H-1586.1
HOUSE BILL 2062
State of Washington
64th Legislature
2015 Regular Session
By Representatives Takko and Taylor
Read first time 02/10/15. Referred to Committee on Judiciary.
AN ACT Relating to increasing certainty and predictability in the land use permit process; and amending RCW 19.27.095, 36.70B.180, and 58.17.033.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 19.27.095 and 1991 c 281 s 27 are each amended to read as follows:
(1) A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application. In accordance with RCW 4.04.010, neither this subsection (1) nor any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.
(2) The requirements for a fully completed application shall be defined by local ordinance but for any construction project costing more than five thousand dollars the application shall include, at a minimum:
(a) The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor;
(b) The property owner's name, address, and phone number;
(c) The prime contractor's business name, address, phone number, current state contractor registration number; and
(d) Either:
(i) The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or
(ii) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project.
(3) The information required on the building permit application by subsection (2)(a) through (d) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site.
(4) The information required by subsection (2) of this section and information supplied by the applicant after the permit is issued under subsection (5) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made.
(5) If any of the information required by subsection (2)(d) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection (1) of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.
(6) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.
Sec. 2.  RCW 36.70B.180 and 1995 c 347 s 503 are each amended to read as follows:
Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement. In accordance with RCW 4.04.010, nothing in this section nor any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.
Sec. 3.  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. In accordance with RCW 4.04.010, neither this subsection (1) nor any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.
(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.
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