BP BHEAD INT S [atlas:bill]

AN ACT Relating to the development of property transferred to children; amending RCW 58.17.040; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70A RCW; and prescribing penalties.

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

Sec. 1. RCW 58.17.040 and 1992 c 220 s 27 are each amended to read as follows:

The provisions of this chapter shall not apply to:

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

(3) Divisions made by testamentary provisions, or the laws of descent;

(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; ((~~and~~))

(7) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan; and

(8) Divisions of land into lots or tracts if the owner transfers by deed not less than one and one-quarter acres nor more than five acres of property to a child for the exclusive purpose of permitting that child to construct thereon one single-family residence and necessary outbuildings for that residence. The deed must contain a restrictive covenant running with the property reflecting the requirements of this subsection. Any conveyance of real property under this subsection is exempt from this chapter. However, if any parcel or parcels that are divided and transferred under this subsection are further subdivided or short subdivided in any manner during a ten-year period immediately following the original division and transfer, the division and transfer is void and shall be considered part of the original division of property which shall be subject to the county subdivision or short subdivision ordinances that are in force at the time of the subsequent division.

Any transfer made under false pretenses for the purpose of using the exemption under this subsection is a gross misdemeanor.

NEW SECTION. Sec. 2. A new section is added to chapter 35.63 RCW to read as follows:

Notwithstanding any zoning provision pertaining to minimum lot sizes, property that is exempt from subdivision and platting requirements under RCW 58.17.040(8) may be developed, so long as:

(1) The property is developed for a use that is authorized for that property under current zoning laws; and

(2) Each lot that is created contains sufficient area for a single-family residence and an on-site sewage disposal system using any method of on-site sewage disposal appropriate for the lot under standards that exist when the lots are created, as determined by the local health department with a lot and on-site sewage disposal system submitted for final approval to the legislative body of the city or town within five years of the date of creation of the lot.

NEW SECTION. Sec. 3. A new section is added to chapter 35A.63 RCW to read as follows:

Notwithstanding any zoning provision pertaining to minimum lot sizes, property that is exempt from subdivision and platting requirements under RCW 58.17.040(8) may be developed, so long as:

(1) The property is developed for a use that is authorized for that property under current zoning laws; and

(2) Each lot that is created contains sufficient area for a single-family residence and an on-site sewage disposal system using any method of on-site sewage disposal appropriate for the lot under standards that exist when the lots are created, as determined by the local health department with a lot and on-site sewage disposal system submitted for final approval to the legislative body of the city within five years of the date of creation of the lot.

NEW SECTION. Sec. 4. A new section is added to chapter 36.70 RCW to read as follows:

Notwithstanding any zoning provision pertaining to minimum lot sizes, property that is exempt from subdivision and platting requirements under RCW 58.17.040(8) may be developed, so long as:

(1) The property is developed for a use that is authorized for that property under current zoning laws; and

(2) Each lot that is created contains sufficient area for a single-family residence and an on-site sewage disposal system using any method of on-site sewage disposal appropriate for the lot under standards that exist when the lots are created, as determined by the local health department with a lot and on-site sewage disposal system submitted for final approval to the legislative body of the county within five years of the date of creation of the lot.

NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW to read as follows:

Notwithstanding any zoning provision pertaining to minimum lot sizes, property that is exempt from subdivision and platting requirements under RCW 58.17.040(8) may be developed, so long as:

(1) The property is developed for a use that is authorized for that property under current zoning laws; and

(2) Each lot that is created contains sufficient area for a single-family residence and an on-site sewage disposal system using any method of on-site sewage disposal appropriate for the lot under standards that exist when the lots are created, as determined by the local health department with a lot and on-site sewage disposal system submitted for final approval to the legislative body of the county, city, or town within five years of the date of creation of the lot.