Chapter 15.21
STORMWATER FACILITIES MAINTENANCE PROGRAM
Sections:
15.21.040 General requirements.
15.21.080 Repealed.
15.21.010 Purpose.
The purpose of this chapter is to ensure maintenance of all stormwater facilities within the city and to set minimum standards for the inspection and maintenance of stormwater facilities. The provisions of this chapter are intended to:
A. Provide for inspection and maintenance of stormwater facilities in the city to provide for effective and functional stormwater drainage systems.
B. Authorize the city, through the public works department, to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter.
C. Establish the minimum level of compliance.
D. Guide and advise all who conduct inspection and maintenance of stormwater facilities. (Ord. 2016-28 § 8 (Exh. C), 2016: Ord. 98-42 § 1, 1999)
15.21.020 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Best management practice (BMP),” means physical, structural, and/or managerial practices that, when used singly or in combination, prevent and reduce the release of pollutants and other adverse impacts to waters of Washington State.
B. Repealed by Ord. 2003-22.
C. “Minimum requirement” means one of nine minimum requirements for stormwater management that are applicable to new development and redevelopment projects as defined in the stormwater manual adopted in BIMC 15.20.050.
D. “Property owner” means any person having title to and/or responsibility for a building or property, including an owner, a lessee, guardian, receiver or trustee, and the owner’s duly authorized agent.
E. “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.
F. “Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
G. “Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions, including but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement.
H. “Stormwater management manual (stormwater manual)” means the manual adopted in Chapter 15.20 BIMC.
I. “Waters of the state” includes those waters as defined as “waters of the United States” in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and “waters of the state” as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, groundwaters, salt waters and all other surface waters and water courses within the jurisdiction of the state of Washington. (Ord. 2016-28 § 8 (Exh. C), 2016: Ord. 2003-22 § 23, 2003; Ord. 98-42 § 1, 1999)
15.21.030 General provisions.
A. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
B. Interpretation. The provisions of this chapter shall be held as minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.
C. Applicability.
1. When any provision of the Bainbridge Island Municipal Code conflicts with this chapter, the provision which provides more environmental protection shall apply.
2. The department of public works/ engineering department is authorized to adopt written procedures for the purposes of carrying out the provisions of this chapter. (Ord. 98-42 § 1, 1999)
15.21.040 General requirements.
A. Maintenance Required. Maintain all stormwater facilities in accordance with this chapter and the stormwater manual. Systematic, routine preventive maintenance is preferred.
B. Minimum Standards. The following are the minimum standards for the inspection and maintenance of stormwater facilities:
1. Annual inspections of stormwater treatment and flow control facilities designed to meet Minimum Requirements No. 6 and/or 7 in the stormwater manual are required to be performed by a qualified third party contractor.
2. Property owners are responsible for clearing debris, sediment and vegetation from their stormwater facility when these affect the functioning and/or design capacity.
3. Property owners are responsible for inspecting biofiltration swales monthly and mowing or replanting as necessary. Clippings are to be removed and properly disposed of. Additional maintenance criteria are included in the stormwater manual.
4. Bioretention/rain garden routine maintenance includes, but is not limited to, weeding, removal of noxious weeds, clearing vegetation within one foot of inlets/outlets, replenishment of mulch, and irrigation during the summer months and as needed during prolonged dry periods. Additional maintenance criteria are included in the stormwater manual.
5. Permeable pavement routine maintenance includes, but is not limited to, cleaning surface debris at a minimum of once or twice per year. Additional maintenance criteria are included in the stormwater manual.
6. Where lack of maintenance is causing or contributing to a water quality problem, take immediate action to correct the problem. Within one month after initial recognition of problem, the city inspector or designee will conduct a follow-up inspection to ensure that the problem has been addressed.
C. Disposal of Waste from Maintenance Activities. Dispose of waste from maintenance activities in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.
D. Compliance. Property owners are responsible for the inspection, maintenance, operation and repair of stormwater drainage systems and BMPs located on their property. Property owners shall inspect, maintain, operate and repair these facilities in compliance with the requirements of this chapter and the stormwater manual. Property owners shall hire, at the owner’s expense, a qualified third party contractor to conduct inspections and submit annual inspection reports to the city for any stormwater facilities designed to meet Minimum Requirements No. 6 and/or 7. (Ord. 2016-28 § 8 (Exh. C), 2016: Ord. 98-42 § 1, 1999)
15.21.050 Administration.
A. Director. The public works director, and/or designee, shall administer this chapter and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.
B. Inspection Authority. The director is directed and authorized to develop an inspection program for stormwater facilities in the city.
C. Enforcement Authority. The director shall enforce this chapter. (Ord. 2016-28 § 8 (Exh. C), 2016: Ord. 98-42 § 1, 1999)
15.21.060 Inspection program.
A. Inspection. Whenever implementing the provisions of the inspection program, or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect all stormwater drainage systems within the city in accordance with Chapter 1.16 BIMC.
B. Procedures. The method of entry onto property to perform duties imposed by this chapter shall be in accordance with Chapter 1.16 BIMC.
C. Inspection Schedule. The director shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned or operated by the city. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule.
D. Inspection and Maintenance Records. As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:
1. As-built plans and locations;
2. Findings of fact from any exemption granted by the local government;
3. Operation and maintenance requirements and records of inspection maintenance actions and frequencies;
4. Declaration of covenant associated with maintenance and operation of storm drainage facilities. See “Exhibit A” following this chapter; and
5. Engineering reports, as appropriate.
E. Reporting Requirements. The inspector shall report annually to the director of public works about the status of the stormwater facilities inspections. The annual report may include, but not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. 2016-28 § 8 (Exh. C), 2016: Ord. 2003-28 § 3, 2003; Ord. 98-42 § 1, 1999)
15.21.070 Enforcement.
A. General. Enforcement action, as provided by Chapter 1.26 BIMC, shall be taken whenever a person has violated any provision of this chapter.
B. Orders. The director or designee shall have the authority to issue to an owner or person in control of a stormwater facility deemed to be in violation of this chapter, an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the stormwater manual and/or city regulations. The order shall include:
1. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;
2. A notice that the violation or potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken;
3. A reasonable time to comply, depending on the circumstances.
C. Civil Penalty. A person who fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued shall be subject to civil penalties as provided for in BIMC 1.26.090. (Ord. 2016-28 § 8 (Exh. C), 2016: Ord. 98-42 § 1, 1999)
15.21.080 Severability.
Repealed by Ord. 2003-24. (Ord. 98-42 § 1, 1999)
EXHIBIT A
DECLARATION OF COVENANT ASSOCIATED WITH MAINTENANCE
AND OPERATION OF STORM DRAINAGE FACILITIES
Grantor: _______________ Additional Grantor: ______________
Grantee: _______________ Additional Grantee: ______________
Legal Description __1/4 __1/4sec __T __R __W.M. Additional Legal: ________________
Assessor’s Tax Parcel #: _______________ Additional #: ___________________
Reference Auditor File #: _______________ Additional #: ___________________
Whereas the city of Bainbridge Island, a political subdivision of the State of Washington, has rights under city ordinances, codes, and Washington State statutes to regulate stormwater drainage, and The City of Bainbridge Island, Department of Public Works has issued a permit number ___________ for the development known as ____________________ which contains on-site stormwater facilities.
The Grantors, hereinafter known as the owner(s) of the real property situated in the City of Bainbridge Island, State of Washington, and legally described as follows:
The owner(s), their heirs, successors or assigns, hereby covenant and agree that:
1. The City of Bainbridge Island, or its designee, shall have the right to ingress and egress over the above described property for the purpose of inspecting, sampling and monitoring stormwater facility components and discharges.
2. If, at any time, the City of Bainbridge Island reasonably determines that maintenance or repair work is required to be done to the existing and accepted stormwater facilities installed on the property described above (which will mean repair or clean out existing facilities only to the same standards as originally installed and accepted), the COBI City Engineer or his/her designee shall give the Owner(s) seven (7) days’ notice that the City intends to perform such maintenance or repair work, or to have them performed by others. If the owner(s) have not completed or are not diligently pursuing the maintenance or repair work to the facilities and it becomes necessary for the City to perform the work, the Owner(s) will assume responsibility for the cost of such maintenance or repair work and will reimburse the City within thirty (30) working days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements.
3. If, at any time, the City reasonably determines that the existing and accepted stormwater facilities installed on the property described above poses a hazard to life and limb, or endangers property, or adversely affects the safety and operations of public way, due to failure, damage or non-maintenance, and that the situation is so adverse as to preclude written notice to the Owner(s), the City Engineer may take the measures necessary to eliminate the hazardous situation (which will mean repair or clean out of the existing facilities only to the same standards as originally installed and accepted), provided the Director, or his/her designee, has first made a reasonable effort to locate said Owner(s) before acting. The Owner(s) will assume responsibility for the cost of such maintenance or repair work and will reimburse the City within thirty (30) days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements.
4. The Owner(s) will keep the City informed at all times as to the name, address and telephone number of the contact person responsible for the performance of maintenance or repair work to the storm drainage facilities.
5. The Owner(s) agree to hold harmless and indemnify the City or its designee from any and all claims arising from any activity the City undertakes on the property described above if it becomes necessary for the City to conduct maintenance or repair work.
These covenants are intended to protect the value and desirability of the real property described above, and to benefit all the citizens of the City of Bainbridge Island. They shall run with the land and be binding on all parties having or acquiring from the Owner(s), their heirs, successors or assigns, any right, title or interest in the property or any part thereof. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all the citizens of the City of Bainbridge Island.
_____________________________
Owner Date
_____________________________
Owner Date