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SUBSTITUTE
SENATE BILL 6085
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/23/92.Providing for waiver of review of water and sewer
extensions by boundary review board.
AN ACT
Relating to boundary review boards; amending RCW 36.93.100; and adding a new
section to chapter 36.93 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.93.100 and 1991 c 363 s 96 are each amended to read as follows:
The
board shall review and approve, disapprove, or modify any of the actions set
forth in RCW 36.93.090 when any of the following shall occur within forty-five
days of the filing of a notice of intention:
(1)
Three members of a five-member boundary review board or five members of a
boundary review board in a county with a population of one million or more
files a request for review: PROVIDED, That the members of the boundary review
board shall not be authorized to file a request for review of the following
actions:
(a)
The incorporation or change in the boundary of any city, town, or special
purpose district;
(b)
The extension of permanent water service outside of its existing corporate
boundaries by a city, town, or special purpose district ((where such)) if
(i) the extension is through the installation of water mains of six inches
or less in diameter or (ii) the county legislative authority for the county
in which the proposed extension is to be built is required or chooses to plan
under RCW 36.70A.040 and has by a majority vote waived the authority of the
board to initiate review of all other extensions; or
(c)
The extension of permanent sewer service outside of its existing corporate
boundaries by a city, town, or special purpose district ((where such)) if
(i) the extension is through the installation of sewer mains of eight
inches or less in diameter or (ii) the county legislative authority for the
county in which the proposed extension is to be built is required or chooses to
plan under RCW 36.70A.040 and has by a majority vote waived the authority of
the board to initiate review of all other extensions;
(2)
Any governmental unit affected, including the governmental unit for which the
boundary change or extension of permanent water or sewer service is proposed,
or the county within which the area of the proposed action is located, files a
request for review of the specific action;
(3) A
petition requesting review is filed and is signed by:
(a)
Five percent of the registered voters residing within the area which is being
considered for the proposed action (as determined by the boundary review board
in its discretion subject to immediate review by writ of certiorari to the
superior court); or
(b) An
owner or owners of property consisting of five percent of the assessed
valuation within such area;
(4)
The majority of the members of boundary review boards concur with a request for
review when a petition requesting the review is filed by five percent of the
registered voters who deem themselves affected by the action and reside within
one-quarter mile of the proposed action but not within the jurisdiction
proposing the action.
If a
period of forty-five days shall elapse without the board's jurisdiction having
been invoked as set forth in this section, the proposed action shall be deemed
approved.
If a
review of a proposal is requested, the board shall make a finding as prescribed
in RCW 36.93.150 within one hundred twenty days after the filing of such a
request for review. If this period of one hundred twenty days shall elapse
without the board making a finding as prescribed in RCW 36.93.150, the proposal
shall be deemed approved unless the board and the person who submitted the
proposal agree to an extension of the one hundred twenty day period.
NEW
SECTION. Sec. 2. A new
section is added to chapter 36.93 RCW to read as follows:
The
decisions of a boundary review board located in a county that is required or
chooses to plan under RCW 36.70A.040 must be consistent with RCW 36.70A.020,
36.70A.110, and 36.70A.210.
