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ORD 74-26 PERMIT ENFORCEMENTCITY OF WINSLOW ORDINANCE NO. 74-26 CITY OF POULSBO ORDINANCE NO. 74-29 AN ORDINANCE ESTABLISHING A PROGRAM FOR THE ADMINISTRATION AND ENFORCEMENT OF A PERMIT SYSTEM PURSUANT TO THE REQUIRE- MENTS OF THE SHORELINES MANAGEMENT ACT OF 1971 FOR PERMITS TO BE ISSUED BY THE CITY OF WINSLOW OR THE CITY OF POULSBO AND PROVIDING FOR ENFORCEMENT THEREOF The City Councils of the Cities of Winslow and Poulsbo do ordain as follows: SECTION 1. DEFINITIONS. A. "City" means either the City of Winslow, if the action is to occur in the jurisdiction of the City of Winslow, or the City of Poulsbo if the action is to occur within the jurisdiction of the City of Poulsbo. B. "Person" means an individual, partnership, corporation, association, organization, cooperative, public or muni- cipal corporation, or agency of the State or any local governmental unit however designated. C. "Planning Commission" means the Winslow Planning Com- mission if the action is within the jurisdiction of the City of Winslow, or the Poulsbo Planning Commission if the action is within the jurisdiction of the City of Poulsbo. D. "Shorelinesr' and "Shorelines of State Wide Signifi- cance" means those shorelines as defined in RCW 90. 58.030 (d) (e) as amended. E. "Substantial Development" is a development as defined in RCW 90.58,030 (17). F. "Substantial Development Permit" means the Shoreline Management substantial development permit provided for in Section 14 of the Shoreline Management Act of 1971 (RCW 90.58.140). G. "Timber Cutting Permit" is a permit required in order to cut timber situated within 200 feet abutting land- ward of the ordinary high water mark within Shorelines of state wide significance within the City. H. "Policy" is the policy of the City to comply to the fullest extent possible with the policies and pro- cedures established by the Shoreline Management Act of 1971 and if any conflict exists between this ordi- nance and the Shoreline Management Act of 1971, the latter provision shall control and the provisions of said Act applicable to the City are hereby incorpor- ated by reference. I. D.O.E. is the State of Washington, Department of Ecology. SECTION 2. PERMITS REQUIRED FOR SUBSTANTIAL DEVELOPMENT. 1. No development shall be undertaken on the shorelines of the City except those which are consistent with the policy of the Shorelines Management Act of 1971 and, after adoption and approval as appropriate, the applicable guidelines, regu- lations or master program. 2. No substantial development shall be undertaken on the shorelines of the City without first obtaining a substantial development permit from the City. A permit shall be granted: (a) from the effective date of this ordinance until such time as applicable master program has become effec- tive, only when the proposed development is consistent with (i) the policy of Section 2 of the Shoreline Management Act of 1971; and (ii) after their adoption, the guidelines and regulations of the Department of Ecology; and (iii) so far as that can be ascertained, the master program being developed by the City. 'or- (b) after adoption or approval, as appropriate, by the Department of Ecology an applicable master program, only when the proposed development is consistent with the applicable master program and the policy of Section 2 of the Shoreline Management Act of 1971. 3. No development shall commence until all responses re- ceived during the 45-day D.O.E. review period have been satis- factorily resolved; pursuant to RCW 90.58.140 (4). SECTION 3. NOTICE. Upon submittal of a proper application for a substantial development or timber cutting permit to the Planning Commission, the applicant shall publish notices of the application at least once a week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the County and the City. An affidavit of publication shall be transmitted by the applicant to the Planning Commission and affixed to the ap- plication. The notice shall be in substantially the form as adopted by resolution by the Planning Commission, examples of -2- which shall be available at the City Hall. SECTION 4. PERMIT APPLICATIONS. Applications for substantial development permits and tim- ber cutting permits, shall be made with the Planning Commission. by the property owner, contract purchaser, or other person entit- led to possession of the property or by unauthorized agent. A filing fee in the amount of $25.00 shall be paid to the City at the time the application is filed. Applications for substantial development permits shall be made substantially in a form as approved by the Planning Commis- sion, examples of which shall be available at the City Hall and the applicant shall be required to submit and attach thereto all data, maps, or other information as required on said form. Unless an adequate environmental impact assessment or state- ment has previously been prepared for the proposed~development by another agency, the Planning Commission shall cause to be pre- pared such a statement or assessment, prior to the ruling on ap- plication for a permit, when the project being applied for con- stitutes a major action significantly affecting the quality of environment under the State Environmental Policy Act of 1971 or Winslow Ordinance 74-26, or Poulsbo Ordinance 74-29. ,,; .,, The Planning Commission shall transmit its recommendations in writing to the City Council within a reasonable time after the required 30 day notice period, or when a public hearlag is held pursuant to Section 5 of this Ordinance a reasonable time there- after. The burden shall be upon the applicant to prove that the proposed development is consistent with the criteria set forth in the Shoreline Management Act of 1971 and the applicable rules and regulations. SECTION 5. PUBLIC HEARING. 1. In the following cases, decisions on applications for substantial development permits and timber cutting permits shall not be made until at least one public hearing has been held by the Planning Commission: A. One or more interested persons has submitted to the .Planning Commission, within 15 days of the final pub- lication of notice of the application, a written re- quest for such hearing together with a statement of the reasons for the request; or B. The Planning Commission determined that the proposed development is one of broad public significance. 2. The public hearing required under subsection (a) herein shall be conducted by the Planning Commission. 3. Notice of the time and place of the public hearing shall be published in the same manner (and, where appropriate, com- bined with) the notices of application required in Section 3 of this Ordinance and the public hearing shall be held no sooner than 15 days after the final date of publication of the notice of public hearing. 4. The Planning Commission shall make and enter written findings from the record and conclusion thereof which support its recommendation and the findings and conclusions shall set forth the manner in which the decision is consistent with the criteria set forth in the Shoreline Management Act of 1971 and shall submit the same to the City Council within 5 days of the decision. Said decision shall recommend approval, denial or conditional approval of the permit. SECTION 6. ACTION BY THE CITY COUNCIL. 1. Upon receipt of the recommendations of the Planning Commission, if the City Council is in agreement with the Find- ings and Conclusions of the Planning Commission, it shall prepare a final order based on said findings and conclusions. If the City Council is in disagreement with any or all of findings and conclusions of the Planning Commission, it shall enter its own findings and conclusions and order based upon the following: the application; the environmental impact assessment or state- ment, if one has been prepared; written comments from interested persons; testimony from the public hearing, if one was held; in- formation or comment from other departments affected and from the City Attorney; independent study of the Planning Commission. Said findings and conclusions shall set forth the manner in which the decision is consistent with the criteria as set forth in the Shorelines Management Act of 1971. 2. The decision of the City Council shall be the final decision of the City on all applications and the City shall ren- der a written decision including findings, conclusions, and the final order, and transmit copies of its decision to all persons who submitted written comments pursuant to the provisions of Section 5 of this Ordinance. SECTION 7. PERMITS. Substantial development or timber cutting permits issued by the City pursuant to the Shorelines Management Act of 1971 shall be substantially in the form adopted by the Planning Com- mission consistent with the requirements of the Shoreline Man- agement Act of 1971, copies of which forms are available for in- spection at the City Hall. -4- SECTION 8. RESCISION, SERVICE OF NOTICE HEARING. 1. Any permit granted pursuant to this ordinance may be rescinded or modified upon the finding by the City Council that the permittee has not complied with the conditions of his permit. 2. The City Council may initiate rescission and modifica- tion proceedings by serving written notice of non-compliance on the permittee. 3. Before permit can be rescinded or modified a public hearing shall be held by the City Council no sooner than 10 days following the service of notice upon permittee. SECTION 9. INSPECTION. The Building Official of the City or his authorized repre- sentative may inspect properties as necessary to determine wheth- er the permittee has complied with the conditions of the respec- tive permits and, whether there is reasonable cause to believe that development has occurred upon any premises in violation of the Shorelines Management Act of 1971 and this Ordinance, may enter upon such premises at all reasonable times to inspect the same. SECTION 10. CRIMINAL PENALTIES, CIVIL LIABILITY. 1. Any person found willfully engaged in activities on the Shorelines of the City in violation of this Ordinance or the Shoreline Management Act of 1971 or in violation of the master program, rules or regulations adopted pursuant thereto shall be guilty of a misdemeanor, and shall be punished by fine of not less than $25.00 and no more than $500.00, or imprisonment in the City jail for not more than 90 days, or by both such fine and imprisonment. 2. The City Attorney shall bring such injunctive, declar- atory, or other actions as are necessary to insure that no uses are made of the Shorelines of the City in conflict with the pro- visions of programs of this Ordinance, or the Shoreline Manage- ment Act of 1971, and to otherwise enforce the provisions of this Ordinance and the Shoreline Management Act of 1971. 3. In addition to the penalties provided above, the City Attorney of the City as well as any private person shall have all rights to bring civil action as provided by RCW 90.58.230. SECTION 11. SEVERABILITY. If any provision of this ordinance, or its application to any person or legal entity or circumstances, is held invalid, the remainder of the ordinance, or the application of the pro- vision to other persons or legal entities or circumstances, shall not be affected. -5- PASSED by the Council of the City of Poulsbo and approved by its Mayor this day of , 1974. ATTEST: MAYOR CLERK/TREASURER PASSED by the Council of the City of Winslow and approved by its Mayor this 4th day of November, 1974. ATTEST: MAYOR CLERK/TREASURER