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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