SB 5633 — Concerning the subdivision of land.

(((19))) (17) "Unit lot subdivision" means a subdivision ((or short subdivision)) proposed as part of a residential development project that meets the development standards applicable to the parent lot at the time the application is vested, but which may result in development on one or more individual unit lots becoming p.

3 SSB 5633 nonconforming as to specified land use and development standards based on the analysis of the individual unit lot.

By June 30, 2026, all unit lot subdivisions shall require notification to purchasers of their legal status as further described in RCW 58.17.060.

(18) "Administrative personnel" means the position, employee, or qualified third party designated by the city, town, or county in its development regulations to make a decision on an application subject to this chapter.

(19) "Development regulation" or "regulation" have the meaning as set forth in RCW 36.70A.030.

(20) "Parcel" means an area of land having fixed boundaries that is subdivided into lots, tracts, and blocks.

(21) "Tract" means a fractional part of divided lands having fixed boundaries that is dedicated or reserved for a specific use as specified on a preliminary plat, final plat, or binding site plan, such as drainage facilities, open space or native growth protection area, critical areas and associated buffers, parks, recreation facilities, and landscaping.

RCWThe 58.17.040legislature finds that the process by which land is divided is a matter of state concern and 2025should cbe 208administered suniformly 2by arecities, eachtowns, amendedand tocounties readthroughout asthe follows:state.

The provisionspurpose of this chapter shallis not apply to:

(1) CemeteriesRegulate the division of land and otheralteration burialof plotsproperty whileboundaries usedand forto thatpromote purpose;the public health, safety, and general welfare in accordance with standards established by the state;

(2)to Divisionspromote ofefficient landuse into lots or tracts each of which is one- one hundred twenty-eighth of a section of land orconsistent larger,with orrequirements fivefor acresthose orcities, largertowns, ifand thecounties landplanning isunder not capable of description as a fraction of a section of land, unless the governinggrowth authoritymanagement ofact, thechapter city,36.70A town,RCW; or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions:

PROVIDED,(2) ThatPromote forsafe purposesand ofconvenient computingtravel 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 that would be bounded by the centerpublic lineon ofstreets the road or street and thehighways; side lot lines of the lot running perpendicular to such center line;

(3) DivisionsProvide madefor byadequate testamentarylight provisions,and orair; the laws of descent;

(4) DivisionsFacilitate ofadequate landprovision into lots or tracts classified for industrialwater, orsewerage, commercialparks useand whenrecreation theareas, city,sites town, or county has approved a binding site plan for theschools useand ofschoolgrounds, theand landother inpublic accordancerequirements; p.

4(5) SSBProvide 5633for withproper localingress regulations.and egress;

Forp. the purposes of this section, commercially zoned property includes property that is zoned to permit or conditionally permit any multifamily residential uses;

(5)2 ASB division5633 (6) Provide for the purposeexpeditious review of leaseapplications whenfor noproposed residentialsubdivisions structureconsistent other than mobile homes, tiny houses or tiny houses with wheels as defined in RCW 35.21.686,36.70A.020(7) orand travelchapter trailers36.70B areRCW; 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)(7) AProvide division made for the purposeapproval of alterationproposed bysubdivisions adjustingthat boundaryconform lines,to betweenlocal plattedcomprehensive orplans, unplattedzoning, lotsand ordevelopment both,regulations whichadopted doesby notcities, ((create)):towns, and counties;

(a)(8) CreateAdequately anyprovide additionalfor lot,the tract,housing ((parcel,and site,))commercial orneeds divisionof ((northe create));citizens of the state;

(b)(9) createRequire anyuniform lot,monumenting tract,of ((parcel,subdivisions; site,)) or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site under applicable development regulations;

orand (c)(10) createRequire anyconveyances lot,of tract,land orby divisionaccurate thatlegal isdescription. not buildable according to locally adopted development regulations for critical areas, shorelines, stormwater, setbacks, impervious surface areas, or building coverage standards;

(7)NEW DivisionsSECTION. 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 p.

5 SSB 5633 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;

(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 p.

6 SSB 5633 electric utility facilities subject to the provisions of this subsection are planned and constructed;

and (10) A division of land into lots or tracts of less than two 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 a rural fire district station, provided the proposed lots or tracts contain sufficient area and dimensions to meet minimum building site width and area requirements, and appropriate provisions are made for potable water supplies and sanitary wastes.

RCWThe 58.17.040definitions andin 2025this csection 208apply sthroughout 3this arechapter eachunless amendedthe tocontext readclearly asrequires follows:otherwise.

The(1) provisions"Binding ofsite thisplan" chaptermeans shalla notdrawing applyto to:a scale specified by local ordinance which:

(1)(a) CemeteriesIdentifies and othershows burialthe plotsareas whileand usedlocations forof thatall purpose;streets and roads public or private, improvements, utilities, open spaces, and any other matters specified by local development regulations;

(2)(b) DivisionsContains ofinscriptions land into lots or tractsattachments eachsetting offorth whichsuch isappropriate one-limitations oneand hundredconditions twenty-eighthfor ofthe ause section of land or larger, or five acres or larger if the land is not capable of description as aare fractionestablished ofby a section of land, unless the governing authority of the city, town, or county inhaving whichauthority theto landapprove isthe situatedsite shallplan; have adopted a subdivision ordinance requiring plat approval of such divisions:

PROVIDED,and That(c) forContains purposesprovisions ofmaking computing the size of any lotdevelopment under this item which borders on a street or road, the lot size shall be expandedin toconformity includewith that area that would be bounded by the centersite lineplan. of the road or street and the side lot lines of the lot running perpendicular to such center line;

(3)(2) Divisions"Block" mademeans bya testamentarygroup provisions,of lots or thetracts lawswithin ofwell-defined descent;and fixed boundaries.

(4)(3) Divisions"County ofauditor" landmeans intothe lotscounty orauditor tractswhose classifiedduties forare industrialdescribed orin commercialchapter use36.22 whenRCW the city, town, or county has approved a binding site plan for the useoffice ofor theperson landassigned insuch accordanceduties withunder locala regulations.county charter.

For(4) "County road engineer" means the purposescounty ofroad thisengineer section,whose commerciallyduties zonedare propertydescribed includesin propertychapter that36.40 isRCW zonedor tothe permitoffice or conditionallyperson permitassigned anysuch multifamilyduties residentialunder uses;a county charter.

(5) A"County divisiontreasurer" formeans the purposecounty oftreasurer leasewhose whenduties noare residentialdescribed structurein otherchapter than36.29 mobileRCW homes, tiny houses or tinythe housesoffice with wheels as defined in RCW 35.21.686, or travelperson trailersassigned aresuch permittedduties tounder bea placed upon the land when the city, town, or county hascharter. p.

7(6) SSB"Dedication" 5633means approvedthe adeliberate bindingappropriation siteof planland by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the usefull exercise and enjoyment of the landpublic inuses accordanceto withwhich localthe regulations;land has been p.

(6)3 ASB division5633 madededicated. for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not ((create)):

(a)The Createintention anyto additionaldedicate lot,must tract,be ((parcel,evidenced site,))by orthe divisionowner ((norpresenting create));a final plat for filing that shows the dedication thereon.

(b)The createacceptance anyof lot,the tract,dedication ((parcel,by site,))the orpublic divisionmust whichbe containsevidenced insufficientby areathe andapproval dimensionof tosuch meetplat minimum requirements for widthfiling andby areathe forappropriate adepartment buildingofficial siteof underthe applicablecity, developmenttown, regulations;or county.

or(7) (c)"Development createregulations" anyhas lot,the tract,same ormeaning divisionas thatin isRCW not36.70A.030. buildable according to locally adopted development regulations for critical areas, shorelines, stormwater, setbacks, impervious surface areas, or building coverage standards;

(7)(8) Divisions"Final ofminor landplat" intomeans lotsthe orfinal tractsdrawing if:prepared for filing for record with the county auditor and containing all elements and requirements for a minor plat set forth in this chapter and in local regulations adopted under this chapter.

(a)(9) Such"Final divisionplat" ismeans the resultfinal drawing of subjectingthe asubdivision portionprepared for filing for record with the county auditor showing thereon the division of a parcel or tractparcels ofinto landlots, totracts, chapterblocks, 64.90streets RCWand subsequentalleys, toor theother recordingdivisions ofand adedications, bindingand sitecontaining planall forelements alland suchrequirements land;set forth in this chapter and in local development regulations adopted under this chapter.

(b)(10) the"Minor improvementsplat" constructedmeans or to be constructed thereon are required by the provisionsadministrative process of thedividing bindingan siteexisting planlot tointo beno included in one or more condominiums,than cooperatives,two orlots ownedfor by an association or other legal entity in which the ownerspurpose of unitssale, thereinlease, or theirtransfer ownersof associationsownership havepursuant ato membershipsection or9(10) otherof legalthis oract. beneficial interest;

(c)(11) "Multifamily development project" means development of a city,new town,detached oraccessory countydwelling hasunit approvedon the bindingsame siteparent planlot foras alla suchpreexisting land;primary residence.

(d)(12) such"Parcel" approvedmeans bindingan sitearea planof island recordedhaving infixed theboundaries countythat oris countiessubdivided ininto whichlots, suchtracts, landand isblocks located;as provided in this chapter.

and(13) (e)"Parent thelot" bindingmeans sitea planlot containsthat thereonis subdivided into unit lots through the followingunit statement:lot subdivision process.

"All(14) development"Planning andcommission" usemeans of the landsame describedas herein"commission" shallas bedefined in accordanceRCW with36.70.020 thisfor bindingcounties, siteRCW plan,35.63.010 asfor itcities mayand betowns, amended with the approval of the city, town, or county"planning havingagency" jurisdictionas overdefined the development of such land, and in accordancechapter with35A.63 suchRCW otherfor governmentalcode permits,cities. approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof.

Upon(15) completion,"Plat" themeans improvementsa onmap theof landa shallproposed besubdivision includedshowing inthereon onethe orlayout morefor condominiums,the cooperatives,division of a parcel or ownedparcels byof anland associationinto orlots, othertracts, legalblocks, entitystreets inand whichalleys, theor ownersother ofdivisions unitsand thereindedications ortogether theirwith ownersother associationselements haveof athe membershipproposed orsubdivision otherconsistent legalwith orthe beneficialrequirements interest.of this chapter.

ThisThe bindingplat sitemust plan shall be binding upon all now or hereafter having any interest in the landbasis describedfor herein."approval The binding site plan may, but need not, depict or describedisapproval the boundaries of the lotslayout orof tracts resulting from subjecting a portionsubdivision. of the land to chapter 64.90 RCW.

A site plan p.

84 SSBSB 5633 shall(16) be"Tract" deemedmeans toa havefractional beenpart approvedof ifdivided lands having fixed boundaries that is dedicated or reserved for a specific use as specified on the short plat, final plat, or binding site planplan, wassuch approvedas bydrainage afacilities, city,open town,space or county:native growth protection area, critical areas, and associated buffers, parks, recreation facilities, and landscaping.

(i)(17) In"Unit connectionlot" withmeans thea finalsubdivided approvallot ofwithin a subdivisiondevelopment platas orcreated plannedfrom unita developmentparent withlot respectand toapproved allthrough ofthe suchunit land;lot subdivision process.

(18) "Unit lot subdivision" means a subdivision or (ii)short insubdivision connectionproposed withas part of a multifamily development project that meets the issuancedevelopment ofstandards buildingapplicable permitsto the parent lot at the time the application is vested, but which may result in development on one or finalmore certificatesindividual ofunit occupancylots withbecoming respectnonconforming as to allspecified land use and development standards based on the analysis of suchthe land;individual unit lot.

orBy (iii)June if30, not2026, approvedall pursuantunit tolot (i)subdivisions andrequire (ii)notification ofto thispurchasers subsectionof (7)(e),their thenlegal pursuantstatus to such other procedures as suchfurther city,described town,in orsection county11 may have established for the approval of athis bindingact. site plan;

(8)NEW ASECTION. 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;

(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;

and (10) A division of land into lots or tracts of less than two 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 a rural fire district station, provided the proposed lots or tracts contain sufficient area and dimensions to p.

9 SSB 5633 meet minimum building site width and area requirements, and appropriate provisions are made for potable water supplies and sanitary wastes.

RCWCities, 58.17.060towns, and 2025counties cshall 271adopt sor 2amend arelocal eachordinances amendedconsistent with the requirements of this chapter no later than the applicability date for such jurisdiction pursuant to readsections as46 follows:and 47 of this act.

(1)(a)In Thethe legislativeevent body of a city, town, or county shalldoes not timely adopt regulationssuch andan procedures,ordinance andthen appointthe administrativeprovisions personnelof forthis thechapter summaryshall reviewapply and approvalsupersede ofany ((short))contrary platscodes andor ((short))development subdivisionsregulations orof alterationthe orcity, vacationtown, thereof.or county.

WhenHowever, anthe alterationcity, town, or vacationcounty involvesis aauthorized publicbut dedication,not therequired alterationto oradopt vacationlocal shallordinances beto processedimplement asminor providedplats inpursuant RCWto 58.17.212section or8 58.17.215.of this act.

SuchNEW regulationsSECTION. shall be adopted by ordinance and shall provide that a ((short)) plat and ((short)) a subdivision may be approved only if written findings that are appropriate, as provided in RCW 58.17.110, are made by the administrative personnel((, and may contain wholly different requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor:

PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries:

PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief.

An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision.

(2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school)).

(b) A city, town, or county may not require a public predecision meeting or hearing, or any design review other than administrative p.

10 SSB 5633 design review, except for those required to comply with state law, including chapter 90.58 RCW.

A preapplication conference with the city, town, or county may only be required consistent with RCW 36.70B.070(5).

(c) If an applicant for preliminary plat approval also submits related applications for approval of rezones, variances, planned unit developments, site plan approvals, development agreements, and any other similar quasi-judicial or administrative actions, then all such applications must be processed concurrently with the preliminary plat application to the extent that procedural requirements applicable to these actions allow for concurrent processing.

Upon filing a complete application for preliminary plat approval, the local government shall provide notice to adjacent landowners as provided in development regulations adopted by the city, town, or county pursuant to chapter 36.70B RCW.

For purposes of this section, adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within 250 feet of any portion of the boundary of the proposed subdivision.

If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property that lie adjacent to the real property proposed to be subdivided, notice under this section must be given to owners of real property located within 250 feet of any portion of the boundaries of such adjacently located parcels.

(d) A public hearing may not be required for approval of a plat application for a proposed subdivision except as provided herein.

A city, town, or county may provide for a public hearing.

(((3))) (2) All cities and towns located in a county planning under RCW 36.70A.040 shall adopt or enact procedures for unit lot subdivisions.

Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots.

(a) These procedures shall include, at a minimum, the requirement that prominent informational notes be placed on the unit lot subdivision's plat, and recorded in the county or counties in which such land is located, to acknowledge each of the following:

(i) Approval of the design and layout of the unit lot's housing development project was granted based on detailed review of that specified project, as a whole, on the parent lot, including specific p.

11 SSB 5633 reference to the applicable permit or file number for that specified project;

(ii) Subsequent subdivision actions, additions, or modifications to the unit lot housing development project's structures may not create or increase any nonconformity of the parent lot as a whole, and shall conform to the approved unit lot housing development project or to the land use and development standards in effect at the time of the proposed actions, additions, or modifications;

(iii) If a structure or portion of a structure within the unit lot housing development project has been damaged or destroyed, any repair, reconstruction, or replacement of any structure shall conform to the approved unit lot housing development project or to the land use and development standards in effect at the time the proposed repair, reconstruction, or replacement project's permit application becomes vested;

and (iv) Additional development or redevelopment of the individual unit lots may be limited as a result of the application of development standards to the parent lot.

(b) These procedures shall also:

(i) Not require any public predecision meeting or hearing, nor any design review other than administrative design review, except for those required to comply with state law, including chapter 90.58 RCW.

A city must ensure that the community and property owners within 250 feet of the unit lot to be subdivided are provided notice consistent with RCW 36.70B.110 of how to provide written comments to the administrative decision maker, including through notice posted on the closest public sidewalk or roadway;

(ii) Apply only clear and objective design and development standards;

(iii) Be logically integrated with the application, review, and approval procedures that apply to the underlying unit lot housing development project to the greatest extent feasible;

and (iv) Be specifically subject to the maximum time period for local government actions as set forth in RCW 36.70B.080, unless extended pursuant to project-specific mutual agreement as permitted by RCW 36.70B.080.

(c) After the deadlines in (e) of this subsection, no city or town subject to this section may decline to accept, process, or approve an application for a unit lot subdivision, consistent with the procedural requirements of (a) and (b) of this subsection, solely p.

12 SSB 5633 because that city or town has not completed adoption or enactment of the procedures required under this section.

(d) Nothing in this section:

(i) Prohibits a city or county from applying public health, safety, building code, and environmental permitting requirements to a development project that is subject to or integrated with a unit lot subdivision process;

(ii) Requires a city or county to authorize a development project or a unit lot subdivision in a location where development is restricted under other laws, rules, or ordinances, such as in locations where development is limited as a result of physical proximity to on-site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.

(e) Cities and towns that are required to submit their next comprehensive plan update in 2027 pursuant to RCW 36.70A.130 must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements of this section in their next comprehensive plan update.

All other cities and towns must implement the requirements of this section within two years of July 27, 2025.

(f) Nothing in this subsection alters the vesting requirements set forth in RCW 58.17.033.

RCWEvery 58.17.095subdivision andof 1986land cmust 233comply swith 1the areprovisions eachof amendedthis tochapter. read as follows:

((A))NEW (1)(a)SECTION. Any county, city, or town that is not required by this chapter to approve a preliminary plat application administratively without a public hearing may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing by adopting an ordinance providing for such administrative review.

The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing.

((The administrative review process shall include the following minimum conditions:

(1))) (b) The notice requirements ((of RCW 58.17.090 shall be followed, except that the publication shall be made within ten days of the filing of the application.

Additionally, at least ten days after the filing of the application notice both shall be:

(a) Posted on or around the land proposed to be subdivided in at least five p.

13 SSB 5633 conspicuous places designed to attract public awareness of the proposal;

and (b) mailed to the owner of each lot or parcel of property located within at least three hundred feet of the site.

The applicant shall provide the county, city, or town with a list of such property owners and their addresses.

The notice shall include notification that no public hearing will be held on the application, except as provided by this section.

The notice shall set out the procedures and time limitations for persons to require a public hearing and make comments.

(2) Any person shall have a period of twenty days from the date of the notice to comment upon the proposed preliminary plat.

All comments received shall be provided to the applicant.

The applicant has seven days from receipt of the comments to respond thereto.

(3) A public hearing on the proposed subdivision shall be held if any person files a request for a hearing with the county, city, or town within twenty-one days of the publishing of such notice.

If such a hearing is requested, notice requirements for the public hearing shall be in conformance with RCW 58.17.090, and the ninety-day period for approval or disapproval of the proposed subdivision provided for in RCW 58.17.140 shall commence with the date of the filing of the request for a public hearing.

Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance.

(4) On its own initiative within twenty-one days of the filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the county, city, or town, shall be authorized to cause a public hearing to be held on the proposed subdivision within ninety days of the filing of the request for the subdivision.

(5) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100)) of the administrative review process must be set forth in development regulations adopted by the city, town, or county pursuant to chapter 36.70B RCW, which may include, but are not limited to:

(a) Requiring posting notice on or around the land proposed to be subdivided to attract public awareness of the proposal;

(b) mailing notice of the proposed subdivision to neighboring property owners located within at least 200 feet of the site, including notification that no public p.

14 SSB 5633 hearing will be held on the application, except as provided by this section;

and (c) the process and time requirements for the public to comment on the proposed subdivision and for the applicant to respond to the comments in writing.

(2) A city, town, or county may specify in its development regulations when a public hearing must be held and, if such a hearing is required, the development regulations must set forth the requirements for notice of the public hearing, by whom the hearing will be conducted, and the procedures for such hearing.

RCW(1) 58.17.110The legislative bodies of cities, towns, and 2018counties chave 1sole sauthority 104to areadopt eachor amendedamend subdivision ordinances and development regulations adopted pursuant to readthis aschapter, follows:provided that such legislative bodies may by ordinance delegate final plat approval to an established planning commission, agency, or department official in accordance with state law or local charter.

(1)(a)p. The ((city, town, or county legislative body shall inquire into)) administrative personnel shall review the public use and interest proposed to be served by the establishment of the subdivision and dedication.

((It5 shallSB determine:5633 (2) A proposed division of land must be considered under the substantive subdivision ordinance, zoning, and other development regulations in effect at the time an application for plat approval of the subdivision submitted to the appropriate city, town, or county official is deemed to be complete under RCW 36.70B.070.

(a)This Ifsubsection appropriate))does (b)not Aapply subdivisionto andprocedural dedicationregulations shallregarding not be approved unless the administrativeprocessing personnelof makean writtenapplication findingsfor consistenta withproposed applicablesubdivision. development regulations that:

(i)(3) AppropriateThe provisionsrequirements are made for, but not limited to, the public health, safety, and general welfare, for opena spaces,fully drainagecomplete ways,application streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall considerbe alldefined otherby relevantlocal facts,ordinance includingadopted sidewalksby andthe othercity, planningtown, featuresor thatcounty assureconsistent safewith walkingthe conditionsrequirements forof studentschapter who36.70B ((only))RCW. walk to and from school;

andA (((b)city, whethertown, the))or (ii)county Theshall publicnot interestprohibit willthe besubmittal servedof bya thefully subdivisioncomplete andapplication dedication.based on a requirement not expressly included in the local ordinance.

(c)This Thesubsection administrativeshall personnelnot mayoperate imposeto conditionsallow for or require any public meeting or other form of approvalcommunity engagement as necessarya prerequisite to ensuresubmittal complianceof witha thesefully standards.complete application under this section.

Every(4) approval,Nothing conditionalin approval,this section restricts the authority of a city, town, or denialcounty mustfrom beimposing inconditions writingon anda includeplat findingsfor ofa factproposed andsubdivision conclusionspursuant to supportthe authority under chapter 43.21C RCW unless the decision.plat is exempt from such review under either chapter 43.21C RCW, chapter 197-11 WAC, or by local ordinance.

IfNEW theseSECTION. findings cannot be made, the application must be denied.

(2) ((A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that:

(a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit p.

15 SSB 5633 stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;

and (b) the public use and interest will be served by the platting of such subdivision and dedication.

If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication.)) Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval.

Dedications shall be clearly shown on the final plat.

No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property.

((The legislative body)) Approval of any subdivision shall not ((as a condition to the approval of any subdivision require)) be conditioned upon obtaining a release from damages to be procured from other property owners.

(3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county legislative body must adopt the designated name.

(4) If water supply is to be provided by a groundwater withdrawal exempt from permitting under RCW 90.44.050, the applicant's compliance with RCW 90.44.050 and with applicable rules adopted pursuant to chapters 90.22 and 90.54 RCW is sufficient in determining appropriate provisions for water supply for a subdivision, dedication((, or short subdivision)) under this chapter.

(5) If requested by the administrative personnel, the applicant shall provide written responses to timely submitted public comments prior to issuance of a final decision.

RCW(1) 58.17.120A city, town, or county may adopt by ordinance procedures for the division of land into lots, tracts, or parcels through approval and 1974recording ex.s.of a binding site plan as an alternate method to the subdivision procedures under this chapter only for the following purposes:

c(a) 134Divisions sof 6land arefor eachthe amendedsale toor readlease of commercially or industrially zoned land or land zoned for mixed-use development that includes residential use as follows:provided in section 9 (4) of this act;

The(b) city,Divisions town, or county ((legislative body)) administrative personnel shall consider the physical characteristics of aland proposedfor subdivisionlease siteas andprovided mayfor disapprovein asection proposed9(5) plat because of flood,this p.act;

16and SSB(c) 5633Divisions inundation,of orland swampas conditions.provided for in section 9(7) of this act.

ConstructionA ofbinding protectivesite improvementsplan ordinance may beapply requiredthe assame aor conditiondifferent ofrequirements approval, and suchprocedures improvementsto shalleach beof notedthe onthree thetypes finalof plat.authorized divisions;

Nomust platprovide shallfor beadministrative approved by any city, town, or county ((legislative authority)) covering any land situated in a flood control zone as provided in chapter 86.16 RCW without the prior written approval of thea departmentbinding ofsite ecologyplan; of the state of Washington.

and must provide processes for altering and vacating a binding site plan.

(2) A binding site plan ordinance must provide that after approval of the general binding site plan for industrial, commercial, p.

6 SB 5633 or mixed-use divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial, industrial, or mixed-use lots must be reviewed and approved administratively.

(3) The binding site plan, after approval, or when specific lots are administratively approved, must be filed with the county auditor together with a record of survey.

Lots, tracts, blocks, or other divisions created through the binding site plan procedure must be legal lots of record upon recording of the binding site plan.

The number of lots or tracts may not exceed the number of lots allowed by the local zoning ordinances and development regulations.

(4) A binding site plan filed for record pursuant to section 9(7) of this act 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, but must contain the following statement:

"All development and use of the land described herein must 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 must 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 is binding upon all now or hereafter having any interest in the land described herein." A binding site plan submitted pursuant to section 9(7) of this act must be deemed to have been approved if the site plan was approved by a city, town, or county either:

(a) In connection with the approval of a final plat with respect to all of such land;

(b) In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land;

or (c) If not approved pursuant to (a) and (b) of this subsection, then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan.

p.

7 SB 5633 (5) All provisions, conditions, and requirements of the binding site plan are legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot or tract created pursuant to the binding site plan.

(6) It is a violation of this chapter and may be restrained by injunctive action and held illegal as provided in this chapter to sell, transfer, or lease any lot or tract that either:

(a) Is on a binding site plan that has not been approved and recorded;

or (b) Does not conform to the requirements of the binding site plan.

NEW SECTION.

(1) Cities that are required to comply with the minimum density requirements under RCW 58.17.13036.70A.635 may adopt by ordinance, and 1974incorporate ex.s.into their development regulations, zoning regulations, and other official controls consistent with the requirements of subsection (2) of this section, to take effect on or before the applicability date for such jurisdiction pursuant to sections 46 and 47 of this act.

c(2) 134Through sordinances, 7development areregulations, eachzoning amendedregulations, toand readother official controls as follows:required under subsection (1) of this section, cities may allow within a zone that primarily allows residential uses an administrative minor plat to create one new residential lot if the following conditions are met:

Local(a) regulationsNo shallmore providethan thatone innew lieulot ofis thecreated completionthrough of the actual construction of any required improvements prior to the approval of a finalminor plat,plat. the city, town, or county ((legislative body)) may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such improvements within a period specified by the city, town, or county ((legislative body)) administrative personnel and expressed in the bonds.

InA addition,minor localplat regulationsis maynot provideauthorized for methodsproperties ofin security,zones includingthat theprimarily postingallow ofnonresidential auses bondsuch securingas tobusiness, thecommercial, municipalityretail, theand/or successfulindustrial; operation of improvements for an appropriate period of time up to two years after final approval.

The(b) municipalityA islot herebycreated grantedthrough thea powerminor toplat enforcemay bondsbe authorizedfurther undersegregated thisthrough sectioneither: by all appropriate legal and equitable remedies.

Such(i) localA regulationsunit maylot providesubdivision thatto thesegregate improvementsmiddle suchhousing asunits structures,into sewers,separate andlegal waterparcels systemssubject shallto bethe designedapplicable andresidential certifieddensity by or under the supervisioncity ofis arequired registeredto civilallow engineerpursuant prior to theRCW acceptance36.70A.635; of such improvements.

or (ii) A subdivision provided the total number of lots in such subdivision does not exceed the density allowed under the applicable zoning;

(c) The parent lot and the new lot or lots resulting from the administrative minor plat both meet the applicable minimum lot size allowed under RCW 36.70A.635;

p.

8 SB 5633 (d) The parent lot was not created through the dividing of a single-family residential lot authorized by this section;

and (e) The minor plat would not require demolition or alteration of any existing housing that is rent restricted, rent subsidized, or that has been occupied by a tenant paying market-rate rent within the preceding 12 months.

(3) A city that elects to allow minor plats shall establish procedural and substantive standards through which an administrative minor plat is reviewed and approved administratively and not subject to an administrative appeal if certain criteria are met.

A city may adopt additional standards or criteria that are not inconsistent with this subsection.

The criteria must include that:

(a) The lots resulting from the minor plat meet the minimum lot size under the city's development regulations;

(b) The lots resulting from the minor plat will not require a reasonable use exception for subsequent development;

(c) The applicable sewer and water purveyor or purveyors have issued certificates of availability to serve the newly created lot;

(d) Access rights are granted or conveyed as necessary on or before recording of the final minor plat to provide access for the maximum number of dwelling units that could be developed on the newly created lot, provided such access rights may be reduced consistent with a city's adopted codes, regulations, and design standards as applicable through review of a subsequent application for a building permit, unit lot subdivision, or subdivision application, if less than the maximum number of dwelling units is built on the newly created lot;

and (e) A proposed minor plat may be conditioned upon dedication of right-of-way on the parent lot to the extent such dedication would otherwise be required under applicable codes, regulations, and design standards for the development or subdivision of the parent lot absent the minor plat.

Similarly, a subsequent application for development of housing units on the newly created lot may be conditioned upon construction of frontage improvements to right-of-way adjacent to either the parent parcel or the newly created lots to the extent such improvements would be required under applicable codes, regulations, and design standards.

An administrative minor plat may not be subject to subdivision requirements, including those set forth in section 12 of this act, other than the requirement for a final minor plat and the requirements of this subsection (3).

p.

9 SB 5633 (4) The final minor plat must include a restriction providing that the approval and recording of an administrative minor plat does not constitute or guarantee approval by the city of other permits and approvals that may be necessary to construct residential units on the lots resulting from the minor plat.

(5) Any construction on the resulting lots is subject to all existing state and local laws except for the provisions specified in this act.

(6) A city electing to authorize a division of land through a minor plat may not impose a limit on the total number of dwelling units allowed on the new residential lot and the original lot that is less than the number of residential dwelling units allowed by the underlying zoning of the original lot prior to the administrative minor plat.

(7) Notwithstanding the provisions of this section, a city must deny an application for an administrative minor plat if one or both resulting lots would not have sufficient developable land because of the presence of critical areas or their buffers on the lot.

NEW SECTION.

RCWThe 58.17.140subdivision andrequirements 2013of cthis 16chapter sdo 1not areapply eachto: amended to read as follows:

(1) ((PreliminaryDivisions plats of anyland proposedinto subdivisioncemeteries and dedicationother shallburial beplots approved,while disapproved,used or returned to the applicant for modificationthat orpurpose; correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3):

PROVIDED,(2) ThatDivisions ifof anland environmentalinto impactlots statementor tracts each of which is required1/128th of a section of land or larger, or five acres or larger if the land is not capable of description as provideda infraction RCWof 43.21C.030,a section of land, unless the ninetylegislative dayauthority periodof shallthe notcity, includetown, or county in which the timeland p.is situated shall have adopted a subdivision ordinance requiring subdivision approval of such divisions;

17(3) SSBDivisions 5633of spentland preparingmade andby circulatinga will valid in the environmentalstate impactof statementWashington, by other testamentary provisions, or the locallaws governmentof agency.descent;

(2)(4) FinalDivisions platsof andland shortinto platslots shallor betracts approved,classified disapproved,for industrial or returnedcommercial touse, theor applicantmixed-use withindevelopment thirtythat daysincludes fromresidential use when the datecity, oftown, filingor thereof,county unlesshas theapproved applicanta consentsbinding site plan pursuant to ansection extension7 of suchthis timeact period.for the use of the land in accordance with local codes and development regulations;

(3)(a)(5) ExceptDivisions as provided by (b) of thisland subsection, a)) A final plat meeting all requirements of this chapter shall be submitted to thecreate ((legislativelots body of the city, town, or county))tracts administrative personnel for approval within ((seven years of the datepurpose of preliminarylease platwhen approvalno ifresidential thestructure dateother ofthan preliminarymobile plathomes, approvaltiny ishouses on or beforetiny Decemberhouses 31,with 2014,wheels andas within))defined fivein yearsRCW of35.21.686, theor datetravel oftrailers preliminaryare platpermitted approvalto ((ifbe theplaced dateupon ofthe preliminaryland platwhen approvalthe isp. on or after January 1, 2015)).

(((b)10 ASB final5633 plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county forhas approvalapproved withina tenbinding yearssite ofplan thepursuant date of preliminary plat approval if the project is not subject to requirementssection adopted7 underof chapterthis 90.58act RCWfor and the dateuse of preliminarythe platland approvalin isaccordance onwith orlocal beforeregulations; December 31, 2007.

(4)))(6) (2)Any Nothingboundary containedline inadjustment thisthat: section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements.

(a) Alters boundary lines between platted or unplatted lots or tracts;

(b) Does not create an additional lot or tract;

and (c) Does not create or result in any lot or tract having insufficient size and dimensions to meet minimum requirements for width and area for a building site as established by applicable development regulations of the city, town, or county;

(7) Divisions of land into lots or tracts through a binding site plan pursuant to section 7 of this act if:

(a) Such division is the result of subjecting a portion of a parcel or parcels to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all of such parcel(s);

(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;

and (d) Such approved binding site plan is recorded in the county or counties in which such land is located;

(8)(a) Divisions of land for the purpose of leasing for facilities providing personal wireless services while used for that purpose.

(b) For the purposes of this subsection (8):

(i) "Personal wireless services" means any federally licensed personal wireless service.

(ii) "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;

(9)(a) Divisions 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.

p.

11 SB 5633 (b) This subsection does not exempt divisions from the zoning codes and development regulations of cities, towns, counties, and other 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.

(c) For the purposes of this subsection (9):

(i) "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.

(ii) "New customer" means 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;

and (10) Divisions of land to divide an existing lot or parcel into up to two lots through an administrative minor plat when authorized by a city pursuant to section 8 of this act.

NEW SECTION.

An assessor's plat made in accordance with RCW 58.17.15058.18.010 andneed 1983not ccomply 121with sany 4of arethe eachrequirements amendedof tothis readchapter asexcept follows:sections 37 and 38 of this act.

EachNEW preliminarySECTION. plat submitted for final approval of the ((legislative body)) administrative personnel shall be accompanied by the following agencies' recommendations for approval or disapproval:

(1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;

(2) ((Local planning agency or commission,)) The administrative personnel charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication;

(3) City, town or county engineer.

Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (1) and p.

18 SSB 5633 (3) of this section shall not modify the terms of its recommendations without the consent of the applicant.

RCW(1) 58.17.165The legislative body of a city, town, or county shall adopt regulations and 1981procedures, cand 293appoint sadministrative 9personnel arefor eachthe amendedsummary toapproval readof asshort follows:plats and short subdivisions or alteration or vacation thereof.

EveryWhen finalan platalteration ((oror shortvacation plat))involves of a subdivisionpublic ((ordedication, shortthe subdivision))alteration filedor forvacation record must containbe aprocessed certificate giving a full and correct description of the lands divided as theyprovided appear on the plat ((or short plat)), including a statement that the subdivision ((or short subdivision)) has been made with the free consent and in accordancesection with30 theor desires31 of thethis owneract. or owners.

IfSuch theregulations platmust ((orbe shortadopted plat))by isordinance subjectand toprovide that a dedication,short theplat certificateand orshort asubdivision separatemay writtenbe instrumentapproved shallonly containif thewritten dedicationfindings ofthat allare streetsappropriate, andas otherprovided areasin tosection the15 public,of andthis individualact, orare individuals,made religiousby societythe oradministrative societiespersonnel, orand tomay anycontain corporation,wholly publicdifferent orrequirements privatethan asthose showngoverning on the platapproval ((orof shortpreliminary plat)) and afinal waiverplats of allsubdivisions claimsand formay damagesrequire againstsurveys anyand governmentalmonumentations authorityand whichshall mayrequire befiling occasionedof toa theshort adjacentplat, landor byalteration theor establishedvacation construction,thereof, drainagefor andrecord maintenancein the office of saidthe road.county auditor:

SaidPROVIDED, certificateThat orsuch instrumentregulations ofmust dedicationcontain shalla berequirement signedthat andland acknowledgedin beforeshort asubdivisions notarymay publicnot bybe allfurther partiesdivided havingin any ownershipmanner interestwithin ina theperiod landsof subdividedfive andyears recordedwithout as part of the finalp. plat.

Every12 platSB ((and5633 shortfiling plat))of containing a dedicationfinal filedplat, forexcept recordthat mustwhen bethe accompaniedshort byplat acontains titlefewer reportthan confirmingfour thatparcels, thenothing titlein ofthis thesection landsshall asprevent describedthe andowner shownwho onfiled saidthe short plat isfrom infiling thean namealteration ofwithin the ownersfive-year signingperiod theto certificatecreate orup instrumentto a total of dedication.four lots within the original short plat boundaries:

AnPROVIDED offerFURTHER, ofThat dedicationsuch mayregulations includeare anot waiverrequired ofto rightcontain ofa directpenalty accessclause toas anyprovided streetin fromRCW any36.32.120 property, and ifmay theprovide dedicationfor iswholly accepted,injunctive anyrelief. such waiver is effective.

SuchAn waiverordinance mayrequiring a survey must require that the survey be requiredcompleted byand localfiled authoritieswith asthe aapplication conditionfor approval of approval.the short subdivision.

Roads(2) notCities, dedicatedtowns, toand thecounties publicshall mustinclude bein clearlytheir markedshort onplat theregulations faceand procedures pursuant to subsection (1) of thethis plat.section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

Any(3) dedication,All donationcities, orcode grantcities, as shown on the face of the plat shall be considered to all intents and purposes,towns aslocated in a quitclaimcounty deedplanning tounder theRCW said36.70A.040 doneeshall orby donees,June grantee30, or2026, granteesadopt for his, her or theirenact useprocedures for theunit purposelot intendedsubdivisions. by the donors or grantors as aforesaid.

Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots.

(a) These procedures must include, at a minimum, the requirement that prominent informational notes be placed on the unit lot subdivision's plat, and recorded in the county or counties in which such land is located, to acknowledge each of the following:

(i) Approval of the design and layout of the unit lot's multifamily development project was granted based on detailed review of that specified project, as a whole, on the parent lot, including specific reference to the applicable permit or file number for that specified project;

(ii) Subsequent subdivision actions, additions, or modifications to the multifamily development project's structures may not create or increase any nonconformity of the parent lot as a whole, and shall conform to the approved multifamily development project or to the land use and development standards in effect at the time of the proposed actions, additions, or modifications;

(iii) If a structure or portion of a structure within the multifamily development project has been damaged or destroyed, any repair, reconstruction, or replacement of any structure must conform to the approved multifamily development project or to the land use p.

13 SB 5633 and development standards in effect at the time the proposed repair, reconstruction, or replacement project's permit application becomes vested;

and (iv) The individual unit lots may not be separate buildable lots, and additional development or redevelopment of the individual unit lots may be limited as a result of the application of development standards to the parent lot.

(b) These procedures must also:

(i) Be specifically subject to the maximum time period for local government actions set forth in RCW 36.70B.080, unless extended pursuant to project-specific mutual agreement as permitted by that section;

(ii) Not require any public predecision hearing, nor any design review other than administrative design review;

(iii) Apply only clear and objective development regulations;

and (iv) Be logically integrated with the application, review, and approval procedures that apply to the underlying multifamily development project to the greatest extent feasible.

(c) After June 30, 2026, no city, code city, or town subject to this section may decline to accept, process, or approve an application for a unit lot subdivision, consistent with the procedural requirements of (a) and (b) of this subsection, solely because that city, code city, or town has not completed adoption or enactment of the procedures required under this section.

(d) Nothing in this section:

(i) Prohibits a city or county from applying public health, safety, building code, and environmental permitting requirements to a multifamily development project that is subject to or integrated with a unit lot subdivision process;

or (ii) Requires a city or county to authorize a multifamily development project or a unit lot subdivision in a location where development is restricted under other laws, rules, or ordinances, such as in locations where development is limited as a result of physical proximity to on-site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.

NEW SECTION.

RCWAll 58.17.170applications andfor 2017approval cof 161a sproposed 2plat areto eachsubdivide amendedland must be processed administratively regardless of the number of lots or tracts to readbe ascreated follows:through such subdivision.

A city, town, or county shall adopt an ordinance p.

1914 SSBSB 5633 (1)providing Whenfor the ((legislative body of the city, town, or county, or such other agency as authorized by RCW 58.17.100, finds)) administrative personnelreview find that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meetsapplications thewithout requirementsa ofrequirement thisfor chapter,a otherpublic applicablehearing stateexcept laws,as andprovided anyherein. local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat.

The originaladministrative ofreview saidprocess finalfor platsubdivision shallapplications, beother filedthan forminor recordplats withas provided in section 8 of this act, must include the countyfollowing auditor.minimum requirements:

One(1) reproducibleApplications copyfor shallapproval of plats for proposed subdivisions and dedications of land must be furnishedsubmitted for approval to the city, town, or county engineer.within which the land is situated.

One(2) paperA copycity, shalltown, beor filedcounty withmay thenot countyrequire assessor.an applicant to conduct community outreach or engagement either as a condition precedent for submittal of a subdivision application or as a condition of approval of a subdivision application.

PaperA copiescity, shalltown, beor providedcounty tomay suchprovide otherfor agenciesan optional preapplication meeting regarding a plat for a proposed subdivision but shall not require a preapplication meeting as maya condition precedent for a subdivision application to be requireddeemed bycomplete ordinance.under section 6 of this act and processing under chapter 36.70B RCW.

(2)(((a)(3) ExceptA ascity, providedtown, byor (b)county ofmay thisnot subsection,preclude any))an Anyapplicant lots in a final plat filed for recordsubdivision shallapproval be a valid land use notwithstanding any change in zoning laws ((for a period of seven years from thesubmitting dateconstruction ofplans filingand ifhaving thethose dateplans ofreviewed filingconcurrently iswith on or before December 31, 2014, and)) for a periodsubdivision ofapplication. five years from the date of filing ((if the date of filing is on or after January 1, 2015.

(b)(4) AnyUnless lotsan inapplicant afor finalsubdivision platapproval filedrequests forotherwise, recorda shallcounty, beor a validcity landor usetown notwithstandingwith anya changepopulation inexceeding zoning15,000 lawspeople, forshall aallow periodand ofprovide tenfor yearsa fromplat theapplication datefor ofa filingproposed ifsubdivision theto projectbe isprocessed notconcurrently subjectwith toother requirementsapplications adoptedas underspecified chapterin 90.58 RCW and36.70B.120. the date of filing is on or before December 31, 2007)).

(3)(((a)(5) ExceptThe aspermit providedprocess, by (b) of this subsection, a)) A subdivision shall be governed by the terms of approval of the final plat, and thenotification statutes,requirements ordinances, and regulationsopportunities in effect at the time of approval ((under RCW 58.17.150 (1) and (3) for apublic periodcomments, ofregarding seven years after final plat approvalapplications iffor theproposed datesubdivisions ofmust finalbe platset approvalforth isin ondevelopment orregulations beforeadopted Decemberby 31,the 2014,legislative and))body for a period of five years after final plat approval ((if the datecity, oftown, final plat approval is on or aftercounty Januarypursuant 1, 2015)), unless the ((legislative body finds)) administrative personnel find that a change in conditions creates a serious threat to the publicrequirements healthof orchapter safety36.70B inRCW. the subdivision.

(((b)(6) AAll subdivisionplat shallapplications befor governedproposed bysubdivisions themust termsbe ofreviewed approval of the final plat, and theprocessed statutes,administratively ordinances,consistent andwith regulations in effect at the timesubdivision ofordinances approvaladopted underby RCWsuch 58.17.150city, (1)town, andor (3)county forpursuant a period of ten years after final plat approval if the project is not subject to requirementsthis adopted under chapter 90.58 RCW and thechapter date36.70B p.RCW.

20(7) SSBA 5633public hearing may not be required for approval of finala plat approvalapplication isfor ona proposed subdivision, provided a city, town, or beforecounty Decembermay 31,provide 2007,for unlessa thepublic legislativehearing bodyonly findsfor plat applications for proposed subdivisions that aare changelocated inoutside conditionsof createsan aurban seriousgrowth threatarea designated pursuant to theRCW public36.70A.110 healthand orthat safetyare innot thecategorically subdivision.))exempt Sec.from environmental review pursuant to chapter p.

15 SB 5633 43.21C RCW or exempt by local regulations.

For subdivision applications that are not exempt from chapter 43.21C RCW review, a public hearing may be held only if a person adversely affected by the proposed subdivision files a request for a hearing with the city, town, or county within 21 days of the date of publication of the notice of application.

If a hearing is requested, notice for the public hearing must be provided consistent with the requirements of the development regulations adopted by the city, town, or county adopted pursuant to chapter 36.70B RCW, and the time period for approval or disapproval of the plat for the proposed subdivision provided for in section 19 of this act commences upon the date of the filing of the request for a public hearing.

Any hearing under this subsection must be conducted by the department official, hearing examiner, or planning or hearing body as required by the local project review provisions adopted by the city, town, or county, pursuant to chapter 36.70A RCW, this chapter, and subsection (8) of this section.

(8)(a) Where a public hearing is required as provided in subsection (7) of this section, the city, town, or county legislative body may adopt a hearing examiner system to conduct such hearings and must specify by ordinance the legal effect of the decisions made and the procedures to be followed by the examiner.

The legal effect of such decisions must include one of the following:

(i) The decision may be given the effect of a recommendation to the legislative body;

(ii) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body;

or (iii) The decision may be given the effect of a final decision of the legislative body.

(b) Each final decision of a hearing examiner must be in writing and include findings and conclusions, based on the record, to support the decision.

Each final decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, must be rendered within 10 working days following conclusion of all testimony and hearings.

(9) A city, town, or county shall complete its review and render a final decision on plat applications for proposed subdivisions consistent with the applicable time periods adopted by the city, town, or county pursuant to chapter 36.70B RCW.

If a city is required p.

16 SB 5633 pursuant to subsection (4) of this section to provide for the submittal and concurrent review of construction plans with the review of a plat application and the applicant for subdivision approval requests such concurrent review, the application for construction plan approval is subject to the applicable time periods for such approval and treated separately from, and not consolidated with, the applicable time period for a final decision on the related plat application.

NEW SECTION.

Sec.

RCWNotice 58.17.190of andthe 2017filing cof 161a splat 3application arefor eachapproval amendedof proposed subdivision must be provided to readaffected cities, towns, counties, state and local governmental agencies, utility providers, and such other persons and entities as follows:set forth in regulations adopted by a city, town, or county pursuant to chapter 36.70B RCW.

TheNEW countySECTION. auditor shall refuse to accept any plat for filing until approval of the plat has been given by the ((appropriate legislative body)) administrative personnel, or such other agency as authorized by RCW 58.17.100.

Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the ((legislative body)) city, town, or county required to approve same, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record.

RCW(1) 58.17.195This andsection 1981applies conly 293to sapplications 14for aresubdivision eachapproval amendedfor which a public hearing is allowed pursuant to readsection as12(7) follows:of this act.

No(2) platIf ((ora shortcity, plat))town, mayor becounty approvedhas unlessestablished by ordinance adopted pursuant to this chapter a process for the ((city,review town,of orproposed countyplats makesby a formal))planning administrativecommission personnelin accordance with state law or local charter, such planning commission shall review all plats and make arecommendations writtenthereon findingto ofthe factagency, thatbody, or official of the proposedcity, subdivisiontown, ((oror proposedcounty shortauthorized subdivision))to isapprove inplats conformityto withassure anyconformance applicableof ((zoningthe ordinance))proposed subdivision to the comprehensive plan and the applicable development regulations oras otheradopted landby usethe controlscity, ((whichtown, mayor exist)).county.

The recommendations of the planning commission are advisory only and must include written findings of fact and conclusions of law;

however, the legislative body of the city, town, or county may by ordinance assign to such planning commission, or other agency, body, or official such administrative functions, powers, and duties as may be appropriate to prepare recommendations and to make final decisions regarding the approval or disapproval of plats for proposed subdivisions.

(3) The planning commission may not require a public hearing on a proposed plat except in the event a public hearing is requested as provided in section 12(7) of this act.

(4) The planning commission's recommendation must be submitted to the designated agency, body, or official designated by the legislative body of the city, town, or county to approve plats not p.

17 SB 5633 later than 14 days following issuance of the recommendation by the planning commission.

The process for the review of the planning commission's recommendation must be set forth in development regulations adopted by the city, town, or county pursuant to this chapter and chapter 36.70B RCW.

NEW SECTION.

RCW(1) 58.17.200The agency, body, or official authorized by an ordinance of a city, town, or county legislative body to review and 1969approve ex.s.or disapprove plats for proposed subdivisions shall inquire into the public use and interest to be served by the proposed subdivision and dedication.

cSuch 271authorized sagency, 20body, areor eachofficial amendedshall determine whether the proposed plat complies with the applicable comprehensive plan designation, development regulations, and other codes and design standards adopted by the city, town, or county, and provides sidewalks and other planning features that assure safe walking conditions for students who only walk to readand asfrom follows:school.

WheneverA anyproposed parcel of land is ((divided into five or more lots, tracts, or parcels of land)) subdivided into lots, tracts, or blocks in accordance with this chapter and any person, firm, or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or ((parcel)) block without having a final plat ofmay suchbe subdivisionsubject filed for record, the prosecuting attorney shall commence an action to restrainconditions and enjoin further subdivisions or sales, or transfers, or offers of saleapproval ornecessary transferto andensure compel compliance with allapplicable provisionsdevelopment ofregulations, thiscodes, chapter.and design standards.

TheA costsproposed ofplat, suchas actionso shallconditioned, must be taxeddeemed againstto theprovide person,appropriate firm,provisions corporationfor orthe agentpublic sellinghealth, orsafety, transferringand thegeneral property.welfare.

p.(2) A plat for a proposed subdivision and dedication must be approved if the authorized agency, body, or official makes written findings that it:

21(a) SSBIs 5633consistent Sec.with the applicable comprehensive plan designation;

and (b) As conditioned, complies with the applicable development regulations, codes, and design standards, and includes sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school.

Upon making such findings, the authorized agency, body, or official shall approve the plat application for the proposed subdivision and dedication.

Dedication of land to any public body, provision of public improvements to serve the subdivision, or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of plat approval.

Dedications must be clearly shown on the final plat.

No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 may be allowed that constitute an unconstitutional taking of private property.

The agency, body, or official with authority to approve plats shall not, as a condition to p.

18 SB 5633 the approval, require a release from damages to be procured from other property owners.

(3) If water supply for a proposed subdivision is to be provided by a groundwater withdrawal exempt from permitting under RCW 90.44.050, the applicant's compliance with RCW 90.44.050 and with applicable rules adopted pursuant to chapters 90.22 and 90.54 RCW are sufficient to determine appropriate provisions for water supply have been made for a subdivision or dedication under this chapter.

NEW SECTION.

Sec.

RCWThe 58.17.212authorized agency, body, or official with authority to approve plats shall consider the physical characteristics of a proposed subdivision and 1987may cdisapprove 354or scondition 3approval areof eacha amendedproposed toplat readbased ason follows:adopted development regulations and codes addressing flood, inundation, or swamp conditions.

WheneverConstruction any person is interested in the vacation of anyprotective subdivisionimprovements ormay portionbe thereof,required oras anya areacondition designatedof orplat dedicatedapproval, forand publicsuch use,improvements thatmust personbe shallnoted fileon an application for vacation with the legislativefinal authorityplat. of the city, town, or county in which the subdivision is located.

TheNo applicationplat shallor setfinal forthplat themay reasonsbe forapproved vacationcovering andany shallland containsituated signaturesin ofa allflood partiescontrol havingzone anas ownershipprovided interest in thatchapter portion86.16 RCW without the prior written approval of the subdivisiondepartment subjectof toecology vacation.of the state of Washington.

IfNEW theSECTION. subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation.

When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW ((35.79.030)) 35.79.035, and vacations of roads may not be made that are prohibited under RCW 36.87.130.

The legislative authority of the city, town, or county shall give notice as provided in ((RCW 58.17.080 and 58.17.090 and)) development regulations adopted by the city, town, or county pursuant to chapter 36.70B RCW and, to the extent required under such development regulations, shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision.

If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the legislative authority shall set forth findings that the public use would not be served in retaining title to those lands.

p.

22 SSB 5633 Title to the vacated property shall vest with the rightful owner as shown in the county records.

If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the legislative authority.

When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

This section shall not be construed as applying to the vacation of any plat of state-granted ((tide or shore lands [tidelands or shorelands])) tidelands or shorelands.

RCWLocal 58.17.215development regulations must provide that in lieu of the completion of the actual construction of any improvements required to satisfy conditions of plat approval and 1987to cobtain 354approval sof 4a arefinal eachplat, amendedthe city, town, or county shall accept a bond with a surety and subject to readconditions satisfactory to it, or other secure method, in an amount equal to 125 percent of the estimated construction cost, providing for and securing to the actual construction and installation of such improvements within a time period as follows:required by the city, town, or county.

WhenIn anyaddition, personlocal isdevelopment interestedregulations inmay theprovide alterationfor methods of anysecurity, subdivisionincluding or the alteringposting of anya portionbond thereofsecuring thatto includesthe anymunicipality areathe designatedsuccessful oroperation dedicatedof improvements for public use, except as provided in RCW 58.17.040(6), that person shall submit an applicationappropriate toperiod requestof theup alteration to thetwo legislativeyears authorityafter offinal theplat city,approval. town, or county where the subdivision is located.

The applicationcity, shalltown, containor thecounty signaturesis ofhereby granted the majoritypower ofto thoseenforce personsbonds havingauthorized anunder ownershipthis interestsection ofby lots,all tracts,appropriate parcels,legal sites,and orequitable divisionsremedies. in the subject subdivision or portion to be altered.

IfSuch thelocal subdivisiondevelopment isregulations subjectmay toprovide restrictivethat covenantsthe whichimprovements weresuch filedas atstructures, thesewers, timeand ofwater thesystems approvalmust ofbe thedesigned subdivision, and thecertified applicationby foror alterationunder would result in the violationsupervision of a covenant,registered thecivil applicationengineer shallprior contain an agreement signed by all parties subject to the covenantsacceptance providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of thesuch alterationimprovements. of the subdivision or portion thereof.

Uponp. receipt of an application for alteration, the ((legislative body)) administrative personnel shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW ((58.17.080 and 58.17.090.

The19 noticeSB shall5633 eitherNEW establishSECTION. a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice)) 58.17.060.

Any notice required by p.

23 SSB 5633 this section must include a description of the proposed alteration, note that there will not be a public hearing, and note that comments are due on the application within the time period established by the city, town, or county pursuant to RCW 36.70B.110(2)(e).

The ((legislative body)) administrative personnel shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration.

If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.

If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

After approval of the alteration, the ((legislative body)) administrative personnel shall order the applicant to produce a revised drawing of the approved alteration of the ((final)) plat ((or short plat)), which after signature of the ((legislative authority)) administrative personnel, shall be filed with the county auditor to become the lawful plat of the property.

This section shall not be construed as applying to the alteration or replatting of any plat of state-granted ((tide or shore lands [tidelands or shorelands])) tidelands or shorelands.

RCW(1) 58.17.217If a plat of a proposed subdivision and 1987dedication cas 354submitted sdoes 7not aremeet eachthe amendedcriteria for approval under section 15 of this act it must be returned to readthe asapplicant follows:for modification or correction within the time period established by the city, town, or county pursuant to chapter 36.70B RCW but in no event later than 60 days from the date of the determination of completeness unless the applicant consents to an extension of such time period.

Any(2) hearingA requiredplat byof development regulations adopted by a city,proposed town,subdivision orand countydedication formust thebe vacationapproved ofor adisapproved subdivisionwithin pursuant170 todays RCWin 58.17.212((,))the orsame thetime alterationperiod ofas a subdivisionproject pursuantpermit torequiring RCWpublic 58.17.215((,notice orand 58.17.060)) may be administered by either a hearingspublic examinerhearing aspursuant providedto in RCW 58.17.33036.70B.080(1)(d)(iii) orunless suchthe otherapplicant administrativeconsents personnelto designatedan inextension developmentof regulationssuch adoptedtime byperiod. the city, town, or county.

(3) If an environmental impact statement is required as provided in RCW 43.21C.030 for a proposed plat, the time periods set forth in subsections (1) and (2) of this section may not include the time spent preparing and circulating the environmental impact statement by the local government agency.

(4) A city, town, or county may not prohibit the submission of an application for approval of a final plat prior to completion of construction for the plat improvements.

Applications for approval of final plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing the complete application, unless the applicant consents to an extension of such time period.

(5) A final plat meeting all requirements of this chapter must be submitted to the legislative body of the city, town, or county within five years of the date of plat approval.

If an administrative or judicial appeal is filed regarding approval of the plat then the date of approval of the five-year period shall not commence until such appeal is completed and final.

(6) Nothing contained in this section prevents any city, town, or county from adopting by ordinance procedures that would allow for the extension of the time periods under this section in which to submit a final plat for approval and such extensions may contain additional or amended conditions and requirements than what was required for the approval of the plat deemed necessary to comply with applicable development regulations, codes, and design standards.

p.

20 SB 5633 NEW SECTION.

RCW(1) 58.17.255Each andapproved 1987plat cthat 354is ssubmitted 6for arefinal eachplat amendedapproval tomust readbe asaccompanied follows:by the recommendations for approval or disapproval from the following:

Whenever(a) aThe surveyhealth ofdepartment aor proposedother subdivisionagency ((orfurnishing shortsewage subdivision))disposal revealsand asupplying discrepancy,water theas discrepancyto shallthe beadequacy notedof on the faceproposed means of thesewage finaldisposal platand ((orwater shortsupply; plat)).

Any(b) discrepancyThe shallplanning bedepartment disclosedcharged inwith athe titleresponsibility reportof preparedreviewing byplats aof titleproposed insurersubdivisions andas p.to compliance with all conditions of the approval of the plat or dedication;

24and SSB(c) 5633The issuedcity, aftertown, theor filingcounty ofengineer. the final plat ((or short plat)).

As(2) usedExcept as provided in section 18(6) of this section,act, "discrepancy"an means:authorized agency, body, or official issuing a recommendation for approval of the final plat under this section may not modify the terms of its recommendations without the consent of the applicant.

(1)NEW ASECTION. boundary hiatus;

(2) an overlapping boundary;

or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title.

The review procedures for subdivision applications adopted by a city, town, or county pursuant to chapter 36.70B RCW 58.17.280to implement this chapter must include a requirement that notice, together with a legal description and 1993a clocation 486map, sbe 1given areto eachthe amendeddepartment of transportation whenever a city, town, or county receives an application for the approval of a plat for the proposed subdivision of land that is adjacent to readthe asright-of-way follows:of a state highway.

AnyThe city,department townshall, orwithin countythe shall,time period prescribed by ordinance,the regulatelocal development regulations, but no later than 14 days after receiving the procedurenotice, wherebysubmit ((shortto subdivisions,))the subdivisions,responsible streets,official lotswho andfurnished blocksthe arenotice namedcomments and numbered.information the department deems to be relevant about the effect of the proposed subdivision upon:

A(1) lotThe numberinglegal systemaccess andto a house address system, however, shall be provided by the municipalitystate forhighway; ((short subdivisions and)) subdivisions and must be clearly shown on the ((short plat or)) final plat at the time of approval.

(2) The traffic carrying capacity of the state highway;

and (3) The safety of the users of the state highway.

NEW SECTION.

RCW(1) 58.17.310Every andfinal 2009plat, cor 145replat, sof 1any areland eachfiled amendedfor torecord readmust: as follows:

(1)(a) WheneverContain a statement of approval from the city, town, or county receiveslicensed anengineer, applicationor forby the approval of a platlicensed ((of))engineer foracting aon subdivisionbehalf thatof liesthe incity, wholetown, or incounty, partas in an irrigation district organized pursuant to chapter 87.03 RCW, the ((responsiblelayout administrator)) administrative personnel shall give written notice of thestreets, application,alleys, includingand aother legalrights-of-way, descriptiondesign of thebridges, ((short))sewage subdivision and awater locationsystems, map,and toother thestructures; irrigation district.

Thep. irrigation district shall, after receiving the notice, submit to the ((responsible administrator)) administrative personnel who furnished the notice a statement with any information or conditions for approval that the irrigation district deems to be necessary regarding the proposed ((division's)) subdivision's effect upon the structural integrity, including lateral support, of the irrigation district facilities, other risk exposures, and the safety of the public and irrigation district.

(2)21 InSB addition5633 to(b) anyBe otheraccompanied requirements imposed by thea provisionscomplete survey of this chapter, the ((legislativesection authority)) administrative personnel of any city, town, or countysections shall not approve a ((short plat or)) final plat, as defined in RCW 58.17.020, for any subdivision, ((short subdivision,)) lot, tract, parcel, or ((site)) block which liesthe infinal wholeplat or inreplat partis inlocated anmade irrigation district organized pursuant to chaptersurveying 87.03standards RCWadopted unlessby therethe hasdivision beenof providedengineering anservices irrigation water right-of-way for each portion of the subdivision,department lot, tract, block, or parcel of landnatural ((in))resources withinpursuant suchto district.RCW 58.24.040;

In(c) addition,Include ifproperly acknowledged signatures of any vested owner, lienholder, or beneficiary of a deed of trust for the subdivision,filing ((shortof p.the plat with the auditor of the county in which the land is located, or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of said acknowledgment must be enclosed or annexed to such plat and recorded therewith;

25and SSB(d) 5633Contain subdivision,))a lot,certification tract,from parcel,the orappropriate ((site))officer blockor liesofficers withinin land within the districtcity, classifiedtown, asor irrigable,county completedresponsible irrigationfor watertax distributioncollections facilitiesthat forall suchtaxes landand maydelinquent beassessments requiredfor bywhich the irrigationproperty districtmay bybe resolution,liable bylaw, or rule of general applicability as a condition for approval of the ((shortdate platof or))certification finalhave platbeen ((byduly thepaid, legislativesatisfied, authority of the city, town, or county)).discharged.

Rights-of-way(2) shallNo beengineer evidencedwho byis involved in preparing a plat or materials related thereto for an application to the respectivesubdivide finaland platsplat submittedland for ((final))which subdivision approval ((tois thesought appropriatemay legislativebe authority)).authorized to examine and approve such plat on behalf of any city, town, or county.

InNEW addition,SECTION. if the subdivision, ((short subdivision,)) lot, tract, parcel, or ((site)) block to be ((platted)) subdivided is wholly or partially within an irrigation district of two hundred thousand acres or more and has been previously platted by the United States bureau of reclamation as a farm unit in the district, the ((legislative authority)) administrative personnel of the city, town, or county shall not approve for such land a ((short plat or)) final plat ((as defined in RCW 58.17.020)) without the approval of the irrigation district and the administrator or manager of the project of the bureau of reclamation, or its successor agency, within which that district lies.

Compliance with the requirements of this section together with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state.

RCW(1) 58.17.330Every final plat of a subdivision filed for record must contain a certificate giving a full and 1995correct cdescription 347of sthe 429lands aresubdivided, eachincluding amendeda tostatement readthat asthe follows:subdivision has been made with the free consent and in accordance with the desires of the vested owner or owners.

(1)(2) AsIf anthe alternativefinal toplat thoseis provisionssubject ofto ((thisa chapterdedication, requiringthe certificate or a planningseparate commissionwritten toinstrument hearmust andcontain issuethe recommendationsdedication forof platall approval))streets RCWand 58.17.212other requiringareas to the legislativepublic, bodyand toindividual processor anindividuals, applicationreligious forsociety aor platsocieties, vacation,or theto countyany public or cityprivate legislativecorporation bodyas mayshown adopton the final plat and a hearingwaiver examinerof systemall andclaims shallfor specifydamages byagainst ordinanceany thegovernmental legalauthority effectwhich ofmay be occasioned to the decisionsadjacent madeland by the examiner((.established construction, drainage, and maintenance of said road.

The legalcertificate effector instrument of suchdedication decisions)),must thatbe shallsigned includeand oneacknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the following:final plat.

(a)Every Thefinal decisionplat mayfiled for record that contains a dedication filed must be givenaccompanied by a title report confirming that the effecttitle of athe recommendationlands toas described and shown on the legislativefinal body;plat is vested in the name of the owner or owners signing the certificate or instrument of dedication.

(b)p. The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body;

22 SB 5633 (3) A dedication of land for public streets may include a waiver of the right of direct access to any public street from the land proposed for subdivision with such dedication, which, if accepted, becomes effective upon recording of the final plat or p.other certificate or instrument of dedication.

26Such SSBwaiver 5633may (c)be Therequired decisionby maylocal beauthorities givenas thea effectcondition of aapproval finalfor decisionthe ofplat for the legislativesubdivision. body.

TheRoads legislativenot authoritydedicated shallas prescribepublic proceduresmust to be followedclearly bymarked aas hearingprivate examiner.roads on the face of the final plat.

(2)Any Eachdedication, finaldonation, decisionor grant as shown on the face of athe hearingfinal examinerplat shallmust be indeemed writingto andbe shallfor includeall findingsintents and conclusions,purposes baseda onquitclaim deed to the record,said todonee supportor grantee, for the decision.donee's or grantee's use for the purpose intended by the donors or grantors.

EachNEW finalSECTION. decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.

RCW(1) 36.70B.070When the legislative body of the city, town, or county, or such other agency, body, or official duly authorized pursuant to section 14 of this act, finds that the final plat for the subdivision conforms to all conditions of approval for the approved plat, and 2023that cthe 338final splat 6meets arethe eachrequirements amendedof this chapter, other applicable state laws, and any local ordinances adopted under this chapter that were in effect when the application for approval of the plat for the proposed subdivision was deemed to readbe ascomplete, follows:it shall suitably inscribe and execute its written approval on the face of the final plat.

(1)(a)The Withinfinal 28plat calendarmust daysbe afterfiled receivingfor arecord projectconsistent permitwith application,the arecording localrequirements governmentof planningthe pursuantcounty toauditor RCWfor 36.70A.040each shallcounty providein awhich writtenthe determinationland tobeing thesubdivided applicant((.is located.

(b)Electronic Theor writtenpaper determination))copies thatof the final plat must statebe either:provided to the city, town, or county engineer and to such other agencies as may be required by ordinance.

(i)(2) ThatAny thelots applicationin isa procedurallyfinal complete;plat filed for record are a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing.

or(3) (ii)A Thatsubdivision is governed by the applicationterms isof procedurallythe incompletefinal plat approval, and thatthe statutes, ordinances, and regulations in effect at the proceduraltime submissionof requirementsapproval ((ofunder section 21(1) (a) and (c) of this act for a period of five years after final plat approval unless the locallegislative government))body havefinds notthat beena met.change in conditions creates a serious threat to the public health or safety in the subdivision.

TheNEW determinationSECTION. shall ((outline what is)) identify the information necessary to make the application procedurally complete.

(((c) The number of days shall)) (b) For purposes of this section, all time periods must be calculated by ((counting every)) using calendar ((day)) days.

(((d))) (c) To the extent known by the local government, the local government shall identify any other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.

(2) A project permit application is procedurally complete ((for purposes of this section)) when it meets the procedural submission requirements of the local government, as ((outlined)) identified on the project permit application.

Additional information ((or)), studies, or project modifications may be required ((or project modifications may be undertaken subsequent to the procedural review of the application by the local government.

The)) after a determination of completeness.

A determination of completeness ((shall)) does not preclude the local ((government from requesting)) government's ability to request additional information or studies p.

27 SSB 5633 either at the time of the ((notice)) determination of completeness or ((subsequently)) later if new information is required or if substantial changes in the proposed action occur.

However, ((if)) once the procedural submission requirements((, as outlined on the project permit application have been provided)) have been satisfied, the need for additional information or studies may not delay or preclude a completeness determination.

(3) ((The)) A determination of completeness may include or be combined with the following:

(a) A preliminary determination of those development regulations that will be used for project mitigation;

(b) A preliminary determination of consistency, as provided under RCW 36.70B.040;

(c) Other information the local government chooses to include;

or (d) The notice of application ((pursuant to the requirements in)) required under RCW 36.70B.110.

(4)(a) An application shall be deemed procedurally complete on the 29th day after ((receiving a project permit application under this section)) receipt if the local government does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection (((1)(b)(ii))) (1)(a)(ii) of this section.

((When the local government does not provide)) The absence of a written determination((, they may still seek)) of completeness does not limit the local government's ability to request additional information or studies as provided for in subsection (2) of this section.

(b) Within 14 calendar days after an applicant ((has submitted to a local government)) submits additional information identified by the local government as ((being)) necessary ((for a)) to complete the application, the local government shall notify the applicant whether the application is procedurally complete or ((what additional information is necessary)) identify any remaining information required.

(c) The notice of application required under RCW 36.70B.110 shall be provided within 14 calendar days after the determination of completeness ((pursuant to RCW 36.70B.110)).

(5) If a preapplication conference is required for a complete application, then the preapplication conference must:

p.

28 SSB 5633 (a) Include discussion of the city, town, or county requirements for obtaining a determination of completeness and the applicable review processes, permit types, and development regulations;

and (b) Answer questions from the applicant to facilitate preparation and submittal of a complete application.

RCWAny 36.70B.080decision andapproving 2025or cdisapproving 208any splat 5is arereviewable eachunder amendedchapter to36.70C readRCW. as follows:

However, judicial p.

23 SB 5633 review of a final plat is limited to whether the final plat satisfied all the terms and conditions of plat approval for the subdivision.

NEW SECTION.

Sec.

25.

The county auditor must refuse to accept any plat or dedication for filing until approval of the final plat has been given by the appropriate legislative body, or such other agency, body, or official as authorized by section 14 of this act.

Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the legislative body required to approve the plat or dedication, directing the auditor and assessor to remove from their files or records the unapproved plat or dedication of record.

NEW SECTION.

Sec.

26.

No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision conforms with the applicable zoning, development regulations, codes, and design standards regulations in effect at the time the application for the proposed subdivision is deemed complete as provided in section 6 of this act.

NEW SECTION.

Sec.

27.

Whenever any parcel of land is divided through a subdivision into two or more lots, tracts, or parcels of land and any person, firm, or corporation or any agent of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter.

The costs of such action must be taxed against the person, firm, corporation, or agent selling or transferring the property.

NEW SECTION.

Sec.

28.

If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to section 27 or 42 of this act and does not violate any provision of this p.

24 SB 5633 chapter.

All payments on account of an offer or agreement conditioned as provided in this section must be deposited in an escrow or other regulated trust account and no disbursement to sellers is permitted until the final plat is recorded.

NEW SECTION.

Sec.

29.

A city, town, or county may not issue any building permit, septic tank permit, or other development permit or approval for a lot, tract, or parcel of land divided in violation of this chapter or local regulations adopted pursuant thereto unless the authority authorized to issue such permit or approval finds that the public interest will not be adversely affected thereby.