18E.10.070 Administration.
A. Approvals Required. An approval must be obtained from Pierce County when the Department determines that the site or project area may contain a critical area or its buffer, as set forth in each Chapter.
B. Application Requirements.
1. Preliminary Review. The provisions for conducting a preliminary review for an application is set forth in Chapter 18.40 PCC, Development Regulations – General Provisions.
2. Application Filing.
a. Applications shall be reviewed for completeness in accordance with Department submittal standards checklists and pursuant to Chapter 18.40 PCC, Development Regulations – General Provisions.
b. The County shall maintain a roster of consultants (e.g., wetland specialists, fish and wildlife biologists, etc., except those professionals who are licensed by the State of Washington such as engineers, geologists and surveyors) who are eligible to submit applications and accompanying assessments, reports, studies, evaluations, delineations, verifications, surveys, etc. as required under this Title. A consultant may be removed from the County's eligibility roster (i.e., given an ineligibility status) for a time period of not less than six months nor greater than twelve months when the Director determines that the consultant knowingly or repeatedly (three times) submits inaccurate assessments, reports, plans, surveys, certification forms, etc. The consultant will be informed in writing of the County's decision for removal from the roster, the time period for such removal, and appeal procedures.
3. Modifications.
a. The Department may request an update of any required assessment, report, delineation, study, etc. due to the potential for change in the existing environment that may have been caused by a natural event (e.g., seismic event, landslides, flooding, etc.) that occurred after the original document was initially submitted but prior to the Department granting issuance of the permit or approval.
b. The request to update any required assessment, report, delineation, study, etc. shall be utilized when there is a potential for life safety issues that may occur as a result of the natural event (e.g., increased potential for landslide).
c. The Department shall request any required updates in writing.
C. Public Notice. Public notice provisions for notice of application; public hearing, if applicable; and final decision pursuant to this Title are outlined in Chapter 18.80 PCC, Development Regulations – General Provisions.
D. Review.
1. Initial Review. The Department shall conduct an initial review of any application in accordance with the provisions outlined in Chapter 18.60 PCC, Review Process.
2. Review Responsibilities.
a. The Department is responsible for administration, circulation, and review of any applications and approvals required by this Title.
b. The Examiner shall be the decision authority for any approval under this Title requiring a public hearing, including but not limited to Reasonable Use Exceptions and Variances.
c. Other County departments and State agencies, as determined by the Department, may review an application and forward their respective recommendations to the Director or Examiner, as appropriate.
3. Review Process.
a. The Department shall perform a critical area review for any application submitted for a regulated activity, including but not limited to those set forth in PCC 18E.20.020. Reviews for multiple critical areas shall occur concurrently. For critical areas within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process.
b. The Department shall, to the extent reasonable, consolidate the processing of related aspects of other Pierce County regulatory programs which affect activities in regulated critical areas, such as subdivision or site development, with the approval process established herein so as to provide a timely and coordinated review process.
c. As part of the review of all development or building-related approvals or permit applications, the Department shall review the information submitted by the applicant to:
(1) Confirm the nature and type of the critical area and evaluate any required assessments, reports, or studies;
(2) Determine whether the development proposal is consistent with this Title;
(3) Determine whether any proposed alterations to the site containing critical areas are necessary; and
(4) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this Title.
d. Activities associated with a proposed single-family residence or associated features within an undeveloped lot (one lacking a residential dwelling) may be waived from critical area review requirements when the following conditions have been met:
(1) The boundary of the critical area can be accurately determined without the need for a field review, using secondary data sources such as, but not limited to: aerial photographs, topographic maps, and floodplain maps;
(2) The critical area buffer can be established without field review;
(3) All aspects of the project are located outside of the required buffer;
(4) The buffer is vegetated consistent with PCC 18E.40.060 G., Buffer and Setback Functioning Condition; and
(5) Compliance with the buffer requirement is adequate to protect the regulated species or habitat area from any impacts of the proposed activity. This exemption may not apply where additional protective measures, such as timing restrictions, are required.
e. When it is determined that regulated activities subject to SEPA (Title 18D PCC) are likely to cause a significant, adverse environmental impact to the critical areas identified in this Title that cannot be adequately mitigated through compliance with this Title, mitigation measures may be imposed consistent with the procedures established in PCC 18D.40.060.
f. Critical area applications required under this Title shall be approved prior to approval of any related action (parent application) such as, but not limited to, a building permit, land division action, site development action, forest practice application, Tacoma-Pierce County Health Department (TPCHD) permit, use permit, or shoreline permit.
4. Approval.
a. Pierce County may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, objectives and requirements of this Title. Approval or denial shall be based on the Department's or Examiner's, as applicable, evaluation of the ability of any proposed mitigation measures to reduce risks associated with the critical area and compliance with required standards.
b. Applicants shall comply with the recommendations and/or mitigation measures contained in final approved assessments or reports and any Department or Examiner conditions of approval.
c. Approval of an application required under this Title must be given prior to the start of any development activity on a site.
5. Denial. The Department or Examiner, as applicable, shall have the authority to deny any application for development or building-related approvals or permits when the criteria established in this Title have not been met.
6. Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this Title are set forth in Chapter 18.100 PCC, Development Regulations – General Provisions.
E. Time Limitations.
1. Expiration of Approval.
a. Approvals granted under this Title shall be valid for the same time period as the underlying permit (e.g., preliminary plat, site development, building permit). If the underlying permit does not contain a specified expiration date then approvals granted under this Title shall be valid for a period of three years from the date of issue, unless a longer or shorter period is specified by the Department.
b. The approval shall be considered null and void upon expiration, unless a time extension is requested and granted as set forth in subsection 2. below.
2. Time Extensions.
a. The applicant or owner(s) may request in writing a one-year extension of the original approval.
b. Knowledge of the expiration date and initiation of a request for a time extension is the responsibility of the applicant or owner(s).
c. A written request for a time extension shall be filed with the Department at least 60 days prior to the expiration of the approval.
d. Upon filing of a written request for a time extension, a copy shall be sent to each party of record together with governmental departments or agencies that were involved in the original approval process. By letter, the Department shall request written comments be delivered to the Department within 30 days of the date of the letter.
e. Prior to the granting of a time extension, the Department may require a new application(s), updated study(ies), and fee(s) if:
(1) The original intent of the approval is altered or enlarged by the renewal;
(2) If the circumstances relevant to the review and issuance of the original approval have changed substantially; or
(3) If the applicant failed to abide by the terms of the original approval.
f. If approved, the one-year time extension shall be calculated from the date of granting said approval.
g. The Director has the authority to grant or deny any requests for time extensions based upon demonstration by the applicant of good cause for the delay.
F. Recording.
1. Approvals.
a. Approvals issued pursuant to this Title shall be recorded on the title of the project parcel(s) at the Pierce County Auditor's Office prior to issuance of any site development permits or building permits, as applicable. Failure to record an approval in this timeframe may result in the imposition of enforcement actions. Also refer to PCC 18E.10.080 C., Title and Plat Notification, for additional recording requirements.
b. Recording of critical area approvals for work completed within utility line easements on lands not owned by the jurisdiction conducting the regulated activity shall not be required.