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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 Department, Agency or Office within Pierce County Government. When the applicant or proponent of a development or redevelopment is a department, agency or office within Pierce County government, a site development permit is not required when the department, agency or office:

a. Complies with the requirements of Title 17A PCC and the Pierce County Stormwater Management and Site Development Manual; and

b. Uses qualified staff and has established procedures and programs to:

(1) Review each project's stormwater plans and specifications to ensure compliance with Title 17A PCC and the Pierce County Stormwater Management and Site Development Manual; and

(2) Produce Drainage Control Plan and Abbreviated Plan documents in accordance with Volume 1 of the Pierce County Stormwater Management and Site Development Manual; and

(3) Inspect all projects prior to clearing and construction that have a high potential for sediment transport; and

(4) Inspect projects during construction to verify proper installation and maintenance of required erosion and sediment controls; and

(5) Inspect projects during and upon the completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities; and

(6) Verify that a maintenance plan is completed and responsibility for maintenance for stormwater treatment and flow control best management practices/facilities is assigned; and

(7) Keep records of inspections and enforcement actions by staff, including inspection reports, warning letters, notices of violations, and other enforcement records.

The Director shall have the authority to determine whether the department, agency or office has appropriately qualified staff, programs and procedures to meet the requirements identified above.

3. Public and Private Utility Line Work. Public and private utility line work (new construction, maintenance and repair) does not require a site development permit when:

a. The utility line work is located within County right-of-way; and

b. The ground surface is replaced with in-kind materials with similar runoff characteristics; and

c. A Construction Stormwater Pollution Prevention Plan is implemented that meets Minimum Requirement # 2 (reference section 2.4.2, Volume 1 of the Manual); and

d. The work is performed in accordance with the Manual on Accommodating Utilities in Pierce County Rights-of-Way.

4. 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.

5. 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. 2021-45 § 1, 2021; Ord. 2020-94s § 1 (part), 2020; 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)