Chapter 17.200 GENERAL PROCEDURES

The purpose of the procedures section of this chapter is to combine and consolidate the application, review and approval processes for land development in the city of Battle Ground in a manner that is clear, concise and understandable. It is further intended to comply with state guidelines for combining and expediting development review and integrating environmental review and land use development plans. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015: Ord. 99-008 § 2(A) (part), 1999)

17.200.020 Applicability.

The provisions of this chapter apply to any land use action under the Battle Ground Municipal Code including, but not limited to, those taken under the following titles (hereafter “development code”):

A. BGMC Title 12 (Streets and Sidewalks);

B. BGMC Title 15 (Buildings and Construction);

C. BGMC Title 16 (Land Divisions);

D. BGMC Title 17 (Zoning);

E. BGMC Title 18 (Environmental Protection).

In addition, this chapter applies to any legislative amendment to the above-listed titles. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 99-008 § 2(A) (part), 1999)

17.200.030 Rules of interpretation.

A. For the purposes of the development code, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code.

B. Words used in the present tense include the future.

C. The plural includes the singular and vice versa.

D. The words “will” and “shall” are mandatory.

E. The word “may” indicates that discretion is allowed.

F. The word “used” includes designed, intended or arranged to be used.

G. The masculine gender includes the feminine and vice versa.

H. Distances shall be measured horizontally unless otherwise specified.

I. The word “building” includes a portion of a building or a portion of the lot on which it stands.

J. All day references refer to calendar days.

K. The terms “developer” and “applicant” are used interchangeably. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 99-008 § 2(A) (part), 1999)

17.200.035 Application types.

A. The city shall consolidate the development application and review in order to integrate the development permit and environmental review process, while avoiding duplication of the review processes.

B. All applications for development permits, design review approvals, variances and other city approvals under the development code shall be submitted on forms provided by the community development department. All applications shall be signed by the property owner, or accompanied by a letter of authorization signed by the property owner.

C. Land use applications occur in the following three types:

1. Type I (Administrative Quasi-Judicial). This application involves no or very little discretionary decision making in application of the applicable development ordinances, and has little to no significant impact to abutting property owners and/or the public in general. Examples include boundary line adjustments, building permits and home occupations.

2. Type II (Administrative Quasi-Judicial). This application type requires a higher degree of discretionary decision making in interpreting and applying the applicable development regulations, and has a greater degree of impact on abutting property owners and/or the general public. Examples include short plats, multifamily developments and commercial site plans abutting residential zones.

3. Type III (Hearing Quasi-Judicial and Legislative). This application type requires a high degree of discretionary decision making in interpreting and applying development regulations, and/or has a high degree of impact on property owners within the vicinity of the site and the public in general. Examples include subdivisions, conditional use permits (CUPs), code interpretations, rezones and planned unit developments (PUDs), or amendments to the comprehensive plan or plan map.

D. A complete classification of the land use application types is administratively maintained by the director. The city shall process each type of land use action in the manner prescribed in BGMC 17.200.060. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 04-024 § 53, 2004: Ord. 99-008 § 2(A) (part), 1999)

17.200.040 Roles and responsibilities.

The regulation of land development is a cooperative activity including many different elected and appointed boards and city staff. The specific responsibilities of these bodies are set forth below.

A developer is expected to read and understand and be prepared to fulfill the obligations placed on the developer by the development code.

A. Planning Director. The planning director has the authority and is responsible for the administration of the development code. The planning director shall review and act on the following:

1. Administrative Interpretation. Upon request or as determined necessary, the planning director shall interpret the meaning or application of the provisions of such title as well as development agreements executed under RCW 36.70B.170 and issue a written administrative interpretation within thirty days. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation. In issuing administrative interpretations, the planning director is authorized to accept deviations from design, dimensional, and aesthetic and buffering standards in the development code; provided, that any approved deviation results in a proposal that, in the judgment of the planning director, provides equivalent or superior design and/or protection to adjoining properties and is consistent with any development agreement related to the subject property.

2. Deviations. In reviewing and approving project permit applications, the planning director may approve administrative deviations from the standards in the BGMC; provided, that (a) any deviation is consistent with any development agreement related to the subject property; and (b) in the judgment of the planning director, any approved deviation would result in a project that is equivalent or superior to what would be required under the standards set forth in this chapter.

B. City Council. In addition to its legislative responsibility, the city council shall review and act on the following subjects, as set forth in this chapter:

1. Recommendations of the planning commission;

2. Any legislative action;

3. Decisions. The city council shall make its decision by motion, resolution or ordinance as appropriate.

C. Planning Commission. The planning commission shall conduct public hearings and make recommendations to city council on all legislative actions.

D. Hearings Examiner. The hearing examiner shall review and act on the following subjects, as set forth in Chapter 2.10 BGMC and this chapter:

1. All Type III land use actions that are site-specific in nature, and Type I and II appeals.

2. Hearing and reporting on any proposals to change the comprehensive plan map land use and/or implementing zoning designation of specific parcels of land, including such annual reviews which are applied for and are not of general applicability. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015: Ord. 12-19 § 9, 2012; Ord. 04-024 § 54, 2004: Ord. 99-008 § 2(A) (part), 1999)

17.200.045 Preapplication.

A preapplication conference is an opportunity for a prospective applicant to meet with city staff to discuss the requirements for a proposed development application.

A. Applicability. All Type II and III applications shall be subject to preapplication review, unless waived by the planning director.

B. Preapplication Waivers.

1. A preapplication conference is required for all Type II and III applications, unless waived by the planning director. Generally, the planning director may waive the preapplication conference only if he/she determines that the proposal is relatively simple (e.g., has few, if any, development-related issues), or it involves subsequent phases of an approved development where requirements are known, or an application is substantially similar to a prior proposal affecting substantially the same property, as determined by the planning director.

2. To request a waiver of a preapplication conference, the applicant shall submit:

a. A completed preapplication waiver request form provided by the planning director;

b. A written narrative justifying the request for preapplication waiver; and

c. Required fee.

C. Preapplication Conference Submittal Requirements. Requests for a preapplication conference submitted to the planning director shall contain the following information:

1. Completed and signed preapplication conference request form provided by the planning director accompanied by fees as identified in BGMC fee schedule.

2. Copies of a site plan or proposed plat, as appropriate for the proposed land use, drawn to a minimum scale of one inch equals twenty feet on a sheet no larger than twenty-four by thirty-six inches (one copy is acceptable if eleven by seventeen inches, if to scale). The development plan shall include sufficient information so city departments can make an adequate determination as to the potential impact of the proposal and respond accordingly.

3. Provide a written narrative and attach exhibits that give a complete and accurate depiction of what the proposal involves, including any specific questions to be answered by the city. If the applicant proposes any specific conditions or mitigation measures, this should be included in the narrative.

D. Upon receipt of a preapplication conference request, the planning director shall:

1. Within seven days schedule a date and time at which the conference will be held. The planning director may set a specific day of the week upon which conferences are to be held. Conferences shall be held at least two but no more than four weeks from the date the preapplication conference submittal is made.

2. Forward the materials submitted to the appropriate local agencies for review and comment.

3. Hold the conference. Conferences are held with the applicant and are attended by a representative from the planning, public works and fire departments, as applicable and appropriate.

4. The planning director shall provide to the applicant, other attending parties, and those who request a copy of the preapplication summary report in writing at the preapplication conference, unless otherwise arranged with the applicant.

5. Request for Second Conference. An applicant may submit a written request for a second preapplication conference within one calendar year after an initial preapplication conference. There is no additional fee for a second conference if the proposed development is substantially similar to the one reviewed in the first preapplication conference or if it reflects changes based on information received at the first preapplication conference.

6. Expiration. The preapplication comments from the city shall expire one year from the date the preapplication conference is held. Once the preapplication comments have expired the applicant must file a new request for a preapplication conference or receive approval of a preapplication waiver request in order to submit a development application. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015: Ord. 04-024 § 55, 2004: Ord. 00-024 § 7 (part), 2000; Ord. 99-008 § 2(A) (part), 1999)

17.200.046 Review for counter-complete status.

A. Prior to Acceptance of Application. Before accepting Type I, II, or III, a planning staff member from the city shall determine that the application is counter-complete. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application.

B. Complete Application. If the planning staff member decides that the application is counter-complete at the time of application, the application shall be accepted for review for technically complete status.

C. Incomplete Application. If the planning staff member decides the application is not counter-complete, he or she shall immediately reject the application and identify what is needed to make the application counter-complete. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015)

17.200.050 Review of technically complete status.

A. Determination. Within seven calendar days for Type I and within twenty-eight calendar days for Type II or III application, after receiving a counter-complete application, the planning director shall mail or provide in person a written determination to the applicant stating either:

1. The application is technically complete; or

2. That the application is not technically complete and what is necessary to make the application complete.

B. Application Content. An application shall include all of the information listed as application requirements in the application form; provided, that:

1. The planning director may upon written request waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Request for waivers shall be reviewed before applications are submitted for counter-complete review, or discussed at the preapplication conference, and confirmed in the preapplication conference summary.

2. The decision about the technically complete status of an application, including any required engineering, traffic or other studies, shall be based on the criteria for completeness and methodology set forth in the BGMC or in implementing measures adopted in a timely manner by the planning director and shall not be based on difference of opinion as to quality or accuracy.

3. An application’s technically complete and vesting status may be revoked if the planning director determines that the applicant intentionally submitted false information.

C. Incomplete Application. If the planning director determines an application is not technically complete, then within the time provided in subsection A of this section, the planning director shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application technically complete.

1. Upon submittal of requested information, the city shall, within seven days, issue a letter of completeness or identify what additional information is required.

2. If the city is unable to make a technically complete determination within the time frames provided for this section, the director shall provide notice to the applicant in writing as to when the determination will be made, which shall be no more than twenty-eight days following submittal of initial application or fourteen days following resubmittal.

3. If the applicant does not submit the missing items within six months, the application will be considered withdrawn. The applicant may request an extension if there have not been any substantial changes in the laws governing the development of the site and has actively pursued the development review in good faith.

D. Technically Complete Application. If the planning director determines that a Type I, II, or III application is technically complete, he or she shall:

1. If a Type I application, issue a notice of decision within twenty-eight calendar days pursuant to BGMC 17.200.060(E).

2. If a Type II application, issue a notice of application within fourteen calendar days pursuant to BGMC 17.200.065(E).

3. If a Type III application, issue a notice of application/hearing within fourteen days pursuant to BGMC 17.200.070(E).

E. Vesting. Applications shall be considered under the development regulations in effect at the time an application is determined technically complete. (Ord. 22-20 § 11, 2022; Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015: Ord. 13-07 § 26, 2013: Ord. 04-024 § 56, 2004: Ord. 00-024 § 15, 2000; Ord. 99-008 § 2(A) (part), 1999)

17.200.060 Type I applications.

A. Preapplication Conference. A preapplication conference is not required for any Type I application.

B. Application Requirements.

1. Application Forms. Type I applications shall be made on forms provided by the planning director.

2. Submittal Information. Type I applications shall:

a. Include the information set forth in the application and in the chapter of this title governing the permit requested;

b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and

c. Be accompanied by the required fees.

C. Counter-Complete Determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to BGMC 17.200.046.

D. Technically Complete Determination. No later than seven calendar days after receipt of a counter-complete Type I application, the planning director shall notify the applicant as to the completeness of the application. The city shall make a determination of technically complete status pursuant to BGMC 17.200.050. An application shall not be deemed technically complete until all information required by the code applicable to the permit sought is submitted.

E. Review by Planning Director. The planning director shall approve, approve with conditions, or deny a Type I application within twenty-eight calendar days after the date the application was accepted as technically complete; provided, that an applicant may agree in writing to extend the time in which the planning director shall issue a decision.

F. Final Decision. The final decision on a Type I application shall be mailed or emailed to the applicant, the property owner, and the applicant’s representative. The final decision on a Type I application shall contain the following information:

1. A statement of the applicable criteria and standards pursuant to the BGMC and other applicable law;

2. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;

3. The reasons for conclusions to approve, approve with conditions or deny the application;

4. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and

5. The date the final decision is signed.

G. Appeal of Final Decision. A Type I decision becomes effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of BGMC 17.200.140 shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the planning director, the Type I decision is considered final on the day it is signed by the planning director or on the day the waiver is approved, whichever is later. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015: Ord. 00-024 § 7 (part), 2000; Ord. 99-008 § 2(A) (part), 1999)

17.200.065 Type II applications.

A. Preapplication Conference. A preapplication conference is required for all Type II applications, unless waived by the planning director. Preapplication conference requirements and procedures are set forth in BGMC 17.200.045.

B. Application Requirements.

1. Application Forms. Type II applications shall be made on forms provided by the planning director.

2. Submittal Information. Type II applications shall:

a. Include the information set forth in the chapter of this title governing the permit requested;

b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and

c. Be accompanied by the required fees.

C. Counter-Complete Determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to BGMC 17.200.046.

D. Technically Complete Determination. No later than twenty-eight calendar days after receipt of a counter-complete Type II application, the planning director shall notify the applicant as to the completeness of the application. Determination of a technically complete status shall be pursuant to BGMC 17.200.050. An application shall not be deemed technically complete until all information in the code applicable to the action is submitted.

E. Notice of Application/Hearing. Within fourteen calendar days after the date a Type II application is determined technically complete, the planning director shall issue a notice of application which shall include all of the following:

1. The case file number(s), the date of application, the technically complete date of application and the date of the notice of application;

2. The location of the project;

3. A description of the proposed project action;

4. The proposed SEPA threshold determination, if the optional SEPA process is used; whether the application is categorically exempt from SEPA or other matters covered by SEPA;

5. The identification of any existing environmental documents that may be used to evaluate the proposed project;

6. A statement of fourteen-day public comment period, a statement that the public has the right to comment on the application, receive notice of the decision, request a copy of the decision once made, and a notice of any appeal rights;

7. The name of the applicant’s contact name, address and telephone number, if any;

8. City staff contact name, address and telephone number;

9. A map showing the subject property in relation to other properties or a reduced copy of the site plan;

10. An indication that after the comment period closes, the planning director shall issue a Type II notice of decision;

11. Any additional information determined appropriate by the planning director.

F. Distribution of Notice of Application. The notice of application shall be published in a newspaper of local circulation, posted on the property, and sent to the following persons by regular mail:

1. The applicant and all owners of the site which is the subject of the application;

2. All owners of record of property as shown on the most recent property tax assessment roll, located within five hundred feet of the site;

3. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice or which is otherwise entitled to such notice;

4. Any person who requested, in writing, to receive a copy of the notice of application.

G. Comment Period. The planning director shall allow fourteen calendar days after the date of notice of application is mailed and published in the paper for individuals to submit comments. Within seven calendar days after the close of the public comment period, the planning director shall mail to the applicant a copy of written comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to the comments of the planning director within fourteen calendar days from the date the comments are mailed. The planning director in making his/her decision shall consider written comments timely received in response to the notice of application and timely responses to those comments, including email communications, submitted by the applicant.

H. Timeline to Make Final Decision. The final decision on a Type II application shall be made and mailed not more than ninety days after the date a technically complete determination is made. This period shall not include:

1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city.

2. Time spent preparing an environmental impact statement.

3. Time between submittal and resolution of an appeal.

4. An extension of time mutually agreed upon by the applicant and the city in writing.

I. Final Decision. The final decision on a Type II application shall contain the following information:

1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and the decision;

2. The address or other geographic description of the subject property;

3. The date the planning director’s decision shall become final, unless appealed;

4. A statement that all persons entitled to notice or who have standing under BGMC 17.200.140 may appeal the decision;

5. A statement briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;

6. A statement of the applicable criteria and standards pursuant to the BGMC and other applicable law;

7. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law.

J. Distribution of the Final Decision. The final decision shall be sent by regular mail or email to:

1. The applicant, all owners of the site which is the subject of the application and parties of record;

2. Any person who requested, in writing, to receive a copy of the final decision of the planning director.

K. Final Decision and Effective Date. A Type II decision is subject to the required appeal period when the final decision is mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of BGMC 17.200.140 shall apply. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015)

17.200.070 Type III applications.

A. Preapplication Conference. A preapplication conference is required for all Type III applications, unless waived by the planning director. Preapplication conference requirements and procedures are set forth in BGMC 17.200.045.

B. Application Requirements.

1. Application Forms. Type III applications shall be made on forms provided by the planning director.

2. Submittal Information. Type III applications shall:

a. Include the information set forth in the chapter of this title governing the permit requested;

b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and

c. Be accompanied by the required fees.

C. Counter-Complete Determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to BGMC 17.200.046.

D. Technically Complete Determination. No later than twenty-eight calendar days after receipt of a counter-complete Type III application, the planning director shall notify the applicant as to the completeness of the application. Determination of a technically complete status shall be pursuant to BGMC 17.200.050. An application shall not be deemed technically complete until all information in the code applicable to the action is submitted.

E. Notice of Application/Hearing. Within fourteen calendar days after the date a Type III application is determined technically complete, the planning director shall issue a notice of application which shall include all of the following:

1. The case file number(s), the date of application, the date a technically complete application was filed, the technically complete date of application and the date of the notice of application;

2. The location of the project;

3. A description of the proposed project action;

4. The proposed SEPA threshold determination, if the optional SEPA process is used; whether the application is categorically exempt from SEPA or other matters covered by SEPA;

5. The identification of any existing environmental documents that may be used to evaluate the proposed project;

7. The name of the applicant’s contact name, address and telephone number, if any;

8. City staff contact name, address and telephone number;

9. A map showing the subject property in relation to other properties or a reduced copy of the site plan;

10. An indication that after the comment period closes, the planning director shall issue a Type III notice of decision;

11. Any additional information determined appropriate by the planning director;

12. The date, time, place, and type of hearing, if established at the time of the notice of application. If the hearing date has not been established at the time of issuance of the notice of application, the notice of hearing procedures of BGMC 17.200.120 shall apply;

13. A statement that a consolidated staff report and SEPA review will be available for review at no cost at least seven calendar days before the public hearing and the deadline for submitting written comments.

F. Distribution of Notice of Application. The notice of application shall be published in a newspaper of local circulation, posted on the property, and sent to the following persons by regular mail:

1. The applicant and all owners of the site which is the subject of the application;

2. All owners of record of property as shown on the most recent property tax assessment roll, located within five hundred feet of the site;

4. Any person who requested, in writing, to receive a copy of the notice of application.

G. Comment Period. The planning director shall allow fourteen calendar days after the date of notice of application is mailed and published in the paper for individuals to submit comments. Within seven calendar days after the close of the public comment period, the planning director shall mail to the applicant a copy of written comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to the comments of the planning director within fourteen calendar days from the date the comments are mailed. The planning director in making his decision shall consider written comments timely received in response to the notice of application and timely responses to those comments, including email communications, submitted by the applicant.

H. Timeline to Make Final Decision. The final decision on a Type III application shall be made and mailed not more than one hundred twenty days after the date a technically complete determination is made. Subdivision applications shall meet the timeline requirements set forth in RCW 58.17.140. This period shall not include:

1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city.

2. Time spent preparing an environmental impact statement.

3. Time between submittal and resolution of an appeal.

4. An extension of time mutually agreed upon by the applicant and the city in writing.

I. Final Decision. The final decision on a Type III application shall contain the following information:

1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and the decision;

2. The address or other geographic description of the subject property;

3. The date the planning director’s decision shall become final, unless appealed;

4. A statement that all persons entitled to notice or who have standing under BGMC 17.200.140 may appeal the decision;

5. A statement briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;

6. A statement of the applicable criteria and standards pursuant to the BGMC and other applicable law;

7. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;

8. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law.

J. Distribution of the Final Decision. The final decision shall be sent by regular mail or email to:

1. The applicant, all owners of the site which is the subject of the application and parties of record;

2. Any person who requested, in writing, to receive a copy of the final decision of the planning director.

K. Final Decision and Effective Date. A Type III decision is subject to the required appeal period when the final decision is mailed. A Type III decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of BGMC 17.200.140 shall apply. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017; Ord. 15-04 § 36 (part), 2015)

17.200.073 On hold status.

A Type I, Type II, or Type III application may be placed on hold if during review city staff finds that additional studies and information are required. The “on hold” status must be mutually agreed upon with the city and applicant, in writing, for an extension of review time. (Ord. 22-20 § 11, 2022)

17.200.075 Legislative actions.

The provisions of this section shall apply to all legislative amendments to BGMC Titles 12 (Streets and Sidewalks), 15 (Buildings and Construction), 16 (Land Divisions), 17 (Zoning) and 18 (Environmental Protection) or the comprehensive plan policies or texts.

A. Legislative changes shall be considered through a Type III land use action process, with the exception of those provisions set forth in subsections B and C of this section.

B. Supplemental Procedures.

1. Upon completion of a draft of any legislative amendment to any chapter subject to this section, the planning director shall:

a. Solicit comments from affected agencies, private industries and the general public. This shall be accomplished by:

i. Sending copies of the proposed amendment to any private industry directly affected by the proposed amendment, including a cover sheet identifying the comment period expiration date. If the proposed amendment is more than twenty pages in length, a written notice of its availability may be sent in lieu of the amendment itself. Failure to send to all industries affected by the proposed change shall not be a violation of this section.

ii. Publishing notice of the proposed amendment, consistent with subsection C of this section.

b. Upon expiration of the initial comment period, the planning director shall hold a work session with the planning commission to discuss the contents of the proposed amendments. Comments that result from the work session may be incorporated into the draft amendment.

c. Hold a work session with city council on the proposed amendment as revised by the planning commission.

d. Complete the hearings process consistent with a Type III land use action.

C. Supplemental Notice Provisions. The following notice provisions shall be implemented in conjunction with any proposed legislative amendment:

1. Initial Notice. Upon completion of a draft amendment, the planning director shall publish notice of the proposed change in the newspaper of general circulation. The notice shall state the following:

a. What chapter is proposed to be amended;

b. A brief description of the proposed amendment;

c. The name and telephone number of the staff contact;

d. Where a copy of the proposed amendment may be obtained;

e. The deadline by which comments on the proposed change may be submitted.

2. Hearing Notice. Once the initial comment period has expired, the planning director shall schedule the matter for public hearing. The notice for public hearing shall be consistent with the notice provisions for a Type III application, except as follows: Notice shall be sent to parties of record who responded to the initial publication or request for comments. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015)

17.200.104 Post-decision review.

A. General Provisions.

1. Except for final and recorded plats, post-decision procedures may modify an approved development without necessarily subjecting the change to the same procedure as the original application. Such changes may be warranted by ambiguities or conflicts in a decision, by new information or laws, as a result of unforeseen physical site conditions that warrant modifications to the project, or as a desire to change aspects of a project.

2. The applicant or subsequent designee may apply for a post-decision review at any time prior to the recording of a plat. The post-decision review, which may be of any Type I, II or III decision, must be made describing the nature of the proposed change to the decision and the basis for that change, including the applicable facts and law, together with the fee prescribed for that application, as provided in the Battle Ground fee table.

3. An application for post-decision review is not subject to preapplication review, unless it is determined by the planning director that a Type III review is warranted. Post-decision review applications shall contain the submittal requirements as outlined in this chapter.

4. As part of a determination of completeness of an application for post-decision review of a Type I, II or III decision, the planning director shall classify the application as a Type I, II or III procedure and advise the applicant in writing of that classification. In addition, all parties of record from the original decision shall also be notified of the decision in writing. The classifications in this chapter are recommended, but the classification of each post-decision review shall be based on the circumstances of that decision and the guidelines in subsection C of this section. The decision classifying the application shall be subject to appeal as part of the decision on the merits of the post-decision review.

5. Post-decision review cannot substantially change the nature of development proposed pursuant to a given decision. As part of a determination of completeness of an application for post-decision review of a Type I, II, or III decision, the planning director may issue a decision that the proposed change in a decision should not be subject to post-decision review; it should be subject to a new application on the merits of the request. That decision may be appealed to the hearings examiner pursuant to this chapter.

6. An application for post-decision review does not extend the deadline for filing an appeal of the decision being reviewed and does not stay appeal proceedings.

7. Post-decision review can only be conducted in regard to a decision that approves or conditionally approves an application. An application that is denied is not eligible for post-decision review.

B. Exceptions. The provisions in this section do not apply to the following:

1. Recorded subdivision and short plats.

C. Classification of Post-Decision Review. At no time shall a decision be subject to a higher type post-decision procedure than the original decision.

1. An application for post-decision review is subject to a Type I review when:

a. The change reduces the potential adverse impact of the development authorized by the decision; and

b. Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and

c. Does not involve an issue of broad public interest, based on the record of the decision; and

d. Does not require additional SEPA review.

2. An application for post-decision review is subject to a Type II review when it:

a. Is consistent with the applicable law or variations permitted by law, including a permit to which the development is subject; and

b. Requires an additional SEPA review based on increased impacts to the threshold determination as listed in Chapter 18.115 BGMC; or

c. The change does not increase the impact, but it modifies the proposal from what was noticed to the public in the initial review and may impact neighbors or other interested parties differently than what was proposed previously.

3. An application for post-decision review is subject to a Type III review before the hearing examiner when:

a. The proposed modification is of a Type III decision and still requires a high degree of discretionary decision making in interpreting and applying development regulations, and/or has a high degree of impact on property owners within the vicinity of the site and the public in general.

D. Vesting. Applications which qualify for post-decision review shall remain vested to the laws in place at the time the original application vested. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015: Ord. 12-19 § 11, 2012; Ord. 06-13 § 1, 2006: Ord. 06-07 § 12, 2006)

17.200.120 Public hearing procedures.

A. Assignment of Review Bodies.

1. Proposed land use actions shall be reviewed as indicated in this chapter. All listed actions reviewed by the hearing examiner, planning commission, and city council shall be conducted at a public hearing according to the applicable procedures in the BGMC, and decisions that shall be issued based on compliance with applicable standards, pursuant to this title.

2. The planning director shall have the authority to assign the review body in cases in which this chapter and the BGMC do not clearly identify the appropriate review body. The act of assigning the review body shall be a Type I decision.

B. Hearing Requirements. Hearing requirements applicable to the hearing examiner (Type III applications and appeals of Type I and II applications).

1. Notice of Hearing. Notice of a Type I or II appeal hearing shall be given by the planning director in the following manner (notice of hearing for a Type III application is governed by BGMC 17.200.070(E)):

a. At least ten calendar days prior to the hearing date, notice shall be sent by mail to:

i. The applicant and all owners of the site that is the subject of the application;

ii. All parties of record;

iii. Any person who has submitted a written request to be notified; and

iv. The appellant and all parties to the appeal.

b. The planning director shall cause an affidavit of mailing of notice to be prepared and made a part of the file, which demonstrates the date that the required notice was mailed to the necessary parties.

c. At least ten calendar days prior to the hearing, notice of the hearing shall be given in a newspaper of general circulation in the city. An affidavit of publication concerning such notice shall be made part of the administrative record.

d. At least ten calendar days prior to the hearing, notice of the hearing shall be posted on the site, pursuant to subsection (B)(2) of this section. An affidavit of posting concerning such notice shall be prepared and shall be submitted and made part of the administrative record.

2. Content of Notice. Notice of a Type I or II appeal hearing shall contain the following information:

a. Explain the nature of the appeal.

b. List the applicable criteria that apply to the appeal issues.

c. The street address or other easily understood geographical reference to the subject property.

d. State the date, time, and location of the hearing.

e. State that the failure to raise an issue at the hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue may preclude further appeal based on that issue.

f. Include the name of a city representative to contact and the telephone number where additional information may be obtained.

g. State that a copy of the appeal and all documents and evidence submitted by or on behalf of the appellant and the applicable criteria are available for inspection at no cost and that copies shall be provided at a reasonable cost.

h. State that a copy of the staff report shall be available for review at least seven calendar days prior to the hearing, and that a copy shall be provided at a reasonable cost.

i. Include a general explanation of the requirements for submission of testimony and the procedure for conducting hearings.

3. Staff Report Issuance. At least seven calendar days before the date of the hearing for a Type III application or Type I or II appeal hearing, the planning director shall issue a written staff report and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review, and shall mail a copy of the staff report and recommendation without charge to the applicant and applicant’s representative. If the planning director does not issue the staff report at least seven days before the date of the hearing, the applicant or appellant shall be entitled to ask for a continuance without penalty.

4. Conduct of the Hearing. At the commencement of the hearing, a statement shall be made to those in attendance that:

a. The hearing examiner shall:

i. State that testimony and evidence shall be directed toward the relevant criteria described in the staff report or other criteria in the plan or plan use regulation that the person testifying believes to apply to the decision;

ii. State that failure to raise an issue at the hearing may limit the issues that can be considered at the city council hearing.

b. Staff shall present a staff report, containing a summary of the proposal or appeal, and recommended findings and conclusions. Conditions of approval for a Type III application may be recommended.

c. The applicant or appellant shall be entitled to present evidence and argument in support of the applications(s) or appeal.

d. Any participant may present evidence and argument for or against the proposal or appeal.

e. The applicant or appellant shall have the final opportunity to conclude its case before close of the public hearing.

f. The hearing examiner shall declare the public hearing closed and may have questions for staff, the applicant/appellant, or any member of the public who testified.

5. Additional Evidence. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony regarding the application so long as the evidence and testimony is within the scope of the hearing. The hearing examiner may grant such a request by continuing the public hearing pursuant to subsection (B)(5)(a) of this section or by leaving the record open for additional evidence or testimony pursuant to subsection (B)(5)(b) of this section.

a. Continuance. If the hearing examiner grants a continuance, the hearing shall be continued to a date, time, and place certain at least seven calendar days from the date of the initial evidentiary hearing. Further notification is not required in such cases. Continuation of hearings to time or place uncertain is also permitted; provided, that new notice is given pursuant to this chapter. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven calendar days to allow the submittal of written evidence or testimony for the purpose of responding to the new written evidence;

b. Record Left Open. If the hearing examiner leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven calendar days. The hearing examiner shall state where additional written evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the hearing. Any participant may file a written request with the hearing examiner for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearing examiner shall reopen the record pursuant to this subsection. Unless waived by the applicant, the hearing examiner shall allow the applicant at least seven calendar days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant’s final submittal shall be considered part of the record, but shall not include any new evidence.

6. Content and Custody of the Record.

a. The record shall contain all testimony and evidence that is submitted and not rejected;

b. The hearing examiner may take official notice of facts pursuant to the applicable law. If the hearing examiner takes official notice, he/she must announce this intention and allow the parties to the hearing to present evidence concerning the fact;

c. The hearing examiner shall retain custody of the record as appropriate, until a final decision is rendered.

7. Impartiality. Parties to a Type III application or Type I or II appeal hearing are entitled to an impartial review authority as free from potential conflicts of interest and prehearing ex parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials. Therefore:

a. The hearing examiner shall disclose the substance of any prehearing ex parte contacts (excluding de minimis contacts) with regard to the matter at the commencement of the public hearing on the matter. The hearing examiner shall state whether the contact has impaired the impartiality or ability of the examiner to decide on the matter and shall participate or abstain accordingly.

8. Ex Parte Communications.

a. The hearing examiner shall not:

i. Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to participate.

ii. Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case.

b. No decision or action of the hearing examiner shall be invalid due to ex parte contacts or bias resulting from ex parte contacts with the hearing examiner if the hearing examiner:

i. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and

ii. Makes a public announcement of the content of the communication and of the parties’ right to rebut the substance of the communication made at the first hearing following the communication where action shall be considered or taken on the subject to which the communication is related.

c. Communication between city staff and the hearing examiner as part of a Type III application or appeal of a Type I or II appeal hearing shall not be considered ex parte contact.

9. Presenting and Receiving Evidence.

a. The hearing examiner may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony;

b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, but only pursuant to the schedule and procedure announced by the hearing examiner prior to the close of the public hearing, or as otherwise provided by this section;

c. The hearing examiner may visit the site and the surrounding area, and may use information obtained during the site visit to support his or her decision, provided the information relied upon is disclosed at the hearing and that an opportunity is provided to rebut such evidence. In the alternative, a site visit may be conducted by the hearing examiner for the purpose of familiarizing the reviewing body with the site and the surrounding area, but not for the purpose of independently gathering evidence. In such a case, at the commencement of the hearing, the hearing examiner shall disclose the circumstances of the site visit and shall provide the parties with an opportunity to question the hearing examiner concerning the site visit.

10. The Decision Process.

a. Basis for Decision. Approval, conditional approval or denial of a Type III application or a Type I or II appeal shall be based on standards and criteria, which shall be set forth in the BGMC or in uncodified ordinances.

b. Final Decision. The hearing examiner shall issue a final order containing the following information:

i. The nature of the application or appeal in sufficient detail to apprise persons entitled to notice of the decision;

ii. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;

iii. If the actual decision is not mailed, a statement of where the final decision can be obtained;

iv. The date the decision shall become final, unless appealed;

v. A statement that all persons entitled to notice or who have standing under BGMC 17.200.140 may appeal the decision;

vi. A statement of applicable criteria and standards pursuant to BGMC and other applicable law;

vii. A statement of the facts demonstrating how the application or appeal does or does not comply with applicable approval criteria;

viii. The reasons for a conclusion to approve, deny or condition the application or appeal;

ix. The decision to approve or deny the application or appeal, and if approved conditions of approval necessary to ensure the proposed development will comply with the applicable law;

x. Copies of the mailing labels showing the persons who were mailed the notice of decision;

xi. A statement regarding any procedural issues decided in the case, with the reasons to approve or deny said procedural request, if any.

c. Decision-Making Time Limits. A final decision for any Type III applications or Type I or II appeal decision shall be filed with the planning director within fourteen calendar days after the close of the record.

11. Distribution of Final Decision. A final decision on a Type III application or Type I or II appeal decision shall be mailed to the following:

a. The applicant and/or appellant;

b. The owner(s) of the property included in the subject application or appeal;

c. All parties of record;

d. Anyone who requested in writing a notification of the decision on a particular matter;

e. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city that includes provision for such notice or which is otherwise entitled to such notice;

f. Anyone who provided oral or written testimony entered into the record at the public hearing.

12. Final Decision and Effective Date. A hearing examiner decision is final for purposes of appeal when the final decision is mailed. Such decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of BGMC 17.200.140 shall apply. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 15-04 § 36 (part), 2015: Ord. 00-024 § 7 (part), 2000; Ord. 99-008 § 2(A) (part), 1999)

17.200.140 Appeals and reconsideration.

A. If an appeal is filed in compliance with the BGMC, the appeal hearing review bodies as indicated in Table 17.200.140-1 shall hear the filed appeals.

1. An appeal hearing before the hearing examiner shall be conducted according to the procedures set forth in BGMC 17.200.120.

2. An appeal hearing heard before an otherwise specified body shall be conducted pursuant to the hearing rules as specified by said review body and any applicable provisions of the BGMC, RCW, Washington State Court Rules, or other applicable requirements.

3. Notice of the appeal decision shall be mailed to all parties listed under BGMC 17.200.120.

Table 17.200.140-1

Appeal Bodies
Land Use and/or Code Enforcement Action	Review Authority If Appealed
Type I Applications	Hearing examiner; further appeal to superior court
Type II Applications	Hearing examiner; further appeal to superior court
Type III Applications	Appeal to superior court per Chapter 36.70C RCW
Code compliance decisions issued pursuant to Chapter 20.100 BGMC	Hearing examiner; further appeal to superior court

B. Type I, Type II, or Code Compliance Decision Issued Pursuant to Chapter 20.100 BGMC Appeal Submittal. Any party with standing under subsection C of this section may submit a written application for appeal of any Type I, Type II, or code compliance decision issued pursuant to Chapter 20.100 BGMC. The applicant shall include all of the information listed below, in addition to payment in full of the required appeal fee, to the community development director. The appeal must be received no later than fourteen calendar days after written notice of the decision is issued. The appeal application shall be received by the community development office by mail, electronically, or in person by 5:00 p.m. of the appeal deadline.

1. The case number as designated by the city on the Type I, Type II, or code compliance decision issued pursuant to Chapter 20.100 BGMC that is being appealed;

2. The name and signature of each appellant and their authorized representative, if any. If multiple parties file a single appeal, the application shall designate one party as the contact representative for all contact with the community development director. All contact with the community development director regarding the appeal, including notice, shall be with the designated contact representative;

3. A statement establishing the basis for standing each appellant has to file the appeal pursuant to the requirements of subsection C of this section;

4. The specific component or section of the decision or determination being appealed and the specific reasons why each is in error as a matter of fact or law;

5. If the appeal is pertaining to a Type I or Type II decision, a statement demonstrating that the specific issues raised on appeal were raised during the period in which the record was open; and

6. Payment in full of the appeal fee as per Battle Ground fee schedule. The fee shall be refunded if the appellant requests a withdrawal of the appeal in writing at least fourteen calendar days before the scheduled appeal hearing date.

a. If an appellant is unable to afford the cost of the appeal fee as set by the Battle Ground fee schedule for an appeal specific to enforcement of BGMC Title 6, he or she may file an indigency screening form with the community development director with a request for the appeal fee to be waived. If this form establishes that he or she is indigent, the appeal fee shall be waived. The indigency screening form may be requested from the community development director.

C. Standing to Appeal to the Hearing Examiner.

1. Type I Decision. Only the applicant and property owner have standing to appeal a Type I decision, unless otherwise specified in this title.

2. Type II Decision. The following parties have standing to appeal a Type II decision:

a. The applicant or owner of the subject property;

b. Any party eligible for written notice of a pending Type II administrative decision; and

c. Any other party who demonstrates that they participated in the decision process through the submission of written testimony.

3. Code Compliance Decision Issued Pursuant to Chapter 20.100 BGMC. The following parties have standing to appeal a code compliance decision issued pursuant to Chapter 20.100 BGMC:

a. Any person named by the city as a responsible party on the code compliance decision issued pursuant to Chapter 20.100 BGMC;

b. The owner, tenant, or other legally responsible party for the property subject to the appeal; and

c. The complainant of the underlying code compliance decision issued pursuant to Chapter 20.100 BGMC if said complainant submitted a written request to the community development director prior to the code compliance decision being issued requesting to be notified of the city’s response to the complaint filed by the complainant.

D. Type I, Type II, and Code Compliance Decision Issued Pursuant to Chapter 20.100 BGMC Appeal Process.

1. All written petitions for appeal submitted to the community development director which are in full compliance with subsections B and C of this section shall be scheduled for a public appeal hearing before the hearing examiner. A final decision shall be rendered by the hearing examiner within ninety calendar days of the filing date of the written petition for appeal. Extensions of the scheduled public appeal hearing and thereby a corresponding extension of the deadline for the final decision are permitted upon mutual agreement of the appellant(s) and the community development director. If a final decision is not reached within the time frame as provided herein, the community development director shall so notify the appellant and shall provide a reason for the delay and an estimated date of final decision issuance. If the community development director provides such notification, there shall be no penalty or prejudice to the appellant or the city in the event of a delay of the issuance of the final decision.

2. Notice of the public appeal hearing before the hearing examiner shall be mailed to all parties listed in BGMC 17.200.120.

E. Hearing Examiner Reconsideration of Final Decision.

1. Any party to the appeal that participated in the public appeal hearing, including any appellant or the city, may file a written request for reconsideration of the final decision with the hearing examiner within ten business days of the date of the hearing examiner’s final decision. The request shall explicitly set forth the alleged errors of procedure, law, or fact. The request shall additionally be provided to all other parties that participated in the public appeal hearing within the same time period. Any nonmoving party shall have the right to file a written response within ten business days of receipt of the written request for reconsideration. The hearing examiner shall act within ten business days after the deadline for the filing of a response by the nonmoving party has expired by denying the request, issuing a revised decision, or by setting a new public appeal hearing on the issues raised in the written request for reconsideration. The decision on the request for reconsideration and/or issuing a revised decision shall be mailed to all parties of record.

F. Subsequent Appeals of Hearing Examiner Final Decision.

1. Hearing examiner final decisions may be subsequently appealed to superior court within twenty-one calendar days after the date of decision, subject to compliance with appeal eligibility and notice provisions as specified by Chapter 36.70C RCW, if applicable.

2. Appeal decisions by the hearing examiner on shoreline substantial development permits, shoreline variance permits, and shoreline conditional use permits may be subsequently appealed to the State Shorelines Hearings Board pursuant to applicable law.

G. Type III Decision Appeals. Type III decisions may be appealed to superior court within twenty-one calendar days after the date of decision, subject to compliance with appeal eligibility and notice provisions as specified by Chapter 36.70C RCW. (Ord. 21-35 § 8, 2021; Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 09-07 § 1, 2009)

17.200.201 Authorization.

Per RCW 35.91.020, the city must contract with the owner of real estate for the construction or improvements of water or sewer facilities that the owner elects to install solely at the owner’s expense. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 09-07 § 2, 2009)

17.200.202 General description of water and sewer reimbursement contracts.

Under the conditions and provisions set forth in this article and Chapter 35.91 RCW, the city will enter into a water and/or sewer reimbursement contract with the owner of real estate for the construction or improvement of water or sewer facilities that the owner elects to install solely at the owner’s expense. The contract will provide for the pro rata reimbursement to the owner or the owner’s assigns for a period of twenty years from latecomer fees received by the city from property owners who subsequently connect to or use the water or sewer facilities, but who did not contribute to the original cost of the facilities. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017)

17.200.203 Conditions for entering into a reimbursement agreement.

The city must enter into a water or sewer reimbursement contract when all of the following conditions are met:

A. The application for a reimbursement agreement shall be made within thirty days from the completion of a water or sewer facility.

1. Water or sewer facilities improved or constructed must be within the city’s urban growth boundary or approved water service boundary to be eligible and must be consistent with all comprehensive plans and development regulations of the city. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 09-07 § 4, 2009)

17.200.204 Contract approval, execution and recording.

A. Within thirty days of the community development department receiving the application for a development reimbursement agreement, the community development department will provide the applicant written notice of whether the application is complete and, if incomplete, what must be done for the application to be considered complete. The applicant will have no more than thirty days from the date of the written notice to respond and provide the information required to complete the application or, if the applicant cannot submit the required information within the thirty-day period, the applicant shall provide the city a written explanation of why they cannot provide the information within the designated time frame and a date that the requested information will be submitted. The director of community development may grant the applicant an extension of not more than sixty days to submit the required information. If the required information is not submitted within the time frame allowed, the city may reject the application as untimely.

B. Verification by the owner and approval by the city of all contracts and costs related to the water or sewer facility shall be as follows: The owners of the real estate must submit the total cost of the water or sewer facility to the city. This information must be used by the city as the basis for determining reimbursement by future users who benefit from the water or sewer facility, but who did not contribute to the original cost of the water or sewer facility.

C. A standard form for water or sewer reimbursement contract will be provided by the city to the owner, containing such contract provisions as required by the city. The contract shall be filed and recorded with the Clark County auditor. The contract shall include, at a minimum, the following mandatory provisions:

1. The contract will provide for the pro rata reimbursement to the owner or the owner’s assigns.

2. The contract will be in effect for twenty years from the date of its filing for recording by the city or the current timeline allowed under Chapter 35.91 RCW.

3. The reimbursement must be received by the city within the period of time that the contract is effective.

4. The contract will set forth the reimbursement obligation as calculated by the city for each affected parcel for a portion of the costs of the water or sewer facilities improved or constructed in accordance with the contract. The amount of the total reimbursement obligation under the contract is limited to the dollar amount verified and approved as costs related to the water or sewer facility.

5. The reimbursements will be paid from latecomer fees received by the city from property owners who subsequently connect to or use the water or sewer facilities, but who did not contribute to the original cost of the facilities. All latecomer fees received by the city within the effective period of the contract shall be paid out by the city under the terms of its contract within sixty days after receipt thereof.

6. The contract will include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the city with information regarding the current contact name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this subsection within sixty days of the specified time, then the city may collect any reimbursement funds owed to the property owner under the contract. The funds collected under this subsection must be deposited in the capital fund of the city.

D. No person shall be granted a permit or be authorized to tap into or use any such water or sewer facility without first paying to the city the required connection fees, in addition to any and all other costs and charges made or assessed for such tap or connection under the reimbursement contract.

E. Nothing in this section is intended to create a private right of action for damages against a municipality for failing to comply with the requirements of this section. A municipality, its officials, employees, or agents may not be held liable for failure to collect a latecomer fee unless the failure was willful or intentional.

F. Nothing in this section prevents the city from collecting amounts for services or infrastructure that are additional expenditures not subject to the ordinance, contract, or agreement, nor does it prevent the collection of fees that are reasonable and proportionate to the total expenses incurred by the city in complying with this section.

G. The director of community development shall establish additional internal policies and procedures for processing and executing application and complying with the requirements of this article. (Ord. 18-10 § 5 (part), 2018: Ord. 17-06 § 9 (part), 2017: Ord. 09-07 § 9, 2009. Formerly 17.200.208)