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SUBSTITUTE
SENATE BILL 5532
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Passed
Legislature - 1998 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Requiring
mediation before appeal of land-use decisions involving conditional use
permits.
AN
ACT Relating to mediation in land-use decisions involving conditional or
special use permits; adding a new section to chapter 35.63 RCW; adding a new
section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW;
adding a new section to chapter 35.22 RCW; and adding a new section to chapter
36.32 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 35.63 RCW to read as follows:
(1)
Prior to filing an appeal of a final decision by a hearing examiner involving a
conditional or special use permit application requested by a party that is
licensed or certified by the department of social and health services or the
department of corrections, the aggrieved party must, within five days after the
final decision, initiate formal mediation procedures in an attempt to resolve
the parties' differences. If, after initial evaluation of the dispute, the
parties agree to proceed with a mediation, the mediation shall be conducted by
a trained mediator selected by agreement of the parties. The agreement to
mediate shall be in writing and subject to RCW 5.60.070. If the parties are unable
to agree on a mediator, each party shall nominate a mediator and the mediator
shall be selected by lot from among the nominees. The mediator must be
selected within five days after formal mediation procedures are initiated. The
mediation process must be completed within fourteen days from the time the
mediator is selected except that the mediation process may extend beyond
fourteen days by agreement of the parties. The mediator shall, within the
fourteen-day period or within the extension if an extension is agreed to,
provide the parties with a written summary of the issues and any agreements
reached. If the parties agree, the mediation report shall be made available to
the governing jurisdiction. The cost of the mediation shall be shared by the parties.
(2)
Any time limits for filing of appeals are tolled during the pendency of the
mediation process.
(3)
As used in this section, "party" does not include county, city, or
town.
NEW
SECTION. Sec. 2. A
new section is added to chapter 35A.63 RCW to read as follows:
A
final decision by a hearing examiner involving a conditional or special use
permit application under this chapter that is requested by a party that is
licensed or certified by the department of social and health services or the
department of corrections is subject to mediation under section 1 of this act
before an appeal may be filed.
NEW
SECTION. Sec. 3. A
new section is added to chapter 36.70 RCW to read as follows:
A
final decision by a hearing examiner involving a conditional or special use
permit application under this chapter that is requested by a party that is
licensed or certified by the department of social and health services or the
department of corrections is subject to mediation under section 1 of this act
before an appeal may be filed.
NEW
SECTION. Sec. 4. A
new section is added to chapter 35.22 RCW to read as follows:
A
final decision by a hearing examiner involving a conditional or special use
permit application under a home-rule charter that is requested by a party that
is licensed or certified by the department of social and health services or the
department of corrections is subject to mediation under section 1 of this act
before an appeal may be filed.
NEW
SECTION. Sec. 5. A
new section is added to chapter 36.32 RCW to read as follows:
A final decision by a hearing examiner involving a conditional or
special use permit application under a home-rule charter that is requested by a
party that is licensed or certified by the department of social and health
services or the department of corrections is subject to mediation under section
1 of this act before an appeal may be filed.
