Chapter 15.19


15.19.010    Purpose.

15.19.020    Authority of the director.

15.19.030    Applicability.

15.19.040    Exemptions.

15.19.050    Review process.

15.19.060    Decision criterion.

15.19.010 Purpose.

The purpose of this chapter is to ensure that the provisions in Chapter 15.20 BIMC, including BIMC 15.20.010, are understood and effectively adhered to as part of the planning related to development or redevelopment of a site, and prior to the undertaking of clearing and grading that occurs in advance of construction activities on a site. All development and redevelopment within the thresholds established in Chapter 15.20 BIMC shall be subject to low impact development (LID) standards regarding surface water and stormwater in order to mimic natural hydrology and to limit pollution of the Puget Sound. (Ord. 2017-03 § 4 (Exh. A), 2017)

15.19.020 Authority of the director.

The director of public works (“director”) shall have the authority to:

A. Administer the provisions of this chapter including, but not limited to, interpreting the chapter and issuing necessary rules and procedures.

B. Complete site assessment reviews in accordance with this chapter.

C. Administer and coordinate the enforcement of this chapter and all policies adopted hereunder.

D. Adjust the fees required by this chapter to be proportional to any increased scope of work for which a review is required. Fees shall be set forth in a fee schedule adopted by the city council by resolution.

E. Coordinate with other city departments to administer and enforce this chapter.

F. Assign responsibility for interpretation, application, and enforcement of specified procedures to department staff.

G. Correct any condition that is a violation of this chapter. (Ord. 2017-03 § 4 (Exh. A), 2017)

15.19.030 Applicability.

No development, including clearing, grading, or other construction activity as described in this title, shall occur until a site assessment review has been completed. Activities subject to this chapter are described below. For applicable activities, a site assessment review shall be completed before any building, clearing, or grading permit applications may be submitted to the city. A site assessment review is required for any of the following activities:

A. New development, as defined in Chapter 15.20 BIMC.

B. Redevelopment, as defined in Chapter 15.20 BIMC.

C. Grading, as defined in the International Building Code, Appendix J (see Chapter 15.04 BIMC).

D. Clearing, as defined in Chapter 16.18 BIMC.

E. Paving 800 square feet or more related to:

1. New pavement; or

2. Removing and replacement of surfacing to base course or lower; or

3. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete. (Ord. 2017-03 § 4 (Exh. A), 2017)

15.19.040 Exemptions.

The following activities shall not require a site assessment review:

A. Creation of less than 800 square feet of new hard surfaces, as defined in Chapter 15.20 BIMC.

B. Grading or clearing activities on less than 7,000 square feet or 35 percent of the site, whichever is smaller, as defined in Chapter 15.20 BIMC.

C. Commercial Agriculture. Existing commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timber land to agriculture and the construction of new hard surfaces are not exempt.

D. Forest Practices. Forest practices regulated under WAC Title 222 are exempt, except for Class IV general forest practices that are conversions from timber land to other uses. Class IV general forest practices are required to obtain a site assessment review, in addition to any other required permits, prior to any clearing, grading, or tree removal.

E. Road Maintenance. The following road maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, and vegetation maintenance.

F. New Nonmotorized Shoulder Improvements. New nonmotorized shoulder improvements to existing roads are exempt unless the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits. The project limits shall be defined by the length of the project, along the right-of-way, and the width of the right-of-way.

G. Underground Utilities. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are exempt. (Ord. 2017-03 § 4 (Exh. A), 2017)

15.19.050 Review process.

A. The site assessment review application, proposed project information, and other data and materials filed by an applicant for a site assessment review shall be analyzed by the director or his/her designee for a determination of completeness. The site assessment review application shall be considered complete upon the occurrence of all of the following:

1. The determination that the official site assessment review application form is complete.

2. The proposed project information, data, and other materials submitted are adequate to evaluate the proposed project.

3. The site assessment review fee has been paid by the applicant.

B. All projects that are required to meet Minimum Requirements Nos. 1 through 5, as indicated in BIMC 15.20.060 related to stormwater manual standards, shall submit an application and are required to receive a written endorsement from the director or his/her designee as provided in subsection D of this section prior to the city accepting any other development application. Projects required to meet Minimum Requirements 1 through 9 as indicated in BIMC 15.20.060 may submit an application concurrently with the request for a preapplication conference identified in BIMC 2.16.020. If the preapplication conference is waived in accordance with BIMC 2.16.020, the application and endorsement required by this chapter shall be completed prior to any other development application being accepted by the city.

C. Those projects required to only meet Minimum Requirement No. 2 as indicated in BIMC 15.20.060 are encouraged to make use of the site assessment review process prior to application for any required permits.

D. The complete site assessment review application, proposed project information, data, and other materials shall be reviewed by the director or his/her designee for compliance based on the decision criteria in BIMC 15.19.060, and any other applicable regulations adopted by this chapter and other applicable laws and regulations. If the director or his/her designee determines that an applicant has completed the required site assessment review, he/she shall endorse the review in writing with or without recommendations.

E. The department of public works or its designee may conduct a site visit(s) as part of the site assessment review process and a review meeting shall be scheduled with the applicant.

F. Validity. The completion of a site assessment review shall not prevent the director or his/her designee from thereafter requiring the correction of errors in an applicant’s site assessment review proposed project information or other data. An endorsed site assessment review is not a permit and does not vest future development permits to any future updates to Chapter 15.20 BIMC. Any future building, clearing, or grading permit application that is utilizing a completed site assessment review must comply with any applicable laws and city regulations that are in effect at the time such a development permit application is submitted. (Ord. 2017-03 § 4 (Exh. A), 2017)

15.19.060 Decision criterion.

The director or his/her designee shall deem a site assessment review complete if the information provided in the application demonstrates that the proposed actions and the information submitted comply with LID practices, as described in Chapter 15.20 BIMC and the adopted LID manual, to the maximum extent practicable. Subsequent development permits (i.e., building, clearing, or grading) shall substantially conform with the completed site assessment review. A site assessment review may be endorsed with conditions or recommendations for future development permits. (Ord. 2017-03 § 4 (Exh. A), 2017)