30.63A.840 Waivers.
(1) The county may approve requests for project-specific waivers 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 waivers from this title and the department of public works shall have decision-making authority for waivers from 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) Waivers shall be requested in writing on an application form approved by the department.
(3) Waiver requests shall be submitted as soon as the need for the waiver is identified. Waivers 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. The waiver fees established in SCC 30.86.510 shall be paid at the time the waiver request is submitted to the department.
(4) The waiver request shall:
(a) Specify the section(s) of chapters 30.63A or 30.63B SCC, the Drainage Manual, or the EDDS for which the waiver is requested;
(b) Describe how the intent of the requirement will be achieved with the waiver;
(c) Provide the reasons for the request including site-specific details;
(d) Document how the request meets the criteria of subsection (5) of this section; and
(e) Contain sufficient information to evaluate the request.
(5) The appropriate director may waive 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 appropriate director finds and documents in writing that the application of the stormwater management requirement or standard for which the waiver is sought will deny the project applicant all economically viable use of the property that is subject to the requirement or standard;
(b) The waiver will not increase risk to the public health and welfare, be injurious to other properties in the vicinity or upstream or downstream, or affect the quality of waters of the state; and
(c) The waiver is the least possible waiver that could be granted to comply with the intent of chapters 30.63A and 30.63B SCC, the Drainage Manual, and the EDDS.
(6) A notice of application shall be provided for each waiver application pursuant to the procedures outlined in SCC 30.70.045 through 30.70.070.
(7) The appropriate director shall issue a written decision within 30 days of the end of the comment period established in SCC 30.70.060. 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.
(8) The director’s decision shall be in writing and include findings of fact and conclusions based upon an evaluation of the waiver criteria in subsection (5) of this section. The director may approve, approve conditionally or deny the waiver request. The decision shall state that the applicant and any party of record may request reconsideration of the decision pursuant to SCC 30.63A.842. The director shall provide a notice of decision pursuant to SCC 30.71.040.
(9) The appropriate director shall also include in the written decision the following information:
(a) The current (pre-project) use of the site;
(b) How the application of the standard(s) or requirement(s) for which the waiver is sought restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the applicable minimum requirements;
(c) The possible remaining uses of the site if the waiver were not granted;
(d) The uses of the site that would have been allowed in Title 30 SCC prior to the adoption of the applicable minimum requirements;
(e) A comparison of the estimated amount and percentage of value loss as a result of the requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the applicable minimum requirements; and
(f) Whether it is feasible for the owner to alter the project to apply the applicable minimum requirements.
(10) The appropriate director’s waiver decision shall be the county’s final decision on the waiver request unless reconsideration is requested under SCC 30.63A.842. The hearing examiner may not review the director’s final decision on the waiver request under either the hearing examiner’s original or appellate jurisdiction.
(11) If the appropriate director determines that a waiver of a procedural requirement should apply to all applications for new development or redevelopment, the waiver may be applied to all such applications without a need for each applicant to request the waiver. (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).