HomeMy WebLinkAboutCONSENT Hearing Notice re CAO - Appendix C to G redline
Appendix C - 1
APPENDIX C
Chapter 17.05 JCC
17.05.050 Additional requirements.
The following ordinances and requirements may qualify or supplement the regulations presented in this division.
Where the regulations of this division, those set forth below, or any other local, state, or federal regulations overlap,
the most restrictive and/or protective standards shall apply.
(1) Article VI-D et seq. of Chapter 18.15 JCC, environmentally sensitive areasChapter 18.22 JCC (Critical Areas)
(2) JCC 18.30.070, Stormwater management standards;
(3) Chapter 18.35 JCC, Land Divisions, as amended by this division;
(4) Chapter 246-272 WAC, On-Site Sewage Systems;
(5) Chapter 18.25 JCC, Shoreline Management Master Program;
(6) Ordinance No. 01-0121-97, Forest Lands Ordinance, as amended by this division (see JCC 17.10.060) to limit
agreements pursuant to section 7.20(1) of the Forest Lands Ordinance so that when a new structure is proposed on
land adjacent to land designated as commercial forest land, in no case shall an agreement be made which allows the
setback to be reduced to less than 150 feet and, further, a minimum average setback of 200 feet shall be maintained,
exclusive of critical areas and their associated setbacks;
(7) All local and state monitoring, operational, and management requirements for sewer, water, and stormwater
utilities, updated as may be required by the local or state agency with jurisdiction;
(8) Land use procedures of JCC Title 18, Unified Development Code.
Appendix D - 1
APPENDIX D
Chapter 18.10
18.10.020 B definitions.
“Buffer” means an area that is intended to protect the functions and values of a critical areas or a shoreline.
Protecting these functions and values may includes the preservation of existing native and nonnative vegetation
where it exists, unless otherwise required to be replaced with native vegetation through mitigation or voluntarily
enhanced or restored.
“Buffer zone, strip, or area” means an area designed to separate incompatible uses or activities.
18.10.060 F definitions.
“Fish habitat” has the same meaning as in WAC 222-16-010.
18.10.160 P definitions.
“Practicable alternative” means an alternative that is available and capable of being carried out after taking into
consideration cost, existing technology, and logistics in light of overall project purposes, and having less impact to
critical areas. It may include an area not owned by the applicant which could reasonably have been or be obtained,
utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.
18.10.170 Q definitions.
“Qualified professional or individual” means an agency or individual based on schooling,
certifications, or experience has demonstrated to the administrator’s satisfaction that they are qualified to perform
simple activities including but not limited to restoration or enhancement plans.
18.10.180 R definitions.
“Reasonable alternative” means an activity that could feasibly attain or approximate a proposal’s objectives, but at a
lower environmental cost or decreased level of environmental degradation. Reasonable alternatives may be those
over which the regulatory authority has authority to control impacts.
18.10.190 S definitions.
“Shoreline buffer” means any buffer required by chapter 18.25 JCC.
“Standard buffer” means a buffer that has a standard width required by chapter 18.22 JCC or chapter 18.25 JCC.
18.10.210 U definitions.
“Utilities, public” means facilities serving the public through a network of wires or pipes, and ancillary structures
thereto, including systems for the delivery of natural gas, electricity, and telecommunications services.
“Utilities, private” means utilities including but not limited to gas, electric, water, sewer, stormwater and
telecommunication service lines that are not public utilities is owned and maintained by a property owner or a
private company, These utilities often extend beyond service meters or public lines, including lines to specific
buildings, facilities, or private infrastructure.
“Utility distribution lines” means pipes, wires, and associated structural supports serving more than one parcel.
18.10.230 W definitions.
“Wetland buffer” means the area immediately adjoining and contiguous with a wetland.
“WASHD” means the Washington State Department of Ecology’s Washington State
Hydrography Dataset Program (WASHD).
Appendix E - 1
APPENDIX E
Chapter 18.30 JCC
18.30.080 Roads.
(1) General. The following shall apply to all public and private roads, including any road in a development subject to
Chapter 18.35 JCC, Land Divisions:
(a) Transportation facilities shall be designed and constructed in conformance with the following reference manuals
and standards of the Jefferson County department of public works which are hereby adopted by reference in this
code, including:
(i) American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Design
of Highways and Streets, Standard Specifications for Highway Bridges, and Roadside Design Guide;
(ii) Washington State Department of Transportation (WSDOT) Local Agency Guidelines, Highway Design Manual,
Bridge Manual, Construction Manual, Highway Runoff Manual, Hydraulics Manual, Plans Preparation Manual,
Standard Specifications for Road, Bridge, and Municipal Construction, and Standard Plans for Road, Bridge, and
Municipal Construction;
(iii) Washington Department of Ecology Stormwater Management Manual;
(iv) Federal Highway Administration Manual on Uniform Traffic Control Devices;
(v) Institute of Transportation Engineers (ITE) Trip Generation Manual; and
(vi) Transportation Research Board (TRB) Highway Capacity Manual, Special Report No. 209.
(b) Bridges shall be designed and constructed in conformance with the standards of the department of public works
identified by reference in this code. Bridge design and construction shall be certified by a licensed engineer.
(c) Road signs and traffic signs shall be installed in conformance with the standards of the department of public
works identified by reference in this title.
(d) Drainage, erosion control, and stormwater management facilities shall comply with the requirements of the storm
drainage standards contained in JCC 18.30.070 and the Washington Department of Ecology Stormwater
Management Manual, and any other applicable Jefferson County standards.
(e) The applicant shall submit plans for construction of roads, bridges, stormwater management facilities, and/or
land disturbing activities regulated by this code to the department of public works for review and approval prior to
commencing construction.
(f) Clearing, grading, and construction of roads, bridges, utilities, and stormwater management facilities shall be
inspected by the department of public works. In order to enable the department to conduct inspections in a timely
manner, the applicant shall notify the department in a timely manner regarding the project construction schedule.
The following road inspections are typically required:
(i) Installation of temporary erosion and sediment control measures;
(ii) Clearing and road subgrade preparation;
(iii) Placing roadway gravel base;
Appendix E - 2
(iv) Placing roadway crushed surfacing top course;
(v) Placing improved roadway surface (chip seal or asphalt concrete);
(vi) Construction of stormwater management facilities; and
(vii) Final plat review.
Additional inspections may be necessary based on site-specific conditions or the nature of the project.
(g) The department of public works may require development applicants to submit a traffic analysis prepared by a
licensed engineer in order to determine the potential off-site impacts to public and private transportation facilities
from proposed subdivisions.
(h) Subdivision road systems shall provide access to the public road system at two locations, when feasible. One
access location may be allowed based on a finding by the department of public works that a single access location is
adequate to protect the public health, safety, and welfare.
(i) Access to subdivisions from arterial and collector roads shall be restricted. Lots shall be accessed from an internal
access road system, unless the lots are accessed from a local access road.
(j) Developments shall make appropriate provision to ensure safe walking conditions for pedestrians and for students
who walk to and from school. Construction of road improvements, sidewalks, trails, or bicycle facilities may be
required in order to meet this standard.
(k) Subdivisions shall make appropriate provision for transit and school bus stops.
(l) When a proposed subdivision is adjacent to a county road, a right-of-way 30 feet in width from the roadway
centerline shall be conveyed to Jefferson County by either statutory warranty deed or dedication in fee simple on the
plat, if such right-of-way has not been previously conveyed.
(m) Easements for private roads providing access to and/or internal circulation within subdivisions shall be 60 feet
in width. Easement width may be reduced on the recommendation of the department of public works based on a
finding that the public health, safety, and welfare will be protected and that the easement width is adequate for the
construction and maintenance of roads and utilities. Where reduced access easement widths are proposed, parallel
utilities easements may be required.
(n) Access easements from the county road system to the subdivision shall be provided consistent with the
requirements of this code. Access from the public road system shall be depicted on the final plat.
(o) Subdivision road names shall be approved by the board of county commissioners based on a recommendation by
the department of public works and in compliance with Cchapter 12.20 JCC, 911 Emergency Locator System.
(p) Subdivisions shall establish an agreement for the continuing maintenance of private roads either by recording a
separate instrument and referencing said instrument on the plat or by declaring a maintenance agreement on the plat.
The applicant shall submit the maintenance agreement to the department of public works for review and approval
prior to final plat approval.
(q) All required construction of roads, bridges, utilities, and stormwater management facilities shall be inspected and
approved by the department of public works prior to final development approval.
(r) Developments proposing access to county collector roads and state highways shall make appropriate access
improvements to ensure that mobility on these roadways is not degraded. The design of access improvements shall
be reviewed and approved by the Jefferson County engineer for county roads and by the Washington Department of
Transportation for state routes.
(s) Subdivision applicants may post a surety guaranteeing completion of subdivision improvements within one year
Appendix E - 3
of final plat approval. The surety shall be reviewed and approved by the department of public works. The surety
shall be for 200 percent of the cost of constructing the improvements based on an estimate prepared by a licensed
engineer. In the event that the applicant does not complete construction of improvements within one year, the
department of public works shall be authorized to complete the construction and pay for the work from the surety
account. Surety shall not be accepted for water supply development other than distribution facilities.
(t) A maintenance bond guaranteeing any improvements required by this code for two years may be required by
Jefferson County as a condition of final plat approval. Maintenance bonds shall be approved by the department of
public works.
(u) Applications requiring review by the department of public works to meet the requirements of this section shall be
assessed hourly review fees in accordance with the Jefferson County fee schedule. By making application, the
applicant agrees to reimburse the department for its expenses even if the proposal is denied by subsequent action of
the county or the proposal is otherwise not completed.
(v) Modifications to design and construction standards for a specific road project may be approved by the county
engineer.
(2) Public Roads.
(a) General.
(i) The Jefferson County engineer is responsible for the design and construction of all county roads.
(ii) The standard right-of-way width is 60 feet for all public roads.
(iii) Roadway monumentation shall be approved by the department of public works.
(iv) Road access permits are required for access to county roads. Applications will be reviewed by the administrator
for the requirements of the environmentally sensitive areas overlay district (see Article VI-D of
Chapter 18.15 JCC)chapter 18.22 JCC (Critical Areas) and of the State Environmental Policy Act (Article X of
Chapter 18.40 JCC) prior to being approved by the county engineer. Such permits shall be limited as follows:
(A) The number of access points along roads shall be limited to one per parcel, except:
• For agricultural access;
• When the parcel topography makes a single access point impractical for the entire parcel;
• When access is being provided for commercial uses with 20 or more parking spaces; or
• When additional access points are required or approved by the county engineer.
(B) New access points to arterial roads shall not be allowed if reasonable access from any other road is available.
(C) Road access points shall have a clear and unobstructed sight distance in both directions adequate to ensure
public safety. Appropriate site distances shall be determined by the county engineer, based on speed limit, roadway
surface, and other pertinent factors.
(D) Storm drainage and culvert sizing shall be based upon engineering analysis and the standards of
JCC 18.30.060(2) and 18.30.070. Maximum length of surface drainage for roadside ditches before discharging onto
adjacent property or into natural drainageway shall be 1,000 feet.
(E) The permits shall be conditioned to address impacts to environmentally sensitive areas or as indicated by SEPA
analysis, if applicable.
(F) The county engineer shall have the authority to approve or deny all road access permits, which decision is final
Appendix E - 4
and not subject to administrative appeal.
(b) Road and Right-of-Way Dedication.
(i) Where any public road right-of-way abutting a property proposed for a development is subject to a conditional
use permit or to Chapter 18.35 JCC, Land Divisions, and has insufficient width to conform to the county’s adopted
road standards for the class of road involved, the county engineer may:
(A) Require the dedication of sufficient additional right-of-way to bring the abutting half of the right-of-way
(measured from the existing county road centerline) into conformance with the adopted standards; and
(B) Obtain additional easements to cut and fill on the subject property adjacent to the county road, and to provide for
drainage of surface and stormwater runoff by directing the runoff along or into natural drainageways on lots adjacent
to the county road. Such drainage should be designed and mitigated to avoid or minimize impacts to the
environment and to the affected properties.
(ii) The county may accept the dedication of new county roads and rights-of-way subject to the following standards:
(A) Only if all of the following criteria are met:
• The road right-of-way is at least 60 feet in width and is dedicated to Jefferson County in fee simple;
• The road meets all other county standards; and
• An evaluation by the county engineer deems the road to be of general public benefit.
(B) When roads are proposed to be dedicated to Jefferson County, the county engineer shall make a report to the
board of county commissioners regarding the practicality and necessity of accepting the dedication, the effect of the
dedication on traffic circulation, and any other matters deemed to be material by the county engineer.
(C) All road rights-of-way dedications shall be processed in accordance with final plat procedures contained in
Chapter 18.35 JCC, Land Divisions.
(c) Road Vacations. All applications to the board of county commissioners seeking vacation of a county road right-
of-way or any portion of one shall be subject to the requirements of Chapter 12.10 JCC, Road Vacations.
18.30.180 On-site sewage disposal best management practices in critical aquifer recharge areas.
All land uses identified in Article III of Cchapter 18.22 JCC and special aquifer recharge protection areas that are
also classified as susceptible aquifer recharge areas (as defined Cchapter 18.22 JCC) shall adhere to be designated
areas of special concern pursuant to WAC Title 246. Consistent with WAC Title 246, the Jefferson County board of
health determines the best management practices (BMPs) established in chapter 8.15 JCC to meet minimum on-site
sewage system design standards for sites that are within both a susceptible aquifer recharge area and a special
aquifer recharge protection area (as identified in Article III of Cchapter 18.22 JCC). The current BMPs, subject to
modification from the Jefferson County board of health, are:
(1) The contaminants of concern, bacteria and nitrogen, are not fully treated (removed) from wastewater in Type 1
and 2 soils (excessively coarse and coarse) with conventional gravity fed on-site sewage systems. To more
adequately protect the groundwater in these areas from contamination by these elements the standards in this section
have been developed utilizing a combination of treatment systems and land use density parameters.
(2) Where land use densities are such that adequate aquifer protection is not ensured, best management practices for
on-site sewage shall apply to new development, or expansion (as defined in WAC 246-272A-0010) of existing
development when an on-site sewage disposal system is installed.
(a) Tables 1 and 2 shall be used to determine the type of on-site sewage disposal system required and the
minimum lot size in different soil types where public water is available. Lot size requirements are taken from
the Washington State On-Site Sewage Code, Chapter 246-272A WAC, Table X. Soil textural classifications
Appendix E - 5
and minimum standards for methods of effluent distribution for soil types and depths are taken from Chapter
246-272A WAC, Tables V and VI, respectively.
(b) In critical aquifer recharge areas, no on-site sewage permit will be issued where public water systems are
not available on lots less than one acre, except as permitted in subsection (2)(c) of this section.
(c) When lots sizes do not meet the area requirements specified in Tables 1 and 2, and lot consolidation is
impracticable, an approved composting toilet and greywater treatment system may be permitted. Permits for
composting toilets shall include a condition requiring further treatment of toilet waste at the Port Townsend
composting facility or other approved site. On-site use or disposal of the toilet-generated compost shall not be
allowed.
(d) BMPs shall be updated as new technologies are reviewed and approved by Jefferson County public health
and/or Washington State Department of Health. Criteria for review of new or existing systems will include, but
not be limited to, adequate laboratory evidence provided by the system proprietor of a minimum of 50 percent
total nitrogen reduction prior to final disposal. Currently, acceptable BMPs include:
(i) Intermittent sand filter followed by a shallow pressure distribution system (also meets Treatment Level
B);
(ii) Recirculating gravel filter;
(iii) Composting and incinerating toilets – if these are used, greywater from the facility shall be treated by
the method normally required by the site and soil conditions required under Chapter 246-272A WAC. For
example: Type 1 soils require Treatment Level B under Chapter 246-272A WAC. Only composting or
incinerating toilets on the List of Registered On-Site Treatment and Distribution Products by the
Washington Department of Health may be permitted;
(iv) Treatment units listed in Washington State Department of Health Registered Products meeting
Treatment Level N.
(e) Systems that meet Treatment Levels A and B and N are listed and approved by the Washington State
Department of Health and are available in the List of Registered On-Site Treatment and Distribution Products.
Only those systems that meet Treatment Levels specified in Chapter 246-272A WAC and meet Treatment
Level N or are listed as nitrogen reduction BMPs (in subsection (2)(d) of this section) meet the standard for
critical aquifer recharge area requirements in Type 1 soils.
(f) Where a question/disagreement regarding the soil texture exists the following procedure shall be used:
(i) Sample will be taken in the presence of Jefferson County public health staff.
(ii) Chain of custody protocol shall be followed.
(iii) Lab reports shall be sent to Jefferson County environmental health division and the applicant, or
applicant’s representative, for review.
Table 1
On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Three Feet Vertical
Separation in Critical Aquifer Recharge Areas
1
Note: “NO3 BMP” refers to the nitrogen reduction best management practices listed in subsection (2)(d) of this
section or Treatment Level N in Chapter 246-272A WAC.
Appendix E - 6
Soil Type (as defined in Chapter 246-272A WAC)
Minimum
Lot Size2 1 2 3 4 5 6
>1.0 ac Treatment
Level A or B
Pressure
Distribution
Conventional
Gravity
Conventional
Gravity
Conventional
Gravity
Conventional
Gravity
22,000 sq. ft. Treatment
Level A or B
that is also
listed as NO3
BMP
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
0.5 ac
(21,780 sq.
ft.)
Treatment
Level A or B
that is also
listed as NO3
BMP
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
20,000 sq. ft. NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
18,000 sq. ft. NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
15,000 sq. ft. NO3 BMP Shallow
Pressure
Distribution
12,500 sq. ft. NO3 BMP
1As defined in Article III of Chapter 18.22 JCC.
2Per unit volume of sewage (450 gallons per day), WAC 246-272A-0010.
Table 2
On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Two Feet But Less
Than Three Feet of Vertical Separation, for Development in Critical Aquifer Recharge Areas
3
Note: “NO3 BMP” refers to the nitrogen reduction best management practices listed in subsection (2)(d) of this
section or Treatment Level N in Chapter 246-272A WAC.
Soil Type (as defined in Chapter 246-272A WAC)
Minimum
Lot Size4 1 2 3 4 5 6
>1.0 ac Treatment
Level A or B
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
22,000 sq. ft. Treatment
Level A or B
that is also
listed as NO3
BMP
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
0.5 ac Treatment NO3 BMP Shallow Shallow Shallow
Appendix E - 7
Soil Type (as defined in Chapter 246-272A WAC)
Minimum
Lot Size4 1 2 3 4 5 6
(21,780 sq.
ft.)
Level A or B
that is also
listed as NO3
BMP
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
20,000
sq. ft.
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
18,000
sq. ft.
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
15,000
sq. ft.
NO3 BMP Shallow
Pressure
Distribution
12,500
sq. ft.
NO3 BMP
3As defined in Article III of Chapter 18.22 JCC.
4Per unit volume of sewage (450 gallons per day), WAC 246-272A-0010.
The Jefferson County board of health has the authority to modify these BMPs, provided there is compliance with
WAC Title 246. The above BMPs are in effect until modified by the Jefferson County board of health, consistent
with WAC Title 246. [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
Appendix F - 1
APPENDIX F
Chapter 18.40 JCC
18.40.010 Purpose.
Articles I through VI of this chapter are a mechanism for implementing the provisions of Cchapter 36.70B RCW
(the Local Project Review Act) regarding compliance, conformity, and consistency of proposed projects with the
Jefferson County Comprehensive Plan and development regulations.
(1) Given the extensive investment that public agencies and a broad spectrum of the public have made and shall
continue to make in Jefferson County’s Comprehensive Plan and development regulations, it is essential that project
review start from the fundamental land use planning choices made in the Comprehensive Plan and regulations. If the
Comprehensive Plan or regulations identify the type of land use, specify density and identify and provide for the
provision of public facilities needed to review the proposed development and site, these decisions, at a minimum,
provide the foundation for further project review unless there is a question of code interpretation. The project review
process, including the environmental review process under Cchapter 43.21C RCW and the consideration of
consistency, should start from this point and should not reanalyze these land use planning decisions in making a
permit decision, unless the county finds that the Comprehensive Plan and regulations do not fully foresee site-
specific issues and impacts identified through land use project application review.
(2) Comprehensive plans and development regulations adopted by the county under Cchapter 36.70A RCW (the
Growth Management Act), sub-area plans, and environmental policies, laws and rules adopted by the county, the
state, and the federal government address a wide range of environmental subjects and impacts. These provisions
typically require environmental studies and contain specific standards to address various impacts associated with a
proposed development (e.g., building size and location, drainage, transportation requirements, and protection of
environmentally sensitive areascritical areas). When the county applies these existing requirements to a proposed
project, some or all of a project’s potential environmental impacts may be avoided or otherwise mitigated. Through
the integrated project review process described in Articles I through V of this chapter, the administrator shall
determine whether existing requirements, including the applicable regulations or plans, adequately analyze and
address a project’s environmental impacts. Project review generally should not require additional studies and
mitigation under Cchapter 43.21C RCW where existing regulations adequately address a proposed project’s
probable significant adverse environmental impacts. Development regulations enable project review through the
application of established scientific standards, required studies and standard mitigation measures.
18.40.620 Scope.
This article shall apply to all applications for variances from the provisions of this code, except for reasonable
economic use variances and environmentally sensitive area buffer width reductions, which shall be governed by the
provisions of Article VI-D of Chapter 18.15 JCCchapter 18.22 JCC (Critical Areas).
18.40.750 Categorically exempt actions – Use of existing documents and analyses.
(1) Categorically Exempt Levels.
(a) Except with the adoption of flexible threshold limits as set forth in subsections (1)(b) through (e) of this section,
Jefferson County adopts and incorporates by reference the categorical exemption levels set forth in WAC 197-11-
800.
(b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any landfill or excavation activity in
Jefferson County shall be 500 cubic yards.
(c) Pursuant to WAC 197-11-800(1)(c)(ii), the maximum exempt level for the construction of a barn, loafing shed,
farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering
30,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the
property. This exemption shall not apply to feed lots.
Appendix F - 2
(d) Pursuant to WAC 197-11-800(1)(c)(iii), the maximum exempt level for the construction of an office, school,
commercial, recreational, service or storage building with 12,000 square feet of gross floor area, and with associated
parking facilities designed for up to 40 automobiles.
(e) Pursuant to WAC 197-11-800(1)(c)(iv), the construction of a parking lot designed for 40 automobiles shall be
exempt.
(2) Categorically Exempt Actions. Actions categorically exempt under subsection (1) of this section do not require
review under this article or the preparation of an environmental impact statement, and may not be conditioned or
denied under SEPA, except as provided in WAC 197-11-305 and subsection (3) of this section.
(3) Use of Exemptions.
(a) The responsible official shall determine the applicability of a categorical exemption. The determination by the
responsible official that a proposal is exempt from SEPA is final. None of the procedural requirements of this article
(except as provided in WAC 197-11-305 and this subsection) apply to an exempt proposal.
(b) If a proposal includes exempt and non-exempt actions, the responsible official shall determine the lead agency
pursuant to WAC 197-11-050.
(c) If a proposal includes exempt and non-exempt actions, the county may authorize exempt actions prior to
compliance with procedural requirements of this article, except as provided in subsections (3)(d) through (3)(g) of
this section.
(d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not authorize the use of
exemptions for:
(i) Actions that are not exempt;
(ii) Any action that would have a probable significant adverse environmental impact;
(iii) A series of exempt actions that are physically or functionally related which together would result in a probable
significant adverse environmental impact for the overall project; or
(iv) Any action that would limit choice of alternatives.
(e) The county may withhold approval of an exempt action that would lead to modification of the physical
environment when such modification would serve no purpose if nonexempt action(s) were not approved (see
WAC 197-11-305(1)(b)(i)).
(f) The county may withhold approval of exempt actions that would lead to substantial financial expenditures by a
private applicant when the expenditures would serve no purpose if the non-exempt action(s) were not approved.
(g) Actions identified as categorically exempt from SEPA under WAC 197-11-800 shall remain exempt under SEPA
even when located in one or more of the environmentally sensitive areas (ESAs) classified, designated and mapped
under Article VI-D of Chapter 18.15 JCCcritical areas listed in chapter 18.22 JCC (Critical Areas). However, the
categorical exemptions listed in WAC 197-11-800 shall not apply when undertaken wholly or partly on lands
covered by water, regardless of whether or not such lands are mapped as ESAs. Proposals in areas subject to this
subsection (3)(g) shall require environmental review and a threshold determination, and may be conditioned or
denied under this article (see WAC 197-11-756, 197-11-800, and 197-11-908).
(4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation of existing
documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630, and 197-11-635.
(5) Planned Actions.
Appendix F - 3
(a) The county may, as part of its planning processes, elect to perform or have performed for it in advance of any
development proposal, the environmental review and analysis for certain actions and their probable impacts. These
“planned actions” must be so designated by ordinance or resolution adopted by the county after the analysis of the
actions and their impacts has been completed.
(b) Planned actions must be located in an urban growth area, a master planned resort (MPR), or a fully contained
community, and meet the additional requirements contained in RCW 43.21C.031(2).
(c) The analysis must be sufficient to identify and analyze all probable significant impacts and most nonsignificant
impacts of the actions, and to identify (and, optionally, provide) to a great extent the mitigation necessary (i.e., the
significant impacts must be “adequately addressed” in an environmental impact statement).
(d) As a result of the analysis in subsections (5)(a) and (5)(c) of this section, a development proposal being prepared
under a planned action does not require a threshold determination or the preparation of an environmental impact
statement, but is subject to a full environmental review of its impacts and full requirements for mitigation as
identified and specified by the review for the planned action in subsection (5)(c) of this section.
(e) If the environmental review identifies additional impacts not addressed by the planned action, a checklist and
threshold determination shall be required.
18.40.760 Analysis of nonexempt project and nonproject actions.
The procedures and requirements in this article apply equally to project and nonproject actions.
(1) Submittal of Environmental Checklist.
(a) A completed environmental checklist shall be submitted with any application for a permit or approval not
specifically exempted as per JCC 18.40.750(1). However, a checklist is not required if the county and applicant
agree that an EIS is required, if SEPA compliance has been completed, or if SEPA compliance has been initiated by
another agency. The county shall use the checklist to determine lead agency and to make the threshold determination
if the county is lead agency.
(b) Applicants for private proposals shall complete the checklist, and the county shall provide assistance as
appropriate. For county proposals, the department initiating the proposal shall complete the checklist.
(2) Review of Project Impacts. The responsible official shall review the checklist, other information about a project,
and the applicable regulations to review the environmental impacts of the project and make a threshold
determination. In making this review the responsible official may determine:
(a) All of the project’s probable significant adverse environmental impacts have been adequately identified and
analyzed. If not, additional studies and analyses may be required;
(b) Some or all of the probable significant adverse environmental impacts have been adequately addressed and
mitigated in this UDC and other development regulations adopted by Jefferson County, the Comprehensive Plan, or
in other applicable local, state, or federal laws and rules by:
(i) Avoiding or otherwise mitigating the impacts; or
(ii) The county has designated as acceptable certain levels of service, land use designations, development standards,
or other land use planning required or allowed by the Growth Management Act (Chapter 36.70A RCW).
Where probable significant adverse environmental impacts have not been adequately mitigated, the responsible
official may condition the project with additional mitigation measures or deny the permit;
(c) To determine if the probable significant adverse environmental impacts have been addressed by an existing rule
or law of another agency with jurisdiction, the county shall consult orally or in writing with that agency and may
Appendix F - 4
expressly defer to that agency. In making this deferral, the county shall base or condition its project approval on
compliance with that agency’s rules or laws;
(d) If the county bases or conditions its SEPA approval of the project wholly or in part on compliance with the
requirements or mitigation measures identified in subsections (2)(b)(i) and (2)(b)(ii), during project review the
county shall not impose additional mitigation under SEPA for those impacts so conditioned;
(e) Nothing in this subsection limits the authority of the county in its review or mitigation of a project to adopt or
otherwise rely on environmental analyses and requirements under other laws, as provided by SEPA.
(3) Threshold Determination. The “threshold determination” is the decision regarding whether there is a reasonable
likelihood that the project shall have a probable significant adverse environmental impact on an element of the
environment. A threshold determination is required for any proposal that meets the definition of an “action” under
WAC 197-11-704 and is not categorically exempt, a planned action, or subject to WAC 197-11-600(3). The
responsible official shall make and publish the threshold determination for public comment as provided in
JCC 18.40.780:
(a) Determination of Significance (DS). If a project may have a probable significant adverse environmental impact,
a DS shall be issued, and an EIS shall be required. In determining an impact’s significance, the responsible official
shall take into account the guidance in WAC 197-11-330 and 197-11-794, including:
(i) Locational, quantitative, and cumulative effects, severity and likelihood of the effects, and effects on
environmentally sensitivecritical or special areas; and
(ii) Mitigation measures that will be implemented. The responsible official shall not balance whether beneficial
aspects of a proposal outweigh its adverse environmental impacts in determining significance.
(b) Determination of Nonsignificance (DNS). If a project will not have a significant adverse environmental impact, a
DNS shall be issued.
(c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6), submission of an environmental
checklist and prior to the responsible official’s threshold determination on a proposal, an applicant may ask the
responsible official to indicate whether it is considering a DS. If the responsible official indicates a DS is likely, the
applicant may clarify or change features of the proposal to mitigate the impacts that led the responsible official to
consider a DS likely. The applicant shall revise the environmental checklist as may be necessary to describe the
clarifications or changes. The responsible official shall make its threshold determination based upon the changed or
clarified proposal. If a proposal continues to have one or more probable significant adverse environmental impacts,
even with mitigation measures, an EIS shall be prepared. The county’s indication under this section that a DS
appears likely shall not be construed as a determination of significance. Likewise, the preliminary discussion of
clarifications or changes to a proposal shall not bind the county to a mitigated DNS.
(4) Mitigated Determination of Nonsignificance (MDNS). The responsible official may issue a MDNS as provided
in this subsection and in WAC 197-11-350, based on conditions attached to the proposal by the responsible official
or on changes to or clarifications of the proposal made by the applicant.
(a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the DNS shall be deemed
conditions of approval of the permit decision, and may be enforced in the same manner as any term or condition of
the permit. The county may incorporate implementation or enforcement provisions in the MDNS and require
performance guarantees.
(b) If the tentative county decision on a permit or approval does not include mitigation measures that were
incorporated in a MDNS, the county shall evaluate the threshold determination to assure consistency with
WAC 197-11-340(3)(a) (i.e., withdrawal of a DNS).
(5) The responsible official shall provide for prompt and coordinated review by government agencies and the public
on compliance with applicable environmental laws and plans, including mitigation for specific probable significant
adverse impacts arising from the project that have not been considered and addressed at the plan or development
Appendix F - 5
regulation level. The county may clarify or change features in their own proposal, and may specify mitigation
measures in their DNSs, as a result of comments by other agencies or the public or as a result of additional agency
planning (see WAC 197-11-350).
(6) Durations of comment periods are as provided in JCC 18.40.780. At the end of the comment period the threshold
determination becomes final unless retained, modified, or withdrawn, and the appeal period begins.
(7) Preparation of EIS.
(a) Preparation of the draft environmental impact statement (DEIS) and final environmental impact statement (FEIS)
and supplemental environmental impact statement (SEIS) are the responsibility of the county under the direction of
the responsible official. Before the county issues an EIS the responsible official must be satisfied that it complies
with this article and with Chapter 197-11 WAC. When a DS is issued, an opportunity shall be provided to comment
on the scope of the EIS that shall be developed.
(b) The DEIS, FEIS or SEIS shall be prepared by the county or by a consultant in accordance with county
procedures established for consultant selection. If the county requires an EIS for a proposal and the responsible
official determines that a consultant shall prepare the EIS, the applicant shall be so notified immediately after
completion of the threshold determination.
(c) The county may require an applicant to conduct specific investigations and to provide information the county
does not possess. The applicant is not required to supply information for the purpose of EIS preparation if such
information is not required under this article.
(d) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is prepared in a responsible
manner. The county shall:
(i) Initiate and coordinate scoping and ensure that the consultant receives all substantive information submitted
through the scoping process;
(ii) Assist the consultant in obtaining information from applicants; and
(iii) Direct the content and organization of the EIS.
(e) The responsible official shall maintain procedures for preparation of EISs in accordance with the above.
(8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany county staff recommendations to
any appropriate decision-making body (e.g., the hearing examiner).
(9) The county shall not take any action on the project permit application until the SEPA appeal period has lapsed.
(10) Any appeal of the final SEPA determination shall be heard as provided in JCC 18.40.810.
Appendix G - 1
APPENDIX G
Chapter 18.42 JCC
18.42.050 Compliance with other regulations.
(1) Compliance with Other Regulations. All construction of personal wireless service facilities shall also be subject
to the requirements of the county building code, Cchapter 15.05 JCC, and all codes adopted by reference in
JCC 15.05.030 including, but not limited to, the Uniform Building Code (UBC), the National Electrical Code
(NEC), the requirements of the National Electronics Industries Association/Telecommunications Industries
Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and
Antenna Supporting Structures” and any additional applicable standards published by the Electronics Industries
Association, the Uniform Fire Code; Article VI-D et seq. of Chapter 18.15 JCC, environmentally sensitive areas
chapter 18.22 JCC (Critical Areas); and the Jefferson County Shoreline Management Master Program,
Cchapter 18.25 JCC.
(2) Emergency Response System. All personal wireless facilities service providers shall be integrated into the local
emergency response system.
(3) Right-of-Way Facilities. All facilities located in any developed or undeveloped public road or right-of-way shall
be governed by the applicable sections of this code and related policies governing the placement of utilities and
other facilities in public rights-of-way including, but not limited to, Division III of JCC Title 13. [Ord. 6-99 § 1]