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Development Agreement
435974 Pape: 1 of 541 06/04/2000 11:40R Jefferson County, WA POPE RESOURCES RESO 696.00 RETURN ADDRESS: JEFFERSON COULNI'Y BOARD OF COMISSIONERS DOCUMENT TITLE REFERENCE NUMBERS (S) OF RELATED DOCUMENTS GRANTOR (S) (Last, First and Middle Initial) GRANTEE (S) (Last, First and Middle Initial) LEGAL DESCRIPTION (Abbreviatoform;(i.e, I�t,*ck,/�lat or section, township, range,quarter/quarter) CE ASSESSOR'S PROPERTY/TAX PARCEL/ACCOUNT NUMBER 1 The Aud /Rend will rely on the information provided on this form. The staff will not read the dp�t ne to rify a accuracy or completeness of the indexing information provided herein. 1 am ue ing`art emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. ders d)that the recording processing requirements may cover up or otherwise obscure some part of the�text of t e original document. Signature )W6�� W-46"__`,A Date0o 435974 Pass: 2 of 541 06/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 590.00 ATTACHMENT 1 Additional Tax Parcel Numbers Residential Lots RP 968 600 027 LUDLOW BAY VILLAGE LOT TH-14 RP 968 600 028 LUDLOW BAY VILLAGE LOT TH-15 RP 968 600 029 LUDLOW BAY VILLAGE C) LOTS TH-16 & 16A RP 968 600 030 LUDLOW BAY VILLAGE LOT TH-17 RP 968 600 031 LUDLOW BAY VILLAGE LOT TH-18 RP 968 600 032 LUDLOW BAY VILLAGE LOT TH-19 RP 968 600 033 LUDLOW BAY VILLAGE LOT TH-20 RP 968 600 034 LUDLOW BAY VILL LOT TH-21 RP 968 600 035 LUDLOW BAY VI LOT TH-22 RP 968 600 036 LUDLOW I AGE LOT TH-23 RP 968 600 037 LUDLOW A V E LOT TH- 4 RP 968 600 038 LLI�ILAGE RP 968 600 039 ^LUDWOW-BAY VILLAGE RP 968 600 040 L LO"AY VILLAGE -27 RP 968 600 04 W BAY VILLAGE C� TS TH-28 & 28A RP 968 600 0 LOW BAY VILLAGE OTS TH-29 & 29A RP 96 0 LUDLOW BAY VILLAGE LOT TH-30 9 6 0 LUDLOW BAY VILLAGE LOT TH-31 968 045 LUDLOW BAY VILLAGE LOT TH-32 RP 600 046 LUDLOW BAY VILLAGE 435974 Page; 3 of 541 Jefferson County, WR POPE RESOURCES RESO 598.001:40A LOT TH-33 RP 968 600 047 LUDLOW BAY VILLAGE LOT TH-34 RP 968 600 048 LUDLOW BAY VILLAGE LOT TH-35 RP 968 600 049 LUDLOW BAY VILLAGE LOT TH-36 RP 968 600 050 LUDLOW BAY VILLAGE LOT TH-37 RP 968 600 051 LUDLOW BAY VILLAGE LOT TH-38 RP 968 600 052 LUDLOW BAY VILLAGE LOT TH-39 RP 968 600 053 LUDLOW BAY VILLAGE LOT TH-40 RP 968 600 054 LUDLOW BAY VILLAGE LOT TH-41 RP 968 600 055 LUDLOW BAY VILLAGE LOT TH-42 RP 968 600 056 LUDLOW BAY VILLAGE LOT TH-43 RP 968 600 057 LUDLOW BAY VILL LOTS TH-44 & 44A RP 968 600 058 LUDLOW BAY VI LOTS TH-45 45 RP 968 600 059 LUDLOW I A LOT TH-46 RP 968 600 060 LUDLOW A V GE LOT TH- 7 RP 968 600 061 LUL�I O LAGE I.Ii!L4:9 i W:xt",, RP 968 600 063 L LO"AY VILLAGE T -50 RP 968 600 06 W BAY VILLAGE T TH-51 RP 968 600 0 LOW BAY VILLAGE OTS TH-52 & 52A RP 96 0 6 LUDLOW BAY VILLAGE LOT TH-53 9 6 0 LUDLOW BAY VILLAGE LOT SF-1 9686 0 010 LUDLOW BAY VILLAGE LOT SF-2 RP 600 011 LUDLOW BAY VILLAGE RP 968 600 012 RP 968 600 013 Commercial Parcels LOT SF-3 LUDLOW BAY VILLAGE LOT SF-4 LUDLOW BAY VILLAGE LOT SF-5 968600008 968600007 968600004 968600001 968600002 968600003 968600005 435974 Pape: 4 of 541 06104/2000 11:40A Jefferson County. WA POPE RESOURCES RESO S98.00 PARCEL RI PARCELS R2, , 3 S�% PARCELI PARCEL M4 f - cue /- et 435974 Paso: 6 of 541 00104/2000 11:40R Jefferson County. WR POPE RESOURCES RE50 599.00 STATE OF WASMNGTON County of Jefferson IN THE MATTER OF A RESOLUTION } to enter into a development agreement with } Resolution N 2—DO land owned by Pope Resources per Chapter } 36.70B.170 and Chapter 36.70B.200 } Revised Code of Washington } C) The Jefferson County Board of Commissioners enters the followingtlisi I . On August 28, 1998 the BOCC adopted Resolution No 2-9 eshe Jefferson County Comprehensive Land Use Plan in accordance with th owth agement Act Chapter 36.70A RCW. 2. The Comprehensive Plan established the Port Ludlow M4stgr P ned Resort. The Comprehensive Plan contains policies in LNG 25.0 of the L se and Rural element, which maintain the viability of Port Ludlow, as Jefferson County's only M er anned Resort (MPR). 3. On October 4, 1999 the BOCC adopted Or 1 c o.-1004-99 as development regulations for the Port Ludlow Master Planned Re,ort. 4. Pursuant to Chapter 36.70B.170 Jcffe on o ay enter into a development agreement with a person having ownership of real pyope)-ty it Jefferson County. 5. Land Use and Rural Stra C, stet Planned Resort, Action Item 3 of the Comprehensive Plan (page 3-94) allows fo�r ti o a velopment Agreement between Jefferson County and Pope Resources (Olympic rP Gr pursuant to Chapter 36.70.B.170 RCW. 6. The Board of Co i oners finds that the Development Agreement is consistent with the applicable devclo*ncegula(1pbs adopted by Jefferson County under chapter 36.70A RCW. NOW, THEREFORE, B T�SOLVED by the Board of County Commissioners, Jefferson County, Washington, as follow s: 1.0 The ado 0 ortudlow Development Agreement (attached hereto as Exhibit A) covering appro ly 200 acres of land owned by Pope Resources and located in Jefferson County furthers the 1 's h It , safety and welfare by allowing development to take place in a predictable manner c sis t ith the County's Comprehensive Plan and the Port Ludlow Master Planned Resort Code, di ce .08-10004-99. 2.0,The oa d intends this Resolution shall apply to all land owned by Pope Resources within the Port ,Lu o Master Planned Resort, to the extent permitted by law. 435974 Page; a of 641 08/00 Jefferson County, WA POPE RESOURCES RESO4f500.90 40F1 3.0 Effective Date. This resolution shall become effective on the 8th day of May 2000. 4.0 Adoption. Adopted by the Jefferson County Board of Commissioners this -9— day of , 2000. SEAL:.- -• 40 . w ATTEST. Lorna Delaney, Clerk of the Board APPROVED AS TO FORM: ONLY C" o>i 0 0 Juelanne Dalzell Jefferson County Prosecuting Atto y O Al Scalf, Di Department "EXHIBIT A" 435974 Pass: 7 of 541 08104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 596.00 PORT LUDLOW DEVELOPMENT AGREEMENT 1. PARTIES, PLANNING CONCEPT and RECITALS 1.1 PARTIES This DEVELOPMENT AGREEMENT ("Agreement") is entered into t i ay of 2000, by and between POPE RESOURCES , a Delawar to Partners .p, its subsidiary companies OLYMPIC PROPERTY GR L (a Washington limited liability company), OLYMPIC RESORTS L a s ing limited liability company), OLYMPIC WATER AND SEWER, hington corporation), OLYMPIC REAL ESTATE DEVELOPMENT a ington limited liability company) (collectively referred to as "Pop erei a er) JEFFERSON COUNTY, a municipal corporation u the a t e State of Washington. This Agreement relates to real prop nsisti ome 1200 acres owned by Pope and located in Jefferson County, shingt n ithin the area known as the Port Ludlow Master Planned Resort or "Port a ow M " The term "Pope Property" as used elsewhere in this Development Ak,ee en shall include and shall refer solely to the property owned by Pope wit the Port Lu ow MPR, as described in Exhibit 1 (the "Pope Property"). 1.2 PLANNING CONCEP'��E A plan for future buildo60 e Pp operty within the Port Ludlow MPR promotes growth management and -ctives of the County, including reasonably priced housing; in va ve d ensitive land development with clustering and critical area tracts; environm nt 1 pr to tion; creative mix of resort, commercial and residential uses; ands st ina e o is vitality. 1.3 1. .1 The'l"hington State legislature finds that the lack of certainty in the approval of d nt projects can result in a waste of public and private resources, espgate-hpuginj costs for consumers and discourage the commitment to comprehens v pl i g which would make maximum efficient use of resources at the least econo c t the public. RCW 36.70B.170. Jefferson County is a municipal corporation under the laws of the with authority to enact laws and enter into agreements to promote 1 welfare of its citizens, including the approval of land use plans and 435974 Papa: 0 of $41 09/0412000 11:40A Jefferson County, WA POPE RESOURCES RE50 508.00 1.3.3 The County is authorized by state law to enter into a development agreement that will set forth the requirements for future development in the Port Ludlow MPR. RCW 36.70B.170. 1.3.4 Port Ludlow has been designated formally as a Master Planned Resort, as defined in RCW 36.70A.362, in the Jefferson County Compreher Plan adopted on August 28, 1998, in Resolution No. 72-98. 1.3.5 The County has allocated and reserved from its o on recast prepared by the state Department of Community, Trade and Econo i e "its op n 2250 residential dwelling units (at buildout) to the entire Port Lu M incl ing Pope Property. Residential dwelling units do not include transien , e or commercial properties. /� 1.3.6 In keeping with the Growth e e tAdt' purpose of promoting wise use of land through coordinatedrve effo e Jefferson County Countywide Planning Policies and the Compreh ticipate completion of the resort/residential community of Port Ludlow. 1.3.7 This Agreement re s to the future development of real property owned by Pope or any of its subsidiary co es located in Jefferson County, Washington. The Pope Property is compere f a roximately 1200 acres of land and is part of the Port Ludlow MPR. 1.3.8 The Port residential, resort, community recreational areas, including a 1.3.9 areas, such as Port and the existing uj .1 Ludlow furthers ffieA and the Com ehen ' ( (�� 1 �as a variety of designated uses including e Commercial Center, open space and marina. a" of land use decision -making involving large land t-ftnique opportunities for the benefit of the County is of the Port Ludlow MPR. 'onty has determined that the coordinated planning of Port of the County, as reflected in the Countywide Planning Policies 'The parties to this Agreement acknowledge that the Zoning t Ludlow MPR is in conformance with the standards set forth in the Policies and the Jefferson County Comprehensive Plan and is als and requirements of the Growth Management Act. As of the date of this Agreement, Port Ludlow has approximately 435974 Pass: 9 of 541 00/04/2000 11:40R Jefferson County, WA POPE RESOURCES RESO 598.00 1791 developed homes, condominiums and platted lots, as well as a small resort, marina and commercial center. All parties acknowledge there is a development cap for the Port Ludlow MPR set forth in the zoning chapter as "Measurement ERUs" (Measurement Equivalent Residential Units or MERUs). Total allowed development within the Port Ludlow MPR is 2,575 MERUs, with a residential unit maximum of 2,250, as set forth in zoning chapter adopted by the Board of County Commissioners on October 4, 1999 in Ordinance 08-1004-99. n 1.3.13 Buildout of the Pope Property is expected to occ next ten to twenty years. Pope, Jefferson County, Port Ludlow communit ro d members of the public at large will invest considerable time in the o ty ermit review process for the future buildout of the Pope Property. A d 1 pm t gre ent is an appropriate way of providing certainty over time with respect to e ' t densities, uses, development standards and other aspects of the develo ent v w ocess. 1.3.14 The parties to this Agreement o le" separate document entitled Memorandum of Understanding regardin t rovisi sewer service (Sewer MOU), which document was approved by the B ar of Co nt Commissioners on October 4, 1999. 1.3.15 Pursuant to RCW fifteen (15) day comment period, which 2000, and a hearing was held before the Commissioners on May I , 2000. T took official action adopting this,,�Agreej 200, this -Agreement was the subject of a i April. 19, 2000 to MaY 5 , .i County Board of County Commissioners reviewed and , 2000. u 2. POPE PROPERTY ELEM 2. L POPE PROP Y The Pope P rt co I approximately 1200 acres. The Pope Property is described with p u a y ' E ibit 1. A map showing the location of the Pope Property withinit L to PR is attached as Exhibit 2. 2.2 MPR DESIGNATED ZONES The L 1 w MPR includes the following designated zones, with permitted uses as deft e Ludlow MPR Zoning Chapter of the Jefferson County Code, attached aA hereto: Single Family (MPR-SF) �ingle Family Tracts (MPR-SFT) Multiple Family (MPR-MF) 2000 435974 Paps, 10 of 541 Jaf'arson County, WA POPE RESOURCES RE5o4l690.001`40A • Resort Complex/Community Facilities (MPR-RC/CF) • Village Commercial Center (MPR-VC) • Recreation Areas (MPR-RA) • Open Space Reserve (MPR-OSR) 2.3 MAP OF MASTER PLANNED RESORT AND PERMITTED USES Attached as Exhibit 3 is a map of the Port Ludlow MPR in a Exhibit 2 shows the location of the Pope Property within the Port Lt 3. DEVELOPMENT STANDARDS 3.1 PERMITTED LAND USES AND DENSITY STANI�AAI 9; ZONING The permitted land uses, regulatory standards and d n ity s ards'for development within the Pope Property are set forth ' P MPR Zoning Code chapter of the Jefferson County zoning cod , a hed endix A. 3.2 PLANNING GOALS AND OBJE T ES The planning goals adopted by J fe on County in the Comprehensive Plan shall be the policy guidance and the foundation a ture development of Pope Property. The Comprehensive Plan policies for thee�t d MPR are attached as Appendix B. �^ 3.3 SURFACE WATiE�Z i All future development with th ort Ludlow MPR shall be subject to the Jefferson County Stormwater ge Ordinance #10-1104-96. A copy of the ordinance is attached i A n ix C. rhe County shall be responsible for the management of surfa =er a lie road rights of way, easements accepted by the County for mainte y.eas dedicated to the public. 3.4 CRJTWAL�AREA STANDARDS The critical a as, oundaries of such critical areas and allowed uses within the critical areas e rt udlow MPR shall be determined based upon the Jefferson County Inte ' Cri is 1 Areas Ordinance No. 05-0509-94 as amended by Ordinance No. 14-0626-95. A y f the ordinance is attached in Appendix D. ATTING STANDARDS tt g within Port Ludlow MPR shall be pursuant to RCW 58.17 and the Jefferson Co t Subdivision Ordinance No. 04-0526-92 and within the time frames adopted by 1, 2000 4 435974 Pao*: 11 of 541 J*ff*rson County, WA POPE RESOURCES RE$041200 001.40A Jefferson County pursuant to the 1995 Regulatory Reform Legislation, ESHB 1724 (ch. 347, Laws of 1995), as codified in Land Use Application Procedures Ordinance No. 04- 0828-98. A copy of the ordinances are attached in Appendix E. 3.6 SHORELINE MASTER PROGRAM All future development within the Port Ludlow MPR shall be suNec o the Jefferson County Shoreline Master Program in effect as of the date of this A r ment. A copy of the applicable Shoreline Master Program is attached as Append'��._ 3.7 PORT LUDLOW WATER SERVICE Water main extensions and water system improvements th maO�equired to serve the Pope Property shall be installed in conformance wi e o c ent approved specifications and requirements, at the time of installation, f e u ow ter Company Water System Plan, the Jefferson County rdi at a r System Plan and the Washington State Department of Health, and r ap laws, ordinances, rules and regulations. n 3.8 PORT LUDLOW SEWER SER Sewer mains and sewer system im1m Pope Property shall be installed in conform; specifications and requirements of the o e by the Department of Ecology, and all o i, regulations. 3.9 POLICE Jefferson 3.10 that may be required to serve the the most current, approved s General Sewer Plan, as approved e laws, ordinances, rules and lice services within the Port Ludlow MPR. Fire se ces ith' th Port Ludlow MPR shall be provided by Jefferson County Fire District No. > ation fees associated with development, if any, shall be determined pa' t to applicable state and local law. 3.11 `FL ,X ILITY AND MODIFICATION OF POPE PROPERTY DEVE EMENTS, STANDARDS FOR DEVELOPMENT AND OTHER MIU6ATWM BY COUNTY evelopment of Pope Property described in this Agreement, including the Appendices, provides the desired initial definition and certainty of the Pope 2000 435974 Page: 12 of 541 0510412HO 11:40A Jefferson County, WA POPE RESOURCES RESO 508.00 Property buildout. However, the parties acknowledge that modifications to the proposed development will occur during the buildout period in order to achieve a variety of purposes, including: incorporation of new information; responding to changing community and market needs; encouraging reasonably priced housing; and encouraging modifications that provide comparable benefit or functional equivalent with no significant reduction of public benefits or increased cost to the development (collectively, "Flexibility Objectives"). 3.12 COUNTY PROCESSING AND REVIEW 3.12.1 CountReview Procedures and Standards The review and approval of proposed development . ns proposed by Pope for Pope Property shall be pursuant to the Port Ludl nl Ordinance (Appendix A) and the County's Land Use Application Pro res in , Ordinance 04082S-9S, which is attached in Appendix E. 3.12.2 SEPA Compliance 3.12.2.1 Prior EIS. a parties ac owledge that potential impacts and mitigation measures for certain future ev opment of the Pope Property have been reviewed in prior environmental documen i lu ' g environmental impacts from the development of Ludlow Bay Village, 1 'n resort vicinity of the Port Ludlow MPR. The parties acknowledge at t e EI s reviewed potential impacts and mitigation regarding potential me t macro -level and were not project - specific EISs. The prior reviews wei(e Oubli�hod in the following documents: Lw (October 1992); (April 1993); (October 1992); (April 1993). 2.2 Future SEPA Review for Individual Projects. The parties agree that thi A re e and the prior EISs set forth the regulations and certain mitigation r q ire a is to be applied to future Pope Property development proposals. The parties ee that new environmental review (SEPA compliance) shall be requir o a ure project that is not categorically exempt from SEPA review. Rele t i tion from prior EISs shall be used to the fullest extent possible in future E re 'ew. his review may result in adoption of the prior EISs, issuance of an d d o supplement to the prior EISs, or issuance of a new threshold determination o0 n- ignificance or significance, incorporating information from the prior EISs. The 1, 2000 435974 Pam 13 of 541 08/04/2000 11:40A Jefferson County, NA POPE RESOURCES RESO 599.00 scope of future environmental review shall be limited to considering only information of how or whether the new or modified projects differ from or exceed the scope of the prior EISs and resulting potentially significant adverse impacts relating to project differences or changed scope. 3.12.2.3 Nothing in Section 3.12.2 shall release Pope or its successors, successors in title or assignees from complying fully with the to ps of the Port Ludlow MPR Zoning Ordinance (Appendix L regarding the mandato Supplemental EIS that is and shall be required for any `resort plan deve e t described in Section 3.904 of the Port Ludlow MPR Zoning Ordinance. 3.13 VESTING OF DEVELOPMENT STANDARDS All development proposed on Pope Property shall eth�oqu� �ed verned by the Port Ludlow MPR chapter of the Jefferson County Zonin Section 3.1 and Appendices A-F) and shall be imple tots, short plats, binding site plans, boundary line adjustments, sit d op, building permits and other permits and approvals issued by the C u ty. Th v sting period shall be the same as the term of this Agreement. Except as o e ise p o 'ded in Section 3.13.1 through 3.13.3 below, any new or different e o m t standards adopted by the County during the term of this Agreeme all not app y to Pope Property. To the extent this Agreement does not establish stand a] o equirements covering a subject, element or condition, then the development approval g shall vest to and be governed by the County codes, regulations and standar i e ct on the date of the future application. The development standards idea ' fied n t ment shall apply to the Pope Property for the term of this Agreement, ept, 3.13.1 Publ Commissioners reserve the requirements of devel p@�i, ; Agreement, after extent required tc 36.7013.170. / 3. of County The Board of County modify one or more of the standards or rt Ludlow MPR during the term of the g and adoption of findings and conclusions, to the to public health or safety, as provided in RCW Species Act and other Federal mandates. The Board the right to enforce new or different standards of by federal or state law, such as the Endangered Species Act. 13- 3<3 Notwithstanding the foregoing, the Uniform Building Code, Code and other construction codes in effect on the date of the development ding permit or other construction application shall apply, except no code the date of this Agreement shall require retrofitting or modification of ities or other infrastructure which are installed or approved to be installed in , 2000 435974 Pass: 14 of 641 09/04/2000 1 ::40R Jefferson County, WA POPE RESOURCES RESO 598.00 accordance with this Agreement unless such retrofitting or modifications are required to avoid a serious threat to public health or safety 3.14 After Termination. Any development applications for Pope Property submitted after the expiration of this Agreement shall be vested to the development standards in effect at the time of the submission of a completed development application, pursuant to the then -effective state and local law. 3.15 Ludlow Bay Village Plat. 3.15.1 The parties acknowledge that development o the r ort co lex may require alteration of the Ludlow Bay Village Plat. One opti ttit, i s rn exercise regarding any required plat alteration is to process and co plat alteration in conjunction with (or on a parallel track with) tWIlteration. p proposal. Alternatively, if the plat alteration is not decided until after=reo x proposal has been decided, the County shall ensure that any a ovart complex is conditioned or made contingent upon approval of yn qui 3.15.2 Any application for alters 'o of the low Bay Village Plat shall be processed pursuant to the County land use ro ordinance and applicable state law. A public hearing shall be requi d for any n ssary plat alteration, and the review process shall consider the criteria i W 58.17.215 controlling plat alterations. 4. GENERAL PROVISIONS 4.1 GOVERNING LAO This Agreement shall and regulations of theSt,#tc o sh' on. 4.2 B CCESSORS AND SUCCESSORS IN TITLE; ASSIGNMENT, A O IABILITY 4. is Op-, shall be binding upon and inure to the benefit of the successor , u s s 'n title and assigns of Pope and each of its related entities executing t s �e ent and upon the County. " Assignment. The parties acknowledge that development of Port sale and assignment of portions of the Pope Property to other n, develop and/or occupy portions of the Pope Property and ope shall have the right to assign or transfer all or any portion of the -fights or obligations under this Agreement or in the Pope Property to and interpreted in accordance with the laws 435974 Pao@: 16 of 541 06/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 other parties acquiring an interest or estate in all or any portion of the Pope Property, including transfer of all interests through foreclosure (judicial or non judicial) or by deed in lieu of foreclosure. Consent by the County shall not be required for any transfer of rights pursuant to this Agreement. Upon the transfer or assignment under this Section 4.2.2, where the transferee agrees to assume obligations hereunder pertaining to the property ansferred or assigned, the transferee shall be entitled to all interests and rights and be 'ect to all obligations under this Agreement pertaining to the property transferred z n d, and Pope shall be released of liability under this Agreement for the propert erre or assigned, but shall retain liability for any breach which occurred p ' r tp t tran fie of rights to another party and for those portions of the Property still ed b ope. 4.2.3 Release of Liability. Pope shall be r Je ed o 1 ab ties and obligations under the Agreement if: (a) Pope provides noti e o th unt f an assignment of the Agreement and (b) the assignee h s e'ting the obligations of the Agreement. If the conditions for release ar nder ' b-section, then from and after the date of transfer, Pope shall have no u her lia 1I'ty or obligation under the Agreement, and the assignee shall exercise the ri h and p rf rm the obligations of Pope under the Agreement for that portion of the Pope e a wired by the successor or assign. The parties acknowledge that Po ay trans er or assign title to a portion of Pope Property in any manner consistent with"this Agreement. Should the transfer or assignment of title relate to only a portion of roperty, then the release of liability pursuant to this paragraph shall only ap to ct omissions arising from or related to the portion of Pope Property berg ass '7'�7 �nsfprred. n V 4.3 RECORDING; TO RESIDENTIAL DEVELOPMENT This Agreeme ha]I e4mc9k d with the Jefferson County Auditor against the Pope Property as a o e ith the land and shall be binding on Pope, its successors, succe s rs . it M assigns. Upon the approval of a final plat, a condominium c f n of approved land division in compliance with this Agreement that elat s to sf ntial development of Pope Property, then there shall be executed and rec d 'th t e Jefferson County Auditor a release of the covenant solely with respect t a ar and specific parcel or parcels of real property that received final plat ap r va , i d a condominium declaration or was the subject of other approved land divisio , ov' e however, residential development shall continue to be subject to any cor��rtitn , o ants and restrictions applicable to the particular property. 4 --4NTERPRETATION; SEVERABILITY 4.4.1 Interpretation. The parties intend this Agreement to be 2000 435974 Pape; 16 of S41 09/0412000 11:40A .Jefferson County. WA POPE RESOURCES RESO 606.00 interpreted to the full extent authorized by law as an exercise of the County's authority to enter into such agreements, and this Agreement shall be construed to reserve to the County only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. The parties acknowledge the County has police powers, contracting authority and other powers granted by the Washington State Constitution and by general law, including without limitation home rule charter authority, authority to enter into interlocal agreements (see RCW Ch. 39.34), statutory abling legislation and authority to adopt development regulations as part of annexa 'o s (see RCW 35A.14.330), and the Development Agreement Statute (see Ch. 3 5 Wash. Laws, Part V, § 501-06). 4.4.2 Severability. If any Material Provi ' of tis griement is determined by a court of law to be unenforceable or invalid, the finder of the Agreement shall remain in full force and effect. Further, a4nfer to ' 1 Provisions held by a court of law to be unenforceable, the parties shall a to amend the Agreement to implement the mutual intent of thepa toi um allowed by law. 4.5 AUTHORITY The County and Pope, and the related Pope ti ies t at are parties to this Agreement, each represents it has the re s tive power and authority to execute this Agreement. 4.6 AMENDMENT This Agreement shall n" edithout the express written approval of the County and Pope (or its successors, uc s in title and assigns with respect to the property in which they have 1nt res . e Board of County Commissioners must approve all amendments to t is Agr ent by ordinance or resolution and only after notice to the public ato ub 'c 4.7 E� PENDICES ExhibitsA. 2 dnd 3n Appendices A through F are incorporated herein by this h. In the event of any conflict or inconsistency between the reference as if fu y^s t Exhibits an�h�ll peen 'c d the main body of this Agreement, the main body of this Agreement co t 1. INGS in this Agreement are inserted for reference only and shall not be limit or otherwise modify the terms and conditions of this 10 435974 Page: 17 of 641 0810412000 11:40R Jefferson County. Wq POPE RESOURCES RESO 599.00 4.9 TIME OF ESSENCE Time is of the essence of this Agreement in every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 4.10 INTEGRATION This Agreement represents the entire agreement of the parti s th eSpec t the subject matter hereof. There are no other agreements, oral or wri exc p as ressly set forth herein. 4.11 DISPUTE RESOLUTION/MEDIATION In the event of any dispute relating to this ent ies upon the request of any other party shall meet within the five (5) u mess d s to seek in good faith to resolve the dispute. The County shall send a dep rt ent di ec or or the qualified lead planner (Section 1.50 of Appendix A) and other pe ons wit information relating to the dispute, and Pope shall send an owner's r esentative an any consultant or other person with technical information or expertise re a the dispute. If the parties are unable to reach an amicable resolution of a dispute wit een (14) days of the written notice of dispute issued by one of the parties, a 'es ee that they will immediately identify a mediator and participa m n i good faith. The selected mediator shall have documented experieftco d ex s in Washington land use law. The mediation shall be completed withi 6 a f the original written notice of dispute by one of the parties. The parties r e to o cooperatively to select a mediator with land use and real estate experienc ach y will identify and propose to the other party three potential mediat rs e e proposed mediator lists, the parties will select a mutually agreeable i or a the dispute. If the parties are unable to reach a resolution fallow' ti y ion, each party reserves the right to seek resolution and pursue remedie a e de his Agreement and at law. The parties agree that the cost of mediatio pu uan o is paragraph shall be borne equally by the parties to this Agreement. 4.I2(D'EFAULT AND REMEDIES 0 1 be in default under this Agreement unless it has failed to perform a aYp is' n under this Agreement for a period of thirty (30) days after written o efa from any other party. Each notice of default shall specify the nature of fault and the manner in which the default may be cured satisfactorily. If the f the alleged default is such that it cannot be reasonably cured within the thirty 1,2000 11 435974 Page: 10 of 541 00/04/2000 11:40A yefferson County. WA POPE RESOURCES RESO 550.00 (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. In recognition of the possible assignment and sale of portions of the Pope Property (see Section 4.2.2), any claimed default shall relate as specifically as possible to the portion of the Property involved and y remedy against any party shall be limited to the extent possible to the owners of suc p rtion of the Pope Property. To the extent possible, the parties to this Agreemen a those remedies which do not adversely affect the rights, duties or obligations o oth non - defaulting owner of portions of the Pope Property under this Agree a pr v 'ling party (or the substantially prevailing party if no one party prevai tirel hall entitled to reasonable attorneys fees and costs. J 4.13 NO THIRD PARTY This Agreement is made and entered intoUassi ion and benefit of the parties hereto and their successors, successors ino other person shall have any right of action based upon any provisio. Members of the general public shall not have any cause of actionts under this Agreement. 4.14 CONSTRUCTION This Agreement has bee evi w r ised by legal counsel for all parties and no presumption or rule that am ' s 11 onstrued against the party drafting the document shall apply to the interpr ti nforcement of this Agreement. 4.15 NOTICE All communfe tid Agreement requi or d�&: the U.S. mail, c f follows: To t e CQ ty. 2000 �s4nd demands of any kind which a party under this ive to any other party shall be in writing deposited in ;e prepaid, return receipt requested, and addressed as Jerry Smith Qualified Lead Planner Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 12 435974 POW 19 of Eat J6ff4rt0n County, WA POPE RESOURCES RESO4/2000 699.001'40q cc: Board of County Commissioners P.O. Box 1220 Port Townsend, WA 98368 To Pope: Greg McCarry 19245 10`h Avenue N.E. P.O. Box 1780 Poulsbo, WA 98370 4.16 ESTOPPEL CERTIFICATES Within 30 days following any written request that any p o r a �tgamay make from time to time, the other party shall execute and deliver th esting person a statement certifying that; 1) this Agreement is in full force e c , an stating any formal amendments to the Agreement; 2) to the best of the wl g of certifying party, no notice of default has been sent and no not' vi la ' applicable laws has been issued regarding the project; and any other r a �bly r ed information. Failure to provide a timely response to the reque ti g part sh 11 be deemed conclusive evidence that the Agreement is unmodified and i f fore d effect and that no notices of default or violation have been issued. Issuance es op p certificates is an administrative matter within the County. e County s a 1 have no liability to the requesting party if it provides an estoppe rt' cate in good faith and with reasonable care. 4.17 COOPERATION O /� The parties shall not unreas a �J old requests for information, approvals or consents provided for in this re a he parties agree to take further actions and execute further documents, ther 'oi tly or within their respective powers and authority, to impleme in en s Agreement. 4.18 IND Except a oth rwise ss cifically provided elsewhere in this agreement and any exhibits hereto, tlw,,fullest extent possible under the law, each party shall protect, defend and i emn' old harmless the other parties and their officers, agents and employees, r any f cm, from and against all claims, actions, suits, liability, loss, costs, expen es n d ages of any nature whatsoever, which are caused by or result from a n cts or omissions of the indemnifying party's own officers, agents, or empl e p forming services pursuant to this Agreement. If any suit based upon uc c m, ion, loss, liability or damage is brought against any party or parties, the o ' s whose negligent acts or omissions give rise to the claim shall defend all s t t e party or parties' sole cost and expense, and if a final judgment is rendered ,2000 13 435974 Pape; 20 of 541 09 Jefferson County, WA POPE RESOURCES RESO41200598g001`40A against the other party or parties or their officers, agents or employees or jointly the parties and their respective officers, agents or employees, the parties whose actions or omissions give rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. This indemnification hereunder shall be for the benefit of the County as a municipal entity and not for the benefit of the general public. Under no circumstances will the County be responsible for costs, cl ' s, losses, damages or expenses associated with the existence or enforcement of any c tions, covenants and restrictions recorded against the residential properties wi rt Ludlow MPR. 4.19 NO WAIVER No waiver by any party of any term or condition of tl deemed or construed as a waiver of any other term or cond i subsequent breach, whether of the same or a differen"xovi i 4.24 NO PRIVATE CCR ENF The parties acknowledge and agree that no infringe upon, modify, change, limit ornand 'the neighborhood, tract or subdivision proper enforcing, interpreting and utilizing anc pre-exist this Agreement or covenants,n Jefferson County Auditor after t e eff n a_ e Ten hall be a ai of any o h's Agreement. LINTY. ng--irft Agreement shall alter, abi i y or powers of the existing or lot owner associations from 7enants, conditions or restrictions that restrictions recorded with the "this Agreement. The parties further acknow �dgree that Jefferson County bears no responsibility for the enforce , 'n or resolution of any dispute, filing, grievance, complaint or appe 1 at i ht arise as a result of recorded covenants, conditions or restricti rela in o ts, subdivisions, lots or parcels within the Port Ludlow MPR. Fur�140 c ' . 3, no third party may use the dispute resolution mechanism prove it in is greement to resolve disputes regarding recorded covenants, con ti 9,r r tric ' ns associated with the Port Ludlow MPR. 4.21 QUALWIED LEAD PLANNER. Pars t t tion 1.50 of the Port Ludlow MPR Zoning Code chapter, the Director Of ur o rn i Development shall appoint a qualified planner to serve as the lead planner for —the -Port Ludlow MPR. The lead planner shall review or coordinate revie l d use applications with the Port Ludlow MPR boundaries, and shall serve oort i ' ial 'nt of contact for citizens seeking information on development proposals r p� g ' sues in the community. 2000 14 435974 Page: 21 of 541 08/04/2000 11:40R Jefferson County, WA POPE RESOURCES RESO 598.00 4.22 TERM The term of this agreement shall be twenty (20) years from the effective date. 4.23 EFFECTIVE DATE. The effective date shall be the date of the adoption of a resolu County Board of County Commissioners approving this Developmen Commissioners APPROVED AS TO Al Scalf Directoro 2000 ty Development JEFFERSON CO Jefferson Count Board n ('c �0 15 5l,?lca 435974 Pass: 22 of 541 06/0412000 11:40A Jefferson County. MA POPE RESOURCES RESO 698.00 POPE RESOURCES AX) By Gr6gfvicearry Its Senior Vice -President, Rea Estate OLYMPIC PROPERTY GR" By Gfeg�Mc ff arry V Its President aud-Me"il OfT"icer OLYMPIC RENT LLC 10 435974 Psa.: 23 of 541 06/04/2000 11;40A Jefferson County, WA POPE RESOURCES RESO 699.00 Attachments: Exhibit 1 — Legal description of Pope Property Exhibit 2 — Map of Pope and subsidiary company properties Exhibit 3 — Port Ludlow MPR Land Use Map (recordable version of Aug. 28, 1998 Comprehensive Plan map) Appendix A — MPR zoning chapter, Ordinance # 08-1004-1999 Appendix B — Comprehensive Plan policies re: Port Ludlow MPR (Reso 2-98) Appendix C — Stormwater Management Ordinance #10-1104-96 Appendix D Interim Critical Area Ordinance # 05-0509-94 astor, nce #14-0626-95 Appendix E Land Use Application Procedures Ordinance Appendix F — Shoreline Master Program STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this i �'r day of Wo, 0, ore me, a Notary Public in and for the State of Washington, person lly a p e Gr McGarry, personally known to me (or proved to me on the basis of sa s o v ce) to be the person who executed this instrument, on oath stated that he s t ed to execute the instrument, and acknowledged it as the Senior is -Pr i nt of Real Estate for Pope Resources, to be the free and voluntary act an ed ai corporation for the uses and purposes mentioned in the instr rent. IN WITN S , I have hereunto set my h he day and year first a o e tte Ca .•���5 p'R,••O �NOTAR y ;� PUBLI * • 2000 LIC in and for the State of W 'h ih residing at P CbP w nent expires14V-7Q24- A111""k? 1 ; I C 17 435974 Papa: 24 of 541 Jefferson County, WA POPE RESOURCES RESO4J599 001.40A STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this 15¢- day of a , 2000, before me, a Notary P d for the State of Washington, personall appeared Greg McCarty, personall to one (or proved to me on the basis of satisfactory evidence) to be the perso w e cute t is instrument, on oath stated that he was authorized to execute the i me d acknowledged it as the President and Chief Operating Officer of operty Group LLC, a wholly owned subsidiary of Pope Resources, to be t free o tary act and deed of said corporation for the uses and purposes mention d m th i stru nt. IN WITNESS WHEREOF, I have hereun y h 1 the da and year first above written. �•.L""••.�� y * R y�' =x PUBLIC NOTARY PUBLIC in and for the to o as�ilh•.••-,N ��Y, Washington, residing at POu S WASH My appointment expires Print Name i L STATE OF WASH 0 COUNTY OF J ) On th 1 of roOCL i , 2000, before me, a Notary Public in and for the State of shi t n, personally appeared Greg McCarty, personally known to me (or proved to m o sis of satisfactory evidence) to be the person who executed this instru nt, n stated that he was authorized to execute the instrument, and ackn e d ' as the President and Chief Executive Officer of Olympic Real Estate ev op ent C, a wholly owned subsidiary of Pope Resources, to be the free and .o t ac and deed of said corporation for the uses and purposes mentioned in the ,2000 18 435974 Pap; 25 of 541 06/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 IN WITNESS WHEREOF, I have hereunto se E 1 seal the day and year first above written, OJARY'•�� G Pu; L' o .. �� i/kl J} • • 4.0 �• ��, ' f .. NOTARY PUBLIC in and for the State of lnI Washington, residing at 10671— 'SIPO My appointment expires `r` 2U0 Print Name M iCG, P/h A/,-f G d V STATE OF WASHINGTON ) ) ss COUNTY OF JEFFERSON ) On this 15`r day of All, the State of Washington, persona proved to me on the basis of sa_tii, instrument, on oath stated that t acknowledged it as the President LLC, a wholly owned subsidi deed of said corporation fort e( IN WITNE and year first aboy NOT Was i 9! My poji 2000 'hefore me, a Notary Public in and for cCany, personally known to me (or �) to be the person who executed this to execute the instrument, and tting Officer of Olympic Property Group ;es, to be the free and voluntary act and purposes mentioned in ve hereunto set I in r siding atana O(,C�'Se &pta te of t expires/CO �1A"CG Ptl& w; 19 the day 435974 PaGe: 2E of 541 1eff*rRon County, Wq POPE RESOURCES 08/0412000 11:40A RESO SOS.00 STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this _Ift day of A40 2000, before me, a Notary Pub] State of Washington, personally app are' Tom Griffin, personally known proved to me on the basis of satisfactory evidence) to be the person wh�e instrument, on oath stated that he was authorized to execute the instrumen acknowledged it as the President and Chief Executive Officer of Ottion Sewer, Inc., to be the free and voluntary act and deed of said co purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set v and year first above written. • : ' • `q •. .o • o .0 NOTARY PUBLIC in and for Washington, residing at _L�2 My appointment expires Print Name AArG t P1I Pi STATE OF WASHINGTON and for the (or tethis ater the Vges and seal the day , 2000, before me, a Notary Public in and and , personally known to me (or a f satisfactory evidence to be the persons who executed this ted that they were authorized to execute the instrument, and three members of the Jefferson County Board of County the free and voluntary act and deed of said Board, acting in their senting Jefferson County, Washington for the uses and purposes 435974 Page: 27 of 541 09/0412000 11:40A Jefferson County, WA POPE RESOURCES RESO 898.00 IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. L`10 NOTARY PUBLIC in and f r the State f ; Ay m Washington, residing at D My appointment expires 1► Print Name 1 N 2000 21 November 11, 1998 Job No. 528-08-980-003 435974 Paso: 28 of 541 09/04/2000 11:40R Jefferson County, A POPE RESOURCES RESO 605.00 EXHIBIT "l." LEGAL DESCRIPTION PARCEL "A" A.P. No. 821171015 THAT PORTION OF GOVERNMENT LOT 2 IN SECTION S 28 NORTH, RANGE 1 EAST OF THE W.M. JEFFERSON COUNTY, W S N, G NORTH OF THE NORTH RIGHT OF WAY MARGIN OF OAK BAY R EXCEPT ANY PORTION THEREOF LYING WI tAGE P T OF PORT LUDLOW NO. 1, AS RECORDED IN VOLUME 5 OF PLATS ECORDS OF JEFFERSON COUNTY, WASHINGTON. ALSO EXCEPT ANY PORTION THE LYING WITHIN THE PLAT OF PORT LUDLOW NO. 7 AS RECORDED IN VOL F PLATS AT PAGE 76, RECORDS OF JEFFERSON COUNTY, WASHINGTON. ALSO TOGETHER WITH THAT/POR I NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECT1 SHIP 28 NORTH, RANGE 1 EAST OF THE W.M.. JEFFERSON COUNTY, TON, LYING NORTH OF THE NORTH RIGHT-OF-WAY MARGIN OF E A ROAD. EXCEPT ANY PORTI IE G NORTHERLY OF THE SOUTHERLY LINE OF TRACT "A" OF A LUDLOW NO. 7, AS RECORDED IN VOLUME 7 OF PLATS AT PAG 7 , OF JEFFERSON COUNTY, WASHINGTON. 1enge4mn jobs`3:8'0819 m M 830.doc 0 Job No. 528-08-980-003 November 11, 1998 REVISED March 20, 2000 435974 Page: 29 of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 628.00 LEGAL DESCRIPTION PARCEL "B" THOSE PORTIONS OF GOVERNMENT LOTS QUARTER OF SECTION 17, TOWNSHIP 28 NOR COUNTY, WASHINGTON, LYING SOUTH OF JEFFERSON COUNTY BY DEED RECORDED I AND 355902, AND SOUTHEAST OF PARADI JEFFERSON COUNTY BY DEED RECORDED 1 RECORDS OF JEFFERSON COUNTY, WASHING' EXCEPTING THEREFROM ANY POR' INNER HARBOR VILLAGE CONDOM PAGE 156, AND THE PLAT OF LUDL( PLATS, PAGE 155, AND EXCE G LOT 1 WHICH LIES WITH CONDOMINIUMS 1 AND 2, AS P 23, AND EXCEPTING THEREFROM HILBERT AND KATHLEEN AUDITOR'S FILE NO. 124 , AND EXCEPTING O P AS RECORDED IN F SE NO. 384225 REC O ON N A.P. No. 8211710 a THWEST , G,=�AS W.M., JEFFERSON AY CONVEYED TO AVO�D OR'S FILE NOS. 333256 Y, AS CONVEYED TO TOR' S FILE NO. 191398, IONITINq WITHIN THE PRESCRIBED AREA OF S7CRIBED VOLUME 1 OF CONDOMINIUMS, VILLAGE NO. 2, AS PER VOLUME 6 OF ANY PORTION OF GOVERNMENT [ P AREA OF PORT LUDLOW 1 OF CONDOMINIUMS, PAGES 15 AND 1 AS DESCRIBED IN DEED TO GARY A. RT RECORDED JANUARY 15, 1988 UNDER S OF JEFFERSON COUNTY, WASHINGTON LUDLOW PLACE COMMERCIAL SHORT PLAT )RT PLATS, PAGE 113 UNDER AUDITOR'S FILE COUNTY, WASHINGTON; TOGETHER WI PWION OF GOVERNMENT LOT 3 OF SAID SECTION 17 LYING NORTHE THE SECOND CLASS TIDELANDS ABUTTING INNER HARBOR VIL G O MINIUMS, PHASES 1, 2, 4, 7 AND 8, AND NORTHERLY OF THE SECO LA S ELANDS ABUTTING THE NORTHERLY BOUNDARY OF TAX 6; ALSO E ER WITH SECOND CLASS TIDE LANDS, AS CONVEYED BY THE STA HF� INGTON, SITUATE IN FRONT OF, ADJACENT TO, OR ABUTTING IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON. November 11, 1998 REVISED October 20, 1999 Job No. 528-08-980-003 THE ISLAND PORTIONS SECTION 17, TOWNSHIP COUNTY, WASHINGTON. 435974 Pave: 30 of 641 08104121D00 11:40A Jefferson County. A POPE RESOURCES RESO 698.00 LEGAL DESCRIPTION PARCEL "C" OF GOVERNMENT LOT 28 NORTH, RANGE I A.P. No. 8 1 4002 a \ 1 ANT LOT 7, IN IN JEFFERSON TOGETHER WITH SECOND CLASS TIDE LANDS, ASqqNYEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, A CENT T0, OR ABUTTING THEREON. 0 t: en�esm jo6s152808`980 docurrmen0280828. O 435974 Page. 31 of 541 09104l2000 11:40A Jefferson County, WA POPE RESOURCES RESO 528.00 November 11, 1998 A.P. No. 8211720 Job No. 528-08-980-003 LEGAL DESCRIPTION PARCEL "D" O THAT PORTION OF THE EAST HALF OF THE NORTHWE QU R F SECTION 17, TOWNSHIP 28 NORTH, RANGE 1 EAST OF .M., F ERSON COUNTY, WASHINGTON, LYING NORTH OF OAK BAY 0 AN G WEST OF PORT LUDLOW NO. 6 AS RECORDED IN VOLUME 9 F SUR Y AT PAGE 40, RECORDS OF JEFFERSON COUNTY, WASHINGTON, C:}englesm jobs\528108\980\document15280827.doc O O O November 11, 1998 REVISED October 20, 1999 Job No. 528-08-980-003 435974 Pans; 82 of 541 06/04/2000 11,40A Jefferson County, WO POPE RESOURCES RESO 590.00 LEGAL DESCRIPTION PARCEL "E" THAT PORTION OF THE NORTH HALF OF SECTION RANGE 1 EAST OF THE W.M., IN JEFFERSON Ul SOUTHERLY OF OAK BAY ROAD, WESTERLY AND NORTHWESTERLY OF PARADISE BAY RO EXCEPT PORT LUDLOW R.V. PARK PHASES 1 OF BINDING SITE PLANS AT PAGES 7, 8, 11 COUNTY, WASHINGTON. 7 ALSO TOGETHER WITH THAT POR QUARTER OF SECTION 17, TOWN! JEFFERSON COUNTY, WASI-11NOW VILLAGE DMSION ONE AS RECORDS OF JEFFERSON COUNT, ROAD. �/ n Sengr�esm-jobs`52$ A.P. Nos. 821172 Por. 8211730 1 HI g NORTH, NGTON, LYING PRIVATE ROAD ;CORDED IN VOLUME 1 CORDS OF JEFFERSON AST HALF OF THE SOUTHWEST , RANGE I EAST OF THE W.M., RTH OF THE PLAT OF TIMBERTON )LUME 7.OF PLATS AT PAGE 18, ►N, LYING WEST OF PARADISE BAY Job No. 528-08-980-003 November 11. 1998 REVISED October 13, 1999 435974 Paso: 33 of 541 00/0412000 11:40R Jefferson County, A POPE RESOURCES RESO 598.00 LEGAL DESCRIPTION PARCEL "F" THE WEST HALF OF THE SOUTHWEST QUARTER OF NORTH, RANGE i EAST OF THE W.M., JEFFERSON C—W EXCEPT OAK BAY ROAD. ALSO EXCEPT ANY PORTION LYING WITHIN I DIVISION I AS RECORDED IN VOLUMI!7 OF JEFFERSON COUNTY, WASHINGTON. A.P. Nos. 8211740 Por. 821173 0 a S �(TION 7, SHIP 28 ,OF TIMBERTON VILLAGE T PAGE 18 RECORDS OF TOGETHER «'1TH THAT PORTION OF i O EAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 1 O THE W.M., JEFFERSON COUNTY, WASHCNGTON, LYING EASTE F OAD. EXCEPT THE SOUTH 850.00 FEE OUTHEAST QUARTER OF SAID SECTION 18. ALSO TOGETHER 0 N OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID E L G SOUTHERLY OF THE PLAT OF TIMBERTON VILLAGE DIVISI0 S C D IN VOLUME 7 OF PLATS AT PAGE 18 RECORDS OF JEFFERSON 0 , W HINGTON. ALSO TOGETHER T PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF A C N 17, LYING SOUTHERLY OF PARADISE BAY ROAD AND LYING SO L RL F TIMBERTON VILLAGE DIVISION I AS RECORDED IN VOLUME 7 TS AT PAGE I8 RECORDS OF JEFFERSON COUNTY, WASHINFTON. THEREOF DESCRIBED IN DEED RECORDED UNDER N, C`QUNTY AUDITOR'S FILE NO, 200582. Eft ANY PORTION THEREOF LYING WITHIN THE PLAT OF EDGEWOOD AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4 RECORDS OF v COUNTY, WASHINGTON. 435974 Pass: 34 of 541 06l0412000 11:40A Jefferson County, WA POPE RESOURCES RESO 590.00 November 11, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 Page Two ALSO EXCEPT ANY DESCRIBED PROPERTY; THAT PORTION OF THE SOUTH HALF OF SECTION 1 28 NORTH, RANGE 1 EAST, OF THE W.M., JEFFE DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY EDGEWOOD VILLAGE AS RECORDED IN RECORDS OF JEFFERSON COUNTY, WASHI?\ SOUTHWEST CORNER OF LOT 20 OF SATRE] THENCE N 62"41'04" W, ALONG THE DISTANCE OF 24,00 FEET TO AN ANG TRUE POINT OF BEGINNING FOR THIS D THENCE IN A NORTHERLY DI EDGEWOOD VILLAGE THE FO N 16°54'01" W, 146.06 F> ET; N 0805TO1" W, 148. N 00045'12" W, N 37027'07" W, W, 172.66 FEET; " W, 110.25 FEET; 19 OF THE PLAT OF PLATS AT PAGE 4, iER ALSO BEING THE ,Y LINE OF SAID LOT 19, A SAID LOT 19, ALSO BEING TTIE PNG THE WESTERLY MARGIN OF SAID URSES: November 11, 1998 REVISED October I3, 1999 Job No. 528-08-980-003 Page Three N 34046'49" W, 43.95 FEET; N 78003'36" W, 78.92 FEET; N 31008'05" E, 195.03 FEET; N 52051' 19" E, 255.59 FEET; N 46006'28" E, 128.24 FEET; N 35054'24" W, 102.69 FEET; 435974 Paige: 35 of 541 1110111111111 08104/2080 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 CORNER OF "TRACT -A" OF SAID w SAID PLAT, N 80°49'39" W, 522.45 435974 Pape: 8E of 541 09l0412000 11:40A Jefferson County, A POPE RESOURCES RESO 599.90 November 11, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 Page Four THENCE S 02°13'34" E, 314.90 FEET; THENCE S 77034'03" W, 879.80 FEET; THENCE S 31 °43'44" W, 686.04 FEET; THENCE S 40039'05" E, 708.70 FEET; THENCE N 82039'53" E, 502.49 FEET; THENCE S 79015' 18" E, 802.92 FEET; THENCE N 89009' 18" E, 828.68 FEET; THENCE S 70057'24" E, 355.80 FE THENCE S 88°09'57" E, 477.22 FEET; THENCE N 72039'34" E, 410.00 ji;T, THENCE N 26022*05" THENCE N 41032' THENCE S 77°09'37'ZE�10"9 FEET; THENCE N 11-Il'Ir E, 142.60 FEET TO A POINT ON THE BOUNDARY LINE OF TRACT "E" A O ON THAT RECORD OF SURVEY FILED IN VOLUME 7 OF SURVEY; PSG THROUGH 174, AUDITOR'S FILE NO. 298845, RECORDS OF JEFFERS O TY, WASHINGTON; SAID BOUNDARY LINE OF TRACT "E", N 59027'26" W, 600.00 FEET; ALONG SAID BOUNDARY LINE N 49013'51" W, 498.14 FEET; CONTINUING ALONG SAID BOUNDARY LINE N 41028'28" E, 439.74 FEET; 435974 Page: 37 09104/20001 f5:40A Jsflsrson County, WA POPE RESOURCES RESO 808.00 November 1I, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 Page Five THENCE CONTINUING ALONG SAID BOUNDARY LINE S 50048' 1 7. 4 FE; THENCE CONTINUING ALONG SAID BOUNDARY LINE S 620 I .23 FEET TO TRUE POINT OF BEGINNING. 0 F: engetsm-jobs\5290"80Nd=ment\5280836.doc 0 0 0 0 November 11, 1998 REVISED October 13, 1999 Job No.528-08-980-003 435974 PaW 38 of 541 Jefferson County, WA POPE RESOURCES RE 0 59e 001:40R LEGAL DESCRIPTION PARCEL "G" THE NORTH 2100 FEET OF THE EAST HALF OF THE SECTION 20, TOWNSHIP 28 NORTH, RANGE I EAST COUNTY WASHINGTON A.P. No. 82120200 TER OF FERSON EXCEPT ANY PORTION THEREOF LYING WI LLOWTNG DESCRIBED PROPERTY: THAT PORTION OF THE SOUTH HALF OF ECTION D SECTION 20, TOWNSHIP 28 NORTH, RANGE I EAST, OF THE JEFFERSON COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EDGEWOOD VILLAGE AS RI RECORDS OF JEFFERSON COU SOUTHWEST CORNER OF LOT THENCE N 62041'04" DISTANCE OF 24.00 F: TRUE POINT OF BEd THENCE IN A EDGEWOOD � N I6°54'01" W, N 08057'0I" W, 148Af)/F ET; N 00°4' 8 . 0 FEET; 7° '0 '' , 203.41 FEET; 8°40j37f' W, 271.08 FEET; N 54-Q2r25" W, 170.00 FEET; �NER OF LOT 19 OF THE PLAT OF LUNIE 7 OF PLATS AT PAGE 4, IN, SAID CORNER ALSO BEING THE WOOD VILLAGE; A UIVG �Ti SOUTHERLY LINE OF SAID LOT 19, A E POINT ON SAID LOT 19, ALSO BEING THE �F S DESCRIPTION; ALONG THE WESTERLY MARGIN OF SAID COURSES: 435974 Page; 99 of 541 09/04/2000 11!40A Jefferson County. WA POPE RESOURCES RESO 599.00 November 11, 1998 REVISED October 13, 1999 Job No.528-08-980-003 Page Two N 28010'03" W, 130.07 FEET; a N 03029'54'' W, 172.66 FEET; N 62051 48' W, 110.25 FEET; N 34046'49" W, 43.95 FEET; N 78003'36" W, 78.92 FEET; N 31008'05" E, 195.03 FEET; N 52051' 19" E. 25 5.5 9 FEET; N 46006'28" E. 128.24 FEET; 0 N 35054'24" %V, 102.69 FEET; N 24057'29" E, 60.14 FE \ / N 69020'44" 'W 26 . E SOUTHWEST CORNER OF "TRACT -A" OF SAID PLAT OF EDGEW E: THENCE LEAVING"Y`1[ 'tTERLY BOUNDARY OF SAID PLAT, N 80049'39" W, 522.45 FEET; THENCE N 82° 1' , 696.66 FEET; THENC�8-2-W" W, 410.77 FEET; �7�-7'10" W, 610.50 FEET; 68017'21" W, 437.70 FEET; 39009' 14" W, 232.44 FEET; 435974 Papa; 40 of S41 08/0412000 11:40A Jefferson County, WA POPE RESOURCES RE50 590.00 November 11, 1998 REVISED October 13, 1999 Job No.528-08-980-003 Page Three THENCE S 02049'05" E, 186.58 FEET; THENCE S 30038'22" E, 347.97 FEET; THENCE S 57058'04" E, 385.91 FEET; THENCE S 02013'34" E, 314.90 FEET, THENCE S 77034103" W, 879.80 FEET; THENCE S 31°43'44" W, 686.04 FEET; THENCE S 40039'05" E, 708.70 FEET; THENCE N 82°39'53" E, 502.49 FE� THENCE S 79° 15' 18" E, 802.92 F THENCE N 89009' 18" EC E , THENCE S 70057 THENCE S 88°09'51;' E,`477 THENCE N 72° , 4�0 FEET; THENCE N 260 ' " 24.80 FEET; THEN 41 2' " E, 201.73 FEET; �9137" E, 109.99 FEET; 14011' 17" E, 142.60 FEET TO A POINT ON THE BOUNDARY LINE OF AS SHOWN ON THAT RECORD OF SURVEY FILED IN VOLUME 7 OF PAGES 170 THROUGH 174, AUDITOR'S FILE NO. 298845, RECORDS OF JEFFERSON COUNTY, WASHINGTON; 435974 Pass; 41 of 541 0910412000 11:40R Jefforson County, WA POPE RESOURCES RESO 596.00 November 11, 1998 REVISED October 13, 1999 Job No.528-08-980-003 Page Four THENCE ALONG SAID BOUNDARY LINE OF TRACT "E", N 59°2 ' 6�0 .00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY LINEN 9° 3'51 ' , 498.14 FEET; THENCE CONTINUING ALONG SAID BOUNDAR E N 4 8'28" E, 439.74 FEET; THENCE CONTINUING ALONG SAID BOUNDAR ° 8' 17" E, 477.34 FEET; THENCE CONTINUING ALONG SAID BO RY LINE S 62041'04" E, 186.23 FEET TO TRUE POINT OF BEGINNING. _7 0 0 f.�engr'esm jobs`528'085980tidocvment15280825. November 11, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 435974 Paw 42 of 541 06/24/2000 11:40A Jaffarsom County, WA POPE RESOURCES RE50 598.00 LEGAL DESCRIPTION PARCEL"H" AT THE SOUTHEAST QUARTER OF THE SOUTHEAST QUA QUARTER OF THE NORTHEAST QUARTER AND T NORTHWEST QUARTER AND THE NORTH WHALFTHE SOUTHWEST QUARTER AND THE SOTOWNSHIP 28 NORTH, RANGE I EAST WASHINGTON. No. 82120400 C) 0 UTHEAST EA T HA OF THE AST QUARTER OF ALL IN SECTION 20, JEFFERSON COUNTY, EXCEPT THE SOUTH THREE QUARTER THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20. ALSO EXCEPT ANY PORTION THEREO L G PARCELS A, B, C, D AND E AS SHOWN AND DESCRIBED ON TAIN RECORD OF SURVEY AS RECORDED IN VOLUME 7, OF S ES 170 THROUGH 174, RECORDS OF JEFFERSON COUNTY, WASHINGT L OWN AS THE PORT LUDLOW GOLF COURSE. ALSO EXCEPT QUARTER OF SAID SNH 1�"F iOF THE EAST HALF OF THE NORTHWEST ALSO EXCEPT A�Z`IQN 'TREOF LYING WITHIN THE FOLLOWING DESCRIBED PRO THAT PORTION S HALF OF SECTION 17, AND SECTION 20, TOWNSHIP 28 NORTH, E T, OF THE W.M., JEFFERSON COUNTY, WASHINGTON DESCRIBED S OL 0 S: CommE C MOST SOUTHERLY CORNER OF LOT 19 OF THE PLAT OF EDG D AGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4, R)EICO S I FERSON COUNTY, WASHINGTON, SAID CORNER ALSO BEING THE T ORNER OF LOT 20 OF SAID EDGEWOOD VILLAGE; 62041'04" W, ALONG THE SOUTHERLY LINE OF SAID LOT 19, A OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT 19, ALSO BEING THE INT OF BEGINNING FOR THIS DESCRIPTION; 435974 Paw 48 of 541 09/04/2000 11:40A Jefferson County. WA POPE RESOURCES RESO 598.00 November 11, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 Page Two THENCE IN A NORTHERLY DIRECTION ALONG THE WESTE Y�G OF SAID EDGEWOOD VILLAGE THE FOLLOWING COURSES: N 16054'01"1 W, 146.06 FEET; N 08057'01" W, 148.46 FEET; N 00045' 12" W, 83.80 FEET; N 37027'07'' W, 203.41 FEET; N 58040'37' W, 271.08 FEET; N 54027'25" W, 170.00 FEET; N 28010'03" W, 130,07 FEET; N 03029'54W, 172.66 FEET; N 62051'48" W, 110. N 34046'49" W, N 78°03'36" W, 78. N 31008'05" N 52°51' E, M' 24 FEET; N 3 °54'24" W, 102.69 FEET; " E, 60.14 FEET; 435974 Pape: 44 of 541 06/04/2000 11:40A J�TT�raan County, WA POPE RESOURCES RESO 690.00 November 11, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 Page Three N 69020'44" W, 262.49 FEET TO THE SOUTHWEST CORNER 0 "�- " "AID PLAT OF EDGEWOOD VILLAGE; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID T, 0049 9" W, 522.45 FEET; THENCE N 82041'38" W, 696.66 FEET; THENCE N 81052'35" W, 410.77 FEET; THENCE S 5 7017' 10" W, 610.50 FEET; THENCE S 68017'21" W, 437.70 FEET; THENCE S 39009' 14" W, 232.44 F THENCE S 02049'05" E, 186.58 F ET, THENCE S 309V22" THENCE S 57058'04;' THENCE S 02013 �4 . 7 i \ E ; THENCE S 770 03' ,�80 FEET; THENCE S 31 3 " , 686.04 FEET; THENTHENCj S 03 5" E, 708.70 FEET; i �89'53" E, 502.49 FEET; 79015' 18" E, 802.92 FEET; 1 89°09' 18" E, 828.68 FEET; 435974 Page: 45 of 541 08I0412000 11:40R Jefferson County, WA POPE RESOURCES RESO 498.00 November 11, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 Page Four THENCE S 70057'24" E, 355.80 FEET; THENCE S 88009'57" E, 477.22 FEET; THENCE N 72039'34" E, 410.00 FEET; THENCE N 26022'05" E, 224.80 FEET, THENCE N 41032'57" E, 201.73 FEET; THENCE S 77009'37" E, 109.99 FEET; THENCE N 14011' 17" F,, 142.60 FEET ON THE BOUNDARY LINE OF TRACT "E" AS SHOWN ON THAT URVEY FILED IN VOLUME 7 OF SURVEYS, PAGES 170 THROIJW174 'S FILE NO. 298845, RECORDS OF �''\ JEFFERSON COUNTY, WASHING TI-TENCE ALONG SAID BOUNDAWLP�E`0P TRACT "E", N 59-27.26" W, 600.00 FEET; THENCE CONTINUINWWiG�A-ID-POUNDARY LINE N 49°13'51" W, 498,14 FEET; THENCE CONTIN ALgN"MD BOUNDARY LINE N 41°28'28" E, 439.74 FEET; THENCE CONTINUA NGALONaSAID BOUNDARY LINE S 50°48' l7" E, 477.34 FEET; THENCE CO. ALONG SAID BOUNDARY LINE S 62041'04" E, 186.23 FEET TO TRUE POINT F BE ING, 0cngr4esm S2 9 ocumentM80831doc August 30, 1999 REVISED October 13, 1999 Job No. 528-08-980-003 435974 Paso: 46 of 541 09/04/2000 11:40A Jefferman County, WA POPE RESOURCES RESO 598.00 A.P. Nos. 821213001 821211 8212120 821 ALL OF SECTION 21, TOWNSHIP 28 NORTH, RANGE I W.M., IN JEFFERSON COUNTY, WASHINGTON. 1�7 EXCEPT THE NORTH HALF OF THE NORTHWEST O[JARTER\OF SAID SECTION 21. LEGAL DESCRIPTION PARCEL "I" EXCEPT ANY PORTION THEREOF LYING WI PLAT OF EDGEWOOD VILLAGE AS RECORDED IN VOLUME OF PL PAGE 4 RECORDS OF JEFFERSON COUNTY, WASHINGTON. ALSO EXCEPT ANY PORTION 'THEREOF TAIN 1N THE PLAT OF SOUTH BAY N0, I AS RECORDED IN VOLUME 6 OF T AGE I RECORDS OF JEFFERSON COUNTY, WASHINGTON. O O ALSO EXCEPT ANY PORTION THE G WITHIN THE PLAT OF SOUTH BAY NO. 2 AS RECORDED IN VOLU�0FI S AT PAGE 4 RECORDS OF JEFFERSON COUNTY, WASHINGTON.- ALSO EXCEPT ANY FORTF LYING WITHIN THE PLAT OF SOUTH BAY NO, 3 AS RECORDE L OF PLATS AT PAGE 48 RECORDS OF JEFFERSON COUNTY, WAS ALSO EXCEPT R ON THEREOF LYING WITHIN THE PLAT OF GREENVIEW VILLAGE AS VOLUME 6 OF PLATS AT PAGE 140 RECORDS OF JEFFERSON COUNTY WASHINGTON. ALSO E T-,WPORTION THEREOF LYING WITHIN HIGHLAND GREENS CONDO S RECORDED IN VOLUME I OF CONDOMINIUMS AT PAGE 60 CO S F RSON COUNTY, WASHINGTON. AL C ANY PORTION THEREOF LYING WITHIN FAIRWAY VILLAGE COND IUM AS RECORDED IN VOLUME I OF CONDOMINIUMS AT PAGE 219 ii�O S OF JEFFERSON COUNTY, WASHINGTON. 435974 Page! 47 of S41 Jefferson County. WA POPE RESOURCES RE604J69B 001:40R August 30, 1999 REVISED October 13, 1999 Job No. 528-08-980-003 ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF RWOOD VILLAGE AS RECORDED IN VOLUME 6 OF PLATS AT PAGE I70 C RDS OF JEFFERSON COUNTY, WASHINGTON. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE PL TEEOL VILLAGE AS RECORDED IN VOLUME 6 OF PLATS AT PAG 5 OF JEFFERSON COUNTY, WASHINGTON. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN A ODRIDGE VILLAGE DIVISION I AS RECORDED IN VOLUME 7 OF PL7 S A P GE 7 RECORDS OF JEFFERSON COUNTY, WASHINGTON. ALSO EXCEPT ANY PORTION THEREOF LYING CELS A, B, C, D AND E AS SHOWN AND DESCRIBED ON THAT CE A S Y AS RECORDED IN VOLUME 7 OF SURVEYS AT PAGES 170 THROU 174 ECORDS OF JEFFERSON COUNTY, WASHINGTON. ALSO KNOWN TIME PORT LUDLOW GOLF COURSE. ALSO EXCFPT THAT PORTION OF THEE S 0UOF THE SOUTHEAST QUARTER OF SAID SECTION 21, LYING S'I� LAKE ROAD AND SOUTHERLY OF WATSON ROAD. O/� ALSO EXCEPT ANY AND ALL COY'R . f•`tnoesm job02$ 0 November 11, 1998 Job No. 528-08-980-003 435974 Page: 48 of 541 Jefferson County, Wp POPE RESOURCES RESO41590 010t'40p LEGAL DESCRIPTION PARCEL "J" A.P. No. 821164002 8211640 a THAT PORTION OF GOVERNMENT LOTS 5 AND 6 AND kF� AST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, RT -L RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY, WA ONOUTHERLY OF LUDLOW BAY ROAD. EXCEPT PARADISE BAY ROAD. ALSO EXCEPT ANY PORTION THEREO G WITHIN THE PLAT OF BAYVIEW VILLAGE DIVISION 1 AS RECORDED IN L E 6 OF PLATS AT PAGE III RECORDS OF JEFFERSON COUNTY, WG�T *1 ALSO EXCEPT ANY PORTION VILLAGE DMSION 2 AS RE RECORDS OF JEFFERSON COU ALSO EXCEPT ANY PO IO VILLAGE DIVISION RECORDS OF JEFFE S f:`engr'es n-jobs1528'08 80 280824.doc WITHIN THE PLAT OF BAYVIEW fME 6 OF FLATS AT PAGE. 114 EP�EPF LYING WITHIN THE PLAT OF BAYVIF,W IN VOLUME 6 OF PLATS AT PAGE 130 WASHINGTON. August 30, 1999 REVISED October 13, 1999 Job No. 528-08-980-003 435974 Page: 49 of 541 09104I2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 LEGAL DESCRIPTION PARCEL "K" THE EAST THREE QUARTERS OF THE NORTH HALF OF OF SECTION 29, TOWNSHIP 28 NORTH, RANGE 1 FPS" COUNTY, WASHINGTON. A.P. No. 8212910 1 BAST QUARTER M., JEFFERSON EXCEPT ANY PORTION THEREOF LYING PORT LUDLOW GOLF COURSE AS SHOWN ON SURVEY RECORDED u4�v6wkEJ OF SURVEYS AT PAGE 170, RECORDS OF JEFFERSORT COUNTY, ASHING ALSO EXCEPT ANY PORTION THEREOF WITHIN THE 100 FOOT RADIUS WELL SITE AS DESCRIBED 1N EXIi R DOCUMENT RECORDED IN VOLUME 211 OF DEEDS AT PAGE A CEPT ANY PORTION THEREOF DESCRIBED AS WELL NO. 12, VOLUME 211 OF DEEDS AT PAGE 333. EtenVlesm jobs'528'08'9R0'document'52808�26.d November 11, 1998 REVISED October 13, 1999 Job No. 528-08-980-003 435974 Pads: 50 of 541 0810412000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 LEGAL DESCRIPTION PARCEL "L" A.P. No. 8211630 THAT PORTION OF THE SOUTHWEST QUARTER OF S C IO 6, TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M., JEFFERSO C HINGTON, LYING SOUTH OF LUDLOW BAY ROAD, NORTH OF P DISE PAY ROAD AND WEST OF THE PLAT OF BAYVIEW VILLAGE DIVISION S REC ED IN VOLUME 6 OF PLATS AT PAGE 114 RECORDS OF JEFFERSON C HINGTON. f: angr`esm jobs'S2909,98ffi4mmmeril'M80835.do, O 435974 Pape: 51 of 541 Jefferson County, WA POPE RESOURCES RESO4J508 001:40A Job No. 528-08-980-001 A.P. No. 821201003 August 30, 1999 Revised October 4, 1999 LEGAL DESCRIPTION PARCEL "M" THAT PORTION OF THE SOUTH HALF OF SECTION 17, AND SECTION 20, 28 NORTH, RANGE I EAST OF THE W.M., JEFFERSON COUNTY, WASHIN DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 19 O LA EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AC RD; OF JEFFERSON COUNTY WASHINGTON, SAID CORNER ALSO SOUTHWEST CORNER OF LOT 20 OF SAID EDGEWOOD VILL THENCE N 6204I'04"W ALONG. THE SOUTHERLY LINE OF iD L 19, DISTANCE OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT , THENCE LEAVING SAID PLAT OF EDGEWOOD LAGE 6 041'04"W 186.23 FEET TO A POINT ON THE BOUNDARY LINE OF TRAC " AS S WN ON THAT RECORD OF SURVEY FILED IN VOLLIME 7 OF SURVEYS, P E ROUGH 174, AUDITOR'S FILE NO. 298845, RECORDS 0 EFFERSO UNTY, WASHINGTON, THENCE ALONG SAID BOUNDARY LINE 0 T"E", N 50048'11"W 477.34 FEET TO THE TRUE POINT' OF BEGINNING; THENCE LEAVING SAID BOUND," I 7° 9'06"W, 302.20 FEET; THENCE N 15" 10'34"W, 757.04 FEET- THENCE N 33°57' 14"E, 433.23 FELT; THENCE S 81°42' THENCE N 69005' THENCE S 29050'26�V. W.9 THENCE N 61'�*;O V' 2008 FEET; THENCE S 46°OT4-rVA 11.72 FEET; , 331.76 FEET; '40"W, 86.74 FEET; 63005'42"E, 598.58 FEET; 05.24' 19"E, 771,34 FEET; Job No. 528-08-980-001 August 30, 1999 Revised October 4, 1999 Page Two THENCE S 73 `46'26' W, 1,199.18 FEET; THENCE S 44`29' 18"W, 211.37 FEET; THENCE S 40`40'33"E, 338.74 FEET; THENCE S 85019'47"E 1,783,34 FEET; THENCE N 7401 I' 11 "E, 368.89 FEET; THENCE S 65034'27"E, 135.05 FEET; THENCE S 27°13'03"E, 226.09 FEET; THENCE N 80°28'40"E, 776.44 FEET; THENCE N 30`32'34"E, 439.98 FEET TO A TRACT "E' ; THENCE ALONG SAID BOUNDARY OF 7 THENCE CONTINUING ALONG S^D IV THENCE CO`—[ TNUING ALONG SAI TRUE POINT OF BEGINNING, O 7 '`esm2`vol l %cngr' 435974 Papa: 52 of 541 00/04/2000 11:40R Jefferson County. WA POPE RESOURCES RESO 598.00 O O ON UNDARY LINE. SAID N 59`2T26"W, 236.4E FEET; LINE, N 49013'5I"W, 498.14 FEET; LfNE, N 41028'28"E, 439.74 FEET TO 435974 Pass: 68 of 541 09104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 August 30, 1999 A.P. No. 821163003 Revised October 12, 1999 Job No. 528-08-980-003 LEGAL DESCRIPTION PARCEL "N" THAT PORTION OF THE SOUTHWEST QUARTER OF THE S T TER OF THE SOUTHWEST QUARTER OF SECTION 16, AN F 0 ST QUARTER OF THE NORTHWEST QUARTER OF ST UARTER OF THE NORTHWEST QUARTER OF SECTION 21, AND 0 NO AST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAS UART R F SECTION 20, AND OF THE SOUTHEAST QUARTER OF THE SOUTHE T R OF THE SOUTHEAST QUARTER OF THE SOUTHE T QUAR` SECTION 17, ALL. IN TOWNSHIP 28 NORTH, RANGE 1 EAST 0 W.M., JEFFERSON COUNTY, WASHINGTON, LYING SOUTHERLY OF PA I BAY ROAD; EXCEPT THE PLAT OF SOUTH BAY AT PAGE 48, RECORDS OF JEFFERS EXCEPT OPEN SPACE AS EXCEPT THE PLAT OF PLATS AT PAGE 6, REi EXCEPT TRACT ". VOLUME 7 OF SU� COUNTY, WASHR f:`rngr'esm jobs`328 0 V ldocu rn .52$08984n.doc WED IN VOLUME 6 OF PLATS ASFU NGTON; T OF SOUTH BAY NO. 3; AGE AS RECORDED N VOLUME 7 OF ON COUNTY, WASHINGTON; THAT RECORD OF SURVEY RECORDED IN 170 THROUGH 174 RECORDS OF JEFFERSON 435974 Paw 54 of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 Olympic Resource Management A.P. No. 821201004 Job No. 528-08-980-001 June 22, 1998 Revised October 4, 1999 LEGAL DESCRIPTION PARCEL "O" THAT PORTION OF THE SOUTH HALF OF SECTION 17, AND SECTION 28 NORTH, RANGE 1 EAST, OF THE W.M., JEFFERSON COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 9 F PLAT OF EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 0 L S PAGE 4, RECORDS OF JEFFERSON COUNTY, WASHINGTON, SAID 0 EING THE SOUTHWEST CORNER OF LOT 20 OF SAID EDGEWOOD VI ALGE THENCE N 62041'04" W, ALONG THE SO L SAID LOT 19, A DISTANCE OF 24.00 FEET TO AN ANGLE POINT 0 SAID T 19, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIP 0 THENCE IN A NORTHERLY DIRECTION NG THE WESTERLY MARGIN OF SAID EDGEWOOD VILLAGE THE FOLLOWING ES: N 16054'01" W, 146.06 FEET; n N 08°57'01" W, 148.46 FEET; O �/ N 00045' 12" W, 83.80 FEET; N 3702T07" W, 203.41 FTd�f; N 58040'37" W, 271. 8 , N 54027'25" W, 17 . 0 E ; N 28010'03" W, .0 Ems; N 03029'54" W, 1 6 F ET; N 62051' 1 .25 FEET; 4 14 " , 43.95 FEET; I,78°03 36 ' W, 78.92 FEET; N 3190r05" E, 195.03 FEET; 435974 Pass: 66 of 641 0010412900 ll:40A Jefferson County, WA POPE RESOURCES RESO 658.00 N 52051' 19" E, 255.59 FEET; N 46006'28" E, 128.24 FEET; N 35"54'24" W, 102.69 FEET; N 24057'29" E, 60.14 FEET; N 69020'44" W, 262.49 FEET TO THE SOUTHWEST CORNER OF "T }I� o PLAT OF EDGEWOOD VILLAGE; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID PLAT 0°49 3 " Vi, FEET; THENCE N 82041'38" W, 696.66 FEET, D THENCE N 81 °52'35" W, 410.77 FEET; THENCE S 5 7017'10" W, 610.50 FEET; THENCE S 68017'21" W, 437.70 FEET; THENCE S 39009' 14" W, 232.44 FEET; THENCE S 02049'05" E, 186.58 FE� O THENCE S 30038'22" E, 347.97 FEET, THENCE S 57°58'04" E, 383.91 1'� THENCE S 02013'34" THENCE S 77°34'{3"N 879-V FM; THENCE S 31°43'44 ,N,-W6.04`FEET; THENCE S 40-�9' , 70830 FEET; THENCE N-92 3 '53"JEI, 502.49 FEET; 'JS" E, 802.92 FEET; 18" E, 828.68 FEET; 70057'24" E, 355.80 FEET; THENCE S 88009'57" E, 477.22 FEET; SAID .45 435974 Page: Be of 541 80/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 THENCE N 72039'34" E, 4I0.00 FEET; THENCE N 26022'05" E, 224.80 FEET; THENCE N 41032'57" E, 201.73 FEET; THENCE S 77009'37" E, 109.99 FEET; THENCE N 14011' 17" E, 142.60 FEET; THENCE N 59°27'26" W, 600.00 FEET; THENCE N 49013'51" W, 498.14 FEET; THENCE N 41028'28" E 439 74 FEET - THENCE S 50048' 17" E, 477.34 FEET; THENCE S 62°41'04" E, 186.23 FEET TO THE TR . 0 F EGINNING; EXCEPT THE FOLLOWING DESCRIBED COMMENCING AT THE MOST SOUTH EDGEWOOD VILLAGE AS RECORDED RECORDS OF JEFFERSON COMMW SOUTHWEST CORNER OF LOT 2, THENCE N 62041'04"W ALON+ OF 24.00 FEET TO AN ANGLE I n OF LOT 19 OF THE PLAT OF 77 OF PLATS AT PAGE 4, N, SAID CORNER ALSO BEING THE EWOOD VILLAGE; MERLY LINE OF SAID LOT 19, A DISTANCE SAID LOT 19; THENCE LEAVINGASIk884, F-WGEWOOD VILLAGE N 62041'04"W 186.23 FEET TO A POINT ONY INE OF TRACT "E" AS SHOWN ON THAT RECORD OF SURVEY FIL OF SURVEYS, PAGES 170 THROUGH 174, AUDITOR'S FILECORDS OF JEFFERSON COUNTY, WASHINGTON; THENCE ALONG SAII.BO NDARY LINE OF TRACT "E", N 50°48'11"W 477.34 FEET TO THE TRUE P"1N } Of BEGINNING; THENCE ID BOUNDARY LINE N 57°19'06"W, 302.20 FEET; 501'"4"W, 757.04 FEET; 57' 14"E, 433.23 FEET; 81042'49"W, 833.13 FEET; THENCE N 69°05'56"W, 571.38 FEET; 435974 Page: 57 of 541 Jefferson County, WA POPE RESOURCES RES 5 8.001:40A THENCE S 29050'26"W, 263.98 FEET; THENCE N 61043'06"W, 206.28 FEET; THENCE S 46007'47"W, 511.72 FEET; THENCE N 83043'06"W, 331.76 FEET; THENCE S 03041'40"W, 86.74 FEET; THENCE S 63005'42"E, 598.58 FEET; THENCE S 05024' 19"E, 771.34 FEET; THENCE S 73046'26"W, 1,199.18 FEET; THENCE S 44029' 18"W, 211.37 FEET; Oq THENCE S 40040'33"E, 338.74 FEET; THENCE S 85°19°47"E 1,783.34 FEET; THENCEN 74011'1I"E, 368.89 FEET; THENCE S 6503427"E, 135.05 FEF,�; O THENCE S 27°13'03"E, 226.09 FEET; THENCE N 80028'40"E, 776.44 THENCE N 30032'34 TRACT "E"; THENCE THENCE THENCE COI�TINI TRUE7PO7 A POINT ON THE BOUNDARY LINE SAID OF TRACT "E", N 59027'26"W, 236.48 FEET; SAID BOUNDARY LINE, N 49°13'5V W, 498.14 FEET; ALONG SAID BOUNDARY LINE, N 4102828"E, 439.74 FEET TO 5 28` 0819801docurnrnt15280897.doc 435974 Pass: 50 of 541 08/04/2000 11:40A Jefferson County. NA POPE RESOURCES RESO SM. 00 GOLF COURSE A.P. Nos. 821163006, 821163007, 821201002, JOB NO. 528-08-980 821204002, 821212002, 8 1 13002 October 15, 1999 821291003 LEGAL DESCRIPTION PARCEL ((Ft a THOSE PORTIONS OF SECTIONS 16, 20, 21, AND 29, ALL IN 28 RTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, DESCRIBE O PARCELS A, B, C, D AND E AS SHOWN AND DESC ED 0 T CERTAIN RECORD OF SURVEY AS RECORDED IN VOLUME 7 OF SURV S T PA E 170 THROUGH 174, RECORDS OF JEFFERSON COUNTY, WASHINGTON. EXCEPT ANY PORTION THEREOF LYING THE PLAT OF EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT P i,4 THROUGH 7 RECORDS OF JEFFERSON COUNTY, WASHINGTON. EXCEPT ANY PORTION THERE0F AIRWAY VILL-AGE CONDOMINIUMS AS RECORDED IN VOLUME 1 OF C �i I SAT PAGE 219, RECORDS OF JEFFERSON COUNTY, WASHINGTO1. ALSO EXCEPT FROM AlSTRA B D, THOSE PORTIONS CONVEYED TO LUDLOW UTILITIES CO 0 L NOS, 4,9 AND 12 BY DEED RECORDED DECEMBER 3, 1985, R FILE NO. 298330. ALSO EXCEPT FR CIVD" THAT PORTION THEREOF FOR A 175,000 GALLON RESERVO A ED IN VOLUME 211 OF DEEDS AT PAGE 334. 14sm21vol l engr �3 1081980 4d meM15284898.doc VILLAGE CENTER Job No. 528-08-980-001 April 23, 1998 435974 page: 69 of 541 08104/2000 11:40A J�ff�r�en County WA POPE RESOURCES RESO 696.00 LEGAL DESCRIPTION PARCEL"Q" A.P. No. 82117I001 I r \ 1 THAT PORTION OF THE NORTH HALF OF SEC 1 SHIP 28 NORTH, EXCEPT ANY PORTION THEREOF LYING N OF SOUTH RIGHT-OF- WAY MARGIN OF OAK BAY ROAD; Al. SO EXCEPT ANY PORTION THEREO G WESTERLY OF THE EASTERL.Y'_1�tARGI OF BREAKER L TE ROAD; RANGE 1 EAST OF THE W.M., JEFFERSON C TCiTON; AND ALSO EXCEPT A..NIY PC NORTHERLY IvL4Y.GIN OF F f:1engeesm jobs 528' 'U0 'e) LYING SOUTHERLY OF THE AD. R.V. PARK Job No. 528-08-980 April 23, 1998 Revised October 15, 1999 435974 P&G&: 00 of 541 J6ff4r@en County, WA POPE RESOURCES RESO41 2000 090 01.40A LEGAL DESCRIPTION PARCEL "R" A.P. No. 821172000 THAT PORTION OF THE NORTHWEST QUARTER OF SEC I N 17 OWN`9 IIP 28 NORTH, RANGE 1 EAST, W.M., IN JEFFERSON CO S I'ON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER O AID CTION 17, THE NORTHEAST CORNER OF SAID SECTION 17 BEAR, 88' 1 26" E; THENCE S 00'52'33" W ALONG THE EAST LINE OF SAID NORPINVEST QUARTER 1914.76 FFET; 'T HE NI CE N 89007'27" W 265.93 FEET TO THE TRUE OF BEGINNING, SAID POINT BEING A POINT ON A CURVE, THE CENTER) THENCE WESTERLY ON SAID CURVE ANGLE OF 21059'54", AN ARC DI ANl S 89027'28" W 130.00 FEET; THE 318.00 FEET; THENCE S 48°55'07" W THENCE S 09004'02" E 353.00 FELT ,TH I E19ARN 22°32'26" W 165.00 FEET; _-fI', 'I --TROUGH A CENTRAL 3 FEET; THENCE " W 123.25 FEET; THENCE S 88'13'14" W T; THENCE S 09037'00" W 92.50 FEET; N 89027'28" E 325.00 FEET; THENCE N 4692'58" E 160.00 FEET; EN N 05018'32" W 216.00 F '�, 9027'28" E 70.00 FEET TO THE POINT OF CURVE; THENCE E T CURVE TO THE LEFT, HAVING A RADIUS OF 235.00, THROUGH LE OF 21059'54", AN ARC DISTANCE OF 90.23 FEET; THENCE, N 6 ° 57. 0 FEET TO THE WESTERLY MARGIN OF A PRIVATE ROAD A S A RECORD OF SURVEY FOR PORTE LUDLOW VILLAGE AND RE IN VOLUME 9 OF SURVEYS, PAGE 66 AND UNDER AUDITOR'S FI NO. 1 , RECORDS OF JEFFERSON COUNTY, WASHINGTON; THENCE N 11 5 ' 17" LONG THE WESTERLY MARGIN OF SAID PRIVATE ROAD A DISTANCE 0 71. T TO A POINT WHICH BEARS N 67027'34" E FROM THE TRUE POINT 0 B ;THENCE S 67027' 4� 7 3 FEET TO THE TRUE POINT OF BEGINNING. 4t� AS PORT LUDLOW R.V. PARK PHASES 1 AND 2, AS RECORDED IN VOLBINDING SITE PLANS AT PAGES 7, 8, 11 AND 12 RECORDS OF OFFCOUNTY, WASHINGTON. f:'zng esm jobs' 528' 08'980�document132808I00.doc SALES CENTER Job No. 528-08-980 October 15, 1999 435974 Page: 61 of 541 06/04/2000 11,40A Jefferson County, WA POPE RESOURCES RESO 696.00 LEGAL DESCRIPTION PARCEL "S" THAT PORTION OF THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 16, ALL RANGE 1 EAST OF THE W.M., JEFFERSON C , EASTERLY AND NORTHERLY OF TRACT "A' F THE RECORDED IN VOLUME 7, OF SURVEYS AT A S LYING SOUTHERLY OF PARADISE BAY ROAD TEAL LAKE ROAD. f-%mgr%sm jo`,n-1528'O8'9STJccuF.wiM5280810'Atf n A.P. No. 821163013 TI 21 L OF THE NORTH, GTON, LYING TAIN SURVEY WUGH 174, AND WESTERLY O DEVELOPMENT OFFICE Job No. 528-08-980 October 15, 1999 435974 Page: 52 of 541 08/0412000 11:40A Jefferson Country WA POPE RESOURCES RESO S98.00 LEGAL DESCRIPTION PARCEL "T" THAT PORTION OF THE SOUTHEAST QUARTER OF NORTH, RANGE 1 EAST OF THE W.M., JEFFER LYING BETWEEN THE PLATS OF PORT LUDO + VOLUME 5 OF PLATS AT PAGES 95 THROU H197 AI A.P. No. 821084004 TOWNSHIP 28 ASHINGTON, ORDED IN HE PLAT OF PORT LUDLOW NO. 4 AS RECORDED IN VOLUME O LA SAT PAGES 54 THROUGH 56, RECORDS OF JEFFERSON CO 1N HINGTUN. EXCEPT A_-NNY PORTION THEREOF L TH OF THE SOUTH RIGHT OF WAY MARGIN OF WALKER WAY. ALSO EXCEPT THAT PORTIONJI CRIBED AS WELL NO. 2 AND RECORDED IN VOLUME 211 OF f DAGE 322, RECORDS of JEFFERSON COUNTY, WAS n Venplesmyobs` 52 3' 435974 Pa„: 68 of 541 09/0412000 11;40A Jefferson County, WA POPE RESOURCES RESO 658.00 Sewage Treatment Plant A.P. No. 821093003 Job No. 528-08-980 August 6, 1999 Revised September 27, 1999 LEGAL DESCRIPTION PARCEL "U" THAT PORTION OF SECTION 9, TOWNSHIP 28 NORTH, RANGE 1 EAS JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CE R(IN S F POPE WAY AND CONDON LANE IN THE PLAT OF PORT LUDLOW 1, 2 PER VOLUME 5 OF PLATS AT PAGE 27, RECORDS OF JEFFERS NCE ALONG THE CENTERLINE OF CONDON LANE SOUTH O5 4 07" T 3 .20 FEET TO A POINT OF CURVATURE; THENCE SOUTHE A 0 OOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANG 1100 ", OR AN ARC DISTANCE OF 194.36 FEET TO A POINT OF TAN E CY; CE SOUTH 05014'03" EAST 70.17 FEET TO AN EXISTING CASED MO N NT A E CENTER POINT OF THE CU'L-DE-SAC AT THE SOUTH END OF SAID C ' ANE; THENCE SOUTH 13651'52" Z EST 45 00 FEET TO THE NO AST CO OF LOT 37 OF THE ABOVE SAID PLAT AND THE TRUE POINT OF B G; THENCE ALONG THE EAST LINE OF SAID LOT 37 SOUTH 13°51'52" WEST 130. F "f TO THE SOUTHEAST CORNER OF SAID LOT 37, THENCE LEAVING SA P T ' 26027'34" WEST A DISTANCE OF 27179 FEET ; THENCE SOUTH 80°34 2 S DISTANCE OF 119.75 FEET; THENCE NORTH 6005,3'39" EAST IS A -74.11 FEET TO THE NORTHWEST CORNER OF"ADMIRALTY NO. 2" R EY RECORDED IN VOLUME 1 OF CONDOMINIUMS AT PAGES 38 r ORDS OF JEFFERSON COUNTY WASHINGTON; THENCE EAST G THE NORTH LINE OF SAID "ADMIRALTY N0. 2" ALANG 10.0 F OT RADIUS CURVE TO THE LEFT THE CENTER OF WH0CqCE,-0F ', 44' 16" EAST, HAVING A CENTRAL ANGLE OF 27030'00", FOR A52.80 FEET TO A POINT OF TANGENCY; THENCE CONTINORTH LINE OF SAID "ADMIRALTY NO. 2" AND THE EASTERLYOF NORTH 81°14'16" EAST 140 FEET, MORE OR LESS, TO THE LHIGH TIDE OF PORT LUDLOW; THENCE NORTHERLY A.LSAID ORDINARY HIGH TIDE A DISTANCE OF 265 FEET, MORE O ON THE SOUTH LINE OF THE EASTERLY EXTENSION 0 6 OF THE ABOVE SAID PLAT OF PORT LUDLOW NO. 1 AREA 2; THENCE ALO G AID LINE SOUTH 89°38'09" WEST TO THE SOUTHWEST CORNER 36; THENCE ALONG THE WESTERLY LINE OF SAID LOT 36 NOR r02\ ' WEST 116.95 FEET TO THE NORTHWEST CORNER OF SAID LOT 36; T,IiZENq WESTERLY ALONG THE SOUTHERLY MARGIN OF SAID CONDON LANE ON ,45. O DIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NO °2 '53" WEST HAVING A CENTRAL ANGLE OF 57° 17'45", ALONG AN ARC PISTANCt OF 45.00 FEET TO THE TRUE POINT OF BEGINNING. 435974 Pass: 64 of 541 08/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 508.00 Olympic Resource Management Job No. 528-08-980-004 August 6, 1999 Revised September 27, 1999 TOGETHER WITH TIDELANDS OF THE SECOND CLASS SITUATED IN ADJACENT TO OR ABUTTING THEREON. INCLUDING ANY AND ALL FIXTURES LOCATED THEREON, TOG RIGHTS, TITLE AND INTEREST IN THOSE CERTAIN EASEMENTS AND TALBOT DEVELOPMENT, INC. TO LUDLOW UTILITIES C,-" 9 IN THE JEFFERSON COUNTY AUDITOR'S OFFICE UNDER RECO 251880, 221957, 255190 AND 25662C IlcsmZvollkngrlesm jobs1528�0"80�documentl52808103.doc O O OF, D B P PE .CO ED 'S 221929, Conference Center Job No. 528-08-980 September 28, 1999 435974 Paw 65 of 541 08/04/2000 11:40A Jefforeon County. WA POPE RESOURCES R190 599.00 A.P. No. 821093001 THAT PORTION OF GOVERNMENT LOT 4, SECTION 9, AND GOVERNMENT LOT 1, SECTION I6, ALL IN TOWNSHIP 281, THE W.M., IN JEFFERSON COUNTY, WASHINGTON, DESCR LEGAL DESCRIPTION PARCEL "V" PO T "P4 OF IAN 1 EAST OF BEGINNING AT THE SOUTH QUARTER CORNER O I N�9; PO I SHIP 28 NORTH, RANGE 1 EAST, W.M. FROM WHENCE ORNER OF SAID SECTION 9 BEARS N 88035'24" W, THENCE S 172 ' 2" W, 0 FEET; THENCE N 72033'27" W, I33.55 FEET TO A CONCRETE MON T K AS "MONUMENT A" FOR PURPOSES OF THIS DESCRIPTION, Ai THE I , OF BEGINNING; THENCE S 17°26'33" W, 30.00 FEET;-I'HfEN 'k N 12°33". " , 311.36 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE LEFT, HAVING A RADIUS OF 785.44 FEET AND A CENTRAL ANGLE OF 1.001818' , C DISTANCE OF 141.27 FEET; THENCE N 82055'41" W16.07 FEET TO A gRVE; THENCE ALONG A CURVE TO TEE LEFT, HAVING A R.ADI . F l 0 EET AND A CENTRAL ANGLE OF 43057'56", AN ARC DISTANCT V 2 - c ► ITIE EASTERLY MARGIN OF THE OAK BAY ROAD; THENCE N 70'21 s L = SAID ROAD MARGIN A DISTANCE OF 6.34 FEET; THENCE CONTINUIN L AID ROAD MARGIN ON A CURVE TO THE LEFT, THE CENTER OF VBE. S N 70'21 `53" W, FL4VING A RADIUS OF 488.37 FEET, AND A CENTRAL A GL F 12"35'13", AN ARC DISTANCE OF 107.29 FEET; THENCE CONT G L ' S ID ROAD MARGIN N 07°02'54" E, 179.73 FEET; THENCE CONT L AID ROAD MARGIN, ALONG A CURVE TO THE LEFT, HAVING 2894.79 FEET AND A CENTRAL ANGLE OF 6"19'43", AN ARC DISTAN 31 . 4 F ; THENCE, CONTINUING ALONG SAID ROAD MARGIN, N 00°43 I 1 ' 8 EET TO A POINT OF CURVE; THENCE CONTINUING NORTHERLY ALO S D R D MARGIN, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 205 D CENTRAL ANGLE OF 05046'06", AN ARC DISTANCE OF 206.71 FEET T S RLY MARGIN OF THE PLAT OF PORT LUDLOW NO. 1, AREA 2, PER O OF PLATS, PAGE 27 OF JEFFERSON COUNTY RECORDS; THENCE ALO G OUTHERLY MARGIN THE FOLLOWING COURSES: N Hg° '4 88.51 FEET: ( '2 " E, 58.96 FEET; 8 39' ' E, 177.40 FEET; S °2 ' 4" E, 25.00 FEET; 0046" E, 165.64 FEET TO THE SOUTHEAST CORNER OF LOT 37 OF SAID PLAT OF PORT LUDLOW NO. 1; 435974 Pao.: ee of 541 08/04/2000 11:40A Jefferson County. WA POPE RESOURCES RESO 590.00 THENCE LEAVING SAID SOUTHERLY MARGIN, S 26027'34" W, 272.79 FE ;THENCE S 80°34'20" E, 119.75 FEET; THENCE N 60°53'39" E, 74.11 FEET TO THE NO ST CORNER OF ADMIRALTY NO. 2, AS PER CONDOMINIUM RECORDED E I OF CONDOMINIUMS, PAGES 31 THROUGH 39, RECORDS OF JEFFERSO WASHINGTON; THENCE ALONG THE WESTERLY LIMITS OF SAI CO OM THE FOLLOWING COURSES: S 03057'27" W, 160.47 FEET; C) S 54°35'30" W, 66.50 FEET; S 47-22' 19" W, 140.72 FEET; S 56°22'30" W, 56.33 FEET; S 65°22'35" W, 115.07 FEET; 0 S 56°29'56" W, 19.31 FEET; S I rO F21" W, 88.40 FEET TO THE NOR ST CO R OF ADMIRALTY, AS PER CONDOMINIUM RECORDED IN VOL 100 0 FICIAL RECORDS, PAGE 22 THROUGH 42, RECORDS OF JEFF SO . TY, WASHIN`rGTON; THENCE S 17001'21" W ALONG THE WEST Y Ll�ii SAID ADMIRALTY, 395.01 FEET TO THE SOUTHWEST CORNER THENCE S 72033'27" E ALONG THE SOUTHERLY LIMITS OF SAID ADMIRALTY, ltl'40, FEET; THENCE S 17°26'33" W, 30.00 FEET TO THE TRUE POINT OF BEGRQQN Llen9rlesmjobs1528'08L WdocumeniM808104.d7 � (' n - Ludlow Ba%' Village Job No. 528-08-980 November 23, 1999 435974 Pass: 67 of 541 0S10412000 11:40A Jefferson County, WA POPE RESOURCES RESO 658.00 LEGAL DESCRIPTION PARCEL "W" THOSE PORTIONS OF THE PLAT OF LUDLOW BAY G CORDED IN VOLUME 6 OF PLATS AT PAGES 228 THRO G 2 3, RE ORDS OF JEFFERSON COUNTY, WASHINGTON, MORE P C ESCRIBED AS FOLLOWS: PARCELS "M1"THROUGH "M4" INCLUSIVE, CEL 'I', PARCELS "R1", 94R2" A.ND "R3", PARCELS "SF1" THROUGH "SF5" CLU VE, PARCELS "TH14" THROUGH "TH53" INCLUSIVE, P LS "TH52A", "TH16A", "TH28A", "TH29A", "TH44A", AND "TH45A" OF S AT. 0 0 f.`engr'esm jabs'528'08T801documcnt152808105.doc n I �I�III �II�I �III�I� II�II 11111 IF 1111111 @ 1 a of 641 4 Jefferson County, WA POPE RESOURCES 068/04l2000 17:400 RESO S98.00 C EXHIBIT 64299 Map Of Pope Resources and Subsidiary Company Properties DENOTES CURRENT PROPERTIES OWNED BY POPE RESOURCES AND SUBSIDIARY COMPANIES SCALE 1 2000' A z J Y D EXHIBIT 6`3" LAND USE ---- MASTER RESORT COMPLEX/COMMUNITY RECREATION (MPR—RC/CF/R) VILLAGE COMMERCIAL CENTER RECREATION AREA (MPR—RA) MULTIPLE FAMILY (MPR—MF) = SINGLE FAMILY (MPR—SF) SINGLE FAMILY TRACTS (MPR ® OPEN SPACE RESERVE (MPR—C __•-_`� L �E ESIGNATIONS TAKEN FROM COUNTY COMPREHENSIVE TED AUGUST 28, 1998 1' -2000' LAND USE MAP Dwa Name: zone—bw3.dwa 435974 Pass: EO of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 APPENDIX "A" Jefferson County PORT LUDLOW MAS!PLANNED RES CODE (MPR Code) Development Lud 0 0 �e�(lations for the Port r Planned Resort Ado Effective October 4, 1999 \ Ordinance No; 08-1004-99 435974 P&M 70 of 541 00/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 688.00 435974 Page: 71 of 541 Jefferson County, WA POPE RESOURCES RE904l2000 599.001'40A STATE OF WASHINGTON COUNTY OF JEFFERSON AN ORDINANCE repealing the interim ) development controls of Ordinance ) 10-1214-98 and adopting new development ) regulations for the Port Ludlow Master ) ORDINANCE N Planned Resort. ) WHEREAS, Jefferson County adopted its 20 year August 28, 1998. plan on WHEREAS, The Comprehensive Plan designate o dl community as a Master Planned Resort based on the provisions contained in W 3 . OA.3b2; and WHEREAS, the County is required t a opt de pmeni regulations that are consistent with the provisions of the Comprehensiv P ; and WHEREAS, emergency inter regulation re adopted for the Master Planned Resort, one appeal was filed and others were consideration, and, as an alternative to an appeal process and in consideration ofdismissa appeal, the County initiated mediation between stakeholders representing a wide ego c unity interests; and WHEREAS, the related to this phase of the planning and WHE Sewer, Inc. and Jeffe allocation of sewer next 20 years; and groups have reached consensus on the issues ight otherwise have been subject to appeal; "of understanding between Olympic Water and npames this ordinance and provides for equitable boundary of the Master Planned Resort for at least the W ANe ympic Resource Management has agreed that vested preliminary plat application aster Planned Resort shall be subject to the terms and provisions of this ordinance, n� acknowledges that future resort development will require altering and partially v�ein r ed plat development; and HEREAS, a development agreement setting forth provisions and limitations on related development plans is expected to proceed through a separate public :ion process; and WHEREAS, the environmental impacts of this Ordinance are within the scope of Page 1 of 26 435974 P826: 72 of 541 Jefferson County, Wp POPE RESOURCES 1111111111111111108/02000 7'40A ORDINANCE NO.08-1004-99 repealing the interim dcvelopment controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort the impacts anticipated by the County's Comprehensive'Plan and within the range of impacts evaluated in the I993 environmental studies referenced below; and WHEREAS, environmental review for the new regulations has been ompleted and included adoption of the Draft and Final Environmental Impact Statements ( S for the Jefferson County Comprehensive Plan (published February 1997 and May 199 th aft and Final EISs for the Inn at Port Ludlow (October 1992 and April 1993), and the and final EISs for the Port Ludlow Development Program (October 1992 and April 93 , as follows. NOW, THEREFORE, the Jefferson County Board of Co is ierfe does ordain SECTION 1 AUTHORITY AND PURPOSE Section 1.10 Authority and Table of Contents: This o di ce i a opted pursuant to Chapter 36.70 RC W. The Table of Contents for the MPR regulati set f in this ordinance is as follows: SECTION 1 AUTHORITY AND PURPOSE 1.10 Authority and Table of Contents 1.15 Title 1.20 Purpose and Intent 1.30 Rules of Interpretation 1.40 Additional Requirements 1.50 Qualified Lead Planner 1.60 Public Notice Roster,D SECTION 2 SCOPE 2.10 Applicability 2.20 Compliance Wi 2.30 2.40 2.50 2.60 SEC 3.10 Exem tions P Non-confo i e Non-confo i St tures Required Comm oci ions and Facilities N R DLOW MASTER PLANNED RESORT ZONING DISTRICTS Sikle i Zone (MPR-SF) 3.I�1 ose 3.102) permitted Uses, Lot Size, and Density Page 2 of 26 435974 Pao@: 78 of 541 08/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 59$.00 ORDINANCE NO.084004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort 3.103 Conditional Uses, Lot Size, and Density 3.104 Height Restrictions 3.105 Bulk and Dimensional Requirements 3.106 Commercial Forest Land Buffers 3.107 Accessory Dwelling Units Prohibited 3.108 Conceptual Site Plan Requirement 3.20 Single Family Tract Zone (MPR-SFT) 3.201 Purpose 3.202 Permitted Uses 3.203 Conditional Uses 3.204 Height Restrictions 3.205 Bulk and Dimensional Requirements 3.206 Accessory Dwelling Units Prohibited 3.30 Multi -family Zone (MPR-MF) 3.301 Purpose 3.302 Permitted Uses 3.303 Conditional Uses 3.304 Height Restrictions 3.305 Bulk and Dimensional Re ' in is 3.40 Resort Complex/Communi ci 'ties one (MPR-RC/CF) 3.401 Purpose 3.402 Permitted and C 'on s 3.403 Non-Reso Use d Pr rties 3.404 Height c ' 3.405 Bulk d si al Requirements 3.50 Village C rci Ce Zone (MPR-VC) 3.501 P o e 3.502 Pe ' d ses 3.503 n I ' n ses 3.504 igh R strictions 3.505 Dimensional Requirements 3.60 ere I ea (MPR-RA) Permitted Uses Height Restrictions Bulk and Dimensional Requirements Page 3 of 26 435974 Page: 74 of 541 08/04/2000 11:40A Jeffartan County. WA POPE RESOURCES RESO 596.00 ORDINANCE NO.09-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new devetopment regulations for the Port Ludlow Planned Resort 3.70 Open Space Reserve (MPR-OSR) 3.701 Purpose 3.702 Permitted Uses 3.703 Conditional Uses 3.704 Height Restrictions 3.705 Bulls and Dimensional Requirements 3.80 Development Cap 3.801 Development Cap and MERUs 3.802 MERU Record 3.803 MERU Allocation and Assignment 3.804 Initial Allocation of Commercial MERUs 3.805 Initial Allocation of Residential MERUs 3.806 MERU Transfer 3.807 MERU Allocation Not Property Specific- i do 3.90 Resort Development 3.901 Resort Plan 3.902 Permit Process for Resort Development 3.903 Requirement to Vacate or Withd a xisting or Vested Development Rights 3.904 Environmental Review for Resort evelopment 3.905 Revisions to Resort Plan 3.906 Major Revision 3.907 Minor Revisions 0 Section 1.15 Title: The regulations o i his ordinance shall be known as the Port Ludlow Master Planned Resort Cod , y jh� ort title, MPR Code. Citations to these regulations may be made usirlg`te a p ' ab a ection number and this ordinance number or the name of this code. Section 1.20 Purpose n en • e purpose and intent of the MPR Code is to set forth development regulatio co ly ith and are consistent with the Jefferson County Comprehensive Plan for a eve opment within the boundaries of the Port Ludlow Master Planned Resort. /\ of the terms The following rules apply in making interpretations contained herein_ this Ordinance, all words used in the ordinance shall use normal and unless specifically defined otherwise in this ordinance. in the present tense include the future tense. includes the singular and vice -versa. Page 4 of 26 435974 0/04/2000f1G14 0640A Jefferson County, IiA POPE RESOURCES RESO 599.00 ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Pon Ludlow Planned Resort 4. The words "will" and "shall" are mandatory. 5. The words "may" and "should" indicate that discretion is allowed. 6. The word "used" includes designed, intended, arranged, or intended to be used. 7. The masculine gender includes the feminine and vice -versa. Section 1.40 Additional Requirements: The following Ordinances and require is may qualify or supplement the regulations presented in this ordinance. Where t e r at ns of this ordinance, those set forth below, or any other local, state, or federal reg s o la , the most restrictive and/or protective standards shall apply. 1. Ordinance No. 05-0509-94, Interim Critical Areas Ordin 2. Ordinance No. 10-1104-96, Stormwater Management ce 3. Ordinance No. 04-0526-92, Subdivision Ordinance as nd y this Ordinance 4. Chapter 246-272 WAC, On -Site Sewage Syst s 5. Shoreline Management Master Program 6. Ordinance No. 01-0121-97, Forest Lands Or in ce, a ended by this Ordinance (see section 3.106) to limit agreements pursuant to cti 0(1) of the Forest Lands Ordinance so that when a new structis propose on land adjacent to land designated as Commercial Forest Land, in no cz setback to be reduced to less than 15 shall be maintained, exclusive of c 7. All local and state monitories op rl' water, and stormwater utilli , d; with jurisdiction. 8. Ordinance No. 04-0828-9"nd I an agreement be made which allows the her, a minimum average setback of 200' d their associated setbacks. aid management requirements for sewer, may be required by the local or state agency Ordinance. Section 1.50 Oualifiedlinntr' The Director of the Department of Community Development shall ap of a ' e planner to serve as the lead planner for the Port Ludlow Master Pappliecatio d Re uni he lead planner shall review or coordinate review of all land use s i i he PR boundaries, and shall serve as the initial point of contact for citizens seeking nfo do n development proposals or planning issues in the community. Section 1.60 P lc a ice Raster: The Department of Community Development shall establish and ai ain a ublic notice roster which shall be used to provide notice of land use applicatio .t ' t PR boundaries. The Port Ludlow MPR roster shall supplement any other lis o n A�®rization r addresses to which the department provides public notice information. wp on may request to be added to the roster at any time. Page 5 of 26 435974 Paps: 76 of 541 06/04/2000 11:40A Jefferson County. WA POPE RESOURCES RE50 598.00 ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1114-98 and adopting new development regulations for the Port Ludlow Planned Resort SECTION 2 SCOPE OF REGULATIONS Section 2.10 A licabili The provisions of this Ordinance shall apply to all l ,all associated water areas and all uses and structures within the boundary of the Mast an Resort of Port Ludlow as depicted on the official land use map for Jefferson C9un- Washington. ' Section 2.20 Compliance With Regulations Rg aired. No structures he a er "ect& and no existing structure shall be moved, altered, added to or enlarged, n s 1 land or structure be used, or arranged to be used for any purpose other thanis ' cluded among the uses listed in the following chapters as permitted in the in di tric which the structure or land is Iocated, nor shall any land or structure be ed other requirement specified in this Ordinance. er contrary to any Section 2.30 Exemptions. The following structures an u s shal b exempt from the regulations of this Ordinance, but are subject to all other a lica a ocal, State and Federal regulations including, but not limited to, the Co Building rdinance, Interim Critical Areas Ordinance, the Shoreline Management Master Pr r and the State Environmental Policy Act (SEPA). Wires, cables, conduits, vaults, for the distribution to consume or water or the collection of sei maintained by a governs franchised utilities incl transformers and4fil whether any sucfacilities are locinclude above-gpotable water st any zone whe 2. Railroad trac right-of-way 3. Teleph=tjonal inform 4.- A s, V1 es, tanks, or other similar equipment ep o r other communications, electricity, gas, e, r ace or subsurface water operated or Y o blic or private utility or other County ing u tom meter pedestals, telephone pedestals, distribution ut 'ty c' ities required during building construction, o e underground, or above ground; but only when such ree t-of-way or in an easement. This exemption shall not -tn I substations, sewage pump stations or treatment plants, or a facilities, which shall require conditional use approval in a , budges and similar facilities and equipment located on a railroad d m i tenance and repair work on such facilities and equipment. hs pedestals, underground utility equipment, mailboxes, bus shelters, :ctor ks, public bicycle shelters, or similar structure or device which is of Community Development is obviously intended to be sated in the public interest. Idings used to house livestock, store feed or farm equipment. ion activities, as defined by the UBC, Section 106.2 and structures Page 6 of 26 435974 Paa.: 77 of 541 00/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1114-98 and adopting new development regulations for the Port Ludlow Planned Resort exempt under Jefferson County Building Code Ordinance #03-0713-98 as amended. 6. Storm water detention facilities associated with and accessory to new development are permitted in all zones. Any above ground detention facility or pond shall be screened from the public right-of-way or appropriately landscaped to ensure com}�atibility with the surrounding area. 7 7 Section 2.40 Nonconforming Uses: Existing legal non-residential uses lid laqd uses in all zones of the Master Planned Resort and shall comply with Compre en� Plan ol'cies LNP 8.1-8.11 on non -conforming uses. Section 2.50 Nonconforming Structures: Existing legal no con ctures damaged or destroyed by fire, earthquake, explosion, wind, flood, or o er cal i m be completely restored or reconstructed if all of the following criteria et l . The restoration and reconstruction shall not =xten Increase the nonconformity of the original structure. 2. The reconstruction or restoration shall, to general architectural style as the original more closely reflects the character o th 3. Permits shall be applied for within one substantially complete within two 4. Expansions or substantial no t' s t with current regulations an�de e `U amount of impervious surface n si Inc. (LMC) and the South organizations with6facivehicle parking, reSBCA facilities arExpansions, modiallowed, consisten section 3.90. ,� go ly possible, retain the same or an architectural style that nding neighborhood. of the damage. Restoration shall be ermit issuance. 7b'lilt nonconforming structures shall comply lat an existing nonconformity regarding the be maintained. The Ludlow Maintenance Commission, nuylit Association (SBCA) are recognized as existing g,bidt not limited to, club houses, parking areas, recreation s, and parks and trails located in the MPR. LMC and d not part of the Resort, as defined in section 3.90. ,.s to these separate LMC and SBCA facilities and uses are ns of this code, and exclusive of the limitations imposed by SECTION 3 LUDLOW MASTER PLANNED RESORT ZONING DISTRICTS S T N" SINGLE FAMILY ZONE (MPR-SF) ectiol 3. OI Purpose: This zone recognizes, maintains and promotes single family re ' en a areas within the MPR, and provides opportunities for reasonably priced housing. Page 7 of 26 435974 Psas: 70 of 541 06/04/2000 11,40A Jefferson County. WA POPE RESOURCES RESO 596.00 ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Pon Ludlow Planned Resort Section 3.102 Permitted Uses Lot Size and Density: The following uses, lot sizes, and densities are permitted within the MPR-SF zone: 1. Single family detached dwelling units. 2. Home -based business. 3. Accessory uses and structures, such as garages, carports, storage buildings d ii structures supporting the residential environment, when clearly subordi supplemental to a permitted use. 4. Trails, parks, open space and playgrounds approved through a platt/develop review process. l \ < 5. Minimum lot areas of 5,000 square feet approved through a pl exceed a gross density of four (4) dwelling units per acre. E be further subdivided. densities are permitted conditionally in the MPR-SF zol 1. Trails, parks, open space and playgrounds if not process. 2. Minimum lot areas of 3,500 square feet i a O. exceed a gross density of four (4) dwelling it be further subdivided. 3. Single family attached dwelling units i chi � of a new subdivision, not to exc a g m Setbacks and impervious surface i it h not to the land allocated to any i ' �ato al "single family attached" shall stacked units. 17 4. Fire stations; prov to 30% in the size process. 5. Above -ground e potable water stor not to shall not lot sizes, and or development review through a platting process and not to acre. Existing subdivisions shall not 'lexes, triplexes and fourplexes as part of four (4) dwelling units per acre. ply to the total lot or development parcel, hed unit. For purposes of this Ordinance, se style or side -by -side development, not stations are allowed a one time expansion of up int without going through a conditional use st ions, sewage pump stations or treatment plants, and or facilities. Section 3.104 Hei ct es i tions: No building or structure shall be erected, enlarged or structurally modifie to 35 feet in height. Section 3.10 ul n Dimensional Requirements: Bulk and dimensional requirements shall b r i in able MPR-SF below. For projects proposing single family attached units, th eq 're s shall apply to the total lot, not to the land allocated to any individual amk-hed unl . Page 8 of 26 435974 Pass: 79 of 541 00104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 699.00 ORDINANCE No. 08-1004-99 repeating the interim development controls of ordinance 10-1114-98 and adopting new development regulations for the Pon Ludlow Planned Resort TABLE MPR-SF Density Minimum Minimum Front Side Yard Rear Yard Maximum Lot Area Lot Width Yard . Setback Setback Impervious Setback Surface 4 5,000 sq. ft. 40' 20' 5' 5' S% DU/AC 1\7 4 3,500 sq. ft. 40' 20' 5' 5' square feet DU/AC Conditional y lot less SOOO Use required sq. ft. Section 3.106 Commercial Forest Land Buffers: New d v elo nts property located adjacent to lands designated Commercial Forest are n� ct oe_de uirements of the County's Forest Lands Ordinance No. 01-0121-97. Section ) of t rest Lands Ordinance allows modification of the standard 250' setback from adja e t com er ial forest lands. Within the MPR- SF zone, the following limitations shall apply to ree to modify the standard buffer or setback requirement for development adjacent to Co ercia orest land. 1. An average setback of at least 200' h 1 be maintained. 2. Critical areas and critical area setbac or uffers shall not be included in the calculation or areas used to establish the 200' g et ck distance. 3. A minimum setback of 15.0' steal b ai i ed. 4. Natural vegetation and ford h�l e maintained in a native state, but may be managed to ensure healthy o to on d avoid hazards to life or property. 5. The boundaries of the buf r tb k area shall be visibly marked during and following development. 6. When establisheou h i i g process, the buffer or setback area shall be designated on e a as a separate open space tract. : Accessory dwelling units shall not be allowed in the MPR-SF 3.108 ConceDWal Sfte M6 Requirement: Prior to preliminary plat approval in the south area desigeonhp ehensive Plan Land Use Map as requiring a "conceptual site plan," a plan shall the Department of Community Development showing a concept for develntire south area. The conceptual site plan shall illustrate at least one develr the entire south area and shall at a minimum address required buffers, road ,al �uhasing. SEC O3.20 SINGLE FAMILY TRACT ZONE (MPR-SFT) S)wtiog.201 Purpose: This zone recognizes, maintains and promotes larger, single family Page 9 of 26 435974 Pape: 80 of 541 Jefferson County, WA POPE RESOURCES RESO41598� 0 `40A ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort residential tracts within the MPR. Section 3.202 Permitted Uses: The following uses are permitted within the MPR-SFT zone: i . Single family detached dwelling units. 2. Accessory uses and structures, such as garages, carports, storage buildin s d similar structures supporting the residential environment, when clearly o di ate and supplemental to a permitted use. 3. Accessory buildings, such as barns, stables and similar structures, w Z y su o dinate and supplemental to a permitted use. 4. Home -based business. 5. Trails, parks, open space and playgrounds approved throu development review process. Section 3.203 Conditional Uses: The following uses are tted rr h onally within the MPR- SFT zone: 1. Trails, parks, open space and playgrounds if note a a ing or development review process. 2. Above -ground electrical substations, se g ump stations and treatment plants, and potable water storage tanks or facilities. Section _3.204_ Height Restrictions: No u' structure shall be erected, enlarged or structurally modified to exceed 35 feetjnjiei Bulk and dimensional requirements shall be as provided in Table MPR-SFT b lc�v 0 � V ; Maximum Minim ini Front Yard Side Yard Rear Yard Impervious Density Lot of idth Setback Setback Setback Surface i DU/2.5 2.5 AC 00' 25' 25' 25' 20% AC :1 ry Dwelling Units Prohibited: Accessory dwelling units shall not be C zone. Page 10 of 26 435974 051 412000Pa: Si of1B1:40R Jefferson County, NA POPE RESOURCES 080 598.00 ORDINANCE No. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Pon Ludlow Planned Resort SECTION 3.30 MULTI -FAMILY ZONE (MPR-MF) Section 3.301 Purpose: This zone recognizes, maintains and promotes multifamily Housing opportunities within the MPR, in part to provide lower -cost housing units. Section 3.302 Permitted Uses: The following uses are permitted within the -MF zone: 1. Multi -family dwelling units including condominiums. 2. Assisted -Living, congregate care, and long-term care facilities. 3_ Accessory uses and structures, such as garages, carports, storage > a s, and recreation buildings supporting the residential environment, w esu o inate and supplemental to a permitted use. 4. Home -based business. 5. Trails, parks, open space and playgrounds approved thr p ttdevelopment review process. 6. Single family attached (townhouse style) or d ch d d llin its. Section 3.303 Conditional Uses: The following us s e pe itt d conditionally in the MPR-MF zone: 1. Trails, parks, open space and playgrounds if not p a platting or development review process. 2. Above -ground electrical substatio potable water tanks or storage fac structurally modified to exceed 35 be as provided in T requirements of sectia family attached deytl, stations and treatment plants, and o burl ing or structure shall be erected, enlarged or oeiig as measured by UBC standards. nuirements: Bulk and dimensional requirements shall w. Single family residential uses are subject to the conditional use approval shall not be required for single TABLE MPR-MF Density M. imum Front Side Rear Maximum o�Lot Yard Yard Yard Impervious Width Setback ' Setback Setback Coverage 10 DUI N/A UBC UBC UBC 55% S RESORT COMPLEX/COMMUNITY FACILITIES ZONE (MPR-RC/CF) Sectio 3. 01 Pur ose: The MPR-RC/CF zone provides amenities and services associated with a re rt d he surrounding community, and supports existing residential uses. Uses allowed in the Page 11 of 26 N. 435974 Papa: 92 of 541 Jefforeon County. WA POPE RESOURCES RESO4J69S 00 '40A ORDINANCE NO. 0$-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort RC/CF zone recognize the recreational nature of the resort and include the existing and planned resort complex, as well as limited permanent residential uses, and non -resort community facilities including a beach club and Kehele Park. Kehele Park is located north of the actual resort area and serves as a community park. Section 3.402 Permitted and Conditional Uses: The following uses are permi RC/CF zone. Within the resort area, for resort facilities only, the uses set fo described and limited by the Resort Plan, as set forth in section 3.901. RC/CF USE CHART C USES Hotels (Inn) and appropriate associated uses4 R Conference Center/Banquet Facility Parks and Trails as part of a platting or develop a revie process Recreation Center/ Club/ Yacht Club Marina Seaplane Dock Helipad for Medical Emergencies On Resort Related Retail Use Library/Museum Interpretive and Informational Kios s Community Organization Ac�i 7vity ac and RV storage properties Multifamily and Single F si Tennis Courts (indoor o tdo Amphitheater itie�, �.g. LMC Beach club ial Structures (10 du/ac) CHART �condi RP a means a use is permitted; "C" meai al s approval is required. C the MPR- iP further RC/CF Kehele Park 111un- a or uses and Pro erties: Those non -resort controlled uses and activities which ext w' in t e RC/CF zone are recognized as valid uses and activities and may continue, n , or an accordance with the provisions of this ordinance. These non -resort uses, hies, d roperties are not regulated by the provisions for the Resort Plan as set forth in %.90. Page 12 of 26 435974 Page: BS of 641 06/04/2000 11:40R Jrffrraen Ceunly, WO POPE RESOURCES RE80 698.00 ORDINANCE NO.09-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort Section 3.404 Height Restrictions: No building or structure shall be erected, enlarged or structurally modified to exceed 35 feet in height, excluding roof projections, as measured by UBC standards, except that Hotels and associated Conference Center facilities, as specified in the Resort Plan (see section 3.90) may be allowed to a height not exceeding 50 feet as rpeasured by UBC standards when the Jefferson County Fire District (#3) finds that fire -fighting ald 'fe safety issues have been adequately addressed. Section 3.405 Bulk and Dimensional Re uirements: Bulk and di nsio I req it ments for commercial uses in the MPR-RCICF zone are contained in the table be . Si 1 f residential uses are subject to the requirements of section 3.10; provided that con ' 'o s approval shall not be required for single family attached development . Multi-fam' us d ctures are subject to the requirements of section 3.34. TABLE MPR- C/£ Density Minimum Lot Area Minimum Lot Width Front Yazd Setback Si e and Se a a Yard e ack Maximum Impervious Coverage NIA NIA N/A UBC UBC C 50% SECTION 3.50 VILLAGE COMMERCIR ZONE (MPR-VC) Section 3.501 Purpose: The MPR-VC zon �*� ail and commercial uses and other services to meet the needs of resort visitors and coents. In addition to retail and commercial uses or services, other uses such as go facilities, residential uses, and visitor Section 3.502 Permitted Uses: 0 ty offices and facilities, long-term care tted within this zone. uses are permitted in the MPR-VC zone: PERMITTED USES RETAIL SERVICES OTHER Bank and Financi 1 Institutions Travel Consultant Art Gallery Variety Stores Dry Cleaner/ Laundry Theater ' Grocery Store Barber and Beauty Shops Post Office Hardware Sto s General/Business Offices Recycling Drop-off Facility Pharmacy�g_54&res Professional Offices Library Liquor t (s e) Real Estate Museum so I dica upply re Day Care Center Community Center Flon S ps Clinics (Medical, Dental, Mental Health, Chiropractic) Police Facility eclat Food Stores Social Services I Fire Station Page 13 of 26 435974 Page: 64 of 641 0B104,2000 11;40A Jefferson County, WA POPE RESOURCES REGO 598.00 ORDINANCE NO.OS-1004-99 repealing the interim development controls of Ordinance 10-121 d-98 and adopting new development reeulations for the Port Ludlow Planned Resort RETAIL SERVICES Sporting Goods and Related Miscellaneous Health Stores Book and Stationary Stores Home Health/Home Care Jewelry Stores Vehicle Repair and Gas Station Photographic and Electronics Car Wash Computer, Office Equipment and Related Sales Music Stores Farmers Market Interior Decorating Shop Food Service Establishments Antique Store Transportation Service Utility Purveyor OfficesMulti-family dwellings Public Agency or Utili Offices Mailing/PackaginR Bu Park Indoor Tennis F RES 0 �ted Living, Congregate C e Facilities red Use: Residential e first floor commercial Single family, attached or detached dwelling units Section 3.503 Conditional Uses: The follo ' g es are permitted conditionally within the MPR- VC zone: I . Principal use, above gro,d, free t ding Parking Structure. 2. Conference Center. 3. Helipad for medical a ci on y. 4. Above -ground el al bst o s, sewage pump stations and treatment plants, and potable water st ra o acilities. 5. Assisted Living, o g ate are, or Multi -family uses if greater than 35,000 square feet in gross floor apace ,jecnon J.-'su4 Height re tr ictions: No building or structure shall be erected, enlarged or structurally mo d exc d 35 feet in height, excluding roof projections, as measured by UBC standards. Sectio 3. 5 1 nd Dimensional Requirements: 1. M i- it residential development shall be subject to section 3.305 and Table MPR-MF. 2. Single f ily development shall be subject to section 3.10; provided that conditional use a v shall not be required for single family attached development. Page 14 of 26 435974 Page: 85 of 541 00104/2000 11:40R Jefferson County, WA POPE RESOURCES RESO 590.00 ORDINANCE NO. 08- 1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort 3. The maximum gross floor area per nonresidential building allowed shall be 30,000 sq. feet. 4. Other requirements for nonresidential development in the MPR-VC zone are set forth in the table below. 5. Impervious surface requirements may be met by establishing an open a e tract within the zone, but separate from property proposed to be developed. Such an o n ace tract shall be permanently established prior to permit issuance through a cor undary Line Adjustment, Short Plat, or Binding Site Plan that identifies the an es the open space for the Iife of the associated project. TABLE MPR-VC Minimum Minimum Front Yard Side Yar R ar Yard Impervious Density Lot Area Lot Width Setback etb k ack Coverage N/A NIA 1 UBC I IJ8C UBC 45% SECTION 3.60 RECREATION AREA I Section 3.601 Purpose: The MPR-RA zor. future active recreation activities and areas Section 3.602 Permitted Uses: 1. Parks and Trails 2. GoIf Shop/Club House/ 3. Interpretive Center and 4. Golf Course and e 5. Indoor and Ou o c Section 3.603 H i� rl, structurally modifie4 to 6xcee standards A) — izes, maintains, and promotes the existing and ieTort Ludlow Master Planned Resort. permitted within the MPR-RA zone: Eck Bar/Lounge or directional signage aintenance Buildings and Facilities including Indoor and Outdoor Tennis Facilities ns. No building or structure shall be erected, enlarged or feet in height, excluding roof projections, as measured by UBC Section 3.604 u an imensional Requirements: The maximum square foot area forstructures in the MP - ne s ll be 20,000 square feet, except for indoor tennis facilities which shall be no larger 2 , 00 square feet. Page 15 of 26 435974 Page: 96 of 541 08J041208e 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort TABLE MPR-RA Front Maximum Minimum Minimum Yard Side Yard Rear Yard Impervious Density Lot Area Lot Width Setback Setback Setback Cole NIA NIA N/A UBC UBC UBC 4 °o SECTION 3.70 OPEN SPACE RESERVE ZONE (MPR-OSR) Section 3.701 Purpose: The Open Space Reserve zone preserves in peril d e es the natural amenities around Ludlow Bay, the Twin Islands and other n 1 ar wi ' the MPR. Uses within the Open Space Reserve shall be low impact and sery o ate or enhance the aesthetic qualities of the Master Planned Resort. No re ' enti o o ercial development shall be permitted in the MPR-OSR zone. Section 3.702 Permitted Uses: The following uses shal rmitt e MPR-OSR zone: 1. 1. Parks, trails, paths, bridges, benches, she er , d s rooms, with associated parking. 2. 2. Directional and interpretative sig a and kiosks. 3. Private roads for maintenance and utility a es r access to an interpretive center or equestrian facility. Section 3.703 Conditional Uses: The "bow all be permitted conditionally in the MPR-OSR zone. Any interpretive center, q st ' cility, electrical substation, or water storage tank or facility shall be located a th outer boundaries of the zone as practicable so as to minimize the need for access r=d%oth r disturbance of the Open Space Reserve. 1. Man-made water wetland buffer er 2. Interpretive Cez 3. Equestrian Fact 4. Above -ground el natural water features, such as ponds, wetlands, storm water detention ponds. bstations, sewage pump stations, and potable water storage tanks or facil 'es. v Section 3.704 Hei t�r' tion: No building or structure shall be erected enlarged g or structurally m di a t teed 25 feet in height, excluding roof projections, as measured by UBC stand s�� and Dimensional Re uirements: The maximum square foot area per shall be 2000 sq. feet. Electrical substations and water storage tanks or eed this cap if approved through the conditional use process. Page 16 of 26 435974 094412000f16440A Jefferson County, WA POPE RESOURCES RESO BeFee ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort SECTION 3.80 DEVELOPMENT CAP 3.801 Development Cap and MERUs: 1. The Jefferson County Comprehensive Plan provides that within the MP boundarytotal residential dwelling units shall not exceed 2,250. In order to impleme t 's development cap and allow flexibility within the limits established th 1 93 FEIS, a measurement and transfer system based on the number of actual re ' tia to , actual dwelling units, and equivalent residential units for commercial eve ment been established. 2. Equivalent residential units are measurable and transferable b idential and commercial uses. This ordinance uses the term "MERU" r ent ERU" to distinguish the meaning and use of the term "equivalei# rsidotal uhif in this code from its more common application to water an er tl s es. In this code, MERU and Measurement ERU are defined as set fo ctio . The terms define the measurement and transfer mechanism for fu devel ent within the MPR boundaries. Within the boundaries of the Port Ludlow Mas PI d Resort, total development shall be capped at 2575 MeasuremeUs (MERUs). Actual residential dwelling units shall not exceed 2,250. 3.802 MERU Record: The count of MERUs and of residenti,- munity Development shall maintain a system shall be established no later than 60 days from the effective date of thi or ' ce at provides an up-to-date count of available MERUs. This system shall maiDent 'e count, shall be available to the general public for inspection during regular businen shall be updated as needed to reflect current usage and allocations of MERU . llMERUs shall be determined according to the provisions of section 3 shall maintain records of ERU and MERU allocations and shall ai a' m ix showing allocation of residential and commercial MERUs. 3.803 MERU Allo6tfionand Assignment:, MERUs shall be allocated and assigned as follows: 1. Each M s 11 sumed to generate 200 gallons per day (gpd) of sewer wastewater flow. 2. Each si 1 i y dwelling unit or recorded, platted lot shall count as one MERU. 3. E h ti- ily dwelling unit shall count as one MERU. 4. ist li 'ng, congregate care, and similar facilities shall be assigned an MERU o t based on the number of bedrooms, beds, and type of care or assistance provided. e e e shall be made to State Department of Ecology sewer design standards for \ in le family and multiple family dwellings, nursing homes, and homes for the aged. c logy design standards shall be those in place at the time of application for assisted Page 17 of 26 435974 Pass: 86 of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 ORDINANCE NO.08-i004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort living, congregate care or similar uses. 5. Commercial development shall be assigned an MERU amount based on State Department of Ecology design standards, as of the effective date of this ordinance. 6. If a use is proposed that is not called out in this section or is not assigned ow rate by the State Department of Ecology, the required gallons per day for a use { z MERU allocation) may be assigned based on measurements of actual use or o process as approved by the Department of Community Development. ative 7. Residential lots approved by a preliminary subdivision or prelimi ho sub iv Sion shall be allocated MERUs based on the preliminary subdivisio limi pla or preliminary short plat) approval. If the preliminary plat or prelims s plat expires or is withdrawn before being finaled, the MERU allocatio r e o allocated status. 8. If a recorded subdivision is vacated or if platted I0JVar9co so ' t d through a boundary line adjustment or otherwise in a manner that pr cl es development of one or more residential uses, unusable MERUs shall revert t allocatedlstatwz the MPR, 325 are initially allocated to comr reserved for the Village Commercial Center. resort commercial development, and 41 are r shop and golf support facilities. All other cc existing development. 0 the MPR boundaries, 2250 are ini residential development acco 727, and lots with prelimin 0 date of this ordinance, a to al pursuant to section 3.8 f r d support commercial de elo en Of the-total_275 MERUs allowed within 14'evelopment. Fifty-five new MERUs are e MERUs are reserved for additional fu re expansion of the golf course pro a RUs (226) are initially allocated to ientirsdential Of the total 2575 MERUs allowed within tia y o residential development. Existing (built) fo 1 4 MERUs, platted but undeveloped lots total t vnt for an additional 326. As of the effective Us remain available (subject to final verification ion residential development or may be transferred to �s t forth in section 3.806. J-Ovo 1V1r_L(u t ran er: E`l�1ds initially allocated for residential development may be transferred to . pp rt cam rcial development. Commercial MERUs may support either commercial or resi n e elopment, provided that commercial MERUs shall not be transferred to pp ential development exceeding the cap of 2,250 dwelling units. 3.807 A cat on Not PropeM S ecific• Limitations: MERUs are not assigned to speci I ro rtI ith the following limitations: De to ed properties, platted properties, properties with approved preliminary plats, and rop rt' s with issued or vested building permits shall have, maintain and carry forward Page 18 of 26 435974 Page; 99 of 541 08/04/2000 11:40A Jeffereon County, WA POPE RESOURCES RESO 590.00 ORDINANCE NO. 08-I004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort the MERU allocation associated with the use, plat, preliminary plat, or building permit for as long as the use or plat exists or the preliminary plat or building permit maintains its active status. 2. The Village Commercial Center zone shall have an initial allocation of 55 new MERUs- 3. The Resort Complex/Community Facilities zone shall have an initial al o tion of 3 new MERUs on the resort property. 4. The Recreation Area zone (golf course pro shop and golf support f ' itle s 1 have an initial allocation of 41 new MERUs. 5. All remaining MERUs and any MERUs that revert to unalloc a st us pur t to sections 3.803(7) or (8), are available for future residential o o c'al development, with no limitation, assignment or reservation. 6. This allocation of MERUs shall be updated by the Dep e o Co unity Development as set forth in section 3.802. SECTION 3.90 RESORT DEVELOPMENT This section describes the "Resort Plan" for faci Complex/Community Facilities zone, sets out a future resort development, and provides pro Resort Plan.. These provisions apply to the re owned property or on other property. Thes t proposed solely by and for the LMC, SB C r Section 3.901 Resort Plan: The RC/CF zone shall be limited and shall include no uses except thos section 3.905). Chant�thisof the effective date o1. Gross square f2. Hotel Guest�E3. Restaurants — in the Resort luir ental review process for any for revienvr ewing major or minor revisions to the d associated development whether on resort io do not apply to any future development o er community association. ! fof ture development of properties in the MPR- t Geed the scope of development set forth below and fortb ow, unless a major revision is approved (see rt Pla.4 that decrease the sizes noted below are allowed. As esort Plan shall be as set forth herein. velopment: 498,300. 275 t: 59,000 One 0 se yeaY round restaurant O s s asonal restaurant (near marina) 1 o i I es hotel lobby and registration area, p e , itchens, offices and storage rooms. 4. Lo a round, 125 seats, square feet: 5,000 5. et ' square feet: 2,500 P1 associated storage square feet: 1,400 6. on re ce Center, associated with and physically part of Hotel buildings, square feet: 22,00 Plus support areas and storage square feet 8,000 Page 19 of 26 0 435974 Pa9s: 90 of 841 Jefferson County, WA ROPE RESOURCES 08/0412000 11.40A RE60 596.00 ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort 7. Indoor tennis courts, square feet: 26,000 8. Indoor sports and pool complex, square feet: 13,500 9. Structured/underground parking, square feet: 119,000 10. Museum or Interpretive Center, square feet: 7,500 11, Support Buildings, square feet: 12,000 (Maintenance, Warehousing, Housekeeping) 12. Youth Center, square feet: 4,000 13. Marina expansion, slips: 100 slips. 14. Amphitheater. 15, Yacht Club. 16. Four detached single family residences and one five -unit that these structures are not included in or limited by the development for the Resort Plan noted in 3.901(1) 17. All existing townhomes, provided that these stru u5 the gross square feet of development for the Res rt Plan Building heights and impervious surface limits shall apply parking in addition to the structured or undergr arkir Miscellaneous support areas including laundry fact ' ie r. included, but shall not increase the gross square ag fo minor revision process may be used to permit �sfa 'tt square footage. 0 n 2 4 13,902 Permit Process for Re A project level Supplemental resort plan is required r t development. En4aqohari nt I broken into small s. Impact Statementa Noticeof applicw provided inauded in or limited by in 3.901(1). in section 3.40. Surface noted above may be provided. administrative offices may be he resort complex, except that the with up to a 5% increase in gross eh'tal Impact Statement (SEIS) analyzing the :e of building permits for any new resort of the Resort Plan shall not be piecemealed or ,licant may choose to develop a new Environmental ement. tal review of the Resort Plan shall be provided to all persons on the P6Tr1,ud1oNw MPR Roster established by the Department pursuant to section 1.60, s we y other persons or agencies entitled to notice pursuant to the County's Pr c dur rdinance. Actual build' g t plans or construction drawings are not required during the SEIS proces . Ar 1 al drawings including a detailed site plan, and architectural sketches or d ngs o ing approximate elevations, sections, and floor plans are required, ho1w r, ensure that the SEIS considers project -level details. e epa ent of Community Development may impose mitigating conditions or issue a de 'a of some or all of the Resort Plan based on the environmental review and using th provided pursuant to the State Environmental Policy Act, RCW 43.21 C. A Page 20 of 26 435974 Pass: 91 of 541 111111111111111111111111111111111111111111111111111111 08/04/2000 11:40A Jefferson County, A POPE RESOURCES RESO 598.00 ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort report detailing any such conditions or denials shall be issued within 30 days of issuance of the Final SEIS, and prior to issuance of any Resort Plan building permits. This report and the conditions, approvals or denials contained therein shall be treated as an administrative decision of the Department under the County's Procedures Ordinance (Type A decision) and shall be appealable to the county hearing exa>ni 5. Following completion of the SEIS and the Department report on the Re Plan, building permits may be issued, following appropriate plan review for a is analyzed in the SEIS. If the Department report is appealed, no permits sh is til the administrative appeal is resolved. 6. Actual resort development may be undertaken in phases, but nl fol rig completion of review and approval of a full resort buildout plan thrtuelEl rocess. A phasing schedule may be proposed as part of the envirovi r may be developed at a later date.. 7. In conjunction with the environmental revieVThis ment shall calculate the total MERUs needed to support the Resort Pulation shall also establish the Net New MERUs needed for resort develop et New MERUs shall be transferred from those initially allocated puron 3.805 to new residential development on the resort property, FW,,shall be removed from the count of available MERUs for as long as the resort use otjtsdevelopment rights exist. Section 3.903 Requirement to vacate or*jthd-rav�S istina or vested residential development rights. Concurrent wi is u Of y permit for new resort development, any existing, pending, or vested develoi rig t o projects or parts or phases of projects that: I ) have not been developed, and 2) are located in the RCICF o 3) are not included in e d c 'be R sort Plan shall be withdrawn, vac t rw. a ermanently released. For any subdivision that has been approved and re c r t ly partially developed, a plat alteration shall be applied for and processed as se in tate and in applicable county ordinances. Nothing in this ordinance is intend d f t t process or the specific outcome of any application for such a plat alteration. 1. Detaile elgvirg1amental review for future resort development shall be required pursuant to 031 and the State Environmental Policy Act (SEPA) Rules of WAC roject level Supplement to the Port Ludlow Development Program EIS in ed ril 1993) shall be prepared, or a new stand-alone EIS may be prepared. Prior o in' g the scope of the document, a public scoping hearing shall be held. 2. Th scope of the SEIS or EIS shall include, but not be limited to, the following elements: Earth, including grading, erosion control, and dredging; Page 21 of 26 435974 Papa: 92 of 641 08/04/2000 11:40fi Jaffar�on County, A POPE RESOURCES RESO 598.00 ORDINANCE NO.08.1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort b. Water, including runoff and water quality issues, including those associated with marina expansion, and public water supply; c. Plants and Animals, including impacts on fish and wildlife migration and threatened or endangered species; d. Land and Shoreline Use, including relationship to existing land use 1 s and estimated population, housing, light and glare, aesthetics, noise 'th s ect to potential amphitheater uses, recreation, and historic and cultura se at n; e. Transportation, including trip generation, traffic congestio tra 1 syste s vehicle and pedestrian hazards, parking and spill -over p f. Public services and utilities, including water, storm water, e d fire (as may be related to building heights in excess of 35'). 3. The Land Use element of the document (see 2D above) sh lI pro 'd i ation about expected occupancy rates, size of conferences (expe a n ) any possibilities for expanded conference center use of resort facilities as the ' or tennis courts, as well as possible conference center use of other o munit fa ilities or privately owned properties. 4. The Utility element (see 2F above) shall review in atlo on all affected utility systems, including sewer and water syst monitoring. The effectiveness of such monitoring shall be evaluated. Suppleme o changes to the monitoring and reporting systems shall be considered if necessary n7es t water quality and water supply are adequately protected and impacts rrces minimized. 5. This preliminary scope is base th ort Plan. Use of the term "including" shall mean "including o li Other elements, issues, and specific levels of detail may be ' ulkdbased on information available at the time the Resort Plan development app 1 'o 'submitted. EIements noted above may be combined in the EIS a sis to ed duplication and narrow the focus on potentially significant adverse in ch . Any proposed require a Com outside the sc 3.907. The/C requi 2. The with, "PR boundary or zone changes within the MPR shall Plan amendment and related zoning action. Such changes are 'vision processes described below and in sections 3.906 and approve an amendment to the Comprehensive Plan only if all 1h Management Act (RCW 36.70A) are fulfilled hall- aecept building permits only for projects included in and consistent ]an. A revision to the existing Resort Plan shall be submitted to the ► oval prior to the acceptance of any proposal that is inconsistent with the set forth in this ordinance. Upon approval of a revision, all subsequent proposals shall be consistent with the revised Resort Plan and development Page 22 of 26 435974 Page: 08 of 541 06/0412000 11:40A Jefferson County, WA 000E RESOURCES RESO 598.00 ORDINANCE NO. 08-1004-99 repealing the interim development controls of ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort 3. Proposed revisions to the Resort Plan shall be submitted to the Department of Community Development and the DCD Director will determine whether the proposal constitutes a major or minor revision. Upon making a determination, the proposed revision shall follow the appropriate process for plan revisions as outlined in Sections 3.906 or 3.907. Section 3.906 Major Revisions: Revisions to the Resort Plan that will r change to the resort including: changes in use, increase in the intensity o scale, or density of development; or changes which may have a substan�] environment beyond those reviewed in previous environmental c major revisions and will require application for a revised Resort I . Application for a Major Revision to the Resort Plan. An application shall be prepared describing the propose approved Resort Plan and providing a fran the revised development activity proposed. include the following information: a. A description of how the revised Ro set forth in the ComprehensiveAar to be r6visinin relation to the lysis and mitigation of revision proposal shall further the goals and policies b. A description of how the Reso I revision complements the existing resort facilities of the MPR. C. A description of the design io features of the Resort Plan revision, setting out how the re}r.sion r vIi es r unified development, integrated site design and protection I ities. d. A listing of proposed ad ' 'o uses and/or proposed changes to density and intensity of uses wi i e e , and a discussion of how these changes meet the needs of resi ents f he P and patrons of the resort. e. A descript' ly 's f the environmental impacts associated with the propose r v' I iu ing an analysis of the cumulative impacts of both the propo vi ' n e approved Resort Plan, and their effects on surrounding prop i r blic facilities. f. Ades ti of w the proposed Resort Plan revision is integrated with the ove P an any features, such as connections to trail systems, natural sy t r reenbelts, that have been established to retain and enhance the c ar cter of the resort and the overall MPR. g. description of the intended phasing of development projects. h. a drawings, illustrations, or other materials necessary to assist in un standing and visualizing the design and use of the completed proposed elopment, its facilities and services, and the protection of critical areas. calculation of estimated new demands on capital facilities and services and their relationship to the existing resort and MPR demands, including but not Page 23 of 26 435974 Page; 94 of 541 eete412000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort limited to: transportation, water, sewer and storm water facilities; and a demonstration that sufficient facilities and services to support the development are available or will be available at the time development permits are applied for. 2. Major Revision Process Major Revisions shall be processed as a hearing examiner decision (Type th a required public hearing prior to the decision. Public notice of the app ' t e written decision, and appeal opportunities shall be provided to all persons o e Lu ow MPR Roster (see section 1.60) and such other persons or agencie q . ed b e County Procedures Ordinance. Any proposed major revision i I ing c ang to the boundaries of the RC/CF zone shall require a Comprehensive Pl a ent (a Type C county commissioners decision) prior to any decision on so endment. 3. Decision Criteria: The hearing examiner may approve a a or re i ion to the Resort Plan only if all the following criteria are met: a. The proposed revision would further the s and 11c1es set forth in the Comprehensive Plan. b. No unmitigated significant adverse envir t I pacts would be created by the proposed revision. C. The revision is consistent with a a licable development regulations, including those established for critical areas. d. On -site and off -site infrastruct cl in but not limited to water, sewer, storm water and transportatio f lie mpacts have been fully considered and mitigated. O e. The proposed revision co 1 e e existing resort facilities, meets the needs of residents and patro d ov' es for unified development, integrated site design, and protectio na I amenities. Section 3.907 Minor Rev' i n 1. Minor Revisions h ou cognizes that the Resort Plan may require minor changes to fac' it'e s is in response to changing conditions or market demand and that some re of ility for the resort is needed. Minor revisions are those that do not result in a st tial change to the intent or purpose of the Resort Plan in effect and which: /� a. l: ¢l%eroelre than a five percent (5%) increase in the overall gross square t Resort Plan. o�ave a significantly greater impact on the environment and/or facilities h addressed in the development plan. not alter the boundaries of the approved plan. z of propose new uses or uses that modify the recreational nature and intent of Resort. Page 24 of 26 435974 Pass: 95 of 541 08/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599-00 ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort 2. Minor Revision Process: Applications for minor revisions shall be submitted to, and reviewed by the Jefferson County Department of Community Development to determine if the revisions are consistent with the existing Resort Plan and Resort Plan SEIS, the Jefferson County Comprehensive Plan and other pertinent documents. Those proposals tha atisfy the above -referenced criteria shall be deemed a minor plan revision and may e administratively approved (as a Type A decision under the county's e s Ordinance) by the Director of the Department of Community Devel Pu lic notice of the application, the written decision, and appeal oppo es hall e rovide to all persons on the Port Ludlow MPR Roster (see section 1. d s c oth persons or agencies as required by the County Procedures Ordinance. se r sions that do not comply with the provisions contained within this Sec o ha b de ed a major revision, subject to the provisions outlined in Section 3. 0 abo e. SECTION SEVERABIL Severability: If any section, subsection, or o er ortion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of c p ent jurisdiction, such section, subsection, or portion thereof shall be deemed a separate a n t is ordinance and such holding shall not affect the validity of the remaining portiono } inance. ION 5 PC ALER �On Repealer: Effective Ordinance No. 10 adoption, this Ordinance repeals and replaces SECTION 6 EFFECTIVE PERIOD Effective Per' d. Th' o inance shall become effective on the 4tn Page 25 of 26 day of October, 1999. 435974 Pao ; 66 of 541 08 /Jefferson County, WA POPE RESOURCES RESO416S9 00 9`40R ORDINANCE NO.08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development regulations for the Port Ludlow Planned Resort October, 1999. Ca=� oyX ,4 STO r Section 7 ADOPTION Adopted by the Jefferson County Board of Commissioners this 4th clay of I Lorna belaney, CMC Clerk of the Board APPROVED AS TO FORM: 00aj 0),/- �Q''' -D�V� t Prosecuting Attorney JEFFERSON C BOARD OF C( Page 26 of 26 PC �j�a��� 435974 t,r1V• Page: 97 of 541 Jefferson County, WR POPE RES0URCES RES04f598.001 40Q MEMORANDUM OF UNDERSTANDING REGARDING THE PROVISION OF SEWER SERVICE WITHIN THE BOUNDARIES OF THE PORT LUDLOW MASTER PLANNED RESORT WHEREAS Olympic Water and Sewer, Inc. (OWSI) is the owner and operafo"r of the sewer collection, conveyance and treatment facilities serving the Port Ludlow Master 1 ed Resort (MPR) defined in the Jefferson County Comprehensive Plan; and WHEREAS, the property lies in Jefferson County, Washington and i th has u�sdiction over the development of property within the Port Ludlow MPR; and WHEREAS, the County wishes to ensure that sewer service is p�b �aila�on an equitable basis within the MPR; and WHEREAS, the County has been engaged in a media Cass ro s involving the resort owners and other residents and property owners to resolve iss aci to with the future development of the MPR; and WHEREAS, OWSI believes that the sewers to within the Port Ludlow MPR has capacity to serve the population allocated and the level of e ment authorized in the Jefferson County Comprehensive Plan. NOW THEREFORE, in cons consideration, the parties enter into sewer service. OWSI will continue t( service for the benefit of custom( wastewater treatment facili t a Washington State Depart�� ,_!�above recitals and other good and valuable �i4 Memorandum of Understanding regarding t management practices to provide quality sewer MPR boundary and to operate and maintain its and in accordance with the requirement of the 1. OWSI 1 pro 'delver service only within the established boundary of the Maste a ort or in accordance with applicable provisions of the Washi ton mi istrative Code. 2. R st fo sewer service will be processed by OWSI on a first come, first se e b si , limited only by the capacity of the OSWI facilities and the bl ermits and approvals issued to OWSI. At e of connection or connections, a property owner within the MPR seeking s er service shall pay the then -prevailing connection fee in accordance with the SI fee schedule. Any sewer connection must comply with the conditions of the NPDES permit issued to OWSI by the State Department of Ecology. 435974 Pass: 98 of 541 08/04/2200 11:40A Jefferson County, A POPE RESOURCES RESO 598.00 5. Any extension of sewer facilities, conveyance lines or other requirements to bring service to a property within the MPR shall be at the expense of the property owner and in accordance with the conditions of the OWSI Sewer Extension Agreement, which agreement must be executed prior to service being extended. 6. Sewer service to properties within the MPR shall not be denied so long as capacity exists and the terms and conditions of paragraphs 1 th6gh 5 above are met. \\ \\ This memorandum of understanding is binding between the parties, succ rs s' s, for a term of (20) years. , ! �� pp AGREED TO THIS `'t DAY OF OCT OBER, 1999. OLYMPIC WATER AND,", I B5 PSF. - JEFFERSON C -DE-f0-T APPENDIX "B" STATE OF WASHINGTON County of Jefferson IN THE MATTER OF A RESOLUTION ) ADOPTING the Jefferson County Growth } Resolution No. 72-98 Management Act Comprehensive Plan, all attachments and findings of fact WHEREAS, the Growth Management Act, Chapter 36.70A RC e' after t GMA) requires Jefferson County (hereinafter the County) to adopt a c m ehe s ve 1 d use plan to accordance with the GivtA, including all attachments op ndings of fact; and / \ WHEREAS, the Jefferson County Board of Con of the Jefferson County Comprehensive Land U the public health, safety and welfare, and compl� NOW, THEREFORE, BE IT RESOL County Commissioners: Section 1. The June, 1979, J hereby repealed. r Section 2. The 1998 Corn hereto and incomorateWe AS FO 0 Csst ne�a��termined that adoption lan is n the public interest, protects with rowth Management Act; by the Board of Jefferson Comprehensive Land Use Plan is an as shown in exhibit "A", attached mce is hereby adopted pursuant to the Grow h tifanagement t, C a ter 36.70A. Section 3. mehensive Land Use Plan shall govern all planning in Jefferson ty. e y conflicts may arise between the 1998 Compre e se Plan and existing County rules, regulations, policy or ordinance ,�h 99 omprehensive Plan shall prevail. Secti n rder to provide continuity in implementation of the Comprehensive Plan, Lh Co , hereby incorporates by reference the Interim Controls passed on s �8 98, which shall be used to implement the Comprehensive Plan as ado e this ordinance until such time as the County adopts final development r ulati s. The Comprehensive Plan as adopted by this ordinance shall govern i e event inconsistencies occur between the Plan and existing or interim eve opment regulations. ection 5. If any provision of this Ordinance or its application to any person or circumstances is held invalid, the remainder of this Ordinance or the application of the provisons to other person or circumstances shall not be affected. 435974 page: 99 of 541 09104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 595.00 435974 PaGO: 100 of 541 Jaffermn County, WA POPE RESOURCES RESO412000 598.091`40ii The effective date of this Resolution shall be August 28, 1998. PASSED this day of 0 1998 SEAL: JEFFERSON C BOARD OF CQ 2 435974 Page: 101 of 541 08/0412000 11:40R Jefferson County, WA POPE RESOURCES RESO 809.00 STATE OF WASHINGTON COUNTY OF JEFFERSON COUNTY Findings of Fact in support of the .Jefferson County Comprehensive Plan adopted August 28, 1998. In support of adopting the Jefferson County Comprehensive Plan, the Land Use I and the Elements contained therein, the Jefferson County Board of County Commis ' ere tern the following Findings of fact: I . Pursuant to RCW 36.70A.010: "The State Legislature Finds that u or ' at dad nplanned growth, together with a lack of common goals expressing the pu ic' 'nt e it in the conservation and the wise use of our lands, pose a threat to th it m I. sustainable economic development, and the health, safety and high qua it Ii en' a by residents of this state. It is in the public interest that citizens, communi ie , local overt ents, and the private sector cooperate and coordinate with one a in o e nsive land use planning." 2. The Washington State Legislature adopted the as ngton St to Growth Management Act of 1990 and amendments thereto, Chapter 36.70A. R W, e 'Act"), requiring selected counties and cities to prepare comprehe 've plans consistent with the provisions of the Act. 3. The Growth Management Act, Chapter 36. W (hereinafter the "GMA" or the "Act') requires Jefferson County (hereinafter" a ou to adopt a comprehensive land use plan which will accommodate the next 20 r f p ulation growth in a manner consistent with the requirements of the GMA a wh III f ilitate the orderly and coordinated growth and development of the County. 4. As required under the Act (C a r 3 .210 RCW), and to ensure coordination and consistency between the co p ehen i e plans of Jefferson County and the City of Port Townsend, the Cou ic' at in he preparation and adoption of the County -wide Planning Policy f f so C (City Resolution No_ 92-1 12 and County Resolution No. 128-92, both. ted ec b 21, 1992). 5. Throughout th Co nty' la ning process, the County -wide Planning Policy for Jefferson County has beehUSN as a policy guide for the development of the Jefferson County Comprehen ' e n. 6. Jefferson o ty pted an Interim Critical Areas Ordinance (Ordinance No. 05-0509-94 on May 9 9 an a ended by Ordinance No. 14-0626-95. adopted on June 26. 1995, an Inte I g ' ultural Lands Ordinance (Ordinance No.08-0525-95. adopted on May 25, 19 ) an terim Mineral Lands Ordinance (Ordinance No. 09-0525-95, adopted on ivlav '15. 9 that are in compliance with the GytA requirements contained in RCW 36.70A.060, R V , 7 A.170, and the Minimum Guidelines (Chapter 365-190 WAC). Jeff s n County adopted an emergency ordinance establishing interim land use controls, the to ' rowth Strategies Ordinance, Ordinance No. 05-0214-96, on February 14. 1996 to 3ro a development regulations to prevent uncontrolled growth until adoption of the 435974 Pao.: 102 of 641 00104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 508.00 Comprehensive Plan and approval of final development regulations under the mandate of the Growth Management Act. 8, Jefferson County has also adopted an Interim Forest Lands Ordinance (Ordinance No. 01- 01 ? 1-97, adopted January 21, 1997) which is based on a Memorandum of Understanding (MOU) dated December 4. 1 996entered into and between a number of parties interested in ensuring the protection of Jefferson County's forest lands of long-term significance. 9. The Act, under RC W 36.70A.140, stipulates that jurisdictions planning under r vi ions of GWA shall establish and broadly disseminate to the public a public participation ram identifying procedures providing for early and continuous public participatio m t deve en€ and amendment of comprehensive land use plans and development regulati n im le ent' such plans. 10. Jefferson County embarked upon a public involvement process t a ce s e r uirements of the Act, including: the development of a questionnaire ("Jefferso 2 00" th t sou ht residents' opinions about the community's future; the establ' nt f citizen task forces who helped craft interim ordinances an a lish o d policies; tnity he adoption by the Board of County Commissioners of the o muni nning Process which established community planning groups who developed o unity la s that articulated their community's goals and vision; the production and dissemi do a informative video ("It's Your Plan"), and the release of a Discussion Dra Comprehe an ("Draft Plan") on February 24, 1997. 1 1. On February 24, 1997 Jefferson County issu ft vironmental Impact Statement for the Plan pursuant to WAC 365-195. A public a 'ng t Draft Plan was held on April 2, 1997, and a public comment period was tnaint i �til ay 15, 1997. 12. The Draft Plan was reviewed by the Je er n my Planning Commission for a period of ten (10) months between April 1997 a br , 1998, according to a schedule of meetings with assigned topics. During this tim ergo a tanning Commission held thirty-three(33) public meetings, three (3) pub ' wor s s, n regional meetings throughout the County. During this period about 75 ins a en a meetings of which approximately 3 50 provided testimony. 13. Regional public mee a t owed public testimonv were held on the following dates: • Oc be st th ommission held a public meeting at the Queets/Clearwater Sch t West End. • udlo ctobe I_5 a public meeting was held at the Port Ludlow Bay Club in Port • e b r 5th a public meeting was held at the Tri-Area Community Center • er 19th a public meeting was held at the Gardiner Community ter • cember 3rd a public meeting was held at the Quilcene Community Center 14. In t it eli 'nary discussion of Rural Centers and Rural Crossroads, the Planning tbffimissio c nsidered whether single lot commercial areas constituted spot zoning, intill c ac' of o mercial areas, floodplain constraints, level ofservice differences between centers and ssro s, existing uses, and grandfathering. Preliminary boundaries for Brinnon, Quilcene 435974 PAIN; 103 of 541 Jefferson County, A POPE RESOURCES RESO4/2000 598,001`40A Rural Village Centers and Port Ludlow Commercial Village Center were adopted on July 23rd based on the Commission's findings that boundaries must: • allow for intill based on ESB 6094 criteria. • avoid irregular boundaries. • provide local levels of service. • consider topography, • manage floodplains. • avoid traffic congestion. • consider the water situation in Quilcene and a proposed r s em, • protect critical areas, • avoid spot zoning, and • establish a table of allowed uses. C) 15. Preliminary boundaries, based on the above findings, were ' f Chimacum, Four Corners, Discovery Bay and Nordland at the Planning Commis i ee 'ng ly 30'h. Also at this meeting the Planning Commission discussed the criteria re at d to h proposed crossroads at Wawa Point and Black Point. 16. On August 6th the Planning Commission deci a they -, u accept public comment at all meetings as opposed to the workshops on June 4th a d ly 2 nd 16th where public comment had not been taken. 17. On August 6th, based on a recommend a 'on om the Port Ludlow Planning Committee and the projected 20-year population allocation, t P ning Commission voted unanimously to decrease the proposed density for the sout rn p t the Master Planned Resort to 1:20. 18. On August 13th staff made a re entkoPianning Commission concerning population distribution, retail square footage an ly ' ds,co pared to the projected population, ESB 6094 criteria, integration of community n , C my -wide Planning Policies, transportation factors, and. levels of service for Rural oads. 19. At the meeting W, a Planning Commission discussed Black Point as a possible crossroad. T e mission found that Black Point was not an area of more intense devefopme a-d in1990, did not contain a convenience grocery, which was a requirement for ro de1*1, on in the Draft Plan, and had topographic .constraints of a steep slope. A res ti regg Black Point was not reached at this meeting. 20. Also on gus l3th,/the Planning Commission established boundaries for Mats Mats, Beaver Valle ar ' e and the West End: • Nlats. la T e Planning Commission adopted a boundary based on the existence of the n1 ce ocery and additional lots to accommodate intill and avoid spot zoning. • er Iley: The Planning Commission found that the crossroads commercial area was n t w•a ted based on the single lot use and the ability of the grocery/gas station to nt' tie as a grand fathered (non -conforming) use. • ar er: The Planning Commission proposed and adopted a boundary for a crossroads I cation not included in the Draft Plan, based on the recognition of Gardiner as an istoric community and the fact that a convenience grocery had been at that location in the recent past. 3 435974 Pap•: 104 of 541 Jefferson County, WA POPE RESOURCES RESO4l2000 628. 01.40A West End: The Planning Commission found a lack of a crossroads location in the West End and discussed whether cottage industries and tourist related uses could meet the needs of this area. 21. The Port of Port Townsend made a presentation on the Jefferson County Airport at the Planning Commission meeting of August 20. 1997, presenting justification for industrial development at the on and at Port property in Quilcene. The Planning Commissi reviewed and adopted staff recommendations for policies restricting industrial use at th a' port, in consideration of the protection of aquifer rechar-e areas and pending completio f th i-Area stud,. ` 22. Having completed an initial review of all the elements by Aug us it P n ing Commission began to review the goals and policies of each element in urn. At i s eeting on August 27. 1997 the Planning Commission discussed proposed goals and lice drafted by a subcommittee for the Land Use and Rural Elements. 23, At the September 3rd meeting, the Planning Commission he ie d a ter store area against the criteria for designating rural commercial crossr ad d re that designation criteria be formulated by staff into policies that could be r v'ewed b e Planning Commission. 24. Goals and Policies for the referenced elements wer di d t the following Planning Commission meetings: • September loth, Transpo Policies; • September 17th, Natural P • September 24th, Open SpE • October 22nd, Hist 'c PrE • October 29th, Hous' • November I2th, Econo k Utilities and Capital Facilities Goals and tcecreatton; Environment; ent; • November 25th, U A nd xation; and on • January 14, I998 E sent' I ublic Facilities Goals and Policies 25. In attempts to fort r r in c rcial boundaries, on October 8th, the Planning Commission began to re ie n in rate ESB 6094 into criteria for rural commercial boundaries. The Plan 'n om sio eviewed policies establishing logical outer boundaries and established a defini io f c m vial crossroads. 26. On December 10t n' g Commission reviewed goals and policies regarding: • e r esi ting uses, based on staff research, memos from the Prosecuting A orne ' Office and public comment • ma c e recreational and tourist related uses based on criteria established 6094, • o e-based business and cottage industry, based on public comment and in rmation researched and provided by staff evisions to the Quimper peninsula land use map based on the need for low density development adjacent to UGA's, reduced densities on public forestland parcels, critical area constraints, and public comment. 27• At eeting on December 17th, the Planning Commission approved staff revisions to the crossroad criteria which eliminated the convenience store as a requirement but retained it as 435974 Page! 105 of 541 08/04l2000 11;40A Jefferson County, WA POPE RESOURCES RESO 598.e0 descriptive of the level of service of a crossroad and defined a -'concentrated cluster" as "five'br more pre-1990 separate businesses and/or related structures," of which "at least three of the legally existing main commercial buildings shall each house a separate business meeting the rural crossroads Icvel of service standard and uses." The change would eliminate the one lot/single use crossroads and some uses would become non -conforming within a crossroads. The Planning Commission also revisited other commercial areas and took the following action: • Brinnon: reconfirmed the boundary and proposed a strategy to be incl a in the Plan to investigate establishing an additional area for commercial developmen tside of the tloodplain. • Four Corners: delete the intersection as a Rural Crossroads b n fa t that the businesses, other than the convenience grocery, were industrial in a did serve the immediate, local neighborhood population and could be permi a ondt io ally utside of a commercial zone. • Discovery Bay: reconfirmed the boundary based on ncern ou traffic accidents, construction in a floodplain, and protection of critical area . • Nordland: delete the crossroads location, based on ' ng n o t d business on one lot. 28. On January 3, 1998, the Planning Commission b sed on a Ith Department information on a proposed community water system, voted unani o ly to c nfirm the restrictive boundary previously delineated for Quilcene noting that the co m - n ded to resolve the water issue. 29. At their January 3rd meeting, the Plan 'ng ommission: • Found that boundaries pr os by staff for new crossroads at Ness' Corner and Irondale Corner a on the establishment of a logical outer boundary utilizingcr t es li ed in ESB 6094. • Reconfirmed ffiq bo >f the Chimacum crossroad based on levels of service, uses t tt ed t e level of service, and the protection of critical areas. 30. On January 3rd, the Plan i g C changed the crossroads criteria from "separate businesses" to "separate�ddin s.' �ission ange was meant to preclude a cluster definition of one building housing five t ss term ining a crossroad location. 31. Also on Janu 3 d t Pia ng Commission found that as crossroads Wawa Point, Beaver Valley and Gardilner i n m the adopted criteria and should be deleted. 32. At the mee ' on an ary 3`d, the Planning Commission found that the West End lacked commercial f ci ' ' t se a the rural population, and voted to allow tourist related uses to also serve the nee s f the I cal population. The Planning Commission continued its review of revised goals and of ie v rding UGA and Annexation, band Use, Rural. Economic Development, Housin Na ra esottrces. Environment, Open Space, parks and Recreation and Historic Prese a ido�le nts_ n ua y 7, 1998 the Planning Commission revisited iMats Mats as a crossroad location and rea rm d its previously delineated boundaries. The Planning Commission then continued its review of nevi a goals and policies for the Transportation, Utilities, and Capital Facilities Elements. 3*--Gn January 14. 1998 the Planning Commission reviewed goals and policies for tite Essential Public Facilities Element based on RCW 36.70A.200 and continued reviewing policies for the 435974 Pape: 10E of 541 09/0412000 11:40A Jefferson County. WA POPE RESOURCES RESO 599.09 Natural Resources Element. The Planning Commission found that a public request for a reduced density in some areas of the Quimper Peninsula was consistent with the established criteria for density designations in policy 4.3 of the Land Use Element, and asked staff to research and verify this conclusion. 33. Also on January IT4, the Planning Commission: • Discussed a proposal from Pope Resources to change the design tion of the southern portion of Port Ludlow from 1:20 to 4:1. The Planning o mission voted to affirm the existing 1:20 designation, noting that the rop a to shift densities needed to be considered as part of an entire an a th t the Planning Commission needed more detail to propose such i . • Affirmed their earlier decision to stop the commercial a n ort d ow short of Ludlow Creek in accord with the Port L Pla n ng oups desire to have a greenway or "reserve" along the creek. • Affirmed its designation of the Port Ludlow c mmer 'a re as a Rural Center (Village Business District) based on the a t tha P rt L ow's status ought to be guided by the goals and polic' est It e o Rural Centers. • Found that requests for elimination o ih rest d signation on parcels owned by Green Crow were unwary nt d prior he review and updating of the Interim Forest Lands Ordinance. • Found that additional policies were n de n stigating the feasibility of establishing small-scale marl a trades i ene or Lower Hadlock and considering residential clu ert and the promotion of open space. A majority of the Planning Corn ' si failed to act on a policy that proposed to allow lot averaging. 36. On January 31st, 1998 the Planny' C t i eviewed the proposed Land Use Map, including proposed changes to densities�iri Q e Planning Area, and voted to approve the Land Use Map based on previously adopte oa cies, and definitions and to forward it to the Board of County Commissioners the P nning Commission's recommendation. The Commission decided minority reports u d ubmitted to the Board at the workshop on February 1 Oth, 1998 after review by the Pta�rinin i ion as a whole. 37. The Planning Commi si i its recommended Plan to the Jefferson County Board of County Commissioners, br ry 8 and released it to the public for review and comment. 38. On February 10th, tfiiPlann Commission approved three minority reports on light manufacturing, Rur oss a and parcel averaging for submission to the Board of County Commissioners, 39. The Jeff son o oard of Commissioners held eight (8) public hearings, thirty (30) workshops to t Field trips, one to the Glen Cove area and one touring Rural Centers and Cros ad du ' a it evie%v of the Plan from February 2, 1998 to August 28, 1998. During the peri Fr ru 27, 1997 to August 28, 1998, the County received approximately 400 letters o o en on the Comprehensive Plan. The County has made good faith efforts to ac owled t e receipt of all letters. 40. Iased-,66n extensive public comment received by the BOCC, a presentation on 1997 GLViA amendments through ESB 6094 by members of the Land Use Study Commission, and minority M 435974 Page: 107 of 541 08/0412000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 reports from Planning Commission members. the BOCC directed staff to revise the Planning Commission's recommended criteria for commercial and industrial lands to be based on the criteria of the Growth Management Act as revised through ESB 6094. and local circumstances, f he BOCC also directed staff to: • Add, delete or reword goals, policies and/or strategies contained within the following Plan elements: Land Use/Rural, Natural Resources. Urban Growth Area/Annexation. Housing. Open Space, Parks and Recreati n, and Historic Preservation, Transportation. Utilities. Capital Facil' ie , Economic Development. Environment, and Essential Public Facilities. • Revise the Introduction and Implementation chapte in e a Vision Statement, and add terms to the Glossary. • Alter the designation of the Port Ludlow Reso nit y t Master Planned Resort, and the commercial area to Villa a mm r ial nter. • Alter residential densities in several areas of the Co ty. • Designate the boundaries of the follow*n ve a s ithin the Glen Cove/TriArea Study Area as interim, p n ing o ple ' a of the Glen Cove/TriArea Special Study and r in o undaries: Glen Cove light industrial/commercial area, Come tmacum, SR 19/20, Port Hadlock, Ness' Corner, and Iron a e Corn 41. Based on the revisions to commercial criteria, the OBE dir cted the staff to revise the Plan for commercial areas to: • Alter the proposed co a ial boundaries to enlarge the Rural Village Centers of Quilcene and in n, and the relocate the boundary of the Village Commercial en rt Ludlow to the original proposed boundary along Port u ek. • Alter the prod I CC road boundaries of Chimacum, Discovery Bay, Ness'Com n le orner, and Mats Mats, reinstate crossroads at Nordland, Beav Ile awa Point, and Four Corners, and add two new Rural Crossr a t a ~ ' er and SR 19/20. • )L odestly e. p d th ural Village Center for Quilcene and Brinnon; • Ad R ou sed Industrial zones; and • y al e,m' or o ' tcations to the goals and policies. 42. Based on the Vigtion s�ial land criteria, the BOCC directed staff to: . + Designateght Industrial area. • Chancre tf three (3) existing Heavy Industrial areas to Forest Resource Based recognize existing forest resource based activities at Gardiner, Cente , nd 1 t West End (Allen Logging). • After he ori ownsend Paper Mill Heavy Industrial zone to include the entire mill ions were released on May 15, 1998 as the'"Jefferson County Comprehensive visions to the Planning Commission's Recommendations." 44� Obi , Iay 27, 1998, the Platning Commission held a public hearin; on the BOCC changes to e Fe uary 2, 1998 Planning Commission Recommendations. and submitted recommendations to the BOCC based on Planning Commission discussion and public testimony at the hearing. 7 435974 JPao: 109 of 541 �ff�r�on County, WA POPE RESOURCES 0tt/04/2000 11.40A RESO 599.00 45. On NIa, 27. 1998 Jefferson County issued a Final Environmental Impact Statement,9111,1be Jefferson County Comprehensive Plan pursuant to WAC 365-195-610, The FEIS was ado p by the SLP,\ Administratoron August 17, 1998. 46. On June 15, 1998, the Jefferson County Board of Commissioners held a public hearing on the BOCC's ,1lav I 5, 1998 revisions to the Plan. 47. Based on staff recommendations regarding the May 1. 1998 legal review by the Je erson Couno, Prosecuting Attorney of the Planning Commission's Recommended Plan (Fe u 2 1998). further public testimony. recommendations made by the Planning Com ssio , recommendations regarding consistency and legal defensibility made by a co an c and Hunter), and recommendations made by other government or quasi-gover en gent a (i.e. the City and Port of Port Townsend), the BOCC reviewed and discussed ecom ndat' ns in public workshops, and made to the following revisions to the Plan: • Deletion of the UGA/Annexation Element and relation of pe 'nen a icies, and strategies to other Plan Elements. • Addition, deletion, or rewording of goals, policies and/or st at �iesc ntained within the following Plan Elements: Land Use/Rural; Natur Res urc • Ho tng; Open Space, Parks and Recreation, and Historic Preservation nsport • n; Utilities; Capital Facilities; Economic Development; Environmen ; d Esse ti I Public Facilities. • Deletion of the UGA and Annexation elements. • Addition of terms to the Glossary. • Revision of the proposed commercial b n ries in two (2) Rural Village Centers (Port Hadlock and Quilcene.) • Amendment of the proposed Glen Cove ' ht du ial/Commercial interim boundary to include block 9 in its entirety. • Reclassification of Neighborho Cr s a s t eighborhood/Visitor Crossroads; • Redesignation of two (2) form sig eneral Crossroads to Neighborhood/Visitor Crossroads ou ers and Chimacum.) • Revision ofthe Land Use Ta e t res .ct ertain regional and community level of service uses to the crossroad i wh' h they currently exist, in order to prevent inappropriate land usn of er o r ads and to protect the unique character of the crossroads. • Revision of the Zones (RBIZ) ESB 6094 trig • Nlinor revision on clarificatii • Revision of rest • Revision propos d�IFZI o isions. e (3) designated Forest Resource Based Industrial , Center, and the West End based on the application of he ort Townsend Paper ikii1] Heavy Industrial zone boundary based th 1 property boundaries. n 'al land use densities in several areas of the County. d nsities within the Port Ludlow Master Planned Resort to indicate a nt agreement for a 200-acre area south of the golf course from I 10 acres to 4 units per acre, and a 400-acre area in the southern portion ned Resort from 1 dwelling unit per 20 acres to permanent open space IS Ity. ent of the overall Land Use Map to reflect the above -referenced mapping ni 4 Thy -fib C revisions were included in the Jefferson County Comprehensive Plan, Final Draft'on July 31. 1998 for public review and comment. 435974 Page; 109 of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 49. The BOCC held two (2) public hearings, on August 10, 1998 and August 24. 1998 on the Final Draft Comprehensive Plan of July 31. 1998. Based on public comment and testimony, the BOCC directed the staff on August 17, 1993 at a regular public meeting of the BOCC to change all commercial area designations and the Glen Cove and Port Townsend Paper Mill industrial boundaries to interim boundaries pending the completion of the Glen Cove/TriArea Special Study and revisiting of the boundaries. 50. On August 28, 1998 the BOCC held a public workshop to consider minor re is ns to the Plan. The staff was directed to make non -substantive changes to goals and po icie i the Land Use!Rural. Natural Resources, and Essential Public Facilities Elements, and reyi t Land Use Nlap for Port Ludlow piaster Planned Resort to: • Change the density for an area of single family tracts in the nort e he N as er unit per 5 acres to l d Planned Resort from I dwelling welling ni er .> acres. • Change the designation for a utilities property and a commer is op adjacent to the golf course to single family residential at 4 dwelling unit p ac • Add the Twin Islands in Ludlow Bay to the Land Use?, a and a igna as permanent Open Space. • Designate the golf course as recreational. • Add to the map a statement that the Master la ned Re is subject to a cap of 2250 residential units. 5 1. Adoption of interim development regula ' s concurrent with the adoption of the Comprehensive Plan will partially implement a als and policies and the Land Use Nlap of the Plan on an interim basis, pending adoption of fin de lopment regulations. The Interim Growth Strategies Ordinance (Ordinance 05-0214-9 , a to o February 14, 1996) will be repealed and replaced by a revised ordinance that is co si t wt the adopted Comprehensive Plan Land Use Map, designations, and land uses, wil e a as an Interim Controls Ordinance concurrent with the Comprehensive P n. P o o ed interim Controls that have been under review since May, 1998 by the BO t ublic will be reviewed and revised for adoption within 60 days of Plan adoption f l in g,a blic process and public hearing. Land Use Map 1. RCW 36.70A 7 la tha "the comprehensive plan of a county or city.that is required or chooses to p n der 36.70A.040 shall consist of a map or maps..." 2. RCW 36.70 u�stipulates that "...all elements shall be consistent with the future land use 3. The J and zonl 63n Cou Comprehensive Plan contains a Land Use Map that identifies land uses ou aries for all properties located within Jefferson County, and graphically details o for various land uses, thereby establishing the character, quality, and pattern kcal development throughout the County. d uses depicted on the land use map include: • Residential lands Parks, preserves and recreation Lands under federal control (i.e. Olympic National Park, military reservations) 435974 08I0412 00 11 A0A Jefferson County, WA POPE RESOURCES RESO 5W OO • Lands under tribal control (i.e. Hoh and Quinault tribal reservations) • Urban growth areas • Resource lands • Commercial and industrial lands • The master planned resort of Port Ludlow • Essential public facilities 5. Resource lands are identified and designated on the Land Use sblap according to established in each respective resource ordinance, pursuant to RC W 36.70A. M 6. Residential land uses and densities are designated on the Land Use Map n to developed by the County, which are contained within the Land Use/Rur I e of Comprehensive Plan. 9. Commercial and industrial land uses are designated on the land u map cc di to criteria developed by the County, which are contained within the Land s /Ru I tern of the Comprehensive Plan. 10. Areas designated as essential public facilities, which n ude th unty Waste Management facility and the Jefferson County International Airpo a e depict d n the Land Use Map. 11. Between February 24, 1997 and May 31, 1998 four drafts omprehensive Plan Land Use Nlap were released. 12. The first draft of the Comprehensive Plan La Us entitled entitled Jefferson County's Draft Comprehensive Land Use Nfop, was releas d n ru 24, 1997. 13. Between April 1997 and February 8 Jbi e son County Planning Commission deliberated the Draft Comprehensive n e revisions to the Draft Comprehensive Plan Land Use 1LIap. 1.1. Revisions to the Draft Co�Pj'ehe s e P a Land Use ,Vfap were incorporated in the the second draft of the land a e itle a Comprehensive Plan Land Use Vfap As Recommended By Jeff r n tanning Commission, released February 2, 1998. 15. The Jefferson Cou t r o unty Commissioners, over a period of three months, conducted public he rin, and rkshops, deliberated the Comprehensive Plan as recommended by the a rs County Planning Commission and made revisions to the land use map. 16. Revisions to th C�e ensive Lanct Use Nlap As Recommended By Jefferson Counry Planning o i`ssion4ere incorporated in the third draft of the land use map, entitled the Compre e s' n Lund Use jVfap: Jefferson Countv Board of County Commissioners nisi ns PIc ing Commission Recommendations, released May 15, 1998. 17. Be ee Ufa. 5, 1998 and July 31, 1998 the Jefferson County Board of County Comm' si ners made minor revisions to the land use map based on legal review provided by t Jeff rs n County Prosecuting Attorney's Office. These revisions were incorporated in the urt d Ft of the land use map, entitled the Comprehensive Plan Land Use ,Clap: Jefferson 10 435974 Page; 111 of 541 0810412000 11:40R Jefferson County, MR POPE RESOURCES RESO 598.00 Countv Bourcl of C'ounly Commissioners Revisions To Planning Comnti.ssion Rec'ommencfulion Final Draft Version, released July 31, 1998. 18. Revisions were made to the Following areas of the Land Use ivlap during review of the Jefferson County Comprehensive Plan: a). Commercial and industrial land uses, designations, and zoning boundaries were revised. b). Residential densities were revised in several areas of the County due to t following_: • ivlapping errors: • Updated data which caused residential parcels to no ]on, e t e designation criteria. • Proximity of residential parcels to resource areas. U Aso the.iV st r Planned Resort of Port Ludlow: • Review of parcels according to the criteria for de 'Una c). Land use designations were modified within the Port L d a ter la ned Resort boundary upon its designation as a Master Planned Re • A 200-acre parcel in the southe ortion o he MPR, south of the golf course was rezoned from a den i of 1:20 • A 400-acre area in the southern rt' o h MPR was rezoned from 1:20 to perpetual open space, with zero i • Areas previously desig at as mixed-use/commercial were changed • New land uses/zoning cla i t tions that are more consistent with the designation of Port Lu e signed, including "Resort Complex" and "Recreation Areas" • The commer are i n was changed from Rural Village Center, as designated ing Deft I , o Village Commercial Center. V Land Use/Rural Element O 1. RCW 36.70A. 0 ) n 5) ' entify Land Use and Rural as mandatory comprehensive plan elements. _ 2. Jefferson Co 's aftt mprehensive Plan, released on February 24, 1997, contained a Land Use t d Rural element, both of which contained goals, policies and strategies that addr sn uses in all areas of the County. 3. A to I mont eview of the Draft Comprehensive Plan by the Jefferson County Planning C is . n resulted in the revision, addition and/or deletion of some of the goals, policies or s to ies contained within the land use and rural elements. evi ' were made by the Planning Commission to commercial land designations and la ifications contained within the Land Use element. The Planning Commission released its ec mmendations to the BOCC for the comprehensive plan on February 2, 1998. 435974 Pao*: 112 of 541 09/04/2000 11:40A JrtTTaraon County, WA POPE RESOURCES RESO 599.00 5. The Planning Commission's Recommendations to the Comprehensive Plan were reviewed by the BOCC. who made further revisions to the goals, policies, strategies and commercial'land designations contained within the Land Use and Rural elements the following criteria: a. Criteria ror the recognition and designation of commercial areas: • 'fhe area is currently under commercial zoning. • The area existed as'a built environment on July 1, 1990 • The area provides basic necessities or multiple commercial services to t e ocal community and/or traveling public. b. Criteria for the classification of commercial areas based on a rural com is o service analysis in Jefferson County Rural Commercial Zones, Nladrona PI ptem e 1996, and provisions of ESB 6094 as codified in RCW 36.70A.070(5)(d) bgniz4n exis ' g uses and areas: • Convenience Crossroads: Single commercial property w' an . i g mmercial level of service that is Local, and may include services o the a elfin ublic. • Neighborhood/Visitor Crossroads: Multiple exis ' c m erc al uses serving a rural neighborhood at a local level of services with tm't d co u . uses, and serving the traveling public. • General Crossroads: Multiple existing com a cial use p oviding limited regional and multiple community levels of service in t e a/ len Cove Study Area. • Rural Village Centers: Historical rural communt tding all essential goods and day -today professional, public, an so ' l services at a community level of service. c. Criteria for establishing boundaries of • Criteria from RCW 36.70A.070i • Contain or control ruraldevi • Assure visual com ),6nding rural area; • Reduce the inappropriate;1,anv stonof undeveloped land into sprawling, low density development; • Protect critical area a d su a e and ground water resources; • Protect aoai st n 'cts a use of designated natural resource lands. Criteria fro 0 . 70(5)(d), the 1997 GMA amendments: • Logi al a bo da of an area or use existing in July, 1990; • Preve t he lo�� e ity sprawl; • C1ear 1 ntt ble and contained area of more intensive development; • De ' ea p inantly by the built environment; • a inc d undeveloped lands if limited: • P es6ryS,0 ratter of existing natural neighborhoods and communities; � Isse . all boundaries (bodies of water. streets, topography); rent abnormally irregular boundaries; e public facilities and public services so as to avoid low -density sprawl; Ming industrial areas are not required to principally serve existing and ected rural population. uant to RCW 36.70A.070(5)(a), the boundaries were also evaluated based on the swing local considerations that could affect boundaries or require the application of special conditions: 12 435974 Pail•: 113 of 541 J•ffarson County, WA POPE RESOURCES RESO4r590.001 40A • Regional transportation concerns. traffic volumes, access, and safety. • Proximity to incompatible uses. • Partial designation of large parcels that are not fully developed for existing uses, to prevent sprawl. • Home businesses/cottage industries should not be used to determine boundaries. • Provide employment opportunities for local residents, in particular in areas of insufficient economic growth or economic decline. • Support community planning goals and rural community cohesi • Provide for multi -family and special needs housing opportunities. • ,avoid creating new non -conforming uses. 6. The BOCC used the criteria in RCW 36.70A.070(5)(a), (c) and (d) t =a] ne Ial boundaries of industrial areas, and designated light industrial, light 1 us mercial, heavy industrial, and forest resource -based industrial zones based on the g iteria: • The existing zoning is industrial • The area existed as a built environment on Julv I , 199 • The area is not located on designated natural r our eta ds 7. In an effort to minimize redundancy between the L n Use an R ral elements, and to reduce the overall size of the Comprehensive Plan, the BOCC dire to a pl n inc, staff to merge the Land Use and Rural elements into a single Land Use/Rural Element. 8. The Land Use/Rural element contained wit�Jee*rson County's Comprehensive Plan: • Designates the proposed gen for agriculture, timber p odu spaces, public utilities • Includes population densi arovti-th. • Provides for the pro c ion he quality and quantity of ground water used for public water plie a d e sed in the Environment element. • Designates,4 an th are not designated for urban growth, agriculture, forest ressed in the Resource Lands element. or m utio.rf and general location and extent of uses ;i g, commerce, industry, recreation, open er appropriate land uses. intensities and estimates of future population 9. The Land Use ui�al� a nt 4 ntained within Jefferson County's Comprehensive Plan contains goals, poll i s a strategies that: • F t d rot ct rural character. • D s at a d contain commercial areas throughout the County. • De ign e d contain industrial areas throughout the County. Id ti les appropriate activities in the rural areas of the County. • se a and protect the County's natural resource lands and environment. stablish and designate rural residential densities. lban a and Use/Rural element meets GNIA planning voals: (I ) to encourage development in re s vhere adequate public facilities and services exist or can be provided in an efficient Mer- (2) reduce the inappropriate conversion of undeveloped land into sprawling, low -density opment: and (1?) ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available 13 435974 Page! 114 of 641 08/0412000 11:40R Jarfar�on County, A POPE RESOURCES RESO 599.eO fur occupancy and use. Jefferson County does not approve development permits unless a water supply and other infrastructure is shown to be available. Natural Resources Element I. The Growth Management Act requires local governments to classify, designate and regulate to conserve resource lands and includes a planning goal to maintain and enhance natural resource -based industries, encourage the conservation of productive forest lands n productive agricultural lands, and discourage incompatible uses. \ \ 2. Jefferson County has adopted an Interim Critical Areas Ordinance (Ordina 1 o. --05 9- 94. adopted Nlay 9. 1994 and amended by Ordinance No. 14-0626-95 on J 3 1995 , Mineral Lands Ordinance (Ordinance No. 09-0525-95. adopted May 2 1995), A ricu ral Lands Ordinance (Ordinance No. 08-0525-95, adopted Nlay 25, 1995) d s ands Ordinance (Ordinance No. 01-0121-97, adopted January 21, 1997 a to nd protect Jefferson County's natural resource lands. 3. The County's interim resource lands ordinances suppo the ons atto f forest, agriculture and mineral resources by identifying and a 'gnatin ese lands where the principal and preferred activity is resource productia a d extra io . 4. Jefferson County's Draft Comprehensive Plan, released Febr ry 24, 1997, contained a Natural Resource element that identified Jef%nCounty's agricultural, forest, mineral land and aquaculture resources. 5. The Jefferson County Planning Commissio d of ten (10) months, deliberated the Draft Comprehensive Plan in a public pro e s tm e revisions to the goals, policies and strategies of the elements containe�it ei , i eu i Natural Resource Lands. The Planning Commission released their Recomme da in or a Comprehensive Plan on February 2, 1998. 6. Between February, 2 and 1V ay 15 1 98, he Jefferson County Board of County Commissioners made fu vt ion a goals, policies and strategies of the Plan's elements, including th a I so a element. 7. The BOCC, on N1 y I elea ed a document of BOCC revisions to the Comprehensive Plan that included vts' ns de to the goals and policies of the Natural Resources element. 8. Between %lay I " 1, ' I 1998, the Board made Further revisions to Plan elements, including Vatu a e u ces, based on legal review provided by the Jefferson County Prosecutin, A o ey' o fice, recommendations made by a Comprehensive Plan review team (the Consi c an C sure Team), and public comment. 9. Jeffer oun July 3 [. 1998. released a Final Draft Comprehensive Plan that included h ina draversion of the Natural Resource element. Jeffe on ounty's Comprehensive Plan contains a Natural Resource element that includes oafs a d olicies that address natural resource conservation and protection, and require that nt r source lands ordinances be reviewed for consistency with the Comprehensive Plan an ended as needed priori to adoption as final resource lands ordinances. 14 435974 Papa: 115 of 641 09/04l2000 11:40A Jefferson County, WA POPE RESOURCES REGO 590.00 I I . The natural resource element also contains goals and policies that minimize conflicts between resource -based land uses and adjacent non -resource land uses, and which support the ,,ustainablC use and conservation of Jefferson County's natural resources. 12. The natural resources element also contains maps designating forest, mineral, agricultural, and aquaculture resource lands. Housing Element I . RC W 36.70A.070(2) identifies Housing as one of the six mandatory comp siv plan elements. 2. GWA Planning goal four (4), codified as RCW 36.70A.020(4), u �esJ i tions to "encourage the availability of affordable housing to all econo v en of the population of this state, promote a variety of residential densities and tv es, n the preservation of existing housing stock." 3. Jefferson County's County -wide Planning Polic i h se es a a framework for the development of the Comprehensive Plan, contai s olicies d ressing affordable housing throughout the County. 4. Jefferson County's Draft Comprehensw,an, release on February 24, 1997, contained a Housing element that addressed existing d ojected housing needs for all segments of the population. S. The Jefferson County Planning Com i si o a period of ten (10) months, deliberated the Draft Comprehensive Plan in Op bli r c s d made revisions to the goals, policies and strategies of the elements contain d er in, i luding Housing. The Planning Commission released their Recommendation o e mprehensive Plan on February 2, 1998. 6. Between February 2 d ivi y 5, l 9 , the Jefferson County Board of County Commissioners ma he a to the goals, policies and strategies of the Plan elements, includi g ou 'no meet. + The o r ' lu d pr visions that addressed the provision of affordable housing throu th inc io of policy language that permitted multi -family housing within the Co 's ral illage Centers The Boar , n i y 15. 1998, released the BOCC revisions of the Comprehensive Plan that included a evis o s made to the Housing element. Set v L 15 and Julv 31, 1998, the Board made revisions to plan elements, including s'ng, on le(yal review provided by the Jefferson County Prosecuting Attorney's o e, ommendations made by a comprehensive plan review team (the Consistency and ur T am), and public comment. Revisions include: \ • A policy to consider the use of vacant public lands to accommodate low-income and Jspecial needs housing opportunities through a study overseen by the Joint County - City Housing Advisory Committee. 15 3. Jefferson Cou containe4,a" identifiedieff 435974 Pass; 116 of 541 09/04/2000 11:40R .Jefferson County, WO POPE RESOURCES RESO 59e.00 • A policy in which the County commits to supporting the implementation of the. provisions of the federal Fair Housing Act, in recognition of the County's negotiated agreement in resolution of the Gray Wolf litigation. 9. Jefferson County, on July 31, 1998, released a Final Draft Comprehensive Plan that contained the final, revised Housing element that is consistent with the GNIA and the County -wide Planning_ Policy. 10. As rewired by RCW 36.70A.070(2). the Housing element: + Includes an inventory and analysis of existing and projected needs. • Identifies sufficient lands available for a wide variety of housing t s. J cludi g low-income housing, group homes and multi -family housing. + Includes a reference to the County's inventory of undeveloped b t ned lands and the commitment to utilize these lands in order to acco mo to ffo able housing needs. • Includes goals, policies and strategies addressing the pr se vat nd improvement of existing housing stock, and the developmen of n h sing i order to meet the need for affordable housing to serve all econ m'c segm of the community. • Includes goals and policies that address that d ess aff d ble housing in all areas of the County. • Contains policies and strategies that address spe ' ne housing, such as assisted care living facilities, group homes, a d using for the developrrtentally disabled, mentally ill, persons with HIV/AIDS, t e rly, and other special needs. Open Space, Parks and Recreation, 1, RCW 36.70A.160 requires that jur urban growth areas. The Washington State codified as (RCW 36.' comprehensive plans. + Planning goal development f access to natur ri • Planning goal thhi of }ands. sites, an s �Qi ct ssion Draft Comprehensive Plan, released on February 24, 1997 S e. Parks and Recreation, and Historic Preservation element that tit County's parks and recreational resources, wildlife corridors and tion open space corridors within and between Act enumerates thirteen ( t 3) planning goals, de the development and adoption of u gesJ is ictions to "encourage the retention of open space and na pportunities, conserve fish and wildlife habitat, increase rce s and water, and develop parks." urges jurisdictions to "identify and encourage the preservation tu'res, that have historic value or archaeological significance." istor'cal atures�/ d. T Je rso ounty Planning Commission, over a period of ten (10) months, deliberated the Draft o prehensive Plan in a public process and made revisions to the goals, policies and ateg' s f the elements contained therein, including the Open Space, Parks and Recreation, d is ric Preservation element. The Planning, Commission released their recommended dratt comprehensive plan on February ?, 1998. 16 435974 Page: 117 of 541 06/04/2000 11:40R Jefferson County, WR POPE RESOURCES RESO 699.00 5. Betvrcen February 2 and May 15, 1998. the Jefferson County Board of County Commissioners made further revisions to the goals, policies and strategies of the plan's elements. including the Open Space, Parks and Recreation and Historic Preservation element. 6. The Board, on May 15, 1998, released revisions to the Comprehensive Plan that included the BOCC revisions made to the Open Space, Parks and Recreation, and Flistoric Preservation element of the Comprehensive Plan. 7. Between Nlay 15 and July 31, 1998. the Board made further revisions t e eats, including Open Space, Parks and Recreation and Historic Preservation on le, I review provided by the Jefferson County Prosecuting Attorney's office an reco enda io s made by a comprehensive plan review team (the Consistency and Clos t . 8. Jefferson County, on July 31, 1998, released a Final Draft Co iv ]an that included the final revised Open Space, Parks and Recreation and Histopic-Pre ry io element. 9. Jefferson County's Comprehensive Plan contains"n �a'&e4.ks and Recreation and Historic Preservation element that meets the pla ni oals eed in RCW 36.70A.020 and in accordance with RCW 36.70A.160. � � 10. The Open Space, Parks and Recreation and Histor' Pre ry tion element includes goals, policies and strategies that strive to prot and enhance open space lands and parks, and link them to a county -wide trail network. 11. The Open Space, Parks and Recreatio n is i Preservation element also includes a parks and recreation strategy to ensure d chat ark and recreational facilities are developed to serve the needs of the gener�ubl' U 12. The Open Space, Parks and a at' n and Historic Preservation element contains an assessment of current level i e ndards for existing parks and recreational facilities throughout the Coun in r er to d termine whether the County is providing an adequate level of park and re e t'on to the general public. 13. The Open Spac , Pa an Re eation and Historic Preservation element also contains maps identifying t n a la ds r open space corridors and parks and recreation areas, conservation se ents, n reas for future cooperative preservation efforts. Economic I. Gy1 ecoi eht Element an intr o five (5) (RCW 36.70A.020(5)) urges jurisdictions to "encourage Zicdevelopment throughout the state that is consistent with adopted comprehensive Prot s economic opportunity for all citizens of this state, especially for unemployed Nc'c; ntaged persons, and encourage growth in areas experiencing insufficient rowth, all within the capacity of the state's natural resources, public services, and facilities." ;on County's County -wide Planning Policy, which serves as a framework for the ipment of the comprehensive plan, contains policies that address economic 17 435974 Paso: 110 of 541 00104/2000 11:40R dafferson County, WA POPE RESOURCES RESO 690.00 development within the County and calls for the inclusion of an economic development elcmcnt within Jefferson County's Comprehensive Plan. 3. JefTerson County's discussion Draft Comprehensive Plan, released on February 24, 1997, included an Economic Development element in accordance with the County -wide Planning Policy and in accordance with GMA planning goal five (5). The Jefferson County Planning Commission, over a period often (10) months, d i rated the Draft Comprehensive Plan in a public process and made revisions to the goals, po ' i and strategies of the Economic Development element. The Planning Comm issio re d eir Recommendations for the Comprehensive Plan on February 2, 1998, Between February 2 and fNlay 15, 1998, the Jefferson County Board of my Commissioners made further revisions to the goals, policies and strategi s o an's elements, including the Economic Development element. On May 15, 1998 the BOCC issued revisions to the Comprehen iv Pla t at included the BOCC revisions made to the Economic DevelopmeKmaby Between May 13 and July 31, 1998, the BOCC mad 'si ns to Plan elements, including to Economic Development, based on legal id d by the Jefferson County Prosecuting Attomey's office and recommendations mprehensive plan review team (the Consistency and Closure Team). �\ 8. Jefferson County, on July 31, 1998, released a Final bRft Comprehensive Plan that included the final revised version of the Economic vD�ei'orme ement. 9. Jefferson County's Comprehensive PP , adot"dAugust 28, 1998, contains an Economic development element that includes go s d oli es that promote economic development throughout the County and to all se n o e population, encourages programs to train and retrain the population, strea i e a provisions, promote coordination among economic development a cies a the C unty, and support a wide array of economic development opportuni . 11 si is 10. Jefferson County'sAr egy or on is development focuses on four key issues: • The retention usiness and industries. • The promotion w sinesses and industry that complement the County's rural developme patt • Providing a cat' n I opportunities to retrain workers and train new workers. • ldentifyin a t - tin- new businesses and industries that the County wishes to pro e � diversity the economy of the County and meet the goals and policies oft6e,- o 'v`mhensive Plan. no codperation and collaboration with the Economic Development Council and Io mic development agencies and organizations to develop a detailed economic nt plan for Jefferson County 18 435974 Pass: 110 of 541 09/04/2000 11;40A Jefferson County, WA POPE RESOURCES RESO 598.eO Environment Element I. G?v1A planning goal ten (10) (RCW 36.70A.020) encourages jurisdictions to "protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." Jefferson County has adopted ordinances such as Shoreline Management Master Program (adopted on ;larch 7. 1989, and revised on August 16, 1993. August 26. 1k60(- d February 6. 1998) consistent with RCW 90.58 (the Shoreline Management Act), anderim Critical Areas Ordinance (Ordinance No. 05-0509-94. adopted Nlay 9. I mended by Ordinance No. 14-0626-95 on June 26, 1995) which protects the values ns of Jefferson County's designated critical areas, as required by RCW 3¢'70 � Jefferson County's discussion Draft Comprehensive Plan, releas64oKFeb u ry 24, 1997, contained an Environment element that identified Jefferson C env nmental resources and included goals and policies that addressed a it a to on rvation and protection and the protection of critical areas. 4. The Jefferson County Planning Commission, ov Th Pr riod 0) months, deliberated the Draft Comprehensive Plan in a public process n made r vi ions to the goals, policies and strategies of the Environment elements. e Pl nn• g Co ssion released their Recommendations to the Comprehensive Ian on ebr ry , 1998. 5. Between February 2 and i41ay t 5, 1998, a fferson County Board of County Commissioners made further revisions to t g s, policies and strategies of the plan's elements, including the Environment em t. 6. The Board, on May 15, 1998, e as e;i s to the Comprehensive Plan that included the BOCC revisions made to the �1frrnm nt el ment. 7. Between May 15 and July 3 8, tReOOCC made further revisions to plan elements, including Environm nt, ba a on I g 1 review provided by the Jefferson County Prosecuting Attornev's office a dd o e i ns made by a comprehensive plan review team (the Consistency and s e 8. Jefferson Cain y�o Ju 3 [, 98, released a Final Draft Comprehensive Plan that included the Final revl-e vir m t element. E Jefferson C 's�Cot prehensive Plan contains an Environment element that includes goals and pvlic'e b lance land development and environmental protection, and require that Jefferso unt r view the Shoreline Management Master Program and the Interim Critical Area Or "na a nd other environmental ordinances for consistency with the Co eh slve Plan and amend them as needed to meet the goals and policies of the pre nSL a Plan. vi nment element outlines Jefferson County's environmental protection strategy focuses on four essential components: Watershed and Fish habitat recovery management based on plans developed in cooperative stakeholder groups, in order to better protect and manage water resources 19 435974 Page; 120 of $41 Jefferson County, wA POPE RESOURCES RESO412590,000 0 011:40R and in response to proposed listings of fish species under the Endangered Species Act (ESA\). Regulatory strategies for consolidated environmental review and cooperation among regulatory agencies in order to improve permitting efficiency and effectiveness.. Critical area protection strategy in order to improve the information identifying and regulating critical areas based on the best available science. Public education and involvement in order to improve public participation), understanding of, and compliance with environmental regulations. C \ 1 I. The environment element also identifies Jefferson County's critical env' onm al areas, including: aquifer recharge susceptible and vulnerable areas. freque fTo a eas, landslide hazard areas, erosion hazard areas, seismic hazard areas, fis we dlife a itat areas, and wetlands, and contains goals, policies and strategies design t Prot c thes areas form incompatible land uses. Maps of critical areas are containe in nvironment element. gu' a the revision of the 12. The Environment element includes goals, policies and strategi s Shoreline Management Master Program for the Prot tion of s relin resources consistent with the Growth Management Act, the Comprehens' a Ian, th horeline Management Act, and other applicable laws. The policies affirm th t pon co p etion of this revision, the goals and policies of the Shoreline Management Ma er o r m hall be incorporated as an element of the Comprehensive plan, consistent with R 36.7 .480, Essential Public Facilities I . Jefferson County currently contains two es Q d e ential public facilities: Jefferson County International Airport (JC1 d e lr on County Waste Management facility. 2. Jefferson County's County -wide P in o ' y, which serves as a framework for the development of the Comprehens' an o ains policies addressing the siting of new essential public facilities yr�ich re ons'st nt with the provisions contained within the GMA as RCW 36.70A.200. 3. Jefferson County's s ssi n D omprehensive Plan, released on February 24, 1997 which did not irtclt d se 'al ublic Facilities element. 4. Subsequent to the r e o he Draft Comprehensive Plan, an Essential Public Facilities element was ad to a prehensive Plan to ensure consistency with the County -wide Planning Polic o a r ss the County's existing essential public facilities, identify procedures for si ' g essential public facilities, and ensure that new and expanding essential c cilit' s are not precluded by plan goals or policies. �. he J f e on u ty Planning Commission, over a period of ten (10) months. deliberated the Dr p ensive Plan in a public process, during which time, the Essential Public ilit' s e nt was reviewed and revisions were made to the goals, policies and strategies of the le ent. The Planning Commission released their recommended draft comprehensive o F bruary 2, 1998. 20 435974 Pase: 121 of 541 09/94/2000 11:40A Jeffermon County, WA POPE RESOURCES RESO 599.00 6, Between February 2 and Nlay 15. 1998. the Jefferson County Board of County Commissioners made further revisions to the goals. policies and strategies of the plan's elements, including the Essential Public Facilities element. 7. The Board. on N1ay 15, 1998. released Revisions to the Draft Comprehensive Plan that included the revisions made to the Essential Public Facilities element. S. Between May 15 and July 31. 1998, the Board made further revisions to PI elements, including the Essential Public Facilities element, based on legal review pro id d b_v the Jefferson County Prosecuting Attomey's office and recommendations comprehensive plan review team (the Consistency and Closure Team). 9. Jefferson County, on July 31. 1998. released a Final Draft Comp h nsi Ian included the revised Essential Public Facilities element. 10. Jefferson County's Comprehensive Plan contains an Essen t bli Fa 'li es element that includes goals and policies that identify a process for itin ew a se tial public facilities, and address future development at Jefferson Cou s to att a] irport essential public facility. IL The Essential Public Facilities element contains u eline a d polices that provide for a process and a set of criteria to be used to identify ' es or t e development of those facilities classified as essential public facilities. 12, The Essential Public Facilities element a p vides for a coordinated interjurisdictional approach to siting new essential publ' fa . iti d for the expansion of existing essential public facilities. O O Port Ludlow Master Planned Resort\ \ Amendments to� ji s�lati� in 1997, specifically RCW 36.70A.362, authorize jurisdictions c na clude existing resorts as master planned resorts which may constit�� u goutside of urban growth areas as limited by RCW 36.70A.3+�2% 2. RCW 36.7 defines an existing resort as a resort in existence on July 1, 1990 and develop w le r in. part, as a significantly self-contained and integrated Bevel th t includes short-term visitor accommodations associated with a range of indoo a d ou d or recreational facilities within the property boundaries in a setting of si niti nt t at settings. �. Clb 36. A.362 further states that an existing resort may include other permanent res' ential uses, conference facilities, and commercial activities supporting the resort. but \ on . i these other uses are integrated and into and consistent with the on -site recreational tore of the resort. 4. Fort Ludlow is a planned community which prepared a phased development plan for the area in 1967 that envisioned a community of 6,000 dwelling units with attendant recreation and resort/convention facilities. 21 435974 Pass: 122 of 541 00/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 5W OO Over time, the development plan was revised which entailed the decrease of the total number of residential dwelling units and the addition of a marina. a golf course and a commercial center. 6. Since 1988, development at Port Ludlow has proceeded under the 1987 Port Ludlow Development Plan which outlined the continued residential build out and added a RV park, a recreation center and a 9-hole expansion to the golf course. 7. In 1993. the Port Ludlow Final Environmental Impact Statement was ado Jefferson County which examined the environmental impacts associated w' a pha ed development of additional residential units, the addition of -17,500 sq re e of commercial space, a 36-room Inn, expansion of the existing marina nstr t1 no a new golf course clubhouse, development of recreational trails and p i infrastructure, and designation of 815 acres as permanent open dd' onally, the EIS provided for sewer and water connections to accommod e 2-Or id tial units and associated Master Planned Resort activities. The develo e s con in a to address on - site and off -site infrastructure impacts through prof -s ci m' ' a 'on and conditions of approval. 8. Because of its urban and suburban -style develop en atte . P rt Ludlow was considered in Jefferson County's County -wide Plan ing i (# 1.4) as being "characterized by urban growth." 9. In 1994, Jefferson County adopted Ordinanc 0 110-94, designating Port Ludlow as an Interim Urban Growth Area. 10, In 1994, the Western Washing to a ement Hearings Board invalidated the designation of Port Ludlow as aif nt 'm r Growth Area and stipulated that the County must complete a landn in structure analysis prior to designating Port Ludlow an IUGA. 177 1 1. In 1996, Jefferson C a tid"h nterim Growth Strategies Ordinance (#05-0214- 96) designating P rt o s nned Rural Community based on criteria codified in section 2.70 of sa ord' an 12. In 1995, the P dlov la ning Committee, comprised of Port Ludlow residents and established at the,qest o the Jefferson County Board of County Commissioners, submitted a - r n hat articulated the Community's goals and policies for the developm no Ludlow. 13. In 199 Je erson Minty released a Draft Comprehensive Plan which included many of the o a po icies identified in the Port Ludlow 20-year Plan and proposed the d s g atio 0 ort Ludlow as a Master Planned Community and Resort. 14. 1 9 d ring review of the Draft Comprehensive Plan by the Jefferson County \an ing Commission. Port Ludlow was designated as a ititaster Planned Resort/Master PI n d Community because of its resort and residential components. 15. Aril 998. during review of the Jefferson County Comprehensive Plan as Recommended by the Jefferson County Planning Commission, the BOCC designated Port Ludlow as a 22 435974 Paso: 123 of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RE50 596.00 Mauer Planned Resort based on its phased development patterns and because it meets the criteria for existing master planned resorts codified as RCW 36.70A.362. 16. 'fhc 13OCC finds that, because of its development history and patterns of development, the land on which Port Ludlow is located is determined to be better suited and has more luny -term importance as a Master Planned Resort than for the commercial harvesting of timber or agricultural production. 17. Jet erson County's Comprehensive Land Use Plan speciticalIv identi es olicies to �_uide development of the Port Ludlow Master Planned Resort. 18. Jefferson County's Comprehensive Land Use Plan designates rural residential and/or forest resource lands, which preclude land uses in the vicinity of the existing resort. l 19. Port Ludlow's development according to its master p1 a d Jefferson County development regulations establishe r cr for new development are reviewed for critical co c as or consistent with All applications Capita; Facilities Element I. RCW 36.70A_070 (3) identifies a Ca ital Facilit' ment as one of the six mandatory comprehensive plan elements. 2. Jefferson County's Draft Compreh ve la released on February 24, 1997. included a Capital Facilities Ele a tha o tained goals, policies and strategies pursuant to RCW 36.70A.Q'9Q (3 . O Jefferson County PlannVa' on public meetings conducted throughout 1997 culminated in a final pun the Capital Facilities element on January 14, 1998 wherein the pitment was adopted as amended. The Planning Commission rec cilities element was issued on February 2, 1998. 4. Based on p b ' o s s conducted on February 23, 1998; iVlarch 9, 1998, and April 23, 19 t Jef son County Board of Commissioners proposed revisions to the Jeffers o lanning Commission recommended Capital Facilities element. In the p I• o shops referenced above, the Board of County Commissioners re,i e t e le a of service standards and the six year capital facilities concept plan ado d se cted the adopted six -year capital financing plan that includes two fu a S tegies. T ital Facilities element includes an inventory of existing capital facilities o e Jefferson County including name, location, and capacity; and a forecast of t cure needs for these facilities. 2; 435974 Pass: 124 of 541 161farson County, NA POPE RESOURCES PESO4/20509 p1S1:4OA 6. Vhe Capital Facilities element includes level of service standards for all existing and future public capital facilities. and policies and strategies to ensure adequate public facility capacity concurrent with development. 7, The Capital Facilities element includes a six -year capital facilities concept plan to Finance Jefferson County capital facilities based on identified revenue sources and projected funding capacities. 8. The capital facilities element policy CFP 3.2 identifies the requirement re s s the Comprehensive Plan if probable funding falls short of meeting existin ds; therefore, ensuring that the Land Use element, the Capital Facilitie a t, an e Capital Facilities element capital facilities financial plan are coor, to n consistent. 9. The Jefferson County Prosecuting Attorney conducted a pr i t eg r view, dated May I, 1998, and a final legal review, dated Au ust 98 o the capital facilities element. Utilities Element 1. RCW 36.70A.070 (4) identifies the Utilities a nt as one of the six mandatory comprehensive plan elements. 2. Jefferson County's Draft Comp si li , leased on February 24, 1997, included a Utilities Element that c ta' e a s, policies and strategies pursuant to RCW 36.70A.070 (4). 3. Jefferson County PI Co iniss' public meetings conducted throughout 1997 culminated in a final the Utilities Element on January 7, 1998 wherein the Utilitie E w adopted as amended. The Planning Commission recommended U tl' i1 ent as issued on February 2, 1998. 4. The Utilities Ele in ude'§ general current utility locations and existing and future capacity needsa quiqepents of utility facilities in Jefferson County. 3. Based on pu lip ops conducted on March 26, 1998 and April 23, 1998, the Jefferso u B rd of Commissioners proposed revisions to the Jefferson County Pla e m 'ssion recommended Utilities Element. 6. h e so County Prosecuting Attorney conducted a preliminary legal review, da I ay , 1998, and a final legal review, dated August 7, 1998, of the Utilities �Elem t. 24 435974 Pass; 125 of 541 Jeffermon County, WA POPE RESOURCES RESO412000 59B 001 40p 7. To ensure consistency with the Capital Facilities Element and clarify Jefferson County capital commitments, the Utilities Element adopted on August 28, 1998 contains revised narrative language specific to watershed planning. 8. To provide greater clarification of multiple party involvement in the growth management planning and development of water utilities and service, the Utilities Element adopted on August 28, 1998 contains one additional strategy. n 25 APPENDIX "C" JEFFERSON C STORMWATER MANNT ORDINANCE OR17�N? �)l 1104-96 EFFECT February Z, 1997 Jefferson County. WA�uPOPE RESOURCES �u�m 435974 Page: 126 of 541 08/04/2000 11:40A PESO 500.00 435974 Pass: 127 of 541 1111111111111111111111111111111111111111111111111111111 00104/2000 11:40A Jefferson County, WA POPE RESOURCES RE90 599.00 JEFFERSON COUNTY State of Washington In the Matter of Adopting the Stormwater Management Ordinance ORDLNANCE NO. 10-1104-96 STORMWATER MANAGEMENT ORDINANCE SECTION 1: FINDINGS OF PACT, NEED, AND PURPOSE 1.1 Firsdintts of Pact The County Commissioners of Jefferson County hereby find that: A. RCW 90.70 created the Puget Sound Water Quality Authority fa p ed is RCW 90.70.00I. B. The 1991 Puget Sound Water Qtulity Management lab ( May, 1994) requires that: 1_ All cities and counties in the Puget S n basin ;4 adopt ardinances requiring stormwater controls for new development and redev o ent. ordinances are to address: a) The control of off -site ter quality=d-gu;intity (as related to quality) impacts; b) The use of source coot management practices and treatment best management Practices; c) The effective trra best management practices, of. the storm size and frequency ( s ified in the Stormwater Management Manual for the Puget Sound E r development; d) The use ,6�tFad . With appropriate precautions. as the first consideration in a) / channels and wetlands; and f) :Cti andsediment control for new construction acid redevelopment projects; Z. shall adopt a stormwater management manual containing best management ;�q (9s) for the standards herein in conjunction with the Stormwater Management 3. To beconsistent with the expected growth manaaerwnt planning schedules all counties shall co rate the Play storarwater considerations tiry into critical area ordinances, couwide lieies, comprehensive plans, and implementation regulations; adapt ordinances and st nttwater manuals; and wmply with the operation and maintenance program requirements by January 1. 1995. of County Commissioners find that this ordinance is necessary in order to comply with the 1991 ty, 1994) Puget Sound Water Quality Management Plan, and to meet the applicable goals of the nagement Act, RCW 36.70A. 1 435974 Page; 129 of 541 00/04/2000 11 AN Jaffaraen County WA POPE RESOURCES PESO 595.00 1.3 PutPose The purpose of this ordinance is to. - A. Adopt a stormwater management manual: B. Adopt thresholds for determining development requirements; and C. Provide a means of regulating land disturbing activities on private and public land and subsequent stormwater runoff. The provisions of this ordinance are to guide and advise all who conduct new develop velopment as defined in Section 3.1. The provisions of this ordinance establish the level of compli that m be met to permit a property from which scormwater flows into or potentially flows into the ge oua � to be developed or redeveloped within Jefferson County. '�� C) SECTION 2: GENERAL PROVISIONS 2.1 Stormwater rna a ement rnanual ado t The Stormwater Management Manual, For Washington State Department of Ecology, Manual. 2.2 Definitions For the purpose of this Notation in the Manual. ed the Puget So B in, curren edition), as published by the is hereby ado by refe cc and is hereinafter referred to as the ordinance, definitions shhbe as listed be ow or as are contained in the Glossary aad A. Basin Plan - A plan and all imple use management adopted by ordi manaor-went facilities and f B E. and procedures, including but not limited to land ,ling surface and storm water quality and quanciry subbasins. Best Mannernent Practices (B - died, structural, and/or managerial practices that, when used singly or in combination, pre t r pollution of water and have been approved by Department of Trcaloay for stormwater men th Puget Sound basin. Closed record h bli eartn for the purpose of appeal following an open record public hearing, when the appeal ' e o wr no or limited new evidence or information allowed to be submitted and only appeal t ow Cotamerrist gri ul - ose activities conducted on lands defined in RCW 84.34.020(2), and activities inv in a praductioa of crops or livestock for wholesale trade. An activity ceases to be Conn culture when the area an which it is conducted is ro p posed for conversion to a noaagri I or lain idle For mote than five (S) years, unless the idle land is registered in a federal r state s conservation program or unless the activity is maintenance of irrigation ditches, laterals, , or draina;e ditches related to in existing and ongoing agricultural activity. a es rue 'ce - Any activity conducted on or directly pertaining to forest land and relating to growing, t-S estio„ r process Umber, including but not limited to: Road and trail construction; Harvesting, final and intermediate; Precommercial thinning; Reforestation; Fertilization; 6. Prevention and suppression of diseases and insects; 7. Salvage of trees; or S. Brush control. 2 435974 Paset 129 of 541 06/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 F. Hearing Examiner - meaw the office of the Jefferson County Hearing Examiner as established by Jefferson County Ordinance No. 1-0318-91, and as amended. G. Impervious Surface - means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development and/or a hard surface area wbxch causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not Iimited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and ailed, --dam or other surfaces that 4paarly impede the natural infiltration of stcrmwater. Open, uncovered retention or detention 26 'ties shall not be considered as impervious surfaces. H. Infiltration - means the downward movement of water from the surface I. Land Disturbing Activity - means any activity that results in a ch a the sting sail cover (bath 7 K. New Development - means the following activid d dis r ing activities, structural development, including construction, instalIatiora or expansion of a uil i g other structure; creation of impervious surfaces; Class IV General forest practic that are con rstons from timber land to other uses; and subdivision and short subdivision of lan used in RCW 58.17.020. All other forest practices and commercial agriculture are not considered no de opment. L. Open record bearing: A public he tying ted Hearing Examiner that creates the County's record through testimonyr and submissior,evi e aid ' f rmation. antwit tdance or prrpari J. vegetative gad non -vegetative) and/or the existing soil topography. d ink activities include, but are not limiters to, demolition, construction, clearing, grsdia It ex vation. Large Parcel Etnsiott and Sediment Control Flan or 'LPES an" plan to implemeryt BMPs to control pollution generated during land disturbing contained in Chapter II-� of the DOE Stormmvater Qement anus . mg a LPESC Flan is M. Permanent Stormwater Quality C tto PSQ� PIart - a plan that includes permanent BMPs for the control of pollution fiat. sto er no after construction andlor land disturbing activity has been completed. For small sit s i rnent is met by implementing a Small Parcel Erosion and Sediment Control PI Gui co p eparing a PSQC Plan is contained in Chapter I-3 and Chapter I-4 of the DOE Storm ement anual. N. Puget Sound et un south of Admiralty Inlet (including Hood Canal and Saratoga Passage); the waters n adi border, including portions of the Strait of Georgia; the Strait of Juan de Fuca south the an rder, and all the lands draining into these waters as trtapped in Water Resources lea ry eas numbers ! through 19, set forth in WAC 173-500-400. O. Redevel - an already developed site, the creation or addition of impervious surfaces, structural develop t inc ng construction, installation or expansion of a building or other structure, and/or raplacetn t m ervious surface that is not part of a routine maintenance activity; and land disturbing ac viti ed with structural or impervious redevelopment. P P Erosion and Sediment Control Plan or "SPESC Plan' - a plan for small sites to implement to BMPs to control pollution generated during the construction phase only, primarily erosion and im . Guidance. for preparing a SPESC PIan is contained in Chapter 1-3 of the DOE Stormwater slement Manual. S rmwater -?hat portion of precipitation that does not na[urally percolate into rite ground or evaporate, ut Flows via overland flow, interflow, channels or pipes into a defined surface water channel, or 2 constructed ia6ltr2tioe facility. R. Water Quality - A term used to describe the chemical, physical, and biological characteristics of water. usually is respect to its suitability for a particular purpose. 3 435974 Paso; 130 of 641 00/0412000 11:40A 2.3_AbroEation and vmtcr restrictions Jefferson County, WA POPE MOLOCES RESO 580.00 It is not intended that this chapter repeal, abrogate, or impair any existing rea lations, tasenunts, covenants, or deed restrictions. When any provision of any other County ordinance conflicts with this ordinance, that which provides more environmental protection shall apply unless specifically provided otherwise in tbis ordinance. 2 4 Applicability Regulated activities wader this ordinance shall include all proposed land use when new development and redevelopment above threshold limits as set within this ordinance would occur. within the uniacorpoTwed limits of Jefhetsoa County where storzawater flows into or potentially flows into the Puget Sound bgsia_ Permit and development applications including but not limited to the following shall requirements of this ordinance: A. Building permit applications made under the Jefferson County Building ceV Single Family Residential. Mobile/Manufactured, Modular. ]3 ditions; Multi -Family Residential: Duplexes, Fourplexes, Condo"' pa i Houses; Commercial, including additions; Industrial, including additions; (Radio and Cellular) Towers; Above and Below Ground Stora-e Tanks; Additions and Renovaaions. B. Applications for Sewage Disposal Permits wade er s a County Ordinance No. 277, and/or 246.272 WAC, Rules and Regulations for n-Site Se sal Systems. or any ordinance adopted or amended thereafter. C. Applications for approval under the Jaffe niug Code, No. 9-080I-94, or zoning control adopted or amended thereafter. n D. Applications for approval uty� e e e#s ¢to County Subdivision Ordinance, No. 44526-92, as amended. E. Applications for approval un J County Camper Club Ordinance, No. 3-80, as amended. F. Applications for sh su evelopment permits and permit exemptions under the Jeffersoo- Port Townsend or e t Master Program. as amended. G. Applications r ene forest practices permits or forest practices permits that include conversion o 'o l H. ApplicatiQror'the r the provisions of the Jefferson County Critical Areas Ordinance. 2.5 Seyerabi MIX tX If any provisioncc or its application to any person, entity, or circumstance is held invalid. the remainder o� ► ' application of the provision to other persons, entities, or circumstance shall not be affected.(/ \ 4 435974 Pais: 131 of 541 Jefferson ftotY: wA POPE RESOURCES RES1004/2� 051:40A SECTION 3: REGULATED ACTIVTrMS 3.1 a tad ctivities Jefferson County shall approve or disapprove all new development and/or redevelopment when above the dumsholds contained in Section 4 of this ordinance, unless exempted in Section 3.2 below. 3.2 jg3pnwtions Cotaaseizisl agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General forest practices permit applications that are conversions from timber land to other uses and fo ractices permit applications that include conversion option harvest plans. SECTION 4: APPROVAL STANDARDS 4.1 MiniMUM.§rormwater Uma2emcnt R ' uir me A. The following new development and redevelopment shall be requi to eat an approved Small Parcel Erosion and Sediment Control Plan: 1. Individual, detached single family residences and p xrs ing or adding less than 5000 square feet of impervious surface develop t. div a heel single family residences and duplexes cresting or aefclimg less than 300 s re feetha Ilow BMPs but ors not he required to submit a plan. ` 1 2. Creation or addition of less than 5000 a fc—c-r-O'!JinPervious surface area for projects other than individual detached single f '1y residene duplexes and associated appurtenances. 3. Land disturbing activities of mo 10.000 square feet and less than one acre. Land disturbing activities of Iess th a feet shall follow BMPs but will not be required to submit a plan. B. All development creating or ad ' 1 5,000 square feet of impervious surface area, where resulting impervious areas comp g t 50 percent of the total site size, shall be requited to implement an approved S ro ' n and Sediment Control Plan and a Permanent Stormwater Quality Control Plan. C. All new develop is u t creation of 5000 square feet or greiter impervious area, and land disturbing anti an one acre shall be required to implement an approved Small Parcel Erosion and S on 1 and a Permanent Stonuwater Quality Control Plan. D. Lend distur ' g ivia o re than one acre sh311 be required to implement an ipproved Large parcel Erosion and Con I Plan and a Permanent Storrnwater Quality Control Kin— H. All redo el en the adds or creates 5000 square feet or greater impervious area or land disturbing activid re one acts shall be required to implement an approved Large Parcel Erosion and Sedimen Ian and a Permanent Stormwater Quality Control Plan. Source control BMPs shall be in site. F. In 'stio the above requirements, for all new development or redevelopment where one or more of fo wing conditions apply, a stormwater management plan shall be prepared that includes a schedule r dog the minimum requirements for the entire site, including adjoining parcels if they are of the project. An adopted and implemented basin plan (Minimum Requitement #9) may be used to e rate redevelopment requirements that are tailored to a specific basin. Existing sites greater than one acre in size with 50% or more impervious surface. 5 111011111111 435974 P894: 132 of 541 Jefferson County. WA POPE RESOURCES 05104/2000 11:40A RESO SM . N 2. Sites that discharge to a receiving water tbat has a documented water quality problem, Subject .._. to Iorai priorities, a documented water quality problem includes, but is not limited to, water bodies: as listed in Washington State Department of Ecology reports required under Section 303(d) of the Clean Water Act. 3. Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Ch.40G-12 WAC. 'Local Plsmling and Management of Noapoint Seurce Pollution', Puget Sound Water Quality Authority, or through Growth Management Act planning. 4.2 General Regulated activities shall be conducted only after Jefferson County approves a to Site Plan which includes one or more of the following as required by this ordinance: A. StnaIl Parcel Erosion and i n Contra] 5P Plan - Small P Eros and itrlent Control Plans shall comply with Small Parcel Requirements 1 through 5 of S 'on _.3 f the Manual. B. a Pa el E 'on an sWi Control t. ES PlanI i and Sediment Control Plans shall comply with Minirntun Requirement #I: Erosion d Sedi Control of Section I-2.5 of the Manual. C. ent Stormwa:ter lity C 1 1 n - Pe en Stormwater Quality Control plans shall comply with Minimum Requirements #2 thorough I 1 ' Secti -2.6 through 1 2.15 of the Manual. SECCION 5: ADMINISTRATION 11 water Administrator The Board of County Commissioners will m=agement. The Administwor: A. B. C. Will assist the public in the intsipi limited to, making available would aid in the understandidw am Will assist those Best Maaa_-*ertursu strator who will be trained in stormy ter 0 d plication of this ordinance which may include, but is not , matrices, standard drawings, and educational material. that 311 eats of the ordinance. to prevent violations of this ordinance or violations of Shall have u od to �gl'op and implement administrative procedures to adminisur and enforce this ordinaa y vary from the performance standards of the Manual for the purpose of protecting wa r ity b on a written finding of fact that addresses the following: L i"he v ce vi equivalent environmental protection and is in the overriding public interest; and the obj ti es o ety, function, environmental protection and facility maintenance, based upon sound cnginee are y met; special physical circumstances or conditions affecting the property such that the strict these provisions would deprive the applicant of all reasonable use: of the parcel of land in every effort to find creative ways to mreet the intent of the minimum bbmdatds has been e variance will not be detrimental to the public health and welfare, nor injurious to other 3e vicinity and/or downstream, and to the quality of waters of the state; and 4. The variance is the Isast possible variance that could be granted to comply with the intent of the Minimum Stormwater Management Requirements. _ 6 D. May approve, conditionally approve, or deny an application for activities regulated by this office. E. Will bAvG authority to inspect projects at various stages of the work and may require approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, prO-comstsuction; installation of $MPs; land disturbing activities; insWL-Lion of utilities; landscaping; retaining walls; and completion of project. Wben required by the Administrator, special inspection and/or testing shall be performed. 5.2 Heari The Hearing Examiner's duties shall be as set forth in this ordinance and in the leffe n County Code Chapter 2.05 Hearing Examiner. SECTION 6: ENFORCEMENT 6.1 General The choice of eoforce:ment action and the severity of any penalty shall be based the owing: A. Whether the violation was intentional; B. Damage to water quality; C. Risk to the public or to public resources; D. Damage to private property. ?_Stop work Order The Administrator shall have the authority to servo a violation of this ordinance. The Administrator stop work order uniess a threat to water quality s 6.2.1Ccmtoar_of Order The Order shall contain: \ A. A description of the specifi and O B. A notice that o ' specific co acti to be issued wi Leer. 6.2-2 Notice A stop work order or by personal serf stop work order if an action is being undertaken in to vie violations to be corrected prior to issuing a and time of violation and the damage or potential damage; potential violation cease and desist, and, in appropriate cases, the a within a given time. A civil penalty under Secrion 6.3 below may by a notice in writing, either by certified mail with return receipt requested. incurring the same. The stop under this section shall become effective immediately upon receipt by the person to whom the riles i.s ted_ OV with the terms of a stop work order shall result in anforcetnent actions including. but not issuance of a civil penalty. Wate�qmWity is of prime importance. All costs to return violation to compliance with plans and prudent activities will be the responsibility of property owner. VA 435974 11111111111111111111111111111 Jill 11111111111111111111 P&M: 13N f 541 Jaffsrean C"tY, WA POPE RESOURCES U/0 6SB.00 In addition, a person who fails to comply with the requirements of this ordinance, who fails to conform to the terms of an approval or order issued, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty. Said penalty shall be imposed by the Administrator who shall consult with the Prosecuting Attorney prior to imposing any such penalty. 3.1 Amount of al The penalty shall not be Iaw than S 25.00 or exceed S 1000.00 for each vioIation_ Each day of continued violation or repeated violation shall constitute a separate violation. 6.3.2 Aidine or A6etri=Q, Any person who, through an act of commission or omission, aids or abets in the violatio s be considered to have committed a violation far the purposes of the civil penalty. �� f_r.3.3 Notice of Penalty. A civil penalty shall be imposed by a notice in writin,either by cerrifted mail ' re ra race' t nested or by personal service, to the person incurring the same from the County. The oti11 describe the violation, approximate the dates) of violation, and shall order the acts constituting the via tion and desist, and, in appropriate cases, require necessary corrective action within a specific ti 6.3.4 Aooiicatian for Remission Qr Mitigation. Any person incurring a penalty may apply in writing within da of i t the penalty to the Administrator for remission or mitigation of such penalty. Upon receipt o appli . the Administrator shall schedule and provide public notice of an open record public hearing re the g Examiner to consider the appeal. Notification of the public hearing shalI be consistent with 5 'on 1 f the Jefferson County Zoning Code, Ordinance No.09-0901-94. The Hearing Examiner may reco end t the Board of County Commissioners to remit or mitigate the penalty only upon a demons _ vn of extraordinary circumstances, such as the presence of information or factors not considered in setting the g l penalty. 6.3.5 Anneal of Civil Pen_ alto. The recommendation of the Hearing Examiner be ad to the Board of County Commissioners. The Board shall review the reeommendatio pu l' If after review the Board: deems that a change in the recommendation is necessary, the Boa h 1 provide public notice of a closed record public hearing to adopt its own findings of fact and con 'o tification of the public hearing shall be consistent with Section19 of the Jefferson Coua Winn e, Ordinance No.09-0801-94. The Board of County Commissioners shall remit or mitigat a pe t only upon a demonstration of extraordinary circumstancas, such as the presence of infbrmahon, o react rs of c n idered in setting the original penally. 6.3.6 Egnal6g due Penalties imposed unde S 'on ome due and payable 30 days after receiving notice in writing unless application for re ' a its 'aa ' made or an appeal is filed. Whenever an application for remission or mitigation is made, ti shs me due and payable 30 days after ixceipt of the decision regarding the remission or mitigation. ver an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedin a ecision has been issued by the Board of County Commissioners confirming all or part of the e amount of a penalty owed the County is not paid within the time specified, the County tray take ons n to recover such penalty. Penalties be paid to a fund dedicated to public education and assistance for helping applicants �-;s a and the srortawater management program. t ho fails to comply with the requirements of this ordinance, who fails to conform to the terms of an r 9hier issued, or who fails to: comply with a stop work order issued under these regulations may also criminal prosecution as currently provided for under Jefferson County Code Chapter 1.01.160 - Penalties. 8 SECTION 7: APPEALS II�INIY�Iq�M��YN� T435974 "m4 =w 7.1 Right ofappea Any decision of the Administrator may be appealed to the Hearing Examiner. All actions of the Administrator shall be Final and conclusive, unless within 14 days of the date of the Administrators, action, the original applicant or an adverse pity gives written notice of appeal to the Administrator for review of the action. The notice shall specify the decision for which review is sougbt aid the grounds for review. A mailipg address for the Appellant shall be included. 7.2Method_of A The Hearing Fataminer 51Ia11 revieW alI decisions of the Administrator that are appealed at record public hearing. The decision of the Hearing Exam ner shall be forwarded to the Board of ou o 'ssioners. The Hoard shall review the tveommendation in a public meeting. If after review o g Exanpiner's reoemmendation the Board deems a change in the recommendation necessary. the oard hol a closed record public hearing and adopt its own findings of fact aid conclusions. The Hearing e o Bo f Commissioners may prescribe conditions that are deemed necessary or le o the public interest. Notification of public hearings required under this Section shall be consis S ion 19 of the Jeffersoa County Zoning Code, Ordinance No. 09-0801-94. 0 SECTION 8: F .E.S I I ram The Administrator is hereby authorized to collect fees for the vi o e sion control and stormwater site plans and variances, inspections of new development and redevelopme an ppe als of decisions of the Administrator including civil penalties as provided for in the De rt rt of Public Works Fee Schedule, Jefferson, County Code Appendix III public Works Department. . SECTION 9: EFFECTIVE DATE 9.1 'Effective Date O The effective date of this ordinance shAllbee da m the date pas srd and adopted by the Board of County Commissioners. PASSED AND ADOFTED ON04ISSIONERS TnTP4 P.10 APPENDIX "D" :3S."e7 "':. ORDINANCE NO. 05-0509-94 JEFFERSON COUNTY INTEI,��� CRITICAL AREAS May 9, 1 a JEFFERSON COON - D OF COMMISSIONERS 0 R kerinton, Chair GI rd, Commissioner ,> > a, Commissioner Amended June 26, 1995 14-0626-95 435974 Page: 137 of 541 Jefferson County, WA POPE RESOURCES RESO 596. " TABLE OF CONTENTS SECTION 1: PURP0SMS . . . . . . . . . . . . . . . . . . . . . . 1 .� 1.10 Findings . . . . . . . . . . . . . . . . . . . 1 1.20 Purpose - General . . . . . . . . . . . . . . 6 1.30 Field Guide 6 1.40 Enactment 1.50 Title . . . . . . 1 6 SECTION 2: DMINITIONB 7 2.10 General . . . . . . . . . . . 7 2.20 Tense and Number . . . . 7 2.30 Interpretation . . . . . . . 7 2.40 Definitions . . . . . . 7 SECTION 3: SCOPE . . . . . . . . . . . . . . 17 3.10 Coverage . . . . . O. O . . . . . . . . . . . . . 17 3.20 Relationship to Exist i a ations . . . . . . . . . . . 17 3.30 General Applicabil 18 3.40 Exemptions O. 19 3.50 Nonconform U es . . . . . . . . . . . . . . . . . . . . 19 SECTION 4: ADM AUTHORITY AND RLSPONSIBILITY . . . . . 20 4.10 Planning a nt . . . . . . . . . . . . . . . . . . . . 20 4.20 Departm r� Public Works . . . . . . . . . . ... . . . . 21 4.30 Hea i xa iner . . . . . . . . . . . . . . . . . . . 21 4.40 oo f ounty Commissioners . 22 i �I�IIIY:azs� :.: Jeff arson CoWtV. WA POPE RESOURCES PESO SM - N SECTION 5: PROCESS AND ADNXNXSTRATIOM 23 5.10 Critical Area Determination . . . 23 5.101 Triggering Application 23 5.102 Advance Determination . . . . . . . . . . . . 23 5.20 Process . . . . . . . . . . . . . . . . . . . . 24 5.201 Process - General . . 24 5.202 Permit Required 24 5.203 Exemptions . . . . . . . . . . . 24 5.30 Critical Area Review Requirements . . . . . 25 5.301 Application Requirements - General . . . 25 5.302 Preappiication Consultation . . . 25 5.303 Critical Area Review Requirements 25 5.304 Public Notice and Hearing 26 5.40 Critical Area Applications and R is 26 5.401 Critical Area Review of Tri nq t Applications and Reports - e eral . . . . . . . . 26 5.402 Findings 26 5.403 Conditions . 26 5.404 Appeal of Administrativ Decis 27 5.405 Time Period for Review Approval . . . . . . . . . . 28 5.406 Fees . . . . . . . . . . . . . . . . . . . . . . . . 28 SECTION 6 : WETLANDS . . . 9 29 6.10 Introduction t✓ . . . . . . . . . . . . . . 29 6.20 Purpose . . . . . . . 29 6.30 Classification es g at o . . . . . . . . . . . . . . . . 29 6.301 Classifice 29 6.302 Designat o 29 6.303 Sources e f entification . . . . . . . . . . . . 30 6.304 Wetlan 30 6.40 Applicabil d aivers . . . . . . . . . . . . . . . . . 30 6.401 Appli 1 30 6.402 Waives. 30 6.403 Wai e� Cdn itions 30 ii 6 ti 435974 Pass: 139 of 541 Jefferson County, WA POPE REGOMRS RESO 690.00 6.50 Protection Standards . . . . . . . . , 30 6.501 General . . . 30 6.502 Delineation . . . . . , . , . 31 6.503 Drainage and Erosion Control 31 6.504 Buffer Marking . , , . . 31 6.505 Buffers - Standard Requirements 32 6.506 Reducing Buffer Widths , , , , , , . . . 33 6.507 Increasing Buffer Widths , , , . . , . , 33 6.508 Averaging Buffer Widths . . . . . . . . . . 33 SECTION 7s CRITICAL AQUIFER RECHARGE AREAS 35 7.10 Introduction -. . . . . . . . . . . . . . . . . 35 7.20 Purpose . . . . . . . . . . . . . . . . 35 7.30 Classification/Designation 0 a 35 7.301 Classification . . . . . . . 35 7.302 Designation . . . . . . 35 7.303 Sources Used for Identifica on . . 36 7.304 Reevaluation of Designation C iter 36 7.305 Critical Aquifer Recharge Ar a s . . . . . . . . . 36 7.40 Applicability and Waivers 36 7.401 Applicability . . . . . 36 7.402 Waivers . . . . . . 0 37 7.403 Waiver Conditions . . . . . . . . . . . . . 37 7.50 Protection Standards 37 7.501 General . . . . 37 7.502 Aquifer Recharge a ort 37 7.60 Conditions 7.601 General . 38 38 7.602 Basis fo�Q�dil 38 SECTION 8s 8.10 8.20 8.30 8.40 ARRAS . . . . . . . . . . . . . . 39 Introducti . � . . . . . . . . . . . . . . . . . . . . . Purpose Incorpo a by Reference Rel ip to Other Regulations . . . . . . . . . . . . . iii 39 39 39 40 Jefferson��POPE �W�11M ACES 435974 � SECTION 9: GEOLOGICALLY HAZARDOUS AREAS . . . . . . . . . . . . 41 9.10 Introduction . . . . . . . . . . . . . . . . . . . . . . . 41 9.20 Purpose . . . . . . . . . . . . 41 9.30 Classification/Designation . . 0 41 9.301 Classification . . . . . . . . . . . . . . . . . . . . 41 9.302 Designation . . . . . . . . . . . . . . . . . . . . . 41 9.303 Sources Used for Identification . . . . . . 42 9.304 Geologic Hazard Area Maps . . . , . . . . . 43 9.40 Applicability and Waivers . . . . . . 43 9.401 Applicability . . . . . . . . . . 43 9.402 Waivers . . , . . 43 9.403 Waiver Conditions . . . . . . . 43 9.50 Protection Standards . . . . .� 44 9.501 General . . . . . . . . . 44 9.502 Drainage and Erosion Contro 44 9.503 Clearing and Grading . . . . . . . . , . 44 9.504 Vegetation Retention . . . . . 45 9.505 Buffer Marking . . 46 9.506 Buffers - Standard Re ements 46 9.507 Reducing Buffer Widths . 47 9.508 Increasing Buffer Widt 47 9.509 Geotechnical Report 47 9.60 Conditions . 0 . . . . . . . . . . . . . . 48 9.601 General . . . . . 48 9.602 Basis for Condit , 48 SECTION 10t FISH ADD DL HABITAT AREAS . . . . . . . . . . 49 10.10 Introducti v . 49 10.20 Purpose 49 10.30 Classifi i /D ignation . . . . . . . . . 49 10.301 Clas on . . 49 10.302 De a o 49 10.303 So ce sed for Identification . . . . . . . . . . . 50 10.304 Fi h Wildlife Habitat Area Maps 50 10.40 A a ility and Waivers . . . . . . . . . c . 50 1 4 pp cability . . . . . . . . . . . . . . . . . ... . 50 1 2 vers . . . . . . . . . . . . . . . . . . . . . . . 50 10. 0 ver Conditions . . . . . . . . . . . . . . . . . . 51 iv 435974 Pass: 141 of 641 0610412000 11:40A Jefferson County, WA POPE RESOURCES RESO 606.00 10.50 Protection Standards . 51 10.501 General . . . 0 51 10.502 Habitat Management Plan .� 51 10.503 Drainage and Erosion Control 51 10.504 Grading . . . 52 10.505 Vegetation Retention 52 10.506 Buffer Marking . . , , . . . . , . . . 52 10.507 Buffers - Standard Requirements 53 10.508 Reducing Buffer Widths . . . . . 54 10.509 Increasing Buffer Widths . . . . . . . 54 10.510 Averaging Buffer Widths 0 55 10.60 Conditions . 55 10.601 General 55 10.602 Basis for Conditions . . . . . . . . . 55 SECTION 11: SPECIAL REPORTS .� 56 11.10 Waivers . . . . . . 56 11.20 General Contents . . , . . . . . . . . . 56 11.201 Scale Map and Written Repor 56 11.202 Impacts.Assessment 56 11.203 Protection Mechanisms 56 11.204 Preparer - Proof of Qua cations . . . . . . . . . . 56 .11.30 Consultants . . . . 11.301 Retaining Consu�&an . . . . . . . . . . .. . . . 57 57 W �./ 11.40 Responsibility . . 57 11.401 General . . . . , 11.402 Determining A ra Sufficiency 57 57 11.403 Nonacceptance o I a curate or Insufficient Reports 57 11.50 Aquifer Re ea Report . . . . . . . . . . . . . . . 57 11.501 Gener . . a . . . . . . . . . . . . . . . . . . 57 11.502 Qual a f the Preparer 57 11.503 Info t on a irements . . 57 11.60 Drainag sion Control Plan . . . . . . . . . . . . 58 11.601 Gele a . . . . . . . . . 11.602 Qu 1 fi a ions of the Preparer . . . . . . . . . . . . . . . . . . . . . . . . 58 58 11.603 f t on Requirements . . . . . . . . . . . . . . . 58 11.70 G e n al Report . . . . . . . . . . . . . . . . . . . 58 1 . 0 ne al a 58 lk,,7u ifications of the Preparer 58 r -111, 3 In ormation Requirements . . . . . . . . . . . . . . . 59 v ti 4359'74 0l10�l�an ,, :46A J�1��rson CpufltYiKi POPE RESOURCES PESO SSB.00 11.80 Grading Plan . . . . . . a 59 11.801 General . . . . . . . . . . . . . . . . . . . . . . . 59 11.80.2 Qualifications of the Preparor . . . . . . . . . . . . 59 11.803 Information Requirements . . . . . . . . . . . . . . . 59 11.90 Habitat Management Plan . . . . e . . . 60 11.901 General . 60 11.902 Qualifications of the Preparor 60 11.903 Information Requirements . . . . . . . . . . 60 11.100 Wetland Delineation Report . . . . . . . . 61 11.1001 General . . . 11.1002 Qualifications of the Preparor 61 61 11.1003 Information Requirements 61 SECTION 12: REASONABLE ECONOMIC 'USE VARI � . . 63 12.10 Application . . . . . . . . . . . . . . . . . . . 63 12.20 Notice . . . . . . . . . . ... . 63 12.30 Findings . . . . 64 12.40 Conditions . . , . . . . . . . 65 SECTION 13% LEGAL PROVISIONS 66 13.10 Violations . . . . O. 66 13.20 Remedies . . . . . 66 13.30 Severability . . . . . . . . . . . . . . . . . 67 67 13.40 Effective D . . . . . . . . . . . . . . . . • . 13.50 Adoption , 68 Appendix A: Cr l Ax a Review Bee Schedule . . i vi 1 2 3 4 5 -6 .7 8 9 10 11 12 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 ..28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -45 46 47 148 49 II�N�IwI���YIN�MURCES �'°�,p'�, J*f SECTION 1: PURPOSES Subsections: 1.10 Findings 1.20 Purposes 1.30 Field Guide 1.40 Enactment 1.50 Title 1.10 Findinas C) The Jefferson County Board of Commission t the following findings: State Le islat ad a Growth Management 1. The Washington S g Bill, Engrossed Substitute H Bi 929, now codified as Chapter 36.70A RCW, which, in art, r quires local governments to designate and regulate to ect c itical areas. 2. The Washington State De rtment Community Development has established an emergency u establishing minimum guidelines to classify and designate cri c areas, codified as Chapter 365- 190 WJLC. 3. In October of 1991he $dyer on County Board of Commissioners organized a citizen/r g up for the purpose of generating policy recommendatio ded to guide the preparation of an interim critical r gelation, in partial fulfillment of Chapter 36.70A R 4. Policy reco ons of the critical areas work group were forwarded oard in December of 1991, and the Jefferson County P ission submitted recommended revisions to the work 1 cY recommendations in January, 1992. 5. Followin ew and revision of the critical areas work group policy ations, the Board directed Planning Department staff q n drafting ordinance language for incremental review by th la n'ng Commission. 6. Th ng Commission began incremental review of draft c i areas ordinance sections in March, 1992; the draft �c on were designed to be incorporated outside of, and in d t n to, the County's existing regulatory framework and G1 1 7. In June, 1992, the Board directed Planning Department staff to 2 follow an alternative approach that would incorporate interim 3 critical areas protection measures into the County's existing 4 regulatory framework and procedures. 5 6 8. In September, 1992, Planning Department staff completed a draft 7 amendment to the County's State Environmen al Policy Act 8 implementing Ordinance that addressed QXA cri i al areas (the 9 "SEPA draft"); this "SEPA draft" was forwarded the Planning 10 Commission for review and report in October o pursuant to 11 Chapter 36.70.640 RCW; the Planning Commiss fo arded its 12 report to the Board in late October, 1992 13 ` 14 9. In the fall of 1992 Commissioners Larry th ' and B.G. Brown 15 failed to win re-election bids. 16 17 10. In November, 1992, the Boardd-hel wor hop with Planning 18 Department staff for the purpo f ing both the "BSPA 19 draft" and modifications reco e d b e Planning Commission 20 and staff, and directing final visi n prior to public hearing. 21 22 11. On December 7, 1992, the Board on t d a public hearing on the 23 "SZPA draft" for the pur ose of iving public testimony on 24 the proposal, and to meet procedural requirements of Chapter 25 36.70 RCW. 26 27 12. Approximately four hun r d ) members of the public were 28 present for the Dec a 7,/� 9 2 hearing, a large number of whom 29 voiced opposition t� taking action on the "BEPA draft" 30 prior to the newly 1 t Board members assuming office, as 31 well as to the co i and substance of the "SBPA draft" 32 itself. 33 34 13. On December 9 , Commissioners Dennison and Brown left 35 office wit d having taken further action on the "SEPA 36 draft." 37 38 14. In Janua 9 he Board, comprised of Chairman Richard Wojt 39 and new a ed Commissioners Robert Hinton and Glen 40 Hunting , h d workshops with Planning Department staff in 41 order a ie options and determine an appropriate course of 42 actio ega ing formulation of interim critical areas protection 43 measur s. 44 2 435974 Pass: 145 of 541 0510412000 11:40A Jefferson County, WA POPE RESOURCES RESO 508.00 1 15. On February 4, 1993, the Board adopted a motion to set aside the 2 "BEpA draft" and to produce a "stand alone" ordinance; on 3 February 8, 1993, the Board clarified and expanded its original "4 motion and consistent with its perception of community values, 5 directed that "to the maximum feasible extent the new draft y6 ordinance should be limited in coverage to those minimum 7 designations and minimum protection standards permissible under 8 the OKA. " 9 10 16. On March 19, 1993, Planning Department staff a dad a "stand 11 alone" draft interim critical areas ordinanc o t e Board for 12 review and revision. 13 14 17. On April 5, 1993, the Board held a o s w th Planning 15 Department staff for the purpose of re ng he "stand alone" 16 draft and identifying further revisio s c s prior to public 17 workshops; final revisions to the "s nd one ordinance draft 18 were directed by Commissionerp and Huntingford, 19 individually, during informal a ng staff on April 8 and 20 9, 1993. 21 22 18. During the period of April 28 r ay 4, 1993, the Board and 23 Planning Department staf held c workshops on the "stand 24 alone" ordinance draft i earwater, Chimacum and Quilcene for 25 the purpose of explaini he operation and effect of the "26 ordinance, and to rec a ormal public comment on the 27 proposal. y28 29 19. On May 28, 1993, tYi� o arded the "stand alone" ordinance 30 draft to the Plannin sion for review and report pursuant 31 to Chapter 36.70.6 R , the Planning Commission submitted its 32 report to the Bo o y 1, 1993. 33 34 20. On July 12 9 Board held a workshop with Planning 35 Department f he purpose of reviewing both the "stand 36 alone" o n c aft and modifications recommended by the 37 Plannin i i and staff, and directing final revisions 38 prior to u 1 aring. 39 40 21. On Nove 1 nd 22, 1993 the Board conducted a public hearing 41 on th t n alone" ordinance draft jfor the purpose of 42 recei i g blic testimony on the proposal, and to meet the 43 proce r equirements of Chapter 36.70 RCW. 44 -45 22. a er 22 1993, January 4 1994, January 14 1994 and January 46 0 99 the Board held public workshops with Planning Department 47 t for the purpose of reviewing testimony received from the 48 ve er 1993 public hearing and directing revisions to the draft 49 inance based upon this testimony and separately provided legal 50 r few. 51 3 435974 Pass: 146 of 541 1 23. On March 29, 1994, the Board conducted a public hearing on the 2 "stand alone" draft 17 for the purpose of receiving public 3 testimony on the proposal, and to meet the procedural 4 requirements of Chapter 36.70 RCW. 5 6 24. Critical areas which require regulation by Jefferson County are: 7 wetlands; areas with a critical recharging effect on aquifers 8 used for potable water; fish and wildlife habi t conservation 9 areas; frequently flooded areas; and geolog c lly hazardous 10 areas. 11 12 25. Implementation of appropriate design and g eer techniques 13 and practices are needed to avoid inco 1 elopment in 14 critical areas and prevent harm to the u ic. 15 16 26. Jefferson County is currently mitig is occurring in 17 these areas based upon the substant a t or y granted by the 18 State Environmental Policy Act, 4 2 19 20 27. Enactment of these regulatio wil rovide greater certainty 21 and predictability in the Cou 's a d use review processes. 22 23 28. Jefferson County is currently a ing to implement Chapter 24 36.70A RCW by initiatin comprehensive planning process in 25 order to formulate and a p a revised comprehensive plan and 26 compatible implementing re ions. 27 28 29. To protect the health s e and welfare of the citizens of 29 Jefferson County, d vent the possible conversion of 30 critical areas pr r t e development of final official 31 controls, these in gulations are necessary to protect the 32 integrity of the r sive planning process. 33 34 30. These regu1 n operate as interim land use controls 35 preserving u s planning options and will remain in 36 effect on 1 uch time as the County holds hearings and 37 adopts an t nd use controls implementing the revised 38 compreh n e 39 40 31. The def s and categories of critical areas in this 41 ordfn o orm with the requirements of the Chapter 36.70A 42 3lCW. 43 44 32. Th e e on County Board of Commissioners has reviewed and 45 c d ed the relevant provisions of Chapter 365-195 WAC in 46 el g the classification and designation criteria for 47 c cal areas within this ordinance. 48 49 h se regulations are designed to satisfy the requirements of 50 C pter 36.70A RCW with regard to all critical areas. Frequently 51 oded areas are protected through the Jefferson County 52 oodplain Management Ordinance (Ordinance No. 1-89), which is 4 1 incorporated by reference within this ordinance. The County 2 elected to protect frequently flooded areas through this 3 regulation due to the Floodplain Management Ordinance requiring 4 detailed description of proposed development in a flood hazard 5 area using all available data and it considering base flood flow, 6 coastal flood hazards, and increased flood flow due to 7 development. 8 9 34. Through studying the materials provided by legal view and fully 10 considering formal public testimony, tog t ith Chapter 11 36.70A.020 RCW, the Jefferson County Board i sioners has 12 determined that these regulations prop r al n e the GMA 13 composite goals by allowing tradeoffs am a om , social and 14 environmental values that are appropriat J fferson County. 15 16 35. These regulations offer effec_tiv o e i n of critical 17 environmental features without dim n sh n4 t e potential for is sustained economic development e f County. 19 20 36. Of the 1,161,644 acres of d i unincorporated Jefferson 21 County, approximately 61% is i Fe a al ownership, 17$ is in 22 State ownership, 10% is in p i ownership classified for 23 forestry uses, .7% is i triba ership, and 11.3% is in 24 private ownership not cl s fied for forestry uses. 25 26 37. These regulations allow a lopment to proceed -in a manner 27 consistent with the ri dividuals to peacefully use and „28 enjoy their prop ty 1 simultaneously regulating and 29 mitigating develop h 11 have adverse impacts on property 30 and the environment, a enefitting all the residents of the 31 County. 32 33 0 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 1.20 Purtiose - General 1. The purpose of this ordinance is to protect critical areas against development proposals that pose adverse environmental impacts which threaten public health, safety and welfare. In accomplishing this, the ordinance factors the composite goals of the Growth xanagement Act, Chapter 36.70A.020 RCR, and allows for tradeoffs among economic, social and envi ental values. None of the protections provided by the ordinan eek to confer an uncompensated benefit to the public. 2. The intent of this ordinance is to facili to a ceasing of relevant land use applications in a time �fh o ith minimum intrusion on individual freedom, and w th m mum consistency and predictability. 3. In the pursuit of fairness and equi fo bal cing individual and collective interests, th o e is dedicated to enhancing the quality of lit r itizens of Jefferson County. To aid the applicant in understtdin9 the purpose and requirements of this ordinance, the County has p ced a field guide which concisely addresses these issues. It is t t to note for legal purposes, however, that the field guide n regulatory device, being purely informational and entirel se a om the "Jefferson Count Interim Critical Areas Ordinance.�i 7 y The Jefferson Count mmissioners does hereby ordain and enact into law the foll w n�o ions. This ordinance Interim Critl,6 known and may be cited as the 11Jefferson County ordinance." 6 1 3 �4 5 t6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 .25 26 27 _2 8 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -45 46 47 -48 49 50 51 Subsections: 2.10 General 2.20 Tense and Number 2.30 Interpretation 2.40 Definitions SECTION 2: DEFINITIONS 2. 0 General For the purpose of this ordinance, certain interpreted or defined as set forth below. When not inconsistent with the co nte , word shall include the future tense, words s in the plural and the plural the singular. 1. The word "shall" is ma or 41 N wor terms shall be �D d in the present tense singular shall include 2. The word "should" ca hat which is recommended but not required. 3. The word "may" is e s ve. Definitio 1. ADMINIS a official appointed by the Jefferson County Board of o is hers to supervise operation of this ordinance and make ed administrative decisions. 2. AGGRI TY: one whose legal right is invaded by an act comp1 i ed o , or whose monetary interest is directly affected by d s n. 3. R O S: Fish that migrate up rivers and streams from the o e t breed in fresh water. 4 L : Any person, public agency, or business entity (e.g., c r oration or partnership) that submits a triggering application the County (see also, TRIGGERING APPLICATION). 7 air 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 435974 Pare; 150 of 541 05104120M 11:40A Jefferson County, WA POPE RE50l1RM RE50 595.00 5. AQUIFER: A saturated geologic formation that will yield a sufficient quantity of water to serve as a private or public water supply. 6. AQUIFER RECHARGE AREAS: Areas where soils and geological materials permit the infiltration of natural or artificial sources of water in rates and quantities suffic ent to recharge ' ground water reserves (see also, CRITICAL IFER RECHARGE AREAS) . 7. BEST MANAGEMENT PRACTICES: Conservation pr t systems of practices and management measures that: a. Control' soil loss and reduce wat it degradation caused by nutrients, animal waste, x nd sediment; and b. Minimize adverse impacts to sur t and groundwater flow, circulation patterns, an t e h mical, physical and biological characteristics o"c ica areas. 8. BIOLOGIST: A person who has im a Bachelor of Science degree in biological scienc s fro n accredited college or university, or a person who h s equi lent educational training and has experience as a practi i ologist. 9. BOARD: The Jefferson Cc�un Board of Commissioners. 10. BUFFER: A designated ar dnt to a steep slope or landslide hazard area that prot c lope stability, decreases surface water flows and an s azards reasonably necessary to minimize risk; or, a ted area adjacent to a stream or wetland that is an i 1 part of the stream or wetland ecosystem (see algo-, � D BUFFER) . 11. 12. 13. 14. CLEARING: /,The es �uction or removal of vegetation by mechanical ,i a r any other means. the use u existen property COUNT e f CRITI AS WENT: A legal instrument intended to formalize o a buffer through separately recording its *al records associated with a particular real son County. ADMINISTRATOR: See Administrator. 15. AQUIFER RECHARGE AREAS: Those aquifer recharge areas aZahighly susceptible to ground water contamination which agnated as critical areas by this ordinance (see also, A URECHARGE AREAS). RADATION: A deterioration or degeneration of a designated tical area or critical area functions and values. 8 435974 Jefferson County. WA POPE RESOURCES NESO 596-00 1 17. DELINEATION (wetland): The process of locating and marking a 2 designated jurisdictional wetland boundary in the field (see 3 also, WETLAND, JURISDICTIONAL and WETLAND, DESIGNATED). 4 5 18. DEPARTMENT: The Jefferson County Planning Department. 6 7 19. DEVELOPMENT: Any activity relating to the use f land, usually 8 resulting in a change of land use character wi in the site, 9 requiring issuance of a triggering permit from a County. 10 11 20. ENDANGERED, THREATENED OR SENSITIVE SPECIES. 1 species of 12 wildlife listed as endangered, threatene or sen i ive by the 13 Washington State Department of Wildlife. 14 C) 15 21. ENHANCEMENT: Actions performed to a he condition of 16 existing degraded critical areas (e. a or streams) so 17 that the functions they provide are o�h'gh quality. is 19 22. EROSION: The process whereby t lan rface is worn away by 20 the action of water, wind, is , or er geologic agents and by 21 processes such as gravitat o 1 r ep, or events such as 22 landslides. 23 24 23. EROSION HAZARD AREAS: as susceptible to erosion that are 25 designated as critical ar s y this ordinance. -26 27 24. EXCAVATION: The mecha 1 e oval of earth material. 28 '29 25. EXPANSION: Any enl-4� e ncrease or extension of an existing 30 land use that, in th 3 nt of the Administrator, measurably 31 increases impact t esignated critical areas thereby 32 threatening the l' health, safety or general welfare. 33 Emergency rgpai s tine maintenance, or operation of a 34 facility sh o onstrued as an expansion of the existing 35 land use. 36 37 26. FILL: o earth or other natural or man-made material 38 placed a t 'al.means. 39 40 27. FISH L FE HABITAT AREAS: Areas that are designated as 41 criti r as by this ordinance due to the presence of specified 42 anima pe 'es. 43 44 28. F E CTICES: Any activity conducted on or directly _45 t In' g to forest land and relating to growing, harvesting, 46 ro ssing timber, including, but not limited to: road and 47 tr construction; harvesting, final and intermediate; pre- ..48 c cial thinning; reforestation; fertilization; prevention 49 suppression of diseases and insects; salvage of trees; and 50 sh control. Forest practices do not include preparatory work, 51 s ch as tree marking, surveying and road flagging, or 52 emoval or harvest of incidental vegetation from forest lands 9 435974 Page: 152 of 541 Jeffermon County, WA POPE RESOURCES PESO Sm." I such as berries, ferns, greenery, mistletoe, herbs, mushrooms, 2 and other products which cannot normally be expected to result 3 in damage to forest soils, timber or public resources (see 4 Chapter 222-16-010(21) WAC). - 5 6 29. FUNCTIONS, BENEFICIAL FUNCTIONS, or FUNCTIONS AND VALUES: The 7 beneficial roles served by critical areas (typ tally wetlands) 8 including, but not limited to: water quality otection and 9 enhancement; fish and wildlife habitat; food cha n support; flood 10 storage, conveyance and attenuation; grou w recharge and 11 discharge; erosion control; wave attenua o , i torical and 12 archaeological value protection; and rec e i n. ( ote: These 13 beneficial functions are not.listed in er o ority). 14 15 30. GEOLOGICALLY HAZARDOUS AREAS: Area a susceptible to 16 erosion, sliding, or other geologica n s t are designated a 17 as critical areas by this ordinnce 18 19 31. GEOLOGIST: A person who has ed ree in geology from an 20 accredited college or universi y, o person who has equivalent 21 educational training and has o r or re years of experience as 22 a practicing geologist. 23 24 32. GEOTECHNICAL ENGINEER: acticing geotechnical/civil engineer 25 licensed as a profession 1 ivil Engineer with the State of 26 Washington who has fo ore years of experience as a 27 geotechnical engineer c g landslide and erosion hazard 28 evaluation. O O 29 30 33. GRADING: Any exca t filling or removing of the surface 31 layer of earth or h tural or man-made material. 32 33 34. GROUNDWATER: 1 a er found beneath the ground surface, 34 including o subsurface water present in aquifers and 35 recharge r 36 37 35. HAZARDO S S, or DANGEROUS WASTES: Substances that pose 38 a prese t t ntial hazard to human health or to the quality 39 of the ng water supply in the aquifer. system underlying 40 the Co improperly used, stored, transported, disposed 41 of, o e se mismanaged. Hazardous substances include those 42 mate i is i entified as hazardous waste in Title 40 CFR 261 or 43 defin d azardous substances in Title 40 CPR 302, and Chapter 44 1 - C. 45 46 36. I TENSITY LAND USES: Any of the following uses or 47 a i ties that require approval of a "triggering application": 48 single family residence on a legally created building lot 49 of less than one acre in size (including right-of-ways and 50 utility easements); 51 10 IIN�NN��I�IIIIIWII�I.",a,'•:=wJefferson County, WA Pon RESWACES RKSO SM. 00 1 b. Subdivision development with an average density greater than 2 one parcel per acre, including a pro rats share of common 3 open space and roads, and excluding tidelands; 4 c. Any new commercial or industrial development occurring 5 within a designated general commercial, light industrial, 6 or light industrial\commercial zone and regulated under the 7 Jefferson County Emergency Zoning Ordiaa ae, No. 1-0106- 8 92, that exceeds seven hundred and fifty { ) square feet; 9 d. Multi -family residential development lated as a 10 conditional use under section 91 sub ec n 3(a) of the 11 Jefferson County Emergency Zoning Or No. 1-0106- 12 92; 13 e. General'commercial development re to s conditional 14 use under section 9, subsection 3 (b) Jefferson County 15 Emergency Zoning Ordinance, No. - - ; and 16 f. Heavy industrial development re a conditional use 17 under section 9, subsection 3 c o the Jefferson County 18 Emergency Zoning Ordinanc , o. 1 6-92. 19 20 37. HYDRIC SOIL: Soil that is tura , flooded or ponded long 21 enough during the growing sea to a slop anaerobic conditions 22 in the upper part. The pr a of hydric soil shall be 23 determined following t metho described in the Corps of 24 Engineers Wetland Deline t n Manual, Technical Report No. 25 Y-87-1. 26 27 38. HYDROGEOLOGY,.HYDROGEO C HYDROGEOLOGIC:.The science, or 28 related to the ie at deals with the properties, 29 distribution and cir a i of water through geologic material. 30 31 39. HYDROPHYTIC VEG T O Macrophytic plant life (i.e., plant 32 life large en o be perceived or examined without 33 instrumenta n) o i g in water or on a substrate (i.e., a 34 layer of ne h the soil surface) that is at least 35 periodica 1 1 ient in oxygen as a result of excessive water 36 content. 37 38 40. IMPERVI S S E: A constructed, hard surfaced area that 39 either p e is or retards the entry of water into the soil 40 mantl as u r natural conditions prior to development, or a 41 hard rfc d area that causes water to run off the surface in 42 great q tities or at an increased rate of flow from the flow 43 pr der natural conditions prior to development. 44 I r 'ous surfaces include, but are not limited to: roof tops; 45 ; patios; driveways; parking lots or storage areas; 46 n e e or asphalt paving; packed earthen materials; and oiled 47 r cadam surfaces which similarly impede the natural 48 1 fi tration of stormwater. 49 50 4 DSLIDE: The downslope movement of a mass of slope materials 51 ncluding rock, soils, artificial fills and vegetation. 52 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 I�b7"a����1I���1�.as.m Jeffersonm500.00 42. LANDSLIDE HAZARD AREAS: Areas that are susceptible to sliding which are designated as critical areas by this ordinance. 43. LOW INTENSITY LAND USES: Any of the following uses or activities that require approval of a "triggering application": a. A single family residence on a legally created building lot with a minimum lot area of one acre or gr ter in size; b. Subdivision development with an average nsity of less than one parcel per acre, including a pr ata share of common open space and roads, and exclu elands; c. Any new commercial or industrial d e e occurring within a designated general commerc a igh industrial, or light industrial/commercial zone d 1 ed under the Jefferson County Emergency Zoning r ce, No. 1-0106- 92, equal to or less than save and fifty (750) square feet; d. Signs regulated as a conditi 1 u e nder section 9, subsection 3(d) of the J s n ty Emergency Zoning ordinance, No. 1-0106-92 e. Home businesses regulate s co d tional uses under section 9, subsection 3(e) of th ffe s n County Emergency Zoning Ordinance, No. 1-0106-92; a f. Temporary activitie and st res regulated under section 10 of the Jefferso C aty Emergency Zoning ordinance, No. 1-0106-92. 44. MARINE BLUFF: A steep i n% slope that abuts and rises from a marine shoreline F rposes of this ordinance, marine bluffs include are he a slope is equal to or in excess of forty-five (45) perc t, here the ground surface rises forty- five (45) feet or r v tically within a horizontal distance of one hundred ( 0 e . 45. MINOR PRUN a ting and removal of dead or living parts or branch a 1 , shrub, or tree that, in the judgment of the Admi tr t , will not measurably increase impacts to a designa a i 'ca area or its buffer. 46. MITIGATI voiding, minimizing, rectifying, or compensating for ad r tical area (e.g., wetland) impacts. Mitigation, in th i wing order of preference is: a. v g the impact altogether by not taking a certain c n or parts of an action; M%iimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate echnology, or by taking aff irmative steps to avoid or reduce impacts; Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; and 12 435974 Pass: 156 of 541 00104/2000 11:40A daffarson County, WA POPE REBU RCEB REBO 606.00 1 d. Compensating for the impact by replacing, enhancing, or 2 providing substitute resources or environments. 3 4 47. MONITORING: The collection and analysis of data for the purpose 5 of documenting changes in natural ecosystems and features. 6 Monitoring includes gathering baseline data -and follow-up data ` 7 to evaluate the impacts of development on biolog'cal, hydrologic 8 and geologic elements of ecosystems and featur and assessing 9 the performance of required mitigation measure 10 11 48. NATIVE VEGETATION: Vegetation that is indi s o the North 12 Olympic Peninsula. 13 14 49. NATURAL CONDITION: The condition of a r f real property 15 immediately prior to any site prepara ading, including 16 excavation or filling. 17 1s 50. ORDINARY HIGH WATER MARK: The k o lakes, streams and 19 tidal waters that will be fou exa ng the beds and banks 20 and ascertaining where the pr ence d action of waters are so 21 common and usual and so long c inu din all ordinary years, as 22 to mark upon the soil a char c astinct from that of the 23 abutting upland in respec to veg on as that condition exists 24 on June 1, 1971 or as it m naturally change thereafter, or as 25 it may change thereafter i cordance with permits issued by a 26 local government or the h on State Department of Ecology: 27 Provided, that in any a h e the ordinary high water mark 28 cannot be found, e ilhwar high water mark adjoining salt 29 water shall be the o n higher high tide and the ordinary 30 high water mark adjo' i esh water shall be the line of mean 31 high water. 32 33 51. PARCEL: A laaall, re ed lot, parcel, or tract of real property 34 in which t / d is def ined by a deed recorded in the 35 Jefferson torts Office; or, a legally created lot, 36 parcel, tr c o real property that has been defined by a 37 survey a rsuant to Washington State surveying or 38 plattin la s. 39 40 52. PRIORI C ES: Those species that are State -listed 41 endan , threatened, sensitive, candidate and monitor species 42 as we as riority game and nongame species. 43 44 53. P T A measure, or set of measures, designed to conserve .45 a i lar area and the naturally occurring processes directly 46 ci ed with it. 47 .48 5 V A small, narrow, steep sided land form generally having 49 1 tie or no floodplain and deeper than ten (10) vertical feet 50 s measured from the centerline of the ravine to the top of the 51 s ope. Ravines are created by the wearing action of streams. 52 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 435974 Jefferson County. NA POPE MOURCES 41 PE504/6 �1640A 55. REASONABLE ECONOMIC USE: A legal use that has been articulated by Federal and State courts in regulatory takings cases. 56. RESTORATION: Actions taken to return a critical area (e.g., wetland or stream) to a state in which its stability, functions and values resemble its unaltered state as closely as possible. 57. ROAD OR STREET: Any vehicular right -of -way th s: an existing State, County, or municipal roadway; a public owned easement shown upon a plat or binding site plan a ed under the Jefferson County Subdivision Ordinance, No. 52 92, as amended; or a private access greater tha f y ) feet in length serving more than one property o h r t of use or easement. The road or street shall in u 1 land within the boundaries of the road right-of-way t 's proved. 58. SALMONID: Any fish belonging to - l e a it Salmonidae. In Jefferson County these includ C i Salmon; Cohn, Salmon; Chum Salmon; Sockeye Salmo ; in lmon; Rainbow Trout; Steelhead Trout; Brown Tro t Br o and Dolly Varden Char; Kokanee; and Whitefish. 59. SLOPE: An inclined grou d sur the inclination of which is expressed as a ratio (i e. percentage) of vertical distance to horizontal distance by t llowing formula: horiz 60. SPECIAL REPORTS: critical area r include: aquife control plans; management plan* 61. STATE EN law (8ta and th legisla x 100 = % slope. o� i� orts that are required as part of w this ordinance. Special reports ��e a e area reports; drainage and erosion �t' h cal reports; grading plans; habitat m etland delineations/reports. OLICY ACT, SEPA, OR SEPA RULES: The State ental Policy Act of 1971, Chapter 43.21C RCW) es (Chapter 197-11 WAC) implementing that 62. STREAM *_ t1kose areas where surface waters flow sufficiently to produ a ned channel or bed. A defined channel or bed is an a e t a demonstrates clear evidence of the passage of water and s but is not limited to: bedrock channels; gravel b `sand and silt beds; and defined channel swales. This 'on is not meant to include irrigation ditches, canals, s rm r surface water runoff devices or other entirely a t icial water courses unless they are used by anadromous or al id f ish or used to convey streams naturally occurring prior t construction. This includes Washington State Department of \ ural Resources stream types 1-5 as set forth in Chapter 222- -030 WAC. 14 435974 WA POPE RESOURCES RESO SOO-00 1 63. STRUCTURE: A permanent or temporary building, or any piece or 2 work artificially built or composed of parts joined together in .3 some definite manner, whether installed on, above, or below, the 4 surface of the ground or water. 5 .6 64. SUBDIVISION: Any division of land regulated under the Jefferson 7 County subdivision Ordinance, No. 4-0526-92, as amended. 8 9 65. SUSCEPTIBILITY: The ability of the physical en i onment to 10 transmit contaminants to groundwater (e.g., so' terials and 11 degree of slope). 12 13 66. TOE OF SLOPE: A distinct topographic br } i�i to Where no 14 distinct break exists, this point shallhe ower most limit 15 of the landslide hazard area. 16 17 67. TOP OF SLOPE: A distinct topographi re k in slope. Where no is distinct break in slope exists, p i all be the uppermost 19 limit of the landslide hazard a. 20 21 68. TRIGGERING APPLICATIONS: ap ications set forth in 22 subsection 3.30 of this ordinan a are subject to the 23 provisions of this ordin e. Tr i eying applications include: 24 applications for rest n al, industrial and commercial .25 structures (including add i s and renovations), towers and 26 above ground storage to a e under the Jefferson County 27 Building Code Ordinance a pl a ions for sewage disposal permits _28 made under the Jef rs y Rules and Regulations for On- 29 site Sewage Dispo By , approvals under the Jefferson 30 County Emergency Zo i rdinance, No. 1-0106-92, or any 31 permanent zoning c o a pted or amended thereafter; approvals 32 under the Jeffer n y Subdivision Ordinance, No. 4-0526- 33 92, as amend a p ov s under the Jefferson County Camper Club 34 Ordinance, 0, as amended; and shoreline substantial 35 developmen i and permit exemptions under the Jefferson- 36 Port To d bo a ins Management Master Program. 37 38 69. UTILITIE d improvements, including structures and 39 facilitie t t convey, generate, transmit or distribute power, 40 gas, o' , , sewage, surface drainage, or communication 41 sign s. 42 43 70. VE O Any and all living plant species growing at, below, 44 0 o e he soil surface. '45 46 71. Areas that are inundated or saturated by surface water 47 r and water at a frequency and duration sufficient to '48 u po t, and that under normal circumstances do support, a 49 p e alence of vegetation typically adapted for life in saturated 50 o 1 conditions (i.e., hydrophytes). Wetlands generally include: 51 amps; marshes; bogs and similar areas. Wetlands do not include 52 those artificial wetlands intentionally created from nonwetland 15 435974 001041s 00 i1640A Jefferson County, WA POPE MOl1 = RESO sm. I sites, including, but not limited to: irrigation and drainage 2 ditches; grass -lined swales; canals; detention facilities; waste 3 water treatment facilities; farm ponds; and landscape amenities. 4 However, wetlands may include those artificial wetlands 5 intentionally created from nonwetland areas to mitigate 6 conversion of wetlands, if permitted by the County. 7 • 8 72. WETLAND BOUNDARY: The boundary of a wetland established by 9 using the Corps of Engineers Wetland Del ation Manual, 10 Technical Report No. Y-87-1. ll 12 73. WETLAND BUFFER: A designated area adja nt to etland that 13 protects, and is integral to, the wetla e s Buffers 14 provide shading, input of organic debr nd oarse sediments, 15 room for variation in stream or wetly b un rise, habitat for 16 wildlife and protection from harmfu t o necessary to 17 protect the public from losses suf a ed w en he functions and 1s values of aquatic resources ar g a 19 20 74. WETLAND, DESIGNATED: Design d we nds are those class I, II, 21 III and IV jurisdictional w t ands t at are regulated by this 22 ordinance (see WETLAND, JURI I I ). 23 24 75. WETLAND, JURISDICTIONAL Those wetlands that meet the three 25 criteria defined in the o s of Engineers Wetland Delineation 26 Manual,., Technical Report o. Y 7-1. (i.e., hydric soils, wetland 27 hydrology and hydrophy c e ation). 28 29 76. WILDLIFE: All sp c s t animal kingdom whose members exist 30 in Jefferson Count e ild state. 31 0 16 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SECTION 33 SCOPE Subsections: 3.10 Coverage 3.20 Relationship to Existing Regulations 3.30 General Applicability 3.40 Exemptions 3.50 Non -Conforming Uses 1. These regulations shall apply to a ti ns for proposals requiring any one of the permits o a v is (hereinafter referred to as "triggering applicati n ") t f rth in subsection 3.30, below, for a project a c 1 of real property containing a designated cr 1 or its buffer. In instances where a proposal i olve parcel of real property with more than one critical a o itical area buffer, the standards that pertain to eac ified critical area shall apply. When provisions of th dinance conflict with one another, or when provis n of this ordinance conflict with any other local law, the prov i that provides more protection to the critical area sha a No triggering application involving a designated c t a area shall be approved unless it is determined to bi nce with this ordinance. 2. Any action taken itical Area designated under this ordinance that i o ation of the standards and conditions contained herein ssly prohibited. 0 t Except where a c i tent clearly appears, the provisions of this ordinance shall b co ed to the maximum feasible extent consistent with Federal, S e nd local law. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 435974 page: 160 e1 541 0910412M 11:40R JaTfarean County. WA POPE RESOURCES PESO 099.00 Applications for the following permits or approvals shall be considered triggering applications under this ordinance: 1. The following applications for Building Permits made under the Jefferson county Building code Ordinance: Single Family Residential: Mobile; Modular • k Frame; Additions Multi- Family Residential: Duplexes; Four a ondominiums; Apartment Ho Commercial, including additions Industrial, including additions (Radio and Cellular) Towers Above Ground Storage Tanks Additions and Renovations �J 2. Applications for Sewage Dis sal a its made under Jefferson County Ordinance No. 277, u as n Regulations for On -site Sewage Disposal Systems, or n r inance adopted or amended thereafter. 3. 4. 5. 6. Applications for approval,,under the Jefferson County 8mergenay Zoning Ordinance, No. 1%0�0�-- , or any permanent zoning control adopted or amended the t e Applications for 6] Ordinance, No. 4-0 Applications f Ordinance,,fQ. Applicat permit (Note: listed g reu a 1(_ der the Jefferson County subdivision " s amended. 'Al under the Jefferson County Camper Club 0,2 s amended. USreiine substantial development permits and under the Jefferson -Port Townsend Shoreline ?roaram. twits for any one of the triggering applications ,could refer to sections 6, 7, 8, 9 and 10 of these determine the precise rules of applicability). 18 T',e.' -W 1 2 3 4 5 6 .7 8 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -2 6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 47 _4 8 49 3.40 Exemptions 1. The following applications for building permits issued under the Jefferson County Building Code Ordinance, No. 1-0208-93, are exempt from the provisions of this ordinance: Alterations Underground Storage Tanks Woodstoves Propane Storage Tanks for single family hous obile homes Title Eliminations on existing mobile homes 2. Building lots created under the provis s o Jefferson County Subdivision Ordinance, No. 4-052 9 s amended, where the subdivision application for said s been reviewed pursuant to this ordinance, shall b emnt m critical area review and the provisions of this or an if documented compliance of the subdivision standards of this ordinance is provided at the a ation is made for a building permit. 1. Any use or structure in i ence on the date this ordinance becomes effective that do t eet the buffer -requirements of this ordinance for a ated critical` area shall be considered a legal on o cam g use. 2. Any use or structure o U h an application has vested or for which a permit has been b ained prior to the date this ordinance becomes effective t s not meet the buffer requirements of this ordinan e n designated critical area shall be considered a reforming use. 3. A legal ng use or structure may be repaired or maintain 'th ut imitation by this ordinance. 4. A legal n c fo ing use or structure that has been damaged or destroy �p 're or other calamity may be restored and its ly immedi rer vious use may be resumed. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 435974 Pass: 162 of 641 0910412000 11:40A Jefferson County. WA POPE RESOURCES R260 600.00 SECTION 4: ADKINISTRATIVE AUTHORITY AND RESPONSIBILITY Subsections: 4.10 Planning Department 4.20 Department of Public works 4.30 Hearing Examiner 4.40 Board of County Commissioners 1. 2. The Planning Department shall have responsibilities regarding the pr+ applications that are subject to crit c ordinance. Specifically, the Criti a his/her designee shall be empoweredi c administrative rn of triggering : r view under this is dministrator or a. Review triggering applic ions d determine the probable existence of critical are or c i ical area buffers on the parcel involved in the tr g application; b. Make administrative determ ons regarding waivers and exemptions from the a egulations; c, verify the accuracy a efficiency of all special reports required under thes a tions, including critical area boundary and buff: a nations; d. Review all tri e i /ap ications that are subject to the provisions o i b inance for conformance with the standards of th r nce; eo condition, or d conditions of approval that ensure conformance h e purposes and standards of this ordinanc f. Proces r g pplications subject to these regulations in a stent with the procedures outlined in the ordi g e ing the triggering application; and g. Sus a ke triggering permits when a permittee has vio a d e conditions or limitations of the triggering pe r as exceeded the scope of work approved. Additi 1 e Critical Areas Administrator shall be empowered to co s ru r interpret vague or incomplete terms within this ordina c onsistent with the overall intent and purposes of th a ations. Furthermore, the Administrator shall have o r to prescribe specific administrative rules and o ed s related to the implementation of these regulations. terpretation, rule or procedure promulgated by the A i trator shall take effect immediately, subject to the fro isions set forth below: ac 435974,. ,: Jefferson County, WA POPE RKSOMCES RESO SM. 00 1 a. Within thirty (30) days of the establishment of an ordinance 2 interpretation, rule or procedure, the Planning Commission .3 shall review the interpretation, rule or procedure and 4 transmit a written report to the Board recommending 5 affirmance, modification, or rejection; .6 7 b. Within fourteen (14) days of receipt o the Planning 8 Commission's report, the Board shall exami a the report at 9 a regularly scheduled public meeting and of i , modify or 10 reject the interpretation, rule or proce u mulgated by 11 the Administrator. 12 13 14 4.20 Dgpartment o Puc 15 16 1. The Department of Public Works, s ew triggering 17 applications subject to these regulat 6ps n a m nner consistent 18 with the procedures outlined h ante governing the 19 triggering application. 20 21 2. The Department of Public -Works s all ssess the same authority 22 and responsibility as set fort i ordinance governing the 23 triggering application. 24 .25 3. The Department of Public Wo shall establish requirements for 26 the submission of draina osion control plans. 27 28 4. The Department of i shall review special reports that 29 are within the Depa n ange of expertise, and shall make 30 appropriate recommen a to the Administrator thereon, 31 consistent with thg-p-4rp and substantive requirements of this 32 ordinance. 33 0 34 0 egring Examiner 35 36 1. The Heari x in hall review triggering applications subject 37 to these tons in a manner consistent with the procedures 38 outlined 'n a inane governing the triggering application. 39 40 2. When t Examiner is required to hold a public hearing 41 by th r n nce governing the triggering application, the 42 Exami e s 11 consider all relevant critical area issues and 43 sha n i ion, or recommend conditions of approval that ensure 44 co nce with the purposes and standards of this ordinance. "4 5 46 3. ea ing Examiner is hereby assigned the functions, powers 47 uties incident to holding hearings and making 48 e o endations to the Board on the approval or disapproval of 49 a p als of administrative determinations made under this 50 inance. 51 21 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Jefferson County, :: 4. The Hearing Examiner is hereby assigned the functions, powers and duties incident to holding hearings and making final decisions on the approval or disapproval of reasonable economic use variance applications under this ordinance. 7 •sV L7YaLY VL rV raii V,. .Y luaulOO1V1�Gi0 1. When required by the ordinance governi t e triggering application, the Board shall: a. Generally find whether or not th os 1 adequately protects the public health, safe nd. we fa ; b. Ensure that the proposal confo the ordinance governing the triggering applic n the purposes and standards of this ordinance; a c. Enter written findings demon st a in that the proposal is consistent with the provi o s f s ordinance. 2. The Board shall make final eci o s regarding appeals of administrative determination de der this ordinance, upon receipt of a recommendation fr a earing Examiner. 3. The Board shall hold hea n and make final decisions on appeals of reasonable economic u riance applications approved or disapproved by the Hear ner under this ordinance. 0 0 0 22 1 2 .3 4 5 �6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 -28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 435974 Paso: M of 641 0810412M 11:40A Jefferson County, WA POPE RESOUNCE6 RE60 690,00 SECTION 5: PROCESS AND ADMINISTRATION Subsections: 5.10 5.20 5.30 5.40 Critical Process Critical Area Review Requirements Review of Critical Area Applications Area Determination 'c o • Upon submittal application, the Administrator shall determi of critical areas on the parcel involved in t Administrator shall review and consider all p information in determining the probab a is including, but not limited to: criti are prepared by the Department; data so c s re e ordinance; and the results of field i sti a Department. If critical areas or crit'ca. exist on a parcel, the provisio of thi sec relevant sections of this ordina c shall app K_Inl Advano-e Determination: the future development of a p, has been submitted nor ist future, an Advance Determ areas or buffer areas on the Determination shall be oft o a�tx` gering e bable existence c tion. The ly available of critical areas, s and inventories ced within this ns conducted by the buffers are found to n. and all other y�de assistance in=planni r which no triggering ap; 'to be submitted in the he probable existence of available. This Advance binding, and non -binding. ce e t' A non binding advance 1 be based on an informal interpretation maps and inventories prepared by the sources referenced within this ordinance; f field investigations conducted by the intended to be used for reference only, represented or construed to be legal, Actual critical areas may be more or described. Binding advance determination as tical area or buffer on a parcel y be obtained by the property ow ividual acting under the clear w Dronertv owner. 23 :he presence of a real property may or by a firm or en authority of 435974 Paget 166 of 541 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ii. A binding advance determination shall specifically delineate critical areas and critical area buffers found on a site. Such delineation shall involve, as appropriate, a site inspection, study of site characteristics, and production of a summary report detailing the results of the investigation. Any final document submitted to the owner of the su ject property, or their authorized representative, shal a clearly identified as being produced for the bind n advanced determination. 5.20 Pr_Qcess 1 ) 5.201 Process - General._ Whenever a triggeri p.'cation is submitted for a project on a parcel of real t and where available information suggests the presence a c t cal area or critical area buffer, the Department shall, s o n practicable, undertake a site inspection to gather i 'o information for determining the existence of a crib a rea uffer on the subject property. Should review of this inf atf n together with any other available data identified in subsect' 5. 0 above, confirm the existence of a critical area or crib a buffer on the property, the provisions of this ordinanc shall plemented in conjunction with the processing of the tri;er"ing application. 5.202 Permit Reauired: Unles ordinance pursuant to section requirements of this sect on, public agency shall un=4 e critical area or its buffs valid permit or approval�r provisions of this ordi eye from the provisions of this d/or exempt from the r on, party, firm, corporation or velopment proposal within a the work is in accordance with a County issued pursuant to the 5,203 • , o%l�o ing shall be exempt from the provisions of this section � istrative rules: 1. g ir%f application submitted fo subj o E ..review, provided that the stand co aimed within this ordinance 2. r projects that are development are incorporated as 't'gations where appropriate. 11 t Triggering applications submitted fo cts previously subject to SEPA review, provided t e previous SEPA review evaluated the type and extent o velopment currently proposed for the subject property n is impacts on any critical areas. 24 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 435974 Pass: 147 of 541 O910412OOO 11:4OR Jefferson County, MR POPE RESOURCES PESO SSS.00 3. prior Critical Area Rgyiew: Triggering applications submitted for projects previously subject to critical area review, provided that the previous critical area review evaluated the type and extent of development currently proposed for the subject property and its impacts on any critical areas, and no substantial change has occurred to the subject property since the time of criti al area review. 4. Waivers:, Triggering applications for pro ec s that have received a Waiver consistent with the re a is of Section 6.40, 7.40, 9.40, 10.40 and 11.�o hi ordinance. subject to triggering applications shall whether the site involved contains an o identified in this ordinance. where e that a critical area or its buffer i r critical area or buffer, or the Coun critical area or buffer exists on the i requirements are applicable. i a4 for projects equ edt o identify e ical areas 1he applicant indicates , the area is mapped as a reasonable belief that a below -listed Cgnsultati y person intending to apply for a triggering application involt signated critical area or its buffer is encouraged, but not , to meet with the Department during the earliest possief project planning in order to discuss critical area imp e, minimization, compensation, and the required elements o ical area review and mitigation before large commitments a e e n made to a particular project design. Effort put int re ication consultations and planning will help applicants�cr a e r jects that will be more quickly and easily processed. /_�� e e e s: Applicants shall submit the following info o submission of their triggering application, or, upon notifi at on t critical area review is required: 1. Any p 341l reports required pursuant to sections 6, 71 8, 9, of this ordinance. 2. scr` tion of the vegetative cover of the critical area a Jacent areas, including the significant species and Ana vegetation. ite plan for the proposed activity at an easily readable s ale showing the location, width, depth and length of all existing and proposed disturbed areas, structures, roads, stormwater management facilities, sewage treatment facilities, and installations within the critical area or buffer (if applicable); to assist in timely permit 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 435974 Jefferson Coumty, WA POPE REGOLORCES PESO See -as processing, applicants are encouraged to overlay site plans from aerial photographs, which are available upon request from the Department of Public Works for certain areas of eastern Jefferson County. 4. A description of the specific means proposed adverse environmental impacts of the proposa the substantive requirements of this ordinary 1. If the ordinance governing the trigge not require that a public hearing be h review process, but does require r(7cr4i application, the public notice of end also include notice of any pendin 2. If a public hearing is hel such hearing shall include issues under this ordinanc Reports - General: The Admini shall verify information s�bmi nature and type of critic determine whether the propo standards contained withi h mitigations proposed by a purposes, objectives and equ or deny the applic; rz application, conformance ordinance. relating to 1. A d cri to mitigate ,, based upon lip-4tion does part of the e of pending lication shall rea review. ggtring application, tion of critical area r�s part of the review process the applicant; confirm the evaluate applicable reports; nsistent with the development nance; determine whether any t are consistent with the s of this ordinance; and approve Nc i approving or denying a triggering permit i cal area review, shall be strictly based on a dards and requirements contained within this io s shall be supported by findings of fact th9t-$ta'n4aXds and requirements of this ordinance. roving a permit application involving a designated or its buffer shall incorporate the following 26 1 a. Approved protection mechanisms addressing specifically 2 identified adverse environmental impacts of the proposal, 3 based upon the substantive requirements of this 4 ordinance; and 5 6 b. Buffer marking requirements, if applicable. 7 8 2. Conditions of approval required by Critical a review 9 shall be incorporated as conditions of app ov 1 in the 10 triggering permit. 11 12 C)13 end Antie 1 of Administrative___QQcisions: 14 15 1. Conditions imposed through critical are re a triggering 16 application made under any of the foll wln o d nces may be 17 appealed using the procedure set fo th i t ordinance governing 18 the application: 19 20 The Jefferson County Emergency o ing r inance, No. 1-1006-92, 21 or any permanent zoning control d to r amended thereafter; 22 23 Applications for approval er the Jefferson County Subdivision 24 ordinance, No. 4-0526-92, a a ended; -25 26 Applications for approval Jefferson county Camper Club 27 Ordinance, No. 3-80, as a _28 29 Applications for shor i u tantial development permits and 30 permit exemptions unde efferson-Port Townsend Shoreline 31 Management Master P 32 33 2. Conditions imp ca s h critical area review of a triggering 34 application e u y of the following ordinances may be 35 appealed to e i g Examiner, who shall review the 36 applicatio ke ecommendations as provided under 37 subsection a 4.40 of this ordinance: 38 39 The Jeffers o ty Building Code Ordinance; 40 41 Jefferso Co n y Ordinance No. 277, Rules and Regulations for on-- 42 site Saw i posal systems. 43 44 3. Appe o administrative decisions made under subsection 5.404.2 45 of s inance may be made only by the applicant for the 46 a ng permit or approval. 47 27 435974 Paso: 170 of 541 99/0412000 11:40A Jefferson County, MIA POPE RESOURCES RESO 599.00 1 5,405 Time Period for Review and Amproval: Any time period specified 2 for review and approval in an ordinance governing a triggering 3 application shall not begin to run until critical area review under 4 this ordinance is completed. This subsection shall not be construed 5 in any way to delay vesting under Washington law. 6 7 J.406 Fees._ Fees for critical area review, site investigations and 8 determinations and critical area report preparation s 11 be as set 9 forth in Appendix A. 10 11 0 0 28 1 2 3 4 5 _6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -25 26 27 -28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -45 46 47 �48 49 50 435974 Pay.; 171 of 541 Jefferson County, WA POPE RESOURCES U/04/7000 11:40R RENO 599.00 SECTION 63 WETLANDS Subsections: 6.10 Introduction 6.20 Purpose 6.30 Classification/Designation 6.40 Applicability and Waivers 6.50 Protection Standards .. .f Wetlands in Jefferson County are characters tolerant plants (I.e., hydrophytic vegetatf either saturated or inundated with wat c time during the growing season. A we quality and stormwater control by tra ing ground water. Wetlands also provide a uak wildlife. Because of the difficulty i kel valuable areas, these regulationcontro adjacent to specific high qualit lands. To protect the public fr wetlands and streams'as floodwater conveyance, h control, pollution contr recharge. The purpo of subordinate to the 51.201. —by yMr�c soils, aster-- n surfaces that are cified period of vely impacts water ,filtering surface and habitat for fish and ,ing these rare and ,lopment within and �eserving the functions of groundwater, flood storage, r fish and wildlife, sediment ce water supply, and aquifer inance section is, however, e of this ordinance as stated in For the purposes of this ordinance, wetlands 11 be clas f ed using the Washington State Department of Ecology's I A„A TiA+;., r., m for western Washinat-oc. October, 1991 ed. As determined using the Washington State Departm o E ology's wetland Rating System for Western Washington, Oct , 9 ed., class I wetlands, class II wetlands 2,500 square feet r a e in size and class III and IV wetlands 100000 square feet o 1 a r in size shall be subject to the standards of this 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 435974 Pass: 172 o1 541 05/04/2000 11:40R Jefferson County, A POPE RESOURCES RESO 600.00 6.303 Sources Used for Identifigal;ion: Sources used to identify designated wetlands include, but are not limited to: 1. United states Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory. 2. Areas identified as hydric soils, soi1w with significant soil inclusions and "wet spots" within the ted States Department of Agriculture/Soil Conservation ice Soil survey for Jefferson QU= 3. Washington State Department of Natural es rce , Geoaranhic 6.304 Wetland Maps:_ The wetland maps prepared h ounty using the identification sources listed in subsection 6 0 v been produced for informational purposes only and are not eg to devices forming an integral part of this ordinance. 6.40 A221. i(t L--- d Ig Jyers 6.401 &Mlicability: Critical area r shall be required for any triggering application for a pr ct on a parcel of real property containing a designated wetland is buffer, unless waived under subsection 6.402, below. 6.402 waivers: The prow io t is section shall not apply when the applicant demonstrate t e atisfaction of the Administrator, that all building sites an c related improvements (including any clearing or grading a t will be located outside of any designated wetland or i�fA . subsection 6.402, approval which e encroach upon approval may i delineations; o portrayal of b c of final shor (7 V order to secure compliance with Administrator may require conditions of portion of the proposed development will s wetland or its buffer. Conditions of not limited to: partial wetland alvation easements; and the graphic nvelopes and related improvements on the face g e plats and binding site plans. A triggering application for a project on a parcel of )retaining a designated wetland or its buffer shall iquirements set forth below. 30 1 2 3 4 5 7 9 10 it 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 433974 Pap: 173 of sot oe10412M 11:40A Jefferson County, WA POPE RESOURCES RESO SM.N : An applicant submitting a triggering application shall also submit, and have approved, a wetland delineation report as specified in section 11 of this ordinance. Additionally, the following provisions shall apply: 1. The location of the wetland and its boundary determined through the performance of a fiel utilizing the methodology contained in the C Engineers Wetland Delineation Manual, Tech Y-87-1. 7 2. If the wetland is located off of the the triggering application and is in information available shall be used boundary and class. 3. After approval of the delineation r� boundary shall be staked and/-l�g d ss shall be investigation � s of 4 Report No. involved in e, he best ine the wetland I, the wetland the field. 6,503 Drainage and Erosion :f nap 1'cant submitting a triggering application shall also sub i a d have approved, a drainage and erosion control plan as s ec d in section 11 of this ordinance. The plan shall disc , eval a and recommend methods to minimize sedimentation of desig t wetlands during and after construction. : Upon a v f the delineation report the location of the outer exten tland buffer shall be marked in the field as follows: VV� 1. A permanent ph all aration along the upland boundary of the wetland bu er a shall be installed and permanently d maintaineS aration may consist of logs, a tree or hedge ro o er prominent physical marking approved by the Adm n r. 2. Buffe ers shall be marked with temporary signs at an inte 1 f per parcel or every one hundred (100) feet, whiche less. Signs shall remain in place prior to and dur g ed construction activities. The signs shall co e following statement: "Wetland & Buffer - Do Not Re o e r Alter Existing Native Vegetation." 3. ce to title shall be recorded with the Auditor, using rm approved by the Prosecuting Attorney (included as ix B of this ordinance). 31 435974 Paso: 174 el 541 Jefferson County, WA POPE RE60URCE6 RE60 r6l6.601:40A 1 4. In the case of short plat, long plat and binding site plan 2 approvals under the Jefferson County Subdivision Ordinance, 3 No. 4-0526-92, as amended, the applicant shall include on 4 the face of any such instrument the boundary of the wetland 5 and its buffer. 6 7 5. The applicant may also choose to dedicate the buffer through 8 a conservation easement or deed restrictio hat shall be 9 recorded with the Jefferson County Auditor. ch easements 10 or restrictions shall, however, use the o proved by 11 the Prosecuting Attorney that are include A endices C 12 and D of this ordinance. 13 14 6.505 Buffers - StandaXd Requirements: The f 1" buffer 15 provisions shall apply: 16 17 1. Buffer areas shall be required t ro i e fficient 18 separation between the de si e d and the adjacent 19 proposed project, 20 21 2. The appropriate width of t wet l d buffer shall be 22 determined by either: appl c of the standard buffer 23 widths set forth below; or, ividual or firm meeting 24 the criteria of subs on 11.1002, below. 25 26 3. Buffers shall remain t a y vegetated except where the 27 vegetation has been r , invaded by highly undesirable 28 species (e.g., oxi s e s), or would substantially 29 a benefit from th s diversity of introduced species. 30 Where buffer dis r e as occurred during construction, 31 replanting with v vegetation shall be required. Minor 32 pruning of ve i o enhance views and removal of 33 undesirab e s e ie (e.g., alders) may be permitted by the 34 Administ n ase by case basis. 35 36 4. All bu e a be measured perpendicularly from the 37 wetl a as surveyed in the field. 38 39 5. Stand d et nd buffer widths: 40 41 s HJg1#_Intensity Low Intensity 42 Land Land Uses 43 „uses 44 150 feet 75 feet 45 II 100 feet 50 feet 46 la III 50 feet 25 feet 47 C as IV 25 feet 25 feet 48 32 1 6.!506 p&ducina Buffer Widths: The Administrator may reduce the 2 standard wetland buffer widths set forth in subsection 6.505.5, above, 3 when the project applicant demonstrates both of the following to the 4 satisfaction of the Administrator: 5 6 1. Standard wetland buffer width averaging as set forth in 7 subsection 6.508, below, is unfeasible. 8 9 2. The project application includes a buffer"enhI;ement plan 10 using native vegetation which substantiatan enhanced 11 buffer will improve the functional attribu of he buffer 12 to provide additional protection for fu c i s Ap4 values. 13 Under no circumstances shall buffer w' s re4dced by 14 more than twenty-five (25) percent. 15 16 6.5Q7 Ingrgasincr Buffer Widths: The Admini t ma increase the 17 standard wetland buffer widths set forth in s bs c io 6.505.5, above, 18 when a larger buffer is necessary to p t w d functions and 19 values based on local conditions. Th s to ion shall be made 20 only when the Department, at its own pens demonstrates any one of 21 the following through appropriate doc m ntati n: 22 23 1. A larger buffer is nec sary t intain viable populations- 24 of existing species. .25 26 2. The wetland is used b e i listed by the Washington 27 State Department of ].' a as endangered, threatened, or _28 sensitive, or ha do a priority species or habitats or 29 essential or out i tential habitat for those 30 species, or has un sting or resting sites (e.g., 31 heron rookeries or nesting trees). 32 33 3. The adjace 1 n i susceptible to severe landslide or 34 erosion, r o control measures will not effectively 35 prevent a e we land impacts. 36 37 4. The a j an has minimal vegetative cover or slopes 38 great e an ty-five (45) percent. 39 40 v W' s: The Administrator may modify the 41 standard wetl u fer widths set forth in subsection 6.505.5, above, 42 by averaging. of r width averaging shall be allowed only when an 43 individual i eeting the criteria of subsection 11.1002, below, 44 demonstra of the following to the satisfaction of the -45 Adminis o 46 47 1. h averaging will not adversely impact the wetland '48 u ctional values. 49 50 2. he total area contained within the wetland buffer after 51 averaging is not less than that contained within the 52 standard buffer prior to averaging. 33 I�I�YANermon �I�N�NdI�N�WA POPE RESOURCES ;� r`� 3. The standard buffer width has not been reduced by more than 2 fifty (50) percent or to less than twenty-five (25) feet. 3 4 34 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 _45 46 47 •48 49 50 51 435974 Page: 177 of 541 00/0412000 11:40R Jefferson County, WA POPE RESOURCES RESO 800.00 SECTION 7: CRITICAL AQUIFER RECHARGE AREAS Subsections: 7.10 Introduction 7.20 Purpose 7.30 Classification/Designation 7.40 Applicability and Waivers 7.50 Protection Standards 7.60 Conditions 7.10 Introduction 1 Aquifer recharge areas in Jefferson County,a h rc�rized by porous geologic formations that allow percolation f s f ce ater into the soil (i.e., groundwater). Most rural s n arson County use aquifers as a source for drinking wat Thi ction provides protection measures for aquifers that llow pid percolation of surface water into the soil in areas t ar most vulnerable due to population distribution (i.e., critica `f r recharge areas). The protection measures in this sect on are ded to maintain the quality of groundwater by preventing contamination. To protect the public heal rYd ty by preventing the degradation of groundwater that is now, r is likely to be used in the future, as a source for dr` g ater. The purpose of this ordinance section is, however, subgro'nay# o the overall purpose of this ordinance as statedggificationipesignatiMXg th ec n. 35 r the purposes of this ordinance, critical aquifer recharge a all be classified based upon a combination of: the susce i t rating system within the ` Recharag e oLands in and population November, 1992, ed.; density patte ained from the United States Department of Commerce, u a the Census, 1990 United States Cena�. Areas that are characterized by a combination of soil a e ogic units with greater than sixty (60) percent suscep b 1 and a population density of equal to or greater than era P er ten (10) acres shall be subject to the standards of 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 435974 Pass: 170 of 641 0010412000 11:40R Jefferson County, WR POPE RESOURCES RESO SM. 00 -7.-3-03---Sources Used for 15jentigicatio&: Sources used to identify aquifer recharge areas include, but are not limited to: 1. Modified DRASTIC Model for Determining Critical, A ifer Recharge Areas for Lanag in agfferson County. Washington, November, 1992, ad. 2. United States Environmental Protection Agen , • Using Hydrogeolggig (EPA 600/23- - 3. Washington State Department of Ecology Wa i gton State Department'of Community Development, Recharce Areas. the DRASTIC Agnroach ne 99 , ad. 4. United States Department of Agri c u o Conservation Service, Soil Survey 5. United States Department of n er r, Quadrangle Maps (map showing unconsolidate epos s grouped on the basis of texture, Port Townsend 30' 60" u drangle -- map I--1198- D) . 6. Washington State Depa ent of atural Resources, Division of Geology and Earth s ces, Geologic NaRs of�Eastern Jefferson County, 7. Washington State De a e of Natural Resources, Geographic Information s 8. United States D:%a n of 1990 United St Commerce, Bureau of the Census, : The criteria used within this ordinance to a`re_s�fitical aquifer recharge areas shall be formally reevalua t e County for their continued accuracy if this ordinance i i ffect after December 31, 1995. • The maps prepared by Jefferson County i the identification sources listed in subsection 7.303 have be p ad for informational purposes only and are not regulatory d v ce orming an integral part of this ordinance, �� \ V 7.40 Applicability and Waive "v Critical area review shall only be required for a trlqqOkripplication involving one of the following uses or 44ctivi e f r a project on a parcel of real property containing a ignat d critical aquifer recharge area: 36 �I���IIN���M�I�N 435974 RESO +w Jefferson 1 1. The construction, or expansion of landfills and solid waste 2 disposal facilities. .3 4 2. The construction, expansion or repair (excluding emergency 5 repair) of major energy transmission and generating 6 facilities, including pipelines and substations. 7 8 3. The construction or expansion of industrial commercial 9 developments that, when completed, would h d e or store 10 hazardous substances or dangerous wastes, c d ng fuel or 11 chemical storage facilities. 12 13 4. The construction or expansion of golf c rs s. 14 15 5. Subdivision development that would re eels of less 16 than one gross acre in size. 17 18 7.402 waivers: The provisions of thi s ctn s all not apply when 19 the applicant demonstrates both of th ollo ng, to the satisfaction 20 of the Administrator: 21 22 1. There is adequate geologic in orm on available for the 23 project area to determ the impacts of the proposed 24 development and approp a mitigating measures, if any. 25 26 2. The proposal would no c ignificant adverse impacts on 27 water quality or qua the underlying aquifer. _28 29 7.403 Waiver Conditions: r e o secure compliance with 30 subsection 7.402, above, the strator may require conditions'of 31 approval which ensure tha a posal will not degrade groundwater 32 quality and quantity. C it' s of approval may include, but are not 33 limited to: upgradi a a e on -site spill response equipment; 34 employee spill res o e g; emergency service coordination 35 measures; and grou t onitoring. 36 37 38 Rutection stanaards 39 40 A t gering application subject to the provisions of 41 this section roject on a parcel of real property containing a 42 designated cr t c aquifer recharge area shall adhere to the 43 requiremen s t f th below. 44 45 An applicant submitting a 46 tri a in 1 cation subject to this section shall also submit, and 47 have p o d an aquifer recharge area report, as specified in +48 s tion 1 o this ordinance. 49 50 37 1 2 4 5 6 7 8 9 10 11 12 13 14 15 �I�IArson����AN�II�M� �as:.699 -ss� in granting approval for a triggering application subject to the provisions of this section, the Administrator may require mitigating conditions that will, in the Administrator's judgment, secure the objectives of this section. 7,602 Basis for Conditions: All conditions of a pursuant to this section shall be based upon the qualified professional, contained within an apprc area report. Conditions of approval may include, to: upgrading available on -site spill response e spill response training; emergency service coor4� groundwater monitoring. n_ 38 required ations of a r recharge n t limited • ployes sures; and 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -45 46 47 -48 49 50 435974 pass: lei of 541 Jefferson County. WA POPE MOLMCES RESC 599-H SECTION 8: FREQUENTLY FLOODED AREAS Subsootfons 8.10 Introduction 8.20 Purpose 8.30 Incorporation by Reference 8.40 Relationship to Other Regulations Frequently flooded areas in Jefferson County are e s su ct to periodic inundation that results in loss of lif a dd operty, health and safety hazards, disruption of commerce and o er ntal services, extraordinary public expenditure for flood p o c i nd relief, and impairment of the tax base, all of which ad a se a ct the public health, safety, and general welfare. e To protect the public from harm b regu t' all development activities requiring issuance of a County permit that are proposed for location in a flood hazard area. a urpose of this ordinance section is, however, subordinate to the a purpose of this ordinance as stated in S1.201. The Jefferson County Int cal. Areas Ordinance hereby incorporates by refe enc the lassification, designation and protection provisio a e in the e egodplain Management Ordin r e No. 1-89) with the following addition: 1. In ad i e insurance maps identified in the Flood a' n ement Ordinance (Ordinance No. 1--89), flood hazard e s all* be identified with reference to the Fede r ency Management Agency (FEMA) 100-year flo esignations. Such flood hazard areas shall be sub ct the criteria of the Floodplain Management Ord . The Flo a anagement Ordinance conforms with the intent of the Mini u el es (WAC 365--190-080(3)) through directly considering the c flooding on human health and safety, together with Bffect o o lic facilities and services, through its protection 39 2 3 4 5 6 7 8 435974-,: Jefferson County, WA POPE KS"CE5 RESO sm. 00 While the Jefferson County Floodplain Management Ordinance requires consistency with all other applicable laws, in the event that a conflict should exist the stricter standard shall apply to the regulated development. n- 40 1 2 ,3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -25 26 27 -28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '45 46 47 -48 49 50 51 52 435974 Pase: 103 of 541 J4ffGP80M CountV, WA POPE RESOURCES RR0EGO4/59S0001:40A SECTION 9: GEOLOGICALLY HAZARDOUS AREAS Subsections: 9.10 Introduction 9.20 Purpose ' 9.30 Classification/Designation 9.40 Applicability and Waivers 9.50 Protection Standards 9.60 Conditions Geologically hazardous areas in Jefferson slope, soil type, geologic material, and to create problems with slope stability, during and after construction or durn earthquakes or severe rainstorms. Th o guide development in these critical ain as To maintain the natural integri their buffers in order to prate landslides, mudslides, subside the public from these thre s this ordinance section is, e of this ordinance as stated geologically ha combination of hazard areas 1. 1. e haracterized by r t at may combine on, nd water quality e ants such as regulations will eologically hazardous areas and �:nt lands from the impacts of sive erosion, and to safeguard and property. The purpose of bordinate to the overall purpose he purposes of this ordinance, shall be classified based upon a lide and seismic hazard. Jfollowing erosion, landslide and seismic bject to the standards of this section: Lasontaining soils or soil complexes described and within the United States Department of ture/Soil Conservation Service Soil survey f2r \ as having a severe or very severe rosion hazard potential: 2, "-�J Areas potentially subject to mass movement due to a combination of geologic, topographic and hydrologic factors including: E154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ��rvon��M��7�QIG:as,:�590 -w4�. a. Areas of historic failures or potentially unstable slopes, such as: (i) areas described and mapped as having severe or very severe building limitations for dwellings without basements within the United States Department of Agriculture/Soil Conservation Service ; (ii) areas described and mapped as receVeials old landslides or slopes of unstabl a within the Washington State Department fgy Coastal (iii) areas described and mapped a a o oor natural stability, former 1 sli s a d recent landslides by the Washington t Department of Natural Resources, Divis n e ogy and Earth Resources; b. Areas potentially unst le as r ult of rapid stream incision, stream bank osio or undercutting by wave action; and c. Areas with any indicati s o earth movement, such as: (i) rockslides; (ii) earthflows; (iii) mudflows; a (iv) landslides.. 3. Seismic hazard �s subject to severe risk of damage as a result of ear induced ground shaking, slope failure, sett1 e 1 liquefaction, or surface faulting. These areas ar id i ied by the presence of: poorly drained s s 1 eater than fifty percent (50%) silt and very lit c e aterial; loose sand or gravel, peat, artific a 1 nd landslide materials; or soil units with high i c nt. Sources used to identify geologically haz u areas include, but are not limited to: 1. Uni q"t tes Department of 'Agriculture/Soil Conservation Ser e. oil Survev for Jefferson Countv. 2. ngton State Department of Ecology, Coastal Zone Atlas. 3. < W hi gton State Department of Natural Resources, Slone a ilitv and Geoloaic Mans of Eastern Jefferson Countv_. ington State Department of Natural Resources, G82CX phic rmation System: Soil Survey. r-IF Jefferson ����IIN I Iy 3597REGO 4 1 5. Washington State Department of Natural Resources, Geologic 2 Maps of Eastern Jefferson County, Comvrgssibility of Earth 3 MAterialM in Eastern Jefferson County, 4 5 6. United States Department of the Interior, USGS Quad Mans. 6 7 g Geol gic Hazard Area_K,Aps: The maps prepared the County 9 using the identification sources listed in subsecti 03 have been 10 produced for informational purposes only and are n r tory 11 devices forming an integral part of this ordinanc . 12 13 14 a W 'v 15 16 : 17 18 1. Critical area review shall r qu' a or any triggering 19 application for a project on a par ce f re property 20 containing a designated er s on o andslide hazard area, 21 unless waived under subsect o 9. 0 , below. 22 23 2. critical area review 11 be required where a triggering 24 application is made fo nstruction of any publicly owned 25 facility in a designated a smic hazard area. 26 27 28 9,402 waivers: The prov "son � is section shall not apply when 29 the applicant demonstrates e o e of the following, to the 30 satisfaction of the Administ t 31 32 1. All building s es d project related improvements 33 (includin y c ng or grading activity) will be located 34 outside n nated geologic hazard area or its 35 buffer. 36 37 2. There i to geologic information available for the 38 projec a ea determine the impacts of the proposed 39 develo t and appropriate mitigating measures, if any; and 40 the op s would not cause adverse geological impacts on 41 or o f h project site. 42 43 Wgn tions: In order to secure compliance with 44 subsectio 2, above, the Administrator may require conditions of 45 appr va is nsure that no portion of the proposed development will 46 en oa h a designated geologic hazard area or its buffer. 47 Cond o s approval may include, but are not limited to: optional 48 sery t n easements; the graphic portrayal of building envelopes 49 a d ela a improvements on the face of final short or long plats and 50 bin i s to plans; drainage and erosion control plans; and notices to 51 title. 52 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 435974 Jefferson County. WA POPE RESOURCES RESO 598. W 9.501 General: A triggering application for a project on a parcel of read property containing a designated geologically hazardous area or its buffer shall adhere to the requirements set forth below. 9.502 Drainacre and Erosion Control: 1. An applicant submitting a triggering appAashall also submit, and have approved, a drainage ancontrol plan, as specified in section 11 of thi, when the triggering.application involves eitherowing: a. The alteration of a geologically haza�rdo4i area or its buffer; or b. The creation of a new parcel w'a k geologically hazardous area. 2. Drainage and erosion contr an required under this section shall discuss, eva u to a d recommend methods to minimize sedimentation of a cen roperties during and after construction. 3. Surface drainage shal be directed across the face of a marine bluff, landslide a rd or ravine. If drainage must be discharged from a t adjacent waters, it shall be collected above the a bluff and directed to the water by tight e nd provided with an energy dissipating dev t t shoreline. 4. In addition to n e ion control methods specified in the drainage and si control plan, the Administrator may require h�os i of exposed or disturbed areas. 9.503 Clearings aridrra: 1. The f rovisions regarding clearing shall apply: a. Clea within geologically hazardous areas shall be o d ly from April 1 to November 1, unless the 4ptilc nt demonstrates that such activities would not *u#)in impacts contrary to the protection requirements ly that clearing necessary to install temporary imentation and erosion control measures shall occur for to clearing for roadways or utilities; Clearing limits for roads, septic, water and stormwater utilities, and temporary erosion control facilities shall be marked in the field and approved by the Department prior to any alteration of existing native vegetation; 44 439974 Page: 107 01 $41 111111111111111111111111111111111111 00/04/7000 11:40A Jsfta�son County, WA POPE RESOURCES RESO 500.00 1 d. Clearing for roads and utilities shall remain within 2 construction limits which must be marked in the field 3 prior to commencement of site work; and 4 5 e. The authorized clearing for roads and utilities shall be 6 the minimum necessary to accomplish project specific 7 engineering designs and shall remain withi approved 8 rights -of -way. 9 10 2. The following provisions regarding gradin 1 apply: 11 12 a. An applicant submitting a triggering a ca i n shall 13 also submit, and have approved, a di pl , as 14 specified in section 11 of this or 'n c when the 15 triggering application involves the following: 16 M The alteration of a.geo a 1 h zardous area or 17 its buffer; or 18 (ii) The creation of a p ithin a known 19 geologically haza ar 20 21 b. Excavation, grading and a thwo construction regulated 22 under this section shall n allowed from April 1 to 23 November 1, unless t e app demonstrates that such 24 activities would no sult in impacts contrary to the .25 protection requireme s erein. 26 27 9.504 Vegetation Retention: 1 wing provisions regarding _28 vegetation retention shallOapp •� 29 30 1. During clearing f ys and utilities, all trees and 31 understory lyin i of approved construction limits 32 shall be retai a ided that understory damaged during 33 approved clear o rations may be pruned (see also, 34 subsectio }, above). 35 36 2. Damage t g a on retained during initial clearing 37 activ t s 1 e minimized by directional felling of 38 trees o v 'd ritical areas and vegetation to be retained. 39 40 3. Reta' a s, understory and stumps may subsequently be 41 cle o 1 if such clearing is necessary to complete the 42 pro sal nvolved in the triggering application. 43 44 The location of the outer extent of landslide 45 hazard �ers shall be marked in the field as follows: 46 47 1. rmanent physical separation along the boundary of the 48 la slide hazard area shall be installed and permanently 49 aintained. Such separation may consist of logs, a tree or 5o edge row, fencing, or other prominent physical marking 51 approved by the Administrator. 52 45 435974 Paom IN of 541 Jeffersom County, WA POPE RESOURCES RESO SM. 00 1 2. Buffer perimeters shall be marked with temporary signs at an 2 interval of one per parcel or every one hundred (100) feet, 3 whichever is less. Signs shall remain in place prior to and 4 during approved construction activities. The signs shall 5 contain the following statement: "Landslide Hazard Area & 6 Buffer - Do Not Remove or Alter Existing Native Vegetation." 7 8 3. A notice to title shall be recorded with !he'*ditor in a 9 form approved by the Prosecuting Attorney 10 11 4. In the case of short plat, long plat and n site plan 12 approvals under the Jefferson County 8 d sio Ordinance, 13 No. 4-0526-92, as amended, the applic all clude on 14 the face of any such instrument the u a of the 15 landslide hazard area and its buff 16 17 9.506 Buffers - Standard Re ire �$:' a fo l wi landslide 18 hazard area buffer provisions shall a 19 20 1. Buffer areas shall be requed t rovide sufficient 21 separation between the lan ide zard area and the 22 adjacent proposed project. 23 24 2. The appropriate widt o the landslide hazard area buffer 25 shall be determined by er: application of the standard 26 buffer width set fort b o • or, an individual or firm 27 meeting the criteri ction 11.702, below. 28 O 29 30 3. Buffers shall re i ally vegetated. Where buffer- 31 disturbance ha r d during construction, replanting 32 with native v g a shall be required. 33 34 4. Buffers e e ained in their natural condition, 35 however, o ing of vegetation to enhance views may be 36 permi y h Administrator on a case by case basis. 37 38 5. All u r s 11 be measured perpendicularly from the top, 39 toe o e the landslide hazard area boundary. 40 41 6. A a d buffer of thirty (30) feet shall be established 42 f th top, toe and all edges of landslide hazard areas. 43 44 : The Administrator may reduce the 45 standar a d ide hazard area buffer width specified in subsection 46 9.5 , when the project applicant demonstrates, to the 47 sa a c o of the Administrator, that the reduced buffer will 48 ad t y otect the proposed project and the landslide hazard area. 49 ebboar ircumstances shall the buffer width be reduced to less than 50 n 10 set. 51 52 46 435974 Pago: IN Of 541 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 9.508 _-ingreasinct jauffeX Widthfi: The Administrator may increase the standard landslide hazard area buffer width specified in subsection 9.506.6. above, when a larger buffer is necessary to protect the proposed project and the landslide hazard area. This determination shall be made only when the Department, at its own expense, demonstrates any one of the following through appropriate documentation: 1. The landslide hazard area is unstable and ac i e. 2. The adjacent land is susceptible to see erosion, and erosion control measures i protect the proposed project or the 1� 3. The adjacent land has minimal vege \' 9.509 G ReRot: ds ide or a1of fectively d and area. 1. An applicant submitting a r g er'� application shall submit, and have approved, geo hnical report, as specified in section it of t s o inance, when the triggering application invo a of the following: a. The alteration of andsl azard area or its buffer; b. The creation of a n w arcel within a known landslide hazard area. c. The construction o p cly owned facility in a designated seismi z area. 2. Where a geotech e� t is required for a landslide hazard area, the i ng application shall not be approved unles t e e technical report certifies all of the following: a. There **mi a andslide hazard as proven by a lack of evid o n lide activity in the vicinity in the past b. An 1 is slope stability indicates that the pr ` 1 not be subject to risk of landslide, or the pro 0 1 the.landslide hazard area can be modified so tha a rds are eliminated; C. e o sal will not increase surface water discharge or si a tation to adjacent properties beyond di lopment conditions; e oposal will not decrease slope stability on jacent properties; and e. 1 newly created building sites will be stable under normal geologic conditions (if applicable). Where a geotechnical is required for a seismic hazard area, the triggering application shall not be approved unless the geotechnical report demonstrates that the proposed project will adequately protect the public safety. 47 435974 Pal.: 190 of 541 09104/2000 11:40A Jefferson County. WA POPE RESOURCES RESO 528.00 1 2 3 9.601 General: In granting approval for a triggering application 4 subject to the provisions of this section, the Administrator may 5 require mitigating conditions that will, in the Administrator's 6 judgment, substantially secure the objectives of this section. 7 8 All conditions of appro a required 9 pursuant to this section shall be based upon either th ubstantive 10 requirements of this section or the recommendation o alified 11 professional, contained within a special report r r u der this 12 section. 13 48 2 3 J4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -45 46 47 -48 49 so 4359708/1412002 .�. Jefferson County, WA POPE RESOURCES OESO M . N SECTION 10: FISH AND WILDLIFE HABITAT AREAS Subsections: 10.10 Introduction 10.20 Purpo8e 10.30 Classification/Designation 10.40 Applicability and waivers 10.50 Protection Standards 10.60 Conditions Fish and wildlife habitat areas in Jefferson critical to the preservation of specifically following regulations will guide devel9s�t To protect and conserve the habitat of species and shellfish, thereby miintai populations in Jefferson County. e is, however, subordinate to the r stated in S1.201. �� C) areas that are :n f ie species. The se critical areas. Oeeific fish and wildlife ng or increasing their pose of this ordinance section purpose of this ordinance as I0.301 Classification: t urposes of this ordinance, fish and wildlife habitat areas s a assified based upon their association with pri it e i s, as listed by the Washington State Department of Wilde standards of 1. 2. All and may llowing areas shall be subject to the -,►A3 anges and habitat elements with which Federal ed endangered, threatened and sensitive ve a primary association and which, if altered, the likelihood that the species will maintain and over the long term. sonal ranges and habitat elements with which State- te candidate and monitor species or priority game and n ame species have a primary association and which, if ered, may reduce the likelihood that the species will intain and reproduce over the long term. 49 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 435974 Jefferson County, WA POPE RESOURCES RESO SOBAM 3. All habitats with which species of local importance have a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 4. Those waters that meet the criteria for type 1, 21 3, 4 and 5 waters as set forth in Chapter 222-16-030 VAC. 14.303 Sources Used for Identifiga ion: Sources used t identify fish and wildlife habitat areas include, but are n i ed to: 1. United States Department of the Interi r 'sh d Wildlife Service, National Wetlands Inventory. 2. Washington State Department of Nat a urces, Water Tyne Index Mabs. 3. Washington State Department i d Non -Gana and Priority Habitats and s. 10,304 Fish and Wildlife Habitat &rea The maps prepared by the County using the identification ounces ed in subsection 10.303 have been produced for informat o 1 purposes only and are not regulatory devices forming an in 1 part of this ordinance. v 10.40 and Waivers 10.401 ADD119ahility: Cri 1 ea review shall be required for any triggering application fo o ect on a parcel of real property containing a designated14 wildlife habitat area, unless waived 10,402 Waivers: under subsection 10.402, efons v of this section shall not apply when the applicant de �as oth of the following, to the satisfaction of the Administ r: 1. All buAIdlng 'eites and project related improvements IiFcc y clearing or grading activity) will be located ou� f ny streamside buffers and away from critically imto t plants and trees. 2. /TFier4 -ice adequate information available for the project area ;ermine the impacts of the riate mitigating measures, d not cause adverse impacts tat conservation area. 50 proposed development and if any; and the proposal to the fish and wildlife 435974 Pass: In of 1141 1 2 3 �4 5 .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 `45 46 47 '48 49 50 JQ.403 Waiver Conditions: In order to secure compliance with subsection 10.402, above, the Administrator may require conditions of approval which ensure that no portion of the proposed development will encroach upon critically important plants and trees or streamside buffers. Conditions of approval may include, but are not limited to: the graphic portrayal of building envelopes and related improvements on the face of final short or long plats and binding site plans; seasonal restriction of construction activities; and ional conservation easements. 10.50 Protection Standards 1Q.501 General: A triggering application for t on a parcel of real property containing a designated fis i life habitat area or a streamside buffer shall adhere to r q r ments set forth below. Management Aneapp ca bmitting a triggering application shall also submit, and h o ad, a habitat management plan, as specified in section 11 ofr i ance. The habitat management plan shall identify how de lode t impacts from the proposed project will be mitigata4. 1. An applicant submit submit, and have p plan, as specif i triggering applica yards or more o of the follows 2. 3. a. The al buf f e b. The wil i Draina min aft U a ggering application shall also drainage and erosion control a on 11 of this ordinance, when the poses one hundred (100) cubic t�ing or grading and involves either fish and wildlife habitat area or its a new parcel within a known fish and it'at area. erosion control plans required under this 1 discuss, evaluate and recommend methods to e imentation of adjacent properties during and truction. -drainage shall not be directed across the face of a bluff, landslide hazard or ravine. If drainage must hanged from a bluff to adjacent waters, it shall be ad above the face of the bluff and directed to the tier by tight line drain and provided with an energy ssivatinc device at the shoreline. 51 5974 I7EC�IRarson I6��MR��pIWl9 �a �r m POPE 1 4. In addition to any erosion control methods specified in the 2 drainage and erosion control plan, the Administrator may 3 require hydroseeding of exposed or disturbed areas. 4 5 10.504- Grading: An applicant submitting a triggering application 6 shall also submit, and have approved, a grading plan, as specified in 7 section it of this ordinance, when the project propose one hundred 8 (100) cubic yards or more of grading and involves eit a of the 9 following: 10 11 1. The alteration of a fish and wildlife ha ar a or its 12 buffer. 13 14 2. The creation of a new parcel within a n ish and 15 wildlife habitat area. 16 17 10.505 Vegetation Retention: The followi'n ro sio s regarding 18 vegetation retention shall apply: 19 20 1. All trees and understory 1 1 g ou 'de of road rights of way 21 and utility easements shal re a ned during clearing for 22 roadways and utilities: Pr i at understory damaged 23 during approved cleari oper s may be pruned. 24 25 2. Damage to vegetation re ed during initial clearing 26 activities shall be m m e by directional felling of 27 trees to avoid criti a e and vegetation to be retained. 28 29 3. Retained trees, e t and stumps may subsequently be 30 cleared only if s h ring is necessary to complete the 31 proposal involy i triggering application. 32 33 10,506 Buffer a pproval of the habitat management plan, 34 the location of th e t of required streamside buffers shall 35 be marked in the i a lows: 36 37 1. A pe y cal separation along the boundary of the 38 strea e f er area shall be installed and permanently 39 maint a uch separation may consist of logs, a tree or 40 hed w, other prominent physical marking approved by 41 th is rator. 42 43 2. Buf a rimeters shall be marked with temporary signs at an 44 in of one per parcel or every one hundred (100) feet, 45 ver is less. Signs shall remain in place prior to and 46 r q approved construction activities. The signs shall 47 o ain the following statement: "Streamside Buffer - Do 48 N Remove or Alter Existing Native Vegetation." 49 50 3. notice to title shall be recorded with the Auditor in a 51 form approved by the Prosecuting Attorney (A copy of which 52 has been attached to this Ordinance as Appendix B). 52 435974 Pass: i9a of S41 1 1 4. In the case of short plat, long plat and binding site plan 2 approvals under the Jefferson County subdivision Ordinance, 3 No. 4-0526-92, as amended, the applicant shall include on 4 the face of any such instrument the boundary of the 5 streamside buffer area. 6 7 5. The applicant may also choose to dedicate th buffer through 8 a conservation easement or deed restriction t shall be 9 recorded with the Jefferson County Audito easements 10 or restrictions shall, however, use the f roved by 11 the Prosecuting Attorney that are inclu as ndices C 12 and D of this ordinance. 13 14 10.507 Buffers - Standard Reauirements: The fo streamside 15 buffer provisions shall apply: 16 17 1. Buffer areas shall be required to p ov a sufficient 18 separation between the design -at d tre and the adjacent 19 proposed project. 20 21 2. The appropriate width of th re ids buffer area shall be 22 determined by either: applic ion f the standard buffer 23 widths set forth below, or, an ndividual or firm meeting 24 the criteria of subsea o 11.902, below. 25 26 3. Buffers shall remain A-a-tur vegetated. Where buffer 27 disturbance has occu ng construction, replanting 28 with native veg�ti h be required. 29 30 4. Buffers shall be r a in their natural condition, 31 however, minor i f vegetation to enhance views may be 32 permitted by t A n strator on a case by case basis. 33 34 5. All buff s measured perpendicularly from the 35 ordinar w er mark, or the top of the bank where the 36 ordin i r mark cannot be identified. 37 38 S. Stream th jacent riparian wetland habitats shall be 39 subject a buffer widths which apply to their wetland 40 cla or t standard streamside buffer widths set forth 41 bel chever is more restrictive. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 435974 Rego GOG-96 7. The following standard streamside buffer widths shall be applied to each side of the stream: Stream Tyne/ Averacte Width Type 1 & 2 Type 3 Type 4 Type 5 100 feet 50 feet 25 feet 15 feet (Note: Stream type shall be de set forth in chapter 222-16-030 100 et e fee feet u the criteria JQ.508 Reducing Buffer Widths: The A ni trat`or may reduce the standard streamside buffer widths sp ifie n subsection 10.507.7, above, when the project applicant de o tra s both of the following to the satisfaction of the Administra r. 1. Standard streamside b r width averaging as set forth in subsection 10.510, belo s unfeasible. 2. The project using nativ buffer will to provide Under no cir more than t standard strea above, when a and values bas made only when one of the fol 3. A of 2. e w applica crudes a buffer enhancement plan vege,,ta ch substantiates that an enhanced impro a nctional attributes of the habitat additi a tection for functions and values. c n s shall buffer widths be reduced by e -f a (25) percent. : The Administrator may increase the dths specified in subsection 10.507.7, u e is necessary to protect habitat functions rt conditions. This determination shall be ment, at its own expense, demonstrates any hrough appropriate documentation: fer is necessary to maintain viable populations species of anadromous or salmonid fish. abitat area is used by species listed by the Washington Department of Wildlife as endangered, threatened, or five, or has documented priority species or habitats or tial or outstanding potential habitat for those es, or has unusual nesting or resting sites (e.g., rookeries and raptor nesting trees). 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 435974 page: 197 of 541 Jefferson County, WA popE RESOURCES �o !6� 00 ♦� 3. The adjacent land is susceptible to severe landslide or erosion, and erosion control measures will not effectively prevent adverse habitat and water quality imIgacts. 4. The adjacent land has minimal vegetative cover or slopes greater than forty-five (45) percent. in_s,n Averaar ng Buffer Widths: The Administrator ma odify the standard streamside buffer widths specified in subs �al�ed 10.507.71 above, by averaging. Buffer width averaging shall only when an individual or firm meeting the criteria o bs n 11.902, below, demonstrates all of the following to the ct o of the Administrator: � 7� 1. Width averaging will not adversely mp tie functional values of the designated stream., v 2. The total area contained wi in th s amside buffer after averaging is not less than at c to ned within the standard buffer prior to a e agin 3. The standard buffer width ha not een reduced by more than fifty (50) percent or less than twenty-five (25) feet. ions 10,601- general: In granli1 for a triggering application subject to the provisions i s ction, the Administrator may require mitigating condition will, in the Administrator's judgment, substantially ec re a objectives of this section. pursuant to this requirements of professional, c� section. All conditions of approval required be based upon either the substantive or the recommendations of a qualified n a special report required under this 55 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 11: SPECIAL RSPORTB Subsections: 19 11.10 Waivers 11.20 General Contents 11.30 Consultants 11.40 Responsibility 11.50 Aquifer Recharge Area Report 11.60 Drainage and Erosion control Plan 11.70 Geotechnical Report 11.80 Grading Plan C) 11.90 Habitat Management Plan 11.100 Wetland Delineation Report 11, 10 - -W.a The Administrator shall waive the re reme t for a special report when an applicant demonstrates all o 1� e lowing: 1. The proposal involved in t trigger ng application will not affect the critical area in a anner contrary to the goals, purposes and objectives of th rdinance. 2. The minimum protection s a required by this ordinance are satisfied. 0 areas shall include written report. / port: Special reports for critical of the development proposal site and a The special report shall identify and characterize an ra reaas a part of the larger development proposal site, s sts of the development proposal on any critical areas o r djacent to the development proposal site, and assess the impto ny alteration proposed for a critical area. e The special report shall propose adequate p ;t t mechanisms that may include mitigation, maintenanK monitoring plans, and performance surety. -Proof-of Oualifications: Special reports shall tion certifying the qualifications of the preparer. 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 - 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ' 45 46 47 48 49 50 51 52 435974 Pala: 196 of 541 JGfflra0n County, A POPE RESOURCES RE604/598 001.40R 11.30 Consultants i1jnt Retaining Consul:tants: Jefferson County may retain consultants to assist in the review of special reports outside the range of staff expertise. Jefferson County shall pay for the costs of retaining said consultants. 11.40 Responsibility All special reports shall be the s s'bility of the applicant, including payment of costs incurred r o t preparation. c ac u 'e The trator shall �� dn� Ueterminin A cur v_&_ S ffici ncv verify the accuracy and sufficiency of all sn;she a orts within ten (10) working days of their receipt. This rer may be extended only when dry conditions prevent thrma ion of a wetland delineation and the applicant go -risen extension. of Inacgurat o n c e o s: If the Administrator finds that a special re o t do not accurately reflect site conditions, or does not incorpora priate protection mechanisms, the Administrator sh 1 issu report within twenty (20) days of receiving the applicant" ecial report citing evidence soil samples, well log data, c.) that demonstrates where the special report is insufficient 'n or. The applicant may then either revise the special repo n s it another special report, or appeal the administrative �te n pursuant to subsection 5.404, above. 11.501 General: e ort� hall identify the risks associated with the proposal that o en sally degrade the groundwater beneath the site, and shall u e n lusions and recommendations regarding conditions of a p t nded to maintain the quality of groundwater. 11.502 Qualif' o P e : Aquifer recharge area reports shall be prep b either a licensed professional engineer or geologist qua 1e to analyze hydrogeological information and systems. 1. ascription of the hydrogeologic setting of the aquifer e ion, based upon readily available data, including: .Site location, topography and surface water bodies; .Soils and geologic units underlying the site; c. Groundwater characteristics of the area, including flow direction and gradient, and groundwater quality; and 57 435974 a/602000 11540R 3sitOrson county, WA POPB REDO RE60 bOB.00 1 d. The location and characteristics of wells and springs 2 within one thousand (1,000) feet of the site. 3 4 2. An evaluation of the existing groundwater recharge potential 5 of the site. 6 7 3. A discussion and evaluation of the potential of the 8 Aimpact proposal upon area groundwater quality over two to five 9 year period. 10 11 4. A discussion and evaluation of the potent a m a t of the 12 13 proposal upon on -site groundwater recha e. 14 5. A discussion and evaluation that deta s. ailable on- 15 site spill response equipment; empl i response 16 training; appropriate exposure_ min a chniques; and 17 appropriate emergency service coo d na i n asures. 18 19 6. Recommended best management tic MPfs) to minimize 20 exposure of permeable surfa s to tential pollutants and 21 to prevent degradation of ndwa r quality and quantity. 22 23 7. Recommended groundwater monit measures. 24 25 26 0 Drainage and o 0 0 27 28 11,601 General: This pla sh ad ess best management practices 29 which are physical, struc 1 m agerial practices, that when used 30 singly or in combination, p v o reduce pollution of water. 31 32 ca s e Drainage and erosion control 33 plans shall be prepad �a�iensed professional engineer. 34 35 ts: The design standards and 36 information requi m f submission of drainage and erosion 37 control plans s e s lished by the Department of Public Works. 38 39 40 41 70 e 42 : is report shall include a description of the 43 geology of th conclusions and recommendations regarding the 44 effect of conditions on the proposal, and opinions and 45 recommend on the suitability of the site to be developed. 46 4? Geotechnical reports shall be 48 prepa d y licensed geotechnical engineer, a professional 49 g ogi , or a licensed professional engineer knowledgeable in 50 r i al ologic conditions with professional experience in 51 lan 1 , erosion, or seismic hazard evaluation. 52 58 2 3 "4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ` 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 - 45 46 47 - 48 49 50 974 INjeflerson�ININ��IN`,�° 1. 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 sit -and c. The location and characteristics of sprin within one thousand (1,000) fee of the site. 2. An evaluation of the potential landslide n os on hazards on the site. 3. A discussion and evaluation of the po n� impact of the proposal upon existing geological h 4. Recommendations on appropriate pi t ct me hanisms, if necessary, to minimize the r3�slcrof e n or landslide. 11.801 General: This plan shal ident%e proposed development project including the,movement terial on -site, along with the proposed and existing contours of h site, and cross sections thereof. 11.802 Qualifications of the e Grading plans shall be prepared by a licensed prop i�ongineer or an individual with at least three years of experi in4;tions he preparation of grading plans who is knowledgeable of sg-i- and geology in Jefferson. County. 1. 2. 3. 4 A desc ti nhe general vicinity of the proposed site. The p p t 1� its and accurate contours of existing ground and de '1 o terrain and area drainage. Lim' ' iAYensions, elevations of finish contours to be ach yed y the grading, and proposed drainage channels rel t c nstruction. and plans of all surface and subsurface drainage walls, cribbing, dams and other protective devices nstructed with, or as a part of, the proposed work with a map showing the drainage area and the d runoff of the area served by any drains. 59 435974 page: 202 of 641 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5. The location of any buildings or structures on the property where the work is to be performed 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 proposed grading operations. 6. A discussion and evaluation of the potential impact of the proposed grading upon designated critical areas. 7. Recommendations on appropriate protection isms, if a necessary, to prevent degradation of desi itical areas and to ensure public safety. -2 -1 AA Tx-,L-4f.-i v�.��r.____ _ _7_ 0 / 11.901 General: This report shall identify ow e �velopment impacts of the proposed project will be 'tia The Washington Department of Wildlife �-- �-i. Management Recommendations shall be the basis fo his port. of t e a a at management plans shall be prepared by persons who are a ate in the field of biology and who currently derive, or who eviously have derived, their livelihood from employment as wi 1 e biologists, habitat management consultants, or botanists. e 1. A map(s) prepare a. ily readable scale, including the following informati . a. The location t proposed development site, including b. The re 'to h4r�f the site to surrounding topographic and c 1 c. Thezni L r a�atures; ensity of the proposed development or fan n ge; d. Prop s b ding locations and arrangements; and e. The boundaries of forested areas. -�V 2. A 1 g nat includes the following information: a omp to and accurate legal description as prescribed b t e triggering application form (the description shall �c de the total acreage of the parcel); . it'le, scale and north arrows; . D to,, including revision dates, . ertificates by a professional 60 if applicable; and biologist as appropriate. 1 2 3 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 3. A report that contains the following information: 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 wildlife habitat; b. The applicant's analysis of the effect of a proposed development, activity or land use change the wildlife species identified by the Washing Department of Wildlife within the identified prior t tat, utilizing the management guidelines; c. A plan by the applicant that shall e i ho ny adverse impacts created by the dove me t wi be mitigated. 4. Possible mitigating measures that n 1 but are not limited to: a. Establishment of buffer ; b. Preservation of critical y impo t nt plants and trees; c. Limitation of access to 'tat a ea; d. Seasonal restriction of c s c ion activities; and e. Establishing a timetable for riodic review of the plan. This report development encroaches upon/ shall be used to identify th� shall be prepared k individual or firm Corps of Engineer be required when a proposed ted wetland or its buffer, and ies of the designated wetland. P a e : Wetland delineation reports iologist with wetlands expertise, or an certified by the United States Army to perform wetland delineations. 1. A map(ared at an easily readable scale, including the folloVvtna ormation: a. e`�aO boundaries; mp site and sample transects; 9 c un aries of forested areas; and � daries of wetland classes if multiple classes exist. b. that includes the following information: A complete and accurate legal description as prescribed by the triggering application form (the description shall include the total acreage of the parcel); Title, scale and north arrows; 61 435974 of 541 200 Jefferfon CamtV, NA POK RESOURCES ROE p41 0 00 :4OA 1 c. Date, including revision dates, if applicable; and 2 d. Certificates by a professional biologist as appropriate. 3 4 3. A report that contains the following information: 5 6 a. A discussion of the delineation methods and results, with 7 special emphasis on technique used from th Corps of 8 Engineers Wetland Delineation Manual, Tec cal Report 9 No. Y-87-1 ; 10 b. A description of relevant site informa ired from 11 the National Wetland Inventory maps a 12 for a-efferson County; 13 c. The acreage of each wetland on the e, as on the 14 survey, if the acreage will impact fer size 15 determination or the project des n 16 d. All completed field data sheets numba correspond to 17 each sample site. 18 0 0 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 sECTION 22s REASONABLE ECONOMIC UBE VARIANCE Subsections: 12.10 Application 12.20 Notice 12.30 Findings 12.40 Conditions 1. If an applicant for critical area rev de nstrates to the satisfaction of the Hearing Examiner a lication of the standards of this ordinance would p u e easonable economic use of the parcel, a-var u standards may be permitted if the applicant dem n tr t s, and the Hearing Examiner finds, that the app c ti n e is all of the criteria set forth in subse o 1 below. 2. Variance applications shall b su tted prior to any public hearing required by the ordi n overning the triggering application, and shall a subm ed in writing on forms provided by the Depart a together with the triggering application and all crit c areas information requirements, where feasible. 0/3`2. 00 otice Notice of a reasonable e conjunction with the not Provided, that if t tr hearing, the Heari variance request. mcaminor ordina N shall be final subsection 12.1 f rd application does t shall be provide . �ini a variance request shall be given in r u red for the triggering application: er' g application does not require a public er hall conduct a public hearing on the nt with the Jefferson County Hearing 318--91, decisions of the Hearing Examiner ve unless appealed to the Board (see #,nce no. 1-0318-91). When the triggering equire a public hearing, the following notice 1. Th ep �emof ent shall arrange for at least one publication of e o hearing to appear in a newspaper of general r anon within the County at least ten (10) days before th h aring. Payment of all publication fees shall be the sp nsibility of the applicant. 2 Th Department shall send notice to adjacent property owners dvising them of the hearing. The notice shall be mailed to he owners of record of all property lying within three hundred (300) feet of the property at issue, at least ten 63 2 4 5 7 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 435974 pass, 4! M°11:40A Jefferson County, WA PM RM"C69 RESO 509.00 (10) days before the public hearing. Names and addresses of adjacent property owners shall be provided to the Department by the applicant, subject to Department approval. 3. The Department shall provide the applicant with at least five copies of the hearing notice, and one copy of an affidavit of posting. The applicant shall post the notices and maintain them in place for at least t;os n 0) days prior to the hearing, not including the day of i g or the day of the hearing. The notices shall be plac d n conspicuous locations on or near the property and sha r moved by the applicant after the hearing. Notic ha b mounted on easily visible boards that meet Dep n r irements. The affidavit of posting shall be si n ar ed, and returned to the Department at least se n s prior to the hearing. 4. All hearing notices shall include a le a description of the property involved, and_a con s d tion of the variance requested in nonlegal langu A reasonable economic use varian a ay be granted only when the Hearing Examiner finds that the ap ation meets all of the following criteria: 1. No reasonable ecpp�omi ith less impact on the critical area or its buffiis ble. 2. There is no fea ' e n site alternative to the proposed activities tha u llow a reasonable economic use with less adver i p ct o critical areas or critical area buffers. i e o --site alternatives shall include, but are not to: reduction in density; phasing of projec p em t tion; change in timing of activities; and revis o r d or parcel layout or related site planning consi ra io 3. The s d ariance will result in the minimum feasible alt 'o or impairment to the critical areas functional cha a to stics and existing contours, vegetation, fish and wil esources, and hydrological conditions. 4. lance of critical areas has been minimized by locating essary alteration in critical area buffers to the possible. 64 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 435974 PAN, 207 of 541 0810412000 11;46R J�ff���en Counly, WA POPE RESOURCES RESO 598-0O 5, The proposed variance will not jeopardize the continued existence of any species of wildlife listed as endangered, threatened or sensitive by the Washington State Department of Wildlife. 6. The proposed variance will not cause degradation to surface or ground water quality. 7. The proposed variance complies with all Fede State and local statutory and common law, including ory laws related to sediment control, pollution con , oodplain restrictions, and on site wastewater di po 1, common law relating to property and nuisance. 7 8. There will be no material damage tft7� y blic or private property and no material threat toe orsafety of people on or off the property. 9. The inability to derive rea o lemic use of the property is not the result act s by the applicant in segregating or dividing the oper and creating the undevelopable condition aft a fective date of this ordinance. 2.4 0 'ons 1. In granting approval a nable economic use variances, the Hearing Exam ner a ire mitigating conditions that will, in the Ex aaa e gment, substantially secure the objectives of the r i e standards or requirements so varied. 2. In grantin ap ova for reasonable economic use variances involving, i a d wetlands, the Hearing Examiner shall consider ng mitigating conditions: a. Pr n f mitigation plan demonstrating how the ap nt ends to substantially restore the site to pre e e pm nt conditions following project completion; an b. e t ation, creation or enhancement of wetlands and h it b ffers in order to offset the impacts resulting e applicant's actions; the overall goal of any ation, creation or enhancement project shall be no one loss of wetlands function and acreage. 65 435974 Page: M of 541 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 131 LEGAL PROVISIONS Subsections: 13.10 Violations 13.20 Remedies 13.30 Severability 13.40 Effective Date 13.50 Adoption 1. Violatiom No triggering application for a project on parcel of real property containing a designated c tic 1 a or its buffer shall be approved until critical as vi has been approved as provided in this ordin e. Any owner, or agent of the owner of such land wh i it tes any development activity related to a trigg r ng a 1 cation prior to critical area review shall guil of a gross misdemeanor. 2. Whenever the use of a parcel re property containing a designated critical ar or its uffer subject to this ordinance violates any a or condition of critical areas review, then the Prosecu n Attorney may commence an action to restrain and enjoi - p-s-uph u e and compel compliance with the conditions of ap r1. 1. Attorney s l tins Attorney; The Prosecuting ss to all remedies provided in this 2. �In addition to incurring civil liability as ideMac bove, any person found to have wilfully engageities in designated critical areas in violatthe provisions of this section, or any other ordi e permit application or approval requires cri i:F�Aealb determination and review, shall be punished by a f no of less than twenty-five dollars ($25) nor more t n one housand dollars ($1,000) for each day the 1 tion continues to exist. 1 2 4 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 433974 41 "1@412eeeeii640R 3effereen CeuntY+ WA POPE RUWRCES RESO M•Me 3. • Any person subject to the Jefferson County Interim Critical Areas Ordinance who violates any provision of the ordinance, or permit issued pursuant thereto, shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The Jefferson County Prosecuting Attorney shall bring suit for damages under this section on ehalf of all persons similarly situated. If liability ha een established for the cost of restoring an fected by a violation, the court shall make provision e s re that restoration will be accomplished within as a le time at the expense of the violator. In addit o su relief, including money for damages, the cour i i di cretion may award attorney's fees and costs of the u o the prevailing party. 4. Any permit or approval issued d ("h erns and conditions of this ordinance may, afte ea ith notice to the permittee and the public, resced by Jefferson County upon the findings that a pe it as not complied with the conditions imposed with the e A public hearing may be held after 10 days notice to a rmittee, interested parties, and the public If any section, subsection. r� portion of this ordinance is for any reason held invalid or n n t utional by any court of competent jurisdiction, such section ction, or portion shall be deemed a separate portion of this o i a e and the holding shall not affect the validity of the ema' in ortions of this ordinance. . 0 Effectivq Date �i This ordinance no effective on the 8th day of July, 1994. 67 435974 111011111111 Page: 210 of 541 0510412000 11:40A Jsff@rson County. WA POPE RESOURCES RESO 608.00 1 13.50 Adoption 2 3 Adopted by the Jefferson County Board of Commissioners this 9th day of 4 May, 1994. 5 6 7 BOARD OF COMMISSIONERS OF 8 JEF3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APPROVED AS TO FORM: 27 28 2930 Nark Huth, Jef f ersorl Coun 31 Prosecuting Attorney 32 33 34 O 35 36 37 38 39 40 41 42 43 44 45 46 47 68 . AR 435974 M 10412000 11640A Jefferson GoJnty� WA POPE RESOURCES RESO b91.00 Appendix A: Critical Area Review Foe schedule Critical area Review: Advance Determination sit• visit by Staffs n_ 1. Waiver granted to applicant: No Charge 2. Special reports re d: $iQo plus $25 per hour over h s of staff time 1. Non -Binding: ge 2. Binding: $1 1. First vi i0 is for map clari, ca no o Charge 2. Ad�:iEtion�visits required by the Cr t.cal ea review process: $3 i Manag appeals were sub: 94-2-0012. 4. The and by st ip 1 ,t ]. 5. Cc all w bl the a 't ORDINANCE PAGE 1 IIjefW�V�N�IY�N�NWA POPE �"��`:. BEFORE THE BOARD OF COUNTY COMMISSIONERS IN AND FOR THE COUNTY OF JEFFERSON IN THE MATTER OF } An ordinance amending the } ORDINANCE NO. 11-0822-94 Jefferson County Interior ) Critical Areas ordinance, ) No. 05-0509-94, adding ) a sunset provision thereto. ) FINDINGS C) The Jefferson County Board of County mm s i ers enter the following findings: a I. On May 9, 1994, the Jef son bounty Board of County Commissioners ("BOCCI') adopted Or i nc No. 05-0509-94 ("CAO Ordinance") pursuant to the re.rements of RCW 36.70A.060. 2. A Notice of Adoption published pursuant to RCW 36.70A.290(2) on June 1, 199 3. on -July 29, 19. , t eO ity of Port Townsend and Shine Community Council file a pe to the Western Washington Growth ement Hearings Bo GMHBI' ) of the CAO Ordinance. These consolidated by the Board under Cause No. to the CAO Appeal wish to settle the matter they have committed to specific actions. ty has committed to amend the'CAO Ordinance to ess for consideration of each issue set forth in for review f iled by the City of Port Townsend and ity Council. In order to accomplish that public process and commit to 435974 Pass000 : 213 01 541 0�l041211:40A Jefferson County, WA POPE RKSOURCE6 RE60 690.00 subsequent review of the amended CAO pursuant to RCW 36.70A.280 et seq., if necessary, the County has agreed that a sunset provision ' of December 31, 1994 should be included in the CAO. 7. The County will undertake and compl=Ue statutorily s required public process to consider each of ts raised in the petitions for review. Upon completion o h pu is process the County will adopt a New Critical Areas O ce pursuant to applicable laws. The New CAO may be a e p i f the existing CAO or adoption of modifications a r a 't ons to the existing CAO. The County shall publish a tice o Adoption of the New CAO pursuant to RCW 36.70A.290(2). 8. The County expres 1 agrees to evaluate as part of the review of any development pro s in unincorporated Jefferson County impacts to ]noers pursuant to the State Environmental Policy Ac �J .21C ("SEPA"). The City of Port Townsend and Shine Co ouncil shall be provided notice and opportunity to o e t appeal on such development proposals with regard t a t on known aquifers as a part of the SEPA development a cess during the period between dismissal of WWGMHB Cause o.-2-0012 and adoption of the new CAO including the date f pu 11cation of the notice of adoption. 9. GMHB has scheduled a prehearing conference on A gu 4, 94 at 1:00 p.m. In the interests of administrative an d 1 economy, it is appropriate to reach settlement of the ea t or before that date. The timeline for decision on pe ons to the GMHB requires prompt action. ORDINANCE PAGE 2 page: 214 of 641 10. This amendment to the CAO has no substantive, regulatory effect that diminishes the protections intended by initial adoption of the CAO. Rather the amendment provides a procedural process for settling the appeal and deciding whether additional protection may be necessary. 11. Pursuant to WAC 197-11-800(20) a 1 880 this Ordinance is exempt from SEPA review. C) 12. Because this Ordinance preserve t us quo pending adoption of amendments and pursuant t 36.70.790 and RCW 36.70A.390 the Board finds that may be adopted without notice and without holding =byhe hearing. NOW, THEREFORE, BE IT OR INEJefferson County Board of Commissioners as follows: Ordinance No. 05-050 t'he Jefferson County Interim a e Critical Areas Ordinan amended to add the following provision as Section 1 .6 . This Ordinarjc� s a main in effect until the 31st day of December, 1994 o ti such date as an amended Critical Areas Ordinance re a is Ordinance becomes effective, whichever occurs sooner.v ec ' e ate: This Ordinance is necessary for the immediate presery o the public peace, health, and'safety and shall becom fe t've on day of August, 1994. If any portion of this Ordinance is held iiyralid �y any court of competent jurisdiction, such portion shall be"�ed a separate portion of this Ordinance and such holding ORDINANCE PAGE 3 shall not affect the validity of the remaining portions of this Ordinance. Ad-o�2tion: Adopted by the Jefferson County Board of Commissioners this rs ,.'V r0 \ l Approved as to Form: Mark Huth, Jefferson t Prosecuting Attorney Jefferson County, o a:7�g n���rna�s ORDINANCE PAGE 4 STATE OF WASHINGTON County of Jefferson IN THE MATTER OF AN EMERGENCY ORDINANCE ORDINANCE NO. 19-1227-94 AMENDING THE JEFFERSON COUNTY INTERIM CRITICAL AREAS ORDINANCE NO. 11-0822-94, EXTENDING THE SUNSET PROVISION THERETO FINDINC& C) The Jefferson County Board of County Commissioner lowing findings: 1. On August 22, 1994 the Board of Commis si n s a e ded Ordinance No. 05-0509-94, the a er on y Interim Critical Areas Ordinance, establishing a sunset c u for h purpose of reviewing certain elements of the ordinance. 2. New Section 13.60 establishes aling date of December 31, 1994 unless the ordinance is otherwise a 3. A consulting firm it ter view certain sections of Ordinance No. 05- 0509-94 and facili a b ' process to recommend substantive changes as deemed appri to 4. This pr c s ' o of and will not be complete by December 31, 1994. 5. Part(es t is do have agreed to extend the sunset date. NOW, THE�,"BE IT ORDAINED by the Jefferson County Board of Commissioners o s. Ordinance No. 5- 9 94, the Jefferson County Interim Critical Areas Ordinance, amended by Ordi a o. 1-0822-94, adding Section 13.60 is hereby amended to read: Th' inance shall remain in effect until the 1st day of March 1995, or until such date amended Critical Areas Ordinance repealing the Ordinance becomes effective, 'ch ever occurs sooner. 1 435974 Jefferson County, WA POPE RtBOURM KGO M. 00 19-1227-94 Ordinance No. , An Emergency Ordinance Amending The Jefferson County interim Critical Areas Ordinance No. t I-08=-94, Extending the Sunset Provision Thereto Effeefivee: This Ordinance is necessary for the immediate pres ation of the public ,� peace, health, and safety and shall become effective on —7! day of e , 1994. v rabilit : If any portion of this Ordinance is held in by n co of competent ,jurisdiction, such portion shall be deemed a separate portionvf1his, i ce and such holding shall not affect the validity of the remaining portions of t is Ord n ce. d fi n: Adopted by the Jefferson Co 413oar f Commissioners this 21Z-day of December, 1994. JEFFERSON COUNTY BOARD OF STY COMMISSIONERS 0 v obert H' i Attest. > Glen Hunting )Eorna L. De Clerk of the Approved as (0� or : 9 i� E. STATE OF WASHINGTON County of Jefferson IN THE MATTER OF AN } EMERGENCY ORDINANCE } AMENDING THE JEFFERSON } COUNTY INTERIM CRITICAL } ORDINANCE 4-a228-95 AREAS ORDINANCE BY } EXTENDING THE SUNSET } PROVISION OF SECTION 13.60 } FINDINGS The Jefferson County Board of County Commissioners 1. On August 22, 1994, the Board of Commis o am �cd ordinance No. 05-0509-94, the Jefferson County Interim Critical Areas O din ancle. establishing a sunset clause for the purpose of reviewing certain elements o th rdi 2. The new ordinance section, Section 13.60, es t 'sh a repealing date of December 31, 1994 unless the ordinance was oth i amended. 3. A consulting firm was hired to review rt ' sections of Ordinance No. 05-0509-94 and facilitate a public process to reco e s s tive changes as deemed" appropriate. 4. Section 13.60 of the Jefferson C u tt Critical Areas Ordinance was amended by Ordinance No. 19-1227-9 , to i epealing date to March 1 st, 1995. 5. The public review and ordin ce a production process required under the Growth Management Act (RCW is ill ongoing and will not be complete by March 1, 1995. 6. The City of Port wns n ha a eed to consider extending the sunset date of the Jefferson Coun eir r 'ti Areas Ordinance. NOW, THEREFO�, JT RAINED by the Jefferson County Board of Commissioners as follows: Section 13.60 the n County Interim Critical Areas Ordinance is hereby amended to read: This O dt a hall remain in effect until the 24th day of April 1995, or until such date as_ an Critical Areas Ordinance repealing the Ordinance becomes effective, l�cve ccurs sooner. j This Ordinance is necessary for the immediate preservation of the public and safety and shall become effective on the28t11day of February, 1995. I�IN�MI���IINPopE Rm °y:541 ` Severability: if any portion of this Ordinance is held invalid by a court of competent jurisdiction, such portion shall be deemed a separate portion of this Ordinance and such holding shall not affect the validity of the remaining portions of this Ordinance. Adoption: Adopted by the Jefferson County Board of Commissioners this 28t Uay of February, 1995. M � L CA%L to � Lorna L. Delaney Clerk of the Board Approved as to Form: 2 I��I�A�NI��I�VIaPasc ',�.' =v STATE OF WASHINGTON County of Jefferson IN THE MATTER OF AN EMERGENCY ORDINANCE ORDIN CE NO. 05-0424-95 AMENDING THE JEFFERSON COUNTY INTERIM CRITICAL AREAS ORDINANCE BY EXTENDING THE SUNSET PROVISION OF SECTION 13.60 FINDINGS The Jefferson County Board of County Commissio a ent r the following findings: 1. On August 22, 1994, the Board of 'ssi n amended Ordinance No. 05-0509-94, the J fferso ounty Interim Critical Areas Ordinance, by establishing a sunse c use f r e purpose of reviewing certain elements of the ordinance. 2. The new ordinance section .60, es a repealing date of December 31, 1994 unless the ordinance o rwise amended. 3. A consulting firm was hired r 'ew certain sections of Ordinance No. 05- 0509-94 and facilitate a p s to recommend substantive changes as deemed appropriate. 4. Section 13.60 of Je my Interim Critical Areas Ordinance was amended by Ordin o. 1 27-94, extending the repealing date to March 11 1995 and by Ord'-0228-95, extending the repealing date to April 24, 1995. 5. The public revie ui ce language production process required under the Growth NApag t c (RCW 36.70A) is still ongoing and will not be NOW, R�BE IT ORDAINED by the Jefferson County Board of Commissioners as o o, s: Section 13.60 of ffe�s�n County Interim Critical Areas Ordinance is hereby amended to read: Tht O ' an s all remain in effect until the 22nd day of May 1995, or until such date as en ritical Areas Ordinance repealing the Ordinance becomes effective, w ch curs sooner. This Ordinance is necessary for the immediate preservation of the public i safety and shall become effective on � day of April, 1995. RESOURCES �3� me.pa Page: y. Ordinance No. 05-0424 -9 5 Severability: If any portion of this Ordinance is held invalid by a court of competent jurisdiction, such portion shall be deemed a separate portion of this Ordin cc and such holding shall not affect the validity of the remaining portions of this Ordinance. Adoption: Adopted by the Jefferson County Board of Commissi a 's day of April, 1995. e •• :L. <� % �., % • w � Attest: rna L. D aney Clerk of the Board .,AVVFB fed as to Form: o V Paul. Mcilrath, Prosecuting A 2 F 435974 page: 222 of 541 3sffersen Canty, A POPE RESOURCES NEBO See, STATE OF WASHINGTON County of Jefferson IN THE MATTER OF AN EMERGENCY ORDINANCE AMENDING THE JEFFERSON COUNTY RgTERIM CRITICAL AREAS ORDINANCE BY EXTENDING THE SUNSET PROVISION OF SECTION 13.60 The Jefferson County Board of County Q 1. On August 22, 1994, the Board of Ordinance No. 05-0509-94, the Ordinance, by establishing a sunse� elements of the ordinance. 2. The new ordinance section 13.60,. 1 1994 unless the ordinance " er% 3. A consulting firm was . to e 0509-94 and facilitate a public ro deemed appropriate. ORDINANCE NO.06-0522-95 th flowing findings: my Interim Critical Areas purpose of reviewing certain 'spa repealing date of December 31, amended. certain sections of. Ordinance No. 05- to recommend substantive changes as 4. Section 13.60 of the Je my Interim Critical Areas Ordinance was amended by Ordi e . I - 7-94, extending the repealing date to March 1, 1995 and by Or o. 0228-95, extending the repealing date to April 24, 1995 and by Or ' ce o. 5-0424-95, extending the repealing date to May 22, 1995. 5. The public revie d r ' ance language production process required under the Growth *age a (RCW 36.70A) is still ongoing and will not be NOW, THE BE rr ORDAINED by the Jefferson County Board of Commissioners as llo Section 13.60 o e fee n County Interim Critical Areas Ordinance is hereby amended to read: This O i all remain in effect until the 13th day of June 1995, or until such date as d Critical Areas Ordinance repealing the Ordinance becomes effective, occurs sooner. ; This Ordinance is necessary for the immediate preservation of the public and safety and shall become effective on day of May, 1995. 435974 Paw 223 of W Ordinance No. 06-0522-95 Severab ity: If anyportion of this Ordinance is meld invalid by a court of competent jurisdiction, such portion shall be deemed a separate portion of this Ordinance ance and such holding shall not affect the validity of the remaining portions of this Ordinance. � ,Anion: Adopted by the Jefferson County Board of May, i995. r - '► r :'i� Jr . ti. • Ye IALIV C ..s rna L. Deliney Clerk of the Board ppro as to Form: 0 r) C- "7,4-A---A tak�-�7 Dhvid Skeen, Jeffi 2 JEFFERSON COUNTY Ci E. • day of OF I,MIrsonMMNM�9A�N�"�a=: STATE OF WASHINGTON County of Jefferson IN THE MATTER OF AN 11-06 3 9-95 EMERGENCY ORDINANCE ORDINANCE NO. AMENDING THE JEFFERSON COUNTY INTERIM CRITICAL AREAS ORDINANCE BY EXTENDING THE SUNSET PROVISION OF SECTION 13.60 EMINGS The Jefferson County Board of County Commission r� en s the ldilowing findings: n \ 77 1. On August 22, 1994, the Board of o ssioended Ordinance No. 05-0509-94, the Person ounty Interim Critical Areas Ordinance, by establishing a sunset cl use fo a purpose of reviewing certain elements of the ordinance. 2. The new ordinance section 1 .60, estab ' a repealing date of December 31, 1994 unless the ordinance i o rwise amended. 3. A consulting firm was hired r 'ew certain sections of Ordinance No. 05- 0509-94 and facilitate a pu to recommend substantive changes as deemed appropriate. 4. Section 13.60 of th Jef o ty Interim Critical Areas Ordinance was amended by Ordin -94, extending the repealing date to March 1, 1995 and by Ordin 28-95, extending the repealing date to April 24, 1995 and by O . 5-0424-95, extending the repealing date to May 22, 1995 and by o. 6-0522-95, extending the repealing date to June 13, 1995. 5. The pub ' ' w r ance language production process rewired under the Growth e n ct (RCW 36.70A) is still ongoing and will not be camnlet by un 1 1995. NOW, Commissioners Section 13.60 read: IT ORDAINED by the Jefferson County Board of County Interim Critical Areas Ordinance is hereby amended to I hall remain in effect until the 26th day of June 1995, or until such date Critical Areas Ordinance repealing the Ordinance becomes effective, irs sooner. This Ordinance is necessary for the imm�te preservation of the public „� Lnd safety and shall become effective on j�day of June, 1995. 435974 Jefferson County, WA POPE RESOURCES REGO 500 - N Ordinance No. ~ 0G lI --AF,5 SeverabilE if any portion of this Ordinance is held invalid by a court of competent junsdicEi such portion shall be deemed a separate portion of this Ordinance and such holding shall not affect the validity of the remaining portions of this Ordinance. �\ Adoption: Adopted by the Jefferson County Board of June, 1995. Attest: LL Lorna L. Delaney Clerk of the Board as to David Skeen. Jeff 2 JEFFERSON COUNTY C( R�day of OF r BEFORE THE BOARD OF COUNTY COMMISSIONERS IN AND FOR THE COUNTY OF JEFFERSON STATE OF WASHINGTON IN THE MATTER OF AN } ORDINANCE AMENDING } THE JEFFERSON COUNTY } COUNTY INTERIM CRITICAL } ORDINANCE NO. 14 -0 2 AREAS ORDINANCE BY } AMENDING SECTIONS = } 397,11&13 } FINDINGS The Jefferson County Board of Commissioners ente follo findings: 1. The Washington State Legislature opted th wth Management Act, Engrossed Substitute House Bill 2929, now as Chapter 36.70A RCW, which, in part, requires local governments to designate ate to protect critical areas. 2. In accordance with RCW 6.7 0 (then) Washington State Department of Community Development Guidelines to classify and designate critical areas, codified as Chapter 365- 0 3. On May 9, 1994, the J Co oard of County Commissioners ("BOCC") adopted ordinance No. 05- 5 e n County Interim Critical Areas Ordinance ("CAO") pursuant to the r s CW 36.70A060. 4. On July 29, 9 , o ort Townsend and Shine Community Action Council ("SCAC") provisions of the CAO to the Western Washington Growth Management oard ("WWCTIvM" }. These appeals were subsequently consolidated by the W WO u er Case No. 94-2-0012. 5. In ffie-County committed to amend the Interim CAO to allow a public process for co d ra ' n each issue set forth in the petitions filed by the City of Port Townsend and S 6. 1n o r to accomplish this public process, the BOCC entered into a eement on October 24, 1994, with qualified ground water management consultants to ev 1 ate the issues raised in the appeal, those being, the critical aquifer recharge areas {" ") protection section(s) of the interim CAO, including saltwater intrusion issues, and 435974 Pane: 227 of 541 Jefferson County. WA POPE RESOURCES RESO WS . SO the County's critical aquifer recharge areas' maps. 7. The County, in conjunction with the consultants, held CARA public workshops from October 1994 through December 1994 to facilitate the public process and provide a framework for the recommendation of amendments to draft CARA ordinance sections and maps. 8. As a result of these workshops, the consultants submitted the January 5, 1 draft revisions of sections 3, 7, 11 and 13 of the Interim CAO, together with vi 0 Amaps, to the County on January 6, 1995. 9. Following review of the draft amendments to sections 3, 7, 11, k1 of a AO; and in order to address concerns raised at the CARA public workshops, C 'rected staff to study _ the impacts of this draft, to consider new informati �re�e a to streamline the proposed amendments. 10. County staff, in cooperation with the appeal t comp d and submitted to the BOCC draft amendments on February 24, 1995. Th endm were then presented for review to the CARA public work group at w eld on March 1 st, and 14th, 1995. Copies were also submitted to consul r comments. 11. Staff forwarded the February 24th draft ants to the Planning Commission for review and recommendations ' S, pursuant to Chapter 36.70.640 RCW. . The Planning Commission h d a t public meetings in March and AprU 1995 to review the staff draft, and p mmendations to the BOCC on May 8, 1995. 12. The BOCC conducted p h ' s on the February 24th draft, on April 18th (in Chimacum) and April 1 in e) 1995, in order to receive public testimony on the proposal, and r equirements of Chapter 36.70 RCW. 13. On May 9, 5, e O C held a public workshop with staff for the purpose of reviewing u s received, evaluating the modifications recommended by the Planning Co ' n, and the Prosecutors Office and determining the need for any final revisions. 14. The Pro 4cientce determined t t the revisions to the draft ordinance proposed by the BOC re substance warrant additional public review. Acting in response to as ce,OCC scheduled a public hearing for Monday, June 12, 1995. 1995, the County received a letter from the City of Port Townsend requesting s be made to subsections 7.301 and 7.502 of the proposed ordinance draft. The amendments to the ordinance addressed the issues of density thresholds for Area designation, the number of wells required to show chloride levels above resholds for susceptible or vulnerable area designation, and the application of on- site septic protection standards for Wellhead and Special Aquifer Recharge Areas currently mapped as non -susceptible. 16. On June 12, 1995, the BOCC conducted a public hearing on the final draft CAO amendments for the purpose of receiving public testimony on the proposal, pursuant to the procedural requirements of Chapter 36.70 RCW, . 17. On June 13, 1995, the BOCC held a scheduled meeting for the e f considering adoption of the draft ordinance. Also present at the meeting were r r ativ of the City of Port Townsend who argued that their concerns identified in 24, 9 5, letter be fully addressed if the County wished to avoid further legal c e ge. 18. _ . Acting in response to this request, the Jefferson Co ro ec o Office offered to negotiate with the City of Port Townsend and build #h it con int the draft ordinance where such an action would enhance the effe . n s o ance. 19. Following preparatory analysis work, of t e ity and County met on June 21, 1995 and discussed potential changes to the pro o o ce that would properly address the City's concerns. 20. Substantial agreement was reached at is eeting that on the basis of parcel size data supplied by the County that subse n h and 7.301.2.i of the proposed ordinance need not be modified. 21. Revised language that addr ncerns with subsection 7.502 of the proposed ordinance was also revid mo cations suggested. 22. The provisions of� '0�3 1.3 and 7.301.4 of the proposed ordinance were also revisited and po s discussed. 23. On June 22, 1 9 ep sen fives of the City of Port Townsend hand delivered to County staff propo en t language for subsections 7.301.3.d, 7.301.4.d, 7.301.6d, 7.301.7, 7.50 , an 7.502.2 of the proposed ordinance. 24. Followi g revi w of the proposed language, County staff determined that it reasonably reflecte th fusions reached on June 21, 1995 and incorporated this language, with limi eed rho ' lions. into the draft ordinance. ordinance identified as the 'Final Review Draft: June 23, 1995' was produced and made publicly available on this date. and implementation of the provisions of this ordinance to protect critical aquifer s is considered highly desirable by the County as they promise to offer sufficient 3 Jefferson �'�,' -� protection to groundwater sources such that the continued value of these resources will be maintained for beneficial use by all residents in both the short and long term. 27. The designation and protection mechanisms provided by this ordinance represent the culmination of an exhaustive and highly detailed public process that considered both the spirit and intent of the requirements of the Growth Management Act. n 28. The Board of Commissioners finds that adoption of this ordinFPO�020� ` s to bring the County into conformance with the requirements and goals of tgement Act, as identified in RCW 36.70A, RCW 36.70A.060, and RCW 29. In addition to bringing the County into compliance with the i`Apprequirements of the _ . Act, adoption of this ordinance shall also have the ben . g the protection of resources that are vital to the continued health of th p ti n o efferson County and it's continued ability to accommodate new dev�Ioppl 30. The Board intends that this ordinance shall ply to operty within the unincorporated areas of Jefferson County, to the extent p "Iy 31. These regulations allow for develo to proceed in a manner consistent with the rights of individuals to peacefully use and enjo roperty, while simultaneously regulating and mitigating development that will on property and the environment, thereby benefitting all the resident,==acts 32. U% These regulations bear a sub the County as a whole. n� 4 to the public health, safety and welfare of IIIII�I�IIIMIIpINN�°,�''� SECTION 3: SCOPE 3.40 Exemptions The following applications for building permits issued under the Jefferson Co Building Code Ordinance No. 1-0208-93, are exempt from the provisions of this ordinance: Alterations Woodstoves Propane Storage Tanks for single family residences or mobil es Title Elimination's on existing mobile homes SECTION 7: CRITICAL Subsections: 7.10 Introduction 7.20. Purpose 7.30 Clasacation/Designation 7.40 Applicability and Waivers 7.50 Protection Standards Aquifer recharge areas in allow percolation of geologic formations of water to wefts and portions of Jefferson oui This section p to physical {i vulnerable to ouno are characterized by porous geologic formations that soUs and the underlying zone of saturation. Aquifers are pt saturated permeable material to yield significant quantities serve as the source of drinking water within most of the rural un measures for aquifers which are susceptible to contamination due 3rs which enhance the vertical movement of contaminants and are reflecting a combination of natural susceptibility and the presence of tial for contamination to occur. the Critical Aquifer Recharge Area section is to: the public health and safety by preventing the degradation of groundwater that is i RH�NII��I��II:36874/0412000 ::Jefferson County, WA POPE RESOURCES RESO 598. N 1 now, or which could be used in the future, as a source for drinking water; 2 3 2. Prevent degradation of groundwater quality and quantity that would interfere with or 4 become injurious to beneficial uses; 5 6 3. Prevent further degradation and, if possible, improve groundwater q where 7 degradation is observed; 8 9 4. Support effective management of the ground water resour rs n County to 10 ensure adequate supplies of water for all beneficial uses; 11 . 12 5. Implement development regulations which are consistent o f the Growth 13 Management Act (Chapter 36.70A RCW) and the critp ns of that act; 14 15 6. Maintain consistency with the Ground Water of the state of Washington 16 (Chapter 173-200 WAC) and the state's egra on policy as enunciated in that 17 chapter; 18 19 7. Facilitate implementation of the ublic wa ply Wellhead Protection Program 20 developed in accordance with the ents of the Washington State Board of Health 21 Drinking Water Regulations (Chapter 6- 0 WAC). 22 23 24 frIssignation 25 26 7.301 Classification. Aquifer rec classified according to the degree of vulnerability 27 and the nature of contaminant ri Recharge Areas are naturally susceptible and are 28 vuhm-able due to the a or of contaminant sources that can lead to water quality 29 and/or quantity de e ' g classifications define areas which are susceptible and 30 vulnerable to co o land uses, and areas which are susceptible and vulnerable 31 to seawater intrusi n 32 33 1 Su le c are those with geologic and hydrologic conditions that 34 promote t on of recharge waters to groundwater aquifers. This includes any 35 portion o Je n County with a DRASTIC index of greater than or equal to 180 points 36 as dete g the U.S. Environmental Protection Agency DRASTIC methodology: 37 D sti . dardized System for Evaluating Ground Water Pollution Using 38 o o 'c Settings (EPA 600/23-87-035). For the purposes of this section, unless 39 h 'se etermined per section 11.50, the following geologic units, as identified from 40 v State of Washington Department of Natural Resources geologic mapping, define 41 u eptible aquifer recharge areas for east Jefferson County: 42 43 a. Alluvial fans (Ha), FA 1 2 •3 4 5 _6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 435974 Page: 232 of 541 09/04/2000 11:40R Jefferson CamtY, WA POPE RESOURCES RESO 500.00 b. Artificial fill (Hx), c. Beach sand & gravel (Hb), d. Dune sand (Hd), e. Flood plain alluvium (Hf), f. Vashon recessional outwash in deltas and alluvial fans (Vrd), g. Vashon recessional outwash in meltwater channels (Vro), h. Vashon ice contact stratified drift (Vi), i. Vashon ablation till (Vat), j. Vashon advance outwash (Vao), k. Whidbey formation (Pw), and 1. Pre-Vashon stratified drift (Py). 2. yuln=We Ae mder Recharge Areas are those areas m 'th r uir�ients of Susceptible Aquifer Recharge Areas and which are overlain f o d use zones as identified in the Jefferson County Zoning Code: a. M-2: Heavy Industrial b. M-1: Light Industrial C. C-2: General Commercial d. M-C: Light Industrial/Commer ' e. C-1: Neighborhood Comm f. Cr 1: General Use i. requiring a Sp o nal Use Permit or n. with nonconfo� d otherwise require a Special Use or Conditional Use P g. Unsewered Plann t opments h. Unseweredd ti d opment in zones with gross densities greater than one unit per i. Unsewe r residential development with gross densities greater than one unit �'"'l 2 a fo a clustered portion of the development 3. Suscepfible S Intfu i n Areas include those areas characterized by the following criteria: a. A lino o chloride analyses from wells demonstrating concentrations greater than 0 50 mg/l; L St certified laboratory tests from test wells demonstrating chloride concentrations �g�rZ er than or equal to 50 mg/l; and Located within a ground water basin where chloride concentrations are greater than or equal to 50 mg/l. 3 435974 page: nS of 541 Jefferson County. WA POPE REWNCES RESO M. N d. A history of chloride analysis from a Group A or a Group B well demonstrating concentrations greater than or equal to 50 mg/l, 4. Vulnergle Seawaterinclude those areas characterized by the following criteria: < \ a. A history of chloride analyses from wells demonstrating co t a2io s greater than or equal to 100 mg/l; b. Located within a ground water basin where chloride c�Cntra 'ons are greater than or equal to 100 mg/I; and C. Chloride concentrations between 50 10 et show a trend towards increasing chloride levels; and d. A history of chloride analyses from oup r a Group B well demonstrating concentrations greater than or equal to 0 5. Where there are indications that chlo ' e Is observed in ground water quality analyses reflect connate water and are not rel o uenced by current coastal saltwater bodies, such chloride levels shall not be a on of seawater infusion critical aquifer recharge area boundaries. Tell may be used to differentiate between connate and non -connate chloride sii e . ple will be collected for laboratory analysis of major cations and anions. the analysis will include the following constituents: chloride, siilfate, total ph e e + nitrite, total alkalinity, calcium, iron, magnesium, potassium, silica, d b o 'de. Evaluating the proportions of these constituents in ground water r vvat determine whether the intrusion is a result of connote or non-connot sources. 51 El �L include: Management Areas designated by the Washington Department of authority of Chapter 173-100 WAC and Chapter 90.44 RCW. e Aquifers designated by the U.S. Environmental Protection Agency in with the Safe Drinking Water Act of 1974 (Public Law 93-523). Special Protection Areas designated by the Washington Department of Ecology under Chapter 173-200 WAC. 4 435974 Jefferson Cocwt t r � WA POPE REBouftas R0E08041 00f 640A 1 d. Wellhead Protection Areas determined in accordance with delineation methodologies 2 specified by the Washington Department of Health under authority of Chapter 246- 3 290 WAC. 4 - 5 7. The Jefferson County Environmental Health Division shall prepare an initial Susceptible 6 Seawater Intrusion Area delineation based on readily available existin to and develop a 7 methodology for determining whether a susceptible area should be deal a Vulnerable 8 Seawater Intrusion Area within six (6) months of adoption of this r E e. The 9 methodology shall include. procedures and regulations to cone on o centrations, 10 specific conductance readings, well location and elevation for 11 12 a. All new wells constructed in Jefferson County, an 13 14 - b. Monitoring and statistical evaluation protocol o we sated within Susceptible 15 _ Seawater Intrusion Areas. 16 17 $, The Division shall evaluate each of the ini at uscep 'b a Areas, in accordance with the 18 above methodology, for designation as vulne e ' 'n 18 months of the adoption of 19 this ordinance. When one Group A or Group alone has been used to delineate a 20 Seawater Intrusion Area, the extent area delineated will be that area served by the 21 subject well. 22 23 2. The Division shall also deve op a fo eceiving and analyzing new data in order to 24 continually assess the con di a rs and may charge fees consistent with the cost 25 of delivering the program. 26 27 28 7.302 Desigation. Criti er ge Areas are defined as Vulnerable Aquifer Recharge 29 Areas, Vulnerable Sea and Special Aquifer Recharge Protection Areas and 30 shall be subject to the e r and standards of this section and ordinance. The most 31 stringent requirem ds f all applicable areas shall be enforced. 32 33 Jefferson County sh p and exhibit a dated Critical Aquifer Recharge Area map which will 34 demonstrate the distribution of the Vulnerable Aquifer Recharge Areas, Vulnerable 35 Seawater Intro io Ar , and Special Aquifer Recharge Protection Areas. The Critical Aquifer 36 Recharge Area ap be revised, modified, and updated at least annually to reflect additional 37 informatio . 38 39 40 7.40 Anplicabilky and Waivers 41 42 4 i ili . This section shall apply to new development or expansion of existing 43 d t that is subject to requirements for one or more of the triggering permits and approvals 5 435974 Page: 228 of $41 listed under section 3 of the Jefferson County Interim Critical Areas Ordinance (no. 05-0509-94 or any subsequent revision). w 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 all Vulnerable Aquifer Recharge Areas and Special Aquifer Prot 'on Areas and shall require a Critical Aquifer Recharge Report pursuant to section 11.50. ' all other areas of the county. These activities may only be allowed in other areas f t ty if the report determines that the area is not susceptible as defined in secti 0 on obtaining a waiver pursuant to Section 7.404: a. Chemical manufacturing and reprocessing; b. Creosote/asphalt manufacturing or treatment; C. Electroplating and metal coating activities; d. Hazardous waste treatment, storage, d spo e. Petroleum product refinement and r ocess' f. Underground storage tanks located ' W g. High intensity recycling facilities as e h. Solid waste landfills; L Waste piles as defined in C to 173-304 WAC; j. Wood and wood products pr k. Storage and primary el i rocessing 2. Proposed additions to thi shall refer their recomme review and action. Follow 3. All other land mitigating cor. where anolirA ad Protection Areas. Jefferson County Zoning Code. and reprocessing; erred to the Critical Areas Administrator, who the Board of County Commissioners for their identified in Chapter 4 of this ordinance. the protection standards contained in Section 7.50 and a Critical Aquifer Report or Seawater intrusion Report, 7.404 Waivers. In et hether an exception is appropriate, the Administrator shall require 'that the proposed lan use will not create significant adverse groundwater quality or quantity impacts. In m tiu rmination, the Administrator may require that an applicant prepare a Critical Aquif r ec a Area Report (per section 11.502) or Seawater Intrusion Report (per section 11.503). In ing waivers, the Administrator may require conditions of waiver approval, including ' 'on, s necessary to ensure that the subject land or water use action will not pose a risk of dwater quality or quantity impacts. The determination of adverse groundwater �uay' a s shall be based on the Antidegradation policy included in Chapter 173-200 WAC. The applicant shall follow procedures and criteria as defined in for reasonable use variances. I�� �II�IINIIIA�OURCES .•S ;.609. y4� 1 7.406 Comfligta With Qther SeZigns. Where in conflict with other portions of this ordinance, the 2 provisions of this section, Section 7, and subsection 11.50 shall take precedence. '3 4 . 5 7,50 Protection Standards 6 7 7.501 Ste. The following protection standards shall apply to land use act" vi 'es in Vulnerable 8 Aquifer Protection Areas and Special Aquifer Protection Areas unless mitigati i 'ons have been 9 identified in a Critical Aquifer Recharge Report that has been prepared pursu C . 01 11.502. For 10 land use activities in Vulnerable Seawater Intrusion Areas the protectio ds t b developed 11 pursuant to section 7.510 shall apply unless mitigating conditions hav en i n ifie a Seawater 12 Intrusion Report that has been prepared pursuant to section 11.503 _ 13 14 7.502 Qn-Site Sewage Dish 15 16 1. All Vulnerable Aquifer Recharge Areas and Sp ci qu' ge Protection Areas that 17 are also susceptible (as defined by subsectio .301.1 's ordinance), or which contain 18 Type I soils, shall be designated Areas of S Co a pursuant to Chapter 246-272- 19 21501 WAC. 20 21 L Such designation shall idea ' um land area and best management practices 22 for nitrogen removal as desi ers necessary for the "protection of public 23 health and ground water qu ' 24 25 ii. Best Management s) shall be adopted according to procedures 26 specified in Section 4 4.10, Item. #2 a and b of this ordinance and by 27 action of the Boar o 28 29 2. Special Aquifer ge Areas not designated as Areas of Special Concern under 30 the provisions f 02.1 of this ordinance shall be designated as such by the 31 County upo p oval of information submitted to the County. In the case of 32 Wellhead Pr t , such additional information will be that generated by the water 33 purveyor an ro ' ed the County and the State Department of Health regarding final 34 designation lh d Protection Areas, as required by Chapter 246-290 WAC. Any 35 addition pf pecial Concern designated through this process shall receive the 36 protecti ideas i in subsection 7.502.1 of this ordinance. 37 38 7.503 and Other Turf Cultivation. Golf courses shall be developed and operated in a 39 es en "Best Management Practices for Golf Course Development and Operation", 40 vironmental Division (now: Department of Development and Environmental ' 41 Servi ), an 1993. Recreational and institutional facilities (e.g. parks and schools) with 42 a ensive ar of cultivated turf, shall be operated in a manner consistent with portions of the 43 r e o ed best management practices pertaining to fertilizer and pesticide use, storage, and 44 disn F] 435974 Paw 237 of 541 Jefferson Catmtr, WA POPE RESOURCES RESO4Jsee "1:40A l 7.504 Commercial A 'culture. Commercial agricultural activities, including landscaping operations 2 must be operated in accordance with best management practices for fertilizer, pesticide, and animal 3 waste management as developed by the Jefferson County Conservation District. 4 5 7.505 Undergro nit d Stagg Tanks. Where not otherwise prohibited under this ordinance, 6 underground storage tank design, construction, installation, operation, and nitoring shall be 7 regulated by the Washington Department of Ecology in accordance with Chap r 0.76 RCW and 8 Chapter 173-360 WAC. The Jefferson County Fire Marshall shall ensure at oil and farm 9 fuel tanks of less than 1,100 gallons, which are currently exempt re i under the 10 Washington Department of Ecology program, serving new devWmep or ansions or 11 replacements are installed, operated, and monitored in a manner tha r6te tt oun water. 12 13 7.506 , Above Ground Storage Tanks. Above ground tanks shall a 'c , co tructed, installed, 14 used and operated in a manner which prevents the release of a d u substances or dangerous 15 wastes to the ground or groundwater. Above gro ra t intended to hold or store 16 hazardous substances or dangerous wastes are pro ed wi impervious containment area, 17 equivalent to or greater than 100 percent of the tank v ume, a cl sing and underlying the tank, or 18 ensure that other measures are undertaken as prescrib by ' orm Fire Code which provide an 19 equivalent measure of protection. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 7.507 StormwaterPWgul. Stormwater best management practices and facility desi Management Manual, for the Puget Sounc controlled and treated in accordance with identified and defined in the Stormwater.. 7. 08 hkina and . Within the effective date of this ordinance, the Jefferson County Development Review Di ' io s "Pare mining and quarrying performance standards conWning groundwater protectio est ement practices pertaining to operation, closure, and the operation of gravel serer cement concrete batch plants, and asphalt concrete. batch plants. 7.509 use activities that generate hazardous waste, which are not prohibited outright 's o ce, and which are conditionally exempt from regulation by the Washington Departm o cology under WAC 173-303-100, or which use, store, or handle hazardous subst c s required to prepare and submit a hazardous materials management plan. The bazar s s management plan will remain on file with the Jefferson County Public Works Departm n d e updated annually by the facility owner. The hazardous materials manageme t p demonstrate that the development will not have an adverse impact on ground Within twelve (12) months of the effective date of this ordinance, the Jefferson C 'c or Department and Environment Health Division shall develop and implement a pros co cling and funding monitoring and enforcement related to hazardous substances and do a use, storage, handling and disposal. 8 Subsections: 13.10 Violations 13.20 Remedies 13.30 Severability 13.40 Effective Date 13.50 Adoption ,��rson�y.�����I�IVlll�asREBO � aM SECTION 13: LEGAL PROVISIONS 13.20 Remedies 5. In addition to the remedies described abo issue civil penalties or administrative fines in to issue stop work orders enforceable by the and to withdraw other permits issued by Je are corrected. Each and every suc 'o1a offense, and in the case of a con ' deemed a separate and distinct violatoo procures, aids, or abets in the viol s of this subsection and subjI ebe set in consideration ofth' us 'impact on public health or , 12 ve dmihiairatvf shall have the authority to amoun to $500 a day for each violation, g or upon discovery of violations, ffe on u for such projects until violations -ion s e considered a separate and distinct lation, every clays continuance shall be and be ery act of commission or omission which considered a violation under the provisions erein provided for. The penalty amount shall of the violator and the severity of the violator's addition to other relevant factors. :S.s.74:: 1 the potential effect on local wetlands, springs, lakes or streams. An individual with the qualifications 2 specified in 11.505 shall prepare the Seawater Intrusion Report. Where applicable, the requirements 3 identified in 7.510 may be waived by the Administrator. 4 5 The Jefferson County Environment Health Division shall coordinate with the Washington Department 6 of Ecology to ensure that the Seawater Intrusion Report requirements and co nt described above 7 are not in conflict with the Department of Ecology's water right permit procedu Additionally, the 8 Environmental Health Division shall coordinate with the Washington t of Health�to 9 determine requirements for preparation of Seawater Intrusion Reports b to systems, into 10 the water system planning requirements of Chapter 246-290 WA to o d of Health 11 Drinking Water Regulations. 12 13 11.504 Professional nualificatiQ s. The minimum qualifica ' n fo un water scientists and 14 engineers performing groundwater and contaminant transp rt ev 'ons d preparing critical 15 aquifer recharge area and seawater intrusion report b ed pursuant to acceptable 16 industry standards for training and experience and fish a State of Washington in the 17 Washington Administrative Code or by statute. 18 19 20 11.505 Coumv Review. Reports shall be sub to the Administrator. Reports shall be forwarded 21 to the Jefferson County Environmental Heal i ' 'on for technical review... The Environmental 22 Health Division shall review the reports freceipt to determine !heir adequacy. The. 23 E Health Division may reques rmation in order to determine the adequacy 24 of the reports. The Administrator d propriate conditions as identified in the report 25 to mitigate proposed land uses. The r shall be authorized to collect fees necessary to 26 recover costs associated with pro in review of critical aquifer recharge area reports and 27 seawater intrusion reports, impl a the protection standards contained within subsection 28 7.50 of this ordinance, ti of the general provisions of the critical aquifer recharge 29 area provisions of this r c will be incorporated into Appendix A of the Jefferson 30 County Interim Criti ce. 11 Jefferson County, 1 1. A detailed description of the project including all processes and other activities which have 2 the potential for contaminating groundwater; . 3 4 2. A hydrogeologic evaluation which includes at a minimum: 5 a. A description of the hydrogeologic setting of the aquifer regio , b. Site location, topography, drainage, and surface water bodies, C. Soils and geologic units underlying the site, d. Ground water characteristics of the area, including;e, ire adient, and existing groundwater quality, e. The location and characteristics of wells and spring 'n 1 0 0 feet of the site, f. An evaluation of existing on -site groundwater rec d _ g. A discussion and evaluation of the potential im at e p sal upon groundwater recharge; 3. A contaminant transport analysis for the up ost dwater supply aquifer assuming an accidental spill or release of project spe ' con is or on -site sewage discharge, or both if applicable; 20 4. For proposals within Vulnerable A4,k Recharge Areas and Special Aquifer Protection 21 Areas, an evaluation and discussion of ential impact of the proposal on groundwater 22 quality, both short -.and long-t assessment of the cumulative impacts of 23 the proposal in combination with potential future land use activities, including . 24 analysis of impacts at full -o pon current zoning and those lots of record in 25 existence at time of submittal application; 26 27 5. A discussion and evalua ' s available on -site spill response and containment 28 equipment, employ r o training, and emergency service coordination measures; 29 30 6. Proposed b ge en practices to minimize exposure of permeable surfaces to 31 potential p an to event degradation of groundwater quality; and 32 33 7. Requiremen r monitoring program with financial guaranteeslassurances that the 34 monito ' ro 11 be implemented. 35 36 . 1.503 r ntrusion Repgrt Contn . A Seawater Intrusion Report shall be required 37 prior to d elineation of a Vulnerable Seawater Intrusion Area. The Seawater Intrusion 38 Report e ' cipal means by which potential impacts of seawater intrusion on a particular 39 w h b at within areas vulnerable to seawater intrusion. Analysis of the report win 40 in ' t h the proposed usage will result in seawater intrusion or further seawater intrusion. 41 The r o shall determine the potential for seawater intrusion into the proposed or existing 42 uctio ell and into any seaward or other nearby wells. In addition, it will evaluate the effect of 43 or existing ground water withdrawal on existing ground and surface waters, including 10 435974 Paw 241 of 541 1 7 0 Seawater Intrusion. Within six months of the adoption of this ordinance the Jefferson County 2 Environmental Health Division shall develop best management practices for application within 3 Vulnerable Seawater Intrusion Areas. The recommendations identified in the "Washington State DOE 4 - Geology, Water Resources, and Seawater Intrusion Assessment of Marrowstone Island, 5 Jefferson County, Washington (Water Supply Bulletin No. 59)" shall be used as guidelines for 6 developing Best Management Practices (BMP's). BMP's shall be adopted per pro dares as specified 7 in Section 4, subsection 4.10, item # 2, a & b of this ordinance. 8 9 7.511 Mitigating Conditiong. The Administrator may require additional 'n nditions, as 10 needed, -to provide protection to Vulnerable Aquifer Recharge Areas to e r hat a ubject land 11 or water use action will not pose a risk of significant adverse grou ater ali ' pacts. The 12 determination of significant adverse groundwater quality impacts will be he Antidegradation 13 policy included in Chapter 173-200 WAC. 14 15 7.512 Authority for Denial. The Administrator may/deny a r the protection standards 16 contained herein or added mitigating conditions p eve cant adverse groundwater 17 quality impacts. 18 19 20 21 SECTION ORTS :. 22 23 24 11.50 Boorts 25 26 11.501 Coal. Critical Aquifer eeports and Seawater Intrusion reports serve as the 27 primary means for Jefferson C t the accuracy of its Critical Aquifer Recharge Area map 28 and to determine specific ' er r o measures to be applied to prevent significant adverse 29 groundwater quality im 30 31 11502 Critical Aq rgn=. An initial evaluation shall be made by a qualified 32 groundwater scienti ' eer shall include an analysis of the DRASTIC rating for the site to 33 determine whether is above or below the threshold DRASTIC index of 180. The 34 DRASTIC analysucted for an area of at least 100 acres; if the project sites is less than 35 100 acres, the ar the site up to the 100 acre minimum shall be included in the analysis. 36 37 Should the ' 'on demonstrate to the satisfaction of the Administrator that the DRASTIC 38 index is 0 and that no groundwater quality degradation will occur as defined under 39 C C, the proposed land use shall not be subject to the requirements of this section. 40 Sh aluation confirm that the DRASTIC index for the area of the proposal is 180 or 41 reater that the proposal is likely to result in deterioration of groundwater quality, a complete 42 n ' a i r recharge area report must be prepared and submitted to the Administrator. 43 In di io o the DRASTIC index evaluation, critical aquifer recharge area reports shall include: Ve: 1 2 3 4 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 435974 Paso: 242 of 541 v. WA PM KSOLWES RESO SM. W This ordinance shall become effective on the 26th day of June, 1995 ..� Adopted by the Jefferson County Board of Commissioners this 26th ATTEST: Clerk AS TO FORM �0. David Skeen, J Prosecuting At BOARD OF CON%GSSl JEFFERSON COUNTY, I3 435974 Jefferson County. WA POPE RESMOES RESO B". so STATE OF WASHINGTON County of Jefferson ADMINISTRATIVE RULES Implementing the Jefferson County Interim Critical Areas Ordinance No. 14-0626-95. 10 NOW, by action of the Critical Areas Administrator following tk Ordinance No. 14-0626-95 that the following Best Management Sewage. The contaminants of concern, bacteria and nitrogen, wastewater in Type IA and 2A soils (excessiv c onsite sewage systems. To more adequately o ct contamination by these elements this ordinance h bi of treatment systems and land use density param to Where land use densities are such that to residential densities defined in Sec Ordinance, Best Management Practice; or expansion (as defined in WAC 24 sewage disposal system is ins ed. Vulnerable Aquifer Recharge Ordinance, and Susceptible aqu' c Protection Areas as defined i iom' Onsite treated (removed) from )nventional gravity fed Ater in these areas from utilizing a combination ate aquifer protection is not insured according of the Critical Aquifer Recharge Areas �n a wage shall apply to new development, I1 of existing development when an onsite agement Practices shall be required for ed in Section 7.302 of the Critical Areas areas that are also Special Aquifer Recharge of the Critical Areas Ordinance. Tables I and 2 ( all sed to determine the type of onsite sewage disposal system required m um lot size in different soil types where greater than or equal to thre o ertI eparation exists to a water table or other restrictive soil horizon. Ta le 4 ttached) shall be used to determine the type of onsite sewage 3isposal syste re ire d the minimum lot size in different soil type where greater 'han or equa e t and less than three feet of vertical separation exists. Lot size 'equireme t t e from the Washington State Onsite Sewage Code 246-272 Table i'II. Soi ex a Classifications and minimum standards for Methods of Effluent aistri +_ do or S xl Types and Depths are taken from WAC 246-272 Tables II and VI h I sizes do not meet the area requirements specified in Tables 1 through 4, and of on idation is impracticable, an approved composting toilet and greywater tr t nt system may be permitted. Permits for composting toilets shall include a co i on requiring further treatment of toilet waste at the Port Townsend composting fac' 'ty or other approved site. Onsite use or disposal of the toilet -generated compost shall not be allowed. II��I�N�NIA pM �WI�0�1435974-�. C. 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. Intermittent sand filter followed by a shallow pressure distribution em (also meets Treatment Standard 2) 2. Recirculating gravel filter 3. Composting and Incinerating toilets -- if these are used a m the facility shall be treated by the method normally required by ite 0' conditions required under WAC 246-272. For example: Type soil r quir Treatment Standard 2 under WAC 246-272. Only co ng r ' rating toilets listed as approved proprietary devices by the Was De ent of Health may be permitted. D. Systems that meet Treatment Standard 2 are ' ed approved by the Washington State Department of Health and are able in the Guidelines for the Application of Treatment Standards 1 and 2. Only th a terns that meet Treatment Standard 2 and are listed as Nitrogen Reduction B i u coon C, above) meet the standard for Critical Areas Aquifer Recharge re m s Type IA soils. E. Where a question/disagreem�n4 ard' _ e soil texture exists the followingr shall be used: procedure 1. Sample will Abeen nce of Jefferson County Health Department staff. 2. Chain of Guse followed. 3. Lab reportserson County Environmental Health Division and the applica�sentative, for review. Appeals: Conditio s ' osed.%r decisions made in accordance with this policy may be appealed in accord the provisions outlined in Sections 5.404 of the Jefferson County Critica� ' ance (No. 05-0509-94), and subsequent amendments. I 1 ' I Approve s e th day ofILO V / 1997. a Crit' a Area dmi trator Q `� 435974 Page: 245 of 541 E-' 0 m > 9U o N GIB C r� a a a a � 3 'L 3 •� 3 '� V s so II ,cn C4 gj fA O y .0 M O Ql � y O y CA O y . ca 3ACL o to O13 _ Vi Vr] L V n y C y= N C H G y = G O _ ` .2 C {] O of O v1 O y rn O Vi U n� es C] — ain 8 m in m o� Q O O U z z z z z z° z zz z a a. z z y Q 2 z «n N z r" M 6J ^ N R aLr CL y R R. OOQ ^ ICD y' Q3 y' •� "' c�i A c a CD c o 0 kn `N, N N CN tO14 — OR d La W H W Q' a 3 � r� � 0 C) U p CA CA a� 3 CY O a tiu ►> 0. y Z ❑ da z¢ m W 4u to +> E cn �� rO on cn Q •O u" U a� on cW'UV � y C t tn 1l _ L � L C` o _ •° ,o n a a`� U i (y xa V7 w o u •� o rti u C � N G � ar s � F •p � C. C. N m � V O � c U 0. u .e a o d n n .y z z C Ca lj/ lj/ 3 vlCL y Q =`v Um EN S G� r1 0 O J U �m��M�nn�a,�ss, 541 mom®r � Val 4'r] Vaj 0 o O a Q O Q O O O O V'1 fN�I C'4 a AL R 1 F� Ln i���Mwrw���w��,:, O y p La �o L � Q R � R ❑ s v] s � C y C � •� a •� N G N C O OC � � .� � ,Q • 3'� a y O H 3•.'. 3.0 p y O N O x 6i C y 0 v! O in Q n4 ca y R p y Ro Ga Cn En o CL CL 0 z z w a a• CL z O "' O z z z z N Q Q az z w =I W CZ R C. 'II E M ° z R E= z 7 V C C) Q d � Q O Q O _ _ 40 N Q 1,10 u u Ir Q V'c 3'y Q cn cci � cwC arm 1 s ti. •� L .Q aQ z ¢ Ao xw en en `yam rA 'O •4 to .p ca Q ,Z � .� c u •O tyn O ca 6 C d zw� rn w CA Q s cu a _ ¢ " cz. rn w rn z z .� z Q v w IM rn n z z N Q y F,��� U2 z ¢ _= dc�g rn 41 L E-�z In r'+'1 Q E y cva v In •:_ z Ev N o a o o o a a o �, C U °'^ N C oo V i hI zrq w w 435974 Pam: 20 of 541 APPENDIX "E" Jefferson County PROCEDURES Adopted August 28,1998 Effective September 28, 1998 \ \ Ordinance #04-O828-98 ��son wwiw�e�4sRESO M-r 00 STATE OF WASHINGTON County of Jefferson In the Matter of Establishing Procedures } for Land Use Applications Processed } by Jefferson County } ORDINANCE NO. 04-0828-98 WHEREAS, the Jefferson County Commissioners assessment of its land use permit system; and, WHEREAS, the recommendations of this assessme the following 4 documents: • A Land Use Application Procedures Ordinance; • A Code Interpretation Ordinance; • Rules of Procedure for land use hearings; • A decision format for all Jefferson County la� WHEREAS, a Citizen Task Force was a Ante" the Board of County Commissioners to assist in the preparation of these docum , and, WHEREAS, the Citizen Task F foundation for accomplishing land use refo which systematic revision to existing Ord' and; n, , WHEREAS, the ( ments as the basis for a concise, these documents provide a solid County and forms the framework by on of new ordinances can be achieved, recommended the adoption of these 4 docu- use code; and, :ounty Commissioners has reviewed the recom- the 4 draft documents, and agree that they will be Use Application Procedures Ordinance complies with State BE IT ORDAINED, by the Board of County Commissioners 435974 Pooet 251 of 541 11INIIIIIN1188/041200011:40A jeffsrgon County. WA POPE RESOURCES RESO 890.00 Section 1: Purpose The purpose of this Chapter is to establish procedures for land use applications processed by Jefferson County. The procedures are designed to promote timely and informed public participation; eliminate redundancy in the land use application review process; minimize delay and expense; and help ensure the use of land in a manner consistent with County Pals as set forth in the Comprehensive Plan and development regulations. Land use applica04 may also be subject to review under state and federal laws. Section 2: Definitions �% The followingterms are defined in Chapter One of the Jefferson Co. Code: P "Appellate Examiner" means the individual who decides appe s f 'ng iner decisions. The Appellate Examiner is a "Hearing Exa;rec " r e o es of Chapter 36.70 RCW. "Closed Record Agpeal" means an administrative apollo an open record hearing on a land use application. A closed record appeal is on the an oes not consider new documents or testimony. "Director" means the Director of the Dep . or nunity Development of Jefferson County. O "Open Record Appeal Hearing" m� r ord hearing held by the Hearings Examiner following an administrative decision a it tor. An open record appeal hearing by the Hearings Examiner is conducted in In er as a pre -decision open record hearing because the Hearings Exami * is t h decide the application anew with no weight given to the administrative deci o . "Open Record Hearn an pr -decision hearing that creates a record through testimony and submission of evi nc un p ocedures prescribed by this Chapter and using the Rules of Procedure adopted in a e with this Chapter. "PaM of Recor ' ean a Applicant and any person who, prior to the closing of the record, has submitted sub mments on an application. Environmental Policy Act in Chapter 43.21 C of the Revised Code of and any provisions of Jefferson County Code adopted pursuant to that Page 2 of 19 11111111111111111188/11V2000 ° 4:: Ordinance No. 04-0828-98 Land Use Application Procedures Section 3: Controlling Ordinance and Rules The procedures for decision -making described in this Chapter and in the Rules of Procedure adopted under this Chapter supersede any conflicting procedures that may be found in other chapters of the Jefferson County Code. This Chapter applies to existing pe it applications as well as to those that may be filed in the future. Section 4: Who May Apply Any property owner. or any person who has written authorization �6_ y submit a Iand use application. (( \\1 Section 5: Exemptions from Land,Ue�ication Processin A. Whenever a land use application has been de i ted Type A, B or C decision, the procedures in this Chapter shall be followed, a cept t t the following applications are excluded from the procedures set forth in this d to special circumstances that warrant different review processes: 1. Landmark designations; 2. Street or road vacations; 3. Street use permits; B. The following applications are exemp o th cedures set forth in this chapter except for the time limits required for iss o t oration of Completeness and a final decision: I . Boundary line adjus n ; 2. Building and other ti permits not subject to review under SEPA; and 3. Temporary Use ° ° -five (45) days duration or less. Secti of Land Use Applications. Land use applicatio c e ' to three categories: 1) Type A (Administrative decisions), 2) Type B (Heari g de isions), and 3) Type C (Board of County Commissioners decisions). A. Type A (Ad nts t e ecision) The folio ap c tions require a decision by the Director: 1. u rmits that are subject to review under SEPA; 2. Dwelling Units; 3 (- o e-based occupations; Te porary Uses of greater than forty-five (45) days duration; ondominium subdivisions of four (4) or fewer units; 6. obile home parks of four (4) or fewer lots; Amended by Ordinance No. 08-1123-98 Page 3 of 19 435974 Pear: 288 of 841 as10412000 11:40A Jefferson County, WA POPE RESOURCES RESO 598.00 Type A (Administrative Decision) 7. Plat alterations or vacations, not including Boundary Line Adjustments; 8. Short subdivisions of four (4) or fewer lots; 9. Subdivision exemptions; 10. Shoreline Exemptions; and 11. Shoreline Substantial Development Permits for Primary Uses. A. Type B (Hearing Examiner Decision) The following applications require a Hearing Examiner decision: 1. Planned Unit Developments; 2. Special Uses; 3. Conditional Uses; 4. Variances (Zoning, Critical Areas, Shc 5. Condominium subdivisions of five (5) b. Long Subdivisions, including mobile h (preliminary plat review); 7. Commercial/Industrial Park Divisions; 0 Su i isio , tc.); Imo xk five (5) lots or more 8. Shoreline Conditional Uses; 9. Shoreline Substantial Developm t rmits for secondary uses; and 10. Recreational Vehicle Parks/Cam er lu C. Type C (Board of County Com sio4(,u r is n) 1. Site -specific rezones, includinI701�nd plication requests that are consolidated with a request for a rezone, rE 2. Legislative actions, includin not affected by this C]Aapter� D. Other Applications The appropriate de Jefferson County ui accordance with th A. f County Commissioners decision. ae and Comprehensive Plan decisions, are )cess for any other land use application authorized by .s section shall be determined by the Director in the decision -making authority is expressly identified. nv7: Consolidated Applications Optiona on Iidated Permit Processing. A land use application that involves two or more p its ay, at the option of the Applicant, be consolidated into a single process using e 'g t ce ure required for any permit included in the application. For example, an ap ca ' n ' v Iving Type A. B and C permits shall be processed under Type C procedure. If the p 'cant does not opt to proceed with consolidated permit processing, the permit(s) Page 4 of 19 435974 Page: 264 of 541 Jefferson CeuntY, WA POPE REiOMEs 00104/2000 11:40A RESO ...a Optional Consolidated Permit Processing,. - Continued requiring the higher procedure(s) must be processed prior to the permits) requiring the lower procedure(s). For example, Type C permits must be processed prior to Type B permits. B. Joint Hearings 1. The Director may combine any hearing on a land use application with an o er hearing that may be held by another local, state, regional, federal, or other a n e application, so long as the requirements of subsection (3) are met. 2 Hearings shall be combined if requested by an Applicant, provi a. The requirements of subsection (3) are met; and b. The joint hearing can be within the time periods this section or the Applicant agrees to an alternate schedule in t onal time is needed in order to combine the hearings. 3. A joint hearing may be held with another local, te, gi a , e eras, or other agency on the proposed action, provided: a. The other agency is not expressly pro bi ed by to from doing so; b. Sufficient notice of the hearing is given of the agencies' adopted notice requirements as set forth' i statute, o ce or rule; C. Each agency has received the n e information about the proposed project from the Applicant to hold its hear' the same time as the local government hearing; and d. The hearing is held within J on, ty. Section S: Pr'cation Procedure A. Purpose The pre -application staff regarding a pn the Applicant by id( 1. Requirements proposal, pro( 2. Requirements guidelines arx with respect v between a potential Applicant and County of the pre -application conference is to assist ,including types of permits necessary to complete the r essing permits, and whether SEPA review is required; 7visions e with applicable County plans, goals, policies, codes or to the proposed project which will improve the proposal requirements; and 3. Required �es, reports, and/or other materials specific to the proposal that will provi ormation for staff to review the project. 4. All is shall be provided to the applicant in writing. B. e i d A ap ica 'on conference may be scheduled by the Director for any type of land use lica o , but is required prior to submitting an application for the following: Page 5 of 19 435974 Page: 255 of 541 00/0412000 11;40A Jefferson County, WA POPE RESOURCES RESO SWAG 1. Conditional Use Permits; 2. Special Use Permits; 3. Subdivision or planned unit development applications; 4. Shoreline substantial development permits, shoreline conditional use permits, or shoreline variance applications; 5. Mobile Home Parks; 6. Recreational Vehicle Parks/Camper Clubs; and 7. Consolidated project review. C. Fees An applicant may be charged a fee for a pre -application meeting in cor ce with fees established by resolution of the Board of County Commissio e Section 9: Proje t aqner The Director shall designate a Project Planner for eac 1 d use p lication submitted to the County. The Project Planner shall serve as the County r res t ve to the Applicant and shall process the application in accordance with the visions ofTeAerson County Code. The Applicant may rely upon written information p vi d by the Project Planner. Sect 1 'cations A. Required Information 1. A land use application shall a rms prescribed by the Director and shall include fees as required by resoluti o oard of County Commissioners. 2. The Director shalIs an e e mittal requirements for each application as specified in the applicable o o efferson County Code. The Director shall attach this summary as A x A ordinance to assist the public. The Director shall update Appendix A ti o y revised submittal requirements. 3. Additional req 're ents be requested in writing by the Director or Project Planner. The request s er a specific section of the Jefferson County Code where that informatio is eq 're in order to process the application. B. Inactivity An appl' a 'o ay a canceled for inactivity if an Applicant fails to specifically respond to the Pr t PI a 's written request for revisions, corrections, or additional information .n ' ty 0) calendar days of the date of the request. The Director shall extend the re n beyond sixty (60) calendar days if the Applicant provides and adheres to an a pro d chedule with specific target dates for submitting the full revisions, corrections, or Page 6 of 19 other information needed by the Project Planner. Failure to adhere to the approved schedule shall result in cancellation of the application. Section 11: Determination of Completen A. When Complete A land use application shall be complete when all submittal requiremem s 'fied in Section Ten of this Chapter, and all fees as required by resolution of the of unty Commissioners have been submitted. The Director may waive spec' u 'ltw requirements that are determined by the Director to be unnecess r re 'e o e application provided that the waiver is in writing and specifically s es the information is not needed. B. Notice 0 Within twenty-eight (28) calendar days after recei and plication, the Director shall either mail, fax, or otherwise provide to the p licant tten determination, stating either that the application is complete or that the a li do is complete and what is necessary to make the application complete. The no s inform the Applicant that the application may be canceled due to inacti ursuant to section 10 B of this chapter, if the Applicant does not respond within 60 days. C. Additional Information Within ten (10) working days alto* identified by the Director as being notify the Applicant whether the necessary. The Director shall ' t to inactivity, pursuant to ctio B within 60 days. D. When Deemed C6�m ete submitted additional information fora complete application, the Director shall is complete or what additional information is licant that the application may be canceled due chapter, if the Applicant does not respond If the Director dt-N no v de written determination as to whether the application is complete within en -ei t (28) calendar days, the application shall be deemed complete as ofth-e-twen ' th day. E. Change in Cii�cimstio pleteness shall not preclude the Director from requesting additional In circumstances is discovered during the review process and/or new to complete review or if substantial changes in the application are or additional information shall be in writing and shall identify the and need for additional information. Page 7 of 19 435974 Pase; 287 of Sal Jefferson County, WA POPE RESOURCES RESO412000 500.001'40A F. Standards for Review The determination of completeness initiates the review period for the application and entitles the Applicant to have the application considered and reviewed pursuant to the substantive Iaws, regulations and standards in effect on the date a complete application was submitted. Section 12: Application Time Fram A. Final Decision The County shall issue a final decision on a land use application wi non -hun a -twenty com (120) calendar days from the date the application is determined to 1 e. B. Calculation of Time For purposes of calculating the time period for issuance of fi c Sion, a time period shall begin on the first day following the date the ap io is 'ned to be complete. The following periods shall be excluded from the tion : 1. Any period during which the Applicant has b e reques by the Director or Project Planner to correct plans, perform required stu 'es, r r A a additional information; 2. Any period during which an environmental impa to ent is being prepared following a determination of significance purs t SEPA; 3. Any period during which an appeal is be' viewed; and 4. Any extension of time mutually agre on a Applicant and the Director or Project Planner. 0 C. Exceptions to Time Limits The time limits established by n not apply if a land use application includes one of the following: I . An amendment to t e oo r e i e Plan or an amendment to a land use development regulation; 2. Siting of an es ti b ' ility as provided in RCW 36.70A.200; or 3. An applicati iy vised by the Applicant, in which case the time period shall start from the ate t w ' e revised project application is determined to be complete pursuant to thi p D. County Fail r� tod ' 1 ere to Applicable Time Periods If the County to issue its final decision on a land use application within 120 days from th date a plication is determined to be complete, the County shall provide written notic this c o the project Applicant prior to the expiration of the 120 daytime period. no ' e '11 include a statement of reasons why the time periods have not been met and a sp i da or issuance of the notice of final decision. The revised date shall not exceed Si 0 additional days. Page 8 of 19 REGO M. so Section 13: Public Notice Requirements A. When Required All Type A, B and C land use applications require the following public notifi ations: 1. Notice of application and public comment period; 2. Notice of hearing, if a hearing is scheduled; and 3. Notice of decision and appeal period. B. Public Mailing List The Director shall maintain a mailing list of those persons who re es , in ting, to receive notice of all land use applications and decisions. Mailed noti s di 'buted to those persons as provided in this Chapter. 0 C. Notice of Application and Public Comment Pe ' otic blic 1. Time and Method of Notice: Within seven {7 en da s of issuing a written determination of complete application, the D' ct shal is ue a notice of application that includes the public comment period of thirty (3 end days commencing on the day the notice is issued. The notice of app Lion shall be provided to the public and other government agencies with jurisdiction o r me aspect of the application by the following means: a. Mailing written notice to adj i ' owners as required by applicable law. The list of property o s shall be provided by the Applicant based on information ieg#ding c t ownership of property listed on tax records and provided b itle Company doing business in Jefferson County. The list l c by the Department. b. Mailing written no c to individuals who requested in writing to be placed on a mail' eive tice of land use applications and decisions; C. Posting n ti a cial posting places of the County; and d. Publis i g oti in official newspaper of the County. 2. SEPA Review v a. If a e 'cation is subject to environmental review and requires a SEPA thr s o ermination, SEPA public notice and comment period shall be co a th other land use application notices when possible. b. o d notice shall include a statement that a comment letter may be ed that addresses environmental impacts as well as other issues subject to evie under the decision criteria for the land use application. C. f e Director expects to issue a Determination of Non -Significance under SEPA, the notice shall inform the public of proposed mitigation measures, if any, and explain that this may be the only opportunity to comment on the environmental impacts of the project. Page 9 of 19 435974 Page: 259 of $41 0910412000 11:40A Jefferson County, WA POPE RE50URCE6 RE50 599.00 d. The final SEPA threshold determination shall not be issued prior to the expiration of the notice of application comment period. 3. Notice of Application Contents The notice of application shall contain the following information: a. Date of application, date of complete application, and date of noti of application; b. A brief description of the proposed project and its location a dress if applicable; C. Identification of requested land use applications, existing e ' o ent documents pertaining to the proposal, and a location w e the p Iica ' n and existing documents may be reviewed; d. The date, time and place of any pre -decision heari a 1i tion; e. An address where comments may be mailed dart g e 3 - ay c mment period; f The preliminary determination, if any, of ev op en a lations that will be used for project mitigation; g. A statement of the right for any person to ' co e t on the application, ii) receive notice of hearings, and iii) recei a o the decision; and h. Any appeal rights. D. Notice of Open Record Hearing l . Time and Method of Notice Notice of an open record heart g s I ov' ed at least fourteen (14) calendar days prior to the hearing using the g ds: a. Posting notice in the offi ' places of the County; b. Publishing notice in a ic' wspaper of the County; C. Mailing notice to th ppl' t and Appellant and to those individuals who requested in ig o ed on a mailing list to receive notice of land use d. Mailinkteo adjoining property owners as required by applicable law. The li t owners and addresses shall be provided by the Applicant based o ' regarding current ownership of property listed on tax recordded by a Land Title Company doing business in Jefferson Coshall be certified by the Department; and e. Po ti g th otice at the subject property. The Applicant shall post a sign �o 'de the County containing the information described in subsection (2)(a) gh (g) below, "Hearing Notice Contents," in the manner prescribed by the e oti'e6 of Hearing shall contain the following information: a. Applicant, agent and project name; Name and telephone number of the Project Planner; Page 10 of 19 435974 Jefferson County. WA POPE MMOLOCES RESO 590.00 C. Hearing date, time and place and the code provision requiring the hearing; d. Location of the proposal including vicinity map and street address if useful; e. Brief description of the proposal and requested land use application; f. Information on the Rules of Procedure for the Hearing, including rocedures for public comment; and g. Any SEPA determination. 3. Additional Contents for Open Record Appeal Hearings. If the he is p record appeal hearing, the following information shall be provided in a to requirements under subsection D 2 of this section: a. The name of the Appellant; b. A brief description of the decision being appealed; C. A statement of who may participate in the appe E. Notice of Decision and Appeal Period 1. Contents A notice of decision shall be issued a land application. The notice of A. decision may be the decision itself. The notic s 1 incl d : a. A statement indicating that the applicati is pr ed, approved with modifications, denied or remanded; b. A brief statement of any c C. A statement of facts upon derived from those facts; d. A single consolidated� made on the applicatiZ: proposed under the develc report shall include �$lA been issued; and, { led as part of a decision; ion is based and the conclusions of law the recommendations and decisions state any mitigation required or ons or as required through SEPA. The if a determination has not previously e. r5decis _ 2. Distribut The notic;Sub �al 'stributed on the day of the decision by mail, fax or personalcant and to any person who, prior to the decision, requested notice ofted testimony or comments on the application. Section 1��-�IElistrative (Type A) Decision Procedures This sedtion *lips to all Type A applications. B. 'r mil Review Fora use application subject to Chapter 43.21 C RCW and Jefferson County's SEPA i c , a final SEPA threshold determination may be issued simultaneously with the final isio on the land use application. Page 11 of 19 435974 Page: 261 of 641 06l0412000 11;40A Jefferson County, WA POPE RESOURCES RESO 608.00 C. Decision Procedures I. In making a decision, the Director shall consider the policies of the Comprehensive PIan and subarea plans, the applicable criteria of the Jefferson County Code, and other applicable law. 2. Corrections or Clarification. a. The Director may correct clerical errors clearly identifiable fro a public record at any time. b. The Director may clarify a statement in the written decisio on the clarification does not materially alter the decision. D. Director Decision The Director may approve, approve with modifications or de li ion. The Director shall use the Land Use Decision Format provided in Appe iK t4 is Ater. E. Filing of Decision The Director shall maintain a notebook of all de sons, w c shall be available for public review. Copies of all decisions shall also be file . the rk of the Board of County Commissioners. F. Effect of Decision The decision of the Director is the final ' io o e County unless an appeal is filed with the Hearing Examiner in accordance 's a er. Section 15: Hearing Ex ype B) Decision Procedures A. Applicability This section applies;;e applications and all other land use applications consolidated under4prr e s using Consolidated Permit Review. B. Environmental For a land use ap �ica ' n s ct to SEPA, the final SEPA threshold determination shall be issued and any re p lic comment period shall be completed prior to a hearing. C. Decision Pr c dure 1. O en Rec a n : The Hearing Examiner shall hold an open record hearing prior to issZa ion. The Hearing Examiner shall maintain a record of the exhibits to tape recording of the testimony and arguments presented. The Rules of %ro adopted in accordance with this chapter shall be used, as appropriate, in the f the hearing. n Considerations: In making a decision, the Hearing Examiner shall consider the g: The contents of the application; Page 12 of 19 b. The record of the open record hearing on the application including any testimony and any written material submitted as part of the hearing process; and, C. The policies of the Comprehensive Plan and any applicable subarea plans, the decision criteria listed in each section of the Jefferson County Code under which the application was made, and any other applicable laws. 3. Continuance A hearing may be continued to a specific date without adds 'o al notice as long as all parties to the hearing are informed of the continuance. 4. Motion for Reconsideration A motion for reconsideration may to or ante with Rules of Procedure adopted in accordance with this chapte . otio 1 be filed in writing ten (10) working days from the date the He is decision was filed. Such motion shall be decided on the record. If a time p riate request for reconsideration is filed, the appeal period shall begin fro a d ision on the reconsideration is issued. 5. Corrections or Clarification a. The Hearing Examiner may correct cl erro early identifiable from the public record at any time. b. The Hearing Examiner may clarify a sta in e written decision as long as the clarification does not mat ' ly alter the ision. D. Hearing Examiner Decision 1. The Hearing Examiner may approve a e ' conditions, or deny an application. The Hearing Examiner shall use the L se cision Format provided in Appendix B to this Chapter. 2. The decision shall be issued wi ' t working days of the open record hearing, unless a longer period is d Po a Hearing Examiner and the Applicant. E. Filing of Decision 0 Copies of all decisio be a th the Clerk of the Board of County Commissioners. The Hearing Ex s l copies of all decisions to the Director. The Director shall o ok of all decisions, which shall be available for public review. F. Effect of Deg The decision filed in accot ing Examiner is the final decision of the County unless an appeal is this chapter. Page 13 of 19 4359?4 J�f/�rsen 2 63 County, WA POPE RESOURCES 00/: of 641 0104/2000 11.40q RESO S90.00 Section 16: Board of County Commissioners Decision (Type C) Procedures A. Applicability This section applies to Type C land use applications and all other land use icati consolidated under Type C procedures using Consolidated Permit Rev} B. Decision Procedures 1. Hearing Examiner Recommendation_ The Board of County o iss'o ers may refer a Type C application to the Hearing Examiner for an open recor a The Hearing Examiner shall follow the procedures set forth in this C d Rules of Procedure adopted in accordance with this Chapter. a can Examiner's written recommendation shall be transmitted to the B C issioners. 2. Board of County Commissioners' Hearing I e Boar o County Commissioners does not refer the application to the Hearing Exam er c mmendation as provided in subsection (B)(l) above, the Board of County Co sioners shall hold an open record hearing to consider the land use appl atx prior to issuing a decision. The Board of County Commissioners shall follow the oc ures set forth in this Chapter and in the Rules of Procedure adopted in acco�an�ue� ' .s Chapter. C. Board of County Commission ecistoit.�)1. Elements to be Considered. ounty Commissioners shall consider the following in deciding upo pp " at' n: a. The contents of t vli a ''on; b. The or o e bpeii�r���q�rd hearing on the application including any testimony and any m e sllubmitted as part of the hearing process; C. The r da " f the Hearing Examiner, if applicable; and, d. The f Comprehensive Plan and any applicable subarea plans, decisi n teria ' ed in each section of the Jefferson County Code under which the a is io was made, and any other applicable law. 2. Decision f County Commissioners may approve, approve with modific ti ns, o eny the application. If a decision has been referred to the Hearing Ex a or r ommendation and the Board determines that the Hearing Examiner's rec en insufficiently developed, the Board may remand the application to the e .ng finer with specific instructions for further proceedings. 3. Co c ' ns or Clarification a. a Board may amend the decision at any time to correct clerical errors clearly identifiable from the public record. Such a correction does not affect any time limit provided for in this Chapter. Page 14 of 19 b. The Board may clarify a statement in the written decision at any time as long as the clarification does not materially alter the decision. D. Filing Copies of all decisions shall be filed with the Clerk of the Board of County The Clerk of the Board shall forward copies of all decisions to the Director shall maintain a notebook of all decisions, which shall be available for t1 E. Effect of Decision The decision of the Board of County Commissioners shall be the 4ce,. n of the County on the application unless, within twenty-one (21) calendar day of a decision, an appeal is filed in Superior Court in accordance with Cha T Section 17: Appeal Procedu 7•. • • faType A A. Applicability Any person may appeal an Administrative A) decision. The Hearing Examiner shall decide all appeals of Administrative (Typed ci ' ns. B. Form and Content of the Appe 1. An appeal of an administratie4 Board of County Commissioners decision. 2. Appeals shall identi the contain a s 3. The appropriate e notice of a a ; expiration of fc 4. Following rec p o no Examiner shall -con ct I be filed in writing with the Clerk of the 4) calendar days after the date of the and the date of the decision, and shall ;roun"r the appeal. "e by County resolution must be paid upon filing of the be processed without receipt of the appropriate fee before ling the appeal. e of appeal and payment of the appropriate fee, the Hearing open record appeal hearing. C. Open Recor �V�pel earing Participa ' o record appeal hearing shall include the Applicant, the Applicant's represe Appellant, the Appellant's representative, appropriate County staff and ns an y witnesses called by the Applicant or the Appellant. Others may a i e Hearing Examiner determines that the testimony will be relevant to the issue on an non -repetitive of the testimony of other witnesses. The Hearing Examiner 1, t e extent appropriate, conduct the hearing in compliance with the Rules of ro adopted in accordance with this Chapter. Page 15 of 19 435974 Peke: 265 of 541 0810412000 11:40A Jefferson County, WA POPE RESOURCES RESO 590.00 D. Decision on the Appeal 1. Hearing In considering open record appeals, the Hearing Examiner shall: a. Affirm the decision; b. Reverse the decision; C. Affirm the decision with modifications; or d. Remand the decision to the Director for further consideration. earing Examiner shall include in the order the issues to be reviewe d. 2. Standard of Review The Hearing Examiner shall review the app ' do ew 'thout regard for the Director's decision. 3. Conditions The Hearing Examiner may include conditions of d cisi granting, or granting with modifications an appeal to insure conform ce Jefferson County Code, the County's Comprehensive Plan and other appli a a s re lations. 4. Written Decision The Hearing Examiner shall issue a en c sion on the appeal no later than ninety (90) calendar days from the d o e 'gi ecision from which the appeal is taken and no later than ten (10) wor days m e date the record is closed at the hearing. The written decision shall con ' the fo to ing: a. The decision of the Hearing Examiner an ' r enying the appeal in whole or in part; b. Any conditions included as p o e decision on the appeal; and C. Findings of facts upon which the ci ' ns based and the conclusions of law derived from those facts. 5. Distribution The Hearing Examine s 1 al copy of the written decision to the Applicant, the Appellant, thd�oi ct r, a y person requesting the written decision or who submitted substantive co en o e application prior to the decision. 6. Filing Copies of all decisio s led with the Clerk of the Board of County Commissioners. The He Ex reef shall also forward copies of all decisions to the Director. The Dire tt h 'n a notebook of all decisions, which shall be available for pu i 'e . 7. Ap1jeal of the isi o e earing Examiner The decision of the Hearing Examiner shall be final hin fourteen (14) calendar days after issuance of a decision, a party appeals a cisi the Appellate Examiner in accordance with this Chapter. Section peal Procedures —Appeal xaminer (Type B) Decision of a Hearing articipated in the Open Record Hearing may appeal a Hearing Examiner The Appellate Examiner shall decide appeals of Hearing Examiner Page 16 of 19 I��N�II�A�Yal�al�A POPE RMMESOLONCES �'°�',a, B. Form and Content of the Appeal 1. Any appeal shall be filed with the Clerk of the Board of County Commissioners within fourteen (14) calendar days after the date of the decision. 2. All appeals shall be filed in writing with the Clerk of the Board of County Commissioners, shall identify the decision appealed and the date of the 'lion, and shall contain a summary of the grounds for the appeal. 3. The appropriate fee as established by County resolution shall be pai up 1 g of the notice of appeal. No appeal will be processed without receipt of ro ' e ee before expiration of the period for filing the appeal. 4. Following receipt of a notice of appeal and payment of the ap op 'ate e , the Appellate Examiner shall conduct a closed record appeal. 5. The issues considered in the closed record appeal shall 1�md o s specified in the written appeal. C. Closed Record Appeal Appellant decisions shall be based only on the rec compi by the Hearing Examiner. The Appellate Examiner shall consider no new doc e r estimony. The Appellate Examiner may request legal briefs or oral ument if ap opriate to assist him in making the decision on appeal. D. Decision on the Appeal 1. Ham' In rendering a decision regarc o e ord appeal, the Appellate Examiner shall do one of the following based on a 'e o e record: a. Affirm the decision- b. Reverse the d cisio ; or C. Affirm the n cations; or d. Remand ' io o e Hearing Examiner for further consideration, including a state of e i e to be reviewed on remand. 2. S=dard ofe ' The Appellate er y grant the appeal if, following a review of the record, one of the followin ds been met: a. us decision is an erroneous interpretation of the law; b. e d decision is not supported by evidence that is substantial when 'e ght of the whole record; C. e d use decision is a clearly erroneous application of the law to the facts; or d. The d use decision is outside the authority or jurisdiction of the Hearing 3. n 'tio The Appellate Examiner may include conditions as part of a decision g or granting with modifications an appeal to insure conformance with the on County Code, the County's Comprehensive Plan and other applicable laws or Page 17 of 19 1� 435974 Page: 257 of 541 1111111111111111111111111111111111111111111111111111111 00/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 4. Written Decision The Appellate Examiner shall issue a written decision on the appeal no later than sixty (60) calendar days from the date of the original decision from which the appeal is taken, and no later than ten (10) working days from the date of transmittal of the record and submittal of any written or oral arguments. The written decision shall contain the following: a. The decision of the Appellate Examiner on appeal; b. Any conditions included as part of the decision on the ap C. Findings of facts upon which the decision, including any the conclusions of law derived from those facts; and d. The right of an Applicant or Appellant to appeal the deb Examiner. 5. Distribution The Appellate Examiner shall mail a copy Applicant, the Appellant, the Hearing Examiner, the Dii the written decision or who submitted substanti co the decision. 6. Filing Copies of all decisions shall be filed w Commissioners. The Hearing Examiner shall Director. The Director shall maintain oteb available for public review. 7. Anneal of the Decision of the Anpellate F. Examiner shall be final unless wi decision an appeal is filed with S and Appellate sion to the ny person requesting application prior to �f the Board of County copies of all decisions to the isions, which shall be The decision of the Appellate (21) calendar days after issuance of a accordance with Chapter 36.70C RCW. Section ��View Procedures Application Director ea g xa i er Appellate Examiner Board of County Type Commissioners Type A D A Op ecord) (Closed Record)* Type B D A ( en Record) (Closed Record)* Type C R t D* D = Decision A = Appe 'UQ R = Rec en lion upon request of Board of County Commissioners o is tive Actions (Area -wide re -zones, Comprehensive Plan adoption or amend- 0 n ffected by this Chapter. Th a decisions may be appealed to Superior Court or the Shorelines Hearings Board in a ordance with Chapter 36.70C RCW or Chapter 90.58 RCW. Page 18 of 19 Section 20: Repealer This Ordinance repeals and replaces Ordinance No. 08-0408-96 in its entirety. Section 21: Severability If any section, subsection, sentence, clause, phrase, or figure of this any person or circumstance is held invalid, the remainder ofthe ordin persons or circumstances shall not be affected. Section 22: Effective D tD This ordinance shall become effective 30 days after ad Section 23: A 'o adopted by the Board of { N Loma Delaney, CMC Clerk of the Board �?, APPROVED AS FO JeffE \ \ rosecuting Attorney this 28" day of August, 1998. U JI S-1 (Excused Absence) Daniel Harpole, Member Page 19 of 19 }cation to f� to other JEFFERSON COUNTY PLANNING DEPARTMENT .V= Jefferson County Courthouse P.O. Box 1220 Port Townsend. WA 98368 (360) 385-9123 PAX: (380) 386-OW 1-800-831.2678 August 28, 1998 TO: Jefferson County Department of Community Development FROM: Al Scalf Director of Community Development SUBJ: Application Submittal Requirements Rules of Procedure for Land Use Hearings The department staff shall use the following appendi a for p ing land use permits: Appendix A: Application Submittal Requirem is Appendix C: Rules of Procedure for lAmd Use Hearings Please note Appendix B, Format for Land i, is adopted by the BOCC through the Land Use Application Procedures c% n cc: u Board of County Commis i ers PT Z811`i48 435974 Jefferson Winty. WA POPE REBOURCES PESO 599.00 0 j. IV 0 r# .-q U) * . -0 -4 M > < (A > M M = 0 0 I-V -0 , - > S 0 0 , 0 CLr. W :5. CL 0 Q. - .0 M I > 0 1Z o 2L > CD * :0 is 0 a 2 0 n a 's CD CL 9 M 0:0 '0 0 0 M Z im. 0scn iu =r :-4 M !M 0 :2 .4 U) :M C' 0 in, M, Me (1) : 6A 0. CL : 0 0 rn M BO r+ Cn W) Z ON > — a CL 10 lei 0 =r gt 2r : 3 M -rn M #A 0 :0 0 Z ;1 :M :Z A. Z W Z Z. -Z x !(A ;a -Acc Dwelling Unit ;a CA =:M (A ;a ;a ;a 1;0 ;a M Conditional Use co Cn 0 M Z Z ;a i M M. CA -Home Occupation 0 M In M M (MA M M ;V M M PUD Z Z Cn Z IM Z Z Z i Rezone . .... ...... Special Use 0 X is ;0 ;a . ' (n Z Cn Temporary Use Pa ;a -;MD M ;0 ;aBinding Site Plan T- Comm Subdivision 471— - CA CA ;a CA (n Z:;V -CA ;a cn ;a ;a Plat Alteration w i W :;a (A x Z po ;0:= ;a :10 ;U l Long Plat Z (A ;a 1:0 1(n :0 W M Short Plat Z Z cnra Z in Z Cn CA ;a ka M ;a (A Subdivision Ex Cn Z!M (A Z Z Z UA Cn M :0 Ch Exemption V) (n is V) Z Z Z :;a ;a ;0 ;0:;o Conditional Use 0 0 •;,o (n Cn (n IM Cn Z Z Z ! pa Primary Use C: Z 'd M (n cn w cn M Cn Z Z (n 1;0 x ;0 Secondary Use N , (A Z ;a Z Bu.ildin.g . E . .. .......... aCn cn 40H Building (Comm) z 0 —I �'� 1MI,�INN111111�MINNII� , 435974 Page: 271 of 641 APPENDIX T3 BEFORE THE ADMINISTRATOR/HEARING EXANIINER/ BOCC OF JEFFERSON COUNTY In Re: (Insert the Name of the Applicant, } No. (Place Case # Here) Application or Appeal Here) ) I. Summary of the Proceedings A summary of the proceedings should, at a minimum, outline the c al history of the case (including specific dates of hearings and notices}, ' o e 'bits received and all persons who testified at the hearing, and leg 1 riefs led by the parties. A "summary" of testimony should not be 1' upon in a Finding H. Findings f ct The Supreme Court decided in Weyerhaeuser v. Pierqe my that: "Findings of fact by an adminis ra ' e agency are subject to the same requirement as are findings of fact drawn by a�afzourt. The purpose of findings of fact is to ensure that the decision -maker e y and properly with all issues in the case before he or she decides 't s h parties involved and the appellate court may be fully informed�s,to t a e his or her decision." Findings of fact should be state =Uased erifiable fact relevant to the criteria for review of the application. The find' exclusively on evidence presented in the hearing that establish s the a 'step e r nonexistence of factual matters. A finding must be made on each c i ue ct and must reference a specific exhibit or testimony that su p rt a Ing. 11L Criteria for Review v sh d set forth the particular portions of federal and state laws, �n s, and judicial decisions that the decision -maker must use to or disapproval of the application at hand. The burden of proof is demonstrate compliance with applicable review criteria. IV. Conclusions s' n- aking process, analysis and conclusions reached by the decision -maker is in t e Conclusions. Each Conclusion must be supported by a reference to the FF dings of Fact and should reveal how those findings relate to the legal criteria under Criteria for Review. in other words, "when Law A is applied to Fact B, on C must be reached." `— V. Decision or Recommendation Reeoaummdadam of the Citmn Tank force an Lsad Use ProcWwW Refo FOR1dAT FOR LAND USE DECISIONS 3 _^a'98 Page I 435974 Pass: 272 of 541 09/04/2000 11:40A Jaffarton County, KA POPE RESOURCES RESO 699.00 A decision or recommendation should be based on the Facts, Criteria and Conclusions as laid out previously in the document. The decision or recommendation may be to approve, approve with conditions, or deny the application. If conditions are imposed, the decision or recommendation should set forth those conditions with great specificity and indicate how the conditions mitigate specific impacts. Every decision must be signed and dated by the decision -maker. I n� Recommendations of abe Cuzco Task Force on Lead Use procedure! Reform FORMAT FOR LAND USE DECISIONS 2..24/98 Page 2 435974 Paea: 278 of 541 08104/2000 11:40A Jsffaraon County, WA POPE RESOURCES RESO 898.00 APPENDIX C Rules of Procedure for Land Use Hearings 435974 Pose: 274 of 541 00104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 591.00 RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE EXAMINER AND BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON TABLE OF CONTENTS Chapter I: Open Record Hearings On Permit Applications.......................................................1 Section1: Definitions.................................................................. .. ......... 1 Section2: Jurisdiction.......................................................... ..... ..........................2 Section 3: Ex Parte Communication ................................. 2 Section 4: Nature Of Proceedings 3 Section 5: Rights And Responsibilities Of P'es .........................................................4 Section 6: Presiding Officials ............................. ........................................................ 5 Section 7: Conduct Of Hearings............................................................................. •..... 6 Section 8: Withdrawal Of Apppiica 'o rr ti ' n........................................................10 ns%// Section 9: Recommendatiocisi �is.....................................................................10 Section 10: Appeals Of D ci ' ns%........................................................................ 11 Section11: Co t......................................................................................12 Chapter H: Rules Of eal or a Record Appeals Of Administrative Decisions ...............13 Section1: DJgfiniiigns.-..� ............................................................................................13 Section2: n...................................... ........................................................ 13 Section i sal.....................................................................................................14 Conference................................................................................. 14 Withdrawal..................................................................................................15 6: Parties Representative Required...................................................................15 ion7: Notice Of Hearing........................................................................................15 435974 09l04I200O 11640A Jefferson County WA POPE RESOURCES RESO 529.00 Section 8: Parties' Rights And Responsibilities.............................................................16 Section9: Default ......................................................................................................... 16 Section 10: Hearing Format..........................................................................................16 Section 11: Examiner Decision............................................................. .... .................. 17 Section12: Record.......................................................................... ..........................17 Section 13: Reconsideration................................................... ..... .18 Chapter III: Rules Of Appeal For Closed Record Appeals Of Adnij i r 've ecisions ............ 19 Section 1: Definitions .................................................. .... v..................... 19 Section2: Filing......................................................................................................19 Section3: Dismissal..............................................................................................20 Section 4: Prehearing Conference...............................................................................20 Section5: Withdrawal..............................................................................................21 Section 6: Parties Represe"ve..................................................................21 Section 7: Notice Of Heari....................................................................................21 Section 8: Parties' fights d R s onsibilities............................................................. 22 Section9: De f ul ....................................................................................................22 Section10: g Fp t..........................................................................................22 Section 11;-Exam*er�Decision.....................................................................................23 Section� 2�,Reoor�d.......................................................................................................23 S*,de Reconsideration.........................................................................................24 rterpretations.....................................................................................25 8'-qct'on 1: Definitions...................................................................................................25 2: Filing .................................. .. 25 435974 Paso: 276 of 541 09 10412000 11: 40A Jefferson County, WA POPE RESOURCES RESO 599.00 Section' ) - Dismissal ..................................................................................................... 26 Section4: Withdrawal ..................... ............................................................................ 26 Section 5 -. Parties Representative Required ................................................................... 26 Section6: Notice Of Hearing ................................................................... .. ................. 26 Section 7: Parties' Rights And Responsibilities ........................................ . ... ............ 27 Section8: Default ...................................................................... ... 7* ... - * .. ... ........ 27 Section 9: Hearing Format ........................................................... ........ ...................... 27 Section 10: Examiner Decision ...................................... ... G ................ I ................. 27 Section11: Record ........................................ ... ............. ............................................ 28 Section 12: Distribution/Filing of Examiner D ci n ... ... ......... .................. .............. 28 435974 Papa: 277 of S41 08/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 829.00 RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE EXA\�,-ER AND BOARD OF COUNTY CONMSSIONERS OF JEFFERSON COUNTY, W ASHINGTON Application of these Rules This Chapter applies to open record hearings on land use applications. SECTION 1: DEFINITIONS "Appellant" means a person, organization, asso n 0 milar group who files a complete and timely appeal of a decision. "Applicant" means a person who is the own the sect property or the authorized representative of the owner of the subject prop who has applied for a land use permit or approval. "JCC" means Jefferson County Code "BOCC" means the Board 01 ou ioners of Jefferson County. "Closed Record Appeal" me a ministrative appeal following an open record hearing on a land use app 'c J n. osed record appeal is on the record and does not consider new docurrnents r esti o y. "Comprehensiv �" n e Comprehensive Plan that has been adopted by the Jefferson Co "County" me'�ns Werssoa/County, Washington. Examiner or Appellate Examiner of Jefferson County. "Ex arty cb�nication" means written or oral communications to the Examiner or B Q a u matter pending before the Examiner or BOCC not included in the public r d de outside of a hearing. means the proceeding at which testimony and exhibits of evidence are to the Examiner or BOCC. en Record Appeal Hearing" means an open record hearing held by the Hearings miner following an administrative decision by the Director. An open record appeal Recommmdadona of the Citiz= Task Force on Lwd Use Proeedunl Re[orm IMMM OF PROCMM Z/S4/" PW S 435974 Paw 278 of 541 06/04/2000 11:40A Jefferson County. WA POPE RESOURCES RESO 500.00 hearing by the Hearings Examiner is conducted in the same manner as a pre -decision open record hearing because the Hearings Examiner is to hear and decide the application anew with no weight given to the administrative decision. "Open Record Hearing" means a pre -decision hearing that creates a record through testimony and submission of evidence under procedures prescribed by this Chapter and using the Rules of Procedure adopted in accordance with this Chapter,/\ iatl or public the E iner or a decision of the about a matter r the hearing. The hose issues where nake a decision, is interested in a caminer or BOCC aminer or BOCC application. This :dural matters. Recommendations of the Citizen Task Fame on land Use Procedural Reform RULES OF PROCURE 2/24198 pov2 4.1 435974 Pais: 279 of 541 00/0412000 11:40A Jefferaon County, WA POPE RESOURCES RESO 599.00 b. The Examiner or BOCC shall not communicate ex parte directly or indirectly with any person, nor his or her agent, employee or representative, interested in a particular petition or application that is pending before the Examiner or BOCC with regard to the merits of that, or a factually related petition or application. C. If a prohibited ex parse communication is made to or by the Examiner or member of the BOCC, such communication shall be publicly disc d, and proper discretion small be exercised on whether to disqualify himself rself for that particular hearing. SECTION 4: NATURE OF PROCEED o Expeditious Proceedings It is the policy- of the BOCC and the Ex th extent practicable and P Y consistent with requirements of law, all heart s alI b c ucted expeditiously. In the conduct of such proceedings the BOCC, th xamine , ounty star and all parties, or their agents, shall make every effort at each s g f a ro eeding to avoid delay. 4.2 Frequency 4.3 4.4 4.5 Hearings will normally be Each case shall be noted to Format ►n the third Tuesday of each month. time. The format for a hearin ' b own informal nature yet designed in such a way that the evidence and cts r 1 want to a particular proceeding will become available easily ascertainable by The format will allow development of a record by parties. n View Trio When nec a xaminer or BOCC may inspect the site prior or subsequent to the hearing. ie t p is not part of the record. Failure to inspect the site will not render the rec en t nor decision void. V�' e ord. Hearings shall be electronically recorded and such recordings shall be a art of the official case record. Copies of the electronic recordings of a particular proceeding shall be made available to the public within three business days of a request. The reasonable cost of such copying shall be paid by the requester. No minutes of the hearing will be kept. Recommendations of the Citizen Task Force an Land Use Procedural Reform RULES OP PROCEDURE 2/24/" Pia 3 435974 Page: 290 of 441 00104/2000 11:40R Jefferson County, WA POPE RESOURCES PESO 598.00 b. Copies of any written materials in the record may be obtained by any person who pays the cost of reproducing such material. 4.6 Computation of Time Computation of any period of time prescribed or allowed by these rules, ordinances of the Jefferson County and the State of Washington shall begin with the first following that on which the act or event initiating such period of time shall have oc d. When the last day of the period so computed is a Saturday, Sunday or a Co i or State holiday, the period shall run until the end of the next followin nes day. In accordance with state statutes, a decision is not deemed final n e da s ollowing the date of the postmark of the mailing of the decision by the ty. 5.1 Fights of County —� The County staff shall have the right to pr a evid n and testimony, object, make motions, arguments, recommendations and all o er n s essential to a fair hearing. 52 Rights of Applicant Every Applicant shall have the t ice, cross-examination, presentation of evidence, objection, motio ar m t d 1 other rights essential to a fair hearing. Further, the Applicant shall Yy igh t ely access of the County's staff report. 5.3 The Examiner or BOCC a in limitations on the number of witnesses heard, and on the nature len h of�'easonable heir testimony. Cross-examination is permitted as necessary forf0cl u e facts, but the Examiner or BOCC shall control the amount ands f s ation. u Every party s�tha the right to present evidence and testimony at hearings. The right of parti tos mine, object, submit motions and arguments shall be at the discreti n of t xaminer or BOCC. The Examiner or BOCC may impose reasonable limitati s number of witnesses heard and the nature and length of their testimony. 5.4 R-,e�b&l ibiliti y staff shall provide a staff report consistent with Rule 7.6; provide notice of present materials at the hearings; and, provide the Examiner or BOCC with tion relevant to the case; and be courteous to all who participate in these Recommendations of the Citizen Task Force on Land use Procedural Reform RULES OF PROCEDURE 2/24/99 PW 4 435974 Pape: 201 of 541 Jefferson County, WA POPE RESOURCES RESO4/522.001.40A 5.5 Responsibilities of AV21icant and Appellant The Applicant shall, prior to the hearing, provide the Examiner or BOCC with material that supports his/her case; be prepared for questions by the Examiner or BOCC; and be courteous to all who participate in these proceedings. An Appellant shall be required to provide a specific and understandable en statement of the issues of appeal. Such statement shall be submitted prior to g. 5.6 ResponsibiIities of Citizens All persons who attend a hearing shall conduct themselve wi ivility and deal courteously with all involved in the proceedings. Failur o 11 suit in removal from the hearing. SECTION 6: PRESIDOFFIC S 6.1 Presiding• Officials a. Hearings shall be presided over Examiner or the presiding member of the BOCC, as specified in the JC b. The Examiner or B C s 11 of the authority and duties as granted him/her in state statut t er County ordinances. included in the duties of the Examiner or O e the following: to conduct fair and impartial hearings; to tak ne action to avoid delay in the disposition of proceedings nd o ain al order. He/she shall have all powers necessary to that end, ip iii 'ding e ing: 1. isfer h and affirmations; 2. s oenas; 3. to a up offers of proof and receive evidence; 4, o to the course of the hearings and the conduct of the parties and 5 to q estion any party at the hearing; 6. o old conferences for settlement, simplification of the issues, or any �other proper purpose; 7.to require briefs on legal issues; �$ to consider and rule upon all procedural and other motions appropriate to v the proceedings; and, 9. to make and file recommendations or decisions. Recommendations of the Citizen Task Force on Lead Use Procedural Reform RLMM 0P PROCMtjRE 2/24/96 Par 435974 Papa: 282 of 641 Jaffa��on County, WA POPE RESOURCES 11101111111188/000 40A 6.2 Presence of Legal Counsel at Hearings or Meeting a. Although representation by legal counsel is not required at the hearings, all parties participating in the hearings may be represented at the hearings by legal counsel of their choice. b. At the request of any department and discretion of the representative of the Jefferson County Prosecuting AM present at the hearings or meetings to advise on matters of C. All forms of legal authority including briefs, staff y r BO e memoranda upon which a party of record will be a i hearing must be submitted to the Examiner oC 's 7 advance of the scheduled hearing date. Thab e n . I available to the public at least one week in adva c oft e SECTION T CONDUC "F"GS or BOCC, a rice may be 1 o er legal �e ting at the t one week in nents shall be hearing date. 7.1 Notice Requirements of Hearings and Filinas a. All notice and time requiremen methods of notification shall be consistent with the provisions as set fot J b. Affidavit of Notice (including dates an part of each official 7.2 -Oath or Affirmatiort All testimony e o' tell the truth: \ 'thei 7.3 g to the notice given of a hearing and list of those mailed to) shall be ier or BOCC shall be given under oath or affirmation to iner or BOCC or the clerk shall administer the oath or The re o of a hearing conducted by the Examiner or BOCC shall include, but not be M owing materials: plication or appeal petition; A e Departmental staff reports; I evidence received which shall include oral testimony given at the hearing, all exhibits and other materials admitted as evidence; a statement of all matters officially noticed; a decision or a recommended decision containing the findings and conclusions of the Examiner or BOCC; Recommendations of the C dxen Task Force on Isnd Use Ptooednral Reform RULES OF PROCEDURE 2/24/91 Page 6 7.4 7.5 435974 J*ffer*on CuuntY. MA POPE RESOURCES RE8041200069g.11: 40P f. recordings made on electronic equipment; and, g. an environmental determination made pursuant to the State Environmental Policy Act of 1971 (SEPA) (if applicable). Development of Record at the Hearing A hearing usually will include, but not be limited to, the following ents: a brief introductory statement of the Examiner or BOCC process by the Exam a or BOCC, a report by the Departmental staff that may include introduction of eport with exhibits, reference to visual aids and a summary of t4tey Z ati n of the Department; testimony by the Applicant or petitioner; f p rs ns with questions, comments or concerns about an application; oppooss- ination and rebuttal; and opportunity for questions by the Examiner Content and Form of Staff Report 0 The staff report on a land use application m ude lowing, if relevant to the application: a. Names and addresses of the owner(s) an 1' t(s) of the subject property and his/her property interest in the,/ p�perty that is the subject of the hearing. b. A brief summary of the rejaw controlling the request spec' be based. O C. A common description t subject property. � ^ n, e. and the citation of the ordinance criteria upon which a decision must ect property and a legal description of the A statem to�h�cY�code regulations for Jefferson County apply to the request. giroe Comprehensive Plan designation and zoning designation of the e - the current development of the subject property and the o rties; topographical information; geological and soils information; the vegetation on the property; and any other relevant scientific, tal or engineering information. f.citrr rty. access to the subject property and the proposed access to the subject Recommendatiom of the citizen Task Force on Land Use Procedural Reform RMM OF PRO=URE 2l24/98 Page 7 435974 Pave: 264 of 641 08104/2000 11:40R Jefferson County, WA POPE RESOURCES RE60 598.00 g. An analysis of the proposed projeL. — ", ,La %.VLI0IbLVItLy witn the relevant criteria for review of the application, including a determination of consistency based on the following: i. The type of land use permitted at the site if the criteria for their approval have been satisfied; d' The level of development, such as units per acre, de 'ty\f residential development in Urban Growth Areas, or other measures of iii. Availability and adequacy of infrastructure and p ' fa 'lities id' ntified in the Comprehensive Plan, if the plan or develop t re a ions -provide for funding these facilities as required by Chapter 36.70A C ; iv. The character of the development, in 1 ding y re ant development standards. h. A history of the requested action a d a ' t of the development in the surrounding properties. In making t e alysi , t e staff shall refer to applicable ordinances as often as possible. i. A summary of any other requ to and use permits in the area. j. The compatibility and imp t f e osal on the existing development and the probable character o the r s k. A summary of the repo awe (� mendations of any other agencies consulted. 1. Appropriate map�4 he*ject property. in. The rest lt� f4#6*fermiration pursuant to the State Environmental Policy Act. n. 5t r dams as to the consistency of the application with the relevant crit a d an n essary conditions that should be applied to any approval of the appli n. o. Propo�d Findings of Fact for consideration by the decision -maker. Tri shall be distributed to the Examiner or BOCC, the Applicant and the seven (7) calendar days in advance of the Hearing. Examiner or BOCC If, in the opinion of the Hearin; Examiner or BOCC, more information is necessary in order to make a recommendation or decision, or he/she is unable to Recommendations of she Citizen "cask Force on rand U-se Procedural Ref = RULES OF FROG MORE 2/241" Par 435974 Page: 295 of 541 00/0412000 11:40R Jefferson County, WA POPE RESOURCES RESO 508.00 hear all of the public comments on the matter, the hearing may be continued to a certain date. If continued to a specific time and place, and stated on the record, no further notice of that hearing need be given. b) At the Request of a Party of Record Any party of record may request continuance of a hearing. The request, if made prior to the hearing, must be in writing and state reasonab ounds for a continuance. The request must be reasonable. The Examiner or C shall have discretion to grant or deny the request for continuance. 7.7 Evidence a. Burden of proof. In each proceeding for review of an ' n, the Applicant shall have the burden of proof to show compl�ty. p cable laws and regulations of Washington State and Jefferson C b. Admissibility. The hearing generally w' of brFducted according to strict legal rules relating to evidence and r cedure. y relevant evidence shall be admitted if it is the type that possess e v ue c only accepted by reasonably prudent persons in the conduct of their a irs. a Examiner or BOCC shall have discretion on the admissibility 1 evidence. C. Copies. Documentary evide m received in the form of copies if the original is not readily av i le. on request, parties shall be given an opportunity to comp th i the original. It is advisable to provide an extra copy of all docu n to h aminer or BOCC as a working copy. d. Judicial notice. T e a inWor BOCC may take judicial notice of generally accepted fa ts. E 'ner or BOCC shall not take notice of disputed adjudicati t t the center of a particular proceeding. e. The in orC may request a document to be filed after the close of publ c n . my those documents referred to at the hearing may be subm ed d o those specifically requested by the Examiner or BOCC. f. ' ' 4naevidence may only be submitted upon a Request £or Reconsideration as d ew evidence not available at the time of the hearing. If additional e 'desubmitted with a request for reconsideration it will be considered only u n a showing of significant relevance and good cause for delay in its s ssion. All parties of record will be given notice of the consideration of such vidence and granted an opportunity to review such evidence and file rebuttal guments. All parties will be allowed opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof. Recommendations of the Citizen Task Force an land Use Procedonl Reform RULES 4F PRO=L E, 2124/98 PAP 8.1 MN 9.1 9.2 M 435974 Pace: 2e6 of sal 99/04/2000 11:4eA Jefferson County, WA POPE RESOURCES RESO 69e.00 SECTTION 8:. WITHDRAWAL. OF _APPLICATION OR PETITION Withdrawal Prior to Service of Official Notice If a withdrawal request is made before the official notice of the hearing is given, the Applicant or petitioner shall notify the County of the withdrawal quest and the withdrawal shall be automatically permitted. Withdrawal Made Anv Other Time If a withdrawal request is made at any time other than *me ti nevi% 8.1, the Examiner or BOCC shall use discretion in allowing or disailo quest. Written Recommendations For applications heard by the Examiner that 1 findings, conclusions and recomm tions parties of record. The Examiner sub itt s agreed to by the Applicant and Je er recommendations shall indicate hFa/(nqr a co plans and requirements of th&JCC Written Decisions For all applications report of findings record. The E a agreed to by decisions 11 A reco a. re� C approval, a written report of ,I be forwarded to the BOCC and the be within the time allowed by law or nty. The findings, conclusions and :ndation carries out the goals, policies, es and objectives of the County. e E ner or BOCC has final approval authority, a written i decision shall be made and forwarded to all parties of decision shall be within the time allowed by law or �nd the Jefferson County. The findings, conclusions and r the decision carries out the goals, policies, plans and other policies and objectives of the County. decision shall include: my of the Proceedings. This shall include a list of all exhibits received and -sons who testified. A summary of testimony should not be given unless upon in a Finding. Findings. These shall be statements of verifiable fact relevant to the criteria for review of the application. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed. A finding shall be Recommendations of the Citizen Task Force on Land Use Procedural Reform RUIM OPPROCEDURR 2/24/98 Page 10 435974 Page: 287 of 541 00/24/2000 11:40R Jefferson County, WA POPE RESOURCES RESO 600.00 made on each contested issue of fact. Findings shall reference a specific exhibit or testimony in support of the finding. Conclusions. Each conclusions shall be supported by a reference to a Finding of Fact. The conclusions shall reference specific provisions of the law and regulations when relevant to the decision. d. The Decision or Recommendation. A decision/recommendation for permit approval may be to approve, deny or approve W#h c recommendation/decision shall be based upon a and supported by substantial evidence. 9.4 Procedure for Reconsideration and Reopening Hearing a. At any time prior to the filing of the final d isi Examiner or BOCC may reopen the ro ee ' g evidence. All parties of record w icip notice of the consideration of such a id nce an ar such evidence and file rebuttal argum t . b. Reconsideration. application )ns. Every We record or recommendation, the .he reception of further hearing shall be given an opportunity to review Any party of recur a written request with the Examiner or BOCC for reconsi r n th n ten (10) working days of the date of the Examiner of 0 '� c endation or decision. The request shall explicitlyaneroqCC's d rrors of procedure or fact. The request may also incl'a specific issue that was inadvertently omitted from the recommendation or decision. 2. T err OCC shall act within five (5) working days after the a e ling of the request for reconsideration by either denying the r u o proving the request by modifying or amending the o dation/decision based on the established record or setting the m -er an additional hearing. an additional hearing is required the notice of the hearing shall be iled to all parties of record not less than five (5) working days from the to of the Order to re -open the hearing. SECTION 10; APPEALS OF DECISIONS h n all reconsideration periods have expired and the Examiner has issued a final e sion, the decision may be appealed to the Appellate Examiner or to Superior Court as ecified in the JCC. Appeals must be written and filed within the time required by Recommendations of the Gtaen Task Force on Lnd Use Ptoeedwil Reform RULES OF PROCEDURE 2/24/99 Page 1t 435974 Page: 299 of 541 ININIIIIIIIIIII 0SIO412000 11:40A Jefferson County. WA POPE RESOURCES RESO 599.00 Ordinance. All appeals must clearly state the alleged errors of fact or law and include a specific request for relief. SECTION 11: CONFLICTS These rules of procedure are adopted to supplement the requirements s rth in the JCC. Any conflicts between these rules and the provisions of the JCC be decided consistent with the provisions of the JCC. C) n n- Recommend"ons of the Citizen Task Fwee on Land Use Procedural Reform RULES OF PROCEDURE 2/24/98 Par12 435974 Pao.: 299 of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 590.00 CHAPTER 11: RULES OF APPEAL FOR OPEN RECORD APPEALS OF ADMINISTRATIVE DECISIONS Application of these Rules This chapter applies to open record appeals of administrative decisions �at r e, deny, or condition a land use permit application. SECTION 1: DEFINITIONS See DEFINITIONS, Chapter 1, Section 1, of these Rules. 2.1 2.2 2.3 2.4 SECTION 2: Compliance with Rules All appeals must comply with thes s and with the requirements established in the applicable Jefferson County ordinanc u er which the appeal is filed. Timeliness �\ To be considered timely fil, later than the last day of the Fee 0 Any filing fee s e d Contents st be received by the Cleric of the BOCC no County Code shall accompany an appeal. An appealbn'+riting and contain the following: a. Y�ef a ement as to how the Appellant is significantly affected by or interested i he er appealed; r f statement of the AppeIlant's issues on appeal, noting Appellant's s ecific exceptions and objections to the decision or action being appealed; The relief requested, such as reversal or modification; Signature, address, and phone number of the Appellant, and name and address of Appellant's designated representative, if any. In the event an organization is the Recommcndations of the Cidzm Task Force on )[ind Use Procedural Reform RULES OF PROCEDURE 2/24/9R Poe 13 435974 Page: 290 of 541 00104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 590.00 Appellant, one person shall be designated as the contact person for all procedural matters related to the appeal. SECTION 3: DISNUSSAL 3. i An appeal may be dismissed without a hearing if the Examiner dete n s that it fails to state a claim for which the Hearing Examiner has jurisdiction to gr t elief, or it is without merit on its face, frivolous, or brought merely to secure de 3.2 Any party of record may request dismissal of all or part of e at 4 % time with notice to all parties. The Examiner may make a ruling on a oti n to d' miss based upon written arguments or may call for oral arguments. 3.3 When the issuing Department withdraws decision or a ion e'ng appealed, the appeal becomes moot and shall be dismissed. SECTION 4; PRE -HE G CE 4.1 a. The Examiner may, 06 /her own order, or at the request of a party of record having standing, hold a o rence prior to the hearing to structure the scope of the hearing. The E e a use the conference for: 1. Identiati ri r tion, and simplification of'the issues; 2. Argu f tions Based on Law; 3. Ot a ma a deemed by the Examiner appropriate for the orderly nO/ xp i 'ous disposition of the proceedings. may be held by telephone conference call. ler shall give reasonable notice to parties of any pre -hearing Notice may be written or oral. I parties shall be represented at any pre -hearing conference unless they ive the right to be present or represented. Following the pre -hearing conference, the Examiner may issue an order reciting the actions taken or ruling on motions made at the conference. f. At the hearing the Examiner shall develop for the record the time, purpose and result of the conference. Recommendations of the Citizea Task Force on Land Use Procedural R.efarm RIMM OF PRO®UAE 2/24/99 Page 14 5.1 52 5.3 435974 Page: 291 of 541 09l0412090 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 SECTION 5: WITHDRAWAL Only the Appellant may withdraw an appeal. Where several persons, a group, organization, corporation, or other entity makes an appeal, withdrawal shall be made by the person who had been designated as the party representative. An Appellant's request to withdraw shall be granted as dismissed. a matter the appeal, When a party consists of more than one individu or 's a gidup, organization, corporation, or other entity, the party shall desi an to be its representative and inform the Examiner's office of the nVcan yes telephone number of that designated representative. The rights of s e ant shall be exercised by the person designated as the parry representativeo o er communication to the party representative is considered to be notice or ca ' n to party. The notice of hearing given to Appellant shall be given in accordance with l bb given within the time required by applicable ordinance(s). hearing is not specified by the applicable ordinance(s), or if lict, minimum notice shall be 10 days. be responsible for serving notice of hearing for appeals. the notice of hearing shall be made part of each official case record. Recoostnendations of the Citizen Task Force on Isnd Use Procedural Reform RULES OP PROCEDURE 2n4roe Pis is 8.1 8.2 8.3 435974 0Bl0412 00 f M40'A Jefferson CountY, WA POPE RESOURCES RESO 590-00 SECTION 8: PARTIES' RIGHTS AND RESPONSIBILITIES Although Appellants and Applicants have the right to be represented by an attorney, representation by an attorney is not required. Where a party has designated a representative, the representative shall exercise the rights of the party. \ All parties and others participating in and observing hearings with civility and deal courteously with all persons involved in tl SECTION 9: DEFAULT 9.1 The Examiner may dismiss an appeal by an order of good cause, fails to appear or is unprepared�to- Ai noticed hearing. themselves e the�Appellant, without scheduled and properly 10.1 Appeal hearings, although generally lnfprmal in nature, shall have a structured format and shall be conducted in a mann e e by the Examiner to make the relevant evidence most readily and efficie vai 1e4o the Examiner and to provide the parties a fair opportunity for hearing-., \ n 10.2 The order of an appeal heariA&V41nerally be as follows: a. hxanuner-� introapgory statement; b. c un resentation by Department; C. 1 's argument; d. ent's presentation; plicant's presentation; Rebuttal; Closing argument of parties. 0.3 o withstanding the provisions of the Jefferson County Code, the order of hearing may odified or a different order established as the Examiner deems necessary for a clear \ d fair presentation. Recommendations of the Citizea Task Force on Lead Use Procedural Reform RULES OF PROCEDURE 2/24/98 PIP t6 435974 Page: 223 of 541 00/04/2000 11:40R Jefferson County. WA POPE RESOURCES RESO 599.0e 10.4 The order of presentation at hearing shall not alter or shift any burden(s) or presumption(s) established by applicable law(s). SECTION 11: EXAMINER'S DECISION 11.1 A decision of the Examiner on appeal shall include, but not be limitto, a statement regarding the following: a. Background. The nature and background of the proceedin , ' u ' 'd ntification of party representatives participating in the hearing, pre-h t n tions, and other similar information. b. Findings. The individual facts that the Exami r r "V11 credible, and requisite to the decision, based on the record of pro a ding . C. Conclusions. Legal and factual conclu o asec pon specific provisions of law and the findings of fact. d. Decision. The Examiner's decision as to tco of the appeal (affirm, modify, reverse, or remand) based upon !cbAsideration of the whole record and supported by substantial evidence in the record. C CORD 12.1 The record of an appeal shal a. The application orgetiti n; b. The Dep c. All eviden a ch shall include oral testimony given at the hearing, all exhibits and other eria : ad ed as evidence; d. A state in ers officially noticed; e. A de ist n a ecommended decision containing the findings and conclusions of the E a n co ings made on electronic equipment; and, g. nvironmental determination made pursuant to the State Environmental Policy Act of 7 (SEPA) (if applicable). Recommendations of the Citizen Task Fosee on Lend Use Noceduni Reform RULES OF PROCEDURE a/2s/" Abe 17 435974 Pate: 294 of 541 gSle41260ESO 00 s40A Jefferson County, WA POPE RESOURCES 12.2 The Examiner's administrative file u« ail appeal case may include other information or materials, which are not part of the evidentiary record. SECTION I3: RECQNSDDERATION 13.1 Reconsideration may be granted by the Examiner on a showing of o►�e or more of the following: 7 7 a. Irregularity in the proceedings by which the moving party was p—rtwntedom having a fair hearing; b. Newly discovered evidence of a material nature, which did--*, with reasonable diligence, have been produced at hearing; c. Clear mistake as to a material fact. 13.2 Motions for reconsideration must be filed t n ten ( 0} working days of the date of the Examiner's decision. Unless otherwise sp cific y provided by the applicable ordinance(s), the filing of a motion for reconsa ration 1 not stop the period provided to appeal the Examiner's decision. 0 0 Recommendations of the Chum Task Fame on Find Use Procedural Reform RULES OF PROCEDURE 2/24/99 Par 16 435974 Pm : 295 of 541 08104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 399.00 CHAPTER III: OF ADNMITISTRATIVE DECISIONS Application of these Rule These Rules apply to closed record appeals of administrative decisi condition a land use permit application. SECTION 1 - DFFni»v. See DEFINITIONS, Chapter 1, Section 1, SECTI FILIN 2.1 Com liance with Rules approve, deny, or All appeals must comply ese R* and with the requirements established in the applicable Jefferson County or ' a e s under which the appeal is filed_ 2.2 Timeliness 0 To be conside ly e , appeal must be received by the Clerk of the BOCC no later than the t a o e peal period. 2.3 Fee Any fiii��e ire*red by Jefferson County Code shall accompany an appeal. 2.4 Content's app I ust be in writing and contain the following: b 'ef statement as to how the Appellant is significantly affected by or interested in the matter appealed; A brief statement of the Appellant's issues on appeal, noting Appellant's s ecific exceptions and objections to the decision or action being appealed; Recommend"aw of the Citizen Task Force an Land Use Prooe*arel Reform RILES OF FROCSDURE 2/UM ire 19 435974 111011111111 0M412009 11649A Jefferson County, WA POPE RESOURCES RESO 599.00 c. The relief requested, such as reversal or modification; d. Signature, address, and phone number of the Appellant, and name and address of Appellant's designated representative, if any. SECTION 3: DISMISSAL 3.1 An appeal may be dismissed without a hearing if the Examiner d it fails to state a claim for which the Examiner has jurisdiction to grant r 1 r is t ut merit on its face, frivolous, or brought merely to secure delay. 3.2 Any party of record may request dismissal of all or p an pa tt any time with notice to all parties. The Examiner may snake a ruli on otlo to dismiss based upon written arguments or may call for oral ar s. 3.3 When the issuing Department withdraws de is on or cd n being appealed, the appeal becomes moot and shall be dismissed. SECTION 4. PRE- G CONFERENCE 4.1 a. The Examiner may, on hi o o er, or at the request of a party of record, hold a confe ynce pror/��t f� to structure the scope of the hearing. The Examiner may use th re c 1. and simplification of the issues; 2. Arg*pn of�Motforis Based on Law; �na:disposition eemed by the Examiner appropriate for the orderly and io of the proceedings. b. Pre-hi'h&c*erences may be held by telephone conference call. C. h Ex iner shall give reasonable notice to parties of any pre -hearing c6, fe . Notice may be written or oral. d4 ies shall be represented at any pre -hearing conference unless they waive � e right to be present or represented. vFollowing the pre -hearing conference, the Examiner may issue an order reciting the actions taken or ruling on motions made at the conference. Recommendstious of the atiaen'rmk Force on IA" Use Proeednril Reform Ram OPPROCEDURE 2124/95 Par 435974 Pass: 207 of 541 06/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 508.00 f At the hearing the Examiner shall develop for the record the time, purpose and result of the conference. SECTION 5: WITHDRAWAL 5.1 Only the Appellant may withdraw an appeal. 5.2 Where several persons, a group, organization, corporation, or other t' makes an appeal, withdrawal shall be made by the person who had been de ' 71e he party representative. 5.3 An Appellant's request to withdraw shall be granted as a t an appeal dismissed. 7 SECTION 6: PARTIES REPRESS D 6.1 When a party consists of more than one i dividu or is a group, organization, corporation, or other entity, the party shall de 'g to an n ividual to be its representative and inform the Examiner 's office of the nam a e and telephone number of that designated representative. The High f such an Appellant shall be exercised by the person designated as the party represen ti Notice or other communication to the party representative is considered to be noti or umcation to party. SECT N TIC OF HEARING 7.1 Contents The notice of he give to p icant and Appellant shall be given in accordance with ice. 7.2 Time Notice of the a 'n hall be given within the time required by applicable ordinance(s). If the tire�ndi �rtti of hearing is not specified by the applicable ordinance(s), or applicabes conflict, minimum notice shall be ten (10) days. 7.3 artment shall be responsible for serving notice of hearing for appeals. .4 ec rd of Notice affidavit attesting to the notice given of a hearing (including dates and places of publication and list of those mailed to) shall be part of each official case record. Recommendations of the Citizen Task Fame on rand Use Procedural Reform RULES OF PROCEDURE 2/z+/sa Poe 21 435974 Paso. 296 of 541 Jefferson County, WA POPE RESOURCES RESO416o8 0e1:40A SECTION & PARTIES' RIGHTS AND RESPONSIBILITIES 8.1 Parties have the right to be represented by an attorney. Representation by an attorney is not required. 8.2 Where a party has designated a representative, the representative shall e ei ise the rights of the party. 8.3 All parties and others participating in and observing hearings s c ndu emselves with civility and deal courteously with all persons involved ' ro a 'ng . SECTION 9: DEFAULT i 0 9.1 The Examiner may dismiss an appeal by an o defau ere the Appellant, without good cause, fails to appear or is unprepar d to proe at a scheduled and properly noticed hearing. �� JJ 10.1 Appeal hearings, although , and shall be conducted in evidence most readily and parties a fair opportunity for 10.2 The order of hearin�wilI a. Examinef iti r b. C. roI -in nature, shall have a structured format by the Examiner to make the relevant le to the Examiner and to provide the as follows: by Department; e. A pYica34t' presentation; f eb al; osing argument of parties. I N t ith Recommendations of the Citizen 'Tame Force on laud Use Procedural Reform RUIM OF PROCURE 2/24/98 Pap22 435974 Page: 299 of 541 08/04/2000 11:40A Jaffermon County, WA POPE RESOURCES RESO 598.00 10.4 The order of presentation at bearing shall not alter or shift any burden(s) or presumption(s) established by applicable law(s). SECTION I 1: EXATNffNEWS DECISION 11.1 A decision of the Examiner on appeal shall include, but not be li ite t a statement regarding the following: a. Background_ The nature and ba+ party representatives participatinj similar information. b. Findings. The individual facts the the decision, based on the record i C. Conclusions. Legal and factual the findings of fact. ication of and other -equisite to of law and d. Decision. The Examiner's decision t utcome of the appeal (affirm, modify, reverse, or remand) based upon a consideration t whole record and supported by substantial evidence in the record. 12.1 The record of an appeal a. Department`s�decisibq_or)ac�tion being appealed; b. Appeal C. Re&grcY6,Fpr%e'd�ngs of decision -maker; d. T4pe-req6tx�ing of appeal hearing; e. Wktten)ar)�uments submitted by parties. 12.2 4alral ne a r's administrative file on an appeal case may include other information or ch are not part of the evidentiary record. <U Recarnmendatioas of the Citizen Task Force on Land Use Procedural Reform RULES OF PROCEDURE 2/24/98 PW23 435974 Page: 300 of 641 J�f hr�ort County, wq POPE RESOURCES RE50412059e0001 0 SECTION B.- RECONSIDERATION 13.1 Reconsideration may be granted by the Examiner on a showing of one or more of the following: a. Irregularity in the proceedings by which the moving party was prevented from having a fair hearing; b. Newly discovered evidence of a material nature which diligence, have been produced at hearing, C. Clear mistake as to a material fact. 13.2 Motions for reconsideration must be filed within ten'10 1 Examiner's decision. Unless otherwise specifically pr i� ordinance(s), the filing of a motion for reconsid n ha to appeal the Examiner's decision. 0 0 0 o_ reasonable o v g y f the date of the e a icable op the.period provided Recommendations of the Citizen Task Farce on Lind Use Ptacedutal Reform RULES OF FROCIEDURE 2/24/98 Poe 24 435974 Page: 301 of 541 09/0412900 11:40A J4ifansen Ceunty, WA POPE RESOURCES RESO 509.00 CHAPTER IV: RULES OF PROCEDL.itE FOR APPEALS OF CODE INTERPRETATION DECISIONS OF THE DIRE TOR Application of these Rules This chapter applies to appeals of code interpretation decisions issued by the Dir ctor of the Jefferson County Department of Community Development (Director) pursuant ode Interpretation Chapter, JCC]. SECTION 1: DEFINITIONS C) See DEFINITIONS, Chapter 1, Section 1, of these Rules. SECTION 2: FlL9 G 2.1 Compliance with Rules All appeals must comply with these Rules and`.Iid uirements established in JCC. received by the Director no later than itten interpretation. shall accompany an appeal. wing: on appeal, noting Appellant's sspecif c .tion being appealed; :rsely affected by the decision : of an interpretation proposed by the ication; Appellant, and name and address of In the event an organization is the Recommendations of the Citizen Task Force on lead Use Procedural Reform RULESOP PRO®URE Z44J9b FWis 435974 Papa: 302 of 541 08/04/2000 11:40A Jalfanaon County, WA POPE RESOURCES RESO 888.00 Appellant, one person shall be designated as the contact person for all procedural matters related to the appeal. SECTIQN 3: DISMISSAL 3.1 An appeal may be dismissed without a hearing if the Hearing Examine termines that it fails to state a claim for which the Hearing Examiner has jurisdiction to t relief, or it is without merit on its face, frivolous, or brought merely to secure lay. 3.2 Any party may request dismissal of all or part of an appeal at wit n tice to all parties. The Examiner may make a ruling on a motion t dis iss sed upon written arguments or may call for oral arguments. ,,PrTTCIT,T d• WT'Tx7Tle-�[ V e 0 4.I An appeal may be withdrawn only by the Apl e�lant. 4.2 Where an appeal is made by several persons, a" g o ganization, corporation, or other entity, withdrawal shall be made b t person who had been designated as the party representative. 4.3 An Appellant's request to with dismissed. O When a party corporation, or and inform designated 41e person desig#al 0 as a matter of right and the appeal rfrdr1 than one individual, or is a group, organization, tie party shall designate an individual to be its representative 4 ice of the name, address and telephone number of that he rights of such an Appellant shall be exercised by the ty representative. Notice or other communication to the party to be notice or communication to party. SECTION 6: NOTICE OF HEARING hearing shall be provided in accordance with Code Interpretation Chapter The Department shall be responsible for serving notice of hearing for appeals. RecommendRtions of the Citizen Task Force on Land Use Pmcedund Reform RULES OP PROCMURE 2/24/99 Page 26 435974 Pass; 303 of 641 000 Jefferson County, WA POPE RESOURCES RESO4 $98 001`40A SECTION T PARTIES` RIGHTS AND RESPONSIBILITIES 7.1 Although Appellants and Applicants have the right to be represented by an attorney, representation by an attorney is not required. 7.2 Where a party has designated a representative, the representative shall e ise the rights of the party. 7.3 All parties and others participating in and observing hearij with civility and deal courteously with all persons involved i SECTION 8;_ DEFAULT 8.1 The Examiner may dismiss an appeal by an good cause, fails to appear or is unprepa noticed hearing. 9.1 The order of an appeal hearing will a. Examiner's introd b. Appellant's C. Director's M e. 9.2 The order f se: be as follows: argument; �ie the Appellant, without a scheduled and properly and argument (if applicable); of presentation. n at hearing shall not alter or shift any burden(s) or by applicable law(s). 9.3 At the i creti n of the Examiner, the appeal hearing may be held via a telephone conferen e l all parties of record consent and provisions can be made for electronic rec rdin, o e call. SECTION M EXANIINER DECISION 0.1 cision of the Examiner on appeal shall include, but not be limited to, a statement re din t following: Recommendations of the Citizen Task Force on Land Use Procedural Rcform RULES OF PROCEDURE 2/24/98 Page 27 435974 Pass: 304 of 541 09/0412000 11:40R Jefferson County, WA POPE RESOURCES PESO 596.00 a) Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing, pre -hearing determinations, and other similar information. b) Finding The individual facts that the Examiner finds relevant, credible, and requisite to the decision, based on the record of proceedings. c) Conclusions. Legal and factual conclusions based upon specific r visions of law and the findings of fact. d) Decision. The Examiner's decision as to outcome of e ( modify, reverse, or remand) based upon a consideration of the of rec r and pported by substantial evidence in the record. SECTION 11: 11.1 The record of an appeal shall include: a) The written request for code interpretation; b) The Director's written interpretation; c) The Appellant's written appeal; d) All evidence received whic`in lural testimony given at the hearing, all exhibits and other materials admitted as vi ce; e) A statement of all matter ffici 1 noticed; f) The decision c n ' a e ings and conclusions of the Examiner; g) Recording a tronic equipment. 11.2 The Ex =?'! �nistrative file on an appeal case may include other information or materials, whic art of the evidentiary record. al service to y - --- - -. ............ .... �,..�..� on. Reeommendatsons of the Citizen Task Force on Land Use Procedural Reform RULES o8 nocg. m 2/24/98 P%e 28 435974 Paso: 805 of 541 06/04/2009 11:40F Jofformon County, WA POPE RESOURCES RESO 596.00 Jefferson County PROCEDURES TO CLARIFY RE GULATIOORDINANCE Adopted August 28, 1998 lective September 28, 1998 Ordinance #05-0828-98 435974 Pepe: 300 of 541 001e412000 11:40A Jeffereon County, WA POPE RESOURCES RESO 696.00 STATE OF WASHINGTON County of Jefferson In the Matter of Establishing } Procedures and Criteria to Clarify Land Use Regulations i ORDINANCF� NO. 05-082$-98 WHEREAS, the Jefferson County Commissioners commiss� d a t` in ependent assessment of its land use permit system; and, WHEREAS, the recommendations of this assessment i u h development of the following 4 documents: A Land Use Application Procedures Ordinance; A Code Interpretation Ordinance; Rules of Procedure for land use hearings; A decision format for all Jefferson County 1 n use d is'ons; and, WHEREAS, a Citizen Task Force was a ointe y the Board of County Commissioners to assist in the preparation oi�tf*e documents; and, WHEREAS, the Citizen Task F-orcebelies these documents provide a solid foundation for accomplishing land use ref er on County and forms the Framework by which systematic revision to existiDA'grdi e� creation of new ordinances can be achieved, and; WHEREAS. the Ci E T _F�rce recommended the adoption of these four documents as the basis for�onc's org n zed land use code; and, WHER &ffer of County Commissioners has reviewed the recom- mendation of the C' i and the 4 draft documents, and agree that they will be beneficial to the cit ensCounty; and, de Interpretation process will provide greater predictability and consistency in *4siohl m*king. Q THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Jeffer nt Washington, as follows: Page 1 of 5 435974 Pa0a; 307 of 541 1111111111111111111111111111111111111111111111111111111 001041200e 11,40A Jefferson County, WA POPE RESOURCES RESO 599.00 Ordinance No. Procedures and Criteria to Clarify Land Use Regulations 05-0828-98 Section 1: Purpose The purpose of this chapter is to establish procedures and criteria to clarify land use regulations. This process shall be known as "code interpretation." Code interpretations may address conflicting or ambiguous wording, clarification of the scope and applicability of-�pecific provisions of the land use regulations, or an interpretation of the intent of the Section 2: Applicability An Applicant may request, in writing, an interpretation of any provi land use regulations that relate to an application under review or to subject of a pre -application conference. The Director may issue pursuant to the Chapter as necessary to address conflicting or t scope and applicability of specific provisions of the land se re u 1 a regulation. Enactment of this ordinance shall not b co rued duty doctrine to expand the liability of the County r Cbunty's has been the A�ocfe,,interpretation wo i g, clarify the or interpret the intent of in -abrogation of the public under this Chapter. Section 3: T If a request for code interpretation is made b, a rson other than a project proponent or property owner, the request must be filed with the Direct r to the date of expiration of any applicable administrative appeal period for the land us e io o the application to which the request relates. O O Section 4: Applic r Code Interpretation -- S i44 equirements U An Applicant requesti c e ' to tion shall submit a written request to the Director specifying: A. The applicat n der�e`v��ew, or the proposal that has been the subject of a pre - application co en , to which the request relates, B. Each pid is' n J erson County's land use regulations for which an interpretation is requestC. The rean n interpretation of each provision is necessary; D. A y xp'naion or documentation in support of an interpretation proposed by the e estirty. A tte req t for a code interpretation shall be accompanied by payment of a filing fee, the mount f hich shall be established by Resolution by the Board of County Commissioners. Page 2 of 5 435974 Page: 808 of 541 06/0412000 11:40A Jefferson County. NA POPE RESOURCES RE80 690-00 Ordinance No. Procedures and Criteria to Clarify Land Use Regulations —0828-98 Section 5: Procedure for Processing an Application for Code Interpretation The Director shall process a request for code interpretation using the following JSilycedure: A. Decision by Director Within ten (10) working days of a request for code interpretatio ire s all issue a written interpretation of the provisions of the land use regul t s e 'fie the requesting party. The written interpretation shall follow the its ribe in this chapter. B. Notice Notice of the written interpretation shall be pr i wit se n (7) days of the day of its issuance by 1. Mailing to the person requesting code in rpreta io , project applicant, property owner, and to interested persons who h e e request in writing for any code interpretation decisions issue the Director; and 2. Publication in a newspaper of ne 1 circulation within Jefferson County- within ten (10) working days of the date its ' suance. C. Notice Contents 0 The notice shall include l . The date of the written i 2. Name of person(s) ovsion o J 3. Each prifei interpret 4. A brief t 5. A st e wit �nr Sectio/w6. An appeal of th "0c A. Fi 0 ,,code interpretation; ounty's land use regulations for which an c ' 'on f t`46 Director's written interpretation; and t t a rson who wishes to appeal the interpretation must do so king days of the date of the interpretation. ,Oeal of a Code Interpretation Decision s written interpretation decision shall follow the following procedure: ea I ay file a written appeal with the Director within (10) working days of the 7 ie interpretation. If the appeal is requested by someone other than the person(s) requesting code interpretation, the written appeal shall be accompanied by of a filing fee, the amount of which shall be established by Resolution by the 'County Commissioners. Page 3 of 5 435974 Page: 909 of 641 08/0412000 11:40A Jefferson County. WA POPE RESOURCES RE60 599.00 Ordinance No. Procedures and Criteria to Clarify Land Use Regulations 05-=8--98 B. Contents of Written Appeal The written appeal must set forth: l . Facts demonstrating how the Appellant is adversely affected by the decision; and ?. An explanation or documentation in support of an interpretation proposed by the requesting party that is contrary to the Director's interpretation. C. Appellate Body Appeals shall be heard by the Hearing Examiner. D. Notice C) The Director shall provide notice of the appeal no less tha king days prior to the appeal hearing. Notice shall be provided by mail to ap el nt, e son(s) initially requesting code interpretation, Applicant, and property w er. E.. Criteria/Standard of Review Parties to the appeal shall be limited to those nt' ed to e eive notice of the appeal under subsection (D) above. Hearings shall be condu d in co formance with the Rules of Procedure for Proceedings before the ring Examiner. A Code Interpretation appeal hearing may be consolidated with othe ea 'ngs on the land use application. The decision of the Hearing Examiner she e a using the decision criteria prescribed in this ordinance. The interpretation ec shall be given substantial weight. The Hearing Examiner may affirm -,rev r r ify the Director's decision either in whole or in part. F. Effect of Hearing Exami a ec' J on Appeal The decision of the earl g xa 1 er shall be final with no further appeals authorized under the Jeffers ty o e. ti 7: Decision Criteria In making an interpr ati o e rovisions of Jefferson County's land use regulations. the Director shall conside t t owing: A. The app is ble)ro isions of the subject land use regulation(s) including their purpose and coat act; provisions of the Comprehensive Plan; y of the interpretation with other local state, and federal land use ns,' if any; and cations of the interpretation for land development within the County. Page 4 of 5 r;. Ordinance No. _ Procedures and Criteria to Clarify Land Use Regulations 05-0828-98 Section S: Effect of Code Interpretation An interpretation of a provision of Jefferson County's land use regulations shall have the same effect as any provision of the land use regulations upon subsequent development presenting substantially similar legal and factual circumstances and conditions. Code interpretations remain in effect until rescinded in writing by the Board of County Commissioners. Section 9: Permanent Record of Code Interpr tions All code interpretation decisions shall be filed with the Board of County Co is io ers, the Prosecuting Attorney, and the Jefferson County Planning Commission. Th ector all maintain a notebook of all code interpretation decisions which shall be va� e for u lic review. l Section 10: Severabili If any section, subsection, sentence, clause, phrase, or figure of dii an o its application to any person or circumstance is held invalid, the remainder of h ordi a cc or the application to other persons or circumstances shall not be affected. Section 11: Eff •ve O'�te This ordinance shall become effective ')0 da, s a er adoption i' UUse Sectio • G - roved al r'•a pted by the Boar or v • r� ATT Xom i-�JV�GL.a Delaney, C C Clerk of the Board APPROVED A O Jefferson ty rosecuting Attorney ption this 28 day of August 1998. JEFFERSON COUNTY BOARD OF COMMISSIONERS r en Hu- in ord, rman rd er Daniel Harpole, Me r 435974 Paso: 310 of 541 08/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 596.00 Page 5 of 5 435974 page: 311 of 541 0810412000 11:40A Jefferson County, WA POPE RESOURCES RESO 548.00 ORDINANCE NO. 04-0526-92 JEFFERSON COUNTY SUBDIVISION ORDINANCE REPEALING AND REPLACING ORDINA E NO. 1-75 JEFFERSON COUNTY BOARD OF COMM 7 S Larry Dennison, Chairman B.G. Brown, Commissio er Richard Wojt, Commissio er JEFFERSON COUNTY PIJA NING,COMMISSION Fred Grove, h 'rm n Thomas Berg, em r Robert enway, Member Penny a 'ck, Member John Ill n, ember Ge e S o ember Rich rp n, Member w on, Member J e W ch, Member JEER N C NTY PLANNING DEPARTMENT raig Ward, Director mes Holland, Senior Planner ry Smith, Associate Planner im Pearson, Associate Planner eturah Brown, Assistant Planner Eric Toews, Assistant Planner David Young, Assistant Planner Michelle Grewell, Planning Technician EFFERSON Carter COUNTY DEPARTMENT OF PUBLIC WORKS Gary A. Rowe, Director Breskin, Planning and Programs Manager Robert Nesbitt, County Engineer Bruce Laurie, Civil Construction Coordinator Scott Kilmer, Planning Engineer 435974 Pass: 312 of 841 09/0412000 11:40A Jefferson County, MR POPE RESOURCES RESO 590.00 TABLE OF CONTENTS SECTION 1 PURPOSES PAGE 1.10 Findings 1 1.20 Purposes 1 1.30 Enactment 2 1.40 Title 2 1.50 Short Title 2 SECTION 2 DEFINITIONS 3 2.10 General 3 2.20 Tense and Number 3 2.30 Interpretation 3 2.40 Ordinance Administration 3 2.50 Definitions 3 SIN 3 SCOPE 10 3.10 Coverage 10 3.20 Compliance with Comprehens' Ian 10 3.30 Applicability 10 3.40 Exemptions 11 SECTION 4 ADMINISTRATIVE A _ TkbR.I AND RESPONSIBILITY 12 4.10 Health Department 12 4.20 Department of Public 12 4.30 Planning Department 13 4.40 Planning Comm ssio 13 4.50 Hearing Examir�e 13 4.60 hers Board of Co=SDI 14 E TI N 5 SOua 15 5.10 Applicabili y 15 5.20 Administra io 15 5.201 rea Ii ion Consultation 15 5.20 pp c tion 16 5.203 a 17 5. ub ' Notice 17 5 imetable 17 0 riance Requests 18 2 ummary Approval 18 8 Expiration 18 . 0 Renewal Procedure 19 435974 Pas.; 313 of bat 09104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.90 5.210 Appeals 19 5.211 Final Short Plat 20 5.212 Resubdivision 21 5.30 Design 21 5.301 Lots 21 5.302 Easements 21 5.303 Transit/School Bus Stops 22 5.304 Sidewalks 22 5.305 Open Space Land 22 5.306 State Environmental Policy Act Review 23 5.307 Significant Natural Features 23 5.308 Roads 23 5.401 Required Improvements 24 5.401 Roads 24 5.402 Off -Site Traffic Impacts 25 5.403 Bridges 25 5.404 $igns 25 5.405 Drainage 26 5.406 Water Supply 26 5.407 Sewage Disposal 27 5.408 Fire Protection 27 5.409 Electric and Telephone Service 27 5.410 Surveys 27 5.50 Inspections 28 5.60 Surety 28 SECTION 6 LONG SUBDIVISIONS 30 6.10 Applicability 30 6.20 Administration 0 30 6.201 Preapplication Cons It 'o 30 6.202 Application 31 6.203 Fees 32 6.204 Timetable 32 6.205 Prelimin vi w Approval Process 32 6.206 Public i 33 6.207 Heat P c o s, and Pla a rt nt Recommendations 35 6.208 Pubic are 35 6.209 Head mi er Recommendations 35 6.210 Boa o o ty Commissioners Action 35 6.211 C ostru io Phase 36 6.212 x irat, 36 6.213 n I rocedure 37 6.21 g Plat 37 6.30 Des 38 6 L 38 locks 38 6. 3 sements 38 435974 Pads: 314 of 541 08/04/2200 11;40A Jefferson County, WA POPE RESOURCES RESO $99.00 6.304 Schools and Schoolgrounds 6.305 Transit/School Bus Stops 6.306 Sidewalks 6.307 Open Space Land 6.308 State Environmental Policy Act Review 6.309 Roads 6.40 Required Improvements 6.401 Roads 6.402 Off -Site Traffic Impacts 6.403 Bridges 6.404 Signs 6.405 Drainage 6.406 Water Supply 6.407 Sewage Disposal 6.408 Fire Protection 6.409 Electric and Telephone Service 6.410 Surveys 6.50 Inspections 6.60 Surety SECTION 7 LARGE LQT SUBDIVISIONS 7.10 Applicability 7.20 Administration 7.30 Design 7.301 Lots 7.302 Easements 7.303 Schools and S 7.304 Transit/School 7.305 Sidewalks 7.306 Open Space U 7.307 State Enviro 7.308 Signific t N t 7.309 Roads 7.40 Required Im r v e 7.401 Ro 7.402 0 f T fic 7.403 B kd 7.404 Si n 7.405 a 7.406 a Su ply pacts Rcy Act Review ures 7.407 ew g Disposal 7.408 r tection 7 is and Telephone Service rveys 7 50 In ect' s e ff 39 39 39 39 40 40 42 42 42 43 43 43 43 44 44 45 45 45 46 47 47 47 47 47 48 48 48 49 49 49 50 50 51 51 52 52 52 52 53 53 54 54 54 55 55 435974 pas•; 916 of 541 0610412MID 11:40fl .lefferson County, WR POPE RESOURCES RESO 695,00 SECTION 8 MQBILE HOME PARK. DIVISIONS 8.10 Applicability 8.20 Administration 8.30 Design 8.301 Lots 8.302 Blocks 8.303 Easements 8.304 Schools and Schoolgrounds 8.305 Transit/School Bus Stops 8.306 Sidewalks 8.307 Screening and Buffering 8.309 Open Space Land 8.310 State Environmental Policy Act Review 8.311 Significant Natural Features 8.312 Roads 8.40 Required Improvements 8 401 R d oa sn qc) 8.402 Off -Site Traffic Impacts 8.403 Bridges 8.404 Signs 8.405 Drainage 8.406 Water Supply 8.407 Sewage Disposal/Sanitati n 8.408 Fire Protection 8.409 Electric and Telephone Se is 8.410 Surveys 8.50 Inspections O O 8.60 Surety 9.10 Applicability 9.20 Administration 9.30 Design 9.301 GenerE 9.302 Den i 9.303 Scr e 9.304 Com 9.305 Stat 9.306 S' is 9.307 c es: 9.40 Requireu Impru 9.41-�R 9.402--�0 Sit i d ffering acj ' 'es, Recreation it mental Policy Act it"Natural Features �d Circulation .ments Traffic Impacts n ges igns rainage later Supply AIVA Areas, and Open Spaces Review I.721 56 56 56 56 57 57 57 58 58 58 58 58 58 58 60 60 60 60 60 60 61 61 61 61 61 62 62 63 63 63 63 63 64 64 64 64 65 65 66 66 66 66 66 66 66 9.407 Sewage Disposal 9.408 Solid Waste 9.409 Fire Protection 9.410 Electric Utilities 9.411 Surveys 9.50 Inspections 9.60 Surety 435974 Pa0e: 316 of 641 00/04/2000 11:40R Jefferson County, WA POPE RESOURCES RESO Sam. 00 and Service Buildings SECTION 10 C,QMMERCIALIINDUSTRIAL PARK DIVISIONS 10.10 Applicability 10.20 Administration 10.30 Design 10,301 General 10.302 Lots 10.303 Transit/School Bus Stops 10.304 Sidewalks 10.305 Screening and Buffering 10.306 Open Space Land 10.307 State Environmental Polic ct Re ' w 10.308 Significant Natural Featur s 10.309 Roads 10.40 Required Improvements 10.50 Inspections 10.60 Surety 11.10 Applicability 11.20 Administration 11.30 Design 11.301 General 11.302 Schools 11.303 Trap*t/' 11.304 11.3011.3011.30 QS-34 11,3011, 3011.40 Requ' 0 � Q c olgrounds I u Stops d Buffering and anmental Policy Act Review Natural Features ents 11. 0 o ds 11. ff Site Traffic Impacts 3 r' ges igns Drainage Water Supply 7 Sewage Disposal 8 Fire Protection In 67 67 67 67 68 68 68 69 69 69 fig 70 70 70 70 70 70 70 71 71 71 71 72 72 72 73 73 73 73 73 73 73 73 74 74 74 74 74 74 74 75 75 75 75 435974 Pa0e: 317 of 541 09/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 590.00 11.409 Electric and Telephone Service 11.410 Surveys 11.50 Inspections 11.60 Surety SECTION 12 VARIAN E 12.10 Application 12.20 Notice of Hearing 12.30 Findings 12.40 Conditions 12.50 Administrative Variances SECTIQN 13 VACATIQNS 13.10 13.20 13.30 13.40 13.50 Applicability Application 13.201 Generally 13.202 Fees 13.303 Timetable Public Hearing Process 13.301 Notice of Hearing 13.302 Health, Public Works, and and Planning Departure t Recom ations 13.303 Public Hearing 13.304 Hearing Examiner Decisi s Dedications Vesting of Title SECTION 14 ALTERATIONS 14.10 14.20 14.30 14.40 S_ECTI 15. 0 152 15.30 Applicability Application 14.201 Genera 14.202 Fees 14.203 Tim t Public Hear' r 14.301 No lteiation Application 14.302 He t b ' Works, and De artment Recommendations ring 'Examiner Recommendations Commissioners Action P 14.303 Rubdiii 14.304 ar Board f Co es jillty F vE 75 75 76 76 77 77 77 77 78 78 79 79 79 79 80 80 81 81 81 81 82 82 82 83 83 83 83 84 84 85 85 m 435974 Page: ale of 541 06104/2092 11:40F j.rr.rwn County, wA POPE RESOURCES R£SO 898.00 15.40 Repealer 89 15.50 Effective Date 89 15.60 Adoption 90 APPENDIX A SHORT PLAT APPLICATION CHECKLIST i APPENDIX B FINAL SHORT PLAT CHECKLIST ii APPENDIX C PRELIMINARY LONG PLAT CHECKLIST vi APPENDIX D FINAL LONG PLAT CHECKLIST viii APPENDIX E LARGE LOT DIVISION PRIVATE ROADWAY DESIGN STANDARD A APPENDIX F OPEN SPACE STANDARDS xii APPENDIX G DOCUMENTS RELATING TO THE DES N, CONSTRUCTION AND PLACEMENT F(�) ROADS, BRIDGES, DRAINAGE WAY , AND SIGNS xix n n vii Subsections: 1.10 1.20 1.30 1.40 1.50 435974 Pass: 819 of 541 08/04/2000 11 AN 3sfferson County. WA POPE RESOURCES RESO S98.00 i+*11114!1111610W PURPOSE lc - Enactment Title Short Title 1.10 Findings: The Jefferson County Board of Co n y C mis loners finds that: 1. Promotion of public health, safety, a d nera are requires the division of land to proceed in accordance wi stand to prevent overcrowding of lands and provide adequate light an a ; to 1 s en congestion in streets and highways; to provide proper ingress an e o facilitate adequate provision for water supply, sewage disp sal, drat , access, recreation areas, open space, parks, fire protection, c ols, and other public requirements; and to require uniform monumentati nd conveyancing of accurate legal descriptions. 2. Proper application of the reg on a lished by the Washington Subdivision Act, (hereinafter referred t a "R 58.17"), as amended, requires that specific standards and ai i i r� arrangements relating to the division of land in the unincorporat d e provided by counties. 3. Furtherance of the s and objectives of the Jefferson County Comprehensive Plan ab is d pursuant to RCW 36.70 is in the public interest and requires a ac nt of this ordinance as an official control relating to the divisiono a 1-20 Purposes: h u o s of this ordinance are: 1. To prom t b he h, safety, and general welfare; 2. To provi e t oper application of RCW 58.17, as amended; 3. To further he urp es and objectives of the Jefferson County Comprehensive Plan; 4. To pr i t e blic with assurance that certain necessary facilities will be provi e i new short and long subdivisions, large lot subdivisions, cam a 'al i ustrial park divisions, mobile home park divisions, recreational v e ar ivisions, and condominium -v-elo ents in an amount and size appropriate for their proposed Findings Purposes 435974 Paso: 320 of 841 06194/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 508.00 5. To insure that new lots, tracts, parcels and sites are able to be used for the purpose which the buyer intends; and 6. To insure the general taxpaying public is not in the future required to incur development costs which are the responsibility of the original developer. 7. To minimize the adverse environmental impacts of new subdivision development, thereby protecting the quality of life of the citizens of Jefferson County. 8. To promote the conservation of the natural heritage and resourc of Jefferson County. 1. 0 En m n : The Jefferson County Board of County C iss o rs does hereby ordain and enact into law the following sections: 1.40 Title: This ordinance shall be known and may be cited s e J f erson County Subdivision Ordinance with Supplementary Provisions for L e Subdivisions, Mobile Home Park Divisions, Recreational is P k Divisions, Commercialllndustrial Park Divisions, and Condominiu wf 'o S. 1 .50 ShortTitle: This ordinance may refer to it f i ter al y "these regulations" or "this ordinance." 0 0 o- 2 435974 Pass: 321 of 541 09/04/2000 11:40A Jeffspson County, WA POPE RESOURCES RESO 599.00 SECTION 2 DEFINITIONS Subsections: 2.10 General 2.20 Tense and Number 2.30 Interpretation 2.40 Ordinance Administration 2.50 Definitions 2.10_ General: For the purpose of this ord interpreted or defined as follows: 2.20 Tense and Number: When not inco s'stent the present tense shall include the future, h in1 the plural the singular. 2.30 Inter reta ion: r �in ords and terms shall be the context, words used in shall include the plural, and 1. The word "shall" is mandat 2. The word "should" indicat a ich is recommended but not required. 3. The word "may" is p"Is . 2.40 Ordinance Adminis r ,. i n. rector of the Jefferson County Planning and Building Department is he d i ated at the subdivision administrator. The subdivision administrator s a I empowered to construe or interpret vague or incomplete terms in th' finance, consistent with the overall intent and purposes of the or" Furthermore, t0'fec- bd' isministrator shall have the power to prescribe specific administrativean p ocedures related to the implementation of these regulations, suto r i and recommendation by the Jefferson County Planning Commission, ao rmation by the Jefferson County Board of Commissioners. ADJ e A\PENT ROPERTY OWNERS: The owners of real property, as shown by r of the County Assessor, located within three hundred feet (300') rtion of the boundary of the property proposed for division. If the er the real property which is proposed for division owns another parcel a�cels of real property which lie 3 435974 Pape: 322 of 541 Jefferson County, WA PORE RESOURCES RES52$®001:40A adjacent to the real property proposed for division, adjacent property owners shall mean owners of real property located within three hundred feet (300`) of any portion of the boundaries of such adjacently located parcels of real property. 2. ALTERATION: Any change made to a final plat map or binding site plan requiring reconfiguration of existing lot, block or tract boundaries, location of roads, or other public dedications, except as exempted by RC W 5 .17.040{6}, as amended. (See Section 13, infra, for alteration procedure). 3. BINDING SITE PLAN: A detailed scale drawing of a proposed He home park, recreational vehicle park, commerciaRindustrial park or minium division prepared by a licensed surveyor, landscape archite r ct, or civil engineer registered by the State of Washington, whic ditio to the requirements of RCW 58.17.020(7), as amended: (a) ws I ex' ng and proposed conditions of the lots including topography, ve ti n, drainage, floodplains, marshes and waterways, open spat , s, means of ingress and egress, utility services, landscaping, st e a s' ns, lighting, screening devices, and any other information r le ant t the site; and (b) establishes and references all certifications is ti , nd notifications of conditions prerequisite to development and fixed boundaries (usually roads). a tl I sit n approval. 4. BLOCK: A group of lots, tracts, parcels o sites o ated within well defined 5. BUFFER: A separation designed to abso is s between differing land uses, or to protect environmentally sense ' eas or significant natural features. Generally, buffers shall left in a natural state, or, if necessary, supplemented by plants. 6. CATEGORICAL EXEMPTIONS: D e ment actions, enumerated in Washington Administrative Code he n r referred to as "WAC") chapter 197-1 1-800, which have been I g s ve determined not to have significant adverse environmental im as s, d th refore do not require environmental review or documentation for n ial ' pacts. 7. CLUSTER DESIGN: A d e nt design technique that concentrates buildings in specific area t e to allow the remaining land to be used for common open s ace. 8. COMMERCIAI_IIN R L DIVISIONS: The division of land into two (2) or more lots ts, p s or sites, for the purpose of sale, lease, or transfer of own r i h the lots, tracts, parcels or sites are intended for the develop e t of om rcial andlor industrial uses. Any parcel to be retained by h r all be deemed a parcel for sale or lease. NOTE: Commerciallin us ial p divisions must be accomplished through the binding site plan proce s e ' eated in Section 10 of this ordinance. (See Section 3, Subsectio .3 , in , for exemptions). 9. COMMUN T�T S AND FACILITIES: Including, but not limited to, parks, open spa e, ri a e roads, recreation facilities, water, and sanitary facilities. 10. COMPEL E� AP LICATION: An application accompanied by specified fees, N 435974 Pass: 323 of 541 1111111111111111111111111111111111111111111111111111111 0B10412000 11,40A Jeffaraen Cpunty1 NR POPE RESOURCES RESO 555.00 submitted on forms supplied by the Planning Department which contains information sufficient for the Planning Department to determine whether the proposed development complies with the provisions of this ordinance. 11. CONDOMINIUM: A building, or group of buildings, in which units are owned individually, and the underlying real property, the structure, common areas, and facilities, are owned by all the owners on a proportional, undivided basis. Condominiums must be developed in conformance with RCW 64.32, The Horizontal Regimes Act; and RCW 64.34, The Washington dominium Act. NOTE: Condominium divisions must be accomplished th h the binding site plan process delineated in Section 11 of this ordin 12. CONTIGUOUS LAND: Land adjoining and touching other av' g the same owner, regardless of whether portions of the paeuac se a ate tax lot numbers, were purchased at different times, lire sections or government lots, or are separated from each ocheroads or private road easements. 13. CUL-DE-SACS: An area for vehicle turnarounar, located at the closed end of a dead-end road. 14. EASEMENT: A right conveyed by a pr y t a specific person or the public, to use the owner's property o spec' ' purpose. (See 2.50.32, PROTECTIVE EASEMENT, and 2.50 5 WE EASEMENT, infra). 15. ENVIRONMENTALLY SENSITIVE A E S: h se areas established by the Jefferson County SEPA Implementin Or n e, No 7-84. (See also SEPA, RCW 43.21 C; and WAC cha ters 19 48 and 197-1 1-908 for more detailed information). 16. FINAL PLAT: The final drawin i ap form, of a short or long subdivision prepared for final approval an in ' h the County Auditor, which contains all elements and requireme s t r in this ordinance, and RCW 58.17, as amended. 17. HALF WIDTH ROAD: t i I nd intended for vehicular circulation and access to abutting prop ti , ch is one half (1/2) of the specified width for access roads, an ' o to along the perimeter of a division of property. 18. LARGE LOT SUBDI ! e division of land into two (2) or more lots, tracts, parcels r sits for t e purpose of sale, lease, or transfer of ownership, when the s I I , c , parcel or site is five (5) acres or greater. Where appropriate t n , the term may also relate to the land so divided. Any parc 1 e a' e b the owner shall be deemed a parcel for sale or lease. (See Se. e t' bs tion 3.30, infra, for exemptions). . 19. LOCAL I I R T: One of the districts into which the County is divided for the p r o o roviding fire protection and emergency services. 20. LONG T: T map representation of a long subdivision. 21. LON VI ION: The division or redivision of land into five (5) or more lots, t acts arcels or sites, for the purpose of sale, lease, or transfer of own s , hen any one (1) lot, tract, parcel or site is less than five (5) cr re appropriate to the context, the term 4 22. 23. 24 25 26 27. U:3 1111111111111111111111111111111111111111111111111, 435974 Page; 324 of 641 J�ff���on CauntY WA POPE RESOURCES 00/04/2000 11.40A RESO SS8.00 may also refer to the land so divided. Any parcel to be retained by the owner shall be deemed a parcel for sale or lease. NOTE: Long subdivisions must be platted in accordance with Section 6 of this ordinance. (See Section 3, Subsection 3.30, infra, for exemptions). LOT: A fractional portion of a division of land having fixed boundaries, and of sufficient area and dimension to meet the requirements of the Jefferson County Comprehensive Plan andlor applicable community dev opment plan, the Jefferson County Development Code, No. 3-89, the lot siz s n ds and requirements of the local Health Department and the Was in ton State Department of Health as provided for on -site sewage dis s s ms, and this ordinance. The term shall include tracts or parcels. MOBILE HOME: A dwelling unit, construction of whit i e late y RCW 43.22, as amended. MOBILE HOME PARK DIVISION: The division of lan in (2) or more lots, tracts, parcels or sites for the purpose of I h no residential structure other than mobile homes, as regulated b as amended, are to be placed upon the land. Any parcel ret i ed y the weer shall be deemed a parcel for lease. NOTE: Mo ho e r divisions must be accomplished through the binding site pl cess Bated in Section 8 of this ordinance. (See Section 3, Subse0oh 3.3 fra, for exemptions). OPEN SPACE LAND: A parcel or a of la within or related to a development, dedicated for public or p Iva s which is designed and intended to satisfy one (1) or more of the fo functions: (a) to meet the passive and active recreational n of the residents of the development, or the public if so dedicated; (b) as e ' eter buffer, to separate conflicting land uses; (c) to protect environ n II ensitive areas, or as a buffer to screen and protect environmen I n ' ' e areas; (d) to serve as wildlife connective corridors; or (e to r s cations for schools or community sites and facilities. Open s c n y include complementary structures and improvements as are c s nd appropriate. All open space land dedications shall conform t th Open Space Standards in Appendix G of this ordinance. (See Je on County Parks Comprehensive Plan, Resolution 87-90, for m e d tailed information regarding open space land). POTABLE WATE e i h meets Washington State Department of Health and Co u ea rtment standards for human consumption. PRELIMINARY L n t and approximate drawing of a proposed short or long subdivis' , sh in a layout of roads, alleys, lots, blocks, restrictive covenants, n r ements which should furnish a basis for approval or disapproval o the hor r long subdivision, in accordance with this ordinance. (See Appendic d B, infra, for more detailed information). PRIVATE I : The deliberate appropriation of land by its owner for any spec' I us s, reserving to oneself no other rights than such as are compatibl it a full exercise and enjoyment of the uses to which the proper h e devoted. The intention to C 435974 Past: 325 of $41 09/04/2000 11r40R Jefferson County, MR POPE RESOURCES RESO 598.00 dedicate shall be evidenced by presentation by the owner of a final plat or binding site plan for filing showing the dedication thereon. 29. PROTECTIVE EASEMENT: An easement for the purpose of precluding future or additional development of the land. Protective easements are generally used to preserve tidelands, shorelands, marshes, streamways, or other land uses. 30. PUBLIC DEDICATION: The deliberate appropriation of land by its owner for any public uses, reserving to oneself no other rights t n such as are compatible with the full exercise and enjoyment of the pu is uses to which the property has been devoted. The owner's intention 'cate shall be evidenced by presentation of a statutory warranty deed cri ' g he property to be dedicated filed with the County Auditor. Accep b e ublic shall be evidenced by the approval of the plats or bindin p ns o recording referencing the dedication thereon. 31. RECREATIONAL VEHICLE: A unit designed as a to r living quarter for recreational, camping, or travel use, having ei er ' w motive power or being mounted on or drawn by another vehic 32. RECREATIONAL VEHICLE PARK DIVISIONS: h di i ion of land into two (2) or more lots, tracts, parcels or sites f th p ose f lease, when no living quarters other than recreational vehi a are t e placed upon the land. Any parcel retained by the owner shall b dee a parcel for lease. NOTE: Recreational vehicle park divisions m t e a mplished through the binding site plan process delineated in Section o t is ordinance. (See Section 3, Subsection 3.30, infra, for ex tions). 33. RECREATIONAL VEHICLE Sl space of land on which a recreational vehicle is entitled to park or loca the purpose of overnight occupancy. 34. REQUIRED IMPROVEMENTS: n u , but not limited to: roads, drainage, bridges, signs, water suppl a disposal, fire protection, electrical and telephone utilities, pares o p , and community facilities. 35. ROAD: Generally, a sla ich provides vehicular circulation or other means of access to abutti rties, and which may also include provisions for public utilities, pe s ian kways, bridges, pathways for bikes or horses, open space, cut an ill es, and drainage, and generally designated as follows: 0 a. Alley i or oad used primarily for vehicular services to the back or sid pr er ' abutting on another road. b. L c s Road: A road primarily for providing access to adjacent Ian . C. Co or oad: A thoroughfare which primarily carries traffic from local ce s to arterial roads, including the principal entrance and rc a 'on routes within subdivisions. d. ter'al Road: A road primarily for through traffic carrying heavy loads n ge volumes of traffic, usually on a continuous route. N 435974 Page: ate of 541 08/04/2000 11!40A Jefferson County, WA POPE RESOURCES RESO 599.00 (For existing roads, see the road classifications contained in the Jefferson County Development Code, No. 3-89, Section 2, Subsection 62.) 36. ROAD IMPROVEMENT DISTRICT: A quasi -public entity, sponsored by the County, for the special purpose of constructing or improving a particular road or network of roads. (See RCW 36.88, as amended, for more detailed information). 37. ROAD MAINTENANCE AGREEMENT: An affirmative obligation ndertaken by an applicant or members of a lot owners association, to ens a that private roadways within a property division will be kept in a state of repair by the lot owners or applicant. 38. SANITARY DUMPING STATION: A facility for remov' o wastes from recreational vehicle holding tanks. p sing of 39. SCREENING: A method of visually or acoustically shi ng r bs ring one form of land use from another by fencing, walls, be s, a ation, or any combination thereof. 40. SERVICE BUILDING: A structure containing toil t a si , and similar facilities 'used by recreational vehicles within de ig at arks. 41. SEWAGE DISPOSAL SYSTEM: Manufa d e for the collection, treatment and disposal of organic wa a ater rated by residential, industrial and commercial establishmen s (Se a e disposal systems may consist of engineered or conventional o - ite se ti systems, or community sewer systems). 42. SHORT PLAT: The map representation of 43. SHORT SUBDIVISION: The divisi n r redivision of land into four (4) or fewer lots, tracts, parcels or sites, for a urpose of sale, lease or transfer of ownership, when any one (1 ) lot tr t, arcel or site is less than five (5) acres. Where appropriate to the on t, a term may also relate to the land so divided. Any parcel to be re a n Ob the owner shall be deemed a parcel for sale or lease. NOTE: or s t4 isions must be platted in accordance with Section 5 of this ordi a Section 3, Subsection 3.30, infra, for exemptions?. 44. SIDEWALK: A paved, s d o aded area, paralleling and separated from the street, used as a pe stri n walkway. 45. SUBDIVISION: T ivi io ny land for the purpose of sale or lease. 46. TRAIL: An ind t ned, naturally surfaced pedestrian walkway generally servi 9 ti al activities. (See the Jefferson County Parks Comprehensi an or ter detail). 47. TRANSiTISC U STOP: A turnout at the side of a roadway designed to allow base to ick and discharge passengers. 48. VACATION: ampval of lots), block(s), tract(s) or an on other than a f the face of a recorded final plat any puorl bidnding edicasitte plan. (Se e o 12, infra, for vacation procedure). 49. VARIANC A odification of the strict terms of this ordinance where modific ti i I of be contrary to the public interest, and where �3 435974 Pa0a; 327 of 541 09/04l2000 11:40A Jefforson County, WA POPE RESOURCES RESO 550.00 owing to conditions peculiar to the property and not the result of the action of the applicant, the literal enforcement of the regulations would result in unnecessary and undue hardship. 50. WATER DISTRIBUTION SYSTEM: The well, facilities and piping used to deliver water intended for human consumption. 51. WELL EASEMENT: An easement for the purpose of protecting wells from potential sources of contamination, including, but not limited to: cesspools 52. 53. 54. 55. 56, 57. 58. 59. 60. 61. 62. 63. sewers, privies, septic tanks, drainfields, manure piles, garp description, barns, chicken houses, rabbit hutches, d enclosures or structures for the keeping or maintenan or storage of liquid or dry chemicals, herbicides, or ins The word "Auditor" means the Jefferson County dito The word "Board" means the Jefferson C ty Commissioners. The word "County" shall mean Jefferson Coun The words "Department of Public Works"ZD e Department of Public Works. The words "Director of Public Works" a rector County Department of Public Works. Th of " of any kind or )ns, or other VI or animals, s. of County efferson County of the Jefferson I—, words Health Department r 'local alth Department" mean the Jefferson County Health Departmen . The words "Hearing Examiner" or ' x r' mean the Jefferson County Hearing Examiner. The words "Planning Depart e " mean the Jefferson County Planning Department. The words "Planning Director m n the Director of the Jefferson County Planning Department. The words "Prosecutor" or " u y secutor" mean the Jefferson County Prosecuting Attorney. The word "State" sh I e e ate of Washington. The word "Treasurer" a n e Jefferson County Treasurer. n 9 435974 Page: 326 of 841 09l0412000 11:40A Jefferson County, WA POPE RESOURCES RESO 688.00 SECTION 3 SCOPE Subsections: 3.10 Coverage 3.20 Compliance with Comprehensive Plan 3.30 Applicability 3.40 Exemptions C) 3_10 Coverage: This ordinance shall apply to al long s isions, short subdivisions, large lot subdivisions, commerciaRindustria p rk iv'sio , mobile home park divisions, recreational vehicle park divisio c n ominium divisions hereafter in the unincorporated areas of J fer on ou ; and every long subdivision, short subdivision, large lot sub ision, ommerciallindustrial park division, mobile home park division, recre t nal a icle park division, and condominium divisions in the unincorporated a a s a proceed in compliance herewith. 3.20 Compliance with Com rehensiv P All development subject to this ordinance shall be in compliance with the feon County Comprehensive Plan, as amended. 3.30 _ Applicability: The folloyaigg s I govern questions of the precise applicability of these regulations. 1. Parcels in the same oy n rsh' aving contiguous boundaries shall be considered a single parc For purposes of this ordinance and may not be further divided thr h h sh r subdivision process. NOTE: the sale of an existing distinct ich ' a portion of a larger contiguous ownership, shall not be co si a u division for the purposes of this ordinance. 2. Parcels in co n wn s ip separated by a public right-of-way should not be consider d le ar el. 3. Land divide in ide I to separation of common interest of communal ownership as ' a rtnership or marriage shall be considered a subdivision. 4. The partial m t of a real estate contract and subsequent deed release of a porn n perty shall not be considered a subdivision. 5. When pr p sed di isions of property would create lots of different sizes, the developm nt ards contained in these regulations that would apply to the small st t in the division shall apply to all the lots created. 10 435974 Pass; 329 of 641 Jefferson County, WA POPE RESOURCES REB041206o8.0@1;40A 3.40 Ex m i n : The following are exempt from the provisions of this ordinance: 1. Cemeteries and other burial plots while used for that purpose. 2. Division made by testamentary provision, or the laws of descent. 3. Divisions for the purpose of creating membership camping clubs, the same which shall proceed in compliance with Jefferson County Camper Club Ordinance, No. 1-73, as amended. 4. A division made for the purpose of alteration by adjust14 boundary lines between platted or unplatted lots or both, which doe of create any additional lot, tract, parcel, site or division which contai ient area and dimension to meet the County's minimum requirements idt and area for a building site. 0 0 0 0 0 11 435974 Pass: 330 of 541 1111111111111111111111111111111111111111111111111111111 08104/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 528.00 SECTION 4 ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY Subsections: 4.10 Health Department v 4.20 Department of Public Works 4.30 Planning Department 4.40 Planning Commission 4.50 Hearing Examiner 4.60 Board of County Commissioners 4.10 Health De ar ment: The Health Departqetional shal w all proposed long subdivisions, short subdivisions, commercialustri ark divisions, large lot subdivisions, mobile home park divisions, rec hicle park divisions, and condominium divisions to determine the adequroposed sewage disposal and water supply systems. The Health Depaall forward comments and recommendations relative to proposed r reational vehicle park divisions to the Planning Commission; the Health De rt ent shall forward comments and recommendations relative to all proposed I bd'ivisions, large lot subdivisions, commerciallindustrial park divisions, a bi ome park divisions consisting of fifteen (15) or more lots, tracts, p r es sites, and condominium divisions containing fifteen (15) or more dy&�lin i s the Hearing Examiner as hereinafter provided by this ordinance. 4.20 Depar ment of Pu lic Wor s: Th partment of Public Works shall review all proposed long subdivisions, sh r su visions, commerciallindustrial park divisions, large lot subdivisions, mqbJj,,e h m r divisions, recreational vehicle park divisions, and condominium divi ar s roads, drainage systems and signing. The Department of Public h forward comments and recommendations relative to proposed recrea ' I hi ark divisions to the Planning Commission; the Department of Pub is s all forward comments and recommendations relative to all proposed Ion su iv i s, large lot subdivisions, commerciallindustrial park divisions, and mobil park -divisions, consisting of fifteen (15) or more lots, tracts, parcels, or i condominium divisions containing fifteen (15) or more dwelling units, aring Examiner as hereinafter provided by this ordinance. The Departmen Pu li Works shall administer all requirements for the design of the final pla iii 'ng site plans, the engineering, installation, bonding and inspection f re i improvements, and for surveying, monumentation and legal descriptio 12 435974 Page: 331 of 641 02/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 4_30._._ Planning Department: The Planning Department shall have overall administrative and design responsibilities regarding proposed long subdivisions, short subdivisions, large lot subdivisions, commerciakindustrial park divisions, mobile home park divisions, recreational vehicle park divisions, and condominium divisions. The Planning Department shall review proposals for conformance with the Jefferson County Comprehensive Plan and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17, and the requirements of this ordinance. The Planning Department shall forward comments and recommendations relative to proposed recr tional vehicle park divisions to the Planning Commission; the Department shall for a comments and recommendations relative to all proposed long subdi large lot subdivisions, commerciallindustrial park divisions, and mobile h ark divisions, consisting of fifteen (15) or more lots, tracts, parcels, or si is, d c ominium divisions containing fifteen (15) or more dwelling units, to t en g miner as hereinafter provided by this ordinance. If the Planning Department determines that Hearing E e r i for proposed long subdivisions, large lot subdivisions, commercial\ n ust is park divisions, and mobile home park divisions consisting of five t n (14) lots, tracts, parcels, or sites, or condominium divisions o inin (5) to fourteen (14) dwelling units, is necessary to ensure con o manc ith the Jefferson County Comprehensive Plan, andlor applicable comm n y dev lopment plan, the provisions of the Jefferson County Development Code, N 3- h provisions of RCW 58.17, and the requirements of this ordinance, the P Department may refer the application to the Hearing Examiner f view and recommendation to the Board. The Planning Department shall cite th ticular provision or provisions of the aforementioned plans, policies and re la ' n which give rise to the referral. In instances where the Planning Depart t i u summary administrative approval, the Department shall enter written On i 7 1 accordance with RCW 58.17.060. 4.40 Planning Commission: Th P n ommission shall review all recreational vehicle park divisions for conf c with the Jefferson County Comprehensive Plan, andlor applicable comm n' d v pment plan, the provisions of the Jefferson County Development C de, o. - 9, the provisions of RCW 58.17, and the requirements of this d n e. addition, the Planning Commission is hereby assigned the functio s p w s, duties incident to holding hearings and making recommendations t h approval or disapproval of recreational vehicle park preliminary bindin i p s, ' accordance with this ordinance. 4.50 HearinQ Ex i e Th-e Hearing Examiner shall review the following proposed development act[ n ' ting of fifteen (15) or more lots, tracts, parcels, sites or dwelling units o fo ance with the Jefferson County Comprehensive Plan, andlor applica 10 cd�n unity development plan, the provisions of the Jefferson County Develo ode, No. 3-89, the 13 435974 Page: 332 of 541 06104/2000 11:40A J��far�on Ceunty WA POPE RESOURCES RESO 599.00 provisions of RCW 58.17, and the requirements of this ordinance: preliminary plats of proposed long subdivisions, large lot subdivisions, commerciaRindustrial park divisions, mobile home park divisions, and condominium divisions. The Hearing Examiner shall conduct the same review for said development actions consisting of five (5) to fourteen (14) lots, tracts, parcels, sites or dwelling units when requested by the Planning Department or any other person. In addition, the Hearing Examiner is hereby assigned the functions, Towers and duties incident to holding hearings and making recommendations tot Board on approval or disapproval of said development actions, in accor an a with this ordinance. FURTHERMORE, the Hearing Examiner is assigned th sa notions, powers, and duties with regard to making final decisions he val or disapproval of variances, in accordance with this ordinance. 4.60 . Board of County Commissioner: The Board shall ge a d whether or not proposed development actions controlled by this or m e appropriate provision for public health, safety, and general welfare. / The Board shall inquire into the public use and int pro be served by the development. The Board shall determine if appr p ' e pr ns are made for, but not limited to, drainage ways, streets, alleys, o her p 'c ways, water supplies, police and fire protection, sanitary wastes, soli aster arks, playgrounds, open spaces, sites for schools and school grounds, a d onsider all other relevant facts, including sidewalks and other planning fe that ensure safe walking conditions for students who only walk t d from school, and determine whether the public interest will be served by the a ment. The Board shall ensure that a propose v o ent conforms with the Jefferson County Comprehensive Plan, and or a li le ommunity development plan, the provisions of the Jefferson Coun e pre t Code, No. 3-89, the provisions of RCW 58.17, and the requirements f is r ' ance. The Board shall enter written findings as required by RCW 58.1 0, The Board shall make decisio s reg r ing administrative appeals, but only after receipt of a recommendaiv�o� earing Examiner relative thereto. 14 435974 County WA POPE !!41!1 E8 Paaa: 333 of 541 ME804/64e.00000 1:40A 11/0 SECTION 5 SHORT SUBDIVISIONS Subsections: 5.10 Applicability 5.20 Administration 5.30 Design 5.40 Required Improvements C) 5.50 Inspections 5.60 Surety 5.1 Q A li abil' a This section pertains to the division of land 'n o four {4 or fewer lots, tracts, parcels or sites, where any one (1) lot, tract, parce o site is less than five (5) gross acres Sincluding a pro rata share of common o n sp ce and roads, and excluding tidelands). n 5.201 Preapi2licatign n for r�% making application for short subdivision approval, a prospective app ' sh I) as ange for the proposal to be reviewed by submitting five (5) copies of e r osal to the Planning Department at least fourteen (14) days before it n official short subdivision application. The proposal shall include a co ept design showing approximate lot lines, suggested provisions for parksd p ce, means of ingress and egress, lot drainage, possible locations a d' posal and water supply systems, and possible locations of utili ts. Preapplication consultation shall also include a decision as to he th r posal will require review and threshold determination pursuant to th E ironmental Policy Act, RCW 43.21 C. There is no f6epreapplication consultation, which includes design and administrat'ry t , however, this free service shall not include extensive field inspection r re pondence. Preapplication consultation shall in no way limit subsequent a min's native review. NOTE: Pr1 ommencing on -site physical activity, prospective applicants are advis tac tact the Planning Department to ensure proper examination of al�nnta"actors. 15 435974 Page: 334 of 541 III mill 111111111111111111111111111111111 Jefferson County, WA POPE RESOURCES RESO416 g00101:40R 5.202 A li i n: All persons who wish to short plat land located in Jefferson County shall apply to the Planning Department for summary review and approval, using forms supplied by the Planning Department and prepared in accordance with Appendix A of this ordinance. (See Subsection 5.207, infra, for summary review and approval procedure). Upon receipt, the Planning Department shall affix a notice to the application containing the following statement: APPLICATION RECEIVED (DATE) NO DETERMINAT A SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN M Those applications which upon inspection are insufficiently p e to r vide a basis for adequate review shall be returned by the Planning a rt t. written statement citing the information requirements upon which no c nce is based to shall be supplied by the Planning Department when requ h applicant. The acceptability of an application shall be certified b *(a I anning Department within fourteen (14) days of filing. When the PI ni g art nt has determined that the application contains sufficient informat'o to pr i e an adequate basis for review, a notice containing the following t temen hall be affixed to the application: AS OF _(DATE) THE ,A`PPLICA IS FOUND TO BE SUBSTANTIALLY COMPLETE. Affixation of this notice shall pro id re tive evidence of a completed application, and the time period for re , /aa proval shall commence. When land proposed to be subdWi i ad' cent to or within one (1 ) mile of a municipal boundary, or contemplat u ny city or town utilities, notice of the application shall be given by the n' apartment to the legislative body of that city or town. When land pro d e subdivided is within two hundred feet (200') of a shoreline, n 'ce o th pplication shall be given by the Planning Department to the J - or ownsend Shoreline Management Advisory Commission. Propose IS ivisions located adjacent to the right-of-way of a State highway shall pr sen to the District Administrator of the Washington State Department r ati n for review and recommendation regarding such matters as deemed pr pri e A proposed short subdivision, any part of which is within a flood contr o (as provided in RCW 86.16), must be approved by the Washington State a t of Ecology prior to approval by Jefferson County. The Planning De e s all forward copies of the proposed short subdivision to appropriate fire i tric , school districts, public utility districts, transit authorities, and other releva t e nment agencies when deemed necessary. 16 435974 Psme: 335 of 541 09/0412000 11:40R Jefferson County, A POPE RESOURCES RESO 590.00 5.2Q2 Fees: Short subdivision applications shall be accompanied by fees as set by the Board, payable to the Jefferson County Planning Department and the Jefferson County Health Department, respectively. NOTE: Fees will not be processed by the Planning Department until the application is deemed complete. 5.204 Public Notice: Notice of pending short subdivision application review shall be given as follows: 1. Within ten (10) days of the filing of the application, the PIa'rriipg Department shall send notices to adjacent property owners advisin f the pending short subdivision application. Names and addresses lac nt property owners shall be provided to the Planning Department y ap 'c nt, subject to Planning Department approval. 2. The Planning Department shall provide the appl' a w two (2) or more notices of the pending short subdivision appli n, c hall be placed in conspicuous locations on or near the prope wi i to (10) days of the application filing. Notices shall be rem a plicant upon final short plat approval. The notices shall be me asily visible boards not smaller than two feet (21 by three e t (3'} II notices and notice boards shall meet Planning Department req it meets 3. The Planning Department shall arrange r a east one (1) publication of the notice of pending summary s subdivision review to appear in a newspaper of general circulation within th my within ten (10) days of the filing of the application. Payment of all p li tion fees shall be the responsibility of the applicant. Any person shall have a p rt en ( ) days from the date of the notice to comment on the proposed p i n y ort plat. All comments received by the Planning Department shall b v1 to the applicant. The applicant shall have seven (7) days from receip th ments to respond thereto. NOTE: Nothing in t i b i n shall prohibit the Planning Department from providing addition is t viduals not meeting the definition of an "adjacent property owner," a . e n Section 2, Subsection 2.50.1 of this ordinance. b.205 Time a l6:/ lic Lions for approval of short subdivisions shall be processed without delay d al preliminarily approved, disapproved or returned to the applicant within ty 30) days from the date the application is deemed complete, unless the a lica t sents to an extension of the time period, or unless approval is required y a eta agency. In instances where the actions of the applicant result in approval d ay o consent is required for an extension. 17 435974 Pao.: 33E of 041 06/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO 608.00 5.206 Varianc,g Re9ta sts: Variances from the regulations of this section may be permitted under certain circumstances PROVIDED, a written request is submitted together with the completed short subdivision application. (See Section 11, infra, for variance procedure). 5.207_ Summary Aoproval: The Health, Public Works, and Planning Departments shall prepare written findings and conclusions indicating either: (a) their approval of a proposed short subdivision, together with the conditions impose or (b) their disapproval of a proposed short subdivision and the reasons for disap o al. Criteria for review of a short subdivision are as follows: 1. The Health Department shall review proposed short s sio t ensure conformance with public health and sanitation require op by the Washington State Department of Health, the County Ith a art ent, and this ordinance. 2. The Department of Public Works shall review pro se s r ubdivisions to ensure conformance with the road and drainage r vi o so is ordinance. 3. The Planning Department shall review proposed rt u divisions to ensure conformance with the Jefferson County C pr he save an, andlor applicable community development plan, the pr '§ions the Jefferson County Development Code, No. 3-89, the provi i ns of W 58.17, and the design requirements of this ordinance. Additio a , th fanning Department shall consider the recommendations of all of r r e ant government agencies, including, but not limited to: p lic utility istricts, fire districts, school districts, and transit authorities. Approval by the Health, Public Works, n ing Departments shall constitute summary short subdivision approval o p t f Jefferson County, and no further action by the Hearing Examiner gr,Bo r s I e required. Summary approval may require the applicant to meet dd,5.i' e ditions before submission of the final short plat. Summary short subdivisn al shall furnish a firm basis upon which the applicant may proceed wit u' ed improvements, as well as preparation of the final short plat, in com i ce it any conditions of approval imposed, and the provisions of this oran e. NOTE: A short sub v's' s rider no circumstance be approved before the Planning Departmerryyiias co u ed at least one (1) field inspection of the site proposed for subdiis`i 1-1 5.208 Expiration: the final short pi months from th Planning Depart days prior to th d six (6) mont"s�on r0short subdivision approval shall become invalid when s bmitted in proper form for final approval within six (6) e f'summary approval. Extensions may be granted by the t, en requested in writing by the applicant at least thirty (30) o expiration. Extensions may be approved for a maximum of e (1) time basis only. W-3 435974 Pass: 337 of 541 Jefferson County, WA POPE RESOURCES RE8041 O0,001`40A 5.2209 Rengwgi Progedure: A short plat upon which preliminary approval has expired shall be resubmitted and processed as a new application. 5.21 Q Appeals: 1. Any administrative decision made by the Planning Department regarding a preliminary short subdivision application may be appeals to the Hearing Examiner by the applicant, a public agency, or any in r sted person as defined below, not later than fourteen (14) days following t e ecision of the Planning Department. The notice of appeal shall be on vided by the Planning Department and shall be filed with the Planning art ent. 2. Only persons holding an ownership interest in p ert I ca� within six hundred feet (600') of the boundary of the p preliminary short subdivision, or persons who have submitte i n comments on the proposed preliminary plat pursuant to Subsecti t 's ordinance, shall be considered interested persons for the pur o es f this ection. 3. The written notice of appeal shall in u a. A concise statement of the err r r issu he Hearing Examiner is asked to consider on appeal; i.e. error ' i r tation of law, adopted policy, relevant fact, or discov ry of n ctual evidence which, by due diligence, could not h v been found prior to the decision of the Planning Department; b. A statement containi p i references to portions of the written findings contain d in t n 'ng Department's decision alleged to be in error, and an a i� those provisions of law or adopted policy alleged to have b n i d; C. A statement f e e ' sought, such as a reversal of the Planning Department's d cis or modification of conditions; d. The arepresentative;address and telephone number of the appellant ? or t e nt e. A ea'FJee,as set by the Board of County Commissioners. 4. The notic o al shall be accompanied by a written memorandum detailing the ar u en s e appellant may which considered by the Hearing Examiner. The qmo dum may not be based upon new factual information, unless such on could not have been found through due diligence prior to the P i D artment's decision. e n ing Department shall notify all interested persons that an appeal has e filed and that copies of the appellant's notice of 19 435974 Page: 339 of 541 0/10412000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 appeal and memorandum may be obtained from the Planning Department. Interested persons shall also be informed that if they wish to respond to the appellant's memorandum, they may submit a written memorandum to the Hearing Examiner within fourteen (14) days from the date that notice to interested persons is mailed by the Planning Department. 6. Requests for extensions of time for filing memorandums, may be submitted by any interested person, prior to the date the memorandum w Id otherwise be due. A person may be granted only one (1) extension, not t exceed ten (10) days. Extension notices shall be provided by mail II interested persons. 7. Within fourteen (14) days of receipt of the notice of a xcl d' g time allowed for extensions), the Hearing Examiner shall o a p lic earing at which time the Examiner shall examine the written a e ke any public testimony pertaining to the issues on appeal, and e e o e the following courses of action: a. After examining the noti eal and accompanying memorandums, the Hearin amin may deny the request and adopt the Planning Depart a is d i ion; OR b. Amend and adopt, 'e reverse, or amend and reverse the findings or conclusions ' Planning Department's decision. If the Hearing Examiner render de i n which varies from the Planning Department's decision, g i e shall enter findings of fact and conclusions of law base cfw t facts in a written record of decision. Pursuant to the Jefferson C n aring Examiner Ordinance, No. 1-0318- 91, the decision of the i r hall constitute a recommendation to the Board of County Com s ion 5.211 Final Short PI .0 1. The final sho at n u orting data shall be prepared in accordance with Appendix s rdi ance and shall be submitted to the Planning Department ur een 1 ) days prior to the date of final review by the Board. 2. The Planning a ment shall cause the final short plat to be circulated to the De pa li Works and the Health Department for their individual approval 'n o dance with the conditions of summary approval outlined in Subsecti n 5.2 of this ordinance. 3. The Heal a ment and the Department of Public Works shall immediately noti th ing Department of any obstacles or 20 435974 Pass: 339 of 541 0010412000 11:40A Jefferson County, WA POPE RESOURCES RESO 599.00 problems which would prevent or delay approval of the final short plat, and the Planning Department shall thereupon notify the applicant. 4. After approval by the Health, Public Works, and Planning Departments, and certification from the Treasurer that all taxes and delinquent assessments for which the property is liable have been paid, the final short plat shall be presented to the Board for a concurring signature. After endorsement by the Board, any fee for filing the short plat for record shall be posited with the County Auditor, and the final short plat and any restricts n and covenants shall be simultaneously recorded. .212 R ivi i n: Lots created through the short subdi io V c ss shall not be further divided in any manner within a period of five ( a wit o t the filing of a final long plat, which shall proceed in full complia wi h Se ' n 6 of this ordnance. When the short plat consists of fewer than r 1 s, nothing in this section shall prevent the owner who filed the she o filing an alteration within the five (5) year period to create up to a fat of fo ( ) lots within the original short plat boundaries. ( � 5.30 e i n 5.30....LQts: 1. Residential densities shall co o with the Jefferson County Comprehensive Plan andlor applicable commu evelopment plan, the Jefferson County Development Code, No. 3-8 a nform to the lot size standards and requirements of the Health a rt a and the Washington State Department of Health as provided f r o - iw ge disposal systems, PROVIDED, in the event of a discrepant e s riEle standards shall apply. 2. The design, shape, size r' tion of lots shall be appropriate to the use for which the lots are ' n nd the character of the area in which they are located. If any port' f I is less than one hundred feet (100') in width, the average IeRgth f ai I t shall not exceed three times its average width. Lot areas in s o i imum standards may be required for reason of sanitation, t e I e ide hazards, poor drainage, flood hazards or other unique con it' o s r atures which may warrant protection of the public interest. 3. Creativi i of y t and configuration is encouraged. 5.302 Eas m s: 1. Ease nts o the purpose of ingress and egress, andlor utility installation and main n e shall be established by recording a separate instrument, or by c-ra.� ' f easement dedication, and 21 435974 Pa0o: 340 of S41 08/04/2000 11:40A ,1�ffe�rpn County, WA POPE RESOURCES RESO 599.90 shall be graphically portrayed on the final short plat. 2. When required by conditions of summary approval, easements for utility installation and maintenance shall conform to the standard width of seven feet (7') along front lot lines, five feet (51 along side lot lines, and ten feet (10') along rear lot lines. 3. Where a short subdivision is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement of adequate width for maintenance and erosion control purposes. Drainage control a meats shall conform substantially with the alignment of watercourses. Th quirement shall not entail any responsibilities for watercourse mainte c o the part of the County and arrangements for maintenance may req 're to the satisfaction of the Director of Public Works. 4. Buffer strips or protective easements may be required, a th mi i um lot depth requirement may be increased, where a short su i isio i a cent to: a railroad, an arterial road, commercial or industrial de el nt, tidelands, shorelands, marshes or streamways, or other land a ch separation or screening is deemed advisable. (See Appendix H for relevant documents se b the apartment of Public Works). 5.303 _ Transit\School Bus 5toos: Applicati n for h rt subdivisions shall be reviewed to determine whether transit or school s p are necessary to promote public access to safe and convenient travel. 5.304 Sidewalks: Applications for short s di 'sions shall be reviewed in order that provisions necessary to ensure safe wal c di 'ons for pedestrians, and students who only walk to and from school, rec i a to consideration. Construction of sidewalks or similar planning fere �b required for final short subdivision approval. 5.305 Open „Space Land: n a e land should be properly located and preserved as the County dev I rder to mitigate the direct impacts of a development, the cost pr in pen space amenities should be equitably proportioned on the o t additional need created by the individual development. The foiloo p vII ions shall apply: 1. Minimum ar a space shall be provided as ten percent (10%) of the total gross e f e hort subdivision, consistent with the Open Space Standards in a ix of this ordinance. Open space dedications shall be established e r g a separate instrument, or by dec r n f edication, and shall be graphically portrayed on the final short pla . All p n space dedications shall be in perpetuity. a. e s to this requirement may be granted by the Board if the short ' ision is: (a) adjacent to, or near, existing open 22 435974 Pass: 341 of 541 deff@roan County, MA POPE RESOURCES RESO04! M �1:40A oun space land sufficient to accommodate the increased public need; or (b) when previous dedications have been made that adequately serve the public need. b. Fees -in -lieu of dedication of land for open space may be permitted by the Board PROVIDED: (a) the amount of the fee shall be equal to the average fair market value of the land in the short subdivision which the applicant would have been required to dedicate; and (b) the use of fees shall only be for the purpose of acquisition or dev pment of open space land in sufficient proximity to the short ivision which contributes the fee to reasonably benefit the fut e e idents of the short subdivision. All fees -in -lieu shall meet the ui nts of RCW 82.02.020. 2. Open space land should be appropriately located pr v de ith access when deemed advisable. 5.306 State Environmental Policy Act Review: A 'ca 'o s r hort subdivision of lands involving environmentally sensitive e s all include threshold determination and, pursuant to SEPA, shall b su je t r iew on the basis of the environmental checklist and other required umen . See SEPA, RCW 43.21 C; WAC 197-11; and the Jefferson County S A Imp enting Ordinance, No. 7-84, for more detailed information). Lands designated as environmentally nsitive m e included within the boundaries of a short plat designated as Comm it roperty, recreation area, or other similar open space, or may be included withi a t, if the lot contains sufficient land of suitable characteristics to meet Coymy�st rds for construction of a dwelling. 5.307 Sionificant Natural F r t slopes, geological hazard areas, marsh or wetland areas, areas sub' o to g or having bad drainage, streamways, tidelands, aquifer recharge are eas containing critical wildlife and wildlife habitat may be included wk t b undaries of a short plat, or a lot, however, improvements required fgc�.dur ' 'o development shall proceed in compliance with administrative rules prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinal�ti a measures imposed under the authority of this subsection shall ZToreI reasonable use of the land. NOTE: This s ail apply only to proposals that are otherwise categorically exempt from SEPA nd of contain lands designated as environmentally sensitive. 5.308 R v 1. Road hai a designed with appropriate consideration for existing and pr ' e r ads, anticipated traffic patterns, topographic and drainage di ' ns, public convenience and safety, and the proposed uses of the land ry 23 2. 3. 4. 5. 5. 6. 7. 435974 Page: 541 U 164182000o 11 : 40A ,1efferson County. WA POPE RES"CES RE80 d00.00 Short subdivision applicants shall incorporate standard sixty foot (60') wide rights -of -way where public roads are to be dedicated. Private road easements shall also be sixty feet (60') wide, and shall be established by recording a separate instrument, or by declaration of easement dedication, and shall be graphically portrayed on the final short plat. However, easement width for private roads which; (a) dead-end due to topographic features such as a shoreline or river, or (b) do not exceed five hundred feet (500') in length, may be reduced by the Board pursuant to recommendation by the Di r for of Public Works. In instances where the standard sixty foot (60') wide e s ment is not required, provisions for parallel easements for utility s I Lion and maintenance shall be required if deemed necessary by the ire r f Public Works. All reduced width easements shall be designed lu r visions for emergency vehicle turnarounds. All dead-end roads shall be designed to include pr ons f r e ergency vehicle turnarounds in accordance with standards esta is y the Director of Public Works. Where necessary to join with existing roads, or t o ide future area - wide circulation, roads or road rights -of -way may b re i ed to extend to the outside boundaries of short subdivisions. Permanent turnarounds, preferably sq circulation. u ay quired at the end of dead-end roads which are intended f r Conti u tion or future area -wide Engineering design of public roads sha c or with officially adopted Jefferson County road standards. Road grades, curves, and interse 'o shall provide adequate sight distances for traffic safety. Access to short subdivisions adja t erial or collector roads should be restricted. All lots shall be sery y ernal road system unless the lots front on a local access road. 0 (See Appendix H for releva� is used by the Department of Public ci Wnrk. 24 hort subdivision shall be ks design standards, based %ments for the continued Led and referenced on the including: culverts, storm ds, shall be installed before an approved grade, road :ions shall be arranged with 435974 Poise: 343 of 541 specified stages. (See Subsection 5.50, infra, for inspection procedure). All required road construction must be approved by the Director of Public Works prior to approval of the final short plat. 3. Legal access from the nearest public road to the entire tract being divided shall be secured and graphically portrayed on the final short plat. 4. Road approach permits for private roads that access onto P County road or State highway shall be secured prior to final short plat a proval. When adjacent to a County road or State highway, the approach s I be graphically portrayed on the final short plat. (See Appendix H for relevant documents used by t e e artm t of Public Works). 5.402 Off;,Si1Q Traffjs Impacts: The Director of Publi s y require that the applicant hire an engineering firm to prepare a traffic s c s d to determine the potential off -site traffic impacts on existing roadose y t e proposed short subdivision. Based upon the findings and information in t e traf ' impact study, and any other relevant data available, the applicant may ssess d a traffic impact fee to offset the costs which may be incurred by the C un pgrading any off -site roads) affected by the short subdivision. All i ees shall conform with the requirements of RCW 82.02, and R 3.21 C. Impact fees shall be proportionally based, and accurately reflect the a iti al burden upon existing off -site roads caused by the development. NOTE: Traffic impact fees shall b 1e ill ough an impact fee ordinance adopted pursuant to RCW 82.02.020/ (J 5.403 Bridow The design o truction of any bridge in a short subdivision shall be in accordance with nt ndards and shall be approved by the Director of Public Works prior to.a p ova o the final short plat. All bridge designs shall be certified by a licens it n r. (See Appendix H .4 4 Signs: � standards. F recommendatio Traffic sign nd accordance with (See A F �e"nocuments used by the Department of Public Works). n shall be installed in accordance with Jefferson County a shall be approved by the Board, pursuant to Director of Public Works. ny devices shall be provided and installed by the applicant in Manual on Uniform Traffic Control Devices. for relevant documents used by the Department of Public Works). 25 435974 PAW 344 of $41 J�f fer�en Country Ili POPE RESOURCE! RESO ! 6� 001 :40A 5,405 Drainage: Drainage facilities adequate to prevent erosion, flooding, or hazard to the use of the roads, lots, property, or facilities within the short plat, or to adjacent private or public property, shall be installed according to a drainage plan approved by the Director of Public Works in accordance with County standards. The plan shall show full details, including the locations, lengths, and sizes of culverts, and the method and location of run-off water disposal. (See Appendix H for relevant documents used by the Department of P lic Works). 5.406 Water I : 1. For short subdivisions where any one (1) lot is less tha c es, an adequate potable water supply shall be provided to e t it in the subdivision. Water supply may be accomplished th o h c nec on to a public or community water supply system, through in ' i ells, or any other alternative method consistent with State law. i ' I ils shall meet minimum Jefferson County Health Department an o i ate ater System Plan standards. Additionally, individual wells all b served by well easements which may not encumber ad' ce p ert s without the prior written consent of the adjacent land o er s). e I easements shall be established by recording a separate instr ent, o b declaration of easement dedication, and shall be graphically portr y on h final short plat. 2. A potable water supply need not b rovided a lots of a short subdivision where the smallest lot created is re er than two (2) acres, when the lots meet minimum standards of the Hea artment for individual wells. When constructed, however, individual 11 h 11 be served by well easements which may not encumber adjace t op t+ s without the prior written consent of the adjacent land ow r(s) I asements shall be established by recording a separate in& r r claration of easement dedication, and shall be graphically portraye o nal short plat. a. In any instance w a o ble water supply is not provided to a lot within a sho su di ision, the applicant shall specifically identify each such lot b di e ollowing notice on the final short plat: G TO PURCHASERS THE LOTS -PLS, OR TRACTS CONTAINED WITHIN THIS S R S DIVISION HAVE NOT BEEN PROVIDED WITH BILE WATER SUPPLY. NO BUILDING PER IL BE ISSUED BY JEFFERSON COUNTY LOU IRST SATISFYING THE POTABLE WATER U NTS ESTABLISHED BY THE JEFFERSON EALTH DEPARTMENT. 26 b. Any instrument of sale conveying any interest in any lot not provided with a potable water supply shall clearly state that a water supply is not provided. 3. Where the lots of a short subdivision do not meet the Health Department standards for individual wells, water shall be provided through public or community water supply systems, or any other alternative thod consistent with State law. Community water systems and alternati a ater systems must comply with all applicable State statutes, the rule a egulations of the Washington State Department of Health, as well as he son County Health Department and Coordinated Water System PI r ' ' n regarding quantity, quality, source, source protection, distribut'n stor methods and facilities, and treatment and testing procedure . 5.407 Sewage Disposal: Installation of sewage. ' o l stems for short subdivisions shall be in compliance with reguln s ndards of the Washington State Department of Health, the Wa 'ngt n Sta a Department of Ecology, and the County Health Department, h I proved only after a site inspection by the County Health Departme 5.408 Fire Protection: 1. Applicants for short subdivisio where mallest Iot is less than two (2) acres shall incorporate adequ e ' e protection measures in accordance with the Uniform Fire Code and local ' e 'strict recommendations consistent with State law. 2. Applications for short subdiv' s h e the smallest lot is greater than two (2) acres shall be re wed y re resentative of the local fire district in which the proposed s i n would occur. The representative shall recommend what fire pr c ' asures, if any, are necessary for the short subdivision, and shalld propriate recommendations to the Planning Department. t� r n h n vi : Applicants for short subdivisions are not required to provide_d#i&lephone facilities. 1. The serve n remration of every final short plat shall be made by or under the sup st f a licensed land surveyor registered by the State of Washi 2. All s r eys s all conform to standard practices and principles for land surve in S e WAC 323-130, as amended). 3. T ent of Public Works shall be furnished all documents and la ' ns necessary to determine the accuracy of surveys. s v yor shall provide the Health Department and Planning Department indicating the area of each lot within a final short plat. r�j-►I 43597440A 5. Permanent control and road monuments directly related to the short plat shall be constructed of materials as per Jefferson County standards. 6. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their position. 7. Every lot corner shall be marked with an iron pipe or rebar having surveyor's cap and license number. B. Surveys shall include a section tie which shall be graphically po rayed on the final short plat. 9. A survey is not necessary until after summary approval has granted, however, approximate lot corners shall be marked prior to s y pproval. 5.50 Inspections, Required improvements shall be inspected to the satisfacti th epartment of Public Works, Planning Department, or Health Departme , i e r ' responsible. Inspections shall be requested by the applicant at such s age m be indicated by the appropriate department. The fees for all in cti n a checking, testing, sampling, and other work incidental to approval of a re it improvements shall be charged to the applicant and paid as a condit! n of artmental approval of the short subdivision or release of the surety. T e epar nt of Public Works may arrange for utility inspection to be conducted b p e y qualified consultants and may charge the applicant for the costs of the spe ion. No bridge, drainage facility, or community water or sewer em shall be accepted unless the design and construction thereof shall have been ' ied by a civil engineer licensed by the State of Washington in accordance with ll p ' able State and local requirements. 0 1. egrformance Surety: As an improvements before final sho performance surety guaranteei co of time not to exceed owe ) e Surety shall be appro eV the County Prosec r, 2 of a licensed civil n assured. Separate ur required improveme development oth tle itive to complete installation of required rroval, the applicant may elect to post a on of the work Qnly, within a stated period h Director of Public Works, in a form acceptable to n in mount no less than two hundred percent (200%) 's timate of the cost of completing improvements to be r m e required by the Director of Public Works for each assured. No surety shall be accepted for water supply distribution facilities. 28 435974 Paq: 347 of SO 0010412000 11:40R Jefferson County, WA PON REiOMM RM sm .00 2. Maintenance B, nds: A maintenance bond securing to Jefferson County the successful operation up to two (2) years of any improvements required by this ordinance, may be required by the Board as a condition of accepting the final short plat. Any maintenance bond shall be approved by the Director of Public Works, and in a form acceptable to the County Prosecutor. 29 435974 PAN: 848 of 841 Joffor�on COuntY WAPON RE80mcn 09/84/20H 11;48A 4260 888.00 SECTION 6 LONG SUBDIVISIONS Subsections: 6.10 Applicability 6.20 Administration 6.30 Design 6.40 Required Improvements 6.50 Inspections 6.60 Surety - q (C-)) 6.10 Ai2pli i . This section pertains to the division of land int f ve (5) or more lots, or sites, where any one (1) lot, tract, parcel, or si is I s than five (including a pro rata share of common open p nd roads, tidelands). approval, a prospective applic� submitting five (5) copies of fourteen (14) days before su proposal should generally in preliminary plat as per Axppen shall include twoZme techniques. The d parks and open spof sewage disposeasements. Preathe proposal will rEnvironmental Poli tracts, parcels (5) gross acres and excluding P i r t in application for long subdivision I rr a for the proposal to be reviewed by .he r o to the Planning Department at least i an official preliminary long plat. The formation required for submission of a C f this ordinance. Additionally, the proposal a d signs, one (1) incorporating cluster design u e approximate lot lines, suggested provisions for f 1 gress and egress, lot drainage, possible locations apply systems, and possible locations of utility saltation shall also include a decision as to whether and threshold determination pursuant to the State 43.21 C. There is no efoir preapplication consultation which includes design and administrative a si a- e, however, this free service shall not include extensive field inspection r r ondence. Preapplication consultation shall in no way limit subseque t%aclMi trative review. 091 NOTE: Prior to commencing on -site physical activity, prospective applicants are advised to contact the Planning Department to ensure proper examination of environmental factors. 6.202 AD12lication : All persons who wish to subdivide land located in Jefferson County shall apply to the Planning Department for preliminary long plat review and recommendation, using forms supplied by the Planning Department and prepared in accordance with Appendix C of this Ordinance. (See Subsection 6. 05, infra, for review and approval procedure). Upon receipt, the Planning Department shall affix a noti a pplication containing the following statement: APPLICATION RECEIVED —(DATE) NO DET ON OF A SUBSTANTIALLY COMPLETE APPLICATION HA DE. Those applications which upon initial inspection appe to nsufficiently prepared to provide a basis for adequate review shall be ne Planning Department. A written statement citing the information re ens n which nonacceptance is based shall be supplied by the Plannin eparnt when requested by the applicant. 11 The acceptability of an applications all be ci�by the Planning Department within fourteen (14) days of filing. h the Planning Department has determined that the application contains sufficient o ation to provide an adequate basis for review, a notice containing the !fo�w otatement shall be affixed to the application: AS OF(DATE lEC PLICATION IS FOUND TO BE SUBSTANTIALLY COMID Affixation of this notice o 'de presumptive evidence of a completed application, and the time p ri d f r eview and approval shall commence. When land propos d t b . ided is adjacent to or within one (1 ) mile of a municipal boundar o e lates use of any city or town utilities, before review commences by a ing epartment or the Hearing Examiner, notice of the application shall b b the Planning Department to the legislative body of that city or town. hen an roposed to be subdivided is within two hundred feet (200') of a shor li tice of the application shall be given by the Planning Department he erson-Port Townsend Shoreline Management Advisory Commissionrop s d long subdivisions located adjacent to the right-of-way of a State highw a presented to the District Administrator of the Washington State De t Transportation for review and recommendation regarding such matters a ed appropriate. A proposed long subdivision, any part of which is within oo c ntrol zone (as provided in RCW 86.16), must be reviewed by the a in o State Department of Ecology and receive written approval prior to re y Hearing Examiner. The Planning Department 31 shall forward copies of proposed subdivisions to appropriate fire districts, school districts, public utility districts, transit authorities, and any other relevant government agencies when deemed necessary. 6.203 Fees: Preliminary plat applications shall be accompanied by fees as established by the Board, payable to the Jefferson County Planning Department and the Jefferson County Health Department, respectively. NOTE: Fees will not be processed by the Planning Department until the application is deemed omplete. 6.204 Timet&g: Preliminary administrative review of long subdivision p lications shall be completed within sixty (60) days of the date of submissio 0 o pleted application for divisions consisting of five (5) to fourteen (14) 10 r n eighty (80) days of submission of a completed application for divisions c i ing f ifteen (15) or more lots, unless the applicant consents to an extensi of t e tim period, or unless approval is required by a State agency. Upon comple ' n preliminary review process, the Planning Department shall advise the t the time and place of the public hearing at which the completed app s h doled to be considered by the Hearing Examiner. If no public hearin s b n requested on an application for a long subdivision consisting of a 5) o u een (14) lots, the Planning Department shall advise the applicant a has been forwarded to the Board for preliminary approval or disappr al. 6.205 Preliminary Review and Approval Process. In c' cumstances, the County Planning Department shall conduct preli inary a 'strative review of all long subdivision applications. Subsequent eliminary administrative review, the Planning Department shall proceed in the f o ing manner: 1. a. For long subdivisions con i g f"'Ove (5) to fourteen (14) lots, the Planning Department n it I is retion, may refer the application to the Hearing Examiner r p hearing and recommendation to the Board; or b. The Planning and B g e rtment may forward its recommendation directly to the Boa r e ' inary approval or disapproval. Pursuant to RCW 5$. .095, no blic hearing is required prior to preliminary plat approv u i ' i s consisting of five (5) to fourteen (14) lots. However, y rs y request a hearing if the Planning Department does no er 'se cretion in referring the application to the Hearing Examil a bs ction 6.206.1(d), infra). 2. For all long s bdi isi s onsisting of fifteen (15) or more lots, the Planning Department s r er a application to the Hearing Examiner for a public hearing and a dation to the Board. NOTE: A long s bdi is on shall under no circumstance be approved before the Planning Depart e s conducted at least one (1) field inspection of the site proposed fo su j n. 32 435974 111011111111PSOM: 351 of 541 J•r r•��en x+tv WA POPE RE8"On KBO � 6� 001 4OA Public Notice: Applications for long subdivisions consisting of five (5) to fourteen (14) lots do not require a public hearing unless the proposal is referred to the Hearing Examiner by the Planning Department, or a hearing is requested in writing by any person. All applications for long subdivisions consisting of fifteen 0 5) or more lots require a hearing. 1. For long subdivisions consisting of five (5) to fourteen (14) lots, notice of Preliminary administrative long plat review shall be given as follows; a. The Planning Department shall arrange for at least o 1) publication of the notice of pending administrative long plat r t appear in a newspaper of general circulation within the Coun 'n t (10) days of the filing of the application. Payment of all ub i tion fe s shall be the responsibility of the applicant. b. Within ten (10) days after the filing of the p i a i for preliminary administrative long plat review: 1. The Planning Department shall pr v de t e app 'cant with at least five (5) copies of the not p n dministrative long plat review, which shall be pl a co ous locations on or near the property, and shal a re ved by the applicant after administrative long plat p roval. he notices shall be mounted on easily visible boards t e than two feet (2') by three feet (3'). All notices an a boards shall meet Planning Department requi nts. 2. The Planning Depa t shall send notices to adjacent property owners advising the o he pending administrative long plat review. Names d d es of adjacent property owners shall be provided to to I n' g Department by the applicant, subject to Planniroep a pproval. All notices shall i i e ofication that no public hearing will be held on the applicat' ni s person files a request for a hearing with the County within ent - ne (21) days of the publishing of notice. When a publi ari g r quested, the notice provisions of Subsection 6.206 f th' nce shall apply, and the sixty (60) day period for appro a fisapproval of the proposed long subdivision shall co ce n date the request for a public hearing is filed. All he ri d d under this subsection shall be conducted by the Linn in C-- . c. An hall have a period of twenty (20) days from the date of the omment upon the proposed preliminary long plat. All received by the Planning Department shall be provided to the The applicant has seven (7) days from receipt of the to respond thereto. 33 435974 Pass: 852 of 541 d. On its own initiative, within twenty-one (21) days of the filing of an application for a long subdivision consisting of five (5) to fourteen (14) lots, the Planning Department, in its sole discretion, may cause a public hearing to be held by referring the application to the Hearing Examiner. The public hearing shall be held within sixty (60) days of the filing of the application. e. When a public hearing is not called as provided in this subsection, the Planning Department shall complete the review of he proposed preliminary long plat and transmit its recommendation t e Board. 2. For long subdivisions consisting of fifteen (15) or more lot of public hearing shall be given as follows: a. The Planning Department shall provide the appl' q t if at I ast five (5) copies of a notice of the public hearing, d'one ( )copy of an affidavit of posting. The applicant shall post ti s and maintain them in place for at least ten (10) days pri tat b ' hearing, not including the day of posting or the day of t e ea 'n . e notices shall be placed in conspicuous locations r e property and shall be removed by the applicant after t hea ' he notices shall be mounted on easily visible boards n t small han two feet (21 by three feet (3'). All notices and notice b a s sha I eet Planning Department requirements. The affidavit of po in II be signed, notarized, and returned to the Planning Departmen I st one (1) week before the hearing. b. The Planning Departments I ange for at least one (1) publication of the notice to appear in a ne er of general circulation within the County at least ten (10) da b re the hearing. Payment of all publication fees shall be r p sibility of the applicant. c. The Planning Depar mm t I s notices to adjacent property owners advising them of the a in o g subdivision application. Names and addresses of adjace y owners shall be provided to the Planning Department by th li subject to Planning Department approval. d. The Plannin Dep r me t hall give additional notice in accordance with RCW 58.17', e. All heap o c nclude a legal description of the proposed long subdivisi n th a vicinity location sketch or a location description in nola ua NOTE: Nothing in this providing additiona Tidt< property owner," as a ordinance. subsection shall prohibit the Planning Department from Xrn individuals not meeting the definition of an "adjacent is defined in Section 2, Subsection 2.50.1 of this 34 435974 Paso: 363 of 641 Jefferson County, WA POPE RESOURts:S RREESO41 9.2HO 00 sR 6-2Q7 Heallh, PublicYVorks, andmanning n R m n i n: 1. When the application is for a long subdivision consisting of five (5) to fourteen (14) lots, the County Health, Planning, and Public Works Departments shall submit written recommendations, findings, and all other relevant information regarding the preliminary long plat to the Board, in care of the Planning Department, for final long plat approval. When the Planning Department, in its sole discretion, has determined that a Hearing Examiner recommendation is necessary in order to ensure that the proposed longs bdivision is in conformance with the Jefferson County Comprehensive Plan, for applicable community development plan, the provisions of t e son County Development Code, No. 3-89, the provisions of .1 , and the requirements of this ordinance, the Planning Depa n shal ubmit said recommendations, findings and information to the rin E a r for public hearing. 2. When the application is for a long subdivision in of fifteen (15) or more lots, the recommendations of the Cou t e It , blic Works, and Planning Departments shall be submitted to t e ring xaminer at least seven (7) days prior to the public hear' 6208 Public Hearing: When the appficati n is for ng subdivision consisting of fifteen (15) or more lots, public hearings a e equir d prior to preliminary long plat approval, and pursuant to Subsection 6.20 o rdinance, shall be conducted by the Hearing Examiner. The Hearin Examine review the preliminary plat and recommendations of the County Heal h, ublic Works, and Planning Departments and other relevant government agencies, ' c ding, but not limited to: public utility districts, fire districts, school district n tr sit authorities. The Hearing Examiner shall present and review all other p r ' e i rmation in the Examiner's possession and shall provide an opport nity f r i erested persons to speak and submit exhibits. An accurate reco f 9 is hearing shall be kept by the Hearing Examiner which shall be availa le lic inspection. NJ.d-%JR Flutifirlu cx min r mp"Mpn a ion : Within ten (10) days following the hearing, the Hearing-,Exa'ner s all submit written findings, conclusions and recommendations tit B6r ther with all pertinent information available. 1. Upon rec plat, the where it or the A a. ",—Commendation and information on any preliminary long s next public meeting, shall set a date for the meeting or reject the recommendations of the Planning Department miner. tter was submitted directly to the Board from the Planning nt, the Board shall adopt its own findings and 35 thereafter approve or disapprove the preliminary long plat; the Board's approval of the preliminary long plat and supporting submissions shall furnish a firm basis upon which the applicant may proceed with development of the long subdivision and preparation of the final long plat in compliance with these regulations, and in accordance with any conditions of approval imposed by the Board; or b. If, after considering the matter at a public meeting, the Board deems a change in the Hearing Examiner's recommendation approving or disapproving any preliminary plat necessary, the c ge of the recommendation shall not be made until the Board con s its own public hearing and thereupon adopts its own findin ereafter approves or disapproves the preliminary long plat. Su u 1i hearing may be held before a committee constituting a ma-Jo-r-ity of a Board. If the hearing is before a committee, the com i e s all a ort its recommendation on the matter to the full Boar fo fin l ction. 2. The Clerk of the Board shall keep records of the ub1iic ti s and public hearings set and held by the Board which shall a ma va le for public inspection. 3. 1n any event, the Board shall take actio o a p imi ry long plat within ninety (90) days of the date of the filing f com ted application unless the applicant consents to an extension of t e tim eriod PROVIDED, if an environmental impact statement is requir d, he i ety (90) day period shall not include the time spent preparing and ci lati the environmental impact statement. 4. The Planning Department shall no ' e applicant of the Board's action by mail as soon as practicable after the a io The notification shall specify any conditions imposed, or in the ev t ' a proval, the reasons thereof. 5. The Board's approval of the pre i y ng plat and supporting submissions shall furnish a firm basi p h the applicant may proceed with development of the longs isi n d preparation of the final long plat in compliance with these regula 'on in accordance with any conditions of approval imposed by the,Boi�rd. .1i i "nstruction Ph 0n�lr eipt of preliminary long plat approval, the applicant may procee a ile engineering plans for construction of roads, bridges, utilities, drain g k nd other required improvements. After submission of plans to the dep nt an a encies having jurisdiction, and receipt from them of the necessary p r i d provais, the applicant may proceed with construction PROVIDED, arrange e s s II a made for inspection by the Department of Public Works, and by oche ments and agencies having jurisdiction. 6.212 Ex it i n- p oval of a preliminary long plat shall expire unless the final long plat is sub i ed ' roper form for final approval within thirty-six (36) months, unless an xten 'on ' ranted by the Board upon an 36 439974 Pass: See of 541 WfOraen COUMtY, WA POPE RESOLOMS RE Be fi:4OA affirmative recommendation of the Planning Department at least thirty (30) days prior to the date of expiration. Applicants may submit written extension requests to the Planning Department at least thirty (30) days prior to the date of expiration. The Board may grant extensions not to exceed twelve 0 2) months, upon a showing that the applicant has in good faith attempted to submit the final long plat within the initial twelve 0 2) month period. 6.2_3.3 Renewal Procedure: A long plat upon which preliminary ap roval has expired shall be resubmitted and processed as a new application. .214 Final Long Plat: 1. The final long plat and supporting data shall be pre are 'n ac o dance with Appendix D of this ordinance, and shall be s f it d to a Planning Department. When the Hearing Examiner has con c d blic hearing prior to preliminary long plat approval, the final long d pporting data shall be submitted to the Planning Department no t hi y (30) days prior to final review by the Board. 2. The Planning Department shall cause th flipa to I t to be circulated to the Department of Public Works and th th ment for their individual approval in accordance with the con ons f nal long plat approval and the requirements of this and other a I able a s andlor ordinances. The Planning Department shall provide a op of plat to the County Assessor who shall segregate the assessed valu ' n the property being platted and furnish same to the County T surer for segregation of taxes. 3. When the Hearing Examiner ha o ucted a public hearing prior to preliminary long plat approval, the Plannin a ent shall check the final long plat and supporting data for complian e h conditions for final long plat approval and shall prepare a written a dation for the advice of the Board. The Board shall not cons ij ap i the long plat until the recommendations of the Health DepartrlY , t partment of Public Works, the Planning Department, and other re va government agencies are in hand. 4. The Health Departm nt n Department of Public Works shall promptly notify the Planning par m nt of any obstacles or problems which prevent or delay appFdyal f h ong plat, and the Planning Department shall thereupon a ant. In all cases where a final long plat is not approved it 'x (60} days, for long plats consisting of five (5) to i fourteen to o ety (90) days for long plats consisting of fifteen 0 5) or more o nning Department shall either return the long plat to the applicant it a s ment of the reasons approval is denied, or shall secure a written h ization from the applicant permitting the long plat to be consid e r nger period. 5. After a pr v by the Health Department, the Department of Public Works, and t e la n ng Department, the taxes and delinquent 37 II�I�IY���I�Ow 435974 ,; ,: assessments for which the property is liable shall be paid to the County Treasurer. The long plat shall then be presented to the Board for final approval. After approval by the Board, the fee for filing the long plat for record shall be deposited with the Auditor and the final long plat simultaneously recorded, together with restrictions, covenants and similar documents. 1. Residential densities shall conform with the Jefferson Co o e ensive Plan andlor applicable community development plan, t f rso ounty Development Code, No. 3-89, and conform to the ize s an ds and requirements of the Health Department and the Washing n Department of Health as provided for on -site sewage disposals to VIDED, in the event of a discrepancy, the stricter standards sh Iy. 2. The design, shape, size, and orientation of lots sh Il .ap�ie p ropriate to the use for which the lots are intended and the ch ct r o he a a in which they are located. If any portion of a lot is less th n ne h red feet (100') in width, the average length of said lot shall not e c ed th times its average width. Lot areas in excess of minimum standa s ay b required for reasons of sanitation, steep slopes, slide hazards, po r in ge, flood hazards or other unique conditions or features wh' may w ant protection of the public interest. 3. Creativity in lot layout and configura ' n ' encouraged. fi.aQ2 BI k : 1. Block dimensions shall ref lL e ear for convenient access, public safety, the limitation and opportuniti o raphy, economics of land use and road maintenance, and the pr �s' n f uitable sites for the intended land use. 2. Block design shall no I pr a for vehicular circulation at one-fourth 0/4) mile intervals and pede n n 'r ulation at one -eighth (1 /8) mile intervals. 6.303 Easements: 1. Easements f r t r se of ingress and egress, andlor utility installation and maintenance, sh II b e ablished by recording a separate instrument, or by declaration o e en t dedication, and shall be graphically portrayed on the final long 2. When re conditions of final long plat approval, easements for utility installati n nd intenance shall conform to the standard width of seven feet (7') aOg r6n& t lines, five feet (5') along side 38 439974 Page: 207 of 541 8016412M 11:40A Jefferson ftmtY. WA POPE RESOURCES RESO ON.00 lot lines, and ten feet ow) along rear lot lines. 3. Where a long subdivision is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement of adequate width for maintenance and erosion control purposes. Drainage control easements shall conform substantially with the alignment of watercourses. This requirement shall not entail any responsibilities for watercourse maintenance on the part of the County and arrangements for maintenance may be required to the satisfaction of the Director of Public Works. 4. Buffer strips or protective easements may be required, an he minimum lot depth requirement may be increased, where a long subdivis is adjacent to: a railroad, an arterial road, commercial or industrial de nt, tidelands, shorelands, marshes or streamways, or other land use w i separation or screening is deemed advisable. (See Appendix H for relevant documents used b the�D p rtment of Public Works). Sz3Q4 SchoQls and ghoolgr nds: Application f r n s divisions shall be reviewed in order that provisions for schools d of r unds receive adequate consideration. Provision of school sites c str io of additional classroom space may be required as a condition of fi a long t approval. Tr n i h I Bu Appl a ' ns f r long subdivisions shall be reviewed to determine whether transit or sch bu tops are necessary to promote public access to safe and convenie"avei. 6.306 Sidewalks: Applications for Ion u ivisions shall be reviewed in order that provisions necessary to ensure safe a 'n ditions for pedestrians, and students who only walk to and from school r v equate consideration. Construction of sidewalks, or similar plannind`fea s be required for final long plat approval. 7 Qoen Spage Land: Ope p should be properly located and preserved as the County develops. In or er o 'ti ate the direct impacts of a development, the cost of providing open spac a am ties should be equitably proportioned on the basis of the additional n c e y the individual development. The following provisions shall ap 1. Minim u f o n pace land shall be provided as ten percent (10%) of the tota r o the long subdivision consistent with the Open Space Standar in pp ix G. Open space dedications shall be established by recording arate instrument, or by declaration of dedication graphically ports final long plat. All open space dedications shall be in perpe 1 7) 39 435974 Page: See of $41 ""Or'86M COWYtY. MA POK RgeOLee REBSe4liee. 11:4eA 2 eee.e0 a. Exceptions to this requirement may be granted by the Board if the long subdivision is: (a) adjacent to, or near, existing open space land sufficient to accommodate the increased public need, or (b) when previous dedications have been made that adequately serve the public need. b. Fees -in -lieu of dedication of land for open space land may be permitted by the Board PROVIDED: (a) the amount of the fee shall be equal to the average fair market value of the land in the long subdivision which the applicant would have been required to dedicate; and the use of fees shall only be for the purpose of acquisition or develop t of open space land in sufficient proximity to the long s i which contributes the fee to reasonably benefit the future rest of he long subdivision. All fees -in -lieu shall meet the re uire ents o RCW 82.02.020. C) 2. Open space land should be appropriately located a vi d with access when deemed advisable. 6.30$ State Environmental Policy Agt Review: lic tip f r long subdivisions of lands involving environmentally sensitive a or would exceed the categorical exemption levels specified by SEPA, all lnci threshold determination, and pursuant to SEPA, shall be subject to nevi on th b sis of the environmental checklist and other documents required to be s m' e . See SEPA, RCW 43.21 C; WAC 197-11; and the Jefferson County SEPA I e ling Ordinance, No. 7-84, for more detailed information). Lands designated as environmentally sensiti m be included within the boundaries of a long plat designated as communi , recreation area, or other similar open space, or may be included within �t.,, ' the lot contains sufficient land of suitable characteristics to meet Cuun nn ds for construction of a dwelling. f .309 Roads: Roads shall be and projected roads, anticipa drainage conditions, public col land served. `A Whenever a to g4 necessary re Ygnm accomplishe Director of P li W Roads shall b i functionsn"lofi6c, should d connectioI desi a w`i�h appropriate consideration for existing d raf ' olumes and patterns, topographic and enie�e and safety, and the proposed uses of the iis�on abuts an existing or proposed County road, i(pd\or widening of the right-of-way shall be )le County standards and to the satisfaction of the ut in accordance with a logical arrangement of their collectors or local access roads. Local access roads through traffic; collector roads should provide for access roads and arterials. Intersections with arterials least six hundred feet (600') apart. 40 435974 Pap: M of 041 Jefferson CeuntY. WA POPE RESOUten IMS0 �� 001:40A 3. All long subdivisions shall be served by a constructed and maintained public or private road, which shall provide access in at least two (2) places wherever practicable. 4. Long subdivisions shall incorporate standard sixty foot (60') wide rights -of - way where public roads are to be dedicated. Private road easements shall also be sixty feet (60') wide, and shall be established by recording of a separate instrument or by declaration of easement dedication, graphically portrayed on the final long plat. However, easement widt for private roads which: (a) do not exceed five hundred feet (500') in I gth and serve fourteen (14) or fewer lots; or (b) dead-end due to to rap i features such as shoreline or river, may be reduced by the Bo ursuant to recommendation by the Director of Public Works. ns a where the standard sixty foot (60') wide easement is not requi r visi n for parallel easements for utility installation and maintenance y b r qu1 d if deemed necessary by the Director of Public Works. All red e h easements shall be designed to include provisions for emergen a rnarounds. ✓ 5. All dead-end roads shall be designed to in vi 'o s for emergency vehicle turnarounds in accordance with scan a s e t blished by the Director of Public Works. 6. Where necessary to join with existi ads o provide for future area - wide circulation, roads may be requ r d to t nd to the outside boundaries of a long subdivision. 7. Roads may be required to be extende to oundaries of long subdivisions which abut public lands and p blic bode water PROVIDED, such access roads need not be provided a a interval more frequently than one-half (1 /2) mile. 8. Half -width roads shall be pr i less adjacent to existing half -width roads. 9. Permanent turnaround , pr f r ply uare, may be required at the end of dead-end roads whic e i rI d for continuation or future area -wide circulation. 10. Four-way local acces i ersections should be permitted only where required for conveni of ' irculation, and off -set intersections should be separated by at lea t one h ndred twenty-five feet (125') between center lines. Interse ti s re all digress at an angle as close as possible to ninety (90) r e distance of two hundred feet (200') from their junction. 11. Curved ri of- ay II provide for the smooth connection of straight -road I w f t from each other, as is necessary to provide for traffic safety an pr er ation of utilities. Reverse curves shall be separated by tangents o f i 'ent length to provide for traffic safety. 12. Road des, c es, and intersections shall provide adequate sight distances for tr f'c s f Y. 13. Engin e ' g ign of all roads shall conform with officially adopted Jefferson Count oad tandards. 41 14. Access to long subdivisions adjacent to arterial or collector roads should be restricted. All lots shall be served by an internal road system unless the lots front on a local access road. (See Appendix H for relevant documents used by the Department of Public Works). §,40 Reouired Imorovgments 6.4Q1 Rg@ds: All roads shall be constructed to County standards p p roval of the Director of Public Works. 1. Roads providing access to andlor within a long di 'sj n all be constructed according to Department of Public Works d ig dards, based upon projected use and traffic volume. Agree or he continued maintenance of all private roads shall be establis e n r er nced on the final long plat. Road Improvement Districts may b fo d f the purpose of constructing public roads within long su si s. 2. All improvements to be located under r ys, i ing: culverts, storm drains, sanitary sewers, water lines, and r ice led , shall be installed before ballast is laid. The road bed shall be b o ght t n approved grade, road ditches shall be graded and backsloped, an in t' ns shall be arranged with the Department of Public Works at specifie s. (See Subsection 6.50, infra, for inspection procedure). required road construction must be approved by the Director of Public o s prior to approval of the final long plat. 3. Legal access from the nearest pu N ro the entire tract being divided shall be secured and graphicallyport a n e final long plat. 4. Road approach permits fase 'v e r� s that access onto a County road or State highway shall be r i to final long plat approval. When adjacent to a County road a ighway, the approach shall be graphically portrayed on the final io a (See Appendix H el va d cuments used by the Department of Public Works). 6.402 Off -Site Tr he Director of Public Works may require that the applicant hire an e6gi ri to prepare a traffic impact study to determine the potential off -site tr f is 'mp is on existing roads posed by the proposed long subdivision. Based upon th f ndin and information in the traffic impact study, and any other relevant data a i , he applicant may be assessed a traffic impact fee to offset the costs I e incurred by the County in upgrading any off -site road(s) affected a long subdivision. All impact fees shall conform with the req ' e nt of 82.02, and RCW 43.21 C. 42 II�IIN�II�WA �E�IW9a s'�_'� Impact fees shall be proportionally based, and accurately reflect the additional burden upon existing off -site roads caused by the development. NOTE: Traffic impact fees shall be levied through an impact fee ordinance adopted pursuant to RCW 82.02.020. 6.403 Bridges: The design and construction of any bridge in a long subdivision shall be in accordance with County standards and shall be approv by the Director of Public Works prior to approval of the final long plat. All bridg signs shall be certified by a licensed civil engineer. (See Appendix H for relevant documents used by the Depa t =effson is Works). 6.404 Signs: Road signs shall be installed in accorda c wit County standards. Road names shall be approved by t d, pursuant to recommendation by the Director of Public Works. Traffic signs and safety devices shall be provided ins a led by the applicant in accordance with the Manual on Uniform Trafficon I ices. (See Appendix H for relevant documents usel by th`p Department of Public Works). 0.4Q5 Dr in : Drainage facilities adequat o pre nt erosion, flooding or hazard to the use of the roads, lots, property, or fa- ' fties within the long plat, or to adjacent private or public property a be installed according to a drainage plan approved by the Director of Public Wor in ccordance with County standards. The plan shall show full details, includi e c tions, lengths, and sizes of culverts, and the method and location of r �f to disposal. (See Appendix H for relevan't'"-sum�r�,i�sed by the Department of Public Works). 1. For long sub io s vh ro any one (1) lot is less than two (2) acres, an adequate v er pply shall be provided to each lot within the subdivision r upply may be accomplished through connection to a public or nit ter supply system, through individual wells, or any other alt rn th d consistent with State law. Individual wells shall meet minimu of ers ounty Health Department and Coordinated Water System Plan Stan d A ditionally, individual wells shall be served by easements which o umber adjacent properties without the prior written consent of th c t and owner(s). Easements shall be established by recording of a e ara a instrument or by declaration of easement dedication, and shall be r h' I portrayed on the final long plat. 43 2. A potable water supply need not be provided to the lots of a long subdivision where the smallest lot created is greater than two (2) acres, when the lots meet minimum standards of the Health Department for individual wells. When constructed, however, individual wells shall be served by well easements which may not encumber adjacent properties without the prior written consent of the adjacent land owner(s). Well easements shall be established by recording of a separate instrument or by declaration of easement dedication, and shall be graphically portrayed on the final long plat. a. In any instance where a potable water supply is not pro 'd d to a lot within a long subdivision, the applicant shall specifi I ' n ify each such lot by including the following notice on the final la WARNING TO PURCHASERS THE LOTS, PARCELS, OR TRACTS CONTAI T THIS LONG SUBDIVISION HAVE NQT BE V WITH A POTABLE WATER SUPPLY. B I DI PERMIT WILL BE ISSUED BY J R UNTY WITHOUT FIRST SATISFYING T OTA ATER REQUIREMENTS ESTABLISHED B TH"EFFERSON COUNTY HEALTH DEPARTMENT. ( � b. Any instrument of sale conveying an . est in any lot not provided with a potable water supp all clearly state that a water supply is not provided. 3. Where the lots of a long subd' i io d of meet the Health Department standards for individual wells, all be provided through public or community water supply . 0 unity water systems and alternative water systems must comp w II plicable State statutes, and the rules and regulations of the Was n tate Department of Health, as well as the Jefferson County Healt p t nt and Coordinated Water System Plan provisions regarding qu n ity, ality, source, source protection, distribution and storage method n t' s, and treatment and testing procedures. 6,407 Swag2 Dis s lation of sewage disposal systems within long subdivisions shall in o ance with regulations and standards of the Washington State D p rt e of Health, the Washington State Department of Ecology, and the Co nt ea Department, and shall be approved only after a site -- inspection by the Chun alth Department. 1. Appli s"-fQ_r_�o�ng subdivisions where the smallest lot is less than two (2) acre 1 rovide adequate fire protection measures in 44 435974 Pass: 803 of 641 O0l0412000 11:40A Jefferson County, WA POPS MODURMS K60 an.N accordance with the Uniform Fire Code and local fire district recommendations consistent with State law. 2. Applications for long subdivisions where the smallest lot is greater than two (2) acres shall be reviewed by a representative of the local fire district in which the proposed long subdivision would occur. The representative shall recommend what fire protection measures, if any, are necessary for the long subdivision, and shall forward appropriate recommendations to the Planning Department. 6.409 Electric and Telephone Service: Arrangements s ade by the applicant to install underground utility lines for electricity an on service. .41Surveys,: C) 1. The survey and preparation of every long plat s m e by, or under the supervision of, a licensed land surveyor r 's r y the State of Washington. 2. All surveys shall conform to stand r t nd principles for land surveying (See WAC 323-130, as a e d). 3. The Department of Public Works s all b urnished all documents and calculations necessary to determine th accu a y of surveys. 4. The surveyor shall provide the Healt ent and Planning Department data indicating the area of each lot wi oral long plat. 5. Permanent control and road o ments directly related to the long plat shall be constructed of materials as a efferson County standards. 6. Road monuments shall be set ' s h manner that future road development or utility installation will no d' t b accuracy of their position. 7. Every lot corner shall be m r i an iron pipe or rebar having surveyor's cap and license numb S. Surveys shall include a e 'o tie hich shall be graphically portrayed on the final long plat. 9. A survey is not nece s '1 fter preliminary long plat approval. However, approximate 1� or rs s a I be marked prior to preliminary long plat review. /> 6.50 InSQQQji ns Required impro em ts's.Mll be inspected to the satisfaction of the Department of Public Works, P n 'n epartment, or Health Department, whichever is responsible. Inspections all uested by the applicant at such stages as may be indicated by the appr ria epartment. The fees for all inspections, plan checking, testing, sampling, a of r work incidental to approval of the required improvements shall be char the pplicant and paid as a condition of departmental approval of the long 45 iar����6874� subdivision or release of the surety. The Department of Public Works may arrange for utility inspection to be conducted by properly qualified consultants and may charge the applicant for the costs of the inspection. No bridge, drainage facility, or community water or sewer system shall be accepted unless the design and construction thereof shall have been certified by a civil engineer licensed by the State of Washington in accordance with all applicable State and local requirements. Procedures for accepting surety by Jefferson the same as Section 5, Subsection 5.60 of thl 46 be SECTION 7 LARGE LOT SUBDIVISIONS Subsections: 7.10 Applicability 7.20 Administration 7.30 Design 7.40 Required Improvements 7.50 Surety C) 7. 10 Agolicab-iritya This section pertains to the division of land i to tw ( ) or more lots, tracts, parcels or sites, where the smallest lot, tract, parc , site s ive (5) gross acres or greater (including a pro rata share of common o en a and roads, and excluding tidelands). 1. The administrative pro dure (re ' w of large lot subdivisions consisting of four (4) or fewer lots, %u'rer ire s or sites shall be the same procedure as described in Section 5, 5.20 of this ordinance. 2. The administrative p d review of large lot subdivisions consisting of five (5) or mor lot , rac s, parcels or sites shall be the same procedure as described in n section 6.20 of this ordinance. 2.301 Lots: 1. Resid Plan Deve nt ns�ities shall conform with the Jefferson County Comprehensive or a plicable community development plan, the Jefferson County Code, No. 3-89, and conform to the lot size standards and s of the Health Department and the Washington State Department as provided for on -site sewage disposal systems, PROVIDED, in the i discrepancy, the stricter standards shall apply. 47 435974 J�ff�r�on "aft : 8i0 of $41 Coup t Y � WA POPS ILI 1E im1 : 40A 2. The design, shape, size, and orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. If any portion of a lot is less than one hundred feet (1001 in width, the average length of said lot shall not exceed three times its average width. Lot areas in excess of minimum standards may be required for reason of sanitation, steep slopes, slide hazards, poor drainage, flood hazards or other unique conditions or features which may warrant protection of the public interest. 3. Creativity in lot layout and configuration is encouraged. 7,302 Easements: "- 1. Easements for the purpose of ingress and egress, andlor t' ' i tall ti n and maintenance, shall be established by recording a sep t in r me , or by declaration of easement dedication, and shall be graphs II rayed on the final plat. 2. When required by conditions of final plat appr v , a e s for utility installation and maintenance shall conform to the s a dar idth of seven feet (7') along front lot lines, five feet (5') alo si e I t i e , and ten feet (10') along rear lot lines. 3. Where a large lot subdivision is traversed b a wa r ourse, drainage channel, or stream, provision shall be made for a d ai ge e s ment of adequate width for maintenance and erosion control purp es. inage control easements shall conform substantially with the align of watercourses. This requirement shall not entail any r sibilities for watercourse maintenance on the part of the County and arrang is for maintenance may be required to the satisfaction of the Director lic orks. 4. Buffer strips or protective ease e s e required, and the minimum lot depth requirement may be ' cre s , h e a large lot subdivision is adjacent to: a railroad, an art er d mercial or industrial development, tidelands, shorelands, marsh s mways, or other land use from which separation or screening Isd" visable. (See Appendix H frel nt cuments used by the Department of Public Works). 7.303 Schools r n Applications for large lot subdivisions consisting of five 0 1 s shall be reviewed in order that provisions for schools and school ou ds c 've adequate consideration. Provision of school sites or construction of a io I c ssroom space may be required as a condition of final large lot subdivisi v . 7.304 Tr i I : Applications for large lot subdivisions shall be reviewed to dete m ether transit or school bus stops are necessary to promote public acre t nd convenient travel. 48 1111�1NNIII�uM:3„6"9�4::Jefferson County, WA POPE MIESOLMM RK80 see. " 7,305 —Sidewalks: Applications for large lot subdivisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks, or similar planning features may be required for final plat approval. n Land: Open space land should be properly located and preserved as the County develops. In order to mitigate theJ�it impacts of a development, the cost of providing open space amenities I be equitably proportioned on the basis of the additional need create a individual development. The following provisions shall apply: 1. Applicants for large lot subdivisions where any one 1 i les an twenty (20) acres, shall set aside a minimum of ten perc t 0°/) f the total gross area of the large lot subdivision for open space la ns ent with the Open Space Standards in Appendix G. Open space a 'ca 'o s II be established by recording a separate instrument, or by decl r do f de 'cation graphically portrayed on the final plat. All open spa de i ti shall be in perpetuity. a. Exceptions to this requirem n may a granted if the large lot subdivision is: (a) adjacent t or n a , existing open space land sufficient to accommodate th re s d public need, or (b) when previous dedications have been de at adequately serve the public need. b. Fees -in -lieu of dedicatio nd for open space may be permitted by the Board PROVIDED: (a) a ount of the fee shall be equal to the average fair market v ue land in the subdivision which the applicant would have e e 'red to dedicate; and (b) the use of fees shall only be fo he 0 of acquisition or development of open space land in sufifi t i rox ity to the subdivision which contributes the fee to reasonab b e it the future residents of the subdivision. All fees -in -lieu sha m et requirements of RCW 82.02.020. 2. Open space sh d e o riately located and provided with access when deemed advi 3. No open d dic is required for subdivisions into lots of twenty (20) acres or r of lands in categorical and pursuai checklist WAC 1 -1 for mo ode m al r it A Review: Applications for large lot subdivision e i nmentally sensitive areas, or which would exceed the tyo levels specified by SEPA shall include threshold determination, Er , shall be subject to review on the basis of the environmental r ocuments required to be submitted. (See SEPA, RCW 43.21 C; the Jefferson County SEPA Implementing Ordinance, No. 7-84, information). 49 75.9of 70 .1.Jefferson County, WA POPE RKSOURCIM RESO sm. N Lands designated as environmentally sensitive may be included within the boundaries of a large lot plat referenced as community property, recreation area, or other similar open space, or may be included within a lot, if the lot contains sufficient land of suitable characteristics to meet County standards for construction of a dwelling. 7.308 Significant Natural Fg. res: Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical 4once habitat may be included within the boundaries of a large lot plat, wever, improvements required for subdivision development shall proceed with administrative rules and procedures prescribed pursuant to Sectiosection 2.40 of this ordinance. Mitigative measures imposed under �of this subsection shall not preclude all reasonable use of the land. ( NOTE: This subsection shall apply only to proposals that are`eee vif categorically exempt from SEPA and do not contain lands desig vironmentally sensitive. 7.309 Roads: 1. Roads shall be designed with approp is a co i eration for existing and projected roads, anticipated traffic uses, v ume nd patterns, topographic and drainage conditions, public convenie e d safety, and the proposed uses of the land served. 2. All large lot subdivisions shall b s ved by a constructed and maintained public or private road. Internal road y stems shall access to a public road in at least two (2) locations, wh er ra ticable. 3. Private roads shall be designed cc ce with the standards prescribed in Appendix F of this ordi nc . 4. Public roads shall be des! 'n a c ance with officially adopted Jefferson County roadway design sta a established by the Director of Public Works. 5. Large lot subdivisions s n p rate standard sixty foot (60') wide rights - of -way where pub ' ro d are t be dedicated. Private road easements shall also be sixty fe wi e and shall be established by recording of a separate instru r y eclaration of easement dedication, graphically portrayed on t e f' a I . However, easement width for private roads which: (a) x ed ve hundred feet (500') in length and serve four (4) or fewer lot • r (b) a -end due to topographic features such as shoreline or river, may uc d by the Board pursuant to recommendation by the Director of li rks. In instances where the standard sixty foot (60') wide eas ai t required, provisions for parallel easements for utility installati n aintenance may be required if deemed necessary by the Director f Works. All reduced width easements shall be designed to includero s for emergency vehicle turnarounds. 50 435974 Pa": 362 of 641 111111111111111111111111111111111111111111111111111 00/04/2000 1i:4OA Jefferson County, WA POPE RESOURCU RE1<O sm .00 6. All dead-end roads shall be designed to include provisions for emergency vehicle turnarounds in accordance with standards established by the Director of Public Works. 7. Where necessary to join with existing roads, or to provide for future area - wide circulation, roads may be required to extend to the outside boundaries of large lot subdivisions. 8. Permanent turnarounds, preferably square, may be required at the end of dead-end roads which are intended for continuation or future area -wide circulation. 9. Access to large lot subdivisions adjacent to arterial or colle t roads should be restricted. All lots shall be served by an internal r a t unless the lots front on a local access road. (See Appendix H for relevant documents used b Miert nt of Public Works). 7.401 Roads: All roads shall be constructE'd�to�Conty-sfandards upon approval of the Director of Public Works. f 1. Roads providing access to andlor lot subdivision shall be constructed according to Dep meat o c Works design standards, based upon projected use and t f volume. Agreements for the continued maintenance of all private roa s 11 be established and referenced on the final large lot subdivision plat o I rovement Districts may be formed for the purpose of constructin Ib r tls within large lot subdivisions. 2. All improvements to a to t n er roadways, including: culverts, storm drains, sanitary sewe a e lihe , and service leads, shall be installed before ballast is laid. The ro II be brought to an approved grade, road ditches shall be grad a sloped, and inspections shall be arranged with the Department of r is s at specified stages. (See Subsection 7.50, infra, for ins cti n ro a ure). All required road construction must be approved b re o of Public Works prior to large lot subdivision approval. 3. Legal ac s fr m h nearest public road to the entire tract being divided shall be s nd raphically portrayed on the large lot. subdivision plat. 4. Road a r ch r its for private roads that access onto a County road or State hi a sha be secured prior to final plat approval. When adjacent to a Cou o State highway, the approach shall be graphically portrayed on t e lot subdivision Dlat. (See 0 x H for relevant documents used by the Department of Public 51 435974 Pole: 370 of "I Jefferson County, WA PM RESOLMM MW sm. N 7.402 Off-Site„Traffic Imoagts: The Director of Public Works may require that the applicant hire an engineering firm to prepare a traffic impact study to determine the potential off -site traffic impacts on existing roads posed by the proposed large lot subdivision. Based upon the findings and information in the traffic impact study, and any other relevant data available, the applicant may be assessed a traffic impac fee to offset the costs incurred by the County in upgrading any off -site road{sI cted by the large lot subdivision. All impact fees shall conform with the require a is of RCW 82.02, and RCW 43.21 C. Impact fees shall be proportionally be ccurately reflect the additional burden upon existing off -site roads caused by eve oment. NOTE: Traffic impact fees shall be levied through an impact;�"td'r�i anc,"dopted pursuant to RCW 82.02.020. 7,403 Bridges: The design and construction of any bri e ' la e t subdivision shall be in accordance with County standards and shall ap r ve y the Director of Public Works prior to approval of the large low sub iv' All bridge designs shall be certified by a licensed civil engineer. '7 (See Appendix H for relevant documents used ��(the D�p�rtment of Public Works). 7.404 i n : Road signs shall be installed in ord ce with Jefferson County standards. Road names shall be roved by the Board, pursuant to recommendation by the Director of Pub i rks. Traffic signs and safety devices shall v e and installed by the applicant in accordance with the Manual on Unifo r ontrol Devices. (See Appendix H for relevant do �m� u y the Department of Public Works). 7.405 Drainaae: ��� 1. Drainage facilities adeq a et event erosion, flooding or hazard to the use of roads, lots, pro ty, r aci it' s within or adjacent to large lot subdivisions where any one les than twenty (20) acres, shall be installed according to a Ian approved by the Director of Public Works in accordance Co nt t dards. The plan shall show full details, including the location s, n sizes of culverts, and the method and location of run-off wate di os 2. Drainage con p ns are not required for large lot subdivisions where the smallest to a er han twenty (20) acres. However, the Director of Public Works, in r of discretion, may require applicants to implement drainage improve a is t nsure compliance with County standards. 52 435974 Pass: 371 of 441 U l"12M 11 : 40A Jefferson Oaunty, WA POPE REEOURM REEO 6e1.00 (See Appendix H for relevant documents used by the Department of Public Works). 7,406 r 1 : A potable water supply need not be provided to the lots of a large lot subdivision where the smallest lot is less than twenty (20) acres, when the lots meet minimum standards of the Health Department for individual wells. When constructed, however, individual wells shall be served by well easements which may not encumber adjacent properties without the prior 'tten consent of the adjacent land owner(s). Well easements shall be established recording of a separate instrument or by declaration of easement dedic ' nd shall be graphically portrayed on the final large lot plat. 1. In any instance where a potable water supply is no i d lot within a large lot subdivision, the applicant shall specifics ent eac such lot by including the following notice on the final plat: WARNING TO PURCHA S THE LOTS, PARCELS, OR TRVSTHE D WITHIN THIS LARGE LOT SUBDIV N BEEN PROVIDED WITH A POTABSUPPLY. NO BUILDING PERMIT WILL BEY JEFFERSON COUNTY WITHOUT FIRST SPOTABLE WATER REQUIREME S D BY THE JEFFERSON COUNTY i��H DEPARTMENT. 2. Any Instrument of sale conv i a i terest in any lot not provided with a potable water supply shall I t that a water supply is not provided. 2.407 _5ewaae DisooAal: 0 1. Installation of sewage i o I stems within large lot subdivisions where the smallest lot is less t an a ty (20) acres, shall be in compliance with regulations an tan a s f the Washington State Department of Health, the Washington a rtm t of Ecology, and the County Health Department, and shall b a o d only after a site inspection by the County Health Departme . 2. Large lot s 'si s here the smallest lot is greater than 'twenty (20) acres are not s bje t t h requirements of 7.407.1 of this ordinance PROVIDED, that each hi n the subdivision contains the following notice on the final plat: WARNING TO PURCHASERS =-LOTS, PARCELS, OR TRACTS CONTAINED WITHIN S SUBDIVISION HAVE NQT BEEN APPROVED FOR THE TALLATION OF AN ON -SITE SEWAGE DISPOSAL 53 : W°�' -a IT IS UNKNOWN WHETHER THE LOTS, PARCELS, OR TRACTS CONTAINED HEREIN CAN OR WILL CONSTITUTE A BUILDING SITE. NO BUILDING PERMIT WILL BE ISSUED BY JEFFERSON COUNTY WITHOUT FIRST SATISFYING THE SEWAGE DISPOSAL REQUIREMENTS ESTABLISHED BY THE JEFFERSON COUNTY HEALTH DEPARTMENT. 7.408 Fire Prq i n: 1. Applications for large lot subdivisions where the smallest lot is less than twenty (20) acres, shall be reviewed by a representative ocal fire district in which the proposed large lot subdivision wou cu . The representative shall recommend what fire protection asu s, i a y, are necessary for the large lot subdivision, and shall f� rv�i a,r a opriate recommendations to the Planning Department. �J 2. Applicants for large lot subdivisions where the smaliest, cr ted is greater than twenty (20) acres are encouraged to con I c fire district representatives regarding the development of fire ote ti n asures. 7.409 Eleclric andT Ighgne Slervigg: Applica t r lar subdivisions are not required to provide electric and telephone facil' i s. 7.410 Surveys: 2. 3. 4. 5. 6. 7. 8. 9. 10. The survey and preparation of ev under the supervision of a licens Washington. All surveys shall conform to surveying. (See WAC 323-13 The Department of Pub 'c W calculations necessary to e The surveyor shall provide th data indicating the area c Permanent control and r ad subdivision shall c n t standards. lot subdivision shall be made by or surveyor registered by the State of :an rd-,P�tactices and principles for land ded). #taccuracy be furnished all documents and of surveys. ith Department and Planning Department t within a large lot subdivision. numents directly related to the large lot I of materials as per Jefferson County Road monumen s e et in such a manner that future road development or utility inst n ill disturb the accuracy of their position. Every lot co n marked with an iron pipe or rebar having surveyor's cap and licen a mbtr Surveys shall ' u a final plat. All large o p s shall of anoth r lat. All lar I at shall the n uditor. section tie and shall be graphically portrayed on the be given a name. The name shall not be a duplicate be filed as a matter of public record with the office of 54 435974 .14 tfIr�on Co�x►ty. WA POPE nE�DIIRC�s Rego 4ls� � 5A0Pi Required improvements shall be inspected to the satisfaction of the Department of Public Works, Planning Department, or Health Department, whichever is responsible. Inspections shall be requested by the applicant at stages as may be indicated by the appropriate department. The fees for all inspections, plan checking, testing, sampling, and other work incidental to approval of the required improvements shall be charged to the applicant and paid as a condition of department pproval of the large lot subdivision or release of the surety. The Department of b 'c Works may arrange for utility inspection to be conducted by properly qua I' ' ultants and may charge the applicant for the costs of the inspection. br , drainage facility, or community water or sewer system shall be acc a ur he design and construction thereof shall have been certified by a civi ga lic ed by the State of Washington in accordance with all applicable St e d I al requirements. 7_$Urely Procedures for accepting surety by Jefferso�ty r I e lot subdivisions shall be the same as Section 5, Subsection 5.60 o this finance. 55 74 Jefferson��:�u59 r�W SECTION 8 MOBILE HOME PARK DIVISIONS Subsections: 8.10 Applicability 8.20 Administration 8.30 Design 8.40 Required Improvements 8.50 Inspections 8.60 Surety 8.1 This section constitutes a "binding site plan pr ess" f r obile home park divisions as permitted by RCW 58.17.035, where the t trac s or parcels created are for the purpose of rent or lease. 1. The administrative procedure consisting of four (4) or f"er shall be the same procedW a this ordinance. 2. The administrative pro r consisting of five (5) r shall be the sam ro e ure a this ordinance. Resident Plan anc Developi reqe�rr of Niealtf of r iei of mobile home park s, ra ts, or sites for the purpose r bed in Section 5, Subsection o`rr� review of mobile home park tracts, or sites for the purpose described in Section 6, Subsection 8.30 Design divisions of lease 5.20 of divisions of lease 6.20 of n 'tied shall conform with the Jefferson County Comprehensive ap I cable community development plan, the Jefferson County t de, No. 3-89, and conform to the lot size standards and the Health Department and the Washington State Department provided for on -site sewage disposal systems, PROVIDED, in the iscrepancy, the stricter standards shall apply. 56 435974 Pass: 370 of 541 00104120M 11:40A Jefferson County. WA POPE REDO MS RESO 590.00 2. The design, shape, size or orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. Lots areas in excess of minimum standards may be required for reason of sanitation, steep slopes, slide hazards, poor drainage, flood hazard, or other unique conditions or features which may warrant protection of the public interest. 3. Creativity in lot layout and configuration is encouraged. 8.192 Blocks: 1. Block dimensions shall reflect due regard for convenien es blic safety, the limitations and opportunities of topography, ec o s o la d use and road maintenance, and the provision of suitable si r he in ended land use. 2. Block design shall normally provide for vehicular circ ati f one-fourth (1/4) mile intervals and pedestrian circulation on o -eig h 1 mile intervals. 8.303 _Easements: a 1. Basements for the purpose of ingres a d egr , andlor utility installation and maintenance, shall be established b ecordi g a separate instrument, or by declaration of easement dedication, hal b graphically portrayed on the binding site plan. 2. When required by conditions summary or final approval, easements for utility installation and mainte n shall conform to the standard width of seven feet (7') along front lot fin a feet (5') along side lot lines, and ten feet (10') along rear lot line 3. Where a mobile home park v 0'o traversed by a watercourse, drainage channel, or stream, p-rgvis' h be made for a drainage easement of adequate width for =sal a c nd erosion control purposes. Drainage control easements c m substantially with the alignment of watercourses. Thi re ui nt shall not entail any responsibilities for watercourse mainte nce o he part of the County and arrangements for maintenance rrfay it d to the satisfaction of the Director of Public Works. 4. Buffer strip r to ive easements may be required, and the minimum lot depth re m t y be increased, where a mobile home park division is adjacent t it d, an arterial road, commercial or industrial development, tidelands, sh rela , marshes or streamways, or other land use from which separatio s eening is deemed advisable. (See d for relevant documents used by the Department of Public Work ) �7 with Ina 5clloolground1: All mobile home park divisions shall comply nd schoolground provisions of Section 7, Subsection 7.303 of this 57 8.305 Tr n i h I B : Applications for mobile home park divisions shall be reviewed to determine whether transit or school bus stops are necessary to promote the public access to safe and convenient travel, 8.306 Sidewalks: Applications for mobile home park divisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks, or similar planning features may be required for final binding site plan approval. $_.307 Screening and Buffering: 1. Screening and buffering areas shall be established with i m u idth of twenty-five feet (25') along all exterior property lines. 2. Screening and buffering areas shall not contain an c str ted facilities, erected or placed, with the exception of utility lin s, en g, or security posts. 3. Screening and buffering areas shall be left i til atu state, or, if necessary, supplemented by plants. 8.308 Open Space Land: All mobile home k div' ns shall comply with the open space requirements of Section 5, Subse ti n 5.3 5 of this ordinance. 8.309 State Environmental Policy Act Review: mo ' e home park divisions shall comply with the environmental review isions of ection 6, Subsection 6.307 of this ordinance. 8.310 SignificantN-aturgl Fe r e s s, geological hazard areas, marsh or wetland areas, areas subject to f o i aving bad drainage, streamways, tidelands, aquifer recharge are -, an a ontaining critical wildlife and habitat may be included within the a 'e f a short plat, or a lot, however, improvements required for subdivisi v opment shall proceed in compliance with administrative rules and proce re pr c ibed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Miti tive easures imposed under the authority of this subsection shall not prq�dWde I e nable use of the land. � n NOTE: This subsecti n a ly only to proposals that are otherwise categorically exempt from SE n do t contain lands designated as environmentally sensitive. 11 Roads: Ro s II be designed with appropriate consideration for existing and projected a icipated traffic patterns, topographic and drainage conditions, pu H n enience and safety, and the proposed uses of the land served. 1. Wh v a mobile home park division abuts an existing or proposed County r n s ary realignment andlor widening of the right -of 58 2. 3. 4. 5. 6. 7. 8. 9. 10. 435974 Page: 377 of 541 Jefferson County, WA POIOURCES RESO U/64GSM 001:40R PE IK -way shall be accomplished to applicable County standards and to the satisfaction of the Director of Public Works. Roads shall be laid out in accordance with a logical arrangement of their functions as arterials, collectors, or local access roads. Local access roads should discourage through traffic. Collector roads should provide for connection of local access roads and arterials. Intersection with arterials should be spaced at least six hundred feet (600') apart. All mobile home park divisions shall be served by a nstructed and maintained public or private road which shall provide access 'n least two (2) places wherever practicable. Mobile home park divisions shall incorporate standard t o (60') wide rights -of -way where public roads are to be dedicated. t d asements shall also be sixty feet (60') wide, and shall be esta Iy r c rding of a separate instrument or by declaration of easem ded do , graphically portrayed on the binding site plan. However, ea m idth for private roads which: (a) dead-end due to topographic f u s u as a shoreline or river; or (b) do not exceed five hundred feet { .n en may be reduced by the Board pursuant to recommendation b e it ctor of Public Works. In instances where the standard si of ide easement is not required, provisions for parallel ment or utility installation and maintenance may be required if dee d nec ss ry by the Director of Public Works. All reduced width easement s II b signed to include provisions for emergency vehicle turnarounds. All dead-end roads shall be igned to include provisions for emergency vehicle turnarounds in accorda a ith standards established by the Director of Public Works. Where necessary to join wit s ' g oads or to provide for future area - wide circulation, roads may q ' e to extend to the outside boundaries of a mobile home part visa' . Roads may be require, e t ed to the boundaries of mobile home park divisions which abut pub ' and public water PROVIDED, such access roads need not be pr i d interval more frequently than one-half (1/2) mile. Half -width roads, sh I be p ohibited unless adjacent to existing half -width roads. Permanent u u s, preferably square, may be required at the end of dead-end ds wh' h are intended for continuation or future area -wide circulati n. Four-wa Io I a s road intersections should be permitted only when required f o enient traffic circulation, and offset intersections should be separa ast one hundred twenty-five feet (125') between center lines. I s ting streets shall digress at an angle as close as possible to nine t 0} d green for a distance of one hundred feet (100') from their lun tiN- rve is -of -way shall provide for the smooth connection necessary to r v e r traffic safety, and proper location of utilities. Reverse curves shall ep ted by tangents of sufficient length to provide for traffic safety. 59 435974 Jefferson County, WA POPE. IlEEOl1RCE6 0 l6s 11--W 12. Road grades, curves and intersection shall provide adequate sight distances for traffic safety. 13. Engineering design of all roads shall conform with Jefferson County road standards. 14. Access to mobile home park divisions adjacent to arterial or collector roads should be restricted. All lots shall be served by an internal road system unless the lots front on a local access road. (See Appendix H for relevant documents incorporated by refer within this ordinance). .4 R it I v m _�L_401 Roads: Roads in mobile home park divisions shall ith Section 5, Subsection 5.401 of this ordinance. 8.402 Off -Site Traffig Imparts: Mobile home par ivis o s s all proceed in compliance with the off -site traffic impacts �ovis�ion ction 5, Subsection 5.402 of this ordinance. 4 Bridges: The design and construction o any division shall be in accordance with County eta da Director of Public Works prior to approv I of the designs shall be certified by a licensed i . engineer. (See Appendix H for relevant documents _ s b the 8.404 Signs: Road signs shall be standards. Road names s1P1 recommendation by the Director Traffic signs and safety devi accordance with the Ma,7ual Un (See Appendix H for pe(by nt o B.405 Drainage: to the use of th r division, or to adj n drainage plan app=ln standards. Th p sizes of culver s an t iOge in a mobile home park Ltd shall be approved by the inding site plan. All bridge Department of Public Works). accordance with Jefferson County oved by the Board, pursuant to orks. be'provided and installed by the applicant in m Traffic Control Devices. ents used by the Department of Public Works). acr`Iitses adequate to prevent erosion, flooding or hazard t property, or facilities within the mobile home park riv a or public property shall be installed according to a b the Director of Public Works in accordance with County show full details, including the locations, lengths, and e method and location of run-off water disposal. 435974 Pale: 872 of 541 In Jefferson CeuntY , WAPOPE "a"U n ISHII R�ESO416� 0®1 ; A0A (See Appendix H for relevant documents used by the Department of Public Works). 8.406 Water Suooly: Mobile home park divisions shall be provided with a water supply in compliance with Section 5, Subsection 5.406 of this ordinance. 8.407 Sewage Disposal/Sanitation: Installation of sewage disposal systems within mobile home park divisions shall be in compliance with regulations and standards of the Washington State Department of Health, the Washington Stat Department of Ecology, and the County Health Department, and shall be approve o ly after a site inspection by the County Health Department. 8.408 Fire Protection: Fire protection measures for mobile h a iv ions shall comply with Section 5, Subsection 5.408 of this ordinanc .C) 8.409 Electric and Telephone Service: 1. Complete installation of electric and telephon er : c is uired in mobile home park divisions. 2. No new mobile home park division all be ervi d byoverhead utility facilities. 8.410 Surveys: 1. The survey and preparation of ery mobi a ome park binding site plan shall be made by or under the super i of a licensed land surveyor registered by the State of Washington. 2. All surveys shall conform t n r practices and principles for land surveying (See WAC 323-1 0, a ded). 3. The Department of P lic k hall be furnished all documents and calculations necessary to the accuracy of surveys. 4. The surveyor shall provi th alth Department and Planning Department data indicating the ar a f e WIot within a mobile home park division. 5. Permanent control a ro onuments directly related to the mobile home park division 11 e o ructed of materials as per Jefferson County standards. 6. Road monu e a be set in such a manner that future road development or utility ' t la n 1 not disturb the accuracy of their position. 7. Every lot c h I be marked with an iron pipe or rebar having surveyor's cap and li en n er. 8. Surveys s in ude a section tie and shall be graphically portrayed on the mobile om p binding site plan. 9. A sur a is o necessary until after summary or preliminary mobile home park bindi ate I n approval. However, approximate lot corners shall be marked priof t sum ary or preliminary binding site plan review. 61 435974 Pep: SOO of 541 Jefferson County, MA POPE REiOLM M REOO M. OO1:4OR 8.50 Inspections The inspection procedure for mobile home park divisions shall be the same as Section 6, Subsection 6.50 of this ordinance. Procedures for accepting surety by Jefferson County for mobile ho ark divisions shall be the same as Section 5, Subsection 5.60 of this ordinance. 0 0 62 Subsections: SECTION 9 RECREATIONAL VEHICLE PARK DIVISIONS 9.10 Applicability 9.20 Administration 9.30 Design 9.40 Required Improvements 9.50 Inspections 9.60 Surety C) 9.10 A 1' toce This section constitutes a "binding site pla " for recreational vehicle park divisions as permitted by RCW 58.17.035, elots, tracts or parcels created are for the purpose of rent or lease. /--, The administrative procedure r r i recreational vehicle park divisions shall be the same procedure as de i tion 6, Subsection 6.20 of this ordinance for long subdivisions consistin o en (15) or more lots PROVIDED, that all hearings shall be conducted h P nning Commission. O9.3Q Design 1 n r I: 1. All recrea 'on ve 'c park divisions shall conform with the Jefferson County Comprehe 've Ian andlor applicable community development plan, the Jefferso ty Development Code, No. 3-89, RCW 58.17, and the requir f his ordinance, PROVIDED, in the event of a discrepancy betwe the s andards established herein and those contained in any other applic I a , control, or ordinance, the stricter standards shall apply. 2. A i r ents required by this ordinance, including but not limited to 'ges, drains, culverts, storm -water and sanitary sewer systems, fire systems, wells and water systems, parks, 63 I 4. 5. 2. telephone and electrical systems, and related structures or devices, shall be designed in accordance with the standards currently in effect at the time of preliminary site plan approval. Upon submittal for reapproval, preliminary site plans shall proceed in compliance with the regulations and standards applicable at the time of reapproval. Every recreational vehicle site shall contain at least five hundred square feet (500') of space. Recreational vehicle sites shall be designed in such a minimum of ten feet (10') between vehicles. 1 C_ manner* to provide a For the purposes of this ordinance the maximum densit i r at vehicle park divisions shall be eight (S) recreational vehicle to pe oss acre. Recreational vehicle sites shall be occupied on a te! a sis only by no more than one (1) recreational vehicle and appurt anc o awning, etc.} at any period of time. 9.303 r nin and Buff rin : 1. Screening and buffering areas shall be a tablish d with a minimum width of twenty-five feet (25') along all exterior r ert li es. 2. Screening and buffering areas shall not on ai any constructed facilities, erected or placed, with the E,�'r"and u i ity lines, fencing, or security posts. 3. Screening and buffering arealeft in their natural state, or, if necessary, supplemented by p 4 mm Facilities, R c in 1. Common facilities such ass vi ' dings, sanitary sewage disposal facilities including septic tanks ra' fi Ids, recreation space, open space, roads, paths, permanent buil s, acilities for other general purposes shall be designed to the I el o II s of the recreational vehicle development. 2. Paths or trails on acilities shall not interfere with or cross a recreational v h' 'te, an shall consider pedestrian safety at those points where trails at s i er ect roads. 3. At least tw t e rc nt (25%) of the total land area within a recreational vehicle par i sio s II be dedicated, in perpetuity, for open space. The amount of ace shall not include roads, but may include land devoted to comm i i i s or land left undeveloped or preserved. At least one-half (1 /2) of " space must be suitable for active recreational pursuits. 64 ►: All recreational vehicle park review provisions of Section 6, 2.306 Signifigant Nalural Features: Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and habitat may be included within the boundaries of a short plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. NOTE: This subsection shall apply only to proposals that are other i categorically exempt from SEPA and do not contain lands designated n ironmentally sensitive. 2.307 Access and Circulation: Access and circulatio a �gned with appropriate consideration for existing and projected oa s, a ticipated traffic patterns, topographic and drainage conditions, public con ie and safety, and the proposed uses of the land served. 1. Recreational vehicle park divisions shall have n acc s ro connecting to an existing public road, designed in acco c it efferson County road standards. 2. Recreational vehicle parks shall be s r ed b it least one (1) major access road to and from the development, a d shall tain provisions for one (1) or more emergency exit(s). 3. Roads within the confines of the recreat al v icle park division shall provide for access to each recreationa hicle site, and ease of movement within the development. 4. Recreational vehicle park division h I incorporate standard sixty foot (60') wide rights -of -way where p li o are to be dedicated. Private road easements shall also be si t I wide, and shall be established by recording of a separatist et by declaration of easement dedication, graphically portrayed o bi dm site plan. However, easement width for private roads may be reducpe y the Board pursuant to recommendation by the Director of Public o ks nstances where the standard sixty foot (60') wide easement is n t req i ed, provisions for parallel easements for utility installation an¢'Mai to may be required if deemed necessary by the Director of Pi o II reduced width easements shall be designed to include pro is r mergency vehicle turnarounds. 5. All dead- ro s I be designed to include provisions for emergency vehicle t r d ' accordance with standards established by the Director of Public o s. 6. All roads s c form to the standards of the Department of Public Works. 7. Roads al igned with appropriate lighting and marked to insure traffic safety. 8. Secur t fe s or other means may be employed to insure use of private ro ap opriate parties. 65 �rson �d�����1�� 435974., (See Appendix H for relevant documents used by the Department of Public Works). 9,40 RegMired Iml2rovements 4.401 Roads: Roads in recreational vehicle park divisions shall comply with Section 5, Subsection 5.401 of this ordinance. 9.402 Off -Site Traffic Im : Recreational vehicle park divisions s a proceed in compliance with the off -site traffic impacts provisions in Sec 'on ubsection 5.402 of this ordinance. 9.403 Bridges: The design and construction of any bridg a o ile �d`me park division shall be in accordance with County standards and al a proved by the Director of Public Works prior to approval of the final bi' 'te Ian. All bridge designs shall be certified by a licensed civil engineer. (See Appendix H for relevant documents used b p`a� nt of Public Works). 9.404 Signs: Road signs shall be installed n accor a ce with Jefferson County standards. Road names shall be appr v d by he Board, pursuant to recommendation by the Director of Public Wor s. Traffic signs and safety devices shall accordance with the Manual on Unifo (See Appendix H for relevant docu 2.405 Drainage: Drainage fac' it �d' q to the use of the recreationaY a 'c recreational vehicle park division,-( to installed according to a drain la accordance with County sta d rds. he locations, lengths, and s o v rts, water disposal. (See Appendix H f6�rple%iapt`d�uments 7. Applican or &ee adequat q ,a tity ded and installed by the applicant in c Control Devices. the Department of Public Works). V1V to prevent erosion, flooding or hazard s' es, property, or facilities within the jacent private or public property shall be roved by the Director of Public Works in plan shall show full details, including the and the method and location of run-off used by the Department of Public Works). ional vehicle park divisions shall provide a water system, and quality, in accordance with the 435974 Jefferson County, WA PopE RtSOURM INSO age. so rules and regulations of the Washington State Department of Health and the County Health Department as regards source, source protection, facilities for withdrawal, treatment, storage, transmission and distribution. 2. Water shall be available at a maximum of two hundred feet (200') from every recreational vehicle site. Adequate disposal for faucet overflow shall be provided at each facility. .4 7 Sewage Disposaln rv' Buildings: Installation of wage disposal systems and service buildings within recreational vehicle park di 'ins shall be in compliance with regulations and standards of the Washingto t t Department Health, the Washington State Department of Ecology, an e o my Health Department, and shall be approved only after a site ins pectign-by.the ty Health Department. �r �� 1. Each recreational vehicle park division shall be provi anitary dumping station(s). Sanitary dumping stations shall o"quired if sewer connections are provided to all recreational ve i e it 2. Service buildings containing the necessary toila an ther plumbing fixtures shall be provided in recreational vehicle ar di 'si s Service buildings shall be located at a maximum of four hun r fee-+t ') from each recreational vehicle site. 9.408 5glidWaste: Adequate provisions fo thkst age, collection, and disposal of solid waste shall be provided with the recre onal vehicle park division. 9.409 Fire Protection: q 3. 4. A water supply adequate Fire Code and local fire is required for all recreVil An approved fire fighting or equipment shall be divisions when require Resources, the S. e Board. v p tektion in accordance with the Uniform mendations consistent with State law, park divisions. ��-l dlor other permanent fire fighting devices thin the confines of recreational vehicle park the Washington State Department of Natural ce, the appropriate local fire district, or the Fire pits sh I o tructed of concrete, rock, brick, cement blocks, or similar ma I,!�h nd h I be equipped with spark arresting devices. Fire break I b provided around the periphery of the development. Additiona"Ire rt ils may be required as a result of administrative review. by overhead development o new recreational vehicle park division shall be serviced nd all electrical utilities associated or incidental to the ional vehicle facilities shall be 67 435974 ft": 386 of 541 Jeff@roan ComtY, MA POPE RESOURCES RE8O4/See. 5O1:4OA designed, installed and maintained in conformance with the rules, regulations, and standards of the Washington State Department of Labor and Industries. Surveys:9.411 1. The survey and preparation of every recreational vehicle park binding site plan shall be made by or under the supervision of a licensed land surveyor registered by the State of Washington. 2. All surveys shall conform to standard practices and pri i es for land surveying (See WAC 323-130, as amended). 3. The Department of Public Works shall be furnished I ents and calculations necessary to determine the accuracy of su s. 4. The surveyor shall provide the Health Department an n 'ng a artment data indicating the area within the recreational vehic ark i isi 5. Permanent control and road monuments directly re e e recreational vehicle park division shall be constructed of mated r fferson County standards. 6. Road monuments shall be set in such a manner h t fu u e road development or utility installation will not disturb the ac o r position. 7. The outside boundaries of recreational v h' park sions shall be surveyed and marked at the corners with an l ipe o r bar having surveyor's cap and license number. Iro 8. Surveys shall include a section tie which h raphically portrayed on the recreational vehicle binding site p an. 9. A survey is not necessary unt' er summary or preliminary recreational vehicle park binding site plan a r al. However, approximate outside boundaries shall be marked priory m ary or preliminary binding site plan review. ono in The inspection procedure for r at' vehicle park divisions shall be the same as Section 6, Subsection �0 f his r finance. Procedures for a+ divisions shall be >9.60 5urety e same by Jefferson County for recreational vehicle park ection 5, Subsection 5.60 of this ordinance. M- Subsections: 435974 Pap; 507 of 541 Jefferson County, WA POPE RESOURCES 00104/2000 11:40A RESO M .00 SECTION 10 COMMERCIALIINDUSTRIAL PARK DIVISIONS 10.10 Applicability 10.20 Administration 10.30 Design 10.40 Required Improvements 10.50 Inspections 10.60 Surety q r) 1Q.10 A li ii n This section constitutes a "binding site pla rotes " or commerciallindustrial park divisions, as permitted by RCW 58.17.035, re rdi s of the number or size of the lots, tracts, parcels or sites created. f i r a n The administrative procedure for r t1W a y commerciallindustrial park shall be the same procedure as descrjbed ' 6, Subsection 6.20 of this ordinance pertaining to subdivisions 'tififteen (15) or more lots. A Hearing xaminer public hearing andandation is required prior to Board of Commissioners approval of Comm c1 \industrial park divisions. n k 1. All corn rci a i dustrial parks shall conform with the Jefferson County Cornprehe 've la , andlor applicable community development plan, the provisio f h Jefferson County Development Code, No. 3-89, the provisi f C 58.17 including the adoption of required findings, and the requir ent f this ordinance, PROVIDED, in the event of a discrepancy betwe n standards established herein and those contained in any a f b n, control, or ordinance, the stricter standards shall apply. 2.p ' ant shall demonstrate that the street, lot, and block C. 435974 Pale: 380 of $41 Jefferson Country WA POPE REiOURCU 0010412000 11;40R PESO on. 00 pattern proposed is specifically adapted to the use(s) anticipated and takes into account other uses in the vicinity. 10.302 Lots: Lots shall be designed with appropriate consideration for the intended use and the character of the area in which they are located. If any portion of a lot is less than one hundred feet (100') in width, the average length of said lot shall not exceed three times its average width. 1Q.303 Transihool OUS SW122: Applications for commercialinustrial park divisions shall be reviewed to determine whether transit or sch I stops are necessary to promote the public access to safe and convenient ve . 10.a04 idgwalks: Applications for commerciallindustrial a di 'sion hall be reviewed in order that provisions necessary to ensure safe Ikin on . ions for pedestrians, and students who only walk to and from sc o , ive adequate consideration. Construction of sidewalks, or similar tunes may be required for final binding site plan approval. 1 Screening n Buffering: 1. Screening and buffering areas shall be s ablish d with a minimum width of twenty-five feet (25') along all exterior r erty i s. 2. Screening and buffering areas shall not o in ny constructed facilities, erected or placed, with the exc:sh"t1left on of lines, fencing, or security posts. 3. Screening and buffering areas in their natural state, or, if necessary, supplemented by pla 1Q.306 Ooen Suace Land: AI} co r"M dustriai park divisions shall comply with the open space requireme e # , Subsection 5.305 of this ordinance. 10.307 State Environmigntal- A R vi w: All commerciallindustrial park divisions shall comply with a it mental review provisions of Section 6, Subsection 6.307 of this ordi ce. or wetland areas, a tidelands, aquifer11 may be included r improvements requla administrative rule 2.40 of this or subsection shaH 6ot i4a Fte Steep slopes, geological hazard areas, marsh b is o flooding or having bad drainage, streamways, e re , and areas containing critical wildlife and habitat n h boundaries of a short plat, or a lot, however, su division development shall proceed in compliance with r edures prescribed pursuant to Section 2.00, Subsection itigative measures imposed under the authority of this ;lude all reasonable use of the land. 70 435974 Paso: M of 541 0s/0412000 11:40R Jafis��on CountV, MR POPE RE50l1RCE5 RE50 500.00 NOTE: This subsection shall apply only to proposals that are otherwise categorically exempt from SEPA and do not contain lands designated as environmentally sensitive. 10,309 Roach: Roads shall be designed with appropriate consideration for existing and future roads, anticipated traffic patterns and volumes, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served. A 1. Street rights -of -way and pavement shall be adequate a modate the type and volume of traffic anticipated to be generated re o . 2. Streets carrying non-residential traffic shall not be ex d t e boundaries of adjacent existing or potential residential areas. (See Appendix H for relevant documents used by a rtment of Public Works). Required improvements for commerciallind sty Section 6, Subsection 6.40 of this ordinance. The inspection procedure for corn as Section 5, Subsection 5.50 of 0z�' Procedures for accepting s r ty J e a S divisions shall be themon park divisions shall be the same as atrial park divisions shall be the same ce. Person County for commerciaRindustrial park 6, Subsection 6.60 of this ordinance. 71 I�II��. 3�, rson y, WA POPE REIOLRM SECTION 11 CONDOMINIUM DIVISIONS Subsections: 11.10 Applicability 11.20 Administration 11.30 Design 11.40 Required Improvements 11.50 Inspections 11.60 Surety This section constitutes a "binding site plan r cess" or tracts, as permitted by RCW 58.17. an improvements to be constructed thereon wi be i condominiums or owned by an associa ' n or other ! of units therein, or their owner's asso ti s, have a beneficial interest. fo divisions of land into lots 8.17.040(7), when the uded in one (1) or more al entity in which the owners membership or other legal or 1. The administrative procedu 'ew of condominium divisions containing four (4) or fewer dwelli ni s all be the same procedure as described in Section 5, Subsection this ordinance. 2. The administrativ ro a ure f r review of condominium divisions containing five (5) or mor o tra t shall be the same procedure as described in Section 6, Su of this ordinance. NOTE: All cond ' is�n final binding site plans shall contain thereon the following statem t: "A velopment of the land described herein shall be in accordance with t in 'ng ite plan, as it may be amended. Upon completion, the improvements o lad hall be included in one (1) or more condominiums owned by an associate o e legal entity in which the owners of units therein, or their owners' assoc a ions ave a membership or other legal or beneficial interest." 72 435974 Jefferson County, WA POPE KBOUMB Page: 3E1 of 541 REBO f 6N 001 :4ea 1-1.30 -Delim 01 neral: 1. All condominium divisions shall conform with the Jefferson County Comprehensive Plan, andlor applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17 including the adoption of required ' dings, and the requirements of this ordinance, PROVIDED, in the event f discrepancy between the standards established herein and thos o t ined in any applicable plan, control, or ordinance, the stricter stand s al apply. 2. The applicant shall demonstrate that the lots or trac ee a erns, and configuration of dwelling units proposed are specifi d to the uses anticipated, and take into account other uses in t vini y .11.302. Schools „jnd SchoQgrounds: All condomini di ' j s the school and schoolground provisions of Section 7�; S> b ec . hall comply with n 7.303 of this ordinance. 11.303 Transil\Schooi Bus Stoos: Applica0e. ndominium divisions shall be reviewed to determine whether transit or scps are necessary to promote the public access to safe and convenient tr 11.304 i w I : Applications fo%ondominium divisions shall be reviewed in order that provisions necessary to ewalking conditions for pedestrians, and students who only walk to andol, receive adequate consideration. Construction of sidewalks, or similfeatures may be required for final binding site plan approval. /� 0 11 .305 5creening andff riiri : 1. Screening and buffer' ea all be established with a minimum width of twenty-five feet (25' on 11 exterior property lines. 2. Screening and ffe 'n a s shall not contain any constructed facilities, erected or pl i t exception of utility lines, fencing, or security posts, 3. Screening b ffe ' areas shall be left in their natural state, or, if necessar m ted by plants. n Si Lod: All condominium divisions shall comply with the open space require n o ction 5, Subsection 5.305 of this ordinance, PROVIDED that the miniZ m r a for open space shall be twenty-five percent (25%) of the total gross o he condominium division consistent with the Open Space Standards n x G of this ordinance. _vironmentai roiicv Act Review: All condominium divisions shall environmental review provisions of Section 6, Subsection 6.307 of 73 IA�II�A�II�IINII�I'°�"� 11 .308 SignificantNatural FeatUre : Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and habitat may be included within the boundaries of a short plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. NOTE: This subsection shall apply only to proposals that are of exempt from SEPA and do not contain lands designated sensitive. 11.309 Roads: 1. Condominium divisions consisting of four (4) or comply with the road design requirements descri 5.307 of this ordinance. 2. Condominium divisions consisting of fie o comply with the road design requireme t descr' d 6.308 of this ordinance. rically �ntally g units shall Subsection a'dwelling units shall Section 6, Subsection Woks Appendix H for relevant documents sed the Department of Public 11.4 1 Roads: Roads in cqh'oamW sions shall comply with Section 5, Subsection 5.461 of this ordinal°i e. 11.402 ff- i Tr ffi I Condominium divisions shall proceed in compliance with the off -site t affimpacts provisions of Section 5, Subsection 5.402 of this ordinances grnc 11.4 ri nd construction of any bridge in a condominium division shall be ith County standards and shall be approved by the Director of Publicto approval of the final binding site plan. Ali bridge designs shall be clicensed civil engineer. (See Appendix or l'dv*nt documents used by the Department of Public Works) 11,404 i n oa igns shall be installed in accordance with Jefferson County standards. a ames shall be approved by the Board, pursuant to recomme d do y the Director of Public Works. 74 435974 P+N : 003 of 541 JOfferson C"tY, WR POPE RE00URCE$ 00l0417000 11:40R RE80 6l0." Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manua! on Uniform Traffic Control Devices. (See Appendix H for relevant documents used by the Department of Public Works). 11 4 Drainage: Drainage facilities adequate to prevent erosion, flooding or hazard to the use of the roads, property, or facilities within the condominium division, or to adjacent private or public property shall be installed according to a drainage plan approved by the Director of Public Works in actor ce with County standards. The plan shall show full details, including the locate n , lengths, and sizes of culverts, and the method and location of run-off water -his oat. (See Appendix H for relevant documents used by the De 11 .40L.Water I : Each dwelling site within a provided with a water supply in accordance with all rules and regulations of the Washington State Depar County Health Department, and the Coordinated regarding quantity, quality, source, source ote methods and facilities, and treatment and t tin pr lic Works). ca do ini division shall be a b tate statutes, the en a th, the Jefferson ate yst Plan provisions A n, distribution and storage 11.407 w Di l: Installatiori f seaile disposal systems within condominium divisions shall be in complian a 'th a ulations and standards of the Washington State Department of Health, t ington State Department of Ecology, and the County Health Dep ent, an shall be approved only after a site inspection by the County Health Delpt nt. "-.4Q8 Fire Protection- Applic nt f ondominium divisions shall provide adequate fire protection in accor a the Uniform Fire Code and local fire district recommendations cop#ste t tate law. 1. Complete installati n of ectric and telephone service is required in condominium oiyjsio s. 2. No new con ivi 'on shall be serviced by overhead utility facilities. 11 41 Survevs. 1. The sury a d p ration of every condominium division binding site plan shall be a or under the supervision of a licensed land surveyor registe t tate of Washington. 2. All s r y hall conform to standard practices and principles for land surve i ( WAC 323-130, as amended). 3. Th a ent of Public Works shall be furnished all documents and c II uu ions necessary to determine the accuracy of surveys. 75 II��wINi. WA Pope �435974 � 4. The surveyor shall provide the Health Department and Planning Department data indicating the area within the condominium division. 5. Permanent control and road monuments directly related to the condominium division shall be constructed of materials as.per Jefferson County standards. 6. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their posit' n. 7. The outside boundaries of condominium divisions shall be eyed and marked at the corners with an iron pipe or rebar having surve s cap and license number. 8. Surveys shall include a section tie which shall be graphic a on the condominium division binding site plan. 9. A survey is not necessary until after summary or pr ina o minium division binding site plan approval. However, approA t ide boundary corners shall be marked prior to summary or pre ' a ding site plan review. 11.5Q Ins The inspection procedure for condominium7diviis sha I e the same as Section 6, Subsection 6.50 of this ordinance. Procedures for accepting surety by Jeff r c be the same as Section 5, Subs�tio 0 76 fty for condominium divisions shall is ordinance. 435974 Page: Sol of 541 0g10412000 11:40A Jefferson County, WA POPE RESOURCES RESO M- 00 SECTION 12 VARIANCES Subsections: 12.10 Application 12.20 Notice of Hearing 12.30 Findings (: � % 12.40 Conditions 12.50 Administrative Variances 12.10 liDe Variances from the foregoing regulati n permitted under certain circumstances PROVIDED, a variance requ s tted in writing, together with the original long, short, or large Ision, mobile home park, commerciaRindustrial park, recreational vehk, or condominium division application. . � 1. The Hearing Examinei other than administra The decision of appealed to th Ordinance, N 2. Notice of ,pp b 'c 58.17.0;S A I public hearing on all variance requests, Bari examiner shall be final and conclusive unless as Provided in the Jefferson County Hearing Examiner shall comply with the notice requirements of RCW v 12.30 Findings va7t+ ranted only if it meets all of the following conditions: ance does not constitute a grant of special privilege inconsistent e limitations upon other, similarly situated property in the y; and Because of special circumstances applicable to the property, including size, shape, drainage, topography, location and 77 �IF191A �� � �.35."'.ORSO see.w4d. Jefferman surroundings, the strict application of this regulation would deprive the subject property of rights and privileges enjoyed by other property in the vicinity; and 3. Granting the variance will not be materially detrimental to the public health, safety, welfare, use or interest, or injurious to property or improvements in the vicinity; and 4. The variance is justified to cure a special circumstance a d of simply for the economic convenience of the applicant; and /� 5. The granting of the variance will not materially c m r ise h goals and policies of the Jefferson County Co eh s ve an, be inconsistent with officially adopted County Ian us re lations or the spirit or intent of this ordinance. 1 n ii In granting approval for variances, the Hearing mine ay require conditions that will, in the Examiner's judgement, secure u stanti II the objectives of the standards or requirements so varied. Variances from the administrative granted by the Board, upon recomr Board is assured the variance isi and the public health, safety an" In granting administrative varianc( which in their judgement will requirements so varied. n pro e e rtions of this ordinance may be ethe Planning Department, when the Bethe general intent of this ordinance, %IV�hoard N not be adversely affected thereby. may require their own conditions, antially the administrative procedures or 78 435974 Paso: 397 of $41 J*ffmrsan County, WA POPE MOLOCEE RE804Jon.as 40R SECTION 13 VACATIONS Subsections: 13.10 Applicability 13.20 Application 13.30 Public Hearing Process 13.40 Dedications 13.50 Vesting of Title The following subsections pertain to the portrayed on a final plat map, or binding lot(s), blocks, tracts or any public dedicati pla 58.17.212; PROVIDED that for the pur ses applications involving the removal o ny element, graphically portrayed on a final plat r riding site fewer lots, shall be processed administr i using in Section 5, Subsection 5.20 of this �r�i n e. o any element graphically i eluding, but not limited to: t an roads, pursuant to RCW f this ordinance: vacation other than oublic dedigations, plan consisting of four (4) or the same procedure described NOTE: For the purposes of is te0q4hf he words "plat" or "subdivision" shall include developments accom#ihd the binding site plan process. 1 3.201 Generally: plat shall apply to 1. Submit a signature) subdivisii 2. If the st simulta would r shall is i g to vacate either the entirety or a portion of a tkebartment as follows: pli tio�tting forth the reasons for vacation, and containing ies with an ownership interest in that portion of the � je t vacation. fis' n is subject to restrictive covenants, which were filed y i the final subdivision approval, and the vacation applied for In the violation of the covenant or covenants, the application n agreement signed by all parties subject to the covenants e parties agree to alter or terminate the relevant covenant or order to accomplish the purpose of the subdivision vacation. 79 435974 Jefferson County. WA POPE REBOLR= RIM 5".20 Upon receipt, the Planning Department shall affix a notice to the application containing the following statement: APPLICATION RECEIVED _ (DATE). NO DETERMINATION OF A SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN MADE. Those applications which upon initial inspection appear to be insufficiently prepared to provide a basis for adequate review shall be returned by the Planni Department. A written statement citing the information requirements upon which hohacceptance is based shall be supplied by the Planning Department when so used by the applicant. The acceptability of an application shall be certified by th a i g 1:4�artment within fourteen (14) days of filing. When the Planning Dep rt ant h s determined that the application contains sufficient information to provide a uate basis for review, a notice containing the following statemen sha ixed to the application: 1 0 AS OF DATE THE APPLI ATI N F UND TO BE SUBSTANTIALLY COMPLETE. Affixation of this notice shall provide pres tive idence of a completed application, and the time period for review and rov shall commence. When a plat proposed to be vacated a 'acent to or within one (1) mile of a municipal boundary, or currently uses a or town utilities, before review commences by the Planning Departm r e Hearing Examiner, notice of the application shall be given by the Plan De rt ant to the legislative body of that city or town. Proposed plat vac ns I e 1 jacent to the right-of-way of a State highway shall be presented to ist is dministrator of the Washington State Department of Transportation for re. 'e recommendation regarding such matters as deemed appropriate. The PI ng a artment shall forward copies of proposed plat vacations to appropriate fie d' is s, school districts, public utility districts, transit authorities, and /apy ter a evant government agencies when deemed necessary. 13.202 F : Plat ati n a li ations shall be accompanied by fees as set by the Board, payable to h er n ounty Planning Department. NOTE: Fees will not be processed by t P nni epartment until the vacation application is deemed complete. 13,203 Ti I p receipt 'IV of a proper and complete vacation application, and upon payment f fee , the Planning Department shall advise the applicant of the time and place f ublic hearing at which the application is scheduled to be considered aring Examiner. In a e nt, fina action shall be taken on a vacation application within ninety (90) da o th a of the filing of a completed application unless the applicant conse a extension of the time period. A 435974 Ufferson County, WA POPE RIESOURCES REM ego. " 13.30 Eublic HearingProcess 301 Notice Qf Hearing: Notice of public hearing shall be given as follows: 1. All hearing notices shall include: (a) the name of the applicant; (b) the date the application was filed; (c) the description of the property involved and either a vicinity location sketch or a location description in nlegal language; and (d) a statement of the specific purpose of the hearin 2. The Planning Department shall provide the applicant ith a least five (5) copies of a notice of the public hearing, and one (1) c t affidavit of posting. The applicant shall post notices and shall m . in in place for at least ten (10) days prior to the public hearing, n in Judi the day of posting or the day of hearing. The notices shal pl d i conspicuous locations on or near the property and shall be rem I a he applicant after the hearing. The notices shall be mounted on v 'b boards not smaller than two feet (2') by three feet (3'). All not i a of a oards shall meet Planning Department requirements. The Elf,a it o osting shall be signed, notarized, and returned to the Planni ep t at least one (1) week before the hearing. 3. The Planning Department shall arran for a I st one (1) publication of the notice to appear in a newspaper of a eral it ulation within the County at least ten (10) days before the hearin nt of all application fees shall be the responsibility of the ap icant. 4. The Planning Department sh nd a notice of the hearing by mail to all adjacent property owners in the a roposed for vacation in accordance with the current records of the Je o C my Assessor. 5. The Planning Departments I iv itional notice in accordance with RCW 58.17. 0Wo �� NOTE: Nothing in this subs ti I prohibit the Planning Department from providing additional notice 'd Is not meeting the definition of an adjacent property owner, as that t r is a ned in Section 2, Subsection 2.50.1 of this ordinance. 0 132Q2--Hyaltb, PI nin D r m n Recommendations: At least seven (7) days i r th p lic hearing the County Health Department, Planning Department, Di p r n f blic Works, and County Assessor's Office shall submit their written r o e a ' ns and findings to the Hearing Examiner in care of the Planning Depart n it all pertinent information available. 14."50J P in : All hearings shall be conducted by the and shall a op n to the public. The Hearing Examiner recommend ti the County Health Department, Planning Department,,o lic Works, and other relevant agencies, and review th pertinent information in the 81 Hearing Examiner, shall review the Department, and shall present and 439974 Page: 440 e1 541 1110111111111 0010412M 11:40A Jefferson County. HA POPE RESOURM RESO 590.00 Examiner's possession and shall provide an opportunity for all interested persons to speak and submit exhibits. An accurate record of the hearing shall be kept by the Hearing Examiner and shall be available for public inspection. 13.304 Hearing Examiner i i : Within ten 110) days of the public hearing, and after determining the public use and interest to be served by the vacation, the Hearing Examiner shall render a written record of decision approving or disapproving the vacation application. 1. The decision of the Hearing Examiner shall be final and I s e unless appealed to the Board as provided in the Jefferson County ing aminer Ordinance, No. 1-0318-91. 2. The Hearing Examiner's approval of the vacation appli a io s all stitute final approval; the fee for filing the vacated plat or p io th r of for record shall be paid by the applicant and deposited with the o ty uditor and the vacation simultaneously recorded, together with ric 'o venants and similar documents. Any portion of land within the subdivision 46kqteo the public for use or enjoyment, if not previously deeded to the Count he a subdivision was platted, shall be deeded to the County at the ti"'e vacation is granted unless the Hearing Examiner finds that the public use woul of' -De served by retaining title to the land. Title to any portion of land withi the rightful owners as shown on C If the vacated land within the other than a road or str e , < to the land is no longe �h or persons owning p o `y Examiner. ion which is vacated shall vest with fs as follows: ✓psi n was dedicated to the public for public use, aring Examiner has found that retaining title terest, title thereto shall vest with the person ch side thereof, as determined by the Hearing 82 SECTION 14 ALTERATIONS Subsections: 14.10 Applicability 14.20 Application 14.30 Public Hearing Process 14.40 Board of County Commissioners Action C) 14.10 Apl2lipatili The following subsections pertain to the re o . ura ' any element graphically portrayed on a final plat map or binding s' a pla including, but not limited to: lot(s), blocks, tracts or any public dedica io othe han roads, pursuant to RCW 58.17.215; PROVIDED that for the p p this ordinance: alteration applications involving the reconfiguration element, other than 12uDlic -dedications, graphically portrayed final plat or binding site plan consisting of four (4) or fewer lots, shall be proses dministratively using the same procedure delineated in Section 5, Subsection 2 o his ordinance. NOTE: For the purposes of this a n, he words "plat" or "subdivision" shall include developments accon€p ash t r h the binding site plan process. 1 4.201 !Q nerally: � s s'Au €ng to alter either the entirety or a portion of a subdivision shall a,�iy t�o t ping Department as follows: 1. Submit a signatur of the su 2. If the su simult#41 for woqld shall t6ni n,'i on�equesting the subdivision alteration, which contains the ose persons having an ownership interest in that portion bject to alteration. is subject to restrictive covenants, which were filed h the final subdivision approval, and the alteration applied s It in the violation of the covenant or covenants, the application an agreement signed by all parties subject to the covenants he parties agree to alter or terminate the relevant covenant or n order to accomplish the purpose of the subdivision alteration. 83 439974 Paso: 402 of 541 a.ff.rson oil! III RES004f699.90 :40fi Upon receipt, the Planning Department shall affix a notice to the application containing the following statement: APPLICATION RECEIVED =_DATE) �. NO DETERMINATION OF A SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN MADE. Those applications which upon initial inspection appear to be insufficie tly prepared to provide a basis for adequate review shall be returned by the Plannin partment. A written statement citing the information requirements upon whit no a ceptance is based shall be supplied by the Planning Department when so equ a by the applicant. The acceptability of an application shall be certified by th �64 De'p-artment within fourteen (14) days of filing. When the Planning Depa determined that the application contains sufficient information to pr71' ate basis for review, a notice containing the following statemenxed to the application: AS OF DATE THE APPLI ND TOBE SUBSTANTIALLY COMPLETE. Affixation of this notice shall provide presu �RPth e - idence of a completed application, and the time period for revie and app shall commence. When a plat proposed to be altered is a 'a nt to or within one (1) mile of a municipal boundary, or currently uses 'ty r town utilities, before review commences by the Planning Departm or h Hearing Examiner, notice of the application shall be given by the Nnn'n a ent to the legislative body of that city or town. Proposed plat al r s I d adjacent to the right-of-way of a State highway shall be presented t rict Administrator of the Washington State Department of Transporta ' f re Lew and recommendation regarding such matters as deemed appropriat . e I Zing Department shall forward copies of proposed plat alterations a p pri t fire districts, school districts, public utility districts, transit author' a y other relevant government agencies when deemed necessary. \ 14.202 Fees: Pla t r ti a�Ocations shall be accompanied by fees as set by the Board, payable o f on County Planning Department. NOTE: Fees will not be processed th PI ping Department until the alteration deemed complete. 14-202 Tim I p n receipt of a proper and complet and upon paym n es, the Planning Department shall application�fl� s of property within the subdivision. 84 application is e alteration application, provide notice of the The notice shall either: 435974 AffSPIUM OWUMV, MA POPE MMVJMS REDO See. IN 1. Establish a date for a public hearing, if the Planning Department determines that a Hearing Examiner recommendation is necessary in order to ensure that the proposed plat alteration is in conformance with the Jefferson County Comprehensive Plan, andlor applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17, and the requirements of this ordinance; or 2. Provide that a hearing may be requested by a person receiving notice, within fourteen (14) days of receiving said notice. /\ In any event, final action shall be taken action on a plat alterati ation within ninety (90) days of the date of the original application filing est t e applicant consents to an extension of the time period. 1 C) Public Hearing Pr 14,301 Notice gf ! r n I' Not! a of a su vision alteration application shall be given as follows: 1. The Planning Department shall send o ices II owners of property within the subdivision advising them of t e pendi g plat alteration application. Names and addresses of owners of o rt 'thin the subdivision shall be provided to the Planning Department th pplicant, subject to Planning Department approval. 2. All alteration application notice h I include: (a) the name of the applicant; (b) the date the application was Re • (c) the description of the property involved and either a vicinit to ti sketch or a location description in nonlegal language; and (d) at ent of the specific purpose of the application; (e) a state#ont al ' dicating that, if no public hearing date has been set, that any '0 r n ec ving notice may request a public hearing within fourteen 0 4) da r eipt of notice. 3. The Planning Depart e s I provide the applicant with at least five (5) copies of a notice o t e division alteration application and one (1) copy of the affidavi f p s ' If a public hearing is requested by one of the parties recei c applicant shall post notices and shall maintain them in pia e t ast ten (10) days prior to the public hearing, not including ay f p ng or the day of hearing. The notices shall be placed in conspi u a ' ns on or near the property and shall be removed by the applicant fte the aring. The notices shall be mounted on easily visible boards not II than two feet (2') by three feet (T). All notices and notice boards all a fanning Department requirements. The affidavit of posting shall a sig a notarized, and returned to the Planning Department at least one 0 ee efore the hearing. 4. W u I' hearing is requested, the Planning Department shall arrange for a s ne (1) publication of the notice to appear in a 85 newspaper of general circulation within the County at least ten (10) days before the hearing. Payment of the initial publication fees shall be the responsibility of the applicant, where there is cancellation, postponement, or alteration of the hearing date as a result of action by the applicant. 5. When a public hearing is requested the Planning Department may send a notice of the hearing by mail to all adjacent property owners in the area proposed for alteration in accordance with the current records of the Jefferson County Assessor. 6. The Planning Department shall give additional notice in accorda c with RCW 58.17. NOTE: Nothing in providing additional property owner, as ordinance. this subsection shall prohibit the Planni notice to individuals not meeting the def that term is defined in Section 2, Su se ion e t from a djacent 50. of this the anning Department determines that a Hearin E a in r recomions: Whn mendation e Pls necessary, or when a person receiving notice re ues s a ubTi hearing, the County Health Department, Planning Department, Dep ent o u lic Works, and County Assessor's Office shall submit their written r c mme ations and findings to the Hearing Examiner in care of the Planning Depa t nt it all pertinent information available, at least seven (7) days prior to the pu 'c ear' g. In instances where no public hearing is requested by a per receiving notice, the County Health Department, Planning Department, and t partment of Public Works shall submit their written recommendations and findin ectly to the Board, in care of the Planning Department. 14.303 Public Hearing: All he and shall be open to the pb#a recommendations of the County Department of Public Works, WC review all other pertinent infor an opportunity for all int ste E record of the hearings t Public inspection. h I,Y 4 onducted by the Hearing Examiner, hd Hearing Examiner shall review the epartment, Planning Department, the 1r elevant agencies, and shall present and t e Examiner's possession and shall provide to speak and submit exhibits. An accurate e Hearing Examiner and shall be available for -+. 4+ nn x r mm n i n : Within fourteen (10) days of the public hearing, an"fit de r ining the public use and interest to be served by the alteration applicatio He ring Examiner shall submit written recommendations and findings tot t gether with all pertinent information available. B r f County ommissiongrs Actign 1. Up r ei of the recommendation and information on any plat alteration ap lic tion, a Board, at its next public meeting, shall set m 435974 Paso: 405 of 041 0910412M 11:40A Jafforson County, NA POPE RESOMES RESO 5SS.00 a date for the meeting where it may adopt or reject the recommendations of the Hearing Examiner, or the Planning Department if no public hearing was requested pursuant to Subsection 13.103 of this ordinance. If after considering the matter at a public meeting, the Board deems a change in the recommendation of the Hearing Examiner or the Planning Department approving or denying any plat alteration application necessary, the change of the recommendation shall not be made until the Board has conducted a public hearing and thereupon adopt its own findings and thereafte approve or deny the vacation application. Such public hearing may be held b f re a committee constituting a majority of the Board. If the hearing is bef re mmittee, the committee shall report its recommendation on the matt to ull Board for final action. 2. The Clerk of the Board shall keep records of the p m etin s and public hearings set and held by the Board which shall b ade aila a for public inspection. 3. The Board's approval of the plat alteration ap 'o s II constitute final legislative approval; upon approval, the Boa d s II or r the applicant to produce a revised drawing of the final long or h rt p a for signature. The fee for filing the altered plat for record sha e e si d ith the County Auditor and the alteration simultaneously r de-' gether with restrictions, covenants and similar documents. n- 435974.,WJefferson County. WA PM RESOURMS K80 sm. N SECTION 15 LEGAL PROVISIONS Subsections: 15.10 Violations 15.20 Remedies 15.30 Severability 15.40 Repealer 15.50 Effective Date 15.60 Adoption 15.10 Violations- 15. 1 01: No land comprising any part of a ropo a long subdivision, short subdivision, large lot subdivision, commercially d tri ark division, mobile home park division, recreational vehicle park divisio or ndominium division to be established in the unincorporated area efferson County shall be sold or leased until such long subdivision, sho bdivision, large lot subdivision, commerciallindustrial park division, mobile o park division, recreational vehicle park division, or condominium divisi n s n approved as provided in this ordinance. Any person being the ow nt of the owner, of such land, who shall sell or lease any lot, tract, rce t� , elling unit or portion thereof shall be guilty of a gross misdemeanor. c s le lease shall be a separate and distinct offense for each separate lot or o 'o said land. 1 .1 2: Whenever land wi h n a I ng subdivision, short subdivision, large lot subdivision, commerci d t ' I p rk division, mobile home park division, recreational vehicle p v '0 0 ondominium division granted final approval is used in a manner or fo r se which violates any provision of RCW 58.17 as amended, or this n , o a y term or condition of approval prescribed by the Board, then the Pr s torney may commence an action to restrain and enjoin such use and co pe co ance with the provisions of RCW 58.17, or this ordinance, or with h rms and conditions. The costs of such action may be taxed against th vi t 15.103: The lot plat, co binding si binding p I my uditor shall refuse to accept any long plat, short plat, large i ci i dustrial park division binding site plan, mobile home park r reational vehicle park binding site plan, or condominium division r filing until approval for the plat or binding site plan has been is a with this ordinance. 435974 Pane: 447 of 541 1111111111 mill III 11111111111111111111111111 0914412M 11:44A Jefferson County, WA POPE RE4olJffCEB RE40 on.44 Should a plat, or binding site plan be filed without compliance, the Prosecuting Attorney shall apply for a writ of mandate in the name and on behalf of the Board directing the Auditor and Assessor to remove from their files or records the unapproved plat or binding site plan. The Prosecuting Attorney shall have access to all remedies provide i this ordinance and RCW 58.17 as it now exists or is hereafter amended. 15.30 Severability If any section, subsection, or other portion of this ordina eis--� any reason held invalid or unconstitutional by any court of co i i is ' n, such section, subsection, or portion shall be deemed a separate p rtiwo th rdinance and the holding shall not affect the validity of the remainin 1310,rti n of this ordinance. .4 R I r These regulations repeal and replace the entir o t Jefferson County Subdivision Ordinance (Ordinance 1-75), and th nterim rovislons of the Jefferson County Subdivision Ordinance adopted puns t Resolution 51-90, and 62-90. This ordinance shall become v n 991 1st day of ae, 1992. !1 Adopted by the Jefferson County Board of Commissioners this 26th day of May, 1992. BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, W,ASHINGTON ATTEST. Town, r Lorna Delaney Clerk of the Board ojt, member APPROVED AS TO FORM: Mark Huth Jef erson Prosecuting Attorney 435974 Pass: 409 of 541 Jefferson County. WA M .00 APPENDIX A SHORT PLAT APPLICATION CHECKLIST The short subdivision application form provided by the Planning Department shall be completed. A copy of any description of property restrictions, covenants, mo ges, liens, and other encumbrances should be attached to the short subdivision a p 'cation form. A copy of any proposed restrictions and covenants should b d o the short subdivision application form. A copy of a basic site plan on an 8 1 /2" by 11 " paper co a[,M�4 e following shall be attached to the short subdivision application form: Layout and dimensions of existing and propos de , pr perty boundaries, roads easements, etc.; Location outstanding natural feature ( reek orelines, tree lines, etc.); Location of outstanding cultural featu s buildings, fences, etc.?; luired following preapplication 43.21 C, the Washington State ���■�������3597440A Jefferson County, WA POPE RKBOUNCES RESC 599.00 11 APPENDIX B FINAL SHORT PLAT CHECKLIST PREPARATION The final short plat, consisting of one (1) or more pages, shall be prepared as follows: The final short plat shall be based on a complete survey d contain an accurate map of the subdivided land. That map shall in I e: A vicinity sketch of the area where the s su vision is located. A legal description of the land conta i in short subdivision. An engineering scale and north point -ate The final short plat shall contain th pp �ria`te,/certifications, notifications, and any supplemental i r a Each sheet shall be an 18" by 24" yl or ' it eproducible material. All lettering and drawing shall be i perm ent black ink, including any signatures, which shall be ongi al . A a ginal line shall be drawn completely around each sheet, lea in an n irely blank margin of 2" on the left and 1/2" on the remaining ' es. ach sheet shall contain the following information: The name of the short b 'vision. The section, towns ip a ge of the short subdivision. The number of th t d the total number of sheets in the set. The short su io ber assigned by the County. P The final short plat shal ap is ly p rtray a map of the short subdivided land and shall include: All se ow p, municipal, and county lines lying within or adjac a ubdivision. The I a n II monuments or other evidence used as ties to establi h hort subdivision's boundaries. The o all permanent control monuments found and established at tro ling corners of the parcel being divided and within the sh r su d vision. h b n ary of the short subdivision with complete bearings and lineal di ns, depicted with heavier lines than appear elsewhere on the rihort lat. 435974 PaN: 411 of $41 M10412sM 11:49A Jai` farson County, MA POPE RnOURCE9 REW on. as The length and bearings of all straight lines; the radii, arcs, and semi - tangents of all curves. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field. The location, width, center line, and name of all roads within and adjoining the short subdivision. The location and width of all easements, shown with broken lines, and a description of the purpose thereof. Each lot's identification by number and total acreag . The location of legal access from the nearest pubic r a to the entire tract being divided. NOTIFICATIONS The final short plat shall contain, when applicable, the fo atements an an other statements as required by summary approval a itle stated and in numerical order: Notice to Potential u h e Wells shall not be loc t d clo a than 100' to any sewage disposal system or an ea a roved for a future sewage disposal system, includin re drainfield areas. A sewage dispos permit een issued for each lot under permit numbers (i a 'fy permit number for each lot). the system must be installed c s ent with the provisions of this permit. The permit is vali r n 1) year from (identify date of permit issuance). A y r e al is permitted for a maximum of two (2) years. U o pi tion of the sewage disposal permit approval � h I for sewage disposal purposes is not guaranteed n i bject to further approval of a renewed sewage o I placation. (Contact the Jefferson County Health a rt A ppta le wat r source is not supplied to (identify lot numbers). s n identify the County or State road number) as per er it a tify permit number). s ea d herein shall not be further divided in any manner it a period of five (5) years without the filing of a final long E CEPT, that when the short plat contains fewer than four ( p reels, nothing shall prevent the owner who filed the short 0at from filing an alteration within the five (5) year period to c eate up to a total of four (4) lots within the original short plat undaries. Any removal of or major disturbance of soil within the proposed drainfield areas may create site conditions that are unacceptable for the installation of sewage disposal systems. I���Vy.����w�19NRESOLAIMS �3s�';,_ Approval of this short subdivision does not constitute approval of building or sewage disposal permits on each lot. Permit approvals will be subject to building plot plans, type of use, contours, and soils on individual lots. Permits will be reviewed in accordance with site conditions and regulations existing on the date the permit is applied for. CERTIFICATIONS The final short plat shall contain the following certifications: A certification by the owners in fee simple, and t g 'nterest in the property, that the creation of the short sub v' ' n 's by t eir free will and consent. A certification by a licensed land surveyor, regi a the State of Washington, stating that the short plat is b actual survey and the courses and distances and all req 'r a es monuments are placed on the ground. A certification by the Health, Publi ks, a nning Departments that the short plat is in complia c ith nditions of summary approval. A certification of approval by the rd of C unty Commissioners. A certification of the clerk of the ar ounty Commissioners. A certification of filing by t e Count tor. A certification by the Cou y reasurer that all property taxes to date have been paid. The certific io shall be written as follows: l• Treasurer of Jefferson County, Washington, ere Myta I that all taxes due and or deposits required to cip d taxes on the property embraced in this plat have e d p to and including the year Jefferson y r surer NTAL when applicable, the following under the titles (Covenants) (Restrictions) IV (State any covenants The final short plat shall be subm 435974 Pass, 413 of $41 Jaffrrson County. WR POPE RESOLW S MI04! M 11 :40A RES (identify as an easement, covenant, or restriction) for (identify the type) filed under Auditor's record (identify the number, volume, and page). (Declaration) (Dedication) of Easements (State easements for ingress/egress and/or utility installation and maintenance). Where a dedication is made, the following statement hit be shown on the face of the plat: Know all persons by these present that the sig ed owners in interest of the land herein described ecla this ort plat to be created by free will and consent a e a ed the use of the public forever all streets and road h ron and the use thereof for any and all public p=tl no inconsistent with public highway purposes. Declaration of (Covenant a or restri i ns). SUB"IS* IS 0 texd`as follows: In addition to the reprodu, submitted, together including computer pro A $53.00 recor fe I o, accompany the p A plat certificate fr tr n� e iglnal, four (4) paper copies shall be companying data and documents, o t closures. e to the Jefferson County Auditor, shall v company shall accompany the plat. imH�N���Nw M�:-s�,� APPENDIX C PRELIMINARY LONG PLAT CHECKLIST GENERAL: The preliminary long plat shall consist of a preliminary subdivision map including a vicinity map. Eight (8) copies of the preliminary long plat, consisting of one (1) or more pages shall be submitted. It shall be no larger than 18" by 24", to scale and prepared to clearly portray the nature of the development. VICINITY MAP: The general location of the subdivision shall be d ict in an area approximately 3" by 3", drawn in a corner of the preliminary Ion la indicate the location of the proposed development to the nearest geogra I r s): i.e. community, water body, major road, mountain, valley, etc. PRELIMINARY PLAT MAP: Submitted with this application e (8) copies of the full size plat map including a reduced copy (8 112% y 4", or 11" by 17") of the preliminary plat and other required material c 'n t f Ilowing data: _ Vicinity map _ ca io o 'r hydrants North arrow & scale n in i school Subdivision name d strict d tification — Name, address and eenb It or open space, phone number of official inc di o ation & size subdivision representative Ac a allocated to parks, — Developer's name & address open space, greenbelts, or Names & addresses of mmon area, and percentage of adjacent property owners t acreage General location & ethod of solid waste disposal ^'description O Designated trails of the Topography with a contour 0 efferson County Park, interval of five (5) feet Recreation and Open Space Plan _ Approximate lot dimensions within vicinity of proposed and numbers subdivision _ Total acreage and lot Jefferson County Comprehensive per gross acre Plan optimum land use map Number of lots inc u i designation maximum, averagge.� a minimum lot siz:r vi 435974 Page: 415 of 541 _ Acreage allocated to lots and percent of total acreage _ Length of roads to be Existing and proposed —road widths _ Cul-de-sac radii Acreage allocated to roads and percent of total acreage _ Indication as to public or private road system _ Road right-of-way widths and typical cross sections Outstanding natural features (water courses, tree lines etc.) of the property to be platted and adjacent property Soil log holes; soil investigation sites Drainage plan — Water, sewage disposal, and other utility plans — Source of water supply _ Sewage disposal method 0 0 Completed environmental 'checklist (pursuant to RCW 43.21 C Washington State Environmental Policy Act) Existing restrictions and covenants (when appropriate) _ Proposed restrictions and covenants (when propriate) Encumbrances (e s ments, encroachments, et .) Written reco ti ns from Washington t a meet of Transporta o en a p oposed long sub i ion 's loc d adjacent t t-of-way of sta a _ Wri e o I om the Was i gto tat Department of oldgyh'n any part of a 7pos ng subdivision is :a e� within a flood control `Subid' ision fees of $350.00 $5.00 per lot (3 vii I�NAI�A���waNPage:°sPESO p`v APPENDIX D FINAL LONG PLAT CHECKLIST GENERAL: The final long plat, consisting of one (1) or more pages, shall be based upon a complete survey and contain an accurate map of the subdivided land. The final long plat shall contain the appropriate certifications, notifications, and any pertinent supplemental information. Each sheet shall be an 18" by 24" acceptable mylar. All lettering and drawing shall be in permanent black ink an ust include original signatures. A marginal line shall be drawn completely arou ach sheet, leaving an open margin of 2" on the left with 1 /2" on the remai FINAL LONG PLAT MAP: Submitted with this application are jve j p e copies including the final long plat map reproducible original and other required material consisting of the following: � Q) _ Vicinity sketch of the area the subdivision is located _ Legal description of the land contained within the subdivision Engineering scale and north narrow Name of subdivision and sequential numbering of subdivisions filed by division Section, township, and of subdivision including municipal or county line within or adjacent to the range 0 Locatio m nt&-d and dish -at ontrolling rners,of� the parcel being bdividyed and within the u IVI o BGURd—ar-Yof the subdivision with complete bearings and lineal dimensions: depicted ith heavier lines L ngth and bearings of all Otraight lines, including the radii, arcs and semi -tangents of all curves Length of each lot line subdivision including bearings and other _ Sheet numbering and total data necessary for the number of sheets in 0* se location of any lot line in _ Location of all the field monuments/other A Location, width, center used as ties to lis fine, and name of all roads subdivision bou d within and adjoining the subdivision viii Location and width of all Certification by licensed easements, shown with lines, land surveyor, registered by and a description of the the State of Washington easement purpose stating the long plat is Private roads shall be based upon an actual survey labeled and the courses and _ Numbers assigned to all lots distances and all required and blocks within the stakes and monu is are subdivision placed in the grow Names of adjacent _ Certification ar r he subdivisions Health, Public s n _ Signed, acknowledged Planning De nts t ling certification by fee simple that the to g plat i in owners and others with an complian W t�h� all long interest in the property subdivision qu ments of that creation of subdivision the J ers ty is by their free will and Subd v'sio rdi ce and all consent nd i s o final plat _ For plats containing a ro Is dedication, certification Cert' ' ation by County shall provide wording for Trea ur r that all property dedication, of streets and xe ave been paid /or other areas shown on the _ Cer ' cation of approval by plat to the public or some the Board of County other party Commissioners _ For public dedications the Certification of filing by the certification shall contain County Auditor a waiver by the owners and Notifications: when their assigns of all claims O applicable as pertaining to for damages which may or on -site sewage disposal, to adjacent properties by utility districts, unstable the construction, drainag , slopes, or other conditions of and maintenance of said r ad final plat approval. Each or area numbered accordingly and When required, worded per the subdivision certification sha I a waiver of t r' ht f ordinance and/or conditions Plat identification as direct access t t et easement, covenant, or from any pro rt restriction for type filed under Auditor's record (number, volume & page) ix Declaration and/or dedication of easements -label easements for ingress/egress and/or utility installation and maintenance Declaration of covenants or ^'restrictions -state any covenants or restrictions on final plat Current plat certification confirming the title of the land as described and shown on the final plat A $53.00 recording fee, payable to the Jefferson County Auditor, shall accompany the final long plat NOTE: Applications for long subdivision which upon initial inst�lbeii�le app to be insufficiently prepared to provide a basis for adequate review ur to the applicant. ACKNOWLEDGMENT I hereby declare, to the best of by knowledge an ie the-f e and all attached information is true and correct goi ng information (applicant or authorized representative (da 0 0 n_ X 435974 Pam: 419 of 541 UffarRon County. WA POP[ RE90URCia REi0416M0g01:40A APPENDIX E LARGE LOT SUBDIVISION PRIVATE ROADWAY DESIGN STANDARDS xi APPENDIX F OPEN SPACE STANDARDS Subsections: 1.00 Applicability 2.00 Purposes 3.00 Exemptions 4.00 Standards and Criteria for Dedication 5.00 Implementation 6.00 Improvements 7.00 Equivalent Facilities 8.00 Stormwater Detention Facilities 9.00 Rights and Duties 1.GO A H i' This appendix pertains to every short subdivisi n long u division, large lot division, mobile home park division, recreational vehicl rk di i ion, commerciallindustrial park division, and condominium division of on ' o s land regulated by this ordinance, unless: the smallest parcel rested i ter than twenty (20) acres (excluding condominium .divisions); or, a ivision of land will result in an average density no -greater than one (1) dwelling it er twenty (20) acres. 0 The purposes of this appendix ar . 1. To insure the g n l h, safety and welfare of the citizens of .Jefferson unt he onsidering the approval of new subdivisions, large lot di i s, m it home park divisions, recreational vehicle park division r industrial park divisions, and condominium divisio 2. To e a ea to set aside areas of land to meet the open space need c to b new short and long subdivisions, large lot divisions, mobil o e ark divisions, recreational vehicle park divisions, com 1 In ustriai park divisions, and condominium divisions. 3. To a to ly istribute the cost of providing open space. 4. T itig t any adverse impacts on neighborhoods without adequate o n when approving new short subdivisions, long subdivisions, ivisions, mobile home park divisions, recreational vehicle park vi ' ns, commerciallindustrial park divisions, and condominium di ns. xii 3587�y: 5. To insure compliance with the purposes of Subsections 5.305, 6.306, 7.305, 8.306, 9.304, 10.306 and 11.305 of this ordinance and RCW 58.17.110 which require Jefferson County to make appropriate provision for the establishment of open space at the time it considers approval of a proposed short or long subdivision, large lot division, mobile home park division, recreational vehicle park division, commerciaRindustrial park division, or condominium division. 6. To implement the goals and policies regarding o space in the Jefferson County Parks Plan and the Jefferson Coun omprehensive Plan which specify that standards should be deve r open space preservation in all new developments, and that la d hould have value for a variety of uses including parks, recr Itl , an c nservation of natural resources. 3.00 Exem2liQl36 Redivision of lots created under the standards thi ape x are exempt from any further dedications of open space provided a f tur of ave access, as required by Subsections 5.305, 6.306, 7.305, 8.3 , 9.3 10.306 and 11.305 of this ordinance to the open space areas dedicat d in the ri inal plat or binding site plan. 4.00 5tan r i ri for Di i n 1. An area greater than e a ten percent (10%) of the gross land area to be divided sh I icated as open space land; PROVIDED, that at least tw - ' r nt (25%) of the gross land area within condominium di�i io n ecreational vehicle park divisions shall be dedicated as op n e and. This appendix does not require the installation of at facilities. Land proposed for dedication must meet the foil ing itional criteria: a. ti rea proposed for dedication may be inside or outside e subject development, but if outside said development, ust be within reasonable walking distance for the residents of the development. The property proposed for dedication shall be adjacent to other previously established open space areas in abutting developments, public parks, community sites or facilities, or schools; PROVIDED, that such dedication would increase the overall benefit to the residents of the subject developments I,IIIerson�M�p1v, WA POPE �N11�'��,' �W and conform to other criteria in this appendix. Access: i. All lots within the subject development must have legal access to the proposed area for dedication at the time of final plat, binding site plan or certification checklist approval. Private or access roadrpts, or other landscaping may separate the area propose o dedication, however, access should not be blocked 'o obstacles such as arterials, collectors, canyons, vF s. Access to certain dedicated areas may be re d e led due to environmental sensitivity. Areas dedicated for active recre i al o n s ace shall have access from street frontages. A s may include walkways, pathways or motor e i e c ss. of Open Space: Lands dedicated for en spa es->7 uld serve one (1) or more of the followin nctio a) to meet the passive and active recreati n I nee s of the residents of the development, or th blic if so dedicated; (b) as a perimeter buffer to se ra a nflicting land uses; (c) to protect enviro entally s sitive areas, or as a buffer to screen and pr a environmentally sensitive areas; (d) to serve as wildli c nective corridors; (e) to serve as locations for of r ommunity sites and facilities. (See the Jefferso un rks Comprehensive Plan, Resolution 87-90 or r 8C ' ed information regarding open space land) Except a r i in Subsection 4.1(c)iii of this appendix, thirty e e ( %) of the dedicated open space area shall be u' a I o active recreation. The topography, soils, yd o y nd other physical characteristics of the area e f r active recreation shall be of such quality as p vi e a dry obstacle -free space in a configuration hi i suitable for active recreation. B and may decrease the size of active recreation areas t a low as zero percent (0%) of the dedicated open space are if it determines that: (a) inclusion of perimeter buffers, tvironmentally sensitive areas or wildlife connective rridors would better meet the needs of the residents of the short or long subdivision, large lot division, mobile home park division, recreational vehicle park division, or xiv 435974 Paso: 423 a f 641 JafWSOM COUMV, WA POPE U1110 CBS PESO4lon. 001c40R condominium division; or (b) meeting the standard would require detrimental grading or other disturbance of the natural setting. iv. Except as provided in Subsection 4.1(c)v of this appendix, no less than thirty percent (30%) of the dedicated open space area shall be reserved as an undisturbed natural area, covered in native vegetation. V. The Board may decrease the size ofkbed ed natural areas to as low as zero percent (0%) ofated open space area if it determines that meendard is a practical impossibility because no un tural areas exist within the boundaries of th proelopment. 2. Proposed open space dedications which do a mm a the size or other criteria of this appendix may be considere u or ction 7.00 of this appendix. .0 im I n i 1. The area proposed for open s a e sha 1 e dedicated to the residents of the development, the publi to onprofit nature conservancy corporation meeting the require is CW 64.04.130, as amended. 2. If the area proposed for en space is to be dedicated to the residents of the development, mat a nce and operation of the open space shall be the responsibility of the t wners, or lot owners' association. 3. If the area proposed f o n ce is to be dedicated to a nonprofit nature conservancy c r ti maintenance and operation of the open space shall be re 1 i ' y of said corporation. 4. The County, as o it n approval, may choose to accept a public dedication, and the a ant maintenance and operation responsibilities, when the area o e i ated is either one (1) or a combination of the followina: a• fhZn�i4e (5) acres. b. o an established or future County park or school ro:ent� ds. NOTE: the County is under n it m nge ible for the maintenance and operation of schools or ho rounds. C. access to a body of water greater than three (3) acres in i d�l an environmentally sensitive area, or would screen and protect a environmentally sensitive area. ould serve as a wildlife connective corridor. If the County feels it is in the public interest to accept the dedication. Xv 435974 11:40A J•r►•r#on +tYr P•••: 424 or 541 MA POPE REOomE,s 0E000 R[10414so no.0g 5. The dedication shall be identified on the final plat or binding site plan. When a development is executed in phases, the open space dedication standards of this appendix shall be met by each phase or division unless the intent of this appendix would be better served by another method of apportionment. ICD12rovements Improvements to the area proposed for use as active open spac required prior to final approval of a plat, certification checklist, or bindin an, in order to ensure a safe, clean site. However, minimal alteration of a tura s tting is encouraged. All improvements required as a condition of a ov all shown on the face of the final plat or final binding site plan. Improvements to areas proposed for dedication as p _ fss'i a n pace are not required prior to final approval of a plat, certification c ckli , r b ding site plan, 7.00 Eauiv lent ill i When areas proposed for dedication do not me t cr' a is for dedication in Section 4.00 of this appendix, such land may be impro b rad'+ng, filling, landscaping, or with installation of recreation equip t so as to be equivalent in result to the intent of this appendix. Determination o e ivalency shall be made by the Planning Department according to the following gui It s: 1. The proposed la opportunitie e required for uke large lot divisioft park divisi , r 2. The prop ed < sign I ant di ur area, rr'wit ' e c 3. rovements must create recreational iFivalent to or greater than the land s� enithin the short or long subdivision, toVile home park division, recreational vehicle p"minium division. d and improvements must not result in ice or alteration of an environmentally sensitive nective corridor, unless otherwise allowed by a)unty. land and with Section improvements shall be dedicated in 5.00 of this appendix. Stormwater d6te*ioo Oonds may be allowed by the County as part of the dedicated open space-sybVect tpvthe following criteria: xvi 435974 Pass: 425 of 541 Jeff *roan County, WA P&CM1 & RESO �On.001:40A OPE RE 1. The detention pond shall be designed and constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity. Subsequent to installation, the Director of Public Works may require modifications to ensure that the detention pond drains fully when precipitation is not occurring. 2. The side slope of the detention pond shall not exceed a ratio of three to one (3:1), unless the slopes are natural reexisting slopes covered with vegetation. 3. If detention facilities are located adjacent to, o near, a year- round stream or wetland, the structure, f nc nd values of said stream or wetland shall not be im' p 4. The detention area shall be covered wa tat i n n a manner which is both aesthetic and able t ith a d inundation expected. 5. Use of dedicated open space area t m ater detention shall not be acceptable if the de t' a e m st be fenced or otherwise rendered unsuitable r una a lable for recreation use during dry weather. 6. In the case of joint s f o space for detention and recreation, the lot o n rs o wners' association shall be responsible for mainten n e of h detention facilities. 9.00 n M andDuties The owners of open space shall ha th f owing rights which may be exercised in respect of such land, subject to r //t '' ti covenants or other restrictions: 1. The righ I c tIJ ompatible recreational facilities, such as tennis cou s, ing pools, picnic tables, and fireplaces accessor n' tables designed to be used exclusively by the re in t velopment and their guests. 2. T rig t o 1 to compatible pedestrian paths, bicycle paths and 3. i t over up to, but not to exceed, ten percent (10%) o e n with impervious substances reasonably necessary to e 'se he rights provided in Subsections (1) and (2) di tely above. 4. a ri t to take whatever measures are reasonably necessary to o ct and maintain such land, or land or property adjacent 5Dhe to, or to correct a hazardous condition posing a threat to life or limb. he right to conduct compatible agricultural activities, including, ut not limited to, the selective harvesting of mature trees. xvii 439974 Pa@*, 426 of 541 Jefferson County. WA PCP[ MESOURCQ RR[S0 !Z @0 N1;40 6. The right to regulate access to or entry on the open space land. 7. The duty to maintain open space land. n- mill 11111111111 43:5974 Jellereon Ca+ntY� WA PM 427 of 541 POPE Lt ROE%04/e� 0p1:40A APPENDIX G DOCUMENTS RELATING TO THE DESIGN, CONSTRUCTION, AND PLACEMENT OF: ROADS, BRIDGES, DRAINAGE WAYS AND SIGNS The Jefferson County Department of Public Works utilizes the current editions of the following documents, referenced within this ordinance: . Washington State Department of Transportation\A 'c ublic Works Association, Standard Specifications for Road, , a Municipal Construction; 2. Washington State Department of Transporta n m r' an ublic Works Association, Standard Plans for Road 1 and Municipal Construction; 3. Washington State Department Tr n"o ion, Highway Design Manual; 4. American Association of Stat ighwa nd Transportation Officials, Standard Specifications for Hig w B d es; 5. American Association of to Highway and Transportation Officials, A Policy on Geometric Des n Highways and Streets; 6. Washington State Dep t nt f Transportation, Hydraulics Manual; 7. Transportation F"ea Highway Capacity Manual, Special Report # 209; 8. Federal Highw d ' i tration, Manual on Uniform traffic Control Devices for Ste is ighways; 9. Washi a D artment of Transportation, Construction Manual; 10. Wa t t Department of Transportation, Local Agency G u d I' 11. Jeff n ounty Department of Public Works, Road Log; 12. ounty Department of Public Works, Accommodation of U 'iitie n County Road Rights -Of -Way, Resolution No. 38-91. xix APPENDIX "F" SHORELINE [,��'e�re esto the City of Port Townsend no longer apply to the Jefferson County Shoreline Management Master Program IA�I�III��r11�:"�, of ":. PREFACE In November 1972, the people of the State of Washington enacted the Shoreline Management Act (RCW 90.58). The primary purpose of the act is to provide for the management and protection of the state's shoreline resources by planning for reasonable and appropriate uses. The law provides a two-tier planning effort by the state and local gove�ent. By law, the city and county are each responsible for the following: 1. Development of an inventory of the natural characteristics 4an atterns along shorelines covered by the act. 2. Preparation of a "Master Program" to determine the futur of�"o elines. 3. Development of a permit system to further the goals a ies both the act and the local Master Program. HOW THE P W KS The Jefferson -Port Townsend Shoreline nagement aster Program is a planning document that outlines goals and policies for the sh e i es of the county and city. It is also a regulatory ordinance with performance standards f e ment intended to implement the goals and policies. /� When planning a project near t� ore ink; onsult with the Jefferson County Planning and Building Department or the Cit o ort Townsend. The county or city shoreline administrator will determine�h� oreline permit is required and provide assistance in the permit application proces . All shorelines subj ct t e o erne Management Act are given a shoreline environmental designation. T si atao stem is designed to encourage uses most appropriate for particular areas a h ce the character of that shoreline environment. The shoreline designations are n n t map supplied with this program and defined in Appendix "A". Shoreline preference well ash AdvisQ'ry T lassified as "primary", "secondary", or "conditional", in order of pr p iateness on a particular shoreline. Secondary and conditional uses, as s, quire review by the Jefferson -Port Townsend Shoreline Management fission prior to action by the Jefferson County Board of Commissioners or end City Council. In addition, permits issued by local governments for and variances require final approval from the State of Washington. ii 435974 Pose: 492 of 641 Jefferson County, WA POPE MMOLOMS N8041 �1:40A TABLE OF CONTENTS SECTION1 RECITALS.................................................................................. 1 1.10 FINDINGS................................................................................. 1 1.20 PURPOSES............................................................ .............1 1.30 TITLE...................................................................... .......... 4 SECTION 2 DEFINITIONS ........................................... .... ..... 5 SECTION3 SCOPE......................................................... �...................20 3.10 GEOGRAPHICAL JURISDICTIO ............ ....................20 3.20 LIBERAL CONSTRUCTION ......... .............................21 3.30 APPLICABILITY ............ .... ... ............................22 3.40 EXEMPTIONS .............. .............................................23 3.401 Administration ... ...........................................23 3.402 Permit Exemptions . ..................................................23 SECTION 4 SHORELINE DE G TIONS AND PROJECTS ...............28 CLASSIFICATIONS 4.10 SHORELI,E ENTAL DESIGNATIONS ......... 28 4.101 A .......................................... .28 4.102 Natu a.....................................................................30 4.103 ns rva................................................................... 30 4.104 u ur n.......................................................................31 1, r ..........................................................................31 wnsend Urban Waterfront Special District ........ 33 4.20 J LASSIFICATIONS..............................................35 01 rimary .........................................................I..................36 .20 econdary ........................................................................36 Conditional..................................................................... 37 4 Prohibited.......................................................................37 .205 Unclassified.....................................................................38 0 , 4. HORELINES OF STATE-WIDE SIGNIFICANCE..............38 CLASSIFICATION TABLE.....................................................39 T POLICIES AND PERFORMANCE STANDARDS ...............41 5.10 ADVERTISING........................................................................42 J .20 AGRICULTURE.......................................................................43 5.30 AQUACULTURE....................................................................44 ft SECTION 9 LEGAL PROVISIONS..............................................................92 9.10 VIOLATIONS AND PENALTIES..........................................92 9.101 Court Action..................................................................92 9.102 General Penalty..............................................................92 9.103 Violator's Liability ........................ 9.104 Permit Condition Violations ........................ .........93 9.20 APPEALS.................................................................... ......93 9.201 Administrative Appeals ............. 9.202 Permit Appeals ................................... .93 9.30 SEVERABILITY............................................... .94 .. .. . ..... 9.40 EFFECTIVE DATE .................................. ...........................94 9.50 ADOPTION ............................................ .... .......................95 APPENDIX "A" Common Description of Environme t esig a ions ................96 APPENDIX "B" Environment Designations t ched...............................103 ADMINISTRATIVE INTERPRETATIONS Section 5.160 2.12 2.92 3.402(11) 9.202 Residential Setbacks............ ...105 Definition Avera e Gr a el............................................107 Definition — hor 1 Exemption.. ... ..................................................................107 PermitAppea s ......................................................................107 n V 433974 Pass: 422 of 541 Jefferson CatY, WA POPE RESOURCES RE4l SO6M 00 '40A un SECTION 1 RECITALS SUBSECTIONS 1.10 Findings 1.20 Purposes 1.30 Title C) 1.10 FINDINGS a The Jefferson County Board of Commissioners n the Townsend City Council find that: 1. The Washington State Shoreline an ement Act of 1971 as a law of the State of Washington requires that counties a 'es incur certain duties, obligations, and responsibilities with regard to im em to ' of the act. 2. Jefferson County and the Cit f �rt ownsend, through a jointly created and maintained shoreline man n dViso commission, have performed the necessary prerequisites for the establish a master program such as preparing a shoreline inventory, delineating g s n o 'ties, conducting extensive citizen informational and educational measur , nd o ding numerous public meetings and hearings. 3. The establishment hi er Program will promote the public health, safety, and general welfar i a th a guide and regulation for the future development of the valuable e i ere u es of Jefferson County and the City of Port Townsend. 1.20 PURPOSES The purposes tt"t ter Program are: 1. T ut the responsibilities imposed on Jefferson County and the City of Port o sen y the Washington State Shoreline Management Act (RCW 90.58). 2. To r ote the public health, safety, and general welfare by providing a guide and re lat' n for the future development of the shoreline resources of Jefferson County a d he City of Port Townsend, o further, by adoption, the policies of RCW 90.58, and the goals of this Master rogram, both which hereafter follow. 1 gi 435974 Pala: 49E of 541 Jefferson County. WA POPE RE"ORCL1 gill 1111111111 INII RE O4,Oli1 001 4Oi� Shoreline Management Policies The Washington State Legislature finds the shorelines of the state are among the most valuable and fragile of its natural resources and there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition, it finds that over increasing pressures of additional uses are being placed on the shorelines, necessitating increased coordination in the management and development of the shoreline of the state. The legislature further finds that much of the shorelines of the state and the up adjacent thereto are in private ownership and that unrestricted construction on the i wned or publicly owned shorelines of the state is not in the best public interest; th o 0o Mated planning is necessary in order to protect the public interest associated t sho el nes of the state which, at the same time, shall be consistent with public inte Th r is, t erefore, a clear and urgent demand for a planned, rational, and concerted effort, 'oint performed by federal, state, and local governments, to prevent the inherent h c rdinated and piecemeal development of the state's shorelines. It is the policy of the state to provide f6r the manag nt of s orelines of the state by planning for and fostering all reasonable and appro ri to uses his policy is designed to ensure the development of these shorelines in a man r hile allowing for limited reduction of rights of the public in navigable aters, wi ote and enhance the public interest. This policy contemplates protecting igai t adverse effects to the public health, the land and its vegetation and wildlife, and the wat o the state and their aquatic life, while generally protecting public rights of navigatio an o 1 ry rights incidental -thereto. The legislature declares the interest o(.4 �66 1�-sh be paramount in the management of shorelines of state-wide significance. a gton State Department of Ecology, in adopting guidelines for shorelines sta wi a significance, and local government, in developing Master Programs for sh r ine o state-wide significance, shall give preferences to uses in the following descendi4 rd r i rity: 1. Recognize and prf t ct s e 'de interest over local interest. 2. Preserve the natir l a r o the shoreline. 3. Result in long pte�er s term benefit. 4. Protect the rescology of the shoreline. 5. Increase publ' to ublicly owned areas of the shoreline. 6. Increase recrgeao portunities for the public in the shoreline. 7. Provide f r �oth�% element as defined 'Under RCW 90.58.100 deemed appropriate and ne essai v - In th i le n ion of this policy, the public's opportunity to enjoy the physical and aesthetic ua it ies natural shorelines of the state shall be preserved to the greatest extent fe si e, con 'st nt with the overall best interest of the state and the people generally. To this end`,se 1 e preferred that are consistent with control of pollution and prevention of damage a natural environment or are unique to or dependent on use of the state's shorelines. Alteration of the natural condition of the shorelines of the state, in those limited 2 I,A�IV�INI�IYINPM RUOLOM �'°,e,,11: ,_ instances when authorized, shall be given priority for single family residences, ports, parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments that are particularly dependent on their location or use of the shorelines of the state, and other developments that will provide an opportunity for substantial numbers of the people to enjoy the shoreline of the state. Permitted uses in the shorelines of the state shall be designed and condu d in a manner to minimize insofar as practical any resultant damage to the ecology and a v' onment of the shoreline area and interference with the public's use of the water. a of state-wide significance are listed in Section 4.30. 1. 2. 3. 4 5. P. 8. Goals 0 Economic Development: To encourage utilization n i re urces to improve the standard of living for residents of Jefferso oun y an the City of Port Townsend, at the same time assuring that s r so ce i 'zation is compatible with the conservation element. Public Access: To provide and maintai a safe, c n enient, and balanced system of public access. A system that increases the o t diversity of opportunity for the public to enjoy the shorelines of the state respecting the rights of private ownership. A system that is resp i of fragile natural features of the shorelines and strives to maintain the quality of life a 'o by the shoreside community. Circulation: To recognize the i o n all types of circulatory systems to our region and to create and mainta n a cu tory network capable of delivering people, goods, and services at the i st e f convenience, safety, reliability, and economy. Yet we do not want unpleas t ' ects, so we wish to see the secondary effects of circulatory system devel nt ar accounted for in the planning of such systems. Circulation planning m s be patible with Iand use planning. Recreational: Tc *ss a v' a proper recreational opportunities for local people. To encourage a pment of recreational sites for visitors and to assure the managemen pr sen it in a manner that will maintain and preserve the very resources t a cr to the demand for their use. Shoreline o pr ate the best possible pattern of land and water uses, to assure a minimum o c fli between uses, to assure that individual uses are placed on sites appropr'at s ch ses, to assure that lands and waters of specific natures are available to uses h t ne d such special types of lands and waters, to see that all the uses needed by t io ve a place, and to generally devise a pattern beneficial to the natural a d m environments. o sery i n: To conserve and enhance the natural resources including scenic vistas, es ari beaches, shorelines, fragile ecological areas, fish, wildlife, timber, and land, er, nd air. is orical and Cultural: To protect and restore areas and sites having historical, Ural, educational, or scientific value. estoration: To encourage development in areas that have been previously blighted or degraded so such areas may be renewed or restored to a natural or useful condition. z IA�IY����YNB�:"�".: 9. Water quality: Development should be located, designed, constructed, and operated so as not to degrade water quality as measured by State water quality standards. 1.30 TITLE This document shall be known and may be cited as the Jefferson -Pon Townsend Shoreline Management Master Program. This document may refer to itself as "this Master rogram". C) 0 0 4 �IY�IYII POPE RESOURCES �36.� ]4": SECTION 2 DEFINITIONS Definitions given for the terms in this Master Program apply only toi4eir use under the jurisdiction of this Master Program as defined in Chapter 90.58 RCW. S terms may have different definitions and applications under other regulations and ordi a When not consistent with the context, words used in the present h 1 inc u e the future, the singular shall include the plural, and the plural shall include a in la . The word "shall" means mandatory, the word "should ear co mend by but not required, and the word "may" means permissive. For the purpose of this Master Program, defined as follows: shall be interpreted or 1. Accessory use: A use that is dem strably s' bordinate and incidental to the principle use and which functionally suppo s i activity. 2. Accretion: Slow addition of land b e siting of water -borne sediment through the net effect of wave action and ]on o 0 � . AI:C;Y%t I1UN BhAUH �U. 3. ashington State ShoreIine.Management Act (RCW 90.58), as amended. ve iitng: Publicly displayed messages 'or signs, billboards, placards, or buildings t ec 'rt attention to promotion of a business, service, or product. On -premise d ertising is that which is actually located on the site of the business or service 5.'---Agriculture: The cultivation of soil, production of crops, or the raising of livestock. 5 b. AppIicable Master Program: The Master Program approved or adopted by the Washington State Department of Ecology pursuant to RCW 90.58.090 or RCW 90.58.190. 7. Aquaculture: The culture or farming of food fish, shellfish, or other aquatic plants or animals. 8. Aquatic: All water bodies, including marine waters, lakes, rivers, and streams and their respective water columns and underlying lands, which are defined as shorelines of the state. 9. Archaeology: The systematic recovery by scientific methods of m e 'al evidence remaining from man's life and culture in past ages, and the det . t y of this evidence. 10. Associated wet lands: Those marshes, bogs, swamps and simil�r:., at rete�,tiakes, n areas that are in proximity to and influence or are influenced by ms, r ver or tidal waters (reference WAC 173-22-030(5)as amended]. 11. Backshore: The area wetted by storm tides but norm b w the coastline and the high tide line. It may be a narrow gravel berm b ow ea b or a broader complex of berms, marshes, meadows, or dunes I ar o igh tide line. 12. Average grade level: The average of the natur 1 xisti pography of the portion of the lot, parcel, or tract of real property t a will irectly under the proposed building or structure. In the case of structure to e b tl over the water, the average grade level shall be the elevation of the ordina i h ater. The calculation of the average grade level shall be made by i ing the elevations at the midpoint of the proposed building or structure.* (*See A i !trative Interpretation, Page 1073 13. Barrier beach: An accretion shore fo s nd gravel that has been deposited by longshore drift, like storm barriers, i t o uffs, bays, marshes, and estuaries. 0 L F R BEACH n� 435974 Pas*: 437 of 641 b N/0'62P OpQ1:4OR J*ff*rmon County. WA POPE MOURM BAY BARRIER BEACH Bar: Similar to spits and hooks, though periods of high water. Beach: A relatively level land area cont sand, rock or mud. Beach feeding: A process by 'ch locations in the updrift portion o transported by a wave's down drift to Berms: A linear mound of sa r above the ordinary high ter r to the mainland during sea and generally composed of beach material is deposited at one or several driftway. The material is then naturally a ' 'ze or restore eroding beaches or berms. ra that is placed parallel to the shore at or Boat Launch: A slab, Ian ' , or graded slope used for launching boats by means of a trailer, hand, or c i a device. Bog: A shallow water a t a ay be filled by sedimentation and the decaying of vegetation [refer ce C 1 3- 2-030(5)]. Breakwater: h re cture generally built parallel to the shore that may or may not be c n t Ian . Its primary purpose is to protect a harbor, moorage, or navigatio ivi #r ave and wind action by creating a still water area along the shore. s o urpose is to protect the shoreline from wave -caused erosion. Most brea at s in the Pacific Coast area are rip -rapped, mound construction. Several include d ary sand by-passing o erations P t -like structure generally placed parallel to shore to retain an upland sliding or sheet erosion, and to protect an upland from erosion by kheads are normally lighter than seawalls and similar to structures accommodation of incorporated City of Port Townsend, Washington. The highest landward line of long term marine water effect upon the land. al: Uses and facilities that are involved in wholesale or retail trade or activities. 61 435974 Pass: 430 of 541 0010412000 11:40A Jefferaen Canty, WA POPE RES"CEi RE80 MG. 09 26. Conditional use: . A use, development, or substantial development which is classified as a conditional use or is not classified within the Master Program. A use which varies from the designated uses is considered a conditional use. 27. Conservancy: An area with valuable natural, cultural, or historical resources 28. 29. 30. 31. 32. 33. (reference Section 4.20). County: Jefferson County, Washington. Creek: A small stream; often a shallow or intermittent water run-off flowing in a natural or modified channel progressively lower levels and eventually to the sea. Department: The Department of Ecology. D I tributary to a river. Surface that is draw0y gravity to eve opment: A use consisting of the construction or structures; dredging, drilling, dumping, filling, and removal minerals; constructing bulkheads, driving piles, or placing) project of a permanent or temporary nature that interferes of the surface of the waters overlying lands subject to and this Master Program at any state. of water level. Dike: An artificial dirt or rock rip -rap bank th a Ile a str prevent flooding. Dock: A fixed structure floating upon a wale b dy. e tion of trid avel, or �tions; or any mal public use tnagement Act to retard erosion or 34. Dredging: The removal of earth, sand, grav si , r ebris from the bottom of a stream, river, lake, bay, or other water tdy and as 'ated wetlands. 35. Driftway: The foreshore area that con a feeder bluff and its accretion shore from where sand or gravel is deposited by net e t wave action and longshore drifts. iterrelationship of living things to one another and to processes including weathering, dissolution, abrasion, which earthy or rocky material is removed from any tal stream influenced by the tide of marine waters into :awater is diluted with fresh water derived from land 8 433974 Pam 440 of 641 N104120N 11:40A J'ffarew County, WA POPE RE60UR0E6 MIM sm .00 39. Exempt developments: Those aeveiopments wnicn are not requrrea to obtain a substantial development permit under RCW 90.58.030(3)(e), but which must otherwise comply with applicable provisions of the Shoreline Management Act and the Master Program. 40. Exemption: Authorization from ,Jefferson County which establishes that an activity is exempt from substantial development permit requirements under WAC 173-27-040, but subject to regulations of the Shoreline Management Act and this Master Program. 41. Extreme low tide: The lowest line of the land reached by a recedi tide. 42. Fair market value: For a development, it is the open market bid r e for conducting the work, using the equipment and facilities, and purchase o o s, services and materials necessary to accomplish the development. This w u rm ly equate to the cost of hiring a contractor to undertake the develo t rom st rt to finish, including the cost of labor, materials, equipment and fa I .t usa a tra portation and contractor overhead and profit. The fair market valu o development shall include the fair market value of any donated, cunt i e , o ou d labor, equipment or materials. 43. Feeder bluff: A shore or sea bluff whos ro in ri transported by longshore drift and provides the building blocks n nourl ent for spits, bars, hooks, and other accretion shore forms. HIGH "14,stic ands:The beds and shores of navigable tidal waters lying within or in porate limits of any city, or within one mile thereof, upon either side itween the line of ordinary high tide. and the inner harbor line, and within two aft a corporate limits on either side and between the line of ordinary high tide line of extreme low tide. A floating structure that is moored, anchored, or otherwise secured in the that is not connected to the shore line. Plain: That area adjoining rivers, stj coastal water subject to 9 435974 Pasm 441 of 541 IN 1111111111111111 05/04/2000 11:40A Jefferson County, WA POPE RESOURCES RESO ON-N 10.0-VA FLOOD P [..AIN .I I VLOOD RUNGE — FLOODWAY—1 FLOOD FRINGE I �" AAEA t AICA I I I CHMNEL I I I I .ENCROACHMENT FLOOD PLAIN 47. Floodway: Those portions of the area of a 've a y lying streamward from the outer limits of a water course upon w A floo are carried during periods of flooding that occur with reasonable r ity, although not necessarily annually; the floodway being identified under norm nditions by changes in surface soil conditions or changes in types or qu 'ty f e ative ground cover conditions. The floodway shall not include those Ian t ca reasonably be expected to be protected from waters by flood control d ol�t i ed by or maintained under license from the federal government, the state, r ' 1 subdivision of the state. 48. Forestry: Methods used for a pr c 'on, production, harvesting, and transporting of timber resources. 49. Gabion: A mass of o b masonry tightly enclosed in wire mesh, forming massive blocks th se t rm walls on beaches to prevent wave erosion or as foundations for kw ter r ' tties. 50. Groin: A wall i cat a extending seaward from and usually perpendicular to the shore into the in ert al z Its purpose is to build or preserve an accretion beach on its updrift by t i toral drift. A groin is relatively narrow in width but varies greatly in 1 oin is sometimes built in a series as a system and may be permeable r pe eable, high or low, and fixed or adjustable. 51. Guideli o standards adopted to_ implement the policy of the Shoreline Mana e t ct for regulation of use of the shorelines of the state prior to adoption oft a to ograms and which serve as criteria in the development of the Jefferson C nt eline Management Master Program. 52 b a a: The area of navigable tidal waters as determined in Section 1 of Article 15 o th Washington State constitution, which shall be forever reserved for landings, , streets, and other conveniences of navigation and commerce. 10 435974 Pap: 442 of 541 Jefferson County, wA POPE KSOLRMB 061041O 011:4OA RES53. Height: A measurement from average grade level to the highest point of a structure. Television antennas, chimneys, and similar appurtenances are not used in calculating height, except where they obstruct the view of a substantial number of residences, or where this Master Program provides otherwise. Temporary construction equipment is not used in calculating height. 54. Historic: Having considerable importance or influence in history; historical. 55. Industry: The production, processing, manufacturing, or £abri ion of goods or materials. Warehousing and storage of materials or production is o sidered part of the industrial process. 56. Inner harbor line: A line located and established in navi is a rs between the line of ordinary high tide and the outer harbor line 7�7 titu ' the inner boundary of the harbor area. 57. Island: A land mass completely surrounded by water. 58. Jetty: A structure generally perpendicular to the sh r e t t rough or past the intertidal zone. Jetties are built singly or in pairs a a arb r entrance or river mouth mainly to prevent accretion from littoral d ' i an ntra a channel, which may or may not be dredged. Jetties also serve to r tect c ne s from storm waves or cross currents and to stabilize inlets through b r 'er bea h s. On the Pacific Coast, most jetties are of rip -rapped, mound constructio 59. Lake: A body of standing water to ted inlan erally distinguished from marshes, bogs, and swamps by its greater de 60. Landfill: The creation of or addition a upland area by depositing material into waters or onto shorelines or wet 1 nd a as. 61. Marina: A facility that rovi e c ' g, storage, supplies, moorage, and other accessory services for six o e I e and/or commercial water craft. 62. Marsh: An area of low-lying et fen, swamp, or bog. [reference WAC 173-22]. 63. Master Program: The c m eh st a management plan for a described shoreline and water surface area and t e se r lation together with maps, diagrams, charts, or other descriptive mate I d e atement of desired goals and standards developed in accordance wi o ' ie enunciated in RCW 90.58.020 and its guidelines under WAC 173-1 7 -2 . 64. Mining: T a naturally occurring rock, sand, gravel, and' minerals from the earth. 65. Natural: o in possessing unique or fragile features, whether natural or cultural, that are t or essentially unaltered from their natural state or are relatively intolera t of man use other than for passive historical, cultural, scientific, arch I ica , educational activity. 66. N t I existing topography: The topography of the lot, parcel, or tract of real roperty ediately prior to any site preparation or grading, including excavation or 7 67.67.-c�iiforming use or development: A shoreline use or development which was la lly constructed or established prior to the effective date of the act or the icable master program, or amendments thereto, but which does not conform to lesent regulations or standards of the program. 68. Offshore: The sloping subtidal area seaward from the low tideland. 11 Chi 70 71. 72. 73. 74. 75. 76. 77. 78. Offshore moorage device: An offshore device anchored or otherwise attached to the sea bottom used to moor water craft (reference Subsection 5.130). Ordinary high water (mark): That mark on all lakes, streams, and tidal waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition exists on June 1, 1971 or as it may naturally change thereafter; or as it may change thereafter in accordance with permits iss d by the local government or the Washington State Department of Ecology; provi that in any area where the ordinary high water mark cannot be found, the o igh water mark adjoining salt water shall be the line of mean higher high ta e rdinary high water mark adjoining fresh water shall be the line of mean w er. Outer harbor line: A line located and established in navig a wate s as p ovided in Section 1 of Article 15 of the Washington State Constitution o which the state shall never sell or lease any rights whatsoever. Parking facilities: Areas providing for the storage of for a isles, including vista parking facilities. Party of record: All persons, agencies or or a 'zation w o have submitted written comments in response to a notice of applic public hearing conducted on the application desire to receive a copy of the final decision address for delivery of such notice by i Performance standard: Regulations, that are applied to the design and fun Permit: Any substantial developm i authorized under Chapter -5*1 Person: An individual, firm, pa er agency, or any non-federal en 'ty o Pier: A fixed, pile sup orte ruc Point: A low profile h o whose apex extend s a� POINT ti n; ma ral comments in a formal r ' ie local government of their on a it and who have provided an bulk and dimensional standards, a-t ieveiopment or use. is e, conditional use permit, or revision Zorelines Management Act. rporation, association, organization, designated. ry, generally of triangular shape Low 71D$-a' 1 :•J�III BLUM � htF�H rIpe— '1 BeRM BACKSMORE 435974 Paso: 444 of 541 Jefferson County, wA POP[ RE5oLq=B RREBO0412000 ON 0 $1:4Op 79. Ports: Centers for waterborne commerce and traffic. 80. Primary use: A use that is deemed preferable with the definition and policy of a particular shoreline designation. 81. Public Interest: The interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property on health, safety, or general welfare resulting from a use or development. 82. Recreational facilities: Facilities such as parks, trails and path grounds, and swim rafts that provide a means for relaxation, play, or amuseme 83. Residence: A dwelling and those structures and develop is ithi a continuous ownership that are normal appurtenances. An appurte a is a ess i y connected to the use and enjoyment of a residence and is located Ian wa the perimeter of a marsh, bog, or swamp and landward of the ordin r hi to mark. A normal appurtenance includes a garage, deck, driveway, uti it es, n es, a d grading that does not exceed 250 cubic yards (except to const o ve I drain field). 84. Residential development: The develop a of la an /or construction or erection of dwelling units for the purpose of reside t I occu a cy. 85. River: A large natural stream of water e t t any ocean, lake, or other body of water, and usually fed along its c urse by c ing tributaries. 86. Scientific and educational facili s: Those sites, structures, or facilities that provide unique insight into our natural and c ur heritage. 87. Sea wall: A bulkhead, except i a urpose is to artificially armor the shore from erosion by water waves a d i y ' cidentally retain uplands or fills. Sea walls are usually more massive tt a l s or revetments because they are designed to resist the full force of waves. 88. Second class shoreland: a d r ring on the shore of a navigable lake or river not subject to tidal flow, b twe n t e line of ordinary high water and the line of navigability and yr t in or ' r nt of the corporate limits of any city or within two miles thereof p t s' 89. Second cla el n L d over which the tide ebbs and flows outside and more than two i M. e corporate limits of any city from the Iine of ordinary high tide to the ' e ext a low tide. 90. Seconda s . use that is not automatically deemed preferable within the definiti n li of a particular shoreline designation (reference Section 4.20). 91. Shore ens ork: Structures or modifications for the purpose of retarding shore ero ' n o aves or current action, protecting channels and harbors from wave a i couraging deposition of beach materials, preventing stream bank overflow, re- ' g uplands. They may consist of bulkheads, seawalls, dikes, revetments, b k ters, jetties, groins, or gabions. of works are commonly constructed m arry rock (rip -rap), treated wood, concrete, steel, and sand and gravel. 2. h relands or shoreland areas: Those lands extending landward for two hundred feet n 11 directions as measured on a horizontal plane from the ordinary high water mark, oodways and contiguous floodplain areas landward two hundred feet from such floodways, and all wetlands and river deltas associated with the streams, lakes, and tidal 13 93. 94 95. 97 98 1111J1111111 Jill 435974 of Jefferson 111111011 Count 101 POPE 1lEfQllRCEO RE80 IN f 40a9.00 b4 waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. Shorelands are distinguished from shorelines in that shorelines extend waterward from the ordinary high water mark to the County line, while shorelands extend Iandward from the ordinary high water mark for 200 feet.* [*See Administrative Interpretation, Page 107] Shoreline Management Act: A law passed by the Washington State Legislature in 1971 and ratified by the voters in 1972 (reference RCW 90.58). Shoreline permit: A permit to conduct a development or use as defi by RCW 90.58 and this Master Program. A shoreline permit means any for a mission required under RCW 90.58 prior to undertaking activity on Shore in th state, including substantial development, conditional use or variance per Shorelines: All the water area of Jefferson County, includi ese o s a their associated shorelands, together with lands underlying them, exce a. Shorelines of state-wide significance. b. Shorelines or segments of streams upstm flow is twenty cubic feet per second or 11 such upstream segments. C. Shorelines on lakes less than twenty acres such small lakes. Shorelines of State-wide Significance: Jefferson County and the City of Port Tjt a. Those lakes, whether nat acreage of one thousand mark, including associate b. Those areas of Puget o! Fuca between t e rdi a which are a Mason -Jeff n u C. Those arias' Rue So waters no low tide. d. Those a mean nr�i In lef rs� C. the mean annual s associated with associated with line of the state with respect to identified as follows: - a combination thereof, with a surface measured at the ordinary high water in adjacent salt waters and the Strait of Juan de watermark and the line of extreme low tide, Tala Point to Foulweather Bluff, south to the including associated wetlands. and the Strait of Juan de Fuca and adjacent salt line and lying seaward from the line of extreme rs or segments thereof downstream from a point where the is measured at one thousand cubic feet per second or more. ty these rivers are the Clearwater River, Hoh River, and associated with a,b, and d of this definition. the State: The total of all shorelines and shorelines of statewide point of land extending into a body of water. 14 i 1 � tnsooN 4 ^► HIGH %NDE- State Master Program: The adopted by the Department of ] Stream: A body of running surface in a channel or bed, as a Structure: A permanenjt�or artificially built or comp,, above, or below the surface oft Substantial Develoorne�Ar all master programs approved- or Ily such a body moving over the earth's t, or river. 7edifice or building, or any piece of work -fined together in some definite manner on, or water, except for vessels. nent that: !�4rket value exceeds $2,500; or with the normal public use of the water or shorelines of ovided for in Chapter 3.40]. re wh'Fe residential activity may approach urban density, but usually • sr it space for small numbers of livestock, gardens, or wood lots. w�e erved by individual or community water supplies, but generally are t' utilities from an urban center. Commercial activities to serve the mediate area are considered an integral part of this description. lowland region saturated.with water [ref. WAC 173-221. A causeway -like accretion spit connecting an offshore rock or island with 15 106. 107. 108. 109. E1i[4a LU,=M Transmit: To send from one person or 1 The date of transmittal for mailed items is mailing or, for hand -delivered items, is the c Transportation facilities: Passageways for not limited to such devices as bridges, tr tlh Upland: The higher parts of a regio 0 OHWM. Urban: An area of high intensity d industrial development. This does of�' incorporated city, but is pa I ti � urban expansion. � ffiaiI or hand delivery. e document is certified for the destination. .1es or trains, including but pp—s culverts. of land which of the ing residential, commercial, and include all shorelines within an areas planned to accommodate Utility: A service or facilit4!g es, transmits, stores, processes, or disposes of electrical power, gas, water, mmunications, oil, and the like. Variance: A means n m the specific bulk, dimensional or performance standards set forth i t master program and not a means to vary a use of a shoreline. n Vegetative sC i ' i : lanting of water -loving land vegetation upon shoreline banks, slopes, o be s to tain soil and retard erosion from surface run-off; planting of aquatic vege o ore to reduce wave action and retain bottom materials; and utilizing to p tru tares or netting to enable plants to establish in unstable areas. Vessel: Sh p, boa , arge, or any other _floating craft that is designed and used for navigati a oe of interfere with the normal public use of the water. Wast o Refuse composed of garbage; rubbish, ashes, dead animals, demolition was s, to ile parts, and similar material: er- ep dent: A use or a portion of a use that cannot exist in any other location a re uir a location on the shoreline and is dependent on the water by reason of the intrin i nature of its operation. r njoyment use: A recreational use such as a park, pier, or other use facilitating p c access as a primary character of the use; or, a use that provides for passive and 16 435974 Pap: 448 of 941 Jffforson OamtY, WA POP[ RSSOUROis 08/041 �1:4SA RKSO aft. active interaction of a large number of people with the shoreline for leisure and enjoyment as a general character of the use and which, through location, design and operation assure the public's ability to interact with the shoreline. In order to qualify as a water -enjoyment use, the use must be open to the public and most if not all of the shoreline oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline interaction. Water -enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological r rves, resorts, and mixed use commercial enterprises provided such use confo to the above requirements and the provisions of the Master Program. 117. Water -oriented use: A use or a portion of a use which is eit wat -dependent, water -related, or water -enjoyment use, or any combination 0. Non -water -oriented use: Upland uses which have lit r n elati nship to the shoreline. All uses which do not meet the definition -dependent, water - related, or water -enjoyment are classified as non-wat -o ien se . 118 Water -related use: A use or portion of a use which i not in rinsi fly dependent on a waterfront location, but whose operatio no o r economically without a shoreline location. These activities demo s a a 1 i , functional connection to a waterfront location. Examples of water -re a d. uses y include warehousing of goods transported by water, seafood processing p nt an storage. 119. Waterway: A river, channel, canal, or other i e body of water used for travel or transport. 120. Wet land: Those areas within the o line jurisdictional boundaries that are not continuously dry and are defined rs s, ogs, or swamps in WAC 173-22. 121. Wetland: Areas that are inunda e r sa ated by surface water or ground water at a frequency and duration svifi-�ien rt, and that under normal circumstances do to ' n tally adapted for life in saturated conditions. support, a prevalence of ve Wetlands do not inclu t e rtificial wetlands intentionally created from nonwetland sites, inclu , o limited to, irrigation and drainage ditches, grass - lined swales, can de n on f ilities, wastewater treatment facilities, farm ponds, and landscape it' , r ose wetlands created after July 1, 1990 that were unintentional) a as result of the construction of a road, street, or highway. Wetlands a i c u tho artificial wetlands intentionally created from nonwetland areas to mi ' ate he n rsion of wetlands. Identificatio tlands and delineation of their boundaries under the Master Program a e ormed in accordance with the criteria and indicators listed in WAC 1 3 22- 0 These criteria and indicators along with recommended methods and addition 1 13,m ound information can be found in the Washington State Wetland Ide ti i tl nd Delineation Manual, Ecology Publication #96-94. n 17 MARINE SHORELINE SUB TIDAL AREA INTER TIDAL AREA WETLANDS in W_ a 0 z M 0 m J 0 V } a MHHw A nz a z O m J a z 0 6 SHOR n 1 I I I� I I I Iy OHWM 200' LAND JURISDICTION AREA [ Plus Associated Natural Wet:Lands ACT JURISDICTION LEGEND . OHWM Ordinary ,High Water Mark MHHW Mean Hi her High Water MLLW Mean Lower Low Water ELT Extreme Low Tide FIG.1 SHORELINE MANAGEMENT JURISDICTION: Marine Shore Components 435974,vJefferson Comtv. WA on. 09 FIG. 2l STREAM SHORE -PROCESS CORRIDOR I FLOOD PLAIN ... UPLAND __. FLOODWAY__. FLOODWAY._. FRINGE IEL . MEANDER ZONE 100 Year Flood Sta a.. I bass flood 1 _ V. 200•SHOAELINE MANAGEMENT ^Jurisdiction Area I Plus Associatsa .. Nat,.ra' Wet.L. i SHORELINE MAN A(#EMENT JURISDICTION: _Stream Shore Cotiiponents I��I�I���NIN IIN�VNI �;,33974� An«.m County, w IIEw eM.N 974 �IN�rson �N��I�I�Alllll gassON.y �.: SECTION 3 SCOPE SUBSECTIONS 3.10 Geographical Jurisdiction 3'20 Liberal Construction 3.30 Applicability 3.40 Exemptions 3.10 GEOGRAPHICAL JURISDIC� This Master Program shall apply to all the lands and w1S:!line7;nagement Je�sa�County and the City of Port Townsend that are under the jurisdiction of the Act. There is hereby made a part of this Master Program a map at w' be officially known as the "shoreline designation map," but which for the ose of brevity shall be referred to as "the map." The official shoreline designation map st-11 e on file with the Jefferson County Planning and Building Department, Washi n to Department of Ecology, and Washington State Code Revisor. There m un fi ial copies of the map prepared for administrative purposes (see Appendih I e the responsibility of the Jefferson County PIanning and Building Depa e t e p the map current and in a readable condition. Inasmuch as the map is pan inseabl�his Master t Program, no part of the map may be altered or revised except o r a f e Washington State Department of Ecology as provided under RCW 90.5 �0 ��� The map will show the re o"rson County and the City of Port Townsend that are under the jurisdiction of —this aster Program. Further, the map will show the shoreline designations as they ect a ous lands and waters of Jefferson County and the City of Port Townsend. Where uncerta' t ict may occur in the exact location of a jurisdictional boundary line, the offi ' I des' a ions of the Washington .State_ Department of Ecology shall be used. Where e 'nt or conflict may occur in the exact location of a shoreline designation bounda in t ritten description of the boundaries shall be used (see Appendix "A"). A ' 'onally, sh uld there arise a conflict between the jurisdictional map and boundary des ti a he criteria that establishes the shoreline jurisdiction, the criteria shall take 20 SHORELINE MANAGEMENT JURISDICTION UPLAND DESIGNATION — 4 (urban, suburban, conservancy and natural) i a � I d j I I I i 1 I 1 OLKW. E l.T 1 200 FI . WETL 4NDS 90.58.030(t) --_—_—_---.—_____—_.-..1..�...�_� oLINES f. 31GNATION 77'. ,� �_� —Yea t RELINES OF STATEWIDE SIGNIFIMCE-r. 90.58.030I(2)(6)(W) 1 i ' W I 1 I CANAL 90.58.030 (2)(e)011)(C)-"-.-Y, FIG. 3 Wetland, iorelines, rivers and creeks, and lakes within 14STRUCTION Management Act is exempted from the rule (gram shall, therefore, be liberally construed and standards for which the act and this hand, exemptions from the act or Master I�MIson ��IN�111435974 �00 ;�. 21 435974 PING! 453 of 841 Jefferson County, WA " RnOUPC18 U/9412M 11 r40R R[60 8YB.00 3.30 APPLICABILITY 1. This Master Program shall apply to every person, individual, firm, partnership, association, organization, corporation, local or state governmental agency, public or municipal corporation, or other nonfederal entity that develops, ow leases, or administers lands, wetlands, or waters subject to this Master Program. 2. The applicability of this Master Program to federal agencies is as follows:-_ a. Federal agencies shall not be required to obtain per 'ts for deve p ents undertaken by the federal government on lands own i fee b th ederal government unless the federal government grants or r the state or local government substantial jurisdiction over activ' 'es on h e ds. b. The substantial development permit system shall ply on era] activities constituting developments undertaken la ds ect to nonfederal ownership, lease, or easement, even th u such may fall within the external boundaries of federal ownership. C. The substantial development permit st s a apply to developments undertaken on lands not federally owned un r lease, easement, license, or other similar federal property ig s short of fee ownership to the federal government. d. Federal agency actions shall be to t .th the approved Washington State Coastal Zone Management Pr a s 'ect to certain limitations set forth in the Federal Coastal Zofi�, M Act (16 U.S.C. 1451 et. seq.) and regulations adopted pursua t t r o. 3. This Master Program, inc u i g i s definition, purposes, goals, policies, and performance standards all p o all development that is within in whole or in part wetlands and sh res s d under subsection 2.121 of this Master Program. Further, all subst n is v p ent within the scope of this Master Program shall 1 obtain a shoreli e s n ' elopment permit from Jefferson County or the City of Port Towns n ompliance with the requirements of the Shoreline Management Act, ro iate provisions of WAC 173-27, and this Master Program, with the exc tion f se developments consistent with Subsection 3.40 of this Master Proer rr 22 435974 PO: 4M of I4i JOfforeon COLIntll, WA POPE RnOUMS RMW / M.60 40A 3.40 EXEMPTIONS 3.401 ADMINISTRATION Whenever a development is eligible for exemption under Subsection 3.402 of this Master Program, the proponent shall secure an exemption from the Plan ' g and Building Department prior to the commencement of the development. All applicati n for exemptions shall be made on forms supplied by the Planning and Building Depa a application shall be accompanied by a drawing of the proposed project. Proje r in exemptions shall be bound to the plan upon which the exemption is granted arty pti n hall expire one year after the date of issuance. Exemptions from the substantial development permit requi is a of xempt a proposed development from compliance with the applicable poli ie an tan ards of this Master Program or other applicable federal, state, or 1 a er it r icense requirements. A conditional use or variance permit may also b7- 3.402 Planning and Building Departmen 1. Any development of which does not exceed $2,500, z normal public use of th ate 2. Those develop a Management started but co le d without a e �e�t�1 fast or fair market value, whichever is higher, yelopment does not materially interfere with the shorelines of the state. ablished prior to the effective date of the Shoreline which was June 1, 1971. Substantial development to the effective date of the act shall not continue 3. Those ong in eve ments established after the effective date of the Shoreline Managem t t have already obtained permits in full compliance with the act and r.1 e e a pted thereafter, pursuant to WAC 173-27. 4. Develo ents u dertaken by the federal government on lands owned in fee by the fe ver ent, unless the federal government grants or reserves to the state or I c v nment substantial jurisdiction over activities on those lands. 5 o tru ' n by an owner, lessee, or contract purchaser of a single family residence for th er's or owner's family's use; provided the residence: a Does not exceed a height of thirty-five (35) feet above average grade level. Does not involve over -water construction and is located landward of the Ordinary High Water Mark (OHW". ?i 435974 Jefferson Gounty, MA POPE MOURNS REGO see. " C. Meets all other state and local requirements of this Master Program including residential setback requirements set forth in Section 5.160 of this Master Program. Single family residence means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership that are a normal appurtenance. An appurtenance is necessarily connec d to the use and enjoyment of a single family residence and is located landward of t rimeter of a wetland. Normal appurtenances include a garage, deck, drive , ti 'ti , fences, and grading that does not exceed 250 cubic yards and which not involve placement of fill in any wetland or waterward of the ordinary hi wat mar . 6. Normal maintenance or repair of existing lawful structures or a nts, including damage by accident, fire, or elements. Non-conformin se s a lopments are regulated according to WAC 173-27-080. Normal mai t nanc nclu s those usual acts to prevent a decline, lapse, or cessation fro la fu a ablished condition. Normal repair means to restore a developmen t stat parable to its original condition within a reasonable period after dec y or pa 'al destruction, except where repair involves total replacement that is not c m on r ctive or causes substantial adverse effects to the shoreline resource or environ nt. Common replacement of existing develo a that has been damaged by accident, fire, or the elements means: �\ a. The new development sse lsame as the original in location, size, configuration, and exterMteithin c b. The development wasand use at the time of adoption of the Washington State Sho ement Act (June 1971). C. The replacement co two (2) years after damage. n 7. Construction of the n ro ctive bulkhead common to a single family residence, provided the bu e d is ons cted at or near, and parallel to, the ordinary high water mark. A no a r ective bulkhead is constructed to protect land from erosion, not for t ur se of creating land. When a vertical or near vertical wall is being constru o e structed, not more than one cubic yard of fill per one foot of wall may a use as backfill. Where an existing bulkhead is being replaced, it shall be constructe her waterward of the existing bulkhead than is necessary for constru ion ootings. When a_ bulkhead has deteriorated such that an ordinary high t r r as been established 'by the presence and action of water landward of bu h , t en the replacement bulkhead must be located at or near the actual o in water mark. Beach nourishment and bioengineered erosion control proje s ay be considered a normal protective bulkhead when any structural elements a co i ent with the above requirements and when the project has been approved by e a ington Department of Fish and Wildlife. 24 435974 Pap: 456 of 541 Jaf forean County, WA POPE RESOl�110ES R,E60412M S11 `46A 8. Emergency construction necessary to protect property from damage by the elements. An emergency is an unanticipated and imminent threat to public health, safety, or the environment that requires immediate action within a time too short to allow full compliance with this Master Program. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon tement of the emergency situation the new structure shall be removed or any perm' t btained which would have been required, absent an emergency, under RCW 0. this Master Program. As a general matter, flooding or other seasonal eve at c e nticipated and may occur but that are not imminent are not an emerge 9. Construction of a barn or similar agricultural structure or a ds. onstruction and practices normal or necessary for farming, irri , n ranching activities including agricultural service roads and utilities on s a s, the construction and maintenance of irrigation structures, incluc ut o limited to head gates, pumping facilities, and irrigation cl e . ow er, feedlot of any size, all processing plants, other activities of a com cial n e, and alteration of the contour of the shorelands by leveling or filling o h -than t at which results from normal cultivation shall not be considered normal ne sa farming or ranching activities. A feedlot shall be an enclosure or cility use or capable of being used for feeding livestock hay, grain, silage, or of ' estock feed, but shall not include land for growing crops or vegetation for liv to ding and/or grazing, nor shall it include normal livestock wintering opera 'o 10. Construction or modificat' n, y r/i. n r the authority of the Coast Guard or a designated port managemet o i , f navigational aids such as channel markers and anchor buoys. This exem 'o oes not pertain to rafts, floats, or docks. 11. Construction of a new d c r ent of a single mooring buoy designed only for pleasure craft and the ri ate n-commercial use of the owner, lessee, or contract purchaser of an in a mily residence; provided said development does not - exceed $2,500 n or it market value and provided the mooring buoys do not extend wat d ore n the minus six foot or one fathom tidal elevation as measured f o t e ea ower low water.* (*See Administrative Interpretation, Page 107) 12. Operation, nt anc , or construction of canals, waterways, drains, reservoirs, or other faci ' ' t t ow exist or are hereafter created or developed as part of an irrigatio s for the primary purpose of making use of system waters, including return o an ificially stored ground water from the irrigation of lands. 13. Th property lines or corners on -state owned lands, when such marking d n si ificantly interfere with normal'piiblic use of the surface of the water. 14 a tion nd maintenance of any system. of_dikes, ditches, drains, or other facilities is i g n September 8, 1975 (the effective date of an amendment to RCW 90.58), h' h were created, developed, or utilized primarily as a part of an agricultural d ai age or dike system. 1 project with a certification from the governor pursuant to RCW 80.50. 16. ite exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this Master Program, if: ?q a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; C. The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under t i t n first posts a performance bond or provides other evidence of fin r n 'bility to the local jurisdiction to ensure that the site is re t pr a (sting conditions; and7� e. The activity is not subject to the permit requirements W .58.550 for oil or natural gas exploration in marine waters. 17. The process of removing or controlling aquatic oxi us eetls defined in RCW 17.26.020, through the use of an herbicide or r treat nt methods applicable to weed control that are recommended by a fi a envir n ental impact statement published by the Department of Agriculture o th ment of Ecology jointly with other state agencies under chapter 43 ICRC . 18. Watershed restoration projects as define he in. Local government shall review the projects for consistency with the shoreline t program in an expeditious manner and shall issue its decision along with a co it' within forty-five days of receiving ail materials necessary to review the re e r emption from the applicant. No fee may be charged for accepting 0 r c ss requests for exemption for watershed restoration projects as used in this s ti . p a. "Watershed restoratio p ojec eans a public or private project authorized by the sponsor of w ers e t ration plan that implements the plan or a part of the plan an n st or more of the following activities: (1) A p ct t at.' vo es less than ten miles of streamreach, in which less th n t - ' e cubic yards of sand, gravel, or soil is removed, im rte dis r ed or discharged, and in which no existing vegetation is re a except as minimally necessary to facilitate additional in ; (2) A prof for the restoration of an eroded or unstable stream bank that s the principles of bioengineering, including limited use of rock a s a ilization only at the toe of the'bank, and with primary emphasis sing native vegetation to.control the erosive forces of flowing water; \Or project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than QI 435974 Paso: 460 of 541 00/04/2000 11:4OR Jef Person Cou,1Y. WA POPE RE0OU M moo on.00 two hundred square feet in floor area and is located above the ordinary high water mark of the stream. b. "Watershed restoration plan" means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, a port, or a conservation district that provides a general program a implementation measures or actions for the preservation, restoration, -creation, or enhancement of the natural resources, character, and eco f a stream, stream segment, drainage area, or watershed for w . ag nd public review has been conducted pursuant to chapte fF�:�1 C the State Environmental Policy Act. 19. A public or private project, the primary purpose is i to improve fish or wildlife habitat or fish passage, when all of the follo in ap ly a. The project has been approved i riting the Department of Fish and Wildlife as necessary for the im ro ement the habitat or passage and appropriately designed and sited to ac om a intended purpose. b. The project has received by ulic proje proval by the Department of Fish and Wildlife under RCW 75. . C. The local government has dete in that the project is consistent with the local shoreline master p a e local government shall make such determination in a�ime y Baer and provide it by letter to the project proponent. J 20. Hazardous substance re d' a t' The procedural requirements of RCW 90.58 shall not apply to ro.j for ich a consent decree, order or agreed order has been issued under RC 0 or to the Department of Ecology when it conducts a remedial acti n r C 0.105D RCW. The department shall, in consultation with the ap is to overnment, assure that such projects comply with the substantive e i n of RCW 90.58, WAC 173-26 and this Master Program. SUBSECTIONS 435974 Pace: 469 of 541 4010412HO 11:46R Jefferson County. WA POPE RESOURCES RE90 ON -as SECTION 4 SHORELINE DESIGNATIONS AND PROJECT CLASSIFICATIONS 4.10 Shoreline Environmental Designations 4.20 Project Classifications 4.30 Shorelines of State-wide Significance 4.40 Existing Uses and Structures 4.50 Classification Table C) 4.10 SHORELINE ENVIRONMEN DES ATIONS The shorelines of Jefferson County, including the City Townsend's shorelines, are intrinsically different. They have been design to into five categories to provide a uniform and equitable basis to guide and evaluate develo a roposals that take place among the different shoreline areas. These five shoreline designations are shoreline designation map (see Appe suburban, conservancy, and natural) extending to the extreme low tide environmental designations. OThe e considered upland may ac designation for all water di s aq Master Program. Ther i . to io the intertidal zone. Pro' cts nco with both designations. 4.101 AQUATIC iri�dl held and are graphically portrayed on the " llie upland shoreline designations (urban, 4u tlands as defined in this Master Program, some instances, the upland may contain dual t instances occur where the area normally intense activity than the shoreline proper. The includes all shorelines of the state as defined in this overlapping of the upland and aquatic designation in g the intertidal area will be reviewed for consistency Definition. - The A u 'c ig 64: n refers to all water bodies, including marine waters, lakes, rivers, and streams, d eir pective water columns and underlying lands that are defined as shorelines 28 Policies 1. The aquatic environment should be managed for appropriate use activities, allowing either multiple use or single dominant use in areas of unique conditions, while recognizing and ensuring compatibility with adjacent upland shoreline designations. 2. Abandoned structures within the Aquatic designation should be removed when they no longer serve their permitted use unless retaining such structures ill provide a net environmental benefit, for example, artificial reef effect of concrete a c rs. 3. All structures placed on the water's surface should have as low a possible to minimize visual intrusion. 4. Potential conflicts with adjacent uses such as commerci i re r ation, and navigation should be considered in the review of pro ose a a is velopments. Developments should not be permitted where they wo 1 at 'ally interfere with existing uses. 5. Aquatic developments should not locate in areas a th Colo ical quality of the shoreline environment would be significant) a ad 6. Aquatic developments should be designed ocate o ensure that they do not have a significant adverse impact on natural dy a is pr a ses of shoreline formation or change. 7. Aquatic developments should m e mini appropriate use of approved pesticides, herbicides, antibiotics, ac 'nes, growth stimulants, or other chemicals. Operators shall receive prior review d roval for their use from the appropriate federal and state agencies. S. Only Federal and State appro d anti- uling agents should be used in aquatic developments. /Pk nce Standards 1. Structures, equip e a d`mat e als shall be removed as soon as practicable upon the cessation of a r e 's on or a structure's useful life. Any structure that is damaged or ks wa n e water shall be repaired or removed by the permittee as soon as pra ti P ittees who anticipate a temporary interruption of the use of a facility or st ct e m e allowed to keep it in its permitted location provided they notify and cea ritten concurrence from the Jefferson County Planning and Buildin a e t. Any structure not utilized for over one (1) year shall be remove egar 1 s of future anticipated use unless prior permission has been granted by t ferso County Planning and Building Department upon showing of good ca 2. er i t t e or developments in the Aquatic._designation shall be required to post a e r nce bond or other suitable guarantee to ensure removal of all structures, eq ip nt, and materials, should the project cease operation. The County may r q ire security beyond that required by the state if it is determined that state e irements are not adequate to secure removal of structures. �g 435974 1111P"W: 461 of "I 3. Permittees shall be liable for all damages to public and private property should their structures fail. The County may require liability insurance beyond that required by the State if it is determined that state requirements are not adequate to cover damages. 4. Aquatic developments shall not be approved in narrow channels, shipping lanes, or in other areas where they are a significant hazard to navigation. 5. All structures that could interfere with navigation shall be marked in accordance with the U.S. Coast Guard Private Aids to Navigation. 6. The maximum level for noise generated in the Aquatic designation shal b 50 dBA at a distance of 100 feet. This standard shall not apply to vessels that e way. All feasible methods shall be employed to minimize over -water noise en n. 7. Structures placed in the Aquatic designation shall blend into t ur undi g to the greatest extent feasible utilizing appropriate color(s), texture n-re a tive aterials, and other design characteristics. 4.102 NATURAL: 0 Definition A shoreline possessing unique or fragile features eithe n ural r cultural, that are essentially unaltered from their natural state or relatively intolera of man use other than that for passive activities. Included are those areas o ining hazardous or unique environmental conditions, such as highly erosive bluffs, tidal ma h . estuaries, and active landslides. Aquaculture developments and mechar modification through dredging, tre ' prohibited in wet lands and estuar'e7 Master Program. O 4.103 CONSERVANC I h e practices involving substantial substrate ae ging, or adverse sedimentation should be Natural environmental designations in this Definition An area with valua e na rAal; cultural, or historical resources or environmental conditions that should be pro a to , c nserved, and managed to the extent that a continual supply of those resources su i , water, timber, fish, shellfish; or wildlife are not degraded or depleted but re i 'ned. Also included are areas containing sensitive environmental conditions t ma li it the potential for development or use, including but not limited to steep es ' , o prone areas, eroding bluffs, marshes, bogs, swamps, and accretion shore forms . en residential and recreational uses are permitted provided these activities do n�t`snific tl degrade or deplete resources and respect limiting environmental condition. 30 43;5974 Pass: 492 of 541 NIO Jefferson county. WA POPE RESpLMI RZeee 11:4OR Eeo IN. so Policy To protect, conserve, and manage existing resources and valuable historical and cultural areas in order to ensure sustained resource stabilization and that sensitive natural conditions are not subject to inappropriate uses. 4.104 SUBURBAN Definition Areas where residential activity may approach urban density, permit space for small numbers of livestock, gardens, or wood h individual or community water supplies, but generally are no urban center. Commercial activities to serve the needs of t e '. an integral part of this designation. a w e densities ies eas are served by utilities from an a a are considered Policy To provide permanent residential and recreationa re u ide of urban areas, so long as development of these areas provides adequa facilities ewage disposal, water supply, open space, and the like without severe degradati t he lifestyle that was sought initially. 4.105 URBAN 0 e t on The urban environment is commercial, and industrikl c intensity use or mult applied to areas of to services are available 2. 3. 4igh intensity land use, including residential, Urban shorelines should be designated for high relooment. The urban designation may also be where the surrounding lan Policies d use is urban and urban Develop 'n urban areas should be managed so it enhances and maintains the shorelin r a riety of urban uses, with preference given to water dependent and wat e e es. Water -enjoyment uses that - provide access to and enhance en en of the shoreline for a substantial number of persons should also be given to 'ty i ban areas. _ f i 'en tilization of existing urban areas in a manner consistent with this program is n ura ed before further expansion into non -urban areas occurs. P e trian and visual access should be provided to and along the urban waterfront area. u is access to and along the water's edge should be coordinated in a walkway system nd linked to adjacent existing or future walkways. I WfOrSOn County, WA POPE REBOURCU RE .00 4. Urban development should provide for public views to the water. Wherever possible, the waterside of shoreline buildings should include windows, doors, and public areas that enhance enjoyment of the shoreline and present an interesting, attractive view of the development from the water. 5. Development in urban areas should preserve and enhance significant architecture and historic buildings. 6. Unique natural features of the urban shoreline, such as bluffs, dunes, d wet Iand areas, should be preserved and protected. 7. Parking facilities should be located on the upland side of buildi s rom the shoreline. 8. Internal and perimeter landscaping should be incorporated an t 'ned o screen parking facilities from the shoreline and adjacent properties. 4. Development within the shoreline urban area should be consist t wi other adopted plans, programs, or policies. Performance Standar 1. DeveIopment shall be limited to those uses hick c n be classified as a water - dependent, water -related or water -enjoyment u e. o -w ter -oriented development, while not preferred, may also be authorized nditional use provided said development recognizes the public acc s ' ective of the Shoreline Management Act and makes provisions for the public's c ti ed and enhanced enjoyment of the shoreline. Such provisions could a re ervation of shoreline views, the establishment of a public access ease e t ro and to the shoreline, enhancement of an adjacent street -end or park, � he c si ation commensurate with the degree of impact caused by the developmen 2. Provisions to enhance the pub ' ' u a enjoyment of the shorelines and waters of the state shall be included wj'th ge substantial developments or any change in principle property usene n it'onal use occurring along the shoreline. 3. Public access provisi sus a . a. Be of a en na re and shall be dedicated or otherwise protected, including eco de it the Jefferson County Auditor. b. Consider, si and availability, measures to protect private property from trespas , van is littering, and the like. C. Be su' a ly a ked to as to inform the public as to the extent, location, and availa 'lit a access. d. a co and available. for public use 'at the time of occupancy of the ve m nt. 4. A de to nt shall be setback at least fifteen (15) feet from the ordinary high water mark Yc pt those portions of water -dependent uses which require water access or a sh rel' a ocation, or as provided in Section 4.106(3). 5. i u natural features in the urban shoreline area, such as bluffs, dunes, and wet land areas, shall be preserved and protected. 32 435974 P1gs: 404 of 641 00104129M 11:40A Jefferson CeuntY. WA POPE RESOURCES RESO ON-00 6. Motor vehicle parking between a new structure and the water is prohibited. Parking shall be located no closer than fifteen (15) feet from the ordinary high water mark or unique natural areas such as bluffs, dunes, or wet land areas. 7. All new or redeveloped parking areas shall provide landscaping. Landscaping shall be provided between streets and the project site and between public access areas and parking areas, except at exits or when a building does not set back from a street. S. No fence, wall, hedge, or barrier greater than forty-two inches in h t shall be placed or enlarged nearer to the water than the building setback line. o ence, wall, or similar structure shall be placed waterward of the ordinary hig wat a k. 9. No development shall be approved for any new or expand '1 in r tructure of more than thirty-five feet above average grade Ievel that s ct view of a substantial number of residences adjoining the shoreline a a." 10. Run-off created by new impervious surfaces shall n c t e rate of flow or decrease the quality of storm water from pre -project o S. 11. Urban development should provide for public view t th ater. Wherever possible, the waterside of shoreline buildings shoul in de o s, doors, and public areas that enhance enjoyment of the shoreline n prese n interesting, attractive view of the development from the water. 12. Developments shall be designed so as not t to versely interfere with, or reduce the public's visual and physical acc is to the water and shorelines of the state. 4.106 PORT TOWNSEND URBAN W. Within the urban shoreline Townsend Urban Waterfront. basin on Thayer An( including that po follow, the Speci shoreline environwaterfront area icommercial and i 0 SPECIAL DISTRICT nviro�is the Special District designation of the Port nuthe t encompasses and includes the commercial boat st to the Point Hudson Resort area on the northeast, y Inlet. In addition to the policies and standards that bct to the policies and standards contained in the urban 4.105). The district is the most intensely developed includes two major marinas, water dependent and related as well as the Water Street National Historic District. The Water St*Fen?nt( ai'Historic District extends from Polk to Jackson Streets. This area is the urban co re of thecommunity and is dominated by activities and businesses that are on a waterfront location. However, water -related and water enjoyme s do exist in the form of parks,:'restaurants, street -end beaches, and piers tl�a r is an opportunity to enjoy the town's shoreline amenity. Policies /mixture and variety of uses and activities in the Port Townsend Urban Waterfront istrict is encouraged, particularly those that: T; 435974 Pass: M of 541 a. Provide an opportunity for the public to actively or passively enjoy the community's waterfront amenity. b. Are accessory to or support water dependent and/or water related uses. C. Blend with or enhance the character and flavor of the Port Townsend Urban Waterfront. d. Provide a physical link or connection open to the public between the upland and the shoreline. e. Are supportive and reinforcing of the design and architectural*aities of the Water Street National Historic District when located withi ot to its boundaries. 2. A public pedestrian walkway system should be established al ng he p cial bistrict's waterfront utilizing a combination of natural beaches, b lks, iers, wharves, street -ends, sidewalks, stairways, or other improvemen . t u 1 may not be feasible for the walkway system to be continuous throng t th ntire area, it should promote quality pedestrian access to and along Jor o .ons o the waterfront. The street -ends of Thayer, Decatur, Kearney, G i s, Sco , Walker, Calhoun, Tyler, Adams, Quincy, and Monroe Streets should, a a minim , become developed access points to the shoreline. Linkage between thes st - n should be determined by the physical characteristics of the shoreh es, exists velopment patterns, potential for structural improvements, and othe a ors relevant to developing a continuous pedestrian system. 3. Existing piers and wharves along th o w send Special District's waterfront should be refurbished or rebuilt in o d r/jo aintain a modern-day link with the community's maritime histor . h eAik ishment or redevelopment of existing structures may include a planned ix commercial development consistent with community and shoreline go s; o v , new over -water structures shall only be developed to serve water dep n ent s s. 77 ance Standards 1. New structure r ri alterations of existing structures located within or immediately adja nt o t ater Street National Historic District shall not detract from the design a rc 'tectural integrity of the district. To this end, plans for development s i clu a exterior elevations with enough design details to be evaluated by rop i to historic preservation agencies. 2. Public ac s ovis1 s shall include consideration for both physical and visual access to the s 1i aid provisions shall be coordinated with the Port Townsend Parks epa nt planned in conjunction. with an approved comprehensive public cc p , hen adopted, and shall provide a link between the shoreline and upland an or on ct with adjacent access provisions as exists or are planned. 3. The s b ck for non -water dependent elements of developments within the Port T e d Urban Waterfront Special District shall be a minimum of fifteen (15) feet fr e ordinary high water mark, except for those structures within the Water Street 34 435974 Pam: 466 of U1 0U0412000 11;40A a.ffor.on County, WA POPE RKWAC15 REBO 690.00 National Historic District where there is no standard minimum setback from the ordinary high water mark. 4. New or expanded structures within the Water Street National Historic District may extend up to fifty (50) feet in height above the average grade level of abutting improved public streets, except for structures located waterward of the ordinary high water mark, in which case the height shall not exceed thirty-five (35) feet as measured from mean higher high water (MHHW). 5. The redevelopment and revision of existing wharves and piers ma b permitted to serve water dependent or water related uses. Water enjoyment d n ter oriented uses may be authorized as conditional uses on these structure , vl e s h uses are integrated elements to an overall redevelopment plan ing 1 of following conditions: a. The redevelopment is to an existing, contrib ng t ctu ithin the Water Street National Historic District as recogn'zhe National Trust for Historic Preservation. b. The structure is recognized by ap r priate toric preservation agencies as having local and state-wide historic s' icanc . C. The structure has an established histo o mi d uses, both water oriented and non -water oriented uses. d. The redevelopment does n ceed the structure's historic, over -water footprint. C. Buildings and other stru r la to on the wharf or pier are approved by appropriate historic ese n a ncies as being compatible and reinforcing of the architectural it f� historic district. f. A significant element or o onent of the developed area is dedicated to water dependent and wa r- at es. g- At least o -thi d a£ pile supported structure including a perimeter walkway ' ca d or public access and enjoyment of the shoreline. All public a c s vi ions shall be completed and available for public use upon comp o he ' s component of the development. h. The e v o t will not result in a reduction in the amount of physical public ce to a over the water as currently exists. i. The ort Townsend shall be a party to a binding agreement to 9_ rante�e),,hat public access and enjoyment provisions are continuously 4.20 PROJECT .CLASSIFICATIONS De to tri posals are categorized within each shoreline designation as primary, econ itional, or prohibited uses. This priority system determines the proposals au iF=.erequirements and encourages activities that are compatible with each shoreline e-In allcases, the applicant shall have the burden of proof to show consistency with isions of the Act and this Master Program. '; S 435974 Jlff@Fson County wp pon � paw' 467 of 641 MO tan." During application review, the basic element or intent of a proposed development will guide in the determination of the proposal's particular use activity. When a proposal contains two or more use activities within a shoreline designation, each activity may be reviewed independently and the total project considered on the whole. In the review of a shoreline permit, consideration will be given to the cumulative impact the project may have with similar use activities. This review is to ensure that the suiting total effect will not thwart the intent and policies of the particular shoreline n 'ronmental designation, nor result in substantial degradation of the shoreline itself. In general, those categories of uses that are deemed as being policy of a particular shoreline designation. Primary uses are presumed to be generally consistent shoreline designation where it is located. P o1 s specific goals and policies and must comply wit e particular type of development being reviewedj!-\ Those uses that are not definition or policy of a I Applicants for she burden of proof to and icies and definition of the wed for consistency with standards specified for the red as being preferable w; environmental designation. the the be contrary to the general intent of the Shore -line Management ntrary to the goals, -p©licies, and performance standards of this 1 project will not materially interfere with the public use of public lands the private use of adjacent private lands. f project will not cause unnecessary adverse effects on the environment or ies and will be compatible with other permitted uses in the area. 36 435974 Palo: 469 cf 541 Jefferson County, WA POPE KSC=gB REBO �O� 601:40A 4.203 CONDITIONAL _.._ Definition Those uses that are deemed least preferable within the scope of the definition and policies of a particular shoreline environmental designation. While not prohibited outright, these uses are an exception to the general rule. A conditional use permit is intended to w for flexibility and the exercise of judgment in the application of regulations in a manner n istent with the policies of the act and this Master Program. Requests for a varianc ro a uses allowed within a shoreline designation shall be evaluated as a conditional us ect th criteria of this subsection, provided uses which are prohibited shall not be a t o ' e c ange of use from a permitted use to a conditional use requires a conditional u p m' . Criteria Applicants fo r or shoreline conditional use perm' s s all ve a burden of proof to demonstrate that they are in conformance with 173-7- 1b0, as amended, and all of the following: 1 ) 1. That the proposed use is consiste with the o icies of RCW 90.58.020 and the policies of the Master Program. 2. That the proposed use will not inte er with the normal public use of public shorelines. 3. That the proposed use of t e si e c es n of the project is compatible with other permitted uses within the �<JJ 4. That the proposed use will us n unreasonable adverse effects to the shoreline environment in which it ' to a d; and 5. That the public interes s ffe o substantial detrimental effect. In those limited instances where di 'on a is proposed, consideration shall be given to the cumulative im c ' 'ona requests for similar actions in the area. Furthermore, the S i e anagement Act requires that permits for variances and conditional uses mu be ubm' ed to the Washington State Department of Ecology for final approval. In authorizing�t,�nal use permit, special conditions may be required by Jefferson County, th iTownsend,or the Washington State Department of Ecology to control o ve adverse effects of a project or ;to further the policies of the Shoreline Mapy a en Act this Master Program. 4. 5 e`dev'el pments and uses by their nature are not consistent with the definition, policies, or inten ertain shoreline environmental designations. For the purpose of this program, these uses are not considered appropriate or applicable, therefore, they are not allowed. Uses that are prohibited within a shoreline environment may not otherwise be permitted without first amending the Master Program to allow said use. 4.205 UNCLASSIFIED Unclassified uses are those uses which are not classified in the foregoing definitions or in the uses listed in Section 5. Such uses shall be reviewed as a conditional use . cluding the applicant's additional burden to demonstrate that extraordinary circumsta c preclude reasonable use of the property consistent with the provisions of the Master r Appeals from the administrator's decision may be made under the provisions set fo Sect n 9 of this Master Program. ;F 4.30 SHORELINES OF STATE-WIDE SIGNIFICA Definition Shorelines of state-wide significance, with respect to Townsend, are identified as: and the City of Port 1. Those lakes, whether natural, artificial, or a c bin 'on thereof, with a surface acreage of one thousand acres or mor asured at the ordinary high water mark, including their associated wetlands. 2. Those areas of Puget Sound and adjac a wa rs and the Strait of Juan de Fuca between the ordinary high water m ine of extreme low tide, which are Hood Canal from Tala Point�t� F a Bluff, south to the Mason Jefferson County line, including their assoc to w la ds. 3. Those areas of Puget Sound a e tr it of Juan de Fuca and adjacent salt waters, north to the Canadian line a in a and from the line of extreme low tide. 4. Those natural rivers n t e of downstream from a point where the mean annual flow is meas rt a and cubic feet per second or more. In Jefferson County these rivers in i t it associated wetlands, are: a. The Clea at r Rx r rom the confluence of Miller Creek within Section 27, Township h, Range 12 West, WM, downstream, excluding federal lands, o t e Q ault Indian Reservation within Section 29, Township 24 Nort , ang 10 West, WM. b. The h from the Olympic National Park boundary within Section 29, ow i North, Range 10 West,: WM. downstream to the Hoh Indian se ti n within Section 20;"Township 26 North, Range 13 West, WM. h Quinault River from the east section line of Section 33, Township 24 o , Range 8 West, WM, downstream to the Hoh Indian Reservation within Se ion 20, Township 27 North, Range 13 West, WM. All dev��nt within shorelines of state-wide interest shall meet the following policies listed in descending order of preference: 38 435974 Pap: 470 of 541 09/0412000 1140A Jefferson County, MA POPE RESOURCES REDO 000.00 Policies 1. Recognize and protect the state-wide interest over local interest. 2. Preserve the natural character of the shoreline. 3. Result in long term over short term benefit. 4. Protect the resources and ecology of the shoreline. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shoreli s. 7. Provide for any other element as defined in RCW 90.58.10 ee ap ropriate or necessary. Performance Standards 0 1. All proposed developments within shorelines of st t "wii�igniricance shall comply with the appropriate provisions of this Mast r gra . 2. Forest management development and a i ities s' ate within two hundred feet abutting landward of the ordinary high a er ma ithin shorelines of state-wide significance shall only employ selective tim er n so no more than thirty percent of the merchantable trees may be rvested in ten year period of time; provided other timber harvesting may be er it ted in those limited instances where the topography, soil conditions, or silvicu ra ractices necessary for regeneration render selective timber cutting ecologica e i al; provided further that clear cutting of timber that is solely incide tat t ep ation of land for other uses authorized by the Shoreline Managemeni a d aster Program may be permitted. TION TABLE The environmental des' 'on and elopments and uses matrix on the following page provides a graphic re r ti o e policies and performance standards contained in this Master Program by,4 'cat' g p 'e t classifications. The matrix lists v iou uses at can occur within the shoreline environment on the left column. Environ t de 'gnations (obtained from Appendix "A" and "B" for any specific location ' the r c ty) are listed across the top. The classification is determined by following a use li a an designation line to their mutual intersection. The class'f' o f a project determines the level oUreview that it will receive. The matrix prmvid a iide the classification of project proposals. 39 ENVIRONMENTAL DESIGNATIONS URBAN SUBUR- BAN CONSER- VANCY NATURAL AQUATIC* ADVERTISING On -premise S S S X C Off -premise C C C X X AGRICULTURE S S P C NIA AQUACULTURE Passive Enhancement P P P C P Extensive Upland P S S X NIA Extensive Intertidal P S P S** <- Extensive Subtidai S S S S** �-- Intensive Upland P S S X NIA Intensive Subtidal S S S S <- BOAT LAUNCHES P P S COMMERCIAL Water -related P S S {-- and/or dependent and/or enjoyment Non -water dependent C C C X X*** DOCKS, PIERS, AND FLOATS S S C (- DREDGING FOREST MANAGEMENT S S S P C P X C NIA INDUSTRIAL AND PORT FACILITIES Water related P S C X and/or dependent Non -water dependent S C X X LANDFILLS Upland P S X NIA Aquatic S C X 4- MARINAS P C X MINING C C X F- MOORING BUOYS P P C F PARKING FACILITIES Vistas P P C C Non -vistas S C C C RECREATIONAL FACILIT Over -night S S X X Day use P S C RESIDENTIAL DEVELOPMENT P P S X X SCIENTIFIC AND EDUCATIONAL FA Li P P P S F SHORE DEFE S S S C C TRANSPOR FAC! I E P S = C C F UTIL IE P S C C C u P n ry S- Secondary C- Conditional X- Prohibited NIA - of p cable t- - Same as upland Projects in the aquatic designation that originate waterward of the extreme low tide (see Figure 3), but have been classified with an arrow +- shall be considered the same as the adjoining upland. "* See Section 5.30, Aquaculture, Policy #11 "* See Subsection 4.106, "Port Townsend Urban Waterfront Special District' for exception. 40 435974 Paul: 472 of $41 JNfa�seri CpuntY, NA POPE RE00tNtCp 11IN11111111111111119810412M 11:40A RE00 on.00 SECTION 5 POLICIES AND PERFORMANCE STANDARDS SUBSECTIONS 5.10 5.20 5.30 5.40 5.50 5.60 5.70 5.80 5.90 5.100 5.110 5.120 5.130 5.140 5.150 5.160 5.170 5.180 5.190 5.200 Advertising Agriculture Aquaculture Boat Launches Commercial Development Docks, Piers, and Floats Dredging Forest Management Industrial and Port Facilities Landfills Marinas Mining Mooring Buoys Parking Facilities Recreational Facilities O Residential Development 0 Scientific and Education Facijti Shore Defense Works /,_/ Transportation Fi(itie� Utilities The final guidelin of he o eline Management Act (WAC 173-16) established a format, including topics an oa de tnitions, for a number of potential developments and uses that could take plac in t s eline environment. The function of this section is to establish policies and pe f rm c standard for those activities. All shoreline developments and uses are required t l with these policies and standards when conducted within the geographi 1 i 'on of this Master Program : whether or not a shoreline substantial develop t m' is required. This section,. through the administration of shoreline permit a at s, 'mp ments the goals and policies (5f tfe Shoreline Management Act and this M er ro a as well as the definition and policies of each shoreline environmental Ahhpu- gVa proposed development appears to comply with the provisions of this Master Program, specific conditions that ensure such compliance may be attached as a condition of 41 435974 Jefferson CoMtY, MA POPE RESOURCES RESO sm. is permit approval. A shoreline variance permit is required to deviate from the minimum performance standards set forth herein unless specifically stated otherwise. The performance standards contained herein are intended to augment standards established through other land development regulations or stipulations. Where conflict arises between these and other applicable controls, the more stringent standard shall apply. 5.10 ADVERTISING Definition V Publicly displayed messages on signs, billboards, placards, or buildings dir ct att ion to promotion of a business, service, or product. On -premise advertising i h ch is actually located on the site of the business of service advertised. Prohibited Uses and Acti ' ' 1. Off -premise advertising signs and billboards. 2. Flashing and blinking signs. 1. Off -premise outdoor advertising sign&sdb ited to areas of highintensity land use such as commercial and industrial the shoreline jurisdiction. 2. Outdoor advertising, signs and i bobe in conformance with the standards of Jefferson County and the City fnd. 3. Vistas and viewpoints should n e eg ded and visual access to the water from such vistas should not be impaired e a ment of signs. 4. Outdoor advertising ns s oui be located on the upland side of public transportation rout p a I are adjacent to rivers and water bodies, unless it can be demonstrate t t i s ill not be substantially obstructed. 5. Artificial lighti g ig o ecurity shall be directed or beamed away from the water, public st ets, or 'a nt properties so as to not cause glare or reflection that may constitute a r r nuisance. Performance Standards 1. Recog ' e r icially delineated vistas or viewpoints shall be kept free of unne ary n . 2. i outdoor advertising signs and billboards are not permitted in the two d shoreline jurisdictional area. 3 On-p e ise advertising signs shall be constructed against or painted on buildings to ni i visual or access obstruction of the shoreline. 42 435974 Page: 474 of 641 Jsf ffrron County, Wx POPE RESOUIlM RRE180 599.80 :4019 4. On -premise signs shall not extend in height beyond the highest exterior wall of the building to which the sign relates. Signs shall not be erected upon the roofs of structures. 5. Artificial lighting for signs shall be directed or beamed away from the water, public streets, or adjacent premises so as to not cause glare reflection that may constitute a traffic or boating hazard or nuisance. 6. Flashing and blinking signs are not permitted on the shoreline area. No sign or part thereof shall consist of banners, posters, streamers, spinners, or of r imilar moving devices. 7. No signs shall be constructed or operated in a manner tha res o tracts from the effectiveness of navigational aids. 5.20 AGRICULTURE Definition The cultivation of soil, production of crops, or th aising 'vestock. Policies 1. Soils that are well -suited for agricu re, esources production, and open space should be protected. 2. Erosion control measures shoutVetard guidelines and standards established by the U.S. Soil Conservation/ ervi e Department of Agriculture. 3. Buffer zones on permanent✓ tald be encouraged between tilled areas and associated water bodies in or to surface runoff, reduce siltation, and promote valuable shade for fish ha iiia�s. 4. Vegetative cover i area s bje t frequent flooding should be encouraged. 5. Pesticides shoul e ,had d, and disposed in accordance with provisions of the Washington S at id pplication Act (RCW 17.21) and the Washington State Pesticide A 5. prevent contamination and sanitation problems. 6. Livestock a e h I e disposed in a manner that will prevent surface or ground water pollut o . 7. Commerc' a is hould be restricted from locating on shorelines unless they can satisfact r y onstrate no adverse environmental effects. Performance Standards 1. o ' n c trol measures shall conform to_ guidelines and standards established by the of Conservation Service and the U.S. Department of Agriculture. 2. a ici es shall be used, handled, and disposed in accordance with provisions of the a ington State Pesticide Application Act (RCW 17.21) and the Washington State ticide Act (RCW 15.57) to prevent contamination and sanitation problems. 3. ivestock waste shall be disposed in a manner that will prevent surface or ground water contamination. 435974 ften: 476 of 541 Jefferson Ceunty, IA POPE RESOURCES RESQ41590. 68 0A 4. Feedlots, corrals, stockyards, or facilities for the retention or storage of wastes from these areas are prohibited unless it can satisfactorily be demonstrated that no adverse environmental effects will result from such uses. 5. Watering for livestock along creeks, streams, rivers, and lakes shall demonstrate that: a. No other feasible watering method is available; b. Adequate provision are made to ensure existing water quality; an C. Adequate provisions are made to prevent erosion of soils and a ruction of vegetation. 6. Buffer zones or permanent vegetation shall be established and/ r in ined) b¢�tween tilled or grazed areas and associated water bodies to retar face no , reduce siltation, and promote valuable shade and habitat for fish or ache wi e. SECTION 5.30 AQUACULTUR 0 Definition Aquaculture is the farming or culturing of aquatic orga 's Aquaculture encompasses a wide variety of a,t cultivating, feeding, raising, and harvesting of pL• widely differing impacts on the aquatic and s re not meet the definition of development in i hand harvesting, are not subject tot s o ei Management Act and this Master Progra es including hatching, seeding, planting, s d animals. These activities may have e v onment. Those activities which do Program, such as beach culturing and Z permit requirements of the Shoreline Intensive aquaculture develo me t is th r aring within structures of aquatic organisms that are fed by the operator. In n i e q t re developments produce wastes in the form of feces, urine, and unconsuz4e e th t affect the bottom environment and water quality. Extensive aquacultur ntis the rearing within structures of aquatic organisms that feed on a naturally- c ing d supply. Passive aquacultur i e on-Aructural cultivation and/or harvest of naturally occurring or artificially seeded a u tic o g nisms that feed on a naturally occurring food supply. Passive aqua a ay include the cultivation and/or harvest of clams, oysters, geoducks, ghost sAiri dot r organisms in intertidal -or subtidal areas. P �s'v"'earisti a ltu� may also include measures to maintain or enhance the natural habitat ecessary for successful propagation and growth of cultivated or wild aquatic orga 's marine shorelines these measures could include adding gravel to shellfish beds in orde 'mprove shellfish habitat or creating artificial reefs. In streams or rivers these measures could include excavating pools, placing stream bed control structures, or adding 44 I�IIII�II�B�IIIPOPE KNWCES 435974 M spawning gravel in order to improve fish spawning or rearing habitat. These enhancement measures would be reviewed as passive aquaculture and in addition be subject to the other applicable policies and performance standards of this Master Program. Aquaculture can be carried out in subtidal, intertidal, upland, and fresh water areas. The subtidal area is seaward of the line of extreme low tide. The intertidal area is seaward of the ordinary high water mark and landward of the line of extreme low tide.ie upland area is landward of the ordinary high water mark. Aquaculture is further divided into floating aquaculture, where organi are s spended in water by pens, nets, or lines; seabed aquaculture where org i s re It ated and harvested along the bed of a body of water; and upland aquac re h re anisms are grown landward of the ordinary high water mark. For the purposes of these regulations, related development s c as cesolesale and retail sales, processing,packaging, and roduct storage i ies ark r% considered aquaculture P g P g q practices and shall be reviewed as commercial e e pment en conducted within the shoreline jurisdiction. Bleeding of fish shall not be considered as disposed of upland consistent with applicaw is collected on -site and then 1. Jefferson County encoura es qu at is consistent with the County's goals of maintaining water quality an m' i 'z' g incompatible uses. 2. Potential locations for a It a evelopments are limited due to factors such as water quality, water to p ratu an depth, substrate, dissolved oxygen, wave action, and in marine wa� sal i i riority should be given to aquaculture development in areas suitable r it s s those operations do not materially interfere with existing activiti s r e a atural resources. 3. Aquacultur e 1 nts ould locate in areas where biophysical conditions, such as tidal curren an wa t mperature and depth will minimize environmental impacts. 4. Potential co is it adjacent uses such as commercial fishing, recreation, and navigatio sho considered in the review of proposed aquaculture developments. Develo m nts h uld not be permitted where they would materially interfere with existing se . 5. C side ti should be given to , the posid.ve or negative effects that aquaculture lop en s may have on the aesthetic quality of the shoreline. & A a lture developments should be separated by a sufficient distance to ensure that si i i t adverse cumulative effects do not occur. u culture developments should not locate in areas where the ecological quality of t e horeline environment would be significantly degraded. 45 8. Aquaculture developments should be designed and located to ensure that they do not have a significant adverse impact on natural dynamic processes of shoreline formation or change. 9. Aquaculture developments should not degrade critical habitat areas. Aquaculture developments should not interfere with the migration of aquatic organisms except where specifically intended by the design or operation of the facility. 10. Preference should be given to technologies that minimize adver impacts to navigation and to the ecological and aesthetic quality of the state's shoreI! e 11. Aquaculture developments which require structures should be roh' i et lands and estuaries that are natural environmental designations in this M r a . 12. Aquaculture activities should make minimal and appropr' t se of p roved pesticides, herbicides, antibiotics, vaccines, growth stimulants, r ther c emic s. 13. Only Federal and State approved anti -fouling agents should use in aquaculture developments. 14. Established aquaculture operations should be protected r in o patf le uses which may seek to locate nearby. Demonstration of a ro a 't a such an adjacent use would result in damage to, or destruction of s c an a97 tune operation should be grounds for the denial of that use. Performanc Standard 1. Applications for shoreline permits for aqua It a developments shall provide relevant information as follows: a. Applications for shoreli p n-i for all aquaculture developments shall include a management e a w ' h hall contain a description of: (1) Existing shore i an at ymetric features; (2) Scheduf de e e t; (3) Spec s e t and their sources; (4) C e et h s; (5) y en ions of structures; (6) Es 'm d p ds, numbers, or volume to be harvested per year and (7) (8) i m ounds, numbers, or volume to be cultured at any time. i t e nd amount and feeding method, if applicable. e , uantities and treatment schedules for proposed use of pesticides, i 'des, hormones antibiotics, vaccines, or other chemicals. ator control methods. - icipated levels of noise, light, and odor and plans for minimizing their impacts. Waste disposal plan listing the types and quantities of anticipated waste materials and proposed disposal methods. This plan shall include mortalities, human wastes, aquaculture by-products, toxic materials, and operational solid wastes such as feed bags and garbage. 46 435974 Pass: 470 of 541 111011111111 0010412000 11;40A Joffarean Winty. WA POPE RGOURCE: RESO see." (12) Jefferson County shall reserve the right to require additional information as deemed appropriate. b. EXTENSIVE INTERTIDAL AND SUBTIDAL A UACULTURE DEVELOPMENTS (1) Population densities and location of geoducks, hardshell clams, Dungeness crabs, fish, sea urchins, sea- cucumbers, scallops, abalone, and shrimp and attached marine vegetation includiLat kelp beds, and macro algae. (2) Description of tidal current velocities and directmagnitude and direction of prevailing storm winds and w c. INTENSIVE SUBTIDAL A UACULTURE DE Applications for shoreline permits for inte iv tidal aquaculture developments shall include a site character' n baseline survey if required by the Recommended Interim G i e i s for Management of Salmon Net Pen Culture in Puget Sound th Piqferie Alternative of the Final Programmatic EIS for Fish Culture ' atin a ens, or subsequently State approved documents. d. INTENSIVE AND EXTENSIVE AND A UACULTURE DEVELOPMENTS Applications for shorelin ermits or intensive and extensive upland aquaculture developments s p vide a detailed analysis of potential impacts to animals, plants, and orate u t ue to the discharge of waste water from the development in co ace ith the applicable Washington State Department of Ecol t discharge permit. C. Applications for sh e eri s for floating aquaculture development shall include a visual assessm t n orming to the Washington State Department of Ecology's Aqua t e 't' Study and a photo or computer simulation demonstrat' g th evel p ent's appearance from the nearest shore, from atop the near a an d from typical shore and bank -top view points, if any, wi i 0 et. elayed release enhancement facilities which are sited in exist' ari s s 1 not be required to provide this information. f. Ap is I or oreline permits for subtidal aquaculture developments shall provi a of o application for an aquatic lands lease from the Washington Sta m nt of Natural Resources. g. PFI-icati s for the mechanical or hydraulic harvesting of subtidal and i t id enthic infauna such as hardshell clams or geoducks shall provide a ten sessment for each tract area containing the following information: 1) Tract size and location; (2 Harvesting techniques; _ Resource and resource abundance (amount, distribution, and diversity); 4) Associated flora and fauna (amount, distribution, and diversity); (5) Substrate composition; (6) Relationship to an approved state-wide management plan; (7) Relationship to other permits, rules, and regulations; (8) Assessment of tidal current direction and velocity; 47 (9) Proposed method for marking tract boundary. 2. Operators of aquaculture developments shall provide relevant reports as follows: a. EXTENSIVE INTERTIDAL AND SUBTIDAL AOUACULTURE DEVELOPMENTS Operators of extensive intertidal and subtidal aquaculture deve ments shall submit to the Jefferson County Planning and Building Depart— (1) Copies of any regular reports required by the n State Department of Fisheries regarding environmental as m (2) Timely notification of mortalities above the predi at and h likely cause. b. INTENSIVE SUBTIDAL AOUACULTURE DEVED S Operators of intensive subtidal aquaculture de e e is ha submit the following to the Jefferson County Planning and ui ding D partment: (1) Copies of reports detailing th in ing o r lar monitoring as required by the Recommended n rim G e Ines for the Management of Salmon net Pen Culture in P g Soun , he Preferred Alternative of the Final Programmatic (EIS) f ture in Floating Net -Pens, National Pollutant DisclWge EIim n System: permits (NPDES) or subsequently adopted do m ts; (2) Timely notification of mort 'tie above the expected rate and the likely cause. (3) Application rec rds f c icals used in conjunction with the operation inclui eed nes or additives for disease control, tank cleaning chemicals, d er hazardous material. 3. Aquaculture develop ents h 11 n t e approved in narrow channels, shipping lanes, or in other areas wh re i ificant hazard to navigation. 4. Applicants for flo ti u ture developments shall demonstrate through a visual assessment that de elo e t would have no significant adverse impact on the aesthetic qualit e o line. S. Floating aquacu qre eve ments shall be sited and oriented in a manner that most effectively dis s el waste products and minimizes water quality degradation. 6. Aquacultur o ments should be separated by a sufficient distance to ensure that significant d rse ulative effects do not occur. 7. Intensi t e developments shall be sited no closer than two (2) nautical miles fro e o hs of Type 1 rivers .and streams and one nautical mile from Type II tre s ro ' ed that a lesser standard ,mom prevail based on a finding by the in o Department of Fisheries that no adverse impact would result. Delayed re se in ish developments, hatcheries, and upland tank farms shall be exempt from this r lation. 8. i nts for aquaculture development shall demonstrate that the proposal will not resu t in adverse effects to estuaries that are designated Natural in this Master Program or to the Protection Island National Wildlife Refuge. 48 435974 Page: 40 of 541 SSI9412M 11:48fi Jaffarsen County, NR POPE R CKOCES RESO M.OS 9. Intensive subtidal aquaculture developments shall not be located within 300 feet of habitats of special significance as defined in the Recommended Interim Guidelines for the Management of Salmon Net Pen Culture in Puget Sound if those habitats are located in depths less than 75 feet at mean lower low water. Habitats of special significance include eel grass and kelp beds, rocky reefs, geoduck, and hardshell clam beds, and significant populations of Dungeness crabs, herring, and finfish such as ling cod, true cod, sole and flounder, rock fish, cabezone, and sea perch. 10. Intensive subtidal aquaculture developments shall not be located it in 1,500 feet of bird and mammalian habitats of special significance including s s a lion haulout areas, seabird nesting sites or colonies, and areas is specificall i ' led s critical for feeding or migration of birds and mammals. 11. Aquaculture developments shall be located so as not t mat ri lly ' terfere with navigational access to waterfront property and public recre on as. 12. Aquaculture developments shall obtain all require s e e al waste discharge permits prior to commencing operation. Copies of al was a disc rge permits shall be provided to the Jefferson County Planning uil 'n a artment. 13. Aquaculture developments shall be desig a and c strutted to harmonize insofar as possible with the local shoreline environ a t. Aq c ltural structures and equipment shall be of sound construction and shal be 'ntained. Abandoned or unsafe structures and equipment shall be r moved or ed promptly by the owner. 14. Maximum surface area encamp intensive subtidal aquaculture developments shall not exceed two (2) acres. 15. Reflected glare or direct light g era quaculture developments other than that produced by navigational aid a inimized to the greatest extent possible. Lighting fixtures shall bn d ai4 ooded to prevent the light source from being directly visible from outsi a undaries of the property. The intensity or brightness of all security/x tin h 11 not adversely affect water areas and vessel traffic or the use of surrounds g pro a ies or adjacent rights -of -ways. 16. The operators ua evelopments shall -control odor through the proper storage and is o o e and other organic materials and by maintaining a clean operation. eci is p n r identifying and controlling odors shall be developed and approved t ermit approval process. 17. Overwater tru ures purtenant to floating aquaculture developments such as work shelters, i arters, and storage sheds shall be prohibited. An attendant workb a i is used for regular navigation and also provides the above functions and sa it ry f ci ities may be approved and conditioned. 18. To h ' t o oating structures and associated equipment shall not exceed six (6) feet i bove the water's surface. 1 n ethal predator control measures shall be used against birds and mammals. da r control methods shall comply with appropriate federal and state rules. 20. ua Iture activities shall make minimal and appropriate use of approved pesticides, e bicides, antibiotics, vaccines, growth stimulants, or other chemicals. Operators s 11 receive prior review and approval from the appropriate federal and state agencies. 21. my state and federal approved anti-foulants shall be used in aquaculture developments. 49 435974 Pyr: 481 of 541 ""Grion County, to POPE RESOURCES RESO O ON1:4OR 22. Waste materials or aquaculture by-products except shellfish shells shall not be disposed of in the aquatic zone. Wastes disposed of upland shall meet all applicable state and county waste disposal standards. 23. Processing of aquaculture products shall not occur in or over the water except for sorting or culling of cultured organisms and washing or removal of surface materials or organisms. All other processing and processing facilities shall be located onland and shall be governed by the applicable policies and performance standards f this Master Program when located within the shoreline jurisdiction. 24. Proposals for the mechanical harvesting of subtidal and intertidal b i in auna such -as hardshell clams that involve substantial substrate modification a ocessed under the policies and performance standards of Section 5.70 red i in a d ion to the provisions of this section. 25. Aquaculture developments that require structures shall be pro it i wet lands and estuaries which are Natural environmental designations i is s r ogram. 26. Aquaculture developments that culture fin fish shall on se . s rin of brood stock that has been approved by appropriate state and f la en ecords of the source of brood stock and the genetic background o s is s a e maintained and made available to the County upon request. 27. Upland aquaculture developments in Suburba a Co se ancy designations shall be screened from view from adjacent residential o ecre 'oval areas by fences, berms, and/or vegetative buffers. 28. Floating aquaculture developments sha o e located within 1,500 feet of public parks and designated Historic District es v ual assessment demonstrates that no significant impact on the character o tlao$e_a would result. 5.40 Slabs, pads, planks, rails, o g o s ed for launching boats by means of a trailer, hand, or mechanical device. Policies 1. Boat launche ou 'nstalled in such a manner as to minimize adverse effects on natural and h sic a s oreline resources. 2. Boat launch be installed as to not unnecessarily interfere with the rights of adjacen pro ners, nor with adjacent water uses. 3. Publi at u hes should be located with regard to anticipated future needs of the Performance Standards 1. oat 1 nches shall be located with regard to favorable conditions related to wind, current, and bathymetrics. 50 435974 Pap: 492 of D41 mill 111111111111111111111111111111 M 10412M 11 : 4M Jefferson County, WA POPE RESOURCES REDO 5 0.00 2. Boat launches and ancillary facilities shall be located, designed, constructed, and operated as to minimize adverse effects of fish, shellfish, wildlife, water quality, and existing geohydraulic shoreline and stream processes. 3. Adequate off -road parking and loading areas shall be provided. 4. Parking and loading areas shall be located away from the immediate water's edge and beaches. 5. Design of parking and loading areas shall assure that surface run does not pollute adjacent waters or cause soil or beach erosion. 6. Ample room for the handling and maneuvering of boat trailers a ade available at the launch site. 7. Provisions shall be made as to facilitate orderly launching a i al o ats, as well as the movement of vehicles and trailers in the launching re"U 8. Boat launches shall be located, designed, constructed, era d to not necessarily interfere with the rights of adjacent property owner , n e ith adjacent water uses. 9. Boat launches shall provide adequate on-s;Maste e ag n to disposal facilities and a means for effective operation. 10. Boat launches shall be clearly separated frarby s imming areas. 11. Docks and floats associated with boat s 11 conform with the applicable policies and performance standards thirogram. 5.50 COMMERCIAL DEVELOPMENT O� �11L I1 Uses and facilities that are involved ' o esale or retail trade or business activities. Water dependent commercial uses a os mercial activities that require location on the shoreline by reason of th�Pintri s c na ui e of their business. Uses and Activities 1. Non-wate �t�tmmercial developments, activities and uses and portions of water-depe d t ements which do not require water access or a shoreline location o 'bi d over water except as provided for in this section and Section 4.106. Policies ri ity ould be given to those commercial developments that are particularly e nt on shoreline locations or that provide a substantial number of people to a 've y or passively enjoy the shoreline. �o mercial developments not requiring shoreline locations should be located inland. assessment should be made of the effect a commercial structure will have on a scenic view significant to a given area or enjoyed by a significant number of people. 4. Parking facilities should be placed inland of the proposed use and away from the immediate water's edge and recreational beaches. 5. Location of commercial activities should be consistent with local plans, codes, and ordinances. 6. Adequate parking facilities should be designed commensurate with the level of the commercial activity. 7. Water oriented commercial is preferable to non -water oriented com rcial in the shoreline area. 8. Commercial developments that are not water dependent or water -re a ortions of water -dependent or water -related developments which do not ui ate access or a shoreline location should not locate or be constructed ov r ater x ept as provided in Section 4.106, unless said use or activity is clea cces o to a water dependent or water related development and no upland or st ctu alternative is feasible. Performance Standar 1. New commercial developments shah be to t d adja e t to existing or planned commercial developments which are consisten provisions of this Master Program, whenever practicable. Develo ment sha ited to those uses which can be classified as a water -dependent, wat -re ted or water -enjoyment use. Non -water - oriented development, while not preferre m also be authorized as a conditional use. Commercial development shall re na he public access directive of the Shoreline Management Act and rn v. 'ons for the public's continued and enhanced enjoyment of the shir in tic rovisions could be the preservation of shoreline views, the establishme lic access easement across and to the shoreline enhancement of a a 'ac t reet-end or park, or other consideration commensurate with the degr e i ct caused by the development. 2. Provisions to enhanc t It ' s and enjoyment of the shorelines and waters of the state shall be in e o -enjoyment and non -water -oriented uses involving new substantial e e e s any change in principle property use to a new conditional use c a ng a shoreline. 3. Public access oro isi s s 1! a. Be o e ahint nature and shall be dedicated or otherwise protected, incl d ng r c rding with the Jefferson County Auditor. b. Con 'd esign and availability measures to protect private property from tres s, andalism, littering, and thelike. C. e s .ta ly marked to as to inform the public as to the extent, location, and a 'lability of the access. B mpleted and available for public use at the time of occupancy of the 4. rx�m rcial developments shall be located away from the immediate water's edge (OHWM) a minimum of fifteen (15) feet except water -dependent uses and as provided 52 5. 6. 7. 8. 9. 10. Nw�N�t�uw�WN.s��=rJefferson County, WA POPE RESOMM MEN M. " for in Section 4.106. Where feasible, parking and loading areas shall be located away from the immediate water's edge. Design of parking and loading areas shall assure that surface runoff does not pollute adjacent water or cause soil or beach erosion. Advertising and signs shall comply with applicable policies and performance standards of this Master Program. Water supply and waste disposal facilities shall comply with i standards, and regulations. New or expanded structures shall not extend more than thirty-f average grade level except as provided for in Section 4.106 when s obstruct the view of a substantial number of adjacent reside ces o Parking facilities shall be designed to accommodate levI commercial activity. Commercial developments that are not water depen nt o e of water -dependent or water -related developments ich o no or a shoreline location shall not locate or on t vei fished guidelines, height above lot)ment will anticipated elated and portions quire water access the water except as provided in Section 4.106 unless said us o lvit early accessory to a water dependent or water -related development a d no p and or structural alternative is feasible. 11. Upland commercial or industrial structures ' Sub an or Conservancy designations shall be screened from view fro a 'cent residential or recreational areas by fences, berms, and/or vegetative buffers. 5.60 DOC , AND FLOATS 0 i tions flo ti u Docks are fixed structures g n ater bodies, secured to piers or to the shoreline. Piers are fixed, pile-srte ru res secured to the shoreline. Floats are floating structures that are m a r otherwise secured in the water but are not connected to the shoreline. B at u s e covered structures used for the storage or moorage of watercraft. Fetc 's in as he distance of open water over which the wind blows, especially in the ed in t irection of storms. Marinas are regulated under Subsection 5.110 Marinas. in buoys are regulated under Subsection 5.130, Mooring Buoys. Floating struct res as ci d with aquaculture projects are evaluated under Subsection 5.30 Aquaculture. Prohibited Uses and -Activities c iers, floats, and boat houses to be used for residential purposes. 2. oc piers, and floats on streams and rivers, except for water -dependent uses. o ered moorage or boat houses over water except within marinas. 4. i waterward of the ordinary high water mark or within a marsh, bog or swamp to ccommodate a dock, pier, or float except as provided for in Section 5.100 Landfills. 53 435974 466 of 541 Jefferson County, WA POPE RE6OURM RRESO �6� 811:40A 5. Docks, piers, and floats in the Natural designation, except to serve public access, interpretative, or observation areas. b. Private, noncommercial docks and piers which extend waterward more than 15% of the water body width where boat navigation would be restricted, measured at high water to the closest opposite shore. Policies 1. The type, design, and location of docks, piers, floats and boat e s ouId be compatible with the shoreline area where they are located. Consi a sh uld be given to shoreline characteristics, shoreline resources and pro s ind a wave action, tidal action, aesthetics, and adjacent land and water use 2. In order to reduce the proliferation of structures on the shoreli ing buoys are preferred over docks, piers, and floats. ,point -use docks, p' r an at , whether new construction or expansion of existing facilities, are encou a ed o e pri te, single -user docks, piers, and floats. 3. The siting of docks, piers, and floats should be d' coura a ocations where critical physical limitations exist, such as: gently-slopi g botto igh wind, with fetch over one mile; wave or current exposure; high littora dr' - u t Ie and/or feeder bluffs; or very narrow bays. Examples of favorable lcats ude, but are not limited to Mystery Bay, Mats Mats, Port Ludlow, I n leasant Harbor. 4. Docks, piers, floats, and boat houses sh 1 e designed and maintained to avoid adverse impacts to the environment to h eline aesthetics, and to minimize interference with the public use of th a er a private use of private property. 5. Docks, piers, boat houses, and o s s l aintained to provide a reasonable level of safety to users. Standards 1. Boats that are occu ; ha \-" permitted to moor at private docks, piers, and floats longer tha t e ys unless pump -out facilities are available in the immediate vicin't . 2. The design, loc io an c struction of docks, piers, and floats, as well as their subsequent use, s v ' adverse effects on fish, shellfish, wildlife, marine vegetation, water quality and o raulic processes. Construction methods shall minimize the use of matey' i haz r ous to the environment. 3. All lumber a d e materials treated with preservative shall be sufficiently cured to minimi a le into the water or shone bed, in accordance with the Best Man en t r ices approved by the -Washington Department of Fish and Wildlife. 4. ks, i oats, and boat houses shall be designed and constructed to minimize h ar to rs and to be capable of withstanding the historic extremes of wind, wave, and t' es at their location. 5. Docks, iers, and floats shall be located, designed, and operated to minimize i erf ence with the public use of the water and private use of private property. Floats and docks on lakes shall be preferred over piers. 54 435974 pa"; 4" of 541 0418412M 11 MA Jefferson County. WA POPS RKSOURC55 R550 555•04 6. Railings, if provided, shall be of clear or open framework design and conform to the Uniform Building Code where required. 7. Utility service on docks and piers shall be placed on or under the deck. Overhead utility service is prohibited. Lighting shall be shielded to prevent unnecessary glare off - site and to minimize hazards to navigation. Overhead lighting for recreational structures shall be prohibited. 8. New waterfront subdivisions shall make provisions for the estab ' ment of one or more joint use facilities. 9. An applicant for a new or expanded private recreational dock a e shall provide for joint use with the owners of immediately adjacent shore ' i , unless the applicant establishes that joint use is not feasible. Such joi t s all b efined by a mutually accepted and legally enforceable joint use agr em nt h t sha 1 address, at minimum the following: a. Apportionment of construction and mainten n e ex a -ses, b. Easements and liability agreements, C. Use restrictions. Prior to construction, the applicant shall "ovi o mentation to Jefferson County demonstrating that the owners of t adjoinin eline properties have been notified of this requirement. 10. Docks, piers, and floats shall be pro i it on streams and rivers, except for water- inimum necessary for the purpose and dependent uses. Such a facility al t shall be removed at the ter inat o e se. 11. Setbacks for accessory de R s be as specified under Section 4.105 Urban, Section 5.50 Commercial De , and Section 5.160 Residential Development. 12. Docks, piers, and floats s a red as necessary to avoid hazardous conditions for water surface users as sp c Pied 6� the U.S. Coast Guard. 13A. Private, non -co ia`l�pind docks shall extend from shore no farther than necessary for n The allowed length of a structure offshore from the ordinary hi ate m all be no farther than the distance necessary to reach 8.5 feet of wa e a mean low water tidal elevation (about 5 feet water depth at extreme to tid or feet perpendicular to the shoreline, whichever distance is less. For joint fa in , the maximum length from shore shall be increased 35 feet for one or io al moorages provided, and an additional 35 feet for three or four additio a mo r ges, for a maximum permitted length of 195 feet. 13B. "T" "L or i ger docks shall be used when it is- possible to provide the required ^ ooNe epth and spaces with less total dock length from the shoreline. 55 13C. 14. 15. 16. 17. 18. 435974 Pap; 487 of 641 OEIE412OOO 11:4OR Jefferson Coup t Y , WA POPE REiOt01 M MM 6N . N Where there are existing docks and piers which exceed these length requirements within 300 feet of both sides of the proposed site, the length of the proposed structure may be as long as the average length of those docks and piers. In those instances where an existing dock or pier which exceeds these length requirements is within 300 feet of one side of the proposed site, the length may be the average between the allowed length specified in 13A above, and that of the adjacent structure. Participation in joint use docks and piers shall be limited to lot owners i a subdivision with water frontage (Performance Standard Number 8) or owners o waterfront property in close proximity to one another (Performance Standard Docks and floats shall not extend more than three feet in height a o e w ) ter nor exceed eight feet in width. Piers shall be constructed to the min' ight a essary above historic extreme high tide and shall not exceed eight fee I widt . Total individual float area shall not exceed 160 square feet in siz . In areas of seasonal exposure to high wind and waves, d s an o vessels shall be moved to a protected location during that time of ye r he igh ind and waves are anticipated. Docks and piers shall be setback a minimum o 1 et fr roperty lines except for joint use docks and piers, which may be loca a adjace t o or upon a property line when mutually agreed to by contract or cove an wit t e owners of the adjoining property, a copy of which shall be filed with the unt Auditor and submitted with the shoreline permit application. 5.70 DR G O D The removal of earth, sand, gravel, sil , o or other water bodies and associa a infrequent removal of materi om A Policies Im the bottom of a stream, river, lake, bay, Maintenance dredging is the periodic or d areas. 1. Dredging shoulda ntr a so as to minimize damage to existing ecological values and natural resour a th the area to be dredged and the area for deposit of dredged materials. 2. Long range la s s Id be developed for the deposit and use of dredge materials on land. Dredg m i disposal sites in water areas_ should also be identified by local govern ent cooperation with the Washington State Departments of Natural Reso e , e and Fisheries. 3. osi ' g f redge material in water areas should be allowed only for habitat i ro me to correct problems of material distribution adversely affecting fish and she i esources, or where the alternatives of depositing material on land is more i n al to shoreline resources than depositing it in water areas. 56 :3sy,.0 4. Dredging of bottom materials for the single purpose of obtaining fill material should be discouraged. Performance Standards 1. Dredging shall cause no more than minimal damage to water quality, fish, shellfish, essential marine biological elements, and other natural resources. 2. Dredging shall cause no more than minimal disruption of na u geohydraulic processes along shores and streams. 3. Dredging operations shall be scheduled so as to not mat e with the migratory movements of anadromous fish. 4. Dredging shall not cause unnecessary interference wi 4igti n or unnecessary infringement upon adjacent shoreline uses, properties, a es. 5. Dredged material shall be deposited on upland sit en ve o sible and only on those sites authorized by'the shoreline substantial d v op e t permit. b. Dredge materials deposited on upland sites a on itu a ndfill and when deposited within the geographical jurisdiction of t i aste rogram shall comply with the applicable performance standards. 7. Depositing of dredge materials in water are s e lowed only: a. For wildlife habitat impro t; or b. To correct problems oftma is distribution adversely affecting fish and shellfish resources; or C. When the alternatives iti material on land is more detrimental to shoreline resourcet e o g it in water areas; or d. In dredge material o 1 as authorized and delineated by the state and county; or e. For the enhance nt o goo ydraulic shore processes by beach feeding. 8. Depositing of r eira' in water areas shall be done in a manner that does not unnecessaril sru t n ur I geohydraulic processes or interfere with the use or value of adjacent p 'es. 9. Maintenanc d dgin hall only be conducted upon the completion of a dredge materials ma a m t plan for the site based on compliance with the policies and perfor n st ds of this subsection. 10. Propos ]s for mechanical harvesting of subtidal and intertidal benthic infauna such as ha ds e a s, excluding geoduck harvesting using handheld equipment, shall be p o sse as conditional uses under, the policies and performance standards of this e 'on ' t ey involve substantial substrate modification through dredging, trenching, i in or adverse sedimentation. 11. p s for the mechanical harvesting of subtidal and intertidal bethic infauna such a h rdshell clams that involve substantial substrate modification shall not be permitted n elp beds or in eel grass beds unless approved by the Washington State Department Fisheries. 57 435974 Pa0s: 400 of 041 00/0412000 11:40A Jefferson County. NA POPE RE00URCEi RE00 600.00 5.80 FOREST MANAGEMENT Definition Those methods used for the protection, production, harvesting, and transporting of timber resources. Processing of timber by industrial or manufactured means is to be considered under the industrial subsection of this Master Program. /11 Policies 1. Seeding, mulching, matting, and replanting with mixed species n the t the ss ould be accomplished where necessary to provide stability on areas tee sl pe t have been logged. 2. Special attention should be directed in logging and thinni op a ' n o prevent the accumulation of slash and other debris in contiguous watt at r ays. 3. Proper road and bridge design, location, and con i aintenance practices should be used to prevent development or roa s struc that would adversely affect shoreline resources. 4. Timber harvesting practices in shorelines of the st a sho 1 be conducted to maintain the state board of health standards for public wate u pi . 5. Logging should be avoided on shorelin th slopes of such grade that large sediment runoff will be precipitated, unless adeq to storation and erosion control can be expeditiously accomplished. 6. Assurance should be given that t' r sting on shorelines of state-wide significance does not exceed tims ' Is e ablished in RCW 90.59.150, except as provided in cases where selects s s rendered ecologically detrimental or is adequate for preparation of la n he uses. 7. Logging within shoreline ar a h e conducted to ensure the maintenance of buffer strips of groun ege at' n, sh, alder, and conifers to prevent temperature increases adverse to ' I 'ons nd erosion of stream banks. 8. Known big game aza as ould be preserved or maintained free of barriers and debris. 9. Roads, bridges, v s, similar devices should afford maximum protection for fisheries resource . Performance Standards Roads and Rel ed es 1. ds fated structures shall be located as follows: a. )V�henever possible, roads shall be located on natural benches, ridge tops, or o her areas where minimum alterations of natural features such as soils will 58 433974 Page: 400 of 541 111011111111 0010417000 11:40A Jaffe non County. WA POPE RE00URCEs1 REGO 600.00 b. Roads shall be located to avoid steep narrow canyons, slide areas, slumps, swamps, marshes, wet meadows, and the like. C. Roads shall be located to provide buffer areas along streams and other shorelines. d. The number of waterway crossings shall be minimized. Unnecessary duplication of roads shall be avoided by making use of existing roads where practicable. 2. Roads and related structures shall be designed as follows: a. Road drainage shall be designed to control the dis o urfa"enoff from roads and exposed soils in order to minimize to id wat r rom drainage into waterways. b. Earthwork shall be designed to provide a an rr w areas that will produce a minimum of erosion, water turbi it an a sthetic damage. C. Cut and fill slopes shall be designed th no a a e of repose or less. d. Cut and fill areas shall be protect rom a 'on by mulching, seeding, use of headwalls, or other suitable means. e. Road and waterway crossings sha n e ider than to accommodate the anticipated means. f. Waterway crossings shall b e ' ned so the integrity of the naturally occurring geohydraulic process is maintai g. Waterway crossing shall es' e provide minimal disturbance to banks. h. Culverts and similes de i I a designed with regard to fifty year storm frequencies. v i. Bridges and similar is s be designed with regard to one hundred year flood frequencies j. Roads, bri ges, ve , nd similar devices shall afford maximum protection for fishe reso ce . 3. Roads and meted sfjuc`ture� shall be constructed as follows: a. Exc s terial/shall be deposited in stable locations and not into stream co . r w re such materials degrade water quality, impede flood waters, or b. N�mat ra y occurring geohydraulic processes. c finery shall operate within a stream bed except in compliance with a dra cs permit issued by the Washington` State Department of Fisheries and shington State Department of Game: material associated with road .construction that is potentially unstable or �rodible shall be stabilized by compacting, seeding, mulching, or other suitable means. All roads and drainage systems shall be maintained to prevent erosion and/or water quality degradation. C. Excess material accumulated during maintenance of roads and drainage systems shall be deposited in stable locations and not into stream corridors where such 59 435974 Pals: 401 of 641 Jafforam County, WA POP[ RE#pUI1C[6 00104/ N 086 11:46R RESmaterials would degrade water quality, impede flood water, or alter naturally occurring geohydraulic process. f. Mechanical apparatus, rather than chemicals, shall be used for brush clearing maintenance wherever practicable. g. Herbicides used for maintenance along roads and drainage systems shall follow the applicable performance standards of this Master Program. Forest Products Harvesting 4. 5. 6. 7. 8. 9. 10. 11. 12. Areas unsuited for timber production such as lakes, bogs, swamp , rings, or wet meadows shall be avoided and protected during the harvesting o ratio . Sufficient buffer strips shall be provided along all streams to ent o 1 er 'on and water quality degradation, and to protect the habitat for fish an wi Methods of falling, bucking, and yarding logs shall make ra i b recautions to prevent soil' erosion and/or water quality degradatio . Lo hal of be yarded through streambeds. Skid trails shall be built an in ai ay from streambeds and in such a manner as to prevent soil erosion . t aterw Landings shall be located away from the strea orrido henever possible. When a landing is located within the stream corridor, i s 11 be Io ated on stable ground and in a position within the stream corridor so as t of grade water quality, impede possible flood waters, or interrupt natu a occurring geohydraulic processes. If debris should accidentally enter the w4terq as a result of harvesting, the debris shall be removed as soon as practicab manner that does not degrade the natural conditions of the stream. Harvesting shall not take placejare f(arteological significance until a reasonable opportunity has been afforded fo ex o do of the site. Where major scenic attraction , is ri sites, scenic highways, or recreational sites are impacted by timber ha e i g e tions, special consideration shall be given to these values by promplt*an p nd a orestation. Waste resulting fro gi a ions such as machinery, machinery parts, filters, grease, oil contain e s, e, n ope shall be disposed immediately. At no time shall such materials i e in st am corridors. Timber situate it n t ndred feet abutting landward of the ordinary high water mark within sho ' e f state-wide significance shall only be harvested by selective commercial ter ut ' g so that no more than thirty percent of the merchantable trees may b h rve a in any ten year period of time provided other timber harvesting methods m rmitted in those limited instances where topography, soil conditi ns, s' ' ultural practices.necessary-for regeneration render selective logging ecolo lly et 'mental; provided further that clear -cutting of timber that is solely i 'de a o t e preparation of land for other uses authorized by the Shoreline Ina m Act and this Master Program may be permitted. 435974 Pass: 402 of 541 Jeff green C WtY. WA POPE RE00URCE6 RREE60416� 001`40A Reforestation 13. Reforestation shall be accomplished in compliance with the Washington State Forest Practices Act (RCW 76.09) and as soon after the termination of harvesting as is feasible. 14. Reforestation activities shall adhere to all applicable portions of this Master Program in regard to soil, fisheries, and water quality management. Chemical Application 15. Equipment used for transportation, storage, or applicat' o hem ca s shall be maintained in leak -proof condition. If there is evide f c e ica eakage, the further use of such equipment must be suspended unti t ficiency has been satisfactorily corrected. 16. Whenever water is taken from any waterway or at r i p un ent for use in the mixing of chemicals, precautions shall be to p ve c ntamination of the water source. A portable pump shall be used i the cessary suction hose and check valves to supply water from streams; such mp is o e used only for water. 17. Waterways and areas of open water such a st amps, or impoundments shall be protected from contamination w en sprays aircraft by leaving a buffer strip of a least swath -width untreated on ea s' e of every waterway. 18. A buffer strip of at least ten feet on ea s" e of every waterway or area of open water shall be left when applying spry ro t round. Spray application immediately adjacent to buffer strips shall be a e%%ar el to waterways and must be applied prior to application of the remai o t ee to be treated. 19. Application of fertilizers sha ss a no fertilizer is deposited into waterways. 20. Pesticides shall be used, le , a disposed in accordance with provisions of the Washington State Pest'ci an e ct CW 15.57) and the Washington State Pesticide Application Act ) unless the provision of this Master Program are stringent, in w ti se a er standard will apply. USTRIAL AND PORT FACILITIES Definition Industry apple to t ose businesses or uses involved in the production, processing, manufactu , orla 'cation of goods. Warehousing and storage of materials or products is consider d rt t e industrial process. Water de}�endent industries are those that require to ati o the reline by reason of the nature of their business. Port ci ' ies re centers of water -borne traffic and commerce. Prohibited Uses and Activities L Over -water, non -water oriented industry or port facilities. (, 1 11111111111111 435974 Jefferson i yki P111111111On REfOlN1 0 Pap: 403 of 841 :0�/0412000 11.40A 600.00 Policies 1. Water dependent industries should be given priority over other industrial uses. 2. Port facilities should be designed to permit viewing of harbor areas from viewpoints and public facilities that would not interfere with port operations or endanger public health and safety. 3. Sewage treatment, water reclamation, desalinization, and power p n s should be located where they do not interfere and area compatible with recre io 1, esidential, or other public uses of the water and shorelands. Waste treatm on s or water related industries should occupy as little shoreline as possible. 4. The cooperative use of docking, parking, cargo handling, an s ara cil' ' s should be strongly encouraged in waterfront industrial areas. 5. Land transportation and utility corridors serving port an to elated industry should follow the guidelines provided under the section a 1 it ilities and road and railroad design and construction. Where asi e, tr s ortation and utility corridors should be located upland to reduce pr ss s for a of waterfront signs. 6. Since industrial docks and piers are often Ion a and g ea er in bulk than recreational and residential piers, careful planning must be n rtak o reduce the adverse impact of such facilities on other water dependent uses a s or ine resources. 7. Because heavy industrial activities are ociated wit industrial piers and docks, the location of these facilities must be c si ed a major factor in determining the environmental compatibility of such fac6,litie Permrds 1. Only shoreline dependent indust s e permitted on shoreline locations. The only exception to this rule s a e other shoreline oriented industry can clearly demonstrate that no of er si a acat'o is feasible. 2. Industrial developm I e oc ed, designed, constructed, and operated in such a manner that it wo d i a verse eff t ' I' M 4. 5. ec s on aquatic ife. Industrial deve nt sha omply with all federal, state, regional, and local requirements r a i g 'r d water quality. No pollution of air by fly -ash, dust, vapors, odors, s o e, of er substances shall be permitted that are harmful to health, animals, veget o t r property, or that can cause excessive soiling. Industrial a o cilities shall be located, designed, constructed, and operated to minimize u ess interference with the right of adjacent property owners as well as adjac li or water uses. p p y l Indust rt facilities shall not "duplicate_but share over -water structures such as ck an pie whenever practicable. Any activity involving the use or storage of a a o explosive materials shall be protected by adequate fire -fighting and fire pre nt' n equipment and by such safety devices that are normally used in the andli g of any such material. Such hazards shall be kept removed from adjacent act' ' i to a distance that is compatible with the potential danger involved. Cf �1:ae�»w b. Industrial and port facilities shall make adequate provisions to minimize the probability of spills of fuel or other toxic substances. Provisions shall be made to handle accidental spills that occur. 7. No activity shall omit dangerous radioactivity at any point, or electrical disturbances adversely affecting the operation of any equipment at any point other than that of the creation of such disturbance. 8. Objectionable noise that is due to volume, frequency, or beat Nil be muffled or otherwise controlled. Air raid sirens and related apparatus use lely for public Purposes are exempt from this requirement. 9. No vibration shall be permitted that is discernible wit in nts on any adjoining lot or property. 10. Industrial facilities shall assure that no direct or reflecte a e is v' ible rom adjacent properties, streets, or water areas. 11. Industrial facilities shall be so located, designe , e e to eliminate all unnecessary noxious odors. 12. Port and industrial facilities shall provide p is cce to s reline areas when feasible, taking into consideration public safety, he It , and rity. 13. Waste treatment ponds shall be located as a inland s racticable. 14. Port and industrial facilities shall be loc e , si ed, and constructed to permit viewing of harbor areas or other re nized or 'cially delineated vistas. 15. Upland commercial or industrial s res in Suburban or Conservancy designations shall be screened from view from a en esidential or recreational areas by fences, berms, and/or vegetative buffers,/, 0 100�*DFILLS efinition Landfill is the creatio a it' o the surface of the land, land covered by water, or marsh, bog, swamp, r i i r ter etention area by the placement of materials. (Backfill of bulkheads less tha a bic ar per lineal foot is regulated under Section 5.180, "Shore Defense Works." a f lk eads over one cubic yard per lineal foot' shall be evaluated under both this se ion d ion 5.180. Dredging spoil disposal is regulated under Section 5.70, "Dredging" QProhibited Uses and Activities 1. L Is ' estuaries, marshes, bogs, ponds, swamps, similar water retention areas, or th eco ically sensitive areas, except as provided in this Master Program. Policies dfiils should not be permitted on marshes, bogs, swamps, or other ecologically itive areas, except as provided for in this Master Program. 435974 Pace: 406 of 541 2. Landfills below the ordinary high water mark, unless otherwise prohibited, should be allowed only when necessary to facilitate water -dependent uses that are consistent with this program and the City of Port Townsend or Jefferson County comprehensive plans. Landfills on submerged lands should enhance public access to the shoreline and the water. 3. Landfills should not significantly create a hazard to adjacent life or properties, nor damage natural resources (including water surface reduction, navigation ow, current and circulation impediments, recreation, ecological values, and habitat im a s). 4. Fill materials should be of such quality that water quality problems o r from the placement of fill. Shoreline areas should not be considered for f an ills or the disposal of solid waste. S. The perimeter of landfills should be protected from erosion. 6. Present and future uses of a site should be considered when a u g a proposed landfill. Performance c Standar General 1. The following information shall be submed by t cant for landfill projects: a. b. C. d. e. f. g• h. Proposed use of the landfill area. Physical, chemical, and biologic Source of the landfill material. Method of placement ari�jpa Location of the landfill relg Location of the perimer mark, or any marsh, o , or Perimeter er i on c implemental o . of the fill material. or existing drainage patterns. 1 relating to the ordinary high water stabilization means, and schedule for Type of sum ing an ff control and treatment devices. 2. Landfills shall be a itteil\o`nly where it is demonstrated they will not result in the following: a. Signi is nt d age to water quality, fish, shellfish, and/or wildlife habitats. b. Adver a r ion to natural drainage and circulation patterns, currents, rivers, ti ows, or significant reductiori:,of flood water capacities. C. Adve teration of geological processes along the shoreline. 3. fi sh'A"e the minimum necessary to accomplish the proposed use. 4. Wher a isting public access is reduced, equivalent public access shall be provided as p t e project. 5. terial shall be of a quality and so placed and contained that it does not cause water quality degradation. Junk, garbage, contaminated soil, and other potentially 64 Jefferson974 ���11��1111�•aesRKIO M.yrM hazardous sewage and rubbish is not permitted to be used as fill material. Fill material shall be restricted to soil, sand, rock, or gravel. 6. The placement of landfills shall be timed to minimize damage to water quality and aquatic life. Aquatic and Wet Land Areas (Marshes, Bogs, Swamps or Similar Water Retention Areas) 7. Landfills shall not disrupt stream flow that may properties. 8. Landfills in aquatic and wet land areas shall be lead to the a age of adjacent permitted in t e following there is a public !as exist within nce to landfills. Al be permitted can clearly be Eal engineer that o increase flood inty and City of , minimize, and trea. of ground water etween adjacent for six or more pleasure and commercial water craft. Certain docks, piers, and floats are also regulated under 65 :36974 :�; "d, this section (see Subsection 5.60, "Docks, Piers, and Floats"). Commercial development not necessary or accessory to the operation of a marina shall comply with Section 5.50, "Commercial." Policies 1. In locating marinas, special plans should be made to protect the fis and shellfish resources that may be harmed by construction and operation of the faci 't 2. Marinas should be designed in a manner that will reduce damage t sh a shellfish resources and be aesthetically compatible with adjacent areas. 3. Marinas should be located at or near high use or potentially h' us areas. ocal as well as regional need data should be considered as input in Ioc n se ct'on. 4. Special attention should be given to the design and deve of operational procedures for fuel handling and storage in order to mi 'miz c 'de al spillage and provide satisfactory means for handling those spills that oc r. 5. Shallow water embayments with poor flushing ' n h of be considered for overnight and long term moorage facilities. 6. The Washington State Department of fishe ie ' guid i es should be consulted in planning for marinas. 7. State and local health agencies have standards a i ines for the development of marinas that should be consulted. 8. Floating breakwaters should receive a i considerations as an alternative to conventional breakwaters. P rmt ards 1. Marinas shall be located with to avorable conditions related to wind, current, and bathymetrics. 2. Marinas that provide ern or o g-term moorage facilities shall not be located in areas with poor flu a 'o 3. Marinas shall be o 1 e 'th the general aesthetic quality of the shoreline area where they are o 4. Marinas and an it a fa ' id s shall be located, designed, constructed, and operated to minimize adve s on fish, shellfish, wildlife, water quality, and existing geohydraulic or n cesses. 5. Marinas sha �e— Ida ed, designed, constructed, and operated so as to not unnecessarily interfere wi ihe_r� is of adjacent property owners, nor interfere with adjacent water uses. = 6. Park' g an to ing areas shall be located well away from the immediate water's edge d c s. 7. esi o king and loading areas shall assure that surface runoff does not pollute adja n waters or cause soil or beach erosion. 8. rovi i s shall be made to facilitate orderly launching, retrieval, and storage of boats. 9. rovi 'ons shall be made to facilitate the orderly circulation of vehicles and pedestrians in t e vicinity of the marina. 435974 Poise; 496 of 641 U/0412000 11:40R Jefferson County. ILIA POPE RESOURCt6 K90 5" .as 10. Marinas shall make adequate provisions to minimize the probability of fuel spills during handling or storage. Provisions shall be made to handle accidental spills that do occur. 11. Marinas shall be equipped with vessel pump -out and on -shore sewage and waste disposal facilities. Pump -out facilities shall be available at no direct charge to the user. 12. No more than fifteen (15) percent of the wet slips within a marina shall be covered. 5.120 MINING Definition The removal of naturally occurring rock, sand, gravel, and miners �,m'A ea Policies 1. When rock, sand, gravel, and minerals argDepartment �ro�n�shoreline areas, adequate protection against sediment and silt produ ie provided. 2. Excavations for the production of sand minerals should be done in conformance with the Washington State ining Act (RCW 78.44) and hydraulic regulations of the W shingtoof Fisheries and Department of Game. 3. Jefferson County and the City of Po nsend should strictly control the removal of sand and gravel from marine b c 4. When removal of sand and rav r m ine beaches is permitted, it should be taken from the least sensitive bi�ic rI the beach. Standards 1. Mining along all 6�0 ell es'shall sure that geohydraulic processes and marine life are basically main i e n ei ural condition, both during and after excavation. 2. Surface mini or rav a ng streams shall make provisions that assure that: a. All ui ent, orks, and structures are able to withstand flooding without tbbecoirn'14a zard in themselves or causing adverse effects on shore features or r erty, all without the necessity for massive structural defense b. iles and other structures or equipment that are not flood proofed are ove the one hundred year -flood plain during flood season except g daily operations. _ 3. erburden shall be disposed in a manner that provides short and long term p o ection to affected natural features, adjacent properties, and aesthetic values. rburden deposited within the geographical jurisdiction of this Master Program all constitute landfill and shall, therefore, comply with applicable performance standards of this Master Program. r7 4. Mining shall provide measures to prevent deleterious effects upon water quality and fish life. 5. Mining operations shall obtain necessary hydraulic permits from the Washington State Department of Fisheries and Department of Game. 6. Mining operations shall not cause any unnecessary noise, odor, vibration, or other nuisances that adversely affect nearby properties. 7. Equipment or apparatus associated with mining operations such machinery, machinery parts, filters, grease and oil containers, and wire and rope s I e disposed immediately to an appropriate upland location. 8. Mining projects shall provide thorough and precise site reclamatio a a of the permit application. The plans shall be considered in the appr1 qr 'sap o al of a substantial development permit. 1 5.130 MOORING BUOYS Definition Mooring buoys are anchored devices in water bodi s sed fo t e mooring of water craft. (Buoys used in conjunction with aquaculture project sh b e aluated under Section 5.30, "Aquaculture"). 1, 2. 3. 4. 5. 6. 7. 8. Police Mooring buoys should not be autre such installations will significantly interfere with navigation. O (� Where dock facilities are in eq t ooring buoys are preferred over the construction of individual do Where sufficient dock fac' i ies 'st, the placement of mooring buoys will be discouraged. The installation of o n u y public agencies for public use is encouraged. Mooring buoys a d t e i path of attached vessels should not encroach on privately owne 1 r t e swing path of a legally established or grandfathered moored boat an bu . Mooring buoys 1 of be located where their use will cause the degradation of sensitive eco o 'ca ar such as estuaries, wetlands, or aquaculture resources or facilities. Mooring bu s e use of in -shore adjacent property owners should be considered a posit' e n ve to the construction of private docks. Pref ce a placement of near 'shore mooring buoys should be given to the ai ' ce s reline property owner. 68 435974 Page: 000 of 541 0910412NO 11:40R Jefferson Cwmty, WA POPE RESOURCES RESO 600,00 Performance Standards 1. Land based retrieval lines from mooring buoys shall be designed and operated to present no hazard to navigation or public use of the water and shall extend no more than thirty (30) feet off -shore. 2. Mooring buoys shall not be authorized where such installatio ill significantly interfere with navigation. 3. Mooring buoys shall be located as close to the shore as feasi e. a shall not be located farther waterward than adjacent mooring buoys un s r a d/or swing path of the boat dictates it. 4. Buoys shall be discernible under normal daylight con ' 'o s a minimum of 1C0 yards. 5. Mooring buoys shall be located no closer than 10t a t ermooring buoy, dock, pier, float, or other fixed navigational obso nless there is a written agreement with the parties affected, inclu 'n e d property owner, that will allow for said encroachment. 6. Buoys shall be marked with the owner's n m addr ss and telephone number. 7. The applicant for a buoy shall demonstrate at e uoy system proposed is adequate to withstand the maximum expect hysical stress that the environment and moored craft will place on the buoy. S. The inshore adjacent property ow er ha be given preference for mooring buoys located shoreward of the minus o r e fathom tidal elevation unless otherwise authorized. If the shorel'��jPr er does not own the tidelands, access across the tidelands shall be secured wr tiz rior to buoy placement. 9. No more than two (2) boats s 1 secured by a mooring buoy. 10. Mooring buoys that are mption shall not be rented or leased. 0 4 RKING FACILITIES Definition Areas providing fo ffie"storage/of motor vehicles, including vista parking facilities. (0)- Prohibited Uses and Activities L Ov a ing facilities, and paid parking lots not accessory to an authorized use. 7 Policies 1. Pa ing facilities should be designed and placed as far as practicable away from the at is edge. king facilities should make provisions for pollution abatement and the control of storm water runoff. (19 433974 Page: 601 0l 041 000 Ja1fara0n CcunlY, dR POPE REsCUM RM U/941500 001:40A 3. Parking facilities should be adequate to serve the level of demand anticipated by the associated use. 4. Parking facilities should not interfere with the use and enjoyment of adjacent properties. Performance Standards 1. Parking facilities shall not be located over the water or adjacent to th immediate water's edge if practical alternative upland locations exist. 2. Vista parking facilities shall include a significant public view and . e e eational opportunities such as a picnic table or viewing benches. 3. The design and construction of parking facilities shall assure a su c w runoff will not pollute adjacent waters or cause soil or beach erosi 1 eparators and retention ponds are considered positive measures to r s o nce with this standard. 4. Security lighting associated with parking facilities 1 e , hooded, or directed so as to not cause glare on adjacent properties o r bo 5.150 RECREATIONAL ILI Facilities such as parks, trails and pathways, u J s, and resorts that provide a means for relaxation, play, and amusement. Prohi� se an Activities 1. Overnight recreational spac it 1 ated on beaches, dunes, or intertidal areas. 0 olicies 1. The concept of 1 c pi should be encouraged to prevent the concentration of clutter and lea b ch s, tidelands, streams, and their associated shorelines in basically their n I te. 2 3. 4. 5. Park design o r should deal with the impact such activities have not only within park un ri s, but on adjacent properties and communities as well. Recreation fa ' ' 'e should make adequate provisions for: a. ra 'c, th inside and outside the facility. P er water and sewage disposal methods. Se ty and fire protection. d. 1 he prevention of overflow and trespass onto adjacent properties. access to public shorelines and surface waters should be encouraged. re recreational devices should not interfere with navigation of waterways. 70 435974 Paw: M of eat 0016412M 11:40A Jeffersom Ca mtY. WA POPE RESOURCES RESO 005.00 6. Trails and pathways on steep shoreline bluffs should be designed to not adversely affect bank stability. 7. Public recreational developments should be consistent with adopted park, recreational, and open space plans of the City and County, when appropriate. 8. Swim rafts used for moorage purposes should comply with the policies and performance standards for offshore moorage devices. 9. Stairways, landings, and boat houses should not be located wa ward of existing bulkheads, banks, or the ordinary high water mark. Performance Standards 1. Recreational facilities shall make adequate provision w t r supply, sewage disposal, and garbage collection. 2. Recreational facilities shall make adequate provision h' p rking. 3. Recreational facilities shall make adequate provist fo nforcement of laws and regulations associated with use of the facilit' s be ng o os 4. Recreational facilities shall make adequat rovisio such as screening, buffer strips, fences, and signs to prevent park over a d to p o ect the value and enjoyment of adjacent or nearby private or public grope ' s. 5. Recreational facilities shall establis nd enforc egulations that prohibit tree cutting and limit the taking of marine life, i ood, and the like. 6. Signs associated with recreational faci i 'es all be kept to a minimum in number and size and shall be erected as infor a 'on o rectional aids only. 7. Adequate provisions shall e a t control of fires both within recreational facilities and between recrE a f c' ' ' s and adjacent private or public lands. 8. Unless specifically designed r a purpose, park and recreational facilities shall prohibit the off -road us o lit in vehicles in order to protect natural features as well as the enjoy ent a Val f adjacent private and public properties. 9. Applicants for n 'al v opment permits for recreational facilities may be required to r v' a uate information to demonstrate the safety of proposed equipment act 'ties. 10. Overnight r r n facilities shall comply with all applicable regulations and guidelines, r�lu g tion 5.50 "Commercial." no 60 RESIDENTIAL DEVELOPMENT Definition land and/or the construction or. erection of a dwelling or dwelling units sidential occupancy. Prohibited Uses and Activities :ructures located on or over marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or water areas subject to this Master Program. 71 Ili �PON !YIY �S^� 4'J. Jefferson County. 2. Residential structures located upon geologically hazardous areas or in floodways. Policies 1. Residential development should be designed at a level of density of site coverage and occupancy compatible with the physical capabilities of the shoreline area, and consistent with the density provisions of local plans, codes, and ordinanc 2. Residential development should be designed to adequately protect a water and shoreline aesthetic characteristics. 3. Residential developments should be encouraged to provide pedestria ess t public shorelines abutting the development. 4. Over -water residential development, including floating home, Id n t be milted. 5. Residential developers and individual builders should be requir t i icate how they plan to preserve shore vegetation and control erosion duri g con ti 6. Sewage disposal facilities, as well as water supply faci it es, uld provided in accordance with appropriate state and local ' s. Storm drainage facilities should be separate, not combined wit se a e dis o systems. 7. Adequate water supplies should be available s t e grou d water quantity and quality will not be endangered by over -pumping. 8. Residential development in geologically hazardou e r in areas subject to flooding should be discouraged. 9. Residential development in shoreline ar s ould be designed to preserve natural drainage courses, aquifer recharge are si i ecologically sensitive areas. 10. Subdivisions should maintain usabl t t areas for the common use of all property owners within the de ee U 11. Residential structures should be e ' n d located to not significantly block the views of adjacent residences or pe ie . 12. Sewage disposal drain fields u d t e located where subject to flooding. 0 %> e ance Standards 1. Subdivisions of 1 a coft4ply with local plans, codes, and ordinances and be designed to exe li the a inition and policy of the applicable shoreline designation as well as the env' o tal and physical capabilities of the subject site. 2. Appurtenan st ct es ch as decks, sheds, and stairways shall be located behind the ordinary hi h wate ark as far as practical and shall meet applicable setbacks. 3. Public ac es o cly owned shorelines shall be maintained. 4. Devel p en a assure that surface water runoff does not pollute adjacent waters or caus od or h erosion, either during or after the construction phase. 5. e m is containing marshes, swamps, lagoons, portions of a flood plain, or si ila w ands shall use those areas only for the purpose of parks, open space, or recre ti nal facilities. 6. v o ments shall be designed to include measures to prevent overflow usage of on areas upon adjacent privately owned shorelands and uplands. 72 435974 Pass: 504 of 541 NK Uf ferson County, WA POPE ftM IMS RR920 / oW 001:48A 7. Amenities provided by development shall not be detrimental to the geohydraulic processes occurring within the shoreline corridor. 8. Roads, utilities, and other improvements shall comply with the applicable policies and performance standards of this Master Program. 9. Residential structures shall not be located in areas subject to flooding or tidal inundation unless complete flood proofing measures have been provided, and then only when the location of such structures will not aggravate flooding possibilities of nearby properties. 9. The standard setback for residential structures, including co on appurtenant structures such as garages and workshops, shall be thirty (3 eet r ne (1) foot for each foot of bank height, whichever is greater. This set a easured from the bank's edge when the bank's height exceeds 10 feet. en h ba height is less than 10 feet, the setback shall be measured from the o inii h water mark. The setback shall not exceed 100 feet.* [*SeeAdministrat' re tion, Pages 105-106] Exceptions from this standard include the followi g.� a. Where there are existing dwell' ithi feet on either side of the proposed building site, the set a k sh a the average setback of those dwellings or as prescribed abov iche a is less (see Figure 4). In those instances where a single dwelling it is w' hin 300 feet of one (1) side of the proposed building site, t tback steal be the difference (average) between the required setback and that 6Athxisting structure (see Figure 5). In both cases, the existing dwellings ar ri to be those that are currently occupied. The mere presence of s s s or dilapidated buildings does not constitute the existence of a�7,ell i . tin& Setback line EDGE OF 8MK FIGURE 4 _X 1:1 Per regulation EDGE OF RkNX FIGURE 5 73 435974 Paom on of 541 b. Where a residential setback was established as part of the approval of a residential subdivision, the established subdivision setback shall take precedence. All setbacks shall be measured from the waterward most edge of the structure, excluding decks, eaves, etcetera. Deviations from this standard shall be reviewed on an individual basis. A request for a deviation steal be considered an administrative variance following the procedures est b 'shed under Subsection 7.20 and will be subject to the variance review ite 'a stablished under Subsection 7.103 of this Master Program. Unless a e , setback deviation rendered by the County or City shall be consi re al. 11. Alteration of topography for building sites, access roa s, a� - iiies shall be conducted in compliance with the applicable policies and e o ce andards of this Master Program. 12. Sewage disposal systems shall not be located within -the o d�a' of marine and fresh water bodies unless in compliance with the Je r Coun ood Plain Management Ordinance. 13. Residential structures shall not exceed thirty -fie et in iiei ht. 5.170 SCIENTIFIC AND UCATIONAL FACILITIES Def' 'o Those sites, structures, or facilities t* pr ue insight into our natural or cultural heritage. 1. 2. 3 may Jefferson County State Office of A review propos for salvaging th t Where possible�aa=wn ld be permanently preserved for scientific study and public observation. to contain archaeological data, special conditions should be attached su to tial development permits to provide for site inspections and an evaluation o a h ealogist to ensure that archaeological data is properly salvaged. notify ,Jefferson County or_the City of Port Townsend, as the case possible archaeological data is uncovered during excavations in the Tc(rt Townsend should consult with the Washington Historic Preservation and professional consultants to r potential valuable data and to establish procedures 4.Barksioa "unty and the City of Port Townsend should work toward lending to the Natural Historic Preservation Act .of 1966 and the Washington State d Recreation Commission Act (RCW 43.51) and provide wherever possible protection, rehabilitation, restoration, and reconstruction of districts, sites, 74 435974 Pam: M of 541 0010412000 11:40A Jefferson County, WA POPS RE00UMB RSBO on.00 buildings, structures, and objects significant in American, Washington State, or local history, architecture, archaeology, or culture. 5. Excavation of Indian artifacts shall be conducted in compliance with the Washington State Archaeological Sites and Resources Act (RCW 27,53), 6. Excavation activities shall be conducted in compliance with the applicable policies and standards of this Master Program. Performance Standards 1. No development or substantial development shall be undert w' eg rd to a site or structure that has probable historical, scientific, or arch a is I si if cance until an evaluation of the site or structure has been made by a au or' y judged competent in such matters by Jefferson County or the City of Po se . 2. All feasible means shall be employed to ensure tha , st c re , and sites having historical, scientific, educational, or archaeological si n' ica c are extracted, preserved, or used in a manner commensurate with th ' im ort ce. 3. The establishment, restoration, or revitab at'on of ' orical, archaeological, scientific, or educational facilities shall be done in su h a a ner that would cause minimal disturbance to adjacent properties aswellas to a tares of the shoreline. 5.180 SHORE DEFENSE WORKS Structures or modifications for tl ) action, protecting channels and harl materials, preventing stream b bulkheads, seawalls, dik re t ei commonly constructe rry and gravel. e �Vecarding shore erosion from wave or current Mwave action, encouraging deposition of beach nd retaining uplands. They may consist of reakwaters, jetties, or gabions. Defense works are t (rip -rap), treated wood., concrete, steel, and sand ibited Uses and Activities 1. tred r on spits, hooks, bars, barrier beaches, or similar accretion min s(! r� tion shore forms. �\ �� Policies uea and seawalls should be located and, constructed in such a manner that will of es It in adverse effects on nearby beaches and will minimize alterations of the a ra shoreline. h re defense works should be constructed in such a way that would minimize damage t frsh and shellfish habitats. Open poling construction is preferable in lieu of the solid type. 435974 Pass: UT of 541 JOfferSon County, MR POPE REBOLOM RRESO ! �1:40R un 3. The effect of a proposed bulkhead on public access to publicly owned shorelines should be considered. 4. Shore defense works should be designed to blend with the surroundings and not to distract from the aesthetic qualities of the shorelines. 5. The construction of bulkheads should be permitted only where they provide protection to upland areas or facilities, not for the indirect purpose of creating land by filling behind the bulkhead. Landfill operations should satisfy relat performance standards. 6. Floating breakwaters are preferred to solid landfill types in orde t i tain sand movement and fish habitats. 7. Solid breakwaters should be constructed only where des'g o ifica io s can eliminate potentially detrimental effects on the movement sad a d circu ation of water. 8. The restriction of the public use of the water surfa a e t f breakwater construction must be recognized and must be considere i gra t ng shoreline permits for their construction. 9. The effect proposed jetties or groins have o an 'n ement must be considered. Provisions should be make to compensate for a advers a ects of the structures either by artificially transporting sand to the downd 'ft an inlet with jetties, or by artificially feeding the beaches in the cas of groins. 14. Special attention should be given to a ect these structures will have on wildlife propagation and movement, and to the f s these structures will have on the aesthetic quality of the shoreline. 11. Rip -rapping and other bank stabili a o e ures should be located, designed, and constructed to avoid the need 0 a n liz' n and to protect the natural character of the stream. 12. Where flood protection me r s s dikes are planned, they should be placed landward of the stream, inc u xng crated swamps and marshes and other wetlands directly interrelated a;@A to de t with the stream proper. 13. FIood protection rr�u s t t t in channelization should be avoided. Standards 1. Shore defense w r s`hall be designed and constructed in a manner that causes an absolute min' in rruption to naturally occurring shoreline processes. 2. Shore defen a or hall be designed and constructed to minimize interruption of fish movements marine and wildlife habitats. 3. Shore e n wor s shall not be used for the indirect purpose of creating landfills, unle s ch ill is specifically permitted in compliance with landfill performance st da s this Master Program. 4. re de a works shall be designed and constructed to harmonize insofar as pract' a le with the aesthetic characteristics of the area where they are located. 5. or fense works such as dikes shall be located landward of the stream and oced swamps, backwaters, marshes, floodway and other wetlands directly interrelated and interdependent with the stream proper. 76 435974 Pass: 508 of 541 Jefferson County, WA POPE RE60LIRCES RESO !6� �1:40A 6. Substantial development permit applications shall provide competent technical evidence that the proposed shore defense structure will perform as designed. 7. Shore defense works along rivers and streams shall not include groins or jetties or otherwise divert the direction of stream flow, unless said works have been professionally engineered and analyzed to ensure the diversion will not cause cross - stream or down -stream impacts nor adversely alter the characteristic of the river or stream. 5.190 TRANSPORTATION FACILITIES Definition C) Passageways for motorized vehicles or trains, including but t it to such devices as bridges, trestles, ramps, or culverts. Policies 0 1. Whenever feasible, major highways, free a s, and r ilroads should be located away from shore lands, except in port and hea t al areas, so shore roads my be reserved for slow moving recreatio 1 or resi a traffic. 2. Roads located in wet land areas sh l e designed and maintained to prevent erosion and to permit a natural movement of g u water. 3. All debris, overburden, and o r as materials from construction should be disposed in such a way to eve t t giro en by erosion from drainage, high water, or other means into any wet �J 4. Road locations should be n fit the topography so alterations of natural conditions will be mini i 5. Scenic corridors �Wv,,ith u lic a ways should have provisions for safe pedestrian and other non -mot t ve . lso, provisions should be made for sufficient view points, rest ar a i is areas in public shorelines. 6. Extensive p or ur old highways with high aesthetic quality should be kept in service as 1 re s routes, especially where main highways paralleling the old highway m s c la a traffic volumes of high speed. 7. Since la a t nsportation facilities are so highly interrelated, the plans for each should c r 'nated. 8. Water ao sings should be designed and constructed to maintain normal g r rocesses, as well as to minimize interruption of flood water flow. 9. an o tion facilities should assure the continued and unobstructed movement of e en 16� T n ber of waterway crossings should be minimized. Performance Standards 1. When feasible, major highways and railroads shall be located away from the shoreline. 77 435974 Page: 000 of 541 OO1O412000 11:4OA Jefferson County. WA POP[ RnOLMM "so 600.00 2. Whenever possible, roads shall be located on natural benches, ridge tops, or other areas where alteration of natural features such as soils will be minimal. 3. Roads and railroads shall be located to provide buffer areas along streams and other shorelines. 4. Roads shall be located to avoid steep, narrow canyons, slide areas, slumps, swamps, marshes, wet meadows, and the like and shall meet the provisions of Section 5.1CO3 "Landfills." 5. Unnecessary duplication of roads shall be avoided by making use o e sting roads where practicable. 6. Road drainage shall be designed to control the dispersal of surface fr roads and exposed soils in order to minimize turbid water from draini int wate ys. 7. Earthworks shall be designed to provide waste and borrow s th t ill oduce a minimum of erosion, water turbidity, and aesthetic damage. 8. Cut and fill slopes shall be designed at the normal angle o e o le 9. Cut and fill slopes shall be protected from erosion m c ing, ceding, use of headwalls, or other suitable means. 10. Roads and waterway crossings shall not be wi er n to a modate the anticipated use. 11. Waterway crossings shall be designed so th i egri of the naturally occurring geohydraulic process is maintained. 12. Waterway crossings shall be designed t p vide minimal disturbance to banks. 13. Culverts and similar devices shall be d with regard to 100 year flood storm frequencies. 14. Bridges and similar devices shall be s' 't regard to 100 year flood frequencies. 15. Roads, bridges, culverts, an"Mil vi shall afford maximum protection for fisheries resources. 16. Excess material shall be dep ble locations and not into stream corridors where such materials degr, at q ality, impede flood waters, or alter naturally occurring geohydrau�ro s s. 17. No machinery s e t w' in a stream bed except in compliance with a hydraulics permi i u y he Washington State Department of Fisheries and Department of e 18. All material as cia ed it road construction that is potentially unstable or erodible shall be stabilize c pacting, seeding, mulching, or other suitable means. 19. All roads a rai ag stems shall be maintained to prevent erosion and/or water quality deg atio 20. MechanicaI a t s, rather than chemicals, shall be used for brush clearing maint an ever practicable. 21. Her ' 'des se for maintenance along roads and drainage systems shall follow the o ace standard outlined under "Chi mical Application" of the "Forest an e of subsection. Roa r utes shall make provisions for pedestrian, equestrian, bicycle, and other modes f tr e whenever feasible. 23. co pliance with RCW 36.87.130 and RCW 35.79.030, neither Jefferson County or the City of Port Townsend shall vacate a road or part thereof that abuts on a body of 78 435974 Page: Bi0 of $41 ills 111111111111 0010412000 11:40A Jefferson Ceunty, MA POPE REOOIJRCEO RE00 600.00 salt or fresh water, unless the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, view point, recreational, educational, or other public purposes, or unless the property is zoned for industrial purposes. Further, such vacation shall not be accomplished for any purpose that is not consistent with this Master Program, and then only when all appropriate federal, state, and local permits have been, issued for the intended use. 24. Transportation facilities in floodways shall be designed to 7iini i e flood water diversion or obstruction to flood water flow. 5.200 UTILITIES Definition Services or facilities that produce, transmit, carry, st pr c�r ispose of electric power, gas, water, sewage, communications, oil, and the li e Polici 1. Whenever utilities must be placed 'n shoreline area, the location should be chosen to not obstruct or destroy scenic vie herever feasible, these facilities should be placed underground or designed 7�� 7�1� I damage to the aesthetic qualities of the shoreline area. 2. To an extent feasible, Jgffgrso4�and the City of Port Townsend should incorporate major utility �c rron shorelines into their programs and plans for public access to and alon ��eoett�e s. 3. Utilities should be locate needs of future populations in areas planned to accommodate this-ero h. ) } 4. Upon complet' i t ati and maintenance projects of shorelines, banks should be restored to J nfiguration, replanted with native species, and be provided with main e c ca un ' the newly planted vegetation is established. Performance Standards 1. Utiliti s al a installed adjacent to or within existing utility or circulation easements or ri h -o y whenever feasible. 2. 1liti s e installed underground whenever feasible. 3. lin s 11 be designed and installed to meet future needs when possible. he feasible, utility corridors shall serve multiple uses such as shoreline access or cr onal trails or pathways. t'lities installed in the water, beach, or upon tidal areas shall assure that water quality marine life will not suffer degradation. b. stallation of utilities shall assure the prevention of siltation or beach erosion. 11 11111111�11111111111111111111111111111111 ass��49A Jefferson County, WA POPE RESOURCES RESO OWN 7. Upon completion of installation or maintenance projects, banks shall be restored to a suitable configuration and stability, replanted with native species, and provided with maintenance care until the newly planted vegetation is established. 8. Utility discharges and outfalls shall be located, designed, constructed, and operated so degradation to water quality, marine life, and general shoreline ecosystems is kept to an absolute minimum. 9. Both during and after installation, utilities shall assure that geoh' raulic shore processes and marine life are basically maintained in their natural canditn 10. Utilities located in flood prone areas shall be provided with adequ a rotection and shall not be installed to increase flood hazard or other damage i r erty. 11. Flammable or toxic materials shall not be stored in areas subject o 'ng. 12. Utilities shall not be installed in areas subject to geological ha un es it c n clearly be demonstrated that such hazards can be overcome. 0 0 80 435974 Pad*: 512 o F 641 ""OraOM County, WA POPE KBOLOM RM l sm. 6®1:40A SECTION 6 ADMINISTRATION SUBSECTIONS 6.10 Program Administration 6.20 Public Hearings 6.30 County Commissioners and City Council 6.40 Application There is hereby established by this Master Program an is a e stem designed to assign responsibilities for review of substantial developme t er it , to rescribe an orderly process by which to review all permit applicatiFr , an g e o ensure that all persons coming within the jurisdiction of this Master ram treated in a fair and equitable manner. 7 6.10 PROGRAIv! ADMINIST—WATION The Jefferson County Planning overall administration of the Sh respect to Jefferson County and tl the City of Port Townsend, the with the Port Townsend Public Vi and duties of the Planning and 13�ii 1. Prepare and forms shall 2. Advise a review c itei 3. Insofar a complet i 4. Ensu e Act n th 5. CQ fA and Buil epartment is hereby vested with general :relin a nt Act and this Master Program with ie C' �'o Townsend. For projects originating within nl ment shall perform its duties in conjunction s ment and Mayor's Office. The responsibilities Cing a artment include the following: ' deems essential for administrative purposes. Such WAC 173-27-110. Xs for shoreline permits of administrative requirements and •eline Management Act and this Master Program. re that all shoreline permit applications are proper and administrative requirements designed by the Shoreline Management Master Program are accomplished in processing shoreline permit Possible, ensure that all foreseeable and pertinent data, correspondence, and regarding permit applications has been considered and are in order prior to Jsrelntpermit applications for substantial development, secondary and conditional sand variance requests together with any findings, evaluations, and commendations to the Hearing Examiner. Present permit applications together with findings, evaluations, and recommendations to the Board of County Commissioners or City Council. 81 435974 Pam; 519 of 541 Jafforaon Coty, HA POP! RnCLW ES RE604Jd0.001:40A un 8. Review all proper and complete shoreline permit applications for primary uses. 9. Review any and all information, testimony, or correspondence from interested persons, groups, or agencies with respect to shoreline permit applications for primary uses. 10. Make findings and evaluations and thereafter formulate and transmit recommendations to the Hearing Examiner or City Council that permits be granted or denied for primary uses with respect to compliance with a Shoreline Management Act and this Master Program. 11. Condition any permit recommended for approval associated wit 1 above in order to prevent undesirable effects of the proposed use, as wel n i about conformance with the goals, policies, and or standards of this r ogra 12. Provide technical and administrative assistance to the He i Ex miner, oard of County Commissioners and City Council relative to the Sho line anagement Act and this Master Program. 13. Act as the primary liaison between local and state ag n ies x he a ministration of the Shoreline Management Act and this Master o ra 14. Make administrative decisions and int p etation regarding the Shoreline Management Act and this Master Program. 15. Seek remedies for either violations of the Sho ell n gement Act and this Master Program, or for noncompliance with conditio y approved shoreline permit issued by Jefferson County or the 2sin o ort Townsend. 16. Assist in the development and proo y proposed adjustments of this Master Program. 17. Insofar as possible, ensure that a �re a le pertinent data, correspondence, testimony, and recommend i s to ed adjustments to this Master Program are considered and are in order io t e ew. 18. Present proposed adjustme is aster Program, together with findings and recommendations, to the ers ounty Planning Commission, the Board of County Commissio "j o t uncil. 19. Undertake meal e i i citizens of Jefferson County and the City of Port Townsend of a d purposes, goals, requirements, implications, and technical co i e n ass fated with the Shoreline Management Act and this Master Prozra�m. -/ 6.20 PUBLIC HEARINGS The Jefferson Cou a n Examiner shall have the responsibilities esponsiblltttes and duties identified below: = 1. n ' e hrough an open record public hearing or other means all pertinent data, sn on correspondence, findings, evaluations, recommendations, and conditions rela d to any application for a shoreline permit within the scope of this Master 82 435974 Pap: 014 of 041 0010412000 11:40R Jefferson County. WA POPE MOURCEB RE60 M. 00 2. Accept or reject any recommendation and/or conditions(s), and thereupon take action to grant or deny applications for permits with respect to compliance with the Shoreline Management Act and this Master Program. 3. Condition any permit recommended for approval associated with Item 2 above in order to prevent undesirable effects of the proposed project, as well as bringing about conformance with the goals, policies, and standards of this Master Program. 4. Seek remedies for either violations of the Shoreline Management and this Master Program, or for noncompliance with conditions for any approve p rmit issued by Jefferson County. 5. Seek remedies for either violations of the Shoreline Manage this Master Program, or for noncompliance with conditions for any ve per issued by Jefferson County or the City of Port Townsend. 6. Act as an appeals body to adjudicate grievances brou o h a person regarding administrative decisions or interpretations associate t e o line Management Act and this Master Program. 6.30 COUNTY COMMISSION AN ITY COUNCIL The responsibilities and duties of the Board of Cou issioners and City Council with respect to this Master Program include the�foilowing: 1. Consider through closed record lic earings all pertinent data testimony, correspondence, findings, eval t' n , r mendations, and conditions related to any appeal of a decision t e �J eat n Examiner regarding any application for a shoreline permit. 2. Act as an appeals board t o osed record public hearings with respect to decisions of the Hearin mi sued within the scope of this Master Program. 3. Consider throu h p b is ea ings or meetings all pertinent data, testimony, correspondenc in s, commendations related to any proposed adjustments to this Maste r m. 4. Accept or ) r o mendation or portion thereof and thereupon take action to adopt r a ny proposed adjustments to this Master Program. 6.40 APPLICATION Any person(s ho shes to conduct substantial development within the geographical jurisdictio is ster Program shall supply 'to jeffer"son County or the City of Port Townse o h the Jefferson County Planning and Building Department for a shoreline p i . A hor ' e permit is considered the last governmental approval prior to construction o iss nc o building permit. If a proposal involves other governmental approvals, as in a rezo o su ivision approval, these other issues shall be resolved prior to final action on a s`liorelin ermit application. R3 435974 PIN: 616 of 541 J4ff@rR0n Coy, WA POPE RUOUMZS PESO4rs �1:40A unt 6.401 PROCEDURE The following procedure shall be applied to the processing of shoreline permit applications in order to assure that review of an application is expedient and equitable: 1. An applicant must submit a proper and complete application in accordance with WAC 173-27-110 to the Planning and Building Department on forms s designated. 2. An applicant may need to submit a proper and complete environm t I assessment or, if appropriate, environmental impact statement to the Plan 'ng Building Department or Jefferson County Permit Center on forms a mat so designated. 3. AppIication fees must be paid in accordance with those est I'she b th fferson County Board of Commissioners. 4. Notice of application shall be provided within fourt a the complete information has been received. Any local, state, or a era a enc at may have interest in the proposed project shall be notifi �by th�f son County Permit Center or Planning and Building Departm t an ments that agency or department may have. Notice shall includ state e t of the public comment period, which shall be not Iess than thin s fol o ing the date of notice of application. 5. After all pertinent data and input h en accumu ated, a public hearing before the Jefferson County Hearing Examiner a substantial development, secondary or conditional use applications or varian re es shall be scheduled, or, in the case of primary use applications, a public rin rn be scheduled. Public notice of a public hearing shall be made�in c with Subsection 6.402 of this Master Program. 6. The Hearing Examiner and Cit o ci with respect to their separate jurisdictions, shall act on applications a o in der Subsection 6.30 of this Master Program. The Hearing Exam' er r ity ouncil may refer the application back to the Jefferson County ente , -Planning and Building Department, or City Administrator fo re 'ew. 7. The Jefferson nt er ' Center or Planning and Building Department shall transmit wit 'n i t a final action taken on an application to the applicant, Washington S t a ent of Ecology, Washington State Attorney Generals Office, and r ho has requested notice. The Department of Ecology shall render its it c ion approving, approving with conditions, or disapproving the permit wit f thi (30) days of the date of submittal by local government. 8. A per grieved by action taken an an application may appeal the decision in c c with Section 9 of this Master Program. 9. ci 'ent a shoreline permit from the county or city shall not commence de to e t or construction until thirty (30) days from the date of filing with the hi gton State Department of Ecology or until all appeal proceedings have ter n ted. Due to the Department of Ecology's review of conditional uses and varia ces, the date of filing may be up to thirty (30) days from the date of receipt of t e permit by the Department of Ecology. 84 IAN�IR�NIIIIIIII�:�;'v 10. Any development, construction, or activity conducted pursuant to a shoreline permit issued by Jefferson County or the City of Port Townsend shall be completed within any time limits for completion that are imposed as a condition of permit approval, or outline under Subsection 6.405 of this Master Program. 6.402 PUBLIC NOTICE Notice of an application and its public hearing, if any, shall be made as The Jefferson County Permit Center or Planning and :B' in a ment shall publish legal notices at least once a week, on the samo the a k, for two consecutive weeks, in a newspaper of general circulatio in h cou ty or city in accordance with the format prescribed by WAC 173-27 1 In addition, the Jefferson County Permit C n er r Planning and Building Department shall ensure that additional no 'ce th ap x tion be made in a manner they deem appropriate to accomplish th jectiv o reasonable notice to adjacent property owners and the public. This be a c mplished by notifying by mail property owners identified by the count re at are adjacent to the property upon which the development propose d/or requiring the applicant to conspicuously post with notice th roperty of the development and/or other locations as directed by the Jefferson ou Permit Center or Planning and Building Department. 7 2. The Jefferson County T publish at least one legal newspaper of general cir after the last publicatio c to the public hey 6.403 BONDS ir Planning and Building Department shall 'a -scheduled public hearing of an application in a �hin the county or city. The notice shall be made notice of application and at least ten (10) days prior To guarantee that c n ' 'ons imposed in conjunction with permit approval are completed, the Board of County m is ' ners or City Council with respect to their separate jurisdictions may require t is t o post a performance bond in an amount satisfactory to the board or council. A such b nd shall be from a reputable bonding company in a form acceptable to the Jeffe n ount Prosecuting Attorney or the City of Port Townsend Attorney. 6�04 SI Whe ersVri County or the City of Port Townsend receives application to revise a orelin ermit previously granted, they shall, with respect to their separate jurisdictions, =dete'ned if the desired modifications are "major and significant." If the modifications are as major and significant, a new and complete application shall be processed in compliance with this section. If the proposed modifications are determined as not being ,9r, 435974 Pap: 6g of s41 Jaf hroan County. WR POPE M M4! 06 611:4OR ou major and significant, the Board or City Council shall review and thereafter approve or deny the request for permit revision. When a permittee seeks to revise a permit, the Jefferson County Planning and Building Department shall request from the permittee detailed plans and text describing the proposed changes in the permit. If Jefferson County or the City of Port Townsend determines that the proposed changes are within the scope and intent of the original permit, they may approve a revision. "Within the scope and intent of the original permit" means all of the following: 1. No additional over -water construction is involved, except that ie , c , r float construction may be increased by 500 square feet or 10 percent o t prov'si ns of the original permit, whichever is less. 2. Ground area coverage and height of each structure may be in as maximum of ten percent from the provisions of the original permit. 3. Additional separate structures may not exceed a total of 5 squ r feet. 4. The revised permit does not exceed height, 1 ve e, t ack, or any of the requirements of this Master Program except as orize u er the original permit. 5. Additional landscaping is consistent with con i 'ons (i an) attached to the original permit and with this Master Program. 6. The use authorized pursuant to the original permi changed. 7. No substantial adverse environmen 1 ' pact will be caused by the proposed revision. If the sum of the revision and a p viously approved revisions violate the provisions above, the county or city s a e it that the permittee apply for a new permit in the manner provided in as rogram. Within eight days of the date of final action by the city co t , t e evision, including the revised site plan, text, and the final ruling on c si n ith this section, shall be filed with the Washington State Departme toy and Washington State Attorney General. In addition, the Planning a d ui i g epartment shall notify parties of record of their action. If the f�yisi a original permit involves a conditional use or variance that was n ti a the Department of Ecology, the Planning and Building Depart n s a u it the revision to the Department of Ecology for their approval, a p ith onditions, or denial. The revision shall indicate that it is being su it ed r the requirement of WAC 173-27-100(5). The Department of c o shall render and transmit to the Planning and Building Department nd t e ittee their final decision within fifteen (15) days of the date of their rec i t of submittal from the county or city. The Planning and Building Department s tify parties of record of the Department of Ecology's final decisi r ised permit is effective immediately upon final action by the county or cr, i th case of a conditional -use or variance, by the Department of Ecology, I cc ce with WAC 173-27-100. 8. s be filed within twenty-one (21) days from the date of receipt of the loca vernment's action by the department, or the date the department's final cis' is transmitted to local government and the applicant. 86 435974 Jefferson County, WA PM NSIOURM MW en 00 6.405 EXPIRATION Criteria for determining when a shoreline permit expires are as follows: 1. Construction or substantial progress toward construction of a project for which a shoreline permit has been granted pursuant to this section shall be undertaken within two (2) years after permit approval or the permit shall expire. I uch progress has not been made, a new shoreline permit application will be re u' ed. Jefferson County or the City of Port Townsend may, at its discretion, r n extension of the two year time period prior to its expiration for up to a ea with prior notice to parties of record and the department based on fa u as r ject-related litigation or the inability to expeditiously obtain other g ve me t I permits. 2. If a project for which a shoreline permit has been a ha of been completed within five (5) years after permit approval, Jeffer o o t or the City of Port Townsend shall at the expiration of the five year p ri d, r vi w the permit and, upon a showing of good cause, may extend the er it r one 1) year or terminate the permit; provided no shoreline permit be e n ed unless the applicant has requested such review and extension prio t the ex i ation date. 3. Jefferson County or the City of Port wn ay issue permits with a fixed termination date of less than five years, an nstruction implementation date of less than two (2) years. n 87 ���Illav�RRIOURM ��-�. SECTION 7 VARIANCES SECTIONS 7.10 General Variances 7.20 Administrative Variances 7.10 GENERAL VARIANCES Deviation from the design standards contained in this variance. Uses which are prohibited within a shorel' permitted without an amendment to this Master considered as a conditional use provided prohibited us Variances from standards contained herein m unique circumstances relating to the prope Master Program would impose unnecessary 1 and goals set forth in Section 1 of this Maste� 7.101 APPLICATION A variance request shall be subs Building Department and s44be request shall include the a c justification based on t? a below. / l 7.102 PUBLIC 0 gra may be permitted by may not otherwise be Unclassified uses may be e authorized. pitted where there are extraordinary or that the strict implementation of the 6l the applicant or thwart the purpose o v� e ' w iting to the Jefferson County Planning and id a an integral part of the permit application. The d and shall contain a statement of the applicant's `review criteria and or findings under Subsection 7.103 0 The Jefferson- Co n y a ing Examiner shall conduct a public hearing on general variance requests of which o s all be made in accordance with requirements set forth in this Master Progr 7.103/E Var' n applications for developments that will be located landward of the ordinary rgh ter mark and not within areas defined herein as marshes, bogs, or swamps may Z 88 435974 Pao*: 540 of 541 Jeff*rson County, WO p0P0 � 111111111111189184120N 11:40fi KSo eae,a® be authorized provided the applicant can demonstrate Items 1 through 6 of Subsection 7.104. In addition, the applicant must demonstrate that the strict application of the standards set forth in this Master Program precludes or significantly interferes with a reasonable permitted use of the property. 2. Variance applications for developments that will be located eithe aterward of the ordinary high water mark or within marshes, bogs, or swamps, * defined in this Master Program, may be authorized provided the applicant c n trate Items 1 through b of Subsection 7.104. In addition, the applicant mu�o at that: a. The strict application of the standards set far`ikh precludes a reasonable permitted use of the pro , b. The public rights of navigation and use of t e shoe affected by the granting of the variance. ) a. Master Program not be adversely of Commissioners or Port is specifically related to the irregular lot shape, size, or and not, for example, from rmitted activities in the area he shoreline environment. :ial privilege not enjoyed by iecessary to afford relief. 'ect. ;e and intent of this Master ion shall be given to the s in the area. For example, i the area where similar remain consistent with the )uld not produce substantial public access requirements following conditions exist The provision will result in an unacceptable hazard to the public. 433974 Paw: 621 of 541 Jefferson County, wA POPE RESOUROEE RESO Om1040A un b. The inherent security requirements of the development preclude access consideration. C. The cost of the access amenity is unreasonably disappropriate to the total cost of the development. d. The provision of access will result in unacceptable environmental harm. e. A significant and unavoidable conflict with adjacent uses will occur. 7.105 APPROVAL In order to comply with the Shoreline Management Act, any requests enera variances will be submitted to the Washington State Department of Ecology or rov , pproval with conditions, or disapproval. The department shall render and s�mi it de 'onto the applicant and Jefferson County or the City of Port Townsend 'this--th' Y ( 30 s of ) days receipt of the final action. Construction may not begin until t ' y ay as elapsed from the date the department has transmitted its approval to the a I'can a d Je rson County or the City of Port Townsend. 7.20 ADMINISTRATIV ARIA ES Variances from the administrative procedures portion f t i aster Program (Section 6) or residential setbacks (Subsection 5.160) ma granted by the Jefferson County Hearing Examiner or Port Townsend City Council u n ecommendation of the Jefferson County Planning and Building Department or Po o se Shoreline Administrator when the board or council is assured the variance i i ee in with the general intent of this Master Program and the Shoreline Manage t II oing so, either body may require special conditions, which in their judgment b ant lly secure the administrative procedures or requirements so varied. n all 435974 Pa@e 622 of 641 Jaf farsan Ca mtY , WA POP[ MWOLOM NO on. �19 : 40A SECTION 8 PROGRAM REVISIONS In order to comply with RCW 90.58.190, Jefferson County and the City f Port Townsend shall periodically review this Master Program and make such adjustments a are desirable or necessary. The Jefferson County Planning Commission shall develop an iewe proposed amendments and adjustments to this Master Program and m ;;r en ions relative thereto to the Board of County Commissioners. Any such revisions or adjustments shall be submitted to Ecology only after completion of at least one u requirements set forth under WAC 173-19, an po Jefferson County Board of Commissioners an ort revision or adjustment shall become effective un '1 i State Department of Ecology. 0 0 tl e as 'n ton Slate Department of is e a in accordance with the n f o�ab'le recommendation by the T w send City Council. No such as e n approved by the Washington 91 439974 PaN: 822 of s41 Jalfarean CowntY, WA POPE II6ft tCEE 0Rto /20M 11:40A RE80 6Ol.0O SECTION 9 LEGAL PROVISIONS SUBSECTIONS 9.10 Violations and Penalties 9.20 Appeals 9.30 Severability 9.40 Effective Date 9.50 Adoption 9.10 VIOLATIONS AND AL 9.101 COURT ACTION The Washington State Attorney General, or th" Port Townsend, shall bring such injunctive, decls ensure that no uses are made of the shorelines f Shoreline Management Act and this Mer r s of each. 9.102 GENERAL PENALTY In addition to incurring civi i person found to have will 11 of the provisions of this on pursuant thereto shall e i less than twenty-five d 1 ar $; imprisonment in the imprisonment; prov' a ine period shall not be es tha ive ($10,000). for Jefferson County or the City of o r other actions as are necessary to n conflict with the provisions of the to otherwise advance the provisions t and CW 90.58.210 and Subsection 9.101 above, any 9.*in activities on the shorelines of the state in violation or a f the Master Program's rules or regulations adopted a ross misdemeanor and shall be punished by a fine of not t nor more than one thousand dollars ($1,000) or by pr not more than ninety (90) days, or by both such fine and for this and all subsequent violations in any five (5) year hundred dollars ($500) nor more than ten thousand dollars In orde to 1, or rrect violations of the Shoreline Management Act or this Master Progra e n ounty or the City of Port Townsend and/or the Washington State De} 7me o co gy may issue a regulatory order in accordance with WAC 173-27. 71, 435974 Pase. 524 of 541 Uffer•on Camtr, WA Popt FMSCU M 99104/20M 11:40A Ro sm.as 9.103 VIOLATOR'S LIABILITY Any person subject to the Shoreline Management Act and this Master Program who violates any provision of the act, Master Program, or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The attorney general or local government attorney shall bring suit for damages under this section on be if of all persons similarly situated. If liability has been established for the cost of restoring a a a affected by a violation, the court shall make provisions to ensure that restoration a ccomplished within a reasonable time at the expense of the violator. In addition to s reli , including money for damages, the court in its discretion may award attorney's s d co is of the suit to the prevailing party. 1 9.104 PERMIT CONDITION VIOLATIONS Any Shoreline permit may, after a hearing with is to he�p1{r ittee and the public, be rescinded by Jefferson County or the City of ow sen upon the findings that a permittee has not complied with the conditions i osed it the permit. A public hearing may be held after ten (10) days notice to the permi ee, ' to s ed parties, and the public. In the event the Washington State Depart compliance continues to exist, the depa County or the City of Port Townsend action to conduct a hearing within thi then petition the Washington St ea e o 1 within fifteen (15) days of the ter Notice of such a petition shall be/m-ae( Q n t � 0 9.201 ADMINIST t of Ecology is of the opinion that such non- nt hall provide written notice to Jefferson h e mittee. If the county or city takes no da of the written notice, the department may s arings Board for a rescission of such permit the thirty day notice to the county or city. county, city, and permittee. APPEALS Any person who c si rs th�'self aggrieved by an administrative decision or interpretation associated with the efinq Management Act and this Master Program shall within ten (10) days of the date o a ct' n, appeal in person or in writing to the Jefferson County Hearing Examiner or rt o nsend Council with respect to their separate jurisdictions for adjudicatio f e ie ance. 9. 02 I PEALS Any er n grieved by the granting or denying of a permit on shorelines of the state, or scindi g permit pursuant to the Shoreline Management Act as not or hereafter amended, a eview from the Washington State Shorelines Hearings Board by filing a request for the within thirty (30) days of receipt of the final order. Concurrently, with the filing of any request for review with the Washington State Shorelines Hearings Board, as provided in rT�' 435974 P&M: 02B of 541 J.ffrrton County, WA POR mtsoumm � /� p1:4OA this section pertaining to a final order of a local government, the requester shall file a copy of this request with the Washington State Department of Ecology and Washington State Attorney General. If it appears to the department or attorney general that the requester has valid reason(s) to seek review, either the Department or the Attorney General may certify the request within thirty (30) days after its receipt to the Shorelines Hearings Board following which the Board shall then, but not otherwise, review the matter covered by the requester; provided the failure to obtain such certification shall not preclude the requester from obtaining a review in the Washington State Superior Court in any right or r v w otherwise available to the requester. The Department and the Attorney General ma i tervene to protect the public interest and ensure that the provisions of the Shoreline nag e t Act are complied with at any time within thirty (30) days from the date of th . 1 o t c pies of the requester. C) The Department or Attorney General may obtain review of any r r anting a permit, or granting or denying an application for a permit, issued by J f s ou or the City of Port Townsend by filing a written request with the Washi n to e Shoreline Appeals Board and the appropriate local government within t 0) s f m the date of the final order was filed, as provided under RCW 90.59.140 ) [*Se�d inistrative Interpretation, Page 107.1 9.30 If any section, subsection, or other portion of t ster Program is held invalid by any court of competent jurisdiction or any evie ority provided by the Shoreline Management Act, such holding shall not a e t tv idity of the remaining portions of this Master Program unless to specified. This Master Program, as Washington State Departgf 9.40'-FFFK'rIVE DATE �#ective March 7, 1989 upon adoption by the as provided under RCW 90.58.090. 94 9.50 ADOMCK This master program, as amended, is hereby approved by the Jefferson -Port Townsend Shoreline Management Advisory Commission this 09/07 88 = -'*� This master p C. Towtlsend 'Ma SEAL j, y 46. ATTEST: David Grove, l Bogart JA Alice King,, �s amended, is hereby a t� City of Port YI this ` W OF T 4NSEND honorable Brunt Shir Mayor This master program, aOs County Board of Canmissi '.0Y Cpsa' sm. ' ,. ZJer Une C . Bragg Clerk of the Boatel 0 hereby approved by the Jefferson W' m- • ►a : • • -u r 86 435974 Pam: 526 of 541 Jefferson County, WA POPE REDO is RE 'an1:4OA " I�II�M�IAI�A PM �435974 � APPENDIX "A" MARINE SHORELINES CONSERVANCY begins at the Clallam Jefferson County line and Conti s along the shoreline, (except for the Gardiner Marsh which is NATURAL), ending at a nt on the South section line of Section 13, Township 29 North, Range 2 West, W e uburban begins. SUBURBAN follows the shoreline, (except for those lands waterw f th r ilroad tracks between Salmon and Snow Creeks which are classified NATURAL e ing 0 feet West of the West bank of Snow Creek where conservancy begins. CONSERVANCY follows the shoreline to a point 1 e E �ot East bank of Snow Creek where suburban begins. SUBURBAN includes all that along the shoreline, (exc t nds lying waterward of the railroad tracks which are designated CONSERVANCY),point 1,000 feet North of the intersection of the Fairmount Road and State ut 0 where conservancy begins. CONSERVANCY continues along the shor ine, n at the North section line of Section 5, Township 29 North, Range 1 West,^WM, i r�e�su rban begins. SUBURBAN follows the shoreline to a of ` ,00 feet North of the South section line of Section 32, Township 30 North, Ra a We M, where conservancy begins. CONSERVANCY follows l� h e ' xcept for the Chevy Chase Marshes which are designated NATURAL),�i4Q et East of the Southwest corner of Section 24, Township 30 North, R 2 West-,-", where suburban begins. SUBURBAN continuo`�t�horeline, ending on the east section line of Section 23, Township 30 North, a st, WM, where conservancy begins. CONSERVANC f llo�us he shoreline to a point 1,000 feet North of the South section line of Section 12VURBAN 3 North, Range 2 West, WM, where natural and suburban begins. NAT is a dual classification with natural comprising that area betwe t inary high water to the top of the bluff and suburban comprising the r ainde ot jurisdictional area. This dual designation follows the shoreline to a p 'nt t the esterly boundary of Fort Warden State Park where natural and conservancy begi M. NATURAL and CONSERVANCY is a dual classification with natural being that area between the ordinary high water line to the top of the bluffs West of Point Wilson and conservancy being the remainder of the 200 foot jurisdictional area. This dual classification follows the shoreline to a point 3,500 feet East of the West section line of Section 35, Township 31 North, Range 1 West, WM, where conservancy begins. CONSERVANCY includes all that along the shoreline to the Point Wilson lighthouse where natural and conservancy begins. < \ NATURAL and CONSERVANCY is a dual classification with nat co--j pr' ing that area from the ordinary high water line to the Fort Worden State Park cess oa a d onservancy comprising that remaining area of the 200 foot jurisdiction. Thi al c ific ' n goes along the shoreline to a point 2,100 feet South from the North section 'ne tion 35, Township 31 North, Range 1 West, WM, where conservancy begins. CONSERVANCY continues along the shoreline w i e ds t he Southern boundary of Fort Worden State Park where natural and subur a gins. NATURAL and SUBURBAN is a dual classifica 'o with ural being that area between the line of ordinary high water to the top of the bluffs d su rban being the balance of the 200 foot jurisdictional area. This dual cl s' 'cation follows the shoreline to the Southern boundary of Chetzemoka Park where urba e ' s. URBAN follows the shoreline ending ,7 ee oath of the North section line of Section 16, Township 30 North, Range 1 W ss r conservancy begins. CONSERVANCY follows there ' e o the Southern boundary of OId Fort Townsend State Park where conservancy ul�b n begins. CONSERVANCY a " A—Wis a dual classification with conservancy being that area between the ordina to ine to a point 50 feet landward from the edge of the bluffs and suburban be'n r ai g 150 feet of the 200 foot jurisdictional area. This dual designated area f ow the h eline, (except for that area from a point 2,000 feet Northwest of Kala Point to a t 00 eet South of the South section line of Section 26, Township 30 North, Range e , which is classified NATURAL), to the South section line of Section 26, T w shi North, Range 1 West, WM, where conservancy begins. CONSE oolows the shoreline including. the. mouth and both banks of the Chim re , (except the estuarine waters of the creek which are designated "T en ing at the South bank of the mouth bf the creek where urban begins. allows the shoreline to a point 300 feet South of the North section line of Section 2, 29 North, Range 1 West, WM, where conservancy begins. 97 CONSERVANCY goes along the shoreline ending at the East section line of Section 2. Township 29 North, Range 1 West, WM, where urban belones. URBAN goes along the shoreline to the North side of the Lower Hadlock Road where suburban begins. SUBURBAN follows the shoreline (except for'the Lower Hadlock Spit and Lagoon which are designated CONSERVANCY), ending at the point 2,200 feet East of the East a ion line of Section 2, Township 29 North, Range 1 West, WM, where urban begins. URBAN follows the shoreline to a point 4,100 feet East of the East secti o n n 21, Township 29 North, Range 1 West, WM, where suburban begins. SUBURBAN goes along the shoreline ending on the North side di Island Bridge where conservancy begins. CONSERVANCY includes that area along the shoreli5ere pt t Bay Park Marsh and Lagoon which are designated NATURAL), to a point P e Way Road extends into Oak Bay within Section 7, Township 29 North, Range W , where suburban begins. SUBURBAN goes along the shoreline to a poi�__u e Et e Southern intersection of the Oak Bay Road and Sentinel Firs Road where con cy begins. CONSERVANCY follows the shoreline to p 'nt feet West of the East section line of Section 29, Township 29, North, Range�Eas I ere suburban begins. SUBURBAN follows the shoreline to a o' t the North side of Mats Mats Bay, 3,000 feet East of the West section line of Secti ship 29 North, Range 1 East, WM, where conservancy begins. 0 CONSERVANCY goes alo o ine, ending at Basalt Point where suburban begins. SUBURBAN goes alon t e e i to the South section line of Section 9, Township 28 North, Range 1 East, W h e ur an begins. URBAN includes th t re o the shoreline to a point where Ludlow Creek intersects with the Paradise Bay Roa t orth side of the creek where -suburban begins. SUBURBAN Ito t shoreline, (except far the Ludlow Creek. estuary which is designated NAT n g feet East of the West section line of Section 15, Township 28 North, Range 1 a�st, ere conservancy begins. CONSERVAfollows the shoreline to a point 2,200 feet South of the North section line of Sect "'Wriship 28 North, Range 1 East, WM, where suburban begins. 98 I�II�I�'I��aI�IN1:S9':: , SUBURBAN goes along the shoreline ending at the sand spit connecting Hood Head with the mainland where natural and conservancy begins. NATURAL and CONSERVANCY is a dual classification with natural being all the nonconiferous area (the mud flats and spits) and conservancy being that area lying landward of the natural area following the shoreline to the South section line of Section 26, Township 28 North, Range 1 East, WM, where conservancy begins. n CONSERVANCY follows the shoreline to a point 700 feet West of t� W t�ction line of Section 2, Township 27 North, Range 1 East, WM, where suburban beg' SUBURBAN continues along the shoreline ending 4,800 feet W f th ast 4e�ion line of Section 33, Township 28 North, Range 1 East, WM, where natura eg NATURAL goes along the shoreline to a point 4,600 feet o th he rth section line of Section 32, Township 28 North, Range 1 East, WM,Z e b egins. SUBURBAN follows the shoreline ending 1,0 o t of the South section line of Section 4, Township 27 North, Range 1 East, WM, wc n ervancy begins. CONSERVANCY follows the shoreline 4,400 feet North of the North section line of Section 9, Township 27 North, Range 1 East, where suburban begins. SUBURBAN follows the shoreline, (ex e t salt marsh lying South of the Bridgehaven Road which is designated NATL.L}, o a p t immediately South of South Point where conservancy begins. CONSERVANCY follows the s ore' a ong the Toandos and Bolton Peninsulas, (except for the Thorndyke Mars�h`�nd i er 's Point Marsh which are designated NATURAL), ending on the West s' VV t Peninsula at the North section line of Section 30, Township 27 North a 1 es , WM, where suburban begins. SUBURBAN coat' ue alo t e shoreline to a point 1,200 feet North of the South section line of Section 19, s ' 27 North, Range 1 West, WM, where urban begins. URBAN follo s he s o eline ending 2,600 feet North of the South section line of Section 19, Township 27 rt� e 1 West WM where suburban g begins. SUB N llo s the shoreline to a point 1,500 feet East of the West section line of S ct' n wns ip 27 North, Range 1 West, WM, where conservancy begins. ONS ANCY follows the shoreline to a point 500 feet South of the North section line of e 'on ownship 27 North, Range 2 West, WM, where suburban begins. aj 435974 Pail: 031 of 041 0�/0412000 11:40A Jefferson County. WA POPE Ri00=[& RE00 000.00 SUBURBAN continues along the shoreline, ending 2,800 feet South of the North section�ne of Section 25, Township 27 North, Range 2 West, WM, where urban begins. URBAN goes along the shoreline to a point 3,400 feet South of the North section line of Section 25, Township 27 North, Range 2 West, WM, where conservancy begins. CONSERVANCY continues along the shoreline, ending at the North section line of Section 7, Township 26 North, Range 1 West, WM, where suburban begins. SUBURBAN goes along the shoreline to a point 2,300 feet East of the est ti n line of Section 7, Township 26 North, Range 1 West, WM, where conservancy s. CONSERVANCY follows the shoreline to the East side of Spenc ek w ere suburban begins. SUBURBAN follows the shoreline, (except for the Right Sma ov idal Marsh which is classified NATURAL), ending at the West section lie Sect' 2 ,Township 26 North, Range 2 West, WM, where conservancy begins. CONSERVANCY follows the shoreline to a point 2, 0 e th of the North section line of Section 26, Township 26 North, Range 2 W� WM, w ere suburban begins. SUBURBAN continues along the shoreline of Section 26, Township 26 North, Range 2 CONSERVANCY follows the A designated NATURAL), ending 3 Township 25 North, Range 2 West feet South of the North section line here conservancy begins. . the Dosewallips River estuary which is of the North section line of Section 2. suburban begins. SUBURBAN goes along =�Iine to point 1,000 feet South of the North section line of Section 23, Township 25a e 2 West, WM, where conservancy begins. CONSERVANCY f�Ikt oreline, (except the Duckabush River estuary which is designated NATUKAapoitft 1,500 feet South of the North section line of Section 21, Township 25 north,,_-R�e st, WM, where suburban begins. SUBURBAN foll the horeline to the South section -line of Section 21, Township 25 North, Rang e , where conservancy begins. COIF R Y oes along the shoreline to fhe'South side of McDonald Creek where BA ontinues along the shoreline to a point 3,400 feet South of the North section line Sects 29, Township 25 North, Range 2 West, WM, where conservancy begins. 100 435974 Pass: 032 of 541 J�ff���on Bill RESOUpCEE REBO 1606 001:40A CONSERVANCY goes along the shoreline ending 4,000 feet South of the North section line of Section 31, Township 25 North, Range 2 West, WM, where suburban begins. SUBURBAN follows the shoreline to the Jefferson -Mason County line at the South section line of Section 31, Township 25 North, Range 2 West, WM. ISLANDS Protection Island —NATURAL begins at the East section line of Sect' 4 ownship 30 North, Range 2 West, WM, and extends West around Kanem Poi t e No h nd East to Violet Point, then West to the Eastern jetty of the marina entran a here c nse ancy begins. CONSERVANCY extends to the West section line of Section 3, w p 30 North, Range 1 West, WM. Skunk Island —NATURAL. 0 Indian Island --CONSERVANCY begins at the n ian Isl Bridge and extends 3,500 feet East of the West section line of Section 7, Town hi 9 rth, Range 1 East, WM, where natural begins. NATURAL, which enco asses the ats and spit, extends 100 feet East of the West section line of Section 8, o ship 29 North, Range 1 East, WM, where conservancy begins. CONSERVANCY exte s Marrowstone Island. Marrowstone Island--CONSER A (cce V for Buggie Spit which is designated NATURAL). (� The Twins —NATURAL. Klas Rocks—NATI Colvos Rocks --NA Hood Head —CON Bridgehaven Bar,A 101 433974 Page: 0n of 541 00104/2000 11:40A �.rr•�.a, CountV, WA POPE RE00LMS RE00 000.00 LAKES The following lakes are all designated CONSERVANCY: Anderson Lake Chinese Gardens Crocker Lake Gibbs Lake Kah Tai Lagoon Leland Lake Lords Lake Peterson Lake Sandy Shore Lake Tarboo Lake RIVERS AND CREEK The following river and creeks are all designated Unnamed Lake Wahl Lake S VA 34 Big Quilcene River Matheny r ABogachiel River Miller Cre k Cedar Creek Miller Cree a Chimacum Creek Mi r Creek Christmas Creek Mo ui Creek Clearwater River Nol ee Dosewallips River C k Duckabush River i u t aver Fulton Creek 0 o k ook Goodman Creek a on River Hoh River Creek Hurst Creek S ahapish River Kalaloch Creek 0 now Creek Little Quilcene River Sollecks River Maple Creek Stequaleho Creek Winfield Creek All wetlands associ t ith the 100 year floodplain of streams within the jurisdiction of this Master Program an o 1 s elines of the state located within the boundaries of federal lands, and not otherwise cl , shall be designated Conservancy. 102 I�I u 435974so: IN f Jgffsr@an oeunty. WA PM �ouMe ISO `W.�e,..aa IIN IIIIIII .sue Ii:mm Jefferson County, a Pori IItl01i1C[: Also m," JEFFERSON COUNTY COURTHOUSE JEFFERSON COUNTY PLANNING AND BUILDING DEPARTMENT P.1). ties 12211 Port Townsend. Washingtim ()8:368 Planning (201i) :185-9140 Building (20#0 :15:3-91•It Da% -id Goldsmith. D'r ctor MEMORANDUM To: Shoreline Property Owners Residential Contractors From: Jefferson County Planning and 161�a_ment Subject: Setbacks for residential structur s ty :he shoreline jurisdiction Setbacks for constructing residences a d co. m n appurtenant structures including garages within the shorelin ri Lion are specified in the Jefferson -Port Townsend Shoreline Mana . ent aster Program, Section 5.160 RESIDENTIAL DEVELOPMENT, Perfor7o) ee Stan and 10. The minimum setback is thirty (3e from the ordinary high eater mark when there is no bank or a ban s n ten (10; feet high. When there is a bank gre IT, t tt (10) feet high, the setback Is th'rty (30) feet measureom 'h a bank or one (1) foot back from the zo-o of the bank for each o'6t of bank height whichever Is greater. Setbacks shall not excee"e u Bred (100) feet. When there are ex�ng r4s1dL- ces within. three hundred (30C) feet on both sides of the pro d u_1 i g site, the setback shall be the average cf those residencregulation_ setback, whichever is less. =Z those instances whe e e is s_ng a residence within three hundred (300) feat of the propo a ur'd _ site, the setback shall be t:+e average of the regulation se ac. a the setback of the existing residence or t:+e regulation_ sett c. `hichever is less. Residences or averaging purposes sisal_ be Habitable by exsst_:-tg Jefferson C u t s andards. Shacks, sheds, and dilapidated structures sha„ not con '''u existing residence. W en si tial setback is estatilished•as a condition of the aparovaa of r i n.'al development, that setback shall take precedence. Setb k shall be measured from the waterward most edge of the str uc : a_ e, e:�c' i a decks and eaves. pe-ests for deviations from these standards shall be considered as administrative variances subject to Master Program Section. 7.20 ADMINISTRATIVE VARIANCES and shall be reviewed under the criteria In Section 7.104 CRITERIA. 111@11111l11435974 l05 '+w: ae of sit Jef tween I W IM. MUM 4eA -- -- 435974 -- Pam! W of 1141 l61f1141ZlN 11:41M Jefferson County, WA POPE mrso ms REDO M.W which to base future decisions on industrial activities: 'it is anticipated- thi tWi Glen -Cove area will be determined to be the appropriate location for the majority of the County's future industrial development. Maps of the designated industrial area are provided on pages 3-48 to 3-53. MASTER PLANNED RESORTS Master planned resorts (MPRs) are large-scale, self-contained developments that are based on an integrated,'conceptual master plan, yet are typically developed in stages depending o market demand or other factors. Recent amendments to the Growth Management Act (GMA) ai jurisdictions to recognize existing master planned resorts which may constitute urban growth o id o Urban Growth Areas as limited by RCW 36.70A.362. Jefferson County currently contains one master planned resort, Port Ludlo , an hibe siting of e any additional MPRs. T master planned resort of Port Ludlow is ch ter" both single-family and multi -family residential units with attendant recreational facilitie c in marina, resort and convention center, and is one of Jefferson County's fastest grown m u We Located on Port Ludlow Bay and surrounded by an area of significant natural am n ties, o Lu low is suited to be designated as a master planned resort. Port Ludlow is managed by Olympic Resources Manage e t (O corporation which is responsible for the phased development of the community and s . Al o gh Port Ludlow is a planned development, its overall phased development pattern m cha a according to changing market conditions. Any change in the development pl ill need to be reviewed for consistency with the Comprehensive Plan and for compliance with Pon-1,umRw's FEIS and all applicable federal, state and local regulations. Currently, a development agree en 's 'ng prepared between ORM and the County that, if adopted, will allow for flexibility in the vr2 de'veopment of the Port Ludlow master planned resort within the limits of a residential dap f �res ential units and a total of 65,000 sq. & of retail/commercial development. 7 The Comprehensive Plan contains pol' 'es in 25.0 that help guide development at Port Ludlow. Many of Port Ludlow's goals and po i es r rafted from issues identified by community residents who, through the establishme f c uni tanning groups, articulated their desired plan for Port Ludlow's future developm e o a policiet identified by the community and included in Jefferson County's Compre a an ocus on maintaining and enhancing Port Ludlow's recreational and community amenities -,:a pr rvi a community's lifestyle. DESIGNATION OF RtMAL-RESIDENTIAL DENSITIES Jefferson County be a th the best means available to retain open space, environmental qualities, traditional land us s, and o her elements of rural character is through low density residential development, small- a I village centers and crossroads, and where appropriate, resource -based industrial uses hat c no accommodated within the UGA of Port Townsend. Dens est at' ns and development regulations ultimately guide the pattern and intensity of develo en a he Growth Management Act does not specifically identify appropriate densities, it d state t t variety of rural land use densities should be provided for residential uses. The densities e ' ed ar uided by the County's analysis of Growth Management Hearings Board rulings, and are base on is ng development patterns, available land, projected growth rate and level of service standards. Jefferson County Comprehensive Plan ' 3-31 August X t "I 435974 Pass: M of 641 01/6412M 11:40 Jefferson testy, NA PM mm 666.n SHORELINE MASTER PROGRAM ADMINISTRATIVE VARIANCES PROCEDURES Variances from the administrative procedures portion of this Master Program (Section 6) or residential setbacks (Subsection 5.160) may be granted by the Jefferson County Board of Commissioners or Port Townsend City Council upon recommendatio of the Jefferson County Planning Department or Port Townsend Shoreline Administrator h n the Board or Council is assured the variance is in keeping with the general intent t ter Program and the Shoreline Management Act. In doing so, either body may r e a conditions, which in their judgement will substantially secure the ad i e o edures or requirements so varied. REVIEW Variance applications for developments that wil%nas water mark and not within areas defined herauthorized provided the applicant can demonstrataddition, the applicant must demonstrate that theor performance standards set forth in this ster with a reasonable permitted use of the proj3g�t3'\ CRITERIA Ian rd of the ordinary high I bogs, or swamps may be ugh 6 of the criteria below. In tion of the policies, procedures, cludes or significantly interferes In reviewing a variance applicati%tevJ ffr n County Board of Commissioners or Port Townsend Council shall make the fow dines: 1. The hardship, as describ d abo e, is specifically related to the property and is the result of unique condi su h fr egular lot shape, size, or natural features and the application of i to rant and not, for example, from deed restrictions or the applicant's o cti ns. 2. The design of o1 t will be compatible with other permitted activities in the area and will not au adv effects to adjacent properties or the shoreline environmental designation. 3. The vari n ut or' ed does not constitute a grant of special privilege not enjoyed by the othe rope es in the area, and will be the minimum necessary to afford relief. 4. The b ' in er st will suffer no substantial detrimental effect. 5. T e ri cc will be in harmony with the general purpose and intent of this Master ro am. _ 6. n e ranting of all variance applications, consideration shall be given to the cu u ve impact of additional requests for similar actions in the area. For example, i v riances were granted to other developments in the area where similar r mstances exist, the total of the variances should also remain consistent with the rpose, goals, and policies of this Master Program and should not produce substantial adverse effects to the shoreline environment. �Qh 435974 PNN : 040 of 541 111011111111 M10412000 11:40R MASTER PLANNED RESORT Jefferson county WAPOPL ftlt•OURCE: ftEs° S• LNG 25.0 Maintain the viability of Port Ludlow as Jefferson County`s only Master Planned Resort (MPR). LNP 25.1 Ensure that development in Port Ludlow complies with Cou e ! meet regulations established for critical areas and that on -site and off -site in ture pacts are fully considered and mitigated. LNP 251 The provision of urban -style services to support the an ' ipwth and development at Port Ludlow shall occur only within the designa u LNP 25.3 No new urban or suburban land uses will be s �blis a in the vicinity of the Port Ludlow Master Planned Resort. LNP 25.4 The total number of residential lots all ble wi i the MPR boundary shall not exceed the 1993 Port Ludlow FEIS total of 2,2 i dwelling units. LNP 25.5 Port Ludlow shall accomm a a variety of housing types, including affordable housing, single family and multi- housing and assisted living care facilities. LNP 25.6 Support efforts to presery p t Port Ludlow's greenbelts, open spaces and wildlife corridors. 0 0 LNP 25.6.1 Support t e 's meat of a Ludlow Creek Nature Preserve. LNP 25.7 No preliminary pl is will rocessed by Jefferson County for the 200-acre area south of the Poo G o rse within the MPR boundary (as depicted on the official Jefferson ou a Map) 6ntil such time as a conceptual site plan has been LNP 25.8 The rtv -dloo v aster Planned Resort commercial area shall be designated as the Port Ludlo ill e.Commercial Center. 0 1eRawn CWMty Comprehensive Plan 3-92 AuSt 2:. 1"I 439974� Pase: 641 of 541 Actloo Items Jefferson county, WA POPE RnOLMM KSo4�6Z e0�1:40A Coordinate the development of design guidelines for Rural Village Centers and Rural Crossroads through a process involving the Community Planning Groups. These guidelines shall provide guidance on preferred design features to be incorporated into commercial development or redevelopment in the unincorporated portions of the County to preserve community character and cohesiveness. The guidelines and a process for implementing them shall, upon adoption, be incorporated into the Zoning Code. (Corresponding Goals: 1.0, 2.0, 4.0, 5,0\,\9.0, 19.0) 2. in order to preserve rural character, rural commercial developm u nd dimensional guidelines shall be developed for Rural Crossroads and the Rural i Cent designations. These guidelines shall include, but not be limited to, the follow' mete uilding bulk requirements (sales floor area and total leasable area), shape co 18 rati , setbacks, lot coverage, building design and building materials, road fronts from public roads,, landscaping standards, buffering, parking requirements a d fighting standards. (Corresponding Goals: 1.0, 2.0, 4.0, 5.o, 17.0, 18.0) 4. Initiate a stud of innovative site 0 Y planning tecftint es hic rese a rural character, open space, and provide for a full range of rural residential rtuniti ese techniques may include, but should not be limited to residential clustering p ss. An p r cap on building size should also be defined for each zoning district in the Coun A r al ation, ordinance amendments shall be prepared to incorporate techniques into approp ' tions of the Zoning and Subdivision Codes. Consider impact fees for develo in t costs. (Corresponding Goals: 1.0, 2.0. 3.0, 14.0, .0, 8.0. 21.0, 22.0, 23.0) C. MASTER PLANNED RESO� O Jefferson County's strategy is to coordinat s rth Port Ludlow to support its development as a Master Planned Resort while containi g " rba development within the boundaries of the Resort. Action Items 0 1. Establish procedu s o m it 'ng growth to ensure that Port Ludlow does not exceed its targeted popul ti d sin rojections. (Corresponding Goal: 25.0) 2. Encourage the t rov de a mixture of affordable housing types including single-family, multi -family ss' a care living facilities. (Corresponding Goal: 25.0) 3. Allow for a dop i n of a Development Agreement between the Jefferson County and Olympic Resourr age nt pursuant to RCW 36.70B.170. (Corresponding Goal: 25.0) hffsilon County Comprehensive Plan 3-94 August 2S. I"I 435274 rw.: q7 of "I M/M1MM 11:40 .lofhrom aemty. WA I MMUIICLS MM M.M SHORELINE MASTER PROGRAM ADMINISTRATIVE VARIANCES PROCEDURES Variances from the administrative procedures portion of this Master Program (Section 6) or residential setbacks (Subsection 5.160) may be granted by the Jefferson County Board of Commissioners or Port Townsend City Council upon recommendation o the Jefferson County Planning Department or Port Townsend Shoreline Administrator wh n he Board or Council is assured the variance is in keeping with the general intent of t t Program and the Shoreline Management Act. In doing so, either body may require cia c ditions, which in their judgement will substantially secure the adminis ratio proc d res or requirements so varied. O REVIEW Variance applications for developments that will be Io ld of the ordinary high water mark and not within areas defined herein rshes, s, or swamps may be authorized provided the applicant can demonstrate It s 1 thr u 6 of the criteria below. In addition, the applicant must demonstrate that the stri a lica o of the policies, procedures, or performance standards set forth in this master prog re c des or significantly interferes with a reasonable permitted use of the prope CRITERIA In reviewing a variance application, Townsend Council shall make the fo Board of Commissioners or Port I. The hardship, as described , i ifically related to the property and is the result of unique conditio ch irr Iar lot shape, size, or natural features and the application of this r r ra nd not, for example, from deed restrictions or the applicant's own a i s. 2. The design of p o'e wi a compatible with other permitted activities in the area and will not ca se ve a ects to adjacent properties or the shoreline environmental designation. 3. The variance ut i oes not constitute a grant of special privilege not enjoyed by the other p o ertt s in the area, and will be the minimum necessary to afford relief. 4. The public t ill suffer no substantial detrimental effect. 5. The v fan a in harmony .with the general purpose and intent of this Master Pro 6. t anti g of all variance applications, consideration shall be given to the lati a mpact of additional requests for similar actions in the area. For example, if ri nces were granted to other developments in the area where similar irc antes exist, the total of the variances should also remain consistent with the ur e, goals, and policies of this Master Program and should not produce substantial adverse effects to the shoreline environment.