23.60A.074

The following time requirements apply to all shoreline substantial development permits and to any development authorized pursuant to a shoreline variance or shoreline conditional use permit authorized under this Chapter 23.60A : A. Upon finding of good cause, based on the requirements and circumstances of the development, shoreline modification, or use ("project") proposed and consistent with the policy and provisions of WAC 173-27 and this Chapter 23.60A, the Director may adopt different time limits from those in subsection 23.60A.074.B as part of the decision on a shoreline substantial development permit. The Director may also, with approval from Ecology, adopt appropriate time limits as part of the decision on a shoreline conditional use or shoreline variance. "Good cause, based on the requirements and circumstances of the project," means that the time limits established are reasonably related to the time actually necessary to perform the project on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources. B. If the Director did not adopt different time limits on a permit decision, the following time limits shall apply: 1. Construction activities or substantial progress toward construction of a project or, if no construction activities are involved, the project for which a permit has been granted pursuant to this Chapter 23.60A shall be commenced within two years of the effective date of a shoreline substantial development permit or the permit shall terminate. The Director may authorize a single extension of the two year period not to exceed one year 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 on the shoreline substantial development permit and to Ecology; 2. If a project for which a permit has been granted pursuant to this Chapter 23.60A has not been completed within five years after the effective date of the shoreline substantial development permit, authorization to conduct construction activities shall expire unless the Director authorizes a single extension based on reasonable factors, for a period not to exceed one year, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the shoreline substantial development permit and to Ecology; 3. The effective date of a shoreline substantial development permit is the date of receipt as provided in RCW 90.58.140(6). The time periods in subsections 23.60A.074.A and 23.60A.074.B do not include the time during which a project, use or activity was not pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain other government permits and approvals for the project, use or activity, including all reasonably related administrative or legal actions on any such permits or approval; and 4. A Plan Shoreline Permit issued pursuant to Section 23.60A.066 is valid for a period of five years or as otherwise allowed by WAC 173-27-090. Project-specific shoreline permits must be applied for within that period to be considered pursuant to the determination made under the Plan Shoreline Permit. Development under project-specific permits shall conform to the time limits outlined in subsections 23.60A.074.A and 23.60A.074.B. (Ord. 124105 , § 3, 2013.)