Chapter 14.15
PUBLIC NOTICES
Sections:
14.15.020 Types of public notices.
14.15.030 Notice of application (NOA).
14.15.040 SEPA notices – Threshold determination.
14.15.050 Notice of public hearing.
14.15.055 Notice of public hearing for an appeal.
14.15.060 Notice of decision for applications and appeals.
14.15.070 Responsibility for preparation and distribution of public notices.
14.15.010 Purpose.
The purpose of this chapter is to describe the specific public notice requirements referenced in other chapters of this title. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 1900 § 2, 2015; Ord. 1396 § 2, 2006)
14.15.020 Types of public notices.
Many land use/development applications and administrative appeals are subject to public notice requirements. One or more of the following notices may be required for such applications and appeals. Administrative procedures for the notices are described below:
A. Notice of application (NOA).
B. SEPA notice (threshold determination).
C. Notice of public hearing.
D. Notice of appeal with associated public hearing.
E. Notice of decision (NOD) for applications and appeals. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 1900 § 2, 2015; Ord. 1396 § 2, 2006)
14.15.030 Notice of application (NOA).
A. Once a land use/development application receives a determination of complete application, a notice of application (NOA) is distributed, informing the community that an application has been received by the City. It is meant to provide an opportunity for citizens to learn about the application early in the review process and provide information to the City that might contribute to that process. The NOA includes no approvals, but only initiates the review process.
B. The NOA is typically associated with applications that follow Administrative Process 2 – Hearings Examiner decision, and Process 3A – City Council decision with Hearings Examiner recommendation, referenced in FMC 14.09.050 and 14.09.060. An NOA is not typically associated with administratively approved applications that follow Process 1 – administrative decision referenced in FMC 14.09.030, unless those applications are subject to SEPA environmental review or are the subject of an appeal requiring a public hearing.
1. All applications, whether they require notice or not, are entered into the City’s permit tracking system and are available to the public online through the City’s website.
2. Rezone requests or Comprehensive Plan amendments which are proposed to change the underlying zone or land use designation shall require distribution to all affected property owners and property owners within 300 feet.
3. Zoning text amendments or text changes to the Comprehensive Plan shall require posting and publication but shall not require individual notice to property owners or property owners within 300 feet except for changes that are considered substantial or material, as determined by the Community Development Director. Examples of substantial or material changes may include, but are not limited to, increasing or decreasing allowed densities or added or deleted land uses that are considered wholly different than existing land uses.
C. Within 14 days of the issuance of a determination of complete application, or equivalent determination of application completeness, the responsible City official shall prepare the NOA and provide it to the applicant, together with written instructions for proper distribution. Responsibility for proper distribution of the NOA is solely that of the applicant, and processing of the application may be delayed until such is documented in accordance with the requirements of this section.
D. The NOA shall be distributed by posting of the property by means of signs provided by the City of Ferndale, and publication in the City’s newspaper of record. The notice of application shall be distributed in accordance with FMC 14.15.070.
E. The NOA shall contain, at a minimum, the following:
1. Date of NOA.
2. Application file reference number.
3. Applicant name.
4. Date of application.
5. Date of determination of complete application.
6. Associated SEPA file reference number and status, if applicable.
7. Project location/address.
8. Brief project description.
9. Requested permits and approvals.
10. A statement that the NOA initiates the review process, and that no approvals have been granted.
11. If applicable, a statement that there will be an advertised public hearing in the future.
12. A stated public comment period of not less than 10 days nor more than 30 days.
a. Comment periods for SEPA mitigated determinations of nonsignificance shall be a minimum of 14 days, pursuant to FMC 16.04.120(F).
13. Statements of the right of any person to comment on the application, to receive notice of and participate in any hearings, to request a copy of the decision once made, and the applicable appeal rights.
14. Name and address of contact for written comments. Name, address, and phone number of the City employee to be contacted for additional information regarding the application and/or notice.
F. Within 10 calendar days of the date of the NOA, the applicant shall submit an affidavit of posting and an affidavit of publication, pursuant to FMC 14.15.070.
G. The NOA shall be issued prior to, and is not a substitute for, a required notice of public hearing.
H. The NOA may be combined with notice of SEPA threshold determination required pursuant to FMC 14.15.040(F) and the provisions of Chapter 16.04 FMC. In the case of a combined NOA/SEPA notice, no additional comment period, beyond that stated in the combined notice, will be provided for comment on the proposed SEPA threshold determination. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1900 § 2, 2015; Ord. 1396 § 2, 2006)
14.15.040 SEPA notices – Threshold determination.
A. Subsequent to the submittal of a complete land use/development application, the City will determine whether or not the proposed project is likely to have a significant adverse impact on the environment, and whether any specific mitigation measures have been identified to reduce potential impacts associated with the project. Before this threshold determination is made effective, notice is provided so that affected parties may have an opportunity to comment on the determination, and/or on the adequacy of mitigation measures that have been identified.
1. Nothing shall prevent an applicant from requesting an administrative interpretation of code requirements from the Community Development Director prior to application submittal in order to determine if the Director expects to make a determination of significance, thus requiring an environmental impact statement. Such interpretation will be issued with appeal rights in accordance with FMC 14.11.070.
B. Environmental review under SEPA and the SEPA threshold determination notice are associated with most development applications of any consequence and are described in more detail in Chapter 16.04 FMC. Even some actions which require no development permit may nevertheless require SEPA review and notice. Therefore, SEPA notice may be associated with development applications that follow any of the administrative processes referenced in Chapter 14.09 FMC.
C. When the SEPA responsible official has sufficient information about a proposed project to make a determination of significance (DS), he shall provide notice in accordance with the provisions of FMC Title 16 and WAC 197-11-510.
D. When the SEPA responsible official has sufficient information to make an environmental threshold determination other than a determination of significance (DS), he shall prepare either a determination of nonsignificance (DNS) or a mitigated determination of nonsignificance (MDNS) in accordance with the provisions of FMC Title 16. The responsible official shall provide the threshold determination to the applicant, together with written instructions for proper distribution. Responsibility for proper distribution of the SEPA notices is solely that of the applicant, and processing of any associated applications may be delayed until such is documented in accordance with the requirements of this chapter.
1. The DNS or MDNS shall be distributed by posting of the property (if applicable), publication in the City’s newspaper of record, and mailing to affected state and local agencies.
2. The notice of intent to issue a DNS or MDNS shall contain, at a minimum, the following:
a. SEPA file reference number.
b. Associated permit file reference number, if applicable.
c. Type of application.
d. Applicant name.
e. Project location/address.
f. Brief project description.
g. Lead agency.
h. Associated permits and approvals required.
i. Proposed mitigation measures in the case of an MDNS.
j. A stated public comment period not less than 14 days nor more than 30 days.
k. Name, address, and telephone number of City contact for written comments and information regarding the SEPA threshold determination and notice.
E. Within 10 calendar days of the date of issuance of the DNS or MDNS, the applicant shall submit separate affidavits of publishing, posting, and mailing pursuant to FMC 14.15.070.
F. A SEPA notice of threshold determination may be combined with a notice of application as required pursuant to FMC 14.15.030(H). In the case of a combined NOA/SEPA notice, no additional comment period, beyond that stated in the combined notice, will be provided for comment on the proposed SEPA threshold determination. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 1900 § 2, 2015; Ord. 1396 § 2, 2006)
14.15.050 Notice of public hearing.
A. Once a land use/development application requiring a public hearing has been determined to be complete, a notice of application (NOA) distributed, and a SEPA threshold determination issued, the Community Development Director will schedule the application for consideration by the appropriate hearing body on the next available agenda and prepare a notice of the public hearing.
B. The notice of public hearing is typically associated with applications that follow administrative process 2 – Hearings Examiner decision referenced in FMC 14.09.050. The notice of public hearing may also be associated with administrative process 4 – decision by City Council with Planning Commission recommendation referenced in FMC 14.09.080, which is applicable in the case of Comprehensive Plan amendments, rezones, annexations, and amendments to City development regulations.
C. The responsible City official shall prepare the notice of public hearing and provide it to the applicant, together with written instructions for proper distribution. Responsibility for proper distribution of the notice of public hearing is solely that of the applicant, and the public hearing may be delayed until such is documented in accordance with the requirements of this chapter.
1. The notice of public hearing shall be distributed not less than 10 days or more than 30 days before the date of the public hearing, by posting of the property, publication in the City’s newspaper of record, and mailing to property owners within 300 feet of the subject property. Rezone requests or Comprehensive Plan amendments which are proposed to change the underlying zone or land use designation shall require distribution to all affected property owners; zoning text amendments or text changes to the Comprehensive Plan shall require posting and publication but shall not require individual notice to property owners except for changes that are considered substantial or material, as determined by the Community Development Director. Examples of substantial or material changes may include, but are not limited to, increasing or decreasing allowed densities or added or deleted land uses that are considered wholly different than existing land uses.
2. The notice of public hearing shall contain, at a minimum, the following:
a. Application file reference number.
b. Name of applicant.
c. Name of the project, if applicable.
d. Brief description of project.
e. Project location/address.
f. Date, time and location of the public hearing.
g. A statement that any interested person may testify and/or submit written comment regarding the application.
h. Name, address, and telephone number of City contact for written comments or information regarding the notice or application.
D. At least five calendar days prior to the date of the public hearing, the applicant shall submit affidavits of posting, publication, and mailing pursuant to FMC 14.15.070. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 1900 § 2, 2015; Ord. 1396 § 2, 2006)
14.15.055 Notice of public hearing for an appeal.
A. The notice of public hearing for an appeal is associated with the appeal of land use decisions, the appeal of land use interpretations, and the appeal of enforcement actions.
1. Once an appeal of an administrative decision or enforcement action has been made on a form to the City within the time limits prescribed in this code, the Community Development Director, Public Works Director, City Clerk and/or Finance Director (as applicable) will follow the procedures in FMC 14.13.090 and Chapter 14.11 FMC for appeals, which includes a notice of public hearing as described in subsection (B) of this section.
B. The responsible City official shall prepare the notice of public hearing for an appeal and provide it to the appellant, together with written instructions for proper distribution. Responsibility for proper distribution of the notice of public hearing for an appeal is solely that of the appellant, and the hearing on the appeal may be delayed until such is documented in accordance with the requirements of this chapter.
1. The notice of public hearing for an appeal shall be distributed not less than 10 days or more than 30 days before the date of the public hearing, by posting of the property, publication in the City’s newspaper of record, and mailing to property owners within 300 feet of the subject property.
2. The notice of public hearing for an appeal shall contain, at a minimum, the following:
a. File reference number for the appeal.
b. Name of appellant.
c. Name of the project, if applicable.
d. Brief description of basis for the appeal.
e. Project location/address, if applicable.
f. Date, time and location of the public hearing for the appeal.
g. A statement that any interested citizen, as defined by the Hearings Examiner Procedural Rules, may testify and/or submit written comment regarding the application.
h. Name, address, and telephone number of City contact for written comments or information regarding the notice of public hearing for an appeal. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 1900 § 2, 2015)
14.15.060 Notice of decision for applications and appeals.
A. Notices of decision for applications and appeals shall be prepared and mailed to the applicant/appellant and parties of record following open or closed record proceedings which result in a recommendation or final decision of the hearing body.
B. The notice of decision shall be issued within 10 business days following the open or closed record proceeding of the hearing body, unless a longer period is mutually agreed to in writing by the applicant/appellant and the hearing body.
C. The notice of decision shall include the issue date, the case reference number, the type of application/appeal, a brief description of the proposal/appeal issue, the name of the applicant/appellant, the location/address of the subject property at issue, and a brief summary of the hearing body’s recommendation or decision.
D. The notice of decision shall reference the applicable findings and conclusions cited to support the decision.
E. The notice of decision shall reference any required conditions associated with a recommendation or decision to approve an application or associated with the grant/denial of an appeal.
F. The notice of decision shall reference procedures for reconsideration or appeal of the recommendation or decision as appropriate.
G. The notice of decision shall include a statement of any threshold determination made under SEPA, Chapter 16.04 FMC.
H. In certain cases, particularly when there is City Council review, actions are made via the adoption of a resolution or ordinance. An adopted resolution or ordinance shall represent the notice of decision; provided, that subsections (A) through (G) of this section are addressed. For the purpose of initiating a tolling clock for appeals, the appeal period shall commence three days after mailing, or the date on which the resolution or ordinance is made public. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 1900 § 2, 2015; Ord. 1396 § 2, 2006)
14.15.070 Responsibility for preparation and distribution of public notices.
A. The City, through the appropriate responsible official, shall be solely responsible for preparing all public notices and the accuracy of the information contained therein, posting on the City’s website and permit tracking system, and providing signage (with the exception of sign posts). The responsible official shall prepare notices and provide them to the permit applicants, together with written instructions for proper distribution.
B. Except for required mailing of notices, responsibility for proper publication and posting of public notices is solely that of the permit applicant/appellant. Evidence of performance shall be provided in the form of notarized affidavits attesting to the posting, publishing, and mailing of the public notice as required by this chapter.
1. Public notices shall be posted at a minimum of two locations on the site at issue, preferably adjacent to a roadway. A notice shall also be posted at City Hall and the Public Library (two notices total). Posted notices at City Hall and the Public Library shall be printed on brightly colored paper. Posted notices on the site shall be affixed to signs provided by the City of Ferndale and protected from the elements in some manner.
2. Publishing of public notices shall be in the City’s newspaper of record, unless the responsible City official determines that extraordinary circumstances exist which warrant publication in another newspaper.
3. Mailing of public notices shall be made by first class mail, to all property owners within at least 300 feet from the boundaries of the subject property. Notices shall also be mailed to any state or local agency having an interest in the application, or any state or local agency required to be notified under separate provision of this Municipal Code, as determined by the responsible City official.
C. Notarized affidavits of posting, publishing, and mailing, as appropriate, shall be submitted to the responsible City official in accordance with the provisions of this chapter, but no later than 10 days following the date of the public notice.
1. Affidavits of posting shall include a copy of the posted notice and a map showing the general location of posted notices on the subject property.
2. Affidavits of publishing shall include documentation of publication (a copy of the published notice).
3. Affidavits of mailing shall include a copy of the mailing list, and a map drawn to accurate scale showing the 300-foot “notice line” surrounding the subject property.
D. The forms of public notice referenced in this section are considered reasonable and appropriate for most land use/development proposals and appeals, and represent minimum requirements. The Community Development Director, Public Works Director, City Clerk, or Finance Director, at his/her discretion, may require that expanded notice procedures be utilized if he/she determines that a particular land use/development application or appeal is likely to generate extraordinary public interest or controversy, or if the size or physical circumstances of the subject property warrant additional or more visible notices. (Ord. 2087 § 1 (Exh. 1), 2019; Ord. 1900 § 2, 2015; Ord. 1396 § 2, 2006)