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JEFFERSON COUNTY
State of Washington
In the Matter of
An Ordinance Amending
Jefferson County Code Chapter 2
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11-1104-96
ORDINANCE NO.
Findings:
The Jefferson County Board of Commissioners hereby find that:
1.
WHEREAS, RCW 90.70 created the Puget Sound Water Quality Authority for the
purposes cited in RCW 90.70.001.
2.
WHEREAS, the 1991 Puget Sound Water Quality Management Plan (plan), (revised
May, 1994) requires that all cities and counties in the Puget Sound basin shall adopt
ordinances requiring stormwater controls for new development and redevelopment.
3.
WHEREAS, the Jefferson County Board of Commissioners subsequently adopted the
Jefferson County Stormwater Management Ordinance in order to comply with the
Puget Sound Water Quality Plan.
4.
WHEREAS, the Stormwater Management Ordinance provides an administrative
process for review of new development, redevelopment, and land disturbing activity in
order to achieve the purposes of the Ordinance. The Ordinance provides that
administration of the Ordinance shall be the responsibility of a Stormwater
Administrator designated by the Board of Commissioners.
5.
WHEREAS, the Stormwater Management Ordinance provides a process for appeals of
administrative decisions. That process provides that appeals of administrative decisions
shall be heard in an open public record hearing by the Jefferson County Hearing
Examiner who shall make a recommendation to the Jefferson County Board of
Commissioners.
6.
WHEREAS Jefferson County Code Chapter 2.05 Hearing Examiner sets forth the
duties of the Jefferson County Hearing Examiner and a process for carrying out those
duties in coordination with Jefferson County staff.
7.
WHEREAS, the Regulatory Reform Act RCW 36.70B requires Jefferson County to
establish a permit review process which: 1) provides for an integrated and consolidated
review process which combines the environmental review process with the project
review process; and 2) provides for no more than one open record hearing and one
closed record appeal of a project permit.
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8.
WHEREAS Jefferson County Code Chapter 2.15 Administration of Development
Regulations sets forth the process for achieving the requirements of RCW 36.70B.
Chapter 2.15 includes a list of materials required to be submitted with an application
for a development permit application and an Application Requirements matrix which
graphically depicts the required application materials.
NOW THEREFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS DO
ORDAIN AS FOLLOWS:
SECTION 1
Title 2 of the Jefferson County Code is hereby amended to read as follows:
CHAPTER 2.05 HEARING EXAMINER
2.05.010 Purpose
This chapter establishes a system for applying land use regulatory controls in order to satisfy the
following basic objectives:
(1) To segregate the land use regulatory functions from the land use planning process;
(2) To guarantee both due process and the appearance of fairness in land use hearings; and
(3) To provide an effective land use regulatory system which integrates the public hearing
and decision-making processes for land use matters.
This chapter also establishes a system to review appeals of civil penalties and appeals of decisions by
the Stormwater Administrator relating to the Jefferson County Stormwater Management Ordinance.
2.05.090 Applications
(1) All applications to be submitted to the examiner for hearing shall be presented to either the
planning department or the Stormwater Administrator as designated under the provisions of the
Jefferson County Stormwater Management Ordinance, as appropriate. The planning department and
Stormwater Administrator shall accept such applications only after applicable filing requirements are
met.
(2) After determining that the application is within his/her jurisdictional scope, the examiner shall
direct either the planning department or the Stormwater Administrator, as appropriate to assign a
date for a public hearing, and provide public notice in accordance with the ordinance governing the
application.
2.05.100 Fees
All applications for examiner review submitted to the planning department shall be accompanied by
a fee, as set by the board of county commissioners, payable to the Jefferson County planning
department. All applications for examiner review submitted to the Stormwater Administrator shall
be accompanied by a fee, as set by the board of county commissioners, payable to the Jefferson
County Department of Public Works.
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2.05.110 Planning department and Stormwater Administrator reports
Except for matters relating solely to review under the Stormwater Management Ordinance which
shall be the responsibility of the Stormwater Administrator, the planning department shall coordinate
and assemble the reviews of other county departments and government agencies having an interest in
the subject application, and shall prepare a written informational report summarizing the factors
involved and the department's findings. At least seven days prior to the scheduled hearing the report
shall be filed with the examiner, and copies thereof shall be mailed to the applicant and made
available to the public. Copies of planning department and Stormwater Administrator reports shall
be provided to interested parties upon payment of reproduction costs.
2.05.120 Powers and duties
The examiner shall review all applications for conformance with the Jefferson County
comprehensive plan and/or relevant community development plan and the provisions of all
applicable land use regulations and the_Stormwater Management Ordinance. The examiner shall
receive and examine available information, conduct public hearings, and enter findings of fact and
conclusions of law based upon those facts in a record of decision to be rendered within ten days of
the conclusion of the hearing. The conclusions of the examiner shall represent final decisions and
recommendations as provided hereinafter:
(2) Recommendations. Decisions by the examiner on the following matters shall constitute a
recommendation to the Board of County Commissioners:
(a) Applications for preliminary plat approvals;
(b) Applications for preliminary mobile home park approvals;
(c) Applications for preliminary approvals of membership camper clubs;
(d) Applications for conditional use permits under the County Development Code;
(e) Applications for County Development Code map revisions;
(t) Applications for current use assessment of open space or timberland;
(g) Appeals from decisions of the administrator of the Shoreline Master Program;
(11) Appeals from administrative decisions granting or denying certificates of compliance
under the County Development Code;
(i) Appeals from preliminary administrative decisions granting or denying short plat
approval;
G) Appeals of civil penalties imposed by the Stormwater Administrator; and
(k) Appeals of administrative decisions by the Stormwater.
CHAPTER 2.15 OPTIONAL CONSOLIDATED PERMIT REVIEW PROCESS (Implementing the
Regulatory Reform Act of 1995)
Section 2.15.021 Definitions
2.15.01.021 Preliminary drainage plan. Information provided by an applicant which includes a site
plan and narrative and which describes existing natural and man-made drainage patterns on and
adjacent to the site of a proposed development and proposes measures for collecting, treating,
conveying, detaining, and discharging stormwater generated by a development. A preliminary
drainage plan is used to determine the erosion control and stormwater management required to be
implemented in conjunction with a development. A preliminary drainage plan is conceptual in nature
and does not include a stormwater site plan or final engineered construction drawings.
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2.15.03.002 Development Permit Application. Applications for project permits shall be submitted
upon forms provided by the Director. An application shall consist of all materials required by the
applicable development regulations, and shall also include the following general information:
O. Preliminary drainage plan.
2.15.03.002 Application Requirements matrix:
The Application Requirements matrix is amended to indicate that a preliminary drainage plan ~
~ required with all applications for Conditional Use, PUD, Rezone, and Special Use Zoning
applications; Binding Site Plan, Commercial Subdivision, and Long Subdivision applications; and
Camper Club, Mobile Home Park, and RV Park applications. The Application Requirements matrix
is amended to indicate that a preliminary drainage plan may be required for short plat, shoreline
permit and shoreline permit exemption applications.
SECTION II. SEVERABILITY:
If any section, subsection, sentence, clause, phrase, or figure of this ordinance or its application to
any person or circumstances is held invalid, the remainder of the ordinance or the application to
other persons or circumstances shall not be affected.
SECTION III. EFFECTIVE DATE:
The effective date of these amendments shall be 90 days from the date passed and adopted by
the Board of County Commissioners.
PASSED AND ADOPTED THIS 4#-' DAY OF NOVEMBER, 1996.
SEAL:
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