Chapter 14.02
PROJECT PERMIT PROCESSING/APPLICATIONS
Sections:
14.02.010 Intent/applicability.
14.02.030 Development review committee established.
14.02.070 Preapplication conferences – When required.
14.02.080 Project permit application.
14.02.090 Submission and acceptance of application.
14.02.100 Optional consolidated permit processing.
14.02.010 Intent/applicability.
The purpose of this title is to combine and consolidate the application, review, and approval processes for land development in the city of Tumwater in a manner that is clear, concise, and understandable. It is further intended to comply with state guidelines for combining and expediting development review and integrating environmental review and land use development plans. Final decision on development proposals shall be made within one hundred twenty days of the date of the determination of completeness except as provided in TMC 14.02.050. The provisions apply to all land use permits under TMC Titles 15, 16, 17 and 18, and to the related regulation implementing these provisions or any other ordinance or law. Unless another department is the primary agency in a permit process, the department of community development shall administer the provisions hereof and may adopt such rules as will assist in administering these provisions.
Notwithstanding the city’s authority to issue development permits within a one-hundred-twenty-day period, staff should strive to process such permits as soon as possible. Provided, however, permit processing should not be conducted so as to adversely affect the public’s right to provide appropriate input to the process and exercise appeal rights.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Added, 04/16/1996)
14.02.020 Definitions.
A. “City” means the city of Tumwater, Washington.
B. “Closed record appeal” means an administrative appeal on the record following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
C. “Days” means calendar days, including weekends and holidays.
D. “Department” means the department of community development.
E. “Determination of completeness” means a written determination by the director or his/her designee that all required elements of an application have been received by the city. This determination initiates the statutory review period for the application, if any, and subject to certain exceptions, entitles the applicant to have the application considered and reviewed pursuant to the laws, regulations and standards in effect on the date the application was complete.
F. “Development guide” means the Tumwater community development guide or Tumwater development guide as adopted by Ordinance No. O95-023 or as subsequently amended.
G. “Development review committee (DRC)” means a group of staff members of the community development department (usually three) assigned by the director to conduct preapplication conferences and review and/or approve development permit applications.
H. “Director” means the director of the department of community development of the city of Tumwater unless another department or agency is in charge of the project in which case it refers to the chief administrative officer of that department or agency.
I. “Feasibility review” means an optional preapplication meeting between a prospective applicant or development proponent and the DRC to provide limited information on applicable development and site requirements as a precursor to a “preapplication conference.”
J. “Formal review” means the second and final stage of preapplication conference to provide feedback and additional guidance to applicants on how effectively they have incorporated information received during the preliminary review into their development proposal. The formal review is an evaluation of a development proposal to determine suitability for submittal of the project permit application.
K. “Open record hearing” means a hearing, conducted by a single hearing body or officer, that creates the record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing was held on the project permit.
L. “Planned action” means one or more types of project actions that are designated planned actions by city ordinance or resolution as more particularly outlined in TMC 14.04.030(B)(2).
M. “Preapplication conference” means one or more of the two stages of meetings between an applicant and DRC usually held after a “feasibility review,” but prior to submission of a project permit application. The two stages, “preliminary review” and “formal review,” are progressions toward development of the project permit application designated to evaluate developing application submittal documents, to answer questions and provide procedural information to prospective applicants, and to guide applicants with preparation of a permit application submittal.
N. “Preliminary review” means the first stage of a preapplication conference to analyze an applicant’s initial development proposal, usually based on information received from a feasibility review. The preliminary review is the initial review of development proposal documents to identify potential problems and develop the preliminary proposal toward submittal of the project permit application.
O. “Project permit” means any land use or environmental permit or license required from the city for a project action, including but not limited to subdivisions, planned unit developments, conditional uses, shoreline substantial development permits, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. Project action also includes any proposal for development of any new commercial/industrial or multifamily (three units or more) structure or addition or modification to a commercial/industrial or multifamily structure or change in occupancy of such an existing structure that changes utility requirements, parking requirements or necessitates additional site improvements.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Added, 04/16/1996)
14.02.030 Development review committee established.
There is hereby established within the department of community development a development review committee composed of appropriate staff representatives of the department as designated by the director. The primary purpose of said committee is to make such decisions as are delegated to it by ordinance and administrative directive, conduct preapplication conferences and make post application determinations in conjunction with the issuance of project permits as well as staff recommendations where the hearing examiner is charged with approval authority.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996)
14.02.040 Application.
By the adoption of this title, the city has consolidated development application and review procedures in order to integrate the development permit and environmental review process, while avoiding duplication of the review processes.
(Ord. O96-004, Added, 04/16/1996)
14.02.050 Exempt actions.
A. The following actions are exempt from the project permit application process:
1. Zoning code text amendments;
2. Adoption of development regulations and amendments;
3. Area-wide rezones to implement new city policies;
4. Adoption of the comprehensive plan and any plan amendments;
5. Annexations;
6. Certificates of appropriateness;
7. Landmark designations;
8. Street vacations;
9. Street use permits.
B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, and other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW), or permits/approvals for which environmental review has been completed in connection with other project permits are exempt from the following procedures:
1. Determination of completeness;
2. Notice of application, except as provided in TMC 14.06.010(B);
3. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing;
4. Joint public hearings;
5. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing;
6. Notice of decision;
7. Completion of project review within any applicable time periods (including the one-hundred-twenty-day permit processing time).
(Ord. O2018-007, Amended, 10/16/2018; Ord. O96-004, Added, 04/16/1996)
14.02.060 Feasibility review.
At the option of the development proponent, the department will provide limited information through a feasibility review as a precursor to a formal preapplication conference. For such review, the development proponent need not have available all the information required on the DRC application. It should be recognized that the information supplied will be verbal only and limited by the detail of the information provided by the development proponent. Applications for feasibility review shall be scheduled for specific time periods on the agenda prepared for DRC meetings each week. Feasibility reviews shall be open meetings, unless requested otherwise in writing by the development proponent with submittal of the feasibility review application.
(Ord. O96-004, Added, 04/16/1996)
14.02.070 Preapplication conferences – When required.
A. Application for all project permits with the exception of minor development proposals such as fences, small detached buildings, individual single-family residences and duplexes shall not be accepted for processing until the applicant has scheduled and attended a preapplication conference, as follows:
1. Preapplication conferences shall consist of two stages: (a) preliminary review, and (b) formal review. Preliminary review is an analysis of an initial development proposal by an applicant based on information received from a feasibility review. The preliminary review is the initial review of development proposal documents to identify potential problems and develop the preliminary proposal toward submittal of the project permit application. Formal review is the final preapplication evaluation of a development proposal to determine suitability for submittal of the project permit application.
2. Applications for preliminary and formal reviews shall be scheduled for specific time periods on the DRC agenda each week. Preliminary and formal reviews shall be scheduled open meetings.
3. A DRC agenda shall be prepared and posted by the department on public bulletin boards at Tumwater City Hall, Tumwater Timberland Library, and in any additional public location the director may deem appropriate.
4. The director may waive the requirement for either or both stages of preapplication conference in individual cases where the department and the development proponent agree a proposal is ready for application submittal.
B. At such meeting, the development proponents or their representative shall present to the DRC preliminary studies or conceptual sketches which contain in a rough and approximate manner all of the information required on the DRC application. The purpose of the preapplication review is to enable the developer presenting the plan to obtain the advice of the DRC as to the intent, standards and provisions of the applicable development regulations.
C. The DRC shall make available all pertinent information as may be on file relating to the general area. It is the purpose of this conference to eliminate as many potential problems as possible in order for the preliminary development plan to be processed without delay or undue expense. The conference should take place prior to detailed work by an engineer or surveyor. Discussion topics at this time would include such things as:
1. The comprehensive plan;
2. The transportation plan and transportation concurrency;
3. The shoreline master plan;
4. Zoning ordinance;
5. Availability of sewer and water, or need for utility oversizing;
6. Storm drainage and erosion control;
7. Latecomer charges;
8. Features of the development, and the rationale behind them;
9. Sidewalk requirements;
10. Bike paths;
11. Bus stops;
12. Phasing of off-site requirements such as sidewalks, street lights, traffic signals, utilities or improvement of adjacent streets;
13. The regulatory requirements of TMC Title 16, Environment;
14. Design concepts (architectural goals and themes);
15. Other city requirements and permits;
16. If the applicant owns adjacent land, the possibilities of future development shall be discussed;
17. Process and timelines.
D. The DRC will also furnish to the developer comments on how the proposed development conforms to city policies and regulations, and the committee’s requirements for development approval.
E. Prior to formal review, the department shall evaluate whether a project has potential to significantly affect the character or environment of an area; and in such cases, will encourage the development proponent to participate in additional notification efforts including, but not limited to, a public information meeting with members of the public potentially affected by the proposal.
(Ord. O96-004, Added, 04/16/1996)
14.02.080 Project permit application.
Applications for project permits shall be submitted upon forms provided by the department. An application shall consist of all materials required by the city’s development guide and other applicable development regulations, and shall include the following general information:
A. A completed project permit application form and site plan checklist;
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 the 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;
E. Evidence of adequate water supply as required by RCW 19.27.097;
F. Evidence of sewer availability, or approval and authorization to construct a community or individual sewer or septic system.
(Ord. O96-004, Added, 04/16/1996)
14.02.090 Submission and acceptance of application.
A. Determination of Completeness. Within twenty-eight days after receiving a project permit application or sooner, if completed, the department 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. (RCW 36.70B.070.)
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. (RCW 36.70B.070.)
C. “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the requirements of TMC 14.02.080, as well as the submission requirements contained in all other applicable development regulations of the city. 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. (RCW 36.70B.090(1).)
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 or sooner if completed, 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 or fails to submit the required information or additional information or does not submit such information within the ninety-day period, the application shall lapse. Upon failure to cure any deficiency the department shall refund fifty percent of the filing or application fees submitted with the incomplete application.
E. 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. (RCW 36.70B.070(4)(a).)
F. Date of Acceptance of Application. When the project permit application is complete, the director shall accept it, and note the date of acceptance.
(Ord. O96-004, Added, 04/16/1996)
14.02.100 Optional consolidated permit processing.
An applicant may submit complete construction permit applications (building and/or engineering) simultaneously with or during the period of review of a required land use approval application. When an applicant elects to submit a land use approval application together with construction applications, such applications shall be reviewed and processed as one application and subject to all notices, review and appeals as if one consolidated and integrated application. (RCW 36.70B.060(3), 36.70B.120.)
(Ord. O96-004, Added, 04/16/1996)