Chapter 2.10
HEARING EXAMINER SYSTEM
Sections:
2.10.020 Creation of land use hearing examiner.
2.10.030 Appointment and terms.
2.10.040 Qualifications and appointments.
2.10.050 Freedom from improper influence.
2.10.060 Conflict of interest.
2.10.100 Planning commission as advisory body.
2.10.110 Appeal from examiner’s decision.
2.10.120 Council consideration.
2.10.150 Planning commission authority to act as hearing examiner.
2.10.010 Purpose.
The purpose of this chapter is to separate the land use regulatory function from the land use planning process; ensure procedural due process and appearance of fairness in land use regulatory hearings; and provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.020 Creation of land use hearing examiner.
Pursuant to RCW 58.17.330 and RCW 35A.63.170, the office of city of Battle Ground land use examiner hereinafter referred to as “examiner” is hereby created. The examiner shall interpret, review and implement land use regulations and policies as provided in this chapter or by other ordinances. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.030 Appointment and terms.
The Battle Ground city manager may appoint one or more examiners by professional service contract. The terms of examiners shall initially expire six months following the date of original appointment and thereafter expire one year following the date of each reappointment, unless otherwise specified by contract. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.040 Qualifications and appointments.
The examiner shall have demonstrated knowledge, skills, expertise and experience in matters of local and state land use law and its implementation, the Washington State Growth Management Act, and procedures for the conduct of administrative or quasi-judicial hearings on regulatory enactments. Examiners shall be appointed by the city manager solely with regard to their qualifications. Examiners shall hold no other elective or appointive office or position in county government. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.050 Freedom from improper influence.
No person, including city officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purposes, or to interfere with an examiner in the performance of his duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal services to the examiner upon request or prohibit other persons or officials from responding in writing to requests for information from the examiner. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.060 Conflict of interest.
No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familial interest, or concerning which the examiner has had substantial prehearing contacts with proponents or opponents. An examiner shall abide by the applicable provisions of state law, Battle Ground municipal code and the appearance of fairness doctrine. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.070 Rules.
The examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.080 Powers.
A. Except as provided for in subsection B of this section, the examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter final decisions, subject to application, notice, public hearing and appeal procedures of BGMC 17.102, on the following matters:
1. Hearing and reporting on any proposal to amend a zoning ordinance or comprehensive plan map amendment proposals to change the land use and implementing zoning designation of specific parcels of land, including such annual reviews which are applied for and are not of general applicability;
2. Revisions or rescissions of agreements concomitant to rezones;
3. Preliminary subdivision plat applications;
4. The authority herein to decide variances in lieu of provisions for boards of adjustment under RCW 35A.63.110;
5. All other applications for permits or approvals, including appeals, under Titles 16, 17 and 18 of this code which call for an appeal of an administrative decision or a hearing on a quasi-judicial decision.
B. Notwithstanding the provisions of subsection A of this section, the following matters shall be heard by the planning commission:
1. Rezone applications initiated by the city to implement a newly adopted or amended comprehensive land use plan which is of general applicability, until such time as the comprehensive plan designations and implementing zoning function are separated, and;
2. All legislative amendments to the development code (Titles 16, 17 and 18). (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.090 Continuances.
Once legal notice has been given, no matter shall be postponed over the objection of any interested party, except for good cause shown. Continuances may be granted at the discretion of the examiner; provided, the interested parties in attendance shall be given an opportunity to testify prior to the continuance. The applicant shall pay a fee as set by city council for any hearing postponed or continued by request of the applicants after legal notice has been given; provided, that this requirement shall not apply where the request is based upon new information presented at the hearing. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.100 Planning commission as advisory body.
In a case where the planning director determines that, due to the nature, scope or magnitude of a specific land use application, there are substantial land use policy issues presented by such application, the director may solicit formal input for the planning commission as a whole to introduce into the record for consideration by the examiner. Any input from the planning commission shall be in the form of a formal motion after consideration of the written record of the case. Such consideration by the planning commission shall occur in the comment period for an application, as set forth in BGMC 17.102. The planning commission shall not hold a separate public hearing for the purposes of developing advisory comments to the examiner. Such input from the planning commission shall not be binding upon the examiner, but shall be considered in the context of and weighted accordingly to that of other evidence in the record. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.110 Appeal from examiner’s decision.
The examiner’s decision on all land use actions shall be final and conclusive unless an appeal is filed with superior court within twenty-one days of the notice of decision; except appeals of comprehensive plan map/zone changes, which may be appealed to city council pursuant to BGMC 17.102. Appeals to city council shall include the appeal fee as set by resolution of council; provided, that such appeal fee shall not be charged to a department of the city or to other than the first appellant.
The timely filing of any appeal shall stay the effective date of the examiner’s decision until such time as the appeal is adjudicated by the council or is withdrawn.
Appeals of an examiner’s decisions to city council as provided for in this section shall be processed in accordance with BGMC 17.102. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.120 Council consideration.
The council shall consider the matter based upon the written record before the examiner, the examiner’s decision and any written comments thereon received in a timely manner by the planning director pursuant to BGMC 17.102; provided, that such written comments should be limited to arguments asserting error in or support of the examiner decision based upon the evidence presented to the examiner. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.130 Council action.
The council by resolution may accept, modify or reject the examiner’s decision, or any findings or conclusion therein, or may remand the decision to the examiner for further hearing. A decision by the board to modify, reject or remand shall be supported by findings and conclusions.
The action of the council in approving or rejecting a decision of the examiner shall be final and conclusive unless a land use petition is timely filed in superior court pursuant to RCW 36.70C.040; provided, that no person having actual prior notice of the proceedings of the examiner or council shall have standing to challenge the council’s action unless such person was a party of record at the examiner’s hearing. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.140 Report to council.
Under the auspices of the city manager, the planning director shall report in writing to and meet with the city council at least annually for the purpose of reviewing the administration of this ordinance. Such report shall include a summary of the examiner’s decisions since the last council report. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)
2.10.150 Planning commission authority to act as hearing examiner.
A. Except as provided for in subsection B of this section, a planning commission decision on those matters delegated to it by Section 2.10.080B shall have the same effect as the decision of the examiner.
B. Planning commission decisions on rezone or preliminary plat applications shall constitute a recommendation to the council; provided, that if, after considering the matter at public meeting, the council deems a change in the planning commission’s recommendation to be necessary, such change shall not be made until the council shall conduct its own public hearing, giving notice thereof as required by law. (Ord. 98-020 § 1(A) (part), 1998: Ord. 98-019 § 1(A) (part), 1998)