Chapter 15.32
DRAINAGE OF SURFACE WATER
Sections:
15.32.040 Regulated activities and allowed activities.
15.32.050 General requirements.
15.32.010 Purpose.
The provisions of this chapter are intended to protect the city’s surface and ground water quality by providing minimum requirements for reducing and controlling the discharge of pollutants to stormwater conveyance systems owned and maintained by the city. The city recognizes that water quality degradation can result either directly from one discharge or through the collective impact of many small discharges. Therefore, this chapter prohibits the discharge of pollutants into drainage facilities and outlines preventive measures to restrict pollutants from entering such facilities.
It is the purpose of this chapter to:
A. Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands, Puget Sound, and other water bodies;
B. Minimize the impact of increased runoff, erosion, and sedimentation caused by land development and maintenance practices;
C. Maintain and protect groundwater resources;
D. Minimize adverse impacts of alterations on ground and surface water quantities, locations, and flow patterns;
E. Decrease potential landslide, flood, and erosion damage to public and private property;
F. Promote site planning and construction practices that are consistent with natural, topographical, vegetative, and hydrological conditions;
G. Maintain and protect the city stormwater management infrastructure and those downstream;
H. Provide a means of regulating the clearing and grading of private and public land in a manner that minimizes water quality impacts in order to protect public health and safety;
I. Provide minimum development regulations and construction procedures which will preserve, replace, or enhance existing vegetation to preserve and enhance the natural qualities of lands, wetlands, and water bodies; and
J. Require use of low impact development BMPs in order to manage stormwater flows on site. (Ord. 2080 § 1, 2022; Ord. 1954 § 16, 2016; Ord. 1685 § 1 (Exh. A), 2009; Ord. 1196 § 3, 1995).
15.32.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.
B. “Approval” means the proposed work or completed work conforms to this chapter in the opinion of the city engineer.
C. “Clean Water Act” means the federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.
D. “Ecology” means the Washington State Department of Ecology.
E. “Experimental BMP” means a best management practice (“BMP”) that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.
F. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
G. “Hyperchlorinated” means water that contains more than 10mg/liter chlorine.
H. “Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.
I. “Low impact development best management practices (BMPs)” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse.
J. “Manual” or “stormwater management manual” means the 2019 Edition of the Stormwater Management Manual for Western Washington, adopted by reference and prepared by Ecology that contains BMPs to prevent or reduce pollution.
K. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned and operated by the city of Fife;
2. Designed or used for collecting or conveying stormwater;
3. Which is not part of a publicly owned treatment works (POTW). “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and
4. Which is not a combined sewer. “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.
L. “Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
M. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
N. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
O. “Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational source control BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. Source control BMPs are listed and described in the manual.
P. “Spill” means an unauthorized discharge of a pollutant or other substance that is not composed entirely of stormwater into the municipal stormwater system, groundwater, a receiving water, or the ground surface. The definition does not include allowable or conditional nonstormwater discharges which are authorized pursuant to FMC 15.32.055.
Q. “Storm drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
R. “Stormwater pollution prevention plan” (“SWPPP”) means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. (Ord. 2080 § 2, 2022; Ord. 1954 § 17, 2016; Ord. 1940 § 1, 2016; Ord. 1859 § 87, 2014; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1698 § 1, 2009; Ord. 1685 § 1 (Exh. A), 2009; Ord. 1670 § 1, 2008; Ord. 1196 § 4, 1995).
15.32.030 General provisions.
A. Abrogation and Interpretation. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. When any provision of any other chapter of the FMC conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application, and shall be liberally construed to serve the purposes of this chapter.
The public works department is authorized to adopt procedures for the purpose of carrying out the provisions of this chapter.
B. Stormwater Drainage Permits. Any person proposing development or redevelopment of a parcel that falls within the parameters of this chapter shall be required to submit an application for a stormwater drainage permit to the city of Fife. The application shall include:
1. The name and address of the applicant;
2. The name and address of the property owner;
3. The exact location of the proposed work by street address and/or parcel number;
4. Civil drawings and other information required by the manual;
5. Low impact development requirements as required by FMC Title 21; and
6. Other information as requested.
The application will be reviewed by the public works department, the city engineer, the local drainage district, and other applicable agencies as determined by the city of Fife public works director.
C. Regulated Activities. Prior to fulfilling the requirements of this chapter, Fife shall not grant any approval or permission to conduct a regulated activity. Regulated activities include but are not limited to the following permits and approvals: building permit; binding site plan; conditional use permit; grading and clearing permit; right-of-way permit; shoreline substantial development permit; variance, rezone, subdivision or any subsequently adopted permit or required approval not expressly exempted by this chapter.
D. Permit Issuance. Regulated activities that require a stormwater site plan under this chapter shall only be conducted after the city of Fife approves the plan. Upon approval of the stormwater site plan, the city of Fife shall issue a storm drainage permit.
E. Storm Drainage Plan Check Fees. A fee for storm drainage plan check shall be charged to all storm drainage plan submittals. The purpose of the fee is to recover all costs associated with the plan review. The amount of the fee shall be the actual costs incurred by the city engineer in reviewing the plans, consulting fees charged for meetings conducted in reference to the storm drainage plan, plus a 15 percent administrative fee. The city shall not issue any permits for a parcel until the storm drainage plan check fee has been paid in full. A partial payment of the drainage plan check fee shall be collected at the time the storm drainage plan is submitted to the city.
The current fee schedule relating to this section of the Fife Municipal Code is available at Fife City Hall and at the city of Fife’s website: www.cityoffife.org. (Ord. 1783 § 1 (Exh. A), 2012; Ord. 1746 § 1 (Exh. A), 2011; Ord. 1685 § 1 (Exh. A), 2009; Ord. 1670 § 2, 2008; Ord. 1196 § 5, 1995).
15.32.035 Adoption.
Table 3-G (Grading Plan Review Fees) and Table 3-H (Grading Permit Fees) contained in the 1997 Edition of the Uniform Administrative Code, published by the International Conference of Building Officials, and all subsequent amendments thereto, are hereby adopted by reference. (Ord. 1810 § 1, 2012).
15.32.036 Fill/grade fees.
The current fee schedule relating to this section is available at Fife City Hall and at the city of Fife’s website: www.cityoffife.org. (Ord. 1810 § 2, 2012).
15.32.040 Regulated activities and allowed activities.
A. New Development – Regulated Activities. Consistent with the minimum requirements contained in the stormwater management manual per FMC 15.32.020, the city of Fife shall approve, conditionally approve, or disapprove the following activities, unless exempted in subsection (C) of this section:
1. Land disturbing activities;
2. Structural development, including construction, installation, or expansion of a building or other structure;
3. Creation of impervious surfaces;
4. Subdivisions, short subdivisions, and binding site plans, as defined in RCW 58.17.020.
B. Redevelopment – Regulated Activities. The following activities shall be regulated: the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, improvements totaling over 50 percent of the property’s assessed value, land disturbing activity, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.
C. Exemptions. Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timber land to other uses, are exempt from the provisions of this chapter.
Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff System. All other new development and redevelopment is subject to the minimum requirements of this chapter. (Ord. 1954 § 18, 2016; Ord. 1685 § 1 (Exh. A), 2009; Ord. 1670 § 3, 2008; Ord. 1196 § 6, 1995).
15.32.050 General requirements.
A. Stormwater Management Manual Adopted. The stormwater management manual per FMC 15.32.020 is hereby adopted by reference as the stormwater management manual for the city of Fife and is referred to as the “manual” in this chapter. Approval standards and minimum requirements for all regulated activities shall be as set forth in the manual.
B. Stormwater Best Management Practices (BMPs).
1. General. BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this chapter. Best management practices are found in the manual.
2. Experimental BMPs. In those instances where appropriate BMPs are not in the manual, experimental BMPs will be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the manual.
C. Minimum Source Control Requirements for Existing Discharges. Source control BMPs shall be implemented by all publicly and privately owned institutional, commercial and industrial sites engaged in pollution generating activities.
1. If the director determines that discharges from a property or right-of-way cause or contribute to an illicit discharge, a nuisance, a threat to public health and safety, or a violation of the municipal stormwater permit or this chapter, the director shall require the responsible person to implement and maintain BMPs in accordance with the manual. Structural source control BMPs, or treatment BMPs/facilities, or both, shall be required if operational source control BMPs do not prevent illicit discharges or violations of surface water, groundwater, or sediment management standards because of inadequate stormwater controls. BMPs shall be designed, operated, and maintained in accordance with the manual.
2. The director shall also require persons responsible for track-out conditions on streets or alleys to implement and maintain operational BMPs in accordance with the manual to prevent polluted matter from entering the municipal stormwater system.
3. Source control activities and BMPs shall be implemented to the extent necessary to prevent prohibited discharges and to prevent contaminants from coming in contact with stormwater. Source control activities and BMPs include, but are not limited to, segregating or isolating wastes to prevent contact with stormwater; enclosing, covering, or containing the activity to prevent contact with stormwater; developing and implementing inspection and maintenance programs; sweeping; and taking management actions, such as training employees on pollution prevention. Source control can also include structural source control BMPs, or treatment BMPs/facilities, or both.
4. Spill prevention BMPs shall be required for all businesses and public entities engaged in pollution generating activities and as otherwise required by the director. Minimum requirements for spill prevention shall include developing and implementing plans and procedures to prevent spills and other accidental releases of materials that may contaminate stormwater or receiving waters. This requirement may be satisfied either by implementation of a SWPPP prepared in compliance with an NPDES stormwater permit for the site, or implementation of procedures for immediate containment and other appropriate action regarding spills and other accidental releases to prevent contamination of stormwater; and providing necessary containment and response equipment on site. Personnel shall be trained regarding procedures and equipment to be used for spill prevention and cleanup.
D. Illicit Discharges. Illicit discharges to stormwater drainage systems are prohibited.
E. Quality of Fill Material. All fill material shall be of a quality which will permit the construction of buildings upon the fill. No fill that contains a substantial amount of decomposable materials shall be used. No hydraulic fill shall be permitted unless approved by the city engineer. Any fill that is not clean fill will require a permit from the Tacoma/Pierce County health department.
F. Culvert Requirement. When a driveway is to be constructed across an existing drainage ditch, a suitable culvert or other drainage structure as determined by the city engineer shall be provided at the expense of the abutting property owner.
G. Low Impact Development. A stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. As used in this chapter, “on-site stormwater management BMPs” is a synonym for low impact development BMPs. (Ord. 2080 § 3, 2022; Ord. 1954 § 19, 2016; Ord. 1940 § 2, 2016; Ord. 1859 § 88, 2014; Ord. 1670 §§ 4, 5, 2008; Ord. 1196 § 7, 1995).
15.32.055 Illicit discharges.
A. Prohibited Discharges – Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drain system and/or surface and groundwaters any materials other than stormwater.
Examples of prohibited contaminants include but are not limited to the following:
1. Trash or debris.
2. Construction materials.
3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.
4. Antifreeze and other automotive products.
5. Metals in either particulate or dissolved form.
6. Flammable or explosive materials.
7. Radioactive material.
8. Batteries.
9. Acids, alkalis, or bases.
10. Paints, stains, resins, lacquers, or varnishes.
11. Degreasers and/or solvents.
12. Drain cleaners.
13. Pesticides, herbicides, or fertilizers.
14. Steam cleaning wastes.
15. Soaps, detergents, or ammonia.
16. Swimming pool or spa filter backwash.
17. Chlorine, bromine, or other disinfectants.
18. Heated water.
19. Domestic animal wastes.
20. Sewage.
21. Recreational vehicle waste.
22. Animal carcasses.
23. Food wastes.
24. Bark and other fibrous materials.
25. Lawn clippings, leaves, or branches.
26. Silt, sediment, concrete, cement or gravel.
27. Dyes.
28. Chemicals not normally found in uncontaminated water.
29. Any other process-associated discharge except as otherwise allowed in this section.
30. Any hazardous material or waste not listed above.
B. Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:
1. Diverted stream flows.
2. Rising groundwaters.
3. Uncontaminated groundwater infiltration – as defined in 40 CFR 35.2005(20).
4. Uncontaminated pumped groundwater.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is commingled with urban stormwater.
8. Springs.
9. Water from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Discharges from emergency fire fighting activities.
C. Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated conditions, or unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:
1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system;
2. Lawn watering and other irrigation runoff are permitted but shall be minimized;
3. De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system;
4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;
5. Nonstormwater discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system;
6. Other Nonstormwater Discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the city, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or groundwater.
D. Prohibition of Illicit Connections.
1. The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
4. In addition to the enforcement provisions set forth in this chapter, a violation of this section shall constitute a nuisance and shall be subject to the procedures of Chapter 8.04 FMC. (Ord. 1698 § 2, 2009).
15.32.060 Approval standards.
Repealed by Ord. 1670. (Ord. 1196 § 8, 1995).
15.32.070 Minimum requirements.
Repealed by Ord. 1670. (Ord. 1196 § 9, 1995).
15.32.080 Administration.
A. Director. The public works director and/or his designee shall administer this chapter and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.
B. Review and Approval. The director may approve, conditionally approve, or deny an application for activities regulated by this chapter.
C. Enforcement Authority. The director shall enforce this chapter.
D. Inspection. All activities regulated by this chapter, except those exempt in FMC 15.32.100, shall be inspected by the director. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of BMPs, land disturbing activities, installation of utilities, landscaping, retaining walls, and completion of project. When required by the director, a special inspection and/or testing shall be performed. Notwithstanding any other provisions of this chapter, whenever it appears to the director that unsafe conditions exist causing pollution in the surface water system which can be immediately identified and which requires emergency action to protect the public health or safety, the director is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating such unsafe conditions.
E. Fees. All storm drainage facilities financed by other than city funds must have the design plans approved by the city. Plan review fees will be as required in FMC 3.80.010(B), and/or actual cost of consulting engineer fees, if required by the public works director. Inspection fees will be at the actual cost of field and office time expended including the hourly wage of the inspector plus benefits and administrative overhead. Plan review fees shall be paid prior to issuing the associated drainage permit. Inspection fees shall be paid prior to acceptance of the improvements by the city. Plan review and inspection fees shall not be applicable to repair work but shall apply only to new construction. (Ord. 1746 § 1 (Exh. A), 2011; Ord. 1698 § 4,
2009; Ord. 1416 § 2, 2000; Ord. 1366 § 7, 1999; Ord. 1196 § 10, 1995).
15.32.090 Enforcement.
A. General. Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action.
B. Cease and Desist/Stop Work Order. The director shall have the authority to serve a person a cease and desist order or a stop work order if an action is being undertaken or a condition exists in violation of this chapter. If a portion of a project is in violation of this chapter, the director may issue a stop work order for the entire project.
1. Content of Order. The order shall contain:
a. A description of the specific nature, extent, and time of violation and the damage or potential damage; and
b. A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under subsection (C) of this section may be issued with the order.
2. Notice. The order shall be posted at the subject property and a letter containing the order sent by certified mail, return receipt requested, to the property owner and any other person violating this chapter.
3. Effective Date. The order issued under this section shall become effective immediately upon posting of the stop work order at the job site.
4. Compliance. Failure to comply with the terms of a cease and desist or stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty.
C. Civil Penalty. Any violation of the provisions of this chapter shall subject the offender to a civil penalty of up to $100.00 for each of the first five days that a violation exists and up to $500.00 for each subsequent day of violation from the sixth day of the violation. The civil penalty constitutes a personal obligation of the person to whom the notice of violation is directed. The debt shall be collectible in the same manner as any other civil debt owing to the city. The city shall be entitled to recover its attorneys’ fees and costs if litigation is necessary to collect the civil penalty. Payment of any monetary penalty in accordance with this chapter shall not relieve any person of the duty to correct the violation as set forth in the applicable notice of violation. (Ord. 1698 § 5, 2009; Ord. 1196 § 11, 1995).
15.32.100 Variance.
A. Hearing Examiner. After a public hearing, the hearing examiner may grant a variance from the requirements of this chapter. In granting any variance, the hearing examiner may prescribe conditions that are deemed necessary or desirable for the public interest.
B. Findings of Fact. Exceptions to the minimum requirements may be granted prior to permit approval and construction. The drainage manual administrator may grant an exception following legal public notice of an application for an exception, legal public notice of the administrator’s decision on the application, and a written finding of fact that documents the administrator’s decision to grant an exception. The administrator may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the administrator must consider and document, with written findings of fact, the following:
1. The current (pre-project) use of the site; and
2. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and
3. The possible remaining uses of the site if the exception were not granted; and
4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and
6. The feasibility for the owner to alter the project to apply the minimum requirements.
7. In addition, any exception must meet the following criteria: The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and the exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
C. Prior Approval. Any variance shall be approved prior to permit approval and construction.
D. Duration of Variance. Variances granted by the hearing examiner shall expire one year from the date of approval. The construction permitted under this variance shall be completed and approved within the one-year period of time.
E. Right of Appeal. All actions of the hearing examiner shall be final and conclusive, unless, within seven days of the date of the hearing examiner action, the original applicant or an adverse party gives written notice of appeal to Pierce County superior court for review of the action. (Ord. 1954 § 20, 2016; Ord. 1593-06 §§ 38, 39, 40, 2006; Ord. 1196 § 12, 1995).