Chapter 17.205
CLOSED RECORD DECISIONS AND APPEALS
Sections:
17.205.010 Appeals of decisions.
17.205.020 Consolidated appeals.
17.205.030 Standing to initiate administrative appeal.
17.205.040 Appeals – Type I, II, III or IV project permit decisions or recommendation.
17.205.050 Procedure for closed record decision/appeal.
17.205.010 Appeals of decisions.
Decisions on project permit applications shall be appealable as provided in the framework in CDMC 17.180.050. Appeals may be made in either an open record appeals hearing or a closed record appeal/decision hearing. Final decisions made on project permit applications by the town council are appealable only to Okanogan, Douglas or Grant County superior court as appropriate. (Ord. 536 § 1 (§ 45.01), 2000)
17.205.020 Consolidated appeals.
(1) All appeals of project permit application decisions and/or recommendations shall be considered together in a consolidated appeal. The proper procedure type for appeals shall be determined by the director in the same manner as set forth in CDMC 17.180.040, Determination of proper procedure type.
(2) Any appeals of procedural and substantive determinations under SEPA on project permit applications, other than an appeal of a determination of significance (“DS”), shall be made in accordance with RCW 43.21C.060, WAC 197-11-680 and Chapter 17.205 CDMC and shall be consolidated with a hearing or appeal on the underlying governmental action in a single simultaneous hearing before the hearing body provided an appeal is available in the applicable land use regulation for the underlying action. For instance, if a DNS is linked with a Type IIA permit decision where a nonelected official conditions or denies a permit based on SEPA authority, or if it is a Type IIB appeal where the final decision is made by the planning commission, the SEPA appeal shall be consolidated with an appeal of the underlying project permit decision and shall be considered at an open record appeal hearing before the town council unless additional permit processes are involved, in which case, Chapter 17.205 CDMC shall be used by the director to determine the appropriate process. If an appeal is made on a DNS for a Type III permit where the planning commission is the hearing body who recommends to the town council, the DNS appeal shall be considered at the closed record appeal hearing before the town council where the recommendation of the hearing body must also be appealed. (Ord. 536 § 1 (§ 45.02), 2000)
17.205.030 Standing to initiate administrative appeal.
(1) Limited to Parties of Record. Only parties of record may initiate an administrative appeal for a project permit application.
(2) Definition. The term “parties of record” for the purposes of this chapter shall be as defined in Chapter 17.10 CDMC. (Ord. 536 § 1 (§ 45.03), 2000)
17.205.040 Appeals – Type I, II, III or IV project permit decisions or recommendation.
Appeals of a decision or recommendation shall be governed by the following:
(1) Standing. Only parties of record have standing to appeal a project permit application recommendation or decision.
(2) Time to File. An appeal of a project permit decision and/or hearing body recommendation must be filed within 14 calendar days following issuance of the written decision or recommendation. Appeals may be delivered to the director by mail, personal delivery or by fax before 5:00 p.m. on the last business day of the appeal period.
(3) Computation of Time. For the purposes of computing the time for filing an appeal, the day the recommendation or decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the town’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next town business day.
(4) Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by council ordinance or resolution, and contain the following information:
(a) Appellant’s name, address and phone number;
(b) Appellant’s statement describing his or her standing to appeal;
(c) Identification of the application which is the subject of the appeal;
(d) Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
(e) The relief sought, including the specific nature and extent;
(f) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
(5) Effect. The timely filing of an administrative appeal shall stay the effective date of a decision until such time as the appeal is adjudicated by the town council or withdrawn. Appeal arguments of a recommendation shall be considered by the town council in its final decision.
(6) Notice of Appeal. The director shall provide public notice of the appeal as provided in CDMC 17.190.030(2)(b)(ii). (Ord. 536 § 1 (§ 45.04), 2000)
17.205.050 Procedure for closed record decision/appeal.
(1) The following sections of this title shall apply to a closed record decision/appeal hearing: CDMC 17.200.030, 17.200.040, 17.200.050, 17.200.060(1) through (4) and 17.200.070(1).
(2) The closed record appeal/decision hearing shall be on the record before the hearing body, and no new evidence may be presented. (Ord. 536 § 1 (§ 45.05), 2000)
17.205.060 Judicial appeals.
The town’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Okanogan, Douglas or Grant County superior court as appropriate. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW as it now exists or as may be hereafter amended. (Ord. 536 § 1 (§ 45.06), 2000)