Chapter 19.02
TYPE I – IV PROJECT PERMIT PROCESSING

Sections:

19.02.001    Optional preapplication conference.

19.02.002    Project permit application.

19.02.003    Submission and acceptance of application.

19.02.004    Notice of application.

19.02.005    Referral and review of project permit applications.

19.02.006    Expiration of complete applications.

19.02.007    Project permit decisions.

19.02.008    Duration of permit approval and expiration of permits.

19.02.009    Resubmission of application.

19.02.035    Alternative project permit processing without concurrency.

19.02.001 Optional preapplication conference.

A. Prior to filing applications for project permit applications, the applicant may request a preapplication conference. The purpose of the preapplication conference is to acquaint the applicant with the requirements of the Gig Harbor Municipal Code.

B. The conference shall be held within 28 days of the request.

C. Five or more working days following the conference, the director shall provide the applicant with:

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 approval of the application.

D. Neither the discussions at the conference nor the information provided on the form sent by the director to the applicant under subsection C of this section shall bind the director in any manner or prevent the director’s future application or enforcement of all applicable codes, ordinances and regulations. (Ord. 1197 § 91, 2010; Ord. 806 § 7, 1998; Ord. 711 § 1, 1996).

19.02.002 Project permit application.

Applications for project permits shall be submitted on forms provided by the director. 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. The applicable fee;

E. Evidence of adequate water supply as required by RCW 19.27.097 or a copy of an application for city of Gig Harbor water concurrency determination; and

F. Evidence of sewer availability or an application for a city of Gig Harbor sewer concurrency determination. (Ord. 1197 § 92, 2010; Ord. 888 § 1, 2001; Ord. 806 § 8, 1998; Ord. 711 § 1, 1996).

19.02.003 Submission and acceptance of application.

A. Submission of Project Permit Application and Associated Concurrency Application. Every project permit application must be accompanied by a concurrency application (under Chapter 19.10 GHMC), unless the development described in the application is exempt under Article I of Chapter 19.10 GHMC. The planning department shall immediately forward the concurrency application to the public works/engineering department for processing. The planning department shall then determine whether or not the project permit application is complete, following the procedures in this section.

B. The public works/engineering department shall notify the planning department within 28 days after initial receipt of the applications whether the concurrency application is complete or incomplete. The planning department shall not make a finding that the project permit application is complete under this section unless and until notified by the public works/engineering department that the concurrency application is complete.

C. Determination of Completeness. Within 28 days after receiving a project permit application, the city shall mail or personally deliver to the applicant a determination 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.

If an applicant chooses the optional consolidated permit review process set forth in GHMC 19.01.002(B), the determination of completeness shall include all project permits being reviewed through the consolidated permit review process.

D. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project shall be identified in the determination of completeness.

E. Additional Information. A project permit application is complete for the purposes of this section when it meets the submission requirements of GHMC 19.02.002, the submission requirements of the applicable development regulations, and when the public works/engineering department has determined that a complete concurrency application has been submitted. The determination of completeness shall be made when the application is sufficiently complete for review, even though additional information may be required or project modifications may be undertaken subsequently. The director’s determination of completeness shall not preclude the director’s ability to request additional information or studies whenever new information is required, or substantial changes are made to the proposed project.

F. Incomplete Applications.

1. Whenever the applicant receives a determination from the city that an application is not complete for either a project permit or concurrency application, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection C of this section.

2. If the applicant does not submit the additional information requested within the 90-day period, for either the project permit or concurrency application, the director shall make findings and issue a decision, according to the Type I procedure described in GHMC 19.01.003, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed.

3. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness.

G. Director’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete as provided in subsection C of this section. This subsection G shall not apply to a concurrency application.

H. Date of Acceptance of Application. Project permit and concurrency applications shall not be officially accepted until complete. When an application is found complete, the director shall note the date of acceptance for continued processing. (Ord. 1197 § 93, 2010; Ord. 1043 § 1, 2006; Ord. 806 § 9, 1998; Ord. 711 § 1, 1996).

19.02.004 Notice of application.

A. Generally. A notice of application shall be provided to all city departments and agencies with jurisdiction of all Type II, III and IV project permit applications. In addition, a notice of application for all (1) nonresidential development, (2) multifamily residential development as defined in GHMC 17.04.290, (3) subdivisions, and (4) public projects, except for normal maintenance and repair, shall be sent to all members of the design review board as set forth in GHMC 17.98.045(E).

B. Issuance of Notice of Application.

1. Within 14 days after the city has made a determination of completeness pursuant to GHMC 19.02.003, the director shall issue a notice of application.

2. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing.

C. Contents. The notice of application shall include:

1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application;

2. A description of the proposed project and a list of all the project permits requested in the application and, if applicable, a list of any studies requested under RCW 36.70B.070 or 36.70B.090;

3. A description of other required permits not included in the application, to the extent known by the city;

4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

5. A statement setting forth:

a. The time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application. The public comment period for a notice of application of a permit under the purview of the city’s shoreline master program (SMP) shall be not less than 30 days following the date of notice of application;

b. 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 on the application; and

c. Any appeal rights;

6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued;

7. If made at the time of notice of application, a summary of the preliminary determination of consistency required by GHMC 19.04.001 and a statement of preliminary determination of those development regulations that will be used for project mitigation as provided in Chapter 19.04 GHMC;

8. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application.

D. Public Comment on the Notice of Application. All public comments received on the notice of application must be received in the department of planning by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile; provided, that mailed comments received after the comment period has expired will not be accepted. Comments should be as specific as possible.

E. SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required, or an open record appeal hearing is allowed on the project permit decision. (Ord. 1197 § 94, 2010; Ord. 1093 § 15, 2007; Ord. 1006 § 3, 2005; Ord. 806 § 10, 1998; Ord. 711 § 1, 1996).

19.02.005 Referral and review of project permit applications.

Within 10 days of accepting a complete application, the director shall:

A. Transmit a copy of the application, or appropriate parts of the application, to each affected government 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 15 days to comment on the application. The agency or city department is presumed to have no comments if comments are not received within the 15-day period. The director shall grant an extension of time only if the application involves unusual circumstances.

B. Provide for notice as set forth in Chapter 19.03 GHMC for Type III procedures. (Ord. 1197 § 95, 2010; Ord. 806 § 11, 1998; Ord. 711 § 1, 1996).

19.02.006 Expiration of complete applications.

A. Whenever an applicant receives a determination from the city that additional information is needed to review a complete application or that revisions are necessary to reach code compliance, the applicant shall have 90 days to submit the necessary information or revisions, or request a decision on the application. If the applicant responds in writing and indicates that more than 90 days is required to provide the additional information or revisions, the director may accept a reasonable timeline for submittal of all information requested or revisions.

B. If the applicant does not submit the information requested or revisions within the 90-day period, request a decision on the application or provide a submittal timeline acceptable to the director, the director shall send a certified letter to the applicant requesting the applicant to submit the information or revisions within 30 days or as otherwise determined by the director.

C. If the applicant does not submit the information requested or revisions within the 30-day period, the director shall make findings and issue a decision, according to the Type I procedure described in GHMC 19.01.003, that the application has expired for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the expired application and that if the applicant does not make arrangements to pick up the application materials within 30 days from the date of the decision, the application materials may be destroyed.

D. Any associated project permit applications, concurrency applications or concurrency reservation certificates shall also expire if the underlying project permit application expires.

E. When the director determines that an application has expired, the applicant may request a refund of the application fee remaining as provided for in the city’s fee schedule.

F. Expiration of an application does not preclude the applicant from submitting new, complete project permit and concurrency applications which are substantially similar to the expired application. (Ord. 1197 § 96, 2010).

19.02.007 Project permit decisions.

A. Notice of Decision. A notice of decision on a project permit application shall be provided to the applicant, to any person who submitted comments on the application or requested a copy of the decision, and to the Pierce County assessor-treasurer.

B. Time Period for Decision. The director shall issue a notice of final decision on a project permit application within 120 days of the issuance of the determination of completeness pursuant to GHMC 19.02.003; provided, that the time period for issuance of a notice of final decision on a preliminary plat shall be 90 days, for a final plat 30 days, and a short plat 30 days.

1. In calculating the time period for decision 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 director to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the director notifies the applicant of the need for additional information until the earlier of the date the director determines that the additional information provided satisfies the request for information, or 14 days after the date the additional information is provided to the city;

b. If the director determines that the information submitted is insufficient, the applicant shall be informed of the particular insufficiencies and the procedures set forth in this subsection (B)(1) for calculating the exclusion period shall apply;

c. Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and GHMC Title 18. The time period for preparation of an EIS shall be governed by GHMC 18.04.140(C);

d. Any period for consideration and issuance of a decision for administrative appeals of project permits, which shall be not more than 90 days for open record appeals and 60 days for closed record appeals, unless a longer period is agreed to by the director and the applicant;

e. Any extension of time mutually agreed to in writing by the director and the applicant.

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

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

b. Requires siting approval of an essential public facility as provided in RCW 36.70A.200; or

c. Is substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director pursuant to GHMC 19.02.003 and RCW 36.70B.070.

C. Contents. The notice of decision shall include:

1. A list of all project permits included in the decision, including all permits being reviewed through the consolidated permit review process;

2. A date and description of the decision;

3. A statement of any threshold determination made under SEPA (Chapter 43.21C RCW);

4. The procedures for administrative appeal, if any;

5. A statement that the affected property owners may request a change in property tax valuation notwithstanding any program of revaluation by contacting the Pierce County assessor-treasurer;

6. The duration of permit approval and a statement summarizing the permit expiration and extension procedures provided in GHMC 19.02.008;

7. A statement that the complete project permit file, including findings, conclusions and conditions of approval, if any, is available for review. The notice shall list the place the file is available and the name and telephone number of the city representative to contact about reviewing the file;

8. The notice of decision can be a copy of the project permit decision, provided the decision includes the contents required by this subsection.

D. Public notice of the final decision for Type II permits shall be pursuant to GHMC 19.03.004. (Ord. 1197 § 97, 2010).

19.02.008 Duration of permit approval and expiration of permits.

A. Duration of Permit Approval. A land use permit shall expire three years from the date a permit is approved, except as specified in subsection C of this section.

B. When a project includes more than one land use permit, the expiration date of the land use permit with the longest permit approval duration shall govern all land use permits included in a project, except final plats, short plats and Type V decisions.

C. The duration of approval, expiration and extension of the following land use permits shall not be governed by this section, except that subsection B of this section shall apply:

1. Shoreline permits shall be governed by the city of Gig Harbor shoreline master program and WAC 173-27-090;

2. Subdivisions, short plats, binding site plans and boundary line adjustments shall be governed by GHMC Title 16 and Chapter 58.17 RCW;

3. Land use permits governed by a development agreement shall be pursuant to the development agreement;

4. Special use permits, land clearing permits and temporary trailer permits shall be governed by the provisions in the specific zoning code chapter regulating those permits.

D. Commencement of Permit Approval Duration. The approval duration for a permit shall commence on the date of the land use permit decision; provided, that in the event the decision is appealed, the effective date shall be the date of decision on appeal. The approval duration for a shoreline permit shall commence on the effective date of the permit as defined in WAC 173-27-090.

E. Expiration.

1. All land use permits become null and void and expire at the end of the permit approval period if, on the date the permit expires, a complete application for subsequent building permit or civil permit has not been submitted.

2. A complete application for subsequent building or civil permit will extend the validity of said land use permit as long as the building or civil permit is active.

3. For land use permits which do not require a building or civil permit, the land use permit does not expire if the use allowed by the project permit has been legally established prior to the expiration date of the project permit.

4. Once a use or development has been legally established, the land use permit will remain valid as long as the use and development is in compliance with the terms of the land use permit.

5. Conditional Use Permits. If a use or activity authorized by a conditional use permit is abandoned or discontinued for a continuous period of two years, the conditional use permit shall expire and the use or activity may not be reestablished unless authorized by a new conditional use permit.

F. Extensions. Upon written request by the property owner, prior to the date of land use permit expiration, the director may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon a finding that the land use permit is compliant with all applicable codes at the time of the extension request and there has been no material change of circumstances applicable to the property since project permit approval. The director shall not grant more than one permit extension.

G. For the purposes of this section, “land use permit” is defined as any permit issued under GHMC Title 16, 17 or 18. (Ord. 1197 § 98, 2010).

19.02.009 Resubmission of application.

Any project permit application that is denied shall not be resubmitted or accepted by the director for reconsideration for a period of 12 months from the date of the last action by the city on the application or request unless, in the opinion of the director, there has been a significant change in the application or a significant change in conditions related to the impacts of the proposed project. (Ord. 1197 § 99, 2010).

19.02.035 Alternative project permit processing without concurrency.

A. Notice to Applicants of Alternative Procedure in Determination of Complete Application. Beginning on January 1, 2008, and ending on November 30, 2010, or the date the city grants substantial completion of the Phase 1 improvements to the wastewater treatment plant, whichever is earlier, the city shall include the following language in every notice of complete application for every building permit, preliminary plat, short plat, binding site plan, planned unit development, planned residential development, conditional use, variance, shoreline substantial development, shoreline conditional use, shoreline variance, site plan, or any other permit/approval for which a sewer concurrency certificate is required:

As an alternative to the standard project permit processing, an applicant may choose to have this application processed under the temporary procedure entitled ‘Alternative Project Permit Processing without Concurrency,’ as set forth in GHMC 19.02.035. A copy of this procedure is attached. Please let us know if you would like your application processed under this alternative procedure. If you do not choose to have your application processed under the alternative method, your application for a sewer concurrency certificate will be processed immediately. At present, there is no available capacity in the City’s Wastewater Treatment Plant, and it is likely that any application for concurrency in the Wastewater Treatment Plant will be denied. If your underlying project permit application requires sewer availability in the City’s Wastewater Treatment Plant, it is likely that it will be denied as well. Denied applications are subject to the appeal provisions of GHMC 19.06.007.

B. Choosing Alternative Processing. Once an application has been determined complete and the applicant has chosen alternative processing without concurrency, the property owner will be asked to sign a contract with the city, allowing processing to proceed. This contract may not be signed by an agent for the property owner. A copy of this contract is attached to the ordinance codified in this section as Exhibit A, and will include, but not be limited to, the following requirements:

1. The property owner must waive any right to a final decision on the project permit application or concurrency determination by the dates established in the city code or in state law;

2. The property owner must release and covenant not to sue the city for any damages or liability that may be suffered by the applicant/property owner, developer or any third party as a result of the applicant’s decision to choose this alternative processing procedure without concurrency, or as a result of the city’s processing of the application under this procedure;

3. The property owner must agree to the city’s processing of the application up to the point where a final decision must be made, and no farther, until the expiration date established herein. If the city still does not have any capacity in the wastewater treatment plant by that time, the property owner must agree that the application is null, void and of no further effect unless both parties agree to an extension;

4. The parties to the agreement must acknowledge that while the city will extend the vested rights doctrine to certain applications, up to the expiration date established herein, the city will not extend the vested rights doctrine to permits that do not vest under state or local law, and no applications will be vested under the State Environmental Policy Act (SEPA);

5. The property owner must acknowledge that the city’s processing of applications subject to the vested rights doctrine will proceed under the codes in place at the time the complete application has been submitted (with the exception of SEPA), except for those codes that are specifically adopted to be retroactive;

6. The property owner must agree to pay all applicable processing fees, which may include a double fee for any SEPA review or review based on SEPA, including but not limited to evaluations for traffic concurrency;

7. The property owner must agree to a contract expiration date of November 30, 2010, and if the city has not announced that the wastewater treatment plant has available capacity for the project permit application by that date, the application will be null and void, and the property owner will be required to resubmit his/her application to begin the process anew, without any refund in fees.

C. Execution of Contract. Every contract executed by the property owner shall be presented to the city administrator. The city council hereby authorizes the city administrator to sign the contract attached to the ordinance codified in this section as Exhibit A on behalf of the city.

D. Alternative Processing without Concurrency. After contract execution, the city shall begin processing the application up to the point where a final decision must be made. In the case of a permit/approval that becomes final when a staff decision is made, the staff shall only write a draft report. In the case of a permit/approval that becomes final when a hearing examiner decision is made, the staff report shall also be in draft form, and the application shall not be scheduled for a hearing to the hearing examiner. For the SEPA threshold decision, see subsection E of this section.

E. Double-Stage SEPA Processing. The city’s processing of the application under SEPA shall proceed as set forth in the city’s codes and state law, except that no threshold decision shall issue. While the staff may prepare a draft threshold decision and even receive comments from the public/applicant on such draft, the threshold decision shall not issue for comment/appeal by the public under this procedure, until the city announces that the wastewater treatment plant has available capacity for the project permit application. There shall be no vesting of any regulations under SEPA.

F. Fees. The applicant shall pay the applicable project permit processing fees. In addition, if the city is required to issue a draft SEPA decision in order to ensure continued processing of an application, the applicant shall pay an additional fee for a second SEPA threshold decision (that would issue after capacity is available, as provided in subsection E of this section).

G. Order of Processing. The city shall process the applications in the order established by readiness for a final decision. In other words, once the staff has performed the last step in the process prior to the final decision or the hearing on the final decision, the application will be placed on the list. The applications on the list will be held until the city grants substantial completion of the Phase 1 improvements to the wastewater treatment plant, which will provide available capacity, but not later than November 30, 2010. At that point, the staff will issue the necessary final decisions or schedule the applications for hearing on the final decision. If no announcement of available capacity has been made by November 30, 2010, the applications will be null, void and of no further effect.

H. Reapplication. If the city does not grant substantial completion of the Phase 1 improvements to the wastewater treatment plant that will provide available capacity on or before November 30, 2010, and the applications that have been processed under this temporary, alternative procedure have been determined null, void and of no further effect, the applicants may submit new applications once the city announces that sewer capacity is available. The provisions of GHMC 19.06.007 shall not prevent reapplication of applications that have been determined invalid.

I. Utility Extension Agreements and Comprehensive Plan Amendments. This procedure is not available for utility extension agreements or comprehensive plan amendments. (Ord. 1187 § 1, 2010; Ord. 1114 § 1, 2007).