S-1136.1 _______________________________________________
SENATE BILL 5532
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State of Washington 55th Legislature 1997 Regular Session
By Senators McCaslin, Haugen and Winsley
Read first time 01/30/97. Referred to Committee on Government Operations.
AN ACT Relating to mediation in land-use decisions involving conditional or special use permits; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 35.22 RCW; and adding a new section to chapter 36.32 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 35.63 RCW to read as follows:
Prior to filing an appeal of a final decision by a hearing examiner involving a conditional or special use permit application, the aggrieved party must, within five days after the final decision, initiate formal mediation procedures in an attempt to resolve the parties' differences. The mediation shall be conducted by a trained mediator selected by agreement of the parties. If the parties are unable to agree on a mediator, each party shall nominate a mediator and the mediator shall be selected by lot from among the nominees. The mediator must be selected within five days after formal mediation procedures are initiated. The mediation process must be completed within fourteen days from the time the mediator is selected except that the mediation process may extend beyond fourteen days by agreement of the parties. The mediator shall, within the fourteen-day period or within the extension if an extension is agreed to, provide the parties with a written summary of the issues and any agreements reached. The mediation report shall be made available to the governing jurisdiction. The cost of the mediation shall be shared by the parties.
Any time limits for filing of appeals are tolled during the pendency of the mediation process.
NEW SECTION. Sec. 2. A new section is added to chapter 35A.63 RCW to read as follows:
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter is subject to mediation under section 1 of this act before an appeal may be filed.
NEW SECTION. Sec. 3. A new section is added to chapter 36.70 RCW to read as follows:
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter is subject to mediation under section 1 of this act before an appeal may be filed.
NEW SECTION. Sec. 4. A new section is added to chapter 35.22 RCW to read as follows:
A final decision by a hearing examiner involving a conditional or special use permit application under a home-rule charter is subject to mediation under section 1 of this act before an appeal may be filed.
NEW SECTION. Sec. 5. A new section is added to chapter 36.32 RCW to read as follows:
A final decision by a hearing examiner involving a conditional or special use permit application under a home-rule charter is subject to mediation under section 1 of this act before an appeal may be filed.
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