Chapter 13.16
PERMITS
Sections:
13.16.010 Adherence to designated provisions – Required.
13.16.020 Substantial development – Requirement.
13.16.030 Substantial development – Exemptions.
13.16.040 Substantial development – Application to development undertaken prior to June 1, 1971.
13.16.050 Substantial development – Prohibitions.
13.16.060 Timber cutting – Requirement.
13.16.070 Timber cutting – Granting restrictions.
13.16.080 Timber cutting – Time limits.
13.16.090 Application – Notice – Responsibility.
13.16.100 Application – Responsibility designated.
13.16.110 Application – Filing fee.
13.16.120 Application – Substantial development – Form.
13.16.130 Timber cutting – Application – Form.
13.16.140 Application – Consideration.
13.16.150 Application – Review.
13.16.170 Decision.
13.16.180 Adherence to designated provisions – Proof.
13.16.190 Appeal – Procedures.
13.16.210 Application, decision – Copies supplied to designated parties.
13.16.220 Development – Initiation.
13.16.230 Conditions.
13.16.240 Issuance does not obviate other requirements.
13.16.250 Form.
13.16.260 Rescission, modification – Cause.
13.16.270 Rescission, modification – Initiation.
13.16.280 Rescission, modification – Hearing.
13.16.010 Adherence to designated provisions – Required.
No developments shall be undertaken on the shorelines of the city except those which are consistent with the policy of the Shoreline Management Act of 1971 as amended and, after adoption and approval as appropriate, the applicable guidelines, regulations, or master program. (Ord. 1630 § 1, 1996).
13.16.020 Substantial development – Requirement.
No substantial development shall be undertaken on the shorelines of the city without first obtaining a substantial development permit. A permit shall be granted:
A. Only when the proposed development is consistent with:
1. The policy of RCW 90.58.020, as amended, and
2. The guidelines and regulations of the Washington State Department of Ecology, hereinafter referred to as DOE, and
3. The most current adopted master program of the city approved by DOE adopted for the city by Resolution No. 376, passed November 20, 1973;
B. After the adoption or approval, as appropriate, by the DOE of an applicable master program, only when the proposed development is consistent with the applicable master program and the policy of RCW 90.58.020 as amended. (Ord. 1630 § 1, 1996).
13.16.030 Substantial development – Exemptions.
A substantial development permit shall not be required for the following:
A. Any project with a certification from the Governor pursuant to Chapter 80.50 RCW;
B. Any development on shorelines of the city included within a preliminary or final plat approved by the city prior to April 1, 1971, if:
1. The final plat was approved after April 13, 1961, or
2. The preliminary plat was approved after April 30, 1969, or
3. Sales of lots to purchasers with reference to the plat have been made.
Any person claiming exemption from the permit requirements of this chapter as a result of the exemptions described in this section may make an application to the director for such an exemption on forms and in the manner prescribed by the board. (Ord. 1630 § 1, 1996).
13.16.040 Substantial development – Application to development undertaken prior to June 1, 1971.
Substantial development undertaken on the shorelines of the city prior to June 1, 1971, and not completed on February 14, 1975, shall require a permit. (Ord. 1630 § 1, 1996).
13.16.050 Substantial development – Prohibitions.
A. No permit shall be issued for any new or expanded building or structure of more than 35 feet above average finish grade level on the water side on shorelines of the city that will obstruct the view of a substantial number of residences in adjoining areas unless there exists a master program which permits the same, and then such permits shall be granted only when overriding considerations of the public interest will be served.
B. No development shall be undertaken on the shorelines of the city except those which are consistent with the policies of the Shoreline Management Act of 1971 as amended and, after adoption or approval as appropriate, the applicable guidelines, regulations, or master program. (Ord. 1630 § 1, 1996).
13.16.060 Timber cutting – Requirement.
A timber cutting permit shall be required to cut timber situated within 200 feet abutting landward of the ordinary highwater mark within shorelines of statewide significance within the city. (Ord. 1630 § 1, 1996).
13.16.070 Timber cutting – Granting restrictions.
Timber cutting permits shall be granted only for selective commercial timber cutting, so that no more than 30 percent of the merchantable trees may be harvested in any 10-year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental; provided further, that clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this title may be permitted. (Ord. 1630 § 1, 1996).
13.16.080 Timber cutting – Time limits.
The following time requirements apply to all substantial development permits:
A. Construction or substantial progress toward construction of a project for which a permit has been granted pursuant to this title must be undertaken within two years after the approval of the permit by the director of the permit shall terminate. If such progress has not been made, a new permit will be necessary.
B. No permit authorizing construction shall extend for a term of more than five years. If a project for which a permit has been granted has not been completed within five years after the approval of the permit by the director, the director shall, at the expiration of the five-year period, review the permit, and upon a showing of good cause, extend the permit for one year; otherwise, the permit terminates; provided, that no permit shall be extended unless the applicant has requested such review and extension prior to the permit expiration date. (Ord. 1630 § 1, 1996).
13.16.090 Application – Notice – Responsibility.
See BMC Title 11. (Ord. 1630 § 1, 1996).
13.16.100 Application – Responsibility designated.
Applications for substantial development permits and timber cutting permits shall be filed with the director by the property owner, lessee, contract purchaser, other person entitled to possession of the property, or by an authorized agent. (Ord. 1630 § 1, 1996).
13.16.110 Application – Filing fee.
A filing fee shall be required in an amount as established by resolution of the city. (Ord. 1630 § 1, 1996).
13.16.120 Application – Substantial development – Form.
Applications for a substantial development permit shall be made in substantially the form prescribed by the director. Such forms will be supplied by the director. The application shall contain:
A. Name, address, telephone number of applicant;
B. Name, address, telephone number of property owner;
C. Legal description of property;
D. Common description of property;
E. Name of associated shoreline or wetland;
F. Detailed drawings or text sufficient to fully explain the intended project, which information must include:
1. Indication of size and placement of all structures including bulkheads,
2. Indication of size, grade, profile of all roads, or other vehicular passageways,
3. Indication of any and all water supplies, sewage disposal facilities, and solid-waste handling facilities,
4. Relation of all physical development to the associated shoreline or wetlands,
5. Scale drawings of all bridges or other structures to be built in, on or over streams, marshes, swamps, or lakes;
G. The intended starting and completion dates;
H. The reason, if any, why this project requires a shoreline location as opposed to a nonshoreline location;
I. If a variance is being requested, the application shall contain the applicant’s reasons why the variance should be granted;
J. If a conditional use is being requested, the application shall contain the applicant’s explanation of why the conditional use should be granted, including notation of any special features of the proposed project that supports the request. (Ord. 1630 § 1, 1996).
13.16.130 Timber cutting – Application – Form.
Application for a timber cutting permit shall be made in substantially the form prescribed by the director. Such forms will be supplied by the director. (Ord. 1630 § 1, 1996).
13.16.140 Application – Consideration.
The director shall consider applications and make recommendations regarding permits based on the policies contained in BMC 13.16.010 and 13.16.020. (Ord. 1630 § 1, 1996).
13.16.150 Application – Review.
The director shall review an application for a permit based on the following:
A. The application;
B. The environmental impact statement, if one has been prepared;
C. Written comments from interested persons;
D. Information and comment from city departments affected; and
E. Independent study of the director.
The director may require that an applicant furnish information in addition to the information required in the application forms prescribed. (Ord. 1630 § 1, 1996).
13.16.170 Decision.
The director shall disapprove or conditionally approve the substantial development or timber cutting permit application. (Ord. 1630 § 1, 1996).
13.16.180 Adherence to designated provisions – Proof.
The burden shall be on the applicant to prove that the proposed development is consistent with the criteria set forth in this chapter. (Ord. 1630 § 1, 1996).
13.16.190 Appeal – Procedures.
See BMC Title 11. (Ord. 1630 § 1, 1996).
13.16.210 Application, decision – Copies supplied to designated parties.
The director shall deliver to the following persons copies of the application and the disapproval or conditional approval of a substantial development permit or timber cutting permit application within five days of his final decision:
A. The applicant;
B. The DOE;
C. The Washington State Attorney General;
D. The planning commission;
E. Any person who has submitted to the director written comments on the application;
F. Any person who has written the director requesting notification;
G. The Bothell shorelines hearings board. (Ord. 1630 § 1, 1996).
13.16.220 Development – Initiation.
Development pursuant to a substantial development permit shall not begin and shall not be authorized until 45 days from the date the director files the approved substantial development permit with the department and Attorney General, or until all review proceedings initiated within 45 days of the date of such filing have been terminated. (Ord. 1630 § 1, 1996).
13.16.230 Conditions.
In granting or extending a permit, the director may attach thereto such conditions, modifications and restrictions regarding the location, character and other features of the proposed development as he finds necessary to make the permit compatible with the criteria set forth in BMC 13.16.140 through 13.16.190. Such conditions may include the requirement to post a performance bond, approved by the city attorney, assuring compliance with other permit requirements, terms and conditions. (Ord. 1630 § 1, 1996).
13.16.240 Issuance does not obviate other requirements.
Issuance of a substantial development permit or timber cutting permit does not obviate requirements for other federal, state and city permits, procedures and regulations. (Ord. 1630 § 1, 1996).
13.16.250 Form.
Substantial development or timber cutting permits issued by the city pursuant to the Shoreline Management Act of 1971, as amended, shall be in substantially the form prescribed by the director. Each permit must include a provision that construction or cutting pursuant to the permit will not begin and is not authorized until 45 days from the date of filing of the final order of the city with the DOE and Attorney General, or until all review proceedings initiated within 45 days from the date of such filing have been terminated. (Ord. 1630 § 1, 1996).
13.16.260 Rescission, modification – Cause.
Any permit granted pursuant to this title may be rescinded or modified upon a finding by the director that the permittee has not complied with the conditions of his permit. (Ord. 1630 § 1, 1996).
13.16.270 Rescission, modification – Initiation.
The administrator may initiate rescission and modification proceedings by serving written notice of noncompliance on the permittee. (Ord. 1630 § 1, 1996).
13.16.280 Rescission, modification – Hearing.
Before a permit can be rescinded or modified, a public hearing shall be held by the director no sooner than 10 days following the service of notice upon the permittee. The director shall have the power to prescribe rules and regulations for the conduct of such hearings. (Ord. 1630 § 1, 1996).