HomeMy WebLinkAbout05 0509 94
ORDINANCE NO, 05-0509-94
JEFFERSON COUNTY INTERIM
CRITICAL AREAS ORDINANCE
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Robert Hinton, Chair
Glen Huntingford, Commissioner
Richard Wojt, Commissioner
May 9, 1994
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TABLE OF CONTENTS
SECTION 1:
1.10
1.20
1.30
1.40
1.50
PURPOSES
. . . . . . . . . . . . . . . . . . . . . .
Findings
. . . . . . . . . . . . . . . . . , . . . . . . .
Purpose - General
. . . . . . . . . . . . . . . . . . . .
Field Guide
. . . . . . . . . . . . . . . . . . . . . . .
Enactment. . . . . . . . . . . . . . . . . . . . . . . . .
Title. . . . . . . . . . . . . . . . . , . . . , . . . . .
SECTION 2:
2.10
2.20
2.30
2.40
DBI'INITIONS . . . . . . . . . . . . . . . . . . . . .
General. . . . . . . . . . . . . . . . . . . . . . . . . .
Tense and Number
, . . . . . . . . . . . . . . . . . . . .
Interpretation
. . . . . , . . . . . . . . . . . . . . . .
Definitions. . . , . . . . . . . . . . . . . . . . . . . .
SECTION 3:
3.10
3.20
3.30
3.40
3.50
SCOPE. . . . . . . . . . . . . . . . . . . . . . . .
Coverage
. . . . . . . . . . . . . . , . . . . . . . . . .
Relationship to Existing Regulations
...........
General Applicability. . . . , . . . , . , . . . . . . . .
Exemptions
. . . . . . . . . . . . . , . . . . . . . . . .
Nonconforming Uses
. . . . . . . . . . . . . . . . . . . .
SECTION 4:
4.10
4.20
4.30
4.40
ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY. . . . .
Planning Department. . . . . . . . . , . . . . . . . . . .
Department of Public Works
. . . . . , . . . . . . . . . .
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Hearing Examiner
, , . . . . . . . , . . . , . . . . . . .
Board of County Commissioners. . . . . . . . . . . . . . .
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SBCTION 5:
PROCESS AND ADMINISTRATION
. . . . . . . . . . . . .
5.10 critical Area Determination. . . . . . . . , . . . . . . .
5.101 Triggering Application. . . . . . . . , . . . . . . .
5.102 Advance Determination. . . . . . . . , . . . . . . .
5 . 20 Process. . . . . . . . . . . . . . . . , . , . . . . . . .
5.201 Process - General. . . . . . . . . , . . . . . . . . .
5.202 permi t Required. . . . . . . . . . . . , . . . . . . .
5.203 Exemptions. . . . . . , . . . . . . . , . . . . . . .
5.30 critical Area Review Requirements. . . . . , . . . . . . .
5.301 Application Requirements - General. . , . . . . . . .
5.302 Preapplication Consultation. . . , . . . . . . . . . .
5.303 critical Area Review Requirements. . . , . . . . . . .
5.304 Public Notice and Hearing. . . . . . . , . . . . . . .
5.40 critical Area Applications and Reports. . , . . . . . . .
5.401 critical Area Review of Triggering Permit
Applications and Reports - General, . , . . . . . . .
Findings. . . . . . . . . . . . . . . , . . . . . . .
Conditions. . . . . . . . . . . . . . . . . . . . . .
Appeal of Administrative Decisions. . , . . . . . . .
Time Period for Review and Approval. . , . . . . . . .
Fees. . . . . . . . . . . . . . . . . , . . . . . . .
5.402
5.403
5.404
5.405
5.406
SBCTION 6:
WETLANDS
. . . . . . . . . . . . . . . . . . . . . .
6.10
Introduction
. . , . . . , . . . . . . . . , . . . . . . .
6.20
Purpose. . . . . . . . , . . . . , . . . . , . . . . . . .
6.30 Classification/Designation. . . . . . . . , . . . . . . .
6.301 Classification. . . . . . . . . . . . , . . . . . . .
6.302 Designation. . . . . . , . . . . . . . . . . . . . . .
6.303 Sources Used for Identification. . . . , . . . . . . .
6.304 Wetland Maps. . . . . . . . . . . . , . . . . . . .
6.40 Applicability and Waivers. . . . . . . . . , . . . . . . .
6.401 Applicability. . . . . . . . . . . . . . . . . . . . .
6.402 Waivers. . . . . . . . . . . . . . . . , . . . . . . .
6.403 Waiver Conditions. . . . . . . . . . . , . . . . . . .
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6.50 Protection Standards. . . . . . . . . . . . . . . . . . .
6.501 General. . . . , . . . . . . . , . . . . . . . . . . .
6.502 Delineation. . . . . . , . . . . . . . . . . . . . . .
6.503 Drainage and Erosion Control. . . . . . . . . . . . .
6.504 Buffer Marking. . . . . . . . . . . . . . . . . . . .
6.505 Buffers - Standard Requirements. . . . , . . . . . . .
6.506 Reducing Buffer widths. . . . . . . . . . . . . . . .
6.507 Increasing Buffer widths. . . . . . . , . . . . . . .
6.508 Averaging Buffer widths. . . , . . . . , . . . . . . .
SBCTION 7:
CRITICAL AQUIFER RECHARGE AREAS. . . . . . . . . . .
7.10
Introduction
. . . . . . . . . . . . . . . . . . . . . . .
7.20
Purpose. . . . . . . . . . . . . . , . . . , . . . . . . .
7.30 Classification/Designation. . . . , . . . , . . . . . . .
7.301 Classification. . . . . . . . . . . . , . . . . . . .
7.302 Designation. . . . . . . . . . . . . . , . . . . . . .
7.303 Sources Used for Identification. . . . . . . . . . . .
7.304 Reevaluation of Designation criteria, . . . . . . .
7.305 critical Aquifer Recharge Area Maps. , . . . . . . .
7.40 Applicability and Waivers. . , . . . . , , , . . . . . . .
7.401 Applicability. , . . . . , , . . . . . , . . . . . . .
7.402 Waivers. . . . . . . . . , . . . . , , . . . . . . . .
7.403 Waiver Conditions. . . . . . . . . . . , . . . . . . .
7.50 Protection Standards. . . . . . . . . . . , . . . . . . .
7.501 General. . . . . . . . . . . . . . . . . . . . . . . .
7.502 Aquifer Recharge Area Report. , . , , . . . . . . . .
7.60 Conditions. . . . . . . . . , . . . . . . . . . . . . . .
7.601 General. . . . , . . . . . . . , . . . . . . . . . . .
7.602 Basis for Conditions. . . . . . . . . . . . . . . . .
SBCTION 8:
FREQUENTLY FLOODED AREAS
. . . . . . . . . . . . . .
8.10
Introduction
. . . . . . . . . . . , . , . . . . . . . . .
8.20
Purpose. . . . . . , . . . . , . . , . . . . . . . . . . .
8.30
Incorporation by Reference
. . . . . . . . . . . . . . . .
8.40
Relationship to Other Regulations. . . . . . . . . . . . .
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SBCTION
9:
GBOLOGICALLY HAZARDOUS AREAS. . . . . . . . . . . .
9.10
Introduction
. . . . . . . . , . . . . . . . . . . . . . .
9.20
Purpose. . . . . . . . . . . . . . . . . . , . . . . . . .
9.30 Classification/Designation. . . . . . . . . . . . . . . .
9.301 Classification. . . . . . . . . . . . , . . . . . . .
9.302 Designation. . . . . . . . . . . . . . , . . . . . . .
9.303 Sources Used for Identification. . . . . . . . . . . .
9.304 Geologic Hazard Area Maps. . . , . . , . . . . . . .
9.40 Applicability and Waivers. . . . . . . . . , . . . . . . .
9.401 Applicability. . . . . . . . . . . . . , . . . . . . .
9.402 Waivers. . . . . . . . . . . . . . . . . . . . . . . .
9.403 Waiver Conditions. . . , . . . . . . . . . . . . . . .
9.50 Protection Standards. . . , . . . , . . , . . . . . . . .
9 .501 General. . . . . . . . . . . . . . . . . . . . . . . .
9.502 Drainage and Erosion Control. . . . . . . . . . . . .
9.503 Clearing and Grading. , . . . , . . . . . . . . . . .
9.504 Vegetation Retention. . . . . . . . . . . . . . . . .
9.505 Buffer Marking, . . . , . . . , . . , . . . . . . . .
9.506 Buffers - Standard Requirements, . . , . . . . . . . .
9.507 Reducing Buffer widths. . . . . . . . , . . . . . . .
9.508 Increasing Buffer widths. . . . . . . . . . . . . . .
9.509 Geotechnical Report. . . . . . . . . . . . . . . . . .
9. 60 Conditions. . . . . . , . . . . , . . . . , . . . . . . .
9.601 General. . . . . . . . . . . . . . . . . . . . . . . .
9.602 Basis for Conditions. . . . . . , . . , . . . . . . .
SBCTION
10:
FISH AND WILDLIFE HABITAT AREAS. . . . . . . . . .
10.10
Introduction. . . . . . . . . . . . . . . . . . . . . . .
10.20
Purpose
. . . . . . . . . . . . . . . . . . . . . . . . .
10.30 Classification/Designation. . . . , . , . . . . . . . . .
10.301 Classification. . . . . . . . , . . , , . . . . . . .
10.302 Designation. . . . . . . . . , . , . , . . . . . . .
10.303 Sources Used for Identification. . . , . . . . . . .
10.304 Fish and wildlife Habitat Area Maps. , . . . . . . .
10.40 Applicability and Waivers. , . . , . , . , . . . . . . .
10.401 Applicability. . . . , . . . . . . . , . . . . . . .
10.402 Waivers. . . . . . . , . . . . , . . , . . . . . . .
10.403 Waiver Conditions. . , . . . . , . . . . . . . . . .
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10.50 Protection Standards. . . . . . . . . . . , . . . . . . .
10.501 General. . . . . . . . . . . . . . . , . . . . . . .
10.502 Habitat Management Plan. . . . . . . . . . . . . . .
10.503 Drainage and Erosion Control. . . . . , . . . . . . .
10.504 Grading. . . . . , . . . . . . . . . , . . . . . . .
10.505 Vegetation Retention. . . . . . . . . , . . . . . . .
10.506 Buffer Marking. . . . . . . . . . . . , . . . . . . .
10.507 Buffers - Standard Requirements. . . , . . . . . . .
10.508 Reducing Buffer widths. . . , . . . . . . . . . . . .
10.509 Increasing Buffer widths. . . . . . . , . . . . . . .
10.510 Averaging Buffer Widths. . . . . . . . . . . . . . .
10.60 Conditions. . . . . . . . . . . . . . . . . . . . . . . .
10.601 General. . . . . . . . . . . . . . . , . . . . . . .
10.602 Basis for Conditions. . , . . . . . . , . . . . . . .
SECTION
SPECIAL REPORTS. . . . . . . . . . . . . . . . . .
11:
11.10
waivers
, . . . , . . . . . . . . , . . , , . . . . . . .
11.20 General Contents. . . . . . . . . . . . . , . . . . . . .
11.201 Scale Map and Written Report, . . . . . . . . . . . .
11.202 Impacts Assessment. . . . . . . . . . , . . . . . . .
11.203 Protection Mechanisms. . . , . , , . , . . . . . . .
11.204 Preparer - Proof of Qualifications. . . . . . . . . .
11 . 30 Consultants. . . . . . . . . . . . . . . , . . . . . . .
11.301 Retaining Consultants. . . . . , , . , . . . . . . .
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11.40 Responsibility. . . . . . . . . . . . . . , . . . . . .. 57
11.401 General. . . . . . . . . , . . . , . , . . . . . .. 57
11.402 Determining Accuracy & Sufficiency. . , . . . . . .. 57
11.403 Nonacceptance of Inaccurate or Insufficient Reports. .57
11.50 Aquifer Recharge Area Report. . . . . , . . . . . . . . .
11.501 General. . . . . . . . , . . . . . . , . . . . . . .
11.502 Qualifications of the Preparer . , . . , . . . . . . .
11.503 Information Requirements. . , . , . . . . . . . . . .
11.60 Drainage and Erosion Control Plan. . . . . . . . . . . .
11.601 General. . . . . , . , . . , . , . , . . . . . . . .
11.602 Qualifications of the Preparer . . . . . . . . . . . .
11.603 Information Requirements. . . . . . . , . . . . . . .
11.70 Geotechnical Report. . . , . . . . . . . . . . . . . . .
11.701 General. . . . . . , . . . . . . . . . . . . . . . .
11.702 Qualifications of the Preparer . . . . . . . . . . . .
11.703 Information Requirements, . . . . . , . . . . . . . .
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11.80 Grading Plan. . . , . . . . . . . , . . . , . . . . . . .
11.801 General. . . . . . . . . . . . . . . , . . . . . . .
11.802 Qualifications of the Preparer . . . . , . , . . . . .
11.803 Information Requirements. . . . . . . . . . . . . . .
11.90 Habitat Management Plan. . . . . . . . . , . . . . . . .
11.901 General. . . . . . . . . , . . . . . . . . . . . . .
11.902 Qualifications of the Preparer . . . . , . . . . . . .
11.903 Information Requirements. . . . . . , . . . . . . . .
11.100 Wetland Delineation Report. . . . . . . , . . . . . . .
11.1001 General. . . . , . . . , . . . . . . . . . . . . . .
11.1002 Qualifications of the Preparer ...........
11.1003 Information Requirements. . . . . . , . . . . . . .
SECTION
REASONABLE ECONOMIC USE VARIANCE
. . . . . . . . .
12:
12.10
Application
. . . . . . . . . . . . . . . . . . . . . . .
12.20
Notice. , . . . . . , , . . . , . , . . . , . . . . . . .
12.30
Findings. . . . . . . . . . . , . . . . , , . . . . . . .
12.40
Conditions. . . . . . . . . . . . . . . , , . . . . . . .
SECTION
13:
LEGAL PROVISIONS
. . . . . . . . . . . . . . . . .
13.10
Violations. . . . . . , . . . . . . . . . . . . . . . . .
13.20
Remedies. . . . . . . . , . . . . . , . . . . . . . . . .
13.30
Severability. . . , . . , , . . , . , . . , . . . . . . .
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13.40
Effective Date. . . , . . . . . . . . . . . . . . . . . . . 67
13.50
Adoption, . . , . , , . . . , . . , . . . , , , . . . . .
Appendix A:
Critical Area Review Fee Schedule
. . . . . . . . .
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16 findings:
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1.10
1.20
1.30
1.40
1.50
SECTION 1:
PURPOSES
Findings
Purposes
Field Guide
Enactment
Title
1.10
Findinqs
County
Commissioners
Board
of
enter
the
following
The Washington State Legislature adopted a Growth Management
Bill, Engrossed Substitute House Bill 2929, now codified as
Chapter 36.70A RCW, which, in part, requires local governments
to designate and regulate to protect critical areas.
The Washington State Department of Community Development has
established an emergency rule establishing minimum guidelines to
classify and designate critical areas, codified as Chapter 365-
190 WAC.
In October of 1991, the Jefferson County Board of Commissioners
organized a citizen work group for the purpose of generating
policy recommendations intended to guide the preparation of an
interim critical areas regulation, in partial fulfillment of
Chapter 36,70A RCW.
Policy recommendations of the critical areas work group were
forwarded to the Board in December of 1991, and the Jefferson
County Planning Commission submitted recommended revisions to
the work group policy recommendations in January, 1992.
Following review and revision of the critical areas work group
policy recommendations, the Board directed Planning Department
staff to begin drafting ordinance language for incremental review
by the Planning Commission.
The Planning Commission began incremental review of draft
critical areas ordinance sections in March, 1992; the draft
sections were designed to be incorporated outside of, and in
addition to, the County's existing regulatory framework and
procedures.
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In June, 1992, the Board directed Planning Department staff to
follow an alternative approach that would incorporate interim
critical areas protection measures into the County's existing
regulatory framework and procedures.
In September, 1992, Planning Department staff completed a draft
amendment to the County's state Environmental Policy Act
Iapl...nting Ordinance that addressed GMA critical areas (the
"SBPA draft"); this "SEPA draft" was forwarded to the Planning
Commission for review and report in October of 1992, pursuant to
Chapter 36.70.640 RCW; the Planning Commission forwarded its
report to the Board in late October, 1992,
In the fall of 1992 Commissioners Larry Dennison and B.G. Brown
failed to win re-election bids.
In November, 1992, the Board held workshops with Planning
Department staff for the purpose of reviewing both the "SBPA
draft" and modifications recommended by the Planning Commission
and staff, and directing final revisions prior to public hearing.
On December 7, 1992, the Board conducted a public hearing on the
"SEPA draft" for the purpose of receiving public testimony on
the proposal, and to meet the procedural requirements of Chapter
36.70 RCW.
Approximately four hundred (400) members of the public were
present for the December 7,1992 hearing, a large number of whom
voiced opposition to the Board taking action on the "SEPA draft"
prior to the newly elected Board members assuming office, as
well as to the complexity and substance of the "SEPA draft"
itself.
On December 31, 1992, Commissioners Dennison and Brown left
office without the Board having taken further action on the "SEPA
draft."
In January 1993, the Board, comprised of Chairman Richard Wojt
and newly elected Commissioners Robert Hinton and Glen
Huntingford, held workshops with Planning Department staff in
order to review options and determine an appropriate course of
action regarding formulation of interim critical areas protection
measures.
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On February 4,1993, the Board adopted a motion to set aside the
"SBPA draft" and to produce a "stand alone" ordinance; on
February 8, 1993, the Board clarified and expanded its original
motion and consistent with its perception of community values,
directed that "to the maximum feasible extent the new draft
ordinance should be limited in coverage to those minimum
designations and minimum protection standards permissible under
the GIlA."
On March 19, 1993, Planning Department staff forwarded a "stand
alone" draft interim critical areas ordinance to the Board for
review and revision.
On April 5, 1993, the Board held a workshop with Planning
Department staff for the purpose of reviewing the "stand alone"
draft and identifying further revisions necessary prior to public
workshops; final revisions to the "stand alone" ordinance draft
were directed by Commissioners Hinton and Huntingford,
individually, during informal meetings with staff on April 8 and
9, 1993.
During the period of April 28 through May 4,1993, the Board and
Planning Department staff held public workshops on the "stand
alone" ordinance draft in Clearwater, Chimacum and Quilcene for
the purpose of explaining the operation and effect of the
ordinance, and to receive informal public comment on the
proposal.
On May 28,1993, the Board forwarded the "stand alone" ordinance
draft to the Planning Commission for review and report pursuant
to Chapter 36.70.640 RCW; the Planning Commission submitted its
report to the Board on July 1, 1993.
On July 12, 1993, the Board held a workshop with Planning
Department staff for the purpose of reviewing both the "stand
alone" ordinance draft and modifications recommended by the
Planning Commission and staff, and directing final revisions
prior to public hearing.
On November 21 and 22, 1993 the Board conducted a public hearing
on the "stand alone" ordinance draft l2-for the purpose of
receiving public testimony on the proposal, and to meet the
procedural requirements of Chapter 36.70 RCW.
On December 22 1993, January 4 1994, January 14 1994 and January
20 1994, the Board held public workshops with Planning Department
staff for the purpose of reviewing testimony received from the
November 1993 public hearing and directing revisions to the draft
ordinance based upon this testimony and separately provided legal
review.
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On March 29, 1994, the Board conducted a public hearing on the
"stand alone" draft #7 for the purpose of receiving public
testimony on the proposal, and to meet the procedural
requirements of Chapter 36.70 RCW.
critical areas which require regulation by Jefferson County are:
wetlands; areas with a critical recharging effect on aquifers
used for potable water; fish and wildlife habitat conservation
areas; frequently flooded areas; and geologically hazardous
areas.
Implementation of appropriate design and engineering techniques
and practices are needed to avoid incompatible development in
critical areas and prevent harm to the public.
Jefferson County is currently mitigating projects occurring in
these areas based upon the substantive authority granted by the
stat. Environmental Policy Act, RCW 43,21C.
Enactment of these regulations will provide greater certainty
and predictability in the County's land use review processes.
Jefferson County is currently laboring to implement Chapter
36.70A RCW by initiating a comprehensive planning process in
order to formulate and adopt a revised comprehensive plan and
compatible implementing regulations.
To protect the health, safety and welfare of the citizens of
Jefferson County, and to prevent the possible conversion of
critical areas prior to the development of final official
controls, these interim regulations are necessary to protect the
integrity of the comprehensive planning process.
These regulations will operate as interim land use controls
preserving the County's planning options and will remain in
effect only until such time as the County holds hearings and
adopts permanent land use controls implementing the revised
comprehensive plan.
The definitions and categories of critical areas in this
ordinance conform with the requirements of the Chapter 36.70A
RCW.
The Jefferson County Board of Commissioners has reviewed and
considered the relevant provisions of Chapter 365-195 WAC in
developing the classification and designation criteria for
critical areas within this ordinance,
These regulations are designed to satisfy the requirements of
Chapter 36.70A RCW with regard to all critical areas. Frequently
flooded areas are protected through the Jefferson County
Floodplain Management Ordinance (Ordinance No. 1-89), which is
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incorporated by reference within this ordinance. The County
elected to protect frequently flooded areas through this
regulation due to the Floodplain Management Ordinance requiring
detailed description of proposed development in a flood hazard
area using all available data and it considering base flood flow,
coastal flood hazards, and increased flood flow due to
development.
Through studying the materials provided by legal review and fully
considering formal public testimony, together with Chapter
36.70A.020 RCW, the Jefferson County Board of Commissioners has
determined that these regulations properly balance the GMA
composite goals by allowing tradeoffs among economic, social and
environmental values that are appropriate for Jefferson County.
These regulations offer effective protection of critical
environmental features without diminishing the potential for
sustained economic development in Jefferson County.
Of the 1,161,644 acres of land in unincorporated Jefferson
County, approximately 61% is in Federal ownership, 17% is in
state ownership, 10% is in private ownership classified for
forestry uses, .7% is in tribal ownership, and 11. 3% is in
private ownership not classified for forestry uses.
These regulations allow for development to proceed in a manner
consistent with the rights of individuals to peacefully use and
enjoy their property, while simultaneously regulating and
mitigating development that will have adverse impacts on property
and the environment, thereby benefitting all the residents of the
County.
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34 The Jefferson County Board of Commissioners does hereby ordain and enact
35 into law the following provisions.
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37
38
39
40 This ordinance shall be known and may be cited as the "Jefferson county
41 Interim Critical Areas Ordinance,"
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44
45
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49
1. 20
Purpose - General
The purpose of this ordinance is to protect critical areas
against development proposals that pose adverse environmental
impacts which threaten public health, safety and welfare. In
accomplishing this, the ordinance factors the composite goals of
the Growth Management Act, Chapter 36.70A.020 RCW, and allows
for tradeoffs among economic, social and environmental values.
None of the protections provided by the ordinance seek to confer
an uncompensated benefit to the public.
The intent of this ordinance is to facilitate the processing of
relevant land use applications in a timely fashion with minimum
intrusion on individual freedom, and with maximum consistency
and predictability.
In the pursuit of fairness and equity for balancing individual
and collective interests, this ordinance is dedicated to
enhancing the quality of life for the citizens of Jefferson
County.
1. 30
Field Guide:
To aid the applicant in understanding the purpose and requirements of
this ordinance, the County has produced a field guide which concisely
addresses these issues. It is important to note for legal purposes,
however, that the field guide is not a regulatory device, being purely
informational and entirely separate from the "Jefferson County Interim
critical Areas Ordinance,"
1.40
Enactment
1. 50
Title
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2
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4 Subsections:
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14 For the purpose of this ordinance, certain words and terms shall be
15 interpreted or defined as set forth below,
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41 2.
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2.10
2.20
2.30
2.40
SECTION 2:
DEFINITIONS
General
Tense and Number
Interpretation
Definitions
2.10
General
2,20
Tense and Number
When not inconsistent with the context, words used in the present tense
shall include the future tense, words used in the singular shall include
the plural and the plural the singular.
2,30
Interpretation
The word "shall" is mandatory,
The word "should" indicates that which is recommended but not
required.
The word "may" is permissive.
2.40
Definitions
ADMINISTRATOR: The official appointed by the Jefferson County
Board of Commissioners to supervise operation of this ordinance
and make required administrative decisions.
AGGRIEVED PARTY: One whose legal right is invaded by an act
complained of, or whose monetary interest is directly affected
by a decision.
ANADROMOUS: Fish that migrate up rivers and streams from the
ocean to breed in fresh water.
APPLICANT: Any person, public agency, or business entity (e.g.,
corporation or partnership) that submits a triggering application
to the County (see also, TRIGGERING APPLICATION).
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33 11.
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36 12.
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50 16.
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AQUIFER: A saturated geologic formation that will yield a
sufficient quantity of water to serve as a private or public
water supply.
AQUIFER RECHARGE AREAS: Areas where soils and geological
materials permit the infiltration of natural or artificial
sources of water in rates and quantities sufficient to recharge
ground water reserves (see also, CRITICAL AQUIFER RECHARGE
AREAS).
BEST MANAGEMENT PRACTICES: Conservation practices or systems of
practices and management measures that:
a. Control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxics and sediment; and
Minimize adverse impacts to surface water and groundwater
flow, circulation patterns, and to the chemical, physical
and biological characteristics of critical areas.
b.
BIOLOGIST: A person who has a minimum of a Bachelor of Science
degree in biological sciences from an accredited college or
university, or a person who has equivalent educational training
and has experience as a practicing biologist.
BOARD:
The Jefferson County Board of Commissioners.
BUFFER: A designated area adjacent to a steep slope or landslide
hazard area that protects slope stability, decreases surface
water flows and landslide hazards reasonably necessary to
minimize risk; or, a designated area adjacent to a stream or
wetland that is an integral part of the stream or wetland
ecosystem (see also, WETLAND BUFFER).
CLEARING: The destruction or removal
mechanical, chemical, or any other means.
vegetation
of
by
CONSERVATION EASEMENT: A legal instrument intended to formalize
the use status of a buffer through separately recording its
existence on formal records associated with a particular real
property.
COUNTY:
Jefferson County.
CRITICAL AREAS ADMINISTRATOR: See Administrator.
CRITICAL AQUIFER RECHARGE AREAS: Those aquifer recharge areas
that are highly susceptible to ground water contamination which
are designated as critical areas by this ordinance (see also,
AQUIFER RECHARGE AREAS).
DEGRADATION: A deterioration or degeneration of a designated
critical area or critical area functions and values.
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7 19.
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19 22.
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24 23.
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27 24.
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29 25.
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37 26.
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40 27.
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42
43
44 28.
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52
DELINEATION (wetland): The process of locating and marking a
designated jurisdictional wetland boundary in the field (see
also, WETLAND, JURISDICTIONAL and WETLAND, DESIGNATED).
DEPARTMENT:
The Jefferson County Planning Department.
DEVELOPMENT: Any activity relating to the use of land, usually
resulting in a change of land use character within the site,
requiring issuance of a triggering permit from the County.
ENDANGERED, THREATENED OR SENSITIVE SPECIES: All species of
wildlife listed as endangered, threatened or sensitive by the
Washington State Department of Wildlife.
ENHANCEMENT: Actions performed to improve the condition of
existing degraded critical areas (e,g., wetlands or streams) so
that the functions they provide are of a higher quality.
EROSION: The process whereby the land surface is worn away by
the action of water, wind, ice, or other geologic agents and by
processes such as gravitational creep, or events such as
landslides,
EROSION HAZARD AREAS: Areas susceptible to erosion that are
designated as critical areas by this ordinance.
EXCAVATION:
The mechanical removal of earth material.
EXPANSION: Any enlargement, increase or extension of an existing
land use that, in the judgment of the Administrator, measurably
increases impacts to designated critical areas thereby
threatening the public health, safety or general welfare.
Emergency repairs, routine maintenance, or operation of a
facility shall not be construed as an expansion of the existing
land use.
FILL: A deposit of earth or other natural or man-made material
placed by artificial means.
FISH AND WILDLIFE HABITAT AREAS: Areas that are designated as
critical areas by this ordinance due to the presence of specified
animal species.
FOREST PRACTICES: Any activity conducted on or directly
pertaining to forest land and relating to growing, harvesting,
or processing timber, including, but not limited to: road and
trail construction; harvesting, final and intermediate; pre-
commercial thinning; reforestation; fertilization; prevention
and suppression of diseases and insects; salvage of trees; and
brush control. Forest practices do not include preparatory work,
such as tree marking, surveying and road flagging, or
removal or harvest of incidental vegetation from forest lands
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19 31.
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24 32.
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30 33.
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33 34.
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46 36.
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51
such as berries, ferns, greenery, mistletoe, herbs, mushrooms,
and other products which cannot normally be expected to result
in damage to forest soils, timber or public resources (see
Chapter 222-16-010(21) WAC).
FUNCTIONS, BENEFICIAL FUNCTIONS, or FUNCTIONS AND VALUES: The
beneficial roles served by critical areas (typically wetlands)
including, but not limited to: water quality protection and
enhancement; fish and wildlife habitat; food chain support; flood
storage, conveyance and attenuation; groundwater recharge and
discharge; erosion control; wave attenuation; historical and
archaeological value protection; and recreation. (Note: These
beneficial functions are not listed in order of priority).
GEOLOGICALLY HAZARDOUS AREAS: Areas that are susceptible to
erosion, sliding, or other geological events that are designated
as critical areas by this ordinance.
GEOLOGIST: A person who has earned a degree in geology from an
accredited college or university, or a person who has equivalent
educational training and has four or more years of experience as
a practicing geologist.
GEOTECHNICAL ENGINEER: A practicing geotechnical/civil engineer
licensed as a professional Civil Engineer with the State of
Washington who has four or more years of experience as a
geotechnical engineer practicing landslide and erosion hazard
evaluation,
GRADING: Any excavating, filling or removing of the surface
layer of earth or other natural or man-made material.
GROUNDWATER: All water found beneath the ground surface,
including slowly moving subsurface water present in aquifers and
recharge areas.
HAZARDOUS SUBSTANCES, or DANGEROUS WASTES: Substances that pose
a present or potential hazard to human health or to the quality
of the drinking water supply in the aquifer. system underlying
the County when improperly used, stored, transported, disposed
of, or otherwise mismanaged, Hazardous substances include those
materials identified as hazardous waste in Title 40 CFR 261 or
defined as hazardous substances in Title 40 CFR 302, and Chapter
173-303 WAC.
HIGH INTENSITY LAND USES: Any of the following uses or
activities that require approval of a "triggering application":
a. A single family residence on a legally created building lot
of less than one acre in size (including right-of-ways and
utility easements);
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20 37.
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27 38.
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31 39.
32
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34
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36
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38 40.
39
40
41
42
43
44
45
46
47
48
49
50 41.
51
52
Subdivision development with an average density greater than
one parcel per acre, including a pro rata share of common
open space and roads, and excluding tidelands;
Any new commercial or industrial development occurring
within a designated general commercial, light industrial,
or light industrial\commercial zone and regulated under the
Jefferson county Emergency zoning ordinance, No. 1-0106-
92, that exceeds seven hundred and fifty (750) square feet;
Multi-family residential development regulated as a
conditional use under section 9, subsection 3(a) of the
Jefferson county Emergency zoning ordinance, No. 1-0106-
92;
General commercial development regulated as a conditional
use under section 9, subsection 3 (b) of the Jefferson county
Emergency zoning Ordinance, No. 1-0106-92; and
Heavy industrial development regulated as a conditional use
under section 9, subsection 3(c) of the Jefferson county
Emergency Zoning ordinance, No, 1-0106-92.
HYDRIC SOIL: soil that is saturated, flooded or ponded long
enough during the growing season to develop anaerobic conditions
in the upper part. The presence of hydric soil shall be
determined following the methods described in the Corps of
Engineers Wetland Delineation Manual, Technical Report No.
Y-87-1.
b.
c.
d.
e.
f.
HYDROGEOLOGY, HYDROGEOLOGICAL OR HYDROGEOLOGIC: The science, or
related to the science, that deals with the properties,
distribution and circulation of water through geologic material.
HYDROPHYTIC VEGETATION: Macrophytic plant life (i.e., plant
life large enough to be perceived or examined without
instrumentation) growing in water or on a substrate (i.e., a
layer of earth beneath the soil surface) that is at least
periodically deficient in oxygen as a result of excessive water
content.
IMPERVIOUS SURFACE: A constructed, hard surfaced area that
either prevents or retards the entry of water into the soil
mantle as under natural conditions prior to development, or a
hard surfaced area that causes water to run off the surface in
greater quantities or at an increased rate of flow from the flow
present under natural conditions prior to development.
Impervious surfaces include, but are not limited to: roof tops;
walkways; patios; driveways; parking lots or storage areas;
concrete or asphalt paving; packed earthen materials; and oiled
or macadam surfaces which similarly impede the natural
infiltration of stormwater.
LANDSLIDE: The downslope movement of a mass of slope materials
including rock, soils, artificial fills and vegetation.
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27 44.
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34 45.
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39 46.
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44
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46
47
48
49
50
51
52
LANDSLIDE HAZARD AREAS: Areas that are susceptible to sliding
which are designated as critical areas by this ordinance,
LOW INTENSITY LAND USES: Any of the following uses or activities
that require approval of a "triggering application":
a. A single family residence on a legally created building lot
with a minimum lot area of one acre or greater in size;
Subdivision development with an average density of less
than one parcel per acre, including a pro rata share of
common open space and roads, and excluding tidelands;
Any new commercial or industrial development occurring
within a designated general commercial, light industrial,
or light industrial/commercial zone and regulated under the
Jefferson county Emergency zoning ordinance, No. 1-0106-
92, equal to or less than seven hundred and fifty (750)
square feet;
Signs regulated as a conditional use under section 9,
subsection 3(d) of the Jefferson county Emergenoy zoning
ordinance, No, 1-0106-92;
Home businesses regulated as conditional uses under section
9, subsection 3(e) of the Jefferson county Emergency zoning
ordinance, No, 1-0106-92; and
Temporary acti vi ties and structures regulated under section
10 of the Jefferson County Emergency zoning ordinance, No.
1-0106-92.
b.
c.
d.
e.
f.
MARINE BLUFF: A steeply rising slope that abuts and rises from
a marine shoreline. For the purposes of this ordinance, marine
bluffs include areas where the slope is equal to or in excess of
forty-five (45) percent, or where the ground surface rises forty-
five (45) feet or more vertically within a horizontal distance
of one hundred (100) feet.
MINOR PRUNING: The cutting and removal of dead or living parts
or branches of a plant, shrub, or tree that, in the judgment of
the Administrator, will not measurably increase impacts to a
designated critical area or its buffer.
MITIGATION: Avoiding, minimizing, rectifying, or compensating
for adverse critical area (e,g" wetland) impacts. Mitigation,
in the following order of preference is:
a.
Avoiding the impact altogether by not taking a certain
action or parts of an action;
b.
Minimizing impacts by limiting the degree or magnitude of
the action and its implementation by using appropriate
technology, or by taking aff irmati ve steps to avoid or
reduce impacts;
c.
Rectifying the impact by repairing, rehabilitating,
restoring the affected environment; and
or
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5
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11 48.
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14 49.
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18 50.
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29
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33 51.
34
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36
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40 52.
41
42
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44 53.
45
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48 54.
49
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51
52
d.
Compensating for the impact by replacing, enhancing, or
providing substitute resources or environments.
MONITORING: The collection and analysis of data for the purpose
of documenting changes in natural ecosystems and features.
Monitoring includes gathering baseline data and follow-up data
to evaluate the impacts of development on biological, hydrologic
and geologic elements of ecosystems and features, and assessing
the performance of required mitigation measures.
Vegetation that is indigenous to the North
NATIVE VEGETATION:
Olympic Peninsula.
NATURAL CONDITION: The condition of a parcel of real property
immediately prior to any site preparation or grading, including
excavation or filling,
ORDINARY HIGH WATER MARK: The mark on all lakes, streams and
tidal waters that will be found by examining the beds and banks
and ascertaining where the presence and action of waters are so
common and usual and so long continued in all ordinary years, as
to mark upon the soil a character distinct from that of the
abutting upland in respect to vegetation as that condition exists
on June 1, 1971 or as it may naturally change thereafter, or as
it may change thereafter in accordance with permits issued by a
local government or the Washington state Department of Ecology:
Provided, that in any area where the ordinary high water mark
cannot be found, the ordinary high water mark adjoining salt
water shall be the line of mean higher high tide and the ordinary
high water mark adjoining fresh water shall be the line of mean
high water.
PARCEL: A legally created lot, parcel, or tract of real property
in which the boundary is def ined by a deed recorded in the
Jefferson County Auditor's Office; or, a legally created lot,
parcel, or tract of real property that has been defined by a
survey recorded pursuant to Washington state surveying or
platting laws.
PRIORITY SPECIES: Those species that are State-listed
endangered, threatened, sensitive, candidate and monitor species
as well as priority game and nongame species.
PROTECTION: A measure, or set of measures, designed to conserve
a particular area and the naturally occurring processes directly
associated with it,
RAVINE: A small, narrow, steep sided land form generally having
little or no floodplain and deeper than ten (10) vertical feet
as measured from the centerline of the ravine to the top of the
slope. Ravines are created by the wearing action of streams.
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5
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8 57.
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17 58 .
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23 59.
24
25
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29 60.
30
31
32
33
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35 61.
36
37
38
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40 62.
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42
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49
50
51
52
REASONABLE ECONOMIC USE: A legal use that has been articulated
by Federal and State courts in regulatory takings cases.
RESTORATION: Actions taken to return a critical area (e.g.,
wetland or stream) to a state in which its stability, functions
and values resemble its unaltered state as closely as possible.
ROAD OR STREET: Any vehicular right-of-way that is: an existing
State, county, or municipal roadway; a publicly owned easement
shown upon a plat or binding site plan approved under the
Jetterson county Subdivision Ordinance, No. 4-0526-92, as .
amended; or a private access greater than fifty (50) feet in
length serving more than one property through right of use or
easement. The road or street shall include all land within the
boundaries of the road right-of-way that is improved.
SALMONID: Any fish belonging to the family Salmonidae. In
Jefferson County these include: Chinook Salmon; Coho Salmon;
Chum Salmon; Sockeye Salmon; Pink Salmon; Rainbow Trout;
Steelhead Trout; Brown Trout; Brook and Dolly Varden Char;
Kokanee; and Whitefish,
SLOPE: An inclined ground surface, the inclination of which is
expressed as a ratio (i.e" percentage) of vertical distance to
horizontal distance by the following formula:
vertical distance
horizontal distance X 100 = % slope.
SPECIAL REPORTS: Those reports that are required as
critical area review under this ordinance. Special
include: aquifer recharge area reports; drainage and
control plans; geotechnical reports; grading plans;
management plans; and wetland delineations/reports.
part of
reports
erosion
habitat
STATE ENVIRONMENTAL POLICY ACT, SEPA, OR SEPA RULES: The State
law (state Environmental Policy Act of 1971, Chapter 43.21C RCW)
and the State rules (Chapter 197-11 WAC) implementing that
legislation.
STREAMS: Those areas where surface waters flow sufficiently to
produce a defined channel or bed, A defined channel or bed is
an area that demonstrates clear evidence of the passage of water
and includes but is not limited to: bedrock channels; gravel
beds; sand and silt beds; and defined channel swales. This
definition is not meant to include irrigation ditches, canals,
storm or surface water runoff devices or other entirely
artificial water courses unless they are used by anadromous or
salmonid fish or used to convey streams naturally occurring prior
to construction. This includes Washington state Department of
Natural Resources stream types 1-5 as set forth in Chapter 222-
16-030 WAC.
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2
3
4
5
6 64.
7
8
9 65.
10
11
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13 66.
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17 67.
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19
20
21 68.
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24
25
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29
30
31
32
33
34
35
36
37
38 69.
39
40
41
42
43 70.
44
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46 71.
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50
51
52
STRUCTURE: A permanent or temporary buildin~, .or any piece ~r
work artificially built or composed of parts ]o1ned together 1n
some definite manner, whether installed on, above, or below, the
surface of the ground or water.
SUBDIVISION: Any division of land regulated under the Jefferson
county Subdivision ordinance, No, 4-0526-92, as amended.
SUSCEPTIBILITY: The ability of the physical environment to
transmit contaminants to groundwater (e.g., soil materials and
degree of slope),
TOE OF SLOPE: A distinct topographic break in slope. Where no
distinct break exists, this point shall be the lower most limit
of the landslide hazard area,
TOP OF SLOPE: A distinct topographic break in slope. Where no
distinct break in slope exists, this point shall be the uppermost
limit of the landslide hazard area,
TRIGGERING APPLICATIONS: The applications set forth in
subsection 3.30 of this ordinance that are subject to the
provisions of this ordinance. Triggering applications include:
applications for residential, industrial and commercial
structures (including additions and renovations), towers and
above ground storage tanks made under the Jefferson county
Building Code ordinance, applications for sewage disposal permits
made under the Jefferson County Rules and Regulations for On-
si te Sewage Disposal systems, approvals under the Jefferson
County Emergency zoning Ordinance, No, 1-0106-92, or any
permanent zoning control adopted or amended thereafter; approvals
under the Jefferson county Subdivision ordinance, No. 4-0526-
92, as amended; approvals under the Jefferson county Camper Club
ordinance, No. 3-80, as amended; and shoreline substantial
development permits and permit exemptions under the Jefferson-
Port Townsend Shoreline Management Master Program.
UTILITIES: Fixed improvements, including structures and
facilities, that convey, generate, transmit or distribute power,
gas, oil, water, sewage, surface drainage, or communication
signals.
VEGETATION: Any and all living plant species growing at, below,
or above the soil surface,
WETLANDS: Areas that are inundated or saturated by surface water
or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions (i.e., hydrophytes). Wetlands generally include:
swamps; marshes; bogs and similar areas. Wetlands do not include
those artificial wetlands intentionally created from nonwetland
15
.VOL
20 rAG~ 788
1
2
3
4
5
6
7
8 72.
9
10
11
12 73.
13
14
15
16
17
18
19
20 74.
21
22
23
24 75.
25
26
27
28
29 76.
30
31
sites, including, but not limited to: irrigation and drainage
ditches; grass-lined swales; canals; detention facilities; waste
water treatment facilities; farm ponds; and landscape amenities.
However, wetlands may include those artificial wetlands
intentionally created from nonwetland areas to mitigate
conversion of wetlands, if permitted by the county.
WETLAND BOUNDARY: The boundary of a wetland as established by
using the Corps of Engineers Wetland Delineation Manual,
Technical Report No. Y-87-1,
WETLAND BUFFER: A designated area adjacent to a wetland that
protects, and is integral to, the wetland ecosystem. Buffers
provide shading, input of organic debris and coarse sediments,
room for variation in stream or wetland boundaries, habitat for
wildlife and protection from harmful intrusion necessary to
protect the public from losses suffered when the functions and
values of aquatic resources are degraded,
WETLAND, DESIGNATED: Designated wetlands are those class I, II,
III and IV jurisdictional wetlands that are regulated by this
ordinance (see WETLAND, JURISDICTIONAL).
WETLAND, JURISDICTIONAL: Those wetlands that meet the three
criteria defined in the Corps of Engineers Wetland Delineation
Manual"", Technical Report No, Y-87-1. (i .e., hydric soils, wetland
hydrology and hydrophytic vegetation).
WILDLIFE: All species of the animal kingdom whose members exist
in Jefferson County in the wild state.
16
. VOL
20 tAΠ789
1
2
3
4 Subsections:
5
6
7
8
9
10
11
12
13
14
15 1.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 2.
31
32
33
34
35
36
37
38
39
40
41
3.10
3.20
3.30
3.40
3.50
SECTION 3:
SCOPE
Coverage
Relationship to Existing
General Applicability
Exemptions
Non-Conforming Uses
Regulations
3.10
Coveraqe
These regulations shall apply to applications for proposals
requiring anyone of the permits or approvals (hereinafter
referred to as "triggering applications") set forth in subsection
3.30, below, for a project on a parcel of real property
containing a designated critical area or its buffer. In
instances where a proposal involves a parcel of real property
with more than one critical area or critical area buffer, the
standards that pertain to each identified critical area shall
apply. When provisions of this ordinance conflict with one
another, or when provisions of this ordinance conflict with any
other local law, the provision that provides more protection to
the critical area shall apply, No triggering application
involving a designated critical area shall be approved unless it
is determined to be in compliance with this ordinance.
Any action taken in a critical Area designated under this
ordinance that is in violation of the standards and conditions
contained herein is expressly prohibited.
3.20
Relationship to Existing Requlations
Except where a contrary intent clearly appears, the provisions of this
ordinance shall be construed to the maximum feasible extent consistent
with Federal, State and local law,
17
~VOL
2 0 rAG~ 790
1
2
3 Applications for the following permits or approvals
4 triggering applications under this ordinance:
5
61.
7
8
9
10
11
12
13
14
15
16
17
18
19
20 2.
21
22
23
24
25 3.
26
27
28
29 4.
30
31
32 5.
33
34
35 6,
36
37
38
39
40
41
42
43
3.30
General Applicability
shall be considered
The following applications for Building Permits made under the
Jefferson county Building Code Ordinance:
Single Family Residential: Mobile; Modular; stick Frame;
Additions
Multi- Family Residential: Duplexes; Fourplexes; Condominiums;
Apartment Houses
commercial, including additions
Industrial, including additions
(Radio and Cellular) Towers
Above Ground Storage Tanks
Additions and Renovations
Applications for Sewage Disposal Permits made under Jefferson
County Ordinance No. 277, Rules and Regulations for on-site
sewage Disposal Systems, or any ordinance adopted or amended
thereafter.
Applications for approval under the Jefferson county Emergency
zoning ordinance, No. 1-0106-92, or any permanent zoning control
adopted or amended thereafter.
Applications for approval under the Jefferson county Subdivision
ordinance, No. 4-0526-92, as amended,
Applications for approval under the Jefferson county camper Club
Ordinance, No. 3-80, as amended.
Applications for shoreline substantial development permits and
permit exemptions under the Jefferson-Port Townsend Shoreline
Management Master Program.
(Note: Applicants for anyone of the triggering applications
listed above, should refer to sections 6,7,8,9 and 10 of these
regulations to determine the precise rules of applicability).
18
.VOL
20 rAG~ 791
1
2
31.
4
5
6
7
8
9
10
11
12
13 2.
14
15
1€
17
18
19
20
21
22
23
24
25 1.
26
27
28
29
30 2.
31
32
33
34
35
36 3.
37
38
39 4.
40
41
42
43
44
45
46
47
48
49
3.40
Exemptions
The following applications for building permits issued under the
Jefferson county Building Code Ordinance, No. 1-0208-93, are
exempt from the provisions of this ordinance:
Alterations
Underground storage Tanks
Woodstoves
Propane storage Tanks for single family houses or mobile homes
Title Eliminations on existing mobile homes
Building lots created under the provisions of the Jefferson
County Subdivision ordinance, No. 4-0526-92, as amended, where
the subdivision application for said lots has been reviewed
pursuant to this ordinance, shall be exempted from critical area
. review and the provisions of this ordinance if documented
compliance of the subdivision with the standards of this
ordinance is provided at the time application is made for a
building permit.
3.50
Nonconforminq Uses
Any use or structure in existence on the date this ordinance
becomes effective that does not meet the buffer requirements of
this ordinance for any designated critical area shall be
considered a legal nonconforming use,
Any use or structure for which an application has vested or for
which a permit has been obtained prior to the date this ordinance
becomes effective that does not meet the buffer requirements of
this ordinance for any designated critical area shall be
considered a legal nonconforming use,
A legal nonconforming use or structure may be repaired or
maintained without limitation by this ordinance.
A legal nonconforming use or structure that has been damaged or
destroyed by fire or other calamity may be restored and its
immediately previous use may be resumed.
19
~VOL
20 'rAG~ 792
1
2
3
4 Subsections:
5
6
7
8
9
10
11
12
13
14 1.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41 2.
42
43
44
45
46
47
48
49
50
4.10
4.20
4.30
4.40
SECTION 4:
ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY
Planning Department
Department of Public Works
Hearing Examiner
Board of County Commissioners
4.10
Planninq
Department
The Planning Department shall have overall administrative
responsibilities regarding the processing of triggering
applications that are subject to critical area rev.Law unc'lp,r this
ordinance. Specifically, the Critical Areas Administrator or
his/her designee shall be empowered to:
a.
Review triggering applications and determine the probable
existence of critical areas or critical area buffers on the
parcel involved in the triggering application;
Make administrative determinations regarding waivers and
exemptions from these regulations;
Verify the accuracy and sufficiency of all special reports
required under these regulations, including critical area
boundary and buffer determinations;
Review all triggering applications that are subject to the
provisions of this ordinance for conformance with the
standards of this ordinance;
Condition, or recommend conditions of approval that ensure
conformance with the purposes and standards of this
ordinance;
Process triggering applications subject to these regulations
in a manner consistent with the procedures outlined in the
ordinance governing the triggering application; and
Suspend or revoke triggering permits when a permittee has
violated the conditions or limitations of the triggering
permit, or has exceeded the scope of work approved.
b.
c.
d.
e.
f.
g.
Additionally, the critical Areas Administrator shall be empowered
to construe or interpret vague or incomplete terms within this
ordinance, consistent with the overall intent and purposes of
these regulations. Furthermore, the Administrator shall have
the power to prescribe specific administrative rules and
procedures related to the implementation of these regulations.
Any interpretation, rule or procedure promulgated by the
Administrator shall take effect immediately, subject to the
provisions set forth below:
20
. VOL
2 0 r'AG~ 793
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 1-
17
18
19
20
21 2.
22
23
24
25 3.
26
27
28 4.
29
30
31
32
33
34
35
36 1.
37
38
39
40 2.
41
42
43
44
45
46 3.
47
48
49
50
51
a.
within thirty (30) days of the establishment of an ordinance
interpretation, rule or procedure, the Planning Commission
shall review the interpretation, rule or procedure and
transmit a written report to the Board recommending
affirmance, modification, or rejection;
b.
within fourteen (14) days of receipt of the planning
commission's report, the Board shall examine the report at
a regularly scheduled public meeting and affirm, modify or
reject the interpretation, rule or procedure promulgated by
the Administrator.
4.20
Department of Public Works
The Depart~ent of Public Wor"ks shall ¡:-eview triggering
applications subject to these regulations in a manner consistent
with the procedures outlined in the ordinance governing the
triggering application.
The Department of Public-Works shall possess the same authority
and responsibility as set forth in the ordinance governing the
triggering application.
The Department of Public Works shall establish requirements for
the submission of drainage and erosion control plans.
The Department of Public Works shall review special reports that
are within the Department's range of expertise, and shall make
appropriate recommendations to the Administrator thereon,
consistent with the purposes and substantive requirements of this
ordinance.
4.30
Hearinq Examiner
The Hearing Examiner shall review triggering applications subject
to these regulations in a manner consistent with the procedures
outlined in the ordinance governing the triggering application.
When the Hearing Examiner is required to hold a public hearing
by the ordinance governing the triggering application, the
Examiner shall consider all relevant critical area issues and
shall condition, or recommend conditions of approval that ensure
conformance with the purposes and standards of this ordinance.
The Hearing Examiner is hereby assigned the functions, powers
and duties incident to holding hearings and making
recommendations to the Board on the approval or disapproval of
appeals of administrative determinations made under this
ordinance.
21
'JOL
20 tA'G~ 794
1 4.
2
3
4
5
6
7
8
9 1.
10
11
12
13
14
15
:i6
17
18
19
20 2.
21
22
23
24 3.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
The Hearing Examiner is hereby assigned the functions, powers
and duties incident to holding hearings and making final
decisions on the approval or disapproval of reasonable economic
use variance applications under this ordinance.
4.40
Board of County Commissioners
When required by the ordinance
application, the Board shall:
governing
triggering
the
a.
Generally find whether or not the proposal adequately
protects the public health, safety and welfare;
Ensure that the proposal conforms with the ordinance
governing the triggering application and the purposes and
standards oi this ordinance; and
Enter written findings demonstrating that the proposal is
consistent with the provisions of this ordinance.
b.
c.
The Board shall make final decisions regarding appeals of
administrative determinations made under this ordinance, upon
receipt of a recommendation from the Hearing Examiner.
The Board shall hold hearings and make final decisions on appeals
of reasonable economic use variance applications approved or
disapproved by the Hearing Examiner under this ordinance.
22
. VOL
20 tJt~ 795
1
2
3
4 Subsections:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
SECTION 5:
PROCESS AND ADMINISTRATION
5.10
5.20
5.30
5.40
critical Area Determination
Process
critical Area Review Requirements
Review of critical Area Applications and Reports
5.10 critical Area Determination
5.101 Triqqering Application: Upon submittal of a triggering
application, the Administrator shall determine the probable existence
~í eritical areas on the parcel involved in the appllcati~n. The
Administrator shall review and consider all publicly available
information in determining the probable existence of critical areas,
including, but not limited to: critical area maps and inventories
prepared by the Department; data sources referenced within this
ordinance; and the results of field investigations conducted by the
Department. If critical areas or critical area buffers are found to
exist on a parcel, the provisions of this section, and all other
relevant sections of this ordinance shall apply.
5,102 Advance Determination: To provide assistance in planning for
the future development of a parcel for which no triggering application
has been submitted nor is anticipated to be submitted in the immediate
future, an Advance Determination of the probable existence of critical
areas or buffer areas on the site is available. This Advance
Determination shall be of two types: binding, and non-binding.
1.
Non-binding Advance Determination: A non binding advance
determination shall be based on an informal interpretation
of critical area maps and inventories prepared by the
Department; data sources referenced within this ordinance;
and the results of field investigations conducted by the
department. It is intended to be used for reference only,
and shall. not be represented or construed to be legal,
official or final. Actual critical areas may be more or
less than what is described.
2.
Bindinq Advance Determination:
i. A binding advance determination as to the presence of a
critical area or buffer on a parcel of real property may
only be obtained by the property owner, or by a firm or
individual acting under the clear written authority of
the property owner.
23
. VOL
20 rAL~ 796
ii. A binding advance determination shall specifically
delineate critical areas and critical area buffers found
on a site. Such delineation shall involve, as
appropriate, a site inspection, study of site
characteristics, and production of a summary report
detailing the results of the investigation. Any final
document submitted to the owner of the subject property,
or their authorized representative, shall be clearly
identified as being produced for the binding advanced
determination.
1
2
3
4
5
6
7
8
9
10
11
12
13
14 5.201 Process - General: Whenever a triggering application is
15 submitted for a project on a parcel of real property and where
16 available information suggests the presenr.e of.a critical area or
17 critical area buffer, the Department shall, as soon as practicable,
18 undertake a site inspection to gather additional information for
19 determining the existence of a critical area or buffer on the subject
20 property. Should review of this information, together with any other
21 available data identified in subsection 5,10 above, confirm the
22 existence of a critical area or critical area buffer on the property,
23 the provisions of this ordinance shall be implemented in conjunction
24 with the processing of the triggering application.
25
26
27
28
29
30
31
32
33
34 5.203 Exemptions: The following shall be exempt from the provisions
35 of this section and the administrative rules:
36
37
38
39
40
41
42
43
44
45
46
47
5.20
Process
5.202 Permit Required: Unless exempt from the provisions of this
ordinance pursuant to section 3.40, and/or exempt from the
requirements of this section, no person, party, firm, corporation or
public agency shall undertake any development proposal within a
critical area or its buffer, unless the work is in accordance with a
valid permit or approval from the County issued pursuant to the
provisions of this ordinance.
1.
SEPA: Triggering application submitted for projects that are
subject to SEPA review, provided that the development
standards contained within this ordinance are incorporated
as SEPA mitigations where appropriate.
2.
Prior SEPA Determination: Triggering applications submitted
for projects previously subject to SEPA review, provided
that the previous SEPA review evaluated the type and extent
of development currently proposed for the subject property
and its impacts on any critical areas.
24
'. VOL
20 t~'GE 797
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 5.301 ADDli~ation Requirements - General: Applicants for projects
17 subj'ect to triggering applications shall be required to identify
18 whether the site involved contains any of the critical areas
19 identified in this ordinance. Where either the applicant indicates
20 that a critical area or its buffer is present, the area is mapped as a
21 critical area or buffer, or the County has a reasonable belief that a
22 critical area or buffer exists on the site! the below-listed
23 requirements are applicable.
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
3.
4.
Prior critical Area Review: Triggering applications
submitted for projects previously subject to critical area
review, provided that the previous critical area review
evaluated the type and extent of development currently
proposed for the subject property and its impacts on any
critical areas, and no substantial change has occurred to
the subject property since the time of critical area review.
waivers: Triggering applications for projects that have
received a Waiver consistent with the requirements of
section 6.40, 7.40, 9.40, 10.40 and 11,10 of this ordinance.
5.30 critical Area Review Requirements
5.302 Preapplication Consultation: Any person intending to apply for
a triggering application involving a designated critical area or its
buffer is encouraged, but not required, to meet with the Department
during the earliest possible stages of project planning in order to
discuss critical area impact avoidance, minimization, compensation,
and the required elements of the critical area review and mitigation
before large commitments have been made to a particular project
design. Effort put into preapplication consultations and planning
will help applicants create projects that will be more quickly and
easily processed.
5.303 critical Area Review Requirements: Applicants shall submit the
following information upon submission of their triggering application,
or, upon notification that critical area review is required:
1.
Any special reports required pursuant to sections 6, 7, 8,
9, and 10 of this ordinance,
2.
A description of the vegetative cover of the critical area
and adjacent areas, including the significant species and
native vegetation.
3.
A site plan for the proposed activity at an easily readable
scale showing the location, width! depth and length of all
existing and proposed disturbed areas, structures, roads,
stormwater management facilities! sewage treatment
facilities, and installations within the critical area or
buffer (if applicable); to assist in timely permit
25
I VOL
20 t~'G£ 798
17
18
19
20
21
22
23
24
25
26 5.401 critical Area Review of Triqqering Permit Applications and
27 Reports - General: The Administrator as part of the review process
28 shall verify information submitted by the applicant; confirm the
29 nature and type of critical area and evaluate applicable reports;
30 determine whether the proposal is consistent with the development
31 standards contained within this ordinance; determine whether any
32 mitigations proposed by the applicant are consistent with the
33 purposes, objectives and requirements of this ordinance; and approve
34 or deny the application.
35
36
37
38
39
40
41
42 5.403 Conditions:
43
44 1.
45
46
47
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
4.
processing, applicants are encouraged to overlay site plans
from aerial photographs, which are available upon request
from the Department of Public Works for certain areas of
eastern Jefferson County.
A description of the specific means proposed to mitigate
adverse environmental impacts of the proposal, based upon
the substantive requirements of this ordinance.
5.304
Public Notice and Hearinq:
1.
If the ordinance governing the triggering application does
not require that a public hearing be held as part of the
review process, but does require public notice of pending
appllcatiun, the public notice of ~endiTIg ~pplication shall
also include notice of any pending Critical Area review.
2.
If a public hearing is held on a triggering application,
such hearing shall include consideration of critical area
issues under this ordinance.
5.40
Critical Area Applications and Reports
5.402 Findinqs: A decision approving or denying a triggering permit
application, based on critical area review, shall be strictly based on
conformance with the standards and requirements contained within this
ordinance. All decisions shall be supported by findings of fact
relating to the standards and requirements of this ordinance.
A decision approving a permit application involving a designated
critical area or its buffer shall incorporate the following
conditions:
26
: VOL
20 f~E 799
1
2
3
4
5
6
7
8
9
10
11
12
13 5.404
14
15 1-
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 2.
34
35
36
37
38
39
40
41
42
43
44 3.
45
46
47
a. Approved protection mechanisms addressing specifically
identified adverse environmental impacts of the proposal,
based upon the substantive requirements of this
ordinance; and
b.
Buffer marking requirements, if applicable.
2.
Conditions of approval required by critical Area review
shall be incorporated as conditions of approval in the
triggering permit.
Appeal of Administrative Decisions:
Conditions imposed through critical area review of a triggering
application made under any of the following crdin~~ce~ may be
appealed using the procedure set forth in the ordinance governing
the application:
The Jefferson County Emergency zoning ordinance, No. 1-1006-92,
or any permanent zoning control adopted or amended thereafter;
Applications for approval under the Jefferson County Subdivision
Ordinance, No. 4-0526-92, as amended;
Applications for approval under the Jefferson County Camper Club
Ordinance, No. 3-80, as amended;
Applications for shoreline substantial development permits and
permit exemptions under the Jefferson-Port Townsend Shoreline
Management Master Program.
Conditions imposed through critical area review of a triggering
application made under any of the following ordinances may be
appealed to the Hearing Examiner, who shall review the
application and make recommendations as provided under
subsections 4.30 and 4.40 of this ordinance:
The Jefferson County Building Code Ordinance;
Jefferson County Ordinance No. 277, Rules and Regulations for On-
site Sewage Disposal systems.
Appeals of administrative decisions made under subsection 5.404.2
of this ordinance may be made only by the applicant for the
triggering permit or approval.
27
, VOL
20 'H~BOn
r.",: U
1 5.405 Time Period for Review and Approval: Any time period specified
2 for review and approval in an ordinance governing a triggering
3 application shall not begin to run until critical area review under
4 this ordinance is completed. This subsection shall not be construed
5 in any way to delay vesting under Washington law.
6
7
8
9
10
11
5.406 Fees: Fees for critical area review, site investigations and
determinations and critical area report preparation shall be as set
forth in Appendix A.
28
VOL
20 r~G:801
1
2
3
4 Subsections:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
SECTION 6:
WETLANDS
6.10
6.20
6.30
6.40
6.50
Introduction
Purpose
Classification/Designation
Applicability and Waivers
Protection Standards
6.10
Introduction
Wellands i~ Jcffe=son County are charac~~rizcd by hydric soils, wdt~r-
tolerant plants (i.e., hydrophytic vegetation), and surfaces that are
either saturated or inundated with water for a specified period of
time during the growing season. A wetland positively impacts water
quality and stormwater control by trapping and filtering surface and
ground water. Wetlands also provide valuable habitat for fish and
wildlife. Because of the difficulty in replacing these rare and
valuable areas, these regulations control development within and
adjacent to specific high quality wetlands,
6.20
Purpose
To protect the public from harm by preserving the functions of
wetlands and streams as recharge for groundwater, flood storage,
floodwater conveyance, habitat for fish and wildlife, sediment
control, pollution control, surface water supply, and aquifer
recharge. The purpose of this ordinance section is, however,
subordinate to the overall purpose of this ordinance as stated in
§1.201.
6.30
Classification/Designation
6.301 Classification: For the purposes of this ordinance, wetlands
shall be classified using the Washington State Department of Ecology's
Wetland Ratinq Svstem for Western Washinqton, October, 1991 ed.
6.302 Desiqnation: As determined using the Washington State
Department of Ecology's Wetland Rating System for Western Washington,
October, 1991 ed., class I wetlands, class II wetlands 2,500 square
feet or larger in size and class III and IV wetlands 10,000 square
feet or larger in size shall be subject to the standards of this
section.
29
. VOL
20 rAŒ802
1 6.303 Sources Used for Identification:
2 designated wetlands include, but are not
3
41.
5
6
7 2.
8
9
10
11
12 3.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Sources used to identify
limited to:
United States Department of the Interior, Fish and wildlife
Service, National Wetlands Inventory,
Areas identified as hydric soils, soils with significant
soil inclusions and "wet spots" within the united States
Department of Agriculture/Soil Conservation Service Soil
Survey for Jefferson County,
Washington State Department of Natural Resources, GeoaraDhic
Information Svstem: HydrographY and Soils Survey Layers.
6.304 Wetland MaDS: The wetland maps prepared by the County using the
identification.sources listed in subsection 6.303 have been produced
for informational purposes only and are not regulatory devices forming
an integral part of this ordinance.
6.40
ADDlicabilitv and Waivers
6.401 ADDlicability: critical area review shall be required for any
triggering application for a project on a parcel of real property
containing a designated wetland or its buffer, unless waived under
subsection 6.402, below.
6.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates, to the satisfaction of the Administrator,
that all building sites and project related improvements (including
any clearing or grading activity) will be located outside of any
designated wetland or its buffer.
6.403 Waiver Conditions: In order to secure compliance with
subsection 6.402, above, the Administrator may require conditions of
approval which ensure that no portion of the proposed development will
encroach upon the designated wetland or its buffer, Conditions of
approval may include, but are not limited to: partial wetland
delineations; optional conservation easements; and the graphic
portrayal of building envelopes and related improvements on the face
of final short or long plats and binding site plans.
6.50
Protection standards
6.501 General: A triggering application for a project on a parcel of
real property containing a designated wetland or its buffer shall
adhere to the requirements set forth below.
30
~ VOL
20 r~G~803
1 6.502 Delineation: An applicant submitting a triggering application
2 shall also submit, and have approved, a wetland delineation report as
3 specified in section 11 of this ordinance. Additionally, the
4 following provisions shall apply:
5
6 1.
7
8
9
10
11
12 2.
13
14
15
16
17 3.
18
19
20
21
22
23
24
25
26
27
28
29
30
31 1.
32
33
34
35
36
37 2.
38
39
40
41
42
43
44 3.
45
46
47
The location of the wetland and its boundary shall be
determined through the performance of a field investigation
utilizing the methodology contained in the Corps of
Engineers Wetland Delineation Manual, Technical Report No.
Y-87-1.
If the wetland is located off of the property involved in
the triggering application and is inaccessible, the best
information available shall be used to determine the wetland
boundary and class.
After approval of the delineation report, the wetland
boundary shall be staked and flagged in the field.
6.503 Drainage and Erosion Control: An applicant submitting a
triggering application shall also submit, and have approved, a
drainage and erosion control plan as specified in section 11 of this
ordinance. The plan shall discuss, evaluate and recommend methods to
minimize sedimentation of designated wetlands during and after
construction.
6.504 Buffer Markinq: Upon approval of the delineation report the
location of the outer extent of the wetland buffer shall be marked in
the field as follows:
A permanent physical separation along the upland boundary of
the wetland buffer area shall be installed and permanently
maintained. Such separation may consist of logs, a tree or
hedge row, or other prominent physical marking approved by
the Administrator.
Buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or everyone hundred (100) feet,
whichever is less. Signs shall remain in place prior to and
during approved construction activities, The signs shall
contain the following statement: "Wetland & Buffer - Do Not
Remove or Alter Existing Native Vegetation,"
A notice to title shall be recorded with the Auditor, using
the form approved by the Prosecuting Attorney (included as
Appendix B of this ordinance),
31
. VGI-
20 f~.C£ BOt
1 4.
2
3
4
5
6
7 5.
8
9
10
11
12
13
14 6.505 Buffers - Standard Reauirements:
15 provisions shall apply:
16
17 1-
18
19
20
21 2.
22
23
24
25
26 3.
27
28
29
30
31
32
33
34
35
36 4.
37
38
39 5.
40
41
42
43
44
45
46
47
48
In the case of short plat, long plat and binding site plan
approvals under the Jefferson county Subdivision Ordinance,
No. 4-0526-92, as amended, the applicant shall include on
the face of any such instrument the boundary of the wetland
and its buffer.
The applicant may also choose to dedicate the buffer through
a conservation easement or deed restriction that shall be
recorded with the Jefferson County Auditor. Such easements
or restrictions shall, however, use the forms approved by
the Prosecuting Attorney that are included as Appendices C
and D of this ordinance.
The following buffer
Buffer areas shall be required to provide sufficient
separation between the designated wetland and the adjacent
proposed project.
The appropriate width of the wetland buffer shall be
determined by either: application of the standard buffer
widths set forth below; or, an individual or firm meeting
the criteria of subsection 11,1002, below,
Buffers shall remain naturally vegetated except where the
vegetation has been disturbed, invaded by highly undesirable
species (e.g., noxious weeds), or would substantially
benefit from the increased diversity of introduced species.
Where buffer disturbance has occurred during construction,
replanting with native vegetation shall be required. Minor
pruning of vegetation to enhance views and removal of
undesirable species (e.g" alders) may be permitted by the
Administrator on a case by case basis,
All buffers shall be measured perpendicularly from the
wetland boundary as surveyed in the field.
Standard wetland buffer widths:
Low Intensity
Land Uses
Wetland Class
Hiah Intensity
Land Uses
Class I
Class II
Class III
Class IV
150 feet
100 feet
50 feet
25 feet
75 feet
50 feet
25 feet
25 feet
32
. VOL
20 rAG~805
1 6.506 Reducinq Buffer widths: The Administrator may reduce the
2 standard wetland buffer widths set forth in subsection 6.505.5, above,
3 when the project applicant demonstrates both of the following to the
4 satisfaction of the Administrator:
5
61.
7
8
9 2.
10
11
12
13
14
15
16
17
18
19
20
21
22
23 1.
24
25
26 2.
27
28
29
30
31
32
33 3.
34
35
36
37 4.
38
39
40
41
42
43
44
45
46
47 1.
48
49
50 2.
51
52
standard wetland buffer width averaging as.set forth in
subsection 6.508, below, is unfeasible.
The project application includes a buffer enhancement plan
using native vegetation which substantiates that an enhanced
buffer will improve the functional attributes of the buffer
to provide additional protection for functions and values.
Under no circumstances shall buffer widths be reduced by
more than twenty-five (25) percent.
6.507 Increasinq Buffer widths: The Admini::.trator may increase 'chc
standard wetland buffer widths set forth in subsection 6.505.5, above,
when a larger buffer is necessary to protect wetland functions and
values based on local conditions. This determination shall be made
only when the Department, at its own expense, demonstrates anyone of
the following through appropriate documentation:
A larger buffer is necessary to maintain viable populations
of existing species.
The wetland is used by species listed by the Washington
state Department of wildlife as endangered, threatened, or
sensitive, or has documented priority species or habitats or
essential or outstanding potential habitat for those
species, or has unusual nesting or resting sites (e,g.,
heron rookeries and rapt or nesting trees),
The adjacent land is susceptible to severe landslide or
erosion, and erosion control measures will not effectively
prevent adverse wetland impacts,
The adjacent land has minimal vegetative cover or slopes
greater than forty-five (45) percent,
6.508 Averaqinq Buffer widths: The Administrator may modify the
standard wetland buffer widths set forth in subsection 6,505.5, above,
by averaging, Buffer width averaging shall be allowed only when an
individual or firm meeting the criteria of subsection 11,1002, below,
demonstrates all of the following to the satisfaction of the
Administrator:
width averaging will not adversely impact the wetland
functional values.
The total area contained within the wetland buffer after
averaging is not less than that contained within the
standard buffer prior to averaging,
33
.VOL
20 rAE BOB
1 3.
2
3
4
The standard buffer width has not been reduced by more than
fifty (50) percent or to less than twenty-five (25) feet.
34
.VOL
20 rAG£807
.~
1
2
3
4 Subsections:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
SECTION 7:
CRITICAL AQUIFER RECHARGE AREAS
7.10
7.20
7.30
7.40
7.50
7.60
Introduction
Purpose
Classification/Designation
Applicability and Waivers
Protection standards
Conditions
7.10
Introduction
Aquifer re~harge areas in Jefferson Coüilty are charac~eLized by po~ous
geologic formations that allow percolation of surface water into the
soil (i.e., groundwater). Most rural areas in Jefferson County use
aquifers as a source for drinking water, This section provides
protection measures for aquifers that allow rapid percolation of
surface water into the soil in areas that are most vulnerable due to
population distribution (i.e., critical aquifer recharge areas). The
protection measures in this section are intended to maintain the
quality of groundwater by preventing contamination.
7.20
Purpose
To protect the public health and safety
of groundwater that is now, or which is
future, as a source for drinking water.
section is, however, subordinate to the
ordinance as stated in §1.201.
by preventing the degradation
likely to be used in the
The purpose of this ordinance
overall purpose of this
7.30
Classification/Designation
7.301 Classification: For the purposes of this ordinance, critical
aquifer recharge areas shall be classified based upon a combination
of: the susceptibility rating system within the Modified DRASTIC
Model for Determininq critical Aquifer Recharqe Areas for Lands in
Jefferson County, Washinqton, November, 1992, ed,; and population
density patterns obtained from the united states Department of
Commerce, Bureau of the Census, 1990 United states Census.
7,302 Desiqnation: Areas that are characterized by a combination of
soils and geologic units with greater than sixty (60) percent
susceptibility and a population density of equal to or greater than
one person per ten (10) acres shall be subject to the standards of
this section.
35
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20 r~{;~ 808
36
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20 rAc~809
1 7.303 Sources Used for Identification:
2 aquifer recharge areas include, but are
3
4 1.
5
6
7
8 2.
9
10
11
12 3.
13
14
15
16 4.
.17
18
19 5.
20
21
22
23
24 6.
25
26
27
28 7.
29
30
31 8.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Sources used to identify
not limited to:
Modified DRASTIC Model for Determininq Critical Aauifer
Recharqe Areas for Lands in Jefferson County, Washinaton,
November, 1992, ed.
United States Environmental Protection Agency, DRASTIC: A
Standardized System for Evaluatinq Ground Water Pollution
Usina Hvdroqeoloqic settinas (EPA 600/23-87-035).
Washington State Department of Ecology and Washington State
Department of Community Development, critical Aauifer
Recharqe Areas, the DRASTIC A?proach, June, 1991, ed.
united SLdtes Department of Agri~ulture/soil Conse~v~tion
Service, Soil Survey for Jefferson County.
united States Department of Interior, USGS Ouadranale Maps
(map showing unconsolidated deposits grouped on the basis of
texture, Port Townsend 30' x 60' quadrangle - map I-1198-
D) .
Washington State Department of Natural Resources, Division
of Geology and Earth Resources, Geoloaic Maps of Eastern
Jefferson County,
washington State Department of Natural Resources, Geoqraphic
Information System: Soil Survey.
United States Department of Commerce, Bureau of the Census,
1990 united States Census.
7.304 Reevaluation of Designation criteria: The criteria used within
this ordinance to designate critical aquifer recharge areas shall be
formally reevaluated by the County for their continued accuracy if
this ordinance remains in effect after December 31, 1995.
7.305 critical Aquifer Recharqe Area Maps: The maps prepared by
Jefferson County using the identification sources listed in subsection
7.303 have been produced for informational purposes only and are not
regulatory devices forming an integral part of this ordinance.
7,40
Applicability and Waivers
7.401 A?plicabilitv: critical area review shall only be required for
a triggering application involving one of the following uses or
activities for a project on a parcel of real property containing a
designated critical aquifer recharge area:
36
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20 rÅL~809
1 1.
2
3
4 2.
5
6
7
8 3.
9
10
11
12
13 4.
14
1.5 I) .
16
17
18
19
20
21
22 1-
23
24
25
26 2.
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
The construction, or expansion of landfills and solid waste
disposal facilities.
The construction, expansion or repair (excluding emergency
repair) of major energy transmission and generating
facilities, including pipelines and substations.
The construction or expansion of industrial or commercial
developments that, when completed, would handle or store
hazardous substances or dangerous wastes, including fuel or
chemical storage facilities.
The construction or expansion of golf courses.
Subdivision development that would create parcels of less
than one gross acre in size.
7.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates both of the following, to the satisfaction
of the Administrator:
There is adequate geologic information available for the
project area to determine the impacts of the proposed
development and appropriate mitigating measures, if any.
The proposal would not cause significant adverse impacts on
water quality or quantity in the underlying aquifer.
7.403 Waiver Conditions: In order to secure compliance with
subsection 7.402, above, the Administrator may require conditions of
approval which ensure that the proposal will not degrade groundwater
quality and quantity. Conditions of approval may include, but are not
limited to: upgrading available on-site spill response equipment;
employee spill response training; emergency service coordination
measures; and groundwater monitoring.
7,50
Protection Standards
7.501 General: A triggering application subject to the provisions of
this section for a project on a parcel of real property containing a
designated critical aquifer recharge area shall adhere to the
requirements set forth below.
7.502 AQuifer RecharQe Area Report: An applicant submitting a
triggering application subject to this section shall also submit, and
have approved, an aquifer recharge area report, as specified in
section 11 of this ordinance.
. val.
37
20 rAG~81G
7.60
Conditions
1
2
3 7.601 General: In granting approval for a triggering application
4 subject to the provisions of this section, the Administrator may
5 require mitigating conditions that will, in the Administrator's
6 judgment, secure the objectives of this section.
7
8
9
10
11
12
13
14
15
7.602 Basis for Conditions: All conditions of approval required
pursuant to this section shall be based upon the recommendations of a
qualified professional, contained within an approved aquifer recharge
area report. Conditions of approval may include, but are not limited
to: upgrading available on-site spill response equipment; employee
spill response training; emergency service coordination measures; and
groundwater monitoring.
38
~YOL
20tAt~ 811
1
2
3 Subsections
4
5
6
7
8
9
10
11
12
13
14
15
.16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37 1.
38
39
40
41
42
43
44
45
46
47
48
49
50
SECTION 8: FREQUENTLY FLOODED AREAS
8.10 Introduction
8.20 Purpose
8.30 Incorporation by Reference
8.40 Relationship to other Regulations
8.10 Introduction
Frequently flooded areas in Jefferson County are areas subject to
periodic inundation that results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinarypuþlicexpenditure ,for f.l.qQ~1;;;Qrt.ection ami r,e..lie,:[,.l"";~",,~;;,
impairment of the tax base, all of which adversely affect the pub11c
health, safety, and general welfare.
8,20 Purpose
To protect the public from harm by regulating all development
activities requiring issuance of a County permit that are proposed for
location in a flood hazard area, The purpose of this ordinance section
is, however, subordinate to the overall purpose of this ordinance as
stated in §1.201.
8.30 Incorporation by Reference
The Jefferson County Interim critical Areas Ordinance hereby
incorporates by reference the classification, designation and
protection provisions contained in the Jefferson County Floodplain
Manaqement Ordinance (Ordinance No. 1-89) with the following addition:
In addition to the insurance maps identified in the
Floodplain Management Ordinance (Ordinance No. 1-89), flood
hazard areas shall be identified with reference to the
Federal Emergency Management Agency (FEMA) 100-year
floodplain designations. Such flood hazard areas shall be
subject to the criteria of the Floodplain Management
Ordinance.
The Floodplain Management Ordinance conforms with the intent of the
Minimum Guidelines (WAC 365-190-080(3» through directly considering
the effects of flooding on human health and safety, together with
effects on public facilities and services, through its protection
standards.
39
. VOL
20 tM¡,812
1
2
3 While the Jefferson County Floodplain Management Ordinance requires
4 consistency with all other applicable laws, in the event that a
5 conflict should exist the stricter standard shall apply to the
6 regulated development.
7
8
8.40 Relationship to Other Requlations
40
: VOL
20 r~(:813
SECTION
9:
GEOLOGICALLY HAZARDOUS AREAS
1
2
3 Subsections:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39 9.302 Designation: The following erosion, landslide and seismic
40 hazard areas shall be subject to the standards of this section:
41
42 1-
43
44
45
46
47
48
49
50 2.
51
52
9.10
9.20
9.30
9.40
9.50
9.60
Introduction
Purpose
Classification/Designation
Applicability and Waivers
Protection Standards
Conditions
9,10
Introduction
Geologically hazardous areas in Jefferson County are characterized by
slope, soil type, geologic material, and groundwater that may combine
to create problems with slope stability, erosion, and water quality
during and after construction or during natural events such as
earthquakes or severe rainstorms. The following regulations will
guide development in these critical areas.
9.20
Purpose
To maintain the natural integrity of geologically hazardous areas and
their buffers in order to protect adjacent lands from the impacts of
landslides, mudslides, subsidence, excessive erosion, and to safeguard
the public from these threats to life and property, The purpose of
this ordinance section is, however, subordinate to the overall purpose
of this ordinance as stated in §1.201.
9.30
Classification/Designation
9,301 Classification: For the purposes of this ordinance,
geologically hazardous areas shall be classified based upon a
combination of erosion, landslide and seismic hazard.
Erosion hazard areas:
a. Areas containing soils or soil complexes described and
mapped within the united States Department of
Agriculture/soil Conservation Service soil Survev for
Jefferson County as having a severe or very severe
erosion hazard potential:
Landslide hazard areas: Areas potentially subject to mass
movement due to a combination of geologic, topographic and
hydrologic factors including:
41
~ VOL
20 r.,c£814
a. Areas of historic failures or potentially unstable
slopes, such as:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 3.
31
32
33
34
35
36
37
38
39 9.303 Sources Used for Identification: Sources used to identify
40 geologically hazardous areas include, but are not limited to:
41
42 1.
43
44
45 2.
46
47 3.
48
49
50 4.
51
52
(i)
(ii)
(iii)
areas described and mapped as having severe or
very severe building limitations for dwellings
without basements within the United States
Department of Agriculture/soil Conservation
Service Soil Survey for Jefferson county;
areas described and mapped as recent or old
landslides or slopes of unstable materials within
the Washington State Department of Ecology Coastal
Zone Atlas of Jefferson County; and
areas described and mapped as areas of poor
natural stability, former landslides and recent
landslides by the Washington State Department of
Natural Resources, Division of Geo.Logy and Earth
Resources;
Areas potentially unstable as a result of rapid stream
incision, stream bank erosion, or undercutting by wave
action; and
b.
c.
Areas with any indications of earth movement, such as:
(i)
(ii)
(iii)
(iv)
rockslides;
earthflows;
mudflows; and
landslides.
Seismic hazard areas: Areas subject to severe risk of damage
as a result of earthquake induced ground shaking, slope
failure, settlement, soil liquefaction, or surface faulting.
These areas are identified by the presence of: poorly
drained soils with greater than fifty percent (50%) silt and
very little coarse material; loose sand or gravel, peat,
artificial fill and landslide materials; or soil units with
high organic content.
united States Department of Agriculture/Soil Conservation
Service, Soil Survey for Jefferson county.
Washington State Department of Ecology, Coastal Zone Atlas.
Washington state Department of Natural Resources, Slope
Stability and Geoloqic Maps of Eastern Jefferson Countv.
Washington State Department of Natural Resources, Geoqraphic
Information System: Soil Survey.
42
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20 rAŒ815
1 5.
2
3
4
5 6.
6
7
8
9
10
11
12
13
14
15
16 9.401
17
18
19
20
21
22
23 2.
24
25
26
27
28
29
30
31
32 1.
33
34
35
36
37 2.
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Washington state Department of Natural Resources, Geologic
Maps of Eastern Jefferson County, Compressibility of Earth
Materials in Eastern Jefferson County,
united states Department of the Interior, USGS Quad MaDS.
9.304 Geoloqic Hazard Area Maps: The maps prepared by the County
using the identification sources listed in subsection 8.303 have been
produced for informational purposes only and are not regulatory
devices forming an integral part of this ordinance.
9.40
Applicabilitv and Waivers
ADPlicabilitv:
1. critical area review shall be required for any triggering
application for a project on a parcel of real property
containing a designated erosion or landslide hazard area,
unless waived under subsection 9.402, below,
critical area review shall be required where a triggering
application is made for construction of any publicly owned
facility in a designated seismic hazard area,
9.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates either one of the following, to the
satisfaction of the Administrator:
All building sites and project related improvements
(including any clearing or grading activity) will be located
outside of any designated geologic hazard area or its
buffer.
There is adequate geologic information available for the
project area to determine the impacts of the proposed
development and appropriate mitigating measures, if any; and
the proposal would not cause adverse geological impacts on
or off the project site.
9.403 Waiver Conditions: In order to secure compliance with
subsection 9.402, above, the Administrator may require conditions of
approval which ensure that no portion of the proposed development will'
encroach upon a designated geologic hazard area or its buffer.
Conditions of approval may include, but are not limited to: optional
conservation easements; the graphic portrayal of building envelopes
and related improvements on the face of final short or long plats and
binding site plans; drainage and erosion control plans; and notices to
title.
43
VOL
20 rM)~816
1
2
3 9.501 General: A triggering application for a project on a
4 real property containing a designated geologically hazardous
5 its buffer shall adhere to the requirements set forth below.
6
7 9.502 Drainaqe and Erosion Control:
8
9 1.
10
11
12
13
14
15
16
17
18
19 2.
20
21
22
23
24 3.
25
26
27
28
29
30
31 4.
32
33
34
35 9.503 Clearinq and Gradinq:
36
37 1.
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
9.50
Protection standards
parcel of
area or
An applicant submitting a triggering application shall also
submit, and have approved, a drainage and erosion control
plan, as specified in section 11 of this ordinance, when the
triggering application involves either of the following:
a. The alteration of a geologically hazardous area or its
buffer; or
b. The creation of a new parcel within a known geologically
hazardous area.
Drainage and erosion control plans required under this
section shall discuss, evaluate and recommend methods to
minimize sedimentation of adjacent properties during and
after construction.
Surface drainage shall not be directed across the face of a
marine bluff, landslide hazard or ravine, If drainage must
be discharged from a bluff to adjacent waters, it shall be
collected above the face of the bluff and directed to the
water by tight line drain and provided with an energy
dissipating device at the shoreline.
In addition to any erosion control methods specified in the
drainage and erosion control plan¡ the Administrator may
require hydroseeding of exposed or disturbed areas.
The following provisions regarding clearing shall apply:
a, Clearing within geologically hazardous areas shall be
allowed only from April 1 to November 1, unless the
applicant demonstrates that such activities would not
result in impacts contrary to the protection requirements
herein.
b. Only that clearing necessary to install temporary
sedimentation and erosion control measures shall occur
prior to clearing for roadways or utilities;
c. Clearing limits for roads, septic¡ water and stormwater
utilities, and temporary erosion control facilities shall
be marked in the field and approved by the Department
prior to any alteration of existing native vegetation;
44
, VOL
20 r~C~ 817
1
2
3
4
5
6
7
8
9
10 2.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 9.504 Veqetation Retention: The following provisions regarding
28 vegetation retention shall apply:
29
30 1.
31
32
33
34
35
36 2.
37
38
39
40 3.
41
42
43
44 9.505 Buffer Markinq: The location of the outer extent of landslide
45 hazard area buffers shall be marked in the field as follows:
46
47 1.
48
49
50
51
52
d. Clearing for roads and utilities shall remain within
construction limits which must be marked in the field
prior to commencement of site work¡ and
e. The authorized clearing for roads and utilities shall be
the minimum necessary to accomplish project specific
engineering designs and shall remain within approved
rights-of-way.
The following provisions regarding grading shall apply:
a. An applicant submitting a triggering application shall
also submit, and have approved, a grading plan, as
specified in section 11 of this ordinance, when the
triggering applicatio!1 involves either of the followilJg:
(ï) The alteration of a geologicallY hazardous area or
its buffer; or
The creation of a new parcel within a known
geologically hazardous area¡
(ii)
b. Excavation, grading and earthwork construction regulated
under this section shall only be allowed from April 1 to
November 1, unless the applicant demonstrates that such
activities would not result in impacts contrary to the
protection requirements herein.
During clearing for roadways and utilities, all trees and
understory lying outside of approved construction limits
shall be retained: Provided that understory damaged during
approved clearing operations may be pruned (see also,
subsection 9.503(1) (c), above).
Damage to vegetation retained during initial clearing
activities shall be minimized by directional felling of
trees to avoid critical areas and vegetation to be retained.
Retained trees, understory and stumps may subsequently be
cleared only if such clearing is necessary to complete the
proposal involved in the triggering application.
A permanent physical separation along the boundary of the
landslide hazard area shall be installed and permanently
maintained. Such separation may consist of logs, a tree or
hedge row, fencing, or other prominent physical marking
approved by the Administrator.
45
:VOL
20 r~C~ 818
1 2.
2
3
4
5
. 6
7
8 3.
9
10
11 4.
12
13
14
15
16
17 9.506 Buffers - Standard Requirements: The following landslide
18 hazard area buffer provisions shall apply:
19
20 1.
21
22
23
24 2.
25
26
27
28
29
30 3.
31
32
33
34 4.
35
36
37
38 5.
39
40
41 6.
42
43
44
45
46
47
48
49
50
51
52
Buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or everyone hundred (100) feet,
whichever is less. Signs shall remain in place prior to and
during approved construction activities. The signs shall
contain the following statement: "Landslide Hazard Area &
Buffer - Do Not Remove or Alter Existing Native Vegetation."
A notice to title shall be recorded with the Auditor in a
form approved by the Prosecuting Attorney.
In the case of short plat, long plat and binding site plan
approvals under the Jefferson County Subdivision ordinance,
No. 4-0526-92, as amended, the applicant shall include on
the face of any such instrument the boundary of the
landslide hazard area and its buffer.
Buffer areas shall be required to provide sufficient
separation between the landslide hazard area and the
adjacent proposed project.
The appropriate width of the landslide hazard area buffer
shall be determined by either: application of the standard
buffer width set forth below; or, an individual or firm
meeting the criteria of subsection 11,702, below.
Buffers shall remain naturally vegetated, Where buffer
disturbance has occurred during construction, replanting
with native vegetation shall be required.
Buffers shall be retained in their natural condition,
however, minor pruning of vegetation to enhance views may be
permitted by the Administrator on a case by case basis.
All buffers shall be measured perpendicularly from the top,
toe or edge of the landslide hazard area boundary,
A standard buffer of thirty (30) feet shall be established
from the top, toe and all edges of landslide hazard areas.
9.507 Reducinq Buffer widths: The Administrator may reduce the
standard landslide hazard area buffer width specified in subsection
9.506.6, above, when the project applicant demonstrates, to the
satisfaction of the Administrator, that the reduced buffer will
adequately protect the proposed project and the landslide hazard area.
Under no circumstances shall the buffer width be reduced to less than
ten (10) feet.
46
VOL
20 rM:,819
1 9.508 Increasinq Buffer widths: The Administrator may increase the
2 standard landslide hazard area buffer width specified in subsection
3 9.506.6, above, when a larger buffer is necessary to protect the
4 proposed project and the landslide hazard area. This determination
5 shall be made only when the Department, at its own expense,
6 demonstrates anyone of the following through appropriate
7 documentation:
8
9 L
10
11 2.
12
13
14
15 3.
16
17 9.509 Geotechnical Report:
18
19 1.
20
21
22
23
24
25
26
27
28
29 2.
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48 3.
49
50
51
52
The landslide hazard area is unstable and active.
The adjacent land is susceptible to severe landslide or
erosion, and erosion control measures will not effectively
protect the proposed project or the landslide hazard area.
The adjacent land has minimal vegetative cover.
An applicant submitting a triggering application shall
submit, and have approved, a geotechnical report, as
specified in section 11 of this ordinance, when the
triggering application involves any of the following: .
a. The alteration of a landslide hazard area or its buffer;
b, The creation of a new parcel within a known landslide
hazard area.
c. The construction of a publicly owned facility in a
designated seismic hazard area.
Where a geotechnical report is required
hazard area, the triggering application
approved unless the geotechnical report
following:
a. There is minimal landslide hazard as proven by a lack of
evidence of landslide activity in the vicinity in the
past;
b, An analysis of slope stability indicates that the
proposal will not be subject to risk of landslide, or the
proposal or the landslide hazard area can be modified so
that hazards are eliminated;
c. The proposal will not increase surface water discharge or
sedimentation to adjacent properties beyond
predevelopment conditions;
d, The proposal will not decrease slope stability on
adjacent properties; and
e. All newly created building sites will be stable under
normal geologic conditions (if applicable).
for a landslide
shall not be
certifies all of the
Where a geotechnical is required for a seismic hazard area,
the triggering application shall not be approved unless the
geotechnical report demonstrates that the proposed project
will adequately protect the public safety.
47
VOL
20 r~U 82;:
9.60
Conditions
1
2
3 9.601 General: In granting approval for a triggering application
4 subject to the provisions of this section, the Administrator may
5 require mitigating conditions that will, in the Administrator's
6 judgment, substantially secure the objectives of this section.
7
8
9
10
11
12
13
9.602 Basis for Conditions: All conditions of approval required
pursuant to this section shall be based upon either the substantive
requirements of this section or the recommendations of a qualified
professional, contained within a special report required under this
section.
48
VOL
20 w.~821
SECTION
FISH AND WILDLIFE HABITAT AREAS
10:
1
2
3
4 Subsections:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 10,302 Desiqnation: The following areas shall be subject to the
37 standards of this section:
38
39 1.
40
41
42
43
44
45 2.
46
47
48
49
50
10.10
10.20
10.30
10.40
10.50
10.60
Introduction
Purpose
Classification/Designation
Applicability and Waivers
Protection Standards
Conditions
10.10
Introduction
Fish and wìldlìfehabitat areas in Jefferson county are areas that are
critical to the preservation of specifically identified species. The
following regulations will guide development in these critical areas.
10.20
Purpose
To protect and conserve the habitat of specific fish and wildlife
species and shellfish, thereby maintaining or increasing their
populations in Jefferson County, The purpose of this ordinance section
is, however, subordinate to the overall purpose of this ordinance as
stated in §1.201.
10.30
Classification/Designation
10.301 Classification: For the purposes of this ordinance, fish and
wildlife habitat areas shall be classified based upon their
association with priority species, as listed by the Washington State
Department of wildlife.
All seasonal ranges and habitat elements with which Federal
and State-listed endangered, threatened and sensitive
species have a primary association and which, if altered,
may reduce the likelihood that the species will maintain and
reproduce over the long term,
All seasonal ranges and habitat elements with which State-
listed candidate and monitor species or priority game and
nongame species have a primary association and which, if
altered, may reduce the likelihood that the species will
maintain and reproduce over the long term,
49
, VOL
20 fAr~ 822
All habitats with which species of local importance have a
primary association, and which, if altered, may reduce the
likelihood that the species will maintain and reproduce over
the long term.
1 3.
2
3
4
5
6 4.
7
8
9 10.303 Sources Used for Identification: Sources used to identify
10 fish and wildlife habitat areas include, but are not limited to:
11
12 1.
13
14
15 2.
16
17
18 3.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39 1.
40
41
42
43
44 2.
45
46
47
48
49
50
Those waters that meet the criteria for type 1, 2, 3, 4 and
5 waters as set forth in Chapter 222-16-030 WAC.
united states Department of the Interior, Fish and wildlife
Service, National Wetlands Inventory.
Washington State Departme~t of Natural Resources, Water Type
Index Maps.
Washington state Department of Wildlife, Non-Game and
Priority Habitats and Species Data Bases.
10.304 Fish and Wildlife Habitat Area Maps: The maps prepared by the
County using the identification sources listed in subsection 10.303
have been produced for informational purposes only and are not
regulatory devices forming an integral part of this ordinance.
10,40
Applicability and Waivers
10.401 Applicability: Critical area review shall be required for any
triggering application for a project on a parcel of real property
containing a designated fish and wildlife habitat area, unless waived
under subsection 10.402, below,
10.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates both of the following, to the satisfaction
of the Administrator:
All building sites and project related improvements
(including any clearing or grading activity) will be located
outside of any streamside buffers and away from critically
important plants and trees,
There is adequate information available for the project area
to determine the impacts of the proposed development and
appropriate mitigating measures, if any; and the proposal
would not cause adverse impacts to the fish and wildlife
habitat conservation area.
50
VOL
20 r~c~823
1 10.403 Waiver Conditions: In order to secure compliance with
2 subsection 10.402, above, the Administrator may require conditions of
3 approval which ensure that no portion of the proposed development will
4 encroach upon critically important plants and trees or streamside
5 buffers. Conditions of approval may include, but are not limited to:
6 the graphic portrayal of building envelopes and related improvements
7 on the face of final short or long plats and binding site plans;
8 seasonal restriction of construction activities; and optional
9 conservation easements.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 10.503 Drainaqe and Erosion control:
26
27 1.
28
29
30
31
32
33
34
35
36
37
38
39 2.
40
41
42
43
44 3.
45
46
47
48
49
50
10,50
Protection standards
10.501 General: A triggering application for a project on a parcel
of real property containing a designated fish and wildlife habitat
area or a streåmside buffer shall adhere to the requirements set forth
below.
10.502 Habitat Manaqement Plan: An applicant submitting a triggering
application shall also submit, and have approved, a habitat management
plan, as specified in section 11 of this ordinance. The habitat
management plan shall identify how development impacts from the
proposed project will be mitigated.
An applicant submitting a triggering application shall also
submit, and have approved, a drainage and erosion control
plan, as specified in section 11 of this ordinance, when the
triggering application proposes one hundred (100) cubic
yards or more of excavating or grading and involves either
of the following:
a. The alteration of a fish and wildlife habitat area or its
buffer; or
b. The creation of a new parcel within a known fish and
wildlife habitat area.
Drainage and erosion control plans required under this
section shall discuss, evaluate and recommend methods to
minimize sedimentation of adjacent properties during and
after construction,
Surface drainage shall not be directed across the face of a
marine bluff, landslide hazard or ravine. If drainage must
be discharged from a bluff to adjacent waters, it shall be
collected above the face of the bluff and directed to the
water by tight line drain and provided with an energy
dissipating device at the shoreline.
51
VOL
20 rM:~824
1 4.
2
3
4
5
6
7
8
9
10
11 1.
12
13
14 2.
15
In addition to any erosion control methods specified in the
drainage and erosion control plan, the Administrator may
require hydroseeding of exposed or disturbed areas.
10.504 Gradinq: An applicant submitting a triggering application
shall also submit, and have approved, a grading plan, as specified in
section 11 of this ordinance, when the project proposes one hundred
(100) cubic yards or more of grading and involves either of the
following:
The alteration of a fish and wildlife habitat area or its
buffer.
The creation of a new parcel within a known fish and
wildlife habit~t areaA
16
17 10,505 Veqetation Retention: The
18 vegetation retention shall apply:
19
20 1.
21
22
23
24
25 2.
26
27
28
29 3.
30
31
32
33
34
35
36
37 1.
38
39
40
41
42
43 2.
44
45
46
47
48
49
50 3.
51
52
following provisions regarding
All trees and understory lying outside of road rights of way
and utility easements shall be retained during clearing for
roadways and utilities: Provided that understory damaged
during approved clearing operations may be pruned.
Damage to vegetation retained during initial clearing
activities shall be minimized by directional felling of
trees to avoid critical areas and vegetation to be retained.
Retained trees, understory and stumps may subsequently be
cleared only if such clearing is necessary to complete the
proposal involved in the triggering application.
10.506 Buffer Markinq: Upon approval of the habitat management plan,
the location of the outer extent of required streamside.buffers shall
be marked in the field as follows:
A permanent physical separation along the boundary of the
streamside buffer area shall be installed and permanently
maintained. Such separation may consist of logs, a tree or
hedge row, or other prominent physical marking approved by
the Administrator.
Buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or everyone hundred (100) feet,
whichever is less. Signs shall remain in place prior to and'
during approved construction activities. The signs shall
contain the following statement: "Streamside Buffer - Do
Not Remove or Alter Existing Native Vegetation."
A notice to title shall be recorded with the Auditor in a
form approved by the Prosecuting Attorney (A copy of which
has been attached to this Ordinance as Appendix B).
52
VOL
2 0 rAG~ 825
,
1 4.
2
3
4
5
6
7 5.
8
9
10
11
12
13
14 10.507 Buffers - Standard Reauirements:
15 buffer previsions shall apply:
16
17 1.
18
19
20
21 2.
22
23
24
25
26 3.
27
28
29
30 4.
31
32
33
34 5.
35
36
37
38 6.
39
40
41
In the case of short plat, long plat and binding site plan
approvals under the Jefferson county Subdivision Ordinance,
No. 4-0526-92, as amended, the applicant shall include on
the face of any such instrument the boundary of the
streamside buffer area.
The applicant may also choose to dedicate the buffer through
a conservation easement or deed restriction that shall be
recorded with the Jefferson county Auditor. Such easements
or restrictions shall, however, use the forms approved by
the Prosecuting Attorney that are included as Appendices C
and D of this ordinance.
The following streamside
Buffer areas shall be required to provide sufficient
separation between the designated stream and the adjacent
proposed project.
The appropriate width of the streamside buffer area shall be
determined by either: application of the standard buffer
widths set forth below; or, an individual or firm meeting
the criteria of subsection 11.902, below,
Buffers shall remain naturally vegetated. Where buffer
disturbance has occurred during construction, replanting
with native vegetation shall be required.
Buffers shall be retained in their natural condition,
however, minor pruning of vegetation to enhance views may be
permitted by the Administrator on a case by case basis.
All buffers shall be measured perpendicularly from the
ordinary high water mark, or the top of the bank where the
ordinary high water mark cannot be identified,
Streams with adjacent riparian wetland habitats shall be
subject to the buffer widths which apply to their wetland
class or the standard streamside buffer widths set forth
below, whichever is more restrictive.
53
VOL
20 rAG' 826
1 7.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 1.
25
26
27 2.
28
29
30
31
32
33
34
35
36
37
38
39
40
41 1.
42
43
44 2.
45
46
47
48
49
50
51
The following standard streamside buffer widths shall be
applied to each side of the stream:
Buffer widths
High Intensity Low Intensity
Land Uses Land Uses
stream Type/
Averaqe width
Type 1 & 2
Type 3
100 feet
100 feet
50 feet
25 feet
Type 4
25 feet
15 feet
Type 5
15 feet
15 feet
(Note: stream type shall be determined using the criteria
set forth in Chapter 222-16-030 WAC).
10.508 Reducinq Buffer Widths: The Administrator may reduce the
standard streamside buffer widths specified in subsection 10.507.7,
above, when the project applicant demonstrates both of the following
to the satisfaction of the Administrator:
standard streamside buffer width averaging as set forth in
subsection 10.510, below, is unfeasible.
The project application includes a buffer enhancement plan
using native vegetation which substantiates that an enhanced
buffer will improve the functional attributes of the habitat
to provide additional protection for functions and values.
Under no circumstances shall buffer widths be reduced by
more than twenty-five (25) percent.
10.509 Increasing Buffer Widths: The Administrator may increase the
standard streamside buffer widths specified in subsection 10.507.7,
above, when a larger buffer is necessary to protect habitat functions
and values based on local conditions, This determination shall be
made only when the Department, at its own expense, demonstrates any
one of the following through appropriate documentation:
A larger buffer is necessary to maintain viable populations
of existing species of anadromous or salmonid fish.
The habitat area is used by species listed by the Washington
state Department of wildlife as endangered, threatened, or
sensitive, or has documented priority species or habitats or
essential or outstanding potential habitat for those
species, or has unusual nesting or resting sites (e.g.,
heron rookeries and rapt or nesting trees).
54
, VOL
20 r~(;.827
1 3.
2
3
4
5 4.
6
7
8
9
10
11
12
13
14
15 L
16
17
18 2.
19
20
21
22 3.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
The adjacent land is susceptible to severe landslide or
erosion, and erosion control measures will not effectively
prevent adverse habitat and water quality impacts.
The adjacent land has minimal vegetative cover or slopes
greater than forty-five (45) percent.
10.510 Averagina Buffer widths: The Administrator may modify the
standard streamside buffer widths specified in subsection 10.507.7,
above, by averaging. Buffer width averaging shall be allowed only
when an individual or firm meeting the criteria of subsection 11.902,
below, demonstrates all of the following to the satisfaction of the
Administrator:
width averaging will not adve~sely impact the functional
valuès of the designated stream.
The total area contained within the streamside buffer after
averaging is not less than that contained within the
standard buffer prior to averaging.
The standard buffer width has not been reduced by more than
fifty (50) percent or to less than twenty-five (25) feet.
10,60
Conditions
10.601 General: In granting approval for a triggering application
subject to the provisions of this section, the Administrator may
require mitigating conditions that will, in the Administrator's
judgment, substantially secure the objectives of this section.
10.602 Basis for Conditions: All conditions of approval required
pursuant to this section shall be based upon either the substantive
requirements of this section or the recommendations of a qualified
professional, contained within a special report required under this
section.
55
VOL
20 rA[,~828
SECTION
11:
SPECIAL REPORTS
1
2
3
4 Subsections:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 The Administrator shall waive the requirement for a special report
21 when an applicant demonstrates all of the following:
22
23 1.
24
25
26
27 2.
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 11.204 Preparer - Proof of Qualifications: Special reports shall
47 include documentation certifying the qualifications of the preparer.
48
11.10
11.20
11. 30
11. 40
11.50
11.60
11. 70
11.80
11.90
11.100
waivers
General Contents
Consultants
Responsibility
Aquifer Recharge Area Report
Drainage and Erosion Control
Geotechnical Report
Grading Plan
Habitat Management Plan
Wetland Delineation Report
Plan
11.10
waivers
The proposal involved in the triggering application will not
affect the critical area in a manner contrary to the goals,
purposes and objectives of this ordinance.
The minimum protection standards required by this ordinance are
satisfied.
11. 20
General Contents
11.201 Scale Map and written Report: Special reports for critical
areas shall include a scale map of the development proposal site and a
written report.
11.202 Impacts Assessment: The special report shall identify and
characterize any critical area as a part of the larger development
proposal site, assess impacts of the development proposal on any
critical areas on or adjacent to the development proposal site, and
assess the impacts of any alteration proposed for a critical area.
11.203 Protection Mechanisms: The special report shall propose
adequate protection mechanisms that may include mitigation,
maintenance and monitoring plans, and performance surety,
56
'.'01-
20 rALr829
11. 30
Consultants
1
2
3 11.301 Retaininq Consultants: Jefferson County may retain
4 consultants to assist in the review of special reports outside the
5 range of staff expertise. Jefferson county shall pay for the costs of
6 retaining said consultants.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 11.503 Information Reauirements:
46
47 1.
48
49
50
51
52
11. 40
Responsibilitv
11.401 General: All special reports shall be the responsibility of
the applicant, including payment of costs incurred for report
preparation.
11.402 Determinina Accuracy & Sufficiency: The Administrator shall
verify the accuracy and Rufficiency of all special reports within ten
(10) working dàys of their receipt. This review period may be
extended only when dry conditions prevent the confirmation of a
wetland delineation and the applicant consents to the extension.
11.403 Nonacce~tance of Inaccurate or Insufficient Reports: If the
Administrator finds that a special report does not accurately reflect
site conditions, or does not incorporate appropriate protection
mechanisms, the Administrator shall issue a report within twenty (20)
days of receiving the applicant's special report citing evidence
(e.g" soil samples, well log data, etc,) that demonstrates where the
special report is insufficient or in error. The applicant may then
either revise the special report and submit another special report, or
appeal the administrative determination pursuant to subsection 5.404,
above.
11. 50
Aquifer Recharqe Area Report
11.501 General: This report shall identify the risks associated with
the proposal that will potentially degrade the groundwater beneath the
site, and shall include conclusions and recommendations regarding
conditions of approval intended to maintain the quality of
groundwater.
11.502 Oualifications of the Preparer: Aquifer recharge area reports
shall be prepared by either a licensed professional engineer or
geologist qualified to analyze hydrogeological information and
systems.
A description of the hydrogeologic setting of the aquifer
region, based upon readily available data, including:
a. site location, topography and surface water bodies;
b. Soils and geologic units underlying the site;
c. Groundwater characteristics of the area, including flow
direction and gradient, and groundwater quality; and
57
VOL
20 rAG~ 83'1
d. The location and characteristics of wells and springs
within one thousand (1,000) feet of the site.
An evaluation of the existing groundwater recharge potential
of the site.
1
2
3
4 2.
5
6
7 3.
8
9
10
11 4.
12
13
14 5.
15
16
17
18
19 6.
20
21
22
23 7.
24
25
26
27
28
29
30
31
32 11.602 Qualifications of the Preparer: Drainage and erosion control
33 plans shall be prepared by a licensed professional engineer.
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
A discussion and evaluation of the potential impact of the
proposal upon area groundwater quality over a two to five
year period.
A discussion and evaluation of the potential impact of the
proposal upon on-site groundwater recharge.
A discussion and evaluation that details: available on-
site spill response equipment; employee spill response
training; appropriate exposure minimization techniques; and
appropriate emergency service coordination measures.
Recommended best management practices (BMP's) to minimize
exposure of permeable surfaces to potential pollutants and
to prevent degradation of groundwater quality and quantity.
Recommended groundwater monitoring measures.
11.60
Drainaqe and Erosion Control Plan
11.601 General: This plan shall address best management practices
which are physical, structural or managerial practices, that when used
singly or in combination, prevent or reduce pollution of water,
11.603 Information Requirements: The design standards and
information requirements for submission of drainage and erosion
control plans shall be established by the Department of Public Works.
11,70
Geotechnical Report
11.701 General: This report shall include a description of the
geology of the site, conclusions and recommendations regarding the
effect of geologic conditions on the proposal, and opinions and
recommendations on the suitability of the site to be developed.
11.702 Qualifications of the Preparer: Geotechnical reports shall be
prepared by a licensed geotechnical engineer, a professional
geologist, or a licensed professional engineer knowledgeable in
regional geologic conditions with professional experience in
landslide, erosion, or seismic hazard evaluation.
58
VOL
2 0 r~,r,~ 831
1 11. 703
2
31.
4
5
6
7
8
9
10
11 2.
12
13
14 3.
15
16
17 4.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34 11. 803
35
36 1.
37
38 2.
39
40
41 3.
42
43
44
45 4.
46
47
48
49
50
Information Reauirements:
A description of the geologic setting of the region, based
upon readily available data, including:
a. site location and topography;
b. Soils and geologic units underlying the site; and
c. The location and characteristics of springs within one
thousand (1,000) fee of the site.
An evaluation of the potential landslide and erosion hazards
on the site.
A discussion and evaluation of the potential impact of the
proposal upon existing geolQ~ical hazards.
Recommendations on appropriate protection mechanisms, if
necessary, to minimize the risk of erosion or landslide.
11. 80
Gradina Plan
11.801 General: This plan shall identify the proposed development
project including the ,movement of material on-site, along with the
proposed and existing contours of the site, and cross sections
thereof.
11.802 Qualifications of the Preparer: Grading plans shall be
prepared by a licensed professional engineer or an individual with at
least three years of experience in the preparation of grading plans
who is knowledgeable of soil conditions and geology in Jefferson
County.
Information Reauirements:
A description of the general vicinity of the proposed site.
The property limits and accurate contours of existing ground
and details of terrain and area drainage.
Limiting dimensions, elevations of finish contours to be
achieved by the grading, and proposed drainage channels and
related construction.
Detailed plans of all surface and subsurface drainage
devices, walls, cribbing, dams and other protective devices
to be constructed with, or as a part of, the proposed work
together with a map showing the drainage area and the
estimated runoff of the area served by any drains.
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The location of any buildings or structures on the property
where the work is to be performed and the location of any
buildings or structures on land of adjacent owners that are
within fifteen (15) feet of the property or which may be
affected by proposed grading operations.
A discussion and evaluation of the potential impact of the
proposed grading upon designated critical areas.
Recommendations on appropriate protection mechanisms, if
necessary, to prevent degradation of designated critical
areas and to ensure public safety.
11:;
-....
1.l.90
Habitat Manaqeme~t Plan
16
17 11.901 General: This report shall identify how the development
18 impacts of the proposed project will be mitigated. The Washington
19 Department of wildlife Priority Habitat and Species Manaqement
20 Recommendations shall be the basis for this report.
21
22
23
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28 11.903 Information Requirements:
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30 1.
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11.902 Qualifications of the Preparer: Habitat management plans
shall be prepared by persons who are educated in the field of biology
and who currently derive, or who previously have derived, their
livelihood from employment as wildlife biologists, habitat management
consultants, or botanists.
A map(s) prepared at an easily readable scale, including the
following information:
a, The location of the proposed development site, including
property limits;
b. The relationship of the site to surrounding topographic
and cultural features;
c. The nature and density of the proposed development or
land use change;
d. Proposed building locations and arrangements; and
e. The boundaries of forested areas.
A legend that includes the following information:
a. A complete and accurate legal description as prescribed
by the triggering application form (the description shall
include the total acreage of the parcel);
b, Title, scale and north arrows;
c, Date, including revision dates, if applicable; and
d. Certificates by a professional biologist as appropriate.
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37 11.1003
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A report that contains the following information:
a. A description of the nature, density and intensity of the
proposed development in sufficient detail to allow
analysis of such land use change upon identified wildlife
habitat;
b. The applicant's analysis of the effect of the proposed
development, activity or land use change upon the
wildlife species identified by the Washington Department
of wildlife within the identified priority habitat,
utilizing the management guidelines;
c. A plan by the applicant that shall explain how any
adverse impacts created by the development will be
mitigated.
Possible mitigating measures that may include, but are not
limited to:
a. Establishment of buffer zones;
b. Preservation of critically important plants and trees;
c. Limitation of access to habitat area;
d. Seasonal restriction of construction activities; and
e. Establishing a timetable for periodic review of the plan.
11.100
Wetland Delineation Report
11.1001 General: This report shall be required when a proposed
development encroaches upon a designated wetland or its buffer, and
shall be used to identify the boundaries of the designated wetland.
11.1002 Qualifications of the Preparer: Wetland delineation reports
shall be prepared by either a biologist with wetlands expertise, or an
individual or firm who has been certified by the united States Army
Corps of Engineers, Region 10, to perform wetland delineations.
Information Requirements:
A map(s) prepared at an easily readable scale, including the
following information:
a. Wetland boundaries;
b. Sample site and sample transects;
c. Boundaries of forested areas; and
d. Boundaries of wetland classes if multiple classes exist.
A legend that includes the following information:
a, A complete and accurate legal description as prescribed
by the triggering application form (the description shall
include the total acreage of the parcel);
b. Title, scale and north arrows;
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c. Date, including revision dates, if applicable; and
d. Certificates by a professional biologist as appropriate.
A report that contains the following information:
a. A discussion of the delineation methods and results, with
special emphasis on technique used from the Corps of
Engineers Wetland Delineation Manual, Technical Report
No. Y-87-1 ;
b. A description of relevant site information acquired from
the National Wetland Inventory maps and the Soil Survey
for Jefferson County;
c. The acreage of each wetland on the site, based on the
survey, if the acreage will impact the buffer size
determination or the project design; and
d.A1l completed field data sheets numbered to correspond to
each sample site.
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4 Subsections:
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SECTION
12 :
REASONABLE ECONOMIC USE VARIANCE
12.10
12.20
12.30
12.40
Application
Notice
Findings
Conditions
12.10
Application
If an applicant for critical area review demonstrates to the
satisfaction of the Hearing Examiner that application of the
standards of this ordinance would preclude reasonable
economic use of the parcel, a variance to such standards may
be permitted if the applicant demonstrates, and the Hearing
Examiner finds, that the application meets all of the
criteria set forth in subsection 12.30 below.
Variance applications shall be submitted prior to any public
hearing required by the ordinance governing the triggering
application, and shall be submitted in writing on forms
provided by the Department, together with the triggering
application and all critical areas information requirements,
where feasible,
12.20
Notice
Notice of a reasonable economic use variance request shall be given in
conjunction with the notice required for the triggering application:
Provided, that if the triggering application does not require a public
hearing, the Hearing Examiner shall conduct a public hearing on the
variance request. Consistent with the Jefferson county Hearing
Examiner ordinance, No. 1-0318-91, decisions of the Hearing Examiner
shall be final and conclusive unless appealed to the Board (see
subsection 12.1 of ordinance no. 1-0318-91). When the triggering
application does not require a public hearing, the following notice
shall be provided:
The Department shall arrange for at least one publication of
the notice of hearing to appear in a newspaper of general
circulation within the County at least ten (10) days before
the hearing. Payment of all publication fees shall be the
responsibility of the applicant.
The Department shall send notice to adjacent property owners
advising them of the hearing. The notice shall be mailed to
the owners of record of all property lying within three
hundred (300) feet of the property at issue, at least ten
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(10) days before the public hearing. Names and addresses of
adjacent property owners shall be provided to the Department
by the applicant, subject to Department approval.
The Department shall provide the applicant with at least
five copies of the hearing notice, and one copy of an
affidavit of posting. The applicant shall post the notices
and maintain them in place for at least ten (10) days prior
to the hearing, not including the day of posting or the day
of the hearing. The notices shall be placed in conspicuous
locations on or near the property and shall be removed by
the applicant after the hearing. Notices shall be mounted
on easily visible boards that meet Department requirements.
The affidavit of posting shall be signed, notarized, and
returned to the Department at Jeast seven days prior to th~
hearing.
All hearing notices shall include a legal description of the
property involved, and a concise description of the variance
requested in nonlegal language.
12.30
Findinqs
A reasonable economic use variance may be granted only when the
Hearing Examiner finds that the application meets all of the following
criteria:
No reasonable economic use with less impact on the critical
area or its buffer is possible.
There is no feasible on-site alternative to the proposed
activities that would allow a reasonable economic use with
less adverse impacts to critical areas or critical area
buffers. Feasible on-site alternatives shall include, but
are not limited to: reduction in density; phasing of
project implementation; change in timing of activities; and
revision of road or parcel layout or related site planning
considerations,
The proposed variance will result in the minimum feasible
alteration or impairment to the critical areas functional
characteristics and existing contours, vegetation, fish and
wildlife resources, and hydrological conditions.
Disturbance of critical areas has been minimized by locating
any necessary alteration in critical area buffers to the
extent possible.
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The proposed variance will not jeopardize the continued
existence of any species of wildlife listed as endangered,
threatened or sensitive by the Washington state Department
of wildlife.
The proposed variance will not cause degradation to surface
or ground water quality.
The proposed variance complies with all Federal, state and
local statutory and common law, including statutory laws
related to sediment control, pollution control, floodplain
restrictions, and on site wastewater disposal, and common
law relating to property and nuisance.
There will be no material damage to nearby public or private
property and no material threat to the health or safety of
people on or off the property,
The inability to derive reasonable economic use of the
property is not the result of actions by the applicant in
segregating or dividing the property and creating the
undevelopable condition after the effective date of this
ordinance.
12.40
Conditions
In granting approval for reasonable economic use variances,
the Hearing Examiner may require mitigating conditions that
will, in the Examiner's judgment, substantially secure the
objectives of the ordinance standards or requirements so
varied.
In granting approval for reasonable economic use variances
involving designated wetlands, the Hearing Examiner shall
consider the following mitigating conditions:
a, Provision of a mitigation plan demonstrating how the
applicant intends to substantially restore the site to
predevelopment conditions following project completion;
and
b. The restoration, creation or enhancement of wetlands and
their buffers in order to offset the impacts resulting
from the applicant's actions; the overall goal of any
restoration, creation or enhancement project shall be no
net loss of wetlands function and acreage.
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13.10
13.20
13.30
13.40
13.50
SECTION
13:
LEGAL PROVISIONS
Violations
Remedies
Severability
Effective Date
Adoption
13.10
Violations
No triggering applic~tion for a project on a parcel of real
property containing a designated critical area or its buffer
shall be approved until critical areas review has been
approved as provided in this ordinance. Any owner, or agent
of the owner of such land who initiates any development
activity related to a triggering application prior to
critical area review shall be guilty of a gross misdemeanor.
Whenever the use of a parcel of real property containing a
designated critical area or its buffer subject to this
ordinance violates any term or condition of critical areas
review, then the Prosecuting Attorney may commence an action
to restrain and enjoin such use and compel compliance with
the conditions of approval.
13,20
Remedies
Jefferson County Prosecutinq Attorney: The Prosecuting
Attorney shall have access to all remedies provided in this
ordinance.
General Penalty: In addition to incurring civil liability
as identified above, any person found to have wilfully
engaged in activities in designated critical areas in
violation of the provisions of this section, or any other
ordinance where permit application or approval requires
critical area determination and review, shall be punished by
a fine of not less than twenty-five dollars ($25) nor more
than one thousand dollars ($1,000) for each day the
violation continues to exist.
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38 This ordinance shall become effective on the 8th day of July, 1994.
39
40
Violators Liability: Any person subject to the Jefferson
County Interim Critical Areas Ordinance who violates any
provision of the ordinance, or permit issued pursuant
thereto, shall be liable for all damage to public or private
property arising from such violation, including the cost of
restoring the affected area to its condition prior to
violation. The Jefferson County Prosecuting Attorney shall
bring suit for damages under this section on behalf of all
persons similarly situated. If liability has been
established for the cost of restoring an area affected by a
violation, the court shall make provision to ensure that
restoration will be accomplished within a reasonable time at
the expense of the violator, In addition to such relief,
including money for damages, the court in its discretion may
~ward attorney's fees and CO$tg of the guit to the
prevailing party.
Any permit or approval issued under the terms and conditions
of this ordinance may, after a hearing with notice to the
permittee and the public, be rescinded by Jefferson County
upon the findings that a permittee has not complied with the
conditions imposed with the permit. A public hearing may be
held after 10 days notice to the permittee, interested
parties, and the public.
13.30
Severability
If any section, subsection, or other portion of this ordinance is for
any reason held invalid or unconstitutional by any court of competent
jurisdiction, such section, subsection, or portion shall be deemed a
separate portion of this ordinance and the holding shall not affect
the validity of the remaining portions of this ordinance,
13,40
Effective Date
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3 Adopted by the Jefferson County Board of Commissioners this 9th day of
4 May, 1994.
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16 ATTEST:
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20 Lorna
21 Board
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26 APPROVED AS TO FORM:
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13.50
Adoption
BOARD OF COMMISSIONERS OF
JEFFER COUNTY, WASHINGTON
/ -.... ß. -
Mark Huth, Jefferson County
Prosecuting Attorney
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Appendix A: critical Area Review
Fee Schedule
critical Area Review:
Advance Determination
site Visit by Staff:
val.
1.
waiver granted to applicant:
No Charge
Special reports required: $100 plus
$25 per hour over 5 hours of staff
time
2.
1.
Non-Binding: No Charge
2.
Binding: $150
1.
First visit or visit for map >u.
clarification: No Charge
2.
Additional visits required by the
critical Area review process:
$35 per hour
i
20 dl 842