Chapter 25.05
DEVELOPMENT STANDARDS1

Sections:

25.05.010    Adoption.

25.05.020    Scope.

25.05.025    Definitions.

25.05.030    Conflicts.

25.05.040    Administration.

25.05.050    Permissible alternative to development standards.

25.05.060    Variances.

25.05.070    Appeals.

25.05.080    Interpretation.

25.05.090    Inspection/testing fees.

25.05.100    Violations, penalties and enforcement.

25.05.010 Adoption.

The standards adopted by the ordinance codified in this title, and as may be hereafter amended, shall be referred to as the development standards. (Ord. 1109 § 1 (part), 1998).

25.05.020 Scope.

Unless otherwise specified, the development standards established in this chapter shall apply to all development projects that require a development permit, including but not limited to short subdivisions, subdivisions, binding site plans, planned unit developments, conditional use permits, shoreline substantial development permits, permits or approvals required by critical area ordinances, building permits, excavation permits and other construction permits. (Ord. 1109 § 1 (part), 1998).

25.05.025 Definitions.

Words and phrases appearing in this chapter shall have the meanings set out in Section 19.10.040. (Ord. 1411 § 6(e), 2010).

25.05.030 Conflicts.

Unless otherwise specified by federal or state regulations, in the event provisions of any ordinances or other titles of the Chelan Municipal Code conflict with provisions of this title, this title shall supersede and control. (Ord. 1109 § 1 (part), 1998).

25.05.040 Administration.

The public works director or his/her designee has the authority to administer and enforce these development standards and shall be responsible for any administrative interpretation thereof as required by Section 19.01.080, as now exists or as may be hereafter amended. (Ord. 1109 § 1 (part), 1998).

25.05.050 Permissible alternative to development standards.

A. The public works director shall have the authority to review a request from an applicant for deviations from the development standards; provided the deviation shall result in performance equal to or better than the original standards. The decision to approve or deny the request shall include consideration of written information submitted by the applicant which shall include the following:

1. The specific standard deviation(s) being requested.

2. An engineering report, calculations or documentation which indicates the requested alternatives shall result in performance equal to or better than the original standard.

3. Agreement to extend the city’s regulatory time frame under growth management, when applicable, to review and act on the request.

B. The public works director shall notify the applicant in writing of the decision as part of the normal permit review process. (Ord. 1109 § 1 (part), 1998).

25.05.060 Variances.

A. Variances to these development standards shall be consistent with the underlying permitting action as set forth in Section 19.01.030, as now exists or as may be hereafter amended. Application for a variance shall be made by petition, stating fully the grounds of the application and the facts relied upon by the petitioner. The variance may be granted only if the hearing body finds that all of the conditions set forth in Section 17.64.010, as now exists or as may hereafter be amended, are met.

B. A variance may be authorized only after a public hearing has been held on the variance application pursuant to those procedures set forth in Chapter 19.05 of the Chelan Municipal Code, as now exists or as may be hereafter amended. (Ord. 1109 § 1 (part), 1998).

25.05.070 Appeals.

Any appeal of the imposition of these development standards or interpretation thereof shall be made within fourteen calendar days of any final decision or interpretation pursuant to the appeal procedure set forth in Title 19 of this code and consistent with the appeal procedures for the underlying project permit application or approval as set forth in Section 19.01.030, as now exists or as may be hereafter amended. (Ord. 1109 § 1 (part), 1998).

25.05.080 Interpretation.

It is intended that this title set forth all standards necessary for design and construction for all development projects requiring development permits. In the event any design or standard has not been specifically addressed in this title, the city hereby adopts the current editions of the following publications and standards and incorporates the same herein as if fully set forth:

A. Current edition of “Standard Specifications for Road, Bridge and Municipal Construction,” published by Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association (WSDOT/APWA).

B. Current edition of “Accepted Procedure in Cross Connection Control,” Pacific Northwest Section, American Waterworks Association (AWWA).

C. Current “Standards, Material and Testing Procedures” published by the American Society of Testing Materials (ASTM). (Ord. 1109 § 1 (part), 1998).

25.05.090 Inspection/testing fees.

Fees for city costs, including administrative costs, for any inspection or test required to determine compliance with these development standards, shall be actual costs incurred. An inspection fee deposit will be required as per these development standards to cover said costs. (Ord. 1109 § 1 (part), 1998).

25.05.100 Violations, penalties and enforcement.2

Except as otherwise expressly provided, any violation of the city of Chelan development standards shall be enforced according to the uniform procedures set out in Chapter 2.80. (Ord. 1502 § 5 (Exh. V), 2015).


1

Code reviser’s note: Section 1 of Ordinance No. 1109 provides: “In addition to the provisions set forth in [this title], the provisions set forth in the compilation attached [to Ordinance No. 1109] entitled “City of Chelan Development Standards Manual” are hereby adopted by this reference to be included as sections of Title 25.” The Development Standards Manual was subsequently amended by multiple ordinances.


2

Code reviser’s note: Ord. 1502 adds this section as 25.05.020. It has been editorially renumbered to avoid duplication of numbering.