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Stormwater Review
Date of review February 8, 2017
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Reviewer: Robert C. Edwards, L tormwater Engineer, City of Edmonds
Background
This is classified as a Category 2 Small Site because it proposes impervious area exceeding 5,000 SF.
Category 2 Small Site Projects are subject to Small Site Minimum Requirements 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, and 11.
The short -plat for this project was approved in 2016,
The Supreme Court of Washington issued a ruling on December 29, 2016 regarding the "vesting"
of Stormwater regulations. This ruling upholds the Department of Ecology's regulations for
application and construction dates for projects with Stormwater requirements.
The City of Edmonds has endeavored to clarify the impacts of the ruling and Ecology's
regulations on application for subdivisions and short subdivisions submitted prior to January 1,
2017. The Department of Ecology provided guidance to the City on January 30, 2017, confirming
that applications for subdivisions and short subdivisions accepted by the City of Edmonds prior to
January 1, 2017 shall constitute an application for the definition of the Department of Ecology's
NPDES Phase 11 permit. Such projects that do not start construction by January 1, 2022 will be
subject to the new Department of Ecology regulations.
Consistent with DOE's November 2015 clarification on timing (posted on their website), this shall
be interpreted to mean that if a subdivision application is received by the City prior to January 1,
2017, the subdivision and subsequent building permits for the individual lots will be allowed to
complete design and construction consistent with the stormwater management code under
which their storm system was designed. If the subdivision included restrictions or requirements
for the individual lots, (e.g. maximum impervious surface, LID BMP's), those requirements should
be recorded for each lot and must be enforced when the individual lot is developed. Again, such
projects that do not start construction by January 1, 2022 will be subject to the new Department
of Ecology regulations.
Applicants are cautioned that the Department of Ecology has not issued a written decision in
support of this guidance. For this reason, the stormwater comments provided are preliminary
and subject to revision should the Department of Ecology issue a written decision that
contradicts the guidance initially received by the City.
Minimum Requirement # 10 — Offsite Analysis and Mitigation
Comments: None
Minimum Requirement #11— Financial Liability
Comments: None