S-0053.2 _______________________________________________
SENATE BILL 5084
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senator McCaslin
Read first time 01/13/93. Referred to Committee on Government Operations.
AN ACT Relating to land use regulations; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and adding a new section to chapter 58.17 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 35.63 RCW to read as follows:
(1) No city, county, board, commission, or hearing examiner acting under this chapter may make modification of zoning requirements or other land use restrictions for any parcel of real estate contingent upon the transfer or dedication of a portion of such parcel of real estate to the public, unless the following requirements are met:
(a) The property to be transferred is necessary for a public use identified in an existing comprehensive plan; and
(b) The property to be transferred will be actually employed for such public use within twelve months of the date of transfer.
(2) Subsection (1) of this section shall apply whether the modification is made by the granting of a conditional use permit, variance, rezone, or otherwise.
NEW SECTION. Sec. 2. A new section is added to chapter 35A.63 RCW to read as follows:
(1) No city, board, commission, or hearing examiner acting under this chapter may make modification of zoning requirements or other land use restrictions for any parcel of real estate contingent upon the transfer or dedication of a portion of such parcel of real estate to the public, unless the following requirements are met:
(a) The property to be transferred is necessary for a public use identified in an existing comprehensive plan; and
(b) The property to be transferred will be actually employed for such public use within twelve months of the date of transfer.
(2) Subsection (1) of this section shall apply whether the modification is made by the granting of a conditional use permit, variance, rezone, or otherwise.
NEW SECTION. Sec. 3. A new section is added to chapter 36.70 RCW to read as follows:
(1) No county, board, commission, or hearing examiner acting under this chapter may make modification of zoning requirements or other land use restrictions for any parcel of real estate contingent upon the transfer or dedication of a portion of such parcel of real estate to the public, unless the following requirements are met:
(a) The property to be transferred is necessary for a public use identified in an existing comprehensive plan; and
(b) The property to be transferred will be actually employed for such public use within twelve months of the date of transfer.
(2) Subsection (1) of this section shall apply whether the modification is made by the granting of a conditional use permit, variance, rezone, or otherwise.
NEW SECTION. Sec. 4. A new section is added to chapter 58.17 RCW to read as follows:
No city, county, board, commission, or hearing examiner acting under this chapter may make an approval, modification, or alteration of a subdivision, short subdivision, or binding site plan contingent upon the transfer or dedication of a portion of the affected parcel of real estate to the public, unless the following requirements are met:
(1) The property to be transferred is necessary for a public use identified in an existing comprehensive plan; and
(2) The property to be transferred will be actually employed for such public use within twelve months of the date of transfer.
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