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ORD 85-13 DRAINAGE CONTROLWDT:jt 8/12/85 rev. 8/27/85 ORDINANCE NO. 85-13 AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, ADDING A NEW CHAPTER 15.20 TO THE WINSLOW MUNICI- PAL CODE TO BE ENTITLED "DRAINAGE CONTROL"; SETTING FORTH THE PURPOSES OF THE CHAPTER; REQUIR- ING DRAINAGE APPROVAL FOR CERTAIN DEVELOPMENT; SPECIFYING THE CONTENTS OF A DRAINAGE PLAN; SPECI- FYING DESIGN REQUIREMENTS; ALLOWING FOR VOLUNTARY AGREEMENTS; REQUIRING A PERFORMANCE BOND; REQUIR- ING MAINTENANCE AUTHORIZING VARIANCES; PROVIDING FOR APPEALS AND REPEALING SECTIONS 15.04,100, .110 AND .120. WHEREAS, the City has prepared a stormwater drainage study detailing the physical facilities, policies, and funding requirements necessary to the correction of existing drainage problems and the prevention of future drainage problems for all lands draining to and through the City; and, WHEREAS, the stormwater drainage study has identified six separate and distinct drainage basins within the City, parts of which include unincorporated areas of Kitsap County; and WHEREAS, the stormwater drainage study has identified specific and distinct existing and/or projected future drainage related problems, and solutions to those problems, for each of the above six drainage basins; and, WHEREAS, within each drainage basin the problems that have been identified are the result of existing land development and/or projected future drainage related problems, and these problems are projected by sound engineering methods to be increased as additional development occurs; and WHEREAS, the existing stormwater drainage systems within each basin are inadequate to accommodate the 100-year storm event under current development or the runoff from future growth projected for the Winslow area; and WHEREAS, good municipal practice dictates that a storm- water drainage system be developed that is adequate to meet future needs of the community so as to protect life and property and to allow orderly development; now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 15.20 is hereby added to the Winslow Municipal Code to be entitled "Drainage Control" and to read as follows: 15.20.000 PURPOSE The purposes of this chapter are: To maintain high quality surface water by protect- ing creeks, streams, ponds, lakes and other bodies of water from pollution by sediment, oil or other damaging substances. To protect land near development sites from increased surface water runoff rates which could cause erosion or flooding. To protect private and public property and city streets and rights-of-way from flooding or erosion. D. To promote development practices which will ensure that the above purposes are met. 15.20.020 DRAINAGE APPROVAL REQUIRED Drainage Plan. Before issuance of any development permit, and before development begins on any site, the developer shall submit a drainage plan and obtain approval from the Land Use Administrator. Installation of Drainage System. The drainage system shall be installed concurrently with site development, and shall be completed as shown on the approved plan before City approval of an occu- pancy permit or final inspection. C. scope. 1. "Development permit" means: A building permit or other construction permit for a development which will result in more than 1000 square feet of previously uncovered land being covered with impervious surfacing. b. A grading permit, or a permit for a rockery or a retaining wall. c. Final approval of a subdivision, short subdivision or Planned Unit Development. "Development" means any change to a site which results in more than 1000 square feet of previously uncovered land being covered with impervious surfacing. Preliminary Drainage Proposal. Preliminary drain- age proposals are required with other required application materials for staff review for the following applications: - 2 - 1. Preliminary approval of a subdivision or short subdivision. 2. Approval of a Planned Unit Development. 3. Approval of any of the following permits which would allow any development on one lot: a. Conditional use permits. b. Variances. c. Shoreline permits. 15.20.030 CONTENTS OF DRAINAGE PLANS A drainage plan is a proposal for handling the water flowing through and falling on a site. The plan shall contain the following elements. Topographic Map. A topographic map drawn to scale showing the site, and all drainage areas from which water flows onto the site, with a calcula- tion of the acreage of the drainage areas. The site shall be shown in detail, and grading and clearing plans shall be included. Proposed Drainage System. Plans drawn to scale showing the improvements or other methods of hand- ling the runoff in accordance with the require- ments of Section 15.20.040, and cost estimates for the installation of the proposed system. Calculations. Calculations used to size the proposed drainage system, indicating the existing and proposed peak flow and amount of water enter- ing and leaving the site. Calculations of pro- posed conditions shall be shown for each major onsite facility affecting flow rates. Erosion Control. Measures proposed to control erosion, or other pollution of offsite property and surface water, both temporarily during con- struction and permanently after construction. Open Channels. If use of open channels or ponds is proposed, plans shall show the extent and elevation of the designed maximum water flow. A cross section shall be submitted, showing side wall construction and the designed maximum level of water flow, which shall be at least one foot below the edge of the channel. Preliminary Proposals. When a preliminary drain- age proposal is required to be submitted, it shall consist of a general description of how the appli- cant plans to comply with this chapter. Schedule. A time schedule for construction and inspection of the system, including clearing and grading. 15.20.040 DESIGN REQUIREMENTS Engineered Plans. All elements of a drainage plan Shall be prepared by a registered civil engineer and shall bear the seal and signature of the engi- neer, unless waived by the Land Use Administrator. - 3 - Peak Discharge Rate. The rate and amount of surface water leaving the property from the design storm after construction shall equal the rate and amount under natural conditions prior to develop- ment. This requirement may be met by retaining water for onsite disposal, by detaining water onsite for release offsite at the allowable rate, or by a combination of the two methods, provided the storage requirements are met, and the release rate shall not be greater than .05 cubic feet per second per acre of gross property area. Storage Requirements. At a minimum, the plan must provide for a volume of storage equal to four inches of storage for each square foot of com- pacted and impervious area developed on the property. Receiving Facilities. There shall be no change in location or capacity of existing facilities or natural features that receive offsite surface water entering the site. Discharge Facilities. Where possible, surface water discharge offsite shall be released at the same points that handled the runoff before con- struction, with no significant change in the proportion of water handled at each point. Where significant changes are necessary, downstream drainage facilities shall be improved to allow them to accommodate the increased drainage without damage to the drainage facilities, nearby property or water quality. F. Design Basis. All drainage calculations shall be based on a 100-year design rainstorm. Setbacks. All structures on the site shall be setback at least ten feet from any closed drainage facility, and at least 15 feet from the edge of any open drainage channel or pond. Water Quality. To the extent technically feasi- ble, as determined by the Land Use Administrator, the quality of water released offsite or disposed of onsite shall be at least as high as the pre- construction water quality. 15.20.050 MODIFICATIONS - VOLUNTARY AGREEMENT The Land Use Administrator may approve modifica- tions from the requirements of Section 15.20.040, if the applicant prepares a voluntary payment agreement to mitigate the storm water drainage impacts of the development; provided that no such agreement shall be required as a condition of approval. The decision to allow modifications shall be written, shall state the reasons for the decision, and shall be based on the following factors: 1. Capacity and condition of downstream facili- ties. 2. Effect on receiving bodies of water. 3. Significant damage from onsite disposal water. - 4 - Existence of regional retention or detention facilities or the likelihood such facilities will be built. Major difficulties in maintaining the drain- age system. The modifications to the requirement of this section shall provide, at a minimum for stormwater detention storage in the amount of two inches of storage volume for each square foot of compacted and impervious area and release of stored stormwater at a rate not to ex- ceed 0.1CFS per acre of gross property. Provided, however, that these requirements may be modified upon approval of the Land Use Administrator, if the storm- water can be discharged directly into Eagle Harbor or the Sound through existin9 stormwater channels suffici- ently large to handle the anticipated volume and flows from the subject property and surroundin9 areas. 15.20.060 REVIEW OF DRAINAGE PLANS Review. The Land Use Administrator shall review all plans for compliance with this chapter. Revision and resubmittal may be required. Fee. A review fee of $25.00 shall be paid for resi- dential development of a single faimly residence, duplex or triplex. All others shall pay a $100.00, plus $25.00 per hour for revlew time beyond four hours, plus actual expenses incurred by the City if it hires outside consultants. 15.20.070 PERFORMANCE BONDS Before beginning construction on the site, and before the City issues any construction permit for any site, the appli- cant shall post a performance bond or other suitable secur- ity in an amount set by the Land Use Administrator and on a form approved by the City attorney. A maintenance bond may be required before final approval of the drainage system. 15.20.080 MAINTENANCE Owner's Responsibility. The owner of the site shall maintain the onsite drainage system unless the City chooses to, according to specifications set by the Land Use Administrator before the final inspection is ap- proved. The owner shall keep records of the cost of maintenance. B. Failure to Maintain. Failure to maintain the onsite drainage system in accordance with this chapter and the approved spe- cifications shall be punishable as a misdemeanor. In addition, the Land Use Administrator may notify the owner of the violation in writing, which no- tice may set a reasonable time for compliance. The Land Use Administrator may extend the time limit for reasonable cause. The notice shall also contain an explanation of subsection 2 below. If the owner fails to correct the violation within the time llmit, the Land Use Administrator may cause the violation to be corrected at City expense, and blll the owner for two times the - 5 - direct cost to the City. This bill shall be a lien on the property. City Inspection. The Land Use Administrator may in- spect the maintenance of the system from time to time, but shall have no duty to inspect at regular intervals. The owner shall allow the Director free access to all parts of the system for purposes of inspection during normal working hours or in an emergency. Owner's Covenant. The owner shall grant the City a covenant incorporating the provisions of subsection B and C above unless the City assumes the maintenance. The covenant shall include a clause releasing, indemni- fying and holding harmless the City from any and all claims for damages or injunctive relief of whatever nature resulting from the construction, operation or maintenance of the drainage system. The City may record the covenant at the owner's expense to give notice to later owners of the site. City's Option. If the Land Use Administrator recom- mends that the City assume the maintenance of a drain- age system, because the system provides a public bene- fit, the City Council may approve the maintenance of the system at the end of the first two year maintenance period. Before the Council approves the system, the Land Use Administrator shall: Determine by inspection that the system has been satisfactorily completed according to the approved plan. 2. Review and report to the Council the owner's re- cord of system expenses over the two-year period. 3. Obtain deeds or easements from the owner to allow the City to maintain the system. 15.20.090 GOVERNMENTAL ENTITIES Any governmental entity beginning a development in the City shall comply with this chapter. 15.20.100 VOLUNTARY AGREEMENTS Amount. The Land Use Administrator is authorized to accept voluntary agreements to pay a portion of the cost of constructin9 regional stormwater facilities. The amount of contribution shall be sufficient to miti- gate the direct impacts of the development. The amount of contribution shall be determined on a case-by-case basis, but the Land Use Administrator shall use as a 9uide the following: Basin Impact Cost/Acre Basin A - Sportsman Club Basin B - Weaver Road/Grow Ave. Basln C - Madison Avenue Basin D - The Canyon Basin E - Wing Point Way Basin F - Wing Polnt $2 000.00 $2 500.00 $4 260.00 $1 760.00 $2 840.00 $1 420.00 The Land Use Administrator is authorized to adjust these 9uidelines periodically based on the Engineerin9 News index of construction cost or similar construction cost index. - 6 - Computation. These impact contributions shall be com- puted on the basis of the gross acreage, or fraction thereof, of the property for which a development permit is requested. Appropriate adjustments shall be given if the property is being developed to less than maxlmum density permitted under the Winslow Municipal Code and/ or for construction of stormwater retention/detention or transmission facilities, which, in the opinlon of the Land Use Administrator, lessen the requirements for construction of stormwater facilities by the City. Payment shall be made prior to final City approval of the development. Credit for LID. At such tlme as an LID or ULID is formed to construct all of part of the improvements for which the contributions have been made, any contribu- tions made under this section by an affected property shall, to the extent allowed by law, be credited to that property's assessment under the LID up to the amount of assessments. Expenditure of Funds. The contribution shall be held in a reserve account and may be expended to fund a capital improvement agreed upon by the applicant. The contribution shall be expended within five years, unless otherwise agreed by the applicant. 15.20.110 OTHER MEASURES The Land Use Administrator may require a property owner to take measures other than those listed in this chap- ter to protect the public health, safety and welfare from imminent dangers caused by erosion, flooding and other dralnage related problems. 15.20.120 APPEALS Any decision of the Land Use Administrator may be appealed to the City Council by filing a written notice of appeal with the City Clerk withln 15 days of the decision being appealed. In considering the appeal, the Council shall be guided by the same criteria as set forth in this chapter for the Land Use Administrator. The decision of the Clty Council shall be final unless appealed to the Kitsap County Superior Court within 15 days of the Council's decision. Section 2. Sections 15.04.100, .110 and .120 are hereby repealed; provided that this section shall not affect any person for whom a building permit has issued and who has paid the surcharge imposed by Section 15.04.100. Section 5. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutlon- al by a court of competent jurisdiction, such invalidity or un- constitutionality shall not affect the validity or constitution- ality of any other section, sentence, clause or phrase of this ordinance. - 7 - Section 4. This omdinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force flve (5) days after the date of publication. APPROVED: MAYOR, ALICE B. TAWRES~Y / ATTES P/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: August 13, 1985 PASSED BY THE CITY COUNCIL: August 15,1985 PUBLISHED: August 21, 1985 EFFECTIVE DATE: August 26, 1985 ORDINANCE NO. 85-13 - 8 -