§ 23.57.100. Development permit approval process.

A development application shall be submitted to the department for review and approval prior to any development. A development application may include one or more phases of the area within an approved MPD.

A.

Administrative Design Review. A complete design review application, on forms provided by the county, shall be submitted to the department for review and decision. The department shall not approve a design review unless it determines that such proposal complies with the applicable design guidelines contained in the MPD approval. The department may:

1.

Schedule additional meetings to consider the conceptual design review application; or

2.

Approve with or without conditions of approval; or

3.

Deny the proposal.

Decisions by the department design review staff are final unless appealed to the hearing examiner.

B.

SEPA. Design review and subdivision applications submitted to the department shall comply with the county's adopted regulations concerning compliance with the State Environmental Policy Act, Chapter 43.21C RCW and TCC Chapter 17.09.

C.

Hearing Examiner. An application for a subdivision plat or binding site plan shall be submitted to the hearing examiner for review and decision. The hearing examiner shall hold a public hearing thereon, and notices thereof shall be given as provided in Chapter 23.72, Public Notification. The hearing examiner shall not approve an application unless said plan complies with the standards contained in the applicable MPD approval and Title 18, Subdivision. The hearing examiner may:

1.

Recommend terms and conditions of approval; or

2.

Require the provision, and further public review, of additional information and analysis; or

3.

Deny the proposal.

Prior to the approval of an application, the hearing examiner shall conduct a public hearing thereon, and notices thereof shall be given as provided in TCC Chapter 23.72, Public Notification. Decisions by the hearing examiner are final unless appealed to the board of county commissioners pursuant to TCC Chapter 2.06.

D.

Site Plan Review. A complete site plan review application, on forms provided by the county, shall be submitted to the county for review and decision. The department shall not approve an application unless the committee determines that such proposal complies with design review, environmental review and hearing examiner conditions of approval and county engineering development standards. The department may:

1.

Schedule additional meetings to consider the FSPRA application proposal; or

2.

Approve with or without conditions of approval; or

3.

Deny the proposal.

E.

Appeals. Decisions by the department are final unless appealed to the hearing examiner. Appeals of any design review decisions, SEPA determinations, or other department decisions shall be considered together by the hearing examiner pursuant to TCC Chapter 2.06.

F.

Phasing. If a proposed master planned development is to be constructed in phases, the project as a whole shall be portrayed on the MPD application, and each phase must receive development permit or final plat review and approval according to the procedures established herein. Those portions of the MPD which have received a development permit approval shall be subject to the provisions of Section 23.57.100H, Expiration or Extension.

G.

Amendments. Amendments to the development permit which change any of the requirements or conditions contained in the site plan review approval shall not be permitted without prior written approval of such adjustment by the department or hearing examiner. If the proposed amendment also changes the requirements or conditions of the MPD, the amendment shall be processed as an amendment to the MPD as provided in Section 23.57.080F, Amendments. If approved, amendments shall be clearly depicted as a revision to the ordinance text and site plans.

H.

Expiration or Extension. Knowledge of expiration date is the responsibility of the applicant. The county shall not be held accountable for notification of expirations.

1.

Subdivisions. Pursuant to Chapter 17.20, Subdivision Term and Effect of Preliminary Plat Approval, an approved preliminary plat shall be binding for a period of five years. The applicant may request and the director may grant a single one-year time extension in order to extend the preliminary plat approval only if in the opinion of the department, the plat continues to serve the public use and interest, and to comply with the comprehensive plan and other applicable laws or plans. However, if in the opinion of the department, the plat does not continue to serve the public use and interest, comply with the comprehensive plan or other applicable laws or plans, the department shall schedule the request for a time extension for a public hearing before the examiner upon such notice and in accordance with the approval procedures of Title 18, Subdivision. In no case shall an extension be granted for more than one year. If an extension of time is approved, the plat shall be subject to all new and amended regulations, requirements, policies or standards which are adopted after the original date of approval unless there has been substantial on-site work completed. If final plat is not approved within three years from the date of preliminary plat approval, and an extension of time has not been granted, the plat approval shall expire and the land and the structures thereon shall be used only for a lawful purpose permissible within the underlying zone.

2.

Site Plan Review Approval. The department site plan approval shall be valid for one year and may be extended for a period not to exceed two years pursuant to Section 23.72.140E, Site Plan Review.

I.

Building Permits. The approved MPD and development application shall constitute a limitation on the use and design of the site. Engineering and building permits may be issued for any improvements or structures consistent with the approved development permit prior to the approval of the final plat, provided that:

1.

The construction will be consistent with the approved MPD and development permit.

2.

The building permit application must identify the location and dimensions of the proposed building(s) in relation to all lot lines for the site and must provide proposed building elevations. Minor alterations may be made provided the alteration is approved by the department. Minor alterations are those which may affect the precise dimensions or siting of buildings (i.e., setback, lot coverage, height), but which do not affect the basic character or arrangement and number of buildings approved in the MPD or development permit, nor the density of the development or the amount and quality of open space and landscaping. Such dimensional adjustments shall not vary more than ten percent.

3.

No vertical construction may take place until the necessary fire flow and emergency vehicle access have been provided to the building(s).

4.

All required infrastructure, including but not limited to utilities and streets, have been completed or arrangements or contracts have been entered into to guarantee that such required infrastructure will be completed for the phase of the project involved. Such guarantees shall be considered for minor finish-out items only. All basic infrastructure, such as roads, services and utilities, must be complete and operable.

5.

Partial or complete construction of structures shall not relieve the applicant from, nor impair county enforcement of, conditions of MPD approval or the development permit.

6.

Units/property may not be sold until final plat or binding site plan approval (see TCC Title 18, Subdivision).

7.

Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when the work to be performed meets the requirements of the program phasing elements of the development permit.

(Ord. 11274 § 3 (part), 1996)