Chapter 12.10
PERMITS
Sections:
12.10.010 Review by department of community development.
12.10.030 Site development activity permits required.
12.10.050 Permit requirements.
12.10.060 Professional engineer required.
12.10.080 Geotechnical analysis.
12.10.100 Permit modifications.
12.10.010 Review by department of community development.
All proposed site development activities shall be reviewed by the Kitsap County department of community development to determine the permits required.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 6, 2009: Ord. 290 (2002) § 2, 2002: Ord. 199 (1996) § 3.10, 1996)
12.10.020 (Repealed)*
* Editor’s Note: Former Section 12.10.020, “Expiration of existing construction plan approval,” was repealed by Ordinance 433 (2009). Section 3.15 of Ordinance 199 (1996) was formerly codified in this section.
12.10.030 Site development activity permits required.
A site development activity permit, issued by the Kitsap County department of community development, shall be required for any of the following activities:
(1) Site development or redevelopment activities that meet the definition of a major development;
(2) Site development or redevelopment activities that require connection to a public storm drainage system, except those actions undertaken by the Kitsap County public works department that do not meet the definition of a major development;
(3) Grading activities that result in the movement of one hundred fifty cubic yards or more of earth;
(4) Grading activities that will result in a temporary or permanent slope having a steepness exceeding three to one (three feet horizontal to one foot vertical) and having a total slope height, measured vertically from toe of slope to top of slope, exceeding five feet;
(5) Grading activities that include the construction of embankment berms which will result in the impoundment of water to a depth exceeding eighteen inches and/or with a maximum volume exceeding two thousand five hundred cubic feet of water;
(6) Grading activities that will result in the diversion of existing drainage courses, both natural and manmade, from their natural point of entry or exit from the grading site;
(7) Any land clearing or grading on slopes steeper than thirty percent, or within the mandatory setback of a steep slope, wetland, stream, lake, Puget Sound, as established by other titles of this code.
No site development activity, including land clearing, grading or other construction activity as described in this title, shall occur until a site development activity permit has been issued, nor shall said site development activity continue without a site development activity permit in force.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 7, 2009: Ord. 290 (2002) § 3, 2002: Ord. 199 (1996) § 3.21 (part), 1996)
12.10.040 Exemptions.
The following activities shall not require a site development activity permit:
(1) Commercial Agriculture. Commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timber land to agriculture and the construction of impervious surfaces are not exempt.
(2) Grading. Grading activities described in Section 12.16.090 are exempt from the provisions of this chapter.
(3) Forest Practices. 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 the minimum requirements.
(4) Road Maintenance. The following road maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, and vegetation maintenance.
For sites within a census defined urban area or an urban growth area, the following road maintenance practices are considered redevelopment, and therefore are not categorically exempt:
(a) Removing and replacing a paved surface to base course or lower, or repairing the roadway base. If impervious surfaces are not expanded, the minimum requirements Nos. 1 through 5 of Chapter 12.18 apply. However, in most cases, only minimum requirement No. 2, construction storm water pollution prevention, will be germane.
(b) Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders. These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for redevelopment projects are met.
(c) Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete. These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for redevelopment projects are met.
(5) Underground Utilities. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to minimum requirement No. 2, construction storm water pollution prevention.
(Ord. 513 (2014) § 3, 2014: Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 8, 2009: Ord. 199 (1996) § 3.21 (part), 1996)
12.10.050 Permit requirements.
No site development activity permit shall be issued unless the applicant has satisfied the following criteria:
(1) Compliance with all applicable regulations, including Title 12, and compliance with the standards, specifications and requirements contained in the manual.
(2) Payment of the applicable permit fees established by the county in Section 21.06.100.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 9, 2009: Ord. 291 (2002) § 5, 2002Ord. 199 (1996) § 3.22, 1996)
12.10.055 Permit duration.
(1) Except as provided in Section 12.16.110, site development activity permits must be issued within one year of permit application approval, and will automatically expire at the end of one year unless an extension is granted by the director. The length of extension period shall not exceed one year, and no more than two extensions shall be granted. At the end of the extension period, the permit will be automatically closed if it is still unissued. A closed permit may not be reissued or reactivated.
(2) Issued site development activity permits shall become invalid unless the work authorized by such permit is commenced within three hundred sixty days after its issuance, or if after commencing, the work authorized by such permit is suspended or abandoned for a period of three hundred sixty days. Having required inspections performed and approved within every three hundred sixty days is evidence that work has commenced and is continuing. Permits that do not receive a required inspection within three hundred sixty days of permit issuance, or within three hundred sixty days since the previous approved inspection, will be considered abandoned and shall automatically expire. If no action is taken within one hundred eighty days of the expiration date by the applicant/owner to reactivate the permit or request an extension, the permit will be closed. A closed permit may not be reissued or reactivated.
(3) The procedures for requesting and granting extensions or renewals to permits and procedures for the disposition of inactive or expired permits shall be detailed in the manual.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 10, 2009)
12.10.060 Professional engineer required.
Unless otherwise required by Chapter 12.16, site development activity permit applications shall require the submittal of documents prepared by a qualified professional engineer when one of the following conditions exists:
(1) Any land use or building or development on real property which meets the definition of a major development; or
(2) Any improvements within the boundaries of Kitsap County rights-of-way for which Kitsap County will ultimately assume responsibility for maintenance; or
(3) Any site development activity that the director deems to be in the public’s best interest to require that certain site development activity permit application submittal documents be prepared by a professional civil engineer.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 11, 2009: Ord. 199 (1996) § 3.23, 1996)
12.10.070 Off-site analysis.
All site development activity permit applications which meet any of the criteria listed in Section 12.10.060 shall include, along with other required submittal documents, an off-site drainage analysis as described in Section 12.18.040, prepared by a qualified professional engineer and based on a field investigation of the development’s off-site contributing and receiving drainage areas.
(Ord. 513 (2014) § 4, 2014: Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 12, 2009: Ord. 199 (1996) § 3.24, 1996)
12.10.080 Geotechnical analysis.
All site development activity permit applications for development activities where grading or the construction of retention facilities, detention facilities, or other storm water facilities is proposed within two hundred feet of slopes steeper than thirty percent, or where the director deems that the proposed construction poses a potential hazard due to its proximity to a slope, shall, when required by the director, include a geotechnical analysis, prepared by a professional geotechnical engineer or licensed engineering geologist. The geotechnical analysis shall address the effects of ground water interception and infiltration, seepage, potential slip planes and changes in soil bearing strength.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 13, 2009: Ord. 199 (1996) § 3.25, 1996)
12.10.090 Soils analysis.
All site development activity permit applications which meet any of the criteria listed in Section 12.10.060, or where the soils underlying the proposed project have not been mapped, or where existing soils maps of the project site are inconsistent, or where the director deems that existing soils maps of the project site are not of sufficient resolution to allow proper engineering analysis, shall include a soils investigation report.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 14, 2009: Ord. 199 (1996) § 3.26, 1996)
12.10.100 Permit modifications.
Proposed modifications to an issued site development activity permit must be submitted to the department of community development and be reviewed for compliance with this title. Substantial proposed modifications, as determined by the director, shall require additional review fees and shall require reissuance of the required permit. Minor proposed modifications may be accepted by the director without requiring the reissuance of the accepted permit or the payment of additional review fees.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 15, 2009: Ord. 290 (2002) § 4, 2002: Ord. 199 (1996) § 3.30, 1996)
12.10.110 (Repealed)*
* Editor’s Note: Former Section 12.10.110, “Erosion and sedimentation control,” was repealed by Ordinance 433 (2009). Section 3.40 of Ordinance 199 (1996) was formerly codified in this section.