Chapter 18.08
LAND USE PERMIT PROCEDURES
Sections:
18.08.030 Classification of actions.
18.08.040 Submission of land use permit application.
18.08.050 Integrated and consolidated process.
18.08.060 Counter complete status.
18.08.070 Technically complete status.
18.08.080 Notice of application.
18.08.090 Notice of public hearing.
18.08.100 Determination of consistency.
18.08.120 Decision time lines.
18.08.140 Development agreements.
18.08.160 Administrative interpretation.
18.08.170 Administrative appeals.
18.08.180 Monitoring and enforcement.
18.08.190 Interpretation and liability.
18.08.010 Intent and scope.
(1) The purpose of this land use permit process is to ensure that:
(a) Land use decisions are made efficiently, and within the framework and intent of applicable statute;
(b) Citizens of Concrete are provided with a clear process that includes predictable timeframes for decision-making and clear procedural requirements for applicants and other interested parties;
(c) Multiple permits for a single project are integrated into a single review, hearing and appeal process;
(d) No more than one open record hearing and one closed record hearing are held for any project;
(2) The provisions of this chapter supersede all other procedural requirements that may exist in other sections of Concrete Municipal Code, including but not limited to CMC 19.68.030 through 19.68.120;
(3) The provisions of this chapter implement the permit review procedures, hearing and appeals provisions of legislation enacted by the Washington State Legislature in 1995 to integrate growth management planning and environmental review Substitute House Bill 1724, Chapter 347 of the Laws of 1995. [Ord. 447 § 1, 2000]
18.08.020 Definitions.
Unless the context clearly requires otherwise, the following definitions apply throughout this chapter:
(1) “Appellant” means a person, organization, association or other similar group who files a complete and timely appeal of a town decision.
(2) “Applicant” means a person who is the owner of the subject property or the authorized representative of the owner of the subject property, and who has applied for land use permits and actions.
(3) “Closed record appeal,” “open record hearing,” “open record predecision hearing,” “open record appeal hearing,” “project permit,” “project permit application,” and “public meeting” shall each have the meaning ascribed in RCW 36.70B.020, incorporated herein by this reference.
(4) “Consistency” refers to all terms of performance used in Chapter 36.70A RCW, Chapter 36.70B RCW, this title and development regulations, to include but not be limited to, compliance, conformity and consistency.
(5) “Development regulations” means those ordinances and administrative procedures governing or regulating development, as well as its direct and indirect effects on environment, including but not limited to the zoning code; the critical areas ordinance; the SEPA ordinance; the administrative provisions for environmental regulations, annexations, boundary line adjustments, and street vacations; policies and standards for the extension of utility services outside the corporate limits; private well or water system ordinance; the Washington model traffic ordinance; the highway access management ordinance; the subdivision ordinance; the land use fees, building fees, and engineering fees ordinances; and the streets, sidewalks and storm drains construction standards.
(6) “Ex parte communication” means written or oral communications to any member of a decision-making body about a matter pending before the decision-making body not included in the public record and made outside of a public hearing.
(7) “Land use application” means any application for a land use action or permit undertaken in accordance with the ordinances of the town of Concrete, to include but not be limited to those land use actions referenced in this title.
(8) “Land use decision” means a final determination by the town as defined in RCW 36.70C.020.
(9) “Lead staff” means the lead staff or consultant designated for the permit application. Lead staff will be assigned on the basis of project content and permits required. Lead staff may be the town building inspector, town planner, town engineer, or others, as appropriate.
(10) “Party of record” means each identified:
(a) Applicant for the project permit at issue;
(b) Owner of the property at issue;
(c) Person who testified or submitted written information at an open record hearing held on the project permit application at issue, excluding persons who only signed petitions or mechanically produced form letters; and
(d) Person who submitted written comments concerning the project permit application at issue during a comment period provided pursuant to this chapter, excluding persons who only signed petitions or mechanically produced form letters.
(11) “Record” means the oral testimony and written exhibits submitted at a hearing. The tape recording of the proceeding shall be included as part of the record.
(12) “Standing” means a showing that a party’s interests are arguably within the zone of interests protected by the land use review process, and that the decision may cause the party injury-in-fact.
(13) “Town council” means the town of Concrete town council.
(14) “Town” means the town of Concrete, Washington. [Ord. 447 § 2, 2000]
18.08.030 Classification of actions.
(1) Land use actions are classified into four categories, Class I, Class II, Class III, and Class IV, based on the amount of discretion in decision-making, requirements for public notice and hearing, the decision-making party, and the party to hear appeals. Classification is summarized in Table 1.
|
Table 1. Summary of Land Use Permit Classification |
||||
|---|---|---|---|---|
|
Class |
Decision-Maker |
Appeals to |
Public Notice Required |
Public Hearing Required |
|
1 |
Lead staff |
None |
No |
No |
|
2 |
Lead staff |
Town council |
Yes |
No |
|
3 |
Town council |
Skagit County superior court |
Yes |
Yes |
|
4 |
Town council |
None |
Yes |
Yes |
(2) Exempt Matters. The following decisions are exempt from the requirements of this title, provided they are categorically exempt from environmental review, or for which environmental review has been completed in connection with other project permits, and which are not part of a land use action which is subject to this title:
(a) Building, mechanical, and plumbing permits;
(b) Fire and safety permits;
(c) Landmark designations;
(d) Water and sewer connection decisions;
(e) Engineering permits not associated with a project subject to this title.
(3) Class I Actions. Class I actions require little or no discretionary decision-making, decisions for Class I actions are made by the lead staff. Public notice and a public hearing are not required for Class I decisions. No appeal is provided for Class I decisions. Class I actions include but are not limited to:
Lot boundary adjustment;
Uses permitted outright;
Sign permits meeting standards;
Temporary uses for up to two weeks;
Minor amendments or modifications to approved permits.
(4) Class II Actions. Class II actions often require discretionary decisions to be made on the basis of technical knowledge, expertise, and training. Public notice is required, but a public hearing is not required. Class II final decisions are made by lead staff. Appeals from Class II decisions are made to the town council. Class II actions include but are not limited to:
SEPA threshold determination;
Shoreline substantial development permits;
Temporary uses for more than two weeks;
Noise standards variance;
Sign variance;
Street vacations.
(5) Class III Actions. Class III actions require a report and recommendation by the lead staff to the town council, with a final decision made by the town council. Class III actions require one open public hearing, and may include one closed public hearing. Class III actions are made by the town council in its authority to make land use action decisions to existing legislative standards and based on the record, public hearings, and recommendations. Class III action appeals are made to the Skagit County superior court. Class III actions include but are not limited to:
Binding site plans;
Short subdivision;
Floodplain variance;
Full subdivisions;
Conditional use permits;
Zoning variances.
(6) Class IV Actions. Class IV actions are decisions made by the town council in the exercise of its legislative decision-making authority, but which may affect individual property owners. Class IV actions require one open public hearing, and may include one closed public hearing. No formal appeal of Class IV decisions is provided, though the applicant may have redress to court in some circumstances. Class IV actions include, but are not limited to:
Comprehensive plan map and text amendments;
Zoning map amendments;
Zoning text amendments.
(7) The lead staff shall classify each application representing a Class I, Class II, Class III, or Class IV action. Types of land use applications not listed above will be assigned to the appropriate class by the lead staff. [Ord. 530, 2004; Ord. 447 § 3, 2000]
18.08.040 Submission of land use permit application.
(1) Applications for land use permits shall be made by the property owner, lessee, contract purchaser, or a town agency, or by an authorized agent thereof.
(2) All applications for land use permits shall be made to the town clerk-treasurer, or her/his designated representative, at the Town Hall on form(s) provided by the town of Concrete, or on a reproduction of form(s) provided by the town of Concrete, for that purpose. An application shall contain all information required for evaluation of the project on the basis of applicable rules, standards and regulations. The lead staff may require such additional information as reasonably necessary to fully evaluate the proposed project.
(3) An application shall certify that the contents thereof are true and correct to the knowledge of the applicant and shall contain, in addition to other required information:
(a) The applicant’s statement that the property affected by the application is exclusively owned by the applicant or that the applicant has submitted the application with the consent of all owners of the affected property; and
(b) The applicant’s declaration that the project permit application materials contain no known misrepresentation of fact or proposed action or design that, if completed, would result in a structure, improvement, lot or condition in violation of town law.
(4) The application shall designate a single person/entity and address to receive determinations and notices required by this chapter.
(5) An application for a Class II or Class III action shall include a list of the latest recorded real property owners within 300 feet of the boundary of the property affected by the application, as shown by the records of the Skagit County assessor. For applications involving platting or subdivision, this list shall correspond to the neighboring property owners as specified in RCW 58.17.090.
(6) The appropriate fee will accompany the application before processing. Fees for multiple permits for the same project shall be additive, except if allowed in the fee resolution set by the town council annually.
(7) The applicant bears the burden of proof and must demonstrate that the application conforms to the applicable elements of the town’s development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed. [Ord. 515 § 11, 2003; Ord. 447 § 4, 2000]
18.08.050 Integrated and consolidated process.
(1) For projects requiring more than one type of permit, the town clerk-treasurer or lead staff shall by default assign the highest applicable classification.
(2) Multiple permits for the same project will be processed in an integrated and consolidated process when feasible. The report of decision shall be a single report stating all the decisions made as of the date of the report on all project permits included in a consolidated permit process.
(3) Multiple permits for the same project may be processed separately, if mutually agreed by the town of Concrete and the applicant.
(4) No more than one consolidated open record hearing and one closed record appeal will be heard for a single project.
(5) Consolidated processing does not relieve any other requirements of the applicant or the town of Concrete. [Ord. 447 § 5, 2000]
18.08.060 Counter complete status.
(1) The town clerk-treasurer, or her/his designated representative, will submit applications to the appropriate lead staff, with copies to additional staff or consultants, if appropriate. The lead staff will be identified on the town’s file copy of the application.
(2) The town clerk-treasurer or lead staff shall determine the counter complete status of applications. Counter complete status will usually be determined on or before 12:00 p.m. (noon) on or before the fifth working day following submittal, but in no case later than 12:00 p.m. (noon) on the tenth working day following submittal.
(3) An application is counter complete if the town clerk-treasurer or lead staff finds that the application purports and appears to include the required information; provided, no effort shall be made to evaluate the substantive adequacy of the information. For most cases, an application will be considered counter complete if the appropriate form(s) for the required permit(s) is/are filled out completely, to include information attached as required on the form.
(4) If the town clerk-treasurer or lead staff decides the application is not counter complete, then she/he shall immediately return the application, and identify in writing what is needed to make the application counter complete. [Ord. 447 § 6, 2000]
18.08.070 Technically complete status.
(1) The lead staff shall determine that the application is technically complete, as provided herein. An application will be considered technically complete when the appropriate form(s) for the required permit(s) is/are filled out completely, to include information attached as required on the form; and provides substantial proof to judge if the project is consistent/inconsistent with the comprehensive plan and applicable development regulation(s). (Requirements for permits are further identified in CMC 18.08.100, Determination of consistency.)
(2) The town shall have 20 working days after counter complete determination, or 10 working days after resubmittal of information in response to a prior determination of incompleteness, to determine whether an application is technically complete. The town shall mail or provide in person a written determination to the applicant stating either:
(a) That the application is complete; or
(b) That the application is incomplete and what is necessary to complete the application.
(3) If the lead staff determines an application is not technically complete, she/he shall send the applicant a written statement rejecting the application based on a lack of information and listing what is required to make the application technically complete.
(a) The statement shall set a date by which the missing information must be provided. The statement shall state that an applicant may apply to extend the deadline and explain how to do so. The statement also may include recommendations for additional information that, although not necessary to make the application technically complete, is recommended to address other issues that are or may be relevant to the review.
(b) If the applicant receives a written determination that an application is incomplete as provided in this section, the applicant shall have 60 days to submit the necessary information to the town.
(c) Within 14 days after an applicant has submitted to the town the additional information identified as being necessary for a complete application, the town shall notify the applicant whether the application is complete or what additional information is necessary.
(d) If the applicant either refuses in writing to submit additional information or does not submit the required information within the 60-day period, the application shall lapse, and any fees forfeited.
(4) If the lead staff or her/his designee determines an application is technically complete, then the lead staff shall, within 10 working days of making this determination:
(a) Forward a copy of the application to the town clerk-treasurer for processing and schedule of proceedings;
(b) Send a letter of completeness to the applicant acknowledging acceptance, listing the name and telephone number of a contact person for the town, and describing the expected review schedule, including the date of a hearing;
(c) The determination shall also identify, to the extent known by the town, other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application;
(d) The determination of completeness may include the following optional information:
(i) A preliminary determination for those development regulations that will be used for project mitigation;
(ii) A preliminary determination of consistency; or
(iii) Other information as the town chooses to include.
(5) Nothing in this section precludes the town from requiring additional information or studies from the applicant either before or subsequent to a determination of technical completeness; provided, that such additional information is required for evaluation of the application, or new information is required or substantial changes in the proposed action occur. [Ord. 447 § 7, 2000]
18.08.080 Notice of application.
(1) For Class II, III, and IV applications, the town will issue a notice of application within 14 calendar days of issuance of a letter of completeness. The notice shall include but not be limited to the following:
(a) The name of the applicant;
(b) The date of the application;
(c) The date of the letter of completeness;
(d) The location of the project;
(e) A project description;
(f) The requested approvals, actions, and/or required studies;
(g) A public comment period no less than 14 nor more than 30 calendar days; provided, that public comments may be accepted up to the closing of the records of the open record hearing;
(h) Identification of existing environmental documents;
(i) A town contact and phone number;
(j) The date, time, and place of a public hearing if one has been scheduled at the date of the notice;
(k) A statement that the decision on the application is scheduled to be made within 120 days of the date of the letter of completeness and that any person may receive notice and participate in hearings;
(l) Any other information deemed appropriate.
(2) The notice of application shall include:
(a) Publication in the official newspaper, if one has been designated, or a newspaper of general circulation in the town;
(b) Mailings to departments and agencies with jurisdiction as required by RCW 36.70B.110;
(c) For Class II and III actions, and for Class IV actions specific to a project permit, mailing to all property owners as submitted per CMC 18.08.050;
(d) For Class II and III actions, and for Class IV actions specific to a project permit, posting at the subject property.
Public notice may also be posted at public places. Notice may also include other means of notification, or notification to other parties, when appropriate.
(3) The notice of application shall be issued prior to, and is not a substitute for, required notice of a public hearing. A combined notice of application, threshold determination, scoping notice for a determination of significance, and/or public hearing, as applies, may be issued, and is encouraged whenever reasonable and feasible.
(4) Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application. Except for a determination of significance and except as otherwise expressly allowed in RCW 36.70B.110, the town may not issue a threshold determination until the expiration of the public comment period on the notice of application. [Ord. 447 § 8, 2000]
18.08.090 Notice of public hearing.
(1) Except as otherwise required, public notification of meetings, hearings, and pending actions shall be made at least 15 calendar days before the date of a public meeting, hearing, or pending action.
(2) The town shall issue its threshold determination at least 15 days prior to the open record predecision hearing.
(3) Public notice for Class III and IV actions shall include:
(a) Publication in the official newspaper, if one has been designated, or a newspaper of general circulation in the town;
(b) Mailings to departments and agencies with jurisdiction as required by RCW 36.70B.110;
(c) For Class III actions, and for Class IV actions specific to a project permit, mailing to all property owners as submitted per CMC 18.08.150;
(d) For Class III actions, and for Class IV actions specific to a project permit, posting at the subject property.
Public notice may also be posted at public places. Notice may also include other means of notification, or notification to other parties, when appropriate.
(4) Public notice shall include a general description of the proposed project and the action to be taken; a nonlegal description of the property, or a vicinity map or sketch; the time, date and place of the public hearing; and how to obtain additional information.
(5) If for any reason a meeting or hearing on a pending action cannot be completed on the date set forth in the public notice, then the meeting or hearing may be continued to a date certain and no further notice under this section is required. [Ord. 447 § 9, 2000]
18.08.100 Determination of consistency.
(1) All projects will be reviewed to determine if they are consistent with the scope and intent of the comprehensive plan. In addition to consistency with the comprehensive plan, all permit applications will be reviewed for consistency with applicable development regulations, and provision for adequate mitigation of any significant adverse environmental impacts. A summary of applicable development regulations used in the determination of consistency is included in Table 2.
(2) During project review, the town shall not reexamine alternatives to or hear appeals on the factors identified in subsection (1) of this section, except for issues of code interpretation.
(3) A project’s consistency with development regulations or, in the absence of applicable development regulations, the comprehensive plan shall be determined by consideration of the factors identified in subsection (1) of this section and by consideration of the character of the development with reference to any adopted development standards.
(4) Pursuant to Chapter 16.04 CMC and as hereinafter amended, the town may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of a project’s specific adverse environmental impacts to which the requirements apply.
(5) Nothing in this section limits the authority of the town to approve, condition, or deny a project as provided in its development regulations and in Chapter 16.04 CMC and as hereinafter amended. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable.
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Table 2. Applicable Development Regulations Used in Determination of Consistency |
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|---|---|---|
|
Class |
Permit |
Basis for Evaluation of Consistency |
|
All |
All |
Consistency with the purpose and intent of the comprehensive plan; the land use fee ordinance; and the health, safety and welfare of the citizens of the town of Concrete |
|
1 |
Water and sewer connection |
Chapter 13.20 CMC |
|
1 |
Lot boundary adjustment |
Chapter 19.78 CMC |
|
1 |
Uses permitted outright |
Applicable chapters of the zoning code |
|
1 |
Sign permit meeting standards |
Chapter 19.63 CMC |
|
1 |
Minor changes to approved permits |
As applies to original permit |
|
1 |
Critical areas permit |
Chapter 15.16 CMC |
|
1 |
Landscaping plan |
Chapter 19.80 CMC |
|
2 |
SEPA threshold determination |
Chapter 16.04 CMC |
|
2 |
Variance |
CMC 19.68.140 |
|
2 |
Conditional use permit |
CMC 19.68.130 |
|
3 |
Binding site plan |
Chapter 17.20 CMC |
|
3 |
Short subdivision |
Chapter 17.12 CMC |
|
3 |
Floodplain permit |
|
|
3 |
Shoreline permit |
Shoreline Master Program and Chapter 19.72 CMC |
|
3 |
Zoning text amendment |
Best interests of the town and its citizens |
|
4 |
Comprehensive plan amendment |
Best interests of the town and its citizens |
|
4 |
Zoning map amendment |
Best interests of the town and its citizens |
|
4 |
Annexation |
Best interests of the town and its citizens, and Chapter 19.76 CMC |
(6) Nothing in this section requires documentation of or dictates the town’s procedures for considering consistency or limits the town from asking more specific or related questions with respect to any of the factors identified in subsection (3) of this section. [Ord. 447 § 10, 2000]
18.08.110 Public hearings.
(1) The town council will serve as the hearing body for predecision open record public hearings, or will designate another body as hearing body for predecision open record public hearings. The town council will serve as the hearing body for predecision closed record public hearings. The hearing body an appeal, as identified in CMC 18.08.030, will serve as the hearing body for appeal public hearings.
(2) Open record public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision or recommendation. The chair shall open the public hearing and, in general, observe the following sequence of events:
(a) Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified shall be counted for purposes of forming a quorum. A disqualified member shall make full disclosure on the record, shall not participate in hearing body discussion of the matter, and shall abstain from voting on the proposal.
(b) Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
(c) Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.
(d) Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the chair.
(e) Rebuttal, response, or clarifying statements by the staff and the applicant.
(f) The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it.
(3) Closed record hearings shall serve to provide guidance for the permit and appeal decisions and shall be conducted in accordance with the town council’s rules of procedure as provided for public meetings. The town council may hold a public hearing on a closed record hearing only for the limited purposes identified in RCW 34.05.562. The closed record hearing shall include the following guidelines:
(a) The town council shall be responsible for review of the application, staff report, minutes of the open public hearing, and the findings and conclusions, or reasons for decisions or recommendations. The town council may, by motion passed by a majority, continue the hearing to review audio or audio-visual tapes or other evidence from the open hearing not available at the closed hearing.
(b) Members of the town council shall state whether they have had any ex parte contact or whether a member has a personal or business interest in the application. The town council shall afford parties an opportunity to challenge the impartiality of the town council or its members.
(c) No new evidence or testimony shall be given or received. Timely written or oral statements or arguments may be submitted at the discretion of the chair.
(4) In the event the town council determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the council may remand the matter back to the lead staff to correct the deficiencies. The council shall specify the items or issues to be considered and the timeframe for completing the additional work.
(5) Except in cases of remand, or appeal of a determination of significance as provided in RCW 43.21C.075, no more than one open record hearing and one closed record hearing shall be held for any one project. If an appeal is provided after the open-record hearing for that project, it shall be allowed no more than one closed record appeal. [Ord. 447 § 11, 2000]
18.08.120 Decision time lines.
(1) Land use application processes shall be scheduled promptly so that a final decision on a technically complete application shall not require more than 120 calendar days; provided:
(2) If a determination of significance (DS) is issued, then the lead staff shall issue a recommendation not sooner than seven calendar days after a final environmental impact statement is issued.
(3) An applicant may agree in writing to extend the time in which the town shall issue a recommendation. The town may consider new evidence the applicant introduces with or after such a written request.
(4) In determining the number of days that have elapsed after the town has notified the applicant that the application is technically complete, the following periods shall be excluded:
(a) Any period during which the applicant has been requested by the town to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the town notifies the applicant of the need for additional information until the earlier of the date the town determines whether the additional information satisfies the request for information or 14 calendar days after the date the information has been provided to the town.
(b) If the town determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures under CMC 18.08.070(3) above shall apply as if a new request for studies has been made.
(c) Any period of time during which an environmental impact statement is being prepared, which shall not exceed one year from the issuance of the determination of significance unless the town and applicant have otherwise agreed in writing to a longer period of time.
(d) Any period for administrative appeals of project permits.
(e) Any extension of time mutually agreed upon by the applicant and the town.
(5) If a project is substantially revised by the applicant, the time period shall start from the date at which the revised project application is determined to be complete.
(6) If the town is unable to issue its final decision within the time limits provided in this title, it shall provide written notice to the applicant with a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.
(7) The time limits established in this section do not apply to Class IV actions, or to permits for fully contained communities, master planned resorts, or the siting of an essential public facility. [Ord. 447 § 12, 2000]
18.08.130 Decisions.
(1) Decisions on land use applications shall include one of the following actions:
(a) Approve as recommended.
(b) Approve with additional conditions.
(c) Modify, with or without the applicant’s concurrence; provided, that the modifications do not:
(i) Enlarge the area or scope of the project.
(ii) Increase the density or proposed building size.
(iii) Significantly increase adverse environmental impacts as determined by the responsible official.
(d) Deny (reapplication or resubmittal is permitted).
(e) Deny with prejudice (reapplication or resubmittal is not allowed for one year).
(f) Remand for further proceedings where appropriate.
(g) Regarding subdivisions, the town council may adopt its own recommendations and approve or disapprove the plat.
(2) Whenever substantial public or private improvements are required for a project, the town and the applicant may enter into a development agreement with the town as a condition of permit approval.
(3) Land use permits and contract rezones shall expire three years from the date of issuance. An extension of two years may be granted by the town council upon a showing of substantial progress towards completion. [Ord. 447 § 13, 2000]
18.08.140 Development agreements.
(1) The town may enter into a development agreement with a person having ownership or control of real property within the town. The town may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement shall be consistent with all applicable development regulations, comprehensive plan, and shall adequately mitigate for any adverse environmental impacts.
(2) The town council shall only approve a development agreement by title after a public hearing. If the development agreement relates to a project permit application, appeals shall be heard as provided for the permit.
(3) A development agreement may include development standards to include but not limited to:
(a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provision of law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing decisions;
(i) A build-out or vesting period for applicable standards;
(j) Monitoring and response requirements; and/or;
(k) Any other appropriate development requirement or procedure.
(4) A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement may reserve authority or impose a new or different regulations to the extent required by a serious threat to public health and safety.
(5) Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a development regulation adopted after the effective date of the agreement. A permit or approval within the scope of the agreement issued by the town after the execution of the development agreement must be consistent with the development agreement.
(6) A development agreement shall be recorded with the Skagit County’s office. [Ord. 447 § 14, 2000]
18.08.150 Notice of decision.
(1) The town will produce a notice of decision for all land use permit application decisions.
(2) The notice of decision shall clearly identify the decision for the permit application. The notice shall state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The written notice shall also provide the applicant with any procedures for administrative appeal, if applicable.
(3) The notice of decision and all final decisions shall be sent to the applicant and to all parties of record. Persons who desire to be a party of record shall so notify the town clerk-treasurer and provide the town clerk-treasurer their name and mailing address before to the rendering of the decision. The town will also provide notice of the decision to the Skagit County assessor’s office.
(4) Notice of decisions shall include:
(a) Mailings to the applicant and all parties of record;
(b) Mailing or hand-delivered copy to the Skagit County assessor’s office;
(c) Publication in the official newspaper, if one has been designated, or a newspaper of general circulation in the town;
(d) Mailings to departments and agencies with jurisdiction as required by RCW 36.70B.110;
(e) For Class III actions, and for Class IV actions specific to a project permit, mailing to all property owners as submitted per CMC 18.08.050.
Public notice may also be posted at public places. Notice may also include other means of notification, or notification to other parties, when appropriate. [Ord. 447 § 15, 2000]
18.08.160 Administrative interpretation.
Any project permit applicant, Concrete resident or owner of real property lying within Concrete may request an interpretation of the meaning or application of the town’s development regulations applicable to project permit applications. A request shall be written and shall concisely identify the issue and desired interpretation. The lead staff shall provide a written administrative interpretation within 30 days of receipt of the request. The written interpretation shall be limited in its application to the precise fact pattern presented within the request or presumed by the lead staff. [Ord. 447 § 16, 2000]
18.08.170 Administrative appeals.
(1) Decisions regarding Class II and Class III actions may be appealed by any party of record to the appropriate body.
(2) A written notice of appeal shall be filed with the town clerk-treasurer within 10 days after the date of the issuance of the decision or interpretation being appealed. The filing shall contain a concise statement identifying:
(a) The decision or interpretation being appealed.
(b) The name and address of the appellant and appellant’s standing.
(c) The specific reason(s) why the appellant asserts that the decision is in error.
(d) The desired outcome or changes to the decision.
(3) Upon filing an appeal, an appellant shall pay the appropriate fee.
(4) All appeals related to a given project permit application shall be considered by the party hearing the appeal in a consolidated open record public hearing conducted in accordance with the procedures outlined in CMC 18.08.110, Public hearings. The appellant shall bear the burden of proving the decision was in error.
(5) Within 90 days of the filing of an appeal under this section, the party hearing the appeal shall adopt a single report declaring its decision(s) on the appeal(s). The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The 90-day time period may be extended upon mutual agreement of all parties to the appeal. [Ord. 447 § 17, 2000]
18.08.180 Monitoring and enforcement.
(1) All land use permits and decisions will be monitored and enforced as set forth in Chapter 19.84 CMC, Enforcement, except that the lead staff, or his/her designated representative, will act as the planning director for the purposes of monitoring and enforcement.
(2) Unless amended or terminated, a land use permit or development agreement is enforceable during its term. A land use permit and the development regulations in effect at the time of the permit govern the term of the permit, or for all or that part of the permit specified in the permit, and may not be subject to an amendment to a development regulation or standard adopted after the notice of decision for the permit. [Ord. 447 § 18, 2000]
18.08.190 Interpretation and liability.
(1) The intent of this title is to comply with requirements imposed on local governments under Chapter 347, 1995 Laws of Washington (the “Act”). The requirements of the Act and this title shall be interpreted to supersede provisions from all other town ordinances or procedures. Any applicant or other person who claims damages against the town due to failure to follow the provisions of the Act or this title shall demonstrate timely filing of a request for administrative interpretation as provided in CMC 18.08.150.
(2) It is expressly the purpose of this title to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title.
(3) It is the specific intent of this title that no provisions nor any term used in this title be intended to impose any duty to third parties whatsoever upon the town or any of its officers or employees.
(4) Nothing contained in this title is intended nor shall be construed to create or form the basis of any liability on the part of the town, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the town, its officers, employees or agents. [Ord. 447 § 19, 2000]