Transit Authorities.
A transit authority is a special purpose district established to provide public transportation within a specific region. There are various types of transit authorities, including city transit departments, and county transit authorities. A regional transit authority may be formed by two or more contiguous counties with a population of 400,000 or more for the purpose of developing and operating a high-capacity transit system.
Development Agreements for Land Use.
A local government is authorized to enter into a development agreement with a person who owns or controls real property within its jurisdiction. A city is authorized to enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth various provisions and must be consistent with applicable development regulations adopted by a local government planning under the Growth Management Act.
Subdivisions.
Counties, cities, and towns are subject to laws regarding the subdivision of land. There is a two-step process for approving subdivisions, which consists of a preliminary plat approval and a final plat approval.
The following land divisions are exempt from subdivision laws:
The exemptions are not exempt from zoning and permitting laws and other regulations.
Building Permit Applications.
A valid and fully complete building permit application for a structure that is permitted under the zoning or other land use control ordinances in effect on the date of the application must be considered under the building permit ordinance in effect at the time of application and the zoning or other land use control ordinances in effect on the date of application.
Regional Transit Authorities.
A regional transit authority may:
Development Agreements for Land Use.
A development agreement with a regional transit authority may set forth development standards that vary from otherwise applicable development regulations to accommodate the regional transit authority's facilities development.
Subdivisions.
A division of land caused by the acquisition of a portion of an existing lot or tract by a regional transit authority that is acquiring land to build an essential public facility is exempt from subdivision laws.
Building Permit Applications.
A local government must accept applications from a regional transit authority regardless of whether the regional transit authority owns or has possession and use of the property subject to the application, so long as the application is otherwise complete.
A local government may not issue a land use construction, or technical, permit to a regional transit authority for development on property that is not owned by the regional transit authority unless the regional transit authority has received written permission from the property owner.
The substitute bill requires a regional transit authority to provide proof of notice to a property owner prior to applying for land use technical, or construction, permits for that property. The exemption from subdivision laws applies to a division of land caused by the acquisition of a portion of an existing lot or tract by a regional transit authority, rather than an agency with condemnation authority. Language providing that applications submitted by a regional transit authority must be considered under the building permit ordinances in effect at the time the regional transit authority makes decisions regarding the route alignment and station location of a rail fixed guideway system is removed. A local government must accept applications from a regional transit authority regardless of whether the regional transit authority owns or has possession and use of the property subject to the application, so long as the application is otherwise complete. A local government is prohibited from issuing a permit to a regional transit authority without written permission from the property owner.
(In support) Having a light rail to various cities is still a few years down the road. The goal of this bill is to make the process more efficient for a very complex engineering project. There is a lot of interplay between city and county regulations, state laws, federal laws, environmental reviews, and financing. The biggest thrust of this bill is to make sure that the processes happen concurrently and not sequentially. Having many boxes to check can drag out the timeline. The bill allows Sound Transit to file for a permit while it is still in the process of acquiring the right-of-way. The goal is to streamline the process. This bill is the result of a collaborative effort between Sound Transit and local governments. The bill can save nine months off of the permitting process timeline.
(Opposed) None.
(Other) There is support for the efforts to streamline, but there is concern about allowing Sound Transit to apply for or receive a permit for land it does not own or control. Local property rules rely on owner participation and not having the owner participate can raise legal issues. The solution is to require direct notification to property owners prior to permitting. There should be an amendment that reflects this approach.
(In support) Representative Joe Fitzgibbon, prime sponsor; and Mike Shaw, Sound Transit.