Chapter 15.100 STORM WATER MANAGEMENT

(1) The town of La Conner intends to comply with the requirements of RCW 90.70.070 in establishing and implementing a storm water management program consistent with the Puget Sound Water Quality Management Plan. Further, the town finds that the provisions of the 1992 Storm Water Management Manual for the Puget Sound Basin (The Technical Manual), and subsequent amendments thereto, would best serve as a guideline for implementing this code.

(2) The provisions of this code are intended to guide new development or redevelopment within the town of La Conner and establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within the town. It is the purpose of this code to:

(a) Minimize water quality degradation and sedimentation in the Swinomish Channel and other water bodies within the town of La Conner and surrounding areas.

(b) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices.

(d) Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrological conditions.

(e) Maintain and protect the town storm water management infrastructure.

(f) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety.

(g) Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural qualities of lands, wetlands and water bodies. [Ord. 671 § 5.6.A, 1995.]

15.100.020 Findings of fact.

The town of the La Conner hereby finds that:

(1) Storm water pollution is a problem associated with land use and development and the common occurrence of potential pollutants, including, but not limited to pesticides, fertilizers, petroleum products, and pet wastes.

(2) Land use and development is also known to increase runoff volume and peak flows. The resulting erosion, scouring, and deposition of sediment could affect the ecological balance of nearby water bodies.

(3) Storm water pollution can cause or contribute to loss of aquatic resources and restrictions on public use of the Swinomish Channel and sloughs adjacent to the town of La Conner.

(4) An expanding population and increased development of land can lead to:

(a) Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including insect and weed control compounds; and

(b) Drainage and storm and surface water runoff problems within the town of La Conner.

(5) Lack of a storm water management system could lead to water quality degradation, erosion, property damage; and possibly endanger the health and safety of the inhabitants of the town of La Conner.

(6) In the future such potential problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for storm water quality and quantity controls.

(7) Storm water quality and quantity controls can be achieved when land is developed or redeveloped by implementing and maintaining appropriate best management practices (BMPs).

(8) The adoption of this code will provide a means for implementation of the town’s storm water comprehensive plan. [Ord. 671 § 5.6.B, 1995.]

15.100.030 Need.

The town of La Conner finds that this code is necessary in order to:

(1) Minimize or eliminate water quality degradation.

(2) Prevent erosion and sedimentation in the Swinomish Channel.

(3) Avoid adverse impacts on the natural, aesthetic, and recreational resources of the Swinomish Channel.

(4) Ensure the safety of town of La Conner streets and rights-of-way.

(5) Decrease storm water-related damage to public and private property from existing and future runoff.

(6) Protect the health, safety and welfare of the town’s inhabitants. [Ord. 671 § 5.6.C, 1995.]

15.100.040 General provisions.

(1) Abrogation and Greater Restrictions. It is not intended that this code repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this code imposes greater restrictions, the provisions of this code shall prevail.

(2) Interpretation. The provisions of this code shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this code. [Ord. 671 § 5.6.D, 1995.]

15.100.050 Applicability.

(1) When any provision of any other ordinance of the town of La Conner conflicts with this code, that which provides more environmental protection shall apply unless specifically provided otherwise in this code.

(2) The town council is authorized to adopt written procedures for the purpose of carrying out the provisions of this code.

(3) Meeting the requirements of this code shall be a condition of the town of La Conner granting any approval or permission to conduct a regulated activity including, but not limited to, the following: building permit, commercial or residential; conditional use permit; fill, grading and clearing permit; master plan development; planned unit development; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; variance; zone reclassification; short plat, special use permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this code.

(4) A storm water control plan must be submitted and approved before any activity regulated by this code is conducted within the town of La Conner. [Ord. 671 § 5.6.E, 1995.]

15.100.060 Regulated activities and allowed activities.

Consistent with the minimum requirements contained in this code, the town of La Conner shall approve or disapprove the following activities:

(1) New Development.

(a) Land disturbing activities;

(b) Structural development, including construction, installation or expansion of a building or other structure;

(d) Short subdivisions;

(e) Multifamily and planned unit developments.

(2) Redevelopment. On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, land disturbing activity, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment. [Ord. 671 § 5.6.F, 1995.]

15.100.070 General requirements.

(1) Storm Water Management Manual Adopted. The latest edition, now or as hereafter amended, of the Washington State Department of Ecology’s Storm Water Management Manual for the Puget Sound Basin (The Technical Manual) is hereby adopted by reference and is hereinafter referred to as the manual.

(2) Storm Water Best Management Practices (BMPs). BMPs shall be used to control storm water quantity and quality. BMPs shall be used to comply with the standards in this code. BMPs are in the manual.

(3) Illicit Discharges. Illicit discharges to storm water drainage systems are prohibited. [Ord. 671 § 5.6.G, 1995.]

Article II. Small Parcel Minimum Requirements

15.100.080 Small parcel minimum requirements.

(1) The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, and to comply with small parcel requirements (3)(a) through (3)(e) of this section:

(a) Individual, detached, single-family residences and duplexes;

(b) Creation or addition of less than 5,000 square feet of impervious surface area;

(2) Compliance shall be demonstrated through the implementation of an approved small parcel erosion and sediment control plan.

(3) Small Parcel Requirements.

(a) Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.

(b) Stabilization of Exposed Soil Areas. All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to, sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained in accordance with an approved manual. From October 1st through April 30th, no soil shall remain exposed for more than two days unless other erosion sediment control BMPs are implemented. From May 1st though September 30th, no soils shall remain exposed for more than seven days unless other erosion sediment control BMPs are implemented.

(c) Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filter, dikes or mulching, or by a combination of these measures and other appropriate BMPs concurrent with start of construction and subject to approval by public works.

(d) Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function.

(e) Other BMPs. As required by the director of public works, other appropriate BMPs to mitigate the effects of increased runoff shall be applied. [Ord. 671 § 5.6.H.1, 1995.]

Article III. Large Development Minimum Requirements

15.100.090 New development.

(1) Multifamily development with more than two units.

(2) All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with the minimum requirements #1 through #10 found in LCMC 15.100.120 through 15.100.210.

(3) Compliance shall be demonstrated through the implementation of an approved storm water site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate.

(4) All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with the minimum requirements #2 through #10 found in LCMC 15.100.130 through 15.100.210 and the small parcel minimum requirements found in LCMC 15.100.080.

(5) Compliance shall be demonstrated through the implementation of an approved storm water site plan that includes a small parcel ESC plan and PSQC plan.

(6) This chapter does not apply to the construction of individual, detached, single-family residences and duplexes. These types of new development are included in the small parcel minimum requirements. [Ord. 671 § 5.6.H.2.a, 1995.]

15.100.100 Redevelopment.

(1) Where redevelopment of 5,000 square feet or more occurs new development minimum requirements #1 through #10 in LCMC 15.100.120 through 15.100.210 shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project.

(2) In addition to the above requirements, where one or more of the following conditions apply, a storm water management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project. [Ord. 671 § 5.6.H.2.b, 1995.]

15.100.110 Redevelopment conditions.

(1) Existing sites greater than one acre in size with 50 percent or more impervious surface.

(2) Sites that discharge to a receiving water that has a documented water quality problem. A documented water quality problem includes, but is not limited to, water bodies:

(a) Listed in reports required under section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses;

(b) Listed under section 304(I)(1)(B) of the Clean Water Act as not expected to meet water quality standards or water quality goals;

(c) Listed in Washington State’s Nonpoint Source Assessment required under section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution cannot reasonably be expected to attain or maintain water quality standards.

(3) Sites where the need for additional storm water control measures have been identified through Growth Management Act Planning. [Ord. 671 § 5.6.H.2.c, 1995.]

15.100.120 Minimum requirement #1 – Erosion and sediment control.

All new development and redevelopment that includes land disturbing activities of one acre or more shall comply with erosion and sediment control requirements (1) through (15), below. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of an approved large parcel erosion and sediment control plan.

All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in LCMC 15.100.080.

Compliance with the small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan.

The following erosion and sediment control requirements shall be met:

(1) Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1st to April 30th, no soils shall remain unstabilized for more than two days unless other erosion sediment control BMPs are implemented. From May 1st to September 30th, no soils shall remain unstabilized for more than seven days unless other erosion sediment control BMPs are implemented. Prior to leaving the site, storm water runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs.

(2) Delineate Clearing and Easement Limits. In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees and drainage courses.

(3) Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from sediment deposition.

(4) Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indication in erosion and sediment control requirement (1).

(5) Cut and Fill Slopes. Cut and fill slopes shall be designated and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement (1).

(6) Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of storm water runoff from the project site.

(7) Stabilization of Temporary Conveyance Channel and Outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

(8) Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that storm water runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

(9) Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria:

(a) Where feasible, no more than 500 feet of trench shall be opened at one time.

(b) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.

(10) Construction Access Routes. Whenever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.

(11) Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized.

(12) Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap or sediment pond except during emergency situations.

(13) Control of Pollutants other than Sediment on Construction Sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of storm water.

(14) Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be constructed in accordance with an approved manual.

(15) Financial Liability. Performance bonding, or other appropriate financial instruments, may be required for all projects to ensure compliance with the approved erosion and sediment control plan. [Ord. 671 § 5.6.H.2.d, 1995.]

15.100.130 Minimum requirement #2 – Preservation of natural drainage systems.

Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable. [Ord. 671 § 5.6.H.2.e, 1995.]

15.100.140 Minimum requirement #3 – Source control of pollution.

Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to an approved manual. [Ord. 671 § 5.6.H.2.f, 1995.]

15.100.150 Minimum requirement #4 – Runoff treatment BMPs.

(1) All projects shall provide treatment of storm water. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the 6-month, 24-hour return period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and ground water quality will not be impaired. Direct discharge of untreated storm water to ground water is prohibited. All treatment BMPs shall be selected, designed, and maintained according to an approved manual.

(2) Storm water treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the town of La Conner. [Ord. 671 § 5.6.H.2.g, 1995.]

15.100.160 Minimum requirement #5 – Streambank erosion control.

The requirement below applies only to situations where storm water runoff is discharged directly or indirectly to a stream or where proposed development or land disturbing activity generates more impervious areas than adopted land use ordinances intend, and must be met in addition to meeting the requirements in minimum requirement #4, runoff treatment BMPs:

(1) Storm water discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to 50 percent of the existing condition 2-year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 25-year, 24-hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, design, and maintained according to an approved manual.

(2) Storm water treatment BMPs shall not be built within a vegetated buffer, except for necessary conveyance as approved by the local government. [Ord. 671 § 5.6.H.2.h, 1995.]

15.100.170 Minimum requirement #6 – Wetlands.

The requirements below apply only to situations where storm water discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the requirements in minimum requirement #4, runoff treatment BMPs:

(1) Storm water discharges to wetlands must be controlled and treated to the extent necessary to meet the State Water Quality Standards, Chapter 173-201 WAC, or Ground Water Quality Standards, Chapter 173-200 WAC, as appropriate.

(2) Discharge to wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland. Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and natural water storage and infiltration opportunities outside the wetland shall be maximized.

(3) Storm water treatment BMPs shall not be built within a vegetated buffer, except for necessary conveyance systems as approved by the local government. [Ord. 671 § 5.6.H.2.i, 1995.]

15.100.180 Minimum requirement #7 – Water quality sensitive areas.

(1) Where the public works director determines that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality.

(2) Storm water treatment BMPs shall not be built within a local vegetated buffer, except for necessary conveyance systems as approved by the town. [Ord. 671 § 5.6.H.2.j, 1995.]

15.100.190 Minimum requirement #8 – Off-site analysis and mitigation.

An analysis of off-site water quality impacts resulting from a project shall be conducted for all development projects and any impacts shall be mitigated. The analysis shall be provided downstream from the project if subject to minimum requirement #5. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not limited to:

(1) Excessive sedimentation;

(2) Streambank erosion;

(3) Discharges to ground water contributing or recharge zones;

(4) Violations of water quality standards;

(5) Spills and discharges of priority pollutants. [Ord. 671 § 5.6.H.2.k, 1995.]

15.100.200 Minimum requirement #9 – Operation and maintenance.

An operation and maintenance schedule shall be provided for all proposed storm water facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. [Ord. 671 § 5.6.H.2.l, 1995.]

15.100.210 Minimum requirement #10 – Financial liability.

Performance bonding or other appropriate financial instruments may be required for all projects to ensure compliance with these standards. [Ord. 671 § 5.6.H.2.m, 1995.]

Article IV. Administration and Enforcement

15.100.220 Administration.

(1) Director. The public works director or designee shall administer this code 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 code.

(2) Review and Approval. Prior to approval of any regulated activity the director may recommend approval, conditional approval or denial of an application for any such activity based on the activity’s compliance with the provisions of this code.

(3) Inspection. All activities regulated by this code shall be inspected by the director. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of utilities, landscaping, retaining walls and completion of project. When required by the director, a special inspection and/or testing shall be performed at the applicant’s expense and to reasonable standards set by the director. [Ord. 671 § 5.6.I, 1995.]

15.100.230 Enforcement.

(1) Enforcement Authority. The director of public works, as the town council designee, in conjunction with the planning director, shall enforce this code.

(2) General. All violations of this code are determined to be detrimental to the public health, safety, and welfare and are hereby declared to be public nuisances. All conditions which are determined by the director or the town council to be in violation of this code shall be subject to the provisions of the town of La Conner uniform development code enforcement procedures, and any amendments thereto, or any other enforcement method authorized by law, and shall be corrected by any reasonable and lawful means as provided therein, except that:

(a) The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of documented bad faith of the person subject to the enforcement action.

(b) A civil penalty shall be imposed for violations of any of the requirements outlined in this code in the amount of $500.00 per day for each continuous violation to be directly assessed by the town council until such violation is corrected. Each and every such violation shall be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this chapter and subject to the penalty herein provided for. In addition, a civil penalty so imposed shall be separate and distinct from any civil penalty levied by the Washington State Department of Ecology for such violation.

(3) Penalties Due. Penalties imposed under this chapter shall become due and payable upon receipt unless an application for reconsideration is made or an appeal is filed. Whenever an application for reconsideration or appeal is made, penalties shall become due and payable 30 days after receipt of the decision regarding the reconsideration or appeal. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. The town may take actions necessary to recover such penalty under any provision of law. Any judicial award pursuant hereto shall include an award of the town’s reasonable attorney fees and costs.

(4) Penalty Recovered. Penalties recovered shall be credited to the drainage fund. [Ord. 671 § 5.6.J, 1995.]

15.100.240 Variance and appeals.

(1) The town council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination, except as to recommendations made pursuant to LCMC 15.100.220(2), Administration, made by the director in the enforcement or administration of this code.

(2) Exceptions to the requirements of this code may be granted after a public hearing by the hearing examiner, prior to permit approval and construction; provided, that a written finding of fact is prepared that addresses the following:

(a) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;

(b) That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

(c) That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of water of the state; and

(d) The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

(3) In granting a variance, the hearing examiner may prescribe conditions that are deemed necessary or desirable for the public interest.

(4) Any exception shall be approved prior to permit approval and construction.

(5) Duration of Variance. Upon granting of a variance, construction shall be complete within two years.

(6) Right of Appeal. Any judicial appeal thereof shall be commenced within 21 days of final action. [Ord. 898 § 4, 2003; Ord. 671 § 5.6.K, 1995.]