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Home My WebLink AboutLog006 ~ . e I< Jefferson County PUD#l Pre-Application Conference PRE05-00008 Marrowstone Island Water System project DCD Conference Room: April 18, 2005 10:00 am Attendees: Jim Parker, Bill Graham Jim Pearson & Terry Duff, DPW; Linda Atkins of Env Health; Stacie Hoskins, DCD DRD: Stacie Hoskins, Development Review (360) 379-4463 1. Various zoning designations: Rural Residential; Local Agriculture; Convenience Crossroad; Parks, Preserves & Recreation 2. ESA's: UDC Section 3.6.4 Susceptible Aquifer Recharge Area (SUSC) and Special Aquifer Recharge Protection Area (SARP A); Coastal, At Risk and High Risk Seawater Intrusion Protection Zone (SIPZ) UDC Section 3.6.5; LSHA 1,2 & 3, Erosion and Seismic hazard: UDC Section 3.6.7 Geotechnical report to address stability of soils if working in those areas Type 5 Streams: 50-foot buffer UDC Section 3.6.8; Fish & Wildlife (Eagle) Send to WDFW UDC Section 3.6.8; Wetlands: UDC Section 3.6.9; Flood: Follow Flood Damage Prevention Ordinance as applicable Ordinance No 18-1120-95 Conservancy Shoreline designation UDC Section 5 (Additional shoreline designations may apply - I need to see plans) 3. ESA's and buffers depicted on site plan; Wetland Delineation, geotechnical report 4. Unified Development Code available online at: hUr:/ /www.co.iefferson.wa.us/commdevelopment/udc/default.htm . Minor Utility Developments are a C(a) use: Administrative Conditional use with Type II process . UDC Section 4.40 addresses Performance and Use-specific standards for Minor Utility Developments . UDC Section 6.12 addresses development standards for Utility Service Lines and facilities 5. Fees: $2,767.00 plus additional notice boards UDC Section 3, Table of Uses Minor Utility Development in all zones is C(a) Use Base fee Notice of application Notice Boards: one per each ROW or as agreed 625.00 127.00 8.00 each UDC Section 5, Shoreline Management Master Program: If any work proposed within shoreline jurisdiction (200 feet of shoreline) Utilities in a Conservancy Shoreline Designation is identified as a Conditional use. Shoreline Substantial Development (Conditional Use) Base fee 1,439.00 Requires Notice of Application included above Notice Boards included above Notice of Hearing 127.00 Additional fee for SEP A review SEPA review over 20 hours to be billed at $49.00 per hour 441.00 LO~008_JCPUD#I_ Marrowstone,doc # Co Page----1-of S'[ Page 1 of2 .: e e - 6. Forms . . . . . . Master Permit Application JARPA SEP A checklist Stormwater Plan Conditional Use Permit Provide a narrative describing how you meet the Shoreline Management Master Program i. Each of the 12 performance standards for Utilities ii. Each ofthe five Conditional Use criteria. PUBLIC WORKS: Jim Pearson (360) 385-9160 Stormwater: DOE Stormwater Management Manual for Western Washington Roads: Submit Stormwater Management Plan, Terry Duff (360) 385-9159 Utility permit applications ENVIRONMENTAL HEALTH: Linda Atkins (360) 385-9444 Water: Other Agencies: Washington State Department of Health James McCauley, (360) 586-2510, ierod.davis(Q),doh.wa.gov Washington State Department ofFish & Wildlife Jeff Davis. (360) 895-3965, davisipd(Q),dfw.wa.gov Shelly Ament, (360) 681-4276, amentkmaCQ),dfw.wa.gov Washington State Department of Ecology Jeffree Stewart PO Box 47775 Olympia, WA 98504-7775 (360) 407-6521 JSTE461@ecv.wa.gov US Army Corp of Engineers, APPLICATION REVIEW PROJECT MANAGER U.S. Army Corps of Engineers Seattle District Regulatory Branch ATTN: Jessie Winkler Post Office Box 3755 Seattle, WA 98124-3755 Telephone: (206) 764-5528 Fax: (206) 764-6602 i essica. g. winkler@nws02.usace.army.mil Washington State Department of Transportation Dale Severson PO Box 47440 Olympia, WA 98504-7440 (360) 357-2736 seversd(Q),wsdot. wa. gOY # Page LOGPRimMoo08 _JCPUD#l_ Marrowstone.doc Co :? -: of-ZL Page 2 of2 Map Output e Marrowstone Island Page 1 of 1 Legend ;./ Major Roads ," Townllihlp LInes Shotellnes-AtcS ~ ~ ~ eo.~*>IIl ~ u.. ~ ~ ~ II:Iarld ~ N'" ~ ~ ~ N~ ~ 0fJIlt Boundaries 0 ~ C(U'jjy II w_ 0 0fJIlt~ FOR INFORMATIONAL PURPOSES ONL y- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Sun A r 10 09:53:202005 LOG ITEM # (p Page '-~ ....~of~ http:// gisserverlservletlcom,esrLesrimap.Esrimap?ServiceN ame=ovmap&ClientV ersion=4 .O&F orm=.., 4/10/2005 Map Output e Marrowstone Island Page 1 of 1 Legend ~ MajOt Roads ,'" TO'M'lllll., U'les SeetiOn&-H Streams ;V Tn-9 ;vi Tn-15 ;vi Tn-" ;vi Tn-3 ;vi Tn-2 ;vi Tn-I ;V 0IlIlt BotJndal'ills 0 ~C<uttt . w_ 0 0IlIlt CGuIlIilloI; FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 04 15:29:35 2005 LOG ITEM f_Of 'S'1 # Page http:// gisserverlservletfcorn.esri.esrirnap,Esrirnap?ServiceName=ovrnap&Client V ersion=4.0&F orm=T.,. 4/4/2005 Map Output tit FEATURES NOT SURVEYED e Page 1 of 1 Legend ;V Major Roads /' T mvnSll!p U'les SeCtiOn&-H . Maftlled MulTelets Spotted CMts . PrIOf'Ily Habitats and Spedes Boundaltes 0 JIoIolr-. Ccu'tr . w_ 0 0Illlr~ FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 0415:31:342005 LOG ITEM (p .5 _of 5~ ~ # Page http:// gisserverlservlet/com.esri.esrimap,Esrimap?ServiceName=ovmap&Client V ersion=4,O&F orm=T", 4/4/2005 Map Output It e Page 1 of 1 Legend ~ Major Roads /./ T O'M'Iltiip unes SeCtions-H . Hellage PoinlS BOtJndaries 0 J!Jh1lOtI COutlly . w.. 0 Ohr COunIiIlI; FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 0415:33:292005 LOG ITEM 4? (p . of~ # Page http:// gisserverlservlet/com.esrLesrimap.Esrimap?ServiceName=ovmap&Client V ersion=4, O&F orm=T.,. 4/4/2005 Map Output e e Page 1 of 1 Legend ;./ Majot Roads /.1' TO'M'IMlp Lines Sections-H . wetlands Boondanes 0 JiIIilnltI'I C<.u'oIy . Wtla 0 Ohr C<ulliIl& FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its ollection. Mon A r 0415:34:092005 LOG ITEM ~ 7 ,ofo t"J # Page http:// gisserverlservlet/com,esri.esrimap.Esrimap?ServiceN ame=ovmap&ClientV ersion=4,O&F orm=T.., 4/412005 Map Output tit e Page 1 of 1 Legend ,N Major Roads /'" TownShip unes SeCtiOtls-H . Sei&mic Hazard BOtJndal'l8s 0 ~CW'lly . w*' 0 0fIfIr Ccu'1iIls FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its ollection. Mon A r 0415:34:562005 LOG ITEM P~ge S Ce of 5'1 http:// gisserverlservlet/com.esri.esrimap,Esrimap?ServiceN ame=ovrnap&ClientV ersion=4 .O&F orm=T.., 4/4/2005 Map Output e ..................:.-.. l ':.1 .: II- zt .." : UIps~tJ,.-..-.C<u'It)~a....-~ Page 1 of 1 Legend rI MlljOt Roads ,.r TO'M'Illtlip unes SediOtls-H Land8lde HllIzan:l . liIII:IM . Hil#l . t.4o:odar:1l1l SIii1'lI Boundades D ~ Cc:u'lly . w_ D 0IlIlr Ctu'llioIIIIl FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 0415:36:122005 LOG ITEM #- (p Page Cj ,-of2;,,- http:// gisserverlservletlcom.esrLesrimap.Esrimap?ServiceName=ovrnap&Client V ersion=4 .O&F orm=T ,., 4/4/2005 Map Output e . . : k: . . .........1.......- . ~'; . n..,.__ . . : :D I : . ....~l1r,..,....~~SIrwioIn~ Page 1 of 1 Legend ~ Majot Roads /'" Townlllllp Lines Sec:tiOnfI-H . EmsiOn Hillzard Boondades 0 ~~ . w_ 0 Olh!ir Cc:u'fI!oS FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its ollection. Mon A r 04 15:36:48 2005 LOG ITEM ~ I rc of..:2l. # Page http:// gisserverlservlet/com.esri.esrimap.Esrimap ?ServiceN ame=ovmap&Client V ersion=4. O&F orm=T.., 4/4/2005 Map Output e Marrowstone Island Page 1 of 1 Legend ;./ Major Road. /'" To..&ttip une. SeetiOtltrH CrIIicaI Aquifer Red'large ARIa. . S1JSC-UNI< . SAlU'A .. S1JSC 0 S1JSC . SAlU'A . SAlU'A .. UNI< Boundarles 0 .JI!lIinan CoulIy . WalIlr 0 Oht CaIdoIls FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 04 15:37: 16 2005 LOG ITEM # Co Page--1.Lof~ http:// gisserverlservlet/com.esri.esrimap.Esrimap?ServiceN ame=ovmap&ClientV ersion=4.0&F orm=T,., 4/4/2005 Map Output e FEA TURES NOT SURVEYED e Page 1 of 1 Legend /V" Major Roads ,'" Tl}~sI1ip unes Section&-H Wel&-Ctllol'ide loocr_ * ............. 100 and 200 * 200 cr hghor SIPZ No Risk S1PZ . H"of1I Risk S1PZ 0 C<:Ia!dIlI S1PZ Boundaries 0 ~C:ully R w_ 0 Ohlr~ FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 04 15:37:45 2005 LOG ITEM # (p Page~of?') - http:// gisserverlservletlcom,esri,esrimap.Esrimap?ServiceN ame=ovmap&Client V ersion=4 ,O&F orm=T.,. 4/4/2005 Map Output e e Page 1 of 1 Marrowstone Island Legend ;./ MajOr Roads /" " TownstJip Lines Seetions.-H ShOreline Slope Statliily .- o ~<O.aiO .U~ . U~R<>::aw1..tln:lllfid!l . U~Q:l1..tln:lllfid!l .M<Xi6e:l Boundanes / i 1 I "r"j....oo..o---f-- omom_;..... " au : %I . ~ I ......~l>)'~~c.n,~~.......GIS; I o ~C<u'Ity II W_ DOII'Iot~ FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 04 15:41:47 2005 LOG ITEM # ~ Page-1k.-of S? - http:// gisserverlservletfcom.esrLesrimap,Esrimap?ServiceN ame=ovmap&Client V ersion=4, O&F orm=T.., 4/4/2005 Map Output e e Page 1 of3 Marrowstone Island LOG ITEM # Q, Page_ I <t _of 51 http:// gisserverlservletlcom.esri.esrimap,Esrimap?ServiceName=ovmap&Client V ersion=4.0&F orm=T." 4/4/2005 Map Output # Page e LOG ITEM Co J S:... of S7 e Page 2 of3 Legend ;vi Major Roads , ./ To'M'ls.hip unes Sedions-H County Zoning . . . . . . . . . . . . .. R.d~1::5 R.d~1;10 R.d~l::l:l H Illh'y ............, ~8am:lhl. I.io;t<<............, U'M uc RmlI 'v'ilIlagol c_ ~.GC ~cc C~NC eomtn<lrt:iZll FomsI R.d FomsI ~FomsI AP1::1:l N..l1l:l ~EPF W_"'!J'l1lEPF "'iMlry~ PaUlIr'd~ N,*,"", FomsI N,*,"", Pai< N,*,"", R~ '1'1_ 8cldia!s "'PR.s.rqe Fam..... "'''fMll' T n!lCb ...PR....ut<Iarn..... ...PR.~eom..... MPR.'v'ilIlagolC_ "'PR.OpM Spa:Je "'PR.R~ UGI\.I..tMr Olns. R.... UGI\....Od. Olns. Ras. UGA.H'I1' De1S. Ras. UGA.UrtllWl 1..igl'lI"""""'" UGI\.UrtllWl eomtn<lrt:iZll UGI\.....-. 0r:ii0t0Ied eomtn<lrt:iZll U GI\. Pd:Ilo:: PI::It1T~UGA ~. /.~. . -<.<// .:'<.~..:..,:. ~ ~ /././"., rl% . . . . . ~ . LIJ - ~ . I I'P'!!I ~ lliilllill :% Hell R__ ~ QwlIllIIR__ . Ndl ZlWd Boundaries o ~C<u't; ~ '1'1_ DOIleFCcu'iit<s FOR INFORMATIONAL PURPOSES ONL y- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with http:// gisserverlservlet/com.esri.esrimap,Esrimap?ServiceN ame=ovmap&Client V ersion=4, O&F orm=T.., 4/4/2005 Map Output e e Page 1 of 1 Legend ;V MajOr Roads / .r Townsl1~ Lines Section&-H 2000 Aerial Photos BOtJndaties o ............... C<u'J1y 11I'1'1- DDrldr~ FOR INFORMATIONAL PURPOSES ONL y- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its lIection. Mon A r 04 15:43:48 2005 LOG ITEM # . (p Page-I:L of 5 ry http:// gisserverlservletfcom.esri.esrimap.Esrimap?ServiceN ame=ovmap&Client V ersion=4, O&F orm=T.., 4/4/2005 Map Output e e Page 1 of 1 Legend fr Major Road& ,/ .r TownSl'lIp U'le& FEMA FIRMS .'" . ANI .XBJJ .0Ile0t Boundariea o ~C(UlIy III W_ DOIleotC<1unli!lS FOR INFORMATIONAL PURPOSES ONL y- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Sun A r 10 10:17:502005 LOG ITEM P~ge10f5? http:// gisserverlservlet/com.esri.esrimap,Esrimap?ServiceName=ovmap&Client Version=4, O&F orm=, ,. 4/10/2005 e e 7. Structures placed in the Aquatic designation shall blend into the surroundings to the greatest extent feasible utilizing appropriate color(s), texture, non-reflective materials, and other design characteristics. 4.102 NATURAL Definition A shoreline possessing unique or fragile features either natural or cultural, that are essentially unaltered from their natural state or relatively intolerant of human use other than that for passive activities. Included are those areas containing hazardous or unique environmental conditions, such as highly erosive bluffs, tidal marshes,. estuaries, and active landslides. Policy Aquaculture developments and mechanized harvest practices involving substantial substrate modification through dredging, trenching, digging, or adverse sedimentation should be prohibited in wet lands and estuaries which are Natural environmental designations in this Master Program. 4.103 CONSERVANCY L1 Definition An area with valuable natural, cultural, or historical resources or environmental conditions that should be protected, conserved, and managed to the extent that a continual supply of those resources such as soil, water, timber, fish, shellfish, or wildlife are not degraded or depleted but are maintained. Also included are areas containing sensitive environmental conditions that may limit the potential for development or use, including but not limited to steep slopes, flood prone areas, eroding bluffs, marshes, bogs, swamps, and accretion shore forms. Low density residential and recreational uses are permitted provided these activities do not significantly degrade or deplete resources and respect limiting environmental condition. LOG ITEM # <P Page_ 1 Cj ~ofS'7 29 # Page e e Policy To protect, conserve, and manage existing resources and valuable historical and cultural areas in order to ensure sustained resource stabilization and that sensitive natural conditions are not subject to inappropriate uses. 4.104 SUBURBAN Definition Areas where residential activity may approach urban density, but usually where densities permit space for small numbers of livestock, gardens, or wood lots. These areas are served by individual or community water supplies, but generally are not linked with utilities from an urban center. Commercial activities to serve the needs of the immediate area are considered an integral part of this designation. Policy To provide permanent residential and recreational areas outside of urban areas, so long as development of these areas provides adequate facilities for sewage disposal, water supply, open space, and the like without severe degradation to the lifestyle that was sought initially. 4.105 URBAN Definition The urban environment is an area of high intensity land use, including residential, commercial, and industrial development. Urban shorelines should be designated for high intensity use or multifamily residential development. The urban designation may also be applied to areas of lower intensity use where the surrounding land use is urban and urban services are available. Policies 1. Development in urban areas should be managed so it enhances and maintains the shoreline for a variety of urban uses, with preference given to water dependent and water related uses. Water-enjoyment uses that provide access to and enhance enjoyment of the shoreline for a substantial number of persons should also be given priority in urban areas. Efficient utilization of existing urban areas in a manner consistent with this program is encouraged before further expansion into non-urban areas occurs. Pedestrian and visual access should be provided to and along the urban waterfront area. Public access to and along the water's edge should be coordinated in a walkway system and linked to adjacent existing or future walkways. Urban development should provide for public views to the water. Wherever possible, the waterside of shoreline buildings should include windows, doors, and public areas that enhance enjoyment of the shoreline and present an interesting, attractive view of the development from the water. Development in urban areas should preserve and enhance significant architecture and historic buildings. 2. 3. 4. 5. LOG ITEM ~ O:;>....of s~_ 30 e e Definition Those uses that are not automatically deemed as being preferable within the scope of the definition or policy of a particular shoreline environmental designation. Criteria Applicants for shoreline substantial development permits for secondary uses will have the burden of proof to demonstrate that: 1. The proposal will not be contrary to the general intent of the Shore-line Management Act, nor shall it be contrary to the goals, policies, and performance standards of this Master Program. 2. The proposed project will not materially interfere with the public use of public lands and waters or the private use of adjacent private lands. 3. The proposed project will not cause unnecessary adverse effects on the environment or other properties and will be compatible with other permitted uses in the area. 4.203 CONDITIONAL Definition Those uses that are deemed least preferable within the scope of the definition and policies of a particular shoreline environmental designation. While not prohibited outright, these uses are an exception to the general rule. A conditional use permit is intended to allow for flexibility and the exercise of judgment in the application of regulations in a manner consistent with the policies of the act and this Master Program. Requests for a variance from the uses allowed within a shoreline designation shall be evaluated as a conditional use subject to the criteria of this subsection, provided uses which are prohibited shall not be authorized. A change of use from a permitted use to a conditional use requires a conditional use permit. Criteria Applicants for shoreline conditional use permits shall have the burden of proof to demonstrate that they are in conformance with WAC 173--27-160, as amended, and all of the following: 1. That the proposed use is consistent with the policies of RCW 90.58.020 and the policies of the Master Program. 2. That the proposed use will not interfere with the normal public use of public shorelines. 3. That the proposed use of the site and design of the project is compatible with other permitted uses within the area. 4. That the proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is to be located; and 5. That the public interest suffers no substantial detrimental effect. In those limited instances where a conditional use is proposed, consideration shall be given to the cumulative impact of additional requests for similar actions in the area. LOG ITEM # ~ Page z...- { .._ofS'l 35 e e Furthermore, the Shoreline Management Act requires that permits for variances and conditional uses must be submitted to the Washington State Department of Ecology for fmal approval. In authorizing a conditional use permit, special conditions may be required by Jefferson County, the City of Port Townsend, or the Washington State Department of Ecology to control or prevent adverse effects of a project or to further the policies of the Shoreline Management Act and this Master Program. 4.204 PROHIBITED Some developments and uses by their nature are not consistent with the defmition, policies, or intent of certain shoreline environmental designations. For the purpose of this program, these uses are not considered appropriate or applicable, therefore, they are not allowed. Uses that are prohibited within a shoreline environment may not otherwise be permitted without fIrst amending the Master Program to allow said use. 4.205 UNCLASSIFIED UnclassifIed uses are those uses which are not classifIed in the foregoing defInitions or in the uses listed in Section 5. Such uses shall be reviewed as a conditional use including the applicant's additional burden to demonstrate that extraordinary circumstances preclude reasonable use of the property consistent with the provisions of the Master Program. Appeals from the administrator's decision may be made under the provisions set forth in Section 9 of this Master Program. 4.30 SHORELINES OF STATE-WIDE SIGNIFICANCE DefInition Shorelines of state-wide signifIcance, with respect to Jefferson County and the City of Port Townsend, are identifIed as: 1. Those lakes, whether natural, artifIcial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark, including their associated wetlands. 2. Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide, which are Hood Canal from Tala Point to Foulweather Bluff, south to the Mason-Jefferson County line, including their associated wetlands. 3. Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters, north to the Canadian line and lying seaward from the line of extreme low tide. 4. Those natural rivers or segments thereof downstream from a point where the mean annual flow is measured at one thousand cubic feet per second or more. In Jefferson County these rivers, including their associated wetlands, are: a. The Clearwater River from the confluence of Miller Creek within Section 27, Township 25 North, Range 12 West, WM, downstream, excluding federal lands, to the Quinault Indian Reservation within Section 29, Township 24 North, Range 10 West, WM. LOG ITEM # (0 Page ~ '2- 2-,- of s? 36 e e b. The Hoh River from the Olympic National Park boundary within Section 29, Township 27 North, Range 10 West, WM, downstream to the Hoh Indian Reservation within Section 20, Township 26 North, Range 13 West, WM. c. The Quinault River from the east section line of Section 33, Township 24 North, Range 8 West, WM, downstream to the Hoh Indian Reservation within Section 20, Township 27 North, Range 13 West, WM. All development within shorelines of state-wide interest shall meet the following policies listed in descending order of preference: Policies 1. Recognize and protect the state-wide interest over local interest. 2. Preserve the natural character of the shoreline. 3. Result in long term over short term benefit. 4. Protect the resources and ecology of the shoreline. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shorelines. 7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. Performance Standards 1. All proposed developments within shorelines of state-wide significance shall comply with the appropriate provisions of this Master Program. 2. Forest management development and activities situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of state-wide significance shall only employ selective timber cutting so no more than thirty percent of the merchantable trees may be harvested in any ten year period of time; provided other timber harvesting may be permitted in those limited instances where the topography, soil conditions, or silvicultural practices necessary for regeneration render selective timber cutting ecologically detrimental; provided further that clear cutting of timber that is solely incidental to the preparation of land for other uses authorized by the Shoreline Management Act and this Master Program may be permitted. 4.40 CLASSIFICATION TABLE The environmental designation and developments and uses matrix on the following page provides a graphic representation of the policies and performance standards contained in this Master Program by indicating project classifications. The matrix lists various uses that can occur within the shoreline environment on the left column. Environmental designations (obtained from Appendix "A" and liB" for any specific location in the county or city) are listed across the top. The classification is determined by following a use line and a designation line to their mutual intersection. The classification of a project determines the level of review that it will receive. The matrix provides a guide for the classification of project proposals. LOG ITEM # Co Page--2~~_of 57_ 37 e e ENVIRONMENTAL URBAN SUBUR- CONSER- NATURAL AQUATIC* DESIGNATIONS BAN VANCY . ADVERTISING On-premise S S S X C Off-premise C C C X X AGRICULTURE S S P C NIA AQUACULTURE Passive Enhancement P P P C P Extensive Upland P S S X N/A Extensive Intertidal P S P S** ~ Extensive Subtidal S S S S** ~ Intensive Uoland P S S X NIA Intensive Subtidal S S S S** ~ BOAT LAUNCHES P P S C ~ COMMERCIAL Water-related P S S X ~ and/or dependent and/or eniovment Non-water deoendent C C C X X*** DOCKS, PIERS, AND S S S C ~ FLOATS DREDGING S S C X ~ FOREST MANAGEMENT S P P C N/A INDUSTRIAL AND PORT FACILITIES Water related P S C X ~ andlor dependent Non-water deoendent S C C X X LANDFILLS Uoland P P S X NIA Aquatic S C C X ~ MARINAS P S C X ~ MINING C C C X ~ MOORING BUOYS S P P C ~ PARKING FACILITIES Vistas S P P C C Non-vistas S S C C C RECREATIONAL FACILITIES Over-nioht P S S X X Day use P P S C ~ RESIDENTIAL P P S X X DEVELOPMENT SCIENTIFIC AND P P P S ~ EDUCATIONAL FACILITIES SHORE DEFENSE WORKS S S S C C TRANSPORTATION P S C C ~ FACILITIES UTILITIES P S I C C C P - Primary S - Secondary NIA - Not Applicable C - Conditional ~ - Same as upland X - Prohibited Projects in the aquatic designation that originate waterward of the extreme low tide (see Figure 3), but have been classified with an arrow ~ shall be considered the same as the adjoining upland. ** See Section 5.30, Aquaculture, Policy #11 *** See Subsection 4.106, "Port Townsend Urban Waterfront Special District" for exception. * LOG ITEM # ~ Page_ z,~ ate:; r') __ 39 e e industrial purposes. Further, such vacation shall not be accomplished for any purpose that is not consistent with this Master Program, and then only when all appropriate federal, state, and local pennits have been issued for the intended use. 24. Transportation facilities in floodways shall be designed to minimize flood water diversion or obstruction to flood water flow. 5.200 UTILITIES Definition Services or facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, and the like. Policies 1. Whenever utilities must be placed in a shoreline area, the location should be chosen to not obstruct or destroy scenic views. Wherever feasible, these facilities should be placed underground or designed to do minimal damage to the aesthetic qualities of the shoreline area. 2. To an extent feasible, Jefferson County and the City of Port Townsend should incorporate major utility corridors on shorelines into their programs and plans for public access to and along water bodies. 3. Utilities should be located to meet the needs of future populations in areas planned to accommodate this growth. 4. Upon completion of installation and maintenance projects of shorelines, banks should be restored to preproject configuration, replanted with native species, and be provided with maintenance care until the newly planted vegetation is established. Performance Standards 1. Utilities shall be installed adjacent to or within existing utility or circulation easements or rights-of-way whenever feasible. 2. Utilities shall be installed underground whenever feasible. 3. Utilities shall be designed and installed to meet future needs when possible. 4. When feasible, utility corridors shall serve multiple uses such as shoreline access or recreational trails or pathways. 5. Utilities installed in the water, beach, or upon tidal areas shall assure that water quality and marine life will not suffer degradation. 6. Installation of utilities shall assure the prevention of siltation or beach erosion. 7. Upon completion of installation or maintenance projects, banks shall be restored to a suitable configuration and stability, replanted with native species, and provided with maintenance care until the newly planted vegetation is established. 8. Utility discharges and outfalls shall be located, designed, constructed, and operated so degradation to water quality, marine life, and general shoreline ecosystems is kept to an absolute minimum. 9. Both during and after installation, utilities shall assure that geohydraulic shore processes and marine life are basically maintained in their natural condition. lOG ITEM #- ~ Page 2<(;, _of 57 76 e e 10. Utilities located in flood prone areas shall be provided with adequate flood protection and shall not be installed to increase flood hazard or other damage to life or property. 11. Flammable or toxic materials shall not be stored in areas subject to flooding. 12. Utilities shall not be installed in areas subject to geological hazards, unless it can clearly be demonstrated that such hazards can be overcome. # Page LOG ITEM ~ ? 1 of S'j- - 77 e e SECTION 6 ADMINISTRATION SUBSECTIONS 6.10 Program Administration 6.20 Public Hearings 6.30 County Commissioners and City Council 6.40 Application There is hereby established by this Master Program an administrative system designed to assign responsibilities for review of substantial development permits, to prescribe an orderly process by which to review all permit applications, and generally to ensure that all persons coming within the jurisdiction of this Master Program are treated in a fair and equitable manner. 6.10 PROGRAM ADMINISTRATION The Jefferson County Planning and Building Department is hereby vested with general overall administration of the Shoreline Management Act and this Master Program with respect to Jefferson County and the City of Port Townsend. For projects originating within the City of Port Townsend, the planning department shall perform its duties in conjunction with the Port Townsend Public Works Department and Mayor's Office. The responsibilities and duties of the Planning and Building Department include the following: 1. Prepare and use such forms it deems essential for administrative purposes. Such forms shall be consistent with WAC 173-27-110. 2. Advise and assist applicants for shoreline permits of administrative requirements and review criteria of the Shoreline Management Act and this Master Program. 3. Insofar as possible, ensure that all shoreline permit applications are proper and complete prior to review. 4. Ensure that all administrative requirements designed by the Shoreline Management Act and this Master Program are accomplished in processing shoreline permit applications. 5. Insofar as possible, ensure that all foreseeable and pertinent data, correspondence, and testimony regarding permit applications has been considered and are in order prior to reVlew. 6. Present permit applications for substantial development, secondary and conditional uses and variance requests together with any findings, evaluations, and recommendations to the Hearing Examiner. 7. Present permit applications together with findings, evaluations, and recommendations to the Board of County Commissioners or City Council. 8. Review all proper and complete shoreline permit applications for primary uses. 9. Review any and all information, testimony, or correspondence from interested persons, groups, or agencies with respect to shoreline permit applications for primary uses. LOG ITEM #- Co Page ? ~Of2L 78 e e 10. Make findings and evaluations and thereafter formulate and transmit recommendations to the Hearing Examiner or City Council that permits be granted or denied for primary uses with respect to compliance with the Shoreline Management Act and this Master Program. 11. Condition any permit recommended for approval associated with Item 10 above in order to prevent undesirable effects of the proposed use, as well as bringing about conformance with the goals, policies, and or standards of this Master Program. 12. Provide technical and administrative assistance to the Hearing Examiner, Board of County Commissioners and City Council relative to the Shoreline Management Act and this Master Program. 13. Act as the primary liaison between local and state agencies in the administration of the Shoreline Management Act and this Master Program. 14. Make administrative decisions and interpretations regarding the Shoreline Management Act and this Master Program. 15. Seek remedies for either violations of the Shoreline Management Act and this Master Program, or for noncompliance with conditions of any approved shoreline permit issued by Jefferson County or the City of Port Townsend. 16. Assist in the development and processing of any proposed adjustments of this Master Program. 17. Insofar as possible, ensure that all foreseeable pertinent data, correspondence, testimony, and recommendations on proposed adjustments to this Master Program are considered and are in order prior to review. 18. Present proposed adjustments to this Master Program, together with findings and recommendations, to the Jefferson County Planning Commission, the Board of County Commissioners, or City Council. 19. Undertake measures to inform the citizens of Jefferson County and the City of Port Townsend of the philosophy, purposes, goals, requirements, implications, and technical considerations associated with the Shoreline Management Act and this Master Program. 6.20 PUBLIC HEARINGS The Jefferson County Hearing Examiner shall have the responsibilities and duties identified below: 1. Consider through an open record public hearing or other means all pertinent data, testimony, correspondence, findings, evaluations, recommendations, and conditions related to any application for a shoreline permit within the scope of this Master Program. 2. Accept or reject any recommendation and/or conditions(s), and thereupon take action to grant or deny applications for permits with respect to compliance with the Shoreline Management Act and this Master Program. 3. Condition any permit recommended for approval associated with Item 2 above in order to prevent undesirable effects of the proposed project, as well as bringing about conformance with the goals, policies, and standards of this Master Program. 4. Seek remedies for either violations of the Shoreline Management Act and this Master Program, or for noncompliance with conditions for any approved permit issued by Jefferson County. 5. Seek remedies for either violations of the Shoreline Management Act and this Master Program, or for noncompliance with conditions for any approved permit issued by Jefferson County or the City of Port Townsend. LOG ITEM # ~ Page 29_of S7 79 It e 6. Act as an appeals body to adjudicate grievances brought forth by a person regarding administrative decisions or interpretations associated with the Shoreline Management Act and this Master Program. 6.30 COUNTI COMMISSIONERS AND CITI COUNCIL The responsibilities and duties of the Board of County Commissioners and City Council with respect to this Master Program include the following: 1. Consider through closed record public hearings all pertinent data testimony, correspondence, findings, evaluations, recommendations, and conditions related to any appeal of a decision by the Hearing Examiner regarding any application for a. shoreline permit. 2. Act as an appeals board through closed record public hearings with respect to decisions of the Hearing Examiner issued within the scope of this Master Program. 3. Consider through public hearings or meetings all pertinent data, testimony, correspondence, findings, and recommendations related to any proposed adjustments to this Master Program. 4. Accept or reject any recommendation or portion thereof and thereupon take action to adopt or not adopt any proposed adjustments to this Master Program. 6.40 APPLICATION Any person(s) who wishes to conduct substantial development within the geographical jurisdiction of this Master Program shall supply to Jefferson County or the City of Port Townsend through the Jefferson County Planning and Building Department for a shoreline permit. A shoreline permit is considered the last governmental approval prior to construction or issuance of a building permit. If a proposal involves other governmental approvals, as in a rezone or subdivision approval, these other issues shall be resolved prior to final action on a shoreline permit application. 6.401 PROCEDURE The following procedure shall be applied to the processing of shoreline permit applications in order to assure that review of an application is expedient and equitable: 1. An applicant must submit a proper and complete application in accordance with WAC 173-27 -110 to the Planning and Building Department on forms so designated. 2. An applicant may need to submit a proper and complete environmental assessment or, if appropriate, environmental impact statement to the Planning and Building Department or Jefferson County Permit Center on forms or in a format so designated. 3. Application fees must be paid in accordance with those established by the Jefferson County Board of Commissioners. 4. Notice of application shall be provided within fourteen days after the complete information has been received. Any local, state, or federal agency that may have interest in the proposed project shall be notified by the Jefferson County Permit Center or Planning and Building Department for any comments that agency or department may have. Notice LOG ITEM # ~ Page~~ of 57 80 e e shall include a statement of the public comment period, which shall be not less than thirty days following the date of notice of application. 5. After all pertinent data and input has been accumulated, a public hearing before the Jefferson County Hearing Examiner for any substantial development, secondary or conditional use applications or variance requests shall be scheduled, or, in the case of primary use applications, a public hearing may be scheduled. Public notice of a public hearing shall be made in accordance with Subsection 6.402 of this Master Program. 6. The Hearing Examiner and City Council with respect to their separate jurisdictions, shall act on applications as outlined under Subsection 6.30 of this Master Program. The Hearing Examiner or City Council may refer the application back to the Jefferson County Permit Center, Planning and Building Department, or City Administrator for further review. 7. The Jefferson County Permit Center or Planning and Building Department shall transmit within eight days final action taken on an application to the applicant, Washington State Department of Ecology, Washington State Attorney Generals Office, and any person who has requested notice. The Department of Ecology shall render its final decision approving, approving with conditions, or disapproving the permit within thirty (30) days of the date of submittal by local government. 8. A person who is aggrieved by action taken on an application may appeal the decision in compliance with Section 9 of this Master Program. 9. A recipient of a shoreline permit from the county or city shall not commence development or construction until thirty (30) days from the date of filing with the Washington State Department of Ecology or until all appeal proceedings have terminated. Due to the Department of Ecology's review of conditional uses and variances, the date of filing may be up to thirty (30) days from the date of receipt of the permit by the Department of Ecology. 10. Any development, construction, or activity conducted pursuant to a shoreline permit issued by Jefferson County or the City of Port Townsend shall be completed within any time limits for completion that are imposed as a condition of permit approval, or outline under Subsection 6.405 of this Master Program. 6.402 PUBLIC NOTICE Notice of an application and its public hearing, if any, shall be made as follows: 1. The Jefferson County Permit Center or Planning and Building Department shall publish legal notices at least once a week, on the same day of the week, for two consecutive weeks, in a newspaper of general circulation within the county or city in accordance with the format prescribed by WAC 173-27-110. In addition, the Jefferson County Permit Center or Planning and Building Department shall ensure that additional notice of the application be made in a manner they deem appropriate to accomplish the objectives of reasonable notice to adjacent property owners and the public. This may be accomplished by notifying by mail property owners identified by the county records that are adjacent to the property upon which the development is proposed, and/ or requiring the applicant to conspicuously post with notices the property of the development and/or other locations as directed by the Jefferson County Permit Center or Planning and Building Department. LOG ITEM # Cp Page~of Sf) 81 e e 2. The Jefferson County Permit Center or Planning and Building Department shall publish at least one legal notice of a scheduled public hearing of an application in a newspaper of general circulation within the county or city. The notice shall be made after the last publication date of the notice of application and at least ten (10) days prior to the public hearing. 6.403 BONDS To guarantee that conditions imposed in conjunction with permit approval are completed, the Board of County Commissioners or City Council with respect to their separate jurisdictions may require the applicant to post a performance bond in an amount satisfactory to the board or council. Any such bond shall be from a reputable bonding company in a form acceptable to the Jefferson County Prosecuting Attorney or the City of Port Townsend Attorney. 6.404 REVISIONS When Jefferson County or the City of Port Townsend receives application to revise a shoreline permit previously granted, they shall, with respect to their separate jurisdictions, determine if the desired modifications are "major and significant." If the modifications are determined as major and significant, a new and complete application shall be processed in compliance with this section. If the proposed modifications are determined as not being major and significant, the Board or City Council shall review and thereafter approve or deny the request for permit revision. When a permittee seeks to revise a permit, the Jefferson County Planning and Building Department shall request from the permittee detailed plans and text describing the proposed changes in the permit. If Jefferson County or the City of Port Townsend determines that the proposed changes are within the scope and intent of the original permit, they may approve a revision. "Within the scope and intent of the original permit" means all of the following: 1. No additional over-water construction is involved, except that pier, dock, or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less. 2. Ground area coverage and height of each structure may be increased a maximum of ten percent from the provisions of the original permit. 3. Additional separate structures may not exceed a total of 250 square feet. 4. The revised permit does not exceed height, lot coverage, setback, or any of the requirements of this Master Program except as authorized under the original permit. 5. Additional landscaping is consistent with conditions (if any) attached to the original permit and with this Master Program. 6. The use authorized pursuant to the original permit is not changed. 7. No substantial adverse environmental impact will be caused by the proposed revision. If the sum of the revision and any previously approved revisions violate the provisions above, the county or city shall require that the permittee apply for a new permit in the manner provided in this Master Program. Within eight days of the date of final action by the city or county, the revision, including the revised site plan, text, and the final ruling on consistency with this section, shall be filed with the Washington State Department of Ecology and Washington State Attorney General. In addition, the Planning and Building Department shall notify parties of record of their action. If the revision to the original LOG ITEM #- ~ Page_3.~ta 82 e e permit involves a conditional use or variance that was conditioned by the Department of Ecology, the Planning and Building Department shall submit the revision to the Department of Ecology for their approval, approval with conditions, or denial. The revision shall indicate that it is being submitted under the requirement of WAC 173-27- 100(5). The Department of Ecology shall render and transmit to the Planning and Building Department and the permittee their final decision within fifteen (15) days of the date of their receipt of the submittal from the county or city. The Planning and Building Department shall notify parties of record of the Department of Ecology's final decision. The revised permit is effective immediately upon final action by the county or city or, in the case of a conditional use or variance, by the Department of Ecology, in accordance with WAC 173-27-100. 8. Appeals shall be flIed within twenty-one (21) days from the date of receipt of the local government's action by the department, or the date the department's final decision is transmitted to local government and the applicant. 6.405 EXPIRATION Criteria for determining when a shoreline permit expires are as follows: 1. Construction or substantial progress toward construction of a project for which a shoreline permit has been granted pursuant to this section shall be undertaken within two (2) years after permit approval or the permit shall expire. If such progress has not been made, a new shoreline permit application will be required. Jefferson County or the City of Port Townsend may, at its discretion, grant one extension of the two year time period prior to its expiration for up to one (1) year with prior notice to parties of record and the department based on factors such as project-related litigation or the inability to expeditiously obtain other governmental permits. 2. If a project for which a shoreline permit has been granted has not been completed within five (5) years after permit approval, Jefferson County or the City of Port Townsend shall at the expiration of the five year period, review the permit and, upon a showing of good cause, may extend the permit for one (1) year or terminate the permit; provided no shoreline permit shall be extended unless the applicant has requested such review and extension prior to the expiration date. 3. Jefferson County or the City of Port Townsend may issue permits with a fixed termination date of less than five (5) years, and construction implementation date of less than two (2) years. LOG ITEM # 0 Page ~3_of 5'1 83 LOG # Cp Page 3 'f . fI) CD fI) ::::>> "C CD - :c .- .c e 0. "C C cu CD ::is cu ~ :cc - . C") CD ::is cu I- -\ .. '. 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PERFORMANCE AND USE-SPECIFIC STANDARDS (4) Within three (3) days after termination of any temporary outdoor use permit, such use shall be abated and all structures, signs and evidence of such use removed, The Administrator may require a cash bond be posted by the applicant upon application to defray the cost of cleanup and repair of the property should the applicant fail to do so; and (5) Temporary outdoor use permits not exercised within one hundred eighty (180) days of issuance shall be null and void. 5, In addition to any other remedy provided by this Section, at any time when such temporary outdoor use is operated in violation of required conditions of this section, or otherwise found to constitute a nuisance, the County may revoke the temporary outdoor use permit. The permittee shall be given notice of and an opportunity to contest the revocation prior to a final determination, If, in the opinion of the Administrator, the violation poses a life, health, or safety threat, the use permit may be revoked immediately, and the permittee shall be given the opportunity to request consideration andlor appeal. 6. Where any provision of this Section 4.38, Temporary Outdoor Uses, is in conflict with Chapter 8,20 JCC, Public Assemblies, the provisions of Chapter 8,20 JCC shall control. 4.39 Temporary Festivals. 1. Temporary Festival. A temporary festival is generally defined as any musical, cultural, or social event conducted in an indoor or outdoor site or facility that is of a duration of more than one (1) month out of any 12-month period, and attracts two hundred fifty (250) or more people in anyone (1) day, For the purposes of this Section, each week during which the temporary festival operates for two or more days shall be considered a full week. 2. The temporary festivals are allowed, subject to a conditional use. permit, unless otherwise regulated by the requirements and provisions of Chapter 8.20 JCC, Assemblies. 3. Temporary festivals are subject to the following regulations: a. Those regulations specified above for temporary outdoor events; b. Operators of temporary festivals shall submit a part of the application for conditional use LOG ITEMrmit written plans of operation describing those means and methods to be employed # Co Page_ s~ of 91 Un' ed Development Code Section 4 . Perfonnance and Use-Specific Standards to minimize impacts to neighboring parcels resulting from the temporary festival, including traffic, litter, trespass, vandalism, property damage, and sanitation. c. The provisions of Chapter 8.20 JCC, Assemblies, where applicable. 4, Violations. In addition to any other remedy provided by this Chapter, at any time when such temporary festival is operated in violation of required conditions of this Section or a conditional use permit, or otherwise found to constitute a nuisance, the County may revoke the conditional use permit. The permittee shall be given notice of and an opportunity to contest the revocation prior to a final determination. If, in the opinion of the Administrator, the violation poses a life, health or safety threat, the use permit may be revoked immediately, and the permittee shall be given the opportunity to request consideration andlor appeal. 5. Where any provision of this Section 4.39, Temporary Festivals, is in conflict with Chapter 8.20 JCC, Public Assemblies, the provisions of Chapter 8,20 JCC shall control. 1. Minor Utility Development, Minor utility developments include utility developments designed to serve a small local community, are not manned and would be considered normal utility services for the area, including but not limited to: a. Electrical generating facilities less than ten (10) megawatts in output; b. Electrical distribution and transmission lines less than 115 kV; c. Electrical substations; d. Wate.r and sewer pipelines: . ~Ines tor petroleum or petroleum products with an inside diameter less ttian six (6) inches or less than five (5) miles in length; f. Pipelines for natural gas, synthetic natural gas, or liquid propane gas with an inside diameter less than twelve (12) inches or less than five (5) miles in length; 2, The following standards apply to all minor utility developments: a. Utility developments shall comply with the goals and policies of the Comprehensive Plan and the requirements of the Shoreline Master Program; b. New utility distribution lines shall be placed underground wherever reasonable and practical. Undergrounding of existing lines in the course of routine maintenance and 4-29 e e ,{ __ _ "............~,~~4a')O~1!I<."~ f4 , _ -,~ k-"'_.....,. _ I I , ~ ~1 :l ~ ~ ~ , ., -f ~ ..~ , , e e SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS replacement is encouraged where practi- cable, particularly where such under- grounding would enhance recognized scenic and open space areas and resources; c. Environmental impacts resulting from installation or maintenance of utilities and utility facilities shall be avoided or minimized. Where no feasible altemative to the impact exists, and mitigation is not feasible, appropriate compensating measures should be developed; d. Utilities and transportation facilities shall be installed in the same rights-of-way when the effect will be to reduce the adverse impacts on the physical environment; e, Extension of community sewerage lines outside of existing areas shall be allowed only if: (1) The extension is demonstrated to be necessary to remedy existing or potential groundwater contamination problems or to correct existing or impending health hazards, as determined by the County Health Official; or (2) The extension is to provide sewage collection and treatment service to a public elementary or secondary school; and 1. Routine maintenance and replacement of wired utility transmission and distribution lines and poles within existing rights-of-way, where environmentally sensitive areas are not present and where exempt from SEPA and Shoreline Master Program review, are authorized without further permit application and development approval, provided that such construction and activities shall comply with applicable performance and development standards of this Code. g. It shall be the affirmative duty of the applicant who proposes a minor utility development to determine if any state or federal permits or licenses are necessary and then to obtain those permits or licenses at their own expense. 4.41 Utility Developments, Major. 1. Major Utility Developments. Major utility developments include utility development designed to serve a broader community or regional area, or are manned, including but not limited to: a. Electrical generating facilities greater than ten (10) megawatts in Qutput; LOG ITEM # ~ Page 4-3~of S? b. Electrical transmission lines exceeding 115 kV; c. Pipelines for petroleum or petroleum products with an inside diameter of six (6) inches or greater and exceeding five (5) miles in length; d, Pipelines for natural gas, synthetic natural gas, or liquid propane gas with an inside diameter of twelve (12) inches or greater and exceeding five (5) miles in length; e, Other similar utility or energy facilities not meeting the definition of a minor utility development. 2. The following standards apply to all major utility developments: a. The need for the particular Ioc8tion proposed. shall be demonstrated by the applicant to the satisfaction of the Approval Authority, including a full accounting of altemative locations and sites; b. The physical and economic impacts of such facilities shall be evaluated, and measures to mitigate these impacts provided; and c, Development shall comply with the require- ments of Section 4,22, Industrial Uses - Standards for Site Development. d, It shall be the affirmative duty - of the applicant who proposes a major utility development to determine if any state or federal permits or licenses are necessary and then to obtain those permits or licenses at their own expense, 4.42 Veterinary Clinics or Hospitals. 1. Veterinary clinics or hospitals are subject to the following standards: a. Current construction, maintenance and operation standards of the American Animal Hospital Association shall apply at all times; . b. Boarding and grooming of animals, other than that incidental to medical and surgical care, shall be allowed subject to meeting the provisions. for commercial animal kennels and shelters in Section 4.6 of this UDC; and c. Development shall comply with the require- ments of Section 4,22 Industrial Uses - Standards for Site Development; including requirements for off-street parking, visual screening, and landscaping. Unified Development Code Section 4' Performance and Use-Specific Standards e d. Fish and Wildlife Habitat Areas, Standards governing development activities in these areas are found in Section 3.6.8. e. Regulated Wetlands. Alteration (filling, excavating, or draining) of regulated wetlands shall be subject to the provisions of Section 3.6.9. 5. Grading. a. Project or building permits which involve grading of 500 or more cubic yards are subject to environmental review under the State Environmental Policy Act (SEPA)(see Section 8.10 of this Code) unless the grading is SEPA-exempt under WAC 197-11-800. (Note: this does not apply when grading is associated with a development or activity which is categorically exempt from SEPA review requirements. Most minor new construction, including construction of a single-family house and related outbuildings, is exempt from SEPA review; see WAC 197- 11-800.) b. All grading of 500 cubic yards or more shall be subject to a stormwater management permit, as specified in Section 6.7.6., with the exception of: (1) Maintenance of gravel roads; (2) A SEPA-exempt (cf. WAC 197-11- 800(2)(d)) residential driveway; (3) Construction of a Class I-III logging road (per RCW 76.09.050 and WAC 222); (4) Drainage improvements constructed in accordance with Sections 6.6.2 and 6.7 of this Code; or (5) Construction of a pond of one-half acre or less which is not in a regulated wetland. Stormwater Management r I new development and redevelopment must conform to the standards and minimum requirements set by the most current version of the Washington Department of Ecology Stormwater Management Manual for Western Washington (SMM) and obtain a stormwater management permit if required by Section 6.7.6. The Administrator may require additional measures as indicated by the environmental review or other site plan review. 1. Definitions. For the purposes of this Section 6.7, the definitions at 1-2.3 of the Manual shall apply: Unified Development Code Section 6 . Development Standards LOG I~ by Ordinance No. 18-1213-02 and 21-1220-02 # Page ~ 3? of 5"7 e SECTION 6 . DEVELOPMENT STANDARDS a. "New Developmenr includes land-disturbing activities, including Class IV-general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meetings the definition of redevelopment shalt not be considered new development. b. "Reclevelopmenr includes, on a site that is already substantially developed (i.e., has 35% or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities. c. "Impervious surface" means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similar1y impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. . Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. d, "Land-disturbing activity" is any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) andlor 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 considered a land disturbing activity. 6-7 e SECTION 6. DEVELOPMENT STANDARDS e Vegetation maintenance practices are not considered land-disturbing activity. 2, Exemptions. Commercial agriculture, road maintenance activities, and forest practices regulated under WAC 222, except for Class IV General forest practices and COHPs (see Section 4.16 of this Code) pursuant to MANUAL section 1- 2.2, are exempt from the provisions of the minimum requirements. 3. Development and Redevelopment Minimum Requirements. Development and redevelopment meeting the criteria of Section 6.7 ,1.a, above, shall be required to control erosion and sediment during construction and to permanently stabilize soil exposed during construction. Such development shall: a. Comply with the required mlmmum requirements for development small parcels in Section 1-2.5 of the MANUAL; b. Applicants for all development and redevelopment meeting the criteria for Section 6.7.1.a, above, except for detached single-family residences and duplexes creating or adding less than 2,000 square feet and land disturbing activities of less than 7,000 square feet, shall prepare a stonnwater site plan (or, show on other diagrams being prepared for the. project, if appropriate) showing: (1) vicinity map; (2) location of the structure and its access; (3) all applicable setback requirements; (4) location of all applicable erosion and sediment control BMPs; and (5) existing site features and sensitive areas. 4. New Development Minimum Requirements. a. All new development and redevelopment shall be required to comply with Minimum Requirement #2 (Construction Stormwater Pollution Prevention) as contained in the MANUAL. a. New development that indudes 1) the creation or addition of 2,000 square feet, or greater, of new, replaced, or new plus replaced impervious surface area or 2) has land-disturbing activities of 7,000 square feet or greater shall comply with Minimum Requirements #1 through #5 as contained in the MANUAL. b. New development that includes 1) the creation or addition of 5,000 or more square feet of impervious surface, or 2) converts :y.. 6-8 LOG ITEM # (p Page ~~~~ofSf) acres, or more, of native vegetation to lawn or landscaped areas, or 3) converts 2.5 acres, or more, of native vegetation to pasture shall comply with Minimum requirements #1 through #10 as contained in the MANUAL. c. Redevelopment that indudes 1) new, replaced, or total of new plus replaced impervious surface of 2,000 square feet or more or 2) 7,000 square feet or more of land disturbing activity shall comply with Minimum Requirements #1 through #5 as contained in the MANUAL. d. Stormwater Site Plan. Stormwater site plans shall be developed to the standards of Chapter 3 of the MANUAL, and indude: (1) project overview; (2) plot plan, induding the elements of Section 6.7,3.b and: (3) locations of structures and other impervious surfaces; (4) locations of stormwater runoff control facilities; (5) road rights-of-way and easements. (6) preliminary conditions summary; (7) analysis of off-site water quality impacts (induding groundwater) resulting from the project, and mitigation measures; (8) analysis and design of proposed stormwater runoff control facilities, including treatment and source control BMPs (cf. Section 1-4 of the MANUAL, which provides a list of and selection process for BMPs); (9) erosion and sediment control plan; (10) special reports and studies; (11) stormwater and drainage system maintenance specifications, 5. Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or more [not exempted under 6.6.5(b)), land-disturbing activities of 7,000 square feet or more, or creation of 2,000 square feet or more of impervious surface shall be subject to a stormwater management permit. Prior to issuance of a stormwater management permit, the applicant shall submit the required stormwater management plans to the Administrator for review and approval. The Administrator shall issue the stormwater management permit consistent with a Type I permit process (as specified in Section 8) only upon a finding that the proposed use or activity meets all applicable requirements of Sections 6.6 Unified Development Code Section 6 . Development Standards Amended by Ordinance No. 18-1213-02 and 21-1220-02 e e SECTION 6 . DEVELOPMENT STANDARDS and 6.7, and any other applicable requirements of this Code. a. Applications for grading projects or land- disturbing activities which require a stormwater management permit shall include the following information. The Administrator may waive specific submittal requirements determined to be unnecessary for review of the application. (1) Source of fill material and deposition of excess material; (2) Physical characteristics of fill material; (3) Proposed methods of placement and compaction consistent with the applicable standards in Appendix Chapter 33 of the Uniform Building Code; (4) Proposed surfacing material; (5) Proposed method(s) of drainage and erosion control; (6) Methods for restoration of the site; (7) Demonstration that instream flow of water will remain unobstructed; (8) Demonstration that erosion and sedimentation from outflow channels will be minimized by vegetation or other means; and (9) Demonstration that pond runoff will be controlled to protect adjacent property from damage. 6.8 Roads. 1, General. The following shall apply to all public and private roads, including any road in a development subject to Section 7 (Land Divisions) of this Code: a. Transportation facilities shall be designed and constructed in conformance with the following reference manuals and standards of the Jefferson County Department of Public Works which are hereby adopted by reference in this Code, including: (1) American Association of State Highway and Transportation officials (AASHTO), A Policy on Geometric Design of Highways and streets, Standard Specifications for Highway Bridges, and Roadside Design Guide; (2) Washington State Department of Transportation (WSDOT) Local Agency Guidelines, Highway Design Manual, Bridge Manual, Construction Manual, Highway Runoff Manual, Hydraulics Unified Development Code Section 6 . Development Standards LOG l'fEMd by Ordinance No. 18-1213-02 and 21-1220-02 # ~ Page_ .3 9 of s<2. Manual, Plans Preparation Manual, Standard Specifications for Road, Bridge, and Municipal Construction, and standard Plans for Road, Bridge, and Municipal Construction; (3) Washington Department of Ecology Stormwater Management Manual; (4) Federal Highway Administration Manual on Uniform Traffic Control Devices; (5) Institute of Transportation Engineers (ITE) Trip Generation Manual; and (6) Transportation Research Board (TRB) Highway Capacity Manual, Special Report #209. b. Bridges shall be designed and constructed in conformance with the standards of the Department of Public Works identified by reference in this Code. Bridge design and construction shall be certified by a licensed engineer. c. Road signs and traffic signs shall be installed in conformance with the standards of the Department of Public Works identified by reference in this ordinance. d. Drainage, erosion control, and stormwater management facilities shall comply with the requirements of the Storm Drainage Standards 6-9 e SECTION 6 . DEVELOPMENT STANDARDS - 2. Patking Access Standards. All parking facilities shall be developed consistent with the following access standards: a. Joint accesses for commercial, industrial and multi-family residential uses should be utilized whenever feasible. b. All. ingress and egress to a parking lot containing four (4) or more parking spaces . shall be developed so vehicles entering and leaving the parking lot are headed in a forward motion. c. h:cess points shaD be located in a mamer consistent with the standards of the Jefferson County Department of PuNIC Works or WSDOT, where applicable. d. Umited access provisions shaH be required when deemed necessary by the Jefferson County Deparbnent of Public Works or WSDOT, where applicable. 3. General Off-Street Parking Construction Standards. a. All required off-street parking shall be provided with an all-weather surface as required by the Jefferson County Department of Public Works. b. Grading work for parking areas shaH meet the requirements of the. Unifonn Buikfing Code. Drainage and. erosion or sedimentation control facilities shaH be provided in' accordance with Sections 6.6.2 and 6.7 of the UDC. c. Wheel stops, striping, or similar measures are required where a parked vehicle would encroach on adjacent property, pedestrian access or circulation areas, rights-of-way, or landscaped areas. d. Any lighting installed in parking areas shaD be consistent with the requirements of Section 6.14. . . 6.11 Off-street Loading Space Requirements. EvelY non-residential building used for retail, wholesale, manufacturing, or storage activities, excluding self-service storage facilities, shaH provide off-street loading spaces in accordance with the standards listed below: 1. One loading space shall be required for each building containing 7,500 or more.square feet of gross floor area. 2. Each loading space must be a minimum of 10 feet wide, 25 feet long, have an unobstructed vertical clearance of 14 feet-six inches, and be 6-16 LOG ITEM W: " Page_ tfo_of.s) surfaced, improved, and maintained as required by this section. Loading spaces must be located so that trucks do not obstruct pedestrian or vehicle traffic movement or project into any pubrlC right-of-way. All loading space areas shall be separated from required parking areas and shaD be designated as truck loading spaces. 3. Any loading space located within 100 feet of areas designated for residential use shall be screened and operated as necessary to reduce noise and visual impacts. Noise mitigation measures may include architecbnl or structural barriers, beams, waDs, or restrictions on the hours of operation. 4. Loading areas and dumpsters shaI be screened from adjacent residential uses by.waIIs, trellises, an:ades, or landscaping. 6.12 Utility Service Unes . - and Facilities. 1. nera egu ations. a Environmental impacts resulting from installation or maintenance of utifities should be minimized. Areas disUbed during construction shaH be replanted with native vegetation and maintained until firmly estabf"lShed. Clearing shall be confined to that necessary to allow insIaIation and to prevent interference by vegetation once the system is in operation. b. Utirlties and transportation faciIties should . be instaUed in the same rights<<-way when the effect wlH be to reduce the adverse impacts on the physical environment. c. Solid waste transfer and disposal facilities shall be located and designed in accordanCe with WAC 173-301, 0epar1ment of Ecology Minimum Functional StandanIs for Solid Waste Handling, and applicable local health, safety, and fire protection codes. 6.13 Landscaping/Screening. 1. AppIication~' Landscaplng or saeening shall be provided for all multifamily residential, commercial ~nd industrial land uses. small-scale recreational and tourist uses, and.as required in other sections of this Code, except that landscaping will not be required of industrial uses within the Resource-Based Industrial district when the development is sufficiently screened from public view. 2. General Provisions. a Existing . trees, vegetative plantings, undisturbed open space, and/or topographic Unified Development Code Section 6 . Development standards . . 'h.'.~ """,,{~' .lh, :.-" . t'. ",.,..; ".,..,A', ., X"~~:~,,'l9<',,,,~, :~ e , * ~~!~ j ;', e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION Code, all development permit applications shall be classified as one of the following: Type I; Type II, Type III, or Type IV. Legislative decisions are classified as Type V actions and are addressed in Section 9 of this Code. Exemptions from the requirements of project permit application processing are set forth in Section 8.1.8 of this Section 8. 3. Determination of Proper Type of procedure. a, Determination by the Administrator. The Administrator shall determine the proper procedure for aU development applications. If there is a question as to the appropriate type of procedure, the Administrator shall resolve it in favor of the higher numbered procedure type, except as specifically authorized for discretionary conditional use permits under Section 8.8.4(b), below. b. Optional Consolidated Permit Processing. An application that involves two (2) or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by this Code. The applicant may determine whether the application shall be processed collectively or individually, If the application is processed under the individual procedure option,the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. c. Decision-maker(s). The Board of County Commissioners is the highest decision- maker, followed by the Appellate Hearing Examiner, the Hearing Examiner and the Administrator. Joint public hearings with other agencies shall be processed in accordance with Section 8.1.5 of this Section 8. d. Administrator. Upon issuance of a, determination of completeness as described in Section 8.2.3, the Administrator shaU assign a project planner to the project who will coordinate and be responsibJe for all phases of development application administration. e, SEPA Review. Project review conducted pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall occur concurrently with project review. The SEPA review process, including aU public. comment procedures, is set forth in Section 8.10 of this Section 8. Nothing contained in Sections 8.1 through 8.5 of this Section 8 shall be construed as restricting the need for full environmental review in accordance with Sections 3.6,4 through 3.6.11 and Section 8.10 of this Section 8. Project Permit Application Framework. TABLE 8-1: PERMITS - DECISIONS Type II Type III Type IV C\a$SifiCation of unnamed Reasonable economiC use Fmal plats under Section 7 and discretionary uses variances under Section under Section 3.2 3.6.4(h) 4. Type ,1 Allowed uses not requiri~ notice of application (e.g., "yes. uses listed in Table 3-1, building permits, septic pennits etc.) Minor amendments to plaMed rural residential develoPments (PRRDs) under Section 3.6.13.15 Release of six-year FPA moratorium for an individual single-family residence under SectiOl1 4.16 Short subdivisions under Section 7.4 Home businesses approved under Section 4.20 Temporary outdoor use permits under Section 4.38 Stormwater management pennits under Section 6.7 Binding site plans under Section 7.5 Administrative conditional use pennits under Section 8.8.4(a) [i.e.. listed in Table 3-1 as "C(an 8-2 LOG ITEM #_ (0 Page~ofSf') Type V Special use pent!its under Section 3.3.5 PRRDs under Section 3.6.13 and major amend- ments to pRRDs under Section 3:6. f3~15(c) Final PRRDs under Section 3.6.13 Jefferson County - Comprehensive Plan amendments under Section 9 Shoreline substantial development permits for secondary uses. and conditional and variance pennits under the Jefferson County Shoreline Master program (SMP) Plat alterations and vacations under Section 7.1.3(d) Long subdivisions under Section 7.5 t Amendments to develop- ment regulations including amendments to this UOC and the Land Use Districts Map Amendments to the JeffersonCounly SMP Subarea and utility plans and amendments thereto Unified Development Code Section 8 . Permit Application and Review procedureslSEPA Implementation e e SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION TABLE 8-1: PERMITS - DECISIONS Type 11 Type 1/ Type III Type IV Type V Road access permits Discretionary conditional use Development Agreements under Section 6.8 permits under Section 8.8.4(b) and amendments thereto (i.e.. listed in Table 3-1 as under Section 8.11 "C(d)1 where required by Administrator Sign permits under Discretionary conditional use Conditional use permits under Master Plans for Master Section 6.15 permits under Section Section 8.8.4(c) (i.e., uses Planned Resorts 8.8.4(b) (i.e., listed in Table listed in Table 3-1 as"Cj 3-1 as "C(d>1 unless Type III process reqUired by Administrator Boundary line Minor variances under Major variances under Section adjustments under Section 8.9.4(a) 8.9.4(b) Section 7.2 Minor adjustments to Shoreline substantial Wireless Telecommunications a~proved preliminary development permits for Permits under Section 4.13 s ort plats under Section primary uses under and Ordinance 06-0712-99 7.3.7 Jefferson County SMP Minor amendments to Wireless Major industrial development approved preliminary Telecommunications Permits conditional use approval under long plats under Section under Section 4.13 and Section 3.8 7.4.8 Ordinance 06-0712-99 Site plan approval Small-scale recreation and advance determinations tourist (SRT) uses in SRT under Section 8.7 overlay district under Section Exemptions under the 3.6.14 Jefferson County SMP Revisions to permits issued under the Jefferson County SMP 1 If not categorically exempt pursuant to SEPA. Type I projects shall be subject to the notice requirements of Section 8.3.1 through 8.3.8 and Section 8.10 (the SEPA integration section). TABLE 8-2: ACTION TYPES - PROCESS Proje .t PArmit Annlication Procedures (Types I-IV) Legislative Type I Type II Type III Type IV Type V Recommendation Project Planner Project Planner roject Planner NlA Planning made by: Commission 1 Final Decision Administrator Administrator -learing Examiner Board of County Board of County made by: Commissioners Commissioners Notice of Application: No Yes ves No NlA - Open Record No Only if lies, before Hearing No Yes. before Planning Public Hearing: Administrator's Fxaminer. prior to Commission to make decision is appealed. bermit decision by the recommendation to open record hearing Hearing Examiner. Board of County before Hearing Commissioners Examiner. Closed Record Appeail No. No Yes, before Appellate N/A Yes, or Board of Final Decision: Hearing Examiner County Commissioners could hold its own hearing Judicial Appeal: Yes Yes Ives Yes Yes2 ..... 1 Type V land use actions are subject to review and recommendation by the Planning Commission. However, utility plans and moratoria and interim zoning controls adopted under RCW 36.70A.390 are not subject to review and consideration by the Planning Commission. Unified Development Code 8-3 LOG Section 8 . Permit Application and Review ProcedureslSEPA Implementation ITEfqf1ed by Ordinance No. 18-1213-02 and 21-1220-02 # ~ Page _Y2 of s-r) e n 4 · j >> , I '1/ ~ \" " ~:' I ~ I ~ ~: 'I J .\...--~. 1 AI e e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION provision has been made for the public health, safety and general welfare. 6. Duration of Approval. Approval of the site plan shall be effective for five (5) years from the date of original approval by the Administrator. If a building permit has not been issued within the five (5) year period, the site plan approval shall expire. An expired site plan approval advance determination cannot be revived or extended except by new application that must meet all then-existing criteria and conditions listed in this Section. Knowledge of the expiration date and shall be the responsibility of the applicant. The County will not provide notification prior to expiration. 7. Limitations On Approval. Approval of the site plan shall not guarantee the performance of specific site features or improvements (e.g., wells, septic systems, stormwater drainage facilities, etc.) and shall not be immune from changes in state or federal laws which are enacted or have an effective date after the date of the site plan approval advance determination and which may affect the performance and implementation of the site plan and associated use or activity. Any subsequent land division or boundary line adjustment of a parcel or lot which has received site plan approval advance determination under this section 8.7 shall void such site plan approval and require a new site plan approval advance determination application. Approval of a site plan under this section does not constitute authority to commence any development or building activity until such time as final authorizing permits are issued (e.g., septic, wells, stormwater management, or building permits, etc.). 8. Modifications to An Approved Site Plan. a. Minor modifications to a previously approved site plan under this section 8.7, 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: (1) A change of proposed land use to one other than that approved for the original site plan; (2) The location or relocation of a road or street (excluding driveways, intemal parking or accessways); (3) 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 8_2~OG ITEM # ~ Page Cf 6 of S<) land use district re-designation application; (4) The creation of an additional lot, tract or parcel; (5) Would create a site plan for a parcel that does not qualify as a building site pursuant to this Code; (6) Would make the site plan inconsistent with any restrictions or conditions of approval for a recorded short plant, long plat, boundary line adjustment, or binding site plan. b. Before approving such an amendment, the Administrator shall make written findings and conclusions documenting the following conditions: (1 ) The modification will not be inconsistent or cause the site plan to be inconsistent with the decision of the county preliminarily approving the application; (2) The modification will not violate the intent of the original conditions of application approval; and (3) The modification will not cause the site plan approval advance determination to violate any applicable county policy or regulation. c. Modifications that involve the circumstances described in 8.7.8(a), above, or exceed the criteria set forth in Section 8.7.8(b), above, shall be processed as a new site plan approval advance determination application. 1, Purpose, The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in this code in order to accommodate uses that may be appropriate in an established district unaer certain circumstances, but inappropriate in the same district under others. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to the goals and policies established in the Jefferson County Comprehensive Plan and to adopted development standards. This review shall determine whether the proposed use should be permitted by weighing the public need or the benefit to be derived from the use, against the impact that it may cause. 2. Scope. This Section 8.8 shall apply to each application for a conditional use permit. Only those uses indicated by a "C(a)," "C(d)" or "C" Unified Development Code Section 8 . Permit Application and Review ProcedureslSEPA Implementation e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION opposite the use in Table 3-1 of this Code will be considered for a conditional use permit. 3. Application Submittal and Contents. a. The application for a conditional use permit shall be submitted to DCD on forms provided by the department, along with the appropriate fees established under the Jefferson County Fee Ordinance. The application shall include aU matenals required pursuant to Section 8.2.2 of this Section 8. b. The Administrator may waive specific submittal requirements determined to be unnecessary for review of an application. 4, Conditional Use Permit Types - Review Processes. a. Applications for uses listed as an administrative conditional use permit (Le., "C(a)") in Table 3-1 of this Code shall be processed according to the procedures for Type II land use decisions established in Section 8.4. b. Applications for uses listed as discretionary conditional use permits (Le., "C' (d)") in Table 3-1 of this Code shall, at a minimum, be processed according to the procedures for Type II land use decisions established in Section 8.4. However, in accordance with this Section 8.8.4(b), the Administrator may on a case-by-case basis refer a discretionary conditional use permit application to the Hearing Examiner to be processed according to the procedures for Type III land use decisions established in Section 8.4. (1) Required Findings. Prior to referring an application for a use listed as "C(d)" in Table 3-1 to the Hearing Examiner, the Administrator shall make one of the following findings: L In the exclusive, discretionary judgment of the Administrator, the application involves potentially significant issues relating to location, design, configuration, and potential impacts to surrounding properties and the community that can be more appropriately considered and addressed through an open public record pre-decision hearing before the Jefferson County Hearing Examiner; or iL In the exclusive, discretionary judgment of the Administrator, the application seeks approval of a use involving complex legal issues necessitating special expertise in the decision-maker. (2) Timing. The Administrator shall determine whether or not to refer an application to the Hearing Examiner, for a public hearing, concurrent with the determination of completeness required under Section 8.2,3(a), above. (3) Discretion of the Administrator. The Administrator's decision to refer an application to the Hearing Examiner under this Section 8.8.4(b) to be processed as a Type III application shall be for the purpose of affording maximum fairness in decision-making and procedural due process protection, and shall not affect the substantive applicability of local, state or federal policies or law applicable to any permit application. The decision to refer any application to the Hearing Examiner to be processed as a Type III application rests exclusively within the discretion of the Administrator. (4) No Notice or Hearing Required. Because the Administrator's decision to refer (or not to refer) an application for a use listed as "C(d)" in Table 3-1 to the Hearing Examiner for a public hearing rests solely in the Administrator's discretion, the county is not required to provide prior notice of the Administrator's decision. The Administrator shall not be required to hold a public hearing on such a decision. The decision of the Administrator made pursuant to this Section 8,2.4(b) shall not constitute an appealable administrative decision. c. Applications for uses listed as a "C" in Table 3-1 of this Code shall be. processed according to the procedures for Type III land use decision established in Section 8.4. 5. A roval Criteria for All Conditional Us . a. e coun ma approv approve with modifications an application for a conditional use permit (Le.. uses listed in Table 3-1 as "C(a)," "C(d)" or "C") if all of the following criteria are satisfied: (1) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the L 0 Bi~'CI1I1ii'lfltpment Code # ~ecboJJ '8-.lfldrmit Application and Review ProcedureslSEPA Implementation " Page~of<:::;7 8-23 e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION subject property and with the physical characteristics of the subject property; (2) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and storm water control; (3) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (4) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; (5) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; (6) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; (7) The conditional use complies with all other applicable criteria and standards of this Code and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in Sections 4 and 6 of this Code; (8) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (9) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (10) The conditional use has merit and value for the community as a whole; (11) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and (12) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. ~_24LOG ITEM tt ~ Page (J-) . of ')<7 b. In instances where all of the above findings cannot be made, the application shall be denied. 6. Additional Conditions, The county may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The conditions may: a. Increase requirements in the standards, criteria or policies established by this Code; b. Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; c. Require structural features or equipment as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; or d. Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic and physical hazards. 7. Use of Property Before Final Decision. No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective. 8. Effective Period - Expiration. a. A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three (3) years of the effective date (the date of the decision granting the permit) of the permit unless the permit approval provides for a greater period of time. b. Extensions to the duration of the original permit approval are prohibited. c. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. 9, Modification of a Conditional Use Permit. The county may modify an approved conditional use permit as follows: the county may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. A modification will be processed as a Type II land use decision Unified Development Code Section 8 . Pennit Application and Review ProcedureslSEPA Implementation e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION pursuant to Section 8.4.2 of this Code. 10. Conditional Use Permit to Run with the Land, A conditional use permit granted under this Section 8.8 shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. 11. Permit Suspension or Revocation. The county may suspend or revoke an approved conditional use permit pursuant to Section 10 of this Code only upon finding that: a. The use for which the approval was granted has been abandoned for a period of at least one (1) year; b. Approval of the permit was obtained by misrepresentation of material fact; or c. The permit is being exercised contrary to the terms of approval. . 12. Assurance Device. In appropriate circum- stances, the Administrator may require a reasonable performance or maintenance assurance device, in a form acceptable to the county prosecutor, to assure compliance with the provisions of this Code and the conditional use permit as approved. 8.9 Variances (Minor and Major). 1, Purpose. The purpose of this Section 8.9 is to ensure that all persons and their property are guaranteed equal rights and opportunities under similar circumstances. A variance is never to be used to endow certain persons or property with special privileges denied to all others under similar circumstances. Variances may only be granted for dimensional, area and bulk requirements (e.g" height, setbacks, yard size, lot coverage, frontage, floor area and the like) specified by this Code, 2. Scope, This Section 8,9 shall apply to all applications for variances from the provisions of this Code, except for reasonable economic use variances and environmentally sensitive area buffer width reductions, which shall be govemed by the provisions of Section 3,6.4, of this Code. 3. Application Submittal and Contents. a. The application for a variance shall be submitted to DCD on forms provided by the department, along with the appropriate fees established under the Jefferson County Fee Ordinance. The application shall include all materials required pursuant to Section 8,2.2 of this Section 8. b. The Administrator may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Variance Types - Review Processes. The following are subject to this permit review process: a. Minor and Major Variances Distinguished. (1) Minor variances include variances that would permit expansion of an existing building which would extend no more than ten (10) percent beyond the dimensional, area and bulk requirements specified by this Code. Minor variances also include variances to allow expansion of an existing building that is nonconforming as to setback or lot coverage requirements when the proposed expansion would not: i. Increase the nonconformity of the building; and . ii. Result in any portion of the building or expansion being located closer to an abutting property line than does the existing building at its nearest point to the property line. (2) Major variances include all other variances (i.e., all variances not described in Section 8,9,4(a)(1), above), b. Minor Variances. Applications for minor variances shall be processed according to the procedures for Type Uland use decisions established in Section 8.4.2 of this Code. c. Major Variances. Applications for major variances shall be processed according to the procedures for Type III land use decisions established in Section 8,4. - . 5. Approval Criteria. A variance may.. be granted only if the applicant demonstrates all of the following: a. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district in which the subject property is located; b. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use district in which the subject property is located; # Page LOG ITEM ~ Unified Development Code Section 8 . Permit Application and Review ProcedureslSEPA Implementation 'f~ of ~2. 8-25 e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION c. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and land use district in which the subject property is located; d. The special circumstances of the subject property make the strict enforcement of the provisions of this code an unnecessary hardship to the property owner; e. The special circumstances are not the result of the actions of the applicant; and f. The variance is consistent with the purposes and intent of this Unified Development Code, 6. Additional Conditions. In granting any variance, the decision-maker may prescribe appropriate conditions and safeguards to assure that the purpose and intent of this Code will not be violated. 7. Limitation on Authority. The Administrator or Hearing Examiner (as applicable) may not grant a variance under this Section 8.8 for the following: a. The provisions of this Code establishing allowed, conditional, discretionary and prohibited uses within the various land use districts (i,e., Table 3-1, above); b. The density provisions of this Code; c. The procedural or administrative provisions of this Code; or d. Any provision of this Code which, by its terms, is not subject to a variance. 8. Effective Period - Expiration. a. A variance approval automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three (3) years of the date of the decision granting the variance unless the variance approval provides for a greater period of time. b. Extensions to the duration of the original variance approval are prohibited. c. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. 9, Assurance Device. In appropriate circumstances, the Administrator or Hearing Examiner (as applicable) may require a reasonable performance or maintenance assurance device. in a form acceptable to the prosecuting attomey, to assure-Compliance with the provisions of this title and the variance as approved, LOG ITEM #-/i?R Co Page_\(j _of >? - 8.10 State Environmental Policy Act ..,(gPA} Im~ementa1Wr' 1. AU~. a. This section contains county procedures and policies implementing the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), Jefferson County adopts this Section 8.10 under RCW 43.21C.120, as amended, and WAC 197-11-904. b. SEPA Rules - Adoption by Reference. The county hereby adopts by reference the SEPA Rules, WAC Chapter 197-11. The SEPA Rules must be used in conjunction with this Section 8,10, This Section contains uniform usage and definitions of terms under SEPA and the SEPA Rules. The county adopts by reference the definitions in WAC 197-11-700 et seq., as supplemented by Section 2 of this Code. 2. Purpose. The purpose of this Section 8.10 is to adopt regulations that implement SEPA, consistent with the SEPA Rules. This is accomplished by ensuring that: a. Environmental values are considered in making land use and agency decisions, and reasonable alternatives and conditions are identified and implemented to mitigate (as provided in this Section) the adverse environmental impacts of proposed actions on the environment; b. Adequate and timely environmental information is gathered and provided to decision-makers, and procedural delay and duplication is avoided; and c, Opportunity for public involvement is inCluded in the decision-making process. 3. Responsible Official Decision-Making Authority. a. The responsible official snail be the Administrator. b. For those proposals for which the county is the lead agency, the" responsible official is vested with authority to and shall make the threshold determination, determine an exemption (if any), supervise scoping and " preparation of any required environmental impact statement (EIS), administer the SEPA Rules and this Section 8,10, and perform any other functions assigned to the "lead agency" or "responsible official" by the SEPA Rules. c. The responsible official shall be responsible for the written comments of the county h_ response to a consultation request: Unified Development Code Section 8 . Permit Application and Review ProcedureslSEPA Implementation e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION (1) Prior to issuance of a threshold determination; (2) For participation in scoping; or (3) For review of a draft environmental impact statement (DEIS). d. The Department of Community Development (DCD) shall maintain all documents required by SEPA Rules and make them available in accordance with the Chapter 42.17 RCW (the Disclosure - Campaign Finances - Lobbying Records Act), 4. lead Agency Determination and Responsibilities. a. The county department receiving application for or initiating a proposal that includes a non-exempt action shall determine the lead agency for the proposal under WAC 197-11- 050 and WAC 197-11-922 through 197-11- 940, unless lead agency has been previously established. b. When the county is lead agency, the responsible official shall supervise compliance with threshold determination requirements. If an EIS is required, that official shall supervise preparation of the EIS. c. When the county is not lead agency, the county shall use and consider the determination of non-significance (DNS), mitigated determination of non-significance (MONS), or final environmental impact statement (FEIS) of the lead agency in making decisions on the proposal. Unless required under WAC 197-11-600 no DNS or EIS in addition to that issued by the lead agency shall be prepared. The county may, howev~r, conduct supplemental environmental review under WAC 197-11- 600. d. If the county receives a lead agency determination that appears inconsistent with criteria contained in WAC 197-11-922 through 197-11-940, it may object to the determination. Objection must be made to the agency that made the determination and must be resolved within fifteen (15) calendar days of receipt of the determination, or the county must petition the department of ecology for lead agency determination under WAC 197-11-946 within the "fifteen (15) calendar day period. The responsible official may initiate any such petition on behalf of the county. e, Any county department making lead agency determination for a private proposal shall require sufficient information to . identify all other agencies with jurisdiction over the proposal. 5.lnitiation of SEPA Review; limitations on Actions During Review. a. Initiation of Review, The county's SEPA process begins when a permit application is submitted to the county, or when the county proposes to take an official action as defined in WAC 197-11-704. b. limitations on Actions during SEPA Process. Until the responsible official issues a final DNS or FEIS and the SEPA appeal period has lapsed, the county shall not take any project action (issuing permits, approvals, etc.) on a non-exempt project, or take any nonproject action (decisions on policies, plans, programs, etc.), that would have an adverse environmental impact or would limit the choice of reasonable altematives. 6. Categorically Exempt Actions; Use of Existing Documents and Analyses. a. Categorically Exempt levels. (1) Except as set forth in Section 8.10.6 (a) (2), below, Jefferson County adopts and incorporates by reference the categorical exemption levels set forth in WAC 197-11-800. (2) Pursuantto WAC 197-11-800 (1) (c) (v), the maximum exempt level for any landfill or excavation activity in Jefferson County shall be five hundred (500) cubic yards, b. Categorically Exempt Actions. Actions categorically exempt under Section 8.10.6(a), above, do not require review under this Section 8.10 or the preparation of an environmental impact statement, and may not be conditioned or denied under SEPA, except as provided in WAC 197-'11-305 and Section 8,10.6(c), below. c. Use of Exemptions. (1) The responsible official will determine the applicability of a categorical exemption, The determination by the responsible official that a proposal is exempt from SEPA is final. None of the procedural requirements of this Section 8.10 (except as provided in WAC 197-11-305 and this Section 8.10.6(c) apply to an exempt proposal. (2) If a proposal includes exempt and non- exempt actions, the responsible official # Page LOG ITEM Unified Development Code ction 8 . Pennit Application and Review ProcedureslSEPA Implementation of 5r') 8-27 e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION shall determine the lead agency pursuant to WAC 197-11-050. (3) If a proposal includes exempt and non- exempt actions, the county may authorize exempt actions prior to compliance with procedural requirements of this Section 8.10, except as provided in Section 8.10,6(c)(4) through (7), below. (4) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not authorize the use of exemptions for: i. Actions that are not exempt; ii. Any action that would have an adverse environmental impact; iii. A series of exempt actions that are physically or functionally related which together would result in a probable significant adverse environmental impact for the overall project; or iv, Any action that would limit choice of alternatives. (5) The county may withhold approval of an exempt action that would lead to modification of the physical environ- ment when such modification would serve no purpose if non-exempt action(s) were not approved [see WAC 197-11-305(1)(b)(i)). (6) The county may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the non-exempt action(s) were not approved (see WAC 173-806-060). (7) Actions identified as categorically exempt from SEPA under 197-11-800 shall remain exempt under SEPA even when located in one (1) or more of the environmentally sensitive areas (ESAs) classified, designated and mapped under Section 3.6.4 of this Code. However, the categorical exemptions listed in WAC 197-11-800 shall not apply when undertaken wholly or partly on lands covered by water, regardless of whether or not such lands are mapped as ESAs, Proposals in areas subject to this Section 8.10.6(c)(7) shall require environmental review and a threshold determination, and may be conditioned or denied under this Section 8.10 (see LOG ITEM 8-28 Cp yq of 'S'I WAC 197-11-756, 197-11-800, and 197-11-908). d. Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation of existing documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630, and 197-11-635. e. Planned Actions. (1) The county may, as part of its planning processes, elect to perform or have performed for it in advance of any development proposal, the environmental review and analysis for certain actions and their probable impacts. These "planned actions" must be so designated by ordinance or resolution adopted by the county after the analysis of the actions and their impacts has been completed. (2) Planned actions must be located in an urban growth area, a master planned resort (MPR), or a fully contained community, and meet the additional requirements contained in RCW 43,21 C.031 (2)(a), (3) The analysis must be sufficient to identify and analyze all probable significant impacts and most non- significant impacts of the actions, and to identify (and, optionally, provide) to a great extent the mitigation necessary (i.e., the significant impacts must be "adequately addressed" in an environmental impact statement). (4) As a result of the analysis in Sections 8.10.6(e)(1) and (3), above, a development proposal being prepared under a planned action does not require a threshold determination or the preparation of an environmental impact statement, but is su_bject to a full environmental review of its impacts and full requirements for mitigation as identified and specified by the review for the planned action in subsection 8,10.6(e)(3), above. (5) If the environmental review identifies additional impacts not addressed by the planned action, a checklist and threshold determination shall be required. 7. Analysis of Non-Exempt Project and Non-cProject Actions. The procedures and requirements in this Section apply equally to project and non-project actions. Unified Development Code Section 8 . Permit AppHcation and Review ProcedureslSEPA Implementation # Page tit e SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION a. Submittal of Environmental Checklist. (1) A completed environmental checklist shall be submitted with any application for a permit or approval not specifically exempted as per Section 8.10,6(a), above. However, a checklist is not required if the county and applicant agree that an EIS is required, if SEPA compliance has been completed, or if SEPA compliance has been initiated by another agency. The county shall use the checklist to determine lead agency and to make the threshold determination if the county is lead agency, (2) Applicants for private proposals shall complete the checklist, and the county shall provide assistance as appropriate. For county proposals, the department initiating the proposal shall complete the checklist. b. Review of Project Impacts. The responsible official shall review the checklist, other information about a project, and the applicable regulations to review the environmental impacts of the project and make a threshold determination. In making this review the responsible official may determine: (1) All of the project's specific adverse environmental impacts have been adequately identified and analyzed. If not, additional studies and analyses may be required; and (2) Some or all of the specific adverse environmental impacts have been adequately addressed and mitigated in this UDC and other development regulations adopted by Jefferson County, the Comprehensive Plan, or in other applicable local, state, or federal laws and rules by: i. Avoiding or otherwise mitigating the impacts; or ii, The county has designated as acceptable certain levels of service, land-use designations, development standards, or other land-use planning required or allowed by the Growth Management Act (Chapter 36.70A RCW), Where specific adverse environmental impacts have not been adequately mitigated, the responsible official may condition the project with additional mitigation measures or deny the permit. (3) To determine if a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction, the county shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the county shall base or Condition its project approval on compliance with that agency's rules or laws. (4) If the county bases or conditions its SEPA approval of the project wholly or in part on compliance with the requirements or mitigation measures identified in Sections 8.10.7(b)(2)(i) and (ii), during project review the county shall not impose additional mitigation under. SEPA for those impacts so conditioned. (5) Nothing in this Section 8.10.7(b) limits the authority of the county in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by SEPA. c. Threshold Determination. The "threshold determination" is the decision regarding whether there is a reasonable likelihood that the project will have a probable significant adverse environmental impact on an element of the environment. A threshold determination is required for any proposal that meets the definition of an "action" under WAC 197-11-704 and is not categorically exempt, a planned action, or subject to WAC 197-11-600(3), The responsible official shall make and publish the threshold determination for public comment as provided in Section 8.10.9, below: (1) Determination of Significan~e (OS). If a project may have a probable significant adverse environmental impact, a DS shall be issued, and an EIS shall be required. In determining an impact's significance, the responsible official shall take into account the guidance in WAC 197-11- 330 and 197-11-794, including: i. Locational, quantitative, and cumulative effects, severity and likelihood of the effects, and effects on environmentally sensitive or special areas; and LOG LI&MvelopmentCode # ( () Section 8 . Permit Application and Review Procedures/SEPA Implementation Page 5 I:) of...24- 8-29 e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION ii. Shall consider mitigation measures that will be implemented. The responsible official shall not balance whether beneficial aspects of a proposal outweigh its adverse environmental impacts in determining significance, (2) Determination of Non-Significance (DNS). If a project will not have a significant adverse environmental impact, a ONS shall be issued. (3) Request for Early Indication of OS. Pursuant to WAC 197-11-350(2) and (6), submission of an environmental checklist and prior to the responsible official's threshold determination on a proposal, an applicant may ask the responsible official to indicate whether it is considering a OS. If the responsible official indicates a DS is likely, the applicant may clarify or change features of the proposal to mitigate the impacts that led the responsible official to consider a OS likely. The applicant shall revise the environmental checklist as may be necessary to describe the clariftcations or changes. The responsible official shall make its threshold determination based upon the changed or clarified proposal. If a proposal continues to have a probable significant adverse environmental impact, even with mitigation measures, an EIS shall be prepared. The county's indication under this section that a OS apPears likely shall . not be construed as a determination of significance. Likewise, the preliminary discussion of clarifi- cations or changes to a proposal shall not bind the county to a mitigated ONS. d. Mitigated Determination of Non- Significance (MONS). The responsible official may issue a MONS as provided in this Section 8.10.7(d) and in WAC 197-11- 350, based on conditions attached to the proposal by the responsible official or on changes to or clarifications of the proposal made by the applicant. (1) Mitigation measures that justify issuance of a MONS shall be incorporated in the ONS, shall be deemed conditions of approval of the permit decision, and may be enforced in the same manner as any term or condition of the permit. The county may incorporate implementation or enforcement provisions in the MDNS and require performance guarantees, (2) If the tentative county decision on a permit or approval does not include mitigation measures that were incorporated in a MONS, the county shall evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (Le., withdrawal of a ONS). . e. The responsible official shall provide for prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. The county may clarify or change features in their own proposal, and may specify mitigation measures in their ONSs, as a result of comments by other agencies or the public or as a result of additional agency planning (see WAC 197-11-350). 1. Durations of comment periods are . as provided in Section 8,10.9, below. At the end of the comment period the threshold determination becomes final unless retained, modified, or withdrawn, and the appeal period begins. g. Preparation of EIS. (1) Preparation of the draft environmental impact statement (DE IS) and final environmental impact statement (FEIS) and supplemental environ- mental impact statement (SEIS) are the responsibility of the county under the direction of the responsible official. Before the county issues an EIS the. responsible official must be satisfied that it complies with this Section 8.10 and with Chapter 197-11 WAC. When a OS is issued, an opportunity will be provided to comment on the scope of the EIS that will be developed. (2) The DEIS, FEIS or SEIS will be prepared by the county or by a consultant in accordance with county procedures established for consultant selection. If the county requires an EIS for a proposal and the responsible official determines that a consultant will prepare the EIS, the applicant shall be so notified immediately after 8_bOG ITEM # c... Page S' of S'<1 Unified Development Code Section 8 . Pennit Application and Review ProcedureslSEPA Implement~tion e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION (3) completion of determination. The county may require an applicant to conduct specific investigations and to provide information the county does not possess. The applicant is not required to supply information for the purpose of EIS preparation if such information is not required under this Section, the threshold identified adverse environmental impacts of the applicant's proposal, although voluntary additional mitigation may occur; (5) The county has considered whether the requirements of the Jefferson County Comprehensive Plan and development regulations adopted to implement the Plan, as well as other local, state, and federal laws or rules, provide adequate analysis of and mitigation for specific adverse environmental impacts of the project proposal; and (6) Such conditions are based on one or more policies in subsection 8.10.8(c), below. b. The county may deny a permit or approval for non-exempt actions pursuant to WAC 197-11-660, provided that: (1) A finding is made that approving the proposal would be likely to result in significant adverse environmental impacts that are identified in an FE IS or final SEIS prepared pursuant to this Code and Chapter 197-11 WAC; (2) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; (3) The denial is based on one or more policies set forth in Section 8.10,8(c), below, c. The county designates and adopts by reference the following county plans, ordinances and policies as the basis for exercise of county authority pursuant to this Section 8.10: . (1) The county adopts by reference the policies in the following Jefferson County plans and ordinances: i. The Jefferson County Compre- hensive Plan, as now exists or may hereafter be amended; The Jefferson County Shoreline Master Program, as now exists or may hereafter be amended; iii. This Unified Development Code, as now exists or may hereafter be amended; iv, The Jefferson County Building Code Ordinance, No. 01-0713- ii. LOG ITEM # ~ Unified Development Code Page f) :;:;~; . ~ Application and Review ProcedureslSEPA Implementation (4) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is prepared in a responsible manner. The county shall: i. Initiate and coordinate scoping and ensure that the consultant receives all substantive informa- tion submitted through the scoping process; Assist the consultant in obtaining information from applicants; and iii. Direct the content and organiza- tion of the EIS. (5) The responsible official shall maintain procedures for preparation of EISs in accordance with the above. h. The DNS and checklist,or FEIS, for non- exempt proposals shall accompany county staff recommendations to any appropriate decision-making body (e.g., the Hearing Examiner), i. The county shall not take any action on the project permit application until the SEPA appeal period has lapsed, j. Any appeal of the final SEPA determination shall be heard as provided in Section 8.10,12, below, 8. Substantive Authority. a. The county may attach conditions to a permit or approval for non-exempt actions pursuant to WAC 197-11-660, provided that: (1) The conditions are necessary to mitigate specific adverse environ- mental impacts identified in environ- mental documents prepared pursuant to this Code and Chapter 197-11 WAC; (2) Such conditions are in writing; (3) The mitigation measures included in such conditions are reasonable and capable of being accomplished; (4) The responsibility to implement the mitigation measures are imposed only to the extent attributable to the ii. 8-31 e - SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION 98, as now exists or may hereafter be amended; v. The Jefferson County Flood Damage Protection Ordinance, No. 18-1120-95, as now exists or may hereafter be amended; vi. The Jefferson County Stormwater Management Ordinance, No. 10-1104-96, as now exists or may hereafter be amended; vii, The Jefferson County Road, Traffic and Circulation Standards, as they now exist or may hereafter be amended; viii. The Secretary of the Interior's Standards for Rehabilitating Historic Buildings; and ix. All other county plans, ordinances, regulations and guidelines adopted after the effective date of this Unified Development Code. (2) The policies enumerated in RCW 43.21C.020, (3) The county further designates and adopts the following policies as the basis for its exercise of authority pursuant to this Section. The county shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may: i. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; ii. Assure for all people of the State of Washington and Jefferson County a safe, healthful, pro- ductive and aesthetically and culturally pleasing surrounding; iii. Attain the widest range of beneficial uses of the environ- ment without degradation, risk to health or safety, or other undesirable and unintended consequences; iv. Preserve important historic, cultural and natural aspects of our national heritage; LOG ITEM # 8-32 - (~ Page !:;:? _o~ v. Enhance the quality of renewable resources and approach the maximum attain- able recycling of depletable resources; and vi. Achieve a balance between population and resource use, which will permit a high quality of life for all residents of Jefferson County , 9. Public Notice and Comment a. When the responsible official makes a threshold determination and issues a DNS or MONS under WAC 197-11-340(2), the , responsible official shall use the "optional DNS process" pursuant to WAC 197-11-355, Under this process, where the county is the lead agency for a project and the responsible official has a reasonable basis for deter- mining significant adverse environmental impacts are unlikely, it shall use a single integrated fourteen (14) day comment period to obtain comments on the notice of application and the likely threshold deter- mination for the proposal. There will be no second comment period when the DNS or MONS is issued. (1) The notice of application shall contain the information regarding the optional DNS process as set forth in Section 8.3.5(k), above, and shall be noticed as set forth in Section 8.3.7, above. The notice of application and environmental checklist shall be sent to agencies with jurisdiction, the department of ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of the implementation of the proposal, as weJI as anyone requesting a copy of the environmental checklist for the specific proposal. (2) For Type II projects, the threshold determination shall be issued concurrently with the notice of the Administrator's decision on the underlying project, as further set forth in Section 8.4.10(c), above. (3) For Type III projects, the notice of the threshold determination shall be issued concurrently with the notice of public hearing on the underlying project before the Hearing Examiner. (4) If the county indicates on the notice of application that a DNS or MONS is Unified Development Code Section 8 . Permit Application and Review ProcedureslSEPA Implementation e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEOURES/SEPA IMPLEMENTATION likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to WAC 197-11- 355(3) and 197-11-948. (5) Type I projects that are not categorically exempt from SEPA shall be subject to notice of application and comment period provisions of Sections 8.3.1 through 8.3.8, above, as well as the notice requirements of this Section 8.10,9, (6) If a OS is made concurrent with the notice of application, the OS and scoping notice shall be combined with the notice of application; provided, however, that the OSlscoping notice may be issued before the notice of application. (RCW 36.708.110.) If sufficient information is not available to make a threshold determination when the notice of application is issued; the OS may be issued later in the review process. WAC 197-11-310(6). If the responsible official issues a OS under WAC 197-11-360(3), the responsible official shall state the scoping procedure for the proposal in the OS, as required by WAC 197-11-408; by publishing notice in the official county newspaper. b. If the county issues a OEIS under WAC 197- 11-455(5), FEIS under WAC 197-11-560, or SEIS under WAC 197-11-620, notice of availability of the documents shall be given by publishing notice in the official county newspaper; by notifying groups which have expressed interest in a certain proposal being considered; by notifying the news media; by sending notice to agency mailing lists; and by other means deemed appropriate by the responsible official. c. The applicant shall be responsible for all costs of the public notice requirements under this Section 8.10, d, Comment periods begin with the publication of notice as provided in this Section 8,10.9. Comments must be received within: (1) Fourteen (14) calendar days for a ONS or MONS; (2) Twenty-one (21) calendar days for a OS and Scoping Notice. Pursuant to WAC 197-11-408(2)(a)(iii), the date of issuance for purposes of computing this comment period shall be the date the OS is sent to the department of ecology and other agencies with jurisdiction and is made publicly available; and (3) Thirty (30) calendar days for a OEIS. e. The responsible official shall consider timely comments on the notice of application and either issue a ONS or MONS with no comment period using the procedures set forth in Sections 8.4 and 8.10; issue a OS; or require additional information or studies prior to making a threshold determination. A copy of the ONS or mitigated ONS shall be sent to agencies with jurisdiction, the department of ecology, those who commented, and anyone requesting a copy, A copy of the environmental checklist need not be recirculated. f. A ONS or MONS becomes final at the end of the comment period unless the determination is modified or withdrawn by the responsible official. (1) When a OS is withdrawn and a ONS issued, a new notice must be published as provided in Section 8.10.9, and a fourteen (14) calendar day comment period provided on the new threshold determination. (2) When a ONS is withdrawn and a OS issued, a new notice must be published as provided in Section 8.10.9, and a twenty-one (21) calendar day comment period provided on the new threshold determination and scoping notice. (3) If modified, the threshold determination becomes final upon publication of notice as provided in Section 8,10.9 by the responsible official. A new appeal period shall then commence. g. Notice for public hearings shall be given consistent with Sections 8.10.9 and 8.3.9 of this Code, and may be combined with other notice(s). 10. Public Hearings and Meetings. a. If a public hearing on the proposal is held under some other requirement of law, the hearing shall be open to consideration of the environmental impact of the proposal, together with any environmental document that is available, This does not require extension of the comment periods for environmental documents. . b. In all other cases a public hearing on the environmental impact of a proposal shall be # Page LOG ITEM Se Unified Development Code . J<>"t:8~ Q . awnit Application and Review ProcedureslSEPA Implementation S-<.{- _ o '-s '7__ . 8-33 e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION held whenever one (1) or more of the following situations occur: (1) The county determines that a public hearing would assist it in meeting its responsibility to implement the purposes and policies of SEPA and its implementing rules; (2) When fifty (50) or more persons who reside within the county, or who would be adversely affected by the environmental impact of the proposal, make written request to the lead agency within thirty (30) calenda.r days of issuance of the DEIS; or (3) When two (2) or more agencies .with jurisdiction over a proposal make written request to the lead agency within thirty (30) calendar days of the issuance of the DEIS. c. Whenever a public hearing is held under Section 8.10.10(b), above, it shall occur no earlier than fifteen (15) calendar days from the date the DEIS is issued, and not later than fifty (50) calendar days from its issuance, Notice shall be given as set forth in Section 8.10.9(f), above. d. Whenever a public hearing is held under Section 8.10.10(b), above, itshall be open to discussion of all environmental documents and any written comments that have been received by the county prior to the hearing, A copy of the environmental document shall be available at the public hearing. e. . Comments at public hearings should be as specific as possible (see WAC 197-11-550). f. The county may hold informal public meetings or workshops. Such gatherings may be more flexible than public hearings and are not subject to the above notice and similar requirements for public hearings. g. Public meetings held under RCW 36.708 may be used to meet SEPA public hearing requirements so long as the requirements of this Section 8,10.10 are met. A public hearing under this Section 8,10.10 need not be an open-record hearing as defined in RCW 36.708.020(3). 11, Environmentally Sensitive Areas, a. Actions identified as categorically exempt from SEPA under Section 8,10,6(a), above, shall remain exempt under SEPA even when located in one (1) or more of the ESAs classified, designated and mapped under Section 3.6.4 of this Code. A threshold determination shall not be required for 8-34 LOG ITEM # Cc;> Page S-S- of Sf") actions identified as categorically exempt. b. Actions located in one (1) or more ESAs that are categorically exempt from review under this Section, and which require issuance of a permit or approval under this Code or any other applicable county ordinance or regulation, shall be reviewed, and as necessary, conditioned or denied to assure consistency with the protection standards contained in Section 3.6.4 of this Code. 12. Appeals. a. Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations on Type I permit decisions may not be appealed administratively to the Hearing Examiner. b. Appeal of a Threshold Determination for Type II Permits - Open Record Hearing. The decision of the responsible official on Type II permits making a threshold determination of a DNS or MONS, approving a proposal subject to conditions, or denying a proposal under SEPA's substantive authority may be appealed to the Hearing Examiner pursuant to Section 8.4.3 for an open record appeal hearing, Any such appeal must be filed within the time limits of 8.5(b)(2), and must be consolidated with any appeal on the underlying Type II permit decision. Any requests for reconsideration shall be govemed by Section 8.4,8, c. Appeal of a Threshold Determination for Type III Permits - Open Record Hearing. The decision of the responsible official on Type III permits making a threshold determination of a DNS, approving a proposal subject to conditions, or denying a project under SEPA's substantive authority may be appealed to the Hearing Examiner pursuant to Section 8.4.3, above. The open record public hearing on the SERA appeal shall be before the Hearing Examiner, who shall consider the appeal together with the decision on the project application in a single, consolidated hearing as further set forth in Section 8.4, The Hearing Examiner's decision on the SEPA decision may be appealed to the Appellate Hearing Examiner pursuant to Section 804.4, above, for a closed record hearing as further set forth in Section 8.4. (See RCW 36.708,060(6).) Any requests for reconsideration shall beigovemed by Section 8.4,8; any remands shall be governed by Section 8.4,9. d. Appeals of Threshold Determinations for Type .v Actions. Threshold determinations Unified Development Code Section 8 . Permit Application and Review ProcedureslSEPA Implementation .. e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEOUREslSEPA IMPLEMENTATION of the responsible official on Type V decisions (other than a OS) may be appealed using the same procedures applicable to Type III permit appeals. e. Limitations on Appeals for All Types of Permits. When a threshold detennination results in a OS it shall not be appealable. In addition, issues relating to the adequacy of the EIS and other procedural issues may not be appealed under this Section. f. Who May Appeal. An applicant or other party of record, as defined in Section 2 of this UDC, may file a SEPA appeal as provided in this Section. g. Time to Appeal Administrative Decisions. A written statement appealing the threshold determination must be filed within fourteen (14) calendar days after the notice of decision is issued. When the last calendar day (as defined in Section 2 of this Code) of the appeal period is a Saturday, Sunday or legal holiday, the appeal period shall run to the next business day. h. Form of Appeal. A person or group appealing the decision of the responsible official shall submit a written appeal in the form and manner set forth in Section 8.5.1(e), above. Notice of all appeals shall be mailed to all parties of record not less than ten (10) calendar days prior to the date of the public hearing to consider the appeal. i. Scope of Review. The Hearing Examiner shan affirm, modify or reverse the responsible official's decision, and shall enter findings and/or conclusions into the record to support the deCision, In making the decision, the Hearing Examiner shall give deference to and afford substantial weight to the decision of the responsible official. Review shall be on a de novo basis. j. Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for appealing the underlying permit decision, appeals under this Section 8.10 shall be commenced within such time period. The county shall give official notice stating the date and place for commencing an appeal. For all decisions covered by the land Use Petition A~, Chapter 36.70C RCW. this time period shall be twenty-one (21) calendar days from the issuance of the land use decision, as defined by RCW 36.70C.040(4) and Section 8.5, above. (1) Optional limitation Period. If there is not time period for appealing the underlying government action, the county, applicant for or proponent of an action may use a notice of action pursuant to RCW 43.21C,075 and RCW 43.21C.080. The notice shall describe the action and state a time limitations for commencing a cI1allenge to that action, in a form substantially similar to that provided in WAC 197- 11-990. The notice shall be published by the department, applicant or' proponent pUrsuant to RCW 43.21 C.08O, and any action to set aside, enjoin, review or otheJWise chanenge any such governmental action . ShaH be commenced within twenty-one (21) days hom the date of the last newspaper publication of the notice of action, as further set forth in RCW 43.21C.080. (2) Exemption. This Section does not apply to decisions made pursuant to Chapter 90.58 RCW, the Shoreline Management Act. Appeals of SEPA mitigation measures pertaining to projects subject to Chapter ~.58 RCW shall be made to the shoreline hearings board along with the. appeal of the county's shoreline decision, as further set forth in Chapter 90.58 RCW. In addition, as an altemative dispute resolution process, any SEPA appeal, whether involving a shoreline issue or not, may be made to the shoreline hearings board upon the consent of the parties to the action, as further set forth in RCW 43.21 C.075(7). k. Violations and Penalties. The Administrator is authorized to enforce the provisions of this Section 8.10 whenever he or she determines that a condition exists in violation of this Section or pennlt issued hereunder. All violations of any provisions of this Section 8.10, incorporated standard or permit issued pursuant to this Section 8,10 are made subject to the provisions of Section 10 of this Code, which provides for voluntary correction, notice and orders to correct the violation, stop work and emergency orders, and assessment of civil penalties. I. Public Nuisance. All violations of this Section 8.10 are determined to be detrimental to the public health, safety and welfare and are public nuisances, and may corrected by any reasonable and lawful # Page L JjPJIj.e.d pevelopment Code OG , f~ . Permit Application and Review ProcedureslSEPA Implementation <'- ~ of S"? 8-35 e e SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION means, as further set forth in Section 10 of this Code. m. Alternative Remedies. As an altemative to any other judicial or administrative remedy provided in this Section 8.10 or by law or ordinance, any person who willfully or knowingly violates or fails to comply with any stop work order or emergency order issued pursuant to Section 10 of this Code is guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 10.11 of this Code. Each day such violation or failure to comply continues shall be considered an additional misdemeanor offense. 8.11 Development Agreements 1. Purpose. This Section establishes the mechanism under which Jefferson County may enter into development agreements as authorized by RCW 36.70B.170. A decision to enter into a development agreement shall be made on a case-by-case basis. A development agreement may be appropriate for large, complex or phased projects, or projects which were not contemplated by existing development regulations or existing application procedures. Development Agreements shall be required with Master Planned Resorts, 2. Development Agreements General Requirements. a. Discretion to Enter Development Agreement. A development agreement is an optional device that may be used at the sole discretion of the County, except a development agreement shall be required for applications for Master Planned Resorts in accordance with Section 3.4.3.b of the UDC and major industrial developments in accordance with Sections 3.8.2 of the UDC, b. Who May Enter. The property owner(s) and the CountY shall be parties to a.development agreement, provided that if a proposed development is within an adopted municipal UGA, the applicable town or city shall also be a party to the agreement. The following may be considered for inclusion as additional parties in a development agreement: contract purchasers, lenders, third-party beneficiaries and utility service providers, c. Content of Development Agreements. A development agreement shall be prepared by the applicant and shall set forth the development standards and other conditions that shall apply to and govem the development, use and mitigation of the property subject to the agreement. d. When Development Agreements May Be Approved. A development agreement may be entered into prior to, concurrent with or Ir-QG ITEM # ~ Page ~0 of5'l following approval of project permits for development of the property, e. Consistency with Unified Development Code. The development standards and conditions set forth in a development agreement shall be consistent with the applicable development regulations set forth in the Unified Development Code, except in the case of a Master Planned Resort (which requires a Site-Specific Comprehensive Plan Amendment), where adopted standards may be modified by the development standards contained in the agreement, so long as all project impacts have been adequately mitigated. However, the minimum requirements related to the protection of environmentally sensitive areas in Section 3.6.4 et seq, may not be varied by adoption of any development agreement. 3. Development Standards to be Addressed In Development Agreements, a. A development agreement shall include, but need not be limited to, one or more of any of the following types of development controls and conditions: (1) Project elements such as permitted uses, residential and non-residential densities, scale and intensity of uses and/or building sizes; (2) Mitigation measures, development conditions and other requirements pursuant to environmental review under RCW 4321; (3) Design standards such as maximum heights, setbacks, drainage and water quality requirements, screening and landscaping and other development features; (4) Roads, water, sewer, storm drainage and other infrastructure requirements; (5) Affordable housing; (6) Recreational uses and open space preservation; (7) Phasing; (8) Development review procedures, processes, and standards for implementing decisions, including methods of reimbursement to the county for review processes; . (9) Other appropriate development requirements or procedures. b, A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. Project applicants and govemmental entities may include provisions and agreements whereby Unified Development Code Section 8 . Permit Application and Review ProcedureslSEPA Implementation Amended by Ordinance No. 02-0311-02