HomeMy WebLinkAbout04 0422 02
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STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF REVISIONS AND }
ADDITIONS TO THE COUNTY'S UNIFIED}
DEVELOPMENT CODE ASSOCIATED WITH}
A HEARING BOARD ORDER AND A }
SETTLEMENT AGREEMENT ENTERED }
INTO BETWEEN THE CITY OF PORT }
TOWNSEND AND THE COUNTY }
ORDINANCE NO. 04-0422-02
WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as
required by the Growth Management Act, as codified at RCW 36.70A.010 et seq.,
adopted the Jefferson County Comprehensive Plan (the "Plan"), a Plan that was
originally adopted by Resolution No. 72-98 on August 28, 1998 and subsequently later
amended, and;
WHEREAS, in furtherance of the Plan, the County adopted its GMA-derived
development regulations, known locally as the Unified Development Code (or "UDC"),
in December 2000 to be effective as of January 16,2001, and;
WHEREAS, the UDC, upon its adoption, was timely challenged through means
of not less than five Petition For Reviews ("PFRs") filed with the Western Washington
Growth Management Hearings Board (or "WWGMHB"), and
WHEREAS, one of those five PFRs was filed by the City of Port Townsend and
the City's PFR was amicably resolved; and
WHEREAS, a portion of the consideration granted to the City of Port Townsend
for the dismissal with prejudice of its PFR was the addition of certain language to the
UDC; and
WHEREAS, this Ordinance amends the UDC in the manner required by the
settlement between the City of Port Townsend and the County; and
WHEREAS, another of the five PFRs was filed by two citizens' groups: the
Olympic Environmental Council and the Shine Community Action Council; and
Page 1
Ordinance No,
04-0422-02 .. Amendments to theJefferson County UDC
WHEREAS, the PFR filed by these citizens' group proceeded through to a
Hearing on the Merits before the WWGMHB in December 2001; and
WHEREAS, in the Response Brief filed by the County and at the Hearing on the
Merits it became clear that Jefferson County would agree to make four (4) housekeeping
changes to the UDC that fixed omissions and better reflected the intent of the UDC's
authors; and
WHEREAS, the WWGMHB ruled against the County on all but one issue (that
one issue being the sufficiency of protections offered critical areas with respect to the
installation of asphalt batch plants) by publishing a Final Decision and Order (or "FDa")
in January 2002 that mandated this County to undertake and implement six distinct steps;
and
WHEREAS, that FDa listed as mandate or directive #1 that this County enact as
part of the UDC the four housekeeping changes listed in the Response Brief of the
County and discussed at the Hearing on the Merits; and
WHEREAS, this Ordinance amends the UDC so that it reflects and includes the
four housekeeping changes the County was required by directive #1 of the FDa to make
part of the UDC.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners that they approve the following revisions and additions to the UDC and;
BE IT FURTHER ORDAINED by the Board that they make the following
general Findings of Facts applicable to these revisions and additions to the UDC:
Section 1 - General Findings of Fact for Revisions and Additions to the UDC:
1.
The County adopted its Comprehensive Plan in August 1998 and its development
regulations or UDC in December 2000.
2.
The Growth Management Act, which mandates that Jefferson County generate and
adopt a Comprehensive Plan, also requires that there be in place a process to
amend the Comprehensive Plan.
Page 2
Ordinance No,
04-0422-02: Amendments to the Jefferson County UDC
3.
These amendments to the County's UDC are being made in order to resolve
certain litigation before the WWGMHB, specifically PFRs timely filed by the City
of Port Townsend and two citizens' groups, the Olympic Environmental Council
and the Shine Community Action Council.
4.
These UDC amendments began as a recommendation included as part of a March
6, 2002 Department of Community Development memorandum to the Planning
Commission.
5.
Also reflected in these amendments are proposed language for the 4 housekeeping
amendments reflected in an e-mail memo dated February 27, 2002 from
Petitioners' representative, an e-mail that did not come to the attention of the
Planning Commission ("PC") until the PC's hearing on this matter, which
occurred in early April 2002.
6.
These proposed amendments and revisions to the UDC were approved by the
County's Planning Commission by a 6-1 vote on April 3, 2002 after a public
meeting that included an opportunity for public comment. The PC prepared a
written recommendation that the County Commission enact these amendments.
7.
That written recommendation came before the County Commission on April 15,
2002. The County Commission approved these amendments by a 3-0 vote and
directed staff to prepare this Ordinance in order to formally enact said
amendments.
8.
The amending language described in this ordinance has been approved by the
County Commission because it serves to make the UDC more compliant with the
Growth Management Act and the County's Comprehensive Plan.
9.
Adoption of this amending language (which alters the UDC) promotes the health
and welfare of the citizens of Jefferson County.
10.
However, certain findings must be made with respect to any adopted UDC
amendments or revisions.
11.
Pursuant to Section 9 of this County's Unified Development Code, all proposed
amendments to the GMA-derived development regulations must be analyzed, in
part, through the "filter" of the seven growth management indicators (or "GMI")
listed at UDC §9.5.4(b), although those GMI represent only some of the criteria
that the County Commission must use when deciding whether to adopt or reject a
proposed UDC amendment.
Page 3
15.
16.
17.
18.
19.
Ordinance No. 04-0422-02
.. Amendments to the Jefferson County UDC
12.
Because of the general nature of the GMI, each and every GMI will not be
applicable or apropos for each and every amendment that this County Commission
has considered.
13.
However, the County Commission, in order to comply with UDC Section 9,
should and must make generalized findings of fact with respect to the seven GMI
listed there and do so now.
14.
With respect to UDC §9.5.4(b)(1), the County Commission finds, as an example
of numerous findings they might make with respect to (b)(1), that in the short-term
the population of this County has not increased as quickly as the Comprehensive
Plan envisioned, but this short-term decline in the rate of population growth does
not necessarily mean that the County should abandon the long-term population
forecasts found in the County's Comprehensive Plan.
Regardless of the possible fluctuation in the rate of population growth that does
occur or might occur in this County it supports GMA goals to further protect
groundwater resources.
With respect to UDC §9.5.4(b)(2), the County Commission finds that the capacity
of the County to provide adequate services has not changed, although expected
continued severe pressures on the County's budget may alter this picture in the
coming years, thus suggesting that it is wise to protect groundwater resources now.
With respect to UDC §9.5.4(b)(3), the County Commission finds that while
sufficient 'urban' land is designated and zoned within this County to meet
projected demand and need pursuant to the agreed-upon population allocation in
Joint City and County Resolution No. 17-96, that conclusion will, by definition, be
revisited and reconsidered as the County considers establishing an urban growth
area in the Port Hadlock and lrondale neighborhoods. If this County creates
additional UGA's, then the protection of groundwater will be of paramount
concern.
With respect to UDC §9.5.4(b)(4), the County Commission finds that while most
of the assumptions that supported the policies and goals of the 1998
Comprehensive Plan remain valid, there are at least two assumptions that need
revisiting.
The first assumption of the 1998 plan worthy of reconsideration comes about
because of the documented need for additional rural commercial and industrial
land as indicated by the Regional Economic Analysis and Forecast of January
1999 prepared by Richard Trottier, which suggests the County can expect to see a
growth in jobs of some 7,000 to 9,000 in the next decades and must accommodate
Page 4
Ordinance No. 04-0422-02 .. Amendments to the Jefferson County UDC
20.
21.
22.
23.
24.
25.
them with additional commercially and industrially zoned land not currently in
existence.
Secondly, the County always intended to revisit its conservatively-drawn
boundaries around the rural commercial districts, known formally as "limited
areas of more intensive rural development" or "LAMIRD's" and has new
definitions of "built environment" provided to it by the Western Washington
Growth Management Hearings Board to work with as it does that redrawing.
Each of these new assumptions makes protecting groundwater resources and, more
generally, critical areas, of that much greater importance.
With respect to UDC §9.5.4(b)(5), the County Commission finds that recent
election results indicate not necessarily a change in the attitudes of the County's
citizenry, but certainly a reprioritization of those basic values with an emphasis
now placed on economic opportunity and a healthy economy. This reprioritization
becomes particularly important in the face of increasing unemployment and our
current national recession. While this shift in priorities does not necessarily require
wholesale changes to the goals of the plan, it does and will require some
modification of the plan in order to better achieve opportunity for improving the
economic base in a manner that is consistent with GMA and the County's Plan,
which do and will continue to mandate the protection of critical areas and
groundwater resources so that this continues to be an attractive place to live.
With respect to UDC §9.5.4(b)(6), the County Commission finds that the County
has undergone changed circumstances with respect to the worsening of the gap
between the median income of a citizen and the general unavailability of housing
that is affordable based on such a salary, the listing of salmon species as
"endangered" pursuant to federal statute, new development regulations adopted by
the County to implement the GMA and the County's Plan and additional Hearings
Board decisions which illuminate what the state laws permit or do not permit.
Such changed circumstances may make amendments to the Plan appropriate.
With respect to UDC §9.5.4(b)(7), the County Commission finds that any
inconsistencies between the County's Plan and the GMA exist because Jefferson
County was found to be out of compliance with respect to the protection of critical
areas and groundwater resources. These amendments go a fraction of the way to
resolve the non-compliant status of the UDc.
With respect to UDC §9.8,1(b), another portion of the UDC which the County
Commission should consider when adopting amendments or revisions to the UDC,
the County Commission finds the three criteria listed there inapplicable in these
circumstances, specifically circumstances where the UDC is being revised to
Page 5
Ordinance No. nu-nu ??-n? .. Amendments to the Jefferson County UDC
implement a settlement agreement (arising from the City of Port Townsend PFR)
and is also being revised to implement the written mandate of an FDO published
by the WWGMHB in January 2002 directing this County to undertake and
complete six distinct actions (O.E.c. and Shine C.A.C. PFR.)
26.
Adoption of this amending and revision language to the UDC, this County's
GMA-derived development regulations, places Jefferson County in full
compliance with item #1 in the January 2002 FDO published by the WWGMHB
with respect to the PFR filed by the Olympic Environmental Council and the
Shine Community Action Council.
Section 2 - Lan~ua~e Revisions and Additions to the UDC:
The language of the attached Exhibit, consisting of 17 pages, is hereby adopted as the
detailed revisions and additions to the UDC.
Section 3 - Section 3 - Severability:
If any section, subsection, sentence, clause, phrase, or figure of this ordinance or its
application to any person or circumstances is held invalid, the remainder of the ordinance
or the application to other persons or circumstances shall not be affected.
Section 4 - Effective Date:
This ordinance shall become effective upon adoption by the Board of County
Commissioners, also known herein as the County Commission.
a. I\. c!
;;{ -- day of April, 2002.
APPROVÈD AND ADOPTED this
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JEFFERSON COUNTY
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Lorna Delaney, é~-- . -. 0
Clerk of the Board
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Dan Titterness, Member
APPROVED AS TO FORM' .
cxOlMrtÁ 01: I ¡¡S ö2- {ç¡:~ /f~~LtLU~
Deputy Prosecuting Attorneyð Glen Huntingford, Member
Page 6
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Jefferson County Community Development
621 Sheridan Street
Port Townsend, WA 98368
(360) 379-4450
www.co.jefferson.wa.us
UNIFIED DEVELOPMENT CODE (UDC)
FOR
JEFFERSON COUNTY, WASHINGTON
Adopted December 18, 2000
Effective Date: January 16, 2001
Amended July 2, 2001, Ordinance #03-0702-01
Amended December 24,2001, Ordinance #07-1224-01
Amended March 11, 2002, Ordinance #02-0311-02
Amended April 22, 2002, Ordinance #04-0422-02
-'
SECTION 3 . LAND USE DISTRICTS
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(2)
following geologic units, as identified
from available State of Washington
Department of Natural Resources
geologic mapping, define Susceptible
Aquifer Recharge Areas for east
Jefferson County:
i. Alluvial fans (Ha).
ii. Artificial fill (Hx).
Iii. Beach sand & gravel (Hb).
iv. Dune sand (Hd).
v. Flood plain alluvium (Hf).
vi. Vashon recessional outwash in
deltas and alluvial fans (Vrd).
vii. Vashon recessional outwash in
meltwater channels (Vro).
viii. Vashon ice contact stratified drift
(Vi).
ix. Vashon ablation till (Vat).
x. Vashon advance outwash (Vao).
xi. Whldbey formation (Pw). and
xii. Pre..Vashon stratified drift (Py).
Those areas meeting the requirements
of Susceptible Aquifer Recharge Areas
(above) and which are overlain by the
following land uses as identified In this
Code are subject to the provisions of
the protection standards in this
Section:
i. All Industrial Land Uses
ii. All Commercial Uses
iii. All Rural Residential Land Uses
A. requiring a Discretionary
Use or Conditional Use
Permit or
B. with nonconforming uses
that would otherwise require
a Discretionary Use or
Conditional Use Permit
iv. Unsewered Planned Rural
~esidential Developments.
Unsewered residential de-
velopment with gross densities
greater than one unit per acre
Special Aquifer Recharge Pro-
tection Areas include:
i. Sole Source Aquifers designated
by the U.S. Environmental
Protection Agency in accordance
with the Safe Drinking Water Act
9f 1974 (Public Law 93-523).
Special Aquifer Protection Areas
designated by the Washington
Department of Ecology under Chapter
173-200 WAC.
v.
(3)
Unified Development Code
Section 3 .. Land Use Districts
Amended by Ordinance No. 04-0422-02
Ii. Special protection areas
designated by the Washington
Department of Ecology under
Chapter 173-200 WAC.
iii. Wellhead Protection Areas
determined In accordance with
delineation methodologies
specified by the Washington
Department of Health under
authority of Chapter 246-290
WAC.
iv. Ground Water Management
Areas designated by the
Washington Department of
Ecology in cooperation with local
government under Chapter 173-
100 WAC.
b. Designation. Jefferson County shall prepare
and exhibit a dated Critical Aquifer Recharge
Area map which will demonstrate the
approximate distribution of the Susceptible
Aquifer Recharge Areas and Special Aquifer
Recharge Protection Areas. The Critical
Aquifer Recharge Area map shall be
periodically revised. modified. and updated
to reflect additional information.
c. Applicability. .
(1) The following land use activities are
considered high impact land uses due
to the probability and/or potential
magnitude of their adverse effects on
groundwater and shall be prohibited in
Susceptible Aquifer Recharge Areas
and Special Aquifer Recharge Pro-
tection Areas. In all other areas of the
County outside of Susceptible Aquifer
Recharge Areas and Special Aquifer
Recharge Protection Areas. these
activities shall require an Aquifer
Recharge Area Report pursuant to this
Section.
i. Chemical manufacturing and
reprocessing;
Creosote/asphalt manufacturing
or treatment (except that asphalt
batch plants may be permitted in
Susceptible Aquifer Recharge
Areas ONLY if such areas lie
outside of Special Aquifer
Recharge Protection Areas and
ONLY if best management
practices are implemented
pursuant to sections 4.24.8.d
and 6.17 of this Code and an
accepted Aquifer Recharge Area
Report);
iii. Electroplating and metal coating
activities;
Ii.
3-15
SECTION 3 . LAND USE DISTRICTS
3-16
(2)
iv. Hazardous waste treatment,
storage and disposal faclliües;
v. Petroleum product refinement
and reprocessing;
vi. Underground storage tanks for
petroleum products or other
hazardous materials;
vii. Recycling faclliües as defined in
th Is Code ;
viii. Solid waste landfills;
Ix. Waste piles as defined in
Chapter 173-304 AC;
x. Wood and wood products
preserving;
xl. Storage and primary electrical
battery processing and
reprocessing.
All other land uses shall be subject to
the protection standards contained in
this SectIon and mitigating conditions
included with a Critical Aquifer
Recharge Area Report, where
applicable.
Seawater Intrusion Areas. Marine
shorelines and Islands are susceptible
to a condition that is known as
seawater Intrusion. Seawater intrusion
is a condition in which the
saltwater/freshwater interface in an
aquifer moves inland so that wells
drilled on upland areas cannot obtain
freshwater suitable for public
consumption without significant
additiónal treatment and cost.
Maintaining a stable balance in the
saltwaterlfreshwater interface is
primarily a function of the rate of
aquifer recharge (primarily through
rainfall) and the rate of groundwater
withdrawals (primarily through wells).
The Washington Department of
Ecology is the only agency with
authority to regulate groundwater
withdrawal for individual wells in
Jefferson County. Therefore, new
development and land use activities on
Islands and in close proximity to
marine shorelines in particular should
be developed In such a manner to
maximize aquifer recharge and
maintain the saltwater/freshwater
balance to the maximum extent
possible by infiltrating stormwater
runoff.so that it recharges the aquifer.
To help prevent seawater from
intruding landward into underground
aquifers, all new development activity
on Marrowstone Island, Indian Island
and within 500 feet of any marine
shoreline shall be required to Infiltrate
all stormwater runoff, to the maximum
extent practicable, onslte.
d. Protection Standards.
(1) General. The following protection
standards shall apply to land use
activities In Susceptible Aquifer
Recharge Areas and Special Aquifer
Recharge Protection Areas unless
mitigating conditions have been
Identified In a Critical Aquifer Recharge
Report that has been prepared
pursuant to this section.
(2) Storrnwater Disposal. Stormwater
runoff shall be controlled and treated in
accordance with best management
practices and facility design standards
as identified and defined in the
Stormwater Management Manual for
the Puget Sound Basin, as amended
and the stormwater provisions
contained In Section 6 of this Code.
(3) On-Slte Sewage Disposal.
i. All land uses identified In Section
3.6.5.a and Special Aquifer
Recharge Protection Areas that
are also classified as
Susceptible Aquifer Recharge
Areas (as defined in this
Section), shall be designated
Areas of Special Concern pursu-
ant to Chapter 246-272-21501
WAC.
A. Such designation shall
Identify minimum land area
and best management prac-
tices for nitrogen removal as
design parameters neces-
sary for the protection of
public health and ground-
water quality.
B. Best Management Practices
(BMPs) shall be adopted by
action of the Board of
Health.
II. As new information becomes
available that would classify an
area as a Special Aquifer
Recharge Protection Area or an
Area of Special Concern under
this Section, said area may be
designated as such by the
County. Any additional Areas of
Special Concern designated
through this process shall
receive the same protections
(3)
Unified Development Code
Section j::. Land Use Districts
Amended by Ordinance No, 04-0422-02
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SECTION 3 . LAND USE DISTRICTS
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(4)
identified in Subsection (3)i.A
and B above.
Golf Courses and Other Turf
Cultivation. Golf courses shall be
developed and operated in a manner
consistent with "Best Management
Practices for Golf Course Development
and Operation", King County
Environmental Division (now: Depart-
ment of Development and Environ-
mental Services), January 1993.
Recreational and institutional facilities
(e.g. parks and schools) with extensive
areas of cultivated turf, shall be
operated in a manner consistent with
portions of the aforementioned best
management practices pertaining to
fertilizer and pesticide use, storage,
and disposal.
Commercial Agriculture. Commercial
agricultural activities, including
landscaping operations must be
operated in accordance with best
management practices for fertilizer,
pesticide. and animal waste manage-
ment as developed by the Jefferson
County Conservation District.
Above Ground Storage Tanks.
Above ground tanks shall be
fabricated, constructed, installed, used
and operated in a manner which
prevents the release of a hazardous
substances or dangerous wastes to
the ground or groundwater. Above
ground storage tanks Intended to hold
or store hazardous substances or
dangerous wastes are provided with
an impervious containment area,
equivalent to or greater than 100
percent of the tank volume, enclosing
and underlying the tank, or ensure that
other measures are undertaken as
prescribed by the Uniform Fire Code
which provide an equivalent measure
of protection.
Mining and Quanylng. Mining and
quarrying performance standards
containing ground water protection
best management practices pertaining
to operation, closure, and the
operation of gravel screening, gravel
crushing, cement concrete batch
plants, and asphalt concrete batch
plants, where allowed, are contained in
Sections 4 and 6 of this Code.
Hazardous Materials. Land use
activities that generate hazardous
waste, which are not prohibited out-
(5)
(6)
(7)
(8)
Unified Development Code
Section 3 . úuuf Use Districts
Amended by Ordinance No. 04-0422-02
right under this code, and which are
conditionally exempt from regulation by
the Washington Department of
Ecology under WAC 173-303-100, or
which use, store, or handle hazardous
substances, shall be required to
prepare and submit a hazardous
materials management plan that
demonstrates that the development will
not have an adverse impact on ground
water quality. The hazardous materials
management plan must be updated
annually by the facility owner.
(9) Mitigating Conditions. The Admin-
Istrator may require additional miti-
gating conditions, as needed, to
provide protection to all Critical Aquifer
Recharge Areas to ensure that the
subject land or water use action will
not pose a risk of significant adverse
groundwater quality impacts. The
determination of significant adverse
groundwater quality impacts will be
based on the Antidegradation policy
included in Chapter 173-200 WAC.
(10) Authority for Denial. The Admin-
istrator may deny approval if the
protection standards contained herein
or added mitigating conditions cannot
prevent significant adverse ground-
water quality Impacts.
3.6.6 Frequently Flooded Areas.
a. Incorporation by Reference. This section
incorporates by reference the classification,
designation and' protection provisions
contained In the Jefferson County Floodplain
Management Ordinance (Ordinance No. 1-
89) with the following addition:
(1) In addition to the insurance maps
identified in the Floodplain Manage.
ment Ordinance (Ordinance No. 1-89),
flood hazard areas shall be identified
with reference to the Federal Emer-
gency Management Agency (FEMA)
1 DO-year floodplain designations. Such
flood hazard areas shall be subject to
the criteria of the Floodplain Man-
agement Ordinance.
The Floodplain Management
Ordinance conforms with the intent of
the Minimum Guidelines (WAC 365-
190-080(3» through directly consider-
ing the effects of flooding on human
health 'and safety, together with effects
on public facilities and services,
through its protection standards.
3-17
SECTION 3 . LAND USE DISTRICTS
b. Relationship to Other Regulations. While
the Jeffel'&On County Floodplain Manage-
ment Ordinance requires consistency with all
other appDcable laws, In the event that a
conflict should exist the stricter standard
shall apply to the regulated development.
3.6.7, Geologically Hazardous Areas.
a. ClaulficatlonJDnlgnation.
(1) Classification. Geologically haz-
ardous areas shall be classified based
upon a combination of erosion,
landslide and seismic hazard.
(2) Designation. The following erosion.
landslide and seismic hazard areas
. shall be subject to the standards of
this section:
I. Erosion Hazard Areas. Areas
containing soils or soil com-
plexes described and mapped
within the United States Depart-
ment of Agriculture! Soli
Conservation Service Soli .
Survey for Jefferson County as
havi!1Q a severe or very severe
erosion hazard potential.
II. landslide Hazard Areas. Areas
potentially subject to mass
movement due to a combination
of geologic. topographic and
hydrologic factors Including:
A. Areas of historic failures or
potentially unstable slopes,
, such as:
1. areas described and
mapped as having
severe or very severe
building limitations for
dwellings without
basements within the
United States Depart-
ment of Agriculturel
Soli Conservation
Service SoIl Survey
for Jefferson County;
2. areas described and
mapped as recent or
old landslides or
slopes of unstable
materials within the
Washington State
Department of
Ecology Coastal Zone
(3)
Atlas of Jefferson
County; and
3. areas described and
mapped as areas of
poor natural stability.
former landslides and
recent landslides by
the Washington State
Department of Natural
Resources. Division
of Geology and Earth
Resources.
B. Areas potentially unstable
as a result of rapid stream
incision, stream bank
erosion. or undercutting by
wave action; and
C. Areas with any Indications
of earth movement. such
as:
1. rockslides;
2. earthflows;
3. mudflows; and
4. landslides.
III. Seismic Hazard Areas. Areas
subject to severe risk of damage
as a result of earthquake
Induced ground shaking, slope
failure, settlement, soli lique-
faction, or surface faulting.
These areas are Identified by
the presence of: poorly drained
soils with greater than fifty
percent (50%) silt and very little
coarse material; loose sand or
gravel, ,peat, artificial fill and
landslide materials; or soli units
with high organic content.
Sources Used for Identification.
Sources used to Identify geologically
hazardous areas Include, but are not
limited to:
i. United States Department of
Agrieulture/Soll Conservation
Service, Soli Survey for
Jeffel'&On County.
iI. Washington State Department of
Ecology. Coastal Zone Atlas.
Iii. Washington State Department of
Natural Resources, Slope
Stability and Geologic Maps of
Eastern Jefferson County.
3-18
UnifiecÍ De~lopment Cade
Section 3 . Land Use Districts
SECTION 3 . LAND USE DISTRICTS
v.
ii.
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vi.
Except in the case of
cooperative compensation
projects, off-site compensation
must occur within the same
watershed where the wetland
loss occurs, provided that
Category-IV wetlands may be
replaced outside of the
watershed If there Is no
reasonable technical alternative.
The stormwater storage function
provided by Category-IV wet-
lands must be provided for within
the design of the development
project.
Except in the case of
cooperative compensation pro-
jects, in selecting compensation
sites applicants must pursue
locations In the following order of
preference:
A. Filled, drained, or cleared
sites which were formerly
wetlands and where appro-
priate hydrology exists; and
B. Upland sites, adjacent to
wetlands, If the upland is
significantly disturbed and
does not contain a mature
forested or shrub com-
munity of native species,
and where the appropriate
natural hydrology exists.
Construction of compensation
projects must be timed to reduce
Impacts to existing wildlife and
flora. Construction must be
timed to assure that grading and
soil movement occurs during the
dry season. Planting of vege-
tation must be specifically timed
to the needs of the target
species,
Cooperative Compensation
Projects. The County may
encourage, facilitate, and
approve cooperative projects
where one or more applicants, or
an organization with
demonstrated capability, may
undertake a compensation
project If It Is demonstrated that:
Creation of one or several larger
wetlands may be preferable to
many small wetlands;
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vii.
(4)
i.
--
Unified Development Code
Section.3 . Land Use Districts
Amended by Ordinance No, 04-0422-02
The group demonstrates the
organizational and fiscal
capability to act cooperatively;
Iii. The group demonstrates that
long term management of the
compensation area can and will
be provided; and
Iv. There is a clear potential for
success of the proposed com-
pensation at the identified
compensation site. Conducting
compensation as part of a
cooperative process does not
reduce or eliminate the required
replacement ratios outlined in
this Section.
3.6.10 Special Reports.
a. Waivers. The Administrator many waive the
requirement for a special report when an
applicant demonstrates all of the following:
(1) The proposal involved will not affect
the environmentally sensitive area In a
manner contrary to the goals,
purposes and objectives of this Code.
(2) The minimum protection standards
required by this section are satisfied.
b. General Contents.
(1) Scale Map and Written Report.
Special reports for environmentally
sensitive areas shall include a scale
map of the development proposal site
and a written report.
(2) Impacts Assessment. The special
report shall Identify and characterize
any critical area as a part of the larger
development proposal site, assess
impacts of the development proposal
on any environmentally sensitive areas
. on or adjacent to the development
proposal site, and assess the impacts
of any alteration proposed for a critical
area.
(3) Protection Mechanisms. The special
report shall propose adequate
protection mechanisms that may
include mitigation, maintenance and
monitoring plans, and performance
surety.
(4) Preparer - Proof of Qualifications.
Special reports shall include docu.
mentation certifying the Qualifications
of the preparer.
c. Consultants.
(1) Retaining Consultants. Jefferson
County may retain consultants to
assist in the review of special reports
3-35
SECTION 3 . lAND USE DISTRICTS
outside the range of staff expertise.
The applicant shall pay for the costs of
retaining said consultants.
d. Responsibility.
(1) General. Special reports shall Include
documentation certifying the qualifica-
tions of the preparer.
(2) Determining Accuracy and
Sufficiency. The Administrator shall
verify the accuracy and suffIciency of
all special reports.
(3) Nonacceptance of Inaccurate or
Insufficient Reports. If the Admini-
strator finds that a special report does
not accurately reflect site conditions, or
does not Incorporate appropriate
protection mechanisms, the Admini-
strator shall Issue a report citing
evidence (e.g., soli samples, well log
data, etc.) that demonstrates where
the special report Is insufficient or In
error. The applicant may then either
revise the special report and submit
another special report, or appeal the
administrative determination pursuant
to this Code. '
e. Aquifer Recharge Area Report.
(1) General. Aquifer Recharge Area
Reports serve as the primary means
for Jefferson County to verify the
accuracy of Its Critical Aquifer
Recharge Area map and to determine
specific aquifer protection measures to
be applied to prevent significant
adverse groundwater quality impacts.
(2) Aquifer Recharge Area Report
Content An Initial evaluation shall be
made by a qualified groundwater
scientist/engineer. The Aquifer
Recharge Area Report shall include:
I. A detailed description of the
project, Including all processes
and other activities which have
the potential for contaminating
groundwater.
ii. A hydrogeologic evaluation
which Includes, at a minimum:
A. A description of the
hydrogeologic setting of the
aquifer region;
B. Site location, topography,
drainage, and surface water
bodies;
C. Solis and geologic units
underlying the site;
3-36
(3)
D. Groundwater characteristics
of the area, including flow
direction and gradient,
and existing groundwater
quality;
E. The location and charac-
teristics of wells and springs
within one thousand (1,000)
feet of the site;
F. An evaluation of existing
groundwater recharge, and;
G. A discussion and evaluation
of the potential Impact of the
proposal upon groundwater
recharge.
iii. A contaminant transport analysis
for the uppermost groundwater
supply aquifer assuming an
accidental spill or release of
project specific contaminants or
on-site sewage discharge, or
both If applicable;
iv. A discussion and evaluation that
details available on-site spill
response and containment
equipment, employee spill
response training, and emer-
gency service coordination
measures;
Proposed beSt management
practices to minimize exposure
of penneable surfaces to
potential pollutants and to
prevent degradation of ground-
water quality; and;
vi. Requirements for a monitoring
program with financial
guarantees/assurances that the
monitoring program will be
implemented.
Professional Qualifications. The
minimum qualifications for ground-
water scientists and engineers
performing groundwater and con-
taminant transport evaluations and
preparing Aquifer Recharge Area
Reports shall be established pursuant
to acceptable Industry standards for
training and experience and as
established by the State of Wash-
ington in the Washington Admini-
strative Code or by statute.
County Review. Reports shall be
forwarded to the Jefferson County
Environmental Health Division for
technical review. The Environmental
v.
(4)
Unified Development Code
Section 3.' Land Use Districts
Amended by OrdillllnceNo. 07-1224-01
--
SECTION 3 . LAND USE DISTRICTS
--
Health Division shall review the
Reports within thirty days of receipt to
determine their adequacy. The
County may request additional
information in order to determine the
adequacy of the Reports. The
Administrator shall determine
appropriate conditions as identified in
the Report to mitigate proposed land
uses. The Administrator shall be
authorized to collect fees necessary
to recover costs associated with
processing and review of Aquifer
Recharge Area Reports,
implementation of the protection
standards contained in this section,
and administration of the general
provisions of the Aquifer Recharge
Area provisions of this Code. Such
fees will be incorporated into the
Jefferson County Fee Schedule.
f. Drainage and Erosion Control Plan.
(1) General. This plan shall address best
management practices which are
physical, structural or managerial
practiQes, that when used singly or in
combination, prevent or reduce
pollution of water.
(2) Qualifications of the Preparer.
Drainage and erosion control plans
shall be prepared by a licensed
professional engineer, except for small
parcel erosion control plans.
(3) Information Requirements. The
design standards and Information
requirements for submission of
drainage and erosion control plans
shall be established in accordance
with the Department of Ecology's
Stormwater Management Manual
currenUy adopted by Jefferson County.
g. Geotechnical Report.
(1) General. This report shall include a
description of the geology of the site,
conclusions and recommendations
regarding the effect of geologic
conditions on the proposal, and
opinions and recommendations on the
suitability of the site to be developed.
(2) Qualifications of the Preparer.
Geotechnical reports shall be prepared
by a licensed geotechnical engineer, a
professional geologist, or a licensed
professional engineer knowledgeable
in regional geologic conditions with
professional experience in landslide,
erosion, or seismic hazard evaluation.
--
Unified Development Code
Section 3 . Land Use DistriCls
Amended by Ordinance Na, 04-0422-02
(3) Information Requirements.
i. A description of the geologic
setting of the region, based upon
readily available data, including:
A. Site location and
topography;
B. Soils and geologic units
underlying the site; and
C. The location and charac-
teristics of springs within
one thousand (1,000) feet of
the site.
Ii. An evaluation of the potential
Impact of the proposal upon
existing geological hazards.
iiI. A discussion and evaluation of
the potential impact of the
proposal upon existing
geological hazards.
iv. Recommendations on appro-
priate protection mechanisms, if
necessary, to minimize the risk
of erosion or landslide.
h. Grading Plan.
(1) General. This plan shall identify the
proposed development project
including the movement of material
onslle, along with the proposed and
existing contours of the site, and
cross-sections thereof.
(2) Qualifications of the Pre parer.
Grading plans shall be prepared by a
licensed professional engineer or an
Individual with at least three years
experience in the preparation of
grading plans who is knowledgeable of
-
3-37
SECTION 3 . LAND USE DISTRICTS
i.
soli conditions and geology in
Jefferson County.
(3) Information Requirements.
I. A description of the general
vicinity of the proposed site.
II. The property limits and accurate
contours of existing ground and
, details of terrain and area
drainage.
iii. Umiting dimensions, elevations
of finish contours to be achieved
by the grading, and proposed
drelnage channels and related
construction.
Iv. Detailed plans of all surface and
subsurface drainage devices,
walls, cribbing, dams and other
protective devices to be con-
structed with, or as a part of, the
proposed work together with a
map showing the drainage areas
and the estimated runoff of the
areas served by any drains.
v. The location of any buildings or
structures on the property where
the work is to be perfonned and
the location of any buildings or
structures on land of adjacent
owners that are within fifteen
(15) feet of the property or which
may be affected by propos~
grading operations.
vi. A discussion and evaluation of
the potential impact of the
proposed grading upon desig-
nated critical areas.
vii. Recommendations on appro-
priate protection mechanisms, If
necessary, to prevent degrada-
tion of designated critical areas
and to ensure public safety.
Habitat Management Plan
(1) General. This report shall identify how
the development impacts of the
proposed project will be mitigated. The
Washington Department of Fish and
Wildlife Priority Habitat and Species
Management Recommendations shall
be the basis for this report.
(2) Qualifications of the Preparer.
Habitat management plans shall be
prepared by persons who have a
minimum of a Bachelor's Degree in
3-38
(3)
WIldlife or Fisheries Habitat Biology, or
a related degree In a biological field
from an accredited college or
university with a minimum of four
years experience as a practicing fish
or wildlife habitat biologist
Information Requirements.
, A map(s) prepared at an easily
readable scale, including the
following Infonnation:
A. The location of the
proposed development site,
including property limits;
B. The relationship of the site
to surrounding topographic
and cultural features;
C. The nature and density of
the proposed development
or land use change;
D. Proposed building locations
and arrangements; and
E. Th,e boundaries of forested
areas.
II. A legend that Includes the
following' Infonnation:
A. A complete and accurate
legal description as pre-
scribed by the triggering
application fonn (the
description shall Include the
total acreage of the parcel);
B. Title, sCale and, north
arrows;
C. Date, Including revision
dates, If applicable; and
D: Certificates by a
professional biologist as
appropriate.
Iii. A report that contains the
following Infonnation:
A. A description of the nature,
density and Intensity of the
proposed development in
sufficient detail to allow
analysis of such land use
change upon Identified fish
and wildlife habitat;
B. The applicant's analysis of
the effect of the proposed
development, activity or
land use change upon the
fish or wildlife species
,-
Unified Development Code
Section 3 . Land Use Distñcts
.-
--
-
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
runoff water meets the requirements and
standards. of this Code and other applicable
County, state and federal codes and regulations,
and 3) mass soil movement is prevented.
6. All extraction and reclamation activities that
create a noise disturbance must take place
between 7:00 a.m. and 7;00 p.m. on weekdays¿
unless extended hours of operation are
authorized for emergency purposes by the
Administrator. No use shall be made of
equipment or material which produces
unreasonable vibration, noise, dust, smoke, odor,
electrical interference to the detriment of
adjoining property or the persons having the quiet
use and enjoyment of that adjoining property.
7. The alteration, intensification, and expansion of
existing gravel pits and surface mining operations
is allowed subject to reasonable performance
standards to ensure that alteration,
intensification, and expansion of such uses have
minimal adverse impacts on surrounding areas
and uses, and provided that:
a. If increased off-site impacts (noise, vibration,
dust, traffic) would result from expansion,
intensification, or modification, a conditional
use permit shall be required.
b. Modification to include a new use or
operation (e.g., a rock crusher) shall require
a conditional use permit subject to a Type III
permit approval process.
8. The following performance standards are
required for mining, quanying and
asphalt/concrete batch operations located within
a designated Critical Aquifer Recharge Area.
Mining, quarrying and asphalVconcrete batch
operations in such areas must also comply with
the Best Management Practices identified in
Section 6.17, Development Standards, for those
activities. Asphalt batch plants are prohibited in
Special Aquifer Recharge Protection Areas
(Section 3.6.5.c(1)ii).
8. Mining, Quanying, cement concrete batch
plants, and asphaff concrete batch plants
located within a designated Critical Aquifer
Recharge Area shall, prior to approval and
operation, submit a Site Evaluation Report to
Jefferson County for review and approval.
Prior to preparation of a Site Evaluation
Report, the applicant shall prepare and
submit a Scope of Work for the report to
Jefferson County for review and approval.
b. At a minimum, the Site Evaluation Report
shall contain the following elements: (a)
Permeability of the unsaturated zone, (b)
Location of nearby sensitive areas (wellhead
protection areas, special protection areas,
etc,), (c) Ground water depths and flow
directión, (d) Location, construction, and use
Unified Development Code
Section 4 . Performance and Use-Specific Standards
Amended by Ordinance No, 04-0422-02
of existing wells within % mile of the subject
site, (e) Site map at 1 inch to 2000 feet
scale, (f) Activity Characterization, (g)
proposed Best Management Practices, and
(h) A Contingency Plan. In addition, the
following detailed information about the
hydrogeologic characteristics of the site and
a prediction of the behavior of a contaminant
may be required. (i) Background water
quality complied over at least a one year
period, (ii) Contaminant transport modeling
based on potential releases to ground water,
(iii) Modeling of ground water withdrawal
effects, (iv) Geologic and hydrogeologic
characteristics including, but not limited to,
surface water on site and with the subbasin
or watershed that may have interactions with
groundwater or surface contaminants, and
(v) Ground water monitoring plan provisions.
c. Gravel Míning and Rock Quanying
operations located with in a designated
Critical Aquifer Recharge Area shall, prior to
approval and operation, obtain a National
Pollutant Discharge Elimination System and
State Waste Discharge Individual General
Permit (NPDES) for process water, storm
water, and mine dewatering water
discharges from the Washington State
Department of Ecology. Water Quality
Program.
d. Cement concrete batch plants, and asphalt
concrete batch plants located within a
designated Critical Aquifer Recharge Area
shall, prior to approval and operation, obtain
a National Pollutant Discharge Elimination
System and State Waste Discharge
Individual Permit from the Washington State
Department of Ecology, Water Quality
Program.
e. Mining, Quanying, cement concrete batch
plants, and asphalt concrete. batch plants.
located within a designated Critical Aquifer
Recharge Area shall demonstrate that the
proposed activities shall not cause
degradation of the groundwater quality below
the standards described in Chapter 173-200
WAC (Water Quality Standards for Ground
Water of the State of Washington).
f. Mining, Quarrying, cement concrete batch
plants, and asphalt concrete batch plants'
located within a designated Critical Aquifer
Recharge Area, shall, pursuant to Section
6.17.1, implement the Washington State
Department of Ecology's Storm Water,
Water Quality, Hazardous Waste, Wetland,
and Solid Waste Program BMPs and
relevant BMPs from the Departments of
4-17
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
Health, Agriculture, Transportation, and
State Conservation District Office Or
Demonstrate through a Best Management
Practices Report Pursuant to Section 6.17 .2,
how they will Integrate other necessary and
appropriate mitigating measures on the
design, Installation, and management of the
proposed facility or use.
g. Provide a written agreement to the County
providing that all employees at mining,
quarrying, cement concrete batch plant, or
an asphalt batch plant site will be notified
. that the operation lies above an aquifer
recharge area and providing annual training
, regarding all measures set forth by the
BMPs established In 6.17.1.
h. Mining, Quarrying, cement concrete batch
plants, and asphaH concrete batch plants
located within a designated Critical
Recharge Area shall at all times comply with
Olympic AIr Pollution Control Authority
pennlt requirements.
I. Mining, Quarrying, cement concrete batch
plants, and asphaH concrete batch plant
operations located within, a designated
CrItical Area Aquifer Recharge Area shall
engage a third party, selection of which Is
approved In advance by the County, to
monitor compliance with regulations and
conditions pertaining to their NPDESlState
Waste Discharge Permit. Reports shall be
prepared and distributed as required In the
NPDESlState pennlt with copies to the
County each month unless the pennlt
requires quarterly reporting, In which case
copies will be provided to the County
quarterly.
j. Mining, Quarrying, cement concrete batch
plants, andasphaH concrete batch plant
operations located within a designated
Critical Area Aquifer Recharge Area shall
submit an annual report to the County
evaluating Implementation of the Department
of Natural Resources approved reclamation
plan. A qualified, Independent consultant
approved by the County shall prepare the
report. The report shall Identify how
restoration of the site compares to the
approved reclamation plan and whether any
corrective action is contemplated by the
applicant or required by the Department of
Natural Resources.
4.25 Manufactured/Mobile Home Parks.
The following standards apply to all non-transient
manufactured and mobile home parks:
4-18
1. All new manufactured/mobile home parks shall
be subject to the Planned Rural Residential
Development Overlay DIstrict.
2. At least 50 percent of the site shall be maintained
in open space.
3. Dwelling units shall be separated by a minimum
of 15 feet.
4. To enhance appearance and provide open
space, a thirty-foot landscaped area shall be
provided on all sides and rear yards surrounding
the development.
5. A common storage area shall be provided at a
ratio of 50 square feet per dwelling unit.
6. Units shall be oriented In a manner that avoids
repetitive siting, encourages priyacy, and is
compatible with the site layout and topography.
7. Units shall have skirting or permanent decks
installed to obscure chassis prior to occupancy.
8. A mobile home park may Include a storage area
for recreational vehicles owned by residents of
the park, provided that the storage area contains
no utility hook-ups and that no RV within the
storage area shall be used as living quarters.
9. A carport or garage may be attached to a mobile
home as an accessory use. ,
10. Accessory structures shall be located no closer
than 10 feet to mobile homes on adjacent
spaces.
11. The Interiór road network shall meet County
standards.
4.26 Nonconforming Legal Structures
and Uses.
A nonconfonning legal use, structure, site, or lot is
one that did confonn to the applicable codes which
were In effect on the date of Its creation, but no longer
complies because of subsequent changes In code
requirements. Nonconformity Is different than and Is
not to be confused with illegality (see the definitions of
.Nonconfonnlng,- Nonconfonnlng Use,- and "Illegal
Use- In SectIon 2). Legal nonconfonnlng structures
and uses are commonly referred to as
"granclfathered. -
The following standards apply to all legal
nonconfonnlng structures and uses:
1. Alteration or replacement of a nonresidential
, nonconforming use In Rural Residential districts
is allowable subject to a conditional use permit,
provided:
a. the use is compatible with surrounding rural
uses;
b. the activity does not require additional urban
levels of government service;
UniflÐd Development Code
Section 4- Performance and Use-Specific Standards
--
--
-
SECTION 6 . DEVELOPMENT STANDARDS
maintained, not relocated, and not
structurally altered.
c. Billboards which are In place prior to the
adoption of this Code may remain provided
they are continually maintained, not
relocated, and not structurally altered.
6.16 Archaeological and Historic
Resources.
1. When an application for a permit Is received for
an area known to contain archaeological artifacts
and data as Identified by appropriate state,
federal or tribal agencies, the County shall not
take action on the application and shall inform the
applicant thereof, and the applicant shall not
initiate any excavation or development activity
until the site has been Inspected and a written
evaluation is provided by a qualified
archaeologist. Significant archaeological data or
artifacts must be recovered before work begins or
resumes on a project. No application will be
delayed more than ten working days for such an
inspection. If the application is approved by the
County, conditions shall be attached reflecting
the recommendations of the archaeologist
regarding preservation or protection of the site.
2. All permits shall contain a special provision
advising the permit holder that If during
excavation or development of the site an area of
potential archaeological significance is
uncovered, all activity in the immediate vicinity of
the find must be halted immediately and the
Administrator must be notified at once. Activities
authorized by the permit will not be delayed more
than five working days for a finding of
significance by the Administrator, following the
Administrator's receipt of notification, unless the
permit holder agrees to an extension of that time
period.
3. All development proposed for location adjacent to
sites which are listed, or are determined by the
appropriate State or Federal authority to be
eligible for listing in the state or national registers
of historic places, must be located so as to
complement the historic site. Development which
degrades or destroys the historical character of
such sites is not permitted.
4. Archaeological t¡ites are subject to RCW 27.44
(Indian Graves and Records) and RCW 27.53
(Archaeological Sites and Records) and must
comply with WAC 25-48 (Archaeological
Excavation and Removal Permit). Archaeological
excavations are allowed subject to applicable
state laws.
5. Identified historical or archaeological resources
must be considered in site planning for public
parks, public open space, and public access and
site planning, with access to such areas designed
and managed so as to give maximum protection
to the resource.
6.17 Mining, Quarrying and Asphalt!
Concrete Batch Plant Best
Management Practices in Critical
Aquifer Recharge Areas.
The following shall be considered minimum
development standards necessary ONLY for mineral
extraction, quarrying and asphalt/concrete batch
operations located in Critical Aquifer Recharge Areas
as defined in Section 3.6.5 of the UDC. See also the
Performance and Use-specific Standards
requirements of Section 4.7 (Asphalt and Concrete
Batch Plants) and Section 4.24 (Mineral Extraction,
Mining, Quarrying and Reciamation) for general
mining, quarrying and asphalt/concrete batch plant
operations. Asphalt batch plants are prohibited in
Special Aquifer Recharge Protection Areas (Section
3.6.5.c(1 )ii).
1. Best Management Practices.
a. Concrete and Asphalt Production at
Stationary Sites. This activity applies to any
activity that mixes raw materials on-site to
produce or enhance concrete or asphalt. It
also applies to subsequent activities such as
pouring concrete structures, and making
other concrete and asphalt products.
Mishandling of raw materials on concrete
production can introduce suspended solids
and heavy metals to stormwater runoff and
cause pH increases in receiving waters. In
addition, storm water pollution can result
from washing of waste concrete from trucks,
forms, wheelbarrows, buckets, and other
equipment in the work area. The loose
chunks of aggregate resulting from washing
of equipment can easily reach storm drains,
either in the wash water itself or in storm
water runoff. Asphalt emulsion and chunks of
aggregate resulting from washing of
equipment used in mixing and production in
much the same way as concrete. Mobile
concrete pouring and asphalt application are
covered under a separate activity in these
administrative rules. Concrete production at
mining sites is also covered by this activity.
(1) Minimum Requirements. The following
BMPs, or equivalent measures,
methods, or practices, are required if
you are engaged in concrete and
asphalt mixing and production:
I. Discharge all process water from
production, pouring, and equipment
cleaning activities to a sump,
process water treatment or
Unifl9d Development Code
Section 6 . Development Standards
Amended by Ordinance No. 04-0422-02
6-21
SECTION 6 . DEVELOPMENT STANDARDS
recycling system, or sanitary sewer
system.
II. Contain the production and pouring
area to prevent stormwater from
entering the area and carrying
pollutants away.
III. Routine maintenance.
A. Sweep the production and
pouring areas weeIcJy, If It Is
paved, to collect loose chunks
of aggregate and raN material
particles for recycling or proper
disposal.
B. Do not hose down area to a
storm drain.
(2) Additional BMPs. The following
BMPs, Intended to provide Improved
pollution control, may be required of an
applicant by the Administrator In a
manner consistent with UDC Section
8:
i. Use an oil control device in the
catch basins to treat stormwater
runoff.
II. Cover the production area with
provisions for prevention of
stormwater run on.
Iii. Pave the mixing, production and/or
pouring area(s) with a slope to a
cantral collection area. For concrete
production and pouring activities, a
sump drain should not be provided
because It would be quickly clogged
with hardened concrete. It may not
be wise to segregate the mixing
and pouring area from the curing
area because waste water from
curing applications could be
collected by a drain. By sloping the
pavement to a central location.
loose chunks of concrete or asphalt
aggregate can be collected more
easily and recycled or disposed of
properly.
b. Storage of LIquId Materials In Stationary
Tanks. This section applies to any activity
that stores any type of liquid chemicals.
waste oils, solvents, or petroleum products In
above ground storage tanks. Leaking tanks
on these sites can contribute toxic
compounds, oils and greases, heavy metals,
abnormal pH. and nutrients to stormwater
runoff. In addition, spills may occur during
liquid transfer operations to and from the
tanks.
This activity does not apply to underground
storage tanks or to businesses permitted by
the Washington State Department of
Ecology to treat, store, or dispose of
dangerous wastes. Storage of reactive,
combustible, or flammable liquids must
comply with the fire code requirements and
may need to comply with the Washington
State Department of Ecology regulations.
(1) MInimum Requirements. The following
BMPs, or equivalent measures,
methods or practices are required if you
are engaged In storage of liquid
materials In stationary tanks:
i. Store and contain liquid materials in
such a manner that If the tank Is
ruptured, the contents will not
discharge, flow or be washed into
the storm drainage system, surface
waters, or groundwater.
OR
Ii. If the liquid is oil, gas or other
material that separates from and
floats on water, Install a spill control
device (such as a tee section) In the
catch basins that collect runoff from
the storage tank area.
Iii. Routine maintenance.
A. Place drip pans or absorbent
materials beneath all mounted
taps, and at all potential drip
and spill locations during filling
and unloading of tanks. Any
collected liquids or soiled
absorbent materials must be
reused/recycled or properly
disposed.
B. Store and maintain appropriate'
spill cleanup materials in a
location known to all near the
tank storage area; and ensure
that employees are familiar
with the site's spill control plan
and/or proper spill cleanup
procedures.
C. Sweep and clean the storage
area monthly If It Is paved; do
not hose down the area to a
storm drain.
D. Check tanks (and any
containment sumps) dally for
leaks and spills. Replace tanks
that are leaking. corroded, or
otherwise deteriorating with
tanks In good condition. Collect
6-22
Unified Development Code
Soçtion 4 . oevê/opment Stsndards
Amended by Ordinance No. 04-0422-02
SECTION 6 . DEVELOPMENT STANDARDS
-
-.
all spilled liquids and properly
dispose of them.
c. Storage of Any LIquid Material In Portable
Containers. This section applies to any
activity that stores any type of liquid
chemicals, waste oils, solvents or petroleum
products in portable containers (such as
drums). This activity covers permanent
storage as well as temporary storage areas
at temporary sites. Spills and drips of these
liquids, or overtopping of storage containers,
can contribute toxic compounds, oils and
greases, heavy metals, abnormal pH, and
nutrients to stormwater runoff.
This section does not apply to businesses
that are permitted by the Washington State
Department of Ecology to treat, store, or
dispose of dangerous waste. Storage of
reactive, combustible, or flammable liquids
must comply with the Washington State
Department of Ecology regulations.
(1) Minimum requirements. The
following BMPs, or equivalent
measures, methods, or practices, are
required If you are engaged In storage
of liquid materials in portable
containers:
i. Place tight fitting lids on all
containers.
. ii. Enclose or cover the containers
where they are stored. The local fire
district must be consulted for
limitations on clearance of roof
covers over containers used to
store flammable materials.
iii. Raise the containers off the ground
by use of pallet or similar method,
with provisions for spill control.
OR
Iv. Contain the material in such a
manner that If the container leaks or
spills, the contents will not
discharge, flow, or be washed into
the storm drainage system, surface
waters, or groundwater.
v. Place drip pans or absorbent
materials beneath all mounted
container taps, and all potential drip
ancJ spill locations during filling and
unloading of containers. Any
collected liquids or soiled absorbent
materials must be reused/recycled
or properly disposed.
vi. Routine maintenance.
A. Store and maintain
appropriate spill cleanup
materials in a location that is
known to all employees
near the tank storage areas,
and ensure that employees
are familiar with the site's
spill control plan and/or
proper spill cleanup
procedures.
B. Sweep and clean storage
area monthly if it is paved;
do not hose down the
area to a storm drain.
C. Check containers (and any
containment sumps) daily
for leaks and spills. Replace
containers that are leaking,
corroded, or otherwise
deteriorating ~ ones in
good condition. If the liquid
chemicals are corrosive,
containers made of
compatible materials must
be used Instead of metal
drums. New or secondary
containers must be labeled
with the product name and
hazards.
D. Collect all spilled liquids and
properly dispose of them.
d. Storage of Soli, Sand, Salt and Other
Erodible Materials. This section applies to
stockpiling erodible raw materials such as
soli, sawdust, gravel, sand and road deicing
salts. It covers permanent sites as well as
temporary construction sites and other
temporary locations. Raw material stockpiles
can easily erode due to wind or precipitation
and contribute suspended solids, nutrients,
heavy metals, and abnormal pH to
stormwater runoff.
(1) Minimum requirements. The following
BMPs, or equivalent measures,
methods, or practices, are required if
you are engaged in the storage or
stockpiling of erodible material on a
normal or temporary basis:
i. Site and contain the stockpiles of
raw material in such a manner so
as to prevent off-site impacts of
surface water runoff, erosion, and
sedimentation.
Ii. Routine maintenance.
A. Sweep paved storage areas
monthly for collection and
'-
Unified Development Code
Section 6 . Development Standards
Amended by Ordinance, No. 04-0422-02
6-23
SECTION 6 . DEVELOPMENT STANDARDS
disposal of loose solid
materials; do not hose down
the area to a storm drain or
conveyance ditch.
B. Stock cleanup materials, such
as brooms, dust pans, and
vacuum sweepers (if desired)
near the storage unit.
(2) Additional BMPs. The following
BMPs, Intended to provide Improved
pollution control, may be required of an
appncant by the Administrator In a
manner consistent with UDC Section
8:
I. A catch basin Insert, configured for
sediment removal, may remove
some of the pollutants In runoff from
this activity. (Catch basin Inserts
required frequent maintenance to
be effective. Carefully consider this
when making your decision.)
e. Engine Repair and Maintenance. This
activity applies to operations that conduct
engine repair and maintenance In vehicles
and other equipment. It also applies to
mobile vehicle maintenance operations, such
as at construction sites. This common
activity can lead to Immediate stormwater
contamination If it Is not done In a controlled
manner. This activity can contaminate
stormwater with toxic hydrocarbons, other
toxic organic compounds, oils and greases,
abnormal pH, and heavy metals. Related
vehicle maintenance activities are covered
under the following activity headings In these
administrative rules: -Painting, Finishing, and
Coating of Vehicles, Products and
Equipment,- "Vehicle Washing and Stream
Cleaning; -Fueling Operations, and Vehicle
and Equipment Parking and Storage.-
(1) Minimum Requirements. The
following BMPs, or equivalent
measures, methods, or practices, are
required If you are engaged In engine
repair and maintenance:
I. If temporary work is being
conducted outside, use tarp, ground
cloth, or drip pans beneath the
vehicle or equipment to capture all
spills and drips. The collected drips
and spills must be disposed of,
reused, or recycled properly.
Ii. If the work Is done on a regular
basis at a stationary business
location, move the activity indoors.
ill. Routine maintenance.
f.
A. Employees must be educated
on proper handling and
disposal of engine fluids.
B. Store and maintain appropriate
spill clean up materials In a
location known to all; and
ensure that employees are
familiar with the site's spill
control plan and/or proper spill
cleanup proceciures (reusable
cloth rags can be used to clean
up small drips and spills
instead of disposables; these
can be washed by a permitted
industrial laundry. Do not clean
them at home or a coin
operated laundry business).
C. Sweep the maintenance area
weekly, If it Is not paved, to
collect loose particles, and
wipe up all spills with rags and
other absorbent material
Immediately; do not hose
down the area to a storm
drain.
(2) Additional BMPs. The following BMPs,
Intended to provide Improved pollution
control, may be required of an applicant
by the Administrator In a manner
consistent with UDC Section 8:
i. Absorbent material such as pillows
or brooms can be used around
storm drains or in catch basins to
absorb 011 and other substances. A
qualified disposal contractor must
pick up used absorbent material
containing 011 or other engine fluids.
II. A catch basin Insert, configured for
oil removal, may remove some of
the pollutants In runoff from this
activity. (Catch basin Inserts require
frequent maintenance to be
effective. Carefully consider this
when making your decisions.)
Vehicle Washing and Steam Cleaning.
This activity applies to operations that
receive shipments of bulk liquid materials by
truck or rail and transfer those liquids Into
storage tanks or containers or handle the
truck or rail loading of liquid materials from
tanks. Spills and drips of these liquids can
potentially contribute toxic organic
compounds, oils and greases, nutrients,
heavy metals, and abnormal pH to
stormwater runoff.
6-24
UnifiedDevelopment Code
Section 6 . oevÐlopment Standards
Amended by Ordinance No. 04-0422-02
"-
SECTION 6 . DEVELOPMENT STANDARDS
(1) Minimum requirements. The following
BMPs, or equivalent measures,
methods, or practices, are required if
you are engaged in vehicle washing and
steam cleaning:
i. It is allowable to rinse down the
body of a vehicle, including the bed
of a truck, with just water without
doing any washwater control BMPs.
Ii. If you wash (with mild detergents)
on an area that infiltrates water,
such as gravel, grass or loose soli,
it is acceptable to let the washwater
infiltrate as long as you only wash
the body of the vehicles.
iii. However, if you wash on a paved
area and use detergents or other
cleaners, or if you wash/rinse the
engine compartment or the
underside of the vehicles, you
MUST DO ONE of the following
options:
A. Designate and pave wash area
to wash all vehicles in.
Discharge wash water from
vehicle cleaning operations to
a sanitary sewer, holding tank,
or process treatment system or
process through an enclosed
recycling system. The local
sewer authority may have limits
on the types and amounts of
pollutants, such as oil and
heavy metals that can be
discharged to a sanitary sewer.
Absolutely no untreated wash
water can enter storm drains.
OR
B.
-
""-
Designate and pave wash
area to wash all vehicles in.
Use a storm drain cover or
other effective method of
preventing all wash and rinse
water from entering a storm
drain or other drainage
system feature. All runoff
from the activity must be
collected from proper
disposal to a sanitary sewer.
A wet vacuum or pump can
be used for this. There are
several products
commercially available that
enable collection of runoff.
This requirement also
applies to mobile vehicle
washing services.
OR
C. Take the vehicles to a
commercial car wash or use
a mobile washing service
that complies with (A) or (B)
above.
Iv. Designated wash area must be
well-marked with signs indicated
wher and how washing must be
done.
Oil changes and other engine
maintenance cannot be
conducted in the designated
washing area.
g. Optional BMPs. The BMPs listed below are
measures that should be considered at all
times for improving pollution control. While
these BMPs are not mandatory, applicants
are encouraged to incorporate them in their
plan for implementing BMPs, and the
Administrator may, in a manner that is
consistent with Section 8 of this UDC,
require that an applicant implement one,
several or all of the BMPs listed in this
section. Implementing one, some or all of
these BMPs may reduce or eliminate the
need to implement other more complex or
costly BMPs.
(1) Locate activities as far as possible from
surface drainage paths. Locating
activities on high ground, far from
drainage paths, ditches, gutters and
storm drains allows more time to
recognize spills and act to prevent water
contamination.
(2) Avoid the activity or reduce its
occurrence. Often an alternative
production process or material
application process can be used to
substitute for another, more polluting,
process. Ideally, a polluting activity can
be avoided altogether, or its frequency
of occurrence reduced. An example is
washing vehicles less often or taking
vehicles to commercial car washes or
detail shops râther than washing on site.
(3) Use less material. Improper disposal of
excess material or increased application
of materials simply because excess is
available can cause pollution. Purchase
only the amount of material that will be
needed for foreseeable use. In most
cases you will see cost savings in both
purchasing and disposal.
(4) Use the least toxic materials available.
All applications of solid and liquid
v.
Unified Development Code
Section 6 . Development Standards
Amended by Ordinance No. 04-0422-02
6-25
SECTION 6 . DEVELOPMENT STANDARDS
materials should use the least toxic
. products and raw materials available,
whether in production; cleaning;
pesticide applications; or other uses.
(5) Create and/or maintain vegetated areas
near actJvJty location. Grass and types
of vegetation can filter out many
pollutants in stormwater runoff.
Vegetated areas should be maintained
around areas where polluting activities
occur, especially down slope of activity
areas. Routine maintenance will keep
vegetated areas healthy and capable of
filtering pollutants.
(6) Recycle as much as possible. Recycling
is always preferable to disposal of
unwanted materials. Leftover paints,
finishes, cleaning materials, building
materials, etc. may be used by someone
else, so don't throw them away. Contact
a neighbor, friend, school, church,
community group. theater group. etc. to
see If your leftover materials can be
used. Many empty containers and other
common Items are recyclable. Contact
the Jefferson County Recyciing Center
for recycling options.
(7) Educate others about stormwater
polluUon prevention. Educate your
employees, business associates,
contractors, family, and friends about
stormwater pollution control. Encourage
others to find solutions to stormwater
pollution problems. and to continue
learning about pollution control
techniques.
(8) Implement treatment BMPs. Treatment
BMPs are used to remove pollutants
from stormwater before being
discharged from a site. These include 011
separators and other catch basin inserts
that control pollutants in the piped
system and as well as numerous
biological systems such as a biofiltration
swales, ' infiltration, and constructed
wetlands. These BMPs may be a
preferred option in certain
circumstances.
1. Best Management Practices (BMP) Report
Criteria. The following criteria shall apply when
preparing a Best Management Practices (BMP)
Report:
a. The report shall be prepared by, or done
under the direction of or designed by, a
qualified person with demonstrated expertise
In the Industry or field as demonstrated by a
statement of qualifications.
6-26
b. The report will identify appropriate BMPs and
how they will be employed to prevent
degradation of groundwater. Examples of
BMPs are found In Section 6.17.1. All
necessary technical data, drawings,
calculations, and other Infonnation to
describe application of the BMPs must be
supplied.
c. The report shall Identify how the applicant
will satisfy the requirements of the
Dangerous Waste Regulations, chapter 173-
303 WAC In the event that hazardous
material Is released Into the ground or
groundwater.
d. The report shall be reviewed by the
Department of Community Development or a
consultant hired by the County, at the
applicants expense. for this review. The
County may consult with the Jefferson
County Health Department; State of
Washington Departments of Health or
Ecology, Independent reviewer, or any
parties as sees fit.
6.18 On-Slte Sewage Disposal Best
Management Practices In Critical
Aquifer Recharge Areas.
The following best management practices (BMPs) are
required to meet minimum onslte sewage standards
within Critical Aquifer Recharge Areas, as Identified In
Section 3.6.5 of this Code, from the Jefferson County
Health Department, when the following conditions are
present.
1. The contaminants of concern, bacteria and
nitrogen, are not fully treated (removed) from
wastewater In Type 1A and 2A soils (excessively
coarse) with conventional gravity fed onslte
sewage systems. To more adequately protect the
groundwater in these areas from contamination
by these elements the standards in this section
have been developed utilizing a combination of
treatment systems and land use density
parameters.
2. Where land use densities are such that adequate
aquifer protection is not insured, best
management practices for onslte sewage shall
apply to new development. or expansion (as
defined In WAC 246-272-01001) of existing
development when an ensIle sewage disposal
system is installed.
a. Tables 1 and 2 (attached) shall be used to
determine the type of onsite sewage
disposal system required and the minimum
lot size In different soli types where public
water Is available. Lot size requirements are
taken from the Washington State Onsite
UnifiertDevefopment Code
Section 6 . Development Standards
Amended by Ordinance No. 04-0422-02
'-'
SECTION 6 . DEVELOPMENT STANDARDS
"-
Sewage Code 246-272 Table VII. Soil
Textural Classifications and minimum
standards for Methods of Effluent
Distribution for Soli Types and Depths are
taken from WAC 246-272 Tables II and VI,
respectively.
b. In critical aquifer recharge areas, no on-site
sewage pennlt will be issued where public
water systems are not available on lots less
than one (1) acre, except as permitted In
Section C., below.
c. When lots sizes do not meet the area
requirements specified in Tables 1 and 2,
and lot consolidation is impracticable, an
approved composting toilet and greywater
treatment system may be pennitted. Pennlts
for composting toilets shall include a
condition requiring further treatment of toilet
waste at the Port Townsend composting
facility or other approved site. Onslte use or
disposal of the tollet-generated compost
shall not be allowed.
d. BMPs shall be updated as new technologies
are reviewed and approved by Jefferson
County Environmental Health and/or
Washington State Department of Health.
Criteria for review of new or existing systems
will include, but not be limited to adequate
laboratory evidence provided by the system
proprietor of a minimum of 50% total
nitrogen reduction prior to final disposal.
Currently, acceptable BMPs Include:
(1) Intennittent sand filter followed by a
shallow pressure distribution system
(also meets Treatment Standard 2).
(2) Recirculating gravel filter.
(3) Composting and Incinerating toilets - if
these are used, greywater from the
facility shall be treated by the method
nonnally required by the site and soli
conditions required under WAC 246-
272. For example: Type 1 A soils require
Treatment Standard 2 under WAC 246-
272. Only composting or incinerating
toilets listed as approved proprietary
devices by the Washington Department
of Health may be pennitted.
e. Systems that meet Treatment Standard 2
are listed and approved by the Washington
State Department of Health and are
available in the Guidelines for the Application
of Treatment Standards 1 and 2. Only those
systems that meet Treatment Standard 2
and are listed as Nitrogen Reduction BMPs
(in subsection c, above) meet the standard
---
Unified Development Code
Section 6 . Deve/opmtmt Standard:;
Amended by Ordinance No. 04-0422-02
for Critical Aquifer Recharge Area
requirements In Type IA solis.
f. Where a question/disagreement regarding
the soli texture exists the following procedure
shall be used:
(1) Sample will be taken in the presence of
Jefferson County Health Department
staff.
(2) Chain of custody protocol shall be
followed.
(3) Lab reports shall be sent to Jefferson
County Environmental Health Division
and the applicant, or applicanfs
representative, for review.
6.19 Noise.
The intensity of sound emitted by any commercial or
Industrial activity shall not exceed levels established
by the Washington State Department of Ecology
under WAC 173-60, and by Jefferson County under
Resolution No. 67-85, -Establishment of
Environmental Designations for Noise Abatement
Areas for Jefferson County."
6-27
--
SECTION 6 . DEVELOPMENT STANDARDS
6-28
Unified-Devefopment Code
Section 6 . DetRIlopl1lÐnt Standards
Amended by Ordinance No. 04-0422-02