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;
(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;
(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; and
(9) A division of land into lots or tracts of less than
three acres that is recorded in accordance with chapter 58.09 RCW
and is used or to be used for the purpose of establishing a site
for construction and operation of consumer-owned or
investor-owned electric utility facilities. For purposes of this
subsection, "electric utility facilities" means unstaffed
facilities, except for the presence of security personnel, that
are used for or in connection with or to facilitate the
transmission, distribution, sale, or furnishing of electricity
including, but not limited to, electric power substations. This
subsection does not exempt a division of land from the zoning and
permitting laws and regulations of cities, towns, counties, and
municipal corporations. Furthermore, this subsection only
applies to electric utility facilities that will be placed into
service to meet the electrical needs of a utility's existing and
new customers. New customers are defined as electric service
locations not already in existence as of the date that electric
utility facilities subject to the provisions of this subsection
are planned and constructed.
[2004 c 239 § 1; 2002 c 44 § 1; 1992 c 220 § 27; 1989 c 43 § 4-123. Prior: 1987 c 354 § 1; 1987 c 108 § 1; 1983 c 121 § 2; prior: 1981 c 293 § 3; 1981 c 292 § 2; 1974 ex.s. c 134 § 2; 1969 ex.s. c 271 § 4.]
NOTES:
Severability -- Effective date -- 1989 c 43: See RCW 64.34.920 and 64.34.930.
Severability -- 1981 c 293: See note following RCW 58.17.010.