40.386.030    Administration

A.    General.

1.    An applicant proposing any new development, redevelopment, land-disturbing activity or drainage project governed by this chapter shall submit to Clark County the plans, studies, and information described in the Clark County Stormwater Manual. The purpose of the stormwater plan is to determine whether a proposal can meet the requirements set forth in this chapter.

2.    All plans, studies, and reports submitted pursuant to this chapter must be stamped, signed and dated by an engineer, and other licensed professionals if appropriate, responsible for their preparation.

3.    Stormwater site plans are exempt from the requirement to be prepared by an engineer for projects that only apply minimum requirements No. 1 through No. 5 for construction of agricultural or residential buildings and their appurtenances on an existing lot. Alterations to an existing site plan prepared by a licensed engineer are not exempt.

B.    Preliminary Stormwater Plan.

1.    As part of a land use application, the applicant shall submit a preliminary stormwater plan meeting the requirements of the Clark County Stormwater Manual for all new development, redevelopment, land-disturbing activities or drainage projects not exempted by Section 40.386.010(C).

2.    A preliminary stormwater plan submittal shall consist of a preliminary development plan and a preliminary technical information report (TIR). The engineer shall include a statement that all required information is included and that the proposed stormwater facilities are feasible.

C.    Final Stormwater Plan.

1.    The applicant shall submit a final stormwater plan and shall obtain approval of the final stormwater plan from the responsible official prior to beginning construction related to any new development, redevelopment, land-disturbing activity or drainage project not exempted by Section 40.386.010(C). The final stormwater plan provides final engineering design and construction drawings in accordance with the Clark County Stormwater Manual.

2.    The final stormwater plan must include a construction stormwater pollution prevention plan (SWPPP) prepared in accordance with the Clark County Stormwater Manual for any new development, redevelopment, land-disturbing activity or drainage project not exempted by Section 40.386.010(C).

3.    If a final stormwater plan differs from the approved preliminary stormwater plan in a manner that, in the opinion of the responsible official, raises significant water quality or quantity control issues, it shall require another SEPA determination (if subject to the State Environmental Policy Act (SEPA)) and a post-decision review, in accordance with Section 40.520.060.

D.    Plan Review Process.

1.    For a land use application requiring a public hearing, the Hearings Examiner shall consider the preliminary stormwater plan in accordance with the procedures applicable to the land use application. All other preliminary stormwater plans shall be acted on by the responsible official within the timeline for the preliminary land use decision.

2.    Variances. For purposes of this chapter, the following requirements shall apply with regard to variances:

a.    Type I and Type II (Administrative) Variances. The responsible official may grant an administrative variance to the standards of this chapter using a Type I or Type II process pursuant to Sections 40.510.010 and 40.510.020 prior to permit approval and construction; provided, that the requested change is due to site specific conditions and the intent of this chapter is met.

    These variances are limited to changes to design and construction of stormwater infrastructure and must meet the following criteria:

(1)    All minimum requirements of the Clark County Stormwater Manual are fully met;

(2)    The change does not result in a decrease in materials grade or quality; and

(3)    The change must be approved by the responsible official as acceptable for maintenance access and repairs.

b.    Type III Variances. The Hearings Examiner may grant a variance from the requirements of this chapter using a Type III process pursuant to Section 40.510.030 prior to permit approval and construction; provided, that the provisions of this chapter are met. Written findings of fact are required that address the following:

(1)    The application of the minimum requirements would impose a severe and unexpected hardship;

(2)    The variance would provide for equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, would be fully met;

(3)    There are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the developer of all reasonable use of the property of land in question, and all feasible efforts to meet the intent of the requirements have been made, considering the following:

(a)    The current (preproject) use of the site;

(b)    How the application of the minimum requirements would restrict the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements;

(c)    The possible remaining uses of the site if the variance were not granted;

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

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

(f)    Whether it is feasible for the owner to alter the project to comply with the minimum requirements.

(4)    That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and

(5)    The variance is the least possible variance that could be granted to comply with the intent of this chapter.

E.    Inspection. The responsible official shall inspect all new development, redevelopment and drainage projects to ensure compliance with this chapter and the standards of the Clark County Stormwater Manual.

1.    The project applicant must schedule a preconstruction conference and preconstruction inspection to ensure that stormwater and erosion control BMPs are in place and access to public right-of-way is properly installed.

2.    The project applicant shall obtain approval on all inspections necessary to manage the project and comply with the Clark County Stormwater Manual.

3.    The project applicant shall inspect all temporary erosion and sedimentation BMPs throughout construction to verify proper installation and maintenance of required soil erosion and sediment controls.

4.    The responsible official shall inspect new development, redevelopment and drainage projects sites upon completion of construction and before final approval/occupancy to verify proper installation of permanent erosion controls, stormwater facilities, and BMPs and compliance with this chapter and the Clark County Stormwater Manual.

F.    Acceptance. When the project applicant requests construction acceptance of stormwater facilities the applicant shall follow the procedures set forth in the Clark County Stormwater Manual.

G.    Record Drawings.

1.    Upon completion of the construction of conveyance systems, stormwater treatment facilities, flow control facilities and structural source control BMPs (excluding the construction of nonengineered on-site stormwater management BMPs) and prior to final inspection approval, the applicant shall submit to Clark County record drawings of the full stormwater plan prepared and stamped by a licensed engineer.

2.    The drawings must accurately represent the project as constructed. They must depict the actual vertical and horizontal locations of roads and drainage facilities constructed on and off site as part of the development, redevelopment, land-disturbing activity or drainage project. Record drawings must be stamped, signed and dated by an engineer and must meet the standards contained in the Clark County Stormwater Manual.

(Added: Ord. 2015-11-24; amended: Ord. 2021-06-02)