H-0440.2 _______________________________________________
HOUSE BILL 1761
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives H. Myers, Edmondson, Bray, Pruitt, Appelwick, R. Fisher, Wineberry, Peery, Wood, Eide, Cothern, Ogden, Jones, Ludwig, Riley, Ballard, Springer, Linville, Rayburn, Kessler, Brown, Long, Chandler, Foreman, Mastin, Johanson, Sehlin, L. Johnson, Morris, Karahalios, Lemmon, Hansen, Cooke and Forner
Read first time 02/08/93. Referred to Committee on Local Government.
AN ACT Relating to clarifying and extending dates established under the growth management act by no more than two years; amending RCW 36.70A.040, 36.70A.045, 36.70A.110, 36.70A.120, 36.70A.210, 36.70A.290, and 82.02.050; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.70A.040 and 1990 1st ex.s. c 17 s 4 are each amended to read as follows:
(1) Each county that has both a population of
fifty thousand or more and has had its population increase by more than ten
percent in the previous ten years, and the cities located within such county,
and any other county regardless of its population that has had its population
increase by more than twenty percent in the previous ten years, and the cities
located within such county, shall ((adopt comprehensive land use plans and
development regulations under)) conform with all of the requirements of
this chapter. However, the county legislative authority of such a county with
a population of less than fifty thousand population may adopt a resolution
removing the county, and the cities located within the county, from the
requirements of adopting comprehensive land use plans and development
regulations under this chapter if this resolution is adopted and filed with the
department by December 31, 1990, for counties initially meeting this set of
criteria, or within sixty days of the date the office of financial management
certifies that a county meets this set of criteria under subsection (5) of this
section.
Once a county meets either of these sets of
criteria, the requirement to conform with ((RCW 36.70A.040 through
36.70A.160)) all of the requirements of this chapter remains in
effect, even if the county no longer meets one of these sets of
criteria.
(2) The county legislative authority of any
county that does not meet ((the requirements of)) either of the sets
of criteria established under subsection (1) of this section may adopt a
resolution indicating its intention to have subsection (1) of this section
apply to the county. Each city, located in a county that chooses to plan under
this subsection, shall ((adopt a comprehensive land use plan in accordance
with)) conform with all of the requirements of this chapter. Once
such a resolution has been adopted, the county ((cannot remove itself from))
and the cities located within the county remain subject to all of the
requirements of this chapter.
(3) Any county or city that is initially
required to ((adopt a comprehensive land use plan)) conform with all
of the requirements of this chapter under subsection (1) of this section
shall take actions under this chapter as follows: (a) The county
legislative authority shall adopt a county-wide planning policy under RCW
36.70A.210; (b) the county legislative authority and governing body of each
city located within the county shall designate critical areas, agricultural
lands, forest lands, and mineral resource lands, and adopt development
regulations conserving these designated lands and protecting these designated
critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county legislative
authority shall designate and implement urban growth areas under RCW 36.70A.110;
(d) the county legislative authority and governing body of each city located
within the county shall adopt ((the)) a comprehensive plan under
this chapter on or before a date from July 1, 1993, through
December 31, 1994, as specified by the department under RCW 36.70A.045; and (e)
the county legislative authority and each city governing body shall adopt
development regulations that are consistent with and implement its
comprehensive plan as provided under RCW 36.70A.045.
(4) Any county or city that is required
to ((adopt a comprehensive land use plan)) conform with all the
requirements of this chapter, as a result of the county legislative authority
adopting its resolution of intention under subsection (2) of this section,
shall take actions under this chapter as follows: (a) The county
legislative authority shall adopt a county-wide planning policy under RCW
36.70A.210; (b) the county legislative authority and governing body of each
city that is located within the county shall adopt development regulations
conserving agricultural lands, forest lands, and mineral resource lands it
designated under RCW 36.70A.060 within one year of the date the county
legislative authority adopts its resolution of intention; (c) the county legislative
authority shall designate urban growth areas under RCW 36.70A.110; and (d) the
county legislative authority and governing body of each city that is located
within the county shall adopt ((the)) a comprehensive plan and
development regulations that are consistent with and implement its
comprehensive plan not later than ((three)) four and one-half
years from the date the county legislative ((body takes action as required
by subsection (2) of this section)) authority adopts its resolution of
intention.
(((4))) (5) If the office of
financial management certifies that the population of a county that
previously had not been required to plan under subsection (1) or (2) of this
section has changed sufficiently to meet either of the ((requirements
of)) sets of criteria specified under subsection (1) of this
section, and where applicable, the county legislative authority has not
adopted a resolution removing the county from these requirements as provided in
subsection (1) of this section, the county and each city within such county
shall ((adopt)) take actions under this chapter as follows: (a) The
county legislative authority shall adopt a county-wide planning policy under
RCW 36.70A.210; (b) the county legislative authority and each city governing
body shall adopt development regulations under RCW 36.70A.060 conserving
agricultural lands, forest lands, and mineral resource lands it designated
within one year of the certification by the office of financial management; (((b)))
(c) the county legislative authority shall designate urban growth areas
under RCW 36.70A.110; and (d) the county legislative authority and each city
governing body shall adopt a comprehensive land use plan ((under this
chapter)) and development regulations that are consistent with and
implement its comprehensive plan within ((three)) five years
of the certification by the office of financial management((; and (c)
development regulations pursuant to this chapter within one year of having
adopted its comprehensive land use plan)).
(6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.
Sec. 2. RCW 36.70A.045 and 1991 sp.s. c 32 s 15 are each amended to read as follows:
The department ((may)) shall
adopt a schedule ((to permit)) phasing ((of)) the dates from
July 1, 1993, through December 31, 1994, on or before which each county that is
initially required to plan under all the requirements of this chapter by RCW
36.70A.040(1), and each city located within the county, must adopt a
comprehensive plan ((submittal for counties and cities planning under RCW
36.70A.040. This schedule shall not permit a comprehensive plan to be
submitted greater than one hundred eighty days past the date that the plan was
required to be submitted and shall be used)) under this chapter, and
phasing dates from July 1, 1994, through December 31, 1994, on or before which
such a county and each city located within the county must adopt development
regulations that are consistent with and implement its comprehensive plan.
If the schedule requires a county or city to adopt its comprehensive plan on a date after July 1, 1994, then the development regulations shall be required to be adopted at the same date by which the comprehensive plan is required to be adopted. If a county or city is required to adopt its comprehensive plan on or before July 1, 1994, then the development regulations shall be required to be adopted by July 1, 1994.
To facilitate expeditious review and interjurisdictional coordination of comprehensive plans and development regulations, the date designated on or before which a county must adopt its comprehensive plan shall be the same date designated on or before which for each city located within the county must adopt its comprehensive plan. Where a city is located in more than one of such counties that have differing designated dates, the department shall designate which date applies to that city.
Sec. 3. RCW 36.70A.110 and 1991 sp.s. c 32 s 29 are each amended to read as follows:
(1) Each county that is required or chooses to
((adopt a comprehensive land use)) 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 or is adjacent
to territory already characterized by urban growth.
(2) Based upon the population growth management
planning population projection made for the county by the office of financial
management, the urban growth areas in the county shall include areas and
densities sufficient to permit the urban growth that is projected to occur in
the county for the succeeding twenty-year period. Each urban growth area shall
permit urban densities and shall include greenbelt and open space areas.
Within one year of July 1, 1990, each county ((required to designate urban
growth areas)) 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 existing public facility and service capacities to serve such development, and second in areas already characterized by urban growth that will be served 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. Further, it is appropriate that urban government services be provided by cities, and urban government services should not be provided in rural areas.
(4) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall designate urban growth areas under this chapter and adopt development regulations implementing the designated urban growth areas. 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 designate urban growth areas under this chapter and adopt development regulations implementing the designated urban growth areas.
(5) Each county shall include designations of urban growth areas in its comprehensive plan.
Sec. 4. RCW 36.70A.120 and 1990 1st ex.s. c 17 s 12 are each amended to read as follows:
((Within one year of the adoption of its
comprehensive plan, each county and city that is required or chooses to plan
under RCW 36.70A.040 shall enact development regulations that are consistent
with and implement the comprehensive plan. These counties and cities)) Each
county and city that is required or chooses to plan under RCW 36.70A.040
shall perform ((their)) its activities and make capital budget
decisions in conformity with ((their)) its comprehensive plan((s)).
Sec. 5. RCW 36.70A.210 and 1991 sp.s. c 32 s 2 are each amended to read as follows:
(1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a "county-wide planning policy" is a written policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities.
(2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county-wide planning policy in cooperation with the cities located in whole or in part within the county as follows:
(a) No later than sixty calendar days from July
16, 1991, the legislative authority of ((the)) each county that
as of June 1, 1991, was required or chose to plan under RCW 36.70A.040
shall convene a meeting with representatives of each city located within the
county for the purpose of establishing a collaborative process that will
provide a framework for the adoption of a county-wide planning policy((;)).
In other counties that are required or choose to plan under RCW 36.70A.040,
this meeting shall be convened no later than sixty days after the date the
county adopts its resolution of intention or was certified by the office of
financial management.
(b) The process and framework for adoption of a
county-wide planning policy specified in (a) of this subsection shall determine
the manner in which the county and the cities agree to all procedures and
provisions including but not limited to desired planning policies, deadlines,
ratification of final agreements and demonstration thereof, and financing, if
any, of all activities associated therewith((;)).
(c) If a county fails for any reason to convene
a meeting with representatives of cities as required in (a) of this subsection,
the governor may immediately impose any appropriate sanction or sanctions on
the county from those specified under RCW 36.70A.340((;)).
(d) If there is no agreement by October 1,
1991, in a county that was required or chose to plan under RCW 36.70A.040 as
of June 1, 1991, or if there is no agreement within one hundred twenty days of
the date the county adopted its resolution of intention or was certified by the
office of financial management in any other county that is required or chooses
to plan under RCW 36.70A.040, the governor shall first inquire of the
jurisdictions as to the reason or reasons for failure to reach an agreement.
If the governor deems it appropriate, the governor may immediately request the
assistance of the department of community development to mediate any disputes
that preclude agreement. If mediation is unsuccessful in resolving all
disputes that will lead to agreement, the governor may impose appropriate
sanctions from those specified under RCW 36.70A.340 on the county, city, or
cities for failure to reach an agreement as provided in this section. The
governor shall specify the reason or reasons for the imposition of any
sanction((; and)).
(e) No later than July 1, 1992, the legislative
authority of ((the)) each county that was required or chose to
plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months
after the date the county adopted its resolution of intention or was certified
by the office of financial management the county legislative authority of any
other county that is required or chooses to plan under RCW 36.70A.040,
shall adopt a county-wide planning policy according to the process provided
under this section and that is consistent with the agreement pursuant to (b) of
this subsection, and after holding a public hearing or hearings on the proposed
county-wide planning policy.
(3) A county-wide planning policy shall at a minimum, address the following:
(a) Policies to implement RCW 36.70A.110;
(b) Policies for promotion of contiguous and orderly development and provision of urban services to such development;
(c) Policies for siting public capital facilities of a county-wide or state-wide nature;
(d) Policies for county-wide transportation facilities and strategies;
(e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;
(f) Policies for joint county and city planning within urban growth areas;
(g) Policies for county-wide economic development and employment; and
(h) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may participate in and cooperate with the county-wide planning policy adoption process. Adopted county-wide planning policies shall be adhered to by state agencies.
(5) Failure to adopt a county-wide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a county-wide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county-wide planning policy.
(6) Cities and the governor may appeal an adopted county-wide planning policy to the growth planning hearings board within sixty days of the adoption of the county-wide planning policy.
(7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region.
Sec. 6. RCW 36.70A.290 and 1991 sp.s. c 32 s 10 are each amended to read as follows:
(1) All requests for review to a growth planning hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.
(2) Except as provided under subsection (3) of this section, all petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter must be filed within sixty days after publication by the legislative bodies of the county or city. The date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published. Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto. The date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
(3) Where a county or city adopts and publishes its initial comprehensive plan prior to the date by which it is required to have adopted this initial comprehensive plan, the sixty-day period to appeal the comprehensive plan shall be delayed and commence at the date by which the county or city is required to have adopted its initial comprehensive plan. In all other instances, the sixty-day period to appeal an initial comprehensive plan shall commence upon publication. The purpose of this delayed time period to file an appeal is to facilitate interjurisdictional coordination and permit a growth planning hearings board to consider appeals over the initial comprehensive plans of a county and the cities located within the county at the same time.
(4) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.
(((4))) (5) The board shall base
its decision on the record developed by the city, county, or the state and
supplemented with additional evidence if the board determines that such
additional evidence would be necessary or of substantial assistance to the
board in reaching its decision.
(((5))) (6) The board, shall
consolidate, when appropriate, all petitions involving the review of the same
comprehensive plan or the same development regulation or regulations.
Sec. 7. RCW 82.02.050 and 1990 1st ex.s. c 17 s 43 are each amended to read as follows:
(1) It is the intent of the legislature:
(a) To ensure that adequate facilities are available to serve new growth and development;
(b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and
(c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact.
(2) Counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees.
(3) The impact fees:
(a) Shall only be imposed for system improvements that are reasonably related to the new development;
(b) Shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and
(c) Shall be used for system improvements that will reasonably benefit the new development.
(4) Impact fees may be collected and spent only
for the public facilities defined in RCW 82.02.090 which are addressed by a
capital facilities plan element of a comprehensive land use plan adopted
pursuant to the provisions of RCW 36.70A.070 or the provisions for
comprehensive plan adoption contained in chapter 36.70, 35.63, or 35A.63 RCW.
After ((July 1, 1993)) the date a county, city, or town is required
to adopt its comprehensive plan under chapter 36.70A RCW, continued
authorization to collect and expend impact fees shall be contingent on the
county, city, or town adopting or revising a comprehensive plan in compliance
with RCW 36.70A.070, and on the capital facilities plan identifying:
(a) Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time;
(b) Additional demands placed on existing public facilities by new development; and
(c) Additional public facility improvements required to serve new development.
If the capital facilities plan of the county, city, or town is complete other than for the inclusion of those elements which are the responsibility of a special district, the county, city, or town may impose impact fees to address those public facility needs for which the county, city, or town is responsible.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1993.
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