Chapter 7.04
ADMINISTRATIVE MECHANISMS
Sections:
7.04.010 Executive Director of Public Works Division.
7.04.040 Permit Review Committee and technical advisors.
7.04.000 Purpose.
(1) The purpose of this chapter is to define the general responsibilities of the Executive Director of Public Works Division, Planning Manager, Planning Department, Building Official, Permit Review Committee and Technical Advisors, Planning Commission, Board of Directors, and Hearing Examiner.
(2) This chapter is not intended to address the responsibilities of the Public Works Director, Building Official, or Board of Directors in areas outside of planning administration. [Res. 2023-382].
7.04.010 Executive Director of Public Works Division.
(1) The Executive Director of Public Works Division (“Executive Director” or “Director”) is charged with the duty of carrying out the provisions of the Tulalip Tribes Unified Development Code, including the power to delegate these duties to other employees of the Planning Department.
(2) The Executive Director will consider the recommendations of the Planning Department in order to make permit decisions, final determinations and interpretations, or recommendations to boards and commissions.
(3) General duties of the Executive Director, or his/her designee, include the following:
(a) Review permits and approve administrative decisions.
(i) Review all building permit and land use and development permit applications for compliance with the requirements of the Tulalip Comprehensive Plan and the terms of this title;
(ii) Issue a permit to any applicant whose proposed activities and uses meet the requirements of this title, and shall reject in writing any permit application that does not meet such requirements;
(iii) Require the applicant to provide such information as necessary to adequately review the permitted activities or uses for consistency with the goals, text, and policies of the Tulalip Comprehensive Plan and the provisions of this title;
(iv) Condition (including mitigation) or deny any permit based on significant adverse impacts to the natural or built environment, or to protect the health, safety, and welfare of the Tribal community;
(v) Require that a compliance inspection be conducted to ensure that such permitted uses and activities meet the requirements of the Tulalip Comprehensive Plan and this title.
(b) Enforce this title, pursuant to TTC 7.06.080, Enforcement, and 7.06.100, Fees, including assessing fines, civil action, and/or revocation of permits.
(c) Provide interpretations of this title.
(d) Grant cultural exemptions to the provisions of this code when strict adherence would interfere with Tribal traditions; and establish a fee for reviewing such request.
(e) Determine the permit type and review process for all permit applications. [Res. 2023-382].
7.04.020 Planning Department.
(1) Tulalip Tribes Planning Department (“Planning Department” or “staff”), under the leadership of the Planning Manager, shall implement this title.
(2) In addition to the other authority conferred by this title, the responsibilities and authority of the Planning Department shall include, but are not limited to, the following:
(a) Receive applications for permits and approvals required by this title.
(b) Review land use and development applications to determine consistency with the Tribal Comprehensive Plan and this title.
(c) Circulate applications to other Tribal offices and government agencies affected by the proposed action.
(d) Provide staff recommendation to responsible decision-making official(s) or Commissioners as to the consistency of the proposed action to the Comprehensive Plan, this title, and comments received.
(e) Require an applicant to submit such information as deemed necessary for the evaluation of all land use and development applications within the Tulalip Tribes Reservation.
(f) Give public notices required, as outlined in TTC 7.06.040, Permit type – Review procedures, and 7.06.050, Permit processing – Content requirements.
(g) Maintain files of all applications, permits, and decisions rendered by the Tulalip Tribes. [Res. 2023-382].
7.04.030 Building Official.
(1) The office of Building Official is hereby established to administer and enforce the building and construction codes under the general supervision of the Executive Director.
(2) The Building Official shall have the authority to interpret and enforce provisions of the Tulalip Tribes’ codified ordinances and the International Building Codes. [Res. 2023-382].
7.04.040 Permit Review Committee and technical advisors.
(1) Permit Review Committee. The Tulalip Tribes Permit Review Committee (PRC) is responsible for technical review and recommending approval, denial, or conditioning of resource and land use applications and development permits to the Executive Director.
(a) The purpose of the PRC is to provide review and make recommendations that balance Tribal values, beneficial functions, and economic prosperity with the health, welfare, and needs of current and future Tulalip Tribal members and Reservation residents.
(b) The role of the PRC review is to ensure proposed actions are consistent with this title, ordinances, policies, and regulations of the Tulalip Tribes and applicable Federal laws.
(c) Assessment of compliance and consistency is limited to any given PRC representative’s area of expertise and the Executive Director, Director, or Manager who must review of be notified of official comments submitted to the PRC.
(d) PRC shall consist of representatives from the following Tribal departments, divisions, or entities. Executive Directors, Directors, or Managers of the following are considered standing members of PRC and shall appoint at least one representative.
(i) Planning.
(ii) Natural Resources Environmental Division.
(iii) Housing.
(iv) Utilities.
(v) Transportation.
(vi) Leasing and Real Estate.
(vii) Tax and Licensing.
(viii) Quil Ceda Village.
(ix) Data Services and GIS.
(x) Natural Resources Forestry.
(xi) Cultural Resources.
(xii) Employee Rights Office.
(xiii) Police.
(e) The PRC meets upon request of the Executive Director to review applications. The Executive Director may assemble only those PRC members whose departments are impacted by the applications under review or whose expertise is needed to evaluate the applications.
(2) Technical Advisors. Technical advisors are responsible for technical review and to recommend approval, denial, or conditioning of certain land use applications and development permits to the Planning Manager or appointee.
(a) Technical advisors may include, but are not limited to, the following:
(i) Civil, structural, geotechnical, or transportation engineers;
(ii) Fire departments;
(iii) Natural resources scientists or managers;
(iv) Other Tulalip departments, organizations, or Quil Ceda Village or enterprises. [Res. 2023-382].
7.04.050 Planning Commission.
(1) The Tulalip Tribes Planning Commission (“Commission”) is charged with the duty of conducting hearings, evaluating testimony, and making decisions or recommendations regarding provisions of the Tulalip Tribes Unified Development Code.
(2) General duties of the Planning Commission include the following:
(a) Consider recommendations, make decisions, and make recommendations, and approve, deny, or condition any application according to the authority provided to them in TTC 7.06.040, Permit type – Review procedures.
(b) Make written findings of fact based upon the testimony and exhibits presented at the hearing and its own investigation of the issue under study.
(c) Appoint a Hearing Examiner, generally or for particular matters, as provided in TTC 7.04.070, Hearing Examiner.
(d) Make any decision concerning any matter within its authority based upon the record made before the Hearing Examiner, and the proposed findings, conclusions and decision made by the Hearing Examiner, without conducting a further hearing. At its option, the Planning Commission may also conduct a further hearing prior to deciding on any matter heard by an appointed Hearing Examiner.
(e) Initiating legislative actions as provided in Chapter 7.18 TTC, Legislative Actions.
(f) Carry out such other functions as are provided in and further the purposes of this title.
(g) Carry out other functions or duties as requested by the Board.
(3) Commission members shall each serve a term of three years.
(4) The Commission shall hold meetings as provided in their adopted bylaws.
(5) When the Board initiates a legislative action the matters shall be referred to the Planning Commission and considered and processed as provided in Chapter 7.18 TTC, Legislative Actions. [Res. 2023-382].
7.04.060 Board of Directors.
(1) The Board of Directors shall make the final decision on all recommendations from the Planning Commissions per TTC 7.06.040, Permit type – Review procedures.
(2) When it deems it to be in the public interest, the Board of Directors may initiate consideration of establishing or amending development regulations, the Comprehensive Plan, or other official controls per Chapter 7.18 TTC, Legislative Actions. [Res. 2023-382].
7.04.070 Hearing Examiner.
(1) The Hearing Examiner may be appointed by the Board of Directors or the Planning Commission to conduct any hearing required or allowed to be held by the Planning Commission on any matter within its authority, to take evidence at such hearing, and to propose findings of fact, conclusions of law and a decision to the Planning Commission for its consideration. [Res. 2023-382].