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ENGROSSED SUBSTITUTE HOUSE BILL 1458

 

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State of Washington      57th Legislature     2001 Regular Session

 

  By House Committee on Local Government & Housing (originally sponsored by Representatives Edwards, Mulliken, Hatfield, DeBolt, Mielke, Edmonds and Rockefeller)

 

READ FIRST TIME 02/27/01. 

_1      AN ACT Relating to establishing a timeline for final decisions

_2  on land use project permit applications; and amending RCW

_3  36.70B.070 and 36.70B.080.

     

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_5      Sec. 1.  RCW 36.70B.070 and 1995 c 347 s 408 are each amended to

_6  read as follows:

_7      (1) Within twenty-eight days after receiving a project permit

_8  application, a local government planning pursuant to RCW

_9  36.70A.040 shall mail or provide in person a written determination

10  to the applicant, stating either:

11      (a) That the application is complete; or

12      (b) That the application is incomplete and listing in detail

13  exactly what information is necessary to make the application

14  complete.

15      To the extent known by the local government, the local

16  government shall identify and inform the applicant of other

17  agencies of local, state, or federal governments that may have

18  jurisdiction over some aspect of the application.

                               p. 1                     ESHB 1458

 

_1      (2) A project permit application is complete for purposes of

_2  this section when it meets the procedural submission requirements

_3  ((of)) identified in the local ((government)) government's

_4  development regulations required by RCW 36.70B.080 and is

_5  sufficient for continued processing even though additional

_6  information may be required or project modifications may be

_7  undertaken subsequently.  The determination of completeness shall

_8  not preclude the local government from requesting additional

_9  information or studies either at the time of the notice of

10  completeness or subsequently if new information is required or

11  substantial changes in the proposed action occur.

12      (3) The determination of completeness may include the following

13  as optional information:

14      (a) A preliminary determination of those development

15  regulations that will be used for project mitigation;

16      (b) A preliminary determination of consistency, as provided

17  under RCW 36.70B.040; or

18      (c) Other information the local government chooses to include.

19      (4)(a) An application shall be deemed complete under this

20  section if the local government does not provide a written

21  determination to the applicant that the application is incomplete

22  as provided in subsection (1)(b) of this section.

23      (b) Within fourteen days after an applicant has submitted to a

24  local government additional information identified by the local

25  government as being necessary for a complete application, the

26  local government shall notify the applicant whether the

27  application is complete or list in detail exactly what additional

28  information is necessary.

     

29      Sec. 2.  RCW 36.70B.080 and 1995 c 347 s 410 are each amended to

30  read as follows:

31      (1) Development regulations adopted pursuant to RCW 36.70A.040

32  shall establish time periods for local government actions on

33  specific project permit applications, with deadlines for issuing

34  final decisions on specific project permit applications, and

35  provide timely and predictable procedures to determine whether a

36  completed project permit application meets the requirements of

37  those development regulations.

ESHB 1458                      p. 2

 

_1      ((Such)) (2) The development regulations identified in

_2  subsection (1) of this section shall specify the contents of a

_3  completed project permit application necessary for the application

_4  of such time periods and procedures.  The contents of a completed

_5  project permit application may include, but are not limited to,

_6  the following:

_7      (a) The legal description or the tax parcel number assigned

_8  pursuant to RCW 84.40.160 and the street address if available;

_9      (b) The property owner's name, address, and telephone number;

10      (c) The business name, address, telephone number of any

11  contractors, and current state contractor registration number;

12      (d) The business name, address, and telephone number of the

13  project permit applicants;

14      (e) Scaled drawings of the site of the proposed project permit;

15      (f) Scaled and dimensional drawings of existing and proposed

16  structures on the site of the proposed project permit;

17      (g) A fully completed environmental checklist, except for

18  project permit applications that either are exempt from the state

19  environmental policy act or for which an environmental checklist

20  under chapter 197-11 WAC is not required; and

21      (h) Any other studies, reports, plans, drawings, or

22  calculations identified by the local government as necessary for

23  continued processing of the specific project permit application.

24      (3) The deadlines for issuing final decisions on specific

25  project permit applications should not exceed one hundred twenty

26  days, unless the local government makes written findings that a

27  specified amount of additional time is needed for complete

28  processing of specific project permit applications.

29      (4)(a) Counties subject to the requirements of RCW 36.70A.215

30  and the cities within those counties that have populations of at

31  least twenty thousand shall identify the types of project permit

32  applications for which decisions are issued according to the

33  provisions of this chapter.  For each type of project permit

34  application identified, these counties and cities shall establish

35  a deadline for issuing a notice of final decision as required by

36  subsection (1) of this section and minimum requirements for

37  applications to be deemed complete under RCW 36.70B.070 as

38  required by subsection (2) of this section.  Counties and cities

                               p. 3                     ESHB 1458

_1  subject to the requirements of this subsection also shall prepare

_2  quarterly performance reports that include, at a minimum, the

_3  following information for each type of project permit application:

_4      (i) Total number of complete applications received during the

_5  quarter;

_6      (ii) Number of complete applications received during the

_7  quarter for which a notice of final decision was issued before the

_8  deadline established under subsection (1) of this section;

_9      (iii) Number of applications received during the quarter for

10  which a notice of final decision was issued after the deadline

11  established under subsection (1) of this section;

12      (iv) Number of applications received during the quarter for

13  which an extension of time was mutually agreed upon by the

14  applicant and the county or city; and

15      (v) Variance of actual performance, excluding applications for

16  which mutually agreed time extensions have occurred, to the

17  deadline established under subsection (1) of this section during

18  the quarter.

19      (b) On a quarterly basis, counties and cities subject to the

20  requirements of this subsection shall provide notice of and access

21  to the quarterly performance reports required by this subsection

22  through the county's or city's web site.  If a county or city

23  subject to the requirements of this subsection does not maintain a

24  web site, notice of the report shall be given by reasonable

25  methods, including but not limited to those methods specified in

26  RCW 36.70B.110(4).

27      (5) Nothing in this section prohibits a county or city from

28  extending a deadline for issuing a decision for a specific project

29  permit application for any reasonable period of time mutually

30  agreed upon by the applicant and the local government.

 

‑‑‑ END ‑‑‑

ESHB 1458                      p. 4