HomeMy WebLinkAbout3568 ORDINANCE NO.
AN C: R—DINAl` C;F, of the City of Port Angeles, Washington amending
Chapters 13.63 and 17.94 relating to stormwpaater-utility regulations of the.
Port,Angeles Municipal Code.
THE CITY COUNCIL OF mI°F11.. CITY OF PORT ANGELES ES DO HEREBY
aI EBY
ORDAIN AS FC)LA.,O S:
Section 1, Ordinance 3367 as amended, and Chapter 13.63 of the Part Angeles Municipal
Code relating to store-water-utility regulations are hereby amended as follows:
■ 13,63,010 - Purpose.
w 13.63.020 - Incorporated by reference.
• 13.61030 - Applicability.
13.63.040- Def nitions.
13. 1045 —E ce tions Variances and Adjustments
13.63.050- Storniwater utility established.
■
13.61060- Jurisdiction.
■ 13.63.070- Operation and management,
13.63.080- Transfer of property.
13.63.090- ;Monthly charge.
1163.100- Rate adjustment.
■ 13.63.110- Billing and payment.
■ 13.63.120- Remedies for failure to pay stormwrater service fees.
■ 13.63.130-Non-stormwater, illegal discharges and dumping prohibited.
13.63,1 40- Illicit connections and uses.
■ 13.63.150- StormN titer discharge into sanitary seNver system prohibited.
• 13.63.160- Unpolluted stormwrater discharge shall have approved outlet..
13.63.180- Stormwraater discharge permits.
■ 13.63,1 90- Storrnwater design and construction requirements.
0 13,63.200- Professional Engineer---`when required.
•
13.63.2 10- Off-site aamialysis.
13.63.220-Geotechnical analysis.
13.63.230- Soils analysis.
■ 1.3.63.240- Permit n odifications.
■ 13.63.250- Erosion and sedimentation control.
■ 13.63.260- Property owner responsible, for stormwater system maintenance.
1
■ 13.63.270 - Maintenance covenant required fior 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.
13.6x3.310) - Easements, tracts and covenants.
1163.320 - Extension s--- -lien required.
1163.330 - 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.
■ 1163.380 - Ex tens ions—Constructi on drawings.
■ 13.63.3901 - Main extensions deeded to City.
■ 13.013.40701 - Violations of this chapter.
• 13.013.4107 - Inspection.
13.61420 - Inspection procedures.
13,63.4301 - Test procedures.
13.6 3.4407 - Stop work orders.
13.61450 - Cumulative civil penalty,
a 13.63.460 - Aiding or abetting.
0 1163.470 - Order to maintain or repair.
1163.480 - Notice of violation—Assessnient of penalty.
0 13.63.490 - Appeal and disposition,
W 13,61500 - Liability for costs of investigation.
a 13,63.5 10 - Collection of civil penalty.
0 1163.520- Compromise, settlement and disposition of suits.
a 13.63.5301 - I la arils.
1163.020 - Incorporated by reference.
The City hereby incorporates the following documents into this chapter:
A. The City of Port Angeles' Urban Set-vices Standards and Guidelines adopted pursuant to
Chapter 18.08 PAMC.
B. Chapters 2, 3, and 4, Volume 1, and Appendices I-C, I-D and I-E, Volume 1; Chapters 3 and
4, Volume H-- the entirety
of Volume 1113;- the entirety Of Volume IV, and the entirety of
—
Volume, V of the Department of Ecology's 204S2014 Stormwater Management Manual for
Western Washington(SWMMWW [20141), or the most recent update.
C. Appendix I of the City ol"Port Angeles' Western Washington Phase It Municipal Storinwater
Permit, issued in janua of`-' - -Aust 2012, effective August 2013, and revised in January
or the most recent update.
2
1
r�o
1�). 2.0452012 Low Impact Development Technical Guidance Manual for Puget Sound published
by the P iget Sound Aetion Too Washing-ton Mate University and the Puget Sound
Partnership, or the most recent update.
All of these documents are can file within the office of the City Engineer and can be viewed
upon request.
f
13.61040 - Definitions.
The following definitions shall apply to this chapter.
A. AKAR.T-All known,available,and reasonable methods of prevention,control,and treatment.
B. Arterial - PRINCIPAL ARTERIALS:: Principal arterials provide service for principal traffic
movements within the City. They serve centers of activity; intra-area travel between Port
Angeles and Cather large communities and between principal trip generators. Principal arterials
serve the longest trips and carry the principal portion of trips entering and leaving the overall
area. Typically they are the highest traffic volume corridors in the City. The design year ADT
is approximately 5,000 to 30,000 vehicles per day or more. They fi°equently carry important
intra-urban as well as intercity bus routes.
The spacing of principal arterials usually varies from about one rn"rle in highly developed
business areas to five miles or more in rural areas. Service to abutting land Should be
subordinate to the provisions of travel service to principal traffic movements; this service
should be incidental to the primary functional responsibility of the street. Desirably itis located
on community and neighborhood boundaries or adjacent to but not through principal shopping
centers, parks, and other homogeneous areas.
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
frorn the arterial system in that facilities on the collector systern 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 bins routes.
C Best Management Practices (BMPs) - mean schedules of activities, prohibitions of`practices,
1.1-ner-al good "usekeeping pFaetiees, pollution rFeveatiori and edueational rfaetiees,
maintenance procedures, and structural and/or managerial practices, that when used singy or
in combination, t4a prevent or reduce the release dwisehafge of pollutants and other adverse
impacts to waters of Washingon State as M, ,r the Department of Ecology's SWMMWW
[201 diFeetly Of 41&0241�9 to ston"water-, Feeetying waters, or- stomiwalef eonveyanee
systems. BN4Ps alse ineltide tfeatment pfaetiees,opefating ppoeedtifes,and pfaetiees to ee
ial; or-dr-a kia,gee tre-mi. rt�
stx+s
site n fioi spi4lite-or-leaks, _ge . vater- tefage.
D. Certified Eerosion and sediment Ceontrol 1,4ead (CESCL) - means an individual Nvho has
current certification through an approved erosion and sediment control training program that
meets the minimum training standards established by the Washington State Department of
Ecology (see BMP C160 in the SteFmw.-I,.r_ x1fanagement,
Department of Ecology's SWMMWW (20"_2014)). A CESCL is knowledgeable in the
principles and practices of erosion and sediment control. The CESCL must have tile skills to
assess site conditions and construction activities that could impact the quality ofstormwater
and, the effectiveness of erosion and sediment control measures used to control the quality of
stormwater discharges as per the Department ofEcology's SWMMWW [20141).
is obtained Offeug..
7 "Fsdiaaenrt
eontr-el eour-se. Cetime listiiigs afe p,fevided online at Feelogy's,',veb site.
E. Clean Water Act - rneans tile federal Water Pollution Control Act (33 USC Section 1251 et
seq.), and any subsequent amendments thereto.
F, Comrnercial/multiple property - means all property zoned or used for multi-l"Imily,
cornmercial, retail, public, government, non-profit and all other non-residential uses.
Cl. Compost-amended soil - establishment of a minimum soil quality and depth to re sin
stonnwater functions in the post development landscape, provide increased treatment of
pollutants and sediments that result from development and habitation, and minimize the need
fior some landscaping chemicals.
GFI.Director- means the City of Port Angeles Director of Public Works and Utilities or his or her
designee.
441. Effective impervious surface - those impervious surfaces that are connected via sheet flow or
discrete conveyance to a drainage system. Impervious surfaces on Fesidential _de-ve-'.11#
xqj..
sites are considered ineffective if. I the runoff is dispersed through at least 4-Wone hundred
feet of native vegetation in accordance with BMP T'5 30 - "Full Dispersion," as described in
Chapter 5 of Volume V of the Department of F"cology's, SSI_-mv 4
Western Washington SMWW ( 2014 2) residential roof runoff is infiltrated in
accordance with Downspout Full Infiltration Systems, per BMP 5.10A in Volume III of the
Department of Ecology's SWM MGVW W (2014), or 3) approved continuous runoff modeling
methods indicate that the entire runoff file is infiltrated as per the Department of Ecolqgy:s
SWMMWW [20141 .
J. Feasibility - Low impact development best nianagernent practices (BMP) are requiredwhere
feasible. A BMP is determined feasible when infeasibility criteria are not triggered as defined
in the Department of Ecology SWMMWW and City of Port Angeles Urban Service Standards
and Guidelines Chapter 5 Al2Mndix D.
4
TK. Ground water- means water in a saturated zone or stratum beneath the surtace of the land or
below a surface water body.
L. Hard Surface—An ininervious surface, a permeable pavement, or a vegetated roof.
W. Hazardous materials - means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or inf'cctious
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.
-lel. -a main public road connecting towns and cities.
W. Hyperchlorinated - means water that contains more than ten ing/liter chlorine.
MP.Illicit discharge - means any direct or indirect non-storrnwater discharge to the City's
storniwater system, except as expressly allowed by this chapter.
NQ.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.
R. Impaired capacity system—The flow volume or rate is greater than what a facility (e.g. iN,
and vault, swale, ditch, dr well etc.) is desianed to safety contain, receive, convey, reduce
pollutants frornor infiltrate to meet a specific performance standard. System capacity shall
be evaluated using a qualitative analysis and/or a quantitative analysis that shall include
continuous runoff modeling ofthe 25-year recurrence interval flow. A system is considered
to be impaired when it is not able to convey the 25-year recurrence interval flow without
surcharging.
OS. Impervious surface -a non-vegetated hffd surface area that either prevents or retards the entry
of water into the soil mantle as under natural conditions prior to development. A 4"4 non-
veaetated surface area Nyhioh 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
eat-then materials, and oiled, macadam or other surfaces which similarly impede the natural
infiltration of stormwater. Open, uncovered retention/detention facilities shall not be
considered as impervious surfaces for purposes of' determining whether the thresholds for
application of minimum requirements are exceeded. Open, Uncovered retention/detention
facilities shall be considered impervious surfaces for purposes of runoff modeling as per the
Department of Ecology's SWMMWW [20141').
T. Land disturbing activity -,any activity that results in movement of earth,or a change in the
existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography.
Land disturbing activities include, but are not limited to clearing, grading, filling, and
excavation.Compaction that is associated with stabilization of structures and road construction
shall also be considered a land disturbing activity. Vegetation maintenance practices are not
considered land-disturbing activity.
5
o
-rently serviceable
J.Maintenance - Repair and maintenance includes activities conducted On Cut
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 I of the NPDES Appendix included in this chapter.
.: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:
I. Designed or used for collecting or conveying stonnwater;
2. 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.
S,W.National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit -
means a permit issued by the Environmental Protection Agency(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.
TX.Native vegetation - Vegetation comprised of plant species, other than noxious weeds, that are
indigenous to the coastal region of the Pacifie Northwest and which reasonably could have
been expected to naturally occur on the site. Examples include trees such as Douglas Fir,
western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as
willow, elderberry, sairnonberry, and salal; and herbaceous plants such as sword fern, foam
flower, and fireweed.
14Y.New development - Land disturbing activities, including Class IV - general forest practices
that are conversions from timber land to other uses; structural development, including
construction or installation of a building or other structure; creation of 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.
Z. Non-impaired capacity system—The flow volume or rate that a facility(e.g., pipe, pand,vault,
swale, ditch, dr well etc,) is designed to safely contain, receive, convey, reduce pollutants
from,or infiltrate to meet a st)ecific performance standard. System capacity shall be evaluated
using a qualitative analysis and/or a quantitative analysis which shall include continuous runoff'
modeling of the 25-year recurrence interval flow. System cal2acitY is considered to be non-
impaired if it conveys a 25- ear recurrence interval flow Without Surchar Yinly,.
6
VAA. Non-storm water discharge - means any discharge to the storm drain system that is not
composed entirely of stormwater.
BB. Permeable pavement, - Pervious concrete, p2roes asphalt, Mrmeable vavers or other forms of
pervious or porous paying material intended to allow, passage of water through the pavement
section, It often includes an aggregate base that provides structural support and acts as a
stormwater reservoir.
-WCC. Person -means any individual, association, organization, partnership, finn, corporation or
other entity recognized by law and acting as either the owner of a premises or as the owner's
agent.
XDD. 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.
YEE. Pot lution-generating impervious surface (PCIS) - Those impervious surfaces considered to
be a significant source of pollutants in storniwater runoff. Such surfaces include those which
are subject to: vehicular use; industrial activities as further defined in the Department of
Ecology's SWMMWW [20141 , or storage of erodible or leachable materials, wastes, or
chemicals, and which receive direct rainfall or the run- on or blow-in of rainfall,. r4odible Of
leaehable matefials,wastes,et--ehemi i-s offe-41hese substanees whiell,wile"exposed to rilii+W-,
w.
+
measufably alteF the physieal or ehemieal ehaFnet@Fisties 4 funeff-
Examples
ifwItide efedible soils theA are malwFe,
substallees, ashes, kiln dwit, a"d gaFbage dumpsteF leakage.mXIetal roofs aFe aise de ed
te be PGIS unless they are coated with an inert, non-leachable material(e.g., baked-on enamel
coating): or roofs that are subject to venting significant amounts of dusts, mists,or fumes from
manufacturing, commercial, or other indoor activities as per the Department of Ecolo gy's
SWMMWW [20141).
'-
1. A Suffflee, Wh PaNed or-net, shall be eensidefed subjeet to vehieulap u-S-e .. .. .- Fegulaply
�
.,...b .- _ idt%fed--+egu4_.Iy used au
Mater VehielesTho 110:�eesw roads,
A I of a URNFoadway, dfiYeways-,,Rgeteted Had sheuldff- 1--las within the tfavele
yarA- ,A
Paddlig 101S, tififeHeed fire lanes, vehieula equipment s e - &...
2. The fell * - t eensider-ed regularly used suifaees: paved bieyele pathways separated
40rn arl-I fie+ + 4 . +
V 10 1 age fi�em feads, P-4 feneed fire lanes, a
iHffequeHIlIY used Fflaintpliftnee fteeeS&+ead-,-.
-AFF, Pollution-generating pervious surfaces (PGPS) - Any non-impervious surface subiect to
vehicular use, industrial activities as further defined in the Department of Ecology's
SWMMWW [20141): or storage of erodible or leachable materials, wastes or chemicals, and
that receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers or
loss of soil. Typical PGPS include permeable pavement subiect to vehicular use, lawns; and
7
pu
landscaped areas, including golf Courses-, parks, cemeteries, and sports fields Qiatural and
artificial turD (as per the Department ofEcology's SWMMWW [20141).
ANGG.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.
RB144. Premises-rneans any building, lot,parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks and parking strips.
'll. Project Project site - That portion of a property, properties, or right-of-way subject to land
disturbing activities, new impervious surfaces, or replaced impervious surfaces,
JJ. Rain garden - A non-engineered shallow, landscaped depression. with cornvost-amended
native soils and adapted plants. The depression is designed to and and temporarily store
stormwater runoff from adjacent areas, and to allow storinwater to pass through the amended
soil l2rofile.
POKK Receiving waters - Bodies of water or surface water systerns to which Surface runoff is
discharged via a point source of stormwater or via sheet flow.
LL. Redevelopment - On a site that is already substantially developed (i.e., has 35 percent or
more of existing impervious surface coverage),the creation or addition of impervious surfaces;
the expansion of a building footprint or addition or replacement of a structure; structural
development including construction, installation or expansion of a building or other structure;
replacement of impervious surface that is not part of a routine maintenance activity; and land
disturbing activities.
AMM.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,
GQNN.Single family property- means all property used for single family residential uses.
441-400.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.
UPP, Source control BMP - A structure or operation that is intended to prevent Pollutants from
coining into contact with stormwater through physical separation of areas or careful
management of activities that are sources of pollutants. The Department of Ecology's
Stafm%patef Matiqge—_-fit Manual fbr-Westeni Washington SWMMWW( 2014)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. Operational BMPs are nonstructural practices that prevent or reduce pollutants
from entering stormwater. For further examples or details,refer to the Depaftment of Eeolegy's
Volume IV of the Department of Ecology's SWMMWW,(24042(l14).
J4QQ. Stormwater - means runoff during and following precipitation and snowmelt events,
including surface runoff and drainage.
8
K-KRR. Stora mat pollution prevention plan (SWP'PP) - means a dOCLInient which describes the
best management practices and activities to be implemented by a person to identify sources of
pollution or contamination at a premises and the actions to eliminate or reduce pollutant
discharges to stomiwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable.
SSS. Stonnwater system - means all natural and manmade systems which function together or
independently to collect, store, purify, discharge and convey 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 storniwater,
MMTT','f'hreshold discharge area -An onsite area draining to a single natural discharge location or
multiple natural discharge locations that combine within one-quarter mile downstream (as
determined by the shortest flowpath). The examples in Figure 2.1 below illustrate this
definition. The purpose of this definition is to clarify how the thresholds of the stomi\vater
requirements are, applied to pro.ject sites with multiple discharge points.
NNUU.Wetland - Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under norrnal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands,
generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those
artificial wetlands intentionally created from non-wetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July
1, 1990, that were unintentionally created as a result of tile construction of a road, street, or
highway. Wetlands may include those artificial wetlands intentionally created from non-
wetland areas to mitigate the conversion of'wetlands.
13.63.045-- Exceptions, Variances and Adjustments. Excentions. variances and adjustments to the
Storrnwater Develoment Minimum Requirements may be granted by the Director of Community
and Economic Development. See Section 17.94.190 oft is Code.
13.63.100- Rate adJustment.
A. Stormwater rebates rnav be issued for utility fees will be Fedueed by 24 pereent 14 e*istiff#
4te,,+,-retrofit,new development or®redevelopment projects that meet the following conditions:
1. Overall prQject, with less than 5,000 square feet of new or replaced hard surfaces, and
implements two or more of the folknyjM disturbanee is less than Eme aere.
a. Permeable pavernent
b. ComMst amended soils ver BMP T5.13 in all disturbed area not covered by new
improvements
c. Rain gardens,
2. Pntjeetpr-epenent implements two of the felle"i..,.
9
Maflual).
ation of BN4Ps ef LID teehniques to mitigate fer i ea equal to at least ten
b. 1ASWI
5.05.03 of the City's
e. Amend the soil as r-eeemmended in BN4P T-5.13 in the DOF mantial in all distur-bed afeas not
2-3. LID facilities and Rbest management practices (BMPs) listed in "l above must be designed
and maintained in accordance with the Department of Ecology's SWMMWW (20L41_P449
Manual.
3.
Development T-ey-linieal Guidanee Manual 44 Puget . Stormwater rebates as available
funding allows include the following:
a. Permeable pavement- 1 per square foot towards materials up to a maximum rebate of
1,000 per household or business
b. Compost amended soils—voucher for 10 cubic yards of Garden Glory compos
c. Rain gardens—Rebate for materials to install a rain garden, up to a maximum rebate of
1,000, r household or business.
5. BN4Ps and 1,11) faeilities most be maintained by the pr-apet4y awnef and eeiitintfe to funetion
as they wefe designed,
B. Stormwater rebates may be issued for retrofit new development, or redevelo meat yroject
that meet the following conditions;
1. Overall project is less than the Minimum Requirement #5 threshold see Chapter 5 of the
City of Port Angeles Urban Service Standards and Guidelines or is a retrofit project that
implement a rain garden.
2. Rain gardens must be designed and maintained in accordance with the Department of
Ecology's SWIMIMW W 2014
3. Stormwater rebates as available funding allows include a rebate for materials to install a rain
€garden up to a maximum rebate of$1,000, per household or business.
C$.A property owner may request a rate adjustment to the monthly charge set forth in PANIC
13.63.100, only if the property contains no impervious hard surfaces or if the property owner
disagrees with the City's calculations of the rate,or the amount of4fnVefv-ictus hard surface area
used by the City in calculating the rate, under PANIC 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 imperviaus hard surfaces, the rate shall be adjusted to zero. If the City's
calculations or amount of i ► fviou hard surfaces under PANIC 13.63.100.0. 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.
10
DG.Any person aggrieved by a decision of the Director of Public Works and Utilities relating to a
request for a rate adjustment authorized by PANIC 13.63.110 may appeal the Directors
decision to the City Manager within 30 days of the date of the Director's decision. Tile City
Manager's decision shall be final.
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 ifs 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 prohibited, unless the stated
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, spa and hot tub discharges. The discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and re-oxygenized, it'
necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in
the MS4 and the property owner has obtained a stormwater discharge permit from the City.
Discharges shall be thermally controlled to prevent an increase in temperature of the receivin
water. 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 sweeping must be performed prior to washing tile street.
5. Other non-stormwater discharges.The discharges shall be in compliance with the requirements
of the stormwater pollution prevention plan reviewed by the City, which addresses such
discharges.
6. Any discharges from a construction site. Discharges must be in conformance with the
stormwater pollution prevention plan (SWPPP) reviewed by the permittee.
7. Combined sewer overflow (CSO) discharges, This discharge must be in conformance with a
current National Pollution Discharge Elimination System Permit,approved by the Washington
State Department of Ecology.
C. The following categories of non stormwater discharges are specifically allowed:
1. Diverted stream flows.
2. Rising ground waters.
3. Uncontaminated ground water infiltration (as defined at 40 CFR 35 2005(20)).
4. Uncontaminatedpumped ground water.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural Sources that is commingled with urban storrnwater.
8. Springs.
9. Uncontaminated AV-water from crawl space pumps.
10. Footing drains.
It. Flows from riparian habitats and wetlands.
12. Non-stormwater discharges covered by another NPDES or state waste discharge pen-nit.
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 N PDES
Permit is available to view in the office of the City Engineer.
13.63.160 - Unpolluted stormwater discharge shall have approved outlet.
A. Stormwater shall be discharged to such sewers as are specifically designated as e6flAbifled
sewefs e storm sewers, or to a natural outlet approved by the Director.
B. Storm drainage from hard-surfaced or graded areas, such as parking lots, service station yards,
and storage yards, shall enter the public storm sewer system or other outlet approved by the
Director and as required by this chapter and as such facilities are available. Such storm drainage
shall not be connected to or allowed to enter a sanitary sewer, unless otherwise approved in
writing by the Director based on lack of feasible alternatives or other appropriate factors.
13.63.170 view by Depaftmefit of Community and Fleonemie Developmen
Any pr-Oposed site development aetivities shall be feviewed by the City of Pet4,kngeles Depaftment
of Community and Eeefiemie Development to detefffline the pefmits require
13.63.180 - Stormwater permitting disehar-ge pem+its.
Storrnwater discharge pert-nits, issued by the City of Port Angeles Department of Public Works and
Utilities, shall be required for any of the following activities if they drain into a City stormwater
facility:
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 stonnwater system.
C. Building and sidewalk washing
110"N"
12
I
GD.All new development or redevelopment which does not require a building permit or clearing
and grading permit, but which discharges stormwater either directly or indirectly to the City's
stormwater system. Building and clearing and grading permits shall apply all standards and
re uirements established in the City's Urban Service Standards and Guidelines Maaaual b
City ordinances and the Department of Ecolog 's SWMfiv WW('2014). Stonnwater insvection
ection
and storm drain connections fees shall be charged on the building permit or clearing and
grading permit.
1163.190 - 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 , the City adopts and requires the use of
the minimum requirements, thresholds and definitions defied in Appendix I of the City of
Port.Angeles' Western Washington. Phase 11 Municipal Storimwater Permit.
C. l::or all site developments that diieh require a stortmwater treatment,
flow control,or on-site stornwater management F MP/facility,
the City adopts and requires the use of Chapters 2,3 and 4, Volume 1, and Appendices I-C, I-
D and I-E, Volume 1, Chapters 3 and 4, Volume IIS;the entirely of Volume III.-,--,the entirety of
Volume IV', and the entirety of Volume V of the Department of Ecology's 20452014
Stormwater Management Manual for Western Washington (S °MN4WW [20141), or most
recent update.
D. Low impact development (LID) facilities are encouraged to improve water quality and
aesthetics, as well as to reduce the sire and cost of flow control and treatment facilities. LID
facilities proposed in any site development shall be designed in accordance with the 2005 kew�
Department of Ecology's
S /MV WW (2014)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
and 4 of Volume I of the Department of Ecology'swmwater-Management Manual
Wester-ii Washington S "PNMWW 12014 are required and will be reviewed by the City for
all site development activities that disturb one acre or more.
. Based en sound Vffletiees, sa,fety, 4metion,
eivyiFonmentalG. k*WP6008 10 the FAi rvfflefit- e-11
legal ptf4w
,
exeeptiefi.
13
the exceeption app
,
I. The eur-fent(pre prteet) use of the site, and
to
eampar-ed to the
s that exk he adeptien Of the Minim 441-,
3. The possible fe-i-i-aii-ing uses of the site, if the e?wo-el-Itiel- -A-ffe- net gfaated,---a*d
1
estimated
Fequifeme. - verstis dhe estimated amount and peFeentage ef value less, as a Fesuk, of
to adoption o"he-ff4ni
w w menti;
6. The Me ewner- te altef the pr(tjeet to apply the minimu its. in
1= tefiw.
The
)4 iner-ease r-isk to the publie health and
IE-) other
w. y w
Of WatefS Of
the swe; and
ef the min, ments,
detailed in*he PAW, 3.70.110.
F. Beneficial use ofroof'runoffharvested for non-potable LISCS is allowed as expressly erniitmed
and conditioned by the Director,
13.63.200 - Professional 1=n ineer—t hen required.
Site development activities shall require, the submittal of documents prepared by a qualified
professional engineer or under the direction of a licensed engineer when one of the following
conditions exists.
A. Any land use or building or development on real property whieh di4tif.
that involves the construction of structural source control BMPs or drainage conveyance
systems;
B. Any land use or building or development on real property whieh that requires a flow control
or treatment or LID facility;
C. Any land use ofbuilding development on real Property that involves en gincerin ,calculations
as part of'a Construction Stormwater Pollution Prevention flan SWPPP
D. Any improvements within the boundaries of the City of Port Angeles right-of-way for which
the City will ultimately assume responsibility for maintenance; or
I
Any site development activity that the Director deems to be in the publics best interest to
require that certain site development activity permit application submittal documents be
prepared by a pr-ef ssiefial ;F,°" licensed engineer.
13.63.2 10 - Off-site analysis.
All site development activities that discharge stormwater off site which adds 10,000 square feet
distafb one aefe or more of neve or replaced impervious surface or that convert three- carters of
an acre;of pervious surfaces to lawn or landscaped areas or that convert,2.5 acres or more forested
area toal store shall include, along with other required submittal documents, an off site c '.i e
drainage analysis as described in the City's Urban Services Standards and Guidelines Manual. The
off site o f-site analysis shall be prepared by a qualified pr(,)f s ional engineer and based on afield
investigation of the development"s offsite contributing and receiving drainage areas.
1.3,03.220 -Geotechnical analysis.
All site development activities where grading or the construction of retention facilities, detention
facilities, dispersion facilities infiltration 13M1'"s/facilities or other stormwater facilities are
proposed on slopes greater than 15 percent,within 200 feet of slopes steeper than 30 percent, near
a landslide area, near an environmentally sensitive arca, 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,"rhe 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 1 MPs/facilities (including infiltration basins
trenches ponds, bioretentionpermeable pavement, rainarderas a�ad cl< wns cut irafiltraticn
13MPs are proposed or where the soils underlying the proposed project have not been mapped,
or where existing soils maps of the project site are inconsistent, or where the Director deems that
existing soils maps of the project site are not of sufficient resolution to allow proper engineering
analysis, shall include a soils investigation report, by a QUalified professional. l;;xem.tions may
be granted for rain garden retrofit projects.
13.63.260 - Property owner responsible for stonnwater system maintenance.
A. Any person or persons holding title to a property for which stormwater facilities and BMP's
have been required by the City of fort Angeles shall be responsible for the continual operation,
maintenance and repair of the stormwater facilities and l MP s in accordance with the
provisions of this chapter.
B. For privately maintained storrnwater facilities, the maintenance requirements specified in the
Washington Department of Ecology's 2005 .` - Westem
Washingtef+S l (2014), Chapter 4, Volume V, shall be e ';. •c required of
the owner(s)of the subject property served by the stormwater facility.
15
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 Clallain County Auditor.
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 Department
of Ecology's 2005 Ster-mweAef Management Maiival f6F Wester-" Waghing SWMMWW
(2014), 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 any maintenance
necessary for any element of the stormwater system will be performed to the standards
specified by the Department of Ecology's 2005 Sten"later ManagemeHt Manual fef Westem
Washiag4e-p SWMMWW (2014), Chapter 4, Volume V and within the following schedule:
1. Within one year for wet pool facilities and retention/detention ponds;
2. Within six months for typical maintenance;
3. Within nine months for maintenance requiring re-vegetation;
4. Within two years for maintenance that requires capital construction of less than $25,000. 00.
D. After satisfactory completion of a stormwater treatment and/or flow control facility meeting
Minimum Requirements#6 and/or#7 or final plat approval,a stormwater facility maintenance
bond or other surety acceptable to the City must be posted that warrants the satisfactory
performance and maintenance of the stormwater facility for a period of two years. If the Cj1Y
assumes maintenance of the facility, the stormwater facility maintenance bond shall be posted
for a period of two years from the date the City assumes maintenance responsibilities.
13.63.280 - City inspections of privately maintained stormwater facilities.
A. The City is authorized to enter at all reasonable times in or upon any property,public or private,
for the purpose of operating or maintaining the storm and surface water facilities,or to inspect
or investigate any condition relating to the stormwater utility;provided,that the City shall first
obtain permission to enter from the owner or person responsible for such premises. If entry is
refused, the City shall have recourse to every remedy provided by law to secure entry.
Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring
immediate action to protect the public health or safety, the City is authorized to enter at all
reasonable times in or upon any property, public or private, for the purpose of inspecting,
investigating or correcting such emergency condition.
B. Alternatively, a private property owner can choose to hire, at the owner's expense, a qualified
third party contractor to conduct stormwater system and facility inspections and submit the
inspgction results to the City. The contractor shall require pre-approval from the City.
16
13.63.320- Extensions---When required.
A storm drain main extension may be required whenever there is the potential to service more than
one residence or customer -effyiee 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 f'ar side (upstream) property line of the premises being
served.
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 13.63.2701 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 beim committed,the director or his designee is authorized to inspect the pr(aJect, 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.
C. The Cot11161 shall establish fees for stormwater related inspections. Inspection fees shall be
detailed in the PANIC 3.701.1101.
Sect on2. Ordinance 17019 as aanended, and. Chapter 17.94 of the bort Angeles
Municipal Code relating to stormwater-utility regulations are hereby amended by adding a new
Section 17.94.1901,to PANIC as follows:
17.94.0)101 - Foregoing regulations subject to this chapter.
• 17.94.0)201 -Lot area not to be reduced,exceptions.
• 17.94.01301 _ Ilse of lots or parcels containing more than rninimum required lot area.
■ IT94.0401 - Measurement of front and side yards,
1.7.94.0)601- Yard requirements for property abutting half-streets or streets designated by an
official control.
17.94.01701- Exception to yard requirement.
1.7.94.0 801- Yard and unobstructed space regulations.
■ 17.94.01901- Vision clearance.
■ 17.94.1001 - Driveways,
17
17.94.120 - Permitted intrusions into,required yards,
■ 17.94.130 - L,ot coverage exemptions.
a 1 7.94.135 - Site coverage exemptions.
a 17,94,140 - Walls and fences.
a 17.94.150 - Storage of merchandise or vehicles in yards and rights-of-way.
17,94.155 - Use ofresidential streets.
■ 17,94.170 - Exception to height requirement.
• I7.94„1.110 - M inor deviations.
• 17.94.190—Exceptions, Variances and Adjustments
17.94,190—1 xceotions, Variances and Adjustments
A. Exceptions/variances (exceptions) to the Stormwater Development Minimum Requirements
may be granted by the Director of Community and Economic Development following legal
public notice of an application for an exception or variance, legal public notice ofthe Director's
decision on the application, and written findings of fact that documents the Director's
determination to grant an exception.
The Director may grant an exception to stormwater development Minimum Requirements if
such application imposes a severe and Unexpected economic hardship, To determine whether
the goolication imaoses a severe and Unexnected economic hardship on the proiect anolicant,
the applicant must provide written documentation considering the following:
1. The current re-project) use of the site, and
2. How the application of the Minimum Requirernent(s) restricts the proposed use of the site
compared to the restrictions that existed 12rior to the adoption of the Minimum Requirements;
and
3. 'rhe possible remaining uses of the site if the exception were not granted; and
4. The uses of the site that would have been allowed vrior to the adoption of the Minimum
Requirements-, and
5 A comparison of the estimated amount and Mrcentage Of ValUe loss as a result ofthe 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 after the project to apply the Minimum Requirements.
B. 'T'he Director shall consider and document with findings of fact the applicant's request. In
addition the Director shall determine and document the exception meets the following criteria:
the exception will not increase risk to the Public health and welfare, nor be injurious to other
l2roverties in the vicinity and/or downstream, and to the quali!y of waters of jtie_state-_and tI1e
exception is the least possible excetion that could be granted to cornply with the intent of the
stormwater development Minimum Requirements.
C. Adjustments to the Minimum Requirements may be granted by the Director provided that a
written finding of fact is Vrepared, that addresses the following:
1. The adjustment provides substantial)y equivalent environmental protection.
2. Based on sound environmental
protection and facility maintenance, are niet.
Section 3- 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 4- Severabfli!j. If any provisions of this Ordinance,or its application to any person or
circunistances,are held invalid,the remainder"ofthe Ordinance,or application of the provisions of tile
Ordinance to other persons or circumstances, is not affected.
Scvfion 5-Effective 11ate. 'niis Ordinance,being an exercise oi'a power specifically delegated to
the City legislative body, is not subject to referendum. 'This ordinance shall take effect five (5)
days after passage and publication of an approved sunimary thereof consisting of"the title.
J -
,CW9
PASSED by the City Council of the City of Port Ange re
U, 16�f/g ot'said Council
field on the 2L day ofl3eceniber 2016.
APPR�VED AS TO �FQRM- .,Ytrick Downie, Mayor
William E. Bloor, City Attorney
rE
J nni4 Veneklasen, City Clerk
PUBL.ISHED: 2016
By Summary
19
Summary of Ordinances adopted by the Port Angeles City Council on December 20, 2016
Ordinance No. 3567
An ORDINANCE of the City of Port Angeles, Washington, makes changes to Streets and
Sidewalks by amending Chapters 11.08, 11.12, 11.13 and 11.14 of the Port Angeles Municipal
Code.
Ordinance No. 3568
An ORDINANCE of the City of Port Angeles, Washington, amends Chapters 13.63 and 17.94
relating to stormwater-utility regulations of the Port Angeles Municipal Code.
Ordinance No. 3569
An ORDINANCE of the City of Port Angeles, Washington, amends street standards and off
street parking by making changes to Chapter 14.01 and 14.40 of the Port Angeles Municipal
Code.
Ordinance No. 3570
An ORDINANCE of the City of Port Angeles, Washington, amends development standards by
making changes to Chapter 15.20, 15.24, and 15.28 Port Angeles Municipal Code relating to
environment.
Ordinance No. 3571
An ORDINANCE of the City of Port Angeles, Washington, amends short plat subdivision
regulations by making changes to Title 16, Chapters 16.04 and 16.08 of the Port Angeles
Municipal Code.
Ordinance No. 3572
An ORDINANCE of the City of Port Angeles, Washington, amends and updates zoning
regulations by making changes to Title 17 of the Port Angeles Municipal Code.
Ordinance No. 3573
An ORDINANCE of the City of Port Angeles, Washington, amends the 2016 budget and funds.
These ordinances are not subject to referendum and shall be in force and take effect 5 days after
publication according to law. The full texts of the Ordinances are available at City Hall in the
City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request.
Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published by summary: December 28, 2016