Chapter 12.04
GENERAL PROVISIONS
Sections:
12.04.010 Declaration of title.
12.04.020 Storm water management standards and specifications.
12.04.030 Applicability.
12.04.040 Applicability of other ordinances and permits.
12.04.050 Administration.
12.04.060 Appeals.
12.04.010 Declaration of title.
This title shall be known as the “Storm Water Management Ordinance.”*
(Ord. 199 (1996) § 1.10, 1996)
* Editor’s Note: Chapters 12.04 – 12.32, as adopted by Ordinance 199 (1996), comprise the “Storm Water Management Ordinance.”
12.04.020 Storm water management standards and specifications.
The Kitsap County board of commissioners recognizes that storm water control technology is a developing and evolving science. In order to ensure that the latest and best technology is utilized in Kitsap County, Exhibit A attached to the ordinance codified in this title and incorporated herein by this reference is adopted as the Kitsap County Stormwater Design Manual. All references to this title shall include the Kitsap County Stormwater Design Manual. The director may amend the Kitsap County Stormwater Design Manual, with the approval of the Kitsap County board of commissioners, as necessary to reflect changing conditions and technology. All requirements contained in the Kitsap County Stormwater Design Manual, together with any amendments thereto, must be complied with as provided in Section 12.04.030.
(1) Technical Deviations. The director may grant minor technical deviations from requirements contained in the Kitsap County Stormwater Design 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 by the board of commissioners;
(C) The granting of the technical deviation will produce a compensating or comparable result which is in the public interest;
(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 board of commissioners may, following a public hearing, grant a variance from the provisions of this title, provided that all of the following criteria are met:
(A) The granting of the variance will produce a compensating or comparable result which is in the public interest;
(B) The granting of the variance will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.
(3) Water Quality. For circumstances or conditions related to water quality which are not specifically addressed within the scope of this title, the preferred method for selection, design and implementation of storm water management practices shall be the most current edition of the Washington State Department of Ecology publication, Stormwater Management Manual for the Puget Sound Basin, or a subsequent manual adopted by WSDOE.
(Ord. 199 (1996) § 1.20, 1996)
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 storm water facilities in unincorporated Kitsap County. The provisions of Chapter 12.30 (Water Quality) 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. 199 (1996) § 1.40, 1996)
12.04.040 Applicability of other ordinances and permits.
Any land development which 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. 199 (1996) § 1.45, 1996)
12.04.050 Administration.
The director, or an assignee, shall administer this title. The director shall have the authority to develop and implement procedures to administer and enforce this title.
(Ord. 199 (1996) § 1.46, 1996)
12.04.060 Appeals.
An aggrieved party may appeal any administrative interpretation or departmental ruling related to this title to the Kitsap County board of commissioners.
(Ord. 199 (1996) § 1.60, 1996)