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HomeMy WebLinkAbout04 0617 91IN THE BOARD OF THE COUNTY COMMISSIONERS IN AND FOR THE COUNTY OF JEFFERSON IN THE MATTER OF An Omnibus ) Ordinance Amending the Jefferson) County Development Code, the ) Jefferson County Subdivision ) Ordinance, the Jefferson County ) Gamper'!~.Glub Ordinance, and the ) Jefferson County Road Vacation ) OrdinanCe, in order to conform ) with the Jefferson County ) Hearing Examiner Ordinance ) ORDINANCE N0.,04-0617-9! WHEREAS, the Board of Commissioners has passed an ordinance conferring certain powers and duties upon the Jefferson County Hearing Examiner, including the power to hold public hearings and issue final decisions or recommendations on the following matters: applications for variances from the standards of the County Development Code; applications for variances from County setback requirements; applications for variances from the standards of the County Subdivision Ordinance; applications for variances from the standards of the County Camper Club Ordinance; applications for vacations under the County Road Vacation Ordinance; applications for preliminary plat approvals; applications for preliminary mobile home park approvals; applications for preliminary membership camper clubs; applications for conditional use permits under the County Develpment Code; applications for County Development Code map revisions; appeals from administrative decisions granting or denying certificates of compliance under the County Development Code; and appeals of preliminary decisions granting or denying short plat approval; WHEREAS the powers and duties enumerated above conflict with certain provisions contained in the Jefferson County Development Code, the Jefferson County Subdivision Ordinance, the Jefferson County Camper Club Ordinance, and the Jefferson County Road Vacation Ordinance; and WHEREAS the aforementioned regulations require amendment to bring them into conformity with the Jefferson County Hearing Examiner Ordinance; NOW, THEREFORE, the Board of County Commissioners for Jefferson County hereby ordains that the following Ordinances be amended as follows: ¥01_ Amendments to Ordinance No. 3-89, The Sefferson County Deve1opment Code: Subsection 5.210 shall be amended to read: "Persons aggrieved by the stipulation of a condition may appeal said condition to the Jefferson County Hearing Examiner for review and recommendation to the Board of Commissioners. Appeals shall be submitted in writing to the Planning and Building Department within fifteen (15) days of issuance of the certificate of compliance. Said appeals shall state why the condition should not have been applied. The appeal shall give specific reference to the applicable provisions of the Comprehensive Plan, community development plan, or this Ordinance. The Department shall place the appeal on the next available hearing agenda of the Jefferson County Hearing Examiner. The applicant may withdraw the appeal at any time during the appeal process. Heartng Examtner Recommendation: The Hearing Examiner shall consider appeals to an administrative condition of approval at a duly scheduled public hearing. Notice to the public shall be as prescribed in Section 5.80, 'Public Notice,' of this Ordinance. The Examiner shall review the administrative determination and supporting documents; the application, site plan, and supporting information; the Comprehensive Plan and applicable community development plan; comments from consulted agencies; and other information he/she deems proper and necessary. The Examiner shall take testimony and shall adopt findings concerning how the administrative condition is consistent or inconsistent with the provisions of the Comprehensive Plan and/or the applicable community development plan or this Ordinance. The Examiner shall submit a written recommendation, incorporating findings and conclusions, to the Board of County Commissioners within ten (10) days of the conclusion of the hearing. The Examiner may recommend that the Board reaffirm the original administrative condition of approval; or, the Examiner may recommend that the original administrative condition be modified, altered or withdrawn. Any condition must be based on specified plan policy or Ordinance provision. Board of Commissioners Decision: Upon receipt of the recommendation and information from the Hearing Examiner, the Board of Commissioners shall review the referral at its next regular and available public meeting. The Board of Commissioners shall either adopt or re3ect the recommendation of the Hearing Examiner. 2 If, after considering the matter at a public meeting, the Board deems a change in the Hearing Examiner's recommendation necessary, the change of recommendation shall not be made until the Board has conducted its own public hearing and thereupon adopted its own written findings and conclusions setting forth the factors considered to be controlling." 2. Subsection 5.310 shall be amended to read: "Persons aggrieved by an administrative denial of an application may appeal said denial to the Jefferson County Hearing Examiner for review and recommendation to the Board of Commissioners. The proponent and/or authorized representative shall submit the appeal in writing to the Planning and Building Department within fifteen (15) days from the date of the denial. The appeal shall state why the administrative determination was incorrect or in error, and specifically state how the project is consistent with the Comprehensive Plan and/or applicable-community development plan and/or this Ordinance. The Department shall place the appeal on the next available hearing agenda of the Jefferson County Hearing Examiner. The applicant may withdraw the appeal at any time during the appeal process. Heartng Examtner Recommendation: The Hearlng Examlner shall consider appeals to an administrative denial at a duly scheduled public hearing. Notice to the public shall be as prescribed in Section 5.80, 'Public Notice,' of this Ordinance. The Examiner shall review the administrative determination and supporting documents; the application, site plan, and supporting information; the Comprehensive Plan and applicable community development plan; comments from consulted agencies; and other information he/she deems proper and necessary. The Examiner shall take testimony and shall adopt findings concerning how the administrative determination is consistent or inconsistent with the provisions of the Comprehensive Plan and/or the applicable community development plan or this Ordinance. The Examiner shall submit a written recommendation, incorporating findings and conclusions, to the Board of County Commissioners within ten (10) days of the conclusion of the hearing. The Examiner may recommend that the Board reaffirm the original administrative determination; or, the Examiner may recommend that the original administrative determination be withdrawn, and that the application be approved. If the Examiner recommends approval, he/she may include conditions on the proposal that in his/her judgment are necessary to further or clarify the provisions of the Comprehensive Plan and/or applicable community development plan and this Ordinance. Any condition must be based on specified plan policy or Ordinance provision. Board of Commissioners Decision: Upon receipt of the recommendation and information from the Hearing Examiner, the Board of Commissioners shall review the referral at its next regular and available public meeting. The Board of Commissioners shall either adopt or reject the recommendation of the Hearing Examiner. If, after considering the matter at a public meeting, the Board deems a change in the Hearing Examiner's recommendation necessary, the change of recommendation shall not be made until the Board has conducted its own public hearing and thereupon adopted its own written findings and conclusions setting forth the factors considered to be controlling." Subsection 5.40 shall be amended to read: "A project proposal that is administratively determined to be a referral shall be reviewed by the Planning Commission for recommendation to the Board of Commissioners. The Planning and Building Department shall cause a proposal to be reviewed if one or more of the following characteristics exist as determined by the Department during administrative review: The goals, policies, and provisions of the Comprehensive Plan and/or applicable community development plan are so inconclusive or contradictory that they do not provide adequate guidance to render an administrative determination to approve or deny. The proposal is so complex or unusual that it was not addressed in the Comprehensive Plan or applicable community development plan. The proposal cannot be readily categorized as a multi- family, residential, commercial, or light industrial activity as defined in this Ordinance. The Planning and Building Department shall place the referral on the next available meeting agenda of the Planning Commission for review and recommendation to the Board of County Commissioners." 4. The introductory phrase of Subsection 5.410 shall be amended to read: "Approval of a referred proposal shall not be recommended by the Planning Commission or granted by the Board of Commission until all the following findings are made in the affirmative: . ." The remainder of Subsection 5.410 shall remain unchanged. 4 The last sentence of 5.50, which reads: "Conditional uses are reviewed under the procedures of Subsection 5.410, 'Procedures on Referrals,'" is hereby repealed. A new Subsection 5.510, entitled, "Review Procedure," shall be added, and the following subsections shall be renumbered accordingly: "The Hearing Examiner shall review all conditional use applications at a public hearing. Notice to the public shall be as prescribed in Section 5.80, 'Public Notice,' of this Ordinance. At the public hearing, the Hearing Examiner shall review the application, site plan, and supporting information; the Comprehensive Plan and applicable community development plan; comments from consulted agencies; and other information he/she deems proper and necessary. The Examiner shall take testimony and shall adopt findings concerning how the proposed conditional use is consistent or inconsistent with the provisions of the Comprehensive Plan and/or the applicable community development plan or this Ordinance. The Hearing Examiner shall submit his/her written recommendation and findings, along with all pertinent supporting information, to the Board of County Commissioners within ten (10) days of the conclusion of the hearing. If the Examiner recommends approval, the Examiner may include conditions on the proposal that in his/her judgment are necessary to further clarify the provisions of the Comprehensive Plan and/or applicable community development plan and this Ordinance. Any condition must be based on specified plan policy or Ordinance provision. Board of Commissioners Decision: Upon receipt of the recommendation and information from the Hearing Examiner, the Board of Commissioners shall review the referral at its next regular and available public meeting. The Board of Commissioners shall either approve or disapprove the proposed conditional use. In the case of approval, the Board of Commissioners may add, delete, or amend conditions on the proposed project that would in its judgment add consistency with the provisions of the Comprehensive Plan and/or applicable community development plan and this Ordinance. If after considering the matter at a public meeting the Board deems a change in the Hearing Examiner's recommendation necessary, the change shall not be made until the Board has conducted its own public hearing and thereupon adopted its own written findings and conclusions setting forth the factors considered to be controlling." ?. Subsection 5.610 shall be amended to read: "Variances from the site development standards contained in this Ordinance may be granted under certain circumstances; however, deviation from the location standards may not be authorized through the variance process. A request for a variance should be submitted in writing along with supporting documentation and shall accompany the application for a certification of compliance. Hearing Examiner Decision: The Hearing Examiner shall review all variance requests at a public hearing. Notice to the public shall be as prescribed in Section 5.80, 'Public Notice,' of this Ordinance. At the public hearing, the Hearing Examiner shall review the variance request, site plan, and supporting information; the Comprehensive Plan and applicable community development plan; comments from consulted agencies; and other information he/she deems proper and necessary. The Examiner shall take testimony and shall adopt findings concerning how the proposed variance is consistent or inconsistent with the provisions of the Comprehensive Plan and/or the applicable community development plan or this Ordinance. The Hearing Examiner shall issue his/her decision in a written record of decision within ten (10) days of the conclusion of the hearing. If the Examiner approves the variance request, the Examiner may include conditions on the proposal that in his/her judgment are necessary to further clarify the provisions of the Comprehensive Plan and/or applicable community development plan and this Ordinance. Any condition must be based on specified plan policy or Ordinance provision. The decision of the Hearing Examiner shall be final and conclusive unless appealed to the Board of County Commissioners as provided in the Jefferson County Hearing Examiner Ordinance, No. 1-0S18-91. Review Griteria: A variance may be granted when the Examiner has concluded that strict enforcement of this Ordinance would result in practical difficulties or exceptional or unjust hardship for the applicant. In granting a variance the Hearing Examiner will seek to ensure that the spirit of this Ordinance is observed, that public safety and welfare is secured, and that suitable justice is done. Variances may be granted when all of the following findings are made in the affirmative: A literal enforcement of the development standard would result in an undue hardship not experienced by neighboring properties or the general public. The hardship relates to application of the standard to the land, rather than personal circumstances of the applicant. The granting of this and similar requests would not serve to erode the purpose of the standard so varied. The variance so granted would constitute the minimum relief necessary to allow reasonable use of the property. The variance does not authorize a deviation from the location standards contained in this Ordinance. (An example of a variance would be the inability to meet a lot line setback due to the configuration of the lot)." 8. The fourth paragraph of Subsection 6.310 shall be amended to read: "Heavy industry is defined as all other industrial activities. Examples include but are not limited to wood processing facilities, rock crushers, pulp and paper mills, bulk storage of petroleum products, and log storage and handling. Heavy industry, due to its positive and negative impacts on the community, shall be administratively classified as a conditional use and directed to the Hearing Examiner (see Subsection 5.50, 'Conditional Uses')." Subsection 7.20.2 shall be amended to read: "The proposal is administratively determined to be a major expansion, alteration, or change in use. In doing so, the proposal shall be directed to the Hearing Examiner (see Subsection 5.50, 'Conditional Uses')." lO. Subsection 8.3110 shall be amended to read: "A revision to the development code map shall be recommended for approval by the Hearing Examiner and approved by the Board of Commissioners when it is concluded that: The proposed change is a technical correction to the map necessary to clarify an ambiguous situation, articulate the provisions of this Ordinance or to further define areas as illustrated by the appropriate source document (i.e. the Comprehensive Plan or community development plan); and is necessary to serve the needs of the community." 11. A new Subsection 8.320, entitled, "Hearing Examiner Recommendation," shall be added, and the following subsections shall be renumbered accordingly: ? "The Jefferson County Hearing Examiner shall conduct a public hearing on all requests to revise the development code map. Said hearing shall follow the public notice procedure, found in this Ordinance (Subsection 5.80, 'Public Notice'). Upon conclusion of the public hearing and review of the testimony and supporting documentation, the Hearing Examiner shall forward findings of fact and recommendation to the Board of County Commissioners. In order to make an affirmative recommendation, the Hearing Examiner shall adopt the required findings stipulated in Subsection 8.3110.1." 12. Subsection 8.320, "Planning Commission Recommendation," shall be amended to read: "The Jefferson County Planning Commission shall conduct a public hearing on all requests for development code map redesignations. Said hearing shall follow the public notice procedure, found in this Ordinance (Subsection 5.80, 'Public Notice'). Upon conclusion of the public hearing and review of the testimony and supporting documentation, the Planning Commission shall forward findings of fact and recommendation to the Board of County Commissioners. In order to make an affirmative recommendation, the Planning Commission shall adopt one of the required findings stipulated in Subsection 8.3120.1." X3. The first paragraph of Subsection 8.330, "Board of County Commissioners," shall be amended to read: "The Jefferson County Board of Commissioners shall review the findings, recommendation, and supporting documentation forwarded by the Hearing Examiner or Planning Commission at its regularly scheduled meeting. The Board, after review of this material, may conduct its own hearing and develop its own conclusion consistent with the provisions established by this Ordinance." II. Amendments to Ordinance 1-75, the Jefferson County Subdivision Ordinance: 1. Subsection 4.10, "Health Department," shall be amended to read: "The Health Department shall review all proposed long subdivisions, short subdivisions, industrial/commercial subdivisions, mobile home parks, and recreational vehicle parks to determine the adequacy of proposed sewage disposal and water supply systems. The Health Department shall forward comments and recommendations relative to proposed recreational vehicle parks to the Planning Commission; the Health Department shall forward comments and recommendations relative to all proposed long subdivisions, industrial/commercial subdivisions and mobile home parks to the Hearing Examiner." Subsection 4.20, "Public Works Department," shall be amended to read: "The Public Works Department shall review all proposed long subdivisions, short subdivisions, industrial/commercial subdivisions, mobile home parks, and recreational vehicle parks as regards roads, drainage systems and signing. The Public Works Department shall forward comments and recommendations relative to proposed recreational vehicle parks to the Planning Commission; the Public Works Department shall forward comments and recommendations relative to all proposed lonG subdivisions, industrial subdivisions and mobile home parks to the Hearing Examiner. The Public Works Department shall administer all requirements for the design of the final plats or binding site plans, the engineering, installation bonding and inspection of required improvements, and for surveying, monumentation and legal descriptions." S. Subsection 4.30, "Planning Department," shall be amended to read: "The Planning Department shall have overall administrative and design responsibilities regarding proposed long subdivisions, short subdivisions, industrial/commercial subdivisions, mobile home parks, and recreational vehicle parks. The Planning Department shall review such proposals for conformance with the Jefferson County Comprehensive P!.a~, and the requirements of this ordinance. The Planning Department shall forward comments and recommendations relative to proposed recreational vehicle parks to the Planning Commission; the Department shall forward comments and recommendations relative to all proposed long subdivisions, industrial/commercial subdivisions and mobile home parks to the Hearing Examiner." 4. Subsection 4.40, "Planning Commission," shall be amended to read: "The Planning Commission shall review all proposed recreational vehicle parks for conformance with the Jefferson County Comprehensive Plan, the adopted land development policies and standards of the County, the requirements of R.C.W. 58.17, and this ordinance. In addition, the Planning Commission is hereby assigned the functions, powers, and duties incident to holding hearings and making recommendations to the Board on approval or disapproval of preliminary binding site plans of recreational vehicle parks, in accordance with this ordinance." 5. A new Subsection 4.50, entitled, "Hearing Examiner," shall be added, and the following subsections shall be renumbered accordingly: 9 "The Hearing Examiner shall review all proposed long subdivisions for conformance with the Jefferson Gounty Gomprehensive Plan, the adopted land development policies and standards of the County, the requirements of R.O.W. 58.17, and this ordinance. In addition, the Hearing Examiner is hereby assigned the functions, powers, and duties incident to holding hearings and making recommendations to the Board on approval or disapproval of preliminary plats of proposed long subdivisions, industrial/commercial subdivisions, and mobile home parks, in accordance with this ordinance; MOREOVER, the Hearing Examiner is assigned the same functions, powers, and duties with regard to making final decisions on the approval of variances, in accordance with this ordinance." The last sentence of Subsection 4.50 shall be amended to read: "The Board shall make decisions regarding administrative appeals but only after receipt of a recommendation from the Hearing Examiner relative thereto." The first sentence of the last paragraph of Subsection 5.106 shall be amended to read: "Approval by the Health, Public Works, and Planning Departments shall constitute summary short subdivision approval on the part of Jefferson County and no further action by the Hearing Examiner, Planning Gommission or Board of County Gommissioners shall be required." The third paragraph of Subsection 6.102 shall be amended to read: "When land to be subdivided is ad3acent to or within one mile of the municipal boundaries, or contemplates the use of any city or town utilities, before review commences by the Hearing Examiner, notice of the application shall be given by the Planning Department to the legislative body of that city or town. Proposed subdivisions located ad3acent to the right-of-way of State highways, which are submitted for preliminary approval, must be presented to the Director of the Washington State Department of Transportation for review and consideration and for recommendation regardinG such matters as he deems appropriate before the proposed plat is approved. A proposed long subdivision, any part of which is within a flood control zone (as provided in R.C.W. 86.16) must be reviewed by the Washington State Department of Ecology and receive written approval prior to review by the Hearing Examiner. The Planning Department shall forward copies of proposed subdivisions to appropriate fire districts, and school districts when deemed advisable." 9. Subsection 6.104 shall be amended to read: "Upon receipt of a proper and complete application, and upon payment of fees, the Planning Department shall advise the applicant of the time and place of the public hearing at which the application is scheduled to be considered by the Hearing Examiner." 10. Subsection 6.106 shall be amended to read: "At least seven (7) days prior to the public hearing the County Health, Planning, and Public Works Departments shall submit their written recommendations and findings to the Hearing Examiner in care of the Planning Department with all pertinent information available." 11. Subsection 6.107 shall be amended to read: "Hearings shall be conducted by the Hearing Examiner and shall be open to the public. The Hearing Examiner shall review the recommendations of the County Health, Public Works, and Planning Departments and other appropriate agencies, and shall present and review all other pertinent information in his/her possession and shall provide an opportunity for all interested persons to speak and submit exhibits, an accurate record of the public hearing shall be kept by the Hearing Examiner which shall be available for public inspection." 12. Subsection 6.108 shall be renamed, Recommendations," and amended to read: "Hearing Examiner "Within ten (10) days following the hearing, the Hearing Examiner shall submit his/her written recommendations and findings to the Board of County Commissioners together with all pertinent information available." 13. Subsection 6.109.1 shall be amended to read: "Upon receipt of the recommendation and information on any preliminary plat, the Board, at its next public meeting, shall set a date for the meeting where it may adopt or re3ect the recommendations of the Hearing Examiner. If, after considering the matter at a public meeting, the Board deems a change in the Hearing Examiner's recommendation approving or disapproving any preliminary plat necessary, the change of the recommendation shall not be made until the Board has conducted its own public hearing and thereupon adopted its own findings and thereafter approved or disapproved the preliminary plat. Such public hearing may be held before a committee 11 constituting a majority of the Board of Commissioners. If the hearing is before a committee, the committee shall report its recommendation on the matter to the full Board for final action." 14. Subsection 6.113.1 shall be amended to read: "The final plat and supporting data shall be prepared in accordance with Appendix D of this ordinance and shall be submitted to the Planning Department fourteen (14) days prior to final review by the Hearing Examiner." 15. Subsection 6.113.3 shall be amended to read: "The Planning Department shall check the final plat and supporting data for compliance with the conditions for final plat approval and shall prepare a written recommendation for the advice of the Hearing Examiner. The Hearing Examiner shall not consider approval of the plat until the recommendations of the County Health, Public Works, and Planning Departments are in hand." 16. Subsection 10.20.1 shall be amended to read: "The Hearing Examiner shall conduct a public hearing on all variance requests, other than administrative variances. The decision of the Hearing Examiner shall be final and conclusive unless appealed to the Board of County Commissioners as provided in the Jefferson County Hearing Examiner Ordinance, No. 1-0318-91." 17. Subsection 10.401 shall be renamed, "Hearing Examiner Decisions," and amended to read: "In granting approval for variances, the Hearing Examiner may require conditions, which in his/her judgment will secure substantially the objectives of the standards so varied." 18. Subsection 10.402 is hereby repealed and the following subsections shall be renumbered accordingly. III. Amendments to Ordinance No. 3-85, the Jefferson County Road Vacation Ordinance: Subsection 4.10 shall be retitled, "Application," and amended to read: "Petitions for road variances shall be submitted, along with fees as provided by the Board of County Commissioners, in writing to the Planning and Building Department. The Department shall place the variance request on the hearing agenda of the Jefferson County Hearing Examiner; said hearing date shall be established for not more than sixty (60) days and not less than twenty (20) days from the date the petition is filed. The Hearing Examiner shall direct the Planning Department to publish notice of the public hearing in a newspaper having county-wide circulation at least once a week for two (2) consecutive weeks prior to the hearing." 2. Subsection 4.20 shall be amended to read: "The Jefferson County Public Works Department shall provide pre- application consultation to the principle petitioner. When directed by the Hearing Examiner, the Public Works Department shall review the petition and post each termini of the subject road with a public notice stating the date of the public hearing. Such public notice shall be posted at least twenty (20) days prior to the date of the public hearing. The Public Works Department shall examine the proposed road vacation and produce a written report for the Hearing Examiner that includes the Public Works Director's opinion as to: (1) whether or not the subject road should be vacated; (2) whether or not the road has been in use; (S) what the condition of the road is; (4) whether or not it is advisable to preserve the road for the County road system in the future; (5) whether or not the public will benefit by such vacation; and (6) any other applicable facts or information. The Public Works Director shall submit a bill for the cost of such an examination and report to the Board of County Commissioners. When directed by the Hearing Examiner, the Public Works Director shall also provide an estimate of past County expenditures on the subject road." Subsection 4.S0 shall be amended to read: "The Planning and Building Department shall provide pre- application consultation to the applicant. When directed by the Hearing Examiner, the Planning and Building Department shall review the petition and contact all appropriate departments, agencies, and offices for their review and comment. The Planning and Building Department shall also contact adjacent property owners who did not sign the petition. The Planning and Building Department shall prepare a written report for the Hearing Examiner that includes: (1) the road vacation's consistency with the Jefferson County Comprehensive Plan and any other applicable plans, policies, or ordinances; (2) comments from appropriate departments, agencies, and offices; and (S) any other applicable facts or information. The Planning and Building Department shall submit a bill for costs in conducting their review and developing their report to the Board of Commissioners." Subsection 4.60 shall be retitled, "Hearing Examiner," and amended to read: "The Hearing Examiner shall hold a public hearing on all petitions for road vacations. The Examiner shall review the road vacation petition, the written reports of the Planning and Building and Public Works Departments, and the criteria contained in Section 5 of this Ordinance, and receive public testimony in support of or in opposition to the proposed road vacation. The Hearing Examiner shall then issue a written record of decision granting or denying the petition, with any conditions of approval. The decision of the Hearing Examiner shall be final and conclusive unless appealed to the Board of County Commissioners as provided in the Jefferson County Hearing Examiner Ordinance, No. 1- 0318-91. As a special condition for granting approval of a road vacation petition, the Hearing Examiner may: (1) retain an easement within the subject vacated area for the construction, repair, and maintenance of public utilities and services, pursuant to RCW S6.87.140 and Section 5 of this ordinance; and/or (2) retain an easement within the subject vacated area for trail or pathway purposeS, pursuant to Section 5 of this ordinance." Section 6 shall be amended to read: "The Hearing Examiner shall require compensation by the principle petitioner(s) for all vacated rights-of-way in compliance with RCW 36.87.120. Compensation for all vacated rights-of-way shall be determined at a rate of fifty percent (50~) of the assessed value of the property as determined by the County Assessor's Office. The assessed value of the right-of-way may be obtained from a certified or designated appraiser at the proponent's request and expense. In this event, verification must be provided that the appraiser is certified by the Washington State Department of Revenue, or the Society of Real Estate Appraisers. If the property values provided by the County Assessor and certified appraiser differ, the principle petitioner(s) may choose which value shall be used in determining the required compensation. Alternate compensation may be provided in lieu of the monetary amount defined above when found acceptable to the Hearing Examiner. In this event, alternate forms of compensation must equal or exceed the monetary compensation required by this ordinance. Alternate compensation shall include but not be limited to the exchange of property and or improvements provided by the principle petitioner(s). Compensation shall be paid to the County subsequent to the Hearing Examiner's approval of road vacations and prior to the signing of the vacation order." 7. Section 7 is hereby repealed and the following subsections shall be renumbered accordingly. IV. A~e,~ents to Ordinance 3-80, The Jefferson County CmmDer Club Ordinance: 1. Subsection 4.10 shall be amended to read: "The Jefferson County Health Department shall review all proposed camping club developments to determine the adequacy of the proposed sewage disposal and water supply systems, including related provisions pursuant to W.A.C. 248-96 and 248-54. The Health Department shall forward comments and recommendations relative thereto to the Hearing Examiner with regard to preliminary binding site plans." Subsection 4.20 shall be amended to read: "The Jefferson Oounty Public works Department shall review all proposed camping club developments as regards to roads, drainage systems, and signing, and shall forward comments and recommendations relative thereto to the Hearing Examiner in considering preliminary binding site plans. The Public Works Department shall administer all requirements for the design of the final binding site plan; engineering, installation bonding and inspection of required improvements; and surveying, monumentation, and legal descriptions." S. Subsection 4.SO shall be amended to read: "The Jefferson County Planning Department shall have overall administrative and design responsibilities regarding proposed camping club developments. The Planning Department shall review such proposals for conformance with the Jefferson County C0mp?ehensive Plan and any other official control related thereto, and the requirements of this ordinance; and shall solicit comments from appropriate fire protection, school, utility, and law enforcement agencies; and shall forward comments and recommendations relative thereto to the Hearing Examiner with regard to proposed preliminary binding site plans. The Planning Department shall transmit the findings and recommendations of the Hearing Examiner to the Board of County Commissioners." Subsection 4.40 shall be retitled, "Hearing Examiner," and shall be amended to read: "The Jefferson County Hearing Examiner shall review all proposed camping club developments for conformance with the Jefferson Gounty Gomprehensive Plan and the adopted land development policies and standards of the County, and the requirements of this ordinance. In addition, the Hearing Examiner is hereby assigned the function, power, and duty incident to holding hearings and making recommendations to the Board of County Commissioners on approval or disapproval of preliminary binding site plans or proposed camping club developments in accordance with this ordinance; MOREOVER, the Hearing Examiner is assigned the same function, power, and duty with regard to making final decisions on the approval of variances, in accordance with this ordinance." 5. The last sentence of Subsection 4.50 shall be amended to read: "The Board shall make decisions regarding administrative appeals, but only after receipt of a recommendation from the Jefferson County Hearing Examiner relative thereto." The first sentence of Subsection 5.105 shall be amended to read: "Upon recelpt of a proper and complete application, and upon payment of the fee, the Planning Department shall advise the applicant of the time and place of the initial public hearing at which the application is scheduled to be considered by the Hearing Examiner." Subsection 5.107 shall be amended to read: "At least seven (7) days prior to the public hearing the Health Department, Public Works Department, and Planning Department shall submit their written findings and recommendations, together w~th any comments from fire protection, school, utility, and law enforcement agencies, to the Hearing Examiner in care of the Planning Department with all pertinent information available." Subsection 5.108 shall be amended to read: "The hearing shall be conducted by the Hearing Examiner, or may be conducted jointly by the Hearing Examiner and the Jefferson-Port Townsend Shoreline Management Advisory Commission when the proposed project falls within the jurisdiction of the Shoreline Management Act of 1971. Such hearing shall be open to the public. The Hearing Examiner shall review the recommendations of the Health Department, Public Works Department, and the Planning Department in the form of a review report and shall present and review all other pertinent information in his/her possession and shall submit exhibits. An accurate record of the public hearing shall be kept by the Hearing Examiner which shall be available for public inspection." Subsection 5.109 shall be retitled, Recommendation," and shall be amended to read: "Hearing Examiner "Within ten (10) days following the public hearing, the Hearing Examiner shall submit his/her written recommendations and findings to the Board of County Commissioners together with all pertinent information available." 10. Subsection 5.110.1 shall be amended to read: "Upon receipt of the recommendation and information on any proposed camping club development, the Board, at its next public meeting, shall set a date for the meeting where it may adopt or reject the recommendations of the Hearing Examiner. If after considering the matter at a public meeting, the Board deems a change in the Hearing Examiner's recommendation approving or disapproving any camping club development, the change of the recommendation shall not be made until the Board has conducted its own public hearing and thereupon adopted its own findings and thereafter approved or disapproved the proposed camping club development. Such a public hearing may be held before a committee constituting a majority of the Board of Commissioners. If the hearing is before a committee, the committee shall report its recommendations to the full Board for final action." Il. Subsection 5.114.1 shall be amended as follows: "The final binding site plan and supporting data shall be prepared in accordance with Appendix "B" of this ordinance and shall be submitted to the Planning Department fourteen (14) days prior to review by the Hearing Examiner." 12. Subsection 5.114.3 shall be amended as follows: "The Planning Department shall check the final binding site plan and supporting data for compliance with the conditions of approval and shall prepare a written recommendation for the advice of the Hearing Examiner. The Hearing Examiner shall not consider approval of the plan until recommendations of the Health, Public Works, and Planning Departments are in hand." 13. Subsection 7.20.1 shall be amended to read: "The Hearing Examiner shall conduct a public hearing on all variance requests, other than administrative variances. The decision of the Hearing Examiner shall be final and conclusive unless appealed to the Board of County Commissioners as provided in the Jefferson County Hearing Examiner Ordinance, No. 1-0318-91." 14. Subsection 7.401 shall be retitled, "Hearing Examiner Decisions," and shall be amended to read: "In granting approval for variances, the Hearing Examiner may require conditions, which in his/her judgment will secure substantially the objectives of the standards so varied." 15. Subsection 7.402 is hereby repealed and the following subsections shall be renumbered accordingly. BE IT FINALLY RESOLVED that the Jefferson County Planning Commission shall complete administrative review, and issue recommendations, concerning all project applications with which is has formally been involved prior to the effective date of the Jefferson County Hearing Examiner Ordinance, No. 1-0318-91. Severability~.. If any section, subsection, or other portion of this ordinance is held invalid by any court of competent jurisdiction, such section, subsection, or portion shall be deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. VI. Effective Date: This ordinance shall be effective on the 5th day of August, 1991. 18 VII. Adoption: Adopted by the Jefferson County Board of Commissioners this l?th day of June, 1991. BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON sOn, Chairman APPROVED AS TO FORM: Mark Huth, Jefferson County Deputy Prosecuting Attorney 19