BILL REQ. #: S-1121.1
State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/02/2005. Referred to Committee on Government Operations & Elections.
AN ACT Relating to urban governmental services in rural areas; and amending RCW 36.70A.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.110 and 2004 c 206 s 1 are each amended to read
as follows:
(1) Each county that is required or chooses to 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 whether or not the
urban growth area includes a city, or is adjacent to territory already
characterized by urban growth, or is a designated new fully contained
community as defined by RCW 36.70A.350.
(2) Based upon the growth management population projection made for
the county by the office of financial management, the county and each
city within the county shall include areas and densities sufficient to
permit the urban growth that is projected to occur in the county or
city for the succeeding twenty-year period, except for those urban
growth areas contained totally within a national historical reserve.
Each urban growth area shall permit urban densities and shall
include greenbelt and open space areas. In the case of urban growth
areas contained totally within a national historical reserve, the city
may restrict densities, intensities, and forms of urban growth as
determined to be necessary and appropriate to protect the physical,
cultural, or historic integrity of the reserve. An urban growth area
determination may include a reasonable land market supply factor and
shall permit a range of urban densities and uses. In determining this
market factor, cities and counties may consider local circumstances.
Cities and counties have discretion in their comprehensive plans to
make many choices about accommodating growth.
Within one year of July 1, 1990, each county 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 adequate existing public
facility and service capacities to serve such development, second in
areas already characterized by urban growth that will be served
adequately 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, and third in the
remaining portions of the urban growth areas. Urban growth may also be
located in designated new fully contained communities as defined by RCW
36.70A.350.
(4) In general, cities are the units of local government most
appropriate to provide urban governmental services. In general, it is
not appropriate that urban governmental services be extended to or
expanded in rural areas except in those limited circumstances shown to
be necessary to protect basic public health and safety and the
environment and when such services are financially supportable at rural
densities and do not permit urban development. A parcel in a rural
area may receive domestic water supply, storm, or sanitary sewer
service if it abuts a street that is located in or adjacent to the
urban growth area and that contains a domestic water supply, storm, or
sanitary sewer line, or if the parcel is within a mile of the urban
growth area and contains an existing church, school, or campground.
(5) 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 management
hearings board under RCW 36.70A.280. Final urban growth areas shall be
adopted at the time of comprehensive plan adoption under this chapter.
(6) Each county shall include designations of urban growth areas in
its comprehensive plan.
(7) An urban growth area designated in accordance with this section
may include within its boundaries urban service areas or potential
annexation areas designated for specific cities or towns within the
county.