SENATE BILL REPORT

SB 5435

BYSenators McCaslin, DeJarnatt, Nelson, Owen, Smitherman, Anderson, Bender and Sutherland

Regulating subdivisions.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 7, 1989; February 20, 1989

Majority Report:  That Substitute Senate Bill No. 5435 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Pullen, Sutherland.

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  February 22, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 20, 1989

BACKGROUND:

Cities and counties are required to follow procedures specified in platting and subdivision laws when they review and approve (or disapprove) proposed divisions of property.

Proposed subdivisions must be approved, disapproved, or returned for modification within 90 days of the submission of a completed application.  Cities and counties have been criticized for delays in the approval or disapproval of subdivisions based upon uncertain standards to be applied in determining whether a submitted application is complete.

Subdivision applications include a preliminary plat--a drawing of a proposed subdivision showing streets, lots, blocks and other elements of the subdivision.  The final plat is the plan of the subdivision that is filed with the county auditor after approval of the subdivision.

SUMMARY:

A completed application is defined to consist of drawings and documents required under city or county ordinances adopted pursuant to platting and subdivision laws.  Within ten days of the submittal of a preliminary plat, a city or county must notify an applicant in writing that their application is incomplete or the preliminary plat will be considered a completed application.

The process for the approval or disapproval of a proposed subdivision--including final action by the city or county legislative authority--is extended from 90 days to 150 days of the filing of a preliminary plat.  Within 90 days of accepting a completed application, the city or county must notify the applicant of any specific deficiencies of the preliminary plat, and measures necessary to correct the deficiencies.  The 150 day period is tolled for the time that the applicant utilizes to correct the deficiencies, and for five days after the return of the application for the review of any corrections.

A planning commission, hearing examiner or other agency that holds a hearing to develop a recommendation concerning the proposed subdivision must hold the hearing within 120 days of the submittal of a completed application.  The period for the submittal of the recommendation to the city or county legislative authority is extended from 14 days to 30 days following the hearing.  If any review and recommendation is not completed within the applicable time periods, the preliminary plat is to be forwarded to the next stage of the approval process with a presumed recommendation of approval.

A city or county legislative body must review a proposed subdivision within 45 days of its submittal to the body for final approval.  The final plat must be filed with the county auditor within five days after final approval of the subdivision.

If an environmental impact statement is deemed to be required for a proposed subdivision, it must be prepared and circulated within 60 days.

A city or county may require submittal of construction plans following preliminary plat approval, but prior to final plat approval.  Review of such plans must be completed within 30 days of submittal by the applicant.  If deficiencies are discovered, the applicant must be notified of necessary corrections within 20 days of submittal.

Subdivision ordinances must include all administrative policies for the interpretation and administration of subdivision laws.

EFFECT OF PROPOSED SUBSTITUTE:

Changes in the original bill clarify that the 150-day review process begins with the acceptance of the completed application.  Provisions limiting the length of time within which an environmental impact statement must be prepared and circulated are deleted.  The completion of the hearing by the planning commission, hearing examiner, or other agency will commence the 30-day period for the submission of a recommendation to the city or county legislative authority.  Review of construction plans must be completed within 45 days of submittal by an applicant.  An applicant (rather than the city or county) may file the approved final plat with the county auditor.  Local administrative policies concerning subdivision laws and ordinances are not required to be adopted as ordinances, but must be formally adopted and available.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Jim Williams, Mike Echelbarger, Chuck Henderson, Seattle Master Builders (pro); Don Pratt, City of Bremerton, Don Krupp, City of Olympia, Mike Shuttlewort, City of Steilacoom (con); Burt Talcott, Washington Association of Realtors (pro); Ron Main, King County, Gary Lowe, Washington State Association of Counties (con)