18F.10.060 Exemptions and Exclusions

18F.10.060 Exemptions and Exclusions.

A. Exemptions. The following land division actions are exempt from the provisions of this Title:

1. Cemeteries and other burial plots while used for that purpose.

2. Divisions of land into lots or tracts each of which is 100 acres or larger.

3. Divisions of land within the boundaries of:

a. An approved Planned Unit Development, Planned Development District, Master Planned Community into lots or tracts each of which is 1/128th of a section of land, or larger, or 5 acres or larger where both the new parcel and the remainder are consistent with development approvals and site plan. Divisions creating lots for further subdivision or for purposes of financing, shall be restricted to one lot with each Record of Survey; or

b. A preliminary plat into lots or tracts each of which is 1/32 of a section of land, or larger, or 20 acres or larger if the land is not capable of description as a fraction of a section of land; provided that for the purpose of computing the size of any lot which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line.

4. Divisions of land outside the boundaries of an approved Planned Unit Development, Planned Development District, Master Planned Community, or preliminary plat into lots or tracts, each of which is 1/32 of a section of land or larger, or 20 acres or larger if the land is not capable of description as a fraction of a section of land; and which are submitted after November 1, 2005; provided:

a. The division meets the density or lot size zoning requirements for the area involved; provided that for the purpose of computing the size of any lot which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

b. A survey of the division conducted by a licensed land surveyor is filed with the Pierce County Auditor. The survey shall be recorded and shall include the following notes:

"Future development, including but not limited to, clearing and grading, new structures and installation of infrastructure are subject to Pierce County Development Regulations."

"The Critical Area Affidavit for this division does not eliminate the necessity for critical area review at the time of development permit application."

"Division of any lot or tract that is 1/16 of a section (40 acres) or less shall be subject to a short subdivision, large lot division or formal subdivision process as set forth in Title 18F PCC and may require that infrastructure, including roads, be improved to comply with Title 17A PCC, Site Development and Stormwater Drainage."

c. Each lot or tract adjoins or has legal access to a public road right-of-way private road easement;

d. The property owner submits a critical area affidavit disclosing the presence or absence of critical areas to ensure that each lot or tract other than a non-building tract contains at least two contiguous acres (referred to as a buildable area) located outside of any regulated critical area and associated setback or buffer and that access to the buildable area is located outside of said setbacks or buffers.

5. A proposed division of land made by testamentary provisions or the laws of descent shall be submitted to Planning and Public Works for review and approval. No building permit shall be issued on a lot created through this process unless the lot meets the requirements of PCC 18A.05.090 B. Testamentary divisions shall also be subject to the following:

a. Applications for testamentary divisions shall contain a legal description of all proposed lots.

b. Each lot must adjoin or have legal access to a public road right-of-way or private road easement.

c. A note shall be recorded on the title of each lot that puts future purchasers on notice of whether or not the lot was created pursuant to applicable lot size requirements for construction of a single-family dwelling.

6. Divisions of land which were legally created prior to August 13, 1974.

7. Divisions of land for use solely for the installation of electric power, natural gas, telephone, water supply, sewer service, petroleum pipelines, or County utility facilities of a similar or related nature; provided, however, that any remaining lot that is nonconforming with regard to density and size shall be at least of adequate size to accommodate required zoning setbacks and able to meet minimum onsite sewage disposal requirements in the event that sewer lines are not available within 300 feet.

8. Divisions of land for the sole purpose of enabling the County or a municipal corporation to surplus or acquire land for port purposes, boat moorage or launching sites, or for park, open space, critical area, conservation, viewpoint, recreational, educational or other public purposes; provided, however, that any remaining lot that is nonconforming with regard to density or size shall be at least of adequate size to accommodate required zoning setbacks and able to meet minimum onsite sewage disposal requirements in the event sewer lines are not available within 300 feet.

9. Division of land by roads or rights-of-way.

a. The County recognizes that a parcel has been divided into separate, legal lots by a State or Federal road or highway; a County road that has been adopted as part of the County road system; or a County road right-of-way that has been acquired or accepted by Pierce County but is an unopened County road.

b. In the case of a County road that has been adopted as part of the County road system or an unopened County road right-of-way, the division line between the lots created shall be the centerline of the right-of-way. Where a County road or an unopened County road right-of-way is located on the margin or edge of a parcel, such right-of-way shall not divide the parcel.

10. In the case of an established railroad right-of-way, the County shall recognize that a parcel has been divided into separate, legal lots as set forth in subsection (a) and (b) above.

11. Division of County owned surplus property. Real property owned by Pierce County, that is not needed for transportation purposes and that it is in the public interest to sell, may be divided to facilitate the transfer of ownership from the County to an adjacent property owner or another public entity.

12. Division of land by a binding site plan for sale or lease of industrially zoned property, provided:

b. A survey of the binding site plan division conducted by a licensed land surveyor is filed with the Pierce County Auditor. The survey shall be recorded and shall include the following notes:

"Future development, including but not limited to, clearing and grading, new structures and installation of infrastructure are subject to Pierce County Development Regulations."

"The Critical Area Affidavit for this division does not eliminate the necessity for critical area review at the time of development permit application."

c. Each lot or tract adjoins or has legal access to an existing public road right-of- way or private road easement; and

d. The property owner submits a critical area affidavit disclosing the presence or absence of critical areas to ensure that each lot or tract other than a non-building tract contains sufficient buildable area located outside of any regulated critical area and associated setback or buffer and that access to the buildable area is located outside of said setbacks or buffers.

B. Exclusions. The following actions shall not be considered a land division action and are excluded from the provisions of Title 18F PCC:

1. Assessor-Treasurer's Office segregations and combinations for tax purposes only;

2. Utility easements; and

3. Boundary line disputes pursuant to RCW 58.04.007.