Chapter 10
Administration & Permit Procedures
SECTIONS:
10.2 Procedures for Processing Shoreline Permits
10.4 Minor Shoreline Substantial Development Permits (Type II)
10.5 Shoreline Substantial Development Permits (Type III)
10.8 Table of Permits and Procedures
10.9 Permit Application – Forms and Contents
10.13 Decision Maker Approval Criteria
10.14 Administrative Authority and Responsibility
10.1 Introduction
This chapter establishes an administrative system to assign responsibilities for review of shoreline development permits, to prescribe the processes by which all shoreline permit applications shall be reviewed, public notice provided, and to ensure that all such shoreline permit applications are dealt with in a predictable and equitable manner.
This chapter establishes administrative permit processes for “minor” Conditional Use Permits, “minor” Variances and “minor” Substantial Development Permits. These administrative permit processes provide for public notice and an administrative decision that may be appealed to the City Hearing Examiner.
Multiple Shoreline Permits. This Shoreline Master Program establishes use regulations (permitted, conditionally permitted, and prohibited uses); permit procedures for various levels of development (permit exemptions, Minor Substantial Development Permits, and Substantial Development Permits), and procedures for variances. In circumstances where both a Conditional Use Permit (minor or full) and a Substantial Development Permit (minor or full) are both required, the applicant shall submit both permits requests simultaneously. Requests for variances (minor or full) shall also be processed simultaneously with other shoreline permits.
10.2 Procedures for Processing Shoreline Permits
10.2.1 Forms
Applications for such permits shall be made on forms provided by the Shoreline Administrator and accompanying material as required by Chapter 20.01 PTMC.
10.2.2 Shoreline Administrator
The Director of the Development Services Department, or his/her designee, shall serve as the Shoreline Administrator. The Shoreline Administrator shall determine the proper procedure for all shoreline permit applications. If there is a question as to the appropriate type of procedure, the Shoreline Administrator shall resolve it in favor of the higher procedure type number.
10.2.3 Development Permits
Activities proposed within the shoreline jurisdiction that fall within the definition of “development” must obtain a Letter of Exemption, a Minor Shoreline Substantial Development Permit, or a Substantial Development Permit. All permit applications to conduct development proposals within shoreline jurisdiction shall be processed according to the procedures of Port Townsend Municipal Code (PTMC) 20.01 Land and Shoreline Development Administrative Procedures. See table 10.8-1 below for summary of permits and procedures.
10.3 Shoreline Exemptions (Type I-A)
10.3.1 Regulated Development Activities
For list of Shoreline exemptions contained in Chapter 2., Section 2.4.
10.3.2 Process
Shoreline exemptions shall be processed as a Type I-A administrative permit application without public notice or comment pursuant to PTMC Chapter 20.01. The decision maker shall be the Shoreline Administrator and administrative appeals heard by the Port Townsend Hearing Examiner.
10.4 Minor Shoreline Substantial Development Permits (Type II)
10.4.1 Regulated Development Activities
Development activities that meet one or more of the following criteria shall be processed as a Minor Shoreline Substantial Development Permit:
a. Remodel, rehabilitation, or other development activities that significantly alter the exterior of an existing building (e.g. adding a fire escape ladder to the exterior of a multi-story structure). Minor modifications to the building such as changes in window or door openings, replacement of roofing material or siding may be processed as a shoreline exemption;
b. Expansions of existing buildings that do not exceed a total of 1,000 square feet, will not exceed one-story in height, and will not increase the height of an existing roof;
c. Temporary buildings or other activities that do not qualify as an exemption because they may have a temporary adverse impact on public views or access;
d. Public access and other associated amenities (such as trails, signage, benches, educational, or recreational facilities) that are located landward of the ordinary high water mark and the fair market value does not exceed $50,000;
e. Underground utility improvements, including utility extensions, within an existing right-of-way; and
f. Minor artwork as defined by this Master Program.
10.4.2 Process
Minor Substantial Development Permits will be processed as a Type II administrative permit application with public notice and comment pursuant to PTMC Chapter 20.01. The decision maker shall be the Shoreline Administrator and administrative appeals heard by the Port Townsend Hearing Examiner.
10.5 Shoreline Substantial Development Permits (Type III)
10.5.1 Regulated Development Activities
Development activities that meet one or more of the following criteria shall be processed as a shoreline Substantial Development Permit:
a. Development activities that do not qualify for either a shoreline Letter of Exemption or a Minor Substantial Development Permit;
b. The construction of overwater structures or improvements waterward of the OHWM;
c. Other development activities of a temporary or permanent nature that are determined by the shoreline administrator to have a probable detrimental impact to public access or public views of the shoreline.
10.5.2 Process
Shoreline Substantial Development Permits will be processed as a Type III permit applications subject to public notice, comment, and a public hearing pursuant to PTMC Chapter 20.01. The decision maker shall be the Hearing Examiner and administrative appeals heard by the City Council.
10.6 Conditional Use Permits
10.6.1 Purpose
The purpose of a Conditional Use Permit is to allow flexibility in varying the application of the use regulations of the Master Program in a manner consistent with the policies of RCW 90.58.020; provided that Conditional Use Permits should also be granted in a circumstance where denial of the permit would result in a thwarting of State policy enumerated in RCW 90.58.020. In authorizing a Conditional Use special conditions may be attached to the permit by the City of Port Townsend or by the Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Act and this Master Program.
10.6.2 Uses Eligible for Conditional Use Approval
Uses that are classified by either Table 5.14-1 or Chapter 8, as conditional uses shall obtain a minor or full Conditional Use Permit.
Uses that are not classified in Chapter 5 or Chapter 8 may be authorized as Conditional Uses provided the applicant can demonstrate compliance with the criteria listed below and all other applicable policies and regulations of this Master Program.
Uses that are specifically prohibited by the Master Program may not be authorized by a Conditional Use Permit.
10.6.3 Minor Shoreline Conditional Use Permits (Type II)
Description
Uses that are classified as a conditional use by the Shoreline Master Program, shall be processed as a minor conditional use if one or more of the following criteria are met:
Process
a. The use will occur entirely within an existing building and involves no changes to the exterior.
b. The use will be associated with development activities that require either a Letter of Exemption or a Minor Substantial Development Permit.
c. The use does not involve any development activities but is classified as a Conditional Use by this Master Program.
Minor Conditional Use Permits will be processed as a Type II administrative permit applications with public notice and comment pursuant to PTMC Chapter 20.01. Minor Conditional Use Permits shall meet the approval criteria listed in Section 10.6.5 below. The decision maker shall be the Shoreline Administrator and administrative appeals heard by the Port Townsend Hearing Examiner.
10.6.4 Shoreline Conditional Use Permits (Type III)
Description
Uses that are classified as a conditional use by the Shoreline Master Program, shall be processed as shoreline conditional uses if the proposed use or development exceeds the criteria established for minor shoreline conditional uses or requires a shoreline Substantial Development Permit.
Process
Shoreline Conditional Use Permits will be processed as Type III permit applications subject to public notice, comment, and a public hearing pursuant to PTMC Chapter 20.01. Conditional Use Permits shall meet the approval criteria listed in section 10.6.5 below. The decision maker shall be the Hearing Examiner and administrative appeals will be heard by the City Council.
10.6.5 Criteria for Granting Shoreline Conditional Use Permits
Uses classified as conditional uses may be authorized provided that the applicant can demonstrate all of the following:
a. That the proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Master Program;
b. That the proposed use will not interfere with the normal public use of public shorelines;
c. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the comprehensive plan;
d. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and
e. That the public interest will suffer no substantial detrimental effect.
f. That the decision maker has given consideration to the cumulative impact of additional requests for like actions in the area. For example, if Conditional Use Permits were granted for other developments in the area where similar circumstances exist, the total impacts from the Conditional Uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
10.6.6 Filing Conditional Use Permits with the Department of Ecology - Review of Conditional Use Permits
After the decision maker has made a final decision on a Conditional Use Permit application, the Administrator shall file the Permit with the Department of Ecology for its approval, approval with conditions, or denial. A permit data sheet in the form provided under WAC 173-27-990 (Appendix H) shall be submitted to the Department of Ecology with each Conditional Use Permit. The Department of Ecology will issue its decision on a Conditional Use Permit within thirty (30) days of filing.
Filing is not complete until all the required documents have been received by the Department of Ecology and the Attorney General.
Upon receipt of the Department of Ecology’s decision, the Administrator shall notify those interested persons who requested notification of such decision.
Development authorized by a Conditional Use Permit shall not begin until twenty-one (21) days from the date the Department of Ecology renders a decision on the Conditional Use Permit and transmits that decision to the Administrator (date of filing). The Department of Ecology shall notify the Administrator of the date of filing on an individual Conditional Use Permit. In the event of an appeal refer to the provisions of RCW 90.58.140 for when construction work may begin.
10.7 Variances
10.7.1 Purpose
Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances exist and that the public interest shall suffer no substantial detrimental effect as a result of granting the variance. The purpose of a Variance Permit is strictly limited to granting relief to specific bulk, dimensional, or performance standards set forth in the Master Program. A variance may also be appropriate where there are extraordinary circumstances relating to the physical property or configuration of property such that the strict implementation of the Master Program would impose unnecessary hardships on the applicant, including but not limited to denying all reasonable use of a property. When located within shorelines jurisdiction, reasonable use exceptions pursuant to 19.05.050(D) shall be processed as a shoreline variance.
10.7.2 Minor Shoreline Variances (Type II)
Description
Minor variances are those variances which request an expansion of an existing building which would extend no more than 10 percent beyond the setback, height, bulk and/or dimensional requirements established in this master program and would not expand the footprint of an over-water structure. Use variances are prohibited
Process
Minor shoreline Variance Permits will be processed as a Type II administrative permit application with public notice and comment pursuant to PTMC Chapter 20.01. The decision maker shall be the Shoreline Administrator and administrative appeals will be heard by the Port Townsend Hearing Examiner.
10.7.3 Shoreline Variances (Type III)
Description
Variances are requests to adjust the applicable setback and/or bulk and dimensional requirements established by this Shoreline Master Program that exceed 10%. Use variances are prohibited.
Process
Shoreline Variance Permits will be processed as a Type III permit applications subject to public notice, comment, and a public hearing pursuant to PTMC Chapter 20.01. The decision maker shall be the Hearing Examiner and administrative appeals will be heard by the City Council. All variance requests that exceed the criteria for “minor variances” shall be processed as a Type III variance.
Application
Development proposals that request a modification of applicable setbacks, bulk, height, or dimensional standards shall be processed as Minor or full Variances. Minor and full Variance Permit applications shall be processed according to the procedures of Port Townsend Municipal Code (PTMC) 20.01 Land and Shoreline Development Administrative Procedures. See table 10.8-1 below for summary of permits and procedures. Pursuant to the procedures contained in PTMC 20.01, shoreline development approvals shall be classified as follows:
a. An application for a shoreline Variance shall be submitted on a form provided by the Administrator and accompanying material as required by Chapter 20.01 PTMC;
b. An applicant for a Substantial Development Permit who wishes to request a Variance shall submit the Variance application and the Permit simultaneously.
10.7.4 Variance Approval Criteria
The following criteria shall be used in evaluating variance applications:
1. Criteria for Granting Upland Variances. Variance Permits for development that will be located landward of the ordinary high water mark, except those areas designated by the Department of Ecology as marshes, bogs, or swamps (wetlands) pursuant to WAC 173-22, may be authorized provided the applicant can demonstrate all of the following:
a. That the strict requirements of the bulk, dimensional, or performance standards set forth in the Master Program preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by the Master Program;
b. That the hardship described in subsection (a) above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the Master Program, and not, for example, from deed restrictions or the applicant’s own actions;
c. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment;
d. That the Variance requested will not constitute a grant of special privilege not enjoyed by the other properties in the area;
e. That the variance requested is the minimum necessary to afford relief; and
f. That the public interest will suffer no substantial detrimental effect.
2. Criteria for Granting Variances Waterward of Ordinary High Water. Variance Permits for development that will be located either waterward of the ordinary high water mark (OHWM) or within marshes, bogs, or swamps as designated in WAC 173-22, may be authorized provided the applicant can demonstrate all the criteria stated above as well as the following:
a. That the public rights of navigation and use of the shorelines will not be adversely affected by granting the Variance;
b. That the strict application of the bulk, dimensional or performance standards set forth in the Shoreline Master Program precludes all reasonable use of the property;
c. That the proposal is consistent with the criteria established under subsection 1.b. through 1.f. of this section; and
d. That the decision maker has given consideration of the cumulative impact of additional requests for like actions in the area. For example, if Variances were granted to other developments in the area where similar circumstances exist, the total impacts from the Variances shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
3. Variances from the use regulations of the Master Program are prohibited. However, a request for an unclassified use may be authorized as a Conditional Use (See Section 10.6 Conditional Use Permits).
10.7.5 Filing Variance Permits with the Department of Ecology - Review of Variance Permits
After the decision maker has made a final decision on a Variance Permit application, the Administrator shall file the Permit with the Department of Ecology for its approval, approval with conditions, or denial. A permit data sheet in the form provided by WAC 173-27-990 (Appendix H) shall be submitted to the Department of Ecology with each Variance Permit.
The Department of Ecology will issue its decision on a Variance Permit within thirty (30) days of filing. Filing is not complete until all the required documents have been received by the Department of Ecology and the Attorney General.
Upon receipt of the Department of Ecology’s decision, the Administrator shall notify those interested persons who requested notification of such decision.
Development authorized by a Variance Permit shall not begin until twenty-one (21) days from the date of filing (the date the Department of Ecology renders a decision on the Variance Permit and transmits that decision to the Administrator). The Department of Ecology shall notify the Administrator of the date of filing on an individual Variance Permit. In the event of an appeal refer to the provisions of RCW 90.58.140 for when construction work may begin.
10.8-1 Table of Permits and Procedures
Table 10.8-1 below classifies shoreline development permits by procedure type, decision maker, and type of public notice.
|
Permit Application |
Type |
Decision maker |
Public Notice |
Notes |
|---|---|---|---|---|
|
Shoreline Exemptions |
Type I-A |
Shoreline Administrator |
N/A |
List of Shoreline exemptions contained in Chapter 2., section 2.4. |
|
Minor Shoreline Substantial Development Permits |
Type II |
Shoreline Administrator |
a. Mailed notice to property owners w/in 300 ft. b. Notice posted on-site c. Published Notice |
See Section 10.4 for definition and approval criteria. |
|
Shoreline Substantial Development Permits |
Type III |
Hearing Examiner |
a. Mailed to property owners w/in 300 ft. b. Posted on-site c. Published notice |
See Section 10.5 for definition and approval criteria. |
|
Minor Conditional Use Permits |
Type II |
Shoreline Administrator Ecology |
a. Mailed notice to property owners w/in 300 ft. b. Notice posted on-site c. Published Notice |
See Section 10.6.3 for definition and approval criteria. After local government approval, the permit is submitted to the Department of Ecology for the department’s approval, approval with conditions, or denial WAC 173-27-110 |
|
Conditional Use Permits |
Type III |
Hearing Examiner Ecology |
a. Mailed to property owners w/in 300 ft. b. Posted on-site c. Published notice |
See Section 10.6.4 for definition and approval criteria. After local government approval, the permit is submitted to the Department of Ecology for the department’s approval, approval with conditions, or denial WAC 173-27-110 |
|
Minor Variances |
Type II |
Shoreline Administrator Ecology |
a. Mailed notice to property owners w/in 300 ft. b. Notice posted on-site c. Published Notice |
See Section 10.7.2 for definition and approval criteria. After local government approval, the permit is submitted to the Department of Ecology for the department’s approval, approval with conditions, or denial WAC 173-27-110. |
|
Variances |
Type III |
Hearing Examiner Ecology |
a. Mailed to property owners w/in 300 ft. b. Posted on-site c. Published notice |
See Section 10.7.3 for definition and approval criteria. After local government approval, the permit is submitted to the Department of Ecology for the department’s approval, approval with conditions, or denial WAC 173-27-110. |
Summary of Decision Making:
Type IA – Administrative without notice, Administrative appeal by the applicant only; appealable to the hearing examiner.
Type II – Administrative with notice, appealable by any aggrieved party to the hearing examiner.
Type III – Hearing Examiner Review. Notice and open record public hearing before the hearing examiner. Hearing examiner makes the final decision subject to a right of appeal held before the city council.
10.9 Permit Application – Forms and Contents
10.9.1 Forms
The Shoreline Administrator shall provide the necessary application forms for Permit Exemptions, Substantial Development Permits, Shoreline Conditional Use Permits, Shoreline Variance Permits, JARPA (Joint Aquatic Resource Protection Application), and Master Land Use Application.
10.9.2 Contents
A complete application for a Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance Permit shall, at a minimum, contain the following information, as required under §173-27-180 WAC:
a. The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent.
b. The name, address and phone number of the applicant’s representative if other than the applicant.
c. The name, address and phone number of the property owner, if other than the applicant.
d. Location of the property. This shall, at a minimum, include the property address and parcel number. All applications for projects located in open water areas away from land shall provide a longitude and latitude location.
e. Identification of the name of the shoreline (water body) that the site of the proposal is associated with.
f. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project.
g. A general description of the property as it now exists including its physical characteristics and improvements and structures.
h. A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics.
i. A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include:
i. The boundary of the parcel(s) of land upon which the development is proposed;
ii. The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location except that, when a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to nor within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline;
iii. Existing and proposed land contours. The contours of areas proposed to be modified shall be at intervals of not less than 2 feet. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area;
iv. A delineation of all wetland areas that will be altered or used as a part of the development, if applicable;
v. A general indication of the character of vegetation found on the site;
vi. The dimensions and locations of all existing and proposed structures and improvements including but not limited to: buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities;
vii. Where applicable, a landscaping plan for the project;
viii. Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section;
ix. Quantity, source and composition of any fill material that is placed on the site, whether temporary or permanent;
x. Quantity, composition and destination of any excavated or dredged material;
xi. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties;
xii. Where applicable, a depiction of the impacts on views from existing residential uses and public areas;
xiii. On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses;
xiv. Any other supplemental information, studies or reports deemed necessary by the Shoreline Administrator;
xv. Additional information as specified by PTMC 20.01.100 Development permit application; and
xvi. Information necessary to address applicable approval criteria for Conditional Use Permits and variances established in this Chapter.
10.9.3 Complete Application
Complete application and documents for all Shoreline Permits shall be submitted to the Administrator for processing and review. The application will be reviewed for completeness and a determination of completeness made in accordance with Chapter 20.01 PTMC.
10.10 Public Notice
Public Notice will be provided consistent with PTMC Chapter 20.01; including section 20.01.170 Shoreline Master Program (SMP) Permits.
10.11 Multiple Permits
Requests for multiple shoreline permits required for a single project shall be processed simultaneously.
10.12 SEPA review.
Project review conducted pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall occur concurrently with project review set forth in this Master Program and PTMC Chapter 20.01. The SEPA review processes, including all public comment procedures is set forth in Chapter 19.04 PTMC.
10.13 Decision Maker Approval Criteria
10.13.1 Decision Maker Review Criteria
The decision maker shall review the application and related information and make a decision to approve, approve with condition, or deny the application for a Substantial Development Permit, Conditional Use, or Variance. No Permit shall be granted unless the proposed development is consistent with the provisions of this Master Program, the Shoreline Management Act of 1971, and the rules and regulations adopted by the Department of Ecology thereunder.
10.13.2 Burden of Proof on Applicant.
The applicant must prove that the proposed substantial development is consistent with the criteria before a Permit is granted.
10.13.3 Conditional Approval
Should the decision maker find that any application does not substantially comply with criteria imposed by the Master Program and the Shoreline Management Act of 1971, such application may be denied or made subject to any terms or conditions that are deemed suitable and reasonable to affect the purpose and objective of this Master Program.
10.13.4 Bonds
The decision maker may require the applicant to post a bond in favor of the City of Port Townsend to assure full compliance with any terms and conditions imposed by the decision maker on any Substantial Development Permit, Variance, or Conditional Use Permit. Said bond sha11 be in an amount to reasonably assure the City that any deferred improvement wi11 be carried out within the time stipulated.
10.13.5 Final Decisions
Within five (5) days of the decision, the Administrator shall mail or hand deliver a copy of the final decision to the following:
a. The applicant;
b. The Department of Ecology;
c. Any persons who have filed a written request for a copy of the decision; and
d. All persons who submitted substantive written comments on the application.
The notice of final decision shall include findings and conclusions, and a statement of the SEPA threshold determination and the procedures for an appeal (if any) of the permit decision or recommendation. For filing with the Department of Ecology, please reference WAC 173-27-130 for complete submittal requirements. If the City is unable to issue its final decision within the applicable time limits, the Administrator shall provide Notice of Delayed Decision per Chapter 20.01.280 PTMC.
10.14 Administrative Authority and Responsibility
10.14.1 Shoreline Administrator.
The Shoreline Administrator is vested with the following authority and responsibility:
a. Overall administrative responsibility for this Master Program;
b. Authority to grant written Permit Exemptions from shoreline Substantial Development Permit requirements of this Master Program;
c. Authority to issue written Minor (administrative) shoreline Substantial Development Permits, Minor Conditional Use Permits, and Minor Variances subject to the procedures of this chapter;
d. Authority to recommend to the Hearing Examiner approval, approval with conditions, or denial of applications for shoreline Substantial Development Permits and Permit Revisions in accordance with the policies and regulations of this Master Program and the provisions of Chapter 20.01 PTMC;
e. Advising interested citizens and project proponents of the goals, policies, regulations and procedures of this Master Program; and
f. Making administrative decisions and interpretations of the policies and regulations of this Master Program and the Shoreline Management Act (the "Act").
10.14.2 Hearing Examiner
The Hearing Examiner is vested with the following authority:
a. Authority to approve, approve with conditions, or deny (type III) Shoreline Substantial Development Permits, Variance Permits, and Conditional Use Permits after considering the findings and recommendations of the Shoreline Administrator at an open record public hearing; PROVIDED that any decisions made by the Hearing Examiner may be further appealed to Port Townsend City Council for an administrative closed record public hearing;
b. Authority to decide local administrative appeals of the Shoreline Administrator’s issuance of shoreline exemptions; administrative shoreline Substantial Development Permits, conditional uses, and variances, and administrative interpretations, as provided in this Chapter and Chapter 20.01 of the Port Townsend Municipal Code; and
c. In preparing determinations, the Hearing Examiner shall base all decisions on shoreline permits or administrative appeals on the criteria established in this Master Program;
10.14.3 City Council
a. The Port Townsend City Council is vested with the authority to approve any revisions or amendments to this Master Program in accordance with the applicable requirements of the Act and the Washington Administrative Code. (Ord. 3062 § 2, 2011).
b. Amendments to the Shoreline Master Program shall be consistent. with the procedures for Type V legislative amendments per PTMC 20.01. To become effective any amendment to this Master Program must be reviewed and adopted by the Department of Ecology pursuant to § 90.58.190 RCW and Chapter 173-26 WAC.
10.15 Appeals
|
10.15.1 |
Appeals of a final decision of the city of Port Townsend or the Department of Ecology shall be filed within 21 days of the date of filing of the final permit and shall be heard by the Shorelines Hearings Board pursuant to the procedures and timelines of RCW 90.58.180. (Ord. 3062 § 2, 2011). |
10.16 Application Fees
|
10.16.1 |
A filing fee in an amount established in Chapter 20.09 PTMC shall be paid to the City of Port Townsend at the time of application. |
|
10.16.2 |
Fees for permits obtained after development activities have begun shall be as specified by Section 12.6, of Chapter 12 - Enforcement and Penalties. |
10.17 Duration of Permits
The City of Port Townsend may issue shoreline permits with termination dates of up to five years. If a shoreline permit does not specify a termination date, the following requirements apply, consistent with WAC 173-27, however, upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the master program and this chapter, the decision maker may adopt different time limits from those set forth in subsections (10.17.1) and (10.17.3) of this section as a part of action on a substantial development permit. (Ord. 3062 § 1, 2011).
10.17.1 Time Limit for Substantial Progress
Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of the shoreline permit. Pursuant to WAC 173-27-090(4) the permit time periods do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals. (Ord. 3062 § 1, 2011).
10.17.2 Permit Extension
The City may, at its discretion, with prior notice to parties of record and the Department of Ecology, authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date. (Ord. 3062 § 1, 2011).
10.17.3 Five-Year Permit Authorization
If construction has not been completed within five (5) years of approval by the City of Port Townsend, the City will review the Permit and, upon showing of good cause, either extend the Permit for one additional year, or terminate the Permit. Prior to the City authorizing any Permit extensions, it shall notify any parties of record and the Department of Ecology. Note: Only one single extension is permitted. Pursuant to WAC 173-27-090(4) the permit time periods do not-include the time during which a use or activity was not actually pursued due to pendency of administrative appeals or legal action or due to the need to obtain any other government permits and approvals. (Ord. 3062 § 1, 2011).
10.18 Permit Revisions
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10.18.1 |
When an applicant proposes substantive changes to the design, terms, or conditions of an approved permit, the applicant must submit a request for permit revision. Changes are "substantive" if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this Master Program, or the Act. Changes, which the Administrator determines are not substantive, do not require approval of a revision. |
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10.18.2 |
When a permit revision is required, the applicant shall submit detailed plans and text describing the proposed changes. If the Administrator determines that the revisions proposed are within the scope and intent of the original permit, consistent with WAC 173-27, the Administrator may approve the revision. "Within the scope and intent of the original Permit" means all of the following: |
a. No additional over-water construction is involved, except that pier, dock, or float construction may be increased by five hundred (500) square feet or ten percent (10%), whichever is less;
b. Ground area coverage and height is not increased more than ten percent (10%);
c. The revision does not authorize development to exceed height, setback, lot coverage, or any other requirement of the City of Port Townsend Shoreline Master Program. Exceeding these standards requires approval of a variance;
d. Additional or revised landscaping is consistent with any conditions attached to the original permit and this Master Program;
e. The use authorized by original permit is not changed; and
f. No net loss of shoreline ecological functions will still be achieved with the project revision.
g. If the sum of the proposed revision and any previously approved revisions do not meet the criteria above, an application for a new Shoreline Permit must be submitted. If the revision involves a Conditional Use or Variance, which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology (see WAC 173-27).
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10.18.3 |
Notice of revisions and decisions. Parties of record shall be provided notice of any proposed revision as well as the final decision on any revision application. |
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10.18.4 |
Appeals. The City of Port Townsend or the Department of Ecology decision on permit revisions may be appealed within twenty-one (21) days of such decision, in accordance with RCW 90.58.180. |
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10.18.5 |
Revised permits are effective immediately upon final decision of the Administrator and/or the Department of Ecology. Construction allowed by the revised Permit, that is not authorized under the original Permit, is undertaken at the applicant’s own risk until the expiration of the appeals deadline. |