A. 
Findings Of Fact: The city council hereby finds that:
1. 
Storm water pollution is a problem associated with land utilization and development and the common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, pet wastes and numerous others.
a. 
Land utilization and development is also known to increase both the volume and duration of peak flows. The resulting erosion, scouring, and deposition of sediment affect the ecological balance in the stream.
b. 
Sedimentation and storm water pollution cause diversity of species to decrease and allows more tolerant (and usually less desirable) species to remain.
c. 
Storm water pollution can cause or contribute to closures of and other restrictions on public use of the waters within the city.
2. 
An expanding population and increased development of land have led to:
a. 
Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including, without limitation, insect and weed control compounds;
b. 
Drainage and storm and surface water runoff problems within the city; and
c. 
Safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways.
3. 
Continuation of present storm water management practices, to the extent that they exist, will lead to water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the city.
4. 
In the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for storm water quality and quantity controls.
5. 
Storm water quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices.
6. 
Best management practices can be expected to perform as intended only when properly designed, constructed and maintained.
B. 
Need: The city council finds that this article is necessary in order to:
1. 
Minimize or eliminate water quality degradation;
2. 
Prevent erosion and sedimentation in creeks, streams, ponds, lakes and other water bodies;
3. 
Protect property owners adjacent to existing and developing lands from increased runoff rates which could cause erosion of abutting property;
4. 
Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses;
5. 
Preserve and enhance the aesthetic quality of the water;
6. 
Promote sound development policies which respect and preserve the city water, groundwater and sediment;
7. 
Ensure the safety of city roads and rights of way;
8. 
Decrease stormwater related damage to public and private property from existing and future runoff; and
9. 
To protect the health, safety and welfare of the inhabitants of the city.
C. 
Purpose: The provisions of this article are intended to guide and advise all who conduct new development or redevelopment within the city. The provisions of this article establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within the city. It is the purpose of this article to:
1. 
Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies;
2. 
Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;
3. 
Maintain and protect groundwater resources;
4. 
Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns;
5. 
Decrease potential landslide, flood and erosion damage to public and private property;
6. 
Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrological conditions;
7. 
Maintain and protect the city stormwater management infrastructure and those downstream;
8. 
Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety; and
9. 
Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural qualities of land, wetlands and water bodies.
(Ord. 502, 11-13-1997)
The provisions of this article shall be held to be minimum requirements in their interpretation and application, except that the minimum requirements of title 13, "Flood Control", of this code, shall apply if more stringent, and shall be liberally construed to serve the purposes of this article. In addition, all provisions of title 13, "Flood Control", of this code, shall apply to stormwater management as if fully set forth herein. If the provisions of this article are inconsistent with or conflict with the provisions of title 13 of this code, title 13 shall control. Any dispute over inconsistent or conflicting provisions between the stormwater management provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel.
(Ord. 857, 9-12-2011)
For the purposes of this article, the following definitions shall apply:
APPROVAL:
The proposed work or completed work conforms to this article in the opinion of the director.
BASIN PLAN:
A plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and storm water management facilities and features within individual subbasins.
BEST MANAGEMENT PRACTICE OR BMP:
Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the manual.
CIVIL ENGINEER:
A professional engineer licensed in the state of Washington in civil engineering.
CIVIL ENGINEERING:
The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
CLEARING:
The destruction and removal of vegetation by manual, mechanical, or chemical methods.
COMMERCIAL AGRICULTURE:
Those activities conducted on lands defined in Revised Code of Washington 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.
CRITICAL AREAS:
At a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems.
DESIGN STORM:
A prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purpose of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A "hyetograph" is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)
DETENTION:
The release of storm water runoff from the site at a slower rate than it is collected by the storm water facility system, the difference being held in temporary storage.
DETENTION FACILITY:
An above or belowground facility, such as a pond or tank, that temporarily stores storm water runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored storm water.
DRAINAGE BASIN:
A geographic and hydrologic subunit of a watershed.
EARTH MATERIAL:
Any rock, natural soil or fill and/or any combination thereof.
ECOLOGY:
The Washington state department of ecology.
EROSION:
The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep; detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
EXCAVATION:
The mechanical removal of earth material.
EXISTING SITE CONDITIONS:
A. For developed sites with storm water facilities that have been constructed to meet the standards in the minimum requirements of this article, "existing site conditions" shall mean the existing conditions on the site.
 
B. For developed sites that do not have storm water facilities that meet the minimum requirements of the manual adopted in subsection 10-6A-10A of this article, "existing site conditions" shall mean the conditions that existed prior to local government adoption of a storm water management program. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means.
 
C. For all sites in water quality sensitive areas as identified under minimum requirement 7, water quality sensitive areas2, "existing site conditions" shall mean undisturbed forest, for the purpose of calculating runoff characteristics.
 
D. For all undeveloped sites outside of water quality sensitive areas, "existing site conditions" shall mean the existing conditions on the site.
EXPERIMENTAL BMP:
A BMP that has not been tested and evaluated by the state department of ecology in collaboration with local governments and technical experts.
FILL:
A deposit of earth material placed by artificial means.
FOREST PRACTICE:
Any activity conducted on, or directly pertaining to, forest land and relating to growing, harvesting, or processing timber, including, but not limited to: road and trail construction; harvesting, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees and brush control.
FREQUENTLY FLOODED AREAS:
The 100-year floodplain designations of the federal emergency management agency and the national flood insurance program.
GEOLOGICALLY HAZARDOUS AREAS:
Areas that, because of their susceptibility to erosion, sliding, earthquake or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns.
GRADE:
The slope of a road, channel, or natural ground. The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit.
To Grade:
To finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation.
GROUND WATER:
Water in a saturated zone or stratum beneath the surface of land or a surface water body.
HYDROPERIOD:
The seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation.
ILLICIT DISCHARGE:
All nonstorm water discharges to storm water drainage systems that cause or contribute to a violation of state water quality, sediment quality or ground water quality standards, including, but not limited to, sanitary sewer connections, industrial process water, interior floor drains, car washing and grey water systems.
IMPERVIOUS SURFACE:
A hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces.
INTERFLOW:
That portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface; for example, in a wetland, spring or seep.
LAND DISTURBING ACTIVITY:
Any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.
LARGE PARCEL EROSION AND SEDIMENT CONTROL PLAN OR LARGE PARCEL ESC PLAN:
A plan to implement BMPs to control pollution generated during land disturbing activity. Guidance for preparing a large parcel ESC plan is contained in the manual.
MITIGATION:
In the following order of preference:
 
A. Avoiding the impact altogether by not taking a certain action or part of an action;
 
B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
 
C. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
 
D. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and
 
E. Compensation for the impact by replacing, enhancing, or providing substitute resources or environments.
NATURAL LOCATION:
The location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.
NEW DEVELOPMENT:
The following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; class IV - general forest practices that are conversions from timberland to other uses; and "subdivision" and "short subdivision" of land as defined in Revised Code of Washington 58.17.020. All other forest practices and commercial agriculture are not considered new development.
PERMANENT STORM WATER QUALITY CONTROL (PSQC) PLAN:
A plan which includes permanent BMPs for the control of pollution from storm water runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a small parcel erosion and sediment control plan. Guidance on preparing a PSQC plan is contained in the manual.
PERSON:
Any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.
POLLUTION:
Contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
REDEVELOPMENT:
On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.
REGIONAL RETENTION/DETENTION SYSTEM:
A storm water quantity control structure designed to correct existing excess surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain storm water runoff from a number of different businesses, developments or areas within a catchment.
RETENTION/DETENTION FACILITY (R/D):
A type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and storm water runoff for a short period of time and then release it to the surface and storm water management system.
SITE:
The portion of a piece of property which is directly subject to development.
SLOPE:
The degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty percent (50%) slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety degree (90°) slope being vertical (maximum) and forty five degrees (45°) being a 1:1 or one hundred percent (100%) slope.
SMALL PARCEL EROSION AND SEDIMENT CONTROL PLAN OR SMALL PARCEL ESC PLAN:
A plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment. Guidance for preparing a small parcel ESC plan is contained in the manual.
SOIL:
The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
SOURCE CONTROL BMP:
A BMP that is intended to prevent pollutants from entering storm water. A few examples of source control EMPs are erosion control practices, maintenance of storm water facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump.
STORM WATER:
That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.
STORM WATER DRAINAGE SYSTEM:
Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter storm water.
STORM WATER FACILITY:
A constructed component of a storm water drainage system, designed or constructed to perform a particular function, or multiple functions. Storm water facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement.
STORM WATER MANAGEMENT MANUAL OR MANUAL:
The manual adopted by reference and prepared by ecology that contains BMPs to prevent or reduce pollution.
STORMWATER SITE PLAN:
A plan which includes an erosion and sediment control (ESC) plan and/or a permanent stormwater quality control plan (PSQCP). For small sites, this plan is the equivalent of a small parcel erosion and sediment control plan. Guidance on preparing a stormwater site plan is contained in the manual.
TREATMENT BMP:
A BMP that is intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales and constructed wetlands.
UNSTABLE SLOPES:
Those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit, mass movement of earth.
VEGETATION:
All organic plant life growing on the surface of the earth.
WATER BODY:
Surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.
WATERSHED:
A geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the state of Washington water resource inventory areas (WRIAs) as defined in Washington administrative code chapter 173-500.
WETLANDS:
Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. This includes wetlands created, restored or enhanced as part of a mitigation procedure. This does not include constructed wetlands or the following surface waters of the state intentionally constructed from sites that are not wetlands: irrigation and drainage ditches, grass lined swales, canals, agricultural detention facilities, farm ponds, and landscape amenities.
(Ord. 502, 11-13-1997)
It is not intended that this article repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
(Ord. 502, 11-13-1997)
When any provision of any other ordinance of the city’s regulations conflicts with this article, that which provides more environmental protection shall apply unless specifically provided otherwise in this article.
(Ord. 502, 11-13-1997)
The director is authorized to adopt written procedures for the purpose of carrying out the provisions of this article, provided however, that the floodplain administrator, in the administration of title 13, "Flood Control", of this code, shall have final authority over any development of procedures for title 13 of this code that are also applicable to stormwater management. Prior to fulfilling the requirements of this article, the city shall not grant any approval or permission to conduct a regulated activity including, but not limited to, the following: building permit, street work permit, binding site plan; conditional use permit, grading and clearing permit, planned unit development, right of way permit, shoreline substantial development permit, shoreline conditional use permit, variance, zone reclassification, subdivision, short subdivision, special use permit, utility and other use permit, or any subsequently adopted permit or required approval not expressly exempted by this article.
(Ord. 857, 9-12-2011)
A. 
Director: The building official or a designee shall administer this article and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this article; provided that the floodplain administrator shall have the authority to develop and implement administrative procedures to administer and enforce title 13 of this code, where applicable. Any dispute over inconsistent or conflicting procedures between the stormwater management provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel.
B. 
Review And Approval: The director may approve, conditionally approve, or deny an application for activities regulated by this article; provided however the floodplain administrator shall also review and approve, conditionally approve or deny all such applications in the instances in which title 13 of this code applies.
C. 
Enforcement Authority: The director shall enforce this article, provided however, that the floodplain administrator, in the administration of title 13, "Flood Control", of this code shall have final authority over enforcement of stormwater regulations where the issue is subject to title 13 of this code.
D. 
Inspection: All activities regulated by this article, except those exempt in subsection 10-6A-9B of this article, shall be inspected by the director and the floodplain administrator if title 13, "Flood Control", of this code is applicable. The officials shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to: preconstruction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. When required by the officials, a special inspection and/or testing shall be performed.
(Ord. 857, 9-12-2011)
Regulated activities shall be conducted only after the city approves a stormwater site plan which includes one or more of the following as required by this article:
A. 
Small parcel erosion and sediment control plan.
B. 
Large parcel erosion and sediment control plan.
C. 
Permanent stormwater quality control (PSQC) plan.
(Ord. 502, 11-13-1997)
A. 
Regulated Activities: Consistent with the minimum requirements contained in this article, the city shall approve or disapprove the following activities, unless exempted in subsection B of this section:
1. 
New Development:
a. 
Land disturbing activities.
b. 
Structural development, including construction; installation or expansion of a building or other structure.
c. 
Creation of impervious surfaces.
d. 
Class IV general forest practices that are conversions from timberland to other uses.
e. 
"Subdivision", "short subdivision" and "binding site plans", as defined in Revised Code Of Washington 58.17.020.
2. 
Redevelopment: Redevelopment on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, land disturbing activity, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.
B. 
Exemptions: The following are exempt from this article:
1. 
Commercial agriculture, and forest practices regulated under title 222, except for class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of this article.
2. 
Development undertaken by the Washington state department of transportation in state highway rights of way is regulated by Washington administrative code chapter 173-270, the Puget Sound highway runoff program.
3. 
All other new development and redevelopment is subject to the minimum requirements of this article.
(Ord. 502, 11-13-1997)
A. 
Stormwater Management Manual Adopted: The latest edition of "Ecology’s Stormwater Management Manual" is hereby adopted by reference and is hereinafter referred to as the "manual".
B. 
Best Management Practices (BMPs):
1. 
Uses: BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this article. BMPs are in the manual.
2. 
Experimental BMPs: In those instances where appropriate BMPs are not in the manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the manual.
C. 
Illicit Discharges: Illicit discharges to storm water drainage systems are prohibited.
(Ord. 502, 11-13-1997)
A. 
New Development: The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, to comply with small parcel requirements in subsection B of this section:
1. 
Individual, detached, single-family residences and duplexes.
2. 
Creation or addition of less than five thousand (5,000) square feet of impervious surface area.
3. 
Land disturbing activities of less than one acre.
4. 
Compliance shall be demonstrated through the implementation of an approved small parcel erosion and sediment control plan.
B. 
Small Parcel Requirements:
1. 
Small Parcel Requirement 1; Construction Access Route: Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.
2. 
Small Parcel Requirement 2; Stabilization Of Denuded Areas; Soil Stabilization: All exposed soils shall be stabilized by suitable application of BMPs, including, but not limited, to, sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained in accordance with an approved manual. From October 1 through April 30, no soils shall remain exposed for more than two (2) days. From May 1 through September 30, no soils shall remain exposed for more than seven (7) days.
3. 
Small Parcel Requirement 3; Protection Of Adjacent Properties: Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
4. 
Small Parcel Requirement 4; Maintenance: All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function.
5. 
Small Parcel Requirement 5; Other BMPs: As required by the director, other appropriate BMPs to mitigate the effects of increased runoff shall be applied.
(Ord. 502, 11-13-1997)
A. 
New Development:
1. 
All new development that includes the creation or addition of five thousand (5,000) square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with minimum requirements 1 through 11 in subsections C through M of this section. Compliance shall be demonstrated through the implementation of an approved storm water site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate.
2. 
All new development that includes the creation or addition of five thousand (5,000) square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with minimum requirements 2 through 11 in subsections D through M of this section and the small parcel minimum requirements found in section 10-6A-11 of this article. Compliance shall be demonstrated through the implementation of an approved storm water site plan that includes a small parcel erosion and sediment control plan and a PSQC plan.
3. 
This section does not apply to the construction of individual, detached, single-family residences and duplexes. Those types of new development are regulated in the small parcel minimum requirements.
B. 
Redevelopment:
1. 
Where redevelopment greater than or equal to five thousand (5,000) square feet occurs, new development minimum requirements 1 through 11, in subsections C through M of this section, shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project.
2. 
In addition to the above requirements, where one or more of the following conditions apply, a storm water management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (minimum requirement 9 in subsection K of this section) may be used to develop redevelopment requirements that are tailored to a specific basin.
a. 
Existing sites greater than one acre in size with fifty percent (50%) or more impervious surface.
b. 
Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies listed under section 303(d) of the clean water act as not expected to meet water quality standards or water quality goals.
c. 
Sites where the need for additional storm water control measures have been identified through a basin plan, the watershed ranking process under Washington administrative code chapter 400-12, or through growth management act planning.
C. 
Minimum Requirement 1; Erosion And Sediment Control: All new development and redevelopment that includes land disturbing activities equal to or greater than one acre shall comply with erosion and sediment control requirements 1 through 14, subsections C1 through C14 of this section. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of an approved large parcel erosion and sediment control plan. All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in section 10-6A-11 of this article. Compliance with the small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan. The following erosion and sediment control requirements shall be met:
1. 
Erosion And Sediment Control Requirement 1; Stabilization And Sediment Trapping: All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no soils shall remain unstabilized for more than two (2) days. From May 1 to September 30, no soils shall remain unstabilized for more than seven (7) days. Prior to leaving the site, storm water runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs.
2. 
Erosion And Sediment Control Requirement 2; Delineate Clearing And Easement Limits: In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees and drainage courses.
3. 
Erosion And Sediment Control Requirement 3; Protection Of Adjacent Properties: Properties adjacent to the project site shall be protected from sediment deposition.
4. 
Erosion And Sediment Control Requirement 4; Timing And Stabilization Of Sediment Trapping Measures: Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in erosion and sediment control requirement 1 in subsection C1 of this section.
5. 
Erosion And Sediment Control Requirement 5; Cut And Fill Slopes: Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement 1 in subsection C1 of this section.
6. 
Erosion And Sediment Control Requirement 6; Controlling Off Site Erosion: Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of storm water runoff from the project site.
7. 
Erosion And Sediment Control Requirement 7; Stabilization Of Temporary Conveyance Channels And Outlets: All temporary on site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.
8. 
Erosion And Sediment Control Requirement 8; Storm Drain Inlet Protection: All storm drain inlets made operable during construction shall be protected so that storm water runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
9. 
Erosion And Sediment Control Requirement 9; Underground Utility Construction: The construction of underground utility lines shall be subject to the following criteria:
a. 
Where feasible, no more than five hundred feet (500') of trench shall be opened at one time.
b. 
Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
c. 
Trench dewatering devices shall discharge into a sediment trap or sediment pond.
10. 
Erosion And Sediment Control Requirement 10; Construction Access Routes: Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
11. 
Erosion And Sediment Control Requirement 11; Removal Of Temporary BMPs: All temporary erosion and sediment control BMPs shall be removed within thirty (30) days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized.
12. 
Erosion And Sediment Control Requirement 12; Dewatering Construction Sites: Dewatering devices shall discharge into a sediment trap or sediment pond.
13. 
Erosion And Sediment Control Requirement 13; Control Of Pollutants Other Than Sediment On Construction Sites: All pollutants other than sediment that occur on site during construction shall be handled and disposed of in a manner that does not cause contamination of storm water.
14. 
Erosion And Sediment Control Requirement 14; Maintenance: All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with an approved manual.
15. 
Erosion And Sediment Control Requirement 15; Financial Liability: Performance bonding, or other appropriate financial instruments, shall be required for all projects to ensure compliance with the approved erosion and sediment control plan.
D. 
Minimum Requirement 2; Preservation Of Natural Drainage Systems: Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable.
E. 
Minimum Requirement 3; Source Control Of Pollution: Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to an approved manual. An adopted and implemented basin plan (minimum requirement 9 in subsection K of this section) may be used to develop source control requirements that are tailored to a specific basin; however, in all circumstances, source control BMPs shall be required for all sites.
F. 
Minimum Requirement 4; Runoff Treatment BMPs: All projects shall provide treatment of storm water. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the 6-month, 24-hour return period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and ground water quality will not be impaired. Direct discharge of untreated storm water to ground water is prohibited. All treatment BMPs shall be selected, designed, and maintained according to an approved manual. Storm water treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director. An adopted and implemented basin plan (minimum requirement 9 in subsection K of this section) may be used to develop runoff treatment requirements that are tailored to a specific basin.
G. 
Minimum Requirement 5; Streambank Erosion Control: The requirement below applies only to situations where storm water runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the requirements in minimum requirement 4, runoff treatment BMPs in subsection F of this section:
1. 
Storm water discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to fifty percent (50%) of the existing condition 2-year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 100-year, 24-hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected.
2. 
Streambank erosion control BMPs shall be selected, designed, and maintained according to the manual. Storm water treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director.
3. 
An adopted and implemented basin plan (minimum requirement 9 in subsection K of this section) may be used to develop streambank erosion control requirements that are tailored to a specific basin.
H. 
Minimum Requirement 6; Wetlands: The requirements below apply only to situations where storm water discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the requirements in minimum standard 4, runoff treatment BMPs in subsection F of this section.
1. 
Storm water discharges to wetlands must be controlled and treated to the extent necessary to meet the state water quality standards, Washington administrative code chapter 173-201A, or ground water quality standards, Washington administrative code chapter 173-200, as appropriate.
2. 
Discharges to wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland. Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and natural water storage and infiltration opportunities outside the wetland shall be maximized.
3. 
Created wetlands that are intended to mitigate for loss of wetland acreage, function and value shall not be designed to also treat storm water.
4. 
In order for constructed wetlands to be considered treatment systems, they must be constructed on sites that are not wetlands and they must be managed for storm water treatment. If these systems are not managed and maintained in accordance with the manual for a period exceeding three (3) years, these systems may no longer be considered constructed wetlands. Discharges from constructed wetlands to waters of the state (including discharges to natural wetlands) are regulated under Revised Code of Washington chapter 90.48, Washington administrative code chapters 173-200 and 173-201A.
5. 
Storm water treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director.
6. 
An adopted and implemented basin plan (minimum requirement 9 in subsection K of this section) may be used to develop requirements for wetlands that are tailored to a specific basin.
I. 
Minimum Requirement 7; Water Quality Sensitive Areas: Where the director determines that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on site or within the basin, more stringent controls shall be required to protect water quality. Storm water treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government. An adopted and implemented basin plan (minimum requirement 9 in subsection K of this section) may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin.
J. 
Minimum Requirement 8; Off Site Analysis And Mitigation: All development projects shall conduct an analysis of off site water quality impacts resulting from the project and shall mitigate these impacts. The analysis shall extend a minimum of one-fourth (1/4) of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not be limited to: excessive sedimentation; streambank erosion; discharges to ground water contributing or recharge zones; and violations of water quality standards; spills and discharges of priority pollutants.
K. 
Minimum Requirement 9; Basin Planning: Adopted and implemented watershed-based basin plans may be used to modify any or all of the minimum requirements; provided, that the level of protection for surface or ground water achieved by the basin plan will equal or exceed that which would be achieved by the minimum requirements in the absence of a basin plan. Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction goals. Standards developed from basin plans shall not modify any of the above requirements until the basin plan is formally adopted and fully implemented by local government. Basin plans shall be developed according to an approved manual.
L. 
Minimum Requirement 10; Operation And Maintenance: An operation and maintenance schedule shall be provided for all proposed storm water facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified.
M. 
Minimum Requirement 11; Financial Liability: Performance bonding or other appropriate financial instruments shall be required for all projects to ensure compliance with these standards.
N. 
Exceptions: Exceptions to minimum requirements 1 through 11 in subsections C through M of this section may be granted prior to permit approval and construction. An exception may be granted after a public hearing; provided, that a written finding of fact is prepared, that addresses the following:
1. 
The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;
2. 
That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum requirements has been made;
3. 
That the granting of the exception will not be detrimental 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
4. 
The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
(Ord. 502, 11-13-1997; amd. 2006 Code)
A. 
Penalty Based Upon Severity Of Violation: Enforcement action shall be in accordance with this article whenever a person has violated any provision of this article. The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action.
B. 
Stop Work Order Issuance; Content: The director shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this article. If a portion of a project is in violation of this article, the director may issue a stop work order for the entire project.
1. 
Content Of Order: The order shall contain:
a. 
A description of the specific nature, extent, and time of violation and the damage or potential damage; and
b. 
A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time.
2. 
Notice: A stop work order shall be imposed by a notice in writing, posted at the job site, and a letter containing the stop order, sent either by certified mail with return receipt requested or by personal service, to the person incurring the same.
3. 
Effective Date: The stop work order issued under this section shall become effective immediately upon posting of the stop work order at the job site.
4. 
Compliance: Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a criminal complaint.
(Ord. 502, 11-13-1997)
A. 
Application: An exception may be applied for to the hearing examiner upon submission of a completed application and fee as established by the city council.
B. 
Hearing Examiner: After a public hearing, the hearing examiner may grant an exception. In granting an exception, the hearing examiner may prescribe conditions that are deemed necessary.
C. 
Findings Of Fact: Exceptions to minimum requirements 1 through 11 in subsections 10-6A-12C through M of this article may be granted prior to permit approval and construction. An exception may be granted following a public hearing; provided, that a written finding of fact is prepared that addresses the following:
1. 
The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met.
2. 
That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made.
3. 
That the granting of the exception will not be detrimental 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.
4. 
The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
5. 
The exception does not violate any other local, state, county or federal regulation or ordinance.
D. 
Prior Approval: Any exception shall be approved prior to permit approval and construction.
E. 
Duration Of Exception: Exceptions granted shall be valid for two (2) years, unless granted for a shorter period.
F. 
Right Of Appeal: All actions of the hearing examiner shall be final and conclusive, unless within ten (10) days of the date of the hearing examiner’s action, the original applicant or an adverse party gives written notice of appeal to the Pierce County superior court for review of the action.
(Ord. 502, 11-13-1997)
A person violating any of the provisions or failing to comply with any of the mandatory requirements of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code.
(Ord. 502, 11-13-1997; amd. 2006 Code)
A. 
Findings Of Fact: The city council hereby finds that:
1. 
Stormwater facilities are a common feature of urban development;
2. 
In order to function properly so that they will perform as designed to prevent or remove pollution and/or to reduce flooding, stormwater facilities must be regularly inspected and maintained;
3. 
If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater; and
4. 
If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public.
B. 
Need: The city council finds that this article is necessary in order to ensure maintenance of all stormwater facilities within the city by setting minimum standards for the inspection and maintenance of stormwater facilities.
C. 
Purpose: The provisions of this article are intended to:
1. 
Provide for inspection and maintenance of stormwater facilities in the city to provide for an effective, functional stormwater drainage system;
2. 
Authorize the city to require that stormwater facilities be operated, maintained and repaired in conformance with this article;
3. 
Establish the minimum level of compliance which must be met.
4. 
Guide and advise all who conduct inspection and maintenance of stormwater facilities.
(Ord. 503, 11-13-1997)
The provisions of this article shall be held to be minimum requirements in their interpretation and application, except that the minimum requirements of title 13, "Flood Control", of this code, shall apply if more stringent, and shall be liberally construed to serve the purposes of this article. In addition, all provisions of title 13, "Flood Control", of this code, shall apply to stormwater management as if fully set forth herein. If the provisions of this article are inconsistent with or conflict with the provisions of title 13 of this code, title 13 shall control. Any dispute over inconsistent or conflicting provisions between the stormwater maintenance provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel.
(Ord. 857, 9-12-2011)
For the purposes of this article, the following definitions shall apply:
BEST MANAGEMENT PRACTICE OR BMP:
Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by ecology. BMPs are listed and described in the manual.
INTERFLOW:
That portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface; for example, in a wetland, spring or seep.
PERSON:
Any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.
STORMWATER:
That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.
STORMWATER DRAINAGE SYSTEM:
Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
STORMWATER FACILITY:
A constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins and modular pavement.
STORMWATER MANAGEMENT MANUAL OR MANUAL:
The manual adopted by reference and prepared by ecology that contains BMPs to prevent or reduce pollution.
(Ord. 503, 11-13-1997)
It is not intended that this article repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
(Ord. 503, 11-13-1997)
When any provision of any other ordinance of the city conflicts with this article, that which provides more environmental protection shall apply unless specifically provided otherwise in this article.
(Ord. 503, 11-13-1997)
The director is authorized to adopt written procedures for the purpose of carrying out the provisions of this article, provided however, that the floodplain administrator shall have final authority over development of procedures that are subject to title 13, "Flood Control", of this code.
(Ord. 857, 9-12-2011)
A. 
Director: The building official or a designee/inspector shall administer this article and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this article, provided that the floodplain administrator shall develop and implement administrative procedures to administer and enforce title 13 of this code where applicable. Any dispute over inconsistent or conflicting procedures between the stormwater maintenance provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel.
B. 
Inspection Authority: The director is directed and authorized to develop an inspection program for stormwater facilities in the city, provided, however, that the floodplain administrator shall be directed and authorized to develop such inspection program for stormwater facilities subject to title 13, "Flood Control", of this code.
C. 
Enforcement Authority: The director shall enforce this article, provided however, that the floodplain administrator in the administration of title 13, "Flood Control", of this code, shall have final authority over enforcement of stormwater regulations where the issue is subject to title 13 of this code. Any dispute over inconsistent or conflicting provisions between the stormwater maintenance provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel.
(Ord. 857, 9-12-2011)
A. 
Maintenance Required: All stormwater facilities shall be maintained in accordance with this article and the stormwater management manual. Systematic, routine preventive maintenance is preferred.
B. 
Minimum Standards: The following are the minimum standards for the maintenance of stormwater facilities:
1. 
Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility.
2. 
Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained.
C. 
Disposal Of Waste From Maintenance Activities: Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Washington administrative code chapter 173-304, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the dangerous waste regulations, Washington administrative code chapter 173-303.
D. 
Compliance By Property Owners: Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this article and the stormwater management manual.
(Ord. 503, 11-13-1997)
A. 
Inspection: Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this article has been or is being committed, the director is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the city to determine compliance with the provisions of this article.
B. 
Procedures: Prior to making any inspections, the director shall present identification credentials, state the reason for the inspection and request entry.
1. 
If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
2. 
If after reasonable effort, the director is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
3. 
Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.
4. 
The director may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection B3 of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
C. 
Inspection Schedule: The director shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the city. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule.
D. 
Inspection And Maintenance Records: As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:
1. 
As built plans and locations;
2. 
Findings of fact from any exemption granted by the local government;
3. 
Operation and maintenance requirements and records of inspections, maintenance actions and frequencies; and
4. 
Engineering reports, as appropriate.
E. 
Reporting Requirements: The director shall report annually to the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years.
(Ord. 503, 11-13-1997)
A. 
Penalty Based Upon Severity Of Violation: Enforcement action shall be taken whenever a person has violated any provision of this article. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action.
B. 
Orders; Issuance; Contents: The director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this article, the stormwater manual and/or city regulations. The order shall include:
1. 
A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;
2. 
A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and
3. 
A reasonable time to comply, depending on the circumstances.
(Ord. 503, 11-13-1997)
A person violating any of the provisions or failing to comply with any of the mandatory requirements of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code.
(Ord. 503, 11-13-1997; amd. 2006 Code)