SUBTITLE II CHAPTER GENERAL PROVISIONS

Transcription

1 SUBTITLE II CHAPTER GENERAL PROVISIONS Purpose Definitions Applicability Administration and interpretation Delegation of authority Effect of permit Exempt actions Severability Purpose. The purpose and intent of this Subtitle is to establish standard procedures for all land use and development applications to provide for an integrated and consolidated land use permit and environmental review process that insures compliance with the adopted plans, policies, and ordinances of the City of Port Orchard. This Subtitle is further intended to provide for the examination of development proposals with respect to overall site design and to provide a means for guiding development in a logical, safe, and attractive manner while also ensuring the issuance of a timely decision on development applications Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this Chapter. (1) Closed record appeals are administrative appeals which are heard by the Hearing Examiner. (2) Open record hearing means a hearing, conducted by a single hearing body or officer authorized by the City to conduct such hearings, that creates the City s record through testimony and submission of evidence and information, under procedures prescribed by the hearing body or officer. An open record hearing may be held prior to a City s decision on a project permit, to be known as an open record predecision hearing. (3) Project permit or project permit application means any land use or environmental permit or license required from the City, including, but not limited to, building permits, subdivisions, binding site plans, conditional use permits, variances, shoreline substantial development permits, site plan 1

2 review, site development permit, design review, permits or approvals required by critical areas regulations, and site-specific rezones Applicability. (1) All applications for development shall be subject to the provisions of this Subtitle, except where specifically exempted, which shall include, without limitation: (a) Any change of occupancy of a building from one Uniform Building Code group or division of a group to another or a change of use of land; (b) Any new nonresidential and nonagricultural use of land; (c) The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four (4) dwelling units would be contained; and (d) Any addition to such structure or remodel or substantial revision of the site plan associated with such use. (2) The construction and development of projects reviewed under this Subtitle shall be in strict compliance with the approved site plan and conditions attached thereto. (3) All land uses, activities, construction, clearing, grading, filling, development, intensification, and structural modifications or alterations shall comply with the POMC. (4) All permits and approvals granted for the use, activity, construction, clearing, grading, filling, development, intensification, or structural modifications or alterations shall comply with the POMC. No permit or approval shall be issued for any parcel of land developed in violations of the POMC Administration and interpretation. (1) The Director shall be responsible for the interpretation and administration of the provisions of this Subtitle. The Director s interpretation and administration shall be in keeping with the spirit and intent of this Subtitle, Chapter 36.70B RCW, and the comprehensive plan. 2

3 (2) Within this Subtitle, when the Director is identified as responsible for a procedural action, this authorization includes the Director s authorized city representative; further, the action made by the Director or authorized city representative may occur upon consultation with other city staff. (3) Should a conflict arise between the provisions of this Subtitle or between this Subtitle and the laws, regulations, codes, or rules promulgated by other authority having jurisdiction within the City, the most restrictive requirement shall be applied, except when constrained by federal or state law, or where specifically provided otherwise. (4) The procedures set forth in this Subtitle shall be deemed additional to any other procedures set forth in City ordinances applicable to land use decisions, and in the event of any conflict, the procedures in this Subtitle shall be controlling. (5) Relative to land use permitting and development, the Director shall interpret and apply the applicable provisions of Title 20 unless otherwise indicated in this Title Delegation of authority. Upon finding that any proposed land use and associated construction is exempt from environmental review pursuant to POMC Chapter and WAC , the Director may waive appropriate land use application fees and may delegate review and approval of a proposed land use application and associated improvements to a designee as deemed appropriate by the Director Effect of permit. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it authorized is lawful Exempt actions. (1) As authorized by RCW 36.70B.140(1), the following land use actions are not subject to the provisions of RCW 36.70B.070, 36.70B.080, 36.70B.090, 36.70B.110, 36.70B.120, and 36.70B.130 because the City Council has determined that these projects present special circumstances that warrant a review process different from the processes specified by this Subtitle: (a) Street vacations and other actions relating to use of public areas or facilities (Title 12 POMC); (2) As authorized by RCW 36.70B.140(2), the following Type I land use actions shall not be subject to the provisions of RCW 36.70B.060, 36.70B.110, 36.70B.120, and 36.70B.130: (a) Boundary line adjustments (Chapter POMC). 3

4 (b) Construction permits required under Subtitle that are categorically exempt from environmental review under chapter POMC, SEPA, or for which environmental review has been completed in conjunction with other project permits Severability. If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances, is not affected, and to this end the provisions of this code are declared to be severable. 4

5 CHAPTER PERMITTING & DEVELOPMENT APPROVAL PERMIT PROCESS TYPES Sections: Permit Process Types Classification Permit Process Types Determination of types Table Permit Process Types Type I Permit Process Types Type II Permit Process Types Type III Permit Process Types Type IV Permit Process Types Type V Permit Process Types Classification. The review and approval of land use and development permit applications shall be classified as either Type I, II, III, IV, or V based on who makes the decision, the amount of discretion exercised by the decision maker, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. The types of decisions are set forth in this chapter. The application procedures identified in this chapter shall be pursuant to Chapter POMC Permit Process Types Determination of types Table. (1) Determination of proper decision type. The director shall determine the proper review procedure for all land use and development permit applications and actions. If there is a question as to the appropriate type of process, the director shall resolve it in favor of the higher process type number. (2) Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedures option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. If the individual procedure option is chosen, the applicant will be eligible for any fee reduction contained in the current fee schedule. Table Permit Review Type Classifications 5

6 Type I Director Decision Judicial Appeal Type II Director Decision HE Appeal Type III HE Decision Judicial Appeal Type IV City Council Decision Judicial Appeal Type V City Council Decision GMHB Appeal Building Permit (20.XXX) Land Disturbing Activity Permit (20.XXX) Boundary Line Adjustment (20.XXX) Code Interpretation (20.XXX) Short Plat (including revisions and modifications) (20.XXX) Temporary Use (20.XXX) Binding Site Plan (20.XXX) Stormwater Management Permit (20.150) Preliminary Plat (20.XXX) Plat Modification (20.XXX) Variance (20.XXX) Conditional Use Permit (20.XXX) Final Plat (20.XXX) Site Rezone (20.XXX) Development Agreement (20.XXX) Comprehensive Plan Amendment (20.XX) Legislative Zoning Map Amendment (20.XX) Title 20 Amendment (20.XXX) Annexations (20.XXX) Miscellaneous Administrative Decisions Permit Process Types Type I (Administrative decision, judicial appeal). (1) General. Type I applications are defined pursuant to POMC All Type 1 actions must meet all applicable requirements of the POMC in addition to the requirements specified in this subtitle. (2) Preapplication Conference. Type I applications do not require a preapplication conference. (3) Notice of Application. Type I applications do not require a Notice of Application; unless environmental review is required under SEPA pursuant to Chapter POMC. (4) Review of Application. (a) The director shall commence permit review pursuant to Chapter POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application, or appropriate parts of the application. (b) Following a determination of technical completeness and determination of consistency pursuant to POMC , the director shall approve, deny, or approve with conditions all Type I applications. Conditions may be imposed directly on the plans (red-lining) or through other 6

7 (5) Decision. documentation reflected on the plans to ensure the requirements of city codes and regulations are met without going through another correction cycle before permit issuance. (a) Type I applications are subject to the maximum 120-day timeline pursuant to POMC , but in most cases review may be complete within a much shorter time period. If no correction cycles are required, review should be complete within approximately thirty (30) calendar days from the date of technical completeness. Correction cycles will extend review time in proportion to the time the city must wait for an applicant to submit additional or corrected information. (b) The decision of the director may be reflected on the plans or permit itself or may be documented in a written report or letter of approval. (6) Notice of Decision. Public notice of a Type I decision is not required. The applicant shall be notified in writing, by fax, or by that the permit is ready to issue or the application is approved. (7) Administrative Appeal. There is no administrative appeal of a Type I decision except for decisions that are appealable to the building board of appeals in accordance with this title and the International Codes as adopted by the City. (8) Judicial Appeal. A Type I decision not appealable to the building board of appeals may be appealed to directly superior court Permit Process Types Type II (Administrative decision, hearing examiner appeal). (1) General. Type II applications are defined pursuant to POMC All Type II applications must meet all applicable requirements of the POMC in addition to the requirements specified below. (2) Preapplication Conference. Type II actions are required to participate in a preapplication conference pursuant to POMC A limited preapplication conference may be allowed for projects that do not require substantial review by other departments such as variances and design review without SEPA or street improvement requirements. (3) Notice of Application. Type II applications require a Notice of Application pursuant to Chapter POMC. (4) Review of Application. (a) The director shall commence permit review pursuant to Chapter POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application, or appropriate parts of the application. 7

8 (b) Following a determination of technical completeness and determination of consistency pursuant to POMC , the director shall approve, approve with conditions, or deny all Type II applications. Conditions may be imposed directly on the plans (red-lining), through other documentation reflected on the plans, or in a written staff report or other decision document, to ensure the requirements of city codes and regulations are met without going through another correction cycle before permit issuance. (5) Public Hearing. No public hearing is required for Type II decisions. (6) Decision. Type II decisions are subject to the maximum 120-day timeline requirement pursuant to POMC A decision for a Type II action shall be made in writing by the director and shall include the following information: (a) A description of the proposal and a listing of permits or approvals included in the application; (b) A statement of the applicable criteria and standards in this code and other applicable law; (c) A statement of background information and facts relied upon by the department which show the application does or does not comply with the approval criteria; (d) A summary of public comment received and how the department or applicant responded to the public comments or concerns; and (e) The decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable law. (7) Notice of Decision. Public notice of a Type II decision shall be provided pursuant to Chapter POMC. Notice of a short plat or binding site plan shall be provided in the same manner as Notice of Application as set forth in Chapter POMC. (8) Administrative Appeal. A Type II decision, except for shoreline substantial development permits and shoreline variances, may be appealed to the hearing examiner within fourteen (14) calendar days of the Notice of Decision. A decision on a shoreline substantial development permit or shoreline variance may be appealed to the State Shorelines Hearings Board pursuant to Chapter POMC. Shoreline appeal procedures and information are available from the department or from the State Department of Ecology. (9) Judicial Appeal. The decision of the hearing examiner on a Type II appeal may be appealed to superior court Permit Process Types Type III (Hearing examiner decision, judicial appeal). (1) General. Type III applications are defined pursuant to POMC All Type III applications must meet all applicable requirements of the POMC in addition to the requirements specified below. 8

9 (2) Preapplication Conference. Type III applications are required to have a preapplication conference pursuant to POMC (3) Notice of Application. Type III applications require a Notice of Application pursuant to Chapter POMC. (4) Review of Application. (a) The director shall commence permit review pursuant to Chapter POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application or appropriate parts of the application. (b) Following a determination of technical completeness and determination of consistency pursuant to POMC , the director shall prepare a written recommendation to the hearing examiner. The director s recommendation shall provide a description of the proposal, a listing of the permits or approvals included in the application, a statement of the criteria and standards applicable to the proposal, and a review of the background information and facts relied upon by the director for the recommendation. The recommendation shall enumerate any conditions needed to ensure the application meets each of the applicable decision criteria. (c) If a SEPA Determination of Nonsignificance (DNS) is issued for the proposal, the DNS will be issued in conjunction with the director s recommendation to the hearing examiner. (d) If a director recommendation is not available as provided in this section, the hearing body may reschedule or continue the hearing upon his or her own motion or upon the motion of a party, or the hearing body may decide the matter without the recommendation. (e) The director s recommendation, and any additional staff reports, shall be consistent with RCW 36.70B.060(5). (5) Public Hearing. A Type III action requires an open record hearing before the hearing examiner. (a) The public hearing shall be scheduled so as to allow at least seven (7) calendar days beyond the date of the public hearing to allow comments to be submitted within the comment period provided for in the Notice of Application pursuant to Chapter POMC. (b) At least fifteen (15) calendar days before the date of the hearing, public notice of the hearing shall be provided consistent with the requirements of POMC (c) The director s recommendation shall be made available on the date the hearing notice is issued. When the director s recommendation includes a SEPA threshold DNS, the hearing notice shall inform the public that a SEPA appeal may be filed and that any SEPA appeal will be consolidated with the Type III open record hearing, but the SEPA appeal will be heard as a closed record appeal. 9

10 (d) The burden of proof shall be on the applicant to demonstrate that the proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on the appellant. (e) The public hearing shall be conducted pursuant to the hearing examiner s adopted rules and procedures and shall be recorded on audio or audiovisual tape. The hearing examiner may remand an application to staff at his or her discretion to allow staff to administratively address an issue or irregularity with the application or the processing thereof. (6) Decision. (a) A written decision for a Type III action shall be issued by the hearing examiner within fourteen (14) calendar days after the date the record closes, unless the applicant has consented in writing to an extension of this time period. The hearing examiner s decision shall include the following information: (i) A description of the proposal and a listing of permits or approvals included in the application; (ii) A statement of the applicable criteria and standards in the municipal code and other applicable law; (iii) A statement of background information and facts relied upon by the hearing examiner which show the application does or does not comply with the approval criteria and standards; (iv) A summary of public testimony and public comment received and how the department or the applicant responded to the public testimony and public comments; and (v) The decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable law. (b) Notice of Decision. Public notice of a Type III decision shall be provided pursuant to POMC (7) Administrative Appeal. (a) The hearing examiner may reconsider a Type III decision if a written request for such administrative appeal is filed by a party of record within fourteen (14) calendar days of the date of the notice of decision. Grounds for requesting an administrative appeal shall be limited to the following: (i) the decision or conditions of approval are not supported by facts in the record; (ii) the decision contains an error of law; 10

11 (iii) there is newly discovered evidence potentially material to the decision which could not reasonably have been produced prior to the open record pre-decision hearing; or (iv) the applicant proposes changes to the proposal in response to deficiencies identified in the decision. (b) Any request for an administrative appeal shall be mailed to all parties of record on the same day as the request is mailed or delivered to the hearing examiner. (c) A request for administrative appeal shall stop the running of the judicial appeal period on a Type III decision for seven (7) calendar days. During this time period, the hearing examiner shall decide whether reconsideration is appropriate. If the hearing examiner decides to reconsider the decision, the judicial appeal period will be placed on hold until the reconsideration process is complete and a new decision is issued. If the hearing examiner decides to reconsider a decision, all parties of record shall be notified. (d) The hearing examiner shall, by order, set a schedule for other parties of record to respond in writing to the administrative appeal request and shall issue a decision no later than fourteen (14) calendar days following the due date for submittal of written responses. A new judicial appeal period shall commence from the date of the hearing examiner s decision on reconsideration. (8) Judicial Appeal. Type III decisions, except shoreline conditional use permits and any associated shoreline permits, may be appealed to superior court. Shoreline decisions are appealable to the State Shorelines Hearings Board Permit Process Types Type IV (City council decision, judicial appeal). (1) General. Type IV applications are defined pursuant to POMC All Type IV applications must meet all applicable requirements of the POMC in addition to the requirements specified below. (2) Preapplication Conference. Type IV applications are required to have a pre-application conference pursuant to POMC (3) Notice of Application. Type IV applications require a Notice of Application pursuant to Chapter POMC. (4) Review of Application. (a) The director shall commence review of the permit application pursuant to Chapter POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application or appropriate parts of the application. 11

12 (b) Following a determination of technical completeness and determination of consistency pursuant to POMC , the director shall prepare a written recommendation to the hearing body. The director s recommendation shall provide a description of the proposal, a listing of the permits or approvals included in the application, a statement of the criteria and standards applicable to the proposal, and a review of the background information and facts relied upon by the director for the recommendation. The recommendation shall enumerate any conditions needed to ensure the application meets each of the applicable decision criteria. (c) If a SEPA Determination of Nonsignificance (DNS) is issued for the proposal, the DNS will be issued in conjunction with the director s recommendation to the hearing body. (d) Within fourteen (14) calendar days of holding a public hearing, the hearing body shall issue a recommendation on the application to the city council. (5) Public Hearing. A Type IV action requires an open record hearing before either the hearing examiner or planning commission, pursuant to the requirements of the individual permit application requirements. (a) The public hearing shall be scheduled so as to allow at least seven (7) calendar days beyond the date of the public hearing to allow comments to be submitted within the comment period provided for in the Notice of Application pursuant to Chapter POMC. (b) At least fifteen (15) calendar days before the date of the hearing, public notice of the hearing shall be provided consistent with the requirements of POMC (c) The director s recommendation shall be made available on the date the hearing notice is issued. When the director s recommendation includes a SEPA threshold DNS, the hearing notice shall inform the public that a SEPA appeal may be filed and that any SEPA appeal will be consolidated with the Type IV open record hearing, but the SEPA appeal will be heard as a closed record appeal. (d) The burden of proof shall be on the applicant to demonstrate that the proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on the appellant. (e) The public hearing shall be conducted pursuant to the hearing body s adopted rules and procedures and shall be recorded on audio or audiovisual tape. (6) Decision. Following receipt of a recommendation from the hearing body, the city council shall approve, approve with conditions, or deny a Type IV application by ordinance. (7) Administrative Appeal. There is no administrative appeal of Type IV decisions. (8) Judicial Appeal. A Type IV decision may be appealed to superior court. 12

13 Permit Process Types Type V (Legislative actions). (1) General. (a) Type V actions are defined pursuant to POMC All Type V proposals are legislative actions, but not all legislative actions are Type V decisions. Legislative actions involve the creation, amendment, or implementation of policy or law by ordinance. In contrast to other types of actions, legislative actions apply to large geographic areas and are of interest to many property owners and citizens. (b) Type V actions are not subject to the application procedures in Chapter POMC, unless otherwise specified. (2) Public Hearing. (a) The planning commission shall hold a public hearing and make recommendations to the city council on Type V actions. A notice for the public hearing shall be provided pursuant to POMC (b) The city council may hold a public hearing on Type V actions prior to passage of an ordinance or entry of a decision. (c) The planning commission and/or city council may require more than one public hearing for Type V actions. (d) Notice of a public hearing shall be provided to the public at least fifteen (15) calendar days prior to the hearing by publishing notice as provided for in POMC In addition to publishing notice and posting notice at city hall, at least fifteen (15) calendar days prior to the hearing the city shall mail notice of the public hearing to the applicant, relevant government agencies, and other interested parties who have requested in writing to be notified of the hearing. If the legislative action is for a comprehensive plan amendment, notice of the public hearing shall also be posted and mailed pursuant to Chapter POMC. The city may also provide optional methods of public notice as provided in Chapter POMC. (3) Review. Review of Type V actions shall be pursuant to the applicable POMC chapter for each action. (4) Decision. The city council shall issue a final decision on all Type V actions by passage of an ordinance. (5) Appeals. A Type V decision may be appealed to the Growth Management Hearings Board pursuant to the regulations set forth in RCW 36.70A.290. (6) Legislative Enactments Not Restricted. Nothing in this section, chapter, or Chapter POMC shall limit the authority of the city council to make changes to the city s comprehensive plan, as part of a regular revision process, or to make changes to the city s municipal code. 13

14 Chapter PERMITTING AND DEVELOPMENT APPROVAL APPLICATION PROCEDURES Sections: Application Procedures Pre-application conference Application Procedures Master permit required Application Procedures Submission requirements Application Procedures Counter completeness Application Procedures Technical completeness Application Procedures Required corrections Application Procedures Revisions Application Procedures Project review; public notice Application Procedures Determination of consistency Application Procedures Notice of decision Application Procedures Pre-application conference. (1) The purpose of a pre-application conference is to discuss the nature of the proposed development; application and approval requirements, fees, review process, and schedule; and applicable policies and regulations. As appropriate, the director shall invite representatives of affected agencies, such as other city departments and special purpose districts, to attend any pre-application meeting. The pre-application conference may be recorded. (2) Requests for scheduling a pre-application conference shall be submitted on forms provided by the city along with payment of the associated fee pursuant to the city s current fee schedule. (3) Unless waived by the director, potential applicants or their designees are required to attend a preapplication conference with city staff for all Type II, Type III, and Type IV land use actions. This meeting requirement should be deemed waived in the event the director or director s designee is unavailable to meet within thirty (30) calendar days of a request for such meeting. When a preapplication conference is required, the applicant shall meet with the director and any other staff members, as appropriate, to discuss the proposed development. (4) Applicants may also request an optional pre-application conference if not otherwise required. (5) Whether the pre-application conference is mandatory or requested by the applicant, the following information shall be provided to the city by the applicant at least fourteen (14) calendar days prior to the date of the pre-application conference: (a) identification of the subject property; (b) description of the type of planned development, including proposed uses, estimated density; and 14

15 (c) identification of any requests for deviation from code requirements. (6) Failure of the director or any city staff member to provide any of the information required by this section shall not constitute a waiver of any of the standards, criteria, or requirements for the application. Any discussion at the pre-application conference is for the purpose of acquainting the applicant with the known requirements for an undefined proposal. As a result, the discussions shall not bind the city in any manner or prevent the city s future enforcement of all applicable codes, plans, and regulations Application Procedures Master permit required. (7) A master permit application is required for all land use and development projects and shall be submitted in conjunction with the associated permit application(s) required for the project. The master permit application may not be submitted alone. (8) The director shall establish and may revise at his/her discretion submittal requirements for the master permit application. At a minimum, the master permit application shall require the following: (a) name and contact information of applicant; (b) signature by the property owner or person having authorization to sign on behalf of the property owner; (c) list of all project permit applications submitted with the master permit; (d) list of any permits or decisions applicable to the project proposal that have been obtained prior to filing the application or that are pending before the city or any other governmental entity; (e) indication of whether review under the State Environmental Policy Act (SEPA) applies to the project, or if the project is categorically exempt, pursuant to Chapter POMC; and (f) indication of whether stormwater drainage review applies to the project pursuant to Chapter POMC. (9) For purposes of this subtitle, all references to an application refers to both the master permit and associated permit application(s) Application Procedures Submission requirements. (1) The director shall establish and may revise at his/her discretion submittal requirements for each type of land use and development permit application required under this title. The submittal requirements shall be in the form of a counter complete checklist. The requirements shall be made available to the public in a form that clearly explains what material must be submitted for an application to be considered complete, including type, size, detail, and number of copies for each item. 15

16 (2) At a minimum, the following shall be completed and submitted by the applicant for all land use and development applications: (a) Master permit application form, pursuant to POMC ; (b) Appropriate application form, provided by the department, for each permit submitted with the master permit, including all required items stated therein; (c) Payment of any and all applicable permit fees pursuant to this title and the city s current fee schedule at the time of application; (d) Environmental checklist (if not exempt from SEPA review pursuant to Chapter POMC) and any requirements for SEPA review, when applicable; and (e) Applicable signatures, stamps, or certifications, and attestation by written oath of applicant to the accuracy of all information submitted for an application. (f) Requirements for related permits shall also be provided when applicable. (3) The director may require additional material when the director determines, after a determination of technical completeness pursuant to POMC , that such information is needed to adequately assess the proposed project. (4) When not required by law, submittal requirements may be waived by the director, in writing, only if the applicant can demonstrate that normally required information is not relevant to the proposed action and is not required to show that an application complies with applicable city codes and regulations. (5) The city s acceptance of documents from an applicant using a counter complete checklist is used only for purposes of documenting what was submitted by the applicant; it is not a technical review for completeness or compliance with state or local laws and regulations. See POMC for the counter complete review process Application Procedures Counter completeness. (1) Applications may either be brought in person to the city or applications may be mailed to the city for counter complete review. (2) An application is counter complete if the director finds that the application purports and appears to include the information required by the master permit application and associated permit application(s); provided, no effort shall be made to evaluate the substantive adequacy of the information in the application(s) in the counter complete review process. No effort shall be made to determine ownership of land as part of the counter complete review process. 16

17 (3) The director shall make a counter complete determination regarding an application brought in person to the city while the applicant is present. For applications mailed to the city, the counter complete determination shall be made within two (2) business days from the date of receipt. If the city does not provide a counter complete determination for a mailed application, the application shall be deemed counter complete as of the third day from receipt. (4) If the director decides the application is counter complete, then the application may be submitted and the appropriate fee shall be paid by the applicant. (5) If the director decides the application is not counter complete, then the city shall reject and return the application and identify in writing what is needed to make the application counter complete Application Procedures Technical completeness. (1) Within twenty-eight (28) calendar days of determining an application as counter complete, the director shall determine whether an application is technically complete. A project permit application is technically complete for purposes of this section when it meets the submission requirements of this chapter as well as the submission requirements contained in other applicable sections of the code. This determination of technical completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. (2) A determination of technical completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time. Such new information may be required to establish whether the proposal meets applicable city codes and regulations, whether additional environmental study is required, or, more generally, when there are substantial changes in the proposed action. (3) The city may determine that a counter complete application is not technically complete because the information submitted is not sufficient for further processing, is incomplete, or is factually incorrect. If the applicant receives a written determination from the city that an application is not technically complete, the applicant shall have up to ninety (90) calendar days to submit the necessary information to the city. Within fourteen (14) calendar days after an applicant has submitted the requested additional information, the city shall determine whether the application is technically complete. (4) If an applicant either refuses in writing to submit additional information or does not submit the required information within ninety (90) calendar days, the application shall be terminated. (5) If the director does not provide written notification that an application is technically incomplete within the 28-day period, the application shall be deemed technically complete for processing as of the twenty-ninth (29th) calendar day following the determination of counter completeness Application Procedures Required corrections. 17

18 (1) Following a determination of technical completeness and the commencement of project review, the director may make a determination in writing that some information is incorrect or that additional information is required. The applicant shall have up to ninety (90) calendar days to submit corrected information. (2) Within fourteen (14) calendar days of receiving corrected information, the director shall determine whether the information, plans, or other review materials are now correct and sufficient for further review. If the city determines that the information submitted by the applicant is insufficient, or if additional information is required, the city shall notify the applicant of the deficiencies and the procedures of this section shall apply as if the city made a new request for information. (3) If an applicant either refuses in writing to submit additional information or does not submit the required information within ninety (90) calendar days, the application shall be canceled Application Procedures Revisions. (1) If, in the judgment of the director, the content of an application is so substantially revised by an applicant, either voluntarily or as corrections, that such revised proposal constitutes a substantially different proposal than that originally submitted, the director shall deem the revised proposal to be a new application. (2) In reaching a decision whether a revision is substantial, the director shall consider the relative and absolute magnitude of the revision, the environmental sensitivity of the site, any changes in location of significant elements of the project and their relation to public facilities, surrounding lands and land uses, and the stage of review of the proposal. Lesser revisions that would not constitute substantial revisions during early stages of review may be substantial during later stages due to the reduced time and opportunity remaining for interested parties to review and comment upon such changes. (3) Written notice of such determination of substantial revision shall be provided to the applicant and all parties of record. (4) A determination that any revision is substantial shall result in the time periods mandated by the Regulatory Reform Act, RCW Chapter 36.70B and set forth in this title to reset and start from the date at which the revised project application is determined to be technically complete. (5) A revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of such technically complete substantial revision Application Procedures Project review; public notice. (1) Within ten (10) business days of determining an application as technically complete, the director shall: 18

19 (a) Transmit a copy of the application, or appropriate parts of the application, to each affected government agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have fifteen (15) business days to comment on the application. The agency or city department is presumed to have no comment if comments are not received within this fifteen-day period. The director shall grant an extension of time only if the application involves unusual circumstances. (b) The director shall provide for public Notice of Application, as set forth in Chapter POMC. (2) Project review by the director and appropriate city staff shall identify specific project design and conditions relating to the character of the development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal s probable adverse environmental impacts. (3) Except when a land use action is categorically exempt from SEPA, environmental review shall be conducted concurrently with review of other proposed land use actions requested by an applicant. When a proposed development requires more than one land use action, the applicant may request concurrent review of all proposed land use actions Application Procedures Decision criteria. The criteria set forth below shall apply to all Type I IV land use and development permit applications: (1) Determination of Consistency. The applications are reviewed by the city to determine consistency between the proposed project and the applicable land use and development regulations and the comprehensive plan. A proposed project s consistency with the city s land use and development regulations shall be determined by consideration of: (a) The type of land use; (b) The level of development, such as units per acre or other measures of density; (c) Availability of infrastructure, including public facilities and services needed to serve the development; and (d) The character of the development, such as development standards. (2) Upon review of an application, the decision-maker shall also determine whether the building and/or site design complies with the following provisions: (a) The comprehensive plan; (b) The applicable provisions of Title 20 POMC (Unified Development Code); 19

20 (c) The Washington State Environmental Policy Act (SEPA), pursuant to Section XXX herein, if not otherwise satisfied; (d) The city s Public Works Design Standards. (3) Additional Review Criteria. Additional review criteria appear in each chapter or section of the POMC relating to the development regulations for an individual project permit application or other approval. All of the criteria in this section and the criteria relating to the individual application(s) must be satisfied in order for the city to make a determination of consistency and issue an approval. (4) Limitations on Review. During project review, the city shall not re-examine alternatives to or hear appeals on the review requirements of this section except for issues of code interpretation. (5) Burden of Proof. The burden of proof for demonstrating that the application is consistent with the applicable regulations is on the applicant Application Procedures Notice of decision. (1) Contents. The Notice of Decision issued by the director for Type I and II actions, and the Findings of Fact and Conclusions of Law issued by the hearing body on Type III and IV actions shall include the following, as a minimum: (a) a list of all project permits included in the decision, including all permits being reviewed through the consolidated review process; (b) date and description of the decision; (c) statement of any threshold determination made under SEPA (chapter 43.21C RCW); (d) procedures for an administrative appeal, if any; (e) statement that the affected property owners may request a change in property tax valuation notwithstanding any program of revaluation by contacting the Kitsap County Assessor; (f) duration of the permit approval and a statement summarizing the permit expiration and extension procedures (if any); and (g) statement that the complete project permit file, including findings, conclusions, and conditions of approval, if any, is available for review. The notice shall list the place that the file is available and the name and telephone number of the city representative to contact about reviewing the file. (2) Persons Entitled to Receive Notice of Decision. A Notice of Decision, or the written findings of fact and conclusions, shall be provided to the applicant, to any person who submitted written comments 20

21 on the application (other than a signed petition), to any person who testified at the hearing or any person who requested a copy of the decision, and to the Kitsap County Assessor. (3) For project permit applications, the city shall issue a Notice of Decision within one-hundred-twenty (120) days of the issuance of the determination of technical completeness on the application, unless the applicant has agreed to a different deadline. (4) In calculating the time periods for issuance of the Notice of Decision, the following periods shall be excluded: (a) Any period during which the applicant has been requested by the director to correct plans, perform required studies, or provide additional required information. The period shall begin from the date the director notifies the applicant of the need for additional information, until the date the director determines that the additional information satisfies the request for information, or fourteen (14) calendar days after the date the additional information is provided to the city, whichever is earlier. (b) If the director determines that the information submitted is insufficient, the applicant shall be informed of the particular insufficiencies and the procedures set forth in POMC for calculating the exclusion period shall apply. (c) Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter POMC. (d) Any period for consideration and issuance of a decision for administrative appeals of project permits; (e) Any extension of time mutually agreed to in writing by the director and the applicant. (5) The time limits established in this subsection do not apply to applications that: (a) are not project permit applications (such as amendments to the comprehensive plan or a development regulation); (b) requires siting approval of an essential public facility; (c) are substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director. 21

22 Chapter PERMITTING AND DEVELOPMENT APPROVAL PUBLIC NOTICE Sections: Public Notice Notice of Application Public Notice Published Notice of Application Public Notice Posted Notice of Application Public Notice Optional public Notice of Application Public Notice Notice of public hearing Public Notice Notice of Application. (1) The purpose of the Notice of Application is to give nearby property owners and other interested persons the opportunity to submit written comments about the application before the decision on the application is made. The goal of this notice is to invite people to participate early in the decision-making process. (2) Within fourteen (14) calendar days after the city has made a determination of technical completeness, and before making a decision on an application, the director shall issue a Notice of Application to: (a) All owners of record of real property within a minimum of three hundred (300) feet of the subject site; (b) All city-recognized neighborhood groups or associations whose boundaries include the subject site; (c) Any person who submits a written request to receive a notice; and (d) Any government agency that is entitled to notice or that is affected by the application. (3) Except as otherwise provided herein, the Notice of Application for a pending application shall: (a) Provide a minimum fourteen (14) calendar day period for submitting written comments before a decision is made on the permit, and state the place, date, and time the comments are due, and the person to whom the comments should be addressed; except that the public comment period for a Notice of Application under the purview of the city s shoreline master program (SMP) shall be not less than thirty (30) calendar days following the date of the Notice of Application; (b) Identify the date of submission of the initial application, the date the notice of technical completeness, and the date of the Notice of Application; 22