A.

Project permit decisions are classified into five types, based on the amount of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required before a decision is made and whether administrative appeals are provided.

B.

Type 1 decisions are made by town administrators who have technical expertise as designated by ordinance. Type 1 decisions are administrative decisions not subject to administrative appeal. The only appeal for Type 1 decisions is to Superior Court. Public notice is not required for Type 1 decisions.

Type 1 Decisions

C.

Type 2 decisions are decisions which are initially made by the town Planner or, in certain cases, other town administrators or committees, but which are subject to an open record appeal to the planning commission, city council, or, in the case of shoreline permits, an appeal to the state shorelines hearings board pursuant to RCW 90.58.

Type 2 Decisions

D.

Type 3 decisions are quasi-judicial decisions made by the board of adjustment following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances, which may be appealed to the state shoreline hearings board pursuant to RCW 90.58.

Type 3 Decisions

E.

Type 4 decisions are quasi-judicial decisions made by the board of architectural review or the planning commission, following an open record hearing. Type 4 decisions may be appealed to the city council, which will hold a closed record appeal hearing based on the record established by the board of architectural review or planning commission, except shoreline conditional use permits, which are appealable to the state shoreline hearings board pursuant to RCW 90.58.

Type 4 Decisions

F.

Type 5 decisions are quasi-judicial decisions made by the City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court.

Type 5 Decisions

(Ord. 541 § 1 (part), 1999)

No administrative appeals of procedural and substantive SEPA decisions shall be permitted. In any case in which an administrative appeal of a procedural or substantive SEPA decision is made, the hearing on such appeal shall be consolidated with the hearing on the merits of the underlying permit(s).

A.

Applicants shall have the right to request that all permit applications related to a single project be processed as a consolidated permit application.

B.

All permits included in consolidated permit applications that would require more than one Type of land use decision process, shall be processed together, including any administrative appeals, using the highest numbered land use decision Type applicable to the project application; except that decisions on Type 1 applications shall still be made by the responsible administrative agency or officer and shall not be subject to administrative review or appeal.

(Ord. 541 § 1 (part), 1999)

Land use permits that are categorically exempt from review under the State Environmental Policy Act ("SEPA") will not require a threshold determination. For all other projects, the SEPA review procedures are supplemental to the procedures set forth in this chapter.

(Ord. 541 § 1 (part), 1999)

Prior to filing a permit application requiring a Type 1, 2, 3, 4 or 5 decision, the applicant shall contact the department to schedule a pre-application conference. The purpose of the pre-application conference is to review and discuss the application requirements with the applicant and provide comments on the development proposal. The pre-application conference shall be scheduled by the department at the request of an applicant, and shall be held in a timely manner.

(Ord. 541 § 1 (part), 1999)

In order to comply with the requirements of RCW 36.70B.080 (which requires that the town specify the contents of a complete application for a land use permit), RCW 36.70B.070 (which requires the town to determine whether applications are complete within twenty-eight days of submission) and RCW 36.70B.090 (which requires the town to make a decision on a permit application within one hundred twenty days of determining the application is complete), the following standards for permit applications are established:

1.

Applications shall be made by the property owner, lessee, contract purchaser, governmental agency or by an authorized agent thereof. The department shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in subsections 2 and 4 of this section, all land use permit applications shall include the following in quantities specified by the department:

a.

An application form provided by the department and completed by the applicant. The applicant shall be allowed to file a consolidated application for all land use project permits requested by the applicant for the development proposal at the time the application is filed;

b.

A current certificate of water availability from the water utility purveyor serving the site;

c.

Site percolation study approved by the Snohomish County department of health pursuant if the site is proposed for development using a septic system, or a certificate of sewer availability from the sewer utility purveyor serving the site;

d.

A site plan prepared in a form prescribed by the planning department;

e.

Proof that the lot or lots are recognized as separate lots pursuant to the provisions of Title 16 and RCW 58.17;

f.

Any sensitive area studies as required;

g.

A completed environment checklist, if required;

h.

A list of any existing environmental documents known to the applicant or the town that evaluate any aspect of the proposed project;

i.

A list of any permits or decisions applicable to the development proposal that have been obtained prior to filing the application or that are pending before the town or any other governmental entity;

j.

A stormwater design which meets the requirements set forth in the county surface water design manual;

k.

For land use permits requiring a Type 3, 4, or 5 decision: current assessor's maps and a list of tax parcels to which public notice must be given; a set of mailing labels addressed to the owners thereof; and a set of stamped envelopes addressed to the occupants thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses are not the same as the street addresses of the properties to which notice is required;

l.

Legal description of the site;

m.

A soils engineering report for the site;

n.

Traffic study or studies, if required;

o.

A landscaping plan, if required;

p.

A tree clearing plan, if required;

q.

A parking plan, if required;

r.

Design review plans and related documents, if required;

s.

Verification of applicable contractor's registration number, if required by RCW 18.27.100.

2.

The town planner may waive any of the specific submittal requirements listed in this section that are determined to be unnecessary for review of an application.

3.

A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department.

4.

There are additional application requirements for the following land use permits, which must be provided in addition to the materials identified in this section in order for an application to be deemed complete:

a.

Land altering permit;

b.

Construction permits;

c.

Water system connections;

d.

Sanitary sewer connection;

e.

Flood control permits;

f.

Short subdivisions;

g.

Preliminary subdivisions;

h.

Final subdivisions;

i.

Binding site improvement plans;

j.

Sign permits;

k.

Shoreline substantial development permits, shoreline conditional use permits and shoreline variances, see RCW 90.58 and the applicable shoreline master program.

5.

The applicant shall attest by written oath to the accuracy of all information submitted for an application. The department shall have the authority to require the applicant to submit a title report or other proof of ownership of the property or other proof of the applicant's authority to submit an application regarding the property.

6.

Applications shall be accompanied by the payment of applicable filing fees, if any.

(Ord. 541 § 1 (part), 1999)

A.

Within twenty-eight days following receipt of a permit application, the department shall mail or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. To the extent known by the department, the notice shall identify other agencies of local, state, regional or federal governments that may have jurisdiction over some aspect of the development proposal.

B.

An application shall be deemed complete under this section if the department does not provide written notice to the applicant that the application is incomplete within the twenty-eight-day period as provided herein.

C.

If the application is incomplete and the applicant submits the additional information requested by the department, the department shall mail or provide in person written notice to the applicant, within fourteen days following the receipt of the additional information, whether the application is complete or what further information, specified by the department as provided in DMC Section 17.104.070A, is necessary to make the application complete. An application shall be deemed complete if the department fails to provide written notice to the applicant within such fourteen-day period that the application is incomplete.

D.

An application shall be conclusively deemed to be complete on the department's issuance of a notice of complete application as provided in subsections A or C of this section, or the expiration of the time periods for issuance of such a notice as provided in subsections B or C of this section.

E.

The department shall cancel an incomplete application if the applicant fails to submit the additional information required by DMC Sections 17.104.070(A) or (C) within ninety days following notification from the department that the application is incomplete. The department may extend this cancellation date up to one hundred twenty additional days if the applicant submits a written request for an extension prior to cancellation. The request must clearly demonstrate that the delay is due to circumstances beyond the applicant's control (such as the need for seasonal wetland date) or unusual circumstances not typically faced by other applicants, and that a good faith effort has been made to provide the requested materials.

F.

The fact that an application is deemed complete pursuant to this section shall not, under any circumstances, prevent the town from subsequently requesting additional information or studies regarding any aspect of a proposed project, which is deemed necessary to a complete review of the proposed project.

(Ord. 541 § 1 (part), 1999)

A.

A notice of application shall be provided to the public, departments and agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions and for all Type 1 decisions which require SEPA review, except that a notice of application is not required in the case of a code interpretation pursuant to DMC Section 17.96.010 or a sign permit denial.

B.

A notice of application shall be issued by the department within fourteen days following the department's determination that the application is complete.

C.

If the responsible official has made an environmental determination under RCW 43.21 prior to the issuance of the notice of application, notice of the determination shall be combined with the notice of application. If a determination of significance (DS) has been made prior to the issuance of the notice of application, the notice of application shall also include the scoping notice required by WAC 197-11-360.

D.

All required notices of application shall contain the following information:

1.

The file number;

2.

The name of the applicant and the owner of the property, if different than the applicant;

3.

A description of the project, the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed;

4.

A site plan on eight and one-half by eleven-inch paper, if applicable;

5.

A statement establishing a public comment period, which shall be fourteen days for Type 1, 2, 3 and 4 decisions and twenty-one days for Type 5 decisions following the date of the notice of application, provided that a public comment period is not required in the case of a code interpretation or a sign permit denial, and further provided that the comment period for projects requiring a shoreline substantial development permit is twenty or thirty days, as specified in RCW 90.58.140;

6.

The procedures and deadline for filing comments, requesting notice of any required hearings, and any appeal rights are as follows.

Any person may comment in writing on the application during the public comment period, and may participate by submitting either written or oral testimony, or both, at any hearings, and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application;

7.

For Type 5 decisions, the date, time and place of the public meeting required by DMC Section 17.108.120 and an explanation of the purpose of and procedure to be followed at such meeting;

8.

The date, time plan and type of hearing, if applicable and scheduled at the time of notice;

9.

The identification of other permits not included in the application to the extent known by the department;

10.

A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and for determining consistency with applicable town requirements.

E.

Additional information is required by RCW 90.58 for notices of application for projects, which require a shoreline substantial development permit.

F.

Except for a determination of significance, the department shall not issue a threshold determination pursuant to RCW 43.210, and the department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the notice of application.

(Ord. 541 § 1 (part), 1999)

Notice of application shall be provided as follows:

A.

For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review, the notice of application shall be mailed by first class mail to the applicant and to departments and agencies with jurisdiction, except that a notice of application is not required in the case of a code interpretation pursuant to DMC Section 17.96.010 or a sign permit denial.

B.

For Type 1 decisions and Type 2 decisions which require SEPA review, the notice of application shall be provided by posting pursuant to DMC Section 17.104.110, provided that the notice of application for a Type 1 decision involving a single-family residence need not be posted but shall be published one time in a newspaper of general circulation in the town.

C.

For Type 3, 4 and 5 applications, the notice of application shall be posted pursuant to DMC Section 17.104.110 and mailed pursuant to DMC Section 17.104.120.

D.

For applications, which require any shoreline permit, additional notice shall be provided as required by RCW 90.58.

E.

For preliminary plats, additional published notice shall be provided as required by RCW 58.17.090(a).

F.

The town clerk shall have the discretion in unusual circumstances (i.e., lengthy utility corridor or right-of-way construction projects) where posting and mailed notice would be impractical, to require the notice of application to be published in a newspaper of general circulation in the area where the proposal is located, in lieu of posting and mailed notice.

(Ord. 541 § 1 (part), 1999)

Any person who: (A) submits comments, in writing, on an application during the public comment period; (B) requests, in writing, copies of notice of any public hearing on an application; (C) requests, in writing, copies of any decision on the application; (D) testifies on an application at a public hearing; or (E) who otherwise indicates, in writing, a desire to be informed of the status of the application, shall be a party of record. The applicant shall always be considered a party of record.

(Ord. 541 § 1 (part), 1999)

Posted notice for a proposal shall consist of one or more notice boards prepared and posted by the applicant within fourteen days following the department's determination of completeness as follows:

A.

A single notice board shall be posted for a project. This notice board shall also be used for the posting of the notice of decision and any notice of hearing, and shall be placed by the applicant as follows:

1.

The notice board shall be located at the midpoint of the site street frontage or as otherwise directed by the department for maximum visibility.

2.

The notice board shall be five feet inside the property line except when the board is structurally attached to an existing building, provided that no notice board shall be placed more than five feet form the street property without approval of the department.

3.

Notice boards shall be at least four feet by four feet in size and shall be designed, constructed and installed in accordance with specifications promulgated by the department.

4.

The top of the notice board shall be between seven to nine feet above grade.

5.

The notice board shall be placed so that it is completely visible to pedestrians.

B.

Additional notice boards may be required by the department when:

1.

The site does not abut a public road;

2.

A large site abuts more than one public road; or

3.

The department determines that additional notice boards are necessary to provide adequate public notice.

C.

Notice boards shall be maintained in good condition by the applicant during the notice period as follows:

1.

For Type 3, 4 or 5 decisions, from fourteen days after the determination of completeness until the date of the public hearing on the application;

2.

For Type 2 decisions requiring posted notice of application, from fourteen days after the determination of completeness until the later of (a) fourteen days after the issuance of a decision by the department or other administrative authority, or (b) the date of any administrative appeal hearing on the application;

3.

For a Type 1 decision requiring posted notice of application, from fourteen days after the determination of completeness until the expiration of the public comment period;

4.

For any project requiring a shoreline substantial Development permit, the notice board shall be posted for a minimum of thirty days.

D.

The department shall have the discretion to determine that removal of the notice board prior to the end of the notice period, or failure to maintain it in good condition, is cause for discontinuance of review of the application until the notice board is replaced and remains in place for a specified time period.

E.

An affidavit of posting shall be submitted to the department by the applicant within fourteen days following the department's determination of completeness to allow continued processing of the application by the department.

(Ord. 541 § 1 (part), 1999)

A.

A mailed notice shall be issued to all owners/residents within five hundred feet of any portion of the project boundary by first class mail by the department within fourteen days following the department's determination of completeness and at least ten days prior to the public hearing as follows:

1.

Any period of time during which the applicant has been requested by any town department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: (a) the date the department, agency or hearing body determines whether the additional information satisfies the request, or (b) fourteen days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines that the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made;

2.

The period of time during which an environmental impact statement is being prepared following a determination of significance pursuant to RCW 43.21C;

3.

A period of no more than ninety days for an open record appeal hearing on a Type 2 land use decision, and no more than sixty days for a closed record appeal on a Type 4 land use decision appealable to the city council;

4.

Any additional time period of administrative review agreed upon by the department and the applicant;

5.

Any additional time period agreed upon by the department, the applicant and any parties to an appeal;

6.

Any period of time during which an applicant fails to post the property, if permit processing is suspended by the department pursuant to DMC Section 17.104.110.

B.

The time limits established in this section would not apply if a project permit application requires an amendment to the comprehensive plan or a development regulation.

C.

The time limitations established in this section shall not apply to street vacations or other approvals related to the use of public areas or facilities.

D.

If a final decision cannot be issued within the time limits established by this section, the department should 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 final decision.

(Ord. 541 § 1 (part), 1999)

A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of establishing time periods pursuant to DMC Section 17.104.130 when such modification would result in a substantial change in a project's review requirements, as determined by the department.

(Ord. 541 § 1 (part), 1999)

A.

Applications for Type 1, 2, 3, 4 and Type 5 decisions (other than rezones and shoreline environment redesignations) shall be considered under the zoning and other land use control ordinances in effect on the date a complete application is filed meeting all of the requirements of DMC Section 17.104.070. The department's issuance of a notice of complete application as provided in DMC Sections 17.104.070A or C, or the failure of the department to provide such a notice as provided in DMC Section 17.104.070B or C, shall cause an application to be deemed complete for purposes for the vested rights doctrine.

B.

Supplemental information required after filing of a complete application shall not affect the validity of the vesting for such application.

C.

Vesting of an application does not vest any subsequently required permits, nor does it affect the requirements for vesting of subsequent permits or approvals.

D.

A determination that an application is complete shall not be deemed to affect the requirement of the vested rights doctrine that an application is not vested if it fails to comply with the zoning and other land use control ordinances in effect at the time a complete application is filed.

(Ord. 541 § 1 (part), 1999)

A.

At least ten days prior to any public hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions, the department shall issue a notice of hearing by mail pursuant to the provisions of DMC Section 17.104.120. In addition, at least ten days. The department shall post the notice of hearing on any posted notice board(s) erected pursuant to DMC Section 17.104.110. Such notice of hearing shall include the following information:

1.

The file number;

2.

The name of the applicant;

3.

A description of the project, the location, a list of the permits included in the application and the location where the application, the staff report, and any environmental documents or studies can be reviewed;

4.

A site plan on eight and one-half by eleven-inch paper, if applicable;

5.

The date, time, place and type of hearing;

6.

The phone number of the department and the name of the staff person who can provide additional information on the application and the hearing.

B.

The department shall have the discretion to include additional information in the notice of hearing if the department determines that such information would increase public awareness or understanding of the proposed project.

(Ord. 541 § 1 (part), 1999)

A.

The department shall provide written notice in a timely manner of the final decision on permits requiring Type 2, 3, 4 and 5 decisions and on permits requiring Type 1 decisions which require SEPA review. Such notice shall identify the threshold determination, if any, and the procedures for administrative appeals, if any. Notice shall be delivered by first class mail or in person to the applicant, to the department of ecology and to agencies with jurisdiction, and to all parties of record.

B.

Notices of decision for shoreline substantial development permits shall also comply with the requirements of RCW 90.58.

(Ord. 541 § 1 (part), 1999)

The department shall refer permit applications and portions of permit applications to other town departments and administrators with authority and/or expertise to review such applications. The department shall incorporate the decisions and consider the recommendations of such other town departments and administrators in permits, approvals and recommendations issued pursuant to this title.

(Ord. 541 § 1 (part), 1999)

All notices issued pursuant to this chapter shall be deemed to have been issued on the date on which the department mails them.

(Ord. 541 § 1 (part), 1999)