CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 6578

 

 

                    Chapter 44, Laws of 2002

 

 

                        57th Legislature

                      2002 Regular Session

 

 

PERSONAL WIRELESS SERVICES--DIVISIONS

 

 

 

                    EFFECTIVE DATE:  6/13/02

 

Passed by the Senate February 12, 2002

  YEAS 48   NAYS 0

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 5, 2002

  YEAS 97   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 6578 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

 

 

 

Approved March 14, 2002 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

          March 14, 2002 - 11:27 a.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                         SENATE BILL 6578

          _______________________________________________

 

             Passed Legislature - 2002 Regular Session

 

State of Washington   57th Legislature        2002 Regular Session

 

By Senators B. Sheldon, Finkbeiner, Poulsen, Rossi and T. Sheldon

 

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.


    Passed the Senate February 12, 2002.

    Passed the House March 5, 2002.

Approved by the Governor March 14, 2002.

    Filed in Office of Secretary of State March 14, 2002.