HomeMy WebLinkAbout08 0408 96
ORDINANCE NO. 08-0408-96
JEFFERSON COUNTY
OPTIONAL CONSOLIDATED
PERMIT REVIEW PROCESS
IMPLEMENTING
THE
REGULATORY REFORM ACT OF 1995
ESHB 1724
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Richard Wojt, Chairperson
Robert Hinton, Commissioner
Glen Huntingford, Commissioner
JEFFERSON COUNTY PLANNING COMMISSION
Gary Phillips, Chairperson
Joy Baisch, Member
Richard Broders, Member
Paul Constantine, Member
Don Cote, Member
Ralph Ericksen, Member
Penny Herrick, Member
Jim Ramey, Member
Guy Rudolph, Member
JEFFERSON COUNTY DEPARTMENT OF COMMUNITY
DEVELOPMENT
AI Scalf, Director
Roger Blaylock, Senior Planner
Michelle Grewell, Assistant Planner
Monica Macguire, Permit Coordinator
væ..
22 r.~G;814
MJ P 1tU'vVÚ ~ Jf, 8"~ ~
JEFFERSON COUNTY
State of Washington
OPTIONAL CONSOLIDATED PERMIT REVIEW PROCESS
AN ORDINANCE CREATING A NEW ADMINISTRATIVE)
PROCEDURES SECTION TO THE JEFFERSON COUNTY)
CODE: )
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REGULATORY REFORM
JCC 2.15
AND AMENDING SECTIONS:
HEARING EXAMINER
ZONING CODE
SUBDIVISIONS
ENVŒONMENTAL (SEPA)
BUILDING CODE
SHORELINE MASTER PLAN
- JCC 2.05
- JCC 18
- JCC 17
- JCC 16.05
- JCC 15.05
- JCC 18.10
OF THE JEFFERSON COUNTY CODE.
RELATING TO LAND USE AND ZONING, ADOPTING
NEW ADMINISTRATIVE PROCEDURES FOR THE
PROCESSING OF PROJECT PERMIT APPLICATIONS,
AS REQUŒED BY THE REGULATORY REFORM ACT,
CHAPTER 36.70B RCW, DESCRIBING GENERAL
REQUIREMENTS FOR A COMPLETE APPLICATION;
ALLOWING FOR OPTIONAL CONSOLIDATED PERMIT
PROCESSING; DESCRIBING THE PROCESS FOR
ISSUANCE OF A NOTICE OF APPLICATION; SETTING
FORTH THE INITIAL STEPS IN THE DETERMINATION
OF CONSISTENCY WITH THE DEVELOPMENT
REGULATIONS AND SEPA; SETTING A TIME FRAME
FOR THE ISSUANCE OF PROJECT PERMITS;
DESCRmING THE REQUIRED PUBLIC NOTICE
PROCEDURES FOR A PUBLIC HEARING;
ESTABLISHING A PROCESS FOR THE CONDUCT OF
OPEN RECORD HEARINGS AND CLOSED RECORD
DECISIONS AND APPEALS; AND DESCRmING THE
PROCESS FOR ISSUANCE OF A NOTICE OF DECISION.
ORDINANCE NO. 08-0408-96
I
. vaL
22 rAG~815
Regulatory Reform Ordinance
April 8, 1996
WHEREAS, the Regulatory Reform Act (chapter 36.70B RCW) requires that Jefferson County
establish a permit review process which, among other things: (I) provides for the integrated and
consolidated review and decision on two or more project permits relating to a proposed action; (2)
combines the environmental review process, both procedural and substantive, with the procedure for the
review ofproject permits; (3) provides for no more than one open record hearing and one closed record
appeal on such permits, except for the appeal of a determination of significance; and (4) provides for the
issuance of the County's final decision within 120 days after submission of a complete application;
WHEREAS, the Act also requires that Jefferson County adopt such permit review process by
March 31, 1996, but provides that the time ITames for permit processing shall apply only to project permit
applications filed on or after April I, 1996; and,
WHEREAS, this ordinance is exempt ITom review under the State Environmental Policy Act
(SEPA) as provided in, and pursuant to, Washington Administrative Code 197-11-800(20) Procedural
Actions; NOW, THEREFORE,
THE BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Title 2 is hereby amended to the Jefferson County Code, to read as follows:
TITLE 2.15
ADMINISTRATION OF DEVELOPMENT REGULATIONS
CHAPTER 2.15.01
CHAPTER 2,15.02
CHAPTER 2.15.03
CHAPTER 2.15.04
CHAPTER 2.15.05
CHAPTER 2.15.06
CHAPTER 2.15.07
DEFINITIONS AND INTERPRET A TION
TYPES OF PROJECT PERMIT APPLICATIONS
TYPE I-IV PROJECT PERMIT APPLICATIONS
PUBLIC NOTICE
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEP A
OPEN RECORD PUBLIC HEARINGS
CLOSED RECORD DECISIONS AND APPEALS
2
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22 rAG~816
Regulatory Reform Ordinance
AprilS, 1996
CHAPTER 2.15.01
DEFINITIONS AND INTERPRETATION
2.15.01.001
2.15.01.002
2.15.01.003
2.15.01.004
2.15.01.005
2.15.01.006
2.15.01.007
2.15.01.008
2.15.01.009
2.15.01.010
2.15.01.011
2.15.01.012
2.15.01.013
2.15.01.014
2.15.01.015
2.15.01.016
2.15.01.017
2.15.01.018
2.15.01.019
2.15.01.020
2.15.01.021
2.15.01.022
2.15.01.023
2.15.01.024
2.15.01.025
2.15.01.026
2.15.01.027
Application Review Committee
Change of Occupancy
Closed Record Appeal
Complete Application
Complete Application, Date of.
Consistency with Comprehensive Plan
Construction Permit
Construction Permit, SEP A-exempt
Deficiency, Application
Determination of Completeness
Hearing Body
Land Use Approval
Land Use Approval, Administrative
Land Use Approval, Quasi-Judicial
Notice of Application
Notice of Decision
Open Record Hearing
Open Record Predecision Hearing
Open Record Appeal Hearing
Party of Record
Project
Project Permit
Project Permit Application
Public Meeting
Revision of Application, Minor
Revision of Application, Substantial
Interpretation of Terms
2.15.01.001 Application Review Committee. The Application Review Committee is composed of
the Development Review Division of the Department of Public Works, the Environmental Health
Department, and the Development Review Division of the Community Development Department. The
function of the Committee is to review: (I) pre-applications presented under Chapter 2.15.03.001: Pre-
Application Conference, and (2) determine if the permit application is complete for submission and
acceptance under Chapter 2.15.03.003.
2.15.01.002 Change of Occupancy. A change in the existing occupancy classification of a building,
structure, or land, or portion thereof, as established and defined by the Uniform Building Code then in
effect. Land use approval by appropriate authority and a certificate of occupancy issued by the building
official may be required for any such change,
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Regulatory Reform Ordinance
April 8, 1996
2.15.01.003 Closed Record Appeal. An administrative appeal following an open record hearing on
a project permit application when the appeal is on the record with no or limited new evidence or
information allowed to be submitted and only appeal argument allowed. [See RCW 36.70B.020(1)].
2.15.01.004 Complete Application. A written application for a project permit which meets the
procedural submission requirements of the County and is sufficient for continued processing even though
additional information may be required or project modifications may subsequently occur. To be complete,
an application must include all required information, elements, attachments and supplemental studies or
reports as set forth in the applicable section of the Jefferson County Code and as described on the
approved application form, including any environmental checklist required by JCC Chapter 16.05; all in
sufficient detail for the reviewing authority to determine whether or not such application conforms with
applicable regulations and standards per the Project Permit Application, Section 2.15.03.002. An
application including such information which does not conform or is inconsistent with such regulations
and standards shall nonetheless be deemed complete. [See RCW 36.70B.040].
2.15.01.005 Complete Application, Date of. The date upon which the County has received all
necessary information, forms, and fees required for the County to issue a determination of completeness.
2.15.01.006 Consistency with Comprehensive Plan. Performance in accordance with and complying
and conforming with state law and the Jefferson County Comprehensive Plan as determined by
consideration of the type of land use, the level of development, inftastructure, and the character of the
development. [See RCW 36.70B.040].
2.15.01.007 Construction Permit. A building permit or engineering permit issued by Jefferson County
or other public agency authorizing specific physical alteration of land or alteration, installation, placement
or creation of structures attached to land, including land covered by water.
2.15.01.008 Construction Permit, SEPA-exempt. A construction permit or license exempt from the
threshold determination and environmental impact statement requirements of the State Environmental
Policy Act, such as an electrical, mechanical, plumbing or single-family building permit, and installation
permits for lateral utility lines.
2.15.01.009 Deficiency, Application. The lack of an element or information which results in an
application being deemed not complete, or which otherwise prevents meaningful review and rendering of
a decision regarding the application. A deficiency includes an element or information which is absent, is
inaccurate or in some other aspect does not conform with applicable regulations and standards, and
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22 r~G~818
Regulatory Reform Ordinance
April 8, 1996
supplemental information or studies required to review an application. Erroneous or misleading
information intentionally included in an application shall constitute a deficiency.
2.15.01.010 Determination of Completeness. A written determination by the Director or his
respective designees that all required elements of an application have been reviewed by the County. This
determination initiates the statutory review period for the application, if any, and subject to certain
exceptions, entitles the applicant to have the application considered and reviewed pursuant to the laws,
regulations and standards in effect on the date the application was complete.
2.15.01.011 Hearing Body. The individual or commission conducting the open public record hearing
or the closed record appeal. The hearing body may be the Hearing Examiner, the Planning Commission,
the Shorelines Advisory Commission or the Board of County Commissioners.
2.15.01.012 Land Use Approval. A written approval or permit issued by the Director or Hearing
Examiner finding that a proposed project is consistent with applicable plans, regulations and standards and
authorizing the recipient to make use of property in a certain manner. The land use approval consolidates
various non-construction permit reviews of a project such as design review, environmental review, zoning
conformance, and site plan review. Land Use Approval is a permit which does not directly authorize
construction or improvements to real estate, but which is a necessary and required precursor to
authorization of such construction or improvement. Land Use Approval includes, but is not limited to,
applications for review and approval of a preliminary or final subdivision, short plat, binding site plan,
planned unit development, site plan review, conditional use permit, variance, shoreline development
permit, or other such reviews pertaining to land use.
2.15.01.013 Land Use Approval, Administrative. A Land Use Approval which may be issued by an
authorized official or body, usually the Director, without an open record predecision hearing.
2.15.01.014 Land Use Approval, Quasi-Judicial. A Land Use Approval issued by an authorized
hearing body.
2.15.01.015 Notice of Application. A written notice that a complete project permit application has
been received by the County, including at minimum:
.
the date of application
the date of the notice of completeness of the application
the date of the notice of application
a description of the proposed project
a list of permits requested by the applicant
.
.
.
.
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22 rAG~819
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Regulatory Reform Ordinance
April 8, 1996
.
a list of any studies requested by the County
identification of other permits known to be required for the project but not requested by
the applicant
identification of existing environmental documents evaluating the proposal
the location where the application and any studies can be reviewed
a statement of the public comment period
a statement of the right of any person to comment on the application, receive notice of and
participate in any hearing, request a copy of the decision once made, and of any appeal
rights
the date, time, place, and type of any hearing scheduled at the date of the notice
a statement of the preliminary determination of those development regulations that will be
used for project impact mitigation
a statement of whether an environmental impact statement will be required
a statement of any preliminary determination of consistency with plans and regulations of
the County. [See RCW 36.70B.IIO]
.
.
.
.
.
.
.
.
.
2.15.01.016 Notice of Decision. A written notice of the County's decision on a project permit
application, including a statement of any SEP A threshold determination and any administrative appeals
procedures.
2.15.01.017 Open Record Hearing. A hearing conducted by a single hearing body or officer that
creates the County's record through testimony and submission of evidence and information under
procedures prescribed by this Title. [See RCW 36.70B.020(3)].
2.15.01.018 Open Record Predecision Hearing. A form of open record hearing held prior to the
County's decision on a project permit. [See RCW 36.70B.020(3)].
2.15.01.019 Open Record Appeal Hearing. A form of open record hearing held on request in
response to a notice of decision when no open record predecision hearing was held on the project permit.
[See RCW 36.70B.020(3)].
2.15.01.020 Party of Record. The applicant and any person who prior to the closing of the public
record by the Hearing Body has requested notice of the decision or submitted substantive comments on
an application. (See Section 2.15,07.003 for specific criteria.)
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Regulatory Reform Ordinance
April 8, 1996
2.15.01.021 Project. A change in occupancy or modification or improvement of real estate, whether
done by clearing, grading, or structure creation or modification in any manner requiring approval,
licensing, or permitting by Jefferson County.
2.15.01.022 Project Permit. Any land use or environmental permit or license required from the
County for a project action, such as building permit, preliminary or final plat approval, binding site plan
approval, conditional use approval, shoreline substantial development permit, land use approval or a site
specific rezone authorized by the Jefferson County Comprehensive Plan. Adoption or amendment of a
comprehensive or other county plan, subarea plan, or development regulation or imposition of impact or
other fee is not a project permit. [See RCW 36.70B.020(4)].
2.15.01.023 Project Permit Application. A formal written request to the County for a project permit
on forms approved by the County.
2.15.01.024 Public Meeting. A meeting, hearing, workshop or other public gathering of people to
obtain comments from the public or other agencies on a proposed project permit prior to the County's
decision on the permit application. A public meeting may include a design review board meeting, a
neighborhood association meeting, or a scoping meeting on a draft environmental impact statement. A
public meeting is distinct from and does not include an open record hearing. [See RCW 36.70B.020(5)].
2.15.01.025 Revision of Application, Minor. A change or correction by an applicant of a proposed
project, either voluntarily or to conform with applicable standards and requirements, that does not
constitute a substantial change requiring reinitialization of the review process and period. (See section
2.15.03.003 G for operative criteria for Director to determine difference between minor and major.)
2.15.01.026 Revision of Application, Substantial. A change or correction by an applicant of a
proposed project, either initiated voluntarily by the applicant or to conform with applicable standards and
requirements, that in the opinion of the Director requires a new review process and period. (See section
2.15.03.003 G for operative criteria for Director to determine difference between minor and major.)
2.15.01.027 Interpretations of Terms. For the purposes of this Title, unless it is plainly evident from
the context that a different meaning is intended, certain words and terms shall be construed as their
common meaning. The word "shall" is always mandatory, while the word "should" is not mandatory, and
"may" is permissive.
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Regulatory Reform Ordinance
April 8, 1996
CHAPTER 2.15.02
TYPES OF PROJECT PERMIT APPLICATIONS
2.15.02.001
2.15.02.002
2.15.02.003
2.15.02.004
2.15.02.005
2.15.02.006
2.15.02.007
2.15.02.008
Procedures for Processing Development Permits
Determination of Proper Type of Procedure
Project Permit Application Framework
Joint Public Hearings
Legislative Decisions
Legislative Enactments Not Restricted
Annual Review and Docketing
Exemptions from Project Permit Application Processing
2.15.02.001 Procedures for Processing Development Permits. For the purpose of project permit
processing, all development permit applications shall be classified as one of the following: Type I, Type
II, Type III or Type IV Legislative decisions are Type V actions, and are addressed in 2.15.01.005.
Exclusions from the requirements of project permit application processing are contained in Section
2.15.01.008. [RCW 36.70B.120.]
2.15.02.002
A
B.
Determination of Proper Type of Procedure
Determination by Director. The Director ofthe Community Development Department
or his/her designee (hereinafter the "Director") shall determine the proper procedure for
all development applications. If there is a question as to the appropriate type of
procedure, the Director shall resolve it in favor of the higher procedure type number.
Optional Consolidated Permit Processing. An application that involves two or more
procedures may be processed collectively under the highest numbered procedure required
for any part of the application or processed individually under each of the procedures
identified by the code. The applicant may determine whether the application shall be
processed collectively or individually. If the application is processed under the individual
procedure option, the highest numbered type procedure must be processed prior to the
subsequent lower numbered procedure. [36.70B.060(3), RCW 36.70B.120.]
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Regulatory Reform Ordinance
April 8, 1996
C.
Decision-maker(s). Applications processed in accordance with subsection (B) of this
section which have the same highest numbered procedure but are assigned different
hearing bodies shall be heard collectively by the highest decision-maker(s). The Board of
Jefferson County Commissioners is the highest, followed by the Hearing Examiner,
Shorelines Commission or Planning Commission, as applicable, and then the Director.
J oint public hearings with other agencies shall be processed according to Section
2.15.02.004. [36.70B.060(3), RCW 36.70B.120.]
2.15.02.003
Project Permit Application Framework.
TYPE I
Administrative Without Notice of Application
TYPE II
Administrative With Notice of Application
TYPE III
Notice of Application and Public Hearing before Hearing Examiner
(Except for Shoreline Applications. See page 12)
TYPE IV
BOCC - Administrative Review
TYPE V
BOCC - Legislative Review
VOL
22 fAr,: 823
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Regulatory Reform Ordinance
AprilS, 1996
PERMIT OF
APPLICATION
TYPE I
TYPE II
TYPE III
TYPE IV
TYPE V
STAFF -
NO NOTICE
STAFF -
PUBLIC NOTICE
HEARING
EXAMINER
BOCC-
ADMINISTRATIVE
BOCC-
LEGISLATIVE
Exemptions Administrative Open Record Closed Record
Decision Appeal Appeal
Pennitted Uses not Administrative Open Record Closed Record
requiring notice of Decision Appeal Appeal
application
Administrative Administrative Open Record Closed Record
Interpretations Decision Appeal Appeal
Accessory Dwellings Unit
Administrative Decision
Open Record Closed Record
Appeal Appeal
Legislative
Action
Open Record Closed Record
Hearing Appeal
Open Record Closed Record
Appeal Appeal
Open Record Closed Record
Hearing Appeal
Open Record Closed Record
Hearing Appeal
Open Record Closed Record
Hearing Appeal
Legislative
Action
Area Wide Zoning Map
Changes
Conditional Uses
Home Occupations
Administrative Decision
Planned Unit
Developments
Special Use Pennits
Temporary Use Pennits
Text Amendments
10
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22 fAri 824
Regulatory Reform Ordinance
April 8, 1996
Administrative Open Record Closed Record
Decision Hearing and/or Appeal
Appeal
Open Public Closed Record
Hearing Appeal
Open Public Closed Record
Hearing Appeal
Recommend- Open Public
ation Hearing
PERMIT OF
APPLICATION
Subdivision Exemptions
Administrative Decision
Short Subdivisions (2-4
lots) NO SEPAREVIEW
Administrative
Decision
Short Subdivisions (2-4
lots) SEP A REVIEW
Administrative
Decision
Long Subdivision (5-14
lots) NO SEP A REVIEW
Administrative
Decision
Long Subdivision (5-14
lots) SEPAREVIEW
Administrative
Decision
Plat Alterations
Administrative
Decision
Long Subdivision(15+
lots)
Condominium
Subdivisions (2-4 units)
NO SEPAREVIEW
Administrative
Decision
Condominium
Subdivisions (5-14 units)
NO SEP A REVIEW
Condominium
Subdivisions (15+ units)
NO SEPAREVIEW
Commercial and/or
Industrial Parks - all sizes
Vacation of Plats
11
Open Record Closed Record
Appeal Appeal
Open Record Closed Record
Appeal Appeal
Open Record Closed Record
Appeal Appeal
Open Record Closed Record
Hearing and/or Appeal
Appeal
Open Record Closed Record
Hearing and/or Appeal
Appeal
Open Record Closed Record
Appeal Appeal
Open Public Closed Record
Hearing Appeal
Open Record Closed Record
Appeal Appeal
. VOL
22 rAG~ 825
Regulatory Reform Ordinance
April 8, 1996
PERMIT OF
APPLICATION
Mobile Home Parks less than Administrative Open Record Closed Record
4 lots) NO SEPAREVIEW Decision Appeal Appeal
Mobile Home Parks less than Administrative Open Record Closed Record
4 lots) SEPA REVIEW Decision Appeal Appeal
Mobile Home Parks (5-14 Administrative Open Record Closed Record
lots) NO SEPA REVIEW Decision Hearing and/or Appeal
Appeal
Mobile Home Parks (5- Administrative Open Record Closed Record
l410ts) SEPAREVIEW Decision Hearing and/or Appeal
Appeal
Mobile Home Parks (15+ Administrative Open Record Closed Record
lots) Decision Appeal Appeal
Recreational Vehic1e Open Public Closed Record
Parks Hearing Appeal
Camper Clubs Open Public
Hearing
PERMIT OF
APPLICATION TYPE I TYPE IT TYPE III TYPE N TYPE V
STAFF- STAFF - SHORELINE BOCC- BOCC-
NO NOTICE PUBLIC ADVISORY ADMINISTRATIVE LEGISIATIVE
NOTICE COMMISSION
Shoreline Exemptions
Administrative
Decision
Public Pre-decision Open Public Hearing Legislative Action
Hearing
Closed Record
Appeal
Administrative Appeal - Open Public * Appeals to State
Decision Hearing Shorelines Hearing Board
Public Pre-decision Open Public Hearing *Appeals to State
Hearing Shorelines Hearing Board
Public Pre-decision Open Public Hearing *Appeals to State
Hearing Shorelines Hearing Board
Shoreline Master Plan
Program- amendments
Primary Uses
Secondary Uses
Conditional Uses
12
VOL
22 ~,\u826
Regulatory Reform Ordinance
April 8, 1996
ACTION TYPE
TYPE I
STAFF - STAFF- HEARING BOCC- BOCC-
NO NOTICE PUBLIC EXAMINER ADMINISTRATIVE LEGISIATIVE
NOTICE
Various Various Community N/A Planning
Departments Departments Development Staff Commission
Director Director Hearing Examiner N/A Board of
or or County
Designee Designee Commissioners
(BOCC)
No Yes Yes No Yes
Only if appealed, Only if Yes, before No Yes, before
open record appealed, open Hearing Examiner PIng. Comm, to
hearing before record hearing to render final make
Hearing Examiner before Hearing decision recommend-
Examiner ation to BOCC
No No No Yes, before Board of Yes, or
Jefferson County BOCC could
Commissioners to hold its own
render final decision: hearing on the
of approval, deny, or CLOSED
remand to reopen RECORD
public hearing before
Hearing Examiner
Yes Yes Yes Yes Yes
2.15.02.004 Joint Public Hearings
A.
The Director's Decision to Hold Joint Hearing. The Director may combine any open
record public hearing on a project permit application with any hearing that may be held
by another local, state, regional, federal, or other agency, on the proposed action, as long
as: (1) the hearing is held within Jefferson County; and (2) the requirements of subsection
C below are met. [36.70B.II0(7).]
B.
Applicant's Request for a Joint Hearing. The applicant may request that the public
hearing on a permit application be combined as long as the joint hearing can be held within
the time periods set forth in this Title. In the alternative, the applicant may agree to a
particular schedule if that additional time is needed in order to complete the hearings.
[36.70B.IIO(7).]
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22 fAGÇ 827
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Regulatory Reform Ordinance
April 8, 1996
C.
2.15.02.005
Prerequisites to Joint Public Hearing. Ajoint public hearing may be held with another
local, state, regional, federal or other agency and Jefferson County, as long as:
1.
The other agency is not expressly prohibited by statute from doing so;
[36.70B.II0(8).]
2.
Sufficient notice of the hearing is given to meet each of the agencies' adopted
notice requirements as set forth in statute, ordinance, or rule;
3.
The agency has received the necessary information about the proposed project
from the applicant in enough time to hold its hearing at the same time as the local
government hearing; and
4.
The hearing is held within the geographic boundary of the local government.
Legislative Decisions.
A.
Decisions. The following decisions are legislative, and are not subject to the procedures
in this chapter, unless otherwise specified:
1.
2.
3.
4.
Zoning code text and zoning district amendments;
Adoption of development regulations, policies, and amendments;
Area-wide rezones to implement new Jefferson County policies; and,
Adoption of the Comprehensive Plan, Sub-Area Plans and any Plan amendments.
B.
Planning Commission. The Jefferson County Planning Commission shall hold a public
hearing and make recommendations to the Jefferson County Board of Commissioners on
the decisions listed in (A) above. The public hearing shall be held in accordance with the
requirements of Chapter 2.15.05.
c.
Jefferson County Board of County Commissioners. The Jefferson County Board of
County Commissioners may consider the Planning Commission's recommendation in a
public hearing held in accordance with the requirements of Chapter 2.15.06.
D
Public Notice. Notice of the public hearing or public meeting shall be provided to the
public as set forth in Chapter 2.15.04.003.
E.
Implementation. The Jefferson County Board of County Commissioners' decision shall
become effective by adoption by ordinance.
VOL
22 rM;Ç 828
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Regulatory Reform Ordinance
April 8, 1996
2.15.02.006 Legislative Enactments Not Restricted. Nothing in this chapter of the permit processing
procedures shall limit the authority of the Jefferson County Board of County Commissioners to make
changes to the Jefferson County's Comprehensive Plan, as part of an annual revision process, or to make
changes to Jefferson County's development regulations. [RCW 36.70B.020(4).]
2.15.02.007 Annual Review and Docketing. Jefferson County will develop a separate process to
consider the docketing and annual review of applications from (1) citizens, (2) other agencies, (3) County
departments, and (4) the Hearing Examiner prior to the adoption of the Comprehensive Plan under
Growth Management. The process will include an annual schedule for: (1) closing of revisions to the
Comprehensive Plan and development regulations, (2) review by the Planning Commission or Shorelines
Commission, (3) public participation, and (4) review by the Board of County Commissioners.
2.15.02.008
A.
B.
Exemptions from Project Permit Application Processing.
Whenever a permit or approval in the Jefferson County Code has been designated as a
Type I, n, In or IV pennit, the procedures in this Title shall be followed in project permit
processing. The following permits or approvals are, however, specifically excluded from
the procedures set forth in this Title:
1.
2.
3.
Landmark designations;
Street vacations;
Street use permits;
Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, septic
permits, other construction permits, or similar administrative approvals which are
categorically exempt trom environmental review under SEP A (chapter 43.21 C RCW) and
the Title 16.05 of the Jefferson County Code (SEPA), or permits/approvals for which
environmental review has been completed in connection with other project permits, are
excluded trom the following procedures:
1.
2.
3.
Determination of completeness (2.15.03.003(A»);
Notice of application (2.15.03.005);
Exempt as provided in RCW 36.70B.140, optional consolidated project permit
review processing (2.15.02.008)(B);
Joint public hearings (2.15.02.004);
Single report stating all the decisions and recommendations made as of the date of
the report do not require an open record hearing (2.15.06.002)(C);
Notice of decision (2.15.06.008);
4.
5.
6.
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22 r~[,.829
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Regulatory Reform Ordinance
April 8, 1996
CHAPTER 2.15.03
TYPE I-IV PROJECT PERMIT APPLICATIONS
2.15.03.001
2.15.03.002
2.15.03.003
2.15.03.004
2.15.03.005
2.15.03.006
Pre-Application Conference.
Development Permit Application.
Submission and Acceptance of Application.
Vesting of Applications
Notice of Application.
Referral and Review of Development Permit Applications.
2.15.03.001
A.
B.
D.
E.
Pre-Application Conference.
Applications for project permit Type I actions which are categorically exempt from a
environmental threshold determination, Type II, Type III and Type IV actions shall not be
accepted by the Director unless the applicant has scheduled and attended a pre-application
conference. The purpose of the pre-application conference is to acquaint the applicant
with the requirements ofthe Jefferson County Code.
The Pre-application shall include:
I. A completed pre-application form,
2. Two alternative conceptional maps (scale of either 1: 100 or 1:200),
3. Applicable fees, and,
4. Critical Areas Checklist.
c.
The conference shall be held within twenty-one (21) days of the request.
If not available at the time of the conference, the Permit Center will within five (5)
working days of the conference provide the following:
1.
2.
3.
A form which lists the requirements for a completed application;
A general summary of the procedures to be used to process the application;
The references to the relevant code provisions or development standards which
may apply to the approval of the application; and,
A summary of the pre-application conference.
4.
Types of Pre-application Conferences:
1.
Informal - shall be held where information concerning the permit application is
obtained by the applicant from Permit Center. Informal conferences are not
recorded.
VOL
22 rAG~83a
16
Regulatory Reform Ordinance
F.
G.
2.
H
April 8, 1996
Formal - held in the cases of all substantial development permits, short plat,
subdivision, rezone, comprehensive plan amendments, planned unit developments,
conditional use permit, and special permit requests where a formal meeting is held
with the applicant and the meeting is recorded.
3.
A pre-application conference does not vest the applicant in the land use or
environment process. (See Vesting of Applications: Section 2.15.03.004) If the
applicant does not submit a formal application within 180 days of the pre-
application conference, the pre-application review shall become null and void and
a new pre-application conference must be held before the formal application could
be submitted.
It is impossible for the conference to be an exhaustive review of all potential issues. The
discussions at the conference or the form sent by Jefferson County to the applicant under
2.15.03.001(D) above shall not bind nor prohibit Jefferson County's future application or
enforcement of all applicable laws.
At the pre-application conference the Application Review Committee will furnish to the
developer comments on how the proposed development conforms to County policies and
regulations, and the Committee's requirements for development approval. The
Application Review Committee's comments shall be directly proportional to the
information provided by the applicant. The Committee shall have the right to change its
development requirements if changes are necessitated by:
1.
Changes to the plans and information provided by the application at the pre-
application conference; or
2.
New policies or regulations adopted by the Board of County Commissioners
subsequent to the preapplication conference or formal application.
Pre-application conferences may be waived by the Director.
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:
A.
B.
C.
Pre-application approval;
A completed project permit application form;
A completed Critical Area Checklist;
,VOL
22 -rAt- 831
17
Regulatory Reform Ordinance
April 8, 1996
D.
E.
F.
A completed Environmental Checklist;
A proposed preliminary site design at an engineering scale of I: 100 or 1 :200 or approved
by the Development Review Division of the Community Development Department; (an
alternative site design, if an alternative design is suggested by the Comprehensive Plan or
Sub-Area as a preferred policy design alternative);
A list of adjacent property owners within 300 feet of the subject property;
G.
A verified statement in the form of a plat certificate from a title company including the
property and/or legal description of the site for all applications, as required by the
applicable development regulations; that the property included in the application is in the
exclusive ownership of the applicant, or that the applicant has submitted the application
with the consent of all owners of the affected property as shown on the plat certificate;
H.
A landscaping plan;
I.
Soil logs and plot plan showing soil log locations prepared by a licensed septic system
designer; or evidence of sewer availability;
1.
Appropriate variance applications, if requesting variations from development regulation
standards;
K.
The applicable fee;
L.
Evidence of adequate water supply as required by RCW 19.27.097; (Certificate of Water
Supply Utility Service signed by appropriate utility); and,
M.
A copy of any proposed restrictions and covenants.
18
~VOL
22 tAG: 832
Regulatory Reform Ordinance
AprilS, 1996
A C H P R S T B C L S S C M R E C P S
C 0 0 U E P E I 0 0 H U A 0 V X 0 R E
C N M D Z E M N M N 0 B M B E N I C
E D E 0 C P D M G R D P I P M D M 0
S I N I 0 I E T I E L A P I A N
S T 0 E A R N R P V R E R T T R D
APPLICATION 0 I C L A G C L P I K I I Y A
R 0 C R I A L S C H 0 0 R
RE Q DIRE ME NT S y N U U Y S A T A I L 0 N N U Y
A P S I L T 0 U M S A S
D L A E U T N B E L E U
W T S S E S S
E U I E U E P U E
. L S 0 S P B X A S
Req uired L E N L D E R E
I S S A I M K
N N V P
X Sometimes Required G I T
S S I
(You will be notified at the I 0
pre- application conference) 0 N
N
S
Pre-Applications - Informal 'ililililililil ¡Iililililil¡!: X X X X
Formal
Completed Application Form
Critical Area Checklist
Environmental Checklist
Preliminary Plans (1 inch to 100 feet or
1 inch to 200 feet)
Adjacent Property Owners (300 feet)
Plat Certificate
Landscape Plan X X ililillllllllill X X X X X X
Soil Logs & Plot Plan X 1111111111111111' X IIIIIIIIIIIIIII:!IIIIIIIIIIIIIII 1llllililllllllllllililillll!1111 1IIIIIIIIIilili 1IIIIilililillllillililililili
Variances (as part of another application) X X X X X X X X X X X X X X
Applicable Fees IIIIIIIIIIIIIII illlllllll!!I!lilllllllllllll¡1 iiiiiil¡lilllililil¡I¡lilillll¡
Evidence of Adequate Water Supply ¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡ IIIIII!!!IIIIII!!!IIII!!!!!!IIII IIIII!!!IIIIIII
X ,:,:,:,:,:,:,:,: X X X
,¡,¡,¡,¡,¡,¡,¡,¡
Proposed Restrictions & Covenants X X X X X X X X X X X X X
NOTE: ADDITIONAL INFORMATION MAY BE REQUIRED UPON FURlliER REVIEW OF APPLICATION.
19 VOL 22 r~.U 833
Regulatory Reform Ordinance
April 8, 1996
2.15.03.003
D.
Submission and Acceptance of Application.
A.
Determination of Completeness. Within twenty-eight (28) days after receiving a
project permit application, the application shall be reviewed for completeness by the
Application Review Committee composed of the Department of Public Works, the
Environmental Health Department, and the Development Review Division of the
Community Development Department. The County shall mail or personally provide
a written determination to the applicant which states either: (I) that the application
is complete and contains the information specified by 2.15.03.002; or (2) that the
application is incomplete and what is necessary to make the application complete.
[RCW36.70B.070.]
B.
Identification of Other Agencies with Jurisdiction. To the extent known by
Jefferson County, other agencies with jurisdiction over the project permit application
shall be identified in Jefferson County's determination required by 2.15.03.002 and
2.15.02.004(A) above. [RCW 36.70B.070.]
c.
Incomplete Application Procedure.
1.
If the applicant receives a determination from Jefferson County that an
application is not complete, the applicant shall have up to ninety (90) days to
submit the necessary information to Jefferson County. Within fourteen (14)
days after an applicant has submitted the requested additional information,
Jefferson County shall make the determination as described in 2.15.03.003(A)
above, and notify the applicant in the same manner.
2.
If the applicant either refuses in writing to submit additional information or
does not submit the required information within the 90 day period, the
application shall be null and void.
3.
In those situations where the application is null and void, the applicant may
request a partial refund of the application fee unrelated to Jefferson County's
determination of completeness.
"Complete" Application / Additional Information. A project application is
complete for purposes of this section when it meets the submission requirements in
Section 2.15.03.002 above, as well as the submission requirements contained in the
applicable development regulations. This determination of completeness shall be
made when the application is sufficient for continued processing even though
additional information may be required or project modifications may be undertaken
subsequently. Jefferson County's determination of completeness shall not preclude
Jefferson County ftom requesting additional information or studies either at the time
of the notice of completeness or at some later time, if new information is required or
where there are substantial changes in the proposed action. [RCW 36.70.090(1).]
20
22 rAc~834
'.VOI.
Regulatory Reform Ordinance
2.15.03.004
A.
April 8, 1996
1.
After the applicant has received a determination of completeness and Jefferson
County requests additional information, the applicant shall have up to 90 days
to submit the necessary information to Jefferson County.
2.
If the applicant either refuses in writing or does not submit the required
information within the 90 day period, the application shall be null and void.
3.
Extension of Review: The applicant can request in writing to delay the
processing of the pending application for a personal or business reason to be
approved by the Director. These requested delays shall not total more than
200 days and shall not be included in the 120 day permit processing time.
4.
All applications shall be processed within 365 days of the date of
determination of completeness including all delays requested by the applicant
exclusive of the requirement of preparation of an Environmental Impact
Statement.
E.
Jefferson County's Failure to Provide Determination of Completeness. A project
permit application shall be deemed complete under this section if Jefferson County
does not provide a written determination to the applicant that the application is
incomplete as provided in 2.15.03.003(A) above. [36.70B.070(4)(a).]
F.
Date of Acceptance of Application. When the project permit application is
complete, the Director shall accept it and note the date of acceptance.
G.
Criteria to Determine Difference Between Minor and Substantial Revisions to
a Complete Application. The Director shall consider the following criteria to
determine the difference between Minor and Substantial Revisions to a Completed
Application:
1.
A change in the proposed land use,
2.
A substantially greater floor area or number of residential units,
3.
A substantial relocation of uses or structures,
4.
A change that would probably result in significantly different impacts to the
environment, upon public services or facilities, or to neighboring properties
or land uses.
Vesting of Applications.
General Vesting Rule. Except as stated below, any project permit application shall
be considered under the laws, ordinances, regulations, standards, and fees in effect at
the time that the particular complete application is received by Jefferson County.
21
2 2 r~(,~ 835
.VOl
Regulatory Reform Ordinance
2.15.03.005
A.
B.
c.
April 8, 1996
B.
Consolidated Applications. An applicant may submit complete construction permit
applications (building and/or engineering) simultaneously with or during the period
of review of a required land use approval application. When an applicant elects to
submit a land use approval application together with construction applications, such
applications shall be reviewed and processed as one application and subject to all
notices, review and appeals as if one consolidated and integrated application.
c.
Separate Applications. When a complete building permit application is not
consolidated with a land use approval application, each application for land use
approval and for subsequent construction permits shall be reviewed subject to the
relevant laws, ordinances, regulations, standards, and fees in effect on the date of
receipt of each separate and specific complete application.
D.
Full Vesting. Only when a complete building permit application for a structure to be
used in a manner permitted under the land use regulations in effect on the date of
such application is submitted will the applicant be entitled to improve and use land
under the ordinances of the County in effect on the date of the complete building
application. Where a change in the occupancy is proposed, such building permit
application shall not be deemed complete unless preceded or accompanied by a
complete land use approval application.
Notice of Application.
Generally. A Notice of Application shall be issued on all Type II, Type III and IV
project permit applications. [RCW 36.70B.IIO.]
SEP A Exempt Projects. A notice of application shall not be required for project
permits that are categorically exempt under SEP A, unless a public comment period
or an open record hearing is required. [36.70B.140(2).]
Contents. The notice of application shall include:
1.
The date of application, the date of the notice of completion for the
application and the date of the notice of application;
2.
A description of the proposed project action and a list of the project permits
included in the application and, if applicable, a list of any studies requested
under RCW 36.70B.070;
3.
The identification of other permits not included in the application, to the
extent known by Jefferson County;
4.
The identification of existing environmental documents that evaluate the
proposed project, and, if not otherwise stated on the document providing
notice of application, the location where the application and any studies can
be reviewed;
22
22 fM,ç835
, voL
Regulatory Reform Ordinance
2.15.03.006
April 8, 1996
5.
A statement of the limits of the public comment period, which shall be not
less than fourteen (14) nor more than thirty (30) days following the date of
notice of application, and statements of the right of any person to comment
on the application, receive notice of and participate in any hearings, request
a copy of the decision once made, and any appeal rights;
6.
The date, time, place and type of hearing, if applicable, and scheduled at the
date of notice of the application;
7.
A statement of the preliminary determination of consistency, if one has been
made at the time of notice, and of those development regulations that will be
used for project mitigation and of consistency as provided in Chapter 2.15.05;
8.
Any other information determined appropriate by Jefferson County, such as
Jefferson County's threshold determination, if complete at the time of issuance
of the notice of application. [36. 70B .11 0.]
D.
Time Frame for Issuance of Notice of Application.
1.
Within fourteen (14) days after Jefferson County has made a determination of
completeness of a project permit application, Jefferson County shall issue a
notice of application.
2.
If any open record pre-decision hearing is required for the requested project
permit(s), the notice of application shall be provided at least fifteen (15) days
prior to the open record hearing. [36.70RIIO.]
E.
Public Comment on the Notice of Application. All public comments received on
the Notice of Application must be received in the Jefferson County Permit Center by
4:30 p.m. on the last day of the comment period. Comments may be mailed,
personally delivered or sent by facsimile. Comments should be as specific as possible.
If the last day of the comment period falls on a weekend or a holiday the comment
period shall be extended to 4:30 p.m. on the next working day.
F.
Except for a determination of significance, Jefferson County may not issue its
threshold determination or issue a decision or recommendation on a project permit
until the expiration of the public comment period on the notice of application.
[36.70RllO.]
Referral and Review of Development Permit Applications. Within five (5) days
of accepting a complete application, the Director shall do the following:
A.
Transmit a copy of the application, or appropriate parts of the application, to each
affected agency and Jefferson County department for review and comment, including
those responsible for determining compliance with state and federal requirements.
The affected agencies and Jefferson County departments shall have fifteen (15) days
23
22 rAG~ 837
~voL
Regulatory Reform Ordinance
AprilS, 1996
to comment. The referral agency or Jefferson County department is presumed to have
no comments if comments are not received within the specified time period. The
Director shall grant an extension of time for comment only if the application involves
unusual circumstances. Any extension shall only be for a maximum of three (3)
additional days. [36.70B.070.]
B.
If a Type III procedure is required, notice and hearing shall be provided as set forth
in Chapter 2.15.04.
CHAPTER 2.15.04
PUBLIC NOTICE
2.15.04.001
2.15.04.002
2.15.04.003
Required Public Notice of Application.
Optional Public Notice.
Notice of Public Hearing.
2.15.04.001
Required Public Notice of Application.
A.
In addition to the Notice of Application for Type III project permits as described in
Section 2.15.04.003, public notice of a project permit application, except for Type I
permits, shall be made by posting the property and by publication in Jefferson
County's official newspaper. [RCW 36.70B.IIO(4).]
1.
Posting. Posting of the property for site specific proposals is the
responsibility of the applicant and/or his representative. Posting shall consist
of the placement of one or more notice boards along with the appropriate
notices posted on the specific proposal within five (5) days of the
determination of completeness.
a.
Notice boards shall be placed by the applicant on or near the site in a
conspicuous location; and,
b.
Additional notice boards may be required when:
(1)
(2)
The site does not abut a public road;
A large site abuts more than one public road; or
(3)
The Director determines that additional notice boards are
necessary to provide adequate public notice.
24
VOL
22 rAc~838
Regulatory Reform Ordinance
2.
3.
AprilS, 1996
c.
Notice boards shall be:
(1)
Maintained in good condition by the applicant during the
notice period;
(2)
In place at least fifteen (15) days prior to the date of hearing,
or at least 15 days prior to the end of any required comment
period;
(3)
Removed within fifteen (15) days after the end of the notice
period.
d.
Removal of the boards and/or public notices before the end of the
notice period may be cause for discontinuance of the Department
review until the notice board is replaced and remains in place for the
specified time period. Removal of the notice board shall stop the 120
day permit processing time based upon the day the notice was
observed to be missing by the Department.
e.
An affidavit of posting shall be submitted to the Director by the
applicant or authorized representative within three (3) days of posting.
If the affidavits are not filed as required, any scheduled hearing or date
by which the public may comment on the application, will be
postponed in order to allow compliance with this notice requirement.
Failure to provide the affidavits shall suspend the 120 day permit
processing time based upon the day the affidavits are finally provided.
Published Notice. Published notice shall include at least the project location,
description, type of permit( s) required, comment period dates, and location
where the complete application may be reviewed, published in Jefferson
County's official newspaper of general circulation in the general area where
the proposal is located.
Shoreline Master Program Permits.
a.
Methods of Providing SMP Notice. Notice of the application ofa
permit under the purview of the Jefferson County's Shoreline Master
Program (S:MP) shall be given by at least one of the following
methods:
(1)
Posting of the notice in a conspicuous manner on the property
upon which the project is to be constructed; or
25
VOl.
22 rM¡~ 839
Regulatory Reform Ordinance
b.
AprilS, 1996
(2)
Publishing of public notice in Jefferson County's official
newspaper of general circulation in the general area where the
proposal is located and any other manner deemed appropriate
by Jefferson County to accomplish the objectives of
reasonable notice to adjacent landowners and the public.
[RCW 90.58.140.]
Content of SMP Notice. The notices shall include:
(I)
(2)
(3)
A statement that any person desiring to submit written
comments concerning an application, or desiring to receive
notification of the final decision concerning an application as
expeditiously as possible after issuance of the decision, may
submit the comments or requests for decisions to Jefferson
County within 30 days of the last date the notice is to be
published pursuant to this subsection. Jefferson County shall
forward, in a timely manner following issuance of the
decision, a copy of the decision to each person who submits
a request for the decision.
Notice of the hearing shall include a statement that any person
may submit oral or written comments on an application at the
hearing.
The public comment period shall be twenty days. The notice
shall state the manner in which the public may obtain a copy
of Jefferson County's decision on the application no later than
2 days following its issuance. [RCW 90.58.140.]
2.15.04.002 Optional Public Notice. As optional methods of providing public notice of any
project permits, Jefferson County may:
A.
Notify the public or private groups with known interest in a certain proposal
or in the type of proposal being considered;
B.
Notify the news media;
c.
Place notices in appropriate regional or neighborhood newspapers or trade
journals;
D.
Publish notice in agency newsletters or send notice to agency mailing lists,
either general lists or lists for specific proposals or subject areas; and
E.
Mail to neighboring property owners.
26
22 rACÇ 840
~O\.
Regulatory Reform Ordinance
AprilS, 1996
Jefferson County's failure to provide the optional notice as described in this subsection shall not be
grounds for invalidation of any permit decision. [RCW 36.70B.II0(4).]
2.15.04.003
A.
B.
Notice of Public Hearing.
Content of Notice of Public Hearing for all Types of Applications. The notice
given of a public hearing required in this chapter shall contain:
1.
The name and address of the applicant or the applicant's representative;
2.
Description of the affected property, which may be in the form of either a
vicinity location or written description, other than a legal description;
3.
The date, time and place of the hearing;
4.
A description of the subject property reasonably sufficient to inform the public
of its location, including but not limited to the use of a map or postal address
and a subdivision lot and block designation.
5.
The nature of the proposed use or development;
6.
A statement that all interested persons may appear and provide testimony;
7.
The sections of the code that are pertinent to the hearing procedure;
8.
When information may be examined, and when and how written comments
addressing findings required for a decision by the hearing body may be
admitted;
9.
The name of a local government representative to contact and the telephone
number where additional information may be obtained;
10.
That a copy of the application, all documents and evidence relied upon by the
applicant, and applicable criteria are available for inspection in the Permit
Center;
11.
That a copy of the staff report will be available for inspection at no cost at
least seven days prior to the hearing and copies will be provided for a fee;
Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
1.
Type I, Type ll, and Type IV Actions. No mailed public notice is required
because no public hearing is held, except on an appeal of a Type I or Type II
action.
27
22 rAc~841
VOL
Regulatory Reform Ordinance
April 8, 1996
2.
Type ill Actions. The notice of a public hearing and environmental notice
if applicable shall be mailed to:
a.
the applicant or his designated representative;
b.
all owners of property within 300 feet of the subject property;
c.
any person who submits written or oral comments on an application.
(See additional requirements in Section 2.15.04.001(3) above for SMP applications.)
3.
Type TII Preliminary Plat Actions. In addition to the notice for Type III
actions above for preliminary plats and proposed subdivisions, additional
notice shall be provided as follows:
a.
Notice of the filing of a preliminary plat adjacent to or within one mile
ofthe municipal boundaries of a city or town or which contemplates
the use of any city or town utilities shall be given to the appropriate
city or town authorities.
b.
Notice of the filing of a preliminary plat of a proposed subdivision
located in a city or town and adjoining the municipal boundaries
thereof shall be given to the appropriate Jefferson County officials.
c.
Notice of the filing of a preliminary plat of a proposed subdivision
located adjacent to the right-of-way of a state highway or within two
miles of the boundary of a state or municipal airport shall be given to
the Secretary of Transportation, who must respond within 15 days of
such notice.
d.
Special notice of the hearing shall be given to adjacent landowners by
any other reasonable method Jefferson County deems necessary.
Adjacent landowners are the owners of real property, as shown by the
records of the Jefferson County Assessor, located within 300 feet of
any portion of the boundary of the proposed subdivision. If the owner
of the real property which is proposed to be subdivided owns another
parcel or parcels of real property which lie adjacent to the real
property proposed to be subdivided, notice required by section RCW
58. 17. 090( I )(b) shall be given to owners of real property located
within 300 feet of any portion of the boundaries of such adjacently
located parcels of real property owned by the owner of the real
property proposed to be subdivided. [RCW 58.17.]
28
VOL
22 rMJ,842
Regulatory Reform Ordinance
4,
C.
D.
AprilS, 1996
Type V Actions. For Type V Legislative actions, Jefferson County shall
publish notice as described in Section 2. 15,04.003(C)(2) below, and provide
any other notice required by RCW 35A.12.160.
5.
General Procedure for Mailed Notice of Public Hearing.
a.
The applicant or designated representative shall provide an adjacent
property owner list through a title company. The list must be current
and prepared within 90 days of the public hearing. The Director shall
issue a sworn certificate of mailing to all persons entitled to notice
under this chapter. The Director may provide notice to other persons
than those required to receive notice under the code.
b.
All public notices shall be deemed to have been provided or received
on the date the notice is deposited in the mail or personally delivered,
whichever occurs first.
Procedure for Posted or Published Notice of Public Hearing.
1.
Posted notice of the public hearing is required for all Type III and IV project
permit applications. The posted notice shall be posted as required by Section
2.15.04.001.(A)(I).
2.
Published notice is required for all Type III, IV and V procedures. The
published notice shall be published in Jefferson County's official newspaper.
Time and Cost of Notice of Public Hearing.
1.
Notice shall be mailed, posted and first published not less than ten (10) nor
more than thirty (30) days prior to the hearing date. Any posted notice shall
be removed by the applicant within fifteen (15) days following the public
hearing.
2.
All costs associated with the public notice shall be borne by the applicant.
29
22 rAf,~ 843
'tOl
Regulatory Reform Ordinance
April 8, 1996
CHAPTER 2.15.05
CONSISTENCY WITH DEVELOPMENT REGULATIONS
AND SEP A
2.15.05.001
2.15.05.002
2.15.05.003
Determination of Consistency
Initial SEP A Analysis
Categorically Exempt and Planned Actions
2.15.05.001
A.
B.
2.15.05.002
A.
Determination of Consistency.
Purpose. When Jefferson County receives a project permit application, consistency
between the proposed project and the applicable regulations and Comprehensive Plan
should be determined through the process in this chapter and the Jefferson County's
adopted SEPA ordinance Chapter 16.05 JCC.
Consistency. During project permit application review, Jefferson County shall
determine whether the items listed in this subsection are defined in the development
regulations applicable to the proposed project. In the absence of applicable
development regulations, Jefferson County shall determine whether the items listed
in this subsection are defined in Jefferson County's adopted Comprehensive Plan.
This determination of consistency shall include the following:
1.
The type ofland use permitted at the site, including uses that may be allowed
under certain circumstances, if the criteria for their approval have been
satisfied;
2.
The level of development, such as units per acre, density of residential
development in Urban Growth Areas, or other measures of density; and
3.
Availability and adequacy of infrastructure and public facilities identified in the
Comprehensive Plan, if the plan or development regulations provide for
funding of these facilities as required by chapter 36.70A RCW; and
4.
Character of the development, such as development standards.
36.70B.030,36.70B.040]
[RCW
Initial SEP A Analysis.
Jefferson County shall also review the project permit application under the
requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW,
the SEPA Rules, Chapter 197-11 WAC, and the Jefferson County Environmental
Policy Ordinance, Chapter 16.05 of the Jefferson County Code, and shall:
30
VOL
22 rAc-844
Regulatory Reform Ordinance
April 8, 1996
1.
Determine whether the applicable regulations require studies that adequately
analyze all of the project permit application's specific probable adverse
environmental impacts;
2.
Determine if the applicable regulations require measures that adequately
address such environmental impacts;
3.
Determine whether additional studies are required and/or whether the project
permit application should be conditioned with additional mitigation measures;
4.
Provide prompt and coordinated review by government agencies and the
public on compliance with applicable environmental laws and plans, including
mitigation for specific project impacts that have not been considered and
addressed at the plan or development regulation level.
B.
In its review of a project permit application, Jefferson County may determine that the
requirements for environmental analysis, protection and mitigation measures in the
applicable development regulations, Comprehensive Plan and/or in other applicable
local, state or federal laws provide adequate analysis of and mitigation for the specific
adverse environmental impacts of the application.
c.
A Comprehensive Plan, development regulation or other applicable local, state or
federal law provides adequate analysis of and mitigation for the specific adverse
environmental impacts of an application when:
1.
The impacts have been avoided or otherwise mitigated; or
2.
Jefferson County will designate as acceptable certain levels of service, land
use designations, development standards or other land use planning required
by Chapter 36. 70A RCW.
E.
In its decision whether a specific adverse environmental impact has been addressed
by an existing rule or law of another agency with jurisdiction with environmental
expertise with regard to a specific environmental impact, Jefferson County shall
consult orally or in writing with that agency and may expressly defer to that agency.
In making this deferral, Jefferson County shall base or condition its project approval
on compliance with these other existing rules or laws.
F.
Nothing in this section limits the authority of Jefferson County in its review or
mitigation of a project to adopt or otherwise rely on environmental analyses and
requirements under other laws, as provided by Chapter 43.21C RCW.
G.
Jefferson County shall also review the application under chapter 16.05, the Jefferson
County Environmental Policy Ordinance. [RCW 43.21C.240.]
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2.15.05.003
A
B.
Categorically Exempt and Planned Actions.
Categorically Exempt. Actions categorically exempt under Chapter
43.21c.llO(1)(a) RCW do not require environmental review or the preparation of an
environmental impact statement. An action that is categorically exempt under the
rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be
conditioned or denied under SEPA [RCW 43.21c.031.]
Planned Actions.
1.
A Planned Action does not require a threshold determination or the
preparation of an environmental impact statement under SEP A, but is subject
to environmental review and mitigation under SEP A
2.
A Planned Action means one or more types of project action that:
a.
Have had the significant impacts adequately addressed in an
environmental impact statement prepared in conjunction with:
(I)
A Comprehensive Plan or Subarea Plan adopted under
Chapter 36.70A RCW, or
(2)
A fully contained community, a master planned resort, a
master planned development or a phased project;
b.
Are subsequent or implementing projects for the proposals listed in
2( a.) of this subsection;
c.
Are located within an Urban Growth Area, as defined in RCW
36.70A030.;
d.
Are not essential public facilities, as defined in RCW 36.70A200; and
e.
Are consistent with the Jefferson County's Comprehensive Plan
adopted under chapter 36.70ARCW. [RCW 43.21c.031.]
C.
Limitations on Planned Actions. Jefferson County shall limit Planned Actions to
certain types of development or to specific geographical areas that are less extensive
than the jurisdictional boundaries of Jefferson County, and may limit a Planned Action
to a time period identified in the environmental impact statement or in the ordinance
or resolution designating the Planned Action under RCW 36.70A040. [RCW
43.21c.031.]
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Regulatory Reform Ordinance
AprilS, 1996
D.
Limitations on SEPA Review.. During project review, Jefferson County shall not
reexamine alternatives or hear appeals on the terms identified in 2.15.05.001(B),
except for issues of code interpretation. Alternatives proposed by the applicant shall
begin the procedural clock again. Project review shall be used to identify specific
proj ect design and conditions relating to the character of development, such as the
details of site plans, curb cuts, drainage swales, the payment of impact fees, or other
measures to mitigate a proposal's probable adverse environmental impacts and not
propose additional alternatives. [36.70R030(3).]
CHAPTER 2.15.06
OPEN RECORD PUBLIC HEARINGS
2.15.06.001
2.15.06.002
2,15.06.003
2.15.06.004
2.15.06.005
2.15.06,006
2.15.06.007
2.15.06.008
2.15.06,009
General
Responsibility of Director for Hearing
Conflict of Interest
Ex Parte Communications
Disqualification
Burden of Proof
Order of Proceedings
Findings and Notice of Decision
Record of Proceedings
2.15.06.001 General. Public hearings on all Type II, III and V project permit applications shall be
conducted in accordance with this Chapter. [RCW 36.70R020(3).]
2.15.06.002 Responsibility of Director for Hearing. The Director shall:
A.
Schedule an application for review and public hearing.
R
Insure that proper notice is provided.
C.
Prepare the staff report on the application, which shall be a single report stating all of
the decisions made as of the date of the report, including recommendations on project
permits in the consolidated permit process that do not require an open record pre-
decision hearing. The report shall state any mitigation required or proposed under the
development regulations or the Jefferson County's authority under SEP A. If the
threshold detennination other than a detennination of significance has not been issued
previously by Jefferson County, the report shall include or append this determination.
In the case of a Type I or II project permit application, this report may be the permit.
33
22 rAL~847
'JOL
Regulatory Reform Ordinance
AprilS, 1996
D.
Prepare the Notice of Decision, if required by the Hearing Body, and mail a copy of
the Notice of Decision to those required by this code to receive such decision.
2.15.06.003 Conflict of Interest. The Hearing Body shall be subject to the code of ethics (RCW
35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), open
public meetings (Chapter 42.30 RCW), and appearance offairness (Chapter 42.36 RCW) as the same
now exist or may hereafter be amended.
2.15.06.004
B.
Ex Parte Communications.
A.
No member of the Hearing Body may communicate, directly or indirectly, regarding
any issue in a proceeding before him or her, other than to participate in
communications necessary to procedural aspects of maintaining an orderly process,
unless he or she provides notice and opportunity for all parties to participate;
EXCEPT as provided in this section;
1.
The Hearing Body may receive advice from legal counsel;
2.
The Hearing Body may communicate with staff members (except where the
proceeding relates to a code enforcement investigation or prosecution).
If, before serving as the Hearing Body in a quasi-judicial proceeding, any member of
the Hearing Body receives an ex parte communication of a type that could not
properly be received while serving, the member of the hearing body, promptly after
starting to serve, shall disclose the communication as described in 2. 15.06.004(C).
below.
C.
If the Hearing Body receives an ex parte communication in violation of this section,
he or she shall place on the record:
1.
All written communications received;
2.
All written responses to communications;
3.
State the substance of all oral communications received and all responses
made;
4.
The identity of each person from whom the hearing body received any ex
parte communication.
The Hearing Body shall advise all parties that these matters have been placed on the record.
Upon request made within ten days after notice of the ex parte communication, any party
desiring to rebut the communication shall be allowed to place a rebuttal statement on the
record.
34
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Regulatory Reform Ordinance
April 8, 1996
2.15.06.005 Disqualification.
A.
A member of the Hearing Body who is disqualified shall be counted for purposes of
forming a quorum. Any member who is disqualified may do so only by making full
disclosure to the audience, abstaining from voting on the proposal, vacating the seat
on the Hearing Body and physically leaving the hearing.
B.
If all members of the Hearing Body are disqualified, all members present after stating
their reasons for disqualification shall be requalified and shall proceed to resolve the
Issues.
c.
Except for Type V actions, a member absent during the presentation of evidence in
a hearing may not participate in the deliberations or decision unless the member has
reviewed the evidence received.
2.15.06.006 Burden of Proof. Except for Type V actions, the burden of proof is on the proponent.
The project permit application must be supported by proof that it conforms to the applicable elements
of Jefferson County's development regulations, Comprehensive Plan and that any significant adverse
environmental impacts have been adequately addressed.
2.15.06.007 Order of Proceedings.
A.
The order of proceedings for a hearing will depend in part on the nature of the
hearing. The following shall be supplemented by administrative procedures as
appropriate.
1.
Before receiving information on the issue, the following shall be determined:
a.
Any objections on jurisdictional grounds shall be noted on the record
and if there is objection, the Hearing Body has the discretion to
proceed or terminate.
b.
Any abstentions or disqualifications shall be determined.
2.
The presiding officer may take official notice of known information related to
the issue, such as:
a.
A provision of any ordinance, resolution, rule, officially adopted
development standard or state law;
b.
Other public records and facts judicially noticeable by law.
3.
Matters officially noticed need not be established by evidence and may be
considered by the Hearing Body in its determination. Parties requesting
35
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VOL
Regulatory Reform Ordinance
April 8, 1996
2.15.06.008
B.
D.
notice shall do so on the record. However, the Hearing Body may take notice
of matters listed in subsection (2) of this section if stated for the record. Any
matter given official notice may be rebutted.
4.
The Hearing Body may view the area in dispute with or without notification
to the parties, but shall place the time, manner and circumstances of such view
on the record.
5.
Information shall be received from the staff and from proponents and
opponents. The presiding officer may approve or deny a request fTom a
person attending the hearing to ask a question. Unless the presiding officer
specifies otherwise, if the request to ask a question is approved, the presiding
officer will direct the question to the person submitting testimony.
6.
When the presiding officer has closed the public hearing portion of the
hearing, the Hearing Body shall openly discuss the issue and may further
question a person submitting information or the staff if opportunity for
rebuttal is provided.
Findings and Notice of Decision.
A.
Following the hearing procedure described in Section 2.15.06.007, the Hearing Body
shall approve, conditionally approve, or deny the application. If the hearing is an
appeal, the hearing body shall affirm, reverse or remand the decision that is on appeal.
The Hearing Body's written decision shall be issued within ten (10) working days after
the hearing on the project permit application. The final decision shall be the decision
of the Hearing Body in the case of all Type II, Type III, and Type IV Applications.
The Notice of Final Decision shall be issued within one hundred twenty (120) days
after Jefferson County notifies the applicant that the application is complete. The time
fTames set forth in this Section and Section 2.15.06.009 shall apply to project permit
applications filed on or after April 8, 1996.
C.
Jefferson County shall provide a Notice of Decision that also includes a statement of
any threshold determination made under SEP A (Chapter 43.21 C RCW) and the
procedures for administrative appeal, if any. For Type II, III and IV project permits,
the Notice of Decision on the issued permit shall contain the requirements set forth
in Section 2.15.05.002(A).
The Notice of Decision shall be provided to the applicant and to any person who,
prior to the rendering of the decision, requested notice of the decision or submitted
substantive comments on the application.
36
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VOL
Regulatory Reform Ordinance
April 8, 1996
E.
The Notice of Decision shall be provided to the public as set forth in Section
2.15.04.003.
If Jefferson County is unable to issue its final decision on a project permit application
within the time limits provided for in this section, it shall provide written notice of this
fact to the project applicant. The notice shall include a statement of reasons why the
time limits have not been met and an estimated date for issuance of the Notice of
Decision. [RCW 36.70B.090.]
F.
2.15.06.009
Record of Proceedings.
In determining the number of days that have elapsed after the local government has
notified the applicant that the application is complete for purposes of calculating the
time for issuance of the Notice of Final Decision, the following periods shall be
excluded:
A.
1.
Any period during which the applicant has been requested by Jefferson
County to correct plans, perform required studies, or provide additional
required information. The period shall be calculated from the date Jefferson
County notifies the applicant of the need for additional information until the
local government determines whether the additional information satisfies the
request for information or fourteen (14) days after the date the information
has been provided to Jefferson County;
2.
If Jefferson County determines that the information submitted by the
applicant under Section 2. 15.06.009(A)(1) is insufficient, it shall notify the
applicant of the deficiencies and the procedures under Section
2.15.06.009(A)(1) of this subsection shall apply as if a new request for studies
has been made;
3.
Any period during which an environmental impact statement is being prepared
following a determination of significance pursuant to Chapter 43.21 RCW, if
Jefferson County by ordinance has established time periods for completion of
environmental impact statements, or if the local government and the applicant
in writing agree to a time period for completion of an environmental impact
statement;
4.
Any period for administrative appeals of project permits, if an open record
appeal hearing or a closed record appeal, or both, are allowed. The time
period for consideration and decision on appeals shall not exceed:
a.
Ninety (90) days for an open record appeal hearing; and
b.
Sixty (60) days for a closed record appeal.
The parties may agree to extend these time periods;
37
YOL
22 rM:;851
Regulatory Reform Ordinance
5.
6.
7.
AprilS, 1996
Any extension of time mutually agreed upon by the applicant and the local
government;
Any extension of time requested by the applicant for whatever personal or
business reason;
Any extension of time due to failure by the applicant to provide required
documentation of posting, publication or notice; and
B.
The time limits established in this Title do not apply if a project permit application:
1.
2.
3.
4.
2.15.07.001
2.15.07.002
2.15.07.003
2.15.07.004
2.15.07.005
2.15.07.006
2.15.07.007
Requires an amendment to the Comprehensive Plan or a development
regulation;
Requires approval of the siting of an essential public facility as provided in
RCW 36.70A.200;
Is an application for a permit or approval described in Section 2.15.02.008;
or
Is substantially revised by the applicant, in which case the time period shall
start from the date at which the revised project application is determined to
be complete under RCW 36.70B.070. [RCW 36.70B.090.]
CHAPTER 2.15.07
CLOSED RECORD DECISIONS AND APPEALS
Appeals of Administrative Decisions
Consolidated Appeals
Standing to Initiate Administrative Appeal
Closed Record Decisions and Appeals
Procedure for Closed Record Decisions and Appeals
Types of Closed Record Decisions
Judicial Appeals
2.15.07.001 Appeals of Administrative Decisions. Project pennit applications shall be appealable
as provided in the ftamework in Section 2.15.02.003. [RCW 36.70B.090(1)(c).]
2.15.07.002
Consolidated Appeals.
All appeals of project permit application decisions, other than an appeal of
Determination of Significance (DS), shall be considered together in a consolidated
appeal. [RCW 43.21C.075, RCW 36.70B.060(6).]
A.
38
22 rAf:~852
VOL
Regulatory Reform Ordinance
April 8, 1996
B
2.15.07.003
A.
B.
2.15.06.004
Appeals of environmental determinations under SEPA, Chapter 16.05 JCC, shall
proceed as provided in that chapter.
Standing to Initiate Administrative Appeal.
Limited to Parties of Record. Only parties of record may initiate an administrative
appeal of a Type II, III or IV decision on a project permit application.
Definition. The term "parties of record" for the purposes of this chapter, shall mean:
1.
The applicant;
2.
Any person who testified at the open record public hearing on the application
and/or;
3.
Any person who submitted written comments concerning the application at
the open record public hearing (excluding persons who have only signed
petitions or mechanically produced form letters);
4.
In the case of petitions submitted as part of the hearing record, the Hearing
Body will officially designate one or two responsible citizens on the petition
to be the official "party of record" for the purpose of this chapter.
Closed Record Decisions and Appeals.
A.
Type II, ill or IV project permit decisions or recommendation. Appeals ofthe
Hearing Body's decision on a Type II, III or IV project permit applications shall be
governed by the following:
1.
Standing. Only parties of record have standing to appeal the Hearing Body's
decision.
2.
Time to File. An appeal ofthe Hearing Body's decision must be filed within
fourteen (14) calendar days following issuance of the Hearing Body's written
decision. Appeals may be delivered to the Permit Center by mail, personal
delivery or by fax before 4:30 p.m. on the last business day of the appeal
period. The Permit Center shall immediately inform in writing and transmit
the appeal to the office of the Board of County Commissioners within 24
hours.
3.
Computation of Time. For the purposes of computing the time for filing an
appeal, the day the Hearing Body's decision is rendered shall not be included.
The last day of the appeal period shall be included unless it is a Saturday,
Sunday, or a day designated by RCW 1.16.050 or by Jefferson County's
ordinances as a legal holiday; then it also is excluded and the filing must be
completed on the next business day. (RCW 35A.21.080.)
39
22 rw853
VOL
Regulatory Reform Ordinance
4.
2.15.07.005
A.
Chapter
B.
AprilS, 1996
Content of Appeal. Appeals shall be in writing, be accompanied by an appeal
fee, and contain the following information:
a.
Appellant's name, address and phone number;
b.
Appellant's statement describing his or her standing to appeal;
c.
Identification of the application which is the subject of the appeal;
d.
Appellant's statement of grounds for appeal and the facts upon which
the appeal is based;
e.
The relief sought, including the specific nature and extent;
f.
A statement that the appellant has read the appeal and believes the
contents to be true, followed by the appellant's signature.
5.
Effect. The timely filing of an appeal shall stay the effective date of the
Hearing Body's decision until such time as the appeal is adjudicated by the
Board of County Commissioners or withdrawn.
6.
Notice of Appeal. The Director shall provide public notice ofthe appeal as
provided in Section 2. 15.04.003(B)(2)(a) and 2.15.04.003(B)(c).
Procedure for Closed Record Decision/Appeal.
The following subsections of the Open Record Public Hearings of this Title shall
apply to a Closed Record Decision! Appeal hearing:
2.15.06.003 Conflict of Interest
2.15.06.004 Ex Parte Communications
2.15.06.005 Disqualification
2.15.06.006 Burden of Proof
Order of Proceedings
2.15.06.007(A)(I) Before receiving information on the issue
2.15.06.007(A)(2) The presiding officer
2.15.06.007(A)(3) Matters officially noticed
2.15.06.007(A)(4) The Hearing Body may view the area in dispute
2. 15.06.007(A)(6) Hearing Body shall openly discuss the issue
2.15.06.008. Findings and Notice of Decision
The closed record appeal/decision hearing shall be on the record before the Hearing
Body, and no new evidence may be presented. [RCW 36.70B.020.]
40
VOL
22 ~~f,;854
Regulatory Reform Ordinance
April 8, 1996
2.150.07.006 Types of Closed Record Decisions. The Hearing Body considering the appeal shall
select one of the following courses of action after conducting a closed record appeal:
A.
B.
Adopt the original Hearing Body's decision and deny the appeal, or,
Remand the matter for reconsideration to the original Hearing Body identifying
specific areas of analysis for the Hearing Body to address, or,
c.
Reject or amend the original Hearing Body's decision, and amend and reverse the
findings and conclusions of the original Hearing Body and replace them with new
findings and conclusions based upon the analysis conducted in the Closed Record
Appeal.
2.150.07.007 Judicial Appeals.
A.
Jefferson County's final decision on an application may be appealed by a party of
record with standing to file a land use petition in Jefferson County Superior Court.
Such petition must be filed within twenty-one (21) days of issuance of the decision,
as provided in Chapter 36.70C RCW.
Section 3. Chapter 2.05 Hearing Examiner, Section 2.05.120 Powers and duties, and Section
2.05.130 are hereby repealed and the following sections replace to the Jefferson County Code,
to read as follows:
2.05.120
Powers and duties.
The Examiner shall review all applications for conformance with the Jefferson County comprehensive
plans and/or relevant community development plan, and provisions of all applicable land use
regulations. The Examiner shall receive and examine available information, conduct open public
hearings, conduct open record appeals, and enter findings of fact and conclusions of law based upon
those facts in a record of decision to be rendered 10 workings days from the conclusion of the
hearing. The conclusions of the examiner shall represent the final decisions and recommendations
as provided hereinafter:
A.
Open Record Public Hearings. The decisions of the Examiner shall be final and
conclusive on the following matters, after an open public hearing unless such
determination is appealed to the Board of County Commissioners under the
provisions of the Closed Record Decisions and Appeals, Chapter 2.15.07.
1.
Zoning Applications requiring an open record public hearing under Jefferson
County Zoning Code, Chapter 18,
~o'-
22 r~:;~ 855
41
Regulatory Reform Ordinance
April 8, 1996
2.
Subdivision Applications requiring an open record public hearing under
Jefferson County Subdivision Code, Chapter 17, and,
3.
Applications for Camper Clubs requiring an open record public hearing under
Jefferson County Code, Chapter 8.35.
B.
Open Record Appeals. The decisions of the Examiner shall be final and conclusive
on the following matters, after an open public hearing has been held to consider an
appeal of the following administrative decisions unless such determination is appealed
to the Board of County Commissioners under the provisions of the Closed Record
Decisions and Appeals, Chapter 2.15.07.
1.
Appeals of administrative decisions of the Jefferson County Zoning Code,
JCC Chapter 18;
2.
Appeals of administrative decisions under Jefferson County Subdivision
Code, JCC Chapter 17;
3.
Decisions of the administrator of the Shoreline Master Program, JCC Chapter
18.10; and,
4.
Current use assessment of open space or timberland, RCW 84.34.
3.
Jurisdictional Limits. The Examiner shall not review matters requiring policy
decisions or legislative actions by the Board of County Commissioners including but
not limited to: comprehensive plan map redesignations, and text amendments to the
Shoreline Management Master Program. Policy determinations for these and other
similar matters are solely within the purview of the Jefferson County Board of
Commissioners, following recommendations from the Planning Commission or the
Shoreline Management Advisory Commission.
2.05.140 Appeal of final decisions. Closed Record Appeals of the Hearing Examiner decision
shall be made pursuant to the procedures established under Chapter 2.15.
Section 4. Severability.
If any section, sentence, clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause or phrase of this
ordinance.
42
VOL
22 rAf:; 856
Regulatory Reform Ordinance
Section 5. Effective Date.
April 8, 1996
This ordinance, being an exercise of a power specifically delegated to the Jefferson County legislative
body, is not subject to referendum, and shall take effect on April 8, 1996. However, the procedures
and time fÌames for issuance of permits and/or approvals as set forth in this ordinance shall apply only
to project permit applications filed on or after April 9, 1996.
P ASSj by}he Board of County Commissioners of the Jefferson County, Washington this
day of r ð ,1996.
SEAL:
,/""", ' ,
'/' "',
", -J '~-:1. . , "
/,,', ..- - ,'\
¡I.,)" ~" ,/;'" ' .. ". v, , \
"I- " . ,"
! "",w ," . . ,I> Ì\
\":~,':,:'.""'.'~,,',,,'I,.,.,I
, '..t' ,I - . .
, .. '. .. ... ' .'
'-'w ~. .~) <. :'
,.' I' . . . " '
.~. ~.\,)!t .
-.-"."
ATTEST:
APPROVED:
med as to foIm only:
'" -V -J-- ~ ÌI\N ~
Paul McIlrath
Deputy Prosecuting Attorney
43
VOL
22 r~f;85~
~
~: þ¡~'~ t1J f ;L-.;L 7 -1~
'-
Publish:
Bill:
One Time: February 28, 1996
Jefferson County Planning Department
C/O Jefferson County Planning Department
P.O. Box 1220
Port Townsend, Washington 98368
NOTICE OF PUBLIC HEARING
Adding A New Section 2.15
And
Amending Sections 2.05, 15.05, 16.05, 17, 18, AND 18.10
Of the Jefferson County Code Enacting The
REGULA TORY REFORM ACT, Chapter 36.70B RCW
NOTICE IS HEREBY GIVEN that the Jefferson County Commissioners will conduct a
public hearing on the 11th day of March 1996, at the hour of2:00 p.m., in the Commissioners'
Chambers of the Jefferson County Courthouse, Port Townsend, Washington, for the purpose of
taking testimony ITom all interested persons on the proposed ordinance to implement the Regulatory
Reform Act, Chapter 36.70B RCW as it applies to the administrative procedures for the processing
of project permit applications in Jefferson County.
A SUMMARY OF THE CONTENT OF SAID ORDINANCE, CONSISTING OF THE
TITLE, PROVIDES AS FOLLOWS:
A NEW ADMINISTRATIVE PROCEDURES SECTION TO THE JEFFERSON
COUNTY CODE:
REGULA TORY REFORM
- JCC 2.15
AND AMENDING SECTIONS:
HEARING EXAMINER
BUILDING CODE
ENVIRO~NTAL(SEPA)
SUBDIVISIONS
ZONING CODE
SHORELINE MASTER PLAN
- JCC 2.05
- JCC 15.05
- JCC 16.05
- JCC 17
- JCC 18
- JCC 18.10
THE NEW SECTION TO THE JEFFERSON COUNTY CODE WILL DIRECT THE
PROCESSING OF LAND USE APPLICATIONS AS THEY RELATE TO LAND USE AND
ZONING AS REQUIRED BY THE REGULATORY REFORM ACT, CHAPTER 36.70B RCW.
THIS SECTION INCLUDES THE FOLLOWING PROVISIONS:
Regulatory Reform Ordinance
Public Hearing Notice
February 16, 1996
Page 2
.
DEFINITIONS & INTERPRETATION
.
DESCRIBING THE GENERAL REQUIREMENTS FOR A COMPLETE APPLICATION;
.
ALLOWING FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING;
.
DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF APPLICATION;
.
SETTING FORTH THE INITIAL STEPS IN THE DETERMINATION OF
CONSISTENCY WITH THE DEVELOPMENT REGULATIONS AND SEP A;
.
SETTING A TIME FRAME FOR THE ISSUANCE OF PROJECT PERMITS;
.
DESCRIBING THE REQUIRED PUBLIC NOTICE PROCEDURES FOR A PUBLIC
HEARING;
.
ESTABLISHING A PROCESS FOR THE CONDUCT OF OPEN RECORD HEARINGS;
.
ESTABLISHING A PROCESS FOR THE CONDUCT OF CLOSED RECORD
DECISIONS AND APPEALS; AND
.
DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF DECISION.
The full text of this proposed Ordinance is available in the Board of County Commissioners
Office located in the Jefferson County Courthouse and The Permit Center, 621 Sheridan Street, Port
Townsend, Washington. Requests for copies of the ordinance will be mailed upon request at no
charge.
Any person may submit written or oral comments at this public hearing with respect to the
contents and adoption of this ordinance amendment. Written comments can be submitted to the
JEFFERSON COUNTY COMMISSIONERS' OFFICE, P.O. Box 1220, Port Townsend, WASH.
98368 until 5 p.rn on Monday, March II, 1996.
Approved As To Form
David Skeen, Prosecuting Attorney
/
o;f;¡ jJ~~~
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Agenda I tern
~ons~/ Regular (Please Circle One)
FOR THE WEEK OF:~mary 26, 1996
DEPARTMENT: PERMIT ENTER
I.
Description --
A brief description of the agenda item.
Optional Consolidated Permit Review Process (REGULATORY REFORM)
Set Date (March 11, 1996) for and Publish a Public Notice to hold a
public hearing (Summary Form) (attached)
The Permit Center staff has prepared a draft ordinance to implement CHAPTER 36.70B
RCW, THE REGULATORY REFORM ACT. This is an optional process to the citizens of
Jefferson County to dHect the processing of land use applications as they relate to land
use and zoning regulations. State law requires enactment and implementation by April
1, 1996.
This ordinance will amend and supplement the following existing sections of the
Jefferson County Code:
HEARING EXAMINER
BUILDING CODE
ENVTRO~NTAL(SEPA)
SUBDIVISIONS
ZONING CODE
SHORELINE MASTER PLAN
- ICC 2.05
- JCC 15.05
- ICC 16.05
- ICC 17
- ICC 18
- ICC 18.10
Regulatory Reform Ordinance
BOCC - Agenda Bill
February 22, 1996
Page 2
II.
Issues --
A short outline of the major issues or areas that should be
given particular attention.
.
DEFINITIONS & INTERPRET A TION
No issues are anticipated in this section.
.
DESCRIBING THE GENERAL REQUIREMENTS FOR A COMPLETE APPLICATION;
What is a complete application has been an issue in the past for considering vesting
and processing purposes. The lack of clarity has led to issues of the staff being able
to process an application because of incomplete or missing information.
Provides for greater use of pre-application conferences and establishes procedure by
ordinance instead of departmental policy. We see this as a service to the client to help
them in preparing their formal application.
.
ALLOWING FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING;
No issues are anticipated.
.
DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF APPLICATION;
No issues are anticipated. The provisions for notification are required.
.
SETTING FORTH THE INITIAL STEPS IN THE DETERMINATION OF
CONSISTENCY WITH THE DEVELOPMENT REGULATIONS AND SEP A;
No issues are anticipated.
.
SETTING A TIME FRAME FOR THE ISSUANCE OF PROJECT PERMITS;
No issues are anticipated. Time limits are placed on both the processing of an
application by the County staff and the responses from the applicant. The issue has
been having an application pending for years instead of taking appropriate action.
Regulatory Reform Ordinance
BOCC - Agenda Bill
February 22, 1996
Page 3
.
DESCRIBING THE REQUIRED PUBLIC NOTICE PROCEDURES FOR A PUBLIC
HEARING;
No issues are anticipated. The provisions for notification are required.
.
ESTABLISHING A PROCESS FOR THE CONDUCT OF OPEN RECORD HEARINGS;
The primary issue is that the authority of the Hearing Examiner will be increased to
handle the Open Record Hearings. This is consistent with the approach in other
jurisdictions. If the public hearing was held by the Board of County Commissioners,
then the Closed Record Appeal would be held by Superior Court.
The Hearing Examiner has been given a draft of the ordinance for review and
comment prior to your public hearing. His comments are anticipated around the 5th
of March.
.
ESTABLISHING A PROCESS FOR THE CONDUCT OF CLOSED RECORD
DECISIONS AND APPEALS; AND
No issues are anticipated.
.
DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF DECISION.
No issues are anticipated.
Other issues may arise prior to the hearing. We are requesting review from other
departments, the hearing examiner, and citizens. Copies are being made available at
no cost to the public.
Regulatory Reform Ordinance
BOCC - Agenda Bill
February 22, 1996
Page 4
III.
Action --
What is the nature of the action the Board is being asked to
take (discussion, approval of a contract, support for a grant,
etc. ).
1.
Set the public hearing date for March 11, 1996.
2.
Publish the Summary Notice of Public Hearing instead of publishing the
entire ordinance in the newspaper. The Prosecuting Attorney's Office
has been provided with a Summary description and requested to approve
as to form.
IV.
You may also want to express the department's position or recommen-
dation.
The department supports the general intent of the ordinance in the belief
that it will provide more certainty to both the administrative and decision
making process for land use applications.
We wish to reserve more comment in response to input received from the
hearing examiner, various departments, and public. Our intent is to
request after the public hearing on March 11, 1996, that the BOCC not
make a [mal decision until March 25, 1996 when we will make final
comments and provide a specific written recommendation on any issues
raised in the public hearing held on March 11, 1996. Legal review would
also be completed for the BOCC at that time.
JEFFERSON COUNTY PLANNING DEPARTMENT
Long-Range Planning and Growth Management
Jefferson County Courthouse P.O. Box 1220 Port Townsend, WA 98368
(360) 385-9123 FAX: (360) 385-9357 1-800-831-2678
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Ilwrnr¡
MEMORANDUM
fE816!Ø)
DATE:
February 16, 1996
~
FROM:
David Skeen, Prosecuting Attorney i
AI Scalf, Director of Community Development. 9-
Roger Blaylock, Senior Planner ~ I r
SUBJECT:
Regulatory Reform Public Hearing Notice
The Board of County Commissioners has the responsibility of adopting an ordinance implementing
the Regulatory Reform Act, Chapter 36.70B RCW before March I, 1996. The BOCC public hearing
is presently scheduled for Monday, March 11th. Normally, the proposed ordinance would be printed
in the local newspaper. The length of the proposed ordinance is over 40 pages and for cost reasons
we plan to publish the attached summary of the ordinance as recommended in the model ordinances
proposed and endorsed by the Department of Commerce Trade and Economic Development.
We would appreciate your review for form of the attached public notice, which will have to be placed
in the newspaper by Friday, February 23rd to comply with the 10 day notice requirement before a
scheduled public hearing.
Separate legal review of the ordinance will be requested from your office the first week in March.
Paul Mcllrath and Roger Blaylock have made arrangements to work together to accomplish this goal
before the projected adoption date of March 25, 1996.
We would appreciate your reply concerning the form of the legal notice by Friday morning February
23rd.
A.c cr I iOA ~ I~A 11 ¡J
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v'A'--v'- n ":CÂ.\..v'-- ~. ~~ C{--fl LL<) {UU tú1.. Æz, ¡rI-en
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Memorandum
To:
BOCC, Planning Commissioners, ESHB 1724 Committee
Members
From: Monica Macguire %Vt~
Date: February 23, 1996
Subject: Regulatory Reform
Enclosed you will find a draft copy of the proposed Consolidated Review
Procedures Ordinance that was written to comply with the Regulatory Reform
Act. If you have any questions about this draft please don't hesitate to
telephone Roger Blaylock or myself. Roger's telephone number is 385-9123
and mine is 379-4450. Review and written comments are vital toPus at this
time.
A new work schedule will be available by February 28 and will be routed to all
of you at that time.
Thank you for your assistance.
--'.,
'-
Publish:
Bill:
One Time: April 17, 1996
Jefferson County Planning Department
C/O Jefferson County Planning Department
P.O. Box 1220
Port Townsend, Washington 98368
NOTICE OF ADOPTION
JEFFERSON COUNTY,
STATE OF WASHINGTON
Adding A New Section 2.15
And
Amending Sections 2.05, 15.05, 16.05, 17, 18, AND 18.10
Of the Jefferson County Code Enacting The
REGULATORY REFORM ACT, Chapter 36.70B RCW
NOTICE IS HEREBY GIVEN that on Monday, April 8, 1996, the Jefferson County Board
of Commissioners, moved, seconded and passed a motion to adopt ORDINANCE NO. 08-0408-96.
A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF JEFFERSON COUNTY, WASHINGTON, RELATING TO LAND USE
AND ZONING, ADOPTING NEW ADMINISTRATIVE PROCEDURES FOR THE
PROCESSING OF PROJECT PERMIT APPLICATIONS, AS REQUIRED BY THE
REGULATORY REFORM ACT, CHAPTER 347 1995 LAWS OF WASHINGTON, CHAPTER
36.70B RCW.
A NEW ADMINISTRATIVE PROCEDURES SECTION TO THE JEFFERSON COUNTY CODE:
REGULATORY REFORM
- JCC 2.15
AND AMENDING SECTIONS:
HEARING EXAMINER
BUILDING CODE
ENVIRONMENTAL (SEP A)
SUBD IVISI ONS
ZONING CODE
SHORELINE MASTER PLAN
- JCC 2.05
- JCC 15.05
- JCC 16.05
- JCC 17
- JCC 18
- ICC 18.10
THE NEW SECTION TO THE JEFFERSON COUNTY CODE WILL DIRECT THE
PROCESSING OF LAND USE APPLICATIONS AS THEY RELATE TO LAND USE AND
ZONING AS REQUIRED BY THE REGULATORY REFORM ACT, CHAPTER 36. 70B RCW.
THIS SECTION INCLUDES THE FOLLOWING PROVISIONS:
-
Regulatory Reform Ordinance
Adoption Notice
April 13, 1996
Page 2
.
DEFINITIONS & INTERPRETATION: Terms that are specifically used in the Optional
Consolidated Permit Review Process are defined including Open Public Hearing, Closed
Record Appeal, Complete Application, Parties or Record, etc.
.
DESCRIBING THE GENERAL REQUIREMENTS FOR A COMPLETE APPLICATION:
The section establishes the components for a complete submission of a land use application
including: a preapplication process, application forms, critical area checklists, environmental
checklists, preliminary plans, a list of adjacent property owners, plat certificates, landscape
plans, soil logs, applicable fees, evidence of adequate water supply, and proposed restrictions
and covenants. The requirements for each land use application varies and all of the above
components may not be required a part of the application.
.
ALLOWING FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING: This allows
for the consolidation of various types ofland use applications into one permit review process.
.
DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF APPLICATION:
Establishes the process for the formal Notice of Application, including content, posting, and
publishing to the notice to the public.
.
SETTING FORTH THE INITIAL STEPS IN THE DETERMINATION OF
CONSISTENCY WITH THE DEVELOPMENT REGULATIONS AND SEP A: This section
sets forth the steps in integrating the environmental review process under the State
Environmental Policy Act of 1971 with the Growth Management Act of 1990 and the review
of specific projects to determine consistency with both laws.
.
SETTING A TIME FRAME FOR THE ISSUANCE OF PROJECT PERMITS: Specific
time limits to review consolidated permits within 120 days are established. In addition, this
section establishes reasons for delays based on the applicants' request or the preparation of
environmental or additional information necessary to review the land use application.
.
DESCRIBING THE REQUIRED PUBLIC NOTICE PROCEDURES FOR A PUBLIC
HEARING: Establishes the standardized process for the County to notify the public of a
public hearing to consider a land use application including content, time period, and type of
notice. Establishes procedures for posting, publication, and mailing notices.
.
ESTABLISHING A PROCESS FOR THE CONDUCT OF OPEN RECORD HEARINGS:
Establishes the Hearing Examiner as the primary Hearing Body to hold the Open Public
Hearing where public testimony concerning the application can be presented. This section
also defines the process for the public hearing, including parties of record.
.
Regulatory Reform Ordinance
Adoption Notice
April 13, 1996
Page 3
.
ESTABLISHING A PROCESS FOR THE CONDUCT OF CLOSED RECORD
DECISIONS AND APPEALS: This section assures that the Board of County
Commissioners is the primary body to consider Closed Record Decisions and Appeals of
Hearing Bodies in Jefferson County. It also establishes procedures for notice, conducting,
processing, and reaching decision concerning appeals. Sometimes the Hearing Examiner
considers the Closed Record Appeal of an administrative decision.
.
DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF DECISION: When
the County makes a decision, this process describes how the applicant, public, and parties of
record are notified and the form ofthe Notice of Decision.
The full text of this proposed Ordinance is available in the Jefferson County Planning Department
located in the Jefferson County Courthouse and The Permit Center, 621 Sheridan Street, Port
Townsend, Washington at no charge for a period of 30 days until May 17, 1996. The full text will
be mailed upon request.
DATED this 17th day of April, 1996.
~o-.
Lorna DeLaney, Clerk
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
.I