HomeMy WebLinkAboutO-2784 - Relating to Extensions of Development ApprovalCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.;;..7'6c..f
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO EXTENSIONS OF DEVELOPMENT APPROVAL
EXPIRATION PERIODS, RELATING TO SUBSTANTIAL REVISIONS
OF COUNTY APPROVED PLATS, AND AMENDING SECTIONS
15.09.080, 16.04.010, 19.52.090, 20.12.120, 20.20.080, AND 20.48.050, and
ADOPTING SECTION 20.12.130, OF THE MARYSVILLE MUNICIPAL
CODE.
WHEREAS, in order to prevent the expiration of preliminary subdivisions, short
subdivisions, conditional use permit, binding site plan, construction plan and building permit
approvals during the national economic crisis, extensions of expiration periods for
preliminary subdivision, short subdivision, conditional use permit, binding site plan,
construction plan and building permit approvals are needed; and
WHEREAS, the expiration of preliminary subdivision, short subdivision, conditional
use permit, binding site plan, construction plan and building permit approvals adversely
affects financial institutions and other investors that have provided financing in support of
development proposals; and
WHEREAS, providing a longer extension of preliminary subdivision, short
subdivision, conditional use permit, binding site plan, construction plan and building permit
approvals to allow applicants to file for and complete final approval may help stave off
business closures and further job losses; and
WHEREAS, allowing applicants to request up to a 36-month extension of
preliminary subdivision, short subdivision, conditional use permit and binding site plan
approval would allow for better debt recovery and provide property owners the time needed
for financing and construction; and
WHEREAS, allowing applicants to request up to three, one-year extensions of
building permits would allow for better debt recovery and provide property owners the time
needed for financing and construction; and
WHEREAS, allowing substantial revisions of County approved preliminary plats that
are no longer developable due to adverse market conditions would allow property
owners/developers to retain vested rights for specified, limited County land use regulations
and would allow the City to obtain infrastructure benefits and compliance with all other
current City land use regulations; and
WHEREAS, the Revised Code of Washington (RCW) 58.17.140 allows cities, towns,
or counties to adopt by ordinance procedures which would allow extensions of time to
obtain final plat approval; and
WHEREAS, the City Council finds that it is in the best interest of citizens of the
City of Marysville and the local economy to make available a longer extension of preliminary
subdivision, short subdivision, conditional use permit, binding site plan, construction plan
and building permit approvals to allow applicants sufficient time to complete construction;
WHEREAS, the City Council was briefed by City staff on , 2009
and held a public hearing on , 2009, to consider the entire record on the
proposed amendments and to hear public testimony on this ordinance.
NOW, THEREFORE, BE IT ORDAINED:
Section 1. Marysville Municipal Code Section 15.09.080 is amended to read as follows:
15.09.080 Construction plan approval.
(1) Construction plans for projects reviewed under the development code shall be
approved for a period of 60 months from the date the city signs the "City of Marysville
Construction Drawing Review Acknowledgement" block included on the civil construction
plans or until expiration of the preliminary plat, preliminary short plat, binding site plan,
conditional use permit or site plan approval.
(2) The city may grant an extension of up to 12 months, if substantial progress has
been made by the applicant to complete construction of the approved project. Extensions
shall be considered on a case by case basis by the public works director or designee and will
require a letter to be submitted to the city requesting the extension. Said letter shall
demonstrate that the project has made substantial construction progress, the reason for the
extension request, and an estimated timeline for completion of construction.
(3) When the approval period (or any extension thereof) expires, the city's approval
of the construction plans shall be deemed automatically withdrawn. In order to receive
further consideration by the city after such expiration and automatic withdrawal,
construction plans must be re-submitted and must comply with then current code
requirements.
Section 2. Marysville Municipal Code Section 16.04.010 is amended to read as follows:
16.04.010 Adoption by reference, exclusions and exemptions.
(1) Certain documents, copies of which are on file in the office of the building
official of the city of Marysville, being marked and designated as the "International Building
Code and the International Residential Code, and the International Building Code Standards,
2006 Edition," published by the International Code Council, except for the provisions in
subsections (3), (4) and (5) of this section, are adopted as the building code of the city of
Marysville for regulating the erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance
of buildings or structures in the city of Marysville, providing for the issuance of permits and
the collection of fees therefor, and providing for penalties for the violation thereof. Each
and all of the regulations, provisions, penalties, conditions and terms of said code are
incorporated and made a part of this chapter as if fully set forth in this chapter.
(2) IBC and IRC Sections 101.1 Title. These regulations shall be known as the
building code of the city of Marysville, Washington, hereinafter referred to as "this code."
(3) Exclusions from Adoption by Reference. The following mc Section 101.4
referenced codes are excluded and not adopted by reference as the building code for the city
of Marysville:
101.4.1 Electrical
101.4.4 Plumbing
101.4.5 Property Maintenance
101.4.7 Energy
Chapter 34 Existing Buildings
(4) Section 105.5 of the International Building Code is not adopted and the following
is substituted:
Expiration (IBC 105.5). Every permit issued by the building official
under the provisions of the code shall expire by limitation and become null
and void two (2) year(s) from the date of issue. Issued permits may be
extended for one year periods subject to the following conditions:
1. An application for permit extension together with the applicable
fee is submitted to the community development department at
least seven (7), but no more than sixty (60), calendar days prior to
the date the original permit becomes null and void. Once the
permit extension application is submitted, work may continue
past the expiration date of the original permit, provided that the
extension application is not denied. If the extension application
is denied, all work must stop until a valid permit is obtained.
2. If construction of a building or structure has not substantially
commenced, as determined by the building official, within two
years from the date of the first issued permit and the building and
the structure is no longer authorized by the zoning code or other
applicable law, then the permit shall not be extended.
3. An applicant may request a total of two permit extensions,
provided there are no substantial changes in the approved plans
and specifications.
4. The building official may extend a building permit beyond the
second extension only to allow completion of a building,
structure or mechanical system, which is authorized by the
original permit and is substantially constructed. If substantial
work, as determined by the building official, has not commenced
on a building and/or structure authorized in the original permit,
then a new permit will be required for construction to proceed.
5. The building official may revise a permit at the permittee's
request, but such a revision does not constitute a renewal or
otherwise extend the life of the permit.
EXCEPTION: Until December 31, 2011, a third extension may be granted
by the building official for building permits where substantial work has not
commenced, if:
1. The applicant provides a sworn and notarized declaration that
substantial work has not commenced as a result of adverse
market conditions and inability to secure financing to commence
construction;
2. The applicant pays applicable permit extension fees; and
3. There are no substantial changes in the approved plans or
specifications.
(5) Work Exempt from Permits. For purposes of Marysville Municipal Code, both
!BC and IRC Sections 105.2, Work exempt from permit, are amended to read as
follows:
Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions
of this code or any laws or ordinance of this jurisdiction. Permits shall not be
required for the following:
Building:
1. One story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet.
2. Fences not over 6 feet high.
3. Oil derricks.
4. Retaining walls which are not over 4 feet in height measured from the bottom of
the footing to the top of the wall, unless supporting a surcharge or impounding
Class I, II, or III-A liquids.
5. Water tanks supported directly on grade in the capacity does not exceed 5,000
gallons and ratio of height to diameter or width does not exceed 2 to 1.
6. Sidewalks, platforms, decks and driveways not more than 30 inches above grade
and not over any basement or story below and which are not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television, and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to Group R-3 occupancy, as applicable
in Section 101.2, which are less than 24 inches deep, which do not exceed 5,000
gallons and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes and not
including service systems.
11. Swings and other playground equipment accessory to detached one-and two
family dwellings.
12. Window awnings supported by an exterior wall which do not project more than
54 inches from the exterior wall and do not require additional support of Group
R-3, as applicable in Section 101.2, and Group U occupancies.
13. Moveable cases, counters and partitions not over 5 feet 9 inches in height.
Section 3. Marysville Municipal Code Section 19.52.090 is amended to read as follows:
19.52.090 Planning director review -Time limitations.
Permit approvals which are subject to review per MMC 19.52.040 shall have a time
limit of two years from issuance or date of the final appeal decision, whichever is applicable,
in which any required conditions of approval must be met; however, conditional use
approval for schools shall have a time limit of five years. The time limit may be extended
one additional year by the planning director or the hearing examiner if the applicant provides
written justification prior to the expiration of the time limit. For the purpose of this chapter,
issuance date shall be the date the permit is issued or date upon which the hearing
examiner's decision is issued on an appeal of a pennit, whichever is later. A permit is
effective indefinitely once any required conditions of approval have been met.
Exception: Effective until December 31, 2011, a one-time, 36-month time
extension, less any previously approved one-year extension, may be granted by the
Community Development Director for any unexpired Conditional Use Permit
approved prior December 31, 2009, if the applicant or successor:
a. Files with the Community Development Director a sworn and notarized
declaration that final short subdivision approval will be delayed as a result of
adverse market conditions and an inability of the applicant to secure financing;
and
b. Is current on all invoices for work performed by the department on the short
subdivision review.
Section 4. Marysville Municipal Code Section 20.12.120 is amended to read as follows:
20.12.120 Limitations on approval.
Final subdivision approval must be acquired within five years of preliminary
approval, after which time the preliminary subdivision approval is void. The five-year time
frame shall commence from the effective date of the decision approving the subdivision. An
extension may be granted by the city council for one year if the applicant has attempted in
good faith to submit the final plat within the five-year time period; provided, however, the
applicant must file a written request with the city council requesting the extension at least 30
days before expiration of the five-year period.
Exception: Effective until December 31, 2011, a one-time, 36-month time extension, minus
any previously approved time-extension, may be granted by City Council for any unexpired
preliminary plat approved prior to December 31, 2007, if the applicant or successor:
a. Files with the City Council a sworn and notarized declaration that final
subdivision approval will be delayed as a result of adverse market conditions and
inability of the applicant to secure financing; and
b. Is current on all invoices for work performed by the department on the
subdivision review.
Section 5. Marysville Municipal Code Section 20.20.080 is amended to read as follows:
20.20.080 Time limits for action.
(1) Approval Within 60 Calendar Days. Preliminary short subdivisions shall be
approved, disapproved or returned to the applicant within 60 calendar days from the date of
filing a complete application, unless the applicant consents to a written extension of such
time period; provided, that if an environmental impact statement is required as provided in
RCW 43.21C.030, the time period shall not include the time spent preparing and circulating
the EIS.
(2) Limitation on Approval.
(a) Final short subdivision approval must be acquired within five years of
preliminary approval, after which time the preliminary short subdivision approval is void.
The five-year time frame shall commence from the effective date of the decision approving
the short subdivision. An extension may be granted by the Community Development
Director for one year if the applicant has attempted in good faith to submit the final short
plat within the five-year time period; provided, however, the applicant must file a written
request with the Community Development Director requesting the extension at least 30 days
before expiration of the five-year period.
Exception: Effective until December 31, 2011, a one-time, 36-month time
extension, less any previously approved one-year extension, may be granted by the
Community Development Director for any unexpired preliminary short plat approved prior
December 31, 2008, if the applicant or successor:
a. Files with the Community Development Director a sworn and notarized
declaration that final short subdivision approval will be delayed as a result of
adverse market conditions and inability of the applicant to secure financing; and
b. Is current on all invoices for work performed by the department on the short
subdivision review.
(3) A short subdivision application shall not be deemed as filed until all of the
application requirements of this title have been met at which time the city shall indicate by
sending a letter to the applicant within 21 calendar days from receipt of the application.
(4) Records. All records of the proceedings concerning the preliminary short
subdivision shall be kept in the planning department.
Section 6. Marysville Municipal Code Section 20.48.050 is amended to read as follows:
20.48.050 Time limitation for action.
The applicant must complete all conditions of preliminary approval within
five years following the date of preliminary approval, after which the preliminary approval is
void. An extension may be granted by the planning department for one year if the applicant
has attempted in good faith to complete the requirements of preliminary approval within the
original time period; provided, however, the applicant must file a written request with the
planning department requesting the extension at least 30 days prior to the expiration of the
original time period. If the binding site plan was approved through the public review
process this extension request must be made to the city council.
Exception: Effective until December 31, 2011, a one-time, 36-month time
extension, less any previously approved one-year extension, may be granted by the
Community Development Director for any unexpired Binding Site Plan approved
prior December 31, 2008, if the applicant or successor:
a. Files with the Community Development Director a sworn and notarized
declaration that final short subdivision approval will be delayed as a result of
adverse market conditions and inability of the applicant to secure financing; and
b. Is current on all invoices for work performed by the department on the short
subdivision review.
Section 7. The city council intends that no preliminary subdivision, short subdivision,
conditional use permit, binding site plan, construction plans or building permit be extended for a
total of more than three years. Some applicants already may have obtained an extension of
preliminary approval from the City of up to one year under the current code. In such cases, an
extension of approval by the City may not exceed three years minus the length of the pre-existing
extension. For example, an applicant that has received a one-year extension under the current
version of the MMC may receive up to an additional two-year extension under the amendments
adopted by this ordinance.
Section 8. Chapter 20.12 of the Marysville Municipal Code is hereby amended by adopting
MMC 20.12.130 to read as follows:
20.12.130 Substantial Revisions of County Approved Preliminary Plats.
The Hearing Examiner may determine that applications for substantial revisions of preliminary plats
that were approved by Snohomish County be approved, based on the following circumstances and
conditions:
(1) The preliminary plat was approved by Snohomish County in compliance with all County land use
requirements that were applicable when the complete application was submitted to the County;
(2) All conditions of County approval have been satisfied, including construction and/or installation
of all required infrastructure;
(3) The property owner/developer has provided a sworn and notarized declaration that the
preliminary plat approved by the County can no longer be developed due to adverse market
conditions and the inability to secure financing;
(4) The City Council and the property owner/developer have entered into a development agreement
pursuant to Ch. 36.70B RCW, which provides for the property owner/developer to retain vested
rights for compliance with specified, limited County land use regulations in consideration of
construction and/or installation of all County required infrastructure and submittal to the City of a
new preliminary plat application that complies with all other City land use regulations; and
(5) The City's SEPA Responsible Official has determined that the new preliminary plat application
and development agreement comply with the State Environmental Policy Act.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance is held to be
invalid or unconstitutional by the Growth Management Hearings Board (Board) or a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance. Provided,
however that if any section, sentence, clause or phrase of this ordinance is held to be invalid by the
Board or a court of competent jurisdiction, then the section, sentence, clause or phrase in effect
prior to the effective date of this ordinance shall be in full force and effect for that individual
section, sentence, clause or phrase as if this ordinance had never been adopted.
PASSED by the City Council and approved by the Mayor thisd-l.{;I, day oG~__
__,2009. ~
~~~Io:'rf'-J~~I}.CITI CLERK
,,\~\L O' ~~ Q~t-~
Appwved as to form, ~
By C\~<l0.~
lGRANT K. WEED, CITI ATIORNEY
Date of Publication: 7 /~ Jb '1r I
Effective Date (5 days after publication): I I