14.250.050 Permits, Decisions, and Appeals – General.
A. The Planning Director, or designee, is authorized to create:
1. Permit application form(s) as deemed necessary to ensure efficient and proper processing; and
2. A submittal checklist of all required submittals necessary for the application to be determined to be complete.
B. A complete application for a shoreline substantial development, shoreline conditional use, or shoreline variance permit shall contain, at a minimum, the following documents and information:
1. The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent.
2. The name, address and phone number of the applicant’s representative if other than the applicant.
3. The name, address and phone number of the property owner, if other than the applicant.
4. Location of the Property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location.
5. Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the Act over the project is derived.
6. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project.
7. A general description of the property as it now exists including its physical characteristics and improvements and structures.
8. A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics.
9. A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include:
a. The boundary of the parcel(s) of land upon which the development is proposed.
b. The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to nor within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline.
c. Existing and Proposed Land Contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area.
d. A delineation of all wetland areas that will be altered or used as a part of the development.
e. A general indication of the character of vegetation found on the site.
f. The dimensions and locations of all existing and proposed structures and improvements including, but not limited to: buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities.
g. Where applicable, a landscaping plan for the project.
h. Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section.
i. Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent.
j. Quantity, composition and destination of any excavated or dredged material.
k. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties.
l. Where applicable, a depiction of the impacts to views from existing residential uses and public areas.
m. On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses.
C. Permit application and review fees shall be as specified by the City of Snohomish fee schedule as established by resolution of the Snohomish City Council.
D. The applicant shall have the burden of proving the application/request satisfies the applicable criteria.
E. The Planning Director, or designee, may impose conditions of approval to a shoreline permit or determination of exemption as necessary to ensure the proposal is consistent with the City’s Shoreline Master Program and the Act.
F. When a shoreline substantial development permit and a shoreline conditional use permit or variance are required for a development, the submittals of the permits shall be made concurrently.
G. For development where a permit decision by the Hearing Examiner is required in addition to an administrative shoreline permit, the Hearing Examiner shall conduct an open-record public hearing and issue decisions for all land use permits related to development of the site. In such instances, the Planning Director, or designee, shall provide a written analysis of the development’s consistency with applicable regulations and provide a recommendation whether to approve, approve with conditions, or deny the permit application.
H. Any decision on an application for a shoreline permit, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the Department of Ecology and the Attorney General.
I. As specified by RCW 90.58.140, the date of filing of the City’s decision on a shoreline substantial development permit shall be the date of actual receipt by the Department of Ecology. The date of filing of shoreline conditional use permits and shoreline variance permits shall be the date the Department of Ecology transmits the permit decision to the City and the applicant. When the City simultaneously transmits to Ecology its decision on a shoreline substantial development with its decision of either a shoreline conditional use permit or variance, or both, the shoreline substantial development permit shall have the same date of filing as the shoreline conditional use permit or variance.
J. Any person aggrieved by the granting, denying, or rescinding of a permit or permit revision on shorelines of the state pursuant to RCW 90.58.140 and this chapter may seek review from the Shorelines Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing the decision, pursuant to RCW 90.58.180 and WAC 461-08-340. (Ord. 2336, 2018)