Chapter 19.04 TYPE II, III AND IV PROJECT PERMIT APPLICATIONS

Chapter 19.04
TYPE II, III AND IV PROJECT PERMIT APPLICATIONS

Sections:

19.04.030 Submission and acceptance of application.

19.04.040 Referral and review of project permit applications.

19.04.010 Preapplication conference.

A. Applications for Type II, III and IV actions 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 town of Winthrop development regulations.

B. The conference shall be held within fifteen (15) days of the request.

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

1. A form which lists the requirements for a completed application;

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

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

D. 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 town to the applicant under subsection C of this section above shall not bind or prohibit the town’s future application or enforcement of all applicable laws. (Ord. 482 § 1 (part), 1997)

19.04.020 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:

A. A completed project permit application form;

B. A verified 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;

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

D. Other information as required by applicable development regulations. For example, for a preliminary long plat, the town of Winthrop subdivision ordinance requires general information as well as a description of: existing conditions, the proposed long plat, proposed restrictive covenants, a title certificate, SEPA environmental checklist, and names and addresses of all landowners within three hundred feet of the property.

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

F. The applicable fee;

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

H. Evidence of sewer availability. (Ord. 482 § 1 (part), 1997)

19.04.030 Submission and acceptance of application.

A. Determination of Completeness. Within twenty-eight (28) days after receiving a project permit application, the town shall mail or personally provide a written determination to the applicant which states either:

1. That the application is complete; or

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

B. Identification of Other Agencies with Jurisdiction. To the extent known by the town, other agencies with jurisdiction over the project permit application shall be identified in the town’s determination required by subsection A of this section.

C. Complete Application. Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in Section 19.04.020 above 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 town’s determination of completeness shall not preclude the town from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action.

D. Incomplete Application Procedure.

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

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

3. 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 town’s adopted fee ordinance.

E. Town’s Failure to Provide Determination of Completeness. A project permit shall be deemed complete under this section if the town does not provide a written determination to the applicant that the application is incomplete as provided in subsection A of this section.

F. Date of Acceptance of Application. When the project permit application is complete, the administrator shall accept it and note the date of acceptance. (Ord. 482 § 1 (part), 1997)

19.04.040 Referral and review of project permit applications.

Within ten (10) days of accepting a complete application, the administrator shall do the following:

A. Transmit a copy of the application, or appropriate parts of the application to each affected agency and town department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and town departments shall have fifteen (15) days to comment. The referral agency or town 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 three additional days.

B. If a Type III or IV procedure is required, notice and hearing shall be provided as set forth in Chapters 19.06 and 19.10. (Ord. 482 § 1 (part), 1997)