Article 2. Pre-Application  

2.201.   Pre-Application Procedure

(1)

Prior to making a pre-application submittal, it is recommended that the applicant meet with the Development Services Department to review the project application process in order to determine the applicable Chapter or Chapters of these Regulations.

(2)

Before submitting an application for a Permit under these Regulations, the applicant shall meet with the Development Services Department.

(3)

At or before the pre-application meeting, the applicant shall provide the Department with:

(a)

Names and addresses of all persons or interests proposing the activity or development;

(b)

Name and qualifications of the person(s) responding to the requirements detailed in these Regulations;

(c)

A written summary of the Project including:

(i)

Map prepared at an easily readable scale showing:

• Boundary of the proposed Project

• Relationship of the proposed Project to surrounding topographic and cultural features such as roads, streams and existing structures

• Proposed buildings, improvements and infrastructure.

(d)

Information that is sufficient for determining the nature of the Project and the type, extent and location of impacts associated with the Project;

(e)

Any additional information requested by the Director as may be reasonably necessary to make the determinations contemplated by this Article.

(4)

The purpose of the pre-application meeting is to permit the applicant and the staff to review the proposal informally and to coordinate with or request review and comment from other relevant agencies before substantial commitment of time and money is made. Topics of discussion may include, as relevant to the specific application, but are not limited to:

(a)

Characteristics of the activity, including its location or potential locations, significant natural and man-made features, with particular attention to natural hazard, resource or other special areas; the size and accessibility of the site; surrounding development and land uses; and its potential impact on surrounding areas, including potential environmental effects and planned mitigation strategies.

(b)

The nature of the development proposed, including land use types and their densities; placement of proposed buildings and maintenance of common open space or treatment of public use areas; the preservation of natural features; proposed parking areas and internal circulation system, including trails, the total ground coverage of paved areas and structures; and types of water and sewage treatment systems proposed.

(c)

Community policy considerations, including the review process and likely conformity of the proposed development with the policies and requirements of these Regulations.

(d)

Applicable regulations, review procedures and submission requirements.

(e)

Other regulatory reviews or procedures to which the applicant is subject, the applicant's time frame for the Project, and other concerns of the applicant.

(5)

Any comments or commitments made by the Department during this pre-application conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the application is submitted.

(6)

Pre-Application Costs. Within seven (7) days after the pre-application meeting, the Department shall establish an estimated fee in an amount reasonable and necessary to cover costs of determining whether an Administratively Approved Permit or a Permit is required. The estimate will include the costs of copying, mailing, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it in making the Determination. Once the estimate is established, the Department shall notify the applicant in writing of said fee and its amount. Following receipt of such notice, the applicant shall present to the Department cash, cashier's check, or a certified check in the amount set. Until the fee is paid, no further action shall be taken in the pre-application process. The Department shall provide to the applicant, upon completion of the aforementioned review, an itemized accounting of expenses incurred by the County and shall, in accordance with County disbursement procedures, refund to the applicant any unexpended portion of the fee payment.

2.202.   Administratively Approved Permit

Based upon review of the pre-application submittals and the information obtained at the pre-application conference, and after receipt of the pre-application fee, the Director may determine that an Administratively Approved Permit is warranted or that a Permit is required. Such determination shall be made by the Director within thirty (30) days after receipt of the fee and any additional information requested at the pre-application meeting.

(1)

Administratively Approved Permit. The Director may determine that an Administratively Approved Permit should be issued if the construction or operation of the Project, as proposed, is unlikely to have any significant adverse impact to the County in consideration of the relevant Permit Application Review Criteria, and any conditions, requirements or mitigation measures imposed under Section 2.202(4)(a). If the Director issues an Administratively Approved Permit, the applicant does not need to submit a full Permit application, unless the Permit Authority deems that a Permit is necessary, following reconsideration as set forth below.

(2)

Permit Authority Review Required. If the Director determines that an Administratively Approved Permit is not appropriate based upon review of the pre-application submittals and the information obtained at the pre-application meeting, then the applicant must submit a full Permit application.

(3)

Notice of Director's Determination on an Administratively Approved Permit. Upon the Director's determination on an Administratively Approved Permit, the Department shall notify the applicant by mail, and shall notify the Permit Authority, the County Administrator and the County Attorney of the determination by e-mail or memorandum.

(4)

Legal effect of an Administratively Approved Permit.

(a)

The Administratively Approved Permit may include conditions, requirements and mitigation measures imposed by the Director. Such conditions may include the need to submit a copy of any other regulatory approval once obtained and prior to the County's approval of a site development plan and the issuance of a construction permit for the project.

(b)

The Administratively Approved Permit is limited to the Project as described at the pre-application meeting and in any supplementary information provided prior to the Director's decision.

(c)

If the Project is revised to exceed or vary from the terms of the Administratively Approved Permit as issued by the Director, the Administratively Approved Permit shall be invalid and application to and review by the Permit Authority for a Permit under these Regulations is required.

(5)

Reconsideration and Appeal of an Administratively Approved Permit.

(a)

Within fourteen (14) days after the date of notice of the Director's determination on an Administratively Approved Permit under Section 2.202(3), the applicant may file a written request for reconsideration with the Director. Such request must be accompanied with such modifications to the application and/or additional information as the applicant wishes the Director to consider, along with the factual or legal basis for the request.

(b)

In processing the request, the Director may request such additional details from the applicant as he or she may believe necessary, and may hold a face-to-face meeting with the applicant to assist in deciding upon the merits of the request.

(c)

The Director shall act on the request for reconsideration within fourteen (14) days of its receipt and shall notify the applicant of his or her decision in the manner set forth in Section 2.202(3). Only one (1) such request is permitted.

(d)

If no request for reconsideration is filed within the required period, the Director's decision on the Administratively Approved Permit is final and non-appealable.

(e)

The Director's decision may be appealed only by the applicant to the Permit Authority by the filing of a written appeal with the Department within fourteen (14) days of the date of notice of the Director's decision on the reconsideration request. The Permit Authority shall consider the appeal at a hearing conducted in substantially the same manner as set forth in Section 2.401 and 2.402(1).

(6)

Suspension of an Administratively Approved Permit: In the event the Director has reason to believe that a condition imposed in an Administratively Approved Permit has been violated by the Permittee, the Director may temporarily suspend the Administratively Approved Permit for a period of thirty (30) days. Before imposing such a temporary suspension, the Director shall give the permittee written notice of the specific violation and shall allow the Permit holder a period of at least ten (10) days to correct the violation. If the permittee does not concur that there is a violation, the permittee shall, within ten (10) days of the date of such notice, demonstrate to the Director why temporary suspension should not be ordered. Within ten (10) days thereafter, the Director shall make a decision, as follows:

(a)

If the Director determines there is no violation, the matter is closed and the Administratively Approved Permit remains in effect.

(b)

If the Director finds a violation exists, the Administratively Approved Permit shall be suspended for thirty (30) days. During such period, the applicant shall either:

(i)

Correct the violation;

(ii)

Request an extension of time to correct the violation, or

(iii)

Request a show cause hearing before the Permit Authority, which shall be conducted in substantially the manner set forth in Section 2.401 and 2.402(1).

(7)

The Director may, in lieu of or subsequent to temporary suspension, permanently revoke or suspend an Administratively Approved Permit in the manner provided for Permits in Section 2.508(2). This decision may be appealed to the Permit Authority in the manner set forth in Section 2.202(5)(e).

(8)

Annual review of an Administratively Approved Permit shall be conducted by the Director, following the procedure for Permits in Section 2.509.