Chapter 19.34
PUBLIC NOTICE STANDARDS AND PROCEDURES
Sections:
19.34.010 Public notice for land division code procedures only.
19.34.020 Publication and certification of notice.
19.34.030 Notice of application – Contents.
19.34.040 Notice of application – Distribution.
19.34.050 Notice of application – Level I applications categorically exempt from SEPA review.
19.34.070 Notice of application – Level III and Level IV applications.
19.34.080 Notice of application – Level III and Level IV public hearings.
19.34.100 Integration of notice procedures with environmental review procedures.
19.34.110 Request for special notice.
19.34.010 Public notice for land division code procedures only.
The provisions of this chapter are applicable to land division procedures of this title only. Levels of review and types of land division process shall be provided public notice as called for in the following sections of this chapter. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.020 Publication and certification of notice.
A. The director shall publish notices for which publication is required in the city’s official newspaper.
Publication is deemed complete on the date of publication. Proof of publication provided by the newspaper shall be presumptive evidence of the date of publication.
B. The director shall post, or cause to be posted, notices in the manner required by this code. Proof of posting in the following form executed by director or director’s representative shall be presumptive evidence of the date of posting:
CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that the content of the attached form of notice was posted in the following described manner on the following stated date(s): ________.
______________________
(Date and Place of Signing)
______________________
(Signature)
(Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.030 Notice of application – Contents.
Where formal notice of application is required for individual notice to applicants, agencies, surrounding property owners, or other persons, said notice shall include the following:
A. The identity of the applicant;
B. The date of the notice of application;
C. Notice that the city uses the optional threshold determination process authorized by WAC 197-11-355;
D. Notice that the application comment period for nonexempt proposals may be the only opportunity to comment on the environmental impacts of the proposal;
E. Notice that the proposal may include mitigation measures under applicable codes and the project review process may incorporate or require mitigation measures regardless of whether an environmental impact statement is prepared;
F. Notice that a copy of the subsequent threshold determination on the proposal may be obtained upon request;
G. A statement identifying the public comment period, the right to comment on the application, receive notice of and participate in hearings, request a copy of decision on the proposal once made and any appeal rights;
H. To the extent applicable, the date, time, place and type of hearing upon the application if such hearing has been scheduled at the time the notice of application/proposal is given; and
I. Other information that the director determines to be appropriate. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.040 Notice of application – Distribution.
Notice shall be distributed in the following manner, as appropriate to the level of review applicable to the project:
A. Applicant Notice. The director shall deliver or mail notice of application to the applicant, or the person or entity designated by the applicant to receive notice. The notice of application may be provided to the applicant or applicant’s designee contemporaneously with the determination of completeness.
B. Agency Notice. The director shall mail notice of applications that are not categorically exempt under SEPA to directors and agencies with jurisdiction over the project permit application.
C. Combined Notice. Notice of application may be combined with notice of hearing if the hearing date has been set at the time notice of application is given. Each combined notice shall contain the notice of application information required herein and the notice of hearing information required by Chapter 2.26 SMC.
D. The director will document the date and manner by which any notice is given.
E. The director may remove, or cause to be removed, posted notice upon expiration of the comment period.
F. Publication costs and costs incurred to post and remove notice at the proposal site shall be borne by the applicant in addition to other costs and fees which apply, as provided by the then-current city of Sultan annual fee schedule. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.050 Notice of application – Level I applications categorically exempt from SEPA review.
A. The director shall deliver or mail notice of interpretation requests and applications for Level I proposals that are categorically exempt under SEPA to parties that have filed a special notification request in accordance with SMC 19.34.110.
B. Such notice shall explain that there is no comment period and that the proposal is categorically exempt under SEPA. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.060 Notice of application – Level II applications and Level I applications nonexempt from SEPA review.
A. The director shall deliver or mail notice for application of Level II proposals and Level I applications that are not categorically exempt under SEPA to parties that have filed a special notification request in accordance with SMC 19.34.110.
B. The director shall additionally post notice on the city internet website containing the following information:
1. The identity of the applicant;
2. The date of the application and the date of the determination of completeness;
3. A brief description of the proposed action;
4. If a preliminary determination has been made, a statement that the proposal is subject to threshold determination requirements and the preliminary threshold determination that it expects to issue;
5. A statement identifying the public comment period and where comments may be made and a statement that the application comment period may be the only opportunity to comment on the environmental impacts of the proposal;
6. A statement explaining how interested parties may request special notice. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.070 Notice of application – Level III and Level IV applications.
A. The director shall deliver or mail notice for application/proposal of Level III and Level IV applications to:
1. The record owner(s) of property within 300 feet of the proposal site measured from each property line of the proposal site, as shown by the records of the Snohomish County assessor’s office.
2. Parties that have filed a special notification request in accordance with SMC 19.34.110.
B. The director shall post, or cause to be posted, conspicuous notice at the proposal site and post notice on the city internet website which states:
1. The identity of the applicant;
2. The date of the application and the date of the determination of completeness;
3. A brief description of the proposed action;
4. If a preliminary determination has been made, a statement that the proposal is subject to threshold determination requirements and the preliminary threshold determination that it expects to issue;
5. A statement identifying the public comment period and where comments may be made and a statement that the application comment period may be the only opportunity to comment on the environmental impacts of the proposal;
6. A statement explaining how interested parties may request special notice. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.080 Notice of application – Level III and Level IV public hearings.
A. Notice shall be published in the city’s official newspaper as provided in SMC 19.34.020.
B. The director shall deliver or mail notice for application/proposal of Level III and Level IV applications to:
1. Parties that have filed a special notification request in accordance with SMC 19.34.110.
2. The record owner(s) of property which is within 300 feet of the exterior boundaries of the subject parcel.
C. The director shall post, or cause to be posted, conspicuous notice at the proposal site and post notice on the city internet website which states:
1. The identity of the applicant;
2. The date of the application and the date of the determination of completeness;
3. A brief description of the proposed action;
4. If a preliminary determination has been made, a statement that the proposal is subject to threshold determination requirements and the preliminary threshold determination that it expects to issue;
5. A statement identifying the public comment period and where comments may be made and a statement that the application comment period may be the only opportunity to comment on the environmental impacts of the proposal;
6. A statement explaining how interested parties may request special notice. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.090 Comment period.
A. There is no public comment period on Level I proposals that are categorically exempt under SEPA.
B. There shall be a 14-day public comment period on Level II proposals and Level I proposals that are not categorically exempt under SEPA.
C. There shall be a 14-day public comment period on all Level III and IV proposals even if they are categorically exempt under SEPA.
D. The length of the comment period shall be identified in the notice of application.
E. The applicant is deemed to be a participant in the comment period and may submit comments during the comment period in addition to those submitted by agencies and the public.
F. Comments must be submitted in writing to the director prior to expiration of the comment period.
G. The city may assume that parties which do not respond with written comments within the time period for commenting have no information relating to the proposal or its potential impact(s). (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.100 Integration of notice procedures with environmental review procedures.
A. If the city has made a determination of significance under Chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this chapter prevents a determination of significance and scoping notice from being issued prior to the notice of application.
B. Except for a determination of significance, the city may not issue its threshold determination, or issue a decision or a recommendation on a project permit, until the expiration of the public comment period on the notice of application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.110 Request for special notice.
A. “Special notice” means that the city will provide the information required by SMC 19.34.050, 19.34.060, or 19.34.070, whichever is appropriate to the specified application process, to a person not specified by the applicable code provisions to receive such notice. “Special notice” does not mean that the person may request or expect to receive information beyond that normally called for by the notice provisions applicable to the application.
B. A person may request to be provided notice of a particular application process filed under the provisions of this title by one of the following methods:
1. Filing a no-cost form provided by the city for the purpose of requesting a special notice.
2. Providing by letter or email a request for special notice which clearly states:
a. The requestor’s name and contact information;
b. The specific application of interest in the request.
C. The city shall have five days to respond to a request for special notice. If the hearing or other event that is the subject of the special notice request has already taken place, there shall be no effect or recourse available to the requestor based on lack of notice. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.34.120 Notice of decision.
Notice of decisions made pursuant to this title shall be provided according to the following provisions:
A. Notice of decision on an application under this title shall be provided to the following:
1. A letter delivered, or sent by first-class mail to:
a. The applicant, or the person or entity designated by the applicant to receive notice;
b. The appellant, if any;
c. Parties that have filed a special notification request in accordance with SMC 19.34.110 prior to rendering of the decision;
d. Identifiable parties who have provided addresses and have submitted substantive written comments on the proposal prior to rendering of the decision.
2. For Level II applications and Level I applications nonexempt from SEPA review, notice shall be as provided in subsection (A)(1) of this section and shall also include:
a. Posting on the city’s internet website.
b. Individual notice to the record owner(s) of property which is adjacent to the proposal site, as shown by the records of the Snohomish County assessor’s office.
3. For Level III and Level IV applications, notice shall be as provided in subsection (A)(1) of this section and shall also include:
a. Posting on the city’s internet website.
b. The record owner(s) of property within 300 feet of the proposal site measured from each property line of the proposal site, as shown by the records of the Snohomish County assessor’s office.
c. Snohomish County assessor’s office.
4. A notice of decision shall include the following:
a. The name and a brief description of the project;
b. The identity of the applicant;
c. Date of the decision;
d. Brief description of the decision and any conditions;
e. The appeal rights that apply to the decision and the final date to file an appeal. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))