Chapter 14.02
TYPE I – VII PROJECT PERMIT APPLICATIONS

Sections:

14.02.010    Preapplication conference.

14.02.020    Project permit application.

14.02.030    Submission and acceptance of application.

14.02.040    Notice of application.

14.02.050    Referral and review of project permit applications.

14.02.010 Preapplication conference.

A. Prior to filing applications for project permit Types II through VII, the applicant shall request a preapplication conference. For Type II and VII projects, when staff and a potential applicant concur, this requirement may be waived by the director. The purpose of the preapplication conference is to acquaint the applicant with the requirements of the West Richland Municipal Code, and to acquaint staff with preliminary details of a potential application.

B. The conference shall be held within 28 days of the request.

C. Five or fewer working days following the conference, the director shall provide the applicant with:

1. A form which lists the requirements for a completed application;

2. A summary of points and issues raised at the preapplication meeting;

3. The references to the relevant code provisions or development standards which may apply to approval of the application;

4. A general summary of the procedures to be used to process the application.

D. Neither the discussions at the conference nor the information provided on the form sent by the director to the applicant under subsection C of this section shall bind the director in any manner or prevent the director’s future application or enforcement of all applicable codes, ordinances and regulations.

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 director. [Ord. 9-09 § 1, 2009; Ord. 38-07 § 1, 2007].

14.02.020 Project permit application.

Applications for project permits shall be submitted on forms provided by the director. 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;

E. Evidence of adequate water supply as required by RCW 14.27.097; and

F. Evidence of availability of sewer service. [Ord. 38-07 § 1, 2007].

14.02.030 Submission and acceptance of application.

A. Determination of Completeness. Within 28 days after receiving a project permit application, the city shall send to the applicant a determination 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 shall be identified in the determination of completeness.

C. Additional Information. A project permit application is complete for the purposes of this section when it meets the submission requirements of WRMC 14.02.020 and the submission requirements of the applicable development regulations. The determination of completeness shall be made when the application is sufficiently complete for review, even though additional information may be required or project modifications may be undertaken subsequently. The director’s determination of completeness shall not preclude the director’s ability to request additional information or studies whenever new information is required or substantial changes are made to the proposed project.

D. Incomplete Applications.

1. Whenever the applicant receives a determination from the city that an application is not complete for either a project permit or concurrency application, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection B of this section.

2. If the applicant does not submit the additional information requested within the 90-day period, the director shall make findings and issue a decision that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed.

3. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness.

E. Director’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete as provided in subsection B of this section.

F. Date of Acceptance of Application. Project permit applications shall not be officially accepted until complete. When an application is found complete, the director shall note the date of acceptance for continued processing.

G. After acceptance, the city shall begin processing the applications. Under no circumstances shall the city place any applications on hold to be processed at some later date, even if the request for the hold is made by the applicant, and regardless of the requested length of the holding period. The application must either be processed or withdrawn. A request for additional information under subsection D of this section shall not constitute a hold. [Ord. 38-07 § 1, 2007].

14.02.040 Notice of application.

A. Generally. A notice of application shall be provided to all city departments and agencies with jurisdiction of all Type III, IV and VI project permit applications.

B. Issuance of Notice of Application.

1. Within 14 days after the city has made a determination of completeness pursuant to WRMC 14.02.030, the director 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 15 days prior to the open record hearing.

C. Contents. The notice of application shall include:

1. The date of submission of the initial application, the date the application was determined complete for processing, and the date of the notice of application;

2. A description of the proposed project and a list of the project permits requested in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;

3. A description of other required permits not included in the application, to the extent known by the city;

4. A description 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 setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights;

6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued;

7. A summary of the preliminary determination of consistency required by WRMC 14.04.010, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and as provided in Chapter 14.04 WRMC;

8. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application.

D. Public Comment on the Notice of Application. All public comments received on the notice of application must be received in the planning department by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile; provided, that mailed comments received after the comment period has expired will not be accepted. Comments should be as specific as possible.

E. 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. [Ord. 38-07 § 1, 2007].

14.02.050 Referral and review of project permit applications.

Within 10 days of determining that an application is complete, the director shall:

A. Transmit a copy of the application, or appropriate parts of the application, to each affected government agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 days to comment on the application. The agency or city department is presumed to have no comments if comments are not received within the 15-day period. The director shall grant an extension of time only if the application involves unusual circumstances. Extensions shall be for a maximum of three working days.

B. Provide for notice and hearing as set forth in Chapter 14.09 WRMC for Type III procedures. [Ord. 38-07 § 1, 2007].