Chapter 18.100
TIME PERIOD FOR FINAL DECISION

Sections:

18.100.010    Notice of Final Decision.

18.100.020    Exclusion to Time Periods.

18.100.025    Shoreline Decisions.

18.100.030    Failure to Meet Time Periods.

18.100.010 Notice of Final Decision.

The Director or Examiner shall issue a notice of final decision on a permit within 120 days, of County review time, after the Department accepts a complete application as provided in PCC 18.40.020. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 96-19S § 1 (part), 1996)

18.100.020 Exclusions to Time Periods.

The 120-day time period established in PCC 18.100.010 above shall not apply in the following situations:

A.    Any period during which the applicant has been requested by the Department to correct plans, perform required studies, or provide additional information. This period of time shall be calculated from the date the Department or Examiner notifies the applicant of the need for additional information until the Department or Examiner notifies the applicant that the additional information satisfies the request or 14 days after the last required submittal of the information, whichever is earlier;

B.    Any period during which an EIS is being prepared in accordance with time periods set forth in Title 18D PCC, Development Regulations – Environmental, including any time period for appeal of an Administrative Official's Determination of Significance;

C.    Any period for appeals of administrative decisions, as set forth in Chapter 1.22 PCC;

D.    Any extension of time mutually agreed upon in writing between the applicant and the Department;

E.    If the permit requires approval of a New Fully Contained Community, Master Planned Resort, or Master Planned Community, (refer to PCC 18A.75.050, Planned Development District, for time limitations); or

F.    Any period during which a Landmark designation, street vacation, or other approval relating to the use of public areas or facilities is being considered.

(Ord. 96-19S § 1 (part), 1996)

18.100.025 Shoreline Decisions.

The County is required to send Shoreline decisions/approvals to the Department of Ecology (Ecology) as indicated in Table 18.100.025-1. For complete requirements, see Chapter 173-27 WAC.

A.    Notice of Shoreline Decision. Notice of shoreline decisions shall be provided as follows:

1.    Upon issuance, a copy of the decision shall be sent to:

a.    The applicant;

b.    Ecology, after the reconsideration and/or appeal periods have expired;

c.    Parties of record; and

d.    The Hearing Examiner, for shoreline revisions where the Examiner issued the original permit.

2.    The permit is effective immediately. However, it is subject to appeal pursuant to Chapter 1.22 PCC. Any use or development that commences prior to conclusion of the appeal period is at the applicant's own risk.

Table 18.100.025-1. Shoreline Decisions 

Permit/Approval Type

County Submittal to Ecology

Department of Ecology (Ecology) Action

State Shorelines Hearings Board (SHB) Appeals

Shoreline Minor Development Approval

•    Submittal to Ecology is optional except when Corps Section 404 and/or 10 permits are required

•    Submittal to Ecology shall occur at the end of County appeal period/process

•    Decision is final at the end of the County appeal process (see Chapter 1.22 PCC for appeals)

•    Reviews decisions

•    Does not approve/deny

•    Cannot overrule County

•    County decision cannot be appealed to SHB (see Chapter 461-08 WAC for SHB process)

Shoreline Substantial Development Permit

•    Submittal to Ecology shall occur at the end of County appeal process

•    Reviews decision

•    Does not approve/deny

•    Cannot overrule County

•    County decision can be appealed to SHB

•    21 day appeal period begins when Ecology receives County submittal

•    Decision is final at the end of the SHB appeal period

Permit Revision for Shoreline Substantial Development Permit

•    Submittal to Ecology may occur prior to the end of the County appeal process

•    Reviews decision

•    Does not approve/deny

•    Cannot overrule County

•    County decision can be appealed to SHB

•    21 day appeal period begins when Ecology receives County submittal

•    Decision is final at the end of the SHB appeal period

Shoreline Administrative Conditional Use, Shoreline Conditional Use, Shoreline Variance and Permit Revisions for the same

•    Submittal to Ecology shall occur at the end of County appeal process

•    30 day review period (15 days for Permit Revision) starts when Ecology receives County decision

•    Ecology can approve, condition, or deny

•    Ecology may overrule County decision

•    Ecology decision can be appealed to SHB

•    21 day appeal period begins when Ecology transmits its decision

•    Decision is final at the end of the SHB appeal period

(Ord. 2013-45s4 § 2 (part), 2015)

18.100.030 Failure to Meet Time Period.

If the Director or Examiner is unable to issue a notice of final decision within the 120 days, as prescribed in PCC 18.100.010 above, then a written notice of this fact shall be provided to the applicant together with a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. The Department and/or County shall not be liable for damages under this Section if the notice of final decision is not issued within 120 days. (Ord. 96-19S § 1 (part), 1996)