HomeMy WebLinkAbout3367•
ORDINANCE NO. 'i6 7
AN ORDINANCE of the City of Port Angeles, Washington, revising and
adding sections of the Port Angeles Municipal Code relating to
Stormwater Utility and Regulations for compliance with the City's
Phase II NPDES stormwater permit.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Sections of Ordinance 2394, as amended, and sections of Chapter 13.61
of the Port Angeles Municipal Code are hereby amended to read as follows:
13.61.010 Purpose. The purpose of this Chapter is to establish fees for service by, and
general rules and regulations for the service and extension of service from, the sewer and -storm
systems of the City of Port Angeles, and to promote the public health, safety, and general welfare
of the users of the sewer system, in accordance with standards established by the City, County,
State and Federal governments.
13.61.040 Unlawful Acts Defined.
A. Any person causing damage to any property belonging to the Department shall
be liable to the Department for any and all damages resulting either directly or indirectly
therefrom.
B. It shall be unlawful for any person to willfully disturb, break, deface, damage or
trespass upon any property belonging to or connected with the sewer and-storm systems of the
City of Port Angeles, in any manner whatsoever.
C. It shall be unlawful for any person to place, deposit, or permit to be deposited in
any unsanitary manner on public or private property within the City of Port Angeles, or in any
area under the jurisdiction of said City, any human or animal excrement, garbage or other
unsanitary waste.
D. It shall be unlawful to discharge to any natural outlet within the City of Port
Angeles, or in any area under the jurisdiction of said City, any sewage or other polluted matter,
except where suitable treatment has been provided in accordance with Chapter 13.06 PAMC.
13.61.060 Administration.
A. The Director and the Director of Finance Director
may make such administrative determinations for the proper operation of this Chapter as are not
inconsistent with its provisions.
-1-
•
•
B. The Director shall promulgate and enforce such customer service policies and
related additional rules, as may be deemed necessary from time to time to encourage and
facilitate the proper use of sewer and-storm-facilities, and as may be adopted by City Council
resolution.
13.61.100 Permit Required.
A. It is unlawful for any person to connect, or cause to be connected, repair, alter or
cap, a building or structure sewer m-stomrldrairr to any public sewer or public- mteri ii1,
without first obtaining a permit for such activity from the City of Port Angeles.
B. It is unlawful for any person to uncover, make any connection to or opening into,
use, alter, or disturb, or cause any of these activities to occur concerning, any public or private
sewer or appurtenance, without first obtaining a permit for such activity from the
City of Port Angeles.
13.61.130 Temporary Permit. The Director may, upon receiving an application
containing such information as is required by him, issue a permit for a temporary connection to
a combined sewer, sanitary sewer, or side sewer, storm drain, of natural outlet, and may include
as a condition to the issuance of a permit a requirement to connect to another combined sewer,
sanitary sewer, or side sewer, storm drain, or natural outict at some later date. Said permit may
be revoked by the Director at any time upon sixty (60) days notice posted upon the premises and
directed to the owner or occupant of the premises. In the event the said side sewer or drains are
not disconnected or reconstructed as required at the expiration of said sixty (60) days, the
Director may disconnect the same and reconstruct it as he deems necessary and charge the cost
plus 15% thereof to the owner or occupant. Such cost plus 15% shall be immediately payable
to the City Treasurer following a written notice of the amount thereof given to such owner or
occupant and shall be a lien against the property. Such temporary permit shall be issued only
upon the applicant recording with the County Auditor an instrument to the Director in which the
owner agrees to reconstruct the side sewer if required to do so and to save the City of Port
Angeles harmless from all damage resulting to the City by reason of such temporary connection
or disconnection, and exhibits to the Director the recording number of said instrument.
13.61.140 Performance of Permitted Work.
A. Any sewer or connection authorized pursuant to the terms of this
Chapter shall be done in accordance with the terms and conditions of the issued permit.
B. Prior to the backfilling of any sewer connection, the owner or
contractor shall notify the City of Port Angeles of the completion of such work, giving 48 hours
notice, and shall request an inspection. Backfilling may occur only after such inspection has
occurred.
C. The owner and/or contractor is responsible for the protection of all persons and
property from injury or damage as a result of the excavation or other work conducted in making
such sewer or stoi1n dram connection.
- 2 -
•
•
13.61.170 Inoperative or Inadequate Sewer Service. Where it is determined by the
Director or the Health Officer that a side sewer, drain, ditch -or natural watcrcoursc or
appurtenance thereof is obstructed, broken, inoperative or inadequate or is a significant threat
to the public health, safety or welfare, or to public or private property, the Director shall give
notice to the owner, agent or occupant of the property in which such condition exists requiring
the condition to be corrected within a specified time. If the owner, agent or occupant shall refuse
to maintain, reconstruct, relay, reconnect, repair, or remove the obstruction of, said side sewer
drain, ditch, or natural watcrcoursc within the time specified in such notice, the Director shall
perform such work as may be necessary to comply with this Chapter. The cost of such work
done plus 15% shall be charged to the property owner or occupant and shall become immediately
payable to the City Treasurer upon written notice of such amount being given to the property
owner or occupant or posted upon said premises and shall become a lien against the property.
Section 2. Ordinance 2394, as amended, and Chapter 13.63 of the Port Angeles
Municipal Code are hereby amended to read as follows:
Chaptcr 13 63
s.
urpos
oim- atci llischargc Plot 1'crmrttcd.
ctre t,prove et vutrct.
13. .USU Storm Watcr (;onnection Not 1'crrrutt
13.63.060 Stormwatcr Utility Established.
Jurisdiction.
Oliciation and Managcrnent.
Tiansfcr of Property.
Monthly Chargc.
atc Adjustment.
13.63.090
13.63.100
,ng
cmeares.
nspcctions - Kight of lintry geney.
ry ystern.
13.63.010 Purpose. The purpose of this Chaptcris to cstablish a storm and surfacc water
- 3 -
•
•
2. decrease drainage - related damage to public and privatc property;
3. maintain safe City strccts and rights -of -way;
4. niniimiLc —wato quality dcgradatiun -and coiitral -of cdimcntation of
creeks, streams, ponds,
ci W aL�i uuun. ,
5. prestrve- and-Cnirauce the aesthetic quality of waters;
is ri- urnote sound acvetopm�
and preserve the City's watercourses; an
C. Providc public education, outrcach, participation, and involvement in the
pro tcction of water quality.
pr�,eedtrn s, wnren r�spe
Department of Public Works and Utilitics in accordance with standards cstablishcd by the
•111111 11 . :11 • 1
• 1.:
D.
"Impervious arca" mcans any part of any parccl of land that has been modified
i . :.
. • .1 •
. • . . • • . . . •
includes arcas which havc bccn cicarcd, gradcd, pavcd or compacted. Excludcd, howcvcr, arc
all vcgctatcd arcas such as lawns, agricultural arcas, and landscaped arcas.
C. "Single - family and duplex property" mcans all property used for singlc family
and duplcx residential uses. (Ord. 3151 §1 (part), 11/28/2003)
c arscnargca any storm water, surracc water, ground - water, root rtn stmsu aee- drainage,
appropriatc factors. (Ord. 3151 §1 (part), 11/28/2003; Ord. 2394 Ch. IV §1, 6/2/1986)
(part), 11/28/2003; Ord.
0 f
nnection Alo
a
01,
wnspouts, exterior tounaation drains,
alternatives or other appropriate factors.
D. Storm drainag., fruiii hard- snrfaccd or graded arcas, such as parking lots, service
- 4 -
•
Such storm drainage shall not bc connected to or enter a sanitary scwcr, unlcss otherwise
factors. (Ord. 3151 §1 (part), 11/28/2003; Ord. 2394 Ch. IV §3, 6/2/1986)
35.67 RCW for managing, regulating, and controlling thc City's storinwatcr management
program. (Ord. 3151 §1 (part), 11/28/2003)
13.63.070 Jurisdiction. Thc City shall havejttrisdiction ovcr all storm and surface water
storm and surface watcrfacilitics without-the-pier approval of tlic City. (Ord. 3151 §1 (part),
11/28/2003)
A. Thc stormwater utility shall bc managed and operated in accordancc with.
1 the Stormwatcr Management Plan prepared by Economic and IJtigmecnng
2. applicable sections of the City's Urban Scrviccs Standards and Guidelines.
(Ord. 3151 § 1 (part),
13.63.090 Transfcr of Property. All equipment, properties, and property rights and
or surface watcr sewage, arc hereby transfcrrcd to the stormwater utility. This includes by way
y the largest storni or flood condition (Ord 3151 §1 (part), 11/28/2003)
13.63.100 Monthly Chargc.
A. Effective January 1, 2008, thc owners of all real property in thc City containing
colon.
ror ca. n snngtc- tainiiy ana ctuptca resnaentnat prupe y shall be C,.UU.
C. The monthly stormwater utility charge for all commercial /multiple property shall
-5-
•
•
... 1 • . p .. • • VII' - - - . •• • - - •
laving their own PJl'll15S permitted storm and surtacc water runotf taciiiti
pan),
J
in
I, Pe nrs ire inlyervn,tts rtaees ai rt the piaperty
• • . • • • • • • • . . • 11
aa�ustmcnt is rcquestca ana for tnc prier yeas.
D. Any person aggrieved by a decision of the Director of Public Works and Utilities
The City Manager's dLei-srarrshall-Jcnal. (Ord. 3151 §1 (part), 11/28/2003)
ilhmg and Payment. Stormwatci
Y nY
•• • .. • ••• - • • • ••1
clinqucnt property taxes. (Ord. 3151 § 1 (part),
.vs. i su xemcaics.
Licn for delinquent chargcs - Intcr t. Pursuant to RCW 35.67.200 ct scq. the
,u Vidcd l,y -b ah taw. lntcres
- 6 -
•
cnforcing and collccting dclinqucnt and unpaid storrnwatcr chargcs. (Ord. 3151 §1 (part),
11/28/2003)
• • • .
• . . • . .
•
recoursc to evcry icmcdy providcd by law to sccurc cntry. PJotwithstandmg t
oregoing;
public hcalth or safcty, the City is authrizcd to entcr at all reasonablc timcs in or upon any
cmcrgcncy condition. (Ord. 3151 §1 (part), 11/28/2003)
Chapter 13.63
STORMWATER — UTILITY AND REGULATIONS
Sections:
13.63.010 Purpose.
13.63.020 Incorporated by Reference.
13.63.030 Applicability.
13.63.040 Definitions.
13.63.050 Stormwater Utility Established.
13.63.060 Jurisdiction.
13.63.070 Operation and Management.
13.63.080 Transfer of Property.
13.63.090 Monthly Charge.
13.63.100 Rate Adjustment.
13.63.110 Billing and Payment.
13.63.120 Remedies for Failure to Pay Stormwater Service Fees.
13.63.130 Non - Stormwater, Illegal Discharges and Dumping Prohibited.
13.63.140 Illicit Connections and Uses.
13.63.150 Stormwater Discharge Into Sanitary Sewer System Prohibited.
13.63.160 Unpolluted Stormwater Discharge Shall Have Approved Outlet.
13.63.170 Review b De . artment of Communit and Economic Develo. ment.
13.63.180
13.63.190
13.63.200
13.63.210
13.63.220
13.63.230
13.63.240
13.63.250
13.63.260
Stormwater Discharge Permits.
Stormwater Design and Construction Requirements.
Professional Engineer - When Required.
Off -site Analysis.
Geotechnical Analysis.
Soils Analysis.
Permit Modifications.
Erosion and Sedimentation Control.
Pro . e Owner Res . onsible for Stormwater S
stem Maintenance.
- 7 -
•
•
13.63.270 Maintenance Covenant Required for Privately Maintained Drainage
Facilities.
13.63.280 City Inspections of Privately Maintained Stormwater Facilities.
13.63.290 City Acceptance of New Stormwater Facilities.
13.63.300 City Acceptance of Existing Stormwater Facilities.
13.63.310 Easements, Tracts and Covenants.
13.63.320 Extensions - When Required.
13.63.330 Extensions - Application.
13.63.340 Extensions - Preparation of Plans and Specifications.
13.63.350 Extensions - Inspection - Fee - Deposit Required.
13.63.360 Construction of Main Extensions.
13.63.370 Acceptance of Main Extensions.
13.63.380 Extensions - Construction Drawings.
13.63.390 Main Extensions Deeded to City.
13.63.400 Violations of This Chapter.
13.63.410 Inspection.
13.63.420 Inspection Procedures.
13.63.430 Test Procedures.
13.63.440 Stop Work Orders.
13.63.450 Cumulative Civil Penalty.
13.63.460 Aiding or Abetting.
13.63.470 Order to Maintain or Repair.
13.63.480 Notice of Violation - Assessment of Penalty.
13.63.490 Appeal and Disposition.
13.63.500 Liability for Costs of Investigation.
13.63.510 Collection of Civil Penalty.
13.63.520 Compromise Settlement and Disposition of Suits.
13.63.530 Hazards.
13.63.010 - Purpose. The purpose of this Chapter is to establish a storm and surface
water mana• ement program and utility in order to accomplish the following goals:
A. Establish a stormwater capital facilities plan and small project funding program
for projects which will:
1. . rotect . ro . ert owners ad' acent to develo . in and develo . ed land from
increased runoff rates, which could cause erosion of abutting property;
2. decrease draina • e- related damage to public and private prope ;
3, maintain safe City streets and rights -of -way;
4. minimize water quality degradation and control of sedimentation of
creeks, streams, ponds, and other water bodies; and
5. preserve and enhance the aesthetic quality of waters;
B. Promote sound develo.ment .olicies and construction .rocedures which res.ect
and preserve the City's watercourses; and
-8-
•
•
C. Provide public education, outreach, participation, and involvement in the
protection of water quality.
D. Establish general rules and regulations for the service and extension of service
from the stormwater system.
The storm and surface water management program shall consist of stormwater
regulations and a stormwater utility, which shall be implemented and operated by the City's
Department of Public Works and Utilities in accordance with standards established by the
appropriate governmental entities with jurisdiction.
13.63.020 - Incorporated by Reference. The City hereby incorporates the following
documents into this Chapter:
A. The City of Port Angeles' Urban Services Standards and Guidelines adopted
pursuant to Chapter 18.08 PAMC.
B. Chapters 3 and 4, Volume I, Appendices 1 -C, 1 -D and 1 -E, Volume I; Chapters
3 and 4, Volume II, Volume III, Volume IV and Volume V of the Department of Ecology's 2005
Stormwater Management Manual for Western Washington, or most recent update.
C. Appendix I of the City of Port Angeles' Western Washington Phase II Municipal
Stormwater Permit, issued in January of 2007, or the most recent update.
D. 2005 Low Impact Development Technical Guidance Manual for Puget Sound
published by the Puget Sound Action Team, or the most recent update.
All of these documents are on file within the office of the City Engineer and can be
viewed upon request.
13.63.030 - Applicability. The provisions of this chapter shall apply to all direct and
indirect connections to the City's stormwater system, including direct outfalls to the City's
streams or marine waters.
13.63.040 - Definitions. The following definitions shall apply to this Chapter:
A. AKART - All Known, Available, and Reasonable methods of prevention, control,
and Treatment.
B. Arterial - PRINCIPAL ARTERIALS: Principal arterials provide service for
.rinci•al traffic movements within the Ci The serve centers of activit intra -area travel
between Port An
eles
and
other
lar
e communities and
between
•rinci•al tri
Principal arterials serve the lon est trips and carry the principa portion of trips entering and
leavin • the overall area. Typically they are the hi • hest traffic volume corridors in the Cit . The
design year ADT is approximately 5 000 to 30 000 vehicles per da or more. They frequently
carry important intra -urban as well as intercity bus routes.
The s.acing of principal arterials usually varies from about 1 mile in highly
develo.ed business areas to 5 miles or more in rural areas. Service to abutting land should be
subordinate to the . rovisions of travel service to .rinci
enerators.
be incidental to the
rima
functional res
onsibilit
al traffic
movements• this service
should
of the street.
Desirabl
it is located on
communi and neighborhood boundaries or adjacent to but not throu•h •rinci•al sho. in
centers, parks, and other homogeneous areas.
- 9 -
•
•
MINOR ARTERIALS: Minor arterials interconnect with and augment the
principal arterial system. Minor arterials connect principal arterials to collector arterials and
small generators. They provide medium size trip generators, such as less intensive commercial
development, high schools and some junior high/grade schools, warehousing areas, active parks
and ballfields, and other land uses with similar trip generation potential. They distribute travel
to smaller geographic areas and communities than those identified with the principal arterial
system. They provide service for trips of moderate length of a somewhat lower level of travel
mobility than principal arterials. The design year ADT is approximately 2,500 to 15,000.
COLLECTOR ARTERIALS: Collector arterials provide both land access service
and traffic circulation within residential neighborhoods and commercial and industrial areas. It
differs from the arterial system in that facilities on the collector system may penetrate residential
neighborhoods, distributing trips from the arterials through the areas to their ultimate
destinations. The collector also collects traffic from local streets in residential neighborhoods
and channels it onto minor and principal arterials. The collector arterial street may also carry
local bus routes.
C. Best Management Practices (BMPs)- mean schedules of activities, prohibitions
of practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and structural or managerial practices to prevent or reduce
the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
D. 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
Ecolo • y (see BMP C160 in the Stormwater Management Manual for Western Washington
(2005)). 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 • uality of stormwater discharges. Certification is obtained throu • h
a Washington State Department of Ecology approved erosion and sediment control course.
Course listings are provided online at Ecology's web site.
E. Clean Water Act - means the federal Water Pollution Control Act (33 USC
Section 1251 et seq.), and any subsequent amendments thereto.
F. Commercial /Multiple Property - means all property zoned or used for
multifamil commercial retail • ublic overnment non - • rofit and all other non - residential
uses.
G. Director - means the City of Port Angeles Director of Public Works and Utilities
or his or her designee.
-10-
•
•
H. Effective Impervious Surface - those impervious surfaces that are connected via
sheet flow or discrete conveyance to a drainage system. Impervious surfaces on residential
development sites are considered ineffective if the runoff is dispersed through at least one
hundred 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 (2005).
I. Ground Water - means water in a saturated zone or stratum beneath the surface
of the land or below a surface water body.
J. Hazardous Materials - means any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
K. Highway - a main public road connecting towns and cities.
L. Hyperchlorinated - means water that contains more than 10mg /liter chlorine.
M. Illicit Discharge - means any direct or indirect non - stormwater discharge to the
City's stormwater system, except as expressly allowed by this chapter.
N. Illicit Connection - means any man -made 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.
O. Impervious Surface - a hard surface area that either prevents or retards the entry
of water into the soil mantle as under natural conditions prior to development. A hard 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 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. O • en uncovered retention/detention facilities shall be considered im • ervious surfaces
for purposes of runoff modeling.
P. Land Disturbing Activity - Any activity that results in movement of earth, or a
chan • e in the existing soil cover both vegetative and non -ve • etative and/or the existing soil
to • ography. Land disturbing activities include, but are not limited to clearing, grading, fillin•
and excavation. Compaction that is associated with stabilization of structures and road
construction shall also be considered a land disturbing activity. Vegetation maintenance
practices are not considered land- disturbing activity.
•
•
Q Maintenance - Repair and maintenance includes activities 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. 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. See also Road Maintenance exemptions in Section 1 of the
NPDES Appendix included in this chapter.
R. Municipal Separate Storm Sewer System (MS4) - means a conveyance or system
of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man -made channels, or storm drains): owned or operated by the City of Port
Angeles:
1. Designed or used for collecting or conveying stormwater;
Which is not part of a Publicly Owned Treatment Works (POTW).
"POTW" means any device or system used in treatment of municipal sewage or industrial wastes
of a liquid nature which is publicly owned; and
3. Which is not a combined sewer. "Combined sewer" means a system that
collects sanitary sewage and stormwater in a single sewer system.
National Pollutant Discharge Elimination System (NPDES) Stormwater
Dischar e Permit - means a . ermit issued b the Environmental Protection A enc EPA or
by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section
1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area -wide basis.
T. Native Vegetation - Vegetation comprised of plant species, other than noxious
weeds that are indi enous to the coastal re ion of the Pacific Northwest and which reasonabl
could have been ex
ected
to naturall
occur
on the site.
Exam
les include trees such
as Dou
as
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.
U. New Develo . ment - Land disturbin activities includin . Class IV eneral 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 impervious 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.
V. Non - stormwater dischar• e - means any dischar• e to the storm drain s stem that
is not composed entirely of stormwater.
W. Person - means an individual association or anization
co . oration or other enti
the owner's agent.
reco nized
b
law
and actin
artnershi
firm
as either the owner of a .remises or as
-12-
•
•
X. Pollutant - means anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or
other discarded or abandoned objects and accumulations, so that same may cause or contribute
to pollution; floatables (objects or substances which float); pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a building
or structure; and noxious or offensive matter of any kind.
Y. Pollution - Generating Impervious Surface (PGIS) - Those impervious surfaces
considered to be a significant source of pollutants in stormwater runoff. Such surfaces include
those which are subject to: vehicular use; industrial activities, or storage of erodible or leachable
materials, wastes, or chemicals, and which receive direct rainfall or the run- on or blow -in of
rainfall. Erodible or leachable materials, wastes, or chemicals are those substances which, when
exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall
runoff. Examples include erodible soils that are stockpiled, uncovered process wastes, manure,
fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. Metal roofs are also
considered to be PGIS unless they are coated with an inert, non - leachable material (e.g., baked -
on enamel coating).
1. A surface, whether paved or not, shall be considered subject to vehicular
use if it is regularly used by motor vehicles. The following are considered regularly -used
surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway,
driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport
runways.
2. The following are not considered regularly -used surfaces: paved bicycle
pathways separated from and not subject to drainage from roads for motor vehicles, fenced fire
lanes, and infrequently used maintenance access roads.
Z. Pollution- Generating Pervious Surfaces (PGPS) - Any non - impervious surface
subject to use of pesticides and fertilizers or loss of soil. Typical PGPS include lawns,
landscaped areas, golf courses, parks, cemeteries, and sports fields.
AA. Pre - Developed Condition - The native vegetation and soils that existed at a site
prior to the influence of Euro- American settlement. The pre- developed 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.
BB. Premises - means any building, lot, parcel of land, or portion of land, whether
im s roved or unim roved including ad' acent sidewalks and . arkin strips.
CC. Project Site - That portion of a property, properties or right -of -wa subject to land
disturbin • activities, new impervious surfaces, or replaced impervious surfaces.
DD. Receivin • Waters - Bodies of water or surface water s stems to which surface
runoff is discharged via a point source of stormwater or via sheet flow.
-13-
•
•
EE. Redevelopment - On a site that is already substantially developed (i.e., has 35%
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; replacement of impervious surface that is not part of a routine maintenance activity;
and land disturbing activities.
FF. Replaced Impervious Surface - 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.
GG. Single Family Property - means all property used for single family residential
uses.
HH. Site - 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.
II. Source Control BMP - 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 Department of Ecology's
Stormwater Management Manual for Western Washington (2005) 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 stormwater.
O • erational BMPs are nonstructural practices that prevent or reduce pollutants from enterin •
stormwater. For further examples or details, refer to the Department of Ecology's Volume IV
of the Stormwater Management Manual for Western Washington (2005).
IL Stormwater - means runoff during and following precipitation and snowmelt
events, including surface runoff and drainage.
KK. Stormwater Pollution Prevention Plan (SWPPP) - means a document which
describes the best mana• ement practices and activities to be implemented by a •erson to identi
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.
LL. Stormwater System - means all natural and manmade systems which function
to ether or inde • endentl to collect store • uri dischar e and conve stormwater. Included
are all stormwater facilities as well as natural systems such as streams and creeks and all natural
systems which convey, store, infiltrate or divert stormwater.
MM. Threshold Dischar ' e Area - An onsite area drainin to a sin • le natural dischar • e
location or multi • le natural dischar a locations that combine within one - • uarter mile
downstream as determined by the shortest flowpath). The examples in Figure 2.1 below
illustrate this definition. The purpose of this definition is to clarify how the thresholds of the
stormwater re • uirements are a . • lied to • ro' ect sites with multi • le dischar e • oints.
-14-
•
•
Example of a Project Sib
wfth a Single Natural
Discharge and a Single
Threshold Discharge Area
�
Ay... • '
( d)5�.
+r �
` Natural
iDischaige
Location
Example of a Project Site
with Multiple Natural
Discharges and a Single
Threshold Discharge Area
CWT
„J'•
! Natural
Disc
Locations harge
1
S i
It Mile Downstream r _
(shortest flow path) v
Example of a Project Site
with Multiple Natural
Discharges and Multiple
Threshold Discharge Alen
:'4I. Area 2
tiiR . TThRlS •.
"DrSCHARGO DISCHA
• AREA ti "AltA 2.
Natural
Discharge
( Locations j
rr
v
1
•
i
Figure 2.1 Threshold Discharge Areas
NN. Wetland - 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
su s . ort a . revalence of ve ' etation t . icall ada . ted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include
those artificial wetlands intentionall created from non - wetland sites includin ' but not limited
to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater
treatment facilities farm •onds and landsca.e amenities or those wetlands created after Jul
1, 1990, that were unintentionally created as a result of the construction of a road, street, or
hi hway. Wetlands ma include those artificial wetlands intentionall created from non - wetland
areas to mitigate the conversion of wetlands.
13.63.050 - Stormwater Utility Established. There is hereby created and established a
storm and surface water utilit also referred to as the "stormwater utilit " . The stormwater
utility shall be administered under direction of the Director of Public Works and Utilities. The
stormwater utilit shall .erform the functions and have the authorit as set forth in Cha.ter
- 1 5 -
•
•
35.67 RCW and in this Chapter for managing, regulating, and controlling the City's stormwater
management program.
13.63.060 - Jurisdiction. The City shall have jurisdiction over all storm and surface water
facilities within the City's boundaries. No modifications or additions shall be made to the City's
storm and surface water facilities without the prior approval of the City.
13.63.070 - Operation and Management. The stormwater utility shall be managed and
operated in accordance with applicable sections of the City's Western Washington Phase II
Municipal Stormwater Permit, the City's Urban Services Standards and Guidelines and PAMC
13.63.
13.63.080 - Transfer of Property. All equipment, properties, and property rights and
interests owned or held by the City, however acquired, insofar as they relate to or concern storm
or surface water sewage, are hereby transferred to the stormwater utility. This includes by way
of example and not limitation, all properties and property rights and interests acquired by adverse
possession or by prescription in and to the drainage and storage of storm or surface waters over
and under lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused
by the largest storm or flood condition.
13.63.090 - Monthly Charge.
A. Effective January 1, 2008, the owners of all real property in the City containing
impervious surfaces shall pay a monthly stormwater utility charge at the rate as set forth in this
Section.
B. Single - family and duplex residential fees. The monthly stormwater utility charge
for each single- family and duplex residential property shall be $ 6.00.
C. The monthly stormwater utility charge for all commercial /multiple property shall
be calculated by dividing the total impervious area in square feet by 4000 square feet, times the
sing le famil and duplex residential fee. The minimum monthl fee for a commercial / multiple
property shall be not less than the monthly fee for a single- family dwelling, and the maximum
monthl fee shall be not more than ten times the monthl fee for a sin le -famil dwellin
D. City streets, State highways, private streets with storm and surface facilities in
place meeting City standards, and other public or private owned properties or portions thereof
having their own NPDES permitted storm and surface water runoff facilities which do not
dischar s e to City facilities shall be exempt from the monthly charges set forth in this Section.
13.63.100 - Rate Adjustment.
A. Stormwater utility fees will be reduced by 25% for existing sites, new
develo.ment or redevelo.ment .ro'ects that meet the followin
1.
2.
conditions:
Overall project disturbance is less than one acre.
Project proponent implements two of the following:
a. Roof Downspout Controls as described in Chapter 3, Volume III
of the most recent edition of the De . artment of Ecolo 's Stormwater Mana ement manual for
Western Washington (DOE Manual).
-16-
•
•
b. Installation of BMPs or LID techniques to mitigate for impervious
area equal to at least 10% of the site /lot. Specific BMPs and LID techniques are described in
Chapter 5, Section 5.05.03 of the City's Urban Services Standards and Guidelines.
c. Amend the Soil as recommended in BMP T5.13 in the DOE
manual in all disturbed areas not covered by new improvements.
3. Best Management Practices (BMPs) listed above must be designed in
accordance with the DOE Manual.
4. LID Techniques must be designed in accordance with the most recent
version of the Low Impact Development Technical Guidance Manual for Puget Sound.
5. BMPs and LID facilities must be maintained by the property owner and
continue to function as they were designed.
B. A property owner may request a rate adjustment to the monthly charge set forth
in PAMC 13.63.100, only if the property contains no impervious surfaces or if the property
owner disagrees with the City's calculations of the rate, or the amount of impervious area used
by the City in calculating the rate, under PAMC 13.63.1000. A request for an adjustment shall
be submitted in writing to the Director of Public Works and Utilities. If the property contains
no impervious surfaces, the rate shall be adjusted to zero. If the City's calculations or amount
of impervious surfaces under PAMC 13.63.100C is incorrect, the rate shall be adjusted
accordingly. Approved adjustments will be applied prospectively except that reimbursement for
overcharges paid by the property owner will be made by the City for the year during which the
adjustment is requested and for the prior year.
C. Any person aggrieved by a decision of the Director of Public Works and Utilities
relating to a request for a rate adjustment authorized by PAMC 13.63.110 may appeal the
Director's decision to the City Manager within 30 days of the date of the Director's decision. The
City Manager's decision shall be final.
13.63.110 - Billin. and Payment. Stormwater utility fees shall be billed annually by
Clallam County on behalf of the City in conjunction with the County's property tax bill.
Discounts for low- income senior citizens and disabled citizens will be applied in accordance
with Chapter 13.20 PAMC. Stormwater utility fees billed pursuant to this Section shall be due
and a able semiannuall on the same dates each ear that the Count 's .ro.e tax bill is due
and
a able and shall be delin uent if not . aid b the due date. All Jelin uent accounts billed
pursuant to this Section will be subject to penalty charges the same as those imposed for
delinquent property taxes.
13.63.120 - Remedies for Failure to Pay Stormwater Service Fees.
A. Termination of water service. The Director of Public Works and Utilities or
desi ' nee is authorized to terminate water service to an .rose owner unless said water service
is received b a residential tenant
who fails to
a the stormwater utilit service fees imposed
by this Chapter. Termination of such water service shall not limit other remedies available to
the City.
B. Lien for delinquent charges - Interest. Pursuant to RCW 35.67.200 et se • The
Ci shall have a lien for delin uent and un. es. A stormwater lien shall be
effective for one ear without the necessit
aid stormwater char
of an
writin
or recordin
of the lien with the
-17-
•
•
County Auditor. Enforcement and foreclosure of any stormwater lien shall be in the manner
provided by state law. Interest on the unpaid balance shall be eight percent per annum or such
rate as may hereafter be authorized by law.
C. Other remedies. The City shall have all other legally available remedies for
enforcing and collecting delinquent and unpaid stormwater charges.
13.63.130 - Non - Stormwater, Illegal Discharges and Dumping Prohibited.
A. Except as provided in subsections B and C below, no person shall throw, drain
or otherwise discharge, cause or allow others under it's control to throw, drain or otherwise
discharge into the stormwater system any materials other than stormwater.
B. The following discharges into the stormwater system are permitted, provided the
following conditions are met:
1. Discharges from potable water sources, including waterline flushing,
hyperchlorinated waterline flushing, fire hydrant system flushing and pipeline hydrostatic test
water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH
adjusted, if necessary (to meet water quality standards), and volumetrically and velocity
controlled to prevent resuspension of sediments in the MS4.
2. Discharges from lawn watering and other irrigation runoff shall be
minimized.
3. Dechlorinated swimming pool discharges. The discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and re- oxygenized, if necessary,
and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4 and
the sro.erty owner has obtained a Stormwater Discharge Permit from the City. Swimming pool
cleaning waste water and filter backwash shall not be discharged to the MS4.
4. Street and sidewalk wash water, water used to control dust, and routine
external building wash down that does not use detergents. To avoid washing pollutants into the
MS4, Permittee must minimize the amount of street wash and dust control water used. At active
construction sites street swee . in must be . erformed . rior to washin the street.
5. Other non - stormwater discharges. The discharges shall be in compliance
with the re • uirements of the stormwater . ollution . revention .Ian reviewed b the Ci which
addresses such discharges.
6. Any dischar•es from a construction site. Discharges must be in
conformance with the stormwater .ollution prevention plan (SWPPP) reviewed b the Ci .
7. Combined sewer overflow (CSO) discharges. This discharge must be in
conformance with a current National Pollution Discharge Elimination System Permit, approved
b the Washin • ton State De artment of Ecolo
The followin • categories of non stormwater discharges are s. ecificall allowed:
1. Diverted stream flows
2. Rising ground waters
3. Uncontaminated ground water infiltration (as defined at 40 CFR 35
4. Uncontaminated pumped ground water
5. Foundation drains
6. Air conditioning condensation
C.
2005(20)).
-18-
•
•
7. Irrigation water from agricultural sources that is commingled with urban
stormwater
8. Springs
9. Water from crawl space pumps
10. Footing drains
11. Flows from riparian habitats and wetlands
12. Non - stormwater discharges covered by another NPDES permit
13. Discharges from emergency fire fighting activities in accordance with the
City of Port Angeles' Stormwater NPDES Permit Section S2 Authorized Discharges. The City's
Stormwater NPDES Permit is available to view in the office of the City Engineer.
13.63.140 - Illicit Connections and Uses.
A. The stormwater system of the City of Port Angeles, natural and artificial, may
only be used to convey stormwater runoff, and any discharge meeting the permit conditions
within a current National Pollutant Discharge Elimination System Permit, approved by the
Washington State Department of Ecology.
B. Except as provided in the preceding paragraph, no person shall use this system,
directly or indirectly, to dispose of any solid or liquid matter other than stormwater. No person
shall make or allow any connection to the stormwater system which could result in the discharge
of polluting matter. Connections to the stormwater system from the interiors of structures are
prohibited. Connections to the stormwater system for any purpose other than to convey
stormwater or groundwater are prohibited and shall be eliminated.
13.63.150 - Stormwater Discharge Into Sanitary Sewer System Prohibited.
A. No person shall discharge or cause to be discharged any stormwater, surface
water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or
unpolluted industrial process waters into any sanitary sewer, unless otherwise approved by the
Director based on lack of feasible alternatives or unless the discharge meets the condition
outlined in 13.63.140 (A).
B. No person shall make connection of roof downspouts, exterior foundation drains,
area drains, or other sources of stormwater surface runoff or groundwater to a building sewer or
buildin • drain which in turn is connected directly or indirectly to a public sanita sewer, unless
such connection is otherwise approved in writing by the Director based on lack of feasible
alternatives or other appropriate factors.
13.63.160 - Unpolluted Stormwater Discharge Shall Have A..roved Outlet.
A. Stormwater shall be dischar • ed to such sewers as are specifically desi • nated as
combined sewers or storm sewers, or to a natural outlet approved by the Director.
B. Storm draina e from hard - surfaced or . raded areas such as . arkin lots service
station ards and stora s e
ards
shall enter the
ublic storm
sewer
s
stem
or other outlet
a..roved b the Director and as re•uired b
this Cha
ter and as such facilities are available.
Such storm drainage shall not be connected to or allowed to enter a sanita sewer, unless
otherwise approved in writing by the Director based on lack of feasible alternatives or other
appropriate factors.
-19-
•
13.63.170 - Review by Department of Community and Economic Development. Any
proposed site development activities shall be reviewed by the City of Port Angeles Department
of Community and Economic Development to determine the permits required.
13.63.180 - Stormwater Discharge Permits. Stormwater Discharge Permits, issued by
the City of Port Angeles Department of Public Works and Utilities, shall be required for any of
the following activities:
A. Draining water from a chlorinated water source such as a swimming pool or hot
tub.
B. Car washing which is not permitted as a commercial or industrial use, and which
drains directly or indirectly to the City's stormwater system.
C. All new development or redevelopment which does not require a Building Permit,
but which discharges stormwater either directly or indirectly to the City's stormwater system.
13.63.190 - Stormwater Design and Construction Requirements.
A. All site development activities shall comply with the standards, specifications and
requirements contained in the City of Port Angeles' Urban Services Standards and Guidelines.
B. For all site developments that disturb 1 acre or more, the City adopts and requires
the use of the minimum requirements, thresholds and definitions defined in Appendix 1 of the
City of Port Angeles' Western Washington Phase II Municipal Stormwater Permit.
For all site developments that disturb 1 acre or more or which require a
stormwater treatment , flow control, or low impact development (LID) facility, the City adopts
and requires the use of Chapters 3 and 4, Volume I, Appendices 1 -C, 1 -D and 1 -E, Volume I,
Chapters 3 and 4 Volume II Volume III Volume IV and Volume V of the Department of
Ecolo • Vs 2005 Stormwater Management Manual for Western Washington, or most recent
update.
D. Low Im.act Development LID facilities are encoura'ed to im.rove water
quality and aesthetics, as well as to reduce the size and cost of flow control and treatment
facilities. LID facilities proposed in any site development shall be designed in accordance with
the 2005 Low Im.act Development Technical Guidance Manual for Puy et Sound and shall take
into account site and soil conditions, access and long term maintenance.
E. Stormwater Site Plans and Permanent Stormwater Control Plans in accordance
with Chapters 3 and 4 of Volume I of the Department of Ecology 's 2005 Stormwater
Mana ement Manual for Western Washin . ton are re uired and will be reviewed b
the Ci
for
all site development activities that disturb 1 acre or more.
F. Ad'ustments to the Minimum Re uirements ma be • ranted b the Ci .rovided
that a written findin• of fact is prepared which addresses the following issues:
1. The ad'ustment .rovides substantiall e•uivalent environmental
protection.
2. Based on sound en• ineerin• practices, the ob'ectives of safe , function,
environmental protection and facility maintenance are met.
•
•
G. Exceptions to the Minimum Requirements may be granted by the City following
legalpublic notice of an application for an exception, legal public notice of the City's decision
on the application, and written findings of fact that document the City's determination to grant
an exception.
The City may grant an exception to the minimum requirements if such application
imposes a severe and unexpected economic hardship. To determine whether the application
imposes a severe and unexpected economic hardship on the project applicant, the exception
applicant must consider and document with written findings of fact the following:
1. The current (pre- project) use of the site, and
2. How the application of the minimum requirement(s) restricts the proposed
use of the site compared to the restrictions that existed prior to the adoption of the minimum
requirements; and
3. The possible remaining uses of the site if the exception were not granted;
and
4. The uses of the site that would have been allowed prior to the adoption
of the minimum requirements; and
5. A comparison of the estimated amount and percentage of value loss as a
result of the minimum requirements versus the estimated amount and percentage of value loss
as a result of requirements that existed prior to adoption of the minimum requirements; and
6. The feasibility for the owner to alter the project to apply the minimum
requirements. In addition, any exception must meet the following criteria:
a. The exception will not increase risk to the public health and
welfare, nor be injurious to other properties in the vicinity or downstream of the project, or
injurious to the quality of waters of the state; and
The exception is the least possible exception that could be granted
to comply with the intent of the Minimum Requirements.
H. The Council shall establish fees for stormwater related inspections. Inspection
fees shall be detailed in the PAMC 3.70.110
13.63.200 - Professional Engineer — When Required. Site development activities shall
re • uire the submittal of documents . re • ared b a • ualified • rofessional en ineer when one of
the following conditions exists:
A. Any land use or building or development on real property which disturbs 1 acre
or greater;
B. An land use or buildin_• or develo •ment on real .ro.e which re
control, treatment or LID facility;
C. An im rovements within the boundaries of the Ci of Port An eles ri • ht -of -wa
for which the City will ultimately assume responsibility for maintenance; or
D. An site development activit that the Director deems to be in the •ublic's best
interest to re • uire that certain site develo
uires a flow
ment activi
ermit
a • • lication submittal documents
be prepared by a professional civil en ineer
.13.63.210 - Off -site Analysis. All site development activities which disturb 1 acre or
more shall include alon with other re • uired submittal documents an off -site draina a anal sis
-21-
•
•
as described in the City's Urban Services Standards and Guidelines Manual. The off -site analysis
shall be prepared by a qualified professional engineer and based on a field investigation of the
development's off -site contributing and receiving drainage areas.
13.63.220 - Geotechnical Analysis. All site development activities where grading or the
construction of retention facilities, detention facilities, infiltration facilities or other stormwater
facilities are proposed on slopes greater than 15 %, within two hundred feet of slopes steeper
than thirty percent, near a landslide area, near an Environmentally Sensitive Area, or where the
Director deems that the proposed construction poses a potential hazard due to its proximity to
a slope, shall, when required by the Director, include a geotechnical analysis, prepared by a
qualified engineer. The geotechnical analysis shall address the effects of groundwater
interception and infiltration, seepage, potential slip planes and changes in soil bearing strength.
13.63.230 - Soils Analysis. All site development activities where infiltration facilities
are proposed or where the soils underlying the proposed project have not been mapped, or where
existin • soils maps of the project site are inconsistent, or where the Director deems that existin •
soils maps of the project site are not of sufficient resolution to allow proper engineering analysis,
shall include a soils investigation report.
13.63.240 - Permit Modifications. Proposed modifications to an approved Permit must
be submitted to the Department of Community and Economic Development and be reviewed for
compliance with this chapter. Substantial proposed modifications, as determined by the Director,
shall require additional review fees and shall require re- issuance of the required permit. Minor
proposed modifications may be accepted by the Director without requiring the re- issuance of the
accepted permit or the payment of additional review fees.
13.63.250 - Erosion and Sedimentation Control.
A. All final draina • e, grading, clearing or other site development activities requiring
acceptance from the City of Port Angeles Department of Public Works and Utilities shall include
a •lan for the control of erosion and sedimentation as required in Chapter 6 of the Cit 's Urban
Service Standards and Guidelines Manual and in Chapter 15.28 of the Port Angeles Municipal
Code for the . eriod be innin with the commencement of site develo . ment activit and
continuing without interruption until permanent site stabilization is achieved.
B. No clearing rubbing grading or other construction activity ma take place on
a .ro'ect site until an erosion and sedimentation control .lan has been a..roved b the
Department of Public Works and Utilities.
13.63.260 - Pro • e Owner Res • onsible for Stormwater S stem Maintenance.
A. Any person or persons holding title to a pro • ert for which stormwater facilities
and BMP's have been re • uired b the Ci of Port An eles shall be res onsible for the continual
operation, maintenance and repair of the stormwater facilities and BMP's in accordance with the
provisions of this chapter.
B. For •rivatel maintained stormwater facilities the maintenance re•uirements
s. ecified in the Washington State De • artment of Ecolo • y's 2005 Stormwater management
-22-
•
•
Manual for Western Washington, Chapter 4, Volume V, shall be enforced against the owner(s)
of the subject property served by the stormwater facility.
13.63.270 - Maintenance Covenant Required for Privately Maintained Drainage
Facilities.
A. Prior to the beneficial use of a project constructed under a City Building Permit
or a Stormwater Discharge Permit, the owner shall record a maintenance covenant which
guarantees the City of Port Angeles that the stormwater facilities shall be properly operated,
maintained and inspected. The restrictions set forth in such covenant shall be included in any
instrument of conveyance of the subject property and shall be recorded with the Clallam County
A uditor.
B. Maintenance covenants shall remain in force for the life of the development, or
until the responsibility for the operation and maintenance of the subject stormwater facilities is
accepted by the City of Port Angeles.
C. Maintenance covenants shall include the maintenance standards specified by the
De.artment of Ecology's 2005 Stormwater Management Manual for Western Washin•ton,
Chapter 4, Volume V, a list of maintenance activities and proposed inspection intervals for each
element of the private stormwater system, and a guarantee that an maintenance necess. for
an element of the stormwater s stem will be .erformed to the standards specified b the
De p artment of Ecology's 2005 Stormwater Management Manual for Western Washin . ton,
Chapter 4, Volume V and within the following schedule:
1. Within 1 year for wet pool facilities and retention/detention ponds;
2. Within 6 months for typical maintenance;
3. Within 9 months for maintenance requiring re- vegetation;
4. Within two years for maintenance that requires capital construction of less
than $25,000.
13.63.280 - Ci Ins.ections of Privatel Maintained Stormwater Facilities. The Ci is
authorized to enter at all reasonable times in or upon any property, public or private, for the
purpose of operating or maintaining the storm and surface water facilities, or to inspect or
investi • ate any condition relating to the stormwater utility; provided that the Cit shall first
obtain permission to enter from the owner or person responsible for such .remises. If ent is
refused, the City shall have recourse to every remedy provided b law to secure ent .
Notwithstandin the fore ! oin whenever it a.. ears to the Cit that conditions exist re uirin
immediate action to
rotect
the
ublic
health
or safet
the
Cit
is authorized
to
enter
at
all
reasonable
times in or u.on an
ro.e
public or
private for the
u .ose of ins.ectin
investi • ating or correcting such emergency condition.
13.63.290 - City Acceptance of New Stormwater Facilities. The Ci will acce.t for
maintenance those new residential stormwater facilities constructed under an approved City
Buildin • Permit or Stormwater Discharge Permit that meet the following conditions:
A. Improvements in residential .lats /PRD's have been com.leted on at least ei • h
percent of the lots, unless waived by the Director; and
-23-
•
•
B. All drainage facilities have been inspected and accepted by the Director and said
drainage f- acilities have been in satisfactory operation for at least two years; and
C. All drainage facilities reconstructed during the maintenance period have been
accepted by the Director; and
D. The stormwater facility, as designed and constructed, conforms to the provisions
of this chapter; and
E. All easements and tracts required under this chapter, entitling the City to properly
operate an- d maintain the subject drainage facility, have been conveyed to the City of Port
Angeles and have been recorded with the Clallam County Auditor; and
F. For non - standard drainage facilities, an operation and maintenance manual,
including a maintenance schedule, has been submitted to and accepted by the City of Port
Angeles;
G. A complete and accurate set of reproducible mylar as -built drawings have been
provided to the City of Port Angeles.
H. A maintenance fee will be assessed to cover the City's costs for maintenance of
the stormwater facilities for the life of the development. The fee will be determined based on
the complexity and maintenance requirements of the system and the City's labor and equipment
costs.
13.63.300 - City Acceptance of Existing Stormwater Facilities. The City of Port Angeles
will accept for maintenance those stormwater facilities for residential developments existing
prior to the effective date of the ordinance codified in this chapter that meet the following
conditions:
A. Improvements in residential plats /PUD's have been completed on at least eighty
percent of the lots; and
B. An inspection by the Director has determined that the stormwater facilities are
functioning as designed; and
C. The stormwater facilities have had at least two years of satisfactory operation and
maintenance, unless otherwise waived by the Director; and
D. The person or persons holding title to the properties served by the stormwater
facilities submit a . etition containin the si natures of the title holders of more than fift . ercent
of the lots served b
the stormwater facilities re
uestin
that the Ci
maintain the stormwater
facilities; and
E. All easements required under this chapter entitling the Cit to .ro.erl operate
and maintain the subject stormwater facilities, have been conve ed to the Ci of Port Angeles
and have been recorded with the Clallam County Auditor; and
F. The . erson or . ersons holdin title to the . ro . erties served b the stormwater
facilities shows . roof of the correction of an
defects in the draina
e facilities as re
uired b
the
Director.
G. A maintenance fee will be assessed to cover the City's costs for maintenance of
the stormwater facilities for the life of the development. The fee will be determined based on
the com.lexi and maintenance re uirements of the s stem and the Ci 's labor and e. ui.ment
costs.
-24-
•
13.63.310 - Easements, Tracts and Covenants.
A. Drainage easements shall be provided in a proposed development for all
stormwater conveyance systems that are not located in public rights -of -way or tracts. The
drainage easements shall be granted to the parties responsible for providing on -going
maintenance of the systems.
B. Drainage easements through structures are not permitted.
C. Stormwater facilities that are to be maintained by the City of Port Angeles,
together with maintenance access roads to the facilities, shall be located in a public right -of -way,
separate tract dedicated to the City of Port Angeles, or drainage easement located in designated
open space. The exception is for stormwater conveyance pipes that may be located within
easements on private property, provided that all catch basins can be accessed without entering
private property.
D. All runoff from impervious surfaces, roof drains and yard drains shall be directed
so as not to adversely affect adjacent properties. Wording to this effect shall appear on the face
of all final plats /PUD's, and shall be contained in any covenants required for a development.
13.63.320 - Extensions - When Required. A storm drain main extension may be required
whenever more than one (1) residence or customer is provided service and either the property
to be served does not abut a storm drain main or the existing storm drain main is not adequate
to provide the necessary service. Main extensions shall be extended to the far side (u.stream
property line of the premises being served.
13.63.330 - Extensions - Application.
A. The person desiring a storm drain main extension shall apply to the Director
requesting permission to extend the City's storm system.
B. The Director shall review the application, and, if the requested extension is
determined to be a proper extension of the storm system, shall provide the petitioner with the
design requirements for the extension.
If the requested main extension is determined to be an improper extension of the
storm system, the application shall be denied.
13.63.340 - Extensions - Pre•aration of Plans and Specifications. Upon recei .t of the
desi • n requirements from the Department, the petitioner shall prepare • lans and specifications
for the extension to be •re oared. All design and construction plans and specifications shall be
in accordance with this Chapter and the City's Urban Services Standards and Guidelines Manual.
The com.leted .lans and specifications shall have a valid Washin. ton State Professional
En • ineer's seal and endorsement and shall be submitted to the Department for review and
approval.
13.63.350 - Extensions - Ins ection - Fee - De • osit Re uired. After a..roval of the • lans
and s . ecifications the
De
artment shall
rovide
the
etitioner with
an estimate
of the
construction ins • ection fee. A • ermit for construction will be issued after the ins • ection fees and
estimated main connection char
es have been de
osited with the Cit
Treasurer. If the Director
determines that the remainin ' funds are not ade • uate to . rovide necessa
-25-
ins ection for .ro'ect
•
•
completion, the petitioner shall be notified of such and an estimate of additional inspection fee
required will be provided. The additional fees shall be deposited with the City Treasurer prior
to depletion of the funds on deposit. Any monies unexpended from the inspection deposit upon
completion of the project shall be returned to the petitioner.
13.63.360 - Construction of Main Extensions.
A. Storm drain main extensions may be made by private contract, through local
improvement district procedure, or by Department forces.
B. Any main extension built by parties other than the Department's forces shall be
done by a licensed and bonded contractor of the State of Washington.
C. Extension by the Department's forces shall be at the expense of the person
requesting construction of the main.
D. All main extensions must be in the City's frontage of the applicant's property
and /or other public rights -of -way.
13.63.370 - Acceptance of Main Extensions.
A. The City reserves the right to reject any installation not inspected and approved
by the Department.
B. Upon satisfactory completion of all required tests and acceptance of the main
extension, the Department shall cause the extension to be connected to the City system. All costs
incurred in such connection(s), including overhead and administrative charges, shall be the
responsibility of the petitioner. Any adjustment on the actual cost of installation because of
variance between the estimate and the actual cost shall be adjusted by refund upon completion
of the ' ob b the . etitioner or b . a ment b the . etitioner to the Ci of an additional ex ense
above the estimate.
C. No storm drain main extension shall be put into service other than for test
purposes by duly authorized personnel until the main extension has been accepted by the City
and all fees and charges have been paid.
13.63.380 - Extensions - Construction Drawings.
A. U. on completion of a main extension the . etitioner shall
a drawin . that accuratel indicates the main extension and a
rovide the De artment
installed
urtenances as actuall
in plan and profile.
B. No main extension will be accepted until satisfactory "as built" drawings are
provided.
13.63.390 - Main Extensions Deeded to City.
A. The .ermit holder shall .rovide the Cit
extensions as a condition of acce
with a deed of conve ance for all main
tance of the main extension b
the Ci
B.
The transfer of any main to the City shall be on the condition that the owner,
district compan constructor or contributor shall transfer or .rovide for an necessa and
proper franchise.
-26-
•
•
13.63.400 - Violations of This Chapter. The construction or installation of any structure,
the connection to a public storm drainage facility, the illicit or illegal discharge to a public storm
drainage facility, violations of the construction site stormwater pollution prevention plan, or the
failure to operate and maintain a permitted stormwater facility which violate the provisions of
this chapter shall be declared to be unlawful and a public nuisance and may be abated as such
through the use of civil penalties, stop -work orders, water service shut offs, education and
outreach as well as any other remedies which are set forth in this chapter, including, but not
limited to, revocation of any permits. If the Director chooses to utilize Title 9 of this Code then
a violation of any provision of this chapter shall constitute a Class II misdemeanor. Each
violation shall constitute a separate infraction for each and every day or portion thereof during
which the violation is committed, continued or permitted. The choice of enforcement action
taken and the severity of any penalty shall be based on the nature of the violation, the damage
or risk to the public or to public resources, and the response of the offender to less severe
enforcement actions.
13.63.410 - Inspection.
A. Routine Inspections. The Director or his designee shall have access to any site
for which a site development activity permit has been issued pursuant to Section 13.63.270
during regular business hours for the purpose of on -site review and to insure compliance with
the terms of such permit. The applicant for any such permit shall agree in writing, as a condition
of issuance thereof, that such access shall be permitted for such purposes.
B. Inspection for Cause. Whenever there is cause to believe that a violation of this
title has been or is being committed, the director or his designee is authorized to inspect the
project, and any part thereof reasonably related to the violation, during regular business hours,
and at any other time reasonable in the circumstances. The applicant for any site development
activity permit under this chapter shall, as a condition of issuance of such permit, agree in writing
that such access to the project site, which inhibits the collection of information relevant to
enforcement of the provisions of this chapter, shall be grounds for issuance of a stop work order
by the Director or his designee.
13.63.420 - Inspection Procedures. Prior to making any inspections, the Director or his
assi • nee shall present identification credentials, state the reason for the inspection and request
entry.
A. If the property or any building or structure on the property is unoccupied, the
Director or his assi • nee shall first make a reasonable effort to locate the owner or other person s
having charge or control of the pro e�rty or portions of the propert y and request entry
B. If after reasonable effort, the Director or his assignee is unable to locate the owner
or other . erson s havin ' char e or control of the . ro • e and has reason to believe the
condition of the site or of the stormwater drainage system creates an imminent hazard to persons
or property, the inspector may enter.
-27-
•
13.63.430 - Test Procedures. In the event that water quality testing is utilized in
determining whether a violation of this chapter has occurred, the water quality test procedures
shall be followed as described in the most recent edition of the Code of Federal Regulations, Part
136.
13.63.440 - Stop Work Orders. Stop work order means a written notice, signed by the
Director or his assignee, that is posted on the site of a construction activity, which order states
that a violation of a City of Port Angeles ordinance has occurred and that all construction- related
activity, except for erosion and sedimentation control activities authorized by the Director, is to
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 section. 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.
13.63.450 - Cumulative Civil Penalty. Every person who violates this chapter, or the
conditions of a Building Permit or Stormwater Discharge Permit plan, may shall be liable for a
civil penalty. The penalty shall not be less than one hundred dollars or exceed one thousand
dollars for each violation. This penalty shall be in addition to any other penalty provided by law.
Each and every such violation shall be a separate and distinct offense, and each day of continued
or repeated violation shall constitute a separate violation.
13.63.460 - Aiding or Abetting. Any person who, through an act of commission or
omission, aids or abets in the violation shall be considered to have committed a violation for the
purposes of the civil penalty.
13.63.470 - Order to Maintain or Repair. The Director shall have the authority to issue
to an owner or s erson an order to maintain or repair a com s onent of a stormwater facili or
BMP to bring it in compliance with this section. The order shall include:
A. A description of the specific nature, extent and time of the violation and the
damage or potential damage that reasonably might occur;
B. A notice that the violation or the potential violation cease and desist and, in
appropriate cases, the specific corrective actions to be taken; and
A reasonable time to comply, depending on the circumstances.
13.63.480 - Notice of Violation - Assessment of Penalty. Whenever the Director has
found that a violation of this section has occurred or is occurring, the Director is authorized to
issue a notice of violation directed to the person or persons identified by the Director as the
violator.
A. The notice of violation shall contain:
1. The name and address of the property owner;
2. The street address, when available, or a legal description sufficient to
identify the building, structure, premises or land u • on or within which the violation is occurring;
3. A statement of the nature of such violation(s);
-28-
•
•
4. A statement of the action that is required to be taken within twenty -one
days from the date of service of the notice of violation, unless the Director has determined the
violation to be hazardous and to be requiring immediate corrective action, or unless the
corrective action constitutes a temporary erosion control measure;
5. A statement that a cumulative civil penalty in the amount of not less than
one hundred dollars and not exceeding one thousand dollars per day shall be assessed against the
person to whom the notice of violation is directed for each and every day following the date set
for correction on which the violation continues; and
6. A statement that the Director's determination of violation may be appealed
to the City Manager by filing written notice of appeal, in duplicate, with the City Manager's
Office within twenty days of service of the notice of violation. The per diem civil penalty shall
not accrue during the pendency of such administrative appeal unless the violation was
determined by the Director to be hazardous and to require immediate corrective action or was
determined by the Director to constitute a temporary erosion control measure.
B. The notice of violation shall be served upon the person(s) to whom it is directed
either personally or by complaint in superior court proceedings or by mailing a copy of the notice
of violation by certified mail.
13.63.490 - Appeal and Disposition. A notice of violation issued pursuant to this chapter
shall have the following appeal options:
A. Within thirty days from the date of receipt of the notice of violation, the aggrieved
.erson ma make a• •lication for relief from •enalt to the Director. Such a• •lication shall
contain any information relevant to the situation that the aggrieved party believes the Director
should consider. The Director may cancel, lower or affirm the penalty.
B. Within fifteen days from the date of receipt of the Director's response to said
a . • lication for relief from . enalt the a • • rieved • a ma have the a • • eal considered b the
Ci Council at its next available re ularl
appeal. The City Council shall issue their decision within fifteen days of the com.letion of the
hearin • . The aggrieved party shall be notified b certified mail of the determination of the Ci
Council.
scheduled meetin
date followin
the filin
of the
13.63.500 - Liability for Costs of Investigation. Any person found to be in violation of
this chaster shall be res • onsible for the costs of investi ation b the Ci . Such cost ma include
the analytical services of a certified laboratory.
13.63.510 - Collection of Civil Penalty. The civil penalty constitutes a personal
obli • ation of the .erson s to whom the notice of violation is directed. Penalties im.osed under
this cha •ter shall become due and . a able thirt da s after receivin notice of . enalt
ap peal is filed. The Cit atorne , on behalf of the Cit is authorized to collect the civil • enalty
by use of appropriate legal remedies, the seekin• or grantin• of which shall neither sta nor
terminate the accrual of additional per diem penalties so long as the violation continues.
13.63.520 - Com •romise Settlement and Dis • osition of Suits. The Director and the Ci
Attorne are authorized to enter into ne otiations with the • arties or their le al re resentatives
unless an
-29-
•
•
named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or
otherwise dispose of a lawsuit when to do so will be in the best interest of the City, provided that
a report shall be submitted to the City Manager in any instance when a compromise settlement
is negotiated.
13.63.530 - Hazards.
A. Whenever the Director determines that any existing construction site,
erosion/sedimentation problem, drainage facility, illicit discharge or illicit connection poses a
hazard to public safety or substantially endangers property, or adversely affects the condition or
capacity of the drainage facilities, or adversely affects the safety and operation of City right -of-
way, or violates State water pollution laws, the person to whom the permit was issued, or the
person or persons holding title to the property within which the construction site,
erosion/sedimentation problem, drainage facility, illicit discharge or illicit connection is located,
shall upon receipt of notice in writing from the Director, repair or otherwise address the cause
of the hazardous situation in conformance with the requirements of this chapter.
B. Should the Director have reasonable cause to believe that the situation is so
adverse as to preclude written notice, he may take the measures necessary to eliminate the
hazardous situation, provided that he shall first make a reasonable effort to locate the owner
before acting, in accordance with Section 13.63.270. In such instances, the person or persons
holding title to the subject property shall be obligated for the payment to the City of Port Angeles
of all costs incurred by the City. If costs are incurred and a bond pursuant to this chapter or other
Cit re • uirement has been . osted the Director shall have the authori to collect a ainst the bond
to cover costs incurred.
Section 3. Sections of Ordinance 2734, as amended, and Sections of Chapter 15.28
of the Port Angeles Municipal Code are hereby amended to read as follows:
15.28.010 - Purpose. This Chapter is adopted for the following purposes:
B.
To regulate land- disturbin8 activity for control of erosion, sedimentation,
11 •
damagc to public and privatc property,
• • • . •1 • • •
-30-
•
•
A. To promote the public health, safety, and general welfare of the citizens and
protect public and private resources of the City without preventing the reasonable use,
development, and maintenance of land;
B. To avoid or minimize impacts of clearing and grading as a component of land
disturbance activities to adjacent and downstream public or private property;
C. To encourage site development on public and private property, including clearing,
excavation, and filling in such a manner as to minimize hazards to life, health, and property;
D. To preserve and enhance the physical and aesthetic character of the City by
preventing untimely and indiscriminate removal or destruction of trees and ground cover;
E. To preserve, replace, or enhance the natural qualities of lands, watercourses, and
aquatic resources, preserve and protect priority fish and wildlife habitats, minimize water quality
degradation and the sedimentation of creeks, streams, ponds, lakes, wetlands, marine waters, and
other water bodies, and preserve and enhance beneficial uses;
F. To minimize surface water runoff and diversion which may contribute to
flooding;
G. To reduce siltation in City streams, lakes, storm sewer systems, and public
roadside improvements;
H. To reduce the risk of slides and the creation of unstable building sites;
I. To promote building and site planning practices that are consistent with the City's
natural topography, soils, and vegetative features while at the same time recognizing that certain
factors such as disease, danger of fallings, proximity to existing and proposed structures and
improvements, interference with utility services, protection of scenic views, and the realization
of a reasonable enjoyment of property may require the removal of certain trees and ground cover;
J. To ensure prompt development, restoration, and replanting and effective erosion
control of property after land clearing and grading;
K. To promote site development planning and building practices that provide for
mana in surface water runoff on -site and are consistent with the City's natural topogra eh
vegetation cover, and hydrology;
L. To establish a City review process for potentially impactful land disturbing
projects to ensure these regulations and goals are met.
Notwithstanding the above - stated purposes, nothing in this Chapter is intended to or shall
be deemed to create a duty of the City to protect or promote the interests of any particular person
or class of persons. Further, the existence of these regulations or any failure, refusal, or omission
of the City to enforce any provision in this Chapter is not intended to prevent, supplant, or affect
the right of any person affected by the clearing, grading, filling, and/or drainage operations of
another to invoke such private remedies as may be available against such other persons.
15.28.020 - Definitions. In addition to definitions contained in Chapter 15.02 and 15.20,
the following definitions shall apply. Where definitions exist in berth 15.02, 15.20, and
15.28.020, the definitions in 15.28.020 shall apply.
A. "Accelerated erosion" means any increase over the rate of natural erosion as a
result of land - disturbing activity.
-31-
•
•
B. "Approval" means, for the purposes of this Chapter, approval by the City
Engineer.
C. "Buffer zone" means a parcel or strip of land that is required to permanently
remain in an undisturbed and untouched condition and within which no building, clearing,
grading, or filling is permitted, except for minor maintenance necessary to protect life and
property.
D. "Clearing" means the removal of tinrbei trees, brush, grass, ground cover, or other
vegetative matter from a site which exposes the earth's surface on the site or results in the loss
of forested areas.
E. "Clearing and Grading Permit" means the written permission of the City to the
applicant to proceed with the act of clearing, grading, filling, and /or drainage which could disturb
the land surface.
F. "Director" means the Director of Public Works and Utilities or an authorized
agent of the Public Works and Utilities Department.
G. "Environmentally Sensitive Land Areas" include, but are not limited to, lands
identified as environmentally sensitive areas, locally unique features, or critical areas by the City
in accordance with the provisions of the State Environmental Policy Act and the Growth
Management Act and Section 15.20 of the Port Angeles Municipal Code.
H. "Filling" means the act of transporting or placing (by any manner or mechanism)
fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill
material (including temporary stockpile of material).
I. "Grading" means any act which changes the grade or elevation of the ground
surface and for the purposes of this Chapter also includes the excavation and removal of earth
material.
J. "Impervious Surface" means a hard surface area that either prevents or retards the
entry of water into the soil mantle under natural conditions prior to development or that 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 stormwater.
K. "Sedimentation" means the process of deposition of soil and organic particles
displaced, transported, and deposited by erosive processes.
L. "SWPPP" means Stormwater Pollution Protection Plan.
15.28.030 - Clearing and Grading Permit Required.
A. No person, corporation, or other legal entity shall make changes or cause changes
to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the
City without having first obtained a valid clearing and grading permit from the City Engineer;
except for those activities that are exempt as described in Section 15.28.040. A Clearing and
Gradin ' Permit is re • uired • rior to an of the followin • •
1. Any clearin , filling, excavation or grading in an environmentally
sensitive area, critical area, or critical area buffer.
-32-
•
•
2. Land disturbance of one (1) acre or more. See the Urban Services
Standards and Guidelines, Section 6.02.1 for sites under 1 acre.
Fill and /or excavation of one hundred (100) cubic yards or more, even if
the excavated material is used as fill on the same site. [Quantities of fill and excavation are
calculated separately and then added together to determine the total quantity for the site.]
4. Clearing or grading that will likely penetrate the ground water table,
including the construction of ponds and reservoirs.
5. An excavation which is more than five (5) feet in depth or which creates
a cut slope greater than five (5) feet in depth or which creates a cut slope greater than five (5) feet
in height and steeper than two units horizontal in one unit vertical (2:1).
6. Any re- grading or paving on an area used for stormwater retention or
detention or alteration of an existing drainage course.
7. Any proposal to cut down or top by more than one quarter any tree(s) that
are required to be preserved by City code, plat condition, or other requirement.
B. Permits are not transferable, unless approved in writing by the City Engineer. The
transfer will only be approved when the new applicant has demonstrated that it can and has
complied with the conditions of the permit.
15.28.040 - Permit Exemptions. Written permit exemptions shall be issued by the City
Engineer. The following shall be exempt from the permit requirements of this Chapter, provided
that the exemptions set forth in Subsections G -J shall below may not apply in situations where
properties include environmentally sensitive areas. An exemption from a Clearing and Grading
Permit does not exempt the person doing the work from meeting all applicable federal, state, and
local codes, standards, guidelines, regulations, and permit requirements:
A. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work
during or after periods of extreme weather or other emergency conditions which have created
situations such as flooding or high fire danger that present an immediate danger to life or
property;
B. Land clearing necessitated by order of the City Council related to the abatement
of a public nuisance, where the work is administered by the City;
E
•..
. . .
. • •
• •. • •
. .,
irmninen ward to-life-or property as described in 15.28.090G,
f3C. The clearing Work by a public agency or a franchised utility performed under the
direction of the City Engineer within a public right -of -way or upon an easement, for the purpose
of installing and maintaining water, stormwater, sanitary sewer, power, cable, or communication
lines;
ED. Cemetery graves;
FE.
GF. Land disturbance that is less than one acre, except those sites meeting any of the
conditions listed in 15.28.030 or where an adjacent area containing disturbed areas under the
same ownershi • or chain of ownershi • has been similarl exem • ted so that the combined area
is one acre or more and final site stabilization is not complete
-33-
•
•
becn rc- established,
HG. If a building permit is issued, no additional clearing, grading, or filling permit or
associated fee will be required.; However, the standards established in the City's Urban Services
Standards and Guidelines manual and by City ordinance shall be applied as a condition of said
building permit.
H. Forest practices regulated under RCW 76.09. (Activities involving conversion
of land to uses other than commercial timber production are subject to clearing and grading
regulations.)
I. Refuse disposal sites controlled by other regulations.
J. Mining, quarrying, excavation, processing, or stockpiling of rock, sand, gravel,
aggregate, or clay where established and provided by law provided such operations do not affect
the lateral support of or increase the stresses in or pressure upon any adjacent or contiguous
property.
K. Agricultural crop management of existing and ongoing farmed areas as defined
per RCW 84.34.020.
L. Routine landscape maintenance of existing landscaped areas on developed lots.
M. Routine drainage maintenance of existing, constructed stormwater drainage
facilities located outside of an environmentally sensitive or other protected area, including, but
not limited to, detention/retention ponds, wet ponds, sediment ponds, constructed drainage
swales, water quality treatment facilities, such as filtration systems and regional storm facilities
that are necessary to preserve the water quality treatment and flow control functions of the
facility. This exemption does not apply to any expansion or modification to existing excavated
and constructed stormwater drainage facilities.
N. Roadway repairs and overlays within a public street right -of -way for the purpose
of maintaining the pavement, curbing, or sidewalk of existing paved roadways.
.1 .
•
J. Work -when approved by the City Engineer n an isolated c,if-eunrtained area,
r to -or public property.
15.28.050 - Permit Application. An application for a clearing and grading permit shall
be submitted on a form provided by the City and identifying the property and owner. Other
information may be required by the City Engineer to carry out the provisions of this Chapter.
15.28.060 - Plans and Specifications. Each application shall be accompanied by-a
rniimum of three (3) sets of plans and specifications, including calculations. The plans and
..1 . . • •
the The City Engineer may require that the plans and specifications be prepared by an appropriate
qualified professional who shall have his/her signature and stamp affixed to each set. The plans
and specifications inay shall include the appropriate information from the f l wing as follows:
-34-
•
•
A. An accurate plan of the entire site as it exists at the time of the application, which
includes:
1. All property lines;
2. Contours over the entire site (five -foot contour intervals are standard, but
other intervals may be required in specific circumstances);
3. The date, basis, and datum of the contours;
4. A graphic representation of existing vegetation on the site designated by
its common names, the amount of bare ground, and the amount and type of impervious material
(rock and artificial);
5. The location of all existing drainage facilities, natural and man -made;
6. The location and estimated capacity of any areas which impound surface
water;
7. The location and estimated discharge of all visible springs;
8. The location of all structures, utilities, and their appurtenances, including
structures and utilities on adjacent properties when such information is reasonably available;
9. Date, north arrow, and adequate scale as approved by the City Engineer
on all maps and plans;
10. Identification of and mitigation measures for on -site areas which are
subject to severe erosion, and off -site areas which are especially vulnerable to damage from
erosion and/or sedimentation.
B. The proposed work schedule, which details the following:
1. Sequence for clearing, grading, filling, drainage alteration, and other land -
disturbing activities;
2. On -site soil or earth material storage locations and source of import
materials, and location of the site where spoils will be disposed;
3. Schedule for installation and removal of all interim erosion and sediment
control measures, including vegetative measures;
4. Schedule for construction of final improvements, if any;
5. Schedule for the installation of required permanent erosion and sediment
control devices;
6. An outline of the methods to be used in clearing vegetation and in storing
and disposing of the cleared vegetative matter.
C. An accurate finished grading plan of the entire site as it would appear after the
completion of work covered by the permit, showing the following:
1. The finished contours achieved by grading (at the same intervals as the
existing contours);
2. The boundaries of all areas to remain undisturbed, and identification and
the location of all other vegetation shown on the plan that will remain after the completion of
work;
3. Drainage and related facilities to be constructed with and as a part of the
proposed work;
-35-
•
•
4. Boundaries of all areas where surface water runoff will be retained,
detained, or infiltrated;
5. The method for discharging surface water off -site, including the
provisions required to control the velocity and direction of discharge to protect downstream
properties;
6. The location of building setback lines, and approximate limits of cuts and
fills, including but not limited to foundations, retaining walls, and driveways;
7. Location and dimensions of environmentally sensitive areas and buffer
zones and other areas to be maintained or established;
8. The location and description of proposed erosion and sedimentation
control devices or structures and schedule of maintenance;
9. Off -site grading shall be noted on the plans, and a dated letter of
permission from the property owner of the land affected shall be provided and noted on the
plans.
15.28.070 - Additional Application Information. The City Engineer may require the
applicant to submit additional information when he finds the submitted plans and specifications
and associated information are not clear enough to allow for an adequate determination, or when
special conditions are found to exist which require specific explanation. This additional
information may include, but is not limited to, the following:
A. Hydrologic and hydraulic computations of expected storm runoff entering and
leaving the site for pre- and post- development conditions;
B. Engineering geology and soils reports as needed for hydrology, hydraulics, and
erosion control design;
C. Erosion and Sediment Control Plan and supporting calculations;
D. An engineer's cost estimate of the temporary drainage facilities and final erosion
and sediment control when such information is necessary for bonding purposes;
E. Inspection and maintenance agreement;
F. Letters of Permission: Off -site grading shall be supported by a dated letter of
permission from the affected property owner(s);
G. A copy of the Hydraulic Permit Application Project Approval (HPA) issued by
the Washington Sate Department of Fish.,rics, and Wildlife if it an HPA is required.
15.28.080 - Review Criteria. The City Engineer shall review the permit application for
compliance with all City ordinances, adopted standards, requested additional data, and the City
Comprehensive Plans.
15.28.090 - Standards. No land- disturbing activity subject to the control of this Chapter
shall be undertaken except in accordance with the following mandatory standards:
A. Protection of property: Persons and entities conducting land - disturbing activities
shall take all reasonable measures to protect all public and private property from damage caused
by such activities.
-36-
•
•
B. Vegetation protection. Vegetation that is to be retained shall be delineated on the
site plan.
BC. Wetland buffers: No land - disturbing activity shall be permitted in an approved
wetland buffer, except as otherwise allowed by applicable laws and permits.
ED. Graded slopes and fills: The angle for graded slopes and fills shall be no greater
than the angle which can be retained by vegetative cover or other adequate erosion control
devices or structures.
DE. Ground cover: No land- disturbing activity shall be undertaken until installation
of sufficient erosion and sediment control devices to retain the sediment generated by the activity
within the boundaries of the tract during construction ... • :: - • - .. : - • ' : has
been completed. Plantings or a permanent ground cover shall be provided immediately after
completion of grading to sufficiently restrain erosion.
EF. Use of vegetative measures: : ' : : Native plants shall be
used for erosion and sediment control wherever feasible, rather than structural measures such as
pipes, structures, or other devices.
F. :. Critical areas: Construction within-environmentally
scnsitivc Critical Aareas and Critical Area buffers shall be in compliance with Chapter 15.20
PAMC Environmentally Sensitive Areas Protection Ordinance and shall be subject to the review
of the Director of Community and Economic Development.
GH. Removal of dead or diseased trees from environmentally sensitive areas or buffers
is allowed provided that:
1. The applicant submits a report from a certified arborist, registered
landscape architect, or professional forester or arborist that documents the hazard and provides
a replanting schedule for the replacement of trees;
2. Tree cutting shall be limited to limbing and crown thinning, unless
otherwise justified by a qualified professional. Where limbing or crown thinning is not sufficient
to address the hazard, trees should be reduced in height to remove the hazard rather than cut at
or near the base of the tree;
3. All cut vegetation cut (tree stems, branches, tops, etc.) shall be left within
the environmentally sensitive area or buffer unless removal is warranted due to the potential for
disease transmittal to other healthy vegetation, or if the environmentally sensitive area is a steep
slope or marine bluff.
4. The landowner shall replace any trees that are felled or topped with new
trees at a ratio of two replacement trees for each tree felled or topped (2:1) within one (1) year
in accordance with an approved restoration plan. Tree species that are native and indigenous to
the site and with a minimum caliper of two (2) inches shall be used for replacement;
5. If a tree to be removed provides critical habitat, such as an eagle perch,
a qualified professional wildlife biologist shall be consulted to determine timing and methods
or removal that will minimize impacts; and
-37-
•
•
6. Hazard trees determined to pose an imminent threat or danger to public
health or safety, or to public or private property, or serious environmental degradation may be
removed or pruned by the landowner prior to receiving written approval from the City of Port
Angeles provided that • • • . • - - following such action, the landowner shall
submit a Clearing and Grading Permit application accompanied by a restoration plan that
demonstrates compliance with the provisions of this Title.
15.28.100 - Conditions. In granting any clearing and grading permit, the City Engineer
may attach the conditions reasonably necessary to prevent erosion and sedimentation. Such
conditions may include, but are not limited to, installing walls, swales, drains, retention facilities,
or other structures planting appropriate vegetations; installing erosion and sediment control
measures or devices; furnishing necessary letters of permission and/or easements and
specifying method of performing the work. Such items must be identified on the approved
grading, erosion, and sediment control or other required plans. In addition, the following shall
be conditions of all permits:
A. A Construction Stormwater Pollution Prevention Plan (SWPPP) is required in
conjunction with a Clearing and Grading Permit for sites that disturb one acre of land or more.
A Temporary Erosion and Sediment Control Plan (TESCP) is required in conjunction with a
Clearing and Grading Permit for sites that disturb less than one acre of land. The SWPPP or
TESCP shall meet all requirements as set forth in Chapter 6 of the current edition of the City of
Port Angeles' Urban Services Standards and Guidelines, including any amendments or revisions
thereto.
AB. Notify the City forty-eight (48) hours before commencing any land - disturbing
activity.
BC. Notify the City of completion of any control measures within forty -eight (48)
hours after their completion.
ED. Obtain written permission in-writing from the City Engineer prior to modifying
any modification of the any approved plans.
BE. Install all control measures as identified in the approved plans.
BF. Maintain all road drainage systems, stormwater drainage systems, control
measures, and other facilities identified in the plans.
FG. Repair siltation or erosion damage to adjoining surfaces and drainage ways
resulting from land disturbing activities.
6H. Inspect the erosion construction control measures at least once each week during
construction and after each runoff producing rain event of ` i _ _ --- - -- e (over a 24 -hour
period), and immediately make any needed repairs.
FII. Allow the City to enter the site for the purpose of inspecting compliance with the
plans or for performing any work necessary to bring the site into compliance with the plans.
IJ. Keep an up -to -date, approved copy of the plans on the site.
JK. Ensure that all workmanship and materials are in accordance with City standards
and the most recent edition of the Washington State Specifications for Road, Bridge, and
Municipal Construction.
-38-
•
•
15.28.110 - Maintenance Responsibilities. The Permittee may be required to provide A
a maintenance schedule of constructed temporary private facilities shall be developed for
facilities constructed and measures implemented pursuant to this Chapter. The schedule shall
set forth-the maintenance and inspection(s) to be completed, the time period for completion, and
who shall perform the maintenance and inspection(s). The schedule shall be included with all
required plans and permits and shall be recorded by the property owner or agent with the County
Auditor so that maintenance and inspection responsibilities attach to the property and shall be
the duty of the property owner(s).
15.28.120 - Permit Issuance - Expiration - Extension.
A. A clearing and grading permit shall be issued only after compliance with the
requirements of this Chapter and the deposit with the City Treasurer of permit fees for plan
review, inspection, and related expenses as required pursuant to PAMC 15.28.130.
B. Any permit granted under this Chapter shall expire one (1) year from the date of
issuance; provided, however, that the City Engineer may set specific limits to the permit if it is
advisable to do so. ... _... :. , With approval of the City Engineer a permit
may be extended for one (1) twelve -month period.
15.28.160 - Inspections.
A. All projects which include clearing, grading, filling, or temporary drainage
facilities shall be subject to inspection by the City Engineer or his designee, who shall be granted
reasonable right of entry to the work site by the permittee. When required by the City Engineer,
special inspection of the grading operations and special testing shall be performed by qualified
professionals employed by the permittee. Inspections in conjunction with Hydraulic Permits will
be performed and enforced by the Washington State Department of Fisheries or Wildlife.
B. Each site that has approved grading, erosion and sediment control or other
required plans must be inspected as necessary to ensure that the sediment control measures are
installed and effectively maintained in compliance with the approved plan and permit
requirements. Where applicable, the permittee must obtain inspection by the City at the
following stages:
1. Following the installation of sediment control measures or practices and
prior to any other land - disturbing activity;
2. Followin • the establishment of an tree e rotection zone s and . rior to an
other land disturbing activity;
23. During the construction of sediment basins or stormwater management
structures;
3-4. During rough grading, including hauling of imported or wasted materials;
45. Prior to the removal or modification of any sediment control measure or
facility; and
-39-
•
56. Upon completion of final grading, including establishment of ground
covers and planting, installation of all vegetative measures, and all other work in accordance with
an the approved plan or permit.
C. The permittee may secure the services of an engineer, subject to the approval of
the City Engineer, to inspect the construction of the facilities and provide the City with a fully
documented certification that all construction is done in accordance with the provisions of an the
approved, : :: ' ., . . : : : ' : ' : : i i :. • i plan, applicable rules,
regulations, permit conditions, and specifications. If inspection certification is provided to the
City, then the normal inspections performed by the City for the permit may be waived. In these
cases, the City shall be notified at the required inspection points and may make spot inspections.
15.28.180 - Completion of Work.
A. Construction Changes. Whenever changes must be made to the original,
approved plan, the changes shall be submitted to and approved by the City Engineer in advance
of the construction of those changes.
B. Final Reports. Upon completion of the rough grading and at the final completion
of the work, the City Engineer may require the following reports, drawings, and supplements
thereto to be prepared and submitted by the owner and /or an appropriate qualified professional
approved by the City Engineer:
1. An as -built grading plan, including original ground surface elevations,
final surface elevations, lot drainage patterns, and locations and elevations of all surface and
subsurface drainage facilities.
2. A soils grading and /or geologic grading report, including locations and
elevations of field density tests and geologic features, summaries of field and other laboratory
tests, and other substantiating data and comments or any other changes made during grading and
their effect on the recommendations made in the approved grading plan.
C. Notification of Completion. The permittee or his/her agent shall notify the City
Engineer when the grading operation is ready for final inspection. Final approval shall not be
given until all work has been completed in accordance with the final approved grading, erasion
clearing and grading permit, including any conditions thereto, and
other -required all approved plans, and the any required reports have been submitted and
accepted.
15.28.190 - Posting of Permit. No work shall commence until a valid permit has been
posted by the applicant on the subject site at a conspicuous location. The permit shall remain
posted until the project has been completed and final inspection.
-40-
•
15.28.200 - Administration and Enforcement. The City Engineer is authorized and
directed to administer and enforce the provisions of this Chapter. For such purpose, he shall
have the powers as detailed in PAMC 14.01.060 of a policc officcr and may appoint and dcputizc
such officers, inspectors, assistants, and other employees as may be necessary to carry out the
duties and functions of his office and to provide technical data for plans and on -site follow -up
inspections to assure implementation of required plans and specifications; except that
enforcement of Hydraulic Permits shall be performed by the Washington State Department of
Fisheries and Wildlife.
15_.28.210 - Appeals. Any person or persons aggrieved by any action of the City Engineer
pursuant to the provisions of this Chapter may file an appeal with-the Construction Code-Bo-aid
of-Appeals as set forth in Chapter 14 01 18.08.130 PAMC.
15.28.230 - Other Laws.
A. Whenever conflicts exist between Federal, State, or local laws, ordinances, or
rules, the more restrictive provision shall apply.
B. Neither this Chapter nor any administrative decision made under it:
1. Exempts the permittee from procuring other required permits or
complying compliance with the requirements and conditions of such a permit; or
2. Limits the right of any person to maintain against the permittee at any
time, any appropriate action, at law or in equity, for relief from damages caused by the permittee
arising from the permitted activity.
15.28.240 - Removal of Dirt, Debris, or Other Material Sanctions.
A. Whenever property damage is occurring or imminent as a result of an activity
inconsistent with this Chapter, as determined by the City Engineer, the
offending person, company, or firm shall, after notice of clean ttp given by the City Engineer,
take necessary revisions action, as instructed by the City Engineer;
correct the situation.
B. If the person, company, or firm does not take the action ordered by the City
Engineer, such offending party shall be guilty of a civil infraction
punishable as set forth in Section 15.28.260. In addition, the City Engineer may cause the debris
and other materials to be cleaned up and/or the activity altered. All expenses of such work,
including the costs of litigation, if necessary, and administrative costs shall be chargeable to the
owner or other person having charge of or having ordered the activity.
Section 4 - Severability. If any provisions of this Ordinance or its applications to
any person or circumstances is held to be invalid, the remainder of the Ordinance or application
of the provisions of the Ordinance to other persons or circumstances is not affected.
-41-
•
•
Section 5 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener' s /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 6 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect August 15, 2009.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 16th day of June, 2009.
MAYOR
ATTEST:
Becky J.
LitabDA
ity Cleik
APPROVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED: June 21 , 2009
By Summary
G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS \ORDINANCES.2009 \I4 - Stormwater.061609.wpd (June 16, 2009)
-42-
Summaries of Ordinances Adopted by the
Port Angeles City Council
on June 16, 2009
Ordinance No. 3365
This Ordinance of the City of Port Angeles, Washington, rezones approximately 21,000 square
feet of property from Commercial Neighborhood (CN) to Residential High Density (RHD).
Ordinance No. 3366
This Ordinance of the City of Port Angeles, Washington, revises Chapters 11.08, 11.12 and
11.18 of the Port Angeles Municipal Code relating to construction, excavation and use of rights -
of -way.
Ordinance No. 3367
This Ordinance of the City of Port Angeles, Washington, revises and adds sections of the Port
Angeles Municipal Code relating to Stormwater Utility and Regulations for compliance with the
City's Phase II NPDES stormwater permit. This Ordinance shall take effect August 15, 2009.
Ordinance No. 3368
This Ordinance of the City of Port Angeles, Washington, adopts amendments to the
Comprehensive Plan and Land Use Map.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and
Friday, 8:30 a.m. to 12:30 p.m. Unless otherwise stated above, these Ordinances shall take effect
five days following the date of publication by summary.
Becky J. Upton, MMC
City Clerk
Publish: June 21, 2009