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Where establishment of a county road is proposed as part of a development application that requires approval by the hearing examiner, and the engineer determines that the criteria for establishment exist, the function of the council as set forth in SCC 13.90.020, SCC 13.90.040 and SCC 13.90.060 may, upon written request by the developer, be performed by the hearing examiner. Council review of the report of the engineer and ordinance in accordance with SCC 13.90.050 shall not be required.

(1) The engineer shall prepare a motion for consideration by the hearing examiner for establishment of the county road, in lieu of the ordinance required by SCC 13.90.020.

(2) The hearing on the establishment shall be held concurrent with the open record hearing on the development proposal. Notice in accordance with SCC 13.90.050 shall be published by the department of planning and development services and incorporated with the notice of the hearing on the development proposal.

(3) The hearing examiner shall make findings as to whether the proposed county road is a public necessity and practicable, and shall make a recommendation to the county council as to whether establishment should be approved and any conditions that should apply. The hearing examiner’s recommendation shall be subject to reconsideration pursuant to SCC 2.02.167 to the same extent as any other hearing examiner decision.

(4) The county council shall consider such recommendation at a public meeting. If the county council determines that the county road should be established, it shall be established by motion.

(5) The county council may determine at the public meeting that additional public testimony is warranted to consider the establishment and set a date for an additional public hearing in accordance with SCC 13.90.050 and SCC 13.90.060. (Added by Ord. 96-028 § 71, June 12, 1996, Eff date June 29, 1996).