Chapter 16.06
ADMINISTRATION OF PERMITS AND DEVELOPMENT REGULATIONS
Subchapters
16.06.100 Types of Project Permit Applications
16.06.200 Processing of Project Permit Applications
16.06.300 Public Notice
16.06.400 Consistency with Development Regulations and SEPA
16.06.500 Open Record Public Hearings
16.06.600 Closed Record Decisions and Appeals
16.06.700 Development Agreements
Subchapter 116.06.100
Types of Project Permit Applications
Sections:
16.06.010 Procedures for processing project permits.
16.06.020 Determination of proper procedure type.
16.06.030 Project permit application framework.
16.06.040 Joint public hearings.
16.06.050 Legislative decisions.
16.06.060 Legislative enactments not restricted.
16.06.070 Exemptions from project permit application processing.
16.06.080 Administrative interpretations.
16.06.001 Conflicts.
Unless otherwise specified by Washington State statute, in the event provisions of any other Title of the Pomeroy Municipal Code (“PMC”), ordinances, or regulations adopted by the city, including but not limited to Chapter 16.22, Chapter 16.24, Chapter 16.16, Chapter 16.10, except for the time limitations for short subdivisions and subdivisions, procedures for open record hearings, closed record appeals, judicial appeals and notice requirements, conflict with any provisions of this chapter 16.06, Chapter 16.06 provisions shall supersede and control. (Ord. 775 §1, 2000; 740 §1 (part), 1996).
16.06.005 Definitions.
The definitions in this section apply throughout this title.
“Building permits” mean those permits issued pursuant to the following chapters of the PMC as now exist or as may be hereafter amended:
1. Subchapter 16.24.100 Building Permits
2. Subchapter 16.24.200 Building Code
3. Chapter 16.18 Flood Hazard Development Permit
“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including but not limited to, the planning commission or the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
“Director” means the city public works director or other official designated by the mayor of Pomeroy.
“Excavation permits” mean those permits issued pursuant to the following chapters of the PMC as now exist or as may be hereafter amended:
1. Chapter 12.12
“Exterior boundaries” includes but is not limited to, all property located adjacent to the area of a proposed project action subject to a project permit owned by the project permit applicant.
“Local government” means the city of Pomeroy.
“Open record hearing” means a hearing, conducted by a single hearing body or officer, including but not limited to the city council or planning commission, authorized by the city council to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed under PMC 16.06.500. An open record hearing may be held prior to the city’s decision on a project permit to be known as a “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.
“Parties of record” means:
1. The applicant;
2. Any person who testified at the open record public hearing on the application; and/or
3. Any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters).
“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or city council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file. (Ord. 740 §1 (part), 1996).
16.06.010 Procedures for processing project permits.
A. Classification. For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II (A and B), Type III or Type IV (A and B). Legislative decisions are Type V actions, and are addressed in PMC 16.06.050. Exclusions from the requirements of project permit application processing are contained in PMC 16.06.070.
B. Omission or Subsequent Enactment. In the event a development permit required by the city has been omitted or has been adopted by the city council after the effective date of the ordinance codifying this title, and another specific procedure is not required by law, the director shall classify the application as one of the four procedure types, Type I, Type II (A and B), Type III or Type IV (A and B) as set forth in PMC 16.06.030(B) and (C). (Ord. 740 §1 (part), 1996).
16.06.020 Determination of proper procedure type.
A. Determination by Director. The director or other official designated by the mayor (hereinafter the “director”), shall determine the proper procedure type for all project permit applications. If there is a question as to the appropriate procedure type, the director shall resolve it in favor of the higher procedure type number. The act of classifying an application for procedure type shall be a Type I action; and subject to reconsideration and appeal at the same time and in the same way as the merits of the project permit application in question.
B. Optional Consolidated Permit Processing.
1. Unless otherwise required, where the city must approve more than one project permit application for a given development, two or more project permit applications required for the development may be simultaneously submitted by the applicant for review at one time under a single permit processing review procedure (“consolidated permit review”). If an applicant elects the consolidated permit review process by the simultaneous submission of two or more applications; (1) the applications shall be reviewed and processed under the highest numbered procedure type that applies to any of the applications; and (2) the determination of completeness (PMC 16.06.230); notice of application (PMC 16.06.240); and notice of final decision (PMC 16.06.570) shall include all project permits being reviewed through the consolidated review process. If project permit applications for any such development are not submitted under this optional consolidated permit review process, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure type.
2. Applications processed in accordance with subsection (B) of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision-maker(s) applicable to such applications. Decision bodies in order of ranking are as follows: The city council is the highest, followed by the planning commission or shoreline hearings board, or as applicable, and then the director. Joint public hearings with other agencies shall be processed according to PMC 16.06.040. (Ord. 740 §1 (part), 1996).
16.06.030 Project permit application framework.
A. Definitions. For purposes of this subsection:
1. “Director” means either the city public works director, the Building Inspector, other Code official as designated by the Pomeroy Municipal Code, or their respective authorized designees.
2. “Hearing body” means the city council, shoreline hearings board, or board of appeals pursuant to Title 16 PMC as now exists or may hereafter be amended, as applicable.
|
|
TYPE I |
TYPE IIA |
TYPE IIB |
TYPE III |
TYPE IVA |
TYPE IVB |
TYPE V |
|---|---|---|---|---|---|---|---|
|
|
Building permits w/o SEPA review |
Building Permits w/ SEPA Review |
Short Sub division and Plat |
Zoning Conditional Use Permit and Variance |
Subdivision Application, Preliminary Plat |
Final plat |
Comp. Plan Amendments |
|
|
Subdivision Technical Deviations |
Critical Areas Alteration Permits |
Short Binding Site. |
Subdivision Variance |
Plat vacations & alterations |
Final Binding Sites |
Development Regulations & Amendments |
|
|
Boundary Line Adjustments |
Reasonable Use Requests in Critical areas |
|
Shoreline Substantial Development Permits |
Site Rezone |
|
Area Wide Rezone |
|
|
Street Excavation permits w/o SEPA review |
Street Excavation Permit w/ SEPA Review |
|
Shoreline Conditional Use Permit Shoreline Variance |
Preliminary Binding Sites |
|
Annexations |
|
|
Drainage Plans |
Administrative & Flood Zone Interpretations |
|
Sign Variance |
|
|
|
|
|
|
Historic Register Renovation |
|
|
|
|
|
|
Recommendation by |
N/A |
|
|
Planning Commission |
Planning Commission |
Director |
Planning Commission |
|---|---|---|---|---|---|---|---|
|
Final Decision made by |
Director |
Director except Historic by Historic Commission |
Director |
City Council |
City Council |
City Council |
City Council |
|
Notice of Application |
No |
No |
No |
Yes, Except Signs |
Yes |
Yes |
No |
|
Open record Public Hearing |
No |
Only if appealed, open record hearing before city council. |
Only if appealed, before city council, (except SEPA is judicial appeal) |
Yes, before planning commission for recommen-dation to city council |
Yes, before planning commission to make council recommen-dation to city |
No |
Yes, (except annexations) before planning commission for recommen-dation to city council |
|
Closed record appeal/final decision |
Only if appealed, then before city council |
No |
Only if appealed, then before city council |
No, except for Shoreline decision appeal, then before Shoreline Hearings Board |
Yes, before city council to render final decision |
Yes, before city council to render final decision |
Yes, or city council could decide to hold its own open record hearing |
|
Judicial Appeal |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
(This table is generally a summary of items established by other ordinances. Revised June 2006.)
16.06.040 Joint public hearings.
A. Director’s Decision to Hold Joint Hearing. At the request of the applicant, the director may combine any hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection (B) of this section are met.
B. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:
1. The joint hearing can be held within the time period specified in RCW 36.70B.090 or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings;
2. The other agency is not expressly prohibited by statute from doing so;
3. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule; and
4. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing. (Ord. 775 §3, 2000; 740 §1 (part), 1996).
16.06.050 Legislative decisions.
A. Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
1. Zoning code and development regulations and amendments to development regulations (for the purposes of this section, “development regulations” are as defined in RCW 36.70A.030(7), as now exists or as may be hereafter amended);
2. Area-wide rezones to implement new city policies;
3. Adoption of the comprehensive plan and any plan amendments; and
4. Annexations.
B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions in this section. The public hearing shall be held in accordance with the requirements of PMC 16.06.500.
C. City Council. The city council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of PMC 16.06.500.
D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in PMC 16.06.330(B)(4).
E. Implementation. The city council’s decision shall become effective by passage of an ordinance or resolution. (Ord. 740 §1 (part), 1996).
16.06.060 Legislative enactments not restricted.
Nothing in this chapter or the Project permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan or to make changes to the city’s development regulations. See PMC 16.08.100, Comprehensive Plan and Development Regulation Amendments. (Ord. 740 §1 (part), 1996).
16.06.070 Exemptions from project permit application processing.
A. Whenever a permit or approval in the Pomeroy Municipal Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are specifically excluded from the procedures set forth in this title:
1. Historic designations;
2. Street vacations under Chapter 35.79 RCW;
3. Other approvals relating to the use of public areas; and
4. Other project permits, whether administrative or quasi-judicial that the city council has determined by resolution present special circumstances that warrant a different review process.
B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and Chapter 16.14 PMC (SEPA), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following Project Permit Processing procedures:
1. Notice of application (PMC 16.06.240);
2. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (PMC 16.06.020(B));
3. Joint public hearings (PMC 16.06.040);
4. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing (PMC 16.06.520(C));
5. Notice of decision (PMC 16.06.580). (Ord. 818 §2, 2005; 740 §1 (part), 1996).
16.06.080 Administrative interpretations.
A decision as to the meaning, application or intent of any development regulation, as it relates to a specific piece of property may be requested by an applicant, staff, or a citizen at any time prior to a final decision on a project permit application to which the development regulation may be applied. The request shall be on a form provided by the responsible official and include identification of the regulation in question, a description of the property and a clear statement of the issue or question to be decided. The responsible official shall issue a written interpretation within a reasonable time, but no more than fourteen working days after receipt of the completed form, and file a copy in a book or binder for such interpretations readily available to the public at the appropriate department’s service counter. The responsible official shall be designated by the mayor. Administrative interpretations may be appealed to the city council for final decision as provided in PMC 16.06.130. (Ord. 775 §4, 2000; 740 §1 (part), 1996).
Subchapter 116.06.200
Processing of Project Permit Applications
Sections:
16.06.210 Preapplication conference.
16.06.220 Project permit application.
16.06.230 Submission and acceptance of application.
16.06.240 Notice of application.
16.06.250 Referral and review of project permit applications.
16.06.210 Preapplication conference.
A. Applications for project permits Type III and Type IVA actions shall not be accepted by the director unless the applicant has requested and attended a preapplication conference. The purpose of the preapplication conference is to acquaint the applicant with the requirements of the Pomeroy Municipal Code and project review procedures and, for city 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 preapplication conference is meaningful, the applicant must provide all information requested on the form required by the director.
B. The conference shall be held no more than fifteen calendar days following the filing of a written request for a preapplication conference with the director, on the form provided by the director.
C. 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:
1. A form which lists the requirements for a completed application;
2. A general summary of the procedures and timelines to be used to process the application;
3. The references to the relevant code provisions or development standards which may apply to the approval of the application, as preliminarily identified at the preapplication conference.
4. The city’s design guidelines.
D. 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 city to the applicant under subsection (C) of this section, shall not bind or prohibit the city’s future application or enforcement of all applicable laws.
E. Preapplication 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. 740 §1 (part), 1996).
16.06.220 Project permit application.
Applications for project permits shall be submitted to the city 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:
A. A completed project permit application form;
B. 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.
C. A property and/or legal description of the site for all applications, as required by the applicable development regulations;
D. The applicable fee as established by city council ordinance or resolution;
E. Evidence of adequate water supply as required by RCW 19.27.097;
F. Evidence of ability to comply with water requirements of Chapter 13.04 PMC, Water Regulations;
G. Evidence of ability to comply with sewer requirements of Chapter 13.08 PMC, Sewage Disposal;
H. Information on the capacity of existing storm water conveyance and control facilities; and
I. 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 chapter. (Ord. 740 §1 (part), 1996).
16.06.230 Submission and acceptance of application.
A. Determination of Completeness. Within twenty-eight calendar days after actual receipt of a project permit application as evidenced by the date stamped on the face thereof by the city, the city shall mail or personally provide a written determination to the applicant which states either: (1) that the application is complete; or (2) 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 city. Applications received after 5:00 p.m. shall be date stamped the next business day. If an applicant has elected the optional consolidated permit review process under PMC 16.06.020, 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.
B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination required by subsection (A) of this section.
C. Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in PMC 16.06.220, 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 city’s determination of completeness shall not preclude the city 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.
D. Incomplete Application Procedure.
1. If the applicant is issued a written determination from the city that an application is not complete, the applicant shall have ninety calendar days from date of personal delivery or date of mailing by the city to submit the required information to the city. Within fourteen calendar days after an applicant has submitted the requested additional information, the city shall remake the determination as to completeness in the manner described in subsection (A) 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 (A) of this section.
2. If the applicant either refuses in writing to submit the required additional information within the ninety calendar day period, the director shall make findings and issue a decision, according to the Type IA procedure in PMC 16.06.030, that the application has lapsed for failure to meet the time requirements set forth herein.
3. 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.
E. City’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection (A) or (D)(1) of this section.
F. Date of Completeness of Application. When the project permit application is complete, whether due to a determination of completeness issued under subsection (A) or subsection (E) of this section, the director shall note the date of completeness on the application. (Ord. 740 §1 (part), 1996).
16.06.240 Notice of application.
A. Generally. A notice of application shall be issued on all Type III and IV project permit applications.
B. SEPA.
1. Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless an open record predecision hearing is required or an open record appeal hearing is allowed on the project permit decision.
2. Integration with Permit Procedures. Environmental review under Chapter 43.21C RCW and Chapter 4.02 PMC shall be integrated with the procedures described in this section as follows:
a. Except for a determination of significance, and except as expressly allowed in this subsection (B), the city may not issue its threshold determination until the expiration of the public comment period on the notice of application.
b. If an open record predecision hearing is required the city shall issue its threshold determination at least fifteen calendar days prior to the open record predecision hearing.
c. Comments shall be as specific as possible.
3. Determination of Significance. If the city has made a determination of significance under Chapter 43.21C RCW and Chapter 4.02 PMC 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.
4. Optional DNS Process. If the responsible official has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the responsible official may elect to use the single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal as set forth in PMC 4.02.160, as not exists or as may be hereafter amended. If this process is used, a second commend period will typically not be required when the DNS is issued.
C. Contents. The notice of application shall include:
1. The date of application, the date of the notice of completion for the application and the date of the notice of application;
2. 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 or RCW 36.70B.090;
3. The identification of other permits not included in the application, to the extent known by the city;
4. 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;
5. A statement of the limits of the public comment period, which shall be not less than fourteen nor more than thirty 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;
6. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;
7. 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 PMC 16.06.400;
8. Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.
D. Time Frame for Issuance of Notice of Application.
1. Within fourteen days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application in the manner provided in subsection (E) of this section.
2. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided to the public at least fifteen days prior to the open record hearing.
E. Methods for Notice. The notice of application shall be given to the public and to agencies with jurisdiction as follows:
1. By posting and publication per PMC 16.06.310.
2. Notifying public, private groups and the news media that have requested such notice in writing for that calendar year.
3. Mailed notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the exterior boundary of the property upon which the project is proposed.
4. 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.
F. Public Comment on the Notice of Application. All public comments received on the Notice of Application must be received by the director at City Hall, P.O. Box 370, 80 7th Street, Pomeroy, Washington 99347, by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile.
G. Limitation. Except for a determination of significance, the city 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. (Ord. 775 §5, 2000; 740 §1 (part), 1996).
16.06.250 Referral and review of project permit applications.
Within ten calendar days of accepting a complete application, the director shall do the following:
A. 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 responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have fifteen calendar days to comment. The referral agency or city 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.
B. If a Type III procedure is required, notice and hearing shall be provided as set forth in PMC 16.06.300. (Ord. 740 §1 (part), 1996).
Subchapter 116.06.300
Public Notice
Sections:
16.06.310 Required public notice of application.
16.06.320 Optional public notice.
16.06.330 Notice of public hearing.
16.06.310 Required public notice of application.
In addition to the notice of application required for Type III and IV project permits, as described in PMC 16.06.240, the city shall also provide public notice of any other project permit application not exempt from the procedures of this title by PMC 16.06.070 by posting the property and by publication in the city’s official newspaper.
A. Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows:
1. A single notice board shall be placed by the applicant;
a. At the midpoint of the site street frontage or as otherwise directed by the city for maximum visibility;
b. Five feet inside the street property line, except when the board is structurally attached to an existing building, provided that no notice board shall be placed more than five feet from the street property without approval of the director;
c. So that the top of the notice board is between seven to nine feet above grade; and
d. Where it is completely visible to pedestrians.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
c. The director determines that additional notice boards are necessary to provide adequate public notice.
3. Notice boards shall be:
a. Maintained in good condition by the applicant during the notice period;
b. In place at least thirty calendar days prior to the date of hearing, or at least fifteen calendar days prior to the end of any required comment period;
c. Removed within fifteen calendar days after the end of the notice period.
4. Removal of the notice board prior to the end of the notice period may be cause for discontinuance of the director’s review until the notice board is replaced and remains in place for the specified time period.
5. An affidavit of posting shall be submitted to the director by the applicant prior to the hearing or final comment date. If the affidavits are 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.
6. Notice boards shall be constructed and installed in accordance with specifications promulgated by the department of planning and building.
B. Published Notice. Published notice shall include at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, published in the city’s official newspaper of general circulation in the general area where the proposal is located.
C. Shoreline Master Program Permits.
1. Methods of Providing SMP Notice. Notice of the application for a permit under the purview of the city’s Shoreline Master Program (SMP) shall be given by at least one of the following methods:
a. Mailing of the notice to the occupants and the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the exterior boundary of the property upon which the substantial development is proposed; provided that if condominiums are located within the area or within three hundred feet of the exterior boundaries of said are, notice shall be mailed to the condominium association, if one exists, or alternatively, to the manager of each condominium building;
b. Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or
c. Any other manner deemed appropriate by the city to accomplish the objectives of reasonable notice to adjacent landowners and the public.
2. Content of SMP Notice. The notices shall include:
a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after issuance of the decision, may submit the comments or requests for decisions to the city within thirty calendar days of the last date the notice is to be published pursuant to this subsection. The city shall forward, within two working days following issuance of the decision, a copy of the decision to each person who submits a request for the decision;
b. A statement that any person may submit oral or written comments on an application at the hearing;
c. The information that the public comment period shall be thirty days; and
d. The manner in which the public may obtain a copy of the city’s decision on the application no later than two days following its issuance. (Ord. 740 §1 (part), 1996).
16.06.320 Optional public notice.
A. In addition to the required methods of notice, and as optional methods of providing public notice of any project permits, the city may:
1. Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;
2. Notify the news media;
3. Place notices in appropriate regional or neighborhood newspapers or trade journals;
4. Publish notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and
5. Mail to neighboring property owners.
B. The city’s failure to provide the optional notice as described in this subsection shall not be grounds for invalidation of any permit decision. (Ord. 775 §6, 2000; 740 §1 (part), 1996).
16.06.330 Notice of public hearing.
A. Content of Notice of Public Hearing for all Types of Applications. The notice given of a public hearing required in this chapter shall contain:
1. The name and address of the applicant or the applicant’s representative;
2. Description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description;
3. The date, time and place of the hearing;
4. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation.
5. The nature of the proposed use or development;
6. A statement that all interested persons may appear and provide testimony;
7. The sections of the code that are pertinent to the hearing procedure;
8. When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;
9. The name of the city representative to contact and the telephone number where additional information may be obtained;
10. That a copy of the application, all documents and evidence relied upon by the applicant are available for inspection at no cost and copies will be provided at the requester’s cost;
11. That a copy of the staff report will be available for inspection at no cost at least ten calendar days prior to the hearing and copies will be provided at the requester’s cost;
B. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
1. Type I and Type II Actions. No public notice is required because no public hearing is held, except on an appeal of a Type II action.
2. Type III Actions. The notice of public hearing shall be mailed to:
a. The applicant;
b. All owners of property according to the records of the county assessor within the area of the proposed action and within three hundred feet of the exterior boundary of the subject property; provided that if condominiums are located within the area or within three hundred feet of the exterior boundary of the area, notice shall be mailed to the condominium association, if it exists or, alternatively, the condominium building manager of each building.
c. Any person who submits written or oral comments on an application.
3. Type IV Actions. The notice of public hearing shall be mailed to all of the persons entitled to notice as described in subsection (B)(2) of this section, and for preliminary plats and proposed subdivisions, additional notice shall be provided as follows:
a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities.
b. Notice of the filing of a preliminary plat of a proposed subdivisions located in a city or town and adjoining the municipal boundaries thereof shall be given to the appropriate county officials.
c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the Washington State Secretary of Transportation, who must respond within fifteen calendar days of such notice.
d. Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the city deems necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.090(2) shall be given to owners of real property located with three hundred feet of any portion of the exterior boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.
4. Type V Actions. For Type V Legislative actions, the city shall publish notice as described in PMC 16.06.330(C)(2) and provide any other notice required by RCW 35A.12.160.
5. General Procedure for Mailed Notice of Public Hearing.
a. The records of the Garfield County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The director or his/her designee shall issue a sworn certificate of mailing to all persons entitled to notice under this chapter. The director may provide notice to other persons other than those required to receive notice under the code.
b. All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.
C. Procedure for Posted or Published Notice of Public Hearing.
1. Posted notice of the public hearing is required for all Type III and IV project permit applications. The posted notice shall be posted as required by PMC 16.06.310(A)(1) and under the time requirements of PMC 16.06.310(A)(1)(c)(2).
2. Published notice is required for all Type III, IV and V procedures. The published notice shall be published in the city’s official newspaper.
D. Time and Cost of Notice of Public Hearing.
1. Notice shall be mailed, posted and first published not less than ten nor more than thirty calendar days prior to the hearing date. Any posted notice shall be removed by the applicant within fifteen calendar days following the public hearing.
2. All costs associated with the public notice shall be borne by the applicant. (Ord. 775 §7, 2000; 740 §1 (part), 1996).
Subchapter 116.06.400
Consistency with Development Regulations and SEPA
Sections:
16.06.410 Determination of consistency.
16.06.420 Initial SEPA analysis.
16.06.410 Determination of consistency.
A. Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan shall be determined through the process in this chapter.
B. Consistency. During project permit application review, the city shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project. In the absence of applicable development regulations, the city shall determine whether the items listed in this subsection are defined in the city’s adopted comprehensive plan. This determination of consistency shall include the following:
1. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as but not limited to planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;
2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; and
3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW; and
4. Character of the development, such as but not limited to development standards. (Ord. 740 §1 (part), 1996).
16.06.420 Initial SEPA analysis.
A. The city shall also review the project permit application under the requirements of the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city environmental policy ordinance, and shall:
1. Determine whether the applicable regulations require studies that adequately analyze all of the project permit application’s specific probable adverse environmental impacts (see subsection (D) of this section for how determination is made);
2. Determine if the applicable regulations require measures that adequately address such environmental impacts;
3. Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures;
4. Provide for prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.
B. In its review of a project permit application, the city may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.
C. If the city’s comprehensive plans, subarea plans and development regulations adequately address a project’s specific adverse environmental impacts, as determined under subsections (A) and (B) of this section, it shall not impose additional mitigation under SEPA during project review.
D. A comprehensive plan, subarea plan, development regulation or other applicable local, state or federal law permits adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:
1. The impacts have been avoided or otherwise mitigated; or
2. The city has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.
E. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction and with environmental expertise with regard to a specific environmental impact, the city shall consult orally or in writing with that agency and may expressly defer to that agency. Any oral consultation shall be documented in the project permit file. In making this deferral, the city shall base or condition its project approval on compliance with these other existing rules or laws.
F. Nothing in this section limits the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.
G. The city shall also review the application under Chapter 16.14 PMC, the city environmental policy ordinance.
H. During project reviews, the city shall not reexamine alternatives to or hear appeals on the items identified in PMC 16.06.410(B), except for issues of code interpretation. Project reviews shall be used to identify specific project design and conditions relating to the character of development, such as but not limited to, details of site plants, curb cuts, drainage, transportation demand management, the payment of impact fees, or other measures to mitigate a proposed project’s probable adverse environmental impact. (Ord. 775 §8, 2000; 740 §1 (part), 1996).
Subchapter 116.06.500
Open Record Public Hearings
Sections:
16.06.520 Responsibility of director for hearing.
16.06.530 Conflict of interest.
16.06.540 Ex parte communications.
16.06.550 Burden and nature of proof.
16.06.560 Order of proceedings.
16.06.570 Findings and notice of decision.
16.06.580 Calculation of time periods for issuance of notice of final decision.
16.06.510 General.
Open record public hearings on all Type II, III and IV project permit applications, shall be conducted in accordance with this chapter.
16.06.520 Responsibility of director for hearing.
The director shall:
A. Schedule an application for review and public hearing.
B. Give notice.
C. Prepare the staff report on the application, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the city’s authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append this determination. In the case of a Type I or II project permit application, this report may be the permit.
D. Prepare the notice of decision, if required by the hearing body and/or mail a copy of the notice of decision to those required by this code to receive such decision. (Ord. 740 §1 (part), 1996).
16.06.530 Conflict of interest.
The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exist or as may be hereafter amended. (Ord. 740 §1 (part), 1996).
16.06.540 Ex parte communications.
A. Quasi-judicial land use decisions of the hearing body shall be subject to Chapter 42.36 RCW, Appearance of Fairness, as the same now exists or as may be hereafter amended.
B. No member of the hearing body may be disqualified by the appearance of fairness doctrine for conducting the business of his or her office with any constituent on any matter other than a quasi-judicial action then pending before the hearing body.
C. Prior to declaring as a candidate for public office or while campaigning for public office as defined by RCW 42.17.020(5) and (25), as now exist or as may be hereafter amended, no public discussion or expression of an opinion by a person subsequently elected to a public office, on any pending or proposed quasi-judicial actions, shall be a violation of the appearance of fairness doctrine.
D. During the pendency of any quasi-judicial proceeding, no member of a decision making body may engage in ex parte communications with opponents or proponents with respect to the proposal which is the subject of the proceeding unless that person;
1. Places on the record the substance of any written or oral ex parte communications concerning the decision or action;
2. Provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is considered or taken on the subject to which the communication related. This prohibition does not preclude a member of a decision making body from seeking in a public hearing specific information or date from such parties relative to the decision if both the request and the results are a part of the record. Nor does such prohibition preclude correspondence between a citizen and his or her elected official if any such correspondence is made a part of the record when it pertains to the subject matter of a quasi-judicial proceeding.
E. Anyone seeking to rely on the appearance of fairness doctrine to disqualify a member of a decision-making body from participating in a decision must raise the challenge as soon as the basis for disqualification is made known to the individual. Where the basis is known or should reasonably have been known prior to the issuance of a decision and is not raised, it may not be relied on to invalidate the decision.
F. In the event of a challenge to a member or members of the hearing body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine.
G. Except for Type V actions, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received. (Ord. 740 §1 (part), 1996).
16.06.550 Burden and nature of proof.
Except for Type V actions, the burden of proof for demonstrating compliance with development regulations and consistency with SEPA is on the applicant. The project permit application must be supported by proof that it conforms to the applicable elements of the city’s development regulations, comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
16.06.560 Order of proceedings.
The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.
A. Before receiving information on the issue, the following shall be determined:
1. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate.
2. Any abstentions or disqualifications shall be determined.
B. The presiding officer may take official notice of known information related to the issue, such as:
1. A provision of any ordinance, resolution, rule, officially adopted development standard or state law;
2. Other public records and facts judicially noticeable by law.
C. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record. However, the hearing body may take notice of matters listed in subsection (B) of this section if stated for the record. Any matter given official notice may be rebutted.
D. The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner and circumstances of such view on the record.
E. Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.
F. When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided. (Ord. 740 §1 (part), 1996).
16.06.570 Findings and notice of decision.
A. Following the hearing procedure described in PMC 16.06.500, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse or remand the decision that is on appeal.
B. The hearing body’s written decision shall issue within ten days after the hearing on the project permit application. The Notice of Final Decision shall issue within one hundred twenty days after the city notifies the applicant that the application is complete. The time frames set forth in this section and PMC 16.06.580 shall apply to project permit applications filed on or after April 1, 1996.
C. The city shall provide a Notice of Decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. For Type II, III and IV project permits, the Notice of Decision on the issued permit shall contain the requirements set forth in PMC 16.06.420(A).
D. The Notice of Decision shall be provided 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.
E. The Notice of Decision shall be provided to the public as set forth in PMC 16.06.310(A)(2) by publication.
F. If the city is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the Notice of Decision.
G. The Notice of Decision shall include a statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The city shall send a copy of the notice of decision to the Garfield County assessor’s office. (Ord. 775 §10, 2000; 740 §1 (part), 1996).
16.06.580 Calculation of time periods for issuance of notice of final decision.
A. In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the Notice of Final Decision, the following periods shall be excluded:
1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the city;
2. If the city determines that the information submitted by the applicant under subsection (A)(1) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (A)(1) of this section shall apply as if a new request for studies had been made;
3. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant in writing agree to a time period for completion of an environmental impact statement;
4. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed:
a. Ninety days for an open record appeal hearing; and
b. Sixty days for a closed record appeal.
The parties may agree to extend these time periods;
5. Any extension of time mutually agreed upon by the applicant and the city in writing; and
B. The time limits established in this title do not apply if a project permit application:
1. Requires an amendment to the comprehensive plan or a development regulation;
2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;
3. Is an application for a permit or approval described in PMC 16.06.070; or
4. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70B.070 and PMC 16.06.220 and 16.06.230. (Ord. 740 §1 (part), 1996).
Subchapter 116.06.600
Closed Record Decisions and Appeals
Sections:
16.06.610 Appeals of decisions.
16.06.620 Consolidated appeals.
16.06.630 Standing to initiate administrative appeal.
16.06.650 Procedure for closed record decision/appeal.
16.06.610 Appeals of decisions.
Project permit applications decisions may be appealable as provided in the framework in PMC 16.06.030. (Ord. 775 §11, 2000; 740 §1 (part), 1996).
16.06.620 Consolidated appeals.
A. All appeals of project permit application decisions, shall be considered together in a consolidated appeal.
B. Appeals of environmental determinations under SEPA, and Chapter 4.02 PMC are subject to the provisions of Chapter 4.02 PMC, as now exists or as may be hereafter amended. (Ord. 775 §12, 2000; 740 §1 (part), 1996).
16.06.630 Standing to initiate administrative appeal.
A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type I, II, III decision or a Type IV recommendation on a project permit application.
B. Definition. The term “parties of record” for the purposes of this chapter, shall be as defined in PMC 16.06.005. (Ord. 740 §1 (part), 1996).
16.06.640 Type I, II, III, or IV project permit decisions or recommendations and administrative interpretations.
Appeals of the decisions or recommendations on a Type I, Type II, III or IV project permit applications and appeals of administrative interpretations shall be governed by the following:
A. Standing. Only parties of record have standing to appeal.
B. Time to File. An appeal must be filed within fourteen calendar days following issuance of the written decision. Appeals may be delivered to the planning department by mail, personal delivery or by fax before 5:00 p.m. on the last business day of the appeal period.
C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next city business day.
D. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by council ordinance or resolution, and contain the following information:
1. Appellant’s name, address and phone number;
2. Appellant’s statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
5. The relief sought, including the specific nature and extent;
6. A statement that the appellant has read the appeal and believes the contents to be true, following by the appellant’s signature.
E. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the appropriate hearing body, as set forth in PMC 16.06.030, or withdrawn.
F. Notice of Appeal. The director shall provide public notice of the appeal as provided in PMC 16.06.330(B)(2). (Ord. 775 §13, 2000; 740 §1 (part), 1996).
16.06.650 Procedure for closed record decision/appeal.
A. The following subsections of this title shall apply to a closed record decision/appeal hearing: PMC 16.06.530; PMC 16.06.540; PMC 16.06.550; PMC 16.06.560(A) through (D); PMC 16.06.570(A).
B. The closed record appeal/decision hearing shall be on the record before the hearing body, and no new evidence may be presented. (Ord. 740 §1 (part), 1996).
16.06.660 Judicial appeals.
A. The city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Garfield County Superior Court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW as it now exists or as may be hereafter amended. (Ord. 740 §1 (part), 1996).
Subchapter 116.06.700
Development Agreements
Sections:
16.06.730 General provisions of development agreements.
16.06.750 Form of agreement – Council approval, recordation.
16.06.710 Type of approval.
Development agreements shall accompany and be processed in conjunction with the underlying project permit application, approval or annexation request. The type of project permit application or other approval shall control the type of application. (Ord. 740 §1 (part), 1996).
16.06.720 Authority.
A. The execution of a development agreement is a proper exercise of city police power and contract authority. The city may consider, and enter into, a development agreement with a person having ownership or control or real property within the city limits. The city may consider a development agreement for real property outside of the city limits but within the urban growth area (“UGA,” as defined in RCW 36.70A.030(15), or as designated by the County pursuant to RCW 36.70A.110) as part of a proposed annexation or a service agreement.
B. A development agreement shall be consistent with applicable development regulations adopted by the city under Chapter 36.70A RCW. (Ord. 740 §1 (part), 1996).
16.06.730 General provisions of development agreements.
A. The development agreement must include the following:
1. The development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of real property for the duration of the agreement;
2. Project components which define and detail the allowable uses, residential densities, commercial or non-residential area floor area;
3. Location of buffers, landscaping or open space;
4. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, local ordinance, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
5. Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW;
6. Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features;
7. Provisions for affordable housing;
8. Parks and common open space preservation;
9. Review procedures and standards for implementing decisions;
10. A build-out or vesting period for application standards; and
11. Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard.
B. The development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to the public health or safety. (Ord. 740 §1 (part), 1996).
16.06.740 Enforceability.
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 specified build-out period. The agreement may not be subject to a new or an amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, unless otherwise provided in the agreement. Any permit or approval issued by the city after the execution of the agreement must be consistent with the development agreement. (Ord. 740 §1 (part), 1996).
16.06.750 Form of agreement – Council approval, recordation.
A. Form. All development agreements shall be in the form provided by the city attorney’s office. The city attorney shall approve all development agreements prior to consideration by the city council.
B. Council Approval. The city council shall only approve development agreements, or amendments thereto, by ordinance.
C. Recordation. Development agreements shall be recorded with the real property records of the county in which the property is located at the cost of the applicant. During the term of the development agreement, the agreement is binding on the parties and their successors in interest. (Ord. 740 §1 (part), 1996).