Chapter 17A.10
GENERAL PROVISIONS Revised 3/18

Sections:

17A.10.010    Authority.

17A.10.020    Title.

17A.10.030    Purpose.

17A.10.040    Applicability.

17A.10.050    Exemptions.

17A.10.060    Definitions. Revised 3/18

17A.10.070    Site Development Permits. Revised 3/18

17A.10.080    Construction.

17A.10.090    Construction Completion.

17A.10.100    Final Building Inspections for Structures.

17A.10.110    Issuance of Single-Family Building Permits in Subdivisions.

17A.10.120    Performance Monitoring Permit.

17A.10.130    Record Drawing Requirements.

17A.10.140    Completion of the Site Development Process.

17A.10.150    Acceptance of Public Drainage Facilities. Revised 3/18

17A.10.160    Maintenance of Private Drainage Facilities.

17A.10.170    Issuance of Related Permits.

17A.10.180    Variances.

17A.10.190    Technical Equivalency.

17A.10.200    Hazards.

17A.10.210    Reconsideration and Appeal Procedures.

17A.10.220    Penalties and Enforcement.

17A.10.230    Archaeological Sites.

17A.10.240    Severability.

17A.10.010 Authority.

This Title is established pursuant to the Clean Water Act, 33 U.S. Code 1251 et seq.; the State Water Pollution Control Act, Chapter 90.48 RCW; and the Puget Sound Water Quality Act, Chapter 90.70 RCW. (Ord. 99-24S § 2 (part), 1999)

17A.10.020 Title.

This Title shall be known as "Title 17A, Construction and Infrastructure Regulations – Site Development and Stormwater Management." (Ord. 99-24S § 2 (part), 1999)

17A.10.030 Purpose.

A.    These Regulations are based on the premise that development should not impact adjacent and/or downstream property owners in a detrimental manner compared to the pre-development condition. It is not the intent of these Regulations to make Pierce County a guarantor or protector of public or private property with respect to development.

B.    These Regulations are intended to assist, but not to substitute, competent work by professional engineers. It is expected that the professional engineers will bring to each project the best of their skills and abilities to see that the project is thoroughly analyzed and designed correctly, accurately, and in compliance with generally accepted engineering practices. These Regulations are not intended to address all situations or to unreasonably limit any innovative or creative effort in design and construction which could result in better quality, cost savings, or improved performance of a project's storm drainage system.

C.    These regulations implement a major component of the County's National Pollution Discharge Elimination System (NPDES) Stormwater Permit.

D.    These regulations intend to make low impact development principles and low impact development best management practices the preferred and commonly used approach by development.

(Ord. 2015-48s § 1 (part), 2015; Ord. 99-24S § 2 (part), 1999)

17A.10.040 Applicability.

A.    These Regulations establish criteria for review and analysis of all development including but not limited to grading, formal subdivision, short subdivision, large lot division, commercial building, road construction, clearing, installation of a storm drainage system, binding site plans, planned unit developments, planned development districts, mobile home parks, single family home construction, duplex construction, or other projects when so required by the Pierce County Hearing Examiner or County Council.

B.    These Regulations include this Title and the Pierce County Stormwater Management and Site Development Manual (referred to as the Manual) incorporated herein by reference.

C.    All proposals for development or redevelopment, whether public or private, must conform to these Regulations.

D.    The requirements of this Title apply to all unincorporated areas of Pierce County.

E.    Where requirements in these Regulations are also covered in any other law, ordinance, resolution, rule, or regulation of any kind, the more restrictive shall govern.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2015-25s § 2 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999)

17A.10.050 Exemptions.

The following work is exempt from the requirements of these Regulations:

A.    Emergency projects which if not performed immediately would substantially endanger life or property. Upon resolution of the emergency, the property owner must either restore the site to its original condition or comply with the requirements of this Title within 60 days. The County may extend the 60-day time limit when the property owner can show reasonable cause for the delay.

B.    Pavement maintenance practices limited to 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, pavement preservation activities that do not expand the road prism, and vegetation maintenance.

C.    Agricultural activities for commercial use except in sensitive and/or critical areas.

D.    Agricultural activities for commercial use in sensitive and/or critical areas that commenced prior to June 1998.

E.    Projects that are covered under the State of Washington Model Toxics Control Act (MTCA) or the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

F.    Forest practice activities (when conducted in accordance with the requirements of the Forest Practice Act, Chapter 76.09 RCW, and its rules) that meet one of the following two criteria:

1.    Forest practice activities that meet all of the following:

a.    Are located outside the urban growth area and located outside any area designated by Washington Department of Natural Resources as "lands likely to convert" pursuant to Chapter 76.09 RCW; and

b.    Do not result in the conversion of land to a use other than commercial forest product.

2.    Any other forest practice activity that the DNR has determined is exempt from Pierce County jurisdiction, provided that the DNR has issued a written notice of this determination to Pierce County.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 12, 2013; Ord. 2004-56s § 1 (part), 2004; Ord. 99-24S § 2 (part), 1999)

17A.10.060 Definitions. Revised 3/18

Definitions that are specific to Title 17A PCC are listed below. These definitions are specifically for the purposes of Title 17A PCC and supersede any definitions for similar terms that may exist in other County Titles. Definitions for terms used with Title 17A PCC that are not listed below can be found in Title 18 PCC, Development Regulations – General Provisions.

"Abbreviated plan" means a plan for small sites to implement temporary best management practices (BMPs) to control pollution generated during the construction phase, primarily erosion, sediment, and post-construction runoff.

"Agricultural activities" means the normal actions associated with the production of crops such as: plowing, cultivating, minor drainage, and harvesting, and/or raising or keeping of livestock, including operation and maintenance of farm and stock ponds, drainage ditches, irrigation systems, and normal operation, maintenance, and repair of existing serviceable agricultural structures, facilities, or improved areas. The term "agricultural activities" as used within this Title does not include the practice of aquaculture. Forest practices regulated under Chapter 76.09 RCW and Title 222 WAC are not included in this definition.

"Alleyway" means a narrow passageway intended for vehicular traffic to serve as rear access to lots or buildings.

"BMP" means best management practice.

"Clearing" means the destruction and/or removal of vegetation by manual, mechanical, or chemical methods.

"County" means the Pierce County Executive or designee; also Pierce County, its duly authorized representatives, and the jurisdictional boundaries of Pierce County.

"Department" means the Pierce County Department of Planning and Public Works, unless explicitly referenced otherwise.

"Development" means any man-made change to improved or unimproved real property including but not limited to construction of buildings or other structures, placement of manufactured home/mobile home, mining, dredging, logging, clearing, filling, grading, paving, excavation, drilling operations, or the subdivision, short plat, and large lot division of property.

"Director" shall mean the Director of the Planning and Public Works Department or his/her designee, unless explicitly referenced otherwise.

"Grading" means any operation involving excavation, displacement, cutting or filling of material that alters the elevation of the land's surface.

"International Building Code (IBC)" means the most recent version of the International Building Code adopted by Pierce County.

"Logging" means the harvesting or removal of timber. Logging does not include the removal of stumps or under story vegetation.

"Manual" means the Pierce County Stormwater Management and Site Development Manual including all amendments, corrections, and changes made through subsequent County ordinance.

"New development" means the following activities: land disturbing activities; external structural development including construction, installation, or expansion of a building or other structure; creation of impervious surfaces; class IV-general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development.

"Off-site" means any area lying upstream of the site that drains onto the site, and any area lying downstream of the site onto which the site drains.

"On-site" means the entire property including the proposed development.

"Principal" means an individual, person, or entity primarily liable for an obligation. In the case of a limited liability corporation (LLC), it means the individual or person that has the authority to make financial commitments and/or obligations for the LLC.

"Private road" means a roadway facility in private ownership providing private access and used for travel of vehicles by the owner(s) or those having express or implied permission from the owner(s), but not by other persons.

"Project" means the proposed action which requires a site development permit.

"Redevelopment" means, on an existing developed site, the creation or addition of impervious surfaces, external structural development, including construction, installation, or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities associated with structural or impervious redevelopment.

"Regulations" means this Title plus requirements contained in the Pierce County Stormwater Management and Site Development Manual.

"Short plat or short subdivision" means as defined in the Pierce County Subdivision Code, Title 18F PCC or most recent version thereof.

"Site" means any parcel or combination of contiguous parcels where grading, filling, clearing, or creation of an impervious surface is proposed, and which may be controlled by more than one property owner.

"Site development permit" means a permit issued by Pierce County giving an applicant permission to: perform land disturbing activity; remove vegetation; construct roads, shared accesses, alleyways, driveways, parking areas, impervious surfaces or other hard surfaces; perform grading and/or clearing; and construct stormwater facilities.

"Stormwater Drainage System" means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

"Technical equivalency" or "technical deviation" means an alternative design option requested by an applicant or the applicant's Engineer which deviates from the stipulated technical design standards or criteria found in the Pierce County Stormwater Management and Site Development Manual. (Ord. 2017-12s § 2 (part), 2017; Ord. 2015-48s § 1 (part), 2015; Ord. 2015-25s § 2 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 2005-37 § 1 (part), 2005; Ord. 2004-56s § 1 (part), 2004; Ord. 99-24S § 2 (part), 1999)

17A.10.070 Site Development Permits. Revised 3/18

A.    General.

1.    Issuance of a site development permit by Pierce County does not in any way imply or signify that the proposal complies with the requirements of or is allowed by other County ordinances, Regulations, or requirements, or State or Federal laws.

2.    The applicant is in no way relieved of responsibility and liability for compliance with all State, Federal, and local rules, requirements, laws, ordinances, and regulations. Design errors which are undetected by the County do not relieve the Engineer from ultimate responsibility. Where these errors are discovered, the plans are subject to revisions by the Engineer and review and approval by the County.

3.    Should errors, omissions, or inaccurate data related to the site development permit come to the County's attention, the applicant or Engineer, as applicable, shall correct all deficiencies and be responsible for all damages resulting from the defective work.

B.    Site Development Permit Required.

1.    Unless fully exempt from this title, no person, party, firm, corporation, or entity shall perform any: grading; clearing; ditching; storm drainage system construction or alteration; drainage course alteration; hard surface creation; or any development/redevelopment activity unless the work is in accordance with a valid site development permit from the County issued pursuant to the provisions of these Regulations.

C.    Site Development Permit Not Required. The following exemptions are allowed without obtaining a site development permit if other criteria as listed are met:

1.    Minor Development or Redevelopment Activity. Certain minor development or redevelopment activity as listed below may be performed by a property owner or project proponent without first obtaining a site development permit when all the criteria listed below are met. The burden of proving that the project falls within this permit exemption will be on the property owner and/or project proponent. The following criteria must be met:

a.    In accordance with the Stormwater Management and Site Development Manual, Minimum Requirement #2, the property owner and/or project proponent must consider the 13 elements of pollution prevention for the construction site, and controls must be developed and implemented for all the elements that pertain to the site. Minimum Requirement #4 protecting natural drainage systems is met.

b.    The minor development or redevelopment work cannot include the removal, deposit, or displacement of material: within a closed depression; within 25 feet of a drainage course, or drainage channel; and on existing slopes that are steeper than 33 percent and 10 feet or more in height.

c.    The minor development or redevelopment work cannot create slopes that are steeper than 33 percent and 10 feet or more in height.

d.    The minor development or redevelopment work cannot include the removal, deposit, or displacement of material within the following critical areas and their associated buffers – Wetlands, Regulated Fish and Wildlife Species and Habitat Conservation Areas, Flood Hazard Areas, Landslide Hazard Areas, and Erosion Hazard Areas.

e.    The minor development or redevelopment work does not include the installation of a new storm drainage system.

f.    The minor development or redevelopment work must not be located within County right-of-way.

g.    Public and private utility line work located outside County right-of-way that creates less than 2,000 square feet of new or replaced impervious/hard surface.

h.    Allowed Minor Development or Redevelopment Activities. The following are the allowed cumulative totals on a parcel of land. The cumulative total resets to zero when the parcel has obtained a site development permit for the activity and achieved final construction approval thereof.

(1)    Land disturbing activity that does not exceed 7,000 square feet.

(2)    The creation of less than 500 square feet of new impervious/hard surface.

(3)    The creation of less than 500 square feet of replaced impervious/hard surface.

(4)    The conversion of less than 0.75 acres of native vegetation to lawn.

(5)    The conversion of less than 2.5 acres of native vegetation to pasture.

(6)    Projects that cause a 0.10 cubic feet per second (cfs) increase in the 100-year discharge flow.

(7)    Grading of less than 50 cubic yards.

2.    Development or Redevelopment Activity Performed by a Pierce County Department or Agency. When the proponent of a development or redevelopment is a County department, agency, or agent thereof, a site development permit (and its related Planning and Public Works Department review, inspections, and fees) is not required. However said proponent must comply with the Stormwater Management and Site Development Manual standards and documentation requirements.

3.    Development or Redevelopment Activity Performed by Other Governmental Agencies. City, County, State, and other governmental agencies performing development and redevelopment activities within unincorporated Pierce County are not required to obtain a site development permit when the following conditions are met:

a.    The development or redevelopment activities are conducted in accordance with the latest version of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington or a stormwater management manual that has been deemed equivalent by the Department of Ecology; and

b.    The development or redevelopment activities are not located within existing or proposed County right-of-way, or within properties owned by Pierce County.

4.    Public and Private Utility Line Work. Public and private utility line work (new construction, maintenance and repair) that is located within County right-of-way and is performed in accordance with the Manual on Accommodating Utilities in Pierce County Rights-of-Way does not require a site development permit.

5.    Maintenance and Repair Activities for Public Roads and Public Storm Drainage Systems. Maintenance and repair activities performed by the Pierce County Planning and Public Works Department do not require a site development permit.

6.    Maintenance or Repair Activities for Private Roads, Shared Accesses, Alleyways and Private Storm Drainage Systems. The maintenance activities listed below may be performed by a property owner or project proponent without first obtaining a site development permit when all of the criteria below are met. The burden of proving that the project falls within this permit exemption will be on the property owner and/or project proponent. The following criteria must be met:

a.    In accordance with the Stormwater Management and Site Development Manual, Minimum Requirement #2, the property owner and/or project proponent must consider the 13 elements of pollution prevention for the maintenance or repair activity, and controls must be developed and implemented for all the elements that pertain to the activity. Minimum Requirement #4 protecting natural drainage systems is met.

b.    The repair of a storm drainage system cannot exceed 250 cubic yards of grading.

c.    Road, shared access, or alleyway maintenance or repair activities cannot expand the roadway prism or cause an expansion of impervious or hard surface.

d.    Maintenance or repair activities cannot change the original County approved design of a road, shared access, alleyway or storm drainage system.

e.    Allowed Minor Maintenance or Repair Activities.

(1)    Pavement maintenance and repair activities such as asphalt overlay, pothole repair, square cut patching, chip seal or other asphalt maintenance coating.

(2)    Sidewalk or pedestrian pathway repair or replacement.

(3)    Curb repair or replacement.

(4)    Driveway approach repair and maintenance.

(5)    Gravel road maintenance and repair.

(6)    Gravel shoulder maintenance and repair.

(7)    Storm drainage system repair.

(8)    Storm drainage system maintenance.

(9)    Vegetation maintenance within private road, shared access or alleyway or other vehicular access easement.

D.    Review.

1.    Initial Review. The Department shall conduct a review of the permit application in accordance with the provisions outlined in Chapter 18.60 PCC, Review Process.

2.    Review Criteria. The County shall review the submitted information to determine if it complies with the provisions of these Regulations.

3.    Burden of Proof. The applicant or Engineer shall show by calculations, plans, and data that the proposed project meets the requirements of this Title.

4.    Director's Authority. The Director shall have the authority to increase requirements to protect the health, safety, and welfare of the public on the basis of information regarding threatened water quality, erosion problems, habitat destruction, historic flooding, protection of uninterruptable services, endangerment to property, or increases in requirements imposed by State or Federal agencies or other pertinent factors.

E.    Application Expiration. The site development permit application will be deemed null and void if the applicant fails to respond to requests by the Department for additional information, corrections, or studies within an accumulative 360 days from the Department's request or within a time period as specified by the Hearing Examiner.

1.    The Director shall have the authority to grant one 60-day extension of time for projects that have received the majority of all required approvals and have submitted documentation that all remaining approvals can be obtained within the 60-day time extension; and

2.    The Director or designee shall have the authority to review an application's permit system record and make any necessary corrections to the application's expiration date that may be a result of inaccurate and/or missed data entries.

F.    Application Renewal. An expired site development application is eligible for renewal under the following conditions:

1.    The project is still vested to the standards in place on the date a complete application was filed; and

2.    The project is substantially unchanged from the original proposal and the intent of renewing the application is to address previous requests for corrections, additional information and/or studies and obtain approval of the site development permit; and

3.    There has not been significant changes in the vicinity of the project, environment surrounding the project, or new information that would substantially change the scope, concept, layout or design of the project.

When the County finds that the above conditions are met the application can be renewed by paying the resubmittal fee.

G.    Site Development Permit Denial. The Director shall deny a site development permit if the proposal does not meet or cannot be modified to meet the requirements set forth in this Title.

H.    Site Development Permit Approval and Issuance. The site development permit will be approved and issued when the following items have been addressed:

1.    Abbreviated Plan or Drainage Control Plan Is Approved. County staff find that the site development drawings, reports, maintenance covenant, and other project documentation comply with this Title and the Stormwater Management and Site Development Manual.

2.    Hearing Examiner Approval and Environmental Determination Completed. Issuance/approval of a site development permit will not occur until necessary land use permit or environmental approvals are obtained in accordance with Title 18 PCC.

3.    Payment of Inspection Fees. The Annual Inspection Fee for the site development permit must be paid.

4.    Financial Guarantees. Any necessary financial guarantees must be received and approved by the County.

5.    Easements and Deeds Completed. Any easements or deeds that have been identified through the review process as being necessary to start construction must be reviewed, approved and executed.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 2004-56s § 1 (part), 2004; Ord. 99-24S § 2 (part), 1999)

17A.10.080 Construction.

This Section addresses the construction phase of the site development permit process including, but not limited to, construction material requirements, start of construction, inspections, change orders, and permit extensions.

A.    Construction Materials.

1.    All materials used in construction of private and County drainage facilities shall meet the current WSDOT standard specifications, AASHTO, and ASTM standards as amended or supplemented by the State or County. The applicant is responsible for contacting the County to obtain any modifications or supplements.

B.    Prior to Starting Construction. Construction shall not start until:

1.    The site development permit has been issued.

2.    Construction Stormwater Pollution Prevention Plan Measures. All initial construction stormwater pollution prevention plan measures must be installed (such as but not limited to construction entrance, silt fence, construction limit fencing).

3.    Pre-Construction Meeting. When required by the County, an on-site pre-construction meeting must be held with the Department Inspector, the contractor(s) and the Engineer.

4.    Right-of-Way Permit Must Be Obtained. Any project that intends to perform construction or improvements within existing County right-of-way shall obtain a right-of-way permit prior to beginning any construction.

C.    Inspections, Right of Entry, Access.

1.    The Director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this Title.

2.    Whenever necessary to make an inspection to enforce any of the provisions of this Title, or whenever the Director has reasonable cause to believe that violations of this Title are present or operating on a subject property or portion thereof, the Director or designee may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this Title; provided, that if such premises or portion thereof is occupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry.

3.    Proper ingress and egress shall be provided to the Director to inspect or perform any duty imposed upon the Director by this Title. The Director shall notify the responsible party in writing of a failure to provide access. If the responsible party fails to respond within seven days from the receipt of notification, the Director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all cost that may be incurred or expended by the County in causing such work to be done shall be imposed on the person holding title to the subject property.

4.    The applicant will be responsible for retaining an engineer to conduct inspections and testing during construction. The number, type, and frequency of inspections and testing will need to be of such an extent and nature that the engineer will be able to accurately and thoroughly complete the Engineer's Inspection Report.

5.    Engineer's Inspection Report. The County shall create an inspection form that will specify what the project's engineer must inspect, measure, and test. The inspection form must include the following:

a.    Project name;

b.    Project description and scope;

c.    Site development permit no.(s);

d.    Project location;

e.    Engineer's name, address, phone and email address;

f.    Standard inspections for frequently used water quantity, or water quality BMPs;

g.    Inspection or testing that require special expertise, special certification, or special equipment;

h.    Inspection items for roads, shared accesses, and alleyways;

i.    Inspections for work in or near critical areas;

j.    Review of record drawings for compliance with the approved design;

k.    County's expectations of engineer for each inspection, review, or test; and

l.    Certification language for the engineer.

D.    Permit (Construction) Time Limit. In order to meet the intents and purposes of this Chapter and to minimize construction impacts, site development work must be completed as soon as reasonably possible. A site development permit is therefore valid for one year from the date of issuance.

1.    Extensions.

a.     Second Year. For site development work that is incomplete but actively under construction, the site development permit will be extended for an additional year upon payment of a second Annual Inspection Fee.

b.     Additional Time Extensions. For site development work that is incomplete but actively under construction, the Director or designee may grant additional one-year time extensions when:

(1)    An applicant can demonstrate that impacts to neighboring properties, downstream receiving waters, and critical areas are not occurring or have been corrected, or will be corrected; and

(2)    The applicable Annual Inspection Fee has been paid.

c.    Expired Site Development Permits. When a site development permit has expired, the Director or designee may revive an expired permit and grant additional one-year time extensions when a project has not commenced site development work, or when a project's site development work is incomplete, when the following conditions are shown:

(1)     An applicant can demonstrate that impacts to neighboring properties, downstream receiving waters, and critical areas are not occurring or have been corrected, or will be corrected; and

(2)    A project has not lost its vesting rights, or a project has lost its vesting rights, but the Director or designee determines that the current version of this Title will not cause significant changes to the previously approved Abbreviated Plan or Drainage Control Plan; and

(3)    The applicable Annual Inspection Fee has been paid.

d.    Expiration of Vesting Rights. When a site development permit has expired and a project has lost its vesting rights and upgrading of the project to the current version of Title 17A PCC will require significant changes to the approved Abbreviated Plan or Drainage Control Plan, the site development permit will not be revived until:

(1)    The Abbreviated Plan or Drainage Control Plan has been revised to meet the current version of Title 17A PCC; and

(2)    The appropriate Review and Annual Inspection Fees have been paid; and

(3)    An applicant can demonstrate that impacts to neighboring properties, downstream receiving waters, and critical areas are not occurring or have been corrected, or will be corrected.

2.    Permits issued for resolution of a site development violation shall be valid for six months unless specified otherwise by the Director. If deemed appropriate by the Director, a single 90-day permit extension may be granted.

3.    All permits issued pursuant to the regulations contained in the 2012 or earlier version of the Stormwater Management and Site Development Manual shall expire on December 5, 2020, except in the following circumstance:

a.    Approved construction has begun on site before December 5, 2020. Beginning construction means, at a minimum, the site work associated with and directly related to the approved project has begun. For example: grading the project site to final grade, or the installation of utilities. Simply clearing the project site does not constitute the beginning of construction.

E.    Changes to Approved Drainage Control Plans or Abbreviated Plans.

1.    Change Order. When the County Inspector or County Review Engineer determines that a contractor- or applicant-initiated plan changes or field revisions are minor, the changes can be approved using a change order process. The County will provide a change order form which will identify the necessary information, process and approval. The form must be completed by the project engineer and submitted to the County for approval.

2.    Revision to Approved Plans. When the County Inspector or County Review Engineer determines that a contractor- or applicant-initiated plan changes or field revisions are major, the changes must follow a formal plan revision process. Major changes will require that the project engineer revise the approved site development drawings and obtain a new approval of each affected sheet(s). A review fee is charged for revision to approved plans.

3.    Record Drawing. Any change orders or revisions to the approved plans must be included in the project record drawings.

(Ord. 2015-48s § 1 (part), 2015)

17A.10.090 Construction Completion.

Prior to final construction approval of site development work the following items must be completed:

A.    County Inspector's Final Punchlist. All items identified on the County Inspector's final punchlist must be completed.

B.    Engineer's Inspection Report Form. This form must be completed by the engineer and submitted to the County.

C.    Record Drawings. Record drawings must be prepared by the engineer and submitted to the County for review and approval.

D.    Defect and Maintenance Financial Guarantee. A Defect and Maintenance Financial Guarantee must be submitted to and accepted by the County.

E.    Performance Monitoring Permit. An application for this permit must be submitted to the County.

F.    Maintenance Covenant must be approved by the County, executed and recorded with the Pierce County Auditor.

G.    Permanent stabilization of the site soils must be achieved.

H.    All necessary easements and deeds must be approved by the County, executed, and recorded.

(Ord. 2015-48s § 1 (part), 2015)

17A.10.100 Final Building Inspections for Structures.

Final occupancy and/or final inspection approval of residential, commercial, and industrial structures will not be granted until such time that final site development construction approval is achieved in accordance with PCC 17A.10.090. (Ord. 2015-48s § 1 (part), 2015)

17A.10.110 Issuance of Single-Family Building Permits in Subdivisions.

The County will not issue single-family building permits in subdivisions, including short subdivisions, and large lot divisions, until all necessary drainage improvements, roads, shared accesses or alleyways are completed, with the exception that minor items that may be damaged during homebuilding (such as sidewalks, street trees, or street illumination) may be financially guaranteed. (Ord. 2015-48s § 1 (part), 2015)

17A.10.120 Performance Monitoring Permit.

During this phase of the development process the County performs periodic monitoring of completed projects. The intent of this monitoring is to look for defects in the constructed infrastructure (such as improper infiltration or settling pavement) that may not have been obvious during construction or that may not have appeared until after final construction approval. The duration of the performance monitoring period is from final construction approval until the last remaining financial guarantee associated with the project has been released by the County. Fees for this permit shall be in accordance with Title 2 PCC. (Ord. 2015-48s § 1 (part), 2015)

17A.10.130 Record Drawing Requirements.

Record drawings must be prepared by the engineer based on as-built survey data and must include the following:

A.    Storm drainage detention, retention and water quality facility finished contours, elevations and dimensions such that key aspects of the approved design can be verified such as required detention volume, required retention volume, required volumes based on key elevations, overflow elevations, spillway elevations, invert elevations, orifice elevations, orifice sizes, etc.

B.    Invert and rim elevations of catchbasins and pipe outfalls, pipe sizes, pipe slopes such that verifications can be made that conveyance systems have been built in accordance with this Title.

C.    Finished contours and key spot elevations for areas that require specialized or detailed grading such as areas that will be providing compensatory flood storage, or areas that provide for a stormwater overflow route.

D.    Verification of required vehicle sight distances when requested by the County.

The approved site development drawings shall be used as the base drawing for the record drawings. The record drawings shall be prepared using common drafting standards. It is preferred that the original design dimensions, elevations, etc., are struck through and the actual number is written immediately adjacent to the strike out. The engineer that prepares the record drawings shall mark them as "Record Drawings." (Ord. 2015-48s § 1 (part), 2015)

17A.10.140 Completion of the Site Development Process.

The site development permit process is complete when the County has released any associated financial guarantees and the monitoring phase has been completed. (Ord. 2015-48s § 1 (part), 2015)

17A.10.150 Acceptance of Public Drainage Facilities. Revised 3/18

Unless otherwise approved by the Director of Planning and Public Works or the County Engineer, the County will not accept a dedication of a tract or an easement until such time that the storm drainage facilities have been constructed and received final construction approval. (Ord. 2017-12s § 2 (part), 2017; Ord. 2015-48s § 1 (part), 2015)

17A.10.160 Maintenance of Private Drainage Facilities.

A.    If a project's drainage facilities are not dedicated to and accepted by the County, and if the project is a subdivision, short subdivision, or large lot division established pursuant to Title 18F PCC, the applicant shall form a Property Owners' Association. The document creating the Property Owners' Association shall at a minimum make provision for all of the following:

1.    Members of the Property Owners' Association shall be responsible for maintenance of storm drainage facilities;

2.    Inclusion by reference of the operation and maintenance manual prepared by the project engineer in accordance with the Manual;

3.    Power to assess fees to maintain storm drainage facilities; and

4.    Responsibility for payment of financial sanctions/repayments should the County have to conduct repairs/activities due to hazardous conditions.

B.    A maintenance covenant will be recorded with the Pierce County Auditor for the plat and recorded against each lot within the subdivision, short subdivision, or large lot division.

C.    If the project is other than a subdivision, short subdivision, or large lot division the applicant will describe the organization or persons that will own and maintain the facility and show how maintenance activities will be financed (refer to the Manual).

(Ord. 2015-48s § 1 (part), 2015)

17A.10.170 Issuance of Related Permits.

When a project requires a site development permit the County will not issue building permits, forest practice permits or other permits that authorize construction or earth disturbing activities until the site development permit has been issued. (Ord. 2015-48s § 1 (part), 2015)

17A.10.180 Variances.

A.    Purpose. The purpose of this Section is to provide a means of altering the requirements of this Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties because of special features or constraints unique to the property involved.

B.    Granting of Variances. The Director shall have the authority to grant a Variance from the provisions of this Title, when, in the opinion of the Director, the conditions as set forth in subsection C. of this Section have been met. In such cases, a Variance may be granted which is in harmony with the general purpose and intent of this Title so that the spirit of this Title shall be observed, public safety and welfare secured, and substantial justice done.

C.    Required Showings (Findings) for a Variance. Before any Variance may be granted, it shall be shown:

1.    Said requirements impose a severe and unexpected economic hardship on the project applicant, and further, the following has been considered and documented with written findings:

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

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

c.    The possible remaining uses of the site if the exception were not granted; and

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

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

f.    The feasibility for the owner to alter the project to apply the minimum requirements.

2.    The exception will not increase risk to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to quality of waters of the State; and

3.    The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements.

D.    Conditions on Variances. When granting a Variance, the Director shall determine that the circumstances do exist as required by subsection C. of this Section, and attach specific conditions to the Variance which will serve to accomplish the standards, criteria, and policies established by this Title.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999. Formerly 17A.10.080)

17A.10.190 Technical Equivalency.

A.    The Director or designee may make determinations of technical equivalency regarding the requirements contained in this Chapter; provided, that all of the following are met:

1.    The determination of technical equivalency will not otherwise result in non-compliance with minimum requirements set forth in the Pierce County Stormwater Management and Site Development Manual;

2.    The determination of technical equivalency will not violate the development conditions imposed upon the project;

3.    The determination of technical equivalency will produce a compensating or comparable result which is in the public interest;

4.    The determination of technical equivalency will meet the objectives of safety, function, appearance, environmental protection, and maintainability based on sound engineering judgment.

B.    The Director or designee shall make written findings supporting the determination of technical equivalency.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2015-25s § 2 (part), 2015; Ord. 99-24S § 2 (part), 1999. Formerly 17A.10.090)

17A.10.200 Hazards.

A.    Whenever the Director determines that any existing construction site, erosion/sedimentation problem, and/or drainage facility poses a hazard to life and limb, endangers any property, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of County right-of-way, utilities, and/or other property owned or maintained by the County, the applicant/person to whom a permit was issued, the owner of the property, the applicant/person responsible for maintenance, and/or other person or agent in control of said property, upon receipt of notice in writing from the Director, shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this Chapter.

B.    Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he/she may take the measures necessary to eliminate the hazardous situation; provided, that he/she shall first make a reasonable effort to locate the owner before acting. In such instances, the applicant, of whom a drainage plan was required pursuant to this Title, owner of the property, and/or person responsible for the maintenance of the facility shall be obligated for payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this Title or other County requirement has been posted, the Director shall have the authority to collect against the financial guarantee to cover costs incurred.

(Ord. 2015-48s § 1 (part), 2015; Ord. 99-24S § 2 (part), 1999. Formerly 17A.10.100)

17A.10.210 Reconsideration and Appeal Procedures.

Procedures for appeal of an administrative decision and procedures for reconsideration or appeal of a Hearing Examiner decision issued pursuant to this Title are set forth in Chapter 1.22 PCC. (Ord. 2015-48s § 1 (part), 2015; Ord. 99-24S § 2 (part), 1999. Formerly 17A.10.110)

17A.10.220 Penalties and Enforcement.

The regulations for compliance with the provisions of this Title are set forth in Chapter 18.140 PCC, Compliance. (Ord. 2015-48s § 1 (part), 2015; Ord. 2010-70s § 5, 2010; Ord. 2004-56s § 1 (part), 2004; Ord. 99-24S § 2 (part), 1999. Formerly 17A.10.130)

17A.10.230 Archaeological Sites.

Development of archaeological sites shall be done in accordance with Chapter 14.04 PCC and Chapter 25-48 WAC, as now adopted or as may be amended, or other applicable County, State, or Federal law. (Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999. Formerly 17A.10.150)

17A.10.240 Severability.

If any provision of this Title or its application to any person or circumstances is held invalid, the remainder of this Title or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2015-48s § 1 (part), 2015; Ord. 99-24S § 2 (part), 1999. Formerly 17A.10.160)