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HomeMy WebLinkAboutOrdinance 93-148-CCr GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 93 - 148 -CC RESOLUTION NUMBER 93 -148 -CC AN ORDINANCE PROVIDING FOR MITIGATION OF ADVERSE IMPACTS, IMPLEMENTING RECOVERY OF COUNTY COSTS, AND IMPOSING CONDITIONS FOR PROCESSING OF WASTE DISPOSAL DEVELOPMENT PROPOSALS WHEREAS, the number of land development applications relating to waste disposal in Grant County (the "County") , can reasonably be anticipated to increase in the future, and WHEREAS, the anticipated applications may involve increasingly large and more complex projects that the County has in its history had to process, and WHEREAS, the County intends to conduct a full environmental analysis of all such projects in accord with Chapter 43.21 C RCW, to assure that adequate mitigation measures are identified and implemented if the projects are approved, and WHEREAS, it is necessary that the County be able to retain highly qualified experts and attorneys in order to advise it in reference to environmental concerns and potential adverse impacts upon the County, and WHEREAS, the review and/or permitting process for such projects may require various County departments (e.g., administration, building and planning, health, engineering and legal) to expend considerable staff time and to obtain the use of specialized consultants and experts, and WHEREAS, during the pre -construction or development phase of these projects there is no revenue to support the County's anticipated extraordinary review and processing cases, and WHEREAS, the applicant/Proponent of a land development project involving waste disposal should be required to bear the costs incurred in reviewing and processing the proposals rather than have the cost borne by the taxpayers, and WHEREAS, the following procedures are deemed necessary, at a minimum, to protect the public health, safety and welfare on an emergency basis pending further, more extensive legislation by the Board of County Commissioners, (Commissioners), now BE IT ORDAINED by the Board of Commissioners of Grant County, as follows: 1. SCOPE. This ordinance applies to all "land development proposals" relating to entities whose sole purpose in this County is disposal of waste as defined in this ordinance. 2. PURPOSE. This Ordinance is intended to implement existing codes, ordinances, regulations and policies by establishing procedural review and comment. It is not intended to create any new or additional substantive requirements or burdens on land development, except as specifically stated in the preceding sections. 3. DEFINITIONS. A. "Land development proposal" means any proposal for the development of land within Grant County for waste disposal and requiring approval by either State or Federal agencies for the activity(ies) to be conducted upon or associated with the land. B. "Proponent" means the applicant or the successor in interest to the applicant of a land development proposal. C. "County" means the unincorporated areas of Grant County. D . "Waste" means: (1) "Solid waste" as defined by RCW 70.95.030(16); (2) "Dangerous waste" as defined by RCW 70.105.010(5); (3) "Extremely hazardous waste" as defined by RCW 70.105,010(6); (4) "Hazardous household substances" as defined by RCW 70.105.010(13); (5) "Hazardous waste" as defined by RCW 70.105.010(15); (6) , "Special incinerator ash" as defined by RCW 70.138.020(8) all as now exist or as may later be amended. z E. "Disposal" means the treatment, utilization, processing, decontamination or final deposit of wastes (once they have been discarded or abandoned), whether by incineration, landfill or recycling. 4. INITIAL APPLICATION. A copy of any land development proposal located in the County and relating to waste disposal shall be submitted to the Commissioners: (a) within ten (10) days after the application is submitted to the appropriate Federal or State agency; or (b) at the time negotiations are commenced to locate a site within the County, whichever first occurs. If requested, the Commissioners shall make an initial determination as to whether the development proposal may be exempted, and, if so, will inform the applicant in writing. 5. EXEMPTIONS. The Commissioners may, in their discretion and upon written application, exempt a project from the requirements of this Ordinance if they find that: (a) No governmental approval or permit, other than a building permit is required; and (b) State Environmental Policy Act (SEPA) compliance will be achieved through issuance, by the responsible official, of an unmitigated negative impact statement. 6. COSTS INCURRED BY THE COUNTY: A. The Proponent of a land development proposal shall pay to the County the reasonable costs to the County for review or processing applications, inspecting and reviewing plans, and/or preparing detailed statements required by Chapter 43.21C RCW. These costs include, but are not limited to: engineering, planning, environmental, inspection, legal and administrative costs. B. Following a joint meeting with the Proponent to discuss the scope of review, time limits for review and the need for outside consultants, the Proponent shall initially deposit with the County a sum, to be determined by the Commissioners equivalent to estimated County costs to review and/or process the land development proposal. County costs shall be invoiced to and deducted from these funds. The deposit made by the Proponent shall be held in a reserve account and may only be expended to pay costs identified in Section 5(a) above. The reserve account shall be an interest bearing account at prevailing rates of interest. Accrued interest shall be to the account of the Proponent. C. If the Commissioners should determine that the deposit may become exhausted, an additional deposit in an amount equal to further estimated County costs shall be required. D. If project review is anticipated to take more than six (6) months, the Commissioners may direct that sufficient funds be deposited at designated intervals, not to exceed six (6) months and subject to subparagraph (C) of this section. E. The obligation of the Proponent to pay actual County costs incurred in processing the land development proposal under this ordinance fulfills requirements imposed by the fee schedules of any and all other County ordinances and resolutions. F. All County department heads shall request reimbursement from the County Auditor by submitting an invoice/ voucher detailing itemization of all costs. Invoices shall be made available for review and copying if required by the Proponent. G. The Proponent's obligation to deposit funds shall commence ten (10 ) days following a written request by the County. H. The Proponent shall remain responsible for all costs incurred by the County, whether or not a favorable recommendation or approval is granted, and even if the Proponent cancels an application prior to the permit or approval decision. The Proponent shall not be responsible for any costs incurred by the County following the County's receipt of written notice by the Proponent directing the County to halt further action on the permit or approval decision. 7. NOTICE. The County Auditor shall prepare a letter to the Proponent informing the Proponent of the initial deposit and any subsequent deposits required, and shall copy such letter(s) to all County department heads. No County process or review shall occur until the deposit has been made. Processing and review shall be suspended if the deposit has been depleted and a subsequent deposit has not been received. 8. COSTS DETERMINATION. A. All services provided by County employees shall be charged at a rate of per hour with a minimum fee of for periods of one half hour or less. B . All costs provided by outside consultants or attorneys shall be charged at a rate they bill the County and the County shall not add a multiplier. The County shall advise the Proponent of the County's intention to retain outside consultants, and shall provide the Proponent an opportunity to comment. JA C. All costs for copying, printing, publication, et cetera, shall be charged at the County's actual costs. 9. REFUND. If the amount deposited for any project exceeds the costs actually incurred by the County with regard to the project, then any excess funds, with accrued interest, if any, will be returned to the Proponent within fifteen (15) working days of the date Proponent's application is approved, rejected or withdrawn. 10. COMPLIANCE REQUIRED FOR PERMIT ISSUANCE. No final permit, approval or recommendation shall be issued without the County Auditor confirming, through the issuance of a certificate, that the costs incurred to date by the County in the processing or review of the application have been paid in full by the Proponent. 11. VALIDITY OF ORDINANCE. If any phrase, section or provision of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, phrase, or part not adjudged invalid or unconstitutional. 12. EFFECTIVE DATE. This Ordinance shall be effective January 1, 1994. PASSED this �; day of December, 1993. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Helen Fancher, Chair erson LeRoy A son Tim Snead/ F.Aw NO v 003 APPROVED AS TO FORM ONLY: Stephen J. Hallstrom Deputy Prosecuting Attorney PUBLISHED: !j -1�1a - g I vL 11 -,�;2 L j