The City shall manage increased surface water flow and stormwater runoff from the use and development of real property to protect persons, property, and the environment. The City shall implement policies and procedures to:
A. 
Minimize the degradation of water quality in surface water and groundwater;
B. 
Reduce the impact from increased stormwater runoff, erosion and sedimentation caused by property development;
C. 
Promote site planning and land development practices that are consistent with site topography and hydrological conditions; and
D. 
Maintain and protect public and private property that is used and dedicated for stormwater management.
(Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
No person on any public or private real property located within the City shall engage in the following regulated activities without City's approval. The regulated activities for development are:
A. 
Grading of land in excess of 500 cubic yards;
B. 
Construction of, or addition to, a building (except a single-family or duplex residence) or placement of impervious surfaces that exceed 5,000 square feet. For projects that are implemented in incremental stages, the threshold applies to the total amount of impervious surfaces replaced or added at full build-out;
C. 
Disturbance of one acre or more;
D. 
The subdivision, short subdivision and binding site plan process pursuant to Chapter 58.17 RCW and SVMC Title 20; and
E. 
Construction of drywells or other UIC wells regulated by Chapter 173-218 WAC, UIC Program.
(Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
The city manager or designee shall develop and administer City standards that relate to best management practices and the threshold requirements for the development of stormwater control facilities. The city manager or designee shall also develop policies that relate to the submission and modification of stormwater, erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be designed to control and contain stormwater, and reduce soil erosion and sedimentation through the use of temporary and permanent practices and facilities. The requirements shall be designed to permit flexibility in the choice of stormwater, erosion and sediment control methods that meet the specific circumstances of each site and intended use.
(Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the context requires otherwise, references to the local jurisdiction shall be construed to mean the City of Spokane Valley. The city clerk shall maintain a copy on file.
(Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
Following submittal of a request to engage in a regulated activity, the city manager or designee shall review the proposed regulated activity, including any plans or other submitted material. The city manager or designee shall determine whether the regulated activity is exempt from review based upon the threshold requirements or, alternatively, whether the regulated activity complies with the standards, specifications and requirements contained in the City standards. The city manager or designee may require the submission of additional material and/or analysis to allow the proponent to demonstrate compliance with City standards.
(Formerly 22.150.040; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
The city manager or designee is authorized to impose development requirements or conditions of approval for the regulated activities. These conditions may be placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and agreement may be placed upon a parcel or lot where drainage facilities will be developed.
Conditions of approval shall be based on the City standards, the preliminary site drainage plan, existing site condition, known stormwater problems, engineering reports or other relevant data to promote stormwater control, protection of adjacent properties, utilities or other stormwater facilities, slope stabilization and the environment.
(Formerly 22.150.050; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
A. 
Authority. The city manager or designee may grant a deviation from the requirements of Chapter 22.150 SVMC or City standards. In granting any deviation, the city manager or designee may prescribe conditions that are deemed necessary or desirable for the public interest.
B. 
Deviation Criteria. A deviation shall not be granted unless the applicant demonstrates, to the satisfaction of the development services senior engineer, the following:
1. 
Deviations are based upon sound engineering principles, best management practices and are not inconsistent with the public interest in stormwater control and environmental protection;
2. 
The granting of the deviation will not be unduly detrimental or injurious to other properties in the vicinity and downstream;
3. 
The proposed deviation does not conflict with or modify a condition of approval; and
4. 
Deviations meet requirements for safety, function, appearance, and maintainability.
C. 
Prior Approval. Any deviation shall be approved prior to acceptance of residential and commercial construction plans and issuance of any building, grading, approach, or other permits.
D. 
Right of Appeal. All actions of the city manager or designee in the administration and enforcement of Chapter 22.150 SVMC shall be final and conclusive, unless within 15 days from notice of the city manager or designee's decision the applicant or an aggrieved party files a notice of appeal with the hearing examiner.
(Formerly 22.150.080; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
All stormwater facilities shall be completed and certified by the proponent's engineer prior to any final plat, short plat, binding site plan, or the issuance of a permanent certificate of occupancy or final inspection for any associated building or grading permit. At the discretion of the city manager or designee, a facility may be tested to demonstrate adequate performance. The test shall be performed in the presence of the City.
Acceptance of performance sureties, in lieu of completed improvements, shall be permitted only when completion of improvements prior to final land action or permanent certificate of occupancy is impractical (i.e., due to construction season delays or other factors beyond the proponent's control).
In the event that a performance surety is accepted, the proponent shall complete the following measures prior to the release of the surety:
A. 
All aspects of the drainage facility, including landscaping, irrigation, and establishment of specified vegetation, shall be completed in accordance with the accepted plans on file with the City. The proponent's engineer shall certify the improvements and request an oversight inspection from the City.
B. 
An exception may be granted for single-family or two-family residential subdivisions where the completion of the swales is not practical until such time as the dwellings are constructed. The proponent shall rough-grade the swales to the required volume and install all drywells, inlets, curb drops and other structures in accordance with the accepted plans on file with the City. Erosion control measures shall be implemented to protect the installed drainage structures and to prevent erosion and/or failure of the swale side slopes. This includes, but is not limited to, lining the swale with geo-fabric that can be removed along with accumulated silt, until the swale is final-graded and vegetated. The completion of the landscaping, irrigation, and establishment of specified vegetation shall be required prior to issuance of the permanent certificate of occupancy or final inspection for any associated dwelling.
A warranty surety shall be submitted to the City upon successful completion and certification of all public improvements to guarantee against defects in construction. The warranty surety will be for a period of two years from the date the facility is accepted by the City.
(Formerly 22.150.090; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
The city manager or designee is authorized to field inspect on both public and private property, as appropriate, street, building site, drainage construction, and stormwater facilities to verify conformance with City standards, the conditions of approval, and proper maintenance and management of stormwater facilities installed pursuant to a City of Spokane Valley development application and pursuant to SVMC § 17.100.030(G).
If deemed necessary, inspection for proper maintenance and management of stormwater facilities, the City may require private property owners provide annual certification by a qualified third party that adequate maintenance has been performed and the facilities are operating as designed to protect water quality.
(Formerly 22.150.100; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
A. 
The property owner shall comply with SVMC Title 22. The property owner shall be responsible for repair, restoration, and perpetual maintenance of the stormwater facility installed on private property and any portion of the swale situated in a public right-of-way adjacent to their respective properties.
B. 
For purposes of Chapter 22.150 SVMC, "repair and restoration" shall mean conforming the stormwater facility to the plans on file with the City. This responsibility to repair, restore and maintain shall be imposed without regard to any fault or wrongful intention on the part of the property owner.
1. 
"Maintenance" means preservation of the original area, volume, configuration and function of the stormwater facility as described in the plans. "Maintenance" also includes mowing, irrigating, and replacing when necessary the lawn turf within the swales.
2. 
The property owners within single-family and two-family residential subdivisions are not responsible for maintenance of structures such as drywells, inlets, and pipes that receive runoff from public right-of-way and conform to City access standards and are located within the public right-of-way or a border easement dedicated to the City. The City will maintain the drywells, inlets and pipes upon acceptance of the public infrastructure.
C. 
The property owner is responsible for keeping open the drainage and stormwater easements on their property. If a drainage or stormwater easement is unlawfully encroached upon or the function of a designated drainage or stormwater easement is reduced, the property owner is responsible, at their own expense, for removing the encroachment or detriment.
D. 
The property owner is responsible for keeping open maintenance access easements serving drainage facilities and drainage easements.
E. 
The property owner shall not place or permit, and shall immediately remove, vehicles, equipment, objects, refuse, garbage or litter from the stormwater facility.
(Formerly 22.150.110; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)
It shall be unlawful for any person to throw, drain, pour or otherwise discharge pollutants or waters containing any pollutants, other than stormwater into City-owned facilities. Such discharges shall be prohibited unless exempted below:
A. 
The following discharges are exempt from discharge prohibitions established by Chapter 22.150 SVMC:
1. 
Diverted stream flows;
2. 
Rising ground waters;
3. 
Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
4. 
Uncontaminated pumped ground water;
5. 
Foundation drains;
6. 
Air conditioning condensation;
7. 
Irrigation water from agricultural sources that is commingled with urban stormwater;
8. 
Springs;
9. 
Uncontaminated water from crawl space pumps;
10. 
Footing drains;
11. 
Flow from riparian habitats and wetlands; and
12. 
Emergency firefighting activities.
B. 
The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, state waste discharge permit, or other applicable permit issued to the discharger and administered under the authority of the Washington State Department of Ecology; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the public storm drain system by the City.
C. 
The following nonstormwater discharges are prohibited unless the stated conditions are met:
1. 
Surface water containing sediment;
2. 
Water discharged from the cleaning of containers or equipment used in laying, cutting, or processing concrete and mortar and the water used in such processes;
3. 
Water discharged from the cleaning of equipment or containers holding paint solvents or similar contaminants;
4. 
Other water posing a safety hazard in the travel way or that could reduce the effectiveness of stormwater control and treatment facilities;
5. 
Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, PH-adjusted if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the public drainage system;
6. 
Discharges from lawn watering and other irrigation runoff shall be kept to a minimum and shall not cause damage to public streets or sidewalks;
7. 
Swimming pool, hot tub and spa discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the public drainage system. Swimming pool cleaning wastewater and filter backwash are prohibited;
8. 
Street and sidewalk wash water, water used to control dust, and routine external building wash down shall not contain soaps or detergents and shall be kept to a minimum. Practices shall be implemented prior to washing to reduce pollutants from entering the public drainage facility including but not limited to sweeping, picking up litter and controlling velocity of discharge; and
9. 
Other nonstormwater discharges shall be reviewed by the City for compliance with applicable regulations, required permits, and the approval of a pollution prevention plan from the authorizing governing agency.
D. 
Nonstormwater discharges listed above shall be prohibited if identified as a significant source of pollutants to waters of the state.
E. 
Requirement to Prevent, Control and Reduce Stormwater Pollutants by the Use of Best Management Practices (BMPs). The owner or operator of such activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater or the storm drain system shall provide, at the owner or operator's own expense, reasonable protection from illicit discharge of prohibited materials or other wastes into the municipal storm drain system through use of structural and nonstructural BMPs. The source control (structural and nonstructural) BMPs in reference are those published in the current edition of the Stormwater Management Manual for Eastern Washington. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal storm drain system. Compliance with all terms and conditions of a permit issued and administered under the authority of the Washington State Department of Ecology authorizing the discharge of stormwater, to the extent practical, shall be deemed in compliance with the provisions of SVMC § 22.150.110.
(Formerly 22.150.120; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 17-004 § 3, 2017; Ord. 23-004 § 3, 2023)
The following is declared to be unlawful and a public nuisance:
A. 
The placement, construction, or installation of any structure within, or the connection to, a public stormwater facility without written permission of the city manager or designee;
B. 
The discharge to a public stormwater facility without permission of the city manager or designee;
C. 
The failure to construct or maintain the stormwater facility as required in the permit or site drainage plan;
D. 
The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or litter within the stormwater facility; or
E. 
Any prohibited discharge pursuant to SVMC § 22.150.110.
(Formerly 22.150.130; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 17-004 § 3, 2017; Ord. 23-004 § 3, 2023)
Enforcement of Chapter 22.150 SVMC shall be pursuant to Chapter 17.100 SVMC.
In the event the violation constitutes an immediate danger to public health or public safety, the City is authorized to enter private property pursuant to SVMC § 17.100.030(G) to inspect, verify, and take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of the abatement pursuant to Chapter 17.100 SVMC.
(Formerly 22.150.140; Ord. 07-015 § 4, 2007; Ord. 08-005 § 1, 2008; Ord. 23-004 § 3, 2023)