Chapter 20.16
SHORELINE DEVELOPMENT
Sections:
20.16.010 PERMIT - REQUIRED - CONDITIONS.
20.16.020 PERMIT - APPLICATION.
20.16.030 PERMIT - APPLICATION - NOTICE POSTING.
20.16.040 PERMIT - APPLICATION - NOTICE PUBLICATION AFFIDAVIT.
20.16.050 PERMIT - APPLICATION - NOTICE TRANSMISSION.
20.16.060 PERMIT - APPLICATION - ACTION.
20.16.070 PERMIT - RULING.
20.16.080 BURDEN OF PROOF.
20.16.090 WORK COMMENCEMENT.
20.16.100 APPLICATION FEES FOR SHORELINE VARIANCE PERMITS, CONDITIONAL USE PERMITS AND REVISIONS.
20.16.110 SHORELINE DECISIONS.
20.16.010 PERMIT - REQUIRED - CONDITIONS.
(a) No substantial development, as defined in the State Shoreline Management Act of 1971, shall be undertaken on the shorelines abutting upon or within the City limits without having first obtained a permit therefor from the City Council.
(b) Until such time as a master plan has become effective, no substantial development permit shall be granted unless the proposed development is consistent with:
(1) The policy set out in Section 2 of the Shoreline Management Act; and
(2) After their adoption, the guidelines and regulations of the Washington State Department of Ecology; and
(3) So far as can be ascertained, the master plan being developed within the City and the areas.
(c) After adoption by the Department of Ecology of the applicable master program, no substantial development permit shall be granted unless the proposed development is consistent with the applicable master program and the policy of Section 2 of the Shoreline Management Act. (Ord. 4950 §3 (part), 2005: Ord. 3015 §1, 1972)
20.16.020 PERMIT - APPLICATION.
Any person requesting a permit for substantial development upon the shorelines abutting or within the boundaries of the City shall file an application therefor with the Planning Department of the City. The application shall be made on forms prescribed by the Planning Department. Applications for substantial development permits shall be accompanied by an application fee as provided for by resolution of the City Council. The application shall contain the name and the mailing address of the applicant, the relation of the applicant to the property, the general location of the proposed project, the legal description of the project site, a statement concerning the intended use of the property, description of improvements currently on the property, an estimate of the total cost or fair market value of the project for which permit is requested, a vicinity land map and a site plan map. The vicinity land map shall indicate the relationship of the proposed development to adjacent land for at least four hundred (400) feet in all directions from the project site. The site plan map shall include: size and location of existing improvements which will be retained; existing utilities; ordinary high water mark and low water mark; beach type (sand, mud, gravel, etc.); size and location of proposed structures; width of setbacks and side yards; proposed fill area (state type, amount and treatment of fill); proposed utilities; proposed sewage disposal system; proposed parking areas and greenbelt areas. The application shall be dated and signed by the applicant. (Ord. 4950 §3 (part), 2005: Ord. 3688 §12, 1982; Ord. 3597 §8, 1980; Ord. 3015 §2, 1972)
20.16.030 PERMIT - APPLICATION - NOTICE POSTING.
Upon receipt of a proper application for a substantial development permit, the City Planner shall instruct the applicant to publish notices thereof at least once a week for two (2) consecutive weeks in a newspaper of general circulation within the City and Kitsap County. The notice shall include the name and address of the applicant, the general location of the proposed project, and the name of the adjacent water areas or wetlands. Said notice shall further include a statement that any person desiring to present his views to the City Council, with regard to said application, may do so in writing, addressed to the City Council, or that any person interested in the City Council’s action on an application for a permit may submit his views or notify the City Council of his interest within thirty (30) days of the last date of publication of notice. Such notification or submission of views to the City Council by an interested party or parties shall entitle said persons to a copy of the action taken on the application. (Ord. 4950 §3 (part), 2005: Ord. 3015 §3, 1972)
20.16.040 PERMIT - APPLICATION - NOTICE PUBLICATION AFFIDAVIT.
Upon publication of notice, the applicant shall file with the Planning Department of the City an affidavit of publication, which affidavit shall set out fully the language contained in the notice and the dates on which the notice was published. (Ord. 4950 §3 (part), 2005: Ord. 3015 §4, 1972)
20.16.050 PERMIT - APPLICATION - NOTICE TRANSMISSION.
Upon receipt by the Planning Department of an application, the Planning Department shall immediately send notice thereof, containing pertinent information, to the Directors of Fisheries, Game, Conservation, and Health. (Ord. 4950 §3 (part), 2005: Ord. 3015 §5, 1972)
20.16.060 PERMIT - APPLICATION - ACTION.
The City Council shall act upon the application not less than thirty (30) days, nor more than sixty (60) days after the last date of publication of notice. (Ord. 4950 §3 (part), 2005: Ord. 3015 §6, 1972)
20.16.070 PERMIT - RULING.
Any ruling on the permit for substantial development, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the Department of Ecology and the Washington State Attorney General, which notice shall be transmitted not less than five (5) days after the action has been taken. (Ord. 4950 §3 (part), 2005: Ord. 3015 §7, 1972)
20.16.080 BURDEN OF PROOF.
The applicants for the substantial development permits shall have the burden of proving that the proposed substantial development is consistent with the criteria as set out in the Shoreline Management Act of 1971. (Ord. 4950 §3 (part), 2005: Ord. 3015 §8, 1972)
20.16.090 WORK COMMENCEMENT.
In the event a permit is granted, construction pursuant to a permit shall not begin or be authorized until forty-five (45) days from the date of final approval by the City, or until all review proceedings have terminated, if such proceedings were initiated within forty-five (45) days from the date of final approval by the City. (Ord. 4950 §3 (part), 2005: Ord. 3015 §9, 1972)
20.16.100 APPLICATION FEES FOR SHORELINE VARIANCE PERMITS, CONDITIONAL USE PERMITS AND REVISIONS.
(a) Application for shoreline conditional use permits shall be accompanied by an application fee as provided for by resolution of the City Council. If the conditional use permit is sought in combination with a substantial development permit as required in Chapter 173-14 WAC, Ordinance 3015, and Bremerton’s Shoreline Management Master Program, the application fee shall be as provided for by resolution of the City Council.
(b) Application for shoreline variance permits shall be accompanied by an application fee as provided for by resolution of the City Council. If the variance permit is sought in conjunction with a substantial development permit or shoreline conditional use permit as required in Chapter 173-14 WAC and Ordinance 3015 and Bremerton’s Shoreline Management Master Program, the application fee shall be as provided for by resolution of the City Council.
(c) Applications for revisions to any shoreline substantial development, conditional use or variance permits shall be accompanied by an application fee as provided for by resolution of the City Council. (Ord. 4950 §3 (part), 2005: Ord. 3688 §13, 1982; Ord. 3597 §9, 1980)
20.16.110 SHORELINE DECISIONS.
(a) Actions. The following are subject to the requirements of Bremerton’s Shoreline Master Program but shall be decided within one hundred twenty (120) days. Recommendations and hearings shall be conducted as described in Table 040 in Chapter 20.02 BMC.
(1) Shoreline substantial development permit;
(2) Shoreline conditional use permit;
(3) Shoreline variance;
(4) Shoreline permit revisions;
(5) Shoreline Master Program amendments.
(b) Decision Format. The decision format is completion of a prepared form or statement of findings, conclusions and the decision of the approving body. Adoption of and amendments to the Shoreline Master Program shall be made by ordinance.
(c) Final Decisions.
(1) Substantial development permits and amendments to existing permits are decided administratively, in the same manner as other Type II permits.
(2) Conditional use permits and variances are decided by the Administrative Hearing Examiner and may be approved, rejected, or modified by the Department of Ecology. A neighborhood meeting or study session is optional.
(3) All shoreline permit decisions must be submitted simultaneously to the applicant, the Department of Ecology (DOE), and to the Attorney General. DOE may approve or disapprove the permit.
(4) Shoreline Master Program amendments are decided by the City Council and may be approved, rejected, or modified by the Department of Ecology.
(d) Appeals. An appeal of the local shoreline permit decision may be filed with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC as provided herein, with a second appeal to the Shoreline Hearings Board (SHB), or may be filed directly with the SHB.
(1) Decisions on substantial development permits may be appealed to the Administrative Hearing Examiner within fourteen (14) calendar days of the date of the decision, and considered in an open-record appeal hearing; or
(2) Those decisions listed in subsection (d)(1) of this section or the Administrative Hearing Examiner decisions on appeals of earlier decisions may be appealed to the Shoreline Hearings Board by filing a petition for review within twenty-one (21) calendar days of the date of the Department of Ecology’s review and decision.
(3) The decision of the Department of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Hearing Board per RCW 36.70A.250 through 36.70A.320.
(4) Appeals to the Hearing Examiner shall be decided within thirty (30) calendar days of the filing date. Appeals to the Shoreline Hearings Board will be decided within one hundred eighty (180) calendar days. (Ord. 4950 §3 (part), 2005: Ord. 4804, Amended, 06/08/2002; Ord. 4798, Amended, 05/10/2002)