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ss°a co JEFFERSON COUNTY <br />4 <br />©� DEPARTMENT OF COMMUNITY DEVELOPMENT <br />i a 621 Sheridan Street, Pon Townsend, WA 983681 Web: www.m.iefferson.wa.uslcommunitvdevelooment <br />'sarN°'r° Tel: 360.379.44501 Fax: 360.379.44511 Email: dod0co.iefferson.wa.us <br />SquareONE Resource Center I Building Permits 6 Inspections I Development Review I Long Range Planning <br />Jefferson County Code Interpretation <br />Date: November 3, 2015 <br />Issued by: David Goldsmith, Interim Director Community Development, Shoreline and <br />UDC Administrator <br />Affected: All properties within Jefferson County, Washington <br />Subject: Stormwater improvements appurtenant to existing legal or legal non -conforming structure <br />maintenance and repair in shoreline jurisdiction or new development approved under a Site <br />Plan Advance Approval Determination. <br />Summary of Issue <br />Many Site Plan Approval Advance Determinations (SPAAD) were approved that did not address <br />siting of stormwater improvements. SPAAD approvals normally define a building envelope within <br />which future building details are developed. Because stormwater requirements are not typically <br />known at the time of these advance approvals, SPAADs do not vest for any particular stormwater <br />solution (JCC 18.40.470 Limitations on approval). Applicants are discovering that the SPAAD's <br />approved building envelope cannot accommodate subsequent stormwater improvements <br />recommended by geotechnical and/or stormwater engineering analysis. <br />Building permit applicants for reconstruction, repair, or maintenance to existing legal structures <br />and legal non -conforming structures in shoreline jurisdiction may also opt to correct inadequate <br />stormwater runoff controls with new systems instead of repairing substandard systems that cannot <br />meet the County's current stormwater code, which adopts the 2012 Ecology Stormwater Management <br />Manual for Western Washington. <br />In some circumstances, a paradox results: a redesigned stormwater system that meets current <br />standards may only be feasible if it further encroaches into critical area buffers, violating shoreline <br />and/or critical area standards. Such a case may be due to constraints grandfathered with the existing <br />structures and/or lots. However, both shoreline and critical areas regulations prohibit further intrusion <br />into critical area buffers. Damaged or inadequate stormwater controls, if left uncorrected, could <br />impair shorelines ecological functions through erosion, vegetation disturbance or other habitat <br />damage. <br />Currently, the only relief from such prohibitions is through the variance process, which is <br />potentially lengthy and expensive, and could have the unintended consequence of discouraging <br />applicants from proper repair, remodeling, and/or maintenance. Under appropriate circumstances, <br />described below, the County believes that repair and maintenance of these facilities is consistent with <br />the intent of the Shoreline Master Program, protection of shoreline ecological functions, and does not <br />warrant the variance procedure. <br />file d/IG\PLANNING\JCC%20-%20UDC%20 °%200ther"/o20Codes\Code%201nteroretations\2015-07 Stormwater- <br />SM P%20Code%20i ntero\DRAFT%2OStormwater-SMP%20code%20interp.docz <br />