HomeMy WebLinkAboutres1981-0371
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DATE: September 3, 1981 PROPOSED BY: Pla.nn inu C'orrimi ttee
INTRODUCED BY: Roehl
RESOLUTION NO. 81-37
A RESOLUTION TO EXTEND THE TIME
OF PRELIMINARY PLAT APPROVALS
RETROACTIVELY IN ORDER TO COMPLY
WITH HOUSE BILL 320
WHEREAS, RCW Section 58.17.140 contains the provisions
of state law regulating time limits on the approval of preliminary
plats and the expiration or extension of such approval; and,
WHEREAS, said section was amended by Substitute House
Bill 320 which was recently enacted by the State Legislature; and,
WHEREAS, the Whatcom County procedures for plat approvals
and extensions have now been superceded by this state law as
follows:
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. 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.
WHEREAS, the result of this amendment is to impose upon
all local governments a uniform plat approval time table consisting
of a three -year initial approval, plus a mandatory one -year
extension upon a showing that the applicant has made a good -faith
effort to complete the development of the plat within the initial
approval period; and,
IRESOLUTION - 1.
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WHEREAS, it is necessary to clarify the issue of how
to process plat extension applications which were filed prior to the
passage of Substitute House Bill 320 but which have not yet re-
ceived final county approval;
NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY
COUNCIL that in view of the clear policy of Substitute House Bill
320 to implement a state -wide uniform system of subdivision ad-
ministration, all applications for plat extension now on file with
the County shall be processed in a manner consistent with the
(legislative intent expressed in Substitute House Bill 320,to -wit:
1. Extension applications for which prior approval has
been granted for a total period of 24 .months or less shall be per-
mitted an extension equalling 36 months minus the total period of
approval previously received. Thirty days prior to the expiration
of the. full 36 -month period, the applicant will be entitled to
apply for one one -year extension in the manner provided by RCW
58.17.140, as amended.
2. Extension applications having received prior approval
for a total of between 25 and 36 months shall be granted upon a
showing of good -faith effort toward completion, one further ex-
tension for a period equal to .the difference between 36'months
and the total amount of prior approvals, plus one year.
3. A "good -faith effort" toward completion of the plat
within the initial approval period shall be found where the appli-
cant has diligently pursued the development of the plat and where
the subdivision, as developed, is in substantial compliance with
the terms and conditions stated in the original plat approval.
4. A pending application for extension submitted by an
applicant who has already been accorded three years or more in
total prior approvals shall be eligible for one additional one -year
extension upon the statutory showing of a good -faith effort toward
completion.
5. In calculating the total amount of prrior approvals
RESOLUTION - 2.
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received by any one applicant, any amount of time occurring between
the lapse of one approval period and the date of effective County
action certifying the commencement of a subsequent approval period
shall not be included in the computation.
6. with respect to any application for plat approval
extension, the conditions of approval which were imposed by the
original plat approval may only be revised or modified pursuant
to the extension process in a manner which does not reduce or
impair the developmental rights granted at the time of original
approval and which is consistent therewith.' Any modification
of the conditions of the original approval shall consist of "fine
tuning" only, and shall not entail a major restructuring of -the
preliminary plat.)
7. Requests for plat extensions shall be handled ad-
ministratively and filed with the County department authorized to
handle such matters. No public hearings shall be conducted by the
County Council unless there is an administrative recommendation to
deny the extension and /or there is a disagreement between the
County department administering the extension request and the
applicant in regard to revisions to the conditions of approval.
PASSED this 17th day. of September , 1981.
TTEST: Joan Ogden,
ounty Auditor & Ex- Officio,
lerk of the Council
1
Y:_
Deputy
PPROVED AS TO FPRt1:
A
RUCE L..DISEND,
ivil Deputy Prosecuting Attorney
RESOLUTION - 3.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
UcL�.
SHIRLEY VAN ZANTEN,
Chairperson