HomeMy WebLinkAboutReg 2004-10-18 Item 5A - Ordinance - TMC Chapter 14.30 Surface Water Management r.. COUNCIL GENOA S ps
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ITEM INFORMATION
CAS NUMBER: 04-139 I ORIGINAL AGENDA DATE: OCTOBER 11, 2004 I
AGENDA ITEM TITLE Adopt Ordinance amending Surface Water Management in TMC Chapter 14.30 and
repeal Ordinance No. 1955
CATEGORY 0 Discussion 0 Motion 0 Resolution 0 Ordinance j Bid Award 0 Public Hearing 0 Other
r
Mtg Date Mtg Date Mtg Date Mtg Dote 10/11/04 Mtg Date Mtg Date Mtg Date
SPONSOR 0 Council 0 Mayor 0 Adm Svcs 0 DCD 0 Finance 0 Fin D Legal 0 P&R 0 Police 0 PTV I
SPONSOR'S The Surface Water Management Ordinance needs to be updated to adopt standards
SUMMARY including the IGng County Surface Water Design Manual, the Growth Management Act
(GMA), the Clean Water Act, the NPDES and the Endangered Species Act. The ordinance
contains specific language regarding discharge, facility maintenance, inlet marking,
financial guarantees, and insurance.
REVIEWED BY 0 COW Mtg. 0 CA&P Cmte 0 F&S Cmte Transportation Cmte
I Utilities Cmte 0 Arts Comm. 0 Parks Comm. 0 Planning r.-.--
DATE: 9/8/04 9/21/04
RECOMMENDATIONS:
SPoNsoa /ADMIN. Adopt Ordinance updating Surface Water Management
ConmurrEE Forward to COW and then Regular for adoption
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
1 10/11/04 Discussed at COW; consensus existed to forward to Regular Meeting for action
MTG. DATE ATTACHMENTS
10/11/04 Information Memo dated September 8, 2004 (revised from OC)
I Surface Water Ordinance
I Summary of Changes and SEPA Determination
I 1 Utilities Committee Meeting Minutes from 9/8/04 9/21/04
I 10%18/04 Ordinance (final format)
I I(Coanprehensive Surface Water Management Plan available upon request) i
1908
City of Tukwila
Washington
r Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 1755;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
f<' WHEREAS, the Federal Clean Water Act requires protection of water quality
through implementation of water quality protection measures; and
WHEREAS, the City of Tukwila completed a new comprehensive surface water
management plan; and
WHEREAS, the City of Tukwila has obligations to protect surface water under the
municipal storm water discharge permit, issued by the State of Washington under the
Federal National Pollutant Discharge Elimination System Phase II program; and
WHEREAS, storm water management procedures established in 1995 by Tukwila
Ordinance No. 1755 no longer effectively address the surface water management
requirements outlined above; and
WHEREAS, the City Council deems it to be in the best interest of public safety,
health and welfare for its citizens to enact the new surface water regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Plan adopted. New comprehensive surface water management plan is
hereby adopted.
Section Z Regulations established. New surface water management provisions, to be
codified at Tukwila Municipal Code Chapter 14.30, are hereby established to read as
follows:
Chapter 1430
SURFACE WATER MANAGEMENT
14.30.010 Authority
14.30.020 Purpose
14.30.030 Definitions
14.30.040 Applicability
14.30.050 Compliance
14.30.060 Discharges
:i 14.30.070 Standards
14.30.080 Permits
14.30.090 Facility Maintenance
14.30.100 Special Drainage Fee
14.30.110 Inlet Marking
14.30.120 Financial Guarantees
f, 14.30.130 Insurance
14.30.140 Exceptions
14.30.150 Liability
14.30.160 Penalties
14.30.170 Abatement
14.30.180 Injunctive Relief
14.30.190 Appeals
surfacewm« 1on4io4 Page 1 of 10
ammo
14.30.010 Authority
A. The Public Works Director shall administer TMC Chapter 14.30. The Director's
authority includes the establishment of regulations and procedures, approval of permits
and exceptions, and enforcement and implementation of measures necessary to carry
out the intent of TMC Chapter 14.30.
B. The Public Works Director may initiate all required actions to prevent or stop
acts or intended acts of an applicant or other person which constitute a hazard to life or
safety, or endanger property, or adversely affect the safety, use or stability of a public
way, surface water, a conveyance system, or a sensitive area or buffer.
C. If the Director determines that a person engaged in an activity that could or
does negatively affect surface water has failed to comply with City code or with
approved surface water plans and /or other permit conditions, the Director may
implement any or all of the following enforcement actions:
1. Suspend or revoke without written notice any surface water permit issued
by the City, when the Director determines an immediate danger to Life, safety, or
property exists in a downstream area or adjacent property.
2 Serve a written notice of violation upon that person by registered or
certified mail or personal service. The notice shall set forth the measures necessary to
achieve compliance, specify the time to commence and complete corrections, and
indicate the consequences for failure to correct the violation.
3. Suspend or revoke any surface water permit issued by the City after
written notice is given to the applicant for any of the following reasons:
a. Any violation(s) of the conditions of the surface water permit;
b. Changes in site runoff characteristics upon which a permit or
exception was granted;
c. Construction not in accordance with the approved plans; or
d. Non compliance with correction notice(s) or "stop work" order(s)
issued for the construction of temporary or permanent storm water management
facilities.
4. Post a "stop work" order at the site, directing that all activities that could
affect surface water or a conveyance system cease immediately. The "stop work" order
may include any discretionary conditions and standards adopted in TMC 14.30.070 that
must be fulfilled before any work may continue.
14.30.020 Purpose
The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the
following purposes:
1. Promote sound development policies and procedures that protect and
preserve the City's water courses, ground water, and surface water infrastructure;
2. Protect surface water conveyance systems and receiving waters from
pollution, mechanical damage, excessive flows and other conditions which increase
erosion and /or turbidity, siltation and other pollution, or which will reduce ground
water recharge, or endanger aquatic and benthic life within surface waters and
receiving waters within the State;
3. Meet the requirements of State and federal law;
4. Fulfill the City's responsibilities as trustee of the environment for future
generations;
5. Promote the health, safety and welfare of the public;
b. Protect private and public property from drainage- related damage;
7. Promote site planning and construction practices that are consistent with
natural topographical, vegetative and hydrological conditions; and
8. Preserve and enhance the suitability of water bodies for recreation and
wildlife habitat.
Surface ware 1011444 Page 2 of' 10
14.30.030 Definitions
Unless specifically defined below, words or phrases used in TMC Chapter 14.30
shall be interpreted using the meaning they have in common usage and to give TMC
Chapter 14.30 its most reasonable application.
1. "Applicant" means any person, governmental agency, or other entity that
executes the necessary forms to procure official approval of a project or a permit to
carry out construction of a project. Applicant also means any person, governmental
agency, or other entity that is performing, or plans to perform, permitted work within
the City.
2. "Approval" means proposed work or completed work conforming to TMC
Chapter 14.30 as approved by the Director.
3. "Best Management Practice" means those practices which provide the best
available and reasonable physical, structural, managerial, or behavioral activity to
reduce or eliminate pollutant loads and /or concentrations leaving a site
4. "City" means the City of Tukwila or the City Council of Tukwila.
5. "Comprehensive Surface Water Management Plan' means a plan adopted
by the City Council to guide the physical growth and improvement of the City and
urban growth management area, including any future amendments and revisions.
6. "Conveyance System" means natural and man-made drainage features
that collect, convey, channel, hold, inhibit retain, detain, infiltrate, divert, treat or filter
surface water. Natural drainage features include swales, streams, rivers, lakes and
wetlands. Man -made features include gutters, ditches, pipes, and detention /retention
facilities.
7. "Critical Drainage Area" means an area, as determined by the City,
needing additional controls to address a flooding, drainage, and /or erosion condition
which poses an imminent likelihood of harm to the welfare and safety of the
surrounding community.
8. "Development" means any man-made change of improved or
unimproved real estate; the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any mining, excavation, landfill,
clearing, or land disturbance; or any use or extension of the use of land.
9. "Director" means the Director of the Public Works Department or
designee.
10. "Drainage Review" means an evaluation by the City to determine
compliance with the City's standards and adopted surface water management manual.
11. "Erosion" means detachment and transport of soil or rock fragments by
water, wind, ice, etc.
12. "Illicit Discharge" means all non surface water discharges to surface water
conveyance systems that cause or contribute to a violation of State water quality,
sediment quality or ground water quality standards. These discharges include sanitary
sewer connections, industrial process water, interior floor drains, car washing, and grey
water systems.
13. "Low Impact Development" means use of innovative or creative
approaches to site design, using methods such as retention of natural vegetation,
significant reduction of effective impervious surface, enhanced infiltration, and changes
in traditional site features such as roads and structures to achieve dramatically
reduced or zero drainage discharge from the site after development.
14. "Plans" means the plans, profiles, cross sections, elevations, details and
supplementary specifications, showing the location, character, dimensions and details
of the work to be performed. These plans are approved by the Public Works Director
and are usually signed by a licensed professional engineer.
Surface Water 10/14/04 Page 3 of 10
15. "Pollution" means contamination or other alteration of the physical,
chemical, or biological properties of waters of the State that will or is likely to create a
nuisance or render waters harmful, detrimental, or injurious 1) to public health, safety
or welfare, or 2) to domestic, commercial, industrial, agricultural, recreational or other
legitimate beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic
life. Contamination includes discharge of any liquid, gas, or solid, radioactive or other
substance. Alteration includes temperature, taste, color, turbidity or odor.
16. "Project" means activity encompassing all phases of the work to be
performed and is synonymous to the term "improvement" or "work."
17. "Runoff" means water originating from rainfall and other precipitation
that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and
wetlands, as well as shallow groundwater and that portion of precipitation that
becomes surface flow and interflow.
..s 18. "Sediment" means fragmented material originating from weathering and
erosion of rocks or unconsolidated deposits, which is transported by, suspended in or
deposited by water.
t,L• 19. "Sedimentation" means the deposition or formation of sediment.
20. "Single family Residence" means a project that constructs or modifies one
single family dwelling unit and /or makes related onsite improvements, such as a
driveway, outbuildings, or play courts.
21. "Surface Water Plan" means a set of drawings and documents submitted
as a prerequisite to obtaining a development permit.
22. "Storm Water" means surface water.
23. "Storm Water Drainage System' means conveyance system.
24. "Surface Flow' means flow that travels overland in a dispersed manner
(sheet flow) or in natural channels or streams or constructed conveyance systems.
25. "Surface Water" means that portion of precipitation that does not
naturally percolate into the ground or evaporate, but flows via overland flow, interflow,
channels or pipes into a natural drainage system, a surface water conveyance system or
into a constructed surface water facility.
J?`< 26. "TMC" means the Tukwila Municipal Code.
27. "Typical" means the guidelines that shall be followed unless the Director
approves an exception.
28. "Water Body" means a creek, stream, pond, wetland, lake, or river.
29. "Watershed" means a geographic region within which water drains into a
particular river, stream, or water body as identified and numbered by the State of
Washington Water Resource Inventory Areas (WRIAS) as defined in the Washington
Administrative Code.
14.30.040 Applicability
TMC Chapter 14.30 applies to all activities occurring within the City limits that
could affect surface water.
14.30.050 Compliance
A. TMC Chapter 14.30 contains minimum requirements. The requirements do not
replace, repeal, abrogate, supersede or affect any other more stringent requirements,
rules, regulations, covenants, standards or restrictions. Where TMC Chapter 14.30
imposes requirements that provide more protection to human health or the
environment, then the requirements of TMC Chapter 14.30 shall prevail.
B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver
of other laws and regulations, nor do they indicate compliance with other laws and
regulations.
Surface Water 10/14104 Page 4 of 10
C. Compliance with TMC Chapter 1430 and related regulations, standards and
manuals adopted by the City does not necessarily mitigate all impacts to human health
and the environment. In such cases, the applicant must implement additional mitigation
to protect human health and the environment.
D. City departments shall comply with all the requirements of TMC Chapter
1430, except they are not required to obtain permits and approvals from the City for
work performed in the public right -of -way, nor for operation and maintenance
activities by the Department of Parks and Recreation.
14.30.060 Discharges
A. Once the applicant shows that a proposed discharge will not contaminate
surface water or ground water, the Director may allow the following discharges into
surface water:
1. Drainage from landscape watering, maintenance and gardening at a single
family residence, foundation drains, and natural ground water and spring seepage, as
long as there is no associated erosion or sedimentation;
2. Water from well, reservoir, and water supply disinfecting and flushing
activities;
3. De- chlorinated swimming pool and spa water;
4. Car and boat washing and other similar maintenance activities from a
single- family residence, if cleaning agents are biodegradable, non phosphate, and non-
solvent based;
5. Dye used in dye testing of surface water drains and streams;
6. Contaminants from emergency response activities or other actions that
must be undertaken immediately, or within a time too short to allow compliance with
TMC Chapter 1430, to avoid imminent threat to public health or safety;
7. Pavement and street washing, only after sweeping and vacuuming of all
debris, dirt and other material to the extent practicable; and
8. Runoff of roadway anti -icing and de -icing agents, provided they are applied
according to best management practices.
B. The Director may prohibit all discharges to surface water and ground water
that are not listed in TMC 14.30.060A, including:
1. Illicit connections to storm drainage systems and surface water bodies,
including sanitary sewers, process waste water discharge, sump overflows, internal
building drains, floor drains not exposed to rainfall runoff, or other similar connections;
1 Sump pump discharges from electrical and mechanical vaults;
3, Chemicals, petroleum products, paints, solvents, detergents, and
degreasers, or other toxic or deleterious materials;
4. Trash, debris, food waste, animal wastes, street cleaning waste, or similar
refuse;
5. Unstabilized soil, sand, gravel, pavement debris, or construction materials
that can erode in an uncontrolled manner into a drainage facility or stream channel;
6. Lawn clippings, leaves, branches, or other landscaping and yard debris;
7. Turbid water from construction site runoff, dewatering, soil boring or
other excavation activities, except if such discharge is permitted under an approved
temporary erosion prevention and sediment control plan, a State Discharge Permit for
construction activities, or other similar permit, and the water treatment facilities
required under an approved permit are properly designed, constructed and
maintained; and
8. Any other material that is considered harmful to humans, animals, aquatic
life, or their habitat.
Surface ware, 10/14/04 Page 5 of 10
14.30.070 Standards
All activities within the City shall be undertaken in accordance with the following
minimum standards, except that depending on a project's possible impacts to public
and environmental health and safety, the Director may require stricter standards:
1. The City's National Pollutant Discharge Elimination System (NPDES)
permit
2. The 199R Wirer rnnnty Surface Water Design Manna", adopted hereby by
reference as if fully set forth herein, except that unless the context indicates otherwise,
the "county" and "King County" shall refer to the City of Tukwila and except as
amended in the Puhlir Wnrkc Develnpment Gnidelinpc and facinn end Cnnctrnrtinn
Standards. The Director will review subsequent amendments, revisions and versions to
the 1998 kin° Minty Surfer° WAro.tpr Design Manual and will adopt these as needed
and as applicable.
3. The Department of Ecology's Surface Water Management Manual for Western
Washington, which may be used for project design, following approval by the Public
Works Director.
4. The 1995 King County Storm Water Pollution Control Manual, except that
unless the context indicates otherwise, the "county" and "King County" shall refer to
the City of Tukwila and except as amended in the Puhlir van-Ifs Dpvelnpmont
Gnidplinec and Dpsi n and Construction Standards. The Director will review
subsequent amendments, revisions and versions to this manual and will adopt these as
needed and as applicable.
5. Development design and construction shall meet all of the applicable
standards and codes, recommendations in specific reports, such as the geo- technical
report and the Technical Information Report, and design criteria contained in the
Comprehensive Surface Water Management Plan or drainage basin plans.
14.30.080 Permits
iz
A. The application for and issuance of a surface water /storm drainage permit
constitutes the administrative mechanism for the enforcement of the provisions
contained herein. Such permits shall be non transferable without approval of the
Public Works Director, and shall be limited to the specific activities for which they are
granted.
B. Activities that trigger drainage review pursuant to the 1998 'Whig rn..nly
Surfer° Water llnctnn Manual require a permit Permit application shall be made to the
City's permit center.
r C. All plans, drawings and calculations shall be prepared, stamped, signed and
dated by a registered professional engineer, licensed in the State of Washington. A
single family residence that is not m a sensitive area and does not trigger drainage
review may be exempt from this requirement
D. The submittals for the permit must meet or exceed the minimum criteria in the
s: 199R Vint rnnnh Cnrf,ra 1nlctpr nnc;nn Manual and the City's Development
Guidelines and Design and Construction Standards. The Director may require
additional submittals to those described therein.
E. Any significant changes to the approved plans or specifications of a permitted
project require a revision submittal to the City for approval before the changes are
implemented.
14.30.090 Facility Maintenance
A. All Facilities.
1. The Director has unlimited access at all reasonable times to any
property whenever the Director has reasonable cause to believe violations of TMC
Chapter 1430 are present or operating on a subject property, whenever necessary to
make an inspection or perform activities to enforce any provisions of TMC Chapter
1430, whenever necessary to monitor proper function of drainage facilities, or
whenever the condition of a surface water system presents imminent hazard.
au«wat iwunrua Page 6 of 10
2. When the City has given a facility owner prior notification and the owner
has failed to maintain such facilities, or when conditions make it impossible to give
prior notice, the City may perform the required maintenance or repairs with the cost of
said work assessed as a lien against the properties responsible for the maintenance.
This action shall be in addition to any other enforcement provisions provided in TMC
Chapter 14.30.
3. Maintenance of private facilities and best management practices are the
responsibility of the facility owners.
4. If the property owner(s) does not maintain the facility as prescribed in the
approved maintenance schedule, the Director may issue a written notice specifying the
required actions and setting a time frame for completion of the specified actions. If
these corrective actions are not performed in a timely manner, the City or a private
contractor hired by the City may enter the property to perform the actions and bill the
property owners(s) for the cost of the work. In the event the Director determines a
hazard to public safety exists, written notice is not required.
B. New Facilities.
1- For privately -owned facilities, the Applicant shall provide a monitoring
and maintenance schedule for the life of each surface water facility or best management
practice resulting from the development. At a minimum, the schedule shall describe
the maintenance activities, spell out the frequency for each activity, and state who
performs and who pays for each activity,
2. The monitoring and maintenance schedule shall provide unlimited access,
at ail reasonable times, to the facilities for inspection by the Public Works Department.
3. The Director shall review and approve the monitoring and maintenance
schedule before the applicant records the schedule with King County Records.
14.30.100 Special Drainage Fee
When the City accepts drainage infrastructure that requires upkeep in excess of
normal maintenance, the City has the right to charge the benefiting parties a special
drainage fee, in addition to the City's normal surface water charge, as a condition of
turnover in order to cover costs for this maintenance.
14.30110 Inlet Marking
A. All new inlets and catch basins, public or private, shall be marked No
Dumping! Drains to Stream."
B. Existing inlets and catch basins, in areas being resurfaced, or when being
x =<C modified or replaced, shall be marked No Dumping! Drains to Stream."
fi t C. The marking shall meet the standard in the City's Development Guidelines and
Design and Construction Standards.
14.30.120 Financial Guarantees
A. The Public Works Director may require from the applicant a surety, cash bond,
irrevocable letter of credit, or other means of financial guarantee acceptable to the City,
prior to approving the permit.
B. The amount of the financial guarantee shall not be less than the total estimated
construction cost of all interim and permanent storm water control facilities, and shall
not be fully released without final inspection and approval of completed work by the
City.
C. For developments which may involve a risk of property damages or possible
hazards, the Public Works Director may require the provision of financial guarantee
(bond, note, letter of credit, etc) with the City to mitigate damages should they occur.
The following provisions shall apply in instances where such financial guarantees are
required:
1. Such bond or other proof of financial guarantee shall not exceed 150% of
the estimated cost of constructing and maintaining those improvements which are the
source of the risk or potential hazard; provided that, in the case of surface water
Surface Water Roam Page 7 of 10
activities which do not involve expenditures at least equal to the cost of remedying the
possible adverse impacts of such activities, the required financial guarantee shall be
equal to City staff's best estimate of the possible costs directly associated with
remedying the adverse impacts to public or private properties not associated with the
development.
2. The amount of any financial guarantee shall not serve as a gauge or limit to
the compensation collected from a property owner because of damages associated with
any surface water activity.
D. The City shall retain the financial guarantee until the completion of any project
involving surface water activity or following a prescribed trial maintenance period.
E. The City of Tukwila may redeem financial guarantees provided in accordance
with this provision in whole or in part upon determination by the Public Works
Director that any or all of the following circumstances exist:
1. Failure on the part of the party providing such financial guarantee to fully
comply, within the time specified, with approved plans and /or any corrective or
enforcement actions mandated by TMC Chapter 1430; or
2. Damages to public or private property arising from the activities for which
the financial guarantee was required.
14.30.130 Insurance
A. if in the opinion of the Public Works Director, the risks to property or life and
safety associated with a proposed development activity are substantial, said official
may require the property owner to purchase liability insurance coverage in the
following minimum amounts:
1. Bodily injury Liability $1 million per occurrence.
2. Property damage liability $1 million per occurrence.
B. The Public Works Director may require higher policy limits than set forth in
TMC 14.30.130A in those cases where the minimum amounts are deemed insufficient to
cover possible risks. All insurance policies obtained in accordance with these
provisions shall name the City of Tukwila as an "additional insured," and shall be
written by a company licensed to do business in the State of Washington. Neither
issuance of a permit, nor compliance with these provisions or any other conditions
imposed by the City relieves any person from responsibility for damage to persons or
property otherwise imposed by law, nor for damages in an amount greater than the
insured amount. Issuance of a permit shall not form the basis of liability against the
City for damages to persons or property arising from the development activities
permitted by the City or otherwise undertaken by any person.
14.30.140 Exceptions
A. Requested by Applicant.
1. The Director may grant a written exception from any requirements of TMC
Chapter 14.30 if there are exceptional circumstances applicable to the site such that strict
adherence to the provisions contained herein will result in unnecessary hardship and
not fulfill the purpose of TMC Chapter 14.30. The cost to design and construct the
improvements shall not constitute hardship and shall not form the basis for an
exception.
2. The applicant shall provide the Director a written request stating the
specific exception sought and the reasons supporting the exception.
3. The Director may grant an exception to TMC Chapter 14.30 only if all of
the following criteria are met:
a. Strict compliance with the provisions of TMC Chapter 14.30 may
jeopardize project feasibility and reasonable use of property;
b. Proposed drainage facilities are consistent with the purpose and intent
of TMC Chapter 1430;
Surface Water 10 /14/04 Page 8 of 10
c Granting the exception or standard reduction will not be detrimental
to the public welfare, public safety, existing drainage systems or other property in the
drainage basin; and
d. The recommendation of a registered civil engineer supports the
exception.
B. Low Impact Development.
1. In order to achieve the City's goal of increasing the amount of
development with less impervious surface, the Director may approve exceptions to
Public Works standards, including street standards. Exceptions requiring approval
under the land use codes, such as parking and landscaping, must be made to the
Department of Community Development.
2. The applicant shall provide justification for each exception and shall show
PP P justification P
that the project meets all other TMC requirements, and that the project has a reasonable
assurance of long -term success.
3. Each exception shall be assessed on the following criteria:
a. The result will compensate for or be comparable to surface water flow
control and treatment that is in the public's interest
b. The exception contributes to and is consistent with achieving low
effective impervious surface area within a development;
c The exception contains reasonable assurances that low effective
impervious surfaces will be achieved and maintained;
d. Granting of the exception will not threaten public health and safety;
e. The exception meets or is consistent with generally accepted
engineering design practices;
f. The exception promotes one or more of the following:
(1) Innovative site or housing design;
(2) Increase on -site surface water retention using native vegetation;
(3) Retention of at least 60 percent of natural vegetation conditions
over the site;
(4) Improved on -site water quality beyond that required in current
standards adopted by the City;
(5) Retention or recreation of predevelopment and /or natural
hydrologic conditions to the maximum extent possible; and
(6) Reduction of effective impervious surface to lowest extent
practicable.
g. The exceptions do not present significantly greater maintenance
requirements at facilities that will eventually be transferred to the public ownership;
h. Covenant, conditions and restrictions necessary for native growth
protection easements, impervious surface restrictions, and other such critical features
necessary for the exceptions will be recorded against and will be binding against all
affected properties.
C. The Director may require a monitoring and evaluation plan in order to
measure performance of specific elements in the exceptions.
D. The Director may require a performance bond'for 150% of the installation cost
of the exceptions.
E. The Director may require a two -year maintenance bond for 20% of the
construction cost.
14.30.150 Liability
Liability for any adverse impacts or damages resulting from work performed in
accordance with any permit issued on behalf of the City of Tukwila for the
development of any site within the City limits shall be the sole responsibility of the
applicant.
Surface Water 10/14 /04 Page 9 of 10
1430.160 Penalties
The following penalties shall be applied in whole or in part for the violation of
permit conditions or for the failure to obtain permits required for activities regulated by
TMC Chapter 1430. All remedies shall be considered cumulative and in addition to
any other lawful action. Each day that a violation of this code is committed or
permitted to continue constitutes a separate offense to which both the civil and criminal
penalties set forth below shall apply.
1. The violation of or failure to comply with any order or requirements made
in accordance with the provisions of TMC Chapter 14.30 is a civil violation. The
provisions of TMC Chapter 845 shall be used to enforce this code.
2. It shall not be a defense to the prosecution for failure to obtain a permit
required under TMC Chapter 14.30, that a contractor, subcontractor, person with
responsibility on a site, or person authorizing or directing the work, erroneously
believed a permit had been issued to the property owner or any other person.
14.30.170 Abatement
The City may abate any surface water activity that is deemed a public nuisance and
is performed in violation of TMC Chapter 14.30 or any lawful order or requirement of
the Director.
14.30180 Injunctive Relief
A. Whenever the City has reasonable cause to believe that any person is violating
or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or
issued pursuant to TMC Chapter 14.30, it may, either before or after the institution of
any other action or proceeding authorized by TMC Chapter 1430, institute a civil action
in the name of the City for injunctive relief to restrain the violation or threatened
violation. Such action shall be brought in King County Superior Court.
B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall
not relieve any party to such proceedings from any penalty prescribed for violations of
TMC Chapter 14.30.
1430.190 Appeals
The appeals process for /by any person aggrieved by the action of the City is
provided under TMC Chapter 8.45, "Enforcement."
Section 3. Repealer. Ordinance No. 1755, as codified at TMC Chapter 1430, is
hereby repealed.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre- empted by state or federal Mw or regulation, such decision or pre
;r emption shall not affect the validity of the remaining portions of this ordinance or its
application to other persons or circumstances.
+j.. Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST/ AUTI- IENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk
APPROVED AS TO FORM BY: Passed by the City Counra.
PublishnA
Effective DF fa
Office of the City Attorney Ordinance Number
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