_______________________________________________
SENATE
BILL 6578
_______________________________________________
Passed
Legislature - 2002 Regular Session
State of Washington 57th
Legislature 2002 Regular Session
By
Read
first time 01/22/2002. Referred to Committee on Economic Development &
Telecommunications.
Exempting land leases for personal wireless communication
facilities from the subdivision act.
AN
ACT Relating to leases for personal wireless communication facilities; and
amending RCW 58.17.040.
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)
A division for the purpose of leasing land for facilities providing personal
wireless services while used for that purpose. "Personal wireless
services" means any federally licensed personal wireless service.
"Facilities" means unstaffed facilities that are used for the
transmission or reception, or both, of wireless communication services
including, but not necessarily limited to, antenna arrays, transmission cables,
equipment shelters, and support structures.
