A. Revision – When Required. A permit revision is required whenever the applicant proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this SMP, and/or the policies and provisions of Chapter 90.58 RCW. Changes which are not substantive in effect do not require approval of a revision.
When an applicant seeks to revise a permit, local government shall request from the applicant detailed plans and text describing the proposed changes. Proposed changes must be within the scope and intent of the original permit; otherwise a new permit may be required, pursuant to subsection B of this section.
B. Determination of Scope and Intent.
1. If the town determines that the proposed changes are within the scope and intent of the original permit, and are consistent with this SMP and the Act, the town may approve a revision. “Within the scope and intent of the original permit” means all of the following:
a. Ground area coverage and height may be increased a maximum of 10 percent from the provisions of the original permit;
b. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of this SMP except as authorized under a shoreline variance granted as the original permit or a part thereof;
c. Additional or revised landscaping is consistent with any conditions attached to the original permit and with this SMP;
d. The use authorized pursuant to the original permit is not changed; and
e. No adverse environmental impact, including disturbance of existing vegetation or natural drainages, will be caused by the project revision.
2. If the sum of the revision and any previously approved revisions are not within the scope and intent of the original permit, the town shall require that the applicant apply for a new permit.
C. Timing of Revision Authorization. Revisions to permits may be authorized after original permit authorization has expired under RCW 90.58.143. The purpose of such revisions shall be limited to authorization of changes which are consistent with WAC 173-27-100 and which would not require a permit for the development or change proposed under the terms of Chapter 90.58 RCW and this SMP. If the proposed change constitutes substantial development, then a new permit is required. Provided, this subsection shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit.
D. Filing of Revision.
1. The revision approval, including the revised site plans and text consistent with the provisions of SPMC 15.14.560 and this section as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section shall be filed with Ecology. In addition, the town shall notify parties of record of their action.
2. If the revision to the original permit involves a shoreline conditional use permit or shoreline variance, local government shall submit the revision to Ecology for Ecology’s approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. Ecology shall render and transmit to the town and the applicant its final decision within 15 days of the date of Ecology’s receipt of the submittal from local government. The town shall notify parties of record of Ecology’s final decision.
E. Effective Date of Revised Permit. The revised permit is effective immediately upon final decision by local government or, when appropriate under subsection D of this section, upon final action by Ecology.
F. Appeal of Revised Permit.
1. Appeals of a revised permit shall be in accordance with RCW 90.58.180 and shall be filed within 21 days from the date of receipt of the town’s action by Ecology or, when appropriate under subsection D of this section, the date Ecology’s final decision is transmitted to the town and the applicant.
2. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection A of this section.
3. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant’s own risk until the expiration of the appeals deadline.
4. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. [Ord. 580 Att. A § 7.16, 2019.]