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HomeMy WebLinkAbout10 1104 96 ~lL; p.f}J. I/-O(,-F/{p , , '.. JEFFERSON COUNTY State of Washington In the Matter of Adopting the Stormwater Management Ordinance } } ORDINANCE NO. 10-1104-96 STORMW ATER MANAGEMENT ORDINANCE SECTION 1: FINDINGS OF FACT, NEED, AND PURPOSE 1.1 Findings of Fact The County Commissioners of Jefferson County hereby find that: A. RCW 90.70 created the Puget Sound Water Quality Authority for the purposes cited in RCW 90.70.001. B. The 1991 Puget Sound Water Quality Management Plan (Plan), (revised May, 1994) requires that: 1. All cities and counties in the Puget Sound basin shall adopt ordinances requiring stormwater controls for new development and redevelopment. These ordinances are to address: a) The control of off-site water quality and quantity (as related to quality) impacts; b) The use of source control best management practices and treatment best management practices; c) The effective treatment, using best management practices, of the storm size and frequency (design storm) as specified in the Stormwater Management Manual for the Puget Sound Basin for proposed development; d) The use of infiltration, with appropriate precautions, as the first consideration in stormwater management; e) The protection of stream channels and wetlands; and f) Erosion and sediment control for new construction and redevelopment projects; 2. Each jurisdiction shall adopt a stormwater management manual containing best management practices (BMPs) for the standards herein in conjunction with the Stormwater Management Ordinances. 3. To be consistent with the expected growth management planning schedules all counties shall incorporate the Plan stormwater considerations into critical area ordinances, county wide policies, comprehensive plans, and implementation regulations; adopt ordinances and stormwater manuals; and comply with the operation and maintenance program requirements by January 1, 1995. 1.2 Need The Board of County Commissioners find that this ordinance is necessary in order to comply with the 1991 (revised May, 1994) Puget Sound Water Quality Management Plan, and to meet the applicable goals of the Growth Management Act, RCW 36.70A. VOL 22 "'~ . r "':~ 0 1 r- ~ "1 , ...) .... .) ...J 1 1. 3 Purpose The purpose of this ordinance is to: A. Adopt a stormwater management manual; B. Adopt thresholds for determining development requirements; and C. Provide a means of regulating land disturbing activities on private and public land and subsequent stormwater runoff. The provisions of this ordinance are to guide and advise all who conduct new development or redevelopment as defined in Section 3.1. The provisions of this ordinance establish the level of compliance that must be met to permit a property from which stormwater flows into or potentially flows into the Puget Sound Basin to be developed or redeveloped within Jefferson County. SECTION 2: GENERAL PROVISIONS 2.1 Stormwater management manual adopted The Stormwater Management Manual for the Puget Sound Basin, (current edition), as published by the Washington State Department of Ecology, is hereby adopted by reference and is hereinafter referred to as the Manual. 2.2 Definitions For the purpose of this ordinance, definitions shall be as listed below or as are contained in the Glossary and Notation in the Manual. A. Basin Plan - A plan and all implementing regulations and procedures, including but not limited to land use management adopted by ordinance, for managing surface and storm water quality and quantity management facilities and features within individual subbasins. B. Best Management Practices (BMPs) - Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water and have been approved by Department of Ecology for stormwater management in the Puget Sound basin. C. Closed record hearing: A public hearing for the purpose of appeal following an open record public hearing, when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. D. Commercial Agriculture - Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a fedeml or state soils conservation program or unless the activity is maintenance of irrigation ditches, latemls, canals, or drainage ditches related to an existing and ongoing agricultural activity. E. Forest Practice - Any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: 1. 2. 3. 4. 5. 6. 7. 8. Road and trail construction; Harvesting, final and intermediate; Precommercial thinning; Reforestation; Fertilization; Prevention and suppression of diseases and insects; Salvage of trees; or Brush control. VOL 22 rM,~ 0 155,:t 2 F. Hearing Examiner - means the office of the Jefferson County Hearing Examiner as established by Jefferson County Ordinance No. 1-0318-91, and as amended. G. Impervious Surface - means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention or detention facilities shall not be considered as impervious surfaces. H. Infiltration - means the downward movement of water from the surface to the subsoil. I. Land Disturbing Activity - means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation. J. Large Parcel Erosion and Sediment Control Plan or "LPESC Plan" - a plan to implement BMPs to control pollution generated during land disturbing activity. Guidance for preparing a LPESC Plan is contained in Chapter 11-4 of the DOE Stormwater Management Manual. K. New Development - means the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV General forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. L. Open record hearing: A public hearing conducted by the Hearing Examiner that creates the County's record through testimony and submission of evidence and infonnation. M. Permanent Stormwater Quality Control (PSQC) Plan - a plan that includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a Small Parcel Erosion and Sediment Control Plan. Guidance on preparing a PSQC Plan is contained in Chapter 1-3 and Chapter 1-4 of the DOE Stormwater Management Manual. N. Puget Sound Basin - Puget Sound south of Admiralty Inlet (including Hood Canal and Saratoga Passage); the waters north to the Canadian border, including portions of the Strait of Georgia; the Strait of Juan de Fuca south of the Canadian border; and all the lands draining into these waters as mapped in Water Resources Inventory Areas numbers 1 through 19, set forth in WAC 173-500-400. O. Redevelopment - On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities associated with structural or impervious redevelopment. P. Small Parcel Erosion and Sediment Control Plan or "SPESC Plan" - a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment. Guidance for preparing a SPESC Plan is contained in Chapter 1-3 of the DOE Stormwater Management Manual. Q. Stormwater - That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. R. Water Quality - A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose. VOL 22 rAf,; a 155~ 3 2.3 AbrolZation and !!:reater restrictions It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. When any provision of any other County ordinance conflicts with this ordinance, that which provides more environmental protection shall apply unless specifically provided otherwise in this ordinance. 2.4 Applicability Regulated activities under this ordinance shall include all proposed land use when new development and redevelopment above threshold limits as set within this ordinance would occur, within the unincorpomted limits of Jefferson County where stormwater flows into or potentially flows into the Puget Sound basin. Permit and development applications including but not limited to the following shall comply with requirements of this ordinance: A. Building permit applications made under the Jefferson County Building Code Ordinance: Single Family Residential: Mobile/Manufactured, Modular, Site Built, Additions; Multi-Family Residential: Duplexes, Fourplexes, Condominiums, Apartment Houses; Commercial, including additions; Industrial, including additions; (Radio and Cellular) Towers; Above and Below Ground Storage Tanks; Additions and Renovations. B. Applications for Sewage Disposal Permits made under Jefferson County Ordinance No. 277, and/or 246.272 WAC, Rules and Regulations for On-Site Sewage Disposal Systems, or any ordinance adopted or amended thereafter. C. Applications for approval under the Jefferson County Zoning Code, No. 9-0801-94, or zoning control adopted or amended thereafter. D. Applications for approval under the Jefferson County Subdivision Ordinance, No. 4-0526-92, as amended. E. Applications for approval under the Jefferson County Camper Club Ordinance, No. 3-80, as amended. F. Applications for shoreline substantial development permits and permit exemptions under the Jefferson- Port Townsend Shoreline Management Master Program, as amended. G. Applications for Class IV General forest practices permits or forest practices permits that include conversion option harvest plans. H. Applications reviewed under the provisions of the Jefferson County Critical Areas Ordinance. 2.5 Severability If any provision of this ordinance or its application to any person, entity, or circumstance is held invalid, the remainder of this ordinance or the application of the provision to other persons, entities, or circumstance shall not be affected. VOL 2 2 r,~~,~ 0 1.55G 4 SECTION 3: REGULATED ACTIVITIES 3.1 Regulated activities Jefferson County shall approve or disapprove all new development and/or redevelopment when above the thresholds contained in Section 4 of this ordinance, unless exempted in Section 3.2 below. 3.2 Exemptions Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General forest practices permit applications that are conversions from timber land to other uses and forest practices permit applications that include conversion option harvest plans. SECTION 4: AFPROV AL STANDARDS 4.1 Minimum Stormwater Manal!ement ReQuirements A. The following new development and redevelopment shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan: 1. Individual, detached single family residences and duplexes creating or adding less than 5000 square feet of impervious surface development. Individual detached single family residences and duplexes creating or adding less than 3000 square feet shall follow BMPs but are not be required to submit a plan. 2. Creation or addition of less than 5000 square feet of impervious surface area for projects other than individual detached single family residences and duplexes and associated appurtenances. 3. Land disturbing activities of more than 10,000 square feet and less than one acre. Land disturbing activities of less than 10,000 square feet shall follow BMPs but will not be required to submit a plan. B. All development creating or adding less than 5,000 square feet of impervious surface area, where resulting impervious areas comprise greater than 50 percent of the total site size, shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. C. All new development that includes the creation of 5000 square feet or greater impervious area, and land disturbing activities of less than one acre shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. D. Land disturbing activities of more than one acre shall be required to implement an approved Large Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. E. All redevelopment that adds or creates 5000 square feet or greater impervious area or land disturbing activities more than one acre shall be required to implement an approved Large Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. Source control BMPs shall be applied to the entire site. F. In addition to the above requirements, for all new development or redevelopment where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the minimum requirements for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (Minimum Requirement #9) may be used to generate redevelopment requirements that are tailored to a specific basin. 1. Existing sites greater than one acre in size with 50 % or more impervious surface. VOL 22 rAf,~ 0 155';.' 5 2. Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies: as listed in Washington State Department of Ecology reports required under Section 303(d) of the Clean Water Act. 3. Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Ch.400-12 WAC, "Local Planning and Management of Nonpoint Source Pollution", Puget Sound Water Quality Authority, or through Growth Management Act planning. 4.2 General Regulated activities shall be conducted only after Jefferson County approves a Stormwater Site Plan which includes one or more of the following as required by this ordinance: A. Small Parcel Erosion and Sediment Control (SPESC) Plan - Small Parcel Erosion and Sediment Control Plans shall comply with Small Parcel Requirements 1 through 5 of Section 1-2.3 of the Manual. B. Large Parcel Erosion and Sediment Control (LPESC) Plan - Large Parcel Erosion and Sediment Control Plans shall comply with Minimum Requirement #1: Erosion and Sediment Control of Section 1-2.5 of the Manual. C. Permanent Stormwater Quality Control (PSQC) Plan - Permanent Stormwater Quality Control Plans shall comply with Minimum Requirements #2 through #11 in Sections 1-2.6 through 1-2.15 of the Manual. SECTION 5: ADMINISTRATION 5.1 Stormwater Administrator The Board of County Commissioners will designate an administrator who will be trained in stormwater management. The Administrator: A. Will assist the public in the interpretation and application of this ordinance which may include, but is not limited to, making available flow charts, matrices, standard drawings, and educational material, that would aid in the understanding and requirements of the ordinance. B. Will assist those submitting project applications to prevent violations of this ordinance or violations of Best Management Practices. C. Shall have the authority to develop and implement administrative procedures to administer and enforce this ordinance and further may vary from the performance standards of the Manual for the purpose of protecting water quality based on a written finding of fact that addresses the following: 1. The variance provides equivalent environmental protection and is in the overriding public interest; and the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; 2. There are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made; 3. Granting the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and 4. The variance is the least possible variance that could be granted to comply with the intent of the Minimum Stormwater Management Requirements. VOL 22 'Ar- r...", 0 1~58 6 D. May approve, conditionally approve, or deny an application for activities regulated by this ordinance. E. Will have authority to inspect projects at various stages of the work and may require approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, pre-construction; installation of BMPs; land disturbing activities; installation of utilities; landscaping; retaining walls; and completion of project. When required by the Administrator, special inspection and/or testing shall be performed. 5.2 Hearimz Examiner The Hearing Examiner's duties shall be as set forth in this ordinance and in the Jefferson County Code Chapter 2.05 Hearing Examiner. SECTION 6: ENFORCEMENT 6.1 General The choice of enforcement action and the severity of any penalty shall be based on the following: A. Whether the violation was intentional; B. Damage to water quality; C. Risk to the public or to public resources; D. Damage to private property. 6.2 Stop work order The Administrator shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this ordinance. The Administrator will attempt to cause violations to be corrected prior to issuing a stop work order unless a threat to water quality is imminent. 6.2.1 Content of Order The Order shall contain: A. A description of the specific nature, extent, and time of violation and the damage or potential damage; and B. A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under Section 6.3 below may be issued with the Order. 6.2.2 Notice A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same. 6.2.3 Effective Date The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. 6.2.4 Compliance Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty. 6.3 Civil Penalty Water quality is of prime importance. All costs to return violation to compliance with plans and prudent activities will be the responsibility of property owner. VOL 22 ~A!'; 0 155~ 7 In addition, a person who fails to comply with the requirements of this ordinance, who fails to conform to. the terms of an approval or order issued, or who fails to comply with a stop work order issued under these regulatIons shall be subject to a civil penalty. Said penalty shall be imposed by the Administrator who shall consult with the Prosecuting Attorney prior to imposing any such penalty. 6.3.1 Amount of Penalty The penalty shall not be less than $ 25.00 or exceed $ 1000.00 for each violation. violation or repeated violation shall constitute a separate violation. Each day of continued 6.3.2 Aidinl! or Abettin~. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. 6.3.3 Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the County. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specific time. 6.3.4 Application for Remission or Miti~ation. Any person incurring a penalty may apply in writing within 14 days of receipt of the penalty to the Administrator for remission or mitigation of such penalty. Upon receipt of the application, the Administrator shall schedule and provide public notice of an open record public hearing before the Hearing Examiner to consider the appeal. Notification of the public hearing shall be consistent with Section 19 of the Jefferson County Zoning Code, Ordinance No.09-O801-94. The Hearing Examiner may recommend to the Board of County Commissioners to remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 6.3.5 Appeal of Civil Penalty. The recommendation of the Hearing Examiner shall be fOlwarded to the Board of County Commissioners. The Board shall review the recommendation in a public meeting. If after review the Board deems that a change in the recommendation is necessary, the Board shall schedule and provide public notice of a closed record public hearing to adopt its own findings of fact and conclusions. Notification of the public hearing shall be consistent with Section 19 of the Jefferson County Zoning Code, Ordinance No.09-0801-94. The Board of County Commissioners shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 6.3.6 Penalties due Penalties imposed under this Section shall become due and payable 30 days after receiving notice in writing unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued by the Board of County Commissioners confirming all or part of the penalty. If the amount of a penalty owed the County is not paid within the time specified, the County may take actions necessary to recover such penalty. 6.3.7 Penalty recovered Penalties recovered shall be paid to a fund dedicated to public education and assistance for helping applicants comply with this ordinance and the stormwater management program. 6.4 Criminal Misdemeanor Penalty Any person who fails to comply with the requirements of this ordinance, who fails to conform to the terms of an approval or order issued, or who fails to comply with a stop work order issued under these regulations may also be subject to criminal prosecution as currently provided for under Jefferson County Code Chapter 1.01.160 Violations - Penalties. VOL 22 ¡'.~:.~ 0 1560 8 SECTION 7: APPEALS 7.1 Right of appeal Any decision of the Administrator may be appealed to the Hearing Examiner. All actions of the Administrator shall be final and conclusive, unless within 14 days of the date of the Administrators' action, the original applicant or an adverse party gives written notice of appeal to the Administrator for review of the action. The notice shall specify the decision for which review is sought and the grounds for review. A mailing address for the appellant shall be included. 7.2 Method of Appeal The Hearing Examiner shall review all decisions of the Administrator that are appealed at an open record public hearing. The decision of the Hearing Examiner shall be forwarded to the Board of County Commissioners. The Board shall review the recommendation in a public meeting. If after review of the Hearing Examiner's recommendation the Board deems a change in the recommendation necessary, the Board shall hold a closed record public hearing and adopt its own fIDdings of fact and conclusions. The Hearing Examiner or Board of Commissioners may prescribe conditions that are deemed necessary or desirable for the public interest. Notification of public hearings required under this Section shall be consistent with Section 19 of the Jefferson County Zoning Code, Ordinance No. 09-0801-94. SECTION 8: FEES 8.1 Fees The Administrator is hereby authorized to collect fees for the review of erosion control and stormwater site plans and variances, inspections of new development and redevelopment, and appeals of decisions of the Administrator including civil penalties as provided for in the Department of Public Works Fee Schedule, Jefferson County Code Appendix III Public Works Department. SECTION 9: EFFECTIVE DATE 9.1 Effective Date The effective date of this ordinance shall be 90 days from the date passed and adopted by the Board of County Commissioners. JI-- PASSED AND ADOPTED TmS~DA Y OF NOVEMBER 1996. ATIEST: VOL 22 rV: n 1 ,:)61 9 ~.:~ Pope Resources A Limited Partnership 19245 Tenth Avenue Northeast P.O. Box 1780 Poulsbo, Washington 98370-0239 (360) 697-6626 (360) 697-1156 FAX ~R'-;<'\\-;:'::' ,r:::~, !;~, ", '1:J)"~.¡',f!'L,j,L¡¡' , . f" 1;,'1 ks , . r . I ~":' \'" ; ""I 1", " ~ l\ ""' '" ,,' 'i l~ i..J AUG 2 g 1996 August 26, 1996 JEFFFf<SOi"! COUNT'i BOARD OF CDrv1MISS¡r¡r;IEh'S Jefferson County Board of Commissioners P.O. Box 1220 Port Townsend, W A 98368 Re: Proposed Stormwater Management Ordinance Honorable Commissioners: Thank you for sending me the latest version of the Draft Stormwater Management Ordinance. Upon reviewing the ordinance we found it to be a very reasonable adoption of the Department of Ecology's guidelines. There are however, several opportunities to improve the applicability and efficiency of the document. Our suggestions are presented below: I. D. Class IV General Forest Practices Permits and Conversion Option Plans Although Pope Resources rarely files such permits, we strongly recommend against their inclusion. Points for consideration are: A. These FP A's allow the option to convert the land from forestry to some other use. They are not the actual conversion. Properties logged under such permits may forever stay in forestry or may be converted to some other use. B. Lands that actually convert from forestry to another use will need to construct stormwater facilities at the time of future development. Such future uses will undergo the appropriate permitting and review process, insuring the proper treatment of stormwater issues. C. The clause discourages continued forestry on conversion parcels. If the ordinance remains as currently drafted, it will require construction of detention ponds, interceptor ditches and other expensive, land disturbing infrastructure. Such capital expenses will need to be offset by accelerating the time frame under which the property will reach ultimate development. Stormwater facilities constructed solely for the conversion option mayor may not be properly located for any future developments. VOL 22 rA['~ 0 1 no' , .. ,4., . -. .i: II. Variances The DOE manual is a very technical document that applies to numerous projects, large to small. The issue of variances is best left to the control of the Stormwater Administrator, not the Hearing Examiner. To require a minor technical variances to undergo the time and expense of public notice and hearings is to add necessary cost and delays that benefit neither the public or the project proponent. Thank you for considering our comments. Please contact me at 697-6626, extension 527 in can be of further assistance. Sincerely, on Rose, P.E. Project Manager c: Pope Resources: David Cunningham Ray Welch Greg McCarry Rod Maki Jefferson County Public Works: Jim Pearson VOL 22 rAGE 0 1 no' - , ,"';"., ,.,;' ..-I Olympic Environmental Council P.O. Box 1906, Port Townsend, WA 98368 (206)379-8442 (206)681-2642 Board of County Commissioners Jefferson County Port Townsend, W A 98368 August 8, 1994 Sirs: The Olympic Environmental Council would like to make the followin~ comments and suggestions in refen'.llce to the proposed stonnwater Management Ordinance. . The ordinance in general seems to have a . good fast track procedure. A few additions would be helpful for the public participation and clarity in the ordinance. Section 2: General Provisions: This section should include a reference under 2.4 to "Conversions and Coversion Option Harvest Plans". Section 5: Administration: Two additions in this section are suggested: Site of proposed plan should be posted with a public notice two weeks before the final approval of the plan in order to receive comment from citizens. Applications should be accompanied by educational materials which the WSU Extension might be willing to help prepare. Section 7: Variances: 7.1 It would seem prudent when prescribing conditions to give educational materials with information on conservation and protection of the watershed and aquifers. In order to appeal a decision the adverse parties need to know that a variance was issued therefore a procedure is needed to publish variances on this ordinance (or any ordinance) . itbilly once a week. This would also help monitor how well the ordinances are working. Further, OEC is concerned about the cumulative impacts from land use. It is important to track selected sites to know when a threshold of a percent of impervious surface IS triggered e.g. 1. all proposals less than 1.5 acres outside UGAs and rural centers; 2. any site with more than 50% impervious surface. This might help prevent an impact that creates a costly health hazard over time. Stonnwater permits should be issued in part based on an Aquifer Recharge Rate Map. OEC would like to see two goals included in this ordinance: 1. Specific aquifer recharge goals and protections 2. Review adequacy of storm water plans and BMPs for aquifer protection. We are very pleaserl that the county is establishing a Stormwater Ordinance. Sincerely, ~~,~~ Julie Jaman, OEC Boaid Member 1/01- 20 Ur,f O'1.~i3;¿ Abundant Life Seed Foundation. Admiralty Audubon * Black Hills Audubon * C.A.U.s.F. * Friends of I<ah Tai Lagoon .. Friends of the Blwha * Friend. oi P"laJi Point * OIympk Perk Aøeoci.tee * Protect the Penineula'. F\.lture * Q\.lilœne Ancient For...t Coelition * s.vv Our Rt..t.. P"r ,. * ¡;;"'uth r"untv r""".-lin"tin.,. r"unril * Trinitv TTnitÞ<i M..lhn.-liQI rhnr"h * W"Qh N.li"" PI"nt ~PIv - Olv rh"" .. W¡¡.-I '. " JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington St. Port Townsend, WA 98368 (360) 385-9160 Klara A. Fabry, Director/County Engineer MEMORANDUM TO: Jefferson County Board of Commissioners n 1j í ~ SEP 0 9 1996 FROM: Stormwater Advisory Board August 26, 1996 j DATE: ErIS RE: Review of the draft Stormwater Management Ordinance The Stormwater Advisory Board reviewed the draft Stormwater Management Ordinance on August 13, 1996. We have the following comments: * There are significant revisions to the Ordinance since it was drafted by SWAB. It is our understanding that these revisions were in response to review by the Prosecuting Attorney, the Department of Public Works, and Long Range Planning. Because we have not had a previous opportunity to review these revisions, we do so in this report. We have taken the SWAB draft dated August 8, 1994 as the starting point of our comments. *1.2 Need The Board of County Commissioners find that this ordinance is necessary in order to comply with the 1991 (revised May, 1994) Puget Sound Water Quality Management Plan, and to comply with the applicable 2oals of the Growth Mana2ement Act. RCW 36.70A. Comment: SWAB sees this as a stand alone ordinance intended to ensure the protection of the waters of Jefferson County and unrelated to regulation under the Growth Management Act. We request an explanation from the Prosecuting Attorney as to why reference to the GMA was added to the ordinance. * 2.1 Stormwater mana2ement manual adopted The Stormwater Management Manual for the Puget Sound Basin, (current edition)February 1992, as published by the Washington State Department of Ecology is hereby adopted by reference and is hereinafter referred to as the Manual. '.'01- 2 2 r~C~ 0 1-458 . 100% Recycled Paper Comment: SWAB prefers to adopt the 1992 Manual, specifically. If there are any revisions to the Manual, they should be reviewed by SWAB prior to adopting the revised Manual, in order to ensure the best management practices in it are appropriate for Jefferson County. * 2.4 Aoolicability Permit and development applications including but not limited to the following shall comply with requirements of this ordinance: G. Applications for Class IV General Forest Practices permits or forest practice permits that include contain approved conversion option harvest plans. H. Applications reviewed under the provisions of the Jefferson County Critical Areas Ordinance. Comment: As per the SWAB draft of the ordinance, forest practice permits should not be subject to the ordinance. Also, projects are subject to review under the Critical Areas Ordinance if they require a triggering permit. Since all of the Critical Areas Ordinance triggering permits are listed in this section, there is no need to add H. Applications reviewed under the CAO. * 3.2 Exemotions Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest Practices permit applications that are conversions from timber land to other uses and forest practice permits applications that include contain approved conversion option harvest plans. Comment: As per the SWAB draft of the ordinance, forest practice permits should not be subject to the ordinance. * Section 5: Administration Comment: As originally drafted by SWAB, the ordinance gave the Administrator the authority to grant variances administratively. This authority was subsequently deleted by staff. In order to eliminate a cumbersome and expensive process requiring as many as two public hearings, this authority should be returned to the Administrator. It could be done in Section 5.1 which sets forth the duties and responsibilities of the Administrator. Section 7 Variances which sets forth a hearing process for variances before the Hearing Examiner and Board of Commissioners would be deleted, but Section 8 Appeals would be retained. Section 5.1. C should be expanded to state that the Administrator shall have the authority to develop and implement administrative procedures to administer and enforce this Ordinance and further. may vary from the performance standards of the Manual for the purpose of protecting water quality based on a written finding of fact that addresses the following: VOL 22 rAr,~ 0 1- 459 2 A. The variance provides equivalent environmental protection and is in the overriding public interest: and that the objectives of safety. function. environmental protection and facility maintenance. based upon sound engineering, are fully met: B. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel ofland in question. and every effort to find creative ways to meet the intent of the minimum standards has been made: C. That the granting of the variance will not be detrimental to the public health and welfare. nor injurious to other properties in the vicinity and/or downstream. and to the quality of waters of the state: and D. The variance is the least possible variance that could be granted to comply with the intent of the Minimum Stormwater Management Requirements. NOTE: These are the findings offact for granting variances from Section 7.2 Findings of fact. This section should also be revised to reference the Hearing Examiner since that office is given responsibility for reviewing various matters. A new Section 5.2 should be added which states that the Hearing Examiner's duties shall be as set forth in this ordinance and in Jefferson County Code Chapter 2.05 Hearing Examiner. * Section 6.4 Criminal Penaltv Any person who fails to comply with the requirements of this Ordinance. who fails to conform to the terms of an approval or order issued. or who fails to comply with a stop work order issued under these regulations may also be subject to criminal prosecution as provided for under Jefferson County Code Title 1.01.160 Violations - Penalties. Comment: The provision for criminal penalties is contrary to the tenor of the ordinance as originally drafted by SWAB which emphasized public education and assistance by the Department of Public Works as the most appropriate means to ensure compliance and protect water quality. SWAB understands that this matter is already addressed in Jefferson County Code Chapter 1.01.160 Violations - Enforcement. SWAB recommends that the matter be reviewed by the Prosecuting Attorney to determine whether this section is necessary. If it is not or is redundant, it should be deleted. VOL 22 fACf 0 t 460 3 * Section 7: Variances Comment: The goals of the Stormwater Management Manual are to protect water quality and avoid impacts ftom stormwater runoff. The Manual contains a comprehensive list of best management practices that have been developed to meet these goals. Because there is a great deal of flexibility built into the Manual and because the Manual relies on sound engineering judgment, this section is not necessary and should be deleted. At our meeting we were not able to identify an issue that would require a variance. If a dispute arises between an applicant and the Administrator regarding whether a proposed stormwater plan is consistent with the goal of protecting water quality proposed Section 8: Appeals provides a process for reviewing the Administrators decision. * Section 9: Fees Comment: SWAB has previously discussed the issue of fees when drafting the ordinance. At that time it was our determination that fees should not be charged. We still support this position. We find it unfair to charge a fee to the person who is complying with the ordinance by submitting a plan for review, while the person who is not complying is not charged a fee. Respectfully submitted, VOL 22 rAG~ 0 ì461 4 \.-' JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington St. Port Townsend, WA 98368 (360) 385-9160 Klara A. Fabry, Director/County Engineer MEMORANDUM TO: Jefferson County Board of Commissioners Ii FROM: Perry Spring, Member Stormwater Advisory Board SEP 0 9 1996 DATE: September 3, 1996 RE: Review of the draft Stormwater Management Ordinance I was unable to attend the Stormwater Advisory Board's meeting to review the draft Stormwater Management Ordinance on August 13, 1996. I have reviewed the draft and SWAB's comments. I have the following comments for your consideration: To begin, I want to say that the ordinance represents many hours of hard work by the Board. It is needed to protect Jefferson County's water quality. I urge the Board of Commissioners to adopt the ordinance. It will give the County a valuable tool that it needs in order to protect water quality. *1.2 Need The Board of County Commissioners find that this ordinance is necessary in order to comply with the 1991 (revised May, 1994) Puget Sound Water Quality Management Plan, and to comply with the applicable 2oals of the Growth Mana2ement Act. RCW 36.70A. Comment: I concur with the SWAB report. This as a stand alone ordinance intended to ensure the protection of the waters of Jefferson County and unrelated to regulation under the Growth Management Act. * 2.1 Stormwater mana2ement manual adopted The Stormwater Management Manual for the Puget Sound Basin, (current edition)February 1992, as published by the Washington State Department of Ecology is hereby adopted by reference and is hereinafter referred to as the Manual. ,VOL 22 rM:~ 0 1462 100% Recycled Paper Comment: I do not concur with the SWAB report which proposes to specify the 1992 edition. I expect that the Manual will be improved in subsequent editions as there is more experience in stormwater management. I support this revision. Referring to the "current edition" will give the stormwater administrator greater flexibility. * 2.4 Applicabilitv Permit and development applications including but not limited to the following shall comply with requirements of this ordinance: G. Applications for Class IV General Forest Practices permits or forest practice permits that include contain approved conversion option harvest plans. H. Applications reviewed under the provisions of the Jefferson County Critical Areas Ordinance. Comment: I do not concur with the SWAB report. Forest practice permits for conversions and conversion option harvest plan should be subject to the ordinance because they have the potential to result in erosion and sedimentation. * 3.2 Exemptions Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest Practices permit applications that are conversions from timber land to other uses and forest practice permits applications that include contain approved conversion option harvest plans. Comment: I do not concur with the SWAB report. Forest practice permits for conversions and conversion option harvest plan should be subject to the ordinance because they have the potential to result in erosion and sedimentation. * Section 5: Administration Comment: I concur with the SWAB report. The ordinance should give the Administrator the authority to grant variances administratively based on sound engineering judgement and the goal of protecting water quality * Section 6.4 Criminal Penalty Any person who fails to comply with the requirements of this Ordinance. who fails to conform to the terms of an approval or order issued. or who fails to comply with a stop work order issued under these regulations may also be subject to criminal prosecution as provided for under Jefferson County Code Title 1.01.160 Violations - Penalties. Comment: I do not concur with the SWAB report. The provision for criminal penalties is appropriate in extreme circumstances where a person willfully causes serious damage to water quality. This section should not be deleted. VOL 22 rAG~ 0 1-463 2 -,.... * Section 7: Variances Comment: I concur with the SWAB report to delete this section and give the stormwater administrator authority to grant variances. * Section 9: Fees Comment: I do not concur with the SWAB report to delete the section on fees. We did not specifically address this issue previously because we didn't know what the fees would be. It is clear that we need to fund our governmental services on a pay as you go basis. Respectfully submitted, f ~ ~ k~ Perry Spring, Member 7 VOL 22 r,~Œ , 01464 3 --, Jefferson County Board of Commissioners Department of Public Works Agenda September 17, 1996 A2enda Item: Consider comments on the draft Stormwater Management Ordinance Staff Contact: James W. Pearson Issues: A. Revisions to the draft Stormwater Ordinance: The Board has held a public hearing on the draft Stormwater Ordinance. The Stormwater Advisory Board and the Planning Commission have also reviewed the Ordinance. The following issues were raised that should be resolved by the Board: * Section 1.2 Need: Should the Ordinance reference compliance with GMA goals; * Section 2.1 Stormwater management manual-adopted: Refer to 1992 edition or current edition; * Section 2.4 Applicability: Should applications for Class IV general forest practices and conversion option harvest plans be subject to the Ordinance; * Section 3.2 Exemptions: Should applications for Class IV general forest practices and conversion option harvest plans be subject to the Ordinance; * Section 5 Administration: Should the Stormwater Administrator be authorized to grant vanances; * Section 6.4 Criminal Penalty: Should the Ordinance specifically provide for criminal misdemeanor penalties; Section 7 Variances: Should the Ordinance provide a variance process with public hearing before the hearing examiner and review by the Board of Commissioners; Section 9 Fees: Should the department of Public Works be authorized to collect fees for activities regulated by the Ordinance. These issues are discussed at greater length in the attached Departmental memo. Action: * The Department proposes to discuss these issues with the Board on Tuesday September 17. Based on the Board's direction, the Department will make revisions to the draft Ordinance for the Board's review. Attachments: * Departmental memo dated September 10, 1996 * Draft Stormwater Management Ordinance VOL 22 f,~Gt 01465 - ..f '-'- JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington 81. Port Townsend, WA 98368 (360) 385-9160 K/ara A. Fabry, Director/County Engineer MEMORANDUM TO: Jefferson County Board of Commissioners FROM: Klara Fabry, Director/County Engineer /L~( DATE: September 10, 1996 RE: Review of comments on the draft Stormwater Management Ordinance The Board has held a public hearing to take testimony on the draft Stormwater Management Ordinance and has received comments from the Planning Commission and the Stormwater Advisory Board (SWAB) based on their reviews of the Ordinance. SWAB member Perry Spring was not able to be present at the SWAB meeting, but he submitted separate written comments. Pope Resources also submitted written comments. In addition Planning Commission member Dick Broders and SWAB member Bernie Arthur commented at the Board's hearing. This memo summarizes these comments in order to focus the Board's consideration of possible revisions to the draft ordinance. The Department proposes to discuss these matters with the Board on Tuesday September 17. Based on the Board's direction, the Department will make revisions to the draft Ordinance for the Board's review. There were comments on the following sections of the draft Ordinance: * 1.2 Need The Board of County Commissioners find that this ordinance is necessary in order to comply with the 1991 (revised May, 1994) Puget Sound Water Quality Management Plan, and to comply with the applicable eoals of the Growth Manaeement Act. RCW 36.70A. SWAB comment: SWAB sees this as a stand alone ordinance intended to ensure the protection of the waters of Jefferson County and unrelated to regulation under the Growth Management Act. We request an explanation from the Prosecuting Attorney as to why reference to the GMA was added to the ordinance. : VOL 22 rAGE 0 :1466 100% Recycled Paper - Perry Spring comment: Concur with SWAB. Planning Commission comment: Concur with SWAB comment. Department comment: This section was added at the recommendation of the Prosecuting Attorney. RCW 36.70A070 Comprehensive Plans - Mandatory Elements requires that comprehensive plans include a land use element which "shall review drainage, flooding, and stormwater runoff in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound." The Stormwater Ordinance will provide one of the mechanisms for complying with this goal of the GMA * 2.1 Stormwater mana2:ement manual adopted The Stormwater Management Manual for the Puget Sound Basin, (current edition) February 1992, as published by the Washington State Department of Ecology is hereby adopted by reference and is hereinafter referred to as the Manual. SWAB comment: SWAB prefers to adopt the 1992 Manual, specifically. If there are any revisions to the Manual, they should be reviewed by SWAB prior to adopting the revised Manual, in order to ensure the best management practices in it are appropriate for Jefferson County. Perry Spring comment: I do not concur with SWAB. I expect that the Manual will be improved in subsequent editions as there is more experience in stormwater management. Referring to the "current edition" will give the stormwater administrator greater flexibility. Planning Commission comment: Concur with SWAB comment. Department comment: The Puget Sound Water Quality Management Plan requires the County to adopt either the Stormwater Management Manual or a manual with "substantially equivalent technical standards". Adopting the "current edition" will ensure that the ordinance is consistent with State requirements. If the Board adopts the 1992 edition and there is a subsequent edition to the Manual, some staff time and expense would be required to hold a public hearing to review the revisions and determine whether to adopt the revised Manual. If changes in the 1992 edition from earlier drafts serve as an example, subsequent editions of the Manual will most likely contain minor incremental changes, based on research and greater experience in dealing with stormwater. Some of those revisions will no doubt be more restrictive on development, but some will also be less restrictive. VOL 2 2 r~G~ 01467 2 * 2.4 Applicabilitv Permit and development applications including but not limited to the following shall comply with requirements of this ordinance: G. Applications for Class IV General Forest Practices permits or forest practice permits that include contain approved conversion option harvest plans. H. Applications reviewed under the provisions of the Jefferson County Critical Areas Ordinance. SWAB comment: As per the SWAB draft of the ordinance, forest practice permits should not be subject to the ordinance. Also, projects are subject to review under the Critical Areas Ordinance if they require a triggering permit. Since all of the Critical Areas Ordinance triggering permits are listed in this section, there is no need to add H. Applications reviewed under the provisions of the Jefferson County Critical Areas Ordinance. Perry Spring comment: I do not concur with SWAB. Forest practice permits for conversions and conversion option harvest plan should be subject to the ordinance because they have the potential to result in erosion and sedimentation. Planning Commission comment: Concur with SWAB comment. Pope Resources comment: Recommend against the inclusion of Class IV general applications and conversion option harvest plans. These FP As allow conversion, but are not the actual conversion. These lands may stay in forestry. Lands actually converted will be reviewed to ensure proper stormwater facilities are constructed. The section discourages continued forestry by requiring construction of detention facilities which then accelerates the development time frame in order to offset these expenses. Department comment: In the opinion of staff, Class IV general forest practices and conversion option harvest plans should be regulated under the Stormwater Ordinance because they have the potential for erosion and sedimentation resulting ITom timber harvest and subsequent changes in land use. The definition of "new development" which is one of the categories regulated by the Manual includes Class IV general forest practices. This provision should be adopted in order to make the Ordinance consistent with the Stormwater Manual which regulates Class IV general forest practices. In response to Pope Resources' comments, staff notes that the timber harvest associated with conversion option harvest plans would typically only require erosion control measures and provision of adequate buffers adjacent to water bodies. Construction of detention facilities would not typically be required because these activities do not create significant impervious surfaces relative to the size ,of the parcel. VOL 22 rAGf 0 .1468 3 Staff concurs with the SWAB comment that all the CAD triggering permits are listed in this section and that this is to some extent redundant. CAO Section 11.60 Drainage and Erosion Control Plan states that "The design standards and information requirements for submission of drainage and erosion control plans shall be established by the Department of Public Works." The Department has adopted the Manual as its design standard for these plans. Department staff currently review CAO triggering applications and applications for conversion option harvest plans. Specifically stating that critical area reviews and conversion option harvest plans are subject to the Stormwater Ordinance would make clarify this matter. * 3.2 Exemptions Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest Practices permit applications that are conversions ITom timber land to other uses and forest practice permits applications that include contain approved conversion option harvest plans. SWAB comment: As per the SWAB draft of the ordinance, forest practice permits should not be subject to the ordinance. Perry Spring comment: I do not concur with SWAB. Forest practice permits for conversions and conversion option harvest plan should be subject to the ordinance because they have the potential to result in erosion and sedimentation. Planning Commission comment: Concur with SWAB comment. Department comment: See comment above regarding the same subject in Section 2.4 Applicability * Section 5: Administration Summary: This section sets forth the duties and responsibilities of the Stormwater Administrator. SWAB comment: As originally drafted by SWAB, the ordinance gave the Administrator the authority to grant variances administratively. This authority was subsequently deleted. In order to eliminate a cumbersome and expensive process requiring as many as two public hearings, this authority should be returned to the Administrator. It could be done in Section 5.1 which sets forth the duties and responsibilities of the Administrator. Section 7 Variances which sets forth a hearing process for variances before the Hearing Examiner and Board of Commissioners would be deleted, but Section 8 Appeals would be retained. Section 5.1. C should be expanded to state: The Administrator shall have the authority to develop and implement administrative procedures to administer and enforce this Ordinance and further. may vary ITom the performance standards of the Manual for the purpose of protecting water quality based on a written finding of fact that addresses the following: VOL 22 rAG£ 0 :1469 4 A. The variance provides equivalent environmental protection and is in the overriding public interest and that the objectives of safety. function. environmental protection and facility maintenance. based upon sound engineering. are fully met B. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel orland in question. and every effort to find creative ways to meet the intent of the minimum standards has been made: C. That the granting of the variance will not be detrimental to the public health and welfare. nor injurious to other properties in the vicinity and/or downstream. and to the quality of waters of the state: and D. The variance is the least possible variance that could be granted to comply with the intent of the Minimum Stormwater Management Requirements. NOTE: These are the findings offact for granting variances from Section 7.2 Findings of fact. This section should also be revised to reference the Hearing Examiner since that office is given responsibility for reviewing appeals of Administrator decisions and civil penalties. A new Section 5.2 should be added which states that the Hearing Examiner's duties shall be as set forth in this ordinance and in Jefferson County Code Chapter 2.05 Hearing Examiner. Perry Spring comment: Concur with SWAB Planning Commission comment: Concur with SWAB comment. Dick Broders public hearing testimony: In order to ensure that the Ordinance is user mendly, a users guide should be developed that will provide simple instructions on how to prepare a plan and what Best Management Practices are. This material should be available when the Ordinance is adopted. The following statement should be added to Section 5.1 Administrator: This ordinance shall become effective when a completed, simplified users guide for the preparation of erosion and sediment control plans, both large and small parcel, and permanent stormwater quality control plans is available to the public. Such guides will have examples of standardized plans or plan components, how to analyze property to see where problem areas are, and information to determine when professionals should be consulted. VOL 22 rAGE 01.470 5 Department comment: Concur with SWAB comment. Regarding Dick Broders' comment, the Department concurs that it is essential to conduct public education and to develop written material and illustrations to assist applicants prior to the effective date of the Ordinance. We have already developed some written material. We propose to additional material and to compile it into a guidebook. We also plan to conduct training sessions with contractors and builders. The Department does not believe that it is necessary to insert the proposed language into the Ordinance. * Section 6.4 Criminal Penalty Any person who fails to comply with the requirements of this Ordinance. who fails to conform to the terms of an approval or order issued. or who fails to comply with a stop work order issued under these regulations may also be subject to criminal prosecution as provided for under Jefferson County Code Title 1.01.160 Violations - Penalties. SWAB comment: The provision for criminal penalties is contrary to the tenor of the ordinance as originally drafted by SWAB which emphasized public education and assistance by the Department of Public Works as the most appropriate means to ensure compliance and protect water quality. SWAB understands that this matter is already addressed in Jefferson County Code Chapter 1.0 I. 160 Violations - Enforcement. SWAB recommends that the matter be reviewed by the Prosecuting Attorney to determine whether this section is necessary. If it is not or is redundant, it should be deleted. Perry Spring comment: I do not concur with the SWAB report. The provision for criminal penalties is appropriate in extreme circumstances where a person willfully causes serious damage to water quality. This section should not be deleted. Planning Commission comment: The Commission was concerned about the discretion that this section gives the Administrator and Prosecutor; the provision for jail time for offenses; and the possibility that it would be applied inappropriately. The Commission recommended that it be deleted. Dick Broders testimony: Section 6.1 of the Ordinance states that the choice of enforcement action and severity of the penalty shall be based on whether the violation was intentional, the damage to water quality, and the risk to the public or public resources. Section 6.4 which provides for criminal misdemeanor penalties should either be deleted or tied to Section 6.1. He is concerned that a person might be prosecuted because of personal conflicts with the Prosecutor. : VOL 22 rAG~ 0:1471 6 Department comment: Staff notes that the Jefferson County Code already provides criminal misdemeanor penalties for violation of the Code. This section was added at the recommendation of the Prosecuting Attorney. In order to adequately protect private property, staff recommends that Section 6.1 General be revised to include D. Damage to private property. * Section 7: Variances Summary: This section provides a variance process and criteria. The process would include a public hearing before the Hearing Examiner and review by the Board of Commissioners. SWAB comment: The goals of the Stormwater Management Manual are to protect water quality and avoid impacts from stormwater runoff. The Manual contains a comprehensive list of best management practices that have been developed to meet these goals. Because there is a great deal of flexibility built into the Manual and because the Manual relies on sound engineering judgment, this section is not necessary and should be deleted. At our meeting we were not able to identify an issue that would require a variance. If a dispute arises between an applicant and the Administrator regarding whether a proposed stormwater plan is consistent with the goal of protecting water quality, proposed Section 8: Appeals provides a process for reviewing the Administrator's decision. Perry Spring: Concur with SWAB. Delete this section and give the stormwater administrator authority to grant variances. Planning Commission comment: Concur with SWAB comment. Pope Resources comment: The Stormwater Manual is a technical document that applies to numerous types of projects. Variances should be left to the control of the Stormwater Administrator, not the Hearing Examiner. Requiring minor technical variances to go through the public hearing process would be an unnecessary burden. Department comment: Concur with SWAB comment. VOL 22 rAŒ 0 t 472 7 * Section 9: Fees Summary: This section authorizes the Administrator to collect fees for review of erosion control and stormwater management plans, inspections, and appeals. SWAB comment: SWAB has previously discussed the issue of fees when drafting the ordinance. At that time it was our determination that fees should not be charged. We still support this position. We find it unfair to charge a fee to the person who is complying with the ordinance by submitting a plan for review, while the person who is not complying is not charged a fee. Perry Spring: I do not concur with the SWAB report to delete the section on fees. We did not specifically address this issue previously because we didn't know what the fees would be. It is clear that we need to fund our governmental services on a pay as you go basis. Planning Commission comment: Concur with SWAB comment. Department comment: This section is necessary to ensure fiscally responsible administration of this Ordinance. The proposed fees are identical to the existing Department fee schedule which accurately reflects the cost to the Department of delivering services. The Development Review Team is funded partially by fees and partially by the road fund. If there is no provision for fees, the administration of the , Stormwater Ordinance would be funded entirely from the road fund. This would decrease the funds available for road maintenance. VOl. 22 r.~G~ 01473 8 STORMW A TER MANAGEMENT ORDINANCE SEcrION 1: FINDINGS OF FACT, NEED AND PURPOSE 1.1 Findin!!s of Fact The County Commissioners of Jefferson County hereby find that: A. RCW 90.70 created the Puget Sound Water Quality Authority for the purposes cited in RCW 90.70.001. B. The 1991 Puget Sound Water Quality Management Plan (Plan), (revised May, 1994) requires that: 1. All cities and counties in the Puget Sound basin shall adopt ordinances requiring stormwater controls for new development and redevelopment. These ordinances are to address: a) The control of off-site water quality and quantity (as related to quality) impacts. b) The use of source control best management practices and treatment best management practices. c) The effective treatment, using best management practices of the storm size and frequency (design storm) as specified in the Stormwater Management Manual for the Puget Sound Basin for proposed development. d) The use of infiltration, with appropriate precautions, as the first consideration in stormwater management. e) The protection of stream channels and wetlands. t) Erosion and sediment control for new construction and redevelopment projects. 2. Each jurisdiction shall adopt a stormwater management manual containing best management practices (BMPs) for the standards herein in conjunction with the Stormwater Management" Ordinances. 3. To be consistent with the expected growth management planning schedules all counties shall incorporate the Plan stormwater considerations into critical area ordinances, county wide policies, comprehensive plans and implementation regulations; adopt ordinances and stormwater manuals and comply with the operation and maintenance program requirements by January 1, 1995. 1.2 Need The Board of County Commissioners fmd that this ordinance is necessary in order to comply with the 1991 (revised May, 1994) Puget Sound Water Quality Management Plan, and to comply with the applicable goals of the Growth Management Act, RCW 36.70A. 1.3 PuJ1'Ose The purpose of this Ordinance is to: A. Adopt a stormwater management manual. B. Adopt thresholds for determining development requirements. C. Provide a means of regulating land disturbing activities on private and public land and subsequent stormwater runoff. VOL 22fAG~ 01-47~ 1 The provisions of this ordinance are to guide and advise all who conduct new development or redevelopment 'as defined in Section 3. 1. The provisions of this ordinance establish the level of compliance which must be met to permit a property from which stormwater flows into or potentially flows into the Puget Sound Basin to be , developed or redeveloped within Jefferson County. SECTION 2: GENERAL PROVISIONS 2.1 Stormwater manal!ement manual adopted (NOTE: REVISION IS PROPOSED FOR THIS SECTION.,J . The Stormwater Management Manual for the Puget Sound Basin, (current edition)Feèf'liftry 1992, as published by the Washington State Department of Ecology is hereby adoplted by reference and is hereinafter referred to as the Manual. 2.2 Definitions (NOTE: REVISION IS PROPOSED FOR THIS SECTIOl'IJ. For the purpose of this Ordinance, Definitions shall be as listed below or as are contained in the Glossary and Notation in the Manual. A. Basin Plan - A plan and all implementing regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and storm water quality and quantity management facilities and features within individual subbasins. B. Best Management Practices (BMPs) - Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by Department of Ecology, for stormwater management in the Puget Sound Basin. * Closed record hearinl!: An public hearinl! for the purpose of atmeal followinl! an open record public hearinl:. when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal arl!Ument allowed. C. Commercial Agriculture - Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. D. Forest Practice - Any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: 1. 2. 3. 4. 5. 6. 7. 8. Road and trail construction. Harvesting, final and intermediate. Precommercial thinning. Reforestation. Fertilization. Prevention and suppression of diseases and insects. Salvage of trees. Brush control. E. Hearing Examiner - means the office of the Jefferson County Hearing Examiner as established by Jefferson County Ordinance No. 1-0318-91, and as amended. , VOL 22 rM:~ 0 :14:7~' , ' . ,¡ 2 F. G. H. Impervious Surface - means a hard surface area which either prevents or retards the' entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving. gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. Infiltration - means the downward movement of water from the surface to the subsoil. Land Disturbing Activity - means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to demolition, construction, clearing, grading, filling and excavation. I. Large Parcel Erosion and Sediment Control Plan or "LPESC Plan" - a plan to implement BMPs to control pollution generated during land disturbing activity. Guidance for preparing a LPESC Plan is contained in Chapter 11-4 of the DOE Stormwater Management Manual. J. New Development - means the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV - general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defm~ in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. * ûPen record hearin2: A DUblic hearin2 conducted bv the Hearin2 Examiner that creates the County's record throulili. testimony and submission of evidence and information. K. Permanent Stormwater Quality Control (PSQC) Plan - a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a Small Parcel Erosion and Sediment Control Plan. Guidance on preparing a PSQC Plan is contained in Chapter 1-3 and Chapter 1-4" of the DOE Stormwater Management Manual. L. Puget Sound Basin - Puget Sound south of Admiralty Inlet (including Hood Canal and Saratoga Passage); the waters north to the Canadian border, including portions of the Strait of Georgia; the Strait of Juan de Fuca south of the Canadian border; and all the lands draining into these waters as mapped in Water Resources Inventory Areas numbers 1 through 19, set forth in WAC 173-500-400. M. Redevelopment - On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities associated with structural or impervious redevelopment. N. Small Parcel Erosion and Sediment Control Plan or "SPESC Plan" - a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment. Guidance for preparing a SPESC Plan is contained in Chapter 1-3 of the DOE Stormwater Management Manual. o. Stormwater - That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a derIDed surface water channel, or a constructed infiltration facility. P. Water Quality - A term used to describe the chemical, physical, and biological characteristics of water. usually in respect to its suitability for a particular purpose. , VOL 22 rMl , .,' or ' .~... ~" " " 0 .1476 3 2.3 Abro2ation and I!reater restrictions It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. When any provision of any other County ordinance conflicts with this ordinance, that which , provides more environmental protection shall apply unless specifically provided othelWise in this ordinance. 2.4 ApDlicability (NOTE: REVISION IS PROPOSED FOR TIllS SECTION.l Regulated activities under this ordinance shall include all proposed land use when where new development and redevelopment above threshold limits as set within this ordin3Jllce would occur.. within the unincorporated limits of Jefferson County where thM stormwater flows into or potentially flows into the Puget Sound Basin. Permit and development applications including but not limited Ito the following shall comply with requirements of this ordinance: A. Building permit applications made under the Jefferson County Building Code Ordinance: Single Family Residential: Mobile/Manufactured; Modular; Site Built; Additions Multi-Family Residential: Duplexes; Fourplexes; Condominiums; Apartment Houses Commercial, including additions Industrial, including additions (Radio and Cellular) Towers Above and Below Ground Storage Tanks Additions and Renovations B. Applications for Sewage Disposal Permits made under Jefferson County Ordinance No. 277, and/or 246.272 WAC, Rules and Regulations for On-Site Sewage Disposal Systems, or any ordinance adopted or amended thereafter. C. Applications for approval under the Jefferson County Zoning Code, No. 9-0801-94, or zoning control adopted or amended thereafter. D. Applications for approval under the Jefferson County Subdivision Ordinance, No. 4-0526-92. as amended. E. Applications for approval under the Jefferson County Camper Club Ordinance, No. 3-80, as amended. F. Applications for shoreline substantial development permits and permit exemptions under the Jefferson- Port Townsend Shoreline Management Master Program, as amended. G. Applications for Class IV General Forest Practices 12!Lnnits or forest practice permits that include eðfttttÏft ftl'l'f6'led conversion option harvest plans. H. ADDlications reviewed under the Drovisions of the Jefferson County Critical Areas Ordinance. 2.5 Severability If any provision of this Ordinance or its application to any person, entity, or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons, entities, or circumstance shall not be affected. '.VOL 22 rAŒ 0:1477 ., . ' 4 SECTION 3: REGULATED ACTIVITIES 3.1 ReilUlated activities Jefferson County shall approve or disapprove all new development and/or redevelopment when above the thresholds contained in Section 4 of this Ordinance, unless exempted in Section 3.2 below: 3.2 ExeIDDtions (NOTE: REVISION IS PROPOSED FOR THIS SECTION.) Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest Practices permit applications that are conversions from timber land to other uses and forest practice permits applications that include eðfttaÎft ftl'l'rð';eå conversion option harvest plans. . SECTION 4: APPROVAL STANDARDS 4.1 Minimum Stormwater Manal!ement ReQuirements A. The following new development and redevelopment shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan. B. 1. Individual, detached single family residences and duplexes creating or adding less than 5000 s.f. of impervious surface development. Individual detached single family residences and duplexes creating or adding less than 3000 s. f. shall follow BMPs but will not be required to submit a plan. 2. Creation or addition of less than 5000 s. f. of impervious surface area for projects other than individual detached single family residences and duplexes and associated appurtenances. 3. Land disturbing activities of more than 10,000 s.f. and less than 1 acre. Land disturbing activities of less than 10,000 s.f. shall follow BMPs but will not be required to submit a plan. All development creating or adding less than 5,000 s.f. of impervious surface area, where resulting impervious areas comprise greater than 50 percent of the total site size. shall be required to implement aD approved Small Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. C. All new development that includes the creation of 5000 s.f. or greater impervious area, and land disturbing activities of less than 1 acre shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. D. Land disturbing activities of more than 1 acre shall be required to implement an approved Large Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. E. All redevelopment that adds or creates 5000 s.f. or greater impervious area or land disturbing activities more than 1 acre shall be required to implement an approved Large Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. Source control BMPs shall be applied to the entire site. F. In addition to the above requirements, for all new development or redevelopment where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the DlÍJlimum requirements for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (Minimum Requirement #9) may be used to generate redevelopment requirements that are tailored to a specific basin. 1. Existing sites greater than 1 acre in size with 50 % or more impervious surface. VOL 22 rAŒ .,. :~ , . .-" t.,' . , ~.. 01478 , '. 5 2. Sites that discharge to a receiving water that has a documented water quality problem. Subj-ect to local priorities, a documented water quality problem includes, but is not limited to, water bodies: as listed in Washington State Department of Ecology reports required under Section 303(d) of the Clean Water Act. 3. Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process tmder Ch.400-12 WAC, "Local Planning and Management of Nonpoint Source Pollution", Puget Sound Water Quality Authority, or through Growth Management Act planning. 4.2 General Regulated activities shall be conducted only after Jefferson County approves a Stormwater Site Plan which includes one or more of the following as required by this ordinance: A. Small Parcel Erosion and Sediment Control (SPESC) Plan - Small Parcel Erosion and Sediment Control Plans shall comply with Small Parcel Requirements 1 through 5 of Section 1-2.3 of the Manual. B. Lanze Parcel Erosion and Sediment Control (LPESC) Plan - Large Parcel Erosion and Sediment Control Plans shall comply with Minimum Requirement #1: Erosion and Sediment Control of Section 1-2.5 of the Manual. C. Permanent Stormwater Quality Control (PSQC) Plat1\ - Permanent Stormwater Quality Control Plans shall comply with Minimum Requirements #2 through 11 in Sections 1-2.6 through 1-2.15 of the Manual. SECTION 5: ADMINISTRATION 5.1 Stormwater Administrator The Board of County Commissioners will designate an administrator who will be trained in stormwater management. The Administrator: A. Will assist the public in the interpretation and application of this Ordinance which may include, But is not limited to, making available flow charts, matrices, standard drawings, and educational material, that would aid in the understanding and requirements of the ordinance. B. Will assist those submitting project applications to prevent violations of this Ordinance or violations of Best Management Practices. C. Shall have the authority to develop and implement administrative procedures to administer and enforce this Ordinance. D. May approve, conditionally approve, or deny an application for activities regulated by this Ordinance. E. Will have authority to inspect projects at various stages of the work and may require approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, pre-construction; installation of BMPs; land disturbing activities; installation of utilities; landscaping; retaining walls and completion of project. When required by the Administrator, special inspection and/or testing shall be performed. ;.YOl 22 rAŒ , t;'. , 0 14 79 6 SECflON 6: ENFORCEMENT 6. 1 General The choice of enforcement action and the severity of any penalty shall be based on the following: A. Whether the violation was intentional; B. Damage to water quality; C. Risk to the public or to public resources; 6.2 Ston work order The Administrator shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this Ordinance. The Administrator will attempt to cause violations to be corrected prior to issuing a stop work order unless a threat to water quality is imminent. 6.2.1 Content of Order The Order shall contain: A. A description of the specific nature, extent, and time of violation and the damage or potential damage; and B. A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under Section 6.3 below may be issued with the Order. 6.2.2 Notice A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same. 6.2.3 Effective Date The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. 6.2.4 Comoliance Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty. 6.3 Civil Penalty . Water quality is of prime importance. All costs to return violation to compliance with plans and prudent activities will be the responsibility of property owner. In addition, a person who fails to comply with the requirements of this Ordinance, who fails to conform to the terms of an approval or order issued, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty. Said penalty shall be imposed by the Administrator who shall consult with the Prosecuting Attorney prior to imposing any such penalty. 6.3.1 Amount of Penalty The penalty shall not be less than $ 25.00 or exceed $ 1000.00 for each violation. Each day of continued violation or repeated violation shall constitute a separate violation. 6.3.2 Aidim!: or Abettinl!. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. VOL 2 2 rAr,~ 0 1,~80 '.~. , " , ; 7 6.3.3 Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the County. The notice shall describe the violation, . approximate the date(s) of violation, and shall order the acts (x>nstituting the violation to cease and desist. and, in appropriate cases, require necessary corrective action within a specific time. 6.3.4 Application for Remission or Miti!!:ation. (NOTE: REVISION IS PROPOSED FOR THIS SECTIONJ Any person incurring a penalty may apply in writing within 14 days of receipt of the penalty to the Administrator IIeftlmg Examiner for remission or mitigation of such penalty. Upon receipt of the application, the Administrator shall schedule and provide public notice of an ODen record public hearin!!' before the Hearin!!' Examiner to consider the anneal. Notification of the public hearin!!: shall be consistent with Section 19 of the Jefferson County Zonin~ Code. Ordinance No.09-O801-94. Ithe Hearing Examiner may recommend to the Board of County Commissioners to remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 6.3.5 Anneal of Civil Penalty. (NOTE: REVISION IS PROPOSED FOR TmS SECTION.l The recommendation of the Hearin!!: Examiner shall be forwarded to the Board of County Commissioners. The Board shall review the recommendation in a public meetin!!:. If after review the Board deems that a chan!!'e in the recommendation is necessary. the Board shall schedule and provide public notice of a closed record public hearing to adopt its own findin!!:s of fact and conclusions. Notification of the public hearin!!: shalI be consistent with Section 19 of the Jefferson County Zonin!!: Code. Ordinance No.09-O801-94. The Board of County . Commissioners shalI remit or miti!!'ate the Denalty only uoon a demonstration of extraordinary circumstances. such as the presence of information or factors not considered in settin!!: the ori!!:inal Denalty. Per!l6M ineHmttg a penalty impese8 ),y the IIeariøg Examiner æay ltJ'f'eal in '.vritmg ta die Beard af C8Hftty Cammtssi8ners wiifttft 39 9YS af tfte reeeif't af the ftatiee 8f the l'8fl.alty by the J'6rsaft(s) alleged ta hft'"te efttise8 the .¡jalatiaft. Ci'¡j} pe8ftlties Itf'l'ealeå t8 ~e Beard ef Cettftty Cammissianers shall fulIaw ~e I'r8eeåHtes in the Iftftftftet f're'átied m Sætiðft ~ 6.3.6 Penalties due Penalties imposed under this Section shalI become due and payable 30 days after receiving it notice in writing unless application for remission or mitigation is made or ~lD appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shalI become due and payable after all review proceedings and a fmal decision has been issued by the Board of County Commissioners confirming all or part of the penalty. If the amount of a penalty owed the County is not paid within the time specified, the County may take actions necessary to recover such penalty. 6.3.7 Penalty recovered Penalties recovered shall be paid to a fund dedicated to public education and assistance for helping applicants comply with this Ordinance and the stormwater management program. (NOTE: THIS IS A PROPOSED NEW SECTION.) 6.4 Criminal Misdemeanor Penalty Any Derson who faHs to comply with the reQuirements of this Ordinance. who faHs to conform to the terms of an aonroval or order issued. or who fails to comply with a stop work order issued under these rei!Ulations may also be subject to criminal prosecution as provided for under Jefferson County Code Title 1.01.160 Violations - Penalties. VOl. 22 fACt 0' 1481 . ' 8 S'ECTION 7: VARIANCES 7.1 General (NOTE: REVISION PROPOSED FOR TIllS SECTION.) The Hearing Examiner may. in specific cases after consideration in a DubHc hearin2. recommend a variance from .. the requirements of this Ordinance. Applications for a variance shall filed with the Administrator. Uoon receiDt of an aoolication. the Administrator shall schedule and Drovide Dublic notice of an ODen record Dublic hearin2 before the Hearin~ Examiner to consider the variance. Prier te the attt:fteriœtiÐft ef a variMtee, tfte IIeMÍftg ~amiBer shaH ftei:i a !'shUe heariBg. }Oletiiieatieft ef the feE[øireà !'ø],Jie lotearUt.g shaH he eeft8isteftt witft SeetiÐft 19 ef the Jeffel'86ft CðØftfy Zenmg Cede, er6~e }ole. Q9 9891 9i. The recommendation of the Hearing Examiner shall be fO1warded to the Board of County Commissioners. The Board shall review the recommendation in a public meeting. If after review of the Hearing Examiner's recommendation the Board deems a change in the recommendation necessary, the Board shall hold a closed record ~ public hearing and adopt its own findings of fact and conclusions. Itl reeemmen.diftg fIftY Of Ø1"Ïftftee, tThe Hearing Examiner or Board of Commissioners may prescribe conditions to variances that are deemed necessary or desirable for the public interest. Notification of public hearin2s reQuired under this Section shall be consistent with Section 19 of the Jefferson County Zonin2 Code. Ordinance No. 09-0801-94. 7.2 FindinlZs of fact Variances from the Minimum Stormwater Management Requirements authorized by the Hearing Examiner shall include a written finding of fact, that addresses the following: A. The variance provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmèntal protection and facility maintenance, based upon sound engineering, are fully met; B. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made; C. That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and D. The variance is the least possible variance that could be granted to comply with the intent of the Minimum Stormwater Management Requirements. 7.3 Prior aDDroval Any variance shall be approved prior to permit approval and construction. 7.4 Duration of variance Variances granted shall be valid for 2 years, unless granted for a shorter period. VOL 22' I'M,; 01482 9 ï:-~ (, ' <NOTE: TInS PROPOSED NEW SECTION WAS FORMERLY INCORPORATED IN SECTION 1: VARIANCES. ) SECTION 8: APPEALS ~ ~ Rillht of apoea} <NOTE: REVISION IS PROPOSED FOR THIS SECTION.} Any decision of the Administrator may be appealed to the Rearinll Examiner BeaM ef CetHI.ty CelftfttÏssieJ!ers. All actions of the Administrator shall be final and conclusive. unless within 14 .M} days of the date of the Administrators' action, the original applicant or an adverse party gives written notice of appeal to the Administrator B6ar6 6f C6tH1.ty C61'ft1ftÎsßi6fters for review of the action. The notice shall specify the decision for which review is sought and the grounds for review. A mailing address for the appellant shall be included. ~ Beera ef C8tH1.ty C6BHIUssieJ!Ð1ß m&y apl'l6'le, aeøy 6l e6ftaiti8ft the appeal. 8.2 ':/-:6 Method of Appeal <NOTE: REVISION IS PROPOSED FOR THIS SECTlON.l The Rearinll Examiner B6ara 6f CetHI.ty CeBHIUssi8J!ers shall review all decisions of the Administrator that are appealed 8ft a de ft6Va },øsis at an ODen reCord public hearing. The decision of the Rearinll Examiner shall be forwarded to the Board of County Commissioners. The Board shall review the recommendation in a public meetinll. If after review of the Rearin!.! Examiner's recommendation the Board deems a chan!.!e in the recommendation necessary. the Board shall hold a closed record public hearin!.! and adopt its own findin!.!s of fact and conclusions. The Rearin!.! Examiner or Board of Commissioners may prescribe conditions that are deemed necessary or desirable for the public interest. Notification of public hearin!.!s reQuired under this Section shall be consistent with Section 19 of the Jefferson County Zonin!.! Code. Ordinance No. 09-0801-94. Netice 6f the .fteeriftg shttII },e mailetl to the appellant ftfta shall he I'tI}'lisheà. €Inca ill. the leetll fteWSl'apel af 16e6rð. <NOTE: THIS IS A PROPOSED NEW SECTION.) SECTION 9: FEES 9.1 Fees The Administrator is hereby authorized to collect fees for the review of erosion control and stormwater site plans and variances. inspections of new development and redevelopment. and appeals of decisions of the Administrator includinll civil penalties as provided for in the Department of Public Works Fee Schedule. Jefferson Countv Code ApDendix III Public Works Department. (NOTE: TInS SECTION HAS BEEN RENUMBERED ONLY.) SECTION 10 8: EFFECTIVE DATE IOS.1 Effective Date The effective date of this ordinance shall be 90 days from the date passed and adopted by the Board of County Commissioners. PASSED AND ADOPTED TIDS DAY OF BOARD OF JEFFERSON COUNTY COMMISSIONERS SEAL: Chair Member ArrEST: Clerk of the Board Member ." ' ~VOL 22 rAŒ 0 1483 10 JEFFERSON COUNTY CODE , èHAPTER 2.05 HEARING EXAMINER 2.05.010 Purpose This chapter establishes a system for applying land use regulatory controls in order to satisfy the following basic objectives: (1) To segregate the land use regulatory functions from the land use planning process; (2) To guarantee both due process and the appearance of fairness in land use hearings; and (3) To provide an effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters. . s c ter also establishes a stem to review variance lications s of civil ties and bv the Stormwater Administrator relatinll to the Jefferson Countv Stormwater M8IUU!:ement Ordinance. s of decisions 2.05.090 Applications ' (1) All applications to be submitted to the examiner for hearing shall be presented to either the planning departmeA1t ill: the Stormwater Administrator as desimated under the provisions of the Jefferson Countv Stormwater Manae:ement Ordinance. as aDDIODriate. The planning departmeA1t and Stormwater Administrator shall accept such applications only after applicable filing requirements are met. (2) After determining that the application is within hislher jurisdictional scope, the examiner shall direct either the planning departmeA1t or the StorInwater Administrator. as armroDriate to assign a date for a public hearing, and provide public notice in accordance with the ordinance governing the application. 2.05.100 Fees All applications for examiner review submitted to the planning department shall be accompanied by a fee, as set by the board of county commissioners, payable to the Jefferson County planning department. All aoolications for examiner review submitted to the Storm water Administrator shall be accoIllDanied bv a fee. as set bv the board of county commissioners. DRvable to the Jefferson Countv DePartment of Public Works. 2.05.110 Planning department and Stormwater Administrator reports Except for matters relatine: solely to review under the Stormwater Mana1!ement Ordinance which shall be the resoonsibilitv of the Stormwater Administrator. the planning departmeA1t shall coordinate and assemble the reviews of other county departmeA1ts and government agencies having an interest in the subject application, and shall prepare a written informational report summarizing the factors involved and the departmeA1t's findings. At least seven days prior to the scheduled hearing the report shall be filed with the examiner, and copies thereof shall be mailed to the applicant and made available to the public. Copies of planning departmeA1t and Stormwater Administrator reports shall be provided to interested parties upon payment of reproduction costs. 2.05.120 Powers and duties The examiner shall review all applications for conformance with the Jefferson County comprehensive plan and/or relevant community development plan, ftftè the provisions of all applicable land use regulations. and the Stormwater Manae:ement Ordinance. The examiner shall receive and examine available information, conduct public hearings, and enter findings of fact and conclusions of law based upon those facts in a record of decision to be rendered within ten days of the conclusion of the hearing. The conclusions of the examiner shall represent final decisions and recommendations as provided hereinafter: (2) Recom111Pftdations. Decisions by the examiner on the following matters shall constitute a recommendation to the Board of County Commissioners: (a) Applications for preliminary plat approvals; (b) Applications for preliminary mobile home parle approvals; (c) Applications for preliminary approvals of membership camper clubs; (d) Applications for conditional use permits under the County Development Code; (e) Applications for County Development Code map revisions; (f) Applications for current use assessment of open space or timberland; (g) Appeals from decisions of the administrator of the Shoreline Master Program; (h) Appeals from administrative decisions granting or denying certificates of compliance under the County Development Code; ftftè ' (i) Appeals from preliminary administrative decisions granting or denying short plat approval.. (j) Appeals of civil uenalties imposed bv the Stormwater Administrator: (k) Applications for vàriances from the standards of the Stormwater Manal!ement Ordinance: and I A s orad . . strative deci . ns b S ormwater A ' ... rator. 11 CHAPTER 2.15 OPTIONAL CONSOLIDATED PERMIT REVIEW PROCESS (Implementing the Regulatory Refcrm Act of 1995) Section 2.15.021 Definitions . Preliminarv drainage olano Information orovided bv an acolicant which includes a site olan and narrative and which ' describes existiru! natural and man-made draÍDa2e oattems on and adjacent to the site of a orooosed develooment and oroooses J11I"JISUreS for collectin2. treatin2. convevin2. cWainin2. and discharmnll stonnwater 2enerated by a develomneot. A oreIiminarv draina2e olan is used to determine the erosion control and stormwater II1aIW!ement reauired to be imDlemented in conjunction with a develooment. A oreJiminarv draina2e olan is conceotual in nature and does not include a stormwater site olan or finaI enlrineered constrnction drawings. 2.15.03.002 Development Permit Application. Applications for project permits shalI be submitted upon forms provided by the Director. An application shalI consist of all materials required by the applicable development regulations, and sba1l also include the following general information: O. Preliminarv drainage olan. 2.15.03.002 Application RequireJœnts matri,x: The Application Requirements matrix is amended to indicate that a ¡preliminary drainage plan shall be required with all applications for Conditional Use, PUD, Rezone, and Special Use Zoning applications; Binding Site Plan, Col11DleJ:Cial Subdivision, and Long Subdivision applications; and Camper Club, Mobile Home Park, and RV Park applications. The Application Requirements matrix is amended to indicate that a preliminary drainage plan mav be required for short plat, shoreline permit and shoreline permit exemption applications. APPENDIX ill Public Works Department Fees Section ll. Fee Schedule: D. Develooment Review 1. Administrative Review: Subdivisions Short Subdivisions $47.00lbour Long Subdivisions 5-14 lots (g) $1,000.00 plus $100 per lot Long Subdivisions 15 or more lots (g) $1,000.00 plus $150 per lot (g) The fee for review of long subdivision applications submitted prior to the effective date oftbis ordinance shall be $47.00lbour. Binding Site Plans For Mobile Home And Recreational Vehicle Parks: $47.001bour Fees sftøH èe èaseå ðft tfte fttHfteer eflets ereøteà, as per the subðt'mïðft seheètHe, Variance (does not include administrative variances) $200.00 Pre-Application Meeting $75.00 (applied to subdivision application fee at time of application) 2. Administrative Review: Zoning Approval 3. SEPAReview i. ae..'ierll EresiÐft CðI'I.treIIlftti Sterm.Vftter Mønagemœt PlftM $47.001ftettr 4. Stormwater Management Ordinance Review Erosion Control and Stonnwater' Mana2ement Plans and conduct site insoections AooeaIs to Hearin2 Examiner of Stormwater Administmtor decisions. includin2 civil oena1ties $100.00 Review of variance acolications submitted to the Hearin2 Examiner $100.00 Notice of Public Hearin1! before the Hearin1! Examiner or the Board of County Commissioners $100.00. Fees for develooment review activities not specified in this fee schedule shall be cbanred at the mte of $47.00 oer hour. $47.00lbour $47.00lbour $47.00lhour ~VOL 22 fAGE 0 1.485 '" , 12 ~EP::::- . j I , = 1 ,:. 1 J I ~~.. ; "'; ; .,~', i. , '~'.' . ~. ~::'.. ; ~ F:: ¡ '. ! :~, ; ; t< j ',':;', 1 . ¡ .' \ ; , " . ' ;.!; i If ", . ';'" .' ::: . " . . .. . , :. , . '..' 4 ,'. . L¡ 'f: ; :'. :1': 1 ... . ~ ;, ; ;), ¡ .'~' , ;. ¡ / ' , , . .', . " . \, , , .', t ' ,!, J ',' ¡ ~-96 9:'3'5 PHILLIPS P.02 "': .: ' :- ,,;. " :¡" . t-""""~':;;~""""'JI,.. ~'~"~";,"\'~;";;'l',','.1'~"':"":,:":},:1ß~., ,¡.::i ~'.;:I.',,:, . .', ~ "1'1 1~: r of " "', , (~l~;' :.::'{¡:¡,.¡ f>~}"'~ 'f/ I .'.-,.f, . ~' ..~.,o,'~rl~"o'" . .'" II '" . . ',~ ' , '. u';~' . , , . t: . , , ; I. :, i'. , '3 The ¡>laonins Commis$ion reviewed the drJft Stormwater MßJ1agement Ordinance pn ' AugÜst 21. 1996. tiJt'lE1WINA TION OF 'CONSISTENCY WITH THE PC)IJICIES O'F THE ~ j);t1¡~ERSON COuNTY COMP~F.ß'.NSiv£ PI.AN: ': ( I ~ '.i , :~; \ ~ :¡ , .. , ;: . f ' :. '; [;¡: : ;: I . !. .' I: , " L .' ! , , I :; j. ,¡ , , , ': ! , I. , ¡ " ! " I " i , , , I .' I, : I ... . , , ; ~ , I ," , ¡ . ! . : ;. í , .j .1 : j " , '¡ . I, i \Y~ find th~t the Comprehet1sive Plan contain. three genetal types of poJicìes whic~ are , r;J~a"t to the Stotmwate,1' h-1art,a8ern~nt Ordi~å.rtc~; ~ 'ü,tM{aI U:,Source-RX,o1~dQo PQiWka that require that development be designed a~d ' ~Òl1ts1mcted to .avoid impactS to adjacent properties and degradation or watert fish ànd ~fleUfi$h resources (County-wide Growth Nl.;page 33; Housi~g #4, #S. and #13, P\Q.è 37; , çt¡rnmercial #3t ,#8 and HUt pag~ 39; Transp~r'tation #5, pa~e 46; Parks and Recr~rldo.J\ 114. page 49; and Industrial })eveloplnent #2, pase 56); . ~'Mordable housing policies that, encourage the proviSion of 8ff'orda1;>te hous{ng moüsi.ng "1 artd 1#10, page 36~37)~ and . : ~; ~YmllD~Q~ th~t ençoutase efticlet1C Md cost..etY'eçdve pem\it pró'cesses (Housing tHO, page 37~ Oovernmerlt 1#3, 114, and #5, page 61). ' We have the rollowi"~ con)1t\ents reg$U"ding *"e'draft Ordinance.s consistency with: thèse ~ii<:ie5: ,; ~.'li.t~rtl (e!ø~~ Pto~~t4)n p~j~!~I: The °r~¡"~ce pro\'idol standard. .and an ~ h~,n!nlstrat(ve process that pr'otðCt watet qualIty 811d avoid impacts to adjaCðnt property ~()n) stormwater runQff and sedimentation rel~~ed to devetoprnent. The Ordh1Anceadopts '~Stjn8 State standards as reptescoted by the ,Washington Depart~l1errt otEcology: ~1.q1)]}water MonaaettteoLMan...Y.alfQUb~tS.9.wli1.Bu.t.n, This update$ tbe ref~ en~ t~ the Comprehens[ve Plan to the IIstandai'd$ c)fihe Washington State Water Potltltk/i'l: ëo~1 rot CoITn-nissio,,'",' THIJ Co A R '.,.. , , - . Jefferson County Planning Commission COUtltTHOU. I: POtltT TOWN.ENO. W..."l-iINCiTCN .a1l68 'Auaust 26J 1996 TO: f/ROM: RHo leff"erson COUl1ty Board of Co~bsionors J'efferson County Planning Corhm.isslon R~ew or the D,'aft Stormwat~~ Manasement Ordinance SEP- .' , ': " , , . 1 " ' . , '.",' : :', I' , ".! ; . ,. , ,,'. : . , , ":' ~ ';', . . " .~ ' ,:~ ',:; .:, : .; : ':,', : ~ .~r¡¡ ", ,'. ,::,; -': '. - ! . :'.' , " ,'.': :\ ; , , 'j .,' '; i ; 1 . I ; ~ ,:', ~.: ; , i , , ,.. I . i "!,:I...l ~ ',' , , . ,( ~ ..' ¡ :~",r ' , ': . ,:; i .., t "':.' ; " ,','! 1 ,:'(: i : ,: ,::' ! " ~ 'J " " :.(: ! ~::< ¡ ',; ': ,'< ' ,~ :: : ,,';, I , ¡ ; " ..' . ! ., í " .' : . , I ~-96 9:~6 GARY PHILLIPS 1_~Ir.¡.',".'" '_I," -:I;.....,,]t¡I:' ,,'~.,) !..-::'5 '~f,r'!,.'r THU .B~"d of Count)' Commls~d('lnct'l AU&'l\t l.lj, 1996 P~2 . M{;ßJable housin¡ PQ.Ü~: The Ùrdil'Mcð avoids coslly and time consuming a4ir¡Î( jstrative processes which can ¡ncruse the cost of residential construction. The O~'4it1~oce requires bltitder~ ofslngte '~mtty residences and dl,lpt~es with less than 3,000 IcfltarQ feet of total impervious surfac., to tmpr~ment best r:1,anagcment practice, to at\'old er~.,fôn and sedimentation, but it does not requÎré thtd. an erosion control plan be SlÍtimitted to the County for review and appfovil, ' . ~.m:!mmtB1 efficJer,ç~JKilicj~J.: The Ordinaflce pmtects th~ pubHç interNt by . pr~arving water quality and protects private pr9P~rty from the impacts of adjacent " d~~t-..Jopment in a manntr that is efficient and ~.t-eff~t¡ve, It directs the. Board of. ' C()í~rt1is.siQners to designate an Administrator who is trained in stormwater .manaseni~.s:)t. ; . It :~irects the Adnùnistrator to conduct tducatioh activities to assist the. pubUc in uM~i'~tandJng and comp1yio¡ with the Ordif1.Móe' and avoiding violations. The Ordinánce . d¥~.ftQt requIre public hca.rings or the issuanc.e ~of a permit. Approval of erosion control and Shmnwater ma.TÙig~roeot ptans i, an adruinistratlve t\Jnction of the Adrrtlnlstrator: PubUo; hearl~g$ a.re onty proVided tor v~rlances tnd Appeals ofadn1jnistrative dec¡sio~s 'l1t~ pl,lblic hearlf1$ process is consbtent WIth. thè tequireme.nts ofth~ Regulatory Re!9fl!'I. Açt. a.Jed.on this at\alysis, we find that th~'draft Stdrmwater Management Ordinance Is ~: cd~$is~~nt with the polides of the Jeff'et'son. Co\tnty Comprehensive PJ~n. C~NGES IN THE DRAFT STORl\IW A Tta MANAG~l\1ENT ORDTNANC~ lQjCOI\'IMENDEO BY ~IOTIONS 6F THF.~ 'LANNING COl\-J~n:SSl0N: . . i. :f)t¡lete the new ~M.crlm1DJl~Dor PçnJtt¥. The Co,(tJnllssion pointt'A ; ~Q~lt that there shøÙtdn.t be criminal peT\alti~ ~n ø. civil matter. It was. noted that ~ ,\ìas ¡ iqt1~te~r that crhninal penalties woUld only bd Invoked as a last resort or in an " , ii.~traordinary cicc\H)\stance . ~.J'ollow the Stonnwater Advisory Board's approach to a) Add to S~cJtPn 5,1 ~. ; :$tQf.tInY..A.tm..Admll)imJtor the 8uthorhy to ~rant variances. and b) include in Sec!ìoh ; ,.5.1, the Findin¡s Qf fact from Section 7. ~ as à basí$ for granting adnùnistrative If ! :v~riiU\çes. , There WOuld stiU be the right to appeal to the Hearing Examiner. . : :.lÎQllow the Stormwater Ad\1sory Board's pqsition for ~!¡Q.IJ_2-: t Stonnwat« . , ;U1~E.)~ ijWU1Jd. a.Q\11llc51 to 8d~1pt the Fçbruary 1992 manual, rather than the -~ . , ~u;,rent cdition. The Con¡misslon pointed olÌt tbat when a new edition was issued; tbe ¡, \-haJ1Scs would be noted. a.nd the decb~ion co\dd then be made. . P" "L!!I:. 1-' . ....:r-..- . I . ,. . I , ! . ! . I j ,I , , , i , , , , I : 1 ,I , ¡ '; ,; , I , , ' . I , . , , ; : .. , ;¡ :: I. '. . . . , ,: I , ,: I " : ; '" ~ !' .1, . " : i : I , " " " ! ; , ~ i I .1 ' .: I I " , I 1 ; . .1 :; \' .' '. t , . , ~ !\' '; : . , ~ I ; ~ '. .11 .: I . ¡ . I THU 9:3:6 GARY PHILLIPS S 2:-P .-'" ~ - '9 6 . 1 . , . ¡ ., ~ ~ I ,"; , . . ¡ : 1 ;'. I ¡' 1 " .', , .~ $ . 1 '. t '.: I i; ; ! ~ .. ,i ~.; ,.\ :,:, : ¡ t.; ';, : , i ';. i i :.. ,f , , , " . .' j , ! .' :.' {} ,'I, ! " I '! J é '. I " I ~ ' "" '; ;; I ~ , " :~. i , . . ~ , , 1 .,.'. BOa)~ of Count)' CQm.tni"f.Ot\~' , AUII1~7l 26. 1996 Pagt 3 . 'Add to Section 1J..A.tha' educational materials will be tvaBab1. when the ordll'lAripe ,~«'-('Hnc8 effeotive. The CommissIon pointed: out that materials should be available, be) , ï(h:at citizens could do tht\r own storn)water plans. Rc~t,"ttùll)' submitted, ~J1~ ~~. ~ ~It Chait P.04 , I , , . i ; \ . I , I' I , I I , I : I I I , I t. , I. i.: II :i. 'I ,I' , I I , '1' : I , I I' , I i: . .: \' I : I. ~ \, Î' : ¡. I. 0 i' :J : I I I i ¡ ! I I' ! i I ., i' I ¡ , ! I : ! , i '. I , I .' , ï i .1 . i ¡ ! ; I 'I' I :¡ ¡ 1 i I , , ; I }' i I I I .' .' , ¿EP~ 4-96 i ¡:' . ': , . > .1 I: Ii ¡\ I: . H' I: '. ¡; " " , it ~ ,Ill !f. " . . I) \ ~~~'~':',"i"':' "Ií..:~ . tf,'-"" " ~, . t ' ',",.."".'c:""" 1+--1 ì >,.'" """>¡~"~ ',~",. '1' :{ " ¡ , ;~,,' '.. ~: ! ,: \ . .':', , "';r,",!",','i,..:F', " L} : i.1 ,4-~ . ',.,'" :¡~, L ,i;O. ,;'.;:.,,:.,. \ n' , '\ !' ~t r)1~ ~t'~r r¿ . U: ¡¡:- ~!J ., .' ji:. .~ 'H' q: . ~r . ~: , ~, . ~. , i',' tij ¡'" " $', . '."" . :; tT .. , ¡; ,I' , ¡.~ ~;, i:1: ¡" t I;' .: ! ~ L 1: n t! ..¡ i' ~! ~.I ~¡ r " : I ~ '. ~ "I V :q ;, WED 18:39 " .. Nþ.~cd- , . , ','; . "" .: ( " ". " " '. . . i . , ,;" : ;:: "::'\ 1 ~ '~ ::( ,~' " , !'.', . ~:':~.~, " ',;: '~. ,,' , -~, ~ ,- ,~~:,: ), ;}J;. ,r:r. :' " " ~: ' . ~, :', ::- .. '. "., 1::' ~ , '¡, " " '. .. ~. " "r': ,': ,~' , i, , " .: "'" - .,'" . ..' , " . , ~ .' ' , . . ~ L PJe.II;S .r;: -ti..... .' ." '.' -..' '." : .w.q .þAck. '-./:' P r.J L L .1 P S . CARY . i ~lÎx ' .' ,í) td:t' 0/ .\. . .s 11~"" ~f , <,i , 7Qt'1~v",.,..~) ~~N~r, .)~' , ., P . 0 1 ;~ ~ ! ,0 !' ?, ~ ;+ .,.~"- r ,. ~ ' ~"'\ j . ..L.If.' \~ ~""ð .." . . . . ). t G-cJJ' t -{/ ~ ~., . ï ~ .; ~ ~ _.~. .S"Id1V1 ~i~!-. (ÂS (S~f+r) , . fl¡~ '.' .' ~..L. , , '.' , . ;- i f f, $ ~ ( , , .. '~ ,", . , ~ ... )¡' . . . ~ .í. ~ .. . - .. ¡ ~ ~ ~ ~ ~ ~ , I. .. >. > i. ~ ,.,. ," ~ ~ ~ ~ :: $ t l' ~ ~. . JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington St. Port Townsend, WA 98368 (360) 385-9160 Klara A. Fabry, Director/County Engineer MEMORANDUM TO: Planning Commission Stormwater Advisory Board Interested Parties Permit Center Environmental Health Department ;.:-rl.)),' IF I~ ff: ¡Hil [,\\"'~ ~.' <' '. AUG 1 :1 1996 i.AJUt~ IV BOARD OF CO¡V1MISSIONERS FROM: Department of Public Works DATE: August 12, 1996 RE: Proposed revisions to the draft Stormwater Management Ordinance and related amendments to the Jefferson County Code Chapter 2.05 Hearing Examiner, Chapter 2.15 Optional Consolidated Permit Review Process, and Appendix III Department of Public Works Fees The Jefferson County Board of County Commissioners will hold a public hearing at 1O:00AM on Tuesday August 27, 1996 in the Lower Level Conference Room of the Jefferson County Court House, 1820 Jefferson Street, Port Townsend, Washington to take comments on proposed revisions to the draft Stormwater Management Ordinance and related amendments to the Jefferson County Code Chapter 2.05 Hearing Examiner, Chapter 2.15 Optional Consolidated Permit Review Process, and Appendix III Department of Public Works Fees. Based on review by the Planning Commission, Prosecuting Attorney, Long Range Planning, and the Department of Public Works, revisions are proposed to the draft Stormwater Management Ordinance that was developed by the Stormwater Advisory Board. These revisions would: * Adopt the current edition of the Washington Department of Ecology Stormwater Management Manual; * Ensure consistency with the Regulatory Reform Act of 1995 and with the County's Optional Consolidated Permit Review Process, in particular the requirement for one open record public hearing and one closed record public hearing; * Provide for review of Class IV General Forest Practice applications (forest land conversions) and forest practice permit applications which include conversion option harvest plans; 100% Recycled Paper - * Provide that applications subject to the Critical Areas Ordinance are subject to the Ordinance; * Create a new section which provides for criminal misdemeanor penalties for violations of the Ordinance; * Create a separate section which provides a process for appeals of decisions by the Stormwater Administrator; * Create a new section which authorizes the Stormwater Administrator to charge fees related to administration of the Ordinance; and * Renumber the sections of the Ordinance as necessitated by revisions. A copy of the draft Stormwater Management Ordinance with the proposed revisions is attached. Insertions are indicated by underlining and deletions are indicated by stfike through. In addition related amendments are proposed to the: * Jefferson County Code Chapter 2.05 HearinS! Examiner to authorize the Hearing Examiner to review matters related to the Stormwater Management Ordinance and to designate the Stormwater Administrator as responsible for administrative functions related to that review; * Jefferson County Code Chapter 2.15 Optional Consolidated Permit Review Process to define a preliminary drainage plan and to set forth which applications are required and which may be required to include a preliminary drainage plan; * Jefferson County Code Appendix ill Public Works Department Fees to authorize the Department to charge fees for reviews and inspections required by the Ordinance. Amendment is also proposed to the Jefferson County Code Appendix ill Public Works Department Fees to charge an hourly fee for the review and inspection of mobile home and R V parks, instead of an hourly fee. The Department estimates that this will significantly lower the fees charged for these proposals while still providing adequate reimbursement to the Department to offset expenses of review and inspection. The text of these proposed amendments is attached. Insertions are indicated by underlining and deletions are indicated by strike through. STORMWATER MANAGEMENT ORDINANCE SECTION 1: FINDINGS OF FACT, NEED AND PURPOSE 1.1 Findin2:s of Fact The County Commissioners of Jefferson County hereby find that: A. RCW 90.70 created the Puget Sound Water Quality Authority for the purposes cited in RCW 90.70.001. B. The 1991 Puget Sound Water Quality Management Plan (Plan), (revised May, 1994) requires that: 1. All cities and counties in the Puget Sound basin shall adopt ordinances requiring stormwater controls for new development and redevelopment. These ordinances are to address: a) The control of off-site water quality and quantity (as related to quality) impacts. b) The use of source control best management practices and treatment best management practices. c) The effective treatment, using best management practices of the storm size and frequency (design storm) as specified in the Stormwater Management Manual for the Puget Sound Basin for proposed development. d) The use of infiltration, with appropriate precautions, as the first consideration in stormwater management. e) The protection of stream channels and wetlands. f) Erosion and sediment control for new construction and redevelopment projects. 2. Each jurisdiction shall adopt a stormwater management manual containing best management practices (BMPs) for the standards herein in conjunction with the Stormwater Management Ordinances. 3. To be consistent with the expected growth management planning schedules all counties shall incorporate the Plan stormwater considerations into critical area ordinances, county wide policies, comprehensive plans and implementation regulations; adopt ordinances and stormwater manuals and comply with the operation and maintenance program requirements by January 1, 1995. 1.2 Need The Board of County Commissioners fmd that this ordinance is necessary in order to comply with the 1991 (revised May, 1994) Puget Sound Water Quality Management Plan, and to comply with the applicable goals of the Growth Management Act, RCW 36.70A. 1. 3 Purpose The purpose of this Ordinance is to: A. Adopt a stormwater management manual. B. Adopt thresholds for determining development requirements. C. Provide a means of regulating land disturbing activities on private and public land and subsequent stormwater runoff. 1 The provisions of this ordinance are to guide and advise all who conduct new development or redevelopment as deemed in Section 3.1. The provisions of this ordinance establish the level of compliance which must be met to permit a property from which stormwater flows into or potentially flows into the Puget Sound Basin to be developed or redeveloped within Jefferson County. SECTION 2: GENERAL PROVISIONS 2.1 Stormwater mana~ement manual adopted (NOTE: REVISION IS PROPOSED FOR TIllS SECTION.) The Stormwater Management Manual for the Puget Sound Basin, (current edition)Feef'ttMY 1992, as published by the Washington State Department of Ecology is hereby adopted by reference and is hereinafter referred to as the Manual. 2.2 Defmitions (NOTE: REVISION IS PROPOSED FOR TillS SECTION.) For the purpose of this Ordinance, Definitions shall be as listed below or as are contained in the Glossary and Notation in the Manual. A. Basin Plan - A plan and all implementing regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and storm water quality and quantity management facilities and features within individual subbasins. B. Best Management Practices (BMPs) - Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by Department of Ecology, for stormwater management in the Puget Sound Basin. '" Closed record hearimz: An public hearin!!: for the purpose of appeal followin!!: an open record public hearin!!:. when the aooeal is on the record with no or limited new evidence or information allowed to be submitted and only aooeal ar!!:UIlleIlt allowed. C. Commercial Agriculture - Those activities conducted on lands deemed in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. D. Forest Practice - Any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: 1. 2. 3. 4. 5. 6. 7. 8. Road and trail construction. Harvesting, final and intermediate. Precommercial thinning. Reforestation. Fertilization. Prevention and suppression of diseases and insects. Salvage of trees. Brush control. E. Hearing Examiner - means the office of the Jefferson County Hearing Examiner as established by Jefferson County Ordinance No. 1-0318-91, and as amended. 2 F. Impervious Surface - means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. G. Infiltration - means the downward movement of water from the surface to the subsoil. H. Land Disturbing Activity - means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to demolition, construction, clearing, grading, filling and excavation. 1. Large Parcel Erosion and Sediment Control Plan or "LPESC Plan" - a plan to implement BMPs to control pollution generated during land disturbing activity. Guidance for preparing a LPESC Plan is contained in Chapter II-4 of the DOE Stormwater Management Manual. J. New Development - means the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV - general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as deemed in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. * Ooon record hearini!: A public hearin~ conducted by the Hearinl! Examiner that creates the County's record throul!h testimony and submission of evidence and information. K. Permanent Stormwater Quality Control (PSQC) Plan - a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a Small Parcel Erosion and Sediment Control Plan. Guidance on preparing a PSQC Plan is contained in Chapter 1-3 and Chapter 1-4 of the DOE Stormwater Management Manual. L. Puget Sound Basin - Puget Sound south of Admiralty Inlet (including Hood Canal and Saratoga Passage); the waters north to the Canadian border, including portions of the Strait of Georgia; the Strait of Juan de Fuca south of the Canadian border; and all the lands draining into these waters as mapped in Water Resources Inventory Areas numbers 1 through 19, set forth in WAC 173-500-400. M. Redevelopment - On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities associated with structural or impervious redevelopment. N. Small Parcel Erosion and Sediment Control Plan or "SPESC Plan" - a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment. Guidance for preparing a SPESC Plan is contained in Chapter 1-3 of the DOE Stormwater Management Manual. O. Stormwater - That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a deemed surface water channel, or a constructed infiltration facility. P. Water Quality - A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose. 3 2.3 AbroliZation and greater restrictions It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants. or deed restrictions. When any provision of any other County ordinance conflicts with this ordinance, that which provides more environmental protection shall apply unless specifically provided otherwise in this ordinance. 2.4 Applicability <NOTE: REVISION IS PROPOSED FOR TIDS SECTION.) Regulated activities under this ordinance shall include all proposed land use when wftere new development and redevelopment above threshold limits as set within this ordinance would occur, within the unincorporated limits of Jefferson County where Ütftt stormwater flows into or potentially flows into the Puget Sound Basin. Permit and development applications including but not limited to the following shall comply with requirements of this ordinance: A. Building permit applications made under the Jefferson County Building Code Ordinance: Single Family Residential: Mobile/Manufactured; Modular; Site Built; Additions Multi-Family Residential: Duplexes; Fourplexes; Condominiums; Apartment Houses Commercial, including additions Industrial, including additions (Radio and Cellular) Towers Above and Below Ground Storage Tanks Additions and Renovations B. Applications for Sewage Disposal Permits made under Jefferson County Ordinance No. 277, and/or 246.272 WAC, Rules and Regulations for On-Site Sewage Disposal Systems, or any ordinance adopted or amended thereafter. C. Applications for approval under the Jefferson County Zoning Code, No. 9-0801-94, or zoning control adopted or amended thereafter. D. Applications for approval under the Jefferson County Subdivision Ordinance, No. 4-0526-92, as amended. E. Applications for approval under the Jefferson County Camper Club Ordinance, No. 3-80, as amended. F. Applications for shoreline substantial development permits and permit exemptions under the Jefferson- Port Townsend Shoreline Management Master Program, as amended. G. Applications for Class IV General Forest Practices permits or forest practice permits that include e6B.tftÏft ftPPfflVed conversion option harvest plans. H. Applications reviewed under the provisions of the Jefferson County Critical Areas Ordinance. 2.5 Severability If any provision of this Ordinance or its application to any person, entity, or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons, entities, or circumstance shall not be affected. 4 SECTION 3: REGULATED ACTIVITIES 3.1 Rel!Ulated activities Jefferson County shall approve or disapprove all new development and/or redevelopment when above the thresholds contained in Section 4 of this Ordinance, unless exempted in Section 3.2 below: 3.2 Exemntions (NOTE: REVISION IS PROPOSED FOR TillS SECTION,) Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest Practices permit applications that are conversions from timber land to other uses and forest practice permits applications that include ooøtaÏft ftJ'fJreve6 conversion option harvest plans. . SECTION 4: APPROVAL STANDARDS 4.1 Minimum Stormwater Manal!ement ReQuirements A. The following new development and redevelopment shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan. 1. Individual, detached single family residences and duplexes creating or adding less than 5000 s. f. of impervious surface development. Individual detached single family residences and duplexes creating or adding less than 3000 s. f. shall follow BMPs but will not be required to submit a plan. 2. Creation or addition of less than 5000 s. f. of impervious surface area for projects other than individual detached single family residences and duplexes and associated appurtenances. 3. Land disturbing activities of more than 10,000 s.f. and less than 1 acre. Land disturbing activities of less than 10,000 s.f. shall follow BMPs but will not be required to submit a plan. B. All development creating or adding less than 5,000 s.f. of impervious surface area, where resulting impervious areas comprise greater than 50 percent of the total site size, shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. C. All new development that includes the creation of 5000 s.f. or greater impervious area, and land disturbing activities of less than 1 acre shall be required to implement an approved Small Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. D. Land disturbing activities of more than I acre shall be required to implement an approved Large Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. E. All redevelopment that adds or creates 5000 s. f. or greater impervious area or land disturbing activities more than 1 acre shall be required to implement an approved Large Parcel Erosion and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. Source control BMPs shall be applied to the entire site. F. In addition to the above requirements, for all new development or redevelopment where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the minimum requirements for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (Minimum Requirement #9) may be used to generate redevelopment requirements that are tailored to a specific basin. 1. Existing sites greater than 1 acre in size with 50 % or more impervious surface. 5 2. Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies: as listed in Washington State Department of Ecology reports required under Section 303(d) of the Clean Water Act. 3. Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Ch.400-12 WAC, "Local Planning and Management of Nonpoint Source Pollution", Puget Sound Water Quality Authority, or through Growth Management Act planning. 4.2 General Regulated activities shall be conducted only after Jefferson County approves a Stormwater Site Plan which includes one or more of the following as required by this ordinance: A. Small Parcel Erosion and Sediment Control (SPESC) Plan - Small Parcel Erosion and Sediment Control Plans shall comply with Small Parcel Requirements 1 through 5 of Section 1-2.3 of the Manual. B. Lafl!e Parcel Erosion and Sediment Control (LPESC) Plan - Large Parcel Erosion and Sediment Control Plans shall comply with Minimum Requirement #1: Erosion and Sediment Control of Section 1-2.5 of the Manual. C. Permanent Stormwater Quality Control (PSQC) Plan - Permanent Stormwater Quality Control Plans shall comply with Minimum Requirements #2 through 11 in Sections 1-2.6 through 1-2.15 of the Manual. SECTION 5: ADMINISTRATION 5.1 Stormwater Administrator The Board of County Commissioners will designate an administrator who will be trained in stormwater management. The Administrator: A. Will assist the public in the interpretation and application of this Ordinance which may include, But is not limited to, making available flow charts, matrices, standard drawings, and educational material, that would aid in the understanding and requirements of the ordinance. B. Will assist those submitting project applications to prevent violations of this Ordinance or violations of Best Management Practices. C. Shall have the authority to develop and implement administrative procedures to administer and enforce this Ordinance. D. May approve, conditionally approve, or deny an application for activities regulated by this Ordinance. E. Will have authority to inspect projects at various stages of the work and may require approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, pre-construction; installation of BMPs; land disturbing activities; installation of utilities; landscaping; retaining walls and completion of project. When required by the Administrator, special inspection and/or testing shall be performed. 6 SECTION 6: ENFORCEMENT 6.1 General The choice of enforcement action and the severity of any penalty shall be based on the following: A. Whether the violation was intentional; B. Damage to water quality; C. Risk to the public or to public resources; 6.2 Stop work order The Administrator shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this Ordinance. The Administrator will attempt to cause violations to be corrected prior to issuing a stop work order unless a threat to water quality is imminent. 6.2.1 Content of Order The Order shall contain: A. A description of the specific nature, extent, and time of violation and the damage or potential damage; and B. A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under Section 6.3 below may be issued with the Order. 6.2.2 Notice A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same. 6.2.3 Effective Date The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. 6.2.4 Conmliance Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty. 6.3 Civil Penalty Water quality is of prime importance. All costs to return violation to compliance with plans and prudent activities will be the responsibility of property owner. In addition, a person who fails to comply with the requirements of this Ordinance, who fails to conform to the terms of an approval or order issued, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty. Said penalty shall be imposed by the Administrator who shall consult with the Prosecuting Attorney prior to imposing any such penalty. 6.3.1 Amount of Penalty The penalty shall not be less than $ 25.00 or exceed $ 1000.00 for each violation. violation or repeated violation shall constitute a separate violation. Each day of continued 6.3.2 Aidini! or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. 7 6.3.3 Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the County. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specific time. 6.3.4 Application for Remission or Mitigation. (NOTE: REVISION IS PROPOSED FOR TillS SECTION.) Any person incurring a penalty may apply in writing within 14 days of receipt of the penalty to the Administrator II~ E",ømifter for remission or mitigation of such penalty. Upon receipt of the application, the Administrator shall schedule and provide public notice of an open record public hearinl!: before the Hearinl!: Examiner to consider the appeal. Notification of the public hearing shall be consistent with Section 19 of the Jefferson County ZoninlZ Code. Ordinance No.09-O801-94. Ithe Hearing Examiner may recommend to the Board of County Commissioners to remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 6.3.5 Apooal of Civil Penalty. (NOTE: REVISION IS PROPOSED FOR TillS SECTION.) The recommendation of the Hearing: Examiner shall be forwarded to the Board of County Commissioners. The Board shall review the recommendation in a public meetinl!:. If after review the Board deems that a chan~e in the recommendation is necessary. the Board shall schedule and provide public notice of a closed record public hearißl! to adopt its own findings of fact and conclusions. Notification of the public hearing: shall be consistent with Section 19 of the Jefferson County Zoninl!: Code. Ordinance No.09-O801-94. The Board of County Commissioners shall remit or mitil!:ate the penalty only upon a demonstration of extraordinary circumstances. such as the presence of information or factors not considered in setting the oril!:inal penalty. Person:s ÍIleürrtn:g a J'Ðftftlty impðaOO hy the IIœriftg Eum.Ín:er may appœl Ïft writirtg to the Boftt'd Ðf CÐün:t:r Commissioners -¡¡ithin 30 days 6£ the reooipt 6f the n:etiee 6f the pen:ttlty hy the perooft(s) alleged t6 lttwe eIlüsed the violation:. Civil pœttlties appealed t6 the Bðftf6 6f Cðttftty C6mmÏssiðftefs shttll f611m¡ the preeeàtires in the IDfIftfter prtY;iàed in geetien 'l-:6-. 6.3.6 Penalties due Penalties imposed under this Section shall become due and payable 30 days after receiving it notice in writing unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued by the Board of County Commissioners confirming all or part of the penalty. If the amount of a penalty owed the County is not paid within the time specified, the County may take actions necessary to recover such penalty. 6.3.7 Penalty recovered Penalties recovered shall be paid to a fund dedicated to public education and assistance for helping applicants comply with this Ordinance and the stormwater management program. (NOTE: TillS IS A PROPOSED NEW SECTION.) 6.4 Criminal Misdemeanor Penalty Any ~rson who fails to comply with the reQuirements of this Ordinance. who fails to conform to the terms of an approval or order issued. or who fails to comply with a stop work order issued under these re¡zulations may also be subject to criminal prosecution as provided for under Jefferson Countv Code Title 1.01.160 Violations - Penalties. 8 SECTION 7: VARIANCES 7.1 General <NOTE: REVISION PROPOSED FOR THIS SECTION.) The Hearing Examiner may, in specific cases after consideration in a public hearin£!:. recommend a variance from the requirements of this Ordinance. Applications for a variance shall filed with the Administrator. Upon receipt of an application. the Administrator shall schedule and provide public notice of an open record public hearinsz before the Hearing Examiner to consider the variance. Pri6r t6 the aBtfterimtieB. at a vanmee, the Hearing Exft!ftÍfter sftaR :held a JftÙ'lie :heftriBg. ÞI6tifieetieB 6f the reIIæred "Belie :heftriBg sftøH he eðft8istÐBt -.vitk Seetiaft 19 af tke Jeffet'Sðft CðÐftty beftÌftg Cede, 8r8Íftftfte6 N6. e9 9891 94. The recommendation of the Hearing Examiner shall be forwarded to the Board of County Commissioners. The Board shall review the recommendation in a public meeting. If after review of the Hearing Examiner's recommendation the Board deems a change in the recommendation necessary, the Board shall hold a closed record ittt-6wft public hearing and adopt its own findings of fact and conclusions. 1ft reeeJftffteftElittg my vari¡mee, ({he Hearing Examiner or Board of Commissioners may prescribe conditions to variances that are deemed necessary or desirable for the public interest. Notification of public hearin~s required under this Section shall be consistent with Section 19 of the Jefferson County Zoninsz Code. Ordinance No. 09-0801-94. 7.2 Findin~s of fact Variances from the Minimum Stormwater Management Requirements authorized by the Hearing Examiner shall include a written finding of fact, that addresses the following: A. The variance provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; B. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made; C. That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and D. The variance is the least possible variance that could be granted to comply with the intent of the Minimum Stormwater Management Requirements. 7.3 Prior approval Any variance shall be approved prior to permit approval and construction. 7.4 Duration of variance Variances granted shall be valid for 2 years, unless granted for a shorter period. 9 (NOTE: TillS PROPOSED NEW SECTION WAS FORMERLY INCORPORATED IN SECTION 7: . VARIANCES.) SECTION 8: APPEALS ~ H RÏllht of aoneal (NOTE: REVISION IS PROPOSED FOR TillS SECTION.) Any decision of the Administrator may be appealed to the Heariml Examiner B6ftf'tl 6f Cðttft~Y C6mmtssi8n.ers. All actions of the Administrator shall be final and conclusive, unless within 14 .MJ days of the date of the Administrators' action, the original applicant or an adverse party gives written notice of appeal to the Administrator Bðftf6 6f CBtlftty C6mmtssieøers for review of the action. The notice shall specify the decision for which review is sought and the grounds for review. A mailing address for the appellant shall be included. =ßte B6ftftl 6f CffiH\ty C6mmt3lii6ftelS may 81'1'I'6',e, èeft)' 6r eetttliti6B the 81'1'œl. 8.2 =1-:é Method of Aoneal (NOTE: REVISION IS PROPOSED FOR TillS SECTION.) The Hearinlz Examiner ßeftf'tl 6f C6Uftty C6mmt3liiðtters shall review all decisions of the Administrator that are appealed 6ft 8 de ftW;e basis at an open record public hearing. The decision of the Hearinll Examiner shall be forwarded to the Board of County Commissioners. The Board shall review the recommendation in a oublic meetinll. If after review of the Hearin~ Examiner's recommendation the Board deems a chanlle in the recommendation necessary. the Board shall hold a closed record oublic hearinll and adoot its own findinlls of fact and conclusions. The Hearinll Examiner or Board of Commissioners may orescribe conditions that are deemed necessary or desirable for the oublic interest. Notification of public hearinlls required under this Section shall be consistent with Section 19 of the Jefferson County Zoninl! Code. Ordinance No. 09-0801-94. Netiee 6£ the ~ M811 he mailoo to the 8ppellftftt ftI'td shttll be pl:lblishetl OBee in. the 16eæ BeWSf'llper of reeere. (NOTE: TIllS IS A PROPOSED NEW SECTION.) SECTION 9: FEES 9.1 Fees The Administrator is hereby authorized to collect fees for the review of erosion control and stormwater site olans and variances. inspections of new develooment and redevelooment. and anneals of decisions of the Administrator includin~ civil oenalties as orovided for in the Deoartment of Public Works Fee Schedule. Jefferson County Code Appendix III Public Works Deoartment. (NOTE: TillS SECTION HAS BEEN RENUMBERED ONLY.) SECTION 10 ß: EFFECTIVE DATE 108.1 Effective Date The effective date of this ordinance shall be 90 days from the date passed and adopted by the Board of County Commissioners. PASSED AND ADOPTED TillS DAY OF BOARD OF JEFFERSON COUNTY COMMISSIONERS SEAL: Chair Member ATTEST: Clerk of the Board Member 10 JEFFERSON COUNTY CODE CHAPTER 2.05 HEARING EXAMINER 2.05.010 Purpose This chapter establishes a system for applying land use regulatory controls in order to satisfy the following basic objectives: (1) To segregate the land use regulatory functions from the land use planning process; (2) To guarantee both due process and the appearance of fairness in land use hearings; and (3) To provide an effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters. This chapter also establishes a sYstem to review variance applications. aooeals of civil penalties. and appeals of decisions by the Stormwater Administrator relatÍn2 to the Jefferson County Stormwater Manallement Ordinance. 2.05.090 Applications (1) All applications to be submitted to the examiner for hearing shall be presented to either the planning department or the Storm water Administrator as deshmated under the provisions of the Jefferson Countv Stormwater Mana~ement Ordinance. as aoorooriate. The planning department and Storm water Administrator shall accept such applications only after applicable filing requirements are met. (2) After determining that the application is within his/her jurisdictional scope, the examiner shall direct either the planning department or the Storm water Administrator. as appropriate to assign a date for a public hearing, and provide public notice in accordance with the ordinance governing the application. 2.05.100 Fees All applications for examiner review submitted to the planning department shall be accompanied by a fee, as set by the board of county commissioners, payable to the Jefferson County planning department. All applications for examiner review submitted to the Storm water Administrator shall be accoJ11P811Ïed by a fee. as set by the board of county commissioners. payable to the Jefferson County Department of Public Works. 2.05.110 Planning department and Stormwater Administrator reports Except for matters relating solely to review under the Storm water Management Ordinance which shall be the responsibility of the Storm water Administrator. the planning department shall coordinate and assemble the reviews of other county departments and government agencies having an interest in the subject application, and shall prepare a written informational report summarizing the factors involved and the department's findings. At least seven days prior to the scheduled hearing the report shall be filed with the examiner, and copies thereof shall be mailed to the applicant and made available to the public. Copies of planning department and Storm water Administrator reports shall be provided to interested parties upon payment of reproduction costs. 2.05.120 Powers and duties The examiner shall review all applications for conformance with the Jefferson County comprehensive plan and/or relevant community development plan, ftfttl the provisions of all applicable land use regulations. and the Stormwater Manallement Ordinance. The examiner shall receive and examine available information, conduct public hearings, and enter findings of fact and conclusions of law based upon those facts in a record of decision to be rendered within ten days of the conclusion of the hearing. The conclusions of the examiner shall represent final decisions and recommendations as provided hereinafter: (2) Recommendations. Decisions by the examiner on the following matters shall constitute a recommendation to the Board of County Commissioners: (a) Applications for preliminary plat approvals; (b) Applications for preliminary mobile home park approvals; (c) Applications for preliminary approvals of membership camper clubs; (d) Applications for conditional use permits under the County Development Code; (e) Applications for County Development Code map revisions; (t) Applications for current use assessment of open space or timberland; (g) Appeals from decisions of the administrator of the Shoreline Master Program; (h) Appeals from administrative decisions granting or denying certificates of compliance under the County Development Code; ftfttl (i) Appeals from preliminary administrative decisions granting or denying short plat approval.;. (i) Appeals of civil penalties imoosed by the Stormwater Administrator: (k) Applications for variances from the standards of the Stormwater Management Ordinance: and (1) Apveals of administrative decisions by the Stormwater Administrator. 11 CHAPTER 2.15 OPTIONAL CONSOLIDATED PERMIT REVIEW PROCESS (Implementing the Regulatory Reform Act of 1995) Section 2.15.021 Definitions * Preliminarv drajJUipe plan. Information provided bv an applicant which includes a site plan and narrative and which describes exi~ natural and man-made drainalZe patterns on and adjacent to the site of a proPOSed development and ~ measures for collectinlZ. treatinlZ. convevinlZ. detainimz. and discharginlZ stormwater lZenerated bv a develooment. A oreliminarv drai.na£e plan is used to determine the erosion control and stormwater management roouired to be imDlemented in conjunction with a development. A preliminarv draina~e plan is conceptual in nature and does not include a stormwater site plan or final enlrineered construction drawinlZs. 2.15.03.002 Development Permit Application. Applications for project permits shall be submitted upon forms provided by the Director. An application shall consist of all materials required by the applicable development regulations, and shall also include the following general information: O. Preliminarv draina~e plan. 2.15.03.002 Application Requirements matrix: The Application Requirements matrix is amended to indicate that a preliminary drainage plan shall be required with all applications for Conditional Use, PUD, Rezone, and Special Use Zoning applications; Binding Site Plan, Commercial Subdivision, and Long Subdivision applications; and Camper Club, Mobile Home Park, and RV Park applications. The Application Requirements matrix is amended to indicate that a preliminary drainage plan may be required for short plat, shoreline permit and shoreline permit exemption applications. APPENDIX ill Public Wotks Department Fees Section II. Fee Schedule: D. Development Review 1. Administrative Review: Subdivisions Short Subdivisions $47.00/hour Long Subdivisions 5-14 lots (g) $1,000.00 plus $100 per lot Long Subdivisions 15 or more lots (g) $1,000.00 plus $150 per lot (g) The fee for review of long subdivision applications submitted prior to the effective date of this ordinance shall be $47.00/hour. Binding Site Plans For Mobile Home And Recreational Vehicle Parks: $47.00/hour F OOB sbftH 00 based 6ft the ¡\tImber 6f lets erœted, ItS pet' the subdtvist6ft seheè1lle Variance (does not include administrative variances) $200.00 Pre-Application Meeting $75.00 (applied to subdivision application fee at time of application) 2. Administrative Review: Zoning Approval 3. SEP A Review 4. Re,\'ievt Eresietl Cðftk61 ftlu18tormwftter Mllftfigemœt PlftflB $47.001hoor 4. Stormwater Management Ordinance Review Erosion Control and Stormwater Mana!!:ement Plans and conduct site inspections Aooeals to HearinlZ Examiner of Stormwater Administrator decisions. includinlZ civil oena1ties $100.00 Review of variance applications submitted to the HearinlZ Examiner $100.00 Notice of Public HearinlZ before the Hearing Examiner or the Board of County Commissioners $100.00 Fees for development review activities not soecified in this fee schedule shall be charlZed at the rate of $47.00 per hour. $47.00/hour $47.00/hour $47.00/hour 12 Jefferson County Board of Commissioners Department of Public Works Agenda October 28, 1996 A2enda Item: Resolve remaining issues related to the draft Stormwater Management Ordinance Staff Contact: James W. Pearson Issues: The following issues remain unresolved: * Class IV General forest practices permits and conversion option harvest plans; * Critical Areas Ordinance triggering permits; * Intent of the Stormwater Board regarding regulation of single family residences with more than 5,000 square feet of impervious surface. In addition to these items, the Department has considered the Board's decision not to charge fees for reviews and inspections related to the Ordinance. The Department has concluded that conducting these activities without an identified funding source will have a significant negative effect on the Department's budget. The Department wishes to discuss this issue further with the Board. Recommended Action: The Department has provided additional analysis as requested by the Board. The Department recommends resolving the remaining issues so that a final draft of the Ordinance can be presented to the Board for approval. Attachments: * Departmental Memo * Relevant Sections of the Forest Practices Regulations WAC 222 JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington St. Port Townsend, WA 98368 (360) 385-9160 Klara A. Fabry, Director/County Engineer MEMORANDUM TO: Jefferson County Board of Commissioners -:J~{ ø/f ~ FROM: Klara Fabry, Director/County Engineer DATE: October 23, 1996 RE: Review of Board of Commissioners revisions to the draft Stormwater Management Ordinance The Board has considered comments on the draft Stormwater Management Ordinance. The Board resolved most issues, but requested additional information regarding Class IV General forest practices, conversion option harvest plans, critical areas review, and the Stormwater Board's intent in regarding stormwater plans for single family residences over 5,000 square feet. Following are the text of the Ordinance sections which the Board previously resolved and additional information regarding issues that were not previously resolved. * 1.2 Need The Board of County Commissioners find that this ordinance is necessary in order to comply with the 1991 (revised May, 1994) Puget Sound Water Quality Management Plan, and to meet eomply with the applicable goals of the Growth Management Act, RCW 36.70A. * 2.1 Stormwater mana2:ement manual adopted The Stormwater Management Manual for the Puget Sound Basin, (current edition), as published by the Washington State Department of Ecology is hereby adopted by reference and is hereinafter referred to as the Manual. 100% Recycled Paper * 2.4 Aoolicabilitv Permit and development applications including but not limited to the following shall comply with requirements of this ordinance: G. Applications for Class IV General Forest Practices permits or forest practice permits that include contain approved conversion option harvest plans. H. Applications reviewed under the provisions of the Jefferson County Critical Areas Ordinance. Board of Commissioners: The Board requested the Department to provide additional information regarding how this section of the Ordinance would be administered. Department comment regarding Class IV General permits: The Stormwater Ordinance and the Stormwater Manual regulate "new development". The Manual's definition of new development includes Class IV General forest practices. This definition is also used in the Ordinance. The Manual and the Ordinance therefore already regulate Class IV General forest practices. In order not to apply the Ordinance to Class IV General forest practices, it would be necessary to rewrite the definition of new development in the Ordinance. The Forest Practices Regulations WAC 222-16-050 classifies all forest practices on lands platted after January 1, 1960 or where the applicant states an intent to convert the property to a use that is not compatible with timber management as Class IV General forest practices. All Class IV General permit applications are subject to SEP A review by the County acting as lead agency. The County already conducts this review. WAC 222- 20-040 Approval Conditions set forth the following review process. (See attached copy of WAC.) The DNR sends the application to the County with a notice that the County is the SEP A lead agency. The Permit Center conducts the SEP A review process. The Department reviews the proposal for probable impacts related to erosion and stormwater management, identifies probable significant impacts, if any, and recommends appropriate mitigation measures based on adopted County policy. The app1icant then amends the permit application to include the mitigation measures and submits it to the DNR. The DNR is responsible for monitoring the forest practice and ensuring compliance. This is a process that is already in place both for forest practices related to development app1ications and for forest practices where the conversion would be limited to construction of a single family residence. Specific inclusion of Class IV General permit applications in this section the Ordinance would make it clear that that the Ordinance standards are appropriate for review of these applications. 2 Review of forest practice permit applications under the Ordinance does not mean that these activities would require the implementation of intensive erosion control and stormwater management measures such as detention ponds. Implementation of these measures would be related to issues such as topography and soils, percentage of vegetation removed, amount of impervious surface created, presence of lakes, streams, and wetlands and provision of buffers around these water bodies. Forest practices involving a single landowner whose contiguous ownership is less that 2 acres are classified as Class I forest practices and not subject to the Ordinance even if they are converSlOns. Department comment regarding conversion option harvest plans: Conversion option harvest plans are voluntary agreements between a land owner and the County which are intended to avoid impacts which may arise if harvested timberland is subsequently converted. If the landowner and the County agree to limits on timber harvest, the application is processed as a Class II or III forest practice, there is no SEP A review, and the County waives its right to impose a moratorium on development applications for the next 6 years. Department staff currently review conversion option harvest plans at the request of the Permit Center to determine whether erosion control and stormwater management measures are necessary. The Department has adopted the Stormwater Manual as its design standard for erosion control and stormwater management plans. Specifically stating that conversion option harvest plans are subject to the Stormwater Ordinance would clarify this matter while not creating additional regulation. Timber harvest associated with Class IV General forest practices and conversion option harvest plans would typically only require erosion control measures and provision of adequate buffers adjacent to water bodies to filter out sediments. Construction of detention facilities would not typically be required because these activities do not create significant impervious surfaces relative to the size of the parcel. Department comment regarding Critical Areas Ordinance triggering permits: Because all the CAO triggering permits are listed in Section 2.4, the Department recognizes that this section is to some extent redundant. Department staff currently review CAO triggering applications at the request of the Permit Center to determine whether erosion control and stormwater management measures are necessary to avoid impacts to critical areas. CAO Section 11.60 Drainage and Erosion Control Plan states that "The design standards and information requirements for submission of drainage and erosion control plans shall be established by the Department of Public Works." Since the Ordinance adopts the Manual as its design standard for these plans, specifically stating that critical area reviews are subject to the Stormwater Ordinance would clarify this matter while not creating additional regulation. 3 * 3.2 Exemotions Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest Practices permit applications that are conversions from timber land to other uses and forest practice permits applications that include contain appro'y'ed conversion option harvest plans. See discussion above for Section 2.4 Áoolicabilitv. * Section 5: Administration 5.1 Stormwater Administrator The Board of County Commissioners will designate an administrator who will be trained in stormwater management. The Administrator: A. Will assist the public in the interpretation and application of this Ordinance which may include, but is not limited to, making available flow charts, matrices, standard drawings, and educational material, that would aid in the understanding and requirements of the ordinance. Will assist those submitting project applications to prevent violations of this Ordinance or violations of Best Management Practices. Shall have the authority to develop and implement administrative procedures to administer and enforce this Ordinance and further, may vary from the performance standards of the Manual for the purpose of protecting water quality based on a written finding of fact that addresses the following: B. C. 1. The variance provides equivalent environmental protection and is in the overriding public interest: and that the objectives of safety. function. environmental protection and facility maintenance, based upon sound engineering. are fully met: 2. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question. and every effort to find creative ways to meet the intent of the minimum standards has been made: 3. That the granting of the variance will not be detrimental to the public health and welfare. nor injurious to other properties in the vicinity and/or downstream. and to the quality of waters of the state: and 4. The variance is the least possible variance that could be granted to comply with the intent of the Minimum Stormwater Management Requirements. D. May approve, conditionally approve, or deny an application for activities regulated by this Ordinance. 4 E. Will have authority to inspect projects at various stages of the work and may require approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, pre-construction; installation of BMPs; land disturbing activities; installation of utilities; landscaping; retaining walls and completion of project. When required by the Administrator, special inspection and/or testing shall be performed. 5.2 Hearing Examiner The Hearing Examiner's duties in administering this Ordinance shall be as set forth in this Ordinance and in Jefferson County Code Chapter 2.05 Hearing Examiner. * Section 6: Enforcement Based on testimony and discussion in the public hearing process, the Board decided to add damage to private property as a criteria for determining the choice and severity of enforcement action as set forth below in Section 6.1 General. 6.1 General The choice of enforcement action and the severity of any penalty shall be based on the following: A. Whether the violation was intentional; B. Damage to water quality; c. Risk to the public or to public resources; D. Damage to private property. * Section 6.4 Criminal Penalty Any person who fails to comply with the requirements of this Ordinance, who fails to conform to the terms of an approval or order issued, or who fails to comply with a stop work order issued under these regulations may also be subject to criminal prosecution as currently provided for under Jefferson County Code Title 1.01.160 Violations - Penalties. * Section 7: Variances This section was deleted and the Administrator was authorized to issue administrative variances in Section 5.1 Administration. 5 * Section 9: Fees The Board decided to delete this section which would authorize the Department to collect fees for review and inspection of erosion control and stormwater management plans at the Department's current rate. The Board stated its intent to review the fiscal impact to the Department six months after adoption of the Ordinance. The Department has reviewed this decision in light of its impact to the Department's budget. The Department previously estimated that administering the Ordinance would require approximately 0.5 FTE. This would require an expenditure of approximately $40,000. There are no departmental funds which are appropriate to use for this purpose. The Department therefore requests that the Board authorize a transfer into departmental funds from the General Fund or some other revenue source to fund this expenditure. If in the Board's judgment implementation of the Ordinance is not a sufficiently high priority to warrant a transfer from the General Fund and if no other funding source can be identified other than Departmental funds, it is the Department's recommendation not to adopt the Ordinance until such time as an appropriate funding source is identified. * Intent of Stormwater Board re2:ardilli!: re2:ulation of sin2:le family residences 2:reater than 5.000 SQuare feet of impervious surface The Stormwater Manual requires a higher level of regulation for developments which create more than 5,000 square feet of impervious surface. The Stormwater Ordinance as drafted by the Stormwater Board includes single family residences with greater than 5,000 square feet of impervious surface in this category. It was not clear to the Department if the Stormwater Board intended this or if it was an oversight. The Department discussed this matter with Stormwater Board Chair Ryan Tillman. He stated that it was the Board's position that all developments that created more than 5,000 square feet of impervious surface should be subject to the same regulation. 6 wl/;c- . . , " ~."" ' .\ . i r '..' .I:.J . .' . . i '."fi : ¡ or~r .. F ~ I ::'t.....{ 22"2..- /,- o.ro c~(,! Section (d) n:pracnts no change from Section (e) i-v upgrades c:ertain forest from C\us U to a hi¡ber cIus. These elauificalion will a]]ow the local gave impact of the proposal on the public c 32 (4) "CLASS U." Certain forest practices have been dctenninallo have a leu than 0Idúwy potcntiallo damage a public resource and may be conducted as Class U forest prac:ticea: PROVIDED. That no forest practice enumerated below may be conducted as a Class U foresl practice if Ihc opcntion requires a hydraulic project approval (RCW 75.20.100) or is wiIhin a -shorelines of the stale," or involves a bond in 1ieu of Iandownen signature (other tban --.Is). Such forest practica require an applicalion. No forest pncûce enumerated below may be conducled as a "C\us U. forest practice if it lakes place on lands plalled atler January 1, 1960, or OR lands bcin& CODvcrtcd 10 another IISC. Such forest practices require a Clau IV application. Clau U formt pradÍCCI arc the f01Jowinc: (a) Reœwal of a prior Class U noti1icaIion. (b) RcnewaI of a prcvjously approved Class III or IV forest practice appücatioø wileR: (i) No modification of the uncompleled operation is propo8Cd: (ü) No noIieca 10 comply, slop work orden or other ~ actions arc ouIIIandinC with rapec:t 10 the prior applica1ion: and (ill) No change in the na1Urc and extall of the forest practicc is required unda rules eftcctive AI the ÛIIII: of .-I, ~(c) Any of the folJowinl if none of the opcntion or IimiIa of COJIIInICÛOD taka placc within the riparian manapmcnl zone of a Type 2 or 3 W8lI:r, within Ibc ordinuy hi&I\:wata' mart of a Type 4 W8lI:r. wItIúss . wftIaad -- -- or wItbia. wwdud: (i) CoøIIruction of acMoce fire trails. (ü) Opcainc a nøw pir of, or cataldiøl an ~ pir by, less tban 1 8QR. ~(d) Any of the followinC if none of the operation or IimiIa of COIIItrUdion taka placc within the riparian -pmcnI ZOllO of a Type 2 or 3 W8lI:r. wiIbin Ibc ontiøary hi&I\:wata' mart of a Type 4 W8lI:r. wIthIII . _INIIIUI_-- -- or widdIS. -""": and if IIOIIC of the opcn1ÎOIII involve ofJ-ro8d 1180 of tradlDr or wIscdcd sIåddiIIa .,- 08 . IidcaIope of paIa' tban 40 pcrccat: SaJva&e of Ioaia8 raiduc. ~(e) Any of the followina if none of die opcntion 01' timiIa of -- taka pIMe wiIbia the riparian -pmcnI zone of. Type 2 or 3 Wallr. widIia Ibc ordi8uy ~ mart of a Type 4 Water. wIthisa . wftIaad ........- -- or wItIúa. _INI and if none of Ibc opentions invohe off-1'O8II 1180 of tradOr or ~ slåddiDl .,- OR a aidc8Iope of paIa' tban 40 percent, and if DDIIC of the opa1IIions - located 08 I8ada wö . IiIœIihood of fUIun: convcnion (see WAC 222-16-060): (i) West of die Cuc:adc 1IIIDIIÛt, putial cuIIÎII& of 40 ~ or .... of Ibc live Wnbu volume. (ii) Eut of the Cuc:adc 1'UIIIIId, putial cIIIIin& of 5,000 baud feet ,. acno 01' less. (ill) Sa1va¡c of dead, dowa. or dyinc timIIu if lea tban 40 ~ of Ibc IoIal timber volume is _wed in any 12-ø1O111b peñxI. (iv) Any barvcst 011 lea tban 40 &era. (v) CoøIIruction of 600 or more feet of I'08Il. pmvidod IbaIIbc dqIuImcat sbaI1 be DOIificd Alicul 2 blllineu dayI bcfoIc commalCClllCllt of Ibe COIIIIIUCtioo. .... . e' ..' ~""'~"""".~"--~",,.. "" '--""'>"'~"': (S) .a..us m. ..... ....... ... IiII8d -- a... IV. I., a .... - "alii ... ..... ....... A-. au. 1D ..... pnaIÍØ8I .... dI8 ~ (al no........ ~ proj8It ap W'ØftI CRCW '7S.20.IOO). ~) no. ..... die ..... of die - ocbar diu! dso8a ÍIII au. 1 """"'" ~e) Aaia1 appIioIIina of ía8ed8cid08. øoept .... cIa8iIad .. . au. IV .... ........ ~(dl Aerial apptic8Iioa of cbemicaII (øoept iu ~ ~liI: i" ~). øoept .... ciIIIi6ad .. au. 1 ., IV rnrat pracQcca. ~(e) Harvest or saIvap of Wnbu accpt when cIu8od II CIu8 I. U 01' IV .... pncQœi. ~(f) All road -.aIJUCCioa and rax>IIItrUCtioa CXIOCpt .. ~ ÍII ea- I. n ..... IV -- pnoâroeI. (a) Opcnina of new piIa or --- of exioIía& pill - 1 acro. ' ~(b) Road -m......- involvin&: (i) R.:pIaccmcaI of bridacs or culvert8 acron Type 1. 2, 3. 01' IIowía& Type 4 Walen; or (ii) Mov- of maIcria1 tha1 has . direct potaJâa1 fOr --. Type I, 2, 3 or fIowia& Type 4 Walen 01' 'hoe A'OI' B w""'-. (i) 0pcraIi0n1 involving an appIicaDt's bond in lieu of a ~'I sip8wre. OJ Site prepuation or slash abaIcmcut not ~ in CIauœ 1 or IV bat pnoâroeI. (k) Harvcstina. road consIn1cûon. aile preparation or aerial appIicaâoD of pe8Iicidcs on lands which conIain cultural, historic or archaeological rcsourcca which, AI die ÛIIII: the appIicaâoD or noIification is filed, arc: (i) On or are eligible for listing on the National RqisIcI' of Historic Places; or (ü) Have been identified 10 the ~ as being of inIaat to an .tfectcd Indian tribe. (I) HarvcstÎIII exceeding 19 acres in . designated difficuk rcgencraIion area. (m) Utilizalion of an aIIemaIe plan. See WAC 222-12~. ~ AD,. fiI1ÎH of wftIaDds. ~ent where dassif'Jed as daD IV forert Dradiœs. WAC 222-16-060 Lands with a Likelihood of Future Conversion. j,J 1C- z Z- z - 20 - o</,o ~Oý~ 4-0 {¡I~! (h) Any exercise of local government entity authority consistent with this subsection shall be considered consislcnl with the forest practices rules in this chapter, . (4) LEAD AGENCY MITIGATION MEASURES, (a) This subsection is designed 10 specify procedures for a mitigated DNS process that are c:onsislcnl with chapters 76.09 and 43.21C RCW and the rub in Tille 222 WAC and chapter 197-11 WAC. (b) This subsection applies to all Class IV app1ications in which the department i& DOt the lead agcm:y under SEPA. (See WAC 197-11- 758.) (e) The department shall transmit the application to the lead agency wiIhin IWO busincu days from the date the department rcecivcs the application. (d) The lead agency may specify mitigation measures pursuant to WAC 197-11- 350. (e) Tbc lead agency diJahold clclcrmDtation and any miligatiòn ..-sures must be Ii1cd with the ck!p8rtmcnt witfUII die later of (i) tWenty-nine days of the receipt of the application by the dcp&r1ment, (ii) foUJtCcn b...incss days of the tJusmiaa1 of thè application to the lead aga¡cy if the lead acencJ i& a 1oo:a1 ~ cnûIy; or (iii) one clay before the dc:partmcnt acts on the app1ication. (I) Unless the applicant e~ or changes the application to iDclude mìIiptioa measures spcci6ed by \he lead agency, the ~ - dca1 tile appIicatioa or require an EIS. (See WAC In-H-m.) (&) If the dc:partmcnt docs nof receive. direshold ddctminatioø from the lead agency by the time it - 8Ct on the applica&ion, Ihc ~ sba1I dcIIy the application- . [Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. '1-23- 052, 1222-20-040, filed. 11/15/91, efTcc:tivè 12116/91, SWulðry AIIIbony: RCW 76.09.040.87-23-036 (Orda' 535), 1222-20-040, Ii1cd 11/16187, elJective 1/1188; Ordr:r 263, f22.2-20-040, filed 6116176.' W AC 21Z-1~SO Con...ersion to Nonforest Use. (I) If lID application 10 harveot signed by the landowner indicates that wiIhin 3 yean after completion, the forest land w:iI1 be converted to a specifJCd ac:ûve use wlûch is incompatible with timber crowing, the reforcsÞtion requimnents of these regulations shaD not apply and the information relating to rcforcstalion on the application form need DOt be supplied. H~, Ü such spcc:ificd active use is not initialed within 3 ycan after such harveot is compIdcd, the reforcsÞtion requirements (See chapter 222-34 WAC) shall apply and such reforatation shall be complcled wiIhin 1 additional year. (2) For Class ß, ill, and IV special forest practic:es. if a landowner wishes to maintain the opCion for convenion to a use other than COIlUllCn:ia1 timber operation the landowner may request the appropriate 1oo:a1 govemmcat entity to approve a convcniol! option harveot plan. This plan, Ü appro\'ec1 by the local aovemmcat cntity and followed by the landowner, shall release the This subsection details the manner in which local government SEPA mitigation measures not proposed as condilons under subsec:tion (3) above will be consideral, Local government must makc a threshold determinalion prior 10 the dep8rtmcnt's approval ofthc application. If no determination is made. the cIcpartmcnt must deny the application. The: applicanl must modify their FP application proposal 10 include any miûgalion measures established by local government, Any application proposing 10 convert forest land 10 another use must include a ddaiIcd convenion statement. The: - sbould provide the limits of the c:onvenion area, ~, specific intendc:d uses, etc. The conversion option harvest plan allows Iandownen to preserve their opCion 10 convert their property. Applications -..ld be proc:eascd u Class m's. The plan must be approved by the 1oc:a1 government Clllày with land use aUlhority. This opCion docs not guarantee the ri&ht 10 coavert the land, it docs eliminate the lòca1 government ripllo a six ycar moratorium. 46 \ landowner úom the six-year moratorium on future developmcn1. but does not create any other rights. The conversion option harvest plan shall be attaehed to the app1icalion or noûtication as a c:ondiúon. Violation of the conversion option ¡arVc:It plan will resuJt in the ~ of the local government entity's right to the six-year moratorium. aeforesl81ÎOn rcquïremcnts will not be waived in the conversion option harVest plan. Reforestation regulations shall apply at the comp\clion of the harVest operation as required in chapter 222-34 WAC. Nothing herein shall preclude the local governmeat --y from charging a fee to a¡>prOve such a plan. (See RCW 76.09.060 (3)(b)(i).) (3) If the application does not state that any land covered by the appJicalion will be or is intended to be converted to a specified active use incompatible with colTllßCl'CÏa1 timba' operations and except II provided in su\>leCÛOO (2) of this section. the local government entäy may, for six years after the dale of the appJicalion, refuse to accept. process, or a¡>prOve any or an app1icalions for permiÞ or approvals, including building pc:rmiÞ and subdivision approvals, relating to nonforestrY - of the land subject to the appIica1ion' (See RCW 76.09.060 (3)(b)(i).) {Statutory Authomy: RCW 76.09.040. 76.09,050 and 34.05.350. 91-23-Ø2. 1222-20- 050. filed 11/15/91. effective 12/16/91; Order 263.1222-20- 050. filed 6116176.] I :~~ ::J ':~ '~ '~ .~ "i .# ..1 W AC 221-2~ Deviation from Prior Aot'1icstion or Notification-- Substantial cJevjaIion úom a notific:a1ion or an approved app1icalion requires a revised noûficaIion or app1icalion. Other deviations may be authorized by a supp\emC:ßlal directive. nolice to comply or .top work order. The dc:p8rt111C"I shall notify the departt1ICßtS of fisheries. wildlife and ecology and a{fected Indian tribes and the appropriate county of any supp\emCl1tal dïrective. notice to comply or stop work order involving a deviation úom a prior notific:a1ion or approved app1icalion. except where such notice has been waived. (Statutory Authority: RCW 76.09.040.87-23-036 (Order 535), 1222-2().()60, filed 11/16187, effective 1/1/88; Order 263, 1222-2().()60, filed 6116176.] WAC 22.2-26-070 F.mergencv Forest Practices... No prior notifteation or application shan be required for emergency forest practicc:l necessitated by and commenced during or immediately after fue, flood, windstonn. earthquake, strUctural failure or other catastrophic event. Within 48 boun after commencement of luch practice, the operator shall submit an application or noûfacation to the departI1ICI1t with an exp1ana1ion why emergency action was ncceuary. Such emergency forest practices are subject to these regulations: PROVIDED. HOWEVER. 'That the operator may take any reasonable action to minimize damage to forestlands, limber or public resources from the direCt or indirect effects of the catastrophic event and: PROVIDED FURTHER, The operator lhan comply with any requirements of a notice to comply or stop work order as if conducted pursuant to an approved application. .' . :1 -,) .~ ',4 ,~ '-... -J ,:j ,'" .';) .~ '1 'f~ ~~ ~ ~~ 'JII _::,~ :~ -:,.~ .~'1- .":i This subsection clarifies the local government right to exercise the moratorium when the land has been ¡arveIIed uodet' a Class m apptication- This right can be modified as per lubscction (2) above. 47