HomeMy WebLinkAboutCOW 2004-10-11 Item 4B - Ordinance - TMC Chapter 14.30 Surface Water Management COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 04-139 I ORIGINAL AGENDA DATE: OCTOBER 11, 2004
AGENDA ITEM TITLE Adopt Ordinance amending Surface Water Management in TMC Chapter 14.30 and
repeal Ordinance No. 1755
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing El Other
Mtg Date Mtg Date Mtg Date Mtg Date 10111/ 04 Mtg Date Mtg Dote Mtg Date
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal POR Police PA/ I
SPONSOR'S The Surface Water Management Ordinance needs to be updated to adopt standards
SUMMARY including the King 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 COW Mt CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/8/04 9/21/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance updating Surface Water Management
COMMITTEE Forward to COW and then Regular for adoption
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION j
10/11/04
I
1
I
I MTG. DATE ATTACHMENTS I
I 10/11/04 Information Memo dated September 8, 2004 (revised from UC)
Surface Water Ordinance
Summary of Changes and SEPA Determination 1
Utilities Committee Meeting Minutes from 9/8/04 9/21/04 1
I Comprehensive Surface Water Management Plan available upon request
I
A
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: September 8, 2004
Subject: Surface Water Management Ordinance and
Comprehensive Surface Water Management Plan
ISSUE f
This ordinance adopts the 2003 Comprehensive Surface Water Management Plan.
BACKGROUND
Surface water regulations and practices have changed since the Tukwila City Council adopted the
current Surface Water Management Ordinance and the current Comprehensive Surface Water
Management Plan (1993). These changes include:
· In March 2003, the City applied to the Deparl~ent of Ecology for a Phase H National Pollutant
Discharge Elimination System (NPDES) Permit.
· In November 2003, CH2MHill completed the new Comprehensive Surface Water Management
Plan.
· The Growth Management Act requires the City to adopt one surface water standard.
The Comprehensive Surface Water Management Plan is the basis for the surface water element of
the Comprehensive Land Use Plan and the Surface Water Management Ordinance. The ordinance
contains provisions to ensure that activities within the City comply with current regulations including
the Growth Management Act (GMA), the Clean Water Act, the NPDES, and the Endangered
Species Act.
On July 23, 2004, Public Works received a SEPA determination of Non-significance for the
Comprehensive Surface Water Management Plan and for the Surface Water Management Ordinance.
ANALYSIS
1. COMPREHENSIVE SURFACE WATER MANAGEMENT PLAN
The plan is 21 pages long followed by five appendices that contain the supporting documentation
for the plan. The consultant, CH2MHill, was asked to assess current conditions in the City and
expected changes, and to provide a plan to help us get where we need to go. The following
summarizes the plan and the appendices following the order in the table of contents. All maps
are available in GIS, however, none of them were based on GPS survey data.
Page 3 Drainage Basin Characteristics
Describes and maps drainage basins. Figures 3 and 4 show areas where infiltration is
restricted and Level 2 detention is recommended.
Page 9 Surface Water Issues
Describes surface water issues in the City: 1) flooding, 2) fish habitat, and 3) water
quality.
Page 11 Regulations and Policies
Explains existing and forthcoming regulatory requirements for the City. This section
discusses two Department of]Ecology programs: 1) National Pollutant Discharge
Elimination System Phase II permit (NPDES), and 2) Total Maximum Daily Load
(TMDL) Program, and the federal Endangered/Species Act.
Page 13 Storm Drainage CH' Projects
Provides overview of the Capital Improvement Project list. Figure 5 locates the
projects, shows the ranking, and shows what surface water issues each project
addresses. Tables 4 and 5 show the ranked 412 fund and 301 fund projects. This
section also summarizes the potential for Low Impact Development within the City.
See Appendix C for more information.
Page 18 Operations and Maintenance
Summarizes the survey of all City activities that could affect surface water. See
Appendix E for more information.
Page 20 Recommendations
Table 6 summarizes the requirements and recommendations for the City's surface
water management plan.
Appendix A Annexation Review
Describes the two possible annexation areas and recommends creation of an inventory
and a base map in GIS.
Appendix B Regulations
Discusses in detail the regulatory requirements that apply to the City.
Appendix C Capital Improvement Projects (CIP)
Summarizes the supporting documentation for the CIP. The four attachments contain
the documentation.
1. Page C-27 Attachment A - Surface Water Management Issues
2. Page C41 Attachment B - CIP Projects
3. Page C-53 Attachment C - Project Summaries and Cost Estimates
4. Page C-165 Attachment D - Project Ranking
Appendix D Low Impact Development
Discusses Low Impact Developmem and provides some City projects where LID
techniques could be applied.
Appendix E Operations and Maintenance
Describes the City's current operations and maintenance and contains a rough
inventory of the City's surface water infra§tructure.
1. Page E-15 Attachment A - Annual Operation and Maintenance Costs
2. Page E-19 Attachment B - Survey Fonns
3. Page E-23 Attachment C - Pollution-generat ing Activities and BMPs
SURFACE WATER Mu~NAGEMENT ORDINANCE
This ordinance repeals all previous surface water ordinanceS. It aims to:
1. Simplify the language, consolidate similar items~, and organize the information so that
it is easy to fmd.
2. Adopt standards, rather than adopt a summary of the standards.
3. Ensure the ordinance does not limit Public Work's ability to regulate surface
water/drainage within the City.
4. Ensure the ordinance meets NPDES, GMA, and other applicable regulations.
Section 1. Plan adopted.
Adopts the Comprehensive Surface Water Management Plan described above.
Section 2. Regulations established.
14.30.010 Authority
Gives the Public Works Director the authority to administer this chapter and spells out the
actions the Director may take.
14.30.020 Purpose
Amended to match the Comprehensive Surface water Management Plan.
14.30.030 Del'tuitions
Contains definitions used in the ordinance and new or modified definitions such as "Low
Impact Development" and "Critical Drainage Area".
14.30.040 Applicability
States that the ordinance applies to all activities that could affect surface water.
14.30.050 Compliance
States that the ordinance contains minimum requirements and that the City must comply
with this ordinance, except for obtaining permits.
14.30.060 Discharges
Defmes accepted and illicit discharges to surface water within the City. This section helps
with development permits and enforcement and will help the City meet the NPDES Phase
II permit.
14.30.070 Standards
Adopts specific standards, including the 1998 King County Surface Water Design Manual.
The City will review and determine if it wants to adopt the new King County manual
(2004 or 2005), once it is adopted by King County.
14.30.080 Permits
Defines what activities trigger a permit and when an engineer is required.
14.30.090 Facility Maintenance
Allows the Director access to all sites, sets maintenance standards and approval process.
14.30.100 Special Drainage Fee
Allows the City to charge for maintenance of storm ~rainage facilities "turned over" to
the City.
14.30.110 Inlet Marking
Sets standards for inlet marking to help the City meet expected NPDES Phase II permit
requirements.
14.30.120 Financial Guarantees
Defines financial guarantees Public Works can require for some activities within the City.
14.30.130 Insurance
Provides the Director the authority to require insurance for risky projects.
14.30,140 Exceptions
Provides a process for exceptions to this ordinance and adopted standards. This section
includes a process for Low Impact Development.
14.30.150 Liability
Places liability with the permitee/developer.
14.30.160 Penalties
Restates 14.30,270 of the current TMC.
14.30.180 Abatement
Restates 14.30.280 of current TMC.
RECOMMENDATIONS
Approve the ordinance and forward to the Council with a recommendation to approve.
Attachments:
Draft Ordinance
Snmmary of changes to current TMC 14.30
Comprehensive Surface Water Management Plan (available upon reques0
SEPA Determination for Draft Ordinance
SEPA Determination for Comprehensive Surface Water Management Plan
L i t EUX 7
AN ORDINANCE OF llit. CITY COUNCIL OF 111E CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 1755;
xr
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
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
y., 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 2. Regulations established. New surface water management provisions, to be
codified at Tukwila Municipal Code Chapter 1430, are hereby established to read as
follows:
Chapter 14.30
SURFACE WATER MANAGEMENT
14.30.010 Authority
14.30.020 Purpose
1430.030 Definitions
1430.040 Applicability
14.30.050 Compliance
14.30.060 Discharges
'sr<: 1430.070 Standards
14.30.080 Permits
14.30.090 Facility Maintenance
1430.100 Special Drainage Fee
`s> 14.30.110 Inlet Marking
1430.120 Financial Guarantees
1430.130 Insurance
14.30.140 Exceptions
1430.150 Liability
14.30.160 Penalties
14.30.170 Abatement
14.30.180 Injunctive Relief
14.30.190 Appeals
Surface Water 10/8ro4 1
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 en ...ent 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 federallaw;
4. Fulfill the City's responsibilities as trustee of the environment for future
generations;
5. Promote the health, safety and welfare of the public;
6. 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 Wafer 10/4/04 2
14.30.030 Definitions
Unless specifically defined below, words or phrases used in TMC Chapter 1430
shall be interpreted using the meaning they have in common usage and to give TMC
Chapter 1430 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 1430 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 Wate /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
i f 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 10/4/04 3
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.
18. "Sediment" means fragmented material originating from weathering and
�5{ erosion of rocks or unconsolidated deposits, which is transported by, suspended in or
i >G`> deposited by water.
19. "Sedimentation" means the deposition or formation of sediment.
20. "Single- family Residence" means a project that constructs or modifies one
>ri single family dwelling unit and /or makes related onsite im v.....ents, 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.
.5":::10; 22. "Storm Water" means surface water
23: "Storm Water Drainage System" means conveyance system.
24. "Surface Floe' means flow that travels overland in a dispersed manner
(sheet flow) or in natural channels or streams or constructed conveyance systems.
:::11 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.
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.
1430.040 Applicability
TMC Chapter 14.30 applies to all activities occurring within the City limits that
could affect surface water.
1430.050 Compliance
A. TMC Chapter 1430 contains minimum requirements. The requirements do not
replace, repeal, abrogate, supersede or affect any other more stringent requirements,
g;`:.. 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 10/4/04 4
C. pliana anegulations, dards
manuals Com adopted by ce th with e City TMC does Ch not pter necessar ily d mitigate related all r impacts to hum health and
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
14.30, 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, anyi 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;
2. 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.
'1 Surface Water 10/4/04 5
14.30.070 Standards
All activities within the City shall be undertaken in accordance with the following
minimum standards, except that dependi ort a project's possible impacts to public
arid environmental health min safety, the Director may require stricter standards:
1. The Elimination S
City's Discharge vo ystem (NPDES)
permit.
I The 199o r^°"i-,q1'�'.,^
reference uxifhzDy set forth lx�eexcept 8sd,onlens the context indicates otherwise,
by
Hkc"county uod" County" shall refer Lo the City n6 Tukwila and exce9t as
ooeocux�bu th Ewa'�^`�/^~�°npn"lo tn`, r �a°/� r)pg' ar
�n�o .jurt
CI The Duector will review subsequent amendments, revisions and versions tv
the lo98nt:_gr' ~y Spr6,"Wa,^,r>rciCvxx»n/`al and will adopt these as needed and
as applicable.
3. The Department of Ecotogy s Surface te
Washington, w�dcbouayheosed8�pzojoctde/8� foDowioO approval hy 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 mita Vt7,-wirc ri
Prliddfinng and npaign arid ronci-rnrtinn Sfandarda, The Director will review
subsequent amendments, revisions and versions to this manual and will adopt these as
applicable.
5. otuodazdumo�co' `abvnsbzspecU� ort�such no ���-rr-----
report and the Technical Informatiort Report, and design cnteria contained m the
Comprehenswe Surface Water Management Plan or dramage basm plans
14.3(1080 Permits
A. The application for and issuance of a surface water/storm drainage permit
constitutes the administrative mechanism for the enforcement cnthe
provisions
contained herein. Such permits shall henon~bunufe�z�e without approval ofthe Public
Works Director, and shall be lrnuted to the specthc activities for which they are granted.
8. Activities that trigger drainage review pursuant to the 1 99R King Cninty
SUL -C^^^m ^p ,npai g ox x^nnxl rnInizeapernuit.9eooituypliraUvosbaDbeouadetndbe
City's permit center.
C. All plans, drawings and calculations shall be prepared, stamped,
dated by a registered professional engineer, licensed in the State of W
single-family residence that is not in a sensitive area and does not trigger drainage
review may be exempt from this requirement.
D. The submittals for the pennit must meet or exceed the minfmum criteria in the
1998 n'/ttrr-'"tyc Man"nt and the City's Development
Guidelines and Design and Construction Standards The Director may require
additional submittals to those described therein.
Eplans upczobtmd
project require revision submittal the City for approval before the changes are
14.30.090 Facility Maintenance
A. All Facilities.
T. The Director has unhmited uccesv ntaDreuaonubletboe»`toony
property whenever the Director has reasonable cause to believe violations of TMC
Chapter 14.30 are present or operatin n a subject property, whenever necessary to
malce an inspection or perform activities to enforce any provisions of TMC Chapter
14.30, whenever necessary to monitor proper function of drainage facilities, or
whenever the condition af a surface water system presents nmmnent hazard
Surface Water 10/4/04
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. Mamtenance of private facilities and best management practices are the
responsibthty of the facihty owners
4. If the property owner(s) does not maintain the fadiity as prescribed in the
approved maintenance schedule, the Director may issue a written notice speci the
�o completion of specified f
r�gob�8axdooauodo�Uio�ubzucinaue zco u000 �ycoeac�noo��
these corrective actions are not performed in a timely manner, the City or a private
contractor hired by the City may enter the property rform the actions and bill the
property owners(s) for the cost of the work In the event the Director determrnes a
hazard to pubhc safety exists, written notice is not required
8 New Facilities
1. For privately-owned 6acdib Applicant shall provide amonitoring
aodoszbdxzsazceschedule for the l�eof each mo�orvratez6� \management
�h�ezemdtb�uf�onu8n�dvr'y^�zueot&tuoz�donoo,theocbcdnleobulldeocrO�e
�za resulting
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 all reasonable times, to the facihhes for inspection by the Public Works Department.
3. The Director shall review und 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 dramage infrastructure that requires upkeep m excess of
normal mamtenance, the City has the right to charge the benefitmg parties a special
dramage fee, m addition to the 'nozoo8aodacewmhercbazge,asucooddivuo6
turnover m order to cover costs for this mamtenance
1438110 Inlet Marking
A. All new inlets and catch basms, public or pnvate, shal be marked No
Dumping! Drains to Stream"
B Thristing inlets and catch basins, in areas being resurface& or when being
modified v, replaced, shall marked "No Dumping! Drains
C The marking shall meet the standard in the Cfty s Development Guidelmes and
Design and Construction Standards
14.30.120 Financial Guarantees
A. The Public Works Dfrector may require bnorthe applicant a surety, cash bond,
irrevocable letter ofoedit means City,
prior to approving the permit.
B. The amount of the financial guarantee shall not be les than the total esmated
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.
ha±ards, the Public Works Directdr may require uzc provision of tmancial guarantee
letter w credit, rc.) with the City mitigate uld they occur.
The following provisions shall apply in instances where such financial guarantees are
required:
1. Such bond or other proof of financial guarantee obxOootexceedl5A%of
the estimated cost of constructing and maintainirtg dbone improvements vrlicbnreUue
source of the risk or potential hazard; provided that, in the case of surface water
Surface Water /umm* ^7^
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.
1 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 a plans and/or an
P rr����— P any corrective or
enforcement actions mandated by TMC Chapter 14.30; or,
1 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 1430 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 Directo3 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 14.30;
Surface Water 10/4104 a
c. Granting the exception or standard reduction will not be detrimental
to the ublic welfare, public safety, existing drainage systems or other property in the
P P t3'• g g Y P P t3'
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
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 fhe following criteria:
a. The result will compensate for or be comparable to surface water flow
control and treatment that is m the publics 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
f 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;
K 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 10/4/04 9
14.30.160 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 14.30. 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 8.45 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.
14.30.180 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 14.30, 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.
14.30.190 Appeals
The appeals process for /by any person aggrieved by the action of the City is
provided under TMC Chapter 845, "Enforcement"
Section 3. Repealer. Ordinance Na 1755, as codified at TMC Chapter 14.30, is
hereby repealed.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase
'f r 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 law or regulation, such decision or pre
emption shall not affect the validity of the remaining portions of this ordinance or its
application to other persons or circumstances.
Section 1 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
r`. 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 AUTHENTICA 1 ED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk-
APPROVED AS TO FORM BY Passed by the City Council•
Published
Effective Da -P•
r'. Office of the City Attorney Ordinance Number
Surface Water 10/ 8/04 10-
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
Chapter 14.30 Chapter 14.30
STORM WATER MANAGEMENT STORM WATER MANAGEMENT
Scctlcns: 14.30.010 Authority
~,~4;M~t0__T4t4e 14.30.020 Purpose
~9¢;~30-P4~l~se 14.30.030 Definitions
~ 14.30.040 Applicability
14 ................... s 14.30.050 Compliance
............... ~ ....... ~ 14.30.060 Discharges
r, ....... D ........ . ......... .~ ...... ~ 14.30.070 Standards
14.30.079 ,., r,~,-~,
............... =~ 14.30.080 Permits
lA ,~n ~n n~ ..... o,~,,~ .... c~..,,u!rcments
................ = ............ '* 14.30.090 Facility maintenance
........................ = ...... s 14.30.100 Special Drainage Fee
14.30.!!0 e,,,,~, n,o~ .... D,,,~,~, D .... ~ .....,¢ 14.30.110 Inlet Marking
14.30.!20 D,.,~,~, ^,,,~,,-,~,, 14.30.120 Financial Guarantees
14.30.!30 ^""';"~*~"" ~"'~*"'~' r~,..~ .... D,.~,,~ '4.30.130 Insurance
14 ....... 14.30.140 Exceptions
14.30.!50.~-,' ......... ,~ ~.~ ~,~,~,~.~.,,. ~.--,,,--~r~'"~ .... .~crm!ts 14.30.'150 Liability
.~. . -=.- - . -~ 14.30.160 Penalties
14.30.!70 e~,--~, n
.............. = ............. 14.30.170 Abatement
........... ~ 14.30.180 Injunctive relief
14.30.!80 Storm DrainaGe Pcrm!t
14 ...........~. .......... ., ......... ~ .............. 14.30.190 Appeals
14 ............. = .... ¢ ........
14.30.220
!4.30.290 ~'-~ .... *~'"'
14.30 ......... n~,~ -r~,~. See Section 2. of the ordinance
4.30.020 D ...... ,~ See 14.30.020 Purpose
..,.,~..i ~,.,~/ .......... x ...... ;~'"30t$ t" "~'"'+" an~ Updated to match new Comprehensive
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC . I PROPOSED ORDINANCE
Surface Water Management Plan.
3. Est3b!{sh ~nd ~nforc~ storm dra'nag~ st~nd~rdc for
c .... "' ~C"* t~ ~it'-' of Tukw' a e*~.m
(Ord !755~w"~m
~ See 14.30.040 Applicability
..... CL¢ ..........
to control m~.~ ~.~--.~ -~*,,,,*'ss w:th',n tho '*"
!4.30.040 n,,~:m*i~,., See 14.30.030 Definitions, 14.30.070
[~f th .......... ~ T~r' r"h.,,-,*..-- '~ 4 qn. Standards
i~ ~¢ :~J,¢:l,:-~-~ ~,wi ,~]*,1 Removed definitions that are in the
...... , ~ ~mm:~s standards adopted in 14.30.070 Standards
[~¢''1 .... ¢~r ~,1¢~ ~ n~,Uf3 ,,¢~¢ ~:~:¢~1 ~f~' '¢*"'1''' removed definitions not contained in the
u ...................................... = .... ~ .......... ¢' remaining definitions to
dl~ ..... ' '~.~¢...m~.m, ordinance, updated
~,~u/~u~~ b~d.m2~=~omc~Prc=~/cos Tho~ match currently-used definitions.
2. A~ .....
hou .............................. ~ ~ ..................
do~ ~,~ .......... ~, ~¢ ...... ¢ ......................
14.30.
2
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposee Ordinance
CURRENT TMC PROPOSED ORDINANCE
8. C. ...... ~ .... ; ................. - ..... , u .... , u .......
3pp ................ = ...........................= ~' .............
do; ~.~,., ........ ~ ................................. '-' ....
Indu~,, ,u ........................................ ' .....................
17. r~...; ............. ^n ............ ; .............
propcscd ,4.~ ..~ .....,,,- .... ~ .... with thc~,'~'"~..,. .... ,~,,
roqu ....................... ~. .............................
W~lt~, ~ ..... ;, ~ ......... ~ ...................................
3
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Prc )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
· Ers ................................... · ..... ,-, .... · ~,
.................................. ~ .......
4
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
.CURRENT TMC PROPOSED ORDINANCE
32. Plan Sec _,,~g~n ...... ~ .......
Pc ............ · ....................~h .........
w ........... ¢ ~ dr ..... ~ ~¢ ..................
pM ............: ~3,~.~, .......... , .............................
plp~, ~ ........... ~.~.: ~, .R ....... ¢ ~ b .......... , ............... '
38 .......... ~ ................... ¢ ...... ~ ...........
do~ ~,~ ................. ~ ............... ' ................. ~ ............
build,, 'u .................. ~ ...... ~ .........
....................... 2clh
dof ...... J ......... F
4~. e~*m A t~G31:}' ~ ..................... F'~F~' '~ .........
5
TMC 14.30 SURFACE WATER MANAGEMENT
Corn parison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
T,~C !.~ qn n~n, n~n
47.
Stcr,,~,
tO ..........
53. TO..,,- ....
tr .......
6
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
56. ,,~, ....... d T~,~*~,*--,I ,4~; .... -- ...... ~,..3t~ ,e -
57 ........... &n 3r
..... so ~f ......hap .................. - ...............
· '. -'. -'-d
rot .............. ~ ............................. z ................
..~. ~.~ ~-- ,~ ~, .... ~-~ ~-fiv!t" to occur thst
5g. ~z"* ..... I~ ' ....
....... , ~, ~ ,.,~*~-; ........ ~ ~" ~ !id which ~'~
fro ............ u ........... ¢, , ......... ~ .... ~ .......
(Ord. *~5~¢""m 1995)
14.30.050 r~.~.~ - D..,,; ...... ., n.~; ....o..~.~* o .... c~ See 14.30.070 Standards
De ....~ .............................. propose .......
A. ~ ..... *~ ~ *~ City ~¢ T,.,.,.,.~
.~;...~ ~* *~ .... +.; .........~,~ ..~ ¢~ .... , .....~ This is a n incomplete and outdated
~,;,,l¢~ i;.,~a i. m~*C * ~ qn hen .~.,;.~ ~ H-~; ...... view summa~ of the requirements in the 1998
..~ nn ¢ ....... ~ .....,~ ~ King County Su~ace Water Design Manual
¢cc ~*¢¢ ~ ~n non nnn ..... 1 .......
¢ ....,.,,*,;~ -¢ dra~na-c f3d!it!es w' - .... ,, ¢.~ ,~ adopted in 14.30.070
14.30 .........
.070.
7
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro posed Qrdinance
CURRENT TMC PROPOSED ORDINANCE
Land ,~,!t~dng, =nd .......... +~,-' -,,~'"'"ds ;v!!! bt; ..... ~; ....
.............. u ................... '~ ....... See 14.30.070 Standards
~ .... ~ ....., ~,i,,;*~-~ i;~.~ ;- m~ ~ ~ ~n n~n~ ,,,~;~h ...... ~. T~is is an incomplete and outdated
.... ,~. ~ nnn ~ ~.~ ~* ~¢ ..... ~ .....~ .... summa~ of the requirements in the 1998
1. Add .................. ~ ...................~ ........
s.,~ ...... King County Surface Water Design Manual
2 C~,~. ~ ...... *~o* .... ~ ..... ~ ~* ....... *~ (KCSWDM), adopted in 14.30.070. The
~¢ .... ,k~. ~ ~nn ....... ¢~-*' ~. land use actions are covered under the
~, ..... ~,, ~, ~o~ ~*.~3m ~ ~o ,::~d3nd ~- drainage review requirements in the 1998
, ~ .................... u ............. ~' ~ ............... ~ ~' The KCSWDM requires drainage review
.... ~ ...................................... based on imperious surface, uso, and
..........~.....~. ~.~,~, locations such a8 sensitive areas.
~d.30.
· . h-! ~: ~ -;
14.39.979 ,,~;. r~;~. ..... See 14.30.060 Discharges
/r~..~ ~-7c~ ~/..~.*~ ~ ~ New ordinance lists allowed and illicit
~ ........ ~' ~' '~' ' ~ discharges. Will aid in implementing the
NPDES permit. ~,,~,., ~ (~F((U
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
1~ qn n~n r~; .... o~.,,~ .... o .......... ~o See 14.30.070 Standards, 14.30.140 A
STC .................................. Exceptions, 14.30.090 Facility
~ ...... ,;,,~*;~- -~,, ~ ~ .................... da ............... Maintenance, 14.30.100 Special Drainage
~,,~,,,; .... ;,~.~ ~-~ ,*~-~-~-- Fees, 14.30.120 Financial Guarantees and
1. ~-~="~';*~'~ ~* ....... * ........... * ......... TMC165~TMC1845.~ ~/-
~,~, m~,,;~ .... ~ ~ou ~,,~ ..... , ,~ ............,~ ~ ,~ 1998 KCSWDM Adopted in 14.30.070
Tuk .......... ~ ............................... u .................. z
..... ¢ ....... u .................................................. ~ See 14.30.070
....... ~ ........................ = ............. See 14.30.070
n ....~ ..... , Deleted. Retention and water quality per
QCCO .............. ~ .......... z ...........
St3ndcrds. ~the 1998 KCSWDM adopted in 14.30.070.
See 14.30.140 A Exceptions
A r~ ............. ¢ .... ~ ...... , .................... Allowed under Exceptions. This option has
c ............. ¢ ............... ~ ............................... not been used by developers and the City
~,,~¢~*~ ,- ~*~- ¢ * ....~ .... ~ .....*- 2.!c~ ................. has limited sites appropriate for re onal
.................. u ............. ¢ .... ¢ ....................~ ....... detention.
, ,,, ~, ~k ~ *k~ ¢~,,~,,,; ..... ~ -~u~r~monts wh;~k 3m
~..-~ .... ;~ ,.,;- ~.~..~*~;' ...;* ,~,.,.~ ~-,,~e' ,~- ~-+~,..~.~. ~.~..~" ,.,_,,.~.,~ ..... ,- 14 .30 .070 adopts 1998 KCSWDM , which
D¢~c;,.,~ ..................................... = ....... contains the complete Core Requirements.
~ pro~ .... I ............................ ~ ................ ~ .......
subm~ttod with tho ;";*:~' ....;* ~;~*;~"
9
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
CONt .................. ~ .......· .... '~ ..... ~ ....................
and ....¢~,, .................... = .................
mcr ...... :, ~0% ........... · ................... · ......
tributa."/off ~*"
prc~ ....
Included in 1998 KCSWDM.
6. ~"* ........ ~ ..... ,,~- See 14.30.090 Facility Maintenance
fc ......... p .................................
b. Spod~ m-~;~3~ ?~' ~A/~- *k~ ~;* ....... *~ See 14.30.100 Special Drainage Fee
See 14.30.120 Financial Guarantee,
7. ~,~ ~.~/~*., ~, ~.~; .... ~"~*~ ~ ..... ;~** 14.30.130 Insurance
.~.~ ...... * ~ ~ nn~ ....... ~* ....... ~ ~ .....~ ....... ~ ~ee 14.30.070 Standards
10
TMC 14.30 SURFACE WATER MANAGEMENT
Corn parison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
,b,,,,~ ~,,~;~;~ Ccdo o~ by th3 ............ ~ See 14.30.070 Standards, which include
~n n~m ~ ~ ,,~;.~ ~; ........ "*~n the Comp. SW Plan and drainage basin
pt
.............. ~ by .......... ~ ...... 14 30 070 Standards ado s the 1998
.... ;~* ~-~; ........ ?w ~"~ ........ ;"~ KCSWDM, which includes Large Site
;- ~cordcnc= with an" c-=c'3 Drainage review and Master Drainage
............................. ¢ .... ~ ..... ¢ .............. ~
~ ~" ~d ........ ; .......... [['' ~:~- See 14.30.070 Standards
.......... ¢ i ..... : ....... ¢~¢~ +k~+ ,,,;11N~ See 14 30 070 Standards.
......... + ...... ~ ¢~.m¢ ~.~ 1998 KCSWDM
11
TMC 14.30 SURFACE WATER MANAGEMENT
Corn parison of Current TMC ' 4.30 to Pro ~osed Ordinance
CURRENTTMC PROPOSED ORDINANCE
proj ....r ...... ~. .............. u ........... ~-. ~J ........
.... , ..... ~, ...... , ...... ~, ....... ~ .....~. ..... ,~ ,.,~. ....... ,......,4 ;o See 14.30.070 Standards,
' ~. - =~':-, 1998KCSWDM
;~. ,~ ,.~,~* ~ ....... *~-~ .... * ..... . .............[~*" ~w3!c S~e 14.30.070 Standards.
~.~. ~;~-~ .... ~.~ ,~ ~* ~*~ 1998 KCSWDM
C/c ..... ~ ............ ~, -~ ................ ~ ......
]~[~; ..... m~ ;~ ,k~ ~, .~ ~,~. ~. ~ ..... ] ~ee TMC 16.52 for flood zone regulations
con ...................... , ......................... ~ ........ ,
,.,;+~ m~,~ ~,~. ~ ~o ~ ~;~ ~ ........ + ~.~ ;. *h~ See 14 30 070 Standards
Geotechnical
for
su~8c8
~:~ water facilities in the 1998 KCSWDM. DCD
for
.... ,.,,..~. ~¢..~.~ ¢~. a.~--~ -~*-~[ .... ~-~*-~*~- .sensitive areas and structures. Customer
. .,~/~..~.,~ ...... ¢ a .......... * .... *~ ~k ..... * ....~-~ Assistance Bulletin B4 contains specific
/~ ~ ;~ ,k~ ~, .~ ~A/~+~. ~;~ ~ ..... ~ ,.,;.k;~ oan ~* requirements for ' ""lnvesugauon
and
repoK.
fro .........
12
TMC 14.30 SURFACE WATER MANAGEMENT
Com panson of Current TMC 14.30 to Prc )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
12. o..;z..,.o~,.,-;.. ,'.*,.-' r~"~."t i¢~.,, o,.a .... ,~...,-,.,;,.,., o
pro~ .....................~.
pro .................. ~ ............... ~ .....................; .......
'~"~ '""t~' "0!!~ ................................ ~' ......
cont ......... ~.
~A '~n r~n ~.m~ r~.~; .... ^'"3~ 14.30.070 Standards adoptsthe 1998
D .....~. ................................................ KCSWDM and includes the Comp. SW
Inc ................
prc~.~.., .~ ~ ........ ~ ............. , ~ ..........................
tho ......... ~ ...... ~ ..................~'
torres 3nd ....................... ~ .........
(Ord. ~== ~!/"~ ~n~=~
~. ~ ....... ~ D .... ~*~ See 14.30.050 Compliance
14 30 100 ........
A. St .................... on ....... , .............. ¢ ......
~h311 ~,¢ ...... ~' ~ ~ ........ . ,.30 .........
C. b ................. ~ ........... ¢ ..................
13
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
14,~9.! !9St~rm r~,,~ .... p~,,-,,~ D .... ; .....~o
See
14.30.070
Rt~nd~rd~
14 30 080
-r~.. ~,,~,.,; ....... ~, .... ~" """' ..... ................... "~*~"~ ~'~ ....u~ TMC 18.45~
.............. ~ ~ ................. ~.z Permits. ~ ~
3Ctl ...... ~ ............................................. _ ~ ......... z
proc .................... , .....~ ...................... ~ ......
Clx ................ ~ ..............................
Director .........~" '~"~ ' '"~*~ *~ *~ v~ ~ .... *"
14
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordins nce
CURRENT TMC PROPOSED ORDINANCE
14.30.!20 D~-,',~;* ^,,"'"alt" See 14.30.010 Authority, 14.30.080 Permits
(Ord. ~75~ ~o~,o,~, ~on~
See
1-4 Rn nlf~
Authnritv
14.30.080
14.30.070
Standards
c" ¢'" ,.,.,,,~.,,,4, .~;,, ..... mit 3"~'!ic3t!o~ form ,-rev!dod by the .'
o,,~*..- ~^¢.--~..- n.-....,*~..-,-* -n. ....,.-..*; ....... ~ ....... ~... *h~ These requirements in 1998 KCSWDM and
~.....,.,,.... in the Development Guidelines and Design
~ and construction standards
5, Wcrk ""~'"'~' "" ""'~ """"""'"*~ ..... * .-.-*~'--'-*"~
ooch ................. ~ ......
10. ~-,- ..............~ ....................................
........ ,. ......... ,.. .................. '~ .............See 14.30.070 Standards and 14.30.080
........................ · .... ,. ................... ~ermits
1. "*~"" ''~ .......,4 storm ...-.~,.m..~ :n These requirements in 1998 KCSWDM and
· ,~..,.,m..,4 ~.., .~.. ,m.,, ..~ in the Development Guidelines and Design
r~ ...... DI .... ¢;1~ ;.. ,~.~ ~nd construction standards
Tuk .......... . ..................
dr@,, ,wu
arc2s ........... ~ ...................... ~' ....................
basin flow paths.
15
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
5. LOC ......~"'~,..~.;'~""+;*;~"+;~'",..,,~.,~., "~, -,."" ..... ~" ~;~'~
rl13r13u .................. ~ .................. r- ......... ~ .....
6. Lc .......
Op ......................... '"' ~
for ................................u~ ~- .....
f3Clilt ............. r- ........................................ '~ ...... ~
comprc ......
AND MO,N[TOR!NG PROGRAM FOR EX!STLNG PR!VATF
16
TMC 14.30 SURFACE WATER MANAGEMENT
Cam panson of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
,.k~;~- o^~;~^~+ ~ ~+~+; ..... ~'"" ~'"" 3.%et the
of d ....................... ~ ................
funct ....... ~ .......d~,~,. ~ap .... ~ .............
b. G .... ~ ~..~o ....................
co~t ........ u ......... ~ ..... ~ .......... ~ ......... ' .............
' o f=c!Ft!os b
c. Tho ............. ~.~¢~,,¢ ........................
..... by
moR ....... ~ fi, ~ .....
17
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
,.,it~ T~ ~A qn ?~On I A~-.-. ~? ~;,,~+~ ~ ........ .~ ,~,in
3. O~ ......... ~ ............ ~ .............. ~ .....
/~,...~ ........................................ ~ ,
Co~. ,.~ ................. ~ ..................................
tO~ ......................................... ~ .................
3.
18
TMC 14.30 SURFACE WATER MANAGEMENT
Companson of Current TMC 14.30 to Prc Dosed Ordinance
CURRENT TMC PROPOSED ORDINANCE
5.
cur ..................................................
adv .... ~"~¢' ..... s'~tod ....
pro ......
S ....k~.Qt ...........................
SEPA .................................... ~ ......¢ ......~ ............
19
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
D~;~,~p,,~, ..................... ~ ~.~. ......... . ~..
octm, ..............
tho ............
on th
, t . ~ - :. : This processing language appliesto all
B.
~ ....
20
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TM C PROPOSED ORDINANCE
14.30,160 Amc~dmont See 14 30.080 Permits
14.30.!70 ~to,,~ n--.~ .... D,,,-~.,~* ~,,-~ 014
............ u .............. See .30.080 Permits
,-t,.... ,4r..i ..... I ..... n,.li.-o¢OR ¢,.r tk ..... i .... i .... k,..i.~,~ Type C permit fees set in Resolution 1499.
..... it ¢ ..... m .....~,4,* ¢,,, *k .... * ,*¢ ,,~ ...... i .... See Customer Assistance Bulletins A1 and
Th.. ~. ............... ,- ................... ~' ............
by ..... ~' ...........
.............. ~ ........................ See 14,30.010 Authority, 14.30.080 Permits
COD, ......... ~ ......... ~' ..................
not ........................................ · ...........
f311 ...........................
21
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
........... ~ .......... , .................. u .............. Deleted. The City does not comply
with
. .~= ........ ~ ............................ ~=~- ~ ....... ~ ....... ~ this. The 1998 KCSWDM makes the
Permittee
for
erosion
.... ~ ..... ~ ............... u .... / ................ ~ ................ res~ons,~,e
~*~'~ ~'"; ........ ~. *"'..~..~'~*; .... ~..*;"~*;~...~ ~ .... ~" ~";*;~'~' )revention and sediment control
1. P ...... inspections.
,~;,~,~ Each permit that PW approves is issued
3. c~,~,,,~ ....,-,-+;*- -~ *, * ......... **,~ ~-~; .... with the applicable inspections and
~ conditions.
(Ord ~c= ~"~"~ "an~
.......................................... See 14.30.010 Authority
See
14.30.010
A thnritv
........ ~ .... ~ ........ . .u.___..,
22
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
ac,,. ,.·, ~pc .................................................
(Ord. *'~5 ~ .-'-,*~ !995)
. ~ , ! ~ 'i -' See 14.30.150 Liability
Cit:, ...... · ..........
' .-'-L :.-., ' ' See 14.30.120 Financial Guarantees,
Eor d .....,. .................... ¢ ............... ~"~"~' '¢ ...... ..,..u 14.30.130 Insurance
or pc ...........................................
otc., ............. · tc ......
,^...; ....... ~ ..... ~h-, re.m.. ~n in~t"""cs .:.'hero such
1. Such h..n.4 ........ r- ............ ~' Y
m ............
bo~t ................
rom~·...= ............... ~- t~ ~- ....... ~ .........~ ..........
......... ......... . .... ~* ~f dgmo¢os 3ssoo!otod ;':!th an:.' storm
prc.-~..¢ .................
3. F ............. ~. .........· b"
corer. ............ ·
4. Fin .......... ~- .......... · ,. ~- .....................
with T,~ ...... ~. ............ · ........................ :~ .... ·
~gho C1,¢ ............ :., ....... - .........
(Ord. !7~5
23
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Pro )osed Ordinance
CURRENT TMC PROPQSED QRDINANCE
!4.30.240 !ncur~nce See 14.30.130 Insurance
th ....; ............. =n ........................................
any p~rccn.
.£~. ' -- See 14.30.140 Exceptions
A. Tho Cit .......... * ..... ~* ...... ~ .... ~ .......
........... ,~ ..~ 'r~r. ~,.. ~ ~ ~n ;¢ +~ ........... *~-~ ~- -cRange~ "variance" to "excepuons"
to
ctrc' .............~ ............................................... dar_ stinction be~een corn cated
........... · ~'-~ ~-~; .... ;. ..... ~* ~- ,,n-~ccss3m Variance process that DOD codified and the
th~ ~ ................................................
hardch~ ~.~ .~, ~.,m,, ,~ .......... ¢ T~ ~k~.,~. ~ ~ ~n .... ~ ~rocess by which the PW Director can allow
~ ;" ~ ~ ~ 30 0~n ~ ,,,~;** ......... * ~*~*~ *~ ..... ;~;~ exceptions to the sudace water
,,.. .......... k, ~.~,~ ...... - ....--~-~*~ ......... ~ ~¢ .... k requirements.
.................. ~ ........................................ Added ocess/requir merits f r Low
to
the
LID
........ = ......... ' ............................................... element in the new Comprehensive Surface
dctcrmin3tion.
Water
Plan.
!d.30.020.
24
TMC 14.30 SURFACE WATER MANAGEMENT
Compa risen of Current TMC 14.30 to Pro )osed Ordinance
CURRENT TMC PROPOSED ORDINANCE
· .-. -. '-. See 14.30.010 Authority, 14.30.080
Th,. ,~.~. ........................... ~- .......... ~' .................. Permits.
...-¢ ....... * -.¢ *~, ...... ~"~'*"" '-o"telne,4 ~'"'~" ~, ,,-h Deleted· The PW Director should have
,,,,~,~,;,,- ,-~,..n ~, .... +~,,,..-~-"~'~" '~'sont 3""re;'3! ''¢ m,. pu~,q,- authority to implement TMC 14.30, whether
I,-,rb.~'- r~ r-~--,t .... ,4 Iimi~','~,4 [ ..... etc the s'-ecific 3ot'vit'os for or not there is a permit.
: . .~-, --:. '. See 14.30.160 Penalties
th3t ...................... ~
· . ... .-.: . , -. See 14.30.170 Abatement
14.30.290 ~"~ ....t~,,~, oo"~,~ See 14.30.180 Injunctive Relief
Wh .............. · ................ ¢
to TMC ¢~'"'**'~ ~ A -~ J~ .... o~thor befsro er 2~or tho
of one ............... ~, ......... ~ ............ · .........
I ~,~ '~n '~nn ^ .... ~* See 14.30.190 Appeals
25
TMC 14.30 SURFACE WATER MANAGEMENT
Comparison of Current TMC 14.30 to Proposed Ordinance
CURRENT TMC PROPOSED ORDINANCE
I Chcptcr ~ ?. 5, "Enforcc,m~nt".
I(Ord 755 ~'~(pa~), !995)
26
City of Tukwila StevenM. Mullet, Mayor
Depariment of Community Development Steve Lancaster, Director
NOTICE OF DECISION
July 23, 2004
To: Tukwila Department of Public Works
Department of Fish and Wildlife, Attn Larry FiSher
State Department of Ecology, SEPA Division
.PROJECT:' Adoption of Surface Water Management Ordinance updating City's
surface water regulations to comply with state and federal requirements.
FILE NUMBERS: E04-009
ASSOCIATED FILES! E04-008
APPLICANT: City of Tukwila Department of Public Works
REQUEST: Adoption of updated Surface Water Management regulations
LOCATION: City-wide
This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a
Determination ofNon-signific~/nce (DNS) for the above project based on the
environmental checklist.
Project materials including the application, any staff reports, and other studies related to
the permits are available for inspection at:
Tukwila Department of Community Development
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Monday through Friday 8:30 a.m. - 5:00 p.m.
The project planner is Carol Lumb, who may be contacted at (206) 431-3661 for further
information.
The decision is appealable to King County Superior Court pursuant to the Judicial
Review of Land Use Decisions, Revised Code of Washi.ngton (RCW 36.70C).
q:~2004 Surface Water Comp Plan\E04-009 NolDec.doc
6300 Southcenter Boulevard Suite #100 e Tukwila, Washin£ton 98188 · Phone: 206.431-3670 ° Fax: 206.431.3665
Department of Communitj/ Decelopment Steve Lancaster, Director
NOTICE OF DECISION
July 23, 2004
To: Tnkwila Department of Public Works .
Department of Fish and Wildlife, Attn Larry Fisher
State Department of Ecology, SEPA Division t
PROJECT: Update of Tukwila Comprehensive Surface Water Management Plan
FILE NUMBERS: E04-008
ASSOCIATED FILES: E04-009
APPLICAN.T..: City of Tukwila Department of Public Works
REOUEST: Adoption of updated Surface Water Management Plan
LOCATION: City-wide
This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a
Determination of Non-significance (DNS) for the above project based on the
environmental checklist.
Project materials including the application, any staff reports, and other studies related to
the permits are available for inspection at:
Tukwila Department of Community Development
6300 Southcenter Blvd., Suite I00
Tukwila, WA 98188
Monday through Friday 8:30 a.m. - 5:00 p.m.
The project planner is Carol Lumb, who may be contacted at (206) 431-3661 for further
information.
The decision is'appealable to King County Superior Court pursuant to thc Judicial
Review of Land Use Decmons, Revised Code of Washington (RCW 36.70C).
q:',2004 Surthce Water Comp Plan\E04-00$ NotDec.doc
4~ Fort Dent/Starfire Sewer Work Preliminary estimates for sewer
improvements necessary to provide ncreased capacity at Fort Dent were
$385,000. Now at the 80% design stage the cost estimate has risen to
$603,500. The Committee took some time in'understanding the complexity
of the issue. The costs rose partly because further study showed several
obstacles in doing the work that were unknown earlier. Higher fuel prices
also made supplies maoe from oil sucP as asphalt and PVC pipe cost more.
.Jim said one option for this work could have involved working in the river
and with the railroad, but the option chosen was hopefully less complicated.
The problems encountered now mean about $200,000 of the $603k cost will
come from the 303 fund because the work will benefit Fo~c Dent, City
property. An agreement with Starfire stioulates they will pay $200,000 for
sewer work, but mey are unwilling to pay that and _lira thought it unlikely
the City could recover that money unless we sued them. Starfire's payment
should be made to the 303 fund. ]:f there are new businesses built soon
around the Fun Center or on :interurban they can contribute to this project
cost. Znformation.
5, Surface Water t4anaqement Ordinance The Committee members
postponed detailed discussion this matter to the next Committee meeting.
Ryan and lilt briefed the members on the main points included in the Plan.
Growth Management requires us to adopt the plan by December this year.
After looking at the Ecology Plan and King County Plans, staff decided to
adopt the 1998 King County Surface Water Design Manual for use for
permits. The Tukwila Plan drcps same language because it is included in the
Manual. Updates to the Manual can be adopted or not depending on staff's
evaluation of the new information. P, yan pointed out updates such as
Natianal Pa lution Discharge Elimination System (NPDES) provisions require
all new and resurfaced street drains to be painted with the information that
they drain to the river. Legal and illicit discharges are both defined. The
permit section was simplified, with the requirement to use the King County
manual reducing other language. A new section will alldw the City to charge
special fees if c~etention structures are accepted as public and would require
ma'ntenance. A discussion of Low ]:mpact Development to improve water
quality concluded that only a project as large as Segale's could reasonably
make use of it. Reschedule,
Committee chair approval
Utilities Committee
September 21, 2004
Present: Pam Carter, Chair; Para Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, Pat Brodin, Ryan Larson, Jill Mosqueda
1. Grading Ordinance This ordinance simplifies the language and consolidates similar topics
under one heading. The ordinance clar/fies when this ordinance applies, simplifies the
permit reqmrements, and adopts specific grading standards, including sections of the
International Building Code and the Sensitive Areas Ordinance. Recommend move to COW
for approval:
2. Surface Water Management Ordinance and Comprehensive Surface Water
Management Plan This ordinance will update the Surface Water Management regulations
and adopt the new Comprehensive Surface Water Managemen~ Plan. Staff began by
reviewing the summary of drainage basins, drainage maps, surface water issues, CIP
Projects, and low impact development items in the first section. Detailed information is
included in the plan's appendices.
The Surface Water Management Ordinance is revised to clarify the surface water design
manual that the City is currently using. The new ordinance is written to be easier to read,
adopt specific standards, include references to new requirements such as the National
Pollution Discharge Illumination System (NPDES), and provide a guidance for Low Impact
Development. Recommend move to COW for approval.
Note: Allentown/Foster Point Open House was reported to be Oct 6, 2004 in the Hazelnut.
It will be Wednesday, Oct 20, 2004. Postcards will be mailed out the week of 9/27 informing
the specific residents of the change in the date.
Committee Chair Approval