HomeMy WebLinkAboutord2012-013 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-103
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
PDS 2/28/2012 Introduction
Originator:
Division Head: J Ll E C E Il VE D 3/13/2012 Council
Dept.Head: �iGj 21111112/1
FEB 21 2012
Prosecutor: RB 02/09/2012
Purchasing/Budget: WHATCOM COUNTY
COUNCIL
Executive:
TITLE OFDOC NT: Ordinance Repealing Ordinance #2010-67—One-time Economic Hardship
Extension.
ATTACHMENTS: Ordinance
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( X) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This is an Ordinance to repeal expired Ordinance 2010-67, which was invalidated by the Western Washington
Growth Management Hearings Board, in part, because the Board felt the Ordinance "purports to allow permit
extension requests to be filed for up to two years," until March 1, 2012, despite that the Ordinance has lapsed.
Page 20, WWMGHB Final Decision and Order, August 2, 2011. This proposed Ordinance formally repeals
2010-67, ensuring that no new requests will be accepted.
COMMITTEE ACTION: COUNCIL ACTION:
2/28/2012: Introduced
3/13/2012: Council Adopted 7-0
Ord. 2012-013
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
Ord. 2012-013
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
1 PROPOSED BY: CONSENT
2 SPONSORED BY: PDS
3 INTRODUCTION DATE: FEBRUARY 28, 2012
4
5
6 ORDINANCE NO. 2012-013
7
8 REPEALING ORDINANCE #2010-067 - ONE-TIME
9 ECONOMIC HARDSHIP EXTENSION
10
11 WHEREAS, Ordinance 2010-067 (one-time extensions for land use regulations due
12 to financial hardship) was intended to be temporary, and;
13
14 WHEREAS, the County Council allowed the ordinance to expire on June 19, 2011,
15 without any plans for renewal, and;
16
17 WHEREAS, clauses in the expired ordinance indicated that an applicant had to file
18 an extension request"no later than March 1, 2012," and;
19
20 WHEREAS, on August 2, 2011, the Western Washington Region of the Growth
21 Management Hearings Board prospectively invalidated the expired ordinance, in part,
22 because the Board interpreted the above-referenced clauses to allow extension requests
23 until March 1, 2012, despite the expiration of the ordinance; and,
24
25 WHEREAS, applications submitted after June 19, 2011, cannot legally be allowed
26 under the authority of expired Ordinance 2010-067, both because it has expired, and
27 because extension applications were not intended by the legislature to be accepted beyond
28 the date of the ordinance's expiration, June 19, 2011.
29
30 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
31 Ordinance 2010-067 is hereby repealed.
32
���►sriirrrrii
33 ``\AD Ett � th day of March , 2012.
34
35 o••�NHATC••? WHATCOM COUNTY COUNCIL
36 ATE �::o COUNTY WHATCOM COUNTY, WASHINGTON
38
39 1 . _
40 Damp Brow y a�vviascojintyperk Kathy Kershner, Council Chair
41 •
42 APP R'O,yED 1S tO2,F•1 1': (Approved ( ) Denied
43 i/ r r r ."- -
44
45 / ----
46 Ci; D •a ' osecutor ac L• ws, Co my Executive
47
48 Date: el` — 1��
49