ESHB 1727 -
By Senator Kline
Beginning on page 11, line 7 of the amendment, after "(3)" strike
all material through page 12, line 2, and insert "Counties subject to
RCW 36.70A.215 and counties west of the crest of the Cascade mountains
with a population greater than four hundred thousand must:
(a) Consult in good faith with cities within each urban growth area
in the county about developing criteria and procedures that may improve
the process of modifying or designating new urban growth area or areas;
(b) Upon request of a city or cities, consult in good faith with
any city or cities within the county that abut an unincorporated urban
growth area or areas about adopting consistent development standards
with those of the city or cities located within or adjacent to the
urban growth areas;
(c) Adopt, or amend as necessary, development regulations for new
development in unincorporated territory, within an urban growth area,
where the unincorporated territory is entirely surrounded by
incorporated territory, bordered by unincorporated waters of the state,
and in a county with a population of less than one million.
Development regulations adopted or amended under the requirements of
this subsection must be consistent with the development regulations of
the adjacent city or cities that receive the primary traffic and
development impacts, and through which the unincorporated territory
receives its only vehicular access. Impact fees that are collected
under new development in an unincorporated territory as defined in this
subsection must be transferred to the surrounding city or cities;
(d) Adopt, or amend as necessary, development regulations for new
development in unincorporated territory, within an urban growth area,
where the unincorporated territory is entirely surrounded by a single
city and where the unincorporated territory is greater than one hundred
fifty acres. Development regulations adopted or amended under the
requirements of this subsection must be consistent with the affordable
housing goals of this chapter and the adopted comprehensive plan of the
county containing the unincorporated territory, and must promote a
diverse mix of housing. Upon annexation of an unincorporated area as
identified in this subsection that has an average density of eight
units per acre or more, any unencumbered and unspent impact fees under
chapter 82.02 RCW that are collected under new development in the
unincorporated area must be transferred to the surrounding city,
provided that the city has in place a capital facilities plan that
addresses the impacts of the development and uses the proceeds of those
fees to mitigate those impacts. The city is also entitled to a
retroactive claim against the county for reimbursement of unspent
impact fees paid to the county within the previous two years, provided
that the city has in place a capital facilities plan that addresses the
impacts of the development and uses the proceeds of those fees to
mitigate those impacts; and
(e) Submit a report to the appropriate committees of the house of
representatives and the senate by December 1, 2008, summarizing
findings and recommendations resulting from the consultations required
in (a) and (b) of this subsection. The reports required in this
subsection may be submitted by individual jurisdictions or jointly by
participating jurisdictions."