Chapter 16.80
PLANNED LOW IMPACT DEVELOPMENT (PLID) – ALTERNATIVE DEVELOPMENT REGULATIONS

Sections:

16.80.005    Voluntary compliance.

16.80.010    Purpose.

16.80.020    LID design criteria.

16.80.030    Permitted uses.

16.80.040    Design and development standards.

16.80.050    Conformance.

16.80.060    General design criteria.

16.80.070    Site assessment.

16.80.080    Native vegetation areas.

16.80.090    Native soil protection and amendment.

16.80.100    Clustering.

16.80.110    Residential densities.

16.80.120    Lot size, lot width, building height, impervious coverage.

16.80.130    Circulation and access.

16.80.140    Parking.

16.80.150    Impervious and pervious surfacing methods.

16.80.160    Drainage and land alteration.

16.80.170    Site assessment and concept plan.

16.80.180    Preliminary meeting.

16.80.190    Information submittal.

16.80.200    General provisions.

16.80.210    Textual information.

16.80.220    Site plan and supporting maps and graphics.

16.80.230    Supplemental information.

16.80.300    Planned low impact development procedure.

16.80.310    Review process.

16.80.320    Preapplication conference.

16.80.330    Additional required findings.

16.80.340    Installation of improvements.

16.80.350    Final review and approval.

16.80.360    Control of the development after completion.

16.80.005 Voluntary compliance.

Compliance with the provisions of this chapter is voluntary, but encouraged. In lieu of the development regulations set forth in other chapters of the land use regulatory code, an applicant may choose to comply with the provisions of this chapter. (Ord. 046-07 § 2 (Exh. A)).

16.80.010 Purpose.

This chapter is enacted with a goal of retaining the critical functions of a forest including evapotranspiration and infiltration after site development such that effective impervious surfaces are substantially reduced. As part of meeting this goal, this chapter is intended to fulfill the following purposes:

(1) Provide those developing land the opportunity to demonstrate substantial reduction in effective impervious surfaces.

(2) Improve the conditions of habitat and ground and surface waters within a watershed with innovative urban residential design and development techniques.

(3) Foster broad community acceptance of the use of significantly less impervious surface and greater natural habitat conservation on sites.

(4) Provide the opportunity to identify and evaluate potential substantive changes to land use development regulations which support and improve natural functions of watersheds.

(5) Manage stormwater through a land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic conditions.

(6) Encourage creative and coordinated site planning, the conservation of natural conditions and features, the use of appropriate new technologies and techniques, and the efficient layout of streets, utility networks and other public improvements.

(7) Minimize impervious surfaces and effective impervious surfaces.

(8) Encourage the creation or preservation of permanent forested open space.

(9) Encourage development of residential environments that are harmonious with on-site and off-site natural and built environments.

(10) Further the goals and the implementation of the policies of the comprehensive land use plan. (Ord. 046-07 § 2 (Exh. A)).

16.80.020 LID design criteria.

Conformance to the following criteria is required for all development reviewed under the provisions of this chapter:

(1) LID projects shall meet the minimum peak and duration flow control standards per the Department of Ecology Stormwater Management Manual for Western Washington, current edition.

(2) Flow control facilities may be reduced in size through compliance with LID Technical Guidance Manual (Puget Sound Action Team, 2005) Section 7.2.2 for all or part of the development site.

(3) Water quality treatment BMPs shall be provided to treat 91 percent of the annual runoff volume per the Department of Ecology standards.

(4) All site soils disturbed during construction shall be rehabilitated to the specifications of Integrated Management Practice 6.2 of the LID Technical Guidance Manual for Puget Sound (Puget Sound Action Team, 2005).

(5) After the certificate of occupancy is issued, there shall be no net increase in effective impervious surfaces for all PLID projects.

(6) All projects with Type A (outwash) soils shall infiltrate 100 percent of runoff.

(7) All projects shall provide a maintenance plan/program that has been approved by the city, including source control BMPs.

Table 16.80.020-1

Pond Reduction (infiltration < 0.30 in./hr. or less)1,2

Pond Reduction (infiltration of ≥ 0.30 in./hr. or more)1,2

Native Vegetation Area3

Maximum Impervious Surface Area4

Urban Residential < 6.1 Dwelling Units per Acre

50%

60%

35%

See Table 16.80.020-2

Urban Residential 6.1 ≥ Dwelling Units per Acre

50%

60%

20%

See Table 16.80.020-2

Multifamily5,6

40%

80%

20%

70%

Commercial6

40%

80%

10%

70%

(a) The volume reduction in the table represents a reduction as compared to the volume needed for a detention pond serving a standard development.

(b) Infiltration rates are as measured in the field at the proposed LID location using techniques recommended in the Stormwater Management Manual for Western Washington and the LID Technical Guidance Manual for Puget Sound (Puget Sound Action Team, 2005).

(c) Native vegetation area includes native, undisturbed areas or rehabilitation of previously disturbed areas. Native vegetation area may integrate passive recreation facilities. Active recreation areas shall not count towards native vegetation area total as defined under POMC 16.80.080.

(d) See POMC 16.80.150(1) for definitions of impervious areas.

(e) Multifamily projects are those projects containing more than four dwelling units attached in a single structure, regardless of ownership mechanism.

(f) Multifamily and commercial projects must use pervious pavement for at least 20 percent of all paved surfaces.

Table 16.80.020-2

Maximum Percent Impervious Area

Based on Residential Density

Dwelling Units
per Acre

Maximum % Impervious

≤1.4 du/ac

10%

1.5 – 2.4 du/ac

15%

2.5 – 3.4 du/ac

20%

3.5 – 4.9 du/ac

30%

5.0 – 6.9 du/ac

35%

7.0 – 9.9 du/ac

40%

≥10.0 du/ac or greater

60%

(Ord. 046-07 § 2 (Exh. A)).

16.80.030 Permitted uses.

Uses allowed in a planned low impact development shall include permitted, accessory and conditional uses allowed in and subject to the conditions of the underlying zone district(s). (Ord. 046-07 § 2 (Exh. A)).

16.80.040 Design and development standards.

Reserved. (Ord. 046-07 § 2 (Exh. A)).

16.80.050 Conformance.

All uses and development shall conform to all relevant requirements and standards of:

(1) The zone district(s) within which the planned low impact development is located, except as may be modified by this chapter;

(2) The International Building and Fire Codes;

(3) Port Orchard land use regulatory code where it does not conflict with the standards and requirements of this chapter; and

(4) Other applicable official controls. (Ord. 046-07 § 2 (Exh. A)).

16.80.060 General design criteria.

(1) The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize effective impervious surface, preserve forested open space, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features.

(2) PLIDs that are not accompanied by a concurrent subdivision or short subdivision approval shall record an easement or covenant against the land title to ensure that the low impact development features are protected. (Ord. 046-07 § 2 (Exh. A)).

16.80.070 Site assessment.

Low impact development site design is intended to mimic the predevelopment conditions on the site. The development context shall be established by an initial site assessment consistent with the requirements of POMC 16.80.170. The initial inventory and assessment process will provide the baseline information necessary to design strategies that preserve natural resources, preserve areas most appropriate to evaporate, transpire, and infiltrate stormwater, and achieve the goal of maintaining predevelopment natural hydrologic conditions on the site. The assessment will result in a series of maps identifying streams, lakes, wetlands, buffers, steep slopes, and other hazard areas, significant wildlife habitat areas, and permeable soils offering the best available infiltration potential. Maps can be combined as hard copies or as GIS layers to delineate the best areas to direct development. Designated development areas, which will contain all impervious surfaces and landscaped areas on the site, should be configured to minimize soil and vegetation disturbance, buffer critical areas, and take advantage of a site’s natural stormwater processing capabilities. Designated development area boundaries shall be delineated on site plans and identified on the site during site preparation and construction. Areas outside of the designated development area envelope shall be designated native vegetation areas or reserve areas. (Ord. 046-07 § 2 (Exh. A)).

16.80.080 Native vegetation areas.

(1) For the purposes of calculating required area, inundated lands shall not be included; however, other critical areas and their buffers may be included within the native vegetation area boundaries, so long as they contain existing native vegetation (e.g., a steep slope with Douglas fir may be counted while one with Himalayan blackberry may not). Land below an ordinary high water mark shall not be counted towards the required native vegetation.

(2) Native vegetation areas shall be forested or reforested.

(a) Native vegetation areas that do not contain sufficient tree canopy coverage shall be planted with native or near native trees with a minimum of one native tree for every 600 square feet to be replanted. Each tree meeting the minimum replanting size standards of subsection (2)(c) of this section shall be counted once, regardless of size. This requirement does not apply to wetlands or delineated wetland buffers. Each tree shall be counted once, regardless of size. This requirement does not apply to wetlands or delineated wetland buffers.

(b) Native trees are indigenous to the Pacific Northwest or suitable for the Pacific Northwest climate. A list of recommended native tree species is found under Table 16.50.297. A survey of existing trees and tree planting plan shall be submitted for review and approval as required under POMC 16.80.220.

(c) Reforested areas shall be replanted with trees of two-inch caliper or greater. A minimum of 25 percent replanted trees shall be of deciduous species and a minimum of 25 percent replanted trees shall be coniferous species.

(3) Existing native vegetation, forest litter and understory shall be preserved to the extent possible in the native vegetation areas in order to reduce flow velocities and encourage sheet flow on the site. Native vegetation areas that do not contain sufficient native vegetation, forest litter and understory shall be replanted.

(4) Development within native vegetation areas shall be limited to stormwater dispersion facilities, pervious pedestrian trails, and approved surface water restoration projects. Activities within the native vegetation areas shall be limited to passive recreation, removal of invasive species, amendment of disturbed soils consistent with all applicable regulations, and planting of native vegetation. Development shall be consistent with all applicable critical areas requirements.

(5) A permanent protective mechanism shall be legally established to ensure that the required native vegetation area is preserved and protected in perpetuity in a form that is acceptable to both the applicant and the city and filed with the city’s auditor’s office. A permanent native vegetation area shall be established using one of the following mechanisms.

(a) Placement in a separate nonbuilding tract owned in common by all lots within the subdivision;

(b) Covered by a protective easement or public or private land trust dedication;

(c) Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection (1) of this section as determined by the approval authority.

(6) Restrictions on the future use of the native vegetation area shall be recorded on the face of the final plat or short plat. (Ord. 046-07 § 2 (Exh. A)).

16.80.090 Native soil protection and amendment.

(1) The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated, controlled area not adjacent to public resources and critical areas. The material shall be reapplied to other portions of the site where feasible.

(2) Except as otherwise provided in subsection (3) of this section, areas that have been cleared and graded or subject to prior disturbance shall be amended. Prior disturbance shall include soil compaction or removal of some or all of the duff layer or underlying topsoil. The amendment shall take place between May 1st and October 1st. Replaced topsoil shall be a minimum of eight-inch depth, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture holding capacity native to the site. Replaced topsoil shall have an organic content of 10 percent dry weight and a pH between 5.5 and 7.0. The intent of amending disturbed soils is to restore the moisture holding capacity of the original undisturbed native soil to the maximum extent practicable.

(3) This section does not apply to areas that would harm existing trees proposed for retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. (Ord. 046-07 § 2 (Exh. A)).

16.80.100 Clustering.

(1) To achieve the goals of low impact development, residential lots shall be clustered within the designated development area of the site. Clustering is intended to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers, as defined in Chapter 16.40 POMC. Preservation of open space reduces potential stormwater runoff and associated impacts and provides area for dispersion, filtration and infiltration of stormwater.

(2) The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight-line or highway strip patterns. (Ord. 046-07 § 2 (Exh. A)).

16.80.110 Residential densities.

All approved PLID projects will be eligible for a residential density incentive of 10 percent. (Ord. 046-07 § 2 (Exh. A)).

16.80.120 Lot size, lot width, building height, impervious coverage.

Modifications to the standards below are allowed through the PLID process. PLID projects must meet all other requirements of the Port Orchard Municipal Code.

(1) Lot Size. Design objective: Minimize area of site disturbance. The minimum lot size of the underlying zone district may be modified to achieve the goals in POMC 16.80.010.

(2) Lot Width. Design objective: Minimize street length. The minimum lot width of the underlying zone district may be modified to achieve the goals in POMC 16.80.010.

(3) Building Height. Design objective: Minimize building footprint. Building height may exceed the standard in the underlying zone to a maximum of 35 feet; provided, that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and significant public views. If in excess of 35 feet, the maximum height in the underlying zoning shall apply.

(4) Building Setbacks. Design objective: Minimize impervious surfaces. The setbacks of the zone may be modified to achieve the goals in POMC 16.80.010. (Ord. 046-07 § 2 (Exh. A)).

16.80.130 Circulation and access.

(1) Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of Port Orchard road standards. Deviations from the Port Orchard public works standards may be granted subject to the following criteria:

(a) Approval by the Port Orchard public works department and city fire marshal;

(b) A bioretention swale with compost amended soils shall be provided within the right-of-way or in islands created by loop roadways.

(2) Loop roadways are encouraged to minimize impervious surfaces and facilitate emergency vehicle access. (Ord. 046-07 § 2 (Exh. A)).

16.80.140 Parking.

Parking shall conform to the requirements of Chapter 16.45 POMC. (Ord. 046-07 § 2 (Exh. A)).

16.80.150 Impervious and pervious surfacing methods.

(1) Impervious area includes all hard surfaces that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area. Rainwater harvesting systems based on documented water balance may be used to reduce the calculated total impervious area. Permeable pavement systems such as modular grid pavement or pervious concrete count against the impervious surface totals only to the extent indicated by Section 7.1.1 of the LID Technical Guidance Manual for Puget Sound (Puget Sound Action Team, 2005).

(2) Alternative surfacing includes, but is not limited to: paving blocks, turf block, pervious concrete, porous asphalt, and other similar approved materials are encouraged. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the Port Orchard public works department and fire marshal for compliance with other applicable regulations and development standards. Surfaces that comply with this section shall not be considered impervious surfaces under POMC 16.80.020. (Ord. 046-07 § 2 (Exh. A)).

16.80.160 Drainage and land alteration.

(1) Land alteration may commence when in compliance with the city of Port Orchard site development regulations.

(2) Drainage plans and improvements shall be in compliance with city of Port Orchard drainage standards. Alternative BMPs not specifically referenced in the city of Port Orchard standards may be considered subject to approval by the city of Port Orchard public works department. (Ord. 046-07 § 2 (Exh. A)).

16.80.170 Site assessment and concept plan.

The site design process for a planned low impact development begins with an in-depth site assessment. The site assessment shall be a component of the project submittal. The site assessment shall include, at a minimum, the following:

(1) A survey prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys showing existing public and private development, including utility infrastructure, on and adjacent to the site, major and minor hydrologic features, including seeps, springs, closed depression areas, drainage swales, and contours as follows:

(a) Up to 10 percent slopes, two-foot contours.

(b) Over 10 percent to less than 20 percent slopes, five-foot contours.

(c) Twenty percent or greater slopes, 10-foot contours.

(d) Spot elevations shall be at 25-foot intervals.

(2) Location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines, lease areas, and easements.

(3) A soils report prepared by a licensed geotechnical engineer or licensed engineering geologist. The report shall identify:

(a) Underlying soils on the site utilizing soil pits and soil grain analysis to assess infiltration capability on site. The frequency and distribution of soil pits shall be adequate to direct placement of the roads and structures away from soils that can most effectively infiltrate stormwater.

(b) Topologic features that may act as natural stormwater storage or conveyance and underlying soils that provide opportunities for storage and partial infiltration.

(c) Depth to groundwater.

(d) Geologic hazard areas and associated buffer requirements as defined in the adopted Port Orchard critical areas ordinance (POMC Title 18).

(4) A survey of existing native vegetation cover by a licensed landscape architect, arborist, qualified biologist identifying any forest areas on the site, species and condition of ground cover and shrub layer, and tree species, and canopy cover.

(5) A survey of wildlife habitat by a qualified biologist.

(6) A streams, wetland, and water body survey and classification report by a qualified biologist showing wetland and buffer boundaries consistent with the requirements of the adopted Port Orchard critical areas ordinance (POMC Title 18), if present.

(7) Flood hazard areas on or adjacent to the site, if present.

(8) Aquifer and wellhead protection areas on or adjacent to the site, if present.

(9) Any known historic, archaeological, and cultural features located on or adjacent to the site, if present. (Ord. 046-07 § 2 (Exh. A)).

16.80.180 Preliminary meeting.

Following completion of the site assessment and concept plan and prior to a preapplication conference, applicants are encouraged to meet with city staff to discuss existing conditions and conceptual plans for designated development areas, native vegetation areas, proposed lot and roadway configurations, and preliminary stormwater management design. (Ord. 046-07 § 2 (Exh. A)).

16.80.190 Information submittal.

The information required in the following sections shall be submitted with planned low impact development applications. (Ord. 046-07 § 2 (Exh. A)).

16.80.200 General provisions.

(1) Information submitted for initial review can be an approximate description indicating the general nature of the proposal. Data shall be based on the applicant’s best knowledge or intent of the proposal and shall be sufficiently clear to demonstrate how the project complies with the provisions of this chapter.

(2) The city shall have the authority to waive any portion of the information requirements herein; provided, that the information has been included with a previous rezone request, approved permit or concept plan, and the present PLID application is consistent with the previous action to the extent that the subject data is applicable. (Ord. 046-07 § 2 (Exh. A)).

16.80.210 Textual information.

The applicant must respond to each of the items below but the response may include estimates or approximations where exact figures are not known at the time of the preapplication conference. All estimates should be based on the applicant’s best knowledge and intent of the proposal. When estimates or approximations are used they must be identified as such. The applicant should be aware that any estimates or approximations provided may be used to set development conditions or thresholds.

(1) General Data.

(a) The title and location of the proposed development, together with the names, addresses and telephone numbers of the record owner or owners of the land and the application, and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.

(b) The legal description of the subject property.

(c) Identify, if known, all special service districts, including fire, school (for residential projects only), drainage and flood control in which the site is located.

(d) Documentation of site conditions of all applicable areas reviewed in the site assessment.

(e) Description of the proposed PLID including:

(i) Total gross area of the site;

(ii) Total area of reserve area;

(iii) Total project area (total gross site area minus total reserve area);

(iv) Total area of designated development area;

(v) Total area of native vegetation areas;

(vi) Total units proposed;

(vii) Proposed number of dwelling units by type;

(viii) Lot sizes and dimensions;

(ix) Total area of impervious surfacing;

(x) Proposed ownership of land areas within the PLID both during and after construction;

(xi) Gross density of dwelling units;

(xii) Requested dimensional modifications;

(xiii) Development schedule indicating the approximate date when construction of the PLID or stages of the PLID can be expected to begin and be completed.

(f) Copy of all existing deeds, restrictive covenants, or other legal restrictions which apply to the project site. The applicant may submit a copy of any proposed restrictive covenants that have been drafted.

(g) The names and addresses of all property owners within 300 feet of the site taken from the latest equalized tax rolls.

(h) Preliminary drainage report as described in the city of Port Orchard public works standards. (Ord. 046-07 § 2 (Exh. A)).

16.80.220 Site plan and supporting maps and graphics.

An initial site plan and any supporting graphics, narrative descriptions and maps to show existing conditions and major details of the proposed PLID. The initial site plan and supporting graphics and maps in combination shall provide a level of detail appropriate to the scale of the project and sufficient to demonstrate how the project complies with the provisions of this chapter.

(1) Proposed name of the development, north point, scale, date and address, and telephone number of the preparer of the site plan/supporting maps.

(2) All information included in the site assessment in POMC 16.80.170 should be provided at a legible scale appropriate to the area covered by the proposal at the discretion of the city.

(3) Designated development areas.

(4) Native vegetation areas.

(5) Reserve areas.

(6) Areas of disturbed soils to be amended.

(7) The existing and proposed circulation system of arterial, collector and/or local streets, including right-of-way street widths, off-street parking areas, and major points of access to public rights-of-way (including major point of ingress and egress to the development). Notations of proposed ownership, public or private, shall be included where appropriate.

(8) Location and width of existing and proposed sidewalks and trails.

(9) Proposed lots and dimensions.

(10) For residential structures, provide the types and number of residential units in each structure or the range of residential structures proposed together with the range of the type and number of units per structure.

(11) For nonresidential buildings, the gross floor area of each building.

(12) The location and square footage or approximate location and square footage or acreage of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses with notations of proposed ownership included where appropriate.

(13) Landscaping and open space improvements plan or concept.

(14) The proposed treatment of the perimeter of the PLID, including materials and techniques used such as screens, fences and walls.

(15) The location of existing and proposed utilities including sanitary sewers, water lines and storm drainage facilities intended to serve the development.

(16) Existing zoning and comprehensive plan boundaries for the site and adjacent property.

(17) Information of contiguous properties within 300 feet of the proposed PLID including:

(a) Existing and, if known, proposed land use and streets; and

(b) Existing structures excluding accessory buildings, ownership tracts and unique natural features of the landscape, if readily accessible.

(18) A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features.

(19) Landscape plan, including a survey of existing trees and a tree planting plan for native vegetation areas. (Ord. 046-07 § 2 (Exh. A)).

16.80.230 Supplemental information.

(1) A completed environmental checklist; except that if the applicant has agreed in writing to the preparation of an environmental impact statement, no checklist shall be required.

(2) Letters of water and/or sewer availability where water and/or sanitation service is to be obtained from an existing public system, including a water association.

(3) Where a new water system is proposed, include the source of the water, the estimated amount of water available from a groundwater or surface water source, the status of water rights application, and the general location and size of the proposed pipe and other major appurtenances for development of community or public systems. The description shall also include improvements for fire protection.

(4) A description of the sanitation facilities which shall include the method of sanitation and, where applicable, the location of community on-site sewage waste disposal systems, location of soil log holes, percolation rate data, and the general location and size of proposed pipe and other major appurtenances. Where on-site sanitation systems are proposed, the applicant shall provide evidence demonstrating the suitability of all lots or any single lot. Percolation tests shall be performed under the direction of a licensed hydrologist, sanitarian or engineer.

(5) One copy of the water and sanitation information, particularly the soil log hole and percolation rate data, is recommended to be submitted directly to the health department prior to submittal of the planned low impact development.

(6) A traffic study if required by the department of public works at the preapplication conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS.

(7) The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose of this subsection is to generally identify the method of maintenance and not to require detailed agreements.

(a) If to be maintained by a governmental jurisdiction or existing water association, a letter from the jurisdiction or association shall be submitted specifying acceptance of maintenance responsibility and indicating the conditions, if any, upon which the acceptance is contingent.

(b) If the maintenance is to be provided privately, the developer shall indicate the organization to provide the maintenance and the method and approximate amount of funding required therefor.

(c) Draft instruments for permanent preservation of native vegetation areas and maintenance of low impact drainage facilities. (Ord. 046-07 § 2 (Exh. A)).

16.80.300 Planned low impact development procedure.

All PLID applications shall be reviewed and approved or disapproved pursuant to the procedures contained in this title, and the public works standards. (Ord. 046-07 § 2 (Exh. A)).

16.80.310 Review process.

Reserved. (Ord. 046-07 § 2 (Exh. A)).

16.80.320 Preapplication conference.

(1) An applicant shall request a preapplication conference to be held prior to submission of an application and which should take place prior to any detail work. The developer or representative shall be prepared to present to the designated enforcing officer and the SEPA official conceptual sketches which contain in a rough and approximate manner adequate information to describe the proposal in relation to the topics listed below. The conference shall be scheduled after the land use division of planning and development services receives sufficient copies of information from the applicant to distribute to the technical committee and the SEPA official. All information presented by the developer shall be considered confidential. The purpose of the conference is to enable the developer to consult with the technical committee and SEPA official as to the intent, standards and provisions of this title, other applicable land use controls, and SEPA as they apply to the proposed project. It is also the purpose of this conference to identify as many potential problems and opportunities as possible in order for the application to be processed without delay or undue expense. Discussion will include the following topics:

(a) City comprehensive plan;

(b) Zoning;

(c) Shoreline master program;

(d) Any adopted street and road plan and/or program;

(e) Availability of water and sanitation;

(f) Development and design concepts, including designated development areas, native vegetation areas, critical areas and buffers, lot layout, and circulation and access;

(g) Overall low impact strategy for addressing storm drainage and design and maintenance requirements for specific techniques;

(h) Sidewalk requirements;

(i) Bike paths and internal pedestrian system;

(j) Public transportation requirements;

(k) Off-site requirements such as sidewalks, street lights, traffic signals, utilities or improvements of adjacent streets;

(l) Fire protection;

(m) Maintenance provisions;

(n) Known hazards and additional information as required by POMC 16.80.230 including any required approvals by the Department of Ecology for projects located within flood control zones;

(o) Environmental impact to the development and other issues related to SEPA requirements;

(p) Other city requirements and permits;

(q) Identification of other local, state and federal agencies which may also have jurisdiction; and

(r) Identification of adjacent lands owned by the applicant and possible future development thereof.

(2) Preapplication reviews as provided by this section shall not be construed to bind either the applicant or the city in any respect. Further, the information requested at the preapplication conference for application submittal shall not preclude the city from requiring additional information or clarification of materials after submittal. (Ord. 046-07 § 2 (Exh. A)).

16.80.330 Additional required findings.

The approval body shall review the planned low impact development for the following required findings in addition to any other findings required through the development process:

(1) Adequate maintenance provisions for public and private facilities and improvements have been established;

(2) Legal mechanisms for permanent preservation of native vegetation areas have been recorded. (Ord. 046-07 § 2 (Exh. A)).

16.80.340 Installation of improvements.

Upon receipt of initial approval, the applicant may proceed with the installation of improvements required by the planned low impact development pursuant to the following:

(1) The applicant shall submit detailed engineering plans developed consistent with adopted city standards for the construction of roads, bridges, utilities, drainage works and other required improvements. In addition, the applicant shall also submit a land alteration control plan consistent with adopted land alteration standards and this chapter.

(2) Land alteration and construction activities shall commence only when the land alteration control plan and engineering plans for the appropriate improvement have been approved by the city engineer and by any other departments or agencies having jurisdiction. The city engineer shall act on the plans within 14 days after acceptance of a completed set of plans from the applicant.

(3) All improvements shall be built to applicable standards in force at the time of initial PLID application submittal.

(4) All construction of water and sewer systems shall be done under supervision of a licensed civil engineer. The city engineer may waive this requirement.

(5) Any condition of initial approval requiring accomplishment of such improvements as drainage or development of the source of water supply prior to other construction shall be strictly complied with, and no other construction shall proceed until any such condition is discharged to the satisfaction of the city engineer, health department or other agency, as indicated in the condition.

(6) Where facilities or improvements are proposed to be maintained by lessees, renters or property owners, a workable organization shall be established to guarantee maintenance of such facilities. (Ord. 046-07 § 2 (Exh. A)).

16.80.350 Final review and approval.

Prior to receiving a certificate of occupancy, the applicant shall submit a final development plan. (Ord. 046-07 § 2 (Exh. A)).

16.80.360 Control of the development after completion.

The final development plan shall continue to control the planned low impact development after it is finished and the following shall apply:

(1) The building official in issuing a certificate of completion of the planned low impact development shall note the issuance on the filed final development plan.

(2) After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned low impact development shall be governed by the approved final development plan.

(3) After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows:

(a) Minor modifications of existing buildings or structures or the creation of additional impervious surface may be authorized by the city, upon consultation with the technical committee, if they are consistent with the purposes, intent and restrictions of the final plan.

(b) A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned low impact development if it is in compliance with the purpose and intent of the final development plan. (Ord. 046-07 § 2 (Exh. A)).