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995 Attach Division 2 Review Administration and Enforcement UNIFIED DEVELOPMENT CODE REVIEW, ADMINISTRATION,and ENFORCEMENT 4 ¡«¤ ®¥ #®³¤³² CHAPTER 18.10 INTEGRATED PROJECT REVIEW PROCESS ................................................................................... 1 18.10.010I............................................................................................................. 1 NTENT AND GENERAL PROVISIONS 18.10.020SPRC ................................................................................................................ 1 ITE LAN EVIEW OMMITTEE 18.10.030A ........................................................................................................... 1 PPLICATION AND INTERPRETATION 18.10.040C ......................................................................................................................... 2 ONSENT TO INSPECTION 18.10.050P ....................................................................................................................... 2 ROJECT CATEGORIZATION 18.10.060D.......................................................................................................... 2 ETERMINATION OF COMPLETENESS 18.10.070P....................................................................................................................................3 ERMIT VESTING 18.10.080N .......................................................................................................................... 3 OTICE OF APPLICATION 18.10.090F .................................................................................................................... 4 INAL DECISION AND NOTICE 18.10.100A ............................................................................................................................................... 4 PPEALS 18.10.110A ................................................................................................................... 6 PPLICATION REQUIREMENTS 18.10.120A............................................................. 8 DDITIONAL APPLICATION REQUIREMENTS FOR CERTAIN APPLICATIONS CHAPTER 18.11 - ENVIRONMENTAL REVIEW AND PERMITTING ........................................................................... 17 18.11.010I ............................................................................................................................................... 17 NTENT 18.11.020A ......................................................................................................................................... 17 UTHORITY 18.11.030P .................................................................................................. 17 ERMITS WITHIN A FLOOD HAZARD AREA 18.11.040C............................................................................................................ 17 RITICAL AREAS REVIEW PROCESS 18.11.050D..................................................................................................................... 23 ETERMINATION PROCESS 18.11.060A ............................................................................... 24 DDITIONAL REQUIREMENTS FOR CERTAIN EXCEPTIONS 18.11.070M............................................................................................................ 26 ODIFICATIONS AND VARIANCES 18.11.080V ............................................................................................. 27 ARIANCES TO FLOOD DAMAGE PREVENTION 18.11.090F...................................................................................................... 28 LOOD DAMAGE PREVENTION APPEAL CHAPTER 18.12 - MINISTERIAL REVIEW................................................................................................................ 30 18.12.010M-........................................................................................................... 30 INISTERIAL REVIEW GENERALLY 18.12.020C ....................................................................................................................... 30 ONSTRUCTION PERMITS 18.12.030R--W ................................................................................................................. 30 IGHTOFAY USE PERMITS 18.12.040CYHR....................................................................... 31 ERTIFICATE OF APPROPRIATENESS ELM ISTORIC EGISTER 18.12.050C ............................................................................................................................... 31 IVIL PLAN REVIEW 18.12.060M.............................................................................................................. 31 INISTERIAL SITE PLAN REVIEW 18.12.070B................................................................................................................ 32 OUNDARY LINE ADJUSTMENT 18.12.080H............................................................................................................................. 33 OME OCCUPATION 18.12.090F,,, .......... 33 INAL SUBDIVISIONS ADMINISTRATIVE SUBDIVISIONSSUBDIVISION ALTERATIONS AND BINDING SITE PLANS 18.12.100F .................................................................................................................... 33 INAL SHORT SUBDIVISIONS 18.12.110S ................................................................................................................................................ 34 IGNS 18.12.120S ............................................................................................................................. 34 TREET TREE PERMIT CHAPTER 18.13 ADMINISTRATIVE REVIEW ........................................................................................................ 35 18.13.010A-..................................................................................................... 35 DMINISTRATIVE REVIEW GENERALLY 18.13.020A ......................................................................................................... 35 DMINISTRATIVE SITE PLAN REVIEW 18.13.030S.............................................................................................................................. 36 HORT SUBDIVISION 18.13.040A................................................................................................................ 36 DMINISTRATIVE SUBDIVISION 18.13.050S .......................................................................................... 37 UBDIVISION ALTERATIONS AND AMENDMENTS 18.13.060A ................................................................................................................... 38 DMINISTRATIVE VARIANCE CHAPTER 18.14 - QUASI-JUDICIAL REVIEW........................................................................................................... 39 18.14.010Q--...................................................................................................... 39 UASIJUDICIAL REVIEW GENERALLY 18.14.020P ................................................................................................................................. 39 UBLIC HEARINGS 18.14.030RCDD ............................................................................... 40 EPORT BY OMMUNITY EVELOPMENT EPARTMENT 18.14.040HECC ..................... 40 EARING XAMINER OR ITY OUNCILS DECISION AND RECOMMENDATION FINDINGS REQUIRED 18.14.050P ................................................................................................................... 40 RELIMINARY SUBDIVISIONS 18.14.060S ........................................................................................................................................ 41 PECIAL USE 18.14.070B ............................................................................................................................. 42 INDING SITE PLANS 18.14.080P ...................................................................................................... 42 LANNED RESIDENTIAL DEVELOPMENT 18.14.090M ..................................................................................................................... 43 IXED USE DEVELOPMENT 18.14.100V ......................................................................................................................................... 44 ARIANCES 18.14.110C ...................................................................................................................... 45 RITICAL AREA EXCEPTION CHAPTER 18.15 LEGISLATIVE REVIEW ................................................................................................................ 46 18.15.010L ........................................................................................................... 46 EGISLATIVE REVIEW GENERALLY 18.15.020P ................................................................................................................................. 46 UBLIC HEARINGS 18.15.030AUDC........................................................................................ 46 MENDMENT OF NIFIED EVELOPMENT ODE 18.15.040C ......................................................................................... 47 ONCEPTUAL MASTER PLANNED DEVELOPMENT 18.15.050F ................................................................................................... 47 INAL MASTER PLANNED DEVELOPMENT 18.15.060YHR ........................................................................................................... 48 ELM ISTORIC EGISTER LISTING 18.15.070RYHR ............................................................................................... 49 EMOVAL FROM ELM ISTORIC EGISTER CHAPTER 18.16 CONCURRENCY MANAGEMENT ............................................................................................... 50 18.16.010I ................................................................................................. 50 NTENT OF CONCURRENCY MANAGEMENT 18.16.020E ....................................................................................................................................... 50 XEMPTIONS 18.16.030L................................................................................................................ 51 EVEL OF SERVICE STANDARDS 18.16.040P ......................................................................................... 52 ROCEDURES FOR CONCURRENCY EVALUATIONS 18.16.050C.................................................................................... 52 RITERIA FOR ISSUING A FINDING OF CONCURRENCY 18.16.060E. .................................................................................................. 56 FFECT OF A FINDING OF CONCURRENCY 18.16.070R..................................................................................... 57 ESERVATION OF WATER OR SEWER CONNECTIONS 18.16.080I. .................................................................................................................... 57 MPROVEMENT DEFERRALS 18.16.090I ....................................................................................................................................... 57 MPACT FEES CHAPTER 18.17 - IMPROVEMENT AGREEMENTS AND FINANCIAL GUARANTEES .................................................. 60 18.17.010A. ........................................................................... 60 GREEMENT IN LIEU OF COMPLETION OF IMPROVEMENTS 18.17.020A ............................................................. 61 GREEMENT TO ASSURE SUCCESSFUL OPERATION OF IMPROVEMENTS 18.17.030F................................................................................................................ 61 ORM OF FINANCIAL SECURITY 18.17.040A............................................................................................................ 61 MOUNT OF FINANCIAL SECURITY 18.17.050D ................................................................................................................................. 62 EFECTIVE WORK CHAPTER 18.18 - ENFORCEMENT ......................................................................................................................... 63 18.18.010P ........................................................................................................................... 63 URPOSE AND INTENT 18.18.020V. ....................................................................................................................................... 63 IOLATIONS 18.18.030E .................................................................................................... 63 NFORCEMENT AND DUTY TO ENFORCE 18.18.040I................................................................................ 64 NVESTIGATION AND SERVICE OF NOTICE OF VIOLATION 18.18.050S,,......................................................................... 67 TOP WORK ORDER EMERGENCY AND ABATEMENT ORDERS 18.18.060P .......................................................................................................................................... 67 ENALTIES 18.18.070U ................................................................. 69 NAUTHORIZED CRITICAL AREA ALTERATIONS AND ENFORCEMENT C18.10–IPRP HAPTER NTEGRATED ROJECT EVIEW ROCESS 18.10.010Intent and general provisions The intent of this chapter is to establish proceduresfor implementing the provisions of Chapter 36.70A (RCW)regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. This chapter is enacted pursuant to the Washington state legislature requirements under the Regulatory Reform Act and Chapters 36.70A, 36.70B, 36.70C, 43.21C, and 58.17(RCW). Unless otherwise indicated in this chapter, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessments, studies, plans, reconnaissance, peer review by qualified consultants, and other work prepared in support of or necessaryto review the application. In the interpretation and application of this chapter, the provisions of this chapter shall be considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute. 18.10.020Site Plan Review Committee The Site Plan Review Committeeshall be comprised of the Community Development Director, the Public Works Director, and other members as appointed by the City Administrator or his/her designee.The Site Plan Review Committeereviews all applications for land development to ensure compliance with all City development regulations. 18.10.030Application and interpretation A.Application. This chapter describes how the City will concurrently process applications for development subject to review under the Unified Development Code, Title 18 YMC. B.Interpretation. The Community Development Directoror his/her designee shall review project applications as follows: 1.For consistency with Yelm’s Comprehensive Plan, the standards of this title, and any adopted development and design guidelines; 2.To identify specific project design and conditions relating to mitigation; and 3.To make decisions on permits based upon the record established at the public hearing, if one is held. Review, Administration, and Enforcement Page 1 18.10.040Consent to inspection The applicant shall provide sufficient and reasonable access to the property, to enter upon and inspect as reasonably necessary to process the application. 18.10.050Project categorization Once an application isreceived, the Community Development Department determines the projects categorization, and shall follow the review process as described below. A.Ministerial. Projects allowed outright by the underlying zoning district and are of such a scale and character that they do not require public notice or hearings. These projects are subject to clear and objective standards and may require professional technical judgment. B.Administrative. Projects allowed outright by the underlying zoning district and areof such a scale and character that they may cause impacts to the surrounding neighborhood or to Cityservices that may require mitigation. Administrative projects require public notice, but do not require an open record pre-decision hearing. These projects are subject to objective and subjective standards,about which there may be limited public interest, and which may require discretion about nontechnical issues. C.Quasi-Judicial. Projects that are of such a scale and character that they may be incompatible with the surrounding neighborhood or to City services that may not be able to be fully mitigated. Quasi-judicial permits require public notice,an open record pre-decision hearing,and allow for a closed record appeal. These projects require substantial discretion,and may havebroad public interest. D.Legislative.Projects that entail the creation of new policiesor codes that require significant public input. Legislative projectsrequire an open record pre-decision hearing. These projects have broad public interest. 18.10.060Determination of completeness Within 28days of receipt of an application, the Cityshall notify the applicant that the application is complete or what specific information is required to complete the application. Within 14days of receipt of additional information from the applicant, the Cityshall notify the applicant that the application is complete or remains incomplete. Notices may be sent via electronic mail or first classmail. Review, Administration, and Enforcement Page 2 18.10.070Permit vesting Avalid and fully complete ministerial, administrative, and quasi-judicial permit application, and/or developer agreement establishesthe point of vesting of development rights. 18.10.080Notice of application A.When required. All administrative and quasi-judicial project permit applications require issuance of a notice of application. B.Content. All notices of application shall contain a description of the proposed project, including the dates of its application and determination of completeness; the date, time, place, and type of action for the project; the method to comment upon and/or appeal the project; identification of other known permits needed; identification of existing environmental documents; and the threshold determination pursuant to the State Environmental Policy Act, if applicable. C.Timing. A notice of application is distributed within 14days after the determination of completeness, and provides for a comment period of 15 days following the date of the notice of application. D.Notice of application methods. Distribution of the notice of application will be bythe following methods. 1.Electronic mail, or first class mail to affected City departments, State orFederal agencies having jurisdiction, affected tribal governments, and to the applicant and/or the applicant’s representative. 2.First classmail to all property owners of record within 300feet of the subject project’s boundaries. 3.Publication in a newspaper of generalcirculation in the City. 4.Other noticing requirements that may be required by state or federal statute. E.Special considerations. 1.Administrative subdivision. Within 10days of determination of completeness, notice shall be posted on or around the land proposed to be subdivided in at least fiveconspicuous places designed to attract public awareness of the proposal.The notice shall include notification that no public hearing will be held on the application unless requested within 21days from the date of the notice, and set procedures and time limitations for persons to require a public hearing and make comments. 2.Secure community transition facilities. In addition tothe methods listed above, notice shallbe provided via first classmail to all property owners of record within 1,000feet of the subject project’s Review, Administration, and Enforcement Page 3 boundaries. 3.Conceptual and final master site plans. In addition to the methods listed above, notice shall be provided via first class mail to all property owners of record within 1,000feet of the subject project’s boundaries. 18.10.090Final decision and notice Allfinal decisionsshall include proceduresfor appeal. A final decision may consist of a letterof approval for ministerial projects,ora permit approval or adecision at a hearing for administrative, quasi-judicial, and legislative projects. A.Timing. 1.A final decision must be issued within 120days after the notice of complete application is issued, provided that this does not include any time taken: a.By the applicant to submit additional informationrequired for the review of the project; b.For the preparation of an environmental impact statement;or c.To process and decide administrativeappeals provided they do not exceed 90days for an open record appeal hearing or 60days for a closed record appeal. 2.The 120day limit does not apply to legislative projects. B.Special considerations. 1.Preliminary subdivision.Afinal decision for preliminary subdivisions shall be issued within90days after the notice of complete application is issued. 2.Final subdivision. Final subdivisions will be approved, disapproved or returned to the applicant within 30days from the date of submitting the final subdivision application to the City. 18.10.100Appeals A.Appeals of administrative determinations.All ministerial and administrative project permit decisions,and any administrative determination that terminates review may be appealed to the Hearing Examinerat an openrecord appeal hearing. B.Appeals of Hearing Examinerdecisions.All final decisions of the Hearing Examinermay be appealed to the City Councilat a closed record appeal hearing. Review, Administration, and Enforcement Page 4 C.Judicial andstate board appeals.All final decisions of the City Council may be appealed pursuant to the time limits, methods, procedures and criteria for review of land use decisions by the courts or by a quasi- judicial body created by state law, such as the Growth Management Hearings Board. D.Appeal of State Environmental Policy Act threshold determinations. 1.Determination of Non-significance(DNS). There is no local administrative appeal of a DNS. 2.Determination of Significance(DS). An appeal of a DS or the scope of the environmental impact statement may occur before a final decision. The Hearing Examinershall decide the appeal at a closed record appeal hearing. 3.Mitigated Determination of Non-significance (MDNS). a.For projects requiring a public hearing,the appeal shall be consolidated with the underlying permit. b.For projects that do not require a public hearing,the appeal must be made together with an appeal of the underlying permitof the MDNS. E.Standing to appeal. Appeals may be initiated by: 1.The applicantand/orthe owner of property to which the decision is directed; 2.Another person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision.A person is aggrievedor affected within the meaning of this section only when all the following conditions are present: a.The land use decision has prejudiced or is likely to prejudice that person; b.That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision; c.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 land use decision; and d.The petitioner has exhausted his/her administrative remedies to the extent required by law. Review, Administration, and Enforcement Page 5 F.Content of appeal. Appeals must be in writing, beaccompanied by the appealfee established by the City Council, and contain the following information: 1.Appellantsname, address, and phone number; 2.Astatement describing the appellant’s standing to bring the appeal; 3.Identification of the decision thatis the subject of the appeal, including date of the decision being appealed; 4.A specific statement of the grounds for the appeal and the facts upon which the appeal is based; 5.The relief sought; and 6.A statement that the appellant has read the appeal and believes the contents to be true and correct, signed by the appellant. G.Timing of appeal. All appeals must be filed within21days from the date of the decision being appealed. H.Requests for reconsideration. Requests for reconsideration to the Hearing ExaminerorCity Councilare not authorized. I.Stay. A timely appeal stays the effective date of the decision until the matter has been resolved at the Citylevel. 18.10.110Application requirements Each application shall contain the following information in clear and intelligible form: A.A complete description of the proposed development; B.The names, addresses and telephone numbers of the owner(s) of the land;the applicant;the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan;and of any authorized representative of the applicant; C.Names and addresses of owners of record of land within 300feet of the parcel(s) proposedfor development, and within 300feet of contiguous property in the same ownership; D.Site address and legal description, including parcel numbersof all lands included in the development, and total acreage; E.Vicinity sketch showing the location of the site and its relationship to surrounding areas; F.The proposed use or uses of the land and buildings, and number of square feet in gross floor area for each commercial and industrial use; G.Copy of covenants or other restrictions applying to or proposed to encumber or be imposed upon the site. Review, Administration, and Enforcement Page 6 H.A site plan drawing or drawings at a scale of not less than one inch for each 50feet which shall include or show: 1.The location of all existing and proposed structures, including, but not limited to, buildings, building setback lines, fences, culverts, bridges, roads and streets on the subject property; 2.The boundaries of the property proposed to be developed; 3.All areas, if any, to be preserved as buffers or to be dedicated to a public, private or community use or for open space under the provisions of this or any other Cityordinance, and information regarding percentage of area covered; 4.Preliminary landscaping; 5.Allexisting and proposed easements; 6.The locations of all existing and proposed utility structures and lines, and the location of any wells and underground storage tanks onor within 100feet of the site; 7.The stormwater drainage systems for existing and proposed structures; 8.All means of vehicular and pedestrian ingress and egress at the site and the size and location of driveways, streets and roads; 9.The location and design of off-street parking areas showing their size and locations of internalcirculation and parking spaces; 10.The location of all loading spaces, including, but not limited to, truck loading platforms and loading docks; 11.A grading plan for any cuts and/or fills collectively exceeding 100 cubic yards, exclusive of cuts and fills solely for streets or utilities. Such plan shall include the extent and nature of proposed cuts and fills and information on the character of the soil and underlying geology; 12.Location and area, in square feet, of all signs; 13.Topographic map or maps thatdelineate contours, both existing and proposed, at intervals of 2feet, and which locate existing streams and forested areas,and the location of all areas subject to flooding with any proposed flood control facilities or improvements; 14.The location of other natural features such as rock outcroppings and marshes; 15.The boundaries of any natural resource lands or critical areas as defined by the City. Review, Administration, and Enforcement Page 7 16.The proposed number of square feet in paved or covered surfaces, whether covered by buildings, driveways, parking lots or any other structure covering land; and the total amount of square feet in the entire proposed development site;and 17.The proposed number of dwelling units in the development, if applicable; I.Building elevations, perspective renderings or such other graphic material or evidence to illustrate effect on the view enjoyed by and from other properties in the vicinity; J.The appropriate application fee(s). 18.10.120Additional application requirements for certain applications In addition to the application requirements above,additional information is required for certain specific applications, as follows. A.Building permits. 1.The name, address and phone number of the prime contractor; 2.Either the name, address and phone number of the office of the lender administering theinterim construction financing, if any, or the name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50percent of the total amount of the construction project; 3.Plans, specifications and reports, as required by Chapter 18.23 YMC. B.Sign permits. 1.Location of the sign structure, drawings or photographs showing the design and dimensions of the sign and details of its proposed placement. 2.Indicate primary, secondary and if available third and fourth walls and such other pertinent information as the Community Development Departmentmay require. 3.Applications for digital messaging signsshall indicate howcompliance withSection18.60.050 YMCis achieved. C.Civil plan review. 1.Plans, specifications and reports, as required by the Yelm Engineering Specifications and Standard Details. D.Wireless communications facilities(WCF). 1.The proposed color(s) of the facility includingantennas; Review, Administration, and Enforcement Page 8 2.A statement signed by the applicant and landowner indicating that: a.For freestanding WCF's, the applicant and landowner agree they will diligently negotiate in good faith to facilitate co- location of additional WCF’s, by other WCF providers, on the applicant’s structure; and b.For all WCF’s, the applicant and landowner agree to dismantle and remove the WCF and restore the site within oneyear after abandonment. 3.Documentation that the WCF will not cause substantial noise or interference with electrical, transmission or reception functions or cause similar disturbances. 4.If applicant is also the WCF provider, proof that the applicant is licensed by the FCC, or not required to be licensed. 5.If the applicant is not the WCF provider, proofof lease agreements with an FCC licensed WCF provider if such provider is required to be licensed by the FCC. 6.Except for a co-location proposal, documentation that there are no co-location possibilities as an alternative to installation of the WCF. At minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, to serve the applicant’s needs, a written request to those tower owners to co- locate on their facilities, and a good faith effort to work with those tower owners to co-locate. 7.Information identifying the radio frequencies to be received, transmitted, or relayed from the facility, and technical documentation demonstrating compliance with FCC standards for electromagnetic field strength in the form of power density expressed as micro-watts per square centimeter. 8.Documentation that the WCF antenna and support structure are safe and the surrounding areas will not be negatively affected by WCF failure, falling ice, or other debris or interference. E.Freestanding wireless communication facilities. 1.The reasonably calculated distance between the freestanding WCF and the nearest residentially zoned property and the nearest property with an existing residence. 2.A statement signed by the applicant stating the freestanding WCF will comply with all Federal Aviation Administration (FAA) regulations. 3.A statement signed by the applicant documenting that the Review, Administration, and Enforcement Page 9 freestanding WCF will accommodate the co-location of at least 2 additional antennas for future users, or an explanation of why such design is not feasible for technical or physical reasons. 4.Documentation that adequate security measures will be provided, including anti-climbing devices. 5.Aerial test photos (e.g., balloon) from all four directions off-site, from close proximity to the front and rear of any residence on adjacent properties, including across any roadway fronting the subject property, and from the boundary line of any adjacent jurisdiction within 2miles of the site. 6.Method and color of fencing and, if applicable, the method of camouflage and illumination. F.Preliminary subdivisions. 1.A mapof the proposed subdivision drawn upon oneor more sheets with a maximum size of 18inches by 24inches; these sheets shall show specifically and clearly the following features and information: a.The plat datum, north arrow, date,and scale at oneinch equals either 50,100,or 200feet. b.The boundary linesof the property to be divided and names of adjacent subdivisions, streets,and boundary lines of adjacent parcels. c.The boundaries of existing adjacent or internal lots, blocks and streets shown with dotted lines. d.The boundaries and purpose of parcels of land intended to be dedicated or temporarily reserved for public useor to be reserved for common use of property owners or residents of the subdivision, along with any conditions or limitations of such dedications or reservation clearly indicated. e.Location and type of existing and proposed street lighting. f.Location of any trees and natural features and whether they are to be preserved. g.The location and size of all existing sewers, water mains, culverts and other public or private underground installations within and adjacent to the subdivision. h.Location, widths and names of all existing and proposed streets, sidewalks, railroads, power lines, telephone lines within or adjacent to the proposed subdivision. i.The grade and curve radii of curves of existing and proposed Review, Administration, and Enforcement Page 10 streets within the plat boundary and within 300feet of the subdivision. j.The layout and dimensions of existing and proposed street and alley rights-of-way, utility and access easements and lots and blocks. k.The location ofother significant features such as Citylimits, section lines and section corners. l.Existing and proposedsurvey and elevation monuments. G.Planned residential developments. 1.Front and side elevations, and exterior architectural treatments. 2.Program for development including estimated staging or timing of development, including build-out data to be submitted to the Cityand to the applicable school district for each yearduring the construction period. 3.Proposed ownership pattern upon completion of development. 4.Basic content of restrictive covenants. 5.Provisions to assure permanence and maintenance of common open space through homeowner’sassociation formation, condominium development or other means acceptable to the City 6.Statement describing the relationship of the proposed planned residential developmentto the Yelm Comprehensive Plan. H.Conceptual master planned communities. 1.The acreage contained within the proposed master plan area, the number of dwelling units proposed, andthe number of dwelling units per acre of land proposed. 2.The total acreage of nonresidential uses proposed, by type of use. 3.Applicable school district(s), fire district(s) or departments and other special purpose districts. 4.General description of options for source(s) of water supply, method(s) of sewage disposal, methods of stormwater control and means to handle hazardous materials and hazardous waste if applicable. 5.Conceptual plan and supporting maps.Generalized proposed land uses including: a.Potential uses. b.Rangeof densities and housing types. Review, Administration, and Enforcement Page 11 c.Phasing of development. 6.Multimodal transportation plans, with proposed major routes, points of ingress and egress and the relation to existing and proposedarea transportation facilities. 7.Existing site conditions including watercourses, wetland area, floodplains, unique natural features, forest cover, steep slopes and elevation contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyondthe boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant. I.Final master planned community. 1.The acreage contained within the proposed master plan; the total number of dwelling units being proposed; and the average number of dwelling units per acre of land. 2.The number and acreage of each type of dwelling units proposed. 3.The acreage of open space (including a separate figure for active recreation space) to be contained in the master plan, andthe percentage it represents of the total area. 4.The total acreage of each type of nonresidential use, including the approximate floor area and type ofcommercial and industrial uses. 5.The source of water supply, including the specific type of facilities involved, their capacities and the estimated timing ofcompletion of these facilities. 6.The method of sewage disposal, to include the name of sewer operator, if any, including the specific type of facilities involved, their capacities and the estimated timing ofcompletion of these facilities. 7.A plan for hazardous waste control if appropriate, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities. 8.Applicable school district(s), fire district(s) or department(s) and other special purpose districts. 9.A development schedule indicating the approximate date when construction of the master plan or stages of the master plan can be expected to begin and be completed, including the approximate size in acres of each phase, and the proposed phasing of construction of public improvements and recreational and common open space areas. 10.The proposed means of financing and allocation of responsibility for providing the utilities and services required as a result of the development, including off-site facilities and improvements. These Review, Administration, and Enforcement Page 12 utilities and services shall include, but not be limited to, water, sewer, streets and highways, schools, fire protection, parks, stormwater control and disposal of wastes, including toxic wastes, if any. 11.The means of meeting any other requirements imposed as a condition of conceptual approval of the master plan. J.Mixed use development. 1.A written statement providing the following information: a.Program for development including staging or timing. b.Proposed ownership pattern upon completion of development. c.Basic content of restrictive covenants, if any. d.Provision to assure permanence and maintenance of open space through means acceptable to the City. e.Statement of tabulation of number of persons to be employed, served or housed in the proposed development. f.Statement describing the relationship of theproposed development to Yelm’s comprehensive land use plan. g.Statement indicating availability of existing or proposed sanitary sewers. h.Land use and architectural guidelines to be used by the Cityand the associated architectural review authority to apply to future buildings. K.Final subdivisions, short subdivisions, administrative subdivisions, subdivision alterations, and binding site plans. 1.Each application for afinal land division shall contain the following information. Specific items may be waived by the Community Development Departmentif deemedsuch information to be irrelevant or not applicable to a particular application. a.Names, addresses and phone numbers of the owner, applicant, engineer and/or surveyor. b.A copy of any deed restrictions to be applicable to the subdivision. c.A copy of any separate dedication documents. d.Documentation of acreage to the nearest hundredth of each lot of oneacre or more and square footage of each lot of less than one acre, and mathematical boundary closure of the subdivision, of each lot and block, of street centerlines, showing the error of closure, if any. Review, Administration, and Enforcement Page 13 e.Amapon oneor more sheets with, at minimum, the following content: i.The date, scale, north arrow and legend. ii.Controlling topography and existing features such as streams, streets and railroads. iii.Legal description of the subdivision boundaries. iv.A complete survey of the section or sections in which the subdivisionis located, or as much thereof as may be necessary to properly orient the plat within such section or sections, including reference points and lines of existing surveys identified thatrelate to the plat including: 1)All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. If a section breakdown is required to determine the boundaries of the subdivision, such section breakdown shall be shown. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title division. 2)Adjoining corners of adjoining lots, blocks, and subdivisions. 3)Section and donation land claim lines within and adjacent to the subdivision. 4)The exact location and width of streets and easements intersecting the boundary of the tract. 5)Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings or deflection angles, radii, arcs or central angles, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest 100th foot. 6)The width and location of existing easements and rights-of- way and of easements and rights-of-way being dedicated. f.Prominent lot and block numbers beginning with number “1” and numbered consecutively without omission or duplication in a given block or subdivision and so placed as not to obscure any figure. Block numbering shall be a continuation of blocks in any contiguous subdivision of the same name. Review, Administration, and Enforcement Page 14 g.Land parcels to be dedicated to any public or private purpose shall be distinguished from lots intended for general development. h.Net acreage to the nearest hundredth of lots containing oneacre or more. 2.The land division map shall include the following statements, which may be combined where appropriate: a.Approval signature blocks for the City, to include the Mayor, attested by the City Clerk, the Public Works Director and the Community Development Director, except short subdivision maps do not require Mayor signature. b.An acknowledgment before the auditor or another officer who is authorized by law to take acknowledgment of deeds by the person filing the plat or a certificate of the acknowledgment annexed to such plat and recorded therewith. c.A certificate of consent to the preparation and recording of the plat with the acknowledged signature of all parties with any record title interest in the land being subdivided. d.A certificate dedicating all parcels of land shown on the final map intended for any public use with the acknowledged signature of all owners of the subdivision. e.A certificate with the seal of and signature of the surveyor responsible for the survey and final plat. f.Certification from the county treasurer that all taxes and assessments for which the property may be liable have been duly paid, satisfied or discharged as of the date of certification. g.Certification of examination and approval by the county assessor. h.Certification of title by a title insurance company, dated not more than 30days prior to final plat application, with the names of all persons whose consent is necessary to effectively dedicate proposed streets and other easements. 3.All final subdivision maps shall be drawn in accordance with the following standards: a.The final mapshall be clearly and legibly drawn in permanent black ink. b.The scale of the mapshall be oneinch equals either 50,100,200, or400feet; the appropriate scale to be determined on the basis of the area of the subdivision. c.Lettering shall be at least 3/32of an inch high. Review, Administration, and Enforcement Page 15 d.The perimeter of the plat or subdivision being recorded shall be depicted with heavy lines wider than the remaining portion of the plat of the subdivision. e.The size of each sheet shall be 18by 24inches. f.A margin line shall be drawn completely around each sheet leaving an entirely blank margin of at least threeinches on the left side and at least one-half inch on each of the other threesides. g.If more than 2sheets are used, provide an index of the entire subdivision showing the arrangement of all sheets. Each sheet shall be numbered. h.The plat title, date, scale, quarter-quarter section and north arrow shall be shown on each appropriate sheet of the final plat. i.All signatures placed on the final plat shall be original signatures written in permanent black ink. 4.The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor of the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. 5.Permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The Public Works Directorshall determine the number and location of permanent control monuments within the plat, if any. The type of monument will conform to the standards adopted bythe City Council. L.Special use permitfor secure community transition facility 1.The applicant shall submitthe following plans and notification proceduresaspart of the application.These plans and notification procedures shall be forwarded to the Yelm Police Department for review and recommendation to the Hearing Examiner. a.The staffing and security plan for the proposed secure community transition facility. b.An escape search plan and procedures for immediate public notification of escapes. Review, Administration, and Enforcement Page 16 18.11-ERP CHAPTER NVIRONMENTALEVIEW AND ERMITTING 18.11.010Intent The intent of this chapter is to establish procedure for processing environmental review and environmental permits that apply to all lands within the Citythat may or may not be required during other integrated project review. 18.11.020Authority The Citymay withhold, condition, or deny development permits or activity approvals to ensure that the proposed action isconsistent with the provisions of Chapters18.20 and 18.21 YMC. 18.11.030Permits within a flood hazard area A.Development permit required. A development permit shall be obtained before construction or development begins within anyarea of special flood hazard established inSection18.21.090(C) YMC. The permit shall be for all structures, including manufactured homes, as definedSection 18.02.040 YMC, and for all development including fill and other activities. B.Development permitapplication. Application for a development permit shall be made on forms furnished by the planning department and may include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1.Elevation in relation to mean sea level of the lowest floor (including basement) of all structures. 2.Elevation in relation to mean sea level to which any structure has been flood proofed. 3.Certification by a registered professional engineer, surveyor, or architect that the flood proofingmethods for any nonresidential structure meet the flood proofingcriteria inSection18.21.080 YMC, and 4.Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 18.11.040Critical areas review process A.Critical areas reportrequirements. 1.Preparation by Qualified Professional. If required by the Community Development Department, the applicant shall submit a critical area report prepared by a qualified professional as defined herein. Review, Administration, and Enforcement Page 17 2.Incorporating best available science. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter. 3.Minimum report contents. At a minimum, the report shall contain the following: a.The name and contact information of the applicant, a description of the proposal, and identification of the permit requested. b.A copy of the site plan for the development proposal including: i.A map drawn to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared. ii.Adescription of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations. c.The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on thesite. d.Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area. e.A statement specifying the accuracy of the report, and all assumptions made and relied upon. f.An assessmentof the probable cumulative impacts to critical areas resulting from development of the site and the proposed development. g.An analysis of site development alternatives including a no- development alternative. h.A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas. i.Plans for adequate mitigation, as needed, to offset any impacts, in accordance with mitigation plan requirements, including, but not limited to: i.The impacts of any proposed development within or adjacent to a critical area or buffer on the critical area. ii.The impacts of any proposed alteration of a critical area or buffer on the development proposal, other properties and the environment. Review, Administration, and Enforcement Page 18 j.A discussion of the performancestandards applicable to the critical area and proposed activity. k.Financial guarantees to ensure compliance. l.Any additional information required for the critical area as specified in the corresponding chapter. m.Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the Community Development Department. B.Critical area report –additional requirements for habitat conservation areas. 1.The following areas shall be addressed in a critical area report for habitat conservation areas: a.The project areaof the proposed activity; b.All habitat conservation areas and recommended buffers within 300feet of the project area; and c.All shoreline areas, floodplains, other critical areas, and related buffers within 300feet of the project area. 2.Habitat assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical area report for a habitat conservation area shall contain an assessment of habitats including the following site-and proposal-related information at a minimum: a.Detailed description of vegetation on and adjacent to the project area and its associated buffer. b.Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species. c.A discussion of anyfederal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area. d.A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality. Review, Administration, and Enforcement Page 19 e.A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with mitigation sequencing. f.A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs. 3.Additional information may berequired. When appropriate due to the type of habitat or species present or the project area conditions, the Community Development Departmentmay also require the habitat management plan to include: a.An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; b.A request for consultation with the Washington Department of Fish and Wildlife or the local Native American Indian Tribe or other appropriate agency; and c.Detailed surface and subsurface hydrologic features both on and adjacent to the site. C.Critical areareport –modifications to requirements. 1.Limitations to study area. The Community Development Department may limit the required geographic area of the critical area report as appropriate if: a.The applicant, with assistance from the City, cannot obtain permission to access properties adjacent to the project area; or b.The proposed activity will affect only a limited part of the subject site. 2.Modifications to required contents. The applicant may consult with the Community Development Departmentpriorto or during preparation of the critical area report to obtain Cityapproval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation. 3.Additional information requirements. The Community Development Departmentmay require additional information to be included in the critical area report when determined to be necessary to the review of Review, Administration, and Enforcement Page 20 the proposed activity in accordance with this chapter. Additional information that may be required, includes, but is not limited to: a.Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site; b.Grading and drainage plans; and c.Information specific to the type, location, and nature of the critical area. D.Mitigationrequirements. 1.The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values. 2.Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area. 3.Mitigation shall not be implemented until after Cityapproval of a critical area report that includesa mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report. E.Mitigation sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: 1.Avoiding the impact altogether by not taking a certain action or parts of an action. 2.Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts. 3.Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical Review, Administration, and Enforcement Page 21 conditions or the conditions existingat the time of the initiation of the project. 4.Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods. 5.Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action. 6.Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments. 7.Monitoring the hazard or other required mitigation and taking remedial action when necessary. 8.Mitigation for individual actions may include a combination of the above measures. F.Mitigation plan requirements. When mitigation is required, theapplicant shall submit for approval by the Citya mitigation plan as part of the critical area report. The mitigation plan shall include: 1.Environmental goals and objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including: a.A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area; b.A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and c.An analysis of the likelihood of success of the compensation project; d.Performance standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met; e.Detailed construction plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, Review, Administration, and Enforcement Page 22 such as: i.The proposed construction sequence, timing, and duration; ii.Grading and excavation details; iii.Erosion and sediment control features; iv.A planting plan specifying plant species, quantities, locations, size, spacing, and density; and v.Measures to protect and maintain plants until established. vi.These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. f.Monitoring program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shalloccur in years one,three,five, and sevenafter site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than fiveyears. g.Contingency plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. h.Financial guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. 18.11.050Determination process A.Determination. The Community Development Departmentshall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this chapter. The Community Development Department's determination shall be based on the review criteria. B.Review criteria. 1.Any alteration to a critical area, unless otherwise provided for in this Review, Administration, and Enforcement Page 23 chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria: a.The proposal minimizes the impact on critical areas in accordance with mitigation sequencing; b.The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; c.The proposal is consistent with the general purposes of this chapter and the public interest; d.Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements; e.The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and f.The proposal is consistent with other applicable regulations and standards. 2.The Citymay condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this chapter. 3.Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences shall be denied. C.Completion of the criticalarea review. The City's determination regarding critical areas pursuant to this chapter shall be final concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved. D.Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the permit or approval involved. 18.11.060Additional requirements for certain exceptions A.Critical area exception. A request for an exception shall be made to the Cityand shall include a critical area report. The Community Development Departmentshall act on the exception request as part of the underlying permit approval basedon the proposal's ability to comply with public agency and utility exception review criteria. The decision on the exception may be appealed pursuant to the appeal procedures of the underlying permit or approval. 1.Exception criteria. Review, Administration, and Enforcement Page 24 a.There is no otherpractical alternative to the proposed development with less impact on the critical areas; b.The application of this chapter would unreasonably restrict the ability to provide utility services to the public; c.The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; d.The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and e.The proposal is consistent with other applicable regulations and standards. B.Exception request and review process. An application for a reasonable use exception shall be made to the Cityand shall include a critical area report. The Community Development Departmentshall prepare a recommendation to the Hearing Examinerbased on the proposal's ability to comply with reasonable use exception criteria. C.Hearing Examinerreview. The Hearing Examinershall review the application and conduct a public hearing. The Hearing Examinershall approve, approve with conditions, or deny the request based on the proposal's ability to comply with all of the reasonable use exception review criteria. D.Reasonable use review criteria. 1.The application of this chapter would deny all reasonable economic use of the property; 2.No other reasonable economic use of the property has less impact on the critical area; 3.The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; 4.The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor; 5.The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; 6.The proposal will result in no net loss of critical area functions and values consistent with the best available science; or 7.The proposal is consistent with other applicable regulations and standards. Review, Administration, and Enforcement Page 25 18.11.070Modifications and variances A.Modifications to the prescriptive standards for the protection of critical areas may be authorized by the City. The Site Plan Review Committee shall review the request and make a written finding that the request meets or fails to meet the modification criteria as part of the underlying permit approval. B.Modification criteria. A modification may be granted only if the applicant demonstrates that the requested modification includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. C.Variances from the standards of this chapter may be authorized by the City.The Hearing Examinershall process the variance as provided in Chapter 18.14YMC. D.Variance criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows: 1.Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district; 2.The special conditions and circumstances do not result from the actions of the applicant; 3.A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights; 4.Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similarcircumstances; 5.The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; 6.The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. E.Conditions may berequired. In granting any modification or variance, the Citymay prescribe such conditions and safeguards as are necessary Review, Administration, and Enforcement Page 26 to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter. F.Time limit. A modification or variance shall be valid for the time periodof the underlying permit approval. 18.11.080Variances to flood damage prevention A.Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items listed inSection18.11.070 (B) YMC have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. B.Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or the Yelm Historic Register withoutregard to the procedures set forth in this section. C.Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. D.Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E.Variances shall only be issued upon: 1.A showing of good and sufficient cause; 2.A determination that failure to grant the variance would result in exceptional hardship to the applicant; 3.A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 18.11.090(B) YMC, or conflict with existing local laws or ordinances. F.Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financialcircumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. G.Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood proofing than watertight or dry-flood proofing, where it can be determined that such action will Review, Administration, and Enforcement Page 27 have low damage potential, complies with all other variance criteria except as set out in subsection A of this section. H.Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increasedrisk resulting from the reduced lowest floor elevation. 18.11.090Flood damage prevention appeal A.Determination. The Hearing Examinershall process an appeal as provided in Chapter 18.14YMC. B.Criteria.The Hearing Examinershallconsider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: 1.The danger that materials may be swept onto other lands to the injury of others; 2.The danger to life and property due to flooding or erosion damage; 3.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4.The importance of the services provided by the proposed facility to the community; 5.The necessity to the facility of a waterfront location, where applicable; 6.The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7.The compatibility of the proposed use with existing and anticipated development; 8.The relationship of the proposed use to the Comprehensive Planand floodplain management program for that area; 9.The safety of access to the property in times of flood for ordinary and emergency vehicles; 10.The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 11.The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Review, Administration, and Enforcement Page 28 D.Upon consideration of the criteria factors of this section and the purposes of this chapter, the Hearing Examinermay attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. E.The Community Development Departmentshall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon requests. Review, Administration, and Enforcement Page 29 C18.12-MR HAPTER INISTERIALEVIEW 18.12.010Ministerial review -generally The purpose of the ministerial review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code. Ministerial permits do not require public notice or public review, and include: Construction permits (building, mechanical, and plumbing) Right-of-Way use permits Certificate of appropriateness (Changes to Yelm Historic Register) Civil plan reviews Ministerialsite plan reviews Boundary line adjustments Home occupation permits Final subdivisions,final administrative subdivisions, final subdivision alterations, and final binding site plans Final short subdivisions Sign permits Street tree permit 18.12.020Construction permits A.When required.Construction permits are required pursuant to the International Residential Code, International Building Code, International Plumbing Code, International Mechanical Code, and Washington State Energy Code, as adopted by Washington State and the Cityof Yelm. B.Decision making authority.The Building Official or his/her designee shall process construction permits as provided inChapter18.10YMC. C.Criteria for approval.Construction plans shall be approved if they complywith all applicable development, construction, and design standards of the Unified Development Code. D.Term.Construction permits are effective pursuant to the terms of the International Codes, as adopted by Washington State and the Cityof Yelm. 18.12.030Right-of-Way use permits A.When required. A right of way use permit is required prior to any construction activities in the public right of way or for the placement of any obstruction within the public right of way. Review, Administration, and Enforcement Page 30 B.Decision making authority. The Public Works Directoror his/her designee shall process right of way use permits as provided in Chapter 18.10 YMC. C.Criteria for approval. Right of way use permits shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code and the Yelm Engineering Specifications and Standard Details,and if they do not negatively impact the public use of the public right of way. D.Term. Right of way use permits are effective for sixmonths, unless otherwise specified in the approval. 18.12.040Certificate of appropriatenessYelm Historic Register A.When required. A certificate of appropriateness is required prior to the commencement of any work, excluding ordinary repair and maintenance or emergency measures, on a property that is listed on the Yelm Historic Register, or within a historic district. B.Decision making authority. The Yelm Historic Preservation Commission shall issue a certificate of appropriateness. C.Criteria for approval. The Yelm Historic Preservation Commissionshall review the proposed changes to affirm that the changes do not adversely affect the historic characteristics of the property which contribute to its designation. D.Term. The certificate of appropriateness is in effect until the property changes or is removed from the Yelm Historic Register. 18.12.050Civil plan review A.When required.When improvements are proposed that are subject to the development standards of the Unified Development Code. B.Decision making authority.The Public Works Directoror his/her designee shall process civil plans as provided in Chapter 18.10YMC. C.Criteria for approval.Civil plans shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code and all construction details adopted by the Cityof Yelm. D.Term. Approval of civil plans shall be effective for 12months from the dateof approval, unless construction has begun and all other required permits have been issued, in which case civil plans are effective until the expiration of all other permits,or upon project completion, whichever is first. 18.12.060Ministerialsite plan review A.When required. Ministerial site plan review approval is required prior to: Review, Administration, and Enforcement Page 31 1.The use of an existing building orpreviously approvedsite for a use that is not similar to the previous use considering the impacts of the two uses, the Standard Industrial Code Classification Manual divisions and major groups, and the intent of the zoning district in which the property is located. 2.The construction of any new residentialbuilding containing between 2 and ninedwelling units. 3.The addition of a tenant within a space previously permitted for a single business. 4.The expansion of a commercial, industrial, institutional, or public building thatis 25percent or less of the building footprint at the time it was originally permitted. 5.Co-location or limited modification of an existing wireless communication facility. B.Decision making authority. The Site Plan Review Committeeshall processministerialsite plan reviewapplications as provided in Chapter 18.10YMC. C.Criteria for approval. Aministerial site plan review shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code. D.Term. Approval of a ministerial site plan review shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is first. 18.12.070Boundary line adjustment A.When required.A boundary line adjustment is required to alter the boundary line between platted or unplatted lots, or both. B.Decision making authority. The Community Development Directoror his/her designee shall process boundary line adjustments as provided in Chapter 18.10YMC. C.Criteria for approval.A boundary line adjustment shall be approved if the resulting lots conform to all applicable development and design standards of the Unified Development Code and when there will be no adverse impact to access or easements. D.Term.A boundary line adjustment is effective upon recording at the Thurston County Auditor’s Office. Review, Administration, and Enforcement Page 32 18.12.080Home occupation A.When required.A home occupation approval is required whenever a residential dwelling unit is utilized for any use which requires a state or Citybusiness license. B.Decision making authority.The Community Development Directoror his/her designee shall process home occupation permits as provided in Chapter 18.10YMC. C.Criteria for approval.A home occupation shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code. D.Term.A homeoccupation approval is effective upon approval. A home occupation permit may be revoked upon determination that there has been a violation of any conditionsof approval or standards of the Unified Development Code. 18.12.090Final subdivisions, administrative subdivisions, subdivision alterations, and binding site plans A.When required. To create commercial or industrial building pads, to complete a subdivision alteration,orto create 10or more lots in Yelm. B.Decision making authority. The City Councilshall process final subdivisions, administrative subdivisions,subdivision alterations,and binding site plansas provided in Chapter 18.10YMC. C.Criteria for approval. A final subdivision, administrative subdivision, subdivision alteration, orbinding site planshall be approved if all conditions of the preliminary approval have been met and all required improvements have been constructed and approved. D.Term. A final subdivision, administrative subdivision, subdivision alteration, or binding site plan is effective upon recording with the Thurston County Auditor’s Office.A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under Section 58.17.150(1) and (3)RCWfor a period of fiveyears after final plat approval unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Approved lots in a residential subdivision shall be a valid land use notwithstanding any change in zoning for a period of fiveyears from the effective date of the final decision approving the subdivision. 18.12.100Final short subdivisions A.When required. To create up to nine lots in the CityofYelm. Review, Administration, and Enforcement Page 33 B.Decision making authority. The Community Development Directoror his/her designee shall process final short subdivisions as provided in Chapter 18.10 YMC. C.Criteria for approval. A final short subdivision shall be approved if all conditions of the preliminary approval have been met and all required improvements have been constructed and approved. D.Term. A final short subdivision is effective upon recording with the Thurston County Auditor’s Office. 18.12.110Signs A.When required. Sign permits are required for the placement of any sign or banner not exempt from permit requirements pursuant to the Unified Development Code. B.Decision making authority. The Building Official or his/her designee shall process sign permits as provided in Chapter 18.10 YMC. C.Criteria for approval. Sign permits shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code. D.Term. Sign permits are effective pursuant to the terms of the International Codes, as adopted by Washington Stateand the Cityof Yelm. 18.12.120Street treepermit A.When Required. Street tree permits are required prior to any planting, removal, topping and/or major pruning of any street tree. B.Decision making authority. The Community Development Directoror his/her designee shall process street tree permits as provided in Chapter 18.10 YMC. C.Criteria for approval. Street tree permits shall be approved if the proposal complies with the standard forththis document, and the current American Standard for Nursery Stock Guide. D.Term. Street tree permits are effective for sixmonths, unless the permit is associated with another development permit, then the restrictions and deadlines of that approval shall apply. Review, Administration, and Enforcement Page 34 C18.13–AR HAPTER DMINISTRATIVE EVIEW 18.13.010Administrative review -generally The purpose of the administrative review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code and that all impacts attributable to a development are fully mitigated to ensure the use is compatible with the surrounding neighborhood. Administrative permits are discretionary and require public notice and comment periods, but do not require a public hearing. Administrative permits include: Administrative site plan review Short subdivision Administrative subdivision Subdivision alterations and amendments Administrative variance 18.13.020Administrative site plan review A.When required. Administrative site plan review approval is required prior to: 1.The use of property for new commercial, industrial, institutional,or public purposes. 2.The construction of any new commercial, industrial, institutional, or public building. 3.The construction of any new residential building with 10or more dwelling units. 4.Manufactured housing community. 5.The expansion of a commercial, industrial, institutional, or public building which is greater than 25percent of the building footprint at the time it was originally permitted. 6.The use of property for freestanding wireless communication facilities listed as a permitted use. B.Decision making authority. The Site Plan Review Committeeshall process administrative site plan reviewpermits as provided in Chapter 18.10 YMC. C.Criteria for approval. An administrative site plan review shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code and the Site Plan Review Committeefinds that any impacts to neighboring Review, Administration, and Enforcement Page 35 properties and the transportation system are mitigated, and the proposal is consistent with the goals and policies of the Yelm Comprehensive Plan. D.Term. Approval of an administrative site plan review shall be effective for 18months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon projectcompletion, whichever is first. 18.13.030Short subdivision A.When required. A short subdivision is required for the division of land into nine or fewer parcels for the purpose of sale, lease, or transfer of ownership. B.Decision making authority. The Community Development Directoror his/her designee shall process short subdivisions as provided in Chapter 18.10YMC. C.Criteria for approval. A short subdivision shall be approved if: 1.Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks,and other features assuring safe walking conditions for students who only walk to and from school; 2.The public use and interest will be served by the platting of such subdivision and any dedication; 3.The proposed subdivision is in conformity with applicable zoning and other development regulations; 4.Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5.The project is within an approved sewer service area with capacity to serve all lots within the subdivision. D.Term. Approval of a short subdivision shall be for fiveyears from the date of approval. 18.13.040Administrative subdivision A.When required. An administrative subdivision is required for the division of land into between 10and 24lots,for the purpose of sale, lease, or transfer of ownership, unless a public hearing is requested pursuant to Section 58.17.095 (1) RCW. Review, Administration, and Enforcement Page 36 B.Decision making authority. The Site Plan Review Committeeshall process administrative subdivisions as provided in Chapter 18.10 YMC. C.Criteria for approval. An administrative subdivision shall be approved if: 1.Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school; 2.The public use and interest will be served by the platting of such subdivision and any dedication; 3.The proposed subdivision is in conformity with applicable zoning and other development regulations; 4.Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5.The project is within an approved sewer service area with capacity to serve all lots within the subdivision. D.Term. Approval of an administrative subdivision shall be for fiveyears from the date of approval. 18.13.050Subdivision alterationsandamendments A.When required. A subdivision alteration or amendment is required when any changes or alterations are requested to an approved subdivision. B.Decision making authority. The Site Plan Review Committeeshall process administrative subdivisions as provided in Chapter 18.10 YMCunless a public hearing is requested pursuant to Section 58.17.215 RCW. C.Criteria for approval. A subdivision alteration or modification shall be approved if the proposed alteration is in conformity with applicable zoning and other development regulations, and the Site Plan Review Committeefinds that any impacts to neighboring properties and the transportation system are mitigated, and the proposal is consistent with the goals and policies of the Yelm Comprehensive Plan; D.Term. Approval of an alteration or amendment shall be for fiveyears from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first. Review, Administration, and Enforcement Page 37 18.13.060Administrative variance A.When required. An administrative variance is required when the requested front, side, or rear yard setback is greater than 85percent of the required setback. B.Decision making authority. The Site Plan Review Committeeshall process all administrative variances as provided in Chapter 18.10 YMC. C.Criteria for approval. An administrative variance shall be approved if: 1.Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties in the same district; 2.A variance is necessary for the preservation and enjoyment of a property right possessed by other property in the same vicinity or district, but which is denied to the property in question because of special circumstances on that property; 3.That the hardship described under this subsection is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of this code, and not, for example, from deed restrictions or the applicant’s own actions; 4.The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and 5.The variance will not permit a use prohibited by the Unified Development Code,in the district in which the subject property is located. D.Term. Approval of an administrative variance shall be effective for 18 months from the date ofapproval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first. Review, Administration, and Enforcement Page 38 C18.14-Q-JR HAPTER UASIUDICIALEVIEW 18.14.010Quasi-judicial review -generally The purpose of the quasi-judicial review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code and that all impacts attributable to a development are fully mitigated to ensure the use is compatible with the surrounding neighborhood. Quasi-judicial permits are discretionary and require public notice, public comment periods, and public hearings. Quasi- judicial permits include: Preliminary subdivisions Special uses Binding site plans Planned residential developments Mixed use developments Variances Critical area exception 18.14.020Public hearings A.Public hearing required. A public hearing shall be held by the Hearing Examinerprior to rendering a decision or making a recommendation on quasi-judicial reviews. B.Notice of public hearing. Not less than 10days prior to the date of the public hearing, notice shall be given by: 1.First class mail to all persons entitled to receive the notice of application; 2.Publication in the official newspaper of the City; and 3.Postingnotice onthe property. 4. For an adult entertainment buffering variance, in addition to the noticing requirements above, the notice shall also be sent by first class mailing to all parties within the 660 foot buffering distance. C.Contents of hearing notice. All notices of public hearing shall include: 1.A description of the location of the proposed action including a vicinity location sketch or a written description other than a legal description. 2.The date, time, and location of the public hearing. 3.A mailing and electronic mail address for submission of written comments prior to the hearing. Review, Administration, and Enforcement Page 39 D.Special Considerations. 1.Vacations of rights-of-way. Notice of public hearing for the vacations of streets and alleys shall be given as follows: a.Upon passage of resolution by City Council, not less than 20days notice shall be posted in threeof the most public places in the City, and a like notice in a conspicuous place on the street or alley to be vacated. b.The notice shall contain a statement that a petition has been filed, and the date and location of the hearing. If the resolution was not initiated by petition of owners abutting the street, they shall be notified by mail as required by Section 35.79.020 RCW. 18.14.030Report by Community Development Department The Community Development Departmentshall coordinate and assemble the comments and recommendations of other Citydepartments, governmental agencies and other interested parties and shall prepare a report summarizing the factors involved and the department’s findings and recommendations. 18.14.040Hearing ExaminerorCity Council’s decision and recommendation –findings required A.The Hearing ExaminerorCity Councilshall render a written decision which shall include findings of fact based upon the record created at the public hearing that support conclusions of law. B.Acopy of such decision, including findings and conclusions, shall be transmitted by electronic mail or first class mail, to the applicant and other parties of record in the case who requestednotice of the decision. 18.14.050Preliminary subdivisions A.When required. A preliminary subdivision is required for the division of land into 25or more lots for the purpose of sale, lease, or transfer of ownership, OR for the division of land into 10or more lots when a public hearing on an administrative subdivision is requested pursuant to Section 58.17.095 (1) RCW. B.Decision making authority. The Hearing Examinershall process preliminary subdivisions as providedin Chapter 18.10 YMC. C.Criteria for approval. A preliminary subdivision shall be approved if: 1.Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking Review, Administration, and Enforcement Page 40 conditions for students who only walk to and from school; 2.The public use and interest will be served by the platting of such subdivision and any dedication; 3.The proposed subdivision is in conformity with applicable zoning and other development regulations; 4.Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5.The project is within an approved sewer service area with capacity to serve all lots within the subdivision. D.Term. Approval of a preliminary subdivision shall be for fiveyears from the date of approval. 18.14.060Special use A.When required. A special use permit is required for any use identified as a special use in the zoning district in which it is located. B.Decision making authority. The Hearing Examinershall process special use permits as provided in Chapter 18.10 YMC. C.Criteria for approval. A special use shall be approved if: 1.The proposed use will not be contrary to the intent or purposes and regulations of the Unified Development Code or the Yelm Comprehensive Plan; 2.The proposal is appropriate in design, character and appearance with the goals and policies of the Yelm Comprehensive Plan; 3.The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval; 4.The proposal will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities; 5.The location, size, and height of buildings, structures, walls and fences, and screening vegetation associated with the proposed use shall not unreasonably interfere with allowable development or use of neighboring properties; 6.The pedestrian and vehicular traffic associated with the specialuse will not be hazardous to existing and anticipated traffic in the neighborhood; Review, Administration, and Enforcement Page 41 D.Term. Approval of a special use permit shall be effective for 18months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is first. 18.14.070Binding site plans A.When required. A binding site plan is required for the division of land into commercial or industrial pads. B.Decision making authority. The Hearing Examinershall process binding site plans as provided in Chapter 18.10 YMC. C.Criteria for approval. A binding site plan shall be approved if: 1.Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school; 2.The public use and interest will be served by the binding site plan and any dedication; 3.The proposed binding site plan is in conformity with applicable zoning and other development regulations; 4.Public facilities impacted by the proposed binding site plan will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5.The project is within an approved sewer service area with capacity to serve all pads in the binding site plan. 6.If building pads contain property outside the exterior walls of the buildings, all standards of the Unified Development Coderelating to property lines have been met. D.Term. Approval of a binding site plan shall be for fiveyears from the date of approval. 18.14.080Planned residential development A.When required. A planned residential developmentoverlay is required to vary from the development regulations of the zoning district in which it is located. B.Decision making authority. The Hearing Examinershall process planned residential developmentsas provided in Chapter 18.10 YMC. Review, Administration, and Enforcement Page 42 C.Criteria for approval.A planned residential development shall be approved if: 1.It is consistent with the goals and policies of the Cityof Yelm Comprehensive Plan; 2.It meets minimum requirements for fire and life safety; 3.It provides adequate provisions for utilities and other public services, roads, streets and sidewalks necessary to serve the needs of the development; 4.There are no unavoidable impacts to adjoining streets and neighborhoods; 5.The development creates no greater burden on present and public utilitiesand services than would result from traditional development. 6.The development is better than that resulting from traditional development. D.Term. Approval of a planned residential development shall be for 18 months from the date of approval unless application for final or partial final has been filed. 18.14.090Mixed usedevelopment A.When required. A mixed use development overlay allowsfor a mix of residential and commercial uses indentified in the zoning district in which it is located. B.Decision making authority. The Hearing Examinershall process mixed use developments as provided in Chapter 18.10 YMC. C.Criteria for approval. A mixed use development shall be approved if: 1.It preserves or creates environmental amenities superior to those generally found in conventional development; 2.It preserves or creates usable opens space for the enjoyment of the occupants; 3.it preserves to the greatest possible extent the natural characteristics of the land, including topography natural vegetation waterways, views, etc; 4.Encourages development of a variety of housing types; 5.Provides for maximum efficiency in the layout of streets, utility networks and other public improvements; 6.The development will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities; Review, Administration, and Enforcement Page 43 7.The pedestrian and vehicular traffic associated with the development will not be hazardous to existing and anticipated traffic in the neighborhood; and 8.The proposal is consistentin design, character and appearance with the goals and policies of the Yelm Comprehensive Plan. D.Term. Approval of a mixed use development shall be for 18months from the date of approval unless application for final or partial final has been filed. 18.14.100Variances A.When required. A variance is required to waive the design standards of the Unified Development Code, except where the waiver is an administrative variance. B.Decision making authority. The Hearing Examinershall process all variances as provided in Chapter 18.10 YMC. C.Criteria for approval. A variance shall be approved if: 1.Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties inthe same district; 2.A variance is necessary for the preservation and enjoyment of a property right possessed by other propertiesin the same vicinity or district, but which is denied to the property in question because of special circumstances on that property; 3.That the hardship described under this subsection is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of this code, and not, for example, from deed restrictions or the applicant’s own actions; 4.The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and 5.The variance will not permit a use prohibited by the Unified Development Code in the district in which the subject property is located. 6.For adult entertainment businesses, a variance from buffering requirements may be granted if the following criteria are met: a.The extent to which the physical features would result in an effective separation in terms of visibility and access; b.Compatibility with adjacent and surrounding land uses; Review, Administration, and Enforcement Page 44 c.Ability to avoid the adult entertainment business by alternative vehicular and pedestrian routes. D.Term. Approval of a variance shall be effective for 18months from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first. 18.14.110Critical area exception A.When required. A critical area exception is required to waive the standards of the Critical Areas Code. B.Decision making authority. The Hearing Examiner shall process all critical area exceptions as provided in Chapter 18.10 YMC. C.Criteria for approval. An exception shall be approved if: 1.The strict application of the critical areas code would deny all reasonable economic use of the subject property; 2.The exception request meets the exception and reasonable use criteria as listed in Section 18.11.060. D.Term. Approval of a critical area exception shall be effective for the approval term of the underlying project. Review, Administration, and Enforcement Page 45 C18.15–LR HAPTER EGISLATIVE EVIEW 18.15.010Legislative review –generally The purpose of the legislative review process is to ensure that the creating of new policies or codes thathave broad public impact are made by the City Councilafter public input and a careful review process. Legislative review projects require public notice and a public hearing, and include: Amendment of Unified Development Code Conceptual master plan development Final master plan development Historic register listingor removal 18.15.020Public hearings A.Public hearing required. A public hearing shall be held by the Planning Commission,Historic Preservation Commission,orHearing Examiner prior to making a recommendation to the City Councilon Quasi-judicial reviews. B.Notice of public hearing. Not less than 10days prior to the date of the public hearing, notice shall be given by: 1.First class mail to all persons entitled to receive the notice of application. 2.Publication in the official newspaper of the City. 3.Posting the property. C.Contents of hearing notice. All notices of public hearing shall include: 1.A description of the proposed amendment. 2.The date, time, and location of the public hearing. 3.A mailing and electronic mail address for submission of written comments prior to the hearing. 18.15.030Amendment of Unified Development Code A.When required. When one or more owners of property file an application with the Cityto amend the Unified Development Code, when the City Counciladopts a motion requesting the Planning Commissionconsider an amendment to the Unified Development Code, or when the Planning CommissionorHearing Examinerrecommends the City Councilconsider an amendment to the Unified Development Code. B.Decision making authority. The City Councilacts on amending the Unified Development Codeby ordinance, after receiving a recommendation from the Planning Commissionor Hearing Examiner. Review, Administration, and Enforcement Page 46 C.Criteria for approval. Amendments to the Unified Development Code may be approved so long as the City Councilfinds that the amendment is consistent with the goals and policies of the Comprehensive Plan, furthersthe implementation of the Comprehensive Plan, and is in the public use and interest. D.Term. Amendments to the Unified Development Codetake effect five days after publication of the ordinance or a summary of the ordinance adopting the amendment. 18.15.040Conceptual master planned development A.When required. A conceptual master planned development approval is required when a property owner or applicant wishes to establish general land use policies to guide detailed planning for and development of property identified as a master planned community by the official zoning map for the Cityof Yelm. B.Decision making authority. The City Councilacts on a conceptual master planned development application, after receiving a recommendation from the Hearing Examiner. C.Criteria for approval. A conceptual master planned development may be approved so long as the City Councilfinds that the conceptual plan is consistent with the goals and polices of the Comprehensive Plan, furthers the implementation of the Comprehensive Plan, and is in the public use and interest. D.Term. A conceptual master planned development approval is effective for 10years after approval by the City Council, provided that if the approval shall be extended 10years from the date of approval of every final master planned development within the master planned development. Upon approval by the City Councilof a conceptual master planned development, the official zoning map shall be updated to include the proposed use districts, transportation routes,and case file number of the conceptual approval. 18.15.050Final master planned development A.When required. A final master planned development approval is required when a property owner or applicant wishes to establish specific development standards within all or a portion of a conceptual master planned community. B.Decision making authority. The City Councilacts on a final master planned development application, after receiving a recommendation from the Hearing Examiner. Review, Administration, and Enforcement Page 47 C.Criteria for approval. A final master planned development may be approved when the City Councilfinds that the final master planis consistent with the conceptual master planned development approval and complies with the goals and policies of the Yelm Comprehensive Plan,and the provisions of the Unified Development Code. D.Term. A final master planned development approval is effective forfive years after approval by the City Council, provided that if the approval shall be extended threeyears from the date of approval of every project approval within the final master planned development. 18.15.060Yelm Historic Registerlisting A.When required. Approval for inclusion to the Yelm Historic Register is required when there is a nomination from the Historic Preservation Commissionto place a property, building, or site on the Yelm Register of Historic Places. B.Decision making authority. The City Councilacts on a Yelm Historic Register nomination after receiving a recommendation from the Historic Preservation Commission. C.Criteria for approval. Any building, structure, site, object or district may be designated for inclusion in theYelm Historic Registerif it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories 1.Is associated with events that have made a significant contribution to the broad patterns of national, state or local history; 2.Helps in the understanding of the history of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential; 3.Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction; 4.Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art; 5.Exemplifies or reflects special elements of the City’s cultural, special, economic, political, aesthetic, engineering or architectural history; 6.Is associated with the lives of persons significant in national, state or local history; Review, Administration, and Enforcement Page 48 7.Has yielded or may be likely to yield important archaeological information related to history or prehistory; 8.Is a building or structure removed from its original location but which is significant primarily for architecturalvalue, or which is the structure significantly associated with an historic person or event; 9.Is a birthplace or grave of an historical figure of outstanding importance; 10.Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns; 11.Is a reconstructed building that has been executed in an historically accurate manner on the original site;and 12.Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories. D.Term. The listing on the Yelm Historical Register remains indefinitely unless the property is no longer deemed appropriate for designation to the register, or when a Waiver of Certificate of Appropriateness is issued for the demolition of property on the register. 18.15.070Removal from Yelm Historic Register A.When required. Approval is required to remove a property from the Yelm Historic Register. B.Decision making authority. The City Councilacts on the removal of a property from the Yelm Historic Register after receiving a recommendation from the Historic Preservation Commission. C.Criteria for approval. The Historic Preservation Commissionmust determinethat the property is no longer appropriate for designation to the registerbased on the following criteria. 1. When there is no alternative to demolition of property; 2.When the property becomes a hazard to public safety; or 3.When the listing of the property becomes a financial burden to the property owner. D.Term. The removal of designationfrom the register is permanent, unless other historic relevance of the site is found, and requested to be listed again. Review, Administration, and Enforcement Page 49 C18.16–CM HAPTER ONCURRENCY ANAGEMENT 18.16.010Intent of concurrency management The intent of concurrency management is to implement the concurrency provisions of the Comprehensive Planand to implement the provisions for determining adequate facilities found in the Growth Management Act, Section 36.70A.070 RCW and Sections 365-195-510 and 365-195-835 WAC, the State Subdivision Act, Chapter 58.17 RCW, and the State Building Code, Chapter19.27 RCW. The concept of concurrency is based on the maintenance of specified levels of service through capacity monitoring, allocation and reservation procedures. Concurrency describes the situation in which water, sewer and/or transportation facilitiesare available when the impacts of development occur. For transportation facilities, this time period is established by statue as within sixyears from the time of development. No approval shall be issued except in accordance with this chapter.If a project requires more than one approval or permit, a separate concurrency determination will be made for every approval or permit, as required by this chapter. 18.16.020Exemptions No development activity shall be exempt from the requirements of this chapter unless specifically listed below. The following types of approvals and permits are exempt provided they do not create additional long-term impacts on transportation facilities or sewer capacity in the City’s wastewater treatment plant, or water capacity in the City’s water system: Administrative interpretations; Sign permits; Street vacations; Demolition permits; Right-of-way use permits; Interior alterations with no change of use; Clearing and grading permits; Plumbing permits; Electrical permits; Mechanical permits; Driveway or street access permit; Tenant improvement permits in previously occupied spaces; Review, Administration, and Enforcement Page 50 Fire sprinkler permits; Temporary use permits; Special event permits; Home occupations; Boundary line adjustments; Critical areas permits; Variances. Notwithstanding the above, if any of the above approvals or permits will generate any new peak P.M. trips, require additional sewer capacity, or increase water consumption, such approval or permit shall not be exempt from the requirements of this chapter. 18.16.030Level of service standards Level of service (LOS) is the established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need, as mandated by Chapter 36.70A RCW. LOS standardsshall be used to determine if public facilities or services are adequate to support a development’s impact at the time the impact occurs. A.Transportation. The Cityhas designated levels of service for road facilities in the Comprehensive Plan, as follows: 1.In all residential zones, LOS C. 2.In all commercial and light industrial zones, LOS D. 3.In the urban core between 4th Street and Solberg Street,LOS F is recognized as a level of service where mitigation to create traffic diversions, bypasses, and alternate routes and modes of transportation are authorized and being planned, funded, and implemented, and can result in improved LOS. Level of service is calculated using the methodology found in the Highway Capacity Manual for signalized and unsignalized intersections using the average delay of all legs. The Site Plan Review Committeeshall identify concurrency intersections annually. B.Water. The ability to provide potable water to the consumer for use and fire protectionin accordance with adopted health and environmental regulations. C.Sewer. The ability to treat and discharge wastewater in accordance with adopted health and environmental regulations. Review, Administration, and Enforcement Page 51 The Community Development Departmentshall use the adopted LOS standards to make concurrency evaluations as part of the review of any development. 18.16.040Procedures for concurrency evaluations A.Ministerial, Administrative, and Quasi-judicialreview projects. 1.Prior to issuance of any ministerial, administrative, or quasi-judicial approval, the decision maker shall conduct a concurrency evaluation. 2.If the decision maker findsconcurrency based on the concurrency evaluation, the issuance of the underlying permit or approval constitutes the finding. 3.If the decision maker finds that the proposal will have an impact on a public facility thatcauses a level of service failure thatcannot be mitigated, or that potable water is not available pursuant to Section 19.27.097RCW, the permit or approval will be denied. 4.A finding of concurrency for a ministerial, administrative, or quasi- judicial permit or approval may be appealed only as part of an appeal of the underlying permit or approval. B.Legislativereviewprojects. 1.Prior to approval of any legislative review project, the decision maker shall conduct a concurrency evaluation. 2.If the decision maker finds concurrency based on the concurrency evaluation,that finding shall be documented in the written decision. 3.If the decision maker finds that the proposal will have an impact on a public facility thatcauses a level of service failure thatcannot be mitigated, the legislative review project will be denied. 4.There is no Cityappeal of a concurrency determination for legislative review projects. 18.16.050Criteria forissuing a finding of concurrency A.Ministerialreviews. 1.ConstructionPermits. a.Transportation. Frontage improvements have been or will be constructed prior to building occupancy and all improvements identified as necessary to issue a finding of concurrency on the underlying development approval have been made or are fully funded sixyears from the date of the approval of the underlying development approval. b.Water. The status of the City’s water system annual operating Review, Administration, and Enforcement Page 52 permit with the Washington Department of Health allows new water system connections. c.Sewer. The City’s sewer system is operating within the conditions and parameters of the City’s National Pollution Discharge Elimination Permitand has capacity to serve the proposal. 2.Allother ministerial reviews. a.Transportation. Frontage improvements have been or will be constructed prior to building occupancy and all improvements identified as necessary to issue a finding of concurrency on the underlying development approval have been made or are fully funded sixyears from the date of the approval of the underlying development approval. b.Water. The status of the City’s water system annual operating permit with the Washington Department of Health allows new water system connectionsor is anticipated to allow new connections at the time a construction permit will be issued. c.Sewer. The City’s sewer system is operating within the conditions and parameters of the City’s National Pollution Discharge Elimination Permit and has capacity to serve the proposal or is anticipated to be available to serve at the time aconstruction permit will be issued. B.Administrativereviews. 1.Administrative site plan review. a.Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in the six year transportation improvement program would maintain levels of service. b.Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient water rights to serve the proposed use will be in place at the time of impact to the system (construction permit issuance). c.Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient treatment plant capacity to serve the proposed use will be in place at the time of impact to the system (constructionpermit issuance). 2.Preliminary short subdivisionsand administrative subdivisions. Review, Administration, and Enforcement Page 53 a.Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in the six year transportation improvement program would maintain levels of service. b.Water. At the time of preliminary approval, the planned infrastructure identified in the six year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division. c.Sewer. At the time of preliminary approval, the planned infrastructure identified in the six year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonably anticipated that the treatment plant has sufficient capacity to provide for theproposed land division. 3.All other administrative reviews. a.Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six year transportation improvement program would maintain levels of service. b.Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient water rights to serve the proposed use will be in place at the time of impact to the system (construction permit issuance). c.Sewer. The infrastructure required to serve the proposed use is in place orwill be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient treatment plant capacity to serve the proposed use will be in place at the time of impact to the system (construction permit issuance). C.Quasi-judicialreviews. 1.Preliminary subdivisions, binding site plans, mixed use developments, and planned residential developments. a.Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land divisionunless the planned improvements identified in six year transportation improvement program would maintain levels of service. b.Water. At the time of preliminary approval, the planned Review, Administration, and Enforcement Page 54 infrastructure identified in the six year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division. c.Sewer. At the time of preliminary approval, the planned infrastructure identified in thesix year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonably anticipated that the treatment plant has sufficient capacity to provide for the proposed land division. 2.Special uses. a.Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six year transportation improvement program would maintain levels of service. b.Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is reasonably anticipated that sufficient water rights to the proposed use will be in place at the time of impact to the system (constructionpermit issuance). c.Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is anticipatedthat the treatment planthas sufficient capacity to serve the proposed use at the time of impact to the system (construction permit issuance). 3.All other quasi-judicial reviews. a.Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six year transportation improvement program would maintain levels of service. b.Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is reasonably anticipated that sufficient water rights to the proposed use will be in place at the time of impact to the system (construction permit issuance). c.Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is anticipated that the treatment plant has sufficient capacity to serve the proposed use at the time of impact Review, Administration, and Enforcement Page 55 to the system (construction permit issuance). D.Legislativereviews. 1.Conceptual and final master planned developments. a.Transportation. The environmental documents and conceptual master site plan identify how transportation levels of service within the Citywill be maintained if the Master Planned Development is approved. Development within the Master Planned Development will be subject to a finding of concurrency appropriate to the development approval being issued. b.Water. The environmental documents and conceptual master site plan identify how water system levels of service within the Citywill be maintained if the Master Planned Development is approved. Development within the Master Planned Development will be subject to a finding of concurrency appropriate to the development approval being issued. c.Sewer. The environmental documents and conceptual master site plan identify how sewer system levels of service within the Citywill be maintained if the Master Planned Development is approved. Development within the Master Planned Development will be subject to a finding of concurrency appropriate to the development approval being issued. 2.Annexations. a.Transportation. The transportation plan includes the infrastructure to serve the proposed annexation area. b.Water. The annexation area is within Yelm’s retail water service area and the water system plan includes the infrastructure and water rights to serve the proposed annexation area. c.Sewer. The annexation area is within Yelm’s sewer service area and the sewer system plan includes the infrastructure and treatment plant capacity to serve the proposed annexation area. 18.16.060Effect of a finding of concurrency. The factors affecting available capacity, in some instances, lie outside of the City’s control. The City’s adoption of this chapter relating to the manner in which the Citywill make its best attempt to determine infrastructure capacity does not create a duty in the Cityto provide water or sewer service to the public or any individual, regardless of whether a finding of concurrency has been made. Review, Administration, and Enforcement Page 56 A finding of concurrency is not a guarantee that water and/or sewer will be available to serve the proposed project at the time a building permit application is made. 18.16.070Reservation of water or sewer connections The City may reserve water and sewer capacity by resolution of the City Council for essentialpublic facilities, improvements indentified in an adopted capital facilities plan and listed in the six year improvement program. 18.16.080Improvement deferrals. In certain circumstances it may not be appropriate to require installation of improvements required for a finding of concurrency at the time a development occurs. In such situations, the Site Plan Review Committee may permit deferral of installation of such improvements to a later date under the provisions of this section. The Citymay authorize adeferral of any or all required improvements, provided one or more of the following criteria are met: A.The installation of required improvements would be inconsistent with the City’s long-range street orutility system Comprehensive Plans. B.The installation of improvements could be more safely, efficiently and effectively implemented if done concurrently with the installation of improvements required for other properties along the same street frontage. C.The scope of the improvement being authorized does not constitute a significant change in the existing demands of the use of property upon the City’s transportation and utility transmission systems. D.The developer and property owner enter into a mitigation agreement with the Citythat ensures the proposal pays its pro-rata cost of the improvement. E.The developer and property owner enter into an agreement to participate in a local improvement district formed for the construction of the improvement. 18.16.090Impact fees A.Transportation. The project makes a contribution to the facilities relating to capacity improvements identified in the adopted sixyear traffic improvement program, in the form of a transportation facility charge calculated as follows: The City Councilshall establish the transportation facility charge (TFC) annually as part of the adoption of the most current sixyear transportation improvement program (STIP). The TFC shall be based on Review, Administration, and Enforcement Page 57 the development's contribution to the increase in local traffic and the capacity-related improvements identified in the STIP. STIP = The total cost of all capacity-related improvements on the sixyear transportation improvement program. LP = The percentage local traffic (generated within the Cityof Yelm) represents the total traffic at the intersection of 1st Street and Yelm Avenue. TG = Total traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the sixyear period covered by the latest STIP. BG = Background traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the sixyear period covered by the latest STIP, excluding any new development. BT = Baseline traffic (peak p.m.) in the first year of the latest STIP. 1.Credits shall be given to reflect the projected impact on the community system, such as traffic decreases where an existing facility on-site is removed or replaced, and traffic reduction systems which are binding and likely to remaineffective for the life of the project. 2.Credits may also be given for projects which create a significant economic benefit to the community, including industrial or manufacturing uses with an excess of 500trips per day. The size of the credit shall be measured at an appropriate percentage of the anticipated annual tax revenue increase to the community and available for capital contribution to transportation facilities on the approved plan as a result of the project. The said credit shall be calculated as follows: a.Estimated gross revenue for sixyears. b.Multiply gross revenue by 0.2 percent (B&O tax). c.Multiply gross revenue subject to sales tax by 1.5 percent (City share of state sales tax). e.Add products of band cabove. f.Multiply total fromline eby nine percent (percentage of tax revenue budgeted to Cityroad fund). g.Multiply product from line fby 28 percent (percentage of money in Review, Administration, and Enforcement Page 58 the road fund that is designated as private share for projects on the TFC). B.Schools. The project makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by Yelm Community Schools and endorsed by resolution of the Yelm City Council. C.Fire Protection Facilities. The project makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by the S.E. Thurston Fire Authorityand endorsed by resolution of the Yelm City Council. D.Payment of impact fees shall be as follows: 1.For projects involving the division of land for sale or lease, upon the issuance of a building permit for construction of each lot of record, for the traffic attributable to that lot; 2.For projects approved through site plan review, upon the issuance of the building permit authorizing the construction of any phase, for the traffic associated with that phase; 3.For projects approved through site plan review which do not include a list of tenants at the time of approval, upon the issuance ofthe building permit for the tenant improvements, if required, or otherwise upon the issuance of the business license, for the traffic associated with that tenant. Review, Administration, and Enforcement Page 59 C18.17-IAF HAPTER MPROVEMENT GREEMENTS AND INANCIAL G UARANTEES 18.17.010Agreement in lieu of completion of improvements. Before any subdivision is finally approved the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of installation of all required improvements, the subdivider may execute and file with the city an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: A.Specify the period of time within which all work required shall be completed. Such schedule may provide for construction of improvements in units or phases. In no case shall the time for completion exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the City Council and properly secured as provided herein in advance of the required initial completion date; B.Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements; C.Provide for notice of approval or disapproval by the director of the improvement within a reasonable time after receiving notice of completion; D.Designate the form and require financial security to be provided by the subdivider in a form permitted by this chapter; E.Provide that if the subdivider fails to complete all required work within the period specified, including any approved extensions of time, the City may take steps to demand performance of the developer’s obligation within a reasonable time not to exceed 90 days from the date of demand; F.Provide that if the required improvements are not completed within that time, the City may take action to forfeit the financial security; G.Provide that the city shall be entitled to recover all costs of such action including reasonable attorney’s fees; H.Provide that following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred; I.Provide that should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider. Review, Administration, and Enforcement Page 60 18.17.020Agreement to assure successful operation of improvements Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. The agreement shall: A.Require the subdivider to post a bond or other financial security permitted by this chapter to secure successful operation of all required improvements and full performance of the developer’s maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements; B.Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final subdivisionapproval, whichever is later. Such maintenance functions shall be specifiedby thePublic Works Director and shall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform maintenance of the improvements,in which case the subdivider’s obligation to perform maintenance functions shall terminate; C.Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given; D.A waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets and other improvements. 18.17.030Form of financial security To assure full performance of the agreements required by this chapter, the subdivider shall provide one or more of the following: A.A surety bond executed by a surety company authorized to transact business in the State of Washington in a form approved by the city attorney; B.A letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project in a form approved by the city attorney. 18.17.040Amount of financial security The financial security required by this chapter shall be for one and one-half percent of the sum estimated by the public works director to be the City’s Review, Administration, and Enforcement Page 61 cost upon the developer’s failure to comply with the above agreements and all related engineering and incidental expenses,final survey monumentation and preparation of reproducible City approveddrawings of as-built improvements. 18.17.050Defective work The acceptance of improvements by the City shall not prevent the City from making a claim against the developer for any defective work if such is discovered within two years (or less if provided by state law) after the date of completion of the work. Review, Administration, and Enforcement Page 62 C18.18-E HAPTER NFORCEMENT 18.18.010Purpose and intent A.The purpose of this chapter is to provide a standard enforcement process for the Design Guidelines, Yelm Engineering Specifications and Standard Details,procedures, and permit requirements of the Unified Development Code, provided that the enforcement of construction permits subject to the State Building Code Act, Chapter19.27 RCW, shall be subject to the enforcement procedures, penalties, and notice requirements of that act. B.The primary intent of all enforcement actions described in this chapter is to educate the public and to encourage the voluntary correction of violations. Civil and criminal penalties will be used only when necessary to ensure compliance with the provisions of the codes to which this chapter applies. Criminal charges will be brought only when civil remedies have failed to ensure compliance. 18.18.020Violations. A.It is a violation of this chapter to remove or deface any sign, notice, complaint, or order required by or posted in accordance with this code. B.It is a violation of this chapter to fail to comply with notices or orders issued pursuant to this chapter. 18.18.030Enforcement and duty to enforce A.Provisions of the regulations to which the enforcement provisions of this chapter apply will be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. B.The Community Development Departmentis authorized to enforce the regulations to which the enforcement provisions of this code apply. The Community Development Departmentmay call upon law enforcement, public works, or other appropriate Citydepartments to assist in enforcement. C.The police and all officers and officials charged with enforcement of the law are authorized to enforce provisions of this code. D.The owner of any real or personal property subject to enforcement action and any person responsible for a violation are liable for failure to comply with the regulations to which the enforcement provisions of this chapter apply or to comply with notices or orders issued pursuant to this chapter. E.No provision or term used in this code is intended to impose any duty upon the Cityor any of its officers or employees which would subject them or the Cityto damages in a civil action. Review, Administration, and Enforcement Page 63 F.No approval shall be granted for a land use permit, land division, building permit or connection to Cityservices for any lot, tract, or parcel of land on which there is a final determination of a violation of any state law or Citycode to which the enforcement provisions of this chapter apply, pertinent to use or development of the property, unless such violations are either corrected prior to application or are required to be corrected as a condition of approval. Cityapproval granted on that basis may be revoked at any time if there is a failure to comply with conditions of approval or violation of any state law or Cityregulation pertinent to use or development of the property. G.Violator's Liability for Damages. Any person who violates any provisions or any permit issued under the codes to which the enforcement provisions of this chapter apply shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The City attorney may bring suit for damages under this section on behalf of the City. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. 18.18.040Investigationand service of notice of violation A.The Community Development Departmentshall investigate any facts which lead the Community Development Departmentto reasonably believe that a person, use, or condition is in violation of the codes to which the enforcement provisions of this chapter apply. B.Should the administrator be denied access to such property to carry out the purpose and provision of this section, the administrator may apply to any court of competent jurisdiction for a search warrant authorizing access. 1.The administrator or his/her designee may request the consent to enter property for the purpose of examining property, buildings, premises, records, or other physical evidence, or for conducting tests or taking samples. 2.The administrator or designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. An administrative search warrant may be issued for the purposes described in subsection (B)(1) of this section. The warrant shall be issued upon probable cause. It is sufficient probable cause to show either of the following: Review, Administration, and Enforcement Page 64 a.The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with this code; or b.The administrator has reason to believe that a violation of this code or permit issued pursuant to this code has occurred or is occurring. C.If after investigation, the administrator determines that any provision of this code has been violated, a notice of correction letter shall be the first attempt at obtaining compliance. If voluntary compliance is not obtained, the administrator shall serve a notice of violation upon the owner and person(s) responsible for the violation. The notice of violation shall state the following: 1.Description of the activity that is causing a violation; 2.Each provision violated; 3.Any civil penalty imposed; 4.The corrective action, if any, necessary to comply with said provisions; 5.A reasonable time for compliance according to provisions of this section; and 6.That continued or subsequent violation may result in enforcement action through a court of competent jurisdiction. D.Following a notice of violation, the administrator and person in violation may develop a mutually agreeable compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance. No further action will be taken if the terms of the compliance plan are met. If no compliance plan is established, enforcement of the violation will proceed. E.When calculating a reasonable time for compliance, the administrator shall consider the following criteria: 1.The type and degree of violations cited in the notice; 2.The stated intent, if any, of a personresponsible to take steps to comply; 3.Procedural requirements for obtaining a permit to carry out corrective action; 4.the complexity of corrective action, including seasonal considerations, construction requirements, and the legal rights and responsibilities of landlords and tenants; or 5.Any other circumstances beyond the control of the party responsible. Review, Administration, and Enforcement Page 65 F.If the administrator believes that the requirements of this section are not being met, the administrator shall, in addition to the notice of violation, issue applicable stop work or emergency orders. G.The notice of violation, stop work order, or emergency order shall be served upon the owner and person(s) responsible for the violation by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of each such person. If after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is still unknown, or service cannot be accomplished and the administrator makes an affidavit to that effect, then service of the notice of violation may be made by: 1.Publication of the notice once each week for 2consecutive weeks in the official newspaper of the City; 2.Mailing a copy of the notice or order to each person named on the notice or order by first class mail to the last known address if any, if known, or, if unknown, to the address of the property involved in the proceeding; and 3.Mailing a copy to the taxpayer of record. H.A copy of the notice or order shall be posted at a conspicuous place on the premises, unless posting the notice or order is not physically possible. I.The administrator may mail or cause to be delivered to all residential and nonresidential units on the premises, or to be posted at a conspicuous place on the premises, a notice which informs each recipient or resident about any notice of violation, stop work order, or emergency order and the applicable requirements and procedures. Notices issued in this manner are sufficient for purposes of due process. J.A notice of violation, a stop work order, or an emergency order may be amended at any time in order to: 1.Correct clerical errors; or 2.Cite additional authority for a statedviolation. K.If the scope of the notice is to be expanded or decreased, then a new notice of violation, a stop work order, or an emergency order shall be issued in order to expand or decrease the scope of the notice or order as consistent with the intent of this section and new timelines may be established pursuant to subsection (D) of this section. L.Nothing in this chapter shall be deemed to limit or preclude any civil or criminal action or proceeding available otherwise. Review, Administration, and Enforcement Page 66 M.Nothing in this chapter shall be deemed to limit or preclude the administrator from seeking the most appropriate course of action deemed necessary in relationship to the severity of the violation. 18.18.050Stop work order, emergency, and abatement orders A.Stop Work Order. Whenever a continuing violation of this code will materially impair the administrator's ability to secure compliance with this code, or when any person is proceeding in defiance of permit requirements, the administrator may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. The stop work order shall be served on the person(s) responsible pursuant to Section 18.18.040 YMCand shall be posted in a conspicuous place on the premises, if posting is reasonableand practical. Failure to comply with a stop work order shall constitute a violation of this chapter. B.Emergency Order. 1.Whenever any use or activity in violation of the codes to which the enforcement provisions of this chapter apply threatens thehealth or safety of occupants of the premises or any member of the public, the administrator may issue an emergency order directing that the use or activity be discontinued and the condition causing threat to health and safety be corrected. The emergency order shall be served on the person(s) responsible pursuant to 18.18.04 YMC, shall specify the time for compliance, and shall be posted in a conspicuous place on the premises, if posting is physically possible. Failure to comply with an emergency order shall constitute a violation of this chapter. 2.Any condition described in an emergency order which is not corrected within the time specified in the order is a public nuisance. The administrator is authorized to abate said nuisance summarily by such meansas the administrator finds reasonable. The cost of such abatement shall be recovered from the owner or the person responsible or both in any manner provided by law. 18.18.060Penalties A.Civil Penalties. Any person violating or failing to comply with anyof the provisions of the codes to which the enforcement provisions of this chapter apply may be subject to a cumulative civil penalty of up to $250.00 per day for each active occurrence of violation. B.Additional Penalties. 1.In addition to civil and criminal penalties, the administrator may seek injunctive relief to enjoin any acts or practices and abate any nuisance or other condition which constitutes or will constitute a violation of the codes to which the enforcement provisions of this Review, Administration, and Enforcement Page 67 chapter apply when civil penalties are inadequate to affect compliance, or when otherwise appropriate. Owners of real or personal property adversely affected by a violation of the codes to which the enforcement provisions of this chapter apply may also seek injunctive relief. 2.The administrator may issue a stop work order pursuant to 18.18.050 YMCat any time during these proceedings. 3.The administrator may issue an emergency order pursuant to 18.18.050 YMCat any time during these proceedings. C.Appeal of the Issuance of Penalties. Within 30days after the notice is received, the person incurring a penalty under this section may appeal the determination that a violation occurred or may request remission or mitigation of the penalty. Upon receipt of the application, the Hearing Examinershall hold a closed record hearing pursuant to Chapter 18.10 YMC. If the examiner determines that a violation occurred, the penalty may be remitted or mitigated for good cause, upon whatever terms the examiner finds acceptable. D.Innocent Purchaser. No application for a building permit or other development permit for any lot, tract, or parcel of land divided in violation of Chapter 58.17RCW or Title 18YMCwill be granted without prior approval of the administrator. Approval will only be given if the applicant demonstrates the following: 1.The property will be connected to the Citysanitary sewer system and potable water system; 2.The Community Development Departmenthas certified that the proposed lot, tract, or parcel of land is served with an adequately designed means of access, and with adequate drainage facilities, none of which interferes with existing or planned public or private road and drainage facilities in the vicinity; 3.The proposed development will not adversely affect the safety or health of adjacent property owners; 4.The Community Development Directorhas certified that the proposed land division and development conform to the policies and directives of the Comprehensive Plan; and 5.The applicant did not know, and could not have known by exercising reasonable care in purchasing the land, that the lot, tract, or parcel had been part of a larger lot, tract, or parcel divided in violation of state law or this code. Review, Administration, and Enforcement Page 68 18.18.070Unauthorized critical area alterations and enforcement A.When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The Cityshall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this chapter. B.Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by City. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum performance standards. The administrator shall, at the violator's expense, seek expert advice in determining theadequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. C.Minimum Performance Standards for Restoration. 1.For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: a.The historic structural and functional values shall be restored, including water quality and habitat functions; b.The historic soil types and configuration shall be replicated; c.The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and d.Information demonstrating compliance with the requirements for mitigation plans shall be submitted to the administrator. 2.For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that, if the violator can demonstrate that greater safety can be obtained, these standards may be modified: a.The hazard shall be reduced to a level equal to, or less than, the pre-development hazard; Review, Administration, and Enforcement Page 69 b.Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and c.The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. D.Site Inspections. The administrator is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. E.Penalties. Penalties and enforcement shall be as provided in Section 18.18.060 YMC. Review, Administration, and Enforcement Page 70