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HomeMy WebLinkAbout09.15.2022 Planning Commission AgendaArlene Alen – District 1 LD Richert – District 2 Kevin Coker – District 1 Richard Hull, Chair – District 3 Cynthia Koan – District 1 Chris Llewellyn – District 3 Matt Sircely, Vice Chair -District 2 Michael Nilssen – District 3 Lorna Smith – District 2 Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 1 AGENDA JEFFERSON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Special Meeting – September 15, 2022 Tri Area Community Center, 10 West Valley Road, Chimacum, Washington 98325 COVID-19 NOTICE LIMITED IN-PERSON PUBLIC ATTENDANCE ALLOWED Up to 50% of the venue’s capacity may be used for in-person attendance. The public may also join the meeting via Zoom. (Per Jefferson County RESOLUTION No. 41-22) You can join this meeting by using the following methods: Zoom Meeting: Meeting ID: 886 7104 7253 Passcode: 894561 https://us02web.zoom.us/j/88671047253?pwd=OU8vTWZGWTVRRGNRVEQ1c2k0WDVadz09 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.”. Participation will be up to the Chair of the meeting Audio-only: For one tap mobile copy and paste: +12532158782,,88671047253#,,,,*894561# Please sign on 5 to 10 minutes before the official start of the meeting to check sound and video quality This video will be closed-captioned enabled. 5:30PM Welcome Chair and Overview Presentation 1. Call to Order/Roll Call 2. Approval of Agenda 3. Approval of Minutes a. September 7, 2022 Minutes 4. Planning Commission Updates a. (10 minutes) 5. DCD Staff and Director Updates (5 minutes) a. September 7, 2022 Draft of Legal Lot of Record Ordinance PUBLIC COMMENT 6. Three minutes per speaker. There will be an opportunity to comment on the Legal Lot of Record during the hearing, before the Planning Commission begins drafting their Recommendation. Arlene Alen – District 1 LD Richert – District 2 Kevin Coker – District 1 Richard Hull, Chair – District 3 Cynthia Koan – District 1 Chris Llewellyn – District 3 Matt Sircely, Vice Chair -District 2 Michael Nilssen – District 3 Lorna Smith – District 2 Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 2 CONSENT AGENDA No Consent Agenda Items this meeting REGULAR BUSINESS 7. Legal Lot of Record a. Continuation of Public Hearing b. Planning Commission Deliberation and Recommendation 621 Sheridan St. P: 360-379-4450 Port Townsend, WA, 98368 PCommissionDesk@co.jefferson.wa.us Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 1 MEETING MINUTES JEFFERSON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Regular Meeting – September 7, 2022 Tri Area Community Center, 10 West Valley Road, Chimacum, Washington 98325 5:32PM Welcome Chair and Overview Presentation 1.Call to Order/Roll Call District 1 District 2 District 3 Alen Present Sircely Present Hull Present Coker Present Smith Present Nilssen Excused Koan Present Richert Present Llewelyn Present 2.Approval of Agenda 3.Approval of Minutes a.August 17, 2022 Minutes Motions Motion # Motion 1st 2nd Yay Nay Abstain 1 Motion to Approve minutes Coker Alen 5 0 3 2 Motion to vote for Chair at this meeting Koan Richert 7 0 1 3 Motion voting for Commissioner Hull as Planning Commission Chair Hull 7 0 1 4 Motion to vote for the Vice-Chair at this meeting Hull 7 0 1 5 Motion voting for Commissioner Sircely as Planning Commission Chair Hull 7 0 1 PUBLIC COMMENT 4.Three minutes per speaker. No members of the public spoke. 5.Planning Commission Updates a.Commissioner Koan reports that she and Commissioner Nilssen have prepared a draft of the Planning Commission bylaws. It will be included with the agenda for the September 17, 2022 Planning Commission Retreat. It will be discussed during the retreat, but action can only be taken during a regular meeting. 6.DCD Staff and Director Updates (5 minutes) – Director Brent Butler a.Stock Plans. The subcommittee presented the stock plans to the Board of County Commissioners. DCD staff shared a staff report. The Board would like to gauge community interest in the proposed plans before committing funding. The subcommittee will reconvene to discuss how to measure public interest. ITEM 3a 621 Sheridan St. P: 360-379-4450 Port Townsend, WA, 98368 PCommissionDesk@co.jefferson.wa.us Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 2 b. Out of an abundance of caution, the hearing is continued to a special meeting on September 15, 2022, at 5:30 PM. People without internet access can attend in person because the special meeting will be a hybrid event. The special meeting will be noticed in The Port Townsend Leader. The discussion can begin tonight, but the record will remain open so that the public can give in-person comment at the special meeting. c. Members of the public are invited to comment on the materials for tonight’s Public Hearing on the Legal Lot of Record. The record will remain open so that the public may provide comment during the special meeting on September 15. d. Resolution no. 41 22, Adopting a Twelfth Temporary County Policy Based on Emergency Response to the COVID-19 Pandemic. The full text of the resolution is attached to the meeting agenda. e. Planner Joel Peterson will be out of the office until September 9th, 2022. CONSENT AGENDA No Consent Agenda Items this meeting REGULAR BUSINESS 7. Election of Planning Commission Chair a. Commissioner Smith nominates Commissioner Hull for Chair. b. No additional nominations. 8. Election of Planning Commission Vice-Chair a. Commissioner Coker nominates Sircely, seconded by Smith. b. No additional nominations 5:52 Public Hearing Opened 9. Legal Lot of Record a. Staff Presentation – Planner Bryan Benjamin Commissioner Smith asks if the staff recommendation includes illegally-created lots that have already been developed. Planner Benjamin replies that under current regulations, further development on illegally-created lots would require a different process to create a legal lot. Commissioner Coker asks how quickly these determinations are expected. Planner Benjamin says it would depend on site conditions. Determining legal lot status for prior to the sale, not development, of a property could be made independently of the longer site development review process to expedite the process. Site development review would still be required at a later date prior to development. Commissioner Koan asks if property owners who plan to sell could tie their legal lot status and development review to the parcel. The legal lot determination would run with the parcel. The development review could run with the parcel but require updates. Commissioner Koan asks about the relationship between the presentation and the existing language. Planner Benjamin and Director Butler explain that the presentation is about language that staff is submitting as a comment for tonight’s hearing. The full proposed language will be shared in the notice for the special meeting on September 15, 2022. It will also be sent to the Planning Commissioners after this meeting. 6:22 PM ITEM 3a 621 Sheridan St. P: 360-379-4450 Port Townsend, WA, 98368 PCommissionDesk@co.jefferson.wa.us Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 3 b. Public Comment on the Legal Lot of Record i. Ed Bown, Western Jefferson County landowner. Bowen is pleased with the mailing he received in July and would want more mailings to landowners. He is concerned by the term “substandard lots.” The draft ordinance changes in the staff report on page 36 state that development would require lots meet the standards of the time they were subdivided, but also current subdivision standards, and the definition of “buildable lot” as determined by the county. The report did not define buildable lot. The moratorium and regulatory changes do not seem well suited to Western Jefferson County due to the areas very limited development compared to Eastern Jefferson County. 6:29 PM Close of Public Comment Section in Meeting, Public Record remains open for the continued hearing at 5:30 PM, Thursday, September 15, 2022. c. Planning Commission Deliberation and Recommendation Commissioner Smith is concerned that not enough contact has been made with the public and impacted property owners. She suggests an article in the Leader in addition to the notice. Commissioner Koan shares these concerns and requests an update on how public outreach was conducted. Director Butler notes the engagement numbers on the StoryMap website and that staff have been answering questions from the public. Commissioner Coker notes that even legal lots of record are not guaranteed to be buildable. Commissioner Alen suggests also placing a story in Peninsula Daily News. Planner Benjamin notes that the postcards were sent to the owners of lots in impacted plats. Commissioner Koan asks if mailers were able to be directly targeted to property owners. Director Butler replies that yes, they did direct them to affected property owners based on the Planning Commission’s recommendation. 6.:36 PM Hearing Continued to Special Meeting on September 15, 2022, at 5:30 PM. 6:37 PM ADJOURNMENT The next Planning Commission Special Meeting is scheduled for September 15, 2022, at 5:30. To attend virtually please use the following link or dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883-126-605. Link is https://us02web.zoom.us/j/88671047253?pwd=OU8vTWZGWTVRRGNRVEQ1c2k0WDVadz09 and the passcode is 894561 To learn if in-person attendance is possible, please view the next meeting agenda. These meeting minutes were approved this ____________ day of_____, 2022. ____________________________ Richard Hull, Chair Helena Smith, Secretary ITEM 3a DRAFT Page 1 of 41 DRAFT Page 1 of 41 STATE OF WASHINGTON COUNTY OF JEFFERSON An Ordinance Related to Determination of the Legal Status of Lots, Standards for Nonconforming Lots, andSite Development Review, Boundary Line Adjustments; Amending Chapter 18.10 and 18.35 of the Jefferson County Code; and Adopting a New Chapter 18.12 of the Jefferson County Code; Adopting a New Article VII in Chapter 18.40 JCC; and Miscellaneous Other Amendments to Chapter 18.40 JCC ORDINANCE NO. WHEREAS, RCW 58.17.21058.17.210 prohibits the County from issuing a building permit, septic permit, or other development permit for any lot, tract, or parcel of land divided in violation of Chapter 58.1758.17 RCW, unless the landowner is an innocent purchaser for value ; and WHEREAS, RCW 58.17.300 states that any person or entity that leases, sells, or transfers any lot that does not comply with Chapter 58.17 RCW and local regulation is guilty of a gross misdemeanor; and WHEREAS, Jefferson County has a large number of plats that were created prior to August 11, 1969, the date that Chapter 58.17 RCW went into effect; and WHEREAS, the Jefferson County Comprehensive Plan recognizes the following at page 1-28: Some areas zoned for residential uses have s maller lots platted prior to 1998 than would be allowed with new plats. Residential uses may be permitted on existing lots of record as legal lots. However, in terms of development, some of the smaller lot sizes could require consolidation with other lots to meet current Health Department standards for wells or septic areas, or to meet other regulations, such as critical areas ; and WHEREAS, the amendments adopted as part of this Ordinance will implement the intent of the Comprehensive Plan; and WHEREAS, the Jefferson County Board of County Commissioners (“BoCC”) recognizes the need to adopt an administrative process to determine whether a lot was legally created; to address potential violations of RCW 58.17.300; and WHEREAS, the BoCC wishes to balance the desire to protect the character and quality of residential communities as envisioned by the Jefferson County Comprehensive Plan and current zoning code with the desire to allow residential deve lopment on legally existing lots that were created before the current zoning was in place; and WHEREAS, although property owners may develop legally existing lots smaller than current zoning, the BoCC recognizes the need to ensure that on-site sewage systems (OSS) on small lots do not pollute mar ine waters or otherwise degrade water quality, so as to protect public health and the riparian and marine environment ; and ITEM 5A DRAFT Page 2 of 41 DRAFT Page 2 of 41 WHEREAS, JCC 18.05.020 requires that land be subdivided or developed in conformance with the Comprehensive Plan and Title 18 JCC; and WHEREAS, old plats that were recorded prior to August 11, 1969 had few, if any, land use controls or health and safety provisions applied; and WHEREAS, in some cases, undeveloped land in old plats can be developed according to current zoning and subdivision requirements; and WHEREAS, in some cases, parcelization and development has already occurred in a manner that makes it impossible for vacant land to be developed in compliance with current zoning requirements, but other requirements, such as critical areas review, shoreline regulations, and other modern land use and health regulations, must still apply; and WHEREAS, in some circumstances substandard lots should be consolidated to allow for creation of a lot that meets minimum public health standards and land use regulations; and WHEREAS, in adopting t his ordinance, the BoCC balances the need to protect the public health and important environmental resources within the county as well as rural character with the need to allow a property owner of reasonable economic use of their property.; and WHEREAS, public participation in the development of the legal lot of record ordinance has indicated that many members of the community wish the county to include site development review as a component of the legal lot of record determination process; and WHEREAS, a site development review process will provide owners or developers of land an assessment of site requirements for development of a parcel without applying for a development permit, and WHEREAS, the legal lot of record and site development review process will streamline development review processes and coordinate permitting between the Departments of Community Development , Public Health, and Public Works. NOW THEREFORE, be it ordained by the BoCC as follows: Section 1. Findings. The BoCC hereby adopt the above recitals (the “WHEREAS” statements) as its findings of fact in support of this Ordinance. Section 2. Amending JCC 18.10.040 and 18.10.120. Jefferson County Code Sections 18.10.040 (last amended by Ord. 4-19 § 1 (Exh. A)) and 18.10.120 (last amended by Ord. 5-20 § 3 (Appx. A)), are amended to read as set out in Appendix A. Section 3. Adding New Chapter 18.12 JCC. A new chapter 18.12 is added to the Jefferson County Code to read as set out in Appendix B. Section 4. Amending JCC 18.35.060 through JCC 18.35.080. Sections 18.35.060, 18.35.070, and 18.35.080 of the Jefferson County Code, last amended by Ordinance 14-18 § 4 (Exh. B), are amended to read as set out in Appendix C. Section 5. Adding New Article VII to Chapter 18.40 JCC. A new Article VII to Chapter 18.40 JCC is added to read as set out in Appendix D. ITEM 5A DRAFT Page 3 of 41 DRAFT Page 3 of 41 Section 6. Establishment Fees. Fees set forth in Chapter 18.12 JCC and to Article VII to Chapter 18.40 JCC shall be established. These fees shall be added to the Appendix Fee Schedule or to the fee resolution, if adopted by the Board of County Commissioners. Section 6. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 6. SEPA Compliance. The Department of Community Development prepared an environmental checklist detailing the proposed ordinance and its compliance with the State Environmental Policy Act (SEPA). After a review of the environmental checklist, proposal, available information, and applicable regulations Jefferson County’s SEPA Responsible Official issued a Determination of Non-Significance (DNS) on August 2324, 2022 under WAC 197-11- 340(12). The DNS was posted to the statewide SEPA Register managed by the Washin gton Department of Ecology. Section 7. Effective Date. This ordinance is effective immediately upon adoption. (SIGNATURES FOLLOW ON THE NEXT PAGE) ITEM 5A DRAFT Page 4 of 41 DRAFT Page 4 of 41 APPROVED and ADOPTED this ________ day of _____________, 2022. SEAL: ATTEST: ______________________ _________________________________ Carolyn Gallaway Deputy Clerk of the Board Approved as to form only: _________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney JEFFERSON COUNTY BOARD OF COMMISSIONERS ________________________________________ Kate Dean, Chair ________________________________________ Heidi Eisenhour, Chair ________________________________________ Kate Dean, Member ________________________________________ Greg Brotherton, Member ITEM 5A DRAFT Page 5 of 41 DRAFT Page 5 of 41 APPENDIX A Section JCC 18.10.040 of the Jefferson County Code,,, last amended by Ord. 4-19 § 1 (Exh. A), is amended to read: JCC 18.10.040 D definitions. “Day care, commercial” means a person or agency that provides care for 13 or more children during part of the 24-hour day (RCW 74.15.020). (1) “Home day care provider” means a state-licensed day care provider who regularly provides day care for not more than 12 children in the provider’s home in the family living qua rters (RCW 74.15.020). (2) “Child day care center” means a person or agency providing care during part of the 24 -hour day to 12 or fewer children in a facility other t han the family abode of the person or persons under whose direct care the children are placed (RCW 35.63.170). “Days, calendar” means so many days computed according t o the course of the calendar. In computing comment and appeal periods under this code, if the last day so computed is a Saturday, Sunday or legal holiday, the comment or appeal period shall run to the next business day. “DCD” means the Jefferson County department of community development. “Dedicate” means to set aside a piece of real property, a structure, or a facility for public or private use or ownership. “Dedication” means a deliberate appropriation of land by its owners for any general and public uses, reserving to the owner/dedicator 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. “Degrade” means to scale down in desirability or salability, to impair in respect to some physical property or to reduce in structure or function, in terms of Jefferson County standards and environment. “Density” means the quantity per unit area, such as the number of dwelling units per acre. “Design capacity” means the theoretical or calculated maximum ability of a system or device to handle the duty for which it is to be used. “Developable area” means the area of land which is not constrained from development by land use restrictions. “Development” means the construction, reconstruction, conversion, condominimization, structural alteration, relocation, or enlargement of any structure; any grading, excavation, mining, landfill; or any extension of the use of land, dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation (except activities meeting the definition of forest practices),, forest practice activities that are being conducted as a part of a conversion from forestry to non-forestry use, ITEM 5A DRAFT Page 6 of 41 DRAFT Page 6 of 41 storage of materials or equipment in a designated floodway, or other site disturbance, which either requires a permit, approva l or authorization from the County or is proposed by a public agency. “Development application” means an application for a development permit. “Development application” means an application for a development permit. “Development envelope” means the portion of a lot which may be used for development. A development envelope must include space for utilities, driveways, and any other improvements necessary to complete development . As applied to a buildable lot for residential purposes, the portion of a lot which may contain a dwelling(s) and accessory structures. “Development permit” means any permit issued by Jefferson County allowing development. “Development regulation or regulations” means the controls placed on development or land use activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit or project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county (RCW 36.70A.030(7)). However, for the avoidance of doubt, a development regulation does not include ordinances or regulations that address administrative processes and procedures related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law. “Development right” means the right to develop property subject to federal, state, and local restrictions and regulations. “Director” means, unless otherwise specified, the director of the county’s department of community development (DCD) or the director’s designee. “Discretionary use” means all unnamed and certain named uses in Table 3 -1 in JCC 18.15.040 which, subject to the administrative review and classification criteria set out in Chapter 18.15 JCC, may be classified by the administrator as an allowed outright “Yes” use, a conditional “C” use or a prohibited “No” use in the applicable district for which the use is proposed. “District” means a part, zone, or geographic area within Jefferson County within which certain development regulations apply. “Disturbed area” means any place where activities clearly in preparation for, or during, surface mining have physically disrupted, covered, compacted, moved, or otherwise a ltered the characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity. Disturbed areas may include but are not limited to: working faces, water bodies created by mine - related excavation, pit floors, the land beneath pro cessing plant and stock pile sites, spoil pile sites, and equipment staging areas. Disturbed areas shall also include aboveground waste rock sites and tailing facilities, and other surface manifestations of underground mines. Disturbed areas do not include surface mine access roads in mineral resource land designations unless these have characteristics of topography, drainage, slope stability, or ownership that, in the opinion of the department of natural resources, make reclamation necessary, lands that ha ve been reclaimed to all standards outlined in this chapter, rules of the department of natural resources, any applicable SEPA ITEM 5A DRAFT Page 7 of 41 DRAFT Page 7 of 41 document, and the approved reclamation plan, and subsurface aspects of underground mines, such as portals, tunnels, shafts, pillars, and stopes. “Division of land” means the creation of any new lot or lots for the purpose of sale, lease, or transfer of ownership (see Chapter 18.35 JCC). DOT. (See “WADOT” or “WSDOT.”) “Drainage” means surface water runoff; the removal of surface water or groundwater from land by drains, grading, or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development. “Drainageway” means any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows. “Dredging” means the removal of earth from the bottom of a stream, river, lak e, bay, or other water body. “Drinking establishment (lounge)” means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises. A restaurant operated as part of a lounge is considered to be accessory to the lounge. “Drive-thru window service” means businesses where patrons may carry on business on the premises while in a motor vehicle (see also “Mobile food unit”). “Driveway” means a strip of land which provides vehicular access to one or two lots. Duplex. (See “Dwelling unit, two -family.”) “Dwelling unit” means one or more rooms or structures designed for occupancy by an individual or family for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, for use solely by the dwelling’s occupants. “Dwelling unit, multiple-family” means one or more structures containing three or more dwelling units. “Dwelling unit, two -family” (duplex) means a single structure containing two dwelling units. Section JCC 18.10.120 of the Jefferson County Code, last amended by Ord. 5-20 § 3 (Appx. A), is amended to read: JCC 18.10.120 L definitions. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonveget ative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be ITEM 5A DRAFT Page 8 of 41 DRAFT Page 8 of 41 considered a land disturbing activity. Vegetation maintenance practices are not considered land - disturbing activity. Land Division. (See “Division of land.”) “Land use decision” means a final determination by the county’s hearing body or officer with the highest level of authority to make the determination, including those with authority to hear appeals, on: (a) An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transfer red, or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and similar types of public property; excluding applications for legislative approvals such as area -wide rezones and annexations; and excluding applications for business licenses; (b) An interpretative or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and (c) The enforcement by the county of regulations governing the improvement, development, modification, maintenance, or use of real property. “Landslide hazard areas” has the same meaning as in WAC 365-190-030(10). “Landward” means to or toward the land. “Legal lot of record” means any lot that is determined to be a legal lot of record pursuant to chapter 18.12 JCC and is the same as “legal lot of record” referred to in WAC 246-272A.-0320(5)(e)(i). “Level of service (LOS)” means the number of units of capacity per unit of demand (e.g., trips, population, school-age residents) or other appropriate measure of need sufficient to meet the standards for adequate service set forth in the Comprehensive Plan. (See also “Adequate capacity (adequate capital or public facilities),” “Available capital facilities (available capacity),” and “Concurrency.”) “Light industrial” means a use involving: (1) basic processing and manu facturing of materials or products predominantly from previously prepared materials; or (2) finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but exc luding basic processing of raw materials except food products. “Livestock” means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute. Livestock does not mean free-ranging wildlife as defined in Title 77 RCW. “Livestock management” includes breeding, birthing, feeding, care, processing and sales of animals and animal products, birds, honey bees, fish and shellfish. ITEM 5A DRAFT Page 9 of 41 DRAFT Page 9 of 41 “Logging” means activities related to and conducted for purposes of harvesting or processing timber. “Long-term commercial significance” has the same meaning as in WAC 365-190-030(11). “Lot” means a contiguous quantity of land in possession of, owned by or recorded as the property of a person or entity. A lot shall also include any individually numbered or separately designated parcels of property in an approved subdivision or development. “Lot, buildable,” means: (1) a lot that is a legal lot of record, as determined by the director pursuant to Chapter 18.12 JCC and applicable law, and eligible for to apply for a development or other land use permit, subdivision, or land division. (2) has site development review approval pursuant to JCC 18.40.440 et seq. A right to development of a lot can only be established once a development permit application or building permit application vests pursuant to JCC 18.40.320. “Lot, corner” means a lot situated at the intersection of two roads, by which the interior angle does not exceed 135 degrees. “Lot coverage” means the surface area of a lot or lots within a single development which is occupied by buildings, excluding roof overhangs and covered porches not used for sales, storage, or service. “Lot, frontage” means the boundary of a lot that is along an existing or dedicated public road, or where no public road exists, along a private ro ad, easement or access way. On an interior lot, it is the lot line abutting a road; or, on a pipestem (i.e., flag) lot it is the interior lot line most parallel to the nearest road from which access is obtained. “Lot of record” means an undeveloped lot, tract or parcel of land shown on an officially recorded short plat or long plat or a parcel of land officially recorded or registered as a unit of property and described by platted lot number or by metes and bounds and lawfully established for conveyancing purposes on the date of recording of the instrument first referencing the lot. The term “lot of record” does not imply that the lot was created in conformity with the legal regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW or Chapter 18.35 JCC. a lot or parcel of land that was created by a metes and bounds description or through platting or other means, but may not have met all applicable zoning and subdivision requirements in effect at the time of lot creation, and meets the standards of JCC 18.12.050.. A lot of record is not necessarily developable or buildable., but may be conveyed pursuant to chapter 58.17 RCW To be developed, a legal lot of record must also meet the definition of “buildable lot ,” as determined by the county. “Lot, pipestem” means a lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right -of-way or driveway. The term is synonymous with “flag lot.” “Lot, substandard” means a lot or parcel of land that has less than the required minimum area or width as established by the land use district in which it is located;.; and provided, that such lot or parcel was of record as a legally created lot on the effective date of the Jefferson County Unified Development Code. A substandard lot is a legal lot of record. “Substandard” should not be equated with unbuildable. (See “Lot, buildable.”) ITEM 5A DRAFT Page 10 of 41 DRAFT Page 10 of 41 “Lot, through” means a lot that has both ends fronting on a road or street; both ends shall be deemed front. “Lumber mill, portable” means portable equipment to mill, split, or otherwise process forest products. “Lumber mill, stationary” means a permanently located facility or equipment used to process forest products. ITEM 5A DRAFT Page 11 of 41 DRAFT Page 11 of 41 APPENDIX B Chapter 18.12 Legal Lot of Record Determination and Lot Consolidation 18.12.010. Purpose and applicability. 18.12.020. Effect of legal lot of record determination. 18.12.030. Process for determination of legal lot of record. 18.12.040. Application and submittal contents. 18.12.050. Legal lot of record determination - approval standards. 18.12.060. Lots or parcels of land that are not considered legal lots of record. 18.12.070. Development of lots of record that do not meet minimum lot size or underlying density of the zoning district. 18.12.080. Reasonable economic use criteria. 18.12.090. Lots created by testamentary provision or the laws of descent. 18.12.100. Violation of subdivision code and innocent purchaser for value. 18.12.110. Application fee. 18.12.010. Purpose and applicability. (1) This chapter addresses the processes and standards for determining whether a lot or parcel is a legal lot of record, consistent with applicable state and local law. This chapter is intended to comply with RCW 58.17.210. (2) A lot is a lot of record if it meets the definition of JCC 18.10.040. A lot of record may be conveyed without violating the provisions of Chapter 58.17 RCW. To be eligible for a development permit, a lot of record must be determined to be a legal lot of record. (3) This chapter provides for a legal lot of record determination process, which is an administrative permitting process for determination of whether a lot or parcel is eligible for development . To determine whether the lot is a buildable lot, the applicant must also apply for site development review approval pursuant to JCC 18.40.440 et seq. (4) This chapter applies to any application for a(4) A legal lot of record determination, and to any application for is required prior to submittal of any development permit application, including an on-site sewage system permit under Chapter 8.15application for an onsite septic permit pursuant to chapter 8.15 JCC. 18.12.020. Effect of legal lot of record determination. (1) If the department determines a lot to be a legal lot of record under this chapter, a copy of the director’s determination will be recorded with the county auditor. Failure to record determination of legal lot of record status may result in loss of approval status, and may require additional review of the lot for legal lot of record status under this chapter. (2) A determination by the director that a lot, tract, or parcel of land does not meet the requirements for a legal lot of record, lot of record, or innocent purchaser for value exception pursuant to JCC 18.12.100 shall also be recorded by the director for purposes of innocent purchaser notification. The director shall collect sufficient fees as part of the application process ITEM 5A DRAFT Page 12 of 41 DRAFT Page 12 of 41 for determination of legal lot of record to cover this expense. (3) In certain cases, the director may require the applicant or owner to provide a professional survey of the legal lot of record with a legal description, and to record the survey with the count y auditor. The director shall determine by administrative rule when it is necessary to require a professional survey of the legal lot of record. (4) Once issued and recorded, a determination of legal lot of record shall constitute a final determination for the specified legal description. Any future development permit requests on the same legal description may rely on the existing determination. Determinations issued administratively by the county prior to the effective date of Chapter 18.12 JCC shall be entitled to the same finality as a legal lot of record determination issued pursuant to this chapter. (5) Issuance of a legal lot of record determination finding that a lot is eligible to be considered for development permits under this chapter shall not constitute a determination that the lot of record has met all other applicable requirements of the Jefferson County Code or any other applicable local, state, or federal law. A legal lot of record determination does not create vesting for any permit application; vesting of permit applications is governed by JCC 18.40.320. Nothing in this section shall be interpreted to replace or supersede any requirements of any applicable public or private water purveyor. (6) For a legal lot of record determination to include buildability, a site development review is required pursuant to JCC 18.40.440 et seq. 18.12.030. Process for determination of legal lot of record. (1) The department may determine that aA legal lot or parcel of landrecord determination is a legal lot of record through one of the following processes: (a)(1) Stand-aloneType I application for status as legal lot of record. An owner of. A property owner or their representative may apply for a determination that a lot or parcel of land is a legal lot of record, determination with submittal of an application on a form developed by the department and applicable fees. The application will be processed as a Type I application. (b) Legal lot of record determination in conjunction with a development, subdivision, or other land use application. The department shall review any application for a building permit, development, subdivision, or any other land use application or approval to ensure the requirements of this chapter are met. (2) A legal lot of record determination shall be required prior to or as a partsubmittal of any development permit application, septic application, land use permit application, or land division permit application, or prior to any other process to adjustmentadjust property boundaries, including condominimization. The applicant shall submit fees for a legal lot of record determination with any other fees assessed, unless the lot or parcel has been recognized as a legal lot of record through a previous determination. (3) AnyA legal lot of record determination required as part of a development permit application shall not require a letter of completeness (JCC 18.40.110), a Notice of Development Application and public comment period (JCC 18.40.160 and 18.40.220), noror a Notice of Decision (JCC chapter 18.40). (4) The land owner bears the burden of proof to demonstrate that the lot or parcel of land is a legal lot of record by a preponderance of the evidence, supported by appropriate written documentation per JCC 18.12.040. ITEM 5A DRAFT Page 13 of 41 DRAFT Page 13 of 41 (5) A lot or parcel of land that has been previously recognized by the county as a legal lot of record and recorded with the county auditor shall remain a legal lot of record unless changed by the action of the owner. 18.12.040. Application submittal and contents. ITEM 5A DRAFT Page 14 of 41 DRAFT Page 14 of 41 (1) Information required for stand-alone application.. The application for a stand-alone legal lot of record determination shall be submitted on department forms, along with the required fees established under JCC 18.12.110. The application shall include a written description of the proposed use of the property and all materials required pursuant to JCC 18.12.04018.40.100 (3). (2) Information required for supplemental application. A supplemental application for legal lot of record determination shall be required for any development permit application proposed on a parcel or lot that has not received a prior determination establishing legal lot of record status. A supplemental application shall be submitted on department forms, along with the required fees established under JCC 18.12.110. (3)(2) Both the supplemental permit application and stand-aloneThe permit application must include sufficient documentation to evidence that a lot or parcel is a legal lot of record. The administrator in their sole discretion may require one or more of the following types of documentation for review: (a)a. Recorded plat or associated AFN. (b)b. Approved unrecorded subdivision. (c)c. Deed prior to September 7, 1971August 11, 1969. (d)d. Prior recognition of legal lot status by the county. (e)e. Title report. (f)f. Deed history. (g)g. Tax history. 18.12.050. Legal lot of record determination - approval standards. (1) To be considered a legal lot of record and eligible for a development permit, the applicant must demonstrate all of the following standards apply: (a) The lot was legally created, meaning that it meets the definition of lot of record, as defined in JCC 18.10.120, or is a lot owned by an innocent purchaser for value who meets the requirements of JCC 18.12.070 and RCW 58.17.210 for the lot in question; and (b) The lot of record qualifies under one of the following: (i) It meets the minimum lot size requirements, or if no minimum lot size requirement exists,It, is equivalent in size to the density of the zoning district in which it is located; or (ii) The lot meets one or more of the provisions identified in JCC 18.12.070(34) or JCC 18.12.080. (2) Lots restricted from development by prior county decision (i.e., plat notes, open space designation, or other means) shall not be considered buildable regardless of lot size, unless the restriction is removed through a codified process allowing removal of the restriction and the lot meets all current requirements of county code. ITEM 5A DRAFT DRAFT 15 (3) A lot of record may be legally conveyed without violating the provisions of RCW 58.17.210, but may or may not be eligible for development permitsa legal lot of record. (4) Any contiguous group of parcels of land in a plat created prior to August 11, 1969 that is equivalent in size or larger to the density of the zone in which it is located , and in single ownership as of the effective date of this ordinance, can only be developed as single-family residences under current zoning and subdivision requirements. ITEM 5A DRAFT DRAFT 16 18.12.060. Lots, tracts, or parcels of land that are not considered legal lots of record. (1) The following types of lots or parcels of land are not legal lots of record and will not be considered eligible for development under this chapter: (a) Vacated rights-of-way; (b) Tidelands; (c) Parcels designated solely for access purposes; and (d) Parcels created for tax segregation purposes. (2) A separate assessor’s parcel number shall not be sufficient evidence that a lot meets the definition of lot of record or legal lot of record. (3) Any contiguous group of parcels of land in a plat created prior to June 9, 1937 that was in August 11, 1969 that is equivalent in size or larger to the density of the zone in which it is located , and in single ownership as of October 4, 2021 shall notthe effective date of this ordinance, can only be considered to contain separate legal lots of record for development purposes. Under these circumstances, the owner must apply for a subdivision or short subdivision pursuant to Chapter 18.35 JCC and meet developed as single-family residences under current zoning density and subdivision requirements if they wish to divide the property into additional lots.. (4) Any plat created between June 9, 1937 and August 11, 1969 that was in single ownership as of October 4, 2021 and does not meet health, safety, and welfare standards per JCC 18.12.080(2) shall not be co nsidered to contain separate legal lots of record for development purposes. Under these circumstances, the owner must apply for a subdivision or short subdivision pursuant to Chapter 18.35 JCC and meet current zoning density requirements to achieve legal lot of record status. 18.12.070. Development of lots of record that do not meet minimum lot size orthe underlying density of the zoning district. (1) Lots of record that do not meet the minimum lot size requirements or underlying density of the zoning district in which they are located (hereafter “substandard lots”) shall only be considered for development permits if they are not restricted from development by prior county decision or action, are not the types of parcels listed in JCC 18.12.060(1) or (2), and meet one or more of the exceptions described in this section. (2) A landowner must aggregate adjacent lots to the extent possible to bring the lot to conforming status. Any lots sold for the purposeAn owner of avoidingcontiguous, substandard lots as of the effective date of this requirementordinance shall aggregate (combine) lots to meet the requirements of this chapter; and aggregation of lots shall meet the underlying density if possible and be recorded as a boundary line adjustment pursuant to JCC 18.35.060 through 18.35.080. If the resulting aggregation of lots does not meet the zoning minimum lot size or underlying density, the lot must meet an exception in JCC 18.12.070(3), or the owner must apply for and receive a reasonable use exception pursuant to JCC 18.12.080 to be considered eligible for development. (2) .If an individual has sold adjacent lots, the remainder lot (s) may be considered to be subject to the limitation in JCC 18.12.080(1)(c) and not eligible for a reasonable economic use exception, if it would otherwise apply. (3) If more than one of the following exceptions in JCC 18.12.070(4) applies, the director shall ITEM 5A DRAFT DRAFT 17 approve the exception that is the most consistent with the purposes of the land use district in which it is located, as described in Chapter 18.15 JCC.Chapter 18.15 JCC. The lot approved must be of the least nonconforming size possible with respect to current zoning requirements to meet the requirements of this section. If a landowner could aggregate lots to make a more confo rming lot, the director shall require the landowner to do so to satisfy the requirements of this section. ITEM 5A DRAFT DRAFT 18 (4) A substandard lot may be considered a legal lot of record and eligible for a development permit through meeting one of the following provisions: (a) The lot of record was properly platted and approved by Jefferson Countythe county on or after August 11, 1969; provided, that it complies with JCC 18.12.050(2); (b) The configuration of the lot has been previously approved by the county through an administrative procedure prior to the effective date of this chapter ; (c) The lot of record is part of an adopted “Limited Area of More IntenseIntensive Rural Development (LAMIRD)” or Rural Village Center pursuant to the comprehensive plan, can satisfy any necessary minimum lot areathe requirements for siting an on- site sewage system and water supply, and the density proposed allows for infill development at densities comparable to the surrounding area ; (d) The lot of record or aggregation of lots is located in the Irondale and Port Hadlock Urban Growth Area Overlay District, and can satisfy the requirements of the Jefferson County Code for water (either on-site or connection to a public water system) and for wastewater (either on-site or connection to a public sewer system); (e) The lot contains an existing dwelling unit for which the owner obtained a permit for its construction and approval to occupy from the county; (f) The lot was approved by the county for developmenta residential septic, accessory dwelling unit or primary residence, or any land use permit for the purpose of siting a primary residence, and the approval has not expired; (g) The lot of record was legally created prior to August 11, 1969, or if created after August 11, 1969, was exempt from subdivision requirements at the time it was created, and meets one of the follow ing requirements: (i) The lot of record is five acres or larger and is located in any rural land use district; or (ii) The lot of record is 10 acres or larger and is located in any resource lands land use district; (h) The lot of record is not within a flood hazard area or channel migration zone expected to impact the property within 100 years, the department of health has determined it can meet potable water and wastewat er requirements, and the director in their sole discretion determines that development of the lot meets all requirements of chapter 8.15 JCC, is necessary for emergency purposes, and the benefits of recognizing the lot as a legal lot of record outweigh the potential detriments; (i) The lot of record is not within a flood hazard area or channel migration zone expected to impact the property within 100 years and the director in their sole discretion determines that development of the substandard lot: A. consists of a nonresidential use that is consistent with the applicable land use district, ITEM 5A DRAFT DRAFT 19 B. would further one or more policies of the comprehensive plan, and C. development of the lot meets all requirements of chapter 8.15 JCC. ITEM 5A DRAFT DRAFT 20 (5) Aggregation of lots. An owner of contiguous, substandard lots shall aggregate (combine) lots to meet the requirements of this section; provided, that any aggregation of lots shall meet the minimum lot size or underlying density and be recorded as a boundary line adjustment pursuant to JCC 18.35.060 through 18.35.080. If the resulting aggregation of lots does not meet the zoning minimum lot size or underlying density, the lot must meet an exception in JCC 18.12.070(3), or the owner must apply for and receive a reasonable use exception pursuant to JCC 18.12.080 to be considered for a development permit. (6) Any lot of record that is recognized as eligible for development under this section shall be considered a legal lot of record and a buildable lot eligible for development. C. the department of health has determined it can meet potable water and wastewater requirements. ITEM 5A DRAFT DRAFT 21 (5) Any lot of record that is recognized as eligible for development under JCC 18.12.070 shall be considered a legal lot of record. 18.12.080. Reasonable economic use of substandard lots – approval criteria. (1) Reasonable economic use of a substandard lot. The director will consider a reasonable economic use exception only if none of the provisions of JCC 18.12.070 apply to allow for development on a substandard lot. A reasonable economic use exception for a single lot determination is a Type II application pursuant to chapter 18.40 JCC. The director may grant the exception if the applicant demonstrates that the application for a reasona ble economic use exception meets all of the following criteria: (a) The health officerdepartment has certifiedreviewed the substandard lot and determined that the proposed means of sewage disposal and water supply on and to the lot, tract or parcel is adequate and will likely not cause degradation to groundwater or surface water quality; (b) The director has determined that the lot, tract or parcel is served with an adequately designed means of ingress and egress, and with adequate drainage facilities, none of which interfere with or impair existing or planned public roads and drainage facilities in the vicinity; (c) The existence of the substandard lot is not the result of the property owner segregating or dividing the property or otherwise creating the condition that results in the need for a reasonable economic use exception; (d) The property owner cannot consolidate an adjacent lot(s) to create a buildable lot pursuant to JCC 18.12.070(4); (e) The lot, tract, or parcel is directly adjacent to existing lot, tract, or parcel with existing residential development; (f) The proposed activity on the lot will not adversely affect the public, safety and welfare of persons occupying the property, adjacent or nearby property owners, or the general public; (g) The proposed activity on the lot will not cause or increase flooding, degradation of critical areas or species, degradation to natural resources such as shellfish beds, or degradation of areas preserved for public enjoyment such as parks, beaches, and other natural areas; ITEM 5A DRAFT DRAFT 22 (h) The proposed activity on the lot will not adversely affect adjacent or nearby property owners, or interfere with their enjoyment of their property; (i) The activity proposed is the minimum necessary to allow for reasonable economic use of the property, including agricultural, forestry, or recreational activities ; by meeting the minimization standards of JCC 18.22.640, JCC 18.22.660, and JCC 18.22.740.; and (j) The director determines that issuance of the permit will not adversely affect the public interest, as required by RCW 58.17.210. (2) Determination of reasonable economic use for all or part of a plat pre-August 11, 1969. Certain plats may substantially meet the of Title 18 JCC and chapter 58.17 RCW. If a substandard lot cannot be developed under the provisions of JCC 18.12.070(3) or JCC 18.12.080(1), a lot owner or representative may apply for an evaluation of the entire plat. The reasonable economic use determination for all or part of a plat is a Type II C(d) application pursuant to chapter 18.40 JCC. The director may determine that lots within all or part of a plat can be recognized as legal lots of record if they meet the following requirements: (a) The plat was legally created between June 9, 1937 and August 11, 1969; (b) Further development of the plat would not substantively alter rural character based on existing location and patterns of development within the plat; (c) Recognition of lots within the plat would not impact forestry resources according to the following provisions: (i) Lots are not zoned for forestry use; (ii) Lots that are vacant or not developed with residential uses and are more than 250 feet from any CF-80 parcel; (iii) Lots that are vacant or not developed with residential uses and are more than 100 feet from any RF-40 parcel. (d) The plat has reasonable access to existing public recreation facilities, such as parks, open spaces, or community facilities; (e)(d) Development of lotseach lot within the plat can comply with chapter 18.22 JCC; (f)(e) Every lot proposed for development within the plat can satisfy the water availability requirements of RCW 19.27.097 and any applicable water resource inventory area (WRIA) administrative rule adopted by the Washington State Department of Ecology; (g)(f) Development of the plat will not harm environmental resources such as shorelines, shellfish areas, and salmonid habitat, nor will it impact water quality or quantity; and (h)(g) The director receives a report from the director of public works that concludes that further of the development of the plat will not create significant adverse ITEM 5A DRAFT DRAFT 23 environmental impacts to the transportation system, after evaluating the following: ITEM 5A DRAFT DRAFT 24 A. Levels of service of existing roadways and possible effects caused by development of the plat; B. Ingress and egress to the plat; C. Road engineering; D. Management of stormwater runoff from roads; E. Whether the developed plat can meet current stormwater regulations; F. Any existing community stormwater drainage system; and, G. Utility access and maintenance easements for county maintenance; and (i)(h) The director receives a report from the departmentdirector of environmental public health that concludes that further of the developme nt of the plat will not create significant adverse environmental impacts to public health, after reviewing the following: A. Water availability and potential impacts to water and other environmental resources that may be affected by development of the plat; and B. Proposed methods for sewage disposal, and the availability of adequate land area for each proposed lot to meet state and local regulations. 18.12.090 Lots created by testamentary provision or the laws of descent. Lots created through testamentary provisions or the laws of descent shall be governed by the following requirements: (1) Lots that meet the current lot size or underlying density requirements of the zoning district in which they are located shall be treated the same as a legally subdivided lot and shall be considered a legal lot of record; (2) Lots that do not meet the current lot size or underlying density requirements of the zoning district in which they are located, but which did meet the requirements in effect at the time they were created will be treated the same as substandard lots of record under JCC 18.12.060(4070(1); (3) Lots that do not meet the current minimum lot size or underlying density of the zoning district in which they are located, and did not meet the standards in effect at the time they were created shall be treated as lots of record for purposes of conveyance, but will not be considered to be buildable lots that can receive development permits. 18.12.100 Violation of subdivision code and innocent purchaser for value. ITEM 5A DRAFT DRAFT 25 Draft of: August 18September 6, 2022 (1) Knowingly transferring or selling a lot in violation of land divis ion regulations is a gross misdemeanor pursuant to RCW 58.17.300. Development of any lot, tract or parcel of land divided in violation of state law or this title is prohibited. No bu ilding permit, on-site sewage system permit or other development permit shall be issued for any lot, tract or parcel, divided in violation of JCC Title 18 or chapter 58.17 RCW.18 or chapter 58.17 RCW. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. (2) Innocent purchaser for value exception. The director may approve the creation of a lot, parcel or tract that otherwise violates JCC Title 18 or Chapter 58.1718 or Chapter 58.17 RCW under the limitations contained in this section. Any lot that qualifies for an innocent purchaser for value exception must still satisfy the requirements of JCC 18.12.050 to become a legal lot of record. (a) To qualify for an innocent purchaser for value exception, the applicant must demonstrate the following: (i) The applicant purchased the lot, tract or parcel for value; and (ii) The applicant did not have actual notice that the lot, tract or parcel had been part of a larger lot, tract or parcel that was subdivided. (b) All contiguous lots created in violation of chapter 58.1758.17 RCW that are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot and shall be combined through a boundary line adjustment. (c) A determination under this section shall be a Type II decision. The applicant for an innocent purchaser for value exception under this section bears the burden of proof to demonstrate that the application meets the applicable requirements by a preponderance of the evidence, supported by adequate documentation. 18.12.110. Application Fee. A $XXX application fee is required to file an application for a legal lot of record. ITEM 5A DRAFT DRAFT 26 Draft of: August 18September 6, 2022 APPENDIX C Amendments to the Boundary Line Adjustments Code Section 18.35.060 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is amended to read: 18.35.060 Purpose, scope, and limitations. (1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the review and approval of adjustments to boundary lines between platted or unplatted lots, tracts or parcels, or both in order to: (a) Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a buildable lot or for any other lawful purpose; (b) Rectify defects in legal descriptions; (c) Achieve increased setbacks from property lines or critical areas; (d) Correct situations wherein an established use is located across a lot line; or (e) For other similar purposes. This article is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. (2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would: (a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan or division as defined in Chapter 18.10 JCC; (b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as a buildable lot as defined in Chapter 18.10 JCC; (c) An adjustment that crosses zoning district boundaries. Adjustments may be allowed across different rural residential densities; (d) Be inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat; or circumvent the short subdivision or long subdivision procedures set forth in this chapter; or (e) Separate an accessory dwelling unit from the primary use of the property. ITEM 5A DRAFT DRAFT 27 Draft of: August 18September 6, 2022 (3) Lot Consolidation. The consolidation of two or more lo ts, tracts or parcels for the purpose of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in all cases be considered a minor adjustment of boundary lines and shall not be subject to the short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not require a survey or soil evaluation. (4) Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to separate lots to another property not included in the original site plan of the subject development. (5) Rectifying legal defects, such as an established use located across a lot line, and the adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered minor adjustments and shall not require a soil evaluation... (6) Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary line adjustment process, those lots shall not be permitted to use the boundary line adjustment process again for five years with the exception of lot consolidations, testamentary divisions, civil cases, court orders, rectifying legal defects, or the adjustment of one line betw een two or more property owners for the purpose of settling a dispute. Section 18.35.070 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is amended to read: 18.35.070 Application submittal and contents. To be considered complete, applications for boundary line adjustments shall include the following: (1) Applications for boundary line adjustments shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance. (a) A single application may be submitted for multiple BLAs for adjacent parcels, lots, tracts or sites within a binding site plan. However, standard application fee(s) shall apply to each BLA after the first two per additional parcel, lot, tract or site. (b) In instances of lot consolidation, standard application fee(s) shall apply based on the number of resulting parcels or lots; (2) A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC; ITEM 5A DRAFT DRAFT 28 Draft of: August 18September 6, 2022 (3) Three copies of a clean and legible drawing suitable for recording showing the following: (a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines; (b) The existing lot, tract or parcel lines proposed to be changed, indicated by light broken lines; (c) The location and dimensions of all structures/improvements existing upon the affected lots, tracts or parcels and the distance between each such structure/improvement and the proposed boundary lines, with structures proposed to be removed from the site depic ted with broken lines and structures to remain on the site depicted with solid lines; (d) A north arrow indication and scale; (e) All assessor’s tax parcel numbers for the affected lots, tracts or parcels; (f) The location of the property as to quarter/quarter section; (g) The location and dimensions of any easements within or adjacent to any affected lots, tracts or parcels; (h) The location, right -of-way widths, pavement widths and names of all existing or platted streets or roads, whether public or private, and other public ways within or adjacent to the affected lots, tracts or parcels; (i) The area and dimensions of each lot prior to and following the proposed adjustment; (j) The existing on-site sewage system components and reserve areas and the proposed location for on-site sewage systems and soil test pits for all affected lots that are not currently served by an on-site sewage system or other approved wastewater treatment system; (k) The location of all existing and proposed water and storm drainage facilities; and (l) The approximate location and extent of any critical areas identified in Chapter 18.22 JCC. The following notice w ill be recorded on the drawing when the parcels that are part of the boundary line adjustment include, or are adjacent to, critical areas: Notice to Public: Current Jefferson County geographic information systems (GIS) maps identify the presence of a critical area such as stream, wetland, flood, landslide hazard, erosion, aquifer recharge area, fish and wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner shall contact the Jefferson County department of community ITEM 5A DRAFT DRAFT 29 Draft of: August 18September 6, 2022 development regarding compliance for such critical areas. Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and critical area requirements. (4) The original legal description of the entire property together with new separate legal descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing parcel B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include on the face a formal legal declaration of the boundary line adjustment, signed and nota rized by all legal owners of the subject properties. In cases where the property has not been surveyed, the following disclaimer shall be recorded on the drawing: DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your request for a Boundary Line Adjustment (BLA) has been approved. Since no survey was submitted as part of your BLA application, the County accepts no liability for what facts a survey might have revealed. A survey might have revealed that a structure or improvement believed to be on the applicant’s property is, in fact, located wholly or partially upon someone else’s property or upon property that is not the subject of this BLA. But in the absence of a survey, the applicant bears sole responsibility if such a problem arises. (5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or planned rural residential development (PRRD) agreements pertaining to or affecting the property; and (6) If an individual septic system is proposed (i.e., as opposed to connection to either a community drainfield or municipal sewer system), the applicant shall provide written verification from the Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain a dwelling. In cases where the requirement to provide written verification that the resultant lots can accommodate on-site sewage system from the Jefferson County department of environmental health has been waived, the following notice shall be recorded on the drawing: Notice to Public: Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. This requirement shall be waived for resultant parcels that: (a) Have existing residential structures; or ITEM 5A DRAFT DRAFT 30 Draft of: August 18September 6, 2022 (b) Have limited the use of the resultant parcel to agriculture, forestry, or open space through conservation easements, restrictive covenant, or similar leg al arrangement. The open space tax program shall not be used to fulfill this requirement; (7) The application shall be accompanied by a current (i.e., within 30 days) title company certification of the following: (a) The legal description of the total parcels sought to be adjusted; (b) Those individuals or corporations holding an ownership interest and any security interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporations s hall sign and approve the final survey prior to final approval; (c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate; (d) Any easements or restrictions affecting the properties to be adjusted with a description of purpose and referenced by the auditor’s file number and/or recording number; and (e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American Land Title Association (A.L.T.A.) policy ma y be required by the director of the department of public works. Section 18.35.080 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is amended to read: 18.35.080 Review process and criteria. (1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson County assessor. (2) Based on any comments solicited and received from the department of public works, the department of environmental health or other applicable departments and agencies, the administrato r shall approve the proposed boundary line adjustment only upon finding that the adjustment would not: (a) Create any additional lot, tract, parcel, site within a binding site plan or division or relocate any lot, tract, parcel, or site within a binding site plan or division to another parent parcel; (b) Result in the creation of a lot which is not a buildable lot, unless such lot is restricted by recorded instrument acknowledging the lot is for the purpose of conservation, open space, or other similar purpose; ITEM 5A DRAFT DRAFT 31 Draft of: August 18September 6, 2022 (b) Result in a lot, tract, parcel, site within a binding site plan or division that results in insufficient area or dimension to meet water availability and ITEM 5A DRAFT DRAFT 32 Draft of: August 18September 6, 2022 the minimum requirements for area and dimension as set forth in chapter 8.158.15 JCC and state and local health codes and regulations; (c) Diminish or impair drainage, water supply, existing sewage disposal, and access or easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel, site (i.e., within an approved binding site plan), or division; (d) Diminish or impair any public or private utility easement or deprive any parcel of access or utilities; (e) Diminish or impair the functions and values of critical areas designated under Chapter 18.22 JCC, or create an unsafe or hazardous environmental condition; (f) Create unreasonably restrictive or hazardous access to the property; (g) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of an existing lot, tract or parcel relative to Chapter 18.15 JCC; (h) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the conditions of approval for any short or long subdivision; or (i) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception an adjustment across rural residential densities. (3) Following approval by the administrator, a final record of survey document shall be prepar ed by a licensed land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. The document shall contain a land surveyor’s certificate and a recording certificate. The final page of the record of survey document shall contain the following signature blocks: (a) The Jefferson County assessor’s office, to be signed by the Jef ferson County assessor or his/her designee; and (b) The department of community development, to be signed by the administrator. (4) Upon approval the following statement of intent shall be recorded by the auditor and referenced by auditor file number on the final survey: THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN ITEM 5A DRAFT DRAFT 33 Draft of: August 18September 6, 2022 INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. (5) Pursuant to RCW 84.56.345, current year and any delinquent taxes shall be paid before approval of any boundary line adjustment. (6) Applications for boundary line adjustments shall be processed according to the procedures for Type I land use decisions established in Chapter 18.40 JCC. ITEM 5A DRAFT DRAFT 34 Draft of: August 18September 6, 2022 APPENDIX D A new Article VII shall be added to chapter 18.40 JCC to read: Article VII. Site Development Review Process 18.40.440 Purpose. 18.40.450 Applicability. 18.40.460 Application requirements. 18.40.470 Application review. 18.40.480 Approval criteria. 18.40.490 Limitations on approval. 18.40.500 Modifications to an approved site plan. 18.40.440 Purpose. The purpose of this article is to provide owners or developers of land a means to obtain an assessment of site requirements for development of a parcel without applying for a development permit. It is intended to work in conjunction with the legal lot of record determination process pursuant to chapter 18.12 JCC. Site development review is an assessment of the physical aspects and constraints of the site for the purpose of development. While it will not vest a property to development regulations, it provides for a professional analysis of the site according to current development regulations. Vesting for development purposes may only occur in the manner outlined in JCC 18.40.320. Site development review is intended to reduce the cost of development and aid in the facilitation of predevelopment financing for applicants. 18.40.450 Applicability. (1) Any land or owner or their representative who wishes to make application for development may use the site plan review process to determine whether their site is buildable. No development application may vest until the site plan review is completed. (2) Properties that meet base density per JCC 18.12.050(1)(b)(i) or the provisions of JCC 18.12.070(4) shall be required to submit a site development review permit application prior to submittal of any development permit application in accordance with JCC 18.12.070(5). The site development review process will evaluate the potential siting for development consistent all applicable requirements of the UDC. 18.40.460 Application requirements. (1) Each application for site development review shall include: (a) A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the ITEM 5A DRAFT DRAFT 35 Draft of: August 18September 6, 2022 application wit h the written consent of all owners of the affected property, and proof of ownership of the property; (b) Identification of a single contact person or entity to receive determinations and notices required by this code; (c) A legal description of the site, including the Jefferson County assessor’s parcel number; (d) The Legal Lot of Record determination issued per Chapter 18.12 JCC. (e) Payment of the applicable fee as set forth in the Jefferson County fee ordinance; (f) A written description of the specific proposed use of the property for which the application is being submitted. (2) Any commercial, industrial, small-scale recreational and tourist use, or multifamily residential use listed as a “Yes” use in Table 3-1 in JCC 18.15.040, or classified as such by the administrato r, that seeks site development review under this article may require additional information subject to the specific submittal requirements of JCC 18.40.100(1-4), where determined by the administrator to be necessary for the site development review applicat ion. (3) For the purposes of meeting the requirements of this article, the application requirements of JCC 18.40.100(1)(g) shall be interpreted to require the submittal of a water availability statement and of soil logs and other applicable information pursuant to Chapter 246-272A WAC and the Jefferson County Code necessary to determine compliance with the Jefferson County health department regulations regarding on-site septic disposal. (4) The administrator may waive specific submittal requirements determined to be unnecessary for review of a site plan approval advance determination application. 18.40.470 Application review. Review of applications for site development review shall be as follows: (1) Review Procedures. When the administrator determines that an application is technically complete, as defined in JCC 18.40.110, the application shall be processed as a Type I permit under procedures specified in Article IV of this chapter. (2) Referral and Review of Application. The administrator shall transmit a copy of the application, or appropriate parts of the application, to affected agencies and county departments for review and comment. 18.40.480 Approval criteria. (1) Site development review permits shall be approved upon showing that all of the follow ing have been satisfied: (a) The proposed development conforms to all applicable county, state and federal, land use, environmental and health regulations and plans, including, but not limited to the following: (i) The Jefferson County Comprehensive Plan; and ITEM 5A DRAFT DRAFT 36 Draft of: August 18September 6, 2022 (ii) The provisions of the Unified Development Code, including any incorporated standards. (2) Adequate provisions for utilities and other public services necessary to serve the needs of the proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and other public ways, potable water, sewage disposal, fire flow and other improvements; (3) The site contains one or more development envelopes large enough to accommodate the use proposed; (4) The probable significant adverse environmental impacts of the proposed development, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental Policy Act (SEPA) implementing provisions contained within this chapter and Chapter 43.21C RCW; (5) The proposed development will serve the public use and interest and adequate provision has been made for the public health, safety and general welfare. 18.40.490 Limitations on approval. (1) An approved site development review shall not constitute vesting of development regulations or specific site features or improvements (e.g., wells, septic systems, stormwater drainage facilities, etc.). Any site with an approved site development review shall not be immune from changes in county, state, or federal laws which are enacted or have an effective date after the date of approval affecting the performance and implementation of the as sociated use or development. (2) Any land division or boundary line adjustment of a parcel or lot which has received site development review approval under this article shall void such approval and require a new site development review permit application. (3) Approval under this section does not constitute authority to commence any development or building activity until such time as final authorizing permits are issued. Approval of a site development review permit application does not vest the proposed use or development. The approval certifies the suitability of a site for the proposed use or development at the time of application processing only. 18.40.500 Modifications to an approved site plan. (1) Minor modifications to a previously approved site development review under this article may be requested by the applicant and approved by the administrator subject to the provisions for Type I decisions; provided, that the modification does not involve any of the following: (a) A change of proposed land use to one other than that approved for the original site plan; ITEM 5A DRAFT DRAFT 37 Draft of: August 18September 6, 2022 (b) The location or relocation of a road or street (excluding driveways, internal parking or accessways); (c) An adjustment that crosses land use district boundaries where the administrator reasonably believes that the adjustment is intended to serve as a rationale for a future site- specific land use district redesignation application; (d) The creation of an additional lot, tract or parcel; (e) Would create a site plan for a parcel that does not qualify as a building site pursuant to this code; (f) Would make the site plan inconsistent with any restrictions or conditions of approval for a recorded short plant, long plat, boundary line adjustment, plat amendment or binding site plan. (2) Before approving such an amendment, the administrator shall make written findings and conclusions documenting the following conditions: (a) The modification will not be inconsistent with the previously approved site development review; and (b) The modification will not cause the site development review to vi olate any applicable county policy or regulation. (3) Modifications that involve the circumstances described in subsection (1) of this section, or exceed the criteria set forth in subsection (2) of this section, shall be processed as a new site development review application. OTHER CHANGES TO CHAPTER 18.40 JCC JCC 18.40.040, last amended by Ordinance 05-0613-22 on June 13, 2022, is amended to read: 8.40.040 Project permit application framework. Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V Septic permits Classification of unnamed and discretionary uses under Article II of Chapter 18.15 JCC Reasonable economic use variances under JCC 18.22.250 Final plats under Chapter 18.35 JCC Special use permits, such as for siting essential public facilities under JCC 18.15.110 Allowed uses not Release of six-year FPA PRRDs under Article VI-Final PRRDs under Jefferson County ITEM 5A DRAFT DRAFT 38 Draft of: August 18September 6, 2022 Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V requiring notice of application (e.g., “Yes” uses listed in Table 3-1 in JCC 18.15.040, building permits, etc.) moratorium for an individual single-family residence under JCC 18.20.160 M of Chapter 18.15 JCC and major amendments to PRRDs under JCC 18.15.545(3) Article VI-M of Chapter 18.15 JCC Comprehensive Plan amendments under Chapter 18.45 JCC Minor amendments to planned rural residential developments (PRRDs) under JCC 18.15.545 Cottage industries under JCC 18.20.170 Temporary housing facilities under JCC 18.20.385 Shoreline substantial development permits, conditional use permits, and variance permits under the Jefferson County shoreline master program (SMP) Amendments to development regulations Home businesses approved under JCC 18.20.200 Short subdivisions under Article III of Chapter 18.35 JCC Plat alterations and vacations under JCC 18.35.030(3) Amendments to the Jefferson County SMP Temporary outdoor use permits under JCC 18.20.380 Binding site plans under Article V of Chapter 18.35 JCC Long subdivisions under Article IV of Chapter 18.35 JCC Subarea and utility plans and amendments thereto Stormwater management permits under JCC 18.30.070 Administrative conditional use permits under JCC 18.40.520(1) and listed in Table 3-1 in JCC 18.15.040 as “C(a)” Discretionary conditional use permits under JCC 18.40.520(2) [i.e., listed in Table 3-1 in JCC 18.15.040 as “C(d)”] where required by administrator Development agreements and amendments thereto under Article XI of this chapter Road access permits under JCC 18.30.080 Discretionary conditional use permits under JCC 18.40.520(2) listed in Table 3-1 in JCC 18.15.040 as “C(d)” unless Type III process required by administrator Conditional use permits under JCC 18.40.520(3) [i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C”] Master plans for master planned resorts Sign permits under JCC 18.30.150 Minor variances under JCC 18.40.640(2) Major variances under JCC 18.40.640(3) Amendments to the Unified Development Code Boundary line adjustments under Article II of Chapter 18.35 JCC Administrative conditional use permits, under Jefferson County SMP, JCC 18.25.620(3) listed in JCC 18.25.220, Table 18.25.220 as “C(a)” Discretionary conditional use permits under Jefferson County SMP, JCC 18.25.620(4) listed in JCC 18.25.220, Table 18.25.220 as “C(d),” unless Type III process required by administrator Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42 JCC Minor adjustments to approved preliminary short plats under JCC 18.35.150 Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42 JCC Major industrial development conditional use approval under Article VIII of Chapter 18.15 JCC ITEM 5A DRAFT DRAFT 39 Draft of: August 18September 6, 2022 Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V Minor amendments to approved preliminary long plats under JCC 18.35.340 Small-scale recreation and tourist (SRT) uses in SRT overlay district under JCC 18.15.572. Plat alterations under JCC 18.35.670. Forest practices release of a moratorium under Chapter 18.20 JCC Site development review under Article VII of this chapter and boundary line agreements under Article VIII of Chapter 18.35 JCC Exemptions under the Jefferson County SMP Revisions to permits issued under the Jefferson County SMP Legal lot of record determinations pursuant to chapter 18.12 JCC Reasonable economic use exception pursuant to JCC 18.12.080 Innocent purchasers for value determinations pursuant to JCC 18.12.100 1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration section). Table 8-2. Action Types – Process Project Permit Application Procedures (Types I – IV) Legislative Type I Type II Type III Type IV Type V Recommendation made by: Project planner Project planner Project planner N/A Planning commission1 Final decision made by: Administrator Administrator Hearing examiner Board of county commissioners Board of county commissioners Notice of application: No Yes Yes No N/A Open record public hearing: No Only if administrator’s decision is appealed, open record hearing before hearing examiner Yes, before hearing examiner, prior to permit decision by the hearing examiner No Yes, before planning commission to make recommendation to board of county commissioners1 Closed record appeal/final decision: No No No N/A Yes, or board of county commissioners could hold its own hearing Judicial appeal: Yes Yes Yes Yes Yes2 1Type V land use actions are subject to review and recommendation by the planning commission, except for utility plans, ordinances or regulations that address procedural issues related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state adm inistrative boards or courts of law. 2Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings Board (WWGMHB) is authorized to hear and determine petitions alleging that the county is not in ITEM 5A DRAFT DRAFT 40 Draft of: August 18September 6, 2022 Table 8-2. Action Types – Process Project Permit Application Procedures (Types I – IV) Legislative Type I Type II Type III Type IV Type V compliance with the requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or Chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW 36.70A.295. If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration section). SUMMARY OF DECISION-MAKING Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically exempt under SEPA, then, administrative with notice. Type II: Administrative with notice. Final decision by administrator unless appealed. If appealed, open record hearing and final decision by hearing examiner. Type III: Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner. Appeal to superior court. Type IV: Closed record decision by board of commissioners during a regular public meet ing. Type IV decisions are purely ministerial in nature (see Article IV of Chapter 18.35 JCC). Type V: Notice and public hearing bef ore planning commission, with planning commission recommendation to board of county commissioners, except for utility plans, ordinances or regulations that address procedural issues related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law. Notice and public hearing before board of county commissioners with final legislative action by the board of county commissioners (see Chapter 18.45 JCC). JCC 18.40.320, last amended by Ordinance 12-1028-19 on October 28, 2019, is amended to read: 18.40.320 Vesting of applications. (1) Purpose. The purpose of this section is to provide for vesting of land use applications and permits under this title, consistent with state law. A complete application, under JCC 18.40.110, is vested pursuant to this section to the regulations applicable to the application until the permit is issued or the application is abandoned, expired, withdrawn, or denied. (2) Applicability. (a) This section app lies to complete land use applications under this title, complete applications for building permits (RCW 19.27.095(1)), complete applications for the proposed division of land (RCW 58.17.033(1)), complete applications for development agreements (RCW 36.70B.180), and any other complete applications for a project type determined to be subject to the vested rights doctrine by the Washington legislature or in a published decision after 1987 by a Washington Court of Appeals or the Washington Supreme Court. ITEM 5A DRAFT DRAFT 41 Draft of: August 18September 6, 2022 (b) This section does not vest applications to development regulations required by federal or state law that are subject to final approval by a federal or state agency, including but not limited to applications for permits under the Shoreline Master Program, Chapter 18.25 JCC, or Flood Damage Prevention, Chapter 15.15 JCC. (c) This section does not apply to issued permits or approvals. (d) This section does not apply to legal lot of record determinations pursuant to chapter 18.12 JCC or to site plan review pursuant to Article VII of this chapter (JCC 18.40.410 et seq.) (3) Vesting of Applications. (a) A complete application under JCC 18.40.110 shall vest consistent with applicability of this section and state law. (b) A complete application subject to vesting pursuant to this section shall be subject to all development regulations in effect on the vesting date. (c) A complete application is vested for the specific use, density, and physical development that is identified in the application submittal, consistent with state law. (d) The applicant is responsible for monitoring the time limitations and review deadlines for the application. The county shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the department, but shall be subject to the development regulations in effect on the date of the new application is complete. (e) Substantial revisions to applications which increase the specific uses, density, or physical development are subject to vesting at the time of the major or substantial revision. Substantial revisions shall be considered a new application consistent with JCC 18.40.110(7). (4) Waiver of Vesting. An applicant may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the administrator stating that the applicant agrees to comply with all development regulations in effect on the date of delivery of the waiver and any subsequent modifications to development regulations until permit issuance or approval. ITEM 5A