Loading...
1736 - Ordinance - Repealing Ordinance No. 1098 Adopting Development StandardsORDINANCE NO. 1736 AN ORDINANCE ADOPTING DEVELOPMENT STANDARDS RELATING TO STORMWATER MANAGEMENT, TO LAND CLEARING, AND TO GRADING, AND REPEALING CITY OF PORT ORCHARD ORDINANCE NUMBER 1098. WHEREAS, an expanding population and increased development of land, coupled with inadequate drainage controls, can lead to problems related to land clearing, grading, and stormwater runoff impacts; and WHEREAS, these problems contribute to increased sedimentation in ponds, creeks, and streams, and to water quality and fisheries habitat degradation, through excessive discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances to surface and groundwater; and WHEREAS, inadequate surface and subsurface drainage planning and practice can lead to erosion and property damage, and risk to life; and WHEREAS, excess water runoff on streets and highways poses a safety hazard to both lives and property; and WHEREAS, future problems could be reduced if land developments, both public and private, provide for adequate drainage of property, and adequate grading of slopes; and WHEREAS, a legal mechanism to enforce the provisions of adequate drainage facilities and adequate grading and land clearing practices in the development and use of property is necessary to ensure compliance with adopted standards; and WHEREAS, RCW 90.54.090 charges the state, local governments, and municipal and public corporations with carrying out the powers vested in them in manners which are consistent with the goals and provisions of the Clean Water Act, the Water Resources Act of 1971, and the Growth Management Act; and WHEREAS, the Puget Sound Water Quality Plan requires that municipalities in the Puget Sound Basin adopt stormwater management ordinances that are substantially equivalent to the "Stormwater Management Manual for the Puget Sound Basin" adopted by the Washington State Department of Ecology, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. General provisions (1) Declaration of Title — this ordinance shall be knows as the "Stormwater Management Ordinance". (2) Stormwater Management Standards and Specifications - The Port Orchard City Council recognizes that stormwater control technology is a developing and evolving science. In order to ensure that the latest and best technology is utilized in Port Orchard, Exhibit "A", attached hereto and incorporated herein by this reference is hereby adopted as the "Port Orchard Stormwater Design Manual". All references to this ordinance shall include the Port Orchard Stormwater Design Manual. The Director may amend the Port Orchard Stormwater Design Manual, with the approval of the Port Orchard City Council, as necessary to reflect changing conditions and technology. All requirements contained in the Port Orchard Stormwater Design Manual, together with any amendments thereto, must be complied with as provided in Section 1(6) (Applicability). Ordinance No. 1736 Page 2 of 32 (3) Technical Deviations - The Director may grant technical deviations from requirements contained in the Port Orchard Stormwater Design Manual, provided that all of the following criteria are met: (a) The technical deviation will not otherwise result in non-compliance with this ordinance. (b) The granting of the technical deviation will not result in non-compliance with the development conditions imposed upon the project by the City Council. (c) The granting of the technical deviation will produce a compensating or comparable result that is in the public interest. (d) The granting of the technical deviation will meet the objectives of safety, function, appearance, environmental protection, and maintainability based on sound engineering judgment. (4) Variances - The City Council may, at a public hearing, grant a variance from the provisions of this ordinance, provided that all of the following criteria are met: (a) The granting of the variance will produce a compensating or comparable result that is in the public interest. (b) The granting of the variance will meet the objectives of safety, function, appearance, environmental protection, and maintainability based on sound engineering judgment. (5) Water Quality - For circumstances or conditions related to water quality which are not specifically addressed within the scope of this ordinance, the most current edition of the Washington State Department of Ecology publication "Stormwater Management Manual for the Puget Sound Basin" is hereby adopted as the preferred reference for the design and implementation of stormwater management practices. (6) Applicability - The provisions of this ordinance shall apply to all site development activities requiring land use permits and approvals as defined in Section 2 herein, both public and private, within the bounds of incorporated Port Orchard. The provisions of Section 8 (Operation and Maintenance) shall also apply to existing stormwater facilities in incorporated Port Orchard. The provisions of Section 10 (Water Quality) shall apply to all situations and circumstances throughout incorporated Port Orchard. (7) Applicability of Other Ordinances - 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 within, abutting, or serving the development shall do so in accordance with this ordinance. However, where the provisions of this ordinance directly conflict with any other City of Port Orchard ordinance, State law, Federal law, or comprehensive drainage plan, the more stringent provisions shall apply to the extent permissible by law. (8) Administration - The Director, or an assignee, shall administer this ordinance. The Director shall have the authority to develop and implement procedures to administer and enforce this ordinance. Ordinance No. 1736 Page 3 of 32 (9) Appeals - An aggrieved party may appeal any administrative interpretation or departmental ruling related to this ordinance to the Part Orchard City Council. (10) Effective Date - This ordinance codified in this title shall become effective on March 22,1999. SECTION 2. Definitions - The following definitions of terms shall apply to this ordinance (1) Acceoted 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. (2) 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 ordinance on a form furnished by the city and paying the required application fees. (3) 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. (4) Best Management Practices (BMP) shall mean physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by the city as accepted BMPs. (5) 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. (6) 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 ordinance. (7) City shall mean City of Port Orchard. (8) Civil Engineer shall mean a professional engineer currently registered in the State of Washington to practice in the field of civil engineering. (9) Clearino or land clearing shall mean the surface removal of vegetation. (10) 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. (11) 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. Ordinance No. 1736 Page 4 of 32 (12) 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. (13) Critical Drainage Area shall refer to those areas designated in Section 9 (Critical Drainage Areas) which have a high potential for stormwater quantity or quality problems. (14) 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. (15) Detention Facilities shall mean stormwater facilities designed to store runoff while gradually releasing it at a pre -determined controlled rate. "Detention facilities" shall include all appurtenances associated with their designed function, maintenance, and security. (16) Developed Site shall mean the condition of the development site following completion of construction of the development including all approved phases of construction. (17) Director shall refer to the Director of the City of Port Orchard Department of Public Works or assigns. (18) Diversion shall mean the routing of stormwater to other than its natural discharge location. (19) 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. (20) 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. (21) 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. (22) Erosion Control Design Storm shall mean the 2-year frequency, 24-hour duration storm event used for analysis and design of sedimentation and erosion control facilities. (23) Existing Stormwater Facilities shall mean those facilities constructed or under permitted construction prior to the effective date of this ordinance. (24) Forested Land shall mean "forested land" 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. (25) Geotechnical Engineer shall mean a practicing professional engineer licensed in the State of Washington who has at least four years of professional experience in geotechnical and landslide evaluation. (26) Geotechnical Report shall mean a study of the effects of drainage and drainage facilities on soil characteristics, geology and groundwater. The geotechnical analysis shall be prepared by a geotechnical engineer. Ordinance No. 1736 Page 5 of 32 (27) Grading shall mean any excavating, filling, or embanking of earth materials (28) Grubbing shall mean the removal of vegetative matter from underground, such as sod, stumps, roots, buried logs, or other debris, and shall include the incidental removal of topsoil to a depth not exceeding 12 inches. (29) Hydrograph shall mean a graph of runoff rate, inflow rate, or discharge rate, past a specific point over time. (30) 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. (31) Illicit Discharge shall mean all non-stormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality, or ground water quality standards, including but not limited to, sanitary sewer connections, industrial process water, interior floor drains, and graywater systems. (32) Impervious Surface shall mean a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots, or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. (33) Land Disturbing Activity shall mean any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, paving, clearing, grading, and grubbing. (34) Land Use Permits and Approvals shall mean any use or development of land that requires city action in legislation, administration, or approval. (35) Maintenance shall mean any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to return the facility to good working order. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facilities. (36) 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. (37) Maintenance Schedule shall mean a document detailing required stormwater facility maintenance activities to be performed at specified intervals. Ordinance No. 1736 Page 6 of 32 (38) Maior Development shall mean any new development or any redevelopment activity that (1) includes the creation or cumulative addition of 5,000 square feet or greater of impervious surface area from the pre -development conditions, or (2) includes land disturbing activity of one acre or greater, or (3) includes grading involving the movement of 5,000 cubic yards or more of material. (39) Manual shall mean Exhibit A of this ordinance entitled the "Port Orchard Stormwater Design Manual". (40) Minor Development shall mean any new development or redevelopment activity that (1) includes the creation or addition of less than 5,000 square feet of new impervious surface area, and (2) includes land disturbing activity of less than one acre, and (3) includes grading involving the movement of less than 5,000 cubic yards of material. (41) Non -forestry Use shall mean an active use of land that is incompatible with timber growing. (42) 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. (43) Oil/Water Separator shall mean a structure or device used to remove suspended oil and greasy solids from water. (44) 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. (45) 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. (46) Pollution shall mean contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful. (47) Pre -development Conditions shall mean site conditions as they existed prior to manmade alterations other than those alterations that have been made with a prior approved storm drainage plan. (48) 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. Ordinance No. 1736 Page 7 of 32 (49) 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 Sate of Washington and qualified by experience or examination. (50) Redevelopment shall mean any land disturbing activity occurring on existing developed property. (51) 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. (52) SEPA shall mean the Washington State Environmental Policy Act. (53) 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. (54) 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. (55) 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. (56) 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. (57) Source Control BMP shall mean a Best Management Practice (BMP) that is intended to prevent pollutants from entering stormwater. Examples include erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. (58) Stormwater shall mean the surface water runoff that results from all natural forms of precipitation. (59) 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. (60) 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/bioflter facilities, wetponds, wetland forebays, oil/water separators, constructed wetlands and erosion and sedimentation control facilities. Ordinance No. 1736 Page 8 of 32 (61) 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. (62) Technical Deviation shall mean permission granted by the Director to deviate from the provisions of the ordinance. (63) Variance shall mean permission granted by the City Council to deviate from the provisions of this ordinance. (64) Water Quality Design Storm Event shall mean a design storm event selected by the Director for the purpose of establishing design performance criteria for water quality BMPs. Under most conditions, the term applies to the runoff rate and volume resulting from 64- percent (64%) of the precipitation of the 2-year frequency, 24-hour duration storm event. (65) Wetland shall mean those areas that are defined by separate ordinance, regulation, or statute as wetlands. SECTION 3. Permits (1) Review By Department of Public Works - Proposed site development activities shall be reviewed by the Port Orchard Department of Public Works to determine the permits required. (2) Expiration of Existing Construction Plan Approval - Any construction plans previously approved by the city shall expire six (6) months after the effective date of this ordinance. The Director may extend the expiration date if the project is under construction and progressing satisfactorily towards final completion. (3) Stormwater Management Permit Reguired - A Stormwater Management Permit, issued by the Department of Public Works, shall be required for any of the following activities: (a) Site development or redevelopment activities that meet the definition of a major development. (b) Site development or redevelopment activities that require connection to a public storm drainage system. (c) Grading activities that result in the movement of 150 cubic yards or more of earth. (d) Grading activities that will result in a temporary or permanent slope having a steepness exceeding 3 to 1 (3 feet horizontal to 1 foot vertical) and having a total slope height, measured vertically from toe of slope to top of slope, exceeding 5 feet. (e) Grading activities that include the construction of embankment berms tat will result in the impoundment of water to a depth exceeding 18 inches and/or with a maximum volume exceeding 2,500 cubic feet of water. Ordinance No. 1736 Page 9 of 32 (f) Grading activities that will result in the diversion of existing drainage courses, both natural and man-made, from their natural point of entry or exit from the grading site. (g) Any land clearing or grading on slopes steeper than 30%, or within the mandatory setback of a wetland, stream, lake, Puget Sound, as established by separate ordinance or by the Public Works Department. No site development activity, including land clearing, grading, or other construction activity as described in this ordinance, shall occur until a Stormwater Management Permit has been issued, nor shall said site development activity continue without a Stormwater Management Permit in force. (4) Exemptions - Commercial agriculture and forest practices regulated under Title 222 WAC are exempt from the provisions of Section 3. 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, shall be exempt from the provisions of Section 3. Grading activities described in Section 6(9) are exempt from the provisions of Section 3. Residential lots 2.5 acres or larger shall be exempt from the provisions of Section 7 unless otherwise determined by the Director. Cases where the exemption does not apply includes, but is not limited to, sites within or adjacent to critical areas or watersheds, steep or unstable slopes, or where the cumulative impacts of development warrant. Site development activities taking place on individual lots of 2.5 acres or larger, which meet the definition of a Major Development, are not exempt from the requirements of Section 7. Proposed access roadways serving residential lots larger than 2.5 acres which meet the definition of a Major Development, are not exempt from the requirements of Section 7. (5) Permit Requirements - The Director shall establish requirements for the issuance of Stormwater Management Permits, subject to the following criteria: (a) All site development activities shall comply with the standards, specifications, and requirements contained in the Stormwater Design Manual. (b) The Director shall establish fees for Stormwater Management Permits. Stormwater Management Permit fees shall include fees for the review of permit applications and documents and for inspections during construction. (c) A Stormwater Management Permit shall, at the time of its issuance, specify a maximum expiration date, not to exceed 3 years from the date of issuance. A Stormwater Management Permit shall expire upon approved completion of construction, or upon the specified maximum expiration date, whichever comes first. In the event that a Stormwater Management Permit expires prior to the completion of construction, all construction activity must cease, a new Stormwater Management Permit application must be submitted, and the issuance of a new Stormwater Management Permit shall be, at the discretion of the Director, subject to city site development standards in force at the time of the new permit application. Ordinance No. 1736 Page 10 of 32 (d) Approved Stormwater Management Permit placards shall be prominently displayed on construction sites at all times until the completion of all permitted site development activities. (6) When A Professional Engineer Is Required - Unless otherwise required by Sections 5 or 6 of this ordinance, Stormwater Management Permit applications shall require the submittal of documents prepared by a qualified Professional Engineer when one of the following conditions exists: (a) Any land use or building or development on real property which meets the definition of a major development, OR; (b) Any improvements within the boundaries of city rights -of -way for which Port Orchard will ultimately assume responsibility for maintenance, OR; (c) Any site development activity that the Director deems to be in the public's best interest to require that certain Stormwater Management Permit application submittal documents be prepared by a Professional Civil Engineer. (7) Off -site Analysis - All Stormwater Management Permit applications which meet any of the criteria listed in Section 3(6) of this ordinance shall include, along with other required submittal documents, an off -site drainage analysis as described in Section 7(3)(f) and Section 7(8)(f) prepared by a qualified Professional Engineer and based on a field investigation of the development's off -site contributing and receiving drainage areas. (8) Geotechnical Analysis - All Stormwater Management Permit applications for development activities where grading or the construction of retention facilities, detention facilities, or other stormwater facilities is proposed within 200 feet of slopes steeper than thirty percent (30%), or where the Director deems that the proposed construction poses a potential hazard due to its proximity to a slope, shall, when required by the Director, include a geotechnical analysis, prepared by a qualified engineer. Said geotechnical analysis shall address the effects of groundwater interception and infiltration, seepage, potential slip planes, and changes in soil bearing strength. (9) Soils Analysis - All Stormwater Management Permit applications which meet any of the criteria listed in Section 3(6) of this ordinance, 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 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. (10) Permit Modifications - Proposed modifications to an approved Stormwater Management Permit must be submitted to the Department of Public Works and be reviewed for compliance with this ordinance. Substantial proposed modifications, as determined by the Director, shall require additional review fees and shall require re -issuance of the required permit. Minor proposed modifications may be accepted by the Director without requiring the re -issuance of the accepted permit or the payment of additional review fees. (11) Erosion and Sedimentation Control - All final drainage, grading, clearing, or other site development plans requiring acceptance from the Department of Public Works shall include a plan for the control of erosion and sedimentation as required in Section 5(1) and Section Ordinance No. 1736 Page 11 of 32 5(3), for the period beginning with the commencement of site development activity and continuing without interruption until permanent site stabilization is achieved. No clearing, grubbing, grading, or other construction activity may take place on a project site until an Erosion and Sedimentation Control Plan has been approved by the Department of Public Works. SECTION 4. Covenants, Sureties, and Liability Insurance (1) Site Stabilization - Prior to the issuance of a Stormwater Management 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 Section 4(5) below. 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 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 Management Permit to guarantee the city that temporary erosion and sedimentation control and permanent site stabilization measures will perform in accordance with the Stormwater Management Ordinance. 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. (3) Performance Surety for Site Stabilization - The term "Bond" as defined in the ordinance shall mean a surety bond, assignment of funds, or irrevocable bank letter of credit. For project sites with 5 or more acres of land disturbing activity, a Performance Bond shall be posted prior to issuance of a Stormwater Management Permit to guarantee the city that temporary erosion and sedimentation control and permanent site stabilization measures will perform in accordance with the ordinance. The amount of the performance bond shall be as follows: (a) One hundred fifty percent (150%) 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 the ordinance. 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 five thousand dollars ($5,000.00), OR; (b) One thousand dollars ($1,000.00) per acre of land disturbing activity. No engineer's estimate is required. Ordinance No. 1736 Page 12 of 32 If the site work is determined by the Director to be in violation of the Stormwater Management ordinance, the city may use the Performance Bond to provide temporary and permanent site stabilization. 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 - 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 one -hundred fifty percent (150%) 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. All Performance Bonds shall run continuously until released by the city, and shall not be subject to an expiration or cancellation date. (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 Management 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 one million dollars ($1,000,000.00) combined single limit bodily injury and property damage, with a two million dollar ($2,000,000.00) 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 residential plats/PUD's and other projects for which maintenance of the stormwater facilities and/or roads is to ultimately be taken over by the city. 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. 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 eighty percent (80%) of the lots in that phase have been improved, the city will take over the maintenance and operations of the system. In the event that eighty percent (80%) 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. The amount of the Maintenance Bond shall be ten percent (10%) of the estimated construction cost of the stormwater facilities and roads requiring maintenance, or five thousand dollars ($5,000.00), whichever is greater. The construction cost of the facilities requiring maintenance shall be estimated by the Project Engineer, subject to the approval of the Director. Ordinance No. 1736 Page 13 of 32 SECTION 5. Erosion and Sediment Control (1) Minor Developments - All Minor Developments, as defined in this ordinance, 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 Section 5(2)(a)through (e). (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 October 1 through April 30, soils not actively being worked shall remain unstabilized for no more than 48 hours. From May 1 through September 30, 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. (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. (a) Other BMPs. Any adverse effects of increased runoff resulting from land disturbing and/or land development activities shall be controlled by appropriate BMP's. (3) Major Developments - Any new development meeting the definition of a major development, shall comply with Section 5(5). For any redevelopment project meeting the definition of a major development, those portions of the site that are being redeveloped shall comply with Section 5(5). (4) Erosion and Sedimentation Control Plan Required - Compliance with the erosion and sedimentation control requirements of Section 5(5) shall be demonstrated through the implementation of an approved Erosion and Sedimentation Control plan. (5) Maior Development Erosion and Sedimentation Control Minimum Reauirements (a) 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 October 1 through April 30, soils not actively being worked for more than 48 hours shall be protected or stabilized. From May 1 through September 30, the owner or Ordinance No. 1736 Page 14 of 32 contractor shall have the materials readily available to stabilize denuded areas as site and weather conditions dictate. (b) 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. (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) 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 Erosion and Sedimentation Control Requirement 5(a). (e) Cut and fill slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with Erosion and Sedimentation Control Requirement 5(a). (f) 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. (g) 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 2-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. (h) 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. (i) 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 5%, 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. Ordinance No. 1736 Page 15 of 32 (iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond. Q) Constructed access routes. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road by use of appropriate BMP's 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. (k) Dewatering construction sites. Dewatering devices shall discharge into a sediment trap or sediment pond. (1) 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. (m) 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. (n) 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. (o) Financial liability. A Performance Covenant, performance bonding, or other appropriate financial instruments, required by Section 4, shall ensure compliance with the approved erosion and sedimentation control plan. (6) 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 2-year, 24-hour duration storm. SECTION 6. Grading (1) Authority of the Director - The Director is the designated agent for the issuance of Stormwater Management Permits for grading, and shall have the authority to prepare regulations and set administrative procedures to carry out the purposes and intent of this Section. Ordinance No. 1736 Page 16 of 32 (2) Grading Plan Required - Grading projects meeting the criteria of Section 3(6) shall be required to have an approved engineered grading plan. (3) Abbreviated Grading Plan - Grading projects meeting 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. (4) 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 Section 5 of this ordinance. (4) Drainage (a) All grading activities shall conform to the requirements of this ordinance concerning stormwater management. (b) 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 for which the Stormwater Management Permit has been issued. (c) Stormwater flows shall be accepted onto, and shall be discharged from, a project site at the natural or otherwise legally existing locations. (6) Minimum Grading Standards - This ordinance sets forth minimum standards which shall apply to grading activities as described in Section 3(3). For circumstances not specifically addressed in this ordinance or the Stormwater Design Manual, the provisions of the Uniform Building Code shall apply. (7) Hazards - 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 Section 11(13) of this ordinance. (8) Additional Review - Permits regulating grading activities for major developments may be subject to review and recommendation of approval by the City Planning Department. (9) Permit Exemptions - The following grading activities shall not require the issuance of a Stormwater Management Permit: (a) Excavation for utilities, or for wells or tunnels under 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 Ordinance No. 1736 Page 17 of 32 unsupported height greater than 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 R.C.W. 70.95, 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. (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. However, exemption from the Stormwater Management Permit does not constitute an exemption from the other requirements of this ordinance. (10) Changes in Site Topography (a) The maximum surface gradient on any artificially created slope shall be two (2) feet of horizontal run to one (1) foot of vertical fall (2:1). 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 2:1 slope under the same conditions. (b) 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. Ordinance No. 1736 Page 18 of 32 (c) 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. (11) Rockeries and Retaining Structures - Any rockery or other retaining structure greater than 4 feet in height shall be permitted under a separate Building Permit issued by the City Building Department. (12) 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 Section 5. (13) Progress of Work - All work permitted under this ordinance 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 expire six (6) months after issuance. SECTION 7. Stormwater Management (1) Redevelopment Activities - Where redevelopment activities meet the definition of a major development, the requirements of Section 7 of this ordinance 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 Section 7 of this ordinance 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 (1) acre in size with 50% or more impervious surface. (b) Sites that discharge to a receiving water that has a documented water quality problem. (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. (3) Stormwater Quantity Control - The following minimum requirements for stormwater quantity control shall apply to all land developments that meet the definition of a major development: (a) All surface water and stormwater entering the development site in its pre - development 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, Ordinance No. 1736 Page 19 of 32 EXCEPT, diversion which will correct an existing man-made downstream problem may be permitted by the Director. For the purposes of this ordinance, "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. (b) The post -development peak stormwater discharge rates from the development site for the 2, 10,and 100-year, 24-hour duration storm events and the 100-year, 7-day duration storm event shall at no time exceed the pre -development peak stormwater runoff rates for the same design storm events, except as expressly permitted by this ordinance. 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 2-year, 24-hour duration storm event shall not exceed fifty percent (50%) of the pre - development peak stormwater runoff rate for the same design storm event. The Director may require that runoff from a development site be controlled for additional design storm events. (c) 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: (i) CASE 1: The pre -development 100-year, 7-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. (ii) CASE 2: The pre -development 100-year, 7-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 pre -development runoff rates for 50% of the 2-year and 100% of the 10-year and 100-year, 24-hour duration and 100-year, 7-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. Ordinance No. 1736 Page 20 of 32 (iii) 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 2, 10,and 100-year, 24-hour duration, and the 100-year, 7-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. (d) 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: (i) 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. (II) The development site discharges to a regional stormwater facility approved by the Director to receive the developed site runoff. (iii) 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. (e) 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. (f) 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-fourth 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. (g) Retention facilities and open stormwater quantity control facilities shall not be located in dedicated public road rights -of -way. (h) Reasonable access for maintenance, as determined by the Director, shall be provided to all stormwater facilities. (i) 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 selected, designed, and maintained according to the Manual. Streambank erosion control BMPs shall not be built within a natural Ordinance No. 1736 Page 21 of 32 vegetated buffer, except for necessary conveyance systems as approved by the Department of Public Works. (4) Stormwater Quality Control - 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 ordinance, including those contained in the 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 Section 7(8)(b). (5) Illicit Discharges - Illicit discharges, as described in Section 10(2) or illicit connections to a stormwater drainage system, as described in Section 10(3), are prohibited. (6) Experimental Best Management Practices - In those instances where appropriate best management practices are not in the 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 Manual. Experimental BMPs must be approved by the Director. The Director may require that the performance of experimental BMPs be monitored to document their effectiveness for future use. (7) Incorporation Into Stormwater Quantity Control Facilities - Water quality BMPs may be incorporated into the design of stormwater quantity control facilities where appropriate. (8) Minimum Requirements - The following minimum requirements for stormwater quality control shall apply to all land developments that meet the definition of a major development: (a) Source control of pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. (b) Stormwater treatment BMPs. Treatment BMPs shall be sized to capture and treat developed runoff from the water quality design storm, defined as the 6-month, 24-hour duration storm event. For the purpose of this ordinance, the precipitation from a 6-month, 24-hour storm event shall be considered equivalent to 64% of the precipitation from a 2-year, 24-hour storm event. All treatment BMPs shall be selected, designed, and maintained according to the Manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the Department of Public Works. All major developments shall provide treatment of stormwater discharge utilizing wetponds and/or biofiltration BMPs. Other water quality BMPs may only be substituted subject to the granting by the Director of a technical deviation from the provisions of the Stormwater Design Manual. (c) Wetponds shall be required for development sites with greater than five (5) acres of new impervious surface subject to motor vehicle use, which: (1) discharges directly to a regional facility, receiving body of water, or closed depression without providing on -site stormwater quantity control; or Ordinance No. 1736 Page 22 of 32 (II) discharges directly or indirectly to a Class 1, 2, or 3 stream, or a Class 1 or 2 wetland within 1 mile downstream of the site. "Wetpond" shall mean a stormwater basin which is intended to maintain a permanent pool of water equal to the post -development runoff volume of the 6-month frequency, 24-hour duration design storm. (d) Presettlino basin. All stormwater, prior to discharge to a facility designed to utilize infiltration, shall pass through an appropriate stormwater treatment BMP. (e) Water guality-sensitive areas. Where the Director determines that these major development minimum requirements do not provide adequate protection of water -quality sensitive areas, either on -site or within the drainage basin in which the development is located, more stringent controls shall be required to protect water quality. (f) Downstream analysis and mitigation. All major developments shall conduct an analysis of downstream water quality impacts resulting from the project and shall provide for mitigation of these impacts. The analysis shall extend a minimum of one-fourth of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include excessive sedimentation, streambank erosion, discharges to ground water contributing or recharge zones, violations of water quality standards, and spills and discharges of priority pollutants. (g) Oil/Water separators. All stormwater from paved areas subject to motor vehicle traffic shall flow through a spill -containment type oil/water separator prior to discharge. Development sites that include use, storage, or maintenance of heavy equipment, and those development sites that include petroleum storage or transfer, shall utilize appropriately sized API or CPS -type oil/water separators. (9) Stormwater Conveyance Facilities (a) 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 upstream runoff that will be conveyed through the development site. (b) 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. (c) 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 Ordinance No. 1736 Page 23 of 32 the 25-year storm event. All newly constructed downstream drainageways 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. (d) Drainage through closed conveyance structures such as pipes shall not discharge directly onto the surface of a public road. (10) 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 on -going 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 so as not to adversely affect adjacent properties. Wording to this effect shall appear on the face of all final plats/PUD's, and shall be contained in any covenants required for a development. (11) 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 in Major Development Minimum Requirement 7.35 (2), Stormwater Treatment BMPs: (a) 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 Groundwater Quality Standards. (b) Discharges to wetlands shall maintain the hydroperiod and flows of pre - development 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. (c) Created wetlands that are intended to mitigate for loss of wetland acreage, function and value shall not be designed to also treat stormwater. (d) 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 Ordinance No. 1736 Page 24 of 32 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. (a) Wetland BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the Department of Public Works. (12) 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 constructed which would serve more than one development in providing stormwater quantity and/or quality control. 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. (13) 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 ordinance, 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 ordinance 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. SECTION 8. Operation and Maintenance (1) Maintenance of Stormwater Facilities by Owners (a) Any person or persons holding title to a non-residential 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 ordinance. (b) For privately maintained stormwater facilities, the maintenance requirements specified in this ordinance, including the Manual, 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 Ordinance No. 1736 Page 25 of 32 (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 stormwater facilities shall be properly operated and maintained. 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 ordinance. (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 Management Permit that meets the following conditions: (a) Improvements in residential plats/PUDs have been completed on at least 80% of the lots, unless waived by the Director, AND; (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) years, AND; (c) All drainage facilities reconstructed during the maintenance period have been accepted by the Director, AND; (d) The stormwater facility, as designed and constructed, conforms to the provisions of this ordinance, AND; (e) All easements required under this ordinance, 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, AND; (f) For non-standard 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 have been provided to the city. (4) City Acceptance of Existing Stormwater Facilities - Port Orchard may accept for maintenance those stormwater facilities for residential developments existing prior to the effective date of this ordinance that meet the following conditions: (a) Improvements in residential plats/PUDs have been completed on at least 80% of the lots, AND; Ordinance No. 1736 Page 26 of 32 (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; (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 50% of the lots served by the stormwater facilities requesting that the city maintain the stormwater facilities, AND; (e) All easements required under this ordinance, entitling the city to properly operate and maintain the subject stormwater facilities, have been conveyed 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. (5) City Inspections of Privately Maintained Stormwater Facilities (a) The Director is authorized to develop an inspection program for privately owned and maintained stormwater facilities in the city. 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 non -point 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 ordinance has been or is being committed, the 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 ordinance. (c) Prior to making any inspections, the Director or his assignee shall follow the procedures delineated in Section 11(3). (6) Inspection Schedule - The Director is authorized to establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned and operated by the city. The party (or parties) responsible for maintenance and operation shall be identified. Critical stormwater facilities, as so deemed by the Director, may require a more frequent inspection schedule. SECTION 9. Critical Drainage Areas (1) Special 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 other sections of this ordinance. (2) Designation - The following are designated as critical drainage areas: Ordinance No. 1736 Page 27 of 32 (a) All lands having a slope of thirty percent (30%) 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; (a) 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 of groundwater, aquifers, or sole source aquifers; (g) Any lands that drain to a natural feature that is 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. Q) 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. (3) Conflicting Information - In the event of conflict between maps or other available information resources, the final determination of whether or not certain lands are critical drainage areas shall be made by the Director. In making such a final determination, the Director may use detailed site surveys and/or other topographic data that the Director may require the Applicant to furnish at the Applicant's expense. SECTION 10. Water Quality (1) Purpose - This Section implements the directive of the 1991 Puget Sound Water Quality Management Plan (Sec. EM-10. Enhanced Local Enforcement). (2) Illicit Discharges - Illicit discharges to stormwater drainage systems are prohibited. (3) Illicit Connections and Uses - The stormwater system of Port Orchard, natural and artificial, may only be used to convey stormwater runoff. Stormwater System shall mean all natural and man-made systems that function together or independently to collect, store, purify, discharge, and convey stormwater. Included are all stormwater facilities as well as Ordinance No. 1736 Page 28 of 32 natural systems such as streams and creeks and all natural systems which convey, store, infiltrate, or divert stormwater. Violation of this section can result in enforcement action being taken as prescribed in Section 11. No person shall use this system to dispose of any solid or liquid matter other than stormwater. No person shall make or allow any connection to the stormwater system that could result in the discharge of polluting matter. Connections to the stormwater system from the interiors of structures are prohibited. Connections to the stormwater system for any purpose other than to convey stormwater or groundwater are prohibited and shall be eliminated. (4) Pollution Control Device Maintenance - Owners and operators of oil/water separators, wet ponds, bio-filtration/biofilter facilities, sediment and erosion control systems, infiltration systems and any other pollution control devices shall operate and maintain such control devices to assure that performance meets the intended level of pollutant removal. Recommended maintenance schedules for these devices are included in the Manual. (5) Test Procedure - In the event that water quality testing is utilized in determining whether a violation of this Section has occurred, said water quality test procedures shall be followed as described in the most recent edition of the publication "Standard Methods for the Examination of Water and Wastewater", published by the American Water Works Association. (6) Exemptions - The following discharges are exempt from the provisions of this Section: (a) The regulated effluent from any commercial or municipal facility holding a valid state or federal wastewater or stormwater discharge permit. (b) Acts of nature not compounded by human negligence. (c) Properly operating on -site domestic sewage systems. (d) Properly applied agricultural chemicals and materials. SECTION 11. Enforcement (1) Violations of This Ordinance - The placement, construction, or installation of any structure, or the connection to a public storm drainage facility, or the discharge to a public storm drainage facility, or grading, which violates the provisions of this ordinance shall be and the same hereby is declared to be unlawful and a public nuisance and may be abated as such through the use of civil penalties and Stop Work Orders, as well as any other remedies which are set forth in this ordinance, including, but not limited to, revocation of any permits. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources. (2) Insoection - Whenever there is cause to believe that a violation of this ordinance has been or is being committed, the Director or his assignee is authorized to inspect during regular working hours and at other reasonable times all development activity sites and all stormwater drainage facilities within the city to determine compliance with the provisions of this ordinance. Ordinance No. 1736 Page 29 of 32 (3) Inspection Procedures - Prior to making any inspections, the Director or his assignee shall present identification credentials, state the reason for the inspection and request entry. (a) If the property or any building or structure on the property is unoccupied, the Director or his assignee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry. (b) If after reasonable effort, the Director or his assignee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site or of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter. (c) Unless entry is consented to by the owner or person(s) in control of the property or portion of the property, unless conditions are reasonably believed to exist which create imminent hazard, the Director or his assignee shall obtain a search warrant, prior to entry, as authorized by the laws of the State of Washington. (d) The Director or his assignee may inspect the development activity site and/or the stormwater drainage system without obtaining a search warrant provided for in Subsection 3(c) above, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. (4) Stop Work Orders - "Stop Work Order" shall mean a written notice, signed by the Director or his assignee, that is posted on the site of a construction activity, which order states that a violation of a city ordinance has occurred and that all construction -related activity, except for erosion and sedimentation control activities authorized by the Director, is to cease until further notice. The Director may cause a Stop Work Order to be issued whenever the Director has reason to believe that there is a violation of the terms of this ordinance. The effect of such a Stop Work Order shall be to require the immediate cessation of such work or activity until authorization is given by the Director to proceed. (5) Cumulative Civil Penalty - Every person who violates this ordinance, or the conditions of an accepted Stormwater Management Plan, shall incur a civil penalty. The penalty shall not be less than $100.00 or exceed $1000.00 for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation. (6) Aiding or Abetting - Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. (7) Order to Maintain or Reoair - The Director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this ordinance. The order shall include: (a) A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur; Ordinance No. 1736 Page 30 of 32 (b) A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and (c) A reasonable time to comply, depending on the circumstances. (8) Notice of Violation - Assessment of Penalty - Whenever the Director has found that a violation of this ordinance has occurred or is occurring, the Director is authorized to issue a Notice of Violation directed to the person or persons identified by the Director as the violator. (a) The Notice of Violation shall contain: (i) The name and address of the property owner; (ii) The street address, when available, or a legal description sufficient to identify the building, structure, premises, or land upon or within which the violation is occurring; (iii) A statement of the nature of such violation(s); (iv) A statement of the action that is required to be taken within twenty-one (21) days from the date of service of the notice of violation, unless the Director has determined the violation to be hazardous and to be requiring immediate corrective action, OR unless the corrective action constitutes a temporary erosion control measure; (v) A statement that a cumulative civil penalty in the amount of not less than one hundred dollars ($100.00) and not exceeding one thousand dollars ($1000.00) per day shall be assessed against the person to whom the Notice of Violation is directed for each and every day following the date set for correction on which the violation continues; and (vi) A statement that the Director's determination of violation may be appealed to the City Council by filing written notice of appeal, in duplicate, with the City Council within twenty (20) days of service of the Notice of Violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the Director to be hazardous and to require immediate corrective action or was determined by the Director to constitute a temporary erosion control measure. (b) The Notice of Violation shall be served upon the person(s) to whom it is directed either personally or by complaint in Superior Court proceedings or by mailing a copy of the Notice of Violation by certified mail. (9) Aooeal and Disoosition - A Notice of Violation issued pursuant to this Section shall have the following appeal options: (a) Within thirty (30) days from the date of receipt of the Notice of Violation, the aggrieved person may make application for relief from penalty to the Director. Such application shall contain any information relevant to the Ordinance No. 1736 Page 31 of 32 situation that the aggrieved party believes the Director should consider. The Director may cancel, lower, or affirm the penalty. (b) Within fifteen (15) days from the date of receipt of the Director's response to said application for relief from penalty, the aggrieved party may appeal to the City Council. The aggrieved person shall be entitled to have the appeal considered by the City Council at its next available regularly scheduled meeting date following the fling of the appeal. The City Council shall issue their decision within 15 days of the completion of the hearing. The aggrieved party shall be notified by certified mail of the determination of the City Council. (10) Liability for Costs of Investigation - Any person found to be in violation of this ordinance will be responsible for the costs of investigation by the city. Such cost may include the analytical services of a certified laboratory. (11) Collection of Civil Penalty - The civil penalty constitutes a personal obligation of the person(s) to whom the Notice of Violation is directed. Penalties imposed under this Section shall become due and payable 30 days after receiving notice of penalty unless an appeal is filed. The Prosecuting Attorney, on behalf of the city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues. (12) Compromise Settlement and Disposition of Suits - The Director and the Prosecuting Attorney are hereby authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the city, provided that a report shall be submitted to the City Council in any instance when a compromise settlement is negotiated. (13) Hazards (a) Whenever the Director determines that any existing construction site, erosion/sedimentation problem or drainage facility poses a hazard to public safety or substantially endangers property, or adversely affects the condition or capacity of the drainage facilities, or adversely affects the safety and operation of city right of way, or violates State water pollution laws, the person to whom the permit was issued, the person or persons holding title to the property within which the drainage facility is located, the person shall upon receipt of notice in writing from the Director, repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this Section. (b) Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he may take the measures necessary to eliminate the hazardous situation, provided that he or she shall first make a reasonable effort to locate the owner before acting, in accordance with Section 11(3). In such instances, the person or persons holding title to the subject property shall be obligated for the payment to the city of all costs incurred by the city. If costs are incurred and a bond pursuant to this Section or other city requirement has been posted, the Director shall have the authority to collect against the bond to cover costs incurred. Ordinance No. 1736 Page 32 of 32 SECTION 12. Severability - If any provision of this ordinance or its application to any person or property is held invalid, the remainder of the ordinance or the application of the provision to other persons or property shall not be affected. SECTION 13. Repealer. -City of Port Orchard Drainage Ordinance Number 1098 enacted May 29, 1979 is repealed in its entirety as of the effective date of this ordinance. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 28th day September 1998. LESLIE J. WEATHERILL, MAYOR ATTEST:/ Pat cia Parks, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Morrison /,C" 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 September 28, 1998. ORDINANCE NO. 1736 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING DEVELOPMENT STANDARDS RELATING TO STORMWATER MANAGEMENT, LAND CLEARING, GRADING AND REPEALING ORDINANCE NO. 1098. Copies of Ordinance No. 1736 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. 1736 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent March 17,1999