Chapter 14.15 CONTROLLING STORM WATER RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES

The city council finds that this chapter is necessary to promote sound development policies and construction procedures which respect the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, and other water bodies; to protect the life, health, and property of the general public; to preserve and enhance the suitability of waters for contact recreation and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable ground water quantities, locations, and flow patterns; to ensure the safety of city roads and rights-of-way; and to decrease drainage-related damages to public and private property. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.015 Stormwater management manual adopted.

The State Department of Ecology 2019 Stormwater Management Manual for Western Washington, as amended by this code, is hereby adopted as the city’s minimum storm water regulations, technical reference manual and maintenance standard and is hereinafter referred to as the “Stormwater Manual.” Storm water infrastructure shall also be designed and constructed in accordance with the city’s engineering design and development standards (EDDS). If there is a conflict between the Stormwater Manual, EDDS or any other ordinance of the city, that which provides more environmental protection shall apply.

Design requirements from the 2019 Stormwater Manual shall apply to all permit applications submitted:

(1) On or after July 1, 2022;

(2) Prior to January 1, 2017, that have not started construction by July 1, 2022; or

(3) Prior to July 1, 2022, that have not started construction by July 1, 2027. (Ord. 3218 § 1 (Exh. A), 2022; Ord. 3035 § 3 (Exh. C), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.020 Definitions.

For the purpose of this chapter and other provisions in this title related to storm water, certain terms, phrases, words and their derivatives shall be defined and construed as specified in the Stormwater Manual and in this title. Words used in the singular include the plural, and the plural the singular. The words “shall,” “will” and “must” are mandatory; the words “should” and “may” are permissive. When any definition in this title conflicts with definitions in the Stormwater Manual or any other ordinance of the city, that which provides more environmental protection shall apply unless specifically provided otherwise in this title.

“Applicant” means any person who has applied for a development permit or approval.

“City planner” also means community development director or his/her designee.

“Department” means the public works or community development department of the city of Marysville, as appropriate for capital or private development projects.

“Developer” means the person(s) applying for permits or approvals, whether an individual(s) or corporation(s) or governmental agency(ies).

“Director of public works” or “director” means the director of the public works department or his/her designee.

“Discharge storm water directly or indirectly to the Marysville small municipal separate storm sewer system (MS4)” means that:

(a) The drainage system installed is in right-of-way or an area that will become right-of-way after construction and final site approval;

(b) The drainage system installed will become publicly owned after construction and final site approval;

(d) The drainage system installed is intended to outfall into a portion of the existing MS4 or public right-of-way.

“Drainage system” or “storm drainage system” or “storm water system” means the same as the Stormwater Manual definition for “storm water drainage system.”

“Engineer” means the city engineer or development services manager, as designated for enforcement of capital or private development activities, of Marysville.

“Existing grade” means the grade prior to grading.

“Finish grade” means the final grade of the site, which conforms to the approved plan.

“Grading” or “grading activity” means any excavating, filling, grubbing or grading or combination thereof.

“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):

(a) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;

(b) Designed or used for collecting or conveying storm water;

(d) Which is not part of a publicly owned treatment works (POTW) as defined in the Code of Federal Regulations at 40 CFR 122.2; and

(e) Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26.

“Parcel” means a tract or plot of land of any size, which may or may not be subdivided or improved.

“Planned residential developments” refers to residential developments which are planned and/or developed in several stages but submitted together for approvals, and which typically consist of clusters of structures interspersed with areas of common open spaces (refer to Chapter 22G.080 MMC).

“Private drainage system” or “private storm water disposal systems” means drainage systems located on private property that may or may not discharge directly as through pipes, channels, etc., or indirectly as sheet flow, subsurface flow, etc., into the city’s drainage system.

“Public storm drainage system” means that portion of the drainage system of the city located on public right-of-way, easements or other property owned by the city. Public storm drainage system does not include low impact development BMPs such as bioswales, infiltration ponds, pervious pavement, and other associated low impact development infrastructure located within easements held by the city of Marysville for inspection purposes only.

“Small municipal separate storm sewer system” or “small MS4” means an MS4 that is not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) and (7) or designated under 40 CFR 122.26(a)(1)(v). (Ord. 3035 § 3 (Exh. C), 2016; Ord. 2857 § 3, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2694 § 2, 2007; Ord. 2476 § 2, 2003).

14.15.030 Applicability.

(1) Storm water management review and approval by the city is required when any new development, redevelopment, or proposed construction site project meets or exceeds the threshold conditions defined in the Stormwater Manual and this chapter (e.g., new impervious area, drainage system modifications, redevelopments, etc.) and/or is subject to a city development permit or approval requirement. All the provisions of this title are applicable to any project requiring storm water management review and approval.

(2) Commencement of construction work under any of the nonexempt actions, permits, or applications shall not begin until the department approves a storm water pollution prevention plan (SWPPP) pursuant to the requirements of the Stormwater Manual and this chapter.

(3) Whenever a minimum area or quantity requirement is set forth in this chapter, such requirement shall be met if any activity or development occurs on the subject property within a continuous 18-month period.

(4) Unless otherwise specified in this chapter, all standards, definitions, and requirements shall be in accordance with the Stormwater Manual. (Ord. 3218 § 1 (Exh. A), 2022; Ord. 3035 § 3 (Exh. C), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.040 Minimum requirement thresholds.

Not all of the minimum requirements apply to every development or redevelopment project. The applicability varies depending on the type and size of the project. Refer to the Stormwater Manual for the minimum requirements thresholds. (Ord. 3218 § 1 (Exh. A), 2022; Ord. 3035 § 3 (Exh. C), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.050 Minimum requirements.

Refer to the Stormwater Manual for the minimum requirements. This section describes city requirements above and beyond the Stormwater Manual.

(1) Minimum Requirement No. 2: Construction Storm Water Pollution Prevention Plan (SWPPP). If BMPs described in the SWPPP are inadequate to stabilize the site the city will require additional BMPs or different BMPs. The SWPPP must be on site during construction and updated as changes are made. If a construction project is required to obtain a construction stormwater general permit from the Department of Ecology then copies of permit submittals shall be provided to the city upon request.

(2) Minimum Requirement No. 4: Preservation of Natural Drainage Systems and Outfalls. If city records indicate drainage problems at the natural drainage system outfall, the applicant may be required to quantify the extent of the problem. The allowable release rate may be decreased on a case-by-case basis, or additional stormwater treatment and flow control BMPs/facilities may be required due to the constraints in the drainage system downstream.

(3) Minimum Requirement No. 9: Operation and Maintenance. Private facilities must record a storm water covenant and easement per MMC 14.15.155 or a document providing equivalent measures as approved by the director. (Ord. 3218 § 1 (Exh. A), 2022; Ord. 3035 § 3 (Exh. C), 2016; Ord. 2857 § 3, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2694 § 2, 2007; Ord. 2476 § 2, 2003).

14.15.062 Low impact development (LID).

(1) Low impact development (LID) is a storm water management and land development strategy utilized in site design and construction that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to mimic natural hydrologic functions. Implementation of LID benefits streams, lakes, and Puget Sound by moderating the impacts of storm water runoff generated by the built environment. LID techniques are the preferred and commonly used approach to site development with traditional, structural storm water management solutions used where LID is infeasible. Low impact development best management practices (LID BMPs) are described in the Stormwater Manual. LID site design objectives are:

(a) To retain or restore native forest cover to capture, infiltrate, and evaporate all or a portion of the rainfall on a site;

(b) To confine development to the smallest possible footprint and minimize land disturbance and site grading;

(d) To incorporate natural site features that promote storm water infiltration;

(e) To minimize all impervious surfaces and especially those that drain to conventional piped conveyances;

(f) To manage storm water through infiltration, bioretention, and dispersion;

(g) To manage storm water runoff as close to its origin as possible in small, dispersed facilities;

(h) Locate buildings away from critical areas and soils that provide effective infiltration;

(i) Increase reliability of the storm water management system by providing multiple or redundant LID flow control practices; and

(j) Integrate storm water controls into the development design and utilize the controls as amenities to create a multifunctional landscape.

(2) Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements described in the Stormwater Manual. A variety of BMPs to minimize impervious surfaces and to manage storm water have been developed and tested for use in western Washington. These BMPs and the overall LID approach are described in the Stormwater Manual.

(3) The menu of LID BMPs identified in the Stormwater Manual is accepted for use in storm water site plans to address the minimum requirements unless otherwise specified in MMC 14.15.050, subject to the specifications, performance standards, and design criteria in the Stormwater Manual, and city of Marysville engineering design and development standards and review and approval under this chapter, and MMC Title 22, as applicable, and the requirements and limitations below.

(a) Tree retention, tree planting and dispersion into native vegetation areas shall be performed per the applicable Stormwater Manual BMPs, and the following:

(i) An arborist report may be required.

(ii) Tree species to be preserved or planted should be consistent with Appendix V-E, Recommended Newly Planted Tree Species for Flow Control Credit, in the Stormwater Manual.

(iii) Monitoring and maintenance of plants shall be required in accordance with MMC 22E.010.260.

(iv) Development within protected native vegetated areas shall be limited to biofiltration swales, storm water dispersion facilities, pervious pedestrian trails, and approved surface water restoration projects. Activities within the protected native growth areas shall be limited to passive recreation, removal of invasive species, amendment of disturbed soils consistent with all applicable regulations, and planting of native vegetation. Development shall be consistent with critical areas requirements and restrictions in Chapter 22E.010 MMC.

(v) A permanent protective mechanism shall be legally established to ensure that the required protected native vegetated area is preserved and protected in perpetuity in a form that is acceptable to the city and filed with the county auditor’s office. A permanent protected native vegetated area shall be established using one of the following mechanisms:

(A) Placement in a separate nonbuilding tract owned in common by all lots within a subdivision;

(B) Covered by a protective easement or public or private land trust dedication;

(C) Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as this subsection as determined by the community development director or hearing examiner.

(vi) Restrictions on the future use of the protective native vegetated area shall be recorded on the face of the final plat, short plat, binding site plan, or site plan.

(b) The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable.

(4) Restrictions on conversion of drainage facilities shall be recorded on the face of the plat.

A covenant and easement may also be required to be recorded with the Snohomish County auditor’s office for each lot containing or served by LID BMP facilities in a form approved by the city attorney. The covenant shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or shared ownership. The easement shall be granted for city access to low impact development facilities on private property to allow inspection, emergency maintenance and repair. (Ord. 3218 § 1 (Exh. A), 2022; Ord. 3035 § 3 (Exh. C), 2016; Ord. 2857 § 3, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2694 § 2, 2007).

14.15.065 Contents of a storm water site plan.

(1) Storm Water Site Plan Required. New development and redevelopment projects must submit a storm water site plan, prepared using the Stormwater Manual, for approval by the department.

(2) Contents of Plan. In addition to the requirements described in the Stormwater Manual, an off-site analysis report shall be required. (Ord. 3218 § 1 (Exh. A), 2022; Ord. 3035 § 3 (Exh. C), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.066 Determining construction site sediment damage potential.

Any person submitting a storm water site plan must also determine the construction site sediment damage potential. Qualified personnel must use the rating system described in Appendix 7 of the NPDES Phase II Municipal Storm Water Permit to determine the site’s potential to discharge sediment. The damage potential rating must be submitted and approved to receive final civil plan review approval. (Ord. 2816 § 1, 2010).

14.15.070 Development in critical flood, drainage and/or erosion areas.

Development which would increase the volume of discharge from the subject property shall not be permitted in areas where existing flooding, drainage, and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community or property, until such time as the community hazard is alleviated. Where application of the provisions of this section will deny all reasonable use of the property, the director or designee may waive the restrictions on development contained in this section; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter and Chapter 22E.010 MMC, Critical Areas Management. (Ord. 2857 § 3, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.080 Establishment of regional facilities.

(1) Public Benefit. In the event that public benefits would accrue due to modification of the drainage plan for the subject property to better implement the recommendations of the comprehensive drainage plan, the director or designee may recommend that the city should assume responsibility for the further design, construction, operation, and maintenance of the drainage facilities, or any increment thereof, on the subject property. Such decision shall be made concurrently with review and approval of the plan.

(2) Applicant’s Responsibility. In the event that the city decides to assume responsibility for all or any portion of the design, construction, operation, and maintenance of the facilities, the applicant shall be required to contribute a prorated share to the estimated cost of the facilities; provided, that such share shall not exceed the estimated costs of improvements the applicant would otherwise have been required to install. The applicant may be required to supply additional information at the request of the director or designee to aid in such determination by the city. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.090 Fees.

Fees shall be charged for preliminary review, construction plan review, inspection, and final plan review done upon completion of all civil work and approval of the final plat map. The city shall have the option of sending plans out for review, in which case fees will also include consultant rates. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.100 Construction standards and specifications.

The director shall approve, prepare, administer, and enforce detailed construction standards and specifications for all storm drainage lines, on-site storm water and erosion control facilities. The city shall not accept ownership or maintenance responsibility for any lines or facilities which are constructed in violation of said standards and specifications. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.110 Review and approval of plans.

All storm water site plans and any other documents required by or prepared in connection with this chapter shall be submitted for review and approval by the director or designee.

The applicant shall keep two sets of plans on site at all times for recording as-built information; one set shall be submitted to the project engineer, and one set shall be submitted to the director at completion of construction and prior to final acceptance of work. The owner and/or contractor shall notify the project engineer and the director when conflicts exist between the plans and field conditions. Conflicts shall be resolved (including plan and profile revisions) and resubmitted for approval prior to proceeding with construction. For further plan retention and revision requirements for storm water site plans and construction storm water pollution prevention plans see the Stormwater Manual and MMC 14.15.050(2), Minimum Requirement No. 2: Construction Storm Water Pollution Prevention Plan (SWPPP). (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.120 Inspections – Construction.

All activities regulated by this chapter shall be inspected by the engineer and/or public works department. Projects shall be inspected at various stages of the work 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 or designee, a special inspection and/or testing shall be performed.

The holder of any permit or approval issued subject to a detailed drainage plan shall arrange with the engineer for scheduling the following inspections:

(1) Initial Inspection. Inspection prior to clearing and construction will apply to sites with a high potential for sediment damage, as identified by the applicant during civil review based on definitions and requirements of Appendix 7 of the Western Washington Phase II Municipal Storm Water Permit;

(2) Grading Preparation. Whenever work on the site preparation, grading, excavations, or fill is ready to be commenced, but in all cases prior thereto subject also to provisions of MMC 22D.050.070;

(3) Rough Grading. When all rough grading has been completed;

(4) Soils Approval. This inspection/approval applies when engineered soils, bioretention soil mixes, compost amended soils, soils to meet BMP T5.13, Post Construction Soil Quality and Depth, from Chapter 5, Volume V of the Stormwater Manual, or other specific soil mixes are used as a design feature of a storm water facility. The developer must demonstrate that the soil mixes approved on the plans are used for construction;

(5) Bury Inspection. Prior to burial of any underground drainage structure;

(6) Finish Grading. When all work including installation of all drainage structures and other protective devices has been completed;

(7) Planting. When erosion control planting shows active growth;

(8) System-wide inspections for residential developments will take place after all flow control and water quality treatment facilities are completed during the period of heaviest house construction to identify maintenance needs and enforce compliance with maintenance standards as needed;

(9) When low impact development BMPs or permanent storm water treatment and flow control BMPs/facilities are installed that are designed to infiltrate, the city may require the permit holder to verify proper installation and function. A licensed geotechnical engineer or other qualified personnel, as approved by the city, shall follow the testing procedures outlined in the city of Marysville Engineering Design and Development Standards Section 3-809 for permeable pavement and the methods outlined in the Stormwater Manual for other facility types. Permit holders are responsible for cost of testing and ensuring all facilities meet design standards and specifications;

(10) A final inspection by the city will be required at the end of the two-year maintenance bond period. The developer will be responsible for repairing any deficiencies found as a result of the city inspection.

In some circumstances not all of the above inspections may be necessary. It shall be at the discretion of the public works director or designee to waive or combine any of the above inspections as dictated by conditions.

The public works director or designee shall inspect the work and shall either approve the same or notify the applicant in writing in what respects there has been failure to comply with the requirements of the approved plan. Any portion of the work which does not comply shall be promptly corrected by the applicant. The public works director or designee may make unscheduled site inspections to ensure compliance. Uncorrected violations will be subject to the provisions of Chapter 4.02 MMC, Enforcement Procedures. (Ord. 3035 § 3 (Exh. C), 2016; Ord. 2857 § 3, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.130 Bonds and liability insurance required.

The department is authorized to require all persons constructing retention/detention, low impact development, or other drainage system features to post surety or cash bonds. Where such persons have previously posted, or are required to post, other such bonds on the facility itself or on other construction related to the facility, such person may, with the permission of the public works director or designee, and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such a bond shall on its face clearly delineate those separate bonds which it is intended to replace.

(1) Construction Bond. Prior to commencing construction, the person constructing the facility shall post a construction bond in an amount sufficient to cover the cost of performing said construction per the approved drainage plans. Alternatively, an equivalent cash deposit to an escrow account administered by a local account bank may be allowed at the city’s option.

(2) Maintenance Bond. After satisfactory completion of the facilities and release of the construction bond by the city, the person constructing the facility shall commence a two-year period of satisfactory maintenance of the facility. The city may require the person constructing the facility to verify that the storm water facilities are functioning as designed. A cash bond, to be used at the discretion of the city and to correct deficiencies in said maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two-year maintenance period. The amount of the cash bond shall be determined by the public works director or designee. In addition, at the discretion of the city, a surety bond or cash bond to cover the cost of design defects or failures in workmanship shall also be posted and maintained through the two-year maintenance period. Alternatively, an equivalent cash deposit to an escrow account administered by a local account bank may be allowed, at the city’s option.

(3) Liability Policy. The person constructing the facility shall maintain a liability policy in an amount to be determined by the city which shall name the city of Marysville as an additional insured and which shall protect the city from any liability for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. The liability policy shall be maintained for the duration of the facility by the owner of the facility; provided, that in the case of facilities assumed by the city for maintenance pursuant to MMC 14.15.140, the liability policy shall be terminated when the city maintenance responsibility commences. (Ord. 3035 § 3 (Exh. C), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.140 City assumption of maintenance.

The city may assume the maintenance of storm water drainage system facilities after the expiration of the two-year maintenance period if:

(1) Conveyance to the city occurred per MMC 14.03.420;

(2) All of the requirements of this chapter have been fully complied with;

(3) The facilities have been inspected and approved by the department after two years of operation;

(4) All necessary easements entitling the city to properly maintain the facility have been conveyed to the city;

(5) All storm water drainage system features including but not limited to ponds, vaults, CBs and control structures shall be cleaned to a condition acceptable to the city prior to assumption;

(6) The developer has supplied to the city an accounting of capital, construction, and operation and maintenance expenses or other items for the drainage facilities up to the end of the two-year period, for the purpose of establishing the basis for future bonding requirements for other developments. (Ord. 3035 § 3 (Exh. C), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.150 Retroactivity relating to city maintenance of drainage facilities.

If any person constructing retention/detention facilities and/or receiving approval of drainage plans prior to the effective date of this chapter demonstrates, to the city’s satisfaction, total compliance with the requirements of this chapter, the city may, after inspection, approval, and acknowledgment of the proper posting of the required bonds as specified in MMC 14.15.130, assume maintenance of the facilities. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.155 Storm water covenant and easement.

A drainage covenant and easement shall be recorded for all private storm water treatment and flow control facilities. The covenant and easement shall be in a form acceptable to the city attorney and shall provide the right of ingress and egress, and the right to perform emergency maintenance. The covenant and easement shall include a description of the property, facility(ies), and the maintenance responsibilities. The covenant shall be recorded with the Snohomish County auditor’s office against the title of the property and run with the land to all successors and assigns. (Ord. 3035 § 3 (Exh. C), 2016).

14.15.160 Maintenance of drainage facilities by owner.

In the event that the city elects not to assume the operation and maintenance responsibility for the facilities, it shall be the responsibility of the owner of the property, or persons with a shared ownership interest in the property, or their heirs, successors and assigns, to operate, maintain, repair and replace the facilities in continuous compliance with the standards and specifications of Chapter 14.17 MMC. The director or designee shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.170 Applicability to governmental entities.

All municipal corporations and governmental entities shall be required to submit a storm water site plan and comply with the terms of this chapter when developing and/or improving land within the incorporated areas of the city of Marysville or within adjacent areas which may affect the city. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.175 Adjustments.

All adjustments to the minimum requirements in MMC 14.15.050 may be granted prior to permit approval and construction. Adjustments must be reviewed in the context of each application, site and potential impacts. Approval does not establish precedent for subsequent applications that may reflect different scale, complexity and site conditions. Adjustments to the minimum requirements may be granted by the director; provided, that a written finding of fact is prepared, that addresses the following:

(1) The adjustment provides substantially equivalent environmental protection.

(2) Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance are met. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.180 Exceptions.

(1) Exceptions to the minimum requirements in MMC 14.15.050 may be granted prior to permit approval and construction. Exceptions must be reviewed in the context of each application, site and potential impacts. Approval does not establish precedent for subsequent applications that may reflect different scale, complexity and site conditions. Application for an exception shall be filed in writing with the director and shall adequately detail the reason for an exception.

(2) Exceptions/variances (exceptions) to the minimum requirements in MMC 14.15.050 may be granted by the director following legal public notice of an application for an exception or variance, legal public notice of the director’s decision on the application, and written findings of fact that document the director’s determination to grant an exception. The city will keep records, including the written findings of fact, of all exceptions to the minimum requirements in MMC 14.15.050.

(3) Project-specific design exceptions based on site-specific conditions do not require prior approval of the Department of Ecology. The city will seek prior approval by the Department of Ecology for any jurisdiction-wide exception.

(4) The director may grant an exception to the minimum requirements in MMC 14.15.050 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 director must consider and document with written findings of fact the following:

(a) The current (pre-project) use of the site; and

(b) How the application of the minimum requirement(s) in MMC 14.15.050 restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and

(d) The uses of the site that would have been allowed prior to the adoption of the minimum requirements in MMC 14.15.050; and

(e) A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements in MMC 14.15.050 versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements in MMC 14.15.050; and

(f) The feasibility for the owner to alter the project to apply the minimum requirements in MMC 14.15.050.

(5) In addition, any exception must meet the following criteria:

(a) 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

(b) The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements in MMC 14.15.050. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.185 Additional procedures and review.

In various sections of this chapter, the public works director or designee, the city engineer, and/or the city planner may be empowered to impose requirements, give approvals, make determinations and the like (hereinafter in this section “administrative determination(s)”). This section sets out procedures for administrative determination(s). All administrative determination(s) shall be made in a timely manner to satisfy all requirements of state law. All administrative determination(s) shall be in writing and shall set out facts and conclusions to support the decision made. All administrative determination(s) shall be made to achieve the purposes of this chapter as set forth in MMC 14.15.010. All administrative determination(s) may be appealed to the hearing examiner by filing written notice of appeal with the city clerk within 10 days of service of the administrative determination. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.190 Enforcement.

Enforcement of the provisions of this chapter shall be pursuant to MMC Title 4. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.200 No special duty created.

(1) It is the purpose of this chapter to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(2) Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or by reason or as a consequence of any inspection, notice, or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents, or employees. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.210 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).

14.15.220 Appeals.

The decision of the director may be appealed by an aggrieved party pursuant to MMC 22G.010.530 to the hearing examiner by filing written notice of appeal, including an appeal fee of $500.00, with the city’s public works department or community development department, within 10 days of notice of the director’s decision. (Ord. 2857 § 3, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2476 § 2, 2003).