BOCC Exhibits A-E ECY Approved SMP-Code Amendments

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Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 322 of 339 applicant is not eligible for the revision process and shall be required to apply for a new permit. 2. Submittal requirements. An applicant seeking to revise a permit shall submit detailed plans and text describing the proposed changes to the Administrator. 3. Review criteria and findings. The Administrator may approve a revision when the proposed changes are within the scope and intent of the original permit, and are consistent with the applicable Master Program and the Act. At a minimum, Administrator must find: a. No additional over-water construction is involved except that pier, dock, or float construction may be increased by five hundred (500) square feet or ten percent (10%) from the provisions of the original permit, whichever is less; b. Ground area coverage and height may be increased a maximum of ten percent (10%) 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 pursuant to the original permit is not changed; and f. No adverse environmental impact will be caused by the project revision 4. Timing and limitations. Revisions to permits may be authorized after original permit authorization has expired. However, such revisions shall be limited to authorization of changes which are consistent with this Section and which would not require a shoreline permit for the development or change. This subsection shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit. 5. Notice. Notice of the revision approval shall be given to parties of record on the original permit and to the Washington State Department of Ecology. 6. Effective date. The revised permit is effective immediately upon final decision by the Administrator or, when appropriate, upon final action by the Washington State Department of Ecology. 7. Appeals. a. Timing. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one (21) days from the date of receipt of the local government's action on a substantial development permit revision by the Washington State Department of Ecology or, for revisions to conditional use permits or variances, the date Ecology's final decision is transmitted to local government and the applicant. b. Grounds. Appeals shall be based only upon contentions of noncompliance with the provisions of WAC 173-27-100. c. Construction during appeal period. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. d. Impact of appeal on original permit. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. 17B.07.110 Liberal construction. As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction. The Act and this Program shall be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this Program were enacted and adopted, respectively.