FINAL BILL REPORT
SHB 116
C 354 L 87
BYHouse Committee on Local Government (originally sponsored by Representatives Nutley, Allen, Haugen, May, Ferguson, Bristow, Rayburn and Brough)
Modifying procedures for vacation and alteration of subdivisions, binding site plans and surveying divisions of land.
House Committe on Local Government
Senate Committee on Governmental Operations
SYNOPSIS AS ENACTED
BACKGROUND:
Every division of property for purposes of sale, lease, or transfer of ownership, where the smallest lot is less than five acres, must be reviewed and approved by the county, city or town within which it is located. A county, city or town may increase the size of the smallest lot to be created by a division of property that is subject to its review and approval or rejection.
A short subdivision is the division of property that results in four or fewer lots, while a subdivision is the division of property that results in five or more lots. A city or town may increase the maximum number of lots resulting from a short subdivision up to nine lots. A plat is a map of a subdivision, while a short plat is a map of a short subdivision. The review and approval of a proposed subdivision is a two-step process, involving preliminary plat approval and final plat approval, that includes public notice and the holding of public hearings. The review and approval of a proposed short subdivision is a one-step process, involving the administrative approval of the short plat, with no public notice being made and no public hearing being held.
Subdivisions are required to be surveyed, while the local short subdivision ordinance may require short subdivisions to be surveyed.
A county, city or town may adopt an ordinance subjecting proposed divisions of property to a binding site plan procedure in lieu of the subdivision or short subdivision procedure, if the division is for any or all of the following purposes: (1) sale or lease for industrial or commercial uses; (2) lease for placing mobile homes or travel trailers; or (3) condominiums.
Laws prescribe separate processes for the: (1) vacation of lots, streets, commons, or public squares located in towns or in unincorporated towns; (2) vacation of roads; (3) vacation of streets; (4) alteration of townsites, additions, city plats or plats; and (5) revision of subdivisions or short subdivisions.
SUMMARY:
The binding site plan procedure, that is an option for approving divisions of property under certain circumstances, is more fully described. A binding site plan may be administratively approved. The number of lots created under a binding site plan process may not exceed the number of lots allowed by applicable zoning ordinances.
This optional procedure for industrial or commercial divisions is only allowed on land that is zoned for industrial or commercial users, and must provide that after approval of the general binding site plan, the approval of improvements and finalization of specific individual lots will be done by administrative approval.
A boundary line adjustment between platted or unplatted lots, or both, is exempt from the subdivision and short subdivision process.
The existing laws on vacating and altering lots, plats and townsites are repealed and replaced with new provisions.
The process for vacating a subdivision is: (1) a petition is filed that has been signed by all parties having an ownership interest in the land, requesting the vacation and giving the reasons; (2) the legislative authority of the county, city or town holds a public hearing on the proposal; and (3) the legislative authority determines the public use and interest in the proposal may grant or deny the vacation. Title to the vacated property vests with the rightful owners as shown on the county records, but if a public area is vacated, title to the area vests with the owners of the property on each side of it as determined by the county, city or town legislative authority.
The process for altering a subdivision is: (1) a petition is filed, that has been signed by at least both three-quarters of the owners and the owners of three- quarters of the area, requesting the alteration; (2) the legislative authority holds a public hearing on the proposal; and (3) the legislative authority determines the public use and interest in the proposal and may approve or deny the petition. The petitioner must prepare and file a revised final plat or short plat if the alteration were approved. If the area were located in an assessment district, the outstanding assessments are equitably divided among the remaining lots. If the area contains a dedication to the general use of residents, the dedicated land is divided among the adjacent properties as determined by the county, city or town legislative authority.
If the vacation or alteration involves property that is subject to restrictive covenants that were filed at the time of the vacation or alteration, the application must contain an agreement signed by all parties subject to the covenants agreeing to terminate or alter the covenants.
A hearing on a vacation or alteration may be held by a hearings examiner.
The requirement is deleted that counties, cities and towns adopt ordinances providing for the revision or short subdivisions.
An ordinance requiring a survey of a short plat must require that the survey be completed and filed with the application for approval of the short subdivision.
Whenever a survey of a proposed subdivision or short subdivision reveals a discrepancy, the discrepancy is to be noted on the final plat or short plat. Any such discrepancy must be disclosed on a title report prepared by a title insurer and issued after the filing of the final plat or short plat.
VOTES ON FINAL PASSAGE:
House 89 0
Senate 44 0(Senate amended)
House (House insisted)
Free Conference Committee
Senate 47 0
House 96 0
EFFECTIVE:July 26, 1987