Chapter 14.08
APPLICATION PROCESS
Sections:
14.08.005 Application process.
14.08.010 Pre-application meetings.
14.08.015 Consolidated application process.
14.08.030 Determination of completeness.
14.08.040 Application vesting.
14.08.050 Notice of application.
14.08.060 Notice of public hearing.
14.08.005 Application process.
The application process shall consist of the following components:
(1) Pre-application meetings (required for major subdivision and recommended for all other applications);
(2) Plan review;
(3) Determination of completeness;
(4) Notice of application;
(5) Application review;
(6) Notice of final decision. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.08.010 Pre-application meetings.
(1) As determined necessary and appropriate by the community development department, prospective applicants may be required to participate in a pre-application meeting. If a pre-application is not required, an applicant may still request such conference. Prior to the scheduling of a pre-application meeting, the applicant shall submit to the department four sets of plans and other information sufficient to describe essential features of the property, and the proposed or contemplated uses and development. Additionally, the applicant may also submit electronic copies of plans and application materials. Pre-application meeting fees are as outlined in the adopted fee schedule, and are collected at the time of pre-application submittal.
(2) The purpose of the pre-application meeting is to provide the applicant with the best available information regarding the development proposal and application processing requirements. The pre-application meeting provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed development, the application and permit requirements, fees, the review process and schedule, and applicable development standards, plans, policies, and laws.
(3) The department shall provide a checklist of development requirements, submittal checklist, appropriate application forms, support documentation, and appropriate fees. Additional information or studies may be required during the review process that was not known of at the time of the submission of the application materials. As part of the preparation for a pre-application conference, county staff shall schedule a date for a site visit and make every reasonable effort to visit the site, weather conditions permitting. If the director determines that a site visit is infeasible, due to weather conditions, the applicant may reschedule the pre-application meeting or waive this requirement.
(4) The department shall provide the best assessment of any issues relevant to the application and provide the applicant and interested parties a written summary of the pre-application conference. Provided an application is submitted consistent with materials presented at the pre-application conference, the applicant and the county can reasonably rely on commitments made at the pre-application conference. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2003-98 (part), 7/22/03: Res. 2000-126 (part), 10/17/00).
14.08.015 Consolidated application process.
(1) When more than one application for a proposed development is required, the applicant may elect to have all applications submitted for review at one time, except that application requests requiring legislative action must be processed separately if required by law.
(2) Applications for proposed development and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in accordance with the state and local laws, regulations and ordinances.
(3) When more than one application is submitted under a consolidated review and the applications are subject to different types of review procedure, all of the applications for the proposed development shall be subject to the highest level of review procedure which applies to any of the applications.
(4) If an applicant elects a consolidated application process, the determination of completeness, the notice of application, and the notice of final decision must include all applications being reviewed, except that application requests requiring legislative action must be processed separately, if required by law. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.08.020 Plan review.
(1) A plan review shall be conducted to determine if the application is complete. A 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 or from the pre-application meeting must be submitted. All studies supporting the application or addressing projected impacts of the proposed development must be submitted. The department shall not knowingly accept and hold incomplete applications materials waiting for the applicant to submit all required application materials.
(2) The purpose of the plan review is to ensure adequate information is contained in the application materials to demonstrate consistency with applicable comprehensive plans, development regulations and other applicable county codes. Department staff will coordinate the involvement of other agencies responsible for review. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.08.030 Determination of completeness.
(1) Within twenty-eight calendar days after receiving an application, the department shall complete the plan review of the application and provide the applicant a written determination that the application is complete or incomplete; provided, however, that if a pre-application conference was held, then such plan review, at the request of the applicant, shall be reviewed for completeness at a scheduled intake meeting, and if complete, such notice of completeness shall be issued within four working days of the completion of the intake meeting. An application shall be deemed complete under this section if the county does not provide a written determination that the application is incomplete.
(2) An application shall be determined complete only when it contains all of the following information and materials:
(A) A fully completed and signed application;
(B) Applicable review fees;
(C) All information and materials required by the application form and any information required by a pre-application conference;
(D) A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act;
(E) A plot plan disclosing all existing and proposed structures and features applicable to the desired development; for example, parking, landscaping, preliminary drainage plans with supporting calculations, signage, setbacks, etc.;
(F) Any supplemental information or special studies identified by the director.
(3) For applications determined to be incomplete, the department shall identify, in writing, the specific requirements, information or materials necessary to constitute a complete application. Within ten working days after its receipt of the additional requirements, information or materials, the department shall issue a determination of completeness or identify the additional requirements, information, or materials still necessary for completeness. Failure to submit the requested information within sixty days will result in a null and void application, with no refund of the filing fees. An applicant may request additional time, as follows:
(A) First request for forty-five-day time extension: The applicant shall provide written request five working days prior to the original date of void.
(B) Second request for forty-five-day time extension: The applicant shall provide written request five working days prior to the date of void. The request shall include documentation demonstrating advancement towards a complete application.
(C) Final request for time extension: The applicant shall provide written request with support documentation, as outlined in subsection (3)(B) of this section, a minimum of ten working days prior to the date of void. The request shall include a specific date to complete the application requirements. The applicant and the director shall establish a mutually agreed upon time extension.
(4) A determination of completeness shall identify, to the extent known, other local, state or federal agencies that may have jurisdiction over some aspect of the application.
(5) A determination of completeness shall not preclude the county from requesting additional information or studies where a change in the proposed development occurs, or if there are errors or inconsistencies in the materials submitted by the applicant. Where any other request for additional information is made of the applicant, such request shall be justified and reasonably necessary to complete a thorough evaluation of the proposal. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.08.040 Application vesting.
An application shall become vested on the date a determination of completeness is made under this title, except for variance, planned development, and rezone requests which do not vest until approval by the applicable reviewing body, unless coupled with application requests that do become vested. 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 director, the application shall not be considered vested until a new determination of completeness on the changes is made under this title. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.08.050 Notice of application.
(1) Within fourteen calendar days after issuing a determination of completeness, the department shall issue a notice of application. If an open record pre-decision hearing or administrative decision is required, the notice of application shall be provided at least fifteen calendar days prior to the date of open record hearing. The notice shall include, but not be limited to, the following:
(A) The date of application, the date of the determination of completeness, and the date of the notice of application;
(B) A description of the proposed project action, a list of permits required for the application, and, if applicable, a list of any studies requested;
(C) The identification of other required permits not included in the application, to the extent known by the director;
(D) The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed;
(E) A statement of the public comment period, which shall be not less than fourteen calendar days nor more than thirty calendar days (for permits reviewed pursuant to the Shoreline Management Act and Chelan County shoreline master program) 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. Public comments will be accepted at any time prior to the closing of the record of an open meeting predecision hearing or prior to the decision on the project permit if no predecision open record hearing is required;
(F) The date, time, location and type of hearing, if applicable and scheduled at the date of the notice of application;
(G) A statement of the preliminary State Environmental Policy Act (SEPA) determination, if one has been made at the time of notice of application, of those development regulations that will be used for project mitigation and of consistency with the type of land use of the proposed site, the density and intensity of proposed development, infrastructure necessary to serve the development, and the character of the development;
(H) Any other information determined by the department to be appropriate.
(2) Notice of application shall be provided to the public and the departments and agencies with jurisdiction in the following manner:
(A) Where no other public notice, such as the required notice of a public hearing, is required, the notice of application shall be published in a newspaper of general circulation in the general area where the proposal is located. Said notice shall contain information regarding the project location, description, type of permit(s) required, comment period dates and location where the complete application may be reviewed.
(B) Posting the notice of application on the subject property by the applicant for site-specific proposals for the duration of the public comment period. The sign must be maintained at the location and in good condition and shall be the responsibility of the applicant until the sign(s) and post(s) are returned to the county after the required public comment period. After the public comment period, the applicant shall sign an affidavit of posting with the department verifying that the above requirements have been met. Any necessary replacement of the notice of application sign(s) and post(s) shall be the sole responsibility of the applicant.
(C) Mailing to all property owners, as shown on the records of the county assessor, and all street addresses of properties within three hundred feet or greater if required by other ordinances.
(D) When the subject property is located in a remote area and posting the notice of application will not provide reasonable and meaningful notice to the public, the director may require additional and/or alternative means of informing the public of the notice of application.
(3) The notice of application is not a substitute for any required notice of a public hearing. It may serve as notice of a public hearing, provided it contains all of the information required for a public hearing notice and complies with all other public notice requirements for the type of action being sought.
(4) A notice of application is not required for the following actions or when the actions are categorically exempt from SEPA or environmental review has been completed in connection with other project permits.
(A) Application for a single-family residence, accessory uses or other minor construction building permits.
(B) Application for boundary line adjustments or certificate of exemption.
(C) Any application for which limited administrative review is determined applicable.
(D) Legislative actions such as comprehensive plan amendments, area-wide rezones, etc.
(5) A State Environmental Policy Act (SEPA) threshold determination may be issued for a proposal concurrent with the notice of application. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2004-16 (part), 1/27/04; Res. 2000-126 (part), 10/17/00).
14.08.060 Notice of public hearing.
(1) Except as otherwise required, notice of a public meeting or hearing for all development applications and all open record appeals shall be given as follows:
(A) Publication in the official newspaper at least ten calendar days before the date of a public meeting, hearing or pending action; and
(B) Mailing at least ten calendar days before the date of a public meeting, hearing or pending action to all property owners, as shown on the records of the county assessor, and all street addresses of properties within three hundred feet, not including street rights-of-way, or the boundaries of the property which is the subject of the meeting or pending action.
(2) The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.
(3) If for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date, time and place certain and no further notice under this section is required. (Res. 2014-100 (Atts. A, B) (part), 10/7/14: Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07).