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STATE OFWASIDNGTON
County of Jefferson
IN THE MATTER OF A RESOLUTION
to enter into a development agreement with
land owned by Pope Resources per Chapter
36.70B.170 and Chapter 36.70B.200
Revised Code of Washington
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Resolution No, 42-00
The Jefferson County Board of Commissioners enters the following findings:
1. On August 28, 1998 the BOCC adopted Resolution No. 72-98 establishing the Jefferson County
Comprehensive Land Use Plan in accordance with the Growth Management Act Chapter 36.70A
RCW.
2. The Comprehensive Plan established the Port Ludlow Master Planned Resort. The Comprehensive
Plan contains policies in LNG 25.0 ofthe Land USe and Rural element, which maintain the viability
of Port Ludlow, as Jefferson County's only Master Planned Resort (MPR).
3. On October 4, 1999 the BOCC adopted Ordinance No. 08-1004-99 as development regulations for
the Port Ludlow Master Planned Resort.
4. Pursuant to Chapter 36.70B.170 Jefferson County may enter into a development agreement with a
person having ownership of real property within Jefferson County.
5. Land Use and Rural Strategy C, Master Planned Resort, Action Item 3 of the Comprehensive Plan
(page 3-94) allows for the adoption of a Development Agreement between Jefferson County and Pope
Resources (Olympic Property Group) pursuant to Chapter 36.70.B.170 RCW.
6. The Board of County Commissioners finds that the Development Agreement is consistent with the
applicable development regulations adopted by Jefferson County under chapter 36.70A RCW.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Jefferson County,
Washington, as follows:
1.0 The adoption of Port Ludlow Development Agreement (attached hereto as Exhibit A) covering
approximately 1,200 acres ofland owned by Pope Resources and located in Jefferson County furthers
the public's health, safety and welfare by allowing development to take place in a predictable manner
consistent with the County's Comprehensive Plan and the Port Ludlow Master Planned Resort Code,
Ordinance No. 08-10004-99.
2.0 The Board intends this Resolution shall apply to all land owned by Pope Resources within the Port
Ludlow Master Planned Resort, to the extent pennitted by law.
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3.0 Effective Date. This resolution shall become effective on the 8th day of May 2000.
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4.0 Adoption. Adopted by the Jefferson County Board of Commissioners this t day of ~'-
2000. , . ~
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APPROVED AS TO FORM: ONLY
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Juelanne Dalzell
Jefferson County Prosecuting Attorney
ity Development
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PORT LUDLOW DEVELOPMENT AGREEMENT
1.
PARTIES, PLANNING CONCEPT and RECITALS
1.1 PARTIES
This DEVELOPMENT AGREEMENT ("Agreement") is entered into this / d- day of
, , 2000, by and between POPE RESOURCES, a Delaware Limited
Partners .p, its subsidiary companies OLYMPIC PROPERTY GROUP LLC (a
Washington limited liability company), OLYMPIC RESORTS LLC (a Washington
limited liability company), OLYMPIC WATER AND SEWER, INe. (a Washington
corporation), OLYMPIC REAL ESTATE DEVELOPMENT LLc. (A Washington
limited liability company) (collectively referred to as "Pope" hereinafter) and
JEFFERSON COUNTY, a municipal corporation under the laws of the State of
Washington. This Agreement relates to real property consisting of some 1200 acres
owned by Pope and located in Jefferson County, Washington within the area known as
the Port Ludlow Master Planned Resort or "Port Ludlow MPR." The term "Pope
Property" as used elsewhere in this Development Agreement shall include and shall refer
solely to the property owned by Pope within the Port Ludlow MPR, as described in
Exhibit 1 (the "Pope Property").
1.2
PLANNING CONCEPT AND VALUE
A plan for future buildout ofthe Pope Property within the Port Ludlow MPR
promotes growth management and planning objectives ofthe County, including
reasonably priced housing; innovative and sensitive land development with clustering and
critical area tracts; environmental protection; creative mix of resort, commercial and
residential uses; and sustainable economic vitality.
1.3
RECITALS
1.3.1 The Washington State legislature finds that the lack of certainty in
the approval of development projects can result in a waste of public and private
resources, escalate housing costs for consumers and discourage the commitment to
comprehensive planning which would make maximum efficient use of resources at the
least economic cost to the public. RCW 36.70B.170.
1.3.2 Jefferson County is a municipal corporation under the laws of the
State of Washington with authority to enact laws and enter into agreements to promote
the health, safety and welfare of its citizens, including the approval ofland use plans and
development.
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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 Comprehensive Plan
adopted on August 28, 1998, in Resolution No. 72-98.
1.3.5 The County has allocated and reserved from its population forecast
prepared by the state Department of Community, Trade and Economic Development
2250 residential dwelling units (at buildout) to the entire Port Ludlow MPR, including
Pope Property. Residential dwelling units do not include transient, resort units or
commercial properties.
1.3.6 In keeping with the Growth Management Act's purpose of
promoting wise use of land through coordinated planning efforts, the Jefferson County
Countywide Planning Policies and the Comprehensive Plan anticipate completion ofthe
resort/residential community of Port Ludlow.
1.3.7 This Agreement relates to the future development of real property
owned by Pope or any of its subsidiary companies located in Jefferson County,
Washington. The Pope Property is comprised of approximately 1200 acres of land and is
part of the Port Ludlow MPR.
1.3.8 The Port Ludlow MPR has a variety of designated uses including
residential, resort, community facilities, Village Commercial Center, open space and
recreational areas, including a golf course and marina.
1.3.9 The coordination of land use decision-making involving large land
areas, such as Port Ludlow, provide unique opportunities for the benefit of the County
and the existing and future residents ofthe Port Ludlow MPR.
1.3.10 The County has determined that the coordinated planning of Port
Ludlow furthers the goals ofthe County, as reflected in the Countywide Planning Policies
and the Comprehensive Plan.
1.3.11 The parties to this Agreement acknowledge that the Zoning
Ordinance for the Port Ludlow MPR is in conformance with the standards set forth in the
Countywide Planning Policies and the Jefferson County Comprehensive Plan and is
consistent with the goals and requirements of the Growth Management Act.
1.3.12 As of the date of this Agreement, Port Ludlow has approximately
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1791 developed homes, condominiums and platted lots, as well as a small resort, marina
and commercia] 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 of2,250, as set forth in
zoning chapter adopted by the Board of County Commissioners on October 4, 1999 in
Ordinance 08-1004-99.
1.3.13 Buildout of the Pope Property is expected to occur over the next
ten to twenty years. Pope, Jefferson County, Port Ludlow community groups and
members of the public at large will invest considerable time in the County permit and
review process for the future bui1dout of the Pope Property. A development agreement is
an appropriate way of providing certainty over time with respect to permitted densities,
uses, development standards and other aspects of the development review process.
1.3.14 The parties to this Agreement acknowledge the separate document
entitled Memorandum of Understanding regarding the provision of sewer service (Sewer
MOD), which document was approved by the Board of County Commissioners on
October 4, 1999.
1.3.15 Pursuant to RCW 36.70B.200, this Agreement was the subject of a
fifteen (15) day comment period, which ran from April 19, 2000 to May 5
2000, and a hearing was held before the Jefferson County Board of County
Commissioners on May 1 , 2000. The Board of County Commissioners reviewed and
took official action adopting this Agreement on May 8 , 2000.
2.
POPE PROPERTY ELEMENTS
2.1.
POPE PROPERTY
The Pope Property consists of approximately 1200 acres. The Pope Property is
described with particularity in Exhibit 1. A map showing the location ofthe Pope
Property within the Port Ludlow MPR is attached as Exhibit 2.
2.2
PORT LUDLOW MPR DESIGNATED ZONES
The Port Ludlow MPR includes the following designated zones, with permitted
uses as defined in Port Ludlow MPR Zoning Chapter of the Jefferson County Code,
attached as Appendix A hereto:
. Single Family (MPR-SF)
. Single Family Tracts (MPR-SFT)
. Multiple Family (MPR-MF)
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. 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 ofthe Port Ludlow MPR in a recordable format.
Exhibit 2 shows the location of the Pope Property within the Port Ludlow MPR.
3.
DEVELOPMENT STANDARDS
3.1
PERMITTED LAND USES AND DENSITY STANDARDS; ZONING
The permitted land uses, regulatory standards and density standards for
development within the Pope Property are set forth in the Port Ludlow MPR Zoning
Code chapter of the Jefferson County zoning code, attached as Appendix A.
3.2
PLANNING GOALS AND OBJECTIVES
The planning goals adopted by Jefferson County in the Comprehensive Plan shall
be the policy guidance and the foundation for all future development of Pope Property.
The Comprehensive Plan policies for the Port Ludlow MPR are attached as Appendix B.
3.3
SURFACE WATER STANDARDS
All future development within the Port Ludlow MPR shall be subject to the
Jefferson County Stormwater Management Ordinance #10-1104-96. A copy ofthe
ordinance is attached in Appendix C. The County shall be responsible for the
management of surface water in all public road rights of way, easements accepted by the
County for maintenance and other areas dedicated to the public.
3.4
CRlTICAL AREA STANDARDS
The critical areas, boundaries of such critical areas and allowed uses within the
critical areas ofthe Port Ludlow MPR shall be determined based upon the Jefferson
County Interim Critical Areas Ordinance No. 05-0509-94 as amended by Ordinance No.
14-0626-95. A copy of the ordinance is attached in Appendix D.
3.5
PLATTING STANDARDS
Platting within Port Ludlow MPR shall be pursuant to RCW 58.17 and the Jefferson
County Subdivision Ordinance No. 04-0526-92 and within the time frames adopted by
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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 ofthe ordinances are attached in Appendix E.
3.6
SHORELINE MASTER PROGRAM
All future development within the Port Ludlow MPR shall be subject to the
Jefferson County Shoreline Master Program in effect as of the date of this Agreement. A
copy of the applicable Shoreline Master Program is attached as Appendix F.
3.7
PORT LUDLOW WATER SERVICE
Water main extensions and water system improvements that may be required to
serve the Pope Property shall be installed in conformance with the most current approved
specifications and requirements, at the time of installation, of the Ludlow Water
Company Water System Plan, the Jefferson County Coordinated Water System Plan and
the Washington State Department of Health, and all other applicable laws, ordinances,
rules and regulations.
3.8
PORT LUDLOW SEWER SERVICE
Sewer mains and sewer system improvements that may be required to serve the
Pope Property shall be installed in confonnance with the most current, approved
specifications and requirements of the Pope Resources General Sewer Plan, as approved
by the Department of Ecology, and all other applicable laws, ordinances, rules and
regulations.
3.9
POLICE
Jefferson County shall provide police services within the Port Ludlow MPR.
3.10
FIRE
Fire services within the Port Ludlow MPR shall be provided by Jefferson County
Fire District No.3. Mitigation fees associated with development, if any, shall be
determined and paid pursuant to applicable state and local law.
3.11 FLEXIBILITY AND MODIFICATION OF POPE PROPERTY
DEVELOPMENT ELEMENTS, STANDARDS FOR DEVELOPMENT AND OTHER
MITIGATIONS BY COUNTY
The development of Pope Property described in this Agreement, including the
Exhibits and Appendices, provides the desired initial definition and certainty of the Pope
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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 County Review Procedures and Standards
The review and approval of proposed development applications proposed
by Pope for Pope Property shall be pursuant to the Port Ludlow MPR Zoning Ordinance
(Appendix A) and the County's Land Use Application Procedures Ordinance, Ordinance
04-0828-98, which is attached in Appendix E.
3.12.2 SEPA Compliance
3.12.2.1 Prior EIS. The parties acknowledge that potential impacts
and mitigation measures for certain future development of the Pope Property have been
reviewed in prior environmental documents, including environmental impacts from the
development of Ludlow Bay Village, which is in the resort vicinity of the Port Ludlow
MPR. The parties acknowledge that the prior EISs reviewed potential impacts and
mitigation regarding potential development on a macro-level and were not project-
specific EISs.
The prior reviews were published in the following documents:
Draft Environmental Impact Statement for Inn at Port Ludlow (October 1992);
Inn at Port Ludlow. Final Environmental Impact Statement (Apri11993);
Port Ludlow Development Program. Draft Environmental Impact Statement (October 1992);
Port Ludlow Development Program. Final Environmental Impact Statement (April1993).
3.12.2.2 Future SEPA Review for Individual Projects. The parties
agree that this Agreement and the prior EISs set forth the regulations and certain
mitigation requirements to be applied to future Pope Property development proposals.
The parties further agree that new environmental review (SEP A compliance) shall be
required for each future project that is not categorically exempt from SEP A review.
Relevant information from prior EISs shall be used to the fullest extent possible in future
SEPA review. This review may result in adoption of the prior EISs, issuance of an
addendum or supplement to the prior EISs, or issuance of a new threshold determination
of non-significance or significance, incorporating information from the prior EISs. The
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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 ofthe 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 terms of the
Port Ludlow MPR Zoning Ordinance (Appendix A) regarding the mandatory
Supplemental EIS that is and shall be required for any 'resort plan development' as
described in Section 3.904 of the Port Ludlow MPR Zoning Ordinance.
3.13
VESTING OF DEVELOPMENT STANDARDS AND MITIGATION
All development proposed on Pope Property shall be vested to and governed by
the Port Ludlow MPR chapter of the Jefferson County Zoning Code (as defined in
Section 3.1 and Appendices A-F) and shall be implemented through plats, short plats,
binding site plans, boundary line adjustments, site development permits, building permits
and other permits and approvals issued by the County. The vesting period shall be the
same as the term of this Agreement. Except as otherwise provided in Section
3. 13. 1 through 3.13.3 below, any new or different development standards adopted by the
County during the term ofthis Agreement shall not apply to Pope Property. To the extent
this Agreement does not establish standards or requirements covering a subject, element
or condition, then the development approval sought shall vest to and be governed by the
County codes, regulations and standards in effect upon the date of the future application.
The development standards identified in this Agreement shall apply to the Pope Property
for the term of this Agreement, except:
3.13.1 Public health or safety requirements. The Board of County
Commissioners reserve the authority to modify one or more of the standards or
requirements of development for the Port Ludlow MPR during the term of the
Agreement, after notice, a public hearing and adoption of findings and conclusions, to the
extent required to avoid a serious threat to public health or safety, as provided in RCW
36.70B.170.
3.13.2 Endangered Species Act and other Federal mandates. The Board
of County Commissioners reserves the right to enforce new or different standards of
development mandated by federal or state law, such as the Endangered Species Act.
3.13.3 Notwithstanding the foregoing, the Uniform Building Code,
Uniform Fire Code and other construction codes in effect on the date of the development
application, building permit or other construction application shall apply, except no code
changes after the date of this Agreement shall require retrofitting or modification of
utilities, facilities or other infrastructure which are installed or approved to be installed in
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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 Bav Village Plat.
3.15.1 The parties acknowledge that development of the resort complex
may require alteration of the Ludlow Bay Village Plat. One option the parties may
exercise regarding any required plat alteration is to process and consider the plat
alteration in conjunction with (or on a parallel track with) the resort complex proposal.
Alternatively, ifthe plat alteration is not decided until after the resort complex proposal
has been decided, the County shall ensure that any approval of the resort complex is
conditioned or made contingent upon approval of any required plat alteration.
3.15.2 Any application for alteration of the Ludlow Bay Village Plat
shall be processed pursuant to the County land use procedures ordinance and applicable
state law. A public hearing shall be required for any necessary plat alteration, and the
review process shall consider the criteria in RCW 58.17.215 controlling plat alterations.
4.
GENERAL PROVISIONS
4.1
GOVERNING LA W
This Agreement shall be govemed by and interpreted in accordance with the laws
and regulations of the State of Washington.
4.2 BINDING ON SUCCESSORS AND SUCCESSORS IN TITLE;
ASSIGNMENT; RELEASE OF LIABILITY
4.2.1 This Agreement shall be binding upon and inure to the benefit of
the successors, successors in title and assigns of Pope and each of its related entities
executing this Agreement and upon the County.
4.2.2 Assignment. The parties acknowledge that development of Port
Ludlow may involve sale and assignment of portions of the Pope Property to other
persons who will own, develop and/or occupy portions of the Pope Property and
buildings thereon. Pope shall have the right to assign or transfer all or any portion of the
respective interests, rights or obligations under this Agreement or in the Pope Property to
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other parties acquiring an interest or estate in all or any portion of the Pope Property,
including transfer of all interests through foreclosure Gudicia1 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 transferred
or assigned, the transferee shall be entitled to all interests and rights and be subject to all
obligations under this Agreement pertaining to the property transferred or assigned, and
Pope shall be released of liability under this Agreement for the property transferred or
assigned, but shall retain liability for any breach which occurred prior to the transfer of
rights to another party and for those portions of the Property still owned by Pope.
4.2.3 Release of Liabilitv. Pope shall be released of all liabilities and
obligations under the Agreement if: (a) Pope provides notice to the County of an
assignment of the Agreement and (b) the assignee has assumed in writing the obligations
of the Agreement. If the conditions for release are met under this sub-section, then from
and after the date of transfer, Pope shall have no further liability or obligation under the
Agreement, and the assignee shall exercise the rights and perform the obligations of Pope
under the Agreement for that portion of the Pope Property acquired by the successor or
assign. The parties acknowledge that Pope may transfer 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 Pope Property, then the release of liability
pursuant to this paragraph shall only apply to acts or omissions arising from or related to
the portion of Pope Property being assigned or transferred.
4.3
RECORDING; RELEASE AS TO RESIDENTIAL DEVELOPMENT
This Agreement shall be recorded with the Jefferson County Auditor against the
Pope Property as a covenant running with the land and shall be binding on Pope, its
successors, successors in title and assigns. Upon the approval of a final plat, a
condominium declaration or other approved land division in compliance with this
Agreement that relates to residential development of Pope Property, then there shall be
executed and recorded with the Jefferson County Auditor a release of the covenant solely
with respect to that particular and specific parcel or parcels of real property that received
final plat approval, filed a condominium declaration or was the subject of other approved
land division, provided however, residential development shall continue to be subject to
any conditions, covenants and restrictions applicable to the particular property.
4.4
INTERPRET AnON; SEVERABILITY
4.4.1
Interpretation. The parties intend this Agreement to be
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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 interloca1 agreements (see RCW Ch. 39.34), statutory enabling
legislation and authority to adopt development regulations as part of annexations (see
RCW 35A.14.330), and the Development Agreement Statute (see Ch. 347,1995 Wash.
Laws, Part V, § 501-06).
4.4.2 Severability. If any Material Provision of this Agreement
is determined by a court oflaw to be unenforceable or invalid, then the remainder of the
Agreement shall remain in full force and effect. Further, as to those Material Provisions
held by a court of law to be unenforceable, the parties shall confer and agree to amend the
Agreement to implement the mutual intent of the parties to the maximum allowed by law.
4.5 AUTHORlTY
The County and Pope, and the related Pope entities that are parties to this
Agreement, each represents it has the respective power and authority to execute this
Agreement.
4.6
AMEND MENT
This Agreement shall not be amended without the express written approval of the
County and Pope (or its successors, successor in title and assigns with respect to the
property in which they have an interest). The Board of County Commissioners must
approve all amendments to this Agreement by ordinance or resolution and only after
notice to the public and a public hearing.
4.7
EXHIBITS AND APPENDICES
Exhibits 1. 2 and 3 and Appendices A through F are incorporated herein by this
reference as if fully set forth. In the event of any conflict or inconsistency between the
Exhibits and Appendices and the main body of this Agreement, the main body of this
Agreement shall control.
4.8
HEADINGS
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
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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 parties with respect to the
subject matter hereof. There are no other agreements, oral or written, except as expressly
set forth herein.
4.11 DISPUTE RESOLUTION/MEDIATION
In the event of any dispute relating to this Agreement, all parties upon the request
of any other party shall meet within the five (5) business days to seek in good faith to
resolve the dispute. The County shall send a department director or the qualified lead
planner (Section 1.50 of Appendix A) and other persons with information relating to the
dispute, and Pope shall send an owner's representative and any consultant or other person
with technical information or expertise related to the dispute. Ifthe parties are unable to
reach an amicable resolution of a dispute within fourteen (14) days of the written notice
of dispute issued by one of the parties, the parties agree that they will immediately
identify a mediator and participate in mediation in good faith. The selected mediator
shall have documented experience and expertise in Washington land ust1aw. The
mediation shall be completed within 60 days of the ori,gina1 written notice of dispute by
one of the parties. The parties agree to work cooperatively to select a mediator with land
use and real estate experience. Each party will identify and propose to the other party
three potential mediators. Between the proposed mediator lists, the parties will select a
mutually agreeable mediator to resolve the dispute. If the parties are unable to reach a
resolution following timely mediation, each party reserves the right to seek resolution and
pursue remedies available under this Agreement and at law. The parties agree that the
cost of mediation pursuant to this paragraph shall be borne equally by the parties to this
Agreement.
4.12 DEFAULT AND REMEDIES
No party shall be in default under this Agreement unless it has failed to perform a
material provision under this Agreement for a period ofthirty (30) days after written
notice of default from any other party. Each notice of default shall specify the nature of
the alleged default and the manner in which the default may be cured satisfactorily. If the
nature of the alleged default is such that it cannot be reasonably cured within the thirty
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(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 any remedy
against any party shall be limited to the extent possible to the owners of such portion of
the Pope Property. To the extent possible, the parties to this Agreement shall seek those
remedies which do not adversely affect the rights, duties or obligations of any other non-
defaulting owner of portions of the Pope Property under this Agreement. The prevailing
party (or the substantially prevailing party ifno one party prevails entirely) shall be
entitled to reasonable attorneys fees and costs.
4.13 NO THIRD PARTY
This Agreement is made and entered into for the sole protection and benefit of the
parties hereto and their successors, successors in title and assigns. No other person shall
have any right of action based upon any provision ofthis Agreement. Members of the
general public shall not have any cause of action or enforceable rights under this
Agreement.
4.14 CONSTRUCTION
This Agreement has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
4.15 NOTICE
All communications, notices and demands of any kind which a party under this
Agreement requires or desires to give to any other party shall be in writing deposited in
the u.s. mail, certified mail postage prepaid, return receipt requested, and addressed as
follows:
To the County:
Jerry Smith
Qualified Lead Planner
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, W A 98368
devagmtfinal
Februa.y 11,2000
12
1111111111111111111111 :4~~~~~'
J.ff.rlon County, WR POPE RESOURCES RESO 598.00
------
cc:
Board of County Commissioners
P.O. Box 1220
Port Townsend, W A 98368
To Pope:
Greg McCarry
19245 10th Avenue N.E.
P.O. Box 1780
Poulsbo, W A 98370
4.16 ESTOPPEL CERTIFICATES
Within 30 days following any written request that any party or a Mortgagee may
make from time to time, the other party shall execute and deliver to the requesting person
a statement certifying that: 1) this Agreement is in full force and effect, and stating any
formal amendments to the Agreement; 2) to the best of the knowledge of the certifying
party, no notice of default has been sent and no notice of violation of applicable laws has
been issued regarding the proj ect; and any other reasonably requested information.
Failure to provide a timely response to the requesting party shall be deemed conclusive
evidence that the Agreement is unmodified and in full force and effect and that no notices
of default or violation have been issued. Issuance of estoppel certificates is an
administrative matter within the County. The County shall have no liability to the
requesting party if it provides an estoppel certificate in good faith and with reasonable
care.
4.17 COOPERATION
The parties shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The parties agree to take further actions and
execute further documents, whether jointly or within their respective powers and
authority, to implement the intent of this Agreement.
4.18 INDEMNIFICATION
Except as otherwise specifically provided elsewhere in this agreement and any
exhibits hereto, and to the fullest extent possible under the law, each party shall protect,
defend and indemnify and hold harmless the other parties and their officers, agents and
employees, or any of them, from and against all claims, actions, suits, liability, loss,
costs, expenses and damages of any nature whatsoever, which are caused by or result
fì-om any negligent acts or omissions of the indemnifying party's own officers, agents, or
employees in performing services pursuant to this Agreement. If any suit based upon
such a claim, action, loss, liability or damage is brought against any party or parties, the
party or parties whose negligent acts or omissions give rise to the claim shall defend all
parties at the party or parties' sole cost and expense, and if a final judgment is rendered
devagmtfinal
February 11,2000
13
1111111111111111111111 ~~~~~ ~~
Je"erlon County, WR POPE RESOURCES RESO 698.00
"--
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 ofthe County as a municipal entity and not for the benefit ofthe general
public. Under no circumstances will the County be responsible for costs, claims, losses,
damages or expenses associated with the existence or enforcement of any conditions,
covenants and restrictions recorded against the residential properties within the Port
Ludlow MPR.
4.19 NO WAIVER
No waiver by any party of any term or condition ofthis Agreement shall be
deemed or construed as a waiver of any other term or condition, or a waiver of any
subsequent breach, whether of the same or a different provision of this Agreement.
4.20
NO PRIVATE CCR ENFORCEMENT BY COUNTY.
The parties acknowledge and agree that nothing in this Agreement shall alter,
infringe upon, modify, change, limit or restrict the ability or powers ofthe existing
neighborhood, tract or subdivision property owner or lot owner associations from
enforcing, interpreting and utilizing any and all covenants, conditions or restrictions that
pre-exist this Agreement or covenants, conditions or restrictions recorded with the
Jefferson County Auditor after the effective date of this Agreement.
The parties further acknowledge and agree that Jefferson County bears no
responsibility for the enforcement, interpretation or resolution of any dispute, filing,
grievance, complaint or appeal that might arise as a result of recorded covenants,
conditions or restrictions relating to tracts, subdivisions, lots or parcels within the Port
Ludlow MPR. Pursuant to Section 4.13, no third party may use the dispute resolution
mechanism provided within this Agreement to resolve disputes regarding recorded
covenants, conditions or restrictions associated with the Port Ludlow MPR.
4.21
QUALIFIED LEAD PLANNER.
Pursuant to Section 1.50 of the Port Ludlow MPR Zoning Code chapter, the
Director of Community Development shall appoint a qualified planner to serve as the
lead planner for the Port Ludlow MPR. The lead planner shall review or coordinate
review of all land use applications with the Port Ludlow MPR boundaries, and shan serve
as the initial point of contact for citizens seeking information on development proposals
or planning issues in the community.
devagmtfmal
February 11,2000
14
4.22
TERM
11111111111111111111111 :~¡~~~1;:"
J8"8rlon County, WA POPE RESOURCES RESO 698.00
----,-_.,-_.-
--,
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 resolution by the Jefferson
County Board of County Commissioners approving this Development Agreement.
Commissioners
APPROVED AS TO FORM:
Al Scalf
Director of Community Development
devagmtfinal
February 11,2000
JEFFERSON COUNTY
Jefferson County Board of County
'-. ~
I
bJ~/oò
By')
[)~7~
By
6)5)00
15
1111111111111111111111
Jefferlon County, WR POPE RESOURCES
11433974
Pa".: 22 of 541
08/04/2000 11 :40R
RESO 598, Ø0
j
----,------
POPE RESOURCES
~Ll/~
By Grt:g carry' ~
Its Senior Vice-President, Rea Estate
OLYMPIC PROPERTY GROUP LLC
~)ÆV~'
By ateg arry ~
Its President and Chief Operati g Officer
OLYMPIC RESORTS LLC
Officer
SEWER, INe.
By Torn Griffin
Its President and Chief Executive Officer
OLYMPIC REAL ESTATE DEVELOPMENT LLC
hief Executive 0 cer
devagmtfinal
February 11,2000
16
Ilmil 111111 11111 II 1111 111l1li111 ~~~:'~1~~
Jefferlon County, WA POPE RESOURCES RESO 59B.00
-----,-
'------- ------------- -
Attachments:
Exhibit I - 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 (Resolution No. 72-98)
Appendix C - Stonnwater Management Ordinance #10-1104-96
Appendix D - Interim Critical Area Ordinance # 05-0509-94 as amended by Ordinance
#14-0626-95
Appendix E - Land Use Application Procedures Ordinance # 04-0828-98
Appendix F - Shoreline Master Program
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
On this ~ day of (VIaL( ,2000, before me, a Notary Public in and for
the State of Washington, personally appeared Greg McCarry, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that he was authorized to execute the instrument, and
acknowledged it as the Senior Vice-President of Real Estate for Pope Resources, to be
the free and voluntary act and deed of said corporation for the uses and purposes
mentioned in the instrument.
Yvli Cf/LtlU vV d t-(J x
NOTARY PUBLIC in and for the State of
Washington, residing at P D uf 'flbo
My appointment expires ---#.!:1/100tf
Print Name All rChel/ e v'lÚ I CO X
devagmtfinal
February 11,2000
17
11111111111111111111
11435974
Page, 24 of 641
0B/04/2000 11 :40R
RESO 59B. 00
Jefferlon County, WR POPE RESOURCES
"
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
On this ~ day of 'VI ti Ý , 2000, before me, a Notary Public in and for
the State of Washington, personally' appeared Greg McCarry, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that he was authorized to execute the instrument, and
acknowledged it as the President and Chief Operating Officer of Olympic Property Group
LLC, a wholly owned subsidiary of Pope Resources, to be the nee and voluntary act and
deed of said corporation for the uses and purposes mentioned in the instrument.
YV'ví(/~ wd U) >(
NOT AR Y PUBLIC in and for the State of
Washington, residing at fleUrS pO
My appointment expires L//Lf/lCOtf
Print Name /vÚ¿(,eff e ' ./vi f L ())(
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
On this 1* day of~, 2000, before me, a Notary Public in and for
the State of Washington, personally appeared Greg McCarry, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that he was authorized to execute the instrument, and
acknowledged it as the President and Chief Executive Officer of Olympic Real Estate
Development LLC, a wholly owned subsidiary of Pope Resources, to be the nee and
voluntary act and deed of said corporation for the uses and purposes mentioned in the
instrument.
devagmtfinal
February 11,2000
18
1111111111111111111111 ~~4~~~1~~
Je"er.on County, WA POPE RESOURCES RESO 698,00
YVtA vv
NOTARY PUBLIC in and for the State of III/.
Washington, residing at ¡J t9tU s"-v 0
My appointment expires tf/'fIJ-ootf
Print Name MìCht"tle ~J1/¡lC()X:
'J"
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
On this 15-r- day of Ma , 2000, before me, a Notary Public in and for
the State of Washington, personall appeared Greg McCarry, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that he was authorized to execute the instrument, and
acknowledged it as the President and Chief Operating Officer of Olympic Property Group
LLC, a wholly owned subsidiary of Pope Resources, to be the free and voluntary act and
deed of said corporation for the uses and purposes mentioned in the instrument.
1'vU¿ W~ ¿() ;(
NOTARY PUBLIC in and for the State of vv.
Washington, residing at ¡JéJlttrbo
My appointment expires +!Lf/2tJ°lf
Print Name Illl,thelle W;/ {OX
IN WITNESS WHEREOF, I have hereunto set
and year first above written.
devagmtfmal
February 11,2000
19
11111111111111111111111 ~~~? ~1
J.".r8on County WA POPE RESOURCES 0S/04/2000 11:40R
, RESO 59S.00
----
--
--------,- - .-'
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
On this ~ day of M Cf t. ' 2000, before me, a Notary Public in and for the
State of Washington, personally app ared Torn Gnffin, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that he was authorized to execute the instrument, and
acknowledged it as the President and Chief Executive Officer ofOlyrnpic Water and
Sewer, Inc., to be the free and voluntary act and deed of said corporation for the uses and
purposes mentioned in the instrument.
W '2'~~¡\
IN WITNESS WHEREOF, I have hereunto set ~r.."Ml~~ial seal the day
~~C)(ÞIIy:;o ,,\;'
and year first above written. ~""~ ~,s.".":'¡"'V),
():ð :\;...R Y ". f')
-"O~\.O . \
::::!" ~.Jo.r . 'Ì
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. "" () c.,::::: /.'
"(:/"'1/ .n...O4-0A-'..~,,~'/:"
~ l/V I'- ... ." . ~"- .~
NOTARY PUBLIC in and for the State of vv:
Washington, residing at t~f?bO
My appointment expires tl 04-/ ¿ooLf-
Print Name tv) i C Vi elf e-- W/IL D ><
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
~
On this ~ day of ~ ~ ' 2000, before me, a Notary Public in and
for the State of Washington, personally a eared R I' é'~hCtR iJ \t)~J+ ,
~ ^J id---il--B-P C) L E and ., personally known to me (or
proved to me on the basis of satisfactory evidence 0 be the persons who executed this
instrument, on oath stated that they were authorized to execute the instrument, and
acknowledged it as the three members of the Jefferson County Board of County
Commissioners to be the free and voluntary act and deed of said Board, acting in their
official capacity representing Jefferson County, Washington for the uses and purposes
mentioned in the instrument.
devagmtfmal
February 11,2000
20
1111111111111111111111 ~~.~~~~:.,
J.rr.rlon County, WA POPE RESOURCES RESO 698.00
"_..,---,_._..~_.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
---"""""
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devagmtfmal
February 11,2000
21
I \U\\\ 11\\11\11\1\ 111\\ 1\111111\ 11\111 11\ 11\\111 II 1111 ::~~~1~¡"
J8ff8rlon County, WA POPE RESOURCES RESO 599.00
--".--'- -.--.-'
EXHIBIT "1"
November 11, 1998
Job No. 528~O8-980-003
A.F. No. 821171015
LEGAL DESCRIPTION
PARCEL" A "
THAT PORTION OF GOVERNMENT LOT 2 IN SECTION 16, TOWNSIDP 28 NORTH,
RAt~GE 1 EAST OF THE W.M. JEFFERSON COUNTY, WASHINGTON, LYING NOR1H
OF THE NORTH RIGHT OF WAY MARGIN OF OAK BAY ROAD.
EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF PORT LUDLOW NO.
I, AS RECORDED IN VOLUME 5 OF PLATS AT PAGE 31, RECORDS OF JEFFERSON
COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF PORT
LUDLOW NO.7 AS RECORDED IN VOL1ME 7 OF PLATS AT PAGE 76, RECORDS OF
JEFFERSON COUNTY, WASHINGTON.
ALSO TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE
NORTIIEAST QUARTER OF SECTION 17, TOWNSIDP 28 NORTH, RANGE 1 EAST OF
THE W.M., JEFFERSON COUNTY, WASHINGTON, LYING NORTH OF THE NORTH
RIGHT-OF-WAY MARGIN OF THE OAK BAY ROAD.
EXCEPT A~'Y PORTION THEREOF LYING NORTHERLY OF THE SOUTHEFL Y LINE
OF TRACT "A" OF THE PLAT OF PORT LUDLOW NO.7, AS RECORDED IN VOLUME 7
OF PLATS AT PAGE 76, RECORDS OF JEFFERSON COUNTY, WASHINGTON.
f:\engr'.esm-jobs'5 :8' 08'980'4ocum"llt\5280830.doc
1111111111111111111111 ~'~~~1~:~
Jerrer8on County, WR POPE RESOURCES RESO 698,00
--,
Job No. 528-08-980-003
November 11,1998
REVISED March 20, 2000
A.P. No. 821171011
LEGAL DESCRIPTION
PARCEL "B"
THOSE PORTIONS OF GOVERNMENT LOTS 1 AND 2 AND OF THE NORTHWEST
QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 1 EAST, W.M., JEFFERSON
COUNTY, WASHINGTON, LYING SOUTH OF OAK BAY ROAD AS CONVEYED TO
JEFFERSON COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NOS. 333256
AND 355902, AND SOUTHEAST OF PARADISE BAY ROAD, AS CONVEYED TO
JEFFERSON COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 191398,
RECORDS OF JEFFERSON COUNTY, WASHINGTON.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE PRESCRlBED AREA OF
INNER HARBOR VILLAGE CONDOMINTIJMS AS PER VOLUME 1 OF CONDOMINIUMS,
PAGE 156, AND THE PLAT OF LUDLOW POINT VILLAGE NO.2, AS PER VOLUME 6 OF
PLATS, PAGE 155, AND EXCEPTING THEREFROM ANY PORTION OF GOVERNMENT
LOT 1 WHICH LIES WITHIN TIlE PRESCRlBED AREA OF PORT LUDLOW
CONDOMINIUMS 1 AND 2, AS PER VOLUME 1 OF CONDOMINIUMS, PAGES 15 AND
23, AND EXCEPTING TIlEREFROM TAX 1 AS DESCRlBED IN DEED TO GARY A.
HILBERT AND KATIlLEEN A. HILBERT RECORDED JANUARY 15, 1988 UNDER
AUDITOR'S FILE NO. 312489, RECORDS OF JEFFERSON COUNTY, WASHINGTON
AND EXCEPTING TIlEREFROM PORT LUDLOW PLACE COMMERCIAL SHORT PLAT
AS RECORDED IN VOLUME 3 OF SHORT PLATS, PAGE 113 UNDER AUDITOR'S FILE
NO. 384225 RECORDS OF JEFFERSON COUNTY, WASHINGTON;
TOGETHER WITIl ANY PORTION OF GOVERNMENT LOT 3 OF SAID SECTION 17
LYING NORTHERLY OF THE SECOND CLASS TIDELANDS ABUTTING INNER
HARBOR VILLAGE CONDOMINIUMS, PHASES 1,2,4,7 AND 8, AND NORTIlERLY OF
THE SECOND CLASS TIDELANDS ABUITING THE NORTIlERL Y BOUNDARY OF TAX
6;
ALSO TOGETHER WITH SECOND CLASS TIDE LANDS, AS CONVEYED BY THE
STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO, OR ABUTIING
THEREON.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
f: \engr\esm-j cbs \528\08\980\documen t\528082 9 .doc
I ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII :~¡~~1;~'
J.ff.~.on County. WA POPE RESOURCES RESO 698.00
-"--"
---
"""--",,--,,-,,-,, -
November 11, 1998
REVISED October 20, 1999
Job No. 528-08~980-003
AP. No. 821174002
LEGAL DESCRIPTION
PARCEL "C"
THE ISLAND PORTIONS OF GOVERNMENT LOT 3 AND GOVERNMENT LOT 7, IN
SECTION 17, TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M., IN JEFFERSON
COUNTY, WASHINGTON.
TOGETHER WITH SECOND CLASS TIDE LANDS, AS CONVEYED BY THE STATE OF
WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO, OR ABUTTING THEREON.
f:\<:ngr\csm-job$\5 2S' OS'9 SOldocumomt\52 8082 8.d""
1111111111111111111111 ~ ~~~~"~1~:~
J.ff.~.on County, WA POPE RESOURCES RESO 69B,00
------
---
'- -- - -- --- -
November 11, 1998
Job No. 528-08-980-003
AP. No. 821172001
LEGAL DESCRIPTION PARCEL "D"
TIfA T PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION
17, TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M., IN JEFFERSON COUNTY,
WASHINGTON, LYING NORTH OF OAK BAY ROAD AND LYING WEST OF PORT
LUDLOW NO.6 AS RECORDED IN VOLUME 9 OF SURVEYS AT PAGE 40, RECORDS
OF JEFFERSON COUNTY, WASHINGTON.
f:\~ngr\esm-jcbs\5 2 8\0 8\980\document\52 8082 7.doc
IIIII ~ 111111111111111 ~~'~~~1~:"
Je"er,on County, WR POPE RESOURCES RESO 699.00
-,-
November 11, 1998
REVISED Qçtober 20, 1999
Job No. 528-08-980-003
A.P. Nos. 821172003
Por. 821173001
LEGAL DESCRIPTION
PARCEL "E"
THAT PORTION OF THE NORTH HALF OF SECTION 17, TOWNSHIP 28 NORTH,
RANGE 1 EAST OF TIm W.M., IN JEFFERSON COUNTY, WASHINGTON, LYING
SOUTHERLY OF OAK BAY ROAD, WESTERLY OF BREAKER LANE PRIVATE ROAD .
AND NORTHWESTERLY OF PARADISE BAY ROAD.
EXCEPT PORT LUDLOW RV. PARK PHASES 1 AND 2 AS RECORDED IN VOLUME 1
OF BINDING SITE PLANS AT PAGES 7, 8, 11 AND 12 RECORDS OF JEFFERSON
COUNlY, WASHINGTON.
ALSO TOGETIIER WITH THAT PORTION OF TI-IE EAST HALF OF THE SOUTIIWEST
QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M.,
JEFFERSON COUNTY, WASHINGTON, L YlNG NORTH OF TI-ffi PLAT OF TIMBERTON
VILLAGE DMSION ONE AS RECORDED IN VOLillvΠ7.0F PLATS AT PAGE 18,
RECORDS OF JEFFERSON COUNTY, WASHINGTON, L Y1NG WEST OF PARADISE BAY
ROAD.
f: \engr'<:sm-jobs'5 28" 08\9 80ldocument\52 8083 2.doc
1111111111111111111111 :~~~1~:~
J.ff.~.on County, WR POPE RESOURCES RESO 598,00
Job No. 528-08.980.003
November 11, 1998
REVISED October 13, 1999
AP. Nos. 821174003
Par. 821173001
LEGAL DESCRIPTION
PARCEL "F"
THE WEST HALF OF THE SOU1HWEST QUARTER OF SECTION 17, TOWNSHIP 28
NORTH, RÁ1'\'GE 1 EAST OF THE W.M., JEFFERSON COUNlY, WASHINGTON.
EXCEPT OAK BAY ROAD.
ALSO EXCEPT ANY PORTION LYING WITIDN THE PLAT OF TIMBERTON VILLAGE
DIVISION 1 AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 18 RECORDS OF
JEFFERSON COUNlY, WASHINGTON.
TOGETHER \\rrm THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY,
WASHINGTON, LYING EASTERLY OF OAK BAY ROAD.
EXCEPT THE SOU1H 850.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION
18-
ALSO TOGETI-fER WITH THAT PORTION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 17, LYING SOUTHERLY OF THE PLAT OF TIMBERTON
VILLAGE DIV1SION I AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 18 RECORDS
OF JEFFERSON COUNlY, WASHINGTON.
ALSO TOGETI-fER WITH THAT PORTION OF THE SOUlH HALF OF THE SOUTHEAST
QUARTER OF SAID SECTION 17, LYING SOUTHERLY OF PARADISE BAY ROAD AND
LYING SOCTHERL Y OF TIMBERTON VILLAGE DIVISION I AS RECORDED IN
VOLUME 7 OF PLATS AT PAGE 18 RECORDS OF JEFFERSON COUNlY,
WASHINGTON.
EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED UNDER
JEFFERSON COUNlY AUDITOR'S FILE NO. 200582.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF EDGEWOOD
VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4 RECORDS OF
JEFFERSON COUNTY, WASHINGTON.
1111111111111111111111 ~~4~~~1~¡"
Je,'er.on County, WR POPE RESOURCES RESO 698.00
....
--
---
November II, 1998
REVISED October 13, 1999
Job No. 528-08-980-003
Page Two
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE FOLLOWING
DESCRIBED PROPERTY;
TI-lAT PORTION OF THE SOUTH HALF OF SECTION 17, AND SECTION 20, TOWNSIllP
28 NORTH, RANGE 1 EAST, OF THE W.M., JEFFERSON COUNTY, WASlllNGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 19 OF THE PLAT OF
EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4,
RECORDS OF JEFFERSON COUNTY, WASHINGTON, SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF LOT 20 OF SAID EDGEWOOD VILLAGE;
TIfENCE N 62°41 '04" W, ALONG TtIE SOVTHERLY LINE OF SAID LOT 19, A
DISTANCE OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT 19, ALSO BEING 11IE
TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERLY MARGIN OF SAID
EDGEWOOD VILLAGE TIm FOLLOWING COURSES:
N I6°54'OI"W, 146.06 FEET;
N 08°5T01"W, 148.46 FEET;
N 00045'12"W, 83.80 FEET;
N 37°27'07" W, 203.41 FEET;
N 58°40'37" W, 271.08 FEET;
N 54°27'25" W, 170.00 FEET;
N 28°10'03" W, 130.07 FEET;
N 03°29'54" W, 172.66 FEET;
N 62°51 '48" W, 110.25 FEET;
IIIIIIII~ 11111111111111 II ::¡~~~1~:"
Jefferson County, WR POPE RESOURCES RESO 69B,00
--,--'
'" -"-----
November 11,1998
REVISED October 13, 1999
Job No. 528-08-980-003
Page Three
N 34°46'49" W, 43.95 FEET;
N 78°03'36" W, 78.92 FEET;
N 31°08'05" E, 195.03 FEET;
N 52°51' 19" E, 255.59 FEET;
N 46°06'28" E, 128.24 FEET;
N 35°54'24" W, 102.69 FEET;
N 24°57'29" E, 60.14 FEET;
N 69°20'44" W, 262.49 FEET TO THE SOUTHWEST CORNER OF "TRACT-A" OF SAID
PLAT OF EDGEWOOD VILLAGE;
THENCE LEA vn..¡G THE EASTERLY BOUNDARY OF SAID PLAT, N 80°49'39" W, 522.45
FEET;
THENCE N 82°41 '38" W, 696.66 FEET;
THENCE N 81 °52'35" W, 410.77 FEET;
THENCE S 57°ITIO"W, 610.50 FEET;
THENCE S 68°17'21" W, 437.70 FEET;
THENCE S 39°09' 14" W, 232.44 FEET;
THENCE S 02°49'05" E, 186.58 FEET;
THENCE S 30°38'22" E, 347.97 FEET;
THENCE S 5r58'04" E, 385.91 FEET;
1111111111111111111111 ~~~~~1~:"
Jerrerlon County, WA POPE RESOURCES RESO B9B.00
-----_..--
November II, 1998
REVISED October 13, 1999
Job No. 528-08-980-003
Page Four
THENCE S 02°13'34" E, 314.90 FEET;
THENCE S 77°34'03" W, 879.80 FEET;
THENCE S 31°43'44"W, 686.04 FEET;
THENCE S 40°39'05" E, 708.70 FEET;
THENCE N 82°39'53" E, 502.49 FEET;
THENCE S 79°15' 18" E, 802.92 FEET;
THENCE N 89°09'18" E, 828.68 FEET;
'TI-IENCE S 70°57'24" E, 355.80 FEET;
TI-IENCE S 88°09'57" E, 477.22 FEET;
THENCE N 72°39'34" E, 410.00 FEET;
THENCE N 26°22'05" E, 224.80 FEET;
THENCE N 4F32'57" E, 201.73 FEET;
THENCE S 77°09'37" E, 109.99 FEET;
THENCE N 14°11'17" E, 142.60 FEET TO A POINT ON THE BOUNDARY LINE OF
TRACT "E" AS SHOWN ON THAT RECORD OF SURVEY FILED IN VOLUME 7 OF
SURVEYS, PAGES 170 THROUGH 174, AUDITOR'S FILE NO. 298845, RECORDS OF
JEFFERSON COUNTY, WASHINGTON;
THENCE ALONG SAID BOUNDARY LINE OF TRACT "E", N 59°27'26" W, 600.00 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE N 49°13 '51" W, 498.14 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE N 4¡O28'28" E, 439.74 FEET;
1111111111111111111111 ~~¡~~~1~~
RESOURCES RESO 59B . øø
Je"er8on County, W¡:¡ POPE -----
"- ------ ,-,----
November 11, 1998
REVISED October 13, 1999
Job No. 528-08-980-003
Page Five
THENCE CONTINUING ALONG SAID BOUNDARY LlNE S 50°48' 17" E, 477.34 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE S 62°41 '04" E, 186.23 FEET TO
TRUE POINT OF BEGINNING.
F; 'a1 gr\e:sm-j 000\5 2 8' 0 8\9 8 Oldœument \5 2 80 83 6. doc
11"111 "111111111"1111111 "1111/"11111111111111"1 ::~~~~~ ~~
J.".rlon County, WR POPE RESOURCES RESO S98.00'
----- --------
------------------- -'
November II, 1998
REVISED October 13, 1999
Job No_528-O8.980-003
AP. No. 821202001
LEGAL DESCRIPTION
PARCEL "G"
TIlE NORTH 2100 FEET OF TIlE EAST HALF OF THE NORTI-IWEST QUARTER OF
SECTION 20, TOWNSIDP 28 NORTH, RANGE 1 EAST OF THE W.M., JEFFERSON,
COUNTY, WASHINGTON.
EXCEPT A.'\jY PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRlBED
PROPERlY:
THAT PORTION OF THE SOUTH HALF OF SECTION 17, AND SECTION 20, TOWNSIDP
28 NORTH, RANGE 1 EAST, OF TIm W.M., JEFFERSON COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 19 OF TIlE PLAT OF
EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4,
RECORDS OF JEFFERSON COUN1Y, WASHINGTON, SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF LOT 20 OF SAID EDGEWOOD VILLAGE;
THENCE ^ 62"41'04" W, ALONG l1lE SOlillIERLY LINE OF SAID LOT 19, A
DISTANCE OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT 19, ALSO BEING THE
TRUE POINt OF BEGINNING FOR TIllS DESCRIPTION;
THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERLY MARGIN OF SAID
EDGEWOOD VILLAGE TIm FOLLOWING COURSES:
N 16°54'01" W, 146.06 FEET;
N 08°57'0 I" W, 148.46 FEET;
N 00°45'12" W, 83.80 FEET;
N 37°27'07" W, 203.41 FEET;
N 58°40'37" W, 271.08 FEET;
N 54°27'25" W, 170.00 FEET;
1111111111111111111111 ~~4~~~~~'
J.".rlon County, WR POPE RESOURCES RESO 699.00
'---_..._.,--~
....---
November 11, 1998
REVISED October 13, 1999
Job No.528~08-980-003
Page Two
N 28°10'03" W, 130.07 FEET;
N 03°29'54" W, 172.66 FEET;
N 62°51 '48" W, 110.25 FEET;
N 34°46'49" W, 43.95 FEET;
N 78v03'36" \V, 78.92 FEET;
N 31 °08'05" E, 195.03 FEET;
N 52°51' 19" E, 255.59 FEET;
N 46°06'28" E, 128.24 FEET;
N 35°54 '24" \\', 102.69 FEET;
N 24°57'29" E, 60.14 FEET;
N 69°20'44" W, 262.49 FEET TO THE SOUTIIWEST CORNER OF "TRACT-A" OF SAID
PLAT OF EDGEWOOD VILLAGE;
THENCE LEAVING THE EASTERLY BOUNDARY OF SAID PLAT, N 80°49'39" W, 522.45
FEET;
THENCE N 82°41 '38" W, 696.66 FEET;
THENCE N 81"52'35"W, 410.77 FEET;
THENCE S 57°17'10" W, 610.50 FEET;
THENCE S 68°17'21" W, 437.70 FEET;
THENCE S 39"09' 14" W, 232.44 FEET;
1111111111111111111111 ~~~~~ ~:~
J.".rlon County, WA POPE RESOURCES RESO S98.00
-----
-------- --
November 11, 1998
REVISED October 13, 1999
Job No.528-08-980-003
Page Thee
THENCE S 02°49'05" E, 186.58 FEET;
TIffiNCE S 30°38'22" E, 347.97 FEET;
THENCE S 57°58'04" E, 385.91 FEET;
TIffiNCE S 02°13'34" E, 314.90 FEET;
THENCE S 77°34'03" W, 879.80 FEET;
THENCE S 31043'44"W, 686.04 FEET;
THENCE S 40039'05" E,708.70FEET;
TI-IENCE N 82°39'53" E, 502.49 FEET;
THENCE S 79°15' 18" E, 802.92 FEET;
TI-IENCE N 89°09' 18" E, 828.68 FEET;
THENCE S 70°57'24" E, 355.80 FEET;
THENCE S 88°09'57" E, 477.22 FEET;
THENCE N 72°39'34" E, 410.00 FEET;
THENCE N 26°22'05" E, 224.80 FEET;
THENCE N 41°32'57" E, 201.73 FEET;
THENCE S 7r09'37" E, 109.99 FEET;
THENCE N 14°11'17" E, 142.60 FEET TO A POINT ON THE BOUNDARY LINE OF
TRACT "E" AS SHOWN ON THAT RECORD OF SURVEY FILED IN VOLUME 7 OF
SURVEYS, PAGES 170 THROUGH 174, AUDITOR'S FILE NO. 298845, RECORDS OF
JEFFERSON COUNlY, WASHINGTON;
111111111111111111111 ~~4~~~1;:"
J.".rlon County, WR POPE RESOURCES RESO 698.00
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°27'26" W, 600.00 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE N 49° 13 '51" W, 498.14 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE N 41°28'28" E, 439.74 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE S 50°48'17" E, 477.34 FEET;
TI-IENCE CONTINUING ALONG SAID BOUNDARY LINE S 62°41 '04" E, 186.23 FEET TO
TRUE POINT OF BEGINNING.
f: \engr\esm.jobs\ 5 2 8' 0 81980'document\5 2 80825 ,doc
1111111111111111111111 ~~~~~1~:"
J.ff.rlon County, WR POPE RESOURCES RESO 699.00
November 11, 1998
REVISED October 13, 1999
Job No. 528-08-980-003
AP. No. 821204001
LEGAL DESCRIPTION
PARCEL "H"
1RE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF 1HE SOUTHEAST
QUARTER OF TIffi NORTIffiAST QUARTER AND TIΠEAST HALF OF THE
NORTIIWEST QUARTER AND THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE SOlITHWEST QUARTER AND TIIE SOlITHEAST QUARTER, ALL IN SECTION 20,
TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY,
WASHINGTON.
EXCEPT TI-IE SOUTH TI-IREE QUARTERS OF TI-IE WEST HALF OF THE SOUTHEAST
QUARTER OF SAID SECTION 20.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN PARCELS A, B, C, D AND E
AS SHOWN AND DESCRIBED ON lHAT CERTAIN RECORD OF SURVEY AS
RECORDED IN VOLUME 7, OF SURVEYS AT PAGES 170 THROUGH 174, RECORDS OF
JEFFERSON COUNTY, WASHINGTON, ALSO KNOWN AS THE PORT LUDLOW GOLF
COURSE.
ALSO EXCEPT THE NORTH 2100 FEET OF THE EAST HALF OF THE NORTH\VEST
QUARTER OF SAID SECTION 20.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE FOLLOWING
DESCRIBED PROPERTY:
THAT PORTION OF THE SOUTH HALF OF SECTION 17, AND SECTION 20, TOWNSIDP
28 NORTH, RANGE 1 EAST, OF THE W.M., JEFFERSON COUNTY, W ASI-llNGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT TI-ΠMOST SOUTHERLY CORNER OF LOT 19 OF THE PLAT OF
EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4,
RECORDS OF JEFFERSON COUNTY, WASHINGTON, SAID CORNER ALSO BEING THE
SOUTI-IWEST CORNER OF LOT 20 OF SAID EDGEWOOD VILLAGE;
THENCE N 62°41'04" W, ALONG TI-Œ SOUTHERLY LINE OF SAID LOT 19, A
DISTANCE OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT 19, ALSO BEING THE
TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
111111111111111111111111111111111111111111111 ::4~~~1~¡"
Jefferlon County, WR 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 WESTERLY MARGIN OF SAID
EDGEWOOD VILLAGE THE FOLLOWING COURSES:
N 16°54'0l"'W, 146.06 FEET;
N 08°57'01"W, 148.46 FEET;
N 00°45'12" W, 83.80 FEET;
N 3T2TOT W, 203.41 FEET;
N 58°40'31" W, 271.08 FEET;
N 54°27'25" W, 170.00 FEET;
N 28°10'03" W, 130.07 FEET;
N 03°29'5.+"' W" 172.66 FEET;
N 62°51'48"W, 110.25 FEET;
N 34°46'49" W, 43.95 FEET;
N 78°03'36" W, 78.92 FEET;
N 31°08'05" E, 195.03 FEET;
N 52°51' 19" E, 255.59 FEET;
N 46°06'28" E, 128.24 FEET;
N 35°54'24" W, 102.69 FEET;
N 24°57'29" E, 60.14 FEET;
November II, 1998
REVISED October 13, 1999
Job No. 528-08-980-003
Page Three
" 111111111111111111
J.ff.rlon County, WA POPE RESOURCES
11435974
Pall.: 44 of 541
0S/04/2000 11 :40A
RESO 59B. 00
N 69°20'44" W, 262.49 FEET TO THE SOUTHWEST CORNER OF "TRACT-A" OF SAID
PLAT OF EDGEWOOD VILLAGE;
THENCE LEAVING THE EASTERLY BOUNDARY OF SAID PLAT, N 80°49'39" W, 522.45
FEET;
THENCE N 82°41 '38" W, 696.66 FEET;
THENCE N 81°52'35"W, 410.77 FEET;
THENCE S 57°17'10" W, 610.50 FEET;
TI-IENCE S 68°17'21"W, 437.70 FEET;
THENCE S 39°09'14" W, 232.44 FEET;
TI-IENCE S 02°49'05" E, 186.58 FEET;
THENCE S 30°38'22" E, 347.97 FEET;
THENCE S 57°58'04" E, 385.91 FEET;
THENCE S 02°13'34" E, 314.90 FEET;
TI-IENCE S 7]034'03" W, 879.80 FEET;
THENCE S 3 1°43'44" W, 686.04 FEET;
THENCE S 40°39'05" E, 708.70 FEET;
TI-IENCE N 82°39'53" E, 502.49 FEET;
THENCE S 79°15'18" E, 802.92 FEET;
THENCE N 89°09'18" E, 828.68 FEET;
11111111111111111111111 ~:'~~~1;~'
Je,'erlon County, WR POPE RESOURCES RESO 698.00
----
----
,,_..---_..---
November 1 L 1998
REVISED October 13, 1999
Job No. 528-08-980-003
Page Four
TIffiNCE S 70°57'24" E, 355.80 FEET;
TIffiNCE S 88°09'57" E, 477.22 FEET;
THENCE N 72°39'34" E, 410.00 FEET~
THENCE N 26°22'05" E, 224.80 FEET;
THENCE N ~ 1 °32'57" E, 201.73 FEET;
THENCE S 77°09'37" E, 109.99 FEET;
THENCE N 14°11'17" E, 142.60 FEET TO A POINT ON THE BOUNDARY LINE OF
TRACT "E" AS SHOWN ON THAT RECORD OF SURVEY FILED IN VOLID.-Π7 OF
SURVEYS, PAGES 170 THROUGH 174, AUDITOR'S FILE NO. 298845, RECORDS OF
JEFFERSON COUNTY, WASHINGTON;
THENCE ALONG SAID BOUNDARY LINE OF TRACT "E", N 59°21'26" W, 600.00 FEET;
THENCE CO~TINUING ALONG SAID BOUNDARY LINE N 49°13'51" W, 498.14 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE N 41°28'28" E, 439.74 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE S 50°48' 1 T' E, 477.34 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE S 62°41 '04" E, 186.23 FEET TO
TRUE POINT OF BEGINNING.
f:\engr\esm-jobslj 2 g- 08\9 80\document\5 2 80 833 .doc
1111111111111111111111 ~~4~~~1;:"
J8"8rlon County, WR POPE RESOURCES RESO 698.00
--"-------------------------
August 30, 1999
REVISED October 13, 1999
Job No. 528-08-980-003
AP. Nos. 821213001
821211003
821212001
821211004
LEGAL DESCRIPTION
PARCEL "I"
ALL OF SECTION 21, TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M., IN
JEFFERSON COUNTY, WASHINGTON.
EXCEPT TIlE NORTH HALF OF TIffi NORTIIWEST QUARTER OF SAID SECTION 21.
EXCEPT A.~ PORTION TIffiREOF LYING WITHIN THE PLAT OF EDGEWOOD
VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4 RECORDS OF
JEFFERSON COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF SOUTH BAY
NO.1 AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 1 RECORDS OF JEFFERSON
COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF L YINO WITHIN TIlE PLAT OF SOUTH BAY
NO.2 AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 4 RECORDS OF JEFFERSON
COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION TIffiREOF LYING WITHIN THE PLAT OF SOUTH BAY
NO.3 AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 48 RECORDS OF JEFFERSON
COUNIY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF GREENVIEW
VILLAGE AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 140 RECORDS OF
JEFFERSON COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING \\lTHIN HIGHLAND GREENS
CONDOMINIUM AS RECORDED IN VOLUME 1 OF CONDOMINIUMS AT PAGE 60
RECORDS OF JEFFERSON COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN FAIRWAY VILLAGE
CONDOMINIUM AS RECORDED IN VOLUME 1 OF CONDOMINIUMS AT PAGE 219
RECORDS OF JEFFERSON COUNTY, WASHINGTON.
1111111111111111111111 ~~~::~~¡~
J8"8rlon County, WA POPE RESOURCES RESO 598.00
._--"-_._,._-----_._--._-..~
August 30, 1999
REVISED October ì 3, 1999
Job No. 528-08-980-003
ALSO EXCEPT ANY PORTION THEREOF LYING WlTInN THE PLAT OF F AIRWOOD
VILLAGE AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 170 RECORDS OF
JEFFERSON COUNlY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING WITI-IIN THE PLAT OF TEAL LAKE
VILLAGE AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 158 RECORDS OF
JEFFERSON COUNlY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING WITI-IIN THE PLAT OF WOODRIDGE
VILLAGE DIVISION 1 AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 47 RECORDS
OF JEFFERSON COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION TIffiREOF LYING WITI-IIN PARCELS A, B, C, D AND E
AS SHOWN AND DESCRIBED ON TI-lAT CERTAIN SURVEY AS RECORDED IN
VOLUME 7 OF SURVEYS AT PAGES 170 THROUGH 174, RECORDS OF .ŒFFERSON
COUNTY, WASHINGTON. ALSO KNOWN AS TI-IE PORT LUDLOW GOLF COURSE.
ALSO EXCEPT THA TPORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER
OF SAID SECTION 21, L YTI\!G SOmBERLY OF TEAL LAKE ROAD AND SOUTHERLY
OF WATSON ROAD.
ALSO EXCEPT AN"r' AND ALL COUNTY ROADS.
f:lengrlesm-jobsI528 08\980Idocument\5280831.doc
1111111111111111111111 ~~~~:~~¡~
Jetter.on County, WR POPE RESOURCES RESO 598.00'
------,--
---
November 11, 1998
Job No. 528-08-980-003
AP. No. 821164002
821164001
LEGAL DESCRIPTION
PARCEL "J"
THAT PORTION OF GOVERNMENT LOTS 5 AND 6 AND THE SOUTIIEAST QUARTER
OF TIlE SOUTHEAST QUARTER OF SECTION 16, TOWNSIDP 28 NORTH. RANGE 1
EAST OF THE W.M., JEFFERSON COUNTY, WASHINGTON, LYING SOUTI-lERL Y OF
LUDLOW BAY ROAD.
EXCEPT PARADISE BAY ROAD.
ALSO EXCEPT ANY PORTION TIIEREOF L'tlNG WITHIN Thl:. PLAT OF BAYVIEW
VILLAGE DIVISION 1 AS RECORDED IN VOLlTh-fE 6 OF PLATS AT PAGE III
RECORDS OF JEFFERSON COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF LYING WI11-IIN THE - PLAT OF BA )'VIEW
VILLAGE DIVISION 2 AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 114
RECORDS OF JEFFERSON COUNTY, WASHINGTON.
ALSO EXCEPT ANY PORTION THEREOF L YlNG WrrnlN TrΠPLAT OF BA YVIEW
VILLAGE DMSION 3 AS RECORDED IN VOLUME 6 OF PLATS AT PAGE 130
RECORDS OF JEFFERSON COUNTY, WASHINGTON.
f: \engr\esm-j 0 bs \5 2 8\ 0 8\9 8 0 \document \5 2 80 82 4. doc
1111111111111111111111 ~~~~~1~:"
Jerrerlon County, WR POPE RESOURCES RESO 698.00
-'----------
----------
August 30, 1999
REVISED October 13, 1999
Job No. 528-08-980-003
AP. No. 821291001
LEGAL DESCRIPTION
PARCEL uK"
THE EAST THREE QUARTERS OF THE NORTH HALF OF THE NORTHEAST QUARTER
OF SECTION 29, TOWNSfllP 28 NORTH, RANGE 1 EAST OF TIlE W.M., JEFFERSON
COUNTY, WASHINGTON.
EXCEPT At'N PORTION THEREOF LYING WITI-llN TIlE PORT LUDLOW GOLF
COURSE AS SHOWN ON SURVEY RECORDED IN VOLUME 7 OF SURVEYS AT PAGE
170, RECORDS OF JEFFERSON COUNTY, WASHINGTON.
ALSO EXCEPT A1\IY PORTION THEREOF L YTNG WITHIN THE 100 FOOT RADIUS
WELL SITE AS DESCRIBED IN EXHIBIT "C" PER DOCUM'ENT RECORDED IN
VOL[ÌÍ\Œ 2ìl OF-DEEDS. AT PAGE 342. AND EXCEPT ANY PORTION THEREOF
DESCRiBED AS WELLNO. 12, AS RECORDED IN VOLUME 211 OF DEEDS AT PAGE
333.
t:\engr'esm-jobs '52 g' 0 8WgO\document'.5 2 80826. doc
1111111111111111111111 :~~~ ~~
J.".rlon County, WR POPE RESOURCES RESO 598,00
-------
- --,,-------
November 11, 1998
REVISED October 13, 1999
Job No. 528-08-980-003
A.P. No. 821163012
LEGAL DESCRIPTION
PARCEL "L"
lHAT PORTION OF TIm SOUTHWEST QUARTER OF SECTION 16, TOWNSIDP 28
NORm, RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY, WASHINGTON, LYING
SOUlH OF LUDLOW BAY ROAD, NORm OF PARADISE BAY ROAD AND WEST OF
TIm PLAT OF BA YVIEW VILLAGE DMSION 2 AS RECORDED IN VOLUME 6 OF
PLATS AT PAGE 114 RECORDS OF JEFFERSON COrn"¡TY, WASHJNGTON.
f;\<'I1gr'esrn.jobs\5 28' 0 8\~80'J(X.'Um~,,¡ì5 2 80&3:>. doc
1111111111111111111111 ~~~~1~:~
Jeffer.on County, WR POPE RESOURCES RESO 698.00
---------- --- --- - ---- -------
Job No- 528-08-980-001
August 30, 1999
Revised October 4, 1999
A.P. No. 821201003
LEGAL DESCRIPTION
PARCEL "M"
THAT PORTION OF THE SOlITH HALF OF SECTION 17, AND SECDON 20, TOWNSHIP
28 NORTH, RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 19 OF THE PLAT OF
EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4, RECORDS
OF JEFFERSON COUNTY WASHINGTON, SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF LOT 20 OF SAID EDGEWOOD VILLAGE;
THENCE N 62°41 '04"W ALONG. THE SOUTHERLY LINE OF SAID LOT 19, A DISTANCE
OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT 19;
THENCE LEAVING SAID PLAT OF EDGEWOOD VILLAGE N 6r41 '04'W 186.23 FEET
TO A POINT ON THE BOUNDARY LINE OF TRACT "E" AS SHOWN ON THAT RECORD
OF S"(JRVEY FILED IN VOLUME 7 OF SURVEYS, PAGES 170 THROUGH 174,
AUDITOR'S FILE NO. 298845, RECORDS OF JEFFERSON COl.,rNTY, WASlm'¡OTON;
THENCE ALONG SAID BOUNDARY LINE OF TRACT "E", N 50"48'11'W 477.34 FEET
TO THE TIdjE POINT OF BEGINNfNG;
TIIENCE LEAVING SAID BOUNDARY LINE N 57°19'06"W, 302.20 FEET;
THENCEN 15°10'34"W, 757_04 FEET;
THENCE N 33"57' 14"E, 433.23 FEET;
n-IENCE S 81"42'49"W, 833.13 FEET;
THENCE N 69°05'56'W, 571.38 FEET;
THENCE S 29°50'26'W, 263.98 FEET;
THENCE N 61 °43 'O6'W, 206.28 FEET;
THENCE S 46°0T47'W, 511.72 FEET;
THENCE N 83°43'O6"W, 331.76 FEET;
THENCE S 03°41 '40'W, 86.74 FEET;
THENCE S 63°05'42"E, 598.58 FEET;
THENCE S 05"24'19"£, 771.34 FEET;
\ \11\\\ 11\1\ III1 11111\111111\\ 11111\111 \1111\\ 1\111\ :~~~~1;:"
Je"erlon county, WA POPE RESOURCES RESO 698.00
--- -----"------ -- ------- -- - -- - --_/
Job No. 528-O8~980-00 1
August 30, 1999
Re.ised October.t 1999
Page Two
THENCE S 73°46'26'W, 1,199.18 FEET;
THENCE S Mo29'18'W, 211.37 FEET;
THENCE S 40o..W'33"E, 338.74 FEET;
THENCE S 85"19'47"E 1,783.34 FEET;
THENCE N 7.F11 '11"E, 368.89 FEET;
THENCE S 65°34'27"E, 135.05 FEET;
THENCE S 27°13'03"£, 226.09 FEET;
THENCE N 80028'40"E, 776.44 FEET;
THENCE N 30"32'34"E, 439.98 FEET TO A POINT ON THE BOUNDARY LINE SAID
TRACT "E";
n-I~NCE ALONG SAID BOUNDARY OF TRACT "E", N 59c2T2ó"W, 236.48 FEET;
THENCE CO~ì1NUING ALONG SAID BOUNDARY LINE, N 49°13'51'W, 498.14 FEET;
THENCE CO~lINUING ALONG SAID BOlJNDARY LINE, N 41°28'28"£, 439.74 FEET TO
TRUE PO}1\.'T OF BEGINNING.
\'~sm2\voll lengr-=-jobs\52S\OSI52S0S980M.doc
1111111111\111111111111\ 1\111 1111 11111\ III 1II1III II 1111 :~~~~,~¡"
J8ff8r8on County, WA POPE RESOURCES RESO 699.00
---~,---'--- -- ------ --,-- - - ---- - ---
August 30, 1999
Revised October 12, 1999
Job No. 528-08.980-003
A.P. No. 821163003
LEGAL DESCRIPTION
PARCEL"N"
THAT PORTION OF TIΠSOUfHWEST QUARTER OF THE SOUTIiWEST QUARTER
OF THE SOurnwEST QUARTER OF SECTION 16, AND OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 21, AND OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, AND
OF THE SOUTHEAST QUARTER OF THE SOUllŒAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, ALL IN'
TOWNSHIP 28 NORTH, RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY,
WASHINGTON, L ):ìNG SOUTIIERL Y OF PARADISE BAY ROAD;
EXCEPT THE PLAT OF soum BAYNO. 3 AS RECORDED IN VOLUME 6 OF PLATS
AT PAGE 48, RECORDS OF JEFFERSON COUNTY, WASHINGTON;
EXCEPT OPEN SPACE AS SHOWN ON SAID PLAT OF SOUTH BAY NO.3;
EXCEPT THE PLAT OF EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF
PLATS AT PAGE 6, RECORDS OF JEFFERSON COUNTY, WASHINGTON;
EXCEPT TRACT "A" AS SHOWN ON THAT RECORD OF SURVEY RECORDED IN
VOLUME 7 OF SURVEYS AT PAGES 170 THROUGH 174 RECORDS OF JEFFERSON
COUNTY, WASHINGTON.
f:\en gr\esm~j obs\j 2 g- 08\9 80\document\5 2808980n.doc
\ \~I\\ I~\I I1I1 I~II \1111 ~II \II~\ III \\~III II I~I :~~~~,~:"
J8"8rlan Caunty, WA POPE RESOURCES RESO S98.00
-- --,--- -- -- -----,,-- ---- -,,---
Olympic Resource Management
Job No. 528-08-980-001
June 22, 1998
Revised October 4, 1999
AP. No. 821201004
LEGAL DESCRIPTION
PARCEL "0"
TI-IAT PORTION OF THE SOUTH HALF OF SECTION 17, AND SECTION 20, TOWNSIDP
28 NORTH, RANGE 1 EAST, OF THE W.M., JEFFERSON COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTIffiRLY CORNER OF LOT 19 OF THE PLAT OF
EDGEWOOD VILLAGE AS RECORDED IN VOLUME 7 OF PLATS AT PAGE 4,
RECORDS OF JEFFERSON COUNTY, WASHINGTON, SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF LOT 20 OF SAID EDGEWOOD VILLAGE;
TIIENCE N 62°41'04" W, ALONG THE SOUTHERLY LINE OF SAID LOT 19, A
DISTANCE OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT 19, ALSO BEING THE
TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
TI-IENCE IN A NORTHERLY DIRECTION ALONG THE WESTERLY MÞ..RGIN OF SAID
EDGEWOOD VILLAGE THE FOLLOWING COURSES:
N 16c54'Ol"W, 146.06 FEET;
N 08°51'01"W, 148.46 FEET;
N 00"'45'12" \V, 83.80 FEET;
N 3JO27'0T' W, 203.41 FEET;
N 58°40'37" \V, 271.08 FEET;
N 54°21'25" W, 170.00 FEET;
N 28°10'03" W, 130.07 FEET;
N 03°29'54" \1/, 172.66 FEET;
N 62°51'48"W, 110.25 FEET;
N 34°46'49" W, 43.95 FEET;
N 78°03'36" W, 78.92 FEET;
N 31°08'05" E, 195.03 FEET;
N 5]051' 19" E, 255_59 FEET;
N 46°06'28" E, 128.24 FEET;
N 35°54'24" W, 102.69 FEET;
N 24°57'29" E, 60.14 FEET;
IIIIIIII~II ~IIII 11111111111111111111111 \1111111\ 111\ ~~~:"~1~:~
Jefferlon County, WA POPE RESOURCES REse 698.00
, -
--'- ---,-_.- --- -- --- -, - -- -- - -- --- -- - --
N 69°20'44" W, 262.49 FEET TO THE SOUTHWEST CORNER OF "TRACT-A" OF SAID
PLAT OF EDGEWOOD VILLAGE;
THENCE LEAVING THE EASTERLY BOUNDARY OF SAID PLAT, N 80°49'39" W, 522.45
FEET;
THENCE N 82°41 '38" W, 696.66 FEET;
THENCE N 81°52'35" W, 410.77 FEET;
THENCE S 57°17'10"W, 610.50 FEET;
THENCE S 68°17'21"W, 437.70 FEET;
THENCE S 39°09' 14" W, 232.44 FEET;
THENCE S 02°49'05" E, 186~58 FEET;
THENCE S 30°38'22" E, 347.97 FEET;
THENCE S 57°58'04" E, 385.91 FEET;
THENCE S 02°13'34" E, 314.90 FEET;
THENCE S 77°34'03" W, 879.80 FEET;
THENCE S 31°43'44"W, 686.04 FEET;
THENCE S 40°39'05" E, 708.70 FEET;
THENCE N 82°39'53" E, 502.49 FEET;
THENCE S 79°15' 18" E, 802.92 FEET;
THENCE N 89°09' 18" E, 828.68 FEET;
THENCE S 70°57'24" E, 355.80 FEET;
THENCE S 88°09'57" E, 477.22 FEET;
111111111111111111111 :~~:~~1~:"
Jerrerlon County, WR POPE RESOURCES RESO 59B.00
-,------,.------------------------_..
THENCE N 72°39'34" E, 410.00 FEET;
THENCE N 26°22'05" E, 224.80 FEET;
THENCE N 41°32'51" E, 201.73 FEET;
THENCE S 77°09'31" E, 109.99 FEET;
THENCE N 14°11'17" E, 142.60 FEET;
THENCE N 59°27'26" W, 600.00 FEET;
THENCE N 49°13'51" W, 498.14 FEET;
THENCE N 41°28'28" E, 439.74 FEET;
THENCE S 50°48'17" E, 477.34 FEET;
TI-ŒNCE S 62"41 '04" E, 18623 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED PROPERTI:
COMMENCING AT THE MOST50UTHERLY CO&'J"ER OF LOT 19 OF THE PLAT OF
EDGEWOOD VILLAGEAS RECORDED IN VOLUME 7 OF PLA 1'5 AT PAGE 4,
RECORDS OF JEFFERSON COUNTY WASHINGTON, SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF LOT 20 OF SAID EDGEWOOD VILLAGE;
TtŒNCE N 62041 'O4"W ALONG 11-fE SOUTHERLY LINE OF SAID LOT 19, A DISTANCE
OF 24.00 FEET TO AN ANGLE POINT ON SAID LOT 19;
THENCE LEAVING SAID PLAT OF EDGEWOOD VILLAGE N 62°41 '04'W 186.23 FEET
TO A POINT ON THE BOUNDARY LINE OF TRACT "E" AS SHOWN ON THAT RECORD
OF SURVEY FILED IN VOLUME 7 OF SURVEYS, PAGES 170 THROUGH 174,
AUDITOR'S FILE NO. 298845, RECORDS OF JEFFERSON COUNTY, WASHINGTON;
THENCE ALONG SAID BOUNDARY LINE OF TRACT "E", N 50048'll'W 477.34 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID BOUNDARY LINE N 57°19'06'W, 302.20 FEET;
THENCE N 15°10'34'W, 757.04 FEET;
THENCE N 33°57' 14"E, 433.23 FEET;
THENCE S 81°42'49'W, 833.13 FEET;
TI-IENCE N 69°05'56'W, 571.38 FEET;
1111111111111111111111 ~~~~~1~¡"
Jefferlon Co~nty, WA POPE RESOURCES RESO 698.00
THENCE S 29°50'26'W, 263.98 FEET;
THENCE N 61°43'06'W, 206.28 FEET;
THENCE S 46°07'47'W, 511.72 FEET;
THENCE N 83°43'06'W, 331.76 FEET;
THENCE S 03°41 '40'W, 86.74 FEET;
THENCE S 63°05'42"E, 598.58 FEET;
THENCE S 05°24' 19"E, 771.34 FEET;
THENCE S 73°46'26'W, 1,199.18 FEET;
THENCE S 44°29' 18'W, 211.37 FEET;
TIIENCE S 40040'33"E, 338.74 FEET;
TIIENCE S 85"19'AT'E 1,783.34 FEET;
THENCE N 74°11' 11"E, 368.89 FEET;
THENCE S 65°34'27"£, 135.05 FEET;
THE"NCE S 27°13'03"£, 226.09 FEET;
TIIENCE N 80°28'40"£, 776.44 FEET;
TIIENCE N 30032'34"E, 439.98 FEET TO A POINT ON THE BOUNDARY LINE SAID
TRACT "E";
THENCE ALONG SAID BOUNDARY OF TRACT "E", N 59°2T26'W, 236.48 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE, N 49°13'5I"W, 498.14 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE, N 41°28'28"E, 439.74 FEET TO
TRUE POINT OF BEGINNING.
f: \engr'<:sm-jobs' 528' 0 8\9 80\docum""t\5 280 897 _doc
I~IIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~:~~,~:~
J.".rlon County, WR POPE RESOURCES RESO 698.00
"---_..----"- -----------------
GOLF COURSE
JOB NO. 528-08.980
October 15, 1999
AP. Nos. 821163006,821163007,821201002,
821204002,821212002,821213002
821291003
LEGAL DESCRIPTION
PARCEL "P"
rnOSE PORTIONS OF SECTIONS 16,20,21, AND 29, ALL IN TOWNSHIP 28 NORTH,
RANGE 1 EAST, WILLAMETIE MERIDIAN, DESCRIBED AS FOLLOWS:
PARCELS A, B, C, D AND E AS SHOWN AND DESCRIBED ON THAT CERTAIN RECORD OF
SURVEY AS RECORDED IN VOLUME 7 OF SURVEYS AT PAGES 170 THROUGH 174,
RECORDS OF JEFFERSON COUNTY, WASHINGTON.
EXCEPT ANY PORTION rnEREOF L Y1NG WITHIN TIIE PLAT OF EDGEWOOD VILLAGE
AS RECORDED IN VOLID.Π7 OF PLATS AT PAGES 4 THROUGH 7 RECORDS OF -
JEFFERSON COlJNTY, WASHINGTON.
EXCEPT ANY paR nON THEREOF LYING WITHIN F AIRWAY VILLAGE CONDOMINIUMS
AS RECORDED IN VOLUME 1 OF CONDOMINIUMS AT PAGE 219, RECORDS OF
JEFFERSON COlJNTY, WASHINGTON.
ALSO EXCEPT FROM SAID TRACTS BAND D, THOSE PORTIONS CO1'.'VEYED TO
LUDLOW UTILITIES COMPANY, FOR WELL NOS. 4, 9 AND 12 BY DEED RECORDED
DECEMBER 3, 1985, UNDER AUDITOR'S FILE NO. 298330.
ALSO EXCEPT FROM SAID TRACT "D" THAT PORTION THEREOF FOR A 175,000
GALLON RESERVOIR AS RECORDED IN VOLUME 211 OF DEEDS AT PAGE 334.
\\esm2\voll \~gr\esm-jobs\528\O8\980\documenl\5280898.doc
\ 111111 I~II I~I 11111 1\11\ 111111111\ III \\11\11 II 1111 ~~~~ ;¡..
J8"8r8on County, WA POPE RESOURCES RESO 698.00
---
--_.-
---.
,_._---,~------
VILLAGE CENTER
Job No. 528-08-980-001
April 23, 1998
AP. No. 821171001
LEGAL DESCRIPTION
PARCEL"Q"
THAT PORTION OF THE NORTH HALF OF SECTION 17, TOWNSHIP 28 NORTH,
RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY, WASHINGTON;
EXCEPT ANY PORTION THEREOF LYING NORTH OF THE SOUTH RIGHT -OF-
WAY MARGIN OF OAK BAY ROAD:
ALSO EXCEPT A..l\TY PORTION THEREOF LYING WESTERLY OF THE
EASTERL Y MARGIN OF BREAKER LANE PRIVATE ROAD;
ANTI ALSO EXCEPT ANY PCRTIONTHEREOF LYING SOUTHERLY OF THE
NORTHElU,Y J\L\RGW OF PARADISE BAY ROAD.
f:\engr\esIll~jobs" 5 2 8' 08\980\.docuIIlenl\5280899.doc
1111111111111111111111 ~~~~~,~:"
Jerrer.on County, WR POPE RESOURCES RESO 699.00
---------------- -
RY. PARK
Job No. 528-08-980
April 23, 1998
Revised October 15, 1999
A.P. No. 821172002
LEGAL DESCRIPTION
PARCEL "R"
TIIAT PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 28
NORTH, RAtx.:GE 1 EAST, W.M., IN JEFFERSON COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 17, THE
NORTHEAST CORNER OF SAID SECTION Ii BEARS S 881:>17'26" E; THENCE S 00°52'33"
W ALONG TI-ΠEAST LINE OF SAID NORTHWEST QUARTER 1914.'16 FEET; THENCE
N 89°07'27" W 265.93 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
A POINT ON A CURVE, THE CENTER WHICH BEARS N 22°32'26" W 165.QO fEET;
THENCE WESTERLY ON SAID CURVE TO THE PJGHT, THROUGH A CENTRAL
ANGLE OF 21°59'54", AN ARC DISTANCE OF 63.35 :F"EET; THENCE
S 89°27'28" W 130.00 FEET; THENCE N 00°32'32" W123.25 FEET; TIfENCE S 88"13'14" W
318.00 FEET; THENCE S 48°55'07" W 108.33 FEET; Tl-ŒNCE S 09°37'00" W 92,50 FEET;
THENCE S 09°04'02" E 353.00 FEET; THENCE N 89°27'28" E 325.00 FEET; TIŒNCE N
46°32'58" E 160.00 FEET; THENCE
N 05°18'32" W 216.00 FEET; THENCE N 89°27'28" E 70,00 FEET TO THE POINT OF
CURVE; THENCE EASTERLY ON SAID CURVE TO THE LEFT, HAVING A RADIUS OF
235.00, TIIROUGH A CENTRAL ANGLE OF 21°59'54", AN ARC DISTANCE OF 90.23
FEET; THENCE N 67°27'34" E 157.40 FEET TO THE WESTERLY MARGIN OF A
PRIVATE ROAD AS SHOWN ON A RECORD OF SURVEY FOR PORT LUDLOW
VILLAGE AND RECORDED IN VOLUME 9 OF SURVEYS, PAGE 66 AND UNDER
AUDITOR'S FILE NO. 312267, RECORDS OF JEFFERSON COUNTY, WASHINGTON;
THENCE N 11 °50'17" W ALONG THE WESTERLY MARGIN OF SAID PRIVATE ROAD A
DISTANCE OF 71.24 FEET TO A POINT WHICH BEARS N 67°27'34" E FROM THE TRUE
POINT OF BEGfNNING; THENCE
S 67°27'34" W 170.63 FEET TO THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS PORT LUDLOW R.V. PARK PHASES 1 AND 2, AS RECORDED IN
VOLUME 1, OF BINDING SITE PLANS AT PAGES 7, 8,11 AND 12 RECORDS OF
JEFFERSON COUNTY, WASHINGTON.
f:lomg!"<:sm-jobs"S2 8' 08\980\document\52808\ OO.doc
1111111111111111111111 :~¡~~~1;:"
Je"erlon County, WR POPE RESOURCES RESO 598.00
.~. .
SALES CENTER
Job No. 528-08-980
October 15, 1999
AP. No. 821163013
LEGAL DESCRIPTION
P ARÇEL "S"
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21 AND OF THE
SOUTHWEST QUARTER OF SECTION 16, ALL IN TOWNSHIP 28 NORTH,
RANGE 1 EAST OF THE W.M., JEFFERSON COUNTY, W ASIllNGTON, LYING
EASTERLY AND NORTHERLY OF TRACT "A" OF THAT CERTAIN SURVEY
RECORDED IN VOLUME 7, OF SURVEYS AT PAGES 170 THROUGH 174, AND
LYING SOUTHERLY OF PARADISE BAY ROAD Al'ID LYING WESTERLY OF
TEAL LAKE ROAD.
f:\"ngr";'Sm~joœ\5::8' 08\9;W..d.:-c\;r.",nl\528081 0 I.doc
1111111111111111111111 ~~4~~~1;~'
J.ff.rlon County, WR POPE RESOURCES RES a S98.00
---~-,
----
----
-----
DEVELOPMENT OFFICE
Job No. 528-08-980
October 15, 1999
AP. No. 821084004
LEGAL DESCRIPTION
PARCEL "T"
TIIAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 28
NORTH, RANGE I EAST OF THE W.M., JEFFERSON COUNTY, WASHINGTON,
LYING BETWEEN THE PLATS OF PORT LUDLOW NO.3 AS RECORDED IN
VOLUME 5 OF PLATS AT PAGES 95 THROUGH 97 AND THE PLAT OF PORT
LUDLOW NO.4 AS RECORDED IN VOLU1vΠ6 OF PLATS AT PAGES 54
THROUGH 56, RECORDS OF JEFFERSON COUNTY, 'N ASHINGTON.
EXCEPT A..'N PORTION THEREOF L'riNG NORTH OF THE SOUTH RIGHT OF
WAY MARGIN OF WALKER \VA Y.
ALSO EXCEPT THAT PORTION THEREOF DESCRlBED AS WELL NO.2 AND
RECORDED IN VOLUME 211 OF DEEDS AT PAGE 322, RECORDS OF
JEFFERSO~ COUNTY, WASHINGTON.
f:\cmgr'esm-jobs'52S' 08\980Idocum.:nI\528081 02.doc
~ 1111111/11 I III III I III!I II ~:~~~~:~~¡~
Jerrerlon County, WA POPE RESOURCES RESO 698.00
---,- -- - --- ---- --- -- -- - - -
Sewage Treatment Plant
Job No. 528-08-980
August 6, 1999
Revised September 27, 1999
A.P. No. 821093003
LEGAL DESCRIPTION
PARCEL "U"
THAT PORTION OF SECTION 9, TOWNSHIP 28 NORTI-I, RANGE 1 EAST OF THE W.M.,
JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINES OF POPE
WAY AND CONDON LANE IN THE PLAT OF PORT LUDLOW NO.1, AREA 2 PER
VOLUME 5 OF PLATS AT PAGE 27, RECORDS OF JEFFERSON COUNTY; THENCE
ALONG THE CENTERLINE OF CONDON LANE SOUTII 05°54'07" WEST 329.20 FEET
TO A POINT OF CURVATURE; THENCE SOUTHERLY ON A 1000.00 FOOT RADIUS
CURVE TO THE LEITHAVING A CENTRAL ANGLE OF 11°08'10", FORAN ARC
DISTANCE OF 194.36 FEET TO A POINT OF TANGENCY; THENCE SOUTH 05°14'03"
EAST 70.17 FEET TO AN EXISTING CASED MONUMENT AT THE CENTER POINT OF
THE COL-DE-SAC AT THE -SOUTII END OF SAID CONDON LANE; TI-IENCE SOTJTH
13"'51 '52" WEST 45,00 FEET TO TI-Œ NORTrIEAST CORNER OF LOT 37 OF 111£ ABOVE
SAID PLAT AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE EAST LINE
OF SAID LOT 37 SOUTH 13"51 '52." WEST 130.03 FEET TO THE SOUTHEAST CORNER
Of SAID LOT 37; TI-ffiNCE LEAVING SAID PLAT SOUTH 2.6°27'34" WEST A DISTANCE
OF' 212.79 FEET; TIŒNCESOUTH,:80034'20"-EAST A DISTANCE OF 119.75 FEET;
THENCE NORTH60053 '39" EAST A DISTANCE OF '74.11 FEET TO THE NORTH'VEST
CORNER OF "ADMIRAL TYNO. 2" AS PER SURVEY RECORDED IN VOLUME 10F
CONDOMINIUMS-ATPAGES-J8 AND 39 RECORDS OF JEFFERSON COUN1Y
WASHINGTON; TI-IENCE EASTERLY ALONG THE NORTH LINE OF SAID
"ADMIRAL n' NO.2" ALONG A 110.00 FOOT RADIUS CURVE TO THE LEFT 11lli
CENTER OF WHICH BEARS NORTH 18°44'16" EAST, HAVING A CENTRAL ANGLE OF
27°30'00", FOR AN ARC DISTANCE OF 52.80 FEET TO A POINT OF TANGENCY;
TI-IENCE CONTINUING ALONG TIlE NORm LINE OF SAID "ADMIRAL IT NO.2" AND
TIlE EASTERLY EXTENSION TIlEREOFNORTH 81°14'16" EAST 140 FEET, MORE OR
LESS, TO THE LINE OF ORDINARY HIGH TIDE OF PORT LUDLOW; THENCE
NORTIfERL Y ALONG THE LINE OF SAID ORDINARY HIGH TIDE A DISTANCE OF 265
FEET, MORE OR LESS, TO A POINT ON TIlE SOUTH LINE OF THE EASTERLY
EXTENSION OF LOT 36 OF TIlE ABOVE SAID PLAT OF PORT LUDLOW NO.1 AREA 2;
THENCE ALONG LAST SAID LINE SOUTH 89°38'09" WEST TO THE SOUTHWEST
CORNER OF SAID LOT 36; TIfENCE ALONG mE WESTERLY LINE OF SAID LOT 36
NORm 25°02'27" WEST 116.95 FEET TO THE NORTHWEST CORNER OF SAID LOT 36;
THENCE WESTERLY ALONG TIlE SOUTHERLY MARGIN OF SAID CONDON LANE ON
A 45.00 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS
NORm 43°25'53" WEST HAVING A CENTRAL ANGLE OF 57°17'45", ALONG AN ARC
DISTANCE OF 45.00 FEET TO THE TRUE POINT OF BEGINNING.
~ 1111111111111111 " ,,:~~~~~,
Je"erlon County, WR POPE RESOURCES RESO Se8.00
-- -
-----------------'-- --- --- -- ----
Olympic Resource Management
Job No. 528-08-980-004
August 6, 1999
Revised September 27, 1999
TOGETHER WITH TIDELANDS OF TIlE SECOND CLASS SITUATED IN FRONT OF,
ADJACENT TO OR ABUITING TI-lEREON.
INCLUDING ANY AND ALL FIXTURES LOCATED TIfEREON, TOGETIIER WITH ALL
RIGHTS, TffiE AND INTEREST IN THOSE CERTAIN EASEMENTS GRANTED BY POPE
AND TALBOT DEVELOPMENT, INe. TO LUDLOW UTILITIES COMPANY RECORDED
IN THE JEFFERSON COUNTY AUDITOR'S OFFICE UNDER RECORDING NO'S 221929,
251880,221957,255190 AND 256624.
\\esm2\voll "'ngr\esm-jobs\528\08\980Idocument15 2808 ! OJ.doc
1111111111111111111111111111111111 ~~~~~¡~
J.".rlon County, WA POPE RESOURCES RESO 598.00
..--...--.---.--....-.-- ---- ----,,'
Conference Center
Job No. 528-08-980
September 28, 1999
AP. No. 821093001
LEGAL DESCRIPTION
PARCEL "V"
THAT PORTION OF GOVERNMENT LOT 4, SECTION 9, AND THAT PORTION OF
GOVERNMENT LOT 1, SECTION 16, ALL IN TO\VNSHIP 28 NORTH, RANGE 1 EAST OF
THE W.M., IN JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT TIlE SOUTH QUARTER CO&"lER OF SECTION 9, TOWNSHIP 28
NORTH, RANGE 1 EAST, W.M. FROM WHENCE TIlE SOUTHWEST CORNER OF SAID
SECTION 9 BEARS N 88°35'24" W, THENCE S 17°26'02" W, 72.07 FEET; THENCE N
72°33'27" W, 133.55 FEET TO A CONCRETE MONUMENT KNOWN AS "MONUMENT A"
FOR PURPOSES OF THIS DESCRIPTION, AND 1HE TRUE POINT OF BEGn~ING;
THENCE S 1 ì"26'33"W, 30.00 FEET; THENCE N 72°33'27" W, 311..36 FEET TO A POIl'.-rr
OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 785.44
FEET AND A CEN1RAL ANGLE OF 10°18' 18", At\¡ ARC DlSTA.~CE OF 141.27 FEET;
TIlENCE N 82°55'41" W, 16.07 FEET TO APOTh'T OF CURVE; TIffiNCE ALONG A
CURVE TO THE LEFT; HA VINGA I\ADfUS DF 35.00 FEET AND A CENfRAL ANGLE
OF 43°57'56"; AN ARC DISTANCE OF 26':86 FEET TO 11~1E EASTERLY MARGIN OF TIIE
OAK BAY ROAD; THENCE N 70"21 '53" W ALONG SAm ROAD MARGIN A DISTANCE
OF 6.34 FEET; THENCE CONTINUING ALONG SA1D ROAD MARGIN ON A CURVE TO
TIlE LEFl", TIIE CENTER OF WIDCR BEARS N 70"21' 53" W, HAVING A RADIUS OF
488.37 FEET, AND A CEN'mAL ANGLE OF 12"35'1'3", AN ARC DISTANCE OF 107.29
FEET; THENCE CONTINUING ALONG SAID ROAD MARGIN N 01"02'54" E, 179,73
FEET; THENCE CONTINUING ALONG SAID ROAD MARGIN, ALONG A CURVE TO
THE LEFl", HAVING A RADIUS OF 2894.79 FEET AND A CENTRAL ANGLE OF 6°19'43",
AN ARC DISTANCE OF 319.74 FEET; TIfENCE, CO?--ITINUING ALONG- SAID ROAD
MARGIN, N 00°43'11" E, 281.84 FEET TO A POINT OF CURVE; THENCE CONTINUING
NORTIIERL Y ALONG SAID ROAD MARGIN, ALONG A CLJRVE TO TIIE LEl-l, HAVING
A RADIUS OF 2053.22 AND A CENTRAL ANGLE OF 05"46'06", AN ARC DISTANCE OF
206.71 FEET TO THE SOUTHERLY MARGIN OF TI-IE PLAT OF PORT LUDLOW NO. 1,
AREA 2, PER VOLUME 5 OF PLATS, PAGE 27 OF JEFFERSON COUNTY RECORDS;
THENCE ALONG SAID SOUTHERLY MARGIN THE FOLLOWINU COURSES:
N 89"39'46" E, 188.51 FEET;
N 62°49'20" E, 58.96 FEET;
N 89"39'46" E, 177.40 FEET;
S 00°20' 14" E, 25.00 FEET;
N 89"39'46" E, 165.64 FEET TO THE SOUTHEAST CORNER OF LOT 37 OF SAID
PLAT OF PORT LUDLOW NO.1;
1111111111111111111111 :,~~':~:~~:"
J.ff.~'on Co~ntv, WR POPE RESOURCES RESO S9B.ØØ
'..""-'-- -"'---".-..-
---..-
1HENCE LEAVING SAID SOUTHERLY MARGIN, S 26°27'34" W, 272.79 FEET; 1HENCE
S 80°34'20" E, 119.75 FEET; 1HENCE N 60°53'39" E, 74.11 FEET TO THE NORTIiWEST
CORNER OF ADMIRAL1Y NO.2, AS PER CONDOMINIUM RECORDED IN VOLUME 1
OF CONDOMINIUMS, PAGES 31 THROUGH 39, RECORDS OF JEFFERSON COUNTY,
WASHINGTON; THENCE ALONG TIΠWESTERLY LIMITS OF SAID CONDOMINIUM
THE FOLLOWING COURSES:
S 03°57'27" W , 160.47 FEET;
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;
S 56°29'56" W, 19.31 FEET;
S 17"01 '21" W, 88.40 FEET TO THE NORTHWEST CORNER OF ADMIRAL IT, AS
PER CONDOMThlUM RECORDED IN VOLUME 10 OF OFFICIAL RECORDS,
PAGE 22 THROUGH 42, RECORDS OF JEFFER.~ON COVNTi, WASHINGTON;
TIIENCE S 17"01 '21" W ALONG THE 'WESTERLY LIMITS OF SAID ADMIRALTY, 395.01
FEET TO 1RE SOUTHWEST CORNER THEREOF; THENCE S 72°33'27" E ALONG TIffi
SOUTHERLY LIMITS OF SAID ADMIRAL1Y, 281.40 FEET; THENCE S 17<'26'33" W,
30.00 FEET TO THE TRUE POINT OF BEGINNING.
f: lengrlesm-j obsl5 2 8' 0 8\980ldocument\52808104.doc
11111111111111111111
11435974
Palle: 67 of 541
08/04/2000 11 :40R
RESO 698.00
Jeff.rlon County, WR POPE RESOURCES
Ludlow Bay Village
Job No. 528-08-980
November 23, 1999
LEGAL DESCRIPTION
PARCEL "w"
THOSE PORTIONS OF THE PLAT OF LUDLOW BAY VILLAGE AS RECORDED
IN VOLUME 6 OF PLATS AT PAGES 228 THROUGH 233, RECORDS OF
JEFFERSON COUNTY, WASIDNGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCELS "Ml" THROUGH "M4" INCLUSIVE, PARCEL "T", PARCELS "Rl", "R2"
A.ND "R3", PARCELS "SFl" THROUGH "SF5" INCLUSIVE, PARCELS "THl4"
THROUGH "TH53" INCLUSIVE, PARCELS "TH52A", "TH16A", "TE28 A",
"TH29A", "TH44A", AND "TH45A" OF SAID PLAT.
f:' ¿ngr\esm"j obs"5 2 g' 08\980\documcnt\528081 05 .doc
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J,".rIOM County, WA POPE RESOURCES RESO 598.00
EXHIBIT "2"
Map Of Pope Resources and Subsidiary Company Properties
7
7
8
18 17
19 20
19
M.P.R. BOUNDARY UNE
19 20
30 29
30
..----------------
I.JJ
Z
~
D
DENOTES CURRENT PROPER~ES OWNED BY
POPE RESOURCES AND SUBSIDIARY COMPANIES
SCALE:
1" = 2000'
~-
EXHIBIT "3"
LAND USE DESIGNA TIONS
- - - - MASTER PLANNED RESORT BOUNDARY
~ RESORT COMPLEX/COMMUNITY FACILITIES/
~ RECREATION (MPR-RC/CF /R)
I::::::~ VILLAGE COMMERCIAL CENTER (MPR-VCC)
k::::::::::::<::j RECREA TlON AREA (MPR-RA)
~ MULTIPLE FAMILY (MPR-MF)
c=J SINGLE FAMILY (MPR~SF)
I~~;;;;;;I SINGLE FAMILY TRACTS (MPR-SFT)
~ OPEN SPACE RESERVE (MPR QSR)
i;;;::;::::~::::~ Pi[ ~ 11-
;imii iiiiriiii' i:t ¡+;ì\
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--::::::::::-:-::'-::::::X ,- - - - -.. - - --... - -- -.. _.!
: '-:-:'-- -:-:-) "
LAND USE DESIGNATIONS TAKEN FROM: :-:::::::::-:,-----:-:,'
JEFFERSON COUNTY COMPREHENSIVE: "
PLAN DATED AUGUST 28, 1998 h______---' LAND USE MAP
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zone-bw3.dwg
II 43S974
Page: 69 of 541
08/04/2000 11 :40A
RESO 698 - øø
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Jeffer.on County, WA POPE RESOURCES
j
APPENDIX "A"
Jefferson County
PORT LUDLOW MASTER
PLANNED RESORT
CODE
(MPR
Code)
Development Regulations for the Port
Ludlow Master Planned Resort
Adopted & Effective October 4, 1999
Ordinance No: 08-1004-99
II ~ 1111 ~ 111111111111 ~.~~~~:"
J8"8rlon County, WA POPE RESOURCES RESO 698.00
.~"'.,----,---,,------ --'
1111111111111111111111 ~:~~~~ ~~,
J.".rlon COUMty, WR POPE RESOURCES RESO 698.00
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
Planned Resort.
)
)
)
)
)
ORDINANCE NO, 08-1004.99
WHEREAS, Jefferson County adopted its 20 year comprehensive land use plan on
August 28, 1998.
WHEREAS, The Comprehensive Plan designated the Port Ludlow community as
a Master Planned Resort based on the provisions contained in RCW 36.70A.362; and
WHEREAS, the County is required to adopt development regulations that are
consistent with the provisions of the Comprehensive Plan; and
I
WHEREAS, emergency interim regulations were adopted for the Master Planned
Resort, one appeal was filed and others were under consideration, and, as an alternative to an
appeal process and in consideration of dismissal of the appeal, the County initiated mediation
between stakeholders representing a wide range of community interests; and
WHEREAS, the stakeholder interest groups have reached consensus on the issues
related to this phase of the planning process that might otherwise have been subject to appeal;
and
WHEREAS, a memorandum of understanding between Olympic Water and
Sewer, Inc. and Jefferson County accompanies this ordinance and provides for equitable
. allocation of sewer services within the boundary of the Master Planned Resort for at least the
next 20 years; and .
WHEREAS, Olympic Resource Management has agreed that vested preliminary
plat applications within the Master Planned Resort shall be subject to the tenns and provisions of
this ordinance, and further acknowledges that future resort development will require altering and
partially vacating approved plat development; and
WHEREAS, a development agreement setting forth provisions and limitations on
future resort and related development plans is expected to proceed through a separate public
review and adoption process; and
WHEREAS, the environmental impacts of this Ordinance are within the scope of
Page 1 of 26
IIIII/III/II'III!IIIII!II!'I!III!!'III!!!'!IIIII'II!II! ;~~~~ ~¡~
J.".~'on County, WA" POPE RESOURCES RESO 598.00'
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance /0-11/4-98 and adopting new development
regulations for the PO" Ludlow Planned Reso"
the impacts anticipated by the County's Comprehensive'Plan and within the range of impacts
evaluated in the 1993 environmental studies referenced below; and
WHEREAS, environmental review for the new regulations has been completed
and included adoption of the Draft and Final Environmental Impact Statements (EISs) for the
Jefferson County Comprehensive Plan (published February 1997 and May 1998), the Draft and
Final EISs for the Inn at Port Ludlow (October 1992 and April 1993), and the Draft and Final
EISs for the Port Ludlow Development Program (October 1992 and Aprill993);
as follows:
NOW, THEREFORE, the Jefferson County Board of Commissioners does ordain
SECTION 1
AUTHORlTY AND PURPOSE
Section 1.10 Authority and Table of Contents: This ordinance is adopted pursuant to Chapter
36.70 RCW. The Table of Contents for the MPR regulations set forth 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
1.3 0 Rules of Interpretation
1.40 Additional Requirements
1.50 Qualified Lead Planner
1.60 Public Notice Roster
SECTION 2 SCOPE OF REGULATIONS
2.10 Applicability
2.20 Compliance With Regulations Required
2.30 Exemptions
2.40 Non-conforming Uses
2.50 Non-conforming Structures
2.60 Community Associations and Facilities
SECTION 3 PORT LUDLOW MASTER PLANNED RESORT ZONING DISTRlCTS
3.10 Single Family Zone (MPR-SF)
3.101 Purpose
3.102 Pennitted Uses, Lot Size, and Density
Page 2 of 26
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J.rr.rlon County, WA POPE RESOURCES RESO 698.00
ORDIi"Ai'lCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1114.98 and adopting new development
regulations for the Pon Ludlow Planned Reson
3,20
3.30
3.40
3,50
3,60
3.103
3.104
3.105
3.106
3.107
3.10'8
Conditional Uses, Lot Size, and Density
Height Restrictions
Bulk and Dimensional Requirements
Commercial Forest Land Buffers
Accessory Dwelling Units Prohibited
Conceptual Site Plan Requirement
Single Family Tract Zone (MPR-SFT)
3.201 Purpose
3.202 Pennitted Uses
3.203 Conditional Uses
3.204 Height Restrictions
3.205 Bulk and Dimensional Requirements
3.206 Accessory Dwelling Units Prohibited
Multi-family Zone (MPR-MF)
3.301 Purpose
3.302 Pennitted Uses
3.303 Conditional Uses
3.304 Height Restrictions
3.305 Bulk and Dimensional Requirements
Resort Complex/Community Facilities Zone (MPR-RC/CF)
3.401 Purpose
3.402 Pennitted and Conditional Uses
3.403 Non-Resort Uses and Properties
3.404 Height Restrictions
3.405 Bulk and Dimensional Requirements
Village Commercial Center Zone (MPR- VC)
3.501 Purpose
3.502 Pennitted Uses
3.503 Conditional Uses
3.504 Height Restrictions
3.505 Bulk and Dimensional Requirements
Recreation Area (MPR-RA)
3.601 Purpose
3.602 Permitted Uses
3.603 Height Restrictions
3.604 Bulk and Dimensional Requirements
Page 3 of 26
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J8"8rlon County, WA POPE RESOURCES RESO 698,00
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1]14-98 and adopting new development
regulations for thl: POll Ludlow Planned Reson
3,70
3.80
3.90
Open Space Reserve (MPR-OSR)
3.701 Purpose
3.702 Pennitted Uses
3.703 Conditional Uses
3.704 Height Restrictions
3.705 Bulk and Dimensional Requirements
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; Limitations
Resort Development
3.901 Resort Plan
3.902 Pennit Process for Resort Development
3.903 Requirement to Vacate or Withdraw Existing or Vested Development Rights
3.904 Environmental Review for Resort Plan Development
3.905 Revisions to Resort Plan
3.906 Major Revision
3.907 Minor Revisions
Section 1.15 Title: The regulations set forth in this ordinance shall be known as the Port
Ludlow Master Planned Resort Code, or by the short title, MPR Code. Citations to these
regulations may be made using the applicable section number and this ordinance number or the
name of this code.
Section 1.20 Purpose and Intent: The purpose and intent of the MPR Code is to set forth
development regulations that comply with and are consistent with the Jefferson County
Comprehensive Plan for future development within the boundaries of the Port Ludlow Master
Plarmed Resort. '
Section 1.30 Rules ofInteroretation: The following rules apply in making interpretations
of the tenns and conditions contained herein.
1.
2.
3.
F or purposes of this Ordinance, all words used in the ordinance shall use nonnal and
customary meanings, unless specifically defined otherwise in this ordinance.
Words used in the present tense include the future tense.
The plural includes the singular and vice-versa.
Page 4 of 26
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J.rr.r.on County, WR POPE RESOURCES RESO SBS,00
ORDINANCE NO. 08-1004-99 repealing the interim development comrols of Ordinance /0-/214-98 and adopting new development
regulations for the Port Ludlow Planned Resort
4.
5.
6.
7.
The words "will" and "shall" are mandatory.
The words "may" and "should" indicate that discretion is allowed.
The word "used" includes designed, intended, arranged, or intended to be used.
The masculine gender includes the feminine and vice-versa.
Section 1.40 Additional Requirements: The following Ordinances and requirements may
qualify or supplement the regulations presented in this ordinance. Where the regulations of this .
ordinance, those set forth below, or any other local, state, or federal regulations overlap, the
most restrictive and/or protective standards shall apply.
1.
2.
3.
4.
5.
6.
Ordinance No. 05-0509-94, Interim Critical Areas Ordinance.
Ordinance No.1 0-11 04-96, Stonnwater Management Ordinance
Ordinance No. 04-0526-92, Subdivision Ordinance, as amended by this Ordinance
Chapter 246-272 WAC, On-Site Sewage Systems
Shoreline Management Master Program
Ordinance No. 01-0121-97, Forest Lands Ordinance, as amended by this Ordinance (sèe
section 3.106) to limit agreements pursuant to section 7.20(1) of the Forest Lands
Ordinance so that when a new structure is proposed on land adjacent to land designated
as Commercial Forest Land, in no case shall an agreement be made which allows the
setback to be reduced to less than 150' and, further, a minimum average setback of200'
shall be maintained, exclusive of critical areas and their associated setbacks.
All local and state monitoring, operational, and management requirements for sewer,
water, and stonnwater utilities, updated as may be required by the local or state agency
with jurisdiction.
Ordinance No. 04-0828-98, Land Use Procedures Ordinance.
7.
8.
Section 1.50 Qualified Lead Planner: The Director of the Department of Community
Development shall appoint a qualified planner to serve as the lead planner for the Port Ludlow
. Master Planned Resort community. The lead planner shall review or coordinate review of all
land use applications within the MPR boundaries, and shall serve as the initial'point of contact
for citizens seeking infonnation on development proposals or planning issues in the community.
Section 1.60 Public Notice Roster: The Department of Community Development shall
establish and maintain a public notiCe roster which shall be used to provide notice of land use
applications within the MPR boundaries. The Port Ludlow MPR roster shall supplement any
other list of names or addresses to which the department provides public notice infonnation.
Any person or organization may request to be added to the roster at any time.
Page 5 of 26
4.
5.
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J.ff.~lon County. WA POPE RESOURCES
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08/04/2000 11 :40A
RESO 698 . 0Ø
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance /0-/2/4-98 and adopting new development
regulations for the Pon Ludlow Planned Reson
SECTION 2
SCOPE OF REGULATIONS
Section 2,10 Applicability, The provisions of this Ordinance shall apply to all land, all
associated water areas and all uses and structures within the boundary of the Master Planned
Resort of Port Ludlow as depicted on the official land use map for Jefferson County,
Washington.
Section 2.20 Compliance With Reeulations Required. No structure shall hereafter be erected
and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or
structure be used, or arranged to be used for any purpose other than that which is included
among the Uses listed in the following chapters as pennitted in the zoning district in which the
structure or land is located, nor shall any land or structure be used in any manner contrary to any
other requirement specified in this Ordinance.
Section 2.30 Exemptions. The following structures and uses shall be exempt from the
regulations of this Ordinance, but are subject to all other applicable Local, State and Federal
regulations including, but not limited to, the County Building Ordinance, Interim Critical Areas
Ordinance, the Shoreline Management Master Program, and the State Environmental Policy Act
(SEPA).
L
Wires, cables, conduits, vaults, pipes, mains, valves, tanks, or other similar equipment
for the distribution to consumers of telephone or other communications, electricity, gas,
or water or the collection of sewage, or surface or subsurface water operated or
maintained by a governmental entity or a public or private utility or other County
franchised utilities including customary meter pedestals, telephone pedestals, distribution
transformers and temporary utility facilities required during building construction,
whether any such facility is located underground, or above ground; but only when such
facilities are located in a street right-of-way or in an easement. This exemption shall not
include above-ground electrical substations, sewage pump stations or treatment plants, or
potable water storage tanks or facilities, which shall require conditional use approval in
any zone where pennitted. ,
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad
right-of-way, and maintenance and repair work on such facilities and equipment.
Telephone booths and pedestals, underground utility equipment, mailboxes, bus shelters,
infonnational kiosks, public bicycle shelters, or similar Structure or device which is
found by the Director of Community Development is obviously intended to be
appropriately located in the public interest.
Agricultural buildings used to house livestock, store feed or fann equipment.
Minor construction activities, as defined by the DBC, Section 106.2 and structures
2.
3.
Page 6 of 26
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J.".rlon County, WA ~O~E 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 ¡he Port Ludlow Planned Resort
6.
exempt under Jefferson County Building Code Ordinance #03-0713-98 as amended.
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 compatibility with the
surrounding area.
Section 2.40 Nonconforminl! Uses: Existing legal non-residential uses are valid land uses in
all zones of the Master Planned Resort and shall comply with Comprehensive Plan policies LNP
8.l-8.ll on non-conforming uses.
Section 2,50 Nonconformine: Structures: Existing legal nonconforming structures damaged
or destroyed'by fire, earthquake, explosion, wind, flood, or other calamity may be completely'
restored or reconstructed if all of the following criteria are met: '
I. The restoration and reconstruction shall not serve to extend or increase the
nonconformity of the original structure.
The reconstruction or restoration shall, to the extent reasonably possible, retain the same
general architectural style as the original destroyed structure, or an architectural style that
more closely reflects the character of the surrounding neighborhood.
Permits shall be applied for within one (1) year of the damage. Restoration shall be
substantially complete within two (2) years of permit issuance.
Expansions or substantial modifications to rebuilt nonconforming structures shall comply
with current regulations and codes, except that an existing nonconformity regarding the
amount of impervious surface on a site may be maintained.
2.
3.
4.
Section 2,60 Community Associations and Facilities: The Ludlow Maintenance Commission,
lnc. (LMC) and the South Bay Community Association (SBCA) are recognized as existing
organizations with facilities including, but not limited to, club houses, parking areas, recreation
, vehicle parking, recreational facilities, and parks and trails located in the MPR. LMC and
SBCA facilities are separate from and not part of the Resort, as defined in section 3.90.
Expansions, modifications, or changes to these separate LMC and SBCA facilities and uses are
allowed, consistent with the provisions of this code, and exclusive of the limitations imposed by
section 3.90. '
SECTION 3
PORT LUDLOW MASTER PLANNED RESORT ZONING DISTRJCTS
SECTION 3,10 SINGLE FAMILY ZONE (MPR-SF)
Section 3,101 Puroose: This zone recognizes, maintains and promotes single family
residential areas within the MPR, and provides opportunities for reasonably priced housing.
Page 7 of 26
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Jeffer.on County, WA POPE RESOURCES
II 43e974
Page: 78 of 541
08/04/200011:40A
RESO 5911.00
OROI:\A.'\CE NO. 08-1004-99 repealing the interim development controls of Ordinance /0-/214-98 and adopting new development
regulations for ¡he Pon Ludlow Planned Reson
Section 3.102 Permitted Uses. Lot Size and Densitv: The following uses, lot sizes, and
densities are pennined within the MPR-SF zone:
1. Single family detached dwelling illlits.
2. Home-based business.
3. Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting the residential environment, when cl~arly subordinate and
supplemental to a permitted use.
T rails, parks, open space and playgrounds approved through a planing or development
review process.
Minimwn lot areas of 5,000 square feet approved through a planing process and not to
exceed a gross density of four (4) dwelling llilits per acre. Existing subdivisions shall not
be further subdivided. ,
4.
5.
Section 3,103 Conditional Uses. Lot Size and Densitv: The following uses, lot sizes, and
densities are permitted conditionally in the MPR-SF zone:
1. Trails, parks, open space and playgrounds if not part of a planing or development review
process.
Minimwn lot areas of3,500 square feet if approved through a planing process and not to
exceed a gross density of four (4) dwelling units per acre. Existing subdivisions shall not
be further subdivided.
Single family anached dwelling illlits including duplexes, triplexes and fowplexes as part
of a new subdivision, not to exceed a gross density of four (4) dwelling wùts per acre.
Setbacks and impervious surface limits shall apply to the total lot or development parcel,
not to the land allocated to any individual attached unit. For purposes of this Ordinance,
"single family attached" shall mean a townhouse style or side-by-side development, not
stacked units.
Fire stations; provided that existing fire stations are allowed a one time expansion of up
to 30% in the size of the building footprint without going through a conditional use,
process.
Above-ground electrical substations, sewage pump stations or treatment plants, and
potable water storage tanks or facilities.
2.
3.
4.
5.
Section 3,104 Hei!!ht Restrictions: No building or structure shall be erected, enlarged or
strucrurally modified to exceed 35 feet in height.
Section 3.105 Bulk and Dimensional Requirements: Bulk and dimensional requirements
shall be as provided in Table MPR-SF below. For projects proposing single family attached
units, the requirements shall apply to the total lot, not to the land allocated to any individual
attached unit.
Page 8 of 26
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11435974
Pa"., 79 of 1341
ØS/Ø4/2ØØØ 11 ,40A
RESO 69S. 0Ø
J.ff.rlon County, WA POPE RESOURCES
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-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' 45%
DU/AC
4 3,500 sq. ft. 40' 20' 5' 5' 2,250 square feet
DU/AC Conditional for any lot less
Use required than 5000 sq. ft.
In size
Section 3,106 Commercial Forest Land Buffers: New developments on property located
adjacent to lands designated Commercial Forest are subject to the requirements of the County's
Forest Lands Ordinance No. 01-0121-97. Section 7.20(1) of the Forest Lands Ordinance allows
modification of the standard 250' setback from adjacent commercial forest lands. Within the MPR-
SF zone, the following limitations shall apply to any agreement to modify the standard buffer or
setback requirement for development adjacent to Commercial Forest land.
1. An average setback of at least 200' shall be maintained.
2. Critical areas and critical area setbacks or buffers shall not be included in the calculation
or areas used to establish the 200' average setback distance.
A minimum setback of 150' shall be maintained.
Natural vegetation and forested areas shall be maintained in a native state, but may be
managed to ensure healthy reforestation and avoid hazards to life or property.
The boundaries of the buffer or setback area shall be visibly marked during and
following development.
When established through a platting process, the buffer or setback area shall be
designated on the face of the plat as a separate open space tract.
3.
4.
5.
6.
3.107 Accessory Dwelline Units Prohibited: Accessory dwelling units sh~ll not be allowed in
the MPR-SF zone.
3.108 Conceptual Site Plan ReQuirement: Prior to preliminary plat approval in the south area
designated on the Comprehensive Plan Land Use Map as requiring a "conceptual site plan," a plan
shall be submitted to the Department of Community Development showing a concept for
development of the entire south area. The conceptual site plan shall illustrate at least one
development option for the entire south area and shall at a minimum address required buffers, road
layout, and potential phasing.
SECTION 3,20 SINGLE F AMIL Y TRACT ZONE (MPR-SFT)
Section 3,201 Purpose: This zone recognizes, maintains and promotes larger, single family
Page 9 of 26
11111/1111111111111111111111111111111111111111111111 ~,~~~.~ ~¡~
J8"8rlon County, WA POPE "ESOU"CES RESO 698.00'
ORDINANCE NO. 08-1004-99 repealing the interim development controls ofOrdinanee 10-/214-98 and adopting new development
regulations for the POrt Ludlow PlaJlned Resort
residential tracts within the MPR.
3.
Section 3,202 Permitted Uses: The following uses are permitted within the MPR-SFT zone:
1. Single family detached dwelling units.
2. Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting the residential environment, when clearly subordinate and
supplemental to a permitted use.
Accessory buildings, such as barns, stables and similar structures, when clearly subordinate
and supplemental to a permitted use.
Home-based business.
Trails, parks, open space and playgrounds approved through a platting or development
. .
reVIew process. .
4.
5.
2.
Section 3,203 Conditional Uses: The following uses are permitted conditionally within the MPR-
8FT zone:
1. Trails, parks, open space and playgrounds if notþart of a platting or development review
process.
Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water storage tanks or facilities.
Section 3,204 Heil!ht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height.
Section 3.205 Bulk and Dimensional ReQuirements: Bulk and dimensional requirements shall
be as provided in Table MPR-SFT below.
TABLE MPR-SFT
Maximum
Minimum Minimum Front Yard Side Yard Rear Yard Impervious
Density Lot Area Lot Width Setback Setback Setback Surface
1 DU/2.5 2.5AC 100' 25' 25' 25' 20%
AC
Section 3,206 Accessory Dwelling Units Prohibited: Accessory dwelling units shall not be
allowed in the MPR-SFT zone.
Page 10 of 26
111111111111 '1111'1 11111 \\,~ 11111'1111 II' 111111 'II 1111 ::~~~1~~
E ESOURCE6 RE60 698 . øø
Jefferlan Caunty, WA POP R
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance /0-12/4-98 and adopting new development
regulations for the Port 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 lUlits.
Section 3.302 Permitted Uses: The following uses are permitted within the MPR-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 buildings, pools, and
recreation buildings supporting the residential environment, when clearly subordinate
and supplemental to a permitted use.
Home~based business.
Trails, parks, open space and playgrounds approved through a platting or development'
reVIew process.
Single family attached (townhouse style) or detached dwelling units.
4.
5.
6.
Section 3,303 Conditional Uses: The following uses are permitted conditionally in the MPR-MF
zone:
1.
Trails, parks, open space and playgrolUlds if not part of a platting or development review
process.
Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water tanks or storage facilities.
2.
Section 3,304 Heieht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height as measured by DBC standards.
Section 3,305 Bulk and Dimensional Requirements: Bulk and dimensional requirements shall
be as provided in Table MPR-MF below. Single family residential uses are subject to the
requirements of section 3.10; provided that conditional use approval shall not be required for single
family attached development.
Density Minimum Minimwn Front Side Rear Maximwn
Lot Area Lot Yard Yard Yard Impervious
Width Setback' Setback Setback Coverage
10 DUlAC N/A N/A DBC DEC DBC 55%
TABLE MPR-MF
SECTION 3.40 RESORT COMPLEx/COMMUNITY FACILITIES ZONE (MPR-RC/CF)
Section 3.401 Purpose: The MPR-RC/CF zone provides amenities and services associated with a
resort and the surrounding community, and supports existing residential uses. Uses allowed in the
Page II of 26
II II 111111 111111 1111 114359
Pa..: B2 g
0B/04/200Ø
J.".rlgn County, WA POPE RESOURCES RESO 69B.
ORDI"'-,.\NCE NO. 08-1004-99 repealing the interim dev<:lopment controls of Ordinance 10-/2/4-98 and adopting new deveJopm<:nt
regulations for the Port Ludlow Planned Resort
RCICF 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 permitted within the MPR-
RCICF zone. Within the resort area, for resort facilities only, the uses set forth below are further
described and limited by the Resort Plan, as set forth in section 3.901.
RC/CF USE CHART
USES RC/CF RCICF
Resort Area Kehele Pa
Hotels (Ifill) and appropriate associated uses
Conference CenterfBanquet Facility
Parks and Trails as part of a platting or development review
process
Recreation Center/ Club/ Yacht Club
Re staurant/Lo unge/Bar
Marina
Seaplane Dock C
Helipad for Medical Emergencies Only C
Resort Related Retail Use
LibrarylMuseum
Interpretive and Informational Kiosks
Community Organization Activity Facilities, e.g. LMC Beach club
and R V storage properties
Multifamily and Single Family Residential Structures (10 du/ac)
Tennis Courts (indoor or outdoor)
Amphitheater
CHART INTERPRETATION: a means a use is permitted;
"C" means conditional use approval is required.
3,403 Non-Resort Uses and Properties: Those non-resort controlled uses and activities whic
currently exist within the RC/CF zone are recognized as valid uses and activities and may continue
expand, or change in accordance with the provisions of this ordinance. These non-resort uses
activities, and properties are not regulated by the provisions for the Resort Plan as set forth i
section 3.90.
Page 12 of 26
I
74
, 641
11 :40R
00
rk
h
n
11111\\ 11111111111\ \111\ III 1111\ 1111111111111\111\ \111 ~~'~~~1~:"
J8"8rlOn County, WR POPE RESOURCES RESO 598,00
ORDINANCE NO. 08-1004.99 repealing the interim development controls of Ordinance /0./214-98 and adopting new development
n:gulations for the Pon Ludlow Planned Resort
Section 3.404 Heil!ht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by DBC
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 measured by DBC
standards when the Jefferson County Fire District (#3) finds that fire-fighting and life safety issues
have been adequately addressed.
Section 3.405 Bulk and Dimensional ReQuirements: Bulk and dimensional requirements for
commercial uses in the MPR-RC/CF zone are contained in the table below. Single family residential
uses are subj ect to the requirements of section 3.10; provided that conditional use approval shall not
be required for single family attached development. Multi-family uses and structures are subject
to the requirements of section 3.30. '
TABLE MPR-RC/CF
Density Minimum Minimum Front Yard Side Yard Rear Yard Maximum Impervious
Lot Area Lot Width Setback Setback Setback Coverage
N/A N/A N/A DBC UBC UBC 50%
SECTION 3,50 VILLAGE COMMERCIAL CENTER ZONE (MPR-VC)
Section 3,501 Purpose: The MPR- VC zone provides retail and commercial uses and other services
to meet the needs of resort visitors and commw1Íty residents. In addition to retail and commercial
uses or services, other uses such as government or community offices and facilities, long-term care
facilities, residential uses, and visitor services are pennitted within this zone.
Section 3.502 Permitted Uses: The following uses are permitted in the MPR-VC zone:
MPR-VC PERMITTED USES
RET AIL SERVICES OTHER
Bank and Financial Travel Consultant Art Gallery
Institutions
Variety Stores Dry Cleaner/ Laundry Theater '
Grocery Stores Barber and Beauty Shops Post Office
Hardware Stores Genera1IBusiness Offices Recycling Drop-off Facility
Pharmacy and Drug Stores Professional Offices Library
Liquor Stores (state) Real Estate M useurn
Personal Medical Supply Day Care Center Community Center
Stores
Florist Shops Clinics (Medical, Dental, Police Facility
Mental Health, Chiropractic)
Specialty Food Stores Social Services Fire Station
Page 13 of 26
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Jerrerlon County, WR POPE RESOURCES RESO 598.00
ORDINANCE NO. 08-1004-99 repealing the interim development eontrols of Ordinance 10-1]14-98 and adopting new development
regulations for the Port Ludlow Planned Resort
RET AIL SERVICES OTHER
Sporting Goods and Related Miscellaneous Health Park
Stores
Book and Stationary Stores Home Health/Home Care Indoor Tennis Facility
Jewelry Stores Vehicle Repair and Gas
Station
Photographic and Electronics Car Wash
Shops
Computer, Office Equipment Transportation Service RESIDENTIAL
and Related Sales
Music Stor~s Utility Purveyor
om cesM ul ti - fami! y
dwellings
Fanners Market Public Agency or Utility Assisted Living, Congregate
Offices Care Facilities
Interior Decorating Shop Mailing/Packaging Business Mixed Use: Residential
above first floor commercial
Food Service Establishments Single family, attached or
detached dwelling units
Antique Store
Section 3,503 Conditional Uses: The following uses are permitted conditionally within the MPR-
VC zone:
I. Principal use, above ground, and free standing Parking Structure.
2. Conference Center.
3. Helipad for medical emergencies only.
4. Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water storage tanks or facilities.
Assisted Living, Congregate Care, or Multi-family uses if greater than 35,000 square feet
in gross floor area.
5.
Section 3.504 Heieht 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.
Section 3.505 Bulk and Dimensional Requirements:
1. Multi-family residential development shall be subject to section 3.305 and Table MPR-MF.
2. Single family development shall be subject to section 3.10; provided that conditional use
approval shall not be required for single family attached development.
Page l4 of 26
11111111111111111111111 ~~.~~;,~:"
J.rr.r,on County, WA POPE RESOURCES RESO 698.00
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-/2/4.98 and adopting new development
regulations for the PO" Ludlow Planned Resort
3.
The ma."dmum 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. .
Impervious surface requirements may be met by establishing an open space tract within the
zone, but separate from property proposed to be developed. Such an open space tract shall
be permanently established prior to pennit issuance through a recorded Boundary Line
Adjustment, Short Plat, or Binding Site Plan that identifies the tract and secures the open
space for the life of the associated project.
5.
TABLE MPR-VC
Maximum
Minimum Minimwn Front Yard Side Yard Rear Yard ImpervIous
Density Lot Area Lot Width Setback Setback Setback Coverage
N/A N/A DBC DBC UBC 45%
SECTION 3.60 RECREATION AREA (MPR-RA)
Section 3.601 Purpose: The MPR-RA zone recognizes, maintains, and promotes the existing and
future active recreation activities and areas within the Port Ludlow Master Planned Resort.
Section 3,602 Permitted Uses: The following uses are pennitted within the MPR-RA zone:
1.
2.
3.
4.
5.
Parks and Trails
Golf Shop/Club House/RestaurantlSnack Bar/Lounge
Interpretive Center, and interpretive or directional signage
Golf Course and Related Offices/Maintenance Buildings and Facilities
Indoor and Outdoor Recreation Club, including Indoor and Outdoor Tennis Facilities
Section 3,603 Heig:bt Restrictions. No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by DBC
standards.
Section 3,604 Bulk and Dimensional ReQuirements: The maximwn square foot area for structures
in the MPR-RA zone shall be 20,000 square feet, except for indoor tennis facilities which shall be
no larger than 27 ,300 square feet. .
Page 15 of 26
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J8"8~.on County, WR POPE RESOURCES
II 43S974
Pa1ll8: 88 of 641
08/04/2000 11 :40R
RESO 698.00
ORDINANCE NO. 08-1 004~99 repealing the interim development controls of Ordinance IO~/2 J 4.98 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 Coverage
N/A N/A N/A UBC UBC UBC 4~%
SECTION 3,70 OPEN SPACE RESERVE ZONE (MPR-OSR)
Section 3.701 Pur{Jose: The Open Space Reserve zone preserves in perpetuity and enhances
the natural amenities around Ludlow Bay, the Twin Islands and other natural areas within the
MPR. Uses within the Open Space Reserve shall be low impact and serve to promote or
enhance the .aesthetic qualities of the Master Planned Resort. No residential or conunercial
development shall be permitted in the MPR-OSR Zone. .
Section 3.702 Permitted Uses: The following uses shall be permitted in the MPR-OSR zone:
1.
I. Parks, trails, paths, bridges, benches, shelters, and rest.rooms, with associated
parking.
2. Directional and interpretative signage and kiosks.
Private roads for maintenance and utility access or access to an interpretive center or
equestrian facility.
2.
3.
Section 3,703 Conditional Uses: The following uses shall be permitted conditionally in the
MPR-OSR zone. Any interpretive center, equestrian facility, electrical substation, or water
storage tank. or facility shall be located as near the outer boundaries of the zone as practicable so
as to minimize the need for access roads and other disturbance of the Open Space Reserve.
1.
Man-made water features or enhanced natural water features, such as ponds, wetlands,
wetland buffer enhancements and storm water detention ponds.
Interpretive Center
Equestrian Facility. ,
Above-ground electrical substations, sewage pump stations, and potable water storage.
tanks or facilities.
2.
3.
4.
Section 3,704 Heieht Restriction: No building or structure shall be erected, enlarged or
structurally modified to exceed 25 feet in height, excluding roof projections, as measured by
UBC standards.
Section 3,705 Bulk and Dimensional Requirements: The maximum square foot area per
building allowed shall be 2000 sq. feet. Electrical substations and water storage tanks or
facilities may exceed this cap if approved through the conditional use process,
Page 16 of 26
\ 1\1\\\ \1111 ~\lI'1 \,~\ 11'11 "II 1'1"\ 11'11'\1'\ 'I \\11 ::~~~1;:"
J8ff8rlon County, WR POPE RESOURCES RESO 599.00
ORDIN,\ì'<CE ì'<O. 08-1004-99 repealing the interim development controls of Ordinance /0-/214-98 and adopting new development
regulations for ¡he 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 MPR boundary total
residential dwelling units shall not exceed 2,250. In order to implement this
development cap and allow flexibility within the limits established by the 1993 FEIS, a
measurement and transfer system based on the number of actual residential lots, actual
dwelling units, and equivalent residential units for commercial development has been
established.
Equivalent residential units are measurable and transferable between residential and
commercial uses. This ordinance uses the term "'MERU" or "'Measurement ERU" to
distinguish the meaning and use of the term "'equivalent residential unit" in this code'
from its more common application to water and sewer utility issues. In this code; MERU
and Measurement ERU are defined as set forth in section 3.803. The terms define the
measurement and transfer mechanism for future development within the MPR
boundaries.
Within the boundaries of the Port Ludlow Master Planned Resort, total development
shall be capped at 2575 Measurement ERUs (MERUs). Actual residential dwelling
units shall not exceed 2,250.
2.
....
,).
3,802 MERU Record: The Department of Community Development shall maintain a
count of MER Us and of residential dwelling units. A system shall be established no later than
60 days from the effective date of this ordinance that provides an up-to-date count of available
MERUs. This system shall maintain a current count, shall be available to the general public for
inspection during regular business hours, and shall be updated as needed to reOect CUfTent usage
and allocations of MERUs. Allocations of MERUs shall be determined according to the
provisions of section 3.803. The Department shall maintain records ofERU and MERU
. allocations and shall maintain a matrix showing allocation of residential and commercial
MERUs.
3,803
1.
MERU Allocation and Assismment: MERUs shall be allocated and assigned as follows:
Each MERU shall be assumed to generate 200 gallons per day (gpd) of sewer wastewater
flow.
Each single family dwelling tmit or recorded, platted lot shall count as one MERU.
Each multi-family dwelling unit shall count as one MERU.
Assisted living, congregate care, and similar facilities shall be assigned an MERU
amount based on the number of bedrooms, beds, and type of care or assistance provided.
Reference shall be made to State Department of Ecology sewer design standards for
single family and multiple family dwellings, nursing homes, and homes for the aged.
Ecology design standards shall be those in place at the time of application for assisted
2.
3.
4.
Page 17 of 26
l~~~JJ~ '~!jll~I'\ll~ \ll~I'I'II\ \111 ~~.~~~;~
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1 Z 14-98 and adopting new development
regulations for the POr1 Ludlow Planned Resor1
5.
living, congregate care or similar uses.
Commercial development shall be assigned an MERU amount based on State Department
of Ecology design standards, as of the effective date of this ordinance.
If a use is proposed that is not called out in this section or is not assigned a flow rate by
the State Department of Ecology, the required gallons per day for a use (and its MERU
allocation) may be assigned based on measurements of actual use or other comparative
process as approved by the Department of Community Development.
Residential lots approved by a preliminary subdivision or preliminary short subdivision
shall be allocated MERUs based on the preliminary subdivision (preliminary plat or
preliminary short plat) approvaL If the preliminary plat or preliminary short plat expires
or is withdrawn before being final ed, the MERU allocation shall revert to unallocated
status. .
If a recorded subdivision is vacated or if platted lots are consolidated through a boundary
line adjustment or otherwise in a manner that precludes development of one or more
residential uses, unusable MERUs shall revert to unallocated status.
6.
7.
8.
3.804 Initial Allocation of Commercial MERUs: Of the total 2575 MERUs allowed within
the MPR, 325 are initially allocated to commercial development. Fifty-five new MERUs are
reserved for the Village Commercial Center. Three new MERUs are reserved for additional
resort commercial development, and 41 are reserved for future expansion of the golf course pro
shop and golf support facilities. All other commercial MERUs (226) are initially allocated to
existing development.
3,805 Initial Allocation of Residential MERUs: Of the total 2575 MERUs allowed within
the MPR boundaries, 2250 are initially allocated to residential development. Existing (built)
residential development accounts for 1064 residential MERUs, platted but undeveloped lots total
727, and lots with preliminary plat approval account for an additional 326. As of the effective
da~e of this ordinance, a total of 133 MERUs remain available (subject to final verification
pursuant to section 3.802) for additional residential development or may be transferred to
support commercial development as set forth in section 3.806.
3.806 MERU Transfer: MERUs initially allocated for residential development may be
transferred to support commercial development. Commercial MERUs may support either
commercial or residential development, provided that commercial MERUs shall not be
transferred to support residential development exceeding the cap of 2,250 dwelling units.
3,807 MERU Allocation Not PropertY Specific: Limitations: MERUs are not assigned to
specific properties, with the following limitations:
1. Developed properties, platted properties, properties with approved preliminary plats, and
properties with issued or vested building pennits shall have, maintain and carry forward
Page l8 of 26
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J.rr.rlon Co~ntv WA POPE RESOURCES RESO S98.00
ORDINANCE NO. 08~ 1004-99 repealing the interim development controls of Ordinance /0-/21./.98 and adopting new development
regulations for the Port Ludlow Planned Resort
2.
....
-'.
4.
5.
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.
The Village Commercial Center zone shall have an initial allocation of 55 new MERUs.
The Resort Complex/Community Facilities zone shall have an initial allocation of 3 new
MERUs on the resort property.
The Recreation Area zone (golf course pro shop and golf support facilities) shall have an
initial allocation of 41 new MERU s.
All remaining MERUs and any MERUs that revert to unallocated status pursuant to
sections 3.803(7) or (8), are available for future residential or commercial development,
with no limitation, assignment or reservation.
This allocation of MERUs shall be updated by the Department of Community
Development as set forth in section 3.802.
6.
SECTION 3,90 RESORT DEVELOPMENT
This section describes the "Resort Plan" for facilities to be located in the Resort
Complex/Community Facilities zone, sets out a required environmental review process for any
future resort development, and provides processes for reviewing major or minor revisions to the
Resort Plan.. These provisions apply to the resort and associated development whether on resort
owned property or on other property. These provisions do not apply to any future development
proposed solely by and for the LMC, SBCA, or any other community association.
Section 3,901 Resort Plan: The Resort Plan for future development of properties in the MPR-
RC/CF zone shall be limited and shall not exceed the scope of development set forth below and
shall include no uses except those set forth below, unless a major revision is approved (see
section 3.905). Changes to this Resort Plan that decrease the sizes noted below are allowed. As
of the effective date of this ordinance, the Resort Plan shall be as set forth herein.
1. Gross square feet of resort development: 498,300.
2. Hotel Guest Rooms: 275
3. Restaurants - total square feet: 59,000
One 200 seat year round restaurant
One 125 seat seasonal restaurant (near marina)
Also includes hotel lobby and registration area,
Spa area, kitchens, offices and storage rooms.
Lounge, one year round, 125 seats, square feet: 5,000
Resort retail square feet: 2,500
Plus associated storage square feet: 1,400
Conference Center, associated with and physically
part of Hotel buildings, squar~ feet: 22,000
Plus support areas and storage square feet 8,000
4.
5.
6.
Page 19 of 26
111111111/1111111111111111111 ~,5..9,~ ~1
Jetter,on County WR POPE RESOURCES 08/04/200011;40R
, RESO 698 " 00
ORDI:-.iA:-.iCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-12/4-98 and adopting new development
regulations for the Port Ludlow Planned Resort
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Indoor tennis courts, square feet:
Indoor sports and pool complex, square feet:
StructuredlundergrOlmd parking, square feet:
Museum or Interpretive Center, square feet:
Support Buildings, square feet:
(Maintenance, Warehousing, Housekeeping)
Youth Center, square feet:
Marina expansion, slips:
Amphitheater.
Yacht Club.
Four detached single family residences and one five-unit townhome structure, provided
that these structures are not included in or limited by the gross square feet of
development for the Resort Plan noted in 3.901 (1) above. ,
All existing townhomes, provided that these structures are not included in or limited by
the gross square feet of development for the Resort Plan noted in 3.901(1).
17.
26,000
13,500
119,000
7,500
12,000
4,000
100 slips.
Building heights and impervious surface limits shall apply as set forth in section 3.40. Surface
parking in addition to the structured or undergroWld parking noted above may be provided.
Miscellaneous support areas including laundry facilities and administrative offices may be
included, but shall not increase the gross square footage for the resort complex, except that the
minor revision process may be used to pennit these facilities with up to a 5% increase in gross
square footage.
Section 3,902 Permit Process for Resort Develovment:
I. A project level Supplemental Environmental Impact Statement (SEIS) analyzing the
resort plan is required prior to issuance of building pennits for any new resort
development. Environmental review of the Resort Plan shall not be piecemealed or
broken into small segments. The applicant may choose to develop a new Environmental
Impact Statement rather than a Supplement.
Notice of application for environmental review of the Resort Plan shall be provided to all
persons on the Port Ludlow MPR Roster established by the Department pursuant to
section 1.60, as well as to any other persons or agencies entitled to notice pursuant to the
County's Procedures Ordinance.
Actual building pennit plans or construction drawings are not required during the SEIS
process. Architectural drawings including a detailed site plan, and architectural sketches
or drawings showing approximate elevations, sections, and floor plans are required,
however, to ensure that the SEIS considers project-level details,
The Department of Community Development may impose mitigating conditions or issue
a denial of some or all of the Resort Plan based on the environmental review and using
authority provided pursuant to the State Environmental Policy Act, RCW 43.21C. A
2.
3.
4.
Page 20 of 26
1111111111111111111111 ~~4~:~1~¡,"
J.ff.r8on County, WA ~O~E RESOURCES RESO 691.0e
ORDINANCE NO. 08-1004-99 rcpcaling thc intcrim development controls orOrdinancc 10-/2/4-98 and adopting ncw dcvclopmcnt
rcgulations for thc Port Ludlow Planncd Rcsort
5.
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 examiner. .
Following completion of the SEIS and the Department report on the Resort Plan,
building pennits may be issued, following appropriate plan review, for projects analyzed
in the SEIS. If the Department report is appealed, no pennits shall be issued until the
administrative appeal is resolved.
Actual resort development may be undertaken in phases, but only following completion
of review and approval of a full resort buildout plan through the SEIS process. A
phasing schedule may be proposed as part of the environmental review or may be
developed at a later date.. -
In conjunction with the environmental review process, the Department shall calculate the
total MERUs needed to support the Resort Plan. This calculation shall also establish the
Net New MERUs needed for resort development. These Net New MERUs shall be
transferred from those initially allocated pursuant to section 3.805 to new residential
development on the resort property, and shall be removed from the count of available
MERUs for as long as the resort use or its development rights exist.
6.
7.
Section 3.903 Requirement to vacate or withdraw existin!! or vested residential
development ri!!hts. Concurrent with issuance of any permit for new resort development, any
existing, pending, or vested development rights for projects or parts or phases of projects that:
1) have not been developed, and
2) are located in the RC/CF zone, and
3) are not included in the described Resort Plan
shall be withdrawn, vacated or otherwise permanently released. For any subdivision that has
been approved and recorded, but only partially developed, a plat alteration shall be applied for
- and processed as set forth in state law and in applicable county ordinances. N<:>thing in this
ordinance is intended to affect the process or the specific outcome of any application for such a
plat alteration.
Section 3,904 Environmental Review for Resort Plan Development:
1. Detailed environmental review for future resort development shall be required pursuant
to RCW 43.2l C.031 and the State Environmental Policy Act (SEP A) Rules of WAC
197-11. A project level Supplement to the Port Ludlow Development Program EIS
(finaled April 1993) shall be prepared, or a new stand-alone EIS may be prepared. Prior
to defining the scope of the document, a public scoping hearing shall be held.
The scope of the SEIS or EIS shall include, but not be limited to, the following elements:
a. Earth, including grading, erosion control, and dredging;
2.
Page 21 of 26
IIII mill III m 1111111 ::¡~~~,;¡"
Jerrer.on County, WA POPE RESOURCES RESO 698.00
ORDINA:"iCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-111-1-98 and adopting new development
regulations for the Port Ludlow Planned Resort
3.
4.
5.
3.905
1.
2.
b.
Water, including runoff and water quality issues, including those associated with
marina expansion, and public water supply;
Plants and Animals, including impacts on fish and wildlife migration and
threatened or endangered species;
Land and Shoreline Use, including relationship to existing land use plans and
estimated population, housing, light and glare, aesthetics, noise with respect to
potential amphitheater uses, recreation, and historic and cultural preservation;
Transportation, including trip generation, traffic congestion, traffic systems,
vehicle and pedestrian hazards, parking and spill-over parking; and
Public services and utilities, including water, storm water, sewer, and fire (as may
be related to building heights in excess of35').
The land Use element of the document (see 2D above) shall provide information about
expected occupancy rates, size of conferences (expected attendance), any possibiiities for
expanded conference center use of resort facilities such as the indoor tennis courts, as
well as possible conference center use of other community facilities or privately owned
properties.
The Utility element (see 2F above) shall review information on all affected utility
systems, including sewer and water systems monitoring. The effectiveness of such
monitoring shall be evaluated. Supplements or changes to the monitoring and reporting
systems shall be considered if necessary to ensure that water quality and water supply
are adequately protected and impacts to natural resources minimized.
This preliminary scope is based on the described Resort Plan. Use of the tenn
"induding" shall mean "including but not limited to." Other elements, issues, and
specific levels of detail may be included based on information available at the time the
Resort Plan development application is submitted. Elements noted above may be
combined in the EIS analysis to reduce duplication and narrow the focus on potentially
significant adverse impacts.
c.
d.
e.
f.
Revisions to Resort Plan:
Any proposed changes to the MPR boundary or zone changes within the MPR shall
require a Comprehensive Plan amendment and related zoning action. Such changes are
outside the scope of the Revision processes described below and in sections 3.906 and .
3.907. The County may approve an amendment to the Comprehensive Plan only if all
requirements of the Growth Management Act (RCW 36.70A) are fulfilled
The County shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the
County for approval prior to the acceptance of any proposal that is inconsistent with the
Resort Plans set forth in this ordinance. Upon approval of a revision, all subsequent
development proposals shall be consistent with the revised Resort Plan and development
regulations.
Page 22 of 26
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J.".rlon County, WR POPE RESOURCES RESO 698.00
ORDINANCE NO. 08-1004-99 repealing the interim development conu-ols of Or dinan co: /0-/2/.1-98 and adopling new development
~gulations for the Port Ludlow Planned Resort
3.
Section 3,906 Major Revisions: Revisions to the Resort Plan that will result in a substantial
change to the resortincluding: changes in use, increase in the intensity of use, or in the size,
scale, or density of development; or changes which may have a substantial impact on the
environment beyond those reviewed in previous envirorunental docwnents, are considered to be
major revisions and will require application for a revised Resort Plan.
1. Application for a Major Revision to the Resort Plan.
An application shall be prepared describing the proposed revision in relation to the
approved Resort Plan and providing a framework for review, analysis and mitigation of.
the revised development activity proposed. The Resort Plan revision proposal shall
include the following infonnation: .
a. A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan.
A description of how the Resort Plan revision complements the existing resort
facilities of the MPR.
A description of the design and functional features of the Resort Plan revision,
setting out how the revision provides for unified development, integrated site
design and protection of natural amenities.
A listing of proposed additional uses and/or proposed changes to density and
intensity of uses within the resort, and a discussion of how these changes meet the
needs of residents of the MPR and patrons of the resort.
A description and analysis of the envirorunental impacts associated with the
proposed revision, including an analysis of the cwnulative impacts of both the
proposed revision and the approved Resort Plan, and their effects on surrounding
properties and/or public facilities.
A description of how the proposed Resort Plan revision is integrated with the
overall MPR and any features, such as connections to trail systems, natural
systems or greenbelts, that have been established to retain and enhance the
character of the resort and the overall MPR.
A description of the intended phasing of development projects.
Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development, its facilities and services, and the protection of critical areas.
A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands, including but not
Proposed revisions to the Resort Plan shall be submitted to the Department of
Community Development and the DCD Director will detennine whether the proposal
constitutes a major or minor revision. Upon making a detennination, the proposed
revision shall follow the appropriate process for plan revisions as outlined in Sections
3.906 or 3.907.
b.
c.
d.
e.
f.
g.
h.
1.
Page 23 of 26
~ 11111111111111111111 :~~~~~1~:"
J.ff.rlon County, WR POPE RESOURCES RESO 598.00
ORDINA:-.ICE NO. 08-1004-99 repealing the interim development controls of Ordinance /0-/114-98 and adopting new development
regulations for the Port Ludlow Planned Resort
2.
3.
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.
Major Revision Process
Major Revisions shall be processed as a hearing examiner decision (Type B), with a
required public hearing prior to the decision. Public notice of the application, the written
decision, and appeal opportunities shall be provided to all persons on the Port Ludlow
MPR Roster (see section 1.60) and such other persons or agencies as required by the
COilllty Procedures Ordinance. Any proposed major revision involving a change to the
boillldaries of the RC/CF zone shall require a Comprehensive Plan amendment (a Type C
county commissioners decision) prior to any decision on the Resort Plan amendment.
Decision Cnt"eria: The hearing examiner may approve a major revision to the Resort
Plan only if all the following criteria are met: .
a. The proposed revision would further the goals and policies set forth in the
Comprehensive Plan. .
No unmitigated significant adverse environmental impacts would be created by
the proposed revision.
The revision is consistent with all applicable development regulations, including
those established for critical areas.
On-site and off-site infrastructure (including but not limited to water, sewer,
stann water and transportation facilities) impacts have been fully considered and
mitigated.
The proposed revision complements the existing resort facilities, meets the needs
of residents and patrons, and provides for unified development, integrated site
design, and protection of natural amenities.
b.
c.
d.
e.
Section 3,907 Minor Revisions
1. . Minor Revisions. The County recognizes that the Resort Plan may require minor
changes to facilities and services in response to changing conditions or market demand
and that some degree of flexibility for the resort is needed. Minor revisions are those that
do not result in a substantial change to the intent or purpose of the Resort Plan in effect
and which: .
a. Involve no more than a five percent (5%) increase in the overall gross square
footage of the Resort Plan.
Will not have a significantly greater impact on the environment and/or facilities
than that addressed in the development plan.
Do not alter the boundaries of the approved plan.
Do not propose new uses or uses that modify the recreational nature and intent of
the Resort.
b.
c.
d.
Page 24 of 26
11I11m 1I~lnllllllllllllllll\11I1 ~~¡~~~I;~
Jefferlon County, WR POPE RESOURCES RESO 698.00
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 that satisfy the
above-referenced criteria shall be deemed a minor plan revision and may be
administratively approved (as a Type A decision under the county's Procedures
Ordinance) by the Director of the Department of Community Development. Public
notice of the application, the written decision, and appeal opportunities shall be provided
to all persons on the Port Ludlow MPR Roster (see section 1.60) and such other persons
or agencies as required by the County Procedures Ordinance. Those revisions that do
not comply with the provisions contained within this Section shall be deemed a major
revision, subject to the provisions outlined in Section 3.906 above.
SECTION 4
SEVERABILITY
Severability: If any section, subsection, or other portion of this Ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection,
or portion thereof shall be deemed a separate portion of this ordinance and such holding shall not
affect the validity of the remaining portions of this Ordinance.
SECTION 5
REPEALER
Repealer: Effective immediately upon its adoption, this Ordinance repeals and replaces
Ordinance No, 10-1214-98,
SECTION 6
EFFECTIVE PERIOD
Effective Period: This ordinance shall become effective on the 4th day of October, 1999,
Page 25 of 26
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J.".rlon County, WA POPE RESOURCES RESO ~9a.øø
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 7
ADOPTION
Adopted by the Jefferson County Board of Commissioners this 4th day of
October, 1999.
APPROVED AS TO FORM:
rIO~ OW, ae
DB{J\¡'\ ~ Prosecuting Atto~
Page 26 of 26
LC ~ PC:' (1O11a\q~
£(\V, \-kcdthj
1111 "" 11111 "1111111 ~:,~~? ~1
J.".rlan County, WA POPE RESOURCES =~~~4/~~~~0~1 :40A
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 operator of the sewer
collection, conveyance and treatment facilities serving the Port Ludlow Master Planned Resort
(MPR) defined in the Jefferson County Comprehensive Plan; and
WHEREAS, the property lies in Jefferson County, Washington and the County has jurisdiction
over the development of property within the Port Ludlow MPR; and
WHEREAS, the County wishes to ensure that sewer service is publicly available on an equitable
basis within the MPR; and
WHEREAS, the County has been engaged in a mediation process involving the resort owners
and other residents and property owners to resolve issues associated with the future development
of the MPR; and '
WHEREAS, OWSI believes that the sewer system within the Port Ludlow MPR has capacity to
serve the population allocated and the level of development authorized in the Jefferson County
Comprehensive Plan.
NOW THEREFORE, in consideration of the above recitals and other good and valuable
consideration, the parties enter into the following Memorandum of Understanding regarding
sewer service. OWSI will continue to use its best management practices to provide quality sewer
service for the benefit of customers within the MPR boundary and to operate and maintain its
wastewater treatment facility at a high standard and in accordance with the requirement of the
Washington State Department of Ecology.
1.
OWSI will provide sewer service only within the established boundary of the
Master Planned Resort or in accordance with applicable provisions of the
Washington Administrative Code.
"
2.
Requests for sewer service will be processed by OWSI on a first come, first
served basis, limited only by the capacity of the OSWI facilities and the
applicable pennits and approvals issued to OWSI.
3.
At time of connection or connections, a property owner within the MPR seeking
sewer service shall pay the then-prevailing connection fee in accordance with the
OWSI fee schedule.
4.
Any sewer connection must comply with the conditions of the NPDES pennit
issued to OWSI by the State Department of Ecology.
IIII mill 11111111 1111 ~~¡~~~1~:"
Jefferlon County, WR POPE RESOURCES RESO 69B.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 tenus and conditions of paragraphs 1 through 5 above are
met.
This memorandum of understanding is binding between the parties, successors and assigns, for a
tenn of (20) years.
AGREED TO THIS
-li ~AY OF OCTOBER, 1999.
OLYMPIC WATER AND SEWER, INC.
~iV!Jf
By pR"S' 4art
Its
JEFFERSON COUNTY
~;tOf~
:::rEf liT'i Prosecuting Attorney ð
JD)12.19~
APPENDIX "B"
51 A TE OF W ASHING10N
County of Jefferson
IN THE MA TIER OF A RESOLUTION
ADOPTING the Jefferson County GrO\1t1.h
Management Act Comprehensive Plan,
all attachments and findings of fact
}
} Resolution No.
}
}
72-98
VlHEREAS. the Gro\1t1.h Management Act, Chapter 36.70A RCW (hereinafter the GMA)
requires Jefferson County (hereinafter the County) to adopt a comprehensive land use
plan in accordance with the GÑ[A., including all attachments, and adopt findings of -fact;
and
WHEREAS, the Jefferson County Board of Commissioners has detennined that adoption
of the Jefferson County Comprehensive Land Use Plan is in the public interest, protects
the public . heal th, safety and welfare, and complies \1tith the Growth Management Act;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS by the Board of Jefferson
County Commissioners:
Section 1. The June, 1979, Jefferson County Comprehensive Land Use Plan is
hereby repealed.
Section 2. The 1998 Comprehensive plan as shovm in exhibit "A", attached
heretO and incorporated herein by reference is hereby adopted pursuant to the
GroVrü" Management Act, Chapter 36.70A.
Section 3. The 1998 Comprehensive Land Use Plan shall govern all planning in
Jefferson County. \\!here any conflicts may arise between the 1998
Comprehensive Land Use Plan and existing County rules, regulations, policy or
ordinances, the 1998 Comprehensive Plan shall prevail.
Section 4. In order to provide continuity in implementation of the Comprehensive
Plan, the County hereby incorporates by reference the Interim Controls passed on
August 28, 1998, which shall be used to implement the Comprehensive Plan as
adopted by this ordinance until such time as the County adopts final development
regulations. The Comprehensive Plan as adopted by this ordinance shall govern
in the event inconsistencies occur between the Plan and existing or interim
development regulations.
Section 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 circwnstances shall not be affected.
\ III 1'111 IIII I 11\ II III" IIII 11\ ;~:r~;:~
J.".rlon County, WA POPE RESOURCES
111111111111111111 1111 ~:.~~~ ~:¡,
Je"erlon County, WA POPE RESOURCES RESa 698.00
S«t.iOI:l 6. The effective date of this ~Iution shalI be August 28, 1998.
PASSED this
~
R--g - day of
SEAL:
ATTEST
Lorna Delaney, Clerk of the Board
/J-uðLNJf
. 1998
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
2
1111\\\ 11\\\ 1111111 1111\ \\~\ 11\\ 11111\ III IIIII II1I 111\ ~~~~~;~:~
J.".rlon Counly, WA POPE RESOURCES
STATE OF WASHINGTON
COUNTY OF JEFFERSON COUNTY
Findings of Fact in support of the .Jeffenon County Comprehensive Plan adopted
August 28, 1998.
In support of adopting the Jefferson County Comprehensive Plan. the land Use Map and the
Elements contained therein, the Jefferson Count)' Board of County Commissioners enters the
following tindings of fact;
I. Pursuant to RCW 36. 70A.0 I 0: "The State Legislature tinds that uncoordinated and unplanned
growth. together with a lack of common goals expressing the public's interest in the
conservation and the wise use of our lands, pose a threat to the environment. sustainable
economic development, and the health, safety and high quality of life enjoyed by residents of
this state. It is in the public interest that citizens, communities, local governments, and the
private sector cooperate and coordinate with one another in comprehensive land use
planning."
"' The Washington State Legislature adopted the Washington State Growth Management Act of
1990 and amendments thereto, Chapter 36. 70A. RCW, (the "Act"), requiring selected
counties and cities to prepare comprehensive plans consistent with the provisions of the Act.
3.
The Growth Management Act, Chapter 36. 70A RCW (hereinafter the "GMA" or the "Act")
requires Jefferson County (hereinafter "the County") to adopt a comprehensive land use plan
which will accommodate the next 20 years of population growth in a manner consistent with
the requirements of the GMA and which will facilitate the orderly and coordinated growth
and development of the County.
4. As required under the Act (Chapter 36. 70A.21 0 RCW), and to ensure coordination and
consistency between the comprehensive plans of Jefferson County and the City of Port
Townsend, the County participated in the preparation and adoption of the County-wide
Planning Policy for Jefferson County (City Resolution No. 92-112 and County Resolution
No. 128-92, both dated December 21, 1992).
5. Throughout the County's planning process, the County-wide Planning Policy for Jefferson
County has been used as a policy guide for the development of the Jefferson County
Comprehensive Plan.
6. Jefferson County adopted an Interim Critical Areas Ordinance (Ordinance No. 05-0509-94 on
May 9. 1994 and amended by Ordinance No. 14-0626.95. adopted on June 26. 1995, an
Interim Agricultural Lands Ordinance (Ordinance No.08.0525-95. adopted on May 25,
1995). and an Interim Mineral Lands Ordinance (Ordinance No. 09-0525-95, adopted on May
25. 1995) that are in compliance with the GMA requirements contained in RCW 36.70A.060,
RCW 36.70A.170. and the Minimum Guidelines (Chapter 365-190 WAC).
7. Jefferson County adopted an emergency ordinance establishing interim land use controls. the
Interim Growth Strategies Ordinance, Ordinance No. 05.021 ~-96. on February 14. 1996 to
provide development regulations to prevent uncontrolled growth until adoption of the
l~J!~'J~ '~!jll~~I~~ \II~~\II\\\ 1111 ~~¡~~~~~
Cumpreh~n::;iv~ Plan and approval of tinal d~vl:lopment regulations under thc mandate of the
Growth Management Act.
8. Jefferson County has also adopted an Interim Forest lands Ordinance (Ordinance No. 0 I.
0121-97. adopted January 21, 1997) which is based on a ivlemorandum of Understanding (tytOU)
dated December 4, 1996 entered ¡nco and between a number of parties interested in ensuring the
protection ot' Jefferson County's forest lands of long~term significance.
9. The Act, under RCW 36. 70A.140, stipulates that jurisdictions planning under the provisions of
GMA shall establish and broadly disseminate to the public a public participation program
identi(ving procedures providing for early and continuous public participation in the development
and amendment of comprehensive land use plans and development regulations implementing
such plans.
10. Jefferson County embarked upon a public involvement process that exceeds the requirements
of the Act, includi,ng: the development of a questionnaire (';Jefferson 2000") that sought
residents' opinions about the community's future; the establishment of community forums and
citizen task forces who helped craft interim ordinances and establish goals and policies; the
adoption by the Board ofCounry Commissioners of the Community Planning Process which
established community planning groups who developed community plans that articulated their
community's goals and vision; the production and dissemination of an informative video ("It's
Your Plan"), and the release ora Discussion Draft Comprehensive Plan ("Draft Plan") on
February 24, 1997-
II. On February 24, 1997 Jefferson County issued a Draft Environmental Impact Statement for
the Plan pursuantto WAC 365-195. A public hearing on the Draft Plan was held on April 2,
1997, and a public comment period was maintained until May 15, 1997.
12. The Draft Plan was r~viewed by the Jefferson County Planning Commission for a period of
ten (10) months between April 1997 and February 2, 1998, according to a schedule of meetings
with assigned topics, During this time period the Planning Commission held thirty-three (33)
public meetings, three (3) public workshops, and regional meetings throughout the County.
During this period about 750 citizens attended meetings of which approximately 350 provided
testimony.
13. Regional public meetings that allowed public testimony were held on the following dates:
. October 1st the Commission held a public meeting at the Queets/Clearwater
School in the West End.
. October 15th a public meeting \Vas held at the Port Ludlow Bay Club in Port
Ludlow
. November 5th a public meeting \vas held at the Tri-Area Community Center
. November 19th a public meeting \vas held at the Gardiner Community
Center
. December 3rd a public meeting was held at the Quilcene Community Center
14. In their preliminary discussion of Rural Centers and Rural Crossroads, the Planning
Commission considered whether single lot commercial areas constituted spot zoning, intill
capacity of commercial areas. tloodplain constraints, level of service differences between centers
and crossroads. existing uses. and grand fathering. Preliminary boundaries for Brinnon, Quilcene
:2
" " 1111" '" "'" "" ~:,~~~ ~41
Je"erlon County. WR POPE RESOURCES =~~g4Ii~~~0~1 :40R
Rural Villag<;: C<;:oters and Port Ludlow Commercial Village Center wen~ adopted on July 23rd
based on the Commission's findings that boundaries must:
. allow for inti II 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 water system.
. protect critical areas.
. avoid spot zoning. and
. establish a table of allowed uses.
15. Preliminary boundaries, based on the above findings. were ideniified for Chimacum, Four
Corners. Discovery Bay and Nordland at the Planning Commission meeting of July 301h. Also at
this meeting the Planning Commission discussed the criteria related to the proposed crossroads at
Wawa Point and Black Point.
16. On August 6th the Planning Commission decided they would accept public comment at all
meetings as opposed to the workshops on June 4th and July 2nd and 16th where public comment
had not been taken.
17. On August 6th, based on a recommendation from the Port Ludlow Planning Committee and
the projected 20-year population allocation, the Planning Commission voted unanimously to
decrease the proposed density for the southern portion of the Master Planned Resort to 1:20.
18. On August 13th staff made a presentation to the Planning Commission concerning population
distribution, retail square footage analysis as compared to the projected population, ESB 6094
criteria, integration of community plans, County-wide Planning Policies, transportation factors,
and. levels of service for Rural Crossroads.
19. At the meeting on August 13th, the Planning Commission discussed Black Point as a
possible crossroad. The Planning Commission found that Black Point was not an area of more
intense development pre~dating July 1, 1990, did not contain a convenience grocery, which was a
requirement for crossroad designation in the Draft Plan, and had topographic .constraints of a
steep slope. A resolution regarding Black Point was not reached at this meeting.
20. Also on August 13th. the Planning Commission established boundaries for Mats Mats,
Beaver Valley. Gardiner and the West End:
. Mats Mats: The Planning Commission adopted a boundary based on the existence of the
convenience grocery and additional lots to accommodate infill and avoid spot zoning.
. Beaver Valley: The Planning Commission found that the crossroads commercial area was
not warranted based on the single lot use and the ability of the grocery/gas station to
continue as a grand fathered (non-conforming) use.
. Gardiner: The Planning Commission proposed and adopted a boundary for a crossroads
location not included in the Draft Plan. based on the recognition of Gardiner as an
historic community and the fact that a convenience grocery had been at that location in
the recent past.
J
1111111111111111111111 ~~4~~~~:~:~
J.".rlon County, WA POPE RESOURCES RESO S9S.00
.
West End: Thl: 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 ot' 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 Airport and at Port property in Quilcene. The Planning Commission reviewed
and adopted staff recommendations for policies restricting industrial use at the airport, in
consideration of the protection of aquifer recharge areas and pending completion of the Tri.Area
study.
.,"' Having completed an initial review of all the elements by August 20th. the Planning
Commission began to review the goals and policies of each element in turn. At its meeting on
August 27. 1997 the Planning Commission discussed proposed goals and policies drafted by a
subcommittee for the Land Use and Rural Elements,
23, At the September 3rd meeting, the Planning Commission reviewed the Center store area
against the criteria for designating rural commercial crossroads and requested that designation
criteria be fonnulated by staff into policies that could be reviewed by the Planning Commission.
24. Goals and Policies for the referenced elements were discussed at the following Planning
Commission meetings:
. September 10th, Transportation, Utilities and Capital Facilities Goals and
Policies; .
. September 17th, Natural Resource;
. September 24th, Open Space, Parks and Recreation;
. October 22ncl, Historic Preservation and Environment;
. October 29th, Housing;
. November 12th, Economic Development;
. November 25th, UGA and Annexation; and on
. January 14, 1998 Essential Public Facilities Goals and Policies
25. In attempts to further refine commercial boundaries, on October 8th, the Planning
Cqmmission began to review and integrate ESB 6094 into criteria for rural commercial
boundaries. The Planning Commission reviewed policies establishing logical outer boundaries
and established a definition for commercial crossroads.
26. On December 10th, the Planning Commission reviewed goals and policies regarding:
. Legal pre.existing uses, based on staff research. memos from the Prosecuting
Attorney's Office and public comment
. Small scale recreational and tourist related uses based on criteria established
in ESB 6094,
. Home-based business and cottage industry, based on public comment and
in formation researched and provided by staff
. Revisions 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 the meeting on December 17th, the Planning Commission approved staff revisions to the
crossroad criteria which eliminated the convenienœ store as a requirement but retained it as
4
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Jerrer,on County, WR POPE RESOURCES RESO 59B.ØØ
d~sçriptiv~ of th~ I~vel of service of a crossroad and detined a "concentrated cluster" as "five-'or
more pre.1990 separate businesses and/or related structures," of which "at least three' orthe
legally ~x.isting main commercial buildings shall each house a separate business meeting the rurnl
crossroads level of service standard and uses." The change would eliminate the one lot/single Úse
crossroads and some uses would become non-conforming within a crossroads. The Planning
Comm ission also revisited other commercial areas and took the following action:
.
Brinnon: reconfirmed the boundary and proposed a strategy to be included in the Plan to
investigate establishing an additional area for commercial development outside of the
tloodplain.
Four Corners: delete the intersection as a Rural Crossroads based on the fact that the
businesses. other than the convenience grocery. \vere industrial in nature and did not serve the
immediate, local neighborhood population and could be permitted conditionally outside of a
commercial zone.
Discovery Bay: reconfirmed the boundary based on concerns about traffic accidents,
construction in a floodplain, and protection of critical areas.
Nordland: delete the crossroads location, based on it being an isolated business on one lot
.
.
.
28. On January 3, 1998, the Planning Commission, based on Health Department information on a
proposed community water system, voted unanimously to reconfirm the restrictive boundary
previously delineated for Quilcene noting that the community needed to resolve the water issue.
29. At their January 3rd meeting, the Planning Commission:
. Found that boundaries proposed by staff for new crossroads at Ness' Comer
and lrondale Comer were based on the establishment of a logical outer
boundary utilizing criteria established in ESB 6094.
. Reconfirmed the boundary for the Chimacum crossroad based on levels of
service, uses identified with the level of service, and the protection of critical
areas.
30. On January 3rd, the Planning Commission changed the crossroads criteria from "separate
businesses" to "separate buildings." The change was meant to preclude a cluster definition of one
building housing five businesses from determining a crossroad location.
31. Also on January 3rd, the Planning Commission found that as crossroads Wa~va Point, Beaver
Valley and Gardiner did not meet the adopted criteria and should be deleted,
32. At the meeting on January 3rd, the Planning Commission found that the West End lacked
commercial facilities to serve the rural population. and voted to allow tourist related uses to also
serve the needs of the local population. The Planning Commission continued its review of revised
goals and policies regarding UGA and Annexation. land Use, Rural. Economic Development,
Housing. Natural Resources. Environment, Open Space. parks and Recreation and Historic
Preservation Elements.
33. On January 7, 1998 the Planning Commission revisited Mats Mats as a crossroad location and
reaffirmed its previously delineated boundaries. The Planning Comm ission then continued its review
of revised goals and policies for the Transportation, Utilities. and Capital Facilities ElementS.
34. On January t 4. 1998 the Planning Commission reviewed goals and policies for the Essential
Public Facilities Element based on RCW 36.70A.200 and continued reviewing policies for the
5
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Jetter.on County, WA POPE RESOURCES RESO 698.00
NaturiJ( Resources Element. Tne Planning Commission found that a public request tor 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 statT to research and verify
this conclusion.
35. Also on January 141h, the Planning Commission:
. Discussed a proposal from Pope Resources to change the designation of the
southern portion of Port Ludlow from I :20 to 4: I. The Planning Commission
voted to affirm the existing I :10 designation, noting that the proposal to shift
densities needed to be considered as part of an entire plan and that the
Planning Commission needed more detail to propose such a shift.
. Affirmed their earlier decision to stop the commercial area in Port Ludlow
short of Ludlow Creek in accord with the Port Ludlow Planning Groups
desire to have a green way or "reserve" along the creek.
. Affirmed its designation of the Port Ludlow commercial area as a Rural
. Center (Village Business District) based on the fact that Port Ludlow's status
ought to be guided by the goals and policies established for Rural Cencers,
. Found that requests for elimination of the forest land designation on parcels
owned by Green Crow were unwarranted prior to the review and updating of
the Interim Forest Lands Ordinance.
. Found that additional policies were needed on investigating the feasibility of
establishing small-scale marine trades in Quilcene or Lower Hadlock and
considering residential clustering and the promotion of open space. A
majority of the Planning Commission failed to act on a policy that proposed
to allow lot averaging.
36, On January 31st, 1998 the Planning Commission reviewed the proposed Land Use Map,
including proposed changes to densities in the Quimper Planning Area, and voted to approve the
Land Use Map based on previously adopted goals, policies, and definitions and to forward it to the
Board of County Commissioners with the Planning Commission's recommendation. The
Commission decided minority reports would be submitted to the Board at the workshop on February
10th, 1998 after review by the Planning Commission as a whole.
37. The Planning Commission submitted its recommended Plan to the Jefferson County Board of
County Commis;ioners on February 2, 1998 and released it to the public for revi¡;w and
comment.
38. On February 10th, the Planning Commission approved three minority reports on light
manufacturing, Rural Crossroads. and parcel averaging for submission to the Board of County
Commissioners.
39. The Jefferson County Board of Commissioners held eight (8) public hearings. thirty (30)
\vorkshops and took two field trips, one to the Glen Cove area and one touring Rural Centers and
Crossroads. during its review of the Plan from February 2. 1998 to August 28, 1998. During the
period from February 27, 1997 to August 28, 1998, the County received approximately 400
letters of comment on the Comprehensive Plan. The County has made good faith efforts to
acknowledge the receipt of all letters.
40. Based on extensive public comment received by the BOCC. a presentation on 1997 GMA
amendments through ESB 6094 by members of the Land Use Study Commission, and minority
6
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Jefferlon County, WA POPE RESOURCES RESO 698,00
reports from Planning Commission member'). the BOCC directed ~tarr to revise the Planning
Commission's recommended criteria for commercial and industrial lands to be based 'oo"-r'he
criteria ot' thl! Growth Management Act as revi~ed through ESB 6094. and local circumstances.
The BOCC also directed ~taff 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 Recreation, and Historic
Preservation, Transportation. Utilities. Capital Facilities, Economic
Development. Environment. and Essential Public Facilities.
. Revise the Introduction and Implementation chapters. include a Vision
Statement and add terms to the Glossary.
. Alter the designation of the Port Ludlow Resort/Community to Master
Planned Resort, and the commercial area to Village Commercial Center.
. Alter residential densities in several areas of the County.
. Designate the boundaries of the following seven areas within the Glen
CovelTriArea Study Area as interim, pending completion of the Glen
CovelTriArea Special Study and revisiting of the boundaries: Glen Cove
light industrial/commercial area, Four Comers, Chimacum, SR 19/20, Port
Hadlock, Ness' Comer, and Irondale Comer.
41. Based on the revisions to commercial criteria, the BOCC directed the staff to revise the Plan
for commercial areas to:
. Alter the proposed commercial boundaries to enlarge the Rural Village
Centers of Quilcene and Brinnon, and the relocate the boundary of the
Village Commercial Center of Port Ludlow to the öriginal proposed
boundary along Port Ludlow Creek.
. Alter the proposed Rural Crossroad boundaries of Chimacum, Discovery
Bay, Ness'Comer, Irondale Comer, and Mats Mats, reinstate crossroads at
Nordland, Beaver Valley, Wawa Point, and Four Comers, and add two new
Rural Crossroads at Gardiner and SR 19/20.
. Modestly expand the Rural Village Center for Qui1cene and Brinnon;
. Add three Resource Based Industrial zones; and
. Make minor modifications to the goals and policies.
42. Based on the revision of industrial land criteria, the BOCC directed staff to: ,
. Designate the Quilcene Light Industrial area.
. Change the designation of three (3) existing Heavy Industrial areas to Forest Resource
Based Industrial zones to recognize existing forest resource based activities at Gardiner,
Center. and in the West End (Allen Logging).
. Alter the Port Townsend Paper Mill Heavy Industrial zone to include the entire mill
property.
43. These revisions were released on May IS, 1993 as the "Jefferson County Comprehensive
Plan: BOCC Revisions to the Planning Commission's Recommendations."
44. On May 27, 1998, the Planning Commission held a public hearing on the BOCC changes to
the February 2. 1998 Planning Commission Recommendations. and submitted recommendations
to the 80CC based on Planning Commission discussion and public testimony at the hearing.
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~5. On ,\Ia: 27. 1998 Jd'ferson County Îssue::d a Final Environme::ntaJ Impa..:t Statement,.~IDe
Jefferson County Comprehensive Plan pursuant to WAC 365-195.610. The FEIS was adop~þy
the:; S EP t\ Adm ¡nistrater on August 17, 1998.
~6. On Juno: 15. 1998, the Jefferson County Board of Commissioners held a public hearing on the
BOCCs ,\Ia: 15.1998 revisions to the Plan.
~ 7. Based on 5taffrecommendations regarding the May I. 1998 legal review by the Jefferson
County Prosecuting Attorney of the Planning Commission's Recommended Plan (February 2,
1998). funher public testimony. recommendations made by the Planning Commission.
recommentbtions regarding consistency and legal defensibility made by a consultant (Driscoll
and Hunter). and recommendations made by other government or quasi-government agencies (i.e.
the City and Pon of Port Townsend), the BOCC reviewed and discussed the recommendations in
public workshops. and made to the following revisions to the Plan: .
. Deletion of the UGAI Annexation Element and relation of pertinent goals, policies, and
strategies to other Plan Elements.
. Addition, deletion, or rewording of goals, policies and/or strategies contained within the
following Plan Elements: I,.and Use/Rural; Natural Resources; Housing; Open Space,
Parks and Recreation, and Historic Preservation; Transportation; Utilities; Capital
Facilities: Economic Development; Environment; and Essential Public Facilities.
. Deletion of the UGA and Annexation elements.
. Addition of terms to the Glossary.
. Revision of the proposed commercial boundaries in t"..o (2) Rural Village Centers (Port
Hadlock and Qui1cene.)
. Amendment of the proposed Glen Cove Light Industrial/Commercial interim boundary to
include block 9 in its entirety.
. Reclassification of Neighborhood Crossroads to NeighborhoodNisitor Crossroads;
. Redesignation of two (2) formerly designated General Crossroads to
Neighborhood/Visitor Crossroads (Four Comers and Chimacum.)
. Revision of the Land Use Table to restrict certain regional and community level of
service uses to the crossroads in which they currently exist, in order to prevent
inappropriate land uses in other crossroads and to protect the unique character of the
crossroads.
. Revision of the boundaries of three (3) designated Forest Resource Based Industrial
Zones (RBIZ) located at Gardiner, Center, and the West End based on the application of
ESB 6094 criteria. .
. Minor revision of the Port Townsend Paper Mill Heavy Industrial zone boundary based
on clarification of the mill property boundaries.
. Revision of residential land use densities in several areas of the County.
. Revision of zoning densities within the Port Ludlow Master Planned Resort to indicate a
proposed development agreement for a 200.acre area south of the golf course from I
dwelling unit per 20 acres to 4 units per acre, and a ~OO.acre area in the southern portion
of the \.!aster Planned Resort from I dwelling unit per 20 acres to permanent open space
with zero density.
. The amendment of the overall Land Use Map to reflect the above-referenced mapping
reVISIons.
48. The BOCC revisions were included in the Jefferson County Comprehensive Plan, Final
Draft. released on July 31. 1998 for public review and comment.
3
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J.".I"IOM COUMtV, WR POPE RESOURCES RESO EiS8.00
~9. Th~ BOCC held two (2) public hearings, on August 10.1998 and August 24.1998 on th~
Final Draft Comprehensive Plan of July 31. 1998. Based on public comment and testimony. the
BOCC dir~çtt:d the staffon August 17. 1998 at a regular public meeting of the 80CC to change
all commcrciJI area designations and the Glen Cove and Port Townsend Paper Mill industrial
boLindari~s to interim boundaries pending the completion of the Glen Cove/TriArea Sp~cial Study
and revisiting of the boundaries.
50. On August 28. 1998 the BOCC held a public workshop to consider m ¡nor revisions to the
Plan. The statTwas directed to make non-substantive changes to goals and policies in the Land
Use/Rural. NJtural Resources. and Essential Public Facilities Elements. and to revise the Land
Use Map for Port Ludlow Master Planned Resort to:
. Change the density for an area of single family tracts in the northwest of the Master
Planned Resort from I dwelling unit per 5 acres to I dwelling unit per 2.5 acres.
. Change the designation for a utilities property and a commercial property adjacent to the
golf course to single family residential at 4 dwelling units per acre.
. Add the Twin Islands in Ludlow Bay to the Land Use Map and designate as permanent
Open Space.
. Designate the gol f cóurse as recreational.
. Add to the map a statement that the Master Planned Resort is subject to a cap of 2250
residential units.
51. Adoption of interim development regulations concurrent with the adoption of the
Comprehensive Plan will partially implement the goals and policies and the Land Use Map of the
Plan on an interim basis, pending adoption of final development regulations. The Interim Growth
Strategies Ordinance (Ordinance 05-0214-96, adopted on February 14, 1996) wi!! be repealed and
replaced by a revised ordinance that is consistent with the adopted Comprehensive Plan Land Use
Map. designations, and land uses, and will be adopted as an Interim Controls Ordinance
concurrent with the Comprehensive Plan.. Proposed Interim Controls that have been under
review since May, 1998 by the BOCC and the public will be reviewed and revised for adoption
within 60 days of Plan adoption following a public process and public hearing.
Land Lise Map
I. RCW 36.70A.070 stipulates that "the comprehensive plan of a county or city,that is required
or chooses to plan under RCW 36.70A.O40 shall consist of a map or maps..."
.
2.
RCW 36.70A.O70 further stipulates that "...all elements shall be consistent with the future
land use map."
3. The Jefferson County Comprehensive Plan contains a Land Use Map that identifies land uses
and zoning boundaries for all properties located within Jefferson County. and graphically details
the location of land for various land uses, thereby establishing the character, quality. and pattern
of future physical development throughout the County.
4. The land uses depicted on the land use map include:
. Residential lands
. Parks. preserves and recreation
. Lands under federal control (i.~. Olympic National Park. military
reservations)
9
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J.ff.~'OM CoUMlv, WA POPE RESOURCES
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
Essenlial public facilities
I ;~
.
.
.
.
.
5. Resource lands are identified and designated on the Land Use Map according to criteria
establ ¡shed in each respective resource ordinance. pursuant to RCW 36.70A.170.
6. R¿sidenlialland uses and densities are designated on the land Use Map according to criteria
developed by the County. which are contained within the land Use/Rural element of the
Comprehensive Plan.
9. Commercial and industrial land uses are designated on the land use map according to criteria
developed by the County, which are contained within the Land Use/Rural element of the
Comprehensive Plan.
10. Areas designated as essential public facilities, which include the County Waste Management
facility and the Jefferson County International Airport are depicted on the land Use Map.
II. Bet\veen February 24, 1997 and May 31, 1998 four drafts of the Comprehensive Plan Land
Use Map were released.
12. The first draft of the Comprehensive Plan Land Use Map, entitled Jefferson County's Draft
Comprehensive Land Use Map, was released on February 24, 1997.
13. BetYieen April 1997 and February 2, 1998 the Jefferson County Planning Commission
deliberated the Draft Comprehensive Plan and made revisions to the Draft Comprehensive
Plan Land Use ""lap.
14. Revisions to the Draft Comprehensive Plan Land Use ¡!"fap were incorporated in the the
second draft of the land use map, entitled the Comprehensive Plan Land Use Map As
Recommended By Jefferson County Planning Commission, released February 2, 1998.
15. The Jefferson County Board of County Commissioners, over a period of three months,
conducted public hearings and workshops, deliberated the Comprehensive Plan as
recommended by the Jefferson County Planning Commission and made revisions to the land
use map.
16. Revisions to the Comprehensive Land Use ¡l,lap As Recommended By Jefferson County
Planning Commission were incorporated in the third draft of the land use map, entitled the
Comprehensive Plan Lund l/se i\;fap: Jefferson County Bourd ofCollnty Commissioners
Revisions To Planning Commission Recommendalions, released May IS, 1998.
17. Between May 15.1998andJuly31.1998theJeffersonCollntyBoardofCounty
Commissioners made minor revisions to the land use map based on legal review provided by
the Jefferson County Prosecuting Attorney's Office. These revisions were incorporated in the
fourth draft of the land LIse map. entitled the Comprehl!l1.\'i1':1! PIa" Land Use Afap: Jefferson
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J.rr.rlon County, WA .POPE RESOURCES =~~g4/~~~~0~1 :40A
County ß()(ml ofCuunty C;ommi.~siolll!r.'ì Rl!vi.'iions To Planning Commission
RI!(:ommrmdation Fin,,1 Draft Vl!r.'ìioll. released July 31. 1998.
18. Revisions wen: made to the following areas of the Land Use Map 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 the following:
. Mapping errors:
. Updated data which caused residential parcels to no longer meet the
designation criteria:
. Proximity of residential parcels to resource areaS. UGAs or the.Master
Planned Resort of Port LudIO\\i:
. Review of parcels according to the criteria for designation.
c). Land use designations were modified within the Port Ludlow Master Planned Resort
boundary upon its designation as a Master Planned Resort:
.
A 200-acre parcel in the southern portion of the MPR, south of the golf
course was rezoned from a density of I :20 to 4: 1
A 400-acre area in the southern portion of the MPR was rezoned from 1:20
to perpetual open space, with zero density
Areas previously designated as mixed-use/commercial were changed
New land uses/zoning classifications that are more consistent with the
designation of Port Ludlow were assigned, including "Resort Complex" and
"Recreation Areas"
The commercial area designation was changed from Rural Village Center, as
designated in the Draft Plan, to Village Commercial Center.
.
.
.
.
Land Use/Rural Element
\
1. RCW 36.70A.070 (1) and (5) identify land Use and Rural as mandatory comprehensive plan
elements.
2. Jefferson County's Draft Comprehensive Plan. released on February 24, 1997, contained a
Land Use element and a Rural element, both of which contained goals, policies and strategies
that addressed land uses in all areas of the Coun[)".
3. A ten (10) month review of the Draft Comprehensive Plan by the Jefferson Collnty Planning
Comm ission resulted in the revision. addition and/or deletion of some of the goals, policies
and/or strategies contained within the land use and rural elements.
4. Revisions were made by the Planning Commission to commercial land designations and
classifications contained\vithin the Land Use element. The Planning Commission released its
Recommendations to the BOCC for the comprehensive plan on February 2. 1998.
11
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JerrerlQn CQunty, WA POPE RESOURCES RESO S98,00
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 commerciaNand
designations ..:ont:lined within the land Use and Rural elements the following criteria:
a. Criteria t"or the recognition and designation of commercial areas:
. The area is currently under commercial zoning.
. The area exisœd as a built environment on July I. 1990
. The area provides basic necessities or multiple commercial services to the local
community and/or traveling public.
b. Criteria for the ..:Iassitìcation of commercial areas based on a rural commercial level of
service analysis in Jefferson County Rural Commercial Zones, Madrona Planning. September,
! 996. and provisions of ESB 6094 as codified in RCW 36.70A.070(5)(d) recognizing existing
uses and areas:
. Convenience Crossroads: Single commercial property with an existing commercial
level of service that is Local; and may include services for the traveling public.
. Neighborhood/Visitor Crossroads: Multiple existing commercial uses serving a rural
neighborhood at a local level of services with limited community uses, and serving
the traveling public.
. General Crossroads: Multiple existing commercial uses providing limited regional
and multiple community levels of service in the TriArea/Glen Cove Study Area.
. Rural Village Centers: Historical rural community providing all essential goods and
day-to-day professional, public, and social services at a community level of service.
c, Criteria for establishing boundaries of commercial areas:
. Criteria from RCW 36.70A.070(5)(c):
. Contain or control rural development;
. Assure visual compatibility with surrounding rural area;
. Reduce the inappropriate conversion of undeveloped land into sprawling, low
density development;
. Protect critical areas and surface and ground water resources;
. Protect against conflicts with the use of designated natural resource lands.
.
Criteria from RCW 36.70A.070(5)(d), the 1997 GMA amendments:
. Logical outer boundary' of an area or use existing in July, 1990;
. Prevent new low-density sprawl;
. Clearly identifiable and contained area of more intensive development;
. Delineated predominantly by the built environment;
. May include undeveloped lands ¡flimited: ,
. Preserve character of existing natural neighborhoods and communities;
. Use physical boundaries (bodies of water, streets. topography);
. Prevent abnormally irregular boundaries;
. Provide public facilities and public servic~s so as to avoid low-density sprawl;
. Existing industrial areas are not required to principally serve existing and
projected ruml population.
.
Pursuant to RCW J6.70A.070(5)(a). the boundari~s were also evaluated based on the
following localwnsiderations that could affect boundaries or require the application
of special conditions:
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J.tt.r.on Count v , WA POPE RESOURCES =~~g4/~~~~0~1 ;40A
.
R~gional transportation concerns. traffic volumes. a<.:cess. and safety.
Pro,ximity to incompatible uses.
Partial designation of large parcels that arc not fully dcvdop~d 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 cohesion.
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) to detennine logical
boundaries of industrial areas. and designated light industrial. light industrial/commercial, heavy
industrial, and forest resource-based industrial zones based on the following criteria:
. The existing zoning is industrial
. The area existed as a built environment on July 1. 1990
. The area is not located on designated natural resource lands
7. In an effort to minimize redundancy between the Land Use and Rural elements, and to reduce the
overall size of the Comprehensive Plan, the BOCC directed the planning staff to merge the land Us~
and Rural elements into a single Land Use/Rural Element.
8. The land Use/Rural element contained within Jefferson County's Comprehensive Plan:
.
Designates the proposed general distribution and general location and extent of uses
for agriculture, timber production, housing, commerce, industry, recreation, open
spaces, public utilities/facilities and other appropriate land uses.
Includes population densities, building intensities and estimates of future population
gro\\i1h.
Provides for the protection of the quality and quantity of ground water used for
public water supplies as addressed in the Environment element.
Designates as rural lands that are not designated for urban growth, agriculture, forest
or mineral resources as addressed in the Resource Lands element.
.
.
.
9. The land Use/Rural element contained within Jefferson County's Comprehensive Plan
contains goals, policies and strategies that:
.
Foster and protect rural character.
Designate and contain commercia! areas throughout the County.
Designate and contain industrial areas throughout the County.
Identifies appropriate activities in the rural areas of the County.
Conserve and protect the County's natural resource lands and environment.
Establish and designate rural residential densities.
.
.
.
.
.
10. The land Use/Rural element meets GMA planning goals: (I) to encourage development in
urban areas where adequate public facilities and services exist or can be provided in an efficient
manner: (2) reduce the inappropriate conversion of undeveloped land into sprawling. low-density
development: and (12) ensure that those public facilities and services necessary to support
development shall be adequate [0 serve the development:lt the time the development is available
13
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J.ff.rlon County, WR POPE RESOURCES RESO 698.00
for O\.:cupam:y and us~. JdTerson County docs not approve development permits unl~ss a water
supply anu ()[hcr infrastructure is shown to be available.
Natural Resources Element
I. The Gro\~th 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 and
productive agricultural lands, and discourage incompatible uses.
.,
Jefferson County has adopted an Interim Critical Areas Ordinance (Ordinance No. 05-0509.
94, adopted May 9. 1994 and amended by Ordinance No. 14-0626-95 on June 26, 1995),
Mineral Lands Ordinance (Ordinance No. 09-0525.95. adopted May 25. 1995), Agricultural
Lands Ordinance (Ordinance No. 08-0525-95, adopted May 25, 1995) and Forest Lands
Ordinance (Ordinance No. 01-0121-97, adopted January 21. 1997) that regulate and protect
Jefferson Cou!1ty's natural resource lands.
3. The County's interim resource lands ordinances support the conservation of forest,
agriculture and mineral resources by identifying and designating these lands where the
principal and preferred activity is resource production and extraction.
4. Jefferson County's Draft Comprehensive Plan, released on February 24, 1997, contained a
Natural Resource element that identified Jefferson County's agricultural, forest, mineral land
and aquaculture resources.
5. The Jefferson County Planning Commission, over a period of ten (10) months, deliberated the
Draft Comprehensive Plan in a public process and made revisions to the goals, policies and
strategies of the elements contained therein, including Natural Resource Lands. The Planning
Commission released their Recommendations for the Comprehensive Plan on February 2,
1998.
6. Behveen 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 Natural Resource element.
7. The BOeC, on May 15, 1998, released a document of BOCC revisions to the Comprehensive
Plan that included revisions made to the goals and policies of the Natural Resources element.
8. Between May IS and July 31. 1998, the Board made further revisions to Plan elements,
including ~atUral Resources, based on legal review provided by the Jefferson County
Prosecuting Attorney's office, recommendations made by a Comprehensive Plàn review team
(the Consistency and Closure Team), and public comment.
9. Jefferson County, on July 31. 1998, released a Final Draft Comprehensive Plan that included
the final draft version of the Natural Resource element.
10. Jefferson County's Comprehensive Plan contains a Natural Resource element that includes
goals and policies that address natural resource conservation and protection, and require that
interim resource lands ordinances be reviewed for consistency with the Comprehensive Plan
and amended as needed priori to adoption as final resource lands ordinances.
14
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J.".rlon County, WA POPE RESOURCES REsa 698.00
II. The natllral resource element also contains goals and policies that minimize contlicts between
resource-based land uses and adjacent non~resource land uses. ,md which support the
sLJstainahk use and conservation of Jefferson County's natural resources.
11. The natural resources element also contains maps designating forest. mineral. <1griculturál,
<1nd aquaculture resource lands.
Housing Element
[. RCW 36.70.'\.070(2) identifies Housing as one of the six mandatory comprehensive plan
elements. '
2. GMA Planning goal four (4), codified as RCW 36.70A.020(4). urges jurisdictions to
"encourage the availability of affordable housing to all economic segments of the population
of this state, promote a variety of residential densities and housing types, and encourage
preservation of existing housing stock."
3. Jefferson County's County-wide Planning Policy, which serves as a framework for the
development of the Comprehensive Plan, contains policies addressing affordable housing
throughout the County.
4. Jefferson County's Draft Comprehensive Plan, released on February 24, 1997, contained a
Housing element that addressed existing and projected housing needs for all segments of the
population.
5. The Jefferson County Planning Commission, over a period often (10) months, deliberated the
Draft Comprehensive Plan in a public process and made revisions to the goals, policies and
strategies of the elements contained therein, including Housing. The Planning Commission
released their Recommendations to the Comprehensive Plan on February 2, 1998.
6. Between 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
elements, including the Housing element.
.
The Board included provisions that addressed the provision of affordable housing
through the inclusion of policy language that remitted multi-family housing within
the County's Rural Village Centers
7. The Board, on May 15, 1998. released the BOCC revisions of the Comprehensive Plan that
included the revisions made to the Housing element.
8. Between May 15 and July 31, 1998, the Board made revisions to plan elements, including
Housing. based on legal review provided by the Jefferson County Prosecuting Attorney's
office. recommendations made by a comprehensive plan review team (the Consistency and
Closure Team), and public comment. Revisions include:
. A policy to consider the use of vacant public lands to accommodate low-income and
special needs housing opportunities through a study overseen by the Joint County-
City Housing Advisory Committee.
15
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J,".rlon County, WA POPE RESOURCES RESO 698.00
.
A policy in which the County commits to, supporting th~ impl~m~ntation of the - .
provisions ofth~ federal Fair Housing Act. in recognition of the County's negotiated
Jgre~m~nt in resolution of the Gray Wolf litigation.
9. JdTer~wn County. on July 31, 1998. released a Final Draft Comprehensiv~ Plan that contained
the tina!. revised Housing element that is consistent with the GMA and th~ County-wide
Planning: Policy.
10. As required by RCW J6.70A.OiO(2). the Housing element:
.
Includes an inventory and analysis of existing and projected needs.
Identities sufficient lands available for a wide variety of housing types. including
lo\'..--income housing, group homes and multi-family housing.
Includes a reference to the County's inventory of undeveloped publicly-owned lands
and the commitment to utilize these lands in order to accommodate affordable
housÎf!g needs.
Includes goals, policies and strategies addressing the preservation and improvement
of existing housing stock, and the development of new housing in order to meet the
need for affordable housing to serve all economic segments of the community.
Includes goals and policies that address that address affordable housing in all areas of
the County.
Contains policies and strategies that address special needs housing, such as assisted
care living facilities, group homes. and housing for the developmentally disabled,
mentally ill, persons with HIV/ AI Os, the elderly, and other special needs. '
.
.
.
.
.
Open Space, Parks and Recreation, and Historic Preservation
1. RCW 36.70A.160 requires that jurisdictions identify open space corTidors within and between
urban grov,1h areas.
2. The Washington State Growth Management Act enumerates thirteen (13) planning goals,
codified as CRCW 36.70A.020), to help guide the development and adoption of
comprehensive plans.
. Planning goal nine (9) urges jurisdictions to "encourage the retention of open space and
development of recreational opportunities, conserve fish and wildlife habitat, increase
access to natural resource lands and water, and develop parks."
. Planning goal thirteen (13) urges jurisdictions to "identify and encourage the preservation
of I-ands. sites, and structures. that have historic value or archaeological significance."
J. Jefferson County's Discussion Draft Comprehensive Plan, released on February 24, 1997,
contained an Open Space. Parks and Recreation. and Historic Preservation element that
identified Jefferson County's parks and recreational resources. wildlife corridors and
historical features.
4. The Jefferson County Planning Commission. over a period of ten (10) months, deliberated the
Draft Comprehensive Plan in a public process and made revisions to the goals, policies and
strategies of the elements contained therein. including the Open Space. Parks and Recreation,
and Historic Preservation ~Iement. The Planning Commission released their recomm~nded
draft comprehensive plan on February 2. 1998.
16
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J.ff.~.on County, WA POPE RESOURCES RESO 598.00
5. Bet\\iccn February 2 and May 15. 1998. the Jefferson County Board of County
Com missioners made further rev is ions to the goals. pol icies and strategies 0 f 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, anJ Historic Preservation
element of the Comprehensive Plan.
7.
Between May 15 and July J I. 1998, the Board made further revisions to plan elements.
including Open Space. Parks and Recreation and Historic Preservation based on legal review
provided by the Jefferson County Prosecuting Attorney's office and recommendations made
by a comprehensive plan review team (the Consistency and Closure Team).
8. Jefferson County, on July J I, 1998, released a Final Draft Comprehensive Plan that included
the final revised Open Space, Parks and Recreation and Historic Preservation element.
9. Jefferson County's Comprehensive Plan contains an Open Space. Parks and Recreation and
Historic Preservation element that meets the planning goals enumerated in RCW 36.70A.O20
and in accordance with RCW 36.70A.160. .
10. The Open Space, Parks and Recreation and Historic Preservation element includes goals,
policies and strategies that strive to protect and enhance open space lands and parks, and link
them to a county-wide trail network.
II. The Open Space, Parks and Recreation and Historic Preservation element also includes a
parks and recreation strategy to ensure adequate park and recreational facilities are developed
to serve the needs of the general pub I ic.
12. The Open Space, Parks and Recreation and Historic Preservation element contains an
assessment of current level of service standards for existing parks and recreational facilities
throughout the County in order to detennine whether the County is providing an adequate
level of park and recreation service to the general public.
13. The Opén Space, Parks and Recreation and Historic Preservation element also contains maps
identifying potential lands for open space corridors and parks and recreation areas,
conservation easements, and areas for future cooperative preservation efforts.
Economic De....elopment Element
I. GMA planning goal five (5) (RCW 36.70A.O20(5)) urges jurisdictions to "encourage
econom Îc development throughout the state that is consistent with adopted comprehensive
plans, promotes economic opportunity for all citizens of this state, especially for unemployed
and disadvantaged persons, and encourage growth in areas experiencing insufficient
economic growth, all within the capacity of the state's natural resources, public services. and
public facilities:'
Î Jefferson County's County~wide Planning Policy. which serves as a framework for the
development or the comprehensive plan. contains policies that address economic
17
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Jerrer,on Countv. WA POPE RESOURCES RESO 698.00
<.h:velupm..:nt within the County and calls for the inclusion of an e<,:ullomic d~velopmcnt
t.;!ement within Jefferson County's Comprehensive Plan.
J. JdT~rson 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).
-I. The JetTerson County Planning Commission. over a period often (10) months, deliberated the
Draft Comprehensive Plan in a public process and made revisions to the goals, policies and
strategies of the Economic Development element. The Planning Commission released their
Recommendations for the Comprehensive Plan on February 2, 1998.
5. Betv..een 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 Economic Development element.
6. On May 15, 1998 the BOCC issued revisions to the Comprehensive Plan that included the
BOCC revisions made to the Economic Development element.
7.
Between May 15 and July 31, 1998, the BOCC made further revisions to Plan elements,
including to Economic Development, based on legal review provided by the Jefferson County
Prosecuting Attorney's office and recommendations made by a comprehensive plan review
team (the Consistency and Closure Team).
8. Jefferson County, on July 31, 1998, released a Final Draft Comprehensive Plan that included
the final revised version of the Economic Development element.
9. Jefferson County's Comprehensive Plan, adopted on August 28, 1998, contains an Economic
development element that includes goals and policies that promote economic development
throughout the County and to all segments of the population, encourages programs to train
and retrain the population, streamline regulatory provisions, promote coordination among
economic development agencies and the County, and support a wide arTaY of economic
development opportunities to all residents.
10. Jefferson County's strategy for econom ic development focuses on four key issues:
.
The retention of the existing business and industries. -
The prómotion of new businesses and industry that complement the County's rural
development pattern.
Providing educational opportunities to retrain workers and train new workers.
Identifying and targeting new businesses and industries that the County wishes to
promote in order to diversity the economy of the County and meet the goals and policies
of the Comprehensive Plan.
Promoting cooperation and collaboration with the Economic Development Council and
other economic development agencies and organizations to develop a detailed economic
development plan for Jefferson County
.
.
.
.
18
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J.".r8on County, WA POPE RESOURCES REsa 698,00
Environment Element
1. GMA planning goal ten (10) (RCW 36. 70A.O20) encouragesjurisdíl:tions to "prot~ct th~
environment and enhance the state's high quality of life. including air and water quality, and
th~ availability of water."
'2. Jefferson County has adopted ordinances such as Shoreline i'vlanag~ment Master Program
(adopted on March 7,1989. and revised on August 16,1993. August 26.1996. and February
6. 1998) consistent with RCW 90.58 (the Shoreline Management Act). and the Interim
Critical Areas Ordinance (Ordinance No. 05-0509-94, adopted May 9. 1994 and amended by
Ordinance No. 14-0626.95 on June 26. 1995) which protects the values and functions of
Jefferson County's designated critical areas, as required by RCW 36.70A.060(2).
3. Jefferson County's discussion Draft Comprehensive Plan. released on February 24, 1997,
contained an Environment element that identified Jefferson çounty"s environmental
resources and included goals and policies that addressed environmental conservation and
protection and the protection of critical areas.
4. The Jefferson County Planning Commission, over a period of ten (10) months, deliberated the
Draft Comprehensive Plan in a public process and made revisions to the goals, policies and
strategies of the Environment elements. The Planning Commission released their
Recommendations to the Comprehensive Plan on February 2, 1998.
5. ße[\veen 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 Environment element.
6. The Board, on May 15, 1998, released Revisions to the Comprehensive Plan that included the
BOCC revisions made to the Environment element.
7. Be[\veen May 15 and July 31, 1998, the BOCC made further revisions to plan elements,
including Environment, based on legal review provided by the Jefferson County Prosecuting
Attorney's office and recommendations made by a comprehensive plan review team (the
Consistency and Closure Team).
8. Jefferson County. on July 31, 1998, released a Final Draft Comprehensive PI.an that included
the final revised Environment element.
9. Jefferson Counry's Comprehensive Plan contains an Environment element that includes goals
and policies that balance land development and environmental protection, and require that
Jefferson County review the Shoreline Management Master Program and the Interim Critical
Areas Ordinance and other environmental ordinances for consistency with the
Comprehensive Plan and amend them as needed to meet the goals and policies of the
Comprehensive Plan.
10. The environment element outlines Jefferson County's environmental protection strategy
which focuses on four essential components:
.
\Vatershed and fish habitat recovery management based on plans developed in
cooperative stakeholder groups. in order to better protect and manage water resources
19
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Je"er,on County, WR POPE RESOURCES R:~~4/~~~~ø~1:4ØR
.
and in response to proposed listings of fish species under th~ Endangered Species Act
(ESA).
Regulatory strategies for consolidated environmental revic::w 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.
.
.
II. The environment element also identifies Jefferson County's critical environmental areas,
including: aquifer recharge susceptible and vulnerable areas, frequently flooded areas,
landslide hazard areas, erosion hazard areas, seismic hazard areas, fish and wildlife habitat
areas, and wetlands, and contains goals, policies and strategies designed to protect these areas
form incompatible land uses. Maps of critical areas are contained in the Environment
element.
12. The Environment element includes goals, policies and strategies to guide the revision of the
Shoreline Management Master Program for the protection of shoreline resources consistent
with the Growth Management Act, the Comprehensive Plan, the Shoreline Management Act,
and other applicable laws. The policies affinn that upon completion of this revision, the
goals and policies of the Shoreline Management Master Program shall be incorporated as an
element of the Comprehensive plan, consistent with RCW 36.70A.480.
Essential Public Facilities
1. Jefferson County currently contains two designated essential public facilities: Jefferson
County International Airport (JCIA), and the Jefferson County Waste Management facility.
2. Jefferson County's County-wide Planning Policy, which serves as a framework for the
development of the Comprehensive Plan, contains policies addressing the siting of new
essential public facilities which are consistent with the provisions contained within the GMA
as RCW 36.70A.200.
3. Jefferson County's discussion Draft Comprehensive Plan, released on February 24, 1997
which did not include an Essential Public Facilities element.
4. Subsequent to the release of the Draft Comprehensive Plan. an Essential Public Facilities
element was added to the Comprehensive Plan to ensure consistency with the County-wide
Planning Policy. to address the County's existing essential public facilities, identify
procedures for siting new essential public facilities, and ensure that new and expanding
essential public facilities are not precluded by plan goals or policies.
5.
The Jefferson County Planning Comm ission, over a period of ten (10) months. deliberated the
Draft Comprehensive Plan in a publ ic process. during which time, the Essential Public
Facilities element was reviewed and revisions were made to the goals, policies and strategies
of the element. The Planning Commission released their recommended draft comprehensive
plan on February 2, 1998.
20
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Jerrer.on Co~nlY, WA POPE RESOURCE
(,. Bctw~l:n February:! and May 15,1998. thl: Jt:fferson 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 Bnaru. on May 15. 1998. released Revisions to the Draft Comprehl:nsive Plan that
included the revisions made to the Essential Public Facilities element.
3.
Between (vlay 15 and July 31. 1998. the Board made further revisions to Plan elements,
including the Essential Public Facilities element. based on legal review provided by the
JetTerson County Prosecuting Attorney's office and recommendations made by a
comprehensive plan review team (the Consistency and Closure Team).
9. Jefferson County, on July 31, 1998. released a Final Draft Comprehensive Plan that included
the revised Essential Public Facilities element.
10. Jefferson County's Comprehensive Plan contains an Essential Public Facilities element that
includes goals and policies that identify a process for siting new essential public facilities,
and address future development at Jefferson County's International Airport essential public
facility.
11. The Essential Public Facilities element contains guidelines and polices that provide for a
process and a set of criteria to be used to identify sites for the development of those facilities
classified as essential public facilities.
12. The Essential Public Facilities element also provides for a coordinated interjurisdictional
approach to siting new essential public facilities and for the expansion of existing essential
public facilities.
Port Ludlow Master Planned Resort
\.
Amendments to GMA legislation in 1997, specifically RCW 36.70A.362, authorize
jurisdictions to recognize and include existing resorts as master planned resorts which
may constitute urban growth outside of urban growth areas as limited by RCW
36.70A.362.
2.
RCW 36.70A.362 defines an existing resort as a resort in existence on July I, 1990 and
developed, in whole or in. part, as a significantly self-contained and integrated
development that includes short-term visitor accommodations associated with a range of
indoor and outdoor recreational facilities within the property boundaries in a setting of
significant natural settings.
3.
RCW 36.70A.362 further states that an existing resort may include other permanent
residential uses, conference facilities, and commercial activities supporting the resort, but
only if these other uses are integrated and into and consistent with the on-site recreational
nature of the resort. .
-I.
Port 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
recre;:¡tion and resort/convention facilities.
:21
5.
6.
7.
8.
9.
10.
11.
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Jefferlon County, WFI POPE RESOURCES RESO 69B.00
Over time. the development plan was revised which entailed the decrease of the total
nllmb~r of residential dwelling units and the addition ofa marina. a golfcourse and a
commercial center.
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.
In 1993. the Port Ludlow Final Environmental Impact Statement was adopted by
JdTerson County which examined the environmental impacts associated with the phased
development of additional residential units. the addition of 47.500 square feet of
commercial space. a 36-room Inn. expansion of the existing marina. construction of a
new golf course clubhouse. development of recreational trails and supporting
infrastructure, and designation of 815 acres as permanent open space. Additionally, the
EIS proviqed for sewer and water connections to accommodate the 2250 residential units
and associated Master Planned Resort activities. The developers continue to address on-
site and off-site infrastructure impacts through project-specific mitigation and conditions
of approval.
Because of its urban and suburban-style development pattern. Port Ludlow was
considered in Jefferson Counry's County~wide Planning Policy (# 1.4) as being
-'characterized by urban growth."
In 1994, Jefferson Counry adopted Ordinance #02-0110-94, designating Port Ludlow as
.an Interim Urban Growth Area.
In 1994, the Western Washington Growth Management Hearings Board invalidated the
designation of Port Ludlow as an Interim Urban Growth Area and stipulated that the
County must complete a land use and infrastructure analysis prior to designating Port
Ludlow an IUGA.
[n 1996, Jefferson County adopted an Interim Gro\ltlh Strategies Ordinance (#05-0214-
96) designating Port Ludlow as a Planned Rural Community based on criteria codified in
section 2.70 of said ordinance.
12.
[n 1995, the Port Ludlow Planning Committee. comprised of Port Ludlow residents and
established at the request of the Jefferson County Board ofCounry Commissioners,
submitted a 20-year Plan that articulated the Community's goals and policies for the
development of Port Ludlow.
13.
In 1997. Jefferson County released a Draft Comprehensive Plan which included many of
the goals and policies identified in the Port Ludlow 20.year Plan and proposed the
designation of Port Ludlow as a Master Planned Community and Resort.
14.
In 1997, during review ofthe Draft Comprehensive Plan by the Jefferson County
Planning Commission. Port Ludlow was designaced as a Master Planned Resort/Master
Planned Community b~callse of its resort and residential components.
15.
In 1998. during review of the Jefferson County Comprehensive Plan as Recommended by
the Jefferson County Planning Commission. the BOCC designated Port Ludlow as a
1.,
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Jeffer.on County, WA POPE RESOURCES REse 6SB.me
Master Planned Resort based on its phased development patterns and because it meets the
critt.:ria for existing master planned resorts codified as RCW 36.70A.362.
I ó.
Th...: HaCC finds that. because of its development history and patterns of development.
th...: land on which Port Ludlow is located ¡.s determined to be better suited and has more
long-term importance as a Master Planned Resort than for the commercial harvesting of
timber or agricultural production.
17.
JdTcrson County's Comprehensive Land Use Plan specifically identities policies to guide
development of the Port Ludlow Master Planned Resort.
13.
Jefferson County's Comprehensive Land Use Plan designates the surrounding area as
rural residential and/or forest resource lands, which precludes new urban or suburban
land uses in the vicinity of the existing resort.
19.
Port Ludlow's development according to its master plan and 1993 EIS is consistent with
Jefferson County development regulations established for critical areas. All applications
for new development are reviewed for critical area concerns.
Capital Facilities Element
I. RCW 36.70A.O70 (3) identifies a Capital Facilities element as one of the six mandatory
comprehensive plan elements.
2. Jefferson County's Draft Comprehensive Plan, released on February 24, 1997.
included a Capital Facilities Element that contained goals, policies and strategies
pursuant to RCW 36.70A.O70 (3). .
3.
Jefferson County Planning Conunission public meetings conducted throughout 1997
culminated in a final public hearing on the Capital Facilities element on January 14,
1998 wherein the Capital Facilities element was adopted as amended. The Planning
Commission recommended Capital Facilities element was issued on February 2,
1998.
4. Based on public workshops conducted on February 23, 1998; March 9, 1998, and
April 23, 1998, the Jefferson çounty Board of Commissioners proposed revisions to
the Jefferson County Planning Commission recommended Capital Facilities element.
In the public workshops referenced above, the Board of County Commissioners
revie\ved the level of service standards and the six year capital facilities concept plan
adopted. and selected the adopted six-year capital financing plan that includes two
funding strategies.
5. The Capital Facilities element includes an inventory of existing capital facilities
owned by Jefferson County including name. location. and capacity: and a forecast of
the future needs for these facilities.
..,~
_J
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J8"8r1On Count v , WR POPE RESOURCES REIO S9B.00
6. ['hI.: Capital Facilities element includes level of service standards for all existing and
t"lltun: 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
tinanct.: Jefferson County capital facilities based on identified revenue sources and
projectc::d funding capacities.
8. The capital facilities element policy CFP 3.2 identifies the requirement to reassess the
Comprehensive Plan if probable funding falls short of meeting existing needs:
therefore. ensuring that the Land Use element, the Capital Facilities element, and the
Capital Facilities element capital facilities financial plan are coordinated and
conSistent.
9. The Jefferson County Prosecuting Attorney conducted a preliminary legal review,
dated May I, 1998, and a final legal review, dated August 7, 1998, of the capital
facilities element.
Utilities Element
1. RCW 36.70A.O70 (4) identifies the Utilities Element as one of the six mandatory
comprehensive plan elements.
2. Jefferson County's Draft Comprehensive Plan, released on February 24,1997,
included a Utilities Element that contained goals, policies and strategies pursuant to
RCW 36.70A.O70 (4).
3. Jefferson County Planning Commission public meetings conducted throughout 1997
culminated in a final public hearing on the Utilities Element on January 7, 1998
\vherein the Utilities Element was adopted as amended. The Planning Commission
recommended Utilities Element was issued on February 2. 1998.
4. The Utilities Element includes general current utility locations and existing and future
capacity needs and requirements of utility facilities in Jefferson County.
5. Based on public workshops conducted on March 26, 1998 and April 23, 1998, the
Jefferson County Board of Commissioners proposed revisions to the Jefferson County
Planning Commission recommended Utilities Element.
6. The Jefferson County Prosecuting Attorney conducted a preliminary legal review,
dated May 1, 1998. and a final legal review. dated August 7, 1998, of the Utilities
Element.
24
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Jefferlon Count v , WR POPE RESOURCES RESO 599.00
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.
25
APPENDIX "c"
JEFFERSON COUNTY
S TO R1v1W A TER MAN A G E"MENT 0 RD IN A N CE
ORDINANCE #10-1104-96
EFFECTIVE DATE: February 2, 1997
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111111\ ~IIIIII \ 1111\ ~III 11111111111111 ::~~;~~::,
Jefferlon County, WR POPE RESOURCES RESO 598.00
JEFFERS ONe 0 UNIT
State of Washington
In the Matter of Adopting the
Stonnwater :Management Ordinance
}
}
ORDJN"ANCE NO. 10-1104-96
STOR...\1WATER MANAGEMENT ORDINANCE
SEcrION 1: FINDINGS OF FACT, NEED. AND PURPOSE
1.1 Findinlls of Fact
The County CommissiODer3 of Jefferson County hc~by find that:
A.
Rc::H 90.70 created the Paget ScUDd Waler Quality Authority for tbe purposes cited in RCW 90.70.001.
B.
Tho 1991 Paget Souad Water Quality MaMgement Plan (plan), (revised May, 1994) ~uires th,ar=
L
All citi~ and counties in tbe Puget Sound basin sb.1.U adopt ordin<mœs requirin¡;: stormwater
controls for new development and redev~¡opm~nt, These ordinances are to address:
a)
The control of off-sire water quality and qu:mtity (as related to qu.a1ity) impactS:
b)
The use of source control best management pncticcs and tre::1tment best management
p~tices;
c)
The effective treatment. \1SÍDg best managemcmt pnctices. of. the storm size and
frequency (design storm) as spedfi!d in the Stonnwater Ma.cagcIDent Manual for the
Puget Sound Basin for proposed development;
d)
The use of infiltration. with appropriate precautions, as tbe first considenåon in
stormwaœr nunJLgement;
e)
The proœcrion of stream channels :ll\d wetlands; and
f)
Erosion and sedime.at control for new construction ~d redevelopment projectS;
2.
Each. jurisdiction shall adopt a storm\lo'ater management. manual cont:UnÏtlg best management
pncticcs (BMPs) for the standards herein in conjunction with the Stonnwater Management
Ordinances.
3.
To be consis[CQ[ with the expected growth management planning sc:hedull:S all counties shall
incorporate the Plan starmwater considerations into critical area ordimwces, county wide
policies. comprehensive plans. and implementation regulations; adopt ordinances and
stonnwaœr manuab; and cotDply with the operation and maiatenance program requirementS by
January 1, 1995.
1.2 Need .
The Board. of County Commissioners find that this ordinance is ne:cessary in order to comply with. the 1991
(revised May, 1994) Puget Sound Wara Quality Maoagemcnt Plw, and to meet the applica.ble goals of the
Growth Management Act, RCW 36.10A.
1
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J.,'.rlon County, WA POPE RESOURCES RESO 698.00
1-3 Puroose
The purpose of this ordinance is ta~
A.
B.
c.
Adopt a starmwater manag~ment manU31:
Adopt ÙlIeShalds far det~rmining development requirementS; and
Provide a meaIl$ of regulating land distUrbing activities on private :md publ.ic land aDd subsequent
starmwater runoff.
The provisions of Ibis ordîn.ance are to guide and advise all who conduct new development or red.evdopment as
defined in S~tion 3. L The proVÎ$iocs of this ordinance establish the level of compliance that must be met to
permit a property from wmch S[Q-rmwaær flows into or poteothally flows into the Puget Sound Basin to be
developed or redeveloped within Jefferson County.
SEmON 2: GE..'ŒRAL PROVISIONS
2.1 Stonnwater mana~ement manual adopt~
The Stormwater M.3.ru1gem~nt ManU.:l.t, for the Puget Sound Basin, (cuITent e.dition). as publishl!d by the
Washicgton Sta1e D~artment of Ecology J is hereby adopted by reference and is he~iIDúter refem!:d to as the
Manual.
2.2 Definitions
For the purpose of this ordinance, deflnitiocs shall be as listed below or as are conl~ued in the Glossary and
Noution in the Ma.aual.
A.
Basin Pl.:m . A plan and all implementing regulations and procedures. including but not limited to land
USð man;J.gement adapted by ordinance, for managing surface and storm water quality and quantity
management facilities and features wÜhÎn iDdividual subb.tsms,
B.
Best Management Practìces (BMPs) - Physical. structural, and/or managerial practices that, when used
singly or in combination. prevent or reduce pollution of water and have been approved by Department of
Ecology for stormWater managcment in the Puget Sound basin,
c.
Closed record beari:cg: A public bearing for the purpose of appeal following an open record public hc:uing,
when the appeal is On the record with nc or limited new evidence or infDC'IDalion allowed to be submitted and
oaly appeal argument allowed.
D.
Commer1:ial Agriculture - Those activities conducted on laDds defined in RcW 84.34.020(2), and
activities involved in the production of creps or livestoCk for wholesale rnd.s. An activity ceases to be
considered commercial agricultUre when the arœ on which it is conducted is proposed for conversion to a
n.ol1ôl.gricultural use or has lain idle for more than five (5) years, unles.s the idle laDd is registered in II.
federal or Statð soils conservation program or W1less the activity ìs maintenance of irrigation ditches,
later:als. c:mals, or drainage ditche.s related to an existing and ongoing agricultUral activity.
E.
Forest Practice - AzJ.y activity conducted. 011 or di~tly peru.in.ing to fo~t lanrl and ~lating to growing,
lurvesting, or proc.es.sing limber, including bue not limited to:
1.
2,
:3.
4.
5.
6.
7.
8.
Road and trail consrrucrion;
Harvesting, final and intermediate;
Precommen:îal th.inning;
Ref 0 res ta. ti a Do;
Fertilization;
Prevention and suppression of di".....""s and insects:
Salvage of tzu:s; or
Brush conrIo!.
2
F.
G.
H.
L
1.
K.
. N.
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Jefferlon County, WA POPE RESOURCES RESO 698.00
He3ri.ng Enmine. - ~ the office of tho Ieffel"SOn County Hearin.g Ex.aminer as esublished by
Jefferson County OrdiDance No. 1"'{ 318.91 , and as amended.
Impervious Surface - me.ans a bard surface a.rea which either prevents or ~wds the entry of water into
the soil mantll3 as under natural conditions prior to development ;rod/or a. bard surface area. whi¡,;h c.ause.s
wa..t:er to run off the surface in gr=ter qu.mtities or at an increa.sed rate of flow from tho flow present
under naNral conditions prior to development. Common Î1.nperv\OUS surfaces include, but are Dot limited
to, roof tops, walkways, patios, driveways, parking locs or storage areas, concrete Or 2.5ph.1.tt paving,
gnvel roads, packed earthen m;l.Ieña1s, and ailed, macada.tn or other surfaces tbat similarly impede the
naroral in£iltn.tion of sù:Jrmwaìer. Open, uncovered retention or detention facilities shall not be
considered as impervious surfaces.
Infiltntion - means the doWDwud movement of water from the surfacl!I to the subsoil.
L.and DistUrbing Activity - means my activity that rc..sults in a change in the existing soil cover (both
ve~etative and non-vegetative) and/or the existing soil topography. Land distUrbing 2CQvitie.s include,
but are not limite.d to, demolition. construction, clearing, grading, filling and ~xc:avarion.
urge Parcel Erosion and S~iment Comrol Plan or "LPESC P13.n. - a plan to iItlplemeat BMPs to
control pollution genented during land disturbing acrivity, Guic1ance for preparing a LPESC Plan is
coauincd in Chapter TI-4 of the DOE Stormwater Management Manual.
New Development. means the following activities: land disrorbing activities. structural. development,
including construction, instAllation or expansion of a. building or other structuri:; crction of impervious
surface.s~ Class IV ûenerel forest practices that ate conversions from timber land to other- uses; and
subdivision and .short subdivision of land as defined in RCW 58.17.020. All other forest practices and
commercw agriculture are not considered new development,
1-
Open record bearing: A public bearing conducted by the Hearing E:l:anUner that creates the County's record
through teStÌmony and submission of evidence and information.
M.
Permanent Stormwater Quality' Control (PSQC) Plan - 3. plan that includes permanent BMPs for thCl
control of pollution from stormwater runoff after construction. andior land distUrbing activity hó1.s been
completed. For small sites, this requirement is met by implementing a SmJlll P:m:el Erosion and
Sediment Control Plan, Guidance on preparing a PSQC Plan is contained in Cbapter 1-3 and Chapter 1-4
of the DOE Stormwater Management Manual.
Puget Sound Basin - Puget Sound south of Adminlty Inlet (including Hoo<l Cmal and Santoga Passage);
the waters north to the C3Z\adian border. including portions of the St~it of G~rgîa.; the Strait of Juan de
Fuca south of the Canadian border; and all the lands draining into these waters. as mapp<=d in Water
Resource..<; Inventory Areas numbers I through 19, set forth in WAC 173-500400,
O.
Redevelopment - On an alnac.1y develo~ site. the creation or additiot1 of imper'Vious surfaces, structunl
develop=nt ÛJcluding construction, installation or expansion of a building or other Stn.¡c~.m:, andior
repla.c.ement of impervious surface that is not part of a routine IIlamtenance activity; and land disturbing
activities associated with structural or impervious redevelopmeat.
P.
Small Puœl Erosion and Sl!:diment Control Plan or .SPESC Plan" - a plan for .small sites to implement
temporuy EMPs to control pollution genented during thCl construction phase only, primarily erosion and
sediment. Guidance for preparing a. SPEsC Plan is contained in Ch;¡,pter 1-3 of the DOE Stormwater
Management Manual,
Q.
SLOrmwatl!r - That portion of pre:.cipiution that does not D;¡,tu~lly percolate into the ground or Clvapor;¡te,
but flows via overland flow, mterflow, channels or pipes into a defined surface water cha.anel, or ;¡,
constructed infiltration facility-
R.
Water Qu.ality - A term used to describe the chemic::ù, physic.al~ anc.1 biologic.al characteristics of water.
usually in respect to itS suitability for a particular purpose.
3
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J8"8rlon County, WA POPE RESOURCES REBO 698.00
2.3 Abro~at:ion and ~reater restrictions
It is not intended that this c:hapter repeal, abrog¡¡te, or impair iIlIY existing regulations, es.sements. covenants, or
deed restrictions. VIhen any provision of any other Coumy OIÙiDance conflicts with this ardina..r1œ, tbt which
provides more ~viroJJ..Ul.e.Qtal protection'sha.1l apply unless specifically provided. otherwise in this ordinance.
2,4 Applicabilitv
Regula~ ~tivities under this ordinanc:e shall include aU propoSêd land use when new development md
redevelopment above threshold limits as set within this ordinance would oc.c:ur, within the unincorporated limits
of Jeffe.r:sou County where startnwater flows into ar potentially flows into the Puget Sound basin.
Permit and development applicatÏODS including but not limited to the feUowing shan comply with requil'ements of
this ordinance:
A.
Building permit applications made under the Jefferson County Building Cod~ Ordll1anct:;
Single Family Residential: Mobile/Manufacrured. Modular, Site Built, Additions;
Multi-F:uni1y Residential: Duplexes, Fourpl~xes, Condominiums, Apartment Houses;
CoJ:DIIU:rcial. including additions;
Industri.a.l, including additions;
(Radio and' Cellular) Towers;
Above and Below Ground Storage Tanks;
Additions and Renavaåons.
B.
AppliC3ÛOIl!3 for Sewage Disposal Permits r:nade uncler Jefferson County Ordinance No. 277, and/or
246.272 WAC, Rull!.S and Regulations for On-Site S~wage DisposaJ Systems, or any ordinance adopted
or amended thereafter.
c.
Applications for approval under the Jefferson County Zoning Ccxle. No, 9-0801.94, 0'1' mning control
adopted or amended thereafter.
D.
Applications for approval unckr the Jefferson County Subdivision Ordinat:lce. No. 4-0526-92. as
amended,
E.
Appli=tions far approval under, the Jefferson County Camper Club Ordinance. No. 3-80. as amended.
F.
AppHc.aûons for shoreline substantial development permits and permit exemptions umler the Jefferson-
Port Townsend Shoreline Ma.aagement Master Pragf<l.m, as amended.
G.
Applications for Class IV General forest practices permits or forest prac:tice$ permits that include
conversion option harvest plans.
H.
Applications reviewed under the provisions of tbe Jefferson County Critical Areas Ordinance.
2.5 SevenbiHtv
If any provision of this ordinance or its application to any persoe. entity, or cÎrcumsmnce is held invalid. the
rem.a.inder of this ordinance or the application of thIS provision to other persons. entities. or circumsWlce shall not
be affected.
4
11111111111111111111 II ~'~~?'~41
J.ff.rlon Count V , WFt POPE RESOURCES =~~~4/~~~~0~1 :40Ft
SEen 0 N 3; REG UU TED A CTIVITIES
3.1 RellDlilted ,ctiviri~
Jefferson Countysh.all approve or disapprove all neW development and/or redevelopmenc when above the
~olds conuined. in Section 4 of th.isardin;mce, unless ~xempted in Secdon 3.2 below.
3.2 E-,;-emotions
Comm~i;ù agriculture. and forest pnctices reguIatc.d under Title 222 WAC, except for CÙlSS IV Ge:n!:ral for2St
practices permit applications that. are conversions from timber lanc1 to other uses anc1 forest practices permit
applications that include conversion option harvest plans.
SECTION 4: AFPROV AL STAi.'{DARDS
4.1 Minimum StormW<l.ter Mana!lement ReQulre'me'M[s
A. The following new development and redevelopment shall be reqIJiwl to implement an 3pprov~ Small
Parcel Erosion and Sediment Control Plan:
B.
C.
1.
Individual, det.:lched sing I=, family residenr;=s and duplexes cre:lting or adding less than 5000
square feet of impervious surface development. Individual detached síngle family residences and
duplexes crating or adding less than 3000 square feet sh:lll [allow BMPs but are not be required
to submit a plan.
2.
CreaÛon or :r.ddition of less than 5000 squ.:uo feet of impervious surface 2J:ea. for projects other
than individual detached single family residences and duplexes and associated appuI1enanc=s.
3.
Land disNrbÏDg activities of more than 10,000 sqrJ.3re feet and less than ace acre. Land
disturbing activities of less than 10,000 square feet shall follow BMPs but will noc ~ requiroi
to submit a plan.
All development creating or adding II!SS than 5,000 square feet of impervious surf:1ce 3.1"ea, where
~lting impervious :r.reas comprise grl!atcr than SO perc:~nt of the total site si~1 shall be required [Q
implement an approved Small Parcel Erosion a.c.d Scdiment Control Plan and II Permanent Stormwuer
Quality Control Plan.
All new development that itIc1udes the crc:1tion of 5000 square f~t or greáter impervious a(1:.3, and land
distUrbing :u:tivities of less tb:m one :lcre sba.l1 be required to implement an approved Small Parcel
Erosion and Sediment Control Plan and a Permanent Storrowater Quality Control Plan.
D.
Land disturbing activities of mare than one acre sh3.11 ~ requirW to implement an åpproved Large parcel
Erosion snd Sediment Control Plan and a Permanent Stonnwater Quality ControL P1.an...
E.
AIl redevelopment that adds or creates 5000 square feet or greater impervious an.;¡ or land disturbing
acûvities more tlwl one acre shall be required to implement an approved Large Parcel Erosion and
Sediment Control Plan and a. PerrnanenC Stormwater Quality Control Plan. Source control BMPs shall be
applied to the entire ¡ire,
F.
In addition to the above requirements, for all new development or redevelopment where one or more of
the fallowing conditions apply, 3. starmwarer management plan shall be prepared that includes a scheduLe
for implementing the minimum:requi~ments for the enûre site, including adjoining p:uœls if !:bey ~
part of eM: project. An adopted and imple~nted basin plan (Minimum Requirement #9) may be used to
genernte redevelopment requiremc!nts that 3rtS tailored to a. specific basin.
1.
~sting sites ~ter than ODe acre in size with SO % or more impervious surface.
5
111111111111111111111 :~~~\~,
J8"8rlon County, WA POPE RESOURCES RESO 698.00'
2-
Siœs that dischuge to a receiving ware: that bas a documented water qu.al.ity ptOblem. Subject
to local prioritiC9. a 'documented water qua..lity probh:m includes, but is not limited to. water
bodia!l: as listed in Washington St3.tf: Department of Eçology reports required under Section
303(d) of the Oean Water Act.
3.
Sites where thIS need for additional stormwarer control zru:asures have been identified through a
basin plan. the watershed ranking process under ChAOO-12 WAC, "Local Planning and
Management of Nocpoiat Sourca Pollution-, Puget SoUIld Water QuaIity Authority. or through
Growth Management Act plann.i.cg.
4.2 Gt:nenll
Regulated 3I:tivibe$ shall be conducted eely after Jefferson County approves a Storm.w:u:er Site Plan which
includes one or mot'C of the following as required by this ordinance:
A.
B.
c.
SmaH Pu'CeI Erosion and Sediment Control (SPESC) Plan - Small Parcel Erosion and Sediment Control
Plans shall comply with SaullP:w:et RequirementS 1 through 5 of Section 1-2.3 of the Manual.
U-1'1e Parcel Erosion md Sediment Control (LPESa Plan - Latge Parcel Erosion and S&limeat Control
Plans sh.3ll comply with Minimum Requirement #1: Erosion and S<=dimenc Control of Section 1-2.5 of the
Man u.a1. -
PeT'manent $tormware-r Qualitv Control (PSOC) P1an - Penmlllent Stormwatcr Quality Control Plans shaH
comply with M;n;ml.1m Requirements If1 through'll in Sections 1-2.6 through 1-2.15 of the Manual.
SECTION 5: ADMnITSTRATION
5.1 StoI1T\water AdnUnistrdtor
The Board of County Commissioners will de.sigyt.:lte an administrator who will be trained in stormwater
mmmgemea.t. The Admiaistn.tor:
A.
Will assist the public in the intetpretanon and application of this ordinance which may include, but is not
limited to, making available flow charts, matrices, Slmdard drawings, and educ:arion<1l material. that
wouJd aiQ in the understanding and requirements of the ordinance.
B.
Will assist tb.ose submitting project applic:uioos to prevent violations of this ordinance or violations of
Best Management Practices.
C.
Shall have thtI authority to develop and implement administrative procedure.s to adrrünistCl" and. cnfol"Cð
this ord.i..naI1ce 8J1d further may vary from thIS performance standards of the Manual for the purpose of
protecting water quality based on a writte:s finding of fact that addresses the following:
1. The variaDc::e provides equiv&leat environmental protection and is in the overridÍDg public int~t; and
the objecùve:s of safety, function. environmental protætion and facility mainte.nanc.e, based upoa sound
engineering, ue fully met;
2. Th£:re are special physical cirt:Wl1Stance.s or conditions affecting the property such that the strict
applic.acion of these provisions would deprive the applicant of all reasonable use of the parcel of land in
question. and l!Nery effort to find creative ways to meet the intent of the minimum standards h:1s ~[l
made ;
3. Gr-anting the variance will not be detrimental to the public health and welfare, cor injurious to other
properties in the vicinity and/or downstIQID. and to the qu:lity of waters of the state; and
4. The variance is the lust possible variance \hat could be granted to comply with the inœot of the
Minimum Stormwater Management Requiremeats.
6
D.
E,
1111111111111111111 ~~¡~~;:~U,
Jeffer8on County, WA POPE RESOURCES RESO 698,00
May approv~, ¡;(]nditionally approve, or deny an appliatian for activities regulated by this ordinance.
Will have ant.hority to inspect projects at various stages of the work. and may I1:quire approval to
determine that adequate control is being exercised, Stages of work requiring inspcçtìon include, but are
not limited to, prc-<.onstrUction; installation of BMPs; land disturbing activities; ÌI15t.a.ll31ion of utilities;
lan~ing: reUÌDi.Dg walls; xnd completion of project, Wben required by the Administrator, special
inspectioa and/or testing shall be performed.
5.2 H~rinl" 'Euminer
The Hearing Euminer's duties shall be as set forth in this ordinance and i.n the Jefferson County Code Chapter
2.OS Hearing Examiner.
SECTION 6: E..~FORCEMENT
6,1 General
~ choice of eaforcement action and the severity of any penalty shall be bas&i on the following:
A.
Whether the violation was intentional;
B.
DaID3gc to water q~1ity;
c.
Risk to the public or to public resources;
D.
Damage to private property.
6.2 Stot! work ord~
The Administrntor shall have the mIhority to serve a. penlon a stop work order if an action is being undertaken in
violation of this ordinance. The Administr;¡tar will attempt to cause violations to be cornered prior to Ù>suing a
stop work order unless a thre.aL to water quality is imminent.
6.2.1 CQt1tent of Order
The Ordt:r shall contain:
A.
A description of the specific nature, e~tent, and time of violation and the damage or potential da.mage;
~d .
B.
A notice that the violarion or 'the potential violation cease and desist, and, in appropriatls c:;¡ses, the
specific corrective action to be w<:en within a. giveA time. A civil penalty und=r Section 6.3 ~Iow rm.y
be issued with the Order.
6.2-1 Notice
A stop work order shall be imposed by a notiœ in writing, either by certified mail with retUrn receipt requested.
or by personal service, to the person incurring the same.
6.2.3 Effec;tive Date
The stop work order isiUed under this section shall become effective immediatðly upon =ipt by the person to
whom the order is directed.
6.2.4 Comolill"ce
Failure to comply with the terms, of a stop work order shall result in -=nfon:ement actions iI1c1l.1ding, but not
limited to, the issuance of a civil penalty.
6.3 Civil Penal tv
Waier qnality is of prime import.aDce. An costs to return .violation to compLia.D~ with plans a.od prudent activities
will be the mpon:sibi1ity of propetty owner.
7
IIIIIUIIII H IIIIIIIII~IIIIIIIII ;:4~~~~~':'
J.".rlon Col.lnty, WR POPE RESOURCES RESO 69B.0e
In addition. a peX'SOD. wbo fails to comply with the requirements of this ordinance, who fails to conform to tho
terms of an approval or order issued, or who fails to comply with a stop work order issued under these ~gulations
sh.all be subj=ct to a civil penalty. S.:ùdpen3lty shall be imposed by the Administrator wbo shall consult with the
Prosecuting Attorcey prior to imposing any such penalty.
6,3.1 Amount of Penalty
The penalty &.hall DOt be less than S 25.00 Of exceed S 1000.00 for each viol.1.tion.
violation or repeated vio1:l.tion shall co:cstitute a separoUe violation.
bch day of continued
6.3-2 Aldin!! or Abetrinl!.
A.IJ.y person who. through an act of commission or omission, aids or abets in the violation sbaU be considered to
have committed a vioÙLtÌon for the purposes of the civil penalty.
6.3-3 Notice ofP~altv.
A civil pMalty shall be imposed by a noçice in writing, either by certified mail with rerum roceipt requested or by
peISonal service. to the peISOn incurring the same from the County. The notice slull descri~ the vioLation,
approximate the date(s) of violation, and shall order the acts constituting the violation to cense and desist, and. in
appropriate cases, require necessary corrective action within a specific time.
6.3.4 Acc1ic:;¡tiofl for Remiss'Ïon or Miti!!:uion.
AIly persOIl incurring a. peDalty may apply in writing within 14 clays of receipt of the pënarty to the Administntor
for remission or mitigation of such pen:1[ty, Upon receipt o{ the 3pplication, the Administrntor shall schedule and
provide public Dotice of an open record public bearing before the Hearing Examintr to cons¡d~r the appeal.
NotitiC3t1on of the public he.:aring sh:1l1 be cocsiste¡H with S~rion 19 of the J~ffuson County Zoning Code,
Ordinance No.09-O801-94. The Hearing Exanú.aer may ~ommclld to the Board of County CommissiolleIS to
remit or mitigate the penalty only upon 'a dcmonsmtion of ~;>;.tr3ordinary circumstances, such as the presence of
information or factors not considered in setting the original peaalty.
6.3.5 Appeal of Civil Penalty.
The recommendation of the Hearing Examiner shall be forwarded to ¡he Board of County CommissioneIS. The
:Soard shall review thl!5 recommendation in a public meeting. If after review the Board dums that a change in the
recommenda!ion is necessary, the Board shall schedule and provide public notice of a dosed record public he:.¡ring
to adopt itS own findings of fact and conclusions. Notification of the public hearing shall be consistent with
Section 19 of the Jeffl!5J"Son County Zoning Code. Ordinance No.09....Q801-94. The Boa!d of County
Commissioners shall remit or mitigate the penalty only upon a demoDstr'3.tion of e"traordinary circurnsta.nc~J such
as the pres.!IlCC of information or facto~ not cOI1sid~rcd in setting the original penalty.
6.3.6 Penalties due
. Pea.alties imposed under this Section shAll become due and payable 30 days after receiving notice in writing unless
applic.atioD for remission or mitigation is made or an appal is filed. Whenever au 3ppli~tioQ for remission or
, mitigation is made. penalties shall bcc.ome due and payable 30 days after receipt of the decision ~garding the
remission or mitigation. Whenever an appeal of a penalty is filed. tbe penalty shall be:om.e due and payable after
all review proceedings and a fiIW decision has be211 issued by the Board of County Commissioners confirming aU
or part of the petlalty. If the amount of a pena..lty owed the County is not paid within the time specified, the
County may take actions necessary to recover such perull£)'.
6.3 - 7 Pen~l rv pxovc1?Jd
Penalties r=Qver-ed shall ~ paid to a fund dediC3ted to public education and 3.Ssistance for helping applic:.ants
comply with this ordinance and the stormwater IIl3Ilagement progr3IU.
6.4. Criminal Misdemeanor Penaltv
ADy penon who fails to comply with thl!! requirements of this ordinance, who fails to conform to the tenn.s of an
approval or order issued. or who fails to, comply with a stop work order issued under these regu}.ations may also
be subject to cri.mina.1 prosecution as currently provided for under Jefferson County Code: Cbapt~I" 1.01.160
Violations . Penalti~.
8
sECTION 7: APPEALS
\ \,,~ 11\1 I~II 1"11 \\~\ "II \~,,\ \~ IIIII \"1 1"1 ~~~j~~~~~:.
J.ff.rlon County, WR POPE RESOURCES RESO 698.00
7.1 R3!!ht of atJpea]
Any decision of the Administrator may be appealed to the He.a.ri.og Examiner. All actions of the; Administrator
shall be final and conclusive. unless within 14 days of the date of the Administra.to~' action, the original
2t'p1iça,at at an adverse party gives written notice of appeal to the Administrator for ~icw of the action. The
notice sh.all specify the decision fOi wrocb review is sought and the grounds for r~iew- A In3iling address fOi the
appellant shall be itlcluded.
7.2 Metbod of Auoeal
The Hearing Examixn:r shs.ll r8VÎcw all decisiocs of the Administra..tor that arc appe:ùed at an open record public
hearing. ~ decision of the Hearing Examiner shan be forwarded to the Board of County Commissioners. The
Board sh.ill r=vÏew the recommendation in a public meeting, If after review of the Hearing Exa.min~r's
recomm.endation the Board deems a ch.a.rige in the recDramend.1rion necessary. the Board shall bold a closed r:c.ord
public hearing and adopt it! own fiDdings of fact and conclusions. The Hearing Examiner or Board of
Commissioners r:n;J.y prescribe conditions that are deemed necessary or desirable for th" public interest..
Norificarion of public hearings required under this Section shall be consistent with Section 19 of the Jeffe~n
County ZotW:Ig Code, Ordinanu No. 09-0801-94,
SECTION 8: FEES
8.1 Fees
The Admi.nistralOi is hereby aulhorized to collect fus fat the review of erosion control and stonnwater site plans
and variances. inspections of new development and redevelopment, and appeals of decisions of the Administr;¡tor
including civil penalties as provided for in the Department of public Works Fe.:! Schedule, Jefferson Count)' Code
Appendix ill Public Works Dep:utIIlent. .
SEmoN 9: EFFECTIVE DATE
9.1 Effective Date
The effective date of this ordinance shall be 90 cLays from the dale passed and adopted by the Boud of County
Commissioners. "JJ-
PASSED A.~ ADOPTED THJBCDA Y OF NOVEMBER 1996.
SEAL:
ATTEST:
F/!.?t~êrtf
9
TnTRI P . 1 VI
APPENDIX "D"
III~\IIIIII III~I\ 1\\ 11111111\ 111111 1111\111111\ 111\ ~~~:;\~::,
Jaffar.on County, WA POPE RESOURCES RESO SS8.00
ORDINANCE NO. 05-0509-94
JEFFERSON COUNTY INTERIM
CRITICAL AREAS ORDINANCE
May 9, 1994
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Robert Hinton, Chair
Glen Huntingford, Commissioner
Richard Wojt, Commissioner
Amended June 26, 1995
14-0626-95
I II~ II II IIII I~II III 11\1 III \1\1\ 1\11 III ~~~~~\~~
Jefferlo" COI.I"ty, WA POPE RESOURCES RESO 1598.00 -
TABLE OF CONTENTS
PURPOSES
. . . . . . . . . . . . . . . . . . . . . .
8BC'fI:ON 11
1.10
1.20
1.30
1.40
1.50
Findings
. . . . . . . . . . . . . . . . . . . . . . . . .
purpose - General
. . . . . . . . . . . . . . . . . . . .
Field Guide
. . . . . . . . . . . . . . . . . . . . . . .
Enactment. . . . . . . . . . . . . . . . . . . . . . . . .
Title. . . . . . . . . . . . . . . . . . . . . . . . . . .
DBYXHXTXOHS. . . . . . . . . . . . . . . . . . . . .
8BC'r X 0111 21
Genera 1 . . . . . . . . . . . . . . . . . . . . . . . . . .
2.10
2.20
2.30
2.40
Tense and Number
. . . . . . . . . . . . . . . . . . . . .
Interpretation
. . . . . . . . . . . . . . . . . . . . . .
Def ini tions . . . . . . . . . . . . . . . . . . . . . . . .
SCOPE. . . . . . . . . . . . . . . . . . . . . . . .
SBCTXON 3:
Coverage
. . . . . . . . . . . . . . . . . . . . . . . . .
3.10
3.20
3.30
3.40
3.5Ò
RelationShip to Existing Regulations
. . . . . . . . . . .
General Applicability. . . . . . . . . . . . . . . . . . .
Exemptions
. . . . . . . . . . . . . . . . . . . . . . . .
Nonconforming Uses
. . . . . . . . . . . . . . . . . . . .
ADHI:HI:STRATXVE ~UTBORI:TY AND RBSPONSI:BI:LXTY . . . . .
SBC'fXO1l 4:
4.10
4.20
4.30
4.40
planning Department. . . . . . . . . . . . . . . . . . . .
Department of public Works
. . . . . . . . . . " . . . . .
Hearing Examiner
. . . . . . . . . . . . . . . . . . . . .
Board of County Commissioners. . . . . . . . . . . . . . .
i
1.
1
6
6
6
6
1
7
7
7
7
17
17
17
18
19
19
20
20
21
21
22
. \ II~I\ 11\\ 1\ II \\1\\ I~\ 111\ III 1111\1 \1\ 111\ :~~~:~~~,
Je"erlon County, WA POPE RESOURCES RESO 698.00
.aCTIO)f 51
PROCESS AND ADKIXISTRATXO)f
.............
5.10 critical Area Determination. . . . . . . . . . . . . . . .
5.101 Triggering Application. . . . . . . . . . . . . . . .
5.102 Advance Determination. . . . . . . . . . . . . . . .
5 . 20 Process. . . . . . . . . . . . . . . . . . . . . . . . . .
5.201 Process - General. . . . . . . . . . . . . . . . . . .
5 . 202 permi t Required. . . . . . . . . . . . . . . . . . . .
5.203 Exemptions. . . . . . . . . . . . . . . . . . . . . .
5.30 critical Area Review Requirements. . . . . . . . . . . . .
5.301 Application Requirements - General. . . . . . . . . .
5.302 preapplication Consultation. . . . . . . . . . . . . .
5.303 critical Area Review Requirements. . . . . . . . . . .
5.304 Public Notice and Hearing. . . . . . . . . . . . . . .
5.40 critical Area Applications and Reports. . . . . . . . . .
5.401 critical Area Review of Triggering Permit
Applications and Reports - General. . . . . . . . . .
Findings .......................
Conditions. . . . . . . . . . . . . . . . . . . . . .
Appeal of Administrative Decisions. . . . . . . . . .
Time period for Review and Approval. . . . . . . . . .
Fees. . . . . . . . . . . . . . . . . . . . . . . . .
5.402
5.403
5.404
5.405
5.406
SBC'l'IOIi ,:
WBTLANDS
. . . . . . . . . . . . . . . . . . . . . .
6.10
Introduction
. . . . . . . . . . . . . . . . . . . . . . .
6.20
purpose. . . . . . . . . . . . . . . . . . . . . . . . . .
6.30 Classification/Designation. . . . . . . . . . . . . . . .
6.301 Classification. . . . . . . . . . . . . . . . . . . .
6.302 Designation. . . . . . . . . . . . . . . . . . . . . .
6.303 Sources Used for Identification. . . . . . . . . . . .
6.304 Wetland Maps ....................
6.40 Applicability and Waivers. . . . . . . . . . . . . . . . .
6.401 Applicability. . . . . . . . . . . . . . . . . . . . .
6.402 Wai vera. . . . . . . . . . . . . . . . . . . . . . . .
6.403 waiver Conditions. . . . . . . . . . . . . . . . . . .
ii
23
23
23
23
24
24
24
24
J
25
25
25
25
26
26
26
26
26
27
28
28
29
29
.
29
29
29
29
30
30
30
30
30
30
\ 11\ '11\ II 1"11 1\1\ "111'1"1 III '1'1'1 1'1 \,,\ :~~j~.~~~~,
JefferlQn CQunty, WA POPE RESOURCES RESO B9S.ØØ
6.50 Protection standards. . . . . . . . . . . . . . . . . . .
6. 501 General. . . . . . , . . . . . . . . . . . . . . . . .
6,502 Delineation. . . . . , . . . . . . . . . . . . . . . .
6.503 Drainage and Erosion control. . . . . . . . . . . . .
6.504 Buffer Marking. . . . . . . . . . . . . . . . . . . .
6.505 Buffers - standard Requirements. . . . . . . . . . . .
6.506 Reducing Buffer widths. . . . . . . . . . . . . . . .
6.507 Increasing Buffer widths. . . . . . . . . . . . . . .
6.508 Averaging Buffer widths. . . . . . . . . . . . . . . .
SBCTION 7:
CRI:TICAL AQUIFER RECBARGB AREAS. . . . . . . . . . .
7.10
Introduction
. . . . . . . . . . . . . . . . . . . . . . .
7.20
purpose. . . . . . . . . . . . . . . . . . . . . . . . . .
7.30 Classification/Designation. . . . . . . . . . . . . . . .
7.301 Classification. . . . . . . . . . . . . . . . . . . .
7.302 Designation. . . . . . . . . . . . . . . . . . . . . .
7.303 Sources Used for Identification. . . . . . . . . . . .
7.304 Reevaluation of Designation Criteria. . . . . . . .
7.305 Critical Aquifer Recharge Area Maps. . . . . . . . .
7 .40 Applicability and Waivers. . . . . . . . . . . . . . . '.'
7.401 Applicability. . . . . . . . . . . . . . . . . . . . .
7.402 Waivers. . . . . . . . . . . . . . . . . . . . . . . .
7.403 Waiver conditions. . . . . . . . . . . . . . . . . . .
7.50 Protection standards. . . . . . . . . . . . . . . . . . .
7.501 General. . . . . . . . . . . . . . . . . . . . . . . .
7.502 Aquifer Recharge Area Report. . . . . . . . . . . . .
7 . 60 Conditions. . . . . . . . . . . . . . . . . . . . . . . .
7.601 General. . . . . . . . . . . . . . . . . . . . . . . .
7.602 Basis for Conditions. . . . . . . . . . . . . . . . .
SBCTIOB 8:
FRBQUENTLY FLOODED AREAS
. . . . . . . . . . . . . .
8.10
Introduction
. . . . . . . . . . . . . . . . . . . . . . .
8.20
purpose. . . . . . . . . . . . . . . . . . . . . . . . . .
8.30
Incorporation by Reference
. . . . . . . . . . . . . . . .
8,40
Relationship to other Regulations. . . . . . . . . . . . .
iii
30
30
31
31
31
32
33
33
33
35
35
35
35
35
35
36
36
36
36
36
37
37
37
37
37
38
38
38
39
39
39
39
40
\ \"111 "III 111\ \"11 \111"1\ ~,,\ III 11"1\ III lit ~~~~~~~~,
J.ff.rlon County, WR POPE RESOURCES RESO 698.00
aJlCTZO.
91
GBOLOGZCALLY HAZARDOUS AKBAS . . . . . . . . . . . .
9.10
Introduction'
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9.20
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . .
9.30 Classification/Designation. . . . . . . . . . . . . . . .
9.301 Classification. . . . . . . . . . . . . . . . . . . .
9.302 Designation. . . . . . . . . . . . . . . . . . . . . .
9.303 Sources Used for Identification. . . . . . . . . . . .
9,304 Geologic Hazard Area Maps. . . . . . ..' . . . . . .
9.40 Applicability and Waivers. . . . . . . . . . . . . . . . .
9 . 401 Appl icabili ty . . . . . . . . . . . . . . . . . . . . .
,9.402 Waivers. . . . . . . . . . . . . . . . . . . . . . . .
9.403 Waiver Conditions. . . . . . . . . , . . . . . . . . .
9.50 protection standards. . . . . . . . . . . . . . . . . . .
9.501 General. . . . . . . . . . . . . . . . . . . . . . . .
9.502 Drainage and Erosion control. . . . . . . . . . . . .
9.503 Clearing and Grading. . . . . . . . . . . . . . . . .
9.504 vegetation Retention. . . . . . . . . . . . . . . . .
9.505 Buffer Marking. . . . . . . . . . . . . . . . . . . .
9.506 Buffers - Standard Requirements. . . . . . . . . . . .
9.507 Reducing Buffer Widths. . . . . . . . . . . . . . . .
9.508 Increasing Buffer Widths. . . . . . . . . . . . . . .
9.509 Geotechnical Report. . . . . . . . . . . . . . . . . .
9 . 60 Conditions. . . . . . . . . . . . . . . . . . '. . . . . .
9.601 General. . . . . . . . . . . . . . . . . . . . . . . .
9.602 Basis for Conditions. . . . . . . . . . . . . . . . .
SBOTIO.
10:
FISH AND WILDL:IFB HABITAT ARBAS . . . . . . . . . .
10.10
Introduction. . . . . . . . . . . . . . . . . . . . . . .
10.20
Purpose
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10.30 Classification/Designation. . . . , . . . . . . . . . . .
10.301 Classification. . . . . . . . . . . . . . . . . . . .
10.302 Designation. . . . . . . . . . . . . . . . . . . . .
10.303 Sources Used for Identification. . . . . . . . . . .
10.304 Fish and wildlife Habitat Area Maps. . . . . . . . .
10.40 Applicability and Waivers. . . . . . . . . .o, . . . . .
10.401 Applicability. . . . . . . . . . . . . . . . . . . .
10.402 Waivers. . . . . . . . . . . . . . . . . . . . . . .
10.403 Waiver Conditions. . . . . . . . . . . . . . . . . .
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J.rr.rlon County, WA POPE RESOURCES RESO 598.00
10.50 protection Standards. . . . . . . . . . . . . . . . . . .
10 . 5 a 1 Gener a 1 ..................... ,,' .
10.502 Habitat Management Plan. . . . . . . . . . . . . . .
10.503 Drainage and Erosion control. . . . . . . . . . . . .
10.504 Grading. . . . . . . . . . . . . . . . . . . . . . .
10.505 vegetation Retention. . . . . . . . . . . . . . . . .
10.506 Buffer Marking. . . . . . . . . . . . . . . . . . . .
10.507 Buffers - standard Requirements. . . . . . . . . . .
10.508 Reducing Buffer widths. . . . . . . . . . . . . . . .
10,509 Increasing Buffer Widths. . . . . . . . . . . . . . .
10.510 Averaging Buffer Widths. . . . . . . . . . . . . . .
10.60 Conditions. '. . . . . . . . . . . . . . . . . . . . . . .
10.601 General. . . . . . . . . . . . . . . . . . . . . . .
10.602 Basis for Conditions. . . . . . . . . . . . . . . . .
SBCTION
11:
SPECIAL RBPORTS . . . . . . . . . . . . . . . . . .
11.10
Waivers
. . . . . . . . . . . . . . . . . . . . . . . . .
11. 20 General Contents. . . . . . . . . . . . . . . . . . . . .
11.201 Scale Map and Written Report. . . . . . . . . . . . .
11.202 Impacts,Assessment . . . . . . . . . . . . . . . . . .
11.203 protection Mechanisms. . . . . . . . . . . . . . . .
11.204 preparer - Proof of Qualifications. . . . . . . . . .
, 11. 30 Consultants. . . .' . . . . . . . . . . . . . . . . . . .
11.301 Retaining Consultants. . . . . . . . . . . . . . . .
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11.401 General. . . . . . . . . . . . . . . . . . . . . ~. 57
11.402 Determining Accuracy & Sufficiency. . . . . . . . ., 57
11.403 Nonacceptance of Inaccurate or Insufficient ReportS. .57
11.50 Aquifer Recharge Area Report. . . . . . . . . . . . . . .
11.501 General. . . . . . . . . . . . . . . . . . . . . . .
11.502 Qualifications of the Preparer . . . . . . . . . . . .
11.503 Information Requirements. . . . . . . . . . . . . . .
11.60 Drainage and Erosion control plan. . , . . . . . . . . .
11.601 General. . . . . . . . . . . . . . . . . . . . . . .
11.602 Qualifications of the preparer . . . . . . . . . . . .
11.603 Information Requirements. . . . . . . . . . . . . . .
11.70 Geotechnical Report. . . . . . . . . . . . . . . . . . .
11.701 General. . .. . . . . . . . . . . . . . . . . . . . .
11.702 Qualifications of the Preparer . . . . . . . . . . . .
11.703 Information Requirements. . . . . . . . . . . . . . .
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11.80 Grading Plan. . . . . . . . . . . . . . . . . . . . . . .
11.801 General. . . . . . . . . . . . . . , . . . . . . . .
11.802 Qualifications of the Preparer . . . . . . . . . . . .
11.803 Information Requirements. . . . . . . . . . . . . . .
11.90 Habitat Management Plan. . . . . . . . . . . . . . . . .
11.901 General. . . . . . . . . . . . . . . . . . . . . . .
11.902 Qualifications of the Preparer . . . . . . . . . . . .
11.903 Information Requirements. . . . . . . . . . . . . . .
11.100 Wetland Delineation Report. . . . . . . . . . . . . . .
11.1001 General. . . . . . . . . . . . . . . . , . . . . . .
11.1002 Qualifications of the Preparer ...........
11.1003 Information Requirements. . . . . . . . . . . . . .
SBCTIOH
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REASONABLB BCONOMIC USE VARIANCB
. . . . . . . . .
12.10
Application
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12.20
Notice. . . . . . . . . . .,' .. . . . . . . . . . . . . .
12.30
Findings. . . . . . . . . . . . . . . . . . . . . . . . .
12.40
Conditions. . . . . . . . . . . . . . . . . . . . . . . .
SBC'1':tOH
LEGAL PROVISIONS
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131
13.10
Violations. . . . . . . . . . . . . . . . . . . . . . . .
13.20
Remedies. . . . . . . . . . . . . . . . . . . . . . . . .
13.30
Severabili ty . . . . . . . . . . . . . . . . . . . . . . .
Effective Date. . . . . . . . . . . . . , . . . . . . . . .67
68
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Adoption. . . . . . . . . . . . . . . . . . . . . . . . .
APP8n4iz A:
critical Area Review ~ee Schedule
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J.rr.rlon County, WR POPE RESOURCES RESO 698.00
SBC'rIOH 11
PURPOSES
Findings
Purposes
Field Guide
Enactment
Title
1.10
Findinqs
County
Board
of
Commissioners
enter
the
following
The Washington state Legislature adopted a Growth Management
Bill, Engrossed Substitute House Bill 2929, now codified as
Chapter 36.70A RCW, which, in part, requires local governments
to designate and regulate to protect critical areas.
The Washington state Department of community Development has
established an emergency rule establishing minimum guidelines to
classify and designate critical areas, codified as Chapter 365-
190 WAC. .
In october of 1991, the Jefferson County Board of commissioners
organized a citizen work group for the purpose of generating
policy recommendations intended to guide the preparation of an
interim critical areas regulation, in partial fulfillment of
Chapter 36.70A RCW. .
Policy recommendations of the critical areas work group were
forwarded to the Board in December of 1991, and the Jefferson
County Planning commission submitted recommended revisions to
the work group policy recommendations in January, 1992.
Following review and revision of the critical areas work group
policy recommendations, the Board directed planning Department
staff to begin drafting ordinance language for incremental review
by the Planning commission.
The Planning commission began incremental review of draft
critical areas ordinance sections in March, 1992; the draft
sections were designed to be ~ncorporated outside of, and in
addi tien to, the County's existing regulatory framework and
procedures.
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Jefferlon County, WA POPE RESOURCES RESO 688.00
In June, 1992, the Board directed planning Department staff to
tollow an alternative approach that would incorporate interim
critical areas protection measures into the County's existing
regulatory framework and procedures.
In September, 1992, Planning Department staff completed a draft
amendment to the County's state Bnvironmental Policy Aot
zapl...ntinq Ordinance that addressed aKA critical areas (the
"SBPA draft")¡ this "SBPA draft" was forwarded to the Planning
Commission for review and report in October of 1992, pursuant to
Chapter 36.70.640 RCW¡ the Planning Commission forwarded its
report to the Board in late October, 1992.
In the fall of 1992 Commissioners Larry Dennison and B.G. Brown
failed to win re-election bids.
In November, 1992, the Board. held workshops with Planning
Department staff for the purpose of reviewing both the "SBPA
draft" and modifications recommended by the Planning Commission
and staff, and directing final revisions prior to public hearing.
On December 7,1992, the Board conducted a public hearing on the
"SBPA draft" for the purpose of receiving public testimony on
the proposal, and to meet the procedural requirements of Chapter
36.70 RCW. '
Approximately four hundred (400) members of the public were
present for the December 7,1992 hearing, a large number of whom
voiced opposition to the Board taking action on the "SBPA draft"
prior to the newly elected Board members assuming office, as
well as to the complexity and substance of the "SBPA draft"
itself. '
On December 31, 1992, Commissioners Dennison and Brown left
office without the Board having taken further action on the "SBPA
draft."
In January 1993, th~ Board, comprised of Chairman Richard Wojt
and newly elected Commissioners Robert Hinton and Glen
Huntingford, held workshops with Planning Department staff in
order to review options and determine an appropriate course of
action regarding formulation of interim critical areas protection
measures.
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Jefferlon County, WA POPE RESOURCES REBO 698.00
On February 4,1993, the Board adopted a motion to set aside the
IISJI'PA draftll and to produce a IIstand alonell ordinance; on
February 8,1993, the Board clarified and expanded its original
motion and consistent with its perception of community values,
directed that lito the maximum feasible extent the new draft
ordinance should be limited in coverage to those minimum
designations and minimum protection standards permissible under
the GXA."
On March 19, 1993, Planning Department staff forwarded a "stand
alone" draft interim critical areas ordinance to the Board for
review and revision.
On April 5, 1993, the Board held a workshop with Planning
Department staff for the purpose of reviewing the "stand alone-"
draft and identifying further rev~sions necessary prior to public
workshops; final revisions to the "stand alone" ordinance draft
were directed by commissioners Hinton and Huntingford,
individually, during informal meetings with staff on April 8 and
9,1993.
During the period of April 28 through May 4, 1993, the Board and
planning Department staff held public workshops on the IIstand
alonell ordinance draft in Clearwater, Chimacum and Quilcene for
the purpose of explaining the operation and effect of the
ordinance, and to receive informal public comment on the
proposal. -
On May 28, 1993, the Board forwarded the "stand alone" ordinance
draft to the planning commission for review and report pursuant
to Chapter 36.70.640 RCW¡ the Planning Commission submitted its
report to the Board on July 1, 1993.
On July 12, 1993, the Board held a workshop with Planning
Department staff for the purpose of reviewing both the "stand
alone" ordinance draft and modifications recommended by the
planning Commission and staff, and directing final revisions
prior to public hearing.
On November 21 and 22, 1993 the Board conducted a public hearing
on the IIstand alone" ordinance draft I.§.....for the purpose of
receiving public testimony on the proposal, and to meet the
procedural requirements of Chapter 36.70 RCW.
On December 22 1993, January 4 1994, January 14 1994 and January
20 1994, the Board held public workshops with planning Department
staff for the purpose of reviewing testimony received from the
November 1993 public hearing and directing revisions to the draft
ordinance based upon this testimony and separatelY provided legal
review.
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Je"8rlon County, WR POPE RESOURCES RESO 698.00
On March 29, 1994, the Board conducted a public hearing on the
"stand alone" draft #7 for the purpose of receiving public
testimony on the proposal, and to meet the procedural
requirements of Chapter 36.70 RCW.
Critical areas which require regulation by Jefferson County are:
wetlands; areas with a critical recharging effect on aquifers ~
used for potable water; fish and wildlife habitat conservation
areas; frequently flooded areas; and geologically hazardous
areas.
Implementation of appropriate design and engineering techniques
and practices are needed to avoid incompatible development in
critical areas and prevent harm to the public.
Jefferson County is currently mitigating projects occurring in
these areas based upon the substantive authority granted by the
stat. Environmental Policy Aot, ROW 43.21C.
Enactment of these regulations will provide greater certainty
and predictability in the County's land use review processes.
Jefferson County is currently laboring to implement Chapter
36.70A ROW by initiating a comprehensive planning process in
order to formulate and adopt a revised comprehensive plan and
compatible implementing regulations.
To protect the health, safety and welfare of the citizens of
Jefferson County, and to prevent the possible conversion of -
critical areas prior to the development of final official
controls, these interim regulations are necessary to protect the
integrity of the comprehensive planning process.
These regulations will operate as interim land use controls
preserving the County's planning options and will remain in
effect only until such time as the County holds hearings and
adopts permanent land use controls implementing the revised
comprehensive plan. .
The definitions and categories of critical areas in this
ordinance conform with the requirements of the Chapter 36.70A
RCW.
The Jefferson County Board of Commissioners has reviewed and
considered the relevant provisions of Chapter 365-195 WAC in
developing the classification and designation criteria for -
critical areas within this ordinance.
These regulations are designed to satisfy the requirements of -
Chapter 36.70A RCW with regard to all critical areas. Frequently
flooded areas are protected through the Jefferson county
Floodplain Management Ordinance (Ordinance No. 1-89), which is
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J.".rlon County, WR POPE RESOURCES RESO 698.00
incorporated by reference within this ordinance. The County
elected to protect frequently flooded areas through this
regulation due to the Floodplain Management Ordinance requiring
detailed description of proposed development in a flood hazard
area using all available data and it considering base flood flow,
coastal flood hazards, and increased flood flow due to
development.
Through studying the materials provided by legal review and fully
considering formal public testimony, together with Chapter
36.70A.020 RCW, the Jefferson County Board of commissioners has
determined that these regulations properly balance the GMA
composite goáls by allowing tradeoffs among economic, social and
environmental values that are appropriate for Jefferson County.
These regulations offer effective protection of critical
environmental features without 'diminishing the potential for
sustained economic development in Jefferson County.
. -
Of the 1,161,644 acres of land in unincorporated Jefferson
county, approximatelY 61% is in Federal ownership, 17% is in
state ownership, 10% is in private ownership classified for
forestry uses, .7% is in tribal ownership, and 11.3% is in
private ownership not classified for forestry uses.
These regulations allow for development to proceed- in a manner
consistent with the rights of individuals to peacefully use and
enjoy their property, while simultaneously regulating and
mitigating development that will have adverse i1Dpacts on property
and the environment, thereby benefitting all the residents of the
County.
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35 into law the following provisions.
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40 This ordinance shall be known and may be cited as the "Jefferson county
41 :Interim critical Areas ordinance."
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J.".rIQn CQunty, WR POPE RESOURCES RESO 698.00
1.20
purcose - General
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 xanaqement Aot, Chapter 36.70A.020 RCW, and allows.
for tradeoffs among economic, social and environmental values.
None of the protections provided by the ordinance seek to confer
an uncompensated benefit to the public.
The intent of this ordinance is to facilitate the processing of
relevant land use applications in a timely fashion with minimum
intrusion on individual freedom, and with maximum consistency
and predictability.
In the pursuit of fairness and equity for balancing individual
and collective interests, this ordinance is dedicated to
enhancing the qua~ity of life for the citizens of Jefferson
County.
1.30
Field Guide:
To aid the applicant in understanding the purpose and requirements of
this ordinance, the County has produced a field guide which concisely
addresses these issues. It is important to note for legal purposes I
however, that the field guide is not a regulatory device, being purely
informational and entirely separate from the "Jefferson County Interim
critical Areas Ordinance."
1.40
Enactment
1. 50
Title
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14 For the purpose of this ordinance, certain words and terms shall be
15 interpreted or defined as set forth below.
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Jefferlon County, WA POPE RESOURCES RESO 698.00
SBCTION 2:
DBJ'INITIONS
..
General
Tense and Number
Interpretation
Definitions
2.10
General
2.20
Tense and Number
When not inconsistent with the context, words used in the present tense
shall include the future tense, words used in the singular shall include
the plural and the plural the singular.
2.30
Interpretation
.,','
The word "shall" is mandatory.
The word "should" indicates that which is recommended but not
required.
The word "may" is permissive.
2.40
Definitions
ADMINISTRATOR: The official appointed by the Jefferson County
Board of commissioners to supervise operation of this ordinance
and make required administrative decisions.
AGGRIEVED PARTY: One whose legal right is invaded by an act
complained of, or whose monetary interest is directly affected
by a decision.
ANADROMOUS: Fish that migrate up rivers and streams from the
ocean to breed in fresh water.
APPLICANT: Any person, public agency, or business entity (e.g.,
corporation or partnership) that submits a triggering application
to the County (see also, TRIGGERING APPLICATION).
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II 43S974
Pa8.: 15121 or 541
1218/1214/2121121121 11 :4121R
RESO 69B . 121121
J.rr.rIOn County, WR POPE RE60URCES
AQUIFER: A saturated geologic formation that will yield a
sufficient quantity of water to serve as a private or public
water supply.
AQUIFER RECHARGE AREAS: Areas where soils and geological
materials permit the infiltration of natural or artificial
sources of water in rates and quantities sufficient to recharge t
ground water reserves (see also, CRITICAL AQUIFER RECHARGE
AREAS).
BEST MANAGEMENT PRACTICES: Conservation practices or systems of
practices and management measures that:
a. Control- soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxics and sediment; and
Minimize adverse impacts to surface water and groundwater
flow, circulation patterns, and to the chemical, physical
and biological characteristics of critical areas.
BIOLOGIST: A person who has a minimum of a Bachelor of Science
degree in biological sciences from an accredited college or
university, or a person who has equivalent educational training
and has experience as a practicing biologist.
b.
BOARD:
The Jefferson County Board of commissioners.
BUFFER: A designated area adjacent to a steep slope or landslide -
hazard area that protects slope stability, decreases surface
water flows' and landslide hazards reasonably necessary to
minimize risk; or, a designated area adjacent to a stream or p
wetland that is an integral part of the stream or wetland
ecosystem (see also, WETLAND BUFFER).
CLEARING: The destruction or removal
mechanical, chemical, or any other means.
vegetation
by
of
CONSERVATION EASEMENT: A legal instrument intended to formalize
the use status of a buffer through separately recording its
existence on formal records associated with a particular real
property.
COUNTY:
Jefferson County.
CRITICAL AREAS ADMINISTRATOR: See Administrator.
CRITICAL AQUIFER RECHARGE AREAS: Those aquifer recharge areas
that are highly susceptible to ground water contamination which
are designated as critical areas by this ordinance (see alsq,
AQUIFER RECHARGE AREAS) .
DEGRADATION: A deterioration or degeneration of a designated
critical area or critical area functions and values.
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\ 1111\111\\\ II~I 1111\ \\11\ 111\ 11111\ ~ 111\1111\ 111\ ~~~:~~~~~~
J8"8rlon Co~nty, WR POPE RESOURCES RESO 58B.00
DELINEATION (wetland): The process of locating and marking a
designated jurisdictional wetland boundary in the field (see
also, WETLAND, JURISDICTIONAL and WETLAND, DESIGNATED).
DEPARTMENT:
The Jefferson county planning Department.
DEVELOPMENT: Any activity relating to the use of land, usually
resulting in a change of land use character within the site,
requiring issuance of a triggering permit from the county.
ENDANGERED, THREATENED OR SENSITIVE SPECIES: All species of
wildlife listed as endangered, threatened or sensitive by the
Washington State Department of Wildlife.
ENHANCEMENT: Actions performed to improve the condition of
existing degraded critical areas (e.g., wetlands or streams) so
that the functions they provide "are of a higher quality.
EROSION: The process whereby the land surface is worn away by
the action of water, wind, ice, or other geologic agents and by
processes such as gravitational creep, or events such as
landslides.
EROSION HAZARD AREAS: Areas susceptible to erosion that are
designated as critical areas by this ordinance.
EXCAVATION:
The mechanical removal of earth material.
EXPANSION: Any enlargement, increase or extension of an existing
land use that, in the judgment of the Administrator, measurably
increases impacts to designated critical areas thereby
threatening the public health, safety or general welfare.
Emergency repairs, routine maintenance, or operation of a
facility shall not be construed as an expansion of the existing
land use.
FILL: A deposit of earth or other natural or man-made material
placed by artificial. means.
FISH AND WILDLIFE HABITAT AREAS: Areas that are designated as
critical areas by this ordinance due to the presence of specified
animal species.
FOREST PRACTICES: Any activity conducted on or directly
pertaining to forest land and relating to growing, harvesting,
or processing timber, including, but not limited to: road and
trail construction; harvesting, final and intermediate; pre-
commercial thinning; reforestation; fertilization; prevention
and suppression of diseases and insects; salvage of trees; and
brush control. Forest practices do not include preparatory work,
such as tree marking, surveying and road flagging, or
removal or harvest of incidental vegetation from forest lands
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J.ff.~.on County, WA POPE RESOURCES RESO 698.00
such as berries, ferns, greenery, mistletoe, herbs, mushrooms,
and other products which cannot normally be expected to result
in damage to forest soils, timber or public resources (see
Chapter 222-16-010(21) WAC).
FUNCTIONS, BENEFICIAL FUNCTIONS, or FUNCTIONS AND VALUES: The
beneficial roles served by critical areas (typically wetlands)
including, but not limited to: water quality protection and
enhancement; fish and wildlife habitat; food chain support; flood
storage, conveyance and attenuation; groundwater recharge and
discharge; erosion control; wave attenuation; historical and
archaeological value protection; and recreation. (Note: These
beneficial functions are not listed in order of priority).
GEOLOGICALLY HAZARDOUS AREAS: Areas that are susceptible to
erosion, sliding, or other geological events that are designated
as critical areas by this ordinánce.
GEOLOGIST: A person who has earned a degree in geology from an
accredited college or university, or a person who has equivalent
educational training and has four or more years of experience as
a practicing geologist.
GEOTECHNICAL ENGINEER: A practicing geotechnical/ civil engineer
licensed as a professional Civil Engineer with the state of
Washington who has four or more years of experience as a -
geotechnical engineer practicing landslide and erosion hazard
evaluation.
GRADING: Any excavating, filling or removing of the surface
layer of earth or other natural or man-made material.
GROUNDWATER: All water found beneath the ground surface,
including slowly moving subsurface water present in aquifers and
recharge areas.
HAZARDOUS SUBSTANCES, or DANGEROUS WASTES: substances that pose
a present or potential hazard to human health or to the quality
of the drinking water supply in the aquifer. system underlying
the County when improperly used, stored, transported, disposed
of, or otherwise mismanaged. Hazardous substances include those
materials identified as hazardous waste in Title 40 CFR 261 or
defined as hazardous substances in Title 40 CFR 302, and Chapter
173-303 WAC.
HIGH 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
of less than one acre in size (including right-of-ways and
utility easements);
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J,",rlon County, WR POPE RESOURCES RESO S9B.00
Subdivision development with an average density greater than
one parcel per acre, including a pro rata share of common
open space and roads, and excluding tidelands;
Any new commercial or industrial development occurring
within a designated general commercial, light industrial,
or light industrial\commercial zone and regulated under the
Jefferson county Emergenoy zoning Ordinance, No. 1-0106-
92, that exceeds seven hundred and fifty (750) square feet;
Multi-family residential development regulated as a
conditional use under section 9, subsection 3(a) of the
Jefferson county Emergency Zoning ordinance, No. 1-0106-
92;
General-commercial development regulated as a conditional
use under section 9, subsection 3 (b) of the Jefferson county
Emergency zoning Ordinance, No. 1-0106-92; and
Heavy industrial development regulated as a conditional use
under section 9, subsection 3(C) of the Jefferson county
Emergency Zoning ordinance, No. 1-0106-92.
HYDRIC SOIL: soil that is saturated, flooded or ponded long
enough during the growing season to develop anaerobic conditions
in the upper part. The presence of hydric soil shall be
determined following the methods described in the Corps of
Engineers Wetland Delineation Manual, Technical Report No.
Y-87-1.
b.
c.
d.
e.
f.
HYDROGEOLOGY,- HYDROGEOLOGICAL OR HYDROGEOLOGIC: The science, or
related to the science, that deals with the properties,
distribution and circulation of water through geologic material.
HYDROPHYTIC VEGETATION: Macrophytic plant life (1 .s., plant
life large enough to be perceived or examined without
instrumentation) growing in water or on a substrate (i.e., a
layer of earth beneath the soil surface) that is at least
periodicallY deficient in oxygen as a result of excessive water
content.
IMPERVIOUS SURFACE: A constructed, hard surfaced area that
either prevents or retards the entry of water into the soil
mantle as under natural conditions prior to development, or a
hard surfaced area that 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.
Impervious surfaces include, but are not limited to: roof tops;
walkways; patios; driveways; parking lots or storage areas;
concrete or asphalt paving; packed earthen materials; and oiled
or macadam surfaces which similarly impede the natural
infiltration of stormwater.
LANDSLIDE: The downslope movement of a mass of slope materials
including rock, soils, artificial fills and vegetation.
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111111111111111111111 ~:.~~~:~:~
Jefferlon County, WFI POPE RESOURCES RESO 698.00'
LANDSLIDE HAZARD AREAS: Areas that are susceptible to sliding
which are designated as critical areas by this ordinance.
LOW INTENSITY LAND USES: Any of the following uses or acti vi ties -
that require approval of a "triggering application":
8. A single family residence on a legally created building lot
with a minimum lot area of one acre or greater in size;
Subdivision development with an average density of less
than one parcel per acre, including a pro rata share of
common open space and roads, and excluding tidelands;
Any new commercial or industrial development occurring
within a designated general commercial, light industrial,
or light industrial/commercial zone and regulated under the
Jefferson county Emergency zoning Ordinance, No. 1-0106-
92, equal to or less than seven hundred and fifty (750)
square feet;
signs regulated as a condi tional use under section 9,
subsection 3(d) of the Jefferson County Emergency Zoning
Ordinance, No. 1-0106-92;
Home businesses regulated as conditional uses under section
9, subsection 3(e) of the Jefferson county Emergency zoning
ordinance, No. 1-0106-92; and
Temporary acti vi ties and structures regulated under section
10 of the Jefferson county Emergency zoning Ordinance, No.
1-0106-92.
b.
c.
d.
e.
f.
MARINE BLUFF: A steeply rising slope that abuts and rises from
a marine shoreline. For the purposes of this ordinance, marine
bluffs include areas where the slope is equal to or in excess of -
forty-five (45) percent, or where the ground surface rises forty-
five (45) feet or more vertically within a horizontal distance
of one hundred (100) feet.
MINOR PRUNING: The cutting and removal of dead or living parts
or branches of a plant, shrub, or tree that, in the judgment of
the Administrator, will not measurably increase impacts to a
designated critical area or its buffer.
MITIGATION: Avoiding, minimizing, rectifying, or compensating
for adverse critical area (e.g., wetland) impacts. Mitigation,
in the following order of preference is:
a.
Avoiding the impact altogether by not taking a certain
action or parts of an action;
b.
Minimizing impacts by limiting the degree or magnitude of
the action and its implementation by using appropriate
technology, or by taking affirmative steps to avoid or ,
reduce impacts;
c.
Rectifying the impact by repairing, rehabilitating,
restoring the affected environment; and
or
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Jlfflrlan County, WR POPE RESOURCES RESO Bge,ø~.4ØR
d.
compensating for the impact by replacing, enhancing, or
providing substitute resources or environments.
MONITORING: The collection and analysis of data for the purpose
of documenting changes in natural ecosystems and features.
Monitoring includes gathering baseline data. and follow-up data
to evaluate the impacts of development on biological, hydrologic
and geologic elements of ecosystems and features, and assessing
the performance of required mitigation measures.
vegetation that is indigenous to the North
NATIVE VEGETATION:
Olympic Peninsula.
NATURAL CONDITION: The condition of a parcel of real property
immediately prior to any site preparation or grading, including
excavation or filling.
ORDINARY HIGH WATER MARK: The mark on all lakes, streams and
tidal waters that will be found by examining the beds 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 issued by a
local government or the Washington state Department of Ecology:
Provided, that in any area where the ordinary high water mark
cannot be found, the ordinary high water mark adjoining salt
water shall be the line of mean higher high tide and the ordinary
high water mark adjoining fresh water shall be the line of mean
high water.
PARCEL: A legally created lot, parcel, or tract of real property
in which the boundary is def ined by a deed recorded in the
,Jefferson County Auditor's Office; or, a legally created lot,
parcel, or tract of real property that has been defined by a
survey recorded pursuant to Washington state surveying or
platting laws.
PRIORITY SPECIES: Those species that are state-listed
endangered, threatened, sensitive, candidate and monitor species
as well as priority game and nongame species.
PROTECTION: A measure, or set of measures, designed to conserve
a particular area and the naturally occurring processes directly
associated with it.
RAVINE: A small, narrow, steep sided land form generallY having
little or no floodplain and deeper than ten (10) vertical feet
as measured from the centerline of the ravine to the top of the
slope. Ravines are created by the wearing action of streams.
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J.rr.rlon County WR POPE RESOU~CES 08/04/2000 11:40A
, ~ RESO 698.00
REASONABLE ECONOMIC USE: A legal use that has been articulated
by Federal and state courts in regulatory takings cases.
RESTORATION: Actions taken to return a critical area (e.g.,
wetland or stream) to a state in which its stability, functions
and valu~s resemble its unaltered state as closely as possible,
ROAD OR STREET: Any vehicular right-of-way that is: an existing
state, County, or municipal roadway; a publicly owned easement
shown upon a plat or binding site plan approved under the
JeffersoD County Subdivision Ordinance, No. 4-0526-92, as
amended; or a private access greater than fifty (50) feet in
length serving more than one property through right of use or
easement. The road or street shall include all land within the
boundaries of the road right-of-way that is improved.
SALMONID: Any fish belonging to. the family Salmonidae. In
Jefferson County these include: Chinook Salmon; Coho Salmon;
Chum Salmon; Sockeye salmon; pink Salmon; Rainbow Trout;
Steelhead Trout; Brown Trout; Brook and Dolly Varden Char;
Kokanee; and Whitefish.
SLOPE: An inclined ground surface, the inclination of which is
expressed as a ratio (i.e., percentage) of vertical distance to
horizontal distance by the following formula:
vertical distance
horizontal distance X 100 = % slope.
part of -
reports
erosion
habitat
SPECIAL REPORTS: Those reports that are required as
critical area review under this ordinance. Special
include: aquifer recharge area reports; drainage and
control -plans; geotéchnical reports; grading plans;
management plans; and wetland delineations/reports.
STATE ENVIRONMENTAL POLICY ACT, SEPA, OR SEPA RULES: The state
law (state Environmental policy Act of 1971, Chapter 43.21C RCW)
and the State rules (Chapter 197-11 WAC) implementing that
legislation.
STREAMS: Those areas where surface waters flow sufficiently to
produce a defined channel or bed. A defined channel or bed is
an area that demonstrates clear evidence of the passage of water
and includes but is not limited to: bedrock channels; gravel
beds; sand and silt beds; and def ined channel swales. This
definition is.not meant to include irrigation ditches, canals,
storm or surface water runoff devices or other entirely-
artificial water courses unless they are used by anadromous or
salmonid fish or used to convey streams naturally occurring prior
to construction. This includes Washington state Department of .
Natural Resources stream types 1-5 as set forth in Chapter 222-
16-030 WAC.
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11"111 "III 'I'~'I \,,~ 11'11 "II 1\11 III 'I'll" II 1"1 ~:~i~~~~~~'
J.,'.~.on County, WA POPE RESOURCES RESO 698.00
STRUCTURE: A permanent or temporary building, or any piece or
work artificially built or composed of parts joined together in
some definite manner, whether installed on, above, or below, the
surface of the ground or water.
SUBDIVISION: Any division of land regulated under the Jefferson
county Subdivision ordinance, No. 4-0526-92, as amended.
SUSCEPTIBILITY: The ability of the physical environment to
transmit contaminants to groundwater (e.g., soil materials and
degree of slope).
TOE OF SLOPE: A distinct topographic break in slope. Where no
distinct break exists, this point shall be the lower most limit
of the landslide hazard area.
TOP OF SLOPE: A distinct topographic break in slope. Where no
distinct break in slope exists, this point shall be the uppermost
limit of the landslide hazard area.
TRIGGERING APPLICATIONS: The applications set forth in
subsection 3.30 of this ordinance that are subject to the
provisions of this ordinance. Triggering applications include:
applications for residential, industrial and commercial
structures (including additions and renovations), towers and
above ground storage tanks made under the Jefferson county
Building code ordinance, applications for sewage disposal permits
made under the Jefferson County Rules and Regulations tor On-
site sewage Disposal systems, approvals under the Jefferson
county Emergency zoning Ordinance, No. 1-0106-92, or any
permanent zoning control adopted or amended thereafter ¡ approvals
under the Jefferson county Subdivision ordinance, No. 4-0526-
92, as amended; approvals under the Jefferson county camper Club
ordinance, No. 3-80, as amended; and shoreline substantial
development permits and permit exemptions under the Jefferson-
port Townsend Shoreline Management Master program.
UTILITIES: Fixed. improvements, including structures and
facilities, that convey, generate, transmit or distribute power,
gas, oil, water, sewage, surface drainage, or communication
signals.
VEGETATION: Any and all living plant species growing at, below,
or above the soil surface.
WETLANDS: Areas that are inundated or saturated by surface water
or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions (i.e., hydrophytes). Wetlands generallY include:
swamps; marshes; bogs and similar areas. Wetlands do not include
those artificial wetlands intentionally created from nonwetland
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\ 1"111 III ~"~I \"1\ I\~\ \~I \\1"\ III \1" \\\\\ 1"1 :~~¡~~~~
J.ff.rlon County, WA POPE RESOURCES RESO 698.00
sites, including, but not limited to: irrigation and drainage
ditches; grass-lined swales; canals; detention facilities; waste
water treatment facilities; farm ponds; and landscape amenities.
However, wetlands may include those artificial wetlands"
intentionally created from nonwetland areas to mitigate
conversion of wetlands, if permitted by the County.
WETLAND BOUNDARY: The boundary of a wetland as established by
using the corps of Engineers Wetland Delineation Manual,
Technical Report No. Y-87-1.
WETLAND BUFFER: A designated area adjacent to a wetland that
protects, and is integral to, the wetland ecosystem. Buffers
provide shading, input of organic debris and coarse sediments,
room for variation in stream or wetland boundaries, habitat for
wildlife and protection from harmful intrusion necessary to
protect the public from losses suffered when the functions and
values of aquatic resources are degraded.
WETLAND, DESIGNATED: Designated wetlands are those class I, II,
III and IV jurisdictional wetlands that are regulated by this
ordinance (see WETLAND, JURISDICTIONAL).
WETLAND, JURISDICTIONAL: Those wetlands that meet the three
criteria defined in the Corps of Engineers Wetland Delineation
Manual.£. Technical Report No. Y-87-1. (i.e., hydric soils, wetland"
hydrology and hydrophytic vegetation).
WILDLIFE: All species of the animal kingdom whose members exist.
in Jefferson. county in the wild state.
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3.20
3.30
3.40
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111111111111111111111111 ~~'~~~1~1
J8"8rlon County WA POPE RESOURCES R0SES/04/20Ø0 11 :40A
, 0 898.00
SEC'rION 3:
SCOPE
coverage
Relationship to Existing
General Applicability
Exemptions
Non-conforming Uses
Regulations
3.10
Coveraqe
These regulations shall apply to applications for proposals
requiring anyone of the pe~i ts or approvals (hereinafter
referred to as "triggering applicatìons") set forth in subsection
3.30, beloW, for a project on a parcel of real property
containing a designated critical area or its buffer. In
instances where a proposal involves a parcel of real property
with more than one critical area or critical area buffer, the
standards that pertain to each identified critical area shall
apply. When provisions of this ordinance conflict with one
another, or when provisions of this ordinance conflict with any
other local law, the provision that provides more protection to
the critical area shall apply. No triggering application
involving a designated critical area shall be approved unless it
is determined to be in compliance with this ordinance.
AnY action taken in a Critical Area designated under this
ordinance that is in violation of the standards and conditions
contained herein is expresslY prohibited.
3.20
Relationsh~P to Existinq Reaulations
=~t wMre a co~~ i~e~ clearly appears, ~e pr~isi=s of ~iB
ordm~ce ~all be c~st=ed to ~e max~~ feasible e~~ consi~e~
with Federal, state and local law.
17
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4 triggering applications under this ordinance:
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I III III' ~III'I III~ \\'1111111\111'1 '1111 1111 \11\ :~~¡:~\~~R
Jefferlan County, WA POPE RESOURCES RESO 698.00
3.30
General ADDlicabilitv
shall be considered
The following applications for Building Permits made under the
Jetterson County Building code Ordinanoe:
single Family Residential: Mobile; Modular; stick Frame;
Additions
Multi- Family Residential: Duplexes; Fourplexes; Condominiums;
Apartment Houses
Commercial, including additions
Industrial, including additions
(Radio and Cellular) Towers
Above Ground storage Tanks
Additions and Renovations
Applications for Sewage Disposal Permits made under Jefferson
county Ordinance No. 277, Rules and Regulations tor On-site
sewage Disposal systems, or any ordinance adopted or amended
thereafter.
Applications for approval under the Jefferson County Emergency
zoning ordinance, No. 1-0106-92, or any permanent zoning control' .
adopted or amended thereafter.
Applications for approval under the Jefferson County Subdivision -
Ordinance, No. 4-0526-92, as amended.
Applications for approval under the Jefferson county camper Club
Ordinance, No. 3-80, as amended.
Applications for shoreline substantial development permits and
permit exemptions under the Jefferson-port Townsend Shoreline
Kanagement Kaster Program.
(Note: Applicants for anyone of the triggering applications
listed above, should refer to sections 6,7,8,9 and 10 of these
regulations to determine the precise rules of applicability).
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J8"8r8on County, WA POPE RESOURCES RESO 59B.00
3.40
Exemotions
The following applications for building permits issued under the
Jetter.on 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 houses or mobile homes
Title Eliminations on existing mobile homes
Building lots created under the provisions of the Jetferson
county Subdivision Ordinance, No. 4-0526-92, as amended, where
the subdivision application for said lots has been reviewed
pursuant to this ordinance, shall be exempted from critical area
review and the provisions of this ordinance if documented
compliance of the subdivision with the standards of this
ordinance is provided at the time application is made for a
building permit.
3.50
Nonconformina Uses
Any use or structure in existence on the date , this ordinance
becomes effective that does not meet the buffe~,requirements of
this ordinance for any designated critical" area shall be
considered a iegal nonconforming use.
Any use or structure for which an application has vested or for
which a permit has been obtained prior to the date this ordinance
becomes effective that does not meet the buffer requirements of
this ordinance for any designated critical area shall be
considered a legal nonconforming use.
- A legal nonconforming use or structure may be repaired or
maintained without limitation by this ordinance.
A legal nonconforming use or structure that has been damaged or
destroyed by fire or other calamity may be restored and its
immediately previous use may be resumed.
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SBC'1'IOIl 4:
ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY
Planning Department
Department of Public Works
Hearing Examiner
Board of County Commissioners
4.10
Planninq
Department
The Planning Department shall have overall administrative
responsibilities regarding the processing of triggering
applications that are subject to critical area review under this
ordinance. Specifically, the Critical Areas Administrator or
his/her designee shall be empowered to:
Review triggering applications and determine the probable
existence of critical areas or critical area buffers on the
parcel involved in the triggering application;
Make administrative determinations regarding waivers and
exemptions from these regulations;
Verify the accuracy and sufficiency of all special reports
required under these regulations, including critical area
boundary and buffer determinations;
Review all triggering applications that are subject to the
provisions of this ordinance for conformance wi th the
standards of this ordinance;
condition, or recommend conditions of approval that ensure
conformance with the purposes and standards of this
ordinance;
Process triggering applications subject to these regulations
in a manner consistent with the procedures outlined in the
ordinance governing the triggering application; and
Suspend or revoke triggering permits when a permittee has
violated the conditions or limitations of the triggering
permit, or has exceeded the scope of work approved.
Additionally, the Critical Areas Administrator shall be empowered
to construe or interpret vague or incomplete terms within this
ordinance, consistent with the overall intent and purposes of
these regulations. Furthermore, the Administrator shall have
the power to prescribe specific administrative rules and
procedures related to the implementation of these regulations.
Any interpretation, rule or procedure promulgated by the
Administrator shall take effect immediately, subject to the
provisions set forth below:
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b.
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a.
within thirty (30) days of the establishment of an ordinance
interpretation, rule or procedure, the Planning Commission
shall review the interpretation, rule or procedure and
transmit a written report to the Board recommending
affirmance, modification, or rejection;
b.
wi thin fourteen (14) days of receipt of the Planning
commission's report, the Board shall examine the report at
a regularly scheduled public meeting and affirm, modify or
reject the interpretation, rule or procedure promulgated by
the Administrator.
4.20
Department of Public works
The Department of public Works. shall review triggering
applications subject to these regulations in a manner consistent
wi th the procedures outlined in the ordinance governing the
triggering application.
The Department of public. Works shall possess the same authority
and responsibility as set forth in the ordinance governing the
triggering application. ..
The Department of Public Works shall establish requirements for
the submission of drainage and erosion control"plans.-
The Department of Public Works shall review special reports that
are within the Department's range of expertise, and shall make
appropriate recommendations to the Administrator thereon,
consistent with the purposes and substantive requirements of this
ordinance.
4.30
Hearina Examiner
The Hearing Examiner shall review triggering applications subject
to these regulations in a manner consistent with the procedures
outlined in the ordinance governing the triggering application.
When the Hearing Examiner is required to hold a public hearing
by the ordinance governing the triggering application, the
Examiner shall consider all relevant critical area issues and
shall condition, or recommend conditions of approval that ensure
conformance with the purposes and standards of this ordinance.
The Hearing Examiner is hereby assigned the functions, powers
and duties incident to holding hearings and making
recommendations to the Board on the approval or disapproval of
appeals of administrative determinations made under this
ordinance.
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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.
4.40 Board of County Commissioners
When required by the ordinance
application, the Board shall:
governing
the
triggering
Generally find whether or not the proposal adequately
protects the public health, safety and welfare;
Ensure that the proposal conforms with the ordinance
governing the triggering application and the purposes and
standards of this ordinance; and
Enter written findings demonstrating that the proposal is
consistent with the provisions of this ordinance.
The Board shall make final decisions regarding appeals of
administrative determinations made under this ordinance, upon
receipt of a recommendation from the Hearing Examiner.
a.
b.
c.
The Board shall hold hearings and make final decisions on appeals
of reasonable economic use variance applications approved or
disapproved by the Hearing Examiner under this ordinance.
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SBCTION 5:
PROCESS AND ADMINISTRATION
5.10
5.20
5.30
5.40
Critical Area Determination
Process
critical Area Review Requirements
Review of Critical Area Applications and Reports
5.10 critical Area Determination
5.101 Triaaerina Application: Upon submittal of a triggering
application, the Administrator shall determine the probable existence
of critical areas on the parcel involved in the application. The
Administrator shall review and consider "all publicly available
information in determining the probable existence of critical areas,
including, but not limited to: critical area maps and inventories
prepared by the Department; data sources referenced within this
ordinance; and the results of field investigations conducted by the
Department. If critical areas or critical area buffers are found to
exist on a parcel, the provisions of this section, and all other
relevant sections of this ordinance shall apply.
5.102 Advance Determination: To provide assistance ~nplanningfor
the future development of a parcel for which no triggering application
has been submitted nor is anticipated to be submitted in the immediate
future, an Advance Determination of the probable existence of critical
areas or buffer areas on the site is available. This Advance
Determination shall be of two types: binding, and non-binding.
1.
Non-bindina Advance Determination: A non binding advance
determination shall be based on an informal interpretation
of critical area maps and inventories prepared by the
Department; data sources referenced within this ordinance;
and the results of field investigations conducted by the
department. It is intended to be used for reference only,
and shall. not be represented or construed to be legal,
official or final. Actual critical areas may be more or
less than what is described.
2.
Bindinq Advance Determination:
i. A binding advance determination as to the presence of a
critical area or buffer on a parcel of real property may
only be obtained by the property owner, or by a firm or
individual acting under the clear written authority of
the property owner.
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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 subject property,
or their authorized representative, shall be clearly
identified as being produced for the binding advanced
determination.
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15 submitted for a project on a parcel of real property and where
16 available information suggests the presence of a critical area or
17 critical area buffer, the Department shall, as soon as practicable,
18 undertake a site inspection to gather additional information for
19 determining the existence of a critical area or buffer on the subject
20 property. Should review of this information, together with any other
21 available data identified in subsection 5.10 above, confirm the
22 existence of a critical area or critical area buffer on the property,
23 the provisions of this ordinance shall be implemented in conjunction
24 with the processing of the triggering application.
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5.20
Process
5.202 Permit Required: Unless exempt from the provisions of this
ordinance pursuant to section 3.40, and/or exempt from the
requirements of this section, no person, party, firm, corporation or
public agency shall undertake any development proposal within a
critical area or its buffer, unless the work is in accordance with a
valid permit or approval from the County issued pursuant to the
provisions of this ordinance.
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1.
SEPA: Triggering application submitted for projects that are
subject to SEPA..review, provided that the development
standards contained within this ordinance are incorporated
as SEPA mitigations where appropriate.
Prior SEPA Determination: Triggering applications submitted
for projects previously subject to SEPA review, provided
that the previous SEPA review evaluated the type and extent
of development currently proposed for the subject property
and its impacts on any critical areas.
2.
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17 subject to triggering applications shall be required to identify
18 whether the site involved contains any of the critical areas
19 identified in this ordinance. Where either the applicant indicates
20 that a critical area or its buffer is present, the area is mapped as a
21 critical area or buffer, or the County has a reasonable belief that a
22 critical area or buffer exists on the site, the below-listed
23 requirements are applicable.
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3.
Prior critical Area Review: 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 critical area review.
Waivers: Triggering applications for projects that have
received a Waiver consistent with the requirements of
Section 6.40,7.40,9.40, 10.40 and 11.10 of this ordinance.
4.
5.30 critical Area Review Requirements
5.302 preaoolication Consultation: Any person intending to apply for
a triggering application involving a designated critical area or its.
buffer is encouraged, but not required, to meet with the Department
during the earliest possible stages of project planning in order to:
discuss critical area impact avoidance, minimization, compensation,
and the required elements of the critical area review and mitigation
before large commitments have been made to a particular project
design. Effort put into preapplication consultations and planning
will help applicants create projects that will be more quickly and
easily processed.
5~303 Critical Area Review Reauirements: Applicants shall submit the
following information upon submission of their triggering application,
or, upon notification that critical area review is required:
1.
Any special reports required pursuant to sections 6, 7, 8,
9, and 10 of this ordinance.
A description of the vegetative cover of the critical area
and adjacent areas, including the significant species and
native vegetation.
2.
3.
A site plan for the proposed activity at an easily readable
scale 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
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27 ReDorts - General: The Administrator as part of the review process
28 shall verify information submitted by the applicant; confirm the
29 nature and type of critical area and evaluate applicable reports;
30 determine whether the proposal is consistent with the development
31 standards contained within this ordinance; determine whether any
32 mitigations proposed by the applicant are consistent with the
33 purposes, objectives and requirements of this ordinance; and approve
34 or deny the application.
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4.
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.
A description of the specific means proposed to mitigate
adverse environmental impacts of the proposal, based upon
the substantive requirements of this ordinance.
5.304
Public Notice and Hearinq:
1.
If the ordînance governing the triggering application does
not require that a public hearing be held as part of the
review process, but does require public notice of pending
application, the public notice of pending application shall
also include notice of any pending critical Area review.
If a public hearing is held on a triggering application,
such hearing shall include consideration of critical area
issues under this ordinance.
2.
5.40
Critical Area ADDlications and Reports
5.402 Findings: A decision approving or denying a triggering permit
application, based on critical area review, shall be strictly based on
conformance with the standards and requirements contained within this
ordinance. All decisions shall be supported by findings of fact
relating to the standards and requirements of this ordinance.
A decision approving a permit application involving a designated
critical area or its buffer shall incorporate the following
conditions:
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a. Approved protection mechanisms addressing specifically
identified adverse environmental impacts of the proposal,
based upon the substantive requirements of this
ordinance; and
b.
Buffer marking requirements, if applicable.
2.
Conditions of approval required by critical Area r~view
shall be incorporated as conditions of approval in the
triggering permit.
Anneal of Administrative Decisions:
Conditions imposed through critical area review of a triggering
application made under any of the following ordinances may be
appealed using the procedure set forth in the ordinance governing
the application:
The Jefferson County Emergency Zoning ordinance, No. 1-1006-92,
or any permanent zoning control adopted or amended thereafter;
Applications for approval under the Jefferson County Subdivision
ordinance, No. 4-0526-92, as amended;
Applications for approval under the Jefferson County camper Club
Ordinance, No. 3-80, as amended;
Applications for shoreline substantial development permits and
permit exemptions under the Jefferson-port Townsend Shoreline
Management Kaster Program.
Conditions imposed through critical area review of a triggering
application made under any of the following ordinances may be
appealed to the Hearing Examiner, who shall review the
application and make recommendations as provided under
subsections 4.30 and 4.40 of this ordinance:
The Jefferson county Building Code Ordinance;
Jefferson County Ordinance No. 277, Rules and Regulations tor OD-
site Sewage Disposal systems.
Appeals of administrative decisions made under subsection 5.404.2
of this ordinance may be made only by the applicant for the
triggering permit or approval.
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1 5.405 Time Period tor Review and Accroval: Any time period specified
2 tor 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 5.406 Fees: Fees for critical area review, site investigations and
8 determinations and critical area report preparation shall be as set
9 forth in Appendix A.
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RESO 598,00
SECTION 61
WETLANDS
6.10
6.20
6.30
6.40
6.50
Introduction
purpose
Classification/Designation
Applicability and Waivers
protection standards
.
6.10
Introduction
Wetlands in Jefferson county are characterized by hydric soils, water-
tolerant plants (i.e., hydrophytic vegetation), and surfaces that are
either saturated or inundated with water for a specified period of
time during the growing season. A wetland positivelY impacts water
quality and stormwater control by trapping and filtering surface and
ground water. Wetlands also provide valuable habitat for fish and
wildlife. Because of the difficulty in replacing these rare and
valuable areas, these regulations control development within and
adjacent to specific high quality wetlands.
6.20
Purpose
To protect the public from harm by preserving the functions of
wetlands and streams-as recharge for groundwater, flood storage,
floodwater conveyance, habitat for fish and wildlife, sediment
control, pollution control, surface water supply, and aquifer
recharge. The purpose of this ordinance section is, however,
subordinate to the overall purpose of this ordinance as stated in
Sl~201.
6.30
Classification/Desianation
6.301 Classification: For the purposes of this ordinance, wetlands
shall be classified using the Washington state Department of Ecology's
Wetland Ratina svstem for Western washinaton, October, 1991 ed.
6.302 Desianation: As determined using the Washington state
Department of Ecology's Wetland Rating System for Western Washington,
october, 1991 ad., class I wetlands, class II wetlands 2,500 square
feet or larger in size and class III and IV wetlands 10,000 square
feet or larger in size shall be subject to the standards of this
section.
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1 6.303 Sources Used for Identification:
2 designated wetlands include, but are not
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Sources used to identify
limited to:
United States Department of the Interior, Fish and Wildlife
Service, National Wetlands Inventorv.
Areas identified as hydric soils, soil~with significant
soil inclusions and "wet spots" within the United states
Department of Agriculture/soil Conservation service ~
Survey for Jefferson County.
Washington state Department of Natural Resources, GeoaraDhic
Information Svstem: Hvdrograuhv and Soils Survey Lavers.
6.304 Wetland MaDS: The wetland maps prepared by the County using the
identification sources listed in subsection 6.303 have been produced
for informational purposes only and are. not regulatory devices forming
an integral part of this ordinance.
6.40
ADDlicabilitv and Waivers
6.401 ADplicabilitv: Critical area review shall be required for any
triggering application for a project on a parcel of real property
containing a designated wetland or its buffer, unless waived under
subsection 6.402, below.
6.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates, to the satisfaction of the Administrator,
that all building sites and project related improvements (including
any clearing or grading activity) will be located outside of any
designated wetland or its buffer.
6.403 Waiver Conditions: In order to secure compliance with
subsection 6.402, above, the Administrator may require conditions of
approval which ensure that no portion of the proposed development will
encroach upon the designated wetland or its buffer. conditions of
approval may include, but are not limited to: partial wetland
delineations; optional conservation easements; and the graphic
portrayal of building envelopes and related improvements on the face
of final short or long plats and binding site plans.
6.50 protection standards
6.501 General: A triggering application for a project on a parcel of
real property containing a designated wetland or its buffer shall
adhere to the requirements set forth below.
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1 6.502 Delineation: An applicant submitting a triggering application
2 shall also submit, and have approved, a wetland delineation report as
3 specified in section 11 of this ordinance. Additionally, the
4 following provisions shall apply:
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The location of the wetland and its boundary shall be
determined through the performance of a field investigation
utilizing the methodology contained in the Corps of
Engineers wetland Delineation Manual, Technical Report No.
Y-57-1.
If the wetland is located off of the property involved in
the triggering application and is inaccessible, the best
information available shall be used to determine the wetland
boundary and class.
After approval of the delineation report, the wetland
boundary shall be staked and flagged in the field.
6.503 Drainaae and Erosion control: An applicant submitting a
triggering application shall also submit, and have approved, a
drainage and erosion control plan as specified in section 11 of this
ordinance. The plan shall discuss, evaluate and recommend methods to
minimize sedimentation of designated wetlands during and after
construction. .
6.504 Buffer Markinq: Upon approval of the delineation report the
location of the outer extent of the wetland buffer shall be marked in
the field as follows:
A permanent physical separation along the upland boundary of
the wetland buffer area shall be installed and permanently
maintained. Such separation may consist of logs, a tree or
hedge row, or other prominent physical marking approved by
the Administrator.
Buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or everyone hundred (100) feet,
whichever is less. signs shall remain in place prior to and
during approved construction activities. The signs shall
contain the following statement: "Wetland & Buffer - Do Not
Remove or Alter Existing Native vegetation."
A notice to title shall be recorded with the Auditor, using
the form approved by the Prosecuting Attorney (included as
Appendix B of this ordinance).
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In the case of short plat, long plat and binding site plan
approvals under the Jefferson County Subdivision Ordinance,
No. 4-0526-92, as amended, the applicant shall include on
the face of any such instrument the boundary of the wetland
and its buffer.
The applicant may also choose to dedicate the buffer through -
a conservation easement or deed restriction that shall be
recorded with the Jefferson County Auditor. such easements
or restrictions shall, however, use the forms approved by
the prosecuting Attorney that are included as Appendices C
and D of this ordinance.
The following buffer
Buffer areas shall be required to provide sufficient
separation between the designated wetland and the adjacent
proposed project.
The appropriate width of the wetland buffer shall be
determined by either: application of the standard buffer
widths set forth below; or, an individual or firm meeting
the criteria of subsection 11.1002, below.
Buffers shall remain naturally vegetated except where the
vegetation has been disturbed, invaded by highly undesirable
species (e.g., noxious weeds), or would substantially
benefit from the increased diversity of introduced species.
Where buffer disturbance has occurred during construction,
replanting with native vegetation shall be required. Minor
pruning of vegetation to enhance views and removal of
undesirable species (e.g., alders) may be permitted by the
Administrator on a case by case basis.
All buffers shall be measured perpendicularly from the
wetland boundary as surveyed in the field.
" .
standard wetland buffer widths:
Wetland Class
Hiah Intensity
Land Uses
Low Intensitv
Land Uses
Class I
Class II
Class III
Class IV
150 feet
100 feet
50 feet
25 feet
75 feet
50 feet
25 feet
25 feet
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1 6.506 Reducina 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:
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standard wetland buffer width averaging as set forth in
subsection 6.508, below, is unfeasible.
The project application includes a buffer enhancement plan
using native vegetation which substantiates that an enhanced
buffer will improve the functional attributes of the buffer
to provide additional protection for functions and values.
under no circumstances shall buffer widths be reduced by
more than twenty-five (25) percent.
6.507 Increasina Buffer Widths: The Administrator may increase the
standard wetland buffer widths set forth in subsection 6.505.5, above,
when a larger buffer is necessary to protect wetland functions and
values based on local conditions. This determination shall be made
only when the Department, at its own expense, demonstrates anyone of
the following through appropriate documentation:
A larger buffer is necessary to maintain viable populations'
of existing species.
The adjacent land has minimal vegetative cover or slopes
greater than forty-five (45) percent.
6.508 Averaaina Buffer widths: The Administrator may modify the
standard wetland buffer widths set forth in subsection 6.505.5, above,
by averaging. Buffer width averaging shall be allowed only when an
individual or firm meeting the criteria of subsection 11.1002, beloW,
demonstrates all of the following to the satisfaction of the
Administrator:
The wetland is used by species listed by the Washington
state Department of wildlife as endangered, threatened, or
sensitive, or has documented priority species or habitats or
essential or outstanding potential habitat for those
species, or has unusual nesting or resting sites (e.g.,
heron rookeries and raptor nesting trees).
The adjacent land is susceptible to severe landslide or
erosion, and erosion control measures will not effectively
prevent adverse wetland impacts.
Width averaging will not adversely impact the wetland
functional values.
The total area contained within the wetland buffer after
averaging is not less than that contained within the
standard buffer prior to averaging.
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The standard buffer width has not been reduced by more than
fifty (50) percent or to less than twenty-five (25) feet.
. .
.
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SECT1:0N 7:
CRIT1:CAL AQUIFER RECHARGE AREAS
7.10
7.20
7.30
7.40
7.50
7.60
Introduction
purpose
Classification/Designation
Applicability and Waivers
protection standards
Conditions
7.10
Introduction
Aquifer recharge areas in Jefferson County. are characterized by porous
geologic formations that allow percolation of surface water into the
soil (i.e., groundwater). Most rural areas in Jefferson County use
aquifers as a source for drinking water. This section provides
protection measures for aquifers that allow rapid percolation of
surface water into the soil in areas that are most vulnerable due to
population distribution (i.e., critical aquifer recharge areas). The
protection measures in this section are intended to maintain the
quality of groundwater by preventing contamination.
7.20
Pur-case
To protect the public health and safety
of groundwater that is now, or which is
future, as a source for drinking water.
section is, however, subordinate to the
ordinance as stated in §1.201.
by preventing the degradation
likely to be used in the.
The purpose of this ordinance
overall purpose of this
7.30
Class~ication/Desiqnation
7.301 Classification: For the purposes of this ordinance, critical
aquifer recharge areas shall be classified based upon a combination
of: the susceptibility rating system within the Modified ORASTIC
del ete i 'n Cr't'cal A u' e Rechar e Areas for a
Jefferson countv. Washinqton, November, 1992, ed.; and population
density patterns obtained from the united states Department of
commerce, Bureau of the Census, 1990 United states CensUS.
7.302 Desiqnation: Areas that are characterized by a combination of
soils and geologic units with greater than sixty (60) percent
susceptibility and a population density of equal to or greater than
one person per ten (10) acres shall be subject to the standards of
this section.
35
1 7.303 Sources Used for Identification:
2 aquifer recharge areas include, but are
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Sources used to identify
not limited to:
:~d~;~~~ ~~~;I~ ~o~:~ ;oI Determinina critical Aauifer
cod n Jefferson County. Washinaton,
November, 1992, ed.
United States Environmental Protection Agency, DRASTIC: A
~;~~~a~~~~~~e~i~~~~ ~~~t~~;u(~~~a6~~/~~~8~~~;~):Ollution
Washington State Department of Ecology and Washington state
Department- of Community Development, Critical Aauifer
Recharae Areas. the DRASTIC Approach, June, 1991, ed.
united states Department of Agriculture/Soil Conservation
Service, Soil SurveY for Jefferson county.
united states Department of Interior, USGS Ouadranale Mans,
(map showing unconsolidated deposits grouped on the basis of
texture, Port Townsend 30' x 60' quadrangle - map 1-1198-
D) .
Washington State Department of Natural Resources, Division
of Geology and Earth Resources, Geoloaic MaDs of Eastern
Jefferson county.
Washington state Department of Natural Resources, Geoaraphic
Information system: Soil SurveY.
"- I
united states Department of commerce, Bureau of the Census,
1990 united states Census.
7.304 Reevaluation of Desianation Criteria: The criteria used within
this ordinance to designate critical aquifer recharge areas shall be
formally reevaluated by the County for their continued accuracy if
this ordinance remains in effect after December 31, 1995.
7.305 critical Aauifer Recharae Area Maps: The maps prepared by
Jefferson County using the identification sources listed in subsection
7.303 have been produced for informational purposes only and are not
regulatory devices forming an integral part of this ordinance.
7.40
APplicabilitv and Waivers
7.401 ADPlicability: critical area review shall only be required for
a triggering application involving one of the following uses or
activities for a project on a parcel of real property containing a
designated critical aquifer recharge area:
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Ja,'arlQn CQ~nty, WR POPE RESOURCES RESO S9B.00
The construction, or expansion of landfills and solid waste
disposal facilities.
The construction, expansion or repair (excluding emergency
repair) of major energy transmission and generating
facilities, including pipelines and substations.
The construction or expansion of industrial or commercial
developments that, when completed, would handle or store
hazardous substances or dangerous wastes, including fuel or
chemical storage facilities.
The construction or expansion of golf courses.
Subdivision development that would create parcels of less
than one gross acre in size.
7.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates both of the following, to the satisfaction
of the Administrator:
There is adequate geologic information available for the
project area to determine the impacts of the proposed
development and appropriate mitigating measures, if any.
The proposal would not cause significant adverse impacts on
water quality or quantity in the underlying aquifer.
7.403 Waiver Conditions: In order to secure compliance with
subsection 7.402, above, the Administrator may require conditions of
approval which ensure that the proposal will not degrade groundwater
quality and quantity. conditions of approval may include, but are not
limited to: upgrading available on-site spill response equipment;
employee spill response training; emergency service coordination
measures; and groundwater monitoring.
7.50
Protection standards
7.501 General: A triggering application subject to the provisions of
this section for a project on a parcel of real property containing a
designated critical aquifer recharge area shall adhere to the
requirements set forth below.
7.502 Aauifer Recharae Area Recort: An applicant submitting a
triggering application subject to this section shall also submit, and
have approved, an aquifer recharge area report, as specified in
section 11 of this ordinance.
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1
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3 7.601 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, secure the objectives of this section.
7
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7.60
Conditions
7.602 Basis for conditions: All conditions of approval required
pursuant to this section shall be based upon the recommendations of a
qualified professional, contained within an approved aquifer recharge
area report. Conditions of approval may include, but are not limited
to: upgrading avail~ble on-site spill response equipment; employee
spill response training; emergency service coordination measures; and
groundwater monitoring.
38
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3 Subs.ction.
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9
10
1.1
12
1.3
1.4
1.5
1.6
1.7
1.8
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SECTION 81 ~REQUBHTLY 7LOODBD AREAS
8.10 Introduction
8.20 purpose
8.30 Incorporation by Reference
8.40 Relationship to other Regulations
8.10 Introduction
Frequently flooded areas in Jefferson county are areas subject to
periodic inundation that results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditure for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
8.20 purDose
To protect the public from harm by regulating all development
activities requiring issuance of a county permit that are proposed for
location in a flood hazard area. The purpose of this ordinance section
is, however, subordinate to the overall purpose of this ordinance as
stated in 51.201. .
8.30 IncorDoration by Reference
The Jefferson County Interim critical Areas Ordinance hereby
incorporates by reference the classification, designation and
protection provisions contained in the Jefferson county FloodDlain
~anaaement Ordinance (Ordinance No. 1-89) with the following addition:
In addition to the insurance maps identified in the
Floodplain Management Ordinance (ordinance No. 1-89), flood
hazard areas shall" be identified with reference to the
Federal Emergency Management Agency (FEMA) 100-year
floodplain designations. Such flood hazard areas shall be
subject to the criteria of the Floodplain Management
Ordinance.
The Floodplain Management ordinance conforms with the intent of the
Minimum Guidelines (WAC 365-190-080(3» through directly considering
the effects of flooding on human health and safety, together with
effects on public facilities and services, through its protection
standards.
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J.ff.~.on Co~nty, WA POPE RESOURCES
8.40 RelationshiD to other Reau1ations
II 43S974
Pal.' 182 of S41
08/04/2000 11 ,40R
RESO S98. 00
1
2
3 While the Jefferson county Floodplain Management ordinance requires
4 consistency with all other applicable laws, in the event that a
5 conflict should exist the stricter standard shall apply to the
6 regulated development.
7
8
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SECTION
9:
GEOLOGICALLY HAZARDOUS AREAS
9.10
9.20
9.30
9.40
9.50
9.60
Introduction
purpose
Classification/Designation
App_licability and Waivers
protection standards
Conditions
9.10
Introduction
Geologically hazardous areas in Jefferson county are characterized by
slope, soil type, geologic material, and g~oundwater that may combine
to create problems with slope stability, erosion, and water quality
during and after construction or during natural events such as
earthquakes or severe rainstorms. The following regulations will
guide development in these critical areas.
9.20
puruose
To maintain the natural integrity of geologicallY hazardous areas and
their buffers in order to protect adjacent lands from the impacts of
landslides, mudslides, subsidence, excessive erosion, and to safeguard
the public from these threats to life and property. The purpose of
this ordinance section is, however, subordinate to the overall purpose
of this ordinance as stated in Sl.201. -
9.30
Classification/Desianation
9.301 classification: For the purposes of this ordinance,
geologicallY hazardous areas shall be classified based upon a
combination of erosion, landslide and seismic hazard.
9.302 Desianation: The following erosion, landslide and seismic
hazard areas shall be subject to the standards of this section:
Erosion hazard areas:
a. Areas containing soils or soil complexes described and
mapped within the united states Department of
Agriculture/Soil Conservation service soil SurveY for
Jefferson County as having a severe or very severe
erosion hazard potential:
Landslide hazard areas: Areas potentiallY subject to mass
movement due to a combination of geologic, topographic and
hydrologic factors including:
41.
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a. Areas of historic failures lor potentially unstable
slopes, such as:
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39 9.303 Sources Used for Identification: Sources used to identify
40 geologically hazardous areas include, but are not limited to:
41
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48
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50 4.
51
52
( i)
(ii)
(iii)
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 soil survey for Jefferson countv;
areas described and mapped as recent or old
landslides or slopes of unstable materials within
the Washington state Department of Ecology Coastal
Zone Atlas of Jefferson County; and
areas described and mapped as areas of poor
natural stability, former landslides and recent
landslides by the Washington state Department of
Natural Resources, Division of Geology and Earth
Resources;
Areas potentially unstable as a result of rapid stream
incision, stream bank erosion, or undercutting by wave
action; and
b.
c.
Areas with any indications of earth movement, such as:
( i)
(ii)
( iii)
(iv)
rockslides;
earthflows;
mudflows; and
landslides.
.;
seismic hazard areas: Areas subject to severe risk of damage
as a result of earthquake induced ground shaking, slope
failure, settlement, soil liquefaction, or surface faulting.
These areas are identified by the presence of: poorly
drained soils with greater than fifty percent (50%) silt and
very little coarse material; loose sand or gravel, peat,
artificial fill and landslide materials; or soil units with
high organic content.
united states Department of Agriculture/Soil conservation
service, soil Survey for Jefferson county.
Washington state Department of Ecology, Coastal Zone Atlas.
Washington state Department of Natural Resources, SlODe
Stability and Geoloaic Macs of Eastern Jefferson county.
Washington state Department of Natural Resources, Geoarachic
Information System: Soil Survey.
42
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J.rr.rlon Countv, WR POPE RESOURCES ØR8ESfØ4f2ØØØ 11:4ØR
0 698.ØØ
Washington state Department of Natural Resources, Geologic
Maps of Eastern Jefferson county, comoressibility of Earth
Materials in Eastern Jefferson county.
united states Department of the Interior, USGS Quad MaDS.
~.304 Geoloaic Hazard Area MaDS: The maps prepared by the County
using the identification sources listed in subsection 8.303 have been
produced for informational purposes only and are not regulatory
devices forming an integral part of this ordinance.
9.40
ADDlicabilitv and Waivers
ADDlicabilitv:
1. critical area review shall be required for any triggering
application for a project on a parcel of real property
containing a designated erosion or landslide hazard area,
unless waived under subsection 9.402, below.
critical area review shall be required where a triggering
application is made for construction of any publiclY owned
facility in a designated seismic hazard area.
9.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates either one of the following, to the
satisfaction of the Administrator:
All building sites and project related improvements
(including any clearing or grading activity) will be located
outside of any designated geologic hazard area or its
buffer.
There is adequate geologic information available for the
project area to.determine the impacts of the proposed
development and appropriate mitigating measures, if any; and
the proposal would not cause adverse geological impacts on
or off the project site.
9.403 waiver Conditions: In order to secure compliance with
subsection 9.402, above, the Administrator may require conditions of
approval which ensure that no portion of the proposed development will
encroach upon a designated geologic hazard area or its buffer.
Conditions of approval may include, but are not limited to: optional
conservation easements; the graphic portrayal of building envelopes
and related improvements on the face of final short or long plats and
binding site plans; drainage and erosion control plans; and notices to
title.
43
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Jetterlon County, WA POPE RESOURCES RESO 698.00
1
2
3 9.501 General: A triggering application for a project on a
4 real property containing a designated geologically hazardous
5 its buffer shall adhere to the requirements set forth below.
6
7 9.502 Drainaae and Erosion Control:
8
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35 9.503 Clearina and Gradina:
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SO
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9.50
Protection Standards
parcel of
area or
An applicant submitting a triggering application shall also
submit, and have approved, a drainage and erosion control
plan, as specified in section 11 of this ordinance, when the
triggering. application involves either of the following:
a. The alteration of a geologically hazardous area or its
buffer; or
b. The creation of a new parc~l ~ithin a known geologically
hazardous area.
Drainage and erosion control plans required under this
section shall discuss, evaluate and recommend methods to
minimize sedimentation of adjacent properties during and
after construction.
surface drainage shall not be directed across the face of a
marine bluff, landslide hazard or ravine. If drainage must
be discharged from a bluff to adjacent waters, it shall be
collected above the face of the bluff and directed to the
water by tight line drain and provided with an energy
dissipating device at the shoreline.
In addition to any erosion control methods specified in the
drainage and erosion control plan, the Administrator may
require hydroseeding of exposed or disturbed areas.
The following provisions regarding clearing shall apply:
a. Clearing within geologically hazardous areas shall be
allowed only from April 1 to November 1, unless the
applicant demonstrates that such activities would not
result in impacts contrary to the protection requirements
herein..
b. Only that clearing necessary to install temporary
sedimentation and erosion control measures shall occur
prior to clearing for roadways or utilities;
c. 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;
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27 9.504 Veaetation Retention: The following provisions regarding
28 vegetation retention shall apply:
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44 9.505 Buffer Markina: The location of the outer extent of landslide
45 hazard area buffers shall be marked in the field as follows:
46
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50
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J.rr.~.on County, WA POPE RESOURCES RESO 598.00
d. Clearing for roads and utilities shall remain within
construction limits which must be marked in the field
prior to commencement of site work; and
e. The authorized clearing for roads and utilities shall be
the minimum necessary to accomplish project specific
engineering designs and shall remain within approved
rights-of-way.
The following provisions regarding grading shall apply:
a. An applicant submitting a triggering application shall
also submit, and have approved, a grading plan, as
specified in section 11 of this ordinance, when the
triggering application involves either of the following:
(i) The alteration of a .geologically hazardous area or
its buffer; or .
The creation of a new parcel within a known
geologicallY hazardous area;
( ii)
b. Excavation, grading and earthwork construction regulated
under this section shall only be allowed from April 1 to
November I, unless the applicant demonstrates that such
activities would not result in impacts contrary to the
protection requirements herein.
During clearing for roadways and utilities, all trees and
understory lying outside of approved construction limits
shall be retained: provided that understory damaged during
approved clearing operations may be pruned (see also,
subsection 9.503(1) (c), above).
Damage to vegetation retained during initial clearing
activities shall be minimized by directional felling of
trees to avoid critical areas and vegetation to be retained.
Retained trees, understory and stumps may subsequently be
cleared only if such clearing is necessary to complete the
proposal involved in the triggering application.
A permanent physical separation along the boundary of the
landslide hazard area shall be installed and permanentlY
maintained. Such separation may consist of logs, a tree or
hedge row, fencing, or other prominent physical marking
approved by the Administrator.
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Je"ereon County, WA POPE RESOURCES RESO 698.00
1. 2.
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17 9.506 Buffers - standard Reauirements:' The following landslide
18 hazard area buffer provisions shall apply:
19
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Buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or everyone hundred (lOO) feet,
whichever is less. Signs shall remain in place prior to and
during approved construction activities. The signs shall
contain the following statement: "Landslide Hazard Area &
Buffer - Do Not Remove or Alter Existing Native vegetation."
A notice to title shall be recorded with the Auditor in a
form approved by the Prosecuting Attorney.
In the case of short plat, long plat and binding site plan
approvals under the Jefferson county Subdivision ordinance,
No. 4-0526~92, as amended, the applicant shall include on
the face of any such instrument the boundary of the
landslide hazard area and its buffer.
Buffer areas shall be required to provide sufficient
separation between the landslide hazard area and the
adjacent proposed project.
The appropriate width of the landslide hazard area buffer
shall be determined by either: application of the standard
buffer width set forth below; or, an individual or firm
meeting the criteria of subsection 11.702, below.
Buffers shall remain naturally vegetated. Where buffer-
disturbance has occurred during construction, replanting
with native vegetation shall be required.
Buffers shall be retained in their natural condition,
however, minor pruning of vegetation to enhance views may be
permitted by the Administrator on a case by case basis.
All buffers shall be measured perpendicularly from the top,
toe or edge of the landslide hazard area boundary.
A standard buffer of thirty (30) feet shall be established
from the top, toe and all edges of landslide hazard areas.
9.507 Reducina Buffer widths: The Administrator may reduce the
standard landslide hazard area buffer width specified in subsection
9.506.6, above, when the project applicant demonstrates, to the
satisfaction of the Administrator, that the reduced buffer will
adequately protect the proposed project and the landslide hazard area.
Under no circumstances shall the buffer width be reduced to less than
ten (10) feet.
46
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J8"8rlon County, WA POPE RESOURCES RESO 698.00
1 9.508 Increasina Buffer widths: The Administrator may increase the
2 standard landslide hazard area buffer width specified in subsection
3 9.506.6, above, when a larger buffer is necessary to protect the
4 proposed project and the landslide hazard area, This determination
5 shall be made only when the Department, at its own expense,
6 demonstrates anyone of the following through appropriate
7 documentation:
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The landslide hazard area is unstable and active.
The adjacent land is susceptible to severe landslide or
erosion, and erosion control measures will not effectively
protect the proposed project or the landslide hazard area.
The adjacent land has minimal vegetative cover.
An applicant submitting a triggering application shall
submit, and have approved, a geotechnical report, as
specified in section 11 of this ordinance, when the
triggering application involves any of the following:
a. The alteration of a landslide hazard area or its buffer;
b. The creation of a new parcel within a known landslide
hazard area. .... ,
c. The construction of a publicly owned facility in a
designated seismic hazard area.
Where a geotechnical report is required for a landslide
hazard area, the triggering application shall not be
approved unless the geotechnical report certifies all of the
following: .
a. There is minimal landslide hazard as proven by a lack of
evidence of landslide activity in the vicinity in the
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past;
b. An analysis of slope stability indicates that the
proposal will not be subject to risk of landslide, or the
proposal or the.landslide hazard area can be modified so
that hazards are eliminated;
c. The proposal will not increase surface water discharge or
sedimentation to adjacent properties beyond
predevelopment conditions;
d. The proposal will not decrease slope stability on
adjacent properties; and
e. All 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.
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Conditions
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4 subject to the provisions of this section, the Administrator may
5 require mitigating conditions that will, in the Administrator's
6 judgment, sub8tantially secure the objectives of this section.
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9.602 Basis ~or Conditions: All conditions of approval required
pursuant to this section shall be based upon either the substantive
requirements of this section or the recommendations of a qualified
professional, contained within a special report required under this
section. .
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SBCTrOH
10:
7ISH AND WILDLI7E HABITAT AREAS
10.10
10.20
10.30
10.40
10.50
10.60
Introduction
Purpose
Classification/Designation
Applicability and Waivers
Protection Standards
Conditions
10.10
Introduction
Fish and wildlife habitat areas in Jeff~rson County are areas that are
critical to the preservation of specifically identified species. The
following regulations will guide development in these critical areas.
10.20
PurQose
To protect and conserve the habitat of specific fish and wildlife
species and shellfish, thereby maintaining or increasing their
populations in Jefferson County. The purpose of this ordinance section
is, however, subordinate to the overall purpose of this ordinance as
stated in 51.201.
10.30
Classification/Designation
10.301 Classification: For the purposes of this ordinance, fish and
wildlife habitat areas shall be classified based upon their
association with priority species, as listed by the Washington state
Department of Wildlife.
All seasonal ranges and habitat elements with which Federal
and State-listed endangered, threatened and sensitive
species have a primary association and which, if altered,
may reduce the likelihood that the species will maintain and
reproduce over the long term.
All seasonal ranges and habitat elements with which State-
listed candidate and monitor species or priority game and
nongame species have a primary association and which, if
altered, may reduce the likelihood that the species will
maintain and reproduce over the long term.
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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.
Those waters that meet the criteria for type 1, 2, 3,4 and
5 waters as set forth in Chapter 222-16-030 WAC.
United states Department of the Interior, Fish and Wildlife
Service, National Wetlands Inventory.
Washington State Department of Natural Resources, Water TvDe
Index MaDs.
Washington State Department of wildlife, Non-Game and
prioritv Habitats and Species Data Bases.
10.304 Fish and wildlife Habitat Area MaDs: The maps prepared by the
County using the identification sources listed in subsection 10.303
have been produced for informational purposes only and are not
regulatory devices forming an integral part of this ordinance.
10.40
ApDlicabilitv and Waivers
."
10.401 ADDlicabilitv: Critical area review shall be required for any
triggering application for a project on a parcel of real property
containing a designated fish and wildlife habitat area, unless waived
under subsection 10.402, below.
10.402 Waivers: The provisions of this section shall not apply when
the applicant demonstrates both of the following, to the satisfaction
of the Administrator:
All building sites and project related improvements
(including any clearing or grading activity) will be located
outside of any streamside buffers and away from critically
important plants and trees.
There is adequate information available for the project area
to determine the impacts of the proposed development and
appropriate mitigating measures, if any; and the proposal
would not cause adverse impacts to the fish and w~ldlife
habitat conservation area.
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1 10.403 Waiver Conditions: In order to secure compliance with
2 subsection 10.402, above, the Administrator may require conditions of
3 approval which ensure that no portion of the proposed development will
4 encroach upon critically important plants and trees or streamside
5 buffers. Conditions of approval may include, but are not limited to:
6 the graphic portrayal of building envelopes and related improvements
7 on the face of final short or long plats and binding site plans;
8 seasonal restriction of construction activities; and optional
9 conservation easements.
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Protection standards
10.501 General: A triggering application for a project on a parcel
of real property containing a designated fish and wildlife habitat
area or a streamside buffer shall adher~ t? the requirements set forth
below.
10.502 Habitat Manaaement Plan: An applicant submitting a triggering
application shall also submit, and have approved, a habitat management
plan, as specified in section 11 of this ordinance. The habitat
management plan shall identify how development impacts from the
proposed project will be mitigated.
An applicant submitting a triggering application shall also
submit, and have approved, a drainage and erosion control
plan, as specified in section 11 of this ordinance, when the
triggering application proposes one hundred (lOa) cubic
yards or more of excavating or grading and involves either
of the following:
a. The alteration of a fish and wildlife habitat area or its
buffer; or
b. The creation of a new parcel within a known fish and
wildlife habitat area.
Drainage and erosion control plans required under this
section shall discuss, evaluate and recommend methods to
minimize sedimentation of adjacent properties during and
after construction.
Surface drainage shall not be directed across the face of a
marine bluff, landslide hazard or ravine. If drainage must
be discharged from a bluff to adjacent waters, it shall be
collected above the face of the bluff and directed to the
water by tight line drain and provided with an energy
dissipating device at the shoreline.
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In addition to any erosion control methods specified in the
drainage and erosion control plan, the Administrator may
require hydroseeding of exposed or disturbed areas.
10.504- Gradina: An applicant submitting a triggering application
shall also submit, and have approved, a grading plan, as specified in
section 11 of this ordinance, when the project proposes one hundred
(100) cubic yards or more of grading and involves either of the
following:
The alteration of a fish and wildlife habitat area or its
buffer.
The creation of a new parcel within a known fish and
wildlife habitat area.
All trees and understory lying outside of road rights of way
and utility easements shall be retained during clearing for
roadways and utilities: Provided that understory damaged
during approved clearing operations may be pruned.
Damage to vegetation retained during initial clearing
activities shall be minimized by directional felling of
trees to avoid critical areas and vegetation to be retained.
Retained trees, understory and stumps may subsequently be
cleared only if such clearing is necessary to complete the
proposal involved in the triggering application.
10.506 Buffer Markina: Upon approval of the habitat management plan,
the location of the outer extent of required streamside buffers shall
be marked in the field as follows:
A permanent physical separation along the boundary of the
streamside buffer area shall be installed and permanently
maintained. Such separation may consist of logs, a tree or
hedge row, or other prominent physical marking approved by
the Administrator.
Buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or everyone hundred (100) feet,
whichever is less. Signs shall remain in place prior to and
during approved construction activities. The signs shall
contain the following statement: "Streamside Buffer - Do
Not Remove or Alter Existing Native Vegetation."
A notice to title shall be recorded with the Auditor in a
form approved by the Prosecuting Attorney (A copy of which
has been attached to this Ordinance as Appendix B).
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In the case of short plat, long plat and binding site plan
approvals under the Jetterson county Subdivision ordinance,
No. 4-0526-92, as amended, the applicant shall include on
the face of any such instrument the boundary of the
streamside buffer area.
The applicant may also choose to dedicate the buffer through
a conservation easement or deed restriction that shall be
recorded with the Jefferson County Auditor. such easements
or restrictions shall, however, use the forms approved by
the Prosecuting Attorney that are included as Appendices C
and D of this ordinance.
The following streamside
Buffer areas shall be required to provide sufficient
separation between the designated stream and the adjacent
proposed project.
The appropriate width of the streamside buffer area shall be
determined by either: application of the standard buffer
widths set forth below; or, an individual or firm meeting
the criteria of subsection 11.902, below.
Buffers shall remain naturally vegetated. Where buffer
disturbance has occurred during construction, replanting
with native vegetation shall be required.
Buffers shall be retained in their natural condition,
however, minor pruning of vegetation to enhance views may be
permitted by the Administrator on a case by case basis.
All buffers shall be measured perpendicularly from the
ordinary high water mark, or the top of the bank where the
ordinary high water mark cannot be identified.
streams with adjacent riparian wetland habitats shall be
subject to the buffer widths which apply to their wetland
class or the standard streamside buffer widths set forth
below, whichever is more restrictive.
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The following standard streamside buffer widths shall be
applied to each side of the stream:
Stream TVt>el
Averaae Width
Buffer Widths
Biah Intensitv Low Intensitv
Land Uses Land Uses
Type 1 & 2
Type 3
100 feet
100 feet
50 feet
25 feet
Type 4
Type 5
25 feet
15 feet
15 feet
15 feet
(Note: Stream type shall be determined using the criteria
set forth in Chapter 222-16-0jO WAC).
10.508 Reducina Buffer Widths: The Administrator may reduce the
standard streamside buffer widths specified in subsection 10.507.7,
above, when the project applicant demonstrates both of the following
to the satisfaction of the Administrator:
Standard streamside buffer width averaging as set forth in
subsection 10.510, below, is unfeasible.
The project application includes a buffer enhancement plan
using native vegetation which substantiates that an enhanced
buffer will improve the functional attributes of the habitat
to provide' additional protection for functions and values.
Under no circumstances shall buffer widths be reduced by
more than twenty-five (25) percent.
10.509 Increasina Buffer Widths: The Administrator may increase the
standard streamside buffer widths specified in subsection 10.507.7,
above, when a larger buffer is necessary to protect habitat functions
and values based on local conditions. This determination shall be
made only when the Department, at its own expense, demonstrates any
one of the following through appropriate documentation:
A larger buffer is necessary to maintain viable populations
of existing species of anadromous or salmonid fish.
The habitat area is used by species listed by the Washington
State Department of wildlife as endangered, threatened, or
sensitive, or has documented priority species or habitats or
essential or outstanding potential habitat for those
species, or has unusual nesting or resting sites (e.g.,
heron rookeries and raptor nesting trees).
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The adjacent land is susceptible to severe landslide or
erosion, and erosion control measures will not effectively
prevent adverse habitat and water quality im¡acts.
The adjacent land has minimal vegetative cover or slopes
greater than forty-five (45) percent.
10.510 Averaaina Buffer Widths: The Administrator may modify the
standard streamside buffer widths specified in subsection 10.507.7,
above, by averaging. Buffer width averaging shall be allowed only
when an individual or firm meeting the criteria of subsection 11.902,
below, demonstrates all of the following to the satisfaction of the
Administrator:
width averaging will not adversely impact the functional
values of the designated stream.,
The total area contained within the streamside buffer after
averaging is not less than that contained within the
standard buffer prior to averaging.
The standard buffer width has not been reduced by more than
fifty (50) percent or to less than twenty-five (25) feet.
10.60
Conditions
10.601 General: 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, substantially secure the objectives of this section.
10.602 Basis for Conditions: All conditions of approval required
pursuant to this section shall be based upon either the substantive
requirements of this section or the recommendations of a qualified
professional, contained within a special report required under this
section.
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46 11.204 precarer - Proof of Qualifications: Special reports shall
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SBCTION
111
SPBCIAL RBPORTS
11.10
11.20
11.30
11.40
11.50
11.60
11.70
11.80
11.90
11.100
Waivers
General Contents
Consultants
Responsibility
Aquifer Recharge Area Report
Drainage and Erosion control
Geotechnical Report
Grading Plan
Habitat Management Plan
Wetland Delineation Report
Plan
11.10
Waivers
The proposal involved in the triggering application will not
affect the critical area in a manner contrary to the goals,
purposes and objectives of this ordinance.
The minimum protection standards required by this ordinance are
satisfied.
11.20
General Contents
11.201 Scale MaD and Written ReDort: Special reports for critical
areas shall include a scale map of the development proposal site and a
written report.
11~202 ImDacts Assessment: The special report shall identify and
characterize any critical area as a part of the larger development
proposal site, assess impacts of the development proposal on any
critical areas on or adjacent to the development proposal site, and
assess the impacts of any alteration proposed for a critical area.
11.203 Protection Mechanisms: The special report shall propose
adequate protection mechanisms that may include mitigation,
maintenance and monitoring plans, and performance surety.
56
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3 11.301 Retainina consultants: Jefferson County may retain
4 consultants to assist in the review of special reports outside the
5 range of staff expertise. Jefferson County shall pay for the costs of
6 retaining said consultants.
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11. 30
Consultants
11.40
ReSDonsibility
11.401 General: All special reports shall be the responsibility of
the applicant, including payment of costs incurred for report
preparation.
11.402 Determining Accuracy & sufficiency: The Administrator shall
verify the accuracy and sufficiency of all special reports within ten
(10) working days of their receipt. This review period may be
extended only when dry conditions prevent the confirmation of a
wetland delineation and the applicant consents to the extension.
11.403 NonacceDtance of Inaccurate or Insufficient Reports: If the
Administrator finds that a special report does not accurately reflect
site conditions, or does not incorporate appropriate protection
mechanisms, the Administrator shall issue a report within twenty (20)
days of receiving the applicant's special report citing evidence
(e.g., soil samples, well log data, etc.) that demonstrates where the
special report is insufficient or in error. The applicant may then
either revise the special report and submit another special report, or
appeal the administrative determination pursuant to subsection 5.404,
above.
11.50
Aquifer Recharae Area ReDort
11.501 General: This report shall identify the risks associated with
the proposal that will potentially degrade the groundwater beneath the
site, and shall include conclusions and recommendations regarding
conditions of approval intended to maintain the quality of
groundwater.
11.502 Qualifications of the PreDarer: Aquifer recharge area reports
shall be prepared by either a licensed professional engineer or
geologist qualified to analyze hydrogeological information and
systems.
A description of the hydrogeologic setting of the aquifer
region, based upon readily available data, including:
a. Site location, topography and surface water bodies;
b. soils and geologic units underlying the site;
c. Groundwater characteristics of the area, including flow
direction and gradient, and groundwater quality; and
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d. The location and characteristics of wells and springs
within one thousand (l,OOO) feet of the site.
An evaluation of the existing groundwater recharge potential
of the site.
A discussion and evaluation of the potential impact of the
proposal upon area groundwater quality over a two to five
year period.
A discussion and evaluation of the potential impact of the
proposal upon on-site groundwater recharge.
A discussion and evaluation that details: available on-
site spill response equipment; employee spill response
training; appropriate exposure minimization techniques; and
appropriate emergency service coordination measures.
Recommended best management practices (BMP's) to minimize
exposure of permeable surfaces to potential pollutants and
to prevent degradation of groundwater quality and quantity.
Recommended groundwater monitoring measures.
11.60
Drainaqe and Erosion Control Plan
11.601 General: This plan shall address best management practices
which are physical, structural or managerial practices, that when used
singly or in combination, prevent or reduce pollution of water.
11.603 Information Requirements: The design standards and
information requirements for submission of drainage and erosion
control plans shall be established by the Department of Public Works.
11.70
Geotechnical Recort
11.701 General: This report shall include a description of the
geology of the site, conclusions and recommendations regarding the
effect of geologic conditions on the proposal, and opinions and
recommendations on the suitability of the site to be developed.
11.702 Qualifications of the precarer: Geotechnical reports shall be
prepared by a licensed geotechnical engineer, a professional
geologist, or a licensed professional engineer knowledgeable in
regional geologic conditions with professional experience in
landslide, erosion, or seismic hazard evaluation.
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Information Reauirements:
A description of the geologic setting of the region, based
upon readily available data, including:
a. site location and topography;
b. Soils and geologic units underlying the site; and
c. The location and characteristics of springs within one
thousand (1,000) fee of the site.
An evaluation of the potential landslide and erosion hazards
on the site.
A discussion and evaluation of the potential impact of the
proposal upon existing geological hazards.
Recommendations on appropriate protection mechanisms, if
necessary, to minimize the risk of erosion or landslide.
11.80
Gradinq plan
11.801 General: This plan shall identify the proposed development
project including the ,movement of material on-site, along with the
proposed and existing contours of the site, and cross sections
thereof.
11.802 Qualifications of the PreDarer: Grading plan~'shall be
prepared by a licensed professional engineer or an individual with at
least three years of experience in the preparation of grading plans
who is knowledgeable of soil conditions and geology in Jefferson-
County.
Information Requirements:
A description of the general vicinity of the proposed site.
The property limits and accurate contours of existing ground
and details of terrain and area drainage.
Limiting dimensions, elevations of finish contours to be
achieved by the grading, and proposed drainage channels and
related construction.
Detailed plans of all surface and subsurface drainage
devices, walls, cribbing, dams and other protective devices
to be constructed with, or as a part of, the proposed work
together with a map showing the drainage area and the
estimated runoff of the area served by any drains.
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Jefferlon County, WA POPE RESOURCES
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.
A discussion and evaluation of the potential impact of the
proposed grading upon designated critical areas.
Recommendations on appropriate protection mechanisms, if
necessary, to prevent degradation of designated critical
areas and to ensure public safety.
11. 90
Habitat Management plan
11.901 General: This report shall identify how the development
impacts of the proposed project will be mitigated. The Washington
Department of wildlife Priori tv Habitat and Species Manaqement
Recommendations shall be the basis for this report.
11.902 Qualifications of the Preparer: Habitat management plans
shall be prepared by persons who are educated in the field of biology
and who currently derive, or who previously have derived, their
livelihood from employment as wildlife biologists, habitat management
consultants, or botanists.
¿
Information Requirements:
A map(s) prepared at an easily readable scale, including the
following information:
a. The location of the proposed development site, including
property limits;
b. The relationship of the site to surrounding topographic
and cultural features;
c. The nature and density of the proposed development or
land use change;
d. proposed building locations and arrangements; and
e. The boundaries of forested areas.
A legend that includes the following information:
a. A complete and accurate legal description as prescribed
by the triggering application form (the description shall
include the total acreage of the parcel);
b. Title, scale and north arrows;
c. Date, including revision dates, if applicable; and
d. certificates by a professional biologist as. appropriate.
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J8"8rlQM CQ~MtYI WR POPE RESOURCES RESO 698.00
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 the proposed
development, activity or land use change upon the
wildlife species identified by the Washington Department
of Wildlife within the identified priority habitat,
utilizing the management guidelines;
c. A plan by the applicant that shall explain how any
adverse impacts created by the development will be
mitigated.
possible mitigating measures that may include, but are not
limited to:
a. Establishment of buffer zones;
b. Preservation of critically important plants and trees;
c. Limitation of access to habitat area;
d. seasonál restriction of construction activities; and
e. Establishing a timetable for periodic review of the plan.
11.100
Wetland Delineation ReDort
11.1001 General: This report shall be required when a proposed
development encroaches upon a designated wetland or its buffer, and
shall be used to identify the boundaries of the designated wetland.
11.1002 Qualifications of the preDarer: Wetland delineation reports
shall be prepared by either a biologist with wetlands expertise, or an
individual or firm who has been certified by the united states Army
Corps of Engineers, Region 10, to perform wetland delineations.
Information Requirements:
A map(s) prepared at an easily readable scale, including the
following information:
a. Wetland boundar ies ;
b. Sample site and sample transects;
c. Boundaries of forested areas; and
d. Boundaries of wetland classes if multiple classes exist.
A legend that includes the following information:
a. A complete and accurate legal description as prescribed
by the triggering application form (the description shall
include the total acreage of the parcel);
b. Title, scale and north arrows;
61
I 1"111 \~~ \1\1 I\~I II\~ \\11 I\~\I I~ \11\\1 III 1\\1 :~~~~~,
Jellerlon County, WA POPE RESOURCES RESO 698.00
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c. Date, including revision dates, if applicable; and
d. certificates by a professional biologist as appropriate.
A report that contains the following information:
a. A discussion of the delineation methods and results, with
special emphasis on technique used from the Corps of
Engineers Wetland Delineation Manual, Technical Report
No. Y-87-1 ;
b. A description of relevant site information acquired from
the National Wetland Inventorv maps and the soil SurveY
for Jefferson Countv;
c. The acreage of each wetland on the site, based on the
survey, if the acreage will impact the buffer size
determination or the project design; and
d. All completed field data sheets numbered to correspond to
each sample site. .
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12.10
12.20
12.30
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~IIIIIIIIIIIIIIIIIIIIIIII 11111 \\II\~IIII\ 11\ :~:~;\~~
J8"8rlon County, WA POPE RESOURCES RESO 698.00
SBCTION
REASONABLB ECONOMIC USE VARIANCE
12 :
Application
Notice
Findings
conditions
12.10
Application
If an applicant for critical area review demonstrates to the
satisfaction of the Hearing Examiner that application of the
standards of this ordinance would preclude reasonable
economic use of the parcel, a-variance to such standards may
be permitted if the applicant demonstrates, and the Hearing
Examiner finds, that the application meets all of the
criteria set forth in subsection 12.30 below.
Variance applications shall be submitted prior to any public
hearing required by the ordinance governing the triggering
application, and shall be submitted in writing on forms
provided by the Department, together with the triggering
application and all critical areas information requirements,
where feasible.
12.20
Notice
Notice of a reasonable economic use variance request shall be given in
conjunction with the notice required for the triggering application:
Provided, that if the triggering application does not require a public
hearing, the Hearing Examiner shall conduct a public hearing on the
variance request. consistent with the Jefferson county Hearing
Bxáainer ordinance, No. 1-0318-91, decisions of the Hearing Examiner
shall be final and conclusive unless appealed to the Board (see
subsection 12.1 of ordinance no. 1-0318-91). When the triggering
application does not require a public hearing, the following notice
shall be provided:
The Department shall arrange for at least one publication of
the notice of hearing to appear in a newspaper of general
circulation within the county at least ten (10) days before
the hearing. payment of all publication fees shall be the
responsibility of the applicant.
The Department shall send notice to adjacent property owners
advising them of the hearing. The notice shall be mailed to
the owners of record of all property lying within three
hundred (300) feet of the property at issue, at least ten
63
11\\111 \II \\\1\1 1\\11 II\~ \\11 I~~~!~" III 1\\1 ;~~;:~~~
J.".rlon County, WA POPE
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(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.
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 ten (10) days prior
to the hearing, not including the day of posting or the day
of the hearing. The notices shall be placed in conspicuous
locations on or near the property and shall be removed by
the applicant after the hearing. Notices shall be mounted
on easily visible boards that meet Department requirements.
The affidavit of posting shall be signed, notarized, and
returned to the Department at least seven days prior to the
hearing.
All hearing notices shall include a legal description of the
property involved, and a concise description of the variance
requested in nonlegal language.
12.30
Findinqs
A reasonable economic use variance may be granted only when the
Hearing Examiner finds that the application meets all of the following
criteria:
No reasonable economic use with less impact on the critical
area or its buffer is possible.
There is no feasible on-site alternative to the proposed
activities that would allow a reasonable economic use with
less adverse impacts to critical areas or critical area
buffers. Feasible on-site alternatives shall include, but
are not limited to: reduction in density; phasing of
project implementation; change in timing of activities; and
revision of roa4 or parcel layout or related site planning
considerations. -
The proposed variance will result in the minimum feasible
alteration or impairment to the critical areas functional
characteristics and existing contours, vegetation, fish and
wildlife resources, and hydrological conditions.
Disturbance of critical areas has been minimized by locating
any necessary alteration in critical area buffers to the
extent possible.
64
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Je"er,on County, WR POPE RESOURCES RESO 698.00
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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.
The proposed variance will not cause degradation to surface
or ground water quality.
The proposed variance complies with all Federal, state and
local statutory and common law, including statutory laws
related to sediment control, pollution control, floodplain
restrictions, and on site wastewater disposal, and common
law relating to property and nuisance.
There will be no material damage to nearby public or private
property and no material threat to the health or safety of
people on or off the property~
The inability to derive reasonable economic use of the
property is not the result of actions by the applicant in
segregating or dividing the property and creating the
undevelopable condition after the effective date of this
ordinance.
12.40
Conditions
,,',
In granting approval for reasonable economic use variances,
the Hearing Examiner may require mitigating conditions that
will, in the Examiner's judgment, substantially secure the
objectives of the ordinance standards or requirements so
varied.
In granting approval for reasonable economic use variances
involving designated wetlands, the Hearing Examiner shall
consider the following mitigating conditions:
a. provision of a mitigation plan demonstrating how the
applicant intends to substantially restore the site to
predevelopment conditions following project completion;
and
b. The restoration, creation or enhancement of wetlands and
their buffers in order to offset the impacts resulting
from the applicant's actions; the overall goal of any
restoration, creation or enhancement project shall be no
net loss of wetlands function and acreage.
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111\\ II II I~III 11111111111 11111 I 1111111111 ::.~~~:~~
Jeffer.on County, WA POPE RESOURCES RESO 698,00
SECTION
13:
LEGAL PROVISIONS
violations
Remedies
Severability
Effective Date
Adoption
13.10
violations
No triggering application for a project on a parcel of real
property containing a designated critical area or its buffer
shall be approved until critical areas review has been
approved as provided in this ordinance. Any owner, or agent
of the owner of such land who initiates any development
activity related to a triggering application prior to
critical area review shall be guilty of a gross misdemeanor.
Whenever the use of a parcel of real property containing a
designated critical area or its buffer subject to this
ordinance violates any term or condition of critical areas
review, then the Prosecuting Attorney may commence an action
to restrain and enjoin such use and compel compliance with
the conditions of approval.
13.20
Remedies
Jefferson Countv Prosecutinq Attornev: The Prosecuting
Attorney shall have access to all remedies provided in this
ordinance.
General Penaltv: In addition to incurring civil liability
as identified above, any person found to have wilfully
engaged in activities in designated critical areas in
violation of the provisions of this section, or any other
ordinance where permit application or approval requires
critical area determination and review, shall be punished by
a fine of not less than twenty-five dollars ($25) nor more
than one thousand dollars ($1,000) for each day the
violation continues to exist.
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39
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violators Liabilitv: 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 behalf of all
persons similarly situated. If liability has been
established for the cost of restoring an area affected by a
violation, the court shall make provision to ensure that
restoration will be accomplished within a reasonable time at
the expense of the violator. In addition to such relief,
including money for damages, the court in its discretion may
award attorney's fees and costs of the suit to the
prevailing party.
Any permit or approval issued under the terms and conditions
of this ordinance may, after a hearing with notice to the
permittee and the public, be rescinded by Jefferson County
upon the findings that a permittee has not complied with the
conditions imposed with the permit. A public hearing may be
held after 10 days notice to the permittee, interested
parties, and the public.
13.30
Severability
If any section, subsection, or other portion of this ordinance is for
any reason held invalid or unconstitutional by any court of competent
jurisdiction, such section, subsection, or portion shall be deemed a
separate portion of this ordinance and the holding shall not affect
the validity of the remaining portions of this ordinance.
13.40
Effective Date
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J8"8rlon County, WA POPE RESOURCES RESO SS8.00
13.50
Adootion
1
2
3 Adopted by the Jefferson County Board of Commissioners this 9th day of
4 May, 1994.
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16 ATTEST:
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COMMISSIONERS OF
COUNTY, WASHINGTON
,-----.. s -
Mark Huth, Jefferson County
Prosecuting Attorney
68 '
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Je"er.on County, WR POPE RESOURCES
Appen4ix AI critical Area aeview
:r.. Sobe4ule
critical Ar.. aeview:
1.
2.
Advanoe Determination
site visit Þy staff:
waiver granted to applicant:
No Charge
Special reports required: $100 plus
$25 per hour over 5 hours of staff
time
1.
Non-Binding: No Charge
Binding: $150
2.
1.
First visit or visit for map
clarification: No Charge
Additional visits required by the
critical Area review process:
$35 per hour
2.
i
IIIIII~~ I\~\II 11111111\\ 1111111111111\\1\\11\ II~ ::~~~\~:,
J.ff.rlon County, WR POPE RESOURCES RESa &98.00
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN AND FOR THE COUNTY OF JEFFERSON
)
)
)
)
)
)
)
)
ORDINANCE NO.
11-0822-94
IN THE MATTER OF
An ordinance amending the
Jefferson county Interior
critical Areas Ordinance,
No. 05-0509-94, adding
a sunset provision thereto.
FINDINGS
The Jefferson County Board of County Commissioners enter the
following findings:
1.
On May 9 I
1994 I the Jefferson County Board of County
commissioners
("BOCC" )
adopted Ordinance No.
05-0509-94
( II CAO
Ordinance") pursuant to the requirements of RCW 36.70A.060.
2.
A Notice of Adoption was published pursuant to RCW
36.70A.290(2) on June 1, 1994.
3.
On- July 29, 1994, the city of Port Townsend and Shine
Community Council filed appeals to the Western Washing~on Growth
Management Hearings Board ("WWGMHB") of the CAO Ordinance.
These
appeals were subsequently consolidated by the Board under Cause No.
94-2-0012.
4.
The parties to the CAe Appeal wish to settle the matter
and by stipulation they have committed to specific actions.
5.
The County has committed to amend the. CAO Ordinance to
allow a public process for consideration of each issue set forth in
the petitions for review filed by the city of port Townsend and
Shine Community Council.
6.
In order to accomplish that public process and commit to
ORDINANCE
PAGE 1
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Jeffereon County, WA POPE RESOURCES
subsequent review of the amended CAO pursuant to RCW 3õ.70A.280 et
seq., if necessary, the County has agreed that a sunset provision
of December 31, 1994 should be included in the ~AO.
7.
The County will undertake and complete the statutorily
required public process to consider each of the issues raised in
the petitions for review.
Upon completion of that public process
the County will adopt a New Critical Areas Ordinance pursuant to
applicable laws.
The New CAO may be a readoption of the existing
CAO or adoption of modifications and/or additions to the existing
CAO.
The County shall publish a Notice of Adoption of the New CAO
pursuant to RCW 3õ.70A.290(2).
8.
The County expressly agrees to evaluate as ~art of the
review of any development proposal in unincorporated Jefferson
County
impacts
to
known
aquifers
pursuant
to
the
state
Environmental Policy Act, RCW 43.2~C ("SEPA").
The City of Port
Townsend and Shine Community council shall be provided notice and
opportunity to comment and appeal on such development proposals
. with regard to impacts on known aquifers as a part of the SEPA
development review process during the period between dismissal of
WWGMHB Cause No. 94-2-0012 and adoption of the new CAO including
the date of publication of the notice of adoption.
9.
The
WWGMHB has
scheduled a prehearing conference on
August 24, 1994 at 1:00 p.m.
In the interests of administrative
and judicial economy, it is appropriate to reach settlement of the
appeal at or before that date.
The timeline for decision on
petitions to the GMHB requires prompt action.
ORDINANCE
PAGE 2
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J.rr.rlon County, WA POPE RESOURCES
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 procedur~l process for
settling the appeal and deciding whether additional protection may
be necessary.
11.
Pursuant
to
WAC
197-11-800(20)
and
197-11-880
this
Ordinance is exempt from SEPA review.
12.
Because this Ordinance preserves the status quo pending
adoption of
amendments
and pursuant to RCW 36.70.790 and RCW
36. 70A. 390 the Board finds that this Ordinance may be adopted
without notice and without holding a public hearing.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board
of Commissioners as follows:
ordinance
No.
05-0509-94,
the
Jefferson
County
Interim
Critical Areas ordinance shall be amended to add the following
provision as section 13.60.
This ordinance shall remain in effect until the 31st day of
December,
1994 or until such date as an amended critical Areas
Ordinance repealing this Ordinance becomes effective, whichever
occurs sooner.
Effective Date:
This Ordinance is necessary for the immediate
preservation of the public peace, health, and'safety and shall
'" o:J ~
become effective on .""){,,/- day of August, 1994.
Severability:
If
any portion of
this Ordinance
is held
invalid by any court of competent jurisdiction, such portion shall
be deemed a separate portion of this Ordinance and such holding
ORDINANCE
PAGE 3
111111111111111111111 ~:¡~~?;~~,
J.".r.on County. WA POPE RESOURCES RESO 698,00
shall not attect the validity ot the remaining portionsot this
Ordinance.
Ado9tion: Adopted by the Jefferson County
Commissioners this ;:2.::L ~ay of August, 1994.,
',;, -
...,
Board
of
JEFFERSON COUNTY BOARD OF
CO COMMISSIONERS
Approved as to Form:
~
Mark Huth, Jefferson County
Prosecuting Attorney
Jefferson county Prosecuting
Attorney
, MH3:\QS050994.OI'd
ORDINANCE
PAGE 4
~N
\
1111111111111111111111 ~.~~~.~ ~U,
Jetter'on County, WR POPE RESOURCES RESO S98.00
STATE OF WASHINGTON
County of Jefferson
IN THE MA TIER OF AN
EMERGENCY ORDINANCE
AMENDING THE JEFFERSON COUNTY
INTERIM CRITICAL AREAS ORDINANCE
NO. 11-0822-94, EXTENDING THE
SUNSET PROVISION THERETO
ORDINANCE NO. 19-1227-94
FlNDTNGS
The Jefferson County Board of County Commissioners enter the following findings:
1.
On August 22, 1994 the Board of Commissioners amended
Ordinance No. 05-0509-94, the Jefferson County Interim Critical Areas
Ordinance, establishing a sunset clause for the purpose of reviewing certain
elements of the ordinance.
2.
New Section 13.60 establishes a repealing date of December 31, 1994 unless the
ordinance is otherwise amended.
3.
A consulting firm was hired to review certain sections of Ordinance No, 05-
0509-94 and facilitate a public process to recommend substantive changes as
4.
5,
deemed appropriate.
This process is ongoing and will not be complete by December 31, 1994,
Parties to this action have agreed to extend the sunset date.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners as follows:
Ordinance No. 05-0509-94, the Jefferson County Interim Critical Areas Ordinance, amended
by Ordinance No, 11-0822-94, adding Section 13.60 is hereby amended to read:
This Ordinance shall remain in effect until the 1st day of March 1995, or until such date
as an amended Critical Areas Ordinance repealing the Ordinance becomes effective,
which ever OCcurs sooner.
1
1111111111111111111
1143~97 4
Pa..; 2170' 541
08/04/200011;40A
RESO 598 . 00
J.".rlon County, WA POPE RESOURCES
19-1227-94
Ordinance No. , An Emergency Ordinance
Amending The Jeffernon County Interim Critica.1 Areas
Ordinance No.1 1-0822-94, Extending the Sun3et
Provi3ion Then::to
Effective Date: This Ordinance is necessary for the immediate preservation of the public
peace, health, and safety and shall become effective on æday of December, 1994.
Severability: If any portion of this Ordinance is held invalid by any 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 ;) 7"fi.....day
of December, 1994.
Attest:
JEFFERSON COUNTY BOARD OF
Y COMMISSIONERS
£ tlfi,~ ~
rna L. Daney :J Y if
Clerk of the Board
Approved as to Form:
------=:::3 --.
Mark Huth, Jefferson County
Prosecuting Attorney
2
1111111111111111111111 ~~~~~~~::,
J.".rlon County, WR POPE RESOURCES RESO S9B.00
STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF AN
EÞÆERGENCY ORDINANCE
AMENDING TIlE JEFFERSON
COUNTY INTERIM CRITICAL
AREAS ORDINANCE BY
EXTENDING THE SUNSET
PROVISION OF SECTION 13.60
}
}
}
}
}
}
}
ORDINANCE NO. 4-0228-95
FINDINGS
The Jefferson County Board of County Commissioners enters the following findings:
1.
On August 22, 1994, the Board of Commissioners amended Ordinance No. 05-0509-94,
the Jefferson County Interim Critical Areas Ordinance, by establishing a sunset clause for
the purpose of reviewing certain elements of the ordinance.
The new ordinance section, Section 13.60, established a repealing date of December 31,
1994 unless the ordinance was otherwise amended.
A consulting firm was hired to review certain sections of Ordinance No. 05-0509-94 and
facilitate a public process to recommend substantive changes as deemed appropriate.
Section 13.60 of the Jefferson County Interim Critical Areas Ordinance was amended by
Ordinance No. 19-1227-94, extending the repealing date to March 1st, 1995.
The public review and ordinance language production process required under the Growth
Management Act (RCW 36.70A) is still ongoing and will not be complete by March 1,
1995.
The City of Port Townsend has agreed to consider extending the sunset date of the
Jefferson County Interim Critical Areas Ordinance.
2.
3.
4.
5.
6.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Commissioners as
follows:
Section 13.60 of the Jefferson County Interim Critical Areas Ordinance is hereby amended to
read:
This Ordinance shall remain in effect until the 24th day of April 1995, or until such date
as an amended Critical Areas Ordinance repealing the Ordinance becomes effective,
whichever occurs sooner.
Effective Date: This Ordinance is necessary for the immediate preservation of the public
peace, health, and safety and shall become effective on the28thday of February, 1995.
1
¡ ,~ Hili "'If IIIIIIIfl 1111 Ifill III fllill II ~II ~:~~~~"
"'.rlon County, WA POPE RESOURCES 08/04/200011:40A
RESO 698.00
Severabilitv: 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 28thctay of
February, 1995.
JEFFERSON COUNTY BOARD
OF COUNTY CO?vfMISSIONERS
Lorna L. Delaney
Clerk of the Board
-
Approved as to Form:
Q 'í. /Vl( ~
David Skeen, Jefferson County ï
Prosecuting Attorney
f-
2
"
I ~'III'~II'I~~IIIIIIII'~ IIIII~IIIIII ~II~IIIIIII ~.~~:~ ~1
Je"erlon County, WA POPE RESOURCES ::~g4f~~~~0~1:40A
ST ATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF AN
EMERGENCY ORDINANCE
AMENDING TIffi JEFFERSON COUNTY
INTERIM: CRITICAL AREAS ORDINANCE
BY EXTENDING THE SUNSET
PROVISION OF SECTION 13.60
FINDINGS
.. ,....
5,
ORDINANCE NO. 05-0424-95
The Jefferson County Board of County Commissioners enters the following findings:
1.
On August 22, 1994, the Board of Commissioners amended
Ordinance No, 05-0509~94, the Jefferson County Interim Critical Areas
Ordinance, by establishing a sunset clause for the purpose of reviewing certain
elements of the ordinance,
The new ordinance section 13,60, established a repealing date of December 31,
1994 unless the ordinance is otherwise amended,
A consulting finn was hired to review certain sections of Ordinance No, 05-
0509-94 and facilitate a public process to recommend substantive changes as
deemed appropriate,
Section 13.60 of the Jefferson County Interim Critical Areas Ordinance was
amended by Ordinance No, 19-1227-94, extending the repealing date to March
1, 1995 and by Ordinance No, 4-0228-95, extending the repealing date to April
24, 1995,
The public review and ordinance language production process required under the
Growth Management Act (RCW 36,70A) is still ongoing and will not be
complete by April 24, 1995.
2.
3,
4,
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners as follows:
Section 13,60 of the Jefferson County Interim Critical Areas Ordinance is hereby amended to
read:
This Ordinance shall remain in effect until the 22nd day of May 1995, or until such date
as an amended Critical Areas Ordinance repealing the Ordinance becomes effective,
which ever occurs sooner.
Effective Date: This Ordinance is necessary for the ~ediate preservation of the public
peace, health, and safety and shall become effective on #) day of April, 1995.
1
1111 m 1111111111111111 ~:.~~~:~:j,
RESOURCES AESO S9B,00
Je,'erlon County, WA POPE
Ordinance No,
05-0424-95
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,
Ado9tion: Adopted by the Jefferson County Board of Commissioners this ~4 oJJ- day of
April, 1995, ;
, --'--.
.-~' -
. ~ '1 "
JEFFERSON COUNTY BOARD OF
COUNTY COMMISSIONERS
6
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. ;P .'
~. '"
::. }
.. ..
.. ..
Attest:
~
Paul McIlrath. Jefferson County Deputy
Prosecuting Attorney
2
~ \ .
\ 111\\\ 11\\\ '1111'\ 111\\ 11'1111\\ \'\11\ II' 'lit \11t\ \11\ ~;~~~;~
Jefferlon County, WR POPE RESOURCES
STATE OF WASHINGTON
County of Jefferson
IN TIlE MA TIER OF AN
EMERGENCY ORDINANCE
AMENDING THE JEFFERSON COUNTY
INTERIM: CRITICAL AREAS ORDINANCE
BY EXTENDING TIlE SUNSET
PROVISION OF SECTION 13.60
FINDINGS
5.
ORDINANCE NO.O6-0522-95
The Jefferson County Board of County Commissioners enters the following fmdings:
1.
On August 22, 1994, the Boar~ of Commissioners amended
Ordinance No. 05-0509-94, the Jefferson County Interim Critical Areas
Ordinance, by establishing a sunset clause for the purpose of reviewing certain
elements of the ordinance.
The new ordinance section 13,60,. established a repealing date of December 31,
1994 unless the ordinance is otherwise amended.
A consulting firm was hired to review certain sections of Ordinance No. 05-
0509-94 and facilitate a public process to recommend substantive changes as
deemed appropriate. .
Section 13,60 of the Jefferson County Interim Critical Areas Ordinance was
amended by Ordinance No. 19-1227-94, extending the repealing date to March
1, 1995 and by Ordinance No. 4-0228-95, extending the repealing date to April
24, 1995 and by Ordinance No, 5-0424-95, extending the repealing date to May
22, 1995,
The public review and ordinance language production process required under the
Growth Management Act (RCW 36.70A) is still ongoing and will not be
complete by May 22, 1995,
2.
3.
4.
NOW, TIIEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners as follows:
Section 13,60 of the Jefferson County Interim Critical Areas Ordinance is hereby amended to
read:
This Ordinance shall remain in effect until the 13th day of June 1995, or until such date
as an amended Critical Areas Ordinance repealing the Ordinance becomes effective,
which ever occurs sooner,
Effective Date: This Ordinance is necessary for the ~19.ediate preservation of the public
peace, health, and safety and shall become effective on day of May, 1995.
I
1111111111111111111111 ~~~~~~:¡,
J.".rlon County, WA POPE RESOURCES REBO 598,00
Ordinance No, 06-0522-95
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.
lit!
Adoption: Adopted by the Jefferson County Board of Commissioners this ¿;Jd- day of
May, 1995. -"-
. ,,' ",
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rna L. Del ey /, 0
dferk of the Board
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2
II~ 11111111111111111111111 ~III III 11111111\111\ ~:4~~~:~~~
J.rr.rIOM COUMty, WA POPE RESOURCES RESa 698,00
STATE OF WASHINGTON
County of Jefferson
IN THE MATrER OF AN
EMERGENCY ORDINANCE
AMENDING THE JEFFERSON COUNTY
INTERIM: CRITICAL AREAS ORDINANCE
BY EXTENDING THE SUNSET
PROVISION OF SECTION 13.60
flNDINGS
5,
ORDINANCE NO. 11-06] 9-95
The Jefferson County Board of County Commissioners enters the following fIndings:
1.
On August 22, 1994, the Board of Commissioners amended
Ordinance No, 05-D509-94, the Jefferson County Interim Critical Areas
Ordinance, by establishing a sunset clause for the purpose of reviewing certain
elements of the ordinance.
The new ordinance section 13,60, established a repealing date of December 31,
1994 unless the ordinance is otherwise amended.
A consulting finn was hired to review certain sections of Ordinance No. 05-
0509-94 and facilitate a public process to recommend substantive changes as
deemed appropriate,
Section 13.60 of the Jefferson County Interim Critical Areas Ordinance was
amended by Ordinance No. 19-1227-94, extending the repealing date to March
1, 1995 and by Ordinance No. 4-0228-95, extending the repealing date to April
24, 1995 and by Ordinance No. 5-0424-95, extending the repealing date to May
22, 1995 and by Ordinance No, 6-0522.95, extending the repealing date to June
13, 1995,
The public review and ordinance language production process required under the
Growth Management Act (RCW 36,70A) is still ongoing and will not be
complete by June 13, 1995,
2,
3.
4.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners as follows:
Section 13,60 of the Jefferson County Interim Critical Areas Ordinance is hereby amended to
read:
This Ordinance shall remain in effect until the 26th day of June 1995, or until such date
as an amended Critical Areas Ordinance repealing the Ordinance becomes effective,
which ever occurs sooner.
Effective Date: This Ordinance is necessary for the imm~te preservation of the public
peace, health, and safety and shall become effective on ,q -day of June, 1995.
1
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J,".rlon Count v , WR POPE RESOURCES RESO 698.00
Ordinance No. /1- () Co (1-q 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 Ordinance and such holding
shall not affect the validity of the remaining portions of this Ordinance.
AdoDtion: Adopted by the Jefferson County Board of Commissioners this
June, 1995,
~
I q- day of
JEFFERSON COUNTY BOARD OF
COUNTY COMMISSIONERS
Attest:
~~~ ?/fl Q Dc fçvlLù.t
Lorna L. Delaney
Clerk of the Board
2
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J.".rlon County, WA POPE RESOURCES =:~~4/~~~~ø~1;4ØA
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN AND FOR THE COUNTY OF JEFFERSON
STATE OF WASHINGTON
IN TIffi MATTER OF AN
ORDINANCE M1ENDING
THE JEFFERSON COUNTY
COUNTY INTERIM CRITICAL
AREAS ORDINANCE BY
AMENDING SECTIONS:
3, 7, 11 & 13
}
}
}
} ORDINANCE NO. 14 -0626-95
}
}
}
FINDINGS
The Jefferson County Board ofConunissioners enter the following findings:
1.
The Washington State Legislature adopted the Growth Management Act, Engrossed
Substitute House Bill 2929, now codified as Chapter 36.70A RCW, which, in part,
requires local governments to designate and regulate to protect critical areas.
2.
In accordance with RCW 36,70A050, the (then) Washington State Department of
Community Development established Minimum Guidelines to classify and designate critical .
areas, codified as Chapter 365-190 WAC. - .
3.
On May 9, 1994, the Jefferson County Board of County Commissioners ("BOCC") adopted
ordinance No, 05-0509, The Jefferson County Interim Critical Areas Ordinance ("CAO")
pursuant to the requirements ofRCW 36.70A060.' .
4.
On July 29, 1994, the City of Port Townsend and Shine Community Action Council
("SCAC") filed appeals on provisions of the CAO to the Western Washington Growth
Management Hearings Board ("WWGMHB "). These appeals were subsequently consolidated
by the WWGlVIHB under Case No. 94-2-0012.
5.
In response, the County committed to amend the Interim CAO to allow a public process for
consideration of each issue set forth in the petitions filed by the City of Port Townsend and
SCAC.
6.
In order to accomplish this public process, the BOCC entered into
an agreement on October 24, 1994. with qualified ground water management consultants to
evaluate the issues raised in the appeal, those being. the critical aquifer recharge areas
("CARA") protection section(s) of the Interim CAD, including saltwater intrusion issues. and
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Jefferlon County, W~ POPE RESOURCES ØB/Ø4/2ØØØ 11 :4Ø~
RESO 69B, øø
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.
M. a result of these workshops, the consultants submitted the January 5, 1995, draft revisions
of sections 3, 7, 11 and 13 of the Interim CAO, together with revised CARA maps, to
the County on January 6, 1995.
9.
Following review or'the draft amendments to sections 3, 7, II, & 13 of the CAO, and in order
to address concerns raised at the CARA public workshops, the DOCC directed staff to study
- . the impacts of this draft, to consider new information presented and to streamline the
proposed amendments.
10.
County staff, in cooperation with the appellants, completed and submitted to the BOCC
draft amendments on February 24, 1995. These amendments were then presented for review
to the CARA public work group at workshops held on March 1 st, and 14th,
1995. Copies were also submitted to the consultants for comments.
11.
Staff forwarded the February 24th draft amendments to the Planning Commiss~on
for review and recommendations in March 1995, pursuant to Chapter 36.70.640 RCW. - .
The Planning Commission held a total of three public meetings in March and April 1995 to
review the staff draft, and presented their recommendations to the BOCC on May 8, 1995. .
12.
The BOeC conducted public hearings on the February 24th draft, on April 18th (in
Chimacum) and April 19th (in Quilcene) 1995, in order to receive public testimony on the
proposal, and meet the procedural requirements of Chapter 36.70 RCW.
13.
On May 9, 1995, the BOeC held a public workshop with staff for the purpose of
reviewing public comments received, evaluating the modifications recommended by the
Planning Commission, staH: and the Prosecutors Office and determining the need for any final
reVISIons.
14.
The Prosecutors Office detennined that the revisions to the draft ordinance proposed by the
BOCC were of sufficient substance to warrant additional public review. Acting in response
to this advice, the BOCC scheduled a public hearing for Monday, June 12, 1995.
15.
On May 24, 1995, the County received a letter ITom the City of Port Townsend requesting
that changes be made to subsections 7.301 and 7.502 of the proposed ordinance draft. The
requested amendments to the ordinance addressed the issues of density thresholds for
Vulnerable Area designation, the number of wells required to show chloride levels above
specified thresholds for susceptible or vulnerable area designation, and the application of 0.0-
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I \11\\\ ,~\\ 1111\ \11\\ 1\1\\ 111\ ~II\ 11\ 11111 IIII 1111 ~~~;H~\~:¡'
Je"er.on County, WA POPE RESOURCES RESO 6SB.ee
site septic protection standards for Wellhead and Special Aquifer Recharge Areas currently
mapped as non-susceptible.
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, .
On June 13, 1995, the BOCC held a scheduled meeting for the purpose of considering
adoption of the draft ordinance. Also present at the meeting were representatives of the City
of Port Townsend who argued that their concerns identified in the May 24, 1995, letter be
fully addressed if the County wished to avoid further legal challenge.
18. -' Acting in response to trus request, the Jefferson County Prosecutor's Office offered to
negotiate with the City of Port Townsend and build their concerns into the draft ordinance
- where such an action would enhance the effectiveness of the ordinance.
19.
20.
21.
22.
23.
24.
25.
26.
Following preparatory analysis work, representatives of the City and County met on June 21,
1995 and discussed potential changes to the proposed ordinance that would properly address
the City's concerns.
Substantial agreement was reached at this meeting that on the basis of parcel size data
supplied by the County that subsections 7.301.2.h and 7.301.2.i of the proposed ordinance
need not be modified.
Revised language that addressed City concerns with subsection 7.502 of the proposed
ordinance was also reviewed and modifications suggested.
The provisions of subsections 7.301.3 and 7.301.4 of the proposed ordinance were also
revisited and possible modifications discussed.
On June 22, 1995, representatives of the City of Port Townsend hand delivered to County
staff proposed amendatory language for subsections 7.301.3.d, 7.301.4.d, 7.301.6d,
7.301.7, 7.502.1, and 7.502.2 of the proposed ordinance.
Following review of the proposed language, County staff determined that it reasonably
reflected the conclusions reached on June 21, 1995 and incorporated this language, with
limited modifications, into the draft ordinance.
A revised draft ordinance identified as the 'Final Review Draft: June 23, 1995' was produced
by the County and made publicly available on this date.
The adoption and implementation of the provisions oftrus ordinance to protect critical aquifer
recharge areas is considered highly desirable by the County as they promise to offer sufficient
3
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J.".rlon County, WR POPE RESOURCES RESO S98.00
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 tenn.
27.
The designation and protection mechanisms provided by this ordinance represent the
cuhnination of an exhaustive and lúghly detailed public process that considered both the spirit
and intent of the requirements of the Growth Management Act.
28.
The Board of Commissioners finds that adoption of this ordinance is necessary to bring the
County into confonnance with the requirements and goals of the Growth Management Act,
as identified in RCW 36.70A, RCW 36.70A060, and RCW 36.70A.020.
29. In addition to bringing the County into compliance with the applicable requirem~nts of the
- . Act, adoption of this ordinance shall also have the beneficial effect of insuring the protection
of resources that are vital to the continued health of the population of Jefferson County and
- it's continued ability to accommodate new development.
30.
The Board intends that this ordinance shall apply to all property within the unincorporated
areas of Jefferson County, to the extent permitted by law.
3 1. These regulations allow for development to proceed in a manner consistent with the rights
of individuals to peacefully use and enjoy their property, while simultaneously regulating and
. mitigating development that will have adverse impacts on property and the environment,
thereby benefitting all the residents of the County.
32.
These regulations bear a substantial relationship to the public health, safety and welfare of
the County as a whole.
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SECTION 3: SCOPE
3.40 Exemptions
The following applications for building pemúts issued under the Jefferson County Building Code
Ordinance No. 1-0208-93, are exempt ITom the provisions oftrus ordinance:
Alterations
Woodstoves
Propane Storage Tanks for single family residences or mobile homes
Title Elimination's on existing mobile homes
SECTION 7: CRITICAL AQUIFER RECHARGE AREAS
Subsections:
7.10
7.20 -
7.30
7.40
7.50
Introduction
Purpose
C las sm cati 0 n/D esi gna ti 0 n
Applicability and Waivers
Protection Standards
, ;,--
7.10 Introduction
Aquifer recharge areas in J efÏerson County are characterized by porous geologic formations that
allow percolation of surfàce water into the soils and the underlying zone of saturation. Aquifers are
geologic formations that contain sufficient saturated penneable material to yield significant quantities
of water tò wells and springs. Aquifers serve as the source of drinking water within most of the rural
portions of Jefferson County.
This section provides protection measures for aquifers which are susceptible to contamination due
to physical (hydrologic) factors which enhance the vertical movement of contaminants and are
vulnerable to contamination, reflecting a combination of natural susceptibility and the presence of
contaminant sources or potential for contamination to occur.
7.20 Purpose
The purpose of the Critical Aquifer Recharge Area section is to:
1.
Protect the public health and safety by preventing the degradation of groundwater that is
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now, or which could be used in the future. as a source for drinking water;
2.
Prevent degradation of groundwater quality and quantity that would interfere with or
become injurious to beneficial uses;
3.
Prevent further degradation M:d, if possible, improve groundwater quality where
degradation is observed;
4.
Support effective management of the ground water resources of Jefferson County to
ensure adequate supplies of water for all beneficial uses;
5.
Implement development regulations which are consistent with goals of the Growth
. Management Act (Chapter 36.70A RCW) and the critical areas provisions of that act;
6. "Maintain consistency with the Ground Water Quality Standards of the state of Washington
(Chapter 173-200 WAC) and the state's Antidegradation policy as enunciated in that
chapter;
7.
Facilitate implementation of the public water supply Wellhead Protection Program
developed in accordance with the requirements of the Washington State Board of Health
Drinking Water Regulations (Chapter 246-290 WAC).
7.30 ClassificationlDesignation
7.301 Classification. Aquifer recharge areas are classified according to the degree ofwlnerability
and the nature of contaminant risk. Critical AqWfer Recharge Areas are naturally susceptible and are
vulnerable due to the eKistence or the potential of contaminant sources that can lead to water qualitý
and/or quantity degradation. The following classifications define areas which are susceptible and'
, vulnerable to contamination from overlying land uses, and areas which are susceptible and wlnerable
to seawater intrusion.
L
Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that
promote rapid infiltration of recharge waters to groundwater aquifers. This includes any
portion of Jefferson County with a DRASTIC index of greater than or equal to 180 points
as detennined using the U.S. Envirorunental Protection Agency DRASTIC methodology:
Drastic: A Standardized System for Evaluating Ground Water Pollution Using
Hydrogeologic Settings (EPA 600/23-87-035). For the purposes of this section, unless
otherwise detennined per section 11.50, the following geologic units, as identified from
available State of Washington Department of Natural Resources geologic mapping, define
susceptible aquifer recharge areas for east Jefferson County:
a.
Alluvial fans (Ha),
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Jefferlon County, WR POPE RESOURCES RESO 698,00
b. Artificial fill (Hx),
c. Beach sand & gravel (Hb),
d. Dune sand (Hd),
e. Flood plain alluvium (Ht),
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),
1. Vashon ablation till (Vat),
j. Vashon advance outwash (V ao),
k. Whidbey fonnation (pw), and
1. Pre-Vashon stratified drift (Py).
2. - - Vulnerable Aquifer Recharge Areas are those areas meeting the requirements of Susceptible
- Aquifer Recharge Areas and which are overlain by the following land use zones as identified
in the Jefferson County Zoning Code:
a.
b.
c.
d.
M-2: Heavy Industrial
M-1: Light Industrial
C-2: General Commercial
M-C: Light IndustriaJICommercial
C-l: Neighborhood Commercial
G-l: General Use
i. requiring a Special Use or Conditional Use Permit or
ii. with nonconforming uses that would otherwise require a Special Use or
Conditional Use Permit
Unsewered Planned Unit Developments
U nsewered residential development in zones with gross densities greater than one
unit per 2.5 acres
U nsewered clustered residential development with gross densities greater than one
unit per 2.5 acres for the clustered portion of the development
e.
f.
g.
h.
i.
3.
Susceptible Seawater Intrusion Areas include those areas characterized by the following
criteria:
a.
A rustory of chloride analyses ITom wells demonstrating concentrations greater than
or equal to 50 mgl1;
b.
State certified laboratory tests ITom test wells demonstrating chloride concentrations
greater than or equal to 50 mgll~ and
c.
Located witrun a ground water basin where chloride concentrations are greater than
or equal to 50 mg/l.
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Jeffer,oM County, WR POPE RESOURCES RESO 598.ØØ
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.
Vulnerable Seawater Intrusion Areas include those areas characterized by the following
criteria:
a.
A history of chloride analyses from wells demonstrating concentrations greater than
or equal to 100 mg/l;
b.
Located within a ground water basin where chloride concentrations are greater than
or equal to 100 mgl1; and
- c.
Chloride concentrations between 50 and 100 mg/l, yet show a trend towards
increasing chloride levels; and
d.
A history of chloride analyses from a Group A or a Group B well demonstrating
concentrations greater than or equal to 100 mg/l.
5.
Where there are indications that chloride levels observed in ground water quality analyses
reflect connate water and are not related to or influenced by current coastal saltwater bodies,
such chloride levels shall not be used in determination of seawater intrusion critical aquifer. ..0
recharge area boundaries. The following criteria may be used to differentiate between connate'
and non-connate chloride sources: one sample will be collected for laboratory analysis of
major cations and anions. At a minimum, the analysis will include the following constituents:
chloride, sulfate, total phosphate, nitrate + nitrite, total alkalinity, calcium, iron., magnesium,
potassium, silica, sodium, and bronùde. Evaluating the proportions of these constituents in
ground water relative to sea water will determine whether the intrusion is a result of connote
or non-connote chloride sources.
6.
Special Aquifer Recharge Protection Areas include:
a.
Ground Water Management Areas designated by the Washington Department of
Ecology under authority of Chapter 173-100 WAC and Chapter 90.44 RCW.
b.
Sole Source Aquifers designated by the U.S. Environmental Protection Agency in
accordance with the Safe Drinking Water Act of 1974 (Public Law 93-523).
c.
Special Protection Areas designated by the Washington Department of Ecology
under Chapter 173-200 WAC.
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d.
Wellhead Protection Areas determined in accordance with delineation methodologies
specified by the Washington Department of Health under authority of Chapter 246-
290 WAC.
7.
The Jefferson County Environmental Health Division shall prepare an initial Susceptible
Seawater Intrusion Area delineation based on readily available existing data and develop a
methodology for detennining whether a susceptible area should be designated a Vulnerable
Seawater Intrusion Area within six (6) months of adoption of this ordinance. The
methodology shall include. procedures and regulations to collect chloride concentrations,'
specific conductance readings, well location and elevation for;
a.
All new wells constructed in Jefferson County, and
- b.
Monitoring and statistical evaluation protocol for wells located within Susceptible
Seawater Intrusion Areas.
~
The Division shall evaluate each of the initial Susceptible Areas, in accordance with the
above methodology, for designation as vulnerable areas within 18 months of the adoption of .
this ordinance. When one Group A or Group B well alone has been used to delineate a
Seawater Intrusion Area, the extent of the area delineated will be that area served by the
subject well.
2.
The Division shall also develop a system for receiving and analyzing new data in order to
continually assess the condition of the aquifers and may charge fees consistent with the coSt .
of delivering the program. . .
7.302 Designation. Critical Aquifer Recharge Areas are defined as Vulnerable Aquifer Recharge
Areas, Vulnerable Seawater Intrusion Areas, and Special Aquifer Recharge Protection Areas and
shall be subject to the applicable requirements and standards of this section and ordinance. The most
stringent requirements or standards of all applicable areas shall be enforced.
Jefferson County shall prepare and exhibit a dated CritÍcal Aquifer Recharge Area map which will
demonstrate the approximate distribution of the Vulnerable Aquifer Recharge Areas, Vulnerable
Seawater Intrusion Areas, and Special Aquifer Recharge Protection Areas. The Critical Aquifer
Recharge Area map shall be revised, modified, and updated at least annually to reflect additional
infonnation.
7.40 Applicability and Waivers
7.401 Apolicabilitv. This section shall apply to new development or expansion of existing
development that is subject to requirements for one or more of the triggering permits and approvals
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111111 '~II 11111111111111111111111111111111111 ~:~~ ~41
Je"ereon County, WA POPE RESOURCES 08/04/2000 11;40A
RESO 688,00
listed under section 3 of the Jefferson County Interim Critical Areas Ordinance (no, 05-0509-94 or
any subsequent revision),
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 Protection Areas and shall
require a Critical Aquifer Recharge Report pursuant to section 11.50. in all other areas of
the county. These activities may only be allowed in other areas of the county if the report
determines that the area is not susceptible as defined in section 7,301 and upon obtaining
a waiver pursuant to Section 7.404:
a.
b,
-
c.
d.
e.
f
g.
h.
1.
J.
k.
Chemical manufacturing and reprocessing;
Creosote/asphalt manufacturing or treatment;
Electroplating and metal coating activities;
Hazardous waste treatment, storage, and disposal facilities;
Petroleum product refinement and reprocessing.
Underground storage tanks located within Wellhead Protection Areas.
High intensity recycling facilities as defined in the Jefferson County Zoning Code.
Solid waste landfills;
Waste piles as defined in Chapter 173-304 WAC;
Wood and wood products preserving;
Storage and primary electrical battery processing and reprocessing;
- ';:;:,' " "
,'"
2.
Proposed additions to this list shall be referred to the Critical Areas Administrator, wbo',>',' "
shall refer their recommendations on to the Board of County Commissioners for their ~, .
review and action. Following procedures identified in Chapter 4 of this ordinance. '
3.
All other land uses shall be subject to the protection standards contained in Section 7.50 and
mitigating conditions included with a Critical Aquifer Report or Seawater Intrusion Report,
where applicable.
7.404 WaÌvers. In detemùning whether an exception is appropriate, the Administrator shall require
'that the proposed land or water use will not create significant adverse groundwater quality or quantity
impacts. In making this determination, the Administrator may require that an applicant prepare a
Critical Aquifer Recharge Area Report (per section 11.502) or Seawater Intrusion Report (per
section 11.503), In granting waivers, the Administrator may require conditions of waiver approval,
including mitigation, as necessary to ensure that the subject land or water use action will not pose a
risk of adverse groundwater quality or quantity impacts. The determination of adverse groundwater
quality impacts shall be based on the Antidegradation policy included in Chapter 173-200 WAC.
7.405 Reasonable Use Variance. The applicant shall follow procedures and criteria as defined in
Section 12 for reasonable use variances,
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1111111111111111 1111
11435974
Pag., 238 0' 641
øe/ø4/2øØØ 11:4ØA
RESO 698.00
J.".r.on County, WA POPE RESOURCES
7.406 Conflicts With Other Sections. Where in conflict with other portions of this ordinance, the
provisions of this section, Section 7, and subsection 11. 50 shall take precedence.
7.50 Protection Standards
7.501 General. The following protection standards shall apply to land use activities in Vulnerable
Aquifer Protection Areas and Special Aquifer Protection Areas unless mitigating conditions have been
identified in a Critical Aquifer Recharge Report that has been prepared pursuant section 11.502. For
land use. activities in Vulnerable Seawater Intrusion Areas the protection standards to be developed
pursuant to section 7.51 0 s~l apply urness mitigating conditions have been identified in a Seawater
Intrusion Report that has been prepared pursuant to section 11.503.
7.502 On-Site Sewage Disposal.
1.
All Vulnerable Aquifer Recharge Areas and Special Aquifer Recharge Protection Areas that
are also susceptible (as defined by subsection 7.301.1 of this ordinance), or which contain
Type I soils, shall be designated Areas of Special Concern pursuant to Chapter 246-272-
21501 WAC.
i.
Such designation shall identify minimum land area and best management practices
for nitrogen removal as design parameters necessary for the :protection of public
health and ground water quality. .
ü.
Best Management Practices (B:MP's) shall be adopted according to procedures'-
specified in Section 4, subsection 4.10, Item #2 a and b of this ordinance and by ..
action of the Board of Health.
2.
Special Aquifer Recharge Protection Areas not designated as Areas of Special Concern under -
the provisions of subsection 7.502.1 of this ordinance shall be designated as such by the
County upon review and approval of infonnation submitted to the County. In the case of
Wellhead Protection Areas, such additional infonnation will be that generated by the water
purveyor and provided to the County and the State Department of Health regarding final
designation of Wellhead Protection Areas, as required by Chapter 246-290 WAC. AI1y
additional Areas of Special Concern designated through this process shall receive the
protections identified in subsection 7.502.1 of this ordinance.
7.503 Golf Courses and Other Turf Cultivation. Golf courses shall be developed and operated in a
manner consistent with "Best Management Practices for Golf Course Development and Operation".
King County Environmental Division (now: Department of Development and Environmental
Services), January 1993. Recreational and institutional facilities (e.g. parks and schools) with
extensive areas of cultivated turf, shall be operated in a manner consistent with portions of the
aforementioned best management practices pertaining to fertilizer and pesticide use, storage, and
disposal.
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111111/11111/11111/111 111111 ~~~~~~ ~~A
J.".rlon County, WA POPE RESOURCES RESO 898.00
7 504 Corrunercial A~culture. Commercial agricultural activities, including landscaping operations
must be operated in accordance with best management practices for fertilizer, pesticide, and animal
waste management as developed by the Jefferson County Conservation District.
7.505 Underground Storage Tanks. Where not otherwise prohibited under this ordinance,
underground storage tank design, construction, installation, operation, and monitoring shall be
regulated by the Washington Department of Ecology in accordance with Chapter 90.76 RCW and
Chapter 173-360 WAC. The Jefferson County Fire Marshall shall ensure that heating oil and fann
fuel tanks of less than 1,100 gallons, which are currently exempt from regulation under the
Washington Department of Ecology program, serving new development or expansions or
replacements are installed, operated, and monitored in a manner that protects groundwater.
7.506 . Above Ground Storage Tanks. Above ground tanks shall be fiWricated, constructed, installed,
used and operated in a manner which prevents the relea~e of a hazardous substances or dangerous
wastes to the ground or groundwater. Above ground storage tanks intended to hold or store
hazardous substances or dangerous wastes are provided with an impervious containment area,
equivalent to or greater than 100 percent of the tank volume, enclosing and underlying the tank, or
ensure that other measures are undertaken as prescribed by the Uniform Fire Code which provide an '
equivalent measure of protection.
7.507 Stonnwater Disposal. Stormwater runoff shall be controlled and treated in accordance with .
best management practices and facility design standards as identified and defined in the Stormwater",.
Management Manual for the Puget Sound Basin.
7.508 Mining and Ouarrvinß. Within six months of the effective date of this ordinance, the Jefferson,.
County Development Review Division shall prepare mining and quarrying performance standards
containing groundwater protection best management practices pertaining to operation, closure, and
the operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt concrete,
batch plants.
7.509 Hazardous Materials. Land use activities that generate hazardous waste, which are not
prohibited outright under this ordinance, and which are conditionally exempt from regulation by the
Washington Department of Ecology under WAC 173-303-100, or which use, store, or handle
hazardous substances, shall be required to prepare and subnút a hazardous materials management
plan. The hazardous materials management plan will remain on file with the Jefferson County Public
Works Department and be updated annually by the facility owner. The hazardous materials
management plan must demonstrate that the development will not have an adverse impact on
groundwater quality. Within twelve (12) months of the effective date of this ordinance, the Jefferson
County Public Works Department and Environment Health Division shall develop and implement a
process for conducting and funding monitoring and enforcement related to hazardous substances and
hazardous waste use, storage, handling and disposal.
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111111111111111 111111 ~:4~~~:~::'
J,,'.rlaM CaUMty, WA POPE RESOURCES RESO 8;8.00
SECTION 13: LEGAL PROVISIONS
Subsections:
13.10 Violations
13 .20 Remedies
13.30 Severability
13.40 Effective Date
13.50 Adoption
-
13.20 Remedies
5. ,In addition to the remedies described above, the Adnúnistrator shall have the authority to
issue civil penalties or administrative fines in an amount up to $500 a day for each violation,
to issue stop work orders enforceable by the Building Inspector upon discovery of violations,
and to withdraw other pennits issued by Jefferson County for such projects until violations
are corrected. Each and every such violation shall be considered a separate and distinct
offense, and in the case of a continuing violation, every gays continuance shall be and be
deemed a separate and distinct violation. Every act of commis'sion or omission which
procures, aids, or abets in the violation shall be considered a violation under the provisions
of this subsection and subject to the penalty herein provided for. The penalty amount shall
be set in consideration of the previous history of the violator and the severity of the violator's'
impact on public health or critical areas, in addition to other relevant factors.
13 .30 SeverabilitY
Ifanv section. sugmon. or other Domon oft~inance is for anv reason ~
unconstitutional bv anv court of comoetent tw;W1iction. such section su~on or oortion
~eemed a S~Darate oortion of t~nance and such holdimr shall not affect the
validitY of the remaininliZ Dortions of this ordinance.
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II ~ 111111111111 111111 ~~~~~:~:j,
J.".rlon County, WR POPE RESOURCES RESO 698.00
the potential effect on local wetlands, springs, lakes or streams. An individual with the qualifications
specified in 11.505 shall prepare the Seawater Intrusion Report. Where applicable, the requirements
identified in 7.510 may be waived by the Administrator.
The Jefferson County Environment Health Division shall coordinate with the Waslúngton Department
of Ecology to ensure that the Seawater Intrusion Report requirements and content described above
are not in conflict with the Department of Ecology's water right pemût procedures. Additionally, the
Environmental Health Division shall coordinate with the Waslúngton Department of Health_to
detemùne requirements for preparation of Seawater Intrusion Reports by public water systems. into
the wat-er system planning requirements of Chapter 246-290 WAC, the state Board of Health
Drinking Water Regulations.
11.504 Professional Qualifications. The núnimum qualifications for groundwater scientists and
engiñeers perfomúng groundwater and contaminant transport evaluations and preparing critical
aquifer recharge area and seawater intrusion reports shall be established pursuant to acceptable
industry standards for training and experience and as established by the State of Washington in the
Waslùngton Administrative Code or by statute.
11.505 County Review. Reports shall be submitted to the Administrator. Reports shall be forwarded
to the Jefferson County Environmental Health Division for technical review.- The Environmental
Health Division shall review $e reports within thirty days of receipt to detennine. their adequacy. The,--
Environmental Health Division may request additional infonnation in order to determine the adequacy
of the reports. The Administrator shall determine appropriate conditions as identified in the report -
to nùtigate proposed land uses. The Administrator shall be authorized to collect fees necessary to
recover costs associated with processing and review of critical aquifer recharge area reports and
seawater intrusion reports, implementation of the protection standards contained within subsection
7.50 of this ordinance, and administration of the general provisions of the critical aquifer recharge
area provisions of this ordinance. Such fees will be incorporated into Appendix A of the Jefferson
,County Interim Critical Areas Ordinance.
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111111111111111 111111 ::.~~;:~:¡,
J.".rlon Co~ntv, WA ÞOÞE RESOURCES RESO 698.00
1.
A detailed description of the project including all processes and other activities which have
the potential for contaminating groundwater;
2.
A hydrogeologic evaluation which indudes at a minimum:
a.
b.
c.
d.
A description of the hydrogeologic setting of the aquifer region,
Site location, topography, drainage, and surface water bodies,
Soils and geologic units underlying the site,
Ground water characteristics of the area, including flow direction, gradient, and
existing groundwater quality,
The location and characteristics of wells and springs within 1,000 feet of the site,
An evaluation of existing on-site groundwater recharge, and
A discussion and evaluation of the potential impact of the proposal upon
groundwater recharge~
e.
f
g.
3.
A contaminant transport analysis for the uppennost groundwater supply aquifer assuming
an accidental spill or release of project specific contanùnants or on-site sewage discharge,
or both if applicable~
4.
For proposals witlún Vulnerable Aquifer Recharge Areas and Special Aquifer Protection
Areas, an evaluation and discussion of the potential impact of the proposal on groundwater
quality, both short~ ,and long-tenn, based on an assessment of the cumulative impacts ot '
the proposal in combination with existing and potential future land use activities, including :~'.
analysis of impacts at full build-out based upon current zoning and those lots of record în ..
existence at time of submittal of the triggering application;
5.
A discussion and evaluation that details available on-site spill response and containment
equipment, employee spill response training, and emergency service coordination measures;
. 6.
Proposed best management practices to minimize exposure of penneable surfaces to
potential pollutants and to prevent degradation of groundwater qua1ity~ and
7.
Requirements for a monitoring program with financial guarantees/assurances that the
monitoring program will be implemented.
11.503 Seawater Intrusion Report Content. A Seawater Intrusion Report shall be required
prior to designation and delineation of a Vulnerable Seawater Intrusion Area. The Seawater Intrusion
Report shall be the principal means by which potential impacts of seawater intrusion on a particular
well shall be evaluated within areas wlnerable to seawater intrusion. Analysis of the report will
indicate whether the proposed usage will result in seawater intrusion or further seawater intrusion.
The report shall determine the potential for seawater intrusion into the proposed or existing
production well and into any seaward or other nearby wells. In addition, it will evaluate the effect of
the proposed or existing ground water withdrawal on existing ground and surface waters, induding
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11111111111111111111 ~~~~:~::,
Jefferlon County, WA POPE RESOURCES RESO 699.00
7.510 Seawater Intrusion. Within six months of the adoption of this ordinance the Jefferson County
Environmental Health Division shall develop best management practices for application within
Vulnerable Seawater Intrusion Areas. The reconunendations identified in the "Washington State DOE
- Geology, Water Resources, and Seawater Intrusion Assessment of Marrowstone Island,
Jefferson County, Washington (Water Supply Bulletin No. 59)" shall be used as guidelines for
developing Best Management Practices (BMP's). BMP's shall be adopted per procedures as specified
in Section 4, subsection 4.10, item # 2, a & b of this ordinance.
.,
7.511 Mitigating Conditions. The Administrator may require additional mitigating conditions, as
needed, .to provide protection to Vulnerable Aquifer Recharge Areas to ensure that the subject land
or water use action will not pose a risk of significant adverse groundwater quality impacts. The
determination of significant adverse groundwater quality impacts will be based on the Antidegradation
polic¥ jneluded in Chapter 173-200 WAC.
7.512. Authority for Demal. The Administrator may deny approval if the protection standards
contained herein or added mitigating conditions cannot prevent significant adverse groundwater
quality impacts.
SECTION II-REPORTS
;.,:
11.50 Critical Aquifer Recharge Area Reports
11.501 General. Critical Aquifer Recharge Area reports and Seawater Intrusion reports serve as the
primary means for Jefferson County to verifY the accuracy of its Critical Aquifer Recharge Area map
and to detemùne specific aquifer protection measures to be applied to prevent significant adverse
groundwater quality impacts.
11.502 Critical Aquifer Rechar~e Report Content. An initial evaluation shall be made by a qualified
groundwater scientist/engineer which shall include an analysis of the DRASTIC rating for the site to
determine whether the rating is above or below the threshold DRASTIC index of 180. The
DRASTIC analysis must be conducted for an area of at least 100 acres; if the project sites is less than
100 acres, the area surrOlmding the site up to the 100 acre minimum shall be ineluded in the analysis.
Should the initial evaluation demonstrate to the satisfaction of the Admimstrator that the DRASTIC
index is less than 180 and that no groundwater quality degradation will occur as defined under
Chapter 173.200 WAC. the proposed land use shall not be subject to the requirements of this section.
Should the initial evaluation confirm that the DRASTIC index for the area of the proposal is 180 or
greater andlor that the proposal is likely to result in deterioration of groundwater quality. a complete
critical aquifer recharge area report must be prepared and submitted to the Administrator.
In addition to the DRASTIC index evaluation. critical aquifer recharge area reports shall include:
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III II IIIIIIII 111111 ~~¡~~~:~~
J.,'.rlon County, WR POPE RESOURCES RESO 698,00
13.40 Effective Date
This ordinance shall become effective on the 26th day of June, 1995
13.50 Adoption
Adopted by the Jefferson County Board ofComnÜssioners this 26th day of June, 1995.
BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY. WASHINGTON
-
ATTEST:
-',
OVED AS TO FORM
i.~~~ ð..
avid Skeen, Jefferson Co
Pro securing Attorney
13
~ '--. I ,'.... ..:' ~ -,
-------'
111111111111111 111111 ~~4~:~~'
Jetterlon County, WA POPE RESOURCES RESO 698.00
STATE OF WASHINGTON
County of Jefferson
ADMINISTRATIVE RULES Implementing
the Jefferson County Interim Critical Areas
Ordinance No. 14-0626-95.
,
NOvV, by action of the Critical Areas Administrator following the procedures outlined in
Ordinance No. 14-0626-95 that the following Best Management Practices are adopted for Onsite
Sewage.
I.
The contaminants of concern, bacteria and nitrogen, are not fully treated (removed) from
wastewater in Type 1A and 2A soils (excessively coarse) with conventional gravity fed
onsite sewage systems. To more adequately protect the groundwater in these areas from
contamination by these elements this ordinance has been developed utilizing a combination
of treatment systems and land use density parameters.
II.
Vlhere land use densities are such that adequate aquifer protection is not insured according
to residential densities defined in Section 7.302 of the Critical Aquifer Recharge Areas
Ordinance, Best Management Practices for onsite sewage shall apply to new development,
or expansion (as defined in WAC 246-272-01001) of existing development when an onsite
sewage disposal system is installed. Best Management Practices shall be required for
Vulnerable Aquifer Recharge Areas as defined in Section 7.302 of the Critical Areas
Ordinance, and Susceptible aquifer recharge areas that are also Special Aquifer Recharge
Protection Areas as defined in Section 7.306 ofthe Critical Areas Ordinance.
A. Tables 1 and 2 (attached) shall be used to detennine the type of onsite sewage disposal
system required and the minimum lot size in different soil types where greater than or
equal to three feet of vertical separation exists to a water table or other restrictive soil
horizon. Tables 3 and 4 (attached) shall be used to detennine the type of onsite sewage
disposal system required and the minimum lot size in different soil type where greater
than or equal to two feet and less than three feet of vertical separation exists. Lot size
requirements are taken £rom the Washington State Onsite Sewage Code 246-272 Table
VII. Soil Textural Classifications and minimum standards for Methods of Effluent
Distribution for Soil Types and Depths are taken from WAC 246-272 Tables II and VI
respectively.
B. \\lhen lots sizes do not meet the area requirements specified in Tables 1 through 4, and
lot consolidation is impracticable, an approved composting toilet and greywater
treatment system may be pennitted. Pennits for composting toilets shall include a
condition requiring further treatment of toilet waste at the Port Townsend composting
facility or other approved site. Onsite use or disposal of the toilet-generated compost
shall not be allowed.
III m 111111111 111111 ~~.~~?~~:~
J.".reon Co~ntv, WR POPE RESOURCES RESO 699.00
C. BMPs shall be updated as new technologies are reviewed and approved by Jefferson
County Environmental Health and/or Washington State Department ofHeaIth. 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 RMPs include:
"
1. Intermittent sand filter followed by a shallow pressure distribution system (also
meets Treatment Standard 2)
2. Recirculating gravel filter
3. Composting and Incinerating toilets -- if these are used, gre}'\Vater ITom the facility
shall be treated by the method normally required by the site and soil conditions
required under WAC 246-272. For example: Type IA soils require Treatment
Standard 2 under WAC 246-272. Only composting or incinerating toilets listed as
approved proprietary devices by the Washington Department of Health may be
permitted.
D. Systems that meet Treatment Standard 2 are listed and approved by the Washington
State Department of Health and are available in the Guidelines for the Application of
Treatment Standards I and 2. Only those systems that meet Treatment Standard 2 and
are listed as Nitrogen Reduction Bl\tŒs (in subsection C, above) meet the standard for
Critical Areas Aquifer Recharge requirements in Type IA soils.
E. "\-Vhere a question/disagreement regarding the soil texture exists the following procedure
shall be used:
I. Sample will be taken in the presence of Jefferson County Health Department staff.
2. Chain of custody protocol shall be followed.
3. Lab reports shall be sent to Jefferson County Environmental Health Division and
the applicant, or applicant's representative, for review. '
III.
Appeals: Conditions imposed or decisions made in accordance with this policy may be
appealed in accordance with the provisions outlined in Sections 5.404 of the Jefferson
County Critical Areas Ordinance (No. 05-0509-94), and subsequent amendments.
ed this ~ day of
trator
- -
Table 1
ONSITE SEW AGE SYSTEM REQUIREMENTS FOR SITES USING PUBLIC WATER SOURCES AND HAVING 3 FT VERTICAL
SEPARATION IN VULNERABLE AND SPECIAL AQUIFER RECHARGE PROTECTION AREAS MAPPED AS SUSCEPTIBLE AQUIFER
RECHARGE AREAS! .
Note: "NO] BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Minimum Lot
Size2
>2.5ac
22,000 S(]. ft.
0.5ac
(21,780
sq.ft.)
20,000 sq.ft.
18,000 sq. ft.
15,000 sq.ft.
12,500 sq.ft.
1A
Tre¡¡tment
S ¡lIld¡¡rd 2
Trcatmcnt
Siandard 2 that is
also lislcd as NO]
8MP
Treatment
Standard 2 Ihat is
also listcd as NO]
8MP
IB
2A
Soil Type (as defined in Table II of WAC 246-272)
Convcntional
Gravity
NO]ßMP
Pressu re
Distribution
NO] DMI'
2B
3
4
5
6
NO]ßMP
NO]BMP
Convention¡¡l Conventional Convcntional Conventlonul Convcntion¡¡1
Gravity Gravity Gravity Gravity Gravit
NO]ßMP Shanow Pressure Shallow Pressure Sha How Pressure Shallow Pressure
Distribution Distribution Distribution Distribution
NO]8MP Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution
NO] 8MP Shallow Pressure Shallow Pressure Shallow Pressure
Distribution Distribution Distribution
NO] 8MP -] Shallow Pressure Shallow Pressure
Distribution Distribution
NO]BMP I Shallow Pressure
Distribution
NO]8MP
1 As defined in §7.30, Critical Aquifer Recharge Ordinance, No. 14-0626-94.
2 Per unit volume of sewage (450 gallons per day), WAC 246-272-01001
NO]ßMP
NO]ßMP
NO]8MP
NO]ßMP
...
.
-
-
.
...
.
0
:J
C1
0
C
:J
-
-<
z:
:D
"'11
0
"'11
PI
:;a
PI
cø
0
c
:;a
n
PI
en
ill:: .þ
~G: W
.þ..
u>N N UI
:g= ~ U)
. 19 - I
=-~ --
::"01 .þ
.þ.þ
19-
:D
Tahle 2
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING AN INDIVIDUAL WELL OR NON-PUBLIC WATER
SUPPLY WITH 3 n VERTrCAL SEPARATION IN VULNERABLE AND SPECIAL AQUIFER RECHARGE AREAS MAPPED AS
SUSCEPTIllLE AQUlFER RECHARGE AREAS]
Note: "NO] BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Soil Type (as defined in Table II of WAC 246-272)
Minimum Lot IA IB 2A 28 3 4 5 6
Size4
>2.5ac Tre¡¡tment Conventional Pressure Conventional Conventional Convention¡¡1 Conventional Conventional
SI¡¡ndard 2 Gravity DistrihUlion Gravity Gravity Gravity Gravity Gravity
2ac Trcalmenl NO]ßM P NO]ßMP NO]ßMP Shallow Pressure Shallow Pressure Shallow Pressure Shallow Pressure
Standard 2 that is Distribution Distribution Distribution Distribution
also listed as
NO]BMP
lac Treatment NO] BMP NO]ßMP NO]BMP Shallow Pressure Shallow Pressure
Standard 2 Ihat is Distribution Distribution
also listed as
NO]BMP
22,000 sq.ft.
20,000 sq.ft.
I 8,000 sq. ft.
12,500 sq. ft.
3 As ¡Jelined in §7.30, Crilical Aquifer Recharge Ordinance, No. 14-0626-94.
4 Per unit volume of sewage (450 gallons per day), WAC 246-272-01001
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Table 3
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING PUBLIC WATER SOURCES AND HAVING 2 FEET BUT <)
FEET OF VERTICAL SEPARATION, FOR DEVELOPMENT IN VULNERABLE AND SPECIAL AQUIFER RECHARGE AREAS MAPPED
AS SUSCEPTIBLE AQUIFER RECHARGE AREAS5. .
Note: "NO) BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Soil Type (as defined in Table II of WAC 246-272)
Minimum Lot IA III 2A 2B ) 4 5 6
Sizeb
>2.5ac Treatment Pressure Pressure Pressll re Pressure Pressure Pressure Pressure
Standard 2 Distrihlltion Distribution Distribution Distrihution Distribution Distribution Distribution
22,000 sq. fi. Treatment NO] OMP NO] OMP NO] OMP Shallow Pressure Shallow Pressu re Shallow Pressure Shallow Pressure
Standard 2 that is Distribution Distribution Distribution Dist ribut ion
also listed as
NO]BMP
0.5ac Treatment NO] 8M P NO]8MP NO] 8MP Shallow Pressure Shallow Pressure Shallow Pressure
(21,780 sq. Standard 2 that is Distribution Distribution Distribution
also lìstcd as
ft.) NO]UMP
20,000 sq.ft. NO]ßMP NO3BMP Shallow Pressure Shallow Pressure
Distribution Distribution
18,000 sq ft NO]ßMP NO38MP Shallow Pressure Shallow Pressure
Distribution Distribution
15,000 sq. ft. NO] 8MI' NO38MP Shallow Pressure
Distribution
12,500 sq ft NO) BMP NO)BMP
5 As defined in §7.30, Critical Aquifer Recharge Ordinance, No. 14-0626-94.
6 Per unit volume of sewage (450 gallons per day), WAC 246-272-01001
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Table 4
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING AN INDIVIDUAL 'VELL OR NON-PUBLIC 'VATER
SUPPLY AND HAVING 2 FEET nUl' < ) FEET OF VERTICAL SEPARATION IN VULNERABLE AND SPECIAL AQUIFER
RECHARGE AREAS MAPPED AS SUSCEPTIBLE AQUIFER RECHARGE AREAS7.
Note: "NO) BMP" refers to the nitrogen reduction best management practices listed in Section II, subsection C.
Minimum Lot
Size8
>2.5ac
2ac
lac
22,000 sq.n.
20,000 sq.ft.
18,000 sq.n.
15,000 sq.n.
12,500 sq.n.
Soil Type (as defined in Table II ofW AC 246-272)
IA
1B
2A
2B
)
4
5
6
Trcalmcnl
Siandard 2
Trcallllcni
Stamlanl 2 that is
also listed as
NO3BMP
Treatment
SI..ndard 2 that is
also listed as
NO)BMP
Pressure
Distribulion
NO3BMP
Pressure Pressure Pressure Pressure Pressure Pressure
Dislrihution Distribution Distribution Distribution Distribution Distribution
NO)IJMI' NO)BMP Shallow Pressure Shallow Pressure Shallow Pressure Sha\1ow Pressure
Distribulion Distribution Distribulion Distribution
NO)BMP NO)OMP Shallow Pressure Shallow Pressure
D istri billion Distribution
NO) OMP
7 As dt:fmed in §7.30, Criiical Aquifer Recharge Ordinance, No. 14-0626-94.
8 Pt:r unit volume of sewage (450 gallons per day), WAC 246-272-0 I 00 I
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\ 11\\1 II 1\\1\ 11111 1111111\ 11111\ III 111111\ II 111\ ~~¡~~.~\~:i,
J.,'.rlon County, WA POPE RESOURCES RESO 598.00
APPEND IX "E"
. .
Jefferson County
LAND USE
PROCEDURE.S ORDINANCE
Adopted August 28, 1998
Effective September 28, 1998
...
~
...
Ordinance #04-0828-98
i/
1111111111111 111111 ~~¡~:~:~~,
Je"erlon County, WA POPE RESOURCES RESO 598.00
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 commissioned an independent
assessment of its land use pennit system; and,
WHEREAS, the recommendations of this assessment included the 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 land use decisions; and,
WHEREAS, a Citizen Task Force was appointed by the Board of County
Commissioners to assist in the preparation of these documents; and,
WHEREAS, the Citizen Task Force believes these documents provide a solid
foundation for accomplishing land use refonn in Jefferson County and forms the framework by
which systematic revision to existing ordinances and creation of new ordinances can bè achieved,
and;
WHEREAS, the Citizen Task Force recommended the adoption of these 4 docu-
ments as the basis for a concise, organized land use code; and,
WHEREAS, the Board of County Commissioners has reviewed the recom.
mendation of the Citizens Task Force and the 4 draft documents, and agree that they will be
beneficial to the citizens of Jefferson County; and,
WHEREAS, the Land Use Application Procedures Ordinance complies with State
Regulatory Reform requirements.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners
of Jefferson County, Washington, as follows:
1111111111111111111111111111111 \ 111\ ~~¡~~;~~:~
Jafferlon County, WR POPE RESOURCES RESO 598.00
Orrlini'!ncp No 04-0R?R-QR I ;mrlIJo:;p Applir;:¡tion Prncprlllrpo:;
'.
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 infonned 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 goals as set
forth in the Comprehensive Plan and development regulations. Land use applications may also
be subject to review under state and federal laws.
Section 2: Definitions
The following tenns are defined in Chapter One of the Jefferson County Land Use Code:
"Appellate Examiner" means the individual who decides appeals of Hearing Examiner
decisions. The Appellate Examiner is a "Hearing Examiner" for the purposes of Chapter 36.70
RCW.
"Closed Record ADpeal" means an administrative appeal following an open record hearing on a
land use application. A closed record appeal is on the record and does not consider new
documents or testimony.
"Director" means the Director of the Department of Community Development of Jefferson
County.
"ODen Record Appeal Hearimz" means an open record hearing held by the Hearings Examiner
following an administrative decision by the Director. An open record appeal 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.
"ODen Record Hearint:" 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.
"Pam of Record" means the Applicant and any person who, prior to the closing of the record,
has submitted substantive comments on an application.
"SEP A" means the State Environmental Policy Act in Chapter 43.21 C of the Revised Code of
Washington, as amended, and any provisions of Jefferson County Code adopted pursuant to that
statute.
Page 2 of 19
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Jerrer.on County. WA POPE RESOURCES =~~~4/~~~~ø~1:4ØA
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 Proc.edure
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 permit applications as
well as to those that may be tiled in the future. .
Section 4: Who May Apply
Any property owner, or any person who has written authorization from an owner, may submit a
land use application.
Section 5: Exemptions from Land Use Application
Processing
A. \Vhenever a land use application has been designated as a Type A, B or C decision, the
procedures in this Chapter shall be followed, except that the following applications are
excluded from the procedures set forth in this Chapter due to special circumstances that
warrant different review processes:
1. . Landmark designations;
2. Street or road vacations;
3. Street use pennits;
B. The following applications are exempt from the procedures set forth in this chapter except for
the time limits required for issuance of a Determination of Completeness and a final decision:
1. Boundary line adjustments;
2. Building and other construction permits not subject to review under SEP A; and
3. Temporary Use pennits of forty-five (45) days duration or less.
Section 6: Types of Land Use Applications.
. Land use applications are classified into three categories: I) Type A (Administrative decisions),
2) Type B (Hearing Examiner decisions), and 3) Type C (Board of County Conunissioners
decisions).
A. Type A (Administrative Decision)
The following applications require a decision by the Director:
I. Building pennits that are subject to review under SEP A;
2. Accessory Dwelling Units;
3. Home-based occupations;
4. Temporary Uses of greater than forty-five (45) days duration;
5. Condominium subdivisions of four (4) or fewer units;
6. Mobile home parks of four (4) or fewer lots;
Amended by Ordinance No. 08.1123.98
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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, Shoreline, Subdivision, etc.);
5. Condominium subdivisions of five (5) units or more;
6. Long Subdivisions, including mobile home parks, of five (5) lots or more
(preliminary plat review);
CommerciallIndustrial Park Divisions;
Shoreline Conditional Uses;
Shoreline Substantial Development Permits for secondary uses; and
Recreational Vehicle Parks/Camper Clubs
7.
8.
9.
10.
C. Type C (Board of County Commissioners Decision)
1. Site-specific rezones, including all land use application requests that are consolidated
with a request for a rezone, require a Board of County Commissioners decision.
2. Legislative actions, including area-wide rezone and Comprehensive Plan decisions, are
not affected by this Chapter.
D. Other Applications
. The appropriate decision-making process for any other land use application authorized by
Jefferson County but not listed in this section shall be detennined by the Director in
accordance with this Chapter unless the decision-making authority is expressly identified.
Section 7: Consolidated Al!Plications
A. Optional Consolidated Permit Processing. A land use application that involves 1\vo or
more permits may, at the option of the Applicant, be consolidated into a single process using
the highest procedure required for any permit included in the application. For example, an
application involving Type A, B and C permits shall be processed under Type C procedure.
If the Applicant does not opt to proceed with consolidated permit processing, the permit(s)
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Optional Consolidated Permit Processing. - Continued
requiring the higher procedure(s) must be processed prior to the permit(s) 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 any other hearing
that may be held by another local, state, regional, federal, or other agency on the
application, so long as the requirements of subsection (3) are met.
2 Hearings shall be combined if requested by an Applicant, provided:
a. The requirements of subsection (3) are met; and
b. The joint hearing can beheld within the time periods specified in this section or
the Applicant agrees to an alternate schedule in the event that additional time is
needed in order to combine the hearings.
3. A joint hearing may be held with another local, state, regional, federal, or other agency on
the proposed action, provided: .
a. The other agency is not expressly prohibited by statute from doing so;
b. Sufficient notice of the hearing is given to meet each of the agencies' adopted
notice requirements as set forth in statute, ordinance or rule;
Each agency has received the necessary information about the proposed project
from the Applicant to hold its hearing at the same time as the local government
hearing; and I
The hearing is held vAthin Jefferson County.
(
c.
d.
Section 8: Pre-application Procedure
A. Purpose
The pre-application conference is a discussion between a potential Applicant and County
staff regarding a proposed project. The purpose of the pre-application conference is to assist
the Applicant by identifying the following:
1. Requirements for submittal, including types of permits necessary to complete the
proposal, procedures for processing permits, and whether SEP A review is required;
2. Requirements for compliance with applicable County plans, goals, policies, codes or
guidelines and possible revisions to the proposed project which will improve the proposal
with respect to these requirements; and
3. Required plans, studies, reports, and/or other materials specific to the proposal that will
provide necessary information for staff to review the project.
4. All requirements shall be provided to the applicant in writing.
B. When Required
A pre-application conference may be scheduled by the Director for any type of land use
application, but is required prior to submitting an application for the following:
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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 accordance with fees
established by resolution of the Board of County Commissioners.
Section 9: Project Planner
The Director shall designate a Project Planner for each land use application submitted to the
County. The Project Planner shall serve as the County representative to the Applicant and shall
process the application in accordance with the provisions of Jefferson County Code. The
Applicant may rely upon written information provided by the Project Planner.
Section 10: Applications
A. Required Information
1. A land use application shall be filed on forms prescribed by the Director and shall include
fees as required by resolution of the Board of County Commissioners.
2. The Director shall summarize the submittal requirements for each application as specified
in the applicable provisions of the Jefferson County Code. The Director shall attach this
summary as Appendix A to this ordinance to assist the public. The Director shall update
Appendix A upon adoption of any revised submittal requirements.
3. Additional requirements may be requested in writing by the Director or Project Planner.
The request shall refer to a specific section of the Jefferson CountY Code where that
information is required in order to process the application.
B. Inactivity
An application may be canceled for inactivity if an Applicant fails to specifically respond to
the Project Planner's written request for revisions, corrections, or additional information
within sixty (60) calendar days of the date of the request. The Director shall extend the
response period beyond sixty (60) calendar days if the Applicant provides and adheres to an
approved schedule with specific target dates for submitting the full revisions, corrections, or
Page 6 of 19
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other infonnation needed by the Project Planner. Failure to adhere to the approved schedule
shall result in cancellation of the application.
Section 11: Determination- of Completeness
A. When Complete
A land use application shall be complete when all submittal requirements, as specified in
Section Ten of this Chapter, and all fees as required by resolution of the Board of County
Commissioners have been submitted. The Director may waive specific submittal
requirements that are determined by the Director to be unnecessary for review of the
application provided that the waiver is in writing and specifically states why the infonnation
is not needed.
B. Notice
Within twenty-eight (28) calendar days after receiving a land use application, the Director
shall either mail, fax, or otherwise provide to the Applicant a written detennination, stating
either that the application is complete or that the application is incomplete and what is
necessary to make the application complete. The notice shall inform the Applicant that the
application may be canceled due to inactivity, pursuant to section 10 B of this chapter, if the
Applicant does not respond within 60 days.
C. Additional Information
Within ten (10) working days after an Applicant has submitted additional infonnation
identified by the Director as being necessary for a complete application, the Director shall
notify the Applicant whether the application is complete or what additional infonnation is
necessary. The Director shall inform the Applicant that the application may be canceled due
to inactivity, pursuant to section 10 B of this chapter, if the Applicant does not respond
within 60 days.
D. When Deemed Complete
If the Director does not provide a written detennination as to whether the application is
complete within the twenty-eight (28) calendar days, the application shall be deemed
complete as of the twenty-eighth day.
E. Change in Circumstances
A detennination of completeness shall not preclude the Director from requesting additional
infonnation if a change in circumstances is discovered during the review process and/or new
infonnation is necessary to complete review or if substantial changes in the application are
proposed. The request for additional infonnation shall be in writing and shall identify the
change of circwnstances and need for additional information.
Page 7 of 19
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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
laws, regulations and standards in effect on the date a complete application was submitted.
Section 12: Application Time Frames
A. Final Decision
The County shall issue a final decision on a land use application within one-hundred-twenty
(120) calendar days from the date the application is determined to be complete.
B. Calculation of Time
For purposes of calculating the time period for issuance of a final decision, the time period
shall begin on the first day following the date the application is detennined to be complete.
The following periods shall be excluded :trom the calculations:
1. Any period during which the Applicant has been requested by the Director or Project
Planner to correct plans, perform required studies, or provide additional information;
2. Any period during which an environmental impact statement is being prepared following
a determination of significance pursuant to SEP A;
3. Any period during which an appeal is being reviewed; and
4. Any extension of time mutually agreed upon by the Applicant and the Director or Project
Planner.
C. Exceptions to Time Limits
The time limits established by this section do not apply if a land use application includes one
of the following:
1. An amendment to the Comprehensive Plan or an amendment to a land use development
regulation; .
2. Siting of an essential public facility as provided in RCW 36.70A.200; or
3. An application substantially revised by the Applicant, i~ which case the time period shall
start from the date at which the revised project application is determinedUto.bëcômplete
pursuant to this Chapter. '
D. County Failure to Adhere to Applicable Time Periods
lfthe County is unable to issue its final decision on a land use application within 120 days
:trom the date the application is determined to be complete, the County shall provide written
notice of this fact to the project Applicant prior to the expiration of the 120 day time period.
The notice will include a statement of reasons why the time periods have not been met and a
specific date for issuance of the notice of final decision. The revised date shall not exceed
sixty (60) additional days.
Page 8 of 19
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I RESO 6S18. 0"
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Section 13: Public Notice Requirements
A. When Required
All Type A, B and C land use applications require the following public notifications:
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 request, in writing, to receive
notice of all land use applications and decisions. Mailed notice shall be distributed to those
persons as provided in this Chapter.
C. Notice of Application and Public Comment Period-Notice to Public
1. Time and Method of Notice: Within seven (7) calendar days of issuing a written
determination of complete application, the Director shall issue a notice of application that
includes the public comment period of thirty (30) calendar days commencing on the day
the notice is issued. The notice of application shall be provided to the public and other
government agencies with jurisdiction over some aspect of the application by the
following means:
a. Mailing written notice to adjoining property owners as required by applicable law.
The list of property owners and addresses shall be provided by the Applicant
based on information regarding current ownership of property listed on tax
records and provided by a Land Title Company doing business in Jefferson
County. The list shall be certified by the Department.
Mailing written notice to those individuals who requested in writing to be placed
on a mailing list to receive notice of land use applications and decisions;
Posting notice in the official posting places of the County; and
Publishing notices in the official newspaper of the County.
b.
c.
d.
2. SEP A Review
a. If a land use application is subject to environmental review and requires a SEP A
threshold determination, SEP A public notice and comment period shall be
combined with other land use application notices when possible.
A combined notice shall include a statement that a comment letter may be
submitted that addresses environmental impacts as well as other issues subject to
review under the decision criteria for the land use application.
If the Director expects to issue a Determination of Non-Significance under SEP A,
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.
b.
c.
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11435974
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08f04f2000 11:40A
REsa 698. øø
The final SEP A threshold detennination 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 infonnation:
a. Date of application, date of complete application, and date of notice of
application;
A brief description of the proposed project and its location and street address if
applicable;
Identification of requested land use applications, existing environmental
documents pertaining to the proposal, and a location where the application and
existing documents may be reviewed;
The date, time and place of any pre-decision hearing on the application;
An address where comments may be mailed during the 30-day comment period;
The preliminary detennination, if any, of development regulations that will be -
used for project mitigation;
A-statement of the right for any person to i) comment on the application, ii)
receive notice of hearings, and iii) receive a copy of the decision; and
Any appeal rights.
d.
b.
c.
d.
e.
f.
g.
h.
D. Notice of Open Record Hearing
1. Time and Method of Notice
Notice of an open record hearing shall be provided at least fourteen (14) calendar days
prior to the hearing using the following methods:
a. Posting notice in the official posting places of the County;
b. Publishing notice in the official newspaper of the County;
c. Mailing notice to the Applicant and Appellant and to those individuals who
requested in writing to be placed on a mailing list to receive notice of land use
applications and decisions;
Mailing written notice to adjoining property owners as required by applicable law.
The list of property owners and addresses shall be provided by the Applicant
based on infonnation regarding current ownership of property listed on tax
records and provided by a Land Title Company doing business in Jefferson
County. The list shall be certified by the Department; and
Posting the notice at the subject property. The Applicant shall post a sign
provided by the County containing the infonnation described in subsection (2)(a)
through (g) below, "Hearing Notice Contents," in the manner prescribed by the
Director.
2. Hearing Notice Contents
The Notice of Hearing shall contain the following infonnation:
a. Applicant, agent and project name;
b. Name and telephone number of the Project Planner;
d.
e.
Page 10 of 19
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Je"er8on County, WR POPE RESOURCES RESO 698.00
Ornin;:¡nrF' Nn 04-0R?R.QR I ;mn 11c;p. Applir;:¡tinn Prnn"nIJrt°c;
Hearing date, time and place and the code provision requiring the hearing;
Location of the proposal including vicinity map and street address if useful;
Brief description of the proposal and requested land use application;
Information on the Rules of Procedure for the Hearing, including procedures for
public comment; and
g. Any SEP A determination.
3. Additional Contents for Open Record Appeal Hearings. If the hearing is an open record
appeal hearing, the following information shall be provided in addition to the
requirements under subsection D 2 of this section:
a. The name of the Appellant;
b. A brief description of the decision being appealed; and
c. A statement of who may participate in the appeal.
c.
d.
e.
f.
E. Notice of Decision and Appeal Period
1. Contents A notice of decision shall be issued on a land use application. The notice of
decision may be the decision itself. The notice shall include:
a. A statement indicating that the application is approved, approved with
modifications, denied or remanded;
A brief statement of any conditions included as part of a decision;
A statement of facts upon which the decision is based and the conclusions of law
derived from those facts;
A single consolidated report setting forth the recommendations and decisions
made on the application. The report shall state any mitigation required or
proposed under the development regulations or as required through SEP A. The
report shall include SEP A determination if a determination has not previously
been issued; and,
e. Procedures for appeal.
2. Distribution
The notice of decision shall be distributed on the day of the decision by mail, fa.x or
personal service to the Applicant and to any person who, prior to the decision, requested
notice of decisions or submitted testimony or comments on the application.
b.
c.
d.
Section 14: Administrative (Type A) Decision Procedures
A. Applicability
This section applies to all Type A applications.
B. Environmental Review
For a land use application subject to Chapter 43.21C RCW and Jefferson County's SEPA
Ordinance, a final SEP A threshold determination may be issued simultaneously with the [mal
decision on the land use application.
Page 11 of 19
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C. Decision Procedures
1. In making a decision, the Director shall consider the policies of the Comprehensive Plan
and subarea plans, the applicable criteria of the Jefferson County Code, and other
applicable law.
2. Corrections or Clarification.
a. The D!r'ector may correct clerical errors clearly identifiable from the public record
at any time.
The Director may clarify a statement in the written decision as long as the
clarification does not materially alter the decision.
b.
D. Director Decision
The Director may approve, approve with modifications or deny the application. The Director
shall use the Land Use Decision Fonnat provided in Appendix B to this Chapter.
E. Filing of Decision
The Director shall maintain a notebook of all decisions, which shall be available for public
review. Copies of all decisions shall also be filed with the Clerk of the Board of County
Commissioners.
F. Effect of Decision
The decision of the Director is the final decision of the .County unless an appeal is filed with
the Hearing Examiner in accordance with this chapter.
Section 15: Hearing Examiner (Type B) Decision Procedures
A. Applicability
This section applies to Type B land use applications and all other land use applications
consolidated under Type B procedures using Consolidated Pennit Review.
B. Environmental Review
For a land use application subject to SEPA, the [mal SEPA threshold detennination shall be
issued and any required public comment period shall be completed prior to a hearing.
C. Decision Procedures
1. Open Record Hearina: The Hearing Examiner shall hold an open record hearing prior to
issuing a decision. The Hearing Examiner shall maintain a record of the exhibits
presented and a tape recording of the testimony and arguments presented. The Rules of
Procedure adopted in accordance with this chapter shall be used, as appropriate, in the
conduct of the hearing.
2. Decision Considerations: In making a decision, the Hearing Examiner shall consider the
following:
a. The contents of the application;
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Orciin;:1nrp Nn 04-0R?R-gR I ;mci 11<;1" Arrlir;¡tinn Prnrpcillrpc;
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,
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 additional notice as
long as all parties to the hearing are informed of the continuance.
4. Motion for Reconsideration A motion for reconsideration may be filed in accordance
with Rules of Procedure adopted in accordance with this chapter. Such motion shall be
filed in writing ten (10) working days from the date the Hearing Examiner's decision was
filed. Such motion shall be decided on the record. If a timely and appropriate request for
reconsideration is filed, the appeal period shall begin from the date the decision on the
reconsideration is issued.
5. Corrections or Clarification
a. The Hearing Examiner may correct clerical errors clearly identifiable from the
public record at any time.
The Hearing Examiner may clarify a statement in the written decision as long as
the clarification does not materially alter the decision.
c.
b.
D. Hearing Examiner Decision
1. The Hearing Examiner may approve, approve with conditions, or deny an application.
The Hearing Examiner shall use the Land Use Decision Format provided in Appendix B
to this Chapter.
2. The decision shall be issued within ten (10) working days of the open record hearing,
unless a longer period is agreed upon by the Hearing Examiner and the Applicant.
E. Filing of Decision
Copies of all decisions shall be filed with the Clerk of the Board of County Commissioners.
The Hearing Examiner shall also forward copies of all decisions to the Director. The
Director shall maintain a notebook of all decisions, which shall be available for public
review.
F. Effect of Decision
The decision of the Hearing Examiner is the final decision of the County unless an appeal is
filed in accordance with this chapter.
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J."er'on County, WA POPE RESOURCES 08/04/200011:40A
RESO S98.00
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 applications
consolidated under Type C procedures using Consolidated Pennit Review.
B. Decision Procedures
1. Hearing Examiner Recommendation The Board of County Commissioners may refer a
Type C application to the Hearing Examiner for an open record hearing. The Hearing
Examiner shàll follow the procedures set forth in this Chapter and in the Rules of
Procedure adopted in accordance with this Chapter. The Hearing Examiner's written
recommendation shall be transmitted to the Board of County Commissioners.
2. Board ofCountv Commissioners' Hearing If the Board of County Commissioners does
not refer the application to the Hearing Examiner for recommendation as provided in
subsection (B)(I) above, the Board of County Commissioners shall hold an open record
hearing to consider the land use application prior to issuing a decision. The Board of
County Commissioners shall follow the procedures set forth in this Chapter and in the
Rules of Procedure adopted in accordance with this Chapter.
C. Board of County Commissioners Decision
1. Elements to be Considered. The Board of County Commissioners shall consider the
following in deciding upon an application:
a. The contents of the application;
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;
The recommendations of the Hearing Examiner, if applicable; and,
The policies of the Comprehensive Plan and any applicable subarea plans,
decision criteria listed in each section of the Jefferson County Code under which
the application was made, and any other applicable law. .
2. Decision The Board of County Commissioners may approve, approve with
modifications, or deny the application. If a decision has been referred to the Hearing
Examiner for a recommendation and the Board detennines that the Hearing Examiner's
record has been insufficiently developed, the Board may remand the application to the
Hearing Examiner with specific instructions for further proceedings.
3. Corrections or Clarification
a. The 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.
c.
d.
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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 Commissioners.
The Clerk of the Board shall forward copies of all decisions to the Director. The Director
shall maintain a notebook of all decisions, which shall be available for public review.
E. Effect of Decision
The decision of the Board of County Commissioners shall be the [mal decision of the County
on the application unless, within twenty-one (21) calendar days after issuance of a decision,
an appeal is filed in Superior Court in accordance with Chapter 36.70C RCW.
Section 17: Appeal Procedures -Appeal of a Type A
Decision
A. Applicability
Any person may appeal an Administrative (Type A) decision. The Hearing Examiner shall
decide all appeals of Administrative (Type A) decisions.
B. Form and Content of the Appeal
1. An appeal of an administrative decision shall be filed in writing with the Clerk of the
Board of County Commissioners fourteen (14) calendar days after the date of the
decision.
2. Appeals shall identifY the decision appealed and the date of the decision, and shall
contain a summary of the grounds for the appeal.
3. The appropriate fee as established by County resolution must be paid upon filing of the
notice of appeal. No appeal will be processed without receipt of the appropriate fee before
expiration of the period for filing the appeal.
4. Following receipt of a notice of appeal and payment of the appropriate fee, the Hearing
Examiner shall conduct an open record appeal hearing. .
C. Open Record Appeal Hearing
Participation in an open record appeal hearing shall include the Applicant, the Applicant's
representative, the Appellant, the Appellant's representative, appropriate County staff and
consultants, and any witnesses called by the Applicant or the Appellant. Others may
participate if the Hearing Examiner detennines that the testimony will be relevant to the issue
on appeal and non-repetitive of the testimony of other witnesses. The Hearing Examiner
shall, to the extent appropriate, conduct the hearing in compliance with the Rules of
Procedure adopted in accordance with this Chapter.
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D. Decision on the Appeal
1. Hearing In considering open record appeals, the Hearing Examiner shall:
a. Affum the decision;
b. Reverse the decision;
c. Affinn the decision with modifications; or
d. Remand the decision to the Director for further consideration. The Hearing
Examiner shall include in the order the issues to be reviewed on remand.
2. Standard of Review The Hearing Examiner shall review the application anew without
regard for the Director's decision.
3. Conditions The Hearing Examiner may include conditions as part of a decision granting,
or granting with modifications an appeal to insure conformance with the Jefferson County
Code, the County's Comprehensive Plan and other applicable laws or regulations.
4. Written Decision The Hearing Examiner shall issue a written decision on the appeal no
later than ninety (90) 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 the record is closed
at the hearing. The written decision shall contain the following:
a. The decision of the Hearing Examiner granting or denying the appeal in whole or
in part;
Any conditions included as part of the decision on the appeal; and
Findings of facts upon which the decisions based and the conclusions of law
derived ftom those facts.
5. Distribution The Hearing Examiner shall mail a copy of the written decision to the
Applicant, the Appellant, the Director, and any person requesting the written decision or
who submitted substantive comments on the application prior to the decision.
6. Filing Copies of all decisions shall be filed with the Clerk of the Board of County
Commissioners. The Hearing Examiner shall also forward copies of all decisions to the
Director. 'The Director shall maintain a notebook of all decisions, which shall be
available for public review.
7. ADDeal of the Decision of the Hearing Examiner The decision of the Hearing Examiner
shall be fmal unless, within fourteen (14) calendar days after issuance of a decision, a
party appeals the decision to the Appellate Examiner in accordance with this Chapter.
b.
c.
Section 18: Appeal Procedures - Appeal of a Hearing
Examiner (Type B) Decision
A. Applicability
Any person who participated in the Open Record Hearing may appeal a Hearing Examiner
(Type B) decision. The Appellate Examiner shall decide appeals of Hearing Examiner
decisions.
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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 decision, and
shall contain a summary of the grounds for the appeal.
3. The appropriate fee as established by County resolution shall be paid upon filing of the
notice of appeal. No appeal will be processed without receipt of the appropriate fee before
expiration of the period for filing the appeal.
4. Following receipt of a notice of appeal and payment of the appropriate fee, the Appellate
Examiner shall conduct a closed record appeal. '
5. The issues considered in the closed record appeal shall be limited to those specified in the
written appeal.
C. Closed Record Appeal
Appellant decisions shall be based only on the record compiled by the Hearing Examiner.
The Appellate Examiner shall consider no new documents or testimony. The Appellate
Examiner may request legal briefs or oral argument if appropriate to assist him in making the
decision on appeal.
D. Decision on the Appeal
1. Hearing
In rendering a decision regarding a closed reco!d appeal, the Appellate Examiner shall do
one of the following based on a review of the record:
a. Affirm the decision; or
b. Reverse the decision; or
c. Affirm the decision with modifications; or
d. Remand the decision to the Hearing Examiner for further consideration, including
a statement of the issues to be reviewed on remand.
2. Standard of Review ,
The Appellate Examiner may grant the appeal if, following a review of the record, one of
the following standards has been met: '
a. The land use decision is an eIToneous interpretation of the law;
b. The land use decision is not supported by evidence that is substantial when
viewed in light of the whole record;
The land use decision is a clearly eIToneous application of the law to the facts; or
The land use decision is outside the authority or jurisdiction of the Hearing
Examiner.
3. Conditions The Appellate Examiner may include conditions as part of a decision
granting or granting with modifications an appeal to insure conformance with the
Jefferson County Code, the County's Comprehensive Plan and other applicable laws or
regulations.
c.
d.
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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 appeal;
c. Findings of facts upon which the decision, including any conditions, is based and
the conclusions of law derived from those facts; and
The right of an Applicant or Appellant to appeal the decision of the Appellate'
Examiner.
5. Distribution The Appellate Examiner shall mail a copy of the written decision to the
Applicant, the Appellant, the Hearing Examiner, the Director, and any person requesting
the written decision or who submitted substantive comments on the application prior to
the decision.
6. Filing Copies of all decisions shall be filed with the Clerk of the Board of County
Commissioners. The Hearing Examiner shall also forward copies of all decisions to the
Director. The Director shall maintain a notebook of all decisions, which shall be
available for public review.
7. Ap-peal of the Decision of the A-ppellate Examiner The decision of the Appellate
Examiner shall be final unless within twenty-one (21) calendar days after issuance of a
decision an appeal is filed with Superior Court in accordance with Chapter 36.70C RCW.
d.
Section 19: Review Procedures
Application
Type
Type A
Director Hearing Examiner
Appellate Examiner
Board of County
Commissioners
D
A
(Open Record)
D
(Open Record)
R
A
(Closed Record)*
A
(Closed Record)*
Type B
Type C
D'"
D = Decision
A = Appeal
R = Recommendation upon request of Board of County Commissioners
Note: Legislative Actions (Area-wide re~zones, Comprehensive Plan adoption or amend-
ment) are not affected by this Chapter.
...
These decisions may be appealed to Superior Court or the Shorelines Hearings Board
in accordance with Chapter 36.70C RCW or Chapter 90.58 RCW.
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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 ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance or the application to other
persons or circumstances shall not be affected.
Section 22: Effective Date
This ordinance .shall become effective 30 days after adoption.
Section 23: Adoption
APPROVED AS TO FORM:
Jefferson County Prosecuting Attorney
(Excused Absence)
Daniel Harpole, Member
Page 19 of 19
JEFFERSON COUNTY PLANNING DEPARTMENT
Long-Range Planning and Growth Management
Jefferson County Courthouse P.O. Box 1220 Port Townsend. WA 98368
(360) 385-9123 FAX: (380) 385-9367 1-800-831-2678
August 28, 1998
TO:
Jefferson County Department of Community Development
Al Scalf Å(J
Director of Community Development ~
Application Submittal Requirements
Rules of Procedure for Land Use Hearings
FROM:
SUBJ:
The department staff shall use the following appendices for processing land use permits:
Appendix A: Application Submittal Requirements
Appendix C: Rules of Procedure for Land Use Hearings
Please note Appendix B, Fonnat for Land Use Decisions, is adopted by the BOCC through the
Land Use Application Procedures Ordinance.
cc:
Board of County Commissioners
Prosecuting Attorney
Planning Commission
Ç~E Cï\V C '
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APPENDIX A ......, .1.........] Z?NIN~......- -l-....l....... SUBDIVISION SHORELINES BUILDING
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S = SOMETIMES REQUIRED Q)lo a ;Q)¡-1... CI! :!:: -, n.. .- +:: ,~,I.,~,..~,.
3:.,.+::,.., ",t:",(1 'fo. .. C ;,. E .t.e(" n.. + . .~. a. .. t: . t: ..
R = REQUIRED O!ij v'oio,'õ a. .-: ¡ CI : 1:: "C -E' -g ! E i ° 'õ!ij
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DEUELOPMENT REUIEW DIUISIDN
".........................""..",................."......" ,'........................ "",...... .........,. ......,.... ........... .......... ........... ........... ........... .......... ........... ........... .......,... .......... .....,................ ........... .......... """"'" ...........
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,'",'","'..'."""""""""" ~~-_ ..".. ......., 'W. ..
Pre- Appli cati on Con feren ce S R S R R R S R R R R R S S R R R N R
--..,--.-....,..,...........,."".."...,................... .. ...... 1--""'"
Completed Applìcatìon Form R R R R R R R R R R R R R R R R R
Critical 'Area Checklist R R R R R R R R R R R R R R R R R
.~!).Y.i.rg!:!~.~!:! ~ .~L..t~.~Eð). ..s:.~.~.~!<.~!~.~........................... S R S R R R S R R S R S R S R R R
........... ...........
Preliminary Plans R R R R R R R R R R R R R R R R R
.ð ~j.~~.~!1.~.. .~[~P.~.ŒY...9..'!Y..~~f.;>'.J~.QQ...f~~.~t............ N R N R R R S R R S R R S S R R R
........... ...........
Plat Certificate N R S R R R N R R R R R S N N N S
Landscape Plan N R R R N R R R R N N N N N N N N
Soil Logs & Plot Plan S R N R N R S R R S R R S N N N N
Variances (as part of another application) N S N S N S N S S S S S N S S S S
.~P.P..l.j.9.~Þ.!~.E.~~.........................................................,........ R R R R R R R R R R R R R R R R R
""""'" ...........
Evidence of Adequate Water Supply R R S R N R S R R S R R S N S S S
Proposed Restrictions and Covenants S S S S S S N S S S S S N N S S S
Preliminary Drainage Plan S R S R N R S R R S R R N S S S S
BUILDING 0 !DIS I ON
....................................................................................................... ........m ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... .......... ........... .......... ........... ........... ........... ..........
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3 Sets of BuildinQ and Site Plan (Comm) N R
Road Approach Application S S
911 Application S S
SoH LoQS S S
Proof of Potable Water S S
"""""""""""""""""""""""""""""""""""""............................. ........... ........... .......... ........... ........... ........... ........... ........... ........... ...."..... ........... ........... ....m.... ........... ........... ........... ...........
Stormwater Plan S S
Completed Application R R
Applicable Fees R R
Critical Area Checklist R R
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APPENDIX b
BEFORE THE ADMINISTRA TORJHEARING EXAMINER! BOCC
OF JEFFERSON COUNTY
In Re: (Insert the Name of the Applical1l,
ApplicaûonorAppealHer~
No. (place Case # Here)
)
)
)
)
Type: (DecisiorvOrder/or
Recommendation).
I. Summary of the Proceedings
A summary of the proceedings should, at a minimum, outline the procedural history of
the case (including specific dates of hearings and notices), a list of all the exhibits
received and all persons who testified at the hearing, and any legal briefs filed by the
parties. A "summåry" of testimony should not be given unless relied upon in a Finding
of Fact.
ll. Findings of Fact
The Supreme Court decided in Weyerhaeuser v. Pierce County that:
"Findings of fact by an administrative agency are subject to the same requirement
as are findings of fact drawn by a trial court. The purpose of findings of fact is to
ensure that the decision~maker has dealt fully and properly with all issues in the
case before he or she decides it and so the parties involved and the appellate court
may be fully infonned as to the bases of his or her decision."
Findings of fact should be statements of verifiable fact relevant to the criteria for review
of the application. The findings must be based exclusively on evidence presented in the
hearing that establishes the existence or nonexistence of factual matters. A finding must
be made on each contested issue of fact and must reference a specific exhibit or
testimony that supports the finding.
ffi. Criteria for Review
The criteria for review should set forth the particular portions of federal and state laws,
local plans and ordinances, and judicial decisions that the decision-maker must use to
determine the approval or disapproval of the application at hand. The burden of proof is
upon the applicant to demonstrate compliance with applicable review criteria.
IV. Conclusions
The decision-making process, analysis and conclusions reached by the decision-maker is
revealed in the Conclusions. Each Conclusion must be supported by a reference to the
relevant Findings of Fact and should reveal how those findings relate to the legal criteria
set forth under Criteria for Review. In other words, "when Law A is applied to Fact B,
Conclusion C must be reached."
V. Decision or Recommendation
Rccom..IDCllcb.cioas oftbe Ciczea Tuk Foree 00 YAd U.., Proc:edunJ Rcf-
FORMAT FOR U.SD L.:SE DECISIONS
2. 24 '98
r og<' I
\ 1"111 "III '~I 1"11 \1'11 "II \~,,~~\\\ "I I"! ~~~~~~,
J.".rlon County, WA POPE RES
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. .
Rcc:omm,,"ub.1ÌoDS of .be CirzcD Task Force OD La.a.d UN Proc:cdunl Rdon:a
FOR..\tAT FOR L.":-;D liSE DECISIONS
2::34/98
P~2
IIIII ~ I ~ II ~IIIII ~ IIIIII ~~~~~\~~
J.tt.r,on County, WA POPE RESOURCES RESO 698.00
APPENDIX C
Rules of Procedure for Land
Use Hearings
I"
1111111111111111111111 ~~.~~~:~:j,
J.".rICln CCluntv, WA POPE RESOURCES RESO BSB. 00
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE
EXAlVIINER A~1) BOARD OF COUNTY COìVIìVIISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
TABLE OF CONTENTS
Chapter 1: Open Record Hearings On Permit Applications .........................................................1
Section 1: Definitions.. ..................................... ....... ... ................. .......... ......... ........... ..... 1
Section 2: Jurisdiction ............................,.......................................................................2
Section 3: Ex Parte Communication................................................................... ............2
Section 4: Nature Of Proceedings .............................. ............................ ......... ..... ...........3
Section 5: Rights And Responsibilities Of Parties........................................................... 4
Section 6: Presiding Officials .........................................................................................5
Section 7: Conduct Of Hearings ,. .............. ...... ....... ........................... """","" ................. 6
Section 8: Withdrawal Of Application Or Petition ........................................................ 10
Section 9: Recommendations / Decisions......................................... ............... ....... ....... 10
Section 10: Appeals Of Decisions.................... ...................... ....................................... 11
Section II: Conflicts ....................................................................................................12
,Chapter II: Rules Of Appeal For Open Record Appeals Of Administrative Decisions ...............13
Section 1: Definitions.................................................... ................................... ............ 13
Section 2: Filing ........................................................................................................... 13
Section 3: Dismissal.................... ..................... ............. .......... ....................... .............. 14
Section 4: Prehearing Conference..................... ................................ ........... ................. 14
Section 5: Withdrawal..................................................................................................15
Section 6: Parties Representative Required ................................................................... IS
Section 7: Notice Of Hearing...... ....................... ....................,..........,.. ............... .......... 15
I \D~I 'I '11'1 II \1'1\ ,~ IIUII' 'II 1\\1 ~;~~~ ~~
Jellerlon County, WA PO
Section 8: Panies' Rights And Responsibilities """""""".............................................16
Section 9: Default.........................................................................................................16
Section 10: Hearing Fonnat........ ........ ....... ....--... .... ......... .............. ........ ......... .............. 16
Section II: Examiner Decision.......................................................... ........... """""""" 17
Section 12: Record .......................................................................................................17
Section 13: Reconsideration -......... ............................ - ................ ........... ..... .................. 18
Chapter ill: Rules Of Appeal For Closed Record Appeals Of Administrative Decisions............ 19
Section 1: Definitions ...................................................................................................19
Section 2: Filing.. .......... ........... .................... ................ ................. """""""" """"....... 19
Section 3: Dismissal............ ......... .................... ....... ................ ............ .......... ...............20
Section 4: Prehearing Conference. .................... ............. """""'" ...... .... ......... ....... ........ 20
Section 5: Withdrawal.... -.... ........ .......... ...................... .......... .................... .... ...............21
Section 6: Parties Representative Required................................................................... 21
Section 7: Notice Of Hearing.......... .................... ....... ..... ................... ........ ..... ..............21
Section 8: Parties' Rights And Responsibilities ............................................................. 22
Section 9: Default :................ .......... .... ...... .... ..... ....... ....................................................22
Section 10: Hearing Fonnat... ........ ..... ....... .......... ....... .......... ......... .......... ....... """""'... 22
,/
Section 11: Examiner Decision................................................. ........ ............................ 23
Section 12: Record......... ................ ................ ....... ......... ......... ............. .......... .............. 23
Section 13: Reconsideration.. ........... ................ .............. ......... ...... ............................... 24
Chapter IV: Code Interpretation ~~~:. .............. """""""""""'" ...... ......... ...... ..... ................25
Section 1: Definitions...... ....... ...... """""..... ....................... ............. ............ ................. 25
Section 2: Filing............ ..................................................................... .......................... 25
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Section 3: Dismissal. .......................... ................ .............................. ..... "'....h.............. 26
Section 4: Withdrawal.................................................................................................. 26
Section 5: Parties Representative Required............................................. ........ .............. 26
Section 6: Notice Of Hearing.. ....... .............. ...... ................ ..... ......................... .'" .........26
Section 7: Parties' Rights And Responsibilities............. h""""""'" ....... ........................ 27
Section 8: Default.........................................................................................................27
Section 9: Hearing Fonnat...... ...... ............. ......... ......... .h.. ....... ....... ....... ..... ......h... .......27
Section 10: Examiner Decision................ no" ....................................."... ........ no""""'" 27
Section 11: Record .......................................................................................................28
Section 12: DistributionIFiling of Examiner Decision................................................... 28
i
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RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE
EXAly~"ER Al'ID BOARD OF COUNTY COM}.t1lSSIONERS
OF JEFFERSON COlTNTY, WAS:HIN"GTON
CHAPTER 1: OPEN RECORD HEARINGS ON PE&\1IT APPLICATIONS
Application of these Rules
This Chapter applies to open record hearings on land use applications.
SECTION 1: DEFINITIONS
"Appellant" means a person, organization, association or other similar group who files a
complete and timely appeal of a decision. .
"Applicant" means a person who is the owner of the subject property or the authorized
representative of the owner of the subject property, and who has applied for a land use
permit or approval.
"JCC" means Jefferson County Code.
"BOCC" means the Board of County Commissioners of Jefferson County.
"Closed Record Appeal" means an administrative appeal following an open record
hearing on a land use application. A closed record appeal is on the record and does not
consider new documents or testimony.
"Comprehensive Plan" means the Comprehensive Plan that has been adopted by the
Jefferson County.
"County" means Jefferson County, Washington.
"Examiner", means Hearing Examiner or Appellate Examiner of Jefferson County.
"Ex parte communication" means written or oral communications to the Examiner or
BOCC about a matter pending before the Examiner or BOCC not included in the public
record and made outside of a hearing.
"Hearing" means the proceeding at which testimony and exhibits of evidence are
presented to the Examiner or BOCc.
"Open Record AppealHearing" means an open record hearing held by the Hearings
Examiner following an administrative decision by the Director. An open record appeal
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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 create::¡ 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.
"Party of Interest" means any individual, partnership, corporation, association., or public
or private organization that may be affected by proceedings before the Examiner or
BOCc. The term includes a "party of record" as defined herein.
"Notice of Decision" means a written document that conununicates a decision of the
Administrator, Examiner or BOCC.
"Party of Record" means:
c.
a person who testifies at a hearing;
the Applicant;
persons submitting written testimony about
pending before the Examiner or BOCC; or
Jefferson County.
a matter
a.
b.
d.
"Record" means the oral testimony and written exhibits submitted at the hearing. The
tape recording of the proceeding shall be included as part of the record.
SECTION 2: JURISDICTION
. Jurisdiction of the Administrator, the Examiner and the BOee is limited to those issues where
an ordinance or other appropriate legal action grants the authority to make a decision.,
recommendation, or issue an order.
SECTION 3: EX PARTE COl\1NIUNICATION
3.1
a.
No person., nor his or her agent, employee, or representative, who is interested in a
particular petition or application cuITently pending before the Examiner or BOee
shall communicate ex parte, directly or indirectly, with the Examiner or BOeC
concerning the merits of that or a factually related petition or application. This
rule shall not prohibit ex parte communications concerning procedural matters.
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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 parte communication is made to or by the Examiner or member
of the BOCC, such communication shall be publicly disclosed, and proper
discretion shall be exercised on whether to disqualify himself or herself for that
particular hearing.
SECTION 4: NATURE OF PROCEEDINGS
Expeditious Proceedings
It is the policy" of the BOCC and the Examiner that, to the extent practicable and
consistent with requirements of law, all hearings shall be conducted expeditiously. In the
conduct of such proceedings the BOCC, the Examiner, County staff: and all parties, or
their agents, shall make every effort at each stage of a proceeding to avoid delay.
Frequencv
Hearings will normally be scheduled at 1 :00 p.m. on the third Tuesday of each month.
Each case shall be noted to commence at a particular time. '
F onnat
The fonnat for a hearing will be of an informal nature yet designed in such a way that
the evidence and facts relevant to a particular proceeding will become available easily
ascertainable by a reviewing body. The format will allow development of a record by
parties.
View Trip
'"
When necessary, the Examiner or BOCC may inspect the site prior or subsequent to the
hearing. The view trip is not part of the record. Failure to inspect the site will not render
the recommendation or decision void.
Record ofHearin~
a.
Record. Hearings shall be electronically recorded and such recordings shall be a
part 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.
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b.
Copies of any .wrinen 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 oftime prescribed or allowed by these rules, ordinances of the
Jefferson County and the State of Washington shall begin with the first day following that
on which the act or event initiating such period of time shall have occurred. When the
last day of the period so computed is a Saturday, Sunday or a County, national or State
holiday, the period shall run until the end of the next following business day. fu
accordance with state statutes, a decision is not deemed final until three days following
the date of the postmark ofthe mailing of the decision by the County.
SECTION 5: RIGHTS AND RESPONSIBILITIES OF PARTIES
5.l
Rights of County
The County staff shall have the right to present evidence and testimony, object, make
motions, arguments, recommendations and all other rights essential to a fair hearing.
5.2
Rights of Applicant
Every Applicant shall have the right of notice, cross-examination., presentation of
evidence, objection., motion, argument, and all other rights essential to a fair hearing.
Further, the Applicant shall have right to timely access of the County's staff report.
The Examiner or BOCC may impose reasonable limitations on the number of witnesses
heard, and on the nature and length of their testimony. Cross-examination is pernùtted as
necessary for a full disclosure of the facts, but the Examiner or BOCC shall control the
amount and style of cross-examination.
5.3
Rights of Parties ofInterest
/"
Every party shall have the right to present evidence and testimony at hearings. The right
of parties to cross-examine, object, submit motions and arguments shall be at the
discretion of the Examiner or BOec. The Examiner or BOCC may impose reasonable
limitations on the number of witnesses heard and the nature and length of their testimony.
5.4
Responsibilities of CountY Staff
The County staff shall provide a staff report consistent with Rule 7.6; provide notice of
hearings; present materials at the hearings; and, provide the Examiner or BOCC with
documentation relevant to the case; and be courteous to all who. participate in these
proceedings.
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5.5
Responsibilities of ApDlicant and Appellant
The Applicant shall, prior to the hearing, provide the Examiner or BOeC 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 written statement
of the issues of appeal. Such stat~ment shall be submitted prior to the hearing.
5.6
Responsibilities of Citizens
All persons who attend a hearing shall conduct themselves with civility and deal
couneously with all involved in the proceedings. Failure to do so will result in removal
from the hearing.
6.1
SECTION 6: PRESIDING OFFICIALS
Presiding Officials
a.
b.
Hearings shall be presided over by the Examiner Of the presiding member of the
BOCC, as specified in the JCC.
The Examiner or BOee shall have all of the authority and duties as granted
him/her in state statutes, Jee and other eOWlty ordinances. Included in the duties
of the Examiner or BOee are the following: to conduct fair and impartial
hearings; to take all necessary action to avoid delay in the disposition of
proceedings; and to maintain order. He/she shall have all powers necessary to
that end, including the following:
1.
2.
3.
4.
to administer oaths and affirmations;
to issue subpoenas;
to rule upon offers of proof and receive evidence;
to regulate the course of the hearings and the conduct of the parties and
their agents;
to question any pany at the hearing;
to hold conferences for settlement, simplification of the issues, or any
other proper purpose;
to require briefs on legal issues;
to consider and rule upon ~1l procedural and other motions appropriate to
the proceedings; and,
to make and file recommendations or decisions.
5.
6.
7.
8.
9.
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Presence ortegal Counsel at Hearin2:s or vIeetimzs
a.
Although representation by legal counsel is not required at the hearings, all panies
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 Examiner or BOCC, a
representative of the Jefferson County Prosecuting Attorney's Office may be
present at the hearings or meetings to advise on matters of law and procedure.
c.
All forms of legal authority including briefs, staff reports and other legal
memoranda upon which a party of record will be relying or presenting at the
hearing must be submitted to the Examiner or BOCCls office at least one week in
advance of the scheduled hearing date. The above mentioned documents shall be
available to the public at least one week in advance of the scheduled hearing date.
SECTION 7: CONDUCT OF HEARINGS
Notice Requirements of Hearings and Filings
a.
All notice and time requirements and methods of notification shall be consistent
with the provisions as set forth in the ICe.
b.
Affidavit of Notice: An 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.
Oath or Affirmation
All testimony before the Examiner or BOCC shall be given under oath or affirmation to
tell the truth. Either the Examiner or BOCC or the clerk shall administer the oath or
affirmation.
(
Content of the Record
The record of a hearing conducted by the Examiner or BOCC shall include, but not be
limited to, the following materials:
a.
b.
c.
d.
e.
the application or appeal petition;
the Departmental staff reports;
all 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;
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f
recordings made on electronic equipment; and,
an environmental determination made pursuant to the State Environmental Policy
Act of 1971 (SEPA) (if applicable).
cr
~.
Development of Record at the Hearing
A hearing usually will include, but not be limited to, the following elements: a brief
introductory statement of the Examiner or BOCC process by the Examiner or BOCC; a
report by the Depanmental staff that may include introduction of the Staff Report with
exhibits, reference to visual aids and a summary of the recommendation of the
Depanment; testimony by the Applicant or petitioner; testimony of persons with
questions, comments or concerns about an application; opportunity for cross-examination
and rebuttal; and opportunity for questions by the Examiner or BOCC.
Content and Form of Staff Reports
The staff report on a land use application may include the following, if relevant to the
application:
a.
Names and addresses of the owner(s) and Applicant(s) of the subject property and
his/her property interest in the property that is the subject of the hearing.
b.
A brief summary of the requested action and the citation of the ordinance
controlling the request specifying the relevant criteria upon which a decision must
be based.
c.
A common description of the subject property and a legal description of the
subject property.
d.
A statement as to which code regulations for Jefferson County apply to the
request.
e.
A summary of the Comprehensive Plan designation and zoning designation of the
subject property; the current development of the subject property and the
adjoining properties; topographical information; geological and soils information;
information on the vegetation on the property; and any other relevant scientific,
environmental or engineering infonnation.
f.
The current access to the subject property and the proposed access to the subject
property.
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g. An analysis of the proposed projeL- ~.. -"" no;> ,-,VU;)!;)LCUI,;Y Wl1n me relevant criteria for
review of the application, including a determination of consistency based on the
following:
1.
The type of land use permitted at the site if the criteria for their approval have
been satisfied;
11. The level of development, such as units per acre, density of residential
development in Urban Growth Areas, or other measures of density;
111. Availability and adequacy of infrastructure and public facilities identified in
the Comprehensive Plan, if the plan or development regulations provide for
funding these facilities as required by Chapter 36.70ARCW; and
IV. The character of the development, including any relevant development
standards.
h.
A history of the requested action and a history of the development in the
surrounding properties. In making the analysis, the staff shall refer to applicable
ordinances as often as possible.
1.
A summary of any other requested land use permits in the area.
J.
The compatibility and impact of the proposal on the existing development and the
probable character of the proposaL
k.
A summary of the reports or recommendations of any other agencies consulted.
L
Appropriate maps of the subject property.
m.
The result öfthe determination pursuant to the State Environmental Policy Act.
n.
Staffs recommendations as to the consistency of the application with the relevant
criteria and any necessary conditions that should be applied to any approval of the
application.
o.
Proposed Findings of Fact for consideration by the decision-maker.
The staff report shall be distributed to the Examiner or BOCC, the Applicant and the
public at least seven (7) calendar days in advance of the Hearing.
7.6
Continuances of Hearings
a)
Examiner or BOCC
If, in the opinion of the Hearing Examiner or BOCC, more information is
necessary in order to make a recommendation or decision, or he/she is unable to
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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 reasonable grounds for a
continuance. The request must be reasonable. The Examiner or BOCC shall have
discretion to grant or deny the request for continuance.
Evidence
a.
Burden of proof. In each proceeding for review of an application, the Applicant
shall have the burden of proof to show compliance with applicable laws and
regulations of Washington State and Jefferson County.
b.
Admissibility. The hearing generally will not be conducted according to strict
legal rules relating to evidence and procedure. Any relevant evidence shall be
admitted if it is the type that possesses value commonly accepted by reasonably
prudent persons in the conduct of their affairs. The Examiner or BOeC shall have
discretion on the admissibility of all evidence.
c.
Copies. Documentary evidence may be received in the form of copies if the
original is not readily available. Upon request, parties shall be given an
OppOrtuIÙty to compare the copy with the original. It is advisable to provide an
extra copy of all documents to the Examiner or BOeC as a worlång copy. '
d.
Judicial notice. The Examiner or BOeC m'!-y take judicial notice of generally
accepted facts. The Examiner or BOeC shall not take notice of disputed
adjudicative facts that are at the center of a particular proceeding.
e.
The Examiner or BOeC may request a document to be filed after the close of
public testimony. Only those documents referred to at the hearing may be
submitted and only those specifically requested by the Examiner or BOCC.
f.
Additional evidence may only be submitted upon a Request for Reconsideration
based on new evidence not available at the time of the hearing. If additional
evidence is submitted with a request for reconsideration it will be considered only
upon a showing of significant relevance and good cause for delay in its
submission. All parties of record will be given notice of the consideration of such
evidence and granted an opportunity to review such evidence and file rebuttal
arguments.
cr
o.
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
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SECTION 8: WITHDRAWAL OF APPLICATION OR PETITION
8.1
Withdrawal Prior to Service of Official ~otice
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 request and the
withdrawal shall be automatically pennitted.
8.2
Withdrawal Made Anv Other Time
If a' withdrawal request is made at any time other than that mentioned in 8.1, the
Examiner or BOCC shall use discretion in allowing or disallowing the request.
SECTION 9: RECOMÞlIEÌ'<TIATIONS / DECISIONS
9.1
Written Recommendations
F or applications heard by the Examiner that require BOCe approval, a written report of
findings, conclusions and recommendations shall be forwarded to the BOCC and the
parties of record. The Examiner submittal shall be within the time allowed by law or
agreed to by the Applicant and Jefferson County. The findings, conclusions and
recommendations shall indicate how the recommendation carries out the goals, policies,
plans and requirements of the JCC and other policies and objectives of the County.
9.2
Written Decisions
F or all applications where the Examiner or BOCC has final approval authority, a written
report of fmdings, conclusions and decision shall be made and forwarded to all parties of
record. The Examiner or BOCC decision shall be within the time allowed by law or
agreed to by the Applicant and the Jefferson County. The findings, conclusions and
decision shall indicate how the decision carries out the goals, policies, plans and
requirements ofthe.-JCC and other policies and objectives of the County.
9.3
Content of RecommendationlDecision
A recommendation/decision shall include:
a.
Summary of the Proceedings. This shall include a list of all exhibits received and
all persons who testified. A summary of testimony should not be given unless
relied upon in a Finding.
b.
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
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made on each contestt:d issue of fact. Findings shall reft:rence a specific exhibit
or testimony in support of the finding.
Conclusions. Each conclusions shall be supponed by a reference to a Finding of
Fact. The conclusions shall reference specific provisions of the law and
regulations when relevant to the decision.
c.
d.
The Decision or Recommendation. A decision/recommendation on an application
for permit approval may be to approve, deny or approve with conditions. Every
recommendation/decision shall be based upon a consideration of the whole record
and supported by substantial evidence.
9.4
Procedure for Reconsideration and Reopening Hearing
a.
b.
At any time prior to the filing of the final decision or recommendation., the
Examinet or BOCC may reopen the proceeding for the reception of further
evidence. All parties of record who participate at the hearing shall be given
notice of the consideration of such evidence and granted an opportunity to review
such evidence and file rebuttal arguments.
Reconsideration.
1.
Any party of record may file a written request with the Examiner or
BOCC for reconsideration within ten (10) working days of the date of the
Examiner or BOCC's recommendation or decision. The request shall
explicitly set forth alleged errors of procedure or fact. The request may
also include direction to a specific issue that was inadvertently omitted
from the Examiner or BOCC's recommendation or decision.
2.
The Examiner or BOCC shall act within five (5) working days after the
daté of the filing of the request for reconsideration by either denying the
request or approving the request by modifying or amending the
recommendation/decision based on the established record or setting the
matt-er for an additional hearing.
...
:J.
If an additional hearing is required the notice of the hearing shall be
mailed to all parties of record not less than five (5) working days from the
date of the Order to re-open the hearing. -
SECTION 10: APPEALS OF DECISIONS
When all reconsideration periods have expired and the Examiner has issued a final
decision, the decision may be appealed to the Appellate Examiner or to Superior Court as
specified in the lCe. Appeals must be written and filed within the time required by
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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 set forth in the JCC.
Any conflicts between these rules and the provisions of the JCe will be decided
consistent with the provisions of the JCc.
/
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CHAPTER IT:
RlTLES OF APPEAL FOR OPEN RECORD APPEALS
OF ADMIN1STRATIVE DECISIONS
Application of these Rules
This chapter applies to open record appeals of administrative decisions that approve, deny, or
condition a land use permit application.
SECTION I: DEFINITIONS
See DEFINITIONS, Chapter 1, Section 1, of these Rules.
SECTION 2: FRING
2.1
Compliance with Rules
All appeals must comply with these Rules and with the requirements established in the
applicable Jefferson County ordinance(s) under which the appeal is flIed.
2.2
Timeliness
To be considered timely filed, an appeal must be received by the Clerk of the BOCC no
later than the last day of the appeal period.
2.3
Fee
Any filing fee as required by Jefferson County Code shall accompany an appeal.
2.4
Contents
;"
An appeal must be in writing and contain the following:
a.
A brief statement as to how the Appellant is significantly affected by or interested
in the matter appealed~
b.
A brief statement of the Appellant's issues on appeal, noting Appellant's specific
exceptions and objections to the decision or action being appealed~
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- In the event an organization is the
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Appellant, one person shall be designated as the contact person for all procedural
matters related to the appeaL
SECTION 3: DISMISSAL
An appeal may be dismissed without a hearing if the Examiner determines that it fails to
state a claim for which the Hearing Examiner has jurisdiction to grant relief, or it is
without merit on its face, tTivolous, or brought merely to secure delay.
Any party of record may request dismissal of all or part of an appeal at any time with
notice to all parties. The Examiner may make a ruling on a motion to dismiss based upon
written arguments or may call for oral arguments.
When the issuing Department withdraws decision or action being appealed, the appeal
becomes moot and shall be dismissed.
SECTION 4: PRE-HEARING CONFERENCE
a. The Examiner may, on his/her own order, or at the request of a party of
record having standing, hold a conference prior to the hearing to structure the
scope of the hearing. The Examiner may use the conference for:
1.
Identification, clarification, and simplification ofthe issues;
2.
.Argument of Motions Based on Law;
3.
Other matters deemed by the Examiner appropriate for the orderly
and expeditious disposition of the proceedings. ..
b.
Pre-hearing conferences may be held by telephone conference call.
c.
The , Examiner shall give reasonable notice to parties of any pre-hearing
conference. Notice may be written or oral.
d.
All parties shall be represented at any pre-bearing conference unless they
waive the right to be present or represented.
e.
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.
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SECTION 5: WITIIDRAWAL
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 a matter of right and the appeal
dismissed.
SECTION 6: PARTIES REPRESENTATIVE REQUIRED
When a party consists of more than one individual, or is a group, organization,
corporation, or other entity, the party shall designate an individual to be its representative
and inform the Examiner's office of the name, address and telephone number of that
designated representative. The rights of such an Appellant shall be exercised by the
person designated as the party representative. Notice or other communication to the party
representative is considered to be notice or conununication to party.
SECTION 7: NOTICE OF HEARING
Contents
The notice of hearing given to Applicant and Appellant shall be given in accordance with
JCC.
7.2
Time
Notice of the hearing shall be given within the time required by applicable ordinance(s).
If the time for notice of hearing is not specified by the applicable ordinance(s), or if
applicable ordinances conflict, minimum notice shall be 10 days.
7.3
ResDonsibi1itv
The Department shall be responsible for serving notice of hearing for appeals.
7.4
Record of Notice
A copy of the notice of hearing shall be made part of each official çase record.
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SECTION 8: PARTIES' RIGHTS Al'll RESPONSIBllJTIES
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 pany.
All panies and others panicipating in and observing hearings shall conduct themselves
with civility and deal courteously with all persons involved in the proceedings.
SECTION 9: DEF AUL T
The Examiner may dismiss an appeal by an order of default where the Appellant, without
good cause, fails to appear or is unprepared to proceed at a scheduled and properly
noticed hearing.
SECTION 10: HEARING FO&\1AT
10.1
Appeal hearings, although generally informal in nature, shall have a structured fonnat
and shall be conducted in a manner deemed by the Examiner to make the relevant
evidence most readily and efficiently available to the Examiner and to provide the parties
a fair opportunity for hearing.
The order of an appeal hearing will generally be as follows:
a.
Examiner's introductory statement;
b.
Background presentation by Department;
c.
Appellant's argument;
;'
d.
Depanment's presentation;
e.
Applicant's presentation;
f
Rebuttal;
cr
:t.
Closing argument of parties.
Notwithstanding the provisions of the Jefferson County Code, the order of hearing may
be modified or a different order established as the Examiner deems necessary for a clear
and fair presentation.
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The order of presentation at hearing shall not alter or shift any burden( s) or
presumption(s) established by applicable law(s).
SECTION II: EXAMINER'S DECISION
11.1
A decision of the Examiner on appeal shall include, but not be limited to, a statement
regarding the following: '
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. Findings. 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 provisions of law
and the findings of fact.
d. Decision. The Examiner's decision as to outcome of the appeal (affII1D., modify,
reverse, or remand) based upon a consideration of the whole record and supported by
substantial evidence in the record.
SECTION 12: RECORD
12.1
The record of an appeal shall include:
a. The application or petition;
b. The Departmental staff reports;
c. All evidence received which shall include oral testimony given at the hearing, all exhibits
and other materials/admitted as evidence;
d. A statement of all matters officially noticed;
e. A decision or a recommended decision containing the findings and conclusions of the
Examiner;
f Recordings made on electronic equipment; and,
g. An environmental determination made pursuant to the State Environmental Policy Act of
1971 (SEPA) (if applicable).
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The Examiner's administrative file Ull i:lil appeal case may include other information or
materials, which are not part of the evidentiary record.
SECTION 13: RECONSIDERATION
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 could not, with reasonable
diligence, have been produced at hearing;
C. Clear mistake as to a material fact.
Motions for reconsideration must be filed within ten (10) working days of the date of the
Examiner's decision. Unless otherwise specifically provided by the applicable
ordinance(s), the filing of a motion for reconsideration shall not stop the period provided
to appeal the Examiner's decision.
".
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CHAPTER ill:
RULES OF APPEAL FOR CLOSED RECORD APPEALS
OF ADrvllNISTRATIVE DECISIONS
Application of these Rules
These Rules apply to closed record appeals of administrative decisions that approve, deny, or
condition a land use permit application.
SECTION 1: DEFINITIONS
See DEFINITIONS, Chapter 1, Section 1, of these Rules.
SECTION 2: Fll...ING
2.1
Compliance with Rules
All appeals must comply with these Rules and with the requirements established in the
applicable Jefferson County ordinance(s) under which the appeal is filed.
Timeliness
2.2
To be considered timely filed, an appeal must be received by the Clerk of the BOCC no
later than the last day of the appeal period.
2.3
Fee
/
Any filing fee as required by Jefferson County Code shall accompany an appeal.
2.4
Contents
An appeal must be in writing and contain the following:
a. A brief statement as to how the Appellant is significantly affected by or interested in
the matter appealed;
b. A brief statement of the AppellaGt's issues on appeal, noting Appellant's specific
exceptions ~d objections to the decision or action being appealed;
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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
An appeal may be dismissed without a hearing if the Examiner detennines that it fails to
state a claim for which the Examiner has jurisdiction to grant relief: or it is without merit
on its face, frivolous, or brought merely to secure delay.
Any party of record may request dismissal of all or part of an appeal at any time with
notice to all parties. The Examiner may make a ruling on a motion to dismiss based
upon written arguments or may call for oral arguments.
When the issuing Department withdraws decision or action being appealed, the appeal
becomes moot and shall be dismissed.
SECTION 4: PRE-HEARING CONFERENCE
a.
The Examiner may, on his/her own order, or at the request of a party of record,
hold a conference prior to the hearing to structure the scope of the hearing. The
Examiner may use the conference for:
1.
Identification, clarification, and simplification of the issues;
2.
Argument of Motions Based on Law;
'"
.).
Other matters deemed by the Examiner appropriate for the orderly and
expeditious disposition of the proceedings.
b.
Pre-hearing conferences may be held by telephone conference call.
c.
The Examiner shall give reasonable notice to parties of any pre-hearing
conference. Notice may be written or oral.
d.
All parties shall be represented at any pre-hearing conference unless they waive
the right to be present or represented.
e.
Following the pre-hearing conference, the Examiner may issue an order reciting
the actions taken or ruling on motions made at the conference.
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f.
At the hearing the Examiner shall develop for the record the time, purpose and
result of the conference.
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 a matter of right and the appeal
dismissed.
SECTION 6: PARTIES REPRESENTATIVE REOUIRED
When a party consists of more than one individual, or is a group, organization,
corporation, or other entity, the party shall designate an individual to be its representative
and inform the Examiner's office of the name, address and telephone number of that
designated representative. The rights of such an Appellant shall be exercised by the
person designated as the party representative. Notice or other communication to the party
representative is considered to be notice or communication to party.
SECTION 7: NOTICE OF HEARING
7.1
Contents
The notice of hearing given to Applicant and Appellant shall be given in accordance with
lCC.
7.2
Time
Notice of the hearing shall be given within the time required by applicable ordinance(s).
If the time for notice of hearing is not specified by the applicable ordinance(s), or
applicable ordinances conflict, minimum notice shall be ten (10) days.
7.3
Resoonsibilitv
The Department shall be responsible for serving notice of hearing for appeals.
7.4
Record of Notice
An 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.
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SECTION 8: P.ARTŒS' RlGHTS Pu'ID RESPONSmnJTIES
Parties 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 shall conduct themselves
with civility and deal couneously with all persons involved in the proceedings.
SECTION 9: DEF AUL T
The Examiner may dismiss an appeal by an order of default where the Appellant,' without
good cause, fails to appear or is unprepared to proceed at a scheduled and properly
noticed hearing. '
SECTION 10: HEARING FORJ\1AT
Appeal hearings, although generally informal in nature, shall have a structured fonnat
and shall be conducted in a manner deemed by the Examiner to make the relevant
evidence most readily and efficiently available to the Examiner and to' provide the
parties a fair opportunity for hearing.
The order of hearing will generally be as follows:
a.
Examiner's introductory statement~
b.
Background presentation by Department;
Appellant's argument;
c.
d.
Department's presentation;
e.
Applicant' s presentation~
f
Rebuttal;
g.
Closing argument of parties.
10.3
Notwithstanding the provisions of the Jefferson County Code, the order of hearing may
be modified or a different order established as the Examiner deems necessary for a clear
and fair presentation.
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The order of presentation at hearing shall not alter or shift any burden(s) or
presumption(s) established by applicable law(s).
SECTION II: EXA.l"IINER'S DECISION
A decision of the Examiner on appeal shall include, but not be limited to, a statement
regarding the following:
Backl;!Tound. The nature and background of the proceeding, including identification of
party representatives participating in the hearing, pre-hearing determinations, and other
similar information.
Findings. The individual facts that the Examiner finds relevant, credible, and requisite to
the decision, baied on the record of proceedings.
Conclusions. Legal and factual conclusions based upon specific provisions of law and
the findings of fact.
Decision. The Examiner's decision as to outcome of the appeal (afflI1Il, modify, reverse,
or remand) based upon a consideration of the whole record and supported by substantial
evidence in the record.
SECTION 12: RECORD
12.1
The record of an appeal shall include:
a.
Department's decision or action being appealed;
b.
Appeal statement;
c.
Record of proceedings of decision-maker;
d.
Tape recording of appeal hearing;
e.
Written arguments submitted by parties.
12.2
The Examiner's administrative file on an appeal case may include other information or
materials which are not part of the evidentiary record.
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SECTION 13: RECONSIDERATION
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 could not, with reasonable
diligence, have been produced at hearing;
c.
Clear mistake as to a material fact.
Motions for reconsideration must be filed within ten (10) working days of the date of the
Examiner's decision. Unless otherwise specifically provided by the applicable
ordinance( s), the filing of a motion for reconsideration shall not stop the. period provided
to appeal the Examiner's decision.
i
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CHAPTER IV: RULES OF PROCEDURE FOR APPEALS OF CODE
INTERPRETATION DECISIONS OF TIIE DIRECTOR
Application of these Rules
This chapter applies to appeals of code interpretation decisions issued by the Director of the
Jefferson County Department of Community Development (Director) pursuànt to [Code
Interpretation Chapter, ICC].
SECTION 1: DEFINITIONS
S~e DEFINlTIONS, Chapter 1, Section 1, of these Rules.
SECTION 2: Fn...ING
2.1
Compliance with Rules
All appeals must comply with these Rules and with the requirements established in ICC.
2.2
Timeliness
T a be considered timely filed, an appeal must be received by the Director no later than
the 21 st day after the issuance of the Director's written interpretation.
2.3
Fee
Any filing fee required by Jefferson County Code shall accompany an appeal.
2.4
Contents
An appeal must be in writing and contain the following:
a) A brief statement of the Appellant's issues on appeal, noting Appellant's specific
exceptions and objections to the decision or action being appealed~
b) Facts demonstrating how the Appellant is adversely affected by the decision
c) An explanation or documentation in support of an interpretation proposed by the
Appellant~
d) The relief requested, such as reversal or modification~
e) 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
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Appellant, one person shall be designated as the contact person for all procedural
matters related to the appeal.
SECTION 3: DISlVITSSAL
3.1
An appeal may be dismissed without a hearing if the Hearing Examiner determines that it
fails to state a claim for which the Hearing Examiner has jurisdiction to grant relief, or it
is without merit on its face, frivolous, or brought merely to secure delay.
3.2
Any pany may request dismissal of all or part of an appeal at any time with notice to all
parties. The Examiner may make a ruling on a motion to dismiss based upon written
arguments or may call for oral arguments.
SECTION 4: \¥ITHDRA W AL
4.1
An appeal may be withdrawn only by the Appellant.
4.2
Where an appeal is made by several persons, a group, organization, corporation, or other
entity, 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 a matter of right and the appeal
dismissed.
SECTION 5: PARTIES REPRESENTATIVE REQUIRED
When a party consists of more than one individual, or is a group, organization,
corporation, or other entity, the party shall designate an individual to be its representative
and inform the Examiner office of the name, address and telephone number of that
designated representative. The rights of such an Appellant shall be exercised by the
person designated as the party representative. Notice or other communication to the party
representative is considered to be notice or communication to party.
SECTION 6: NOTICE OF HEARlNG
Contents
The notice of hearing shall be provided in accordance with Code Interpretation Chapter
of the lee.
ResDonsibility
The Department shall be responsible for serving notice of hearing for appeals.
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SECTION 7: PARTIES' RlGHTS Al~TI 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 exercise the rights
of the party.
7.3
All parties and others participating in and observing hearings shall conduct themselves
with civility and deal courteously with all persons involved in the proceedings.
SECTION 8: DEFAULT
8.1
The Examiner may dismiss an appeal by an order of default where the Appellant, without
good cause, fails to appear or is unprepared to proceed at a scheduled and properly
noticed hearing.
SECTION 9: HEARmG FORMAT
The order of an appeal hearing will generally be as follows:
a.
Examiner's introductory statement;
b.
Appellant's presentation and argument;
c.
Director's presentation and argument;
d.
Applicant's presentation and argument (if applicable);
e.
Rebuttal in order of presentation.
The order of presentation at hearing shall not alter or shift any burden(s) or
presumption(s) established by applicable law(s).
At the discretion of the Examiner, the appeal hearing may be held via a telephone
conference call if all parties of record consent and provisions can be made for electronic
recording of the call.
SECTION 10: EXAMINER DECISION
10.1 A decision of the Examiner on appeal shall include, but not be limited to, a statement
regarding the following:
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a) Back£!found. The nature and background of the proceeding, including identification
of party representatives participating in the hearing, pre-hearing detenninations, and
other similar information.
b) Findings. 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 provisions of law
and the findings of fact.
d) Decision. The Examiner's decision as to outcome of the appeal (affinn, modify,
reverse, or remand) based upon a consideration of the whole record and supported by
substantial evidence in the record.
SECTION II: RECORD
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 which shall include oral testimony given at the hearing, all exhibits
and other materials admitted as evidence;
e) A statement of all matters officially noticed;
f) The decision containing the findings and conclusions of the Examiner;
g) Recordings made on electronic equipment.
11.2 The Examiner's administrative file on an appeal case may include other information or
materials, which are not part of the evidentiary record.
SECTION 12: DISTRlBUTION/FILING OF EXAl\1INER DECISION
12.1 The final decision of the Examiner shall be distributed by mail, fax or personal service to
all parties of record. One copy of the decision shall be filed with the Board of County
Commissioners and the Director, who shall make decisions available for public inspection.
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Jefferson COlUlty
PROCEDURES & CRITERIA
TO CLARIFY LAND USE
REGULATIONS ORDINANCE
Adopted August 28,1998
Effective September 28, 1998
Ordinance #05-0828-98
~ 11111111111111111111 ~~~~~ ~:j,
J.".rlon County, WR ~O~E RESOURCES RESO 5S1B.00
STATE OF WASHINGTON
County of Jefferson
In the Matter of Establishing
Procedures and Criteria to Clarify
Land Use Regulations
}
1
J
}
ORDINANCE NO. 05-0828-98
WHEREAS, the Jefferson County Commissioners commissioned an independent
assessment of its land use permit system; and,
WHEREAS, the recommendations of this assessment included the 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 fonnat for all Jefferson County land use decisions; and,
WHEREAS, a Citizen Task Force was appointed by the Board of County
Commissioners to assist in the preparation of these documents; and,
WHEREAS, the Citizen Task Force believes these documents provide a solid
foundation for accomplishing land use refonn in Jefferson County and forms the framework by
which systematic revision to existing ordinances and creation of new ordinances can be achieved,
and;
WHEREAS, the Citizen Task Force recommended the adoption of these four
documents as the basis for a concise, organized land use code; and,
WHEREAS, the Board of County Commissioners has reviewed the recom4
mendation of the Citizens Task Force and the 4 draft documents, and agree that they will be
beneficial to the citizens of Jefferson County; and,
WHEREAS, a Code Interpretation process will provide greater predictability and
consistency in decision making.
NOW, THEREFORE. BE IT ORDAINED, by the Board of County Commissioners
of Jefferson County, Washington, as follows:
Page 1 of 5
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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 specific
provisions of the land use regulations, or an interpretation of the intent of the regulation.
Section 2: Applicability
An Applicant may request, in Miting, an interpretation of any provision of Jefferson County's
land use regulations that relate to an application under review or to a proposal that has been the
subject of a pre-application conference. The Director may issue a formal code interpretation
pursuant to the Chapter as necessary to address conflicting or ambiguous wording, clarify the
scope and applicability of specific provisions of the land use regulations, or interpret the intent of
a regulation. Enactment of this ordinance shall not be construed as an abrogation of the public
duty doctrine to expand the liability of the County for actions taken under this Chapter.
Section 3: Timing
If a request for code interpretation is made by a person other than a project proponent or property
owner, the request must be filed with the Director prior to the date of expiration of any applicable
administrative appeal period for the land use decision on the application to which the request
relates.
Section 4: Application for Code Interpretation -
Submittal Requirements
An Applicant requesting a code interpretation shall submit a Mitten request to the Director
. specifying:
A.
The application under review, or the proposal that has been the subject of a pre-
application conference, to which the request relates;
Each provision of Jefferson County's land use regulations for which an interpretation is
requested;
The reason why an interpretation of each provision is necessary;
Any explanation or documentation in support of an interpretation proposed by the
requesting party.
B.
C.
D.
A vvritten request for a code interpretation shall be accompanied by payment of a filing fee, the
amount of which shall be established by Resolution by the Board of County Commissioners.
Page 2 of 5
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J.rr.rIOM COUMty, WA POPE RESOURCES RESO 59B,ØØ
Ordinance No, Procedures and Criteria to Clarify Land Use Regulations
lJY-O828-98
Section 5: Procedure for Processing an Application
for Code Interpretation
The Director shall process a request for code interpretation using the following procedure:
A.
Decision by Director
Within ten (10) working days of a request for code interpretation, the Director shall issue
a written interpretation of the provisions of the land use regulations specified by the
requesting party, The written interpretation shall follow the criteria prescribed in this
chapter.
B.
Notice
Notice of the written interpretation shall be provided within seven (7) days of the day of
its issuance by
1. Mailing to the person requesting code interpretation, project applicant, property
owner, and to interested persons who have made a request in writing for any code
interpretation decisions issued by the Director; and
Publication in a newspaper of general circulation within Jefferson County within
ten (10) working days of the date of its issuance.
2.
c.
Notice Contents
The notice shall include
I. The date of the written interpretation;
2. Name ofperson(s) requesting code interpretation;
3. Each provision of Jefferson County's land use regulations for which an
interpretation is requested;
A brief description of the Director's written interpretation; and
A statement that any person who wishes to appeal the interpretation must do so
within ten (10) working days of the date of the interpretation.
4.
5.
Section 6: Appeal of a Code Interpretation Decision
An appeal of the Director's written interpretation decision shall follow the following procedure:
A.
Filing an Appeal
Any person may file a written appeal with the Director within (10) working days of the
date of the interpretation. If the appeal is requested by someone other than the person( s)
initially requesting code interpretation, the written appeal shall be accompanied by
payment of a filing fee, the amount of which shall be established by Resolution by the
Board of County Commissioners.
Page 3 of 5
F.
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J.rr.rlon County, WR POPE RESOURCES RESO S98.00
Ordinance No. Procedures and Criteria to Clarify land Use Regulations
OS-=uE28-98
Contents of Written Appeal
The written appeal must set forth:
1. Facts demonstrating how the Appellant is adversely affected by the decision; and
2. An explanation or documentation in support of an interpretation proposed by the
requesting party that is contrary to the Director's interpretation.
B.
c.
Appellate Body
Appeals shall be heard by the Hearing Examiner.
D.
Notice
The Director shall provide notice of the appeal no less than ten (10) working days prior to
the appeal hearing. Notice shall be provided by mail to the appellant, person(s) initially
requesting code interpretation, Applicant, and property owner.
En
Criteria/Standard of Review
Parties to the appeal shall be limited to those entitled to receive notice of the appeal under
subsection (D) above. Hearings shall be conducted in conformance with the Rules of
Procedure for Proceedings before the Hearing Examiner. A Code Interpretation appeal
hearing may be consolidated with other hearings on the land use application. The
decision of the Hearing Examiner shall be made using the decision criteria prescribed in
this ordinance. The interpretation of the Director shall be given substantial weight. The
Hearing Examiner may affirm, reverse, or modify the Director's decision either in whole
or in part.
Effect of Hearing Examiner Decision on Appeal
The decision of the Hearing Examiner shall be final with no further appeals authorized
under the Jefferson County Code.
Section 7: Decision Criteria
In making an interpretation of the provisions of Jefferson County's land use regulations, the
Director shall consider the following:
A.
B.
C.
D.
The applicable provisions of the subject land use regulation(s) including their purpose
and context;
The applicable provisions of the Comprehensive Plan;
The consistency of the interpretation wÜh other local state, and federal land use
regulations, if any; and
The implications of the interpretation for land development wi thin the County.
Page 4 of 5
Ordinance No. - Procedures and Criteria to Clarify land Use Regulations
05-0828-98
Section 8: Effect of Code Interpretation
An interpretation ora provision ofJefferson County's land use regulations shall have the same
etIect 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 Interpretations
All code interpretation decisions shall be filed with the Board of County Commissioners, the
Prosecuting Attorney, and the Jefferson County Planning Commission. The Director shall
maintain a notebook of all code interpretation decisions which shall be available for public
reVIew.
Section 10: Severability
If any section, subsection, sentence, clause, phrase, or figure of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance or the application to
other persons or circumstances shall not be affected.
Section 11: Effective Date
This ordinance shall become effective 30 days after adoption.
,~" ,,' I.. U 1,/
" ".
". -- . .
-' ~'. ,"!':tr-..". '~
:' .~~r-òved'~a. P.t~9 by the Board of Commissioners this ~ day of Augus~ 1998.
'. , \v . "
, : S~~l::'! '!) ;: JEFFERSON COUNTY
-.' ~!ì-,',...;;,/{' Q; , BOARD OF COMMISSIONERS
. . " " .. 'r,. ~ ,
ATTn;;c<#r.';; j. """ ' I
~~""""""lhQJ v,/ j'/" ,,7 :-',::'
'", -)-",,:',.- ....'ì'/ /'i-",,--/ /'
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,,' O~CMC ~ 'm ro,-
Clerk of the Board
Section 12: Adoption
//' APPROVED AS TO FORM:
/ X"uL-- ( ~- ~~"
Jefferson County Prosecuting Attorney
a:J'~
Daniel Harpole, Meur '
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J.ff.rla" Cau"ty, WR POPE RESOURCES RESO 698.00
ORDINANCE NO. 04-0526-92
JEFFERSON COUNTY
SUBDIVISION ORDINANCE
REPEALING AND REPLACING ORDINANCE
NO. 1-75
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Larry Dennison, Chairman
B.G. Brown, Commissioner
Richard Wojt, Commissioner
JEFFERSON COUNTY PLANNING COMMISSION
Fred Grove, Chairman
Thomas Berg, Member
Robert Greenway, Member
Penny Herrick, Member
John IIlman, Member
Gene Seton, Member
Richard Shipman, Member
Samuel Swanson, Member
Janet Welch, Member
JEFFERSON COUNTY PLANNING DEPARTMENT
Craig Ward, Director
James Holland, Senior Planner
Jerry Smith, Associate Planner
Jim Pearson, Associate Planner
Keturah Brown, Assistant Planner
Eric Toews, Assistant Planner
David Young, Assistant Planner
Michelle Grewell, Planning Technician
JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
Gary A. Rowe, Director
Carter Breskin, Planning and Programs Manager
Robert Nesbitt, County Engineer
Bruce Laurie, Civil Construction Coordinator
Scott Kilmer, Planning Engineer
1111 m 111111111111111 ~~.~~~~~
Jefferlon County, WR POPE RESOURCES REBa 698.00
TABLE OF CONTENTS
SECTION 1 PURPOSES
1.10 Findings
1 .20 Purposes
1.30 Enactment
1.40 Title
1 .50 Short Title
PAGE
1
SECTION 2 DEFINITIONS
1
1
2
2
2
3
SECTION 3 SCOPE
3
3
3
3
3
10
2.10 General
2.20 Tense and Number
2.30 Interpretation
2.40 Ordinance Administration
2.50 Definitions
SECTION 4 ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY
4.10 Health Department
4.20 Department of Public Works
4.30 Planning Department
4.40 Planning Commission
4.50 Hearing Examiner
4.60 Board of County Commissioners
10
10
10
11
12
3.10 Coverage
3.20 Compliance with Comprehensive Plan
3.30 Applicability
3.40 Exemptions
SECTION 5 SHORT SUBDIVISIONS
5.10 Applicability
5.20 Administration
5.201 Preapplication Consultation
5.202 Application
5.203 Fees
5.204 Public Notice
5.205 Timetable
5.206 Variance Requests
5.207 Summary Approval
5.208 Expiration
5.209 Renewal Procedure
12
12
13
13
13
14
15
15
15
15
16
17
17
17
18
18
18
19
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J.".rlon County, WR POPE RESOURCES RESO 5SB.ee
5.210 Appeals
5.211 Final Short Plat
5.212 Resubdivision
5.30 Design
5.301 Lots
5.302 Easements
5.303 Transit/School Bus Stops
5.304 Sidewalks
5.305 Open Space Land
5.306 State Environmental Policy Act Review
5.307 Significant Natural Features
5.308 Roads
5.401 Required Improvements
5.401 Roads
5.402 Off-Site Traffic Impacts
5.403 Bridges
5.404 Signs
5.405 Drainage
5.406 Water Supply
5.407 Sewage Disposal
5.408 Fire Protection
5.409 Electric and Telephone Service
5.410 Surveys
5.50 Inspections
5.60 Surety
SECTION 6 LONG SUBDIVISIONS
19
20
21
21
21
21
22
22
22
23
23
23
24
24
25
25
25
26
26
27
27
27
27
28
28 .
30
6.208
6.209
6.210
6.211
6.212
6.213
6.214
6.30 Design
6.301 Lots
6.302 Blocks
6.303 Easements
6.10 Applicability
6.20 Administration
6.201 Preapplication Consultation
6.202 Application
6.203 Fees
6.204 Timetable
6.205 Preliminary Review and Approval Process
6.206 Public Notice
6.207 Health, Public Works, and
Planning Department Recommendations
Public Hearing
Hearing Examiner Recommendations
Board of County Commissioners Action
Construction Phase
Expiration
Renewal Procedure
Final Long Plat
30
30
30
31
32
32
32
33
35
35
35
35
36
36
37
37
38
38
38
38
ii
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J.".rlan County, WR POPE RESOURCES RESe 698.00
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 Brid ges
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 LOT SUBDIVISIONS
39
39
39
39
40
40
42
42
42
43
43
43
43
44
44
45
45
45
46
47
7.10 Applicability
7.20 Administration
7.30 Design
7.301 Lots
7.302 Easements
7.303 Schools and Schoolgrounds
7.304 Transit/School Bus Stops
7.305 Sidewalks
7.306 Open Space Land
7.307 State Environmental Policy Act Review
7.308 Significant Natural Features
7.309 Roads
7.40 Required Improvements
7.401 Roads
7.402 Off-Site Traffic Impacts
7.403 Bridges
7.404 Signs
7.405 Drainage
7.406 Water Supply
7.407 Sewage Disposal
7.408 Fire Protection
7.409 Electric and Telephone Service
7.410 Surveys
7.50 Inspections
7.60 Surety
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
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SECTION 8 MOBILE 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 Roads
8.402 Off-Site Traffic Impacts
8.403 Bridges
8.404 Signs
8.405 Drainage
8.406 Water Supply
8.407 Sewage Disposal/Sanitation
8.408 Fire Protection
8.409 Electric and Telephone Service
8.410 Surveys
8.50 Inspections
8.60 Surety
SECTION 9 RECREATIONAL VEHICLE PARK DIVISIONS
9.10 Applicability
9.20 Administration
9.30 Design
9.301 General
9.302 Density
9.303 Screening and Buffering
9.304 Common Facilities, Recreation Areas, and Open Spaces
9.305 State Environmental Policy Act Review
9.306 Significant Natural Features
9.307 Access and Circulation
9.40 Required Improvements
9.401 Roads
9.402 Off-Site Traffic Impacts
9.403 Bridges
9.404 Signs
9.405 Drainage
9.406 Water Supply
iv
56
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
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J.".rlon Co~nty, WA POPE RESOURCES RESO 698.00
9.407 Sewage Disposal and Service Buildings
9.408 Solid Waste
9.409 Fire Protection
9.410 Electric Utilities
9.411 Surveys
9.50 Inspections
9.60 Surety
SECTION 10 COMMERCIAL/INDUSTRIAL PARK DIVISIONS
10.10
10.20
10.30
10.40
10.50
10.60
67
67
67
67
68
68
68
69
Applicability
Administration
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 Policy Act Review
10.308 Significant Natural Features
10.309 Roads
Required Improvements
Inspections
Surety
69
69
69
69
70
70
70
70
70
70
70
71
71
71
71
72
SECTION 11 CONDOMINIUM DIVISIONS
11.10
11.20
11.30
, 1.40
Applicability
Administration
Design
11.301 General
11.302 Schools and Schoolgrounds
11.303 Transit/School Bus Stops
11.304 Sidewalks
11.305 Screening and Buffering
".306 Open Space land
11.307 State Environmental Policy Act Review
11.308 Significant Natural Features
11.309 Roads
Required Improvements
11.401 Roads
, , .402 Off-Site Traffic Impacts
, 1.403 Bridges
11.404 Signs
11.405 Drainage
11.406 Water Supply
11.407 Sewage Disposal
, 1 .408 Fire Protection
72
72
73
73
73
73
73
73
73
73
74
74
74
74
74
74
74
75
75
75
75
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J.".r.on County, WA POPE RESOURCES RESO 698.00
11.409 Electric and Telephone Service
11.410 Surveys
11.50 Inspections
11 .60 Surety
SECTION 12 VARIANCES
75
75
76
76
77
12.10 Application
12.20 Notice of Hearing
12.30 Findings
12.40 Conditions
12.50 Administrative Variances
77
77
77
78
78
79
SECTION 13 VACATIONS
13.10
13.20
13.30
13.40
13.50
Applicability
Application
13.20; Generally
13.202 Fees
13.303 Timetable
Public Hearing Process
13.301 Notice of Hearing
13.302 Health, Public Works, and
and Planning Department Recommendations
13.303 Public Hearing
13.304 Hearing Examiner Decisions
Dedications
Vesting of Title
79
79
79
80
80
81
81
81
81
82
82
82
SECTION 14 ALTERATIONS
Applicability
Application
14.201 Generally
14.202 Fees
14.203 Timetable
Public Hearing Process
14.301 Notice of Alteration Application
14.302 Health, Public Works, and
Planning Department Recommendations
14.303 Public He?QlJg
14.304 Hearing Examiner Recommendations
Board of County Commissioners Action
83
83
83
83
84
84
85
85
14.10
14.20
1.4.30
14.40
86
86
86
86
88
SECTION 15 LEGAL PROVISIONS
15.10 Violations
15.20 Remedies
15.30 Severability
88
89
89
vi
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J8"8rlon County, WA POPE RESOURCES
1 5.40 Repealer
1 5.50 Effective Date
15.60 Adoption
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
SHORT PLAT APPLICATION CHECKLIST
FINAL SHORT PLAT CHECKLIST
PRELIMINARY LONG PLAT CHECKLIST
FINAL LONG PLAT CHECKLIST
LARGE LOT DIVISION
PRIVATE ROADWAY DESIGN STANDARDS
OPEN SPACE STANDARDS
DOCUMENTS RELATING TO THE DESIGN,
CONSTRUCTION AND PLACEMENT OF:
ROADS, BRIDGES, DRAINAGE WAYS,
AND SIGNS'
vii
89
89
90
i
ii
vi
viii
xi
xii
xix
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Je"erlon County, WA POPE RESOURCES RESO S98.mø
SECTION 1
PURPOSE
Subsections:
1.10 Findings
1.20 Purposes
1.30 Enactment
1.40 Title
1 .50 Short Title
1.10 Findinas: The Jefferson County Board of County Commissioners finds that:
1.
2.
3.
. 1.20
1.
2.
3.
4.
Promotion of public health, safety, and general welfare requires the division
of land to proceed in accordance with standards to prevent overcrowding of
lands and provide adequate light and air; to lessen congestion in streets and
highways; to provide proper ingress and egress; to facilitate adequate provision
for water supply, sewage disposal, drainage, access, recreation areas, open
space, parks, fire protection, schools, and other public requirements; and to
require uniform monumentation and conveyancing of accurate legal
descriptions.
Proper application of the regulations established by the Washington Subdivision
Act, (hereinafter referred to as "RCW 58.17"), as amended, requires that
specific standards and administrative arrangements relating to the division of
land in the unincorporated areas be provided by counties.
Furtherance of the purpose and objectives of the Jefferson County
Comprehensive Plan established pursuant to RCW 36.70 is in the public
interest and requires enactment of this ordinance as an official control relating
to the division of land.
Purooses: The purposes of this ordinance are:
To promote public health, safety, and general welfare; .
To provide for the proper application of RCW 58.17, as amended;
To further the purposes and objectives of the Jefferson County Comprehensive
Plan;
To provide the public with assurance that certain necessary facilities will be
provided in new short and long subdivisions, large lot subdivisions,
commercial\industrial park divisions, mobile home park divisions, recreational
vehicle park divisions, and condominium
developments in an amount and size appropriate for their proposed
use;
1
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J.rr.rlon County, WA POPE RESOURCES RESO 698.00
5.
6.
To insure that new lots, tracts, parcels and sites are able to be used for the
purpose which the buyer intends; and
To insure the general taxpaying public is not in the future required to incur
development costs which are the responsibility of the original developer.
To minimize the adverse environmental impacts of new subdivision
development, thereby protecting the quality of life of the citizens of Jefferson
County.
To promote the conservation of the natural heritage and resources of Jefferson
County.
7.
8.
1.30 Enactment: The Jefferson County Board of County Commissioners does
hereby ordain and enact into law the following sections:
1.40 Title: This ordinance shall be known and may be cited as the Jefferson County
Subdivision Ordinance with Supplementary Provisions for large lot Subdivisions,
Mobile Home Park Divisions, Recreational Vehicle Park Divisions,
Commercial\lnd.ustrial Park Divisions, and Condominium Divisions.
1.50 Short Title: This ordinance may refer to itself internally as "these regulations"
or "this ordinance."
2
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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 ordinance certain words and terms shall be
interpreted or defined as follows:
2.20 Tense and Number: When not inconsistent with the context, words used in
the present tense shall include the future, the singular shall include the plural, and
the plural the singular.
2.30 Interoretation:
1.
2.
3.
The word "shall" is mandatory.
The word "should" indicates that which is recommended but not required.
The word "may" is permissive.
2.40 Ordinance Administration: The Director of the Jefferson County Planning and
Building Department is hereby designated at the subdivision administrator. The
subdivision administrator shall be empowered to construe or interpret vague or
incomplete terms within this ordinance, consistent with the overall intent and
purposes of the ordinance.
Furthermore, the subdivision administrator shall have the power to prescribe specific
administrative rules and procedures related to the impleme'ntation of these
regulations, subject to review and recommendation by the Jefferson County Planning
Commission, and confirmation by the Jefferson County Board of Commissioners.
2.50 Definitions:
1.
ADJACENT PROPERTY OWNERS: The owners of real property, as shown by
the records of the County Assessor, located within three hundred feet (300')
of 'any portion of the boundary of the property proposed for division. If the
owner of the real property which is proposed for division owns another parcel
or parcels of real property which lie
3
4.
5.
6.
7.
8.
9.
10.
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J.ff.rlon County, WA ~O~E RESOURCES RESO 69B.00
2.
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.
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 RCW 58.17.040(6),
as amended. (See Section 13, infra, for alteration procedure).
BINDING SITE PLAN: A detailed scale drawing of a proposed mobile home
park, recreational vehicle park, commercial\industrial park, or condominium
division prepared by a licensed surveyor, landscape architect, architect, or civil
engineer registered by the State of Washington, which, in addition to the
requirements of RCW 58.17.020(7), as amended: (a) shows all existing and
proposed conditions of the lots including topography, vegetation, drainage,
floodplains, marshes and waterways, open spaces, walkways, means of
ingress and egress, utility services, landscaping, structures and signs, lighting,
screening' devices, and any other information relevant to the site; and (b)
establishes and references all certifications, dedications, and notifications of
conditions prerequisite to development and final site plan approval.
BLOCK: A group of lots, tracts, parcels or sites located within well defined
and fixed boundaries (usually roads).
BUFFER: A separation designed to absorb conflicts between differing land
uses, or to protect environmentally sensitive areas or significant natural
features. Generally, buffers shall be left in a natural state, or, if necessary,
supplemented by plants.
CATEGORICAL EXEMPTIONS: Development actions, enumerated in
Washington Administrative Code (hereinafter referred to as "WAC") chapter
197-11-800, which have been legislatively determined not to have significant
adverse environmental impacts, and therefore do not require environmental
review or documentation for potential impacts.
CLUSTER DESIGN: A development design technique that concentrates
buildings in specific areas on the site to allow the remaining land to be used
for common open space.
COMMERCIAL\INDUSTRIAL PARK DIVISIONS: The division of land into two
(2) or more lots, tracts, parcels or sites, for the purpose of sale, lease, or
transfer of ownership, where the lots, tracts, parcels or sites are intended for
the development of commercial and\or industrial uses. Any parcel to be
retained by the owner shall be deemed a parcel for sale or lease. NOTE:
Commercial\industrial park divisions must be accomplished through the binding
site plan process delineated in Section 10 of this ordinance. (See Section 3,
Subsection 3.30, infra, for exemptions).
COMMUNITY SITES AND FACILITIES: Including, but not limited to, parks,
open space, private roads, recreation facilities, water, and sanitary facilities.
COMPLETED APPLICATION: An application accompanied by specified fees,
3.
4
11.
12.
13.
14.
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15.
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.
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 Condominium Act.
NOTE: Condominium divisions must be accomplished through the binding
site plan process delineated in Section 11 of this ordinance.
CONTIGUOUS LAND: Land adjoining and touching other land having the same
owner, regardless of whether portions of the parcels have separate tax lot
numbers, were purchased at different times, lie in different sections or
government lots, or are separated from each other by private roads or private
road easements.
CUL-DE-SACS: An area for vehicle turnaround, usually circular, located at the
closed end of a dead-end road.
EASEMENT: A right conveyed by a property owner to a specific person or the
public, to use the owner's property for a specified purpose. (See 2.50.32,
PROTECTIVE EASEMENT, and 2.50.50, WELL EASEMENT, infra).
ENVIRONMENTALLY SENSITIVE AREAS: Those areas established by the
Jefferson County SEPA Implementing Ordinance, No 7-84. (See a/so SEPA,
RCW 43.21C; and WAC chapters 197-11-748 and 197-11-908 for more
detailed information).
FINAL PLAT: The final drawing, in map form, of a short or long subdivision
prepared for final approval and filing with the County Auditor, which contains
all elements and requirements set forth in this ordinance, and RCW 58.17, as
amended.
HALF WIDTH ROAD: A strip of land intended for vehicular circulation and
access to abutting properties, which is one half (1/2) of the specified width
for access roads, and is located along the perimeter of a division of property.
LARGE LOT SUBDIVISION: The division of land into two (2) or more lots,
tracts, parcels or sites, for the purpose of sale, lease, or transfer of ownership,
when the smallest lot, tract, parcel or site is five (5) acres or greater. Where
appropriate to the context, the term may also relate to the land so divided.
Any parcel retained by the owner shall be deemed a parcel for sale or lease.
(See Section 3, Subsection 3.30, infra, for exemptions). .
LOCAL FIRE DISTRICT: One of the districts into which the County is divided
for the purpose of providing fire protection and emergency services.
LONG PLAT: The map representation of a long subdivision.
LONG SUBDIVISION: The dívision or redivision of land into five (5) or more
lots, tracts, parcels or sites, for the purpose of sale, lease, or transfer of
ownership, when anyone (1) lot, tract, parcel or site is less than five (5)
acres. Where appropriate to the context, the term
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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 and\or applicable community development plan,
the Jefferson County Development Code, No. 3-89, the lot size standards and
requirements of the local Health Department and the Washington State
Department of Health as provided for on-site sewage disposal systems, and
this ordinance. The term shall include tracts or parcels.
MOBILE HOME: A dwelling unit, construction of which is regulated by RCW
43.22, as amended.
MOBILE HOME PARK DIVISION: The division of land into two (2) or more
lots, tracts, parcels or sites for the purpose of lease, when no residential
structure other than mobile homes, as regulated by RCW 43.22, as amended,
are to be placed upon the land. Any parcel retained by the owner shall be
deemed a parcel for lease. NOTE: Mobile home park divisions must be
accomplished through the binding site plan process delineated in Section 8 of
this ordinance. (See Section 3, Subsection 3.30, infra, for exemptions).
OPEN SPACE LAND: A parcel or area of land within or related to a
development, dedicated for public or private use, which is designed and
intended to satisfy one (1) or more of the following functions: (a) to meet the
passive and active recreational needs of the residents of the development, or
the public if so dedicated; (b) as a perimeter buffer, to separate conflicting
land uses; (c) to protect environmentally sensitive areas, or as a buffer to
screen and protect environmentally sensitive areas; (d) to serve as wildlife
connective corridors; or (e) to serve as locations for schools or community
sites and facilities. Open space land may include complementary structures
and improvements as are necessary and appropriate. All open space land
dedications shall conform with the Open Space Standards in Appendix G of
this ordinance. (See the Jefferson County Parks Comprehensive Plan,
Resolution 87-90, for more detailed information regarding open space land).
POTABLE WATER: Water which meets Washington State Department of
Health and County Health Department standards for human consumption.
PRELIMINARY PLAT: A neat and approximate drawing of a proposed short or
long subdivision, showing the layout of roads, alleys, lots, blocks, restrictive
covenants, and similar elements which should furnish a basis for approval or
disapproval of the short or long subdivision, in accordance with this ordinance.
(See Appendices A and B, infra, for more detailed information).
PRIVATE DEDICATION: The deliberate appropriation of land by its owner for
any special uses, reserving to oneself no other rights than such as are
compatible with the full exercise and enjoyment of the uses to which the
property has been devoted. The intention to
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dedicate shall be evidenced by presentation by the owner of a final plat or
binding site plan for filing showing the dedication thereon.
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.
PUBLIC DEDICATION: The deliberate appropriation of land by its owner for
any public uses, reserving to oneself no other rights than such as are
compatible with the full exercise and enjoyment of the public uses to which
the property has been devoted. The owner's intention to dedicate shall be
evidenced by presentation of a statutory warranty deed describing the property
to be dedicated filed with the County Auditor. Acceptance by the public shall
be evidenced by the approval of the plats or binding site plans for recording
referencing the dedication thereon.
RECREATIONAL VEHICLE: A unit designed as a temporary living quarter for
recreational, camping, or travel use, having either its own motive power or
being mounted on or drawn by another vehicle.
RECREATIONAL VEHICLE PARK DIVISIONS: The division of land into two (2)
or more lots, tracts, parcels or sites for the purpose of lease, when no living
quarters other than recreational vehicles are to be placed upon the land. Any
parcel retained by the owner shall be deemed a parcel for lease. NOTE:
Recreational vehicle park divisions must be accomplished through the binding
site plan process delineated in Section 9 of this ordinance. (See Section 3,
Subsection 3.30, infra, for exemptions).
RECREATIONAL VEHICLE SITE: A space of land on which a recreational
vehicle is entitled to park or locate for the purpose of overnight occupancy. .
REQUIRED IMPROVEMENTS: Including, but not limited to: roads, drainage,
bridges, signs, water supply, sewage disposal, fire protection, electrical and
telephone utilities, parks, open space, and community facilities.
ROAD: Generally, a strip of land which provides vehicular circulation or other
means of access to abutting properties, and which may also include provisions
for public utilities, pedestrian walkways, bridges, pathways for bikes or horses,
open space, cut and fill slopes, and drainage, and generally designated as
follows:
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a.
Alley: A minor road used primarily for vehicular services to the back or
side of properties abutting on another road.
Local Access Road: A road primarily for providing a'ccess to adjacent
land.
Collector Road: A thoroughfare which primarily carries traffic from local
access roads to arterial roads, including the principal entrance and
circulation routes within subdivisions.
Arterial Road: A road primarily for through traffic carrying heavy loads
and large volumes of traffic, usually on a continuous route.
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d.
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(For existing roads, see the road classifications contained in the Jefferson
County Development Code, No. 3-89, Section 2, Subsection 62.)
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).
ROAD MAINTENANCE AGREEMENT: An affirmative obligation undertaken by
an applicant or members of a lot owners association, to ensure that private
roadways within a property division will be kept in a state of good repair by
the lot owners or applicant.
SANITARY DUMPING STATION: A facility for removing or disposing of
wastes from recreational vehicle holding tanks.
SCREENING: A method of visually or acoustically shielding or obscuring one
form of land use from another by fencing, walls,berms, vegetation, or any
combination thereof.
SERVICE BUILDING: A structure containing toilet, wash basin, and similar
facilities 'used by recreational vehicles within designated parks.
SEWAGE DISPOSAL SYSTEM: Manufactured devices for the collection,
treatment and disposal of organic waste water generated by residential,
industrial and commercial establishments. (Sewage disposal systems may
consist of engineered or conventional on-site septic systems, or community
sewer systems).
SHORT PLAT: The map representationof a short subdivision.
SHORT SUBDIVISION: The division or redivision of land into four (4) or fewer
lots, tracts, parcels Or sites, for the purpose' of sale, lease or transfer of
ownership, when anyone (1) lot, tract, parcel or site is less than five (5)
acres. Where appropriate to the context, the term may also relate to the land
so divided. Any parcel to be retained by the owner shall be deemed a parcel
for sale or lease. NOTE: Short subdivisions must be platted in accordance
with Section 5 of this ordinance. (See Section 3, Subsection 3.30, infra, for
exemptions).
SIDEWALK: A paved, surfaced or graded area, paralleling and separated from
the street, used as a pedestrian walkway.
SUBDIVISION: The division of any land for the purpose of sale or lease.
TRAIL: An independently aligned, naturally surfaced pedestrian walkway
generally serving recreational activities. (See the Jefferson County Parks
Comprehensive Plan for greater detail).
TRANSIT\SCHOOL BUS STOP: A turnout at the side of a roadway designed
to allow buses to pick up and discharge passengers.
VACATION: The removal of lot(s), block(s), tract(s) or any public dedication
other than roads from the face of a recorded final plat map or binding site
plan. (See Section 12, infra, for vacation procedure).
VARIANCE: A modification of the strict terms of this ordinance where
modification will not be contrary to the public interest, and where
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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. '
WATER DISTRIBUTION SYSTEM: The well, facilities and piping used to
deliver water intended for human consumption.
WELL EASEMENT: An easement for the purpose of protecting wells from
potential sources of contamination, including, but not limited to: cesspools,
sewers, privies, septic tanks, drainfields, manure piles, garbage of any kind or
description, barns, chicken houses, rabbit hutches, pigpens, or other
enclosures or structures for the keeping or maintenance of fowls or animals,
or storage of liquid or dry chemicals, herbicides, or insecticides.
The word" Auditor" means the Jefferson County Auditor.
The word "Board" means the Jefferson County Board of County
Commissioners.
The word "County" shall mean Jefferson County. '
The words "Department of Public Works" mean the Jefferson County
Department of Public Works.
The words "Director of Public Works" mean the Director of the Jefferson
County Department of Public Works.
The words "Health Department" or "'ocal Health Department" mean the
Jefferson County Health Department.
The words "Hearing Examiner" or "Examiner" mean the Jefferson County
Hearing Examiner.
The words "Planning Department" mean the Jefferson County Planning Department.
The words "Planning Director" mean the Director of the Jefferson County
Planning Department.
The words "Prosecutor" or "County Prosecutor" mean the Jefferson County
Prosecuting Attorney.
The word "State" shall mean the State of Washington.
The word "Treasurer" shall mean the Jefferson County Treasurer.
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SECTION 3
SCOPE
Subsections:
3.10 Coverage
3.20 Compliance with Comprehensive Plan
3.30 Applicability
3.40 Exemptions'
3.10 Coveraae: This ordinance shall apply to all long subdivisions, short
subdivisions, large lot subdivisions, commercial\industrial park divisions, mobile home
park divisions, recreational vehicle park divisions, and condominium divisions
hereafter in the unincorporated areas of Jefferson County; and every long
subdivision, short subdivision, large lot subdivision, commercial\industrial park
division, mobile home park division, recreational vehicle park division, and
condominium divisions in the unincorporated area shall proceed in compliance
herewith.
3.20 Comoliance with Comorehensive Plan: All development subject to this
ordinance shall be in compliance with the Jefferson County Comprehensive Plan, as
amended.
3.30 Aoolicabilitv: The following rules shall govern questions of the precise
applicability of these regulations:
1 .
2.'
3.
4.
5.
Parcels in the same ownership having contiguous boundaries shall be
considered a single parcel for the purposes of this ordinance and may not be
further divided through the short subdivision process. NOTE: the sale of an
existing distinct parcel which is a portion of a larger contiguous ownership,
shall not be considered a subdivision for the purposes of this ordinance.
Parcels in common ownership separated by a public right-of-way should not
be considered a single parcel.
Land divided incidental to separation of common interest of communal
ownership as in a partnership or marriage shall be considered a subdivision.
The partial fulfillment of a real estate contract and subsequent deed release
of a portion of property shall not be considered a subdivision.
When proposed divisions of property would create lots of different sizes, the
development standards contained in these regulations that would apply to the
smallest lot within the division shall apply to all the lots created.
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3.40 Exemotions: The following are exempt from the provisions of this ordinance:
1.
2.
3.
Cemeteries and other burial plots while used for that purpose.
Division made by testamentary provision, or the laws of descent.
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.
A division made for the purpose of alteration by adjusting boundary lines
between platted or unplatted lots or both, which does not create any
additional lot, tract, parcel, site or division which contains insufficient area and
dimension to meet the County's minimum requirements for width and area for
a building site.
4.
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SECTION 4
ADMINISTRATIVE AUTHORITY
AND RESPONSIBILITY
Subsections:
4.10 Health Department
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 DeDartment: The Health Department shall review all proposed long
subdivisions, short subdivisions, commercial\industrial park divisions, large lot
subdivisions, mobile home park divisîons, recreational vehicle park divisions, and
condominium divisions to determine the adequacy of the proposed sewage disposal
and water supply systems. The Health Department shall forward comments and
recommendations relative to proposed recreational vehicle park divisions to the
Planning Commission; the Health Department shall forward comments and
recommendations relative to all proposed long subdivisions, large lot subdivisions,
commercial\industrial park divisions, and mobile home park divisions consisting of
fifteen (15) or more lots, tracts, parcels, or sites, and condominium divisions
containing fifteen (15) or more dwelling units, to the Hearing Examiner as hereinafter
provided by this ordinance.
4.20 DeDartment of Public Works: The Department of Public Works shall review all
proposed long subdivisions, short subdivisions, commercial\industrial park divisions,
large lot subdivisions, mobile home park divisions, recreational vehicle park divisions,
and condominium divisions as regards roads, drainage systems and signing. The
Department of Public Works shall forward comments and recommendations relative
to' proposed recreational vehicle park divisions to the Planning Commission; the
Department of Public Works shall forward comments and recommendations relative
to all proposed long subdivisions, large lot subdivisions, commercial\industrial park
divisions, and mobile home par~-~ivisions, consisting of fifteen (15) or more lots,
tracts, parcels, or sites, and condominium divisions containing fifteen (15) or more
dwelling units, to the Hearing Examiner as hereinafter provided by this ordinance.
The Department of Public Works shall administer all requirements for the design of
the final plats or binding site plans, the engineering, installation, bonding and
inspection of required improvements, and for surveying, monumentation and legal
descriptions.
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4.30 Planning Department: The Planning Department shall have overall
administrative and design responsibilities regarding proposed long subdivisions, short
subdivisions, large lot subdivisions, commercial\industrial 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 recreational vehicle
park divisions to the Planning Commission; the Department shall forward comments
and recommendations relative to all proposed long subdivisions, large lot
subdivisions, commercial\industrial park divisions, and mobile home park divisions,
consisting of fifteen (15) or more lots, tracts, parcels, or sites, and condominium
divisions containing fifteen (15) or more dwelling units, to the Hearing Examiner as
hereinafter provided by this ordinance.
If the Planning Department determines that Hearing Examiner review for proposed
long subdivisions, large lot subdivisions, commercial\industrial park divisions, and
mobile home park divisions consisting of five (5) to fourteen (14) lots, tracts,
parcels, or sites, or condominium divisions containing five (5) to fourteen (14)
dwelling units, is necessary to ensure 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 may refer the
application to the Hearing Examiner for review and recommendation to the Board.
The Planning Department shall cite the particular provision or provisions of the
aforementioned plans, policies and regulations which give rise to the referral. In
instances where the Planning Department issues a summary administrative approval,
the Department shall enter written findings in accordance with RCW 58.17.060.
4.40 Planning Commission: The Planning Commission shall review all recreational
vehicle park divisions 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. In addition, the Planning Commission is hereby
assigned the functions, powers, and duties incident to holding hearings and making
recommendations to the Board on approval or disapproval of recreational vehicle park
preliminary binding site plans, in accordance with this ordinance.
4.50 Hearina Examiner: The Hearing Examiner shall review the following proposed
development actions consisting of fifteen (15) or more lots, tracts, parcels, sites or
dwelling units 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
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provisions of RCW 58.17, and the requirements of this ordinance: preliminary plats
of proposed long subdivisions, large lot subdivisions, commercial\industrial 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, powers, and
duties incident to holding hearings and making recommendations to the Board on
approval or disapproval of said development actions, in accordance with this
ordinance. FURTHERMORE, the Hearing Examiner is assigned the same, functions,
powers, and duties with regard to making final decisions on the approval or
disapproval of variances, in accordance with this ordinance.
4.60 Board of County Commissioners: The Board shall generally find whether or
not proposed development actions controlled by this ordinance make appropriate
provision for public health, safety, and general welfare.
The Board shall inquire into the public use and interest proposed to be served by the
development. The Board shall determine if appropriate provisions are made for, but
not limited to, drainage ways, streets, alleys, other public ways, water supplies,
police and fire protection, sanitary wastes, solid wastes, parks, playgrounds, open
spaces, sites for schools and school grounds, and shall consider all other relevant
facts, including sidewalks and other planning features that ensure safe walking
conditions for students who only walk to and from school, and determine whether
the public interest will be served by the development.
The Board shall ensure that a proposed development conforms 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 Board shall enter written
findings as required by RCW 58.17.110.
The Board shall make decisions regarding administrative appeals, but only after
receipt of a recommendation from the Hearing Examiner relative thereto.
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SECTION 5
SHORT SUBDIVISIONS
Subsections:
5.10 Applicability
5.20 Administration
5.30 Design
5.40 Required Improvements
5.50 Inspections
5.60 Surety
5.10 Acclicabilitv
This section pertains to the division of land into four (4) or fewer lots, tracts, parcels
or sites, where anyone (1) lot, tract, parcel, or site is less than five (5) gross acres
(including a pro rata share of common open space and roads, and excluding
tidelands) .
5.20 Administration
5.201 Preacclication Consultation: Prior to making application for short subdivision
approval, a prospective applicant shall arrange for the proposal to be reviewed by
submitting five (5) copies of the proposal to the Planning Department at least
fourteen (14) days before submitting an official short subdivision application. The
proposal shall include a conceptual design showing approximate lot lines, suggested
provisions for parks and open space, means of ingress and egress, lot drainage,
possible locations of sewage disposal and water supply systems, and possible
locations of utility easements. Preapplication consultation shall also include a
decision as to whether the proposal will require review and threshold determination
pursuant to the State Environmental Policy Act, RCW 43.21 C.
There is no fee for preapplication consultation, which includes design and
administrative assistance, however, this free service shall not include extensive field
inspection or correspondence. Preapplication consultation shall in no way limit
subsequent administrative review.
NOTE: Prior to commencing on-site physical activity, prospective applicants are
advised to contact the Planning Department to ensure proper examination of
environmental factors.
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5.202 AODlication: 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 DETERMINATION OF A
SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN MADE.
Those applications which upon inspection are insufficiently prepared to provide a
basis for adequate review shall be returned by the Planning Department. A written
statement citing the information requirements upon which nonacceptance is based
shall be supplied by the Planning Department when requested by the applicant.
The acceptability of an application shall be certified by the Planning Department
within fourteen (14) days of filing. When the Planning Department has determined
that the application contains sufficient information to provide an adequate basis for
review, a notice containing the following statement shall be affixed to the
application:
AS OF (oA TE) , THE APPLICATION IS FOUND TO BE
SUBSTANTIALLY COMPLETE.
Affixation of this notice shall provide presumptive evidence of a completed
application, and the time period for review and approval shall commence.
When land proposed to be subdivided is adjacent to or within one (1) mile of a
municipal boundary, or contemplates use of any city or town utilities, notice of the
application shall be given by the Planning Department to the legislative body of that
city or town. When land proposed to be subdivided is within two hundred feet
(200') of a shoreline, notice of the application shall be given by the Planning
Department to the Jefferson-Port Townsend Shoreline Management Advisory
Commission. Proposed short subdivisions located adjacent to the right-of-way of a
StCite highway shall be presented to the District Administrator of the Washington
State Department of Transportation for review and recommendation regarding such
matters as deemed appropriate. A proposed short subdivision, any part of which is
within a flood control zone (as provided in RCW 86.16), must be approved by the
Washington State Department of Ecology prior to approval by Jefferson County.
The Planning Department shall forward copies of the proposed short subdivision to
appropriate fire districts, school districts, public utility districts, transit authorities,
and other relevant government agencies when deemed necessary.
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5.203 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:
2.
Within ten (10) days of the filing of the application, the Planning Department
shall send notices to adjacent property owners advising them of the pending
short subdivision application. Names and addresses of adjacent property
owners shall be provided to the Planning Department by the applicant, subject
to Planning Department approval.
The Planning Department shall provide the applicant with two (2) or more
notices of the pending short subdivision application, which shall be placed in
conspicuous locations on or near the property within ten (10) days of the
application filing. Notices shall be removed by the applicant upon final short
plat approval. The notices shall be mounted on easily visible boards not
smaller than two feet (2') by three feet (3'). All notices and notice boards
shall meet Planning Department requirements.
1.
3.
The Planning Department shall arrange for at least one (1) publication of the
notice of pending summary short subdivision review to appear in a newspaper
of general circulation within the County within ten (10) days of the filing of
the application. Payment of all publication fees shall be the responsibility of
the applicant.
Any person shall have a period of ten (10) days from the date of the notice to
comment on the proposed preliminary short plat. All comments received by the
Planning Department shall be provided to the applicant. The applicant shall have
seven (7) days from receipt of the comments to respond thereto.
NOTE: Nothing in this subsection shall prohibit the Planning Department from
providing additional notice to individuals not meeting the definition of an "adjacent
property owner, II as defined in Section 2, Subsection 2.50.1 of this ordinance.
5.205 Timetable: Applications for approval of short subdivisions shall be processed
without delay and shall be preliminarily approved, disapproved or returned to the
applicant within thirty (30) days from the date the application is deemed complete,
unless the applicant consents to an extension of the time period, or unless approval
is required by a State agency. In instances where the actions of the applicant result
in approval delays, no consent is required for an extension.
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5.206 Variance Reauests: 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 procedureL
5.207 Summary Aooroval: 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 imposed; or (b) their
disapproval of a proposed short subdivision and the reasons for disapproval. Criteria
for review of a short subdivision are as follows:
1.
The Health Department shall review proposed short subdivisions to ensure
conformance with public health and sanitation requirements adopted by the
Washington State Department of Health, the County Health Department, and
this ordinance.
The Department of Public Works shall review proposed short subdivisions to
ensure conformance with the road and drainage provisions of this ordinance.
The Planning Department shall review proposed short subdivisions to ensure
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 design
requirements of this ordinance. Additionally, the Planning Department shall
consider the recommendations of all other relevant government agencies,
including, but not limited to: public utility districts, fire districts, school
districts, and transit authorities.
Approval by the Health, Public Works, and Planning Departments shall constitute
summary short subdivision approval on the part of Jefferson County, and no further
action by the Hearing Examiner or Board shall be required. Summary approval may
require the applicant to meet designated conditions before submission of the final
short plat. Summary short subdivision approval shall furnish a firm basis upon which
the applicant may proceed with any required improvements, as well as preparation
of the final short plat, in compliance with any conditions of approval imposed, and
the provisions of this ordinance. '
NOTE: A short subdivision shall under no circumstance be approved before the
Planning Department has conducted at least one (1) field inspection of the site
proposed for subdivision.
5.208 Exoiration: Summary short subdivision approval shall become invalid when
the final short plat is not submitted in proper form for final approval within six (6)
months from the date of summary approval. Extensions may be granted by the
Planning Department, when requested in writing by the applicant at least thirty (30)
days prior to the date of expiration. Extensions may be approved for a maximum of
six (6) months on a one (1) time basis only.
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5.209 Renewal Procedure: A short plat upon which preliminary approval has
expired shall be resubmitted and processed as a new application.
5.210 ADDeals:
1.
2.
Any administrative decision made by the Planning Department regarding a
preliminary short subdivision application may be appealed to the Hearing
Examiner by the applicant, a public agency, or any interested person as
defined below, not later than fourteen (14) days following the decision of the
Planning Department. The notice of appeal shall be on a form provided by the
Planning Department and shall be filed with the Planning Department.
Only persons holding an ownership interest in property located within six
hundred feet (GOO') of the boundary of the proposed preliminary short
subdivision, or persons who have submitted written comments on the
proposed preliminary plat pursuant to Subsection 5.204 of this ordinance, shall
be considered interested persons for the purposes of this section.
3.
The written notice of appeal shall include:
8.
4.
5.
b.
A concise statement of the error or issue the Hearing Examiner is asked
to consider on appeal; i.e. error in interpretation of law, adopted policy,
relevant fact, or discovery of new factual evidence which, by due
diligence, could not have been found prior to the decision of the
Planning Department;
A statement containing specific references to portions of the written
findings contained in the Planning Department's decision alleged to be
in error, and an explanation of those provisions of law or adopted policy
alleged to have been violated;
c.
A statement of the relief sought, such as a reversal of the Planning
Department's decision or modification of conditions;
d.
The signature, mailing address and telephone number of the appellant
or the appellant's representative;
e.
An appeal fee as set by the Board of County Commissioners.
The notice of appeal shall be accompanied by a written memorandum detailing
the arguments the appellant may which considered by the Hearing Examiner.
The memorandum may not be based upon new factual information, unless
such information could not have been found through due diligence prior to the
Planning Department's decision.
The Planning Department shall notify all interested persons that an appeal has
been filed and that copies of the appellant's notice of
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6.
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.
Requests for extensions of time for filing memorandums, may be submitted
by any interested person, prior to the date the memorandum would otherwise
be due. A person may be granted only one (1) extension, not to exceed ten
(10) days. Extension notices shall be provided by mail to all interested
persons.
7.
Within fourteen (14) days of receipt of the notice of appeal (excluding time
allowed for extensions), the Hearing Examiner shall hold a public hearing at
which time the Examiner shall examine the written appeal, take any public
testimony pertaining to the issues on appeal, and select one of the following
courses of action:
a.
After examining the notice of appeal and accompanying
memorandums, the Hearing Examiner may deny the request and
adopt the Planning Department's decision;
OR
b.
Amend and adopt, reject, reverse, or amend and reverse the
findings or conclusions in the Planning Department's decision.
If the Hearing Examiner renders a decision which varies from the Planning
Department's decision, the Examiner shall enter findings of fact and
conclusions of law based upon those facts in a written record of decision.
Pursuant to the Jefferson County Hearing Examiner Ordinance, No. 1-0318-
91, the decision of the Examiner shall constitute a recommendation to the
Board of County Commissioners.
5.211 Final Short Plat:
1 ;
The final short plat and supporting data shall be prepared in accordance with
Appendix B of this ordinance and shall be submitted to the Planning
Department fourteen (14) days prior to the date of final review by the Board.
The Planning Department shall cause the final short plat to be circulated to the
Department of Public Works and the Health Department for their individual
approval in accordance with the conditions of summary approval outlined in
Subsection 5.207 of this ordinance.
The Health Department and the Department of Public Works shall immediately
notify the Planning Department of any obstacles or
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problems which would prevent or delay approval of the final short plat, and
the Planning Department shall thereupon notify the applicant.
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 deposited with the
County Auditor, and the final short plat and any restrictions and covenants
shall be simultaneously recorded.
5.212 Resubdivision: Lots created through the short subdivision process shall not
be further divided in any manner within a period of five (5) years without the filing
of a final long plat, which shall proceed in full compliance with Section 6 of this
ordinance. When the short plat consists of fewer than four (4) lots, nothing in this
section shall prevent the owner who filed the short plat from filing an alteration
wi1f1in the five (5) year period to create up to a total of four (4) lots within the
original short plat boundaries.
4.
5.30 Desion
5.301 Lots:
1 .
Residential densities shall conform with the Jefferson County Comprehensive
Plan and\or applicable community development plan, the Jefferson County
Development Code, No. 3~89, and conform to the lot size standards and
requirements of the Health Department and the Washington State Department
of Health as provided for on-site sewage disposal systems, PROVIDED, in the
event of a discrepancy, the stricter standards shall apply.
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 (1 OO') 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.
Creativity in lot layout and configuration is encouraged.
2.
3.
5.302 Easements:
1.
Easements for the purpose of ingress and egress, and\or utility installation and
maintenance, shall be established by recording a separate instrument, or by
declaration of easement dedication, and
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2.
shall be graphically portrayed on the final short plat.
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 (5') along side lot lines, and ten feet (10')
along rear lot lines.
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 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.
Buffer strips or protective easements may be required, and the minimum lot
depth requirement may be increased, where a short subdivision is adjacent to:
a railroad, an arterial road, commercial or industrial development, tidelands,
shorelands, marshes or streamways, or other land use from which separation
or screening is deemed advisable.
(See Appendix H for relevant documents used by the Department of Public
Works) .
3.
5.303 Transit\School Bus Stoes: Applications for short subdivisions shall be
reviewed to determine whether transit or school bus stops are necessary to promote
public access to safe and convenient travel.
5.304 Sidewalks: Applications for short 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 short subdivision
approval. ,
5.305 Deen Soace Land: Open space land should be properly located and
preserved as the County develops. In order to mitigate the direct impacts of a
development, the cost of providing open space amenities should be equitably
proportioned on the basis of the additional need created by the individual
development. The following provisions shall apply:
1.
Minimum area for open space shall be provided as ten percent (10%) of the
total gross area of the short subdivision, consistent with the Open Space
Standards in Appendix G of this ordinance. Open space dedications shall be
established by recording a separate instrument,
or by declaration of dedication, and shall be graphically portrayed on the final
short plat. All open space dedications shall be in perpetuity.
a.
Exceptions to this requirement may be granted by the Board if the short
subdivision is: (a) adjacent to, or near, existing open
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b.
space land sufficient to accommodate the increased public need;
or (b) when previous dedications have been made that adequately serve
the public need.
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 development of open
space land in sufficient proximity to the short subdivision which
contributes the fee to reasonably benefit the future residents of the
short subdivision. All fees-in-lieu shall meet the requirements of RCW
82.02.020.
2.
Open space land should be appropriately located and provided with access
when deemed advisable.
5.306 5tate Environmental Policy Act Review: Applications for short subdivision
of lands involving environmentally sensitive areas shall include threshold
determination and, pursuant to SEPA, shall be subject to review on the basis of the
environmental checklist and other required documents. (See SEPA, RCW 43.21 C;
WAC 197-11; and the Jefferson County SEPA Implementing Ordinance, No. 7-84,
for more detailed information).
Lands designated as environmentally sensitive may be included within the boundaries
of a short plat designated 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.
5.307 Siqnificant Natural 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 wildlife
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 otherwise categorically
exempt from SEPA and do not contain lands designated as environmentally sensitive.
5.308 Roads:
1.
Roads shall be designed with appropriate consideration for existing and
projected roads, anticipated traffic patterns, topographic and drainage
conditions, public convenience and safety, and the proposed uses of the land
served.
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3.
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 (BO') 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 Director of Public
Works. In instances where the standard sixty foot (BO') wide easement is not
required, provisions for parallel easements for utility installation and
maintenance shall be required if deemed necessary by the Director of Public
Works. All reduced width easements shall be designed to include provisions
for emergency vehicle turnarounds.
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.
Where n~cessary to join with existing roads, or to provide for future area-
wide circulation, roads or road rights-of-way may be required to extend to the
outside boundaries of short subdivisions.
Permanent turnarounds, preferably square, may be required at the end of
dead-end roads which are intended for continuation or future area-wide
circulation.
Engineering design of public roads shall conform with officially adopted
Jefferson County road standards.
Road grades, curves, and intersections shall provide adequate sight distances
for traffic safety.
Access to short subdivisions adjacent to arterial or collector roads should bß
restricted. All lots shall be served by an internal road system unless the lots
front on a local access road.
4.
5.
5.
6.
7.
(See Appendix H for relevant documents used by the Department of Public
Works).
1.
5.401 Roads:
5.40 ReQuired Imorovements
2.
Roads providing access to and\or within a short subdivision shall be
constructed according to Department of Public Works design standards, based
upon projected use and traffic volume. Agreements for the continued
maintenance of all private roads shall be established and referenced on the
final short plat.
All improvements to be located under roadways, including: culverts, storm
drains, sanitary sewers, water lines, and service leads, shall be installed before
ballast is laid. The road bed shall be brought to an approved grade, road
ditches shall be graded and backs/oped, and inspections shall be arranged with
the Department of Public Works at
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3.
4.
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.
Legal access from the nearest public road to the entire tract being divided shall
be secured and graphically portrayed on the final short plat.
Road approach permits for private roads that access onto a County road or
State highway shall be secured prior to final short plat approval. When
adjacent to a County road or State highway, the approach shall be graphically
portrayed on the final short plat.
(See Appendix H for relevant documents used by the Department of Public
Works).
5.402 Off-Site Traffic Imoacts: 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 short
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 impact fee to offset
the costs which may be incurred by the County in upgrading any off-site road(s)
affected by the short subdivision. All impact fees shall conform with the
requirements of RCW 82.02, and RCW 43.21 C. 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.
5.403 Bridaes: The design and construction of any bridge in a short subdivision
shall be in accordance with County standards and shall be approved by the Director
of Public Works prior to approval of the final short plat. All bridge designs shall be
certified by a licensed civil engineer.
. (See Appendix H for relevant documents used by the Department of Public Works).
5.404 Sians: Road signs shall be installed in accordance with Jefferson County
standards. Road names shall be approved by the Board, pursuant to
recommendation by the Director of Public Works.
Traffic signs and safety devices shall be provided and installed by the applicant in
accordance with the Manual on Uniform Traffic Control Devices.
(See Appendix H for relevant documents used by the Department of Public Works).
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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 Public Works).
5.406 Water SUDD/Y:
1.
For short subdivisions where anyone (1) lot is less than two (2) acres, an
adequate potable water supply shall be provided to each lot within the
subdivision. Water supply may be accomplished through connection to a
public or community water supply system, through individual wells, or any
other alternative method consistent with State law. Individual wells shall meet
minimum Jefferson County Health Department and Coordinated Water System
Plan standards. Additionally, 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 a separate instrument, or by declaration of easement
dedication, and shall be graphically portrayed on the final short plat.
A potable water supply need not be provided to the lots of a short 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 a separate instrument or by declaration of easement dedication, and
shall be graphically portrayed on the final short plat.
a.
In any instance where a potable water supply is not provided to a lot
within a short subdivision, the applicant shall specifically identify each
such lot by including the following notice on the final short plat:
WARNING TO PURCHASERS
THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN
THIS SHORT SUBDIVISION HAVE NOT BEEN PROVIDED
WITH A POTABLE WATER SUPPLY. NO BUILDING
PERMIT WILL BE ISSUED BY JEFFERSON COUNTY
WITHOUT FIRST SATISFYING THE POTABLE WATER
REQUIREMENTS ESTABLISHED BY THE JEFFERSON
COUNTY HEALTH DEPARTMENT.
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3.
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.
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 method consistent
with State law. Community water systems and alternative water systems
must comply with all applicable State statutes, the rules and regulations of
the Washington State Department of Health, as well as the Jefferson County
Health Department and Coordinated Water System Plan provisions regarding
quantity, quality, source, source protection, distribution and storage methods
and facilities, and treatment and testing procedures.
b.
5.407 Sewaae DisDosal: Installation of sewage disposal systems for short
subdivisions shall be in compliance with regulations and standards of the
Washington State Department of Health, the Washington State Department of
Ecology, and the County Health Department, and shall be approved only after a site
inspection by the County Health Department.
5.408 Fire Protection:
Applicants for short subdivisions where the smallest lot is less than two (2)
acres shall incorporate adequate fire protection measures in accordance with
the Uniform Fire Code and local fire district recommendations consistent with
State law.
Applications for short 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 short subdivision would occur. The representative shall
recommend what fire protection measures, if any, are necessary for the short
subdivision, and shall forward appropriate recommendations to the Planning
Department.
5.409 Electric and Teleohone Service: Applicants for short subdivisions are not
required to provide electric and telephone facilities.
1.
2.
5.410 Survevs:
1.
The survey and preparation of every final short plat shall be made by or under
the supervision of a licensed land surveyor registered by the State of
Washington.
All surveys shall conform to standard practices and principles for land
surveying. (See WAC 323-130, as amended).
The Department of Public Works shall be furnished all documents and
calculations necessary to determine the accuracy of surveys.
The surveyor shall provide the Health Department and Planning Department
data indicating the area of each lot within a final short plat.
2.
3.
4.
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5.
6.
Permanent control and road monuments directly related to the short plat shall
be constructed of materials as per Jefferson County standards.
Road monuments shall be set in such a manner that future road development
or utility installation will not disturb the accuracy of their position.
Every lot corner shall be marked with an iron pipe or rebar having surveyor's
cap and license number.
Surveys shall include a section tie which shall be graphically portrayed on the
final short plat.
A survey is not necessary until after summary approval has been granted,
however, approximate lot corners shall be marked prior to summary approval.
7.
8.
5.50 Inscections
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 such 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 departmental approval of the
short 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.
5.60 Surety
1. Performance Suretv: As an alternative to complete installation of required
improvements before final short plat approval, the applicant may elect to post a
performance surety guaranteeing completion of the work QIlly, within a stated period
of time not to exceed one (1) year.
Surety shall be approved by the Director of Public Works, in a form acceptable to
the County Prosecutor, and in an amount no less than two hundred percent (200%)
of a licensed civil engineer's estimate of the cost of completing improvements to be
assured. Separate surety may be required by the Director of Public Works for each
required improvement to be assured. No surety shall be accepted for water supply
development other than for distribution facilities.
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2. Maintenance Bonds: 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.
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SECTION 6
lONG SUBDIVISIONS
Subsections:
6.10 Applicability
6.20 Administration
6.30 Design
6.40 Required Improvements
6.50 Inspections
6.60 Surety
6.10 ADDlicabilitv
This section pertains to the division of land into five (5) or more lots, tracts, parcels
or sites, where anyone (1) lot, tract, parcel, or site is less than five (5) gross acres
(including a pro rata share of common open space and roads, and excluding
tidelands) .
6.20 Administration
6.201 PreaDDlication Consultation: Prior to making application for long subdivision
approval, a prospective applicant shall arrange for the proposal to be reviewed by
submitting five (5) copies of the proposal to the Planning Department at least
fourteen (14) days before submission of an official preliminary long plat. The
proposal should generally include the information required for submission of a
preliminary plat as per Appendix C of this ordinance. Additionally, the proposal
shall include two (2) conceptual designs, one (1) incorporating cluster design
techniques. The designs shall include approximate lot lines, suggested provisions for
parks and open space, means of ingress and egress, lot drainage, possible locations
of sewage disposal and water supply systems, and possible locations of utility
easements. Preapplication consultation shall also include a decision as to whether
the proposal will require review and threshold determination pursuant to the State
Environmental Policy Act, RCW 43.21 C.
There is no fee for preapplication consultation which includes design and
administrative assistance, however, this free service shall not include extensive field
inspection or correspondence. Preapplication consultation shall in no way limit
subsequent administrative review.
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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 ADDlication: 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 6.205, infra, for
review and approval procedure).
Upon receipt, the Planning Department shall affix a notice to the application
containing the following statement:
APPLICA TION RECEIVED(DA TE) . 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 Planning Department.
A written statement citing the information requirements upon which nonacceptance
is based shall be supplied by the Planning Department when requested by the
applicant.
The acceptability of an application shall be certified by the Planning Department
within fourteen (14) days of filing. When the Planning Department has determined
that the application contains sufficient information to provide an adequate basis for
review, a notice containing the following statement shall be affixed to the
application:
AS OF (DATE) , THE APPLICATION IS FOUND TO BE
SUBSTANTIALLY COMPLETE.
Affixation of this notice shall provide presumptive evidence of a completed
application, and the time period for review and approval shall commence.
When land proposed to be subdivided is adjacent to or within one (1) mile of a
. municipal boundary, or contemplates use of any city or town utilities, betore review
commences by the Planning Department or the Hearing Examiner, notice ot the
application shall be given by the Planning Department to the legislative body at that
city or town. When land proposed to be subdivided is within two hundred teet
(200') of a shoreline, notice of the application shall be given by the Planning
Department to the Jefferson-Port Townsend Shoreline Management Advisory
Commission. Proposed long subdivisions located adjacent to the right-ot-way of a
State highway shall be presented to the District Administrator of the Washington
State Department of Transportation tor review and recommendation regarding such
matters as deemed appropriate. A proposed long subdivision, any part of which is
within a flood control zone (as provided in RCW 86.16), must be reviewed by the
Washington State Department of Ecology and receive written approval prior to
review by the Hearing Examiner. The Planning Department
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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 complete.
6.204 Timetable: Preliminary administrative review of long subdivision applications
shall be completed within sixty (60) days of the date of submission of a completed
application for divisions consisting of five (5) to fourteen (14) lots; or within eighty
(80) days of submission of a completed application for divisions consisting of fifteen
(15) or more lots, unless the applicant consents to an extension of the time period,
or unless approval is required by a State agency. Upon completion of the preliminary
review process, the Planning Department shall advise the applicant of the time and
place of the public hearing at which the completed application is scheduled to be
considered by the Hearing Examiner. If no public hearing has been requested on an
application for a long subdivision consisting of five (5) to fourteen (14) lots, the
Planning Department shall advise the applicant that the matter has been forwarded
to the Board for preliminary approval or disapproval.
6.205 Preliminarv Review and Aooroval Process: In all circumstances, the County
Planning Department shall conduct preliminary administrative review of all long
subdivision applications. Subsequent to preliminary administrative review, the
Planning Department shall proceed in the following manner:
1 .
For long subdivisions consisting of five (5) to fourteen (14) lots, the
Planning Department, in its sole discretion, may refer the application to
the Hearing Examiner for public hearing and recommendation to the
Board; or
The Planning and Building Department may forward its recommendation
directly to the Board for preliminary approval or disapproval. Pursuant
to RCW 58.17.095, no public hearing is required prior to preliminary
plat approval of subdivisions consisting of five (5) to .fourteen (14) lots.
However, any person may request a hearing if the Planning Department
does not exercise its discretion in referring the application to the Hearing
Examiner (See Subsection 6.206.1 (d), infra).
For all long subdivisions consisting of fifteen (15) or more lots, the Planning
Department shall refer the application to the Hearing Examiner for a public
hearing and recommendation to the Board.
NOTE: A long subdivision shall under no circumstance be approved before the
Planning Department has conducted at least one (1) field inspection of the site
proposed for subdivision.
a.
b.
2.
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6.206 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
(15) 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 one (1) publication
of the notice of pending administrative long plat review to appear in a
newspaper of general circulation within the County within ten (10) days
of the filing of the application. Payment of all publication fees shall be
the responsibility of the applicant.
Within ten (101 days after the filing of the application for preliminary
administrative long plat review:
b.
c.
The Planning Department shall provide the applicant with at least
five (5) copies of the notice of pending administrative long plat
review, which shall be placed in conspicuous locations on or near
the property, and shall be removed by the applicant after
administrative long plat approval. The notices shall be mounted
on easily visible boards not smaller than two feet (2') by three
feet (3'). All notices and notice boards shall meet Planning
Department requirements.
The Planning Department shall send notices to adjacent property
owners advising them of the pending administrative long plat
review. Names and addresses of adjacent property owners shall
be provided to the Planning Department by the applicant, subject
to Planning Department approval.
All notices shall include notification that no public hearing will be held
on the application unless a person files a request for a hearing with the
County within twenty-one (21) days of the publishing of notice. When
a public hearing is requested, the notice provisions of Subsection
6.206.1 of this ordinance shall apply, and the sixty (60) day period for
approval or disapproval of the proposed long subdivision shall
commence on the date the request for a public hearing is filed. All
hearings ordered under this subsection shall be conducted by the
Hearing Examiner.
Any person shall have a period of twenty (20) days from the date of the
notice to comment upon the proposed preliminary long plat. All
comments received by the Planning Department shall be provided to the
applicant. The applicant has seven (71 days from receipt of the
comments to respond thereto.
2.
1.
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The Planning Department shall provide the applicant with at least five
(5) copies of a notice of the public hearing, and one (1) copy of an
affidavit of posting. The applicant shall post the notices and maintain
them in place for at least ten (1 0) days prior to the public hearing, not
including the day of posting or the day of the hearing. The notices shall
be placed in conspicuous locations on or near the property and shall
be removed by the applicant after the hearing. The notices shall be
mounted on easily visible boards not smaller than two feet (2') by three
feet (3'). All notices and notice boards shall meet Planning Department
requirements. The affidavit of posting shall be signed, notarized, and
returned to the Planning Department at least one (1) week before the
hearing.
The Planning Department shall arrange for at least one (1) publication
of the notice to appear in a newspaper of general circulation within the
County at least ten (10) days before the hearing. Payment of all
publication fees shall be the responsibility of the applicant.
The Planning Department shall send notices to adjacent property owners
advising them of the pending long subdivision application. Names and
addresses of adjacent property owners shall be provided to the Planning
Department by the applicant, subject to Planning Department approval.
The Planning Department shall give additional notice in accordance with
RCW58.17.
All hearing notices shall include a legal description of the proposed long
subdivision and either a vicinity location sketch or a location description
in nonlegal language.
NOTE: Nothing in this subsection shall prohibit the Planning Department from
providing additional notice to individuals not meeting the definition of an "adjacent
property owner," as that term is defined in Section 2, Subsection 2.50.1 of this
ordinance.
2.
c.
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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.
When a public hearing is not called as provided in this subsection, the
Planning Department shall complete the review of the proposed
preliminary long plat and transmit its recommendation to the Board.
For long subdivisions consisting of fifteen (15) or more lots, notice of public
hearing shall be given as follows:
e.
a.
b.
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6.207 Health. Public Works. and Plannina Deoartment Recommendations:
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 sale discretion, has determined that a Hearing Examiner recommendation
is necessary in order to ensure that the proposed long subdivision is in
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 submit said
recommendations, findings and information to the Hearing Examiner for public
hearing.
When the application is for a long subdivision consisting of fifteen (15) or
more lots, the recommendations of the County Health, Public Works, and
Planning Departments shall be submitted to the Hearing Examiner at least
seven (7) days prior to the public hearing.
6.208 Public Hearing: When the application is for a long subdivision consisting of
fifteen (15) or more lots, public hearings are required prior to preliminary long plat
approval, and pursuant to Subsection 6.206 of this ordinance, shall be conducted
by the Hearing Examiner. The Hearing Examiner shall review the preliminary plat and
recommendations of the County Health, Public Works, and Planning Departments and
other relevant government agencies, including, but not limited to: public utility
districts, fire districts, school districts, and transit authorities. The Hearing Examiner
shall present and review all other pertinent information in the Examiner's possession
and shall provide an opportunity for all interested persons to speak and submit
exhibits. An accurate record of the public hearing shall be kept by the Hearing
Examiner which shall be available for public inspection.
2.
6.209 Hearina Examiner Recommendations: Within ten (10) days following the
hearing, the Hearing Examiner shall submit written findings, conclusions and
recommendations to the Board together with all pertinent information available.
. 6.210 Board of County Commissioners Action:
1.
Upon receipt of the recommendation and information on any preliminary long
plat, the Board, at its next public meeting, shall set a date for the meeting
where it may adopt or reject the recommendations of the Planning Department
or the Hearing Examiner.
a.
If the matter was submitted directly to the Board from the Planning
Department, the Board shall adopt its own findings and
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b.
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
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 change of the
. recommendation shall not be made until the Board conducts its own
public hearing and thereupon adopts its own findings and thereafter
approves or disapproves the preliminary long plat. Such public hearing
may be held before a committee constituting a majority of the Board.
If the hearing is before a committee, the committee shall report its
recommendation on the matter to the full Board for final action.
2.
The Clerk of the Board shall keep records of the public meetings and public
hearings set and held by the Board which shall be made available for public
inspection.
In any event, the Board shall take action on a preliminary long plat within
ninety (90) days of the date of the filing of a completed application unless the
applicant consents to an extension of the time period PROVIDED, if an
environmental impact statement is required, the ninety (90) day period shall
not include the time spent preparing and circulating the environmental impact
statement.
The Planning Department shall notify the applicant of the Board's action by
mail as soon as practicable after the action. The notification shall specify any
conditions imposed, or in the event of disapproval, the reasons thereof.
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. .
6.211 Construction Phase: Upon receipt of preliminary long plat approval, the
applicant may proceed with detailed engineering plans for construction of roads,
bridges, utilities, drainage works and other required improvements. After submission
of plans to the departments and agencies having jurisdiction, and receipt from them
of the necessary permits and approvals, the applicant may proceed with construction
PROVIDED, arrangements shall be made for inspection by the Department of Public
Works, and by other departments and agencies having jurisdiction.
3.
4.
5.
6.212 Exoiration: Approval of a preliminary long plat shall expire unless the final
long plat is submitted in proper form for final approval within thirty-six (36) months,
unless an extension is granted by the Board upon an
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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 (12) months, upon a Showing that
the applicant has in good faith attempted to submit the final long plat within the
initial twelve (12) month period,
6.213 Renewal Procedure: A long plat upon which preliminary approval has expired
shall be resubmitted and processed as a new application.
6.214 Final LonaPlat:
1,
The final long plat and supporting data shall be prepared in accordance with
Appendix D of this ordinance, and shall be submitted to the Planning
Department. When the Hearing Examiner has conducted a public hearing prior
to preliminary long plat approval, the final long plat and supporting data shall
be submitted to the Planning Department no later than thirty (30) days prior
to final review by the Board.
The Planning Department shall cause the final long plat to be circulated to the
Department of Public Works and the Health Department for their individual
approval in accordance with the conditions for final long plat approval and the
requirements of this and other applicable laws and\or ordinances. The
Planning Department shall provide a copy of the plat to the County Assessor
who shall segregate the assessed valuation of the property being platted and
furnish same to the County Treasurer for segregation of taxes.
When the Hearing Examiner has conducted a public hearing prior to preliminary
long plat approval, the Planning Department shall check the final long plat and
supporting data for compliance with the conditions for final long plat approval
and shall prepare a written recommendation for the advice of the Board. The
Board shall not consider approval of the long plat until the recommendations
of the Health Department, the Department of Public Works, the Planning
Department, and other relevant government agencies are in hand.
The Health Department and the Department of Public Works shall promptly
notify the Planning Department of any obstacles or problems which prevent
or delay approval of the long plat, and the Planning Department shall
thereupon notify the applicant. In all cases where a final long plat is not
approved within sixty (60) days, for long plats consisting of five (5) to
fourteen (14) lots, or ninety (90) days for long plats consisting of fifteen (15)
or more lots, the Planning Department shall either return the long plat to the
applicant with a statement of the reasons approval is denied, or shall secure
a written authorization from the applicant permitting the long plat to be
considered for a longer period.
After approval by the Health Department, the Department of Public Works,
and the Planning Department, the taxes and delinquent
2.
3.
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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.
6.30 Desion
6.301 Lots:
1 .
Residential densities shall conform with the Jefferson County Comprehensive
Plan and\or applicable community development plan, the Jefferson County
Development Code, No. 3-89, and conform to the lot size standards and
requirements of the Health Department and the Washington State Department
of Health as provided for on-site sewage disposal systems, PROVIDED, in the
event of a discrepancy, the stricter standards shall apply.
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 (100') 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 reasons of
sanitation, steep slopes, slide hazards, poor drainage, flood hazards or other
unique conditions or features which may warrant protection of the public
interest.
Creativity in lot layout and configuration is encouraged.
2.
3.
6.302 Blocks:
1.
Block dimensions shall reflect due regard for convenient access, public safety,
the limitation and opportunities of topography, economics of land use and road
maintenance, and the provision of suitable sites for the intended land use.
Block design shall normally provide for vehicular circulation at one-fourth (1/4)
mile intervals and pedestrian circulation at one-eighth (1/8) mile intervals.
6.303 Easements:
2.
1.
2.
Easements for the purpose of ingress and egress, and\or utility installation and
maintenance, shall be established by recording a separate instrument, or by
declaration of easement dedication, and shall be graphically portrayed on the
final long plat.
When required by conditions of final long plat approval, easements for utility
installation and maintenance shall conform to the standard width of seven feet
(7') along front lot lines, five feet (5') along side
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3.
lot lines, and ten feet (10') along rear lot lines.
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.
Buffer strips or protective easements may be required, and the minimum lot
depth requirement may be increased, where a long subdivision is adjacent to:
a railroad, an arterial road, commercial or industrial development, tidelands,
shorelands, marshes or streamways, or other land use from which separation
or screening is deemed advisable.
4.
(See Appendix H for relevant documents used by the Department of Public
Works).
6.304 Schools and Schoolarounds: Applications for long subdivisions shall be
reviewed in order that provisions for schools and schoolgrounds receive adequate
consideration. Provision of school sites or construction of additional classroom
space may be required as a condition of final long plat approval.
6.305 Transit\School Bus 5toos: Applications for long subdivisions shall be
reviewed to determine whether transit or school bus stops are necessary to promote
public access to safe and convenient travel.
6.306 Sidewalks: Applications for long 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 long plat approval.
6.307 ODen SDace Land: Open space should be properly located and preserved as
the County develops. In order to mitigate the direct impacts of a development, the
cost of providing open space amenities should be equitably proportioned on the basis
of the additional need created by the individual development. The following
provisions shall apply:
1.
Minimum area for open space land shall be provided as ten percent (10%) of
the total gross area of the long subdivision consistent with the Open Space
Standards in Appendix G. Open space dedications shall be established by
recording of a separate instrument, or by declaration of dedication graphically
portrayed on the final long plat. All open space dedications shall be in
perpetuity.
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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. .
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 (b) the use of
fees shall only be for the purpose of acquisition or development of open
space land in sufficient proximity to the long subdivision which
contributes the fee to reasonably benefit the future residents of the long
subdivision. All fees-in-lieu shall meet the requirements of RCW
82.02.020.
b.
2.
Open space land should be appropriately located and provided with access
when deemed advisable.
6.308 State Environmental Policv Act Review: Applications for long subdivisions
of lands involving environmentally sensitive areas, or which would exceed the
categorical exemption levels specified by SEPA, shall include threshold determination,
and pursuant to SEPA, shall be subject to review on the basis of the environmental
checklist and other documents required to be submitted. (See SEPA, RCW 43.21 C;
WAC 197-11; and the Jefferson County SEPA Implementing Ordinance, No. 7-84,
for more detailed information).
Lands designated as environmentally sensitive may be included within the boundaries
of a long plat designated 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.
6.309 Roads: Roads shall be designed with appropriate consideration for existing
and projected roads, anticipated traffic volumes and patterns, topographic and
drainage conditions, public convenience and safety, and the proposed uses of the
land served.
1.
Whenever a long subdivision abuts an existing or proposed County road,
necessary realignment and\or widening of the right-of-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. Intersections with arterials
should be spaced at least six hundred feet (GOO') apart.
2.
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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.
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 width for private roads
which: (a) do not exceed five hundred feet (500') in length and serve
fourteen (14) or fewer lots; or (b) dead-end due to topographic features such
as shoreline or river, may be reduced by the Board pursuant to
recommendation by the Director of Public Works. In instances where the
standard sixty foot (60') wide easement is not required, provisions for parallel
easements for utility installation and maintenance may be required if deemed
necessary by the Director of Public Works. All reduced width easements shall
be designed to include provisions for emergency vehicle turnarounds. , ./
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. "
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 a long subdivision.
Roads may be required to be extended to the boundaries of long subdivisions
which abut public lands and public bodies of water PROVIDED, such access
roads need not be provided at an interval more frequently than one-half (1/2)
mile.
Half-width roads shall be prohibited unless adjacent to existing half-width
roads.
Permanent turnarounds, preferably square, may be required at the end of
dead-end roads which are intended for continuation or future area-wide
circulation.
Four-way local access road intersections should be permitted only where
required for convenient traffic circulation, and off-set intersections should be
separated by at least one hundred twenty-five feet (125') between center
lines. Intersecting streets shall digress at an angle as close as possible to
ninety (90) degrees for a distance of two hundred feet (200') from their
junction.
Curved rights-of-way shall provide for the smooth connection of straight-road
sections which deflect from each other, as is necessary to provide for traffic
safety and proper location of utilities. Reverse curves shall be separated by
tangents of sufficient length to provide for traffic safety.
Road grades, curves, and intersections shall provide adequate sight distances
for traffic safety.
Engineering design of all roads shall conform with officially adopted Jefferson
County road standards.
4.
5.
6.
7.
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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) .
6.40 ReQuired Imcrovements
6.401 Roads: All roads shall be constructed to County standards upon approval of
the Director of Public Works.
1.
Roads providing access to and\or within a long subdivision shall be
constructed according to Department of Public Works design standards, based
upon projected use and, traffic volume. Agreements for the continued
maintenance of all private roads shall be established and referenced on the
final long plat. Road Improvement Districts may be formed for the purpose
of constructing public roads within long subdivisions.
All improvements to be located under roadways, including: culverts, storm
drains, sanitary sewers, water lines, and service leads, shall be installed before
ballast is laid. The road bed shall be brought to an approved grade, road
ditches shall be graded and backsloped, and inspections shall be arranged with
the Department of Public Works at specified stages. (See Subsection 6.50,
infra, for inspection procedure). All required road construction must be
approved by the Director of Public Works prior to approval of the final long
plat.
Legal access from the nearest public road to the entire tract being divided shall
be secured and graphically portrayed on the final long plat.
Road approach permits for private roads that access onto a County road or
State highway shall be secured prior to final long plat approval. When
adjacent to a County road or State highway, the approach shall be graphically
portrayed on the final long plat.
(See Appendix H for relevant documents used by the Department of Public
Works).
2.
6.402 Off-Site Traffic Imcacts: 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 long
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 impact fee to offset
the costs which may be incurred by the County in upgrading any off-site road(s)
affected by the long subdivision. All impact fees shall conform with the
requirements of RCW 82.02, and RCW 43.21 C.
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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 approved by the Director
of Public Works prior to approval of the final long plat. All bridge designs shall be
certified by a licensed civil engineer.
(See Appendix H for relevant documents used by the Department of Public Works).
6.404 Sians: Road signs shall be installed in accordance with Jefferson County
standards. Road names shall be approved by the Board, pursuant to
recommendation by the Director of Public Works.
Traffic signs and safety devices shall be provided and installed by the applicant in
accordance with the Manual on Uniform Traffic Control Devices.
(See Appendix H for relevant documents used by the Department of Public Works).
6.405 Drainaae: Drainage facilities adequate to prevent erosion, flooding or hazard
to the use of the roads, lots, property, or facilities within the long 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 Public Works).
6.406 Water SuDety:
1.
For long subdivisions where anyone (1) lot is less than two (2) acres, an
adequate potable water supply shall be provided to each lot within the
subdivision. Water supply may be accomplished through connection to a
public or community water supply system, through individual wells, or any
other alternative method consistent with State law. Individual wells shall meet
minimum Jefferson County Health Department and Coordinated Water System
Plan standards. Additionally, individual wells shall be served by easements
which may not encumber adjacent properties without the prior written consent
of the adjacent land owner(s). 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.
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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 provided to a lot
within a long subdivision, the applicant shall specifically identify each
such lot by including the following notice on the final long plat:
WARNING TO PURCHASERS
THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN
THIS LONG SUBDIVISION HAVE NOT BEEN PROVIDED
WITH A POTABLE WATER SUPPLY. NO BUILDING
PERMIT WILL BE ISSUED BY JEFFERSON COUNTY
WITHOUT FIRST SATISFYING THE POTABLE WATER
REQUIREMENTS ESTABLISHED BY THE JEFFERSON
COUNTY HEALTH DEPARTMENT.
b.
3.
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.
Where the lots of a long subdivision do not meet the Health Department
standards for individual wells, water shall be provided through public or
community water supply systems. Community water systems and alternative
water systems must comply with all applicable State statutes, and the rules
and regulations of the Washington State Department of Health, as well as the
Jefferson County Health Department and Coordinated Water System Plan
provisions regarding quantity, quality, source, source protection, distribution
and storage methods and facilities, and treatment and testing procedures.
6.407 Sewaae DisDosal: Installation of sewage disposal systems within long
subdivisions shall be in compliance with regulations and standards of the
Washington State Department of Health, the Washington State Department of
Ecology, and the County Health Department, and shall be approved only after a site--- "
inspection by the County Health Department.
6.408 Fire Protection:
1.
Applicants for long subdivisions where the smallest lot is less than two (2)
acres shall provide adequate fire protection measures in
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accordance with the Uniform Fire Code and local fire district recommendations
consistent with State law. .
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 Teleohone Service: Arrangements shall be made by the
applicant to install underground utility lines for electricity and telephone service.
2.
6.410 Survevs:
1.
The survey and preparation of every long plat shall be made by, or under the
supervision of, a licensed land surveyor registered by the State of
Washington.
All surveys shall conform to standard practices and principles for land
surveying (See WAC 323-130, as amended).
The Department of Public Works shall be furnished all documents and
calculations necessary to determine the accuracy of surveys.
The surveyor shall provide the Health Department and Planning Department
data indicating the area of each lot within a final long plat.
Permanent control and road monuments directly related to the long plat shall
be constructed of materials as per Jefferson County standards.
Road monuments shall be set in such a manner that future road development
or utility installation will not disturb the accuracy of their position.
Every lot corner shall be marked with an iron pipe or rebar having surveyor's
cap and license number.
Surveys shall include a section tie which shall be graphically portrayed on the
final long plat.
A survey is not necessary until after preliminary long plat approval. However,
approximate lot corners shall be marked prior to preliminary long plat review.
2.
3.
4.
5.
6.
7.
8.
9.
6.50 InsDections
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 such 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 departmental approval of the
long
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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.
6.60 Suretv
Procedures for accepting surety by Jefferson County for long subdivisions shall be
the same as Section 5, Subsection 5.60 of this ordinance.
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SECTION 7
LARGE LOT SUBDIVISIONS
Subsections:
7.10 Applicability
7.20 Administration
7.30 Design
7.40 Required Improvements
7.50 Surety
7.10 Acclicabilitv
This section pertains to the division of land into two (2) or more lots, tracts, parcels
or sites, where the smallest lot, tract, parcel, or site is five (5) gross acres or greater
(including a pro rata share of common open space and roads, and excluding
tidelands).
7.20 Administration
1.
The administrative procedure for review of large lot subdivisions consisting of
four (4) or fewer lots, tracts, parcels or sites shall be the same procedure as
described in Section 5, Subsection 5.20 of this ordinance.
2.
The administrative procedure for review of large lot subdivisions consisting of
five (5) or more lots, tracts, parcels or sites shall be the same procedure as
described in Section 6, Subsection 6.20 of this ordinance.
7.30 Desian
7.301 Lots:
~, uu
1.
Residential densities shall conform with the Jefferson County Comprehensive
Plan and\or applicable community development plan, the Jefferson County
Development Code, No. 3-89, and conform to the lot size standards and
requirements of the Health Department and the Washington State Department
of Health as provided for on-site sewage disposal systems, PROVIDED, in the
event of a discrepancy, the stricter standards shall apply.
47
3.
4.
2.
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RESO S88. øø
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 (100') 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.
Creativity in lot layout and configuration is encouraged.
3.
7.302 Easements:
1.
Easements for the purpose of ingress and egress, and\or utility installation and
maintenance, shall be established by recording a separate instrument, or by
declaration of easement dedication, and shall be graphically portrayed on the
final plat.
When required by conditions of final plat approval, easements for utility
installation and maintenance shall conform to the standard width of seven feet
(7') along front lot lines, five feet (5') along side lot lines, and ten feet (10')
along rear lot lines.
Where a large lot 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.
Buffer strips or protective easements may be required, and the minimum lot
depth requirement may be increased, where a large lot subdivision is adjacent
to: a railroad, an arterial road, commercial or industrial development,
tidelands, shorelands, marshes or streamways, or other land use from which
separation or screening is deemed advisable.
2.
(See Appendix H for relevant documents used by the Department of Public
Works) .
7.303 Schools and Schoo/grounds: Applications for large lot subdivisions
consisting of five (5) or more lots shall be reviewed in order that provisions for
schools and schoolgrounds receive adequate consideration. Provision of school sites
or construction of additional classroom space may be required as a condition of final
large lot subdivision approval.
7.304 Transit\School Bus Stoos: Applications for large lot subdivisions shall be
reviewed to determine whether transit or school bus stops are necessary to promote
public access to safe and convenient travel.
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Jefferlon County, WA POPE RESOURCES RESO 5Se.ø;
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.
7.306 aDen SDace Land: Open space land should be properly located and
preserved as the County develops. In order to mitigate the direct impacts of a
development, the cost of providing open space amenities should be equitably
proportioned on the basis of the additional need created by the individual
development. The following provisions shall apply:
1 .
Applicants for large lot subdivisions where anyone (1) lot is less than twenty
(20) acres, shall set aside a minimum of ten percent (10%) of the total gross
area of the large lot subdivision for open space land' consistent with the Open
Space Standards in Appendix G. Open space dedications shall be established
by recording a separate instrument, or by declaration of dedication graphically
portrayed on the final plat. All open space dedications shall be in perpetuity.
2.
Exceptions to this requirement may be granted if the large lot
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.
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 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 development of open
space land in sufficient proximity to the subdivision which contributes
the fee to reasonably benefit the future residents of the subdivision. All
fees-in-lieu shall meet the requirements of RCW 82.02.020.
Open space should be appropriately located and provided with access when
deemed advisable.
b.
a.
. 3.
No open space dedication is required for subdivisions into lo~s of twenty (20)
acres or greater.
7.307 State Environmental Policy Act Review: Applications for large lot subdivision
of lands involving environmentally sensitive areas, or which would exceed the
categorical exemption levels specified by SEPA shall include threshold determination,
and pursuant to SEPA, shall be subject to review on the basis of the environmental
checklist and other documents required to be submitted. (See SEPA, RCW 43.21 C;
WAC 197-11; and the Jefferson County SEPA Implementing Ordinance, No. 7-84,
for more detailed information).
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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 Sianificant Natural 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 large lot 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 otherwise categorically
exempt from SEPA and do not contain lands designated as environmentally
sensitive.
7.309 Roads:
1.
Roads shall be designed with appropriate consideration for existing and
projected roads, anticipated traffic uses, volumes and patterns, topographic
and drainage conditions, public convenience and safety, and the proposed
uses of the land served.
All large lot subdivisions shall be served by a constructed and maintained
public or private road. Internal roadway systems shall access to a public road
in at least two (2) locations, wherever practicable.
Private roads shall be designed in accordance with the standards prescribed
in Appendix F of this ordinance.
Public roads shall be designed in accordance with officially adopted Jefferson
County roadway design standards as established by the Director of Public
Works.
Large lot subdivisions shall incorporate standard sixty foot (GO') 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 plat. However, easement width for private roads
which: (a) do not exceed five hundred feet (500') in length and serve four (4)
or fewer lots; or (b) dead-end due to topographic features such as shoreline
or river, may be reduced by the Board pursuant to recommendation by the
Director of Public Works. In instances where the standard sixty foot (60')
wide easement is not required, provisions for parallel easements for utility
installation and maintenance may be required if deemed necessary by the
Director of Public Works. All reduced width easements shall be designed to
include provisions for emergency vehicle turnarounds.
2.
3.
4.
5.
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6.
7.
8.
9.
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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.
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.
Permanent turnarounds, preferably square, may be required at the end of
dead-end roads which are intended for continuation or future area-wide
circulation.
Access to large lot 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).
7.40 ReQuired Imcrovements
7.401 Roads: All roads shall be constructed to County standards upon approval of
the Director of Public Works.
1 .
Roads providing access to and\or within a large lot subdivision shall be
constructed according to Department of Public Works design standards, based
upon projected use and traffic volume. Agreements for the continued
maintenance of all private roads shall be established and referenced on the
final large lot subdivision plat. Road Improvement Districts may be formed for
the purpose of constructing public roads within large lot subdivisions.
All improvements to be located under roadways, including: culverts, storm
drains, sanitary sewers, water lines, and service leads, shall be installed before
ballast is laid. The road bed shall be brought to an approved grade, road
ditches shall be graded and backsloped, and inspections shall be arranged with
the Department of Public Works at specified stages. (See Subsection 7.50,
infra, for inspection procedure). All required road construction must be
approved by the Director of Public Works prior to large lot subdivision
approval.
Legal access from the nearest public road to the entire tract being divided
shall be secured and graphically portrayed on the large lot subdivision plat.
Road approach permits for private roads that access onto a County road or
State highway shall be secured prior to final plat approval. When adjacent to
a County road or State highway, the approach shall be graphically portrayed
on the large lot subdivision plat.
(See Appendix H for relevant documents used by the Department of Public
Works).
2.
3.
4.
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7.402 Off-Site Traffic ImDacts: 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 impact fee to offset
the costs incurred by the County in upgrading any off-site road(s} affected by the
large lot subdivision. All impact fees shall conform with the requirements of RCW
82.02, and RCW 43.21 C. 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.
7.403 Bridaes: The design and construction of any bridge in a large lot subdivision
shall be in accordance with County standards and shall be approved by the Director
of Public Works prior to approval of the large lot subdivision. All bridge designs
shall be certified by a licensed civil engineer.
(See Appendix H for relevant documents used by the Department of Public Works).
7.404 Si9ns: Road signs shall be installed in accordance with Jefferson County
standards. Road names shall be approved by the Board, pursuant to
recommendation by the Director of Public Works.
Traffic .signs and safety devices shall be provided and installed by the applicant in
accordance with the Manual on Uniform Traffic Control Devices.
(See Appendix H for relevant documents used by the Department of Public Works).
7.405 Drainage:
1 .
Drainage facilities adequate to prevent erosion, flooding or hazard to the use
of roads, lots, property, or facilities within or adjacent to large lot subdivisions
where anyone (1) lot is less than twenty (20) acres, 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.
Drainage control plans are not required for large lot subdivisions where the
smallest lot is greater than twenty (20) acres. However, the Director of Public
Works, in his\her sale discretion, may require applicants to implement drainage
improvements to ensure compliance with County standards.
2.
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(See Appendix H for relevant documents used by the Department of Public
Works) .
7.406 Water SUDDlv: 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 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 large lot plat.
1.
In any instance where a potable water supply is not provided to a lot within
a large lot subdivision, the applicant shall specifically identify each such lot by
including the following notice on the final plat:' .
WARNING TO PURCHASERS
THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN
THIS LARGE LOT SUBDIVISION HAVE NOT BEEN
PROVIDED WITH A POTABLE WATER SUPPLY. NO
BUILDING PERMIT WILL BE ISSUED BY JEFFERSON
COUNTY WITHOUT FIRST SATISFYING THE POTABLE
WATER REQUIREMENTS ESTABLISHED BY THE
JEFFERSON COUNTY HEALTH DEPARTMENT.
2.
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.
7.407 Sewaae DisDosal:
1.
Installation of sewage disposal systems within large lot subdivisions where the
smallest lot is less than twenty (20) acres, shall be in compliance with
regulations and standards of the Washington State Department of Health, the
Washington State Department of Ecology, and the County Health Department,
and shall be approved only after a site inspection by the County Health
Department.
Large lot subdivisions where the smallest lot is greater than twenty (20) acres
are not subject to the requirements of 7.407.1 of this ordinance PROVIDED,
that each lot within the subdivision contains the following notice on the final -
plat:
2.
WARNING TO PURCHASERS
THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN
THIS SUBDIVISION HAVE NOT BEEN APPROVED FOR THE
INSTALLATION OF AN ON-SITE SEWAGE DISPOSAL
SYSTEM.
53
8.
9.
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J.".rlon County, WR POPE RESOURCES REBO 598.00
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 Protection:
1.
Applications for large lot subdivisions where the smallest lot is less than
twenty (20) acres, shall be reviewed by a representative of the local fire
district in which the proposed large lot subdivision would Occur. The
representative shall recommend what fire protection measures, if any, are
necessary for the large lot subdivision, and shall forward appropriate
recommendations to the Planning Department.
Applicants for large lot subdivisions where the smallest lot created is greater
than twenty (20) acres are encouraged to consult with local fire district
representatives regarding the development of fire protection measures.
7.409 Electric and Teleohone Service: Applicants for large lot subdivisions are not
required to provide electric and telephone facilities.
2.
7.410 Survevs:
1 .
The survey and preparation of every large lot subdivision shall be made by or
under the supervision of a licensed land surveyor registered by the State of
Washington.
All surveys shall conform to standard practices and principles for land
surveying. (See WAC 323-130, as amended).
The Department of Public Works shall be furnished all documents and
calculations necessary to determine the accuracy of surveys.
The surveyor shall provide the Health Department and Planning Department
data indicating the area of each lot within a large lot subdivision.
Permanent control and road monuments directly related to the large lot
subdivision shall be constructed of materials as per Jefferson County
standards.
Road monuments shall be set in such a manner that future road development
or utility installation will not disturb the accuracy of their position.
Every lot corner shall be marked with an iron pipe or rebar having surveyor's
cap and license number.
Surveys shall include a section tie and shall be graphically portrayed on the
final plat.
All large lot plats shall be given a name. The name shall not be a duplicate
of another plat.
All large lot plats shall be filed as a matter of public record with the office of
the County Auditor.
2.
3.
4.
5.
6.
7.
10.
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Jeffer,on CounlY, WR
7.50 InSDections
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 departmental approval of the
large lot 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.
7.60 SuretY
Procedures for accepting surety by Jefferson County for large lot subdivisions shall
be the same as Section 5, Subsection 5.60 of this ordinance.
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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
8.10 Acclicabilitv
This section constitutes a "binding site plan process" for mobile home park divisions
as permitted by RCW 58.17.035, where the lots, tracts or parcels created are for
the purpose of rent or lease.
8.20 Administration
1.
The administrative procedure for review of mobile home park divisions
consisting of four (4) or fewer lots, tracts, or sites for the purpose of lease
shall be the same procedure as described in Section 5, Subsection 5.20 of
this ordinance.
The administrative procedure for review of mobile home park divisions
consisting of five (5) or more lots, tracts, or sites for the purpose of lease
shall be the same procedure as described in Section 6, Subsection 6.20 of
this ordinance.
2.
8.30 Desion
8.301 Lots:
1.
Residential densities shall conform with the Jefferson County Comprehensive
Plan and\or applicable community development plan, the Jefferson County
Development Code, No. 3-89, and conform to the lot size standards and
requirements of the Health Department and the Washington State Department
of Health as provided for on-site sewage disposal systems, PROVIDED, in the
event of a discrepancy, the stricter standards shall apply.
56
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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.
Creativity in lot layout and configuration is encouraged.
3.
8.302 Blocks:
1.
Block dimensions shall reflect due regard for convenient access, public safety,
the limitations and opportunities of topography, economics of land use and
road maintenance, and the provision of suitable sites for the intended land
use.
Block design shall normally provide for vehicular circulation of one-fourth (1/4)
mile intervals and pedestrian circulation on one-eighth (1/8) mile intervals.
2.
8.303 Easements:
1.
Easements for the purpose of ingress and egress, and\or utility installation and
maintenance, shall be established by recording a separate instrument, or by
declaration of easement dedication, and shall be graphically portrayed on the
binding site plan.
When required by conditions of summary or final approval, easements for
utility installation and maintenance shall conform to the standard width of
seven feet (7') along front lot lines, five feet (5') along side lot lines, and ten
feet (10') along rear lot lines.
Where a mobile home park division 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.
Buffer strips or protective easements may be required, and the minimum lot
depth requirement may be increased, where a mobile home park division is
adjacent to: a railroad, an arterial road, commercial or industrial development,
tidelands, shorelands, marshes or streamways, or other land use from which
separation or screening is deemed advisable.
2.
3.
(See Appendix H for relevant documents used by the Department of Public
Works) .
8.304 Schools and Schoolarounds: All mobile home park divisions shall comply
with the school and schoolground provisions of Section 7, Subsection 7.303 of this
ordinance.
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8.305 Transit\School Bus Stoos: 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.
8.307 ScreeninQ and Bufferina:
Screening and buffering areas shall be established with a minimum width of
twenty-five feet (25') along all exterior property lines.
Screening and buffering areas shall not contain any constructed facilities,
erected or placed, with the exception of utility lines, fencing, or security
posts.
Screenin'g and buffering areas shall be left in their natural state, or, if
necessary, supplemented by plants.
8.308 aDen Soace Land: All mobile home park divisions shall comply with the
open space requirements of Section 5, Subsection 5.305 of this ordinance.
1.
2.
3.
8.309 State Environmental Policv Act Review: All mobile home park divisions shall
comply with the environmental review provisions of Section 6, Subsection 6.307 of
this ordinance.
8.310 Sianificant Natural 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 otherwise categorically
exempt from SEPA and do not contain lands designated as environmentally
sensitive.
8.311 Roads: Roads shall be designed with appropriate consideration for existing
and projected roads, anticipated traffic patterns, topographic and drainage
conditions, public convenience and safety, and the proposed uses of the land
served.
1.
Whenever a mobile home park division abuts an existing or proposed County
road, necessary realignment and\or widening of the right-of
58
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J.".rlon County. WA POPE RESOURCES REBa 598.00
2.
-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 constructed and
maintained public or private road which shall provide access in a least two (2)
places wherever practicable.
Mobile home park divisions 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 binding site plan. 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 Director of Public Works.
In instances where the standard sixty foot (60') wide easement is not
required, provisions for parallel easements for utility installation and
maintenance may be required if deemed necessary by the Director of Public
Works. All reduced width easements shall be designed to include provisions
for emergency vehicle turnarounds.
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.
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 a mobile home park division.
Roads may be required to be extended to the boundaries of mobile home park
divisions which abut public lands and public water PROVIDED, such access
roads need not be provided at an interval more frequently than one-half (1/2)
mile.
Half-width roads shall be prohibited unless adjacent to existing half-width
roads.
Permanent turnarounds, preferably square, may be required at the end of
dead-end roads which are intended for continuation or future area-wide
circulation.
Four-way local access road intersections should be permitted only when
required for convenient traffic circulation, and offset intersections should be
separated by at least one hundred twenty-five feet (125') between center
lines. Intersecting streets shall digress at an angle as close as possible to
ninety (90) degrees for a distance of one hundred feet (100') from their
junction.
Curved rights-of-way shall provide for the smooth connection necessary to
provide for traffic safety, and proper location of utilities. Reverse curves shall
be separated by tangents of sufficient length to provide for traffic safety.
3.
5.
6.
10.
11.
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"ESO 159B . 00
12.
Road grades, curves and intersection shall provide adequate sight distances
for traffic safety.
Engineering design of all roads shall conform with Jefferson County road
standards.
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.
13.
14.
(See Appendix H for relevant documents incorporated by reference within this
ordinance).
8.40 ReQuired Imcrovements
8.401 Roads: Roads in mobile home park divisions shall comply with Section 5,
Subsection 5.401 of this ordinance.
8.402 Off~Site Traffic Imoacts: Mobile home park divisions shall proceed in
compliance with the off-site traffic impacts provisions in Section 5, Subsection
5.402 of this ordinance.
8.403 Bridaes: The design and construction of any bridge in a mobile home park
division shall be in accordance with County standards and shall be approved by the
Director of Public Works prior to approval of the final binding site plan. All bridge
designs shall be certified by a licensed civil engineer.
(See Appendix H for relevant documents used by the Department of Public Works).
8.404 Sians: Road signs shall be installed in accordance with Jefferson County
standards. Road names shall be approved by the Board, pursuant to
recommendation by the Director of Public Works.
Traffic signs and safety devices shall be provided and installed by the applicant in
accordance with the Manual on Uniform Traffic Control Devices.
(See Appendix H for relevant documents used by the Department of Public Works).
8.405 Drainaae: Drainage facilities adequate to prevent erosion, flooding or hazard
to the use of the roads, lots, property, or facilities within the mobile home park
division, 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.
60
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(See Appendix H for relevant documents used by the Department of Public Works).
8.406 Water SUDDlv: Mobile home park divisions shall be provided with a water
supply in compliance with Section. 5, Subsection 5.406 of this ordinance.
8.407 Sewaqe DisDosal/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 State Department of
Ecology, and the County Health Department, and shall be approved only after a site
inspection by the County Health Department.
8.408 Fire Protection: Fire protection measures for mobile home park divisions shall
comply with Section 5, Subsection 5.408 of this ordinance.
8.409 Electric and Teleohone Service:
1.
2.
Complete installation of electric and telephone service is required in mobile
home park divisions.
No new mobile home park division shall be serviced by. overhead utility
facilities.
8.410 Survevs:
1.
The survey and preparation of every mobile home park binding site plan shall
be made by or under the supervision of a licensed land surveyor registered by
the State of Washington.
All surveys shall conform to standard practices and principles for land
surveying (See WAC 323-130, as amended).
The Department of Public Works shall be furnished all documents and
calculations necessary to determine the accuracy of surveys.
The surveyor shall provide the Health Department and Planning Department
data indicating the area of each lot within a mobile home park division.
Permanent control and road monuments directly related to the mobile home
park division shall be constructed of materials as per Jefferson County
standards.
Road monuments shall be set in such a manner that future road development
or utility installation will not disturb the accuracy of their position.
Every lot corner shall be marked with an iron pipe or rebar having surveyor's
cap and license number.
Surveys shall include a section tie and shall be graphically portrayed on the
mobile home park binding site plan.
A survey is not necessary until after summary or preliminary mobile home park
binding site plan approval. However, approximate lot corners shall be marked
prior to summary or preliminary binding site plan review.
2.
3.
4.
5.
6.
7.
8.
9.
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8.50 Insoections
The inspection procedure for mobile home park divisions shall be the same as
Section 6, Subsection 6.50 of this ordinance.
8.60 Suretv
Procedures for accepting surety by Jefferson County for mobile home park divisions
shall be the same as Section 5, Subsection 5.60 of this ordinance.
62
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SECTION 9
RECREATIONAL VEHICLE PARK DIVISIONS
Subsections:
9.10 Applicability
9.20 Administration
9.30 Design
9.40 Required Improvements
9.50 Inspections
9.60 Surety
9.10 Aoolicabilitv
This section constitutes a "binding site plan process" for recreational vehicle park
divisions as permitted by RCW 58.17.035, where the lots, tracts or parcels created
are for the purpose of rent or lease.
9.20 Administration
The administrative procedure for review of recreational vehicle park divisions shall
be the same procedure as described in Section 6, Subsection 6.20 of this ordinance
for long subdivisions consisting of fifteen (15) or more lots PROVIDED, that all
hearings shall be conducted by the Planning Commission.
9.30 Design
. 9.301 General:
1.
All recreational vehicle park divisions shall conform with the Jefferson County
Comprehensive Plan and\or applicable community development plan, the
Jefferson County Development Code, No. 3-89, RCW 58.17, and the
requirements of this ordinance, PROVIDED, in the event of a discrepancy
between the standards established herein and those contained in any other
applicable plan, control, or ordinance, the stricter standards shall apply.
All improvements required by this ordinance, including but not limited to
roads, bridges, drains, culverts, storm-water and sanitary sewer systems, fire
protection systems, wells and water systems, parks,
2.
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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 manner as to provide a
minimum of ten feet (10') between vehicles.
9.302 Densitv:
3.
4.
5.
1.
For the purposes of this ordinance the maximum density in recreational vehicle
park divisions shall be eight (8) recreational vehicle sites per gross acre.
Recreational vehicle sites shall be occupied on a temporary basis only by no
more than one (') recreational vehicle and appurtenances (boat, awning, etc.)
at any period of time.
9.303 Screening and Buffering:
2.
1.
Screening and buffering areas shall be established with a minimum width of
twenty-five feet (25') along all exterior property lines.
Screening and buffering areas shall not contain any constructed facilities,
erected or placed, with the exception of utility lines, fencing, or security
posts.
Screening and buffering areas shall be left in their natural state, or, if
necessary, supplemented by plants.
2.
3.
9.304 Common Facilities. Recreation Areas. and aDen SDaces:
Common facilities such as service buildings, sanitary sewage disposal facilities
including septic tanks and drainfields, recreation space, open space, roads,
paths, permanent buildings, and facilities tor other general purposes shall be
designed to the level of full use of the recreational vehicle development.
Paths or trails to common facilities shall not interfere with or cross a
recreational vehicle site, and shall consider pedestrian safety at those points
where trails or paths intersect roads.
At least twenty-five percent (25 %) of the total land area within a recreational
vehicle park division shall be dedicated, in perpetuity, for open space. The
amount of open space shall not include roads, but may include land devoted
to common facilities or land left undeveloped or preserved. At least one-half
(1/2) of the open space must be suitable for active recreational pursuits.
9.305 State Environmental Policy Act Review: All recreational vehicle park
divisions shall comply with the environmental review provisions of Section 6,
Subsection 6.307 of this ordinance.
2.
3.
1.
64
5.
6.
7.
8.
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9.306 Sianificant Natural 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 otherwise categorically
exempt from SEPA and do not contain lands designated as environmentally
sensitive.
9.307 Access and Circulation: Access and circulation shall be designed with
appropriate consideration for existing and projected roads, anticipated traffic
patterns, topographic and drainage conditions, public convenience and safety, and
the proposed uses of the land served.
1. Recreational vehicle park divisions shall have an access road connecting to an
existing public road, designed in accordance with Jefferson County road
standards.
Recreational vehicle parks shall be served by at least one (1) major access
road to and from the development, and shall contain provisions for one (1) or
more emergency exit(s).
Roads within the confines of the recreational vehicle park division shall provide
for access to each recreational vehicle site, and ease of movement within the
development.
Recreational vehicle park divisions 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 binding site plan. However, easement width for
private roads may be reduced by the Board pursuant to recommendation by
the Director of Public Works. In instances where the standard sixty foot (60')
wide easement is not required, provisions for parallel easements for utility
installation and maintenance may be required if deemed necessary by the
Director of Public Works. All reduced width easements shall be designed to
include provisions for emergency vehicle turnarounds.
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.
All roads shall conform to the standards of the Department of Public Works.
Roads shall be designed with appropriate lighting and marked to insure traffic
safety.
Security fences or other means may be employed to insure use of private
roads by appropriate parties.
2.
3.
4.
65
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(See Appendix H for relevant documents used by the Department of Public
Works).
9.40 Required Imerovements
9.401 Roads: Roads in recreational vehicle park divisions shall comply with Section
5, Subsection 5.401 of this ordinance. .
9.402 Off-Site Traffic Imoacts: Recreational vehicle park divisions shall proceed in
compliance with the off-site traffic impacts provisions in Section 5, Subsection
5.402 of this ordinance.
9.403 Bridaes: The design and construction of any bridge in a mobile home park
division shall be in accordance with County standards and shall be approved by the
Director of Public Works prior to approval of the final binding site plan. All bridge
designs shall be certified by a licensed civil engineer.
(See Appendix H for relevant documents used by the Department of Public Works).
9.404 Sians: Road signs shall be installed in accordance with Jefferson County
standards. Road names shall be approved by the Board, pursuant to
recommendation by the Director of Public Works.
Traffic signs and safety devices shall be provided and installed by the applicant in
accordance with the Manual on Uniform Traffic Control Devices.
(See Appendix H for relevant documents used by the Department of Public Works).
9.405 Drainage: Drainage facilities adequate to prevent erosion, flooding or hazard
to the use of the recreational vehicle sites, property, or facilities within the
recreational vehicle park division, 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 Public Works).
9.406 Water SueDly:
1.
Applicants for recreational vehicle park divisions shall provide a water system,
adequate in quantity and quality, in accordance with the
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J.tt.r,on Co~nty, WA ~O~E RESOURCES RESO 598.00
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.
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.
9.407 Sewage Diseosal and Service Buildings: Installation of sewage disposal
systems and service buildings within recreational vehicle park divisions shall be in
compliance with regulations and standards of the Washington State Department
Health, the Washington State Department of Ecology, and the County Health
Department, and shall be approved only after a site inspection by the County Health
Department.
2.
1.
Each recreational vehicle park division shall be provided with sanitary dumping
station(s). Sanitary dumping stations shall not be required if sewer
connections are provided to all recreational vehicle sites.
Service buildings containing the necessary toilet and other plumbing fixtures
shall be provided in recreational vehicle park divisions. Service buildings shall
be located at a maximum of four hundred feet (400') from each recreational
vehicle site.
2.
9.408 Solid Waste: Adequate provisions for the storage, collection, and disposal
of solid waste shall be provided within the recreational vehicle park division.
9.409 Fire Protection:
1 .
A water supply adequate for fire protection in accordance with the Uniform
Fire Code and local fire district recommendations consistent with State law,
is required for all recreational\vehicle park divisions.
An approved fire fighting vehicle and\or other permanent fire fighting devices
or equipment shall be installed within the confines of recreational vehicle park
divisions when required by either the Washington State Department of Natural
Resources, the U.S. Forest Service, the appropriate local fire district, or the
Board.
Fire pits shall be constructed of concrete, rock, brick, cement blocks, or
similar material, and shall be equipped with spark arresting devices.
Fire break trails shall be provided around the periphery of the development.
Additional fire break trails may be required as a result of administrative review.
9.410 Electric Utilities: No new recreational vehicle park division shall be serviced
by overhead utilities, and all electrical utilities associated or incidental to the
development of recreational vehicle facilities shall be
2.
3.
4.
67
8.
9.
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designed, installed and maintained in conformance with the rules, regulations, and
standards of the Washington State Department of Labor and Industries.
9.411 Survevs:
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.
All surveys shall conform to standard practices and principles for land
surveying (See WAC 323-130, as amended).
The Department of Public Works shall be furnished all documents and
calculations necessary to determine the accuracy of surveys.
The surveyor shall provide the Health Department and Planning Department
data indicating the area within the recreational vehicle park division.
Permanent control and road monuments directly related to the recreational
vehicle park division shall be constructed of materials as per Jefferson County
standards.
Road monuments shall be set in such a manner that future road development
or utility installation will not disturb the accuracy of their position.
The outside boundaries of recreational vehicle park divisions shall be surveyed
and marked at the corners with an iron pipe or rebar having surveyor's cap
and license number.
Surveys shall include a section tie which shall be graphically portrayed on the
recreational vehicle binding site plan.
A survey is not necessary until after summary or preliminary recreational
vehicle park binding site plan approval. However, approximate outside
boundaries shall be marked prior to summary or preliminary binding site plan
review.
2.
3.
4.
5.
6.
7.
9.50 Insoections
The inspection procedure for recreational vehicle park divisions shall be the same as
Section 6, Subsection 6.50 of this ordinance.
9.60 Suretv
Procedures for accepting surety by Jefferson County for recreational vehicle park
divisions shall be the same as Section 5, Subsection 5.60 of this ordinance.
68
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SECTION 10
COMMERCIAL\INDUSTRIAL PARK
DIVISIONS
Subsections:
10.10
10.20
10.30
10.40
10.50
10.60
Applicability
Administration
Design
Required Improvements
Inspections
Surety
10.10 Acclicabilitv
This section constitutes a "binding site plan process" for commercial\industrial park
divisions, as permitted by RCW 58.17.035, regardless of the number or size of the
lots, tracts, parcels or sites created.
10.20 Administration
The administrative procedure for review of any commercial\industrial park shall be
the same procedure as described in Section 6, Subsection 6.20 of this ordinance
pertaining to subdivisions consisting of fifteen (15) or more lots. A Hearing
Examiner public hearing and recommendation is required prior to Board of
Commissioners approval of commercial\industrial park divisions.
10.30 Desion
. 10.301 General:
1.
All commercial and industrial parks shall conform 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 including the adoption of required findings, and the
requirements of this ordinance, PROVIDED, in the event of a discrepancy
between the standards established herein and those contained in any
applicable plan, control, or ordinance, the stricter standards shall apply.
The applicant shall demonstrate that the street, lot, and block
2.
69
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pattern proposed is specifically adapted to the users) 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.
10.303 Transit\School Bus StODS: Applications for commercial\industrial 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.
10.304 Sidewalks: Applications for commercial\industrial 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.
10.305 Screenina and Buffering:
Screening and buffering areas shall be established with a minimum width of
twenty-five feet (25') along all exterior property lines.
Screening and buffering areas shall not contain any constructed facilities,
erected or placed, with the exception of utility lines, fencing, or security
posts.
Screening and buffering areas shall be left in their natural state, or, if
necessary, supplemented by plants.
10.306 DDen Soace Land: All commercial\industrial park divisions shall comply
with the open space requirements of Section 5, Subsection 5.305 of this ordinance.
1.
2.
3.
10.307 State Environmental Policy Act Review: All commercial\industrial park
divisions shall comply with the environmental review provisions of Section 6,
Subsection 6.307 of this ordinance.
10.308 Sianificant Natural Features: Steep slopes, geological hazard areas, marsh
0,.. 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 subdîvision 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.
70
11111111111111111111 ~~~~?:~j,
J.".r.on County, WA POPE RESOURCES RESO 69B.ØØ
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 Roads: 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.
1.
2.
Street rights-of-way and pavement shall be adequate to accommodate the
type and volume of traffic anticipated to be generated thereupon.
Streets carrying non-residential traffic shall not be extended to the boundaries
of adjacent existing or potential residential areas.
(See Appendix H for relevant documents used by the Department of Public
Works) .
10.40 ReQuired Imorovements
Required improvements for commercial\industrial park divisions shall be the same as
Section 6, Subsection 6.40 of this ordinance.
10.50 Insoections
The inspection procedure for commercial\industrial park divisions shall be the same
as Section 5, Subsection 5.50 of this ordinance.
10.60 Surety
Procedures for accepting surety by Jefferson County for commercial\industrial park
divisions shall be the same as Section 6, Subsection 6.60 of this ordinance.
71
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J.".rlon County, WA POPE RESOURCES RESO 698.00
SECTION 11
CONDOMINIUM DIVISIONS
Subsections:
11.10
11.20
11.30
11.40
11.50
11.60
Applicability
Administration
Design
Required Improvements
Inspections
Surety
11.10 Aoolicabilitv
This section constitutes a "binding site plan process" for divisions of land into lots
or tracts, as permitted by RCW 58.17.035, and 58.17.040(7), when the
improvements to be constructed thereon will be included in one (1) or more
condominiums or owned by an association or other legal entity in which the owners
of units therein, or their owner's associations, have a membership or other legal or
beneficial interest.
11.20 Administration
1.
The administrative procedure for review of condominium divisions containing
four (4) or fewer dwelling units shall be the same procedure as described in
Section 5, Subsection 5.20 of this ordinance.
The administrative procedure for review of condominium divisions containing
five (5) or more lots or tracts shall be the same procedure as described in
Section 6, Subsection 6.20 of this ordinance.
NOTE: All condominium division final binding site plans shall contain thereon the
following statement: .. All development of the land described herein shall be in
accordance with the binding site plan, as it may be amended. Upon completion, the
improvements on the land shall be included in one (1) or more condominiums owned
by an association or other legal entity in which the owners of units therein, or their
owners' associations, have a membership or other legal or beneficial interest."
2.
72
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J.ff.rlon County, WA POPE RESOURCES REBO 898.00
11.30 Desian
11.301 General:
1.
All condominium divisions shall conform 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 including the adoption of required findings, and the
requirements of this ordinance, PROVIDED, in the event of a discrepancy
between the standards established herein and those contained in any
applicable plan, control, or ordinance, the stricter standards shall apply.
The applicant shall demonstrate that the lots or tracts, street patterns, and
configuration of dwelling units proposed are specifically adapted to the uses
anticipated, and take into account other uses in the vicinity.
2.
11.302 Schools and Schoolgrounds: All condominium divisions shall comply with
the school and schoolground provisions of Section 7, Subsection 7.303 of this
ordinance.
11.303 Transit\School Bus Stoos: Applications for condominium divisions shall be
reviewed to determine whether transit or school bus stops are necessary to promote
the public access to safe and convenient travel.
11.304 Sidewalks: Applications for condominium 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.
11.305 Screenina and Bufferina:
1.
2.
Screening and buffering areas shall be established with a minimum width of
twenty-five feet (25') along all exterior property lines.
Screening and buffering areas shall not contain any constructed facilities,
erected or placed, with the exception of utility lines, fencing, or security
posts.
Screening and buffering areas shall be left in their natural state, or, if
necessary, supplemented by plants.
11.306 ODen Seace Land: All condominium divisions shall comply with the open
space requirements of Section 5, Subsection 5.305 of this ordinance, PROVIDED
that the minimum area for open space shall be twenty-five percent (25 %) of the
total gross area of the condominium division consistent with the Open Space
Standards in Appendix G of this ordinance.
11.307 State Environmental Policy Act Review: All condominium divisions shall
comply with the environmental review provisions of Section 6, Subsection 6.307 of
this ordinance.
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11.308 Sianificant Natural 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 otherwise categorically
exempt from SEPA and do not contain lands designated as environmentally
sensitive.
11.309 Roads:
1.
Condominium divisions consisting of four (4) or fewer dwelling units shall
comply with the road design requirements described in Section 5, Subsection
5.307 of this ordinance.
Condominium divisions consisting of five (5) or more dwelling units shall
comply with the road design requirements described in Section 6, Subsection
6.308 of this ordinance.
2.
(See Appendix H for relevant documents used by the Department of Public
Works) .
11.40 Required Imorovements
11.401 Roads: Roads in condominium divisions shall comply with Section 5.
Subsection 5.401 of this ordinance.
11.402 Off-Site Traffic ImDacts: Condominium divisions shall proceed in
compliance with the off-site traffic impacts provisions of Section 5, Subsection
5.402 of this ordinance.
11.403 Bridaes: The design and construction of any bridge in a condominium
division shall be in accordance with County standards and shall be approved by the
Director of Public Works prior to approval of the final binding site plan. All bridge
designs shall be certified by a licensed civil engineer.
(See Appendix H for relevant documents used by the Department of Public Works).
11.404 Sians: Road signs shall be installed in accordance with Jefferson County
standards. Road names shall be approved by the Board, pursuant to
recommendation by the Director of Public Works.
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Traffic signs and safety devices shall be provided and installed by the applicant in
accordance with the Manual on Uniform Traffic Control Devices.
(See Appendix H for relevant documents used by the Department of Public Works).
11.405 Drainaqe: 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 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 Public Works).
11.406 Water SuDolv: Each dwelling site within a condominium division shall be
provided with a water supply in accordance with all applicable State statutes, the
rules and regulations of the Washington State Department of Health, the Jefferson
County Health Department, and the Coordinated Water System Plan provisions
regarding quantity, quality, source, source protection, distribution and storage
methods and facilities, and treatment and testing procedures.
11.407 Sewage Disoosal: Installation of sewage disposal systems within
condominium divisions shall be in compliance with regulations and standards of the
Washington State Department of Health, the Washington State Department of
Ecology, and the County Health Department, and shall be approved only after a site
inspection by the County Health Department. .
11.408 Fire Protection: Applicants for condominium divisions shall provide
adequate fire protection in accordance with the Uniform Fire Code and local fire
district recommendations consistent with State law.
11.409 Electric and Teleohone Service:
1.
Complete installation of electric and telephone service is required in
condominium divisions.
No new condominium division shall be serviced by overhead utility facilities.
2.
. 11.410 Surveys:
1.
The survey and preparation of every condominium division binding site plan
shall be made by or under the supervision of a licensed land surveyor
registered by the State of Washington.
All surveys shall conform to standard practices and principles for land
surveying (See WAC 323-130, as amended).
The Department of Public Works shall be furnished all documents and
calculations necessary to determine the accuracy of surveys.
2.
3.
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4.
5.
The surveyor shall provide the Health Department and Planning Department
data indicating the area within the condominium division.
Permanent control and road monuments directly related to the condominium
division shall be constructed of materials as per Jefferson County standards.
Road monuments shall be set in such a manner that future road development
or utility installation will not disturb the accuracy of their position.
The outside boundaries of condominium divisions shall be surveyed and
marked at the corners with an iron pipe or rebar having surveyor's cap and
license number.
Surveys shall include a section tie which shall be graphically portrayed on the
condominium division binding site plan.
A survey is not necessary until after summary or preliminary condominium
division binding site plan approval. However, approximate outside boundary
corners shall be marked prior to summary or preliminary binding site plan
review.
6.
7.
11.50 Inscections
The inspection procedure for condominium divisions shall be the same as Section 6,
Subsection 6.50 of this ordinance.
11 .60 Surety
Procedures for accepting surety by Jefferson County for condominium divisions shall
be the same as Section 5, Subsection 5.60 of this ordinance.
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SECTION 12
VARIANCES
Subsections:
12.10 Application
12.20 Notice of Hearing
12.30 Findings
12.40 Conditions
12.50 Administrative Variances
12.10 Acclication
Variances from the foregoing regulations may be permitted under certain
circumstances PROVIDED, a variance request is submitted in writing, together with
the original long, short, or large lot subdivision, mobile home park,
commercial\industrial park, recreational vehicle park, or condominium division
application.
1.
12.20 Notice of Hearina
The Hearing Examiner shall conduct a public hearing on all variance requests,
other than administrative variances.
The decision of the Hearing Examiner shall be final and conclusive unless
appealed to the Board as provided in the Jefferson County Hearing Examiner
Ordinance, No. 1-0318-91.
2.
Notice of public hearings shall comply with the notice requirements of RCW
58.17.090.
12.30 Findings
A variance may be granted only if it meets all of the following conditions:
1.
The variance does not constitute a grant of special privilege inconsistent
with the limitations upon other, similarly situated property in the
County; and
2.
Because of special circumstances applicable to the property, including
size, shape, drainage, topography, location and
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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
The variance is justified to cure a special circumstance and not simply
for the economic convenience of the applicant; and
4.
5.
The granting of the variance will not materially compromise the goals
and policies of the Jefferson County Comprehensive Plan, be
inconsistent with officially adopted County land use regulations or the
spirit or intent of this ordinance. .
12.40 Conditions
In granting approval for variances, the Hearing Examiner may require conditions that
will, in the Examiner's judgement, secure substantially the objectives of the
standards or requirements so varied.
12.50 AdminÎstrative Variances
Variances from the administrative procedures portions of this ordinance may be
granted by the Board, upon recommendation of the Planning Department, when the
Board is assured the variance is in keeping with the general intent of this ordinance,
and the public health, safety and welfare would not be adversely affected thereby.
In granting administrative variances the Board may require their own conditions,
which in their judgement will secure substantially the administrative procedures or
requirements so varied.
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SECTION 13
VACATIONS
Subsections:
13.10
13.20
13.30
1 3.40
13.50
Applicability
Application
Public Hearing Process
Dedications
Vesting of Title
13.10 Aoolicabilitv
The following subsections pertain to the removal of any element graphically
portrayed on a final plat map, or binding site plan, including, but not limited to:
lot(s), blocks, tracts or any public dedication other than roads, pursuant to RCW
58.17.212; PROVIDED that for the purposes of this ordinance: vacation
applications involving the removal of any element, other than oublic dedications,
graphically portrayed on a final plat or binding site plan consisting of four (4) or
fewer lots, shall be processed administratively using the same procedure described
in Section 5, Subsection 5.20 of this ordinance.
NOTE: For the purposes of this section, the words "plat" or "subdivision" shall
include developments accomplished through the binding site plan process.
13.20 Aoolication
13.201 Generallv: Persons wishing to vacate either the entirety or a portion of a
plat shall apply to the Planning Department as follows:
. 1.
2.
Submit an application setting forth the reasons for vacation, and containing
signatures of all parties with an ownership interest in that portion of the
subdivision subject to vacation.
If the subdivision is subject to restrictive covenants, which were filed
simultaneously with the final subdivision approval, and the vacation applied for
would result in the violation of the covenant or covenants, the application
shall contain an agreement signed by all parties subject to the covenants
stating that the parties agree to alter or terminate the relevant covenant or
covenants in order to accomplish the purpose of the subdivision vacation.
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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 Planning Department.
A written statement citing the information requirements upon which nonacceptance
is based shall be supplied by the Planning Department when so requested by the
applicant.
The acceptability of an application shall be certified by the Planning Department
within fourteen (14) days of filing. When the Planning Department has determined
that the application contains sufficient information to provide an adequate basis for
review, a notice containing the following statement shall be affixed to the
application: .
AS OF (OA TE) ,THE APPLICATION IS FOUND TO BE
SUBSTANTIALLY COMPLETE.
Affixation of this notice shall provide presumptive evidence of a completed
application, and the time period for review and approval shall commence.
When a plat proposed to be vacated is adjacent to or within one (1) mile of a
municipal boundary, or currently uses any city or town utilities, before review
commences by the Planning Department or the Hearing Examiner, notice of the
application shall be given by the Planning Department to the legislative body of that
city or town. Proposed plat vacations located adjacent to the right-of-way of a State
highway shall be presented to the District Administrator of the Washington State
Department of Transportation for review and recommendation regarding such matters
as deemed appropriate. The Planning Department shall forward copies of proposed
plat vacations to appropriate fire districts, school districts, public utility districts,
transit authorities, and any other relevant government agencies when deemed
necessary.
13.202 Fees: Plat vacation applications shall be accompanied by fees as set by the
Board, payable to the Jefferson County Planning Department. NOTE: Fees will not
be processed by the Planning Department until the vacation application is deemed
complete.
13.203 Timetable: Upon receipt of a proper and complete vacation application, and
upon payment of fees, the Planning Department shall advise the applicant of the
time and place of the public hearing at which the application is scheduled to be
considered by the Hearing Examiner.
In any event, final action shall be taken on a vacation application within ninety (90)
days of the date of the filing of a completed application unless the applicant
consents to an extension of the time period.
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13.30 Public Hearing Process
13.301 Notice of Hearina: 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 nonlegal language;
and (d) a statement of the specific purpose of the hearing.
The Planning Department shall provide the applicant with at least five (5)
copies of a notice of the public hearing, and one (1) copy of the affidavit of
posting. The applicant shall post notices and shall maintain them in place for
at least ten (10) days prior to the public hearing, not including the day of
posting or the day of hearing. The notices shall be placed in conspicuous
locations on or near the property and shall be removed by the applicant after
the hearing. The notices shall be mounted on easily visible boards not smaller
than two feet (2') by three feet (3'). All notices and notice boards shall meet
Planning Department requirements. The affidavit of posting shall be signed,
notarized, and returned to the Planning Department at least one (1) week
before the hearing.
The Planning Department shall arrange for at least one (1) publication of the
notice to appear in a newspaper of general circulation within the County at
least ten (10) days before the hearing. Payment of all application fees shall
be the responsibility of the applicant.
The Planning Department shall send a notice of the hearing by mail to all
adjacent property owners in the area proposed for vacation in accordance with
the current records of the Jefferson County Assessor.
The Planning Department shall give additional notice in accordance with RCW
58.17.
2.
3.
4.
5.
NOTE: Nothing in this subsection shall prohibit the Planning Department from
providing additional notice to individuals not meeting the definition of an adjacent
property owner, as that term is defined in Section 2, Subsection 2.50.1 of this
ordinance.
13.302 Health. Public Works. and Plannina Decartment Recommendations: At least
. seven (7) days prior to the public hearing the County Health Department, Planning
Department, Department of Public Works, and County Assessor's Office shall submit
their written recommendations and findings to the Hearing Examiner in care of the
Planning Department with all pertinent information available.
13.303 Public Hearinq: All hearings shall be conducted by the Hearing Examiner,
and shall be open to the public. The Hearing Examiner shall review the
recommendations of the County Health Department, Planning Department, and
Department of Public Works, and other relevant agencies, and shall present and
review all other pertinent information in the
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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 Decisions: Within ten (10) 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 conclusive unless
appealed to the Board as provided in the Jefferson County Hearing Examiner
Ordinance, No. 1-0318-91.
The Hearing Examiner's approval of the vacation application shall constitute
final approval; the fee for filing the vacated plat or portion thereof for record
shall be paid by the applicant and deposited with the County Auditor and the
vacation simultaneously recorded, together with restrictions, covenants and
similar documents.
2.
13.40 Dedications
Any portion of land within the subdivision dedicated to the public for use or
enjoyment, if not previously deeded to the County when the subdivision was platted,
shall be deeded to the County at the time the vacation is granted unless the Hearing
Examiner finds that the public use would not be served by retaining title to the land.
13.50 Vesting of Title
Title to any portion of land within the subdivision which is vacated shall vest with
the rightful owners as shown on County records as follows:
If the vacated land within the subdivision was dedicated to the public for public use,
other than a road or street, and the Hearing Examiner has found that retaining title
to the land is no longer in the public interest, title thereto shall vest with the person
or persons owning property on each side thereof, as determined by the Hearing
Examiner.
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SECTION 14
ALTERATIONS
Subsections:
14.10 Applicability
14.20 Application
14.30 Public Hearing Process
14.40 Board of County Commissioners Action
14.10 ADDlicabilitv
The following subsections pertain to the reconfiguration of any element graphically
portrayed on a final plat map or binding site plan, including, but not limited to:
lot(s), blocks, tracts or any public dedication other than roads, pursuant to RCW
58.17.215; PROVIDED that for the purposes of this ordinance: alteration
applications involving the reconfiguration of any element, other than Dublic
dedications, graphically portrayed on a final plat or binding site plan consisting of
four (4) or fewer lots, shall be processed administratively using the same procedure
delineated in Section 5, Subsection 5.20 of this ordinance.
NOTE: For the purposes of this section, the words "plat" or "subdivision" shall
include developments accomplished through the binding site plan process.
14.20 ADDlication
14.201 Generally: Persons wishing to alter either the entirety or a portion of a
subdivision shall apply to the Planning Department as follows:
1.
Submit an application requesting the subdivision alteration, Which contains the
signatures of all of those persons having an ownership interest in that portion
of the subdivision subject to alteration.
If the subdivision is subject to restrictive covenants, which were filed
simultaneously with the final subdivision approval, and the alteration applied
for would result in the violation of the covenant or covenants, the application
shall contain an agreement signed by all parties subject to the covenants
stating that the parties agree to alter or terminate the relevant covenant or
covenants in order to accomplish the purpose of the subdivision alteration.
2.
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Upon receipt, the Planning Department shall affix a notice to the application
containing the following statement:
APPLICATION RECEIVED (DA TEl. 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 Planning Department.
A written statement citing the information requirements upon which nonacceptance
is based shall be supplied by the Planning Department when so requested by the
applicant.
The acceptability of an application shall be certified by the Planning Department
within fourteen (14) days of filing. When the Planning Department has determined
that the application contains sufficient information to provide an adequate basis for
review, a notice containing the following statement shall be affixed to the
application:
AS OF (DATE) ,THE APPLICATION IS FOUND TO BE
SUBST ANT/ALL Y COMPLETE.
Affixation of this notice shall provide presumptive evidence of a completed
application, and the time period for review and approval shall commence.
When a plat proposed to be altered is adjacent to or within one (1) mile of a
municipal boundary, or currently uses any city or town utilities, before review
commences by the Planning Department or the Hearing Examiner, notice of the
application shall be given by the Planning Department to the legislative body of that
city or town. Proposed plat alterations located adjacent to the right-of-way of a
State highway shall be presented to the District Administrator of the Washington
State Department of Transportation for review and recommendation regarding such
matters as deemed appropriate. The Planning Department shall forward copies of
proposed plat alterations to appropriate fire districts, school districts, public utility
districts, transit authorities, and any other relevant government agencies when
deemed necessary.
14.202 Fees: Plat alteration applications shall be accompanied by fees as set by
the Board, payable to the Jefferson County Planning Department. NOTE: Fees will
not be processed by the Planning Department until the alteration application is
deemed complete.
14.203 Timetable: Upon receipt of a proper and complete alteration application,
and upon payment of fees, the Planning Department shall provide notice of the
application to all owners of property within the subdivision. The notice shall either:
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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, 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; or
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 alteration application within
ninety (90) days of the date of the original application filing unless the applicant
consents to an extension of the time period.
1.
2.
14.30 Public Hearina Process
14.301 Notice of Alteration Acclication:
application shall be given as follows:
Notice of a subdivision alteration
1.
The Planning Department shall send notices to all owners of property within
the subdivision advising them of the pending plat alteration application.
Names and addresses of owners of property within the subdivision shall be
provided to the Planning Department by the applicant, subject to Planning
Department approval.
All alteration application 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
nonlegal language; and (d) a statement of the specific purpose of the
application; (e) a statement clearly indicating that, if no public hearing date
has been set, that any person receiving notice may request a public hearing
within fourteen (14) days of receipt of notice.
The Planning Department shall provide the applicant with at least five (5)
copies of a notice of the subdivision alteration application and one (1) copy
of the affidavit of posting. If a public hearing is requested by one of the
parties receiving notice, the applicant shall post notices and shall maintain
them in place for at least ten (10) days prior to the public hearing, not
including the day of posting or the day of hearing. The notices shall be placed
in conspicuous locations on or near the property and shall be removed by the
applicant after the hearing. The notices shall be mounted on easily visible
boards not smaller than two feet (2') by three feet (3'). All notices and notice
boards shall meet Planning Department requirements. The affidavit of posting
shall be signed, notarized, and returned to the Planning Department at least
one (1) week before the hearing.
When a public hearing is requested, the Planning Department shall arrange for
at least one (1) publication of the notice to appear in a
2.
3.
4.
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5.
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.
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.
The Planning Department shall give additional notice in accordance with RCW
58.17.
6.
NOTE: Nothing in this subsection shall prohibit the Planning Department from
providing additional notice to individuals not meeting the definition of an adjacent
property owner, as that term is defined in Section 2, Subsection 2.50.1 of this
ordinance.
14.302 Health., Public Works. and Plannina Deoartment Recommendations: When
the Planning Department determines that a Hearing Examiner recommendation is
necessary, or when a person receiving notice requests a public hearing, the County
Health Department, Planning Department, Department of Public Works, and County
Assessor's Office shall submit their written recommendations and findings to the
Hearing Examiner in care of the Planning Department with all pertinent information
available, at least seven (7) days prior to the public hearing. In instances where no
public hearing is requested by a person receiving notice, the County Health
Department, Planning Department, and the Department of Public Works shall submit
their written recommendations and findings directly to the Board, in care of the
Planning Department.
14.303 Public Hearing: All hearings shall be conducted by the Hearing Examiner,
and shall be open to the public. The Hearing Examiner shall review the
recommendations of the County Health Department, Planning Department, the
Department of Public Works, and other relevant agencies, and shall present and
review all other pertinent information in the 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 tor
public inspection.
14.304 Hearing Examiner Recommendations: Within fourteen (10) days of the
public hearing, and after determining the public use and interest to be served by the
alteration application, the Hearing Examiner shall submit written recommendations
and findings to the Board together with all pertinent information available.
1.
14.40 Board of County Commissioners Action
Upon receipt of the recommendation and information on any plat alteration
application, the Board, at its next public meeting, shall set
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2.
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 thereafter approve or deny
the vacation application. Such public hearing may be held before a committee
constituting a majority of the Board. If the hearing is before a committee, the
committee shall report its recommendation on the matter to the full Board for
final action.
The Clerk of the Board shall keep records of the public meetings and public
hearings set and held by the Board which shall be made available for public
inspection.
The Board's approval of the plat alteration application shall constitute final
legislative approval; upon approval, the Board shall order the applicant to
produce a revised drawing of the final long or short plat for signature. The fee
for filing the altered plat for record shall be deposited with the County Auditor
and the alteration simultaneously recorded, together with restrictions,
covenants and similar documents.
3.
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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
15.101: No land comprising any part of a proposed long subdivision, short
subdivision, large lot subdivision, commercial\industrial park division, mobile home
park division, recreational vehicle park division, or condominium division to be
established in the unincorporated area of Jefferson County shall be sold or leased
until such long subdivision, short subdivision, large lot subdivision,
commercial\industrial park division, mobile home park division, recreational vehicle
park division, or condominium division has been approved as provided in this
ordinance. Any person being the owner, or agent of the owner, of such land, who
shall sell or lease any lot, tract, parcel, site, dwelling unit or portion thereof shall be
guilty of a gross misdemeanor. Each sale or lease shall be a separate and distinct
offense for each separate lot or portion of said land.
15.102: Whenever land within a long subdivision, short subdivision, large lot
subdivision, commercial\industrìal park division, mobile home park division,
recreational vehicle park division, or condominium division granted final approval is
used in a manner or for a purpose which violates any provision of RCW 58.17 as
amended, or this ordinance, or any term or condition of approval prescribed by the
Board, then the Prosecuting Attorney may commence an action to restrain and enjoin
such use and compel compliance with the provisions of RCW 58.17, or this
ordinance, or with such terms and conditions. The costs of such action may be
taxed against the violator.
15.103: The County Auditor shall refuse to accept any long plat, short plat, large
lot plat, commercial\industrial park division binding site plan, mobile home park
binding site plan, recreational vehicle park binding site plan, or condominium division
binding site plan for filing until approval for the plat or binding site plan has been
given in compliance with this ordinance.
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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.
15.20 Remedies
The Prosecuting Attorney shall have access to all remedies provided in 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 ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such section,
subsection, or portion shall be deemed a separate portion of this ordinance and the
holding shall not affect the validity of the remaining portions of this ordinance.
15.40 Reoealer
These regulations repeal and replace the entirety of the Jefferson County Subdivision
Ordinance (Ordinance 1-75), and the Interim Provisions of the Jefferson County
Subdivision Ordinance adopted pursuant to Resolution 51-90, and 62-90.
1 5.50 Effective Date
This ordinance shall become effective on the 1 st day of J\me, 1992.
Vi¿f¿l
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15.60 AdoDtion
Adopted by the Jefferson County Board of Commissioners this 26th day of May,
1992.
BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON
,~ ?;~an
APPROVED AS TO FORM: ~ 'L '--
Mark Huth, Jefferson County
Prosecuting Attorney
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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, mortgages, liens, and
other encumbrances should be attached to the short subdivision application form.
A copy of any proposed restrictions and covenants should be attached to the short
subdivision application form.
A copy of a basic site plan on an 8 1/2" by 11" paper containing the following shall
be attached to the short subdivision application form:
Layout and dimensions of existing and proposed lot lines, property boundaries,
roads easements, etc.;
Location outstanding natural features (creeks, shorelines, tree lines, etc.);
Location of outstanding cultural features (wells, buildings, fences, etc.);
A vicinity sketch.
A copy of the environmental checklist, if required following preapplication
consultation, shall be completed (pursuant to RCW 43.21 C, the Washington State
Environmental Policy Act).
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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 and contain an
accurate map of the subdivided land. That map shall include:
A vicinity sketch of the area where the short subdivision is
located.
A legal description of the land contained within the short
subdivision.
An engineering scale and north point 'arrow.
The final short plat shall contain the appropriate certifications,
notifications, and any supplemental information.
Each sheet shall be an 18" by 24" mylar or similar reproducible material.
All lettering and drawing shall be in a permanent black ink, including any
signatures, which shall be originals. A marginal line shall be drawn
completely around each sheet, leaving an entirely blank margin of 2" on
the left and 1/2" on the remaining sides. Each sheet shall contain the
following information:
The name of the short subdivision.
The section, township and range of the short subdivision.
The number of the sheet and the total number of sheets in the
set.
The short subdivision number assigned by the County.
MAP
The final short plat shall graphically portray a map of the short subdivided land and
shall include:
All section, township, municipal, and county lines lying within or
adjacent to the subdivision.
The location of all monuments or other evidence used as ties to
establish the short subdivision's boundaries. ,
The location of all permanent control monuments found and established
at the controlling corners of the parcel being divided and within the
short subdivision.
The boundary of the short subdivision with complete bearings and lineal
dimensions, depicted with heavier lines than appear elsewhere on the
short plat.
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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 acreage.
The location of legal access from the nearest public road to the entire
tract being divided.
NOTIFICATIONS
The final short plat shall contain, when applicable, the following statements an any
other statements as required by summary approval under the title stated and in
numerical order:
Notice to Potential Purchasers
Wells shall not be located closer than 100' to any sewage
disposal system or any area approved for a future sewage
disposal system, including reserve drainfield areas.
A sewage disposal permit has been issued for each lot under
permit numbers (identify permit number for each lot). the system
must be installed consistent with the provisions of this permit.
The permit is valid for one (1) year from (identify date of permit
issuance). A yearly renewal is permitted for a maximum of two
(2) years. Upon expiration of the sewage disposal permit
approval of the lot for sewage disposal purposes is not
guaranteed and is subject to further approval of a renewed
sewage disposal application. (Contact the Jefferson County
Health Department).
A potable water source is not supplied to (identify lot numbers).
Access onto (identify the County or State road number) as per
permit (identify permit number).
Lots created herein shall not be further divided in any manner
within a period of five (5) years without the filing of a final long
plat, EXCEPT, that when the short plat contains fewer than four
(4) parcels, nothing shall prevent the owner who filed the short
plat from filing an alteration within the five (5) year period to
create up to a total of four (4) lots within the original short plat
boundaries.
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.
iîi
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Jeffer.on County, WA POPE RESOURCES RESO 598.00
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 those having interest
in the property, that the creation of the short subdivision is by their free
will and consent.
A certification by a licensed land surveyor, registered by the State of
Washington, stating that the short plat is based upon an actual survey
and the courses and distances and all required stakes and monuments
are placed on the ground.
A certification by the Health, Public Works, and Planning Departments
that the short plat is in compliance with all conditions of summary
approval.
A certification of approval by the Board of County Commissioners.
A certification of the clerk of the Board of County Commissioners.
A certification of filing by the County Auditor.
A certification by the County Treasurer that all property taxes to date
have been paid. The certification shall be written as follows:
I, , Treasurer of Jefferson County,
Washington, hereby certify that all taxes due and or deposits
required to cover anticipated taxes on the property embraced in
this plat have been paid, up to and including the year -'
Jefferson County Treasurer
SUPPLEMENTAL
The final short plat shall state, when applicable, the following under the titles
indicated:
(Easements) (Covenants) (Restrictions)
iv
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Jefferlan County, WR POPE RESOURCES RESO S9B.Ø0
(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 shall be shown on
the face of the plat:
Know all persons by these present that the undersigned owners
in interest of the land herein described declare this short plat to
be created by free will and consent and dedicated to the use of
the public forever all streets and roads shown heron and the use
thereof for any and all public purposes not inconsistent with
public highway purposes.
Declaration of (Covenants) (Restrictions)
(State any covenants or restrictions).
SUBMISSION
The final short plat shall be submitted as follows:
In addition to the reproducible original, four (4) paper copies shall be
submitted, together with any accompanying data and documents,
including computer printout of lot closures.
A $53.00 recording fee, payable to the Jefferson County Auditor, shall
accompany the plat.
A plat certificate from a title company shall accompany the plat.
v
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J.rr.rlon County, WA POPE RESOURCES RESO 598.00
APPEN DIX 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 depicted in an area
approximately 3" by 3", drawn in a corner of the preliminary long plat and indicate
the location of the proposed development to the nearest geographical feature(s): i.e.
community, water body, major road, mountain, valley, etc.
PRELIMINARY PLAT MAP: Submitted with this application are eight (8) copies of
the full size plat map including a reduced copy (8 1/2", 8 1/2" by 14", or 11" by
17") of the preliminary plat and other required material containing the following data:
Vicinity map
- North arrow & scale
- Subdivision name
- Name, address and
- phone number of official
subdivision representative
Developer's name & address
- Names & addresses of
- adjacent property owners
General location &
- description
- Topography with a contour
interval of five (5) feet
Approximate lot dimensions
- and numbers
- Total acreage and lots
per gross acre
- Number of lots including
.maximum, average, and
minimum lot sizes
Location of fire hydrants
-including fire & school
district identification
Greenbelt or open space,
including location & size
- Acreage allocated to parks,
open space, greenbelts, or
common area, and percentage of
total acreage
Method of solid waste disposal
= Designated trails of the
Jefferson County Park,
Recreation and Open Space Plan
within vicinity of proposed
subdivision
Jefferson County Comprehensive
Plan optimum land use map
designation
vi
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J.".rlan County, WA POPE RESOURCES RESO 598.00'
- 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
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 appropriate)
Encumbrances (easements,
- encroachments, etc.)
Written recommendations from
-Washington State Department of
Transportation when a proposed
long subdivision is located
adjacent to the right-of-way
of state highways
Written approval from the
-Washington State Department of
Ecology when any part of a
proposed long subdivision is
located within a flood control
zone
Subdivision fees of $350.00
- plus $5.00 per lot
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J.ff.rlon County, WA ~O~E RESOURCES RESO 898.00
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 and must include
original signatures. A marginal line shall be drawn completely around each sheet,
leaving an open margin of 2" on the left with 1/2" on the remaining sides.
FINAL LONG PLAT MAP: Submitted with this application are five (5) paper copies
including the final long plat map reproducible original and
other required material consisting of the following:
Vicinity sketch of the area
- the subdivision is located
Legal description of the
-land contained within the
subdivision
- Engineering scale and north
arrow
Name of subdivision and
- sequential numbering of
subdivisions filed by
division
Section, township, and range
- of subdivision including
municipal or county line
within or adjacent to the
subdivision
Sheet numbering and total
- number of sheets in the set
Location of all
- monuments/other evidence
. used as ties to establish
subdivision boundary
Location of all control
- monuments found and
established at controlling
corners of the parcel being
subdivided and within the
subdivision
Boundary of the subdivision
- with complete bearings and
lineal dimensions: depicted
with heavier lines
Length and bearings of all
- straight lines, including
the radii, arcs and semi
-tangents of all curves
Length of each lot line
-including bearings and other
data necessary for the
location of any lot line in
the field
Location, width, center
-line, and name of all roads
within and adjoining the
subdivision
viii
Location and width of all
- easements, shown with lines,
and a description of the
easement purpose
Private roads shall be
-labeled
Numbers assigned to all lots
- and blocks within the
subdivision
- Names of adjacent
subdivisions
Signed, acknowledged
- certification by fee simple
owners and others with an
interest in the property
that creation of subdivision
is by their free will and
consent
- For plats containing a
dedication, certification
shall provide wording for
dedication, of streets and
lor other areas shown on the
plat to the public or some
other party
For public dedications the
- certification shall contain
a waiver by the owners and
their assigns of all claims
for damages which may occur
to adjacent properties by
the construction, drainage,
and maintenance of said road
or area
When required, the
- certification shall contain
a waiver of the right of
direct access to any street
from any property
11111111111 m 111111 ::4~~~:~::'
J.rr.rlon County, WA POPE RESOURCES RESO 598.00
Certification by licensed
-land surveyor, registered by
the State of Washington
stating the long plat is
based upon an actual survey
and the courses and
distances and all required
stakes and monuments are
placed in the ground
Certification areas for the
- Health, Public Works and
Planning Departments stating
that the long plat is in
compliance with all long
subdivision requirements of
the Jefferson County
Subdivision Ordinance and all
conditions for final plat
approvals
Certification by County
-Treasurer that all property
taxes have been paid
Certification of approval by
- the Board of County
Commissioners
Certification of filing by the
- County Auditor
Notifications: when
- applicable as pertaining to
on-site sewage disposal,
utility districts, unstable
slopes, or other conditions of
final plat approval. Each
numbered accordingly and
worded per the subdivision
ordinance and/or conditions
Plat identification as
easement, covenant, or
restriction for type filed
under Auditor's record
(number, volume & page)
ix
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Jefferlon County, WR POPE RE60URCES RE60 68B,;;
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 inspection appear to be
insufficiently prepared to provide a basis for adequate review will be returned to the
applicant. .
ACKNOWLEDGMENT
I hereby declare, to the best of by knowledge and belief, the foregoing information
and all attached information is true and correct.
(applicant or authorized representative
(date I
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APPENDIX E
LARGE LOT SUBDIVISION
PRIVATE ROADWAY DESIGN STANDARDS
XI
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J.rr.reon County, WR POPE RESOURCES RESO SiB.00
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
1.00 AcDlicabilitv
This appendix pertains to every short subdivision, long subdivision, large lot division,
mobile home park division, recreational vehicle park division, commercial\industrial
park division, and condominium division of contiguous land regulated by this
ordinance, unless: the smallest parcel created is greater than twenty (20) acres
(excluding condominium divisions); or, the division of land will result in an average
density no..greater than one (1) dwelling unit per twenty (20) acres.
2.00 Purooses
The purposes of this appendix are:
1.
To insure the general health, safety and welfare of the citizens of
Jefferson County when considering the approval of new subdivisions,
large lot divisions, mobile home park divisions, recreational vehicle park
divisions, commercial\industrial park divisions, and condominium
divisions.
To establish a means to set aside areas of land to meet the open space
needs created by new short and long subdivisions, large lot divisions,
mobile home park divisions, recreational vehicle park divisions,
commercial\industrial park divisions, and condominium divisions.
To equitably distribute the cost of providing open space.
To mitigate any adverse impacts on neighborhoods without adequate
open space when approving new short subdivisions, long subdivisions,
large lot divisions, mobile home park divisions, recreational vehicle park
divisions, commercial\industrial park divisions, and condominium
divisions.
2.
3.
4.
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J.rr.rIO" COU"tv, WR POPE RESOURCES RESO SiB.ØØ
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,
commercial\industrial park division, or condominium division.
To implement the goals and policies regarding open space in the
Jefferson County Parks Plan and the Jefferson County Comprehensive
Plan which specify that standards should be developed for open space
preservation in all new developments, and that such land should have
value for a variety of uses including parks, recreation, and conservation
of natural resources.
6.
3.00 Exemotions
Redivision of lots created under the standards of this appendix are exempt from any
further dedications of open space provided that future lots have access, as required
by Subsections 5.305, 6.306, 7.305, 8.306, 9.304, 10.306 and 11.305 of this
ordinance to the open space areas dedicated in the original plat or binding site plan.
1.
4.00 Standards and Criteria for Dedication
An area greater than or equal to ten percent (10%) of the gross land
area to be divided shall be dedicated as open space land; PROVIDED,
that at least twenty-five percent (25 %) of the gross land area within
condominium divisions and recreational vehicle park divisions shall be
dedicated as open space land. This appendix does not require the
installation of recreational facilities. Land proposed for dedication must
meet the following additional criteria:
a.
Location:
i.
The area proposed for dedication may be inside or outside
the subject development, but if outside said development,
must 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
ii.
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J8"8rIO" COU"tv, WR POPE RESOURCES RESO 618.00
b.
and conform to other criteria in this appendix.
Access:
i.
C.'
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 roads, trees, or other
landscaping may separate the area proposed for dedication,
however, access should not be blocked by major obstacles
such as arterials, collectors, canyons, or ravines. Access
to certain dedicated areas may be restricted or denied due
to environmental sensitivity.
Areas dedicated for active recreational open space shall
have access from street frontages, Access may include
walkways, pathways or motor vehicle access.
Types of Open Space:
ii.
i.
Lands dedicated for open space should serve one (1) or
more of the following functions: (a) to meet the passive
and active recreational needs of the residents of the
development, or the public if so dedicated; (b) as a
perimeter buffer to separate conflicting land uses; (c) to
protect environmentally sensitive areas, or as a buffer to
screen and protect environmentally sensitive areas; (d) to
serve as wildlife connective corridors; (e) to serve as
locations for schools or community sites and facilities. (See
the Jefferson County Parks Comprehensive Plan, Resolution
87-90, for more detailed information regarding open space
land),
Except as provided in Subsection 4.1 (c)iii of this appendix,
thirty percent (30%) of the dedicated open space area shall
be suitable for active recreation. The topography, soils,
hydrology, and other physical characteristics of the area
proposed for active recreation shall be of such quality as
to provide a dry obstacle-free space in a configuration
which is suitable for active recreation.
The Board may decrease the size of active recreation areas
to as low as zero percent (0%) of the dedicated open space
area if it determines that: (a) inclusion of perimeter buffers,
environmentally sensitive areas or wildlife connective
corridors 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
ii.
iii.
XIV
1.
2.
3.
4.
11111111111111111111 ~.~~?~~u,
J.ff.rlon County. WA POPE RESOURCES RESO BiB.00
2.
condominium division; or (b) meeting the standard would
require detrimental grading or other disturbance of the
natural setting.
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.
The Board may decrease the size of undisturbed natural
areas to as low as zero percent (0%) of the dedicated open
space area if it determines that meeting the standard is a
practical impossibility because no undisturbed natural areas
exist within the boundaries of the proposed development.
Proposed open space dedications which do not meet the size or other
criteria of this appendix may be considered under Section 7.00 of this
appendix.
iv.
v.
5.00 Imolementation
The area proposed for open space shall be dedicated to the residents
of the development, the public, or to a nonprofit nature conservancy
corporation meeting the requirements of ACW 64.04.130, as amended.
If the area proposed for open space is to be dedicated to the residents
of the development, maintenance and operation of the open space shall
be the responsibility of the lot owners, or lot owners' association.
If the area proposed for open space is to be dedicated to a nonprofit
nature conservancy corporation, maintenance and operation of the open
space shall be the responsibility of said corporation.
The County, as a condition of approval, may choose to accept a public
dedication, and the attendant maintenance and operation responsibilities,
when the area to be dedicated is either one (1) or a combination of the
following:
a.
b.
Greater than five (5) acres.
Adjacent to an established or future County park or school
grounds. NOTE: the County is under no circumstance
responsible for the maintenance and operation of schools or
school grounds.
Is an access to a body of water greater than three (3) acres in
size.
Is an environmentally sensitive area, or would screen and protect
an environmentally sensitive area.
Would serve as a wildlife connective corridor.
If the County feels it is in the public interest to accept the
dedication.
c.
d.
e.
f.
xv
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J.".rIO" COU"tv, WA POPE RESOURCES øelø412ØØØ 11:4ØA
RESO Sge. øø
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.
6.00 Imorovements
Improvements to the area proposed for use as active open space may be required
prior to final approval of a plat, certification checklist, or binding site plan, in order
to ensure a safe, clean site. However, minimal alteration of the natural setting is
encouraged. All improvements required as a condition of approval shall be shown
on the face of the final plat or final binding site plan.
Improvements to areas proposed for dedication as passive open space are not
required prior to final approval of a plat, certification checklist, or binding site plan.
7.00 EQuivalent Facilities
When areas proposed for dedication do not meet the criteria for dedication in Section
4.00 of this appendix, such land may be improved by grading, filling, landscaping,
or with installation of recreation equipment so as to be equivalent in result to the
intent of this appendix. Determination of equivalency shall be made by the Planning
Department according to the following guidelines:
1.
The proposed land and improvements must create recreational
opportunities generally equivalent to or greater than the land
required for the residents within the short or long subdivision,
large lot division, mobile home park division, recreational vehicle
park division, or condominium division.
The proposed land and improvements must not result in
significant disturbance or alteration of an environmentally sensitive
area or wildlife connective corridor, unless otherwise allowed by
Jefferson County.
The proposed land and improvements shall be dedicated in
accordance with Section 5.00 of this appendix.
2.
3.
8.00 Stormwater Detention Facilities
Stormwater detention ponds may be allowed by the County as part of the dedicated
open space subject to the following criteria:
xvi
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J.rr.rlon County, WA POPE RESOURCES RESO 898.00
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.
The side slope of the detention pond shall not exceed a ratio of
three to one (3: 1), unless the slopes are natural preexisting slopes
covered with vegetation.
If detention facilities are located adjacent to, or near, a year-
round stream or wetland, the structure, functions, and values of
said stream or wetland shall not be impaired.
The detention area shall be covered with vegetation in a manner
which is both aesthetic and able to withstand the inundation
expected.
Use of dedicated open space area for stormwater detention shall
not be acceptable if the detention area must be fenced or
otherwise rendered unsuitable or unavailable for recreation use
during dry weather.
In the case of joint use of open space for detention and
recreation, the lot owners or owners' association shall be
responsible for maintenance of the detention facilities.
2.
3.
4.
5.
6.
9.00 Riqhts and Duties
The owners of open space shall have the following rights which may be exercised
in respect of such land, subject to restrictive covenants or other restrictions:
1.
The right to locate compatible recreational facilities, such as
tennis courts, swimming pools, picnic tables, and fireplaces
accessory to picnic tables designed to be used exclusively by the
residents of the development and their guests.
The right to locate compatible pedestrian paths, bicycle paths and
bridle paths.
The right to cover up to, but not to exceed, ten percent (10%)
of the land with impervious substances reasonably necessary to
exercise the rights provided in Subsections (1) and (2)
immediately above.
The right to take whatever measures are reasonably necessary to
protect and maintain such land, or land or property adjacent
thereto, or to correct a hazardous condition posing a threat to life
or limb.
The right to conduct compatible agricultural activities, including,
but not limited to, the selective harvesting of mature trees.
2.
3.
4.
5.
xvii
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Je"er.on County, WA POPE RESOURCES RESO 6SB.BB
6. The right to regulate access to or entry on the open space land.
7. The duty to maintain open space land.
..."'",
xviii
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IIIIIIIII~ 1111111111111 ~.~~~~~.
J.".rIO" COU"ty, WA POPE RESOURCES ::~g4/i090B0 11:4~A
.00
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:
1.
Washington State Department of Transportation\American Public Works
Association, Standard Specifications for Road, Bridge, and Municipal
Construction;
2.
Washington State Department of Transportation\American Public Works
Association, Standard Plans for Road, Bridge, and Municipal
Construction; .
3.
Washington State Department of Transportation, Highway Design
Manual;
4.
5.
American Association of State Highway and Transportation Officials,
Standard Specifications for Highway Bridges;
American Association of State Highway and Transportation Officials, A
Policy on Geometric Design of Highways and Streets; . .
6.
7.
Washington State Department of Transportation, Hydraulics Manual;
Transportation Research Board, Highway Capacity Manual, Special
Report # 209;
8.
Federal Highway Administration, Manual on Uniform traffic Control
Devices for Streets and Highways;
Washington State Department of Transportation, Construction Manual;
9.
10.
Washington State Department of Transportation, Local Agency
Guidelines; .
11 .
12.
Jefferson County Department of Public Works, Road Log;
Jefferson County Department of Public Works, Accommodation of
Utilities on County Road Rights-Of-Way, Resolution No. 38-91.
xix
APPEND IX "F"
SH 0 RELINE
MANAGEMENT
MASTER
PROGRAM
FOR JEFFERSON COUNTY AND
PORT TOWNSEND, ::4 \V ASHINGTON
I
ADOPTED MARCH 7,1989
\VITH REVISIONS
AUGUST 16, 1993
AUGUST 26, 1996
FEBRUARY 6,1998
t.- References to the City of Port Townsend no longer apply to the Jefferson County
Shoreline Management Master Program
111111111111111111 II :~~?:~~.
J.f"rlon County, WR POPE RESOURCES RESO 581.01
I H 1111111111111111 ~~~~~~ ~:j,
J,".rIO" CO~"tv, WA POPE RESOURCES RESO 698.00
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 government. By law, the
city and county are each responsible for the following:
1.
Development of an inventory of the natural characteristics and land use patterns along
shorelines covered by the act.
Preparation of a "Master Program" to determine the future of the shorelines.
Development of a permit system to further the goals and policies of both the act and the
local Master Program.
2.
3.
HOW THE PLAN WORKS
The Jefferson.Pon Townsend Shoreline Management Master Program is a planning document
that outlines goals and policies for the shorelines of the county and city. It is also a regulatory
ordinance with performance standards for development intended to implement the goals and
policies.
When planning a project near the shoreline, consult with the Jefferson County Planning and
Building Department or the City of Pon Townsend. The county or city shoreline
administrator will determine whether a shoreline permit is required and provide assistance in
the permit application process.
All shorelines subject to the Shoreline Management Act are given a shoreline environmental
designation. This designation system is designed to encourage uses most appropriate for
particular areas and to enhance the character of that shoreline environment. The shoreline
designations are found on the map supplied with this program and defined in Appendix "A".
Shoreline uses are classified as "primary", "secondary", or "conditional", in order of
preference or appropriateness on a particular shoreline. Secondary and conditional uses, as
well as variances, require review by the J efferson-Pon Townsend Shoreline Management
Advisory Commission prior to action by the Jefferson County Board of Commissioners or
the Port Townsend City Council. In addition, permits issued by local governments for
conditional uses and variances require final approval from the State of Washington.
..
11
SECTION 1
1.10
1.20
1.30
SECTION 2
SECTION 3
3.10
3.20
3.30
3.40
SECTION 4
4.10
4.20
4.30
4.40
SECTION 5
5.10
5.20
5.30
I'~II m~ 11111111111 ~ 11111 ~:5~~ ~41
J.".rlon County, WA POPE RESOURCES ::~g4/i~~~0~1:40A
TABLE OF CONTENTS
RECIT ALS. ......... .... ..... ............... ................. ..... ...... ,......... .......... 1
FIND IN G S ................................................................................. 1
PURPOSES...................................................""""""""""""""" 1
TITLE .........................................................................................4
DEFINITIONS..............................................................,............5
SCOPE """ ......... ........ .......... ...... """"" """"""""""""'" ...... .....20
GEOGRAPHICAL JURISDICTION ......................................20
LIBERAL CONSTRUCTION .................................................21
APPLICABILITY """"""""""""""""""""'""""""""",..........22
EXEMPTIONS """"""""""""""""""""""""""""""'"...........23
3.401 Administration.... .............. .... ......... ...... ....... """" ........ ...23
3.402 Permit Exemptions.........................................................23
SHORELINE DESIGNATIONS AND PROJECTS ...............28
CLASSIFICA TIONS
SHORELINE ENVIRONMENTAL DESIGNA TIONS.........28
4.101 Aquatic............ ......... ...... """" ................ .... """'" ........ ....28
4.102 Natural............................................................................30
4.103 Conservancy................. ............ ................................... ...30
4.104 Suburban.....,...... ........ ....... ............. """"""'" """""'" .....31
4.105 Urban... ...... """""""""""""""""" ...... """""""""""" ...31
4.106 Port Townsend Urban Waterfront Special District........33
PROJECT CLASSIFICA TIaNS ..............................................35
4.201 Primary """""...............................................:.................36
4.202 Secondary.......... """""""""""" "'" .............. ...... ........ ... ..36
4.203 Conditional...... ....... .... """"'" """" ........ """""""" ... ......37
4.204 Prohibited """"""""""""""""""""""""""""""'"........37
4.205 Unclassified...................................,.................................38
SHORELINES OF STATE-WIDE SIGNIFICANCE..............38
CLASSIFICA TION TABLE ....................................,................39
POLICIES AND PERFORMANCE STANDARDS ...............41
ADVERTISING ........................................................................42
AGRICULTURE...... ............ .... ... ..... ..... """""""""""""'" .......43
AQUACULTURE """""""""""""""""""""""""""""""......44
111
SECTION 9
9.10
9.20
9.30
9.40
9.50
APPENDIX "A"
APPENDIX "B"
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LEGAL PROVISIONS..............................................................92
VIOLA TIONS AND PENALTIES ..........................................92
9.101 Coun: Action ..................................................................92
9.102 General Penalty ..............................................................92
9.103 Violator's Liability......... """'" ..... ............. .............. ........93
9.104 Permit Condition Violations ..........................................93
APPEALS.........,........ ,....... ,...................,................,.....,............. 9 3
9.201 Administrative Appeals ............ ............... ....................... 93
9.202 Permit Appeals ............................................................... 93
SEVERABILITY """"""""""""""""""""""""""""""""........ 94
EFFECTIVE DATE ................. .......................... ............. .......... 94
ADOPTION ...... """"""""""""""""" ........:...... ...... .................95
Common Description of Environment Designations ................96
Environment Designations (attached map)............................... 103
ADMINISTRA TIVE INTERPRETATIONS
Section
5.160
2.12
2.92
3.402(11)
9.202
Residential Setbacks..................................................................105
Definition - Average Grade Level.. ............. .............................107
Definition - Shorelands.............................. ..............................107
Exemption ... ..... ............................... ..................,.. ....................107
Permit Appeals """""""""""""""""""""""""""""""""""...107
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JI"lr.on County, WR POPE RESOURCES
SECTION 1
RECIT ALS
SUBSECTIONS
1.10
1.20
1.30
Findings
Purposes
Tide
1.10 FINDINGS
The Jefferson County Board of Commissioners and the Port Townsend City Council find
that:
1.
The Washington State Shoreline Management Act of 1971 as a law' of the State of
Washington requires that counties and cities incur certain duties, obligations, and
responsibilities with regard to implementation of the act. .
Jefferson County and the City of Port Townsend, through a jointly created and
maintained shoreline management advisory commission, have performed the necessary
prerequisites for the establishment of a master program such as preparing a shoreline
inventory, delineating goals and policies, conducting extensive citizen informational
and educational measures, and holding numerous public meetings and hearings.
The establishment of this Master Program will promote the public health, safety, and
general welfare by serving as both a guide and regulation for the future development of
the valuable shoreline resources of Jefferson County and the City of Port Townsend.
2.
3.
1.20 PURPOSES
The purposes of this Master Program are:
1.
To carry out the responsibilities imposed on Jefferson County and the City of POrt
Townsend by the Washington State Shoreline Management Act (Rew 90.58).
To promote the public health, safety, and general welfare by providing a guide and
regulation for the futUre development of the shoreline resources of Jefferson County
and the City of Port Townsend,
To further, by adoption, the policies of RCW 90.58, and the goals of this Master
Program, both which hereafter follow.
1
1.
2.
3.
4.
5.
6.
7.
Shoreline Management Policies
The \'7ashington 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 shorelines of the state.
The legislature further finds that much of the shorelines of the state and the uplands adjacent
thereto are in private ownership and that unrestricted construction on the privately owned or
publicly owned shorelines of the state is not in the best public interest; therefore, coordinated
planning is necessary in order to protect the public interest associated with the shorelines of
the state which, at the same time, shall be consistent with public imerest. There is, therefore,
a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by
federal, state, and local governments, to prevent the inherent harm in an uncoordinated and
piecemeal developmem of the state's shorelines.
It is the policy of the state to provide fbr the managemem of the shorelines of the state by
planning for and fostering all reasonable and appropriate uses. This policy is designed to
ensure the development of these shorelines in a manner which, while allowing for limited
reduction of rights of the public in navigable Waters, will promote and enhance the public
interest. This policy contemplates protecting against adverse effects to the public health, the
land and its vegetation and wildlife, and the waters of the state and their aquatic life, while
generally protecting public rights of navigation and corollary rights incidental-thereto. '
The legislature declares the interest of all people shall be paramount in the management of
shorelines of state-wide significance. The Washington State Department of Ecology, in
adopting guidelines for shorelines of statewide significance, and local government, in
developing Master Programs for shorelines of state-wide significance, shall give preferences to
uses in the following descending order of priority:
Recognize and protect the statewide interest over local interest.
Preserve the natural character of the shoreline.
Result in long term over short term benefit.
Protect the resources and ecology of the shoreline.
Increase public access to publicly owned areas of the shoreline.
Increase recreational opportunities for the public in the shoreline.
Provide for any other element as defined lu~der RCW 90.58.100 deemed appropriate
and necessary. -.- -
_.
In the implementation of this policy, the public's opportunity to enjoy the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent
feasible, consistent with the overall best interest of the state and the people generally. To this
end, uses shall be preferred that are consistent with comrol of pollution and prevemion of
damage to the 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
7.
8.
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J.rr.rlon Countv, WR POPE RESOURCES RESO 698.00
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 conducted in a manner to
minimize insofar as practical any resultant damage to the ecology and environment of the
shoreline area and interference with the public's use of the water. Shorelines of state-wide
significance are listed in Section 4.30.
Goals
1.
Economic Development: To encourage utilization of economic resources to improve
the standard of living for residents of Jefferson County and the City of Port
Townsend, at the same time assuring that such resource utilization is compatible with
the conservation element.
Public Access: To provide and maintain a safe, convenient, and balanced system of
public access. A system that increases the amount and diversity of opportunity for the
public to enjoy the shorelines of the state while respecting the rights of private
ownership. A system that is respective of fragile natural features of the shorelines and
strives to maintain the quality of life enjoyed by the shoreside community.
Circulation: To recognize the importance of all types of circulatory systems to our
region and to create and maintain a circulatory network capable of delivering people,
goods, and services at the highest level of convenience, safety, reliability, and economy.
Yet we do not want unpleasant side effects, so we wish to see the secondary effects of
circulatory system developments are accounted for in the planning of such systems.
Circulation planning must be compatible with land use planning.
Recreational: To seek and provide proper recreational opportunities for local people.
To encourage the proper development of recreational sites for visitors and to assure the
management of present sites in a manner that will maintain and preserve the very
resources that have created the demand for their use.
Shoreline Use: To promote the best possible pattern of land and water uses, to assure a
minimum of conflict between uses, to assure that individual uses are placed on sites
appropriate to such uses, to assure that lands and waters of specific natures are available
to uses that need such special types of lands and waters, to see that all the uses needed
by the region have a place, and to generally devise a pattern beneficial to the natural
and human environments. -- """
Conservation: T a conserve and enhance ~he p.atural resources including scenic vistas,
estuaries, beaches, shorelines, fragile ecological areas, fish, wildlife, timber, and land,
water, and air.
Historical and Cultural: T a protect and restOre areas and sites having historical,
cultural, educational, or scientific value.
Restoration: 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.
2.
3.
4.
5.
6.
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Jefferlon County, WR POPE RESOURCES RESO S98.00
9.
\Y/ ater 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-Port Townsend Shoreline
Management Master Program. This document may refer to itself as "this Master Program".
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4.
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SECTION 2
D EFINITI 0 NS
Definitions given for the terms in this Master Program apply only to their use under the
jurisdiCtion of this Master Program as defined in Chapter 90.58 RCW. Some terms may have
different definitions and applications under other regulations and ordinances.
When not consistent with the context, words used in the present tense shall include the future,
the singular shall include the plural, and the plural shall include the singular.
The word "shall" means mandatory, the word "should" means recommend by but not
required, and the word "may" means permissive.
For the purpose of this Master Program, certain words and terms shall be interpreted or
defined as follows:
1.
Accessory use: A use that is demonstrably subordinate and incidental to the principle
use and which funCtionally supports its activity.
Accretion: Slow addition of land by depositing of water-borne sediment through the
net effeCt of wave aCtion and longshore drift.
2.
\
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LOW TIDE
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ACCRETION BEACH i
- -
Act: The Washington State ShorelineMañ;gement Act (RCW 90.58), as amended.
Advertising: Publicly displayed messages6-i signs, billboards, placards, or buildings
that direct attention to promotion of a business, service, or product. On-premise
advertising is that which is actually located on the site of the business or service
advertised.
Agriculture: The cultivation of soil, production of crops, or the raising of livestock.
5
12.
13.
6.
7.
Applicable Master Program:
Washington State Department
90.58.190.
Aquaculture: The culture or farming of food fish, shellfish, or other aquatic plants or
animals. .
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.
Archaeology: The systematic recovery by scientific methods of material evidence
remaining from man's life and culture in past ages, and the detailed study of this
evidence.
Associated wet lands: Those marshes, bogs, swamps and similar water retention areas
that are in proximity to and influence or are influenced by streams, rivers, lakes, or
tidal waters [reference WAC 173-22-030(5)as amended].
Backshore: The area wetted by storm tides but normally dry between the coastline
and the high tide line. It may be a narrow gravel berm below a sea bluff or a broader
complex of berms, marshes, meadows, or dunes landward of the high tide line.
Average grade level: The average of the natural or existing topography of the portion
of the lot, parcel, or traCt of real pI:°perty that will be directly under the proposed
building or structure. In the case of Structures to be built over the Water, the average
grade level shall be the elevation of the ordinary high water. The calculation of the
average grade level shall be made by averaging the elevations at the midpoint of the
proposed building or Structure. * [*See Administrative Interpretation, Page 107]
Barrier beach: An accretion shore form of sand and gravel that has been deposited by
longshore drift, like storm barriers, in front of bluffs, bays, marshes, and estuaries.
The Master Program approved or adopted by the
of Ecology pursuant to RCW 90.58.090 or RCW
8.
9.
10.
11.
BLUFFB~RBEACH
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14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
BAY BARRIER BEACH
Bar: Similar to spits and hooks, though generally not attached to the mainland during
periods of high water.
Beach: A relatively level land area contiguous with the sea and generally composed of
sand, rock or mud.
Beach feeding: A process by which beach material is deposited at one or several
locations in the updrift portion of a driftway. The material is then naturally
transported by a wave's down drift to stabilize or restore eroding beaches or berms.
Berms: A linear mound of sand or gravel that is placed parallel to the shore at or
above the ordinary high water mark.
Boat Launch: A slab, pad, plank, rail, or graded slope used for launching boats by
means of a trailer, hand, or mechanical device.
Bog: A shallow water area that may be filled by sedimentation and the decaying of
vegetation [reference WAC 173-22-030(5)].
Breakwater: An offshore structure generally built parallel to the shore that mayor
may not be connected to land. Its primary purpose is to protect a harbor, moorage, or
navigational activity from wave and wind action by creating a still water area along the
shore. A secondary purpose is to protect the shoreline from wavewcaused erosion.
Most breakwaters in the Pacific Coast area are rip-rapped, mound construction.
Several include ancillary sand bywpassing operations.
Bulkheads: A wall-like structure generally placed parallel to shore to retain an upland
and fill prone to sliding or sheet erosion, and to protect an upland from erosion by
wave action. Bulkheads are normally lighter than seawalls and similar to structures
termed" revetments" . - ..
Campground: An outdoor area established for overnight accommodation of
recreational user.
City: The incorporated City of POrt Townsend, Washington.
Coastline: The highest landward line of long term marine water effect upon the land.
Commercial: Uses and facilities that are involved in wholesale or retail trade or
business activities.
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36.
37.
38.
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Conditional use: . A use, development, or sUbstantIa! 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.
Conservancy: An area with valuable natural, cultural, or historical resources
(reference Section 4.20).
County: Jefferson County, Washington.
Creek: A small stream; often a shallow or intermittent tributary to a river. Surface
water run-off flowing in a natural or modified channel that is drawn by gravity to
progressively lower levels and eventually to the sea.
Department: The Department of Ecology.
Development: A use consisting of the construction or eXterior alteration of
structures; dredging, drilling, dumping, filling, and removal of any sand, gravel, or
minerals; ~onstructing bulkheads, driving piles, or placing of obstructions; or any
project of a permanent or temporary nature that interferes with the normal public use
of the surface of the waters overlying lands subject to the Shoreline Management ACt
and this Master Program at any state. of water level.
Dike: An artificial dirt or rock rip-rap bank that parallels a stream to retard erosion or
prevent flooding.
Dock: A fixed structure floating upon a water body.
Dredging: The removal of earth, sand, gravel, silt, or debris from the bottom of a
stream, river, lake, bay, or other water body and associated wetlands.
Driftway: The foreshore area that connects a feeder bluff and its accretion shore from
where sand or gravel is deposited by net effect of wave action and longshore drifts.
27.
28.
29.
30.
31.
32.
33.
34.
35.
. :t '. .
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Ecological: Pertaining to the interrelationship of living things to one another and to
their environment. - '"
Erosion: The group of natural processes induding weathering, dissolution, abrasion,
corrosion, and transporring by which earthy or rocky material is removed from any
part of the earth's surface.
Estuary: That portion of a coastal stream influenced by the tide of marine waters into
where it flows and where the seawater is diluted with fresh water derived from land
drainage.
8
44.
45.
46.
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40.
Exempt developments: Those aevelOpmems wmcn are nor reqUlrea to OOtam 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.
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.
Extreme low tide: The lowest line of the land reached by a receding tide.
Fair market value: For a development, it is the open market bid price for conducting
the work, using the equipment and facilities, and purchase of the goods, services and
materials necessary to accomplish the development. This would normally equate to
the cost of hiring a contractor to undertake the development from start to finish,
including the cost of labor, materials, equipment and facility usage, transportation and
contractor overhead and profit. The fair market value of the development shall
include the fair market value of any donated, contributed, or found labor, equipment
or materials.
Feeder bluff: A shore or sea bluff whose eroding material transported by longshore
drift and provides the building blocks and nourishment for spits, bars, hooks, and
other accretion shore forms.
41.
42.
43.
FEEDER PLAIN
First class tidelands: The beds and shores of navigable tidal waters lying within or in
front of the corporate limits of any city, or within one mile thereof, upon either side
and between the line of ordinary high tide;'ãnd the inner harbor line, and within two
miles of the corporate limits on either siqe a_nd between the line of ordinary high tide
and the line of eXtreme low tide.
Float: A floating structure that is moored, anchored, or otherwise secured in the
water that is not connected to the shore line.
Flood Plain: That area adjoining rivers, streams, lakes, or coastal water subject to
flooding.
9
47.
51.
52.
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Floodway: Those portions of the area of a river valley lying streamward from the
outer limits of a water course upon which flood waters are carried during periods of
flooding that OCcur with reasonable regularity, although not necessarily annually; the
floodway being identified under normal conditions by changes in surface soil
conditions or changes in types or quality of vegetative ground cover conditions. The
floodway shall not include those lands that can reasonably be expected to be proteCted
from waters by flood control devices contained by or maintained under license from
the federal government, the state, or a political subdivision of the state.
Forestry: Methods used for the protection, production, harvesting, and transporting
of timber resources.
Gabion: A mass of rock, rubble, or masonry tightly enclosed in wire mesh, forming
massive blocks that are used to form walls on beaches to prevent wave erosion or as
foundations for breakwaters or jetties. ,
Groin: A wall.like struCture extending seaward from and usually perpendicular to the
shore into the intertidal zone. Its purpose is to build or preserve an accretion beach on
its updrift by trapping littoral drift. A groin is relatively narrow in width but varies
greatly in length. A groin is sometimes built in a series as a system and may be
permeable or impermeable, high or low, and fixed or adjustable.
Guidelines: Those standards adopted to. Împlement the policy of the Shoreline
Management Act for regulation of use of the shorelines of the state prior to adoption
of the master programs and which serve as criteria in the development of the Jefferson
County Shoreline Management Master Program.
Harbor area: The area of navigable tidal waters as determined in Section 1 of Article
15 of the Washington State constitution, which shall be forever reserved for landings,
wharves, streets, and other conveniences of navigation and commerce.
49.
50.
10
64.
65.
66.
67.
68.
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J.".~'on County, WA POPE RESOURCES RESO 59B.00
53.
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.
Historic: Having considerable importance or influence in history; historical.
Industry: The production, processing, manufacturing, or fabrication of goods or
materials. Warehousing and storage of materials or production is considered part of
the industrial process.
Inner harbor line: A line located and established in navigable tidal waters between
the line of ordinary high tide and the outer harbor line and constituting the inner
boundary of the harbor area,
Island: A land mass completely surrounded by water.
Jetty: A structure generally perpendicular to the shore, extending through or past the
intertidal zone. Jetties are built singly or in pairs at a harbor entrance or river mouth
mainly to prevent accretion from littoral drift in an entrance channel, which mayor
may not be dredged. Jetties also serve to protect channels from storm waves or cross
currents and to stabilize inlets through barrier beaches. On the Pacific Coast, most
jetties are of rip.rapped, mound construction.
Lake: A body of standing water located inland, generally distinguished from marshes,
bogs, and swamps by its greater depth. .
Landfill: The creation of or addition to a dry upland area by depositing material into
waters or onto shorelines or wet land areas.
Marina: A facility that provides launching, storage, supplies, moorage, and other
accessory services for six or more pleasure and! or commercial water craft.
Marsh: An area of low-lying wet land; a fen, swamp, or bog. [reference WAC 173-22].
Master Program: The comprehensive management plan for a described shoreline and
water surface area and the use regulation together with maps, diagrams, charts, or other
descriptive material and text; a statement of desired goals and standards developed in
accordance with the policies enunciated in RCW 90.58.020 and its guidelines under
WAC 173-16 and 173-27.
Mining: The removal of naturally occurring rock, sand, gravel, and. minerals from the
earth.
Natural: A shoreline possessing unique or fragile features, whether natural or cultural,
that are totally or essentially unaltered from their natural state or are relatively
intolerant of human use other than for passive historical, cultural, scientific,
archaeological, or educational activity.
Natural or existing topography: The topography of the lot, parcel, or tract of real
property immediately prior to any site pre:par~Üon or grading, including excavation or
filling.
Non-conforming use or development: A shoreline use or development which was
lawfully constructed or established prior to the effective date of the act or the
applicable master program, or amendments thereto, but which does not conform to
present regulations or standards of the program.
Offshore: The sloping subtidal area seaward from the low tideland.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
11
73.
74.
75.
76.
77.
78.
69.
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 ro 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 issued by the local
government or the Washington St~te Department of Ecology; provided that in any
area where the ordinary high water mark cannot be found, the ordinary high Water
mark adjoining salt water shall be the line of mean higher high tide, and the ordinary
high water mark adjoining fresh water shall be the line of mean high water.
Outer harbor line: A line located and established in navigable Waters as provided in
Section 1 of Article 15 of the Washington State Constitution, beyond which the state
shall never sell or lease any rights whatsoever.
Parking faCilities: Areas providing for the storage of motor vehicles, including vista
parking facilities.
Party of record: All persons, agencies or organizations who have submitted written
comments in response to a notice of application; made oral comments in a formal
public hearing conduCted on the application; or notified local government of their
desire to receive a copy of the final decision on a permit and who have provided an
address for delivery of such notice by mail. .
Performance standard: Regulations, which include bulk and dimensional standards,
that are applied ro the design and function of a development or use.
Permit: Any substantial development, variance, conditional use permit, or revision
authorized under Chapter 90.58 RCW, the Shorelines Management ACt.
Person: An individual, firm, partnership, corporation, association, organization,
agency, or any non-federal entity however designated.
Pier: A fixed, pile.supported structure.
Point: A low profile beach promontory, generally of triangular shape
whose apex extends seaward.
70.
71.
72.
POINT
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79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
111111111111111111111 :.~:~:~:~
J.".r8on County, WA POPE RESOURCES RESO 5SB.00
92.
Ports: Centers for waterborne commerce and traffic.
Primary use: A use that is deemed preferable with the definition and policy of a
particular shoreline designation.
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 or on health, safety,
or general welfare resulting from a use or development.
Recreational facilities: Facilities such as parks, trails and pathways, campgrounds, and
swim rafts that provide a means for relaxation, play, or amusement.
Residence: A dwelling and those structures and developments within a continuous
ownership that are normal appurtenances. An appurtenance is necessarily connected
to the use and enjoyment of a residence and is located landward of the perimeter of a
marsh, bog, or swamp and landward of the ordinary high water mark. A normal
appurtenance includes a garage, deck, driveway, utilities, fences, and grading that does
not exceed 250 cubic yards (except to construct a conventional drain field).
Residential development: The development of land and/or construction or erection
of dwelling units for the purpose of residential occupancy.
River: A large natural stream of water emptying into any ocean, lake, or other body
of water, and usually fed along its course by converging tributaries.
Scientific and educational facilities: Those sites, structures, or facilities that provide
unique insight into our natural and cultural heritage.
Sea wall: A bulkhead, except its primary purpose is to artificially armor the shore
from erosion by water waves and it may incidentally retain uplands or fills. Sea walls
are usually more massive than bulkheads or revetments because they are designed to
resist the full force of waves.
Second class shoreland: Land bordering on the shore of a navigable lake or river not
subject to tidal flow, between the line of ordinary high water and the line of
navigability and within or in front of the corporate limits of any city or within two
miles thereof upon either side.
Second class tideland: Land over which the tide ebbs and flows outside and more
than two miles from the corporate limits of any city from the line of ordinary high
tide to the line of extreme low tide.
Secondary use: A use that is not automatically deemed preferable within the
definition and policy of a particular shoreline designation (reference Section 4.20).
Shore defense work: Structures or modifications for the purpose of retarding shore
erosion from waves or current action, protecting channels and harbors from wave
action, encouraging deposition of beach mat-erials, preventing stream bank overflow,
and retaining uplands. They may consist- of þulkheads, seawalls, dikes, revetments,
breakwaters, jetties, groins, or gabions. . De£ense works are commonly constructed
from quarry rock (rip-rap), treated wood, concrete, steel, and sand and gravel.
Shorelands or shoreland areas: Those lands extending landward for two hundred feet
in all directions as measured on a horizontal plane from the ordinary high water mark,
floodways and contiguous floodplain areas landward two hundred feet from such
floodways, and all wetlands and river deltas associated with the streams, lakes, and tidal
1.3
96.
97.
98.
93.
94.
95.
d.
e.
\ IIIIIIIII~\ ~\I \I~ \I~ I~\~ II \~\ ~~i~~ ~:¡.
J.ff.rlon County, WA POPE RESOURCES
Waters which are subject to the provisions of this chapter; the same to be designated as
to location by the Department of Ecology. Shore lands are distinguished from
shorelines in that shorelines extend waterward from the ordinary high water mark to
the COUnty line, while shorelands extend landward 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 defined by RCW
90.58 and this Master Program. A shoreline permit means any form of permission
required under RCW 90.58 prior to undertaking activity on Shorelines of the state,
including substantial development, conditional use or variance permits.
Shorelines: All the water area of Jefferson County, including reservoirs and their
associated shorelands, together with lands underlying them, except:
a.
b.
Shorelines of state-wide significance.
Shorelines or segments of streams upstream of a point where the mean annual
flow is twenty cubic feet per second or less and the shorelands associated with
such upstream segments. ,
Shorelines on lakes less than twenty acres in size and shorelands associated with
such small lakes.
c.
Shorelines of State-wide Significance: A shoreline of the state with respeCt to
Jefferson County and the City of Port Townsend as identified as follows:
a.
Those lakes, whether natural, artificial, or a combination thereof, with a surface
acreage of one thousand acres or more measured at the ordinary high water
mark, including associated wetlands.
Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de
Fuca between the ordinary high watermark and the line of extreme low tide,
which are Hood Canal from Tala Point to Foulweather Bluff, south to the
Mason-J efferson County line, including associated wetlands.
Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt
waters north to the Canadian line and lying seaward from the line of extreme
low tide.
Those natural rivers or segments thereof downstream from a point where the
mean annual flow is measured at one thousand cubic feet per second or more.
In Jefferson COUnty these rivers are. the Clearwater River, Hoh River, and
Quinaulr River. , , "-. .',
Those shorelands associated with a,l:?, aI].,d d of this definition.
b.
c.
Shorelines of the State: The total of all shorelines and shorelines of statewide
significance.
Spit: A narrow point of land extending into a body of water.
14
99.
100.
101.
102.
103.
104.
105.
11111111111111111111 ~~~~~~¡,
J,,'.rlon County, WA POPE RESOURCES RESO 898.00
SPIT
State Master Program: The cumulative total of all master programs approved. or
adopted by the Department of Ecology.
Stream: A body of running water; especially such a body moving over the earth's
surface in a channel or bed) as a brook, rivulet, or river.
Structure: A permanent or temporary edifice or building, or any piece of work
artificially built or composed of parts joined together in some definite manner on)
above, or below the surface of the ground or Water, except for vessels.
Substantial Development: Any development that:
a.
b.
The total cost or fair market value exceeds $2,500; or
Materially interferes with the normal public use of the water or shorelines of
the state [except as provided for in Chapter 3.40].
Suburban: Areas where residential activity may approach urban density, but usually
where densities permit space for small numbers of livestock, gardens) or wood lots.
These areas are served by individual or community water supplies, but generally are
not linked with utilities from an urban center. . Commercial activities to serve the
needs of the immediate area are considered an. integral part of this description.
Swamp: A lowland region saturated. with water [ref. WAC 173-22].
Tombolo: A causeway-like accretion. spit connecting an offshore rock or island with
the main shore.
15
110.
111.
112.
113.
114.
115.
116.
" ~ 1I11I1 II III 1111 II ~~~~~~:¡A
J"'.rlon County, WA ~O~E RESOURCES RESO 698.00
TaMBaLa
106.
Transmit: To send from one person or place to another by mail or hand delivery.
The date of transmittal for mailed items is the date that the document is cenified for
mailing or, for hand.delivered items, is the date of receipt at the destination.
Transportation facilities: Passageways for motOrized vehicles or trains, including but
not limited to such devices as bridges, trestles, ramps, or culvens.
Upland: The higher parts of a region or tract of land which are landward of the
OHWM.
Urban: An area of high intensity land use, including residential, commercial, and
industrial development. This does not necessarily include all shorelines within an
incorporated city, but is particularly suited to those areas planned to accommodate
urban expansion.
Utility: A service or facility that produces, transmits, stores, processes, or disposes of
electrical power, gas, Water, sewage, communications, oil, and the like.
Variance: A means to grant relief from the specific bulk, dimensional or performance
standards set forth in the applicable master program and not a means to vary a use of a
shoreline.
Vegetative stabilization: Planting of water-loving land vegetation upon shoreline
banks, slopes, or berms to retain soil and retard erosion from surface run-off; planting
of aquatic vegetation offshore to reduce wave action and retain bottom materials; and
utilizing temporary structures or netting to enable planes to establish in unstable areas.
Vessel: Ship, boat, barge, or any other .floating .craft that is designed and used for
navigation and does not interfere with the .normal public use of the water.
Waste disposal: Refuse composed of garbage; rubbish, ashes, dead animals, demolition
wastes, automobile parts, and similar materiat'
Water.dependent: A use or a portion of a use that cannot exist in any other location
and requires a location on the shoreline and is dependent on the water by reason of the
intrinsic nature of its operation.
Water enjoyment use: A recreational use such as a park, pier, or other use facilitating
public access as a primary character of the use; or, a use that provides for passive and
107.
108.
109.
16
118
119.
120.
121.
/111 mill III mll~ III ~IIIIIIIIII ~,~~~.~ ~j,
Je"erlon County. WR POPE RESOURCES RESO 1598.00'
117.
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 reserves, resorts, and
mixed use commercial enterprises provided such use conforms to the above
requirements and the provisions of the Master Program.
Water-oriented use: A use or a portion of a use which is either a water-dependent,
water-related, or water~enjoyment use, or any combination thereof.
Non.water.oriented use: Upland uses which have little or no relationship to the
shoreline. All uses which do not meet the definition of water-dependent, water-
related, or water.enjoyment are classified as non. water-oriented uses.
Water-related use: A use or portion of a use which is not intrinsically dependent on a
waterfront location, but whose operation cannot occur economically without a
shoreline location. These activities demonstrate a logical, functional connection to a
waterfront location. Examples of water-related uses may include warehousing of goods
transported by water, seafood processing plants, and log storage.
Waterway: A river, channel, canal, or other navigable body of water used for travel or
transport.
Wet land: Those areas within the shoreline jurisdictional boundaries that are not
continuously dry and are defined as marshes, bogs, or swamps in WAC 173-22.
Wetland: Areas that are inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated conditions.
Wetlands do not include those artificial wetlands intentionally created from
nonwerland sites, including, but not limited to, irrigation and drainage ditches, grass-
lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds,
and landscape amenities, or those wetlands created after July 1, 1990 that were
unintentionally created as a result of the construction of a road, street, or highway.
Wetlands may include those artificial wetlands intentionally created from nonwetland
areas to mitigate the conversion of wetlands.
Identification of wetlands and delineation of their boundaries under the Master
Program shall be performed in accordance with the criteria and indicators listed in
WAC 173-22-080. These criteria and indicators along with recommended methods and
additional background information can be found -in the Washingron State Werland
Identification and Delineation Manual, Ecology Publication #96-94.
-- .
17
SUB TIDAL AREA
-------
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SHORELINE
INTER TIDAL AREA
WETLANDS
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SHORELINE MANAGEMENT ACT JU~ISDICTION
LEGEND
OHWM Ordinary .Hlgh Water Mark -
MHHW ,Mean HI her High Water
MLLW Mean Lower Low Water
.ELT ... Extreme Low Tide
. -
--- .. -.. '"
( Plus AssocIated
Natural Wet:lands)
FIG. 1
SHORELINE MANAGEMENT JURI$DICTION:
Marine Shore Components
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.' --,--,----,,---,-,,- ._",,----,.--,,--,- '----,-,-----".- _"-_"n~ --- _._---,,------------ - ---~-._- "" ,.".. ---------" "...."-n__~_"_,----",---.."""._,-",, - -----~-- .,-. ------"'----------"
STREAM
SHORE ~ PROCESS CORRIDOR
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":,:~:r:::.. "', ,- , . .::Æ'}~~~';::':':/::.:':':':':::::::::':':::~::~:'.'" . 200'SHORELINE MANAGEMENT
"";:iÙ=:::::. ",:,::,:':':'X::'.::-:::: "" --Jurisdiction Area I Plus Associateo
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PLAIN
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MEANDER ZONE, --
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--, FLOOD WAY --,
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FIG. 2
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SHORELìNE MANAGEMENT JURisDICTION:
',-- - -
,. _uo_~,- , '" .. -- " -, - St,re'am Shöre Components
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J.".rlon County, WA POPE RESOURCES RESO B8B,ØØ
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J.".rlon COU"tv, WA POPE RESOURCES RESO 698.00
SECTION 3
SCOPE
SUBSECTIONS
3.10
3;20
3.30
3.40
Geographical Jurisdiction
Liberal Construction
Applicability
Exemptions
3.10 GEOGRAPHICAL JURISDICTION
This Master Program shall apply to all the lands and waters in Jefferson County and the City
of POrt Townsend that are under the jurisdiction of the Shoreline Management Act.
There is hereby made a part of this Master Program a map that will be officially known as the
"shoreline designation map," but which for the purpose of brevity shall be referred to as "the
map." The official shoreline designation map shall be on file with the Jefferson County
Planning and Building Department, Washington State Department of Ecology, and
Washington State Code Revisor. There may be unofficial copies of the map prepared for
administrative purposes (see Appendix "B"). It shall be the responsibility of the Jefferson
County Planning and Building Department to keep the map current and in a readable
condition.
Inasmuch as the map is an inseparable part of this Master Program, no part of the map may be
altered or revised except on approval of the Washingron State Department of Ecology as
provided under RCW 90.58.190.
The map will show the areas of Jefferson County and the City of Port Townsend that are
under the jurisdiction of this Master Program. Further, the map will show the shoreline
designations as they affect the various lands and waters of Jefferson County and the City of
Port Townsend.
Where uncertainty or conflict may Occur in the eiàct location of a jurisdictional boundary
line, the official designations of the Washingron .Stat~. Department of Ecology shall be used.
Where uncertainty or conflict may occur in the exact location of a shoreline designation
boundary line, the written description of the boundaries shall be used (see Appendix "A").
Additionally, should there arise a conflict between the jurisdictional map and boundary
description and the criteria that establishes the shoreline jurisdiction, the criteria shall take
precedence.
20
SHORELINE MANAGEMENT JURISDICTION I
UPLAND DESIGNATION. , ~
(urban,suburban,conservancy and naturatJ~,:
, ' , , I
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AQUATIC DESIGNATION'
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SHORELINES OF STATEWIDE SIGNIFICA/\CE-)t
, 9o.Sð,030 (2)(e)( ¡II) I
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~-HOOD CANAL 90.58,030 (2)(e)(JjI)(Cr--'-~
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.<---..;--~~ . .- SHORELINES.
\} 9O,58.030(2)(d)
FIG.3
#Includu. 'Streams With 20'CÆS. FI~w And Lakas W'AC;es And ASSOCial&d w.tI;¡nd~ p,
,.. ~--"..'"
-- - , ..
NOTE: See Appendix itA" for a list of marine shorelines, rivers and cref;ks, and lakes within
the shoreline management jurisdiction,
3.20 LIBERAL CONSTRUCTION
. -
As provided under RCW 90,58,900, the Shorelin'¿ M~nagement Act is exempted from the rule
of strict construction; the act and this Master PrbgI1Ún shall, therefore, be liberally construed
to five full effect to the purposes, goals, policies, and standards for which the act and this
Master Program were enacted, On the other hand, exemptions from the act or Master
Program are to be narrowly construed,
\ 1IIII IWI I II \II~ I 1m ;~~~ ~~
J8"Irion c~nty, WR POPE RESOURCES
21
1.
2.
d.
IIIIIIIII'~ III ~~ 11I1 IIIIIII ~:~~ ~1
J.".rlon County, WA POPE RESOURCES 08/04/200011:40A
RESO S98. 00
3.30 APPLICABILITY
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, owns, leases, or
administers lands, wetlands, or waters subject to this Master Program.
The applicability of this Master Program to federal agencies is as follows:
a.
Federal agencies shall nor be required to obtain permits for developments
undertaken by the federal government on lands owned in fee by the federal
government unless the federal government grants' or reserves to the state or
local government substantial jurisdiction over activities on those lands.
The substantial development permit system shall apply to nonfederal activities
constituting developments undertaken on lands subject to nonfederal
ownership, lease, or easement, even though such lands may fall within the
external boundaries of federal ownership.
The substantial development permit system shall apply to developments
undertaken on lands not federally owned but under lease, easement, license, or
other similar federal property rights short of fee ownership to the federal
government.
Federal agency actions shall be consistent with the approved Washington State
Coastal Zone Management Program subject to certain limitations set forth in
the Federal Coastal Zone Management Act (16 USe. 1451 et. seq.) and
regulations adopted pursuant thereto.
b.
c.
This Master Program, including its definition, purposes, goals, policies, and
performance standards, shall apply to all development that is within in whole or in
part wetlands and shorelines as defined under subsection 2.121 of this Master Program.
. Further, all substantial development within the scope of this Master Program shall
obtain a shoreline substantial development permit from Jefferson County or the City
of POrt Townsend in full compliance with the requirements of the Shoreline
Management Act, appropriate provisions of WAC 173-27, and this Master Program,
with the exception of those developments consistent with Subsection 3.40 of this
Master Program.
3.
. -
-.
_.
22
~ I1I111 U 111111111 ~:~~? ~41
Jetterlon Co~ntVI WR POPE RESOURCES ØB/Ø4/2ØØØ 11:4ØR
RESO 89B. øø
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 Planning and Building
Department prior to the commencement of the development. All applications for exemptions
shall be made on forms supplied by the Planning and Building Department. The application
shall be accompanied by a drawing of the proposed project. Projects receiving exemptions
shall be bound to the plan upon which the exemption is granted, an exemption shall expire
one year after the date of issuance.
Exemptions from the substantial development permit requirements do not exempt a proposed
development from compliance with the applicable policies and standards of this Master
Program or other applicable federal, state, or local permit or license requirements. A
conditional use or variance permit may also be required. Exemptions shall be construed
narrowly.
3.402 PERMIT EXEMPTIONS
Those developments that do not require issuance of a shoreline substantial development
permit are as follows. These developments require formal exemption approval by the
Planning and Building Department.
1.
Any development of which the total cost or fair market value, whichever is higher,
does not exceed $2,500, if such development does not materially interfere with the
normal public use of the water or shorelines of the state.
Those developments lawfully established prior to the effective date of the Shoreline
Management Act (RCW 90.58), which was June 1, 1971. Substantial development
started but not completed prior to the effective date of the act shall not continue
without a permit.
Those ongoing developments established after the effective date of the Shoreline
Management Act that have already obtained permits in full compliance with the act
and related rules adopted thereafter, pursuant to WAC 173-27.
Developments undertaken by the federal government on lands owned in fee by the
federal government, unless the federal government grants or reserves to the state or
local government substantial jurisdiction over-activities on those lands.
Construction by an owner, lessee, or ~6nt~actp:urchaser of a single family residence for
the owner's or owner's family's use; provided the residence:
2.
3.
4.
5.
a.
b.
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 (OHWM).
.... ~,
11111111111111111 1111 ~~~:~:~:~
J.".rIC" CC~"tVI WR POPE RESOURCES RESO SI8.BB
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 connected to the use
and enjoyment of a single family residence and is located landward of the perimeter of
a wetland. Normal appurtenances include a garage, deck, driveway, utilities, fences,
and grading that does not exceed 250 cubic yards and which does not involve
placement of fill in any wetland or waterward of the ordinary high water mark.
6.
Normal maintenance or repair of existing lawful structures or developments, including
damage by accident, fire, or elements. Non-conforming uses and developments are
regulated according to WAC 173-27-080. Normal maintenance includes those usual
acts to prevent a decline, lapse, or cessation from a lawfully established condition.
Normal repair means to restore a development to a state comparable to its original
condition within a reasonable period after decay or partial destruction, except where
repair involves total replacement that is not common practice or causes substantial
adverse effects to the shoreline resource or environment.
Common replacement of existing development that has been damaged by accident,
fire, or the elements means:
a.
The new development is essentially the same as the original in location, size,
configuration, and external appearance .
The development was in existence and use at the time of adoption of the
Washington State Shoreline Management Act Gune 1971).
The replacement is completed within two (2) years after damage.
b.
c.
7.
Construction of the normal protective bulkhead common to a single family residence,
provided the bulkhead is constructed at or near, and parallel to, the ordinary high
water mark. A normal protective bulkhead is constructed to protect land from
erosion, not for the purpose of creating land. When a vertical or near vertical wall is
being constructed or reconstructed, not more than one cubic yard of fill per one foot
of wall may be used as backfill. Where an existing bulkhead is being replaced, it shall
be constructed no further waterward of the existing bulkhead than is necessary for
construction of new footings. When ~ bulkhe-ad has deteriorated such that an ordinary
high water mark has been established "by the PIesence and action of water landward of
the bulkhead, then the replacement bulkhead must be located at or near the actual
ordinary high water mark. Beach nourishment and bioengineered erosion comrol
projects may be considered a normal protective bulkhead when any Structural elements
are consistent with the above requirements and when the project has been approved by
the Washington Department of Fish and Wildlife.
24
IIIIIIIIIIIIIIIIIIII"~III~ 'I"'~ ~~:~ ~41
Je"erlon Count v , WA POPE RESOURCES ~:~g4/¡~~~ø~1:40A
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 abatement of the
emergency situation the new structure shall be removed or any permit obtained which
would have been required, absent an emergency, under RCW 90.58 and this Master
Program. As a general matter, flooding or other seasonal events that can be anticipated
and may occur but that are not imminent are not an emergency.
Construction of a barn or similar agricultural structure on shorelands. Construction
and practices normal or necessary for farming, irrigation, and ranching activities
including agricultural service roads and utilities on shorelands, and the construction
and maintenance of irrigation structures, including but not limited to head gates,
pumping facilities, and irrigation channels. However, a feedlot of any size, all
processing plants, other activities of a commercial nature, and alteration of the contour
. of the shorelands by leveling or filling other than that which results from normal
cultivation shall not be considered normal for necessary farming or ranching activities.
A feedlot shall be an enclosure or facility used or capable of being used for feeding
livestock hay, grain, silage, or other livestock feed, but shall not include land for
growing crops or vegetat...m for livestock feeding and/or grazing, nor shall it include
normal livestock wintering operations.
Construction or modification, by or under the authority of the Coast Guard or a
designated port management authority, of navigational aids such as channel markers
and anchor buoys. This exemption does not pertain to rafts, floats, or docks.
Construction of a new dock or placement of a single mooring buoy designed only for
pleasure craft and the private non.commercial use of the owner, lessee, or contract
purchaser of an adjoining single family residence; provided said development does not.
exceed $2,500 in cost or fair market value and provided the mooring buoys do not
extend waterward more than the minus six foot or one fathom tidal elevation as
measured from the mean lower low water. '" ["'See Administrative Interpretation, Page 107]
Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as part of an
irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored ground water from the irrigation of lands.
The marking of property lines or corners on 'state 'owned lands, when such marking
does not significantly interfere with normal'pUblic use of the surface of the water.
Operation and maintenance of any sýstem. oLdikes, ditches, drains, or other facilities
existing on September 8, 1975 (the effective date of an amendment to RCW 90.58),
which were created, developed, or utilized primarily as a part of an agricultural
drainage or dike system.
Any project with a certification from the governor pursuant to RCW 80.50.
Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this Master Program, if:
9.
10.
11.
12.
13.
14.
15.
16.
'J';
17.
IIIIII~IIIIIIIIIIIIIIIIIIII ~~~; ~~,
J.,'.rIOM CO~Mty, WR POPE RESOURCES
a.
b.
The activity does not interfere with the normal public use of the surface waters;
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;
The activity does not involve the installation of any structure, and upon
completion of the activity the vegetation and land configuration of the site are
restored to conditions existing before the activity;
A private entity seeking development authorization under this section first
pOSts a performance bond or provides other evidence of financial responsibility
to the local jurisdiction to ensure that the site is restored to preexisting
conditions; and
The activity is not subject to the permit requirements of RCW 90.58.550 for oil
or natural gas exploration in marine Waters.
c.
d.
e.
The process of removing or controlling aquatic noxious weeds, as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental impact statement
published by the Department of Agriculture or the Department of Ecology jointly
with other state agencies under chapter 43.21C RCW.
Watershed restoration projects as defined herein. Local government shall review the
projects for consistency with the shoreline master program in an expeditious manner
and shall issue its decision along with any conditions within forty-five days of receiving
all materials necessary to review the request for exemption from the applicant. No fee
may be charged for accepting and processing requests for exemption for watershed
restoration projects as used in this section.
18.
a.
"Watershed restoration project" means a public or private project authorized by
the sponsor of a watershed restoration plan that implements the plan or a part
of the plan and consists of one or more of the following activities:
(1) A project that involves less than ten miles of streamreach, in which less
than twenty~five cubic yards of sand, gravel, or soil is removed,
imported, disturbed or discharged, and in which no existing vegetation
is removed except as minimally necessary to facilitate additional
plantings;
A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioe~gineering, including limited use of rock
as a stabilization only at. the toe- of the' bank, and with primary emphasis
on using native vegetatiori. to .control the erosive forces of flowing water;
or
A 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
(2)
(3)
26
19.
c.
20.
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J8"8r8on County, WA POPE RESOURCES RESO 598.00
b.
two hundred square feet in floor area and is located above the ordinary
high water mark of the stream.
"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 and implementation
measures or aCtions for the preservation, restoration, re.creation, or
enhancement of the natural resources, character, and ecology of a stream,
stream segment, drainage area, or watershed for which agency and public
review has been conducted pursuant to chapter 43.21 RCW, the State
Environmental Policy Act.
A public or private projeCt, the primary purpose of which is to Improve fish or
wildlife habitat or fish passage, when all of the following apply:
a.
The project has been approved in writing by the Department of Fish and
Wildlife as necessary for the improvement of the habitat or passage and
appropriately designed and sited to accomplish the intended purpose.
The project has received hydraulic project approval by the Department of Fish
and Wildlife under RCW 75.20.
The local government has determined that the project is consistent with the
local shoreline master program. The local government shall make such
determination in a timely manner and provide it by letter to the project
proponent.
b.
Hazardous substance remedial actions: The procedural requirements of RCW 90.58
shall not apply to a projeCt for which a consent decree, order or agreed order has been
issued under RCW 70.10SD RCW or to the Department of Ecology when it conducts
a remedial aCtion under RCW 70.105D RCW. The department shall, in consultation
with the appropriate local government, assure that such projeCts comply with the
substantive requirements of RCW 90.58, WAC 173-26 and this Master Program.
. --
-. .
~ 1111111111111111 :~~:~:~::,
J.ff.~.on County, WR POPE RESOURCES RESO 69B.00
SECTION 4
SHORELINE DESIGNATIONS
AND PROJECT CLASSIFICATIONS
SUBSECTIONS
4.10
4.20
4.30
4.40
4.50
Shoreline Environmental Designations
Project Classifications
Shorelines of State.wide Significance
Existing Uses and Structures
Classification Table
4.10 SHORELINE ENVIRONMENTAL DESIGNATIONS
The shorelines of Jefferson County, including the City of Port Townsend's shorelines, are
intrinsically different. They have been designated into five categories to provide a uniform
and equitable basis to guide and evaluate development proposals that take place among the
different shoreline areas.
These five shoreline designations are explained below and are graphically portrayed on the
shoreline designation map (see Appendix "B "). The upland shoreline designations (urban,
suburban, conservancy, and natural) include wetlands as defined in this Master Program,
extending to the extreme low tide level. In some instances, the upland may contain dual
environmental designations. These limited instances occur where the area normally
considered upland may accommodate more intense activity than the shoreline proper. The
designation for all water bodies (aquatic) includes all shorelines of the state as defined in this
Master Program. There is an intentional overlapping of the upland and aquatic designation in
the intertidal zone. Projects encompassing the intertidal area will be reviewed for consistency
with both designations.
4.101 AQUATIC
Definition;- ;
The Aquatic designation refers to all water bodies-~ in~luding marine waters, lakes, rivers, and
streams, and their respective water columns and underlying lands that are defined as shorelines
of the state.
28
2.
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Je"erlon County, WA POPE RESOURCES RESO 698.00
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.
Abandoned structures within the Aquatic designation should be removed when they
no longer serve their permitted use unless retaining such structures will provide a net
environmental benefit, for example, artificial reef effect of concrete anchors.
All structures placed on the water's surface should have as low a profile as possible to
minimize visual intrusion.
Potential conflicts with adjacent uses such as commercial fishing, recreation, and
navigation should be considered in the review of proposed aquatic developments.
Developments should not be permitted where they would materially interfere with
exIstIng uses.
Aquatic developments should not locate in areas where the ecological quality of the
shoreline environment would be significantly degraded.
Aquatic 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.
Aquatic developments should make minimal and appropriate use of approved
pesticides, herbicides, antibiotics, vaccines, growth stimulants, or other chemicals.
Operators shall receive prior review and approval for their use from the appropriate
federal and state agencies.
Only Federal and State approved anti-fouling agents should be used in aquatic
developments.
2.
3.
4.
5.
6.
7.
8.
Performance Standards
1.
Structures, equipment, and materials shall be removed as soon as practicable upon the
cessation of a project's operation or a structure's useful life. Any structure that is
damaged or breaks away in the water shall be repaired or removed by the permittee as
soon as practicable. Permittees who anticipate a temporary interruption of the use of a
facility or structure may be allowed to keep it in its permitted location provided they
notify and receive written concurrence from the Jefferson County Planning and
Building Department. Any structure not utilized for over one (1) year shall be
removed regardless of future anticipated use unless prior permission has been granted
by the Jefferson County Planning and Buil~ing Department upon showing of good
cause. -
- ,
Permittees for developments in the Aqu~~ic,~gesignation shall be required to post a
performance bond or other suitable guarantee to ensure removal of all structures,
equipment, and materials, should the project cease operation. The County may
require security beyond that required by the state if it is determined that state
requirements are not adequate to secure removal of structures.
"1
7.
III/II/III IIIIIIIIIIIIIII~III ~ :,~~:.~ ~:~
J.".r,on County, WA POPE RESOURCES RESO 898.;;
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.
Aquatic developments shall not be approved in narrow channels, shipping lanes, or in
other areas where they are a significant hazard to navigation.
All structures that could interfere with navigation shall be marked in accordance with
the U.S. Coast Guard Private Aids to Navigation.
The maximum level for noise generated in the Aquatic designation shall be 50 dBA at a
distance of 100 feet. This standard shall not apply to vessels that are underway. All
feasible methods shall be employed to minimize over.water noise generation.
Structures placed in the Aquatic designation shall blend into the surroundings to the
greatest extent feasible utilizing appropriate color(s), texture, non-reflective materials,
and other design characteristics.
4.
5.
6.
4.102 NATURAL
Definition
A shoreline possessing unique or fragile features either natural or cultural, that are essentially
unaltered from their natural state or relatively intolerant of human use other than that for
passive activities. Included are those areas containing hazardous or unique environmental
conditions, such as highly erosive bluffs, tidal marshes,. estuaries, and active landslides.
Policy
Aquaculture developments and mechanized harvest practices involving substantial substrate
modification through dredging, trenching, digging, or adverse sedimentation should be
prohibited in wet lands and estuaries which are Natural environmental designations in this
Master Program.
4.193 CONSERVANCY
Definition
An area with valuable natural, cultural, or historical resources or environmental conditions
that should be protected, conserved, and managed to the extent that a continual supply of
those resources such as soil, Water, timber, fish,. shellfish; or wildlife are not degraded or
depleted but are maintained. Also included are åreas containing sensitive environmental
conditions that may limit the potential for develop11J.~nt or use, including but not limited to
steep slopes, flood prone areas, eroding bluffs, marshes, bogs, swamps, and accretion shore
forms. Low density residential and recreational uses are permitted provided these activities do
not significantly degrade or deplete resources and respect limiting environmental condition.
30
11111111111 ~ 11111111 ~:,5:'?f~1
J.ff.rlon County, WR POPE RESOURCES =~~g4/~~~~0~1 :40R
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, but usually where densities
permit space for small numbers of livestock, gardens, or wood lots. These areas are served by
individual or community water supplies, but generally are not linked with utilities from an
urban center. Commercial activities to serve the needs of the immediate area are considered
an integral part of this designation.
Policy
To provide permanent residential and recreational areas outside of urban areas, so long as
development of these areas provides adequate facilities for sewage disposal, water supply, open
space, and the like without severe degradation to the lifestyle that was sought initially.
4.105 URBAN
Definition
The urban environment is an area of high intensity land use, including residential,
commercial, and industrial development. Urban shorelines should be designated for high
intensity use or multifamily residential development. The urban designation may also be
applied to areas of lower intensity use where the surrounding land use is urban and urban
-services are available.
Policies
3.
Development in urban areas should be managed so it enhances and maintains the
shoreline for a variety of urban uses, with preference given to water dependent and
water related uses. Water-enjoyment use_s that' - provide access to and enhance
enjoyment of the shoreline for a sub,stantiarnumber of persons should also be given
priority in urban areas. . - - . -,
Efficient utilization of existing urban areas in a manner consistent with this program is
encouraged before further expansion into non-urban areas occurs.
Pedestrian and visual access should be provided to and along the urban waterfront area.
Public access to and along the water's edge should be coordinated in a walkway system
and linked to adjacent existing or future walkways.
1.
2.
2.
3.
4.
5.
~ I~ III ~ II ~IIIIIIII ~4~~~'~ ~~
Je"er,on County, WR POPE RESOURCES RESO 8iB.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.
Development in urban areas should preserve and enhance significant architecture and
histOric buildings.
Unique natural features of the urban shoreline, such as bluffs, dunes, and wet land
areas, should be preserved and protected.
Parking facilities should be located on the upland side of buildings away from the
shoreline.
Internal and perimeter landscaping should be incorporated and maintained to screen
parking facilities from the shoreline and adjacent properties.
Development within the shoreline urban area should be consistent with other adopted
plans, programs, or policies.
5.
6.
7.
8.
9.
Performance Standards
1.
Development shall be limited to those uses which can be classified as a water-
dependent, water-related or water-enjoyment use. Non-water-oriented development,
while not preferred, may also be authorized as a conditional use provided said
development recognizes the public access directive of the Shoreline Management Act
and makes provisions for the public's continued and enhanced enjoyment of the
shoreline. Such provisions could be the preservation of shoreline views, the
establishment of a public access easement across and to the shoreline, enhancement of
an adjacent street.end or park, or Other consideration commensurate with the degree of
impact caused by the development.
Provisions to enhance the public's use and enjoyment of the shorelines and waters of
the state shall be included with new substantial developments or any change in
principle property use to a new conditional use occurring along the shoreline.
Public access provisions shall:
a.
Be of a permanent nature and shall be dedicated or otherwise prOtected,
including recorded with the Jefferson County Auditor.
Consider, in design and availability, measures to protect private property from
trespass, vandalism, littering, and the like.
Be suitably marked to as to inform the public as to the extent, location, and
availability of the access.
Be completed and available ~or ptibiic use at the time of occupancy of the
development. "'-,
b.
c.
d.
All development shall be setback at least fifteen (15) feet from the ordinary high water
mark except those portions of water.dependent uses which require water access or a
shoreline location, or as provided in Section 4.106(3).
Unique natural features in the urban shoreline area, such as bluffs, dunes, and wet land
areas, shall be preserved and protected.
32
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J.ff.rlon County, WA POPE RESOURCES RESO 59B.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.
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.
No fence, wall, hedge, or barrier greater than forty-two inches in height shall be placed
or enlarged nearer to the water than the building setback line. No fence, wall, or
similar structure shall be placed waterward of the ordinary high water mark.
No development shall be approved for any new or expanded building or structure of
more than thirty-five feet above average grade level that will obstruct the view of a
substantial number of residences adjoining the shoreline area.
Run~off created by new impervious surfaces shall not increase the rate of flow or
decrease the quality of storm water from pre-project conditions.
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.
Developments shall be designed so as not to block, adversely interfere with, or reduce
the public's visual and physical access to the water and shorelines of the state.
8.
9.
10.
11.
12.
4.106 PORT TOWNSEND URBAN WATERFRONT SPECIAL DISTRICT
Definition
Within the urban shoreline environment is the Special District designation of the Port
Townsend Urban Waterfront. This district encompasses and includes the commercial boat
basin on Thayer Street on the southwest to the Point Hudson Resort area on the northeast,
including that portion fronting Admiralty Inlet. In addition to the policies and standards that
follow, the Special District is subject ro the policies and standards contained in the urban
. shoreline environment (Subsection 4.105). The district is the most intensely developed
waterfront area in the city and includes two major marinas, water dependent and related
commercial and industrial uses, as well as the Water Street National Historic District.
The Water Street National Historic District extends from Polk to Jackson Streets. This area is
the urban commercial core of the community and is dominated by activities and businesses
that are not dependent on a waterfront location. However, water-related and water
enjoyment activities do exist in the form of parks,:restaurants, street-end beaches, and piers
that afford the public an opportunity to enjoy'the}oV[I).'s shoreline amenity.
Policies
1.
A mixture and variety of uses and activities in the Port Townsend Urban Waterfront
District is encouraged, particularly those that:
~ ~
3.
1111111111111111111 :~~~:~:j,
Jefferlon County, WA POPE RESOURCES REBO S98.00
a.
Provide an opportunity for the public to actively or passively enjoy the
community's waterfront amenity.
Are accessory to or suPPOrt water dependent and/or water related uses.
Blend with or enhance the character and flavor of the Port Townsend Urban
\Vaterfront.
Provide a physical link or connection open to the public between the upland
and the shoreline.
Are supportive and reinforcing of the design and architectural qualities of the
\Vater Street National Historic District when located within or adjacent to its
boundaries.
b.
c.
d.
e.
2.
A public pedestrian walkway system should be established along the Special District's
waterfront utilizing a combination of natural beaches, boardwalks, piers, wharves,
street-ends, ,sidewalks, stairways, Or other improvements. Although it may not be
feasible for the walkway system to be continuous throughout the entire area, it should
promote quality pedestrian access to and along major portions of the waterfront. The
street-ends of Thayer, Decatur, Kearney, Gaines, SCOtt, Walker, Calhoun, Tyler,
Adams, Quincy, and Monroe Streets should, at a minimum, become developed access
points to the shoreline. Linkage between these street-ends should be determined by
the physical characteristics of the shorelines, existing development patterns, potential
for structural improvements, and other factors relevant to developing a continuous
pedestrian system.
Existing piers and wharves along the POrt Townsend Special District's waterfront
should be refurbished or rebuilt in order to maintain a modern-day link with the
community's maritime histOry. The refurbishment or redevelopment of existing
structures may include a planned mixture of commercial development consistent with
community and shoreline goals; however, new over-water structures shall only be
developed to serve water dependent uses.
3.
Performance Standards
1.
New structures or exterior alterations of existing structures located within or
immediately adjacent to the Water Street National Historic District shall not detract
from the design and architectUral integrity of the district. To this end, plans for
development shall include exterior elevations with enough design details to be
evaluated by appropriate historic preservation agencies.
Public access provisions shall include consideration for both physical and visual access
to the shoreline. Said provisions sha!l be co~rdinated with the Port Townsend Parks
Department and planned in conjunctioIlo wiçb an approved comprehensive public
access plan, when adopted, and shall provide a link between the shoreline and upland
and/ or connect with adjacent access provisions as exists or are planned.
The setback for nonwwater dependent elements of developments within the Port
Townsend Urban Waterfront Special District shall be a minimum of fifteen (15) feet
from the ordinary high water mark, except for those structures within the Water Street
2.
34
4.
5.
IIII mil III m 1111 ~ ~~¡~~~~~~
Jefferlon County, WA POPE RESOURCES RESO ~8e.øø
National Historic District where there is no standard minimum setback from the
ordinary high water mark.
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).
The redevelopment and revision of existing wharves and piers may be permitted to
serve water dependent or water related uses. Water enjoyment and non-water oriented
uses may be authorized as conditional uses on these structures, provided such uses are
integrated elements to an overall redevelopment plan meeting all of the following
conditions:
a.
The redevelopment is to an existing, contributing structure within the Water
Street National Historic District as recognized by the National Trust for
Historic Preservation.
The structure is recognized by appropriate historic preservation agencies as
having local and state-wide historic significance.
The structure has an established history of mixed uses, both water oriented and
non-water oriented uses.
The redevelopment does not exceed the structure's historic, over-water
footprint.
Buildings and other structures located on the wharf or pier are approved by
appropriate historic preservation agencies as being compatible and reinforcing
of the architectural integrity of the historic district.
A significant element or component of the developed area is dedicated to water
dependent and water-related uses.
At least one-third of the pile supported structure including a perimeter
walkway is dedicated for public access and enjoyment of the shoreline. All
public access provisions shall be completed and available for public use upon
completion of the first component of the development. .
The redevelopment will not result in a reduction in the amount of physical
public access to and over the water as currently exists.
The City of Port Townsend shall be a party to a binding agreement to
guarantee that public access and enjoyment provisions are continuously
maintained.
b.
c.
d.
e.
f.
g.
h.
1.
4.20 PROJECT .~LASs.iFICA TIONS
--
Development proposals are categorized within each shoreline designation as primary,
secondary, conditional, or prohibited uses. This priority system determines the proposals
administrative requirements and encourages activities that are compatible with each shoreline
designation. In all cases, the applicant shall have the burden of proof to show consistency
with the provisions of the Act and this Master Program.
"1:';
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Je"erlon Countv, WA POPE RESOURCES IS/14/2111 11:41A
. RESO S8S,Øl
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 resulting tOtal
effect will not thwart the intent and policies of the particular shoreline environmental
designation, nor result in substantial degradation of the shoreline itself.
4.201 PRIMARY
Definition
In general, those categories of uses that are deemed as being preferable with the definition and
policy of a particular shoreline designation.
Criteria
Primary uses are presumed to be generally consistent with the policies and definition of the
shoreline designation where it is located. Projects will be reviewed for consistency with
specific goals and policies and must comply with the performance standards specified for the
particular type of development being reviewed.
4.202 SECONDARY
Definition
Those uses that are not automatically deemed as being preferable within the scope of the
definition or policy of a particular shoreline environmental designation.
Criteria
Applicants for shoreline substantial development permits for secondary uses will have the
burden of proof to demonstrate that:
1.
The proposal will not be contrary to the general intent of the Shore.line Management
Act, nor shall it be contrary to the goals, 'pó1icies, and performance standards of this
Master Program. . - ',' -
The proposed project will not materially interfere with the public use of public lands
and waters or the private use of adjacent private lands.
The proposed project will not cause unnecessary adverse effects on the environment or
other properties and will be compatible with other permitted uses in the area.
2.
3.
36
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J.".rlon Co~ntvi WA POPE RESOURCES RESO 69B.00
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 allow for flexibility
and the exercise of judgment in the application of regulations in a manner consistent with the
policies of the act and this Master Program. Requests for a variance from the uses allowed
within a shoreline designation shall be evaluated as a conditional use subject to the criteria of
this subsection, provided uses which are prohibited shall not be authorized. A change of use
from a permitted use to a conditional use requires a conditional use permit.
Criteria
Applicants for shoreline conditional use permits. shall have the burden of proof to
demonstrate that they are in conformance with WAC 173-27~160, as amended, and all of the
following:
1.
That the proposed use is consistent with the policies of RCW 90.58.020 and the
policies of the Master Program.
That the proposed use will not interfere with the normal public use of public
shorelines.
That the proposed use of the site and design of the project is compatible with other
permitted uses within the area.
That the proposed use will cause no unreasonable adverse effects to the shoreline
environment in which it is to be located; and
That the public interest suffers no substantial detrimental effect. In those limited
instances where a conditional use is proposed, consideration shall be given to the
cumulative impact of additional requests for similar actions in the area.
2.
3.
4.
5.
Furthermore, the Shoreline Management Act requires that permits f~r variances and
conditional uses must be submitted to the Washington State Department of Ecology for final
approval.
In authorizing a conditional use permit, special conditions may be required by Jefferson
County, the City of Port Townsend, or the Washington State Department of Ecology to
control or prevent adverse effects of a project or ;to further the policies of the Shoreline
Management Act and this Master Program. --.-
4.204 PROHIBITED
Some developments and uses by their nature are not consistent with the definition, policies, or
intent of certain shoreline environmental designations. For the purpose of this program, these
uses are not considered appropriate or applicable, therefore, they are not allowed. Uses that
I~IIIIIIIIIIIIII~IIIIIIIIIIIIIIIII ~.~~~~~~
J8"8rlon County, WR POPE RESOURCES RESO 698.00
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 including the
applicant's additional burden to demonstrate that extraordinary circumstances preclude
reasonable use of the property consistent with the provisions of the Master Program. Appeals
from the administrator's decision may be made under the provisions set forth in Section 9 of
this Master Program.
4.30 SHORELINES OF STATE-WIDE SIGNIFICANCE
Definition
Shorelines of state-wide significance, with respect to Jefferson County and the City of Port
Townsend, are identified as:
1.
Those lakes, whether natUral, artificial, or a combination thereof, with a surface
acreage of one thousand acres or more measured at the ordinary high water mark,
including their associated wetlands.
Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca
between the ordinary high water mark and the line of extreme low tide, which are
Hood Canal from Tala Point to Foulweather Bluff. south to the Mason-Jefferson
County line. including their associated wetlands.
Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt Waters,
north to the Canadian line and lying seaward from the line of extreme low tide.
Those natural rivers or segments thereof downstream from a point where the mean
annual flow is measured at one thousand cubic feet per second or more. In Jefferson
County these rivers, including their associated wetlands. are:
2.
3.
4.
a.
The Clearwater River from the confluence of Miller Creek within Section 27,
Township 25 North, Range 12 West. WM, downstream. excluding federal
lands. to the Quinault Indian Reservation within Section 29. Township 24
North. Range 10 West. WM.
The Hoh River from the Olympic National Park boundary within Section 29,
Township 27 North. Range 10 Wesf..: WM; downstream to the Hoh Indian
Reservation within Section 20;'Towns4ip 26 North, Range 13 West, \'ÇM.
The Quinault River from the east seCtion line of Section 33, Township 24
North, Range 8 West. WM, downstream to the Hoh Indian Reservation within
Section 20, Township 27 North. Range 13 West, WM.
b,
c.
All development within shorelines of state-wide interest shall meet the following policies
listed in descending order of preference:
38
~ IIIIIIII ~ ~IIIII ~ :~~~"~~~~,
Jefferlon County, WR POPE RESOURCES RESO e08.00
Policies
l.
2.
3.
4.
5.
6.
7.
Recognize and protect the state-wide interest over local interest.
Preserve the natural character of the shoreline.
Result in long term over short term benefit.
Protect the resources and ecology of the shoreline.
Increase public access to publicly owned areas of the shorelines.
Increase recreational opportunities for the public in the shorelines.
Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
Performance Standards
1.
All proposed developments within shorelines of state.wide significance shall comply
with the appropriate provisions of this Master Program.
Forest management development and activities situated within two hundred feet
abutting landward of the ordinary high water mark within shorelines of state-wide
significance shall only employ selective timber cutting so no more than thirty percent
of the merchantable trees may be harvested in any ten year period of time; provided
other timber harvesting may be permitted in those limited instances where the
topography, soil conditions, or silvicultural practices necessary for regeneration render
selective timber cutting ecologically detrimental; provided further that clear cutting of
timber that is solely incidental to the preparation of land for other uses authorized by
the Shoreline Management Act and this Master Program may be permitted.
2.
4.40 CLASSIFICATION TABLE
The environmental designation and developments and uses matrix on the following page
provides a graphic representation of the policies and performance standards contained in this
. Master Program by indicating project classifications.
The matrix lists various uses that can occ~r within the shoreline environment on the left
column. Environmental designations (obtained from Appendix "A" and liB" for any specific
location in the county or city) are listed across the top. The classification is determined by
following a use line and a designation line to their mutual intersection.
The classification of a project determines the level oI.-review that it will receive. The matrix
provides a guide for the classification of proj~ct p~QPQ§als.
')9
ENVIRONMENTAL URBAN SUBUR~ CONSER- NATURAL AQUA TIC*
DESIGNATIONS BAN VANCY
ADVERTISING
On~premise S S S X C
Off-premise C C C X X
AGRICULTURE S S P C N/A
AOUACUL TURE
Passive Enhancement P P P C P
Extensive Upland P S S X N/A
Extensive Intertidal P S P S** t--
Extensive Subtidal S S S S** +-
Intensive Upland P S S X N/A
Intensive Subtidal S S S S** t--
BOAT LAUNCHES P P S C +-
COMMERCIAL
Water-related P S S X +-
and/or dependent
and/or enjoyment
Non-water dependent C C C X X***
DOCKS, PIERS, AND S S S C t--
FLOATS
DREDGING S S C X +-
FOREST MANAGEMENT S P P C N/A
INDUSTRIAL AND PORT
FACILITIES
Water related P S C X +-
and/or dependent
Non-water dependent S C C X X
LANDFILLS
Upland P P S X N/A
Aquatic S C C X +-
MARINAS P S C X +-
MINING C C C X +-
MOORING BUOYS S P P C t--
PARKING FACILITIES
Vistas S P P C C
Non-vistas S S C C C
RECREATIONAL FACILITIES
Over-night P S S X X
Day use P P S C +-
RESIDENTIAL p P S X X
DEVELOPMENT
SCIENTIFIC AND P P P S +-
EDUCATIONAL FACILITIES
SHORE DEFENSE WORKS S S S C C
TRANSPORTATION P S -, '_: C C +-
-.
FACILITIES
UTI LlTI ES P S C C C
P - Primary
N/A - Not Applicable
S - Secondary
C - Conditional
+- - Same as upland
X - Prohibited
* 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
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SECTION 5
POLICIES AND PERFORMANCE
STANDARDS
SUBSECTIONS
5.10 Advenising
5.20 Agriculture
5.30 Aquaculture
5.40 Boat Launches
5.50 Commercial Development
5.60 Docks, Piers, and Floats
5.70 Dredging
5.80 Forest Management
5.90 Industrial and Pan Facilities
5.100 Landfills
5.110 Marinas
5.120 Mining
5.130 Mooring Buoys
5.140 Parking Facilities
5.150 Recreational Facilities
5.160 Residential Development
5.170 Scientific and Education Facilities
5.180 Shore Defense Works
5.190 T ransponation Facilities
5.200 Utilities
The final guidelines of the Shoreline Management Act rw AC 173-16) established a format,
including tOpics and broad definitions, for a number of potential developments and uses that
could take place in the shoreline environment. The function of this section is to establish
policies and performance standard for those activities. All shoreline developments and uses
are required to comply with these policies and standards when conducted within the
geographical jurisdiction of this Master Program '-whether or not a shoreline substantial
development permit is required. This section, thró~gh the administration of shoreline permit
applications, implements the goals and policies 'of the Shoreline Management Act and this
Master Program as well as the definition and policies of each shoreline environmental
designation.
Although a 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
11111111111111111111 ~~~~~ ~~
Je"er.on County, WR POPE ~ESOU~CES ~ESO SIS.II
permit approval. A shoreline variance permit is required (0 deviate from the minimum
performance standards set forth herein unless specifically stated ot:herwise.
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
Publicly displayed messages on signs, billboards, placards, or buildings that directs anention to
promotion of a business, service, or product. On-premise advertising is that which is actually
located on the site of the business of service advertised.
Prohibited Uses and Activities
1.
2.
Off-premise advertising signs and billboards.
Flashing and blinking signs.
Policies
1.
Off-premise outdoor advertising signs should be limited to areas of high intensity land
use such as commercial and industrial areas outside the shoreline jurisdiction.
Outdoor advertising, signs and billboards should be in conformance with the standards
of Jefferson County and the City of Port Townsend.
Vistas and viewpoints should not be degraded and visual access to the water from such
vistas should not be impaired by the placement of signs.
Outdoor advertising signs should be located on the upland side of public
transportation routes that parallel and are adjacent to rivers and water bodies, unless it
can be demonstrated that views will not be substantially obstructed.
Artificial lighting fo~ signs or security shall be directed or beamed away from the
Water, public streets, or adjacent properties so as to not cause glare or reflection that
may constitute a hazard or nuisance.
2.
3.
4.
5.
Performance Standards
1.
Recognized or officially delineated vistas ::.or viewpoints shall be kept free of
unnecessary SIgns. .~:....'
Off-premise outdoor advertising signs arid billboards are not permitted in the two
hundred foot shoreline jurisdictional area.
On-premise advertising signs shall be constructed against or painted on buildings to
minimize visual or access obstruction of the shoreline.
2.
3.
42
IIIIIIIIIII~ 111l1li111111 ~:'~:~~1
J.".rlon County. WA POPE RESOURCES =:~~4/~~~~ø~1 :40A
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.
ArtiEiciallighting 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.
Flashing and blinking signs are not permitted on the shoreline area. No sign or pan
thereof shall consist of banners, posters, streamers, spinners, or other similar moving
devices.
No signs shall be constructed or operated in a manner that obscures or detracts from
the effectiveness of navigational aids.
5.
6.
7.
5.20 AGRICULTURE
Definition
The cultivation of soil, production of crops, or the raising of livestock.
Policies
1.
Soils that are well.suited fqr agriculture, resources production, and open space should
be protected.
Erosion control measures should conform to guidelines and standards established by
the u.s. Soil Conservation Service and U.S. Department of Agriculture.
Buffer zones on permanent vegetation should be encouraged between tilled areas and
associated water bodies in order to retard surface runoff, reduce siltation, and promote
valuable shade for fish habitats.
Vegetative cover in areas subject to frequent flooding should be encouraged.
Pesticides should be used, handled, and disposed in accordance with provisions of the
Washington State Pesticide Application Act (RCW 17.21) and the Washington State
Pesticide Act (RCW 15.57) to prevent contamination and sanitation problems.
Livestock waste should be disposed in a manner that will prevent surface or ground
water pollution.
Commercial feedlots should be restricted from locating on shorelines unless they can
satisfactorily demonstrate no adverse environmental effects.
2.
3.
4.
5.
6.
7.
Performance Standards
- -
1.
Erosion control measures shall confo¡ffi t9- guidelines and standards established by the
U.S. Soil Conservation Service and the U.S. Department of Agriculture.
Pesticides shall be used, handled, and disposed in accordance with provisions of the
Washington State Pesticide Application Act (RCW 17.21) and the Washington State
Pesticide Act (RCW 15.57) to prevent contamination and sanitation problems.
Livestock waste shall be disposed in a manner that will prevent surface or ground
water contamInatIon.
2.
3.
11111111111111111111 :~~:'?:~:;A
J.".rlon County, WA POPE RESOURCES RESO 688.00
4.
Feedlots, corrals, srockyards, or facilities for the retention or storage of wastes from
these areas are prohibited unless it can satisfacrorily be demonstrated that no adverse
environmental effects will result from such uses.
Watering for livestock along creeks, streams, rivers, and lakes shall demonstrate that:
5.
a.
b.
No other feasible watering method is available;
Adequate provision are made to ensure existing water quality; and
Adequate provisions are made to prevent erosion of soils and destruction of
vegetatlOn.
c.
6.
Buffer zones or permanent vegetation shall be established and/or maintained between
tilled or grazed areas and associated water bodies to retard surface runoff, reduce
siltation, and promote valuable shade and habitat for fish Or other wildlife.
SECTION 5.30 AQUACULTURE
Definition
Aquaculture is the farming or culturing of aquatic organisms.
Aquaculture encompasses a wide variety of activities including hatching, seeding, planting,
cultivating, feeding, raising, and harvesting of plants and animals. These activities may have
widely differing impacts on the aquatic and shoreline environment. Those activities which do
not meet the definition of development in this Master Program, such as beach culturing and
hand harvesting, are not subject to the shoreline permit requirements of the Shoreline
Management Act and this Master Program.
Intensive aquaculture development is the rearing within structures of aquatic organisms that
are fed by the operator. Intensive aquaculture developments produce wastes in the form of
feces, urine, and unconsumed feed that may affect the bottom environment and water quality.
Extensive aquaculture development is the rearing within structures of aquatic organisms
that feed on a naturally-occurring food supply.
Passive aquaculture is the non-structural cultivation and/or harvest of naturally occurring or
artificially seeded aquatic organisms that feed on a naturally occurring food supply.
Passive aquaculture may include the cultiva~ion and/or harvest of clams, oysters, geoducks,
ghost shrimp and other organisms in intertidál or .subtidal areas.
Passive aquaculture may also include measures to maintain or enhance the natural habitat
characteristics necessary for successful propagation and growth of cultivated or wild aquatic
organisms. On marine shorelines these measures could include adding gravel to shellfish beds
in order to improve shellfish habitat or creating artificial reefs. In streams or rivers these
measures could include excavating pools, placing stream bed control structures, or adding
44
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J8"8rlon County, WR POPE RESOURCES RESO 598.00
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. The upland area is
landward of the ordinary high water mark.
Aquaculture is further divided into floating aquaculture, where organisms. are suspended in
water by pens, nets, or lines; seabed aquaculture where organisms are cultivated and
harvested along the bed of a body of water; and upland aquaculture where organisms are
grown landward of the ordinary high water mark.
For the purposes of these regulations, related development such as offices, wholesale and retail
sales, processing, packaging, and product storage facilities are not considered aquaculture
practices and shall be reviewed as commercial development when conducted within the
shoreline jurisdiction.
Bleeding of fish shall not be considered as processing if blood is collected on-site and then
disposed of upland consistent with applicable. regulations.
Policies
1.
Jefferson County encourages aquaculture that is consistent with the County's goals of
maintaining water quality and minimizing incompatible uses.
Potential locations for aquaculture developments are limited due to factOrs such as
water quality, water temperature and depth, substrate, dissolved oxygen, wave action,
and in marine water, salinity. Priority should be given to aquaculture development in
areas suitable for it, so long as those operations do not materially interfere with
existing activities or degrade natural resources.
Aquaculture developments should locate in areas where biophysical conditions, such as
tidal currents and water temperature and depth will minimize environmental impacts.
Potential conflicts with adjacent uses such as commercial fishing, recreation, and
navigation should be considered in the review of proposed aquaculture developments.
Developments should not be permitted where they would materially interfere with
exlstlllg uses. -
Consideration should be given to - the pbsiè-iye or negative effects that aquaculture
developments may have on the aesthetic quality of the shoreline.
Aquaculture developments should be sep~~ate-d by a sufficient distance to ensure that
significant adverse cumulative effects do not occur.
Aquaculture developments should not locate in areas where the ecological quality of
the shoreline environment would be significantly degraded.
2.
3.
4.
5.
6.
7.
.1-5
14.
1.
111111111111111111111 ~~~~.?;~¡,
J.".rlon County, WA POPE RESOURCES RESO &98.00
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.
Aquaculture developments should nor 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.
Preference should be given to technologies that minimize adverse impacts to
navigation and to the ecological and aesthetic quality of the state's shorelines.
Aquaculture developments which require structures should be prohibited in wet lands
and estuaries that are natural environmental designations in this Master Program.
Aquaculture activities should make minimal and appropriate use of approved
pesticides, herbicides, antibiotics, vaccines, growth stimulants, or other chemicals.
Only Federal and State approved anti-fouling agents should be used in aquaculture
developments.
Established aquaculture operations should be protected from incompatible uses which
may seek to locate nearby. Demonstration of a probability that such an adjacent use
would result in damage to, or destruction of such an aquaculture operation should be
grounds for the denial of that use.
9.
10.
11.
12.
13.
Performance Standards
Applications for shoreline permits for aquaculture developments shall provide relevant
information as follows:
a.
ALL AQUACUL TORE DEVELOPMENTS
Applications for shoreline permits for all aquaculture developments shall
include a management plan which shall contain a description of:
(1) Existing shoreline and bathymetric features;
(2) Schedule of development;
(3) Species to be cultured and their sources;
(4) Culture methods;
(5) Types and dimensions of structures;
(6) Estimated pounds, numbers, or volume to be harvested per year and
maximum pounds, numbers, or volume to be cultured at any time.
Peed type and amount and feeding method, if applicable.
Types, quantities and treatment schedules for proposed use of pesticides,
herbicides, hormones antibiotics, vaccines, or other chemicals.
Predator control meth()ds. '-. :~,:
Anticipated levels of noise, lig~~, and odor and plans for minimizing
their impacts. '," --
(II) 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.
I
; I
(7)
(8)
(9)
(10)
46
III~IIII~ 1111\ I~III~I III \~I ~IIIIIIIIII ~~~~~~~:¡,
J.".r'o" COU"ty, WR POPE RESOURCES RESO 698.00
b.
(12) Jefferson County shall reserve the right to require additional
information as deemed appropriate.
EXTENSIVE INTERTIDAL AND SUBTIDAL AQUACULTURE
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 including eel grass, kelp beds,
and macro algae.
Description of tidal current velocities and directions and the magnitude
and direction of prevailing storm winds and waves.
INTENSIVE SUBTIDAL AQUACULTURE DEVELOPMENTS
Applications for shoreline permits for intensive subtidal aquaculture
developments shall include a site characterization and baseline survey if
required by the Recommended Interim Guidelines for the Management of
Salmon Net Pen Culture in Puget Sound, the Preferred Alternative of the Final
Programmatic EIS for Fish Culture in Floating Net-Pens, or subsequently State
approved documents.
INTENSIVE AND EXTENSIVE UPLAND A QUA CULTURE
D EVELO PMENTS
Applications for shoreline permits for intensive and extensive upland
aquaculture developments shall provide a detailed analysis of potential impacts
to animals, plants, and water quality due to the discharge of waste water from
the development in conformance with the applicable Washington State
Department of Ecology waste water discharge permit.
Applications for shoreline permits for floating aquaculture development shall
include a visual assessment conforming to the Washington State Department of
Ecology's Aquaculture Siting Study and a photo or computer simulation
demonstrating the development's appearance from the nearest shore, from atop
the nearest shore bank, and from typical shore and bank-top view points, if
any, within 1,500 feet. Delayed release enhancement facilities which are sited in
existing marinas shall not be required to provide this information.
Applications for shoreline permits for subtidal aquaculture developments shall
provide proof of application for an aquatic lands lease from the Washington
State Department of Natural Resources.
Applications for the mechanical or hydraulic harvesting of subtidal and
intertidal benthic infauna such as hardshell clams or geoducks shall provide a
written assessment for each tract area <7ontairiing the following information:
(1) Tract size and location;, - '~.-
(2) Harvesting techniques; -'. -.
(3) 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 directi.on and velocity;
(2)
c.
d.
e.
f.
g.
,1.7
11111111111111111111 ~~.~~~:~~,
J.".rlon County, WR POPE RESOURCES RESO 698.00
(9)
Proposed method for marking tract boundary.
2.
Operators of aquaculture developments shall provide relevant reports as follows:
a.
EXTENSIVE INTERTIDAL AND SUBTIDAL AQUACULTURE
D EVELO PMENTS
Operators of extensive intertidal and subtidal aquaculture developments shall
submit to the Jefferson County Planning and Building Department:
(1) Copies of any regular reports required by the Washington State
Department of Fisheries regarding environmental assessment;
Timely notification of mortalities above the predicted rate and the likely
cause.
INTENSIVE SUBTIDAL AQUACULTURE DEVELOPMENTS
Operators of intensive subtidal aquaculture developments shall submit the
following to the Jefferson County Planning and Building Department:
(1) Copies of reports detailing the findings of regular monitoring as
required by the Recommended Interim Guidelines for the Management
of Salmon net Pen Culture in Puget Sound, the Preferred Alternative of
the Final Programmatic (EIS) for Fish Culture in Floating Net.Pens,
National Pollutant Discharge Elimination System permits (NPDES) or
subsequently adopted documents;
Timely notification of mortalities above the expected rate and the likely
cause.
Application records of any chemicals used in conjunction with the
operation including feed hormones or additives for disease control, tank
cleaning chemicals, oil or other hazardous material.
(2)
b.
(2)
(3)
3.
Aquaculture developments shall not be approved in narrow channels, shipping lanes,
or in other areas where they are a significant hazard to navigation.
Applicants for floating aquaculture developments shall demonstrate through a visual
assessment that the development would have no significant adverse impact on the
aesthetic quality of the shoreline.
Floating aquaculture developments shall be sited and oriented in a manner that most
effectively disperses their waste products and minimizes water quality degradation.
Aquaculture developments should be separated by a sufficient distance to ensure that
significant adverse cumulative effects do not occur.
Intensive aquaculture developments shall be sited no closer than two (2) nautical miles
from the mouths of Type 1 rivers and stie~ms and one nautical mile from Type II
streams provided that a lesser stan:éiard. m~ prevail based on a finding by the
Washingron Department of Fisheries that no adverse impact would result. Delayed
release finfish developments, hatcheries, and upland tank farms shall be exempt from
this regulation.
Applicants for aquaculture development shall demonstrate that the proposal will not
result in adverse effects to estuaries that are designated Natural in this Master Program
or to the Protection Island National Wildlife Refuge.
4.
5.
6.
7.
8.
48
9.
10.
11.
12.
13.
14.
20.
21.
IIIIIII ~ 111111111111 ~~~~?\~:~
Jefferla" Cau"ty, WA POPE RESOURCES RESO e9S.øø
15.
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.
Intensive subtidal aquaculture developments shall not be located within 1,500 feet of
bird and mammalian habitats of special significance including seal and sea lion haulom
areas, seabird nesting sites or colonies, and areas is specifically identified as critical for
feeding or migration of birds and mammals.
Aquaculture developments shall be located so as not to materially interfere with
navigational access to waterfront property and public recn~ation areas.
Aquaculture developments shall obtain all required state and federal waste discharge
permits prior to commencing operation. Copies of all waste discharge permits shall be
provided to the Jefferson County Planning and Building Department.
Aquaculture developments shall be designed and constructed to harmonize insofar as
possible with the local shoreline environment. Aquacultural structures and equipment
shall be of sound construction and shall be so maintained. Abandoned or unsafe
structures and equipment shall be removed or repaired promptly by the owner.
Maximum surface area encompassed by intensive subtidal aquaculture developments
shall not exceed two (2) acres.
Reflected glare or direct light generated by aquaculture developments other than that
produced by navigational aids shall be minimized to the greatest extent possible.
Lighting fixtures shall be designed and hooded to prevent the light source from being
directly visible from outside the boundaries of the property. The intensity or
brightness of all security lighting shall not adversely affect water areas and vessel traffic
or the use of surrounding properties or adjacent rights-of-ways.
The operators of aquaculture developments shalløcontrol odor through the proper
storage and disposal of feed and other organic materials and by maintaining a clean
operation. A specific plan for identifying and controlling odors shall be developed and
approved as part of the permit approval process.
Overwater structures appurtenant to floating aquaculture developments such as work
shelters, sleeping quarters, and storage sheds shall be prohibited. An attendant
workboat which is used for regular navigation and also provides the above functions
and sanitary facilities may be approved and conditioned.
Total height of floating structures and associated equipment shall not exceed six (6) feet
in height above the water's surface. , -, ~
Only non-lethal predatOr control measures sq.~ll be used against birds and mammals.
Predator control methods shall comply with appropriate federal and state rules.
Aquaculture activities shall make minimal and appropriate use of approved pesticides,
herbicides, antibiotics, vaccines, growth stimulants, or other chemicals. OperatOrs
shall receive prior review and approval from the appropriate federal and state agencies.
Only state and federal approved anti-foulants shall be used in aquaculture
developments.
16.
17.
18.
19.
'.,9
26.
27.
28.
22.
Ilm~ IIIIIII~ IIUIII 1111 ~ 111/1/ ::~~~~ ~:~
J""rlon County, WR POPE RESOURCES RESO 698.00
23.
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.
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 of this Master
Program when located within the shoreline jurisdiction.
Proposals for the mechanical harvesting of subtidal and intertidal benthic infauna such
-as hardshell clams that involve substantial substrate modification shall be processed
under the policies and performance standards of Section 5.70 Dredging in addition to
the provisions of this section.
Aquaculture developments that require struCtures shall be prohibited in wet lands and
estuaries which are Natural environmental designations in this Master Program.
Aquaculture developments that culture fin fish shall only use offspring of brood srock
that has been approved by appropriate state and federal agencies. Records of the source
of brood stock and the genetic background of smolts shall be maintained and made
available to the County upon request.
Upland aquaculture developments in Suburban and Conservancy designations shall be
screened from view from adjacent residential or recreational areas by fences, berms,
and/or vegetative buffers.
Floating aquaculture developments shall not be located within 1,500 feet of public
parks and designated Historic DistriCts unless a visual assessment demonstrates that no
significant impact on the character of those areas would result.
24.
25.
5.40 BOAT LAUNCHES
Definition
Slabs, pads, planks, rails, or graded slopes used for launching boats by means of a trailer, hand,
or mechanical device.
1.
2.
3.
1.
Policies
Boat launches should be installed in such a manner as to minimize adverse effects on
natural and physical shoreline resources.
Boat launches should be installed as to not unnecessarily interfere with the rights of
adjacent property owners, nor with adjacent VJ-.ater uses.
Pu~lic boat launches should be located w~.~h ~.gard to anticipated future needs of the
regIOn.
Performance Standards
Boat launches shall be located with regard to favorable conditions related to wind,
current, and bathymetrics.
50
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J.".rlon County, WA POPE RESOURCES RESO B98.00
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.
Adequate off-road parking and loading areas shall be provided.
Parking and loading areas shall be located away from the immediate water's edge and
beaches.
Design of parking and loading areas shall assure that surface runoff does not pollute
adjacent waters or cause soil or beach erosion.
Ample room for the handling and maneuvering of boat trailers shall be made available
at the launch site.
Provisions shall be made as to facilîtate orderly launching and retrieval of boats, as well
as the movément of vehicles and trailers in the launching area.
Boat launches shall be located, designed, constructed, and operated to not necessarily
interfere with the rights of adjacent property owners, nor interfere with adjacent water
uses.
Boat launches shall provide adequate on-shore sewage and waste disposal facilities and a
means for effective operation.
Boat launches shall be clearly separated from nearby swimming areas.
Docks and floats associated with boat launches shall conform with the applicable
policies and performance standards of this Master Program.
3.
4.
5.
6.
7.
8.
9.
10.
11.
5.50 COMMERCIAL DEVELOPMENT
Definition
Uses and facilities that are involved in wholesale or retail trade or business activities. Water
dependent commercial uses are those commercial activities that require location on the
shoreline by reason of the intrinsic nature of their business.
Prohibited Uses and Activities
1.
N on-water dependent commercial developments, activities and uses and portions of
water-dependent developments which do not require water access or a shoreline
location are prohibited over water except as provided for in this section and Section
4.106.
Policies -
. . .
1.
Priority should be given to those -comp1.ersial developments that are particularly
dependent on shoreline locations or that provide a substantial number of people to
actively or passively enjoy the shoreline.
- Commercial developments not requiring shoreline locations should be located inland.
An 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.
2.
3.
2.
3.
4.
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J.".rlon County, WR ~O~E RESOURCES RESO 598.11
4.
Parking facilities should be placed inland of the proposed use and away from the
immediate water's edge and recreational beaches.
Location of commercial activities should be consistent with local plans, codes, and
ordinances.
Adequate parking facilities should be designed commensurate with the level of the
commercial activity.
Water oriented commercial is preferable to non-water oriented commercial in the
shoreline area.
Commercial developments that are not water dependent or water-related and portions
of water-dependent or water-related developments which do not require water access
or a shoreline location should not locate or be constructed over the water except as
provided in Section 4.106, unless said use or activity is clearly accessory to a water
dependent or water related development and no upland or structural alternative is
feasible.
5.
6.
7.
8.
Performance Standards
1.
New commercial developments shall be located adjacent to eXlstlllg or planned
commercial developments which are consistent with the provisions of this Master
Program, whenever practicable. Development shall be limited to those uses which can
be classified as a water-dependent, water-related or water-enjoyment use. Non-water-
oriented development, while not preferred, may also be authorized as a conditional
use. Commercial development shall recognize the public access directive of the
Shoreline Management Act and make provisions for the public's continued and
enhanced enjoyment of the shoreline. Such provisions could be the preservation of
shoreline views, the establishment of a public access easement across and to the
shoreline enhancement of an adjacent street-end or park, or other consideration
commensurate with the degree of impact caused by the development.
Provisions to enhance the public's use and enjoyment of the shorelines and waters of
the state shall be included for water-enjoyment and non-water-oriemed uses involving
new substantial developments or any change in principle property use to a new
conditional use occurring along the shoreline.
Public access provisions shall:
a.
Be of a permanent nature and shall be dedicated or otherwise protected,
including recording with the Jefferson COUnty Auditor.
Consider in design and availability' ~easures to protect private property from
trespass, vandalism, littering, - and the like. -
Be suitably marked to as to Ínfoz:.rn tþ..e public as to the extent, location, and
availability of the access.
Be completed and available for public use at the time of occupancy of the
development.
b.
c.
d.
Commercial 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
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5.
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 established guidelines,
standards, and regulations.
New or expanded structures shall not extend more than thirty-five feet in height above
average grade level except as provided for in Section 4.106 when such development will
obstruct the view of a substantial number of adjacent residences or properties.
Parking facilities shall be designed to accommodate the level of the anticipated
commercial activity.
Commercial developments that are not water dependent or water-related and portions
of water.dependent or water-related developments which do not require water access
or a shoreline location shall not locate or be constructed over the water except as
provided in Section 4.106 unless said use or activity is clearly accessory to a water
dependent or water-related development and no upland or structural alternative is
feasible.
Upland commercial or industrial structures in Suburban or Conservancy designations
shall be screened from view from adjacent residential or recreational areas by fences,
berms, and/or vegetative buffers.
6.
7.
8.
9.
10.
11.
5.60 DOCKS, PIERS AND FLOATS
Definitions
Docks are fixed structures floating upon water bodies, secured to piers or to the shoreline.
Piers are fixed, pile-supported structures secured to the shoreline. Floats are floating
structures that are moored, anchored, or otherwise secured in the water but are not connected
. to the shoreline. Boat houses are covered structures used for the storage or moorage of
watercraft. Fetch is defined as the distance of open water over which the wind blows,
especially in the predominant direction of storms. Marinas are regulated under Subsection
5.110 Marinas. Mooring buoys are regulated under Subsection 5.130, Mooring Buoys.
Floating structures associated with aquaculture projects are evaluated under Subsection 5.30
Aquaculture.
1.
2.
3.
4.
Prohibited Uses and Activities
""
Docks, piers, floats, and boat houses to be ~selfor residential purposes.
Docks, piers, and floats on streams and rivers, except for water-dependent uses.
Covered moorage or boat houses over water except within marinas.
Fill waterward of the ordinary high water mark or within a marsh, bog or swamp to
accommodate a dock, pier, or float except as provided for in Section 5.100 Landfills.
53
3.
4.
5.
5.
IIIIII~ III/IIIIIIB /111 ~IIIBI ~.~~:~ ~1
J.".rlon County, WA POPE RESOU8CES 08/04/200011,40A
" "ESO 6ge, 00
Docks, piers, and floats in the Natural designation, except to serve public access,
interpretative, or observation areas.
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.
6.
Policies
1.
The type, design, and location of docks, piers, floats and boat houses should be
compatible with the shoreline area where they are located. Consideration should be
given to shoreline characteristics, shoreline resources and processes, wind and wave
action, tidal action, aesthetics, and adjacent land and water uses.
In order to reduce the proliferation of structures on the shoreline, mooring buoys are
preferred over docks, piers, and floats. Joint-use docks, piers, and floats, whether new
construction' or expansion of existing facilities, are encouraged over private, single-user
docks, piers, and floats.
The siting of docks, piers, and floats should be discouraged at locations where critical
physical limitations exist, such as: gently-sloping bottoms; high wind, with fetch over
one mile; wave or current exposure; high littoral drift; unstable and/or feeder bluffs; or
very narrow bays. Examples of favorable locations include, but are not limited to
Mystery Bay, Mats Mats, Pon Ludlow, and Pleasant Harbor.
Docks, piers, floats, and boat houses should be designed and maintained to avoid
adverse impacts to the environment and to shoreline aesthetics, and to minimize
interference with the public use of the water and private use of private property.
Docks, piers, boat houses, and floats should be maintained to provide a reasonable level
of safety to users.
2.
3.
4.
5.
Performance Standards
1.
Boats that are occupied shall not be permitted to moor at private docks, piers, and
floats longer than three (3) days unless pump-out facilities are available in the
immediate vicinity.
The design, location, and construction of docks, piers, and floats, as well as their
subsequent use, shall avoid adverse effects on fish, shellfish, wildlife, marine vegetation,
water quality, and geohydraulic processes. Construction methods shall minimize the
use of materials hazardous to the environment.
All lumber and other materials treated with preservative shall be sufficiently cured to
minimize leaching into the water or shõ-re bed, in accordance with the Best
Management Practices approved by dle'Wa~hiQgton Department of Fish and Wildlife.
Docks, piers, floats, and boat houses shall be designed and constructed to minimize
hazards to users and to be capable of withstanding the historic extremes of wind, wave,
and tides at their location.
Docks, piers, and floats shall be located, designed, and operated to mlmmlze
interference with the public use of the water and private use of private property.
Floats and docks on lakes shall be preferred over piers.
2.
54
7.
9.
12.
13A.
DB.
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J.,'.rlon County, WA POPE RESOURCES RESO 698.00
6.
Railings, if provided, shall be of clear or open framework design and conform to the
Uniform Building Code where required.
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.
New waterfront subdivisions shall make provisions for the establishment of one or
more joint use facilities.
An applicant for a new or expanded private recreational dock and/or pier shall provide
for joint use with the owners of immediately adjacent shoreline properties, unless the
applicant establishes that joint use is not feasible. Such joint use shall be defined by a
mutually accepted and legally enforceable joint use agreement that shall address, at
minimum the following:
8.
a.
b.
Apportionment of construction and maintenance expenses,
Easements and liability agreements, and
Use restrictions.
c.
10.
Prior to construction, the applicant shall provide documentation to Jefferson County
demonstrating that the owners of the adjoining shoreline properties have been notified
of this requirement.
Docks, piers, and floats shall be prohibited on streams and rivers, except for water-
dependent uses. Such a facility shall be the minimum necessary for the purpose and
shall be removed at the termination of the use.
Setbacks for accessory developments shall be as specified under Section 4.105 Urban,
Section 5.50 Commercial Development, and Section 5.160 Residential Development.
Docks, piers, and floats shall be marked as necessary to avoid hazardous conditions for
water surface users as specified by the U.S. Coast Guard.
Private, non.commercial piers and docks shall extend from shore no farther than
necessary for the imended use. The allowed length of a structure offshore from the
ordinary high water mark shall be no farther than the distance necessary to reach 8.5
feet of water depth at mean low water tidal elevation (about 5 feet water depth at
extreme low tide) or 125 feet perpendicular to the shoreline, whichever distance is less.
For joint use facilities, the maximum length from shore shall be increased 35 feet for
one or two additional moorages provided, and an additional 35 feet for three or four
additional moorages, for a maximum permitted length of 195 feet.
"T", "L" or finger docks shall be used wh~n it is' possible to provide the required
moorage depth and spaces with less to.~al dock-length from the shoreline.
11.
--
, '
2.
3.
13C
II 111111110 11111 ~j~.~:.~~:~
J.".rlon County, WR POPE RESOURCES RESO 59B.00
14.
Where there are exlSttng 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 ro lot Owners in a subdivision
with water frontage (Performance Standard Number 8) or owners of waterfront
property in close proximity ro one another (performance Standard Number 13).
Docks and floats shall not eXtend more than three feet in height above the Water nor
exceed eight feet in width. Piers shall be constructed ro the minimum height necessary
above historic extreme high tide and shall not exceed eight feet in width.
Total individual float area shall not exceed 160 square feet in size.
In areas of seasonal exposure to high wind and waves, docks and moored vessels shall
be moved to a protected location during that time of year when high wind and waves
are anticipated.
Docks and piers shall be setback a minimum of 10 feet from property lines except for
joint use docks and piers, which may be located adjacent to or upon a property line
when mutually agreed to by contract or covenant with the Owners of the adjoining
property, a copy of which shall be filed with the COUnty Auditor and submitted with
the shoreline permit application.
15.
16.
17.
18.
5.70 DREDGING
Definition
The removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake, bay,
or Other water bodies and associated wetlands. Maintenance dredging is the periodic or
infrequent removal of material from existing dredged areas.
Policies
1.
Dredging should be controlled so as to minimize damage to existing ecological values
and natural resources of both the area to be dredged and the area for deposit of dredged
materials.
Long range plans should be developed for the depQ~it and use of dredge materials on
land. Dredge material disposal sites in water areas should also be identified by local
government in cooperation with the WashIngton State Departments of Natural
Resources, Game, and Fisheries. - .
Depositing of dredge material in water areas should be allowed only for habitat
improvement to correct problems of material distribution adversely affecting fish and
shellfish resources, or where the alternatives of depositing material on land is more
detrimental ro shoreline reSOurces than depositing it in water areas.
56
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J.".rlon County, WA POPE, RESOURCES REBO 59B.00
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.
Dredging shall cause no more than minimal disruption of natural geohydraulic
processes along shores and streams. .
Dredging operations shall be scheduled so as to not materially interfere with the
migratory movements of anadromous fish.
Dredging shall not cause unnecessary interference with navigation or unnecessary
infringement upon adjacent shoreline uses, propenies, or values.
Dredged material shall be deposited on upland sites whenever possible and only on
those sites authorized by 'the shoreline substantial development permit.
Dredge materials deposited on upland sites shall constitute landfill and when deposited
within the geographical jurisdiction of this Master Program shall comply with the
applicable performance standards.
Depositing of dredge materials in water areas shall be allowed only:
2.
3.
4.
5.
6.
7.
a.
b.
For wildlife habitat improvement; or ,
To correct problems of material distribution adversely affecting fish and
shellfish resources; or
When the alternatives of depositing material on land is more detrimental to
shoreline resources than depositing it in water areas; or
In dredge material disposal areas authorized and delineated by the state and
county; or
For the enhancement of geohydraulic shore processes by beach feeding.
c.
d.
e.
8.
Depositing of dredge materials in water areas shall be done in a manner that does not
unnecessarily disrupt natural geohydraulic processes or interfere with the use or value
of adjacent propenies.
Maintenance dredging shall only be conducted upon the completion of a dredge
materials management plan for the site based on compliance with the policies and
performance standards of this subsection.
Proposals for the mechanical harvesting of subtidal and intertidal benthic infauna such
as hardshell clams, excluding geoduck harvesting using handheld equipment, shall be
processed as conditional uses under ,the poticies and performance standards of this
section if they involve substantial substra~~ ffigdification through dredging, trenching,
digging, or adverse sedimentation.
Proposals for the mechanical harvesting of subtidal and intenidal bethic infauna such
as hardshell clams that involve substantial substrate modification shall not be permitted
in kelp beds or in eel grass beds unless approved by the Washington State Department
of Fisheries.
9.
10.
:;7
7.
8.
9.
11111111 ~ III m ~ II ~ ~~~~~ ~~
J,'r,rlon County, WR POPE RESOURCES RESO 511.00
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,
Policies
1.
Seeding, mulching, matting, and replanting with mixed species native to the site should
be accomplished where necessary to provide stability on areas of steep slope that have
been logged,
Special attention should be directed in logging and thinning operations to prevent the
accumulation of slash and Other debris in contiguous waterways.
Proper road and bridge design, location, and construction and maintenance praCtices
should be used to prevent development or roads and structures that would adversely
affect shoreline resources.
Timber harvesting practices in shorelines of the state should be conducted to maintain
the state board of health standards for public water supplies.
Logging should be avoided on shorelines with slopes of such grade that large sediment
runoff will be precipitated, unless adequate restoration and erosion control can be
expeditiously accomplished.
Assurance should be given that timber harvesting on shorelines of state-wide
significance does not exceed the limitations established in RCW 90.59.150, except as
provided in cases where selective logging is rendered ecologically detrimental or is
adequate for preparation of land for other uses.
Logging within shoreline areas should be conducted to ensure the maintenance of
buffer strips of ground vegetation, brush, alder, and conifers to prevent temperature
increases adverse to fish populations and erosion of stream banks.
Known big game grazing areas should be preserved or maintained free of barriers and
debris.
Roads, bridges, culverts, and similar devices should afford maximum protection for
fisheries resources.
2.
3.
4.
5.
6.
Performance Standards
Roads and Related Structures
L
-
'.
Roads and related structures shall be locat~d as-follows:
a.
Whenever possible, roads shall be located on natural benches, ridge tops, or
other areas where minimum alterations of natural features such as soils will
occur.
58
2.
3.
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J.rr.r80n Co~ntYI WA POPE RESOURCES RESO S9B.00
b.
Roads shall be located to avoid steep narrow canyons, slide areas, slumps,
swamps, marshes, wet meadows, and the like.
Roads shall be located to provide buffer areas along streams and other
shorelines.
The number of waterway crossings shall be minimized. Unnecessary
duplication of roads shall be avoided by making use of existing roads where
practicable.
c.
d.
Roads and related structures shall be designed as follows:
a.
Road drainage shall be designed to control the dispersal of surface runoff from
roads and exposed soils in order to minimize turbid water from drainage into
waterways.
Earthwork shall be designed to provide waste and borrow areas that will
produce a minimum of erosion, water turbidity, and aesthetic damage.
Cut and fill slopes shall be designed at the normal angle of repose or less.
Cut and fill areas shall be protected from erosion by mulching, seeding, use of
headwalls, or other suitable means.
Road and waterway crossings shall not be wider than to accommodate the
anticipated means.
Waterway crossings shall be designed so the integrity of the naturally occurring
geohydraulic process is maintained.
Waterway crossing shall be designed to provide minimal disturbance to banks.
Culverts and similar devices shall be designed with regard to fifty year storm
frequencies.
Bridges and similar devices shall be designed with regard to one hundred year
flood frequencies. .
Roads, bridges, culverts, and similar devices shall afford maximum protection
for fisheries resources.
b.
c.
d.
e.
f.
g.
h.
1.
) .
Roads and related structures shall be constructed as follows:
a.
Excess material shall be deposited in stable locations and not into stream
corridors where such materials degrade water quality, impede flood waters, or
alter naturally occurring geohydraulic processes.
No machinery shall operate within a stream bed except in compliance with a
hydraulics permit issued by the Washingron' State Department of Fisheries and
Washington State Department. of Game;
All material associated with road .con§J;ruction that is potentially unstable or
erodible 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.
Excess material accumulated during maintenance of roads and drainage systems
shall be deposited in stable locations and not into stream corridors where such
b.
c.
d.
e.
59
f.
11I11 ,~~ IIO~ 11111 '~III"III" IIIIII~ /0/ ~.~~:~ ~41
J.".rlon County, WA POPE ~ESOU~CES ~:~~4/~~~~ø~1:4ØA
materials would degrade water quality, impede flood water, or alter naturally
occurring geohydraulic process.
Mechanical apparatUs, rather than chemicals, shall be used for brush clearing
maintenance wherever practicable.
Herbicides used for maintenance along roads and drainage systems shall follow
the applicable performance standards of this Master Program.
g.
Forest Products Harvesting
4.
Areas unsuited for timber production such as lakes, bogs, swamps, springs, or wet
meadows shall be avoided and protected during the harvesting operation.
Sufficient buffer strips shall be provided along all streams to prevent soil erosion and
water quality degradation, and to protect the habitat for fish and wildlife. .
Methods of falling, bucking, and yarding logs shall make all practicable precautions to
prevent soil" erosion and/or water quality degradation. Logs shall not be yarded
through streambeds. Skid trails shall be built and maintained away from streambeds
and in such a manner as to prevent soil erosion into waterways.
Landings shall be located away from the stream corridor whenever possible. When a
landing is located within the stream corridor, it shall be located on stable ground and
in a position within the stream corridor so as to not degrade water quality, impede
possible flood waters, or interrupt naturally occurring geohydraulic processes.
If debris should accidentally enter the waterway as a result of harvesting, the debris
shall be removed as soon as practicable and in a manner that does not degrade the
natural conditions of the stream.
Harvesting shall not take place in areas of archaeological significance until a reasonable
opportunity has been afforded for exploration of the site.
Where major scenic attractions, historical sites, scenic highways, or recreational sites
are impacted by timber harvesting ope'rations, special consideration shall be given to
these values by prompt cleanup and reforestation.
Waste resulting from logging operations such as machinery, machinery pans, filters,
grease, oil containers, wire, and rope shall be disposed immediately. At no time shall
such materials be disposed in stream corridors.
Timber situated within two hundred feet abutting landward of the ordinary high water
mark within shorelines of state-wide significance shall only be harvested by selective
commercial timber cutting so that no more than thirty percent of the merchantable
trees may be harvested in any ten year period of time provided other timber harvesting
methods may be permitted in those limited instances where topography, soil
conditions, or silvicultural practices .necessary~ for regeneration render seleCtive logging
ecologically detrimental; provided fÚí-ther. t~t clear-cutting of timber that is solely
incidental to the preparation of land for other uses authorized by the Shoreline
Management Act and this Master Program may be permitted.
5.
6.
7.
8.
9.
10.
11.
12.
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Reforestation
13.
14.
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.
Reforestation activities shall adhere to all applicable portions of this Master Program in
regard to soil, fisheries, and water quality management.
Chemical Application
IS.
16.
17.
18.
19.
20.
Equipment used for transportation, storage, or application of chemicals shall be
maintained in leak-proof condition. If there is evidence of chemical leakage, the
further use of such equipment must be suspended until the deficiency has been
satisfactorily corrected.
Whenever water is taken from any waterway or water impoundment for use in the
mixing of chemicals, precautions shall be taken to prevent contamination of the water
source. A portable pump shall be used with the necessary suction hose and check
valves to supply water from streams; such a pump is to be used only for water.
Waterways and areas of open water such as streams, swamps, or impoundments shall
be protected from contamination when spraying by aircraft by leaving a buffer strip of
a least swath~width untreated on each side of every waterway.
A buffer strip of at least ten feet on each side of every waterway or area of open water
shall be left when applying spray from the ground. Spray application immediately
adjacent to buffer strips shall be made parallel to waterways and must be applied prior
to application of the remainder of the area to be treated.
Application of fertilizers shall assure that no fertilizer is deposited imo waterways.
Pesticides shall be used, handled, and disposed in accordance with provisions of the
Washington State Pesticide Act (RCW 15.57) and the Washington State Pesticide
Application Act (RCW 17.21) unless the provision of this Master Program are
stringent, in which case the higher standard will apply.
5.90 INDUSTRIAL AND PORT FACILITIES,
Definition
Industry applies to those businesses or uses involved in the production, processing,
manufacturing, or fabrication of goods. Warehousing and storage of materials or products is
considered part of the industrial process. W aterdependent industries are those that require
location on the shoreline by reason of the nature of th~.ir business.
Port facilities are centers of water-borne traffic and commerce.
L
Prohibited Uses and Activities
Over-water, non~water oriented industry or port facilities.
"
L
2.
3. .
4.
5.
IIIII'~ IIIIIIII IIIIIII~I III~ I1111I ~:~:~ ~1
J.".rIO" COU"ty WA ~O~E RESOURCES RI8/14/2111 11:41A
' ESO 598.10
Policies
L
2.
Water dependent industries should be given priority over other industrial uses.
POrt facilities should be designed to permit viewing of harbor areas from viewpoims
and public facilities that would not interfere with port operations or endanger public
health and safety.
Sewage treatment, water reclamation, desalinization, and power plams should be
located where they do not interfere and area compatible with recreational, residential,
or other public uses of the water and shorelands. Waste treatment ponds for water
related industries should occupy as little shoreline as possible.
The cooperative use of docking, parking, cargo handling, and storage facilities should
be strongly encouraged in waterfront industrial areas.
Land transportation and utility corridors serving pOrts and water-related industry
should follow the guidelines provided under the sections dealing with utilities and road
and railroad design and construction. Where feasible, transportation and Utility
corridors should be located upland to reduce pressures for the use of waterfront signs.
Since industrial docks and piers are often longer and greater in bulk than recreational
and residential piers, careful planning must be undertaken to reduce the adverse impact
of such facilities on other water dependent uses and shoreline resources.
Because heavy industrial activities are associated with industrial piers and docks, the
location of these facilities must be considered a major factor in determining the
environmental compatibility of such facilities.
3.
4.
5.
6.
7.
Performance Standards
Only shoreline dependent industry shall be permitted on shoreline locations. The
only exception to this rule shall be when other shoreline oriented industry can clearly
demonstrate that no other site location is feasible.
Industrial development shall be located, designed, constructed, and operated in such a
manner that it would minimize adverse effects on aquatic life.
Industrial developments shall comply with all federal, state, regional, and local
requirements regarding air and water quality. No pollution of air by fly-ash, dust,
vapors, odors, smoke, or other substances shall be permitted that are harmful to health,
animals, vegetation, or other property, or that can cause excessive soiling.
Industrial and port facilities shall be located, designed, constructed, and operated to
minimize unnecessary interference with the right of adjacent property owners, as well
as adjacent shoreline or water uses. . . ::
Industrial and port facilities shall not '-duplicat~" but share over-water structures such as
docks and piers whenever practicable. Å-~y -;:ctivity involving the use or storage of
flammable or explosive materials shall be protected by adequate fire-fighting and fire
prevention equipment and by such safety devices that are normally used in the
handling of any such material. Such hazards shall be kept removed from adjacent
activities to a distance that is compatible with the potential danger involved.
62
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J.rr.rlon County, WA POPE RESOURCES RESO 598.00
6.
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.
No activity shall omit dangerous radioactivity at any point, or electrical disturbances
adversely affecting the operation of any equipment at any poim other than that of the
creation of such disturbance.
Objectionable noise that is due to volume, frequency, or beat shall be mumed or
otherwise controlled. Air raid sirens and related apparatUs used solely for public
purposes are exempt from this requirement.
No vibration shall be permitted that is discernible without instruments on any
adjoining lot or property.
Industri.al facilities shall assure that n~ direct or reflected glare is visible from adjacent
prOpertIes, streets, or water areas.
Industrial facilities shall be so located, designed, and operated to eliminate all
unnecessary noxious odors.
Port and industrial facilities shall provide public access to shoreline areas when feasible,
taking into consideration public safety, health, and security.
Waste treatment ponds shall be located as far inland as practicable.
Port and industrial facilities shall be located, designed, and constructed to permIt
viewing of harbor areas or other recognized or officially delineated vistas.
Upland commercial or industrial structures in Suburban or Conservancy designations
shall be screened from view from adjacent residential or recreational areas by fences,
berms, and/or vegetative buffers.
7.
8.
9.
10.
11.
12.
13.
14.
15.
5.100 LANDFILLS
Definition
Landfill is the creation of or addition to the surface of the land, land covered by water, or
marsh, bog, swamp, or similar water detemion area by the placement of materials. (Backfill of
. bulkheads less than one cubic yard per lineal foot is regulated under Section 5.180, "Shore
Defense Works." Backfill of bulkheads over one cubic yard per lineal foot shall be evaluated
under both this section and Section 5.180. Dredging spoil disposal is regulated under Section
5.70, "Dredging").
1.
1.
Prohibited Uses and Activities
Landfills in estuaries, marshes, bogs, .ponds, šwamps, similar water retention areas, or
other ecologically sensitive areas, except as pro.,yided in this Master Program.
Policies
Landfills should not be permitted on marshes, bogs, swamps, or other ecologically
sensitive areas, except as provided for in this Master Program.
2.
3.
4.
5.
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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.
Landfills should not significantly create a hazard to adjacent life or properties, nor
damage natural resources (including water surface reduction, navigation, flow, Current
and circulation impediments, recreation, ecological values, and habitat impaCts).
Fill materials should be of such quality that water quality problems do not occur from
the placement of fill. Shoreline areas should not be considered for sanitary landfills or
the disposal of solid waste.
The perimeter of landfills should be protected from erosion.
Present and future uses of a site should be considered when evaluating a proposed
landfill.
3.
4.
5.
6.
Performance Standards
General
1.
The following information shall be submitted by the applicant for landfill projects:
a.
b.
Proposed use of the landfill area.
Physical, chemical, and biological characteristics of the fill material.
Source of the landfill material.
Method of placement and compaCtion.
Location of the landfill relating to natural or existing drainage patterns.
Location of the perimeter of the landfill relating to the ordinary high water
mark, or any marsh, bog, or swamp.
Perimeter erosion control or stabilization means, and schedule for
implementation.
Type of surfacing and run.off control and treatment devices.
c.
d.
e.
f.
g.
h.
Landfills shall be permitted only where it is demonstrated they will not result in the
following:
a.
Significant damage to water quality, fish, shellfish, and/or wildlife habitats.
Adverse alteration to natural drainage and circulation patterns, currents, rivers,
and tidal flows, or significant .r:eductio~.:of flo.od water capacities.
Adverse alteration of geologicál prq~es~e.s along the shoreline.
b.
c.
The fill shall be the minimum necessary to accomplish the proposed use.
Where existing public access is reduced, equivalent public access shall be provided as
part of the project.
Fill material 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
~ 1111111111111111 1111 ~'~~?':41
J.".rlon County, WA POPE RESOURCES =:~g4/~~~~ø~1;4ØA
6.
hazardous sewage and rubbish is not permitted to be used as fill material. Fill material
shall be restricted to soil, sand, rock, or gravel.
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 lead to the damage of adjacent
propertIes.
Landfills in aquatic and wet land areas shall be permitted only in the following
Instances:
8.
a.
b.
In conjunction with water.dependent uses.
In conjunction with bridge or navigational structures for which there is a public
need and where no feasible upland sites or routes exist.
As part of approved beach restoration projects.
To provide for public access.
Other uses deemed to be in the public interest.
c.
d.
e.
9.
Where marshes, bogs, swamps, and other ecologically sensmve areas exIst within
proposed subdivisions, they shall be retained as open space.
Pile or pier supports shall be utilized whenever feasible in preference to landfills.
Landfills for approved road development in floodways or wetlands shall be permitted
only when all other structural or upland alternatives prove infeasible.
10.
Non-Aquatic and Non-Wet Land Areas
12.
13.
14.
11.
Landfills are not permitted in 100 year flood plains unless it can clearly be
demonstrated by the applicant and certified by a qualified professional engineer that
the hydraulics and flood plain storage capacity will not be altered to increase flood
hazard and that the project will meet the criteria of the Jefferson County and City of
Port Townsend ordinances on the national flood insurance programs.
Landfills shall be designed, constructed, and maintained to prevent, minimize, and
control material movement, erosion, and sedimentation from affected area.
Landfills shall not be created that interfere with the normal recharge of ground water
supplies or that degrade the quality of ground water.
Landfills shall not adversely affect normal surface -water drainage between adjacent
propertIes.
5.110 MAIÚNAS
Definition
Facilities that provide launching, storage, supplies, moorage, and other services for six or more
pleasure and commercial water craft. Certain docks, piers, and floats are also regulated under
(~5
4.
5.
6.
7.
8.
9.
III mill 1111111111 ~¡~~~~~,
J.".rIO" COU"ty, WA POPE RESOURCES REBO !98.00
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 fish and shellfish
resources that may be harmed by construction and operation of the facility.
Marinas should be designed in a manner that will reduce damage to fish and shellfish
resources and be aesthetically compatible with adjacent areas.
Marinas should be located at or near high use or potentially high use areas. Local as
well as regional need data should be considered as input in location selection.
Special attention should be given to the design and development of operational
procedures for fuel handling and storage in order to minimize accidental spillage and
provide satisfactory means for handling those spills that do occur.
Shallow water embayments with poor flushing action should not be considered for
overnight and long term moorage facilities.
The \Vashingron State Department of fisheries' guidelines should be consulted in
planning for marinas.
State and local health agencies have standards and guidelines for the development of
marinas that should be consulted.
Floating breakwaters should receIve valid considerations as an alternative to
conventional breakwaters.
2.
3.
4.
5.
6.
7.
8.
Performance Standards
1.
Marinas shall be located with regard to favorable conditions related to wind, current,
and bathymetrics.
Marinas that provide overnight or long-term moorage facilities shall not be located in
areas with poor flushing action.
Marinas shall be compatible with the general aesthetic quality of the shoreline area
where they are located.
Marinas and ancillary facilities shall be located, designed, constructed, and operated to
minimize adverse effects on fish, shellfish, wildlife, water quality, and existing
geohydraulic shoreline processes.
Marinas shall be located, designed, constructed, and operated so as to not unnecessarily
interfere with the rights of adjacent property owners, nor interfere with adjacent water
uses. -
Parking and loading areas shall be located.,:veILaway from the immediate water's edge
and beaches. '
Design of parking and loading areas shall assure that surface runoff does not pollute
adjacent waters or cause soil or beach erosion.
Provisions shall be made to facilitate orderly launching, retrieval, and storage of boats.
Provisions shall be made to facilitate the orderly circulation of vehicles and pedestrians
in the vicinity of the marina.
2.
3.
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J.f'.~.o" COU"ty, WA POPE RESOURCES RESO S98.00
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.
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.
No more than fifteen (15) percent of the wet slips within a marina shall be covered.
11.
12.
5.120 MINING
Definition
The removal of naturally occurring rock, sand, gravel, and minerals from the earth.
2.
3.
4.
,2.
3.
Policies
1.
When rock, sand, gravel, and minerals are removed from shoreline areas, adequate
protection against sediment and silt production should be provided.
Excavations for the production of sand, gravel, and minerals should be done in
conformance with the Washington State Surface Mining Act (RC\V 78.44) and
hydraulic regulations of the Washington State Department of Fisheries and
Department of Game.
Jefferson County and the City of Port Townsend should strictly control the removal
of sand and gravel from marine beaches.
When removal of sand and gravel from marine beaches is permitted, it should be taken
from the least sensitive biophysical areas of the beach.
Performance Standards
1.
Mining along all shorelines shall assure that geohydraulic processes and marine life are
basically maintained in their natural condition, both during and after excavation.
Surface mining for gravel along streams shall make provisions that assure that:
a.
All equipment, works, and structures are able to withstand flooding without
becoming a hazard in themselves or causing adverse effects on shore features or
adjacent property, all without the necessity for massive structural defense
works.
All stockpiles and other structures or equipment that are not flood proofed are
located above the one hundred year>flood 'plain during flood season except
during daily operations. "" --
b.
Overburden shall be disposed in a manner that provides short and long term
protection to affected natural featUres, adjacent properties, and aesthetic values.
Overburden deposited within the geographical jurisdiction of this Master Program
shall constitute landfill and shall, therefore, comply with applicable performance
standards of this Master Program.
2.
3.
4.
5.
6.
7.
8.
III mill 1111111 1111 ~~~~~:~
Jefferlon County, WA POPE RESOURCES REBa 698.00
4.
Mining shall provide measures to prevent deleterious effects upon water quality and
fish life.
Mining operations shall obtain necessary hydraulic permits from the Washington State
Department of Fisheries and Department of Game.
Mining operations shall not cause any unnecessary noise, odor, vibration, or other
nuisances that adversely affect nearby properties.
Equipment or apparatus associated with mining operations such as machinery,
machinery parts, filters, grease and oil containers, and wire and rope shall be disposed
immediately to an appropriate upland location.
Mining projects shall provide thorough and precise site reclamation plans as part of the
permit application. The plans shall be considered in the approval or disapproval of a
substantial development permit.
5.
6.
7.
8.
5.130 MOORING BUOYS
Definition
Mooring buoys are anchored devices in water bodies used for the mooring of water cran.
(Buoys used in conjunction with aquaculture projects shall be evaluated under Section 5.30,
"Aquaculture") .
Policies
1.
Mooring buoys should not be authorized where such installations will significantly
interfere with navigation.
Where dock facilities are inadequate, mooring buoys are preferred over the
construction of individual docks.
Where sufficient dock facilities exist, the placement of mooring buoys will be
discouraged.
The installation of mooring buoys by public agencies for public use is encouraged.
Mooring buoys and the swing path of attached vessels should not encroach on
privately owned tidelands or the swing path of a legally established or grandfathered
moored boat and buoy.
Mooring buoys should not be located where their use will cause the degradation of
sensitive ecological areas such as estuaries, wetlands, or aquaculture resources or
facilities.
Mooring buoys for the use of in-shore adjacent property owners should be considered
a positive alternative to the constructi9n of prÌvate docks.
Preference for the placement of near "shore mooring buoys should be given to the
adjacent shoreline property owner.
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J.".~.on County, WA POPE RESOURCES RESO &98.00
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.
Mooring buoys shall not be authorized where such installations will significantly
interfere with navigation.
Mooring buoys shall be located as close to the shore as feasible. They shall not be
located farther waterward than adjacent mooring buoys unless the draft and/or swing
path of the boat dictates it.
Buoys shall be discernible under normal daylight conditions at a minimum of 1CO
yards. "
Mooring buoys shall be located no closer than 100 feet from another mooring buoy,
dock, pier, float, or other fixed navigational obstruction, unless there is a written
agreement with the parties affected, including the subtidal property owner, that will
allow for said encroachment.
Buoys shall be marked with the owner's name, address, and telephone number.
The applicant for a buoy shall demonstrate that the buoy system proposed is adequate
to withstand the maximum expected physical stress that the environment and moored
craft will place on the buoy. -
The inshore adjacent property owner shall be given preference for mooring buoys
located shoreward of the minus six foot or one fathom tidal elevation unless otherwise
authorized. If the shoreline property owner does not own the tidelands, access across
the tidelands shall be secured in writing prior to buoy placement.
No more than two (2) boats shall be secured by a mooring buoy.
Mooring buoys that are placed by exemption shall not be rented or leased.
2.
3.
4.
5.
6.
7.
8.
9.
10.
5.140 PARKIN G FA CILITIES
Definition
Areas providing for the stOrage of motor vehicles, including vista parking facilities.
1.
1.
2.
Prohibited Uses and Activities
Over-water parking facilities, and paid parking lots not accessory to an authorized use.
Pòlicie~
-
Parking facilities should be designed and placed as far as practicable away from the
water's edge.
Parking facilities should make provisions for pollution abatement and the comrol of
stOrm water runoff.
',Q
1.
2.
3.
4.
5.
IIIII~ ~lllllllImlllllllllllll ~:~~~~~~
J.".~.on County, WA POPE RESOURCES RESO SiS.00
3.
Parking facilities should be adequate to serve the level of demand anticipated by the
associated use.
Parking facilities should not interfere with the use and enjoyment of adjacent
prOpertIes.
4.
Performance Standards
1.
Parking facilities shall not be located over the water or adjacent to the immediate
water's edge if practical alternative upland locations exist.
Vista parking facilities shall include a significant public view and provide recreational
Opportunities such as a picnic table or viewing benches.
The design and construction of parking facilities shall assure that surface water runoff
will not pollute adjacent waters or cause soil or beach erosion. Oil separators and
retention ponds are considered positive measures towards compliance with this
standard.
Security lighting associated with parking facilities shall be beamed, hooded, or directed
so as to not cause glare on adjacent properties or water bodies.
2.
3.
4.
5.150 RECREATIONAL FACILITIES
Definition
Facilities such as parks, trails and pathways, campgrounds, and resorts that provide a means
for relaxation, play, and amusement.
Prohibited Uses and Activities
1.
Overnight recreational spaces or sites located on beaches, dunes, or intertidal areas.
Policies
The concept of upland camping should be encouraged to prevent the concentration of
clutter and leave the beaches, tidelands, streams, and their associated shorelines in
basicalIy their natural state.
Park design and operation should deal with the impact such activities have not only
within park boundaries, but on adjacent properties and communities as well.
Recreational facilities should make adequate provisions for:
';.
a.
b.
Traffic, both inside and olltsidé the facility.
Proper water and sewage disposal nÎeth~ds.
Security and fire protection.
The prevention of overflow and trespass Onto adjacent properties.
c.
d.
Public access to public shorelines and surface waters should be encouraged.
Offshore recreational devices should not interfere with navigation of waterways.
70
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J.rr.rlon County, WA POPE RESOURCES
6.
T rails and pathways on steep shoreline bluffs should be designed to not adversely affect
bank stability.
Public recreational developments should be consistent with adopted park, recreational,
and open space plans of the City and County, when appropriate.
Swim rafts used for moorage purposes should comply with the policies and
performance standards for offshore moorage devices.
Stairways, landings, and boat houses should not be located waterward of existing
bulkheads, banks, or the ordinary high water mark.
7.
s.
9.
Performance Standards
1.
Recreational facilities shall make adequate provisions for water supply, sewage
disposal, and garbage collection. '
Recreational facilities shall make adequate provisions for vehicular parking.
Recreational facilities shall make adequate provisions for enforcement of laws and
regulations associated with use of the facilities being proposed.
Recreational facilities shall make adequate provisions such as screening, buffer strips,
fences, and signs to prevent park overflow and to protect the value and enjoyment of
adjacent or nearby private or public properties.
Recreational facilities shall establish and enforce regulations that prohibit tree cutting
and limit the taking of marine life, driftwood, and the like.
Signs associated with recreational facilities shall be kept to a minimum in number and
size and shall be erected as informational or directional aids only.
Adequate provisions shall be made for the control of fires both within recreational
facilities and between recreational facilities and adjacent private or public lands.
Unless specifically designed for that purpose, park and recreational facilities shall
prohibit the off-road use of all terrain vehicles in order to protect natural features as
well as the enjoyment and value of adjacent private and public properties.
Applicants for substantial development permits for recreational facilities may be
required to provide adequate information to demonstrate the safety of proposed
equipment and facilities.
Overnight recreational facilities shall comply with all applicable regulations and
guidelines, including Section 5.50 "Commercial."
2.
3.
4.
5.
6.
7.
8.
9.
10.
5.160 RESIDENTIAL DEVELOPMENT
Definition
-;;
The development of land and/or the const~Ctio~. or O-erection of a dwelling or dwelling units
for the purpose of residential occupancy. '
Prohibited Uses and Activities
1.
Residential structures located on or over marshes, bogs, swamps, lagoons, tidelands,
ecologically sensitive areas or water areas subject to this Master Program.
71
2.
3.
4.
5.
6.
1111111111111111111 ~:¡~:.:\~:¡,
J.rr.r.on County, WA POPE RESOURCES RESO 59B,00
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 ordinances.
Residential development should be designed to adequately protect the water and
shoreline aesthetic charaCteristics.
Residential developments should be encouraged to provide pedestrian access to public
shorelines abutting the development.
Over-water residential development, including floating home, should not be permitted.
Residential developers and individual builders should be required to indicate how they
plan to preserve shore vegetation and control erosion during construction.
Sewage disposal facilities, as well as water supply facilities, should be provided in
accordance with appropriate state and local health regulations. Storm drainage
facilities should be separate, not combined with sewage disposal systems.
Adequate water supplies should be available so the ground water quantity and quality
will not be endangered by over-pumping.
Residential development in geologically hazardous areas or in areas subject to flooding
should be discouraged.
Residential development in shoreline areas should be designe,d to preserve natural
drainage courses, aquifer recharge areas, and similar ecologically sensitive areas.
Subdivisions should maintain usable waterfront areas for the common use of all
propeny owners within the development.
Residential structures should be designed and located to not significantly block the
views of adjacent residences or propenies.
Sewage disposal drain fields should not be located where subject to flooding.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Performance Standards
1.
Subdivisions of land shall comply with local plans, codes, and ordinances and be
designed to exemplify the definition and policy of the applicable shoreline designation
as well as the environmental and physical capabilities of the subject site.
Appunenant structures such as decks, sheds, and stairways shall be located behind the
ordinary high water mark as far as practical and shall meet applicable setbacks.
Public access to publicly owned shorelines shall be maintained.
Development shall assure that surface water runoff does not pollute adjacent waters or
cause soil or beach erosion, either durIng 0.£ aft~.r the construction phase.
Developments containing marshes, swamps, lagoons, ponions of a flood plain, or
similar wetlands shall use those areas only for the purpose of parks, open space, or
recreational facilities.
Developments shall be designed to include measures to prevent overflow usage of
common areas upon adjacent privately owned shorelands and uplands.
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J.".rlon County, WA POPE RESOURCES RESO Bie.00
7.
Amenities provided by development shall not be detrimental to the geohydraulic
processes occurring within the shoreline corridor.
Roads, utilities, and other improvements shall comply with the applicable policies and
performance standards of this Master Program.
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. -
The standard setback for residential structures, including common appurtenant
structures such as garages and workshops, shall be thirty (30) feet or one (1) foot for
each foot of bank height, whichever is greater. This setback shall be measured from
the bank's edge when the bank's height exceeds 10 feet. When the bank's height is less
than 10 feet, the setback shall be measured from the ordinary high water mark. The
setback shall not exceed 100 feet. * [* See Administrative Interpretation, Pages 105-106]
Exceptions from this standard include the following:
8.
9.
9.
a.
Where there are existing dwellings within 300 feet on either side of the
proposed building site, the setback shall be the average setback of those
dwellings or as prescribed above, whichever is less (see Figure 4). In those
instances where a single dwelling unit is within 300 feet of one (1) side of the
proposed building site, the setback shall be the difference (average) between the
required setback and that of the existing structure (see Figure 5). In both cases,
the existing dwellings are construed to be those that are currently occupied.
The mere presence of shacks, sheds or dilapidated buildings does not constitute
the existence of a dwelling unit.
- ,---" . -
Proposed
E;ds~~ 0= 300'- 0-',300'- 0 Existing
-- --- ---
Setback. line
EDGE OF BANK
FIGURE 4
- -, X
Proposed 0 -- .- -:- - -- .-
D -:-':-" -,'
Existing -- - .
----- t... 1:1 Per regulation
I 'AVer¡ed "-" -
EDGE OF IIAln::
FIGURE 5
73
2.
3.
4.
b.
1 11111 IUIIIIIII 11/11111 II ;,~~~~.?:~~
J.".rlon County, WR POPE RESOURCES RESO 59S.ØØ
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 shall be considered
an administrative variance following the procedures established under
Subsection 7.20 and will be subject to the variance review criteria established
under Subsection 7.103 of this Master Program. Unless appealed, a setback
deviation rendered by the County or City shall be considered final.
11.
Alteration of topography for building sites, access roads, and utilities shall be
conducted in compliance with the applicable policies and performance standards of this
Master Program.
Sewage disposal systems shall not be located within the flood plain of marine and fresh
Water bodies unless in compliance with the Jefferson County Flood Plain Management
Ordinance.
Residential structures shall not exceed thirty~five feet in height.
12.
13.
5.170 SCIENTIFIC AND EDUC;A TIONAL FACILITIES
Definition
Those sites, structures, or facilities that provide unique insight into our natural or cultural
heritage.
Policies
1.
Jefferson County and the City of Port Townsend should consult with the Washington
State Office of Archaeology and Historic Preservation and professional consultants to
review proposed project areas for potencial valuable data and to establish procedures
for salvaging that data.
Where possible, sites should be permanently preserved for scientific study and public
observation. In areas known to comain archaeological data, special conditions should
be attached to substantial development permits to provide for site inspections and an
evaluation of an archaeologist to ensure that archaeological data is properly salvaged.
Developers should notify Jefferson Councy or, the City of POrt Townsend, as the case
may be, if any possible archaeologit-al data h uncovered during excavations in the
shoreline area. .,. -.
Jefferson County and the City of Port Townsend should work tOward lending
integrity to the Natural Historic Preservation Act .of 1966 and the Washington State
Parks and Recreation Commission Act (RCW 43.51) and provide wherever possible
for the protection, rehabilitation, restOration, and reconstruction of districts, sites,
74
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J.".rlon County, WA POPE RESOURCES RESO S8S,00
5.
buildings, structures, and objects significant in American, Washington State, or local
history, architecture, archaeology, or culture.
Excavation of Indian artifacts shall be conducted in compliance with the \17ashington
State Archaeological Sites and Resources Act (RCW 27,53),
Excavation activities shall be conducted in compliance with the applicable policies and
standards of this Master Program.
6.
Performance Standards
1.
No development or substantial development shall be undertaken with regard to a site
or structure that has probable historical, scientific, or archaeological significance until
an evaluation of the site or structure has been made by an authority judged competent
in such matters by Jefferson County or the City of Porr Townsend.
All feasible means shall be employed to ensure that data, structures, and sites having
historical, scientific, educational, or archaeological significance are extracted, preserved,
or used in a manner commensurate with their importance.
The establishment, restoration, or revitalization of historical, archaeological, scientific,
or educational facilities shall be done in such a manner that would cause minimal
disturbance to adjacent properties as well as natural features of the shoreline.
2.
3.
5.180 SHORE DEFENSE WORKS
Definition
Structures or modifications for the purpose of retarding shore erosion from wave or current
action, protecting channels and harbors from wave action, encouraging deposition of beach
materials, preventing stream bank overflow and retaining uplands. They may consist of
bulkheads, seawalls, dikes, revetments, breakwaters, jetties, or gabions. Defense works are
commonly constructed from quarry rock (rip.rap), treated wood., concrete, steel, and sand
and gravel.
Prohibited Uses and Activities
1.
Shore defense works on spits, hooks, bars, barrier beaches, or similar accretlOn
terminals or accretion shore forms.
Policies
--
1.
Bulkheads and seawalls should be loéåted and constructed in such a manner that will
'-," -'
not result in adverse effects on nearby beaches and will minimize alterations of the
natural shoreline. '
Shore defense works should be constructed in such a way that would minimize damage
to fish and shellfish habitats. Open poling construction is preferable in lieu of the solid
type.
2.
1.
2.
3.
4.
5.
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J.rr.rlon Co~ntv, WA POPE RESOURCES RESO 59B.00
3.
The effect of a proposed bulkhead on public access to publicly owned shorelines
should be considered.
Shore defense works should be designed to blend with the surroundings and not to
distract from the aesthetic qualities of the shorelines.
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 related performance
standards.
Floating breakwaters are preferred to solid landfill types in order to maintain sand
movement and fish habitats.
Solid breakwaters should be constructed only where design modifications can
eliminate potentially detrimental effects on the movement of sand and circulation of
water.
The restriction of the public use of the water surface as a result of breakwater
cOnstruction must be recognized and must be considered in granting shoreline permits
for their construction.
The effect proposed jetties or groins have on sand movement must be considered.
Provisions should be make to compensate for the adverse effects of the structures either
by artificially transporting sand to the downdrift side on an inlet with jetties, or by
artificially feeding the beaches in the case of groins.
Special attention should be given to the effect these structures will have on wildlife
propagation and movement, and to the effects these structures will have on the
aesthetic quality of the shoreline.
Rip-rapping and other bank stabilization measures should be located, designed, and
constructed to avoid the need for channelization and to protect the natural character of
the stream.
Where flood protection measures such as dikes are planned, they should be placed
landward of the stream, including associated swamps and marshes and Other wetlands
directly interrelated and interdependent with the stream proper.
Flood protection measures that result in channelization should be avoided.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Performance Standards
Shore defense works shall be designed and constructed in a manner that causes an
absolute minimum of interruption to naturally occurring shoreline processes.
Shore defense works shall be designed and constructed to minimize interruption of fish
movements as well as marine and wildlife habitats. ,-
Shore defense works shall not be used for the indirect purpose of creating landfills,
unless such landfill is specifically per~itt.~_d i!,1. compliance with landfill performance
standards of this Master Program.
Shore defense works shall be designed and constructed to harmonize insofar as
practicable with the aesthetic characteristics of the area where they are located.
Shore defense works such as dikes shall be located landward of the stream and
associated swamps, backwaters, marshes, flood way and other wetlands directly
interrelated and interdependent with the stream proper.
76
. 6.
11111111111111111 ~:'~~?'~1
Jefferlon County, WA POPE RESOURCES =~~g4/i~~~0~1:40A
6.
Substantial development permit applications shall provide competent technical
evidence that the proposed shore defense structure will perform as designed. .
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.
7.
5.190 TRANSPORTATION FACILITIES
Definition
Passageways for motorized vehicles or trains, including but not limited to such devices as
bridges, trestles, ramps, or culverts.
Policies
1.
Whenever feasible, major highways, freeways, and railroads should be located away
from shore lands, except in port and heavy industrial areas, so shore roads my be
reserved for slow moving recreational or residential traffic.
Roads located in wet land areas should be designed and maintained to prevent erosion
and to permit a natural movement of ground water.
All debris, overburden, and other waste materials from construction should be
disposed in such a way to prevent their entry by erosion from drainage, high water, or
other means into any water body.
Road locations should be planned to fit the topography so alterations of natural
conditions will be minimized.
Scenic corridors with public roadways should have provisions for safe pedestrian and
other non-motorized travel. Also, provisions should be made for sufficient view
points, rest areas, and picnic areas in public shorelines.
EXtensive loops or spurs of old highways with high aesthetic quality should be kept in
service as pleasure by-pass routes, especially where main highways paralleling the old
highway must carry large traffic volumes of high speed.
Since land use and transportation facilities are so highly interrelated, the plans for each
should be coordinated.
Waterway crossings should be designed and constructed to maintain normal
geohydraulic processes, as well as to minimize interruption of flood water flow.
Transportation facilities should assure the c6ntinued and unobstructed movement of
sediments. ". , " -
The number of waterway crossings should be ~inimized.
2.
3.
4.
5.
7.
8.
9.
10.
Performance Standards
1.
When feasible, major highways and railroads shall be located away from the shoreline.
19.
20.
21.
22.
23.
~ 1111111111111 ~ ~ II :~~~~:~::,
J.".rlon County, WR POPE RESOURCES RESO 698,00
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.
Roads and railroads shall be located to provide buffer areas along streams and other
shorelines-
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 5.100,
"Landfills. "
Unnecessary duplication of roads shall be avoided by making use of existing roads
where practicable.
Road drainage shall be designed to control the dispersal of surface runoff from roads
and exposed soils in order to minimize turbid water from draining into waterways.
Earthworks shall be designed to provide waste and borrow areas that will produce a
minimum of erosion, water turbidity, and aesthetic damage.
Cut and fill slopes shall be designed at the normal angle of repose or less.
Cut and fill slopes shall be protected from erosion by mulching, seeding, use of
head walls, or other suitable means.
Roads and waterway crossings shall not be wider than to accommodate the anticipated
use.
Waterway crossings shall be designed so the integrity of the naturally occurring
geohydraulic process is maintained.
Waterway crossings shall be designed to provide minimal disturbance to banks.
Culverts and similar devices shall be designed with regard to 100 year flood storm
frequencies.
Bridges and similar devices shall be designed with regard to 100 year flood frequencies.
Roads, bridges, culverts, and similar devices shall afford maximum protection for
fisheries resources.
Excess material shall be deposited in stable locations and not into stream corridors
where such materials degrade water quality, impede flood waters, or alter naturally
occurring geohydraulic processes.
No machinery shall operate within a stream bed
hydraulics permit issued by the Washington State
Department of Game.
All material associated with road construction that is potentially unstable or erodible
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.
Mechanical apparatus, rather than chemicals, shall be used for brush dearing
maintenance wherever practicable. -
Herbicides used for maintenance ai~hg road~ .and drainage systems shall follow the
performance standard outlined under --'-"Cnemical Application" of the "Forest
Management" subsection.
Road routes shall make provisions for pedestrian, equestrian, bicycle, and other modes
of travel whenever feasible.
In compliance 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
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
except in compliance with a
Department of Fisheries and
18.
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11111111111111111111 ~~~~~:~::,
J8"8rlon County, WA POPE ~ESOU~CES ~ESO 598.00
24.
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.
Transportation facilities in flood:ways shall be designed to minimize flood water
diversion or obstruction to flood water flow.
5.200 UTILITIES
Definition
Services or facilities that produce, transmit, carry, store, process, or dispose of electric power,
gas, water, sewage, communications, oil, and the like.
Policies
1.
Whenever utilities must be placed in a shoreline area, the location should be chosen to
not obstruct or destroy scenic views. Wherever feasible, these facilities should be
placed underground or designed to do minimal damage to the aesthetic qualities of the
shoreline area.
To an extent feasible, Jefferson County and the City of Porr Townsend should
incorporate major utility corridors on shorelines into their programs and plans for
public access to and along water bodies.
Utilities should be located to meet the needs of future populations in areas planned to
accommodate this groWth.
Upon completion of installation and maintenance projects of shorelines, banks should
be restored to preproject configuration, replanted with native species, and be provided
with maintenance care until the newly planted vegetation is established.
2.
3.
4.
Performance Standards
1.
Utilities shall be installed adjacent to or within existing utility or circulation easements
or rights~of-way whenever feasible.
Utilities shall be installed underground wheneyer feãsible.
Utilities shall be designed and installe~ to meet-future needs when possible.
When feasible, utility corridors shal(serye multiple uses such as shoreline access or
recreational trails or pathways.
Utilities installed in the water, beach, or upon tidal areas shall assure that water quality
and marine life will not suffer degradation.
Installation of utilities shall assure the prevention of siltation or beach erosion.
2.
3.
4.
5.
6.
9.
10.
11. .
12.
111111111111111111 ~~~~~~:~
J.rr.rlon County, WA POPE RESOURCES RESO S8S.00
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 plamed vegetation is established.
Utility discharges and ourfalls shall be located, designed, constructed, and operated so
degradation to water quality, marine life, and general shoreline ecosystems is kept to
an absolute minimum.
Both during and after instaIlation, utilities shall assure that geohydraulic shore
processes and marine life are basically maintained in their natural condition.
Utilities located in flood prone areas shall be provided with adequate flood protection
and shall not be installed to increase flood hazard or other damage to life or property.
Flammable or toxic materials shall not be stored in areas subject to flooding.
Utilities shall not be installed in areas subject to geological hazards, unless it can clearly
be demonstrated that such hazards can be overcome. ..
8.
-
"
-
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J.".rlon County, WA POPE RESOURCES =:~84/~~~~ø~1'40A
SECTION 6
ADMINISTRATION
SUBSECTIONS
6.10
6.20
6.30
6.40
Program Administration
Public Hearings
County Commissioners and City Council
Application
There is hereby established by this Master Program an administrative system designed to
assign responsibilities for review of substantial development permits, to prescribe an orderly
process by which to review all permit applications, and generally to ensure that all persons
coming within the jurisdiction of this Master Program are treated in a fair and equitable
manner.
6.10 PROGRAM ADMINISTRATION
The Jefferson County Planning and Building Department is hereby vested with general
overall administration of the Shoreline Management Act and this Master Program with
respect to Jefferson County and the City of Port Townsend. For projects originating within
the City of Port Townsend, the planning department shall perform its duties in conjunction
with the Port Townsend Public Works Department and Mayor's Office. The responsibilities
and duties of the Planning and Building Department include the following:
1.
. 2.
3.
4.
5.
6.
7.
Prepare and use such forms it deems essential for administrative purposes. Such
forms shall be consistent with WAC 173-27-110.
Advise and assist applicants for shoreline permits of administrative requirements and
review criteria of the Shoreline Management Act and this Master Program.
Insofar as possible, ensure that all shoreline permit applications are proper and
complete prior to review.
Ensure that all administrative requirements designed by the Shoreline Management
Act and this Master Program are accomplished in processing shoreline permit
applications.
Insofar as possible, ensure that all foreseeable .and pertinent data, correspondence, and
testimony regarding permit applicatiÖns has þ~en considered and are in order prior to
. ~ -
reVIew.
Present permit applications for substantial development, secondary and conditional
uses and variance requests together with any findings, evaluations, and
recommendations to the Hearing Examiner.
Present permit applications together with findings, evaluations, and
recommendations to the Board of County Commissioners or City Council.
81
13.
14.
15.
16.
17.
18.
19.
II'~ I~ II'IIII'~ ~IIIIII~ IIIIII~I ~~~~~.~ ~:~
JerrerlO" COU"ty, WR POPE RESOURCES RESO 888,00'
8.
9.
Review all proper and complete shoreline permit applications for primary uses.
Review any and all information, testimony, or correspondence from interested
persons, groups, or agencies with respect to shoreline permit applications for primary
uses.
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 the Shoreline
Management Act and this Master Program.
Condition any permit recommended for approval associated with Item 10 above in
order to prevent undesirable effects of the proposed use, as well as bringing about
conformance with the goals, policies, and or standards of this Master Program.
Provide technical and administrative assistance to the Hearing Examiner, Board of
COUnty Commissioners and City Council relative to the Shoreline Management Act
and this Master Program.
Act as the' primary liaison between local and state agencies in the administration of
the Shoreline Management Act and this Master Program.
Make administrative decisions and interpretations regarding the Shoreline
Management Act and this Master Program.
Seek remedies for either violations of the Shoreline Management Act and this Master
Program, or for noncompliance with conditions of any approved shoreline permit
issued by Jefferson County or the City of Port Townsend.
Assist in the development and processing of any proposed adjustments of this Master
Program.
Insofar as possible, ensure that all foreseeable pertinent data, correspondence,
testimony, and recommendations on proposed adjustments to this Master Program
are considered and are in order prior to review.
Present proposed adjustments to this Master Program, together with findings and
recommendations, to the Jefferson County Planning Commission, the Board of
COUnty Commissioners, or City Council.
Undertake measures to inform the citizens of Jefferson County and the City of Pon
Townsend of the philosophy, purposes, goals, requirements, implications, and
technical considerations associated with the Shoreline Management Act and this
Master Program.
10.
11.
12.
6.20 PUBLIC HEARINGS
The Jefferson County Hearing Examiner shall have the responsibilities and duties identified
below: ~
1.
-,
Consider through an open record public'-'he~~ing or other means all pertinent data,
testimony, correspondence, findings, evaluations, recommendations, and conditions
related to any application for a shoreline permit within the scope of this Master
Program.
82
4.
5.
6.
II1I111111 m 11111 ~~.~~?:~:¡,
J.".rlon County, WR POPE RESOURCES RESO 69B.00
2.
Accept or reject any recommendation and/or conditions(s), and thereupon take aCtion
to gram or deny applications for permits with respect to compliance with the
Shoreline Management Act and this Master Program.
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.
Seek remedies for either violations of the Shoreline Management Act and this Master
Program, or for noncompliance with conditions for any approved permit issued by
Jefferson County.
Seek remedies for either violations of the Shoreline Management Act and this Master
Program, or for noncompliance with conditions for any approved permit issued by
Jefferson County or the City of Port Townsend. .
Act as an appeals body to adjudicate grievances brought forth by a person regarding
administrative decisions or interpretations associated with the Shoreline Management
Act and this Master Program.
3.
6.30 COUNTY COMMISSIONERS AND CITY COUNCIL
The responsibilities and duties of the Board of County Commissioners and City Council with
respect to this Master Program include the following:
1.
2.
3.
. 4.
Consider through closed record public hearings all pertinent data testimony,
correspondence, findings, evaluations, recommendations, and conditions related to
any appeal of a decision by the Hearing Examiner regarding any application for a
shoreline permit.
Act as an appeals board through closed record public hearings with respect to
decisions of the Hearing Examiner issued within the scope of this Master Program.
Consider through public hearings or meetings all pertinent data, testimony,
correspondence, findings, and recommendations related to any proposed adjustments
to this Master Program.
Accept or reject any recommendation or portion thereof and thereupon take action
to adopt or not adopt any proposed adjustments to this Master Program.
6.40 APPLICATION
Any person(s) who wishes to conduct substantial development within the geographical
jurisdiction of this Master Program shall supply -t~ Jefferson County or the City of Port
Townsend through the Jefferson County PI~nning ând Buìlding Department for a shoreline
permit. A shoreline permit is considered the last govexnmental approval prior to construction
or issuance of a building permit. If a proposal involves other governmental approvals, as in a
rezone or subdivision approval, these other issues shall be resolved prior to final action o'n a
shoreline permit application.
:n
5.
6.
7. .
8.
9.
6.401 PROCEDURE
IIII~ IIIIII'~ IIIIIII~II ~IIIIII ~~~~~ ~
J.".r,on Co~ntv, WA POPE ~E80U~CES ~ESO &98.00
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 so designated.
An applicant may need to submit a proper and complete environmental assessment
or, if appropriate, environmental impact statement to the Planning and Building
Department or Jefferson COUnty Permit Center on forms or in a format so
designated.
Application fees must be paid in accordance with those established by the Jefferson
COUnty Board of Commissioners.
Notice of application shall be provided within fourteen days after the complete
information has been received. Any local, state, or federal agency that may have
interest in the proposed project shall be notified by the Jefferson County Permit
Center or Planning and Building Department for any comments that agency or
department may have. Notice shall include a statement of the public comment
period, which shall be not less than thirty days following the date of notice of
application.
After all pertinent data and input has been accumulated, a public hearing before the
Jefferson County Hearing Examiner for any substantial development, secondary or
conditional use applications or variance requests shall be scheduled, or, in the case of
primary use applications, a public hearing may be scheduled. Public notice of a
public hearing shall be made in accordance with Subsection 6.402 of this Master
Program.
The Hearing Examiner and City Council with respect to their separate jurisdictions,
shall act on applications as outlined under Subsection 6.30 of this Master Program.
The Hearing Examiner or City Council may refer the application back to the
Jefferson County Permit Center, 'Planning and Building Department, or City
Administrator for further review.
The Jefferson County Permit Center or Planning and Building Department shall
transmit within eight days final action taken on an application to the applicant,
Washington State Department of Ecology, Washington State AttOrney Generals
Office, and any person who has requested notice. The Department of Ecology shall
render its final decision approving, approving with conditions, or disapproving the
permit within thirty (30) days of the date of submittal by local government.
A person who is aggrieved by actio~ taken ãI) an application may appeal the decision
in compliance with Section 9 of this Master ~~ogram. .
A recipient of a shoreline permit from the county or city shall not commence
development or construction until thirty (30) days from the date of filing with the
Washingron State Department of Ecology or until all appeal proceedings have
terminated. Due to the Department of Ecology's review of conditional uses and
variances, the date of filing may be up to thirty (30) days from the date of receipt of
the permit by the Department of Ecology.
2.
3.
4.
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1111111111111111 111111 ~~~;:~:~
Jefferlon County, WA POPE RESOURCES RESO 698,00
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 follows:
2.
1.
The Jefferson County Permit Center or Planning and Building Department shall
publish legal notices at least once a week, on the same day of the week, for two
consecutive weeks, in a newspaper of general circulation within the county or city in
accordance with the format prescribed by WAC 173~27-110.
In addition, the Jefferson County Permit Center or Planning and Building
Department shall ensure that additional notice of the application be made in a manner
they deem appropriate to accomplish the objectives of reasonable notice to adjacent
property owners and the public. This may be accomplished by notifying by mail
property owners identified by the county records that are adjacent to the property
upon which the development is proposed, and/or requiring the applicant to
conspicuously post with notices the property of the development and/or other
locations as directed by the Jefferson County Permit Center or Planning and Building
Department.
The Jefferson County Permit Center or Planning and Buildi~g Department shall
publish at least one legal notice of a scheduled public hearing of an application in a
newspaper of general circulation within the county or city. The notice shall be made
after the last publication date of the notice of application and at least ten (10) days prior
to the public hearing.
. 6.403 BONDS
To guarantee that conditions imposed in conjunction with permit approval are completed, the
Board of County Commissioners or City Council with respect to their separate jurisdictions
may require the applicant to post a performance bond in an amount satisfactory to the board
or council. Any such bond shall be from a reputable bonding company in a form acceptable
to the Jefferson County Prosecuting Attorney or the City of Port Townsend Attorney.
6.404 REVISIONS
",
-
When Jefferson County or the City of Port Townsend receives application to revise a
shoreline permit previously granted, they shall, with respect to their separate jurisdictions,
determine if the desired modifications are" major and significant." If the modifications are
determined 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
Ot",
6.
7.
8.
III "I~ ~IIIIIIIII ,~ IIIIIII~ "'I '~llm ~,~~~~ ~~A
J"'er,on County, WA POPE RESOURCES RESO 688.00
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 pier, dock, or float
construction may be Ìncreased by 500 square feet or 10 percent from the provisions of
the original permit, whichever is less.
Ground area coverage and height of each structure may be increased a maximum of
ten percent from the provisions of the original permit.
Additional separate Structures may not exceed a total of 250 square feet.
The revised permit does not exceed height, lot coverage, setback, or any of the
requirements of this Master Program except as authorized under the original permit.
Additional landscaping is consistent with conditions (if any) attached to the original
permit and with this Master Program.
The use authorized pursuant to the original permit is not changed.
No substantial adverse environmental impact will be caused by the proposed
revision. If the sum of the revision and any previously approved revisions violate the
provisions above, the COUnty or city shall require that the permittee apply for a new
permit in the manner provided in this Master Program. Within eight days of the
date of final action by the city or county, the revision, including the revised site plan,
text, and the final ruling on consistency with this section, shall be filed with the
Washingron State Department of Ecology and Washingron State Attorney General.
In addition, the Planning and Building Department shall notify parties of record of
their action. If the revision to the original permit involves a conditional use or
variance that was conditioned by the Department of Ecology, the Planning and
Building Department shall submit the revision to the Department of Ecology for
their approval, approval with conditions, or denial. The revision shall indicate that
it is being submitted under the requirement of WAC 173-27-100(5). The
Department of Ecology shall render and transmit to the Planning and Building
Department and the permittee their final decision within fifteen (15) days of the date
of their receipt of the submittal from the county or city. The Planning and Building
Department shall notify parties of recOn"t of the Department of Ecology's final
decision. The revised permit is effec:tive immediatély upon final action by the county
or city or, in the case of a conditional-us~_or .;Yariance, by the Department of Ecology,
in accordance with WAC 173-27-100.
Appeals shall be filed within twenty-one (21) days from the date of receipt of the
local government's action by the department, or the date the department's final
decision is transmitted to local government and the applicant.
2.
3.
4.
5.
86
6.405 EXPIRATION
II ~ mil 11111 ~IIII ~~~~~41
J.".~.on Co~nty. WA POPE RESOURCES ::~~4/~~~~ø~';4ØA
Criteria for determining when a shoreline permit expires are as follows:
2.
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. If such progress has
not been made, a new shoreline permit application will be required. Jefferson
County or the City of Port Townsend may, at its discretion, grant one extension of
the two year time period prior to its expiration for up to one (1) year with prior
notice to parties of record and the department based on faCtors such as project-related
litigation or the inability to expeditiously obtain other governmental permits.
If a project for which a shoreline permit has been granted has not been completed
within five (5) years after permit approval, Jefferson County or the City of Port
Townsend shall at the expiration of the five year period, review the permit and, upon
a showing of good cause, may extend the permit for one (1) year or terminate the
permit; provided no shoreline permit shall be extended unless the applicant has
requested such review and extension prior to the expiration date.
Jefferson County or the City of Port Townsend may issue permits with a fixed
termination date of less than five (5) years, and construction implementati.on date of
less than two (2) years.
1.
3.
-:.
-
?:'
1111111111111111 I1111 :~¡~~?:~:¡,
Jefferlon County, WA POPE RESOURCES RESO 688.00
SECTION 7
VARIANCES
SECTIONS
7.10
7.20
General Variances
Administrative Variances
7.10 GENERAL VARIANCES
Deviation from the design standards contained in this Master Program may be permitted by
variance. Uses which are prohibited within a shoreline environment may not otherwise be
permitted without an amendment to this Master Program. Unclassified uses may be
considered as a conditional use provided prohibited uses shall not be authorized.
Variances from standards contained herein may be permitted where there are eXtraordinary or
unique circumstances relating to the property such that the strict implementation of the
Master Program would impose unnecessary hardships on the applicant or thwart the purpose
and goals set forth in Section 1 of this Master Program.
7.101 APPLICATION
A variance request shall be submitted in wntmg to the Jefferson County Planning and
Building Department and shall be considered an integral part of the permit application. The
request shall include the variance requested and shall contain a statement of the applicant's
justification based on the applicable review criteria and or findings under Subsection 7.103
below.
7.102 PUBLIC HEARING
The J efferson- County Hearing Examiner shall conduct a public hearing on general variance
requests of which notice shall be made in accordapce with requirements set forth in this
Master Program. . -
7.103 REVIEW
-
1.
Variance applications for developments that will be located landward of the ordinary
high water mark and not within areas defined herein as marshes, bogs, or swamps may
88
III m~ 11/11111 ~~lllllllIllllIllm ~:~:: ~41
J.".rlon County, WR POPE RESOURCES =:~~4/~~~~ø~1;4ØR
be authorized provided the applicant can demonstrate Items 1 through 6 of Subsection
7.104.
2.
In addition, the applicant must demonstrate that the strict application of the standards
set fonh in this Master Program precludes or significantly interferes with a reasonable
permitted use of the property.
Variance applications for developments that will be located either waterward of the
ordinary high water mark or within marshes, bogs, or swamps, as defined in this
Master Program, may be authorized provided the applicant can demonstrate Items 1
through 6 of Subsection 7.104. In addition, the applicant must demonstrate that:
a.
The strict application of the standards set forth in this Master Program
precludes a reasonable permitted use of the property; and
The public rights of navigation and use of the shorelines will not be adversely
affected by the granting of the variance.
b.
7.104 CRITERIA
In reviewing a variance application, the Jefferson County Board of Commissioners or Port
Townsend City Council shall make the following findings:
1.
The hardship, as described in either Item 1 or 2 above, is specifically related to the
property and is the result of unique conditions such as irregular lot shape, size, or
natural featUres and the application of this Master Program and not, for example, from
deed restrictions or the applicant's own actions. ,
The design of the project will be compatible with other permitted activities in the area
and will not cause adverse effects to adjacent properties or the shoreline environment.
The variance authorized does not constitute a grant of special privilege not enjoyed by
the other propenies in the area, and will be the minimum necessary to afford relief.
The public interest will suffer no substantial detrimental effect.
The variance will be in harmony with the general purpose and intent of this Master
Program. .
In the granting of all variance applications, consideration shall be given to the
cumulative impact of additional requests for similar actions in the area. For example,
if variances where granted to other developments in the area where similar
circumstances exist, the total of the variances should also remain consistent with the
purpose, goals, and policies of this Master Program and should not produce substantial
adverse effects to the shoreline environment. ";.,
2.
3.
4.
5.
6.
In addition to the above criteria, applicants for v~~iañces from the publ¡c access requirements
of this Master Program shall demonstrate that one or more of the following conditions exist
which cannot otherwise be mitigated:
a.
The provision will result in an unacceptable hazard to the public.
'.~ r",
b.
The inherent securIty requirements of the development preclude access
consideration.
The cost of the access amenity is unreasonably disappropriate to the total cost
of the development-
The provision of access will result in unacceptable environmental harm.
A significant and unavoidable conflict with adjacent uses will occur.
IIIIIIIIIII~I IIIII~I ~ 111111111111 ::.~.~ ~~
J.".rlon County. WA POPE RESOURCES RESO 518.ØØ
c.
d.
e.
7.105 APPROV At
In order to comply with the Shoreline Management Act, any requests for general variances
will be submitted to the Washingron State Department of Ecology for approval, approval
with conditions, or disapproval. The department shall render and transmit its decision to the
applicant and Jefferson COUnty or the City of POrt Townsend within thirty (30) days of
receipt of the final action. Construction may not begin until thirty (30) days has elapsed from
the date the department has transmitted its approval to the applicant and Jefferson County or
the City of Port Townsend.
7.20 AD MINIS TRA TIVE VARIANCES
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 Hearing
Examiner or Porr Townsend City Council upon recomme'ndation of the Jefferson County
Planning and Building Department or Port Townsend Shoreline Administrator when the
board or council is assured the variance is in keeping with the general intent of this Master
Program and the Shoreline Management Act. In doing so, either body may require special
conditions, which in their judgment will substantially secure the administrative procedures or
requirements so varied.
:0
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90
IIIIIIUII ~~ II~I ~II Ol~ 111101 ~.~~;~~.,
J""rlon Co~nty, WA POPE RESOURCES 18/14/2111 11:41A
RESa 598 . IØ
SECTION 8
PROGRAM REVISIONS
In order to comply with RCW 90.58.190, Jefferson County and the City of Port Townsend
shall periodically review this Master Program and make such adjustments that are desirable or
necessary.
The Jefferson County Planning Commission shall develop and/or review any proposed
amendments and adjustment~ to this Master Program and make recommendations relative
thereto to the Board of County Commissioners.
Any such revisions or adjustments shall be submitted to the Washington State Department of
Ecology only after completion of at least one public hearing in accordance with the
requirements set forth under WAC 173.19, and upon favorable recommendation by the
Jefferson County Board of Commissioners and Porr Townsend City Council. No such
revision or adjustment shall become effective until it has been approved by the \v ashingron
Stare Department of Ecology.
-.
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1IIIIIIIilili ~IIII~ 1111 ~:~;~ ~4I
J.".r,a" Cau"tv, WA POPE RESOURCES ::~g4/~~~~ø~1:4ØA
SECTION 9
LEGAL PROVISIONS
SUBSE CTI ONS
9.10
9.20
9.30
9.40
9.50
Violations and Penalties
Appeals
Severability
Effective Date
Adoption
9.10 VIOLATIONS AND PENALTIES
9.101 COURT ACTION
The Washingron State Attorney General, or the attorney for Jefferson COUnty or the City of
POrt Townsend, shall bring such injunctive, declaratory, or other actions as are necessary to
ensure that no uses are made of the shorelines of the state in conflict with the provisions of the
Shoreline Management Act and this Master Program, and to Otherwise advance the provisions
of each.
9.102 GENERAL PENALTY
In addition to incurring civil liability under RCW 99.58.210 and Subsection 9.101 above, any
person found to have willfully engaged in activities on the shorelines of the state in violation
of the provisions of this section or any of the Master Program's rules or regulations adopted
pursuant thereto shall be guilty of a gross misdemeanor and shall be punished by a fine of not
less than twenty.five dollars ($25) nor more than one thousand dollars ($1,000) or by
imprisonment in the COUnty jail for not more than ninety (90) days, or by both such fine and
imprisonment; provided the fine for this and all subsequent violations in any five (5) year
period shall not be less than five hundred dollars ,($500) n.C?r more than ten thousand doHars
($10,000). - '
In order to abate or correct violations of the Shot-eline Management Act or this Master
Program, Jefferson COUnty or the City of Pon Townsend and/or the Washington State
Department of Ecology may issue a regulatory order in accordance with WAC 173.27.
.'
92
9.103 VIOLATOR'S LIABILITY
IIII~ I ~'IIIIIIIIIIII '11111111 ~5.:~~"
J.".rlon County. W~ POPE RESOURCES Ø8fØ4f2ØØø 11:4Ø~
RESO 598.Ø0
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 behalf of all persons
similarly situated. If liability has been established for the cost of restoring an area affected by a
violation, the court shall make provisions to ensure that restOration will be accomplished
within a reasonable time at the expense of the violator. In addition to such relief, including
money for damages, the court in its discretion may award attorney's fees and costs of the suit
to the prevailing party.
9.104 PERMIT CONDITION VIOLATIONS
Any Shoreline permit may, after a hearing with notice to the permittee and the public, be
rescinded by Jefferson County or the City of Port Townsend upon the findings that a
permittee has not complied with the conditions imposed with the permit. A public hearing
may be held after ten (10) days notice to the permittee, interested parties, and the public.
In the event the Washington State Department of Ecology is of the opinion that such non-
compliance continues to exist, the department shall provide written notice to Jefferson
County or the City of Port Townsend and the permittee. If the county or city takes no
action to conduct a hearing within thirty (30) days of the written notice, the department may
then petition the Washington State Shorelines Hearings Board for a rescission of such permit
within fifteen (15) days of the termination of the thirty day notice to the county or city.
Notice of such a petition shall be made to the county, city, and permittee.
9.20 APPEALS
.9.201 ADMINISTRATIVE APPEALS
Any person who considers their self aggrieved by an administrative decision or interpretation
associated with the Shoreline Management Act and this Master Program shall within ten (10)
days of the date of final action, appeal in person or in writing to the Jefferson COUnty Hearing
Examiner or Port Townsend Council with respect to their separate jurisdictions for
adjudication of the grievance.
-.
9.202 PERMIT APPEALS
..'
-
Any person aggrieved by the granting or denying of a permit on shorelines of the state, or
rescinding a permit pursuant to the Shoreline Management Act as not or hereafter amended,
may seek review from the Washington State Shorelines Hearings Board by filing a request for
the same 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
93
IIIIIIII H' I~I ~III' ~II'~ :~:.~ ~:¡,
J"',rlon County, WA POPE RESOURCES RESO 688,00
this section pertaining to a final order of a local government, the requester shall file a copy ot
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 review otherwise
available to the requester. The Departmem and the Attorney General may intervene to
protect the public imerest and ensure that the provisions of the Shoreline Management Act are
complied with at any time within thirty (30) days from the date of the filing of the copies of
the requester.
The Department or Attorney General may obtain review of any f.inal order granting a permit,
or graming or denying an application for a permit, issued by Jefferson County or the City of
Pon Townsend by fil.ing a written request with the Washington State Shoreline Appeals
Board and the appropriate local government within thirty (30) days from the date of the final
order was filed, as provided under RCW 90.59.140(5).* [*SeeAdministrative Interpretation,
Page 107.J
9.30 SEVERABILITY
If any section, subsection, or other portion of this Master Program is held invalid by any
Court of competem jurisdiction or any review authority provided by the Shoreline
Management Act, such holding shaH not affect the validity of the remaining portions of this
Master Program unless to specified.
9.40 EFFECTIVE DATE
This Master Program, as amended, is effective March 7, 1989 upon adoption by the
Washington State Department of Ecology as provided under RCW 90.58.090.
-+
"
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94
9 . 50 AIXPTI ON
This master program, as amerx1ed, is hereby approved by the Jefferson-Port
Tcwnsend Shoreline Management Advisory Camnission this 09/07/88
,J z:J:! If U<:::ilJtf-POR'l' TCNlSEND SB:iŒLINE:
. ~ ADVISORY c::c:øIISSIœ
ch ",ø¿ ¡:S~
o;~
Alice King, See
, -:. _.:r ;;,
This ~ter p~t J3S ,amended, is hereby approved by the
TCM1S~'Ma~:.~ '-.,,/~\m~9..l..tlûs 09/20/88 .
'- l 'V';",:" ;" -' "~"'" ",
SEAL c,' t i;r' --, " ~~):'\ (/~ ': , CIIT OF PORT TCWNSEND
I -<, . , , . c2::b
. . \ . ."...; ~ ' '" ~'..:" .", .. þ "
'~\~Q.~-'O~+;~, ..~:' j
.\\:\r:~:'i¡¡":;":': :";
. "~')iß';~'~
ß:'J:" ,~'-~..::.: ..-\" :'
ATI'EST: '- ", .
City of Port
, ,
David Grove, Clerk-Treasurer
This master program, as amended, is hereby approved by the Jefferson
County Board of Canmissioners this 09/19/88
,J Q'.t"l2<SON COONTY BOARD OF
CCMo1ISSIONERS
~~J
erdine C. Bragg
Clerk of the Board
B.G. Bram, Chairman
~~~4?/;~
Larry . Dennison, Member
~ -~
", -~
C', ~zy~ C. Brown, Member
ATI'EST:
86
IIIIIIIIIIIII~ II~ II ~~~~~ ~j,
J"'.rlan Cauntv, WR ~OPE ~ESOURCE8 ~ESO 5.1,00
IIII~ IIIII~IIIIIIIIIIIIIIIIII ~~~;~ ~41
J.".rlon County, WA ~OPE RESOURCES ::~~4/i~~~ø~1'4ØA
APPENDIX "A"
MARINE SHORELINES
CONSER V ANCY begins at the Clallam-Jefferson County line and continues along the
shoreline, (except for the Gardiner Marsh which is NATURAL), ending at a point on the
South section line of Section 13, Township 29 North, Range 2 West, WM, where suburban
begins.
SUBURBAN follows the shoreline, (except for those lands waterward of the railroad tracks
between Salmon and Snow Creeks which are classified NATURAL), ending 100 feet West of
the West bank of Snow Creek where conservancy begins.
CONSERVANCY follows the shoreline to a point 100 feet East of the East bank of Snow
Creek where suburban begins.
SUBURBAN includes all that along the shoreline, (except those lands lying waterward of the
railroad tracks which are designated CONSERVANCY), to a point 1,000 feet North of the
intersection of the Fairmount Road and State Route 20 where conservancy begins.
CONSERVANCY continues along the shoreline, ending at the North section line of Section
5, Township 29 North, Range 1 West, WM, where suburban begins.
SUBURBAN follows the shoreline to a point 3,100 feet North of the South section line of
Section 32, Township 30 North, Range 1 West, WM, where conservancy begins.
CONSERVANCY follows the shoreline, (except for the Chevy Chase Marshes which are
designated NATURAL), ending 800 feet East of the Southwest corner of Section 24,
Township 30 North, Range 2 West, WM, where suburban begins.
SUBURBAN continues along the shoreline, en~ing on the east section line of Section 23,
Township 30 North, Range 2 West, WM, where conservancy begins.
CONSERVANCY follows the shoreline to a point 1,000 feet North of the South section line
of Section 12, Township 30 North, Range 2 West, W~, wh~re natural and suburban begins.
NA TURAL and SUBURBAN is a dual clåssificatiøn with natural comprising that area
between the line of ordinary high water to the top of the bluff and suburban comprising the
remainder of the 200 foot jurisdictional area. This dual designation follows the shoreline to a
point at the Westerly boundary of Fort Worden State Park where natural and conservancy
begins.
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96
1/1 ~I~ 1111/11/1 II ~I~ ~I'~ IIIIII~ ~~~~~ ~1
J.".rlon Countv, WA POPE RESOURCES RESO 89~~18~' :418A
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 natural comprising that area
from the ordinary high water line to the Fort Worden State Park access road and conservancy
comprising that remaining area of the 200 foot jurisdiction. This dual classification goes along
the shoreline to a point 2,100 feet South from the North section line of Section 35, Township
31 North, Range 1 West, WM, where conservancy begins.
CONSERVANCY continues along the shoreline where it ends at the Southern boundary of
Fort Worden State Park where natural and suburban begins.
NA TURAL and SUBURBAN is a dual classification with natural being that area between the
line of ordinary high water to the top of the bluffs and suburban being the balance of the 200
foot jurisdictional area. This dual classification follows the shoreline to the Southern
boundary of Chetzemoka Park where urban begins.
URBAN follows the shoreline ending 4,700 feet South of the North section line of Section 16,
Township 30 North, Range 1 West, WM, where conservancy begins.
CONSERVANCY follows the shoreline to the Southern boundary of Old Fort Townsend
State Park where conservancy and suburban begins.
CONSERVANCY and SUBURBAN is a dual classification with conservancy being that area
. between the ordinary high water line to a point 50 feet landward from the edge of the bluffs
and suburban being the remaining 150 feet of the 200 foot jurisdictional area. This dual
designated area follows the shoreline, (except for that area from a point 2,000 feet Northwest
of Kala Point to a point 900 feet South of the South section line of Section 26, Township 30
North, Range 1 West, WM, which is classified NATURAL), to the South section line of
Section 26, Township 30 North, Range 1 West, WM, where conservancy begins.
CONSER V ANCY follows the shoreline inclu~inK the. mouth and both banks of the
Chimacum Creek, (except the estuarine:- !Vaters 'of the creek which are designated
NA TURAL), ending at the South bank of the moûth 01 the creek where urban begins.
URBAN follows the shoreline to a point 300 feet South of the North section line of Section 2,
Township 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 belongs.
11111111 m 1I111 ~~.~~?:~~
J.".~.on Co~ntVI WA POPE RESOURCES RESO 698,00
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 CONSER V ANCY), ending at the point 2,200 feet East of the East section 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 section line of Section 21,
Township 29 North, Range 1 West, WM, where suburban begins.
SUBURBAN goes along the shoreline ending on the North side of the Indian Island Bridge
where conservancy begins.
CONSER V ANCY includes that area along the shoreline (except the Oak Bay Park Marsh and
Lagoon which are designated NATURAL), to a point where Portage Way Road extends into
Oak Bay within Section 7, Township 29 North, Range 1 East, WM, where suburban begins.
SUBURBAN goes along the shoreline to a point due East of the Southern intersection of the
- Oak Bay Road and Sentinel Firs Road where conservancy begins. .
CONSERVANCY follows the shoreline to a point 700 feet West of the East section line of
Section 29, Township 29, North, Range 1 East, WM, where suburban begins.
SUBURBAN follows the shoreline to a point of the North side of Mats Mats Bay, 3,000 feet
East of the West section line of Section 33, Township 29 North, Range 1 East, WM, where
conservancy begins.
CONSERVANCY goes along the shoreline, ending at Basalt Point where suburban begins.
SUBURBAN goes along the shoreline to the South section line of Section 9, Township 28
North, Range 1 East, WM, where urban begins.
URBAN includes that area of the shoreline to a point where Ludlow Creek intersects with
the Paradise Bay Road on the North side of the creek where. suburban begins.
:.
SUBURBAN follows the shoreline, (exceptför the Ludlow Creek estuary which is designated
NATURAL), ending 500 feet East of the West seciio~iine of Section 15, Township 28 North,
Range 1 East, WM, where conservancy begins.
CONSER V ANCY follows the shoreline to a point 2,200 feet South of the North section line
of Section 15, Township 28 North, Range 1 East, WM, where suburban begins.
98
111111111111 111111 :¡~~~:~::.
Jlfflrlon County, WA POPE RESOURCES RESO 888.00
SUBURBAN goes along the shoreline ending at the sand spit connecting Hood Head with the
mainland where natural and conservancy begins.
NA TURAL and CONSER V ANCY 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.
CONSERVANCY follows the shoreline to a point 700 feet West of the West section line of
Section 2, Township 27 North, Range 1 East, WM, where suburban begins.
SUBURBAN continues along the shoreline ending 4,800 feet West of the East section line of
Section 33, Township 28 North, Range 1 East, WM, where natural begins.
NA TURAL goes along the shoreline to a point 4,600 feet South of the North section line of
Section 32, Township 28 North, Range 1 East, WM, where suburban begins.
SUBURBAN follows the shoreline ending 1,000 feet South of the South section line of
Section 4, Township 27 North, Range 1 East, WM, where conservancy begins.
CONSERVANCY follows the shoreline ending 4,400 feet North of the North section line of
Section 9, Township 27 North, Range 1 East, WM, where suburban begins.
SUBURBAN follows the shoreline, (except for the salt marsh lying South of the Bridgehaven
Road which is designated NATURAL), to a point immediately South of South Point where
conservancy begins.
CONSERVANCY follows the shoreline along the Toandos and Bolton Peninsulas, (except
for the Thorndyke Marsh and Fisherman's Point Marsh which are designated NATURAL),
ending on the West side of the Bolton Peninsula at the North section line of Section 30,
Township 27 North, Range 1 West, WM, where suburban begins.
SUBURBAN continues along the shoreline to a point 1,200 feet North of the South section
line of Section 19, Township 27 North, Range 1 West, WM, where urban begins.
URBAN follows the shoreline ending 2,600 feet North of the South section line of Section 19,
Township 27 North, Range 1 West, WM, where suburban begins.
SUBURBAN follows the shoreline to a point _~,50g feet East of the West section line of
Section 18, Township 27 North, Range 1 West, WM, where conservancy begins.
CONSERVANCY follows the shoreline to a point 500 feet South of the North section line of
Section 25, Township 27 North, Range 2 West, WM, where suburban begins.
99
II tllllllllllill 111111 ~:~~~,~ ~:¡,
J.".rson County, WA POPE RESOURCES RESO 698.00
SUBURBAN continues along the shoreline, ending 2,800 feet South of the North section line
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 West section line of
Section 7, Township 26 North, Range 1 West, WM, where conservancy begins.
CONSERVANCY follows the shoreline to the East side of Spencer Creek where suburban
begins.
SUBURBAN follows the shoreline, (except for the Right Smart Cove Tidal Marsh which is
classified NATURAL), ending at the West section line of Section 24, Township 26 North,
Range 2 West, WM, where conservancy begins.
CONSERVANCY follows the shoreline to a point 2,600 feet South of the North section line
of Section 26, Township 26 North, Range 2 West, WM, where suburban begins.
SUBURBAN continues along the shoreline ending 4,000 feet South of the North section line
of Section 26, Township 26 North, Range 2 West, WM, where conservancy begins. .
CONSER V ANCY follows the shoreline, (except the Dosewallips River estuary which is
designated NATURAL), ending 3,500 feet South of the North section line of Section 2.
Township 25 North, Range 2 West, WM, where suburban begins.
SUBURBAN goes along the shoreline to a poine 1,000 feet South of the North section line of
Section 23, Township 25 North, Range 2 West, WM, where conservancy begins.
CONSERVANCY follows the shoreline, (except the Duckabush River estuary which is
designated NATURAL), to a point 1,500 feet South of the North section line of Section 21,
Township 25 north, Range 2 West, WM, where suburban begins.
SUBURBAN follows the shoreline to the South section-Jine of Section 21, Township 25
North, Range 2 West, WM, where conservancy begins,
'.
CONSERVANCY goes along the shoreline to'theo.South side of McDonald Creek where
suburban begins.
SUBURBAN continues along the shoreline to a poine 3,400 feet South of the North section
line of Section 29, Township 25 North, Range 2 West, WM, where conservancy begins.
100
II JIIiI/III/1I111/11 111111/ ~:4~:'~ ~~
J8"8rlon County, WA POPE RESOURCES RESO 598.00
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 50mh section
line of Section 31, Township 25 North, Range 2 West, WM.
ISLANDS
Protection Island-NATURAL begins at the East section line of Section 4,. Township 30
North, Range 2 West, WM, and extends West around Kanem Point, then North and East to
Violet Point, then West to the Eastern jetty of the marina entrance where conservancy begins.
CONSERVANCY extends to the West section line of Section 3, Township 30 North, Range
1 West, WM.
Skunk Island-NATURAL.
Indian Island-CONSER V ANCY begins at the Indian Island Bridge and extends 3,500 feet
East of the West section line of Section 7, Township 29 North, Range 1 East, WM, where
natural begins. NATURAL, which encompasses the mud flats and spit, extends 100 feet East
of the West section line of Section 8, Township 29 North, Range 1 East, WM, where
conservancy begins. CONSER V ANCY extends to Marrowsrone Island.
Marrowstone Island--CONSER V ANCY, (except for Buggie Spit which is designated
NA TURAL).
The Twins--NA TURAL.
Klas Rocks-NATURAL,
-Colvos Rocks..NA TURAL.
Hood Head-CONSERVANCY.
Bridgehaven Bar-NATURAL.
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1n1
111I11/1~~ IIIII~ ¡lilli/III II/I II/III I!I!IIII/l II 1111 ~~~:.~ ~:¡R
Je"er.on County, W~ POPE RESOURCES RESO 698,00
LAKES
The following lakes are all designated CONSER V ANCY:
Anderson Lake
Chinese Gardens
Crocker Lake
Gibbs Lake
Kah T ai Lagoon
Leland Lake
Lords Lake
Peterson Lake
Sandy Shore Lake
T arboo Lake
Unnamed Lake
Wahl Lake
RIVERS AND CREEKS
The following river and creeks are all designated CONSERVANCY:
Big Quilcene River
Bogachiel River
Cedar Creek
Chimacum Creek
Christmas Creek
Clearwater River
Dosewallips River
Duckabush River
Fulton Creek
Goodman Creek
Hoh River
Hurst Creek
Kalaloch Creek
Little Quilcene River
Maple Creek
Matheny Creek
Miller Creek
Miller Creek (East Fork)
Minter Creek
Mosquito Creek
Nolan Creek
Owl Creek
Quinault River
Rocky Brook
Salmon River
Shale Creek
Snahapish River
Snow Creek
Sollecks River
Stequaleho Creek
Winfield Creek
All wetlands associated with the 100 year floodplain of streams within the jurisdiction of this
Master Program and all shorelines of the state located within the boundaries of federal lands,
and not otherwise classified, shall be designated C~nservancy.
-'
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102
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JEFFERSON COUNTY
PLANNING AND BYILDING DEPARTi'tIENT
P,I), H..x I :.!~()
POrT Tr¡wn:;,,',nd, Wa:;hin¡,¡rIJ/1 flWJ!i,'j
PI¡lIlning (:!tJti) :)i'),}-!)l~fJ
BlIildín~ (:.!()fj) :)S.,)-9l,ll
,JEFFERSON COt:~TY COt:RTHOl:SE
David Goldsmith. Director
MEMORANDUM
To:
Shoreline Property Ow~e~s
Residential Contractors
From:
Jefferson County Planning and B~ilding Department
Subject:
Setbacks for residential s~r~ct~res wi~hin the shoreline
jurisdiction
Setbacks for construc~ing residences and common appurtenant structures
including garages within the shoreline jurisdiction are specified in the
Jefferson-Port Townsend Shoreline Nanagement Master ?rogram, Section 5.1.60
RESIDENTIAL DEVELOPMENT. Performance Standard 10.
The minimum setback is thirty (30) feet from the o::-dinary high wate::- :r.ark
when there is no ba:1k or a bank less than t~n (1.0) feet high.
When the~e is a bank greater than ten (10) feet hiçh, the setback is thirty
(30) feet measure' "om the top of the ban:.;: or °"'.:: (1) feot back troIT'. the
-;:0:9 of the bank for each foot of bank heigh~ whichev!::!::- is greater.
Setbacks shall not e:<ce~d one hundred (100) teet.
When there are existing residences within three hundred (300) feet on both
sides of the proposed builòng site. the setoack shall be the average c=
those residences or the regulation setback, whichever is less. !n those
instances where there is a s.:.ngle reside!1ce withi~ t~ree hu.ndr:2¿ (300) t:;e':
of the proposed bu..::.ldi!1g site, the setb~.ck shall be the ave::.-age of t~e
regulation setback and the setback of the existing reside::.ce 0::." the
regulation setback, whicheve:::- is less.
~esidences used for averaging purposes s~aU be habitable by exisd~~
Jefferson County standa:-ds. Shacks, sheds, ar:.ç;, dilapidated st¡-uctures sha2.:
not constitute an existing residence. :. '
When a residential setback is established.?,s a condition of the approval of
a residential development. that setback sha':l take precede¡'1ce.
Setbacks shall be measured from the waterward most edge of th~ struct'-:;.;-e,
excluding decks and eaves.
Requests for deviations from these standards shall be considered as
administrative variances suojec~ to Mast::!r ?::."ogram Section 7.20
ADMINISTRATIVE VARIANCES and shall oe reviewed under tl1e c:-::.teria ir.
Section 7.104 CRITERIA.
[05 IIII m I ~ III III 1111 ~ ~.~~~ ~~
Jefferlon County, WA POPE RESOURCES RESO 698,00
1111111111111111 1111
J.".rlon County, WA POPE RESOURCES
II 43!5974
Pa;., 6370' 641
0S/04/2000 11 :40A
RESO 69B. 00
SHORELINE MASThR 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 of the Jefferson
COUnty Planning Department or POrt Townsend Shoreline Administrator when the Board or
Council is assured the variance is in keeping with the general intent of this Master Program
and the Shoreline Management Act. In doing so, either body may require special conditions,
which in their judgement will substantially seCUre the administrative procedures or
. requirements so varied.
REVIEW
Variance applications for developments that will be located landward of the ordinary high
Water mark and not within areas defined herein as marshes, bogs, or swamps may be
authorized provided the applicant can demonstrate Items 1 through 6 of the criteria below. In
addition, the applicant must demonstrate that the striCt application of the policies, procedures,
or performance standards set fonh in this master program precludes or significantly interferes
with a reasonable permitted use of the propeny.
CRITERIA
In reviewing a variance application, the Jefferson County Board of Commissioners Or POrt
Townsend Council shall make the following findings: '
1.
The hardship, as described above, is specifically related to the property and is the result
of unique conditions such as irregular lot shape, size, or natural features and the
application of this Master Program and not, for example, from deed restrictions or the
applicant's own actions.
\ The design of the project will be compatible with other permitted activities in the area
and will not cause adverse effeCts to adjacent propenies or the shoreline environmental
designation.
The variance authorized does not constitUte a grant of special privilege not enjoyed by
the other properties in the area, and will be the minimum necessary to afford relief.
The public interest will suffer no substantial_detrimental effect.
The variance will be in harmony~_ith the general purpose and intent of this Master
Program. -- .-.: -
In the granting of all variance applications, consideration shall be given to the
cumulative impaCt of.additional requests for similar actions in the area. For example,
if variances were granted ro other developments in the area where similar
circumstances exist, the total of the variances should also remain consistent with the
purpose, goals, and policies of this Master Program and should not produce substantial
adverse effects to the shoreline environment.
2.
3.
4.
5.
6.
106
--.- --.-- --~.. --
111111111/11111/11111111111 ~~~~~~:¡,
Je"erlon County, WA POPE RESOURCES RESO 698.00
which to base futlJn: decisions on industrial activities. It is anticipated that the Glen Cove area will be
detennined 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 on market demand or
other factors. Recent amendments to the GroWth Management Act (GMA) allow jurisdictions to
recognize existing master planned resorts which may constitute urban groWth outside of Urban GroWth
Areas as limited by RCW 36.70A.362.
Jefferson County current!}' contains one master planned resort, Port Ludlow, and prohibits the siting of
any additional MPRs. Tñe master planned resort of Port Ludlow is characterized by both single-family
and multi-family residential units with attendant recreational facilities including a marina. resort and
convention center, and i~ ol)e of Jefferson County's fastest growing communities. Located on Port
Ludlow Bay and surTounded by an area of significant natural amenities, Port Ludlow is suited to be
designated as a master planned resort.
Port Ludlow is managed by Olympic Resources Management (ORlvl), a corporation which is responsible
for the phased development of the community and resort. Although Port LudJow is a planned
development, its overall phased development pattern may change according to changing market
conditions. Any change in the development plan will need to be reviewed for consistency with the
Comprehensive Plan and for compJiance with Port Ludlow's FEIS and all applicable federal, state and
local regulations. Currently, a development agreement is being prepared between ORM and the County
that, if adopted, will allow for flexibility in the overall development of the Port Ludlow master planned
resort within the limits of a residential cap of 2250 residential units and a total of 65,000 sq. ft. of
retaiVcommercial development.
The Comprehensive Plan contains policies in LNG 25.0 that help guide development at Port Ludlow.
Many of Port Ludlow's goals and policies were drafted from issues identified by community residents
who, through the establishment of community planning groups, articulated their desired plan for Port
Ludlow's future development. The goals and policieS identified by the community and included in
Jefferson County's Comprehensive Plan focus on maintaining and enhancing Port Ludlow's recreational
and community amenities, and preserving the community's lifeStyle.
DESIGNA TION OF RURAL Rl;SIDENTIAL DENSITIES
Jefferson County believes that the best means available to retain open space, environmental quaJities,
traditional land uses, and other elements of rural character is through low density residential
development, small-scale rural village centers and crossroads. and where appropriate, resource~based
industrial uses that cannot be accommodated within the UGA of Port Townsend.
Density designations and development regulations ultimately guide the pattern and intensity of
development. While the GroWth Management Act does not specifically identify appropriate densities, it
does state: that a variety of rural land use densities should be provided for residential uses. The densities
determined are guided by the County's analysis of GroWth Management Hearings Board rulings, and are
based on existing development patterns, available land, projected groWth rate and level of service
standards. -'
leffenon County Comprehensive Plan
. 3-31
AUIUIC 2&. 1991
II 1111 111111111 1/111 '"I 1'"11 II ! "'111 1111 ~:~~~~.~ ~::,
J"'.rlon County, WA POPE RESOURCES RESa 698.0Ø
SHORELINE MASTER PROGRAM
ADMINISTRA TIVE 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 of the Jefferson
County Planning Department or Port Townsend Shoreline AdministratOr when the Board or
Council is assured the variance is in keeping with the general intent of this Master Program
and the Shoreline Management Act. In doing so, either body may require special conditions,
which in their judgement will substantially secure the administrative procedures or
requirements so varied.
REVIEW
Variance applications for developments that will be located landward of the ordinary high
water mark and not within areas defined herein as marshes, bogs, or swamps may be
authorized provided the applicant can demonstrate Items 1 through 6 of the criteria below. In
addition, the applicant must demonstrate that the strict application of the policies, procedures,
or performance standards set forth in this master program precludes or significantly interferes
with a reasonable permitted use of the property.
CRITERIA
In reviewing a variance application, the Jefferson County Board of Commissioners or Pon
Townsend Council shall make the following findings:
1.
The hardship, as described above, is specifically related to the property and is the result
of unique conditions such as irregular lot shape, size, or natural featUres and the
application of this Master Program and not, for example, from deed restrictions or the
applicant's own actions.
The design of the project will be compatible with other permitted aCtivities in the area
and will nor cause adverse effects to adjacent properties or the shoreline environmental
designation.
The variance authorized does not constitute a grant of special privilege not enjoyed by
the other properties in the area, and will be the minimum necessary to afford relief.
The public interest will suffer no substantial d~trim~ñtal effect.
The variance will be in harmony witq the general purpose and intent of this Master
Program. -
In the granting of all variance applications, consideration shall be given to the
cumulative impact of additional requests for similar actions in the area. For example,
if variances were granted to other developments in the area where similar
circumstances exist, the total of the variances should also remain consistent with the
purpose, goals, and policies of this Master Program and should not produce substantial
adverse effects to the shoreline environment.
2.
3.
4.
5.
6.
,r'f-
, ' c.,
111111111111111 111111 ~~~~;:~~
Jefferlon County, WR POPE RESOURCES RESO 888.00
MASTER PLANNED RESORT
GOAL:
LNG 25.0
,
POLICIES:
LNP 25.1
LNP 25.2
LNP 25.3
LNP 25.4
LNP 2S.s
LNP 25.6
LNP 25.7
,LNP 25.8
Maintain the viability of Port Ludlow as JeffenoQ County's Daly Master Planned
Resort (MPR).
Ensure that development in Port Ludlow complies with County development regulations
established for critical areas and that on-site and off-site infi'astructure impacts are fulJy
considered and mitigated. .
The provision of urban-style services to support the anticipated growth and development
at Port Ludlow shall OCcur only within the designated MPR boundary.
No new urban or suburban land uses will be established in the vicinity of the Port
Ludlow Master Planned Resort.
The total number of residential lots alJowable within the MPR boundary shall not exceed
the 1993 Port Ludlow FEIS total of2,250 residential dwelling units.
Port Ludlow shalJ accommodate a variety of housing types, including affordable
housing, single family and multi-family housing and assisted living care facilities.
Support efforts to preserve and protect Port Ludlow's greenbelts, open spaces and
wildlife corridors.
LNP 25.6.1
Support the establishment of a Ludlow Creek Nature Preserve.
No preliminary plats will be processed by Jefferson County for the 200-acre area south
of the Port Ludlow Golf Course within the MPR boundary (as depicted on the official
Jefferson County Land Use Map) úntil such time as a conceptual site plan has been
approved by the County.
The Port Ludlow Master Planned Resort commercial area shall be designated as the Port
Ludlow Village. Commercial Center.
Jeft"enon COW'ICy Comprehensive Plan
3.92
AufUII 11. 1991
c.
...,."" ------..,"----._------"-
-----
Action Items
IIIIIU 111111111111 ~~~~~~~~
J.ff.rlan County, WA POPE RESOURCES RESO 898.00
I.
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 prefeCTed 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 an~ a process for implementing them shall, upon adoption, be
ihcorporated 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 development bulk and dimensional
guidelines shall be developed for Rural Crossroads and the Rural Village Center designations.
These guidelines shall include, but not be limited to, the following parameters: building bulk
requirements (sales floor area and total leasable area), shape or configuration, setbacks, lot
coverage, building design and building materials, road frontage, distance from public roads:
landscaping standards, buffering, parking requirements, signage and lighting standards.
(Corresponding.Goals: 1.0, 2.0, 4.0, 5.0, 17.0, 18.0)
4.
Initiate a study of innovative site planning techniques which preserve rural character, open space,
and provide for a full range of rural residential opportunities. These techniques may include, but
should not be limited to residential clustering process. An upper cap on building size should also
be defined for each zoning district in the County. After evaluation, ordinance amendments shall
be prepared to incorporate techniques into appropriate sections of the Zoning and Subdivision
Codes. Consider impact fees for development costs.
(Corresponding Goals: 1.0,2.0,3.0, 14.0, 15.0, 18.0,21.0,22.0,23.0)
MASTER PLANNED RESORT
Jefferson County's strategy is to coordinate efforts with Port Ludlow to support its development as a
Master Planned Resort while containing "urban" type development within the boundaries of the Resort.
Action Items
1.
2.
3.
Establish procedures for monitoring groWth to ensure that Port Ludlow does not exceed its
targeted population and housing projections. (CoCTesponding Goal: 25.0)
Encourage the MPR to provide a mixture of affordable housing types including single-family,
multi-family, and assisted care living facilities. (CoCTesponding Goal: 25.0)
Allow for the adoption of a Development Agreement between the Jefferson County and Olympic
Resource Management pursuant [0 RCW 36.708.170. (Corresponding Goal: 25.0)
Jctrenon Counry ComprehcnJivc PIIU\
3~94
AUIUIC 28, 1991