BILL REQ. #:  H-3931.2 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to vesting in urban growth areas with recently added territory; and adding a new section to chapter 36.70A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70A RCW to read as follows:
     (1) When a petition for review, which meets the criteria set out in subsection (2) of this section, is submitted to the growth management hearings board in accordance with RCW 36.70A.280 and 36.70A.290, the petitioner may file in superior court a petition to stay or suspend vesting under the comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation challenged in the petition for review during pendency of the matter before the board. A petition to stay or suspend vesting must set forth a statement of grounds for the stay and the factual basis for the request.
     (2) To be eligible to receive a stay or suspension of vesting from the court under this section, the petition for review submitted to the growth management hearings board must allege the following:
     (a) A county has adopted a comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation that modifies the boundaries of an urban growth area;
     (b) The modified urban growth area includes territory previously designated outside of the urban growth area; and
     (c) The adopted comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation is not in compliance with the goals and requirements of this chapter, or applicable requirements of chapter 90.58 or 43.21C RCW.
     (3) A court may grant a petition to stay or suspend vesting only if the court finds that:
     (a) The party requesting the stay is likely to prevail on the merits;
     (b) Without the stay the party requesting it will suffer irreparable harm;
     (c) The grant of a stay will not substantially harm other parties to the proceedings; and
     (d) The request for the stay is timely in light of the circumstances of the case.
     (4) The court may grant the petition to stay or suspend vesting upon such terms and conditions as are necessary to prevent harm to other parties by the stay.
     (5) If a petition to stay or suspend vesting is granted under this section, the stay or suspension may not exceed the latest of the following dates:
     (a) Upon issuance of the board's final order finding that the challenged comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation is in compliance with statutory requirements, as provided in RCW 36.70A.300(3)(a); or
     (b) If the board finds that the comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation is not in compliance with the requirements of this chapter, upon the board's subsequent review and determination that the jurisdiction is in compliance.