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, Sept. 25, 2013, Eff date Oct. 11, 2013).