Chapter 19.05 ADMINISTRATIVE PROCEDURES

Chapter 19.05
ADMINISTRATIVE PROCEDURES

Sections:

19.05.010 Purpose.

19.05.020 Types of project permit applications.

19.05.030 Type II through IV project permit applications.

19.05.035 Application vesting, extensions, modifications.

19.05.037 Mitigation.

19.05.040 Public notice.

19.05.050 Consistency between development regulations and SEPA.

19.05.060 Open record public hearings.

19.05.070 Closed record decisions and appeals.

19.05.010 Purpose.

This chapter, relating to land use permitting and zoning, adopts new administrative procedures for the processing of project permit applications, as required by the Regulatory Reform Act, Chapter 36.70B RCW; combines the environmental review process, both procedural and substantive, with the procedures for review of project permits, and except for the appeal of a determination of significance provides for no more than one open record hearing and one closed record appeal; and establishes a process for the conduct of open record hearings and closed record decisions and appeals. (Ord. 786 § 3 (Exh. C), 2017).

19.05.020 Types of project permit applications.

A. Conflicts. In the event provisions related to open record hearings, closed record appeals and judicial appeals found in any other ordinance of the city of Tonasket conflict with any provisions of this chapter, the provisions of this chapter shall supersede and control unless otherwise specified by Washington State statute. Such ordinances may include, but are not limited to, TMC Titles 5, 15, 16, 17 and 18. For the purpose of project permit processing and as shown by Table 1 – Permit Procedure Types I – V, all development permit applications shall be classified as one of the following: Type I, Type II, Type III, or Type IV. Legislative decisions are Type V actions and are addressed in subsection (C) of this section. Exclusions from the requirements of project permit application processing are contained in subsection (E) of this section.

Table 1 – Permit Procedure Types I – V
Permit Type (all permits subject to critical areas review)	Review and Decisions						Processing Activities and Timelines TMC 19.05.030			Public Notices – Requirements and Timelines (once an application is deemed complete) TMC 19.05.040			Decisions and Appeals
Permit Type (all permits subject to critical areas review)	Recommendation By	Open Record Public Hearing (TMC 19.05.060)	Preapplication Conference – within 15 days of request (TMC 19.05.030(A))	SEPA Required	Final Decision Made By	Appeal Body	Determination of Completeness14 (TMC 19.05.030(G)(3))	Comment Period (from date of publishing public notice – must begin within 10 days of accepting complete application)	Staff Report (prepared by administrator) (TMC 19.05.060(B)(3))	Notice of Application (published in paper, included in review packets and mailed to adjoining landowners)	Property Posted (notice of application)	Notice of Hearing and Timeline (date set and included in notice of application and separate notice of hearing published in paper)	Notice of Action (published in paper and mailed to parties of record. Includes appeal information) (TMC 19.05.060(J))	Appeal Period – from date of notice of decision/action
TYPE I – Administrative approval, planning commission review/comment, no city council involvement unless appeal is filed. Process and procedures for Type I permits contained in specific code.
Boundary line adjustments (TMC 16.04.080), parcel consolidations (TMC 16.04.084), large lot segregations (TMC 16.04.088), public purpose segregations (TMC 16.04.089), and qualified exemptions from subdivision (TMC 16.04.074)1	N/A	No2	No	No	Administrator	City council open record12	N/A	14 days16	No	No	No	No24	No	10 days31
Business licenses (Chapter 5.12 TMC)1	N/A	No2	No	No	City administrator	City council open record12	N/A	14 days16	No	No	No	No24	No	10 days31
Building permits (Chapter 15.04 TMC)1	N/A	No2	No	6	Building official	Board of appeals (open record)	N/A	14 days16	No	No	No	No24	No	10 days31
Shoreline statement of exemption (Chapter 18.06 TMC)1	N/A	No2	No	6	Administrator	City council (open record)	10 working days	14 days16	Written findings18	No	No	No24	No	10 days31
Floodplain development permits and variances (Chapter 15.16 TMC)	N/A	No2	No	Yes	Administrator	City council open record12	10 working days	21 days16	Written findings18	No	No	No24	No	10 days31
SEPA (checklist is only required for nonexempt projects/actions, environmental review runs concurrently with overriding permit) (Chapter 18.04 TMC)	N/A	No3	N/A	N/A	Administrator	City council open record12	10 working days15	21 days16	19	Yes21	No22	No24	SEPA threshold determination28	21 days32
Shoreline substantial development permit (Chapter 18.06 TMC)	N/A	No4	No	Yes	Administrator7	13	28 days	30 days16	Written findings18	Yes21	Yes23	Yes25	Yes29	21 days32
TYPE II – Administrator to planning commission (as required); no council involvement unless appeal is filed.
Short plat – approvals, amendments and alterations (Chapter 16.12 TMC)	N/A	No5	Yes	No	Administrator8	City council open record12	10 working days	21 days16	Written findings18	Yes21	Yes23	No26	Yes29	21 days32
Subdivision ordinance deviations and variances (Chapters 16.36 and 16.40 TMC)	Administrator	Planning commission	Yes	Yes	Planning commission	City council open record12	10 working days	21 days16	Written findings18	Yes21	Yes23	Yes27	Yes29	14 days34
TYPE III – Administrator to either hearings examiner or council; no planning commission involvement.
Conditional use permits, variances and nonconforming use variances (Chapters 17.100 and 17.105 TMC)	Administrator	City council	No	Yes	City council	City council closed record12	10 working days	21 days16	Yes20	Yes21	Yes23	Yes27	Yes29	14 days34
Final approval of long plat, binding site plan, or planned development (Chapters 16.24, 17.110 and 16.46 TMC)	Administrator	City council	No	No	City council9	Superior court (LUPA)	10 working days	21 days16	Yes20	Yes21	No	Yes27	Yes29	14 days34
Shoreline variances and conditional use permits (Chapter 18.06 TMC)	Administrator	City council	No	Yes	City council10	Appeals to State Shorelines Hearings Board	28 days	30 days16	Yes20	Yes21	Yes23	Yes27	Yes29	21 days33
TYPE IV – Recommendation by planning commission; final decision by city council.
Preliminary approval of long plats, planned developments and binding site plans; plat, PD or BSP vacations, alterations or amendments; and rezones (specific properties, not area wide or legislative action) (Chapters 16.24, 16.46 and 17.29 and TMC)	Planning commission	Planning commission	Yes	Yes	City council closed record11	Superior court (LUPA)	10 working days	21 days16	Yes20	Yes21	Yes23	No27	Yes29	14 days34
TYPE V – Legislative actions.
See TMC 19.05.020(C)	Planning commission	Planning commission and city council	N/A	Yes	City council closed record	Superior court (LUPA)	N/A	21 days17	Yes20	No	No	Yes27	Yes30	14 days34

1 Internal review except where other local, tribal, state or federal agency has jurisdiction or private/public utilities (e.g., irrigation, electricity, telecommunications) serve or adjoin the property. BLAs and other Type I permits that affect parcel lines should be sent to the county assessor’s office for review and comment prior to approval.

2 Unless decision to approve or deny is appealed then procedures in TMC 19.05.070 are followed.

3 Unless DNS, MDNS or EIS is appealed then procedures in TMC 19.05.070 are followed.

4 Only if the administrator or council determines that the development is one of special significance (see SMP).

5 Except if a variance or deviation from design standards and improvement requirements are requested at time of application, follow Type II process. Appeals of decisions to approve or deny short plats are subject to TMC 19.05.070.

6 A SEPA checklist is required depending on the scope and scale of development. Categorical exemptions from SEPA are listed in WAC 197-11-800.

7 Unless administrator or council determines a public hearing is needed, then hearing is held by city council.

8 Administrator shall provide a written decision to approve or deny short plat within 30 days of accepting application as complete.

9 Written decision shall be made within 30 days of application for final approval. Council may send back to planning commission if final plat, BSP or PD is significantly changed, in which case final plat, PD or BSP approval becomes a Type IV permit.

10 Local decision by council forwarded to Ecology for final decision.

11 Decision shall be made within 90 days of acceptance of complete application.

12 Appeals of city council decisions may be appealed to superior court (Chapter 36.70C RCW).

13 Appeals of administrative decisions go to city council. Appeals of city council decisions go to State Shorelines Hearings Board.

14 The days given represent the maximum time from application submittal to letter of complete or incomplete application; application is not considered vested until notice of complete application signed. Unless otherwise noted all days are calendar days.

15 Time for review may be extended to coincide with the timeline for the permit action that requires SEPA review.

16 From the date of notice of complete application as required in Table 1.

17 From the date of publishing the notice of public hearing.

18 Written conditions if any and findings must be part of permit action.

19 DNS, MDNS or DS (threshold determination can be made without comment period or allow for a 14-day comment period prior to determination), TMC 19.05.050.

20 Staff report with recommendation, conditions (if any) and findings shall be available seven calendar days prior to required public hearing.

21 Must be published in city’s official newspaper (as designated under RCW 35.21.875) and/or sent to commenting agencies, parties of record and adjoining landowners within 14 calendar days of accepting application as complete.

22 Unless required by overriding permit application.

23 Notice must be posted at least 10 and not more than 30 days prior to the date of hearing, or at least 15 days prior to the end of any required comment period in compliance with TMC 19.05.040.

24 Except if decision appealed.

25 Only required if administrator or city council determine hearing is necessary. If a hearing is desired, notice shall be published once no less than 10 days or more than 30 calendar days prior to the hearing.

26 Except if decision appealed or variance or deviation from standards requested at time of application.

27 Notice must be published once no less 10 days nor more than 30 calendar days prior to public hearing.

28 Published in the city’s official newspaper, included in notice of application or placed in file with no notice – depending on scope and location of project.

29 Within 10 calendar days of written decision.

30 Within 14 calendar days of written decision.

31 Calendar days from date of written decision.

32 Days from written decision or as provided in Chapter 36.70C RCW.

33 From date of administrator’s notice of decision for appeals to city council, 21 calendar days from the date of city council action for appeals to the Shorelines Hearings Board.

34 From date of the written/published notice of action/decision.

B. Determination of Proper Procedure Type.

1. Determination by Permit Administrator (as Defined in Chapter 16.08 TMC). Using Table 1 – Permit Procedure Types I – IV, the permit administrator (“administrator”) or his/her designee shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the administrator shall resolve it in favor of the higher procedure type number.

2. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may request that the application be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower number procedure.

3. Decisionmaker(s). Applications processed in accordance with subsection (C)(2) 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). The city council is the highest followed by the hearings examiner, planning commission, as applicable, and then by the administrator. Joint public hearings with other agencies shall be processed according to TMC 19.05.060(H).

4. Where other approvals or permits are required for a use or development that does not require an open record hearing, such approvals or permits shall not be granted until a critical area or shoreline approval or permit is granted. All critical area and shoreline approvals and permits shall include written findings prepared by the administrator documenting compliance with bulk and dimensional standards and other policies and regulations of Chapters 17.70 and 18.06 TMC.

5. Where other approvals or permits are required for a use or development that does not require an open record hearing, such approvals or permits shall not be granted until a shoreline approval or permit is granted. All shoreline approvals and permits shall include written findings prepared by the administrator documenting compliance with bulk and dimensional standards and other policies and regulations contain in Chapters 17.70 and 18.06 TMC.

C. Legislative Decisions Type V actions.

1. Decisions. The following decisions are legislative and are not subject to the procedures in this section, unless otherwise specified:

a. Adoption or amendment of comprehensive plan;

b. Adoption of development regulations and amendments thereto;

c. Areawide rezones to implement new city policies;

d. Adoption of shoreline master program, and amendments thereto;

e. Annexations.

2. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions listed in subsection (C)(1) of this section. The public hearing shall be held in accordance with the requirements of TMC 19.05.060.

3. City Council. The city council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of TMC 19.05.060.

4. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in TMC 19.05.040(C).

5. Implementation. The city council’s decision shall become effective by passage and subsequent publication of an ordinance.

D. Legislative Enactments Not Restricted. Nothing in this section or the 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.

E. Exemptions from Project Permit Application Processing.

1. Whenever a permit or approval has been designated as a Type I, II, III or IV permit by the administrator, the procedures in this chapter shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this chapter:

a. Street vacations;

b. Street access/use permits;

c. Those listed in TMC 18.06.050 (critical areas exemptions) and 18.06.060 (reasonable use exceptions);

d. Those listed in TMC 18.06.050 (shoreline exemptions);

2. Pursuant to RCW 36.70B.140(2), building permits, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under Chapter 43.21C RCW, the State Environmental Policy Act; and Chapter 18.04 TMC, State Environmental Policy Act Guidelines, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

a. Determination of completeness – TMC 19.05.030(G)(3);

b. Except as provided in RCW 36.70B.140, Optional consolidated project permit review processing – subsection (B)(2) of this section;

c. Joint public hearings – TMC 19.05.060(H);

d. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing –TMC 19.05.060(B)(3);

e. Notice of decision –TMC 19.05.060(I);

f. Completion of project review within any applicable time periods (including the 120-day permit processing time) – TMC 19.05.060(J). (Ord. 786 § 3 (Exh. C), 2017).

19.05.030 Type II through IV project permit applications.

A. Preapplication Conference.

1. Applications for Type II, III, IV actions noted as requiring a preapplication conference in Table 1 shall not be accepted by the administrator unless the applicant has scheduled and attended a preapplication conference. The purpose of the preapplication conference is to acquaint the applicant with the requirements of the city of Tonasket development regulations.

2. The conference shall be held within 15 days of the written request.

3. At the conference or within five working days following the conference, the applicant may request the following be provided:

a. A letter which lists the requirements for a completed application;

b. A general summary of the procedures to be used to process the application;

c. The references to the relevant code provisions or development standards which may apply to the approval of the applications.

4. Information presented at or required as a result of the preapplication conference shall be valid for a period of 180 days following the preapplication conference. An applicant wishing to submit a permit application more than 180 days following a preapplication for the same permit application may be required to schedule another preapplication conference at the discretion of the administrator. If changes in physical or biological conditions or regulatory environment changes have been implemented, another preapplication meeting should be requested by the administrator.

5. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the form sent by the city to the applicant under subsection (A)(3) of this section shall not bind or prohibit the city’s future application or enforcement of all applicable laws.

6. At or subsequent to a preapplication conference, the jurisdiction may issue a preliminary determination that a proposed development is not permissible under applicable policies or regulatory enactments. In that event, the applicant shall have the option to appeal the preliminary determination to the appropriate hearing body as provided for in the administrative procedures code for the city.

B. Project Permit Application. Applications for project permits shall be submitted upon forms provided by the administrator. An application shall consist of all materials required by the applicable development regulations and shall include the following general information:

1. A completed project land use application form;

2. A verified and notarized statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the consent of all owners of the affected property;

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

4. Other information as required by applicable development regulations. For example, for a preliminary long plat, binding site plan and planned development, TMC Titles 16, 17 and 18 require general information as well as a description of: existing conditions, the proposed development, proposed restrictive covenants; a title certificate, SEPA environmental checklist, and names and addresses of all land owners within 300 feet of the property;

5. A certified land survey of the property if requested by the administrator;

6. The applicable fee;

7. Evidence of adequate water supply as required by RCW 19.27.097; and

8. Evidence of sewer availability.

C. Shoreline Permits. A complete application for a shoreline exemption, substantial development, conditional use, or variance permit shall contain, at a minimum, the following information; provided, that the administrator may vary or waive these requirements on a case-by-case basis. The administrator may require additional specific information depending on the nature of the proposal and the presence of sensitive ecological features or issues related to compliance with other city requirements.

1. Applicant/Proponent Information.

a. The name, address and phone number of the applicant/proponent, applicant’s representative, and/or property owner if different from the applicant/proponent.

b. The applicant/proponent should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent.

2. Property Information.

a. The property’s physical address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location.

b. Identification of the name of the shoreline (water body) that the site of the proposal is associated with.

c. A general description of the property as now exists including its size, dimensions, land use, vegetation, landforms, other physical and ecological characteristics, existing improvements and existing structures.

d. A general description of the vicinity of the proposed project including identification of the surrounding land uses, structures and improvements, intensity of development and physical characteristics.

e. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, water and sewer, existing developments and uses on adjacent properties.

3. Site Plans. Site plan(s) identifying existing conditions and proposed developments consisting of photographs, text, maps and elevation drawings, drawn to an appropriate scale to clearly depict all relevant information that may include the following: The administrator may require more specific detailed information prepared by a qualified professional, if additional information is required to confirm or add detail to the application.

a. Parcel Boundary and Dimensions. The boundary of the parcel(s) of land upon which the development is proposed. A survey may be required where substantial questions exist regarding the location of property lines or other important features.

b. OHWM. The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. For any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark (e.g., structure setback), the mark shall be located precisely on the ground and the biological and hydrological basis for the location as indicated on the plans shall be noted in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline.

c. Topography. Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. The use of cross-sectional drawing and three-dimensional drawings or imagery may also be used to provide elevation information.

d. Vegetation. A general representation of the width, location, and character of vegetation found on the site.

e. Structures. The dimensions and locations of all existing and proposed structures and improvements, including but not limited to buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and storm water management facilities.

f. Landscaping Plans. Where applicable, a landscaping plan for the project.

4. Plan Review. A plan review shall be conducted to determine if the application is complete. Plan review shall determine if adequate information is provided in or with the application in order to begin processing the application and that all required information and materials have been supplied in sufficient detail to begin the application review process. All information and materials required by the application form must be submitted. All studies supporting the application or information that addresses anticipated impacts of the proposed development must be submitted. A notice of completion or incompletion shall be prepared and submitted to applicant within 28 days of receipt of materials.

The purpose of the plan review is to ensure adequate information is contained in the application materials to demonstrate consistency with this program, applicable comprehensive plans, development regulations and other applicable regulations. City staff will coordinate the involvement of agencies responsible for the review of the proposed development.

D. Critical Areas. All land use and development applications are required to disclose the location of all critical areas, including shoreline buffers, within 100 feet of the proposed activity, development or proposed use. The provisions of Chapter 18.06 TMC shall be applied to any such proposals. Existing designated critical areas and areas within shoreline jurisdiction (see Maps III-3 through III-8 in the city of Tonasket comprehensive plan map appendix and adopted shoreline designations map) together with any supporting information consistent with the requirements found below.

1. Preapplication Meeting/Site Visit. Upon receiving a land use or development proposal, the administrator shall schedule a preapplication meeting and/or site visit with the proponent for purposes of a preliminary determination whether the proposal is likely to result in impacts to the functions and values of critical areas or pose health and safety hazards. At this meeting, the administrator shall discuss the requirements of this chapter and other applicable regulations; provide critical areas maps and other available reference materials; outline the review and permitting processes; and work with the proponent to identify any potential concerns with regard to critical areas.

2. Application and SEPA Checklist. For all nonexempt proposals, the proponent shall submit all relevant land use/development/shoreline applications, together with a SEPA checklist. The administrator may waive the requirement for a SEPA checklist if the proposal is exempt under SEPA regulations and is unlikely to yield information useful in the review process.

3. Determination of Need for Critical Areas Report. Based upon the preapplication meeting, application materials, and the SEPA checklist (unless waived), the administrator shall determine if there is cause to require a critical areas report. In addition, the administrator may use critical areas maps and reference materials, information and scientific opinions from appropriate agencies, or any reasonable evidence regarding the existence of critical area(s) on or adjacent to the site of the proposed activity.

4. Documentation and Notification. The administrator shall document the preapplication meeting and/or site visit, application and SEPA threshold determination, and any other steps or findings that inform the determination whether a critical areas report shall be required. The applicant shall receive notice of the determination and any findings that support it.

E. Critical Areas Report. If the administrator determines that the site of a proposed development potentially includes, or is adjacent to, critical area(s) other than wetlands, a critical areas report shall be required if impacts are anticipated to occur, including intrusions into required buffer and setback areas. If the critical area is a wetland, a wetland critical areas report is required (see subsection (F) of this section). When required, the expense of preparing the critical areas report shall be borne by the applicant.

1. The requirement for critical areas reports may be waived by the administrator if there is substantial evidence that:

a. There will be no alteration of the critical area(s) and/or the required buffer(s);

b. The proposal will not impact the critical area(s) in a manner contrary to the purpose, intent and requirements of Chapter 18.06 TMC, Critical Areas, and the comprehensive plan;

c. The minimum standards for protection of the specific critical area as provided in Chapter 18.06 TMC, Critical Areas, will be met; and

d. The proposal is exempt from the provisions of this chapter as set forth in TMC 19.05.020(E).

2. Critical area reports shall be completed by a qualified professional who is knowledgeable about the specific critical area(s) in question.

3. At a minimum, a required critical areas report shall contain the following information:

a. Applicant’s name and contact information; permits being sought, and description of the proposal;

b. A copy of the site plan for the development proposal, drawn to scale no smaller than one inch equals 200 feet and showing:

i. Existing features on the site, such as topography, vegetation, etc.;

ii. Identified critical areas, buffers, and the development proposal with dimensions;

iii. Limits of any areas to be cleared; and

iv. A description of the proposed storm water management plan for the development and consideration of impacts to drainage alterations;

c. The names and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site;

d. Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area;

e. An assessment of the probable cumulative impacts to critical areas resulting from the proposed development of the site;

f. An analysis of site development alternatives;

g. A description of the application of mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas;

h. A mitigation plan (TMC 19.05.035), as needed, in accordance with the mitigation requirements of this chapter, including, but not limited to:

i. The impacts of any proposed development within or adjacent to a critical area or buffer on the critical area; and

ii. The impacts of any proposed alteration of a critical area or buffer on the development proposal, other properties and the environment;

i. A discussion of the performance standards applicable to the critical area and proposed activity;

j. Financial guarantees to ensure compliance;

k. Any additional information required for specific critical areas as listed in subsequent sections of this chapter; and

l. The administrator may request any other information reasonably deemed necessary to understand impacts to critical areas.

F. Critical Area Report for Wetlands.

1. If the administrator determines that the site of a proposed development includes, is likely to include, or is adjacent to a wetland, a wetland report, prepared by a qualified professional, shall be required. The expense of preparing the wetland report shall be borne by the applicant.

2. Minimum Standards for Wetland Reports. The written report and the accompanying plan sheets shall contain the following information, at a minimum:

a. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the wetland critical area report; a description of the proposal; identification of all the local, state, and/or federal wetland-related permit(s) required for the project; and a vicinity map for the project.

b. A statement specifying the accuracy of the report and all assumptions made and relied upon.

c. Documentation of any fieldwork performed on the site, including field data sheets for delineations, function assessments, baseline hydrologic data, etc.

d. A description of the methodologies used to conduct the wetland delineations, function assessments, or impact analyses including references.

e. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, floodplains, and buffers on or adjacent to the proposed project area. For areas off site of the project site, estimate conditions within 300 feet of the project boundaries using the best available information.

f. For each wetland identified on site and within 300 feet of the project site provide: the wetland rating per wetland ratings (see critical area section of the land use element of city of Tonasket comprehensive plan for adopted rating criteria); required buffers; hydrogeomorphic classification; wetland acreage based on a professional survey from the field delineation (acreages for on-site portion and entire wetland area including off-site portions); Cowardin classification of vegetation communities; habitat elements; soil conditions based on site assessment and/or soil survey information; and to the extent possible, hydrologic information such as location and condition of inlet/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris, etc.). Provide acreage estimates, classifications, and ratings based on entire wetland complexes, not only the portion present on the proposed project site.

g. A description of the proposed actions including an estimation of acreages of impacts to wetlands and buffers based on the field delineation and survey and an analysis of site development alternatives including a no-development alternative.

h. An assessment of the probable cumulative impacts to the wetlands and buffers resulting from the proposed development.

i. A description of reasonable efforts made to apply mitigation sequencing pursuant to Mitigation Sequencing (TMC 19.05.035(B)) to avoid, minimize, and mitigate impacts to wetlands.

j. A discussion of measures, including avoidance, minimization, and compensation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land-use activity.

k. A conservation strategy for habitat and native vegetation that addresses methods to protect and enhance on-site habitat and wetland functions.

l. An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets.

m. Maps (to scale) depicting delineated and surveyed wetland and required buffers on site, including buffers for off-site critical areas that extend onto the project site; the development proposal; other critical areas; grading and clearing limits; areas of proposed impacts to wetlands and/or buffers (include square footage estimates);

n. A depiction of the proposed storm water management facilities and outlets (to scale) for the development, including estimated areas of intrusion into the buffers of any critical areas. The written report shall contain a discussion of the potential impacts to the wetland(s) associated with anticipated hydroperiod alterations from the project.

G. Submission and Acceptance of Application.

1. A plan review shall be conducted to determine if an application is complete. Plan review shall determine if adequate information is provided in or with the application in order to begin processing the application and that all required information and materials have been supplied in sufficient detail to begin the application review process. All information and materials required by the application form and development regulation must be submitted. All studies supporting the application or information that addresses anticipated impacts of the proposed development must be submitted. A notice of completion or incompletion shall be prepared and submitted to applicant within 28 days of receipt of materials.

2. The purpose of the plan review is to ensure adequate information is contained in the application materials to demonstrate consistency with the requirements of Chapter 18.06 TMC, applicable comprehensive plans, other development and applicable regulations. City staff will coordinate the involvement of agencies responsible for the review of the proposed development.

3. Determination of Completeness. Within the number of days specified in Table 1 after receiving a project permit application, the city shall mail or personally provide a written determination to the applicant which states either:

a. That the application is complete; or

b. That the application is incomplete and what is necessary to make the application complete.

4. 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 (G)(3) of this section.

5. “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in this subsection (G) as well as all other 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.

6. Incomplete Application Procedure.

a. If the applicant receives a determination from the city that an application is not complete, the applicant shall have 90 days to submit the necessary information to the city. Within 14 days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection (G)(3) of this section, and notify the applicant in the same manner.

b. If the applicant either refuses in writing to submit additional information or does not submit the required information within the 90-day period, the application shall lapse.

c. In those situations where the application has lapsed because the applicant has failed to submit the required information within the necessary time period, the applicant may request a refund of the application fee. Such refunds, if approved, shall be limited to the amount specified in the city’s adopted fee schedule.

7. City’s Failure to Provide Determination of Completeness. A project permit 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 (G)(3) of this section.

8. Date of Acceptance of Application. When the project permit application is complete, the administrator shall accept it and note the date of acceptance. The date of acceptance as complete is the vesting date.

H. Referral and Review of Project Permit Applications. Within 10 days of accepting a complete application, the administrator shall do the following:

1. 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 from 14 to 30 days to comment, depending on the specific permit being sought. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The administrator shall grant an extension of time for comment only if the application involves unusual circumstances such as the completion of environmental review, revisions to the proposal made by the applicant, and availability of new or revised information related to the proposal. Any extension shall only be for a maximum of seven additional days.

2. If a Type II, III or IV procedure is required, notice and hearing shall be provided as set forth in TMC 19.05.040 and 19.05.060. (Ord. 786 § 3 (Exh. C), 2017).

19.05.035 Application vesting, extensions, modifications.

A. An application shall become vested on the date a determination of completeness is made and all fees have been paid. Thereafter the application shall be reviewed under the codes, regulations and other laws in effect on the date of vesting; provided, in the event an applicant substantially changes his/her proposed development after a determination of completeness, as determined by the administrator, the application shall not be considered vested until a new determination of completeness on the changes is made. An application shall only be considered vested for a period of 180 days unless such application has been pursued in good faith or a permit has been issued; except the administrator is authorized to grant one or more extensions for additional time periods not exceeding 180 days each. The extension shall be requested in writing and a justifiable cause demonstrated.

B. Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of the permit or approval of a conditional use permit or variance. However, the city may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record. In the case of a shoreline permit, conditional use or variance, notice shall also be provided to the Department of Ecology.

C. Authorization to conduct development activities shall terminate five years after the effective date of a permit or any development authorized pursuant to a variance or conditional use permit. However, the city may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the department.

D. The effective date of a permit or any development authorized pursuant to a variance or conditional use permit authorized by the city shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in subsections (B) and (C) of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals.

E. Revisions to permits, including under WAC 173-27-100, may be authorized after original permit authorization has expired; provided, that this procedure shall not be used to extend the original permit time requirements or to authorize development after the time limits of the original permit.

F. The city of Tonasket shall notify the Department of Ecology in writing of any change to the effective date of a shoreline permit, conditional use or variance authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as amended shall require a new permit application. (Ord. 786 § 3 (Exh. C), 2017).

19.05.037 Mitigation.

Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements as follows.

A. Mitigation Requirements. The applicant shall avoid all impacts that degrade the functions and values of shoreline and critical areas. If alteration is unavoidable, all adverse impacts to shoreline and critical areas and buffers resulting from the proposal shall be mitigated in accordance with an approved critical areas report and SEPA documents. Mitigation shall be on site, when possible, and sufficient to maintain the functions and values of the shoreline and/or critical area, and to prevent risk from a hazard posed by a critical area.

B. Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to shoreline and/or critical areas. Proposed individual uses and developments shall analyze environmental impacts of the proposal and include measures to mitigate environmental impacts. When shorelines and/or critical areas are identified, alteration to these areas shall be avoided, minimized, or compensated for in the following order of preference:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project;

4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;

5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;

6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and

7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.

C. In determining appropriate mitigation measures applicable to development within shorelines and/or critical areas, lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable.

D. Application of mitigation sequencing shall achieve no net loss of ecological functions for each new development and shall not result in required mitigation in excess of that necessary to assure that development will result in no net loss of shoreline and/or critical areas ecological functions and not have a significant adverse impact on other shoreline and/or critical area functions fostered by the policies of the acts.

E. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation within the watershed that addresses limiting factors or identified needs for shoreline and/or critical area resource conservation based on watershed or comprehensive resource management plans applicable to the area of impact may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms or conditions as necessary to ensure no net loss of ecological functions.

F. Mitigation Plan. When mitigation is required, the applicant shall submit for approval a mitigation plan as part of the critical area report. The mitigation plan shall include:

1. A written report identifying mitigation objectives, including:

a. A description of the anticipated impacts to the critical areas and the mitigating actions proposed, including addressing mitigation sequencing, and the purposes of the compensation measures, including the site selection criteria; identification of compensation objectives; identification of critical area functions and values; and dates for beginning and completion of site compensation construction activities;

b. A review of the best available science supporting the proposed mitigation and a description of the report authors experience to date in critical areas mitigation; and

c. An analysis of the likelihood of success of the compensation project.

2. Measurable criteria for evaluating whether or not the objectives of the mitigation plan have been successfully attained and whether or not the requirements of this chapter have been met.

3. Written specifications and descriptions of the mitigation proposed, including, but not limited to:

a. The proposed construction sequence, timing, and duration;

b. Grading and excavation details;

c. Erosion and sediment control features;

d. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

e. Measures to protect and maintain plants until established.

4. A program for monitoring construction of the compensation project, and for assessing the completed project and its effectiveness over time. The program shall include a schedule for site monitoring and methods to be used in evaluating whether performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.

5. Identify potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

6. The following performance standards shall apply to compensatory mitigation projects:

a. Mitigation planting survival will be 100 percent for the first year, and 80 percent for each of the four years following.

b. Mitigation must be installed no later than the next growing season after completion of site improvements, unless otherwise approved by the administrator.

c. Where necessary, a permanent means of irrigation shall be installed for the mitigation plantings that are designed by a landscape architect or equivalent professional, as approved by the administrator. The design shall meet the specific needs of riparian and shrub steppe vegetation.

d. Monitoring reports by the biologist must include verification that the planting areas have less than 20 percent total nonnative/invasive plant cover consisting of exotic and/or invasive species. Exotic and invasive species may include any species on the state noxious weed list, or considered a noxious or problem weed by the Natural Conservation Services Department or local conservation districts.

e. On-site monitoring and monitoring reports shall be submitted to the city one year after mitigation installation; three years time involved in monitoring and monitoring reports may be increased by the administrator for a development project on a case-by-case basis when longer monitoring time is necessary to establish or reestablish functions and values of the mitigation site. Monitoring reports shall be submitted by a qualified professional biologist. The biologist must verify that the conditions of approval and provisions in the fish and wildlife management and mitigation plan have been satisfied.

f. Mitigation sites shall be maintained to ensure that the mitigation and management plan objectives are successful. Maintenance shall include corrective actions to rectify problems, include rigorous, as-needed elimination of undesirable plants; protection of shrubs and small trees from competition by grasses and herbaceous plants, and repair and replacement of any dead plants.

g. Prior to site development and or building permit issuance, a performance surety agreement in conformance with TMC 16.28.190 must be entered into by the property owner and the city. The surety agreement must include the complete costs for the mitigation and monitoring which may include but not be limited to: the cost of installation, delivery, plant material, soil amendments, permanent irrigation, seed mix, and three monitoring visits and reports by a qualified professional biologist, including Washington State sales tax. The administrator must approve the quote for said improvements.

h. Sequential release of funds associated with the surety agreement shall be reviewed for conformance with the conditions of approval and the mitigation and management plan. Release of funds may occur in increments of one-third for substantial conformance with the plan and conditions of approval. Verification of conformance with the provisions of the mitigation and management plan and conditions of approval after one year of mitigation installation shall also allow for the full release of funds associated with irrigation systems, clearing and grubbing and any soil amendments. If the standards that are not met are only minimally out of compliance and contingency actions are actively being pursued by the property owner to bring the project into compliance, the city may choose to consider a partial release of the scheduled increment. Noncompliance can result in one or more of the following actions: carryover of the surety amount to the next review period; use of funds to remedy the nonconformance; scheduling a hearing with the city’s hearing examiner to review conformance with the conditions of approval and to determine what actions may be appropriate.

G. Mitigation Ratios. Mitigation ratios shall be used when impacts to riparian and upland habitat conservation areas, are unavoidable. Compensatory mitigation shall restore, create, rehabilitate or enhance equivalent or greater ecological functions. Mitigation shall be located on site unless the biologist can demonstrate, and the city approves, that on-site mitigation will result in a net loss of ecological functions. If off-site mitigation measures are determined to be appropriate, off-site mitigation shall be located within Okanogan County in the same watershed as the development.

The on-site mitigation ratio (mitigation amount:disturbed area), shall be at a minimum ratio of 1:1 for development within aquatic habitat and terrestrial buffers. A ratio of 2:1 shall apply to native vegetation removal within these areas. Mitigation for diverse, high quality habitat or off-site mitigation may require a higher level of mitigation. Mitigation and management plans shall evaluate the need for a higher mitigation ratio on a site-by-site basis, dependent upon the ecological functions and values provided by the habitat. Recommendations by resource agencies in evaluating appropriate mitigation shall be encouraged. (Ord. 786 § 3 (Exh. C), 2017).

19.05.040 Public notice.

A. Required Public Notice of Application for Type II, III and IV Project Permits.

1. Within the number of days specified in Table 1, after issuing a determination of completeness, the administrator shall issue a notice of application. The notice shall include, but not be limited to, the following:

a. A description of the proposed project action, a list of permits required for the application, and if applicable, a list of any studies requested;

b. The identification of other required permits not included in the application, to the extent known by the administrator;

c. The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed;

d. A statement of the public comment period (see Table 1) following the date of the notice of application, and a statement of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made, and a statement of any appeal rights;

e. The date, time, location and type of hearing, if applicable and scheduled at the date of the notice of application;

f. Any other information determined by the administrator to be appropriate.

2. The city shall provide public notice for all Type III and IV project permit applications 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 placards as follows:

i. A single notice placard 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; and

(B) Where it is completely visible to pedestrians.

ii. Additional notice placards may be required when:

(A) The site does not abut a public road;

(B) A large site abuts more than one public road; or

iii. Notice placards shall be placed on a standard notice board (minimum dimension of 11 by 17 inches) provided by the city. The placards to be placed on said notice boards shall be:

(A) Worded, constructed and installed in accordance with specifications provided by the administrator;

(B) Maintained in good condition by the applicant during the notice period;

(C) In place at least 10 and not more than 30 days prior to the date of hearing, or at least 15 days prior to the end of any required comment period; and

(D) Removed within 15 days after the end of the notice period.

iv. Removal of the notice placard prior to the end of the notice period may be cause for discontinuance of the administrator’s review until the notice placard is replaced and remains in place for the specified time period.

v. A notarized affidavit of posting shall be submitted to the administrator 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.

b. Required 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 and be published in the city’s official newspaper.

B. Optional Public Notice. 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 notice in appropriate regional or neighborhood newspapers, newsletters, or trade journals;

4. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists for specific proposals or subject areas; and

5. Mail to neighboring property owners.

The city’s failure to provide the optional notice as described in this subsection shall not be grounds for invalidation of any permit decision.

C. Notice of Public Hearing.

1. Content of Notice of Public Hearing for All Type II, III, IV and V Applications. The notice given of a public hearing required in this section shall contain:

a. The name and address of the applicant or the applicant’s representative;

b. Description of the affected property, which may be in the form of either vicinity location or written description, other than a legal description;

c. The date, time and place of the hearing;

d. A description of the subject property reasonably sufficient to inform the public of its location, including, but not limited to, the use of map or postal address and a subdivision lot and block designation;

e. The nature of the proposed use or development;

f. A statement that all interested persons may appear and provide testimony and a description of how a person may achieve standing as a party of record;

g. The sections of the code pertinent to the hearing procedure;

h. When information may be examined, and when and how written comments to the hearing body may be admitted;

i. The name of a local government representative to contact and the telephone number where additional information may be obtained;

j. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection; and

k. That a copy of the staff report will be available for inspection and purchase at least seven days prior to the hearing.

2. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:

a. Type I Project Permits. Generally, no public notice is required because no public hearing is held. Exceptions include, but are not limited to, local appeals of all Type I project permits and permits processed under the city’s shoreline master program.

b. Type II, III and IV Project Permits. The notice of public hearing shall be mailed to:

i. The applicant;

ii. All owners of property within 300 feet of the subject property; and

iii. Any persons or organizations with a known interest in the proposal or who have requested such notice.

c. Type V Actions. For Type V legislative actions, the city shall publish notice as described in subsections (C)(1) and (3) of this section, and provide any other notice required by Chapter 35.13 RCW.

d. General Procedure for Mailed Notice of Public Hearing.

i. The records of the Okanogan County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this section shall be obtained by the applicant from the applicable county’s real property tax records. The administrator shall issue a sworn certificate of mailing to all persons entitled to notice under this section. The administrator may provide notice to other persons than those required to receive notice under this section.

ii. 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.

3. Procedure for Posted or Published Notice of Public Hearing.

a. Posted notice of the public hearing is required for all Type II (as required in Table 1), III and IV project permit applications. The posted notice shall be posted as required by subsection (A)(2)(a) of this section.

b. Published notice is required for all Type II, III, IV and V procedures. The published notice shall be published in the city’s official newspaper.

4. Time and Cost of Notice of Public Hearing.

a. Notice shall be mailed, posted and first published not less than 10 nor more than 30 days prior to the hearing date. Any posted notice shall be removed by the applicant within 15 days following the public hearing.

b. All costs associated with the public notice (postage, printing and legal advertising) shall be borne by the applicant. (Ord. 786 § 3 (Exh. C), 2017).

19.05.050 Consistency between development regulations and SEPA.

A. Initial SEPA Analysis.

1. The city shall also review project permit applications under the requirements of Chapter 43.21C RCW, the State Environmental Policy Act (SEPA); Chapter 197-11 WAC, the SEPA rules; and Chapter 18.04 TMC, State Environmental Policy Act Guidelines, and shall:

a. Determine whether the applicable regulations require studies that adequately analyze all of the project’s specific probable environmental impacts;

b. Determine if the applicable regulations require measures that adequately address such environmental impacts;

c. Determine whether additional studies are required and/or whether the project permit application shall be conditioned with additional mitigation measures;

d. Provide 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.

2. 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.

3. If the city bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection (A)(1) of this section, the city shall not impose additional mitigation under SEPA during project review.

4. A comprehensive plan, development regulations or other applicable local, state or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when the impacts have been avoided or otherwise mitigated. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction 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. In making this deferral, the city shall base or condition its project approval on compliance with these other existing rules or laws.

5. 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.

6. The city shall also review the application under Chapter 18.04 TMC, State Environmental Policy Act Guidelines.

B. Categorical Exemptions. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA. (Ord. 786 § 3 (Exh. C), 2017).

19.05.060 Open record public hearings.

A. General. Required open record public hearings on all Type I – V project permit applications shall be conducted in accordance with this section.

B. Responsibility of Administrator for Hearing. The administrator shall:

1. Schedule an application for review and public hearing.

2. Give notice.

3. 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.

4. 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 chapter to receive such decision.

C. Conflict of Interest, Ethics, Open Public Meetings, Appearance of Fairness. The hearing body shall be subject to Chapter 42.23 RCW, prohibitions on conflict of interest; and Chapter 42.36 RCW, appearance of fairness, as the same now exist or may hereafter be amended.

D. Ex Parte Communications.

1. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before him or her, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate; except as provided in this section:

a. The hearing body may receive advice from its own legal counsel;

b. The hearing body may communicate with staff members except where the proceeding relates to a code enforcement investigation or prosecution.

2. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in subsection (D)(3) of this section.

3. If the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record:

a. All written communications received;

b. All written responses to the communications;

c. State the substance of all oral communications received, and all responses made;

d. The identity of each person from whom the hearing body member received any ex parte communication.

The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within 10 days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.

E. Disqualification.

1. A member of the hearing body who is disqualified shall be counted for purposes of forming a quorum. Any member who is disqualified may do so only by making full disclosure to the audience, abstaining from voting on the proposal, vacating the seat on the hearing body and physically leaving the hearing.

2. If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be requalified and shall proceed to resolve the issues.

3. 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.

F. Burden and Nature of Proof. Except for Type V actions, the burden of proof is on the proponent. The project permit application must be supported by proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan and that the significant adverse environmental impacts have been adequately addressed.

G. 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:

1. Before receiving information on the issue, the following shall be determined:

a. 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.

b. Any abstentions or disqualifications shall be determined.

2. The presiding officer may take official notice of known information related to the issue, such as:

a. A provision of any ordinance, resolution, rule, officially adopted development standard or state law;

b. Other public records and facts judicially noticeable by law.

3. 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 (G)(2) of this section if stated for the record. Any matter given official notice may be rebutted.

4. 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.

5. 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.

6. 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.

H. Joint Public Hearings.

1. Administrator’s Decision to Hold Joint Hearing. The administrator 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:

a. The hearing is held within the city limits;

b. The requirements of subsection (H)(3) of this section are met.

2. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.

3. 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:

a. The other agency is not expressly prohibited by statute from doing so;

b. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance or rule;

c. 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; and

d. The hearing is held within the geographic boundary of the local government.

I. Findings and Notice of Decision.

1. Following the hearing procedure described in subsection (G) of this section, the hearing body for Type II (as required in Table 1) and Type III permits shall approve, conditionally approve, or deny the application. Following the hearing procedure described in subsection (G) of this section, the hearing body for IV permits shall recommend approval, conditional approval, or denial of the application. If the hearing is an appeal, the hearing body shall affirm, reverse, or remand the decision that is on appeal.

2. The hearing body’s written decision on II (as required in Table 1) and Type III permits shall be issued within 10 days after the hearing on the project permit application. The hearing body’s written recommendation on Type IV permits shall be issued within the number of days specified in Table 1 after the hearing on the project permit application. The notice of final decision shall be issued within 120 days after the city notifies the applicant that the application is complete. The time frames set forth in this section shall apply to project permit applications filed on or after the effective date of the ordinance codified in this chapter.

3. 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 I – V project permits. Said notice of decision must also contain the name and address of the applicant, the location and description of the project and a copy of the permit or approval, if issued.

4. 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.

5. 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.

J. Calculation of Time Periods for Issuance of Notice of Final Decision.

1. In determining the number of days that have elapsed after the city of Tonasket 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:

a. 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 local government determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city;

b. If the city determines that the information submitted by the applicant under subsection (J)(1)(a) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under TMC 19.05.030(C)(4) shall apply as if a new request for studies has been made;

c. Any period during which an environmental impact statement is being prepared following determination of significance pursuant to Chapter 43.21 RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;

d. 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:

i. Ninety days for an open record appeal hearing; and

ii. Sixty days for a closed record appeal.

The parties may agree to extend these time periods;

e. Any extension of time mutually agreed upon by the applicant and the local government when such agreement is put in writing.

2. The time limits established in this chapter do not apply if a project permit application:

a. Requires an amendment to the comprehensive plan or a development regulation;

b. Is an application for a permit or approval described in TMC 19.05.020(E); or

c. 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. (Ord. 786 § 3 (Exh. C), 2017).

19.05.070 Closed record decisions and appeals.

A. Appeals of Decisions. Project permit applications shall be appealable as provided in Table 1 – Permit Procedure Types I – IV.

B. Consolidated Appeals.

1. All appeals of project permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal.

2. Appeals of environmental determinations under SEPA, Chapter 18.04 TMC, shall proceed as provided in that chapter.

C. Standing to Initiate Administrative Appeal.

1. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a decision on a project permit application.

2. Definition. The term “parties of record,” for the purposes of this section, shall mean:

a. The applicant;

b. Any person who testified at the open record public hearing on the application;

c. 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); and/or

d. Any person who registers in writing at the open record public hearing or with the administrator their desire to be notified of any action on an application.

D. Closed Record Decisions and Appeals.

1. Type II, III or IV Project Permit Decisions or Recommendations. Appeals of the hearing body’s decision or recommendation on a Type II, III or IV project permit application shall be governed by the following:

a. Standing. Only parties of record have standing to appeal the hearing body’s decision.

b. Time to File. An appeal of the hearing body’s decision must be filed within 14 calendar days following issuance of the hearing body’s written decision. Appeals may be delivered to the city clerk-treasurer’s office by mail, personal delivery, email 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 hearing body’s 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 business day.

d. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:

i. Appellant’s name, address and phone number;

ii. Appellant’s statement describing his or her standing to appeal;

iii. Identification of the application which is the subject of the appeal;

iv. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;

v. The relief sought, including the specific nature and extent; and

vi. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

e. Effect. The timely filing of an appeal shall stay the effective date of the hearing body’s decision until such time as the appeal is adjudicated by the council or is withdrawn.

f. Notice of Appeal. The administrator shall provide public notice of the appeal to the appellant and to other parties of record.

E. Procedure for Closed Record Decisions/Appeals.

1. The following sections and subsections of this chapter shall apply to a closed record decision/appeal hearing: TMC 19.05.060(C), (D), (E), (F), (G)(1), (2), (3), (4) and (6), and (H).

2. The closed record appeal/decision hearing shall be on the record before the hearing body. If the appeal is on a Type II, III, or IV permit, no new evidence may be presented.

3. Appeals of Type I permits may be considered following an open record public hearing conducted in accordance with TMC 19.05.060.

F. Judicial Appeals. The city’s final decision on a Type I – V permit application may be appealed by a party of record with standing to file a land use petition in Okanogan County superior court. Such petition must be filed within 21 days of issuance of the decision as provided in Chapter 36.70C RCW.

G. Appeals to the Shorelines Hearings Board. Appeals to the Shorelines Hearings Board of a decision on a shoreline substantial development permit, shoreline variance, shoreline conditional use permit, or a decision on an appeal of an administrative action may be filed by the applicant or any aggrieved party pursuant to RCW 90.58.180 within 21 days of filing the final decision by the responsible local government with Ecology. (Ord. 786 § 3 (Exh. C), 2017).