40.510.010    Type I Process – Ministerial Decisions

A.    Review for Counter Complete Status.

1.    Before accepting an application for review for fully complete status, and unless otherwise expressly provided by code, the responsible official shall determine the application is counter complete.

2.    The responsible official shall decide whether an application is counter complete when the application is submitted, typically “over the counter.”

3.    In order to review the applicable requirements with the applicant and to expedite the review process, a preliminary review meeting is strongly encouraged prior to submittal of an application for final site plan/final construction plan.

a.    To request a preliminary review meeting, an applicant shall submit a completed form provided by the responsible official for that purpose. The applicant is encouraged to provide in advance or bring to the meeting all available draft application submittal requirements.

b.    The responsible official shall coordinate the involvement of agency staff. Relevant staff shall attend the preliminary review meeting or shall take other steps to fulfill the purposes of the meeting.

c.    If feasible, the preliminary review meeting shall be scheduled not more than fourteen (14) calendar days after the responsible official accepts the request for a preliminary review meeting.

4.    An application is counter complete if the responsible official finds that the application purports and appears to include the information required by Section 40.510.010(B); provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter complete review process. Required information which has been waived by the responsible official shall be replaced by a determination from the responsible official granting the waiver.

5.    If the responsible official decides the application is counter complete, then the application shall be accepted for review for fully complete status; provided, that for final plat applications, submittal requirements may be requested and reviewed in increments established by the responsible official.

6.    If the responsible official decides the application is not counter complete, then the responsible official shall immediately reject and return the application and identify what is needed to make the application counter complete.

(Amended: Ord. 2017-07-04)

B.    Review for Fully Complete Status.

1.    Except as noted below, before accepting an application for processing, the responsible official shall determine that the application is fully complete.

a.    Final plat applications shall not be deemed fully complete until all of the required materials specified in Section 40.540.070 have been submitted; however, the responsible official may establish application procedures to allow final plat applications to be processed in increments in advance of a fully complete application.

b.    Pursuant to Section 40.510.010(C)(2), applications for approval of final site plan/final construction plan shall be reviewed for completeness and correctness concurrently.

2.    The responsible official shall decide whether an application is fully complete subject to the following:

a.    Within twenty-one (21) calendar days after the responsible official determines the application is counter complete; or

b.    Within fourteen (14) calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete.

3.    An application is fully complete if it includes all the required materials specified in the submittal requirements for the specific development review application being applied for and additional materials specified in the pre-application conference. If submittal requirements are not specified in the applicable code sections the application is fully complete if it includes the following:

a.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;

b.    The signature of the property owner or the property owner’s authorized representative;

c.    A legal description supplied by the Clark County Survey Records Division, a title company, surveyor licensed in the state of Washington, or other party approved by responsible official, and current County Assessor map(s) showing the property(ies) subject to the application;

d.    The applicable fee(s) adopted by Council for the application(s) in question;

e.    An application shall include all of the information listed as application requirements in the relevant sections of this code.

(1)    The responsible official may waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed as a Type I process before applications are submitted for counter complete review or the application must contain all the required information;

(2)    The decision about the fully complete status of an application, including any required engineering, traffic or other studies, shall be based on submittal requirements listed in Section 40.510.050 and other applicable submittal requirements and shall not be based on the quality or technical accuracy of the submittal;

f.    Any applicable SEPA document, typewritten or in ink and signed.

4.    If the responsible official decides an application is not fully complete, then, within the time provided in Section 40.510.010(B)(2), the responsible official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete.

a.    The statement shall specify a date by which the required missing information must be provided to restart the fully complete review process pursuant to Section 40.510.010(B)(2)(b). The statement shall state that an applicant can apply to extend the deadline for filing the required information, and explain how to do so.

b.    The statement also may include recommendations for additional information that, although not necessary to make the application fully complete, is recommended to address other issues that are or may be relevant to the review.

5.    If the required information is not submitted by the date specified and the responsible official has not extended that date, within seven (7) calendar days after that date the responsible official shall take the action in Sections 40.510.010(B)(5)(a), (B)(5)(b) or (B)(5)(c). If the required information is submitted by the date specified, then within fourteen (14) calendar days the responsible official shall decide whether the application is fully complete and, if not, the responsible official shall:

a.    Reject and return the application and scheduled fees and mail to the applicant a written statement which lists the remaining additional information needed to make the application fully complete; or

b.    Issue a decision denying the application, based on a lack of information; or

c.    The responsible official may allow the applicant to restart the fully complete review process a second time by providing the required missing information by a date specified by the responsible official, in which case the responsible official shall retain the application and fee pending expiration of that date or a fully complete review of the application as amended by that date.

    If the responsible official decides an application is fully complete, then the responsible official shall begin processing the application pursuant to Section 40.510.010(C).

6.    A fully complete determination shall not preclude the county from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposed action occur.

(Amended: Ord. 2006-05-01; Ord. 2012-07-03; Ord. 2017-07-04; Ord. 2019-05-07)

C.    Procedure.

1.    Except for applications for approval of final site plan/final construction plan, the responsible official shall approve, approve with conditions, or deny the application within twenty-one (21) calendar days after the date the application was accepted as fully complete. An applicant may request in writing to extend the time in which the responsible official shall issue a decision, provided the county receives the request within the twenty-one (21) day period. If the responsible official grants such a request, the responsible official may consider new evidence the applicant introduces with or subsequent to the request.

2.    Applications for Approval of Final Site Plan/Final Construction Plan.

a.    Initial Review. Initial review shall be completed within twenty-one (21) calendar days of a counter-complete submittal. During the initial review, the plans shall be reviewed for completeness and correctness and the responsible official shall identify errors, omissions or inaccuracies in the application. The submittal shall also be reviewed by county staff for compliance with additional requirements including, but not limited to, wetland review, required dedications, and approval letters from other agencies. County staff shall notify the applicant or the applicant’s representative when the reviewed submittal materials are available to be picked up and, unless waived by the responsible official, shall schedule a meeting with the applicant or the applicant’s representative to review county staff’s comments.

(1)    If, after the initial review, the responsible official concludes that the application complies with the requirements of the code the responsible official shall issue a decision pursuant to Section 40.510.010(C)(2)(d).

(2)    If, after the initial review, the responsible official concludes that the application does not comply, the applicant shall amend the application and submit the amended application to the county for a second review.

b.    Second Review. The second review shall be completed within fourteen (14) calendar days of the submittal of corrected plans. County staff shall notify the applicant or the applicant’s representative when the reviewed submittal materials are available.

(1)    If, after the second review, the responsible official concludes that the application complies with the requirements of the code, the responsible official shall issue a decision pursuant to Section 40.510.010(C)(2)(d).

(2)    If, after the second review, the responsible official concludes that the application does not comply, the applicant shall amend the application and submit the amended application to the county for a third review.

c.    Third Review. The third review shall be completed within seven (7) calendar days of the submittal of corrected plans. Upon completion of the third review, the responsible official shall issue a decision pursuant to Section 40.510.010(C)(2)(d).

d.    Within five (5) calendar days of the completion of the county’s review, the responsible official shall approve or deny the application; provided:

(1)    An applicant may request additional reviews (fourth review, etc.). Such a request shall be made in writing and shall be accompanied by the fees required for such additional reviews.

(2)    An applicant may request in writing to extend the time in which the responsible official shall issue a decision. The responsible official may consider new evidence the applicant introduces with or after such a written request.

3.    Notice of a decision regarding a Type I process shall be mailed to the applicant and applicant’s representative within seven (7) days of the issuance of the decision. The applicant may appeal the decision pursuant to Section 40.510.010(E) or may apply for post-decision changes pursuant to Section 40.520.060.

4.    Notice of Agricultural, Forest or Mineral Resource Activities.

a.    All plats, building permits or development approvals under this title issued for residential development activities on, or within a radius of five hundred (500) feet for lands zoned agriculture-wildlife (AG-WL), agriculture (AG-20), forest (FR-40 and FR-80), or surface mining (S), or in current use pursuant to Chapter 84.34 RCW, shall contain or be accompanied by a notice provided by the responsible official. Such notice shall include the following disclosure:

The subject property is within or near designated agricultural land, forest land or mineral resource land (as applicable) on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Potential discomforts or inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four (24) hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.

b.    In the case of subdivisions or short plats, such notice shall be provided in the Developer Covenants to Clark County; in the case of recorded binding site plans, such notice shall be recorded separately with the County Auditor.

(Amended: Ord. 2005-04-12; Ord. 2016-06-12; Ord. 2017-07-04)

D.    Vesting.

1.    Type I applications shall be considered under the land development regulations in effect at the time a fully complete application for preliminary approval is filed; provided, an application which is subject to pre-application review shall earlier contingently vest on the date a complete pre-application is filed, which contingent vesting shall become final if a fully complete application for substantially the same proposal is filed within one hundred eighty (180) calendar days of the date the review authority issues its written summary of pre-application review.

2.    Special rules apply to certain nonconforming uses under Section 40.530.050.

3.    For concurrency approval requirements, see Section 40.350.020.

E.    Appeals.

1.    Applicability. A final decision regarding an application subject to a Type I procedure may be appealed by any interested party. Final decisions may be appealed only if, within fourteen (14) calendar days after written notice of the decision is mailed, a written appeal is filed with the responsible official. Final site plan and final construction plan decisions are not subject to administrative appeals under this section.

2.    Submittal Requirements. The appeal shall contain the following information:

a.    The case number designated by the county and the name of the applicant;

b.    The name and signature of each petitioner and a statement showing that each petitioner is entitled to file the appeal under Section 40.510.020(E)(1). If multiple parties file a single petition for review, the petition shall designate one (1) party as the contact representative for all contact with the responsible official. All contact with the responsible official regarding the petition, including notice, shall be with this contact representative;

c.    The specific aspect(s) of the decision being appealed, the reasons why each aspect is in error as a matter of fact or law, and the evidence relied on to prove the error; and

d.    The appeal fee adopted by Council; provided, the fee shall be refunded if the appellant files with the responsible official at least fifteen (15) calendar days before the appeal hearing a written statement withdrawing the appeal.

3.    Appeal Decision.

a.    The hearing examiner shall hear appeals, other than appeals of final site plan/final construction plan decisions, in a de novo hearing. Notice of an appeal hearing shall be mailed to parties of record, but shall not be posted or published. A staff report shall be prepared, a hearing shall be conducted, and a decision shall be made and noticed and can be appealed as for a Type III process.

b.    Except for SEPA appeals which are governed by RCW 43.21C.075, the applicant shall have the burden of proving by substantial evidence compliance with applicable approval standards. Where evidence is conflicting, the examiner shall decide an issue based upon the preponderance of the evidence.

(Amended: Ord. 2007-11-13; Ord. 2019-05-07)