A. 
The town is authorized to establish application forms to gather the necessary information required by the YPMC and to determine the completeness of an application as provided in the applicable YPMC provisions.
B. 
All applications shall be submitted with the appropriate fees as established by town council resolution which may be amended from time to time. The fees are necessary to reimburse the town for costs associated with processing the permits including, but not necessarily limited to, staff time, consultant time, postage, legal notices, construction activity notices, paper, duplicating costs, and mileage.
(Ord. 699 § 1, 2019; Ord. 767 § 2 (Att. A), 2025)
A. 
"Application"
means any application for a land use or development permit as required by the YPMC, state law, or other applicable regulation.
B. 
"Closed record appeal"
means an administrative appeal on the record to the council following an open record hearing on an application. The appeal must be on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
C. 
"Commission"
means the planning commission of the town of Yarrow Point, Washington.
D. 
"Council"
means the council of the town of Yarrow Point, Washington.
E. 
"Public hearing"
means a hearing conducted by the planning commission, the council, or the town hearing examiner, as appropriate, that creates the town hearing record through testimony and submission of evidence and information.
G. 
"Town"
means the town of Yarrow Point, Washington.
(Ord. 496 § 1, 2000; Ord. 767 § 2 (Att. A), 2025)
Upon written request, and payment of a preliminary feasibility conference fee established by the town council which may be amended from time to time, town staff may provide a preliminary feasibility conference for members of the public. Consultant fees which exceed the base fee set forth herein shall be billed to the applicant at the hourly rates listed in the town's fee schedule. Such a conference may be held with one or more of town staff upon request, and may be conducted in person, by phone, email correspondence, virtual meeting, or any combination thereof at the town's discretion. The purpose of this conference is to provide general information only regarding applicability of town code on a given parcel. The conference does not include a title review or review of private property restrictions such as but not limited to HOA covenants and restrictions. Members of the public and property owners are solely responsible for verifying all information provided as well as ascertaining the conditions and circumstances applicable to the property.
(Ord. 744 § 2, 2024; Ord. 767 § 2 (Att. A), 2025)
A. 
Prior to the submittal of any application for any of the following permits, an applicant shall submit a preapplication conference request, pay the required fee, and participate in the preapplication conference:
1. 
Any shoreline permit except for shoreline exemptions, required pursuant to Chapter 19.02 YPMC.
2. 
Repealed by Ord. 767.
3. 
Repealed by Ord. 767.
4. 
Any permit required pursuant to Chapter 13.04 YPMC, Public Utility Franchises.
5. 
Building permits that exceed $50,000 in value, required pursuant to YPMC § 15.04.010(A).
6. 
Preliminary plat applications required pursuant to Chapter 16.12 YPMC, Preliminary Subdivision and Short Subdivision Requirements.
7. 
Repealed by Ord. 767.
8. 
Unit lot subdivision applications required pursuant to Chapter 16.08 YPMC, Unit Lot Subdivisions.
9. 
Boundary line adjustment applications required by Chapter 16.32 YPMC, Boundary Line Adjustments.
10. 
A macro wireless facility permit required by YPMC § 17.30.070.
11. 
Site development permit required pursuant to Chapter 20.12 YPMC, Site Development Permit.
12. 
Any other permits as determined by the town.
B. 
A request for a preapplication conference shall be made on a form prescribed by the town, including the specific information requested on the form, and shall include payment of a nonrefundable fee as set forth in the fee resolution adopted by the town council and amended from time to time.
C. 
All preapplication conferences include required permit intake meetings, if deemed necessary by town staff.
D. 
A preapplication conference does not vest a proposed application.
E. 
It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the preapplication conference shall not bind or prohibit the town's future application or enforcement of all applicable law.
F. 
The town may waive the preapplication conference fee and associated conference if the town determines that no preapplication review is necessary.
(Ord. 730 § 2, 2023; Ord. 767 § 2 (Att. A), 2025)
A. 
The town hearing examiner reviews applications for variances, shoreline substantial development permits, shoreline variances, and shoreline conditional use permits at a public hearing.
B. 
The town council reviews applications for subdivisions at a public hearing.
(Ord. 496 § 2, 2000; Ord. 667 § 1, 2016; Ord. 767 § 2 (Att. A), 2025)
Town staff may issue a construction activity notice sign for building permits, demolition permits, and site development permits. If a construction activity notice sign is issued, it shall conform to the following requirements:
A. 
The sign shall include the following information:
1. 
The file number assigned to the project permit.
2. 
A description of the project.
3. 
The contact information of the project applicant.
4. 
Construction hours as defined in YPMC § 12.30.030.
B. 
The signs shall be placed by the applicant in the following manner:
1. 
No more than five feet inside the property line that is adjacent to a public right-of-way or private lane.
2. 
Completely visible and accessible to both drivers and pedestrians.
3. 
In place for the entire duration of the permit effective date.
(Ord. 767 § 2 (Att. A), 2025)
Upon written request by the applicant or the town, any two or more applications that require review by the town may be consolidated for review before the appropriate body.
(Ord. 496 § 3, 2000; Ord. 767 § 2 (Att. A), 2025)
A. 
Within 28 days after receiving an application, the town shall provide a written determination stating either:
1. 
That the application is complete; or
2. 
That the application is incomplete and that the procedural submission requirements of the local government have not been met. The determination shall outline what is necessary to make the application procedurally complete.
B. 
Unless otherwise specified, all time frames in this chapter are indicated as calendar days pursuant to RCW 36.70B.080(1)(g), as now exists and subsequently amended.
C. 
After receiving a notice of incomplete application, the applicant shall have 90 days in which to address the issue or the application shall be deemed void.
D. 
The determination shall, to the extent known to the town, identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application pursuant to RCW 36.70B.070(1)(c).
E. 
The application shall be considered complete for the purposes of this section when it meets the procedural submission requirements of the town, as outlined on the application form. Additional information may be required or project modifications may be undertaken subsequently.
F. 
A determination of completeness shall not preclude the town from requesting additional information or studies if new information is required or if there are substantial changes in the proposed action.
G. 
An application shall be deemed procedurally complete on the twenty-ninth day after receiving a project permit application under this section if the town does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection (A)(2) of this section. When the town does not provide a written determination, the town may still seek additional information or studies as provided for in subsection D of this section.
H. 
After a determination that the initial application is incomplete, the town shall issue a new determination of completeness within 14 days after an applicant has submitted the additional information requested.
(Ord. 496 § 4, 2000; Ord. 767 § 2 (Att. A), 2025)
The town may require the applicant to designate a single person or entity to receive the determinations and notices required by this chapter.
(Ord. 496 § 5, 2000; Ord. 767 § 2 (Att. A), 2025)
A. 
The town shall provide a public notice of application within 14 days after the determination of completeness for subdivisions and variances that requires review by the council or town hearing examiner. This notice of application shall include:
1. 
The date of application, the date of the notice of the determination of completeness for the application, and the date of the public notice of application.
2. 
A description of the proposed action, a list of the project permits included in the application, and if applicable, a list of any studies requested by the town.
3. 
The identification of other permits known to the town to be needed, but not included in the application.
4. 
The identification of existing environmental documents that evaluate the proposed project and where the application and any studies can be reviewed.
5. 
A statement of the public comment period, which shall be not less than 14 days nor more than 30 days following the date of public notice of application, and a statement of the right of any person to comment on the application, to receive notice of and to participate in any hearings, to request a copy of the decision once made, and to appeal the decision. The town shall accept public comments at any time prior to the closing of any public hearing.
6. 
The date, time, place, and type of hearing, if applicable and scheduled at the time the public notice of application is prepared.
7. 
A statement of the preliminary determination, if one has been made at the time of public notice, of consistency with the town's development regulations and comprehensive plan.
8. 
Any other information determined appropriate by the town.
B. 
The town shall provide a public notice of application within 14 days after the determination of completeness for shoreline substantial development permits, shoreline variances, and shoreline conditional use permits that requires review by the town hearing examiner. This notice of application shall conform to the applicable SMP provisions (YPSMP Appendix B3.4).
C. 
The town shall post the notice of application at Town Hall and on the town's webpage and publish the notice of application in the newspaper of record.
D. 
Copies of the public notice of application shall be forwarded to all local, state, or federal departments or agencies that have jurisdiction over any actions relating to an application.
E. 
A notice of application shall not be required for project permits that are categorically exempt under Chapter 43.21C RCW, unless an open record pre-decision hearing is required or an open record appeal hearing is allowed on the project permit decision.
(Ord. 496 § 6, 2000; Ord. 767 § 2 (Att. A), 2025)
A. 
Any necessary environmental review related to an application shall be consolidated with the review of the application. Actions that are categorically exempt under the rules adopted by the Washington State Department of Ecology do not require environmental review and may not be conditioned or denied under the State Environmental Policy Act.
B. 
In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with both the jurisdiction and the environmental expertise with regard to a specific environmental impact, the town may consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the town shall base or condition its project approval on compliance with the existing rules or laws of that agency.
C. 
Nothing in this section limits the ability of the town in its review or mitigation of a project to adopt or rely otherwise on environmental analysis and requirements.
D. 
All environmental review decisions, comments, and appeals shall conform to the requirements of RCW 36.70B.110(6).
(Ord. 496 § 7, 2000; Ord. 767 § 2 (Att. A), 2025)
A. 
Before acting on one of the applications set forth in YPMC § 14.04.020, the appropriate hearing body shall conduct a public hearing. The burden of proof shall be on the applicant. The application must be supported by proof that it conforms to the applicable elements of the town's development regulations, comprehensive plan and YPMC Title 17.
B. 
Prior to the public hearing, the hearing body shall cause to be prepared and submitted a single report describing all prior decisions or recommendations made that affect the permit under consideration. The report shall state any mitigation measures required or proposed and shall include or append any threshold environmental determination other than a determination of significance.
C. 
In addition to any rules adopted by the hearing body, the following rules of procedure shall apply:
1. 
A member of the hearing body who is disqualified shall be counted for purposes of forming a quorum. Any member who is disqualified shall make full disclosure to the audience, abstain from expressing any opinion or voting on the proposal, and physically leave the hearing room.
2. 
A member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.
3. 
Any member of the hearing body may view the site to which the application pertains, with or without notice to the parties; however, such visits and any ex parte communication pertaining to the application must be disclosed at the hearing.
4. 
The mayor, or designee, as the presiding officer (collectively the "presiding officer") shall describe, or cause to be described, for the record all written materials relating to the application that have been received by the hearing body.
5. 
When the presiding officer has closed the public portion of the hearing, the hearing body shall openly discuss the issue and may further question staff or a person submitting information, provided an opportunity for rebuttal is provided.
6. 
Following the hearing, the hearing body shall approve, approve with conditions, or deny the application. On appeal, the hearing body shall affirm, reverse, or remand the decision that is on appeal.
7. 
The decision of the hearing body shall be deemed to have been entered into the public record at the time a motion is passed that sets forth the decision.
8. 
The decision of the hearing body shall be substantiated in written findings and conclusions based on the testimony and written exhibits submitted at the public hearing. The date that such findings are approved shall be the date of action on the application. The time for appeal from the decision shall commence at such time.
9. 
The town shall provide a notice of decision, including the written findings and conclusions and a statement of any threshold determination made under SEPA. The notice of decision shall be provided to the applicant and to any person who requests notice of the decision. If the notice is delivered by mail, notification will be deemed complete three days after mailing by regular mail.
10. 
Any party of record may file a motion for reconsideration. Such request for reconsideration must be filed within 14 days of notification of the decision. The hearing body shall consider the request for reconsideration at its next regular meeting and may either grant or deny the request for reconsideration. If the hearing body grants the request for reconsideration, no action shall be taken upon the permit application until after a new open record public hearing has been scheduled with notice given as in the case of a new application, together with notice to all persons entitled to notice of the original decision. Requests for reconsideration shall only be granted if at least one of the following elements is established:
a. 
An irregularity in the original open record public hearing prevented the applicant from receiving a fair hearing.
b. 
New material evidence is discovered which the party applying for reconsideration could not have reasonably discovered and produced at the hearing.
c. 
One or more errors in law were objected to at the time of the hearing by the party filing the request for reconsideration and the objection is found to have merit.
(Ord. 496 § 8, 2000; Ord. 767 § 2 (Att. A), 2025)
A. 
The town shall issue a notice of final decision for a complete application as follows:
1. 
Within 65 days of the determination of completeness, if no public notice is required;
2. 
Within 100 days of the determination of completeness, if public notice is required; or
3. 
Within 170 days of the determination of completeness, if public notice and public hearing(s) are required.
B. 
In the event of a consolidated review of more than one permit, the time period for a final decision shall be the longest of the permit periods identified above.
C. 
The time periods established in subsection A of this section do not apply to the issuance of subdivisions. Pursuant to state law, a preliminary plat for a short subdivision, or subdivision must be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing a complete application, unless the applicant consents to an extension. A final plat for a short subdivision or subdivision must be approved, disapproved, or returned to the applicant for modification or correction within 30 days from the date of filing a final plat, unless the applicant consents to an extension.
D. 
The number of days an application is in review with the town shall be calculated from the day completeness is determined to the date a final decision is issued on the application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:
1. 
Any period that the town has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant;
2. 
Any period after an applicant informs the town, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the town, in writing, that they would like to resume the application. The town may set conditions for the temporary suspension of a permit application; and
3. 
Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
E. 
The town shall not exclude any days an application is pending review by an outside agency. However, outside agency review should occur concurrent with the town's review of the application.
F. 
The time periods for the town to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the town.
G. 
If, at any time, an applicant informs the town, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the town has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for town action to issue a final decision for a project permit application. Any written notice from the town to the applicant that additional information is required to further process the application must include a notice that non-responsiveness for 60 consecutive days may result in 30 days being added to the time for review.
H. 
The applicant and the town may extend the time for a deadline for issuance of a final decision for a specific project permit application upon mutual agreement.
I. 
The time limits set forth in this section shall not apply to any application that requires amendment to the comprehensive plan or town ordinances.
(Ord. 496 § 9, 2000; Ord. 767 § 2 (Att. A), 2025)
A. 
The action of the hearing examiner on an application for a variance shall be final and conclusive. Decisions may be appealed to the King County superior court.
B. 
The action of the hearing examiner on an application for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be the final decision at the local level. Decisions may be appealed to the Washington State Shoreline Hearings Board.
C. 
The action of the council on an application shall be final and conclusive. Decisions may be appealed pursuant to state law.
D. 
All other actions of the town on an application not listed above shall be the final and conclusive action of the town on the given application. Decisions on such applications may be appealed pursuant to state law.
(Ord. 496 § 10, 2000; Ord. 667 § 1, 2016; Ord. 767 § 2 (Att. A), 2025)
The following matters are excluded from YPMC § 14.04.090:
A. 
Building permits.
B. 
Mechanical permit.
C. 
Plumbing permits.
D. 
Street opening permits.
E. 
Right-of-way use permits.
F. 
Street vacations.
G. 
Approvals relating to the use of public areas or facilities.
H. 
Landmark designations.
I. 
Amendments to the comprehensive plan.
J. 
The adoption or amendment of ordinances or regulations relating to land use and development.
K. 
Interior alterations are excluded from site plan reviews; provided, that the interior alterations do not result in the following:
1. 
Additional sleeping quarters or bedrooms;
2. 
Nonconformity with Federal Emergency Management Agency improvement thresholds; or
3. 
An increase to the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems.
This does not exempt interior alterations from otherwise applicable building, plumbing, mechanical, or electrical codes.
(Ord. 496 § 11, 2000; Ord. 767 § 2 (Att. A), 2025)
A. 
A revision or modification to the contents of an application before or after issuance of the permit, either voluntarily or to conform with applicable standards and requirements, shall be deemed a new application for the purpose of vesting when the revision or modification would result in a significant increase in a project's impacts, as determined by the town. In reaching a decision on whether a revision is significant, the town's consideration shall include, but not be limited to, the magnitude of the revision and the effect on the environment; the environmental sensitivity of the site; any changes in location of significant elements of the project and their relationships to public facilities; the impact of the revision on the review clock; and impacts to surrounding lands and land uses.
B. 
Written notice of such determination of substantial revision or modification shall be provided to the applicant and to all parties of record.
C. 
Any revision or modification deemed by the town to be substantial shall conform to the time periods set forth in YPMC § 14.04.040. The review cycle for the revised project application shall begin with the date the revised project application is determined to be complete. The revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of a complete, revised project application.
(Ord. 767 § 2 (Att. A), 2025)