reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-835 - Relocation assistance for low-income tenants

Current through Register Vol. 24-14, July 15, 2024
(1) Any county or city required to plan under
						the act is authorized to require, after reasonable notice to the public and a
						public hearing, property owners to provide their portion of reasonable
						relocation assistance to low-income tenants displaced by certain changes to
						residential property. The changes include demolition, substantial
						rehabilitation (whether due to code enforcement or any other reason), change of
						use and removal of use restrictions in an assisted-housing
						development.
(2) As used in this
						section, "assisted housing development" means a multifamily rental housing
						development that either receives government assistance and is defined as
						federally assisted housing in
						RCW
						 59.28.020, or that receives other federal,
						state, or local government assistance and is subject to use
						restrictions.
(3) The regulations
						implementing the relocation assistance program shall be governed by the
						provisions of
						RCW
						 59.18.440.
(4) "Low-income tenants" means tenants whose
						combined total income per dwelling unit is at or below fifty percent of the
						median income, adjusted for family size, in the county where the tenants
						reside.
(5) For purposes of
						determining eligibility, the department must annually inform counties and
						cities of the appropriate dollar limits to use for median income, adjusted for
						family size, in different areas within the state. In deciding on these limits,
						the department will refer to the county-by-county family income figures
						published annually by the federal department of Housing and Urban Development.
						As soon as the federal figures become available each year, the department will
						review them and advise counties and cities promptly of the appropriate dollar
						limits and their effective dates.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-835, filed 1/19/10,
								effective 2/19/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-840 - Concurrency

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose.
(a) The purpose of concurrency is to assure
						that those public facilities and services necessary to support development are
						adequate to serve that development at the time it is available for occupancy
						and use, without decreasing service levels below locally established minimum
						standards.
(b) Concurrency
						describes the situation in which adequate facilities are available when the
						impacts of development occur, or within a specified time thereafter.
						Concurrency ensures consistency in land use approval and the development of
						adequate public facilities as plans are implemented, and it prevents
						development that is inconsistent with the public facilities necessary to
						support the development.
(c) With
						respect to facilities other than transportation facilities counties and cities
						may fashion their own regulatory responses and are not limited to imposing
						moratoria on development during periods when concurrency is not
						maintained.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-845 - Local project review and development agreements

Current through Register Vol. 24-14, July 15, 2024
(1) The local Project Review Act (chapter
						36.70B RCW) requires counties and cities planning under the act to adopt
						procedures for fair and timely review of project permits under
						RCW
						 36.70B.020(4), such as
						building permits, subdivisions, binding site plans, planned unit developments,
						conditional uses, and other permits or other land use actions. The project
						permitting procedures ensure that when counties and cities implement goal 7 of
						the act, under
						RCW
						 36.70A.020(7), applications
						for both state and local government permits should be processed in a timely and
						fair manner.
(2) Consolidated
						permit review process.
(a) Counties and cities
						must adopt a permit review process that provides for consolidated review of all
						permits necessary for a proposed project action. The permit review process must
						provide for the following:
(i) A consolidated
						project coordinator for a consolidated project permit application;
(ii) A consolidated determination of
						completeness;
(iii) A consolidated
						notice of application;
(iv) A
						consolidated set of hearings; and
(v) A consolidated notice of final decision
						that includes all project permits being reviewed through the consolidated
						permit review process.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-850 - Impact fees

Current through Register Vol. 24-14, July 15, 2024
(1) Counties and
						cities planning under the act are authorized to impose impact fees on
						development activities as part of public facilities financing. However, the
						financing for system improvements to serve new development must provide a
						balance between impact fees and other sources of public funds and cannot rely
						solely on impact fees.
(2) The
						decision to use impact fees should be specifically implemented through
						development regulations. The regulations should call for a specific finding on
						all three of the following limitations whenever an impact fee is imposed. The
						impact fees:
(a) Must only be imposed for
						system improvements that are reasonably related to the new development. "System
						improvements" (in contrast to "project improvements") are public facilities
						included in the capital facilities plan that are designed to provide service to
						service areas within the community at large;
(b) Must not exceed a proportionate share of
						the costs of system improvements that are reasonably related to the new
						development; and
(c) Must be used
						for system improvements that will reasonably benefit the new
						development.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-855 - Protection of private property

Current through Register Vol. 24-14, July 15, 2024
In the drafting of development regulations, counties and
							cities must use the attorney general's process of evaluation issued pursuant to
							RCW
							 36.70A.370, to assure that governmental
							actions do not result in an unconstitutional taking of private property.
							Procedures for avoiding takings, such as variances or exemptions, should be
							built into the overall regulatory process.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-855, filed 1/19/10,
								effective 2/19/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-860 - Treatment of residential structures occupied by persons with handicaps

Current through Register Vol. 24-14, July 15, 2024
(1) Counties and
						cities planning under the act may not enact or maintain an ordinance,
						development regulation, zoning regulation or official control, policy, or
						administrative practice which treats a residential structure occupied by
						persons with handicaps differently than a similar residential structure
						occupied by a family or other unrelated individuals.
(2) The term "handicap" is defined by the
						federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3602). It pertains
						to a person who:
(a) Has a physical or mental
						impairment that substantially limits one or more of their major life
						activities;
(b) Has a record of
						having such impairment; or
(c) Is
						regarded as having such impairment.
It does not include current, illegal use of or addiction to a
							controlled substance (as defined in  21 U.S.C. Sec. 802).
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-865 - Family day-care providers

Current through Register Vol. 24-14, July 15, 2024
(1) Counties and cities may not prohibit the
						use of a residential dwelling as a family day-care provider's home facility
						that is located in an area zoned for residential or commercial land uses.
						However, counties and cities may regulate such use as a conditional use.
						Counties and cities may prohibit such use if it would create an incompatible
						use adjacent to resource lands of long-term commercial significance. Counties
						and cities may prohibit such use in the primary crash zone of an airport or
						aviation facility.
(2) See WAC
						365-196-210 for the definition of
						"family day-care providers" used in this section.
(3) A county or city may require the family
						day-care provider to comply with building and land use regulations. They can
						require the provider to be certified by the department of early learning and to
						comply with the sign code; as well as any building, fire, safety, health code,
						and business licensing requirements. They can also limit the hours of operation
						to keep the day-care from disrupting other neighborhood uses, while also
						providing appropriate opportunity for persons who use family day-care and who
						work a nonstandard work shift.
(4)
						The county or city might also require the family day-care provider to show that
						they notified adjoining property owners of their intent to locate and maintain
						a family day-care near them.
(5) If
						disputes arise between neighbors and the family day-care provider over
						licensing requirements, the licensor may provide a forum to resolve the
						dispute. A forum, in this case, refers to a meeting of the affected parties to
						discuss and resolve the dispute.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-865, filed 1/19/10,
								effective 2/19/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-870 - Affordable housing incentives

Current through Register Vol. 24-14, July 15, 2024
(1) Background.
(a) The act calls on counties and cities to
						encourage the availability of affordable housing. Addressing the need for
						affordable housing will require a broad variety of tools to address local
						needs. This section describes certain affordable housing incentive programs
						(incentive programs) that counties and cities may implement.
(b) The powers granted in
						RCW
						 36.70A.540 are supplemental and additional to
						the powers otherwise held by local governments, and nothing in
						RCW
						 36.70A.540 shall be construed as a limit on
						such powers.
(c) Counties and
						cities may use incentive programs to implement other policies in their
						comprehensive plan in addition to affordable housing; for instance, encouraging
						higher densities that reduce the need for land and increase the efficiency of
						providing public services.
(d)
						Incentive programs may apply to residential, commercial, industrial and/or
						mixed-use developments.
(e)
						Incentive programs may be implemented through development regulations,
						conditions on rezoning or permit decisions, or any combination of
						these.
(f) Incentive programs may
						apply to part or all of a city or county. A county or city may apply different
						standards to different areas within their jurisdiction, or to different
						development types.
(g) Incentive
						programs may be modified to meet local needs.
(h) Incentive programs may include provisions
						not expressly provided in
						RCW
						 36.70A.540 or
						82.02.020.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-197 - Project consistency › Section 365-197-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "GMA" means the
					Growth Management Act,
					chapter
					36.70A RCW and those
					statutes codified in other chapters of the Revised Code of Washington that were
					enacted or amended as part of chapter 17, Laws of 1990 1st ex. sess. and
					chapter 32, Laws of 1991 sp. sess.
(2) "GMA county/city" means a county or city
					that is planning under
					RCW
					 36.70A.040.
(3) "SEPA" means the State Environmental
					Policy Act of 1971,
					chapter
					43.21C RCW, and the SEPA
					rules, chapter 197-11 WAC, as enacted or later amended.
Statutory Authority:
							RCW
							36.70B.040. 01-13-039, §
										365-197-020, filed 6/13/01,
							effective 7/14/01.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-197 - Project consistency › Section 365-197-040 - Definition and review of project consistency

Current through Register Vol. 24-14, July 15, 2024
(1) "Project consistency" refers to whether a
					project is consistent with adopted and applicable development regulations, or
					in their absence, comprehensive plans adopted under
					chapter
					36.70A RCW.
(2) Project review for consistency is not
					subject to the provisions of this chapter for regulations or plans that:
(a) Do not exist or have not been adopted
					under chapter 36.70A
					RCW; or
(b) Do not apply to the
					particular project (e.g., no need to review compliance with flood plain
					ordinances if the site is not in a flood plain).
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-197 - Project consistency › Section 365-197-060 - Definition of plan "deficiency" identified in project review and how such deficiencies should be docketed

Current through Register Vol. 24-14, July 15, 2024
(1) Project review may continue under SEPA
					and other applicable laws, if, during project review, a GMA county/city
					identifies a deficiency in the applicable development regulations or the
					policies in the comprehensive plan. The identified deficiency shall be docketed
					for possible future development regulation or plan amendments. The applicant
					may proceed as provided in subsection (4)(c) of this section. The project
					review process shall not be used as a comprehensive planning process. Docketed
					deficiencies shall be considered through the normal amendment process for
					comprehensive plans or development regulations.
(2) "Deficiency" in a development regulation
					or comprehensive plan refers to the absence of required or potentially
					desirable1 contents of a comprehensive plan or
					development regulation. It does not refer to whether a development regulation
					adequately addresses a project's probable specific adverse environmental
					impacts, which the permitting agency could mitigate in the normal project
					review process. Some project-specific impacts could be identified that the
					agency will need to or prefer to address at the project level rather than in
					the comprehensive plan or development regulations.
For purposes of docketing, use of the term "deficiency" shall
						not mean that a comprehensive plan or development regulation adopted by a
						county or city under
						chapter
						36.70A RCW is invalid or
						out of compliance with
						chapter
						36.70A RCW. Docketing is
						intended to allow and encourage GMA counties/cities to improve their plans and
						regulations as a result of experience in reviewing projects, but without
						stopping review of the project that may have disclosed the "deficiency."
(3) A project should not be found
					to be inconsistent with applicable regulations or the plan if the inconsistency
					is the result of a deficiency of one of the four criteria for project
					consistency. The deficiency should be docketed for possible future regulation
					or plan amendments, and the project proponent can proceed with either of the
					options provided in subsection (4) of this section.
(4) If all of the information to analyze
					consistency does not exist in the regulations or plan, the absent policy or
					regulatory information should be docketed for possible future regulation or
					plan amendments. At this point the applicant may:
(a) Await docketing and decision on the
					proposed amendment to address the deficiency before proceeding with the project
					review process; or
(b) Proceed with
					the project review process under SEPA and other applicable laws.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-197 - Project consistency › Section 365-197-080 - An agency may deny a project based upon consistency analysis

Current through Register Vol. 24-14, July 15, 2024
(1) An agency has
					the authority to deny a project if it:
(a) Is
					inconsistent and does not comply with the applicable development regulations,
					or in their absence, the adopted comprehensive plan;
(b) Will result in significant adverse
					environmental impacts which cannot be mitigated per
					RCW
					 43.21C.060 and WAC
					197-11-660; or
(c) Does not comply with other local, state,
					or federal law and rules, and the local jurisdiction has the authority to deny
					based upon these other laws and rules.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-198 - Interlocal terms and conditions for the transfer of development rights › Section 365-198-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)Chapter 43.362 RCW establishes a regional
					transfer of development rights program in central Puget Sound, including King,
					Pierce, Kitsap, and Snohomish counties and the cities and towns within these
					counties. A transfer of development rights program is a market-based exchange
					mechanism that encourages the voluntary transfer of development rights from
					sending areas that a community wants to conserve to receiving areas where
					growth and the infrastructure to support growth are planned. Participation in
					the regional transfer of development rights program by counties, cities and
					towns is optional.
(2) The purpose
					of this chapter is to make it easy to transfer development rights from counties
					to cities and towns in the regional transfer of development rights program. The
					purpose of the regional transfer of development rights program is to conserve
					resource, rural and other land prioritized for conservation consistent with
					RCW
					 43.362.040 and county transfer of development
					right programs, and to encourage growth in cities and towns consistent with the
					state Growth Management Act under
					chapter
					36.70A RCW.
(3) The purpose of this chapter is to adopt
					by rule terms and conditions of an interlocal agreement for transfers of
					development rights between counties, cities, and towns. Counties, cities, and
					towns participating in the regional transfer of development rights program have
					the option of adopting the terms and conditions by reference to transfer
					development rights across jurisdictional boundaries as an alternative to
					entering into an interlocal agreement under
					chapter
					39.34 RCW. If a city or
					county chooses to adopt the terms and conditions provided in this rule, nothing
					in this chapter prohibits the city or county from adopting additional terms and
					conditions in the adopting ordinance or resolution.
(4) This chapter shall be deemed to provide
					an alternative method to an interlocal agreement for transferring development
					rights between a county and city or town under the regional transfer of
					development rights program, and shall not be construed as imposing any
					additional condition upon the exercise of any other powers vested in counties,
					cities and towns. Nothing in this chapter prohibits a county, city, or town
					from entering into an interlocal agreement under
					chapter
					39.34 RCW to transfer
					development rights under the regional program.
Statutory Authority:
							RCW
							43.362.050. 10-18-066, §
										365-198-010, filed 8/30/10,
							effective 9/30/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-198 - Interlocal terms and conditions for the transfer of development rights › Section 365-198-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
					applies to transfers of development rights between King, Pierce, Kitsap and
					Snohomish counties and the cities and towns within these counties. This chapter
					only applies to transfers from county designated sending areas consistent with
					RCW
					 43.362.040 to city or town designated
					receiving areas. Transfers of development rights may be between any county and
					any city or town within the four-county region. A transferring county shall
					consult in good faith with the county in which a city is located in regards to
					transfers of development rights between counties and cities, and the subsequent
					designated receiving area and receiving area ratio in the city or
					town.
(2) Utilization of this
					chapter for transfers of development rights between King, Pierce, Kitsap and
					Snohomish counties and the cities and towns within these counties is
					optional.
(3) Prior to using this
					chapter for transfers of development rights, a county must adopt transfer of
					development rights policies or regulations that designate sending areas
					consistent with
					RCW
					 43.362.040 and procedures to implement the
					regional transfer of development rights program.
(4) Prior to using this chapter for receiving
					development rights, a city or town must adopt policies or regulations that
					designate receiving areas and state the receiving area ratio or ratios for
					rights to be received.
(5) The
					terms and conditions that are adopted by reference by a city or town in
					sections 4 and 6 are not binding on the city or town unless the transferring
					county has also adopted required language in sections 5 and 6 by reference.
					Conversely, the terms and conditions that are adopted by reference by a
					transferring county in sections 5 and 6 are not binding on the county unless
					the receiving city or town has also adopted required language in sections 4 and
					6 by reference.
Statutory Authority:
							RCW
							43.362.050. 10-18-066, §
										365-198-020, filed 8/30/10,
							effective 9/30/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-198 - Interlocal terms and conditions for the transfer of development rights › Section 365-198-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
						unless the context clearly requires otherwise.
(1) "Department" means the department of
					commerce.
(2) "Development rights
					credit" means the tradable good representing development rights. Development
					rights credits are purchased and sold, either on the open market or through a
					transfer of development rights bank. For sending site landowners, credits are
					assigned and certified by the transferring county based on the number of
					development rights assigned to their property pursuant to the county's transfer
					of development rights program. For developers, credits are based on the
					receiving area ratio.
(3)
					"Receiving area ratio" means the number or character of development rights that
					are assigned to a development right for use in a receiving area. Development
					rights in a receiving area may be used at the discretion of the receiving area
					jurisdiction, including but not limited to additional residential density,
					additional building height, additional commercial floor area, or to meet
					regulatory requirements. The receiving area jurisdiction exercises its
					discretion regarding the use of development rights when it adopts policies or
					regulations to allow the use of development rights.
(4) "Receiving areas" are lands within and
					designated by a city or town in which transferable development rights from the
					regional transfer of development rights program established by this chapter and
					certified by the transferring county may be used.
(5) "Receiving cities and towns" mean the
					cities and towns that have chosen to participate in the regional transfer of
					development rights program by receiving development rights pursuant to
					RCW
					 43.362.060.
(6) "Regional transfer of development rights
					program" means the regional transfer of development rights program established
					by RCW
					 43.362.030 in central Puget Sound, including
					King, Pierce, Kitsap, and Snohomish counties and the cities and towns within
					these counties.
(7) "Sending area"
					includes those lands designated by the county as sending areas from which
					transferable development rights can be sold, and that meet conservation
					criteria as described in
					RCW
					 43.362.040 as follows:
(a) Land designated as agricultural or forest
					land of long-term commercial significance;
(b) Land designated rural that is being
					farmed or managed for forestry;
(c)
					Land whose conservation meets other state and regionally adopted priorities;
					and
(d) Land that is in current use
					as a manufactured/mobile home park as defined in
					chapter
					59.20 RCW.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-198 - Interlocal terms and conditions for the transfer of development rights › Section 365-198-040 - Terms and conditions for cities and towns

Current through Register Vol. 24-14, July 15, 2024
(1) Cities and towns that choose to the use
					this chapter as an alternative to an interlocal agreement must adopt the
					following terms and conditions by reference to this chapter in an ordinance or
					resolution:
(a) The city or town has adopted
					policies or regulations for receiving areas per attached ordinance(s) or
					resolution(s);
(b) Upon good faith
					consultation with the transferring county, and the county from within which the
					city is located, the city or town has designated receiving areas in the city or
					town within which transferable development rights or development rights credits
					may be used per attached ordinance(s) or resolution(s);
(c) Upon good faith consultation with the
					transferring county, and the county from within which the city is located, the
					city or town has adopted receiving area ratio or ratios for the transferable
					development rights or development rights credits to be received per attached
					ordinance(s) or resolution(s);
(d)
					The city or town, in consultation with the county from within which the city or
					town is located and the transferring county, shall develop a process to notify
					the transferring county when it has approved the use of transferable
					development rights or development rights credits for a specific project in the
					designated receiving area to allow the transferring county to track and
					extinguish credits as they are used. For purposes of this chapter, a city's or
					town's approval under this subsection occurs when the city or town planning
					department has issued the first building permit for a project using development
					rights credits. Prior to development approval, the city or town shall consult
					with the transferring county to ensure the development rights credit or credits
					proposed for development use in the designated receiving area are valid. The
					county shall respond to the city or town as to whether the development rights
					credits are valid within a reasonable time; and
(e) The city or town shall work with the
					transferring county and the department to identify performance measures
					consistent with
					RCW
					 43.362.070 to report to the transferring
					county and the department.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-198 - Interlocal terms and conditions for the transfer of development rights › Section 365-198-050 - Terms and conditions for counties

Current through Register Vol. 24-14, July 15, 2024
(1) Counties that choose to use this chapter
					as an alternative to an interlocal agreement must adopt the following terms and
					conditions by reference to this chapter in an ordinance or resolution:
(a) The county has adopted policies,
					regulations and administrative procedures to implement the regional transfer of
					development rights program, including but not limited to:
(i) Facilitating and promoting the
					qualification and certification of transferable development rights to eligible
					property owners for the sale of their transferable development rights from
					properties in the county's designated sending areas consistent with
					RCW
					 43.362.040;
(ii) Establishing procedures to facilitate
					the sale of transferable development rights or development rights credits;
					and
(iii) Establishing procedures
					to require, maintain, and enforce deed restrictions on a sending site from
					which transferable development rights or development rights credits are
					purchased in order to prohibit those sites from being developed in violation of
					deed restrictions.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-198 - Interlocal terms and conditions for the transfer of development rights › Section 365-198-060 - Joint terms and conditions for counties, cities and towns

Current through Register Vol. 24-14, July 15, 2024
Counties, cities, and towns that choose to use this chapter as
						an alternative to an interlocal agreement must adopt the following joint terms
						and conditions by reference to this chapter in an ordinance or
						resolution:
(1) The county and city or
					town shall establish an evaluation and monitoring program based on quantitative
					and qualitative performance measures developed by the department for monitoring
					the regional transfer of development rights program under
					RCW
					 43.362.070.
(2) The county and city or town shall enter
					into a dispute resolution process through mediation, with an agreed upon
					mediator and process, if agreement cannot be reached regarding interpretation
					or implementation of any terms and conditions in this chapter adopted by
					reference. The parties shall use the mediation process in good faith to attempt
					to come to agreement early in the process, and prior to any appeals or
					litigation that they might otherwise be entitled to bring.
(3) The terms and conditions in this chapter
					adopted by reference shall become effective on the effective date of the
					adopting ordinance or resolution.
(4) The county, city or town may repeal the
					provisions of this chapter adopted by reference upon ninety days' written
					notice by the transferring county to the cities or towns or by cities and towns
					to the transferring county if:
(a) The city or
					town's development regulations allowing the use of development rights credits,
					or the provisions of the county's development regulations allowing transfer of
					development rights to cities are held invalid by any court of competent
					jurisdiction in a final judgment no longer subject to appeal; or
(b) The county, city or town materially
					defaults in the performance of the obligations as set forth in provisions of
					this chapter adopted verbatim or by reference, and fails to cure the default
					within thirty days' of receipt of written notice from the county, city or
					town.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-198 - Interlocal terms and conditions for the transfer of development rights › Section 365-198-070 - Template for adopting terms and conditions

Current through Register Vol. 24-14, July 15, 2024
The department shall provide an ordinance or resolution
						template for adopting terms and conditions verbatim by reference consistent
						with this chapter for use by counties, cities and towns participating in the
						regional transfer of development rights program.
Statutory Authority:
							RCW
							43.362.050. 10-18-066, §
										365-198-070, filed 8/30/10,
							effective 9/30/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-199 - PROCEDURES FOR MAKING A DETERMINATION OF COMPLIANCE FOR JURISDICTIONS SEEKING VOLUNTARY REVERSION TO PARTIAL PLANNING STATUS › Section 365-199-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
(1) The
					purpose of this chapter is to outline the procedures the department shall use
					when making a determination of compliance under
					RCW
					 36.70A.060(1)(d).
(2) These rules are adopted under the
					authority of
					RCW
					 36.70A.060(1)(d)(v).
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-199 - PROCEDURES FOR MAKING A DETERMINATION OF COMPLIANCE FOR JURISDICTIONS SEEKING VOLUNTARY REVERSION TO PARTIAL PLANNING STATUS › Section 365-199-030 - Review and application process

Current through Register Vol. 24-14, July 15, 2024
(1) A county that is not in compliance with
					RCW 36.70A.-060, 36.70A.040(4), 36.70A.070(5), 36.70A.170, and 36.70A.172 at
					the time it adopts a resolution for voluntary reversion, under
					RCW
					 36.70A.060(1)(d) must apply
					to the department for a determination of compliance.
(2) Notice of intent to apply for a
					determination of compliance.
(a) Not less
					than one hundred twenty days prior to applying for a determination of
					compliance, the county must notify the department in writing that it intends to
					apply for a determination of compliance. Prior notification allows the
					department to review proposed actions prior to final adoption and advise the
					county of the actions necessary to achieve compliance.
(b)The notice of intent to apply for a
					determination of compliance must include:
(i)
					A statement of all of the issues in which the county is not in compliance with
					the requirements of the Growth Management Act.
(ii) If applicable, a list of final orders,
					including number in which the growth management hearings board or court found
					the county not in compliance with the requirements of the Growth Management
					Act.
(iii) A proposed schedule
					identifying the actions necessary to come into compliance.
(iv) Identification of the date which the
					county intends to apply for a determination of compliance.
(c)The department will consult with state
					agencies with expertise that would be helpful in making its determination of
					compliance.
(d)Public notice of
					intent to apply for determination of compliance.
(i) The department will publish notice in the
Washington State Register
that a county has notified the
					department of its intent to request certification.
(ii) The department will post a copy of the
					notice of intent to apply for a determination of compliance on the department
					web site.
(iii) The department will
					notify state agencies with expertise that a county has notified the department
					of its intent to apply for a determination of compliance.
(iv) The department will notify the parties
					of record in the case or cases before the growth management hearings board that
					resulted in the finding of noncompliance for which the county is seeking a
					determination of compliance.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-199 - PROCEDURES FOR MAKING A DETERMINATION OF COMPLIANCE FOR JURISDICTIONS SEEKING VOLUNTARY REVERSION TO PARTIAL PLANNING STATUS › Section 365-199-040 - Evaluation criteria

Current through Register Vol. 24-14, July 15, 2024
Criteria for evaluation of applications.
(1)The determination of compliance requires a
					finding that the county's comprehensive and development regulations, including
					critical areas regulations, are in compliance with the requirements of
					RCW
					 36.70A.040(4),
					36.70A.060,
					36.70A.070(5),
					36.70A.170, and
					36.70A.172.
(2) The scope of the department's review is
					limited to outstanding findings of noncompliance established in an order from
					the growth management hearings board or court. Issues or provisions of the
					ordinance that were found in compliance, or were not timely challenged at the
					time of adoption, are not subject to review by the department.
(3)The department must base its decision on
					the record developed by the county during the process of coming into
					compliance.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-199 - PROCEDURES FOR MAKING A DETERMINATION OF COMPLIANCE FOR JURISDICTIONS SEEKING VOLUNTARY REVERSION TO PARTIAL PLANNING STATUS › Section 365-199-050 - Sharing of appeal costs

Current through Register Vol. 24-14, July 15, 2024
(1) If
					the department approves an application for determination of compliance, the
					department and the county must equally share the costs incurred by the
					department for defending an approval of determination of compliance that is
					before the growth management hearings board.
(2) If the department denies an application
					for determination of noncompliance, the county is not required to share in the
					cost of defending the agency action.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-200 - The affordable housing program › Section 365-200-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted under the authority of
						chapter
						43.185 RCW which provide
						that the department shall have the authority to promulgate rules governing the
						award of grants and loans.
Statutory Authority:
							Chapter
							43.185 RCW. 92-06-005
							(Order 92-02), §
										365-200-010, filed 2/20/92,
							effective 3/22/92.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-200 - The affordable housing program › Section 365-200-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of the affordable housing program is to provide
						financial assistance, and develop and coordinate public and private resources
						to meet the affordable housing needs of low-income households in the
						state.
Statutory Authority:
							Chapter
							43.185 RCW. 92-06-005
							(Order 92-02), §
										365-200-020, filed 2/20/92,
							effective 3/22/92.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-200 - The affordable housing program › Section 365-200-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Affordable
					housing" means residential housing for rental or private individual ownership
					which, as long as the same is occupied by low-income households, requires
					payment of monthly housing costs, including utilities other than telephone, of
					no more than thirty percent of the family's income.
(2) "Low-income" means a family or household
					earning eighty percent or lower of county median income.
(3) "Very low income" means a family or
					household earning fifty percent or lower of county median income.
(4) "Department" means the department of
					community development.
(5)
					"Director" means the director of the department of community
					development.
Statutory Authority:
							Chapter
							43.185 RCW. 92-06-005
							(Order 92-02), §
										365-200-030, filed 2/20/92,
							effective 3/22/92.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-200 - The affordable housing program › Section 365-200-040 - Eligible applicants

Current through Register Vol. 24-14, July 15, 2024
Eligible applicants for funding include local governments,
						local housing authorities, nonprofit community or neighborhood-based
						organizations, and regional or statewide nonprofit housing assistance
						organizations.
Statutory Authority:
							Chapter
							43.185 RCW. 92-06-005
							(Order 92-02), §
										365-200-040, filed 2/20/92,
							effective 3/22/92.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-200 - The affordable housing program › Section 365-200-050 - Content and criteria for approval of the needs assessment

Current through Register Vol. 24-14, July 15, 2024
The department shall not approve a request for assistance
						unless it has received and approved a housing needs assessment. The affordable
						housing needs assessment shall:
(1)
					Describe the jurisdiction's current needs for housing assistance for very
					low-income households, low-income households, and special-needs
					populations;
(2) Estimate the need
					for a five-year period; and
(3)
					Contain a strategy to meet the need. The needs assessment shall:
(a) Contain population demographics including
					age, race, household income, and household type;
(b) Provide a ten-year summary of population
					changes and a projection of population changes for the next ten
					years;
(c) State the number and
					percentage of persons and households at eighty percent and lower of county
					median income;
(d) Identify the gap
					between the number of households at eighty percent of median and the number of
					affordable rental and for-sale units which are needed;
(e) Identify the amount of average assistance
					required to close the gap for a household at eighty percent of county median
					income with not more than thirty percent of household income to be used for
					housing costs including utilities; and
(f) Contain a description of local existing
					housing conditions including vacancy rates, average rents, average for-sale
					house prices, units in need of rehabilitation, units in need of weatherization,
					and the number of new units in the past five years and their type.
The department may accept a local housing element, a certified
						comprehensive housing affordability strategy, or a housing assistance plan, if
						consistent with the provisions of this section. To be approved a plan must
						contain the number of households at eighty percent or lower of county median
						income and state the average amount of assistance required per household to
						enable access to affordable housing at fair market rents or to average sales
						prices with no more than thirty percent of the household's income, including
						utilities, and comply with the above requirements.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-200 - The affordable housing program › Section 365-200-060 - Notice

Current through Register Vol. 24-14, July 15, 2024
During each calendar year in which funds are available for use
						by the department for the affordable housing program the department shall
						announce to all known interested parties, and through major media throughout
						the state, a grant and loan application period of at least ninety days
						duration. This announcement shall be made as often as the director deems
						appropriate for proper utilization of resources.
Statutory Authority:
							Chapter
							43.185 RCW. 92-06-005
							(Order 92-02), §
										365-200-060, filed 2/20/92,
							effective 3/22/92.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-200 - The affordable housing program › Section 365-200-070 - Advice and input of the low-income assistance advisory committee

Current through Register Vol. 24-14, July 15, 2024
With the advice and input of the low-income assistance advisory
						committee appointed by the director, the department shall develop criteria to
						evaluate applications for assistance.
Statutory Authority:
							Chapter
							43.185 RCW. 92-06-005
							(Order 92-02), §
										365-200-070, filed 2/20/92,
							effective 3/22/92.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-205 - Individual development accounts › Section 365-205-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of the individual development accounts (IDA)
						program is to create incentives and support for savings and purchases of major
						assets by low-income people in Washington state. IDAs will promote job
						training, home ownership, and business development among low-income individuals
						and provide assistance in meeting the financial goals of low-income
						individuals. Additionally, a special IDA program for foster youth is described
						below.
The changes made in state statute to create this program can be
						found in RCW  43.79A.040 and
						chapter
						43.31
						RCW.
Statutory Authority:
							RCW
							43.79A.040 and
							chapter
							43.31 RCW. 05-21-091,
							§
										365-205-010, filed 10/18/05,
							effective 11/18/05.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-205 - Individual development accounts › Section 365-205-020 - What are individual development accounts (IDAs)?

Current through Register Vol. 24-14, July 15, 2024
IDAs are matched savings accounts for low-income households
						that are designed to help them invest in assets, such as home ownership, small
						business, or postsecondary education. The state will match eligible savings at
						a rate of one dollar for every dollar deposited by an IDA accountholder into
						their account. Accountholders can earn up to four thousand dollars in state
						match.
Statutory Authority:
							RCW
							43.79A.040 and
							chapter
							43.31 RCW. 05-21-091,
							§
										365-205-020, filed 10/18/05,
							effective 11/18/05.