5727-S.E AMH LG H4906.1

ESSB 5727 - H COMM AMD  ADOPTED  03/03/92

By Committee on Local Government

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 35.63 RCW to read as follows:

    A council or board that adopts a moratorium or interim zoning control, without holding a public hearing on the proposed moratorium or interim zoning control, shall hold a public hearing on the adopted moratorium or interim zoning control within at least sixty days of its adoption, whether or not the council or board received a recommendation on the matter from the commission.  If the council or board does not adopt findings of fact justifying its action before this hearing, then the council or board shall do so immediately after this public hearing.  A moratorium or interim zoning control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period.  A moratorium or interim zoning control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal."

    "NEW SECTION. Sec. 2.  A new section is added to chapter 35.22 RCW to read as follows:

    A first class city that plans under the authority of its charter is subject to the provisions of section 1 of this act."

    "NEW SECTION. Sec. 3.  A new section is added to chapter 35A.63 RCW to read as follows:

    A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency.  If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing.  A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period.  A moratorium of interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal."

    "NEW SECTION. Sec. 4.  A new section is added to chapter 36.70 RCW to read as follows:

    A board that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the board received a recommendation on the matter from the commission or department.  If the board does not adopt findings of fact justifying its action before this hearing, then the board shall do so immediately after this public hearing.  A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period.  A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal."

    "NEW SECTION. Sec. 5.  A new section is added to chapter 36.32 RCW to read as follows:

    A charter county that plans under the authority of its charter is subject to the provisions of section 4 of this act."

    "NEW SECTION. Sec. 6.  A new section is added to chapter 36.70A RCW to read as follows:

    A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department.  If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing.  A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period.  A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.

    This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions."

    "NEW SECTION. Sec. 7.  A new section is added to chapter 70.05 RCW to read as follows:

    A local board of health that adopts a moratorium affecting water hookups, sewer hookups, or septic systems without holding a public hearing on the proposed moratorium, shall hold a public hearing on the adopted moratorium within at least sixty days of its adoption.  If the board does not adopt findings of fact justifying its action before this hearing, then the board shall do so immediately after this public hearing.  A moratorium adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period.  A moratorium may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal."

ESSB 5727 - H COMM AMD

By Committee on Local Government

    On page 1, line 2 of the title, after "agencies;" strike the remainder of the title and insert "adding a new section to chapter 35.63 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.32 RCW; adding a new section to chapter 36.70A RCW; and adding a new section to chapter 70.05 RCW."