BILL REQ. #:  S-0216.1 

Read first time 01/17/2007.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to the time at which rights vest in land use permit applications; amending RCW 19.27.095, 58.17.033, and 58.17.170; and adding a new section to chapter 36.70B RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70B RCW to read as follows:
     (1) A valid and fully complete project permit application for a use or structure that is allowed under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the construction, zoning, and other land use control ordinances in effect upon the date of the final local government decision on the application.
     (2) The requirements for a fully completed application shall be defined by local ordinance and 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;
     (b) The property owner's name, address, and telephone number;
     (c) The business name, address, telephone number of any contractors, and current state contractor registration number;
     (d) The business name, address, and telephone number of the project permit applicants;
     (e) Scaled drawings of the site of the proposed project permit;
     (f) Scaled and dimensioned drawings of existing and proposed structures on the site of the proposed project permit;
     (g) A fully completed environmental checklist, except for project permit applications that either are exempt from the state environmental policy act or for which an environmental checklist under chapter 197-11 WAC is not required; and
     (h) Any additional studies, reports, plans, drawings, and calculations necessary for project review under development regulations, including but not limited to critical areas, shoreline, flood plain, drainage, steep slope, soils, traffic, and public service and utility rules and regulations.

Sec. 2   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 upon the date of final local government decision on the ((date of)) application.
     (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)) telephone number;
     (c) The prime contractor's business name, address, ((phone)) telephone number, current state contractor registration number; and
     (d) Either:
     (i) The name, address, and ((phone)) telephone 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. 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 of final local government decision upon a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, that has been submitted to the appropriate county, city, or town official.
     (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, nor shall this section govern the zoning or other land use regulations under which any other project permit application, as defined in RCW 36.70B.020, shall be considered.

Sec. 4   RCW 58.17.170 and 1981 c 293 s 10 are each amended to read as follows:
     When the legislative body of the city, town or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said 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 preliminary plat approval, it 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 with the county auditor. 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 or short 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.