Loading...
HomeMy WebLinkAboutCOW 2010-02-08 Item 3B - Ordinance - Update TMC Chapter 14.30 Surface Water ManagementCAS NUMBER: 10-012 ID 0I Meetin, Date 02/08/10 02/16/10 COUNCIL AGENDA SYNOPSIS repared by BG J BG Initials ITEM INFORMATION Mayor' sew ,,0ern review ORIGINAL AGENDA DA 1 L: FEBRUARY 8, 2010 AGENDA ITEM TITLE Ordinance to update TMC Chapter 14.30 Surface Water Management CATEGORY Discussion Motion l i Resolution Mtg Date 02/08/10 Mtg Date Mtg Date SPONSOR Council ['Mayor Adm Svcs DCD U Finance Fire I Legal P&R n Police PV SPONSOR'S SUMMARY REVIEWED BY Fund Source: Comments: MTG. DATE 02/08/10 EXPENDITURE REQUIRED $0.00 02/16/10 MTG: DATE 02/08/10 02/16/10 This ordinance will update the Surface Water Management regulations in TMC Chapter 14.30 per the National Pollutant Discharge Elimination System (NPDES). NPDES requires that the City adopt the requirements by February 15, 2010. This ordinance will adopt the 2009 King County Surface Water Design Manual for regulations that include detention, water quality, and maintenance standards for proposed developments, COW Mtg. Utilities Cmte CA &P Cmte Arts Comm Ordinance Bid Award Public Hearing Other Mtg Date 02/16/10 Mtg Date F &S Cmte Parks Comm. DATE: 01/12/10 1/26/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION ITEM No, Mtg Date Mtg Date Transportation Cmte Li Planning Comm. AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 ATTACHMENTS Informational Memorandum dated 01/06/10 (revised after UC for Council dates only) Drainage Basin Map Draft Ordinance Minutes from the Utilities Committee meeting of 01/12/10 1/26/10 23 24 TO: FROM: DATE: SUBJECT: ISSUE BACKGROUND Attachment: Surface Water Ordinance City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee Public Works Director January 6, 2010 NPDES Program Project No. 93 -DR10 Surface Water Management Ordinance Adopt a new Surface Water Management Ordinance per NPDES requirements. W:\PW Eng1PROJECTS\A- DR Projects\93 -dr40 (NPDES Program) INFORMATION MEMO Storm Ordinance.doc Jim Haggerton, Mayor The National Pollutant Discharge Elimination System (NPDES) requires that the City adopt regulations and other requirements outlined in the City's General Permit which became effective February 16, 2007. These requirements include adopting a Surface Water Design Manual which has to be approved by the Department of Ecology (DOE) by February 15, 2010. The City can adopt the 2005 DOE Design Manual, adopt another jurisdictions manual which has been approved by the DOE or develop our own manual and submit it to the DOE for approval. DISCUSSION Surface Water Design Manuals provide requirements regarding detention, water quality and maintenance standards for proposed developments. The City currently uses the 1998 King County Surface Water Design Manual (KCSWDM) for this purpose; however, it does not meet current NPDES requirements. Staff worked with a consultant and determined that adopting the 2009 KCSWDM with supporting documents is our best option to meet this requirement. The benefits of this manual include: Most surrounding jurisdictions are adopting the KCSWDM standards. The DOE manual only regulates developments greater than one acre; therefore the City would need to continue to use the 1998 KCSWDM for developments less than an acre. Development and approval of a City of Tukwila Manual would be cost prohibitive. RECOMMENDATION The Council is being asked to approve the Surface Water Management Ordinance adopting the 2009 KCSWDM and consider this item at the February 8, 2010 Committee of the Whole meeting and subsequent February 16, 2010 Regular meeting. 25 26 y A A [es Moine4 Datum ND 1983 Washington State Pane North, F FS 4891 (Feet) 0 0.5 1 enril Miles King County Riverton Creek Basin Southgate Creek Basin SeaTac LISeattleV911377 City of Tulovila111-01318-100000 STORMWATER DESIGN MAWate-AnalyticaNGISI I 01-21-2010 Seathe TukwiiR Soqth8. I r I Neighboring Jurisdictions Water Body/Wetland _1 Basin Boundary Tukwila 0 Pump Station I 'T• King County Mercer slancl Renton son Place VAI g AcreSBaSin rf Strander Pump Station B astn, utheast D Basin Kent Lower Mill Creek Basin Level 2 Conservation I to Existing Level 2 Conservation I to Forested Basic Peak Rate I to Existing Per Tukwila South I Development Agreement Figure 1 Drainage Basins and Flow Control Standards City of Tukwila Infrastructure Design and Construction Standards 28 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS REGARDING SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 2064, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.30, "SURFACE WATER MANAGEMENT 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 National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila "City is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit and WHERAS, the Permit extends the coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, stormwater management procedures established in 2004 by City of Tukwila Ordinance No. 2064 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, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations established. New surface water management provisions, to be codified at Tukwila Municipal Code (TMC) Chapter 14.30, are hereby established to read as follows: 14.30.010 Authority. A. The Public Works Director shall administer TMC Chapter 14.30. The Director's authority includes the establishment and publication of regulations and procedures to supplement and implement this Chapter, approval of permits and exceptions, and enforcement and implementation of measures necessary to carry out the intent of TMC Chapter 14.30. Such regulations and procedures shall be incorporated within Chapter 5 of the Public Works Infrastructure and Design and Construction Standards, as amended, revised or re- adopted from time to time and hereinafter known and referred to as the Public Works Surface Water Regulations and Procedures. W: \Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 1 of 14 29 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 that constitute a hazard to life or safety; endangered 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 stormwater 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, groundwater and surface water infrastructure; 2. Protect surface water conveyance systems and receiving waters from pollution, mechanical damage, excessive flows and other conditions that increase erosion and/ or turbidity, siltation and other pollution, or that will reduce groundwater 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; 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. W: \Word Processing Ordinances \Surface Water Management Chapter 1430.doc GV:ksn 2/3/2010 Page 2 of 14 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; provided that words or phrases not defined herein that are defined in the City of Tukwila Surface Water Desien Manual or Stormwater Pollution Prevention Manual, shall have the meaning given therein. 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 flooding, drainage, and or erosion conditions that pose 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 Public Works or his or her 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 W: \Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 3 of 14 31 32 of the work to be performed. These plans are approved by the Public Works Director and are usually signed by a registered professional engineer licensed in the State of Washington. 15. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non hazardous liquid, solid waste and yard waste; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal waste; waste and residue that results from constructing a building or structure; and noxious or offensive matter of any kind. 16. "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. 17. "Project" means activity encompassing all phases of the work to be performed and is synonymous to the term "improvement" or "work." 18. "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. 19. "Sediment" means fragmented material originating from weathering and erosion of rocks or unconsolidated deposits, which is transported by, suspended in or deposited by water. 20. "Sedimentation" means the deposition or formation of sediment. 21. "Single- family residence" means a project that constructs or modifies one single family dwelling unit and /or makes related on -site improvements, such as a driveway, outbuildings or play courts. 22. "Surface water plan" means a set of drawings and documents submitted as prerequisite to obtaining a development permit. 23. "Stormwater" means surface water. 24. "Stormwater drainage system" means conveyance system. 25. "Surface flow" means flow that travels overland in a dispersed manner (sheet flow) or in natural channels or streams or constructed conveyance system. 26. "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. 27. "TMC" means the Tukwila Municipal Code. 28. "Typical" means the guidelines that shall be followed unless the Director approves an exception. 29. "Water body" means a creek, stream, pond, wetland, lake or river. 30. "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 W: \Word Processing \Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 4 of 14 Washington Water Resource Inventory Areas (WRIAs) as defined in the Washington Administrative Code. 14.30.040 Applicability. TMC Chapter 14.30 applies to all development 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, 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. C. Compliance with the minimum standards and requirements set forth in TMC Chapter 14.30 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 14.30, with the exception of obtaining permit and approvals from the City for works performed in the public rights -of -way, or for operation and maintenance activities by the Department of Parks and Recreation. E. Unless otherwise required by law, in the event of a conflict or inconsistency between a standard or requirement of this chapter and a standard or requirement of the Public Works Surface Water Regulations and Procedures, the SWDM, the DOE SWDM or the SPPM, this chapter shall control to the extent of the conflict or inconsistency; provided that, if a requirement or standard of the Public Works Surface Water Regulations and Procedures, SWDM, DOE SWDM or SPPM, is more restrictive, i.e., provides more protection to human health or the environment, then the more restrictive requirement or standard shall control. For example, if a particular core requirement exemption allowed under the SWDM is not allowed pursuant to the Public Works Surface Water Regulations and Procedures, the more restrictive standard of the Public Works Surface Water Regulations and Procedures will apply. 14.30.060 Standards. All development activities within the City shall be undertaken in accordance with the following minimum standards, except that depending on a project's possible impact 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 2009 King County Surface Water Design Manual (hereafter known and referred to as "KCSWDM attached hereto as "Exhibit A" (or in the alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Surface Water Design Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Surface Water Design Manual or the SWDM. The Director will review subsequent amendments to the KCSWDM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and /or procedures pursuant to the Director's authority under TMC Section 14.30.010(A). 3. The Department of Ecology 2005 Stormwater Management Manual for, Western Washington, hereafter known and referred to as the "DOE SWDM," may be used for project design for multi jurisdictional development projects wherein a substantial and material portion of the development project will take place outside of W: \Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 5 of 14 33 34 the jurisdictional boundaries of the City and will be required by a permitting authority to comply with the standards set forth in the DOE SWDM; provided that the Public Works Director approves of the DOE SWDM based upon a finding that application of differing standards set forth in the SWDM and the DOE SWDM will create a hardship for the applicant, and that approval of use of the DOE SWDM will not result in requirements that are less restrictive than the SWDM or otherwise inconsistent with the purpose of this chapter. 4. The 2009 King County Stormwater Pollution Prevention Manual, hereafter known and referred to as "KCSPPM," attached hereto as Exhibit B (or in alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Stormwater Pollution Prevention Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Stormwater Pollution Prevention Manual or the "SPPM." The Director will review subsequent amendments to the KCSPPM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and/ or procedures pursuant to the Director's authority under TMC Section 14.30.010(A). 5. The Public Works Surface Water Regulations and Procedures. 6. 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. 7. Unless the context indicates otherwise, the following terms and phrases, as used in the SWDM or the SPPM, shall have the meaning or reference given. Table 14.1 Tukwila Terminology Equivalents to King County Terminology King County Term 1 Agricultural Project Critical Drainage Area DDES DNRP Director 1 King County King County Road Standards City of Tukwila Term 1 Term does not apply. Critical Drainage Area means an area as determined by the City needing additional controls to address flooding, drainage and/ or erosion condition that poses an imminent likelihood of harm to the welfare and safety of the surrounding community. City of Tukwila Department of Community Development. City of Tukwila Department of Community Development. 1 City of Tukwila Public Works Director. 1 City of Tukwila. City of Tukwila Infrastructure Design and Construction Standards and the requirements of the City of Tukwila Transportation Department and Surface Water Utility as applicable. City of Tukwila Public Works. Water and Land Resource Division Zoning These zoning classifications are intended for areas Classifications: outside the Urban Growth Boundary; therefore the City Agriculture (A); of Tukwila contains no equivalent zoning. Refer to City Forest (F); Rural (Z) of Tukwila zoning maps and designations. 'Other terms used in the KCSWDM to reference other King County staff or departments shall also refer to the City of Tukwila Department of Community Development. W: \Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 6 of 14 8. All references in the SWDM or the SPPM to the following King County codes, or any section thereof, shall be replaced by reference as indicated in Table 14.2 to the applicable code and comparable section thereof. Table 14.2 Tukwila Municipal Code Equivalent to King County Codel King County Code (KCCI KCC 2.98 KCC 16.82 BUILDING AND CONSTRUCTION STANDARDS Clearing and Grading KCC 21A.14 Development Standards Design Requirements KCC 21A.24 Critical Areas KCC 21A.06 Technical Terms and Land Use Definitions KCC 20.14 Basin Plans KCC 25 Shoreline Management Surface Water Management General Provisions Surface Water Runoff Policy KCC 9.08 Surface Water Management Program KCC 9.12 Water Quality KCC 9.14 Groundwater Protection KCC 9 KCC 9.02 KCC 9.04 1 This table identifies the main City municipal code chapters that contain information /requirements for the City where the SWDM references the King County code. There may be other instances where other City code chapters also apply. 9. All references in the SWDM and SPPM to the following maps shall be replaced by reference as indicated in Table 14.3. Table 14.3 Tukwila Maps Equivalent to King County Maps or Designation King County Map or Designation Coal Mine Hazard Areas Map Landslide Hazard Area and Landslide Drainage Areas Map Water Quality Applications Map Description Critical Drainage Areas Tukwila Municipal Code (TMC) TMC 14.30 TMC 16.54 TMC 14.30 TMC 18.45 TMC 18.08 TMC 14.30 TMC 18.44 TMC 14.30 TMC 18.45 W:\ Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Description WATER AND SEWER Stormwater Management BUILDING AND CONSTRUCTION Grading WATER AND SEWER Stormwater Management ZONING Environmentally Sensitive Areas ZONING Districts Established Map WATER AND SEWER Stormwater Management ZONING Shoreline Overlay District WATER AND SEWER Stormwater Management ZONING Environmentally Sensitive Areas City of Tukwila Map or Designation Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service d esk. Not applicable. Page 7 of 14 35 36 Aquatic areas (as defined in KCC 21A.06) Wetlands (as defined in KCC 21A.06) Seismic Hazard Areas Flood Hazard Area (as defined in KCC 21A.06) Steep Slope Hazard Area (no map referenced in the KCSWDM) Critical Aquifer Recharge Area (as defined in KCC 21A.06) Wildlife Habitat Conservation Area (as defined in KCC 21A.06) Fish and wildlife habitat conservation areas will be regulated through TMC Chapter 18.44, Shoreline Overlay District and the regulations in TMC Chapter 18.45 related to wetlands and watercourses. Wildlife Habitat Networks No equivalent. (as defined in KCC 21A.06) All references in the SWDM to the Stormwater Pollution Prevention Manual shall mean and refer to the SPPM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. All references in the SPPM to the Stormwater Design Manual shall mean and refer to the SWDM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. The definition of Critical Drainage Area in Chapter 1 of the SWDM is amended by striking "by administrative rule under the procedures specified in KCC 2.98." The reference in Section 1.1.2.4 of the SWDM to Urban Planned Development shall mean and refer to the equivalent such designation under the City of Tukwila Comprehensive Plan as determined by the City of Tukwila Community Development Director. The note following the third sentence of Section 1.1.3 of the SWDM is stricken. The last paragraph of Section 1.1.4 beginning with "Additional mitigation" is stricken. The reference in Section 1.2.2 at paragraph 2 of the SWDM to KCC 21A.24.110 shall mean and refer to the applicable provision of Title 19 of the Tukwila Municipal Code. All references to Critical Area Review in the SWDM and the SPPM shall mean and refer to Critical Area Review pursuant to Title 18 of the Tukwila Municipal Code. References in the SWDM and SPPM to Chapter 16.82 of the King County Code shall mean and refer to the clearing and grading provisions of Title 16 of the Tukwila Municipal Code. Subsection F of Section 1.2.4.3 of the SWDM is omitted. W: Word Processing \Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2 /3/2010 Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Defined and regulated through the Washington State Building Code. Flood Insurance Rate Maps available from the Public Works Department and the areas marked on those maps with an A or V. Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Not applicable. Page 8 of 14 The reference in Section 1.2.7 to King County Ordinance 12020 shall mean and refer to the financial guarantee requirements of the applicable provisions of the Tukwila Municipal Code or the Public Works Surface Water Regulations and Procedures. Section 1.4.4 of the SWDM is stricken and replaced with the following: All variances "Adjustments from Chapter 14.30 of the TMC, the SWDM and the SPPM shall be governed by the procedures, standards and requirements set forth in Chapter 18.72 of the Tukwila Municipal Code, as it now exists or may hereafter be amended. The reference in Section 1.4.5 of the SWDM to KCC 20.20 shall mean and refer to the applicable provisions of Title 18 of the Tukwila Municipal Code. References to offices of King County shall mean and refer to the equivalent offices of the City of Tukwila. Except when the context indicates otherwise, references in the SWDM and the SPPM to specific codes or sections of codes of King County, such as the King County critical areas code, shoreline management code, clearing and grading code, and road standards, shall mean and refer to the equivalent codes or sections of codes of the City of Tukwila. 14.30.070 Permits. 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 Surface Water Design Manual require a permit. Permit application shall be made to the City's permit center. 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 in 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 Surface Water Design 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. 14.30.080 Stormwater Drainage System Maintenance and Inspection Requirements. A. All Stormwater Drainage Systems. All public and private stormwater drainage systems providing permanent stormwater treatment and /or flood control shall be inspected and maintained in accordance with the standards contained in the Surface Water Design Manual. The following are additional minimum standards for the maintenance of all stormwater drainage systems: 1. All stormwater treatment and flow control components of stormwater drainage systems shall be inspected annually, but the frequency of such inspections may be reduced based on inspection records. Owners of private stormwater drainage systems shall be responsible for maintenance, inspection and corrections. The City will perform periodic inspections of these same stormwater drainage systems. 2. When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed by the owner or person in control of the stormwater drainage systems within the following time period: W: \Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 9 of 14 37 38 a. Within one year for wet pool facilities, infiltration facilities, and detention facilities including detention pipes, ponds and valves; b. Within six months for routine maintenance operations; c. Within nine months for maintenance requiring re- vegetation; and d. Within two years for maintenance that requires capital construction of less than $25,000.00. The Director or his or her designee may order corrective maintenance to occur within a specific time period. 3. The Director has unlimited access at all reasonable times to any property whenever the Director has reasonable cause to believe violations of TMC Chapter 14.30 are present or operating on a subject property, whenever necessary to make 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 of a surface water system presents imminent hazard. 4. When the City has given a stormwater drainage system owner or person in control prior notification and the owner or person in control has failed to maintain such stormwater drainage system 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. 5. Maintenance of private stormwater drainage systems and implementation of best management practices are the responsibility of the owners and persons in control of the stormwater drainage systems. 6. If the property owner(s) or person in control does not maintain the stormwater drainage system 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 owner(s) and /or person in control 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 stormwater drainage systems, the applicant shall provide a monitoring and maintenance schedule for the life of each stormwater drainage system or component thereof 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 all reasonable times, to the stormwater drainage systems 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. 4. Owners of projects distributing over one acre must maintain records of facility inspections and maintenance actions. Records shall be retained for a period of at least ten years. These maintenance records are to be provided to the City upon request. 5. For new residential developments in excess of 1 acre, additional inspections are required of all new flow control and water quality treatment facilities, including catch basins, every six months during the period of heaviest residential construction W: \Word Processing \Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 10 of 14 (i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed. The City will perform periodic inspections of these same stormwater drainage systems. 14.30.090 Special Drainage Fee. When the City accepts sto, niwater drainage system 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 condition of turnover, in order to cover costs for this maintenance. 14.30.100 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 modified or replaced, shall be marked "No Dumping! Drains to Stream." C. The marking shall meet the standard in the City's Development Guidelines and Design and Construction Standards. 14.30.110 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 stormwater control facilities and shall not be fully released without final inspection and approval of completed work by the City. C. For developments that 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 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 cost 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 14.30; or, 2. Damages to public or private property arising from the activities for which the financial guarantee was required. W: \Word Processing \Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 11 of 14 39 40 14.30.120 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 Section 14.30.12OA 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. 14.30.130 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 14.30; 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 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: W: Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 12 of 14 a. The result will compensate for or be comparable with 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 in on -site surface water retention using native vegetation; (3) Retention of at least 60% 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. 14.30.140 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. 14.30.150 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 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 W: \Word Processing Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Page 13 of 14 41 42 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. 14.30.160 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. 14.30.170 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. 14.30.180 Appeals. The appeals process for /by any person aggrieved by the action of the City is provided under TMC Chapter 8.45, "Enforcement." Section 2. Repealer. Ordinance No. 2064 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A The 2009 King County Surface Water Design Manual (KCSWDM) Exhibit B The 2009 King County Stormwater Pollution Prevention Manual (KCSPPM) W:\ Word Processing \Ordinances \Surface Water Management Chapter 14.30.doc GV:ksn 2/3/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 14 of 14 UTILITIES COMMITTEE Meeting Minutes January 12, 2010 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff: Bob Giberson, Greg Villanueva, Mike Cusick, Ryan Larsen, Pat Brodin, Gail Labanara, Frank Iriarte, Robin Tischmak, Nora Gierloff, Rebecca Fox and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m. I. PRESENTATIONS No Presentations City of Tukwila Utilities Committee II. BUSINESS AGENDA A. 2010 -2011 Recycling Grants Staff is seeking full Council approval for the Mayor to sign and enter into an interlocal agreement with the King County Solid Waste Division for Waste Reduction/Recycling grant funding in the amount of $81,069. This funding will be used to support the Tukwila Recycling Program during 2010 -1 1. The City is able to maintain and run the Tukwila Recycling Program through this grant funding which cycles every two years. Monies are received through the Waste Reduction/Recycling Grant (administered by King County) and often supplemented by funding received for the Washington Department of Ecology. The Tukwila Recycling Program is 100% grant funded, and includes residential as well as business based recycling opportunities and other special collection events. UNANIMOUS APPROVAL. FORWARD TO JANUARY 25 COW FOR DISCUSSION. B. Surface Water Management Ordinance Staff is seeking full Council approval of a draft ordinance adopting a Surface Water Design Manual which will outline the requirements regarding detention, water quality and maintenance standards for proposed developments. This ordinance will repeal and replace the current Surface Water Management ordinance. 4 The primary purpose of this ordinance is to adopt the 2009 King County Surface Water Design Manual as the City's. Adoption of such a manual is required by the National Pollutant Discharge and Elimination System (NPDES). The manual must be approved by the Department of Ecology and adopted by February 15, 2010. Some surrounding cities have also chosen to adopt the King County Manual as their own. The greatest impact this new manual will have on the City is the water detention requirement. Detention requirements have increase in order to reduce sedimentary and water run -off from streams in an effort to control erosion. UNANIMOUS APPROVAL. FORWARD TO JANURY 25 COW FOR DISCUSSION. C. Illicit Discharge Detection and Elimination Ordinance Staff is seeking full Council approval of a draft ordinance regarding Illicit Discharge Detention and Elimination which provides regulations prohibiting most non stormwater discharges to surface water systems. 43 44 Utilities Committee Minutes January 26, 2010 Page 2 policy calls for limiting billing and /or refunding back to 36 months from the claim or discovery date, unless there was a change in ownership during that time. INFORMATION ONLY. D. City Council Pre Retreat Budget Review As information only, staff gave a brief overview on items that are expected to be brought to Utilities Committee during the next year. The information distributed the items into four categories: Surface Water, Water, Sewer and Other. INFORMATION ONLY. I: SEC BUDGET, PAGES, 1 Council I 28 -29 1 1 Mayor's Office /Civil Service 1 32 -34 1 City Clerk 1 48 -49 Committee Chair Approval Mi:••irte <t Reviewed by GL. III. MISCELLANEOUS At the January 12, 2010, Utilities Committee meeting, staff requested full Council approval of two ordinances: Surface Water Management and Illicit Discharge Detection and Elimination. With unanimous approval, the Committee forwarded each ordinance to the January 25 COW for discussion. Both items were removed from the January 25 COW due to additional City Attorney updates. Staff returned to update the Committee on theses changes which are primarily formatting and /or clarification. However, some additional details were added to the ordinances including: an order of precedence in the event of manual/handbook conflicts and tables outlining equivalency terms between the manual languages used by King County compared to Tukwila. The Committee acknowledged the changes. UNANIMOUS APPROVAL. FORWARD TO FEBRAURY 8 COW DISCUSSION. Meeting adjourned at 6:28 p.m. Next meeting: Tuesday, February 9, 2010 5:00 p.m. Conf. Room No. 1.