Chapter 14.07
APPLICATIONS
Sections:
14.07.010 Consolidated application review.
14.07.020 Exemptions.
14.07.030 Concurrent environmental review.
14.07.040 Preapplication informal review.
14.07.050 Content of applications.
14.07.060 Submittal of applications.
14.07.070 Determination of complete application.
14.07.080 Post-application formal review.
14.07.090 Vesting of applications.
14.07.100 Application review and approval period.
14.07.010 Consolidated application review.
A. For the purposes of this chapter (Chapter 14.07 FMC), references to the “City,” “Planning Department,” “Building Department,” and “Community Development Department (CDD),” shall be interchangeable and where applicable shall mean the Community Development Department.
B. In order to avoid duplication of review processes, the City shall consolidate applications for development and other City approvals and integrate the permit and environmental review processes to the extent practicable.
C. Except as otherwise noted in this title, applicants may submit applications for development permit approval and other City approvals sequentially or simultaneously. However, the City shall not be obligated to review materials submitted in conjunction with a particular permit application, beyond that necessary to determine completeness, when prior approvals of permits or plans are necessary to provide a meaningful context within which such permit application materials can be reviewed. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.020 Exemptions.
Unless submitted in conjunction with other nonexempt permit applications, the following permit applications shall be exempt from the preapplication requirements of FMC 14.07.040, and shall be exempt from notice requirements of FMC 14.15.030 unless utilizing the combined notice provisions of FMC 14.15.030(H) and 14.15.040(F):
A. Applications for building permits; and
B. Applications requiring administrative approval only. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.030 Concurrent environmental review.
A. Developments subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in Chapter 16.04 FMC.
B. SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:
1. Projects categorically exempt from SEPA review.
2. Components of previously completed planned actions, to the extent permitted by law (refer to Chapter 43.21C RCW) and consistent with the applicable environmental document for the planned action. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.040 Preapplication informal review.
A. Preapplication review of all development proposals by the City is encouraged as a way to familiarize a potential applicant with the City’s development regulations prior to preparation of formal plans and documents that must be submitted with a development application. The purpose of the meeting is to discuss, in general terms, the proposed development, applicable City zoning and development regulations, required permits and approvals, applicable development fees, and the anticipated timing of the review process. When appropriate, the City shall invite other affected jurisdictions, agencies and/or special districts to the preapplication meeting.
B. Preapplication review of preliminary plats and planned unit developments by the City is required prior to the submittal of a development application. The Planning and Building Director may waive the requirement if the applicant has attended one or more previous preapplication meeting(s); and/or has demonstrated a thorough knowledge of City development procedures, regulations and standards, and the project is of such a nature as to make another preapplication meeting unnecessary.
C. Preapplication review is conducted by the Technical Review Committee (TRC) in accordance with its schedules and procedures. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.050 Content of applications.
A. All applications for development permits and other City approvals shall be submitted on forms provided by the Planning Department.
B. All applications for approval under FMC Titles 15 through 18 or other development-related portions of this code shall include the information specified in the applicable title and accompanying submittal instructions. The Planning and Building Director may require such additional information as reasonably necessary to fully and properly evaluate the proposal.
C. The applicant shall apply for all permits identified in the preapplication meeting and as required under FMC Titles 15 through 18 or other development-related portions of this code. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.060 Submittal of applications.
A. All applications for approval under FMC Titles 15 through 18 or other development-related portions of this code shall be submitted, by appointment, to the Planning and Building Department, together with the appropriate application fee as established by City ordinance. No application shall be accepted by the City without all of the accompanying plans, documents, materials, and fees that are required to be submitted with the application.
B. No application shall be accepted by the City unless it is signed by the property owner(s). (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.070 Determination of complete application.
A. Within 28 calendar days of receipt of an application for development or other City approval, the City shall review the application and, as set forth below, provide applicants with a written determination that the application is complete or incomplete.
B. A project application shall be declared complete only when it contains all of the following materials:
1. A fully completed, signed, and acknowledged development application and all applicable review fees.
2. A fully completed, signed, and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act, together with applicable technical studies.
3. The information specified for the desired project in the appropriate chapters of the Ferndale Municipal Code and as identified in FMC 14.07.050.
4. Any supplemental information or special studies identified by the Planning and Building Director.
C. The Community Development Department shall provide applicant written notice that the Community Development Department has determined the project permit application is complete and the date of the determination of completeness. Until the Community Development Department issues a written notice of a complete project application stating the date of the determination of completeness, a proposed permit application shall not be deemed complete for purposes of vesting as provided in FMC 14.07.090.
D. For applications determined to be incomplete, the Community Development Department shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the Community Development Department shall within 21 business days issue a determination of complete application or identify what additional information is required.
E. In the event the Community Development Department is unable to provide an applicant with a written determination that the application is complete or incomplete within 28 calendar days of receipt of an application for development or other Community Development Department approval as provided in subsection (A) of this section, the application shall be deemed to be complete. However, the Community Development Department may notify the applicants in writing prior to the conclusion of the 28-day period, stating that due to department work load, high volume of permit applications and time constraints upon the Community Development Department additional time shall be required for a determination of completeness. Such notification shall specify additional time necessary for the Community Development Department to make a determination of completeness. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.080 Post-application formal review.
A. Following the issuance of a determination of complete application, the Planning and Building Director shall schedule the application for review by the Technical Review Committee at a regular meeting. The purpose of the meeting is to discuss specific concerns about the project design with regard to City zoning and development regulations, anticipated conditions of approval and other specific requirements, the type and estimated amount of development fees, and the anticipated timing and dates of City responses, decisions, or public hearings. When appropriate, the City shall invite other affected jurisdictions, agencies and/or special districts to the post-application formal review meeting.
B. Post-application formal review is required for all land development and subdivision applications, except that the Planning and Building Director and applicant may agree to waive the requirement if the application is of such a minor nature as to make a post-application formal review unnecessary.
C. Post-application formal review is conducted by the Technical Review Committee (TRC) in accordance with its schedules and procedures. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.090 Vesting of applications.
A. General Vesting Rule. An applicant submitting a complete project development application to the Community Development Department shall have the right to have the project development considered under the City’s applicable regulatory controls in effect on the date the Community Development Department determines the project development application is complete.
B. Project Development or Project Development Application. Vesting of applications shall apply only to the following project actions: building permits, subdivisions and short plats, binding site plans, planned unit development, conditional use permits, and shoreline substantial development and conditional use permits, and except as provided herein, project permit or project permit application for purposes of vesting shall not include any other land use or environmental permits or licenses required pursuant to the Ferndale Municipal Code.
C. Sequential Submittal of Separate Applications. When a complete building permit application is not consolidated with a land use approval application, each application for land use approval and for subsequent construction permits shall be reviewed subject to the relevant laws, ordinances, regulations, and standards in effect on the date of receipt of each separate and specific complete application.
D. Full Vesting. Only when a complete building permit application for a structure to be used in a manner permitted under the land use regulations in effect on the date such application is submitted will the applicant be entitled to improve and use land under the ordinances of the City in effect on the date of the complete building application.
E. Expiration of Vested Rights. Time lines for valid duration and expiration of a development permit shall be governed by the applicable regulation and/or as specifically conditioned by the Community Development Department. The applicant shall be responsible for monitoring time limitations and deadlines for a specific application. The City shall not be responsible for maintaining a valid application. If an application subject to this chapter expires, the applicant may file a new application, but shall be subject to the development regulations in effect on the date the new application is complete for processing.
F. 1. Impact Fees. Notwithstanding any other provisions of this section, the filing of a permit application shall not vest the applicant as to the impact fee in effect at the time of filing.
2. Permit and Plan Review Fees. Notwithstanding any other provisions of this section, fees paid for any permit or plan review shall be those in effect at the time the permit or plan review is paid for. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)
14.07.100 Application review and approval period.
A. The final decision on a development proposal shall be made within 150 days from the date of the determination of complete application. Exceptions to this include:
1. Amendments to the Comprehensive Plan or Development Code.
2. Any additional time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the Planning and Building Director shall determine whether the information is adequate to resume the project review.
3. Substantial project revisions made or requested by an applicant; in which case the 150 days will be calculated from the time that the City determines the revised application to be complete.
4. All time required for the preparation and review of an environmental impact statement.
5. Projects involving the siting of an essential public facility.
6. An extension of time mutually agreed upon by the City and the applicant.
7. All time required to obtain a variance.
8. Any remand to the hearing body.
9. All time required for the administrative appeal of a determination of significance.
10. Other legislative functions, including but not limited to petitions for annexations and street vacations.
B. If the City is unable to issue its final decision on a proposed permit application within the time limits provided for in subsection (A) of 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 final decision.
C. In calculating time periods for filing requests for reconsideration or appeals of final decisions of the Hearings Examiner or City Council, the decision date shall be considered to be the date of the notice of decision. In the event a notice of decision is not issued, the decision date shall be considered to be the date that the City Council took action on the motion, resolution, or ordinance, or the date the Hearings Examiner presented his written decision to the Planning and Building Director. (Ord. 1600 § 1, 2010; Ord. 1396 § 2, 2006)