AN ACT Relating to land use controls; amending RCW 58.17.140; adding a new section to chapter 58.17 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 58.17 RCW to read as follows:

The legislative body of any county or city may, at its option, adopt procedural rules and regulations for the administrative review of a preliminary plat without a public hearing. The legislative body may specify a threshold number of lots in a subdivision above which a public hearing must be held. The administrative review process shall meet the following minimum conditions:

(1) The notice requirements of RCW 58.17.090 shall be followed. 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 requesting a public hearing and making comments.

(2) Recipients of the required notice shall have a period of twenty days from the date of the notice to comment upon the preliminary plat. All comments received shall be provided to the applicant. The applicant has seven days from receipt of the comments to respond thereto. All persons filing comments shall be given notification of the administrative recommendation for approval or disapproval of the preliminary plat.

(3) Recipients of required notice may file a request for a public hearing within seven days of the notice date. The request for a public hearing may be submitted as part of the comments submitted under subsection (2) of this section. The request shall include reasons in support of holding a public hearing. The legislative body shall send the applicant a copy of the request for a public hearing, and shall notify the applicant, and the person filing the request for the hearing of the date on which the request will be considered by the legislative body. The legislative body shall act on any request for a public hearing within twenty-one days of the date of the public notice issued pursuant to RCW 58.17.090. Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance. The time period during which the request for a public hearing is considered, not to exceed twenty-one days, is added to the time limitation established by RCW 58.17.140.

(4) If the legislative body determines that a public hearing is necessary, then the notice requirements of RCW 58.17.090 shall be followed. The ninety day period for approval or disapproval of the preliminary plat shall commence from the date of the legislative body's decision in favor of holding 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.

(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.

Sec. 2. Section 14, chapter 271, Laws of 1969 ex. sess. as last amended by section 3, chapter 121, Laws of 1983 and RCW 58.17.140 are each amended to read as follows:

Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or 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 section 1(3) of this 1985 act: PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within three years of the date of preliminary plat approval: PROVIDED, That this three-year time period shall retroactively apply to any preliminary plat pending before a city, town, or county as of July 24, 1983, where the authority to proceed with the filing of a final plat has not lapsed under an applicable city, town, or county ordinance containing a shorter time period that was in effect when the preliminary plat was approved. An applicant who files a written request with the legislative body of the city, town, or county at least thirty days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow other extensions of time that may or may not contain additional or altered conditions and requirements.

NEW SECTION. Sec. 3. This act does not affect the provisions of RCW 82.02.020.