AN ACT Relating to clarifying and extending
dates established under the growth management act by no more than two years;
amending RCW 36.70A.040, 36.70A.110, 36.70A.120, 36.70A.210, and 82.02.050;
adding a new section to chapter 36.70A RCW; providing an effective date; and
declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 36.70A.040 and 1990 1st ex.s. c 17 s 4 are each amended to read as follows:
(1) Each county that has both a population of
fifty thousand or more and has had its population increase by more than ten
percent in the previous ten years, and the cities located within such county,
and any other county regardless of its population that has had its population
increase by more than twenty percent in the previous ten years, and the cities
located within such county, shall ((adopt comprehensive land use plans and
development regulations under)) conform with all of the requirements of
this chapter. However, the county legislative authority of such a county with
a population of less than fifty thousand population may adopt a resolution
removing the county, and the cities located within the county, from the
requirements of adopting comprehensive land use plans and development
regulations under this chapter if this resolution is adopted and filed with the
department by December 31, 1990, for counties initially meeting this set of
criteria, or within sixty days of the date the office of financial management
certifies that a county meets this set of criteria under subsection (5) of this
section.
Once a county meets either of these sets of
criteria, the requirement to conform with ((RCW 36.70A.040 through
36.70A.160)) all of the requirements of this chapter remains in
effect, even if the county no longer meets one of these sets of
criteria.
(2) The county legislative authority of any
county that does not meet ((the requirements of)) either of the sets
of criteria established under subsection (1) of this section may adopt a
resolution indicating its intention to have subsection (1) of this section
apply to the county. Each city, located in a county that chooses to plan under
this subsection, shall ((adopt a comprehensive land use plan in accordance
with)) conform with all of the requirements of this chapter. Once
such a resolution has been adopted, the county ((cannot remove itself from))
and the cities located within the county remain subject to all of the
requirements of this chapter.
(3) Any county or city that is initially
required to ((adopt a comprehensive land use plan)) conform with all
of the requirements of this chapter under subsection (1) of this section
shall take actions under this chapter as follows: (a) The county
legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210;
(b) the county and each city located within the county shall designate critical
areas, agricultural lands, forest lands, and mineral resource lands, and adopt
development regulations conserving these designated agricultural lands, forest
lands, and mineral resource lands and protecting these designated critical
areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and
take other actions related to urban growth areas under RCW 36.70A.110; (d) if
the county has a population of fifty thousand or more, the county and each city
located within the county shall adopt ((the)) a comprehensive
plan under this chapter and development regulations that are consistent with
and implement the comprehensive plan on or before July 1, ((1993)) 1994,
and if the county has a population of less than fifty thousand, the county and
each city located within the county shall adopt a comprehensive plan under this
chapter and development regulations that are consistent with and implement the
comprehensive plan by January 1, 1995, but if the governor makes written
findings that a county with a population of less than fifty thousand or a city
located within such a county is not making reasonable progress toward adopting
a comprehensive plan and development regulations the governor may reduce this
deadline for such actions to be taken by no more than one hundred eighty days.
Any county or city subject to this subsection may obtain an additional six
months before it is required to have adopted its development regulations by
submitting a letter notifying the department of community development of its
need prior to the deadline for adopting both a comprehensive plan and
development regulations.
(4) Any county or city that is required
to ((adopt a comprehensive land use plan)) conform with all the
requirements of this chapter, as a result of the county legislative authority
adopting its resolution of intention under subsection (2) of this section,
shall take actions under this chapter as follows: (a) The county legislative
authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b)
the county and each city that is located within the county shall adopt
development regulations conserving agricultural lands, forest lands, and
mineral resource lands it designated under RCW 36.70A.060 within one year of
the date the county legislative authority adopts its resolution of intention;
(c) the county shall designate and take other actions related to urban growth
areas under RCW 36.70A.110; and (d) the county and each city that is located
within the county shall adopt ((the)) a comprehensive plan and
development regulations that are consistent with and implement the
comprehensive plan not later than ((three)) four years from
the date the county legislative ((body takes action as required by
subsection (2) of this section)) authority adopts its resolution of
intention, but a county or city may obtain an additional six months before it
is required to have adopted its development regulations by submitting a letter
notifying the department of community development of its need prior to the
deadline for adopting both a comprehensive plan and development regulations.
(((4))) (5) If the office of
financial management certifies that the population of a county that previously
had not been required to plan under subsection (1) or (2) of this section
has changed sufficiently to meet either of the ((requirements of))
sets of criteria specified under subsection (1) of this section, and where
applicable, the county legislative authority has not adopted a resolution
removing the county from these requirements as provided in subsection (1) of
this section, the county and each city within such county shall ((adopt))
take actions under this chapter as follows: (a) The county legislative
authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b)
the county and each city located within the county shall adopt development
regulations under RCW 36.70A.060 conserving agricultural lands, forest
lands, and mineral resource lands it designated within one year of the
certification by the office of financial management; (((b))) (c) the
county shall designate and take other actions related to urban growth areas
under RCW 36.70A.110; and (d) the county and each city located within the
county shall adopt a comprehensive land use plan ((under this chapter))
and development regulations that are consistent with and implement the
comprehensive plan within ((three)) four years of the
certification by the office of financial management((; and (c) development
regulations pursuant to this chapter within one year of having adopted its
comprehensive land use plan)), but a county or city may obtain an
additional six months before it is required to have adopted its development
regulations by submitting a letter notifying the department of community
development of its need prior to the deadline for adopting both a comprehensive
plan and development regulations.
(6) A copy of each document that is required
under this section shall be submitted to the department at the time of its
adoption.
Sec. 2.
RCW 36.70A.110 and 1991 sp.s. c 32 s 29 are each amended to read as follows:
(1) Each county that is required or chooses to
((adopt a comprehensive land use)) plan under RCW 36.70A.040 shall
designate an urban growth area or areas within which urban growth shall be
encouraged and outside of which growth can occur only if it is not urban in
nature. Each city that is located in such a county shall be included within an
urban growth area. An urban growth area may include more than a single city.
An urban growth area may include territory that is located outside of a city
only if such territory already is characterized by urban growth or is adjacent
to territory already characterized by urban growth.
(2) Based upon the population growth management
planning population projection made for the county by the office of financial
management, the urban growth areas in the county shall include areas and
densities sufficient to permit the urban growth that is projected to occur in
the county for the succeeding twenty-year period. Each urban growth area shall
permit urban densities and shall include greenbelt and open space areas.
Within one year of July 1, 1990, each county ((required to designate urban
growth areas)) that as of June 1, 1991, was required or chose to plan
under RCW 36.70A.040, shall begin consulting with each city located within
its boundaries and each city shall propose the location of an urban growth
area. Within sixty days of the date the county legislative authority of a
county adopts its resolution of intention or of certification by the office of
financial management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall begin this consultation with each city located
within its boundaries. The county shall attempt to reach agreement with
each city on the location of an urban growth area within which the city is
located. If such an agreement is not reached with each city located within the
urban growth area, the county shall justify in writing why it so designated the
area an urban growth area. A city may object formally with the department over
the designation of the urban growth area within which it is located. Where
appropriate, the department shall attempt to resolve the conflicts, including
the use of mediation services.
(3) Urban growth should be located first in
areas already characterized by urban growth that have existing public facility
and service capacities to serve such development, and second in areas already
characterized by urban growth that will be served by a combination of both
existing public facilities and services and any additional needed public
facilities and services that are provided by either public or private sources.
Further, it is appropriate that urban government services be provided by
cities, and urban government services should not be provided in rural areas.
(4) On or before October 1, 1993, each
county that was initially required to plan under RCW 36.70A.040(1) shall adopt
development regulations designating interim urban growth areas under this
chapter. Within three years and three months of the date the county
legislative authority of a county adopts its resolution of intention or of
certification by the office of financial management, all other counties that
are required or choose to plan under RCW 36.70A.040 shall adopt development
regulations designating interim urban growth areas under this chapter.
Adoption of the interim urban growth areas may only occur after public notice;
public hearing; and compliance with the state environmental policy act, chapter
43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate
growth planning hearings board under RCW 36.70A.280. Final urban growth areas
shall be adopted at the time of comprehensive plan adoption under this chapter.
(5) Each county shall include designations
of urban growth areas in its comprehensive plan.
Sec. 3. RCW
36.70A.120 and 1990 1st ex.s. c 17 s 12 are each amended to read as follows:
((Within one year of the adoption of its
comprehensive plan, each county and city that is required or chooses to plan
under RCW 36.70A.040 shall enact development regulations that are consistent
with and implement the comprehensive plan. These counties and cities)) Each
county and city that is required or chooses to plan under RCW 36.70A.040
shall perform ((their)) its activities and make capital budget
decisions in conformity with ((their)) its comprehensive plan((s)).
Sec. 4.
RCW 36.70A.210 and 1991 sp.s. c 32 s 2 are each amended to read as follows:
(1) The legislature recognizes that counties
are regional governments within their boundaries, and cities are primary
providers of urban governmental services within urban growth areas. For the
purposes of this section, a "county-wide planning policy" is a
written policy statement or statements used solely for establishing a
county-wide framework from which county and city comprehensive plans are
developed and adopted pursuant to this chapter. This framework shall ensure
that city and county comprehensive plans are consistent as required in RCW
36.70A.100. Nothing in this section shall be construed to alter the land-use
powers of cities.
(2) The legislative authority of a county that
plans under RCW 36.70A.040 shall adopt a county-wide planning policy in
cooperation with the cities located in whole or in part within the county as
follows:
(a) No later than sixty calendar days from July
16, 1991, the legislative authority of ((the)) each county that
as of June 1, 1991, was required or chose to plan under RCW 36.70A.040
shall convene a meeting with representatives of each city located within the
county for the purpose of establishing a collaborative process that will
provide a framework for the adoption of a county-wide planning policy((;)).
In other counties that are required or choose to plan under RCW 36.70A.040,
this meeting shall be convened no later than sixty days after the date the
county adopts its resolution of intention or was certified by the office of
financial management.
(b) The process and framework for adoption of a
county-wide planning policy specified in (a) of this subsection shall determine
the manner in which the county and the cities agree to all procedures and
provisions including but not limited to desired planning policies, deadlines,
ratification of final agreements and demonstration thereof, and financing, if
any, of all activities associated therewith((;)).
(c) If a county fails for any reason to convene
a meeting with representatives of cities as required in (a) of this subsection,
the governor may immediately impose any appropriate sanction or sanctions on
the county from those specified under RCW 36.70A.340((;)).
(d) If there is no agreement by October 1,
1991, in a county that was required or chose to plan under RCW 36.70A.040 as
of June 1, 1991, or if there is no agreement within one hundred twenty days of
the date the county adopted its resolution of intention or was certified by the
office of financial management in any other county that is required or chooses
to plan under RCW 36.70A.040, the governor shall first inquire of the
jurisdictions as to the reason or reasons for failure to reach an agreement.
If the governor deems it appropriate, the governor may immediately request the
assistance of the department of community development to mediate any disputes that
preclude agreement. If mediation is unsuccessful in resolving all disputes
that will lead to agreement, the governor may impose appropriate sanctions from
those specified under RCW 36.70A.340 on the county, city, or cities for failure
to reach an agreement as provided in this section. The governor shall specify
the reason or reasons for the imposition of any sanction((; and)).
(e) No later than July 1, 1992, the legislative
authority of ((the)) each county that was required or chose to
plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months
after the date the county adopted its resolution of intention or was certified
by the office of financial management the county legislative authority of any
other county that is required or chooses to plan under RCW 36.70A.040,
shall adopt a county-wide planning policy according to the process provided
under this section and that is consistent with the agreement pursuant to (b) of
this subsection, and after holding a public hearing or hearings on the proposed
county-wide planning policy.
(3) A county-wide planning policy shall at a
minimum, address the following:
(a) Policies to implement RCW 36.70A.110;
(b) Policies for promotion of contiguous and
orderly development and provision of urban services to such development;
(c) Policies for siting public capital
facilities of a county-wide or state-wide nature;
(d) Policies for county-wide transportation
facilities and strategies;
(e) Policies that consider the need for
affordable housing, such as housing for all economic segments of the population
and parameters for its distribution;
(f) Policies for joint county and city planning
within urban growth areas;
(g) Policies for county-wide economic
development and employment; and
(h) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may
participate in and cooperate with the county-wide planning policy adoption
process. Adopted county-wide planning policies shall be adhered to by state
agencies.
(5) Failure to adopt a county-wide planning
policy that meets the requirements of this section may result in the imposition
of a sanction or sanctions on a county or city within the county, as specified
in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify
the reasons for failure to adopt a county-wide planning policy in order that
any imposed sanction or sanctions are fairly and equitably related to the
failure to adopt a county-wide planning policy.
(6) Cities and the governor may appeal an
adopted county-wide planning policy to the growth planning hearings board
within sixty days of the adoption of the county-wide planning policy.
(7) Multicounty planning policies shall be
adopted by two or more counties, each with a population of four hundred fifty
thousand or more, with contiguous urban areas and may be adopted by other
counties, according to the process established under this section or other
processes agreed to among the counties and cities within the affected counties
throughout the multicounty region.
NEW SECTION. Sec. 5. A
new section is added to chapter 36.70A RCW to read as follows:
The governor may impose a sanction or sanctions
specified under RCW 36.70A.340 on: (1) A county or city that fails to
designate critical areas, agricultural lands, forest lands, or mineral
resource lands under RCW 36.70A.170 by the date such action was required to
have been taken; (2) a county or city that fails to adopt development
regulations under RCW 36.70A.060 protecting critical areas or conserving
agricultural lands, forest lands, or mineral resource lands by the date such
action was required to have been taken; (3) a county that fails to designate
urban growth areas under RCW 36.70A.110 by the date such action was required to
have been taken; and (4) a county or city that fails to adopt its comprehensive
plan or development regulations when such actions are required to be taken.
Imposition of a sanction or sanctions under
this section shall be preceded by written findings by the governor, that either
the county or city is not proceeding in good faith to meet the requirements of
the act; or that the county or city has unreasonably delayed taking the
required action. The governor shall consult with and communicate his or her
findings to the appropriate growth planning hearings board prior to imposing
the sanction or sanctions. For those counties or cities that are not required
to plan or have not opted in, the governor in imposing sanctions shall consider
the size of the jurisdiction relative to the requirements of this chapter and
the degree of technical and financial assistance provided.
Sec. 6.
RCW 82.02.050 and 1990 1st ex.s. c 17 s 43 are each amended to read as follows:
(1) It is the intent of the legislature:
(a) To ensure that adequate facilities are
available to serve new growth and development;
(b) To promote orderly growth and development
by establishing standards by which counties, cities, and towns may require, by
ordinance, that new growth and development pay a proportionate share of the
cost of new facilities needed to serve new growth and development; and
(c) To ensure that impact fees are imposed
through established procedures and criteria so that specific developments do
not pay arbitrary fees or duplicative fees for the same impact.
(2) Counties, cities, and towns that are
required or choose to plan under RCW 36.70A.040 are authorized to impose impact
fees on development activity as part of the financing for public facilities,
provided that the financing for system improvements to serve new development
must provide for a balance between impact fees and other sources of public
funds and cannot rely solely on impact fees.
(3) The impact fees:
(a) Shall only be imposed for system
improvements that are reasonably related to the new development;
(b) Shall not exceed a proportionate share of
the costs of system improvements that are reasonably related to the new
development; and
(c) Shall be used for system improvements that
will reasonably benefit the new development.
(4) Impact fees may be collected and spent only
for the public facilities defined in RCW 82.02.090 which are addressed by a
capital facilities plan element of a comprehensive land use plan adopted
pursuant to the provisions of RCW 36.70A.070 or the provisions for
comprehensive plan adoption contained in chapter 36.70, 35.63, or 35A.63 RCW. After
((July 1, 1993)) the date a county, city, or town is required to
adopt its comprehensive plan and development regulations under chapter 36.70A
RCW, continued authorization to collect and expend impact fees shall be
contingent on the county, city, or town adopting or revising a comprehensive
plan in compliance with RCW 36.70A.070, and on the capital facilities plan
identifying:
(a) Deficiencies in public facilities serving
existing development and the means by which existing deficiencies will be eliminated
within a reasonable period of time;
(b) Additional demands placed on existing
public facilities by new development; and
(c) Additional public facility improvements
required to serve new development.
If the capital facilities plan of the county, city,
or town is complete other than for the inclusion of those elements which are
the responsibility of a special district, the county, city, or town may impose
impact fees to address those public facility needs for which the county, city,
or town is responsible.
NEW SECTION. Sec. 7.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect June 1, 1993.
