30.75.020 Procedure: development agreements.
(1) This section shall not apply to the review of development agreements for projects to site, construct, operate or expand essential public facilities. For those facilities, the development agreement shall be presented to the county council for approval upon the adoption of an ordinance meeting the requirements of chapter 30.42D SCC and SCC 30.75.100. The county council may not preclude the siting of an essential public facility. Procedures for the review of permits applicable to such facilities shall be specified in the development agreement.
(2) Development agreements shall be reviewed in the manner and following the procedures established in chapters 30.70 and 30.72 SCC, except as follows:
(a) The hearing examiner’s decision, as set forth in SCC 30.72.060, shall be a recommendation to the county council instead of a decision, provided that any decision on a Type 1 appeal of a SEPA threshold determination shall be a final decision;
(b) Each hearing examiner recommendation shall include a proposed ordinance for council consideration that would adopt the hearing examiner’s recommendation as a final decision;
(c) A party of record may request review of the hearing examiner’s recommendation by the county council using the same process as required for appeal of a Type 2 decision; and
(d) If no party of record requests review of the hearing examiner’s recommendation, the department shall forward the recommendation to the county council for a closed record hearing, allowing for a presentation to the council by the applicant and the department regarding the recommendation and the proposed ordinance. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Emerg. Ord. 05-126, Dec. 7, 2005, Eff date Dec. 7, 2005; Amended by Ord. 13-067, Sept. 25, 2013, Eff date Oct. 11, 2013).