Interlocal Agreement between the City of Chehalis and Lewis County BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
APPROVE AN INTERLOCAL AGREEMENT BETWEEN ) RESOLUTION NO. 18- l -I$
THE CITY OF CHEHALIS AND LEWIS COUNTY AND )
AUTHORIZING SIGNATURES THEREON
WHEREAS, Chapter 39.34 RCCW,the Interlocal Cooperation Act, provide for interlocal cooperation
between governmental agencies to make the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage; and
WHEREAS,the parties, Lewis County and the City of Chehalis, intend to enter into an interlocal
Agreement (ILA) to jointly manage the Chehalis Urban Growth Area (UGA); and
WHEREAS,the County has adopted by reference certain City regulations to apply within the Chehalis
UGA and that consistent application of such regulations will facilitate development within the UGA in
accord with the comprehensive plan of the City and RCW Chapter 36.70A; and
WHEREAS, it is the long term goal of the City to annex the UGA into the City and that the County
and the City recognize that it is in the best public interest that until those annexations are
completed for the City to apply the land use and building policies and regulations within the
unincorporated UGA on behalf of the County.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners(BOCC) has determined
that the ILA with the City of Chehalis, for the purpose of jointly managing the Chehalis UGA to be in the
best interest of the public:and
NOW THEREFORE, BE IT FURTHER RESOLVED that the BOCC authorizes the Director of Community
Development to sign the ILA with the City of Chehalis on behalf of the County to sign the same on behalf
of Lewis County.
DONE IN OPEN SESSION THIS OV DAY OF , 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON
By: Civil puty Prosecuting Attorney Ed J. Fund, Chair/7V-
ATTEST: Robert .Jackson,Vice Chair
••••••
.•c,COUNTk • l•
Rieva Lester, Clerk of the Board 4ctiti�$pARD ary mper, Commissioner
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s 5 iB SINCE \cc21:)..•
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INTERLOCAL AGREEMENT
This agreement is made by and between the City of Chehalis (herein after
referred to as the City) and Lewis County (herein after referred to as the County),
political subdivisions of the State of Washington, pursuant to the Interlocal Cooperation
Act, RCW 39.34.
WHEREAS, the County designated an urban growth area (UGA) for the City
pursuant to the RCW 36.70A.1 10 and the countywide planning policies;
WHEREAS, the UGA consists of unincorporated lands already characterized by
urban growth that have existing public facilities and service capabilities to serve such
development as well as additional lands deemed necessary to accommodate future
urban growth at urban densities; and
WHEREAS, the consistent application of the City's development regulations will
facilitate urban development within the UGA in accordance with the City's
comprehensive plan; and
WHEREAS, cooperative relationships between the City and the County benefit
both jurisdictions and the residents and businesses within the unincorporated urban
growth area; and
WHEREAS, the County recognizes that until annexation occurs, it is in the public
interest for the City to administer specific development regulations within the UGA; and
WHEREAS, there is a need for clear procedures between the City and the County
to facilitate annexation of unincorporated UGA lands into the City; and
WHEREAS, it is appropriate that to implement such arrangements an interlocal
agreement setting forth terms and conditions between the City and the County is
necessary;
NOW,THEREFORE, in consideration of the terms and conditions contained herein,
the City and County agree as follows:
Section 1. Definitions
(A) "Capital investment" means any roadway or roadway feature exceeding
$100,000 in construction cost which is approved by the County on or after the
date of this agreement, and which is fifty percent (50%) or more completed
during the effective dates of this agreement.
(B) "Chehalis Urban Growth Area (UGA)" means the urban growth area adopted
pursuant to RCW 36.70A.1 10 (Comprehensive plans-urban growth areas) as
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illustrated in Chapter 17.200 Lewis County Code (LCC- Maps), and in
conjunction the City of Chehalis comprehensive Plan.
(C) "City" means the City of Chehalis, Washington.
(D) "CMC" means Chehalis Municipal Code.
(E) "County" means Lewis County, Washington.
(F) "LCC" means Lewis County Code.
(G) "Project permit application" means any land use or environmental permit or
license required from the City or the County for a project action, including but
not limited to building permits, subdivisions, binding site plans, planned unit
developments, conditional uses, shoreline substantial development permits,
site plan review, permits or approvals required by critical area ordinances, site-
specific rezones authorized by a comprehensive plan or subarea plan, but
excluding the adoption or amendment of a comprehensive plan, subarea
plan, or development regulations. [Note: RCW 36.70B.020 (4)]
(H) "Roadway feature" means any improvement within, or adjacent to the right-
of-way that materially supports roadway function, such as traffic signals, traffic
control devices, roadway signage, bridges, drainage structures, and storm
water facilities.
Section 2. County and City authority within the unincorporated Chehalis UGA.
(A) The County and County Board of Health shall retain all permitting, regulatory
authority, and adopted policies within the unincorporated Chehalis UGA
except as provided in (B) of this section.
(B) The County grants the City permitting authority for the implementation of the
following provisions:
(1) Appendix Chapter E CMC (List of International, Uniform, and SBCC
Codes Adopted by the City);
(2) Chapter 13.04 CMC (Water system);
(3) Chapter 13.08 CMC (Sewer system);
(4) Title 15 CMC (Environment);
(5) Title 17 (Uniform Development Regulations); except the County shall
retain authority relating to the following items:
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(a) Approval of final plats. In accordance with CMC 17.12.178 (Final
plat review and approval-Outside city limits) and .180 (Recording
and maintenance of the plat):
(i) Upon receipt of the final plat and accompanying data
specified, the City's DRC shall review the final map and
document to determine whether the plat conforms with the
approved preliminary plat and complies with the provisions of
this title and other applicable laws.
(ii) Within 28 days, the DRC shall submit a staff report and the final
plat with a recommendation to the board of county
commissioners.
(iii) The board of county commissioners shall approve all final plats
in the unincorporated UGA.
(iv) The board of county commissioners may take such action on
such final plat application as they deem appropriate.
(v) Upon approval by the board of county commissioners, the
County community development director shall forward the
final plat to the county auditor's office for recording.
(vi) The original of the final plat shall be filed by the County
community development director for record with the county
auditor within 30 days of approval. The original of the final plat
shall be maintained by the community development director
and copies of such plat shall be made available to any party
at cost.
(vii) The applicant shall submit to the county final plat approval fees
as provided under LCC Title 18 Fee Schedule.
(b) The County shall retain Lead Agency status as provided under
Section 17.15.060 CMC (State Environmental Policy Act) for any
County sponsored projects within the unincorporated UGA;
(c) The County shall retain all administration and permitting authority
under Chapter 17.22 CMC (Frequently Flooded Areas- Flood
Hazard Zones [FHZ]); and
(d) Siting and permitting of facilities for marijuana production,
processing, and retail sale;
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(C) Until the final adoption of a draft Shoreline Master Program consistent with
Chapter 173-26 WAC (State Master Program approval/amendment
procedures and Master Program Guidelines), the City shall adopt and
administer Chapter 17.25 LCC (Shoreline Management) within the
unincorporated Chehalis UGA.
Section 3. Interjurisdictional Coordination on Project Permit Applications.
(A) Except within FEMA designated 100-year floodplain, the City may issue
expedited approval without County review and comment for the following
project permit applications authorized under Section 2:
(1) Building permits issued under Appendix Chapter E, CMC (List of
International, Uniform, and SBCC Codes Adopted by the City):
(a) Mechanical and plumbing permits;
(b) Repair, restoration, or remodel of existing structures, including re-
roofing projects;
(c) Additions and extension to existing residential structures;
(d) Construction of new single-family residences on existing lots;
(e) Construction or modification of non-building structures, such as
swimming pools, fences, and retaining walls; and
(f) Connection from existing sewer and water utility lines; and
(2) Variances under approved under Section 17.09.120 CMC (Variances).
(B) For all other project permit applications under the authority granted to the City
under Section 2 (B) of this Agreement, the City shall forward to the Lewis
County Department of Community Development the following:
(1) Copy of the development application and all related materials;
(2) Copy of SEPA checklist and threshold determination, if applicable; and
(3) Copy of the notice for public hearing, if applicable.
(C) The County shall review the development application and provide comment
to the City within 15 days of receiving notice under (B) of this section. The City
shall not act on the development application until consideration of the
County's comments.
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(D) Any party may appeal a decision by the City's Development Review
Committee, Planning Commission, or Hearing Examiner to the County in
accordance with Section 2.25.020(3)(a), LCC (Hearing Examiner).
(E) The City may appeal an administrative decision taken by the County within the
Urban Growth Area in accordance with Section 2.25.020(3)(a), LCC (Hearing
Examiner).
(F) Both the City and the County shall have access to all information and
documents held by either party relating to a project permit application,
approval, and/or appeal within the Urban Growth Area.
Section 4. Infrastructure development standards
(A) New city streets within the unincorporated Chehalis UGA shall conform to the
design and construction standards set forth under Article III, Sections 12.04.270
through .330 CMC (General considerations; Streets; Sidewalks, curbs and
gutters; Illumination; Signals; Roadside features;Traffic impact analysis). Streets
identified for mitigation within a traffic impact analysis under Section 12.04.330
J CMC (Traffic impact analysis) shall similarly conform to the design and
construction standards under Section 12.04.280 CMC (General considerations).
(B) New or expanded development within the unincorporated Chehalis UGA shall
meet the storm drainage and erosion control design and construction
standards set forth under Article IV, Sections 12.04.340 (Stormwater
management) and 12.04.350 CMC (Erosion control).
Section 5. Code enforcement.
(A) Code enforcement in the unincorporated Chehalis UGA shall be a
cooperative effort between the City and the County and shall be coordinated
through the designated official for each jurisdiction.
(1) The code enforcement designated official for the City shall be the
Development Review Specialist.
(2) The code enforcement designated official for the County shall be the
Environmental Services Supervisor.
(B) Whenever the City or the County receives a code violation complaint within
the unincorporated Chehalis UGA, the designated official will immediately
notify their designated counterpart by telephone, in writing, or personal
contact.
(C) The City shall provide assistance to the County in code violations related to the
following code provisions:
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(1) Appendix Chapter E CMC, List of International, Uniform, and SBCC
Codes Adopted by the City;
(2) Chapter 13.04 CMC (Water System);
(3) Chapter 13.08 CMC (Sewer System);
(4) Title 15 CMC (Environment);
(5) Title 17 CMC (Uniform Development Regulations); and
(6) Chapter 17.25 LCC (Shoreline Management).
(D) The City shall assist the County in code violations for any code authority
granted to the City under Section 2 (B) by conducting all investigations and
seeking voluntary compliance from the violator. The City designated official
shall consult with the County designated official throughout this process,
including providing the County notification whenever the City discusses a
violation before the Development Review Committee.
(E) If voluntary compliance in resolving the violation is not possible, the City
designated official shall assemble all written reports and affidavits related to
the violation into a single file and forward it to the County designated official.
Upon receipt of the file,the County designated official will review the file to
determine if the county will pursue issuing a citation, abatement, and/or lien
relating to the code violation. The County designated official shall
immediately notify the City designated official of the County's decision.
Section 6. Utilities.
The City agrees to make sewer and water utility service available#e-e apertiec in the
unincorporated Chehalis UGA consistent with CMC Chapters 13.04 (Water System) and
13.08 (Sewer System), provided there is adequate capacity and infrastructure in place
to accommodate the service increase. The City and the developer may enter in
latecomer agreements consistent with Section 12.04.130 CMC (Latecomer agreements)
to provide said utilities.
Section 7. Fees and Charges.
(A) The City shall retain any fees and charges for any project permit applications
that the County has granted jurisdiction to the City as provided under Section
2(B) of this agreement.
(B) Fees and charges for project permit applications within the unincorporated
Urban Growth Areas shall be the same as within the city limits.
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(C) The County shall retain all court fines and charges for code enforcement
actions within the unincorporated Chehalis UGA except as reciulated by
Section 2 (B).
(D) The City shall pay the cost of all fire investigations within the unincorporated
Urban Growth Area.
Section 8. Development Agreements
(A) The City may execute development agreements within the unincorporated
Chehalis UGA as provided by WAC 365-196-845 (17) (b) (Local project review
and development regulations).
(B) Upon annexation, the City shall assume all administrative duties for developer
agreements executed by the County within the affected area.
Section 9. Annexations.
(A) Unless the County agrees to retain a specific road in County jurisdiction, the
City shall annex the entire right-of-way of County roads adjacent to an
annexation boundary and will assume full maintenance responsibility for those
roads upon the effective date of annexation.
(B) The City shall not create through annexation an unincorporated island or a
peninsula substantially surrounded by property within the City.
(C) The City agrees to reimburse the County for the depreciated value of capital
road and/or stormwater construction projects and completed during the 5-
year period before annexation. Depreciation shall be based on a 5-year,
straight line depreciation.
Reimbursement shall be for the value of the County's share of funds spent for
the construction of the capital road and/or stormwater, excluding grant
funding or other outside funding sources. Reimbursement shall not include
costs incurred for routine maintenance expenditures. The actual
reimbursement amount and the timing of payments shall be negotiated
between the City and County before annexation occurs.
(D) The County shall retain its share of property taxes levied within an annexed
territory from the start of the fiscal year until the date the annexation is final.
The County shall retain any delinquent taxes owed, including penalties and
interest, before the date of annexation. Upon request by the City, the County
shall provide to the City the amounts owed.
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(E) In addition, the County shall retain its share of any delinquent property tax
revenues received after the date of annexation, including penalties and
interest.
Section 10. Agreement Oversight and Dispute Resolution.
(A) Communications regarding this Agreement shall be in writing and hand
delivered or sent by registered mail to the designated official of the jurisdiction
for which it is intended:
(1) Designated Official for Lewis County:
Community Development Director
2025 NE Kresky Avenue
Chehalis, WA 98532
(2) Designated Office for City of Chehalis:
City Manager
350 N. Market Blvd, Room 101
Chehalis, WA 98532
(B) The City and the County mutually agree to use mediation for a minimum of 90
days if agreement cannot be reached on any provision of this agreement.
After the 90-day period, any party may elect to utilize binding arbitration. If
arbitration is necessary, one member of the arbitration team shall oe selected
by the City, one member shall be selected by the county, and the third
member shall be selected by the other two members. The decision of the
arbitration team on the issue shall be final.
Section 11. Hold Harmless.
The City shall protect, save harmless, and indemnify at its own expense, the County, its
elected and appointed officials, officers, employees, and agents, from any loss or claim
for damages of any nature whatsoever arising out of the City's performance of this
agreement. The County shall protect, save harmless, and indemnify at its own expense,
the City, its elected and appointed officials, officers, employees, and agents, from any
loss or claim for damages of any nature whatsoever arising out of the County's
performance of this agreement.
Section 12. Effective Date, Duration, and Termination
(A) This Agreement shall be effective upon signature by both the City of Chehalis
City Manager and Chair of the Board of County Commissioners.
(B) This agreement shall remain in effect until May 1, 2023 unless modified or
terminated by written agreement of both parties.
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(C) Either party may terminate this Agreement at will after giving the other party at
least 30-days' notice.
Section 13. Severability
If any provision of this agreement or its application to any person or circumstance is
held invalid, the remainder of the provisions and/or application of the provisions to
other persons or circumstances shall not be affected.
EXECUTED IN TRIPLICATE and effective as of the date and year first above written.
9 25-f�' JZ c� c-� Li (4,
Jill nder on date Lee Napier dat
City Manager Director of Community Development
APPROVED AS TO FORM: APPROVED AS TO FORM:
Jonathan L. Meyer, Prosecuting Attorney
tik■
4 ', .. ` . q
By: City Attorney •ate By: Civil Deputy date
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Chehalis Unincorporated Urban Growth Area
Quick Reference Tables and Diagram
City Permitting Authority Exceptions(Consult ILA)
• Building Codes (Appendix E CMC)
• Water systems (Chapter 13.04 CMC)
• Sewer systems (Chapter 13.08 CMC)
• Title 15, Environment CMC
o Storm Water and Storm Water Runoff
o Land-disturbing activities
• Title 17,Uniform Development Regulations
CMC
o Division I. Administrative
o Division II.Subdivisions • Approval of final subdivision plat [see§2 (B)
(5) (a)]
o Division III. Environmental Districts • County assumes Lead Agency Status for
County sponsored projects [see§2 (B) (5) (b)]
• County retains administration &permitting for
frequently flooded areas [see§2 (B) (5) (c)]
• County retains siting &permitting of facilities
for marijuana production,processing,&retail
sale [see§2 (B) (5) (d)]
• Until City has approved SMP,City adopts&
administers County SMP [see§2 (C)]
o Division IV.Special Districts
o Division V.Land Use Zones (Zoning)
o Division VI, Us Chart/Zoning Map
o Division VII.General Provisions
City Code Enforcement Participation
• Building Codes (Appendix E CMC)
• Water systems (Chapter 13.04 CMC)
• Sewer systems (Chapter 13.08 CMC)
• Title 15, Environment CMC
• Title 17, Uniform Development Regulations CMC
"Fast Track" Permitting not requiring County Review
• The following Building Codes (Appendix E CMC) permits
o Mechanical and plumbing permits
o Repair,restoration,or remodel of existing structures,including re-roofing projects
o Additions&extensions to existing residential structures
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o Construction of new single-family residences on existing lots
o Construction or modification of non-building structures,such as swimming pools,fences, &
retaining walls
o Connections to existing sewer and water utility lines
• Variances issued under§17.09.120 CMC (Variances)
Project Permit Review Process
Complete Project
Permit Received by
City
City provide copies to County of:
Forward Project • Development application
Permit Application to — — — _ • SEPA checklist&threshold
County determination
Notice of public hearing,if
applicable
County reviews/
provides comment City does not act on project
to City within 15 — permit until considering County
days of receiving Comments
notice
DRC/PC/Hearing — _ _ _ Any party may appeal
Examiner takes decision to County Hearing
action Examiner
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Apr 30, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Interlocal Agreement between City of Chehalis and Lewis County regarding regulation and coordination with
the Chehalis Urban Growth Area.
Contact Lee Napier Phone: x2606
Department: Community Development APR 2 C 2018
Action Needed: Approve Resolution
•
Description
The purpose of the Chehalis Urban Growth Area (UGA) is to set aside an area that will accommodate future
urban growth associated with the City of Chehalis over the next 20 years. Under the Growth Management Act
and the Countywide Planning Policies, there is the expectation that a UGA eventually will incorporate
urbanized residential, commercial, industrial, and public lands.
Lewis County acknowledges that the land use policies of the City of Chehalis will best guide the extension of
urban development into the Chehalis UGA. The Interlocal Agreement (ILA) establishes a process whereby
both parties can work together to expedite the integration of the unincoporated UGA into the city.
Approvals:
User Group Status
Napier, Lee Pending
Lester, Rieva Pe .ng
Eisenberg, Eric Pending
Gowing, Graham Pending
York, Danette Pending
Martin, Erik Pending
Additional Copies
Lee Napier, Erik Martin, Eric Eisenberg, and Danette York