S-3911.1  _______________________________________________

 

                         SENATE BILL 6127

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senator McCaslin

 

Read first time 01/08/96.  Referred to Committee on Government Operations.

 

Approving short plats or subdivisions.



    AN ACT Relating to dedications required for approval of short plats or subdivisions; and amending RCW 58.17.060.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 58.17.060 and 1990 1st ex.s. c 17 s 51 are each amended to read as follows:

    (1) The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof.  When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215.  Such regulations shall be adopted by ordinance and shall provide that a short plat and short subdivision may be approved only if written findings that are appropriate, as provided in RCW 58.17.110, are made by the administrative personnel, and may contain wholly different requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor:  PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries:  PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief.

    An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision.

    (2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

    (3) No city, town, or county may require as a condition of approval under this section, the dedication of any portion of the property for which a short plat or short subdivision approval is sought, for the purpose of open space, greenbelt, or buffer zone, or future road, bicycle path, or pedestrian way unless the owner is paid the fair market value for such dedication.  For purposes of this subsection, a future road, bicycle path, or pedestrian way is any right of way which will not be fully developed at the same time as the subdivided lots are offered for sale.

 


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