To follow up on a recent blog entry below, we have learned that Clark County filed a motion in federal court on January 9 seeking a clarification of the court’s December 28, 2011, order requiring the County to withhold all “permits and authorizations” for projects until Clark County can determine whether the projects comply with Ecology’s stringent stormwater standards. In this motion, the County is conceding that projects with preliminary plat approval, preliminary site plan review, or final engineering review will need to go through post decision review and comply with the new Ecology standards based on the court’s injunction. Projects that need only a certificate of occupancy or final plat approval are exempt from further review.
The County is also asking for a $2,791,220 bond from the plaintiffs to cover its review and filing fees for 440 projects, acknowledging that it will not be charging the applicants these fees. The County, however, is not assuming liability for the developer’s costs in revising plans and complying with the new standards. Stay tuned . . .