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<br /> '(3)The conditional use permit application for a proposed EPF may he denied if the hearing examiner finds that the denial
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<br /> does not preclude the local EPF from being sited within the county,and either:
<br /> (a)The proposal does not comply with the requirements of chapter 30.42C SCC or this chapter;or
<br /> (b)The proposal is not consistent with the factors listed in subsection(2)of this section with the imposition of 1
<br /> mitigation measures;or i F
<br /> (c)The imposition of reasonable mitigation measures does not adequately mitigate detrimental effects on uses or
<br /> properties within the immediate vicinity of the proposal site.
<br /> (Added by Ord. 13-067,Sep.25,2013,Eff date Oct. 11,2013) i
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<br /> 30.42D.070 Regional,state or federal essential public facilities—Development agreement procedure.
<br /> (I)The approval process for a regional,state or federal EPF is a development agreement process as described in chapter l
<br /> 30.75 SCC,
<br /> (2)Application shall be made accordingto the submittal requirements checklistprovided bythe departmentpursuant to SCC f
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<br /> 30.70.030 and include the submittal items required in SCC 30.420.030. -
<br /> (Added by Ord. 13-067,Sep.25,2013,13ff date Oct. 11,2013)
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<br /> 30.42D.080 Decision criteria for regional,state or federal essential public facilities. i
<br /> The county council must approve or approve with conditions,a development agreement for a regional,state or federal EPF
<br /> after considering whether the proposal meets the following criteria:
<br /> (1)The applicant has provided opportunity for public participation in the siting decision and development of mitigation I
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<br /> measures; i
<br /> (2)The proposal complies with applicable requirements of this title and all other applicable provisions of the county code
<br /> except as modified pursuant to chapter 30.75 SCC; 1
<br /> (3)The proposal,as conditioned,adequately mitigates adverse impacts to life,limb,property,the environment,public health t
<br /> and safety,transportation systems,economic development and other identified impacts; i
<br /> (4)The proposal incorporates specific features to ensure it responds to the existing or intended character,appearance,quality 1
<br /> of development,and physical characteristics of the site and surrounding property;
<br /> (5)If applicable,the applicant agrees to posting of construction and maintenance bonds or other security as provided in
<br /> chapter 30.84 SCC,sufficient to secure to the county the estimated cost of construction,installation and maintenance of
<br /> required improvements; 9i
<br /> (6)If applicable,the applicant has proposed mitigation measures that provide assistance to displaced or impacted businesses, z
<br /> including assistance in relocating within Snohomish County;and 3
<br /> (7)The applicant and the county have agreed to a review,processing and staffing fee. I
<br /> (Added by Ord. 13-067,Sep,25,2013,Eff date Oct. 11,2013)
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<br /> 30.42D.090Independent consultant review and environmental review.
<br /> (1)The department may require independent consultant review of an EPF proposal to assess its compliance with the criteria
<br /> contained in this chapter. I 1
<br /> (2)If independent consultant review is required,the applicant shall bear and secure all consultant and county costs incurred i
<br /> in the preparation of studies or review as determined by the county.The applicant shall make a deposit with the department 1i
<br /> sufficient to defray the cost of such review.The applicant shall pay all costs prior to issuance of permits.Unexpended funds i 3
<br /> will be returned to the applicant following the final decision on the application. I 1
<br /> (3)The applicant may,at its expense and to the extent determined by the county,provide additional studies or other 1
<br /> information.
<br /> (4)Any applicant submitting an application for an EPF shall pay the cost of environmental review and studies necessary
<br /> under SEPA,as required under chapter 30.61 SCC.The applicant may,at its expense and to the extent determined by the
<br /> responsible official,provide additional studies or other information.
<br /> (Added by Ord.13-067,Sep.25,2013,Ef date Oct. 11,2013) Ig
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<br /> 30.420.100 Building permit application. I
<br /> (1)Any building permit issued for an EPF approved under this chapter shall be consistent with all.conditions of approval in
<br /> the conditional use permit or the development agreement.
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<br /> Exhibit 2 -page 24 i
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