Chapter 20.36
SHORELINE PERMITS
Sections:
20.36.010 Submittal requirements.
20.36.020 Permit types and procedures.
20.36.030 Permit processes, general.
20.36.040 Shoreline substantial development permits, variances and conditional uses permits.
20.36.010 Submittal requirements.
(1) The administrator shall determine the appropriate permit type and provide the necessary application forms for shoreline substantial development, conditional use, and variance permits, per Chapter 173-27 WAC and the city’s shoreline master program (SMP). The applicant shall provide, at a minimum, the following information both digitally and on paper:
(2) Each type of activity on the shoreline requires specific submittal requirements to ensure the permit meets the Shoreline Management Act (SMA) and the city’s SMP. In addition to the criteria in SMP 7.2.1, the basic application for each permit shall contain the following:
(a) Completed application form for the proposed use.
(b) An owner/agent agreement to work on the land (for projects on city land, this could be in the form of council minutes from the meeting at which the permission was given, or written permission from the mayor).
(c) If a preapplication conference was conducted, a copy of the preapplication letter from the city.
(d) An environmental checklist for review under the State Environmental Policy Act.
(e) Environmental reports that meet the requirements of the SMP Appendix B for the following, as appropriate:
(i) Floodplains and/or floodways adjacent to the proposed activity;
(ii) National-Wetland-Inventory-mapped wetlands within 300 feet of the proposed activity; and/or
(iii) Known or reported wetlands within 300 feet of the proposed development.
(f) Fees for any required city of Buckley building and land use permit applications, land use actions and agreements shall be as set forth in the fees, fines and rate schedule established by resolution of the city council.
(g) A map of and the names and addresses of all real property owners within 300 feet of property where development is proposed (north and south of the river).
(i) Using the map and list, submit three sets of addressed envelopes using the city’s return address.
(h) An 11-by-17 aerial of properties within 1,000 feet of the project area and a brief description of the general nature of all improvements and land uses in this area, north and south of the river.
(i) Source, composition, and volume of fill material;
(j) Composition and volume of any extracted materials, and identify proposed disposal area;
(k) If the development proposes septic tanks, evidence that the proposed development complies with local and state health regulations;
(3) Each application shall provide a site plan, drawn to scale that shows project details on one or more sheets and shall include:
(a) A vicinity map drawn to a scale of four inches equals one mile and of sufficient detail to orient the location of the development area, with names of streets and other landmarks, and a north directional arrow.
(i) Indicate site location using natural points of reference (section lines, roads, state highways, prominent landmarks, etc.);
(ii) If the development involves the removal of any soils by dredging or otherwise, identify the proposed disposal site on the map. If the disposal site is beyond the confines of the vicinity map, provide another vicinity map showing the precise location of the disposal site within the city and/or its distance to the nearest city or town;
(b) The site boundary as represented in the associated legal description, and include the following:
(i) Property dimensions in vicinity of project;
(ii) Ordinary high water mark;
(iii) Shoreline designation according to the master program.
(iv) Any associated wetlands and/or floodplain and/or floodways within 300 feet of the development area.
(c) Using the definitions for “height” and “average grade level” from Chapter 173-27 WAC, show the following:
(i) Existing ground and/or bathymetric elevation;
(ii) Proposed ground and/or bathymetric elevation;
(iii) Height of existing structures; and
(iv) Proposed height of existing structures;
(v) Where appropriate, proposed land and bathymetric contours using two-foot intervals in water area and on areas landward of OHWM, if development involves grading, cutting, filling, or other alteration of land contours;
(vi) Typical cross-section or sections;
(d) Dimensions and location of existing structures that will be maintained;
(i) Dimensions and locations of proposed structures, parking and landscaping;
(ii) Details of fill, grade, or dredge areas;
(e) Location of proposed utilities, such as sewer, septic tanks and drain fields, water, gas, and electricity;
(4) Additional information determined by the city to be necessary for the adequate review of the proposal shall be supplied within 90 days of the request. (Ord. 13-19 § 2, 2019).
20.36.020 Permit types and procedures.
(1) Almost all development within the shoreline is subject to the requirements of the Shoreline Management Act (SMA) and the city’s shoreline master program (SMP), regardless of whether a substantial development permit is required, and likely requires written permission by the city, except for emergency repairs that may be performed after verbal agreement by the city, applicant, and the state before a permit is obtained.
(2) Permissions to develop or place uses within shoreline jurisdiction include the following:
(a) Exemptions, exceptions, and exclusions:
(i) Exemptions are listed in SMP 7.2.2 and within the Shoreline Management Act’s definition of substantial development in RCW 90.58.030(3)(e). The city may place conditions on exemptions and follow a Type A-1 process, as described in this title, as amended by this chapter. If a proposal is exempted from a shoreline substantial development permit, but requires another shoreline permit(s), only the decision criteria for the other shoreline permit(s) will be used in the project’s review and approval.
(ii) Exceptions follow a Type A-1 process, as described in this title, but require no application. Exceptions may be approved by letter or email to the Department of Ecology and the applicant. No conditions can be required, but conditions may be suggested that would make the exception meet the city’s shoreline master program.
(iii) Because of the uses associated with exclusions, exclusions do not need to meet the Shoreline Management Act or shoreline master program.
(b) Shoreline substantial development permits follow a Type A-2 process as described in this title, as amended by this chapter.
(i) Substantial development shall not be undertaken within shoreline jurisdiction unless a shoreline substantial development permit is obtained; and
(ii) The appeal period has been completed; and
(iii) Any appeals are resolved and/or the applicant is given permission to proceed by the proper authority.
(c) Shoreline conditional use permits follow a Type C-2 process as described in this title, as amended by this chapter.
(d) Shoreline variances follow a Type C-2 process, as described in this title, as amended by this chapter.
(e) All decisions shall be in writing.
(3) The Department of Ecology and the Attorney General’s Office shall be notified of permit decisions after the local appeal periods expire.
(4) The Department of Ecology shall review the decision submitted by the city for Department approval, approval with conditions, or denial, as provided in WAC 173-27-200. Ecology’s final decision shall be issued to the city and the applicant within 30 days of the date the city’s decision was submitted to the Department.
(5) When an applicant desires to revise a permit, the applicant must 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 173-27-100, the administrator may approve the revision.
(a) Revisions to permits under WAC 173-27-100 may be authorized after original permit authorization has expired; provided, that this procedure shall not be used to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit.
(b) Local government shall notify the department in writing of any change to the effective date of a permit with an explanation of the basis for approval of the change. Effective dates may be changed as authorized by RCW 90.58.143. Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as amended shall require a new permit application. (Ord. 13-19 § 2, 2019).
20.36.030 Permit processes, general.
(1) Shoreline permit decisions shall be processed and be subject to the applicable regulations provided under the Shoreline Management Act (SMA) and the city’s shoreline master program (SMP).
(2) The burden of proving that a proposed development is consistent with the approval criteria and master program policies and regulations shall be the applicant’s.
(3) Decision criteria include all applicable items listed in the SMP and the SMA.
(a) Decision criteria in the SMP are found in Chapters SMP 3 through SMP 6.
(b) Decision criteria in the SMA are found in WAC 173-27-140 through 173-27-210.
(c) Decisions shall be consistent with Buckley Municipal Code requirements.
(4) Each permit issued by the city shall contain a provision that construction pursuant to the permit shall not begin and is not authorized until 21 days from the date of filing with the Department of Ecology, per WAC 173-27-190.
(5) Any decision on an application for a shoreline permit or revision, whether it is an approval or a denial, shall first be sent to the applicant and parties of record by way of a notice of decision, as outlined in this title.
(a) The notice of decision shall be mailed to the Attorney General Office and the Washington State Department of Ecology by mail, return receipt requested.
(b) After the local appeal period is over or the local appeals are decided, the final decision packet containing all items listed in WAC 173-27-130(3) shall be sent to the Department of Ecology by return receipt requested mail.
(c) “Final decision by local government” shall mean the order or ruling, whether it be an approval or denial, which is established after all local administrative appeals related to the permit have concluded or the opportunity to initiate such appeals have lapsed. (Ord. 13-19 § 2, 2019).
20.36.040 Shoreline substantial development permits, variances and conditional uses permits.
(1) Shoreline substantial development permits are required for all substantial development that does not qualify as exempt, excepted or excluded from shoreline regulations.
(a) Review criteria for SSDPs are found in WAC 173-27-140 and 173-27-150, and the SMP.
(2) Provisions concerning shoreline variances and shoreline conditional uses should be applied in a manner which, while protecting the environment, will assure that a person will be able to use his/her property in a fair and equitable manner.
(a) Review Criteria for Shoreline Conditional Use Permits (SCUP) are governed by WAC 173-27-140, 173-27-160, 173-27-200, and 173-27-210, and SMP 7.2.4. SCUPs can allow greater flexibility in applying use regulations. In authorizing SCUPs, special conditions may be attached to the permit by the city or the Department of Ecology to prevent undesirable effects of the proposed use.
(i) Development, including uses that need an SCUP is listed in the shoreline master program under SMP Table 6-1 in Chapter 6.
(b) Variance review criteria are governed by WAC 173-27-170 and 173-27-200 and SMP 7.2.5. Two basic types of variances exist: one landward of the ordinary high water mark and one waterward of the ordinary high water mark. Each has its own set of decision criteria.
(i) Variances are to allow development within the shoreline jurisdiction that requires modified dimensional or bulk standards required by the SMP because the lot has unique conditions on the project site.
(ii) Variances are not permitted for wetlands.
(3) Conditions may be imposed upon development by SSDP, SCUP and variance decisions as necessary to achieve compliance with applicable permit review standards. (Ord. 13-19 § 2, 2019).
20.36.050 Notices required.
Each permit for a shoreline substantial development, shoreline conditional use, or shoreline variance issued by the city shall contain a provision that construction pursuant to the permit shall not begin and is not authorized until 21 days from the date of filing as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within 21 days from the date of such filing have been terminated; except as provided in RCW 90.58.140(5)(a) and (b).
(1) Shoreline permits shall require the notices as required for A-2 and C-2 permits, with the following additional criteria:
(a) Notices of application for shoreline permits also require the following:
(i) A statement that the comment period shall be 30 days following the date of the notice of application.
(ii) In addition, the notice shall state that any person may comment on the application, receive notice, and participate in any hearings, request a copy of the decision, and appeal rights.
(iii) A list of project permits included in the application.
(iv) A list of any studies requested under RCW 36.70B.070, 36.70B.090 and WAC 173-27-180 or environmental documents that evaluate the proposal and the location of these documents for the public to review.
(v) If an open record predecision hearing is required, the notice of application shall be provided at least 30 days prior to the hearing.
(b) Notice for determinations under the State Environmental Policy Act shall be as required in Chapter 12.04 BMC.
(c) Notices of decision shall be provided as required in this title to all parties of record, as defined in WAC 173-27-030(12), with the following additional information:
(i) The notice shall state the approval date and the date by which the activity shall be commenced.
(ii) The notice shall state the date five years from the approval date by which the development or activity shall be completed.
(iii) The notice shall state the city’s shoreline administrator may extend either or both dates by one year each based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the Department of Ecology.
(iv) The notice shall state the effective date of a substantial development permit shall be the date of filing as provided in RCW 90.58.140(6). (Ord. 13-19 § 2, 2019).
20.36.060 Time requirements.
The following time requirements shall apply to all permits:
(1) In accordance with SMP 7.2.1.I, construction, use, or activity shall commence within two years after the approval of the permits.
(a) Substantial progress shall include all of the following where applicable: the making of contracts; signing of notice to proceed; completion of grading and excavation; and the laying of major utilities; or, where no construction is involved, commencement of the activity.
(2) Permit authorization shall terminate five years after permit approval.
(3) The city may authorize a single one-year extension before the end of the either time period mentioned in subsection (1) or (2) of this section, with prior notice to parties of record and the Department of Ecology, for up to one year based on reasonable factors.
(4) The running of a permit time period shall not include the time during which an activity was not actually pursued due to the pendency of reasonably related administrative appeals or litigation or development of an EIS.
(5) When permit approval contains conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to commencement of a nonstructural activity; provided, that an alternative compliance limit may be specified in the permit. (Ord. 13-19 § 2, 2019).
20.36.070 Appeals.
(1) Appeal of administrative decisions shall follow the direction in this title.
(2) Appeal of hearing examiner decisions shall follow the processes identified in RCW 90.58.180 and WAC 173-27-100. (Ord. 13-19 § 2, 2019).