STEVENS
TITLE
1
PUBLIC
PARTICIPATION POLICY
Resolution No. 20-2002
Adopted
TABLE OF CONTENTS
Chapter 1:
Purpose
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .1
Chapter 2:
Structure
of the Planning Bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
A.
B.
Citizen
Advisory Committees
1.
Planning
Councils
2.
3.
Technical
Advisory Committee
4.
Sub-Area
Advisory Committee
C.
Board
of
Chapter 3:
Communication
Programs and Information Services . . . . . . . . . . . . . . . 7
Chapter 4:
Broad
Dissemination of Proposals and Alternatives . . . . . . . . . . . . . . . .8
Chapter 5:
Effective
Notice of Public Workshops, Meetings & Hearings . . . . . . . . . . 9
Chapter 6:
Provisions for Open
Discussion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
A.
Workshops
B.
Meetings
C.
Hearings
D.
Conduct
of Workshops, Meetings and Hearings to Provide for Equal Opportunities
Chapter 7:
Opportunities
for Written Testimony or Comment . . . . . . . . . . . . . . . . 14
Chapter 8:
Consideration
of and Response to Public Comments . . . . . . . . . . . . . . 15
Chapter 9:
Amendments
to Plans and Regulations . . . . . . . . . . . . . . . . . . . . . . . . 17
CHAPTER 1
One
of the goals of the Growth Management Act is to
encourage the involvement of citizens in the planning
process[1]. The Act also specifically requires the county
to establish procedures providing for early
and continuous public participation in the development and amendment of comprehensive land
use plans and development regulations implementing such plans. The procedures shall provide for broad
dissemination of proposals and alternatives, opportunity for written comments, public
meetings after effective notice, provision for open discussion, communication programs,
information services, and consideration of and response to public comments.[2] Further, the Act requires that public
participation requirements shall include notice procedures that are reasonably calculated
to provide notice to property owners and other affected and interested individuals,
tribes, government agencies, businesses, school districts, and organization of proposed
amendments to comprehensive plans and development regulations.[3]
The act provides no
specific methods for achieving public participation. Each
city and county presumably may tailor its policies and procedures so as to maintain
flexibility, manage resources economically and still comply with the goals and
requirements of the act.
The purpose of this policy
is to exceed the minimum requirements of the Growth Management Act by providing early and
continuous public participation opportunities equally to all residents of Stevens County
at all stages of the planning process while maintaining flexibility to be able to adapt
procedures appropriate to each situation by employing any methods that will bring the
public into the planning process and to manage available resources economically.
Planning
Council 1
Planning
Council 2
Planning
Council 3
Board of
In
addition,
Although each body and
committee play important yet significantly different roles as is explained below, each is
equally responsible for ensuring opportunities for public participation which meets the
spirit of this policy.
The
Stevens County Planning Department is the county agency with direct responsibility for the
implementation and administration of the Growth Management Act requirements. As such, most proposals and actions will be
initiated at the Planning Department level with the assistance of the Citizen Advisory
Committees in the visioning
process for draft regulations.
The term Citizen Advisory Committee
(CAC) shall apply to any committee established by the Board as having an advisory role in
the planning process. The extent of the
advisory role may vary from committee to committee as defined below. For the purpose of this Policy the following
committees shall be considered CACs:
Technical Advisory Committees
Sub-Area Advisory Committees
Planning Councils
Planning Commission
Membership to the CACs shall represent
not only the geographic areas of the County, but also the varied interests of its
citizenry. In selecting members to the CACs, the goal shall be to strive to maintain a
balanced representation from various groups, such as landowners, agricultural, forestry,
mining and business interest, environmental groups, community groups, tribal governments,
special districts, and other governmental agencies such as schools, fire districts and
utility districts. Composition of the CAC will
vary depending upon the topic of issues being considered.
Eligible
applicants to a Planning Council shall consist of residents of the respective Commissioner
District and/or such groups as listed above. Any
person wishing to serve as a member of a Sub-Area Advisory Committee shall be a property
owner and/or resident of the respective sub-area.
Any membership opening to a CAC shall be advertised as required in Chapter 5
herein. Any person wishing to serve as a
member shall submit an application to the Board by the established deadline. Applications for membership to the CACs
should include questions concerning the applicants' background such as
length of residency in
A
Planning Council shall be created in each district. Each
Planning Council shall consist of up to 21 members who shall be appointed by the Board. Initial terms of appointed members shall be
staggered. At the expiration of any member's
term, the Board may, in its discretion, reappoint the member for an additional four (4)
year term or appoint a new member.
Each
Council shall meet at least quarterly for updates on planning processes or as needed to be
informed of the adoption or amendment of a comprehensive plan or its elements, sub-area
plans, functional plans, and/or development regulations adopted under the GMA. Each Planning Council shall provide time at each
meeting to allow the property owners within the Council District to bring forward any and
all concerns for discussion. All meetings
shall be subject to the provisions of the Open Public Meetings Act, RCW Chapter 42.30. The meeting shall be conducted as prescribed in
adopted by-laws.
The
role of each Planning Council is:
· To broaden the base of public participation by
encouraging the early and continuous involvement of citizens in the planning process by
providing information and advising the public of proposals, alternatives, schedules of
hearings for oral testimony and deadlines for written comments;
· To represent the diverse perspectives of
· To form a dialogue and open discussions among
neighbors and provide a means of exchange of information between citizens and local
government officials and employees;
· To provide a broad
dissemination of proposals and alternatives by holding meetings in various locations
within each district.
The
requirement for the Planning Department to inform and advise the Planning Councils applies
only to proposals pertaining to the adoption or amendment of a comprehensive plan or its
elements, sub-area plans, functional plans, and/or development regulations adopted under
GMA, and does not apply to site specific official controls or development applications.
The
Planning Councils shall conduct workshops as defined in Chapter 6. Oral comments and suggestions made by the members
at the workshops shall be made part of the record. A
summary of the majority and minority positions, written by a council member designated at
each meeting, shall be composed and forwarded on as part of the record to the hearing
bodies. Members are also encouraged to submit
written comments and/or oral testimony to the respective hearing body and to participate
to the fullest extent each member desires in the review and adoption process. Members are also encouraged to inform and encourage
their neighbors and friends to publicly participate.
The
Stevens County Planning Commission is statutorily created pursuant to the provisions of
RCW Chapter 36.70. It consists of nine members
selected by the Board, each of whom serves four year terms and can be re-appointed for
successive terms.
The duties and authority of
the Planning Commission are specified in the provisions of Chapter 36.70 RCW.
They are usually the first
public body to hold hearings on any planning proposals, either of a general application
throughout the county, or specific site proposals such as formal subdivisions (long
plats). They then make formal recommendations
to the Board.
3. TECHNICAL ADVISORY COMMITTEE
The
Board, in its discretion and on a case by case basis, may appoint by Resolution a
Technical Advisory Committee (TAC) to review and make recommendations on issues dealing
with highly technical areas where expertise is needed.
If
the Board authorizes the formation of a new TAC, the Board shall establish a procedure for
taking applications and selecting membership to the TAC, including a term of service and a
method of reappointment (if any) or replacement of members.
The Board shall also establish rules, procedures and time frames for
recommendations by the TAC.
Membership
to a TAC shall be based upon specific knowledge that will contribute to the issue. In the formation of a TAC, the Board will seek to
have a variety of interests represented.
The
TAC shall follow the requirements of the Washington State Open Public Meetings Act (RCW
42.30). All meetings shall be open to the
public. The TAC shall publish notice of all
meetings, provide for open discussions, provide opportunities for comments, and consider
public comments, as provided in Chapters 5-8 herein. Minutes
of all meetings shall be kept for the record.
A
Planning Department staff person, or other staff, shall be assigned to the TAC to provide
staff support and maintain the record including meeting minutes. The record shall be available at the Planning
Department for review by the public.
The
TAC shall not be considered a hearing body, but merely an advisory body to the Board. The Board shall forward the TAC recommendation to
the Planning Councils for consideration and to the Planning Commission for public hearings
and recommendations, as provided herein.
4. SUB-AREA ADVISORY COMMITTEE
The
Board, in its discretion and on a case by case basis, may appoint by Resolution a Sub-Area
Advisory Committee (SAC) to review and make recommendations on issues dealing ONLY with
the adoption or amendment of sub-area plans.
If
the Board authorizes the formation of a new SAC, the Board shall establish a procedure for
taking applications and selecting membership to the SAC, including a term of service and a
method of reappointment (if any) or replacement of members.
The Board shall also establish rules, procedures and time frames for
recommendations by the SAC.
The
SAC shall follow the requirements of the Washington State Open Public Meetings Act (RCW
42.30). All meetings shall be open to the
public. The SAC shall publish notice of all
meetings, provide for open discussions, provide opportunities for comments, and consider
public comments, as provided in Chapters 5-8 herein. Minutes
of all meetings shall be kept for the record.
A
Planning Department staff person, or other staff, shall be assigned to the SAC to provide
staff support and maintain the record including meeting minutes. The record shall be available at the Planning
Department for review by the public.
The
SAC shall not be considered a hearing body, but merely an advisory body to the Board. The Board shall forward the SAC recommendation to
the Planning Councils for consideration and to the Planning Commission for public hearings
and recommendations, as provided herein.
Ultimately,
it is the Commissioners who finally decide on the direction and content of documents and
regulations that implement the requirements of the Growth Management Act.
CHAPTER 3
To
encourage public involvement, the public must be able to access information about Stevens County GMA
planning and planning issues.
· Develop and maintain,
update periodically, a World Wide Web (Internet) site containing information concerning
the local GMA planning process, meeting and hearing notices, minutes of meetings and
hearings, documents, drafts or maps.
· Establish, advertise and
maintain a call-in telephone line available toll free throughout the county which
announces GMA meetings, hearings and how and where various documents may be obtained or
viewed.
· Videotape workshops and Growth Management Hearings Board hearings and make copies available to interested parties to borrow or purchase.
· Compile, on an ongoing
basis, a list of parties interested in GMA issues. Names
may come from meeting and hearing sign-in sheets, written correspondence, known community
groups and specific requests to be included. The
list may be used for special mailings or individual notices as the county determines
appropriate to the situation.
· Compile, on an ongoing
basis, a list of public places of interest, such as libraries, post offices, granges,
community centers, rural businesses, etc. The
list may be used for special mailings or individual notices as the county determines
appropriate to the situation.
· Issue press releases or
media packets as the county deems appropriate to enlist the aid of the media in informing
the public of GMA issues, local planning activities, availability of documents, or meeting
and hearing dates.
· Assist individuals or
groups in finding staff and officials throughout the state with expertise in GMA issues to
make presentations or provide information.
CHAPTER 4
BROAD DISSEMINATION OF
PROPOSALS AND ALTERNATIVES
Proposals,
drafts, maps and other documents which are being considered for adoption, amendment or
revisions should be readily available and accessible well in advance of opportunities for
public discussion. Supporting documents,
reports, environmental reviews should also be readily available and accessible.
-
Proposals
or initial preliminary drafts being considered for official county action such as
adoption, revision or amendment shall be available 10 days prior to a public meeting or
hearing scheduled for public comment or testimony. They
need not be available prior to the conduct of any workshops where the topic is introduced
to the body if public comment is not a primary goal but shall be given to the body and
available to the public at the time of the workshop. All
recommended changes proposed by the Planning Department to a proposal or preliminary draft
shall be disseminated at the earliest convenience.
-
Proposals
or preliminary drafts shall be made available as follows:
·
Electronic
versions accessible through the World Wide Web Internet site;
·
Electronic
versions emailed to the Stevens County Rural Library District for dissemination to all
public libraries in the county;
·
Hard
copies for check-out or in-office review at the Planning Department and
·
Copies
available for the cost of reproduction through the Planning Department;
·
Electronic,
when available, or hard copies mailed to those parties contained in the ongoing list of
interested parties AND public places of interested established as per Chapter 3.
-
Meeting
and hearing notices shall state the availability and location of documents being
considered.
CHAPTER 5
EFFECTIVE NOTICE OF PUBLIC
WORKSHOPS, MEETINGS & HEARINGS
As specified in RCW
36.70A.035, notice procedures reasonably calculated to provide notice to property owners
and other affected and interested individuals, tribes, government agencies, businesses,
school districts, and organizations.
The following methods will
generally be used. However, the specifics of a
proposal may dictate other or better techniques or combinations of techniques to improve
dissemination of notice as may be warranted by the circumstances:
·
Legal
notices, as required by applicable statutes, by publishing notice in the official county
newspaper and, when available, a newspaper of general circulation in the area where the
proposal is located or that will be affected by the proposal;
·
Posting
on the
·
Announcements
on the GMA call-in telephone line;
·
Mailing
for posting in all post offices and public libraries serving the county and other
identified public places of interest;
·
Media
news releases to all newspapers and electronic media within the county;
·
Mailing
of notices to interested parties;
·
Posting
the property for site-specific proposals;
·
Notifying
public or private groups with known interest in a certain proposal or in the type of
proposal being considered;
·
Placing
notices in appropriate regional, neighborhood, ethnic, or trade journals; and
·
Publishing
notice in agency newsletters or sending notice to agency mailing lists, including general
lists or lists for specific proposals or subject areas.
·
Paid
Advertisements in local newspapers and electronic media within the county.
The identified methods shall
be implemented at least ten days prior to the date of a public meeting or hearing.
CHAPTER 6
PROVISIONS FOR OPEN
DISCUSSION
A number of techniques shall
be utilized by the Planning Department to provide opportunity for open discussion. They shall include Workshops, Meetings and
Hearings, all of which shall be open to the public and shall allow for public
participation. The public shall be encouraged
to participate at the earliest opportunity in the planning process.
Workshops
shall be used generally as the first step in the visioning process and discussion of
alternatives in the development stage of a new regulation.
Workshop shall also be used as a means of disseminating final draft documents
developed by the Planning Commission in meetings as described below.
Workshops are intended to:
-
Allow
for open discussions between the Planning Department, the committee, and the public;
-
Be
uses as an opportunity for information gathering purposes by the Planning Department on
proposals and alternatives;
-
Educate
the committee and the public on required elements and alternatives for compliance with the
elements;
-
Allow
the committee and the public the opportunity to request clarification of the staff,
consultant or agency introducing the topic.
Oral comments and
suggestions made by the committee and the public present at the workshop are not
considered public testimony, however shall be made part of the record and considered prior
to making a final decision. A summary of the
majority and minority positions, written by a council member designated at each meeting,
shall be composed and forwarded on as part of the record to the hearing bodies.
Public meetings are intended
as more of an open work session on draft regulations.
They shall allow for committee and public present to:
-
Receive
information from Planning Department staff, consultant(s) or other governmental or tribal
agencies with expertise or interest in a particular topic or issue;
-
Ask
questions or request clarification of the staff, consultant or agency introducing the
topic;
-
Participate
in open discussion of the topic or proposal.
Generally,
these work session meetings shall be conducted by the Planning Commission after the
visioning workshops have been adequately performed. Regularly
scheduled public meetings do not normally include public testimony, however oral comments
made by the committee and the public shall be made part of the record and considered prior
to the hearing body making a final decision.
C. HEARINGS
Public hearings shall be
conducted by the two Hearing Bodies, the Planning Commission and the Board of County
Commissioners, after adequate workshops and meetings have been executed.
Hearings shall include
opportunities, as deemed appropriate by the hearing body and as the issue and
circumstances allow, for oral public comment and testimony on the proposal being
considered. The hearing body shall encourage
and solicit public opinions, reactions or suggestions and provide for open discussion.
Two kinds of hearing may be conducted. Quasi-judicial and legislative. Quasi-judicial actions are those which determine
the legal rights, duties, or privileges of specific parties in a hearing or other
contested case proceeding. Quasi-judicial actions do not include the legislative actions
adopting, amending, or revising comprehensive, community, or neighborhood plans or other
land use planning documents or the adoption of area-wide zoning ordinances or the adoption
of a zoning amendment that is of area-wide significance.
D. CONDUCT OF WORKSHOPS, MEETINGS AND HEARINGS TO
PROVIDE FOR EQUAL OPPORTUNITIES
Workshops,
meetings and hearings shall be conducted by the facilitator, chair or their designee in an
orderly fashion to ensure that all attendees have equal opportunity to participate. The chair or facilitator shall provide introductory
remarks outlining the purpose of the workshop, meeting or hearing and describing how the
attendees can best participate and how their input may be used. Specific factors such as the issue being
considered, the size of the attendance, time limitations, or other opportunities to
participate may suggest appropriate constraints. Rules
of order for the workshop, meeting or hearing should be set forth clearly by the chair or
facilitator prior to the opportunities for public participation.
The facilitator, staff,
consultant or agency introducing the subject shall provide that a brief overview of any
documents or proposals to be considered. Questions,
comments and/or testimony may be taken during the overview or, if deemed appropriate, may
be requested to be held till the end of the overview.
An optional sign-in shall be
provided and those in attendance shall be asked to sign in for the record. For purposes of providing an accurate record of
hearings, all persons who wish to testify or comment at the hearing shall be requested to
identify themselves orally and on the sign-in.
All workshops, meetings and
hearings shall be tape-recorded. Minutes
and/or summaries shall be prepared for the record and be made available as soon as
possible following the meeting.
The following general
Hearing procedure has been adopted:
Order
for Quasi Judicial Hearings |
Order
for Legislative Hearings |
|
1 |
1 |
Announce
the Hearing Topic |
2 |
2 |
Advise
the Public that they will be given an opportunity to be heard at the appropriate time. Comments
will be recorded, therefore, please step to the microphone and state your name and
address. |
3 |
n/a |
Ex
parte communications: Has
any member of this hearing body engaged in communications outside this hearing with
opponents or proponents on the issue being heard? If
so, that member must place on the record the substance of any such communication so that
other interested parties may have the right at this hearing to rebut the substance of the
communication. |
4 |
n/a |
Appearance
of Fairness: It
is important that this hearing be fair in form and substance as well as appearance. Therefore, do any of the hearing body members have
an interest in this issue which would be in conflict with the appearance of fairness
requirements? Is
there anyone in the audience who objects to any of the hearing body members participating
in this proceeding? |
5 |
3 |
Declare
the Hearing Open. |
6 |
4 |
Staff
Report is given. |
7 |
5 |
The
hearing body members may ask questions of staff. |
8 |
6 |
Any
petitions, communications, and/or written comments or testimony is presented. |
9 |
Applicant
may speak to the proposal. |
|
10 |
7 |
Open
public comment. At
this time, the floor is open for comments from the audience.
In fairness to all in attendance, each person will be given an opportunity to
address the hearing body for a period not to exceed ___ minutes. If more time is needed, it may be made available
after everyone has had a chance to speak if there is additional time. |
11 |
8 |
Commission
or staff may ask questions and discuss the proposal. |
12 |
9 |
Close
public comment. The
public testimony portion of this hearing is now Closed. |
13 |
10 |
Open
for Hearing Body deliberation. Now
that we have heard the Public Comments and you have reviewed the relevant documents and
written comments concerning this proposal, this subject is open for discussion of finding
of fact and conclusions by the Hearing Body Members. You
should be aware that, if you are in agreement with the staff report, you may adopt (or
adopt with modifications) its findings and conclusions as a basis for your action or you
may state your own findings and conclusions. |
14 |
11 |
Motion
for Disposition. Discussion. Call for Vote. |
15 |
12 |
Will
the Hearing Body orally address the public comments & provide the public an
opportunity to request a response to any relevant comments not previously addressed? Hearing
Body to discuss and vote on. If so: At this
time, the floor is open for the audience to request a response to any relevant comments or
testimony not previously addressed, provided no new testimony is given. Failure to make such a request shall be considered
confirmation that the hearing body has adequately considered and responded to the public
comment. In fairness to all in attendance,
each person will be given an opportunity to address the hearing body for a period not to
exceed ___ minutes. |
16 |
13 |
Close
Hearing. |
CHAPTER 7
OPPORTUNITIES FOR WRITTEN
TESTIMONY OR COMMENT
At
all appropriate stages of the planning process written comment and testimony will be
encouraged. In order to accurately prepare and
preserve the entire record of proceedings relative to a proposal,
Coherent
and concise written comment and testimony is encouraged.
Written questions to staff or members of the planning bodies is
discouraged because of the lack of time and resources to respond. Detailed reference to specific sections, paragraphs
or words is encouraged. Clear
and precise suggestions for specific wording changes is encouraged.
The
use of electronic communication technologies such as email and document file attachments
to email messages will be studied and explored as well as other innovative technologies to
decrease the expense and time delays often associated with traditional mailed written
documents.
CHAPTER 8
CONSIDERATION OF AND
RESPONSE TO PUBLIC COMMENTS
The
Planning Department shall review all written and oral comments received and may respond to
the comment in writing or verbally during the public discussion. After consideration of and as a result of the
public comments, the Planning Department may also recommend to the hearing body to accept
changes to the draft regulation or may recommend that the draft regulation stand as
written.
Following
the close of any public hearing, time will be allowed for the hearing body members to
review the record and all relevant public comment and testimony prior to making a final
decision. The hearing body is not required to
agree with any or all of the public comment or testimony received.
After consideration of and
as a result of the public comments and the Planning Department recommendations, the
hearing body may adopt or recommend adoption the draft regulation as:
-
Originally
written;
-
Amended
by the Planning Department in its recommended changes; or
-
Amended
by the Hearing Body.
The hearing body is
encouraged to orally address pubic comments in public hearings and make oral findings of
facts to support the decision. Finding of
facts should include the following components: Objective
Facts, Subjective Facts, and, if available, the Supportive Regulation. Objective Facts are those which do not require a
value judgment to discern. Subjective Facts
are the conclusions and are those facts developed by the hearing body as a result of the
Objective Facts. Examples:
Finding
of Fact: |
Objective
Fact |
Subjective
Fact |
Supportive
Regulation |
We
find that the proposed project has 55 psi of water pressure at the location which is
adequate as per the local regulation. |
55 psi
of water pressure |
is
adequate |
the
local regulation |
We
find that the proposed Public Participation Policy sufficiently encourages the early and
continuous involvement of citizens
in the planning process, as per the requirement in RCW 36.70A.020, through
its use of the Citizens Advisory Committees. |
use of
Citizens Advisory Committees |
is
sufficient |
RCW
36.70A.020 |
We
find that the proposed PPP established procedures for
as required in RCW 36.70A.140
and which we feel exceed the minimum requirements of the GMA. |
Established
procedures for
|
exceeds
the minimum requirement |
RCW
36.70A.140 & GMA |
The hearing body may
schedule a subsequent public meeting or re-open the hearing for the purpose of orally
addressing public comments. The hearing body
may respond in general to relevant issues raised through public comment or in as much
detail as the hearing body deems appropriate as they deem the circumstances warrant. If the hearing body orally addresses public comment
or testimony, the public may be provided with an opportunity before the close of the
hearing to request a response to any relevant comment or testimony not previously
addressed provided no new testimony is given.
In
those instances where a written decision or recommendation is required or a written
document is adopted by the county, relevant public comments shall be addressed through the
findings portion of the written decision, recommendation or resolution.
CHAPTER 9
AMENDMENTS TO PLANS AND
REGULATIONS
The
Central Puget Sound Growth Management Hearings Board has published the following table
outlining public participation requirements for various situations[4].
GMA REQUIREMENTS FOR
PUBLIC PARTICIPATION ON AMENDMENTS
RCW 36.70A. |
.O2O (11) |
.140 |
.035 |
.070 |
.130(2) |
.390 |
AMENDMENT TO PLANS |
||||||
Permanent/ Non-emergency |
X[5] |
v[6] |
X |
X |
X |
|
Permanent/ emergency |
X |
v |
X |
Xb[7] |
||
Interim/ Non-emergency |
X |
v |
X |
X |
X |
|
Interim/ Emergency |
X |
v |
X |
Xb |
||
AMENDMENT TO
REGULATIONS |
||||||
Permanent/ Non-emergency |
X |
X |
X |
|||
Permanent/ Emergency |
X |
X |
X |
|||
Interim/ Non-emergency |
X |
X |
X |
|||
Interim/ Emergency |
X |
X |
X |
|||
[1] RCW 36.70A.020(11)
[2] RCW 36.70A.140
[3] RCW 36.70A.035
[4]
See McVitte v. Snohomish County, Case No.
00-3-0016, FDO dated
[5] X means the captioned public participation requirement applies
[6] v means, generally .140 applies, but as amplified and refined by the jurisdictions .130 annual review process
[7] Xb means the provisions of .130(2)(b), after appropriate public participation applies