18.190.080 General provisions | Talent Municipal Code

18.190.080 General provisions.

A. One-Hundred-Twenty-Day Rule. The city shall take final action on permit applications, which are subject to this chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (The 120-day rule does not apply to Type IV legislative decisions – comprehensive plan and development code amendments – under ORS 227.178.)

B. A 100-day period applies in place of the 120-day period for affordable housing projects where:

1. The project includes five or more residential units, including assisted living facilities or group homes;

2. At least 50 percent of the residential units will be sold or rented to households with incomes equal to or less than 60 percent of the median family income for Jackson County or for the state, whichever is greater; and

3. Development is subject to a covenant restricting the owner and successive owner from selling or renting any of the affordable units as housing that is not affordable for a period of 60 years from the date of the certificate of occupancy.

C. Time Computation. In computing any period of time prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or legal holiday, including Sunday, in which event the period runs until the end of the next day which is not a Saturday or legal holiday.

1. Participants. When a preapplication conference is required, the applicant shall meet with the city planner or his/her designee(s);

2. Information Provided. At such conference, the city planner shall:

a. Cite the comprehensive plan policies and map designations applicable to the proposal;

b. Cite the development code provisions, including substantive and procedural requirements applicable to the proposal;

c. Provide available technical data and assistance, which will aid the applicant;

d. Identify other governmental policies and regulations that relate to the application; and

e. Reasonably identify other opportunities or constraints concerning the application;

3. Disclaimer. Failure of the city planner or his/her designee to provide any of the information required by this subsection (D) shall not constitute a waiver of any of the standards, criteria, or requirements for the application;

4. Changes in the Law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

1. Initiation of Applications. Applications for approval under this chapter may be initiated by:

a. Resolution of city council;

b. Resolution of the planning commission;

c. The city planner;

d. A record owner of property (person(s) whose name is on the most recently recorded deed), or contract purchaser with written permission from the record owner;

e. Any person authorized to submit an application for approval may be represented by an agent authorized in writing to make the application on their behalf.

2. Consolidation of Proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.

a. If more than one approval authority would be required to decide on the applications if submitted separately, then the decision shall be made by the approval authority having original jurisdiction over one of the applications in the following order of preference: (i) the city planner, (ii) the planning commission, and (iii) the city council. Joint meetings between governing bodies may be held to streamline the decision process.

b. When proceedings are consolidated:

i. The notice shall identify each application to be decided;

ii. The decision on a plan map amendment shall precede the decision on a proposed land use change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions; and

iii. Separate findings and decisions shall be made on each application.

3. Check for Acceptance and Completeness. In reviewing an application for completeness, the following procedure shall be used:

a. Acceptance. When an application is received by the city, the city planner shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant:

i. The required form;

ii. The required fee;

iii. The signature of the applicant on the required form, and signed written authorization of the property owner of record if the applicant is not the owner.

i. Review and Notification. After the application is accepted, the city planner shall review the application for completeness. If the application is incomplete, the city planner shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant 180 days to submit the missing information;

ii. When an Application Is Deemed Complete for Review. In accordance with the application submittal requirements of this chapter, the application shall be deemed complete by the city planner upon the receipt of all required information. The applicant shall have the option of withdrawing the application, or refusing to submit information requested by the city planner in subsection (E)(3)(b)(i) of this section. For the refusal to be valid, the refusal shall be made in writing and received by the city planner no later than 14 days after the date on the city planner’s letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete on the thirty-first day after the city planner first accepted the application.

iii. Standards and Criteria That Apply to the Application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first accepted unless the applicant takes more than 180 days to complete, in which case the application will be based on the standards and criteria effective when the application is deemed complete.

4. Changes or Additions to the Application During the Review Period. Once an application is deemed complete:

a. All documents and other evidence relied upon by the applicant shall be submitted to the city planner at least 14 days before the notice of action or hearing is mailed, if possible. Documents or other evidence submitted after that date shall be received by the city planner, and transmitted to the hearings body, but may be too late to include with the staff report and evaluation;

b. When documents or other evidence are submitted by the applicant during the review period, but after the application is deemed complete, the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;

c. If the assigned reviewer determines that the new documents or other evidence significantly change the application, the reviewer shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the reviewer may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see subsection (E)(4)(d) of this section), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change;

d. If the applicant’s new materials are determined to constitute a significant change in an application that was previously deemed complete, the city shall take one of the following actions, at the choice of the applicant:

i. Continue to process the existing application and allow the applicant to submit a new second application with the proposed significant changes. Both the old and the new applications will proceed, but each will be deemed complete on different dates and may therefore be subject to different criteria and standards and different decision dates;

ii. Suspend the existing application and allow the applicant to submit a new application with the proposed significant changes. Before the existing application can be suspended, the applicant must consent in writing to waive the 120-day rule (subsection (A) of this section) on the existing application. If the applicant does not consent, the city shall not select this option; and

iii. Reject the new documents or other evidence that has been determined to constitute a significant change, and continue to process the existing application without considering the materials that would constitute a significant change. The city will complete its decision-making process without considering the new evidence; and

e. If a new application is submitted by the applicant, that application shall be subject to a separate check for acceptance and completeness and will be subject to the standards and criteria in effect at the time the new application is accepted.

F. City Planner’s Duties. The city planner shall:

1. Prepare application forms based on the criteria and standards in applicable state law, the city’s comprehensive plan, and implementing ordinance provisions;

2. Accept all development applications which comply with applicable ordinances and procedures;

3. Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or nonconformance with the criteria. The staff report should also provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria;

4. Prepare a notice of the proposal decision:

a. In the case of an application subject to a Type I or II review process, the city planner shall make the staff report and all case-file materials available at the time that the notice of the decision is issued;

b. In the case of an application subject to a hearing (Type III or IV process), the city planner shall make the staff report available to the public at least seven days prior to the scheduled hearing date, and make the case-file materials available when notice of the hearing is mailed, as provided by TMC 18.190.040 (Type II), TMC 18.190.050 (Type III), or TMC 18.190.060 (Type IV);

5. Administer the hearings process;

6. File notice of the final decision in the city’s records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;

7. Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and

8. Administer the appeals and review process.

1. The purpose of an amended decision process is to allow the city planner to correct typographical errors, rectify inadvertent omissions and/or make other minor changes, which do not materially alter the decision.

2. The city planner may issue an amended decision after the notice of final decision has been issued, but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 10 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.

3. Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.

4. Modifications to approved plans or conditions of approval requested by the applicant shall follow the individual procedures of applicable ordinances. All other requested changes to decisions that do not qualify as minor or major modifications shall follow the appeal process.

H. Resubmittal of Application Following Denial. An application which has been denied, or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final city action is made denying the application, unless there is substantial change in the facts or a change in city policy which would change the outcome, as determined by the city manager. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3M.180, 2006.]