Chapter 12.10
STORM AND SURFACE WATER UTILITY CODE – GENERAL PROVISIONS
Sections:
12.10.030 Territorial application.
12.10.060 Authority of the utility.
12.10.070 Comprehensive drainage plan.
12.10.075 Studies and basin plans.
12.10.100 Connections or modifications to the drainage system.
12.10.120 Permits – Approvals.
12.10.150 Latecomer agreements.
12.10.160 Drainage easement requirements.
12.10.010 Title.
This chapter shall be known as the storm and surface water utility code and shall be referred to herein as the “code.” (Ord. 1085 § 2, 1997).
12.10.020 Purpose.
The purpose of this code is to provide for the planning, design, construction, use, maintenance, repair and inspection of the storm and surface water system; to establish programs and regulations to assure the quality of the water in such system and to minimize the chance of flooding; and to provide for the enforcement of the provisions of this code. This code supplements other city ordinances and regulations regarding protection of the storm and surface water system, including but not limited to the critical land and zoning code regulations of the city of Oak Harbor. (Ord. 1085 § 3, 1997).
12.10.025 Definitions.
(1) “Administrator” means the local government official(s) authorized to make decisions in regard to adjustments and exceptions/variances.
(2) “American Public Works Association” or “APWA” means the Washington State chapter of the American Public Works Association.
(3) “Approval” means the proposed work or completed work conforms to this chapter in the opinion of the director.
(4) “Arterial” means a road or street primarily for through traffic. A major arterial connects an interstate highway to cities and counties. A minor arterial connects major arterials to collectors. A collector connects an arterial to a neighborhood. A collector is not an arterial. A local access road connects individual homes to a collector.
(5) “As-graded” means the extent of surface conditions on completion of grading.
(6) “Basin plan” means a plan that assesses, evaluates, and proposes solutions to existing and potential future impacts to the beneficial uses of, and the physical, chemical, and biological properties of waters of the state within a basin. Basins typically range in size from one to 50 square miles.
(a) A plan should include but not be limited to recommendations for:
(i) Storm water requirements for new development and redevelopment;
(ii) Capital improvement projects;
(iii) Land use management through identification and protection of critical areas, comprehensive land use and transportation plans, zoning regulations, site development standards, and conservation areas;
(iv) Source control activities including public education and involvement, and business programs;
(v) Other targeted storm water programs and activities, such as maintenance, inspections and enforcement;
(vi) Monitoring; and
(vii) An implementation schedule and funding strategy.
(b) A plan that is “adopted and implemented” must have the following characteristics:
(i) It must be adopted by legislative or regulatory action of jurisdictions with responsibilities under the plan;
(ii) Ordinances, regulations, programs, and procedures recommended by the plan should be in effect or on schedule to be in effect; and
(iii) An implementation schedule and funding strategy that are in progress.
(7) “Bedrock” means the more or less solid rock in place either on or beneath the surface of the earth. It may be soft, medium, or hard and have a smooth or irregular surface.
(8) “Bench” means a relatively level step excavated into earth material on which fill is to be placed.
(9) “Best management practice” or “BMP” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.
(10) “Billing year” means the calendar year that bills are sent.
(11) “City” means the city of Oak Harbor.
(12) “Civil engineer” means a professional engineer licensed in the state of Washington in civil engineering.
(13) “Civil engineering” means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
(14) “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 State Department of Ecology (see BMP C160 of Volume II). 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 storm water and the effectiveness of erosion and sediment control measures used to control the quality of storm water discharges. Certification is obtained through an Ecology approved erosion and sediment control class. Course listings are provided online at Ecology’s website.
(15) “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.
(16) “Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.
(17) “Compaction” means the densification, settlement, or packing of soil in such a way that permeability of the soil is reduced. Compaction effectively shifts the performance of a hydrologic group to a lower permeability hydrologic group. For example, a group B hydrologic soil can be compacted and be effectively converted to a group C hydrologic soil in the way it performs in regard to runoff. Compaction may also refer to the densification of a fill by mechanical means.
(18) “Condominium” means the ownership of single units or apartments in a building containing two or more units or two or more buildings each containing one or more units with common areas and facilities as provided in Chapter 64.32 RCW and permitted pursuant to OHMC 21.80.025.
(19) “Critical areas” means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems.
(20) “Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)
(21) “Detention” means the release of storm water runoff from the site at a slower rate than it is collected by the storm water facility system, the difference being held in temporary storage.
(22) “Detention facility” means an above or below ground facility, such as a pond or tank, that temporarily stores storm water runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored storm water.
(23) “Developed parcel” means any parcel altered from the natural state by the construction, creation, or addition of hard surfaces.
(24) “Drainage basin” means a geographic and hydrologic subunit of a watershed.
(25) “Drainage service charge” and “storm water system service charge” means the fee imposed by the city upon all parcels of real property, except exempted properties, located within the boundaries of the city.
(26) “Earth material” means any rock, natural soil or fill and/or any combination thereof. Earth material shall not be considered topsoil used for landscape purposes. Topsoil used for landscaped purposes shall comply with ASTM D 5268 specifications. Engineered soil/landscape systems are also defined independently.
(27) “Ecology” means the Washington State Department of Ecology.
(28) “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:
(a) 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;
(b) Residential roof runoff is infiltrated in accordance with Downspout Full Infiltration Systems in BMP 5.10A Volume III; or
(c) Approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated.
(29) “Engineering geologist” means a geologist experienced and knowledgeable in engineering geology.
(30) “Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
(31) “Environmentally sensitive areas” means parcels identified pursuant to Chapter 20.12 OHMC and parcels with trees protected under Chapter 20.16 OHMC.
(32) “Equivalent residential unit (ERU)” means a configuration of development or hard surfaces estimated to contribute an amount of runoff to the city’s storm water drainage system which is approximately equal to that created by the average single-family residential parcel. One ERU is equal to 3,300 square feet of impervious surface area or any portion thereof.
(33) “Erosion” means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are considered ineffective if:
(a) 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;
(b) Residential roof runoff is infiltrated in accordance with Downspout Full Infiltration Systems in BMP 5.10A Volume III; or
(c) Approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated.
(34) “Excavation” means the mechanical removal of earth material.
(35) “Existing site conditions” means:
(a) For developed sites with storm water facilities that have been constructed to meet the standards in the minimum requirements of this chapter, “existing site conditions” shall mean the existing conditions on the site.
(b) For developed sites that do not have storm water facilities that meet the minimum requirements, “existing site conditions” shall mean the conditions that existed prior to local government adoption of a storm water management program. If in question, the existing site conditions shall be documented by aerial photograph records or other appropriate means.
(36) “Experimental BMP” means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.
(37) “Fill” means a deposit of earth material placed by artificial means.
(38) “Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber including, but not limited to:
(a) Road and trail construction;
(b) Harvesting, final and intermediate;
(c) Precommercial thinning;
(d) Reforestation;
(e) Fertilization;
(f) Prevention and suppression of diseases and insects;
(g) Salvage of trees;
(h) Brush control.
(39) “Frequently flooded areas” means the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program or as defined by the local government.
(40) “Full stabilization” means concrete or asphalt paving; quarry spalls used as ditch lining; or the use of rolled erosion products, a bonded fiber matrix product, or vegetative cover in a manner that will fully prevent soil erosion.
(41) “Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns.
(42) “Grade” means the slope of a road, channel, or natural ground. The finished surface of a canal bed, road bed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit.
(a) “Existing grade” means the grade prior to grading.
(b) “Rough grade” means the stage at which the grade approximately conforms to the approved plan.
(c) “Finish grade” means the final grade of the site which conforms to the approved plan.
(43) “Gradient terrace” means an earth embankment or a ridge and channel constructed with suitable spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff and conducting it to a stable outlet at a stable nonerosive velocity.
(44) To “grade” means to finish the surface of a canal bed, road bed, top of embankment or bottom of excavation.
(45) “Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.
(46) “Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.
(47) “Highway” means a main public road connecting towns and cities.
(48) “Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation.
(49) “Impervious surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which 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, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the 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.
(50) “Illicit discharge” means all non-storm-water discharges to storm water drainage systems that cause or contribute to a violation of state water quality, sediment quality or ground water quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and graywater systems.
(51) “Interflow” means that portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, for example, in a wetland, spring or seep. Interflow is a function of the soil system depth, permeability, and water-holding capacity.
(52) “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. Storm water facility maintenance is not considered land-disturbing activity if conducted according to established standards and procedures.
(53) “Large parcel erosion and sediment control plan” or “large parcel ESC plan” means a plan to implement BMPs to control pollution generated during land-disturbing activity.
(54) “Low impact development” means a storm water and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed storm water management practices that are integrated into a project design.
(55) “Maintenance” means activities or repairs conducted on currently serviceable structures, facilities, and equipment that involves 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.
(56) “Mitigation” means, in the following order of preference:
(a) Avoiding the impact altogether by not taking a certain action or part of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and
(e) Compensation for the impact by replacing, enhancing, or providing substitute resources or environments.
(57) “NPDES” means the National Pollutant Discharge Elimination System under the federal Clean Water Act, the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of the federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and in Washington State are administered by the Department of Ecology.
(58) “NPDES Phase II municipal storm water permit” means the permit issued by the Department of Ecology pursuant to the federal Clean Water Act whose requirements are applicable to the city.
(59) “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.
(60) “Natural location” means the location of those channels, swales, and other nonmanmade 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. In the case of outwash soils with relatively flat terrain, no natural location of surface discharge may exist.
(61) “New development” means the following activities: land-disturbing activities, including class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision and short subdivision of land and binding site plans as defined in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall be considered new development.
(62) “Non-single-family residential properties or parcels” means properties or parcels which contain two or more residential dwelling units and institutional, commercial or industrial properties.
(63) “Parcel” means the smallest separately segregated unit or plot of land having an identified owner(s), boundaries, and area as defined by the Island County assessor and recorded in the Island County assessor real property file or in the Island County assessor maps.
(64) “Permanent storm water control (PSC) plan” means a plan which includes permanent BMPs for the control of pollution from storm water runoff after construction and/or land-disturbing activity has been completed.
(65) “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.
(66) “Pollution” means contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including 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 state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(67) “Pollution-generating impervious surface (PGIS)” means those impervious surfaces considered to be a significant source of pollutants in storm water runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the glossary); 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 dusts, mists, or fumes from manufacturing, commercial, or other indoor activities.
(68) “Pollution-generating pervious surfaces (PGPS)” means any nonimpervious surface subject to vehicular use, industrial activities (as further defined in this glossary); or storage of erodible or leachable materials, wastes or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers, or loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns and landscaped areas including: golf courses, parks, cemeteries, and sports fields (natural and artificial turf).
(69) “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.
(70) “Project site” means that portion of a property, properties, or right-of-way subject to land-disturbing activities, new hard surfaces, or replaced hard surfaces.
(71) “Property owner of record” shall be the person or persons recorded by the Island County assessor to be the owner(s) of property and to whom property tax statements are directed.
(72) “Public benefit nonprofit corporation” means a corporation that complies with the provisions of the Washington Nonprofit Corporation Act, Chapter 24.03 RCW, and that holds a current tax exempt status as provided under 26 USC 501(c)(3) or is not required to apply for its tax exempt status under 26 USC 501(c)(3) as defined in RCW 24.03.490. No property may be designated as a public benefit nonprofit corporation until proof of public benefit nonprofit corporation status pursuant to RCW 24.03.490 is filed with the administrator.
(73) “Rate category” means the classification of properties, based upon the estimated percentage of impervious surface on the parcel, for purposes of establishing drainage service charges.
(74) “Redevelopment” means, on an already substantially developed (i.e., has 35 percent or more of existing hard surface coverage) site, the creation or addition of hard 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.
(75) “Regional retention/detention system” means a storm water quantity control structure designed to correct existing excess surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain storm water runoff from a number of new developments or areas within a catchment.
(76) “Replaced hard surface” means, for structures, the removal and replacement of hard surfaces down to foundation. For other hard surfaces, the removal down to bare soil or base course and replacement.
(77) “Residence” means a building or structure, or portion thereof, designed to be used as a place of abode for human beings and not used for any other purpose. The term “residence” includes the terms “residential,” “residential unit,” and “dwelling unit” as referring to the type or intended use of a building or structure.
(78) “Retention/detention facility (R/D)” means a type of drainage facility 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 surface and storm water runoff for a short period of time and then release it to the surface and storm water management system.
(79) “Single-family residential property or parcel” means any property or parcel which contains one residential dwelling unit.
(80) “Site” means the area defined by the legal boundaries of a 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.
(81) “Slope” means the degree of deviation of a surface from the horizontal, measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope.
(82) “Small parcel erosion and sediment control plan” or “small parcel ESC plan” means a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment. Guidance for preparing a small parcel ESC plan is contained in the manual.
(83) “Soil” means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
(84) “Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with storm water through physical separation of areas or careful management of activities that are sources of pollutants. This manual separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering storm water. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering storm water.
(85) “Storm water” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a storm water drainage system into a defined surface water body, or a constructed infiltration facility.
(86) “Storm water drainage system” means the entire system of flood protection and storm and surface water drainage facilities owned or leased by the city or over which the city has right of use for the movement and control of storm and surface water runoff, including both naturally occurring and manmade facilities. The definition also includes the conveyance or storage of storm and surface waters that flow through, under, or over lands, land forms, watercourses, sloughs, streams, ponds, rivers, lakes and wetlands, beginning at a point where storm or surface waters enter the city system and ending at a point where such storm or surface waters exit from the city’s storm and surface water system, and in width to the full extent of inundation caused by storm or flood conditions.
Throughout this chapter, the term “drainage facilities” is used to refer to the storm and surface water drainage facilities.
(87) “Storm water facility” means a constructed component of a storm water drainage system, designed or constructed to perform a particular function, or multiple functions. Storm water facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales.
(88) “Stormwater Management Manual” or “manual” means the Washington State Department of Ecology 2012 Stormwater Management Manual for Western Washington, as amended in December 2014.
(89) “Storm water site plan” means the comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed new development or redevelopment project for compliance with storm water requirements. Contents of the storm water site plan will vary with the type and size of the project, and individual site characteristics. It includes a construction storm water pollution prevention plan (construction SWPPP) and a permanent storm water control plan (PSC plan). Guidance on preparing a storm water site plan is contained in Chapter 3 of Volume I.
(90) “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 flowpath).
(91) “Toe of slope” means a point or line of slope in an excavation or cut where the lower surface changes to horizontal or meets the existing ground slope.
(92) “Top of slope” means a point or line on the upper surface of a slope where it changes to horizontal or meets the original surface.
(93) “Treatment BMP” means a BMP that is intended to remove pollutants from storm water. A few examples of treatment BMPs are wetponds, oil/water separators, biofiltration swales and constructed wetlands.
(94) “Undeveloped parcel” means any parcel which has not been altered from its natural state by the construction, creation or addition of any hard surfaces.
(95) “Unstable slopes” means those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit mass movement of earth.
(96) “Utility” means the city of Oak Harbor storm water drainage system utility. In this title the term “storm water” is often used to refer to both storm and surface water.
(97) “Water body” means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.
(98) “Watershed” means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the state of Washington water resource inventory areas (WRIAs) as defined in Chapter 173-500 WAC.
(99) “Wetlands” means those areas that are inundated or saturated by surface or ground water 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 wetlands.
(100) “Vegetation” means all organic plant life growing on the surface of the earth. (Ord. 1784 § 3, 2016).
12.10.030 Territorial application.
This code shall be in effect throughout the utility service area, which coincides with the area within the Oak Harbor city limits as now or hereafter configured. (Ord. 1085 § 4, 1997).
12.10.060 Authority of the utility.
The utility, by and through its administrator, shall have the authority to:
(1) Develop, adopt and carry out procedures as needed to implement this code and to carry out other responsibilities of the utility, including, but not limited to, procedures pertaining to the billing and collection of monthly drainage charges and procedures for periodic adjustment of fees and charges imposed pursuant to this code.
(2) Prepare and update as needed engineering standards to establish minimum requirements for the design and construction of drainage facilities and requirements for protecting existing facilities during construction. The engineering standards shall be consistent with this code and adopted city policies.
(3) Administer and enforce this code and all procedures relating to the planning, acquisition, design, construction and inspection of new storm and surface water facilities and relating to the regulation of storm and surface water system alterations.
(4) Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of owners constructing facilities (latecomer agreements) and agreements with private property owners for the extension of the drainage system (system extension agreements).
(5) Prepare, update, administer and enforce as needed maintenance standards to establish minimum requirements for the maintenance of drainage facilities so they function as intended, protect water quality and provide flood control.
(6) Develop and implement a program that includes administration, inspection and enforcement of private drainage facilities to ensure continued compliance of drainage facilities with this code.
(7) Advise the city council, city supervisor and other city departments and commissions on matters relating to the utility.
(8) Prepare, revise as needed, recommend and implement a comprehensive drainage plan for adoption by the city council. Prepare basin plans and other studies that are approved in the utility’s adopted budget.
(9) Administer the special flood hazard area provisions of this code.
(10) Develop a storm water management program, as required by the state for review and adoption by the city council.
(11) Establish and implement programs to protect and maintain water quality and to manage storm water runoff within the storm and surface water system in order to maintain compliance to the maximum extent possible with applicable water quality standards established by state and/or federal agencies as now or hereafter adopted.
(12) Perform or direct the performance of financial review and analysis of the utility’s revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates and financial policy for adoption by the city council.
(13) Carry out such other responsibilities as required by this code or other city codes, ordinances or regulations consistent with the Oak Harbor comprehensive plan.
(14) Conduct public education programs related to protection and enhancement of the drainage system. (Ord. 1085 § 5, 1997).
12.10.070 Comprehensive drainage plan.
A comprehensive drainage plan shall be developed by the utility for review and adoption by the city council. The utility shall recommend supplements or updated plans for adoption by the city council, as needed. (Ord. 1085 § 6, 1997).
12.10.075 Studies and basin plans.
The utility shall conduct studies and shall develop basin plans for review and adoption by the city council. Basin plans shall be developed according to engineering standards. Once a basin plan has been adopted and implemented, such plan shall supersede the requirements of this code; provided, that the basin plan and basin-specific requirements provide an equal or greater level of water quality and runoff control protection. (Ord. 1085 § 7, 1997).
12.10.080 Emergency plan.
The utility will prepare and update an emergency plan, as required by state law, as part of the city’s emergency operation plan, for review and adoption by the city council. (Ord. 1085 § 8, 1997).
12.10.100 Connections or modifications to the drainage system.
Connections or modifications to the public drainage system or to a private drainage system, including, but not limited to, modifying drainage patterns or constructing or relocating facilities for the treatment, detention, or conveyance of drainage, shall be allowed only if:
(1) Approval has been received from the utility pursuant to Chapters 12.20 and 12.30 OHMC; and
(2) All applicable requirements of this code and utility procedures have been met; and
(3) All applicable engineering standards have been met or alternative standards have been approved by the utility as substantially equal; and
(4) The property owner has paid all applicable fees and charges. (Ord. 1085 § 9, 1997).
12.10.115 Facility ownership.
(1) The utility owns all elements of the storm drainage system in public right-of-way and in easements or tracts dedicated to and accepted by the utility, except to the extent private ownership and/or maintenance responsibility is indicated as a matter of record.
(2) The utility may accept ownership (or other property rights) and responsibility for privately built drainage facilities when all of the following conditions are met:
(a) Ownership of the facility by the utility would provide a public benefit; and
(b) Necessary and appropriate property rights are offered by the property owner at no cost; and
(c) The facility substantially meets current standards, as determined by the utility, or is brought up to current standards by the owner; and
(d) There is access for utility maintenance in accordance with criteria provided in the engineering standards; and
(e) The utility has adequate resources to maintain the facility; and
(f) In the case of detention facilities, the facility serves a residential subdivision or short plat (rather than a single commercial property); and
(g) The facility is transferred to the utility by bill of sale at no cost to the city. (Ord. 1784 § 4, 2016; Ord. 1085 § 10, 1997).
12.10.120 Permits – Approvals.
(1) General.
(a) The utility shall administratively determine submittal requirements for the various utility permits/approvals. Within 28 days of submittal, the administrator shall determine whether the application is complete. Procedures under Chapter 18.20 OHMC shall apply in processing these permits.
(b) When a drainage connection permit or drainage system extension agreement is required, it shall require the property owner to build all the drainage facilities needed to serve the property including, but not limited to, conveyance systems, runoff treatment best management practices, detention facilities and other system components.
(c) When a drainage connection permit or drainage system extension agreement is required to provide drainage facilities for a proposed building, the utility will not sign off on the building permit until the drainage connection permit has been issued or the drainage system extension agreement has been initiated. When a drainage connection permit or drainage system extension agreement is required to relocate a drainage facility from under a proposed building, the utility will not sign off on the building permit until the replacement drainage work has been completed and accepted by the utility, unless the building permit is conditioned to require relocation prior to site construction.
(2) Drainage Connection Permit.
(a) A drainage connection permit is required to construct drainage facilities and/or to make any additions, repairs or connections to an existing drainage facility, unless a drainage system extension agreement is required pursuant to OHMC 12.10.120(3)(a) or unless connection of a single-family residence to an existing stub is covered under a clearing and grading permit.
(b) A drainage connection permit application must be made by the property owner or his/her city-licensed and bonded contractor.
(c) Drainage connection permits for lots in subdivisions and short plats will be issued only after the drainage extension, if one is required, is accepted by the city.
(d) Drainage connection permits expire 12 months from the date of issuance.
(3) Drainage System Extension Agreement.
(a) The property owner and the utility shall enter into a drainage system extension agreement whenever new development or redevelopment involves any of the following:
(i) More than 400 feet of conveyance pipe; or
(ii) More than two catchbasins or manholes; or
(iii) Detention or other runoff control facilities; or
(iv) Runoff treatment facilities, other than spill control structures; or
(v) Work in an open drainage channel; or
(vi) Work in the public drainage system or within the right-of-way except for lateral connections to the public drainage system covered under a drainage connection permit or a clearing and grading permit.
(b) The utility will accept constructed facilities as complete once the facilities have been built according to the approved plans and specifications, as confirmed by utility inspectors, as-built drawings have been completed as specified in the engineering standards, and all applicable fees and charges have been paid.
(c) The property owner shall be required to provide surety devices, in a form approved by the city, for drainage system extensions during construction and for a one-year warranty period following acceptance.
(4) Other Permits. It is the applicant’s responsibility to identify and obtain all permits/approvals required for any proposed work, such as any approvals required by the Washington State Department of Fish and Wildlife, the Washington State Department of Ecology and the Army Corps of Engineers. (Ord. 1085 § 11, 1997).
12.10.150 Latecomer agreements.
The utility may enter into any contracts authorized under Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of property owners constructing public facilities, commonly known as latecomer agreements. The procedures for entering into storm water latecomer agreements shall be as described in Chapter 18.35 OHMC. (Ord. 1699 § 1, 2014; Ord. 1085 § 12, 1997).
12.10.160 Drainage easement requirements.
(1) When Required. An easement is required whenever a private drainage facility will be built on property owned by a different private party and whenever a private drainage facility will serve two or more properties that are not in common ownership or that will no longer be in common ownership following the sale of lots in a subdivision. In addition, public drainage facilities, including any drainage facilities that will be publicly maintained, shall be located in public right-of-way or drainage easements or tracts deeded to the utility.
(2) Requirements. All of the following requirements shall be met before the utility will accept and approve any easement:
(a) Clear title in the grantor shall be demonstrated; and
(b) The proposed easement shall be compatible with utility clearance standards and setback standards and with other utilities or easements; and
(c) The easement shall provide for access to the facility for repair and maintenance. When deemed necessary by the utility, the easement shall contain provisions for long-term maintenance; and
(d) The easement shall prohibit all structures within the easement except those which can readily be removed by the structure’s owner at the owner’s expense when access to the drainage facility is required by the utility. If such structures are within the easement area, an agreement to remove the structures on request by the utility, approved by the city, shall be recorded; and
(e) The easement dimensions and other requirements shall conform with the engineering standards.
(3) Costs. The property owner shall pay all costs of providing or obtaining and recording the easement.
(4) Relinquishment of Easement. An easement granted to the utility may be relinquished only if the utility determines it is no longer needed and the city council authorizes the relinquishment. (Ord. 1085 § 13, 1997).