HomeMy WebLinkAboutPermit L94-0101 - CITY OF TUKWILA - STORM WATER MANAGEMENT ORDINANCEL94-01O1
CITY OF TUKWILA
STORM
WATER MGT.
ORDINANCE
ATTACHMENT III.C.
INFORMATION MEMO
TO: Mayor Rants
FROM: Ross Earnst, Public Works Director
DATE: October 31, 1995
SUBJECT: Surface Water Management Ordinance
ISSUE:
Adopt Surface Water Management Ordinance.
BACKGROUND:
DOE requires each agency to have adopted surface water regulations, administrative procedures,
enforcement processes, permitting requirements, a maintenance program, and related standards: The
attached surface water ordinance has incorporated the final comments from WSDOE in accordance with
Rodney Sakrison's 9/26/95 letter (attached). Language changes to the proposed ordinance addressing
comments from past Utility Committee meetings have been made. Language changes to the proposed
ordinance addressing review comments by the City Attorney's Office and DCD staff have also been made.
All these language changes are shown in this draft. • .
Attached is the October 30, 1995 memo from the Department of Community Development that concludes
no further environmental review for the current version of the Surface Water Management Ordinance
(EPIC File 31 -91) is required at this time.
This ordinance was postponed during the 1994 fall budget for early 1995 adoption. DOE has postponed
placing sanctions for not meeting the adoption deadlines, recognizing that it is scheduled for adoption by
the end of 1995. Tukwila did not submit for CCWF grant monies in the `95 cycle for lack of an adopted
surface water management ordinance and GMA plan.
ALTERNATIVES:
1) Adopt.
2) Delayed adoption may result in DOE sanction on CCWF grants.
RECOMMENDATION:
Adopt the attached Surface Water Management Ordinance.
Attachments (3)
cf: Project file: 94- DR12.1
CODE: alva.doc
/If
TO:
FROM: Steve Lancaster, DCD Director,..•
DATE:
Phil Fraser, Senior Engineer
October 30, 1995
SUBJECT: SEPA status, Surface Water Management Ordinance
(EPIC File 31 -91)
Upon reviewing your memo dated October 9, 1995, together with the.October 18, 1995
draft Storm Water Management Ordinance and related environmental documentation, I
have found that the SEPA Determination of Non - significance issued for the proposed
ordinance on December 17, 1991 remains valid. Specifically, I have determined that:
1) changes to the proposed Storm Water Management Ordinance have not resulted
in a likelihood of significant adverse environmental impacts;
2) additional review of the October 18, 1995 draft Ordinance by the City and by the
Department of Ecology have not resulted in significant new information
indicating probable significant adverse environmental impacts; and
3) the Environmental Checklist submitted to the Depat lment of Community
Development on June 7, 1991 adequately and accurately discloses the anticipated
environmental impacts associated with adoption of the Storm Water
Management Ordinance as currently proposed.
No further environmental review is required at this time.
cc: Ross Earnst
Ron Cameron
Lucy Lauterbach
ATTACHMENT III.D.
TO:
FROM:
DATE:
SUBJECT:
I N F 0 R M A :T I O N
M E M O
Mayor Rants
Public Works Director
February 23, 1995
Surface Water Management Ordinance
Project No. 94 -DR12
ISSUE:
Adopt Surface Water Management Ordinance.
BACKGROUND:
DOE requires each agency to have adopted surface water regulations,
administrative procedures, enforcement processes, permitting
requirements, maintenance program, and related standards. The
attached surface water ordinance has been. prepared with WSDOE,
PSWQA, neighboring agency review /consideration. It adopts the King
County Surface Water Standards similar to SeaTac.
The Ordinance was postponed during fall budget for early 1995
adoption. DOE has postponed placing sanctions for not meeting the
January 1, 1995 adoption deadline, recognizing that it is scheduled
for early 1995 adoption.
ALTERNATIVES:
1) Adopt
2) Delayed adoption likely result in April DOE sanctions on CCWF
grants.
RECOMMENDATION:
Adopt the attached Surface Water Management Ordinance.
RAE:PRF:cd
attachment: Surface Water Management Ordinance
cf: project file 94- DR12.1
swmord.mem
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CITY OF TUKWILA
STORM WATER MANAGEMENT ORDINANCE
AN ORDINANCE of the City of Tukwila relating
to surface water management; stating the
purpose for comprehensive management of
surface and storm waters; providing
definitions; establishing when drainage review
and permit is required; requiring engineering
plans; establishing standards for drainage
design; establishing requirements for drainage
review; providing for critical drainage areas;
establishing procedures for submitting
engineering plans; establishing procedures and
conditions related to construction timing and
final approval; establishing maintenance
requirements; requiring bonds and liability
insurance; establishing procedures in event of
hazards; establishing variance procedures;
establishing bond and insurance requirements;
authorizing administration; establishing
penalties and procedures for ordinance
violations; and establishing an effective
date; and amended Ordinance 1671 (T.M.C.
Section 8.45.030).
WHEREAS, Ordinances Nos. 1523 and 1549 and Resolution No. 1672 of
the City Council established a surface water utility, adopted a
comprehensive surface water plan and established surface water
charges; and
WHEREAS, King County has updated its Surface Water Runoff Policy
and has implemented a Surface Water Design Manual; and
WHEREAS, the City Council finds that the public health, safety and
welfare would be promoted by establishing similar comprehensive and
technical requirements for management of surface and storm waters
and to include a Surface water Drainage Design Manual;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN
AS FOLLOWS:
Section 1. Title, Purpose, Scope and Definitions.
1.0 Title
This Ordinance shall be known as the City of Tukwila
"Storm Water Management Ordinance" and may be so cited.
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1.1 Purpose
The purpose of this Ordinance is to:
A. Control and /or prevent adverse impacts to private
and public property and threats to public safety
associated with surface water runoff.
B. Establish minimum requirements and procedures to
prevent damages to watercourses, wetlands, and
surface water conveyance systems.
C. Establish and enforce storm drainage standards for
development activities in the City of Tukwila.
D. Implement the Tukwila Comprehensive Storm Water
Management Plan.
1.2 Scope
This Ordinance sets forth rules, regulations, and
processes to control storm drainage activities within the
City of Tukwila.
1.3 Definitions
Adverse Impact - Any deleterious effect on waters or
wetlands, to include but not limited to, effects
involving: quality, quantity, surface area, species
composition, aesthetics, usefulness for human or natural
uses, biological productivity, diversity, and /or
stability.
Agricultural Land Management Practices - Those practices
employed commercially and /or by residential households to
cultivate land for crop production which ensure
conservation of related soil and water resources.
Applicant - Any person, firm, or governmental agency
proposing to carry out storm drainage activities in
connection with development of a project subject to
review under the Storm Water Management Ordinance.
Best Management Practice, or "BMP" means physical,
structural and /or managerial practices that, when used
singly or in combination, prevent or reduce pollution of
water.
Biofiltration - The simultaneous processes of filtration,
infiltration, absorption, and biological uptake of
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pollutants in stormwater that take place when runoff
flows over and through vegetated treatment facilities.
Biofiltration (Water Quality) Swale - An open vegetated
drainage channel providing water quality treatment of
surface and storm water runoff through biofiltration as
specified in the King County Surface Water Design Manual.
Buffer (Also known as "Sensitive Area Buffer") - The area
contiguous to a sensitive area that is required for the
continued maintenance, function, and stability of the
sensitive area. (Refer to Sensitive Areas Ordinance No.
1599.)
Clearing - Any removal of trees, brush, grass, ground
cover or other vegetative matter from a site which
exposes the earth's surface at the site.
Design Storm - A rainfall event which is selected by the
Engineer for purposes of design, specifying both the
return period in years and the duration in hours (e.g.,
25 yr /24 hrs).
Detention - The release of stormwater runoff from the
site at a slower rate than is collected by the stormwater
facility system, the difference being held in temporary
storage.
Detention Facilities - Facilities designed to hold runoff
while gradually releasing it at a predetermined maximum
rate.
Development - For the purposes of this Ordinance any
activity that requires a permit or approval, including
but not limited to a building permit, land altering
permit, flood control zone permit, shoreline substantial
development permit, conditional use permit, unclassified
use permit, zoning variance or reclassification, planned
unit development, subdivision, short subdivision, master•
plan development, building site plan, or right -of -way.
Development Standards - The formally adopted standards
prescribing the specific manner in which development is
to take place in the City of Tukwila.
Director of Public Works - the Director of the' Department
of Public Works for the City of Tukwila, or Public Works
Department Staff designated by the Director to discharge
the requirements of this Ordinance.
Drainage Activity - See "Storm Drainage Activity ".
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Drainage Facility - Structures or features, natural or
artificial, that convey, treat, and /or abate surface
water runoff, including but not limited to detention
facilities, retention facilities, and drainage
retention /abatement facilities.
Drainage Review - An evaluation by the City staff of a
proposed development's compliance with the drainage
requirements in the Surface Water Design Manual.
Drainage System - The drainage system comprised of
natural and artificial structures that convey surface
water within the City of Tukwila. This system includes
pipes, culverts, ditches, open channels, streams, lakes,
rivers, ponds, and detention and retention ponds, as well
as other types of conveyance facilities.
Drainage Treatment /Abatement Facilities - Any facilities
installed or constructed in conjunction with.a drainage
plan for the purpose of treating storm and surface water
runoff to improve water quality, excluding retention or
detention facilities.
Engineer - A professional engineer licensed by the State
of Washington.
Engineering Plans - The drawings, plans, specifications,
contracts and permits which depict how construction is to
occur.
Erosion /sedimentation Control - Any temporary or
permanent measure taken to reduce erosion, control
siltation and sedimentation, and ensure that sediment
laden water does not leave the site.
Ground Water - Water in a saturated zone or stratum
beneath the surface or land or a surface water body.
Illicit Discharge - All non -storm water discharges to
storm water drainage systems that cause or contribute to
a violation of state water quality, sediment quality, or
groundwater quality standards, including but not limited
to sanitary sewer connections, industrial process water, floor drains, car washing, and gray water
systems.
Interflow - That portion of rainfall or other natural
source of water that infiltrates into the soil and moves
laterally through the upper soil horizons until
intercepted by a stream channel or unit that returns to
the surface (e.g., wetland, spring or seep).
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King County Surface Water Design Manual - The manual (and
supporting documents as appropriate) describing surface
and storm water design and analysis requirements,
procedures and guidance which is hereby adopted by
reference. A copy of the Manual is on file in the office
of the City Clerk for use and examination by the public.
Master Drainage Plan - The adopted City of Tukwila
Surface Water Comprehensive Plan, April 1993 or update.
Natural Location - The location of those channels,
swales, and other natural conveyance systems as defined
by the first documented topographic contours existing for
the subject property, either from maps or photographs, or
such other .means as appropriate.
Permittee - Any person obtaining a Storm Drainage Permit
in accordance with this Ordinance.
Plan - See Engineering Plans.
Pollutant - Any substance which, when added to water,
would contaminate or alter the chemical, physical, or
biological properties of any waters of the City's
drainage system or of the State. This includes a change
in temperature, taste, color, turbidity, or odor of the
waters, or such discharge of any liquid, gaseous, solid,
radioactive, or other substance into any waters of the
City's drainage system or of the State as will or is
likely to create a nuisance. It also includes any
substance which renders such waters harmful, detrimental,
or injurious to the public health, safety, or welfare, or
to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to
livestock, wild animals, birds, fish, or other aquatic
life.
Private Drainage System - Drainage systems located on
private property and designed to discharge directly as
through pipes, channels, etc., or indirectly as sheet
flow, subsurface flow, etc. into the City's drainage
system.
Public Drainage System - That portion of the drainage
system of the City located on public right -of -way or
other property owned by the City, and those portions of
private drainage systems assumed by the City.
Public Works Director - see Director of Public Works.
Receiving Bodies of Water - Creeks, streams, lakes, and
other bodies of water into which drainage systems are
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directed, 'either-naturally, in artificial ditches, or in
closed conduit systems.
Retention Facilities - Facilities designed to hold water
for a considerable length of time and then release it by
evaporation, plant transpiration and /or infiltration into
the ground.
Runoff - Water traveling across the ground surface as a
result of precipitation or other natural source.
Sediment - Solid particulate matter, both mineral and
organic, that has been or is being transported from its
original site by water, air, gravity, or ice.
Sensitive Area - Wetlands, watercourses, landslide hazard
areas and abandoned coal mines as designated or defined
by the City of Tukwila Sensitive Area Ordinance Number
1599.
Sensitive Area Buffer - See "Buffer ".
Site - A legally defined section of real property, whose
boundaries are recorded for purposes of assessing taxes
with the County Assessor's Office, where storm drainage
activities are proposed; which may include all contiguous
land and /or water in one ownership, or being developed as
a unit, although not necessarily at one time.
Small Parcels - Parcels which do not meet the threshold
requirements for formal drainage review as outlined in
Sections 1.4, 1.5 or 1.7 of this Ordinance.
Stabilization - The prevention of soil movement by any
various vegetative and /or structural means.
Storm Drainage Activity - Any activity involving
design /construction of surface water facilities that
control or affect surface and storm water, including new
facilities, modifying or abandoning existing facilities.
Storm drainage activity is recognized if the threshold
criteria of this Ordinance is met or exceeded as defined
in Section 1.5 of this Ordinance.
Storm Drainage Plan - See Engineering Plans
Storm Water - 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 ground water. The term
"runoff" is synonymous.
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Storm Water Quality Control Measures - Qualitative
control of storm water runoff through a system of
vegetative, structural, and other measures designed to
reduce or eliminate pollutants that might otherwise be
carried by storm water runoff.
Storm Water Quantity Control Measures - Quantitative
control of storm water runoff through a system of
vegetative, structural, and other measures designed to
mitigate increased volumes and rates of flow brought
about by man -made changes to the land.
Storm Water Standards - Those drawings, details, and
requirements adopted by the City of Tukwila, which depict
the manner in which storm water control measures and
associated facilities must be constructed and maintained.
Surface Water - The naturally occurring water that flows
over or is stored upon the earth's surface (a.k.a. storm
water).
Temporary Control Measures - Quantitative or qualitative
drainage controls for construction or emergency
activities.
Temporary Drainage Facility - Temporary structures or
features, natural or artificial, that convey, treat,
and /or abate surface water runoff.
Water Course - Any course or route formed by nature or
modified by man, generally consisting of a channel with
a bed and banks or sides substantially throughout its
length along which surface water flows naturally (other
than the Green /Duwamish River). The channel or bed need
not contain water year - round. Water courses do not
include irrigation ditches, the storm water system or
other entirely artificial water courses unless they are
used by salmonids or to convey sections of streams.
Watershed - The total drainage area, separated by a ridge
line which contributes runoff to a single point.
Wetland - An area that is inundated or saturated by
ground or surface ,water at a frequency and duration
sufficient to support and, that under normal
circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, bogs, and similar
areas (Army Corps of Engineers Regulation 33 CFR
323.2(c)). •Constructed wetlands are not considered
wetlands for the purpose of this Ordinance, however,
those artificial wetlands intentionally created from non-
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wetland areas to mitigate conversion of wetlands as
permitted by the City shall be considered wetlands.
Wetponds - Drainage facilities for water quality
treatment that contain a permanent pool of water, usually
four feet in depth, that are filled during the initial
runoff from a storm event. They are designed to optimize
water quality by providing retention time (on the order
of a week or more) in order to settle out particles of
fine sediment to which pollutants such as heavy metals
absorb, and to allow biologic activity to occur that
metabolizes nutrients and organic pollutants.
Wetvaults - the same as wetponds except that permanent
pool of water is covered by a lid which blocks sunlight
from entering the facility, limiting the photodependent
biologic activity.
1.4 The Drainage Review and Drainage Permit Process
Developments in the City of Tukwila that propose storm
drainage activities or trigger any of the land use /development
activities listed below in Section 1.5 of this ordinance,
require a DRAINAGE REVIEW (See Sections 1.7 through 1.9 for
requirements).
If CONSTRUCTION of drainage facilities will result from the
land use /development activity or drainage activity, then a
DRAINAGE PERMIT will be applied for (See Section 2 for
requirements).
The DRAINAGE REVIEW and DRAINAGE PERMIT may be applied for as
one application
EXEMPTIONS and THRESHOLDS for applying for the DRAINAGE REVIEW
and DRAINAGE PERMIT are listed in Sections 1.5 and 1.6 of this
ordinance.
SMALL PARCELS. For development that contains drainage but is
exempt from the criteria listed above and is not adjacent to
a flood plain or sensitive area a plan showing connections (if
connecting) to the public drain.system will be submitted as
part of the building permit. This drain plan does not have to
be done by an engineer. Additional temporary erosion controls
will be in accordance with the City's Land Altering Ordinance
and erosion .control methods will be in compliance with
Tukwila's Erosion Control Standards (available at the permit
counter).
1.5 Drainage Review - When Required
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A. A drainage review is required for any proposed
development requiring one of the land
use /development activities listed in Subsection B
of this Section which would:
1. Add more than five thousand (5,000) square
feet of new impervious surface; or
2. Collect and concentrate surface and storm
water runoff from a drainage area of more than
five thousand (5,000) square feet; or
3. Contain or abut a floodplain, stream, wetland
or closed depression, or a sensitive area as
defined by ordinance or as determined by the
Public Works Director.
B. The following land use /development activities will
be required to have a drainage review if the
project involves any of the planned actions listed;
in Subsection A of this Section:
1. Commercial building;
2. Conditional use;
3. Formal subdivision (plat);
4. Land Altering /Sensitive Area and /or Flood Zone
Control permit,;
5. Master plan development;
6. Planned unit development;
7. Residential building;
8. Right -of -way use;
9. Shoreline substantial development;
10. Administrative subdivision (short plat)
11. Special use;
12. Unclassified use;
13. Zoning reclassification.
1.6 Exemptions
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The following circumstances . shall be exempt from the
requirements of this Ordinance:
A. Development• undertaken by the Washington. State
Department of Transportation in state highway
rights -of -way which is regulated and meets the
requirements of Chapter 173 -270 WAC, the Puget
Sound Highway Runoff Program, is exempted from the
requirements of this chapter.
B. Commercial agriculture, including only those
activities conducted on lands defined in RCW
84.34.020(2), and production of crops or livestock
for wholesale trade.
C. Forest practices regulated under Title 222
Washington Administrative Code, except for Class IV
general forest practices, as defined in WAC 222-16 -
050, that are conversions from timber land to other
uses.
1.7 Drainage Review Requirements
A. Storm Water Design Standards
A11 storm drainage activities shall be undertaken
in accordance with the following criteria and
standards:
1. Design Criteria. Storm water management
measures shall be designed and constructed in
accordance with the standards and
specifications as set forth in the Surface
Water Design Manual, January 1992, or as
amended hereafter, published by King County
Public Works Department - Surface Water
Division.
2. Additional Criteria in Basin Plans. Where the
City of Tukwila Comprehensive Storm Water
Management Plan or City drainage basin plans
prescribe specific design criteria which
differ from those stated herein or as
prescribed in the Surface Water Design Manual,
the requirements of the drainage basin plans
shall govern. (Refer to Resolution No. 1262.)
3. City Development Standards. Specific detail
drawings and design criteria for .storm
drainage facilities and storm drainage
activities shall also be constructed or
undertaken in accordance with the City of
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Tukwila Development Standards when adopted by
the City Council.
B. Core Requirements. Every permit or approval
application with drainage review required by
Section 3 of this Ordinance must meet each of the
following core requirements which are described in
detail in the Surface Water Design Manual;
1. Core Requirement #1. Discharge at the natural
location. The discharge from a project site
must occur at the natural location and /or
produce no significant adverse impact, as
described in the Surface Water Design Manual.
2. Core Requirement #2. Off -site analysis. All
projects must identify an upstream tributary
drainage area and perform a downstream
analysis. Levels of analysis required depend
on the problems identified or predicted. At a,
minimum, a level one analysis as described in
the Surface Water Design Manual must be
submitted with the initial permit application.
3. Core Requirement #3. Runoff control. All
projects shall provide runoff controls to
control the quantity and quality of runoff
from the project by limiting the peak rates of
runoff from design storm events to the
predeveloped peak rates based on the project
site's existing runoff conditions. The design
volume, when detention facilities are required
by the Surface Water Design Manual to meet the
standard runoff control performance curve for
the two- and ten -year, twenty -four hour
duration design storm .events, shall be
increased by a thirty percent factor for
safety. This factor of safety shall be
reviewed as new research is completed to
evaluate its effectiveness.
4. Core Requirement #4. Conveyance system. All
conveyance systems for projects must be
analyzed, designed and constructed for
existing tributary off -site flows and
. developed on -site flows from the project.
5. Core Requirement #5. Erosion /sedimentation
control plan. All engineering plans for
projects that involve modification or
significant impact to existing drainage
facilities and /or construction of new drainage
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facilities must include a plan to control
erosion and sedimentation during construction
and to permanently stabilize soils at the
site.
6. Core Requirement 46. Maintenance and,
operation. Maintenance of all drainage
facilities constructed or modified by a
project is the responsibility of the property
owner as described in the Surface Water Design
Manual, except the City may perform
maintenance of drainage facilities constructed
for formal plat subdivisions, and some short
plat subdivisions, two years after final plat
recording following an inspection by the City.
7. Core Requirement 47. Bonds and liability.
All drainage facilities for projects (except
downspout roof drain infiltration systems)
must comply with the bond and liability
requirements of Section 9 of this Ordinance.
C. Special Requirements. In addition to the core
requirements, engineering plans must also meet any
of the following special requirements which apply
to the project and which are described in detail in
the Surface Water Design Manual:
1. Special Requirement 41. Critical drainage
area. If a project lies within an area
designated by Ordinance or by the Public Works
Director as a "critical drainage area ", then
the project drainage review and engineering
plans shall be prepared in accordance with
special critical drainage area requirements
adopted by the Public Works Director.
2. Special Requirement 42. Compliance with an
existing master drainage plan. If a project
lies within an area covered by an approved
master drainage plan, then the project
drainage review and engineering plans shall be
prepared in accordance with any special
requirements of the master drainage plan.
3. Special Requirement 43. Conditions requiring
a master drainage plan. If a project:
a) Is a master planned development as
described in an adopted comprehensive
plan or other ordinance; or
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b) Is a subdivision that will eventually
have more than one hundred. single-family
lots and encompass a contiguous drainage
sub -basin of more than two hundred (200)
acres; or
c)
Is a commercial building permit or
planned unit development that will
eventually construct more than fifty (50)
acres of impervious surface; or
d) Will clear an area of more than five
hundred (500) acres;
then a master drainage plan shall be prepared
as specified in the Surface Water Design
Manual and submitted with the State
Environmental Policy Act (SEPA) checklist.
Approval of the master drainage plan is
required before permit approval.
4. Special Requirement #4. Adopted basin or
community plans. If a project lies within an
area included in an adopted basin or community
plan, then the project drainage review and
engineering plans shall be prepared in
conformance with the special requirements of
the adopted basin or community plan.
5. Special Requirement #5. Special water quality
controls. If a project will construct more
than one acre of impervious surface that will
be subject to vehicular use or storage of
chemicals and
a) Proposes to discharge runoff directly to
a regional facility, receiving water .
body, lake, wetland, or closed depression
to provide the runoff control consistent
with Core Requirement #3; or
b) The runoff from the project will
discharge into a Type 1 or 2 stream, or
Type 1 wetland within one more from the
project site; then a wetpond meeting the
standards as specified in the Surface
Water Design Manual shall be employed to
treat a project's runoff prior to
discharge from the project site. A
wetvault or water quality swale may be
used when a wetpond is not feasible.
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6. Special Requirement #6. Coalescing plate
oil /water separators. If a project will
construct more than five acres of impervious
surface that will be subject to petroleum
storage or transfer, or high vehicular (more
than twenty -five hundred vehicle trips per
day) or heavy equipment use, storage or
maintenance, than a coalescing plate or
equivalent oil /water separator shall be
employed to treat a project's runoff prior to
treatment by a wetpond, wetvault, or water
quality swale, and /or discharge from the
project site.
7. Special Requirement #7. Closed depressions.
If a project will. discharge to an existing
closed depression either on or off the site
that has greater than five thousand (5,000)
square feet of surface area at potential
overflow, then the project's drainage review
and engineering plans must meet the'
requirements for closed depressions as
specified in the Surface Water Design Manual;
8. Special Requirement #8. Use of lakes,
wetlands or closed depressions for runoff
control. If a project proposes to use a lake,
wetland, or closed depression for runoff
controls required by Core Requirement #3, then
the project must meet the requirements of the
City's Sensitive Areas Ordinance 1599 for such
use, and must observe the limits of any
increases to the floodplain as specified in
the Surface Water Design Manual;
9. Special Requirement #9. Delineation of one
hundred year floodplain. If a project
contains or abuts a stream, lake, wetland or
closed depression, then the one hundred year
floodplain boundaries and floodway, if
available, based on an approved floodplain
study as specified in the Surface Water Design
Manual shall be delineated on the site
improvement plans and profiles and on any
final plat maps prepared for the project;
10. Special Requirement #10. Flood protection for
Type 1 and 2 streams. If a project contains
or abuts a Type 1 or 2 stream (as defined in
the Surface Water Design Manual) that has an
existing flood protection facility or involves
construction of a new, or modification of
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existing flood protection facility, then the
flood protection facility shall be analyzed
and /or designed, as specified in the Surface
Water Design Manual and in the Federal
Emergency Management (FEMA) regulations (Title
44 CFR);
11. Special Requirement #il. Geotechnical
analysis and report. If a project includes
construction of a pond for drainage control or
an infiltration system (excluding a roof
downspout system) above a steep slope (as
defined in the Surface Water design Manual)
within two hundred (200) feet from the top of
the steep slope or on a slope with a gradient
steeper than fifteen percent (15 %), or
construction of earth fill /bank armor for
flood protection facilities, then a
geotechnical analysis and report shall be
prepared and stamped by a geotechnical
professional civil engineer which shall'
address, at a minimum, the analysis described
in the Surface Water Design Manual;
12. Special Requirement #12. Soil analysis and
report. If the soils underlying a project
have not been mapped, or if the existing soils
maps are in error or not of sufficient
resolution to allow the proper engineering
analysis for the proposed site to be
performed, then a soils analysis and report
shall be prepared and stamped by a
professional civil engineer with expertise in
soils to verify and /or map the underlying
soils by addressing at a minimum the analysis
described in the Surface Water Design Manual.
1.8 Critical Drainage Areas
Development in areas where the Public Works Director has
determined that the existing flooding, drainage, and /or
erosion conditions present an imminent likelihood of harm
to the welfare and safety of the surrounding community,
shall meet special drainage requirements set by the
Public Works Director until such time as the community
hazard is alleviated. Such conditions may include the
limitation of the volume of discharge from the subject
property to predevelopment levels, preservation of
wetlands or other natural drainage features, or other
controls necessary to protect against community hazard.
Application of the provisions of this subsection may be
proposed for a variance, provided that the resulting
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•
development shall be subject to all of the remaining
terms and conditions of this Ordinance.
1.9 Other Laws
A. State water pollution control Act (RCW 90.48.080)
will be adhered to in the administration of this
Ordinance.
B. Whenever conflicts exist between federal, state, or
local laws, ordinances or regulations, the more
restrictive provisions shall apply, except as
prescribed in Section 1.7.A.2 of this Ordinance.
C. Neither this Ordinance nor any administrative
provisions made pursuant to it:
1. Exempts the Permittee from procuring other
required permits or cdmplying with the
requirements and conditions or such a permit;
or,
2. Limits the right of any person to maintain, at
any time, any appropriate action, at law or in .
equity, for relief or damages against the
permittee arising from the permitted activity.
Section 2 General Storm Drainage Permit Provisions.
2.1 Permit Requirements
The following provisions shall apply to all storm
drainage activities permitted within the City of Tukwila,
unless specifically exempted by this Ordinance:
A. Permit Required - A Storm Drainage Permit is
required for all proposed storm drainage activities
in the City of Tukwila. (This permit shall not be
issued without first obtaining a Land- Altering
Permit if required by Ordinance No. 1591); provided
however, that any elements required for application
to obtain a Land - Altering Permit may also be
utilized for application to obtain a Storm Drainage
Permit at the discretion of the Public Works
Director.
B. Plan Required - All work shall be performed in
accordance with a sequence shown on an approved
Storm Drainage Plan.
Engineering Plans - Contents - All submittal
procedures, definitions, and specifications for the
required contents of engineering _plans are
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presented in the plan review process section of the
Surface Water Design Manual.
C. Storm Water Control Measures - All storm drainage
activities shall include storm water control
measures designed to maintain post - development peak
discharges (for the specified design storm event)
at levels equal to or less than the pre - development
peak discharges for the same design storm event
through control of volume, timing, and rates of
flows unless direct discharge into the
Green /Duwamish River can be achieved without
sacrificing downstream conveyance systems under
full build conditions for the Duwamish basin.
D. Storm Water Quality Control Measures - All storm
drainage activities shall include storm water
control measures designed to maintain or enhance
water quality to the standards in effect at the
time a Storm Drainage Permit is issued.
E. Additional Requirements for Sensitive Areas - In
addition' to any requirements, standards, and
criteria contained in this Ordinance, all storm
drainage activities occurring in a Sensitive Area
or its Buffer must comply with the constraints and
conditions imposed by the Tukwila's Sensitive Areas
Ordinance as implemented by the City of Tukwila
Department of Community Development.
F. Clarification of Requirements - The Public Works
Director may provide technical updates to the King
County Surface Water Design Manual as new technical
methods and means become available.
2.2. Permit Authority
The Director of the Public Works Department for the City
of Tukwila is the responsible Administrative Officer of
this Ordinance and his /her authority includes the
establishment of Regulations and Procedures to carry out
the intent of this Ordinance.
2.3 Application for Storm Drainage Permit
The application for a Storm Drainage Permit shall*be
submitted on the standard Utility Permit Application Form
provided by the Public Works Department. The Application
may also include the following:
A. Vicinity Map.
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B. Site Plan.
C. Storm drainage Plan.
D. Maintenance Schedules and Agreements.
E. Work Schedule and Construction Cost Estimates for
each element in the required plans.
F. Hydrological Engineering Report.
G. Water Quality Analysis.
H. SEPA•- State Environmental Policy Act.
I. Performance Bond or other Security.
J. Supplemental Requirements /Conditions by the Public
Works Director or the Department of. Community
Development.
2.4 Description of Application Elements /Requirements
A. Vicinity Map - The vicinity map shall include the
following information:
1. Location of proposed storm drainage activities
in relation to the local drainage basins as
identified by the City of Tukwila
Comprehensive Storm drainage Plan on file in
the Department of Public Works.
2. Location of all water-courses and other
natural surface water system elements
downstream from the proposed storm drainage
activities.
3. Identification of upstream and downstream
drainage areas, including watershed boundaries
and predominant intra -basin flow paths.
B. Site Plan - The following information' shall be
included on the Site Plan for proposed storm
drainage activities:
1. Location and description of all watercourses,
impoundments, wetlands, and other surface
water features on or adjacent to the site.
2. Topography of the site for existing and
proposed contours, in two-foot intervals and
delineation of slopes.
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3. Delineation of the 100 year floodplain,
floodway, wetlands, streams and associated
buffers.
4. Proposed improvements including location and
description of all existing and proposed
buildings or other structures, impervious
surfaces, and storm drainage facilities, if
applicable.
5. Location and. identification of all property
lines, existing and proposed easements for the
storm water management facilities, and
easements to provide adequate access for
inspection and maintenance from a public
right -of -way.
6. Location and identification of all existing
and proposed utilities.
C. Storm Drainage Plan - The applicant is responsible'
for submitting a Storm Drainage Plan which meets
the design requirements, including the requirements
of the current King County Surface Water Design
Manual, of this Ordinance. The applicant shall
specify on the drawings submitted with such Plan
that all clearing, grading, drainage, construction
and development shall be conducted in strict
accordance with the Plan. In addition, any or all
of the following information may be required for
inclusion in the Storm Drainage Plan:
1. Structural details for and graphic
representation of all proposed drainage system
components and storm water management
facilities, including hydraulic calculations
for all system components and notes on
drawings specifying materials to be used.
2. Soils analysis, including test borings, which
are necessary for construction of small ponds
and /or infiltration facilities.
3. Construction specifications for all proposed
storm water management facilities.
4. Delineation and description of all temporary
drainage facilities, including erosion
control, to be employed during construction of
the permanent storm drainage system together
with a schedule for the maintenance of such
interim measures.
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5. Integration, where applicable, of all storm
drainage facilities with the permanent erosion
control facilities required by the Land -
Altering Ordinance (No. 1591); provided that
such integration shall in no way compromise
the effectiveness of such facilities.
D. Maintenance Schedules and Agreements for New
Drainage Facilities and City Wide Maintenance and
Monitoring Program for Existing Private Drainage -
1. Minimum Standards
The following are minimum standards for the
maintenance of storm water facilities by
private property owners unless publicly owned.
a) Facilities shall be inspected annually
and cleared of debris, sediment and
vegetation when they affect the
functioning and /or design capacity of the'
facility.
b) Grassy swales and other biofilters shall
be inspected monthly and mowed or
replanted as necessary. Clippings are to
be• removed and properly disposed of.
c)
Where lack of maintenance is causing or
contributing to a water quality problem,
immediate action may be taken to correct
the problem.
2. Maintenance Schedule for New Private Drainage
Facilities -
Prior to receiving a Storm Drainage Permit,
the applicant shall provide a monitoring . and
maintenance schedule for all permanent storm
drainage facilities that is binding on all
subsequent owners of the land directly served
by such facilities and conforms to the
following criteria:
a) The monitoring and maintenance schedules
required herein shall be developed for
the life of each storm drainage facility
and shall state the maintenance to be
completed, the time period for
completion, and who shall perform the
maintenance. The schedule shall also be
printed on the Storm Drainage Plan.
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The monitoring and maintenance schedule
shall provide for access to the storm
drainage facilities by the Public Works
Department and shall be formalized as an
agreement between the property owner and
the City. Such agreement shall be
affixed to the titles of affected
properties and recorded with the King
County Auditor's Office.
c) The owner of the property on which storm
water facilities are constructed pursuant
to this Ordinance shall be responsible
for maintaining such facilities. Failure
to maintain such facilities as prescribed
in the approved maintenance schedule may
result in the work being performed at the
direction of the Public Works Director
and the costs of such work may be
assessed as a lien against the property
on which such facilities are located.
This action shall be in addition to any
other enforcement provisions provided in
this Ordinance.
3. Establishment of City -Wide Maintenance and
Monitoring Program for Existing Private
Drainage Facilities:
By this Ordinance, the City establishes a
maintenance and monitoring program for private
drainage facilities within the City.' All
private property owners will maintain their
facilities in accord with Section 2.4, D, 1.
Also, all private property owners will comply
with the following:
a) Ownerships will develop a monitoring and
maintenance schedule for the life of each
existing storm drainage facility that
states the maintenance to be completed,
the time period for completion, and who
shall perform the maintenance.
c)
The monitoring and maintenance schedule
will provide for the access to the storm
drainage facilities by the Public Works
Department.
The owner of the property on which storm
water facilities exist will be
responsible for maintaining such
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facilities in accordance with the
maintenance standards set forth in the
King County Surface Water Design Manual.
'Failure to maintain such facilities in
accordance with the. monitoring and
maintenance schedule and the maintenance
standards prescribed in the King County
Surface Water Design Manual may result in
the work being performed at the direction
of the Public Works Director and the
costs of such actions may be assessed as
a lien against property on which such
facilities are located. This action will
be in addition to any other enforcement
provisions provided in this Ordinance.
E. Work Schedule and Construction Cost Estimates (for
each element in the required plans) - When
required, the applicant shall submit for approval a
work schedule and construction cost estimates
containing the following:
1. The work schedule shall identify the proposed
date(s) when storm drainage facilities will be
constructed and when they will be completed.
A schedule of proposed date(s) for
construction and completion of any interim
storm drainage facilities shall• also be
provided.
2. Construction cost estimates for any required
storm water facilities indicted on the Storm
Drainage Plan shall be provided in sufficient
detail to allow the Public Works Director to
determine the appropriate dollar amounts for
required securities and /or insurance.
F. Hydrological Engineering' Report - A hydrological
engineering report, when required, shall contain
all calculations necessary to determine the
suitability of the site for the proposed
development as well as the adequacy of all storm
water facilities to be constructed, to include:
1. Hydrology of the site including contributions
from upstream area as well as subsurface flow
patterns and volumes.
2. Hydraulic capacities and design dynamics for
all storm water facilities and maximum runoff
per design standards.
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3. Capacities of the public systems downstream
from the proposed development following
construction.
4. Maximum water course velocities that can be
maintained without significant detriment to
the natural channels (e.g., scouring,
sedimentation, erosion, etc.).
5. The predicted path that storm water runoff
will take during storm events which exceed
system design capacities.
G. Water Quality Analysis - When required, the
applicant shall provide baseline data for storm and
surface water quality entering the site per the
parameters indicated in the current storm water
standards. Such data shall be accompanied with
conclusions regarding the positive and negative
effects of the development on the water quality
downstream from the site as well as the predicted'
effects of on -site water quality mitigation
improvements, to include biofiltration systems as
required per King County Surface water Design
Manual. Documentation and test data supporting all
conclusions and recommendations as well as notes
delineating any hazardous substance storage areas
and proposed plans to protect water courses from
potential adverse impacts associated with such
storage shall also be provided.
H. SEPA (State Environmental Policy Act) - A Storm
Drainage Permit will not be issued prior to the
completion of the SEPA environmental review, when
required by the Department of Community
Development.
I. Performance Bond or Other Security - The Public
Works Director may require from the applicant a
surety, cash bond, irrevocable letter or credit, or
other means of security acceptable to the City,
prior to the issuance of a Storm Drainage Permit.
Such securities shall be administered in accordance
with Section 5.2. The amount of the security shall
not be less than the total estimated construction
cost of all interim and permanent storm water
control facilities and shall not be fully released
without final inspection and approval of completed
work by the City and the provision of "as- built"
plans.
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J. Supplemental Requirements /Conditions - (By the
Public Works Director and /or the Department of
Community Development) -
1. General. The Public Works Director may
require supplemental studies, inspections ,
and /or testing by an approved testing agency
at any stage of the application or project.
In addition, he /she may require other
conditions deemed necessary to prevent the
storm drainage activities from being conducted
in a manner hazardous to life or property, or
in a manner likely to create a nuisance. All
conditions must be identified on the Storm
Drainage Plan submitted for approval.
2. Insurance. If, in the opinion of the Public
Works Director, the nature of the work is such
that it may create a hazard to human life or
endanger adjoining property, property at a,
higher elevation, property at a lower
elevation, any street improvements, or any
other public property, the Public Works
Director may require the applicant to file a
certificate of insurance. Certificates of
insurance shall be administered as prescribed
in Section 5.3; provided that the Public Works
Director may require insurance in amounts
exceeding that specified in Section 5.3 in
order to provide adequate protection from
storm drainage activities possessing a higher
risk potential.
3. Special Conditions by the Department of
Community Development - In cases where the
proposed storm drainage activities may present
a threat to any water course or other
sensitive area or involve construction in the .
protective buffer associated with such areas
as identified in the City of Tukwila Sensitive
Areas Ordinance Number 1599, the City of
Tukwila Department of Community Development
may require additional conditions or
mitigation requirements deemed necessary to,
fulfill the intent of the Sensitive Areas
Ordinance. Such additional measures shall be
identified on the Storm drainage Plan and
approved by the Department of Community
Development prior to issuance of Storm
drainage Permit.
2.5 Issuance of Storm Drainage Permits
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A. Permits are not transferable without the approval
of the Public Works Director.
B. In issuing a Storm Drainage Permit, the Public
Works Director may waive the requirement for any or
all plans or specifications upon finding that the
information on the application is sufficient to
demonstrate that the proposed work will conform to
the requirements of this Ordinance, other laws and
ordinances, and the Comprehensive Storm Water
Management Plan Resolution No. 1262; provided,
however, that a waiver of any section of this
Ordinance shall not be construed as a waiver of any
other requirements of this or related regulations
and the applicant shall remain bound by all
conditions of the application.
C. Permit Processing /Timing -
1. Within 60 days of receipt of a completed
application for a Storm Drainage Permit'
(including all required accompanying
information), the Public Works Director will
review the application to determine if the
requirements of this Ordinance are met. The
Public Works Director may request comments
from other departments or agencies.
2. If the requirements of this Ordinance are met,.
the Public Works Director shall approve the
Storm Drainage Plan, inform the applicant, and
issue a permit.
3. If the requirements are not met, the Public
Works Director shall inform the applicant in
writing and may either require additional
information, or disapprove the plan. Within
21 days of the receipt of any resubmittal, the
Public Works Director shall again determine if
the Plan meets the requirements of this
Ordinance and shall either approve or
disapprove said resubmittal.
4. If the Plan is disapproved, the Public Works
Director shall inform the applicant in writing
of the reasons for disapproval.
5. Upon review and approval of all required
plans, the Public Works Director shall approve
the application, in writing, and issue the
permit upon payment of any applicable fees and
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.
the provision of any required financial
assurances and /or securities.
2.6 Amendment
Application for amendment to a permit shall be in written
and /or graphic form and may be made at any time through
the same process as the original application. Until such
time as an amendment is approved by the City, the storm
drainage activity shall not proceed except in accordance
with the Storm Drainage Permit as originally approved.
2.7 Storm Drainage Permit Fee
A non - refundable permit fee will be collected at the time
the storm drainage plan or application for a waiver is
submitted. The permit fee will provide for the cost of:
plan review; administration and management of the
permitting process; inspections; and, variance and
appeals processing pursuant to this Ordinance. A permit
fee schedule shall be established by Resolution of City
Council based on the relative complexities of storm
drainage projects, and may be amended from time to time.
2.8 Storm Drainage Permit Enforcement
If, through inspection or other means, it is determined
that a person engaged in a storm drainage activity has
failed to comply with approved Storm drainage Plans
and /or other permit conditions, any or all enforcement
actions prescribed in this Ordinance may be initiated.
When permit violations are identified; a written notice
of violation shall be served upon that person by
registered or certified mail or other means. The notice
shall set forth the measures necessary to achieve
compliance with the plan, specify the time period to
commence and complete corrections, and indicate the
consequences for failure to correct the violation.
A. Any Storm Drainage Permit issued by the City may be
suspended or revoked after written notice is given
to the permittee for any of the following reasons:
1. Any violation(s) of the conditions of the
Storm Drainage Permit.
2. Changes in site runoff characteristics upon
which a permit or waiver was granted.
3.
Construction not in accordance with the
approved plans.
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4. Non - compliance with correction notice(s) or
"stop work" order(s) issued for the
construction of temporary or permanent storm
water management facilities.
5. An immediate danger exists in a downstream
area or adjacent property as determined by the
Public Works Director.
6. If during the construction it is discovered
the drainage design contains incorrect data or
false information.
B. In addition to the action under subsection A, the
Public Works Director may post a site with a "stop
work" order directing that all storm drainage
activities cease immediately. The issuance of a
"stop work" order may include any "discretionary
conditions" or "standard requirements" which must
be fulfilled before work under the Storm Drainage
Permit may continue.
C. No work element on the approved inspection schedule
shall proceed until the City inspects and approves
the work previously completed and furnishes the
permittee with the results of such inspection.
2.9 Inspection Requirements During Construction
Regular inspections shall be made and logged by the
City's Utility Inspector (or his /her designee) at the
following intervals once storm .drainage construction
activities have been initiated:
A. Prior to clearing, filling, or grading;
B. After storm events involving at least .5 inches of
precipitation in a 24 -hour period.
C. Following installation of all temporary storm
drainage facilities;
D. Prior to and following installation of all
permanent storm water management facilities;
E. Prior to and following installation of water
quality control and flow attenuation devices;
F. During installation of all piping, catch basins,
inlet /outlet structures, concrete, and anti -seep
barriers /structures.
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G. Following permanent revegetation of the site.
Section 3 System /Property Protection.
3.1 Determination of Risk /Hazard
If the Public Works Director determines that a
significant risk of accelerated erosion, off -site
sedimentation, decreased water quality, or other adverse
impacts exists due to permitted storm drainage activities
he /she may require a revised Storm Drainage Plan.
Pending the preparation of the revised plan, work shall
cease or may continue under conditions prescribed by the
Public Works Director.
3.2 Emergency Action
Whenever the Public Works Director determines that the
acts or intended acts represented in the Storm Drainage
Plan constitute a hazard to life and limb, or endanger,
property, or adversely affect the safety, use or
stability of a public way, drainage channel, or Sensitive
Area or Buffer, the Public Works Director may initiate
all required actions to prevent or stop any storm
drainage activity. The developer or person conducting or
intending to conduct such activity, upon notification by
the Public Works Director shall, within the period
specified therein, terminate such activities.
Section 4. General Administrative Provisions.
4.1 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 property owner.
4.2 Securities
For developments which may involve .a risk of property
damages or possible hazards, the Public Works Director
may require the deposit of a financial security (bond,
note, letter of credit, etc.) with the City to mitigate
damages should they occur. The following provisions
shall apply in instances where such securities are
required:
A. Securities shall not exceed the estimated cost of
constructing and maintaining those improvements
which are the source of the risk or potential
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hazard, provided that, in the case of storm
drainage activities which do not involve
expenditures at least equal to the cost of
remedying the possible adverse impacts of such
activities, the required security 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.
B. The amount of any security shall not serve as a
gauge or limit to the compensation collected from a
property owner as a result of damages associated
with any storm drainage activity.
C. Securities shall be retained until the completion
of any project involving storm drainage activity or
following a prescribed trial maintenance period.
D. Securities and /or financial assurances provided in
accordance with this Ordinance may be redeemed in'.
whole or in part by the City of Tukwila 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 assurances to fully comply, within the
time. specified, with approved plans and /or any
corrective or enforcement actions mandated by
this Ordinance; or,
2. Damages to public or property arising from the
activities for which the assurance or security
was required.
4.3 Insurance
If, in the opinion of the Public Works Director, the
risks to property or.life and limb 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:
A. Bodily injury
occurrence.
B. Property damage
occurrence.
liability - $1 million per
liability - $1 million per
The Public Works Director may require higher policy
limits than stipulated above in those cases where the
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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 any responsibility for damage to
persons or property otherwise imposed by law; damages in
an amount greater than the insured amount; nor, imposes
any liability upon the City for damages to persons or
property arising from activities permitted by the City or
otherwise undertaken by any person.
4.4 Variances
The City may grant a written variance from any
requirements of this Ordinance 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 intent of..
this Ordinance. A written request stating the specific
variances sought and the reasons supporting the approval
of such variances shall be provided to the Public Works
Director. The Public Works Director shall then provide
a recommendation in writing to the City Council and the
Council shall make the final determination. The. City
shall not grant a variance unless and until sufficient
reasons justifying the variance are provided.
4.5 Permits
The application for and issuance of permits as prescribed
in this Ordinance' shall constitute the administrative
mechanism for the enforcement of the provisions contained
herein. Permits are transferable only by written request
by the applicant to the Public Works Director, and
written approval by the Public Works Director authorizing
the transfer.
4.6 Penalties
The following penalties shall be applied in whole or in
part for the violation of permit conditions contained in
this Ordinance or the failure to obtain permits required
for activities regulated by this Ordinance. All remedies
shall be considered cumulative and in addition to any
other lawful action. Each day that a violation of this
Ordinance is committed or permitted to continue
constitutes a separate offense to which both the civil
and criminal penalties set forth below shall apply.
A. Civil Penalties
30
1. The violation of or failure to comply with any
lawful order or requirement of the permit made
in accordance with the provisions of this
Ordinance is a civil violation. The
provisions of T.M.C. Chapter 8.45 shall be
used to enforce this chapter in addition to
any other procedures authorized by the T.M.C.
2. It shall not be a defense to the prosecution
for failure to obtain a permit required for
this Ordinance, or that a contractor,
subcontractor, person with responsibility on
the site, or person authorizing or directing
the work erroneously believed a permit had
been issued to the property owner or any other
person.
B. Criminal Penalties
Any person who knowingly or willfully violates any
provision of this Ordinance, or any rule or other
adopted or issued regulations pursuant to this
Ordinance, or who knowingly or willfully initiates
or continues any activity for which a permit is
required, except in accordance with the terms,
conditions, and provisions of an approved plan,
shall be guilty of a misdemeanor punishable by
imprisonment not to exceed 90 days or by a fine not
to exceed $5,000, or both, at the discretion of the
court.
4.7 Abatement
Any storm drainage activity performed in violation of
this Ordinance or any lawful order or requirement of the
Public Works Director pursuant to this Ordinance, shall
be deemed to be a public nuisance and may be abated in
the manner provided by T.M.C. Chapter 8.28.
4.8 Injunctive Relief
A. Whenever the governing body has reasonable cause to
believe that any person is violating or threatening
to violate this Ordinance or any rule or other
provisions adopted or issued pursuant to this
Ordinance, it may either before or .after the
institution of any other action or proceeding
authorized by this Ordinance, 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.
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B. The institution of an action for injunctive relief
under this section shall not relieve any party to
such proceedings from any civil or criminal penalty
prescribed for violations of this Ordinance.
4.9 Appeals
A. Appeals to Director - Any person aggrieved by the
action of any Public Works Staff designated to
enforce or administer any provision of this
Ordinance may appeal such action to the Director of
the department of Public Works for the City of
Tukwila. Such appeals may be in person or in
writing and shall be made within fourteen (14) days
from the date that the action subject to appeal was
initiated. No appeals to City Council, as
described below, shall be heard without prior
determination on the subject of such appeal by the
Director of the Department of Public Works of the
City of Tukwila.
B. Appeals to Council - Any person aggrieved by the
action of the Director of Public Works, as a result
of the disapproval of a properly filed application
for a permit variance, a written notice of
violation, an alleged failure to properly enforce
the Ordinance in regard to a specific application,
or the denial of an appeal to the Director of
Public Works, may appeal that decision to the City
Council. That appeal shall be made in writing to
the City Clerk within ten (10) days of the Director
of Public Works' decision and shall state the
reasons for the appeal. The City Council shall
affirm, deny, or modify the decision of the
director of Public Works within ninety (90) days of
the filing of the appeal. Prior to making its
decision, the City Council may hold a public
hearing. Appeals of decisions made by the Building
Official in reference to the application of this
Ordinance shall be made in accordance with Section
204 of the U.B.C.
Section 5 Severability.
If any portion of this Ordinance as now or hereafter
amended, is application to any person or circumstances is
held invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole, or
any section, provision, or part thereof not adjudicated
to be invalid or unconstitutional and its application to
other persons or circumstances shall not be affected.
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Section 6. Effective Date.
This Ordinance shall take effect. five (5) days from the
date of publication of the attached summary which is
hereby approved.
PASSED BY THE CITY COUNCIL OF TUKWILA, WASHINGTON, at a
regular meeting thereof this day of , 1995.
APPROVED:
John W. Rants Mayor.
Approved as to Form
Office of the City Attorney Attest /Authenticated
FILED WITH THE CITY .CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED VALLEY DAILY NEWS:
EFFECTIVE DATE:
ORDINANCE NO.
Jane Cantu, City Clerk
stormwt3.ord
MEMORANDUM
TO: Rick Beeler, ATT. Jack Pace
FROM: Phil Fraser
DATE: 10/28/94
i,61+--Cto
/ <
4.sefec)
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SUBJECT: Surface Water Management Ordinance
Environmental Checklist (if required)
- Request for Review
Attached is the Surface Water Management Ordinance
scheduled to go to Utilities Committee in late November
for your review.
Also, attached is a filled out checklist. At the time the
Surface Water Comprehensive Plan was adopted, this Surface Water
Management Ordinance was also included in that environmental
process. This Ordinance has been substantially modified since
that process a few years ago. Therefore, a new checklist has
been developed for processing, if appropriate...
Because this Ordinance will be going to the 11/29/94 Utilities
Committee Meeting, and the Ordinance needs to be adopted by
the City before the first of the year, I request DCD's rcwiew
comments back by 11/11/94.,
Thank -you.
Attachments (2) (x copies specified in checklist form)
xc. Ron Cameron
94- DR12.6 & .8
PF:prf:ulvsa4
RECEIVED
OCT 2 81994
DEVELOPMENT
ENVIRONMENTAL CHECKLIST
Purpose of Checklist:
L91 -viol
The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies
to consider the environmental impacts of a proposal before making decisions. An environmental impact
statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality
of the environment. The purpose of this checklist is to provide information to help you and the agency
identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done)
and to help the agency decide whether an EIS is required.
Instruction for Applicants:
This environmental checklist .asks you to describe some basic information about your proposal. The City
uses this checklist to determine whether the environmental impacts of your proposal are significant,
requiring preparation of an EIS. Answer the questions briefly, with the most precise information known,
or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases,
you should be able to answer the questions from your own observations or project plans without the need
to hire experts. If you really do not know the answer, or if a question does not apply to your proposal,
write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary
delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations.
Answer these questions if you can: If you have problems, the City staff can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attached any additional information that will help describe your
proposal or its environmental effects. The City may ask you to explain your answers or provide additional
information reasonably related to determining if there may be significant adverse impact.
Use of checklist for nonproject proposals:
Nonproject proposals refer to actions which are different or broader than a single site specific development
project, such as plans, policies and programs.
G.::, ECE V F D
Complete this checklist for nonproject proposals, even though questions may be answe ed "does not apply ".
In addition, complete the supplemental sheet for nonproject actions (part D). u 2 1994
• L;v JVJUN
For nonproject actions, the references in the checklist to the words "project , applieari4i d .mperty
or site" should read as "proposal ", "proposer ", and "affected geographic area ", respectively.
INTERIM
(3/11/94)
PLEASE SUBMIT THE FOLLOWING INFORMATION:
1. TWELVE SETS OF THE PLANS NEEDED TO CLEARLY Y DESCRIBE THE
PROPOSED ACTIONS.
2. ONE PMT SET OF PLANS REDUCED TO 8 1/2 X 11.
3. FOUR COPIES OF ANY STUDIES NEEDED IN SUPPORT OF THE
CHECK. :1ST.
4. FIFTEEN COPIES OF THE ENVIRONMENTAL CHECKLIST WHICH
INCLUDES 8 1/2 X 11 COPIES OF THE REDUCED PLANS.
ADDITIONAL COPIES OR FURTHER INFORMATION MAY BE REQUIRED..
Control No.
Epic File No.
Fee $ 325 Receipt No.
ENVIRONMENTAL CHECKLIST
A. BACKGROUND
1. Name of proposed project, if applicable: Surface Water Management Ordinance
2. Name of applicant: City of Tukwila
3. Address and phone number of applicant and contact person: 6300 Southcenter Blvd.,
Tukwila WA 98188 (433 -0179) Phil Fraser, Senior Engineer
4. Date checklist prepared: 10/26/94
5. Agency requesting Checklist: (DCD) City of Tukwila
6. Proposed timing or schedule (including phasing, if applicable):
To Utilities Committee late November 1994 and to Council early December 1994
for adoption
7. Do you have any plans for future additions, expansion, or further activity
related to or connected with this proposal? If yes, explain.
Adoption of City Drainage Standards
8. List any environmental information you know about that has been prepared, or will
be prepared, directly related to this proposal.
Environmental checklist was submitted for both Comprehensive -Hainage Plan
and earlier version of this Ordinance
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes,
explain. Department of Ecology requires adopted surface water management
ordinance by January 1, 1995
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> '1903
D `'v i; L. O P M .'E S `, i T
10. List any government approvals or permits that will be needed for your proposal.
None
11. Give brief, complete description of your proposal, including the proposed uses
and the size of the project and site. There are several questions later in this
checklist that ask you to describe certain aspects of your proposal. You do not
need to repeat those answers on this page. Section E requires a complete
• description of the objectives and alternatives of your proposal and should not be
summarized here.
The Surface Water Management Ordinance is necessary regulation provided to control
and prevent adverse impacts to private and public property and threats to public
safety associated with surface water runoff. This resolution includes adoption a
King County Surface Water Design Manual and establishing standards and other de-
sign criteria; establishing permit /plan review process; establishment of maintenace
requirements; establishing variance and exception criteria; establishing procedures*
12. Location of the proposal. Give sufficient information for a person to understand
the precise location of your proposed project, including a street address, if
any, and section, township, and range, if known. If a proposal would occur over
a range of area, provide the range or boundaries of the site(s). Provide a legal
description, site plan, vicinity, map, and topographic map, if reasonably
available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applica-
tions related to this checklist.
City —wide
13. Does the proposal lie within an area designated on the City's Comprehensive Land
Use Policy Plan Map as environmentally sensitive?
Yes, all designated areas
*in event of hazards; establishing bond and insurance criteria; and establishing
penalties and procedures for ordinance violations.
-3-
TO BE COMPLETED BY APPLICANT Evaluation for
Agency Use Only
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one): Flat,
rolling, hilly, steep slopes, mountainous, other
City —wide
b. What is the steepest slope on the site (approximate
percent slope)? N/A
c. What general types of soils are found on the site
(for example, clay, sand, gravel, peat, muck)? If
you know the classification of agricultural soils,
specify them and note any prime farmland.
N/A
d. Are there surface indications or history of unstable
soils in the immediate vicinity? If so, describe.
N/A
e. Describe the purpose, type, and approximate quanti-
ties of any filling or grading proposed. Indicate
source of fill.
N/A
f. Could erosion occur as a result of clearing,
construction, or use? If so, generally describe.
g.
N/A
About what percent of the site will be covered with
impervious surfaces after project construction (for
example, asphalt or buildings)?
N/A
Evaluation for
Agency Use Only
h. Proposed measures to reduce or control erosion, or
other impacts to the earth, if any:
The storm drain permit process also
requires application of LAO /SAO
2. Air
a. What types of emissions to the air would result from
the proposal (i.e., dust, automobile odors,
industrial wood smoke) during construction and when
the project is completed? If any, generally
describe and give approximate quantities if known.
N/A
b. Are there any off -site sources of emissions or odor
that may affect your proposal? If so, generally
describe.
N/A
c. Proposed measures to reduce or control emissions or
other impacts to air, if any:
N/A
3. Water
a. Surface:
1) Is there any surface water body on or in the
immediate vicinity of the site (including year -
round and seasonal streams, saltwater, lakes,
ponds, wetlands)? If yes, describe type and
provide names. If appropriate, state what
stream or river it flows into. City -wide
includes: Green - Duwamish River; Gilliam Creek,
Nort or i iam ree ; otiagate Creek awn
^ enr °cres a7aer-
an several Tukwila Pond ndwttcourses.
Evaluation for
Agency Use Only
2) Will the project require any work over, in, or
adjacent to (within 200 feet) the described
waters? If yes, please describe and attach
available plans.
N/A
3) Estimate the amount of fill and dredge material
that would be placed in or removed from surface
water or wetlands and indicate the area of the
site that would be affected. Indicate the
source of fill material.
N/A
4) Will the proposal require surface water
withdrawals or diversions? Give general
description, purpose, and approximate quan-
tities, if known.
N/A
5) Does the proposal lie within a 100 -year
floodplain? If so, note location on the site
plan.
City -wide
6) Does the proposal involve any discharges of
waste materials to surface waters? If so,
describe the type of waste and anticipated
volume of discharge.
N/A
Evaluation for
Agency Use Only
b. Ground:
1) Will ground water be withdrawn, or will water be
discharged to ground water? Give general
description, purpose, and approximate quan-
tities, if known.
NJA
2) Describe waste materials that will be discharged
into the ground from septic tanks or other sour-
ces, if any (for example: Domestic sewage;
industrial, containing the following
chemicals...; agricultural; etc.) Describe the
general size of the system, the number of such
systems, the number of houses to be served (if
applicable), or the number of animals or humans
the system(s) are expected to serve.
Ira
c. Water Runoff (including storm water):
1) Describe the source of runoff (including storm
water) and method of collection and disposal, if
any (include quantities, if known). Where will
this water flow? Will this water flow into
other waters? If so, describe.
N/A
Evaluation for
Agency Use Only
2) Could waste materials enter ground or surface
waters? If so, generally describe.
N/A
d. Proposed measures to reduce or control surface,
ground, and runoff water impacts, if any:
4. Plants N/A
a. Check or circle types of vegetation found on the
site:
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
grass
pasture
crop or grain
wet soil plants: cattail, buttercup, bullrush,
skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other types of vegetation
b. What kind and amount of vegetation will be removed
or altered?
N/A
c. List threatened or endangered species known to be on
or near the site.
N/A
Evaluation for
Agency Use Only
d. Proposed landscaping, use of native plants, or other
measures to preserve or enhance vegetation on the
site, if any:
N/A
5. Animals
a. Circle any birds and animals which have been
observed on or near the site or are known to be on
or near' the site:
birds: hawk, heron, eagle, songbirds, other:
N/A
mammals: deer, bear, elk, beaver, other:
N/A
fish: bass, salmon, trout, herring, shellfish,
other: N/A
b. List any threatened or endangered species known to .
be on or near the site.
c. Is the site part of a migration route? If so,
explain. City —wide.
City does serve as a migratory router
many species of —birds
d. Proposed measures to preserve or. enhance wildlife,
if any: Requires application of LAO /SAO where
applicabfe .Provides water quality
requirements as part of permits process.
Evaluation for
Agency Use Only
6. Energy and Natural Resources.
a. What kinds of energy (electric, natural gas, oil,
wood stove, solor) will be used to meet the
completed project's energy needs? Describe whether
it will be used for heating, manufacturing, etc.
N/A
b. Would your project affect the potential use of solar
energy by adjacent properties ?. If so, generally
describe.
N/A
c. What kinds of energy conservation features are
included in the plans of this proposal? List other
proposed measures to reduce or control energy
impacts, if any:
N/A
7. Environmental Health
a. Are there any environmental health hazards,
including exposure to toxic chemicals, risk of fire
and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? If so,
describe.
N/A
1) Describe special emergency services that might
be required.
N/A
2) Proposed measures to reduce or control environ-
mental health hazards, if any:
Local flooding will be controlled
by permit conditions.
Evaluation for
Agency Use Only
b. Noise
1) What types of noise exist in the area which may
affect your project (for example: traffic,
equipment, operation, other)?
NIA
2) What types and levels of noise would be created
by or associated with the project on a short -
term or a long -term basis (for example: traf-
fic, construction, operation, other)? Indicate
what hours noise would come from the site.
N/A
3) Proposed measures to reduce or control noise
impacts, if any:
N/A
8. Land and Shoreline Use
a. What is the current use of the site and adjacent
properties?
City—wide
b. Has the site been used for agriculture? If so,
describe.
N/A
c. Describe any structures on the site.
N/A
Evaluation for
Agency Use Only
d. Will any structures be demolished? If so, what?
N/A
e. What is the current zoning classification of the
site? City —wide
f. What is the current comprehensive plan designation
of the site? N/A
g.
If applicable, what is the current shoreline master
program designation of the site?
N/A
h. Has any part of the site been classified as an
"environmentally sensitive" area? If so, specify.
N/A
i. Approximately how many people would reside or work
in the completed project?
N/A
j. Approximately how many people would the completed
project displace?
N/A
k. Proposed measures to avoid or reduce displacement
impacts, if any:
N/A
1. Proposed measures to ensure the proposal is com-
patible with existing and projected land uses and
plans, if any: Includes application of
adopted' Comprehensive Storm Drain Plan
and permit actions tied into land use
planning process
Evaluation for
Agency Use Only
•
9. Housing
a. Approximately how many units would be provided, if
any? Indicate whether high, middle, or low- income
housing?
N/A
b. Approximately how many units, if any, would be eli-
minated? Indicate whether high, middle, or low -
income housing.
N/A
c. Proposed measures to reduce or control housing
impacts, if any:
N/A
10. Aesthetics
a. What is the tallest height of any proposed
structure(s), not including antennas; what is the
principal exterior building material(s) proposed?
N/A
b. What views in the immediate vicinity would be
altered or obstructed?
N/A
c. Proposed measures to reduce or control aesthetic
impacts, if any:
N[A
•
11. Light and Glare
a. What type of light or glare will the proposal
produce? What time of day would it mainly occur?
N/A
b. Could light or glare from the finished project be a
safety hazard or interfere with views?
N/A
c. What existing off -site sources of light or glare may
affect your proposal?
N/A
d. Proposed measures to reduce or control light and
glare impacts, if any:
N/A
12. Recreation
a. What designed • and informal recreational oppor-
tunities are in the immediate vicinity?
N/A
b. Would the proposed project displace any existing
recreational uses? If so, describe.
N/A
c. Proposed measures to reduce or control impacts on
recreation, including recreation opportunities to be
provided by the project or applicant, if any:
N/A
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Evaluation for
Agency Use Only
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or pro-
posed for, national, state, or local preservation
registers known to be on or next to the site? If
so, generally describe.
N/A
b. Generally describe any landmarks or evidence of
historic, archaeological, scientific, or cultural
importance known to be on or next to the site.
NIA
c. Proposed measures to reduce or control impacts, if
any:
N/A
14. Transportation
a. Identify public streets and highways serving the
. site, and describe proposed accss to the existing
street system. Show on site plans, if any.
N/A
b. Is the site currently served by public transit? If
not, what is the approximate distance to the nearest
transit stop?
N/A
c. How many parking spaces would the completed project
have? How many would the project eliminate?
NIA
Evaluation for
Agency Use Only
Evaluation for
Agency Use Only
d. Will the proposal require any new roads or streets,
or improvements to existing roads or streets, not
including driveways? If so, generally. describe
(indicate whether public or private).
N/A
e. Will the project.use (or occur in the immediate
vicinity of) water, rail, or air transportation? If
so, generally describe.
N/A
f. How many vehicular trips per day would be generated
by the completed project? If known, indicate when
peak volumes would occur.
N/A
g. Proposed measures to reduce or control transpor-
tation impacts, if any:
N/A
15. Public Services
a. Would the project result in an increased need for
public services (for example: fire protection,
police protection, health care,'schools, other)? If
'so, generally describe.
N/A
b. Proposed measures to reduce or control direct
impacts on public services, if any.
N/A
Evaluation for
Agency Use Only
16. Utilities
a. Circle utilities currently available at the site:
electricity, natural gas, water, refuse service,
telephone, sanitary sewer, septic system, other.
N/A
b. Describe the utilities that are proposed for the
project, the utility providing the service, and the
general construction activities on the site or in
the immediate vicinity which might be needed.
N/A
C. Signature
The above answers are true and complete to the best of
my knowledge. I understand that the lead agency is
relying on them to make its decision.
Signature:
Date Submitted: 10/27/94
PLEASE CONTINUE TO THE NEXT PAGE.
TO BE COMPLETED BY APPLICANT Evaluation for
Agency Use Only
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
(do not use this sheet for project actions)
Because these questions are very general, it may be helpful
to read them in conjunction with the list of the elements of
the environment.
When answering these questions, be aware of the extent the
proposal, or the types of activities likely to result from
the proposal, would affect the item at a greater intensity
or at a faster rate than if the proposal were not imple-
mented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge
to water; emissibns to air; production, storage, or
release of toxic or hazardous substances; or production
of noise? The surface water management ordinance
maintains discharges to pre — development
rates unless direct discharge to Green— Duwamish
River does not surcharge downstream
drainage system.
Proposed measures to avoid or reduce such increases are:
Plan review /permit inspection process
provided in Ordinance.
2. How would the 'proposal be likely to affect plants, ani-
mals, fish, or marine life?
By preserving drainage to pre — development
rates, creeks, streams and wetlands that
provide habitat tor plants, animals and fish
are protected from excessive flows, erosion
and flooding.
Proposed measures to protect or conserve plants, ani-
mals, fish, or marine life are:
See Above
Evaluation for
Agency Use Only
3. How would the proposal be likely to deplete energy or
natural resources?
N/A
Proposed measures to protect or conserve energy and
natural resourses are:
Natural resources. are conserved
from effects of flooding.
4. How would the proposal be likely to use or affect
environmentally sensitive areas or areas designated (or
eligible or under study) for governmental protection;
such as parks, wilderness, wild and scenic rivers,
threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime
farmlands?
Application of Sensitive Area Ordinance
for all sensitive areas in City as condition
of permit application.
Proposed measures to protect such resources or to avoid
or reduce impacts are:
SAO applied as condition of permit
5. How would the proposal be likely to affect land and
shoreline use, inclduing whether it would allow or
encourage land or shoreline uses incompatible with
existing plans?
Work in shoreline area also requires
application for drainage permit,
to assure drainage issues within shoreline
are addressed.
Evaluation for
Agency Use Only
Proposed measures to avoid or reduce shoreline and land
use impacts area:
Application of shoreline permit through
application of drainage permit.
How does the proposal conform to the Tukwila Shoreline
Master Plan?
Yes
6. How would the proposal be likely to increase demands on
transportation or public services and utilities? .
No
Proposed measures to reduce or respond to such demand(s)
are:
This process supports street use /drainage
permit process.
7. Identify, if possible, whether the proposal may conflict
with local, state, or federal laws or requirements for
the protection of the environment.
Does not
8. Does the proposal conflict with policies of the Tukwila
Comprehensive Land Use Policy Plan? If so, what poli-
cies of the Plan?
T)nes not
Proposed measures to avoid or reduce the conflict(s)'
are:
NIA
-21-
Evaluation for
Agency Use Only
TO 3E COMPLETED BY APPLICAN
E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT
PROPOSALS
The objectives and the alternative means of reaching the
objectives for a proposal will be helpful in reviewing the
aforegoing items of the Environmental Checklist. This
information provides a general overall perspective of the
proposed action in the context of the environmental infor-
mation provided and the submitted plans, documents, suppor-
tive information, studies, etc.
1. What are the objective(s) of the proposal?
Control and /or prevent adverse impacts to private and
public property and threats to the public safety associated
with surface water runoff.
Establish minimum requirements and prcedures to prevent
damage to water courses, wetlands and surface water
conveyance systems.
Establish and enforce storm drainage standards for the
development activities of the City.
2. What are the alternative means of accomplishing these
objectives?
Do nothing
Develop City's own design standards manual
3. Please compare the alternative means and indicate the
preferred course of action:
King County has in past and continues to work closely
with DOE to upgrade design criteria and standards that
meet DOE requirements. Also, King County regulates
drainage and maintains public systems for most of the
Green /Duwamish watershed. To apply uniform design
standards and criteria in the watershed it makes sense
to adopt King County Surface Water Design Manual.
Evaluation for
Agency Use Only
Evaluation for.
Agency Use Only
4. Does the proposal conflict with policies of the Tukwila
Comprehensive Land Use Policy Plan? If so, what poli-
cies of the Plan?
N/A
Proposed measures to avoid or reduce the conflict(s)
are:
N/A
-23-
CITY OF TUKWILA
STORM WATER MANAGEMENT ORDINANCE
AN ORDINANCE of the City of Tukwila relating
to surface water management; stating the
purpose for comprehensive management of
surface and storm waters; providing
definitions; establishing when drainage review
and permit is required; requiring engineering
plans; establishing standards for drainage
design; establishing requirements for drainage
review; providing for critical drainage areas;
establishing procedures for submitting
engineering plans; establishing procedures and
conditions related to construction timing and
final approval; establishing maintenance
requirements; requiring bonds and liability
insurance; establishing procedures in event of
hazards; establishing variance procedures;
establishing bond and insurance requirements;
authorizing administration; establishing
penalties and procedures for ordinance
violations; and establishing an effective
date.
WHEREAS, by Ordinances Nos. 1523 and 1549 and Resolution No. 1672
the City Council previously established a surface water utility,
adopted a comprehensive surface water plan and established service
charges; and
WHEREAS, King County has updated its Surface Water Runoff Policy
and has implemented a Surface Water Design Manual; and
WHEREAS, the City Council finds that the public health, safety and
welfare would be promoted by establishing similar comprehensive and
technical requirements for management of surface and storm waters
and to include a Surface water Drainage Design Manual;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN
AS FOLLOWS:
Section 1. Title, Purpose, Scope and Definitions.
1.0 Title
This Ordinance shall be known as the City of Tukwila
"Storm Water Management Ordinance" and may be so cited.
p!= r1 =AVED
OCT 2 81994
1.1 Purpose
The purpose of this Ordinance is to:
(.A i v.IvIL11V11 "Y
DEVELOPMENT
A. Control and /or prevent adverse impacts to private
and public property and threats to public safety
associated with surface water runoff.
B. Establish minimum requirements and procedures to
prevent damages to watercourses, wetlands, and
surface water conveyance systems.
C. Establish and enforce storm drainage standards for
development activities in the City of Tukwila.
1.2 Scope
This Ordinance sets forth rules, regulations, and
processes to control storm drainage activities within the
City of Tukwila.
1.3 Definitions
Adverse Impact - Any deleterious effect on waters or
- wetlands, to include but not limited to, effects
involving: quality, quantity, surface area, species
composition, aesthetics, usefulness for human or natural
uses, biological productivity, diversity, and /or
stability.
Agricultural Land Management Practices - Those practices
employed commercially and /or by residential households to
cultivate land for crop production which ensure
conservation of related soil and water resources.
Applicant - Any person, firm, or governmental agency
proposing to carry out storm drainage activities in
connection with development of a project for which City
reviews and /or permits are required.
Biofiltration Facility - The simultaneous processes of
filtration, infiltration, adsorption, and biological
uptake of pollutants in stormwater that take place when
runoff flows over and through vegetated treatment
facilities.
Buffer (Also known as "Sensitive Area Buffer) - The area
contiguous to a sensitive area that is required for the
continued maintenance, function, and structural stability
of the sensitive area.
Clearing - Any removal of trees, brush, grass, ground
cover or other vegetative matter from a site which
exposes the earth's surface at the site.
2
Design Storm - That rainfall event which is selected by
the Engineer for purposes of design, specifying both the
return period in years and the duration in hours.
Detention Facilities - Facilities designed to hold runoff
while gradually releasing it at a predetermined maximum
rate.
Develop - Any change to runoff characteristics of a
parcel of land in conjunction with residential,
commercial, industrial or institutional construction or
alteration.
Development - For the purposes of this Ordinance any
activity that requires a permit or approval, including
but not limited to a building permit, land altering
permit, flood control zone permit, shoreline substantial
development permit, conditional use permit, unclassified
use permit, zoning variance or reclassification, planned
unit development, subdivision, short subdivision, master
plan development, building site plan, or right -of -way.
Development Standards - The formally adopted standards
prescribing the specific manner in which development is
to take place in the City of Tukwila.
Director of Public Works - the Director of the Department
of Public Works for the City of Tukwila, or Public Works
Department Staff designated by the Director to discharge
the requirements of this Ordinance; provided, however,
that any delegation of the administration and enforcement
of this Ordinance shall in no way-absolve the Director of
Public Works of his /her responsibility for the actions
taken by Staff pursuant to such delegation.
Drainage Facility - Structures or features, natural or
artificial, that convey, treat, and /or abate surface
water runoff, including but not limited to detention
facilities, retention facilities, and drainage
retention /abatement facilities.
Drainage Review - An evaluation by the City staff of a
proposed project's compliance with the drainage
requirements in the Surface Water Design Manual.
Drainage System - The drainage system comprised of
natural and artificial systems that convey surface water
within the City of Tukwila. This system includes pipes,
culverts, ditches, open channels, streams, lakes, rivers,
ponds, and detention and retention ponds, as well as
other types of conveyance facilities. Depending on its
3
context, a drainage system refers to either the public
drainage system or a private drainage system, or to both.
Drainage Treatment /Abatement Facilities -Any facilities
installed or constructed in conjunction with a drainage
plan for the purpose of treating urban runoff to improve
water quality, excluding retention or detention
facilities.
Easement - A legal grant or reservation by a land owner
for the use of such land by others for a specific purpose
or purposes and which must be included in the conveyance
of land affected by such easement.
Engineer - A professional engineer licensed by the State
of Washington.
Engineering Plans - The drawings, plans, specifications,
contracts and permits which depict how construction is to
occur.
Erosion /sedimentation Control - Any temporary or
permanent measure taken to reduce erosion, control
siltation and sedimentation, and ensure that sediment
laden water does not leave the site.
Illicit Discharge - All nonstormwater discharges to
stormwater drainage systems that cause or contribute to
a violation of state water quality, sediment quality, or
groundwater quality standards, including but not limited
to sanitary sewer connections, industrial process water,
interior floor drains, car washing, and gray water
systems.
Improvement - Streets (with or without curbs or gutters),
sidewalks, crosswalks, parking lots, water mains,
sanitary and storm sewers, drainage facilities, street
trees and other appropriate items.
Master Drainage Plan - A comprehensive drainage control
plan intended to prevent significant adverse impacts to
the natural and manmade drainage system, both on and off-
site.
Natural Location - The location of those channels,
swales, and other natural conveyance systems as defined
by the first documented topographic contours existing for
the subject property, either from maps or photographs, or
such other means as appropriate.
Permittee - Any person obtaining a Storm Drainage Permit
in accordance with this Ordinance.
4
Plan - See Engineering Plans
Planned Unit Development - Residential developments which
are planned and /or developed in several stages but
submitted together for approvals, and which typically
consist of clusters of structures interspersed with areas
of common open space.
Pollutant - Any substance which, when added to water,
would contaminate or alter the chemical, physical, or
biological properties of any waters of the City's
drainage system or of the State. This includes a change
in temperature, taste, color, turbidity, or odor of the
waters, or such discharge of any liquid, gaseous, solid,
radioactive, or other substance into any waters of the
City's drainage system or of the State as will or is
likely to create a nuisance. It also includes any
substance which renders such waters harmful, detrimental,
or injurious to the public health, safety, or welfare, or
to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to
livestock, wild animals, birds, fish, or other aquatic
life.
Private Drainage System - Drainage systems located on
private property and designed to discharge directly as
through pipes, channels, etc., or indirectly as sheet
flow, subsurface flow, etc. into the City's drainage
system.
Public Drainage System - That portion of the drainage
system of the City located on public right -of -way or
other property owned by the City, and those portions of
private drainage systems assumed by the City.
Public Works Director - see Director of Public Works.
Receiving Bodies of Water - Creeks, streams, lakes, and
other bodies of water into which waters from drainage
systems are directed, either naturally, in artificial
ditches, or in closed conduit systems.
Retention Facilities - Facilities designed to hold water
for a considerable length of time and then release it by
evaporation, plant transpiration and /or infiltration into
the ground.
Runoff - Water traveling across the ground surface as a
result of precipitation or other natural source.
5
Sediment - Solid particulate matter, both mineral and
organic, that has been or is being transported by water,
air, gravity, or ice, from its original site.
Sensitive Area -Wetlands, watercourses, landslide hazard
areas .and._abandoned...coal...mines as .designated or defined
by the City of Tukwila Sensitive Area Ordinance.
Site - A legally defined section of real property, whose
boundaries are recorded for purposes of assessing taxes
with the county Assessor's Office, where storm drainage
activities are proposed; which may include all contiguous
land and /or water in one ownership, or being developed as
a unit, although not necessarily at one time.
Stabilization - The prevention of soil movement by any
various vegetative and /or structural means.
Storm Drainage Facilities - The system of inlets,
conduits, channels, ditches, and appurtenances, which
serve to collect, control, convey, and treat storm water
through and /or from a given drainage area.
Storm Drainage Plan - See Engineering Plans
Storm Water Quantity Control Measures - Quantitative
control of storm water runoff through a system of
vegetative, structural, and other measures designed to
mitigate increased volumes and rates of flow brought
about by man -made changes to the land.
Storm Water Quality Control Measures - Qualitative
control of storm water runoff through a system of
vegetative, structural, and other measures designed to
reduce or eliminate pollutants that might otherwise be
carried by storm water runoff.
Storm Water Standards - Those drawings, details, and
requirements adopted by the City of Tukwila, which depict
the manner in which storm control measures and associated
appurtenances must be constructed and maintained.
Surface and Storm Water - 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 ground water. The term
"runoff" is synonymous.
Surface and Storm Water Management System - Drainage
facilities and any other natural features which collect,
store, control, treat and /or convey surface and storm
water.
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Surface Water - The naturally occurring water that flows
over or is stored upon the earth's surface.
Surface Water Design Manual - The manual (and supporting
documents as. appropriate) describing surface and storm
water design and analysis requirements, procedures and
guidance which is hereby adopted by reference. A copy of
the Manual is on file in the office of the City Clerk for
use and examination by the public.
Water Quality Swale - An open vegetated drainage channel
intended to optimize water quality treatment of surface
and storm water runoff by following the specific design
criteria described in the Surface Water Design Manual.
Watercourse - Any course or route formed by nature or
modified by man, generally consisting of a channel with
a bed and banks or sides substantially throughout its
length along which surface water flows naturally (other
than the Green /Duwamish River). The channel or bed need
not contain water year- round. This definition is not
meant to include irrigation ditches, the storm water
system or other entirely artificial watercourses unless
they are used by salmonids or to convey sections of
streams.
Watershed - The total drainage area, separated by a ridge
line which contributes runoff to a single point.
Wetland - An area that is inundated or saturated by
ground or surface water at a frequency and duration
sufficient to support and, that under normal
circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, bogs, and similar
areas (Army Corps of Engineers Regulation 33 CFR
323.2(c)). Constructed wetlands are not considered
wetlands for the purpose of this Ordinance, however,
those artificial wetlands intentionally created from non -
wetland areas to mitigate conversion of wetlands as
permitted by the City shall be considered wetlands.
Wetponds and Wetvaults - Drainage facilities for water
quality treatment that contain a permanent pool of water,
usually four feet in depth, that are filled during the
initial runoff from a storm event. They are designed to
optimize water quality by providing retention time (on
the order of a week or more) in order to settle out
particles of fine sediment to which pollutants such as
heavy metals absorb, and to allow biologic activity to
occur that metabolizes nutrients and organic pollutants.
7
For wetvaults the permanent pool of water is covered by
a lid which blocks sunlight from entering the facility,
limiting the photodependent biologic activity.
1.4 Drainage Review and Permits - When Required
A. Permits. A drainage review is required for any
proposed development requiring one of the permits
or approvals listed in Subsection B of this Section
which would:
1. Add more than five thousand (5,000) square
feet of new impervious surface; or
2. Collect and concentrate surface and storm
water runoff from a drainage area of more than
five thousand (5,000) square feet; or
3. Contain or abut a floodplain, stream, wetland
or closed depression, or a sensitive area as
defined by ordinance or as determined by the
Public Works Director.
B. The following permits and approvals will be
required to have a drainage review if the project
involves the planned actions listed in Subsection A
of this Section:
1. Commercial building;
2. Conditional use;
3. Formal subdivision (plat);
4. Land Altering /Sensitive Area and /or Flood Zone
Control permit;
5. Master plan development;
6. Planned unit development;
7. Residential building;
8. Right -of -way use;
9. Shoreline substantial development;
10. Administrative subdivision (short plat);
11. Special use;
12. Unclassified use;.
8
13. Zoning reclassification; and /or
14. Zoning variance.
1.5 Engineering Plans - Contents
All submittal procedures, definitions, and specifications
for the required contents of engineering plans are
presented in the plan review process section of the
Surface Water Design Manual.
1.6 Drainage Review Requirements
A. Storm Water Design Standards
All storm drainage activities shall be undertaken
in accordance with the following criteria and
standards:
1. Design Criteria. Storm water management'
measures shall be designed and constructed in
accordance with the standards and
specifications as set forth in the Surface
Water Design Manual, January 1992, or as
amended hereafter, published by King County
Public Works Department - Surface Water
Division.
2. Additional Criteria in Basin Plans. Where the
City of Tukwila Comprehensive Storm Water
Management Plan or City drainage basin plans
prescribe specific design criteria which
differ from those stated herein or as
prescribed in the Surface Water Design Manual,
the requirements of the drainage basin plans
shall govern.
3. City Development Standards. Specific detail
drawings and design criteria for storm
drainage facilities and storm drainage
activities shall also be constructed or
undertaken in accordance with the City of
Tukwila Development Standards when adopted by
the City Council.
B. Core Requirements. Every permit or approval
application with drainage review required by
Section 3 of this Ordinance must meet each of the
following core requirements which are described in
detail in the Surface Water Design Manual;
1. Core Requirement #1. Discharge at the natural
location. The discharge from a project site
9
must occur at the natural location and /or
produce no significant adverse impact, as
described in the Surface Water Design Manual.
2. Core Requirement 12. Off -site analysis. All
projects must identify an upstream tributary
drainage area and perform a downstream
analysis. Levels of analysis required depend
on the problems identified or predicted. At a
minimum, a level one analysis as described in
the Surface Water Design Manual must be
submitted with the initial permit application.
3. Core Requirement #3. Runoff control. All
projects shall provide runoff controls to
control the quantity and quality of runoff
from the project by limiting the peak rates of
runoff from design storm events to the
predeveloped peak rates based on the project
site's existing runoff conditions. The design
volume, when detention facilities are required
by the Surface Water Design Manual to meet the
standard runoff control performance curve for
the two- and ten -year, twenty -four hour
duration design storm events, shall be
increased by a thirty percent factor for
safety. This factor of safety shall be
reviewed as new research is completed to
evaluate its effectiveness.
4. Core Requirement #4. Conveyance system. All
conveyance systems for projects must be
analyzed, designed and constructed for
existing tributary off -site flows and
developed on -site flows from the project.
5. Core Requirement #5. Erosion /sedimentation
control plan. All engineering plans for
projects that involve modification or
significant impact to existing drainage
facilities and /or construction of new drainage
facilities must include a plan to control
erosion and sedimentation during construction
and to permanently stabilize soils at the
site.
6. Core Requirement #6. Maintenance and
operation. Maintenance of all drainage
facilities constructed or modified by a
project is the responsibility of the property
owner as described in the Surface Water Design
Manual, except the City may perform
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maintenance of drainage facilities constructed
for formal plat subdivisions, and some short
plat subdivisions, two years after final plat
recording following an inspection by the City.
7.... Core Requirement #7. Bonds and liability.
All drainage facilities for projects (except
downspout roof drain infiltration systems)
must comply with the bond and liability
requirements of Section 9 of this Ordinance.
C. Special Requirements. In addition to the core
requirements, engineering plans must also meet any
of the following special requirements which apply
to the project and which are described in detail in
the Surface Water Design Manual:
1. Special Requirement #1. Critical drainage
area. If a project lies within an area
designated by Ordinance or by the Public Works
Director as a "critical drainage area ", then
the project drainage review and engineering
plans shall be prepared in accordance with
special critical drainage area requirements
adopted by the Public Works Director.
2. Special Requirement #2. Compliance with an
existing master drainage plan. If a project
lies within an area covered by an approved
master drainage plan, then the project
drainage review and engineering plans shall be
prepared in accordance with any special
requirements of the master' drainage plan.
3. Special Requirement #3. Conditions requiring
a master drainage plan. If a project:.
a) Is a master planned development as
described in an adopted comprehensive
plan or other ordinance; or
b) Is a subdivision that will eventually
have more than one hundred single - family
lots and encompass a contiguous drainage
sub -basin of more than two hundred (200)
acres; or
c) Is a commercial building permit or
planned unit development that will
eventually construct more than fifty (50)
acres of impervious surface; or
11 •
d) Will clear an area of more than five
hundred (500) acres;
then a master drainage plan shall be prepared
as specified in the Surface Water Design
Manual . _...and ...... submitted with the State
Environmental Policy Act (SEPA) checklist.
Approval of the master drainage plan is
required before permit approval.
4. Special Requirement #4. Adopted basin or
community plans. If a project lies within an
area included in an adopted basin or community
plan, then the project drainage review and
engineering plans shall prepared in
conformance with the special requirements of
the adopted basin or community plan.
5. Special Requirement #5. Special water quality
controls. If a project . will construct more
than one acre of impervious surface that will
be subject to vehicular use or storage of
chemicals and
a) Proposes to discharge runoff directly to
a regional' facility, receiving water
body, lake, wetland, or closed depression
to provide the runoff control consistent
with Core Requirement #3; or
b) The runoff from the project will
discharge into a Type 1 or 2 stream, or
Type 1 wetland within one more from the
project site;• then a wetpond meeting the
standards as specified in the Surface
Water Design Manual shall be employed to
treat a project's runoff prior to
discharge from the project site. A
wetvault or water quality swale may be
used when a wetpond is not feasible.
6. Special. Requirement #6. Coalescing plate
oil /water separators. If a project will
construct more than five acres of impervious
surface that will be subject to petroleum
storage or transfer, or high vehicular (more
than twenty -five hundred vehicle trips per
day) or heavy equipment use, storage or
maintenance, than a coalescing plate or
equivalent oil /water separator shall be
employed to treat a project's runoff prior to
treatment by a wetpond, wetvault, or water
12
quality swale, and /or discharge from the
project site.
7. Special Requirement #7. Closed depressions.
If a project will discharge to an existing
closed._.depression.either on or off the site
that has greater than five thousand (5,000)
square feet of surface area at potential
overflow, then the project's drainage review
and engineering plans must meet the
requirements for closed depressions as
specified in the Surface Water Design Manual;
8. Special Requirement #8. Use of lakes,
wetlands or closed depressions for runoff
control. If a project proposes to use a lake,
wetland, or closed depression for runoff
controls required by Core Requirement #3, then
the project must meet the requirements of
Chapter 21.54 King County Code (Sensitive
Areas) for such use, including special water
quality controls, and must observe the limits
of any increases to the floodplain as
specified in the Surface Water Design Manual;
9. Special Requirement #9. Delineation of one
hundred year floodplain. If a project
contains or abuts a stream, lake, wetland or
closed depression, then the one hundred year
floodplain boundaries and floodway, if
available, based on an approved floodplain
study as specified in the Surface Water Design
Manual shall be delineated on the site
improvement plans and profiles and on any
final plat maps prepared for the project;
10. Special Requirement #10. Flood protection for
Type 1 and 2 streams: If a project contains
or abuts a Type 1 or 2 stream (as defined in
the Surface Water Design Manual) that has an
existing flood protection facility or involves
construction of a new, or modification of
existing flood protection facility, then the
flood protection facility shall be analyzed
and /or designed as specified in the Surface
Water Design Manual and in the Federal
Emergency Management (FEMA) regulations (Title
44 CFR);
11. Special Requirement #11. Geotechnical
analysis and report. If a project includes
construction of a pond for drainage control or
13
an infiltration system (excluding a roof
downspout system) above a steep slope (as
defined in the Surface Water design Manual)
within two hundred (200) feet from the top of
the steep slope or on a slope with a gradient
steeper. __than .....fifteen percent (15 %) , or
construction of earth fill /bank armor for
flood protection facilities, then a
geotechnical analysis and report shall be
prepared and stamped by a geotechnical
professional civil engineer which shall
address, at a minimum, the analysis described
in the Surface Water Design Manual;
12. Special Requirement #12. Soil analysis and
report. If the soils underlying a project
have not been mapped, or if the existing soils
maps are in error or not of sufficient
resolution to allow the proper engineering
analysis for the proposed site to be
performed, then a soils analysis and report
shall be prepared and stamped by a
professional civil engineer with expertise in
soils to verify and /or map the underlying
soils by addressing at a minimum the analysis
described in the Surface Water Design Manual.
1.5 Critical Drainage Areas
Development in areas where the Public Works Director has
determined that the existing flooding, drainage, and /or
erosion conditions present an imminent likelihood of harm
to the welfare and safety of the surrounding community
shall meet special drainage requirements set by the
Public Works Director, until such time as the community
hazard is alleviated. Such conditions may include the
limitation of the volume of discharge from the subject
property to predevelopment levels, preservation of
wetlands or other natural drainage features, or other
controls necessary to protect against community hazard.
Where application of the provisions of this subsection
may be proposed for a variance, provided that the
resulting development shall be subject to all of the
remaining terms and conditions of this Ordinance.
1.6 Exemptions
A. All new development and redevelopment is subject to
the minimum requirements of this chapter, excepting
B, C and D below.
14
B. Development undertaken by the Washington State
Department of Transportation in state highway
rights -of -way which is regulated and meets the
requirements of Chapter 173 -270 WAC, the Puget
Sound Highway Runoff Program, is exempted from the
requirements ._of.. this _ chapter.
C. Commercial agriculture, .including only those
activities conducted on lands defined in RCW
84.34.020(2), and production of crops or livestock
for wholesale trade.
D. Forest practices regulated under Title 222
Washington Administrative Code, except for Class IV
general forest practices, as defined in WAC 222 -16-
050, that are conversions from timber land to other
uses.
1.7 Other Laws ,
A. State water pollution control Act (RCW 90.48.080)
will be adhered to in the administration of this
Ordinance.
B. Whenever conflicts exist between federal, state, or
local laws, ordinances or regulations, the more
restrictive provisions shall apply.
C. Neither this Ordinance nor any administrative
provisions made pursuant to it:
1. Exempts the Permittee from procuring other
required permits or complying with the
requirements and conditions or such a permit;
or,
2. Limits the right of any person to maintain, at
any time, any appropriate action, at law or in
equity, for relief or damages against the
permittee arising from the permitted activity.
Section 2 General Permit Provisions.
2.1 Permit Requirements
The following provisions shall apply to all storm
drainage activities permitted within the City of Tukwila,
unless specifically exempted by this Ordinance:
A. Permit Required - A Storm Drainage Permit is
required for all proposed storm drainage activities
in the City of Tukwila. Said permit shall not be
15
issued without first obtaining a Land - Altering
Permit as required by Ordinance No. 1591; provided
however, that any elements required for application
to obtain a Land - Altering Permit may also fulfill
the requirements for application to obtain a Storm
Drainage__Permit .. upon approval of the Public Works
Director.
B. Plan Required - All work shall be performed in
accordance with a sequence shown on an approved
Storm Drainage Plan.
C. Storm Water Control Measures - All storm drainage
activities shall include storm water control
measures designed to maintain post - development peak
discharge for the specified design storm event at a
level equal to or less than the pre - development
peak discharge for the same design storm event
through control of volume, timing, and rates of
flows unless direct discharge into the.
Green /Duwamish River can be achieved without
sacrificing downstream conveyance systems under
full build conditions for the Duwamish basin.
D. Storm Water Quality Control Measures - All storm
drainage activities shall include storm water
control measures designed to maintain or enhance
water quality to the standards in effect at the
time a Storm Drainage Permit is issued.
E. Additional Requirements for Sensitive Areas - In
addition to any requirements, standards, and
criteria contained in this Ordinance, all storm
drainage activities occurring in a Sensitive Area
or its Buffer must comply with the constraints and
conditions imposed by the Tukwila's Sensitive Areas
Ordinance as implemented by the City of Tukwila
Department of Community Development.
F. Clarification of Requirements - Within six (6)
months following the adoption of this Ordinance,
the Public Works Director may prepare a special
addendum to the King County Surface Water design
Manual to provide additional clarification and
outline special provisions which are specific to
the needs of the City of Tukwila.
2.2. Permit Authority
The Director of Public Works Department for the City of
Tukwila is the responsible Administrative Officer of this
Ordinance and his /her authority includes the
16
establishment of Regulations and Procedures to carry out
the intent of this Ordinance.
2.3 Application for Permit
The application_ .for_...a. _Storm .. Drainage Permit shall be
submitted on the standard Utility Permit Application Form
provided by the Public Works Department. The Application
may also include the following:
A. Vicinity Map.
B. Site Plan.
C. Storm drainage Plan.
D. Maintenance Schedules and Agreements.
E. Work Schedule and Construction Cost Estimates for
each element in the required plans.
F. Hydrological Engineering Report.
G. Water Quality Analysis.
H. Environmental Checklist.
I. Performance Bond or other Security.
J. Supplemental Requirements /Conditions by the Public
Works Director or the Department of Community
Development.
2.4 Description of Application Elements /Requirements
A. Vicinity Map - The vicinity map shall include the
following information:
1. Location of proposed storm drainage activities
in relation to the local drainage basins as
identified by the City of Tukwila
Comprehensive Storm drainage Plan on file in
the Department of Public Works.
2. Location of all water courses and other
natural surface water system elements
downstream from the proposed storm drainage
activities.
3. Identification of upstream and downstream
drainage areas, including watershed boundaries
and predominant intra -basin flow paths.
17
B. Site Plan - The following information shall be
included on the Site Plan for proposed storm
drainage activities:
1. Location and description of all watercourses,
. impoundments ,.., . wetlands,- . and other surface
water features on or adjacent to the site into
which surface water flows.
2. Topography of the site for existing and
proposed contours, in two -foot intervals.
3. Delineation of 100 year floodplain, if
applicable.
4. Delineation of slopes.
5. Proposed improvements including location and
description of all existing and proposed
buildings or other structures, impervious
surfaces, and storm drainage facilities, if
applicable.
6. Location and identification of all existing
and proposed easements for the storm water
management facilities and easements to provide
adequate access for inspection and maintenance
from a public right -of -way, depicted in
relation to existing right -of -way lines and
property lines.
7. Location and identification of all existing
and proposed utilities.
C. Storm Drainage Plan - The applicant is responsible
for submitting a Storm Drainage Plan which meets
the design requirements, including the requirements
of the current King County Surface Water Design
Manual, of this Ordinance. The applicant shall
specify on the drawings submitted with such Plan
that all clearing, grading, drainage, construction
and development shall be conducted in strict
accordance with the Plan. In addition, any or all
of the following information may be required for a
Storm Drainage Plan:
1. Structural details for and graphic
representation of all proposed drainage system
components and storm water management
facilities, including hydraulic calculations
for all system components and notes on
drawings specifying materials to be used.
18
2. Soils analysis, including test borings, which
are necessary for construction of small ponds
and /or infiltration facilities.
3. Construction specifications for all proposed
_. storm .. water... management.:. facilities.
4. Delineation and description of all interim
storm water management facilities, including
erosion control, to be employed during
construction of the permanent storm drainage
system together with a schedule for the
maintenance of such interim measures.
5. Integration, where applicable, of all storm
drainage facilities with the permanent erosion
control facilities required by the Land -
Altering Ordinance (No. 1591); provided that
such integration shall in no way compromise
the effectiveness of such facilities.
D. Maintenance Schedules and Agreements -
1. Minimum Standards
The following are minimum standards for the
maintenance of storm water facilities by
private property owners unless publicly owned.
a) Facilities shall be inspected annually
and cleared of debris, sediment and
vegetation when they affect the
functioning and /or design capacity of the
facility.
b) Grassy swales and other biofilters shall
be inspected monthly and mowed or
replanted as necessary. Clippings are to
be removed and properly disposed of.
c) Where lack of maintenance is causing or
contributing to a water quality problem,
immediate action shall be taken to
correct the problem. Within one month,
the Director shall revisit the facility
to assure that it is being maintained.
2. Prior to receiving a Storm Drainage Permit,
the applicant shall provide a monitoring and
maintenance schedule for all permanent storm
drainage facilities that is binding on all
19
subsequent owners of the land directly served
by such facilities.
3. The monitoring and maintenance schedules
required herein shall be developed for the
....life.af_each _ storm_drainage facility and shall
state the maintenance to be completed, the
time period for completion, and who shall
perform the maintenance. The schedule shall
also be printed on the Storm Drainage Plan.
4. The monitoring and maintenance schedule shall
provide for access to the storm drainage
facilities by the Public Works Department and
shall be formalized as an agreement between
the property owner and the City. Such
agreement shall be affixed to the titles of
affected properties and recorded with the King
County Auditor's Office.
5. The owner of the property on which.storm water
facilities are constructed pursuant to this
Ordinance shall be responsible for maintaining
such facilities. Failure to maintain such
facilities as prescribed in the approved
maintenance schedule may result in the work
being performed at the direction of the Public
Works Director and the costs of such actions
may be assessed as a lien against the property
on which such facilities are located. This
action shall be in addition to any other
enforcement provisions provided in this
Ordinance.
E. Work Schedule and Construction Cost Estimates (for
each element in the required plans) - When
required, the applicant shall submit for approval a
work schedule and construction cost estimates
containing the following:
1. The work schedule shall identify the proposed
date(s) when storm drainage facilities will be
constructed and when they will be completed.
A schedule of proposed date(s) for
construction and completion of any interim
storm drainage facilities shall also be
provided.
2. Construction cost estimates for any required
storm water facilities indicted on the Storm
Drainage Plan shall be provided in sufficient
detail to allow the Public Works Director to
20
determine the appropriate dollar amounts for
required securities and /or insurance.
F. Hydrological Engineering Report - A hydrological
engineering report, when required, shall contain
all __ _ calculations... _required... to determine the
suitability of the site for the proposed
development as well as the adequacy of all storm
water facilities to be constructed, to include:
1. Hydrology of the site including contributions
from upstream area as well as subsurface flow
patterns and volumes.
2. Hydraulic capacities and design dynamics for
all storm water facilities and maximum runoff
per design standards.
3. Capacities of the public systems downstream
from the proposed development following
construction.
4. Maximum water course velocities that can be
maintained without significant detriment to
the natural channels (e.g., scouring,
sedimentation, erosion, etc.).
5. The predicted path that storm water runoff
will take during storm events which exceed
system design capacities.
G. Water Quality Analysis - When required, the
applicant shall provide baseline data for storm and
surface water quality entering the site per the
parameters indicated in the storm water standards.
Such data shall be accompanied with conclusions
regarding the positive and negative effects of the
development on the water quality downstream from
the site as well as the predicted effects of on-
site water quality mitigation improvements, to
include biofiltration systems as required per King
County Surface water Design Manual. Documentation
and test data supporting all conclusions and
recommendations as well as notes delineating any
hazardous substance storage areas and proposed
plans to protect water courses from potential
adverse impacts associated with such storage shall
also be provided.
H. Environmental Checklist - A Storm Drainage Permit
will not be issued prior to environmental review
and sign off from the Department of Community
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Development which indicates that said review has
been conducted and that the proposed storm drainage
activities are in accordance with applicable City
Codes which are administered by the Department of
Community Development. When required, the
Department... of _.Community Development shall affix to
the environmental review documents any conditions
or mitigatory requirements which must be met if the
proposed storm drainage activities are to be
undertaken.
I. Performance Bond or Other Security - The Public
Works Director may require from the applicant a
surety, cash bond, irrevocable letter or credit, or
other means of security acceptable to the City,
prior to the issuance of a Storm Drainage Permit.
Such securities shall be administered in accordance
with Section 5.2. The amount of the security shall
not be less than the total estimated construction
cost of all interim and permanent storm water
control facilities and shall not be fully released
without final inspection and approval of completed
work by the City and the provision of "as- built"
plans.
J. Supplemental Requirements /Conditions - (By the
Public Works Director and /or the Department of
Community Development) -
1. General. The Public Works Director may
require supplemental studies, inspections ,
and /or testing by an approved testing agency
at any stage of the application or project.
In addition, he /she may require other
conditions deemed necessary to prevent the
storm drainage activities from being conducted
in a manner hazardous to life or property, or
in a manner likely to crete a nuisance. All
conditions must be identified on the Storm
Drainage Plan submitted for approval.
2. Insurance. If, in the opinion of the Public
Works Director, the nature of the work is such
that it may create a hazard to human life or
endanger adjoining property, property at a
higher elevation, property at a lower
elevation, any street improvements, or any
other public property, the Public Works
Director may require the applicant to file a
certificate of insurance. Certificates of
insurance shall be administered as prescribed
in Section 5.3; provided that the Public Works
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Director may require insurance in amounts
exceeding that specified in Section 5.3 in
order to provide adequate protection from
storm drainage activities possessing a higher
risk potential.
3. Special Conditions by the Department of
Community Development - In cases where the
proposed storm drainage activities may present
a threat to any water course or other
sensitive area or involve construction in the
protective buffer associated with such areas
as identified in the City of Tukwila Sensitive
Areas Ordinance, the City of Tukwila
Department of Community Development may
require additional conditions or mitigation
requirements deemed necessary to fulfill the
intent of the Sensitive Areas Ordinance. Such
additional measures shall be identified on the
Storm drainage Plan and approved by the
Department of Community Development prior to
issuance of Storm drainage Permit.
2.5 Issuance of Permits
A. Permits are not transferable without the approval
of the Public Works Director.
B. In issuing a Storm Drainage Permit, the Public
Works Director may waive the requirement for any or
all plans or specifications upon finding that the
information on the application is sufficient to
demonstrate that the proposed work will conform to
the requirements of this Ordinance, other laws and
ordinances, and the Comprehensive Storm Water
Management Plan; provided that a waiver of any
section of this Ordinance shall not be construed as
a waiver of any other requirements of this or
related regulations and the applicant shall remain
bound by all conditions of the application.
C. Permit Processing /Timing -
1. Within 40 days of receipt of an application
for a Storm Drainage Permit (including all
required accompanying information), the Public
Works Director shall review the application to
determine if the requirements of this
Ordinance are met. The Public Works Director
may request comments from other departments or
agencies.
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2. If the requirements of this Ordinance are met,
the Public Works Director shall approve the
Storm Drainage Plan, inform the applicant, and
issue a permit.
3 If _. _the .._requirements . are not met, the Public
Works Director shall inform the applicant in
writing and may either require additional
information, or disapprove the plan. Within
21 days of the receipt of any resubmittal, the
Public Works Director shall again determine if
the Plan meets the requirements of this
Ordinance and shall either approve or
disapprove said resubmittal.
4. If the Plan is disapproved, the Public Works
Director shall inform the applicant in writing
of the reasons for disapproval.
5. Upon review and approval of all required
plans, the Public Works Director shall approve
the application, in writing, and issue the
permit upon payment of any applicable fees and
the provision of any required financial
assurances and /or securities.
2.6 Amendment
Application for amendment to a permit shall be in written
and /or graphic form and may be made at any time through
the same process as the original application. Until such
time as an amendment is approved by the City, the storm
drainage activity shall not proceed except in accordance
with the Storm Drainage Permit as originally approved.
2.7 Permit Fee
A non - refundable permit fee will be collected at the time
the storm drainage plan or application for the waiver is
submitted. The permit fee will provide for the cost of:
plan review; administration and management of the
permitting process; inspections; and, variance and
appeals processing pursuant to this Ordinance. A permit
fee schedule shall be established by Resolution of City
Council based on the relative complexities of storm
drainage projects, and may be amended from time to time.
2.8 Permit Enforcement
If, through inspection or other means, it is determined
that a person engaged in a storm drainage activity has
failed to comply with approved Storm drainage Plans
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and /or other permit conditions, any or all enforcement
actions prescribed in this Ordinance may be initiated.
When permit violations are identified, a written notice
of violation shall be served upon that person by
registered or certified mail or other means. The notice
shall set .forth ... the_ .. measures necessary to achieve
compliance with the plan, specify the time period to
commence and complete corrections, and indicate the
consequences for failure to correct the violation.
A. Any Storm Drainage Permit issued by the City may be
suspended or revoked after written notice is given
to the permittee for any of the following reasons:
1. Any violation(s) of the conditions of the
Storm Drainage Permit.
2. Changes in site runoff characteristics upon
which a permit or waiver was granted.
3. Construction not in accordance with the
approved plans.
4. Non - compliance with correction notice(s) or
"stop work" order(s) issued for the
construction of temporary or permanent storm
water management facilities.
5. An immediate danger exists in a downstream
area or adjacent property as determined by the,
Public Works Director.
B. In addition to the action under subsection A, the
Public Works Director may post a site with a "stop
work" order directing that all storm drainage
activities cease immediately. The issuance of a
"stop work" order may include any "discretionary
conditions" or "standard requirements" which must
be fulfilled before work under the Storm Drainage
Permit may continue.
C. No work element on the approved inspection schedule
shall proceed until the City inspects and approves
the work previously completed and furnishes the
permittee with the results of such inspection.
2.9 Inspection Requirements During Construction
Regular inspections shall be made and logged at the
following intervals once storm drainage construction
activities have been initiated:
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A. Prior to clearing, filling, or grading;
B. After storm events involving at least .5 inches of
precipitation.
C. Following___.installation of ._.all temporary storm
drainage facilities;
D. Prior to and following installation of all
permanent storm water management facilities;
E. Prior to and following installation of water
quality control and flow attenuation devices;
F. During installation of all piping, catch basins,
inlet /outlet structures, concrete, and anti -seep
barriers /structures.
G. Following permanent revegetation of the site.
Section 3 System /Property Protection.
3.1 Determination of Risk /Hazard
If the Public Works Director determines that a
significant risk of accelerated erosion, off -site
sedimentation, decreased water quality, or other adverse
impacts exists due to permitted storm drainage activities
he /she may require a revised Storm Drainage Plan.
Pending the preparation of the revised plan, work shall
cease or may continue under conditions prescribed by the
Public Works Director.
3.2 Emergency Action
Whenever the Public Works Director determines that the
acts or intended acts represented in the Storm Drainage
Plan constitute a hazard to life and limb, or endanger
property, or adversely affect the safety, use or
stability-of a public way, drainage channel, or Sensitive
Area or Buffer, the Public Works Director may initiate
all required actions to prevent or stop any storm
drainage activity. The developer or person conducting or
intending to conduct such activity, upon notification by
the Public Works Director shall, within the period
specified therein, terminate such activities.
Section 4. General Administrative Provisions.
4.1 Liability
26
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 property owner.
4.2 Securities
For developments which may involve a risk of property
damages or possible hazards, the Public Works Director
may require the deposit of a financial security (bond,
note, letter of credit, etc.) with the City to mitigate
damages should they occur. The following provisions
shall apply in instances where such securities are
required:
A. Securities shall not exceed 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 storm
drainage activities which do not involve
expenditures at least equal to the cost of
remedying the possible adverse impacts of such
activities, the required security 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.
B. The amount of any security shall not serve as a
gauge or limit to the compensation collected from a
property owner as a result of damages associated
with any storm drainage activity.
C. Securities shall be retained until the completion
of any project involving storm drainage activity or
following a prescribed trial maintenance period.
D. Securities and /or financial assurances provided in
accordance with this Ordinance may be redeemed in
whole or in part by the City of Tukwila 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 assurances to fully comply, within the
time specified, with approved plans and /or any
corrective or enforcement actions mandated by
this Ordinance; or,
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2. Damages to public or property arising from the
activities for which the assurance or security
was required.
4.3 Insurance
If, in the opinion of the Public Works Director, the
risks to property or life and limb 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:
A. Bodily injury
occurrence.
B. Property damage
occurrence.
liability - $1 million per
liability - $1 million per
The Public Works Director may require higher policy
limits than stipulated above 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 any responsibility for damage to
persons or property otherwise imposed by law; damages in
an amount greater than the insured amount; nor, imposes
any liability upon the City for damages to persons or
property arising from activities permitted by the City or
otherwise undertaken by any person.
4.4 Variances
The City may grant a written variance from any
requirements of this Ordinance 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 intent of
this Ordinance. A written request stating the specific
variances sought and the reasons supporting the approval
of such variances shall be provided to the Public Works
Director. The Public Works Director shall then provide
a recommendation to the City Council and the Council
shall make the final determination. The City shall not
grant a variance unless and until sufficient reasons
justifying the variance are provided.
4.5 Permits
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The application for . and issuance of permits as prescribed
in this Ordinance shall constitute the administrative
mechanism for the enforcement of the provisions contained
herein. Such permits shall be non - transferable absent
approval of the Public Works Director and limited in
scope to the_specific activities for which they are
granted.
4.6 Penalties
The following penalties shall be applied in whole or in
part for the violation of permit conditions contained in
this Ordinance or the failure to obtain permits required
for activities regulated by this Ordinance. All remedies
shall be considered cumulative and in addition to any
other lawful action. Each day that a violation of this
Ordinance is committed or permitted to continue
constitutes a separate offense to which both the civil
and criminal penalties set forth . below shall apply.
A. Civil Penalties
1. The violation of or failure to comply with any
of any lawful order or requirement of the
permit made in accordance with the provisions
of this Ordinance is a civil violation. The
provisions of T.M.C. Chapter 8.22 shall be
used to enforce this chapter in addition to
any other procedures authorized by the T.M.C.
2. It shall not be a defense to the prosecution
for failure to obtain a permit required for
this Ordinance, that a contractor,
subcontractor, person with responsibility on
the site, or person authorizing or directing
the work, erroneously believed a permit had
been issued to the property owner or any other
person.
B. Criminal Penalties
Any person who knowingly or willfully violates any
provision of this Ordinance, or any rule or other
adopted or issued regulations pursuant to this
Ordinance, or who knowingly or willfully initiates
or continues any activity for which a permit is
required, except in accordance with the terms,
conditions, and provisions of an approved plan,
shall be guilty of a misdemeanor punishable by
imprisonment not to exceed 90 days or by a fine not
to exceed $5,000, or both, at the discretion of the
court.
29
4.7 Abatement
Any structures, work, facilities, excavations, fills or
other activities which are constructed, reconstructed,
operated, or performed in violation of this Ordinance or
.any_ lawful •orde ._or _requirement of the Public Works
Director pursuant to this Ordinance, shall be deemed to
be a public nuisance and may be abated in the manner
provided by T.M.C. Chapter 8.28.
4.8 Injunctive Relief
A. Whenever the governing body has reasonable cause to
believe that any-person is violating or threatening
to violate this Ordinance or any rule or other
provisions adopted or issued pursuant to this
Ordinance, it may either before or after the
institution of any other action or proceeding
authorized by this Ordinance, 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 this section shall not relieve any party to
such proceedings from any civil or criminal penalty
prescribed for violations of this Ordinance.
4.9 Appeals
A. Appeals to Director - Any person aggrieved by the
action of any Public Works Staff designated to
enforce or administer any provision of this
Ordinance may appeal such action to the Director of
the department of Public Works for the City of
Tukwila. Such appeals may be in person or in
writing and shall be made within fourteen (14) days
from the date that the action subject to appeal was
initiated. No appeals to City Council, as
described below, shall be heard without prior
determination on the subject of such appeal by the
Director of the Department of Public Works of the
City of Tukwila.
B. Appeals to Council - Any person aggrieved by the
action of the Director of Public Works, as a result
of the disapproval of a properly filed application
for a permit variance, a written notice of
violation, an alleged failure to properly enforce
the Ordinance in regard to a specific application,
or the denial of an appeal to the Director of
30
Public Works, may appeal that decision to the City
Council. That appeal shall be made in writing to
the City Clerk within ten (10) days of the Director
of Public Works' decision and shall state the
reasons for the appeal. The City Council shall
affirm, ....deny, _ _ or _ modify the_.._ decision of the
director of Public Works within ninety (90) days of
the filing of the appeal. Prior to making its
decision, the City Council may hold a public
hearing. Appeals of decisions made by the Building
Official in reference to the application of this
Ordinance shall be made in accordance with Section
204 of the U.B.C.
Section 5. Severability.
If any portion of this Ordinance as now or hereafter
amended, is application to any person or circumstances is
held invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole, or
any section, provision, or part thereof not adjudicated
to be invalid or unconstitutional and its application to
other persons or circumstances shall not be affected.
Section 6. Effective Date.
This Ordinance shall take effect five (5) days from the
date of publication of the attached summary which is
hereby approved.
stormwt3.ord
`31
PASSED BY THE COUNCIL OF THE CITY OF '1'UxWILA, WASHINGTON,
at a Regular Meeting thereof this day of
1994.
John W. Rants, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: