Chapter 20.28
NOTICES
Sections:
20.28.020 Identification of interested parties and other agencies with jurisdiction.
20.28.030 Optional additional public notice.
20.28.040 Determination of complete application.
20.28.050 Incomplete application.
20.28.060 Notice of application.
20.28.070 Contents of the notice of application.
20.28.080 Distribution of notice of application.
20.28.090 Notice of public hearing.
20.28.100 Content of a notice of public hearing.
20.28.010 Purpose.
The purpose of this chapter is to identify notice requirements for all permit applications that require notices as identified in Table 1 of BMC 20.08.030. (Ord. 13-19 § 2, 2019).
20.28.020 Identification of interested parties and other agencies with jurisdiction.
For permits that require a notice of application and/or a public hearing, following shall apply:
(1) The applicant shall supply with its application a list and associated map of all property owners, as listed by the Pierce County assessor’s office, within 300 feet of the property boundaries of the property identified in the proposal.
(a) If the proposal is contiguous to property owned by the applicant or more than one property is involved in the proposal, the 300 feet shall be drawn from the exterior boundary of the combined parcels.
(2) To the extent known by the city, other agencies that may have jurisdiction over some aspect of the project permit application shall be identified in the city’s determination of complete application, and included in the list of property owners within 300 feet of the proposed project. (Ord. 13-19 § 2, 2019).
20.28.030 Optional additional public notice.
(1) In addition to the notice requirements of this chapter, the city may require or perform one or more of the following optional methods of providing public notice of any project permit that are authorized for projects that the director determines may be of significant public interest:
(a) Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(b) Notify the news media;
(c) Place notices in appropriate regional or neighborhood newspapers or trade journals;
(d) Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas;
(e) Mail to potentially affected property owners; and
(f) Place notices on the Internet.
(2) The city’s failure to provide the optional notice as described in this section shall not be grounds for invalidation of any permit decision. (Ord. 13-19 § 2, 2019).
20.28.040 Determination of complete application.
A project permit application is complete for the purposes of this chapter when it meets the submission requirements contained in this title and the submission requirements contained in the applicable development regulations.
(1) Within 28 days after receiving a project permit application, the city shall mail a determination to the applicant which states either:
(a) That the application is complete; or
(b) That the application is incomplete and what is necessary to make the application complete.
(2) A project permit application shall be deemed complete under this chapter if the city does not provide a written determination to the applicant that the application is incomplete within 28 days of receiving the application. Notwithstanding a failure to provide a determination of complete application, the city may request additional information throughout review of the proposal.
(3) The city’s determination of complete application shall not preclude the city from requiring additional information, that the applicant correct plans or perform studies at any time if new information is required for project review, or if there are substantial changes in the proposed action.
(a) If additional information is required during the review process, the applicant shall have 90 days to submit the necessary information to the city.
(b) If the applicant either refuses in writing to submit additional information or does not submit the required information within the 90-day period, the director shall determine that the application is abandoned and is therefore withdrawn, according to the procedures of a Type A-1 action. The determination shall be in writing and shall identify the right to appeal.
(c) In those situations where the director deems an application withdrawn because the applicant fails to submit the required information within the necessary time period, the applicant will forfeit the application fee. (Ord. 13-19 § 2, 2019).
20.28.050 Incomplete application.
(1) If the applicant receives a determination from the city that an application is not complete, the applicant shall submit the required information within 90 days to the city.
(2) Within 14 days after an applicant submits the required information, the city shall determine whether the application is complete or incomplete.
(a) After submittal of material, if the city deems the application to be still incomplete, another determination of incomplete application shall be issued. (Ord. 13-19 § 2, 2019).
20.28.060 Notice of application.
(1) Within 14 days after the date an application is determined to be complete, the review authority shall issue a notice of application containing the information required in BMC 20.28.070.
(2) The notice of application shall be distributed and publicized as required by BMC 20.28.080 at least 15 days prior to any open public hearing on the application. (Ord. 13-19 § 2, 2019).
20.28.070 Contents of the notice of application.
Modification to this section may be in the individual chapter requiring the permit or notice, such as shorelines.
(1) The notice of application shall include:
(a) The name of the applicant or applicant’s representative and the case file number for the application;
(b) The date of application, the date of the determination of complete application for the application and the date of the notice of application;
(c) The street address location of the project or, if unavailable, the location in reference to roadway intersections;
(d) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under this code;
(e) The identification of other permits required by other agencies with jurisdiction not included in the application, to the extent known by the city;
(f) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed;
(g) The name of the city staff contact and telephone number;
(h) A statement of the limits of the public comment period, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights.
(i) The public comment period shall not be less than 14 days nor more than 30 days following the date of the notice of application.
(i) The date, time, place and type of hearing, if applicable and scheduled at the date of the notice of application;
(j) A statement of the preliminary determination of consistency with applicable development regulations and the Buckley comprehensive plan, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and determination of consistency as provided in RCW 36.70B.040;
(k) Any other information determined appropriate by the city, such as the city’s pending SEPA threshold determination or a statement advising that a final environmental determination shall be made following a comment period;
(2) If a local government has made a determination of significance under Chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application;
(3) A statement that the final decision on the application will be made within the certain time period established by this title. (Ord. 13-19 § 2, 2019).
20.28.080 Distribution of notice of application.
Notices of application required by Table 1 of BMC 20.08.030 shall be distributed and publicized as follows:
(1) Posting the property for site-specific proposals shall consist of one or more notice boards posted by the applicant or the applicant’s representative. A single notice board shall be placed by the applicant at the midpoint of the site street frontage or as otherwise directed by the city for maximum visibility and where it is completely visible to pedestrians and vehicle traffic.
(a) Additional notice boards may be required when:
(i) The site does not abut a public road;
(ii) A large site abuts more than one public road;
(iii) The director determines that additional notice boards are necessary to provide adequate public notice; or
(iv) The city may also require notices to be posted in conspicuous places visible on the site or in the vicinity of a proposed action at least 10 days before the close of the comment period.
(b) Notice boards shall be:
(i) Maintained in good condition by the applicant during the notice period;
(ii) In place at least 30 days prior to the date of predecision hearing; and
(iii) Removed by the applicant within 15 calendar days after the end of the notice period.
(iv) An affidavit of posting shall be submitted to the director by the applicant prior to the hearing or final comment date. If the affidavit is not filed as required, any scheduled hearing or date by which the public may comment on the application will be postponed in order to allow compliance with this notice requirement. Notice boards shall be constructed and installed in accordance with specifications promulgated by staff.
(2) The notice of application shall be published in the city’s official newspaper of general circulation. Published notice shall include at least the project’s street address or location, project description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed.
(3) The notice of application shall be mailed to:
(a) The applicant and the applicant’s representative;
(b) Owners of property within a radius of 300 feet of the edge of the property that is the subject of the application:
(i) As required by BMC 20.20.050, the applicant shall provide the city with self-addressed, stamped, and self-sealing envelopes and a list of adjacent property owners. This list shall be updated for each required round of public noticing. This list may be created or verified by the city planning department;
(ii) Failure of a property owner to receive notice does not invalidate the decision if the notice was sent; a sworn certificate of mailing executed by the person who did the mailing shall be conclusive evidence that notice was mailed to parties listed or referenced in the certificate; and
(iii) Other people the review authority believes may be affected by the proposed action or who request such notice in writing.
(4) Notice of the filing of a preliminary plat application of a proposed subdivision located adjoining the city’s municipal boundaries shall be given to the appropriate county officials.
(5) Notice of the filing of a preliminary plat application of a proposed subdivision located adjacent to the right-of-way of a state highway shall be given to the Secretary of the Washington State Department of Transportation, who must respond within 15 days of such notice.
(6) Upon acceptance of a complete application, the director shall transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those agencies responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 days following the date of the notice of application to comment. The director may grant an extension of time if needed.
(7) Department shall maintain for public review a list of pending projects (public inspection files), including project status. However, the failure by the department to maintain and update the project status list shall not be grounds for invalidation of any permit decision. (Ord. 02-22 § 15, 2022; Ord. 13-19 § 2, 2019).
20.28.090 Notice of public hearing.
Open record public hearings required by Table 1 of BMC 20.08.030 are subject to the notice requirements of this section and BMC 20.28.100. A notice of a public hearing shall be mailed, posted and first published not less than 15 days prior to the hearing date. Notice of the public hearing shall be in accordance with BMC 20.28.100. (Ord. 13-19 § 2, 2019).
20.28.100 Content of a notice of public hearing.
(1) The notice given of a public hearing required in this title shall contain:
(a) The name and address of the applicant or the applicant’s representative;
(b) Description of the affected property, including the street address (if any) and either a vicinity location sketch (including roadway intersections) or written description, other than a legal description, reasonably sufficient to inform the public of the location;
(c) The date, time and place of the hearing;
(d) The hearing body;
(e) A description of the nature of the proposed use or development and file number(s), if applicable;
(f) A statement that all interested persons may provide oral or written comments or testimony at the hearing;
(g) Where information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be submitted;
(h) The name of the city staff contact or representative and the telephone number where additional information may be obtained;
(i) That a copy of the application and staff report, and all documents and evidence relied upon by the applicant and applicable criteria, are available for inspection at the department at no cost.
(2) General Procedure for Mailed Notice of Public Hearing.
(a) For all public hearings required by this title, mailed notice shall be provided to all owners of property located within 300 feet of the property lines of the project site. The applicant shall provide the city with self-addressed, stamped envelopes and a list of all such adjacent landowners. This list may be created or verified by the city planning department. The director shall issue a sworn certificate affirming the mailing of notice to all persons entitled to notice under this title. The director may provide notice to other persons than those required to receive notice under the title.
(b) For all public hearings required by this title, mailed notice shall also be provided to all persons who submitted written comments on the application and provided a mailing address.
(c) All public notices shall be deemed to have been issued three days after mailing or on the date then notice is personally delivered.
(3) Procedure for Posted or Published Notice of Public Hearing.
(a) Posted notice of the public hearing is required for all Type C-1 and C-2 project permit applications. The posted notice shall be posted as required by this title.
(b) Published notice is required for all public hearings required by this title. The published notice shall be published in the city’s official newspaper.
(4) An additional notice of the hearing may be given to adjacent property owners by any other reasonable method the city deems necessary.
(5) Time and Cost of Notice of Public Hearing.
(a) Notice of a public hearing shall be mailed, posted and first published not less than 14 days prior to the hearing date. Any posted notice shall be removed by the applicant within 14 days following the public hearing.
(b) All costs associated with the public notice shall be borne by the applicant.
(6) As optional methods of providing notice of public hearing, the city may notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered. (Ord. 13-19 § 2, 2019).
20.28.110 Notice of decision.
(1) The city shall provide a notice of decision that includes the following information:
(a) The application information;
(b) The decision;
(c) A statement of any threshold determination made under SEPA (Chapter 43.21C RCW);
(d) The procedures for administrative or judicial appeal, if any;
(e) The right that the affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.
(2) The notice of decision shall be provided to the Pierce County assessor, to the applicant, and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application, or as required by another section of code. (Ord. 02-22 § 16, 2022; Ord. 13-19 § 2, 2019).