Chapter 14.35


14.35.010    Preapplication conference.

14.35.020    Permit application – Conformance with submittal requirements.

14.35.030    Application completeness.

14.35.040    Notice of application.

14.35.050    Timing of final decision.

14.35.060    Contents of Type 1 and Type 2 decisions.

14.35.070    Notice of final decision.

14.35.080    Limitations on refiling of applications.

14.35.090    Limitation on number of applications.

14.35.010 Preapplication conference.

(1) Prior to filing a permit application for a Type 2, Type 3 or Type 4 decision, the applicant shall contact the Department to schedule a preapplication conference, which shall be held prior to the applicant filing the application.

(2) The purpose of the preapplication conference is to review and discuss the application requirements with the applicant and provide comments on the development proposal. The preapplication conference shall be scheduled by the Department, upon the request of an applicant, and shall be held in a timely manner, within 30 days from the date of the applicant’s request. Nothing in this section shall be interpreted to require more than one preapplication conference or to prohibit the applicant from filing an application if the Department is unable to schedule a preapplication conference within 30 days following the applicant’s request.

(3) The Director shall establish procedures, reasonable schedules, and staff participation for preapplication conferences.

(4) An applicant wishing to submit a permit application more than 180 days following a preapplication for the same permit application shall be required to schedule another preapplication conference.

(5) The discussions at the conference shall not bind or prohibit the City’s future application or enforcement of all applicable law since it is impractical for a preapplication conference to be an exhaustive review of all potential issues. (Ord. 02-09 § 3)

14.35.020 Permit application – Conformance with submittal requirements.

The Department shall not commence review of any application set forth in this chapter until the applicant has submitted the materials specified for complete applications along with the required fees as set forth in the current fee resolution. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the Department that the materials submitted meet the requirements of this section. The Director may eliminate certain submittal requirements where not prohibited by law and where deemed necessary.

(1) Except as provided in subsection (2) of this section, all permit applications described in CMC 14.30.040 shall include the following:

(a) The appropriate application form provided by the Department and completed by the applicant;

(b) A certificate of sewer availability from the applicable sewer purveyor or site percolation data with preliminary approval by the Seattle-King County Health Department;

(c) A current certificate of water availability from the applicable water purveyor, or the Seattle-King County Health Department if for a private water system;

(d) A fire district receipt pursuant to CMC Title 15;

(e) A site plan, prepared in a form prescribed by the Director and further outlined in Chapter 10 of the Design and Construction Standards, adopted by Chapter 12.60 CMC;

(f) Proof that the lot or lots to be developed are recognized as a lot under this title;

(g) Location of critical areas and associated buffers within 50 feet of the site or a critical areas affidavit identifying that no critical area or associated buffers exist on or are adjacent to the site;

(h) A completed environmental checklist, if applicable per Chapter 16.10 CMC;

(i) Payment of any development permit review fees as set forth in the current fee resolution;

(j) A list of any permits or decisions applicable to the development proposal that have been obtained prior to filing the application or that are pending before the City or any other governmental entity;

(k) Certificate of transportation concurrency from the Department of Community Development, if required by Chapter 12.100 CMC;

(l) A determination if drainage review applies to the project pursuant to Chapter 13.25 CMC, and, if applicable, all drainage plans and documentation required by the stormwater manuals adopted pursuant to Chapter 13.25 CMC;

(m) Current Assessor’s maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision;

(n) Legal description of the site;

(o) Variances obtained or required under CMC Title 18 to the extent known at the date of application;

(p) Design deviations and design variance from the Construction and Design Standards, adopted in Chapter 12.60 CMC, to the extent known at the date of application;

(q) For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years; and

(r) Additional complete application requirements for the following land use permits are set forth in the following sections of the CMC:

(i) Grading permits, Chapter 14.60 CMC.

(ii) Tree removal permits, Chapter 18.45 CMC.

(iii) Construction permits, Chapter 15.05 CMC.

(iv) Mobile home permits, Chapter 15.05 CMC.

(v) Subdivision applications, short subdivision applications and binding site plan applications, Chapter 17.15 CMC.

A permit application is complete for purposes of this section when it meets the procedural submission requirements of the Department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the Director.

(2) The Director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application.

(3) The applicant shall attest by written oath to the accuracy of all information submitted for an application.

(4) Applications shall be accompanied by the payment of any applicable filing fees, review fees, processing fees, and other administrative fees, if any, as set forth in the current fee resolution.

(5) An applicant and the Department may agree to have a review, inspection, or permit approval completed by a Department-approved and hired contractor. For reviews, inspections, and permit approvals completed by a City-approved contractor, the applicable Department is authorized to charge the applicant the contract amount in addition to the applicable fee required by the current fee resolution for review, inspection, or permit fee.

(6) An applicant may request to have inspections conducted outside of normal business hours by submitting a timely request in writing to the Department of Community Development. If the Department agrees to conduct an off-hour inspection, it may charge the applicant an hourly fee in addition to the inspection fees set forth in the current fee resolution. (Ord. 08-13 § 3 (Exh. A); Ord. 13-09 § 18; Ord. 02-09 § 3)

14.35.030 Application completeness.

(1) Determination of Completeness. Within 28 days after receiving a permit application, the Department shall mail or provide a written determination to the applicant which states either: (a) that the application is complete or (b) that the application is incomplete and what is necessary to make the application complete.

(2) Identification of Other Agencies with Jurisdiction. To the extent known by the City, other agencies with jurisdiction over the project permit application shall be identified in the City’s determination required by subsection (1) of this section.

(3) Complete Application. A project permit application is complete for purposes of this section when it meets the submission requirements in CMC 14.35.020, as well as the submission requirements contained in the applicable section of the Covington Municipal Code. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The City’s determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action.

(4) Incomplete Application Procedure. For applications deemed to be incomplete, the Department will identify, in writing, the specific requirements or information necessary to constitute a complete application. The applicant will have one

60-day period to submit the required additional information. Upon submittal of the additional information, the Department will, within 14 days, issue a letter of completeness or identify what additional is required. If the additional information is not submitted within the 60-day period, the process will be terminated and the applicant will be required to submit a new application and fees.

(5) City’s Failure to Provide Determination of Completeness. An application shall be deemed complete if:

(a) The Department fails to provide written notice to the applicant within the 28-day period after the City initially receives the application; or

(b) The Department fails to provide written notice to the applicant within the 14-day period after submission of additional information required under subsection (4) of this section.

(6) Date of Acceptance of Application. When the project permit application is complete, the Director shall accept it and note the date of acceptance.

(7) The applicant shall designate a single person or entity to receive determination and notices required by this chapter. The single person or entity shall also be the designee for any contact regarding permit activity. (Ord. 02-09 § 3)

14.35.040 Notice of application.

A notice of application shall be issued on all permit applications requiring a Type 2, 3, or 4 decision in accordance with the provisions of CMC 14.40.010. (Ord. 02-09 § 3)

14.35.050 Timing of final decision.

(1) Final decisions by the City on all permits and approvals subject to the procedures of this chapter shall be issued within 120 days from the date the applicant is notified by the Department pursuant to this chapter that the application is complete. The following periods shall be excluded from this 120-day period:

(a) Any period of time during which the applicant has been requested by the Director, Planning Commission, Hearing Examiner or Council to correct plans, perform required studies or provide additional information, including street standard variances and variances required under Chapter 13.25 CMC. The period shall be calculated from the date of notice to the applicant of the need for additional information until the earlier of the date the Director advises the applicant that the additional information satisfies the Director’s request, or 14 days after the date the information has been provided. If the Director determines that the correction, study or other information submitted by the applicant is insufficient, the Director shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made.

(i) There shall be a 90-day deadline for the submittal of corrections, studies or other information when requested. An extension of this deadline may be granted upon submittal by an applicant of a written request providing satisfactory justification of an extension.

(ii) Failure by the applicant to meet such deadline shall be cause for the Director to deny the application.

(iii) When granting a request for a deadline extension, the Director shall give consideration to the number of days between receipt by the Director of a written request for a deadline extension and the mailing to the applicant of the Director’s decision regarding that request.

(b) The period of time, as set forth in Chapter 16.10 CMC, during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.

(c) A period of no more than 90 days for an open record appeal hearing by the Hearing Examiner on a Type 2 land use decision, and no more than 60 days for a closed record appeal by Superior Court on a Type 3 land use decision appealable to Superior Court, except when the parties to an appeal agree to extend these time periods.

(d) Any period of time during which an applicant fails to post the property, if required by this chapter, following the date notice is required until an affidavit of posting is provided to the Department by the applicant.

(e) Any time extension mutually agreed upon by the applicant and the Director.

(2) The time limits established in this section shall not apply if a proposed development:

(a) Requires an amendment to the comprehensive plan or a development regulation, or modification or waiver of a development regulation as part of a demonstration project;

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

(c) Is substantially revised by the applicant, when such revisions will result in a substantial change in a project’s review requirements, as determined by the Department, in which case the time period shall start from the date at which the revised project application is determined to be complete.

(3) If the Department is unable to issue its final decision within the time limits established by 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 final decision.

(4) The Department shall require that all subdivisions, short subdivisions, building permits, grading permits, conditional use permits, site development permits, shoreline substantial development permits, and binding site plans issued for development activities on or within 500 feet of designated agricultural lands, forest lands or mineral resource lands shall contain a notice that the subject property is within or near designated agricultural lands, forest lands or mineral resource lands on which a variety of activities may occur that are not compatible with residential development for certain periods of limited duration. (Ord. 02-09 § 3)

14.35.060 Contents of Type 1 and Type 2 decisions.

(1) Type 1 and Type 2 decisions shall be based upon compliance with the required showings of the Covington Municipal Code.

(2) The written decision contained in the record shall show:

(a) Facts, findings, and conclusions supporting the decision and demonstrating compliance with the applicable decision criteria; and

(b) Any conditions and limitations imposed, if the request is granted. (Ord. 02-09 § 3)

14.35.070 Notice of final decision.

A notice of final decision shall be issued on all permit applications requiring a Type 2, 3, or 4 decision in accordance with the provisions of CMC 14.40.030. (Ord. 02-09 § 3)

14.35.080 Limitations on refiling of applications.

Upon denial of an application by the Hearing Examiner or the City Council, no new application for substantially the same proposal shall be accepted within one year from the date of denial. (Ord. 02-09 § 3)

14.35.090 Limitation on number of applications.

The City shall not accept more than one application for a development proposal for each development site at any one time. (Ord. 02-09 § 3)