40.385.040 Administration

A.    Submittals – General.

1.    A stormwater plan shall be submitted identifying how stormwater runoff originating on the project site or flowing through the project site is presently controlled and how this will change due to the proposed development, redevelopment, or drainage project. The purpose of the stormwater plan is to determine whether a proposal can meet the requirements set forth in this chapter.

2.    Applicants proposing any new development or redevelopment governed by this chapter shall submit the plans, studies, and information as provided herein. If the project site is within the region covered by a basin plan pursuant to this chapter, then the responsible official may waive information requirements.

3.    Except for projects under Section 40.385.040(A)(3)(a), all plans, studies, and reports shall be stamped, signed and dated by a registered professional civil engineer(s) licensed in the state of Washington, and a registered soil scientist, if appropriate, responsible for their preparation, and by the project engineer responsible for preparation of the stormwater plan.

a.    Stormwater site plans are exempt from the requirement to be prepared by a licensed engineer for projects that only apply minimum requirements No. 1 through No. 5 for construction of agricultural or residential buildings and their appurtenances on an existing lot.

4.    Record Drawings.

a.    Record drawings which accurately represent the project site as constructed shall be provided to the county prior to:

(1)    The issuance of building permits for single-family/duplex residential subdivisions;

(2)    The issuance of occupancy permits for development subject to site plan review; and

(3)    Within sixty (60) days following completion of construction of other development.

b.    The record drawings shall include corrected engineering plans for the stormwater system, showing constructed dimensions and elevations. In addition, revisions to the final stormwater plan shall be submitted with the record drawings where changes during construction significantly alter the calculations and assumptions contained in the plan.

c.    All plans submitted shall be reproducible and on Mylar.

d.    The record drawing submittal shall be stamped, signed and dated by a registered professional engineer licensed in the state of Washington.

e.    Record drawings shall be submitted on computer disk in one (1) of the following approved file formats: Portable Document Format (.pdf), AutoCAD (.dwg, .dxf), or MicroStation (.dgn).

f.    Record drawings shall clearly indicate the ownership of any stormwater facility and who is responsible for its maintenance.

(Amended: Ord. 2009-12-01)

B.    Preliminary Stormwater Plan.

1.    A preliminary stormwater plan is required for all new development and redevelopment not exempted by Section 40.385.010(C).

2.    A preliminary stormwater plan meeting the requirements of this section shall be submitted with the land use application.

3.    The preliminary stormwater plan submittal shall consist of a preliminary development plan and a preliminary technical information report (TIR) prepared in accordance with the Stormwater Manual. The project engineer shall include a statement that all required information is included and that the proposed stormwater facilities are feasible.

C.    Final Stormwater Plan.

1.    The final stormwater plan is required and must be approved by the responsible official prior to beginning construction related to new development, redevelopment, or drainage project. The final stormwater plan provides final engineering design and construction drawings in accordance with the Stormwater Manual.

2.    The final stormwater plan shall include the following:

a.    A final development plan;

b.    A final technical report (TIR);

c.    The approved preliminary stormwater plan with an explanation of any differences between the design concepts included in the preliminary and final stormwater plans;

d.    Final engineering plans that provide sufficient detail to allow construction of the stormwater facilities. These plans shall be stamped, signed and dated by registered professional engineer(s) licensed in the state of Washington responsible for hydrologic, hydraulic, geotechnical, and structural and general civil engineering design, and by the project engineer responsible for the preparation of the final stormwater plan. Additionally, the final engineering plan shall show all utilities to ensure conflicts between proposed utility lines do not exist;

e.    Any easements, covenants or agreements that are necessary to permit construction must be included; and

f.    A construction stormwater pollution prevention plan (SWPPP).

3.    The final stormwater plan shall be prepared in accordance with the Stormwater Manual.

D.    Construction Stormwater Pollution Prevention Plan. A construction stormwater pollution prevention plan (SWPPP) prepared in accordance with Volume II, Section 3.3 of the SMMWW is required for all development and redevelopment not exempted by Section 40.385.010(C).

E.    Plan Review.

1.    For a land use application requiring a public hearing, the preliminary stormwater plan shall be decided on in accordance with the procedures applicable to the land use application. All other preliminary stormwater plans shall be acted on by the responsible official within the timeline for the preliminary land use decision.

2.    The responsible official may waive in writing some or all of the content requirements in the preliminary stormwater plan if:

a.    The development activity or drainage project is included in an approved final stormwater plan which meets the requirements of this chapter; or

b.    A basin plan exists that supersedes any of the requirements.

    The waiver of some or all of the preliminary stormwater control plan requirements does not relieve the applicant of a final stormwater control plan.

3.    Variances. For purposes of this chapter, the following requirements shall apply with regard to variances:

a.    Type I and Type II (Administrative) Variances. The responsible official may grant an administrative variance to the numerical standards of this chapter using a Type I or Type II process pursuant to Sections 40.510.010 and 40.510.020 prior to permit approval and construction; provided, that the provisions of this chapter are met. These variances deal with the design and construction of facilities, are not limited to any percentage change, and typically include (but are not limited to) the following:

(1)    Conveyance system analysis and design;

(2)    Off-site analysis;

(3)    Materials;

(4)    Facility side slopes;

(5)    Easements;

(6)    Percent of facility made up of retaining wall;

(7)    Fencing requirements; and

(8)    Varying from the standard details.

b.    Type III Variances. The responsible official may grant a variance from the requirements of this chapter using a Type III process pursuant to Section 40.510.030 prior to permit approval and construction; provided, that the provisions of this chapter are met. A written finding of fact is required that addresses the following:

(1)    The variance provides for equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;

(2)    That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the developer of all reasonable use of the property of land in question, and all feasible efforts to meet the intent of the requirements have been made, including:

(a)    The current (pre-project) use of the site;

(b)    How the application of the minimum requirements restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements;

(c)    The possible remaining uses of the site if the variance were not granted;

(d)    The uses of the site that would have been allowed prior to the adoption of the minimum requirements;

(e)    A comparison of the estimated percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss of requirements that existed prior to adoption of the minimum requirements; and

(f)    The feasibility for the owner to alter the project to comply with the minimum requirements.

(3)    That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and

(4)    The variance is the least possible variance that could be granted to comply with the intent of this section.

4.    Exceptions for Single-Family/Duplex Residential Subdivisions.

a.    The responsible official may approve the issuance of building permits for up to fifty percent (50%) of the lots after the stormwater and road improvements are substantially complete.

b.    Building permits for model homes may be approved pursuant to Section 40.260.175.

5.    Stormwater plans decisions may be appealed in conjunction with the associated land use application.

(Amended: Ord. 2009-01-01; Ord. 2011-08-08)