Chapter 20.20
PROCESSES FOR ALL PROJECT PERMIT APPLICATIONS
Sections:
20.20.020 Determination of director.
20.20.050 Submittal requirements.
20.20.060 Submittal requirements waived.
20.20.080 Action on project permit applications.
20.20.010 Purpose.
The purpose of this chapter is to list items that are common to all project permit applications. (Ord. 13-19 § 2, 2019).
20.20.020 Determination of director.
(1) The director shall determine the proper procedure for all development applications.
(2) If there is a question as to the appropriate type of procedure, the director shall resolve it in favor of the higher procedure type letter as defined in BMC 20.08.030.
(3) The director’s determination is an A-1 decision. (Ord. 13-19 § 2, 2019).
20.20.030 Consolidation.
Project permit applications shall be consolidated into one project file if requested by the applicant in accordance with BMC 20.24.020. (Ord. 13-19 § 2, 2019).
20.20.040 Application forms.
Applications for project permits shall be submitted upon forms provided by the director. (Ord. 13-19 § 2, 2019).
20.20.050 Submittal requirements.
A project permit application shall consist of all materials required by the applicable development regulations, and shall include the following general information:
(1) A completed project permit application form;
(2) A SEPA checklist if required by the SEPA official;
(3) 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 written consent of all owners of the affected property. A photocopy of the property deeds shall be provided;
(4) A property and/or legal description of the site, as required by the applicable development regulations;
(5) The applicable fee;
(6) A site plan, showing the proposal, points of access and utilities, and identifying all easements, deeds, restrictions, or other encumbrances restricting the use of the property, if applicable;
(7) For all permits that require public notices, assessor’s maps and a list of tax parcels and their owners for all properties within 300 feet of the property and properties to which public notice must be sent as provided in BMC 20.28.080;
(8) Any supplemental information or special studies identified by staff, together with the preapplication notes for A-2 and C-2 permits;
(9) In addition to requirements of this section, complete application requirements for the land use permits set forth in other chapters of the Buckley Municipal Code;
(10) For A-2 and C-2 permits, a statement indicating how the project will not reduce transportation levels of service within the time required by RCW 36.70B.040;
(11) A statement verifying the project’s likely consistency with city codes, and the goals and policies of the comprehensive plan. (Ord. 13-19 § 2, 2019).
20.20.060 Submittal requirements waived.
The director may waive specific submittal requirements determined to be unnecessary for review of an application. In such event, the director shall document the waiver in the project file or project log. (Ord. 13-19 § 2, 2019).
20.20.070 Time requirements.
The director shall issue a notice of final decision for project permit applications within 120 days of the issuance of the determination of completeness pursuant to BMC 20.28.040; provided, that the time period for issuance of a notice of final decision on a preliminary plat and preliminary short plat shall be 90 days and for a final plat or final short plat 30 days to the extent that these shorter time periods are mandated by state law and only if those applications have not been returned to the applicant for further information. Plat applications returned for further information shall have their notices of final decision issued within 120 days subject to the exclusions identified below.
(1) In calculating the 120-day period 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;
(i) 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 for calculating the exclusion period shall apply;
(b) Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW. The time period for preparation of an EIS shall be governed by Chapter 43.21C RCW;
(c) 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;
(d) Any remand to the planning commission, hearing examiner or director;
(e) Any period during which the applicant has failed to pay any applicable fees or deposits after having been notified of such by the city shall be excluded from the time period in this chapter;
(f) Any extension of time mutually agreed to by the director and the applicant.
(3) If the city is unable to issue its final decision on a project permit application within the time limits provided for in 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 notice of decision.
(4) The time limits established in this title 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;
(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 BMC 20.28.070 and RCW 36.70B.070.
(5) All hearing examiner decisions shall be issued within 10 working days as required by RCW 35A.63.170. (Ord. 13-19 § 2, 2019).
20.20.080 Action on project permit applications.
A decision or recommendation on a project permit application shall include one of the following actions:
(1) Approve;
(2) Approve with additional conditions;
(3) Modify, with or without the applicant’s concurrence; provided, that the modifications do not:
(a) Enlarge the area or scope of the project unless the increase is due to added mitigation;
(b) Increase the density or proposed building size; or
(c) Significantly increase adverse environmental impacts;
(4) Deny without prejudice (reapplication or resubmittal is permitted);
(5) Deny with prejudice (reapplication or resubmittal is not allowed for one year); or
(6) Remand for further proceedings and/or evidentiary hearing in accordance with BMC 20.20.090. (Ord. 13-19 § 2, 2019).
20.20.090 Remand.
A hearing may only be re-opened upon remand if consistent with the one hearing rule of the Regulatory Reform Act, Chapter 36.70B RCW. In the event the decision maker in an administrative appeal or upon receipt of a recommendation for a project permit application determines that the administrative record or decision or recommendation of the lower review authority is insufficient, inadequate or otherwise flawed for the reasons identified below, the decision maker may remand the matter back to the lower or proper review authority issue revised or additional findings of fact and conclusions of law. Remand is available upon a showing of:
(1) Improper authority as a review authority or grounds for disqualification of those taking the agency action;
(2) Unlawfulness of procedure or of decision-making process;
(3) Mistake of material facts or errors in law; or
(4) Incomplete record. (Ord. 13-19 § 2, 2019).
20.20.100 Reconsideration.
An applicant, the city or a party to a public hearing or closed record appeal may seek reconsideration of a recommendation or a decision of a review authority on a project permit application by filing a written request for reconsideration with the community development department within 10 calendar days following issuance of the written recommendation or final decision.
(1) All requests for reconsideration shall state specific errors of facts or law.
(2) The review authority shall consider the request and may schedule argument and/or briefing on the reconsideration request.
(3) A decision upon reconsideration may be revised to correct for errors in law or material fact or as otherwise necessary to avoid invalidation of the decision or recommendation.
(4) A decision or recommendation is not final until after a decision on the reconsideration request has been issued.
(5) Additional evidence may only be admitted for a reconsideration request as authorized under the one hearing rule of the Regulatory Reform Act, Chapter 36.70B RCW.
(6) Decisions on reconsideration requests issued by the hearing examiner or other review authorities who do not have regularly scheduled meetings shall be issued within 10 working days of the date the record is closed on the reconsideration request.
(7) Decisions upon reconsideration issued by review authorities with regularly scheduled meetings shall be issued by the next regularly scheduled meeting after the reconsideration request has been reviewed unless additional time is necessary upon a showing of good cause, such as lack of a quorum.
(8) Recommendations in staff reports to any review authority shall not be subject to reconsideration. (Ord. 13-19 § 2, 2019).
20.20.110 Notice.
Permits that require notices are listed in the table in BMC 20.08.030. (Ord. 13-19 § 2, 2019).
20.20.120 Appeals.
All permits can be appealed in accordance with the table in BMC 20.08.030. (Ord. 13-19 § 2, 2019).