14.20.020 Initial Permit Application Procedure.
(1) Any person or entity planning to undertake development activity on Samish Indian Country must first apply for a development permit under this title regardless of whether the land is held in fee or in trust for the Tribe or leased to a third party. If the land in question is leased by the Tribe to a third party, including a tribal corporation, the entity seeking to develop on Samish Indian Country must still apply for a development permit under this title.
(2) Prior to submitting a formal application for a development permit, a potential applicant must notify the Director of their intent to develop Samish Indian Country. The Director’s contact information will be available at the Tribe’s administrative offices and on the Tribe’s website. The applicant shall schedule a preapplication conference with the Director to discuss the application process, proposed building plans, and other relevant information. The Director may include Chief Executive Team members, the THPO, and DNR in this meeting.
(3) All permit applications must include:
(a) Name, business address, and telephone number of the applicant;
(b) If the applicant is not an individual, the names and contact information of other individuals or entities with controlling or majority interest in the applicant entity;
(c) Exact location of the project including maps, parcel number(s) or other legal description, and routes of ingress and egress;
(d) A description of the project, including existing building, and impervious surface square footage, proposed cut and fill, proposed lot coverage and impervious surface area calculations, and proposed cut and fill in cubic yards.
(e) A site plan showing existing and proposed buildings, parking areas, existing and proposed streets, infrastructure, and other proposed improvements.
(f) A plan for cultural and environmental resource protection which includes mitigation measures that will be taken in the event of an inadvertent discovery of a gravesite, funerary objects, sacred objects, objects of cultural patrimony, or environmental resource;
(g) Self-disclosure of potential environmental or cultural resource impacts;
(h) Demonstration of adequate water supply; and
(i) Additional information, as deemed necessary by the Director.
(4) The Director may defer some application information for a later due date within the application process, as appropriate, to expedite review.
(5) The Director may assign addresses to proposed developments consistent with Samish standards and street names as established by Council.
(6) The Director, Natural Resources, or THPO may request additional meetings with the applicant at any point during the application process. These meetings may be used to gather further information about the development project or to assist the applicant with mitigation or land use plans.
(7) If the Director deems the development permit application complete, the application shall be submitted to Council for review. Council shall determine in the first instance if the proposed development activity is suitable for the Samish Indian Country described therein and whether the development activity is desirable for the Tribe. If the Council approves of the proposed development activity and its location, the development permit application shall then move on to land use review followed by environmental and cultural review upon notice to the applicant.
(8) If the Council does not approve the development permit application, it shall be considered a final decision under this title and the applicant shall be notified of their appeal rights. [Res. 2023-09-004 § 1, 2023; Res. 2021-11-001 § 7 (Att. A), 2021.]