17B.10.090 Deviations | Pierce County Code

17B.10.090 Deviations.

A. Public Roads. No deviation from the adopted standards, contained in PCC 17B.10.060, on public roads may be made without first obtaining the approval of the County Engineer.

1. Request. The Engineer making a request to gain approval for alternative designs which deviate from the adopted standards shall submit the request directly to the Office of County Engineer.

2. Review. The County Engineer will review the Engineer's deviation request, together with all supportive material provided to justify the deviation request, and any staff review and recommendations. When reviewing a deviation request, the County Engineer will evaluate the request to determine if the proposal produces a compensating or comparable result which is in the public interest and that the proposal meets the requirements for safety, function, fire protection, appearance and maintainability utilizing the evaluation criteria outlined in PCC 17B.10.090 A.3. The County Engineer shall prepare written findings of fact and conclusions concerning the deviation request. The County Engineer will grant or deny a deviation request in full or in part based on these findings of fact and conclusions. When granting a deviation, the County Engineer may attach specific conditions to the deviation which will serve to accomplish the intent of standards, criteria, and established policies. Deviations must receive the approval of the County Engineer before road construction plans can be approved.

a. The County Engineer recognizes that State of Washington has set minimum standards in accordance with Chapter 35.78.030 RCW, and is required to meet these standards when granting a deviation. Before any deviation may be granted, it shall be shown:

(1) That the granting of such deviation will produce compensating or comparable results, adequate for the road users and the general public;

(2) That the granting of such deviation will not violate any development related conditions imposed upon the project;

(3) That the granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvement in such vicinity in which the subject property is located;

(4) That such deviation is based on sound engineering judgment, and that requirements for safety, function, appearance, environmental protection, and maintainability are fully met.

b. The County Engineer may grant a deviation from the minimum technical requirements only upon submittal of additional information, plans and/or design data by an Engineer showing that the requested deviation is safe, in the best interest of the public, and will not impose undue maintenance costs on Pierce County, if applicable.

4. Re-examination Procedure. The Engineer may seek a re-examination of the original request by transmitting a letter to the County Engineer outlining exceptions taken to the County Engineer's findings. The Engineer shall provide additional details specifically addressing the exceptions being taken in order to enable the County Engineer to conduct additional evaluation of the request. The County Engineer will be the final authority in resolving disputes concerning questions of fact in connection with the adopted standards contained in PCC 17B.10.060, as set forth in Chapter 36.75.020 RCW, County roads--County Legislative Authority as Agent of State--Standards.

B. Private Facilities. No deviation from the adopted standards contained in PCC 17B.10.060 may be made without first obtaining the approval of the Director of Planning and Public Works.

1. Request. The Engineer making a request to gain approval for alternate designs which deviate from the adopted standards shall submit the request to the Department of Planning and Public Works.

2. Review. The Director of Planning and Public Works will review the Engineer's deviation request, together with all supportive material provided to justify the deviation request, and any staff review and recommendations. When reviewing a deviation request, the Director of Planning and Public Works will evaluate the request to determine if the proposal produces a compensating or comparable result which is in the public interest and that the proposal meets the requirements for safety, function, fire protection, appearance and maintainability utilizing the evaluation criteria outlined in PCC 17B.10.090 B.3. The Director of Planning and Public Works shall prepare written findings of fact and conclusions concerning the deviation request. The Director of Planning and Public Works will grant or deny a deviation request in full or in part based on these findings of fact and conclusions. When granting a deviation, the Director of Planning and Public Works may attach specific conditions to the deviation which will serve to accomplish the intent of standards, criteria, and established policies. Deviations must receive the approval of the Director of Planning and Public Works before road construction plans can be approved.

3. Evaluation Criteria. When reviewing a request for alternate designs, the Director of Planning and Public Works will evaluate the proposal under the following criteria:

a. That the granting of such deviation produces compensating or comparable results, adequate for the road users and/or the general public interest;

b. That the granting of such deviation will not violate any development related conditions imposed upon the project;

c. That the granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity in which the subject property is located;

d. That such deviation is based upon sound engineering judgment, and that requirements for safety, function, appearance, fire protection, environmental protection, and maintainability are fully met.

a. When granting a deviation, the Director of Planning and Public Works may attach specific conditions to the deviation which will serve to accomplish the intent of standards, criteria, and established policies. These conditions will be incorporated into the site development permit requirements.

b. Any requests for deviations must receive final approval before site development permits can be approved.

c. Decisions of the Director of Planning and Public Works are final and conclusive and may not be appealed separately from the final decision on the site development permit.

C. Planned Development District. Planned Development District proposals which contain road and/or bridge designs which otherwise require a deviation as provided in PCC 17B.10.090 A. or B. will be considered requested upon submittal of the Planned Development District, provided, specific approval for each deviation is given by the County Engineer, in the case of public roads, and by the Director of Planning and Public Works, in the case of private roads, prior to the Planned Development District receiving preliminary approval.