AN ACT Relating to right of way donations; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 35.44 RCW; adding a new section to chapter 36.32 RCW; adding a new section to chapter 36.88 RCW; and creating a new chapter in Title 47 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that in numerous areas throughout the state, rapid expansion of residential, commercial, industrial, and business activities is producing increased traffic levels. The legislature further finds that many property owners have exhibited a willingness to donate real property or property rights for transportation improvements to accommodate such increases in traffic. The legislature recognizes that the cost of right of way acquisition is often a significant, and even a prohibitive cost element in many transportation improvement projects.

The legislature seeks to encourage the voluntary donation of right of way to the state, counties, cities, and towns for transportation improvements recognizing that such donations can result in direct benefits to property owners, developers, and the community at large.

It is the intent of the legislature to further facilitate the department of transportation's authority under RCW 47.12.010, 47.24.030, and 47.52.050 to accept donations of right of way for state transportation purposes. The legislature further intends to facilitate the authority of a city, town, or county to accept donations of right of way for other transportation purposes.

The legislature therefore declares it to be in the best interest and welfare of the citizens of Washington for the state department of transportation, and for counties, cities, and towns to actively foster and encourage donations of right of way by willing donors in all areas where transportation improvements are to be made. In addition, and in lieu of monetary compensation for property needed for right of way purposes, the legislature seeks to provide incentives to potential donors such as are set forth in sections 3 and 4 of this act.

NEW SECTION. Sec. 2. The definitions set forth in this section apply throughout this chapter.

(1) "Right of way" means the area of land designated for transportation purposes.

(2) "Airspace" means the space above and below the gradeline of all highways, roads, and streets, and the area alongside the traveled way and within approved right of way lines.

NEW SECTION. Sec. 3. The governing body of a transportation benefit district may give credit for all or any portion of any real property donation against an assessment, charge, or other required financial contribution for transportation improvements within a transportation benefit district established under sections 2 or 3, chapter ___ (SB ___, S-204/87), Laws of 1987. The credit granted shall be available against any assessment, charge or other required financial contribution for any transportation purpose which utilizes the donated property.

NEW SECTION. Sec. 4. The department or the county, city, or town to which the right of way is donated shall, upon request, grant the donor an airspace lease or a permit for the purpose of erecting or maintaining, or both, one or more signs advertising a business of the donor that is conducted on premises adjacent to the donated parcel unless the sign or signs would be detrimental to the safety and operation of the highway, road, or street. This provision applies to all highways, roads, and streets other than limited access highways and streets, where it applies only until the donated parcel becomes part of a completed operating facility. Except as provided in this section, any such sign shall conform to the requirements of all other applicable federal, state, and local laws and ordinances. The lease agreement or permit shall take into consideration applicable county and city zoning ordinances and may provide for compensation for removal of the sign in accordance with applicable federal, state, and local laws and ordinances. The lease agreement or permit shall specify the conditions for signage.

NEW SECTION. Sec. 5. The department shall:

(1) Give priority to the refinement and modification of right of way procedures and policies dealing with donation;

(2) Reduce or simplify paperwork requirements resulting from right of way procurement;

(3) Increase communication and education efforts as a means to solicit and encourage voluntary right of way donations;

(4) Enhance communication and coordination with local governments through agreements of understanding that address state acceptance of right of way donations secured under zoning, use permits, subdivision, and associated police power authority of local government;

(5) Report to the legislative transportation committee by January 31, 1988, on its efforts under this section.

NEW SECTION. Sec. 6. Nothing in this chapter may be construed to contravene the requirements of chapter 8.26 RCW.

NEW SECTION. Sec. 7. A new section is added to chapter 35.21 RCW output to read as follows:

Where the zoning and planning provisions of a city or town require landscaping, parking, or other improvements as a condition to granting permits for commercial or industrial developments, the city or town may credit donations of right of way in excess of that required for traffic improvement against such landscaping, parking, or other requirements.

NEW SECTION. Sec. 8. A new section is added to chapter 35A.21 RCW to read as follows:

NEW SECTION. Sec. 9. A new section is added to chapter 35.44 RCW to read as follows:

A city legislative authority may give credit for all or any portion of any property donation against an assessment, charge, or other required financial contribution for transportation improvements within a local improvement district. The credit granted is available against any assessment, charge, or other required financial contribution for any transportation purpose that uses the donated property.

NEW SECTION. Sec. 10. A new section is added to chapter 36.32 RCW to read as follows:

Where the zoning and planning provisions of a county require landscaping, parking, or other improvements as a condition to granting permits for commercial or industrial developments, the county may credit donations of right of way in excess of that required for traffic improvement against such landscaping, parking, or other requirements.

NEW SECTION. Sec. 11. A new section is added to chapter 36.88 RCW to read as follows:

The county legislative authority may give credit for all or any portion of any property donation against an assessment, charge, or other required financial contribution for transportation improvements within a county road improvement district. The credit granted is available against any assessment, charge, or other required financial contribution for any transportation purpose that uses the donated property.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 13. Sections 1 through 6 of this act shall constitute a new chapter in Title 47 RCW.