BILL REQ. #:  H-4218.2 

READ FIRST TIME 02/09/04.   

     AN ACT Relating to vesting of short subdivisions; and amending RCW 58.17.033.

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

Sec. 1   RCW 58.17.033 and 1987 c 104 s 2 are each amended to read as follows:
     (1) A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official.
     (2) The requirements for a fully completed application shall be defined by local ordinance.
     (3) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.
     (4) A short subdivision shall be governed by the terms of approval of the short subdivision under RCW 58.17.060. Except as provided under subsection (5) of this section, for a period of five years after short subdivision approval according to RCW 58.17.060, the statutes, ordinances, and regulations in effect at the time of short subdivision approval shall govern the short subdivision unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the short subdivision.
     (5) Those short subdivisions that obtain short plat approval on or before the effective date of this act, and which are zoned for single family homes, are not subject to the five-year limitation set forth in subsection (4) of this section, or any other time limitation, with respect to the application of the statutes, ordinances, and regulations in effect at the time of short plat approval. However, a legislative body may act to amend the statutes, ordinances, and regulations applicable to such short subdivisions if it finds that a change in conditions creates a serious threat to the public health or safety in the short subdivision.