40.540.020    Land Division – Introduction

A.    Purpose. In addition to those purposes set forth in RCW 58.17.010, the following purposes are also essential to the regulation of the subdivision of land within the unincorporated areas of the county:

1.    To promote the effective utilization of land;

2.    To make adequate provision for the housing, commercial, and industrial needs of the county;

3.    To prescribe procedures for the subdivision of land in accordance with officially adopted plans, policies, and standards, including the provisions of any adopted zoning ordinance; and

4.    To provide for the efficient processing of subdivision applications without undue delay.

B.    Applicability.

1.    Plat, Short Plat or Other Review Required. All divisions of land, except those specifically listed in Section 40.540.020(B)(4), shall be subject to the provisions of the applicable portions of Chapter 58.17 RCW and this chapter.

2.    Agreement to Transfer Land After Preliminary Plat Approval. Agreements to transfer land prior to final plat or short plat is authorized; provided, that the performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat or short plat approval is expressly conditioned on the recording of the final plat or short plat containing the lot, tract or parcel.

3.    Redivisions. Any division of land occurring after June 20, 1989, which is exempt from review under RCW 58.17.040(2) and Section 40.540.020(B)(4)(b) shall not be further divided using the short plat process for a period of five (5) years following the date of such exempt division.

4.    Exemptions. The provisions of this chapter shall not apply to the following:

a.    Cemeteries and burial plots while used for that purpose.

b.    Divisions of land into lots or tracts, each of which is one thirty-second (1/32) of a section of land or larger, or twenty (20) acres or larger, if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this item which borders on a street or road, excluding limited-access streets or roads, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street, and the side lot lines of the lot running perpendicular to such centerline.

c.    Divisions of land which are the result of the actions of governmental agencies, such as condemnation for road construction purposes.

d.    Divisions of land made by testamentary provisions, or the laws of descent.

e.    Divisions of land into lots or tracts classified for industrial or commercial use, when the responsible official has approved a “binding site plan” for use of the land in accordance with Section 40.520.040(C).

f.    Divisions of land made 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 responsible official has approved a “binding site plan” for the use of land in accordance with Section 40.520.040.

g.    Divisions of land made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW.

h.    Divisions of land made by court order; provided, the divisions shall comply with all other provisions of the UDC.

i.    A boundary line adjustment pursuant to Section 40.540.010.

j.    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.

(Amended: Ord. 2016-09-04)