24.06.065 Minimum requirements for new development and redevelopment

24.06.065 Minimum requirements for new development and redevelopment.

1. The minimum requirements (MRs) contained in this section shall apply to new development, redevelopment, and construction activities that result in land disturbing activity or otherwise meet the thresholds defined herein; and

2. In addition to the minimum requirements of this section, property owners shall comply with all applicable provisions contained in the SWMMWW, engineering standards, Chapter 23.76 BCC (Clearing and Grading Code), BCC Title 20, and any other applicable codes or standards.

B. Exemptions. Unless otherwise indicated in Appendix 1, Section 1 of the Western Washington Phase II Municipal Stormwater Permit, the practices described in Appendix 1, Section 1 are exempt from the minimum requirements, even if such practices meet the definition of new development or redevelopment.

1. The director may approve a request for an exception/variance (exceptions) to the minimum requirements when the applicant demonstrates that the exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state, and the exception is the least possible exception that could be granted to comply with the intent of the minimum requirements, and:

a. The requirement would cause a severe and unexpected financial hardship that outweighs the requirement’s benefits, and the criteria for an adjustment cannot be met;

b. The requirement would cause harm or a significant threat of harm to public health, safety, and welfare, the environment, or public and private property, and the criteria for an adjustment cannot be met;

c. The requirement is not technically feasible, and the criteria for an adjustment cannot be met; or

d. An emergency situation exists that necessitates approval of the exception;

2. An exception shall only be granted to the extent necessary to provide relief from the economic hardship, to alleviate the harm or threat of harm, to the degree that compliance with the requirement becomes technically feasible, or to perform the emergency work that the director determines exists;

3. The director may require an applicant to provide additional information at the applicant’s expense, including but not limited to an engineer’s report or analysis;

4. When an exception is granted, the director may impose new or additional requirements to offset or mitigate harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted;

5. Public notice of an application for an exception and of the director’s decision on the application shall be provided for in the manner prescribed for process II land use decisions as set forth in Chapter 20.35 LUC;

6. The director’s decision shall be in writing with written findings of fact. Decisions approving an exception based on severe and unexpected economic hardship shall address all the factors contained in subsection (C)(7) of this section;

7. An application for an exception on the grounds of severe and unexpected financial hardship shall describe, at a minimum, all of the following:

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

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

f. The feasibility of the applicant to alter the project to apply the minimum requirements of this section;

8. An applicant aggrieved by the director’s decision on an application for an exception may appeal the decision to the hearing examiner’s office by complying with the appeal process for process II decisions as set forth in LUC 20.35.250;

9. The hearing examiner shall affirm the director’s decision unless the examiner finds the decision is clearly erroneous based on substantial evidence. The applicant for the exception shall carry the burden of proof on all issues related to justifying the exception; and

10. The director shall keep a record, including the director’s findings of fact, on all approved requests for exceptions.

1. The director may approve adjustments to the minimum requirements of this section, and shall prepare written findings of fact, when the director finds the following:

a. The adjustment provides substantially equivalent environmental protection; and

b. The objectives of safety, function, environmental protection, and facility maintenance are met, based on sound engineering practices;

2. During construction, the director may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be adjusted if physical conditions are discovered on the site that are inconsistent with the assumptions on which the approval was based, including but not limited to unexpected soil and/or water conditions, weather generated problems, or changes in the design of the improved areas; and

3. A request by the applicant for an adjustment shall be submitted to the director prior to implementation. The request shall be in writing and shall provide facts substantiating the requirements of subsection (D)(1) of this section and, if made during construction, the factors in subsection (D)(2) of this section. Any such modifications made during the construction of drainage control facilities shall be included with the final approved drainage control plan.

1. All new development shall comply with minimum requirement 2 as set forth in this section and Chapter 23.76 BCC;

2. The thresholds used to determine the applicability of the minimum requirements to new development are as specified in Appendix 1, Section 3.2 of the Western Washington Phase II Municipal Stormwater Permit.

1. All redevelopment shall comply with minimum requirement 2 as set forth in this section and Chapter 23.76 BCC;

2. The thresholds and additional requirements used to determine the applicability of the minimum requirements to redevelopment are as specified in Appendix 1, Sections 3.3 and 3.4 of the Western Washington Phase II Municipal Stormwater Permit.

G. Minimum Requirements. The minimum requirements for stormwater management at new development and redevelopment sites are as specified in Appendix 1, Section 4 of the Western Washington Phase II Municipal Stormwater Permit, the SWMMWW, and supplemented by engineering standards where applicable. The following requirements also supplement the minimum requirements:

1. Construction Stormwater Pollution Prevention Plan (SWPPP) (MR2). The regulations associated with this minimum regulation are contained in the clearing and grading code, located at Chapter 23.76 BCC;

2. Flow Control (MR7). Flow control is not required for properties within the Meydenbauer Drainage Basin to the extent provided for in Ordinance No. 3372 . (Ord. 6321 § 21, 2016; Ord. 5905 § 1, 2009.)