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June 7, 2022, Planning Commission Meeting PacketCITY OF PORT ORCHARD Planning Commission 216 Prospect Street, Port Orchard, WA 98366 (36o) 874-5533 planning@cityofportorchard.us PLANNING COMMISSION MEETING AGENDA Tuesday, June 7, 2022 — 6:00 pm *** Attendees and Planning Commissioners may attend in person at City Hall or via Zoom*** Join Zoom Meeting, Public Link: https:Hus02web.zoom.us/i/87444276232 Dial -in (phone audio) only: +1 253 215 8782 Webinar ID: 874 4427 6232 Planning Commissioners please use individual webinar links. 1. Call to Order: 6:00 p.m. Pledge of allegiance. 2. Welcome and Introduction. Planning Commission and City Staff Introductions. 3. Audience Comments: Topics not listed for public hearing on tonight's agenda. Please limit comments to 3 minutes. 4. Approval of Minutes from May 3, 2022. (Attachment) 5. Business Items: (ACTION) a) Public Hearing: POMC 20.162.044 Definitions — Generally "Wetland, Isolated" (Attachment) (ACTION) The City is considering an amendment to Port Orchard Municipal Code 20.162.044 to amend the definition of "wetland, isolated". The purpose of the amendment is to provide a definition which is consistent with current Washington Department of Ecology guidance. b) Public Hearing: POMC 20.150 Stormwater Drainage (Attachment) (ACTION) The City is considering the adoption of an ordinance relating to stormwater maintenance; amending POMC Sections 20.150.060, 20.150.020, and 20.150.160 associated with the adoption of the 2019 Stormwater Management Manual for Western Washington. 6. Adjourn Next Planning Commission Meeting — July 5, 2022 CITY OF PORT ORCHARD Planning Commission Minutes 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o Planning Commission Meeting Minutes May 3, 2022 Zoom Teleconference COMMISSIONERS: Present: Annette Stewart, Bek Ashby, Dave Bernstein, Joe Morrison, Stephanie Bailey, Tyler McKlosky. Absent: Phil King. STAFF: Senior Planner Jim Fisk, and Assistant Planner Josie Rademacher. 1. CALL TO ORDER: Chair Stewart called the meeting to order at 6:05 p.m. and led the Pledge of Allegiance. 2. WELCOME AND INTRODUCTION: Chair Stewart introduced the present Planning Commissioners, Commissioner Ashby, Commissioner Bailey, Commissioner Bernstein, Commissioner McKlosky Commissioner Morrison, and present City staff members, Senior Planner Jim Fisk, and Assistant Planner Josie Rademacher. 3. PUBLIC COMMENTS: There were no comments from the public regarding issues not on the agenda. 4. APPROVAL OF MINUTES FROM APRIL 5, 2022: Commissioner Ashby made a motion to approve the minutes as written from the April 5th meeting. Commissioner Bailey seconded the motion. The motion passed unanimously. 5. BUSINESS ITEMS: A. PUBLIC HEARING: 2022 COMPREHENSIVE PLAN AMENDMENTS. Senior Planner Jim Fisk shared the 2022 annual amendments to the Port Orchard Comprehensive Plan. The City prepared applications for three text amendments; the Capital Facilities Element; the Parks Element; and the Transportation Improvement Program (TIP). Fisk provided an overview of the proposed amendments and recommended that the Planning Commission provide a recommendation to the City Council for review the following text amendments for adoption in June. There were no comments from the public regarding the 2022 Comprehensive Plan Amendments. Chair Stewart closed the public hearing. Commissioner Ashby made a motion to move the 2022 Comprehensive Plan Amendments to the City Council, as presented, for consideration. Commissioner Morrison seconded the motion. The motion passed unanimously. B. DISCUSSION: POMC 20.162.044 DEFINITION REVISIONS. Senior Planner Jim Fisk introduced the proposed the following amendments to Port Orchard Municipal Code (POMC) 20.162.044 to amend the definition of "wetland, isolated". Fisk explains the purpose of the amendment is to provide a definition that is consistent with current Washington Department of Ecology guidance. ADJOURN: Chair Stewart adjourned the meeting at 6:35 pm. Annette Stewart, Chair Nick Bond, Community Development Director Page 2 of 2 CITY OF PORT ORCHARD DEPARTMENT OF COMMUNITY DEVELOPMENT 216 Prospect Street, Port Orchard, WA 98366 Ph.: (36o) 874-5533 • FAX: (36o) 876-4980 PLANNING COMMISSION STAFF REPORT Agenda Item No: 5(a) Meeting Date: June 7, 2022 Public Hearing Revisions to POMC 20.162.044 — Subject: Definitions: Isolated Wetland Prepared by: Nick Bond, Development Director Issue: In 2018, the City Council adopted Chapter 20.162, the City's Critical Areas Ordinance, which contains the standards and permitting requirements for development activity on lands with and adjacent to critical areas within the city. City staff are proposing to amend Section 20.162.044 (Definitions — Generally.), to provide clarity on requirements related to providing determinations of isolated wetlands. Currently, the definition in POMC 20.162.044 requires a determination from the United States Army Corps of Engineers (USACE) that a wetland is isolated. This definition was based on guidance from the Washington Department of Ecology (DOE), but since City adoption of POMC 20.162, DOE has backed off the definition. DOE recognizes that the USACE does not necessarily need to make the determination that a wetland is isolated, but that certain development activities impacting an isolated wetland may still require USACE approval. The proposed change to the definition, creates a pathway for determining if a wetland is isolated without awaiting a USACE determination. The City of Port Orchard SEPA Responsible Official issued a Determination of Nonsignificance (DNS) on May 6, 2022. The Department of Community Development (DCD) has not received comments related to the DNS since issuance. DCD provided the DNS and the proposed code amendment to the Washington Department of Commerce for review on May 5, 2022. The Planning Commission set June 7, 2022 as the scheduled public hearing to solicit public input and provide a recommendation to the City Council. Staff provided Notice of Hearing consistent with the requirements of the Port Orchard Municipal Code on May 24, 2022 and has not received any comments regarding the amendments. Recommendation: Staff recommends approval of the proposed amendment to POMC 20.162.044 Definitions —Generally, "Wetland, isolated". Suggested Motion: "I move to recommend that the City Council approve an ordinance amending the definition of "wetland, isolated" in Port Orchard Municipal Code 20.162.044, as presented." Attachments: POMC 20.162.044 Definitions — Generally. "Wetland, isolated" 20.162.044 Definitions — Generally. "Wetlands, isolated" means a wetland that is isolated based on its geographic isolation, ecological isolation, or hydrologic isolation. Isolated wetlands are defined by a very specific type of hydrologic isolation —they do not have a surface outlet by which water leaves the wetland, even seasonally, to another water body. Isolated wetlands can also be sloped wetlands where surface water, if present, re- enters the shallow groundwater zone at the base of the wetland and is not linked via surface flows to a downstream water body. Any protect involving filling or altering a wetland that meets this definition of isolated wetland is subject to regulation by the State Department of Ecology under the Water Pollution Control Act (90.48 RCW), in addition to the provisions in this chapter. An isolated wetland may also be regulated by the US Army Corps of Engineers under the Clean Water Act. Dredge or fill of a federally regulated wetland is regulated by the US Army Corps of Engineers under the Clean Water Act and altering a federally -regulated wetland may require federal review. hydrological y isolated F.orn „the City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: 5(b) Subject: Amendments to POMC 20.150 Stormwater Drainage Meeting Date: June 7, 2022 Prepared by: Nick Bond DCD Director Atty Routing No.: NA Atty Review Date: NA Summary: The Planning Commission is asked to consider recommending the adoption of an ordinance amending Port Orchard Municipal Code (POMC) 20.150.060, 20.150.020, and 20.150.160 associated with the adoption of the 2019 Stormwater Management Manual for Western Washington (SMMWW). In order to maintain compliance with its Municipal National Pollutant Discharge Elimination System (NPDES) permit, Port Orchard is required to adopt a stormwater design manual that meets the guidelines and technical requirements for new development and redevelopment projects to ensure compliance with all local, state, and federal regulations. The Washington State Department of Ecology publishes a stormwater manual which meets these minimum requirements and builds on the work from the previous 2014 Manual. The proposed code amendment updates specific references in POMC 20.150 from the previous SMMWW to the currently adopted SMMWW. The proposed language is drafted in a manner which allows the City to reference the current SMMWW version and as amended without creating a need for of code revisions. Recommendation: The Planning Commission should hold a public hearing and after hearing public testimony, should deliberate on the proposed code amendment and make a recommendation to the City Council. Motion for consideration: "I move that the Planning Commission recommend approval of an ordinance amending Port Orchard Municipal Code 20.150.060, 20.150.020, and 20.150.160, as presented to the City Council." Attachments: 1. POMC 20.150 Redline Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 1/18 Redlines of Amendments to the Port Orchard Municipal Code 20.150.020 Definitions. Definitions provided below apply only to this chapter, unless otherwise indicated. In the application of this chapter, where a definition in this chapter conflicts with a definition in the stormwater manuals, as adopted herein, the most restrictive definition shall control. Where a term used in the stormwater manuals is not defined in this chapter, the definition in the stormwater manuals shall control. The following definitions of terms shall apply to this chapter: ain "Accepted performance of construction" shall mean the written acknowledgment from the director of the satisfactory completion of all work accepted by the city, including all work shown on the accepted plans, accepted revisions to the plans, and accepted field changes. "Arterial" shall mean a road or street primarily for through traffic. A major arterial connects an interstate highway to cities and counties. A minor arterial connects major arterials to collectors. A collector connects an arterial to a neighborhood. A collector is not an arterial. A local access road connects individual homes to a collector. ©EM "Basin plan" shall mean a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing stormwater quality and quantity management facilities and drainage features within individual sub -basins. "Best management practices (BMPs)" shall mean the schedule of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington and have been approved by the city as accepted BMPs. "Biofiltration/biofilter facilities" shall mean vegetative BMPs that treat stormwater by filtration through vegetation. Biofiltration facilities include, but are not limited to, grassed or vegetated swales and filter strips. "Bioretention" shall mean an engineered facility that treats stormwater by passing it through a specific soil profile and either retain or detain the treated stormwater for flow attenuation. Refer to the currently adopted Stormwater Management Manual for Western Washington, gton, Chapter 7 of Volurne ", for bioretention BMP types and design specifications. (3) "C" "Certified erosion and sediment control lead (CESCL)" shall mean an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by the Department of Ecology (see BIVIP G' 60 in the currently adopted Stormwater Management Manual fOF `^ esteFn Washington). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 2/18 Redlines of Amendments to the Port Orchard Municipal Code of stormwater and the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. Certification is obtained through an Ecology -approved erosion and sediment control course. Course listings are provided online at Ecology's web site. "City" shall mean the city of Port Orchard, Washington, or as indicated by the context, the public works director, or other authorized representative of the governmental authority of the city of Port Orchard. "Civil engineer" shall mean a professional engineer currently registered in the state of Washington to practice in the field of civil engineering. "Closed depressions" shall mean low-lying areas that have no surface outlet, or such a limited surface outlet that in most storm events the area acts as a retention basin, holding water for infiltration, evaporation, or transpiration. "Commercial agriculture" shall mean those activities conducted on lands defined under RCW 84.34.020(2) and activities involved in the production of crops or livestock for commercial 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 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. "Comprehensive drainage plan" shall mean a detailed analysis, adopted by the city, for a drainage basin which assesses the capabilities and needs for runoff accommodation due to various combinations of development, land use, structural and nonstructural management alternatives. The plan recommends the form, location and extent of stormwater quantity and quality control measures that would satisfy legal constraints, water quality standards, and community standards, and identifies the institutional and funding requirements for plan implementation. "Contiguous land" shall mean land adjoining and touching other land regardless of whether or not portions of the parcels have separate assessor's tax numbers or were purchased at different times, lie in different sections, are in different government lots, or are separated from each other by private road or private rights -of -way. "Converted vegetation (areas)" shall mean surfaces on a project site where native vegetation, pasture, scrub/shrub, or unmaintained nonnative vegetation (e.g., Himalayan blackberry, scotch broom) are converted to lawn or landscaped areas, or where native vegetation is converted to pasture. "Critical drainage area" shall refer to those areas designated in POMC 20.150.070, Special stormwater drainage improvements, which have a high potential for stormwater quantity or quality problems. E m The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 3/18 Redlines of Amendments to the Port Orchard Municipal Code "Design storm event" shall mean a theoretical storm event, of a given frequency, interval, and duration, used in the analysis and design of a stormwater facility. "Developed site" shall mean the condition of the development site following completion of construction of the development including all approved phases of construction. "Development proposal" shall mean any activity requiring a permit or other approval from the city of Port Orchard relative to the use or development of land. "Director" shall mean the public works director or designee(s). "Discharge point" shall mean the location where a discharge leaves the city's (permittee's) municipal separate storm sewer system (MS4) through the permittee's MS4 facilities/BMPs designed to infiltrate. "Diversion" shall mean the routing of stormwater to other than its natural discharge location. "Drainage feature" shall mean any natural or manmade structure, facility, conveyance, or topographic feature which has the potential to concentrate, convey, detain, retain, infiltrate, or affect the flow rate of stormwater runoff. "Drainage plan" shall mean a plan for the collection, transport, treatment, and discharge of runoff, and may include both the plan and profile views of the site as well as construction details and notes. (5) "E" "Easement" shall mean an acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality, or other legal entity has in the land of another. "Effective impervious surface" shall mean impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces on residential development sites are considered ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.3^�ull Dispersion," asdescribed On 5 of Volurne V of the currently adopted Stormwater Management Manual for Western Washington (SWMMWAN4, is residential roof runoff infiltrated in accordance with Downspout Full Infiltration Systems in °""D T5, 0 R Volurn^ "1I of the SWIM""` A the currently adopted Stormwater Management Manual, or approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated. "Erodible or leachable materials" shall mean wastes, chemicals, or other substances that measurably alter the physical or chemical characteristics of runoff when exposed to rainfall. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. "Erosion control design storm" shall mean the six-month frequency, 24-hour duration storm event used for analysis and design of sedimentation and erosion control facilities. The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 4/18 Redlines of Amendments to the Port Orchard Municipal Code "Existing stormwater facilities" shall mean those facilities constructed or under permitted construction prior to the effective date of the ordinance codified in this chapter. (6) "F" "Forested land" shall mean as defined in RCW 76.09.020, and shall include all land which is capable of supporting a merchantable stand of timber and is not being actively used in a manner incompatible with timber growing. (7) "G„ "Geotechnical engineer" shall mean a practicing professional engineer licensed as a professional civil engineer by the state of Washington who has at least four years of professional employment as a geotechnical engineer. "Geotechnical report" shall mean a study of the effects of drainage and drainage facilities on soil characteristics, geology and ground water. The geotechnical analysis shall be prepared by a geotechnical engineer. "Grading" shall mean any excavating, filling, or embanking of earth materials. (8) //H// "Highway" shall mean a public road connecting towns and cities. "Hydrograph" shall mean a graph of runoff rate, inflow rate, or discharge rate, past a specific point over time. "Hydrograph method" shall mean a method of estimating a hydrograph using a mathematical simulation. Commonly accepted hydrograph methods include the Soil Conservation Service TR-55 Method and the Santa Barbara Urban Hydrograph Method. "Illicit connection" means (a) any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including, but not limited to, any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the city; or (b) any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city. "Illicit discharge" shall mean any discharge to a municipal separate storm sewer or to surface or ground water that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the municipal separate storm The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 5/18 Redlines of Amendments to the Port Orchard Municipal Code sewer), discharges resulting from fire fighting activities, and those discharges expressly allowed conditionally by Chapter 15.30 POMC, Illicit Discharge Detection and Elimination. "Impervious surface" shall mean a nonvegetated surface area that either (a) prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, or (b) 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 stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. (10) "L" "Land disturbing activity" shall mean any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography, including the creation and/or replacement of impervious surfaces. Land disturbing activities include, but are not limited to, demolition, construction, paving, clearing, grading, filling, excavation, and grubbing. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. The cutting of trees less than 18 inches DBH, not located within any potential critical areas nor part of required landscape or stormwater infrastructure, is not considered a land disturbing activity. "Land use permits and approvals" shall mean any use or development of land that requires city action in legislation, administration, or approval. "Maintenance" shall mean any activity that is conducted on currently serviceable stormwater structures, facilities, and equipment in good working order so as to function as designed without expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. Maintenance shall include activities taken to prevent decline, lapse or cessation in use of the systems or structures, including complete reconstruction of a dysfunctional stormwater facility, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. Maintenance of stormwater facilities shall include assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments), replacement of failed or failing treatment media, and the correction of any problem on the site property that may directly impair the functions of the stormwater facilities The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 6/18 Redlines of Amendments to the Port Orchard Municipal Code as identified in the maintenance standards of Chapter ^, Velu e V of the currently adopted Stormwater Management Manual f^F ` esteffl ` ashin ten "Maintenance covenant" shall mean a binding agreement between the city of Port Orchard and the person or persons holding title to a property served by a stormwater facility whereby the property owner promises to maintain certain stormwater facilities, grants the city the right to enter the subject property to inspect and to make certain repairs or perform certain maintenance procedures on the stormwater control facilities when such repairs or maintenance have not been performed by the property owner, and promises to reimburse the city for the cost should the city perform such repairs or maintenance. "Maintenance schedule" shall mean a document detailing required stormwater facility maintenance activities to be performed at specified intervals. "Major development" shall mean any new development or any redevelopment activity that (a) includes the creation or cumulative addition of 5,000 square feet or greater of impervious surface area from the predevelopment conditions, or (b) includes land disturbing activity of one acre or greater, or (c) includes grading involving the movement of 5,000 cubic yards or more of material. "Minor development" shall mean any new development or redevelopment activity that (a) includes the creation or addition of less than 5,000 square feet of new impervious surface area, and (b) includes land disturbing activity of less than one acre, and (c) includes grading involving the movement of less than 5,000 cubic yards of material. "Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances which is intended to convey only stormwater (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) and which are: (a) owned or operated by the city of Port Orchard; (b) designed or used for collecting or conveying stormwater; (c) are not part of a publicly owned treatment works (any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned); and (d) are not a combined sewer (a system that collects sanitary sewage and stormwater in a single sewer system). (12) "N„ "National Pollutant Discharge Elimination System (NPDES) permit" shall mean a permit issued by the Environmental Protection Agency (EPA) or by the Washington State Department of Ecology that authorizes the discharge of pollutants to waters of the United States from point sources, whether the permit is applicable to an individual, group, or general area -wide basis. "Native vegetation" shall mean vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 7/18 Redlines of Amendments to the Port Orchard Municipal Code such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. "New development" shall mean land disturbing activities, including Class IV —general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. "Nonforestry use" shall mean an active use of land that is incompatible with timber growing. (13) "0" "Off -site drainage analysis" shall mean a study of those land areas contributing surface runoff to a development site as well as a study of the existing and predicted impacts of surface runoff from the development site on properties and drainage features that have the potential to receive stormwater from the development site. "Oil/water separator" shall mean a structure or device used to remove suspended oil and greasy solids from water. "On -site stormwater BMPs" shall mean a synonym for low impact development BMPs. "Operation and maintenance manual" shall mean a written manual, prepared by a qualified civil engineer, which provides a description of operation and maintenance procedures for specific stormwater control facilities, for use by operation and maintenance personnel. "Operator" shall mean any party associated with a construction project that meets either of the following two criteria: (a) The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (b) The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). "Outfall" shall mean a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the permittee's MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). "Owner" shall mean any person or persons having a legal or equitable property right or interest, whether or not said right is legal or equitable in character, including a fee owner, The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 8/18 Redlines of Amendments to the Port Orchard Municipal Code contract purchaser or seller, mortgagor or mortgagee, optionor or optionee, and beneficiary or grantor of a trust or deed of trust. (14) "P„ "Permeable pavement" shall mean pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. "Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties of any waters of the city, state, or United States, 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 as will or is likely to create a nuisance or render such waters harmful, or is otherwise 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. "Pollution -generating hard surface (PGHS)" shall mean those hard surfaces considered to be a significant source of pollutants in stormwater runoff. See listing of surfaces under pollution -generating impervious surface. "Pollution -generating impervious surface (PGIS)" shall mean those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the glossary of the Stormwater Management Manual for Western Washington); storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, nonleachable material (i.e., baked -on enamel coating); or roofs that are subject to venting significant amounts of dust, mists, or fumes from manufacturing, commercial, or other indoor activities. "Pollution -generating pervious surface (PGPS)" shall mean any nonimpervious surface subject to vehicular use, industrial activities (as further defined in the glossary of the Stormwater Management Manual for Western Washington); or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall, use of pesticides and fertilizers, or loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns, landscaped areas including: golf courses, parks, cemeteries, and sports fields (natural and artificial turf). "Predevelopment condition" shall mean native vegetation and soils that existed prior to the influence of Euro-American settlement. Predeveloped condition shall be assumed to be forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement. "Professional engineer" shall mean a person who, by reason of his or her special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 9/18 Redlines of Amendments to the Port Orchard Municipal Code and design, acquired by professional education and practical experience, is qualified to practice engineering as attested by his or her legal registration as a professional engineer in the state of Washington. "Project engineer" shall mean the professional engineer responsible for the design of the project, who will affix his/her seal on the project drainage plans and drainage analysis. The project engineer shall be licensed in the state of Washington and qualified by experience or examination. "Project site" shall mean that portion of a property, properties, or right-of-way subject to land disturbing activities, new hard surfaces, or replaced hard surfaces. (15) "R" "Rain garden" shall mean a nonengineered shallow landscaped depression, with compost -amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and allow stormwater to pass through the amended soil profile. "Receiving waters" shall mean naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or ground water, to which a MS4 discharges. "Redevelopment" shall mean any land disturbing activity occurring on existing substantially developed property (i.e., has 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities. "Replaced hard surface" shall mean for structures, the removal and replacement of hard surfaces down to the foundation. For other hard surfaces, the removal down to bare soil or base course and replacement. "Replaced impervious surface" shall mean for structures, the removal and replacement of hard surfaces down to the foundation. For other hard surfaces, the removal down to bare soil or base course and replacement. (16) "S" "SEPA" shall mean the Washington State Environmental Policy Act. "Shorelines of the state" shall mean the total of all "shorelines" and "shorelines of state-wide significance" within the state, as defined in RCW 90.58.030, also known as the Shoreline Management Act. The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 10/18 Redlines of Amendments to the Port Orchard Municipal Code "Site" shall mean the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site. "Site development activity" shall mean the alteration of topography, clearing, paving, grading, construction, alteration of stormwater systems, site preparation, or other activity commonly associated with site development. "Soils engineer" shall mean a practicing civil engineer licensed as a professional civil engineer in the state of Washington who has at least four years of professional employment as a civil engineer dealing with soil descriptions and characterizations. "Soils investigation report" shall mean a study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils investigation report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees. "Source control BMP" shall mean a best management practice (BMP), either a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The currently adopted Stormwater Management Manual for Western Washington separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. See Volume "' of the S`^'""""`^ W the currently adopted Stormwater Management Manual for details. "Stormwater" shall mean the surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, including snowmelt, during and following precipitation, and resulting from such precipitation that meets the nonpollutant requirements. "Stormwater facility" shall mean a component of a manmade drainage feature, or features, designed or constructed to perform a particular function or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, wetponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and sediment basins. Stormwater facilities shall not include building gutters, downspouts, and drains serving one single-family residence. "Stormwater pollution prevention plan (SWPPP)" shall mean a documented plan to implement measures to identify, prevent, and control the contamination of point source discharges of stormwater. "Stormwater quality control" shall mean the control of the introduction of pollutants into stormwater and the process of separating pollutants from stormwater. Stormwater quality control facilities include, but are not limited to, source controls, biofiltration/biofilter facilities, The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 11/18 Redlines of Amendments to the Port Orchard Municipal Code wet ponds, wetland forebays, oil/water separators, constructed wetlands and erosion and sedimentation control facilities. "Stormwater quantity control" shall mean the control of the rate and/or volume of stormwater released from a development site. Stormwater quantity control facilities include, but are not limited to, detention and retention facilities. (17) "T" "Technical deviation" shall mean permission granted by the director to deviate from the provisions of this chapter. "Threshold discharge area" shall mean an on -site area draining to a single natural discharge location or multiple natural discharge locations that combine within one -quarter mile downstream (as determined by the shortest flowpath). (18) "V" "Variance" shall mean permission granted by the city council to deviate from the provisions of this chapter. "Vehicular use" shall mean regular use of an impervious or pervious surface by motor vehicles. The following are subject to regular vehicular use: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways. The following are not considered subject to regular vehicular use: paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance access roads. (19) „W„ "Water quality design storm event" shall mean a design storm event selected by the director for the purpose of establishing design performance criteria for water quality BMPs. Under most conditions, the term applies to the runoff rate and volume resulting from 64 percent of the precipitation of the two-year frequency, 24-hour duration storm event. "Waters of the state" shall include those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in Chapter 90.48 RCW which include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington. (Ord. 029-19 § 6; Ord. 019-17 § 18 (Exh. 1)). 20.150.060 Regulations and guidelines — Adopted manuals. (1) The provisions of this chapter together with those manuals and standards described herein shall constitute the city's stormwater regulations. The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 12/18 Redlines of Amendments to the Port Orchard Municipal Code (2) All activity under this chapter shall also comply with the applicable provisions of Chapter 20.140 POMC, Land Disturbing Activity; Appendix J of the International Building Code, as adopted in Chapter 20.200 POMC; and equivalent standards approved by the director. (3) The following state and local regulations and guidelines pertaining to surface and stormwater design and management are adopted by reference and shall be collectively referred to as the "Port Orchard stormwater manuals" or the "stormwater manuals": (a) The 20122019 Edition (as amended in December 20 4) of the Washington State Department of Ecology Stormwater Management Manual for Western Washington_ (stormwater Management Manual), (b) The 2012 Edition of the Puget Sound Partnership Low Impact Development Technical Guidance Manual for Puget Sound; (c) The city of Port Orchard design and construction standards; and (d) The definitions, minimum requirements, adjustment, and variance criteria found in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit, except that the erosivity waiver is not adopted. (e) All references to this chapter shall include the Port Orchard stormwater manuals adopted herein. (4) All development proposal activities in the city shall comply with the standards, specifications, and requirements contained in the city's stormwater regulations and stormwater manuals. When best management practices (BMPs) are required by this chapter or any other chapter of the POMC, they shall comply with the stormwater manuals. (5) Where there are differences and/or conflicts between the stormwater manuals and/or Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit, the most stringent criteria shall apply. (6) The adopted regulations and guidelines in the stormwater manuals may be modified for projects located within specific areas for which a specialized stormwater drainage plan has been approved by the city and the Washington State Department of Ecology. (7) The director may amend the Port Orchard stormwater manuals as necessary, by ordinance passed by a majority of the Port Orchard city council, to reflect changing conditions and technology. (8) Compliance with the regulations in this chapter and the stormwater manuals does not necessarily mitigate all probable and significant environmental impacts to aquatic biota. Fishery resources and other living components of aquatic systems are affected by a complex set of factors. While employing a specific flow control standard may prevent stream channel erosion or instability, other factors affecting fish and other biotic resources (such as increases in stream flow velocities) are not directly addressed by the stormwater manuals. Thus, compliance with The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 13/18 Redlines of Amendments to the Port Orchard Municipal Code the stormwater manuals should not be construed as mitigating all probable and significant stormwater impacts, and additional mitigation, beyond what is required in the stormwater manuals, may be required to protect aquatic biota in streams and wetlands. (Ord. 019-17 § 18 (Exh. 1)). 20.150.160 Standards — Minimum site development requirements. The following minimum site development requirements apply to all new development, redevelopment, and construction site activities that result in land disturbance of equal or greater than one acre, including projects less than one acre that are part of a larger common plan of development or sale, regardless of whether a permit under this chapter or Chapter 20.140 POMC, Land Disturbing Activity, is required: (1) Plans and Reports (Minimum Requirement No. 1). All development and redevelopment meeting the thresholds contained in this section shall submit plans and reports in accordance with the criteria stipulated in the manual. (2) Construction Stormwater Pollution Prevention Plan (SWPPP) (Minimum Requirement No. 2). All new development and redevelopment is responsible for preventing erosion and discharge of sediment and other pollutants into receiving waters by preparing a SWPPP. The SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in the narrative and marked on the drawings. The SWPPP narrative shall include documentation to explain and justify the pollution prevention decisions made for the project and shall be available to the director upon request. The SWPPP shall include each of the 12 elements below and shall be fully implemented, from initial soil disturbance until final stabilization, unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the SWPPP. (a) Preservation of vegetation/marking clearing limits; (b) Construction access; (c) Controlling flow rates; (d) Installing sediment controls; (e) Stabilizing soils; (f) Protecting slopes; (g) Protecting drain inlets; (h) Stabilizing channels and outlets; (i) Controlling pollutants; (j) Controlling dewatering; (k) Maintaining best management practices; and The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 14/18 Redlines of Amendments to the Port Orchard Municipal Code (1) Management of the project. (3) Source Control of Pollution (Minimum Requirement No. 3). Source control best management practices (operational and/or structural) are required for all projects. Those practices listed in the source control chapter (Chapter 4) of the S` MMWW currently adopted Stormwater Management mManual as applicable operational or structural source controls for a particular pollutant source are required under this minimum requirement. (4) Preservation of Natural Drainage Systems and Outfalls (Minimum Requirement No. 4). (a) Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural location, to the maximum extent practicable. The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters and down gradient properties. All outfalls require energy dissipation. (b) Downstream Analysis. The following projects shall conduct an analysis of downstream water quality impacts resulting from the project and shall provide mitigation of these impacts: (i) All major developments; and (ii) Any minor developments located within critical drainage areas. The analysis shall extend a minimum of one -quarter of a mile downstream from the project site. The existing or potential impacts to be evaluated and mitigated shall include excessive sedimentation, erosion, discharges to ground water contributing to recharge zones, violations of water quality standards, and spills and discharges of priority pollutants. (5) On -Site Stormwater Management (Minimum Requirement No. 5). All projects shall maintain the average annual volume of water that infiltrates on a site (ground water plus interflow) at or above predevelopment levels as predicted by an approved hydrologic model. Project proponents may use prescriptive predesigned best management practices contained in the manual to fulfill this requirement. (6) Runoff Treatment (Minimum Requirement No. 6). The following require construction of stormwater treatment facilities designed in accordance with the manual: (a) Projects in which the total pollution -generating impervious surface (PGIS) is 5,000 square feet or more; or (b) Projects in which the total of pollution -generating pervious surface (PGPS) is three-quarters of an acre or more, and from which there is a surface discharge in a natural or manmade conveyance system from the site. The level of treatment for each project will be determined by subsections (7) through (10) of this section. The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 15/18 Redlines of Amendments to the Port Orchard Municipal Code (7) Oil Control Treatment Requirements. (a) Treatment to achieve oil control applies to projects that have "high -use sites." High -use sites are those that typically generate high concentrations of oil due to high traffic turnover or frequent transfer of oil. High -use sites include: (i) An area of a commercial or industrial site subject to an expected average daily traffic (ADT) count equal to or greater than 100 vehicles per 1,000 square feet of gross building area; (ii) An area of a commercial or industrial site subject to petroleum storage and transfer in excess of 1,500 gallons per year, not including routinely delivered heating oil; (iii) An area of a commercial or industrial site subject to parking, storage or maintenance of 25 or more vehicles over 10 tons gross weight (trucks, buses, trains, heavy equipment, etc.); (iv) A road intersection with a measured ADT count of 25,000 vehicles or more on the main roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing primarily pedestrian and bicycle use improvements. (b) Oil/Water Separators. All stormwater from impervious areas at high -use sites subject to motor vehicle traffic shall flow through a spill -containment type oil/water separator prior to surface discharge off site. (8) Phosphorus Treatment Requirements. Phosphorus treatment as described in the manual is required for the following: (a) Those water bodies reported under Section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses due to phosphorus; (b) Those water bodies listed in Washington State's Nonpoint Source Assessment required under Section 319(a) of the Clean Water Act due to nutrients. (9) Enhancement Treatment Requirements. Enhanced treatment for reduction in dissolved metals (primarily copper and zinc) is required for the following project sites that discharge to fish -bearing streams, lakes, or to waters or conveyance systems tributary to fish -bearing streams or lakes: (a) Industrial project sites; (b) Commercial project sites; (c) Multifamily project sites; and (d) High annual average daily traffic (AADT) roads as follows: (i) Within urban growth management areas: The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 16/18 Redlines of Amendments to the Port Orchard Municipal Code (A) Fully controlled and partially controlled limited access highways with AADT counts of 15,000 or more; (B) All other roads with an AADT of 7,500 or greater. (10) Basic Treatment Requirements. Basic treatment applies to: (a) Project sites that discharge to the ground, unless: (i) The soil suitability criteria for infiltration treatment are met (see the manual for soil suitability criteria); or (ii) The project uses infiltration strictly for flow control and not treatment and the discharge is within one -quarter mile of a phosphorus sensitive lake (use a phosphorus treatment facility), or within one -quarter mile of a fish -bearing stream or a lake (use an enhanced treatment facility); (b) Residential projects not otherwise needing phosphorus control as designated by U.S. EPA, the Department of Ecology, or by the city of Port Orchard; (c) Project sites discharging directly to salt waters, river segments, and lakes listed in Appendix 1 the currently adopted Stormwater Management Manual for Western (d) Project sites that drain to streams that are not fish -bearing, or to waters not tributary to fish -bearing streams; and (e) Landscaped areas of industrial, commercial, and multifamily project sites, and parking lots of industrial and commercial project sites that do not involve pollution -generating sources (e.g., industrial activities, customer parking, storage of erodible or leachable material, wastes or chemicals) other than parking of employees' private vehicles. For developments with a mix of land use types, the basic treatment requirement shall apply when the runoff from the areas subject to the basic treatment requirement comprise 50 percent or more of the total runoff. (11) Flow Control (Minimum Requirement No. 7). Except as provided in subsection (12) of this section, the following require construction of flow control facilities and/or land use management BMPs that result in stormwater discharges that match developed condition discharge durations to predeveloped condition durations for the range of predeveloped discharge rates from 50 percent of the two-year peak flow up to the full 50-year peak flow: (a) Projects in which the total of effective impervious surfaces is 10,000 square feet or more; (b) Projects that convert three-quarter acre or more of native vegetation to lawn or landscape, or convert two and one-half acres or more of native vegetation to pasture, and The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 17/18 Redlines of Amendments to the Port Orchard Municipal Code from which there is a surface discharge in a natural or manmade conveyance system from the site; or (c) Projects that through a combination of effective impervious surfaces and converted pervious surfaces cause a one -tenth cubic foot per second increase in the 100-year flow frequency as estimated using the Western Washington Hydrology Model or other approved model. (12) Flow Control Exemption. Flow control is not required for projects that discharge directly to Puget Sound if all the following are satisfied: (a) Direct discharge to the exempt receiving water does not result in the diversion of drainage from any perennial stream classified as Types 1, 2, 3, or 4 in the State of Washington Interim Water Typing System, or Types "S," "F," or "Np" in the Permanent Water Typing System, or from any Category I, II, or III wetland; (b) Flow splitting devices or drainage BMPs are applied to route natural runoff volumes from the project site to any downstream Type 5 stream or Category IV wetland: (i) Design of flow splitting devices or drainage BMPs will be based on continuous hydrologic modeling analysis. The design will assure that flows delivered to Type 5 stream reaches will approximate, but in no case exceed, durations ranging from 50 percent of the two-year to the 50-year peak flow; and (ii) Flow splitting devices or drainage BMPs that deliver flow to Category IV wetlands will also be designed using continuous hydrologic modeling to preserve preproject wetland hydrologic conditions unless specifically waived or exempted by regulatory agencies with permitting jurisdiction; (c) The project site must be drained by a conveyance system that is comprised entirely of manmade conveyance elements (e.g., pipes, ditches, outfall protection, etc.) and extends to the ordinary high water line of the exempt receiving water; (d) The conveyance system between the project site and the exempt receiving water shall have sufficient hydraulic capacity to convey discharges from future build -out conditions (under current zoning) of the site, and the existing condition from nonproject areas from which runoff is or will be collected; (e) Any erodible elements of the manmade conveyance system must be adequately stabilized to prevent erosion; and (f) Shoreline erosion is avoided through the use of appropriate energy dissipation or other protective measures. (13) Wetlands Protection (Minimum Requirement No. 8). The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Ordinance Amending 20.150.020, 20.150.060, and 20.150.160 — Page 18/18 Redlines of Amendments to the Port Orchard Municipal Code (a) Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses. The hydrologic analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless directed otherwise by a regulatory agency with jurisdiction. (b) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer, except for: (i) Necessary conveyance systems as approved by the permittee; or (ii) As allowed in wetlands approved for hydrologic modification and/or treatment in accordance with Guidesheet 113 in Appendix 1 D of the currently adopted Stormwater Management Manual f^.r `" P-St- rn Washingter (c) An adopted and implemented basin plan prepared in accordance with the provisions of POMC 20.150.230 may be used to develop requirements for wetlands that are tailored to a specific basin. (14) Operation and Maintenance (Minimum Requirement No. 9). All stormwater facilities shall be operated and maintained in accordance with POMC 20.150.260. (Ord. 019-17 § 18 (Exh. 1)). The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022.