Chapter 16.30
ADJUSTMENTS
Sections:
16.30.020 Types of adjustments.
16.30.040 Criteria for granting adjustments.
16.30.050 Experimental design adjustments.
16.30.060 Adjustment application and review process.
16.30.010 Purpose and timing.
An applicant seeking approval under this title for a regulated activity may seek the approval of the director to vary from one of the core or special requirements under FWRC 16.25.010, or any other specific requirement or standard contained in the KCSWDM and Federal Way Addendum. Proposed adjustments should be approved prior to final permit approval, but the director may approve an adjustment up to the time the director approves final construction or accepts drainage facilities for maintenance.
(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-17.)
16.30.020 Types of adjustments.
There are five types of adjustments, as follows:
(1) Standard adjustments;
(2) Complex adjustments;
(3) Preapplication adjustments;
(4) Experimental design adjustments;
(5) Blanket adjustments.
The appropriate use for each adjustment type is described in the KCSWDM.
(Ord. No. 09-630, § 13, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-18.)
16.30.030 Authority.
The director shall have authority to approve or deny all five types of adjustments for any regulated activity requiring drainage review under this title.
(Ord. No. 09-630, § 14, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-19.)
16.30.040 Criteria for granting adjustments.
Adjustments to the requirements in the KCSWDM and Federal Way Addendum may be granted; provided, that the adjustment will:
(1) Produce a result comparable to that which would be achieved by satisfaction of the KCSWDM and Federal Way Addendum requirements, and which is in the public interest; and
(2) Meet the objectives of safety, function, appearance, environmental protection, and maintainability based on sound engineering judgment.
If an applicant demonstrates to the director’s satisfaction that meeting either the KCSWDM and Federal Way Addendum requirements, or the requirement to produce a comparable result, will deny the applicant reasonable use of his or her property, approval of the adjustment will require an adjustment criteria exception to be approved by the city of Federal Way as described in Section 1.4.2, Criteria for Granting Adjustments, of the KCSWDM.
Any adjustment that would conflict with the requirements of any other title of the Federal Way Revised Code must first be reviewed and approved by the department responsible for administration of that title.
(Ord. No. 09-630, § 15, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-20.)
16.30.050 Experimental design adjustments.
Adjustments utilizing an experimental water quality facility or flow control facility may be approved by the director on a limited basis if the following criteria are met:
(1) The experimental design is likely to meet the identified target pollutant removal goal or flow control performance based on performance data and theoretical considerations; and
(2) Construction of the facility can, in practice, be successfully carried out; and
(3) Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner; and
(4) The applicant or property owner contributes a share of the cost of monitoring to determine facility performance.
The director may condition approval of an experimental design adjustment upon the applicant’s agreement to reserve sufficient land area and post a bond or other financial guarantee satisfactory to the director, for construction of a conventional facility should the experimental facility fail. The director may approve release of the set aside area and financial guarantee upon proof of operation of the experimental facility to the satisfaction of the director.
(Ord. No. 09-630, § 16, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-21.)
16.30.060 Adjustment application and review process.
(1) Timing. Requests for standard and complex adjustments will be accepted only for permits pending approval or approved permits that have not yet expired. Applications for preapplication adjustments and experimental design adjustments may be submitted prior to permit application if the applicant provides justification at a preapplication meeting with public works that an adjustment decision is needed to determine the viability of the proposed project. There is no application process for blanket adjustments because they are initiated and issued solely by the city.
(2) Submission of application. The completed adjustment request application forms must be submitted to the director, along with sufficient engineering information (described in Chapter 2 of the KCSWDM and Federal Way Addendum) to evaluate the request. The application shall identify the specific requirement for which the adjustment is sought.
(3) Review of application. The director or his or her designee will review and either approve or deny the adjustment request in writing following the director’s determination that all necessary information has been received from the applicant. Approvals of standard and complex adjustments will expire upon expiration of the permit to which they apply. Approvals of preapplication adjustments will expire one year after the approval date, unless a complete permit application is submitted and accepted. If a criteria exception is required for the adjustment, the director may require additional engineering or information to document that denial of reasonable use would occur, that every effort was made to achieve compliance, and that the best practicable alternative will not cause significant adverse impacts.
(4) Blanket adjustments. Blanket adjustments may be issued by the director based on:
(a) A previously approved standard, complex, preapplication, or experimental design adjustment and supporting documentation; and
(b) Information describing the need for the blanket adjustment. Typically, blanket adjustments should apply globally to design or procedural requirements and be independent of site conditions.
(Ord. No. 09-630, § 17, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-22.)
16.30.070 Appeal procedure.
(1) Appeal procedure. The applicant may appeal the denial or approval conditions of an adjustment request or criteria exception decision by submitting a formal letter to the director within 15 working days of the decision. This letter must include justification for review of the decision, along with a copy of the adjustment request with the conditions (if applicable) and a listing of all previously submitted material. The department director shall respond to the applicant in writing within 15 working days; this decision shall be final and not subject to subsequent appeal, either independently or as part of an appeal of overall project land use or building permit approval. A per-hour review fee will be charged to the applicant for the director’s review of an appeal.
(2) Director’s decision on appeal. The public works director or designee may grant an exception from the adjustment denial or approval conditions or criteria exception decision; provided, that the director finds that the request satisfies the following criteria:
(a) The exception provides 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, are fully met;
(b) That there are special physical circumstances or conditions affecting the property such that the intent of the core and special requirements has been met;
(c) That granting of the exception 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
(d) The exception is the least possible exception that could be granted to comply with the intent of the core and special requirements.
Exceptions granted shall expire upon expiration of the permit to which they apply.
(Ord. No. 09-630, § 18, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-23.)