Chapter 16.24 DRAINAGE PLANS

A. The city council finds that this chapter is necessary to promote sound development policies and construction procedures which respect and preserve the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, and other water bodies; to protect the life, health, and property of the general public; to preserve and enhance the suitability of waters for contact recreation and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable groundwater quantities, locations, and flow patterns; to ensure the safety of city roads and rights-of-way; and to decrease drainage-related damages to public and private property.

B. Surface Water Design Manual Adopted. The King County Washington Surface Water Design Manual as defined in LFPMC 16.08.030 is hereby adopted by reference and is hereinafter referred to as the Design Manual. (Ord. 1241 § 4, 2022; Ord. 1149 § 2, 2016; Ord. 1012 § 1, 2010; Ord. 956 § 1, 2007; Ord. 730 § 1, 1997)

16.24.020 Definitions.

Words and phrases used in this chapter have the meaning set forth in this section:

1. “Area of special flood hazard” means the land in a floodplain of the city subject to a one percent or greater chance of flooding in any given year.

2. “Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year. This is commonly referred to as the “100-year flood.”

3. “Berm” means a narrow shelf, flat area or low embankment that breaks the continuity of a slope, often installed to divert and control runoff flowing down a slope.

4. “Best management practices (BMP)” refers to physical, structural, and/or managerial practices, that when used singly or in combination, prevent or reduce pollution of water and have been approved by the engineer. BMPs include, but are not limited to, infiltration, retention and/or detention, biofiltration facilities, open ditches with check dams, filter fabric strips, oil/water separators, wet ponds, constructed wetlands, erosion and sedimentation control, and other treatment/abatement facilities.

5. “Biofiltration facility” means the simultaneous processes of filtration, infiltration, absorption, and biological uptake of pollutants in stormwater that take place when runoff flows over and through vegetated treatment facilities.

6. “City” means the city of Lake Forest Park.

7. “City engineer” means the city of Lake Forest Park city engineer or his/her designate.

8. “City planner” means the city of Lake Forest Park city planner or his/her designate.

9. “Comprehensive drainage plan” means a detailed analysis for each drainage basin which characterizes existing and future drainage conditions and outlines runoff and management strategies including various combinations of development, land use, structural and nonstructural management techniques. The plan recommends the form, location and extent of quantity and quality control measures which optimally would meet the legal constraints, water quality standards and community standards or goals as defined by the environmental quality commission, as well as identifying the institutional and funding requirements for plan implementation.

10. “Computations” means calculations, including coefficients and other pertinent data, made to determine the drainage plan with rates of flow of water given in cubic feet per second (cfs) or cubic meters per second (cms).

11. “Critical or sensitive sites” means those sites identified as such on the city’s sensitive areas map adopted by the city or as further defined herein or in other Lake Forest Park Municipal Codes or administrative rules.

12. “Current conditions” means the state, status or conditions (land use, impervious surfaces, topography, soils, and surface water flows) present on the subject property at the time the analysis is conducted.

13. “Design storm” means that rainfall event which is selected by the city for purposes of design, specifying both the return period in years and the duration in hours, for example, a 100-year storm, 24-hour duration.

14. “Design storm frequency” means the probability of a design storm occurring expressed in terms of a statistically probable yearly interval of recurrence which shall be specified by the city. For example, a storm that has a probability of occurring once in every 10-year period is called a 10-year storm.

15. “Detention facilities” means facilities designed to hold runoff while gradually releasing it at a predetermined maximum rate.

16. “Developed conditions” means the state, status, or condition of the subject property at the time the proposed project has been completed, which may include existing buildings, impervious areas, and topography as is.

17. “Developer” means the individual(s) or corporation(s) applying for the permits or approvals described in LFPMC 16.24.040(A).

18. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, paved or unpaved roadways, berms, embankments, bridges, decks, rockeries, retaining walls, mining, dredging, filling, grading, paving, excavation or drilling operations, and any other landscaping activities that alter drainage patterns resulting in sediment, erosion and property damage.

19. “Developmental coverage” means all developed surface areas within the subject property, including, but not limited to, rooftops, driveways, carports, accessory buildings, parking areas, and any other impervious surfaces.

During construction “developmental coverage” includes the above in addition to the full extent of any alteration of previously occurring soils, slope or vegetation due to grading, temporary storage, access areas or any other short-term causes.

20. “Drainage area” means the watershed contributing water runoff to and including the subject property.

21. “Drainage facility” means the system of conveying and storing storm and surface water runoff as depicted in the drainage plan. Drainage facilities include but shall not be limited to all surface water conveyance facilities within the drainage area including streams, pipelines, channels, ditches, retention/detention facilities and other drainage structures and appurtenances, both natural and manmade.

22. “Drainage plan” means a plan for receiving, handling and transporting surface water within the subject property during construction and permanent installations following construction completion, including all computations required to determine the extent and nature of the proposed plan. The temporary erosion/sedimentation control plan and the permanent drainage facilities plan comprise the drainage plan for a subject property. Such plan shall be prepared by a licensed professional civil engineer.

23. “Drainage treatment/abatement facilities” means any facilities installed or constructed in conjunction with a drainage plan for the purpose of control, treatment or abatement of urban runoff, excluding retention or detention facilities.

24. “Engineer (city)” means city of Lake Forest Park engineer.

25. “Environmentally sensitive areas” means areas defined as such by the Lake Forest Park sensitive areas ordinance.

26. “Erosion hazard areas” means those areas of the city identified on the sensitive areas maps as having severe to very severe erosion hazard.

27. “Fish-bearing waters” means lakes, rivers and streams which are used in the life cycles of anadromous and nonanadromous fish, including salmon, steelhead, trout and Dolly Varden, based on data compiled by the Washington State Department of Fisheries and other agencies with appropriate expertise.

28. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal water; and/or

b. The unusual and rapid accumulation of runoff of surface waters from any source.

29. “Flood free area” means that portion of the flood hazard area which is not floodplain.

30. “Flood hazard area” means the area within the floodplain and any adjacent land which has been identified on the sensitive areas map. Copies of the map shall be maintained for inspection by the public in the City Hall. The use of the flood hazard area recognizes that a floodplain boundary cannot, in all cases, be precisely or permanently defined. A “flood hazard area” consists of a floodplain, floodway, floodway fringe and flood free area.

31. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones.

32. “Floodplain” means the low-lying lands adjacent to watercourses onto which excessive water flows during periods of prolonged and intense precipitation. The floodplain for a particular watercourse is a geographic area flooded by a storm of specific intensity. The floodplain usually includes all adjacent wetlands and may include other lands not normally classified as wetlands.

33. “Floodway” means the regular channel plus that portion of the floodplain which has been defined as floodway and delineated on maps developed as part of the Lyon Creek and McAleer Creek Drainage Basin Studies. In absence of such maps, floodway means the regular channel plus that portion of the floodplain which would contain deep or fast-flowing water during an intermediate regional flood, and is required to carry and discharge the floodwaters.

34. “Floodway fringe” means that portion of a floodplain which is not a floodway.

35. “Illicit discharge” means all non-stormwater 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.

36. “Impervious” means a soil, surface or material that does not allow the infiltration or intrusion of water.

37. “Land-disturbing activities” means any activity that disturbs or alters land surface including clearing and grading.

38. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

39. “Manufactured home” is a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. “Manufactured home” does not include park trailers, travel trailers and other similar vehicles.

40. “Natural location” of drainage systems refers to the location of those channels, swales and other non-manmade 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.

41. “New development” means the following activities: land-disturbing activities; structural development, including construction, installation, or expansion of building or other structures; installation of impervious surfaces, and subdivisions or short plats.

42. “Ordinary high water mark” means the mark that will be found by examining the bed and banks of a stream and determining where the presence and action of waters are so common and usual, and so long maintained in all ordinary years, so as to mark upon the soil a vegetative character distinct from that of the abutting upland. In an area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall substitute.

43. “Peak discharge” means the maximum surface water runoff rate, defined in cubic feet per second (cfs), determined for the design storm.

44. “Permanent stormwater quality control plan (PSQCP)” means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land-disturbing activity has been completed.

45. “Planned unit development” means residential developments which are planned and/or developed in several stages but submitted together for approvals, and typically consist of high density clusters of multi-unit structures interspersed with areas of common open space.

46. “Private drainage system” means 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.

47. “Pollutant” shall mean 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 use, or to livestock, wild animals, birds, fish, or other aquatic life.

48. “Public drainage system” means that portion of the drainage system of the city located on public right-of-way, easements, or other property owned by the city, and those portions of private drainage systems assumed by the city.

49. “Receiving bodies of water” means creeks, streams, lakes, and other bodies of water into which waters are directed, either naturally, in manmade ditches, or in closed conduit systems.

50. “Redevelopment” means on an already developed site, the creation and/or addition of impervious surfaces, structural development including construction, installation, or expansion of a building or other structure, 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.

51. “Responsible official” means the city engineer or his designate.

52. “Retention facilities” means facilities designed to hold water for a considerable length of time, adequate to assure that discharge from the subject property does not exceed its original condition, and then consume it by evaporation, plant transpiration, or infiltration into the soil.

53. “Sensitive areas” means those areas which are subject to natural hazards or those lands which support unique, fragile or valuable natural features as identified on the city’s sensitive areas maps or as otherwise identified by the city engineer. Sensitive areas include erosion hazard areas, landslide hazard areas, seismic hazard areas, steep slope hazard areas, streams, wetlands, fish-bearing waters, areas with a critical recharging effect on aquifers used for potable water, flood hazard areas and the adjoining protective buffers necessary to protect the public health, safety and welfare.

a. Erosion hazard areas are those areas that may experience severe to very severe erosion hazard;

b. Landslide areas are a combination of Class I, Class II or Class III landslide hazard areas as defined herein:

i. Class I are areas with a slope of less than 15 percent and considered relatively stable;

ii. Class II are areas where slopes are greater than 15 percent and underlain by permeable soils. These areas are relatively stable in their natural state but may become unstable if slope configurations or draining conditions are modified;

iii. Class III landslide areas are those areas with slopes greater than 15 percent between the top and base (foot) elevations and which are underlain by impermeable soils, and may be characterized by springs or seeping groundwater during the wet season (November to February). These areas include both active and currently inactive slides. Landslide hazard areas include those lands that are Class II, Class III and their protective buffers;

c. Seismic hazard areas are those areas subject to severe risk of earthquake damage due to soils of low density, due to poorly drained or impervious alluvium, due to highly saturated organic material, or due to slopes greater than 15 percent that also qualify as Class III landslide areas.

54. “Start of construction” means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

55. “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

56. “Subject property” means the tract of land which is the subject of the permit and/or approval action, as defined by the full legal description of all parcels involved in the proposed development.

57. “Swale” means an elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated and is normally without flowing water except during and immediately after storms.

58. “Temporary erosion/sedimentation control” means the implementation of any measures during site development which reduce erosion, control siltation and sedimentation and ensure that sediment laden water does not cause a violation of applicable water standards.

59. “Uncontaminated” means water that has not come into contact with illicit discharges.

60. “Undeveloped conditions” means the state, status, or condition of the subject property prior to any development of the property that has occurred which may include trees, pastures, meadows, or native features.

61. “Wetlands” means those areas either naturally occurring or manmade which may normally or periodically be inundated or saturated by the waters from the watercourse or the drainage waters from the drainage basin in which it is located, or which may support a prevalence of vegetation typically adapted for life in saturated soil conditions. These include swamps, bogs, sinks, marshes and lakes, and all of which are considered to be part of the watercourse and drainage system of the city and shall include the headwater areas where the watercourse first surfaces. The definition of wetlands in LFPMC 16.16.040(AA) is adopted for the purposes of this chapter. (Ord. 956 § 2, 2007; Ord. 730 § 2, 1997; Ord. 499 § 2, 1992; Ord. 427 § 1.2, 1989)

16.24.030 Interpretation of provisions.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 427 § 5, 1989)

16.24.040 Applicability – Generally.

Compliance with the terms of this chapter shall be a requirement for the issuance of any form of development permit or building permit affected thereby including land clearing and grading permit. In addition to other requirements for compliance with this drainage ordinance, the following conditions shall also apply:

A. Area of Applicability.

1. These rules and regulations shall apply to all property within the city, and may also apply to the full extent provided by law to those lands which are outside the city limits which discharge storm and surface waters into, from and through the Lyon and McAleer Creek Basins. Jurisdiction in those area not within the city limits shall be subject to the provisions of intergovernmental agreements as they now exist or shall be later entered into or modified between the city and other affected neighboring jurisdictions.

2. All persons applying for any of the permits and/or approvals herein listed shall provide a temporary erosion/sedimentation control plan and a permanent drainage plan for surface and pertinent subsurface water flows entering, flowing within, and leaving the site. Construction work shall not begin until final approval (by signature) of the drainage plan is obtained from the city engineer, including plans for construction of drainage and erosion control.

3. Permits under this jurisdiction include:

a. Land clearing and grading permit;

b. Substantial development permit required under Chapter 90.58 RCW (Shoreline Management Act);

c. Special development plan approval;

d. Conditional use permits effecting a drainage change;

e. Building permits;

f. Commercial, neighborhood business, or multifamily site plan approval;

g. Subdivision approval;

h. Short subdevelopment approval;

i. Any alterations that affect a subject property’s runoff or soil percolation rates, whether or not such property is within a sensitive area;

j. All projects in areas identified as hazardous and subject to flooding or erosion by the sensitive areas maps, the comprehensive drainage management plan, the Federal Flood Insurance Maps, or areas of special significance to the proper functioning of the drainage system;

k. Any permits established subsequent to adoption of the drainage ordinance relating to clearing, grading, development or other factors relevant to drainage as determined by the city engineer.

Commencement of construction work under any of the above permits or applications shall not begin until final approval of the drainage plan is obtained in writing from the city engineer. Failure to comply with this provision shall result in revocation of all permits for the proposed development, and the city may proceed as authorized under Article X of this chapter.

B. Alteration of the Existing Drainage System. A considerable portion of the drainage system of the city presently exists as natural watercourses and wetlands. No person shall undertake a project which would encroach upon, modify, realign, or change in any manner any of the existing drainage system, except for normal maintenance to keep property accessible (including, but not limited to, trimming of brush, shrubs, or trees, and removal of same) without prior approval of the city engineer as established by other ordinances.

C. Degradation of Water Quality. No person, or property owner, within or without the city shall cause or permit the discharge of storm or surface water runoff from property under their control into the city drainage system, which results in violation of Washington State Water Quality Standards for receiving water. This violation shall be determined by comparison of monitored water quality of runoff or discharges from the subject property with relevant Washington water quality standards.

D. Exceptions.

1. The plan requirement established in this section will apply except when the developer demonstrates to the satisfaction of the city engineer that the proposed permit or activity meets all of the following criteria:

a. Will neither seriously nor adversely impact the water quality conditions or fish habitat of any affected receiving bodies of water;

b. Will not alter the drainage patterns, increase the runoff volume or peak discharge, or cause any other adverse effects in the drainage area;

c. Will not cause runoff exceeding the available capacity of the existing drainage system where such system was designed to serve the proposed development area;

d. Will not reduce the flood-carrying capacity of any watercourse;

e. Will not construct new or add to an existing impervious surface where the combined total impervious area exceeds 5,000 square feet per development site within the drainage area;

f. Stormwater facilities owned and maintained by the Washington State Department of Transportation in state highway rights-of-way which are regulated by and meet the requirements of Chapter 173-270 WAC, the Puget Sound Highway Runoff Program, are exempted from the requirements of this chapter;

g. Which does not adversely affect an environmentally sensitive area.

2. If the developer requests an exception he shall submit to the city a written application for exception specifically stating how the proposed development meets all of the above criteria.

3. All exceptions shall be approved in writing by the city engineer prior to any work taking place on the applicant’s property. (Ord. 730 § 3, 1997; Ord. 427 § 6, 1989)

16.24.050 Applicability – Government entities.

A. To the extent not prohibited, or as permitted or provided by law, all municipal corporations and governmental entities shall be required to submit a drainage plan and comply with the terms of this chapter when undertaking such projects or applying for such permits as stated in LFPMC 16.24.040(A). This shall include road building, widening and improvement within the areas of the Lyon and McAleer Drainage Basins.

B. It is recognized that many other city, county, state, and federal permit conditions may be applied to the proposed action and that compliance with the provisions of this chapter does not constitute compliance with other such requirements. (Ord. 427 § 7, 1989)

16.24.060 Administration.

A. The city engineer is to administer and determine compliance with this chapter, as established by the city. The city engineer is empowered to establish such administrative and physical procedures and guidelines as are required in the execution of his authority under this chapter.

B. The administrator of the provisions of this chapter shall:

1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;

2. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;

3. Obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer LFPMC 16.24.410 through 16.24.430. (Ord. 427 § 3, 1989)

16.24.070 Trunk drainage system – Designated.

The city has a drainage system consisting of storm and surface water drainage, which includes watercourses, streams, ponds, lakes, wetlands, streets, ditches, pipes, culverts and catch basins. The city controls this system either through fee ownership, formal easements, or by its prescriptive rights to pass storm and surface water over private and public lands. (Ord. 427 § 2, 1989)

16.24.080 Map adoption.

Areas of special flood hazard are identified in the sensitive area study for the city with sensitive area maps, FEMA (Federal Emergency Management Area) flood insurance map, and FEMA flood mapping in both the Lyon and McAleer basin studies. The areas of steep slopes, wetlands and erosion hazard areas are identified on the sensitive area maps for the city. These maps are adopted by reference and declared to be part of this chapter. These maps are on file at the Lake Forest Park City Hall. (Ord. 427 § 4, 1989)

Article II. Drainage Plans

16.24.090 Contents generally.

A. All applicants for any of the permits, approvals or undertaking items contained in LFPMC 16.24.040 shall provide a temporary erosion/sedimentation control plan and a drainage plan for surface water flows entering, flowing within and leaving the subject property. Three reproducible copies of plans, drawn to scale, must be provided to the city engineer for review. Upon approval, these three copies must be signed by the city engineer and submitted to the city.

B. The information in this article must be submitted to the city engineer for review. (Ord. 427 § 8, 1989)

16.24.100 Soil and erosion control.

The purpose of erosion and sediment control is to prevent the transport of sediment to streams, wetlands, lakes, drainage systems, and adjacent properties. An erosion and sediment control plan will be required unless waived in writing by the city engineer. The erosion and sediment control plan shall comply with requirements set forth in the Design Manual and shall emphasize erosion control rather than sediment control. (Ord. 956 § 3, 2007; Ord. 730 § 4, 1997; Ord. 427 §§ 8.1 – 8.1.2, 1989)

16.24.110 Plan requirements.

Detailed drainage design plans are required for drainage review. Submittal of preliminary plans, engineering plans, targeted engineering plans, and small site drainage plans shall comply with requirements set forth in the Design Manual. The drainage plan submittal section is supplemented by revising all references to “King County” or “DDES” to read “City of Lake Forest Park.” (Ord. 956 § 4, 2007; Ord. 730 § 5, 1997; Ord. 427 § 8.2, 1989)

16.24.120 Ownership agreements.

Indication of developer’s intent to retain ownership, operation and maintenance of required facilities or transfer same to the city or other entity designated by the city through an interlocal agreements must be submitted to the city engineer. (Ord. 427 § 8.3, 1989)

16.24.130 Information in special cases.

The requirements of this article may be modified at the discretion of the city engineer in special cases requiring more information, such a soils logs, and infiltration data sufficient to adequately represent the area. (Ord. 427 § 8.4, 1989)

16.24.140 Overflow conditions.

A statement as to the conditions that will occur when stormwater detention/retention facility overflows must be submitted to the city engineer. (Ord. 427 § 8.5, 1989)

16.24.150 Failure to submit required materials.

Failure to submit the materials required by this chapter shall be cause for the city to refuse to process the drainage plan. (Ord. 427 § 8.6, 1989)

16.24.160 Special flood hazard areas.

For any project located in a special flood hazard area, as identified on the sensitive areas map, the following specific information is required:

A. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

B. Elevation in relation to mean sea level to which any structure has been floodproofed;

C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria;

D. Description to the extent to which a watercourse will be altered or relocated as a result of the proposed development;

E. Certification by a registered professional engineer that any alteration of a stream will not alter the flood-carrying capacity. (Ord. 427 § 9, 1989)

Article III. Standards

16.24.170 Standards generally.

The standards in this article shall apply to all projects subject to the rules and regulations described herein. Additionally, the water quality standards and sedimentation control standards should apply to all properties discharging storm and surface water runoff into the drainage facility. All standards including but not limited to conveyance, retention, stormwater quality, flow control and maintenance contained in the Design Manual are hereby adopted by reference and amended as follows:

A. Drainage review threshold for all projects shall be reduced from 2,000 square feet to 1,000 square feet;

B. The entire corporate limits of the city of Lake Forest Park are within the conservation flow control area;

C. The city of Lake Forest Park is within the basic water quality area with enhanced treatment required for multifamily and commercial as identified in the Design Manual;

D. The sensitive area mapping shall be the mapping referenced in LFPMC 16.16.050; and

E. The impervious surface area percentage exemption in Section 1.2.3 is not applicable within the city of Lake Forest Park. (Ord. 1012 § 2, 2010; Ord. 956 § 5, 2007; Ord. 730 § 6, 1997; Ord. 481 § 1, 1991; Ord. 427 § 10, 1989)

16.24.180 Design generally.

The design requirements in LFPMC 16.24.200 through 16.24.260 shall apply to all projects and are intended to be consistent with the comprehensive drainage management plan. (Ord. 427 § 10.1, 1989)

16.24.190 Mandatory requirements.

Repealed by Ord. 730. (Ord. 427 § 10.1.1, 1989)

16.24.200 Recharge of stormwater.

A. Recharge of stormwater into the ground is encouraged in areas with appropriate soils; however, recharge potential shall be reviewed and certified by the city engineer prior to any attempt to recharge to the ground. Approved recharge projects shall have an inflow capacity sufficient to handle the design storm. An overflow system which meets the water quality and quantity release standards shall be available for backup.

B. The approval of any recharge project shall not constitute approval of any means by which unstable subsurface conditions may occur; such conditions resulting from recharge projects not constructed by the city shall remain the responsibility of the developer. (Ord. 427 § 10.1.2, 1989)

16.24.210 Construction.

Construction materials and methods shall be in accordance with “Standards and Specifications for Municipal Public Works Construction” prepared by the American Public Works Association, latest edition, unless otherwise approved by the city engineer. Copies of this publication are available for public inspection at the office of the city. (Ord. 427 § 10.1.3, 1989)

16.24.220 Erosion control.

Where drainage facilities discharge to natural drainage ways or watercourses, energy dissipation facilities shall be provided to prevent erosion and deterioration of the streambed or banks. Energy dissipation facilities shall be constructed of approved materials. Material such as broken concrete slabs, pipe, tires, scrap metal or debris are prohibited. No person shall discharge drainage waters from their project to any point or in any matter not approved by the city. Prior to occupancy of the site or any related structure, permanent erosion control must be established and operating at designed efficiency as approved by the city engineer. (Ord. 427 § 10.1.4, 1989)

16.24.230 Storage.

The owner shall be responsible for maintaining all storage basins, and for providing for the safety of the public as related to the storage basins. The city reserves the right to inspect such facilities at any time and upon written notice by the city to the owner that the basin has been filled in to the point where the design capacity is no longer available, or the outlet structure is clogged or blocked, or in some other manner is not functioning as designed and approved, the owner shall correct the problem. If the owner fails to respond to the written notice within fifteen days, the city may undertake the work and bill all time and material to the owner. (Ord. 730 § 8, 1997; Ord. 427 § 10.1.5, 1989)

16.24.240 Wetlands.

A. Where existing wetlands function as a control feature in the natural drainage system, no project will be permitted which reduces that control feature. Projects proposed in a wetland area shall be accompanied by an engineering report prepared by a registered civil engineer qualified to practice in the state of Washington, describing existing conditions and how those conditions will be maintained during and after project completion. Projects that meet the threshold requirements in core requirement No. 3, flow control, and core requirement No. 8, water quality, that discharge stormwater to a wetland either directly or indirectly through a conveyance system shall also meet the following requirements:

1. Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses. The hydrologic analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless directed otherwise by the director. A wetland can be considered for hydrologic modification and/or stormwater treatment in accordance with Guide Sheet 1B in Appendix I-D of the Department of Ecology Stormwater Management Manual for Western Washington (2005). Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer, except for:

a. Necessary conveyance systems as approved by the director; or

b. As allowed in wetland approved for hydrologic modification and/or treatment in accordance with Guide Sheet 1B in Appendix I-D of the Department of Ecology Stormwater Management Manual for Western Washington (2005).

B. No construction shall be permitted within 50 feet of the average annual high water line of a wetland unless permitted under LFPMC 16.16.330. (Ord. 1012 § 3, 2010; Ord. 730 § 9, 1997; Ord. 427 § 10.1.6, 1989)

16.24.250 Development in floodplains.

A. Development in areas where the 100-year floodplain has been established by a comprehensive drainage plan (Lyon and McAleer basins studies or the sensitive areas ordinance/maps or as may be further defined by any future comprehensive drainage plan adopted by the city), or where the city engineer has determined that drainage or erosion conditions present an imminent potential of harm to the welfare and safety of the surrounding community, shall meet special drainage conditions set by the city. Conditions may include the limitation of the volume of discharge from the developed property to the predevelopment levels, preservation of wetlands or other natural drainage features, or other controls necessary to protect against a community hazard.

B. Due to the detrimental effect on upstream and downstream properties, no filling, grading or construction shall take place within the established floodplains where an equal amount of displaced floodwater storage has not been provided elsewhere. The developer must provide information, plans and calculations to satisfy the city engineer, that development within the floodplains is not detrimental by increasing the flooding occurring upstream or downstream from the site. (Ord. 427 § 10.1.7, 1989)

16.24.260 Performance standards.

The performance standards are set as the minimum level of compliance. (Ord. 427 § 10.2, 1989)

16.24.270 Water quality.

A. The storm and surface waters discharging from an individual property or project shall be of such quality as meet Class A water quality standards of the state of Washington (Chapter 173-201 WAC) herein adopted as part of this chapter by reference or the quality of the receiving water, whichever is higher. No activity shall introduce into the drainage waters any liquid or solid foreign substances of biodegradable or other nature which shall cause the water quality in the receiving water to violate applicable state standards. Products of erosion shall be prevented from entering the natural drainage system at all times, during both the construction on the property and the subsequent operation of the facilities provided. All trash and debris shall be prohibited from entering the drainage system at any point within the property.

B. It shall be prohibited and in violation of this chapter for any person to:

1. Cause or permit litter, trash, rubbish or debris to enter the drainage system of the city;

2. Cause or permit liquid or water-carried pollutants to enter the drainage system of the city including but not limited to oils and petroleum products, paints and paint thinners, pesticides, fertilizers, soaps, detergents and washing wastes;

3. Cause or permit horses, cattle or other domestic livestock to enter any watercourses or wetlands that are part of the drainage system of the city. Stables, pastures and other animal enclosures shall be drained so as to prevent polluted drainage waters from entering the drainage system of the city;

4. Cause or permit grading, clearing, filling or other land surface changes to take place in such a way as to allow drainage from the property to carry any suspended or dissolved matter into the drainage system of the city;

5. Cause or permit to take place in the streams, watercourses or wetlands that are part of the drainage system any work that would result in the transmission of silt, pollutants, or other, foreign substances from one part of the system to another;

6. Discharge any waters that would, in any way, alter the temperature of the nearest receiving waters. (Ord. 427 § 10.2.1, 1989)

16.24.280 Storm and surface water runoff – Storage.

Repealed by Ord. 730. (Ord. 427 § 10.2.2, 1989)

16.24.290 Storm and surface water runoff – Use.

A. Drawdown. Storm and surface water runoff may be drawn in any quantity from manmade storage devices on private property which release directly into the drainage system or which are completely enclosed. No water may be drawn from the watercourses, streams, ponds, lake or swamps that make up the public drainage system except under the provisions of approved state water rights permits.

B. Permitted Uses. Storm and surface water runoff that can legally be drawn off from the project area may be used for any nonpotable purposes. The distribution system employed shall be separate from the city water system. (Ord. 427 § 10.2.3, 1989)

16.24.300 Fish passage.

All projects involving perennial streams shall make adequate accommodation for fish passage, as approved by Washington State Department of Fisheries and Game. No obstructions of any kind shall be placed within the stream which would prohibit the free passage of fish under all flow conditions. (Ord. 427 § 10.2.4, 1989)

16.24.310 Vegetation removal.

A. When a project involves clearing of land, operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time during construction. Erosion control measures shall be undertaken prior to the time of beginning of clearing. The city may prohibit all clearing and grading during the wet season from October to May or at any other time at the discretion of the city engineer.

B. Vegetation shall be restored or control measures instituted at the earliest possible date, with bare soil exposure limited to no more than 30 days on slopes with sufficient grade to allow scouring of silt-size particles. At that time, erosion control measures are to be fully implemented and effective.

C. Where the city engineer determines that the hazard is minimal or the control program is highly reliable, the time of exposure may be extended in writing from 30 to no more than 120 days. (Ord. 427 § 10.2.5, 1989)

16.24.320 Sedimentation control.

In the event that the property owner shall violate any of the provisions of Appendix D of the Design Manual, the city may take immediate action to correct the problem and prevent erosion. Notice shall be in writing by mail, messenger and/or by posting on the property with the development permit. All costs associated with this corrective action shall be borne by the property owner together with any penalties adjudged under Article X of this chapter. (Ord. 956 § 6, 2007; Ord. 730 § 11, 1997; Ord. 427 § 10.2.6, 1989)

16.24.330 Biofiltration – Energy dissipation.

Repealed by Ord. 730. (Ord. 427 § 10.2.7, 1989)

16.24.340 Grass-lined swales.

Repealed by Ord. 730. (Ord. 427 § 10.2.8, 1989)

Article IV. Development in Special Flood Hazard Areas

16.24.350 Requirements generally.

In accordance with the National Flood Insurance Management Program, this article specifies criteria for development within areas identified as special flood hazard areas as mandated by Section 60.3 of the Federal Regulations (CFR Title 44). (Ord. 427 § 11, 1989)

16.24.360 Anchoring.

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).

C. All mobile homes shall be anchored in accordance with the criteria of Section 60.3 of the Federal Flood Insurance Program.

D. An alternative method of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the responsible official or his designate that this standard has been met. (Ord. 427 § 11.1.1, 1989)

16.24.370 Construction material and methods.

A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located as so to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 427 § 11.1.2, 1989)

16.24.380 Utilities.

A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

C. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less). (Ord. 427 § 11.1.3, 1989)

16.24.390 Subdivision proposals.

A. All subdivision proposals shall be consistent with the need to minimize flood damage.

B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

D. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres whichever is less. (Ord. 427 § 11.1.4, 1989)

16.24.400 Building permit review.

Where elevation data is not available, either through the flood insurance study or from another authoritative source (LFPMC 16.24.060), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 427 § 11.1.5, 1989)

16.24.410 Residential construction.

A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

B. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

2. The bottom of all openings shall be no higher than one foot above grade.

3. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (Ord. 427 § 11.2.1, 1989)

16.24.420 Nonresidential construction.

New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or together with attendant utility and sanitary facilities, shall:

A. Be floodproofed so that, below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water;

B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the designated official as set forth in LFPMC 16.24.160;

D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in LFPMC 16.24.410(B);

E. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). (Ord. 427 § 11.2.2, 1989)

16.24.430 Mobile homes.

Mobile homes shall be anchored in accordance with the criteria of Section 60.3(b)(8) of the National Flood Insurance Program. (Ord. 427 § 11.2.3, 1989)

Article V. Regional or Subregional Facilities

16.24.440 Required when – Determination.

A. Prior to the development of detailed construction plans for compliance with this chapter, the developer shall meet with the city engineer to determine if a regional or subregional facility should be constructed in lieu of an individual facility to serve only the applicant’s proposed development. If such is determined, the city engineer may recommend to the city that the city should financially participate or assume responsibility for the further design, construction and maintenance of the subregional or regional drainage facilities, either on the subject property or elsewhere within the drainage basin. In the event the city does assume responsibility for design, construction and maintenance of the facilities, the applicant shall be required to financially participate in the total construction cost in an amount deemed reasonable by the city; provided, that in no event shall such amount exceed the estimated cost of the applicant’s alternate individual facility.

B. The city may require the dedication of land for construction within the subject property of regional or subregional facilities where such dedication is determined reasonable by the city with due regard for the requirement for on-site facilities, the development plan proposed, and the alternative uses of such lands proposed for dedication. Should construction of regional or subregional facilities require the acquisition of land on the subject property beyond a reasonable amount as determined by the city, or off the subject property, the city may consider the acquisition of such lands by the city’s applicable condemnation procedures with all such costs to be included within the construction costs of the facility.

C. The city may also elect to allow the developer to construct the regional or subregional facility. In such cases, the city will participate in the cost of the facility in an amount representing the additional cost to the applicant beyond his alternate costs. (Ord. 427 § 12.1, 1989)

16.24.450 Payment requirements.

Where the city has adopted a comprehensive drainage plan within the basin of the subject property, or has previously constructed or participated in financing a subregional facility adequate to service the subject property, the developer may be required to pay the city a sum equal to the estimated cost of on-site facilities required to meet the permanent stormwater detention facilities required by this chapter. Such sum shall be as approved by the city. Receipt of the sum shall relieve the developer of the requirement for “on-site” permanent detention facilities only, with the sums to be utilized, as determined by the city, for structural or nonstructural implementation of the drainage basin master plan. The estimated cost of alternate “on-site facilities,” referred to above, shall include land values, engineering, construction, and all other costs normally and reasonably associated with the construction of such facilities as determined by the city engineer. (Ord. 427 § 12.2, 1989)

Article VI. Stream Corridors and Sensitive Area Designations

16.24.460 Purpose.

The purpose of the stream corridor and sensitive area designations are to:

A. Protect sensitive areas by regulating their development;

B. Protect the public from damage due to landslide, subsidence or erosion;

C. Minimize turbidity and pollution of wetlands and fish-bearing waters and to maintain wildlife habitat;

D. Protect the public against avoidable losses from:

1. Maintenance and replacement of public facilities;

2. Property damage;

3. Subsidy cost of public mitigation of avoidable impacts;

4. Cost for public emergency rescue and relief operations;

E. Alert appraisers, assessors, owners, potential buyers and lessees of the natural limitations of the sensitive areas;

F. Provide responsible officials with information to condition or deny public or private projects to protect sensitive areas; and to avoid the necessity of preparing environmental impact statements in cases where there will not be significant adverse environmental effects, thus expediting governmental approval processes;

G. Protect unique, fragile and valuable elements of the environment;

H. Implement the policies of the State Environmental Policy Act. (Ord. 427 § 13.1, 1989)

16.24.470 General requirements.

The general provisions of this section are:

A. 1. Whenever a proposed development requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, variance, rezone, subdivision or short subdivision, and one or more of the sensitive areas, as defined in the sensitive areas ordinance, is present on the site of the proposed development, the responsible official may require special studies by qualified professionals as provided in this chapter.

2. The responsible official shall send written notification to the applicant whenever such studies are required. The appropriate jurisdictions may approve with conditions or deny any such proposal to carry out the purposes of this section, the policies of the appropriate jurisdiction’s comprehensive plan, and other adopted city plans, policies and regulations.

B. Whenever an erosion hazard area, Class III seismic hazard area, or fish-bearing waters are present, soil, geology, erosion and deposition, hydrology and/or water quality studies may be required if there is a reasonable possibility of significant erosion, landsliding, seismic hazard or damage to fish populations.

C. Any determination to require a study or any decision to approve with conditions to deny a building permit, grading permit, conditional use permit, variance or short subdivision pursuant to this chapter may be appealed in writing to the city council within 10 days of written notification of such determination or decision. The city council shall hold a public hearing and consider the appeal. Any appeal filed pursuant to this section for actions relating to a building permit or short plat application shall be scheduled for public hearing and acted upon as expeditiously as practicable.

D. Where studies may be required for building permit applications by an owner, lessee or contract purchaser to construct a single-family dwelling for his or her own use or applications for a short subdivision into two residential building lots, the responsible official shall do a preliminary field investigation to determine the need for further studies or mitigating conditions. (Ord. 427 § 13.2, 1989)

16.24.480 Stream corridors.

Any development or construction, other than construction of a trail (see subsection C of this section) adjacent to streams shall preserve an undisturbed corridor which is wide enough to maintain the natural hydraulic and habitat functions of that stream. The stream corridor shall not be less than 30 horizontal feet from the seasonal high water elevation of the stream or watercourse, or 25 horizontal feet from the top of bank, whichever is greater.

A. Stream corridor widths shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. These wetlands conform to the definition contained herein. These wetlands shall be preserved and fill shall not be allowed.

B. The stream corridor width may be increased when steep slopes and erosive soils are adjacent to the stream channel. Increasing the undisturbed area will provide the buffer necessary to prevent streamside erosion and intercept silts from uphill erosion. The corridor may be expanded up to 50 horizontal feet from the top of the stream bank when there are slopes between 15 and 30 percent grade combined with soils rated as severely erosive by the sensitive areas maps and the city engineer. The city engineer can recommend the actual required width based on slope, soil type and existing vegetation. For slopes over 30 percent grade with severely erosive soils, the corridor shall be extended to 15 horizontal feet beyond the first significant break in the slope. A significant break in the slope is defined as a bench at least 15 feet wide.

C. If a trail is to be constructed adjacent to a stream, it must be located so that it does not contribute to bank collapse or remove shrub and understory vegetation which shades or shelters the stream or anchors the banks. Trails shall be located away from the stream with access points at locations which can tolerate human traffic, as determined by the city engineer, including low slopes, lack of existing vegetation, stable banks, etc. (Ord. 427 § 13.3, 1989)

16.24.490 Placement in culverts.

If a stream crossing is required, the culvert will be large enough to permit a gravel bottom in the pipe and still pass the required flow. The pipe should change neither the width nor gradient of the stream. It shall not form a velocity barrier to fish traveling upstream. (Ord. 427 § 13.4, 1989)

16.24.500 Stream corridor restoration.

Stream crossings or proposals for projects resulting in stream corridor disturbance within 25 horizontal feet of the top of the bank, shall be subject to these provisions:

A. Degraded stream channels and corridors shall be rehabilitated to mountain water quality, reestablish habitat and prevent erosion.

B. The restoration plan shall be prepared by a qualified fisheries biologist and shall be approved by the Washington Department of Fisheries and Game. Parameters considered by the rehabilitation plan should include: salmonid habitat enhancement, erosion control, channel integrity preservation, aesthetics and hydraulics. Stream improvements shall not create problems elsewhere in the stream system. (Ord. 427 § 13.5, 1989)

16.24.510 Class III landslide hazard area.

No building permit, grading permit, shoreline substantial development permit, conditional use permit, variance, rezone, subdivision or short subdivision shall be granted for development on any Class III landslide hazard area unless the responsible official determines, upon review of a soils study completed by a qualified soils engineer or engineering geologist, that the proposed development, together with any required conditions to mitigate adverse environmental impacts, can be safely accommodated on the site and is consistent with the purposes of this chapter. The soils study shall include specific recommendations for mitigating measures which should be required as a condition of any approval for such development. The recommendations may include, but are not limited to construction techniques, design, drainage, density specifications, or seasonal constraints on development. The responsible official may waive the requirement for special studies where sufficient information is otherwise available to approve, approve with conditions, or deny the development permit or approval in accordance with the purposes of this chapter, the appropriate comprehensive plan, and other adopted plans, policies and regulations. (Ord. 427 § 13.6, 1989)

Article VII. Plan Review

16.24.520 Fees.

All plan review, construction inspection and connection fees are as established periodically by city council resolution. (Ord. 787 § 1, 1999; Ord. 427 § 14, 1989)

16.24.530 Review – Approval.

Upon filing of the drainage plan, application and all supporting data as required by the city, and upon payment of all applicable fees, the city engineer shall expeditiously review the permit request in accordance with the procedures established by the city. Within 30 days of submission of the drainage plan, application, including an environmental impact assessment, if required, the city engineer will advise the responsible official who will act upon the application and notify the applicant of the outcome. However, in the event a full environmental impact statement is, in the opinion of the city engineer, required, the final approval will be issued only upon completion of the statutory requirements of the State Environmental Policy Act. The city engineer will either approve the application, accept it on conditions as set forth in the approval, or deny it outright. Approval shall indicate initial approval of the plans and proposals as presented. Final approval and acceptance of the drainage facilities provided will only be made upon the completion of the project following necessary inspection, testing and submittal of easements and maintenance guarantees. The same plan submitted during one permit/approval process may be subsequently submitted with further required applications. The plan shall be supplemented with such additional information that is requested by the city engineer. (Ord. 427 § 15, 1989)

16.24.540 Effective period – Extension.

Every approval of a drainage plan is effective for a period of one year from the date of approval signature by the city engineer. Extension of the one year approval may be accepted by the city if construction of the storm drainage facility is, in the opinion of the city engineer, progressing towards completion. Any plan for which approval has expired must be resubmitted prior to the issuance of any construction permits and shall be subject to the current ordinance, procedure, standards and review fees applicable at the time of resubmittal. (Ord. 427 § 24, 1989)

16.24.550 Variances.

A. Variances from any of the foregoing requirements may be permitted only after a determination by the city engineer of the validity of a variance using the comprehensive drainage management plan (if available) or employing the following criteria:

1. Sufficient capacity under design conditions of downstream facilities;

2. Maintenance of the integrity of the receiving waters;

3. Possibility of adverse effects of retention/detention;

4. Capability of maintenance of the system; and

5. Structural integrity of abutting foundations and structures;

6. The danger to life and property due to flooding or erosion damage;

7. The availability and feasibility of alternatives which will meet city standards and goals.

B. The city engineer will make a written recommendation of his findings to the hearing examiner which will make the final decision in regard to the variance. (Ord. 836 § 2, 2000; Ord. 427 § 16, 1989)

16.24.560 Appeals.

Repealed by Ord. 836. (Ord. 427 § 17, 1989)

16.24.570 Easements.

Any easements required by the developer to pass drainage water from his property to an approved point of discharge to the city drainage system shall be obtained by the developer at his sole cost and expense. A true copy of such easement shall be delivered to the city prior to the time the developer commences work on this project. Upon completion of the project and prior to acceptance of the project by the city engineer in accordance with the provisions of this chapter, the original easement and easement releases shall be delivered to the city. The easement shall provide for the perpetual access of the city for maintenance, alteration, repair and replacement of drainage-related facilities. (Ord. 427 § 18, 1989)

Article VIII. Insurance

16.24.580 Required.

The city is authorized to require all persons constructing retention/detention or other drainage facilities to post guarantees of performance, operation and maintenance. These guarantees are to insure payment to the city for cost incurred when work must be performed and/or completed and/or corrective work must be undertaken to restore disturbed areas and eliminate hazards or erosion caused by work that is not completed, performed or will result in damage. The only guarantees that are acceptable to the city are the following:

A. Direct cash deposit with the city;

B. An assigned account at a savings institution acceptable to the city which allows only the city to release or draw on any portion of the account;

C. An escrow account with an escrow agency acceptable to the city that guarantees no loss in funds with all fees incurred as a result of placing the account in escrow and investing paid by the developer. The city shall not be liable in any manner for any cost, fees or losses in connection therewith. (Ord. 427 § 19, 1989)

16.24.590 Construction guarantee.

Prior to commencing any vegetation removal from a construction site, the developer of the facility shall post a construction guarantee in an amount sufficient to cover the cost of conforming to the construction with the approved temporary siltation erosion control and approved drainage plans together with any administration cost incurred by the city should the city have to take corrective action in accordance with Article X of this chapter. (Ord. 427 § 19.1, 1989)

16.24.600 Maintenance guarantee.

After satisfactory completion of the construction guarantee by the developer, the developer constructing the facility shall commence a two-year period of satisfactory maintenance of the facility. A maintenance guarantee must be posted to be used at the discretion of the city to correct deficiencies in the maintenance affecting public health, safety and welfare or violations of water quantity or quality standards of this chapter. The guarantee must be posted and maintained throughout the two-year maintenance period. The amount of the guarantee shall be 20 percent of the estimated construction cost of the drainage facilities. In addition, the maintenance guarantee shall cover the cost of design defects or failures in workmanship of the facilities throughout the two-year maintenance period. Inspection shall be conducted by the building inspector at six-month intervals. (Ord. 427 § 19.2, 1989)

16.24.610 Liability policy.

The developer constructing the facility shall maintain a liability policy in the amount of $1,000,000 per individual, $1,000,000 per occurrence, and $500,000 property damage, which shall name the city as an additional insured and which shall protect the city from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. The liability policy shall be maintained for the duration of the facility by the owner of the facility. (Ord. 427 § 19.3, 1989)

Article IX. Inspections and Maintenance

16.24.620 Requirements.

After issuance of the initial drainage permit, the city shall be notified at the time any construction or alteration affecting drainage on the site shall begin and shall make regular inspections during the construction or alteration to ensure that the requirements stated in the permit and elsewhere in this chapter are met. The property owner or developer must notify the city prior to the filling or cover of any subsurface drainage control facilities so that a proper inspection can be made. At the completion of the facilities, an inspection and test will be conducted at which time the property owner must illustrate to the city engineer’s satisfaction that the drainage control facilities, which have been provided, function in accordance with the plans, specifications and hydraulic computations as submitted with the permit applications and that all erosion control measures are operating efficiently. If all inspections and tests indicate that the projects and facilities have been completed in accordance with the requirements of the permit and this chapter, a final approval shall be given. Without this approval, or in the event of any deficiencies not being corrected, no occupancy permit for the use of the property or any structures associated therewith will be granted by the city until such time as the deficiencies are corrected. In the event the owner shall not make such corrections, within 30 days, the city reserves the right to take such corrective measures as may be necessary to make the system perform as required by the permit. All costs for corrective measures and enforcement actions shall be borne by the property owner and must be paid in full prior to granting an occupancy permit. (Ord. 427 § 20, 1989)

16.24.630 City maintenance agreement.

Developers proposing the transfer of operation and maintenance of required facilities to another entity shall make arrangements for assumption of maintenance in a manner approved by the city engineer, city council and consistent with the interlocal agreement among Lake Forest Park, Mountlake Terrace and King County. Such arrangement shall be completed and approved prior to the end of the two-year period of developer responsibility. (Ord. 427 § 21, 1989)

16.24.631 Property owner responsible for stormwater system maintenance.

A. Any person or persons holding title to a property for which stormwater facilities and BMPs have been required by the city of Lake Forest Park shall be responsible for the continual operation, maintenance and repair of the stormwater facilities and BMPs in accordance with the provisions of this chapter.

B. For privately maintained stormwater facilities, the maintenance requirements specified in the Design Manual’s Appendix A, Maintenance Requirements for Flow Control, Conveyance and Water Quality Facilities, shall be enforced against the owner(s) of the subject property served by the stormwater facility. (Ord. 1241 § 5, 2022; Ord. 1149 § 2, 2016)

16.24.632 Maintenance covenant required for privately maintained drainage facilities.

Prior to the beneficial use of a project constructed under a city building permit or a stormwater discharge permit, the owner shall record a maintenance covenant which guarantees the city of Lake Forest Park that the stormwater facilities shall be properly operated, maintained and inspected. The restrictions set forth in such covenant shall be approved by the city, included in any instrument of conveyance of the subject property, and shall be recorded with the King County recorder’s office.

A. Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater facilities is accepted by the city of Lake Forest Park.

B. Maintenance covenants shall include the maintenance standards specified by the Design Manual’s Appendix A, Maintenance Requirements for Flow Control, Conveyance and Water Quality Facilities, a list of maintenance activities and proposed inspection intervals for each element of the private stormwater system, and a guarantee that any maintenance necessary for any element of the stormwater system will be performed to the standards specified by the Design Manual’s Appendix A, Maintenance Requirements for Flow Control, Conveyance and Water Quality Facilities, and within the following schedule:

1. Within one year for wet pool facilities and retention/detention ponds;

2. Within six months for typical maintenance;

3. Within nine months for maintenance requiring revegetation;

4. Within two years for maintenance that requires capital construction of less than $25,000. (Ord. 1241 § 6, 2022; Ord. 1149 § 2, 2016)

16.24.633 City inspections of privately maintained stormwater facilities.

The city is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or investigate any condition relating to the stormwater utility; provided, that the city shall first obtain permission to enter from the owner or person responsible for such premises. If entry is refused, the city shall have recourse to every remedy provided by law to secure entry. Notwithstanding the foregoing, whenever it appears to the city that conditions exist requiring immediate action to protect the public health or safety, the city is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergency condition. (Ord. 1149 § 2, 2016)

16.24.640 Repair and restoration – Nuisance abatement.

A. If, during the inspection of the completed and accepted drainage facility, it is observed by the city that the drainage collection system, retention/detention system, or erosion control measures installed by the developer has failed structurally or fails to operate in accordance with the approved drainage plan, the current holder(s) of any right of title or interest in the property where the facilities are located shall restore them to where they again function and operate in accordance with the approved drainage plan.

B. In the event deficiencies are found, the property owner shall make such corrections as are necessary within 30 calendar days of the date of notice by the city. In the event the property owner fails to make such corrections, the city may revoke the right of occupancy of the subject property, and any associated structures. Any structure or condition which violates the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance and may be abated as such. (Ord. 427 § 22, 1989)

Article X. Violations and Penalties

16.24.650 Cumulative civil penalty.

In addition to or as an alternative to any other penalty provided in this chapter or by law, any developer/owner who violates the provisions of this chapter or an approved drainage plan shall incur a cumulative civil penalty in the amount of $300.00 per day from the date set for correction pursuant to LFPMC 16.24.660. (Ord. 427 § 23.1, 1989)

16.24.660 Violation notice – Penalty assessment.

Whenever the city has found or determined that a violation is occurring, the building inspector is authorized to issue a notice of violation directed to the developer/owner.

A. The notice of violation shall contain:

1. The name and address of the applicant;

2. The street address when available or a legal description sufficient for identification of the building, structure, premises or land upon or within which the violation is occurring;

3. A statement of the nature of such violation(s);

4. A statement of the action required to be taken as determined by the city and a date for correction, which shall be not less than 30 calendar days from the date of service of the notice of violation, unless the city has determined the violation to be hazardous and to require immediate corrective action or unless the corrective action constitutes an erosion control measure;

5. A statement that a cumulative civil penalty in the amount of $300.00 per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues; and

6. A statement that the city’s determination of the violation may be appealed to the city council by filing written notice of appeal, in duplicate, with the city office within 10 calendar days of service of the notice of violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the city to be hazardous and to require immediate corrective action or was determined by the city to constitute a temporary erosion control measure.

B. The notice of violation shall be served upon the person(s) to whom it is directed either personally in the manner provided for personal service of notices or complaint in justice court or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested, to such person at his last known address. Proof of personal service shall be made at the time of service by a written declaration under the penalty of perjury executed by the person affecting service, declaring time, date and the manner by which service was made.

C. A notice of violation issued pursuant to the section constitutes a determination from which an administrative appeal may be taken to the city council. In the event the cumulative civil penalty is not stayed during the appeal because the city has determined either that the violation is hazardous and requires immediate corrective action or that the corrective action constitutes an erosion control measure, then the applicant shall be entitled to have the appeal considered by the city engineer within two working days following filing the appeal.

D. For good cause shown, the city may extend the date set for correction in the notice of violation; provided, that such an extension shall not affect or extend the time within which an administrative appeal must be commenced. (Ord. 427 § 23.2, 1989)

16.24.670 Civil penalty collection.

The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed. The city attorney, on behalf of the city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continued. (Ord. 427 § 23.3, 1989)

16.24.680 Compromise settlement.

The city attorney is authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interests of the city; provided, that report shall be submitted to the city council in any instance when a compromise settlement is negotiated. (Ord. 427 § 23.4, 1989)

16.24.690 Detrimental discharge.

Any person causing material to be discharged to or enter the drainage facility of the city shall be liable for all costs incurred by the city or others in cleaning up or correcting the action and may be charged with a misdemeanor punishable by fines. (Ord. 480 § 1, 1991; Ord. 427 § 23.5, 1989)

16.24.700 Corrective injunctions.

The city may institute a suit for a mandatory injunction directing a person to remove a structure or facility erected in violation of the provisions of this chapter, or make the same comply with its terms. If the city is successful in its suit, the respondent shall bear the costs of the action, including reasonable attorneys’ fees. (Ord. 427 § 23.6, 1989)

16.24.710 Failure to enforce.

The failure or refusal of the city to enforce any provision of this chapter, and as hereafter amended, shall not constitute a waiver or bar to prevent enforcement thereof against any person for a subsequent violation hereof, or for any other violation by any other person. (Ord. 427 § 23.7, 1989)

16.24.720 Abrogation – Greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 427 § 23.8, 1989)

16.24.800 No special duty created.

A. It is the purpose of this chapter to provide for the health, welfare and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

B. Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis of any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspection, notice, or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents, or employees. (Ord. 730 § 14, 1997)

16.24.810 Severability.

If any part or portion of the ordinance codified in this chapter is declared invalid for any reason, such declaration of invalidity shall not affect any remaining part or portion. Only those new and existing portions of the text of the above ordinance shall be codified and published in the official ordinance book. (Ord. 730 § 15, 1997)