Article IV. Shoreline Permit Procedures
15.02.300 Shoreline permit procedures.
A. Shoreline Permit Issuance.
1. Letter of Exemption. Whenever a development is determined by the city to be exempt from substantial development permit requirements and the development is subject to a United States Army Corps of Engineers Section 10 permit under the River and Harbor Act of 1899, or a Section 404 permit under the Federal Water Pollution Control Act of 1972, the planning director shall prepare a letter addressed to the applicant and the Department of Ecology, exempting the development from the shoreline permit requirements of this chapter. This exemption letter shall be substantially as described in WAC 173-27-050.
2. When Construction Authorized. Development under a shoreline permit shall not begin and shall not be authorized until twenty-one days from the date of filing, or until all review proceedings, initiated within twenty-one days from the date of such filing, have been terminated, except as provided in RCW 90.58.140(5)(b) and (c).
a. For purposes of a substantial development permit, “date of filing” means the date the decision is actually received by the Department of Ecology. For purposes of any permit that requires a variance or a conditional use, the “date of filing” means the date a decision by the Department of Ecology is transmitted to the city of Everett.
b. In addition, each permit for a substantial development, conditional use, or variance issued by the city should contain a provision that construction is not authorized until twenty-one days from the date of filing, or until all review proceedings initiated within twenty-one days from the date of such filing have been terminated, except as provided in RCW 90.58.140(5)(b). Absence of the provision in a shoreline permit shall not affect enforcement of this requirement.
3. Conditions on Shoreline Permits. In granting or extending a permit, the planning director or examiner may attach conditions or modifications and restrictions regarding the location, character or other features of the proposed development as is necessary to make the permit compatible with the criteria set forth in the shoreline master program and this title.
4. Other Applicable Requirements. Issuance of a shoreline permit does not exempt the applicant from meeting requirements in other agency permits, procedures and regulations.
B. Time Requirements of Shoreline Permits. The time requirements in subsections (B)(1) and (B)(2) of this section shall apply to all shoreline permits, including substantial development permits, variances and conditional uses, unless a different time requirement is specified in the permit as provided in subsection (B)(3) of this section. The time frames established in subsections (B)(1) and (B)(2) of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permit or approvals.
1. Construction must be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a shoreline permit. The city may, at its discretion, extend the two-year time period for a reasonable time 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 and to the Department of Ecology.
2. If a project for which a shoreline permit has been granted under these procedures has not been completed within five years after the effective date of the permit, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the Department of Ecology, the permit shall, at the end of the five-year period, be reviewed and, upon a showing of good cause, the city shall do either of the following:
a. Extend the permit for one year; or
b. Terminate the permit.
3. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the master program and the Shoreline Management Act, the city may apply different time limits from those set forth in subsections (B)(1) and (B)(2) of this section.
C. Process for Revisions to Shoreline Permits. When an applicant proposes substantive changes to the design, terms or conditions of a project from that which are approved in a permit issued under any review process, the applicant shall submit detailed plans and text to the planning director describing the proposed changes in relation to the original permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, the master program and/or the policies and provisions of Chapter 90.58 RCW. Changes that are not substantive in effect do not require approval of a revision.
1. For revisions not requiring a conditional use permit or variance, if the planning director determines that the proposed changes are within the scope and intent of the original permit, the planning director shall approve a revision. The revised permit shall become effective immediately. The approved revision along with copies of the revised site plan and text as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section, shall be submitted to the Department of Ecology, the Attorney General, and to persons who received a copy of the original notice of decision for the application under this title.
2. For revisions requiring a conditional use permit or variance, if the planning director determines that the proposed changes are within the scope and intent of the original permit, the planning director shall submit the revision to the Department of Ecology for approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of WAC 173-27-100(6). The Department of Ecology shall render and transmit to the city and the applicant its final decision within fifteen days of the date of the department’s receipt of the submittal from the city. The city shall notify parties of record of the department’s final decision. The revised permit is effective upon final action by the Department of Ecology. Appeals shall be in accordance with the appeals section of Section 15.02.600.
3. For purposes of this section, “within the scope and intent of the original permit” means all of the following:
a. No additional over-water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet or ten percent from the provisions of the original permit, whichever is less;
b. Ground area coverage and height may be increased a maximum of ten percent from the provisions of the original permit;
c. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof;
d. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program;
e. The use authorized under the original permit is not changed; and
f. No increased adverse environmental impact will be caused by the project revision.
4. If a revision to a permit is authorized after the original permit expired, the purpose of such revisions shall be limited to authorization of changes which are consistent with this section and which would not require a permit for the development or change proposed under the terms of Chapter 90.58 RCW, WAC 173-27-110, or the city’s shoreline master program. If the proposed change constitutes substantial development, then a new permit is required.
5. If the proposed changes or the sum of the proposed revision and any previously approved revisions are not within the scope and intent of the original permit, the applicant shall apply for a new shoreline permit in the manner provided for in this chapter.
6. An application for a new permit may use or rely upon previous environmental review and supporting studies (such as biological assessments), as provided by the SEPA ordinance (Chapter 19.43).
D. Enforcement Provisions for Shoreline Regulations. The city adopts by reference the enforcement provisions of WAC 173-27-240 through 173-27-300. Further, any person, firm or corporation who violates any provision of the city’s shoreline regulations shall be subject to the city’s civil enforcement procedures set forth in Chapter 1.20. The enforcement provisions and procedures provided herein are not exclusive and the city is authorized to pursue any remedy it deems appropriate or is otherwise provided by law. (Ord. 3774-20 § 3 (Exh. 2), 2020.)