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HomeMy WebLinkAboutOrdinance 97-192-CCORDIi�ANCE NUMBER 97-192-CC PROJE�T COUNTY . • • •'i � �: SECTION .01 .02 .03 .04 .05 .06 .07 .08 .09 .10 .11 .12 .13 TABLE OF CONTENTS Purpose and Authority Definitions Classifications by Project Permit Type Application Process Overview Application Submission Notice of Application Procedures for Application Review Open Record Hearings Final Decisions Administrative and Judicial Appeals Consistency Analysis and SEPA Integration Optional Hearings Examiner Review Effective Date PAGE 2 3 7 13 13 20 27 44 49 51 54 58 59 WHEREAS, the Regulatory Reform Act (chapter 36.70B RCW) requires that the County establish a permit review process which, among other things: (1) provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed action; (2) combines the environmental review process, both procedural and substantive, with the procedure for the review of project permits; (3) provides for no more than one open record hearing and one closed record appeal on such permits, except for the appeal of a determination of significance: and (4) provides for the issuance of the county's final decision within 120 days after submission of the application, WHEREAS, the Grant County Planning Commission conducted a public hearing on;October 1, 1997 to receive public testimony concerning the adoption of a Local Project Review Ordinance. WHEREAS, the Grant County Planning Commission made a recommendation to adopt a Local Project Review Ordinance for Grant County at the October 1, 1997 public hearing. WHEREAS, the Grant County Commissioners conduc�ed a public hearing on October 27, 1997 and made a decision to uphold the recomznendation from the Grant County Planning Commission to approve the Local Project Review Ordinance. NOW THEREFORE, THE BOARD OF COMMISSIONERS OF THE COUNTY OF GRANT, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Title 24 is hereby added to the Grant County Code, to read as follows: Title 24 Administration of Development Regulations Chapter 1 Local Project Permit Review -1- .01 Purpose and Authority .010 Purpose and Authority .020 Applicability .030 Legislature Not Restricted .040 Conflict of Provision / Severability .010 Purpose and Authority A. The provisions of this title implement certain state requirements contained in Chapter 347, Laws of 1995, relating to the integration of growth management planning and environmental review. It is the purpose of this title to effectively and efficiently administer applications for land use development activities (entitl�d "project permit applications" by this title) by creating a permit classification system with consistent procedures for similar applications types, and by combining environmental review process (SEPA), both substantive and procedural, with the procedure for review of project permits. B. When a project permit application is filed, the project review process shall include land use, environmental, public and governmental review so that documents prepared under different requirements may be reviewed together by the public and other agencies, in one project review process. .020 Applicability The provisions of this title sha11 apply to all land use permits under Grant County Codes including but not limited to the Grant County Platting and Subdivision Ordinance, Short Plat and Short Subdivision Ordinance, Zoning Ordinance, Critical Areas Ordinance, SEPA Ordinance and Shoreline Master Program. .030 Legislature Not Restricted Nothing in this title shall limit the authority of the Board of County Commissioners to amend the county's comprehensive plan, development regulations or other land use or environmental regulatory laws. .040 Conflict of Provision / Severability In the event that any chapter, section, subsection, sentence clause, phrase, part or portion of this title is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title or the application of the provisions to other persons or circumstances. - 2 - .02 Definitions .010 .020 .030 .040 .050 .060 .070 .080 .090 .100 .110 .120 .130 .140 .150 Administrative Official Agency With Jurisdiction Board of Adjustment Board Of County Commissioners Closed Record Appeal Comprehensive Plan Decision Maker Development Regulations Hearing Examiner Land Use DeCision Open Record Hearing Planning Commission Project Permit Application Public �eeting SEPA .010 "Administrative Official" "Administrative Official" means the Board of County Commissioners or the duly appointed Director of the jurisdictional Department of the County including the Grant County Planning Department Director or the Directors designee, the Grant County Fire Marshal/Building Official or designee, the Grant County Public Works Director or the Directors designee. .020 "Agency with Jurisdiction" "Agency with jurisdiction" for purposes of this title means any agency with authority to approve, deny, or condition all or part of any project permit application as defined by this title. .030 "Board of Adjustment" "Board of Adjustment," also abbreviated as BOA, is a quasi-judicial authority in Grant County. It has the authority to hear and decide applications for conditional uses and variances .040 "Board of Countv Commissioners" "Board of County Commissioners," also abbreviated as "BOCC," is the legislative authority of Grant County. The Board of County Commissioners shall also decide on appeals, where it is alleged by the applicant that there is error in any order, requirement, permit decision, or determination, made by an administrative official in the administration or enforcement of this ordinance, of the Grant County Zoning Ordinance or any - 3 - ordinance adopted pursuant to it. .050 "Closed Record Appeal" "Closed record appeal" means to a local government body o legislative body, following project permit application w record with no or limited ne allowed to be submitted and allowed. 060 "Comprehensive Plan" an administrative appeal r officer, including the an open record hearing on a hen the appeal is on the w evidence or information only appeal argument "Comprehensive Plan" means the policies embodied in plan adopted by Grant County on August 23, 1977 (Resolution No. 77-100-CC) pursuant to the Planning Enabling Act and any amendments thereto. The term "Comprehensive Plan" shall also mean to include the Comprehensive Plan adopted by Grant County pursuant the Growth Management Act. .070 "Decision Maker" the to "Decision maker" means the person or body that is authorized by this title to render the final decision on a project permit application. Table A-2 herein designates the decision maker by project permit procedure type. .080 "Development Regulations" "Development Regulations" shall include any and all land use regulatory laws adopted by Grant County including but not limited to the Grant County Zoning Code, Grant County Long Plat Ordinance, Grant County Short Plat Ordinance, Grant County Shoreline Master Program, Grant County SEPA Ordinance, Grant County Environmentally Sensitive Lands and Critical Areas Ordinance, including any amendments thereto. The term "Development Regulations" shall also include those regulations adopted by Grant County to implement the terms and policies of the Comprehensive Plan adopted pursuant to the Growth Management Act including any interim zoning, zoning maps, official zoning controls or other interim measures intended to implement the policies and requirements of the Growth Management Act. .090 "Hearing Examiner" - 4 - An appointed officer of the County who shall interpret, review and implement the county's land use regulations as provided in this ordinance. .100 "Land Use Decision" "Land use decision" means a final determination by a local jurisdiction's body or officer with the highest level of authority to make the determination, including those with authority to hear appeals, on: A. An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, subdivided, or used, but excluding applications for permits:or approvals to use, vacate, or transfer streets, parks, and similar types of public property; excluding applications for legislative approvals such as area-wide rezones and annexations; and excluding applications for business licenses; B. An interpretive or declaratory decision regarding the application to a specific property of zoning or other ordinance or rules regulating the improvement, development, modification, maintenance, or use of real property; and C. The enforcement by a local jurisdiction of ordinances regulating the improvement, development, modification, maintenance, or use of real property. .11.0 "Open Record Hearing" "Open record hearing" means a hearing conducted by a single hearing body authorized by the local government to conduct such hearings, that creates the local governmen�'s record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing will result in either a recommendation to the Board of County Commissioners or a final decision on a project permit application. An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," only if no open record predecision hearing has been held on the project permit. - 5 - .120 "Plannina Commission" The "planning commission" is the planning body that will conduct review of and, where applicable, hearings regarding project permit applications according to the provisions of this chapter. .130 "Project Permit Application" "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site- specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulation except as otherwise specifically included in this section. .140 "Public Meeting" a) "Open Record Public Meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. b) "Closed Record Public Meetin " means a meeting where the public and the proponent(s) of a project are permitted to attend but whereby no new testimony may be provided. The public and the proponent of a project may only provide answers to specific questions asked by the Board or Administrative Official for clarification of the existing record only. .150 "SEPA" "SEPA" refers to the State Environmental Policy Act, RCW 43.21C, as it now exists or is hereafter amended, and the Grant County SEPA Ordinance. - 6 - .03 Classifications By Projeat Permit Type .010 Introduction .020 Project Permit Types - Defined .030 Classification of Project Permit Types .040 Classification of Project Permit Types - Administrative Review .050 Master Application Process/Optional Consolidated Review .060 Administrative Interpretations .070 Exemptions From This Title .010 Introduction For the purpose of project permit processing, all develop�ent permit applications shall be classified as one of the following: Type I, Type II, Type III, Type IV, or Exempt. Legislative decisions are Type V actions and are addressed in 24.03.020(B)(5). Actions exempt from the requirements af project permit application processing are listed in 24.03.070. .020 Project Permit Types - Defined A. The Administrative Official shall determine the procedural classification (Type I-V) for all project permit applications. If a question exists as to the appropriate procedure type, the Administrative official shall resolve it in favor of the higher procedural classification. B. The act of classifying an application as to type shall be a Type I ministerial action. Classification of an application shall be subject to appeal consistent with the appeal procedu�e for a Type I action. l. Type I applications involve ministerial acts and are exempt from the Determination of Completeness and public notice requirements. Final determinations on Type I applications shall be made by the Administrative Official without a public hearing and may be appealed to the Board of County Commissioners. In the case of denial of a building permit based on the Uniform Building Code or the Uniform Fire Code only, the appeal shall be to the Building Board of Appeals. Such Type I applications include, but are not limited, to permitted uses not requiring site plan review, boundary line adjustments, segregation applications, - 7 - building permits, and minor amendments to planned unit developments. 2. Type II applications typically involve administrative acts and generally, but not always, are exempt from the public notice requirements. Final determinations on Type II applications shall be made by the Administrative Official without a public hearing, and can be appealed to the Board of County Commissioners. Where a decision on a Type II application is appealed to the Board of County Commissioners, public notice of the open record appeal hearing shall be given. Such Ty�e II applications include, but are not limited to, short plats, sign permits, design reviews, revisions to shoreline management permits, and other minor administrative amendments to land use approvals. 3. Type III applications involve quasi-judicial acts and require an open record hearing before the Planning Commission, Board of Adjustment, or Hearings Examiner. Public notice will be provided on Type III applications. The Planning Commission's written decision constitutes a recommendation to the Board of County Commissioners. The Board of Adjustment's written decision constitutes the final decision. Such Type III applications include, but are not limited to, preliminary plats, vacations or alterations of plats, binding site plans, conditional use and variance permits, shoreline management permits, planned unit developments, major amendments to planned unit developments, reasonable use exceptions and zoning map amendments. The decision of the Board of Adjustment, Hearing's Examiner, or Board of County Commissioners is not subject to further administrative review, except where the Board of Adjustment, Hearings Examiner, or Board of County Commissioners agrees, in its discretion, to reconsider the matter. Decisions of the Board of Adjustment, Hearings Examiner, or Board of County Commissioners are appealable to the Grant County Superior Court. 4. Type IV applications refer to applications for final plats. - 8 - 5. Type V applications involve legislative acts and require an open record hearing before the Planning Commission. The Planning Commission's written decision shall constitute a recommendation to the Board of County Commissioners. Type V applications are typically not exempt from SEPA and require a notice of application and notice of public hearing. Such Type V applications include, but are not limited to, comprehensive plan amendments, development regulation amendments, and zon'ing text amendments. .030 Classification of Project Permit Applications Type I Type II Type III Type IV Type V Shoreline Planned Comprehensive management Unit plan permits Development amendments Building Short Preliminary Final Development Permits Plats plats, plat plats regulation vacation, amendments and alteration Permitted Design Binding uses not review Site Plan, requiring Site Plan site plan Review review Boundary Minor Variances line admin. adjustments permit amendments Segregation Minor_ Major Applications amendments amendments to planned to planned unit devs. unit development Sign Conditional permits use permits Zoning map Zoning text amendments amendments .040 Classification of Project Permit Applications - Administrative Review - 9 - Permit Rec. Open Decision Closed Appeal Process Body Record Maker Record Body Type Hearing Hearing Body Body Type I n/a n/a Admin. n/a oar o Official County Commissi- oners, or � Building Board of Appeals Type II n/a n a; or Admin. n/a oar o Board of Official County . County Commissi- � Commissi- oners or oners Shoreline Hearings Board Type III n/a *Planning oar oar uper- Commissi- of of County ior on, Board Adjust. Commiss- Court of Board of ioners Adjustme- County nt, Commissi Hearings oners, Examiner Hearings Examiner Type IV n/a n/a Countyo n a Superior Commissi Court oners Type V n a *Planning oar o oar o Superior Comm. County County Court Commiss- Commiss- ioners ioners Except in cases of preliminary plat or subdivision applications where the Planning Commission merely makes an advisory recommendation to the Board of County Commissioners. See Grant County Platting and Subdivision Ordinance � 15 and RCW � 58.17.100. ** In the case of short plat or short subdivision applications, the appeal before the Board ot County Commissioners is an open record appeal hearing. Furthermore, § 17 of the Grant County Short Plat and Short Subdivision ordinance authorizes the Board of County Commissioners to hear an appeal of the - 10 - ��* Administrative Official's denial of the application where the Board of County Commissioners remanded the decision on the application back to the Administrative Official for reconsideration. This appeal before the Board of County Commissioners is a closed record appeal. The decision of the Board of Adjustment and Board of County Commissioners can only be appealed to Superior Court. .050 Master Application Process / Optional Consolidated Review If an applicant submits a project permit application that involves two or more of the administrative processes set forth in 24.p3.020, the applicant may, at the time of the application submittal, elect to have the project permit applications processed collectively under the highest numbered process required for any of the project permit applications submitted. If no such election is made at the time of application, each project permit application will be processed individually under each of the procedures identified by the Grant County Code. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to and separately from the subsequent lower numbered procedure. .060 Administrative Interpretations Upon request, the applicable official shall issue a formal written interpretation of a development regulation which includes the applicable shoreline master program pursuant to WAC � 173-26-140. The request shall be on a form provided by the Grant County Planning Department and shall include identification of the regulation in question, a description of the property (if applicable), and a clear statement of the issue or question to be decided. Grant County shall consult with the Department of Ecology on interpretations of the Shoreline Master Program to insu.re that any formal written interpretations are consistent with the purpose and intent of RCW � 90.58 and the applicable guidelines of WAC � 173-26-040. Formal written interpretations shall be Type I unless otherwise specified, and as such may be the Grant County Commissioners or the Building Appeals. actions, appealed to Board of .070 Exemptions from this Title A. Wherever a permit or approval in the Grant County code has been designated type I, II, III, or IV, the procedures in this Title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title: 1. Landmark designations; 2. Street vacations; and 3. Road use permits. B. Pursuant to RCW � 36.70B.140(2), building permits, boundary line adjustments, other construction permits, segregation applications, and similar administrative approvals which are categorically exempt from environmental review under SEPA, are excluded from the following procedures: 1. Determination of completeness (24.05.050- .070) ; 2. Notice of application (24.06); 3. Master application/consolidated review processing (24.03.040); 4. Joint public hearings (24.08.060); 5. Single report stating all the decisions and recommendations made as of the date of the report (24.09.010); 6. Notice of decision (24.09.010); and 7. Completion of project review within applicable time periods including the 120 day permit processing time (24.09.010). - 12 - .04 .05 Application Process Overview The application process shall consist of the following components: A. Pre-application review conference, where applicable; B. Plan review; C. Determination of completeness; D. Notice of application; E. Application review; and F. Notice of final decision. Application Submission .010 .020 .030 .040 .050 .060 .070 .080 .090 .100 Pre-Application Conference Review Application And Accompanying Data Review For Counter Complete Status Review For Technically Complete Status Determination Of Completeness Definition Of Complete Incomplete Application Procedure Date Of Acceptance Of Complete Application Referral And Review Of Project Permit Applications Vesting .010 Pre-Application Review Conference A. Applications for project permit Type I actions involving structures over the SEPA threshold, Type II, Type III, and Type IV actions shall not be accepted by the Administrative Official unless the applicant has scheduled and attended a pre-application conference. The requirement for the pre-application conference may be waived by the administrative official with the concurrence of the applicant. 1) the application itself is relatively simple; and 2) the administrative official has made a good faith determination that the applicant will not be harmed by the failure to hold a pre-application conference. B. Such conferences are intended as an informal discussion and review of possible applications to assist the applicant in discovery of appropriate county regulations, standards, application materials and review processes, that would be required of a project, as well as to iden�ify environmental issues that may arise in connection with the application for proposed - 13 - development. C. Such conferences are not publicized and the public is not permitted to attend in order that a potential applicant's interest be protected. D. A request for a pre-application review conference is initiated by completing a pre-application conference form supplied by the Grant County Planning Department. E. The conference shall be held within 15 calendar days of the pre-application conference request unless otherwise agreed to by the applicant. The applicant shall be informed of the time and place of the meeting. F. Wi�hin five (5) working days after the conference, the appLicant may request that the following be provided: 1. a form which lists the requirements completed application; 2, a general summary of the procedures used to process the application; 3. the references to the relevant code provisions or development standards which apply to the approval of the application; 4. the County's design guidelines. for a to be may and/or G. The conference will not be an exhaustive review of all potential issues. The discussion at the conferences or through written communication above shall not bind or prohibit the County's future application or enforcement of applicable law. .020 Application and Accompanying Data Applications for project permits shall be submitted upon forms provided by the Administrative Official. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information: A. A completed project permit application form signed by the owner(s) of the property; B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the consent of all owners of the affected property. C. The completed application shall identify a single - 14 - contact person or entity to receive determinations and notices required by this chapter; D. All other items listed as applications requirements in the relevant sections of the Grant County ordinances governed by this Chapter. E. A property and/or legal description of the site for all applications, as required by the applicable development regulations; F. A list of the names and addresses of all persons owning real property located within three hundred feet from and parallel to the boundaries of the proposed activities and such contiguous area under the legal control:of the applicant; G. Evidence of adequate water supply as required by RCW § 19.27.097; and/or regulations established by the Grant County Health District. H. Evidence of sewer availability; or evidence of on- site sewage disposal app.roval by the Grant County Health District, or jurisdictional agency including but not limited to the Washington State Department of Health or Washington State Department of Ecology. I. Any SEPA documents, as applicable; and J. The applicable fee(s). .030 Review for Counter Complete Status A. Before accepting an application for a Type I, Type II, Type III, or Type IV process for review for technically complete status, and unless otherwise expressly provided by code, the County shall determine if the application is counter complete. B. The County shall decide whether an application is counter complete when the application is accepted, typically "over the counter"; provided, if the review authority establishes a given day of the week on which to conduct reviews for counter complete status of a given kind or kinds of application, (e.g., subdivisions), then counter complete review of that kind of application shall be on the day selected by the review authority. C. An application is counter complete if the review authority finds that the application appears to include the information required by section 24.05.020; - 15 - provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter complete review process. D. If the County decides the application is counter complete, then the application shall be accepted for review for technically complete status. In the case of a Type I application, this review and approval may occur at the same time. However, regardless of whether the application is a Type II, III, or IV, a finding of counter complete status begins the 28 calendar day timeline for the County to issue its determination of completeness specified in Section 24.05.050. E. If the County decides that the application is not counter;complete, then the County shall reject and return the application and identify in writing what is needed to make the application counter complete. 040 Review for Technically Complete Status A. Before accepting an application for processing for a Type I, II, III or IV review, the review authority shall determine that the application is technically complete. B. The County shall decide whether an application is technically complete. 1. Within fourteen (14) calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete; or 2. Notwithstanding subsections (B)(1) of this section, if the review authority establishes a given day of the week as the day on which to begin review for technically complete status for a given kind or kinds of application, (e.g., subdivisions), then the time for making a decision regarding the technically complete status of that kind of application shall begin to run on that day selected by the review authority. .050 Determination of Completeness A. Within 28 days after receiving a project permit application, the County shall mail or provide in person a written determination to the applicant stating either: - 16 - 1. that the application 2. that the application is necessary to make complete. is complete; or is incomplete and what the application B. The County shall decide whether an application is technically complete subject to the following: 1. Within fourteen (14) calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete; or 2. Notwithstanding subsections (B)(1) of this section, if the review authority establishes a given day of the week as the day on which to begin review for technically complete status for a given kind or kinds of application, (e.g., subdivisions), then the time for making a decision regarding the technically complete status of that kind of application shall begin to run on that day selected by the review authority. C. A project permit application is technically complete if it meets the submission requirements specified in section 24.05.020 above, as well as the submission requirements contained in the applicable development regulations, and application forms required by the County. D. To the extent known by the permitting agency, the permitting agency shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application. E. The determination of completeness may also include any other information the County deems appropriate. F. This section shall apply to project permit applications filed on or after the date of adoption of this title. .060 Definition of Complete A project permit application is complete for the purpose of this title when it meets the procedural submission requirements in � 24.05.020 above and the submission requirements contained in the applicable development - 17 - regulations, and application forms required by the County. Grant County's determination of completeness shall not preclude it from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. .070 Procedure Following A Request For Additional Information Within fourteen (14) days after an applicant has submitted to the permitting agency additional information identified by the permitting agency as being necessary for a complete application,:the permitting agency shall notify the applicant whether the application is complete or what additional information is required. An incomplete application shall expire 90 days after the date of the local permitting agency's written determination unless the supplemental information requested by the local permitting agency is submitted in completed form prior to the expiration date. .080 Date of Acceptance of "Complete" Application When the project permit application is complete the Administrative Official shall accept it and note the date of acceptance. .090 Referral and Review of Project Permit Applications Within ten (10) days of accepting a complete application, the Administrative Official shall transmit a copy of the application, or appropriate parts of the application, to each affected agency and county department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and county departments shall have fifteen (15) days to comment. The referral agency or county department is presumed to have no comments if comments are not received within the specified time period. The Director may grant an extension of time for comment. .100 Vesting An application shall become vested on the date a determination of completeness is made under this Title. Thereafter, the application shall be reviewed under the codes, regulations and other laws in effect on the date of vesting; provided, in the event an applicant substantially - 18 - changes his or her proposed development after a determination of completeness, as determined by administrative official, the application shall considered vested until a new determination of on the chanaes is made under this Title. - 19 - the not be completeness 06 Notice Of Application .010 Public Notice Of Application .020 Contents Of Notice Of Application .030 Method Of Public Notice By Application Type .040 Special Notice Requirements for Shoreline Master Program Permits .050 Optional Public notice .010 Public Notice of Application Grant County shall provide a notice of application to the public and the departments and agencies with jurisdic�ion on all project applications that are not categorically exempt from SEPA review, or for which a public comment period or open record predecision hearing is required. If Grant County has made a SEPA determination of significance under 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this sub-section prevents a determination of significance and scoping notice from being issued prior to a notice of application. A. Issuance of Notice of Application The notice of application shall be provided within fourteen (14) days after the determination of completeness by one or more of the following methods, as required by 24.06.030: 1. Publishing notice, including at least the project location in other than a legal description, brief description of the project, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, in the County's official newspaper of general circulation in the general area where the proposal is located. 2. Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered. 3. Mailing to adjacent landowners. Adjacent landowners are owners of real property, as shown by the records of the county assessor, located within 300 feet of any portion of the boundary of the proposal's tax parcel or lot of record (real property). If the owner of real property which is proposed for activity owns another parcel or parcels of real property which lie adjacent to the _ 20 _ real property proposed for activity, notice shall be given to owners of real property located within three hundred (300) feet of any portion of the boundaries of such adjaCently located parcels of real property owned by the owner of the real property proposed for activity 4. Posting of the property. Posting of the property for site specific proposals shall consist of one or more notice boards as follows: a) A single notice board shall be placed by the applicant: (i) At a midpoint of the site street frontage or as otherwise directed by the County for maximum visibility� (ii) Five (5) feet inside the road property line, except when the board is structurally attached to an existing building, provided that no notice board shall be placed more than five (5) feet from the road property without the approval of the Department; (iii) So that the top of the notice board is between seven (7) to nine (9) feet above ground; and b) Where it is completely visible to pedestrians. c) Additional notice may be required where: (i) The site does not abut a public road; (ii) A large site abuts more than one public road; and/or (iii) The Director determines that additional notice boards are necessary to provide adequate public notice. d) Removal of the notice board prior to the end of the notice period may be cause for discon�inuance of the Department review until the notice board is replaced and remains in place for the specified time period. - 21 - e) An affidavit of posting shall be submitted to the Director by the applicant prior to the hearing or final comment date. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application, will be postponed in order to allow compliance with this notice requirement. f) Notice boards shall be constructed and installed in accordance with specifications promulgated by the Department. B. Where Open Record Predecision Hearing is Required If an open record predecision hearing is required for the requested project permits, the notice of application shall be provide at least fifteen (15) days prior to the open record hearing. C. SEPA Exe�pt Projects A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record- predecision hearing is required. .020 Contents of Notice of Application The notice of application shall include the following: A. The date of application, the date of the notice of completion for the application, and the date of the notice of application. B. A description of the proposed project action and a list of the project permits included in the application, and, if applicable, a list of any additional studies requested by Grant County to complete the application. C. The identification of other permits not included in the application to the extent known by Grant County. D. The identification of existing environmental documents that evaluate the proposed project, if any, and, if not otherwise state on the document providing notice of application, the location where the application and any studies can be reviewed. - 22 - Identification of the department contact and phone number. E. A statement of �he public comment period, which shall be not less than fourteen (14) nor more than thirty (30) days following the date of the notice of application. F. A statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. G. All public comment received on the Notice of Application must be received in the Grant County Planning Department by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible. H. The date, time, place and type of hearing, if applicable, and scheduled at the date of the notice of application. I. A statement of any firm or preliminary determination, if one has been made at the time of the notice, of those development regulations that will be used for project mitigation and o� consistency. J. Any other information determined appropriate by Grant County. K. A notice of application shall not be required for project permits that are categorically exempt under 43.21C RCW (SEPA), unless a public comment period or an open record predecision hearing is required, or for projects identified in � 24.06.040 (Shoreline Master Program Permits). L. E�cept for a determination of significance, the County may not issue its threshold determination or issue a decision or recommendatian on a project permit until after the expiration of the public comment period on the notice of application. - 23 - .030 Method of Public Notice Of Application by Application Type Application 1st Class Posting Published Notify Type Mailing of in Groups w/ To Property Newspaper- Interest Adjacent Landowners Type I n/a no, no, no, except if except except if SEPA is if SEPA SEPA is required is required required Type II � n/a no, no, no, except if except except if SEPA is if SEPA SEPA is required is required required Type III yes yes yes yes Type IV yes yes yes yes TZrpe V yes n/a; yes yes; unless including as parties required requesting by notice, Planning neighborhood Director assoc., and other affected parties .040 Special Notice Requirements for Shoreline Master Proaram Permits A) Method of Public Notice Notice of the application of a permit under the purview of the County's Shoreline Master Program (SMP) shall be given by at least one of the following methods: 1) Mailing of the notice to the lates.t recorded real property owners as shown by the records of the county assessor within at least 300 feet of the boundary of the property upon which the substantial development is proposed; - 24 - 2) Posting notice in a conspicuous manner on the property upon which the project is to be constructed; or 3) Placing public notice in an appropriate vicinity newspaper(s) as deemed by the planning department. 4) Any other manner deemed appropriate by the county to accomplish the objectives of reasonable notice to adjacent landowners and the public. B) Content of Shoreline Master Program Permit Notice The not�ce shall include: 1) A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after the issuance of the decision, may submit the comments or requests for decision to the County within 30 days of the last date the notice is to be published pursuant to this subsection. The County shall forward, in a timely manner following issuance of the decision, a copy of the decision to each person who submits a request for the decision. 2) Notice of the hearing shall include a statement that any person may submit oral or written comments on the application at the hearing. 3) The public comment period shall be 20 (twenty) days. The notice shall state the manner in which the public may obtain a copy of the county's decision on the application no later than two (2) days following its issuance. .050 Optional Public Notice As optional methods of providing public notice of any project permits, in addition to the notice requirements established in 24.06.030, the County may: A) Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered; B) Notifying the news media; - 25 - C) Placing notices in appropriate regional or neighborhood newspapers or trade journals; D) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and E) Mailing to neighboring property owners. The County's failure to provide the optional notice as described in this subsection shall not be grounds for the invalidation of an-y permit decision. � - 26 - .07 Procedures For Application Review .010 Type I Permit Procedures .020 Type II Permit Procedures .030 Type III Permit Procedures .040 Type IV Permit Procedures .050 Type V Procedures .010 Type I Permit Procedure A) Review The Administrative Official shall approve, approve with conditions, or deny a Type I application within one hundred and twenty (120) calendar days after the date the application was accepted as technically complete; provided an applicant may agree in writing to extend the time in which the County shall issue a decision. The County may consider new evidence or information the applicant provides with or after such a written request. B) No Public Hearing Notice of a public hearing is not provided for a Type I application because no public hearing is authorized. .020 Type II Permit Procedure A) Review The Administrative Official shall approve, approve with conditions, or deny a Type II application within one hundred and twenty (120) calendar days after the date the application was accepted as technically complete. The County shall issue a written decision regarding the application(s); provided, 1) If a determination of significance (DS) is issued, then the Administrative Official shall issue a decision not sooner than seven (7) calendar days after a final environmental impact statement is issued; 2) An applicant may agree in writing to extend the time in which the Administrative Official shall issue a decision. The Administrative Official may consider new evidence or information the applicant provides with or after such a written request. - 27 - B) Notice of Open Record Public Hearing At least fifteen (15) calendar days before the date of the hearing for an application(s) subject to open record review, the Administrative Official shall issue a public notice of the hearing. Such notice of the public hearing shall contain: 1) The name and address of the applicant or the applicant's representative; 2) A description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal de�cription; 3) The date, time and place of the hearing; 4) A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation; 5) The nature of the proposed use or development; 6) A statement that all interested persons may appear and provide testimony; 7) The sections of the code that are pertinent to the hearing procedure; 8) When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted; 9) The name of a local government representative to contact and the telephone number where additional information may be obtained; 10) A statement that a copy of the application, all documents and evidence relied upon by the applicant and the applicable criteria are available for inspection at no cost and will be provided at the County's cost; and Notice of such a public hearing shall be mailed to: - 28 - 1)• The applicant and the applicant's designated representative; 2) Al1 owners of property within three hundred (300) feet of the subject property; and 3) Any person who submits written or oral comments on an application. C) Public Hearings Public hearings shall be conducted in accordance with the rules of procedure adopted by the County, except to the extent waived by the County. A public hearing shall be recorded on audio or audiovisual tape. 1) At the beginning of a hearing or agenda of hearings the review authority shall: (a) State that the testimony will be received only if it is relevant to the applicable approval criteria and development standards and is not unduly repetitious; (b) Identify the applicable approval criteria and development standards; (c) State that the review authority will consider any party's request that the hearing be continued or that the record be kept open for a perind of time and may grant or deny that request; (d) State that the review authority must be impartial and whether the review authority has had any ex parte contact or has any personal or business interest in the application. The review authority shall afford parties an opportunity to challenge the impartiality of the authority; (e) State whether the review authority has visited the site; (f) State that persons who want to receive notice of the decision may sign a list for that purpose at the hearing and where that list is kept; and (g) Summarize the conduct of the hearing. 2) At the conclusion of the hearing on each - 29 - application, the review authority shall announce one of the following actions: (a) 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, the notice of the continued hearing shall be given as though it was an initial hearing. The review authority shall adopt guidelines for reviewing requests for continuances; (b) That the public record is held open to a date and time certain. The review authority 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 review authority may adopt guidelines for reviewing requests to hold open the record. (c) That �he application(s) is/are taken under advisement, and a final order will be issued as provided in subsection iii of this section; or (d) That the application is/are, denied, approved or approved with conditions, together with a brief summary of the basis for the decision, and that a final order will be issued as provided in subsection iv of this section. D) Decision Content Within fourteen (14) calendar days after the date the record closes, the review authority should issue a written decision regarding the application(s); provided, the review authority shall not issue a written decision regarding the application(s) until at least fifteen (15) calendar days after the threshold determination under the Gran� County SEPA Ordinance is made. The decision shall include: 1) A statement of the applicable criteria and standards in this code and other applicable law; 2) A statement of tacts that the review authority found showed the application does or - 30 - does not comply with each applicable approval criterion and standards; 3) The reasons for a conclusion to approve or deny; and 4) The decision to deny or approve the application, and, if approved, any conditions or approval necessary to insure the proposed development will comply with applicable criteria and standards. E) Notice of Decision Within fourteen (14) days from the date of the decisio�, the Administrative OfficiaL should mail the notice of decision to the applicant and the applicant's representative, the neighborhood association in whose area the property in question is situated, if any, and all parties of record. The mailing shall include a notice which includes the following information: 1) A statement that the decision and SEPA determination, if applicable, are final, but may be appealed as provided in section 24.10.010 of this chapter to the Grant County Board of County Commissioners. The appeal closing date shall be listed in boldface type. The statement shall describe how a party must appeal the decision or SEPA de�ermination, or both, including applicable fees and the elements of a petition for review; and 2) A statement that the complete case file is available for review. The statement shall list the place, days and times where the case file is available and the name and telephone number of the county representative to contact for information about the case. .030 Type III Permit Procedure A) Review A Type III application requires one (1) public hearing before the Planning Commission, Board of Adjustment, or the Hearing Examiner. In the case of a Planning Commission hearing, their decision constitutes a recommendation to the Board of County Commissioners. The public hearing should be held within ninety (90) days after the date the County issues the determination - 31 - that the application is technically complete. Preliminary Plats must be approved, disapproved or returned to the applicant for modification or correction within ninety days from the filing date of an application that has been accepted by �he Planning Department and determined to be technically complete except as may be provided by this title. In determining the number of days that have elapsed after Grant County has notified the applicant that the application is complete, the periods stated in 24.090.010(B) and 24.09.040 shall be excluded. 1) Since the Planning Commission is a recommending :authority only, the Planning Commission shall direct the Planning Department within fourteen (14) days of the date of the open record hearing to prepare a written report setting forth the recommendation of the Planning Commission including: findings, conclusions, staff report, and testimony on the record from agencies and interested parties. 2) Upon receiving the recommendation from the planning commission, the Clerk of the Board or County Commissioners shall promptly set the matter for a closed record public meeting to make a decision on the Planning Commission recommendation. 3) The County Commissioners, at their discretion, may decide to hold a closed record public hearing and make a decision on the following matters. (a) Appeal of a planning commission recommendation. This appeal shall be conducted in accordance with the Board of County Commissioners Rules of Procedure and shall serve to provide argument and guidance for the planning commissions decision, Closed record appeals shall be conducted generally as provided for public hearings, however no new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments. (b) Uphold recommendation of approval with additional conditions. - 32 - (c) Modify recommendation of approval, with or without the applicant's concurrence, provided that the modifications do not: (1) Enlarge the area or scope of the project. (2) Increase the density of the project. (3) Significantly increase adverse environmental impacts as determined by the SEPA responsible official. (d) Denial (reapplication or resubmittal is permitted). , (e) Denial with prejudice (reapplication or resubmittal is not allowed for one year). (f) Remand for further proceedings. (g) No Recommendation. B) Notice of Public Hearing At least fifteen (15) calendar days before the date of the hearing for an application(s) subject to Type III review, the County shall issue a public notice of the hearing. Such notice of the public hearing shall contain: 1) The name and address of the applicant or the applicant's representative; 2) A description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description; 3) The date, time and place of the hearing; 4) A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation; 5) The nature of the proposed use or development; 6) A statement that all interested persons may appear and provide testimony; - 33 - 7) The sections of the code that are pertinent to the hearing p�ocedure; 8) When information may be examined, and when and how written Comments addressing findings required for a decision by the hearing body may be admitted; 9) The name ot a local government representative to contact and the telephone number where additional information may be obtained; 10) A statement that a copy of the application, all documents and evidence relied upon by the applicant and the applicable criteria are available for inspection at no cost and will be provided at �he Coun�y's cost; and Notice of such a public hearing shall be mailed to: 1) The applicant and the applicant's designated representative; 2) All owners of property within three hundred (300) feet of the subject property; and 3) Any person who submits written or oral comments on an application. D) Public Hearings Public hearings shall be conducted in accordance with the rules of procedure adopted by the County, except to the extent waived by the County. A public hearing shall be recorded on audio or audiovisual tape. 1) At the beginning of a hearing or agenda of hearings the review authority shall: (a) State that the testimony will be received only if it is relevant to the applicable approval criteria and development standards and is not unduly repetitious; (b) Identify the applicable approval criteria and development standards; (c) State that the review authority will consider any party's request that the hearing be continued or that the record be kept open for a period of time and may grant or deny - 34 - that requires; (d) State that the review authority must be impartial and whether the review authority has had any ex parte contact or has any personal or business interest in the application. The review authority shall afford parties an opportunity to challenge the impartiality of the authority; (e) State whether the review authority has visited the site; (f) State that persons who want to receive notice of the decision may sign a list for that purpose at the hearing and where that list is kept; and (g) Summarize the conduct of the hearing. 2) At the conclusion of the hearing on each application, the review authority shall announce one of the following actions: (a) 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, the notice of the continued hearing shall be given as though it was an initial hearing. The review authority shall adopt guidelines for reviewing requests for continuances; (b) That the public record is held open to a date and time certain. the review authority 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 review authority may adopt guidelines for reviewing requests to hold open the record. (c) That the application(s) is/are taken under advisement, and a final order will be issued as provided in subsection iii of this section; or (d) That the application is/are, denied, approved or approved with conditions, - 35 - together with a brief summary of the basis for the decision, and that a final order will be issued as provided in subsection iv of this section. (e) In the case of a Planning Commission open record public hearing, if a recommendation is made to approve, approve with conditions, or deny the proposal, the recommendation shall be forwarded the Grant County Commissioners for approval at a closed record public meeting. E) Decision Content Within fourteen (14) calendar days after the date the record closes, the review authority should issue a written decision regarding the application(s); provided, the review authority shall not issue a written decision regarding the application(s) until at least fifteen (15) calendar days after the threshold determination under the Grant County SEPA Ordinance is made. The decision shall include: 1) A statement of the applicable criteria and standards in this code and other applicable law; 2) A statement of facts that the review authority found showed the application does or does not comply with each applicable approval criterion and standards; 3) The reasons for a conclusion to approve or deny; and 4) The decision to deny or approve the application, and, if approved, any conditions or approval necessary to insure the proposed development will comply with applicable criteria and standards. F) Notice of Decision Within seven (7) days from the date of the decision, the planning director should mail the notice of decision to the applicant and the applicant's representative, the neighborhood association in whose area the property in question is situated, and all parties of record. The mailing shall include a notice which includes the following information: - 36 - 1) A statement that the decision and SEPA determination, if applicable, are final, but may be appealed as provided in section 24.10.010 of this chapter to the Grant County Board of County Commissioners, within fourteen (14) days after the date the notice is mailed. The appeal closing date shall be listed in boldface type. The statement shall describe how a party must appeal the decision or SEPA determination, or both, including applicable fees and the elements of a petition for review; and 2) A statement that the complete case file is available for review. The statement shall list th� place, days and times where the case file is available and the name and telephone number of the county representative to contact for information about the case. G) Special Notice Requirements for Type III Preliminary Plat Actions In addition to the notice for Type III actions above, for preliminary plats and proposed subdivisions, additional notice shall be provided as follows: 1) Notice of the filing of a preliminary plat application adjacent to or within one mile of the boundaries of a city ar town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities. 2) Notice of the filing of a preliminary plat application of a proposed subdivision located adjacent to the right-of-way of a state highway or within two (2) miles of a boundary of a state municipal airport shall be given to the secretary of transportation, who must respond within fifteen (15) days. 3) Special notice of the hearing shall be given to adj,acent landowners by any other reasonable methods Grant County deems necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred (300) feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie - 37 - adjacent to the real property proposed to be subdivided, notice required by section RCW 58.17.090(1)(b) shall be given to owners of real property located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. 4) For Preliminary Plats, notice shall be published not later than 15 days prior to the hearing in a newspaper of general circulation within the County and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located. .040� Type TV Permit Procedure A) Review Final Plats shall be reviewed for conformance to all applicable local, state, and federal regulations and any conditional of approval stipulated by the Board of County Commissioners. B) No Public Hearing Notice of an open record public hearing is not provided for a Type IV application because no public hearing is authorized. .050 Tvpe V Procedures A) Review A Type V procedure requires one (1) or more hearings before the Grant County planning commission and may require one (1) or more hearings or meetings before the Grant County Board of County Commissioners. 1) Since the Planning Commission is a recommending authority on1y, the Planning Commission shall direct the Planning Department within fourteen (14) days of the date of the open record hearing to prepare a written report setting forth the recommendation of the Planning Commission including: findings, conclusions, staff report, and testimony on the record from agencies and interested parties. 2) Upon receiving the recommendation from the planning commission, the Clerk of the Board of - 38 - : County Commissioners shall promptly set the matter for a public meeting to make a decision on the Planning Commission recommendation. 3) The County may decide hearing and matters. Commissioners, at their discretion, to hold a closed record public make a decision on the following (a) Appeal of a planning commission recommendation. This appeal shall be conducted in accordance with the Board of County Commissioners Rules of Procedure and shall serve to provide argument and guidance for the planning commissions decision, Closed record appeals shall be conducted generally as provided for public hearings, however no new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments. (b) Uphold recommendation of approval with additional conditions. (c) Modify recommendation of approval, with or without the applicant's concurrence, provided that the modifications do not: (1) Enlarge the area or scope of the project. , (2) Increase the density of the project. (3) Significantly increase adverse environmental impacts as determined by the SEPA responsible official. (d) Denial (reapplication or resubmittal is permitted). (e) Denial with prejudice (reapplication or resubmittal is not allowed for one year). (f) Remand for further proceedings. Notice of Public Hearing Before Planning Commission At least fifteen (15) calendar days before the date of the first planning commission hearing for an application subject to Type V review, the planning direct shall: - 39 - 1) Prepare a notice of application that includes the following information: (a) The case file number(s), (b) A description and map of the area that will be affected by the application, if approved, which is reasonably sufficient �o inform the reader of its location, (c) A summary of the proposed application(s), (d) The place, days and times where information about the application may be examined and the name and telephone number of the county representative to contact about the application, (e) A statement that the notice is intended to inform potentially interested parties about the hearing and to invite interested parties to appeal orally or by written statement at the hearing, (f) The designation of the review authority, the date, time and place of the hearing, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the review authority, and (g) A general explanation of the requirements for submission of testimony and the procedure for the conduct of hearings. 2) Mail a copy of a notice prepared under subsection b of this section to: (a) Parties who request notice of such matters, based on a list kept by the planning director for that purpose, (b) The neighborhood association, if any, in whose area the property in question is situated, based on the list of neighborhood associations kept by the planning director, (c) To other people the Administrative Official believes may be affected by the proposed action. 3) Publish in a newspaper of general circulation a summary of the notice, including the date, time and place of the hearing and a summary of the subject of the Type V process; and - 40 - 4) Provide other notice deemed appropriate and necessary by the planning director based on the subject of the Type V process. C) Public Hearings Public hearings shall be conducted in accordance with the rules of procedure adopted by the review authority, except to the extent waived by the review authority. A public hearing shall be recorded on audio or audiovisual tape. D) Conclusion of Hearing Before Planning Commission At the �onclusion of a planning commission hearing on a Type V application, the planning commission shall announce one of the following actions. 1) 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 before the planning commission; OR 2) That the planning commission recommends against or in favor of approval of the application(s) with or without certain changes, or that the planning commission will recommend neither against nor for approval of the application(s) together with a brief summary of the basis for the recommendation. E) Notice of Closed Record Hearing or Meeting Before the Board of County Commissioners At least fifteen (15) days before the date of the first Board of County Commissioners hearing or meeting for an application subject to Type V review, if any, the Administrative Official shall: 1) Prepare a notice that includes the information listed in subsection (b)(i) of this section except the notice shall be modified as needed: (a) To reflect any changes made in the - 41 - application(s) during the planning commission review; (b) To reflect that the Board of County Commissioners will Conduct the hearing or meeting and the place, date and time of the hearing or meeting, and (c) To state that the planning commission recommendation staff report, and SEPA evaluation are available for inspection at no cost and copies will be provided at a reasonable cost; 2) Mail a copy of that notice to the parties id�ntified in subsection (b)(ii) of this section and to parties who request it in writing; 3) Publish in a newspaper of general circulation a summary of the notice, including the date, time and place of the hearing and a summary of the subject of the Type V process and; 4) Provide other notice deemed appropriate and necessary by the Administrative Official based on the subject of the Type V process. F) Conclusion of Hearing Before Board of County Commissioners At the conclusion of its initial hearing regarding a Type V application, the Board of County Commissioners, may continue the hearing or meeting, or may adopt, modify or give no turther consideration to the application or recommendations. If the hearing or meeting is not continued to a place, date and time certain, then notice of the continued hearing or meeting shall be given as though it was tYie initial hearing before the Board. G) Decision Content Within fourteen (14) calendar days after the date the conclusion of the public hearings and or meetings, the review authority should issue a written decision regarding the application(s); provided, the review authority shall not issue a written decision regarding the application(s) until at least fifteen (15) calendar days after the threshold determination under the Grant County SEPA Ordinance is made. The decision shall include: - 42 - 1) A statement of the applicable criteria and standards in this code and other applicable law; 2) A statement of facts that the review authority found showed the application does or does not comply with each applicable approval criterion and standards; 3) The reasons for a conclusion to approve or deny; and 4) The decision to deny or approve the application, and, if approved, any conditions or approval necessary to insure the proposed development will comply with applicable criteria and standards. H) Notice of Decision Time Limitations Within seven (7) calendar days of the decision, the Board of County Commissioners should mail a notice of decision to the applicant and the applicant's designated representative. The mailing shall include a notice which includes the following information: 1) A statement that the decision and SEPA determination are final, but may be appealed as provided in section 24.10.060. The appeal closing date shall be listed in bold face type. the statement shall describe how a party must appeal the decision or SEPA determination or both, including applicable fees and the elements of an appeal statement. 2) A statement that the complete case file, including findings, conclusions, and conditions of approval, if any, is available for review. The notice shall list the place, days and times where the case file is available and the name and telephone number of the county representative to contact about reviewing the case file. - 43 - .08 Open Record Hearings .010 Generally .020 Responsibility Of Administrative Official For Hearing .030 Order Of Proceedings .040 Burden Of Proof - Open Record Hearings .050 Site View Of Subject Property .060 Joint Public Hearings .070 Conflict of Interest, Ethics, Open Public Meetings, Appearance of Fairness .080 Ex Parte Communications .090 Disqualification .010 Generally Any open record public hearings held on a project permit application shall be conducted in accordance with this chapter. .020 Responsibility of Administrative Official for Hearing Upon the filing of a project permit application requiring a public hearing, the administrative official shall: A) Set the time and place for the public hearing and shall provide notice of the hearing as set forth in chapter 24.07.010 -.050; B) Prepare a staff report on the application and present this staff report at the public hearing. This staff report will incorporate on the project permit application, any mitigation measures recommended under the County's development regulations or under the authority of SEPA, and the County's final SEPA determination on the project permit application, if applicable. In the case of a Type TI project permit application, this report may be the permit. C) Prepare the notice of hearing body and/or mail a decision to those required notice. .030 Order of Proceedinas decision, if required by the copy of the notice of by this code to receive such Public hearings shall be conducted in accordance with the rules of procedure and shall serve to create or supplement an evidentiary record upon which the Planning Commission, Board of County Commissioners, or the Board of Adjustment, will base its decision or recommendation. The review authority shall open the public hearing and, in general, observe the following sequence of events: - 44 - A. Staff presentation, including submittal of any administrative reports. The planning commission may ask questions of the staff. B. Applicant presentation, including submittal of any materials. The review authority may ask questions of the applicant. C. Testimony or comments by the public relative to the matter being heard. Questions directed to the staff or the applicant shall be posed by the review authority at its discretion but the review authority shall act to facilitate rights to confront and examine adverse witnesses. D. Rebuttal, response or clarifying statements by the staff and the applicant. E. The public hearing portion of the hearing shall be closed and the review authority may deliberate on the matter. At this time, the review authority may further question a person submitting information or the staff if opportunity for rebuttal is provided. .040 Burden of Proof - Open Record Hearings The burden of proof is on the applicant, or, in the case of an open record appeal, on the appellant. .050 Site View of Subject Property The review authority may view the subject property with or without notification to the parties, but the circumstances of such site view shall be placed on the record. .060 Joint Public Hearings A. The Administrative Official may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency with jurisdiction on the proposed action. Hearings shall be combined if requested by an applicant, provided that: 1. The hearing is held within the geographic boundaries of Grant County; 2. Each agency is not expressly prohibited by statute from doing so; 3a Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance or - 45 - rule; 4. Each agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; 5. The joint hearing can be held within the required time periods or the applicant may agree to a particular schedule in the event that additional time is needed in order to combine the hearings. B. All agencies participating in a combined hearing may issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, or take such other actions as may be necessary to hold.joint hearings consistent with each of their respective statutory obligations. .070 Conflict of Interest, Ethics, Open Public Meetings Appearance of Fairness The hearing body shall be subject to the code of ethics (RCW � 35A.42.020), prohibitions on the conflict of interest (RCW � 35A.42.050 and chapter 42.23 RCW), open public meetings (chapter 42.30 RCW), and appearance of fairness (chapter 42.35 RCW) as the same now exists or may hereafter be amended. .080 Ex Parte Communications A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before it, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless it provides notice and opportunity for all parties to participate; EXCEPT as provided in this section; 1) the hearing body may receive advice from legal counsel; 2) the hearing body may communicate with staff members (except where the proceeding relates to a code enforcement investigation or prosecution). B) Tf, before serving as the hearing body in a quasi- judicial proceeding, any member of the hearing body receives an ex part communication of a type that could not properly be received while serving, the member of the hearing body promptly after starting to serve, shall disclose the communication descrYbed in subsection c) below. - 46 - C) If the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record: 1) All written communications received; 2) Al1 written responses to the communication; 3) State the substance of all oral communications received, and all responses made; 4) The identify of each person from whom the examiner received any ex parte communication. The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within ten (10) days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record. 090 Disaualification A. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate. 1. Before receiving information on the issue, the following shall be determinedo a) Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate; b) Any abstentions or disqualification shall be determined. 2. The presiding officer may take official notice of known information related to the issue, such as: a) A provision of any ordinance, resolution, rule, officially adopted development standard or state law; and b) Other public records and facts judicially noticeable by law. 3. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record. However, the hearing body may take notice of matters listed in subsection (2) of this section - 47 - if statement for the record. Any matter given judicial notice may be rebutted. 4. The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner and circumstances of such view on the record. 5. Information shall be received form the staff and from proponents and opponents. The presiding office� may approve or deny a request from a person attending the hearing to ask a question after taking into account rights to confront and examine adverse witnesses. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony. 6. When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information of the staff if opportunity for rebuttal is provided. �• .09 Final Decisions .010 Timeline for Notice of Decision .020 Exemptions from Time Period for Notice of Decision 010 Timeline for Notice of Decision A. Unless otherwise provided in this Chapter, the notice of decision shall be issued within one hundred twenty (120) calendar days after Grant County notifies the applicant that the application is complete. The time frames set forth in this section apply to permit applications filed on or after the effective date of this ordinance. B. Tn 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: 1. Any period during which the applicant has been requested by Grant 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 (14) days after the date the information has been provided to the County; 2. 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 (1) above shall apply as if a new request �or studies had been made; 3. Any period during which an environmentaL impact statement is being prepared following a determination of significance pursuant to chapter 43.21C RCW; 4. Any period for administrative appeals ot project permits or SEPA , if an open record appeal hearing or a closed record appeal, o� both, are allowed. The time period for consideration and decision on appeals shall not exceed: - 49 - a. ninety (90) days for an open record appeal hearing; and b. sixty (60) days for a closed record appeal. 5. The parties may agree to extend these time periods. C. 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 estimat�d date for the issuance of the notice of decision. D. Requires the preparation of an Environmental Impact Statement. .040 Exemptions from Time Periods for Issuing Notice of Decision The time limits established by 24.09.010(A) do not apply if a permit application: A. Requires amendment to the comprehensive plan or development regulation(s); B. Requires approval of a new fully contained community, a master planned resort, or the siting of an essential public facility; or C. Is substantially revised by the applicant as determined by the administrative official, in which case the time period shall start from the date at which the revised project application is determined to be complete. - 50 - .10 Administrative And Judiaial Appeals .010 Standing To Initiate Administrative Appeals .020 Administrative Appeals of Permit Decisions .030 Appeal Procedures .040 Judicial Appeals Ol0 Standing to Initiate Administrative A�peals For purposes of this section, standing to appeal a decision under � 24.10. is limited to the following persons: A. The applicant or owner of the property to which the permit decision is directed. B. Another person aggrieved or adversely affected by the permit decision, or who would be aggrieved or adverse�y affected by a reversal or modification of the permit decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following Conditions are met. l. The permit decision has prejudiced or is likely to prejudice that person. 2. That person's asserted interests are among those that the review authority was required to consider when it made the permit decision. 3. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the permit decision. .020 Administrative A�peals of Permit Decisions A. A final decision regarding an application subjec� to a Type I or II procedures may be appealed by an interested party only if, within fourteen (14) calendar days after written notice of the decision is mailed, a written appeal is filed with the Board of County Commissioners for appeal of a Type I or Type II decision. (Note that Type I2I decisions of the Board of Adjustment, Hearing's Examiner or Board of County Commissioners are not subject to further administrative review, except where the decision-making body agrees, in its disoretion, to reconsider the matter. DeCisions of the Board of Adjustment, Hea�ing's Examiner or Board of County Commissioners are appealable to the Grant County Superior Court.) - 51 - B. The administrative appeal shall contain a written, concise statement identifying: 1. The decision being appealed; 2. The name, address and telephone number of the appellant and his interest(s) in the matter; 3. Appellant's statement describing his or her standing to appeal; 4. The speCific reasons why the appellant believea the decision to be wrong. The appellant shall bear the burden of proving the decision wrong; 5. The desired outcome or changes to the use decision; and 6. A statement �hat the appellant has read the ap�eal and believes the contents are true, followed by the appellant's signature. C. The appeal shall be accompanied by the appropriate appeals fee of one hundred dollars ($100.00). D. Upon the filing of a completed appeal in a timely fashion from a final decision, the administrative official shall set the time and place at which the matter will be considered. The officer from whom the appeal is being taken shall forthwith transmit to the reviewing body all of the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent. 030 Ap�eal Procedures The designated appeal body shall hear appeals of Type I and Type II decisions in an open record hearing according to the statutes, rules or procedures established for the appeal body. Notice of the public hearing shall be provided as specified by � 24.060 or other statute or administrative rule. A report, summary or brief may be prepared, a hearing shall be conducted, a decision shall be made, and a Notice of Decision shall be issued similar to that set forth in �24.070. Such appeal decisions are appealable only to superior court; except Shoreline Management Act permits are appealable to the shoreline hearings board. .040 Judicial A��eals A. Proceedings for judicial review shall be commenced by filing a land use petition in Grant County Superior Court. This process shall be the exclusive means of judicial review of Type III, IV and V land use decisions, except for: - 52 - l. Land use decision of a local jurisdiction that are subject to review by a quasi-judicial body Created by state 1aw, such as the shoreline hearings board or the growth management hearings board; 2. Judicial review of application for a writ of mandamus or prohibition; or, 3. Claims provided by any law for monetary damages or compensation. B. The land use petition is timely if it is filed and served on all required parties within twenty-one (21) days of;the issuance of the land use decision pursuant to 36.70C RCW. C. For the purposes of this section, the date on which a land use decision is issued is: l. Three (3) days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available; 2. If the land use decision is made by ordinance or resolution by a legislative body sitting on a quasi-judicial capacity, the date the body passes the ordinance or resolution; or 3. If neither (1) nor (2) applies, the date the decision is entered into the public record. - 53 - .11 Consistency Analysis and SEPA Integration .010 .020 .030 .040 .050 .060 .070 Determination of Consistency Consistency Analysis SEPA Integration Use Of Existing Environmental Documents Issuance of SEPA Threshold Determinations Appeals of SEPA Determinations Categorical Exemptions 010 Determination of Consistenc Fundamental land use planning choices made in adopted comprehensive plans and development regulations will serve as the found�tion for project review. As part of project review, the reviewing official shall determine if a proposed project is consistent with Grant County's applicable development regulations, or in the absence of applicable development regulations, the adopted comprehensive plan. This consistency review will consist of a review of the type of land use(s) permitted at the site, the level of development allowed, infrastructure analysis, and the character of the development. .020 Consistencv Analvsis A. During project permit application review, the County shall determine whether the.items listed in this subsection are defined in the development regulations as applicable to the proposed project. In the absence of applicable development regulations, the County shall determine whether the items listed in this subsection are defined in the County's adopted comprehensive plan. This determination of consistency shall include the following: 1. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development, or other measures of density; 3. The availability and adequacy of infrastructure and public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by chapter 36.70A RCW; and, - 54 - 4. The character of the development, such as development standards. B. In determining consistency, the determinations made pursuant to this chapter shall be controlling. C. During project review, Grant County or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the items identified in subsection (A) of this section, except for issues of code interpretation. .030 SEPA Intearation A. Environmental review for projects determined not to be categorically exempt under SEPA (RCW 43.21C) and the Grant County SEPA ordinance shall be integrated and run concurrently with the permit procedures of this title. Specifically, the County shall review the project permit application under the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, the SEPA rules, Chapter 197-11 WAC, and the Grant County SEPA ordinance and shall: 1. Determine whether the applicable regulations require studies that adequately analyze all of the proposed project's specific probable adverse environmental impacts; 2. Determine if the applicable regulations require measures that adequately address such environmental impacts; 3. Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures; 4. Provide prompt and coordinated review by government agencies and the public in compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. .040 Use of Existina Environmental Documents A. As provided by in the Grant County SEPA Ordinance, the Administrative Official may determine that existing comprehensive plans, subarea plan elements of a comprehensive p1an, development regulations, or other - 55 - local, state or federal rules or laws provide adequate analysis and mitigation of the specific probable adverse environmental impacts of a proposed action if: 1. In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan elements of the comprehensive plan, or other local, state, or federal rules or laws; and 2.: The local government bases or conditions its approval on compliance with these requirements or mitigation measures. B. In its review of a project permit application, the County may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan, and/or in other applicable local, state, or �ederal laws provides adequate analysis of and mitigation for the specific adverse environmental impacts of the proposed project. C. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of a proposed project when: 1. The impacts have been avoided or otherwise mitigated; or 2. The County has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by chapter 36.70A.RCW. D. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the County shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the County shall base or condition its approval on compliance with those other existing rules or laws. - 56 - E. Nothing in this section limits the authority of the County in its review or mitigation ot a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by chapter 43.21 RCW. .050 Issuance of SEPA Threshold Determinations A. Expiration of Notice of Application Comment Period � Except for a determination of significance (DS), Grant County may not issue a SEPA threshold determination or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application. B. SEPA Determination of Significance (DS) and Notice of Application If Grant County has made a SEPA determination of significance (DS) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this subsection prevents a determination of significance and scoping notice from being issued prior to a notice of application. C. Public Hearing on Project Permit If an open record predecision hearing is required on the underlying project permit application, Grant County shall issue its threshold determination at least fifteen (15) days prior to the open record predecision hearing. .060 Appeals of SEPA Determinations Administrative SEPA appeals to the Board of County Commissioners are established in the Grant County SEPA Ordinance 95-60-CC and RCW 36.70 B. .070 Categorical Exemptions Actions categorically exempt under chapter 43.21c.110(1)(a) RCW do not require environmental review or the preparation of an environmental impacts statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (WAC chapter 197-11) may.not be conditioned or denied under SEPA. - 57 - .12 Optional Hearing Examiner Review .010 Hearing Examiner Review Available .020 County Not Precluded From Adopting Hearing Examiner Ordinance .010 Hearing Examiner Review Available Under the terms of this ordinance, wherever the Board of Adjustment, Board of County Commissioners or the Planning Commission has authority to review, make a recommendation on, or make a decision on a project permit application, the applicant or the Board of County Commissioners, may at their option, elect to have a hearing examiner take the place of the planning commission, Board of County Commissioners, or Board of Adjustment in reviewing, or making a recommendation or decision on a project permit application, provided; the applicant or the Board of County Commissioners agrees to pay any and all costs, charges, and fees associated therewith. .020 County Not Precluded From Adopting Hearing Examiner Ordinance Nothing in this Chapter precludes Grant County from at any time adopting an ordinance authorizing the replacement of the planning commission or Board of Adjustment system currently employed by this ordinance, with a hearing examiner system. : .13 E£fective Date This ordinance, being an exercise of a power speci�ically delegated to the County legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of any approved summary thereof consisting of the title. However, the procedures and time frames for issuance of permits and/ or approvals shall apply only to project permit applications filed on or after November 24, 1997. Done this 24th day of November, 1997 � ��' ��.{ �.�„u..�-�-�'"'.�.`.> Leroy lison, ai'rman Helen Fancher, Member �.._�__...�-i.�✓%�.� R-��`" Tim S ead, ember _� A F�S T : 0. 1 ' r� �? C� PeggY l�-gg Clerk of the Board APPROVED AS TO FORM BY: Steven Hallstrom Deputy Prosecuting Attorney Board of County Commissioners Grant County, Washington This ordinance is filed with the Grant County Auditor's Office under Auditor's File Number . - 59 -