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HomeMy WebLinkAbout2019 09 10 JCC Amendments App C DRAFTDraft: 9/10/2019 V6 Page 1 of 38 Proposed Amendments to Existing JCC Appendix C Amendments to the Jefferson County Code Chapter 12.10 ROAD VACATIONS 12.10.060 Department of community development – Duties. (1) The department of community development shall review the petition and prepare a written report that includes: (a) The road vacation’s consistency with the Jefferson County comprehensive plan and any other applicable plans, policies, or ordinances; (b) Whether environmentally sensitive areas exist in the vicinity which might be affected by the vacation; and (c) Any other applicable facts or information. This report shall be submitted to the department of public works for inclusion in the staff report. The department of community development may also submit to the department of public works a bill for costs in conducting their review and developing their report. (2) The Jefferson County department of community development shall establish the date and place of the public hearing with the hearing examiner. The Office of the Hearing Examiner shall establish the date and place of the public hearing with the hearing examiner. This date shall be selected in accordance with the Jefferson County hearing examiner’s regular schedule. This date shall be selected in accordance with the Hearing Examiner’s Rules of Procedure. The Jefferson County department of public works shall ensure that notice of the public hearing is published in a newspaper having countywide circulation at least once a week for two consecutive weeks prior to the fixed date of the hearing. Chapter 18.05 INTRODUCTORY PROVISIONS Sections: 18.05.010 Title. 18.05.020 Authority, purpose, and scope. 18.05.030 Code administration – Purpose. 18.05.040 Department of community development – Duties and responsibilities. 18.05.050 Planning commission – Duties and responsibilities. 18.05.060 Department of public works – Duties and responsibilities. 18.05.070 Department of environmental health – Duties and responsibilities. 18.05.080 Hearing examiner. (Repealed) Draft: 9/10/2019 V6 Page 2 of 38 Proposed Amendments to Existing JCC 18.05.085 Hearing examiner rules of procedure. (Repealed) 18.05.090 Establishment of land use districts. 18.05.100 Official maps. 18.05.110 Land use district boundaries. 18.05.120 Critical area maps. 18.05.130 Applicability. 18.05.140 Water and sewer. 18.05.150 Applicability of Shoreline Master Program. 18.05.160 Applicability of permit requirements. 18.05.170 Nonconforming uses or structures. 18.05.180 Building code. 18.05.190 Subarea plans. 18.05.200 Minimum standards. 18.05.210 Title and headings not law. 18.05.220 Severability clause. 18.05.230 Waiver. 18.05.080 Hearing examiner. (1) Office Created. (a) Pursuant to RCW 35.63.130 and 36.70.970, the separate office of the Jefferson County hearing examiner (hearing examiner) is created and established. (b) The hearing examiner shall exercise the authority designated in Chapter 18.40 JCC for the land use matters set forth in this section. (c) Hearings held by the hearing examiner shall constitute the hearings required by state law for such land use matters. (d) Unless the context requires otherwise, the term “hearing examiner” used in this code shall include hearing examiners pro tempore. (2) Appointment – Qualifications – Terms. Draft: 9/10/2019 V6 Page 3 of 38 Proposed Amendments to Existing JCC (a) The Jefferson County board of commissioners shall appoint the hearing examiner solely with regard to qualifications for the duties of such office and the persons so appointed shall have such training or experience as will qualify them to conduct administrative or quasi-judicial hearings on land use regulatory matters. (b) The terms of appointment for the hearing examiner shall be pursuant to their respective contracts executed with the board of commissioners. (c) The office of the hearing examiner shall be under the administrative supervision of the hearing examiner. The office shall be separate and distinct from any other county officer or department. (d) The hearing examiner shall hold no other appointive or elective public office or position in county government except as provided in JCC 18.05.030 through 18.05.080. (3) Appointment of Hearing Examiners Pro Tempore. The board of commissioners may appoint one or more hearing examiners pro tempore to act in the absence of the regular hearing examiner. Such appointment shall be from qualified applicants to be recommended by the hearing examiner as applicable. Hearing examiners pro tempore, when acting in such capacity, shall have all powers and duties of the hearing examiner as prescribed in this code or elsewhere. (4) Hearing Examiner – Conflict of Interest and Freedom from Improper Influence. (a) The hearing examiner shall not conduct or participate in any hearing or decision in which the hearing examiner has a direct or substantial financial interest. (b) No member of the board of commissioners, county official or any other person shall attempt to influence or in any way interfere with the examiner in the performance of their designated duties. (5) Hearing Examiner – Powers. (a) Hearing Examiner. As more specifically set forth in Chapter 18.40 JCC, the hearing examiner shall have the authority to conduct open record predecision and open record appeal hearings and prepare a record thereof, and enter written findings and conclusions, and decisions for the following land use matters: (i) Applications for reasonable economic use variances; Draft: 9/10/2019 V6 Page 4 of 38 Proposed Amendments to Existing JCC (ii) Applications for planned rural residential developments (PRRDs); (iii) Applications for shoreline substantial development permits, and conditional and variance permits under the Jefferson County Shoreline Master Program; (iv) Applications for plat alterations and vacations; (v) Applications for long subdivisions; (vi) Applications for conditional use permits; (vii) Applications for variances; (viii) Application for wireless telecommunications facilities; (ix) Appeals of administrative decisions releasing six-year Forest Practices Act (FPA) moratoria; (x) Appeals of administrative decisions regarding cottage industries; (xi) Appeals of administrative short subdivision decisions; (xii) Appeals of administrative binding site plan decisions; (xiii) Appeals of administrative conditional use permit decisions; (xiv) Appeals of administrative variance decisions; (xv) Appeals of administrative decisions regarding substantial development permits under the Jefferson County Shoreline Master Program; (xvi) Appeals of administrative decisions regarding permits for wireless telecommunications facilities; (xvii) Appeals of formal Unified Development Code interpretations made by the administrator; (xviii) Appeals of SEPA threshold determinations made by the responsible official; and (xix) Any other matter designated by this code or other county ordinance. Draft: 9/10/2019 V6 Page 5 of 38 Proposed Amendments to Existing JCC (b) Criteria for Review. Conditions of Approval. As more specifically set forth in Chapter 18.40 JCC, the decisions of the hearing examiner shall be based upon the policies of the Jefferson County Comprehensive Plan, the Shorelines Management Act, the State Environmental Policy Act, the standards set forth in this code and any other applicable land use plans or ordinances adopted by the board of commissioners. The hearing examiner is empowered to attach reasonable conditions found necessary to make a project compatible with its environment and to carry out the goals and policies of the Comprehensive Plan, the Shoreline Master Program, or other applicable plan or program adopted by the board of commissioners. Such conditions may include but are not limited to the following: (i) Exact location and nature of development, including additional building and parking area setbacks, screenings in the form of landscaped berms, landscaping, or fencing; (ii) Impact of the development upon other lands; (iii) Hours of use of operation or type and intensity of activities; (iv) Sequence and scheduling of development; (v) Maintenance of the development; (vi) Duration of use and subsequent removal of structures; (vii) Granting of easements for utilities or other purposes and dedication of land or other provisions for public facilities, the need for which the hearing examiner finds would be generated in whole or in significant part by the proposed development; (viii) Mitigation of any adverse environmental impacts; (ix) Provisions that would bring the proposal into compliance with a policy(ies) of the Comprehensive Plan; and (x) Mitigating conditions authorized by any other provision of this code or other provision of local, state or federal law. (c) Procedural Rules. The hearing examiner shall have the power to prescribe rules and regulations concerning procedures for hearings authorized herein, subject to confirmation by the board of commissioners, to issue summons for and compel the appearance of witnesses, to administer oaths and Draft: 9/10/2019 V6 Page 6 of 38 Proposed Amendments to Existing JCC to preserve order. The privilege of cross-examination of witnesses in open record hearings shall be accorded all interested parties or their counsel in accordance with rules of the hearing examiner. (6) Standards of Review – Hearing Examiner. (a) Matters in which the hearing examiner is empowered to make a final decision on a project permit application (i.e., following an open record predecision hearing) or on an appeal of a formal Unified Development Code interpretation made by the administrator (i.e., following an open record appeal hearing) shall be subject to a de novo standard of review. (b) Matters in which the hearing examiner is empowered to make a final decision on an appeal of a decision of the administrator on a project permit application or on an appeal of a decision of the SEPA responsible official (i.e., following an open record appeal hearing) shall be subject to a clearly erroneous standard of review. 18.05.085 Hearing examiner rules of procedure. (1) Conflicts Among Authorities. These rules may conflict with other sources or authorities of law. The order of precedence applicable to such conflict situations shall be (from top to bottom) as follows: (a) State or federal constitution; (b) State or federal statutes; (c) State or federal regulations; (d) State or federal published case law; (e) UDC or other applicable duly enacted Jefferson County ordinance; (f) These rules. Thus, for example, to the extent these rules conflict with the UDC, then the applicable UDC provision shall apply. (2) Definitions. The following definitions apply for the purposes of this section: (a) Aggrieved Person. A person or entity is deemed to be an “aggrieved person” only when all of the following conditions are present: Draft: 9/10/2019 V6 Page 7 of 38 Proposed Amendments to Existing JCC (i) The decision being challenged has prejudiced or is likely to prejudice that person or entity; (ii) The person or entity’s asserted interests are among those that the county was required to consider when it made the decision; and (iii) A judgment or decision in favor of that person or entity would substantially eliminate or redress the prejudice to that person or entity caused or likely to be caused by the challenged decision. (b) “BOCC” means the board of county commissioners for Jefferson County, the county legislature for the municipal corporation known as Jefferson County or any subsequently created or approved legislative body for Jefferson County. (c) “Comprehensive Plan” means the 1998 Jefferson County Comprehensive Plan and Land Use Map as now adopted and as may be amended in the future. (d) “Ex parte communication” means any written or oral communication between an aggrieved person or a government agency and a hearing examiner that was made outside of public hearing and was not included in the public record. (e) “Hearing examiner” means the hearing examiner. (f) “Hearing” means an open record predecision hearing before a hearing examiner. By way of example only, the term “hearing” includes appeals based upon the UDC, the State Environmental Policy Act (or “SEPA”) and road vacation requests directed to and handled by the county’s department of public works. (g) “Interested citizen” means any person or entity that has: (i) Asked for a copy of a written hearing examiner decision by either requesting (in writing) such documents from the Jefferson County department of community development or has signed a register provided for such purpose at an open record predecision hearing; or (ii) Made comments (written, oral or otherwise) during an open record predecision hearing. (h) “Party” means an aggrieved person (as defined above) who has filed the fee required by Jefferson County ordinance to initiate or generate the hearing process. The applicant and the Jefferson County agency that provided one or more reports to the hearing examiner shall be considered parties to the hearing. Those persons or entities meeting the definition of “interested citizen” above shall not be Draft: 9/10/2019 V6 Page 8 of 38 Proposed Amendments to Existing JCC considered to be a “party” for the purposes of this section unless they also meet the definition of “aggrieved person” listed above. For the purposes of hearings relating to road vacations, the petitioner requesting the road vacation shall be considered a “party” as that term is defined in this section. (i) Timely Submissions. Written submissions to the hearing examiner shall be considered timely if the submission is sent to the hearing examiner (via paper or electronically) seven days before the date of the hearing. A submission is deemed to be sent when it is either sent electronically or possession of the submission in paper form is transferred to the United States Postal Service or any private document carrier. (j) “UDC” means the Unified Development Code, a set of development regulations derived from the Growth Management Act, the county’s Comprehensive Plan that were made effective as of January 16, 2001, as they are now adopted and as they may be amended, replaced or revised in the future. (3) Standing. Only an “aggrieved person,” as that term is defined in this section, shall have the authority (legally known as “standing”) to come before the hearing examiner and seek a remedy or resolution from the hearing examiner. A determination by the hearing examiner that a person or entity holds or lacks standing can be appealed pursuant to law. (4) Powers of the Hearing Examiner. The hearing examiner shall have the following powers: (a) To make all rulings, determinations or decisions he or she is permitted to make pursuant to the laws and regulations of this country and this state and the ordinances of Jefferson County and to enter, if necessary, any written or oral order that accomplishes or implements any act the hearing examiner is authorized to do. The authority granted by this section includes, but is not limited to, the authority to approve, deny or remand an application, proposal or decision before him or her or, in the alternative, combine one or more of the three alternatives listed, e.g., approve in part, remand in part. (b) To enter, if necessary, a written or oral order, finding and ruling that a particular person or entity is not an “aggrieved party” as that term is defined in this section and thus does not have standing (in the legal sense) to seek a resolution or remedy from the hearing examiner. (c) To hold the power, while conducting any hearing, to administer oaths, preserve order, limit or not accept repetitious testimony, and to issue summons for and compel the appearance of witnesses and production of documents and/or materials. Draft: 9/10/2019 V6 Page 9 of 38 Proposed Amendments to Existing JCC (d) To have sole discretion to rule on all procedural disputes that arise during a hearing, subject to subsequent appeal if a party decides that decision of the hearing examiner was incorrect factually or legally. (e) To inspect the site which is the subject of a matter before him or her prior to or subsequent to the hearing if he or she deems it necessary to obtain a full understanding of the case. The failure of the hearing examiner to view a site shall not nullify or injure the decision ultimately rendered by that hearing examiner. (f) To review and consider in making his or her decision all “timely submissions,” as that term is defined in this section. He or she shall have full discretion as to whether they will consider submissions that are not timely. (g) To continue proceedings for any good cause he or she deems reasonable and appropriate provided they enter a written or oral order doing so before making their final decision or recommendation. (h) To continue, upon an oral statement of good cause being shown, the current hearing to a specific time, place and date without further notice of that new date, time and place if he or she specifies on the record the time, date and place for the continuation of the hearing. (i) To reopen a hearing after a written decision is rendered but before the applicable appeal period expires if he or she becomes aware that the decision rendered: (i) Was based on fraudulent evidence, misrepresentation or other misconduct by a “party” (as that term is defined in this section); or (ii) Was based upon mistake, misconception of facts, or erroneous application of the law. (j) To set a date for the reopened hearing, but said date must be sufficiently in the future to provide not less than 10 days’ written notice of the time, date and place for the reopened hearing in the official newspaper for Jefferson County and 10 days’ written notice of the time, date and place for the reopened hearing to all “parties” and “interested citizens” as those terms are defined within this section. (k) To set a time and date when the public comment period for a particular matter before the hearing examiner closes or ceases. Draft: 9/10/2019 V6 Page 10 of 38 Proposed Amendments to Existing JCC (l) To dismiss the application or appeal for default if the applicant or appealing party (or their designated representative) fails to appear at the regularly scheduled hearing or the reopened hearing, subject to the applicant or appealing party (or their designated representative) filing a request within seven business days to vacate the default for good cause shown. (m) To impose upon an applicant or appellant (or their designated representative) who is subject to a default but subsequently has that default vacated, the costs associated with providing written notice for the rescheduled hearing date and any costs associated with the initial hearing date that the applicant or appealing party missed or did not appear at. (5) Disqualification or Recusal of Hearing Examiner. Any person acting as a hearing examiner for Jefferson County is subject to disqualification for bias, prejudice, conflict of interest or any other cause for which a judge can be disqualified under the Code of Judicial Conduct. Any “party” or “interested citizen” (as those terms are defined in this section) may request the hearing examiner to disqualify himself or herself as soon as reasonably possible upon discovering potential grounds for disqualification. The hearing examiner shall determine whether to grant the request, stating facts and reasons for their decision. If the hearing examiner is requested to recuse himself or herself but does not, the making of the request by a “party” or “interested citizen” shall not be considered by the hearing examiner when they make their substantive decision. If the hearing examiner believes that his or her relationship to the “parties” (as that term is defined in this section) or his or her financial interest in the subject of the hearing creates the appearance that the proceedings will not be fair, then the examiner must either (a) voluntarily step down from the case; or (b) disclose the relationship or interest on the record and state that he or she has a bona fide conviction that the interest or relationship will not interfere with the rendering of an impartial decision. A hearing examiner’s voluntary decision to recuse himself or herself shall be made as soon as the need for recusal becomes apparent or known to the hearing examiner. Recusal or disqualification of a hearing examiner shall not be necessary or mandated simply because the hearing examiner has considered the same or similar proposal in another hearing, has made a ruling adverse to the interest of a “party” (as that term is defined in this section) in the present or another hearing, or has considered and ruled upon the same or similar issue in the same or similar context. (6) Evidence. Draft: 9/10/2019 V6 Page 11 of 38 Proposed Amendments to Existing JCC (a) Admissibility. The hearing generally will not be conducted according to technical rules relating to evidence and procedure. Any relevant evidence shall be admitted if it is the type which would tend to prove or disprove a material or relevant fact or assertion and would be commonly accepted by reasonably prudent persons in the conduct of their affairs. The rules of privilege shall be effective to the extent recognized by law. Relevant material and reliable evidence shall be admitted. Irrelevant, immaterial, unreliable and repetitious evidence may be excluded at the sole discretion of the hearing examiner, who shall, during the hearing, have full discretion to make evidentiary rulings. (b) Copies. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original. (c) Official Notice. The hearing examiner may take official notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within his or her specialized knowledge. When a recommendation or decision of the hearing examiner rests, in whole or in part, upon the taking of official notice of a material fact not appearing in the evidence of the record, opportunity to disprove such facts so noted shall be granted any affected person making timely notice thereof. (d) Evidence Received Subsequent to the Hearing. If additional evidence is submitted after the public hearing or after the date when public comment will no longer be accepted, such additional evidence will only be considered upon a showing that the evidence has significant relevance and there is good cause for the delay in its submission. All “parties” (as that term is defined herein) will be given notice of the consideration of such evidence and, at the discretion of the hearing examiner, granted an opportunity to review such evidence and file rebuttal arguments regarding that additional evidence. (7) Recording the Hearing. Hearings shall be electronically or digitally recorded and such recordings shall be part of the official case record. Copies of the electronic recordings of a particular proceeding shall be made available to the public upon request and the reasonable cost of such copying shall be paid by the person or party requesting the recording. (8) Obtaining Copies. Copies of any or all documents submitted during a hearing can be obtained by any person or party willing to pay for such copies. (9) Testimony. All testimony before the hearing examiner shall be taken under oath. Draft: 9/10/2019 V6 Page 12 of 38 Proposed Amendments to Existing JCC (10) Rights of Parties. Every party (as that term is defined in this section) shall have the right of proper notice, cross-examination (rebuttal), presentation of evidence, objection and all other rights essential to a fair hearing. Cross-examination shall be permitted to the extent it is necessary for a full disclosure of the facts. (11) Ex Parte Communications Prohibited (and Remedy). No person or entity that is either a “party” or “interested citizen,” as those terms are defined in this section, with respect to a particular petition or application which has been designated for an hearing before the hearing examiner shall communicate ex parte (outside of the record), directly or indirectly, with the hearing examiner concerning the merits of that or a factually related petition or application. This rule shall not prohibit ex parte communications that purely concern procedural matters (e.g., what are the deadlines for a timely submission, where can I get a copy of the hearing examiner rules, what is the address for the county?). No hearing examiner shall communicate ex parte, directly or indirectly, with any person or entity that is either a “party” or “interested citizen,” as those terms are defined in this section, with respect to a particular petition or application which has been designated for a hearing before the hearing examiner concerning the merits of that or a factually related petition or application. Communications about purely procedural matters do not fall within this prohibition. If a substantial prohibited ex parte communication is made to or by the hearing examiner, then such communication shall be publicly disclosed and the hearing examiner shall, within his or her discretion, abstain from participating in any consideration of the matter that was discussed ex parte. Draft: 9/10/2019 V6 Page 13 of 38 Proposed Amendments to Existing JCC Chapter 18.10 DEFINITIONS 18.10.010 A definitions. “Aggrieved party person” means a party of record who can demonstrate the following: (a) The land use decision will prejudice the person; (b) The asserted interests are among those the county is required by county code, federal or state law or regulation to consider in making a land use decision; and (c) The person is a party of record, as defined in JCC 18.10.160; and, (c) (d) A decision on appeal in favor of the person would substantially eliminate or redress the prejudice alleged to be caused by the land use decision. 18.10.030 C definitions. “Calendar day” means any day of the week, including weekends and holidays. When used for computing time, the day shall begin with the first day following the act or event initiating such period of time occurred. When the last day of the period so computed is a Saturday, Sunday, or a county, national, or state holiday, the period shall run until the end of the following business day. 18.10.080 H definitions. “Hearing Examiner” has the same meaning as Examiner in JCC 2.30.030(8). “Hearing Examiner Rules of Procedure” means the Hearing Examiner Rules of Procedure adopted pursuant to JCC 2.30.070. 18.10.160 P definitions. “Parties of record” means the land use permit applicant; persons who have testified at the open record hearing; and any persons who have submitted written comments concerning the application that forms part of the public record (excluding persons who only signed petitions or mechanically produced form letters.) Draft: 9/10/2019 V6 Page 14 of 38 Proposed Amendments to Existing JCC "Parties of record" means persons or entities who wish to receive a copy of the Hearing Examiner's decision and notice of upcoming hearings. "Parties of record" includes the applicant, appellant, petitioner, respondent, their agents and representatives, the county, and persons or entities who: indicate on a sign-up sheet, at a public hearing, that they wish to become a party of record; or, for public hearings specifically advised the Examiner’s Office by individual written letter or electronic mail of their desire to become a party of record. Persons who only signed petitions or mechanically produced form letters may be excluded as parties of record. Chapter 18.40 PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION Sections: Article I. Types of Project Permits 18.40.010 Purpose. 18.40.020 Procedures for processing project development permit applications. 18.40.030 Determination of proper type of procedure. 18.40.040 Project permit application framework. 18.40.050 Joint public hearings (other public agency hearings). 18.40.060 Legislative enactments. 18.40.070 Legislative enactments not restricted. 18.40.080 Exemptions from project permit processing. Article II. Project Permit Applications (Type I – IV) 18.40.090 Preapplication conference. 18.40.100 Development permit application. 18.40.110 Determination of complete application – Additional information and project revision. 18.40.120 Referral and review of development permit applications. 18.40.130 Scope of project review. 18.40.140 Project consistency. Article III. Public Notice Requirements 18.40.150 Public notice – Generally. Draft: 9/10/2019 V6 Page 15 of 38 Proposed Amendments to Existing JCC 18.40.160 Notice of application – When required. 18.40.170 Notice of application – Time of issuance. 18.40.180 Notice of application – SEPA exempt projects. 18.40.190 Notice of application – Contents. 18.40.200 Notice of application – SEPA integration. 18.40.210 Notice of application – Mailing, publication, and posting requirements. 18.40.220 Notice of application – Public comment. 18.40.230 Notice of public hearing. 18.40.240 Additional public notice requirements – Type III preliminary plat actions. 18.40.250 Optional additional public notice. Article IV. Project Review and Approval Processes 18.40.260 Administrative approvals without notice (Type I). 18.40.270 Administrative approval subject to notice (Type II). 18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II decisions). 18.40.290 Board of county commissioners action (Type IV decisions). 18.40.300 Procedures for public hearings. (Repealed) 18.40.310 Reconsideration. (Repealed) 18.40.320 300 Final decision. 18.40.310 Expiration of Applications. (New) 18.40.320 Vesting of Applications. (New) 18.40.325 Suspension, Revocation, or Modification of Permits. (New) Article V. Appeals 18.40.330 Administrative appeals. 18.40.340 Judicial appeals. Article VI. Unified Development Code Interpretation 18.40.350 Purpose. 18.40.360 Submission requirements. 18.40.370 Administrator’s decision. 18.40.380 Time limitation and enforcement. Draft: 9/10/2019 V6 Page 16 of 38 Proposed Amendments to Existing JCC 18.40.390 Appeals of administrator’s interpretations. 18.40.400 Judicial appeal. Article VIII. Conditional Uses 18.40.490 Purpose. 18.40.500 Scope. 18.40.510 Application submittal and contents. 18.40.520 Conditional use permit types – Review processes. 18.40.530 Approval criteria for all conditional uses. 18.40.540 Additional conditions. 18.40.550 Use of property before final decision. 18.40.560 Effective period – Expiration. 18.40.570 Modification of a conditional use permit. 18.40.580 Conditional use permit to run with the land. 18.40.590 Permit suspension or revocation. 18.40.600 Assurance device. Article X. State Environmental Policy Act (SEPA) Implementation 18.40.810 Appeals. Article I. Types of Project Permits 18.40.040 Project permit application framework. Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V Septic permits Classification of unnamed and discretionary uses under Article II of Chapter 18.15 JCC Reasonable economic use variances under JCC 18.15.220 Final plats under Chapter 18.35 JCC Special use permits, such as for siting essential public facilities under JCC 18.15.110 Draft: 9/10/2019 V6 Page 17 of 38 Proposed Amendments to Existing JCC Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V Allowed uses not requiring notice of application (e.g., “Yes” uses listed in Table 3-1 in JCC 18.15.040, building permits, etc.) Release of six-year FPA moratorium for an individual single- family residence under JCC 18.20.160 PRRDs under Article VI-M of Chapter 18.15JCC and major amendments to PRRDs under JCC 18.15.545(3) Final PRRDs under Article VI-M of Chapter 18.15 JCC Jefferson County Comprehensive Plan amendments under Chapter 18.45 JCC Minor amendments to planned rural residential developments (PRRDs) under JCC 18.15.545 Cottage industries under JCC 18.20.170 Shoreline substantial development permits, for secondary uses, and cConditional use permits, and variance permits under the Jefferson County Shoreline Master Program (SMP) Amendments to development regulations including amendments to this UDC and the Land Use Districts Map Home businesses approved under JCC 18.20.200 Short subdivisions under Article IV of Chapter 18.35 JCC Plat alterations and vacations under JCC 18.35.030(3) Amendments to the Jefferson County SMP Temporary outdoor use permits under JCC 18.20.380 Binding site plans under Article V of Chapter 18.35 JCC Long subdivisions under Article V of Chapter 18.35 JCC Subarea and utility plans and amendments thereto Stormwater management permits under JCC 18.30.070 Administrative conditional use permits under JCC 18.40.520(1) and [i.e., listed in Table 3-1 Discretionary conditional use permits under JCC 18.40.520(2) [i.e., listed in Table 3- Development agreements and amendments thereto under Article XI of this chapter Draft: 9/10/2019 V6 Page 18 of 38 Proposed Amendments to Existing JCC Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V in JCC 18.15.040 as “C(a)”]. 1 in JCC 18.15.040 as “C(d)”] where required by administrator Road access permits under JCC 18.30.080 Discretionary conditional use permits under JCC 18.40.520(2) [i.e., listed in Table 3-1 in JCC 18.15.040 as “C(d)”] unless Type III process required by administrator Conditional use permits under JCC 18.40.520(3) (i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C”) Master plans for master planned resorts Sign permits under JCC 18.30.150 Minor variances under JCC 18.40.640(1) Major variances under JCC 18.40.640(2) Boundary line adjustments under Article II of Chapter 18.35 JCC Administrative conditional use permits, under Jefferson County SMP, JCC 18.25.260(2) listed in JCC 18.25.220, Table 18.25.220 as “C(a)” Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42 JCC Discretionary conditional use permits under Jefferson County SMP, JCC Draft: 9/10/2019 V6 Page 19 of 38 Proposed Amendments to Existing JCC Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V 18.25.260(3) listed in JCC 18.25.220, Table 18.25.220 as “C(d)”, unless Type III process required by administrator Minor adjustments to approved preliminary short plats under JCC 18.35.150 Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42 JCC Major industrial development conditional use approval under Article VIII of Chapter 18.15JCC Forest practices release of a moratorium under Chapter 18.20 JCC Minor amendments to approved preliminary long plats under JCC 18.35.340 Small-scale recreation and tourist (SRT) uses in SRT overlay district under JCC 18.15.572. Plat alterations under JCC 18.35.670. Appeals of enforcement actions under Chapter 18.50JCC Site plan approval advance determinations under Article VII of this chapter and boundary line agreements under Article VIII of Chapter 18.35 JCC Exemptions under the Jefferson County SMP Draft: 9/10/2019 V6 Page 20 of 38 Proposed Amendments to Existing JCC Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V Revisions to permits issued under the Jefferson County SMP 1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration section). Table 8-2. Action Types – Process Project Permit Application Procedures (Types I – IV) Legislative Type I Type II Type III Type IV Type V Recommendation made by: Project planner Project planner Project planner N/A Planning commission1 Final decision made by: Administrator Administrator Hearing examiner Board of county commissioners Board of county commissioners Notice of application: No Yes Yes No N/A Open record public hearing: No Only if administrator’s decision is appealed, open record hearing before hearing examiner Yes, before hearing examiner, prior to permit decision by the hearing examiner No Yes, before planning commission to make recommendation to board of county commissioners Draft: 9/10/2019 V6 Page 21 of 38 Proposed Amendments to Existing JCC Table 8-2. Action Types – Process Project Permit Application Procedures (Types I – IV) Legislative Type I Type II Type III Type IV Type V Closed record appeal/final decision: No No No N/A Yes, or board of county commissioners could hold its own hearing Judicial appeal: Yes Yes Yes Yes Yes2 1Type V land use actions are subject to review and recommendation by the planning commission. However, utility plans and moratoria and interim zoning controls adopted under RCW 36.70A.390 are not subject to review and consideration by the planning commission. 2Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings Board (WWGMHB) is authorized to hear and determine petitions alleging that the county is not in compliance with the requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or Chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW 36.70A.295. If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration section). SUMMARY OF DECISION-MAKING Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically exempt under SEPA, then, administrative with notice. Type II: Administrative with notice. Final decision by administrator unless appealed. If appealed, open record hearing and final decision by hearing examiner. Type III: Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner. Appeal to superior court. Draft: 9/10/2019 V6 Page 22 of 38 Proposed Amendments to Existing JCC Type IV: Closed record decision by board of commissioners during a regular public meeting. Type IV decisions are purely ministerial in nature (see Article IV of Chapter 18.35 JCC). Type V: Except for utility plans, notice and public hearing before planning commission, with planning commission recommendation to board of commissioners. Notice of public hearings provided prior to final legislative decisions (see Chapter 18.45 JCC). 18.40.080 Exemptions from project permit processing. (1) Applicability. Whenever a permit or approval in the Jefferson County Unified Development Code has been designated as a Type II, III or IV permit, the procedures set forth in Articles I through IV of this chapter shall be followed in project permit processing. The following permits or approvals are specifically excluded from the procedures set forth in this chapter: (a) Landmark designations; (b) County road vacations; and (c) As authorized under RCW 43.21C.031 (2)(a), public works projects identified as planned actions in the Jefferson County Comprehensive Plan or any amendments thereto. Planned actions are those public or private projects specifically identified by county ordinance or resolution adopted after environmental review conducted in conjunction with the adoption or annual amendment of the Comprehensive Plan. (2) Exemptions. If categorically exempt under SEPA, Chapter 43.21C RCW, Type I permits shall not be subject to the following provisions contained in this chapter1: (a) The notice of application requirements of JCC 18.40.150 through 18.40.220; (b) Except as provided in RCW 36.70B.140, optional consolidated project permit review processing under JCC 18.40.030(2); (c) Joint public hearings under JCC 18.40.050; and (d) A single report stating that all decisions and recommendations made as of the date of the report on all project permits included in the consolidated permit process that do not require an open public record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing, as further set forth in RCW 36.70B.060(5). Draft: 9/10/2019 V6 Page 23 of 38 Proposed Amendments to Existing JCC (3) Notice of Decision. Unless the applicant waives the time deadlines in writing, all Type I permits shall should be processed within 120 calendar days after the applicant files a complete application, subject to JCC 18.40.110. Article III. Public Notice Requirements 18.40.150 Public notice – Generally. (1) Public notice is not required for Type I projects that are categorically exempt from SEPA. If not SEPA exempt, Type I projects are subject to the notice of application and SEPA notice requirements set forth in JCC 18.40.160 through 18.40.220 and Article X of this chapter. (2) Public notice of the notice of application and of the open record predecision public hearing, if any, is required for all Type II and Type III actions. Published notice is not required for closed record public meetings before the county commissioners (i.e., Type IV approvals of long plats and PRRDs), because no new testimony or evidence is allowed at such meetings or hearings. Mailed notice of closed record public hearings shall be provided to all parties of record. (3) Public notice is not required for other Type IV actions because no public hearing is held. (4) Public notice of Type V legislative actions must be published as described in Chapter 18.45 JCC and as required by state law. (5) The applicant shall be responsible for all costs of public notice. [Ord. 8-06 § 1] 18.40.170 Notice of application – Time of issuance. The administrator shall issue the notice of application within 14 calendar days of issuing the determination of completeness. If an open record predecision public hearing is required for the requested project permit(s), the notice of application shall be issued at least 15 calendar days prior to the public hearing. [Ord. 8-06 § 1] 18.40.180 Notice of application – SEPA exempt projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. A notice of application shall be required for all Type II projects, regardless of whether such projects are exempt from SEPA. [Ord. 8-06 § 1] Draft: 9/10/2019 V6 Page 24 of 38 Proposed Amendments to Existing JCC 18.40.190 Notice of application – Contents. The notice of application shall include the following: (1) The name and address of the applicant or the applicant’s representative; (2) The date of application, the date of the notice of completion for the application, and the date of the notice of application; (3) The street address location of the project or, if unavailable, a description of the subject property reasonably sufficient to inform the public of its location, which may include a vicinity location (map), the location in reference to roadway intersections, or a written description (rural route box or subdivision lot and block alone are not sufficient); (4) A description of the proposed project action, use or development and a list of project permits included in the application and, if applicable, a list of any additional studies requested under JCC 18.40.110(6); (5) The identification of state, federal or other permits required by other agencies with jurisdiction not included in the application, to the extent known by the county; (6) The identification of existing environmental documents that evaluate the proposed project, and the location of where the application and any studies can be reviewed; (7) The name and phone number of the contact project planner; (8) A statement of the limits of the public comment period, which shall be 14 calendar days following the date of the notice of application (or 20 or 30 calendar days if the application involves a permit under the Jefferson County Shoreline Master Program, as further set forth in JCC 18.40.220); (9) Statements of the right of any person to comment on the application, become a party of record, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights; (10) A statement of the preliminary determination, if one has been made at the time of the notice of application, of the proposed project’s consistency with applicable development regulations and of those development regulations that will be used for project mitigation, as provided in RCW 36.70B.040 and JCC 18.40.140; (11) Pursuant to WAC 197-11-355, a statement on the first page of the notice of application that: Draft: 9/10/2019 V6 Page 25 of 38 Proposed Amendments to Existing JCC (a) The optional DNS process of WAC 197-11-355 is being used; (b) This may be the only opportunity to comment on the environmental impacts of the proposal; (c) The proposal may include mitigation measures under applicable development regulations, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and (d) A copy of the subsequent threshold determination may be obtained upon request, and will be mailed to any person commenting upon the notice of application. In addition, the notice of application shall list the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected; (12) The date, time, place and type of hearing, if applicable, and if scheduled prior to the date of the notice of application; (13) A statement of when and where a copy of the application, all supporting documentation and evidence relied upon by the applicant, and applicable development regulations may be available for public inspection; and, (14) A statement that a copy of the staff report will be available for inspection at no cost to the public at least seven calendar days prior to the public hearing (if applicable); and (1514) Any other information the administrator determines appropriate. Article IV. Project Review and Approval Processes 18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II decisions). (1) The hearing examiner shall review and make findings, conclusions and a decision on all Type III permit applications and appeals listed under 18.40.280(3)(b) of Type II decisions. (2) For Type III actions, the administrator shall prepare a staff report on the proposed development or action summarizing the and considering timely public comments, and summarizing and considering recommendations of county departments, and affected agencies or and special districts, and evaluating the development’s consistency with this Unified Development Code, adopted plans, and regulations. The staff report shall include Draft: 9/10/2019 V6 Page 26 of 38 Proposed Amendments to Existing JCC proposed findings, conclusions, and recommendations for disposition of the development application. The staff report shall include and consider all written public comments on the application. (3) Upon receiving a recommendation from the administrator or notice of any other matter requiring the hearing examiner’s attention (e.g., an appeal of a Type II administrative decision), the hearing examiner shall perform the following actions as appropriate: (a) Hold an open record predecision hearing on a Type III permit application and make a decision after reviewing the recommendation of the administrator; or (b) Hold an open record appeal hearing and make a decision on the following matters: (i) Appeals of Type II administrative decisions; (ii) Appeals of administrative interpretations made under Article VI of this chapter; (iii) Appeals of SEPA threshold determinations made pursuant to Article X of this chapter (other than determinations of significance); and (iv) Other matters not prohibited by law. (4) The hearing examiner shall conduct a public hearing on all Type III development proposals and appeals listed under 18.40.280(3)(b). of Type II administrative decisions for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal or appeal, and evaluating the proposal or appeal for consistency with this Unified Development Code, adopted plans and regulations. Notice of the hearing examiner hearing shall be in accordance with JCC 18.40.230. As applicable, all appeals of administrative interpretations made under Article VI of this chapter, and appeals of SEPA threshold determinations made under Article X of this chapter (other than determinations of significance (DS)) shall be considered together with the decision on the project application in a single, consolidated public hearing. (5) In addition to the approval criteria listed elsewhere in this Unified Development Code, the hearing examiner shall not approve a proposed development unless he/she first makes the following findings and conclusions: (a) The development adequately mitigates impacts identified under Articles VI-D through VI-I of Chapter 18.15 JCC (i.e., environmentally sensitive areas) and Article X of this chapter (i.e., SEPA implementing provisions); Draft: 9/10/2019 V6 Page 27 of 38 Proposed Amendments to Existing JCC (b) The development is consistent with the Jefferson County Comprehensive Plan and meets the requirements and intent of this Unified Development Code; (c) The development is not detrimental to the public health, safety and welfare; (d) For subdivision applications, findings and conclusions shall be issued in conformance with Chapter 18.35 JCC and RCW 58.17.110. (6) In the hearing examiner’s decision regarding Type III actions and appeals of Type II administrative decisions, the hearing examiner shall adopt make written findings and conclusions. (a) The hearing examiner’s decision following closure of an open record predecision public hearing on a Type III action shall include one of the following actions: (i) Approve; (ii) Approve with conditions; (iii) Deny without prejudice (reapplication or resubmittal is permitted); or (iv) Deny with prejudice (reapplication or resubmittal is not permitted for one year). (b) A hearing examiner’s decision following an open record appeal hearing on a Type II administrative decision, on a SEPA threshold determination on a Type II administrative decision, or on a SEPA threshold determination on a Type III permit decision shall include one of the following actions: (i) Grant the appeal in whole or in part; (ii) Deny the appeal in whole or in part; or (iii) If appropriate, in a proceeding involving a SEPA appeal of a threshold determination consolidated with the hearing on a Type III permit application, continue the open record public hearing pending SEPA compliance. (c) The hearing examiner decision shall be issued within 10 working days unless a longer period is agreed upon by the hearing examiner and the applicant. [Ord. 8-06 § 1] Draft: 9/10/2019 V6 Page 28 of 38 Proposed Amendments to Existing JCC 18.40.300 Procedures for public hearings (Repealed) Public hearings (including open record appeals of Type II decisions and open record predecision hearings on Type III permit applications) shall be conducted in accordance with the hearing examiner’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the hearing examiner will base his/her decision. In cases where scientific standards and criteria affecting project approval are at issue, the hearing examiner shall allow orderly cross-examination of expert witnesses presenting reports and/or scientific data and opinions. The hearing examiner may address questions to any party who testifies at a public hearing. The hearing examiner shall open the public hearing and, in general, observe the following sequence of events: (1) Staff presentation, including submittal of any administrative reports. The hearing examiner may ask questions of the staff; (2) Applicant presentation, including submittal of any materials. The hearing examiner may ask questions of the applicant; (3) Testimony or comments by the public germane to the matter; (4) Rebuttal, response or clarifying statements by the staff and the applicant; (5) The evidentiary portion of the public hearing shall be closed and the hearing examiner shall deliberate on the matter before him/her; (6) Pursuant to RCW 36.70.970, each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the Jefferson County Comprehensive Plan, this Unified Development Code and any other applicable county development regulations. Each final decision of the hearing examiner, unless the applicant and hearing examiner mutually agree to a longer period in writing, shall be rendered within 10 working days following conclusion of all testimony and hearings. 18.40.310 Reconsideration. (Repealed) A party of record at a public hearing may seek reconsideration only of a final decision by filing a written request for reconsideration with the hearing examiner within five business days of the date of the final written decision. The request shall comply with JCC 18.40.330(5)(b). The hearing examiner shall consider the request without public comment or argument by the party filing the request, and shall issue a decision within 10 working days of Draft: 9/10/2019 V6 Page 29 of 38 Proposed Amendments to Existing JCC the request. If the request is denied, the previous action shall become final. If the request is granted, the hearing examiner may immediately revise and reissue his/her decision or may call for argument in accordance with the procedures for closed record appeals. Reconsideration should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. 18.40.32000 Final decision. (1) Finality. All administrative interpretations made pursuant to Article VI of this chapter and Type II and III project permit decisions under this code shall be final unless appealed pursuant to Article V of this chapter. (2) Finding and Conclusions. Each final decision of the hearing examiner and, in the case of certain Type V decisions, as more fully set forth in Chapter 18.45 JCC, the board of county commissioners shall be in writing and shall include findings and conclusions based on the record. (3) Notice of Final Decision. (a) Except for those permits exempted under JCC 18.40.080, upon issuance of the final decision, the administrator shall provide a notice of decision that includes a statement of all determinations made under SEPA and the procedures for administrative appeal, if any, of the permit decision. The notice of decision may be a copy of the report or decision on the project permit application. It shall also state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation fully set forth in RCW 36.70B.130. (b) A copy of the notice of decision shall be mailed, emailed, or hand delivered to the applicant, any person who, prior to the rendering of the decision, requested notice of the decision, and to all persons who submitted substantive written comments on the application. The notice of decision shall be provided to the Jefferson County assessor. (4) Timing of Notice of Final Decision. The final decision on a development proposal shall should be made within 120 calendar days from the date of the determination of completeness unless: (a) Certain days are excluded from the time calculation pursuant to subsection (5) of this section; (b) The application involves a shoreline permit application for limited utility extensions (RCW 90.58.140(13)(b)) or construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion. In those cases, the decision to grant or Draft: 9/10/2019 V6 Page 30 of 38 Proposed Amendments to Existing JCC deny the permit shall be issued within 21 calendar days of the last day of the comment period specified in JCC 18.40.220(2); (c) The application involves a preliminary long plat application under Article IV of Chapter 18.35 JCC. In such cases, the application shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of the determination of completeness; or (d) The application involves a final short plat application under Article III of Chapter 18.35 JCC, or a final long plat application under Article IV of Chapter 18.35 JCC. In such cases, the application shall be approved, disapproved or returned to the applicant within 30 days from the date of the determination of completeness.; or, (e) The administrator makes written findings that a specific amount of additional time is needed to process the project permit or application, consistent with JCC 18.40.310 (Expiration of Applications). (5) Calculation of Time Periods for Issuance of Notice of Final Decision. In determining the number of calendar days that have elapsed since the determination of completeness, the following periods shall be excluded: (a) Any period during which the applicant has been requested by the county to correct plans, perform studies, or provide additional information. The period shall be calculated as set forth in JCC 18.40.110(6)(b). (b) If substantial project revisions are made or requested by an applicant, the 120 calendar days will be calculated from the time the county determines the revised application is complete and issues a new determination of completeness. (c) All time required for the preparation of an environmental impact statement (EIS) following a determination of significance (DS) pursuant to Chapter 43.21C RCW. (d) Any period for open record appeals of project permits under JCC 18.40.330; provided, however, that the time period for the hearing and decision shall not exceed a total of 90 calendar days. (e) Any extension of time mutually agreed upon by the county and the applicant. (f) Any time required for the preparation of an administrator’s code interpretation pursuant to Article VI of this chapter. Draft: 9/10/2019 V6 Page 31 of 38 Proposed Amendments to Existing JCC (6) The time limits established in this chapter do not apply if a project permit application: (a) Requires an amendment of the Jefferson County Comprehensive Plan or this Unified Development Code; or (b) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200. (7) Notice to Applicant. If the county is unable to issue its final decision on a project permit application within the time limits provided for in this chapter, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. (8) Effective Date. The final decision of the administrator, hearing examiner, or board of county commissioners shall be effective on the date stated in the decision, motion, resolution or ordinance; provided, however, that the appeal periods shall be calculated from the date of the decision, as further provided in JCC 18.40.330 and 18.40.340. 18.40.310 Expiration of Applications (New) (1) A land use application shall be null and void if the applicant fails to submit the requested additional information under JCC 18.40.110, within 180 days from the Department's request or within a time period as specified by the Hearing Examiner. Applications pending as of October 1, 2019 shall have 180 days to provide the requested additional information prior to expiring under this section, unless the Administrator grants an extension under subsection (2). Land use applications expired under this section shall forfeit all application fees. (2) The Administrator may grant one or more 180-day extension(s) of time for land use application(s) that: (a) Have made substantial progress in obtaining required approvals and have minor approvals remaining; (b) Have submitted written proof demonstrating a path for obtaining all remaining approvals within the 180-day extension; or, (c) Demonstrate other written justifiable cause to the Administrator. (3) The Administrator may review a land use application(s) and make any necessary corrections to the application(s) expiration date caused by inaccurate and/or missed data entries. Documentation of such corrections shall be made part of the file's written record. Draft: 9/10/2019 V6 Page 32 of 38 Proposed Amendments to Existing JCC 18.40.320 Vesting of Applications (New) (1) Purpose. The purpose of this section is to provide for vesting of land use applications and permits under Title 18 JCC, consistent with state law. A complete application, under JCC 18.40.110, is vested pursuant to this section to the regulations applicable to the application until the permit is issued or the application is abandoned, expired, withdrawn, or denied. (2) Applicability. (a) This section applies to complete land use applications under Title 18 JCC, complete applications for building permits (RCW 19.27.095(1)), complete applications for the proposed division of land (RCW 58.17.033(1)), complete applications for development agreements (RCW 36.70B.180), and any other complete applications for a project type determined to be subject to the vested rights doctrine by the Washington legislature or in a published decision after 1987 by a Washington Court of Appeals or the Washington Supreme Court. (b) This section does not vest applications to development regulations required by federal or state law that are subject to final approval by a federal or state agency, including but not limited to applications for permits under the Shoreline Master Program, Chapter 18.25 JCC or Flood Damage Prevention, Chapter 15.15 JCC. (c) This section does not apply to issued permits or approvals. (3) Vesting of Applications. (a) A complete application under JCC 18.40.110 shall vest consistent with applicability of this section and state law. (b) A complete application subject to vesting pursuant to this section shall be subject to all development regulations in effect on the vesting date. (c) A complete application is vested for the specific use, density, and physical development that is identified in the application submittal, consistent with state law. (d) The applicant is responsible for monitoring the time limitations and review deadlines for the application. The County shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the Department, but shall be subject to the development regulations in effect on the date of the new application is complete. Draft: 9/10/2019 V6 Page 33 of 38 Proposed Amendments to Existing JCC (e) Substantial revisions to applications which increase the specific uses, density, or physical development are subject to vesting at the time of the major or substantial revision. Substantial revisions shall be considered a new application consistent with JCC 18.40.110(7). (4) Waiver of Vesting. An applicant may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the Administrator stating that the applicant agrees to comply with all development regulations in effect on the date of delivery of the waiver and any subsequent modifications to development regulations until permit issuance or approval. 18.40.325 Suspension, Revocation, or Modification of Permits (New) (1) The hearing examiner may suspend, revoke, or modify a Type I, II, or III land use permit or approval after a notice of non-compliance to the affected parties, a recommendation from the Administrator, a public hearing consistent with the Hearing Examiner Rules of Procedure, and with written findings when: (a) Decision, approval, or permit was obtained by fraud, misrepresentation, or clear inadvertent error; (b) Use for which such decision, approval, or permit was granted is not being exercised within three years of approval, unless the decision, approval, or permit provides for a greater period of time or the Administrator has authorized an allowable extension of time; (c) Use for which decision, approval, or permit was granted ceased to exist or has been suspended for three years or more unless the Administrator has authorized an allowable extension of time; (d) Decision, approval, or permit is being, or recently has been exercised contrary to the terms or conditions of such decision, approval, or permit or is in violation of any local or state law or regulation; or, (e) Use for which decision, approval, or permit was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a public nuisance. Article V. Appeals Draft: 9/10/2019 V6 Page 34 of 38 Proposed Amendments to Existing JCC 18.40.330 Administrative appeals. In the absence of a specific right of appeal authorized under this UDC, there shall be no right to administrative appeals. (1) Type I Permits. Decisions of the Administrator on Type I permits and decisions regarding the appropriate permit process to be used for discretionary conditional use permit applications (i.e., “C(d)” uses listed in Table 3-1 in JCC 18.15.040) under JCC 18.40.520, are not appealable to the hearing examiner. However, administrative code interpretations may be appealed as set forth in Article VI of this chapter. (2) Type II Permits. (a) The administrator’s final decision on a Type II permit application may be appealed by a party of record to the hearing examiner for an open record appeal hearing as further set forth in JCC 18.40.280. The responsible official’s SEPA determination of nonsignificance (DNS) or mitigated determination of nonsignificance (MDNS) may also be appealed by a party of record to the hearing examiner for an open record appeal hearing. Administrative appeals of a DS or draft or final EIS are not allowed. (b) All appeals of Type II permit decisions must be in writing, conform with the procedures for appeal set forth in Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure subsection (5) of this section, and shall be filed within 14 calendar days after the notice of decision is issued. Appeals of environmental determinations under SEPA, except for a determination of significance (DS), shall be consolidated with any open record hearing on the project permit. (See RCW 36.70B.110(6)(d)). (3) Type III Permits. SEPA Decisions. (a) The responsible official’s DNS or MDNS may be appealed to the hearing examiner by the applicant or anyone commenting on the environmental impacts of the proposal (as further set forth in JCC 18.40.780). The appeal must be in writing, in conformance with subsection (5) of this section, and be filed within 14 calendar days after the threshold determination is issued as set forth in subsection (4) of this section. Appeals of environmental determinations under SEPA shall be consolidated with any open record hearing on the project permit. (See RCW 36.70B.110(6)(d)). Administrative appeals of a DS or draft or final EIS are not allowed. Draft: 9/10/2019 V6 Page 35 of 38 Proposed Amendments to Existing JCC (4) (b) Calculation of Appeal Periods. The SEPA appeal periods shall be calculated as of the date the notice of decision is published or, for appeals involving a SEPA determination, from the date the decision is issued pursuant to WAC 197-11-340(2)(d). (5) Procedure for Appeals. (a) A notice of appeal shall be delivered to the administrator by mail or by personal delivery, and must be received by 4:00 p.m. on the last business day of the appeal period, with the required appeal fee pursuant to the Jefferson County fee ordinance. (b) The notice of appeal shall contain a concise statement identifying: (i) The decision being appealed and the identification of the application which is the subject of the appeal; (ii) The name, address, and phone number of the appellant and his/her interest in the matter; (iii) Appellant’s statement describing standing to appeal (i.e., how he or she is affected by or interested in the decision); (iv) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong; (v) The desired outcome or changes to the decision; and (vi) A statement that the appellant has read the appeal and believes the contents to be true, signed by the appellant. (c) Any notice of appeal not in full compliance with this section shall not be considered. 18.40.340 Judicial appeals. (1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the administrator, or hearing examiner, or to a court of competent jurisdiction in a manner consistent with state law. All appellants must timely exhaust all administrative remedies prior to filing a judicial appeal. Draft: 9/10/2019 V6 Page 36 of 38 Proposed Amendments to Existing JCC (2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons identified in RCW 36.70C.040, within the applicable time period. This requirement is jurisdictional. (3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the county auditor with the county auditor. Any overage will be promptly returned to the appellant. 18.40.390 Appeals of administrator’s interpretations. When an interpretation is made in response to a written request pursuant to the provisions of this article, the person filing the written request may appeal the decision of the administrator to the hearing examiner within 14 calendar days of the decision using the process for appeals of Type II permit decisions as set forth in JCC 18.40.330, Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the appeal. Article X. State Environmental Policy Act (SEPA) Implementation 18.40.810 Appeals. (1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations on Type I permit decisions may not be appealed administratively to the hearing examiner. (2) Appeal of a Threshold Determination for Type II Permits – Open Record Hearing. The decision of the responsible official on Type II permits making a threshold determination of a DNS or MDNS, approving a proposal subject to conditions, or denying a proposal under SEPA’s substantive authority may be appealed to the hearing examiner pursuant to JCC 18.40.280, Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure for an open record appeal hearing. Any such appeal must be filed within the time limits of JCC 18.40.330(2)(b), and must be consolidated with any appeal on the underlying Type II permit decision. Any requests for reconsideration shall be governed by JCC 18.40.310. (3) Appeal of a Threshold Determination for Type III Permits – Open Record Hearing. The decision of the responsible official on Type III permits making a threshold determination of a DNS, approving a proposal subject to conditions, or denying a project under SEPA’s substantive authority may be appealed to the hearing examiner pursuant to JCC 18.40.280, Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure. The Draft: 9/10/2019 V6 Page 37 of 38 Proposed Amendments to Existing JCC open record public hearing on the SEPA appeal shall be before the hearing examiner, who shall consider the appeal together with the decision on the project application in a single, consolidated hearing as further set forth in Article IV of this chapter. Any requests for reconsideration shall be governed by JCC 18.40.310. (4) Appeals of Threshold Determinations for Type V Actions. Threshold determinations of the responsible official on Type V decisions (other than a DS) may not be appealed to the hearing examiner. (5) Limitations on Appeals for All Types of Permits. When a threshold determination results in a DS it shall not be appealable. In addition, issues relating to the adequacy of the EIS and other procedural issues may not be appealed under this article. (6) Who May Appeal. An applicant or other party of record, as defined in Chapter 18.10 JCC, may file a SEPA appeal as provided in this article. (7) Time to Appeal Administrative Decisions. A written statement appealing the threshold determination must be filed within 14 calendar days after the notice of decision is issued. When the last calendar day (as defined in Chapter 18.10 JCC) of the appeal period is a Saturday, Sunday or legal holiday, the appeal period shall run to the next business day. (8) Form of Appeal. A person or group appealing the decision of the responsible official shall submit a written appeal in the form and manner set forth in JCC 18.40.330(5) Chapter 2.30 JCC and the Hearing Examiner’s Rules of Procedure. Notice of all appeals shall be mailed to all parties of record not less than 10 calendar days prior to the date of the public hearing to consider the appeal. (9) Scope of Review. The hearing examiner shall affirm, modify or reverse the responsible official’s decision, and shall enter findings and/or conclusions into the record to support the decision. In making the decision, the hearing examiner shall give deference to and afford substantial weight to the decision of the responsible official. Review shall be on a de novo basis. (10) Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for appealing the underlying permit decision, appeals under this article shall be commenced within such time period. The county shall give official notice stating the date and place for commencing an appeal. (a) Optional Limitation Period. If there is no time period for appealing the underlying government action, the county, applicant for or proponent of an action may use a notice of action pursuant to RCW 43.21C.075 and 43.21C.080. The notice shall describe the action and state time limitations for Draft: 9/10/2019 V6 Page 38 of 38 Proposed Amendments to Existing JCC commencing a challenge to that action, in a form substantially similar to that provided in WAC 197-11- 990. The notice shall be published by the department, applicant or proponent pursuant to RCW 43.21C.080, and any action to set aside, enjoin, review or otherwise challenge any such governmental action shall be commenced within 21 days from the date of the last newspaper publication of the notice of action, as further set forth in RCW 43.21C.080. (b) Exemption. This article does not apply to decisions made pursuant to Chapter 90.58 RCW, the Shoreline Management Act. Appeals of SEPA mitigation measures pertaining to projects subject to Chapter 90.58 RCW shall be made to the shoreline hearings board along with the appeal of the county’s shoreline decision, as further set forth in Chapter 90.58 RCW. In addition, as an alternative dispute resolution process, any SEPA appeal, whether involving a shoreline issue or not, may be made to the shoreline hearings board upon the consent of the parties to the action, as further set forth in RCW 43.21C.075(7). (11) Violations and Penalties. The administrator is authorized to enforce the provisions of this article whenever he or she determines that a condition exists in violation of this article or permit issued hereunder. All violations of any provisions of this article, incorporated standard or permit issued pursuant to this article are made subject to the provisions of Chapter 18.50 JCC, which provides for voluntary correction, notice and orders to correct the violation, stop work and emergency orders, and assessment of civil penalties. (12) Public Nuisance. All violations of this article are determined to be detrimental to the public health, safety and welfare and are public nuisances, and may corrected by any reasonable and lawful means, as further set forth in Chapter 18.50 8.90 JCC. (13) Alternative Remedies. As an alternative to any other judicial or administrative remedy provided in this article or by law or ordinance, any person who willfully or knowingly violates or fails to comply with any stop work order or emergency order issued pursuant to Chapter 18.50 JCC is guilty of a misdemeanor and upon conviction shall be punished as set forth in JCC 18.50.110. Each day such violation or failure to comply continues shall be considered an additional misdemeanor offense. [Ord. 8-06 § 1]