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Ordinance No. 2022-11 Revising Chaper 15.20 BIMC re Stormwater Mgmt Revised (Adopted 061422)Page 1 of 7 ORDINANCE NO. 2022-11 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to amending Chapter 15.20 and other provisions of the Bainbridge Island Municipal Code to adopt and incorporate the 2019 Stormwater Management Manual for Western Washington and remain in compliance with the City’s NPDES permit; providing for severability; and establishing an effective date of June 30, 2022. WHEREAS, the City Council adopted Chapter 15.20 to Title 15 of the Bainbridge Island Municipal Code (“BIMC”) on February 4, 1999, and amended it on November 22, 2005, August 12, 2013, and December 12, 2016; and WHEREAS, the City Council adopted Ordinance No. 2016-28, which incorporated the 2012 Department of Ecology Stormwater Management Manual for Western Washington; and WHEREAS, the Department of Ecology updated the Stormwater Management Manual for Western Washington in 2019 (“2019 Stormwater Management Manual”); and WHEREAS, the City Council desires to amend the BIMC to update the standards for surface and stormwater management to be consistent with Department of Ecology guidelines as provided in the 2019 Stormwater Management Manual; and WHEREAS, the City Council also desires to amend the standards for surface and stormwater management to comply with the City’s National Pollutant Discharge Elimination System (“NPDES”) Municipal Stormwater Discharge Permit (see, e.g., S5.C6); and WHEREAS, on June 14, 2022, the City Council held a public hearing on this Ordinance No. 2022-11 related to adoption of the 2019 Stormwater Management Manual in order to receive public comment regarding the updates to stormwater regulations; and WHEREAS, after considering public testimony and other public comment received regarding this Ordinance No. 2022-11 related to updating the BIMC to incorporate the 2019 Stormwater Management Manual, the City Council determined on June 14, 2022 to adopt the 2019 Stormwater Management Manual, and to amend and update related provisions in the BIMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Page 2 of 7 Section 1. Adoption of Findings. The recitals set forth above are hereby adopted as part of the Bainbridge Island City Council’s findings justifying the revisions to the Bainbridge Island Municipal Code adopted by this ordinance. Section 2. Adoption of 2019 Stormwater Management Manual for Western Washington. A. The City hereby adopts the 2019 Stormwater Management Manual for Western Washington as published by the Washington State Department of Ecology (“2019 Stormwater Management Manual”). B. In addition to the revisions to Chapter 15.20 of the Bainbridge Island Municipal Code (“BIMC”) set forth below, this ordinance hereby amends, updates, and supersedes each and every reference in the BIMC to the Washington State Department of Ecology Stormwater Management Manual for Western Washington, as so stated or as reasonably inferred from the text and the context (e.g., if the full title of the Stormwater Manual is not so described) to mean the 2019 Stormwater Management Manual. The intent of this ordinance is to ensure that the City is implementing and enforcing stormwater regulations consistent with, and as required by, the Federal Water Pollution Control Act (also known as the Clean Water Act), 33 U.S.C. §§ 1251 et seq., and the National Pollutant Discharge Elimination System (“NPDES”) permitting program established by the Act. The State of Washington has directed the City and other local governments to implement these stormwater regulations to comply with the NPDES permitting program, and such regulations are mandatory state regulations, rather than discretionary local regulations. Section 3. Section 15.20.050 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 15.20.050 General requirements. A. Stormwater Management Manual Adopted. The Washington State Department of Ecology’s 20122019 Stormwater Management Manual for Western Washington, as amended in 2014, is hereby adopted by reference and is hereinafter referred to as the stormwater manual; provided, that certain provisions of the stormwater manual are amended as stated in BIMC 15.20.060. B. Illegal discharges and illegal connections to the stormwater drainage system are prohibited by Chapter 15.22 BIMC. C. Low Impact Development Manual Adopted. The 2012 Low Impact Development (LID) Technical Guidance Manual for Puget Sound is hereby adopted by reference and is hereinafter referred to as the LID manual. Section 4. Section 15.20.060 of the Bainbridge Island Municipal Code is hereby amended to read as follows: Page 3 of 7 15.20.060 Approval standards. A. City-Specific Standards. The city amends the standards adopted as part of the stormwater manual (summarized in subsection B of this section) as follows: 1. Instead of following the Better Site Design BMP (BMP T5.41) in Volume V, Section 5.3.2 V-2 of the stormwater manual, conduct a site assessment following the guidance in the LID manual adopted in BIMC 15.20.050. Comply with the city of Bainbridge Island design and construction standards for streets and roadways unless an exception is granted in writing by the administrator. 2. The hard surface threshold for triggering Minimum Requirements No. 1 through 5 for new development and redevelopment (Volume I, Section I-3.3) is reduced from 2000 square feet to 800 square feet or greater of new plus replaced hard surface area. 3. Projects that discharge directly, or indirectly through a stormwater drainage system, to Puget Sound are required to implement the full list of on-site stormwater management BMPs on List No. 1 or List No. 2 (see subsection B.2 of this section). 43. Optional Guidance No. 1 Volume I, Section 3.5.2 Additional Protective Measure (“APM”) 1, Financial Liability, is not adopted. 54. Optional Guidance Volume I, Section 3.5.1 APM No. 2, Off Site Analysis and Mitigation, and Volume I,III, Section 3.12.3, Perform an Offsite Analysis, is required for new development and redevelopment projects creating 5,000 square feet or more of hard surface area. 65. InVolume I, Section 2.73.6.1of the stormwater manual, Adjustments to the MRs, is not adopted. 7. The use of threshold discharge areas, as defined by the stormwater manual, is not adopted. 86. InVolume IIIV, Section 3.2 of the stormwater manual, Figure 3.2.4, Example of Permanent Surface Water Control Pond Sign BMP D.1 Detention Ponds, Signage section under Design Criteria, is amended to include the following language: City of Bainbridge Island specific Ssignage for constructed ponds is required to be provided by the developer as a part of the project. Contact the City Stormwater Management Program Coordinator to obtain approved sign specifications for a permanent surface water control pond, which will include to determine the pond name, pond number, and telephone number to include on the sign. Page 4 of 7 97. InVolume V, Section 4.3.11.2, Setbacks, Slopes, and Embankments is amended to add the following language after the first paragraph in the Setbacks section: delete the current text and replace with the following language: Chapter 16.20 BIMC defines “Zone of Influence” as it relates to moderate and steep slopes. A Geotechnical Engineer is required to evaluate a project stormwater site plan that proposes land disturbance, changes in land use, or changes in site hydrology within the zone of influence of any geologically hazardous area as defined in Chapter 16.20 BIMC.all stormwater facilities and infiltration systems proposed within 200 feet of a geologically hazardous area. 108. The City utilizes the Rain Garden Handbook for Western Washington: A Guide for Design, Installation and Maintenance (Hinman et al., 2013). Volume V, Section V-11 of the stormwater manual, BMP T5.14 Rain Gardens, is modified to add the following text to the end of the first paragraph of the Design Guidelines section: The 2013 Rain Garden Handbook for Western Washington supplements the Rain Garden (BMP T5.14A) design guidelines in the stormwater manual for projects triggering Minimum Requirements No. 1 through 5. Use the “Good (80%)” performance level for Rainfall Region 3 in the Rain Garden Sizing Chart in the Rain Garden Handbook for Western Washington at a minimum. “Better (95%)” performance level is preferred. B. Stormwater Manual Standards. The stormwater manual adopted in BIMC 15.20.050 includes the following nine minimum requirements: 1. Minimum Requirement No. 1 – Preparation of Stormwater Site Plans. 2. Minimum Requirement No. 2 – Construction Stormwater Pollution Prevention. 3. Minimum Requirement No. 3 – Source Control of Pollution. 4. Minimum Requirement No. 4 – Preservation of Natural Drainage Systems and Outfalls. 5. Minimum Requirement No. 5 – On-Site Stormwater Management. 6. Minimum Requirement No. 6 – Runoff Treatment. 7. Minimum Requirement No. 7 – Flow Control. 8. Minimum Requirement No. 8 – Wetlands Protection. 9. Minimum Requirement No. 9 – Operations and Maintenance. The following is a summary of the general thresholds included in the stormwater manual with modifications based on the city-specific standards provided in subsection A of this section. Specific thresholds are also summarized for Minimum Requirements No. 5, 6, and 7. The stormwater manual includes additional comprehensive guidance regarding implementation of these thresholds. 1.Overall project thresholds include the following: Applicable Requirements New Development Redevelopment Minimum Requirement No. 2 (Construction Stormwater Pollution Prevention) All projects All projects Page 5 of 7 Applicable Requirements New Development Redevelopment Minimum Requirements Nos. 1 – 5 ≥ 1,300 sf new plus replaced hard surface area1, or ≥ 7,000 sf land disturbing activity, or Land disturbing activity covering ≥ 35% of the site ≥ 800 sf new plus replaced hard surface area1, or ≥ 7,000 sf land disturbing activity, or Land disturbing activity covering ≥ 35% of the site Minimum Requirements Nos. 1 – 9 ≥ 5,000 sf new plus replaced hard surface area, or ≥ 3/4 acre of vegetation converted to lawn or landscaped areas, or ≥ 2.5 acres of native vegetation converted to pasture ≥ 5,000 sf new hard surface area, or ≥ 3/4 acre of vegetation converted to lawn or landscaped areas, or ≥ 2.5 acres of native vegetation converted to pasture, or ≥ 5,000 sf of new plus replaced hard surface AND New hard surface is ≥ 50% of the existing hard surface within the project limits (road-related projects), or Proposed improvements are > 50% of the assessed value of the existing site improvements Optional Guidance No. 2: Off-Site Analysis and Mitigation ≥ 5,000 sf of hard surface area2 ≥ 5,000 sf of hard surface area2 1 – City-specific threshold for new development and redevelopment. 2 – City-specific threshold for off-site analysis and mitigation. 2.Thresholds related to Minimum Requirement No. 5 (Volume I, Section 2.5.5 of the stormwater manual) include the following: Applicable Requirements New Development and Redevelopment List No. 1 Thresholds for Minimum Requirements No. 1 – 5 summarized in BIMC 15.20.060.B.1 List No. 2 Thresholds for Minimum Requirements No. 1 – 9 summarized in BIMC 15.20.060.B.1 LID Performance Standard Optional, but can be used instead of List No. 1 or List No. 2 as specified above BMP T5.13 (Post Construction Soil Quality and Depth) Required for disturbed pervious areas Page 6 of 7 Applicable Requirements New Development and Redevelopment Direct Discharge to Puget Sound Projects discharging directly to, or indirectly through a stormwater drainage system, to Puget Sound are required to evaluate the full list of on-site stormwater management BMPs on List No. 1 or List No. 2 1 1 – City-specific requirement for direct discharges. 3. Thresholds related to Minimum Requirement No. 6 (Volume I, Section 2.5.6 of the stormwater manual) include the following: Applicable Requirements New Development and Redevelopment Stormwater Treatment Facility ≥ 5,000 sf pollution-generating hard surfaces (PGHS), or ≥ 3/4 acre of pollution-generating pervious surfaces (PGPS) Oil Control High-use sites Phosphorus Treatment Not applicable at this time Enhanced Treatment Industrial project sites, commercial project sites, multifamily project sites, and high AADT roads1 that: 1) Discharge directly to fresh waters or conveyance systems tributary to fresh waters designated for aquatic life use or that have an existing aquatic life use; or 2) Use infiltration strictly for flow control – not treatment – and the discharge is within 1/4 mile of a fresh water designated for aquatic life use or that has an existing aquatic life use Basic Treatment All sites meeting the stormwater treatment facility thresholds listed above for PGHS or PGPS 1 – High AADT roads are designated as ≥ 15,000 (fully controlled and partially controlled limited access highways) and ≥ 7,500 (all other roads). 4. Thresholds related to Minimum Requirement No. 7 (Volume I, Section 2.5.7 of the stormwater manual) include the following: Applicable Requirements New Development and Redevelopment Flow Control Facility ≥ 10,000 sf effective impervious surface, or ≥ 3/4 acre of vegetation converted to lawn or landscaped areas, or ≥ 2.5 acres of native vegetation converted to pasture, or ≥ 0.15 cfs increase in the 100-year flow frequency (using a 15-minute time step) Direct Discharge Exemption Flow control facilities are not required for direct discharges, or indirect discharges through a stormwater drainage system, to Puget Sound Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption Page 7 of 7 shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect and be in force on June 30, 2022, after its passage and publication as required by law. PASSED by the City Council this 14th day of June, 2022. APPROVED by the Mayor this 14th day of June, 2022. Joe Deets, Mayor ATTEST/AUTHENTICATE: Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: May 20, 2022 PASSED BY THE CITY COUNCIL: June 14, 2022 PUBLISHED: June 24, 2022 EFFECTIVE DATE: June 30, 2022 ORDINANCE NUMBER: 2022-11