Chapter 19.30 APPLICATION REQUIREMENTS

Chapter 19.30
APPLICATION REQUIREMENTS

Sections:

19.30.010 Preapplication review.

A. The purpose of preapplication review is:

1. To acquaint city and other agency staff with a sufficient level of detail about the proposed development, in order for staff to advise applicants on the requirements of the Poulsbo Municipal Code and other applicable requirements, law and information from the city and other agencies.

2. To reduce or eliminate the city’s need to request additional information or corrections that cause revisions or resubmittals.

3. Reduce time frames for approval of land use applications by providing the applicant detailed input and applicable requirements in order for the applicant to submit a complete and code-compliant land use application.

B. Preapplication review is required for Type II and III permits and may be required for Type IV and V permit applications that are not filed by the city.

C. Preapplication review may be waived by the planning director when: (1) a completed preapplication waiver form and any requested information have been submitted by applicant; and (2) the planning director, in consultation with other development review departments, determines that the proposal is ready for counter complete review and includes all necessary documents.

1. In general, a waiver of a preapplication conference may be granted when it is either: (a) determined the proposal is relatively simple (i.e., has few development-related issues); (b) involves subsequent phases of an approved development where requirements are known; (c) an application is substantially similar to a prior proposal affecting substantially the same property; or (d) is an application for post-decision modification(s).

2. In requesting a waiver, the applicant shall complete a waiver request form as provided by the planning department and submit it with the preapplication package submittal, explain why the application warrants waiving of preapplication review, and acknowledge that waiving the preapplication review increases the risk the application processing will be delayed. The preapplication package shall contain all the documents necessary for counter complete review (Section 19.30.020).

D. To initiate preapplication review, an applicant shall submit a completed preapplication form with the requested information to the city and required fee. Information not provided on the form shall be provided on the face of a supporting map, drawing, documents or attachments. The information included in the submitted materials shall be of sufficient detail in order for the city to adequately review the proposed project and provide feedback.

E. Within fourteen calendar days after receipt of an application for preapplication review, the planning department shall schedule a preapplication conference and provide in writing to the applicant, city development review staff and other appropriate agencies, a notice of the conference with date, time and location.

F. The planning department shall coordinate the involvement of department and agency staff responsible for development review in the preapplication review process.

G. Preapplication conferences are not public meetings and are not typically open to the public. The planning director may limit attendance at such meetings.

H. The planning director shall provide to the applicant and those who request a copy a preapplication conference summary letter within fourteen calendar days after the date of the preapplication conference. The written summary shall do the following to the extent possible given the information provided by the applicant:

1. Summarize the proposed project.

2. Identify the review authority, relevant approval criteria and development standards in the Poulsbo Municipal Code or other applicable codes, standards or requirements.

3. Evaluate the submitted information the applicant offered to comply with the relevant codes, standards or requirements. Identify specific additional information that is needed to respond to the relevant codes, standards or requirements, or is recommended to respond to other issues.

4. Identify applicable application fees in effect at the time, with the disclaimer that fees may change.

5. Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:

a. Comprehensive plan map designation and zoning on and in the vicinity of the project subject to the application.

b. Physical development limitations, such as steep or unstable slopes, wetlands, water bodies, shorelines and others that may exist on and in the vicinity of the project subject to the application.

c. Those public facilities that will serve the property subject to the application, including water, sewer, roads, storm drainage, parks and schools, fire and relevant considerations, such as minimum access and fire flow requirements, and impact fees.

d. Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application.

6. Confirm the application(s) and document(s) that will be necessary for counter complete application requirements. The planning director may waive application requirements that are clearly not necessary based on the nature of the proposed application, development, site or other factors. To the extent possible, the application requirements shall be identified in the preapplication summary letter.

I. The preapplication summary letter provided by the city shall expire six months from the date the preapplication conference is held. Upon written request by the applicant fourteen calendar days prior to the expiration setting forth reasons for the request, the planning director may extend the validity of the preapplication comments by one additional six-month period.

J. More than one preapplication conference may be held on a proposed project and may be required by the planning director at the conclusion of the initial preapplication conference.

1. A second preapplication conference will be charged one-half the amount of the original preapplication conference fee.

2. If a second preapplication conference is for a similar project as the initial preapplication conference, but on a different site, or on the same site, but the scope of the project has changed significantly, the full fee amount for preapplication conference will be charged.

3. If the preapplication has expired per subsection I of this section, a new request for a preapplication conference or a preapplication waiver shall be required.

K. A counter complete application that the planning director finds is substantially similar to the subject of a preapplication conference must be submitted prior to the expiration set forth in subsection I of this section.

L. Once the preapplication comments have expired, the applicant must file a new request for a preapplication conference or receive approval of a preapplication waiver (if applicable) in order to submit a development application.

M. The preapplication conference is not intended to be an exhaustive review of all potential issues and the discussions shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent information may prevent the city from identifying all of the issues or providing the most effective preapplication conference. (Ord. 2020-10 § 2 (Exh. A § 19), 2020: Ord. 2016-05 § 2 (Exh. A) (part), 2016)

19.30.020 Counter complete review.

A. Before accepting a Type II or III application, or applicant-initiated Type IV or V application, a determination that the application is counter complete shall be made. Counter complete review shall be made at a permit intake appointment with a planning department official.

B. An application is counter complete if the permit application purports and appears to include the information identified in the preapplication conference summary letter, and the appropriate application(s) fee is included.

C. No effort shall be made to evaluate the substantive adequacy of the information in the application at the counter complete review process.

D. If the permit application is accepted as counter complete, the city shall initiate review for technically complete status.

E. If the permit application is not accepted as counter complete, it shall immediately be rejected, and identify what is needed to make the application counter complete. The missing components will be identified at the appointment and followed up in writing by the city. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)

19.30.030 Technically complete review.

A. Determination. Within twenty-eight calendar days after receiving a counter complete Type II or III application or applicant-initiated Type IV and V application, the planning director shall provide a written determination to the applicant stating either: (1) that the application is technically complete; or (2) that the application is not technically complete and what is necessary to make the application complete, as set forth in subsection C of this section.

1. A preliminary substantive review of the submitted application materials will be made by the city at this time to determine whether an application is technically complete. The preliminary substantive review will include, at a minimum, a review of the submitted application, drawing(s), studies and other materials, to the requirements and comments identified in the preapplication conference summary letter and applicable provisions of the PMC.

2. If a determination of technical completeness or determination of incompleteness is not issued within twenty-eight calendar days, the application shall be deemed complete at the end of the twenty-eighth day.

3. The determination of technical completeness shall not preclude the planning director from requesting additional information or studies either at the time of determination of technical completeness or subsequently, if new information is required to complete review of the application or substantial changes in the permit application are proposed.

B. Application Content. An application is technically complete if it includes the following:

1. A completed application form signed and notarized by the owner(s) of the property or by a representative authorized to do so.

2. All required information listed on the application form, and all information required per the relevant sections of the Poulsbo Municipal Code and/or identified as necessary in the preapplication review summary letter is included in the submitted drawings, required engineering documents, environmental documents and/or other materials.

a. The planning director may waive application requirements that are clearly not necessary with regard to a specific project and may modify application requirements based on the nature of the proposed application, development, site or other factors. To the extent possible, the application requirements shall be identified in the preapplication summary letter.

3. A copy of the preapplication review summary letter, or a preapplication waiver if one was approved.

4. If required, a neighborhood meeting has been held, and a copy of the attendance and received comments summary.

5. A current Kitsap County assessor map(s) showing the subject property(ies) within a radius of three hundred feet (including full parcels if partially within the three-hundred-foot radius); a list of the names and addresses of owners of all properties within that radius; and three sets of mailing labels with the names and addresses of owners of all properties within that radius.

C. Incomplete Application. If the planning director decides an application is not technically complete within the time allowed in subsection A of this section, the planning director shall send the applicant a written statement indicating that the application is incomplete based on a lack of information, incomplete information or incorrect information, and listing what information or revisions are required to make the application technically complete.

1. An applicant shall have no more than a total of ninety calendar days to submit the identified information. If at the end of a total ninety calendar days, the identified information has not been submitted to the satisfaction of the planning director, the application shall be closed, deemed null and void and no more than ninety percent of the application fees returned to the applicant.

2. When the required information for an incomplete application is received by the city, the planning director shall notify the applicant within eighteen calendar days of receipt of the information of whether the application is now technically complete or what additional information remains needed.

D. Upon determining an application is technically complete, a notice of application shall be issued and distributed as set forth in Section 19.50.020. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)