044-16 - Ordinance - Amending Chapter 15.32 Stormwater Drainage and Chapter 15.35 Land Disturbing ActivityORDINANCE NO.044-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTER 15.32 (STORMWATER DRAINAGE) AND
CHAPTER 15.34 (LAND DISTURBING ACTIVITY) TO COMPLY WITH THE
REQUIREMENTS OF THE WESTERN WASHINGTON PHASE II STORMWATER PERMIT
AND PROMOTE USE OF LOW IMPACT DEVELOPMENT TECHNIQUES; PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the Washington State Department of Ecology ("Ecology") administers federal
Municipal National Pollutant Discharge Elimination System ("NPDES") permit requirements in
western Washington through its adopted Western Washington Phase II Permit ("Permit"); and
WHEREAS, in 2012, Ecology issued an updated Permit to be effective from August 1,
2013, through July 31, 2018. The updated Permit has built upon the requirements and
programs developed under the original Permit and requires jurisdictions, including the City of
Port Orchard ("City"), to revise their local development codes, rules, and standards to
incorporate and require Low Impact Development (LID) principles and LID Best Management
Practices (BMPs) ("LID Updates"), no later than December 31, 2016; and
WHEREAS, the City has prepared amendments to Title 15 of the Port Orchard Municipal
Code ("POMC") to comply with Ecology's directive; and
WHEREAS, on November 7, 2016, the City provided required 14-day expedited notice of
its intent to amend its development regulations to the Department of Commerce; and
WHEREAS, on November 11, 2016, the City's SEPA official issued a determination of
non -significance for the proposed amendments and there have been no appeals; and
WHEREAS, on December 6, 2016, the Port Orchard Planning Commission held a duly -
noticed public hearing on the proposed amendments wherein public testimony was received,
the Planning Commission reviewed the proposed amendments to the POMC, and forwarded a
recommendation to the city council to approve the proposed amendments as proposed; and
WHEREAS, the proposed amendments to Title 15 of the POMC are consistent with the
goals, objectives, and policies of the City's comprehensive plan; and
WHEREAS, the City Council of the City of Port Orchard, upon review of the facts,
findings, and recommendations of the Port Orchard Planning Commission, and after reviewing
information provided by City staff, find that all applicable and substantive requirements of the
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law have been met, that the adoption of this ordinance promotes the public health, safety, and
general welfare of the community, and that the adoption of this ordinance serves the public
interest.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. POMC Chapter 15.32 is hereby repealed and replaced in its entirety to read
as follows:
Chapter 15.32 STORMWATER DRAINAGE
15.32.010 Stormwater drainage —Purpose and objectives —Liability.
15.32.020 Stormwater drainage —Definitions.
15.32.030 Stormwater drainage —Administration.
15.32.040 Stormwater drainage —Applicability.
15.32.050 Stormwater drainage —Exemptions.
15.32.060 Stormwater drainage —Regulations and guidelines —Adopted
manuals.
15.32.070 Stormwater drainage —Special stormwater drainage improvements.
15.32.080 Stormwater drainage —Permit —Form.
15.32.090 Stormwater drainage —Permit —Submittal requirements.
15.32.100 Stormwater drainage —Permit —Decision type.
15.32.110 Stormwater drainage —Permit —Review criteria.
15.32.120 Stormwater drainage —Permit —Technical deviations.
15.32.130 Stormwater drainage —Permit —Variances.
15.32.140 Stormwater drainage —Permit —Construction timing and final
approval.
15.32.150 Stormwater drainage —Permit —Expiration; extension.
15.32.160 Stormwater drainage —Standards —Minimum site development
requirements.
15.32.170 Stormwater drainage —Standards —Redevelopment activities.
15.32.180 Stormwater drainage—Standards—Stormwater quality control.
15.32.190 Stormwater drainage —Standards —Water quality BMPs.
15.32.200 Stormwater drainage—Standards—Stormwater conveyance
facilities.
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15.32.210 Stormwater drainage —Standards —Wetlands.
15.32.220 Stormwater drainage —Standards —Regional facilities.
15.32.230 Stormwater drainage —Standards —Basin planning.
15.32.240 Stormwater drainage —Standards —Exemptions.
15.32.250 Stormwater drainage —Facilities —Covenants, sureties, and liability
insurance.
15.32.260 Stormwater drainage —Facilities —Operation and maintenance.
15.32.270 Stormwater drainage —Enforcement.
15.32.010 Stormwater drainage —Purpose and objectives —Liability.
(1) Purpose. The purpose of this chapter is to regulate storm and surface water
discharges from all new development and redevelopment to prevent and control
adverse impacts of drainage and storm and surface water on the public health,
safety, and general welfare, consistent with the provisions of the Federal Clean
Water Act (33 U.S.C. § 1251 et seq.) as administered by the Washington State
Department of Ecology through issuance of the National Pollutant Discharge
Elimination System (NPDES) Phase II Municipal Stormwater Permit (Permit), in
accordance with chapter 90.48 RCW. The provisions of this subtitle shall be
liberally construed to accomplish the purposes of the chapters herein and the
protection and preservation of the public health, safety, and general welfare.
(2) Objectives. The objectives of this subtitle are to:
(a) Establish a water quality restoration and storm and surface water
management program for the City of Port Orchard to be administered by the City
of Port Orchard's department of public works;
(b) Promote sound, practical, and economical development practices and
construction procedures that prevent or minimize impacts to the City's waters;
(c) Prevent or minimize degradation of water quality and to control the
sedimentation of streams, rivers, lakes, wetlands, marine waters, and other
waters to the maximum extent practicable by all known and reasonable methods
of prevention, control, and treatment;
(d) Control stormwater runoff originating from new development or
redevelopment;
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(e) Preserve the quality of water for recreation and fish and wildlife habitat;
(f) Maintain aquatic habitat;
(g) Maintain the quality of the City's water resources;
(h) Prevent or minimize adverse effects caused by degradation of surface water
quality flow patterns or quantities, locations, and changes to hydrologic flow
patterns;
(i) Prevent groundwater degradation from surface water flows;
(j) Preserve and protect the city's wetlands by maintaining hydrologic continuity
with other aquatic resources;
(k) Maintain the safety of city roads and rights -of -way;
(1) Protect public safety by reducing soil erosion, slope instability, and
landslides;
(m) Promote non-structural preventative and source control activities and
actions; and
(n) Require the use of low impact development (LID) best management practices
(BMPs) where feasible, as defined in the City's Stormwater Manual.
(3) Liability. Administration of this chapter shall not be construed to create the
basis for any liability on the part of the City, its appointed and elected officials,
and/or employees while working within the scope of their duties for any action
or inaction thereof authorized or done in connection with the implementation of
this chapter.
15.32.020 Stormwater drainage —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
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Manuals is not defined in this chapter, the definition in the Stormwater Manuals
shall control.
(1) "A"
"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.
"Applicant" shall mean the person, party, firm, corporation, or other legal entity
that proposes to engage in site development activities in incorporated Port
Orchard by submitting an application for any of the activities covered by this
chapter on a form furnished by the city and paying the required application fees.
"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.
(2) „B„
"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.
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"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 Stormwater Management Manual
for Western Washington, Chapter 7 of Volume V for Bioretention BMP types and
design specifications.
"Bond" shall mean a financial guarantee, in the form of a surety bond,
assignment of funds, or irrevocable bank letter of credit, that shall guarantee
compliance with applicable provisions of this chapter.
(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 BMP C160 in the currently adopted Stormwater
Management Manual for Western 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 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.
"Clearing" or "land clearing" shall mean the surface removal of vegetation.
"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
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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 non-native 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 15.32.070,
Critical drainage areas, which have a high potential for stormwater quantity or
quality problems.
M
"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.
"Detention facilities" shall mean stormwater facilities designed to store runoff
while gradually releasing it at a predetermined controlled rate. "Detention
facilities" shall include all appurtenances associated with their designed function,
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maintenance, and security.
"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.
"Developed site" shall mean the condition of the development site following
completion of construction of the development including all approved phases of
construction.
"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 T5.30 — "Full Dispersion," as described in Chapter 5 of
Volume V of the Stormwater Management Manual for Western Washington
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(SWMMWW), is residential roof runoff infiltrated in accordance with Downspout
Full Infiltration Systems in BMP T5.10A in Volume III of the SWMMWW, 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.
"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.
"Grubbing" shall mean the removal of vegetative matter from underground,
such as sod, stumps, roots, buried logs, or other debris, and shall include the
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incidental removal of topsoil to a depth not exceeding 12 inches.
(8) //H//
"Hard surface" shall mean an impervious surface, a permeable pavement, or a
vegetated roof.
"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.
no
"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 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 non -vegetated surface area that either (a)
prevents or retards the entry of water into the soil mantle as under natural
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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 non -vegetative)
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.
"Land use permits and approvals" shall mean any use or development of land
that requires city action in legislation, administration, or approval.
"Low Impact Development (LID)" shall mean a stormwater and land use strategy
that strives to mimic pre -disturbance hydrologic processes of infiltration,
filtration, storage, evaporation and transpiration by emphasizing conservation,
use of on -site natural features, site planning, and distributed stormwater
management practices that are integrated into a project design.
"LID Best Management Practices (BMPs)" shall mean distributed stormwater
management practices, integrated into a project design, that emphasize pre -
disturbance hydrologic processes of infiltration, filtration, storage, evaporation
and transpiration. LID BMPs include, but are not limited to, bioretention, rain
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gardens, permeable pavements, roof downspout controls, dispersion, soil quality
and depth, minimal excavation foundations, vegetated roofs, and water re -use.
"LID principles" shall mean land use management strategies that emphasize
conservation, use of on -site natural features, and site planning to minimize
impervious surfaces, native vegetation loss, and stormwater runoff.
(11) "M"
"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 as
identified in the maintenance standards of Chapter 4, Volume V of the
Stormwater Management Manual for Western Washington.
"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.
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"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„
"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 such as willow,
elderberry, salmonberry, and salal; and herbaceous plants such as sword fern,
foam flower, and fireweed.
"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.
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"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.
"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).
"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:
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(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).
"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, 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.
"Pervious surface" shall mean any surface material that allows stormwater to
infiltrate into the ground. Examples include lawn, landscape, pasture, native
vegetation areas, and permeable pavements.
"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.
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"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, non -leachable 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 non -impervious
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 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
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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 non -engineered 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.
"Retention facilities" shall mean drainage facilities designed to store runoff for
gradual release by evaporation, plant transpiration, or infiltration into the soil.
Retention facilities shall include all such drainage facilities designed so that none
of the runoff entering the facility will be discharged as surface water. Retention
facilities shall include all appurtenances associated with their designed function,
maintenance, and security.
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(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.
"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 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.
"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.
"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 Stormwater
Management Manual for Western Washington (SWMMWW) 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 IV of the SWMMWW for details.
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"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, 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).
lf�
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"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, un-
vegetated 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„
"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.
"Water quality design storm event" shall mean a design storm event as
established pursuant to the Stormwater Manual 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.
"Wetland" shall mean 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. Wetlands do not include those artificial
wetlands intentionally created from non -wetland sites, including, but not limited
to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those
wetlands created after July 1, 1990, that were unintentionally created as a result
of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non -wetland areas to mitigate the
conversion of wetlands.
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15.32.030 Stormwater drainage —Administration.
(1) Authority. The Director shall have the authority to develop and implement
procedures to administer and enforce this chapter.
(2) Inspections. All activities regulated by this chapter shall be inspected by the
Department. The Department's designee 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, permanent storm water control facilities, landscaping, retaining walls,
and completion of project. When required by the Director, a special inspection
and/or testing shall be performed.
15.32.040 Stormwater drainage — Applicability.
(1) The provisions of this chapter shall apply to all development proposals within
the bounds of incorporated Port Orchard.
(2) Any land development which is required by operation of any City of Port
Orchard ordinance, state law, or federal law to construct, install, or modify any
natural or manmade drainage features, either public or private, within, abutting,
or serving the development shall do so in accordance with this chapter.
(3) The provisions of POMC 15.32.150, Operation and maintenance, shall also
apply to existing stormwater facilities in incorporated Port Orchard.
(4) The requirements of this chapter are in addition to other City codes,
standards, and regulations. Where conflicts exist between the provisions of this
chapter and other codes and standards, the most restrictive shall apply. Where
the provisions of this chapter directly conflict with any other state law, federal
law, or comprehensive drainage plan, the more stringent provisions shall apply
to the extent permissible by law.
15.32.050 Stormwater drainage — Exemptions.
The following activities are exempt from the provisions of this chapter:
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(1) Commercial agriculture and forest practices regulated under WAC Title 222;
(2) Development that is undertaken by the Washington State Department of
Transportation in state highway rights -of -way and is regulated by Chapter 173-
270 WAC, the Puget Sound Highway Runoff Program; and
(3) Pavement maintenance. Pavement Maintenance practices which are exempt
include potholes and square cut patching, overlaying existing asphalt or concrete
pavement with asphalt or concrete without expanding the area of coverage,
shoulder grading, reshaping/regrading drainage systems, crack sealing,
resurfacing with in -kind material without expanding the road prism, pavement
restoration activities that do not expand the road prism, and vegetation
maintenance. See Appendix 1 of the Western Washington Phase II Municipal
Stormwater Permit for practices which are not categorically exempt.
15.32.060 Stormwater drainage —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.
(2) All activity under this chapter shall also comply with the applicable provisions
of Chapter 15.34, Land Disturbing Activity; Appendix J of the International
Building Code, as adopted in Chapter 15.04 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 2012 Edition (as amended in December 2014) of the Washington State
Department of Ecology Stormwater Manual for Western Washington;
(b) The 2012 Edition of the Puget Sound Partnership Low Impact Development
Technical Guidance Manual for Puget Sound;
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(c) The 2016 Edition of 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 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 Stormwater Manuals should not be construed as mitigating
all probable and significant stormwater impacts, and additional mitigation,
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beyond what is required in the Stormwater Manuals, may be required to protect
aquatic biota in streams and wetlands.
15.32.070 Stormwater drainage —Special stormwater drainage improvements.
In order to mitigate or eliminate potential drainage -related impacts on critical
drainage areas, the Director may require drainage improvements in excess of
those required in this chapter and the Stormwater Manuals. For particularly
sensitive drainage areas, the Director may specify the general type of drainage
improvement required. Accordingly, the following are designated as critical
drainage areas:
(a) All lands having a slope of thirty (30) percent or greater:
(i) As determined by a topographic survey of the site; or
(ii) As shown on a U.S.G.S. topographic quadrangle map, when other topographic
survey information is not available; or
(iii) As determined by the director based on field investigation of the site;
(b) Geologic hazardous area and historically documented unstable slopes;
(c) All lands within 200 feet of the ordinary high water mark of bodies of water
possessing fish spawning and rearing habitat for anadromous and resident fish
species, as designated by the State Department of Fish and Wildlife;
(d) All lands designated critical areas in any comprehensive drainage plan, or
defined as critical areas by separate ordinance;
(e) All lands that are classified as wetlands as defined by any separate city
ordinance or policy;
(f) Any lands that have existing local requirements for the management or
protection of ground water, aquifers, or sole source aquifers;
(g) Any lands that drain to a closed depression;
(h) Any lands that have existing local or state requirements for the protection of
particular fish or wildlife habitats;
(i) Any lands that are established by law as shellfish protection areas; and
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(j) Any lands determined by the director to have a high potential for drainage
and water quality problems, and/or are sensitive to the effects of construction or
development.
In the event of conflict between maps or other available information resources
regarding the above designations, the final determination of whether or not
certain lands are critical drainage areas shall be made by the Development
Director. In making such a final determination, the Development Director may
use detailed site surveys and/or other topographic data that the Development
Director may require the applicant to furnish at the applicant's expense.
15.32.080 Stormwater drainage —Permit —Form.
(1) Permit Required. A stormwater drainage permit is required for all
development proposals, except as exempt under Chapter 15.34 POMC, Land
Disturbing Activity, or as may be otherwise exempt herein. No construction or
development activity shall occur until a stormwater drainage permit has been
issued, nor shall said activity continue without an approved stormwater drainage
permit in force.
(2) Application Form. The stormwater drainage permit shall be submitted
pursuant to forms provided by the City. As required by this chapter and the
permit submittal requirements in POMC 15.32.090, supporting documents
submitted with the application shall address the applicable minimum
requirements for surface and stormwater control pursuant to the Stormwater
Manuals and include the proposed BMPs to mitigate such stormwater impacts.
(3) Fees. Stormwater drainage permits shall be subject to fees for application
review and inspections during construction. Fees for stormwater drainage
permits shall be set forth in the City's current fee schedule.
15.32.090 Stormwater drainage —Permit —Submittal requirements.
The following submittal requirements apply to all stormwater drainage permit
applications.
(1) Low Impact Development Site Analysis Required. All development proposals
shall conduct a Low Impact Development (LID) site analysis in accordance with
the minimum requirements outlined the Stormwater Manuals. LID site
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assessment findings shall be a required component of the stormwater drainage
permit submittal.
(2) Drainage Report —When required. Development proposals that include any
of the following activities shall submit a drainage report, as prescribed by this
chapter and the Stormwater Manuals, together with the required calculations,
plans, and details, as a component of the stormwater drainage permit; the
drainage report and supporting plan documents shall address the applicable
minimum stormwater management requirements and include the proposed
BMPs to mitigate stormwater impacts:
(a) Development or redevelopment activities that qualify as a major
development as defined herein; or
(b) Grading activities that result in the movement of 150 cubic yards or more of
earth; or
(c) Grading activities that will result in a temporary or permanent slope having a
steepness exceeding three to one (3:1) (three feet horizontal to one foot
vertical) and having a total slope height, measured vertically from toe of slope to
top of slope, exceeding five feet (5 ft.); or
(d) Grading activities that include the construction of embankment berms that
will result in the impoundment of water to a depth exceeding eighteen (18)
inches and/or with a maximum volume exceeding 2,500 cubic feet of water; or
(e) Grading activities that will result in the diversion of existing drainage courses,
both natural and manmade, from their natural point of entry or exit from the
grading site;
(f) Any land clearing or grading on slopes steeper than thirty (30) percent, or
within the mandatory setback of a wetland, stream, lake, or Puget Sound, as
established by separate ordinance or by the public works department.
(3) BMP plans, only —When required. Minor development, as defined herein, or
projects that do not require a drainage report pursuant to subsection (2) of this
section, shall submit plans that document the proposed BMPs to mitigate
stormwater impacts as a component of the stormwater drainage permit. The
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proposed BMPs shall address the applicable minimum requirements pursuant to
the Stormwater Manuals.
(4) Off -Site Analysis. All development proposals that require a drainage report
pursuant to subsection (2) of this section shall also include an off -site drainage
analysis as defined in this chapter, prepared by a qualified professional engineer,
and based on a field investigation of the development's off -site contributing and
receiving drainage areas as a required component of the stormwater drainage
permit submittal.
(5) Soils Analysis. All development proposals that require a drainage report
pursuant to subsection (2) of this section and where the soils underlying the
proposed project have not been mapped, or where existing soils maps of the
project site are inconsistent, or where the Development Director deems that
existing soils maps of the project site are not of sufficient resolution to allow
proper engineering analysis, shall include a soils investigation report as a
required component of the stormwater drainage permit submittal.
(6) Geotechnical Analysis. All development proposals where grading or the
construction of stormwater retention facilities, detention facilities, LID BMPs, or
other stormwater facilities is proposed within 200 feet of slopes steeper than
thirty (30) percent, or where the Development Director deems that the proposed
construction poses a potential hazard due to its proximity to a slope, shall, when
required by the Development Director, include a geotechnical analysis prepared
by a qualified geotechnical engineer as a required component of the stormwater
drainage permit submittal. Said geotechnical analysis shall address the effects of
ground water interception and infiltration, seepage, potential slip planes, and
changes in soil bearing strength.
(7) When a Professional Engineer Is Required. Unless otherwise required in this
chapter, documents submitted in support of a stormwater drainage permit
application must be prepared by a qualified professional engineer when one of
the following conditions exists:
(a) Any land use or building or development proposal on real property which
meets the definition of a major development; or
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(b) Any improvements within the boundaries of city rights -of -way for which Port
Orchard will ultimately assume responsibility for maintenance; or
(c) Any development proposal that the Director deems to be in the public's best
interest to require that certain stormwater drainage permit application submittal
documents be prepared by a professional civil engineer.
(8) Engineering and drainage plans. All engineering plans shall be submitted to
the Department for review in accordance with the Stormwater Manuals. All
drainage plans, if required, shall be submitted to the Department for review in
accordance with the Stormwater Manuals and in accordance with the
requirements of any associated permit applications or development approvals.
15.32.100 Stormwater drainage —Permit —Decision type; review criteria.
A stormwater drainage permit shall be issued as an administrative decision of
the Director, appealable to the Port Orchard Hearing Examiner in a closed record
hearing.
15.32.110 Stormwater drainage —Permit —Review criteria.
(1) Every stormwater drainage permit, or approval application with storm
drainage review, must meet the design and submittal requirements of this
chapter and the adopted Stormwater Manuals.
(a) The required review for any submitted stormwater drainage permit shall be
scaled by the Director to the scope of the project's size, type of development,
and potential for impacts to the regional surface water system to facilitate
preparation and review of project applications. The Director shall determine
which drainage reviews apply to a stormwater drainage permit application, as
specified in the Stormwater Manuals.
(b) Stormwater generated on -site from all new impervious surfaces shall be
managed through a combination of LID BMPs in accordance with this chapter
and the Stormwater Manuals, or any other LID BMPs approved by the city
through the design deviation process in POMC 15.32.120, unless site and soil
conditions make LID infeasible as defined in the Stormwater Manual.
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(2) Low Impact Development BMPs—Additional conditions. The following LID
BMPs utilized as part of a stormwater drainage permit submittal shall be subject
to additional review and conditions for implementation by the Director as part of
the stormwater drainage permit review and issuance:
(a) Permeable pavements subject to vehicular use; and
(b) Reverse slope sidewalks.
15.32.120 Stormwater drainage —Permit —Technical deviations.
The Director may grant technical deviations from requirements contained in the
Stormwater Manuals pursuant to the requirements Stormwater Manuals; and
provided that all of the following criteria are met:
(a) The technical deviation will not otherwise result in noncompliance with this
chapter;
(b) The granting of the technical deviation will not result in noncompliance with
the development conditions imposed upon the project by the city;
(c) The granting of the technical deviation will produce a compensating or
comparable result that is in the public interest; and
(d) The granting of the technical deviation will meet the objectives of safety,
function, appearance, environmental protection, and maintainability based on
sound engineering judgment.
15.32.130 Stormwater drainage —Permit —Variances.
(1) Eligibility.
(a) Requests for a variance from the minimum requirements under this chapter
and the Stormwater manuals may be considered for stormwater drainage
permits pending approval. The permit application review time will be extended
by the Director as required for the review.
(b) Requests for a variance from the minimum requirements under this chapter
and the Stormwater manuals may be considered for stormwater drainage
permits that have not yet expired; provided, that the variance request must be
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submitted a minimum of ninety (90) calendar days prior to the stormwater
drainage permit expiration date. The 90-day requirement may be increased by
the Director depending on the complexity of the variance.
(2) Submittal requirements.
(a) Applicants requesting a variance from the minimum requirements under this
chapter and the Stormwater Manuals shall provide all necessary justification and
supporting documentation in accordance with Appendix 1 of the Western
Washington Phase II Municipal Stormwater Permit. Additional information shall
be submitted if required by the Director.
(b) The permit applicant shall be responsible for all costs associated with
analyses, documentation, and additional review time of the variance, in
accordance with the process established by the Director.
(3) Review and approval.
The hearing examiner may grant a variance from the provisions of this chapter;
provided, that all of the following criteria and requirements are met:
(a) The applicant has provided all necessary justification and supporting
documentation to meet the requirements of Appendix 1 of the Western
Washington Phase II Municipal Stormwater Permit;
(b) The granting of the variance will produce a compensating or comparable
result that is in the public interest; and
(a) The granting of the variance will meet the objectives of safety, function,
appearance, environmental protection, and maintainability based on sound
engineering judgment.
(4) Denial; appeal.
(a) The permit applicant is responsible for fully meeting the minimum
requirements of this chapter and the Stormwater Manuals if the variance is not
approved prior to the stormwater drainage permit expiration.
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(b) The decision of the hearing examiner to grant or deny a variance pursuant to
this section may be appealed to the city council in a closed record appeal. The
decision of the city council upon a closed record appeal is final.
15.32.140 Stormwater drainage —Permit —Construction timing and final
approval.
(1) No work related to permanent or temporary storm drainage control for a
permitted development may proceed without the approval of the Director
pursuant to this chapter.
(2) Erosion and sediment control measures associated with both the interim and
permanent drainage systems shall be approved and constructed pursuant to the
requirements in Chapter 15.34 POMC, Land Disturbing Activity.
(3) Prior to the construction of any improvements or buildings on the site, or to
final recording of a plat or short plat, those portions of the stormwater drainage
facilities required pursuant to the applicable issued stormwater drainage
permit(s) shall be constructed and in operation as approved by the city; but,
after receipt of a written request, and the posting of a performance bond, the
Director may authorize recording prior to final approval to minimize impacts that
may result from construction of said stormwater drainage facilities during
inappropriate times of the year.
15.32.150 Stormwater drainage —Permit —Expiration; extension.
(1) Expiration. A stormwater drainage permit issued pursuant to this chapter
shall expire three (3) years from the date of issuance if the permitted work has
not yet commenced. In the event that a stormwater drainage permit, and any
renewal thereof pursuant to subsection (2) of this section, expires prior to the
completion of construction, all construction activity must cease, a new
stormwater drainage permit application must be submitted, and the issuance of
a new stormwater drainage permit shall be at the discretion of the Director,
subject to city development standards in force at the time of the new permit
application.
(2) Permit extension.
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(a) if construction pursuant to an issued stormwater drainage permit has begun,
been documented, and is continuing prior to the expiration of said permit, the
property owner or stormwater drainage permit applicant may request a permit
extension, submitted in writing to the Director, prior to the expiration date of
the permit. Having the required inspections performed and approved within
every 360 days is evidence that work has commenced and is continuing.
(b) The Director may grant a one-time extension not to exceed two (2) additional
years. The Director shall not grant more than one permit extension for a
stormwater drainage permit.
(c) The Director's decision whether to grant an extension pursuant to this
subsection shall be final.
15.32.160 Stormwater drainage —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 (1) acre, including projects less than
one (1) acre that are part of a larger common plan of development or sale,
regardless of whether a permit under this chapter or chapter 15.34 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.
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(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 de -watering;
(k) Maintaining best management practices; and
(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
SWMMWW manual 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.
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(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.
(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.
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(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:
(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);
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(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-C of the currently adopted Stormwater Management
Manual for Western Washington;
(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 2.5 acres or more of native vegetation to pasture, and
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 0.1 cubic feet per second increase in the
100-year flow frequency as estimated using the Western Washington Hydrology
Model or other approved model.
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(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).
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(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 for Western Washington.
(c) An adopted and implemented basin plan prepared in accordance with the
provisions of POMC 15.32.230(12) 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 15.32.260.
15.32.170 Stormwater drainage —Standards —Redevelopment activities.
(1) Where redevelopment activities meet the definition of a major development,
the requirements of this section shall apply to that portion of the site that is
being redeveloped. In addition, where one or more of the following conditions
exist, the requirements of this section shall apply, to the maximum extent
practicable, for the entire site, including adjoining parcels, if they are part of the
project:
(a) Existing sites greater than one acre in size with 35 percent or more
impervious surface;
(b) Sites that discharge to a receiving water that has a documented water quality
problem; and
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(c) Sites where the need for additional stormwater control measures has been
identified through a basin plan.
(2) Approved Hydrological Methods for Design. Estimation of peak stormwater
runoff rates used in the design of stormwater quantity control facilities shall
utilize hydrograph methods of analysis approved by the Director. The design of
storage facilities that are a part of stormwater quantity control facilities shall be
designed using methods approved by the Director.
15.32.180 Stormwater drainage—Standards—Stormwater quality control.
The following minimum requirements for stormwater quantity control shall
apply to all development proposals that meet the definition of a major
development:
(1) All surface water and stormwater entering the development site in its
predevelopment state shall be received at the naturally occurring or otherwise
legally existing locations. All surface water and stormwater leaving the
development site shall be discharged at all times during and after development
at the naturally occurring or otherwise legally existing locations so as not to be
diverted onto or away from adjacent downstream properties, except diversion
which will correct an existing manmade downstream problem may be permitted
by the Director. For the purposes of this chapter, "naturally occurring location"
shall mean the location of those channels, swales, and pre-existing and
established systems as defined by the first documented topographic contours
existing for the subject property, either from maps or photographs, site
inspections, decisions of a court of law, or other means determined appropriate
by the Director.
(2) The post -development peak stormwater discharge rates from the
development site for the two-, 10-, and 100-year, 24-hour duration storm events
and the 100-year, seven-day duration storm event shall at no time exceed the
predevelopment peak stormwater runoff rates for the same design storm
events, except as expressly permitted by this chapter. Also, where stormwater
directly or indirectly discharges to open channels or streams, streambank
erosion protection is required; the post -development peak stormwater discharge
rate from the development site for the two-year, 24-hour duration storm event
shall not exceed 50 percent of the predevelopment peak stormwater runoff rate
for the same design storm event. The Director may require that runoff from a
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development site be controlled for additional design storm events.
(3) Closed depressions shall be analyzed using hydrograph routing methods.
Infiltration shall be addressed where appropriate. If a proposed project will
discharge runoff to an existing closed depression that has greater than 5,000
square feet of water surface area at overflow elevation, the following
requirements must be met:
(a) Case 1. The predevelopment 100-year, seven-day and 24-hour duration
design storms from the drainage basin tributary to the closed depression are
routed into the closed depression using only infiltration as outflow. If the design
storms do not overflow the closed depression, no runoff may leave the site for
the same storm events following development of a proposed project. This may
be accomplished by excavating additional volume in the closed depression
subject to all applicable requirements. If a portion of the depression is located
off of the project site, impacts to adjacent properties shall be evaluated.
(b) Case 2. The predevelopment 100-year, seven-day, 24-hour duration design
storm events from the drainage basin tributary to the closed depression are
routed to the closed depression using only infiltration as outflow, and overflow
occurs. The closed depression shall then be analyzed as a detention/infiltration
pond. The required performance, therefore, shall not exceed the
predevelopment runoff rates for 50 percent of the two-year and 100 percent of
the 10-year and 100-year, 24-hour duration and 100-year, seven-day duration
design storms. This will require that a control structure, emergency overflow
spillway, access road, and other applicable design criteria be met. If the facility
will be maintained by the city, the closed depression shall be placed in a
dedicated tract. If the facility will be privately maintained, the tract shall be
located within a drainage easement. If a portion of the depression is located off
of the project site, impacts to adjacent properties shall be evaluated.
(c) Case 3. When a proposed project is contributory to a closed depression
located off -site, the volume of runoff discharged may not be increased for the
two-, 10-, and 100-year, 24-hour duration, and the 100-year, seven-day duration
storm events. The exception to this requirement is in the case where discharge
would not result in an increase in water surface elevation of greater than 0.01
foot for the 100-year storm events.
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(4) Land developments shall provide stormwater quantity control facilities
designed to meet, as a minimum performance standard, the requirements of this
section, except in the following circumstances:
(a) The development site discharges directly into Puget Sound, or directly into
the tidally influenced areas of rivers and streams discharging into Puget Sound,
where runoff quantity control is not required by other governmental agencies.
(b) The development site discharges to a regional stormwater facility approved
by the director to receive the developed site runoff.
(c) The development site discharges to a receiving body of water (lake, wetland,
etc.) where it can be demonstrated by the applicant, to the satisfaction of the
director, that stormwater quantity control is not warranted.
(5) In the event that conditions downstream from a proposed development site
are determined by the Director to be exceptionally sensitive to potential
stormwater discharges from the subject site, the Director may require a factor of
safety be applied to the total retention/detention storage volume and/or a
reduction of allowable stormwater release rates.
(6) Submittals for all proposed development projects shall include an analysis of
downstream water quantity impacts resulting from the project and shall provide
for mitigation of these impacts. The analysis shall extend a minimum of one -
quarter of a mile downstream from the project. The existing or potential impacts
to be evaluated and mitigated shall include, but not be limited to, excessive
streambank erosion, flooding, surcharging of existing closed drainage
conveyance facilities, discharge to closed depressions, and discharge to existing
off -site runoff control facilities.
(7) Retention facilities and open stormwater quantity control facilities shall not
be located in dedicated public road rights -of -way.
(8) Reasonable access for maintenance, as determined by the Director, shall be
provided to all stormwater facilities.
(9) 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. Streambank erosion control BMPs shall be
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selected, designed, and maintained according to the manual. Streambank
erosion control BMPs shall not be built within a natural vegetated buffer, except
for necessary conveyance systems as approved by the department of public
works.
15.32.190 Stormwater drainage —Standards —Water quality BMPs.
(1) Water quality best management practices (BMPs) shall be used to the
maximum extent practicable to control pollution in stormwater. Water quality
BMPs shall be used to comply with the standards of this chapter, including those
contained in the Stormwater Manual. Construction and post -development water
quality BMPs shall be utilized for all developments. Said water quality BMPs shall
provide runoff water quality treatment for all storm events with intensities less
than or equal to the water quality design storm event, as defined in this chapter.
(2) Illicit Discharges. Illicit discharges or illicit connections to a stormwater
drainage system, pursuant to chapter 15.30 POMC are prohibited.
(3) Experimental Best Management Practices. In those instances where
appropriate best management practices are not in the Stormwater Manual,
experimental BMPs should be considered. In an effort to improve stormwater
quality technology, experimental BMPs are encouraged as a means of solving
problems in a manner not addressed by the Stormwater Manual. Experimental
BMPs must be approved by the Director. The Director may require that the
performance of experimental BMPs be monitored according to the Department
of Ecology's Technology Assessment Protocol (TAPE) guidelines, to document
their effectiveness for future use.
(4) Incorporation into Stormwater Quantity Control Facilities. Water quality
BMPs may be incorporated into the design of stormwater quantity control
facilities where appropriate.
15.32.200 Stormwater drainage—Standards—Stormwater conveyance
facilities.
(1) All proposed developments must provide on -site stormwater conveyance
facilities having sufficient capacity to convey, without flooding or otherwise
damaging existing or proposed structures, the post -development peak
stormwater runoff rate resulting from a 100-year storm event, plus any existing
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upstream runoff that will be conveyed through the development site.
(2) Estimation of peak stormwater runoff rates used in the design of water
conveyance facilities shall use either the rational method or a hydrograph
method of analysis accepted by the Director.
(3) Existing drainage ways and/or other conveyance facilities downstream from
proposed developments that are identified within the scope of the downstream
portion of the off -site drainage analysis shall have sufficient capacity to convey,
without flooding or otherwise damaging existing or proposed structures, the
post -development peak stormwater discharge for the 25-year storm event. All
newly constructed downstream drainage ways and/or conveyance facilities shall
have sufficient capacity to convey the post -development peak stormwater
discharge for the 100-year storm event. Downstream improvements or
additional on -site stormwater quantity control measures shall be provided to
eliminate any potential downstream flooding or other damage that may occur
following completion of the proposed development. The Director has the
authority to waive the requirement for downstream improvements.
(4) Drainage through closed conveyance structures such as pipes shall not
discharge directly onto the surface of a public road.
(5) Easements, Tracts, and Covenants.
(a) Drainage easements shall be provided in a proposed development for all
stormwater conveyance systems that are not located in public rights -of -way or
tracts. Said drainage easements shall be granted to the parties responsible for
providing ongoing maintenance of the systems.
(b) Stormwater facilities that are to be maintained by the city, together with
maintenance access roads to said facilities, shall be located in public right-of-
way, separate tracts dedicated to the city, or drainage easements located in
designated open space. The exception is for stormwater conveyance pipes that
may be located within easements on private property; provided, that all catch
basins can be accessed without entering private property.
(c) All runoff from impervious surfaces, roof drains, and yard drains shall be
directed sous not to adversely affect adjacent properties. Wording to this effect
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shall appear on the face of all final plats/PUDs, and shall be contained in any
covenants required for a development.
15.32.210 Stormwater drainage —Standards —Wetlands.
The following requirements apply only to situations where stormwater
discharges directly or indirectly into a wetland and must be met in addition to
meeting the requirements of Volume V and Volume I Appendix 1-D:
(1) Stormwater discharges to wetlands must be controlled and treated to the
same extent as all other discharges, with the goal of meeting state water quality
and ground water quality standards.
(2) Discharges to wetlands shall maintain the hydroperiod and flows of
predevelopment site conditions to the extent necessary to protect the
characteristic functions 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 stormwater.
(4) In order for constructed wetlands to be considered treatment systems, they
must be constructed in areas which are not designated as wetland or wetland
buffer or in other areas which are in conflict with designated critical areas and
associated buffers, and they must be managed for stormwater treatment. If
these systems are not managed and maintained in accordance with the manual
for a period exceeding three years, these systems may no longer be considered
constructed wetlands.
(5) Wetland BMPs shall not be built within a natural vegetated buffer, except for
necessary conveyance systems as approved by the department of public works.
15.32.220 Stormwater drainage —Standards —Regional facilities.
When the Director has determined that the public would benefit by the
establishment of a regional stormwater facility which would serve as an
alternative to the construction of separate on -site drainage facilities, the director
may recommend to the city council that a regional stormwater facility be
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constructed which would serve more than one development in providing
stormwater quantity and/or quality control. The associated owner(s) shall meet
currently adopted stormwater regulations at the time of development. In the
event that a regional stormwater facility is required by the city council, such a
regional stormwater facility shall be located outside of fish -bearing streams,
unless otherwise accepted by the Washington State Department of Fish and
Wildlife. All future developments constructed on lands designated by the city
council to be served by the regional facility shall, at the time of issuance of a
stormwater management permit for a development, be required to contribute a
fair share to the cost of land purchase, design, and construction of said regional
facility. In the event that a proposed regional stormwater facility is not yet in
operation at the time of completion of construction of a development that is to
be served by said regional facility, the applicant for said development shall be
required to provide temporary stormwater quantity and quality controls.
Temporary quantity and quality controls may be constructed in temporary
easements, rather than in separate tracts.
15.32.230 Stormwater drainage —Standards —Basin planning.
An adopted and implemented basin plan may be used to develop requirements
for source control, stormwater treatment, streambank erosion control,
wetlands, and water quality sensitive areas that are tailored to a specific basin.
Adopted and implemented watershed -based basin plans may be used to modify
any or all of the minimum requirements for stormwater quantity or quality
control addressed in this chapter; provided, that the level of protection for
surface or ground water achieved by the basin plan will equal or exceed that
which would otherwise be achieved by implementation of the provisions of this
chapter 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 the city.
15.32.240 Stormwater drainage —Standards —Exemptions.
Residential lots one acre or larger shall be exempt from the provisions of POMC
15.32.170 through 15.32.230, or as otherwise determined by the Director. Cases
where this exemption does not apply include, but are not limited to, sites within
or adjacent to critical areas or watersheds, steep or unstable slopes, or where
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the cumulative impacts of development warrant compliance with these
provisions. Site development activities taking place on individual lots of one acre
or larger, which meet the definition of a major development, are not exempt
from the requirements of POMC 15.32.160. Proposed access roadways serving
residential lots larger than two and one-half acres, which meet the definition of a
major development, are not exempt from the requirements of POMC 15.32.170.
15.32.250 Stormwater drainage —Facilities —Covenants, sureties, and liability
insurance.
(1) Site Stabilization Surety.
(a) Prior to the issuance of a stormwater drainage permit and prior to beginning
any construction activity on a project site, the owner of the project will be
required to record a performance covenant or post a performance surety for site
stabilization and erosion and sedimentation control. In addition, the owner may
be required to provide a certificate of commercial liability insurance as outlined
in subsection (5) of this section.
(b) This performance requirement for stabilization and erosion control should
not be confused with the performance bond accepted at the time of final plat
recording as a surety for construction items not yet completed. When a
performance bond is accepted for a final plat in lieu of construction completion,
the surety or covenant for stabilization and erosion control will be released, and
the new performance bond shall cover site stabilization and erosion control
along with the other incomplete construction items.
(2) Performance Covenant for Site Stabilization. For project sites with less than
five (5) acres of land disturbing activity, a performance covenant may be
recorded in lieu of performance surety for site stabilization prior to issuance of
the stormwater drainage permit to guarantee the city that temporary erosion
and sedimentation control and permanent site stabilization measures will
perform in accordance with this chapter. This covenant shall be recorded with
the Kitsap County auditor and shall run with the land until such a time as the city
issues final acceptance of the permitted activities, or until a separate
performance bond is posted prior to final plat approval. Upon issuance of final
project approval, the department of public works will record a document that
extinguishes the performance covenant.
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(3) Performance Surety for Site Stabilization.
(a) The term "bond" as defined in this chapter shall mean a surety bond,
assignment of funds, or irrevocable bank letter of credit. For project sites with
five (5) or more acres of land disturbing activity, a performance bond shall be
posted prior to issuance of a stormwater drainage permit to guarantee the city
that temporary erosion and sedimentation control and permanent site
stabilization measures will perform in accordance with this chapter. The amount
of the performance bond shall be as follows:
i. One hundred fifty percent of the estimated cost of performing minor grading
and installing temporary erosion and sedimentation control, and permanent site
stabilization measures to bring the construction site into compliance with this
chapter. A cost estimate shall be submitted by the project engineer subject to
the approval of the Director. The minimum amount of the bond shall be $5,000;
or
ii. One thousand dollars per acre of land disturbing activity. No engineer's
estimate is required.
(b) If the site work is determined by the Director to be in violation of this
chapter, the city may use the performance bond to provide temporary and
permanent site stabilization.
(c) All performance bonds shall run continuously until released by the city, and
shall not be subject to an expiration or cancellation date.
(4) Performance Bond for Uncompleted Site Improvements.
(a) For single-family residential developments, a performance bond shall be
provided prior to the final recording of the plat/PUD, guaranteeing completion of
all site improvements not yet completed. The amount of the performance bond
shall be 150 percent of the estimated cost of said improvements. The estimated
cost of the construction shall be determined by a civil engineer subject to the
approval of the director.
(b) All performance bonds shall run continuously until released by the city, and
shall not be subject to an expiration or cancellation date.
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(5) Commercial Liability Insurance. The owner of any project must provide a
certificate of liability insurance to the department of public works prior to
issuance of a stormwater drainage permit. The liability insurance shall remain in
force until final project approval is issued by the city. The commercial liability
insurance shall be in the amount of not less than $1,000,000 combined single
limit bodily injury and property damage, with a $2,000,000 aggregate. Such
insurance shall include the City of Port Orchard, its officers, and employees as
additional insureds, with respect to the terms and conditions of the policy.
(6) Maintenance Bonds. A maintenance bond is required for all subdivisions and
commercial projects for which stormwater facilities and/or roads are required
pursuant to the following:
(a) Prior to the final approval of construction and release of any performance
sureties, a maintenance bond must be posted and maintained by the project
owner for a period of two (2) years.
(b) The maintenance bond shall guarantee the stormwater facilities and roads
constructed under permit against design defects and/or failures in workmanship
and shall guarantee that the facilities constructed under the permit will be
regularly and adequately maintained throughout the maintenance period. At the
end of this time, the city will inspect the system and, when the facility is
acceptable and 80 percent of the lots in that phase have been improved, the city
will release the maintenance bond. In the event that 80 percent of the lots in a
residential development have not been improved by the end of the two-year
maintenance period, the maintenance bond may be extended, subject to the
approval of the Director, for one (1) additional year.
(c) The amount of the maintenance bond shall be ten (10) percent of the
estimated construction cost of the stormwater facilities and roads requiring
maintenance, or $5,000, whichever is greater. The construction cost of the
stormwater facilities requiring maintenance shall be estimated by the project
engineer, subject to the approval of the Director.
15.32.260 Stormwater drainage —Facilities —Operation and maintenance.
(1) Maintenance of Stormwater Facilities by Owners.
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(a) Any person or persons holding title to a nonresidential property for which
stormwater facilities and BMPs have been required by the city shall be
responsible for the continual operation, maintenance, and repair of said
stormwater facilities and BMPs in accordance with the provisions of this chapter.
(b) For privately maintained stormwater facilities, the maintenance
requirements specified in this chapter, including the Stormwater Manuals, shall
be enforced against the owner(s) of the subject property served by the
stormwater facility.
(2) Maintenance Covenant Required for Privately Maintained Drainage Facilities.
(a) Prior to the beneficial use of a development constructed under a city permit,
the owner shall record a maintenance covenant that guarantees Port Orchard
that the owner shall properly operate, maintain, and inspect the stormwater
facilities, and that also gives the city the authority to enter and inspect the
facility. The restrictions set forth in such covenant shall be included in any
instrument of conveyance of the subject property and shall be recorded with the
Kitsap County auditor.
(b) The Director may require the owners of existing stormwater facilities for
which the city has not previously accepted operation and maintenance
responsibility to record a maintenance covenant, or to request that the city
accept operation and maintenance responsibility for the stormwater facilities
subject to the requirements of this chapter.
(c) Maintenance covenants shall remain in force for the life of the development,
or until the responsibility for the operation and maintenance of the subject
stormwater facilities is accepted by the city.
(3) City Acceptance of New Stormwater Facilities. The city may accept for
maintenance those new residential stormwater facilities constructed under an
accepted stormwater drainage permit that meet the following conditions:
(a) Improvements in residential plats/PRDs have been completed on at least 80
percent of the lots, unless waived by the Director;
(b) All drainage facilities have been inspected and accepted by the Director and
said drainage facilities have been in satisfactory operation for at least two (2)
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years;
(c) All drainage facilities reconstructed during the maintenance period have
been accepted by the Director;
(d) The stormwater facility, as designed and constructed, conforms to the
provisions of this chapter;
(e) All easements required under this chapter, entitling the city to properly
operate and maintain the subject drainage facility, have been conveyed to the
city and have been recorded with the Kitsap County auditor;
(f) For nonstandard drainage facilities, an operation and maintenance manual,
including a maintenance schedule, has been submitted to and accepted by the
city; and
(g) A complete and accurate set of reproducible Mylar as -built drawings and a
CD containing an acceptable electronic set of as -built drawings have been
provided to the city. A professional engineer shall certify that both the vertical
and horizontal alignment meet the design objectives.
(h) The Director may terminate the city's assumption of maintenance
responsibilities under this section in writing after determining that continued
maintenance will not significantly contribute to protecting or improving the
health, safety and welfare of the community.
(4) City Acceptance of Existing Stormwater Facilities. The city may accept for
maintenance those stormwater facilities for residential developments existing
prior to the effective date of the ordinance codified in this chapter that meet the
following conditions:
(a) Improvements in residential plats/PRDs have been completed on at least 80
percent of the lots; and
(b) An inspection by the Director has determined that the stormwater facilities
are functioning as designed; and
(c) The stormwater facilities have had at least two (2) years of satisfactory
operation and maintenance, unless otherwise waived by the Director; and
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(d) The person or persons holding title to the properties served by the
stormwater facilities submit a petition containing the signatures of the title
holders of more than fifty (50) percent of the lots served by the stormwater
facilities requesting that the city maintain the stormwater facilities; and
(e) All easements required under this chapter, entitling the city to properly
operate and maintain the subject stormwater facilities, have been conveyed to
the city and have been recorded with the Kitsap County auditor; and
(f) The person or persons holding title to the properties served by the
stormwater facilities show proof of the correction of any defects in the drainage
facilities, as required by the Director.
(g) The Director may terminate the city's assumption of maintenance
responsibilities under this section in writing after determining that continued
maintenance will not significantly contribute to protecting or improving the
health, safety and welfare of the community.
(5) Inspections of Privately Owned and Maintained Stormwater Facilities.
(a) TPrivately owned facilities require annual inspections. These inspections
must be conducted by a qualified third party inspector. Private facility owners
may be granted a variance by the Director to reduce their inspection frequency
based upon maintenance records of double the length of time of the owner's
proposed inspection frequency. The purpose of this inspection program shall be
to determine if said stormwater facilities, conveyance structures, and water
quality facilities are in good working order and are properly maintained and to
ensure that stormwater quality BMPs are in place and that nonpoint source
pollution control is being implemented.
(b) Whenever the provisions of the inspection program are being implemented,
or whenever there is cause to believe that a violation of this chapter has been or
is being committed, the city inspector is authorized to inspect during regular
working hours and at other reasonable times any and all stormwater drainage
facilities within the city to determine compliance with the provisions of this
chapter.
15.32.270 Stormwater drainage —Enforcement.
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(1) Failure to Comply. It is unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter.
(2) Emergency Access and Reparation. In the event the violation constitutes an
immediate danger to public health or safety, the Director is authorized to enter
upon the subject private property, without giving prior notice, to take any and all
measures necessary to abate the violation and/or restore the property. Any
expense related to such remediation undertaken by the city shall be fully
reimbursed by the property owner and/or responsible party. Any relief obtained
under this section shall not prevent the city from seeking further relief or
applying other penalties as provided in this chapter.
(3) Civil Infraction. Except as provided in subsection (4) of this section, conduct
made unlawful by this chapter shall constitute a civil infraction and is subject to
enforcement and fines as provided in Chapter 2.64 POMC. A civil infraction
under this section shall be processed in the manner set forth in Chapter 2.64.
POMC.
(4) Misdemeanor. Any person who again violates this chapter within twelve (12)
months after having been found to be in violation of this chapter commits a
misdemeanor.
(5) Civil Penalty. In addition to any civil infraction fine, criminal penalty, and/or
other available sanction or remedial procedure, any person engaging in conduct
made unlawful by this chapter shall be subject to a cumulative civil penalty in the
amount of $1,000 per day for each violation from the date set for compliance
until the date of compliance. Any such civil penalty shall be collected in
accordance with Chapter 2.64 POMC.
(6) Additional Remedies. In addition to any other remedy provided by this
chapter or under the Port Orchard Municipal Code, the city may initiate
injunction or abatement proceedings or any other appropriate action in courts
against any person who violates or fails to comply with any provision of this
chapter to prevent, enjoin, abate, and/or terminate violations of this chapter
and/or to restore a condition which existed prior to the violation. In any such
proceeding, the person violating and/or failing to comply with any provisions of
this chapter shall be liable for the costs and reasonable attorneys' fees incurred
by the city in bringing, maintaining and/or prosecuting such action.
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(7) Violation of Additional Laws. Any person who violates any provision of this
chapter may also be in violation of the Federal Clean Water Act, NPDES Phase II
permit, and/or Chapter 90.48 RCW and may be subject to sanctions associated
with each, including civil and criminal penalties. Any enforcement action
authorized under this chapter shall also include written notice to the violator of
such potential liability.
SECTION 3. A new Chapter 15.34 is hereby added to Title 15 of the Port Orchard
Municipal Code, to read as follows:
CHAPTER 15.34 LAND DISTURBING ACTIVITY
15.34.010 Land disturbing activity —Purpose and objectives.
15.34.020 Land disturbing activity —Definitions.
15.34.030 Land disturbing activity —Applicability; additional regulations.
15.34.040 Land disturbing activity —Permits —Decision type.
15.34.050 Land disturbing activity —Administration.
15.34.060 Land disturbing activity —Permit —Form; exemptions.
15.34.070 Land disturbing activity—Permit—Stormwater drainage permit required;
exemptions.
15.34.080 Land disturbing activity —Permit —Submittal requirements.
15.34.090 Land disturbing activity —Permit —Issuance; expiration.
15.34.100 Land disturbing activity —Permit —Final approval.
15.34.110 Land disturbing activity —Standards —Generally.
15.34.120 Land disturbing activity —Standards —Timing of work.
15.34.130 Land disturbing activity —Standards —Drainage.
15.34.140 Land disturbing activity —Standards —Grading.
15.34.150 Land disturbing activity —Standards —Erosion control.
15.34.160 Land disturbing activity —Standards —Hazards.
15.34.170 Land disturbing activity —Maintenance.
15.34.180 Land disturbing activity —Enforcement, violations, and penalties.
15.34.010 Land disturbing activity —Purpose and objectives.
(1) This chapter is intended to regulate clearing, grading, and earthwork construction, including
cuts and fills, within the City of Port Orchard, to protect public health, safety, welfare, and
aesthetics by:
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(a) Preventing damage to property and harm to persons caused by excavations and fills;
(b) Minimizing adverse stormwater impacts generated by the removal of vegetation and
alteration of landforms;
(c) Protecting water quality from the adverse impacts associated with erosion and
sedimentation;
(d) Minimizing the height, steepness, and number of graded slopes;
(e) Minimizing the amount of grading after a property is developed and prepared for
building construction;
(f) Minimizing the height and number of rock and retaining walls;
(g) Protecting critical areas and associated buffers from adverse clearing and grading
activities;
(h) Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of
vegetation;
(i) Establishing minimum access requirements to and around buildings for safety, security,
maintenance, and general use and enjoyment of property;
(j) Establishing administrative procedures for the issuance of permits, approval of plans,
and inspection of clearing and grading operations; and
(k) Providing enforcement and penalties for the violation of this chapter.
15.34.020 Land disturbing activity —Definitions.
Unless otherwise specifically defined in this chapter, the definitions provided in Chapter
15.32 POMC, Stormwater Management, shall apply to this chapter.
15.34.030 Land disturbing activity —Applicability; additional regulations.
(1) The provisions of this chapter shall apply to all land disturbing activity, as defined in this
chapter, in the City of Port Orchard.
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(2) The requirements of this chapter are in addition to other City codes, standards, and
regulations. Where conflicts exist between the provisions of this chapter and other codes
and standards, the most restrictive shall apply.
(3) The applicant shall comply with this chapter and the City of Port Orchard Design and
Construction Standards; Appendix J of the International Building Code, as adopted in
Chapter 15.04 POMC; Chapter 15.32 POMC, Stormwater Drainage; and all equivalent
standards approved by the Director.
(4) Requirements administered by other state and local agencies may also apply to clearing and
grading activity. The responsibility for determining the existence and application of other
agency requirements rests solely with the applicant.
15.34.040 Land disturbing activity —Permits —Decision type.
A land disturbing activity permit is an administrative decision of the Director, which may
be appealed to city's hearing examiner as a closed record appeal. The decision of the
hearing examiner on appeal shall be final.
15.34.050 Land disturbing activity —Administration.
(1) The Director shall have the authority to develop and implement procedures to administer
and enforce this chapter.
(2) A land disturbing activity permit may be issued as a component of a building permit, or
other permit, rather than as a separate permit. The Director may require that single-family
building permits and land disturbing activity permits be combined.
(3) As a condition of any permit issued for activity covered by this chapter, the property owner
shall be required to consent to entry upon the land by the Director or his/her designee at all
reasonable times to inspect the same or to perform any duty imposed upon the Director by
this chapter. If the land is occupied, the Director shall first present proper credentials and
request entry. If the land is unoccupied, a reasonable effort shall be made to locate the
owner or other persons at the site who are in apparent charge or control of the land and
demand entry. If no person is located, the Director may enter said property and shall, with
due diligence, make attempts to notify the owner, occupant, or other person having charge
within a reasonable amount of time of the entry.
15.34.060 Land disturbing activity —Permit —Form; exemptions.
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(1) Permit required. A land disturbing activity permit is required to be submitted for all land
disturbing activity and must be obtained prior to the commencement of any land disturbing
activity unless the activity is exempted in this section. A land disturbing activity permit shall
be required regardless of any other permits issued by any other department or
governmental agency who may be interested in certain aspects of the proposed work.
(2) Permit form. Applications shall be on forms prescribed by the Director and shall include
such information as deemed necessary by the Director to establish compliance with this
chapter.
(3) Permit exemptions. If a person or entity determines that a proposed land disturbing activity
is exempt from obtaining a land disturbing activity permit under this chapter, the person or
entity may consult with the department to confirm the determination or to ensure
compliance with other applicable requirements of this code. A consultation may be
requested in the form of a pre -application meeting.
(4) Permit fee. Application fees shall be collected pursuant to the city's current fee schedule to
compensate the Department for the investigation, permit administration, plan review, and
ongoing monitoring/inspection of all land disturbing activity permit applications. In
Additional review fees required under this code may be applicable to individual land
disturbing activity permit applications, including, but not limited to, shoreline management,
SEPA, and critical areas review fees.
(5) Increased fee for work without a permit. Whenever any work for which a land disturbing
activity permit is required by this chapter has been commenced without first obtaining a
valid permit, the City may double the land disturbing activity application fee. This fee
increase may be imposed in addition to any other enforcement procedures pursuant to this
chapter.
(6) Any rockery or other retaining structure greater than four (4) feet in height shall be
permitted under a separate building permit.
15.34.070 Land disturbing activity—Permit—Stormwater drainage permit required;
exemptions.
(1) Stormwater drainage permit required. Except as specifically exempt herein, the issuance of
a stormwater drainage permit pursuant to chapter 15.32 POMC shall be required for all
activities requiring a land disturbing activity permit under this chapter.
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(2) Exemptions. The following land disturbing activities do not require the issuance of a
stormwater drainage permit; provided, that an exemption from issuance of a stormwater
drainage permit under this section does not constitute an exemption from the other
requirements of this chapter or chapter 15.32 POMC:
(a) Excavation for utilities, or for wells or tunnels, under a separate permit.
(b) An excavation below finished grade for basements and footings of a building, retaining
wall, or other structure authorized by a valid building permit. This shall not exempt the
placement of any fill material removed from such an excavation and shall not exempt
any excavation beyond the limits of the basement or footing excavations nor exempt
excavations having an unsupported height greater than five (5) feet after the
completion of such a structure.
(c) Agricultural crop management outside of critical drainage areas limited to the
preparation of soil by turning, discing, or other means endorsed by the Kitsap
conservation district.
(d) Excavation for cemetery graves.
(e) Landscape installation where fill is confined to less than one (1) foot of topsoil and land
disturbing activities are limited to less than one (1) acre.
(f) The disposal of solid waste, wood waste, problem waste, and demolition waste
authorized pursuant to Chapter 70.95 RCW, and regulations presently enacted or as
may be amended or as specifically approved by the Bremerton-Kitsap County health
district.
(g) Mining, quarrying, excavating, processing, and/or stockpiling of rock, sand, gravel,
aggregate, or clay where established and provided by law and a permit for said activity
has been issued by the state of Washington or the federal government, provided such
operations do not affect the lateral support or increase the stresses in or pressure upon
any adjacent or contiguous land.
(h) Exploratory excavations under the direction of a qualified civil engineer.
(i) Grading activities already approved by separate permit granted by any governing
authority.
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(j) Emergency sandbagging, diking, ditching, filling, or similar work during or after periods
of extreme weather conditions when done to protect life or property.
(k) Maintenance activities within public rights -of -way performed by city personnel.
15.34.080 Land disturbing activity —Permit —Submittal requirements.
(1) General requirements. Each application for a land disturbing activity permit shall be
accompanied by plans and specifications and other supporting data, as applicable. The plans
and specifications shall be prepared and signed by a civil engineer registered to practice in
the State of Washington. Plans and specifications for single-family residential construction
shall not require preparation by a licensed engineer unless deemed necessary by the City
Engineer.
(2) Soils Report. A soils report shall be prepared by a licensed soils or geotechnical engineer
and shall cover all portions of the project within the engineer's expertise, including site
history; geologic structures; surface conditions; subsurface conditions; recommendations
for foundation support, site preparation, structural fill, slope stability, and mitigation;
design parameters for retaining structures and structure backfill, surface and subsurface
drainage, dewatering, excavation conditions, and hazards; seismic conditions, erosion, and
sedimentation hazards and controls; use of on -site materials for structural fill and backfill;
and pavement design. The soils or geotechnical engineer shall be retained as the engineer -
of -record for the duration of the project.
(3) Grading Plan. Land disturbing activities that include grading and that meet the definition of
a major development shall be required to have an approved engineered grading plan.
(4) Abbreviated Grading Plan. Land disturbing activities that include grading and that meet the
definition of a minor development will require an approved abbreviated grading plan in lieu
of an engineered grading plan. An abbreviated grading plan is a grading plan that does not
require the seal of a professional civil engineer.
(5) Erosion and Sedimentation Control. The grading plan shall include a temporary erosion and
sedimentation control plan. The plan shall clearly indicate the construction sequence for
establishment of all erosion and sedimentation control work, both temporary and
permanent. The plan shall conform to all requirements and standards for erosion and
sedimentation control set forth in this chapter.
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(6) Critical Areas. If the land disturbing activity is proposed to take place in or adjacent to a
critical area as regulated in Title 18 POMC, additional information as required by that title
shall be submitted with the application.
15.34.090 land disturbing activity —Permit —Issuance; expiration.
(1) Issuance.
(a) After an application has been filed and reviewed, the Director shall determine that the
land disturbing activity complies with the other provisions of this chapter, chapter 15.32
POMC, and all other applicable provisions of this code or request that the application be
corrected or amended to comply with the same.
(b) No land disturbing activity permit shall be issued until approved by any and all federal,
state, and local agencies having jurisdiction, by laws or regulations, pertaining to the
proposed work.
(c) Upon approval of the application and issuance of the land disturbing activity permit, no
work shall be done that is not provided for in the permit.
(2) Mitigation. In issuing a land disturbing activity permit, the Director may require measures to
mitigate the impacts of the land disturbing activity.
(3) Inactivity. An application for a land disturbing activity permit may be canceled for inactivity
if an applicant fails, without reasonable justification, to respond to the Director's written
request for revisions or corrections within sixty (60) days of receipt of such request. The
Director may extend the response period beyond sixty (60) days if the applicant provides
and adheres to a reasonable schedule for submitting the full revisions.
(4) Permit expiration. Land disturbing activity permits expire as follows:
(a) If a building permit is issued for the same site, the land disturbing activity permit shall
automatically expire or be extended when the building permit expires or is extended; or
(b) If a building permit is not issued for the same site, the land disturbing activity permit
shall expire if the authorized work has not begun within 180 days from the date of
permit issuance, or if work is abandoned for over sixty (60) consecutive days, unless an
extension has been granted. The applicant shall be responsible for notifying the
Director, in writing, if delays or unforeseen circumstances are impacting the start or
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continuation of the work. If the authorized work is continually performed, the permit
shall expire one (1) year from the date of issuance, unless a different time frame is
specified on the permit or an extension is granted.
(5) Permit extensions. Up to two one-year extensions may be granted by the Director;
provided, that conditions which were relevant to issuance of the permit have not changed
substantially and no material detriment to the public welfare will result from the extension.
The applicant shall be responsible for notifying the Director, in writing, if delays or
unforeseen circumstances are impacting the completion of the work. An extension may be
granted by the Director, provided the applicant provides the following:
(a) A written request and applicable fee. The request should be submitted no later than
sixty (60) days prior to expiration of the permit; and
(b) The applicant's project engineer submits a signed statement certifying that they have
reviewed the current physical conditions of the site and such conditions have not
changed to a degree as to require a revision to the design of the site in order to remain
consistent with the applicable standards and requirements which were in effect at the
time of the original land disturbing activity permit approval and the associated land use
approval (if any).
(6) Failure to pick up permit. When a land disturbing activity permit is ready to be issued, the
applicant shall be notified and must pick up the permit within sixty (60) days of notification.
If the permit is not picked up within sixty (60) days of notification, it may be canceled by the
Director and become null and void. If the permit is canceled, the Director shall notify the
applicant by mail.
15.34.100 Land disturbing activity —Permit —Final approval.
(1) The Director shall give final approval to the land disturbing operations once all the work is
completed per the permit. The following must be completed, as a minimum, prior to final
approval:
(a) All land disturbing activity must be complete;
(b) The site shall be permanently stabilized, temporary erosion control measures removed,
and storm drainage control facilities constructed and operational;
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(c) The site shall be in a neat and orderly manner, free from junk, trash, debris, equipment,
stockpiles and other construction materials;
(d) All required reports, certification letters, as -built drawings, and other documents shall
be submitted and approved by the City;
(e) The site shall be free of hazards; and
(f) All disputes regarding property damage caused by the clearing and grading operations
shall be resolved to the satisfaction of the Director.
(2) The Director shall not issue final approval for any development proposal or issue a
certificate of occupancy or final building inspection for property that has not received final
approval for the land disturbing activity operations.
(3) Final Reports. Upon completion of the land disturbing activity, the professionals having
conducted inspections in their respective areas shall submit, in a form acceptable to the
Director, final reports certifying that all portions of the project pertaining to their area of
expertise have been constructed in accordance with the approved plans and specifications.
The reports shall identify problems encountered, field changes, methods or designs utilized
to correct deficiencies, and other information deemed necessary by the Director.
(a) Geotechnical Engineer. For clearing and grading activities, the geotechnical engineer
shall submit a final soil grading report prepared by the geotechnical engineer, including
locations and elevations of field density tests, summaries of field and laboratory tests,
final description of the geology of the site including any new information disclosed
during the grading and the effect of same, and other substantiating data and comments
on any changes made during grading and their effect on the recommendation made in
the approved geotechnical report. The geotechnical engineer shall provide certification
as to the adequacy of the site for the intended use as affected by soil and geologic
factors.
(b) Civil Engineer. For clearing and grading activities, a civil engineer shall submit an as -built
grading plan, including original ground surface elevations, as -graded ground surface
elevations, lot drainage patterns, and locations and elevations of all surface and
subsurface drainage facilities. The civil engineer shall provide certification that the work
was done in accordance with the final approved grading plan. Upon completion of the
work, a reproducible as -built drawing, stamped by the civil engineer of record, of the
storage, conveyance, and discharge elements of the detention system and the newly
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constructed downstream components of the storm drainage system shall be required.
The Director may require additional information in respect to any significant deviations
from the approved plans, specifications, or reports.
(c) Special Inspectors. Special inspectors, if any, shall submit final reports describing original
and final conditions, changes, and methods utilized to correct deficiencies or mitigate
specific conditions.
15.34.110 Land disturbing activity —Standards —Generally.
(1) This chapter sets forth minimum standards which shall apply to land disturbing activities as
defined in chapter 15.32 POMC. For circumstances not specifically addressed in this chapter
or the Stormwater Design Manual, the provisions of the Uniform Building Code shall apply.
(2) All land disturbing activities within the City, regardless of whether a permit is required, shall
meet the performance and restoration standards and requirements of this chapter and shall
include the use of low impact development best management practices pursuant to chapter
15.32 POMC to reduce erosion and protect water and air quality.
(3) All land disturbing activities within critical areas and their associated buffers shall conform
to the applicable provisions of this chapter and Title 18 POMC. The applicant shall be
responsible for obtaining and coordinating all required state or federal permits associated
with the filling of wetlands or other regulated activities.
15.34.120 Land disturbing activity —Standards —Timing of work.
All work permitted under this chapter shall proceed continuously to completion in an
expeditious manner unless otherwise authorized by the Director, with the intent that
work may be halted due to weather conditions or the need to coordinate other
construction on the project site. Stormwater management permits, issued for grading
only, shall be administered in accordance with chapter 15.32 POMC.
15.34.130 Land disturbing activity —Standards —Drainage.
(1) All land disturbing activities shall conform to the requirements of this chapter concerning
stormwater management.
(2) Where required by the Director, all discharge of runoff from the project site shall be of like
quality, flow rate, and velocity as that which flowed from the project site prior to the work
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for which the stormwater management permit has been issued.
(3) Stormwater flows shall be accepted onto, and shall be discharged from, a project site at the
natural or otherwise legally existing locations.
15.34.140 Land disturbing activity —Standards —Grading.
(1) The maximum surface gradient on any artificially created slope shall be two feet of
horizontal run to one foot of vertical fall. This gradient may be increased to that gradient
which can be demonstrated through engineering calculations to be stable, if, in the opinion
of the director, it has been demonstrated by the applicant through engineering calculations
performed by a qualified professional engineer that surface erosion can be controlled to
that erosion rate equal to a properly stabilized two to one slope under the same conditions.
(2) The applicant shall, at all times, protect adjacent private properties and public rights -of -way
or easements from damage occurring during grading operations. The applicant shall restore
public improvements damaged by his/her operations.
15.34.150 Land disturbing activity —Standards —Erosion control.
(1) Minor Developments. All minor developments, as defined in chapter 15.32.POMC, shall be
required to control erosion and sedimentation during construction, to permanently stabilize
soil exposed during construction, and to comply with the minor development requirements
described in this section.
(2) Minor Development Requirements.
(a) 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.
(b) Stabilization of Denuded Area. All exposed and unworked soils not actively being
worked shall be stabilized by suitable application of BMPs. From September 15th
through April 30th, soils not actively being worked shall remain unstabilized for no more
than 48 hours. From May 1st through September 14th, the owner or contractor shall
have the materials readily available to stabilize denuded areas as site and weather
conditions dictate. Prior to leaving the site, stormwater runoff shall pass through a
sediment pond, sediment trap, or other appropriate BMP.
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(c) 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.
(d) Maintenance. All erosion and sediment control BMPs shall be regularly inspected and
maintained to ensure continued performance of their intended function.
(e) Other BMPs. Any adverse effects of increased runoff resulting from land disturbing
and/or land development activities shall be controlled by appropriate BMPs.
(3) Major Developments. Any new development meeting the definition of a major
development in chapter 15.32 POMC shall comply with subsection (4) of this section. For
any redevelopment project meeting the definition of a major development, those portions
of the site that are being redeveloped shall comply with subsection (4) of this section.
(4) Major Development Erosion and Sedimentation Control Minimum Requirements.
(a) Erosion and Sedimentation Control Plan Required. Compliance with the erosion and
sedimentation control requirements of this section shall be demonstrated through the
implementation of an approved erosion and sedimentation control plan.
(b) Stabilization and Sediment Trapping. All exposed soils shall be stabilized by suitable
application of BMPs, including but not limited to sod or other vegetation, mat covering,
mulching, or application of compacted ground base material on areas to be paved. All
BMPs shall be selected, designed and maintained in accordance with the manual. From
September 15th through April 30th, soils not actively being worked for more than 48
hours shall be protected or stabilized. From May 1st through September 14th, soils not
actively being worked for more than seven days shall be protected and stabilized by the
owner or contractor.
(c) Delineate Clearing and Easement Limits. Clearing limits and/or any easements, setbacks,
sensitive/critical areas and their buffers and drainage courses shall be clearly marked in
the field, and on the construction plans.
(d) 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.
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(e) 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. These BMPs shall be functional before land
disturbing activities take place. Earthen structures such as dams, dikes, and diversions
shall be stabilized according to the timing indicated in the erosion and sedimentation
control requirement in subsection (4)(a) of this section.
(f) 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 the
erosion and sedimentation control requirement in subsection (4)(a) of this section.
(g) Controlling Off -Site Erosion. Properties and waterways downstream from development
sites shall be protected from erosion due to increases in the velocity of stormwater
runoff from the development site.
(h) 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 flow velocity from a two-year/24-hour duration storm for the post -
development condition. Stabilization adequate to prevent erosion of outlets, adjacent
streambanks, and slopes shall be provided at the outlets of all conveyance systems.
(i) Inlet Protection. All storm drain inlets made operable during construction shall be
protected so that stormwater runoff does not enter the conveyance system without first
being filtered or otherwise treated to remove sediment. The requirement for inlet
protection may be waived on a site -specific basis when the conveyance system
downstream of the inlet discharges to an appropriate sediment containment BMP and
the conveyance system can be adequately cleaned following site stabilization.
(j) Underground Utility Construction. The construction of underground utility lines shall be
subject to the following criteria:
(i) For trenches on a downslope of more than five percent, no more than 500 feet of
trench shall be opened at one time, unless otherwise approved by the director.
(ii) Where consistent with safety and space considerations, excavated material shall be
placed on the uphill side of trenches.
(iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond.
(k) Constructed Access Routes. Wherever construction vehicle access routes intersect
paved roads, provisions must be made to minimize the transport of sediment (mud)
Ordinance No. 044-16
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onto the paved road by use of appropriate BMPs such as a stabilized construction
entrance. If sediment is transported onto a road surface, the roads shall be cleaned
thoroughly, as a minimum, 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.
(1) Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap
or sediment pond.
(m) Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other
than sediment that occur on -site during construction shall be handled and legally
disposed of in a manner that does not cause contamination of stormwater.
(n) Maintenance. All temporary and permanent erosion and sedimentation 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
the manual. The applicant shall be responsible for assuring that any such facilities
damaged during floods, storms or other adverse weather conditions are immediately
returned to normal operating condition.
(o) Removal of Temporary BMPs. All temporary erosion and sedimentation control BMPs
shall be removed within 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 of temporary BMPs shall
be permanently stabilized. The removal of temporary erosion and sedimentation control
BMPs may not be required for those projects, such as single-family plats, that will be
followed by additional construction under a different permit. In these circumstances,
the need for removing or retaining the measures will be evaluated on a site -specific
basis.
(p) Financial Liability. A performance covenant, performance bonding, or other appropriate
financial instruments, required by POMC 15.32, shall ensure compliance with the
approved erosion and sedimentation control plan.
(5) Erosion Control Design Storm Event. Facilities designed for the control of erosion and
sedimentation shall be designed for the erosion and sedimentation control design storm
event, defined as the six-month, 24-hour duration storm.
15.34.160 Land disturbing activity —Standards —Hazards.
Ordinance No. 044-16
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Whenever the Director determines that an existing excavation, embankment, or fill on
private property has become a hazard to public safety, endangers property, or adversely
affects the safety, use or stability of a public way, critical drainage area, or drainage
channel, such conditions shall become a violation of chapter 15.32 POMC.
15.34.170 Land disturbing activity —Maintenance.
It shall be the responsibility of the applicant to maintain all erosion control and drainage
facilities in good operating condition at all times, as required in this chapter and chapter
15.32 POMC.
15.34.180 Land disturbing activity —Enforcement, violations, and penalties.
(1) Permit Suspension/Revocation. The Director may suspend work or revoke a land
disturbing activity permit, as appropriate, whenever:
(a) The work is not authorized by a valid permit;
(b) The applicant requests such revocation or suspension;
(c) The work does not proceed in accordance with the plans, as approved, or is not in
compliance with the requirements of this chapter or other applicable City ordinances;
(d) Entry upon the property for the purposes of investigation or inspection has been
denied;
(e) The applicant has made a misrepresentation of a material fact in applying for such
permit;
(f) The progress of the work indicates that the plan is or will be inadequate to protect
the public, the adjoining property, the street, critical areas, the drainage system, or
other utilities, or the work endangers or will endanger the public, the adjoining
property, the street, protected areas, the drainage system or other utilities;
(g) The required project security has expired or been expended to the point that it no
longer provides assurance of completion of the project in compliance with the terms of
the permit; or
(h) The permit has not been acted upon or extended within the time allowed pursuant
to this chapter.
Ordinance No. 044-16
Page 68 of 69
(2) Except as otherwise provided in this chapter, any violation of any provision of this
chapter constitutes a civil code violation subject to and enforced pursuant to the
provisions of Chapter 2.64 POMC.
SECTION 3. Savings. The enactment of this ordinance shall not affect any application,
case, proceeding, appeal, or other matter currently pending administratively or judicially in any
court or in any way modify any right or liability, civil or criminal, which may be in existence on
the effective date of this ordinance.
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION S. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 6. Effective Date; Publication. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect as of 11:59 pm on December 31, 2016.
A summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 13th of December 2016.
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Brandy Rinearson, CIVIC, City Clerk
Robert Putaansuu, Mayor
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APPROVED AS TO FORM:
aron Cates, City Attorney
PUBLISHED: December 23, 2016
EFFECTIVE DATE: December 31, 2016
Sponsored by:
ek Ashby, Councilmemb
Ordinance No. 044-16
Page 69 of 69
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held December 13, 2016.
ORDINANCE NO.044-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTER 15.32 (STORMWATER DRAINAGE) AND
CHAPTER 15.34 (LAND DISTURBING ACTIVITY) TO COMPLY WITH THE
REQUIREMENTS OF THE WESTERN WASHINGTON PHASE II STORMWATER PERMIT
AND PROMOTE USE OF LOW IMPACT DEVELOPMENT TECHNIQUES; PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE
Copies of Ordinance No. 044-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 044-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 23`d, 2016