H-0366.2 _______________________________________________
HOUSE BILL 2001
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives D. Schmidt, Scott and Thompson
Read first time 02/21/95. Referred to Committee on Government Operations.
AN ACT Relating to community councils; amending RCW 36.105.010, 36.105.020, 36.105.030, 36.105.040, 36.105.050, 36.105.060, 36.105.070, 36.105.080, 36.105.090, and 36.105.100; adding a new section to chapter 36.105 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.105.010 and 1991 c 363 s 99 are each amended to read as follows:
Voters of the
unincorporated areas of the state are authorized to establish ((community))
unincorporated area councils as provided in this chapter.
It is the purpose of
this chapter to provide voters of unincorporated areas ((in counties with a
population of over thirty thousand that are made up entirely of islands))
with direct input on the ((planning and)) zoning of their community by
establishing a governmental mechanism to ((adopt proposed community
comprehensive plans and)) develop a proposed community zoning
ordinance((s)) for a community that ((are)) is
consistent with the county's comprehensive plan and an ((overall
guide and framework)) ordinance adopted by the county legislative
authority establishing a guide and framework for community zoning ordinances.
In addition, it is the purpose of this chapter to have ((community)) unincorporated
area councils serve as forums for the discussion of local issues.
NEW SECTION. Sec. 2. A new section is added to chapter 36.105 RCW to read as follows:
Unincorporated area councils may be established only in the following counties or portions of counties:
(1) An unincorporated area in a county with a population of five hundred thousand or more if the area is located within an urban growth area or interim urban growth area designated by the county under RCW 36.70A.110; and
(2) An unincorporated area in a county composed entirely of islands and with a population of over thirty thousand, whether or not the area is located within an urban growth area designated by the county under RCW 36.70A.110.
Sec. 3. RCW 36.105.020 and 1991 c 363 s 100 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)
"Community" means a portion of the unincorporated area for which ((a
community)) an unincorporated area council has been established ((and
which is located in a county with a population of over thirty thousand that is
made up entirely of islands)).
(2) (("Community
comprehensive plan" means a comprehensive plan adopted by a community
council.
(3) "Community
council" means the governing body established under this chapter to adopt
community comprehensive plans and community zoning ordinances for a community.
(4))) "Community zoning ordinance((s))"
means the zoning ordinance((s adopted by a community)) that is
developed and endorsed by an unincorporated area council ((to implement
a community)), and approved and adopted by the county legislative
authority as implementing and consistent with the county's comprehensive
plan and the county ordinance adopted under RCW 36.105.070(1).
(3) "Unincorporated area council" means the governing body established under this chapter to develop and endorse a proposed community zoning ordinance for a community.
Sec. 4. RCW 36.105.030 and 1991 c 363 s 101 are each amended to read as follows:
A community for which
((a community)) an unincorporated area council is created ((may
include only unincorporated territory located in a single county with a
population of over thirty thousand that is made up entirely of islands and not
included within a city or town. A community council)) in a county that
is composed entirely of islands with a population of thirty thousand or more
must have at least one thousand ((persons residing within the community when
the community)) residents when the unincorporated area council is
created or, where the community only includes an entire island, at least three
hundred ((persons must reside on the island)) reside when the ((community))
unincorporated area council is created. A community for which an
unincorporated area council is created in a county with a population of five
hundred thousand or more must have at least five thousand residents when the
unincorporated area council is created. Any portion of such a community
that is annexed by a city or town, or is incorporated as a city or town, shall
be removed from the community upon the effective date of the annexation or the
official date of the incorporation.
Sec. 5. RCW 36.105.040 and 1991 c 363 s 102 are each amended to read as follows:
(1) The process to
create ((a community)) an unincorporated area council shall be
initiated by the filing of petitions with the county auditor of the county in
which the community is located which: (a) Call for the creation of ((a community))
an unincorporated area council; (b) set forth ((the)) proposed
boundaries for the community; (c) indicate the number of ((community
councilmembers)) members on the unincorporated area council, which
shall be five, seven, nine, or eleven; and (d) contain signatures of voters
residing within the community equal in number to at least ten percent of the
voters residing in the community who voted at the last state general election.
The county auditor shall determine if the petitions contain a sufficient number
of valid signatures and certify to the county legislative authority the
sufficiency of the petitions within fifteen days of when the petitions were
filed. ((If the petitions are certified as having sufficient valid
signatures, the county auditor shall transmit the petitions and certificate to
the county legislative authority.))
(2) If the petitions
are certified as having sufficient valid signatures, the county legislative
authority shall hold a public hearing within the community on the creation of
the proposed ((community)) unincorporated area council no later
than sixty days after the ((petitions and certificate of sufficiency were
transmitted to the county legislative authority)) certification.
Notice of the public hearing shall be published in a newspaper of general
circulation in the community for at least once a week for two consecutive
weeks, with the last date of publication no more than ten days prior to the
date of the public hearing. At least ten days before the public hearing, additional
notice shall be posted conspicuously in at least five places within the ((proposed))
community in a manner designed to attract public attention.
(3) After receiving
testimony on the creation of the proposed ((community)) unincorporated
area council, the county legislative authority must remove any area from
the proposed community that may not be included within a community and may otherwise
alter the boundaries of the proposed community, but ((the boundaries
may not be altered to)) such an alteration may not reduce the number
of persons living within the community by more than ten percent or below the
minimum number of residents who must reside within the community at the time of
the creation of the ((community)) unincorporated area council.
If territory is added to the community, another public hearing on the proposal
shall be held.
(4) The county
legislative authority shall call a special election within the community to
determine whether the proposed ((community)) unincorporated area
council shall be created, and to elect the initial ((community)) unincorporated
area councilmembers, at the next state general election occurring
seventy-five or more days after the initial public hearing on the creation of
the proposed ((community)) unincorporated area council. The ((community))
unincorporated area council shall be created if the ballot proposition
authorizing the creation of the ((community)) unincorporated area
council is approved by a simple majority vote of the voters of the community
voting on the proposition.
Sec. 6. RCW 36.105.050 and 1991 c 363 s 103 are each amended to read as follows:
The initial members of
((the community)) an unincorporated area council shall be elected
at the same election as the ballot proposition is submitted authorizing the
creation of the ((community)) unincorporated area council.
However, the election of the initial ((community)) councilmembers shall
be null and void if the ballot proposition authorizing the creation of the ((community))
unincorporated area council is not approved by a simple majority vote
of the voters of the community voting on the proposition.
No primary election
shall be held to nominate candidates for initial council positions. ((The
initial community council shall consist of the candidate for each council
position who receives the greatest number of votes for that council position.))
Candidates shall run for specific council positions. The person receiving
the greatest number of votes for each council position shall be elected as an
initial councilmember. Staggering of terms of office shall be accomplished
by having the simple majority of the ((winning candidates who receive))
persons who are elected receiving the greatest number of votes being
elected to four-year terms of office, and the remaining ((winning candidates))
persons who are elected being elected to two-year terms of office, if
the election was held in ((an even-numbered)) the same year as
the year in which members of the county legislative authority normally are
elected, or the simple majority of the ((winning candidates who
receive)) persons who are elected receiving the greatest number of
votes being elected to three-year terms of office, and the remaining ((winning
candidates)) persons who are elected being elected to one-year terms
of office, if the election was held in ((an odd-numbered)) a year
in which members of the county legislative authority normally are not
elected, with the terms of office being computed from the first day
of January in the year following the election. Initial councilmembers shall
take office immediately when qualified in accordance with RCW 29.01.135.
((However, where the
county operates under a charter providing for the election of members of the
county legislative authority in odd-numbered years, the terms of office of the
initial councilmembers shall be four years and two years, if the election of
the initial councilmembers was held on an odd-numbered year, or three years and
one year, if the election of the initial councilmembers was held on an
even-numbered year.))
Sec. 7. RCW 36.105.060 and 1991 c 363 s 104 are each amended to read as follows:
((Community)) Unincorporated
area councilmembers shall be elected to staggered four-year terms of
office until their successors are elected and qualified. Each council
position shall be numbered separately. Candidates shall run for specific
council positions. The number of council positions shall be five, seven, nine,
or eleven, as specified in the petition calling for the creation of the ((community))
unincorporated area council. At every other general election when
councilmembers are elected, the number of councilmembers who are normally
elected shall vary by one.
((Community)) Except
as provided in this chapter, unincorporated area councilmembers shall be
nominated and elected at nonpartisan elections pursuant to general election
laws((, except the elections shall be held in even-numbered years, unless
the county operates under a charter and members of the county legislative
authority are elected in odd-numbered years, in which case, community
councilmembers shall be elected in odd-numbered years)). The county
shall pay for the costs of all elections associated with unincorporated area
councils and the election of councilmembers.
The terms of office of each councilmember shall be reduced by one year if the voters of the county approve a county charter or an amendment to a county charter altering the year in which members of the county legislative authority normally are elected.
The provisions of this
section apply to the election and terms of office of the initial ((community))
unincorporated area councilmembers, except as provided in RCW
36.105.050.
((A councilmember
shall lose his or her council position if his or her primary residence no
longer is located within the community.)) Vacancies on ((a community))
an unincorporated area council occur as provided in RCW 42.12.010 and
shall be filled ((by action of the remaining councilmembers)) as
provided in RCW 42.12.070.
Sec. 8. RCW 36.105.070 and 1991 c 363 s 105 are each amended to read as follows:
(1) A community zoning ordinance shall be developed and adopted as follows:
(a) Within ((ninety))
one hundred twenty days ((of)) after the election at which
((a community)) an initial unincorporated area council is ((created))
elected, the county legislative authority shall adopt an ordinance
establishing policies and conditions ((and designating portions or
components of the county comprehensive plan and zoning ordinances that serve))
serving as an overall guide and framework for the development of
proposed ((community comprehensive plans and proposed)) community zoning
ordinances. ((The conditions and policies shall conform with the
requirements of chapter 36.70A RCW.)) The ordinance may include factors
and provisions of general importance that must be included in a proposed
community zoning ordinance for a particular community.
(((2) Proposed
community comprehensive plans and)) (b) An unincorporated area council
shall develop and endorse a proposed community zoning ordinance((s that
are adopted by a community council shall be submitted)) to the county
legislative authority for its review ((of the consistency of the proposed
plans and proposed ordinances with)) and approval or rejection that
implements and is consistent with the general county ordinance
adopted under (a) of this subsection (((1) of this section)) and
the county's comprehensive plan. Where applicable, the county's comprehensive
plan includes, but is not limited to, designated lands and areas under RCW
36.70A.170, conserving lands and protecting areas under RCW 36.70A.060,
retaining the urban nature of urban growth areas and interim urban growth areas
designated under RCW 36.70A.110 and the nonurban nature of areas outside of
designated urban growth areas and interim urban growth areas, and other actions
taken by the county legislative authority under chapter 36.70A RCW. A proposed
community zoning ordinance may not alter the county's shoreline master program.
The county legislative
authority shall either approve the proposed ((plans and proposed)) community
zoning ordinance and adopt the proposed community zoning ordinance((s))
as ((adopted)) submitted, or refer the proposed ((plans and
proposed)) community zoning ordinance((s)) back to the ((community))
unincorporated area council with written findings specifying the
inconsistencies, within ninety days after ((they were)) it is
submitted. The county ((comprehensive plan, or subarea plan and
comprehensive plan, and)) zoning ordinance((s)) shall remain in
effect in the community until ((the proposed community comprehensive plans
and)) a proposed community zoning ordinance((s have)) has
been approved ((as provided in this subsection)) by the county
legislative authority using this procedure.
An approved community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW. Such an appeal must be filed within sixty days after the publication by the county.
(((3) Each proposed
amendment to approved community comprehensive plans or approved community
zoning ordinances that is adopted by a community)) (c) An unincorporated
area council ((shall be submitted)) may develop and endorse
proposed amendments to an approved community zoning ordinance, that implement
and are consistent with the general county ordinance adopted under (a) of this
subsection and the county comprehensive plan, and submit the proposed
amendments to the county legislative authority for its review ((of the
consistency of the amendment with the ordinance adopted under subsection (1) of
this section. The county legislative authority shall either approve the
proposed amendment as adopted or refer the proposed amendment back to the
community council with written findings specifying the inconsistencies within
ninety days after the proposed amendment was submitted)) and approval or
rejection under the same procedure and conditions specified under (b) of this
subsection for the review of a proposed community zoning ordinance. The ((unamended
community comprehensive plans and unamended)) approved community
zoning ordinance((s)) shall remain in effect in the community until the
proposed amendments ((has)) have been approved ((as
provided in this subsection)) and adopted by the county legislative
authority using this procedure.
An approved amendment to a community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW. Such an appeal must be filed within sixty days after publication by the county.
(((4))) (d)
If the county legislative authority amends the county's comprehensive plan
or the general county ordinance it adopted under (a) of this
subsection (((1) of this section, a community)), each unincorporated
area council shall ((be given at least one hundred twenty days to amend
its community comprehensive plans and)) develop and endorse proposed
amendments to its approved community zoning ordinance((s to be)) that
are consistent with ((this)) and implement the amended county
comprehensive plan or amended county ordinance following the procedure
specified under (c) of this subsection. ((However,)) The county
legislative authority may directly amend ((the community
comprehensive plans and)) a community zoning ordinance((s))
to achieve consistency with ((this)) the amended county
comprehensive plan or amended general county ordinance to be in effect
until adequate proposed amendments to the community zoning ordinance that are
developed and endorsed by the unincorporated area council have been approved
and adopted by the county legislative authority. Nothing in this
subsection ((shall)) (1)(d) precludes ((a community))
an unincorporated area council from subsequently obtaining approval of
its proposed ((community comprehensive plans and proposed)) amendments
to the community zoning ordinance((s)) that is so altered by the
county legislative authority.
(((5) Approved
community comprehensive plans and approved community zoning ordinances shall be
enforced by the county as if they had been adopted by)) (2) The
county legislative authority shall enforce a community zoning ordinance that
it approves and adopts. An unincorporated area council shall not have
authority to take quasi-judicial actions or to decide permit applications.
All quasi-judicial actions and permits relating to ((these plans and
ordinances)) a community zoning ordinance shall be made and decided
by the county legislative authority or otherwise as provided by the county
legislative authority.
(((6))) The
county shall provide administrative and staff support for each ((community))
unincorporated area council within its boundaries and shall defend
each unincorporated area council in any lawsuit over the actions taken by the
unincorporated area council under this chapter.
Sec. 9. RCW 36.105.080 and 1991 c 363 s 106 are each amended to read as follows:
((A community
council shall adopt proposed community comprehensive plans and proposed
community zoning ordinances as provided in RCW 36.105.070. Community)) Unincorporated
area councils shall not have the authority to take quasi-judicial actions
nor to decide permit applications. ((In addition, a community)) Unincorporated
area councils shall serve as ((a)) forums for the
discussion of local issues.
((Community)) Among
other general laws, unincorporated area councils are subject to chapter
42.30 RCW, the open public meetings act, and chapter 42.17 RCW, the public
disclosure act.
Sec. 10. RCW 36.105.090 and 1991 c 363 s 107 are each amended to read as follows:
((A community)) An
unincorporated area council may provide for the annexation of adjacent
unincorporated areas in the same county to the community that legally
may be included within the community that are not included within another
community for which ((a community)) an unincorporated area
council has been established.
Annexations shall be
initiated by either resolution of the ((community)) unincorporated
area council proposing the annexation or petition of voters residing in the
adjacent area, which petition: (a) Requests the annexation; (b) sets forth the
boundaries of the area proposed to be annexed; and (c) contains signatures of
voters residing within the area that is proposed to be annexed equal in number
to at least ten percent of the voters residing in that area who voted at the
last state general election. Annexation petitions shall be filed with the
county auditor who shall determine if the petitions contain a sufficient number
of valid signatures, certify the sufficiency of the petitions, and notify the
((community)) unincorporated area council of the sufficiency of
the petitions within fifteen days of when the petitions are submitted.
A ballot proposition
authorizing the annexation shall be submitted to the voters of the area that is
proposed to be annexed at a primary or general election in either an
odd-numbered or even-numbered year, if the ((community)) unincorporated
area council initiated the annexation by resolution or if the ((community))
unincorporated area council concurs in an annexation that was initiated
by the submission of annexation petitions containing sufficient valid
signatures. The annexation shall occur if the ballot proposition authorizing
the ((creation of the community)) annexation is approved by a
simple majority vote of the voters of the area proposed to be annexed
voting on the proposition. The county's ((comprehensive plan, and where
applicable to the county's subarea plan, and)) zoning ordinances shall
continue in effect in the annexed area until proposed amendments to the ((approved
community comprehensive plans and)) approved community zoning ordinance
have been approved and adopted by the county legislative authority that
apply to the annexed area.
Sec. 11. RCW 36.105.100 and 1991 c 363 s 108 are each amended to read as follows:
((A community)) An
unincorporated area council that is located in a county composed
entirely of islands with a population of thirty thousand or more shall be
dissolved if the population of the community is reduced to less than five
hundred persons, or less than two hundred persons if the community only ((includes))
included an entire island at the time of creation of the
unincorporated area council. An unincorporated area council that is located in
a county with a population of five hundred thousand or more shall be dissolved
if the population of the community is reduced to less than two thousand five
hundred persons.
The question of
whether an unincorporated area council should be retained shall be submitted to
the voters of a community at the next general election at which ((community))
unincorporated area councilmembers would be elected((, occurring))
that occur at least ((four)) twelve years after the
creation or ((reestablishment of a community, a ballot proposition shall be
submitted to the voters of the community on whether the community shall be
reestablished)) latest affirmative vote to retain the unincorporated
area council. The unincorporated area council shall be retained if the
proposition to retain the unincorporated area council is approved by a simple
majority vote of the voters of the community voting on the proposition. The
election for council positions shall be held as if the ballot proposition on
retaining the unincorporated area council were not submitted. If ((reestablished))
the unincorporated area council is retained, the persons who are
newly elected members of the ((community)) council and the ((retained))
other members of the ((community)) council whose terms have
not expired shall constitute the members of the ((community)) unincorporated
area council. If the unincorporated area council is not retained, the
election of the new councilmembers is null and void, and the unincorporated
area council shall be dissolved.
Whenever an unincorporated area council is dissolved, the approved community zoning ordinance remains in effect until altered by the county legislative authority.
NEW SECTION. Sec. 12. This act alters and clarifies the authorities of community councils, including changing the name of such a council to an unincorporated area council. A community council that was authorized by voters prior to the effective date of this act shall remain in effect with authorities as provided in this act and shall be called an unincorporated area council.
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