40.240.160    Decision of the Responsible Official (REPEALED)

A.    In making a decision on a proposed use or development the responsible official shall:

1.    Consult with the applicant and such agencies as the responsible official deems appropriate;

2.    Consider information submitted by the applicant and all other relevant information available;

3.    Consider all comments submitted pursuant to Section 40.240.140, and provide notice and consider the comments of the Forest Service and/or Columbia River Gorge Commission. The absence of timely comments of any parties provided notice shall not automatically preclude the responsible official from issuing a decision.

B.    The responsible official shall approve a proposed use or development only if it is consistent with the standards of this chapter and other applicable regulations. In approving a proposed development action, the responsible official may impose conditions as necessary to ensure consistency with this chapter.

C.    The responsible official shall issue a decision on a proposed use or development including findings of fact and conclusions of law and any conditions to ensure consistency with the standards of this chapter and other applicable regulations within the time frame pursuant to Sections 40.510.020(F) or 40.510.030(F) except in one (1) or more of the following situations:

1.    The applicant consents to an extension of time.

2.    The responsible official determines that additional information is required pursuant to Section 40.240.140.

3.    The responsible official determines that additional information is necessary to evaluate the impacts of the proposed use to scenic, cultural, natural, and recreation resources.

4.    Unforeseen circumstances including, but not limited to, weather, illness, etc.

D.    The responsible official shall mail a copy of the decision to the applicant, the Commission, the Forest Service, the applicable state, the Indian Tribes, the applicable county and/or city and each person who submitted comments under Section 40.240.140. The decision shall set forth the rights of appeal under Sections 40.510.020(H) or 40.510.030(H).

E.    The decision of the responsible official shall be final unless a notice of appeal is filed in accordance with this title.

F.    The decision of the responsible official approving a proposed development action shall become void:

1.    When the development action is not undertaken within two (2) years of the decision; or

2.    When the development action is discontinued for any reason for one (1) year or more.

G.    An applicant may request an extension of the validity of a development approval. Such request shall be considered an administrative action and shall be submitted to the responsible official prior to the expiration of such approval, in writing, stating the reason why an extension should be granted.

The responsible official may grant an extension of up to twelve (12) months in the validity of a development approval if it is determined that conditions, for which the applicant was not responsible, would prevent the applicant from commencing his operation within the original time limitation.

The responsible official shall not grant an extension if the site characteristics and/or new information indicates that the proposed use may adversely affect scenic, cultural, natural or recreation resources in the National Scenic Area.

The development approval timelines in this section shall take precedence over the development approval timelines in Section 40.500.010(B).