AN ACT Relating to subdivisions; amending RCW 58.17.020, 58.17.070, 58.17.100, 58.17.140, 58.17.170, and 58.17.900; and adding a new section to chapter 58.17 RCW.

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

Sec. 1. Section 1, chapter 121, Laws of 1983 and RCW 58.17.020 are each amended to read as follows:

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section.

(2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

(3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

(4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

(5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.

(6) "Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership: PROVIDED, That the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine.

(7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan.

(8) "Short plat" is the map or representation of a short subdivision.

(9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

(10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries.

(11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter.

(12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter.

(13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter.

(14) "Planning commission" means that body as defined in chapters 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter.

(15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter.

(16) "Completed application" means an application that consists of drawings and documents required by a city, town, or county ordinance or resolution required by this chapter. Such completed application shall meet the requirements of RCW 58.17.033.

Sec. 2. Section 7, chapter 271, Laws of 1969 ex. sess. as amended by section 4, chapter 293, Laws of 1981 and RCW 58.17.070 are each amended to read as follows:

A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the legislative body of the city, town, or county within which the plat is situated. If, within ten days of the submittal of the preliminary plat, the city, town, or county has not notified the applicant, in writing, of an incomplete application, the preliminary plat shall be considered a completed application.

Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.

Sec. 3. Section 10, chapter 271, Laws of 1969 ex. sess. as amended by section 6, chapter 293, Laws of 1981 and RCW 58.17.100 are each amended to read as follows:

If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions. When the holding of hearings is assigned to one of the above or a hearings examiner as established in RCW 58.17.330, the hearings body shall hold the hearing within one hundred twenty days of submittal of the complete application.

Such recommendation shall be submitted to the legislative body not later than ((~~fourteen~~)) thirty days following ((~~action~~)) the completion of the hearing by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it may adopt or reject the recommendations of such hearing body. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, the change of the recommendation shall not be made until the legislative body shall conduct a public hearing and thereupon adopt its own recommendations and approve or disapprove the preliminary plat. Such public hearing may be held before a committee constituting a majority of the legislative body. If the hearing is before a committee, the committee shall report its recommendations on the matter to the legislative body for final action.

If the review and recommendation of an agency or hearing body is not completed within the time periods allowed by this section or RCW 58.17.140, the preliminary plat shall be forwarded to the hearings body or legislative authority with a presumed recommendation of approval.

Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

A record of all public meetings and public hearings shall be kept by the appropriate city, town or county authority and shall be open to public inspection.

Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies.

Sec. 4. Section 14, chapter 271, Laws of 1969 ex. sess. as last amended by section 2, chapter 233, Laws of 1986 and RCW 58.17.140 are each amended to read as follows:

Preliminary plats of any proposed subdivision and dedication shall be approved((,)) or disapproved((~~, or returned to the applicant for modification or correction~~)) within ((~~ninety~~)) one hundred fifty days from date of ((~~filing~~)) acceptance of the completed application thereof unless the applicant consents to an extension of such time period or the ((~~ninety~~)) one hundred fifty day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3). Within ninety days of accepting the completed application, the city, town, or county shall notify the applicant, in writing of any and all specific deficiencies of the preliminary plat drawings and documents. Such notice shall identify measures necessary to correct such deficiencies so as to meet the ordinances and rules of the city, town, or county that were in effect at the time of acceptance of the completed preliminary plat application. If the preliminary plat application has any such deficiencies, the one hundred fifty day time period shall not include the time the applicant utilizes to correct such drawings or documents nor shall it include the five days after the applicant returns the application to the city, town, or county for their review or such corrections: PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ((~~ninety~~)) one hundred fifty 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 three years of the date of preliminary plat approval: PROVIDED, That this three-year time period shall retroactively apply to any preliminary plat pending before a city, town, or county as of July 24, 1983, where the authority to proceed with the filing of a final plat has not lapsed under an applicable city, town, or county ordinance containing a shorter time period that was in effect when the preliminary plat was approved. An applicant who files a written request with the legislative body of the city, town, or county at least thirty days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow other extensions of time that may or may not contain additional or altered conditions and requirements.

NEW SECTION. Sec. 5. A new section is added to chapter 58.17 RCW to read as follows:

A city, town, or county through its local ordinances may require the submittal of construction drawings, plans, or specifications following preliminary plat approval but prior to final plat approval. The city, town, or county shall complete its review of construction drawings, plans, or specifications, if such review is required within forty-five days of submittal by the applicant.

If the city, town, or county finds deficiencies in the construction drawings, plans, or specifications, the applicant shall be notified in writing of specific corrections to be made to conform to adopted standards within twenty days of the submittal.

Sec. 6. Section 17, chapter 271, Laws of 1969 ex. sess. as amended by section 10, chapter 293, Laws of 1981 and RCW 58.17.170 are each amended to read as follows:

((~~When~~)) Within forty-five days of submittal by the applicant of the plat for final plat approval, the legislative body of the city, town or county ((~~finds that~~)) shall review the subdivision proposed for final plat approval ((~~conforms to~~)). Final plat approval shall be given when all terms of the preliminary plat approval have been met, and ((~~that said~~)) the 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 acceptance of the complete application for preliminary plat approval((~~, it~~)). The local legislative authority 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 or returned to the applicant for filing with the county auditor within five days of approval by the local legislative body. 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 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.

Sec. 7. Section 33, chapter 271, Laws of 1969 ex. sess. and RCW 58.17.900 are each amended to read as follows:

All ordinances and resolutions enacted at a time prior to the passage of this chapter by the legislative bodies of cities, towns, and counties and which are in substantial compliance with the provisions of this chapter, shall be construed as valid and may be further amended to include new provisions and standards as are authorized in general law.

All ordinances and resolutions adopted to implement this chapter and all administrative policies for the interpretation and administration of this chapter and local ordinances or resolutions shall be formally adopted and available. All ordinances and resolutions shall be adopted after public notice and hearings.