RCW 36.70A.638
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/wa/title-36/chapter-36-70a/36-70a-638·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any city choosing the alternative density requirements in RCW 36.70A.635
(4)may apply to the department for, and the department may certify, an extension of the implementation timelines established under RCW 36.70A.635 (11).
(2)An extension certified under this section may be applied only to specific areas where a city can demonstrate that water, sewer, stormwater, transportation infrastructure, including facilities and transit services, or fire protection services lack capacity to accommodate the density required in RCW 36.70A.635 , and the city has:
(a)Included one or more improvements, as needed, within its capital facilities plan to adequately increase capacity; or
(b)Identified which special district is responsible for providing the necessary infrastructure if the infrastructure is provided by a special purpose district.
(3)If an extension of the implementation timelines is requested due to lack of water supply from the city or the purveyors who serve water within the city, the department's evaluation of the extension must be based on the applicable water system plans in effect and approved by the department of health. Water system plan updates initiated after July 23, 2023, must include consideration of water supply requirements for middle housing types.
(4)An extension granted under this section remains in effect until the earliest of:
(a)The infrastructure is improved to accommodate the capacity;
(b)The city's deadline to complete its next periodic comprehensive plan update under RCW 36.70A.130 ; or
(c)The city's deadline to complete its implementation progress report to the department as required under RCW 36.70A.130 (9).
(5)A city that has received an extension under this section may reapply for any needed extension with its next periodic comprehensive plan update under RCW 36.70A.130 or its implementation progress report to the department under RCW 36.70A.130 (9). The application for an additional extension must include a list of infrastructure improvements necessary to meet the capacity required in RCW 36.70A.635 . Such additional extension must only be to address infrastructure deficiency that a city is not reasonably able to address within the first extension.
(6)The department may establish by rule any standards or procedures necessary to implement this section.
(7)The department must provide the legislature with a list of projects identified in a city's capital facilities plan that were the basis for the extension under this section, including planning level estimates. Additionally, the city must contact special purpose districts to identify additional projects associated with extensions under this section.
(8)A city granted an extension for a specific area must allow development as provided under RCW 36.70A.635 if the developer commits to providing the necessary water, sewer, or stormwater infrastructure.
(9)If an area zoned predominantly for residential use is currently served only by private wells, group B water systems or group A water systems with less than 50 connections, or a city or water providers within the city do not have an adequate water supply or available connections to serve the zoning increase required under RCW 36.70A.635 , the city may limit the areas subject to the requirements under RCW 36.70A.635 to match current water availability. Nothing in chapter 332, Laws of 2023 affects or modifies the responsibilities of cities to plan for or provide urban governmental services as defined in RCW 36.70A.030 or affordable housing as required by RCW 36.70A.070 .
(10)No city shall approve a building permit for housing under RCW 36.70A.635 without compliance with the adequate water supply requirements of RCW 19.27.097 .
(11)If an area zoned predominantly for residential use is currently served only by on-site sewage systems, development may be limited to two units per lot, until either the landowner or local government provides sewer service or demonstrates a sewer system will serve the development at the time of construction. Nothing in chapter 332, Laws of 2023 affects or modifies the responsibilities of cities to plan for or provide urban governmental services as defined in RCW 36.70A.030 .
[ 2023 c 332 s 7 .]
Notes:
Finding — 2023 c 332: See note following RCW 36.70A.635 .