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(1) The county may approve project-specific modifications of the regulations and standards in chapters 30.63A and 30.63B SCC, the Drainage Manual and the stormwater-applicable requirements of the EDDS pursuant to the requirements of this section. The department shall have decision-making authority for modifications of this title and the department of public works shall have decision-making authority for modifications of the Drainage Manual and the stormwater-applicable requirements of the EDDS. The director of the department of public works may delegate the authority granted to them under this subsection (1) to the director of the department of planning and development services and/or the director of the department of conservation and natural resources.

(2) Modifications shall be requested in writing on an application form approved by the department.

(3) Modification requests shall be submitted as soon as the need for the modification is identified. Modifications that affect project lot yield, density or scope must be submitted prior to the SEPA threshold determination or the final administrative decision on the application.

(4) The modification fee established in SCC 30.86.515 shall be paid at the time the modification request is submitted to the department.

(5) The modification request shall:

(a) Specify the section(s) of chapters 30.63A or 30.63B SCC, the Drainage Manual, or the EDDS for which the modification is requested;

(b) Describe how the intent of the regulations and standards will be achieved with the modification;

(c) Provide the reasons for the request including site-specific details;

(d) Indicate how the request meets the criteria of subsection (6) of this section;

(e) Indicate if a submittal requirement is required to be modified or waived; and

(f) Contain sufficient information to evaluate the request.

(6) The appropriate director may modify any regulation or standard in chapters 30.63A and 30.63B SCC, the Drainage Manual, or the stormwater-applicable requirements of the EDDS for a specific project, provided that the applicant has demonstrated to the director’s satisfaction that the following criteria are met:

(a) The modification provides substantially equivalent environmental protection as adopted stormwater management regulations and standards;

(b) The modification is based upon sound engineering practices which will meet design objectives addressing safety, function, environmental protection, and facility maintenance;

(c) The modification does not adversely impact off-site properties; and

(d) The modification results in the least possible change that could be granted that still meets the intent of chapters 30.63A and 30.63B SCC, the Drainage Manual and the EDDS.

(7) No submittal checklist requirement shall be modified which would result in a failure to meet the requirements of chapters 30.63A or 30.63B SCC, the Drainage Manual, or the EDDS.

(8) The appropriate director shall issue a written decision within 30 days of receipt of a complete modification request. However, if the request requires a significant amount of technical analysis by the department, the director may notify the applicant by U.S. or electronic mail that additional review time is required beyond 30 days or that additional information is needed to render a decision.

(9) The appropriate director’s written decision shall approve, conditionally approve, or deny the request. It shall include findings of fact and conclusions documenting the county’s evaluation of the modification criteria in subsection (6) of this section. The decision shall state that the applicant can file a request for reconsideration pursuant to SCC 30.63A.835.

(10) The appropriate director’s modification decision shall be the county’s final decision on the modification request unless reconsideration is requested under SCC 30.63A.835. The hearing examiner may not review the director’s final decision on the modification request under either the hearing examiner’s original or appellate jurisdiction.

(11) If the appropriate director determines that a modification of a procedural requirement should apply to all applications for new development and redevelopment, the modification may be applied to all applications for new development or redevelopment without a need for each applicant to request the modification. (Added by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-102, Jan. 11, 2016, Eff date Jan. 22, 2016; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021).