6025.E AMH HEAV BURK 2

 

 

 

 

 


ESB 6025 - H AMD TO LG COMM AMD (H4486.1) 1329 ADOPTED 3-4-94

By Representative Heavey

 

     On page 8, after line 34, insert the following new sections:

     "NEW SECTION.  Sec. 13.   A new section is added to chapter 35.21 RCW to read as follows:

     (1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:

     (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or

     (b) Other development or design requirements not required by the local government with jurisdiction over the property.

     (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:

     (a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or

     (b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.

 

     NEW SECTION.  Sec. 14.   A new section is added to chapter 35.92 RCW to read as follows:

     (1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:

     (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or

     (b) Other development or design requirements not required by the local government with jurisdiction over the property.

     (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:

     (a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or

     (b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.

 

     NEW SECTION.  Sec. 15.   Sections 13 and 14 of this act shall take effect July 1, 1994.


 

     NEW SECTION.  Sec. 16.  (1) Sections 13 and 14 of this act do not apply to any application for a plat or subdivision subject to chapter 58.17 RCW and filed before July 1, 1994.  Nor do such sections apply to any land located within such a plat or subdivision.

     (2)  Nothing in subsection (1) of this section and sections 13 and 14 of this act shall be construed to affect, in any manner whatsoever, the validity or invalidity of any city's or town's regulations or restrictions with respect to applications and lands that, under subsection (1) of this section, are excluded from the application of sections 13 and 14 of this act.  It is the intent of the legislature that any legal questions concerning the authority of a city or town to apply such regulations or restrictions to such excluded applications and lands shall be determined as if subsection (1) and sections 13 and 14 were not law." 


 

 

 

EFFECT:  With exceptions, provides that cities or towns may not condition their providing sewer or water services outside their boundaries on the property owners' compliance with their development regulations.  This rule would not apply to plat or subdivision applications filed before July 1, 1994  or to land covered by such application.