Chapter 21.02
GENERAL PROVISIONS
Sections:
21.02.020 Scope and purpose of regulations.
21.02.030 Interpretation of title.
21.02.040 Conflicting provisions.
21.02.010 Short title.
This title may be cited as the “city of Fife low impact development code.” (Ord. 1685 § 1(Exh. A), 2009).
21.02.020 Scope and purpose of regulations.
A. The low impact development regulations contained in this title, and subsequent amendments to this title, are adopted to:
1. Manage stormwater through land development strategies that:
a. Emphasize the conservation of natural conditions; and
b. Use on-site natural features integrated with engineered, small-scale hydrologic facilities to maintain a more hydrologically functional landscape.
2. Minimize the development footprint through coordinated site planning, conservation of natural conditions, soils and features, the use of appropriate new technologies and techniques, and layout of streets, pedestrian pathways, utility networks and other improvements.
3. Minimize impervious surfaces.
4. Encourage the creation or preservation of dedicated vegetated open space.
5. Encourage the use of layered vegetation and tree canopy.
6. Encourage development of residential, commercial and industrial environments that are harmonious with on-site and local natural and built environments.
7. Further the goals and the implementation of the policies of the city of Fife’s comprehensive plan and the stormwater management manual per Chapter 15.32 FMC.
B. The exclusive use of low impact development techniques and strategies shall be mandatory to meet water quality treatment requirements as defined in the DOE manual for all regulated activities requiring a storm drainage permit under Chapter 15.32 FMC. Any deviation or exemption from the use of low impact development techniques and facilities shall be in accordance with FMC 21.10.110. (Ord. 1954 § 52, 2016; Ord. 1685 § 1(Exh. A), 2009).
21.02.030 Interpretation of title.
A. General Interpretation. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. It is not the intent of this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties.
B. Relationship to Other Regulations. When this title imposes a greater restriction upon the use of structures or land than is imposed or required by other titles, ordinances, rules, regulations, easements, covenants or agreements, the provisions of this title shall control.
C. Responsible Official. It shall be the duty of the public works director (“director”) to decide matters of interpretation or applicability of any provision of this title, subject to the public hearing and appeal procedures contained herein.
D. Provisions Not Affected by Headings. Chapter and section headings within this title shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any chapter or section.
E. Tenses. The present tense includes the future and the present. The singular includes the plural and the plural the singular. (Ord. 1859 § 112, 2014; Ord. 1685 § 1(Exh. A), 2009).
21.02.040 Conflicting provisions.
If there is a conflict between the provisions of this title and any other title or city ordinance, then the chapter which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. If the provisions of this title are as specific as the provisions of another title or ordinance, then the provisions of this title shall apply. If, however, there is a conflict between the provisions of this title and any other title or city ordinance which specifically addresses health or safety concerns, then the title or ordinance with the greater public health or safety protection shall apply as determined by the director. (Ord. 1685 § 1(Exh. A), 2009).
21.02.050 Severability.
If any chapter, section, subsection, clause or phrase of this title is for any reason held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this title. (Ord. 1685 § 1(Exh. A), 2009).