HomeMy WebLinkAbout2592 Land Use Administrative Procedure RevisionsOrdinance No. °'~5
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS
030, 040, 090, 100, 120, 190, 210, 230, 270, 290, 310, AND 320 OF CHAPTER 20.01,
LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES, OF THE PORT
TOWNSEND MUNICIPAL CODE, TO IMPLEMENT REVISIONS TO LAND USE
ADMINISTRATIVE PROCEDURES IN ACCORDANCE WITH TITLES 17 AND 18
PTMC
Wlt-E~S, to implement the Port Townsend Comprehensive Plan, and in compliance with
the Washington Growth Management Act, Chapter 36.70A RCW, on April 7, 1997, the City Council
adopted new development regulations, Titles 17 and 18 PTMC; and
WHEREAS, in Titles 17 and 18 PTMC, the City revised certain permit types, added and
clarified land use regulations, and thereby changed the procedures for reviewing various land use
permit applications; and
WHEREAS, at the April 21, 1997 City Council meeting, the City Council adopted
ordinances creating a heating examiner appeals process for certain types of land use permit
applications; and
WHEREAS, this ordinance is intended to amend the City's land development application
procedures to be consistent with recently enacted City codes, to implement the City's Comprehensive
Plan,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. Section 20.01.030, Determination or proper type of procedure, subsection C,
is hereby amended to read as follows:
20.01.030 Determination of proper type of procedure.
A. Determination by Director. The director of the building and community development
department ("BCD") or his/her designee (hereinafter the "director") shall determine the proper
procedure for all development applications. If there is a question as to the appropriate type of
procedure, the director shall resolve it in favor of the higher procedure type number.
B. Optional Consolidated Permit Processing. An application that involves two or more
procedures may be processed collectively under the highest numbered procedure required for any part
of the application or processed individually under each of the procedures identified by the code. The
applicant may determine whether the application shall be processed collectively or individually. If the
application is processed under the individual procedure option, the highest numbered type procedure
must be processed prior to the subsequent lower numbered procedure.
C. Dedsionmaker(s). Applications processed in accordance with subsection B of this section
which have the same highest nurnbered procedure but are assigned different heating bodies shall be
heard collectively by the highest decisionmaker(s). The city council is the highest, followed by the
planning commission or heating examiner, as applicable, and then the director. Joint public hearings
with other agencies shall be processed according to PTMC 20.01.050.
D. Administrator. Upon issuance of a determination of completeness described in PTMC
20.01.110, the director shah assign an administrator to the project who will coordinate and be
responsible for all phases of development application administration. At any stage during project
review the director may assign a different project administrator.
E. SEPA Review. Project review conducted pursuant to the State Environmental Policy Act
(SEPA), Chapter 43.21C RCW, shall occur concurrently with project review set forth in this Chapter
20.01 PTMC. The SEPA review process, including all public comment procedures, is set forth in
Chapter 19.04 PTMC. Nothing contained in this Chapter 20.01 PTMC shall be construed to restrict
the need for full environmental review in accordance with Chapters 19.04 (SEPA) and 19.05
(Environmentally sensitive areas) PTMC. (Ord. ~ § 1, 1997; Ord. 2521 § 1, 1996).
SECTION 2. Section 20.01.040, Project permit application framework, is hereby amended
to read as follows:
20.01.040 Project permit application framework.
(see table next page)
2 Ord.
Permits/Decisions
Type I~ Type H Type HI Type IV Type V
Permitted uses not Short subdivisions and Preliminary tong full Final plats Port Townsend
requiring notice of txnmdary subdivisions; plat comprehensive plan
application (e.g., vacations and alterations amendments
building[ permits, etc.)
Binding site plans Lot line adjustments Recognition/subdivision Final planned Development
resulting in lot of l0 or more lots of unit regulations
reorientation record develooments
(PUDs~
Botmdary Lot line Revisions to shoreline '",.,~,,,~,s:- 4: ....... ~,~ },,~.,' .... Zoning text
adjustments management permits Major CUPs amendments and
zoning map
amendments
Minor amendments to Environmentally Shoreline management Annexations
planned trait sensitive area (ESA) permits
developments (PUDs) permits
Minor modifications to Minor variances PUDs and major Shoreline master
approved preliminary amendments to PUDs program (SMP)
short and full amendments
subdivisions/olats
Sign permits Minor conditional use Major variances Other land use and
permits (CUPs) utility plans and
amendments
Temporary uses Site-specific rezones
consistent with the Port
Townsend comprehensive
plan
Recoenition and
certification of 9 or
fewer lots of record
Street use permits
Land clearing/grading
Multiole family
develoument oermits
Home occupations
Shoreline exemptions
Street development
Permits
~ Assignment of a project to Type I status shall not limit or restrict the public notice and procedures available pursuant to RCW 43.21C
(SEPA) and Chapter 19.04 PTMC if a project is deemed to be subject to SEPA review.
3 Ord.
Action Type
Procedure Project Permit Applications (Type I - IV) Legislative
Type I Type H Type III Type IV Type V
Recommendation N/A N/A Planning N/A Planning commission
made by: commission
Final decision Admin. BCD director City council City City council
made by: council
Notice of No Yes Yes No N/A
application:
No Only if director's Yes, before the No Yes, before th~
decision is planning planning commission
appealed, open commission, to to make
Open record record hearing make recommendation to
Public hearing: before ke, alJllg recommendation city council
e~miner city to city council
Closed record No No Yes, before city N/A Yes, or council could
appeal/final council hold its own hearing
decision:
Judicial appeal: Yes Yes Yes Yes Yes
4 Ord.
Summary of Decisionmaking
Type I - Administrative without notice.
Type II - Administrative with notice, appealable to the hearing examiner.
Type III - Notice and open record public hearing before planning commission, with
recommendation to dty council. Final decision by city council, after closed public hearing (including
appeals).
Type IV - Closed record heating and decision by city council during regular council meeting.
Type V - Notice and public heating before planning commission, with planning commission
recommendation to city council. City council also provides notice and public hearing before making
final legislative decision.
(See Article IV, PTMC 20.01.200 through 20.01.280 for detailed description of project review and
approval process.) (Ord. § 2, 1997; Ord. 2521 § 1, 1996).
SECTION 3. Section 20.01.090, Preapplication conference, subsection C and F, are hereby
amended to read as follows:
20.01.090 Preapplication conference.
A. Mandatory Conference. Applications for project permit Type I actions proposing
impervious surfaces equal to or exceeding 5,000 square feet and/or nonsingle-family structures
5,000 square feet or over, Type II and Type III actions shall not be accepted by the director
unless the applicant has scheduled and attended a preapplication conference. The purpose of the
preapplication conference is to acquaint the applicant with the requirements of the Port Townsend
Municipal Code and to allow the director to provide the applicant with preliminary comments
based upon the applicant's preliminary sketch of the proposal.
B. Scheduling. The conference shall be held within 15 calendar days of the request.
C. Conceptual Design Review. Not 1~ than seven calendar da_vs prior to the
preapplication conference, :t: the applicant will bring submit to BCD, thc preapplication
eonferen~ a preliminary sketch or conceptual design which illustrates the applicant's generalized
ideas of the proposal. The sketch or conceptual design shall include approximate lot lines, general
topography of site, suggested vehicle access to the site, and provision of utilities. Final drawings
are discouraged at this preapplication stage. Additionally, for the preapplication conference, the
applicant shall identi~ all land uses on adjacent properties and all platted and opened roads
serving the site.
D. Information Provided to Applicant. At the conference or within seven calendar days
following the conference, the director shall provide the applicant with:
1. A form which lists the requirements for a completed application;
2. A general summary of the procedures to be used to process the application;
3. The references to the relevant code provisions or development standards which
may apply to the approval of the application; and
4. The city's historic preservation guidelines (if applicable).
E. Assurances Unavailable. It is impossible for the conference to be an exhaustive review
5 Ord.
of all potential issues. The discussions at the conference or the forms provided by the city to the
applicant under PTMC 20.01,090(1)) shall not bind or prohibit the city's future application or
enforcement of all applicable law and ordinances. No statements or assurances made by city
representatives shall in any way relieve the applicant of his or her duty to submit an application
consistent with all relevant requirements of city, state, and federal codes, laws, regulations and
land use plans.
F. Historic Preservation Committee (I-IPC) Meeting. If the director determines that the
application proposes a major project (as defined in Chapter 17.3g 17.80 PTMC) involving historic
preservation issues, the director may require that the applicant attend a mandatory preapplication
public meeting with the HPC or a representative of the I-IPC. HPC review at this stage shall be
conceptual only, in order to help familiarize the applicant with the city's historic preservation
design guidelines.
G. Optional Conferences. Preapplication conferences for all other types of applications not
specified in this section are optional, and requests for conferences will be considered on a
time-available basis by the director.
H. Fee. The applicant shall pay the fee set forth in Chapter 20.09 PTMC for the
preapplication conference. (Ord. ~ § 3, 1997; Ord. 2521 § 1, 1996).
SECTION 4. Section 20.01.100, Development permit application, subsection C, is
hereby amended to read as follows:
20.01.100 Development permit application.
A. Applications for project permits shall be submitted upon forms provided by the
director. The applicant is encouraged to schedule a presubmittal conference with the director
prior to submittal of the application.
B. An application shall consist of all materials required by the applicable development
regulations, and shall include the following general information:
1. A completed project permit application form, including SEPA checklist
submitted pursuant to PTMC 19.04.100;
2. A verified statement by the applicant that the property affected by the
application is in the exclusive ownership of the applicant, or that the applicant has submitted the
application with the written consent of all owners of the affected property. A photocopy of the
property deed shall be provided;
3. A property and/or legal description of the site for all applications, as required by
the applicable development regulations; 4. The applicable fee;
5. A site plan, showing the location of all proposed lots and points of access and
identifying all easements, deeds, restrictions, or other encumbrances restricting the use of the
property, if applicable;
6. Assessor's maps and a list of tax parcels and their owners for all properties
within 300 feet of the property and properties to which public notice must be sent as provided in
PTMC 19.04.220 (SEPA notice) for land use permits requiring a Type II, lII or IV decision; and
7. Any supplemental information or special studies identified by the director or
6 Ord.
project administrator.
C. In addition to the requirements set forth in subsection A of this section, complete
application requirements for the following land use permits are set forth in the following sections
of the Port Townsend Municipal Code:
1. Clearing and grading permits, see Uniform Building Code, Appn. Ch. 33,
Sections 3304 through 3318, "Excavation and Grading," adopted by PTMC 16.04.010;
2 ~. Building permits, see Chapter 16.04 PTMC;
3_ ~. Binding site plans, see Chapter 18.20 PTMC
4, Lot line adjustments, see Chapter 18.08 PTMC:
5_4. Preliminary plat, see Chapter 18.12 (Short subdivisions) and Chapter 18.16.
.(Full subdivisions), PTMC 18.20.020;
6. Subdivisions and recognition of lots of record, see Chapter 18.18 PTMC:
7 5. Planned unit developments (PUDs), see Chapter 17,32 17.40 PTMC;
8 6. Environmentally sensitive areas (ESA), see Chapter 19.05 PTMC;
~. C ~ '- -'"': .... ' ............:~- '- ............ :
17.64 PTMC;
9_ 8. Street development permits, see Chapter 12.04 PTMC 12.04.240.
10.Utility development permits, see Chapter 13.01 PTMC
11, Multi-family residential development permits, see Chapter 17.36 PTMC;
12. Mixed-use development permits, see Chapter 17.40 PTMC:
13, Home occupations, see Chapter 17.56 PTMC
14. Temporaw_ use permits, see Chapter 17.60 PTMC;
15. Sign permits, see Chapter 17.76 PTMC:
16. Wireless telecommunication standards, see Chapter 17.78 PTMC:
17. Conditional uses, see Chanter 17.84 PTMC:
18. Variances, see Chanter 17.86 PTMC.
D. The director may waive specific submittal requirements determined to be unnecessary
for review of an application. In such event, the director shall document the waiver in the project
file or project log. (Ord. § 4, 1997; Ord. 2521 § 1, 1996).
SECTION 5. Section 20.01.120, Referral and review of development permit
applications, subsection C, is hereby amended to read as follows:
20.01.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the director shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to each
affected agency and city department for review and comment, including those agencies
responsible for determining compliance with state and federal requirements. The affected agencies
and city departments shall have 10 calendar days to comment. The director may grant an
extension of time if needed.
B. Environmental Review. Developments and planned actions subject to the State
7 Ord.
Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall be reviewed in accordance with
the polities and procedures contained in Chapter 19.04 PTMC. SEPA review shall be conducted
concurrently with development project review. The following are exempt from concurrent review:
1. Projects categorically exempt from SEPA; and
2. Components of planned actions previously reviewed and approved in the Port
Townsend comprehensive plan or amendments thereto to the extent permitted by law and
consistent with the SEPA environmental determination for the planned action.
C. Historic Preservation Committee (HPC) Review. For those actions subject to design
review pursuant to Chapter 17.80 ~ PTMC, the director shall refer the application to HPC.
Pursuant to Chapter 17.80 17.3§ PTMC, HPC shall hold one or more public meeting(s) as
necessary to consider the application. HPC review shall be completed within 45 calendar days
after the issuance of the determination of completeness, HPC recommendations shall be based
upon design guidelines formally adopted by the city council and shall be included in the staff
report and recommendation transmitted to the hearings body pursuant to PTMC 20.01.220. For
Type I administrative permits, BCD shall review HPC recommendations and shall incorporate
those recommendations as permit conditions and requirements, so long as the recommendations
are based upon formally adopted design guidelines or are based upon a voluntary agreement of
the applicant.
D. If a Type III procedure is required, BCD shall provide for notice and heating as set
forth in PTMC 20.01.150 through 20.01.190. (Ord. ~ § 5, 1997; Ord. 2521 § 1, 1996).
SECTION 6. Section 20.01.090, Notice of public heating, subsection B.4, is hereby
amended to read as follows:
20.01.190 Notice of public hearing.
A. Content of Notice of Public Hearing for All Types of Applications. The notice given of
a public hearing required in this chapter shall contain:
1. The name and address of the applicant or the applicant's representative;
2. Description of the affected property, including the street address (if any) and
either a vicinity location (including roadway intersections) or written description, other than a
legal description, reasonably sufficient to inform the public of the location; 3. The date, time and place of the heating;
4. A description of the nature of the proposed use or development;
5. A statement that all interested persons may appear at the heating and provide
oral or written comments or testimony;
6. Where information may be examined, and when and how written comments
addressing findings required for a decision by the hearing body may be submitted;
7. The name of the city staff contact or representative and the telephone number
where additional information may be obtained;
8. That a copy of the application and staff report, and all documents and evidence
relied upon by the applicant and applicable criteria are available for inspection at BCD at no cost.
B. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
1. Type I, Type II, and Type IV Actions. No mailed public notice is required
S Ord.
because no public heating is held, except on an appeal of a Type II action.
2. Type III Actions. The notice of public heating shall be mailed to:
a. The applicant;
b. All owners of property within 300 feet of any portion of the subject
property; and
c. Any person who submits written comments on an application.
3. Type III Preliminary Plat Actions. In addition to the notice for Type m actions
above, additional notice for preliminary plats and proposed subdivisions shall be provided as
follows:
a. Notice of the filing of a preliminary plat application of a proposed
subdivision located adjoining the city's municipal boundaries shall be given to the appropriate
county officials;
b. Notice of the filing of a preliminary plat application of a proposed
subdivision located adjacent to the right-of-way of a state highway or within two miles of the
boundary of a state or municipal airport shall be given to the Washington State Secretary of
Transportation, who must respond within 15 calendar days of such notice;
c. Special notice of the heating shall be given to adjacent landowners by
any other reasonable method the city deems necessary. Adjacent landowners are the owners of
real property, as shown by the records of the county assessor, located within 300 feet of any
portion of the boundary of the proposed subdivision. If the owner of the real property which is
proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to
the real property proposed to be subdivided, mailed notice under RCW 58.17.090(1)(b) and
PTMC 20.01.190 shall be given to owners of real property located within 300 feet of any portion
of the boundaries of such adjacently located parcels of real property owned by the owner of the
real property proposed to be subdivided.
4. Type V Actions. For Type V legislative actions, the city shall publish notice as
described in Chapter 20.04 PTMC 17.60.030, and all other notice required by city code and RCW
35.23.221.
5. General Procedure for Mailed Notice of Public Heating.
a. The records of the Jefferson County assessor's office or an adjacent
property ownership list prepared by a licensed title company shall be used for determining the
property owner(s) of record. The applicant shall provide the list of property owner(s) of record to
BCD. Addresses for a mailed notice required by this chapter shall be obtained from the county's
real property tax records. The director shall issue a sworn certificate affirming mailing of notice to
all persons entitled to notice under this chapter. The director may provide notice to other persons
than those required to receive notice under this chapter.
b. All public notices shall be deemed to have been provided or received on
the date the notice is deposited in the mail or personally delivered, whichever occurs first.
C. Procedure for Posted or Published Notice of Public Heating.
1. Posted notice of the public heating is required for all Type m project permit
applications. The posted notice shall be posted as required by PTMC 20.01.160(A)(1).
2. Published notice is required for all Type II procedures involving an open record
public heating, Type III, and Type V procedures. The published notice shall be published in the
9 Ord.
city's official newspaper. Published notice is not required for closed record public hearings before
the city council, as no new testimony or evidence is allowed at such hearings. Mailed notice of the
closed record public hearing shall be provided for all parties of record.
D. Time and Cost of Notice of Public Hearing.
1. Notice of a public heating shall be mailed, posted and first published not less
than 10 nor more than 45 calendar days prior to the hearing date. Any posted notice shall be
removed by the applicant within 15 calendar days following the public heating.
2. All costs associated with the public notice shall be borne by the applicant.
(Ord. __, § 6, 1997; Ord. 2521 § 1, 1996).
SECTION 7. Section 20.01.210, Administrative approvals subject to notice (type II),
subsection B, is hereby amended to read as follows:
20.01.210 Administrative approvals subject to notice (Type H).
A. The director may grant approval, preliminary approval, or approval with conditions, or
may deny (with or without prejudice) all Type II permit applications, subject to the notice and
appeal requirements of this section. The director shall issue written findings and conclusions
supporting Type II decisions.
B. Final Administrative Approvals. Administrative decisions under this section shall
become final subject to the following:
1. An applicant or other party of record who may be aggrieved by the
administrative decision may appeal the decision to the city'~ hearing examiner,,,.,~,,1,~l,,'~" provided,
that a written appeal in conformance with Chapter 1.14 PTMC 20.01.3 I¢, is filed within 14
calendar days after the notice of the decision, or within 21 calendar days if a SEPA determination
ofnonsignificance is issued concurrently with and as part of the permit decision. All appeals to
th~ hearing examiner shall be processed in accordance with Chapter 1.14 PTMC.
2. If no appeal is submitted, the preliminary approval becomes final at the
expiration of the notice period.
3. If a written notice of appeal is received within the specified time the matter will
be referred to the heating examiner cky council for a public heating. The decision of the heating
examiner shall be the final city. decision.
4. Pursuant to PTMC 19.04.280, SEPA determinations of significance (DS) shall
not be appealable. (Ord. § 7, 1997; Ord. 2521 § 1, 1996).
SECTION 8. Section 20.01.230, City council action, subsection A, is hereby amended to
read as follows:
20.01.230 City council action.
A. Actions. Upon receiving a recommendation from the planning commission or notice of
any other matter requiting the council's attention, the council shall perform the following actions
as appropriate:
1. Hold a closed record public heating and make a decision on a planning
commission recommendation, including consideration of any appeals of the planning commission
10 Ord.
recommendation.
2. At the council's discretion, hold a public hearing and make a decision on the
following matters:
a. Appeal of administrative interpretations.
u. ~'xlJp~a~ ~a. x ylJ~ ~ appx,~vmo.
b d. Other matters not prohibited by law.
3. Make a decision after reviewing Type IV actions.
B. Decisions. The city council shall make its decision by motion, resolution, or ordinance
as appropriate. In its decision regarding ~--ype-H-and Type III actions, the city council shall adopt
written findings and conclusions (either those recommended by the planning commission or
findings and conclusions prepared by the council).
1. A city council decision on a planning commission recommendation following a
closed record public hearing shall include one of the following actions:
a. Approve as recommended;
b. Approve with additional conditions;
c. Modify, with or without the applicant's concurrence; provided, that the
modifications do not:
i. Enlarge the area or scope of the project,
ii. Increase the density or proposed building size, or
iii. Significantly increase adverse environmental impacts as
determined by the responsible official;
d. Deny without prejudice (reapplication or resubmittal is permitted);
e. Deny with prejudice (reapplication or resubmittal is not allowed for one
year); or
f. Remand for further proceedings and/or evidentiary hearing in accordance
with PTMC 20.01.270.
2. A council decision following a closed record appeal hearing shall include one of
the following actions:
a. Grant the appeal in whole or in part;
b. Deny the appeal in whole or in part;
c. Remand for further proceedings and/or evidentiary hearing in accordance
with PTMC 20.01.270. (Ord. § 8, 1997; Ord. 2521 § 1, 1996).
SECTION 9. Section 20.01.070, Remand, is hereby amended to read as follows:
20.01.270 Remand.
In the event the city council determines that the public hearing record, the record on appeal as
applicable, ,,, ,,~ ,,,,~,~,,, o ,~,~,,,,, ~.~,, a .~,~ ,~ },~.,.,~; are insufficient or otherwise flawed, the
council may remand the matter back to the planning commission or director, as applicable, to
correct the deficiencies. The council shall specify the items or issues to be considered and the time
frame for completing the additional work. The council may hold an open record public hearing on
an appeal of a planning commission recommendation only for the limited purposes identified in
11 Ord.
RCW 34.05.562(1) (involving allegations challenging the legal validity of the planning
commission proceedings). In appeals of T_vpe II decisions, the hearing examiner may remand the
director's decision to the director to correct any deficiencies. (Ord. § 9, 1997; Ord. 2521 §
1, 1996).
SECTION 10. Section 20.01.290, Appeal of administrative interpretations and
approvals, is hereby amended to read as follows:
20.01.290 Appeal of administrative interpretations and approvals.
Administrative interpretations a~ad - ~---'---: ..... ~' .............. ' -
,~,,,,..,-~.,~L,w Type ~ ~vt, x,,v,~,o may be appealed, by
applicants or parties of record, to the city council. Administrative T_vpe II decisions may be
appealed to the hearing examiner in accordance with Chapter 1.14 PTMC. Type I approvals may
not be appealed to city council. (Ord. __ § 10, 1997; Ord. 2521 § 1, 1996).
SECTION 11. Section 20.01.310, Appeal to the city council, subsection A, is hereby
renamed and amended to read as follows:
20.01.310 Appeals Procedure to th~ --' ........ "
A. Filing. Every appeal of an administrative decision, as well as recommendations of the
~_ ~L _ _: ........ -" shall be filed with the director within 14 calendar days
t~lannim, commission. L,,
after the date of the recommendation or decision of the matter being appealed; provided,
however, appeals of Type II decisions shall be filed within the time periods set forth in PTMC
20.01.210 (14 calendar days) and SEPA appeals shall be filed in accordance with PTMC
19.04.280 (21 calendar days). A notice of appeal shall be delivered to BCD by mail or personal
delivery, and must be received by 4:00 p.m. on the last business day of the appeal period, with the
required appeal fee.
B. Contents. The notice of appeal shall contain a concise statement identifying: 1. The decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the matter;
3. The specific reasons why the appellant believes the decision to be wrong. The
appellant shall bear the burden of proving the decision was wrong;
4. The desired outcome or changes to the decision; and
5. The appeal fee.
All requests for reconsideration filed pursuant to PTMC 20.01.260 shall contain all information
required in this section.
C. Any notice of appeal not in full compliance with this section shall not be considered.
(Ord. § 11, 1997; Ord. 2521 § 1, 1996).
12 Ord.
SECTION 12. Section 20.01.320, Judicial Appeal, subsection A, is hereby amended to
read as follows:
20.01.320 Judicial appeal.
A. Appeals from the final decision of the city council and hearing examiner and appeals
from any other final decisions specifically authorized (subject to timely exhaustion of all
administrative remedies) shall be made to Jefferson County superior court within 21 calendar days
of the date the decision or action became final, as defined in PTMC 20.01.280(B), unless another
time period is established by state law or local ordinance. All appeals must conform with
procedures set forth in Chapter 36.70C RCW.
B. Notice of the appeal and any other pleadings required to be filed with the court shall be
served on the city clerk, and all persons identified in RCW 36.70C.040, within the applicable time
period. This requirement is jurisdictional.
C. The cost of transcribing and preparing all records ordered certified by the court or
desired by the appellant for such appeal shall be borne by the appellant. Prior to the preparation of
any records, the appellant shall post with the city clerk an advance fee deposit in the amount
specified by the city clerk. Any overage will be promptly returned to the appellant. (Ord. 2521 §
1, 1996).
SECTION 13. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional
by a court of competent jurisdiction, such order or judgment shall not affect the validity or
constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of
each clause, sentence, paragraph, section or part of this law are declared severable.
This ordinance shall take effect and be in force five days after the date of its publication in
the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 19th day of May, 1997.
Attest:
City Clerk ~
05/14/97 CA§ [Title 20] Ord\{Ch20-01.doe}
13
Julie ~vl/e(Culloch, Mayor
Ap~
[1V[cM&an, City Attorney