Chapter 13.08
DRAINAGE AND WATER QUALITY
Sections:
13.08.025 Stormwater management manual adopted.
13.08.050 Drainage plan – Requirements.
13.08.060 Critical drainage and erosion areas.
13.08.070 Engineering plans for the purposes of drainage review.
13.08.090 Construction timing and final approval.
13.08.100 Liability insurance required.
13.08.105 Financial guarantees authorized.
13.08.115 Drainage facilities accepted by the city of Normandy Park for maintenance.
13.08.120 Drainage facilities not accepted by the city of Normandy Park for maintenance.
13.08.200 Discharges into city of Normandy Park waters.
13.08.210 Water quality hazards.
13.08.320 Liberal construction.
13.08.340 Exceptions and variances.
13.08.005 Purposes.
The council finds this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of surface and stormwater and erosion control, especially that which preserves and utilizes the many values of the city’s natural drainage system including open space, fish and wildlife habitat, recreation, and education. The council also finds that the city of Normandy Park should conduct programs to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent water quality degradation through the implementation of comprehensive and thorough permit review, construction inspection, enforcement, and maintenance in order to promote the effectiveness of the requirements contained in this chapter.
In addition, the purpose of this chapter is to protect the city’s surface and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants. The city council recognizes that water quality degradation can result either directly from one discharge or through the collective impact of many small discharges. Therefore, this chapter prohibits the discharge of contaminants into surface and stormwater and groundwater in accordance with Chapter 90.48 RCW, and outlines preventive measures to restrict contaminants from entering such waters. These measures include the implementation of best management practices (BMPs) by the residents and businesses of the city.
Furthermore, the Normandy Park city council finds this chapter necessary to protect the health, safety and welfare of the residents of Normandy Park and the integrity of the city’s resources for the benefit of all by: minimizing or eliminating water quality degradation; preserving and enhancing the suitability of waters for recreation, fishing, and other beneficial uses; and preserving and enhancing the aesthetic quality and biotic integrity of the water. The city council recognizes that implementation of this chapter is required under the Federal Clean Water Act, 33 U.S.C. 1251 et seq. In meeting the intent of the Clean Water Act the city council also recognizes the importance of maintaining economic viability while providing necessary environmental protection and believes this chapter helps achieve both goals. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.010 Scope.
Compliance with the standards in this chapter and the adopted stormwater management manual does not necessarily mitigate all probable and significant environmental impacts to aquatic biota. Fishery resources and other living components of aquatic systems are affected by a complex set of factors. While employing a specific flow control standard may prevent stream channel erosion or instability, other factors affecting fish and other biotic resources (such as increases in stream flow velocities) are not directly addressed by the stormwater management manual. Thus, compliance with this manual should not be construed as mitigating all probable and significant stormwater impacts, and additional mitigation may be required to protect aquatic biota in streams and wetlands. Stricter regulations imposed by other laws, ordinances, and rules shall still pertain. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
“AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution.
“Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to Chapter 8.12 RCW, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
“Arterial” means a road or street primarily for through traffic. The term generally includes roads or streets considered collectors. It does not include local access roads which are generally limited to providing access to abutting property.
“Basin” means a drainage area that drains either to Miller Creek, Normandy Creek, Walker Creek, Arrow Lake, Des Moines Creek, or the drainage areas that drain directly to Puget Sound.
“Basin plan” means a plan and all implementing regulations and procedures including, but not limited to, capital projects, public education activities and land use management adopted by ordinance, resolution, interlocal agreement, or other law for managing surface and stormwater management facilities and features within individual subbasins.
“Best management practices (BMPs)” means the best available and reasonable physical, structural, managerial, or behavioral activities, that when used singly or in combination eliminate or reduce the contamination of surface and/or groundwater.
“Bioretention” means an engineered facility that treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation. Refer to the Stormwater Management Manual for Western Washington (SWMMWW), Chapter 7 of Volume V for bioretention BMP types and design specifications.
“Certified erosion and sediment control lead (CESCL)” means an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by the Washington Department of Ecology (Ecology) (see BMP C160 in the Stormwater Management Manual for Western Washington (SWMMWW)). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. Certification is obtained through an Ecology approved erosion and sediment control course.
“City manager” means the city manager or the official designated by the city manager.
“Clean Water Act” means 33 U.S.C. 1251 et seq., as amended.
“Closed depression” means an area which is low-lying and either has no, or such a limited, surface water outlet that during storm events the area acts as a retention basin, with more than 5,000 square feet at overflow elevation.
“Construct or modify” means to install a new drainage pipe or ditch or make improvements to an existing drainage pipe or ditch that either serves to concentrate previously unconcentrated surface and stormwater runoff, or serves to increase, decrease and/or redirect the conveyance of surface and stormwater runoff. Routine maintenance, repair, or emergency modifications shall be excluded from this definition.
“Converted vegetation (areas)” means the surfaces on a project site where native vegetation, pasture, scrub/shrub, or unmaintained nonnative vegetation (e.g., Himalayan blackberry, Scotch broom) are converted to lawn or landscaped areas, or where native vegetation is converted to pasture.
“Conveyance system” means the drainage facilities and features, both natural and constructed, that collect, contain and provide for the flow of surface and stormwater from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels and most flow control and water quality treatment facilities.
“Design manual” means the manual(s), and supporting documents as appropriate, describing surface and stormwater design and analysis requirements, procedures and guidance which have been formally adopted by code or ordinance.
“Development” means any activity that requires a permit or approval, including, but not limited to, a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, site development permit or right-of-way use permit.
“Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.
“Discharge point” means the location where a discharge leaves the city’s MS4 through the city’s MS4 facilities/BMPs designed to infiltrate.
“Drainage” means the collection, conveyance, containment and/or discharge of surface and stormwater runoff.
“Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities include, but are not limited to, constructed or engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control or water quality treatment facilities, erosion and sediment control facilities and other structures and appurtenances that provide for drainage.
“Drainage review” means an evaluation by city staff of a proposed project’s compliance with the drainage requirements herein, in the standard plans and/or adopted stormwater manual.
“Effective impervious surface” means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are considered ineffective if: (1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30, Full Dispersion, as described in Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington; (2) residential roof runoff is infiltrated in accordance with downspout full infiltration systems in BMP T5.10A in Volume V of the Stormwater Management Manual for Western Washington; or (3) approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated.
“Erodible or leachable materials” means wastes, chemicals, or other substances that measurably alter the physical or chemical characteristics of runoff when exposed to rainfall. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage.
“Erosion and sediment control” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation and ensure that sediment-laden water does not leave the site.
“Financial guarantee” means a form of financial security posted to ensure timely and proper completion of improvements, to ensure compliance with the city of Normandy Park Municipal Code, and/or to warranty materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposit, and/or other forms of financial security acceptable to the city manager. For the purposes of this chapter, the terms “performance guarantee,” “maintenance guarantee” and “defect guarantee” are considered subcategories of “financial guarantee.”
“Flow control facility” means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff generated by site development pursuant to the drainage requirements in this chapter. Flow control facilities are designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground or to hold runoff for a short period of time and then release it to the conveyance system.
“Full drainage review” means a drainage evaluation required by the city of Normandy Park for any proposed project which does not meet the criteria for small site drainage review.
“Groundwater” means all waters that exist beneath the land surface or beneath the bed of any stream, lake, or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves.
“Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.
“High-use site” means a commercial, industrial or road intersection site that generates a higher than average number of vehicle turnovers or has other characteristics that generate the potential for chronic oil accumulation. High-use sites include:
(1) Commercial or industrial sites subject to:
(a) An expected daily traffic count greater than 100 vehicles per 1,000 square feet of gross building area;
(b) Petroleum storage or transfer in excess of 1,000 gallons per year, not including routine fuel oil storage or transfer; or
(c) Use, storage or maintenance of a fleet of 25 or more diesel vehicles each weighing over 10 tons; or
(2) Road intersections with average daily traffic counts of 25,000 vehicles or more on the main roadway and 15,000 or more vehicles on any intersecting roadway. Projects proposed that will only add or improve pedestrian or bicycle facilities at a high-use site are excluded from the improvements meeting the criteria for a high-use site.
“Highway” means a main public road connecting towns and cities.
“Hydraulically connected” means connected through surface flow or water features such as wetlands or lakes.
“Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.
“Illicit discharge” means any direct or indirect nonstormwater discharge to the city’s storm drain system, except as expressly exempted by this chapter.
“Impervious surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as would have occurred under natural conditions prior to development. A nonvegetated surface area causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, sidewalks, walkways, patios, concrete or asphalt paving, driveways, parking lots, storage areas, gravel roads, packed earthen materials and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
“Improvement” means streets (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, street trees and other appropriate items.
“Lake management plan” means a plan describing the lake management recommendations and requirements adopted by ordinance, resolution, interlocal agreement, or other law for managing water quality within individual lake basins.
“Land cover conversion” means to alter the ground cover characteristics of a site such that there is an increase in the volume or rate of stormwater runoff. Examples of a land cover conversion would be converting a forested site to pasture, grass, pavement or buildings, or converting a grassed lawn area to a gravel or paved parking lot.
“Land disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures.
“Licensed civil engineer” means a person registered with the state of Washington as a professional engineer in civil engineering.
“LID best management practice” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse.
“LID principles” means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.
“Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning and distributed stormwater management practices that are integrated into a project design. Generally, a project utilizing LID will make extensive use of small scale drainage control features, such as rain gardens and infiltration facilities to prevent increases of runoff due to site development. The city of Normandy Park utilizes the Low Impact Development Technical Guidance Manual for Puget Sound, Puget Sound Partnership (Publication No. PSP 2012-3) for LID design.
“Maintenance” means repair and maintenance and includes activities conducted on currently serviceable structures, facilities, and equipment that involve no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. In regard to stormwater facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in the maintenance standards of Chapter 4, Volume V of the Stormwater Management Manual for Western Washington.
“Municipal separate storm sewer system” or “MS4” means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
(1) Owned or operated by a state, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to water of the United States;
(2) Designed or used for collecting and conveying stormwater;
(3) Which is not a combined sewer; and
(4) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
“National Pollutant Discharge Elimination System” or “NPDES” means the national program for controlling pollutants from point source discharges directly into waters of the U.S. under the Clean Water Act.
“National Pollutant Discharge Elimination System permit” means an authorization, license, or equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.
“Native vegetation” means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed.
“New development” means land disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses, structural development, including construction, installation or expansion of a building or other structure, creation of hard surfaces, and subdivision, short subdivision and binding site plans as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.
“New impervious surface” means a surface that is:
(1) Changed from a pervious surface to an impervious surface (e.g. resurfacing by upgrading from dirt to gravel, a bituminous surface treatment (“chip seal”), asphalt, concrete, or an impervious structure); or
(2) Upgraded from gravel to chip seal, asphalt, concrete, or an impervious structure; or
(3) Upgraded from chip seal to asphalt, concrete, or an impervious structure.
Note that if asphalt or concrete has been overlaid by a chip seal, the existing condition should be considered as asphalt or concrete.
“On-site stormwater management BMPs” is a synonym for low impact development BMPs.
“Outfall” means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the city’s MS4 and enters a surface receiving water body or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface water (i.e., culverts).
“Permeable pavement” means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.
“Pervious surface” means any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements.
“Pollution-generating impervious surface (PGIS)” means those impervious surfaces considered to be a significant source of pollutants in surface and stormwater runoff. Such surfaces include those subject to vehicular use, industrial activities (as further defined in the glossary of the SWMMWW) or storage of erodible or leachable materials, wastes or chemicals and which receive direct rainfall or the run-on or blow-in of rainfall, metal roofs unless they are coated with an inert, nonleachable material (e.g., baked-on enamel coating), or roofs that are subject to venting significant amounts of dust, mists, or fumes from manufacturing, commercial, or other indoor activities. Thus, a covered parking area would be included if runoff from uphill could regularly run through it or if rainfall could regularly blow in and wet the pavement surface.
“Pollution-generating pervious surface (PGPS)” means any nonimpervious surface subject to vehicular use, industrial activities (as further defined in the glossary of the SWMMWW), or storage of erodible or leachable materials, wastes, or chemicals, and that receive direct rainfall or run-on or blow-in rainfall, use of pesticides and fertilizers or loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawn and landscaped areas of residential or commercial sites, golf courses, parks, cemeteries and sports fields (natural and artificial turf).
“Preapplication” means the meeting(s) and/or form(s) used by applicants for some development permits to present initial project intentions to the city manager. “Preapplication” does not mean application.
“Predeveloped condition” means the native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The predeveloped condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement.
“Project” means any proposed action to alter or develop a site, which may require drainage review.
“Project site” means the portion of property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces.
“Rain garden” means a nonengineered shallow landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. Refer to the Rain Garden Handbook for Western Washington Homeowners (WSU 2007 or as revised) for rain garden specifications and construction guidance.
“Receiving water body” or “receiving waters” means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4 discharges.
“Redevelopment project” means on an already substantially developed site (i.e., has 35 percent or more of existing impervious surface coverage), the creation or addition of impervious surfaces, the expansion of a building footprint or addition or replacement of a structure, structural development including construction, installation or expansion of a building or other structure, and/or replacement of hard surface that is not part of a routine maintenance activity, and land disturbing activities.
“Replaced hard surface” means, for structures, the removal and replacement of hard surfaces down to the foundation. For other hard surfaces, the removal down to bare soil or base course and replacement.
“Replaced impervious surface” means, for structures, the removal and replacement of any exterior impervious surfaces or foundation. For other impervious surfaces, the removal down to bare soil or base course and replacement.
“Runoff” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater.
“Shared facility” means a drainage facility designed to meet one or more of the requirements of NPMC 13.08.050 for two or more separate projects contained within a basin as defined in this section. Shared facilities usually include shared financial commitments for those drainage facilities.
“Site” means the area defined by legal boundaries of the parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site.
“Small project drainage review” means a drainage evaluation required by the city of Normandy Park for any proposed project which meets the criteria for small site drainage review.
“Small site drainage manual” means the city of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual.
“Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. “Structural source control BMPs” are physical, structural or mechanical devices, or facilities that are intended to prevent or reduce pollutants from entering stormwater. “Operational BMPs” are nonstructural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW.
“State waste discharge permit” means an authorization, license, or equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.
“Stormwater management manual” means the 2019 Edition of the state of Washington Department of Ecology’s Stormwater Management Manual for Western Washington (SWMMWW) and all amendments and additions thereto. The manual contains BMPs to prevent or reduce pollution.
“Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
“Stormwater site plan” means a comprehensive report containing all of the technical information and analysis necessary for the city to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements. Guidance on preparing a stormwater site plan is contained in the SWMMWW.
“Subbasin” means a drainage area, which drains to a water course or water body named and noted on common maps, and which is contained within a basin as defined in this section.
“Surface and stormwater” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater.
“Threshold discharge area” means an on-site area draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as determined by the shortest flow path). The examples in Figure 2.3.1 in Volume I of the SWMMWW illustrate this definition. The purpose of this definition is to clarify how the thresholds are applied to project sites with multiple discharge points.
“Treatment BMP” means a BMP intended to remove contaminants once they are already contained in stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and stormwater wetlands.
“Vehicular use” means regular use of an impervious or pervious surface by motor vehicles. The following are subject to regular vehicular use: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways. The following are not considered subject to regular vehicular use: paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance access roads.
“Water quality treatment facility” means a drainage facility designed to reduce pollutants once they are already contained in surface and stormwater runoff. Water quality treatment facilities are the structural component of BMPs. When used singly or in combination, water quality facilities reduce the potential for contamination of surface and/or groundwater.
“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetland areas. (Ord. 1040 § 2, 2022; Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.025 Stormwater management manual adopted.
The city adopts the 2019 Stormwater Management Manual for Western Washington, published by the Washington State Department of Ecology, as the general stormwater design manual for the city. For small residential projects with fewer than 10,000 square feet of total site impervious surface, and that add and/or replace less than 5,000 square feet of paved area, the city adopts the 2008 City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual as applicable. The 2008 City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual requires the use of low impact development best management practices including preservation of native vegetation on site, protection of soil during construction and creation of runoff management systems to store and absorb runoff from impervious surfaces to the extent feasible. In addition the city adopts the current edition of the Low Impact Development Technical Guidance Manual for Puget Sound (OSO 2012-3). The city may create and adopt amendments to any manual as necessary. If any inconsistencies exist between the requirements in this chapter and adopted manuals, the more restrictive shall apply. One copy of the 2019 Stormwater Management Manual for Western Washington, City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual, and the Low Impact Development Manual shall be available in the office of the city clerk for use and examination by the public. (Ord. 1040 § 3, 2022; Ord. 955 § 2 (Exh. 2), 2017; Ord. 888 § 1 (Exh. A), 2012; Ord. 805 § 2, 2008).
13.08.030 Drainage review.
(1) When Required. A drainage review is required when any proposed project is subject to a city of Normandy Park building permit; land clearing, grading or filling permit; shoreline substantial development permit; flood control zone permit; or subdivision or plat approval, and meets one of the following criteria:
(a) Any single-family residence or permitted modification thereof that adds an impervious surface;
(b) Would construct or modify a drainage pipe or ditch that is 12 inches or more in diameter or depth or receives surface and stormwater runoff from a drainage pipe or ditch that is 12 inches or more in diameter or depth;
(c) Contains or is adjacent to a floodplain, stream, lake, wetland or closed depression, or a sensitive area as defined in Chapter 18.36 NPMC, excluding seismic hazard areas; or
(d) Any other project that adds or replaces an impervious surface. Pavement maintenance projects not requiring or associated with other permits, such as seal coats, pavement overlay, and repavement of existing residential use concrete or asphalt paved areas such as parking lots, patios, or driveways, shall be excluded from drainage review, unless the drainage patterns are substantially modified.
(e) Any project which includes land-disturbing activities which expose more than 120 square feet of soil. Routine landscape maintenance practices outside critical areas and ongoing gardening and farming activities shall be excluded from drainage review unless the drainage patterns are substantially modified.
(2) Type of Drainage Review. The drainage review for any proposed project shall be targeted to the scope of the project’s size, type of development and potential for impacts to the regional surface water system to facilitate preparation and review of project applications. If drainage review for a proposed project is required, the city shall determine which of the following drainage reviews apply as specified herein or in the stormwater design manual:
(a) Small-site drainage review; or
(b) Full drainage review. Use the flow charts in Figures I-3.1 and Figure I-3.2 in Volume I of the SWMMWW to determine which of the minimum requirements apply.
(3) Exemptions. The provisions of this section do not apply to any development or improvement described in subsection (1)(a) or (d) of this section with a building footprint or impervious surface, or both, less than a total of 120 square feet. This exemption may be used once in any 12-month period, limited to a lifetime maximum percentage of impervious surface lot coverage as follows:
(a) Zones R-5 and R-7.2: 60 percent maximum lot coverage;
(b) Zone R-12.5: 50 percent maximum lot coverage;
(c) Zones R-15 and R-20: 40 percent maximum lot coverage. (Ord. 1040 § 4, 2022; Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.050 Drainage plan – Requirements.
(1) Minimum Requirements. Every permit application with drainage review must meet each of the minimum requirements, which are described in detail in the 2019 Stormwater Management Manual for Western Washington. Small single-family residential projects with less than 10,000 square feet of total impervious surfaces and less than 5,000 square feet of existing plus new and replaced hard surfaces may be able to use the City of Normandy Park Small Project Drainage Requirements and Technical Guidance Manual for project planning, design, and submittal purposes. Projects that do not meet the criteria for use of the Small Project Drainage Requirements and Technical Guidance Manual shall use the flow charts in Figures I-3.1and Figure I-3.2 in Volume I of the SWMMWW to determine which of the minimum requirements apply. Redevelopment projects shall mitigate the impacts from existing impervious surfaces and new plus replaced hard surfaces to the extent practicable, and as required by the appropriate stormwater management manual.
(2) Engineering Required. All projects, except single-family residential projects with less than 5,000 square feet of total site impervious surface, are required to have a drainage plan prepared by an engineer licensed in the state of Washington. This requirement may be waived by the city engineer for projects with less than 10,000 square feet of total site impervious surface if the project design and conditions indicate a low likelihood of any adverse impacts due to a lack of professional involvement in the design.
(3) Financial Guarantees and Liability. All drainage facilities constructed or modified for projects, except for drainage improvements for single-family residential lots, must comply with the liability requirements of NPMC 13.08.100 and the financial guarantee requirements of NPMC 13.08.105.
(4) Landscaping and Aesthetics. Proposed projects shall incorporate landscape buffers and/or passive recreational features into the design of detention/retention and treatment facilities. The landscaping shall meet the landscaping requirements of the adopted stormwater manual. When possible, retention/detention facilities should be integrated into the project’s design to take advantage of the improved appearance and function of the facility.
(5) Adjustments. Adjustments to the technical requirements contained in an adopted drainage/stormwater manual may be proposed; provided, that the resulting development meets all applicable minimum requirements and conditions of this chapter; and provided, that granting the adjustment shall:
(a) Produce a compensating or comparable result in the public interest; and meet this chapter’s objectives of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.
(b) Application of the standard specifications of an adopted manual will deny reasonable use of a property; the best practicable alternative shall be obtained as determined by the city engineer.
(c) Requests for adjustments that may be in conflict with the requirements of any other city of Normandy Park codes, ordinances, resolutions, interlocal agreements, or other laws shall require review and concurrence with those laws.
(d) Requests for adjustments shall be approved by the city engineer. Decisions on adjustments shall be determined within 60 days of receipt of the application. The 60-day review time may be extended if the city requires additional information from the applicant. If an adjustment is denied, the applicant may file for a variance from the requirements of this chapter as outlined in NPMC 13.08.340.
(6) LID Site Analysis Checklist.
(a) The site analysis requirements shall be submitted in addition to all other requirements for development approval for a project and may be submitted prior to the filing of other applications. The administrator may choose to waive certain components required in this section as appropriate based on the feasibility of a project site for LID.
(b) Purpose of the Site Analysis. LID site design is intended to complement the predevelopment conditions on the site. LID site analysis is part of the process to determine feasibility of a project site for LID. The initial inventory and analysis process will provide baseline information necessary to design strategies that preserve natural resources, preserve areas most appropriate to evaporate, transpire, and infiltrate stormwater, and achieve the goal of maintaining predevelopment natural hydrologic conditions on the site.
(c) The site analysis shall include, at a minimum, the following information:
(i) A survey prepared by a registered land surveyor showing existing public and private development, including utility infrastructure on and adjacent to the site, major and minor hydrologic features, including seeps, springs, closed depression areas, drainage swales, and contours as follows:
(A) Up to 10 percent slopes, two-foot contours.
(B) Over 10 percent to less than 20 percent slopes, five-foot contours.
(C) Twenty percent or greater slopes, 10-foot contours.
(D) Elevations shall be at 25-foot intervals.
(ii) A soils report prepared by a licensed geotechnical engineer or licensed engineering geologist. The report shall identify:
(A) Underlying soils on the site utilizing soil pits, soil grain analyses, and saturated hydraulic conductivity (shc) testing to assess infiltration capability on site. The frequency and distribution of soil pits and shc testing shall be adequate to direct placement of the roads, parking lots, and bioretention/rain gardens over those soils.
(B) Documentation of any possible shallow groundwater.
(iii) Preliminary drainage report consistent with the requirements of this code.
(A) Topologic features that may act as natural stormwater storage or conveyance and underlying soils that provide opportunities for storage and partial infiltration.
(B) Depth to groundwater.
(C) Geologic hazard areas and associated buffer.
(iv) A survey of the existing native vegetation cover by a licensed landscape architect, arborist, or qualified biologist identifying any forest areas on the site, species and condition of ground cover and shrub layer, and tree species, and canopy cover.
(v) A streams, wetland, and water body survey and classification report by a qualified biologist showing wetland and buffer boundaries consistent with the requirements of the jurisdiction if present.
(vi) Flood hazard areas on or adjacent to the site, if present.
(vii) Aquifer and wellhead protection areas on or adjacent to the site, if present.
(viii) Any known historic, archaeological, and cultural features located on or adjacent to the site, if present.
(ix) Description of the proposed complete LID project including:
(A) Project narrative showing how the project will fulfill the requirement of on-site management of stormwater to the maximum extent feasible;
(B) Total area of designated development area;
(C) Total area of native vegetation area;
(D) Total number of multifamily units proposed, if applicable;
(E) (I) Listing and extent of each LID BMP to be used. Explanation and documentation for any determination that an LID BMP was considered infeasible for the site, or
(II) A statement that the site will achieve the LID performance standard;
(F) Maximum impervious surface proposed for the development;
(G) Total area of impervious surface and effective impervious surface and how proposed drainage plan reduces (to max extent) or eliminates EIA; and
(H) Proposed ownership of land areas within the complete LID project both during and after construction.
(x) Areas of disturbed soils to be amended. (Note: All lawn and landscaped areas are to meet BMP T5.13. Use of compost is one way to meet the requirement.)
(xi) The location and square footage or approximate location and square footage or acreage of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses with notations of proposed ownership included where appropriate. (Ord. 1040 § 5, 2022; Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.060 Critical drainage and erosion areas.
Development in areas where the city has determined that the existing flooding, drainage or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the city engineer or designee until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features or other controls necessary to protect against community hazard. Where application of this section will deny all reasonable use of a property and a facility or design that produces a compensating or comparable result cannot be obtained, then a best practicable alternative may be obtained, to be determined by the city engineer, according to the adjustment process outlined in NPMC 13.08.050(5). (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.070 Engineering plans for the purposes of drainage review.
(1) Where to Submit. All engineering plans shall be submitted to the city for review in accordance with the applicable design manual.
(2) Expiration. The expiration time frames shall be specified by the planning and community development director and shall apply to all permit applications.
(3) Processing. All plans shall be processed in accordance with the review procedures specified by the planning and community development director.
(4) Contents. All submittal procedures, definitions and specifications for the required contents of engineering plans are presented in the applicable manual adopted by the city. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.090 Construction timing and final approval.
(1) No work related to permanent or temporary storm drainage control for a permitted development may proceed without the approval of the city manager.
(2) Erosion and sediment control measures associated with both the interim and permanent drainage systems shall be:
(a) Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with an approved erosion and sediment control plan; and
(b) Satisfactorily sequenced and maintained until all improvements, restoration, and landscaping associated with the permit and approvals for the project are completed and the potential for on-site erosion has passed.
(3) Prior to the construction of any improvements or buildings on the site, or to final recording of a plat or short plat, those portions of the drainage facilities necessary to accommodate the control of surface and stormwater runoff discharging from the site shall be constructed and in operation, but, after receipt of a written request, the city may authorize recording to minimize impacts that may result from construction during inappropriate times of the year. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.100 Liability insurance required.
The applicant required to construct the drainage facility pursuant to this chapter shall maintain a combined single limit per occurrence liability policy in the amount established by the city of Normandy Park, which shall name the city of Normandy Park and city engineer as an additional insured and protect the city from liability relating to the construction, maintenance, or operation of the facility until construction approval or acceptance for maintenance, whichever is the last step required by the city. Proof of this required liability policy shall be provided to the city manager prior to commencing construction of any drainage facility. If this liability insurance is not kept in effect as required, the city may initiate enforcement action. All drainage facilities constructed or modified for projects, except for private drainage improvements for single-family residential lots, must comply with these liability requirements. Except as specifically exempted herein, all projects shall maintain a general liability policy in an amount not less than $300,000 per individual, $500,000 per occurrence, and $1,000,000 property damage. The city manager may exempt certain projects from this requirement if the project is located entirely on private property and the project requires less than two acres of clearing and grading. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.105 Financial guarantees authorized.
The city is authorized to require all applicants issued permits or approvals under the provisions of this chapter to post financial guarantees consistent with the provisions of this chapter. All drainage facilities constructed or modified for projects, except for private drainage improvements for single-family residential lots, must comply with these financial guarantee requirements.
Except as specifically exempted herein, all projects shall be required to post a financial guarantee in an amount and type approved by the city manager. The city manager may exempt certain projects from this requirement if the project is located entirely on private property and the project requires less than two acres of clearing and grading. Prior to commencing construction, the person constructing a retention/detention or water quality facility shall post a performance surety in an amount sufficient to cover the cost of conforming the construction to the approved drainage plans. After determination by the city that all facilities are constructed in compliance with the approved plans, as-built drawings have been submitted and approved, and a maintenance and defect surety has been posted, the performance surety shall be released. After satisfactory completion of a retention/detention or water quality facility and release of the performance surety by the city, the person constructing such facility shall commence a two-year period of satisfactory maintenance and operation of the facility. A cash bond, to be used at the discretion of the city manager to correct deficiencies in that maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two-year period. In addition, this cash bond shall cover the cost of defects or failures of the retention/detention or water quality facilities through the two-year period. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.115 Drainage facilities accepted by the city of Normandy Park for maintenance.
(1) The city performs the maintenance and operation of drainage facilities that have formally been accepted for maintenance and operation by the city manager.
(2) The city may assume maintenance of privately maintained drainage facilities only if the following conditions have been met:
(a) All necessary easements or dedications entitling the city to properly maintain the drainage facility have been conveyed to the city;
(b) The city manager has determined that the facility is in the dedicated public road right-of-way, easement, or tract and that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
(i) Flooding;
(ii) Downstream erosion;
(iii) Property damage due to improper function of the facility;
(iv) Safety hazard associated with the facility;
(v) Degradation of water quality or in-stream resources; or
(vi) Degradation to the general welfare of the community; and
(c) The city manager has declared in writing acceptance of maintenance responsibility by the city.
(3) The city manager may terminate the city’s assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
(a) Flooding;
(b) Downstream erosion;
(c) Property damage due to improper function of the facility;
(d) Safety hazard associated with the facility;
(e) Degradation of water quality or in-stream resources; or
(f) Degradation to the general welfare of the community.
(4) A drainage facility which does not meet the criteria of this section shall remain the responsibility of the applicant required to construct the facility and owners of the property for which the facility was required. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.120 Drainage facilities not accepted by the city of Normandy Park for maintenance.
(1) The owners of the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the city and shall remain responsible for any liability arising out of these duties. This responsibility includes maintenance of a drainage facility which is:
(a) Under a maintenance guarantee or defect guarantee;
(b) A private road conveyance system;
(c) Located within and serving only one single-family residential lot;
(d) Located within and serving a multifamily or commercial site unless the facility is part of an approved shared facility plan;
(e) Located within or associated with an administrative or formal subdivision which handles runoff from an area of which less than two-thirds is designated for detached or townhouse dwelling units located on individual lots unless the facility is part of an approved shared facility plan;
(f) Previously terminated for assumption of maintenance responsibilities by the city in accordance with NPMC 13.08.115;
(g) Not otherwise accepted by the city for maintenance.
(2) Prior to the notice to proceed for work authorized by any of the permits and/or for any multifamily or commercial project required to have a flow control or water quality treatment facility, the applicant shall record a declaration of covenant, running with the land. A copy of the city’s standard form for the covenant is available from the city clerk’s office.
(a) In the event that the property owners do not effect the maintenance and/or repairs, the city may perform the work upon due notice. The property owners are required to reimburse the city of Normandy Park for that work. The restrictions set forth in the covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County records division.
(b) The city of Normandy Park may enforce the restrictions set forth in the declaration of covenant.
(3) Prior to the issuance of any of the permits, project approvals for the project, or the release of financial guarantees posted to guarantee satisfactory completion, the owners of the subject property for which a drainage facility was required shall pay a fee to reasonably compensate the city for costs relating to inspection of the facility to ensure that it has been constructed according to the approved plans and applicable specifications and standards.
(4) The duties specified in this section with regard to payment of inspection fees and reimbursement of maintenance costs shall be enforced against the person or persons holding title to the property for which the drainage facility was required.
(5) Where not specifically defined in this section, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.130 Drainage hazards.
Whenever the city manager determines that any existing construction site, erosion and sedimentation problem or drainage facility poses a hazard to life and limb, endangers any property, or adversely affects the condition or capacity of other drainage facilities, the safety and operation of city right-of-way, utilities, or other property owned or maintained by the city, the applicant/person to whom the permit was issued pursuant to NPMC 13.08.030, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the city manager, shall within the period specified repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.
If the city manager has reasonable cause to believe that the situation is so hazardous as to preclude written notice, the city manager may take the measures necessary to eliminate the hazardous situation; provided, that the city manager shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to NPMC 13.08.030, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other city requirement has been posted, the city manager shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.200 Discharges into city of Normandy Park waters.
(1) Prohibited Discharges.
(a) It is unlawful for any person to discharge any contaminants into surface and stormwater or groundwater. Contaminants include, but are not limited to, the following:
(i) Trash or debris;
(ii) Construction materials;
(iii) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, and heating oil;
(iv) Antifreeze and other automotive products;
(v) Metals in either particulate or dissolved form;
(vi) Flammable or explosive materials;
(vii) Radioactive material;
(viii) Batteries;
(ix) Acids, alkalis, or bases;
(x) Paints, stains, resins, lacquers, or varnishes;
(xi) Degreasers and/or solvents;
(xii) Drain cleaners;
(xiii) Pesticides, herbicides, or fertilizers;
(xiv) Steam cleaning wastes;
(xv) Soaps, detergents, or ammonia;
(xvi) Swimming pool backwash;
(xvii) Chlorine, bromine, and other disinfectants;
(xviii) Heated water;
(xix) Domestic animal and livestock wastes;
(xx) Sewage;
(xxi) Recreational vehicle waste;
(xxii) Animal carcasses;
(xxiii) Food wastes;
(xxiv) Bark and other fibrous materials;
(xxv) Collected lawn clippings, leaves, or branches;
(xxvi) Silt, sediment, or gravel;
(xxvii) Dyes (except as stated in subsection (3)(a) of this section);
(xxviii) Chemicals not normally found in uncontaminated water;
(xxix) Any hazardous material or waste not listed above.
(b) Illicit Connections. Any connection, identified by the city manager, that could convey anything not composed entirely of surface and stormwater directly to surface and stormwater or groundwater is considered an illicit connection and is prohibited with the following exceptions: connections conveying allowable discharges, connections conveying discharges pursuant to an NPDES permit (other than an NPDES stormwater permit) or a state waste discharge permit, and connections conveying effluent from on-site sewage disposal systems to subsurface soils, such systems having been approved by the Seattle/King County health department.
(2) Allowable Discharges. The following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the city manager determines that the type of discharge, whether singly or in combination with others, is causing significant contamination of surface and stormwater or groundwater:
(a) Discharges from potable water sources, including line flushing. These discharges shall be dechlorinated if the chlorine concentration exceeds 0.1 ppm;
(b) Uncontaminated water from crawl space pumps or footing drains;
(c) Lawn watering. Discharges shall be minimized through good management and conservation methods;
(d) Materials placed as part of an approved habitat restoration or bank stabilization project;
(e) Natural uncontaminated surface water or groundwater;
(f) Flows from riparian habitats and wetlands; and
(g) Other discharges allowed under the conditions set forth in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit.
(3) Exceptions.
(a) Dye testing for the identification of illicit discharges is allowable but requires verbal notification to the city of Normandy Park public works department at least one day prior to the date of test.
(b) If a person has properly designed, constructed, implemented BMPs, and is maintaining BMPs, and is carrying out AKART as required by this chapter, and contaminants continue to enter surface and stormwater or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site; that person shall not be in violation of subsection (1) of this section. That person, however, is still liable for prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges that allow contaminants to enter surface and stormwater or groundwater.
(c) Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety, shall be exempt from this section. The city manager may specify actions that qualify for this exception in city procedures. The person responsible for emergency response activities should take steps to ensure that the discharges resulting from such activities are minimized to the greatest extent possible. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.210 Water quality hazards.
Whenever the city manager determines that any violation of this chapter poses a hazard to public health, safety, or welfare; endangers any property; or adversely affects the safety and operation of right-of-way, utilities, and/or other property owned or maintained by the city; the owner of the subject property, and/or other person or agent in control of said property, upon receipt of notice in writing from the city manager shall, within the period specified therein, address the cause of the hazardous situation in conformance with the requirements of this chapter. Notwithstanding any other provisions of this chapter, whenever it appears to the city manager that conditions covered by this chapter exist requiring immediate action to protect the public health and/or safety, the city manager is authorized to enter at all times in or upon any such property, public or private, for the purpose of inspecting and investigating such emergency conditions. The city manager may without prior notice order the immediate discontinuance of any activity leading to the emergency condition. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.300 Administration.
(1) Administration.
(a) The city manager is authorized to promulgate and adopt administrative rules for the purpose of implementing and enforcing the provisions of this chapter. Adopted administrative rules shall be available to the public from the city. These include, but are not limited to, adopted design manuals, permit application requirements, checklists and other forms associated with permitting.
(b) The city manager is authorized to develop procedures for applying adopted rules and regulations during the review of permit applications for the development of land. These procedures may also be contained in adopted design manuals.
(2) Inspections. The city manager is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
(3) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or monitor for proper function of drainage facilities, or whenever the city manager has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the city manager may, subject to the provisions of this section, enter the premises at all reasonable times to inspect the same or perform any duty imposed upon the city manager by this chapter. Prior to making inspections on private property that is occupied, the city manager shall present identification and city credentials, state the purpose of the inspection, and request entry. If the property is not occupied, the city manager shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry. If, after making reasonable efforts, the city manager is unable to locate the owner, occupant or other person having charge or control of the property and the city manager has reason to believe that the condition of the property creates an imminent hazard to life, property, or the environment, the city manager may enter the property without obtaining permission. In the event that access is denied, or in the event that the city manager is unable to locate the owner, occupant or other person in charge or control of the property and the condition of the property is not an imminent hazard to life, property or the environment, the city manager may apply to a court of competent jurisdiction for a search warrant authorizing entry for purposes of carrying out the inspections provided for under this section.
(4) Access. Adequate ingress and egress shall be provided to the city manager to inspect, monitor or perform any duty imposed upon the city manager by this chapter. The city manager shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the city manager may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the city in causing such work to be done shall thereby be imposed on the person owning the subject property. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.310 Enforcement.
Any project which is subject to drainage review shall be subject to inspection. Inspections include preconstruction inspections, inspections during construction, and post-construction inspections. Additionally the city may perform inspections as needed to address an identified water quality of flow not in compliance with the requirements of this chapter. The city manager is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions in Chapter 7.88 NPMC. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.320 Liberal construction.
This chapter is enacted as an exercise of the city’s power to protect and preserve the public health, safety and welfare. Its provision shall be exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. This chapter is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. The primary obligation of compliance with this chapter is placed upon the owner of the property. Nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability for the city, department, its officers, employees or agents for any injury or damage resulting from the failure of owner of the property to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the city, department, its officers, employees or agents. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.330 Agency rules.
Any documents or manuals formally adopted by rule, which implement the policies promulgated in this chapter, are governed by the city of Normandy Park Municipal Code. In case of conflict between the municipal code, rules, policies, or procedural manuals, the municipal code shall apply. If provisions of the municipal code conflict, the stricter code shall pertain. Any inconsistencies identified will be controlled by the city of Normandy Park Municipal Code. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).
13.08.340 Exceptions and variances.
Exceptions and variances concerning this code are administered under NPMC Title 18, Zoning. Any variance from the requirements of this chapter shall comply with Section 6 of Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit. In addition to the documentation requirements set out in Appendix 1, all exceptions and variances require the following criteria be met:
(1) The proposal will not increase risk to public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, or to the quality of waters of the state.
(2) The proposed project design, scope, and scale are minimized to require the least possible exception that could be granted to comply with the intent of the requirements of this chapter. (Ord. 955 § 2 (Exh. 2), 2017; Ord. 805 § 2, 2008).