BP BHEAD INT S [atlas:bill]

AN ACT Relating to unincorporated area councils; adding new sections to chapter 36.105 RCW; and repealing RCW 36.105.010, 36.105.020, 36.105.030, 36.105.040, 36.105.050, 36.105.060, 36.105.070, 36.105.080, 36.105.090, and 36.105.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Voters of the unincorporated areas of the state are authorized to establish unincorporated area councils as provided in this chapter.

It is the purpose of this chapter to provide voters of unincorporated areas with direct input on the zoning of their community by establishing a governmental mechanism to develop a proposed community zoning ordinance for a community that is consistent with the county's comprehensive plan and an ordinance adopted by the county legislative authority establishing a guide and framework for community zoning ordinances. In addition, it is the purpose of this chapter to have unincorporated area councils serve as forums for the discussion of local issues.

NEW SECTION. Sec. 2. Unincorporated area councils may be established only in the following counties or portions of counties:

(1) An unincorporated area in a county with a population of one million or more if the area is located within an urban growth area or interim urban growth area designated by the county under RCW 36.70A.110; and

(2) An unincorporated area in a county composed entirely of islands, whether or not the area is located within an urban growth area designated by the county under RCW 36.70A.110.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Community" means a portion of the unincorporated area for which an unincorporated area council has been established.

(2) "Community zoning ordinance" means the zoning ordinance that is developed and endorsed by an unincorporated area council, and approved and adopted by the county legislative authority as implementing and consistent with the county's comprehensive plan and the county ordinance adopted under section 8(1) of this act.

(3) "Unincorporated area council" means the governing body established under this chapter to develop and endorse a proposed community zoning ordinance for a community.

NEW SECTION. Sec. 4. A community for which an unincorporated area council is created in a county that is composed entirely of islands must have at least one thousand residents when the unincorporated area council is created or, where the community only includes an entire island, at least three hundred reside when the unincorporated area council is created. A community for which an unincorporated area council is created in a county with a population of one million or more must have at least five thousand residents when the unincorporated area council is created. Any portion of such a community that is annexed by a city or town, or is incorporated as a city or town, shall be removed from the community upon the effective date of the annexation or the official date of the incorporation.

NEW SECTION. Sec. 5. (1) The process to create an unincorporated area council shall be initiated by the filing of petitions with the county auditor of the county in which the community is located which: (a) Call for the creation of an unincorporated area council; (b) set forth proposed boundaries for the community; (c) indicate the number of members on the unincorporated area council, which shall be five, seven, nine, or eleven; and (d) contain signatures of voters residing within the community equal in number to at least ten percent of the voters residing in the community who voted at the last state general election. The county auditor shall determine if the petitions contain a sufficient number of valid signatures and certify to the county legislative authority the sufficiency of the petitions within fifteen days of when the petitions were filed.

(2) If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public hearing within the community on the creation of the proposed unincorporated area council no later than sixty days after the certification. Notice of the public hearing shall be published in a newspaper of general circulation in the community for at least once a week for two consecutive weeks, with the last date of publication no more than ten days prior to the date of the public hearing. At least ten days before the public hearing, additional notice shall be posted conspicuously in at least five places within the community in a manner designed to attract public attention.

(3) After receiving testimony on the creation of the proposed unincorporated area council, the county legislative authority must remove any area from the proposed community that may not be included within a community and may otherwise alter the boundaries of the proposed community, but such an alteration may not reduce the number of persons living within the community by more than ten percent or below the minimum number of residents who must reside within the community at the time of the creation of the unincorporated area council. If territory is added to the community, another public hearing on the proposal shall be held.

(4) The county legislative authority shall call a special election within the community to determine whether the proposed unincorporated area council shall be created, and to elect the initial unincorporated area councilmembers, at the next state general election occurring seventy-five or more days after the initial public hearing on the creation of the proposed unincorporated area council. The unincorporated area council shall be created if the ballot proposition authorizing the creation of the unincorporated area council is approved by a simple majority vote of the voters of the community voting on the proposition.

NEW SECTION. Sec. 6. The initial members of an unincorporated area council shall be elected at the same election as the ballot proposition is submitted authorizing the creation of the unincorporated area council. However, the election of the initial councilmembers shall be null and void if the ballot proposition authorizing the creation of the unincorporated area council is not approved by a simple majority vote of the voters of the community voting on the proposition.

No primary election shall be held to nominate candidates for initial council positions. Candidates shall run for specific council positions. The person receiving the greatest number of votes for each council position shall be elected as an initial councilmember. Staggering of terms of office shall be accomplished by having the simple majority of the persons who are elected receiving the greatest number of votes being elected to four-year terms of office, and the remaining persons who are elected being elected to two-year terms of office, if the election was held in the same year as the year in which members of the county legislative authority normally are elected, or the simple majority of the persons who are elected receiving the greatest number of votes being elected to three-year terms of office, and the remaining persons who are elected being elected to one-year terms of office, if the election was held in a year in which members of the county legislative authority normally are not elected, with the terms of office being computed from the first day of January in the year following the election. Initial councilmembers shall take office immediately when qualified in accordance with RCW 29.01.135.

NEW SECTION. Sec. 7. Unincorporated area councilmembers shall be elected to staggered four-year terms of office until their successors are elected and qualified. Each council position shall be numbered separately. Candidates shall run for specific council positions. The number of council positions shall be five, seven, nine, or eleven, as specified in the petition calling for the creation of the unincorporated area council. At every other general election when councilmembers are elected, the number of councilmembers who are normally elected shall vary by one.

Except as provided in this chapter, unincorporated area councilmembers shall be nominated and elected at nonpartisan elections pursuant to general election laws. The county shall pay for the costs of all elections associated with unincorporated area councils and the election of councilmembers.

The terms of office of each councilmember shall be reduced by one year if the voters of the county approve a county charter or an amendment to a county charter altering the year in which members of the county legislative authority normally are elected.

The provisions of this section apply to the election and terms of office of the initial unincorporated area councilmembers, except as provided in section 6 of this act.

Vacancies on an unincorporated area council occur as provided in RCW 42.12.010 and shall be filled as provided in RCW 42.12.070.

NEW SECTION. Sec. 8. (1) A community zoning ordinance shall be developed and adopted as follows:

(a) Within one hundred twenty days after the election at which an initial unincorporated area council is elected, the county legislative authority shall adopt an ordinance establishing policies and conditions serving as an overall guide and framework for the development of proposed community zoning ordinances. The ordinance may include factors and provisions of general importance that must be included in a proposed community zoning ordinance for a particular community.

(b) An unincorporated area council shall develop and endorse a proposed community zoning ordinance to the county legislative authority for its review and approval or rejection that implements and is consistent with the general county ordinance adopted under (a) of this subsection and the county's comprehensive plan. Where applicable, the county's comprehensive plan includes, but is not limited to, designated lands and areas under RCW 36.70A.170, conserving lands and protecting areas under RCW 36.70A.060, retaining the urban nature of urban growth areas and interim urban growth areas designated under RCW 36.70A.110 and the nonurban nature of areas outside of designated urban growth areas and interim urban growth areas, and other actions taken by the county legislative authority under chapter 36.70A RCW. A proposed community zoning ordinance may not alter the county's shoreline master program.

The county legislative authority shall either approve the proposed community zoning ordinance and adopt the proposed community zoning ordinance as submitted, or refer the proposed community zoning ordinance back to the unincorporated area council with written findings specifying the inconsistencies, within ninety days after it is submitted. The county zoning ordinance shall remain in effect in the community until a proposed community zoning ordinance has been approved by the county legislative authority using this procedure.

An approved community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW. Such an appeal must be filed within sixty days after the publication by the county.

(c) An unincorporated area council may develop and endorse proposed amendments to an approved community zoning ordinance, that implement and are consistent with the general county ordinance adopted under (a) of this subsection and the county comprehensive plan, and submit the proposed amendments to the county legislative authority for its review and approval or rejection under the same procedure and conditions specified under (b) of this subsection for the review of a proposed community zoning ordinance. The approved community zoning ordinance shall remain in effect in the community until the proposed amendments have been approved and adopted by the county legislative authority using this procedure.

An approved amendment to a community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW. Such an appeal must be filed within sixty days after publication by the county.

(d) If the county legislative authority amends the county's comprehensive plan or the general county ordinance it adopted under (a) of this subsection, each unincorporated area council shall develop and endorse proposed amendments to its approved community zoning ordinance that are consistent with and implement the amended county comprehensive plan or amended county ordinance following the procedure specified under (c) of this subsection. The county legislative authority may directly amend a community zoning ordinance to achieve consistency with the amended county comprehensive plan or amended general county ordinance to be in effect until adequate proposed amendments to the community zoning ordinance that are developed and endorsed by the unincorporated area council have been approved and adopted by the county legislative authority. Nothing in this subsection (1)(d) precludes an unincorporated area council from subsequently obtaining approval of its proposed amendments to the community zoning ordinance that is so altered by the county legislative authority.

(2) The county legislative authority shall enforce a community zoning ordinance that it approves and adopts. An unincorporated area council shall not have authority to take quasi-judicial actions or to decide permit applications. All quasi-judicial actions and permits relating to a community zoning ordinance shall be made and decided by the county legislative authority or otherwise as provided by the county legislative authority.

The county shall provide administrative and staff support for each unincorporated area council within its boundaries and shall defend each unincorporated area council in any lawsuit over the actions taken by the unincorporated area council under this chapter.

NEW SECTION. Sec. 9. Unincorporated area councils shall not have the authority to take quasi-judicial actions nor to decide permit applications. Unincorporated area councils shall serve as forums for the discussion of local issues.

Among other general laws, unincorporated area councils are subject to chapter 42.30 RCW, the open public meetings act, and chapter 42.17 RCW, the public disclosure act.

NEW SECTION. Sec. 10. An unincorporated area council may provide for the annexation of adjacent unincorporated areas in the same county to the community that legally may be included within the community that are not included within another community for which an unincorporated area council has been established.

Annexations shall be initiated by either resolution of the unincorporated area council proposing the annexation or petition of voters residing in the adjacent area, which petition: (1) Requests the annexation; (2) sets forth the boundaries of the area proposed to be annexed; and (3) contains signatures of voters residing within the area that is proposed to be annexed equal in number to at least ten percent of the voters residing in that area who voted at the last state general election. Annexation petitions shall be filed with the county auditor who shall determine if the petitions contain a sufficient number of valid signatures, certify the sufficiency of the petitions, and notify the unincorporated area council of the sufficiency of the petitions within fifteen days of when the petitions are submitted.

A ballot proposition authorizing the annexation shall be submitted to the voters of the area that is proposed to be annexed at a primary or general election in either an odd-numbered or even-numbered year, if the unincorporated area council initiated the annexation by resolution or if the unincorporated area council concurs in an annexation that was initiated by the submission of annexation petitions containing sufficient valid signatures. The annexation shall occur if the ballot proposition authorizing the annexation is approved by a simple majority vote of the voters of the area proposed to be annexed voting on the proposition. The county's zoning ordinances shall continue in effect in the annexed area until proposed amendments to the approved community zoning ordinance have been approved and adopted by the county legislative authority that apply to the annexed area.

NEW SECTION. Sec. 11. An unincorporated area council that is located in a county composed entirely of islands with a population of thirty thousand or more shall be dissolved if the population of the community is reduced to less than five hundred persons, or less than two hundred persons if the community only included an entire island at the time of creation of the unincorporated area council. An unincorporated area council that is located in a county with a population of five hundred thousand or more shall be dissolved if the population of the community is reduced to less than two thousand five hundred persons.

The question of whether an unincorporated area council should be retained shall be submitted to the voters of a community at the next general election at which unincorporated area councilmembers would be elected that occur at least twelve years after the creation or latest affirmative vote to retain the unincorporated area council. The unincorporated area council shall be retained if the proposition to retain the unincorporated area council is approved by a simple majority vote of the voters of the community voting on the proposition. The election for council positions shall be held as if the ballot proposition on retaining the unincorporated area council were not submitted. If the unincorporated area council is retained, the persons who are newly elected members of the council and the other members of the council whose terms have not expired shall constitute the members of the unincorporated area council. If the unincorporated area council is not retained, the election of the new councilmembers is null and void, and the unincorporated area council shall be dissolved.

Whenever an unincorporated area council is dissolved, the approved community zoning ordinance remains in effect until altered by the county legislative authority.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) RCW 36.105.010 and 1991 c 363 s 99;

(2) RCW 36.105.020 and 1991 c 363 s 100;

(3) RCW 36.105.030 and 1991 c 363 s 101;

(4) RCW 36.105.040 and 1991 c 363 s 102;

(5) RCW 36.105.050 and 1991 c 363 s 103;

(6) RCW 36.105.060 and 1991 c 363 s 104;

(7) RCW 36.105.070 and 1991 c 363 s 105;

(8) RCW 36.105.080 and 1991 c 363 s 106;

(9) RCW 36.105.090 and 1991 c 363 s 107; and

(10) RCW 36.105.100 and 1991 c 363 s 108.

NEW SECTION. Sec. 13. Sections 1 through 11 of this act are each added to chapter 36.105 RCW.