AN ACT Relating to
protecting general aviation facilities from encroachment of incompatible land
uses; reenacting and amending RCW 36.70A.070; adding a new section to chapter
36.70 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter
35A.63 RCW; and adding a new section to chapter 36.70A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 36.70A.070 and 1995
c 400 s 3 and 1995 c 377 s 1 are each reenacted and amended to read as follows:
The comprehensive plan
of a county or city that is required or chooses to plan under RCW 36.70A.040
shall consist of a map or maps, and descriptive text covering objectives,
principles, and standards used to develop the comprehensive plan. The plan
shall be an internally consistent document and all elements shall be consistent
with the future land use map. A comprehensive plan shall be adopted and amended
with public participation as provided in RCW 36.70A.140.
Each comprehensive plan
shall include a plan, scheme, or design for each of the following:
(1) A land use element
designating the proposed general distribution and general location and extent
of the uses of land, where appropriate, for agriculture, timber production,
housing, commerce, industry, recreation, open spaces, general aviation
airports, public utilities, public facilities, and other land uses. The
land use element shall include population densities, building intensities, and
estimates of future population growth. The land use element shall provide for
protection of the quality and quantity of ground water used for public water
supplies. Where applicable, the land use element shall review drainage,
flooding, and storm water run-off in the area and nearby jurisdictions and
provide guidance for corrective actions to mitigate or cleanse those discharges
that pollute waters of the state, including Puget Sound or waters entering
Puget Sound.
(2) A housing element
ensuring the vitality and character of established residential neighborhoods
that: (a) Includes an inventory and analysis of existing and projected housing
needs; (b) includes a statement of goals, policies, objectives, and mandatory
provisions for the preservation, improvement, and development of housing,
including single-family residences; (c) identifies sufficient land for housing,
including, but not limited to, government-assisted housing, housing for
low-income families, manufactured housing, multifamily housing, and group homes
and foster care facilities; and (d) makes adequate provisions for existing and
projected needs of all economic segments of the community.
(3) A capital
facilities plan element consisting of: (a) An inventory of existing capital
facilities owned by public entities, showing the locations and capacities of
the capital facilities; (b) a forecast of the future needs for such capital
facilities; (c) the proposed locations and capacities of expanded or new capital
facilities; (d) at least a six-year plan that will finance such capital
facilities within projected funding capacities and clearly identifies sources
of public money for such purposes; and (e) a requirement to reassess the land
use element if probable funding falls short of meeting existing needs and to
ensure that the land use element, capital facilities plan element, and
financing plan within the capital facilities plan element are coordinated and
consistent.
(4) A utilities element
consisting of the general location, proposed location, and capacity of all
existing and proposed utilities, including, but not limited to, electrical
lines, telecommunication lines, and natural gas lines.
(5) Counties shall
include a rural element including lands that are not designated for urban
growth, agriculture, forest, or mineral resources. The rural element shall
permit appropriate land uses that are compatible with the rural character of
such lands and provide for a variety of rural densities and uses and may also
provide for clustering, density transfer, design guidelines, conservation
easements, and other innovative techniques that will accommodate appropriate
rural uses not characterized by urban growth.
(6) A transportation
element that implements, and is consistent with, the land use element. The
transportation element shall include the following subelements:
(a) Land use
assumptions used in estimating travel;
(b) Facilities and
services needs, including:
(i) An inventory of
air, water, and ((land)) ground transportation facilities and
services, including transit alignments and general aviation airport
facilities, to define existing capital facilities and travel levels as a
basis for future planning;
(ii) Level of service
standards for all arterials and transit routes to serve as a gauge to judge
performance of the system. These standards should be regionally coordinated;
(iii) Specific actions
and requirements for bringing into compliance any facilities or services that
are below an established level of service standard;
(iv) Forecasts of
traffic for at least ten years based on the adopted land use plan to provide
information on the location, timing, and capacity needs of future growth;
(v) Identification of
system expansion needs and transportation system management needs to meet
current and future demands;
(c) Finance, including:
(i) An analysis of
funding capability to judge needs against probable funding resources;
(ii) A multiyear
financing plan based on the needs identified in the comprehensive plan, the
appropriate parts of which shall serve as the basis for the six-year street,
road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121
for counties, and RCW 35.58.2795 for public transportation systems;
(iii) If probable funding
falls short of meeting identified needs, a discussion of how additional funding
will be raised, or how land use assumptions will be reassessed to ensure that
level of service standards will be met;
(d) Intergovernmental
coordination efforts, including an assessment of the impacts of the
transportation plan and land use assumptions on the transportation systems of
adjacent jurisdictions;
(e) Demand-management
strategies.
After adoption of the
comprehensive plan by jurisdictions required to plan or who choose to plan
under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances
which prohibit development approval if the development causes the level of
service on a transportation facility to decline below the standards adopted in
the transportation element of the comprehensive plan, unless transportation
improvements or strategies to accommodate the impacts of development are made
concurrent with the development. These strategies may include increased public
transportation service, ride sharing programs, demand management, and other
transportation systems management strategies. For the purposes of this
subsection (6) "concurrent with the development" shall mean that
improvements or strategies are in place at the time of development, or that a
financial commitment is in place to complete the improvements or strategies
within six years.
The transportation
element described in this subsection, and the six-year plans required by RCW
35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public
transportation systems, must be consistent.
NEW SECTION. Sec.
2. A new section is added
to chapter 36.70 RCW to read as follows:
Every county, city, and
town in which there is located a general aviation airport that is operated for
the benefit of the general public, whether publicly owned or privately owned
public use, shall, through its comprehensive plan and development regulations,
discourage the siting of incompatible uses adjacent to such general aviation
airport. Such plans and regulations may only be adopted or amended after
formal consultation with: Airport owners and managers, private airport
operators, general aviation pilots, ports, and the aviation division of the
department of transportation. All proposed and adopted plans and regulations
shall be filed with the aviation division of the department of transportation
within a reasonable time after release for public consideration and comment.
Each county, city, and town may obtain technical assistance from the aviation
division of the department of transportation to develop plans and regulations
consistent with this section.
Any additions or
amendments to comprehensive plans or development regulations required by this
section may be adopted during the normal course of land-use proceedings.
This section applies to
every county, city, and town, whether operating under chapter 35.63, 35A.63,
36.70, 36.70A RCW, or under a charter.
NEW SECTION. Sec.
3. A new section is added
to chapter 35.63 RCW to read as follows:
Adoption and amendment
of comprehensive plan provisions and development regulations under this chapter
affecting a general aviation airport are subject to section 2 of this act.
NEW SECTION. Sec.
4. A new section is added
to chapter 35A.63 RCW to read as follows:
Adoption and amendment
of comprehensive plan provisions and development regulations under this chapter
affecting a general aviation airport are subject to section 2 of this act.
NEW SECTION. Sec.
5. A new section is added
to chapter 36.70A RCW to read as follows:
Adoption
and amendment of comprehensive plan provisions and development regulations
under this chapter affecting a general aviation airport are subject to section
2 of this act.
