BILL REQ. #:  H-1228.1 

Read first time 02/12/13.   Referred to Committee on Local Government.

     AN ACT Relating to school siting; and adding a new section to chapter 36.70A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Counties that are required or choose to plan under RCW 36.70A.040 shall permit schools outside of urban growth areas when the following criteria are met:
     (a) The school is needed to meet student capacity needs in an identified service area which serves students residing in whole or in part outside of an urban growth area, as demonstrated by a capital facilities plan adopted by a locally elected school board of directors;
     (b) An inventory of developable land has been conducted and findings have been made that vacant land suitable to site the school is unavailable within the urban growth boundary and relevant service area, taking into consideration school service area needs, locally adopted educational program requirements, and, to the extent there is vacant land available within the urban growth boundary, the current zoning and the financial feasibility of using public dollars to secure such land;
     (c) New infrastructure is provided for and impact fees, if applicable, are established consistent with the requirements of RCW 82.02.050;
     (d) Transit-oriented site planning and traffic demand management programs are implemented;
     (e) Buffers are provided between the school development and adjacent nonurban uses;
     (f) Environmental protection has been addressed and provided for;
     (g) Development regulations are established to ensure urban growth will not occur in adjacent nonurban areas;
     (h) Provision is made to mitigate impacts on designated agricultural lands, forest lands, and mineral resource lands if the proposed site is located adjacent to such lands; and
     (i) The plan for the new school is consistent with the development regulations established for the protection of critical areas by the county pursuant to RCW 36.70A.170.
     (2) Counties subject to this section shall ensure that:
     (a) The comprehensive plan specifically identifies policies, consistent with this section, to guide the development of schools located outside of the urban growth boundary;
     (b) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban land uses in the vicinity of the new school, except in areas otherwise designated for urban growth under RCW 36.70A.110;
     (c) The county ensures that the school development plan is consistent with the development regulations established for critical areas; and
     (d) On-site and off-site infrastructure and service impacts are fully considered and mitigated.