9.24.040 Application and review process.
(a) All projects shall comply with the permit and approval requirements specified in Selah Municipal Code Chapter 9.23, Section 9.23.050.
(b) Projects meeting the state regulatory threshold shall comply with WDOE's submittal, review and approval process found in the construction storm water general permit.
(1) No plan shall be approved that increases the peak level of storm water runoff from impervious areas, unless the plan identifies measures to control and limit runoff to peak levels no greater than would occur from the site if left in its natural, undeveloped condition.
(2) No development or use of land which requires coverage under the construction storm water general permit shall be permitted without an approved storm water pollution prevention plan.
(3) The city shall also review all projects meeting the state regulatory threshold after project approval has been received from the WDOE. City review will be to confirm compliance with WDOE requirements and shall not relieve the contractor from meeting all requirements established by WDOE.
(4) A transmittal letter shall be provided with all SWPPPs submitted to the city. The letter shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm. The letter shall also include a statement that all construction activities shall be in accordance with the storm water pollution prevention plan.
(c) The city shall be notified of the commencement of any development or redevelopment project covered by a storm water pollution prevention plan and the owner or responsible person shall be required to provide certification that the project is in conformity with the previously approved storm water pollution prevention plan.
(d) Any modifications to a storm water pollution prevention plan shall be submitted to the city of Selah public works director, or his/her designated representative, for review and a new SWPPP shall be submitted upon request of the city.
(e) Approval of the storm water pollution prevention plan does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed.
(f) Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or if implementation of the plan is not proceeding in the approved manner.
(g) Approval of a SWPPP may be suspended if the project is not completed within a two-year period or development has ceased for a period of more than two years; however, a one-year extension may be granted upon a written request which provides the reason(s) for the delay or cessation of development and specifies a time frame for completion or commencement of development.
(h) If a severe and unexpected economic hardship would result from strict application of the requirements of this chapter, a person may request a variance.
(1) To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the permittee must consider and document with written findings of fact the following:
•The current (pre-project) use of the site;
•How the application of the minimum requirement(s) found in this chapter restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements;
•The possible remaining uses of the site if the exception were not granted;
•The uses of the site that would have been allowed prior to the adoption of the minimum requirements;
•A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and
•The feasibility for the owner to alter the project to apply the minimum requirements.
(2) In addition any exception must meet the following criteria:
•The exception will not increase risk to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and
•The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements found in this chapter.
(3) If the city of Selah public works director, or his/her designated representative, denies a request for variance, the denial may be appealed in writing to the city council within ten days of notice of denial. The city council shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The city council will not accept additional supporting documentation if the information was reasonably available at the time the request for variance was made and could have been submitted to the public works department. (Ord. 1800, § 1, 2010.)