HomeMy WebLinkAboutord1979-0631
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DATE November- 15, 1979 INTRODUCED BY Muenscher
PROPOSED BY Building and Codes
ORDINANCE NO. 79 -63
AN ORDINANCE AMENDING WHATCOM COUNTY
SEPA ORDINANCE ADOPTED MAY 30,1 9 78
AMENDING SECTION 10(B)(1) AND SECTION
22.
THE WHATCOM COUNTY COUNCIL DOES ORDAIN:
Section 1.
Section 10(B)(1) ENVIRONMENTAL CHECKLIST PROCEDURE is hereby amended
to read as follows:
Section 10(B)(1) Checklist required. The environmental checklist
shall be submitted by the applicant to the lead department current with any non-
exempt application for a license approval or permit or any other-non-exempt acti
and shall accompany any other review procedures associated with licensing or ap-
proval procedures. Any county department may at its discretion review the check.
list and application for twenty -four (24) hours after receipt thereof before it
shall be required to accept formal application and any accompanying fees. The
applicant shall answer questions as completely as possible and shall apply each
question to the proposal and not just to the phase of the project for which a
license is being applied for at this time. The applicant shall explain all "Yes'
and "Maybe" answers and may explain any "No" answers. Explanations shall be
legibly presented in the space provided and additional pages for explanations
may be added where space is insufficient. References to reports or studies
which are available'.to the .lead department may be cited in any answer as well
as attached to the checklist where appropriate. Whatcom County hereby adopts
and incorporates by reference the "Environmental Checklist" form set forth in
WAC 197 -10 -365. A twenty-five dollar ($25.00) fee shall be paid by any private
person or entity upon submission of any Environmental Checklist.
Section 2.
Section 22 Appeals is hereby amended to read as follows:
Section 22. Appeals. All decisions made by any responsible official
pursuant to this ordinance and WAC 197 -10 shall be final and not subject to
N0V x,79
Ordinance - 1.
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administrative review, provided, that any person or persons or County depart-
ment may appeal to the Hearing Examiner any final declaration of non- signifi-
cance or declaration of significance made by a responsible official. All ap-
peals must be filed with the Bureau of Buildings and Code Administration within
ten (10) days after issuance of any final declaration of significance or declar-
ation of non - significance.
The Bureau of Buildings and Code Administration shall collect a fee
of one hundred dollars ($100.00) in cash or check payable to the Bureau of
Buildings and Code Administration for any appeal filed pursuant to this section.
These fees shall not apply to appeals initiated by a County Depart-
ment.
The Hearing Examiner shall reverse the threshold determination of the
responsible official if the determination is found by the Hearing Examiner to
be clearly erroneous.
A determination is clearly erroneous when although there is evidence
to support it, the Hearing Examiner on the entire evidence is left with the de-
finite and firm conviction that a mistake has been committed.
In making a decision on appeal of a threshold determination the Hear-
ing Examiner shall apply the standards set forth in Sections 10(2), (a), (b),
and (c) of this ordinance and shall in recognition of the subjective nature of
the threshold determination process give substantial weight to the determinatio
of the responsible official.
Appeals from the decision of the hearing examiner shall be processed
pursuant to the Hearing Examiner section of the Interim Zoning Ordinance WCC 2.
24.770. The Whatcom County Council shall apply the same clearly erroneous test
that is applied by the hearing Examiner.
PASSED this 29th day of November 1979.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Chairpersbn
ATTEST z_ Joan Ogden
County.Auditory and Ex- officio
Clerk - f the un it
By:
Deputy
Ordinance - 2.
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APPROVED AS TO FORM:
Aa,
Deputy Prosecu ing Attorney
APPROVED ( ) VETOED
Count Executive
Published November 27
Ordinance - 3.
DATE
13
and December', 1979
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