Chapter 14.70
TYPE 5 PERMITS (SHORELINE PERMITS AND CRITICAL AREAS VARIANCES)
Sections:
14.70.010 Pre-application conference.
14.70.020 Application.
14.70.030 Determination of completeness.
14.70.040 Threshold determination, scheduling of hearing, and notice.
14.70.050 Repealed.
14.70.055 Design commission.
14.70.060 Director(s) shall forward.
14.70.070 Hearing.
14.70.080 Findings and decision.
14.70.090 Notice of decision.
14.70.100 Shoreline permits – Notice of decision and mandatory wait before construction.
14.70.110 Appeal.
14.70.010 Pre-application conference.
The director(s) may require a potential applicant to participate in a pre-application conference. (Ord. 988 § 2, 2003).
14.70.020 Application.
The applicant shall complete the appropriate application form and submit application, fee, and an environmental checklist to the director(s). The application form shall specify the submittal requirements. (Ord. 988 § 2, 2003).
14.70.030 Determination of completeness.
A. Within 28 days of submittal, the director(s) shall:
1. Send the applicant either a determination of completeness or a notice stating information required to complete the application; and
2. Advise the applicant of other agencies that may have jurisdiction over the proposal.
B. Within 14 days of submittal of additional information as required above, the director(s) shall send the applicant either a determination of completeness or another notice stating information required to complete the application. (Ord. 988 § 2, 2003).
14.70.040 Threshold determination, scheduling of hearing, and notice.
Within 90 days of determination of completeness of an application, the director(s) shall:
A. Perform a threshold determination regarding the proposal, if applicable, in accordance with Chapter 16.04 BLMC;
B. Schedule a public hearing before the hearing examiner for a date that conforms to the following notice requirement, except that if a determination of significance (DS) has been issued, the hearing may be scheduled and publicized later to allow time to prepare the draft environmental impact statement (DEIS); and
C. Publish between 15 and 30 days before the hearing a notice of application/hearing/SEPA in accordance with BLMC 14.90.040 and Chapter 16.04 BLMC; provided, that:
1. Shoreline permits require a 20-day comment period (for certain improvements to single-family residential lots per RCW 90.58.140(11)(a)) or a 30-day comment period (all other substantial development permits per RCW 90.58.140(4)) before the hearing.
2. For shoreline permits the notice shall also include the information required in RCW 90.58.140(4). (Ord. 1322 § 3, 2009; Ord. 988 § 2, 2003).
14.70.050 Reconsideration of DNS.
Repealed by Ord. 1322. (Ord. 988 § 2, 2003).
14.70.055 Design commission.
If the proposal is not exempt from design review (see Chapter 14.95 BLMC), at any time after the determination of completeness the design commission shall review it and issue a finding of conformance (with or without conditions) or non-conformance with the community character element of the comprehensive plan. (Ord. 1025 § 7, 2004).
14.70.060 Director(s) shall forward.
The director(s) shall inform the hearing examiner of the results of the proposal’s environmental review and transmit copies of the draft and final EIS, if applicable. (Ord. 988 § 2, 2003).
14.70.070 Hearing.
The hearing examiner shall hold the public hearing, which may be combined with that of another agency with jurisdiction. (Ord. 988 § 2, 2003).
14.70.080 Findings and decision.
After the above, the hearing examiner shall:
A. Adopt written findings referencing the applicable permit criteria, which findings shall include, if applicable, either the design commission’s finding of (non)conformance or an alternative finding; and
B. Render a decision consistent with those findings. The decision shall be early enough to allow the director(s) to comply with the following section regarding notice of decision. (Ord. 1025 § 8, 2004; Ord. 988 § 2, 2003).
14.70.090 Notice of decision.
A. Within 120 days of the determination of completion, the director(s) shall issue a notice of decision. See BLMC 14.90.050 for exceptions to this 120-day deadline.
B. The notice of decision shall contain a statement of threshold determination.
C. The notice of decision shall be published in accordance with BLMC 14.90.040 and 14.70.100. (Ord. 988 § 2, 2003).
14.70.100 Shoreline permits – Notice of decision and mandatory wait before construction.
For shoreline permits, notices of decision shall also be sent to the Washington Department of Ecology and Attorney General, per RCW 90.58.140(6), and construction shall not be permitted until 21 days after filing of notice of decision per RCW 90.58.140(5). (Ord. 988 § 2, 2003).
14.70.110 Appeal.
For appeals of shoreline permits see RCW 90.58.180. For other appeals see BLMC 14.120.040. (Ord. 988 § 2, 2003).