Chapter 19.02
TYPE I-IV PROJECT PERMIT APPLICATIONS
Sections:
19.02.010 Preapplication conference.
19.02.020 Project permit application.
19.02.030 Submission and acceptance of application.
19.02.040 Notice of application.
19.02.050 Referral and review of project permit applications.
19.02.010 Preapplication conference.
A. Applications for project permit type I actions involving structures five thousand square feet or over, type III and type IV actions shall not be accepted by the administrator unless the applicant has scheduled and attended a preapplication conference. The purpose of the preapplication conference is to acquaint the applicant with the requirements of the Prosser Municipal Code.
B. The conference shall be held within fifteen days of the request.
C. At the conference or within five working days of the conference, the applicant will be provided with the following:
1. A form which lists the requirements for a completed application;
2. A general summary of the procedures to be used to process the application;
3. The references to the relevant code provisions or development standards which may apply to the approval of the application;
4. The city’s design guidelines.
D. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the form sent by the city to the applicant under subsection C of this section shall not bind or prohibit the city’s future application or enforcement of all applicable law.
E. Preapplication conferences for all other types of applications are optional, and requests for conferences will be considered on a time-available basis by the administrator. (Ord. 1916 § 1 (part), 1997).
19.02.020 Project permit application.
Applications for project permits shall be submitted upon forms provided by the administrator. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information:
A. A completed project permit application form;
B. 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 consent of all owners of the affected property;
C. A property and/or legal description of the site for all applications, as required by the applicable development regulations;
D. The applicable fee as provided for in Title 20 of the Prosser Municipal Code;
E. Evidence of adequate water supply as required by RCW 19.27.097; and
F. Evidence of sewer availability. (Ord. 2624 § 1, 2008: Ord. 1916 § 1 (part), 1997).
19.02.030 Submission and acceptance of application.
A. Determination of Completeness. Within twenty-eight days after receiving a project permit application, the city shall mail or personally provide a written determination to the applicant which states either: (1) that the application is complete; or (2) that the application is incomplete and what is necessary to make the application complete.
B. 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 A of this section.
C. “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in Section 19.02.020, as well as the submission requirements contained in the applicable development regulations. 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.
D. Incomplete Application Procedure.
1. If the applicant receives a determination from the city that an application is not complete, the applicant shall have ninety days to submit the necessary information to the city. Within fourteen days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection A of this section, and notify the applicant in the same manner.
2. If the applicant either refuses in writing to submit additional information or does not submit the required information within the ninety-day period, the application shall lapse.
3. City’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection A of this section.
4. Date of Acceptance of Application. When the project permit application is complete, the administrator shall accept it and note the date of acceptance. (Ord. 2624 § 2, 2008: Ord. 1916 § 1 (part), 1997).
19.02.040 Notice of application.
A. Generally. A notice of application shall issue on all type III and IV project permit applications.
B. SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required.
C. Contents. The notice of application shall include:
1. The date of application, the date of the notice of completion for the application and the date of the notice of application;
2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;
3. The identification of other permits not included in the application, to the extent known by the city;
4. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
6. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;
7. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in Chapter 19.04;
8. Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.
D. Time Frame for Issuance of Notice of Application.
1. Within fourteen days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application.
2. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided at least fifteen days prior to the open record hearing.
E. Public Comment on the Notice of Application. All public comments received on the notice of application must be received by the administrator by five p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible. (Ord. 1916 § 1 (part), 1997).
19.02.050 Referral and review of project permit applications.
Within ten days of accepting a complete application, the administrator shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with the state and federal requirements. The affected agencies and city departments shall have fifteen days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The administrator shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days.
B. If a type III procedure is required, notice and hearing shall be provided as set forth in Chapter 19.03. (Ord. 1916 § 1 (part), 1997).
19.02.900 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2624 § 3, 2008).