A.    The purpose of this chapter is to guide review of development in the county consistent with the Adams County comprehensive plan, the Local Project Review Act (Chapter 36.70B RCW), the Land Use Petition Act (Chapter 36.70C RCW), the State Environmental Policy Act (Chapter 43.21C RCW), Plats—Subdivisions—Dedications (Chapter 58.17 RCW), the Shoreline Management Act (Chapter 90.58 RCW), and all regulations established in the associated Washington Administrative Code (WAC).

B.    This chapter describes how the county will process applications for development subject to review under this code, and is intended to identify the procedure for determining whether development proposals are, or can be conditioned or mitigated to be, consistent with applicable policies and standards. (Ord. O-02-25 § 1 (Exh. A))

A.    Land development applications for review are classified into four types based on the amount of discretion associated with each decision, generally Type I administrative (no notice required), Type II administrative (with a public notice requirement), Type III (quasi-judicial) and Type IV (legislative). Procedures for the four different types are distinguished according to who makes the decision, whether public notice is required, and whether a public hearing is required, as set out in Table 17.94.020-1.

B.    The administrator shall determine the proper application type for all development applications. If this code, either in this chapter or in other chapters, expressly provides that an application is subject to one of the four types of procedures or another procedure, then the application shall be processed accordingly. If this code does not expressly provide for review using one of the four types of procedures, and another specific procedure is not required by law, the administrator shall classify the application as one of the four types of procedures.

C.    Unless otherwise required, where the county must approve more than one application for a given development, all applications required for the development may be submitted for review at the same time. Where such combined review is conducted, the applications (or applications for permits) are combined and are subject to the highest-number procedure that applies to any of the applications.

D.    Certain development proposals, such as shoreline permits, are subject to additional procedural requirements beyond the standard procedures established in this chapter.

1.     The requirement for a preapplication may be waived by the administrator in accordance with the project type specifications in this chapter.

2.     Preapplication is required for private-party applicants.

3.     The time period is counted from the date of the determination of completeness to the date of the final decision and excludes some time periods as outlined in each project type per Sections 17.94.030 through 17.94.050.

4.     Per Section 17.94.030(D)(1).

5.     Per Section 17.94.040(F)(2).

6.     Per Section 17.94.050(D)(6).

7.     Not all projects are listed here. Other projects are listed throughout this code.

8.     Minor home businesses on a private road shall be reviewed using a Type II process per Section 17.69.290(F)(3).

(Ord. O-02-25 § 1 (Exh. A))

A.    Preapplication Meeting.

1.    The purposes of preapplication meeting are:

a.    To acquaint county staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant accordingly; and

b.    To acquaint the applicant with the applicable requirements of this code and other law. However, the meeting is not intended to provide an exhaustive review of all the potential issues that a given application could raise. The preapplication meeting does not prevent the county from applying all relevant laws to the application.

2.    A preapplication meeting is recommended for Type I applications.

3.    To request a preapplication meeting, an applicant shall submit a completed form provided by the administrator, the required fee, and all information required by the relevant section(s) of this code.

4.    Within fifteen calendar days after receipt of an application for preapplication meeting, the administrator shall set the date of the preapplication meeting. The meeting shall generally occur within one month of the request.

B.    Review for Counter Acceptance.

1.    Before accepting an application, and unless otherwise expressly provided by code, the administrator shall determine that the application is “counter ready.”

2.    The administrator shall decide whether an application is counter ready when the application is submitted; typically this occurs “over the counter” but may also occur electronically.

3.    An application is counter ready if the administrator finds that the application purports and appears to include the required information. There is no obligation for the staff to evaluate the substantive adequacy of the information in the application in the counter ready process. Required information which has been waived by the administrator shall be replaced by a determination from the administrator granting the waiver.

4.    If the administrator decides the application is counter ready, then the application and payment shall be accepted for review for fully complete status per subsection C of this section;

5.    If the administrator decides the application is not counter ready, then they shall immediately reject and return the application and identify what is needed to make the application counter ready.

C.    Determination of Completeness.

1.    Within twenty-eight calendar days after accepting the application, the administrator shall provide a written determination to the applicant stating it is either complete or incomplete and what information is necessary to make the application complete. Failure of the director to provide notice to the applicant, in writing, within the twenty-eight-day time frame, shall be deemed as the county’s acceptance of the application for processing.

2.    Within fourteen calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete, the administrator shall make a determination of completeness and notify the applicant.

3.    The written notice shall identify, to the extent known by the county, other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application. Failure to disclose such agency jurisdiction shall not be deemed a waiver of the requirement to comply with such agency’s regulation.

4.    An application is complete if it includes all the required materials specified in the submittal requirements for the specific development review application being applied for and additional materials specified in the preapplication conference. If submittal requirements are not specified in the applicable code sections or the application form, the application is complete if it includes the following:

a.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;

b.    The signature of the property owner or the property owner’s authorized representative;

c.    A legal description supplied by a title company, professional land surveyor licensed in the state of Washington, or other party approved by administrator, and current county assessor’s number;

d.    The applicable fee(s) as set in the building and planning master fee schedule for the application(s) in question;

e.    An application shall include all of the information listed as application requirements in the relevant sections of this code.

i.    The administrator may waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed as a Type I process before applications are submitted for counter acceptance review or the application must contain all the required information;

ii.    The decision about the complete status of an application, including any required engineering, traffic or other studies, shall be based on submittal requirements listed in the code and other applicable submittal requirements and shall not be based on the quality or technical accuracy of the submittal;

f.    Any applicable SEPA documents.

g.    Additional information as reasonably necessary to fully and properly evaluate the proposal as requested by the administrator.

5.    In the event of an incomplete application determination, the applicant shall have ninety days from the date of the written determination to submit the required information. If the applicant fails to resubmit within the ninety-day period, the application shall lapse.

6.    A complete determination shall not preclude the county from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposed action occur.

D.    Procedure.

1.    The administrator normally shall approve, approve with conditions, or deny the application within thirty calendar days after the date the application was deemed complete, and no more than sixty-five days.

a.    In determining the number of days that have elapsed after the county has notified the applicant that the application is complete, the following periods shall be excluded:

i.    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 county determines whether the additional information satisfies the request for information or fourteen calendar days after the date the information has been provided to the county.

2.    Notice of a decision regarding a Type I process shall be sent to the applicant and applicant’s representative within seven days of the issuance of the decision. The applicant may appeal the decision pursuant to subsection G of this section or may apply for a permit revision change pursuant to Section 17.85.050.

E.    Vesting.

1.    In accordance with the state’s vesting doctrine, Type I applications shall be considered under the land development regulations in effect at the time an application is deemed complete.

2.    Special rules may apply to certain nonconforming uses under Chapter 17.64.

F.    Appeals.

1.    Applicability. A final decision regarding an application subject to a Type I procedure may be appealed by any interested party. Final decisions may be appealed only if, within fourteen calendar days after written notice of the decision is sent, a written appeal is filed to the administrator. Final site plan and final construction plan decisions are not subject to administrative appeals under this section.

2.    Submittal Requirements. The appeal shall contain the following information:

a.    The file number designated by the county and the name of the applicant;

b.    The name and signature of each petitioner and a statement showing that each petitioner is entitled to file the appeal under subsection (G)(1) of this section. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative for all contact with the administrator.

c.    The specific aspect(s) of the decision being appealed, the reasons why each aspect is in error as a matter of fact or law, and the evidence relied on to prove the error; and

d.    The appeal fee per the building and planning master fee schedule.

3.    Appeal Decision.

a.    The hearing examiner shall hear appeals, other than appeals of final site plan/final construction plan decisions, in a de novo hearing. Notice of an appeal hearing shall be sent to parties of record, but do not need to be posted or published. Staff shall prepare a staff report for the hearing examiner; a hearing shall be conducted; the final decision shall be noticed. The final decision can be appealed as for a Type III process.

b.    Except for SEPA appeals which are governed by RCW 43.21C.075, the applicant shall have the burden of proving by substantial evidence compliance with applicable approval standards. Where evidence is conflicting, the examiner shall decide an issue based upon the preponderance of the evidence. (Ord. O-02-25 § 1 (Exh. A))

A.    Preapplication Meeting.

1.    The purposes of preapplication are:

a.    To acquaint county staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant accordingly; and

b.    To acquaint the applicant with the applicable requirements of this code and other law. However, the meeting is not intended to provide an exhaustive review of all the potential issues that a given application could raise. The preapplication meeting does not prevent the county from applying all relevant laws to the application.

2.    A preapplication meeting is required for applications, with the following exceptions:

a.    The application is for one of the following:

i.    Temporary permits;

ii.    Change in nonconforming use;

iii.    Permit revision reviews;

b.    SEPA review for projects that are type I reviews (e.g., grading);

c.    Administrative variances; or

d.    The applicant applies for and is granted a preapplication waiver from the administrator. The form shall state that waiver of preapplication meeting increases the risk the application will be rejected, or processing will be delayed. Preapplication meeting generally should be waived by the administrator only if the application is relatively simple. The administrative decision regarding a preapplication waiver can be appealed as a Type I administrative decision.

3.    To initiate a preapplication meeting, an applicant shall submit a completed form provided by the administrator, the required fee, and all information required by the relevant section(s) of this code.

4.    Within fifteen calendar days after receipt of an application for preapplication meeting, the administrator shall set the date of the preapplication meeting. The meeting shall generally occur within one month of the request.

5.    The administrator shall notify and invite the representatives of all affected county departments, utility districts or providers, the fire department, and any other entities or agencies with jurisdiction.

B.    Review for Counter Acceptance.

1.    Before accepting an application, and unless otherwise expressly provided by code, the administrator shall determine that the application is counter ready.

2.    The administrator shall decide whether an application is counter ready when the application is submitted, typically “over the counter” but may be electronically.

3.    An application is counter ready if the administrator finds that the application purports and appears to include the required information; provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter ready process. Required information which has been waived by the administrator shall be replaced by a determination from the administrator granting the waiver.

4.    If the administrator decides the application is counter ready, then the application and payment shall be accepted for review for complete status per subsection C;

5.    If the administrator decides the application is not counter ready, then they shall immediately reject and return the application and identify what is needed to make the application counter ready.

C.    Determination of Completeness.

1.    Within twenty-eight calendar days after accepting the application, the administrator shall provide a written determination to the applicant stating it is either complete or incomplete and what information is necessary to make the application complete.

2.    Within fourteen calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete, the administrator shall make a determination of completeness and notify the applicant.

3.    Failure of the director to provide notice to the applicant, in writing, within the twenty-eight-day time frame, shall be deemed as the county’s acceptance of the application for processing.

4.    The written notice shall identify, to the extent known by the county, other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application. Failure to disclose such agency jurisdiction shall not be deemed a waiver of the requirement to comply with such agency’s regulation.

5.    An application is complete if it includes all the required materials specified in the submittal requirements for the specific development review application being applied for and additional materials specified in the preapplication conference. If submittal requirements are not specified in the applicable code sections or the application form, the application is complete if it includes the following:

a.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;

b.    The signature of the property owner or the property owner’s authorized representative;

c.    A legal description supplied by a title company, professional land surveyor licensed in the state of Washington, or other party approved by administrator, and current county assessor’s number;

d.    The applicable fee(s) as set by the board of county commissioners;

e.    An application shall include all of the information listed as application requirements in the relevant sections of this code.

i.    The administrator may waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed as a Type I process before applications are submitted for counter acceptance review or the application must contain all the required information;

ii.    The decision about the complete status of an application, including any required engineering, traffic or other studies, shall be based on submittal requirements listed in the code and other applicable submittal requirements and shall not be based on the quality or technical accuracy of the submittal;

f.    Any applicable SEPA documents;

g.    Additional information as reasonably necessary to fully and properly evaluate the proposal as requested by the administrator.

6.    In the event of an incomplete application determination, the applicant shall have ninety days from the date of the written determination to submit the required information. If the applicant fails to resubmit within the ninety-day period, the application shall lapse.

7.    A complete determination shall not preclude the county from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposed action occur.

D.    Procedure.

1.    Within fourteen calendar days after the date an application is determined complete, the administrator shall issue a public notice of the application pending review consistent with the requirements of subsection E of this section.

2.    The administrator shall send to the applicant a copy of comments timely received in response to the notice.

E.    Public Notice.

1.    The notice of the application shall include the following information, to the extent known:

a.    The project name, the case file number(s), date of application, the date the application was determined complete, and the date the notice is sent;

b.    A description of the proposed project and a list of project permits included with the application;

c.    A description of the site, including current zoning, nearest road intersections, parcel number(s), address(es), and other information as reasonably sufficient to inform the reader of its location and zoning;

d.    A map showing the subject property in relation to other properties or a reduced copy of the site plan;

e.    The name of the applicant or applicant’s representative and their contact information;

f.    A statement of the public comment period, that the public has the right to comment on the application, request a copy of the administrative decision once made, and any appeal rights. A statement shall indicate that written comments received by the county within fifteen calendar days from the date of the notice will be considered;

g.    A statement of the preliminary SEPA determination, if one has been made, and any applicable comment period;

h.    The deadline for submitting a SEPA appeal pursuant to Chapter 18.04;

i.    Staff contact for the project and information on how to obtain additional information and provide comments;

j.    Any additional information determined appropriate by the county;

2.    Distribution.

a.    The administrator shall provide notice in the following ways:

i.    Send to the applicant and the applicant’s representative;

ii.    Mail to owners of property within a radius of five hundred feet of the property;

(A)         The records of the county assessor shall be used for determining the property owner of record. The failure of a property owner to receive notice shall not affect the administrative decision if the notice was sent.

(B)        If the applicant owns property adjoining the property that is the subject of the application, then notice shall be mailed to owners of property within a five-hundred-foot radius of the edge of the property owned by the applicant adjoining the property that is the subject of the application;

3.    Electronically send to agencies with jurisdiction;

4.    Post on the county’s website; and

5.    Send to other people the administrator believes may be affected by the proposed action or who request such notice in writing;

F.    Administrative Decision.

1.    An administrative decision shall include:

a.    A statement of the applicable criteria and standards in this code and other applicable law;

b.    A statement of the facts that the administrator found showed the application does or does not comply with each applicable approval criterion and assurance of compliance with applicable standards;

c.    The reasons for a conclusion to approve or deny; and

d.    The administrative decision to deny or approve the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law.

2.    Not more than sixty-five calendar days after the date an application is determined complete, the administrator shall issue a written administrative decision regarding the application(s); provided:

a.    For decision time limits specified elsewhere in the Adams County Code, the more restrictive time limit shall apply.

b.    An applicant may request in writing to extend the time in which the administrator shall issue an administrative decision. If the administrator grants such a request, the administrator may consider new evidence the applicant introduces with or subsequent to the request.

c.    In determining the number of days that have elapsed after the county has notified the applicant that the application is complete, the following periods shall be excluded:

i.    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 county determines whether the additional information satisfies the request for information or fourteen calendar days after the date the information has been provided to the county.

ii.    Any period of time during which an environmental impact statement is being prepared; provided, that the maximum time allowed to prepare an environmental impact statement shall be one year from the issuance of the determination of significance unless the administrator and applicant have otherwise agreed in writing to a longer period of time. If no mutual written agreement is completed, then the application shall become null and void after the one-year period unless the administrator determines that delay in completion is due to factors beyond the control of the applicant.

G.    Vesting.

1.    Type II applications shall be considered under the development regulations in effect at the time a complete application is filed.

2.    Special rules apply to certain nonconforming uses under Chapter 17.64.

H.    Appeals.

1.    Applicability. A final decision regarding an application subject to a Type II procedure may be appealed only by a party of record. Administrative decisions may be appealed if, within fourteen calendar days after written notice of the administrative decision is sent, a written appeal is filed with the administrator.

2.    Submittal Requirements. The appeal shall contain the following information:

a.    The case number designated by the county and the name of the applicant;

b.    The name of each petitioner, the signature of each petitioner or his or her duly authorized representative, and a statement showing that each petitioner is entitled to file the appeal under subsection (H)(1) of this section. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative for all contact with the administrator. All contact with the administrator regarding the petition, including notice, shall be with this contact representative;

c.    The specific aspect(s) of the administrative decision and/or SEPA issue being appealed, the reasons why each aspect is in error as a matter of fact or law, and the evidence relied on to prove the error; and

d.    The appeal fee per the building and planning master fee schedule as adopted by the board of county commissioners.

3.    Appeal Procedures.

a.    The hearing examiner shall review administrative decisions de novo. The record for the appeal shall not be limited to the record of the administrative decision; any person may submit new information and argument for the examiner’s consideration on appeal. Notice of an appeal hearing shall be sent to parties of record, but shall not be posted or published. A staff report shall be prepared, a hearing shall be conducted, and an examiner’s decision shall be made and noticed.

b.    Except for SEPA appeals which are governed by RCW 43.21C.075, the applicant shall have the burden of proving by substantial evidence compliance with applicable approval standards. Where evidence is conflicting, the examiner shall decide an issue based upon the preponderance of the evidence. (Ord. O-02-25 § 1 (Exh. A))

A.    Preapplication Meeting.

1.    The purposes of preapplication meeting are:

a.    To acquaint county staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant accordingly; and

b.    To acquaint the applicant with the applicable requirements of this code and other law. However, the meeting is not intended to provide an exhaustive review of all the potential issues that a given application could raise. The preapplication meeting does not prevent the county from applying all relevant laws to the application.

2.    A preapplication meeting is required for applications, with the following exceptions:

a.    The application is for a permit revision, as described in Section 17.85.050; or

b.    The applicant applies for and is granted a preapplication waiver from the administrator. The form shall state that waiver of preapplication meeting increases the risk the application will be rejected or processing will be delayed. Preapplication meeting generally should be waived by the administrator only if the application is relatively simple. The administrative decision to waive a preapplication meeting can be appealed as a Type I administrative decision.

3.    To initiate a preapplication meeting, an applicant shall submit a completed form provided by the administrator, the required fee, and all information required by the relevant section(s) of this code.

4.    Within fifteen calendar days after receipt of an application for preapplication meeting, the administrator shall set the date of the preapplication meeting. The meeting shall generally occur within one month of the request.

5.    The administrator shall notify and invite the representatives of all affected county departments, utility districts or providers, the fire department, and any other entities or agencies with jurisdiction.

B.    Review for Counter Acceptance.

1.    Before accepting an application, and unless otherwise expressly provided by code, the administrator shall determine that the application is counter ready.

2.    The administrator shall decide whether an application is counter ready when the application is submitted, typically “over the counter” but may be electronically.

3.    An application is counter ready if the administrator finds that the application purports and appears to include the required information; provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter ready process. Required information which has been waived by the administrator shall be replaced by a determination from the administrator granting the waiver.

4.    If the administrator decides the application is counter ready, then the application and payment shall be accepted for review for complete status per subsection C of this section.

5.    If the administrator decides the application is not counter ready, then they shall immediately reject and return the application and identify what is needed to make the application counter ready.

C.    Determination of Completeness.

1.    Within twenty-eight calendar days after accepting the application, the administrator shall provide a written determination to the applicant stating it is either complete or incomplete and what information is necessary to make the application complete.

2.    Within fourteen calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete, the administrator shall make a determination of completeness and notify the applicant.

3.    Failure of the director to provide notice to the applicant, in writing, within the twenty-eight-day time frame, shall be deemed as the county’s acceptance of the application for processing.

4.    The written notice shall identify, to the extent known by the county, other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application. Failure to disclose such agency jurisdiction shall not be deemed a waiver of the requirement to comply with such agency’s regulation.

5.    An application is complete if it includes all the required materials specified in the submittal requirements for the specific development review application being applied for and additional materials specified in the preapplication conference. If submittal requirements are not specified in the applicable code sections or the application form, the application is complete if it includes the following:

a.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;

b.    The signature of the property owner or the property owner’s authorized representative;

c.    A legal description supplied by a title company, professional land surveyor licensed in the state of Washington, or other party approved by administrator, and current county assessor’s number;

d.    The applicable fee(s) as set by the board of county commissioners in the building and planning master fee schedule for the application(s) in question;

e.    An application shall include all of the information listed as application requirements in the relevant sections of this code:

i.    The administrator may waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed as a Type I process before applications are submitted for counter acceptance review or the application must contain all the required information;

ii.    The decision about the complete status of an application, including any required engineering, traffic or other studies, shall be based on submittal requirements listed in the code and other applicable submittal requirements and shall not be based on the quality or technical accuracy of the submittal;

f.    Any applicable SEPA documents;

g.    Additional information as reasonably necessary to fully and properly evaluate the proposal as requested by the administrator.

6.    In the event of an incomplete application determination, the applicant shall have ninety days from the date of the written determination to submit the required information. If the applicant fails to resubmit within the ninety-day period, the application shall lapse.

7.    A complete determination shall not preclude the county from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposed action occur.

D.    Procedure.

1.    Within fourteen calendar days after the date an application is determined complete, the administrator shall issue a public notice of the application pending review consistent with the requirements of subsection E of this section.

2.    One public hearing before the hearing examiner is required. The public hearing should be held within ninety calendar days after the date the administrator issues the determination that the application is fully complete.

3.    At least fifteen calendar days before the date of a hearing, the administrator shall issue a public notice of the hearing consistent with the requirements in subsection E of this section. The notice of the public hearing may be combined with the notice of application.

4.    The administrator shall issue a written staff report and recommendation regarding the application(s), shall send a copy of the staff report and recommendation to the hearing examiner and to the applicant and applicant’s representative. The administrator shall send or provide a copy of the staff report at reasonable charge to other parties who request it.

5.    Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing examiner, except to the extent waived by the hearing examiner. A public hearing shall be recorded electronically;

a.    At the beginning of a hearing or agenda of hearings, the hearing examiner shall:

i.    State that testimony will be received only if it is relevant to the applicable approval criteria and development standards and is not unduly repetitious;

ii.    State that the hearing examiner must be impartial and whether the hearing examiner has had any ex parte communication or has any personal or business interest in the application. The hearing examiner shall afford parties an opportunity to challenge the impartiality of the authority;

iii.    State whether the hearing examiner has visited the site;

iv.    State that persons who want to receive notice of the examiner’s decision may sign a list for that purpose at the hearing and where that list is kept; and

v.    Summarize the conduct of the hearing. At the conclusion of the hearing on each application, the hearing examiner shall announce one of the following actions:

(A)         That the hearing is concluded. The hearing examiner shall further state the expected timeline for the written decision issuance per subsection (D)(6) of this section;

(B)         That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed, published or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing. The hearing examiner shall adopt guidelines for reviewing requests for continuances;

(C)         That the public record is held open to a date and time certain. The hearing examiner shall state where additional written evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the hearing. The hearing examiner may adopt guidelines for reviewing requests to hold open the record:

(1)    That the application(s) is/are taken under advisement, and an examiner’s decision will be issued as provided in subsection (D)(6) of this section; or

(2)     That the application(s) is/are denied, approved or approved with conditions, together with a brief summary of the basis for the examiner’s decision, and that an examiner’s decision will be issued as provided in subsection (D)(6) of this section.

6.    Examiner’s Decision Timelines.

a.    Not more than ninety days after the date an application is determined complete, the hearing examiner shall issue a written examiner’s decision regarding the application(s); provided:

i.    For decision time limits specified elsewhere in the Adams County Code, the more restrictive time limit shall apply;

ii.    If a determination of significance (DS) pursuant to Chapter 18.04 is issued, then the hearing examiner shall issue an examiner’s decision not sooner than seven calendar days after a final environmental impact statement is issued;

iii.    An applicant may agree in writing to extend the time in which the hearing examiner shall issue an examiner’s decision. If the hearing examiner grants such a request, the hearing examiner may consider new evidence the applicant introduces with or subsequent to the request. New evidence may not be considered unless the time extension would allow for public review and response to the new evidence.

iv.    In determining the number of days that have elapsed after the county has notified the applicant that the application is complete, 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 county determines whether the additional information satisfies the request for information or fourteen calendar days after the date the information has been provided to the county;

(B)        Any period of time during which an environmental impact statement is being prepared; provided, that the maximum time allowed to prepare an environmental impact statement shall be one year from the issuance of the determination of significance unless the administrator and applicant have otherwise agreed in writing to a longer period of time. If no mutual written agreement is completed, then the application shall become null and void after the one-year period unless the administrator determines that delay in completion is due to factors beyond the control of the applicant;

b.    Unless the applicant agrees to allow more time, within fourteen calendar days after the date the record closes, the hearing examiner’s decision shall be issued; provided, the hearing examiner’s decision shall not be issued until after any SEPA appeal period is concluded. The examiner’s decision shall include:

i.    A statement of the applicable criteria and standards in this code and other applicable law;

ii.    A statement of the facts that the hearing examiner found showed the application does or does not comply with each applicable approval criterion and standards;

iii.    The reasons for a conclusion to approve or deny; and

iv.    The examiner’s decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable criteria and standards.

7.    Within seven calendar days from the date of the examiner’s decision, the administrator shall send the notice of examiner’s decision to the applicant and applicant’s representative, and all parties of record. The notice shall include the following information:

a.    A statement that the examiner’s decision may be appealed as provided in subsection H of this section within fourteen calendar days after the date the notice is sent. The statement shall describe how a party may appeal the examiner’s decision, including applicable fees and the elements of a petition for review;

b.    A statement that the complete case file is available for review. The statement shall list the contact information of the county representative.

E.    Public Notice.

1.    The notice of the application shall include the following information, to the extent known:

a.    The project name, the case file number(s), date of application, the date the application was determined complete, and the date the notice is sent;

b.    A description of the proposed project and a list of project permits included with the application;

c.    A description of the site, including current zoning, nearest road intersections, parcel number(s), address(es), and other information as reasonably sufficient to inform the reader of its location and zoning;

d.    A map showing the subject property in relation to other properties or a reduced copy of the site plan;

e.    The name of the applicant or applicant’s representative and their contact information;

f.    A statement of the public comment period, that the public has the right to comment on the application, receive notice of and participate in any hearings, request a copy of the examiner’s decision once made, and any appeal rights. A statement shall indicate that written comments received by the county within fifteen calendar days from the date of the notice will be considered by staff in their recommendations;

g.    The date, time, place and type of hearing, if scheduled, or a statement that the hearing will be scheduled and another notice will be provided;

h.    A statement of the preliminary SEPA determination, if one has been made, and any applicable comment period;

i.    The deadline for submitting a SEPA appeal pursuant to Title 18;

j.    Staff contact for the project and information on how to obtain additional information and provide comments;

k.    The designation of the hearing examiner as the review authority, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing examiner; and

l.    Any additional information determined appropriate by the county.

2.    Distribution.

a.    The administrator shall provide notice in the following ways:

i.    Send to the applicant and the applicant’s representative;

ii.    Mail to owners of property within a radius of five hundred feet of the property:

(A)         The records of the county assessor shall be used for determining the property owner of record. The failure of a property owner to receive notice shall not affect the examiner’s decision if the notice was sent;

(B)         If the applicant owns property adjoining the property that is the subject of the application, then notice shall be mailed to owners of property within a five-hundred-foot radius of the edge of the property owned by the applicant adjoining or contiguous to the property that is the subject of the application;

iii.    Electronically send to agencies with jurisdiction;

iv.    Post on the county’s website; and

v.    Send to other people the administrator believes may be affected by the proposed action or who request such notice in writing;

b.    The county shall publish in the official county newspaper a summary of the notice, including the date, time and place of the hearing, the nature and location of the proposal and instructions for obtaining further information;

c.    For site-specific proposals, the applicant shall post one or more notice boards on the property subject to the development application as follows:

i.    Location. The board shall be installed at the midpoint along the site street frontage at a location no more than five feet inside the property line, or as otherwise directed by the administrator to maximize visibility;

ii.    Required Information. The sign shall include the following information:

(A)         The project name, a brief description, case number, public hearing date, time and location;

(B)         The contact information through which interested parties may contact the county for additional information;

(C)          The preliminary land subdivision, site plan or other plot plan view depicting the applicable development permit request;

(D)         The applicant or their representative’s contact information;

(E)         The sign shall be made of materials that will endure inclement weather conditions typical of Adams County;

(F)        The responsible county official shall provide the applicant a template for the sign;

iii.    Installation and Removal Requirements. The sign board shall be installed on the site at least fifteen calendar days in advance of the public hearing. The applicant shall maintain the sign board in good condition throughout the application review period, which shall extend through the time of the county examiner’s decision on the proposal, including the expiration of the applicable appeal period of the hearings examiner’s decision if submitted. If the sign board is removed, county review of the land use application may be discontinued until the board is replaced and has remained in place for the required period of time. The applicant shall remove the sign board within fourteen calendar days after the examiner’s decision on the application or any expiration of applicable appeal periods, whichever is later;

iv.    Affidavit of Installation. The applicant shall execute an affidavit certifying where and when the sign board was posted and submit to the administrator for inclusion in the project file.

F.    Vesting.

1.    Type III applications (other than zone change proposals) shall be considered under the land development regulations in effect at the time a complete application is filed.

2.    Special rules may apply to certain nonconforming uses under Chapter 17.64.

G.    Burden of Proof. Except for SEPA appeals which are governed by RCW 43.21C.075, the applicant shall have the burden of proving by substantial evidence compliance with applicable approval standards. Where evidence is conflicting, the examiner shall decide an issue based upon the preponderance of the evidence.

H.    Appeals.

1.    Applicability. Except as outlined in subsection (H)(3) of this section, an examiner’s decision may be appealed only by a party of record.

2.    Except as outlined in subsection (H)(3) of this section, examiner’s decisions may be appealed only if, within twenty-one calendar days after written notice of the examiner’s decision is sent, a written appeal is filed in the superior court of Adams County, pursuant to Chapter 36.70C RCW or applicable state law.

3.    Special appeal procedure applicable to uses licensed or certified by the Department of Social and Health Services or the Department of Corrections:

a.    In accordance with RCW 35.63.260, prior to filing an appeal of a final decision by a hearing examiner involving a conditional or special use permit application requested by a party that is licensed or certified by the Department of Social and Health Services or the Department of Corrections, the aggrieved party must, within five days after the final decision, initiate formal mediation procedures in an attempt to resolve the parties’ differences. If, after initial evaluation of the dispute, the parties agree to proceed with a mediation, the mediation shall be conducted by a trained mediator selected by agreement of the parties. The agreement to mediate shall be in writing and subject to Chapter 7.07 RCW. If the parties are unable to agree on a mediator, each party shall nominate a mediator and the mediator shall be selected by lot from among the nominees. The mediator must be selected within five days after formal mediation procedures are initiated. The mediation process must be completed within fourteen days from the time the mediator is selected except that the mediation process may extend beyond fourteen days by agreement of the parties. The mediator shall, within the fourteen-day period or within the extension if an extension is agreed to, provide the parties with a written summary of the issues and any agreements reached. If the parties agree, the mediation report shall be made available to the governing jurisdiction. The cost of the mediation shall be shared by the parties;

b.    Any time limits for filing of appeals are tolled during the pendency of the mediation process;

c.    As used in this section, “party” does not include the county. (Ord. O-02-25 § 1 (Exh. A))

A.    Initiation. Applications for legislative actions may be initiated by any of the following:

1.    Property owner(s) or their representatives;

2.    Any resident, agency, neighborhood association, or other party; or

3.    The board of county commissioners or the planning commission.

B.    Procedure.

1.    A Type IV procedure includes at least one public hearing before the planning commission and may include one or more public hearings before the board.

2.    Planning commission review is not required for interim actions, moratoria, and emergency legislation authorized by RCW 35.63.200.

3.    There is no processing timeline required for Type IV procedures, since these are policy matters.

C.    Public Notice.

1.    At least fifteen calendar days before the date of the planning commission hearing which is set for a Type IV file, the administrator shall:

a.    Prepare a notice of application that includes the following information:

i.    The case file number(s) and/or project name;

ii.    If applicable, a description of the site, including current zoning, nearest road intersections, parcel number(s), address(es), and other information as reasonably sufficient to inform the reader of its location and zoning;

iii.    If applicable, a map showing the subject property in relation to other properties;

iv.    A summary of the proposed application(s);

v.    Staff contact for the project and information on how to obtain additional information and provide comments;

vi.    A statement that the notice is intended to inform potentially interested parties about the hearing and to invite interested parties to appear orally or by written statement at the hearing;

vii.    The date, time, and place of the planning commission hearing, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the planning commission;

viii.     Any additional information determined appropriate by the county;

b.    Provide the notice of application in the following ways:

i.    Send to the applicant and the applicant’s representative;

ii.    Send to any person who has submitted a written request for notice of such matters;

iii.    Electronically send to agencies with jurisdiction;

iv.    Post on the county’s website;

v.    Send to other people the administrator believes may be affected by the proposed action or who request such notice in writing;

vi.    Publish in the official county newspaper a summary of the notice, including the date, time and place of the hearing, the nature and location of the proposal and instructions for obtaining further information;

vii.    For site-specific applications, mail to owners of property within a radius of five hundred feet of the property:

(A)        The records of the county assessor shall be used for determining the property owner of record. The failure of a property owner to receive notice shall not affect the examiner’s decision if the notice was sent.

(B)        If the applicant owns property adjoining the property that is the subject of the application, then notice shall be mailed to owners of property within a five-hundred-foot radius of the edge of the property owned by the applicant adjoining or contiguous to the property that is the subject of the application; and

viii.            For site-specific proposals, the applicant shall post one or more notice boards on the property. The board shall be installed at the midpoint along the site street frontage at a location no more than five feet inside the property line, or as otherwise directed by the administrator to maximize visibility.

D.    Planning Commission Hearings.

1.    Planning commission hearings shall be conducted in accordance with the rules of procedure adopted by the planning commission; provided, that the planning commission chair shall preside over the meeting and may modify the procedural rules as necessary and reasonable. A public hearing shall be recorded electronically.

2.    The planning commission recommendation shall be by the affirmative vote of the majority of the quorum present at the hearing.

3.    If the hearing is continued to a place, date, and time certain, then additional notice of the continued hearing need not be mailed, published or posted. If the hearing is not continued to a place, date, and time certain, the county shall provide notice of the continued hearing as though it was the initial hearing before the planning commission.

E.    Board of County Commissioners Hearings.

1.    The board of county commissioners may choose to hold additional public hearing(s) at their discretion.

2.    The board hearings shall be conducted in accordance with the rules of procedure adopted by the board; provided, that the board chair shall preside over the meeting and may modify the procedural rules as necessary and reasonable. A public hearing shall be recorded electronically.

3.    At least fifteen calendar days before the date of the first board hearing, the administrator shall:

a.    Prepare a notice that includes the information listed in subsection (C)(1)(a) of this section except the notice shall be modified as needed:

i.    To reflect any changes made in the application(s) during the planning commission review;

ii.    To reflect that the board will conduct the hearing, and date, time, and place of the board hearing; and

iii.    To state the planning commission recommendation.

b.    Provide a written copy of that notice to the parties identified in subsection (C)(1)(b) of this section.

c.    Provide other notice deemed appropriate and necessary by the administrator based on the subject of the Type IV process.

4.    At the conclusion of its initial hearing, the board may continue the hearing or may adopt, modify or give no further consideration to the application or recommendations. If the hearing is continued to a place, date, and time certain, then additional notice of the continued hearing is not required to be provided. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing before the board.

F.    Interim Actions, Moratoria, and Emergencies. The board may adopt a Type IV action as an interim action, a moratorium, or an emergency under RCW 35.63.200. (Ord. O-02-25 § 1 (Exh. A))

A.    Applicability. Table 17.94.070-1 identifies information to be included with preapplications and applications for all Type I, Type II and Type III applications, as follows:

1.    Type I applications: submittal items 1 and 2, and any additional materials required by the administrator.

2.    All Type II and Type III applications not listed in subsection (A)(3) of this section, submittal items 1 through 3.

3.    For applications for a conditional use, master plan, planned residential development (PRD), preliminary plat for a short plat, preliminary plat for a subdivision, and/or a site plan: all submittal items as applicable.

B.    Submittal Copies.

1.    Preapplications. The following shall be submitted with the preapplication:

a.    One electronic copy of the main submittal;

b.    One electronic copy of any special studies (e.g., wetland, floodplain, etc.); and

c.    Any hard copies as required by the administrator.

2.    Applications. The following shall be submitted with the application:

a.    One electronic copy of the main submittal;

b.    One electronic copy of any special studies (e.g., wetland, floodplain, etc.);

c.    Any hard copies as required by the administrator.

3.    The applicant will also be directed to submit additional copies of any special studies as identified below. These copies must contain any revisions or additional information required in the fully complete review:

a.    Archaeological predetermination report;

b.    Archaeological study;

c.    Traffic study and road modification requests;

d.    Floodplain, geo-hazard, habitat, shoreline, stormwater, erosion control plan, and wetland, if necessary;

e.    Mining permit applications.

(Ord. O-02-25 § 1 (Exh. A))