No person shall develop any land without having provided for appropriate stormwater management measures that control or manage runoff from such developments, except as allowed within SMC § 13.48.050, § 13.48.060, and § 13.48.070.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.310)
A. 
A site development or building permit application shall contain the following:
1. 
Application form;
2. 
Clearing and grading plan showing each phase of construction or a separate construction phasing plan;
3. 
Construction schedule;
4. 
Stormwater site plan, including a construction stormwater pollution prevention plan;
5. 
Environmental checklist consistent with the State Environmental Policy Act, unless exempt by state law;
6. 
On potential steep slopes, an area survey may be required per the city engineer;
7. 
Application fees;
8. 
Easements for the stormwater management facilities and easements to provide adequate access for inspection and maintenance from a public right-of-way;
9. 
A recorded stormwater maintenance agreement;
10. 
Land use restrictions commensurate with implemented LID practices; and
11. 
Security as defined in SMC § 13.48.355 and § 13.48.360.
B. 
The applicant is responsible for obtaining any other permits required by any special district or other applicable agency or utility.
C. 
The city engineer or his or her designee may require additional information before issuing a permit including but not limited to a geotechnical report.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.312)
A. 
A stormwater site plan prepared in accordance with the manual and the Sumner Development Specifications and Standard Details shall be submitted to the city by the applicant for review and approval for any proposed development, unless otherwise exempted.
B. 
A stormwater site plan or application for a waiver shall be submitted to the city by the applicant for review and approval for any proposed development, unless otherwise exempted. The stormwater site plan shall be accompanied by supporting computations, drawings, and sufficient information describing the manner, location and type of measures in which stormwater runoff will be managed from the entire development. The city shall review the plans to determine compliance with the requirements of these regulations prior to approval. The plans shall serve as the basis for all subsequent construction.
C. 
The stormwater site plan and supporting documents shall be stamped and signed by an engineer licensed to practice in the state of Washington.
D. 
The applicant is responsible for obtaining any other permits required by any special district or other applicable agency or utility.
E. 
The stormwater site plan shall not be considered approved without the inclusion of the signature and the date of the signature of the city engineer or his or her designee on the plan.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.314)
A. 
The applicant is responsible for submitting a stormwater site plan which conforms to the design requirements of these regulations, the manual, and the Sumner Development Specifications and Standard Details. Contents of the stormwater site plan may vary with the type and size of the project, individual site characteristics, and the location of the site within the city. As part of the preapplication coordination, the applicant and the engineer of record may schedule a consultation with the city engineer or his or her designee to discuss the minimum requirements and best management practices (BMPs) applicable to the project. The stormwater site plan shall also document any special conditions required by any applicable special district.
B. 
Contents of a construction stormwater pollution prevention plan shall be consistent with the requirements and examples of the standards adopted in SMC § 13.48.030. Erosion and sediment control BMPs shall be designed and stamped by a civil engineer licensed to practice in the state of Washington. The required contents of geotechnical engineering reports shall be established on a project-by-project basis.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.316)
A nonrefundable permit fee shall be collected at the time of issuance of a site development permit. The permit fee shall provide for the cost of plan review, administration, management of the permitting process, and inspections of permitted activities. Fees related to site development permits shall be calculated as follows:
A. 
Base Permit Fee.
•
Commercial/industrial development: $100.00;
•
Residential development: $50.00.
B. 
Plan Review Fee.
•
One hour x current engineering burdened rate (minimum);
•
In-house plan review fee: Number of hours x current engineer burdened rate;
•
Third-party review fees as billed to city, including city administrative costs.
C. 
Inspection Fee.
•
Two hours x current inspector burdened rate (minimum);
•
([# disturbed acres x 4] + 10) x current inspector burdened rate;
•
Additional inspection as warranted: Number of hours x current staff burdened rate.
The total fee for site development permit approval shall be the sum of the above elements. Plan review fees shall be accrued until the construction plans are approved for construction. Accrued review fees shall be paid regardless of whether a permit is issued. Inspection fees shall be accrued until final project approval and shall be assessed to the permittee as they are accrued. TESC approval and permit issuance will not occur until plans are approved for construction.
If additional inspections are required for a subject property other than those referenced in Article VI of this chapter, city employees' time for such inspections shall be charged to the applicant and/or other person subject to the provisions of this chapter on an hourly basis per the current burdened rate. Burdened rates for city staff are actual salaries plus benefits with a 1.25 multiplier to cover indirect costs. City staff burdened rates are specified in the Sumner utility rate and fee schedule.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.318)
Each new development or redevelopment in the city of Sumner shall pay a system development charge. Payment for system development charges to the storm drainage system is outlined below.
A. 
Depending on the size and timing of a development, site permits can be issued as follows:
1. 
A single site development permit which includes TESC, grading and filling, and all nonstructure site improvements including utilities, curb and gutter, sidewalk, and paving. Under this scenario, SDC collection would be conducted as follows:
# ESUs x $ SDC
The number of ESUs for single-family residences, including duplex-family units, triplex-family units, and single-family residences with a detached accessory dwelling, shall be calculated as specified in SMC § 13.32.100. The number of ESUs for all other developments, including institutional, commercial, industrial, and multifamily development with four or more housing units, shall be calculated using the actual measurement of the site impervious surface area to determine the number of ESUs. The system development charge per ESU shall be as established in the Sumner utility rate and fee schedule.
2. 
A site permit for TESC phase (for TESC and grading/filling) and a site development permit for the remaining nonstructure site improvements. Under this scenario, SDC collection would be phased as outlined below:
a. 
The owner(s) shall first pay a system development charge for the TESC phase prior to issuance of a site permit for the TESC phase calculated as follows:
(# Square Feet of Disturbed Land/1,000) x $20.00
Square feet of disturbed land shall be calculated to the nearest 100 square feet.
b. 
The owner(s) shall then pay the remainder of the system development charge prior to issuance of the site development permit calculated as follows:
(# ESUs x $ SDC) – SDC Collected During TESC Phase
The portion of the system development charge collected during the TESC phase shall only be credited against the total system development charge due if the site development permit is issued within three years of issuance of the site permit for the TESC phase. Nonresidential parcels having private outfalls will receive a 25% credit off the system development charge. Private outfalls are defined in Chapter 13.48 SMC.
B. 
The owner(s) of a parcel shall pay all costs of connecting and discharging runoff from its parcel to the storm drainage system. This obligation shall be assumed in addition to any permit, plan review or inspection fee or other stormwater charges, pursuant to this chapter.
C. 
Effective January 1st of each year, the system development charge shall be adjusted according to the Seattle Construction Cost Index (SCCI) annual percent change published by the Engineering News-Record each October of the prior calendar year, unless the rate was already adjusted by ordinance within the prior 12 months. The schedule of system development charges for the stormwater is specified in the Sumner utility rate and fee schedule, as amended from time to time, available online and at City Hall.
D. 
The system development charges collected under this chapter shall be deposited in the utility's capital reserve fund and used only for utility system improvements.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Ord. 2429 § 2, 2013; Ord. 2522 § 1, 2015; Ord. 2660 § 4, 2018; Ord. 2752 § 1 (Exh. A) (part), 2020; Ord. 2948, 11/17/2025. Formerly 13.48.320)
A. 
A "latecomer agreement" shall be defined as an agreement between the city and a property owner for the sole purpose of reimbursing such owner for costs incurred by that owner for the installation of a public storm drainage system. Said system shall have a reasonable possibility of directly benefiting future development by other properties within the area.
B. 
The latecomer agreement charge shall be based on the total project cost and figured on either a front foot or area assessment basis or both at the reasonable discretion of the public works department. The project costs shall include all associated design and construction charges of said project submitted by the property owner and approved by the city.
C. 
The public works director is authorized and directed to execute latecomer agreements at the request of the property owner as provided by chapter 13.40 SMC.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.322)
Any land-disturbing or building permit issued by the city may be suspended or revoked by appropriate authority after written notice is given to the applicant for any of the following reasons:
A. 
Any violation(s) of the conditions of the stormwater site plan approval.
B. 
Changes in site runoff characteristics upon which a variance was granted.
C. 
Construction is not in accordance with the approved plans.
D. 
Noncompliance with correction notice(s) or stop work order(s) issued for the construction of the stormwater management facility.
E. 
An immediate danger exists in a downstream area in the opinion of the city.
F. 
Fraudulent or intentional misrepresentation of information relied upon for plan review.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.324)
In granting the stormwater site plan approval, the city may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of these regulations, the preservation of the public health and safety, conformance with the NPDES Phase II permit, and conformance with the UIC rule.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.326)
For projects that propose stormwater management facilities meeting the definition of a Class V underground injection well, the city will provide notification to Ecology as required by WAC 173-218-070.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.329)
The city shall require from the applicant a cash or surety or cash bond prior to the issuance of any permit requiring a stormwater site plan. The amount of the security shall be 100 percent of the total estimated construction cost of the storm drainage system that will be conveyed to the city as a public facility or $20,000, whichever is greater. The bond so required for the elements needed for conformance with this chapter shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater site plan, compliance with all the provisions of these regulations, and other applicable laws and regulations, and any time limitations. The bond shall remain in effect until the facility is approved by the city. See Chapter 1 of the Sumner Development Specifications and Standard Details for additional information regarding final acceptance.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.330)
All contractors performing work within any existing street right-of-way or any public easement shall have a valid permit covering the work and shall be currently licensed and bonded with the state of Washington and the city during the course of the work.
In addition to required bonds, all applicants or their contractors shall maintain a liability policy for the duration of the permit in the amount of not less than $1,000,000 for bodily injury liability (for each occurrence) and for not less than $1,000,000 for property damage liability (for each occurrence). Such insurance shall include the CG 20 12 endorsement naming the city of Sumner, its officers and employees as specifically additional insureds, and the project site address and city project/permit number shall be included in the project description. The applicant shall not reduce or cancel the liability policy without 30 days' written prior notice to the city. Applicants shall present the city with a certificate of insurance before the city shall issue any permit.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.332)
Whenever any work is being done contrary to the provisions of this chapter, or other pertinent laws or ordinances implemented through the enforcement of this chapter, the city engineer or his or her designee may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the city engineer or his or her designee to proceed with the work.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.334)
Any condition or activity which violates the provisions of this chapter shall be unlawful and a public nuisance and may be abated as such through stop work orders, revocation of permits, and civil penalties, as well as any other remedies which are set forth in this chapter.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.336)
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 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, in accordance with the Sumner Development Specifications and Standard Details.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.338)
A. 
All work within the limits of any street right-of-way or any public easements shall be pursued to completion with due diligence and, if an excavation is left open beyond a reasonable length of time, the city shall cause the same to be backfilled and restored forthwith.
B. 
Any costs incurred by the city in backfilling or restoring said excavation will be charged to the property owner and/or applicant. Any delinquent payments shall constitute a lien.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011; Formerly 13.48.340)