[1]
Code reviser's note: Ord. 9-22 added this article as Sections 18.40.440 through 18.40.500. They have been editorially renumbered to avoid duplication of numbering.
The purpose of this article is to provide owners or developers of land a means to obtain an assessment of site requirements for development of a parcel prior to applying for a development permit. Site development review is an assessment of the physical aspects and constraints of the site for the purpose of development. While a site development review will not vest a property to development regulations, a site development review provides for a professional analysis of the site according to current development regulations. Vesting for development purposes may only occur in the manner outlined in JCC § 18.40.320. Site development review is intended to reduce the cost of development and aid in the facilitation of predevelopment financing for applicants.
(Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))
(1) 
Site development review shall be required prior to land disturbing activity or any development activity; submittal of any development permit application, on-site sewage system permit application pursuant to Chapter 8.15 JCC, land use permit application, or land division permit application, or prior to any process to adjust property boundaries, including condominimization.
(2) 
Any landowner or their representative who wishes to make application for development shall use the site development review process to determine whether their site is a legal lot of record and buildable. No development application may vest until the site development review is completed.
(3) 
Properties that meet base density per JCC § 18.12.050(1)(b)(i) or the provisions of JCC § 18.12.070(4) shall be required to submit a site development review permit application prior to submittal of any development permit application in accordance with JCC § 18.12.070(5). The site development review process will evaluate the potential siting for development consistent with all applicable requirements of this title.
(4) 
Site development review is not required for the following:
(a) 
Mechanical, plumbing replacement, hot water, propane, reroofing, and window replacement permits;
(b) 
Permits for cell tower alteration and modification; and
(c) 
Interior remodels that do not increase the building's footprint or include land disturbing activity, or are not substantial improvements pursuant to Chapter 15.15 JCC.
(5) 
Any repair requiring an emergency permit under JCC Title 8 or 15, or this title, or in circumstances that qualify as an emergency constituting an immediate public health and safety hazard, in the opinion of the director, does not require site development review prior to executing the repair to alleviate the hazard. The director at their discretion may require the applicant to apply for site development review after the fact.
(Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))
(1) 
Each application for site development review shall include:
(a) 
A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the written consent of all owners of the affected property, and proof of ownership of the property;
(b) 
Identification of a single contact person or entity to receive determinations and notices required by this code;
(c) 
A legal description of the site, including the Jefferson County assessor's parcel number;
(d) 
Payment of the applicable fee as set forth in the most recently adopted DCD fee schedule;
(e) 
A written description of the specific proposed use of the property for which the application is being submitted; and
(f) 
Sufficient documentation to evidence that a lot or parcel is a legal lot of record. The administrator in their sole discretion may require one or more of the following types of documentation for review:
(i) 
Recorded plat or associated AFN.
(ii) 
Approved unrecorded subdivision.
(iii) 
Deed prior to August 11, 1969.
(iv) 
Prior recognition of legal lot status by the county.
(v) 
Title report.
(vi) 
Deed history.
(vii) 
Tax history.
(2) 
Any landowner or representative who applies for site development review under this article and is proposing a commercial, industrial, small-scale recreational and tourist use, or multifamily residential use listed as a "Yes" use in Table 3-1 in JCC § 18.15.040 (or classified as such by the administrator), may be required to submit information in addition to the specific submittal requirements of JCC § 18.40.100(1) through (4), where determined by the administrator to be necessary for the site development review application.
(3) 
The administrator may waive specific submittal requirements determined to be unnecessary for site development review.
(Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))
Review of applications for site development review shall be as follows:
(1) 
Review Procedures. When the administrator determines that an application is technically complete, as defined in JCC § 18.40.110, the application shall be processed as a Type I permit.
(2) 
Referral and Review of Application. The administrator shall transmit a copy of the application, or appropriate parts of the application, to affected agencies and county departments for review and comment.
(Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))
(1) 
Site development review permits shall be approved upon showing that all of the following have been satisfied:
(a) 
The proposed development conforms to all applicable county, state and federal, land use, environmental and health regulations and plans, including, but not limited to the following:
(i) 
The Jefferson County Comprehensive Plan; and
(ii) 
The provisions of this title, including any incorporated standards;
(b) 
All lots in the proposed development must be legal lots of record in compliance with the requirements of Chapter 18.12 JCC;
(c) 
Adequate provisions for utilities and other public services necessary to serve the needs of the proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and other public ways, drinking water, sewage disposal, fire flow and other improvements;
(d) 
The site contains one or more development envelopes large enough to accommodate the use proposed; and
(e) 
The proposed development will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare.
(2) 
The submittal of additional information may be required by the department to determine whether site development review may be approved, or as a condition of approval. Additional information includes, but is not limited to the following: a critical areas study, special flood hazard area information, stormwater review, roads and utility review, a water availability statement, and soil logs and other applicable information necessary to determine compliance with the Jefferson County department of public health regulations regarding on-site septic disposal.
(Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))
(1) 
An approved site development review shall not constitute vesting of development regulations or specific site features or improvements (e.g., wells, septic systems, stormwater drainage facilities, etc.). Any site with an approved site development review shall not be immune from changes in county, state, or federal laws which are enacted or have an effective date after the date of approval affecting the performance and implementation of the associated use or development.
(2) 
Approval under this section does not constitute authority to commence any development or building activity until such time as final authorizing permits are issued. Approval of a site development review permit application does not vest the proposed use or development. The approval certifies the suitability of a site for the proposed use or development at the time of application processing only.
(Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))
(1) 
Minor modifications to a previously approved site development review under this article may be requested by the applicant and approved by the administrator subject to the provisions for Type I decisions; provided, that the modification does not involve any of the following:
(a) 
A change of proposed land use to one other than that approved for the original site plan;
(b) 
The location or relocation of a road or street (excluding driveways, internal parking or accessways);
(c) 
An adjustment that crosses land use district boundaries where the administrator reasonably believes that the adjustment is intended to serve as a rationale for a future site-specific land use district redesignation application;
(d) 
The creation of an additional lot, tract or parcel;
(e) 
Would create a site plan for a parcel that does not qualify as a building site pursuant to this code;
(f) 
Would make the site plan inconsistent with any restrictions or conditions of approval for a recorded short plant, long plat, boundary line adjustment, plat amendment or binding site plan.
(2) 
Before approving such an amendment, the administrator shall make written findings and conclusions documenting the following conditions:
(a) 
The modification shall be consistent with the previously approved site development review; and
(b) 
The modification shall not cause the site development review to violate any applicable county policy or regulation.
(3) 
Modifications that involve the circumstances described in subsection (1) of this section, or exceed the criteria set forth in subsection (2) of this section, shall be processed as a new site development review application.
(Ord. 9-22 § 5 (Appx. D); Ord. 11-24 (Att. A))