H-0338.1  _______________________________________________

                          HOUSE BILL 1499

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representative Schoesler

Read first time 01/27/1999.  Referred to Committee on Local Government.

Changing provisions relating to division of land.

    AN ACT Relating to land division; amending RCW 58.17.010, 58.17.020, 58.17.030, 58.17.033, 58.17.035, 58.17.040, 58.17.060, 58.17.110, 58.17.150, 58.17.195, 58.17.200, and 58.17.900; and adding a new section to chapter 58.17 RCW.

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

    Sec. 1.  RCW 58.17.010 and 1981 c 293 s 1 are each amended to read as follows:

    The legislature finds that the process by which land is divided is a matter of state concern and should be administered in a uniform manner by cities, towns, and counties throughout the state.  The purpose of this chapter is to regulate the subdivision of land and to promote the public health((,)) and safety ((and general welfare)) in accordance with standards established by the state to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water((,)) and sewerage((, parks and recreation areas, sites for schools and schoolgrounds and other public requirements)); to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards ((and local plans and policies)); to adequately provide for the housing and commercial needs of the citizens of the state; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description.

    Sec. 2.  RCW 58.17.020 and 1995 c 32 s 2 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)) ten 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)) nine 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)) every county, city, or town ((may)) shall by local ordinance increase to nine 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 58.17.030 and 1974 ex.s. c 134 s 1 are each amended to read as follows:

    Every subdivision shall comply with the provisions of this chapter.  Every short subdivision as defined in this chapter shall comply with ((the provisions of any local regulation adopted pursuant to)) RCW 58.17.060.

    Sec. 4.  RCW 58.17.033 and 1987 c 104 s 2 are each amended to read as follows:

    (1) A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ((ordinance,)) and zoning ((or other land use control)) ordinances((,)) in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official.

    (2) The requirements for a fully completed application ((shall be defined)) adopted by local ordinance are limited to submission procedures.

    (3) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.

    Sec. 5.  RCW 58.17.035 and 1987 c 354 s 2 are each amended to read as follows:

    A city, town, or county may adopt by ordinance procedures for the divisions of land by use of a binding site plan as an alternative to the procedures required by this chapter.  The ordinance shall be limited and only apply to one or more of the following:  (1) The use of a binding site plan to divisions for sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4); (2) divisions of property for lease as provided for in RCW 58.17.040(5); and (3) divisions of property as provided for in RCW 58.17.040(7).  Such ordinance may apply the same or different requirements and procedures to each of the three types of divisions and shall provide for the alteration or vacation of the binding site plan, and may provide for the administrative approval of the binding site plan.  However, such an ordinance may not impose requirements or procedures that are inconsistent with the provisions of RCW 58.17.040 (4), (5), or (7).  Such an ordinance is not necessary for divisions of property as provided for in RCW 58.17.040(7)(d) (i) or (ii).

    The ordinance shall provide that after approval of the general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial or industrial lots shall be done by administrative approval.

    The binding site plan, after approval, and/or when specific lots are administratively approved, shall be filed with the county auditor with a record of survey.  However, when a binding site plan has been approved pursuant to RCW 58.17.040(7)(d) (i) or (ii), then no further administrative approval of these lots and no record of survey is required other than the survey map and plans required under chapter 64.32 or 64.34 RCW.  Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record.  Except for divisions made under RCW 58.17.040(7), the number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed by the local zoning ordinances.

    All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

    Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW.

    Sec. 6.  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))) (c) such approved binding site plan is recorded in the county or counties in which such land is located; and (((e))) (d) 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,)) owner of the land against which a binding site plan will be recorded may elect, but cannot be required by a city, town, or county, to depict or describe on the binding site plan the boundaries of the lots or tracts resulting from subjecting a portion of ((the)) a parcel or tract of land to either chapter 64.32 or 64.34 RCW.  A site plan shall be deemed to have been approved as a binding site plan for purposes of this subsection, and shall not be subject to further review or approval, 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, rezone, or other land use approval process 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)) or (ii) of this subsection (7)(((e))) (d), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan pursuant to this subsection, which procedures may include the review and approval of the site plan before recording.

NEW SECTION. Sec. 7.  A new section is added to chapter 58.17 RCW to read as follows:

    This chapter does not apply to the creation of a condominium pursuant to either chapter 64.32 or 64.34 RCW unless a division of land will result from subjecting a portion of a parcel or tract of land to chapter 64.32 or 64.34 RCW, in which event this chapter only applies to the division of land into the portions being made and not being made a part of the condominium, and shall not apply to the creation of a condominium within any such portion.  In the event of any conflict between the provisions of this chapter and chapter 64.32 or 64.34 RCW, then chapter 64.32 or 64.34 RCW controls.  "Subjecting a portion of a parcel or tract of land to chapter 64.32 or 64.34 RCW" means:  Recording pursuant to either chapter 64.32 or 64.34 RCW a condominium declaration and survey map and plans in which the land being made a part of the condominium upon such recording is a portion of such parcel or tract and the remaining portion of such parcel or tract is not being made a part of the condominium upon such recording; as a result of such recording, such a parcel or tract is divided into a portion being made, and a portion not being made a part of the condominium; such portions of the parcel or tract could not each legally be sold, transferred, or leased to two different transferees without such division first having satisfied the requirements of this chapter.  This section applies to all condominiums created under either chapter 64.32 or 64.34 RCW regardless of the date on which the condominium was created.

    Sec. 8.  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)) procedures 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)) nine 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)) nine lots within the original short plat boundaries:  PROVIDED FURTHER, That such ((regulations)) procedures 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.

    Sec. 9.  RCW 58.17.110 and 1995 c 32 s 3 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((,)) and safety, ((and general welfare,)) for ((open spaces,)) drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, and 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((,)) and 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)) makes 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((,)) or 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.

    Sec. 10.  RCW 58.17.150 and 1983 c 121 s 4 are each amended to read as follows:

    Each preliminary plat submitted for final approval of the legislative body shall be accompanied by the following agencies' recommendations for approval or disapproval:

    (1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;

    (2) Local planning agency or commission, charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision ((or dedication));

    (3) City, town or county engineer.

    Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant.

    Sec. 11.  RCW 58.17.195 and 1981 c 293 s 14 are each amended to read as follows:

    No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance ((or other land use controls which may exist)).

    Sec. 12.  RCW 58.17.200 and 1969 ex.s. c 271 s 20 are each amended to read as follows:

    Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm, or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision or a short plat or short subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter.  The costs of such action shall be taxed against the person, firm, corporation, or agent selling or transferring the property.

    Sec. 13.  RCW 58.17.900 and 1969 ex.s. c 271 s 33 are each amended to read as follows:

    All ordinances and resolutions enacted at a time prior to the passage of this chapter by the legislative bodies of cities, towns, and counties and which are in substantial compliance with the provisions of this chapter, shall be construed as valid and ((may)) shall be further amended to include new provisions and standards as are authorized in general law.

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