Loading...
ORD 77-01 PROGRAM FOR THE ADMINISTRATION AND ENFORCEMENT OF A PERMIT SYSTEM CITY OF WINSLOW ORDINANCE NO. 77-1 CITY OF POULSBO ORDINANCE NO. 77-1 AN ORDINANCE ESTABLISHING A PROGRAM FOR THE ADMINISTRATION AND ENFORCEMENT OF A PERMIT SYSTEM PURSUANT TO THE REQUIREMENTS OF THE SHORELINES MANAGEMENT ACT,.REVISED CODE OF WASHINGTON 90.58, AND REGULATIONS PROMULGATED PURSUANT THERETO, FOR PERMITS TO BE ISSUED BY THE CITY OF WINSLOW OR THE CITY OF POULSBO AND PROVIDING FOR ENFORCEMENT THEREOF AND REPEALING CITY OF WINSLOW ORDINANCE NO. 74-26 AND CITY OF POULSBO ORDINANCE NO. 74-29. 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 municipal 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. The term "Planning Commission" is synonymous with the term "Planning Agency" as defined in RCW 35A.63.030(8). D. "Shorelines" and "Shorelines of State Wide Significance" 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 -1- 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, as amended from time to time, and if any conflict exists between this ordinance and the said Shoreline Management Act, the latter enactment shall control and the pro- visions of said Act applicable to the City are hereby incorporated 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 and, after adoption and approval as appropriate, the applicable guidelines, regulations 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 the ordinance originally enacted and which is being repealed by t.his ordinance, until such time as applicable master program has become effective, only when the proposed development is consistent with (i) the policy of Section 2 of the Shoreline Management Act 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. -2- -or- (b) after adoption or approval, as appropriate, by the D.O.E. an applicable master program, only when the proposed development is consistent with the policies and procedures of the Act, the guidelines and regulations of the D.O.E. and the master program adopted and approved for the City. 3. No development shall commence until all responses received during the 30-day D.O.E. review period have been satis- factorily resolved; pursuant to RCW 90.58.140 (4). 4. For purposes of this ordinance, there shall be exempt from the permit system and permits shall not be required for such developments, construction, maintenance or operations which are specifically exempted from the permit system by regulation duly adopted by D.O.E. or the Shorelines Management Act. Whenever a development falls within the exemptions provided for by regula- tion adopted by D.O.E., as above mentioned, and the development is subject to a United States Corps of Engineers Section 10 permit under the River and Harbor Act of 1899, the City building official shall prepare a letter addressed to the applicant and D.O.E. exempting the development from the permit system and requirements of the Shorelines Management Act; the letter shall be substantially in such form as required by D.O.E. 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. In addition, the applicant shall provide additional notice of the application by at least one of the f~llowing methods: -3- (a) mailing to the latest recorded real property owners as shown by the county assessor within at least 300 feet of the boundary of tbe property upon which the sub- stantial development is proposed, (b) posting in a conspicuous manner on the property upon which the project is to be constructed or, (c) any other manner deemed appropriate by the Planning Commission to accomplish the objectives of reasonable notice to adjacent land owners and to the public. An affidavit that the notice of application has been properly published and, as applicable, posted, deposited in the U.S. Mail or otherwise given pursuant to this section, shall be affixed to the application. Such notices shall include a statement that within thirty (30) days of the final publication any interested p~rson may submit his written views upon the application to the Planning Commission or notify the Planning Commission of his desire to receive a copy of the action taken upon the application. All persons who notify the Planning Commission of their desire to receive a copy of the final order issued by the City Council shall be notified in a timely manner of the action taken upon the application. The notice of application shall be substantially in the form as adopted by resolution by the Planning Commission, samples of which shall be available at the City Hall. SECTION 4. PERMIT APPLICATIONS. Applications for substantial development permits and timber cutting permits, shall be made with the Planning Commission by the property owner, contract purchaser, or other person entitled to possession of the property or by an authorized agent. A filing fee in the amount of $50.00 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- -4- 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 assessment or an environ- mental impact statement, as the case may be, has previously been prepared for the proposed development by another agency, the Planning Commission, prior to ruling on the application for a permit, shall cause to be prepared such an assessment, or, when the project being applied for constitutes a major action significantl] affecting the quality of environment under the State Environmental Policy Act of 1971 or under the Shoreline Management Act and this ordinance, such a statement. 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 hearing 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 'and the applicable rules and regula- tions. 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: 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 request 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. -5- 2. The public hearing required under Section 1. herein shall be conducted by the Planning Commission or a duly appointed hearing examiner. 3. Notice of the time and place of the public hearing shall be published in the same manner (and, where appropriate, combined with) the notices of appli. cation required in Section 3 of this Ordinance and the public hearing shall be held no sooner than 30 days after the final date of publication of the notice of application Notices of the hearing shall include a statement that any person may submit oral or written com/nents on an application at such 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 Shorelines Management Act 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. 5. In the event the public hearing is conducted by a duly appointed hearing examiner, the procedures for conducting said hearing and processing the findings and conclusions thereof shall be governed by the hearing examiner ordinance and the procedures adopted thereunder if inconsistent with the procedures set forth in this ordinance. 6. The Planning Commission will record on magnetic tape all public hearings held before it, but neither the City nor the Planning Commission shall be responsible for the preparation of a verbatim transcript of said proceedings if an appeal is taken and this responsibility will be that of the applicant and at the applicant's expense. -6- 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 Findings 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 conclu- sions of the Planning Commission, it shall enter its own findings and conclusions and order based upon the following: the appli- cation; the environmental assessment or impact statement, if one has been prepared; written comments from interested persons; testimony from the public hearing, if one was held; information 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. 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. 3. Copies of the original application and other pertinent materals used in the final decision of the City Council, the permit and any other written evidence of the final order of the City Council relative to the application shall be filed'with D.O.E. and the attorney general of the State of Washington within eight (8) days after the final decision. After taking action on a substantial development permit with a conditional use and/or variance, the City shall submit its action to D.O.E. for its approval, approval with conditions (subject to concurrence by the City) or denial. Upon receipt by the City of th final decision of D.O.E. approving or disapproving a permit for a conditional use or variance, the City shall notify those interested persons having contacted the City pursuant to Section 3 above of said final decision. SECTION 7. PERMITS. Substantial development or timber cutting permits issued by the City pursuant to the Shorelines Management Act shall be substantially in the form adopted by the Planning Commission consistent with the requirements of the Shoreline Management Act, copies of which are available for inspection at the City Hall. The following time requirements shall apply to all sub- stantial development permits and any conditional uses and variances with respect thereto: 1. Construction or substantial progres-s toward construction of a project for which a permit has been granted must be under- taken within two (2) years after the approval of the substantial development permit. Substantial progress towards construction shall include, but not be limited to, the letting of bids, making of contracts, purchase of materials involved in development, but shall not include development or usage which are inconsistent with the criteria set forth in Section 2 (b) above; provided, however, that in determining the running of the two-year period hereof, there shall not be included the time during which a development was not actually pursued by construction and the pendency of litigation reasonably related thereto made it reason- able not to so pursue; provided, further, that the City may, at its discretion, extend the two-year time period .for a reasonable time based upon factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction. If a project for which a permit has been granted pursuant to this Ordinance, has not been completed within the time fixed for the duration of the permit, which shall not exceed five (5) years after the approval of the permit by the City, the City shall, at the expiration of the permit period, review the permit, and upon showing of good cause, either extend the permit for one year or terminate the permit;.provided, that nothing herein shall preclude the City, in the exercise of its reasonable discretion, from issuing a substantial development permit with a fixed termination dateof less than five years. SECTION 8. REVISIONS TO PERMITS. ~ An applicant seeking to revise a substantial development permit shall submit to the Planning Commission detailed plans and text describing the proposed revision in the permit. If the Planning Commission determines that the proposed revision is within the scope and intent of the original permit, it shall submit the proposed revision to the City Council with~its recom- mendation to approve the same and, upon concurrence by the City Council, the request for the revision shall be approved. "Within the scope and intent of the original permit" shall be construed to mean the following: (a) no additional over-water construction shall be involved; (b) lot coverage and height may be increased a maximum of 10% from the provisions of the original permit, provided, that revisions involving new structures not shown on the original site plan shall require a new substantial develop- ment permit, and provided, further, that any revisions authorized under this subsection shall not exceed height, lot coverage, setback or any other requirements of the master program for the City. Landscaping may be added to a project without necessitating an application for a new substantial development permit, provided, that the land- scaping is consistent with conditions, if any, attached to the original permit and is consistent with the master program for the City. -9- (c) No additional significant adverse environmental impact will be caused by the project revision. The revised permit shall become effective immediately upon approval by the City Council. The approved revision shall be submitted to D.O.E. and the Attorney General within eight (8) days of the date of City action approving said revision for the completion of their files. Additionally, the City shall submit the revised site plan, text and the approved revision to persons who have notified the City of their desire to receive a copy of the action on a permit pursuant to Section 3 of this Ordinance. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit shall be at the applicant's own risk until the expiration of the deadline for any appeal from the City's action. If an appeal is successful in establishing that a revision was not within the scope and intent of the original permit, it shall have no effect upon the original permit. If the revision will violate the terms of one or more of the criteria above mentioned, the applicant shall be required to apply for a new substantial development permit in the manner pro- vided for in this ordinance. SECTION 9. RESCISSION, SERVICE OF NOTICE HEARING. 1. Any permit granted pursuant to this ordinance may be rescinded or modified upon tke 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 noncompliance 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 10. INSPECTION. The Building Official of the City or his authorized repre- -10- sentative may inspect properties as necessary to determine whether the permittee has complied with the conditions of the respective permits and, whether there is reasonable cause to believe that development has occurred upon any premises in violation of the Shorelines Management Act and this Ordinance, may enter upon such premises at all reasonable times to inspect the same. SECTION 11. 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 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, through the City Attorney, shall cause to be issued such regulatory orders as are appropriate pursuant to the Shorelines Management Act and the regulations promulgated there- under and shall cause to be brought such injunctive, declaratory or other proceedings as are'necessary to insure that no uses are made of the Shorelines of the City in conflict with the provi- sions or programs of this Ordinance or of the Shorelines Manage- ment Act and to otherwise enforce the provisions of this Ordinance and said Act. 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 90.58.23Q. SECTION 12. 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 provision -11- to other persons or legal entities or circumstances, shall not be affected. SECTION 13. City of Winslow Ordinance No. 74-26 and City of Poulsbo Ordinance No. 74-29 be and hereby are repealed. PASSED by the Council of the City of Poulsbo and approved by its Mayor this ~'~ day of ATTEST: MayoW'7 · 1979- Clerk/Treasurer -12-