Chapter 18.30
GENERAL ADMINISTRATION
Sections:
18.30.030 Severability and validity.
18.30.040 Scope and compliance.
18.30.060 Conflict of provisions.
18.30.070 Responsibility and authority.
18.30.100 Forms and supportive documentation.
18.30.120 Security mechanisms.
18.30.010 Authority.
This title is adopted by city of Edgewood Ordinance No. 03-0203 pursuant to Chapter 36.70A RCW et seq. (Planning Enabling Act). (Ord. 03-203 § 1).
18.30.020 Repeal/savings.
Chapter 17.10 EMC, Planning and Development, and EMC Title 18, the city of Edgewood interim development standards, zoning code, is hereby repealed in its entirety and replaced with this title; provided, that such repeal shall not affect the validity of any permit lawfully issued thereunder nor any pending enforcement action. (Ord. 03-203 § 1).
18.30.030 Severability and validity.
The sections, paragraphs, sentences, clauses, and phrases of this title are severable. If any section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this title, which shall continue in full force and effect. Further, if any section, paragraph, sentence, clause, or phrase of this title is adjudged invalid or unconstitutional as applied to a particular property, use, building, or other structure, the application of said portion of this title to other property, uses, buildings, or structures shall not be affected. (Ord. 03-203 § 1).
18.30.040 Scope and compliance.
The provisions of this title shall apply to all incorporated areas of the city of Edgewood, Washington. A parcel of land or water area may be used, developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, occupancy or otherwise only as this title permits. Each development shall comply with the applicable standards set forth in this title. The requirements of this title apply to the property owner, the person undertaking a development, the user of a development, and any successors in interest. (Ord. 03-203 § 1).
18.30.050 Consistency with comprehensive plan, development regulations and State Environmental Policy Act.
A. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan will be considered using the process set forth in this title and EMC Title 20, SEPA. During project permit application review, the city shall determine whether the proposed project complies with applicable development regulations. In the absence of applicable development regulations, the city shall determine whether the proposed project is consistent with the comprehensive plan. This determination of consistency shall include the following:
1. The type of land uses permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval are satisfied;
2. The level of development, such as the number of units per acre, density of residential development in urban growth areas, or other measures of density;
3. Availability and adequacy of infrastructure, including public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by RCW 36.70A.120; and
4. Characteristics of the development, as provided in this title. In deciding whether a project is consistent, the determinations made pursuant to this section shall be controlling. The determination of consistency shall not prohibit the city from denying, conditioning, or mitigating impacts due to other aspects of the project.
B. Initial SEPA Analysis. The city shall also review the project permit application under the requirements of the State Environmental Policy Act (SEPA) and EMC Title 20, SEPA. (Ord. 03-203 § 1).
18.30.060 Conflict of provisions.
The standards, procedures and requirements of this chapter are the minimum necessary to promote the health, safety, and welfare of the residents of the city. The city is free to adopt more rigorous or different standards, procedures and requirements whenever this becomes necessary. If the provisions of this chapter conflict or overlap one with another, or if a provision of this chapter conflicts or overlaps with the provision of another ordinance of the city, the most restrictive provision or the provision imposing the highest standard prevails. (Ord. 03-203 § 1).
18.30.070 Responsibility and authority.
A. The community development director or designee is charged with the responsibility of carrying out the provisions of this title.
B. The community development director or designee is authorized and empowered to make administrative decisions and determinations pursuant to EMC 18.50.020, Administrative interpretations.
C. The community development director or designee is authorized to revoke any permit issued to the permit holder who fails to comply with this code or conditions of the permit approval, or if there was a permit issued in error or based on false or misleading information. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.30.080 Official records.
A. The community development director or designee is charged with the responsibility of compiling and maintaining an official file on each application or petition submitted under this title, consisting of the following, if applicable:
1. Application or petition materials submitted by the applicant or appellant.
2. Staff reports.
3. Written testimony received.
4. Record of any public hearing held.
5. Written decision of the granting authority.
6. Other information relevant as judged by the staff member assigned to the project.
B. The official file is a public record which shall be maintained and made available for public inspection consistent with the city’s retention schedule and laws governing public disclosure. Availability may be temporarily disrupted prior to or during public hearings while staff is preparing for the hearing. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.30.090 Burden of proof.
Except for Process V, legislative actions, the burden of proof is upon the proponent. The greater the impact of the proposal to the area, the greater the burden upon the proponent. The proposal shall not be approved unless the applicant has provided evidence demonstrating that the proposal conforms to the applicable elements of the comprehensive plan and provisions of this title, especially the specific criteria set forth for the particular type of decision under consideration. (Ord. 03-203 § 1).
18.30.100 Forms and supportive documentation.
The community development director or designee is charged with the responsibility of creating and developing administrative guidelines, applications, maps, charts, reference materials, forms, brochures, handouts and other tools to aid the public, applicants, staff, and decision-makers in interpreting and administering this title. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.30.110 Fees.
A. The community development director or designee is charged with the responsibility of collecting appropriate fees charged to applicants for any permits or discretionary approval processes provided for in this title. The amount of the fees charged shall be as set forth in the city of Edgewood fee schedule.
B. Fees shall be paid upon submission of a signed application or petition for appeal, or as otherwise set forth in the city of Edgewood fee schdule.
C. Work Without an Application.
1. Whenever any work for which an application and/or project permit is required by this code has commenced without first obtaining approval of said application, a special investigation fee shall be assessed before a permit may be issued for such work.
2. An investigation fee, in addition to the application or permit fee, shall be collected whether or not an application is then subsequently issued. The investigation fee shall be as set forth in the city of Edgewood fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from penalties prescribed by law.
D. Refunds shall be processed pursuant to Chapter 3.35 EMC. (Ord. 23-652 § 54 (Exh. A); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.30.120 Security mechanisms.
A. The purpose of this section is to provide the city with financial mechanisms to ensure that conditions, requirements and all applicable provisions of this title associated with permit approvals are met. The city may require a cash guarantee, letter of credit or the posting of a performance, completion, or maintenance bond, or its equivalent, with the city to ensure the subsequent completion and continued maintenance of all permit conditions. Permits for single-family residences, except related stormwater facility or road improvements, are exempt from this requirement.
B. Bonding.
1. A surety bond or equivalent shall be in a form acceptable to the city and shall represent a percentage of the estimated cost of design, materials, and labor related to the project in question, based on the estimated costs on the last day covered by the device, of installing, replacing, or repairing, as appropriate, the improvements covered by the security, as agreed to by the community development director or designee.
a. Performance and/or completion bond: 125 percent of the costs specified above, for the duration specified by the city, or until all improvements are installed and accepted by the city, whichever is less.
b. Maintenance bond: 20 percent of the costs specified above, for the duration specified by the city, or until the city is satisfied that maintenance shall continue, whichever is less. However, the bond or equivalent shall be extended if repairs are made at the end of the bonding period which, in the opinion of the community development director or designee, require additional guarantee of workmanship.
2. The surety bond or equivalent, if required, may be presented to the city after preliminary approval of a project, but in all circumstances shall be presented prior to the issuance of a site development permit. The conditions of performance to which the bond is subject shall be listed on the permit attached thereto. No final certificate of occupancy, or other permit for which a bond is required, shall be issued until all such conditions are satisfied. All securities shall be held until released by the community development director or designee.
C. In each case where a security is posted, the applicant and the community development director or designee shall sign a notarized security agreement, approved in form by the city attorney. The agreement shall provide the following information:
1. A description of the work or improvements covered by the security.
2. Either the period of time covered by the maintenance security or the date after which the city will use the proceeds of the performance security to complete the required work or improvements.
3. The amount and nature of the security and the amount of any cash deposit.
4. The rights and duties of the city and applicant.
5. An irrevocable easement or other authority to allow the employees, agents, or contractors of the city to enter the subject property for the purpose of inspecting and, if necessary, performing the work or making the improvements covered by the security.
6. After the work or improvements covered by a performance security have been completed, or at the end of the time covered by a maintenance security, the applicant may request that the city release the security. If the applicant has complied with the security agreement and applicable permit conditions, the community development director or designee shall release the remaining security. If the work has not been completed or repairs not made, then the city shall not release the security until such work is completed. Partial release of the security may be allowed provided the developer provides a new security equal to 125 percent of the cost of the remaining work.
D. During the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a performance security, if the community development director or designee determines that the security agreement has not been complied with, the city shall so notify the applicant. The notice must state:
1. Work or improvements that must be completed to comply with the security agreement; and
2. Amount of time that the applicant has to commence and complete the required work or improvements; and
3. If not commenced and completed within the time specified, the city will use the proceeds of the security to complete the work or improvements.
E. If the work or improvements covered by the security are not completed within the time specified in the notice, the city shall obtain the proceeds of the security and cause such work to be completed.
F. The applicant shall be responsible for all costs incurred by the city in administering, maintaining, or making the improvements covered by the security. The city shall release or refund the balance of the remaining security after subtracting all costs for completing the work. The applicant shall reimburse the city for any amount expended by the city that exceeds the proceeds of the security. The city may file a lien against the subject property for the amount of any excess.
G. In each case where the city uses any of the funds of a security, it shall give the applicant an itemized statement of all funds used. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.30.130 Enforcement.
Repealed by Ord. 17-495. (Ord. 15-448 § 2 (Exh. A); Ord. 03-217 § 1; Ord. 03-203 § 1).