011-23 - Ordinance - Counter Complete, Clarification on Electronic SubmittalsDocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC
ORDINANCE NO. 011-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
REVISIONS TO PORT ORCHARD MUNICIPAL CODE (POMC) 20.24.040 TO PROVIDE
CLARIFICATION ON ELECTRONIC SUBMITTALS, TIMING OF FEE PAYMENT AND THE
TIMELINE TO DETERMINE AN APPLICATION COUNTER COMPLETE; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019-17
establishing a new unified development code (Title 20 POMQ and
WHEREAS, the City may adopt amendments to the City's development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, the City Council desires to amend POMC Chapter 20.24.040 (Counter -
completeness) in order to provide clarification on electronic submittals, timing of fee payment
and the timeline to determine an application counter complete.; and
WHEREAS, on April 10, 2023, the City submitted to the Department of Commerce a
request for expedited review of the proposed revision POMC 20.24.040, pursuant to RCW
36.70A.106(3)(b); and
WHEREAS, on April 10, 2023, the City's SEPA official issued a determination of non -
significance for the proposed adoption of revisions POMC 20.24.040, and there have been no
appeals; and
WHEREAS, on May 2, 2023, the Planning Commission held a duly -noticed public hearing
on the proposed adoption of revisions to POMC 20.24.040, and the Planning Commission
recommended approval of the proposed ordinance to the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City and further advance the public health, safety and welfare;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
IQ XVI&I
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
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Ordinance No. 011-23
Page 2 of 3
SECTION 2. The Port Orchard Municipal Code, Section 20.24.040 is hereby amended to
read as follows:
20.24.040 Counter -completeness.
(1) Applications may e+theF be submitted to the city in any of the following
manners: brought in person to the city, eF applicatiens may be mailed to the city,
or submitted electronically using the city's online permits system. All three of
these systems are acceptable methods for counter -complete review. However,
in no case will an application be deemed counter -complete until such time as the
minimum required permit fee is remitted in full.
(2) An application is counter -complete if the director finds that the application
purports and appears to include the information required by the master permit
application and associated permit application(s) and all required fees have been
acid; provided, no effort shall be made to evaluate the substantive adequacy of
the information in the application(s) in the counter -complete review process. No
effort shall be made to determine ownership of land as part of the counter -
complete review process.
(3) The director shall make a counter -complete determination regarding an
application brought in person to the city while the applicant is present. If the
director decides that the application is counter complete, then the applicant
shall pay the appropriate fees at the time of submittal. For applications mailed to
the city or submitted electronically, the counter -complete determination shall be
made within two business days from the date of receipt of all application
components, including the receipt of any required fees. If the city does not
provide a counter -complete determination for a mailed application, the
application shall be deemed counter -complete as of the third business day from
receipt provided that all fees are included with the mailed application. If the city
does not provide a counter -complete determination for an electronically
submitted application, the application shall be deemed complete within five
business days of the online submittal only if the fees are received no later than
four business days following the submittal. No application shall be automatically
deemed counter -complete due to the passage of time unless the fees are timely
received in accordance with this section.
(n�f the d*F26tAer dd 26*{�es the aPPI*Gati6„*SC�u,AeF complete, *tee
appliGatFA�i-may be su . .itted _A.AdI the ii ate fee Sh-,II be paid by rh
(154) If the director decides the application is not counter -complete, then the city
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Ordinance No. 011-23
Page 3 of 3
shall reject and return the application and identify in writing what is needed to
make the application counter -complete.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 17. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the City Clerk in authentication of such passage this 91" day of May 2023.
ATTEST:
EDocuSigned by:
fy. , u1av,t,
dfiA5A5dRRD0041A
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
% �Do�cu�Signn�edd by: '', . r
Charlotte A. Archer, City Attorney
PUBLISHED: May 12, 2023
EFFECTIVE DATE: May 19, 2023
LDocuSigned by:
9b Pl MAUSWA,
Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember