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) Construction already completed has been performed in a manner that substantially conforms with the approved plans and 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) Construction already completed has been performed in a manner that substantially conforms with the approved plans and 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 stormwater regulations with an effective date prior to December 5, 2015, shall expire on July 1, 2021, unless approved construction has begun on site before this date. All permits issued pursuant to the stormwater regulations with an effective date between December 4, 2015, and July 1, 2021, shall expire on July 1, 2026, unless approved construction has begun on site before this date. For purposes of this Section, "construction has begun" means the site work associated with and directly related to the approved project has begun. For example, mass grading, or the installation of utilities, have commenced and are actively progressing. Simply clearing the project site does not constitute the start of construction.
For the purposes of this Section, "actively progressing" means that construction crews are on site on a daily or weekly basis and significant and visible progress is being made toward the completion of the project. As some elements of a project must be constructed during the drier part of the year or when groundwater levels are low, it is understood that minimal progress may be made during the wet season from October 1st through April 30th. However, to be considered "actively progressing," permitted projects must immediately resume construction activity at the levels described above upon completion of the wet season.
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.