Chapter 16B.04


16B.04.010    Pre-application Conference.

16B.04.020    Application, Withdrawal of Application and Refunds.

16B.04.030    Determination of Completeness.

16B.04.040    “Complete” Application – Additional Information.

16B.04.050    Incomplete Application Procedure.

16B.04.060    Date of Acceptance of “Complete” Application.

16B.04.070    Identification of Other Agencies with Jurisdiction.

16B.04.010 Pre-application Conference.

(1)    Prior to formal submittal of a project permit application, an applicant may obtain early assistance from County staff through informal conversations or on-site visits. In addition, one or more conferences with appropriate County department representatives and other public agency representatives may be requested by the applicant, required by ordinance, or required at the discretion of the Administrative Official. The date, time and place of such conferences shall be at the agreement of the participants. While pre-application conferences are optional on some application types, applicants for those applications specified in YCC Section 19.30.040(1), Type 3 and 4 project permits, legislative actions described in YCC Chapter 16B.10, linear transmission facilities, critical areas and Shoreline permits are required to request this exploratory conference. The Administrative Official may waive in writing the requirement for a pre-application conference, upon written request by the owner or authorized prospective applicant, for projects that the Administrative Official determines are of a size and complexity to not require the detailed analysis of a pre-application conference, notwithstanding any provision of this Code to the contrary.

(2)    Such conferences are intended as an informal discussion and review of possible applications to assist the applicant in discovery of appropriate county regulations, standards, application materials and review processes that would be required of a project. The pre-application conference is intended to provide an applicant with preliminary direction regarding the required content of the proposed application. However, the conference is not intended to provide an exhaustive review of all the potential issues that a given application could raise. A pre-application conference shall not include extensive field inspection or correspondence. The pre-application review does not prevent the County from applying all relevant laws to the application and does not constitute an approval of the project. The discussion at the conference and the information provided shall not bind or prohibit the County’s future application or enforcement of all applicable laws and regulations.

(3)    Such conferences are not publicized and the public is not permitted to attend in order that a potential applicant’s interests be protected.

(4)    A request for a pre-application conference is initiated by completing a pre-application form supplied by the Planning Division. The submittal requirements for pre-application conferences shall include a site plan of the entire project, a written narrative describing the proposal, other information as specified by the Administrative Official, and any additional information that the applicant wishes to provide.

(5)    The conference will be held within thirty days of the pre-application conference request. The applicant shall be informed of the time and place of the meeting using the contact information provided on the pre-application conference request form.

(6)    A pre-application conference does not vest a proposed project permit application. Pre-application submittals or materials do not constitute project permit applications. All project permit applications are vested under relevant County codes in effect at the time of filing a completed application.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 6-2014 § 2 (Exh. A)(part), 2016: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).

16B.04.020 Application, Withdrawal of Application and Refunds.

(1)    Applications for project permits shall be submitted upon forms provided by the Administrative Official. 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 signed by the owner(s) of the property;

(b)    The completed application will identify a single contact person or entity to receive determinations and notices required by this Chapter;

(c)    All other items listed as application requirements in the relevant Sections of the ordinance requiring review;

(d)    A site plan showing all parcels containing the site for all applications, as required by the applicable development regulations;

(e)    The applicable fee;

(f)    Any SEPA documents, as applicable.

(2)    Who May Apply. Application for the various types of permits and approvals covered by this Code may be made by the following parties:

(a)    Subject to the requirements of this Subsection, the property owner or any agent of the owner with proof of agency may apply for a Type 1, 2, 3, or 4 permit or for a site-specific rezone requiring a policy plan map amendment not involving a change to Urban Growth Area boundaries. If the application is for revision to a preliminary plat, or alteration of a final plat, the application must be signed by a majority of those persons having an ownership interest in the lots, tracts, parcels, or portion thereof to be revised or altered. If a final plat is subject to restrictive covenants which were filed at the time of the approval of the plat, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement, with notarized signatures signed by all persons subject to the covenants, providing that those persons agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the plat or portion thereof. An application for vacation of a final plat is subject to the requirements of RCW 58.17.212.

(b)    A resident of the dwelling may apply for a home occupation permit.

(c)    Any person may apply for an interpretation pursuant to YCC 16B.03.070. In addition, the Administrative Official may issue interpretations of the County Code as needed.

(d)    Any person may apply to propose a non-site-specific amendment to the Comprehensive Plan pursuant to the biennial procedure for consideration of Comprehensive Plan amendments set forth in YCC Chapter 16B.10.

(e)    The Board of County Commissioners may direct staff to pursue the study of or amendment to the Comprehensive Plan and development regulations. The Planning Commission or the Administrative Official may recommend a comprehensive plan amendment, site-specific or area-wide rezone, or amendment to the text of any development regulation to the Board.

(3)    An applicant may formally withdraw a project permit application upon written request directed to the Administrative Official.

(4)    A request for a refund of a project permit application fee, except those issued pursuant to Title 12 or 13 of this Code, must be made in writing to the Planning Division. It shall be provided to the Planning Division prior to the issuance of a final decision by the Reviewing Official and within ninety days of the date the applicant is notified of the Administrative Official’s determination of completeness pursuant to Section 16B.04.030 of this Chapter. The written request will include a basis for the refund, will identify the project for which the refund is requested, and the request must come from the same person or entity that paid the fee, or authorized agent specified on the application. If a fee is collected in error, the applicable fee will be refunded. All other refunds are reviewed and awarded at the discretion of the Administrative Official or his designee, and in any amount the Official or his designee determines to be appropriate.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).

16B.04.030 Determination of Completeness.

The Administrative Official shall determine whether a project permit application is complete and provide notice to the applicant in accordance with the procedure in RCW 36.70B.070.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).

16B.04.040 “Complete” Application – Additional Information.

A project permit application shall be deemed complete for purposes of this Section when it meets the submission requirements specified in Section 16B.04.020 above, 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 Administrative Official’s determination of completeness shall not preclude the County 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.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).

16B.04.050 Incomplete Application Procedure.

(1)    Within fourteen days after an applicant has submitted requested additional information, the Administrative Official shall make the determination of completeness as described in Section 16B.04.030 above, and notify the applicant in the same manner.

(2)    A project permit application for which a decision has not yet been made may be canceled for inactivity if the County returns the application for modification or correction (including a request for additional information for an incomplete or complete application) and the applicant fails to respond to the County’s request within forty-five days of the request.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).

16B.04.060 Date of Acceptance of “Complete” Application.

When the project permit application is complete, the Administrative Official shall accept it and note the date of acceptance.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).

16B.04.070 Identification of Other Agencies with Jurisdiction.

To the extent known by the Administrative Official, other agencies with jurisdiction over the project permit application shall be identified in the County’s determination of completeness required by Section 16B.04.030.

(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).