(1) 
The administrator may approve, approve with conditions, or deny (with or without prejudice) all Type I permit applications which are categorically exempt from SEPA without notice (see Tables 8-1 and 8-2 in JCC § 18.40.040 and § 18.40.080(2)). Expedited review process is available for Type I permit applications if the projects are categorically exempt under SEPA and are consistent with adopted development regulations. Type I permit applications that are not subject to public notice and are submitted as complete applications may take priority over other projects.
(2) 
Type I projects that are not categorically exempt under SEPA shall be subject to the notice of application and comment period provisions of JCC § 18.40.150 through § 18.40.220, and the SEPA notice requirements of Article X of this chapter. The administrator's decision under this section shall be final on the date issued, and may not be appealed to the hearing examiner.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
The administrator may approve, grant preliminary approval, approve with conditions, or deny (with or without prejudice) all Type II permit applications, subject to the notice and appeal requirements of this article and Article III of this chapter. The administrator shall issue written findings and conclusions supporting all Type II decisions.
(2) 
Type II administrative decisions shall become final subject to the following: an applicant or party of record may appeal the decision to the hearing examiner for an open record hearing, as further set forth in Article V of this chapter.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
The hearing examiner shall review and make findings, conclusions and a decision on all Type III permit applications and appeals listed under subsection (3)(b) of this section.
(2) 
For Type III actions, the administrator shall prepare a staff report on the proposed development or action summarizing and considering timely public comments, summarizing and considering recommendations of county departments and affected agencies or special districts, and evaluating the development's consistency with this Unified Development Code, adopted plans, and regulations. The staff report shall include proposed findings, conclusions, and recommendations for disposition of the development application.
(3) 
Upon receiving a recommendation from the administrator or notice of any other matter requiring the hearing examiner's attention (e.g., an appeal of a Type II administrative decision), the hearing examiner shall perform the following actions as appropriate:
(a) 
Hold an open record hearing on a Type III permit application and make a decision after reviewing the recommendation of the administrator; or
(b) 
Hold an open record appeal hearing and make a decision on the following matters:
(i) 
Appeals of Type II administrative decisions;
(ii) 
Appeals of administrative interpretations made under Article VI of this chapter;
(iii) 
Appeals of SEPA threshold determinations made pursuant to Article X of this chapter (other than determinations of significance); and
(iv) 
Other matters not prohibited by law.
(4) 
The hearing examiner shall conduct a public hearing on all Type III development proposals and appeals listed under subsection (3)(b) of this section. Notice of the hearing examiner hearing shall be in accordance with JCC § 18.40.230.
(5) 
Repealed by Ord. 12-19.
(6) 
In the hearing examiner's decision regarding Type III actions and appeals of Type II administrative decisions, the hearing examiner shall make written findings and conclusions.
(Ord. 8-06 § 1; Ord. 12-19 § 4 (Appx. C); Ord. 11-24 (Att. A))
(1) 
Finality. All administrative interpretations made pursuant to Article VI of this chapter and Type II and III project permit decisions under this code shall be final unless appealed pursuant to Article V of this chapter.
(2) 
Finding and Conclusions. Each final decision of the hearing examiner and, in the case of certain Type V decisions, as more fully set forth in Chapter 18.45 JCC, the board of county commissioners shall be in writing and shall include findings and conclusions based on the record.
(3) 
Notice of Final Decision.
(a) 
Except for those permits exempted under JCC § 18.40.080, upon issuance of the final decision, the administrator shall provide a notice of decision that includes a statement of all determinations made under SEPA and the procedures for administrative appeal, if any, of the permit decision. The notice of decision may be a copy of the report or decision on the project permit application. It shall also state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation fully set forth in RCW 36.70B.130. The administrator shall post a copy of the decision on the county online permit system, DCD website, and provide the notice of decision to the county assessor's office.
(b) 
A copy of the notice of decision shall be mailed, emailed, or hand delivered to the applicant, any person who, prior to the rendering of the decision, requested notice of the decision, and to all persons who submitted substantive written comments on the application. The notice of decision shall be provided to the Jefferson County assessor.
(4) 
Timing of Notice of Final Decision. In order to meet the following time periods outlined in Chapter 36.70B RCW, as amended, applicants are required to submit more detailed and thorough applications, obtain discretionary approvals for their projects, and have received approvals from other department or agencies besides DCD. The permit applications as classified in Table 8-1 should be processed within the following time periods after the applicant files a complete application, subject to JCC § 18.40.100:
(a) 
Type I permits not listed in JCC § 18.40.080(1) should be processed and a notice of decision issued within 65 calendar days.
(b) 
All Type II permits should be processed and a notice of decision or preliminary approval issued within 100 calendar days.
(c) 
All Type III permits should be processed and a notice of decision or preliminary approval issued within 170 calendar days.
(d) 
The above time deadlines may be amended if:
(i) 
Certain days are excluded from the time calculation pursuant to subsection (5) of this section;
(ii) 
The application involves a shoreline permit application for limited utility extensions (RCW 90.58.140(13)(b)) or construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion. In those cases, the decision to grant or deny the permit shall be issued within 21 calendar days of the last day of the comment period specified in JCC § 18.40.220(2);
(iii) 
The application involves a final short plat application under Article III of Chapter 18.35 JCC, or a final long plat application under Article IV of Chapter 18.35 JCC. In such cases, the application shall be approved, disapproved or returned to the applicant within 30 days from the date of the determination of completeness;
(iv) 
The administrator makes written findings that a specific amount of additional time is needed to process the project permit or application, consistent with JCC § 18.40.310 (Expiration of applications); or
(v) 
The applicant and DCD mutually agree to an extension of time deadlines in writing.
(5) 
Calculation of Time Periods for Issuance of Notice of Final Decision. In determining the number of calendar days that have elapsed since the determination of completeness, the following periods shall be excluded:
(a) 
Any period during which the applicant has been requested by the county to correct plans, perform studies, or provide additional information. The period shall be calculated as set forth in JCC § 18.40.110(6)(b).
(b) 
If substantial project revisions are made or requested by an applicant, the calendar days shall be calculated from the time the county determines the revised application is complete and issues a new determination of completeness.
(c) 
All time required for the preparation of an environmental impact statement (EIS) following a determination of significance (DS) pursuant to Chapter 43.21C RCW.
(d) 
Any period for open record appeals of project permits under JCC § 18.40.330.
(e) 
Any extension of time mutually agreed upon by the county and the applicant.
(f) 
Any time required for the preparation of an administrator's code interpretation pursuant to Article VI of this chapter.
(g) 
Any time required for the hearing examiner to enter findings of fact and conclusions of law, and issue a decision after the public hearing is closed.
(6) 
The time limits established in this chapter do not apply if a project permit application:
(a) 
Requires an amendment of the Jefferson County Comprehensive Plan or this Unified Development Code; or
(b) 
Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200.
(7) 
Effective Date. The final decision of the administrator, hearing examiner, or board of county commissioners shall be effective on the date stated in the decision, motion, resolution or ordinance; provided, however, that the appeal periods shall be calculated from the date of the decision, as further provided in JCC § 18.40.330 and § 18.40.340.
(Formerly 18.40.320; Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 12-19 § 4 (Appx. C); Ord. 11-24 (Att. A))
(1) 
A land use application shall be null and void if the applicant fails to submit the requested additional information under JCC § 18.40.110, within 180 calendar days from the department's request or within a time period as specified by the hearing examiner. Land use applications expired under this section shall forfeit all application fees.
(2) 
The administrator may grant one or more 180-day extension(s) of time for land use application(s) that:
(a) 
Have made substantial progress in obtaining required approvals and have minor approvals remaining;
(b) 
Have submitted written proof demonstrating a path for obtaining all remaining approvals within the 180-day extension; or
(c) 
Demonstrate other written justifiable cause to the administrator.
(3) 
The administrator may review a land use application(s) and make any necessary corrections to the application(s) expiration date caused by inaccurate and/or missed data entries. Documentation of such corrections shall be made part of the file's written record.
(Ord. 12-19 § 4 (Appx. C); Ord. 11-24 (Att. A))
(1) 
Purpose. The purpose of this section is to provide for vesting of land use applications and permits under this title, consistent with state law.
(2) 
Applicability.
(a) 
This section applies to complete applications for building permits (RCW 19.27.095), complete applications for proposed division of land (RCW 58.17.033), and complete applications under development agreements (RCW 36.70B.180).
(b) 
This section does not vest applications to development regulations required by federal or state law that are subject to final approval by a federal or state agency, including but not limited to applications for permits under the Shoreline Master Program, Chapter 18.25 JCC, or Flood Damage Prevention, Chapter 15.15 JCC.
(c) 
This section does not apply to issued permits or approvals.
(d) 
This section does not apply to legal lot of record determinations pursuant to Chapter 18.12 JCC or to site development review pursuant to Article VII of this chapter (JCC § 18.40.420 et seq.).
(3) 
Vesting of Applications.
(a) 
A complete application under JCC § 18.40.110 shall vest consistent with state law.
(b) 
A complete application is vested for the specific use, density, and physical development that is identified in the application submittal, provided the permit is not required by state or federal law, including any applicable statute or regulation.
(c) 
The applicant is responsible for monitoring the time limitations and review deadlines for the application. The county shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the department, but shall be subject to the development regulations in effect on the date of the new application is complete.
(d) 
Substantial revisions to applications which increase the specific uses, density, or physical development are subject to vesting at the time of the major or substantial revision. Substantial revisions shall be considered a new application consistent with JCC § 18.40.110(7).
(Ord. 12-19 § 4 (Appx. C); Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))
(1) 
The hearing examiner may suspend, revoke, or modify a Type I, II, or III land use permit or approval after a notice of noncompliance to the affected parties, a recommendation from the administrator, a public hearing consistent with the Hearing Examiner Rules of Procedure, and with written findings when:
(a) 
Decision, approval, or permit was obtained by fraud, misrepresentation, or clear inadvertent error;
(b) 
Use for which such decision, approval, or permit was granted is not being exercised within three years of approval, unless the decision, approval, or permit provides for a greater period of time or the administrator has authorized an allowable extension of time;
(c) 
Use for which decision, approval, or permit was granted ceased to exist or has been suspended for three years or more unless the administrator has authorized an allowable extension of time;
(d) 
Decision, approval, or permit is being, or recently has been exercised contrary to the terms or conditions of such decision, approval, or permit or is in violation of any local or state law or regulation; or
(e) 
Use for which decision, approval, or permit was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a public nuisance.
(Ord. 12-19 § 4 (Appx. C); Ord. 11-24 (Att. A))