1916recov

H-1284.2 _______________________________________________ HOUSE BILL 1916 _______________________________________________ State of Washington 56th Legislature 1999 Regular Session By Representatives Linville, Mastin, Regala, Ericksen, Cooper, Conway, Fisher, Grant and Anderson Read first time 02/10/1999. Referred to Committee on Local Government. AN ACT Relating to exempting conservation parcels from the subdivision laws; amending RCW 58.17.020 and 58.17.040; adding a new section to chapter 58.17 RCW; and creating a new section. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: {+ NEW SECTION. +} Sec. 1. The legislature recognizes a need to conserve, preserve, restore, and protect lands with value to this state for the purposes of maintaining or improving water quality, restoring or preserving riparian and habitat areas, protecting endangered species habitat and critical areas, and preserving natural resources. The legislature finds that public agencies and nonprofit nature conservancy corporations or associations can assist this state in conserving, preserving, restoring, and protecting these lands by acquiring the title to or conservation easements on these lands. The legislature also recognizes the requirements of existing subdivision laws may impede the transfer of such lands to public agencies and nonprofit nature conservancy corporations or associations because these regulations are designed to regulate land development and since the boundaries or natural features of these lands may not follow straight lines or occur in parcel sizes sufficient to satisfy existing minimum requirements of local zoning or subdivision regulations. The legislature therefore intends by this act to facilitate the conservation, preservation, restoration, and protection of such lands by authorizing an exemption to state subdivision laws for the creation of conservation parcels and by specifying requirements for local governments to review requests to create conservation parcels. 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 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 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 city or town may by local ordinance increase 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 thesite plan. (8) "Short plat" is the map or representation of a shortsubdivision. (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 countycharter. (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. -})) {+ "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. (2) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries. (3) "Conservation parcel" means a parcel or lot of any size and configuration created specifically to conserve, preserve, or protect land in its undeveloped state or to restore the value and benefits of developed land to its undeveloped state. Lands which may be included within a conservation parcel include critical areas as defined in RCW 36.70A.030(5), open space areas, riparian areas, forest lands, agricultural lands, or other lands identified by counties or cities pursuant to section 4 of this act as eligible for inclusion in a conservation parcel. (4) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter. (5) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter. (6) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter. (7) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter. (8) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to the owner 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. (9) "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. (10) "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 includes tracts orparcels. (11) "Planning commission" means that body as defined in chapter 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. (12) "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. (13) "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. (14) "Short plat" is the map or representation of a shortsubdivision. (15) "Short subdivision" is the division or redivision of land into four 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 city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. (16) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (15) of this section. +} Sec. 3. 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 localregulations; (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) {+ A division made for the purpose of creating a conservation parcel according to the requirements of section 4 of this act; and (8) +} 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. {+ NEW SECTION. +} Sec. 4. A new section is added to chapter 58.17 RCW to read as follows: A county, city, or town may adopt by ordinance procedures for the creation of conservation parcels as an exemption to the procedures required by this chapter. The ordinance must: (1) Identify the types of land which may qualify for designation as conservation parcels, including all lands specified in RCW 58.17.020(3) and any other lands the county, city, or town determines to have environmental, ecological, habitat, or natural resource value and to need conservation, preservation, restoration, or protection; (2) Prohibit any residential, commercial, industrial, or active agricultural or forestry uses on conservation parcels; (3) Require that any existing residential, commercial, industrial, or active agricultural or forestry uses be abated and mitigated; (4) To the maximum extent practicable, require that any existing residential, commercial, industrial, or other developments or improvements be removed and that the land be restored prior to approval of the conservation parcel; (5) Limit noncommercial recreation and open space uses on conservation parcels to those activities which will not alter the character of the land or impact the environmental, ecological, habitat, or natural resource value of the land; and (6) Require that title to a conservation parcel be: (a) Held by a public agency for conservation, preservation, restoration, or protection purposes; (b) Held by a nonprofit nature conservancy corporation or association as defined in RCW 84.34.250 for conservation, preservation, restoration, or protection purposes; or (c) Encumbered by a perpetual conservation easement in favor of either a public agency or a nonprofit nature conservancy corporation or association as defined in RCW 84.34.250. --- END ---