023-22 - Ordinance - Stormwater MaintenanceDocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D
ORDINANCE NO. 023-22
AN EMERGENCY ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, RELATING TO STORMWATER MAINTENANCE; AMENDING
PORT ORCHARD MUNICIPAL CODE SECTIONS 20.150.060, 20.150.020, AND
20.150.160; PROVIDING FOR SEVERABILITY AND PUBLICATION, AND
ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Port Orchard is required to adopt a stormwater design manual with
guidelines and technical requirements for new development and redevelopment projects to
ensure compliance with all local, state, and federal regulations; and
WHEREAS, the Washington State Department of Ecology ("Ecology") publishes
stormwater manuals which comply with regulations; and
WHEREAS, Ecology issues a Phase II Municipal National Pollution Discharge Elimination
System (NPDES) Permit to the City of Port Orchard, and one of the permit requirements is that
the City adopt the 2019 Stormwater Management Manual for Western Washington ("2019
Manual") with an effective date of June 30, 2022; and
WHEREAS, this ordinance reflects amendments to the Port Orchard Municipal Code
(POMC) necessary to adopt the 2019 Manual and update references to previous iterations of
state stormwater regulations; and
WHEREAS, the 2019 Manual builds on the work within the previous 2014 Manual with
regards to Low Impact Development and LID as a preferred approach, incorporates text revisions
and consolidated sections within the manual to avoid confusion or conflicting information, adds
a number of Source Control BMPs in preparation for future permit requirements; and
WHEREAS, the City sent notice of the Proposed Amendments to the Washington State
Department of Commerce pursuant to RCW 36.70A.106; and
WHEREAS, on May 11, 2022, the City's SEPA official issued a determination of non -
significance for the proposed code amendments and there have been no appeals; and
WHEREAS, on June 7, 2022, the Planning Commission held a public hearing on the
proposed code amendments, and did not receive comments; and
WHEREAS, in order to meet the June 30, 2022, deadline for compliance, thereby ensuring
protection of the public health and safety by ensuring adequate protection from discharge of
pollutants into the public waters, the City Council believes an emergency exists to warrant
adoption of this ordinance with an immediate effective date; and
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Ordinance No. 023-22
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WHEREAS, the City Council, after careful consideration of the proposed code
amendments and all public comments and testimony, finds that the proposed code amendments
are consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
SECTION 1. Port Orchard Municipal Code 20.150.060 is hereby amended to read as
follows:
20.150.060 Regulations and guidelines — Adopted manuals.
(1) The provisions of this chapter together with those manuals and standards described
herein shall constitute the city's stormwater regulations.
(2) All activity under this chapter shall also comply with the applicable provisions of
Chapter 20.140 POMC, Land Disturbing Activity; Appendix J of the International Building Code, as
adopted in Chapter 20.200 POMC; and equivalent standards approved by the director.
(3) The following state and local regulations and guidelines pertaining to surface and
stormwater design and management are adopted by reference and shall be collectively referred
to as the "Port Orchard stormwater manuals" or the "stormwater manuals":
(a) The 2019 Edition of the Washington State Department of Ecology Stormwater
Manual for Western Washington (Stormwater Management Manual);
(b) The 2012 Edition of the Puget Sound Partnership Low Impact Development
Technical Guidance Manual for Puget Sound;
(c) The city of Port Orchard design and construction standards; and
(d) The definitions, minimum requirements, adjustment, and variance criteria
found in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit,
except that the erosivity waiver is not adopted.
(e) All references to this chapter shall include the Port Orchard stormwater
manuals adopted herein.
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SECTION 2. Port Orchard Municipal Code 20.150.020 is hereby amended to read as
follows:
20.150.020 Definitions.
Definitions provided below apply only to this chapter, unless otherwise indicated. In the
application of this chapter, where a definition in this chapter conflicts with a definition in the
stormwater manuals, as adopted herein, the most restrictive definition shall control. Where a
term used in the stormwater manuals is not defined in this chapter, the definition in the
stormwater manuals shall control. The following definitions of terms shall apply to this chapter:
"Bioretention" shall mean an engineered facility that treats stormwater by passing it
through a specific soil profile and either retain or detain the treated stormwater for flow
attenuation. Refer to the currently adopted Stormwater Management Manual for bioretention
BMP types and design specifications.
"Certified erosion and sediment control lead (CESCL)" shall mean an individual who has
current certification through an approved erosion and sediment control training program that
meets the minimum training standards established by the Department of Ecology (see the
currently adopted Stormwater Management Manual).
"Effective impervious surface" shall mean impervious surfaces that are connected via
sheet flow or discrete conveyance to a drainage system. Impervious surfaces on residential
development sites are considered ineffective if the runoff is dispersed through at least 100 feet
of native vegetation in accordance with the currently adopted Stormwater Management Manual,
is residential roof runoff infiltrated in accordance with Downspout Full Infiltration Systems in the
currently adopted Stormwater Management Manual, or approved continuous runoff modeling
methods indicate that the entire runoff file is infiltrated.
"Maintenance" shall mean any activity that is conducted on currently serviceable
stormwater structures, facilities, and equipment in good working order so as to function as
designed without expansion or use beyond that previously existing and results in no significant
adverse hydrologic impact. Maintenance shall include activities taken to prevent decline, lapse
or cessation in use of the systems or structures, including complete reconstruction of a
dysfunctional stormwater facility, including cases where environmental permits require replacing
an existing structure with a different type structure, as long as the functioning characteristics of
the original structure are not changed. Maintenance of stormwater facilities shall include
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assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments),
replacement of failed or failing treatment media, and the correction of any problem on the site
property that may directly impair the functions of the stormwater facilities as identified in the
maintenance standards of the currently adopted Stormwater Management Manual.
"Source control BMP" shall mean a best management practice (BMP), either a structure
or operation that is intended to prevent pollutants from coming into contact with stormwater
through physical separation of areas or careful management of activities that are sources of
pollutants. The currently adopted Stormwater Management Manual separates source control
BMPs into two types. Structural source control BMPs are physical, structural, or mechanical
devices, or facilities that are intended to prevent pollutants from entering stormwater.
Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering
stormwater. See the currently adopted Stormwater Management Manual for details.
SECTION 3. Port Orchard Municipal Code 20.15.160 is hereby amended to read as follows
20.150.160 Standards — Minimum site development requirements.
The following minimum site development requirements apply to all new development,
redevelopment, and construction site activities that result in land disturbance of equal or greater
than one acre, including projects less than one acre that are part of a larger common plan of
development or sale, regardless of whether a permit under this chapter or Chapter 20.140 POMC,
Land Disturbing Activity, is required:
(3) Source Control of Pollution (Minimum Requirement No. 3). Source control best
management practices (operational and/or structural) are required for all projects. Those
practices listed in the source control chapter of the currently adopted Stormwater Management
Manual as applicable operational or structural source controls for a particular pollutant source
are required under this minimum requirement.
(10) Basic Treatment Requirements. Basic treatment applies to:
(c) Project sites discharging directly to salt waters, river segments, and lakes listed
in the currently adopted Stormwater Management Manual;
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(13) Wetlands Protection (Minimum Requirement No. 8).
(b) Stormwater treatment and flow control facilities shall not be built within a
natural vegetated buffer, except for:
(i) Necessary conveyance systems as approved by the permittee; or
(ii) As allowed in wetlands approved for hydrologic modification and/or
treatment in accordance with the currently adopted Stormwater Management
Manual.
(c) An adopted and implemented basin plan prepared in accordance with the
provisions of POMC 20.150.230 may be used to develop requirements for wetlands that
are tailored to a specific basin.
SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 5. Corrections. Upon approval of the city attorney, the city clerk and the
codifiers of this ordinance are authorized to make necessary technical corrections to this
ordinance, including, without limitation, the correction of clerical errors; references to other
local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 6. Designation of Emergency Ordinance; Immediate Effective Date.
Pursuant to RCW 35A.13.190, the City Council declares and designates this ordinance as a public
emergency ordinance necessary for the protection of the public health, public safety, public
property, or the public peace. Upon adoption of this ordinance by a majority plus one of the
whole membership of the council, this ordinance shall take effect and be in full force immediately
upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App.
641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are
included in the recitals set forth above, which are adopted by reference.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 28t" day of June 2022.
DocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D
Ordinance No. 023-22
ATTEST:
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Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
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Charlotte A. Archer, City Attorney
PUBLISHED: July 1, 2022
EFFECTIVE DATE: June 28, 2022
Page 6 of 6
DocuSigned by:
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Robert Putaansuu, Mayor
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