AN ACT Relating to plat
and subdivision amendments; amending RCW 58.17.020 and 58.17.110; and adding a
new section to chapter 58.17 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 58.17 RCW to read as follows:
The granting of an
easement for ingress and egress or utilities over public property that is held
as open space pursuant to a subdivision or plat, where the open space is
already used as a utility right of way or corridor, where other access is not
feasible, and where the granting of the easement will not impair public access
or authorize construction of physical barriers of any type, may be authorized
and exempted from the requirements of RCW 58.17.215 by the county, city, or
town legislative authority following a public hearing with notice to the
property owners in the affected plat.
Sec. 2. RCW 58.17.020 and 1983 c
121 s 1 are each amended to read as follows:
As used in this
chapter, unless the context or subject matter clearly requires otherwise, the
words or phrases defined in this section shall have the indicated meanings.
(1)
"Subdivision" is the division or redivision of land into five or more
lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or
transfer of ownership, except as provided in subsection (6) of this section.
(2) "Plat" is
a map or representation of a subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, streets and alleys or other
divisions and dedications.
(3)
"Dedication" is the deliberate appropriation of land by an owner for
any general and public uses, reserving to himself no other rights than such as
are compatible with the full exercise and enjoyment of the public uses to which
the property has been devoted. The intention to dedicate shall be evidenced by
the owner by the presentment for filing of a final plat or short plat showing
the dedication thereon; and, the acceptance by the public shall be evidenced by
the approval of such plat for filing by the appropriate governmental unit.
A dedication of an
area of less than two acres for use as a public park may include a designation
of a name for the park, in honor of a deceased individual of good character.
(4) "Preliminary
plat" is a neat and approximate drawing of a proposed subdivision showing
the general layout of streets and alleys, lots, blocks, and other elements of a
subdivision consistent with the requirements of this chapter. The preliminary
plat shall be the basis for the approval or disapproval of the general layout
of a subdivision.
(5) "Final
plat" is the final drawing of the subdivision and dedication prepared for
filing for record with the county auditor and containing all elements and
requirements set forth in this chapter and in local regulations adopted under
this chapter.
(6) "Short
subdivision" is the division or redivision of land into four or fewer
lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or
transfer of ownership: PROVIDED, That the legislative authority of any city or
town may by local ordinance increase the number of lots, tracts, or parcels to
be regulated as short subdivisions to a maximum of nine.
(7) "Binding site
plan" means a drawing to a scale specified by local ordinance which: (a)
Identifies and shows the areas and locations of all streets, roads,
improvements, utilities, open spaces, and any other matters specified by local
regulations; (b) contains inscriptions or attachments setting forth such
appropriate limitations and conditions for the use of the land as are
established by the local government body having authority to approve the site
plan; and (c) contains provisions making any development be in conformity with
the site plan.
(8) "Short
plat" is the map or representation of a short subdivision.
(9) "Lot" is
a fractional part of divided lands having fixed boundaries, being of sufficient
area and dimension to meet minimum zoning requirements for width and area. The
term shall include tracts or parcels.
(10) "Block"
is a group of lots, tracts, or parcels within well defined and fixed boundaries.
(11) "County
treasurer" shall be as defined in chapter 36.29 RCW or the office or
person assigned such duties under a county charter.
(12) "County
auditor" shall be as defined in chapter 36.22 RCW or the office or person
assigned such duties under a county charter.
(13) "County road
engineer" shall be as defined in chapter 36.40 RCW or the office or person
assigned such duties under a county charter.
(14) "Planning
commission" means that body as defined in chapters 36.70, 35.63, or 35A.63
RCW as designated by the legislative body to perform a planning function or
that body assigned such duties and responsibilities under a city or county
charter.
(15) "County
commissioner" shall be as defined in chapter 36.32 RCW or the body
assigned such duties under a county charter.
Sec. 3. RCW 58.17.110 and 1990
1st ex.s. c 17 s 52 are each amended to read as follows:
(1) The city, town, or
county legislative body shall inquire into the public use and interest proposed
to be served by the establishment of the subdivision and dedication. It shall
determine: (a) If appropriate provisions are made for, but not limited to, the
public health, safety, and general welfare, for open spaces, drainage ways,
streets or roads, alleys, other public ways, transit stops, potable water
supplies, sanitary wastes, parks and recreation, playgrounds, schools and
schoolgrounds, and shall consider all other relevant facts, including sidewalks
and other planning features that assure safe walking conditions for students
who only walk to and from school; and (b) whether the public interest will be
served by the subdivision and dedication.
(2) A proposed
subdivision and dedication shall not be approved unless the city, town, or
county legislative body makes written findings that: (a) Appropriate
provisions are made for the public health, safety, and general welfare and for
such open spaces, drainage ways, streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and schoolgrounds and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school; and (b) the public use and interest
will be served by the platting of such subdivision and dedication. If it finds
that the proposed subdivision and dedication make such appropriate provisions
and that the public use and interest will be served, then the legislative body
shall approve the proposed subdivision and dedication. Dedication of land to
any public body, provision of public improvements to serve the subdivision,
and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be
required as a condition of subdivision approval. Dedications shall be clearly
shown on the final plat. No dedication, provision of public improvements, or
impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that
constitutes an unconstitutional taking of private property. The legislative
body shall not as a condition to the approval of any subdivision require a
release from damages to be procured from other property owners.
(3) If
the preliminary plat includes a dedication of a public park with an area of
less than two acres and the donor has designated that the park be named in
honor of a deceased individual of good character, the city, town, or county
legislative body must adopt the designated name.
