Chapter 30.42D
ESSENTIAL PUBLIC FACILITIES

Sections:

30.42D.010    Purpose.

30.42D.020    Affected jurisdictions, agencies and neighborhood meeting.

30.42D.030    Local, regional, state, and federal essential public facilities – Determination process, notice, and appeal.

30.42D.040    Conditional use permit or development agreement required.

30.42D.050    Local essential public facilities – Conditional use permit procedure.

30.42D.060    Decision criteria for local essential public facilities.

30.42D.070    Regional, state or federal essential public facilities – Development agreement procedure.

30.42D.080    Decision criteria for regional, state or federal essential public facilities.

30.42D.090    Independent consultant review and environmental review.

30.42D.100    Building permit application.

30.42D.010 Purpose.

(1) This chapter establishes a process for identifying, siting and regulating essential public facilities (EPFs).

(2) Nothing in this chapter shall be construed as precluding or delaying the siting of EPFs in contravention of applicable state law. This chapter shall be interpreted in a manner consistent with the requirements of the Growth Management Act and other applicable statutes and regulations.

(3) This chapter is intended to ensure that EPFs, as needed to support orderly growth and delivery of public services, are identified, sited and regulated for the public health, safety and welfare in a timely and efficient manner. It is also intended to provide the county with regulatory authority to require mitigation of impacts that may occur as a result of siting, operating or expanding an EPF but not preclude the siting of an EPF. This chapter is also intended to promote public participation that will produce future land use decisions consistent with the Growth Management Act.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.020 Affected jurisdictions, agencies and neighborhood meeting.

(1) The applicant shall conduct at least one neighborhood meeting to discuss the proposed EPF development. The meeting shall be held at least 30 days before submitting the EPF determination application pursuant to SCC 30.42D.030.

(2) The purpose of the neighborhood meeting is to:

(a) Ensure that an applicant pursues early public participation in conjunction with and prior to the application, giving the applicant an opportunity to understand and mitigate any impacts that the proposed development might have; and

(b) Ensure that neighborhood residents, tribes, cities, towns, special purpose districts, fire and police agencies, water and sewer providers, federal, state and local governments and business owners have an opportunity at an early stage to learn about how the proposed development might affect them and to work with the applicant to resolve concerns prior to submitting an application.

(3) The applicant is responsible for notifying, facilitating and summarizing the neighborhood meeting pursuant to the following requirements:

(a) Public notice for the neighborhood meeting shall include:

(i) Date, start time, and location of the meeting;

(ii) Proposed development name;

(iii) Map showing the location of the proposed development and the location of the meeting;

(iv) Description of proposed development; and

(v) Name, address and phone number of the applicant or representative of the applicant to contact for additional information.

(b) The public notice must be mailed to the department at least 10 days prior to the neighborhood meeting. The public notice also shall, at a minimum, be mailed to:

(i) Each taxpayer of record and each known site address within 1,000 feet of any portion of the boundary of the property on which the EPF is proposed to be located and any contiguous property owned by the applicant;

(ii) Any city or town whose boundaries are within one mile of the property on which the EPF is proposed to be located and any contiguous property owned by the applicant; and

(iii) Any affected special purpose districts, fire and police agencies, water and sewer providers, federal, state and local governments.

(c) The department, upon request, shall provide the applicant with necessary names and addresses or mailing labels. The applicant shall reimburse the department for any costs associated with this request consistent with department procedures.

(d) The neighborhood meeting shall be held at a location accessible to the public and within a reasonable distance from the boundary of the proposed development.

(e) At a minimum the applicant shall provide at the neighborhood meeting:

(i) Conceptual graphic presentation depicting the layout and design of the proposed development;

(ii) Size of the proposed development;

(iii) The proposed uses including the square footage;

(iv) Project narrative and description;

(v) Site plan;

(vi) Potential expansion areas; and

(vii) Potential impacts and how those impacts will be addressed by the applicant.

(f) The applicant shall prepare a written summary of the neighborhood meeting to be included with the EPF determination notice required in SCC 30.42D.030, including:

(i) A copy of the notice of the neighborhood meeting along with a list of persons to whom it was mailed;

(ii) A signed affidavit listing the persons who attended the meeting and their addresses if provided; and

(iii) A signed affidavit providing a summary of concerns, issues, problems and mitigation expressed during the neighborhood meeting.

(4) County staff is not required to attend the neighborhood meeting.

(5) If no one attends the meeting within 30 minutes of the start time indicated on the notice provided under this section, the applicant shall have satisfied the requirements of this section.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.030 Local, regional, state, and federal essential public facilities – Determination process, notice, and appeal.

(1) Any public or private entity proposing to site an EPF in the unincorporated area of the county shall provide a written determination notice to the director of its intent to site the EPF at least 90 days prior to submittal of an application.

(2) A pre-application conference fee as listed in Table 30.86.210 SCC shall accompany the notice.

(3) The determination notice shall contain a detailed description of the proposal including:

(a) An explanation of the operations and the need for the proposed facility, why the facility is difficult to site and why it qualifies as a local, regional, state or federal EPF;

(b) Documentation that affected jurisdictions and the public have been notified and given an opportunity to comment pursuant to SCC 30.42D.020;

(c) Proof of a published notice regarding the proposed EPF in the county’s official newspaper describing the proposal and soliciting comments, together with any written comments received on the proposed EPF;

(d) An analysis of the facility siting criteria, including size, physical characteristics, support facilities, access, future expansion needs and analysis of alternative sites;

(e) A description of general environmental, traffic and social impacts and proposed mitigation measures;

(f) The site’s relationship to the projected service area and distribution of similar facilities within that service area;

(g) An analysis of the proposal’s consistency with the county’s comprehensive plan and applicable development regulations, and an identification of any inconsistencies; and

(h) A proposed site plan and vicinity map with current zoning designations.

(4) The director shall issue a determination that the proposal is designated as a local, regional, state or federal EPF consistent with the definition of EPFs in SCC 30.91E.170 or provide in writing why the proposal is not an EPF. The director shall provide written notice of his or her decision within 90 days from the filing of the determination notice to the applicant and council and publish notice of the decision in the official county newspaper.

(5) The director’s decision shall be appealable to the county council by the applicant or by any affected person. Appeals shall be filed in writing with the department within 14 days following publication of the director’s decision. An appeal filing fee is required as listed in Table 30.86.600 SCC. The council shall hold a public hearing on the appeal within 30 days of the filing of the appeal. At the hearing, any interested person may provide oral or written comment on matters relevant to the appeal. The council shall issue a decision on the appeal within 14 days of the close of the hearing. The council’s decision shall be a final decision subject to appeal under chapter 36.70C RCW.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.040 Conditional use permit or development agreement required.

(1) A local EPF shall be permitted as a conditional use in all zones. In the event of a conflict between this chapter and chapter 30.22 SCC, the provisions of this chapter shall govern.

(2) A regional, state or federal EPF shall be permitted in any zone upon the approval of a development agreement under chapter 30.75 SCC. In the event of a conflict between this chapter and chapter 30.22 SCC, the provisions of this chapter shall govern.

(3) A local EPF must satisfy the requirements of this chapter and chapter 30.42C SCC.

(4) A regional, state or federal EPF must satisfy the requirements of this chapter and chapter 30.75 SCC.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.050 Local essential public facilities – Conditional use permit procedure.

(1) The approval process for a local EPF is a standard conditional use permit and is a Type 2 process as described in chapter 30.72 SCC.

(2) A standard conditional use permit fee as listed in Table 30.86.210 SCC is required.

(3) Application shall be made according to the submittal requirements checklist provided by the department pursuant to SCC 30.70.030 and must include the submittal items required in SCC 30.42D.030(3).

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.060 Decision criteria for local essential public facilities.

(1) The hearing examiner may impose reasonable conditions (including mitigation measures) on a proposal for a local EPF. As a condition of approval the hearing examiner may:

(a) Increase requirements in the standards, criteria, or policies established by this title;

(b) Stipulate the exact location of a local EPF as a means of minimizing hazards to life or limb, property damage, impacts to the environment, erosion, underground collapse, landslides, and transportation systems;

(c) Impose reasonable conditions necessary to avoid, minimize or mitigate any adverse impacts identified as a result of the project; and

(d) Require the posting of construction and maintenance bonds or other security as provided in chapter 30.84 SCC, sufficient to secure to the county the estimated cost of construction, installation and maintenance of required improvements.

(2) The hearing examiner may approve or approve with conditions, a conditional use permit for a local EPF when the proposal complies with the applicable requirements of chapters 30.42C and this chapter. The hearing examiner also may consider whether the proposal is consistent with the following factors:

(a) The proposal is consistent with the objectives and policies under Goal 12 in the Capital Facilities chapter of the General Policy Plan;

(b) The project applicant has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;

(c) If applicable, the project would serve a significant share of the county’s population, and the proposed site will reasonably serve the project’s overall service population;

(d) The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology;

(e) The project is consistent with the applicant’s own long-range plans for facilities and operations;

(f) The project will not result in a disproportionate burden on a particular geographic area;

(g) The applicant has provided an opportunity for public participation in the siting decision and development of mitigation measures that is appropriate in light of the project’s scope, applicable requirements of the county code, and state or federal law;

(h) The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements shall be determined by the minimum size of the facility, setbacks, access, support facilities, topography, geology, and on-site mitigation;

(i) The proposal, as conditioned, adequately mitigates adverse impacts to life, limb, property, the environment, public health and safety, transportation systems, economic development and other identified impacts;

(j) The proposal incorporates specific features to ensure it responds appropriately to the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding property; and

(k) The applicant has proposed mitigation measures that provide assistance to displaced or impacted businesses including assistance in relocating within the county.

(3) The conditional use permit application for a proposed EPF may be denied if the hearing examiner finds that the denial does not preclude the local EPF from being sited within the county, and either:

(a) The proposal does not comply with the requirements of chapter 30.42C SCC or this chapter; or

(b) The proposal is not consistent with the factors listed in subsection (2) of this section with the imposition of mitigation measures; or

(c) The imposition of reasonable mitigation measures does not adequately mitigate detrimental effects on uses or properties within the immediate vicinity of the proposal site.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.070 Regional, state or federal essential public facilities – Development agreement procedure.

(1) The approval process for a regional, state or federal EPF is a development agreement process as described in chapter 30.75 SCC.

(2) Application shall be made according to the submittal requirements checklist provided by the department pursuant to SCC 30.70.030 and include the submittal items required in SCC 30.42D.030.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.080 Decision criteria for regional, state or federal essential public facilities.

The county council must approve or approve with conditions, a development agreement for a regional, state or federal EPF after considering whether the proposal meets the following criteria:

(1) The applicant has provided opportunity for public participation in the siting decision and development of mitigation measures;

(2) The proposal complies with applicable requirements of this title and all other applicable provisions of the county code except as modified pursuant to chapter 30.75 SCC;

(3) The proposal, as conditioned, adequately mitigates adverse impacts to life, limb, property, the environment, public health and safety, transportation systems, economic development and other identified impacts;

(4) The proposal incorporates specific features to ensure it responds to the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding property;

(5) If applicable, the applicant agrees to posting of construction and maintenance bonds or other security as provided in chapter 30.84 SCC, sufficient to secure to the county the estimated cost of construction, installation and maintenance of required improvements;

(6) If applicable, the applicant has proposed mitigation measures that provide assistance to displaced or impacted businesses, including assistance in relocating within Snohomish County; and

(7) The applicant and the county have agreed to a review, processing and staffing fee.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.090 Independent consultant review and environmental review.

(1) The department may require independent consultant review of an EPF proposal to assess its compliance with the criteria contained in this chapter.

(2) If independent consultant review is required, the applicant shall bear and secure all consultant and county costs incurred in the preparation of studies or review as determined by the county. The applicant shall make a deposit with the department sufficient to defray the cost of such review. The applicant shall pay all costs prior to issuance of permits. Unexpended funds will be returned to the applicant following the final decision on the application.

(3) The applicant may, at its expense and to the extent determined by the county, provide additional studies or other information.

(4) Any applicant submitting an application for an EPF shall pay the cost of environmental review and studies necessary under SEPA, as required under chapter 30.61 SCC. The applicant may, at its expense and to the extent determined by the responsible official, provide additional studies or other information.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.42D.100 Building permit application.

(1) Any building permit issued for an EPF approved under this chapter shall be consistent with all conditions of approval in the conditional use permit or the development agreement.

(2) In the event a building permit for an EPF is denied because the building permit application does not comply with construction codes, the department shall submit in writing the reasons for denial to the project applicant.

(3) No construction permits may be applied for prior to approval of a conditional use permit or approval of a development agreement for an EPF unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor implied by the department’s acceptance of the construction permit applications.

(4) The applicant shall expressly hold the county harmless and accept all financial risk associated with preparing and submitting construction plans before a final decision is made under this chapter.

(Added by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)