Article II Project Permit Applications (Type I – IV)

Purpose. Preapplication conferences provide a prospective applicant and the county the opportunity to determine if and how the regulations (e.g., critical areas and SEPA) may apply, an opportunity to acquaint the applicant with the requirements of the Jefferson County Unified Development Code, and to discuss, if applicable, how the applicant may modify the scope and design of the project to reduce or avoid restrictions which may be imposed by the county.

When Required. Preapplication conferences are optional. However, preapplication conferences are encouraged for all Type II, Type III, Type IV and Type V project applications and Type I project applications proposing impervious surfaces of 10,000 square feet or more and/or non-single-family structures of 5,000 square feet or more. Additionally, preapplication conferences are encouraged for industrial, commercial, and critical area stewardship plan applications.

Scheduling and Conceptual Design Review. The conference should be held within 21 calendar days of the request and payment of the fee set forth in the most recently adopted DCD fee schedule. The preapplication conference for a new personal wireless facility shall be scheduled at such time the applicant demonstrates that the required notice in JCC § 18.42.070(2) was mailed to all other wireless providers licensed to provide services within Jefferson County. Upon payment of the fee, the applicant shall submit to DCD a preliminary sketch or conceptual design that illustrates the applicant's generalized ideas of the proposal. This should include approximate lot lines, general topography of the site, suggested vehicle access to the site, and provision of utilities. Final drawings are discouraged at this preapplication stage. Additionally, the applicant shall identify all land uses on adjacent properties and all platted and opened roads serving the site.

Information Provided to Applicant. At the conference, the administrator shall provide the applicant with:

A list of the requirements for a completed application;

A general summary of the procedures to be used to process the application;

The references to the relevant code provisions or development standards that may apply to the approval of the application; and

A list of any applicable hourly review fees that may be charged by one or more county agencies upon the filing of a project permit application with the county.

§ 18.40.100 Development permit application.

Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county's future application or enforcement of all applicable laws and regulations. No statements or assurances made by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of county, state and federal codes, laws, regulations and land use plans.

(Ord. 3-13 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 11-24 (Att. A))

Information Required for All Applications. Applications for project permit decisions shall be submitted upon forms provided by the administrator. A project permit application is complete when it meets the submission requirements of this section. An application shall consist of all materials required by the relevant section of this code or other applicable county ordinance or regulation, and shall also include the following general information:

A completed site development review (SDR) under Article VII of this chapter.

A completed project permit application form, including a SEPA checklist unless categorically exempt from SEPA;

A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the written consent of all owners of the affected property, and proof of ownership of the property;

Identification of a single contact person or entity to receive determinations and notices required by this code;

(e)

A legal description of the site, including the Jefferson County assessor's parcel number;

(f)

Payment of the applicable fee as set forth in the most recently adopted DCD fee schedule;

(g)

For each development or proposed use necessitating potable water, evidence of available and adequate water supply and, if applicable, compliance with the requirements established by the Jefferson County department of health for the provision of water; evidence may be in the form of a water right permit from the Department of Ecology, or another form sufficient to verify the existence of an adequate water supply;

(h)

Evidence of septic approval, a valid pending septic application, or sewer availability and, if applicable, compliance with the requirements established by the Jefferson County department of health for wastewater disposal;

Site Plan Requirements for Permits. The following shall be depicted either in required narrative above and/or on the site plan detailing the following (as applicable unless waived by the administrator):

Compass direction and graphic scale;

(ii)

Parcel boundaries and dimensions;

(iii)

Location of existing and proposed roads and access points;

(iv)

Driveways and parking areas;

(v)

Easement and rights-of-way located on the property within the proposed developed/use area;

(vi)

The location of septic, wells, and water lines within the developed areas;

(vii)

The general description of the topography of the entire site (including slope direction and five-foot contours);

(viii)

The location of existing and proposed structures including setbacks;

(ix)

All proposed or existing uses;

(x)

The location of existing and proposed landscaping if required for development/use;

(xi)

The areas to be graded and cleared (including source and volumes if over 500 cubic yards);

(xii)

The location of significant geographic features (including slopes exceeding 40 percent slope) on the site and immediately adjoining properties;

(xiii)

Location and type of water bodies, drainage ways, or wetlands;

(xiv)

Location and type of shorelines and critical areas;

(xv)

Shoreline and critical area buffers where trees/vegetation shall be retained, and if applicable, associated special reports; and

(xvi)

Preliminary drainage plan including measures to address stormwater management for development and land disturbing activity;

(j)

Identification of other local, state and federal permits required for the proposal, to the extent known by the applicant;

(k)

All permit applications shall include the information specified in the chapter of the County Code pertaining to the specific type of development permit being applied for. In addition to this chapter, where applicable, with the following chapters in the Unified Development Code:

18.15	Land Use Districts
18.18	Irondale and Port Hadlock UGA Development Regulation Implementation
18.19	Transitional Rural Development Standards of the Irondale and Port Hadlock Urban Growth Area
18.20	Performance and Use-Specific Standards
18.22	Critical Areas
18.25	Shoreline Master Program
18.30	Development Standards
18.35	Land Divisions

The county may require such additional information as reasonably necessary to fulfill and properly evaluate the proposal;

(l)

At every stage of the permit application process, the burden of demonstrating that any proposed development is consistent with this chapter and other applicable, adopted regulations is upon the applicant.

Commercial, Industrial, Multifamily and Small-Scale Recreational and Tourist Uses – Additional Application Requirements. In addition to the general information required under subsection (1) of this section, development or proposed uses involving commercial, industrial, multifamily, and small-scale recreational and tourist uses listed in Table 3-1 in JCC § 18.15.040 shall include a site plan prepared by a civil engineer, architect or landscape architect licensed in the state of Washington that includes or graphically depicts the following information:

A site plan prepared by a licensed civil engineer, architect, or landscape architect unless waived by the administrator (i.e., for low-intensity small-scale recreation and tourist uses);

Engineered drainage plan;

Parking plan (including ADA requirements);

Lighting plan;

Landscaping plan;

Signage plan;

Fire protection requirements (water lines, hydrants, fire suppression systems, uses within structure, etc);

(h)

Compliance with DCD land use authorization requirements if not a "yes" use per Table 3-1; and

Other requirements required by DCD for the review of the proposal.

Additional Application Requirements. In addition to the information required under subsections (1) and (2) of this section, the administrator may require additional information or studies in order for the application to be considered complete. Such information may include, but is not necessarily limited to, the following:

A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases;

Enumeration of the number of persons that will reside in a dwelling(s);

Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the subdivision (i.e., either short or long) laws in effect at the time of creation, or identifying whether the lots were created prior to the advent of Chapter 58.16 RCW in 1937 (now codified in Chapter 58.17 RCW);

A recorded survey of the subject property in order to verify property boundaries and setback measurements;

(e)

Special reports pursuant to Chapter 18.22 JCC, Article IX or as required by the administrator.

Application Requirements in Other Applicable Regulations. Applications for the following land use permits must satisfy JCC § 18.40.100(1), (2) and, if required, (3), and the following provisions of this Unified Development Code and applicable county ordinances and regulations:

Building permits under the Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance;

On-site septic systems pursuant to Chapter 8.15 JCC;

Critical areas variance under JCC § 18.22.250;

Reasonable economic use exception permits under JCC § 18.22.260;

(e)

Planned rural residential developments (PRRDs) under Article VI-M of Chapter 18.15 JCC;

(f)

Cottage industries under JCC § 18.20.170;

(g)

Home businesses under JCC § 18.20.200;

(h)

Temporary outdoor use permits under JCC § 18.20.380;

Stormwater management permits under JCC § 18.30.070;

(j)

Sign permits under JCC § 18.30.150;

(k)

Boundary line adjustments under Article II of Chapter 18.35 JCC;

(l)

Short plats under Article III of Chapter 18.35 JCC;

(m)

Long plats under Article IV of Chapter 18.35 JCC;

(n)

Binding site plans under Article V of Chapter 18.35 JCC;

(o)

Written exemptions, shoreline substantial development permits for primary and secondary uses, and shoreline conditional use and variance permits under the Jefferson County Shoreline Master Program;

(p)

Wireless telecommunications permits under JCC § 18.20.130 and Chapter 18.42 JCC; and

(q)

Plat alterations under Article VII of Chapter 18.35 JCC;

(r)

Unit lot subdivisions under Article IX of Chapter 18.35 JCC.

All application requirements identified in other code sections that supplement or supersede the requirements of this chapter shall be met before an application is deemed complete.

§ 18.40.110 Determination of complete application – Additional information and project revision.

Waivers. The administrator may waive any specific submittal requirements determined to be unnecessary for review of any application. In such event, the administrator shall document the waiver in the project file or project log.

(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 11-24 (Att. A))

Determination of Completeness. Within 28 calendar days after receiving a project permit application the administrator shall mail a determination to the applicant that states either that:

The application is complete; or

The application is incomplete and information necessary to make the application complete.

Identification of Other Agencies With Jurisdiction. To the extent known by the county, other agencies with jurisdiction over the project permit application shall be identified in the county's determination of completeness.

Incomplete Application Procedure.

Application Fee. The applicant shall have 28 days from the invoice date to remit the required fee to DCD. If applicable fee is not received by the twenty-ninth day, the application shall be considered abandoned.

If the applicant receives a determination that the application is incomplete or that additional information is required, the applicant shall have 90 calendar days to submit the necessary information to the administrator. Within 14 calendar days after the applicant has submitted the additional information, the administrator shall again make the determination described in subsection (2) of this section.

Additional Information Request.

The applicant shall have 90 calendar days to submit the necessary information from the date of written notification. If the applicant refuses to submit additional information, or does not request additional time to submit the required information within the 90-calendar-day period, a second request shall be issued for an additional 60 calendar days.

DCD shall invite the applicant to a meeting in an attempt to resolve outstanding issues during the review process. The meeting should be scheduled within 14 days of a second additional information request. If the meeting cannot resolve the issues and DCD proceeds with a third request for additional information or corrections, then DCD must approve or deny the application upon receiving the additional information or corrections.

If an applicant is not responsive for more than 30 consecutive calendar days after the third written request was sent, the application shall be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. For the purposes of this subsection, "nonresponsiveness" means that the applicant is not making demonstrable progress on providing additional requested information to the county, or that there is no ongoing communication from the applicant to the county on the applicant's ability or willingness to provide the additional information.

DCD shall not be responsible for notifying the applicant of an impending expiration.

County's Failure to Provide a Determination of Completeness. A project permit application shall be deemed complete under this section if the administrator does not provide a written determination to the applicant that the application is incomplete as provided in subsection (1) of this section. Notwithstanding a failure to provide a determination of completeness, the administrator may request additional information as provided in subsection (6) of this section.

(6)

Date of Acceptance of Application. A project permit application is complete for purposes of this section when it meets the submission requirements in JCC § 18.40.100, as well as any additional submission requirements contained in other applicable provisions of this code. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken after submittal. When the project permit application is determined to be complete, the administrator shall accept it and note the date of acceptance in the project file. Upon providing a determination of completeness, the administrator shall assign the project to a project planner.

(7)

Additional Information. The administrator's determination of completeness shall not preclude the administrator from requiring additional information, that the applicant correct plans or perform studies at any time if new information is required for project review, or if there are substantial changes in the proposed action.

Any period during which the administrator has requested the applicant to correct plans, perform required studies, or provide additional information shall be excluded from the required processing time period or other applicable time period set forth in JCC § 18.40.300.

The time period for requiring additional information shall be calculated from the date the administrator notifies the applicant of the need for additional information until the earlier of:

The date the administrator determines whether the information satisfies the request for information; or

(ii)

Fourteen calendar days after the date the information has been provided to the administrator.

(8)

Effect of Project Permit Application Revisions – Substantial Revisions. If, in the judgment of the administrator, the content of an application is so substantially revised by an applicant, either voluntarily or to conform to applicable standards and requirements, that such revised proposal constitutes a substantially different proposal than that originally submitted, the administrator shall deem the revised proposal to be a new application.

In reaching a decision whether a revision is substantial, the administrator shall consider the relative (to the application in its initial form) and absolute magnitude of the revision, the environmental sensitivity of the site, any changes in location of significant elements of the project and their relation to public facilities, surrounding lands and land uses and the stage of review of the proposal.

Lesser revisions that would not constitute substantial revisions during early stages of review may be substantial during later stages due to the reduced time and opportunity remaining for interested parties to review and comment upon such changes.

Written notice of such determination of substantial revision shall be provided to the applicant and all parties of record, including the reasons for the administrator's decision.

§ 18.40.120 Referral and review of development permit applications.

A determination that any revision is substantial shall result in the time periods mandated by this chapter starting from the date at which the revised project application is determined to be complete. The revised project application shall be subject to all laws, regulations and standards in effect on the date of the determination of completeness of the substantial revision.

(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 11-23 § 8 (Att. A); Ord. 11-24 (Att. A))

Upon acceptance of a complete application, the administrator shall do the following:

Transmit a copy of the application, or appropriate parts of the application, to each affected agency and county department for review and comment, including those agencies responsible for determining compliance with state and federal requirements. The affected agencies and county departments shall have 14 calendar days to comment. Affected agencies and county departments are presumed not to have comments if not submitted within the 14-calendar-day period; provided, that the administrator may grant an extension of time if needed. Additionally, in the event that the state agency or agencies involved communicate verbally or in writing intention to waive the opportunity to submit comments, the corresponding state agency comment period shall terminate and be so noted in the case file.

Applications for developments and planned actions subject to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall be reviewed in accordance with the policies and procedures contained in Article X of this chapter. SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:

Projects categorically exempt from SEPA; and

Components of planned actions previously reviewed and approved in the Jefferson County Comprehensive Plan or amendments thereto to the extent permitted by law and consistent with the SEPA determination for the planned action.

If a Type II or III procedure is required, DCD shall provide for notice and/or hearing as set forth in Article III of this chapter.

(Ord. 8-06 § 1; Ord. 11-24 (Att. A))

§ 18.40.130 Scope of project review.

Fundamental land use planning choices made in the Jefferson County Comprehensive Plan, subarea plans, this Unified Development Code and any other applicable development regulations shall serve as the foundation for project review. The review of a proposed project's consistency with this Unified Development Code under JCC § 18.40.140, other applicable development regulations, or in the absence of applicable regulations, the adopted Jefferson County Comprehensive Plan or subarea plan(s), shall incorporate the data collected under this section.

During project review, the administrator or any subsequent reviewing body (e.g., the hearing examiner) shall determine whether the items listed in this subsection are defined in this Unified Development Code or any other applicable development regulations applicable to the proposed project or, in the absence of applicable regulations, the adopted Jefferson County Comprehensive Plan or subarea plan(s). At a minimum, such regulations or plans shall be determinative of the:

Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned rural residential developments and conditional uses, if the criteria for their approval have been satisfied;

Density of residential development; and

Availability and adequacy of public facilities identified in the Jefferson County Comprehensive Plan, if the plan provides funding of these facilities.

During project review, the administrator shall not re-examine alternatives to or hear appeals on the items identified in subsection (2) of this section.

The administrator may determine that the requirements for environmental analysis and mitigation measures in this Unified Development Code and other applicable regulations provide adequate mitigation for some or all of the project's specific probable significant adverse environmental impacts to which the requirements apply. In making this determination the administrator shall:

Determine if the applicable regulations require measures that are sufficient to adequately address site-specific, probable significant adverse environmental impacts identified through project application review; and

Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures.

Nothing in this section shall be construed as limiting the authority of the county to approve, condition, or deny a project as provided in this Unified Development Code or any other development regulations adopted under the authority of Chapters 36.70A and/or 43.21C RCW, including project review under Articles VI-D through VI-I of Chapter 18.15 JCC, and Article X of this chapter.

(Ord. 8-06 § 1; Ord. 11-24 (Att. A))

§ 18.40.140 Project consistency.

A proposed project's consistency with this Unified Development Code or other development regulations adopted under Chapter 36.70A RCW or, in the absence of applicable development regulations, the appropriate elements of the Jefferson County Comprehensive Plan or subarea plan adopted under Chapter 36.70A RCW shall be determined by consideration of:

The type of land use;

The level of development such as units per acre or other measures of density;

Infrastructure, including public facilities and services needed to serve the development; and

The character of the development.

In determining consistency, the determinations made pursuant to JCC § 18.40.130 shall be controlling.

For purposes of this section, the term "consistency" shall include all terms used in this chapter and Chapter 36.70A RCW to refer to performance in accordance with this chapter and Chapter 36.70A RCW, including, but not limited to, compliance, conformity, and consistency.

Nothing in this section requires documentation, dictates procedures for considering consistency, or limits the administrator from asking more specific or related questions with respect to any of the four main categories listed in subsections (1)(a) through (1)(d) of this section.