Chapter 14.10
GENERAL PROVISIONS

Sections:

14.10.010    Title.

14.10.020    Purpose and intent.

14.10.030    Definitions.

14.10.040    Applicability of definitions.

14.10.050    Time deadlines falling on nonbusiness days.

14.10.060    Stay of further permits in the event of appeal.

14.10.070    One-hundred-twenty-day time limit – Exceptions.

14.10.080    Permit conditions.

14.10.090    Assignability of permits.

14.10.100    Permit expiration and extensions.

14.10.110    Applications are binding.

14.10.120    Minor changes.

14.10.130    Resubmission of application.

14.10.140    Code interpretations.

14.10.150    Violations.

14.10.010 Title.

This title shall be entitled “development code administration.” The development code shall consist of BLMC Title 14, Development Code Administration, BLMC Title 15, Buildings and Construction, BLMC Title 16, Environmental Protection, BLMC Title 17, Divisions of Land, BLMC Title 18, Zoning, and BLMC Title 19, Concurrency Management. (Ord. 1505 § 1, 2015).

14.10.020 Purpose and intent.

A. The purpose of this title is guiding review of development in the city consistent with the city of Bonney Lake comprehensive plan, the Growth Management Act (Chapter 36.70A RCW), the Local Project Review Act (Chapter 36.70B RCW), the Land Use Petition Act (Chapter 36.70C RCW), the State Environmental Policy Act (Chapter 43.21C RCW), Plats – Subdivisions – Dedications (Chapter 58.17 RCW), the Shoreline Management Act (Chapter 90.58 RCW), and all regulations established in the associated Washington Administrative Code (WAC).

B. The intent of this title is to:

1. Combine, consolidate and streamline the application, review, approval and appeal processes for land development occurring in the city.

2. Describe the city’s land development procedures in clear, concise, and understandable terms.

3. Comply with state guidelines for combining and expediting development review.

4. Integrate environmental review with development review.

5. Provide applicants, staff, the public and decision-makers with necessary and sufficient information to enable more thorough review of activities and their impacts and to allow considered and comprehensive decisions.

6. Enable the director to take appropriate, timely enforcement actions.

7. Provide clear enforcement procedures to assure compliance with the development code.

8. Enhance public notice and encourage more opportunities to comment during development review. (Ord. 1505 § 1, 2015).

14.10.030 Definitions.

In the event of conflict between the following definitions and other definitions given in this development code, the following shall prevail:

A. “Area-wide” describes a land area containing four or more parcels, contiguous or noncontiguous, or comprising 40 or more acres, which area as an integral proposal is considered for a change in zoning or comprehensive plan designation; provided, that the director(s) may deem any proposal to be site-specific if the public interest will be better served by a quasi-judicial process than a legislative process.

B. “BLMC” means the Bonney Lake Municipal Code.

C. “BMP” means best management practice.

D. “Building code” means the codes adopted in Chapter 15.04 BLMC, and any amendments thereto.

E. “Building permit” means any permit issued by the building official, including building, plumbing, demolition, mechanical, and grading permits.

F. “Building official” means the city of Bonney Lake building official or designee.

G. “City” means the city of Bonney Lake, Washington.

H. “City council” means the city council of the city of Bonney Lake.

I. “Comprehensive plan” means the city of Bonney Lake comprehensive plan.

J. “Design commission” means the city of Bonney Lake design commission established pursuant to Chapter 2.60 BLMC.

K. “Development code” means BLMC Titles 14 through 19, including any maps adopted as part thereof.

L. “Development regulation” means a control placed on development or land use activities, as defined in RCW 36.70A.030.

M. “Director” means the community development director unless otherwise designated.

N. “Legislative actions” means amendments to the city’s comprehensive plan or development code, including area-wide amendments to any associated maps, but excluding adoption of state-adopted building codes.

O. “Planning commission” means the city of Bonney Lake planning commission established pursuant to Chapter 2.26 BLMC.

P. “Premises” means any real property or structure.

Q. “SEPA” means State Environmental Policy Act.

R. “Site-specific” means other than “area-wide” as defined in subsection A of this section. (Ord. 1505 § 1, 2015).

14.10.040 Applicability of definitions.

The definitions in BLMC 14.10.030 shall apply equally to the entire development code, BLMC Titles 14 through 19. (Ord. 1505 § 1, 2015).

14.10.050 Time deadlines falling on nonbusiness days.

Any time deadline established by this development code that falls on a Saturday, Sunday, and holidays established by BLMC 2.32.010(A) through (C) shall extend to the next business day. (Ord. 1505 § 1, 2015).

14.10.060 Stay of further permits in the event of appeal.

When any city action taken pursuant to the development code is administratively or judicially appealed, the director may stay further permit issuances for the use or improvement to which the appeal relates until the appeal has been settled. (Ord. 1505 § 1, 2015).

14.10.070 One-hundred-twenty-day time limit – Exceptions.

The following time periods shall not count toward the maximum of 120 days which can expire between the determination of completeness and the notice of decision:

A. Any period commencing with a request by the city that the applicant provide any further information or an environmental impact statement until the applicant provides said information.

B. Any period during which the applicant is not current in payment of city permit review fees or utility bills.

C. Any period during which a comprehensive plan or development regulation amendment is being processed preliminary to deciding upon a permit application.

D. Any period between the initial determination of completeness and any subsequent determination of completeness should the applicant substantially revise the proposal.

E. Any period during which any decision related to the permit application is being appealed.

F. Any period mutually agreed upon by the applicant and the city.

G. Saturdays, Sundays, holidays established by BLMC 2.32.010(A) through (C), and the days between December 25th and January 1st. (Ord. 1505 § 1, 2015).

14.10.080 Permit conditions.

A. In granting a permit and/or issuing a land use decision, the city may attach thereto such conditions as necessary to make the permit and/or land use decision compatible with the criteria applicable to that permit and/or land use decision and/or to mitigate the impacts associated with granting a permit.

B. The city may require, as a condition of any permit approval, the posting of a cash performance bond or other security sufficient to fulfill the requirements of this development code and any conditions upon which the permit is granted. (Ord. 1505 § 1, 2015).

14.10.090 Assignability of permits.

Development permits shall run with the land and be freely assignable. (Ord. 1505 § 1, 2015).

14.10.100 Permit expiration and extensions.

A. Unless a more specific provision applies to the type of permit, approved permits shall expire two years after the date of issuance if substantial progress has not been made toward realizing the permitted use or project, or within five years if construction has not been completed; except as provided in subsections B and C of this section.

B. An approved preliminary plat shall expire:

1. Within 10 years of the date of approval of the preliminary plat by the hearing examiner if the date of preliminary plat approval is on or before December 31, 2007.

2. Within seven years of the date of approval of the preliminary plat by the hearing examiner if the date of preliminary plat approval is on or before December 31, 2014.

3. Within five years of the date of approval of the preliminary plat by the hearing examiner if the date of preliminary plat approval is on or after January 1, 2015.

C. Expiration and extension of the following land use permits shall not be governed by this section:

1. Building permits;

2. Shoreline permits;

3. Repealed by Ord. 1580;

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

5. Any permits for which this development code establishes a specific permit expiration.

D. Permit applications not excepted above shall expire one year after any application dormancy or hold status, whether initiated by the applicant or during which the city waits for information it has requested of the applicant which is needed in order to process the application.

E. The director may extend the date of permit expiration for one year upon request by the applicant prior to said permit’s expiration.

F. Any extensions of time shall be based upon a finding of justifiable cause and that the land use permit is compliant with all applicable codes at the time of the extension request. The director shall not grant more than one permit extension. (Ord. 1580 § 11, 2017; Ord. 1505 § 1, 2015).

14.10.110 Applications are binding.

All aspects of the application shall be binding for the life of the project/building, including graphic representations such as site plans, building elevations, and related required materials. (Ord. 1505 § 1, 2015).

14.10.120 Minor changes.

The director may approve minor changes to the permitted proposal that do not create any additional lots or impacts, provided those changes are so insignificant that, in the director’s judgment, the changes would not have affected the decision of the original decision maker; and provided, that the proposal still complies with this development code. More substantial changes shall require a new permit. (Ord. 1505 § 1, 2015).

14.10.130 Resubmission of application.

Any permit application that is denied shall not be resubmitted or accepted by the city for reconsideration for a period of six months from the date of the last action by the city on the application or request. (Ord. 1505 § 1, 2015).

14.10.140 Code interpretations.

A. Upon request, the director(s) may interpret the provisions of development regulations subject to this chapter. Requests for interpretation shall be in writing and shall be specific as to the issue of interpretation. The director may decline to issue code interpretations when the code provision at issue is clear on its face or the request is not made in good faith. The director’s decision not to issue a code interpretation shall not be appealable.

B. Any final decision on a request for code interpretation shall be in writing and shall include:

1. Findings that relate to applicable development regulations, definitions, comprehensive plan policies or regional plans;

2. BLMC citation;

3. The context;

4. The interpretation; and

5. The reasoning for the interpretation.

C. The director shall apply said interpretations to future instances of like circumstances.

D. Code interpretations made by the director are appealable to the hearing examiner. Any code interpretation pursuant to this section resulting in or directly associated with a permit decision may be considered by the review authority during appeal proceedings for the underlying permit, unless said interpretation was specifically appealed according to the procedures contained herein prior to the permit decision. (Ord. 1505 § 1, 2015).

14.10.150 Violations.

It shall be a violation of this development code to:

A. Fail to comply with any of its provisions;

B. Proceed with a development without first obtaining a required permit;

C. Violate any condition of a permit issued pursuant to this development code;

D. Violate any order issued pursuant to this development code; and/or

E. Knowingly falsify any document required by this development code. (Ord. 1610 § 1, 2019).