30.71.050 Appeal of Type 1 decision.
(1) Who may appeal. Any aggrieved party of record may file an appeal of a Type 1 decision.
(2) Time and place to appeal. Appeals of a Type 1 decision, except as provided in subsection (3) of this section, shall be addressed to the hearing examiner and filed in writing with the department within 14 calendar days of the notice of the decision, except that appeals of a Type 1 decision issued concurrently with a SEPA threshold determination shall be filed within 21 calendar days of the notice of the decision, if the SEPA decision is a determination of nonsignificance that is required to have a public comment period pursuant to WAC 197-11-340.
(3) Shoreline appeals. Appeals of a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be filed with the state shorelines hearings board pursuant to SCC 30.44.250 and RCW 90.58.180.
(4) Fees. Each appeal filed on a non-shoreline Type 1 decision shall be accompanied by a filing fee in the amount of $500.00; provided that the filing fee shall not be charged to a department of the county; and provided further that the filing fee shall be refunded in any case where an appeal is dismissed in whole without hearing pursuant to SCC 30.71.060.
(5) Form of appeal. A person appealing a Type 1 decision must file a written statement setting forth:
(a) Facts demonstrating that the person is aggrieved by the decision;
(b) A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria. An appeal of a SEPA environmental document shall describe any alleged inadequacy in the threshold determination or environmental impact statement with respect to evaluation of a specific environmental element;
(c) The specific relief requested; and
(d) Any other information reasonably necessary to make a decision on appeal.
(6) Limitation on new appeal issues. No new substantive appeal issues may be raised or submitted after the close of the time period for filing of the original appeal. The hearing examiner, if procedural limitations allow, may allow an appellant not more than 15 calendar days to perfect an otherwise timely filed appeal. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-014, Mar. 19, 2003, Eff date Apr. 14, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020).