S-4586               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6257

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Governmental Operations (originally sponsored by Senators Nelson, DeJarnatt, McCaslin, Sutherland and Benitz)

Read first time 1/24/90.

AN ACT Relating to land development applications; and amending RCW 58.19.060.

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

        Sec. 1.  Section 6, chapter 12, Laws of 1973 1st ex. sess. and RCW 58.19.060 are each amended to read as follows:

          An application for registration of a development shall be filed as prescribed by rules and regulations adopted by the director and shall contain the following documents and information:

          (1) An irrevocable appointment of the director to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or his personal representative;

          (2) A legal description of the development offered for registration, together with a map showing the division proposed or made, and the dimensions of the lots, parcels, units, or interests, and the relation of the development to existing streets, roads, and other off-site improvements;

          (3) The states or jurisdictions in which an application for registration or similar document has been filed, and any adverse order, judgment, or decree entered in connection with the development by the regulator authorities in each jurisdiction or by any court;

          (4) The name and address of each person having an ownership interest of five percent or more in the development together with the names, principal occupations, and addresses of every officer, director, partner, or trustee of the developer;

          (5) A statement of the existing provisions for access, sewage disposal, potable water, and other public utilities, including power, water, natural gas, and telecommunications, in the development; a statement of the improvements to be installed, how they are going to be financed, the schedule for their completion; and a statement as to the provision for improvement maintenance.  The statements required in this subsection shall include certificates from the appropriate governmental authorities certifying that the applicant has complied with all local health and planning and state and local subdivision requirements;

          (6) A statement, in a form acceptable to the director, of the condition of the title to the development including easements of record, encumbrances, liens of record, blanket encumbrances, and the existence of partial release clauses, if any, as of a specified date within twenty days of the date of application, by title opinion of a title insurance company or licensed attorney, not a salaried employee, officer, or director of the applicant or owner, or by other evidence of title acceptable to the agency;

          (7) Copies of the instruments which will be delivered to a purchaser to evidence his interest in the development and of the contracts and other agreements which a purchaser will be required to agree to or sign;

          (8) A statement, where the development is encumbered by a blanket encumbrance which does not contain an unconditional release clause, as to which alternative condition provided for in RCW 58.19.180 the developer shall adopt;

          (9) Copies of instruments creating easements, restrictions, or other encumbrances affecting the development;

          (10) A statement of the zoning and other governmental regulations affecting the use of the development and also of any existing or proposed special taxes or assessments which affect the development;

          (11) A narrative description of the promotional plan for the disposition of the development, together with copies of all advertising material which has been prepared for public distribution by any means of communication;

          (12) A statement of any hazard on or around the development;

          (13) The proposed public offering statement;

          (14) Any other information, including any current financial statement, which the director by its rules and regulations requires for the protection of purchasers.