Chapter 17.185 PROCESSING OF PROJECT PERMIT APPLICATIONS

Chapter 17.185
PROCESSING OF PROJECT PERMIT APPLICATIONS

Sections:

17.185.030 Submission and acceptance of application.

17.185.050 Referral and review of project permit applications.

17.185.010 Pre-application conference.

(1) Applications for project permits involving Type III and Type IVA actions shall not be accepted by the director unless the applicant has requested and attended a pre-application conference. The purpose of the pre-application conference is to acquaint the applicant with the requirements of the Coulee Dam unified development code and project review procedures, and for town staff to be acquainted with the proposed application for purposes of determining appropriate review procedures and facilitating the application and project review process. In order to ensure that the pre-application conference is meaningful, the applicant must provide all information requested on the pre-application form required by the director.

(2) The conference shall be held no more than 14 calendar days following the filing of a written request for a pre-application conference with the director, on the form provided by the director.

(3) At the conference the director shall consider the pre-application form and determine whether the proposal is exempt from SEPA review procedures. However, a determination that a proposal is exempt shall not be made final until after an application is submitted and determined to be complete according to CDMC 17.185.020.

(4) At the conference or within five working days of the conference, the applicant may request that the director provide the applicant with the following information:

(a) A form which lists the requirements for a completed application including whether the submission of a SEPA checklist will be necessary based on information submitted;

(b) A general summary of the procedures and timelines to be used to process the application;

(c) The references to the relevant code provisions or development standards which may apply to the approval of the application, as preliminarily identified at the pre-application conference;

(d) The town’s design guidelines.

(5) It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information sent by the town to the applicant under subsection (4) of this section shall not bind or prohibit the town’s future application or enforcement of all applicable laws.

(6) Pre-application conferences for all other types of applications are optional, and requests for conferences will be considered on a time-available basis by the director. (Ord. 536 § 1 (§ 41.01), 2000)

17.185.020 Project permit application.

Applications for project permits shall be submitted to the town upon forms provided by the director. An application shall consist of all materials required by the applicable development regulations for the specific permit(s) sought, and shall include, but is not limited to, the following general information:

(1) A completed project permit application form;

(2) A sworn statement made before a notary public and under penalty of perjury by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or a sworn statement made before a notary public and under penalty of perjury executed by all owners of the affected property that the application has been submitted with their consent;

(3) A property and/or legal description of the site for all applications, as required by the applicable development regulations;

(4) The applicable fee as established by town council ordinance or resolution;

(5) Evidence of adequate water supply as required by RCW 19.27.097, as now exists or as may be hereafter amended;

(6) Name and address of adjacent landowners within 300 feet of subject property for all Type II, III and IV project permits;

(7) Information on the capacity of existing storm water conveyance and control facilities;

(8) Designation by name, street and mailing address, telephone number, and relationship to the applicant, of the person to receive all determinations and notices required by this title;

(9) Unless initially determined to be exempt, a completed SEPA checklist in accordance with CDMC 17.220.090. (Ord. 536 § 1 (§ 41.02), 2000)

17.185.030 Submission and acceptance of application.

(1) Determination of Completeness. Within 28 calendar days after actual receipt of a project permit application as evidenced by the date stamped on the face thereof by the town, the town shall mail or personally provide a written 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. Project permit applications shall be date stamped upon receipt by the town. Applications received after 4:00 p.m. shall be date stamped the next business day. If an applicant has elected the optional consolidated permit review process under CDMC 17.180.040(2)(a), all applications consolidated for review will be covered under a single determination of completeness. If the application for any of such applications is incomplete, a determination that the application is incomplete shall be issued to the applicant.

(2) Identification of Other Agencies With Jurisdiction. To the extent known by the town, other agencies with jurisdiction over the project permit application shall be identified in the town’s determination required by subsection (1) of this section.

(3) Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in CDMC 17.185.020, as well as the submission requirements contained in the applicable development regulations. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The town’s determination of completeness shall not preclude the town from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action. If the application contains information that may change the director’s initial determination that the project is exempt from SEPA review, the applicant shall be notified that the application is incomplete according to subsection (4) of this section.

(4) Incomplete Application Procedure.

(a) If the applicant is issued a written determination from the town that an application is not complete, the applicant shall have 90 calendar days from date of personal delivery or date of mailing by the town to submit the required information to the town. Within 14 calendar days after an applicant has submitted the requested additional information, the town shall remake the determination as to completeness in the manner described in subsection (1) of this section. If the applicant again receives a determination of incompleteness, the procedure described in this subsection shall be repeated and may be repeated as required by subsequent determination of incompleteness until a determination that the application is complete is issued in the manner described in subsection (1) of this section.

(b) If the applicant either refuses in writing to submit the required additional information within the 90-calendar-day period, the director shall make findings and issue a decision, according to the Type I procedure in CDMC 17.180.050, that the application has lapsed for failure to meet the time requirements set forth herein.

(c) Where the director has made a determination that the application has lapsed because the applicant has failed to subsequently submit the required information within the necessary time period, the applicant may request a refund of the unused portion of the application fee for staff time expended as determined in the sole discretion of the director.

(5) Town’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the town does not provide a written determination to the applicant that the application is incomplete as provided in subsection (1) or (4)(a) of this section.

(6) Date of Completeness of Application. When the project permit application is complete, whether due to a determination of completeness issued under subsection (1) or (5) of this section, the director shall note the date of completeness on the application.

(7) Determination of Lead Agency Status. When the director receives an application that involves a nonexempt action according to Chapter 17.220 CDMC and the State Environmental Policy Act (SEPA) rules he/she shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the director is aware that another agency is in the process of determining the lead agency. When making a lead agency determination for a private project, the director shall require sufficient information from the applicant to identify other agencies with jurisdiction (i.e., agencies that require nonexempt licenses). If it is determined that the town is not lead agency the director shall refer to CDMC 17.220.020, and any applicable SEPA rules adopted by reference, for further guidance. (Ord. 536 § 1 (§ 41.03), 2000)

17.185.040 Notice of application.

(1) Generally. A notice of application shall be issued on all Type III and IV project permit applications.

(2) Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required.

(3) Integration with Permit Procedures. Environmental review under Chapter 43.21C RCW and SEPA procedures contained in Chapter 17.220 CDMC shall be integrated with the procedures described in this section as follows:

(a) Pursuant to the optional process provided in WAC 197-11-355, if the director determines that significant adverse environmental impacts are unlikely, he/she may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the application. If this optional process is used, a DNS may be issued after the permit comment period and an additional SEPA comment period will typically not be required under this section. If the director uses the optional process, he/she shall:

(i) State on the first page of the notice of application that the town expects to issue a DNS on the proposal, and that:

(A) The optional DNS process is being used;

(B) This may be the only opportunity to comment on the environmental impacts on the proposal;

(C) The proposals may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and

(D) A copy of the subsequent threshold determination for the specific proposal may be obtained upon request.

(ii) List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected;

(iii) Comply with requirements for a notice of application and public notice contained in this title;

(iv) Send the notice of application and environmental checklist to:

(A) Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and

(B) Anyone requesting a copy of the environmental checklist for the specific proposal.

(v) If the director indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application.

(vi) The director shall consider timely comments on the notice of application and either:

(A) Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (3)(a)(vii) of this section;

(B) Issue a DNS or mitigated DNS with a comment period using the procedures in subsection (3)(a)(vii) of this section, if the lead agency determines a comment period is necessary;

(D) Require additional information or studies prior to making a threshold determination.

(vii) If a DNS or mitigated DNS is issued under subsection (3)(a)(vi) of this section, the director shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated.

(b) If the optional process is not used, except for a determination of significance, the town may not issue its threshold determination, or issue a decision or a recommendation on a project permit, until the expiration of the public comment period on the notice of application. If public notice is required under Chapter 43.21C RCW, a 14-day SEPA comment period is required after the public comment period on the notice of application and additional public notice is required.

(c) If an open record predecision hearing is required and the town’s threshold determination requires public notice under Chapter 43.21C RCW, the town shall issue its threshold determination at least 15 calendar days prior to the open record predecision hearing unless the optional process of indicating intent to issue a DNS provided in subsection (3)(a) of this section is used.

(d) Comments shall be as specific as possible.

(4) Determination of Significance. If the town 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.

(5) Contents. The notice of application shall include:

(a) The date of application, the date of the notice of completion for the application and the date of the notice of application;

(b) 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 RCW 36.70B.070;

(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, the location where the application and any studies can be reviewed;

(e) A statement of the limits of the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application, 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;

(f) The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;

(g) A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in Chapter 17.195 CDMC;

(h) If applicable, the director’s intent to issue a DNS and related information as provided in subsection (3)(a) of this section.

(i) Any other information determined appropriate by the town, such as the town’s threshold determination, if complete at the time of issuance of the notice of application.

(6) Time Frame for Issuance of Notice of Application.

(a) Within 14 days after the town has made a determination of completeness of a project permit application, the town shall issue a notice of application in the manner provided in subsection (7) of this section.

(b) If any open record predecision hearing is required for the requested project permit(s), the notice of application shall include notice of the public hearing and shall be provided to the public at least 14 days prior to the open record hearing.

(7) Methods for Notice. The notice of application shall be given to the public and to agencies with jurisdiction as follows:

(a) By posting and publication per CDMC 17.190.010.

(b) Notifying public, private groups and the news media that have requested such notice in writing for that calendar year.

(c) Mailed notice to the latest recorded real property owners as shown by the records of the Okanogan, Douglas or Grant County assessors within at least 300 feet of the exterior boundary of the property upon which the project is proposed.

(d) Mailed notice to known agencies with jurisdiction. This requirement may be satisfied by publishing notice in the agencies’ newsletters or sending notice to an agency mailing list.

(8) Public Comment on the Notice of Application. All public comments received on the notice of application must be received by the director at Town Hall, 300 Lincoln Ave., Coulee Dam, Washington 99116-1434, by 4:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile.

(9) Limitation. Except for a determination of significance, the town may not issue its threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application unless the optional process of indicating intent to issue a DNS is used as provided in subsection (3)(a) of this section. (Ord. 536 § 1 (§ 41.04), 2000)

17.185.050 Referral and review of project permit applications.

Within 10 calendar days of accepting a complete application, the director shall do the following:

(1) Transmit a copy of the application, or appropriate parts of the application, to each affected agency and town department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and town departments shall have 14 calendar days to comment. The referral agency or town department is presumed to have no comments if comments are not received within the specified time period. The director shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days.

(2) In addition to the procedure set forth in subsection (1) of this section, the director may schedule a meeting of the project permit processing committee, which committee shall be comprised of at least one town staff member from each of the following departments: (1) planning, (2) public works, (3) building. Each department head shall designate the staff member who will participate in the project permit processing committee. The committee shall meet in order to provide joint review and comment on any project permit application.

(3) If a Type III procedure is required, notice and hearing shall be provided as set forth in Chapter 17.190 CDMC. (Ord. 536 § 1 (§ 41.05), 2000)