Chapter 14.10
APPEALS
Sections:
14.10.010 Appeals of decisions.
14.10.020 Consolidated appeals.
14.10.040 Standing to initiate administrative appeal.
14.10.010 Appeals of decisions.
Project permit applications shall be appealable as provided in the framework in FMC 14.02.030. (Ord. 1227 § 57, 1996).
14.10.020 Consolidated appeals.
All appeals of project permit application decisions, other than an appeal of a determination of significance, shall be considered together in a consolidated appeal. An appeal of an environmental determination on procedural issues or substantive matters shall be heard by the hearing examiner. The open record appeal hearing shall be consolidated with a hearing or appeal on the underlying project permit application. (Ord. 1593-06 § 36, 2006; Ord. 1227 § 58, 1996).
14.10.030 SEPA appeals.
Appeals of environmental determinations under SEPA shall be as follows:
A. Appeals of determinations of nonsignificance and mitigated determinations of nonsignificance are appealable to the hearing examiner. Any appeal must be filed within 14 days of the close of the comment period;
B. If the underlying project permit application requires a public hearing, the SEPA appeal shall be heard with the project permit public hearing;
C. Appeals of an environmental impact statement shall be to the Fife hearing examiner as required by law;
D. Appeals of SEPA determinations other than environmental impact statements shall be subject to all of the provisions of this chapter. (Ord. 1912 § 4, 2015; Ord. 1801 § 2, 2012; Ord. 1593-06 § 37, 2006; Ord. 1227 § 59, 1996).
14.10.040 Standing to initiate administrative appeal.
A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type I or II permit decision.
B. “Parties of record” shall mean:
1. The applicant;
2. Any person who submitted written comments on a project permit application;
3. Any person who spoke at a public meeting on a project permit application. (Ord. 1227 § 60, 1996).
14.10.050 Appeal time limits.
All appeals to decisions made on Type I and II permits must be filed within 14 calendar days following the director’s written decision on a project permit application. If the last day of the appeal period is a Saturday, Sunday, or city holiday, the filing must be completed by the close of the next business day. (Ord. 1912 § 5, 2015; Ord. 1227 § 61, 1996).
14.10.060 Contents of appeal.
An appeal shall including the following:
A. Appellant’s name, address and phone number;
B. Appellant’s statement describing his/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 content to be true, followed by the appellant’s signature;
G. Payment of the appeal filing fee as set out in Chapter 3.80 FMC. (Ord. 1227 § 62, 1996).
14.10.070 Effect of appeal.
The timely filing of an appeal shall stay the effective date of the hearing body’s decision until such time the appeal is decided or withdrawn. (Ord. 1227 § 63, 1996).
14.10.080 Judicial appeal.
The city’s final decision on an application may be appealed by a party of record with standing to the Pierce County superior court. A petition for a judicial appeal must be filed within 21 days of the issuance of the decision. (Ord. 1227 § 64, 1996).