Chapter 14.05
ADMINISTRATION
Sections:
14.05.010 Roles and responsibilities.
14.05.020 Community Development Director.
14.05.025 Public Works Director.
14.05.040 Planning Commission.
14.05.010 Roles and responsibilities.
A. The regulation of land development is a cooperative activity including many different elected and appointed officials, decision-making bodies, and City staff. The specific responsibility of these parties is set forth below.
B. A developer is expected to read and understand the adopted City plans and development regulations and be prepared to fulfill the obligations placed on the developer by FMC Titles 14 through 18. (Ord. 1396 § 2, 2006)
14.05.015 EAGLE Board.
A. Definitions. The following terms shall have the following definitions for this section:
1. “Board” means the EAGLE Board. Within the context of this chapter, when acting as the Design Review Committee, all references to the EAGLE Board shall also mean the Design Review Committee.
2. “City” means the City of Ferndale.
3. “Board member” means an individual appointed to serve on the EAGLE Board.
4. “Council” means the Ferndale City Council.
5. “Ex-officio consultant” shall mean nonvoting consultants retained by the EAGLE Board to provide specific expertise in technical evaluations.
6. “Subcommittee” means a subset consisting of two or more members of the EAGLE Board.
7. “Mayor” means the Ferndale Mayor.
8. “Design Review Committee” shall mean the EAGLE Board, acting as the Design Review Committee pursuant to Chapter 18.35 FMC.
B. Purpose and Establishment. The EAGLE Board is established for the purposes of providing additional review and direction to the City and applicants with regard to the City’s EAGLE program, and to act as the City’s Design Review Committee pursuant to Chapter 18.35 FMC.
1. EAGLE Program. The City recognizes that the EAGLE program is strengthened by establishing a citizen board that will identify site-specific and project-specific flexibility within the parameters of the EAGLE program. To these ends, there is established an EAGLE Board whose purpose is to work constructively with applicants in order to approve proposed EAGLE checklists, mitigation measures, and associated points. The Board shall make its findings to the Community Development Director and staff, which will incorporate the Board’s decision into subsequent staff approvals, if applicable.
Unless otherwise noted, EAGLE Board decisions made prior to formal application for development permits shall be valid for one year, with the potential for a one-year extension granted by the EAGLE Board. Expiration of preapplication decisions shall require re-review.
EAGLE Board decisions made following formal application of development permits shall be valid for the life of the permit.
2. Design Review Committee. The City recognizes that the review of design of multifamily buildings and developments proposed subject to Chapter 18.35 FMC is inherently subjective, and that from time to time City staff and project applicants may be unable to reach consensus over specific design elements or methodology. The EAGLE Board is established as the City’s Design Review Committee for the purposes of arbitrating differences between City staff and applicants, and to participate in the design review of multifamily applications proposed pursuant to Chapter 18.35 FMC, when the project design deviates from those design options contained in Chapter 18.35 FMC, in the judgment of the Community Development Director.
a. In evaluating design compliance, the EAGLE Board acting as the Design Review Committee shall be subject to the limitations of FMC 18.35.150.
b. When convening the Design Review Committee, the Community Development Director shall select three of the five EAGLE Board members to participate in design review. The Community Development Director shall make their selections based on the following considerations, in order:
i. The Community Development Director shall first eliminate any members who have a current interest in the development proposal to be reviewed or direct professional relationship with an applicant;
ii. The Community Development Director shall then eliminate any members who have a previous interest in the development, or a previous direct professional relationship with an applicant;
iii. If no current or previous interest is known to exist, or if more than two members have an interest, the Community Development Director shall select remaining members at random.
C. Membership and Terms. The Board shall consist of five members, appointed as follows:
Members shall be appointed by the Mayor and confirmed by a vote of the majority of the City Council. Three members shall be appointed for an initial term of two years and two members shall be appointed for an initial term of four years. Thereafter all appointments shall be for a term of four years. Positions and their expiration dates shall be assigned as follows: Positions No. 1, 2, and 3 terms expire on April 30th of odd years, beginning April 30, 2017. Positions No. 4 and 5 terms expire on April 30th of odd years, beginning April 30, 2019. The provisions of Chapter 2.32 FMC shall also apply to this section. The Community Development Director and Public Works Director, or their designees, shall be nonvoting members of the Board, and shall provide the Board with staff reports, which shall include a review of the application being considered and recommendations for appropriate points and approval or denial.
D. Qualifications. Qualifications for appointment to the Board are as follows:
Members shall be appointed upon the basis of demonstrated interest in, and knowledge and support of, two or more of the following when applied to land development and/or construction: environmental efficiency, advanced technologies, greater good, low impact, and local economy. At least three members of the Committee shall reside within the City limits at the time of their appointment and throughout their terms in office. Up to two members may be nonresidents who live in the Ferndale School District or whose main employment is with a business located within the Ferndale City limits. Current members of the Ferndale Downtown Development Association (FDDA), the Economic Development Committee (EDC), and the Parks, Recreation and Trails Board (PRTB) are preferred. Due to potential conflict of interest reasons, current members of the City of Ferndale Planning Commission are not eligible for the EAGLE Board.
E. Vacancies and Removal. Vacancies resulting from any cause shall be filled by appointment by the Mayor and confirmed by the majority vote of the City Council. The appointment shall be for the unexpired term. If a member is absent from three consecutive regular meetings, unless by permission expressed in the Board minutes, or if they cease to comply with the provisions of subsection (D) of this section, their office shall become vacant and shall be so declared by the City Council. The provisions of Chapter 2.32 FMC shall also apply.
F. Election of Officers. The officers of the Board shall be a chairperson, vice-chairperson, and secretary-treasurer. They shall be elected for a term of one year at the first meeting of the year. The chairperson shall preside at all meetings, appoint all subcommittees and their members, execute all documents authorized by the Board, and may serve as an ex officio member of all subcommittees. The vice-chairman, in the absence of the chairman or his/her inability to act, shall preside at all meetings and perform all other duties of the chairman. The secretary-treasurer shall record minutes of all meetings, keep a record of its business proceedings, issue notice of all regular and special meetings and shall perform all other duties as are generally associated with this office.
G. Compensation and Conflict of Interest. Members shall serve without compensation from the City, or from any trust, donation, or legacy to the City; provided, that members may be reimbursed for necessary expenses related to their duties that have been previously authorized by the City Council and included in the annual City budget.
Members of the Board shall comply with all aspects of Chapter 42.23 RCW, Code of Ethics for Municipal Officers, and shall not have any direct or indirect financial interest in any transportation activities of the City.
H. Powers and Duties. The Board shall have the following powers and duties:
1. Review and, if possible, approve all EAGLE checklists submitted to the City of Ferndale, including appropriate points;
2. Recommend the adoption of such ordinances, rules, and regulations as it may deem necessary for the administration of the EAGLE program of the City;
3. Recommend the adoption of such new indicators and associated points that are proposed to the City of Ferndale;
4. Recommend the revision of such existing indicators and associated points, as deemed necessary;
5. Recommend the removal of such existing indicators, as deemed necessary;
6. To review and refer complaints concerning the EAGLE program to the appropriate City department;
7. To facilitate the resolution of disagreements between staff and the applicant regarding the completed EAGLE checklist;
8. To advise the Council on a regular basis on matters related to the EAGLE program;
9. To identify appropriate site-specific and project-specific conditions that may warrant point flexibility;
10. To become educated and to educate other citizens on the nuances of the EAGLE program;
11. Perform such other duties related to the EAGLE program as the Council or Community Development Director may require;
12. Consider design elements of multifamily development projects for the purpose of reviewing proposals that deviate from the design requirements of Chapter 18.35 FMC, and/or to resolve design-related differences of opinion between City staff and the project applicant;
13. Where appropriate, to recommend to City staff modifications to Chapter 18.35 FMC that may be considered by the Ferndale Planning Commission and Ferndale City Council;
14. To confine the scope of design review to those issues specifically identified by the City and project applicant, and to in no case attempt to expand the review to other architectural, design, or development features that have already been resolved.
I. Meetings and Records. The Board shall meet as often as is necessary and all of its meetings shall be open to the public and subject to the Open Meetings Act. Special meetings may be called by the chairperson or a majority of the Board. A quorum shall be a majority of the members. No recommendation of the Board shall be valid without the affirmative vote of at least three members. The Board shall keep a record, which shall be available for public inspection, of all of its proceedings and recommendations. The Board shall make a written report to the City Council quarterly and be available to update the City Council during the year.
J. Rules and Procedures (Bylaws). The Board shall adopt and amend, by the affirmative vote of a majority of the members, rules and procedures (bylaws) for the conduct of the Board’s business. Such rules and procedures shall be submitted to the Council for approval and shall not become effective until such Council approval is given.
K. Council and Staff Support. The Community Development Director or their designee will attend all EAGLE Board meetings and will supply the Board with all necessary staff reports, reviews, and data necessary for the Board to make informed decisions and recommendations. Staff will be required to present to the Board their findings and recommendations for each application and/or alteration to the EAGLE program.
L. Savings and Severability. If any provision, or portion thereof, contained in this section is held to be unconstitutional, invalid, or unenforceable, said provision, or portion(s) thereof, shall be deemed severed and the remainder of this section shall be unaffected and shall remain in full force and effect. (Ord. 2026 § 3 (Exh. 3), 2017; Ord. 1954 § 1 (Exh. 1), 2016; Ord. 1485 § 1, 2008)
14.05.020 Community Development Director.
A. Authority. The Community Development Director is responsible for the administration of FMC Titles 14, 15, 16, 17 and 18 and the shoreline master program, and shall have the authority to act on:
1. Administrative Interpretations. The Community Development Director is vested with the authority to interpret the meaning of the provisions of FMC Titles 14, 15, 16, 17 and 18, and the shoreline master program as required to reasonably administer said provisions on a day-to-day basis. In addition, any citizen may request a formal interpretation of these code provisions by submitting a written request to the Community Development Director. The Community Development Director shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within 30 days. Formal written requests for code interpretation shall concisely identify the issue and desired interpretation.
2. Administrative Decisions. Administrative decisions as set forth in Chapter 14.09 FMC, except those noted as requiring approval of the Public Works Director.
3. Administrative Conditional Use Permits. Review of conditional use applications eligible for administrative review when no public comments or requests for hearings are submitted, or the review of conditional use applications eligible for administrative review when the Director determines that a full review of such permits can be completed administratively. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1396 § 2, 2006)
14.05.025 Public Works Director.
A. Authority. The Public Works Director is responsible for the administration and interpretation of development-related portions of FMC Titles 15, 16, 17 and 18 not otherwise delegated to the Community Development Director, or other development-related permits or approvals that may be included in other titles of this code, including, but not limited to, FMC Titles 8, 10, 12 and 13.
1. Administrative Interpretations. The Public Works Director is vested with the authority to interpret the meaning of those provisions of the above referenced titles as required to reasonably administer said provisions on a day-to-day basis. In addition, any citizen may request a formal interpretation of these code provisions by submitting a written request to the Public Works Director. The Public Works Director shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within 30 days. Formal written requests for code interpretation shall concisely identify the issue and desired interpretation.
2. Administrative Decisions. Administrative decisions as set forth in Chapter 14.09 FMC, except those noted as requiring approval of the Community Development Director. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1396 § 2, 2006)
14.05.030 Hearings Examiner.
A. Authority. The Hearings Examiner shall have the authority to receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact and conclusions based upon these facts. Such conclusions shall represent the final action on the application or issue, unless appealed, as specified in this chapter. The Examiner’s decision shall be based upon the Comprehensive Plan, shoreline master program, land use regulatory codes of the City, or any other applicable ordinances adopted by the City Council. Hearings Examiner hearings and other proceedings not fully described in this chapter shall follow the rules contained in procedural rules for City of Ferndale Hearings Examiner, codified in Chapter 14.17 FMC. Should conflicts occur between this chapter and the procedural rules, the procedural rules shall prevail.
B. The Hearings Examiner may hold at least one regular meeting in each month when there is business to transact and shall adopt rules for transaction of business.
C. The Hearings Examiner shall keep a public record of its meetings, findings, recommendations, and decisions.
D. The Hearings Examiner shall cause to be made a verbatim record of its proceedings either by tape recording or other means to be kept available for transcription in the event of an appeal of a decision by the Hearings Examiner.
E. When acting upon land use applications, the Examiner may attach any reasonable conditions found necessary to make such project compatible with its environment and to carry out the goals and policies of the City’s Comprehensive Plan, shoreline master program, critical areas ordinance, or other applicable plans or programs adopted by the City Council.
F. The Hearings Examiner is appointed by the Mayor and approved by the City Council for a three-year term. The Hearings Examiner may be removed by the Mayor for cause with approval by the City Council.
G. The Hearings Examiner shall review, hold hearings where applicable, and take final action on the following:
1. Conditional use permit applications;
2. Zoning variance applications;
3. Short plat variances;
4. Shoreline variance applications;
5. Shoreline conditional use permit applications;
6. Shoreline substantial development permit applications;
7. Consolidated discretionary permit applications;
8. Preliminary plats;
9. Plat variances.
H. The Hearings Examiner shall review, hold hearings where applicable and make recommendations to the City Council, who shall take final action, on the following:
1. Planned unit developments.
I. The Hearings Examiner shall review, hold hearings where applicable, and take final action on the following:
1. Appeal of SEPA threshold determinations.
2. Appeal of administrative decisions and interpretations pertaining to FMC Titles 15, 16, 17, 18 or other development-related portions of the Municipal Code, and the shoreline master program.
3. Appeal of administrative decisions and interpretations pertaining to City development standards, and other applicable design standards and guidelines. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1972 § 2, 2016; Ord. 1883 § 2, 2015; Ord. 1396 § 2, 2006)
14.05.040 Planning Commission.
A. The City Planning Commission is established and granted that authority expressed and necessarily implied by the provisions of this title. The Planning Commission shall consist of seven members appointed by the Mayor and approved by the City Council for four-year terms. Members may be removed by the Mayor with approval by the City Council upon finding of circumstances preventing or interfering with their attendance at meetings or full performance of Planning Commission functions. Vacancies shall be filled for unexpired terms in the same manner as appointments are made.
B. Authority. The Planning Commission shall have the authority to conduct research, undertake studies, hold hearings, find facts, submit reports and recommendations, and perform other legislative and planning functions requested by the City Council.
C. The Planning Commission may, within amounts appropriated to it by the City Council, obtain the services of such employees and expert consultants as are deemed necessary for its functions.
D. The Planning Commission shall perform such functions as are assigned by this title, other ordinances of the City, and laws of the state.
E. The Planning Commission shall elect its own chairman and create and fill such other offices as it may determine it requires.
F. The Planning Commission may hold at least one regular meeting in each month when there is business to transact and shall adopt rules for transaction of its business.
G. The Planning Commission shall keep a public record of its meetings, resolutions, findings and determinations.
H. The Planning Commission shall cause to be made a verbatim record of its proceedings either by tape recording or other means to be kept available for transcription in the event of an appeal of a decision on a matter considered by the Planning Commission.
I. Applications for Planning Commission action shall be filed in accordance with the process and requirements set forth in this title and FMC Title 18.
J. The Planning Commission shall review, hold hearings where applicable, and make recommendations to the City Council on the following:
1. Amendments to the Comprehensive Plan;
2. Amendments to FMC Title 16, 17, 18 or the official zoning map;
3. Amendments to the shoreline master program;
4. Specific sub-area and neighborhood plans;
5. Annexation requests. (Ord. 1396 § 2, 2006)
14.05.050 City Council.
A. Authority. The City Council are elected officials who have the authority to render final decisions on legislative matters such as Comprehensive Plan amendments, zoning map and text amendments, annexations, and amendments to development regulations. The City Council also has the authority to render final decisions on some quasi-judicial matters such as planned unit developments.
1. The City Council meeting schedule shall be in accordance with the provisions of FMC Title 2.
2. The City Council shall keep a public record of its meetings, ordinances, resolutions, findings and decisions.
3. The City Council shall cause to be made a verbatim record of its proceedings either by tape recording or other means to be kept available for transcription in the event of an appeal of a decision by the City Council.
B. The City Council shall review and act upon the following:
1. Recommendations on legislative matters forwarded by the Planning Commission.
2. Recommendations on quasi-judicial matters forwarded by the Hearings Examiner. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1396 § 2, 2006)