Chapter 13.17
STORMWATER MANAGEMENT
Sections:
13.17.040 Administration, approval, and inspection authority.
13.17.050 Requirements for approval of stormwater site plans.
13.17.060 General stormwater management requirements.
13.17.080 Performance deposit and agreement for site stabilization.
13.17.090 General maintenance requirements.
13.17.110 Inspection and maintenance of privately owned stormwater facilities.
13.17.120 Assumption of permitted drainage facilities by the city.
13.17.130 Assumption of existing stormwater facilities.
13.17.140 Enforcement and penalties.
13.17.160 Construction—Intent.
13.17.010 Purpose.
A. Purpose. The provisions of this chapter are intended to establish regulations for all development, redevelopment, and construction activities within the city that will, or may, impact surface water or stormwater. The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed, redeveloped, or proceed with construction activities within the city. The chapter also establishes the requirement for proper ongoing inspection, operation, and maintenance of all public and private stormwater facilities and components for both new and existing development. It is the purpose of this chapter to:
1. Protect the health, safety and welfare of the inhabitants of the city.
2. Minimize water quality impacts to surface and ground waters resulting from land development, redevelopment, and construction activities and from poor operation and maintenance practices of stormwater facilities.
3. Maintain and protect stormwater management infrastructure and downstream systems and properties.
4. Decrease stormwater-related damage to public and private property from existing and future runoff.
5. Preserve and enhance the aesthetic quality and suitability of surface waters for contact recreation, fishing, and other beneficial uses.
6. Provide minimum development regulations and construction procedures that will preserve, replace, enhance, or maintain existing vegetation and the natural qualities of lands, wetlands and water bodies to the maximum extent practicable.
7. Comply with the city’s NPDES permit. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.020 Definitions.
The terminology in this chapter shall have the meanings described as follows:
“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Washington State Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.
“City” means Poulsbo, Washington, or as indicated by the context, the public works director or other authorized representative of the governmental authority of the city of Poulsbo.
“Director” means the engineering director, public works director, or other designated staff person(s) charged with the responsibility for implementation of this chapter or any of its sections.
“Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.
“Impervious surface” means a nonvegetated surface area that 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, rooftops, 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 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.
“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.
“LID Manual” means the Low Impact Development: Technical Guidance Manual for Puget Sound, December 2012, adopted by the city for stormwater management pursuant to Chapter 12.02
“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.
“Maintenance” means repair and maintenance 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.
“Maintenance covenant” means a legally recorded binding agreement between the city of Poulsbo and the person(s) holding title to a property served by a stormwater facility whereby the property owner agrees to operate and maintain certain stormwater facilities in accordance with city standards and codes; annually inspect the stormwater facilities, perform any required maintenance, and submit a report of the inspection and maintenance to the city; grants the city the right to enter the subject property to inspect the stormwater facilities to determine that the facility is properly maintained and functioning, and to make certain repairs or perform certain maintenance procedures on the stormwater control facilities when such repairs or maintenance have not been performed by the property owner when directed to do so by the city; and agrees to reimburse the city for the cost should the city perform such repairs or maintenance.
“Maintenance plan” means a compilation of maintenance-related policies, standards, responsibilities, procedures, schedules, manuals, and practices developed by the director to implement this chapter.
“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 or installation 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.
“NPDES permit” (“National Pollutant Discharge Elimination System stormwater discharge permit”) means the permit issued by the Washington State Department of Ecology on January 17, 2007, to the city of Poulsbo that authorizes the discharge of pollutants to waters of the United States. It shall also mean any permit appendices, subsequent modifications, and new permits for subsequent permit terms issued by the Washington State Department of Ecology. Also known as “Western Washington Phase II municipal stormwater permit.”
“Off-site drainage analysis” means a study of those land areas contributing surface runoff to a development site as well as a study of the existing and predicted impacts of surface runoff from the development site on properties and drainage features that have the potential to receive stormwater from the development site.
“Operation and maintenance manual” means a written manual, prepared by a qualified civil engineer, that provides a description of operation and maintenance procedures for specific stormwater control facilities, for use by operation and maintenance personnel, which are as protective or more protective than those specified in the stormwater manual. Maintenance of manufactured BMPs shall be per the manufacturer’s recommendations.
“Owner” means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a piece of land. As used herein, owner also refers to, in the appropriate context: (1) any other person authorized to act as the agent for the owner; (2) any person who submits a stormwater management concept or design plan for approval or requests issuance of a permit, when required, authorizing land development to commence; and (3) any person responsible for complying with an approved stormwater management design plan.
“Person” means any individual, association, organization, partnership, firm, corporation, business or other entity recognized by law and acting as either the owner or as the owner’s agent.
“Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved.
“Project site” means that portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces.
“Recharge” means the replenishment of underground water reserves.
“Redevelopment” means, on a site that is already substantially developed (i.e., has thirty-five percent or more of existing hard surface coverage), 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; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.
“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.
“Stop work order” means a written notice, signed by the director and posted on the site of construction or other activity, which states that a violation of the Poulsbo Municipal Code has occurred and that all activity, except that of erosion and sediment control, must cease until further notice. The director may cause a stop work order to be issued whenever the director has reason to believe that there is a violation of the terms of this chapter. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until authorization is given by the director to proceed.
“Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage, or interflow. It is that portion of precipitation and snowmelt events that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and/or other features of a stormwater drainage system into a defined surface water body or a constructed infiltration facility.
“Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater. A system includes, but is not limited to, the city’s municipal separate storm sewer system, roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, retention and detention basins, ditches, and other drainage structures.
“Stormwater facility” means a constructed component of a stormwater drainage system designed or constructed to perform a particular function or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators and biofiltration swales. Stormwater facilities shall not include building gutters, downspouts and drains serving one single-family residence.
“Stormwater management” means the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.
“Stormwater manual” means the Stormwater Management Manual for Western Washington prepared by the Washington State Department of Ecology. The version shall be in accordance with the city’s NPDES permit and be adopted by the city for stormwater management pursuant to Chapter 12.02.
“Stormwater site plan” means a comprehensive report containing all of the technical information and analysis necessary to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements for both construction and permanent stormwater management on the site.
“Watercourse” means a depression formed by runoff moving over the surface of the earth; any natural or artificial channel through which water flows; a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically.
“Waters of the state” means lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington as defined in Chapter 90.48 RCW. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.030 Applicability.
All persons engaging in development, redevelopment, and/or construction site activities which meet the regulatory thresholds pursuant to Chapter 12.02 and the criteria set forth in this chapter shall be subject to its requirements. All public and private stormwater facilities constructed prior to the adoption of this chapter are subject to the maintenance requirements of this chapter, except that a maintenance covenant is not required. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.040 Administration, approval, and inspection authority.
A. Administrator. This chapter shall be administered, implemented and enforced by the director charged with the responsibility for implementation of this chapter or any of its sections or by his/her designee(s). The director shall have the authority to develop, adopt, establish and implement programs, policies and procedures to administer, implement, and enforce this chapter.
B. Review and Approval. The director may approve, conditionally approve, or deny any application for activities regulated by this chapter.
C. Inspection.
1. All development, redevelopment, and construction activities regulated by this chapter shall be inspected by the director in accordance with this chapter and the requirements of the NPDES permit.
2. The director shall inspect all construction sites subject to this chapter to determine that adequate temporary stormwater controls are installed and maintained properly and that all permanent stormwater controls are installed and functioning properly. Stages of work requiring inspection may include, but are not limited to: preconstruction, land disturbing activities, installation of BMPs, utilities, permanent stormwater control facilities, landscaping, and retaining walls and upon completion of project. When required by the director, special inspection and/or testing shall be performed.
3. The director is directed and authorized to develop and implement an inspection and maintenance program for both public and privately owned stormwater facilities in the city in accordance with the city’s NPDES permit. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.050 Requirements for approval of stormwater site plans.
A. Stormwater Site Plan Approval Required. Except for exempt activities as described in subsection D of this section, no regulated activity may be conducted on any site within the city unless and until the person proposing to conduct such an activity shall have applied for and obtained approval of a stormwater site plan from the director.
B. Regulated Activities. Consistent with the minimum requirements contained in the stormwater manual and any other applicable standards adopted pursuant to Chapter 12.02, the director shall approve or disapprove stormwater site plans for the following activities, unless exempted in subsection D of this section:
1. New Development.
a. Land disturbing activities;
b. Structural development, including construction, installation or expansion of an existing building or other structure;
c. Creation of impervious surfaces;
d. Class IV general forest practices that are conversions from timber land to other uses; and
e. Subdivision, short subdivision and binding site plans, as defined in Chapter 58.17 RCW.
2. Redevelopment.
a. The creation, addition, and/or replacement of hard surfaces that is not part of a routine maintenance activity;
b. Structural development including construction, installation or expansion of a building or other structure;
c. Land disturbing activities, including those associated with structural or hard surface redevelopment;
3. Incremental Development or Redevelopment. Projects that are incrementally developed or redeveloped at levels below the regulatory thresholds for land disturbance pursuant to the NPDES permit, as the same now exists or as the same may be hereafter amended or superseded, and which are not part of a larger development at the time, must address the cumulative changes in the amount and type of impervious surfaces and land disturbed once the combined increments meet or exceed minimum regulatory threshold values.
C. Additional Reviewers. The following agencies may also require a drainage review to assess a site’s impact. Any requirements imposed by these agencies are separate from the city mandates. It is the applicant’s sole responsibility to resolve any conflicting issues that may arise from submittal reviews.
1. U.S. Army Corps of Engineers;
2. Washington State Department of Natural Resources;
3. Kitsap Public Health District;
4. Washington State Department of Ecology: general permit is required for sites that disturb one acre or more;
5. Washington State Department of Fish and Wildlife;
6. Washington State Department of Transportation; and
7. Kitsap County.
D. Exemptions. The following activities are exempt from the provisions of this chapter:
1. Activities as described and detailed in Section 1 of NPDES permit Appendix 1 and subsequent permit renewals, modifications, and/or amendments.
2. Activities undertaken by the Washington State Department of Transportation (WSDOT) within state highway rights-of-way and which are regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.060 General stormwater management requirements.
A. Design, Construction and Maintenance Requirements. Stormwater management design, construction and maintenance standards, thresholds, and technical requirements are as adopted pursuant to Chapter 12.02 and the provisions of this chapter.
B. Low Impact Development. Low impact development methods shall be the preferred and commonly used approach to site development and redevelopment and shall be designed, constructed and maintained in accordance with the standards and criteria adopted pursuant to Chapter 12.02 and this chapter.
C. Prohibition of Illicit Discharges. In accordance with the city’s NPDES permit and Chapter 13.18, it is unlawful for any person to throw, drain, or otherwise discharge or cause or allow others under its control to throw, drain or otherwise discharge any materials other than stormwater into the municipal storm drain system and/or surface and ground waters of the city. Prohibited materials include, but are not limited to, pollutants or waters containing any pollutants, and those listed pursuant to Section 13.18.070, that cause or contribute to a violation of applicable water quality standards. The commencement, conduct, or continuance of any illicit discharge to the stormwater drainage system is prohibited.
D. Maintenance Covenant. Development and redevelopment projects which meet the regulatory thresholds adopted pursuant to Chapter 12.02 and which will have privately owned storm drainage facilities shall be required, as a condition of approval for development/redevelopment, to provide a maintenance covenant in accordance with Section 13.17.100. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.070 Plan submittal.
A. Affected Parties. All development and redevelopment projects meeting the regulatory thresholds adopted pursuant to Chapter 12.02 shall submit plans and analyses to the city for approval in accordance with the technical requirements of Chapter 12.02, the criteria stipulated in this section, and the policies and procedures of the director.
B. Fees and Deposits. Plan review and inspection fees and deposits shall be paid pursuant to Chapter 3.12.
C. Qualifications. All plans and analyses shall be prepared by a qualified professional engineer.
D. Required Submittals. Submittals shall include the following, along with any other additional information required by the director:
1. Stormwater Site Plan. A stormwater site plan shall be prepared in accordance with the stormwater manual adopted pursuant to Chapter 12.02.
2. Off-Site Drainage Analysis. An off-site drainage analysis identified as “optional guidance” in Volume 1 of the stormwater manual shall be mandatory and shall be prepared by a qualified professional engineer and be based on a field investigation of the development’s off-site contributing and receiving drainage areas.
3. Geotechnical Analysis. A geotechnical analysis prepared by a professional geotechnical engineer or licensed engineering geologist is required for development activities where grading or the construction of retention facilities, detention facilities, or other stormwater facilities is proposed within a critical area pursuant to Chapter 16.20, or where the director deems that the proposed construction poses a potential hazard due to its proximity to a critical area. The analysis shall address the effects of groundwater interception and infiltration, seepage, potential slip planes and changes in soil bearing strength. Analysis of additional elements may be required.
4. Hydrogeological Report. A hydrogeological report is required for development activities occurring in critical aquifer recharge areas pursuant to Chapter 16.20.
5. Soils Analysis. A soils analysis is required where the soils underlying the proposed project have not been mapped, or where existing soils maps of the project site are inconsistent, or where the director deems that existing soils maps of the project site are not of sufficient resolution to allow proper engineering analysis.
6. Operation and Maintenance Plan. An operation and maintenance plan that is consistent with this chapter and the stormwater manual shall be provided for all regulated stormwater facilities and BMPs that will be privately owned and maintained. The plan shall state that the owner of the property is responsible for the correct and continued operation and maintenance of the stormwater facilities on the property. The plan shall be in conformance with the codes, policies, and procedures required by the city, including content and format. The plan shall be provided to the city for review and approval prior to final construction approval. The approved plan shall be recorded with the Kitsap County auditor to run with the land and be included in any instrument of conveyance of the subject property. Recording costs shall be paid by the property owner. A copy of the plan shall be retained on site or within reasonable access to the site and be kept on file with the city. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.080 Performance deposit and agreement for site stabilization.
Pursuant to Chapter 15.35, all development subject to clearing and/or grading permits or development that involves soil disturbing activity to an extent that is potentially damaging to the environment or property shall be required to execute an agreement and make a cash deposit in an amount determined by the city engineer to be sufficient to guarantee the performance and maintenance of site stabilization measures. The applicant shall also execute a right-of-entry authorizing the city and its authorized representatives and contractors to enter upon the property for the purpose of: (A) inspecting the premises for compliance with the permit conditions secured by the cash deposit required herein, and (B) performing any and all work necessary to provide interim erosion control, site stabilization, and control of drainage in the event of the permit applicant’s failure to comply with the permit conditions secured by the cash deposit. The agreement and deposit shall remain in place until the city engineer has granted final acceptance of the permitted activities. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.090 General maintenance requirements.
A. Maintenance Required. Systematic, routine preventive maintenance is the goal of this chapter. Where differences occur between the maintenance standards, the most restrictive standards shall apply unless specifically determined otherwise by the director. All public and private stormwater facilities shall be operated and maintained in accordance with this chapter and the following:
1. The provisions of the stormwater manual, as adopted pursuant to Chapter 12.02, as the same now exists or as the same may be hereafter amended or superseded.
2. The provisions of the NPDES permit, as the same now exists or as the same may be hereafter amended or superseded.
3. The provisions of an operations and maintenance manual which the director is hereby authorized to establish, develop, implement, and update as necessary in order to implement this chapter and the NPDES permit.
4. The provisions of any maintenance standards established pursuant to subsection B of this section.
5. The provisions of any approved operation and maintenance plan for the facilities, as required by Section 13.17.070.
6. The provisions of the manufacturer for manufactured BMPs.
7. Where lack of maintenance is causing or contributing to a water quality reduction or violation, a hazard to public safety, endangerment of property, an adverse effect to the condition or capacity of any public or private drainage facilities, or an adverse effect to the safety and operations of city right-of-way, immediate action shall be taken by the property owner to correct the problem. Such action may include maintenance, repair, replacement, or retrofit as required by the director. Failure to maintain facilities in accordance with this chapter is subject to enforcement pursuant to Section 13.17.140.
8. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Chapter 173-304 WAC, and, where appropriate, the dangerous waste regulations, Chapter 173-303 WAC.
9. The provisions of any policies or procedures implemented by the director.
10. No person shall cause or permit any drainage system to be obstructed, filled, graded, or used for disposal of debris or any other material.
B. Establishment of Additional Maintenance Standards. Pursuant to the NPDES permit, as the same now exists or as the same may be hereafter amended or superseded, the director is hereby authorized to develop maintenance standards for facilities which do not have standards provided for in the stormwater manual.
C. Responsibility for Maintenance.
1. Determination. Prior to approval of any stormwater site plan required to be submitted under this chapter, the director shall determine whether such facilities are appropriately a part of the city-owned and maintained stormwater drainage system or whether the facilities shall remain privately owned and maintained. The conditions of approval for the site plan shall address the director’s determination and reflect the requirements of this section.
2. City-Owned Stormwater Facilities. The city shall be responsible for the inspection, operation, maintenance, repair, restoration, and replacement of all city-owned stormwater drainage systems and BMPs. Inspection frequency shall be per the NPDES permit.
3. Privately Owned Stormwater Facilities. The property owner, or facility owner, as identified by means of a proper legal document, shall inspect, operate, maintain, repair, restore, and replace, at the owner’s expense, all private stormwater drainage facilities on the property.
a. Where a privately owned stormwater drainage system is located in a private easement, the owner of the stormwater drainage system shall be responsible for obtaining all necessary rights to inspect, operate, maintain, repair, restore, and replace the same from the owners of the property on which the system is located.
b. The maintenance requirements specified in this chapter shall be enforced against the owner(s) of the subject property served by the stormwater facility pursuant to Section 13.17.140. In addition, all properties are subject to Chapter 13.18, Illicit Discharge Detection and Elimination. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.100 Maintenance covenant and compliance inspections required for privately maintained drainage facilities.
A. Maintenance Covenant Required. Development and redevelopment projects which meet the technical thresholds adopted pursuant to Chapter 12.02 and which will have privately owned storm drainage facilities shall be required, as a condition of approval for development/redevelopment, to provide a maintenance covenant and allow compliance inspections. Prior to final construction approval of the development or redevelopment project, a maintenance covenant shall be recorded on a form approved by the city attorney, which guarantees the city of Poulsbo that the stormwater facilities shall be properly operated, maintained and inspected by the property owner, and which gives the city the right of entry to enter and inspect the facility for conformance with the covenant, compliance with this chapter, and to take any necessary enforcement action pursuant to this chapter and Chapter 13.18. The restrictions set forth in such covenant shall run with the land, be included in any instrument of conveyance of the subject property and shall be recorded with the Kitsap County auditor. Recording costs shall be paid by the owner.
B. Term of Covenant. Maintenance covenants shall remain in force for the life of the development. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.110 Inspection and maintenance of privately owned stormwater facilities.
A. Purpose. The purpose of an inspection and maintenance program for privately owned stormwater facilities is to ensure that the stormwater facilities are properly inspected, operated, and maintained and that nonpoint source pollution control is being implemented.
B. Property Owner Required to Perform and Document Periodic Inspections and Maintenance. The property owner is responsible for the inspection of all components of his stormwater facilities and for documenting all inspection and maintenance activities. Inspection, maintenance, and documentation shall be in accordance with this chapter. Documentation shall be provided to the city in accordance with the policies and procedures established pursuant to Section 13.17.090.
C. Frequency.
1. Annual Inspection. Inspection of stormwater treatment and flow control facilities shall be conducted at least annually. The director may determine that more frequent inspections are required due to:
a. The type of facility involved;
b. The critical nature of the facility;
c. Unique site conditions or special circumstances affecting the property;
d. Other factors related to public or environmental protection; or
e. The manufacturer of any BMP recommends more frequent inspections.
2. Frequency Reduction. A reduction in inspection frequency from the minimum annual requirement shall be in accordance with the requirements of the NPDES permit.
D. Compliance Inspections Authorized. Whenever necessary to fulfill the requirements of an inspection program or whenever there is cause to believe that a violation of this chapter has occurred or is occurring, the director is authorized to make inspections of privately owned stormwater drainage systems within the city in order to determine compliance with this chapter. Inspections by the director do not relieve the owner of his obligations under this chapter and are not in lieu of the inspections required of the owner. Deficiencies and a time frame for correction will be documented in writing to the private facility owner. Failure to comply with the correction notice is a violation of this chapter.
E. Inspection Hours. All inspections shall be conducted during regular business hours or at other reasonable times; provided, that inspections may occur at other times in the case of an emergency or as circumstances related to any alleged violation may warrant.
F. Inspection Access to Properties with a Maintenance Covenant. Access by the director is secured without prior approval by the owner in accordance with the maintenance covenant required pursuant to Section 13.17.100.
G. Inspection Access to Properties without a Maintenance Covenant. Prior to making any inspection, the director shall present identification credentials to the owner or other person occupying or in control of the property where the stormwater drainage facilities are located, shall state the reason for the inspection, and shall request entry. Entry shall be limited as follows:
1. If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
2. If after reasonable effort, the director is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the director may enter.
3. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the director shall obtain a warrant, prior to entry, as authorized by the laws of the state of Washington.
4. The director may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (G)(3) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.120 Assumption of permitted drainage facilities by the city.
A. Determination. Pursuant to Section 13.17.090(C), the director shall determine which permitted facilities are appropriate for city ownership and maintenance.
B. Maintenance Bond or Other Security. After satisfactory completion of facilities which are determined by the director to be owned and maintained by the city, the applicant constructing the facilities shall commence a maintenance period during which the applicant shall guarantee that the facilities will remain free from defects in workmanship or materials and shall operate according to the approved design thereof. The maintenance period shall be for two years or, in the case of single-family residential plats, until eighty percent of the residences are complete, whichever is longer. A maintenance bond or other suitable security, in a form approved by the city attorney and in an amount to be determined by the director, shall be posted to guarantee such obligation for the maintenance period.
C. Assumption. The city may assume operation and maintenance responsibility for retention/detention or other stormwater drainage facilities proposed for assumption in an approved stormwater site plan after expiration of the warranty period established by subsection B of this section if the following conditions are met:
1. All of the requirements of the approved stormwater site plan have been complied with and the stormwater facility, as designed and constructed, conforms to the provisions of this chapter; and
2. All drainage facilities have been inspected and accepted by the director and have been in satisfactory operation for at least two years or, in the case of single-family residential plats, at least two years or until eighty percent of the residences are complete, whichever is longer; and
3. Immediately prior to assumption by the city the applicant has cleaned the entire facility and made corrections or repairs to the facility as directed by the director; and
4. All drainage facilities reconstructed during the maintenance period have been accepted by the director; and
5. For facilities with manufactured BMPs, an operation and maintenance manual, including a maintenance schedule, for the manufactured BMPs has been submitted to, and accepted by, the city; and
6. All necessary deeds, easements, dedications, and conveyances entitling the city to properly own and/or operate and maintain the facility have been conveyed to the city and recorded with the Kitsap County auditor; and
7. A complete and accurate set of reproducible as-built drawings has been provided to the city. A professional engineer shall certify that both the vertical and horizontal alignment meet the design objectives. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.130 Assumption of existing stormwater facilities.
A. Conditions for Assumption. The city may accept for maintenance those stormwater facilities for single-family residential plats existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:
1. Improvements have been completed on at least eighty percent of the lots; and
2. The person or persons holding title to the properties served by the stormwater facilities show proof of the correction of any defects in the drainage facilities, as required by the director; and
3. An inspection by the director has determined that the stormwater facilities are functioning as designed and the maintenance condition is satisfactory; and
4. The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director; and
5. The person or persons holding title to the properties served by the stormwater facilities submit a petition containing the signatures of the title holders of more than fifty percent of the lots served by the stormwater facilities requesting that the city own and maintain the stormwater facilities; and
6. All necessary easements or dedications entitling the city to properly access, own, and/or operate and maintain the facility have been conveyed to the city and recorded with the Kitsap County auditor. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.140 Enforcement and penalties.
A. Authorization. The director is authorized to enforce this chapter and any permit, order, or approval issued pursuant to this chapter, against any violation or threatened violation thereof.
B. Violations of This Chapter. Any activities or operations which violate the provisions of this chapter shall be, and the same hereby are declared to be, unlawful and a public nuisance and may be abated as such through the use of penalties and stop work orders, as well as any other remedies which are set forth in this chapter or other referenced chapters. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation and the damage or risk to the public or to public resources.
C. Penalties. Anyone who violates the provisions of this chapter will be subject to Chapter 1.16, General Penalty.
D. Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law or ordinance and it is within the discretion of the city to seek cumulative remedies. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)
13.17.160 Construction—Intent.
This chapter is enacted as an exercise of the city’s power to protect and preserve public health, safety, and welfare. Its provisions 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 person holding title to 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, its officers, employees or agents for any injury or damage resulting from the failure of the person holding title to the property (owner of record) to comply with the provisions of this chapter, or by reason or in consequence of any act or omission, to act in connection with the implementation or enforcement of this chapter by the city, its officers, employees, or agents. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-01 § 1 (part), 2010)