BILL REQ. #: H-1858.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/16/09. Referred to Committee on Local Government & Housing.
AN ACT Relating to time limitation for approval of plats; amending RCW 58.17.140 and 58.17.170; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that active land
use permits are expiring due to a downturn on the state economy.
Considerable cost has been expended by applicants and local
jurisdictions to approve projects. Allowing these projects to expire
would make it difficult for the state to meet its housing needs in the
future and impose considerable staff costs on local governments to
perform work that has already been completed.
(2) The legislature further finds that, in the current period of
economic challenge, an extension for plat approvals will contribute to
the overall employment of the state by employing citizens of Washington
as soon as is practicable in the family wage jobs of the land
development and home building industries.
Sec. 2 RCW 58.17.140 and 1995 c 68 s 1 are each amended to read
as follows:
Preliminary plats of any proposed subdivision and dedication shall
be approved, disapproved, or returned to the applicant for modification
or correction within ninety days from date of filing thereof unless the
applicant consents to an extension of such time period or the ninety
day limitation is extended to include up to twenty-one days as
specified under RCW 58.17.095(3): PROVIDED, That if an environmental
impact statement is required as provided in RCW 43.21C.030, the ninety
day period shall not include the time spent preparing and circulating
the environmental impact statement by the local government agency.
Final plats and short plats shall be approved, disapproved, or returned
to the applicant within thirty days from the date of filing thereof,
unless the applicant consents to an extension of such time period. A
final plat meeting all requirements of this chapter shall be submitted
to the legislative body of the city, town, or county for approval
within ((five)) seven years of the date of preliminary plat approval.
A final short plat meeting all requirements of this chapter shall be
submitted to the legislative body of the city, town, or county for
approval within four years of the date of preliminary short plat
approval. Nothing contained in this section shall act to prevent any
city, town, or county from adopting by ordinance procedures which would
allow additional extensions of time that may or may not contain
additional or altered conditions and requirements.
Sec. 3 RCW 58.17.170 and 1981 c 293 s 10 are each amended to read
as follows:
When the legislative body of the city, town or county finds that
the subdivision proposed for final plat approval conforms to all terms
of the preliminary plat approval, and that said subdivision meets the
requirements of this chapter, other applicable state laws, and any
local ordinances adopted under this chapter which were in effect at the
time of preliminary plat approval, it shall suitably inscribe and
execute its written approval on the face of the plat. The original of
said final plat shall be filed for record with the county auditor. One
reproducible copy shall be furnished to the city, town or county
engineer. One paper copy shall be filed with the county assessor.
Paper copies shall be provided to such other agencies as may be
required by ordinance. Any lots in a final plat filed for record shall
be a valid land use notwithstanding any change in zoning laws for a
period of five years from the date of filing. A subdivision shall be
governed by the terms of approval of the final plat, and the statutes,
ordinances, and regulations in effect at the time of approval under RCW
58.17.150 (1) and (3) for a period of ((five)) seven years after final
plat approval unless the legislative body finds that a change in
conditions creates a serious threat to the public health or safety in
the subdivision.