Chapter 12.04
GENERAL PROVISIONS
Sections:
12.04.010 Declaration of title.
12.04.020 Stormwater management standards and specifications.
12.04.025 Technical deviations and variances.
12.04.040 Applicability of other ordinances and permits.
12.04.010 Declaration of title.
This title shall be known as the “Stormwater Management Ordinance.”*
(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
* Editor’s Note: Chapters 12.04 – 12.40, as adopted by Ordinance 540 (2016), Section 4 (Attachment 1), comprise the “Stormwater Management Ordinance.”
12.04.020 Stormwater management standards and specifications.
The Kitsap County board of commissioners recognizes that stormwater control technology is a developing and evolving science. In order to ensure that the latest and best technology is utilized in Kitsap County, these regulations include the Kitsap County Stormwater Design Manual (Kitsap manual) that is incorporated herein by this reference. The Kitsap manual may consist of one or more documents each of which may be amended as necessary to reflect changing conditions and technology. All requirements contained in the Kitsap manual, together with any amendments thereto, must be complied with as provided in Section 12.04.030.
(Ord. 599 (2021) §§ 5, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.04.025 Technical deviations and variances.
(1) Technical Deviations. The director may grant minor technical deviations (adjustments) from requirements contained in the Kitsap manual; provided, that all of the following criteria are met:
(A) The technical deviation will not otherwise result in noncompliance with this title;
(B) The granting of the technical deviation will not result in noncompliance with the development conditions imposed upon the project;
(C) The granting of the technical deviation will produce a compensating or comparable result which is in the public interest; including providing substantially equivalent environmental protection;
(D) The granting of the technical deviation will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.
(2) Variances. The Kitsap County hearing examiner may, following the process in Chapter 21.04, grant a variance from the provisions of this title; provided, that all of the following criteria are met and written findings are made thereon:
(A) The variance is for project-specific design criteria based on site-specific conditions. All jurisdiction-wide variances must be approved by the Department of Ecology; and
(B) The requirements of this title impose a severe and unexpected economic hardship on the applicant. The determination of a severe and unexpected economic hardship shall involve the consideration, in writing, of all of the following:
i. The current (pre-project) use of the site; and
ii. How the application of this title restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the ordinance codified in this title; and
iii. The possible remaining uses of the site if the variance were not granted; and
iv. The uses of the site that would have been allowed prior to the adoption of the ordinance codified in this title; and
v. A comparison of the estimated amount and percentage of value loss as a result of the requirements of this title versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the ordinance codified in this title; and
vi. The feasibility for the owner to alter the project to comply with the requirements of this title; and
(C) The variance will not increase the risk to the public health and welfare, nor be injurious to other properties in the vicinity, to properties downstream or to the quality of the waters of the state; and
(D) The variance is the least possible alternative that could be granted to comply with the intent of this title; and
(E) The granting of the variance will produce a compensating or comparable result that is in the public interest; and
(F) The granting of the variance will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.04.030 Applicability.
The provisions of this title shall apply to all site development activities requiring land use permits and approvals as defined in Chapter 12.08, both public and private, within the bounds of unincorporated Kitsap County. The provisions of Chapter 12.24 (Operation and Maintenance) shall also apply to existing stormwater facilities in unincorporated Kitsap County. The provisions of Chapter 12.30 (Illicit Discharge Detection and Elimination) shall apply to all situations and circumstances throughout unincorporated Kitsap County. No site development activities requiring land use permits and approvals shall be initiated prior to issuance of a site development activity permit.
(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.04.040 Applicability of other ordinances and permits.
Any land development that is required by operation of any Kitsap County ordinance, state law or federal law to construct, install or modify any natural or manmade drainage features within, abutting or serving the development shall do so in accordance with this title. However, where the provisions of this title directly conflict with any other Kitsap County ordinance, state law or federal law, or comprehensive drainage plan, the more stringent provisions shall apply to the extent permissible by law.
Approval of any land development activity by Kitsap County does not constitute approval of other applicable permits that may be required by other agencies. Examples of additional permits that may be required include construction and industrial discharge permits administered by the State Department of Ecology under the National Pollutant Discharge Elimination System (NPDES) program, and Hydraulic Project Approval (HPA) by the Department of Fish and Wildlife.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.04.050 Administration.
The director, or designee, shall administer this title. The director shall have the authority to develop and implement procedures to administer and enforce this title.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.04.060 Appeals.
An aggrieved party may appeal any administrative interpretation or departmental ruling related to this title to the Kitsap County hearing examiner as outlined in Chapter 21.04.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)