Chapter 16B.07
FINAL DECISIONS
Sections:
16B.07.010 Notice of Decision – Public Notice.
16B.07.030 Notice of Decision – Time Frames.
16B.07.040 Exceptions from 120-Day Time Period.
16B.07.050 Compliance, Extension, Expiration and Reinstatement.
16B.07.010 Notice of Decision – Public Notice.
The Notice of Decision shall be a single report which complies with RCW 36.70B.130 and states all the decisions made on all project permits that are a part of the application. The Administrative Official shall provide notice of decisions (made by the Administrative Official, the Hearing Examiner, and the board) by first-class mail to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application in accordance with RCW 36.70B.130. The Administrative Official may, however, provide notification by electronic mail when requested by the recipient. The Notice of Decision shall state any mitigation required under applicable development regulations or under SEPA. If a SEPA threshold determination has not been issued previously by the local government, the Notice of Decision shall include this determination. Notice of administrative appeal procedures, if applicable, shall also be included in the Notice of Decision.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exhs. A, B) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.07.020 Reserved.
(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.07.030 Notice of Decision – Time Frames.
(1) The Notice of Decision shall be issued within one hundred twenty calendar days after the County notifies the applicant that the application is complete, except preliminary and final plats, which are subject to the time frames in RCW 58.17.140.
(2) In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the Notice of Decision, the following periods shall be excluded.
(a) Any period during which the applicant has been requested by the County to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the County notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the County;
(b) If the County determines that the additional information submitted by the applicant is insufficient, it shall notify the applicant of the continued deficiencies and the procedures under Subsection (a) above shall apply as if a new request for studies had been made;
(c) Any period during which an environmental impact statement is being prepared following a Determination of Significance pursuant to Chapter 43.21C RCW, if the County by ordinance has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;
(d) Any period for administrative appeals of project permits, if an open record appeal hearing is allowed. The time period for consideration and decision on appeals shall not exceed:
Ninety calendar days for an open record appeal hearing.
The parties may agree to extend these time periods.
(3) If the County is unable to issue its final decision on a project permit application within the time limits provided for in this Section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the Notice of Decision.
(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.07.040 Exceptions from 120-Day Time Period.
The time limits established in Section 16B.07.030 do not apply if a project permit application:
(1) Requires an amendment to the comprehensive plan or a development regulation;
(2) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or
(3) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under Sections 16B.04.020 – 16B.04.040.
(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.07.050 Compliance, Extension, Expiration and Reinstatement.
(1) Compliance with Conditions and Safeguards of Project Permit. It is the affirmative duty of a project permit holder and the land owner (as applicant) to comply with any conditions made a part of the terms under which the approval of a project permit was granted as authorized by Yakima County Code. The applicant shall complete all required conditions, submit documentation that all conditions were met and request County inspection or review to determine that the requirements have been fulfilled within the timeframe specified in the decision and any authorized extensions. When the conditions of the project permit have been met within the timeframe specified by the decision and any subsequent extension authorized by the applicable code, the applicant shall provide a letter certifying that the conditions were met to the Administrative Official to document compliance.
(2) Extension of Any Approved Project Permit. A valid project permit, other than a preliminary plat, may be extended one time only for up to one additional year by action of the Administrative Official.
(a) Requests for extensions shall be made in writing, shall be submitted to the Planning Division prior to the expiration date and shall be accompanied by the final approved site plan showing the location and size of any development or work already completed on the project. Such extension request shall present a timeline that identifies when each of the conditions of the decision has or will be completed and shall detail unique and special circumstances that prohibited the commencement or completion, or both, of the use authorized.
(b) The Administrative Official shall review the request without public notice or hearing and issue the decision within fourteen days from the receipt of the completed request. The Administrative Official may:
(i) Approve the extension based on a work schedule provided by the applicant to assure the work will be completed according to a modified schedule, or
(ii) Disapprove the extension.
(c) The Administrative Official shall mail the decision to the applicant and shall specify the decision as final unless appealed to the Hearing Examiner under the provisions of Chapter 16B.09 of this Title. Conditions of approval listed previously in the notice of decision issued pursuant to 16B.07.010 through 16B.07.030 of this Chapter may be appealed only according to the procedures and time periods specified in YCC 16B.09.010 and are not subject to appeal again following any decision or determination of the Administrative Official made under this Section 16B.07.050.
(3) Failure to Complete Approved Permit Conditions within Specified Timeframe and Failure to Comply with Permit Decisions or Conditions.
(a) Expiration. If compliance with the terms of the project permit approval has not occurred within the timeframe specified by the decision and any subsequent extension authorized by the applicable code, the project shall be considered expired by time limitation and the land use approval shall be null and void. Expiration of a project permit granted pursuant to Yakima County Code shall not be subject to appeal.
(b) Violations. A project permit issued or processed pursuant to any applicable Title listed in YCC 16B.01.020 will be deemed in violation of this Code if it is ascertained that the application included any false information material to the project permit approval, or if it develops that the conditions and safeguards made a part of the terms under which the approval was granted are not being maintained. Such violations of project permit approval shall be subject to Chapter 16B.11 and other remedies available to Yakima County under any applicable law to enforce conditions of permit approvals, remedy land use and code violations or abate those violations including without limitation YCC Title 13.
(c) Compliance Agreement. The applicant and the County may enter into a compliance agreement to complete the required conditions subject to appropriate fees to compensate the County in preparing, recording and implementing the compliance agreement. On terms acceptable to the Administrative Official, in his or her sole discretion, the County may offer an extension of time to complete the required conditions of approval subject to appropriate fees to compensate the County in preparing, recording and implementing any such compliance agreement; provided, however, that no compliance agreement may be used in lieu of the permit process to remove or negotiate conditions of approval.
(4) Reinstatement. Where a project permit has expired, the applicant may apply to have the permit reinstated and the work authorized by the original permit can be recommenced, provided the following are met:
(a) The applicant submits a written request not more than sixty days after the original permit or authorized extension expired.
(b) The applicant provides a timeline for successful achievement of all conditions upon which the Administrative Official can agree.
(c) The codes under which the original permit was issued and other laws which are enforced by Yakima County have not been amended in any manner which affects the work authorized by the original permit.
(d) No changes have been made or will be made in the original plans and specifications for such work.
(e) The applicant submits a reinstatement fee. The fee for a reinstated permit shall be seventy percent of the amount required for a new project permit pursuant to YCC Title 20.
(f) Where the request for reinstatement does not comply with all of the preceding criteria in this Subsection, a new project permit application must be submitted and processed as a new project, at full permit fees.
(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012).