The purpose of this chapter is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased storm and surface water runoff. Proper management of storm and surface water runoff will minimize damage to public and private property, reduce the effects of development on land and stream channel erosion and sedimentation, assist in the attainment and maintenance of water quality standards, reduce local flooding, and maintain postdevelopment, to the maximum extent practicable, the predevelopment runoff characteristics, while meeting the 2005 Stormwater Management Manual for Western Washington as prepared by the Department of Ecology and adopted by the city of Centralia.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
For the purposes of this chapter, the following definitions describe the meaning of the terms used in this chapter:
A. 
"Adverse impact"
means any deleterious effect on water or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
B. 
"Agricultural land management practices"
means those methods and procedures used in the cultivation of land in order to further crop production and conservation of related soil and water resources.
C. 
"Applicant"
means any person, firm or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
D. 
"Aquifer"
means a porous water-bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.
E. 
"City engineer"
means the city of Centralia engineer or his or her designee.
F. 
"City manager"
means the city of Centralia city manager or his or her designee.
G. 
"Clearing"
means the removal of trees and brush from the land, but shall not include the ordinary mowing of grass.
H. 
"Detention structure"
means a permanent structure designed to store runoff for discharge at rates approximating what would have occurred under predevelopment conditions.
I. 
"Develop land"
means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial or institutional construction or alteration.
J. 
"Developer"
means a person, group or company engaged in land or property development or proposed development.
K. 
"Drainage area"
means that area contributing runoff to a single point measured in a horizontal plane which is enclosed by a ridge line.
L. 
"Engineer"
means a civil engineer or civil engineering firm licensed in Washington State that has been retained or employed by the city or private developer/property owner to perform engineering services.
M. 
"Easement"
means a grant or reservation by the owner of land for the use of such land by others for specific purpose(s), and which must be included in the conveyance of land affected by such easement.
N. 
"Exemption"
means those land development activities that are not subject to the storm and surface water management requirements contained in this chapter.
O. 
"Flow attenuation"
means detaining or retaining runoff to reduce the peak discharge.
P. 
"Grading"
means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof.
Q. 
"IDDE"
means illicit discharge detection and elimination.
R. 
"Infiltration"
means the passage or movement of water into the soil surface.
S. 
"MEP"
means maximum extent practicable.
T. 
"Off-site storm and surface water management"
means the design and construction of a facility necessary to control storm and surface water from more than one development.
U. 
"On-site storm and surface water management"
means the design and construction of systems necessary to control storm and surface water within an immediate development.
V. 
"Public works director"
means the public works director of the city of Centralia or his/her designee.
W. 
"Retention structure"
means a permanent structure that provides for the storage of runoff by means of a permanent pool of water or infiltration.
X. 
"Sediment"
means soils or other surficial materials transported or deposited by the action of wind, water, ice or gravity as a product of erosion.
Y. 
"Site"
means any tract, lot or parcel of land or combination of tracts, lots or parcels of land which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision or project.
Z. 
"Stabilization"
means the prevention of soil movement by any of various vegetative and/or structural means.
AA. 
"Storm and surface water management"
means:
1. 
For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and
2. 
For qualitative control, a system of vegetative, structural and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
BB. 
"Storm drainage plan"
means a set of drawings or other documents submitted by a person as a prerequisite to obtaining a storm drainage permit, which contains all of the information and specifications pertaining to storm and surface water management.
CC. 
"SMMWW"
means Stormwater Management Manual for Western Washington.
DD. 
"Stripping"
means any activity which removes the vegetative surface cover, including tree removal, clearing, grubbing and storage, or removal of topsoil.
EE. 
"Variance"
means the modification of the minimum storm and surface water management requirements for specific circumstances where strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this chapter.
FF. 
"Watercourse"
means any natural or artificial stream, river, creek, ditch, channel, swale, conduit, culvert, drain, or ravine, in and including any area adjacent thereto which is subject to inundation by reason of overflow or flood water.
GG. 
"Watershed"
means the total drainage area contributing runoff to a single point.
HH. 
"Wetlands"
means an area that has saturated soils or periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
The 2007 City of Centralia Stormwater Management Plan together with any amendments thereto is adopted by reference. Pursuant to RCW 35.21.180, at least one copy of the plan set forth in this section shall remain on file in the office of the city clerk for use and examination by the public.
(Ord. 2200 § 1, 2007; Ord. 2245 § 1 (part), 2010)
A storm and surface water drainage plan or application for a waiver shall be submitted to the city engineer by the developer for review and approval for any proposed development, unless otherwise exempted. The storm and surface water drainage plan shall be accompanied by supporting computations, drawings and sufficient information describing the manner, location and type of measures in which storm and surface water runoff will be managed from the entire development. The information supplied by the developer shall be in conformance with the 2005 Stormwater Management Manual for Western Washington as prepared by the Department of Ecology and the city of Centralia design and development guidelines. The developer is responsible for submitting a storm and surface water management plan which meets the design requirements provided by this chapter.
No person shall develop any land for residential, commercial, industrial or institutional uses without having provided for appropriate storm and surface water management measures that control or manage runoff from such developments.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
The following development activities are exempt from the provisions of this chapter and the requirements of providing storm and surface water management:
A. 
Agricultural land management activities;
B. 
Additions or modifications to existing single-family detached residential structures;
C. 
City of Centralia owned facilities and streets.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
The city engineer may grant a written variance from any requirement of this chapter if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the city engineer and shall state the specific variances sought and reasons for their granting. The city shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the person developing land.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
A grading/fill permit or building permit may not be issued for any parcel or lot unless a storm and surface water drainage plan has been approved by the city engineer.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
A nonrefundable one-hundred-dollar permit fee shall be collected at the time the storm and surface water drainage plan is submitted. The permit fee will provide for the cost of plan review, administration and management of the permitting process and inspection of all projects or repair of such projects subject to this chapter.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
In granting the plan approval, the city engineer may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this chapter and the preservation of public health and safety. Any surface and stormwater utility permit, building permit or grading permit issued by the city may be suspended or revoked after written notice is given to the permittee for any permit violation(s).
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
The minimum storm and surface water control and management requirements shall be in accordance with standards adopted by the city and included in the 2005 Stormwater Management Manual for Western Washington.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
Storm and surface water systems shall be designed and constructed in accordance with the standards and specifications as set forth in the most recent version of the standard specifications for road, bridge and municipal construction published by the American Public Works Association (APWA) and the Washington State Department of Transportation, the 2005 Stormwater Management Manual for Western Washington published by the Washington State Department of Ecology and the city of Centralia design and development guidelines.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
Prior to issuance of the certificant of occupancy permit, the city shall require the applicant to execute an inspection and maintenance agreement binding on all subsequent owners of land served by the private storm and surface water drainage system. The maintenance agreement shall be recorded by the city. Such agreement shall provide for access to the system at reasonable times for regular inspection by the city or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards and any provisions established. Such agreement may contain provisions for regular or special assessments.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
A. 
The developer will submit to the city a proposed construction schedule ten days prior to commencing construction. The city engineer shall conduct inspections and file reports for periodic inspections necessary during construction of storm and surface water management systems to ensure compliance with the approved plans. The developer shall notify the city upon completion of the project when a final inspection will be conducted.
B. 
Any portion of the work which does not comply with city regulations will be promptly corrected by the developer, after written notice from the city. The notice shall set forth the nature of corrections required and the time within which corrections will be made.
C. 
A final inspection shall be conducted by the city upon completion of the elements of the storm and surface water drainage plan to determine if the completed work is constructed in accordance with the approved plan and this chapter. The developer shall supply an as-built certification by a registered professional engineer licensed in the state of Washington to certify that the facility has been constructed as shown in the as-built plans and meets approved plans and specifications. The city will provide the developer with a written notification of the results of the final inspection.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
A. 
It shall be the responsibility of the developer or property owner to maintain all infiltration systems, retention, detention or other storm and surface water drainage structures as contained in the storm and surface water utility permit.
B. 
The city shall annually inspect all infiltration systems, retention, detention or other storm and surface water drainage structures.
C. 
If the inspection indicates improper maintenance, unsafe conditions, or danger to public health or safety, the city shall so inform the developer or property owner of those conditions as well as a schedule for remediation. The cost of such remediation is the responsibility of the property owner. In any instance where the developer or property owner fails to make the appropriate correction, the city will take such action as necessary to protect the public health and safety. Any cost incurred by the city shall be recovered from the developer or property owner.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
A. 
The violation of or failure to comply with any of the provisions of this chapter is unlawful. The remedies and penalties provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
B. 
If the city observes any violation of the provisions of this chapter, the city may notify the person of the violation in writing, and require the person to cure or correct the violation within a period of time as specified by the city. However, if a violation presents an imminent and material risk of danger to persons, property or the public health, safety or welfare, the city may take any action as may be necessary to protect the persons, property or public. The city may assess any cost incurred by the city against the person that is responsible for the violation.
C. 
Any person, firm or corporation who knowingly violates or fails to comply with this chapter shall be deemed to have committed the following:
1. 
First offense shall constitute a Class 1 civil infraction with the maximum assessment not to exceed the amount of two hundred fifty dollars, not including statutory assessments.
2. 
Second offense shall constitute a misdemeanor, and if found guilty shall be subject to a fine not to exceed one thousand dollars, plus costs and assessments, and/or imprisonment not to exceed ninety days, or both such fine and imprisonment. A second offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
3. 
Third or subsequent offenses shall constitute a gross misdemeanor, and if found guilty shall be subject to a fine not to exceed five thousand dollars, plus costs and assessments, and/or imprisonment not to exceed three hundred sixty-five days, or both such fine and imprisonment. A third or subsequent offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
D. 
Any person, firm or corporation violating any other of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand nine hundred dollars or by imprisonment in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
The installation or maintenance of any cross connection, pertaining to the connection between any storm and surface water drainage system and any sanitary sewer system, is prohibited. Any such cross connections now existing, or hereafter installed, are a nuisance and shall be abated immediately. If, after proper notice, the property owner does not abate the cross connection as directed by the city, then the city shall have the authority to abate such connection(s) and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien on said property.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
A. 
It shall be unlawful for any developer or property owner to discharge into the public storm drainage system, directly or indirectly, any liquid or solid foreign substances of biodegradable or other nature which do not meet the water quality standards of the state of Washington.
B. 
Products of erosion shall be prevented from entering the public drainage system at all times, both during construction on the property and the subsequent operation of the facilities provided. All trash and debris shall be prohibited from entering the drainage system at any point within the property. This includes tracking onto adjacent public or private property.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
All public storm drainage systems shall be required to be located within a recorded public storm drainage easement or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for city access to said storm drainage facilities. The minimum width of the required drainage easement shall be adequate to encompass all facilities and include room for access and maintenance, as determined by the city.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)
An appeal of any action of enforcement of this chapter may be made to the public works director. If the appeal is unresolved, the appeal may be made to the city manager for final determination.
(Ord. 2144 § 1 (part), 2004; Ord. 2245 § 1 (part), 2010)