Chapter 19.01


19.01.010    Purpose and authority.

19.01.020    Administration.

19.01.030    Interpretation.

19.01.040    Applicability.

19.01.050    Exemptions from the project application process of this title.

19.01.060    Enforcement.

19.01.070    Conflict of provisions.

19.01.080    Severability.

19.01.010 Purpose and authority.

A.  The purpose of this title is to provide for effective and efficient administrative review of land use and development applications (referred to as "local project review" by title) with consistent procedures for similar projects, and combining procedural and substantive environmental review (SEPA) with review of project permit applications under other applicable requirements.  Fundamental land use planning choices made in the adopted comprehensive plan and development regulations will serve as the foundation for project review and permit application decisions.

B.  Legislative Authority.  This title responds to RCW 36.70B for local project review, which requires the integration and consolidation of the requirements of the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA) for all project level review.  This title is intended to provide a framework within which the consistency of project permit applications with the comprehensive plan and development regulations shall be determined.  (Ord. 1063 §2(part), 1999)

19.01.020 Administration.

The administrative official of this title shall be the city planner.  In the absence of the city planner the administrative official shall be the building official.  Class 1 applications only requiring a building permit will be administrated by the building inspector.  The administrative official shall interpret the meaning and direct the application of this title.  (Ord. 1063 §2(part), 1999)

19.01.030 Interpretation.

Any person may request a formal interpretation of the provisions of this title or those municipal codes referenced to this title.  The re quest shall be in writing, shall reference specific titles, chapters, or code sections pertaining to the desired interpretation and shall be submitted to the appropriate administrative official for review.  The administrative official may refer to city and state statutes, local land use plans and policies, or city staff in determining final interpretation.  The administrative official shall provide the requesting party with a written interpretation within fifteen business days of the date of request.  (Ord. 1063 §2(part), 1999)

19.01.040 Applicability.

The provisions of this title shall apply to all applications for land use development or environmental permit applications subject to review under the following titles or chapters of the Wapato Municipal Code:

A.  Title 15, buildings and construction;

B.  Title 16, subdivisions;

C.  Title 17, zoning;

D.  Title 18, environmental policy.  (Ord. 1063 §2 (part), 1999)

19.01.050 Exemptions from the project application process of this title.

The following actions are exempt from this title:

A.  Right-of-way use permits, and street vacations pursuant to Chapter 35.79 RCW, present special circumstances that warrant a review process different from that provided in RCW 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130;

B.  Except for the provisions established in 19.03.020 (Class 1 Review and Procedures) all building permits applications, boundary line adjustments, other construction permits, or, as determined by the administrative official, similar administrative approvals which are categorically exempt from subdivision and environmental review or public hearing requirements, or permits/approvals for which environmental review has been completed in connection with other permits for the same project;

C.  Approvals relating to the use of public areas or facilities and landmark designations;

D.  The following types of decisions are legislative as opposed to quasi-judicial (nonproject) actions and are not subject (exempt) to the procedures in this title, unless otherwise specified:

1.  Zoning ordinance text amendments or repeals,

2.  Adoption or amendments of development regulations,

3.  Adoption of the Comprehensive Plan and any Plan amendments,

4.  Annexations,

5.  Area-wide rezones to implement new city policies,

6.  Any non-project actions categorically exempt from SEPA regulations.  (Ord. 1063 §2(part), 1999)

19.01.060 Enforcement.

A.  The administrative official shall enforce the provisions of this chapter or may designate enforcement responsibility as determined appropriate.

B.  The application and enforcement of this chapter shall primarily apply to the compliance requirements of Wapato Municipal Code Titles 15 through 18.  Enforcement actions shall follow established enforcement provisions of the Municipal Code Title most applicable to an individual project proposal.  (Ord. 1063 §2(part), 1999)

19.01.070 Conflict of provisions.

Subject to the provisions of state law, this title shall govern procedural aspects of all development project permit decisions within the city of Wapato, Washington.  In the case of conflicts between this title or parts of this title and other rules, regulations, resolutions, or ordinances, the procedures of this Title 19 shall govern.  (Ord. 1063 §2(part), 1999)

19.01.080 Severability.

If any section, sentence, clause or phrase of this title 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 title.  (Ord. 1063 §2(part), 1999)