The URL can be used to link to this page

Home My WebLink About06 1014 91IN TH~ ~O~ OF TH~ COUNTY ~N ~N~ FOR TH~ COUNTY OF J~FFI~I~ON IN THE MATTER OF an ordinance ) amending the public notice and ) appeals provisions of the. ) Jefferson County State Environmental) Poltcy Act Implementing Ordinance, ) No. ?-84, to require notification ) of the public prior to issuance of ) threshold determinations and to ) clarify that all threshold ) determinations are appealable to ) the Jefferson County Board of ) Commissioners ) ORDINANCE NO. 06-1014-91 WHEREAS, the Jefferson County Board of County Commissioners amended the "responsible official" designation under the Jefferson County State Environmental Policy Act Implementing Ordinance, No. ?-84, pursuant to amending ordinance No. 05-0916-91; and WHEREAS, the Jefferson countY Board of Commissioners finds that the aforementioned amendment reveals a need for supplementary notice provisions within the Jefferson County State Environmental Policy Act Imple~enting Ordinance, No. ?-84, relating to pending threshold determinations; and ~' WHEREAS, the Jefferson County Board of Commissioners finds that the public notice provisions within the Jefferson County State Environmental Policy Act Implementin~ Ordinance, No. ?-84, should clearly provide the public with notification and an opportunity to comment on all pending threshold determinations before such determination is made; and WHEREAS, the Jefferson County Board of Commissioners finds that the aforementioned amendment also reveals that the appeals provisions within the Jefferson County State Environmental Policy Act I~plementing O=dinance, No. ?-84, require clarification to indicate that all threshold determinations may be appealed to the County Commissioners; and WHEREAS, the Jefferson County Board of County Commissioners finds that so modifying the public notice and appeal provisions of the ordinance would serve the best interests of the citizens of Jefferson County; NOW, THEREFORE, the Jefferson County Board of County Commissioners hereby ordains that the following provisions of the Jefferson County State Environmental Policy Act Implementin~ Ordinance, No. ?-84 shall be amended as follows: A new subsection ?.20(1) shall be added,., and the followtn~ subparagraphs shall be renumbered accordingly: "(1) After the filing of a project application requiring the issuance of a threshold determination pursuant to WAC 197- 11-310, the Planning Department shall provide the public with notice and an opportunity to comment on the pending threshold determination as follows: (a) The Planning Department should send notices to adjacent property owners advising them of the pending threshold determination. Names and addresses of adjacent property owners shall be provided to the Planning Department by the applicant, subject to Planning Department approval. (b) The Planning Department shall provide the applicant with at least two (2) notices of the pending threshold determination, and one (1) copy of an affidavit of posting. The applicant shall post the notices and maintain them in place until the threshold determination is issued. The notices shall be placed in conspicuous locations on or near the property, and shall be removed by the applicant upon the issuance of the threshold determination. Said notices shall be mounted on easily visible boards not smaller than two feet (2') by three feet (3'), which shall be provided by the Planning Department. The affidavit of posting shall be signed, notarized, and returned to the Planning Department no later than seven (7) days after the notices are provided. -2- (c) The Planning Department shall arrange for at least one (1) publication of the notice of the pending threshold determination to appear in a newspaper of general circulation within the County. Payment of all publication fees shall be the responsibility of the applicant. In addition to meeting Planning Department requirements, all notices shall include a statement indicating that any person may submit information and comments relating to the pending threshold determination to the Planning Department. Al/ comments received shall be provided to the applicant. Where practicable, notice of a pending threshold determination may be incorporated within a notice required under a separate County program or ordinance. Examples include, but are not limited to: notice of an application filed under the Jefferson County Shoreline Management Master Program; and, notice of a pending administrative review, or notice of a public hearing, required pursuant to an application filed under the Jefferson County Subdivision Ordinance; and notice of a pending administrative review pursuant to an application for a certificate of compliance fi/ed under the Jefferson County Development Code." Subsection a.20(1) shall be amended to reed as follows: "Ail threshold determinations issued by the responsible official shall be appealable to the County Commissioners, The proponent or any aggrieved party may appeal by giving written notice to the responsible official within ten days of the decision being appealed. Review by the County Commissioners shall be on a de novo basis." Severability: If any portion of this ordinance is held Invalid by any court of competent jurisdiction, such portlon shall be deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. Effective Date: This ordinance shall become effective on the 14th day of October, 1991. Adoption: Adopted by the Jefferson County Board of Commissioners on this 14th day of October, 1991. -5- JEFFERSON GOUNTY BOARD OF GOUNTY GOMMISSIONERS 'L'~-r - t~,~~ e nn~ s bh-~, Chairman B. G. Brown, Member Richard WoJt, Member APPROVED AS TO FORM: Mark ff~th~ Jefferson County Prosecuting Attorney -4- FINDINGS AND CONCLUSIONS: ORDINANCE NO. 06-1014-91, AMENDING TH~ PUBLIC NOTICE AND APPKALS SECTIONS OF THE JKFFKRSON COUNTY STATE ENVIRONI, fKNTAL POLICY ACT IMP~ING ORDINANCE, NO. 7-84 The Jefferson Gounty Board of Commissioners held a public hearing on a proposed ordinance amending the Jefferson I~plementtn~ Ordinance, No. 7-84, to require public notification prior to the issuance of threshold determinations, and to clarify that al/ threshold determinations are appealable to the Board. The public hearing was held on Monday, October 14, at 2:00 p.m., in the Commissioner's Chambers. At the public hearing, the Board effected a number of modifications to the proposed ordinance advertised in the Port Townsend Lemder on Wednesday, October 2, 1991. Said modifications were made by way of floor amendments by members of the Board, after discussion with the Jefferson County Prosecuting Attorney, Mark Huth. The Board enters the following Findings of Fact and Conclusions pertaining to the amending ordinance: 1. The Jefferson County Board of Commissioners recently amended the Jefferson County State Environmental Policy Act Implementing Ordinance, No. 7-84, to designate the Director of the Planning Department as the "responsible official." This amendment reveals a need for supplementary notice provisions within said Implementin~ Ordinance relative to pending "threshold determinations," The public interest would be better served, and the purposes and goals of RCW 43.21C could more effectively be achieved if the Implementin~Ordinance were amended to clearly provide the public with notification and an opportunity to comment on all pending threshold determinations before such determinations are made. e The aforementioned amendment to the Implementin~ Ordinance exposes a deficiency within the appeals provisions of the Ordinance. The Board finds that the public interest would better be served, and the purposes and goals of ROW 43.210 would better be achieved if the Implementin~ Ordinance were amended to allow all threshold determinations to be appealed to the Board. -5- The County's Implelentin~Ordinance cannot contain rules that are inconsistent with RCW 43.21C, or the WAC rules adopted pursuant thereto. WAC 197-11-310 directs the responsible official to make threshold determinations as close as possible to the time an agency has developed or is presented with a proposal, and that such time period should not exceed fifteen days. The amendments to the IIplementtn~ Ordinance, as advertised, would make compliance with the aforementioned fifteen day time period a practical impossibility. Accordingly, it ls ordered that the following provisions of the amending ordinance be modified as follows: The initial phrase of subsection ?.20(1) of the amending ordinance should read: "After the filing of a project application requiring the issuance of a threshold determination pursuant to WAC 197-11-310, the Planning Department shall provide the public with notice and an opportunity to comment on the threshold determination as follows: . ." The first sentence of the paragraph immediately following ?.20(1)(d) of the amending ordinance should read: "In addition to meeting Planning Department requirements, all notices shall include a statement indicating that any person may submit information and co~ents relating to the pending threshold determination to the Planning Department." Neither RCW 43.21C nor WAC chapter 197-11 require notice of pending threshold determinations. Moreover, the proposed amendments to the I~ple~enttn~ Ordinance, as advertised, impose an unreasonable burden upon Planning Department staff. Accordingly, it is ordered that the first sentence of subsection ?.20(1)(a) of the amending ordinance be modified as follows: "The Planning Department should send notices to adjacent property owners advising them of the pending threshold determination." The proposed amendments to the Imple~entt~l~ Ordi~nce, as advertised, do not require submission of a written notice of appeal. Reducing the notice of appeal to writing would provide necessary evidence that an appeal has 'been lodged. -6- Accordingly, it is ordered that the second sentence of subsection 8.20(1) of the amending ordinance be modified to read: "The proponent or any aggrieved party may appeal by giving written notice to the responsible official within ten days of the decision being appealed." DATED THIS 21ST DAY OF OCTOBER, 1991. ATTEST: LORNA'L. DELANEY Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS L-ARJ%Y_~E~JNI~ON ,~ Ghat B.C. BROWN, Member RICHARD E. WOJT, Member -7-