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ORD 2005-10 SURFACE AND STORMWATER MANAGEMENT Ordinance #2005-10 Stormwater Ordinance November 22, 2005 ORDINANCE 2005-10 An Ordinance of the City of Bainbridge Island, relating to Surface and Stonnwater Management; amending Chapter 15.20 of the Bainbridge Island Municipal Code. WHEREAS, the City Council wishes to enact standards for surface and stonnwater management consistent with Department of Ecology guidelines, and WHEREAS, stonnwater pollution is a problem associated with land utilization and development and the common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, pet wastes and numerous others, and WHEREAS, land utilization and development is also known to increase both the volume and duration of peak flows, and the resulting erosion, scouring, and deposition of sediment affect the ecological balance in the stream, and WHEREAS, sedimentation and stormwater pollution cause diversity of species to decrease and allows more tolerant (and usually less desirable) species to remain, and WHEREAS, stonnwater pollution can cause or contribute to closures of shellfish beds and swimming beaches and other restrictions on public use ofthe waters within Bainbridge Island, and WHEREAS, an expanding population and increased development of land have led to water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including without limitation, insect and weed control compounds, and WHEREAS, an expanding population and increased development of land have increased drainage and stonn and surface water runoff problems within the City; and safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways, and WHEREAS, continuation of present stonnwater management practices, to the extent that they exist, will lead to water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the City, and WHEREAS, in the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for st0l111water quality and quality controls, and H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ St0I111water Ordinance clean 112205.doc Page 1 of 11 Ordinance #2005-10 Stormwater Ordinance November 22, 2005 WHEREAS, stonTIwater quality and quality control can be achieved when land is developed or redeveloped by implementing appropriate and approved best management practices (BMPs), and WHEREAS, best management practices can be expected to perform as intended only when properly designed, constructed and maintained; now therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. follows: Section 15.20.020 of the Bainbridge Island Municipal Code is amended as 15.20.020 Definitions 1. "Manual" means the manual adopted by reference and prepared by the Washington State Department of Ecology, dated February, 2005, Stormwater Management Manual for Western Washington, Publication Number 05-10-029 through 05-10-033. Section 2. follows. Section 15.20.030 of the Bainbridge Island Municipal Code is amended as 15.20.030 General provisions. A. Procedures. The Department of Public Works/Engineering Department is authorized to adopt written procedures for the purpose of carrying out the provisions of this Chapter. Prior to fulfilling the requirements of this Chapter, the Administrator or assigns shall not grant any approval or pernlission to conduct a regulated activity, including but not limited to, the following: 1. Building Pernlits, Commercial or Residential; 2. Comprehensive Plan Amendments; 3. Conditional Use Permits; 4. Final Plats (Short/Long/Large lot); 5. Forest Practices; 6. Grading or Clearing Permits; 7. Planned Unit Developments; 8. Plats; a. Subdivide, preliminary and final (Short/Long/Large lot); 9. Preliminary Plats (short, long, large lot); 10. Reasonable Use Exceptions; 11. Right of Way Permits; 12. Shoreline substantial development pernlits; 13. Shoreline Variance/Shoreline Conditional Use Permits 14. Site Plan Reviews; H:\City Exchange\Ordinances\2005 Ordinances\Ord 2005-10 Stonnwater Ordinance clean 112205.doc Page 2 of 11 Ordinance #2005-10 Stormwater Ordinance November 22, 2005 15. Variances; 16. Zone reclassification (rezones); or 17. Any subsequently adopted permit or required approval not expressly exempted by this chapter. B. The following agencies may also require a drainage review to assess a site's impact. Any requirements imposed by these agencies are separate from the City mandates. It is the applicant's sole responsibility to resolve any conflicting issues that may arise from submittal reviews. 1. U.S. Anny Corps of Engineers; 2. Washington State Department of Natural Resources; 3. Bremerton Kitsap County Health District; 4. Washington State Department of Ecology: General Permit is required for sites that disturb one acre or more; 5. Washington State Department ofFish and Wildlife; 6. Washington State Department of Transportation. Section 3. follows: Section 15.20.040 of the Bainbridge Island Municipal Code is amended as 15.20.040 Regulated activities and allowed activities A. Regulated Activities. Consistent with the minimum requirements contained in the Manual, the Administrator shall approve or disapprove the following activities, unless exempted the Manual, Vol. I, Section 2.8: 1. New Development a) Land disturbing activities; b) Structural development, including construction; installation or expansion of an existing building or other structure; c) Creation of new impervious surfaces greater than 800 square feet; d) Class IV General Forest Practices that are conversions from timber land to other uses; and e) Subdivision, short subdivision and binding site plans, as defined in Chapter 58.17.020 RCW. 2. Redevelopment a) On an already developed site, the creation or addition of impervious surfaces; structural development including construction, installation or expansion of a building or other structure; any land disturbing activity, and/or replacement of impervious surface (that is not part of a routine maintenance activity) and land disturbing activities associated with structural or impervious redevelopment. H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ Stonnwater Ordinance clean 112205.doc - - Page 3 of 11 Ordinance #2005-10 Storrnwater Ordinance November 22, 2005 Section 4. follows: Section 15.20.050 of the Bainbridge Island Municipal Code is amended as 15.20.050 General Requirements. A. Stormwater Management Manual Adopted. The February 2005 edition of Washington State Department of Ecology's Stornlwater Management Manual for W estern Washington is hereby adopted by reference and is hereinafter referred to as the Manual; provided that certain provisions of the Manual are amended as stated in BIMC 15.20.060. B. Illicit discharges. Illicit discharges to stormwater drainage systems are prohibited. Concrete, concrete by-products, vehicle fluids, paint, chemicals or other polluting matter shall never be pernlitted to discharge from the parcel or construction site to the natural or constructed drainage system of the City, to Puget Sound, or to adjacent properties. Pollution ofthe natural and constructed drainage system of the City is incompatible with RCW 90.48 and is punishable by fines. Section 5. follows: Section 15.20.060 of the Bainbridge Island Municipal Code is amended as 15.20.060 Approval Standards. A. In Volume J, Section 2.3 of the Manual, "Definitions Related to Minimum Requirements", the definition of "Threshold Discharge Area" is not adopted. B. In Volume ]I, Section 2.5.6 of the Manual, "Minimum Requirement #6 Runoff Treatment", and Section 2.5.7, "Minimum Requirement #7 Flow Control" and Section 4.2, "BMP and Facility Selection Process", references to Threshold Discharge Area are deleted. C. In Volume I, Section 2.3 of the Manual, "Definitions Related to Minimum Requirements", the definition for "pollution-generating impervious surface" is amended to exclude all paved bike lanes, either separated from or connected to driving surfaces. D. In Volume J, Section 2.4.1 of the Manual, "New Development" is amended to read as follows: All new development that shall be required to comply with Minimum Requirement #2. In addition, new development that exceeds certain thresholds shall be required to comply with additional Minimum Requirements as follows. The following new development shall comply with Minimum Requirements #1 through #5: 1. Creates or adds 800 square feet, or greater, of new, replaced, or new plus replaced impervious surface area, or 2. Has land disturbing activity of 7,000 square feet or greater, H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ Stormwater Ordinance clean 11220S.doc - - Page 4 of 11 Ordinance #2005-10 Stormwater Ordinance November 22, 2005 The following new development shall comply with Minimum Requirements #1 through 10: 1. Creates or adds 5,000 square feet, or more, of new impervious surface area, or 2. . Converts % acres, or more, of native vegetation to lawn or landscaped areas, or 3. Converts 2.5 acres, or more, of native vegetation to pasture. E. In Volume I, Section 2.4.2 of the Manual, "Redevelopment", is amended to read as follows: All redevelopment shall be required to comply with Minimum Requirement #2. In addition, all redevelopment that exceeds certain thresholds shall be required to comply with additional Minimum Requirements as follows. The following redevelopment shall comply with Minimum Requirements #1 through #5 for the new and replaced impervious surfaces and the land disturbed: 1. The new, replaced, or total of new plus replaced impervious surfaces is 800 square feet or more, or 2. 7,000 square feet or more ofland disturbing activities. The following redevelopment shall comply with Minimum Requirements #1 through 10 for the new impervious surfaces and convelied pervious areas: 1. Adds 5,000 square feet or more of new impervious surfaces or, 2. Converts % acres, or more, of native vegetation to lawn or landscaped areas, or 3. Converts 2.5 acres, or more, of native vegetation to pasture. If the runoff from the new impervious surfaces and converted pervious surfaces is not separated from runoff from other surfaces on the project site, the stomlwater treatment facilities must be sized for the entire flow that is directed to them. The Administrator may allow the Minimum Requirements to be met for an equivalent (flow and pollution characteristics) area within the same site. For public roads' projects, the equivalent area does not have to be within the project limits, but must drain to the same receiving water. Additional Requirements for the Proiect Site For road-related projects, runoff from the replaced and new impervious surfaces (including pavement, shoulders, curbs, and sidewalks) shall meet all the Minimum Requirements if the new impervious surfaces total 5,000 square feet or more and total 50% or more of the existing impervious surfaces within the project limits. The project limits shall be defined by the length of the project and the width of the right-of-way. Other types ofredevelopment projects shall comply with all the Minimum Requirements for the new and replaced impervious surfaces if the total of new plus replaced impervious surfaces is 5,000 square feet or more, and the valuation of proposed improvements- H:\City ExchangelOrdinances\2005 Ordinances\Ord _2005-10_ Stormwater Ordinance clean 112205.doc - - Page 5 of 11 Ordinance #2005-10 Stormwater Ordinance November 22, 2005 including interior improvements ~ exceeds 50% of the assessed value of the existing site improvements. F. In Volume 1, Section 2.5.10 of the Manual, "Minimum Requirement #10: Operation and Maintenance", is amended to read as follows: An operation and maintenance manual that is consistent with BIMC 15.21 and the provisions in Volume V of this manual shall be provided for all proposed stonnwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. At private facilities, a copy of the manual shall be retained onsite or within reasonable access to the site, and shall be transferred with the property to the new owner. For public facilities, a copy of the manual shall be retained in the Public Works Department A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection by the Administrator. G. In Volume I, Section 2.6.1 of the Manual, "Financial Liability/Bonding", is not adopted. H. In Volume I, Section 2.6.2 of the Manual, "Optional Guidance # 2 Off Site Analysis and Mitigation" and Volume 1, Section 3.1.3, "Perform an Offsite Analysis" are adopted by reference and established for projects creating 5,000 square feet or more of impervious area. 1. In Volume 1, Section 2.6.2 of the Manual, "Optional Guidance #2: Off Site Analysis and Mitigation Development", is amended to read as follows. Development projects that discharge stormwater offsite shall submit an offsite analysis report that assesses the potential off-site water quality, erosion, slope stability, and drainage impacts associated with the project and that proposes appropriate mitigation of those impacts. An initial qualitative analysis shall extend downstream for the entire flow path from the project site to the receiving water or up to one mile, whichever is less. If a receiving water is within one-quarter mile, the analysis shall extend within the receiving water to one-quarter mile from the project site. The analysis shall extend one- quarter mile beyond any improvements proposed as mitigation. The analysis must extend upstream to a point where any backwater effects created by the project cease. Upon review of the qualitative analysis, the local administrator may require that a quantitative analysis be perfonned. The existing or potential impacts to be evaluated and mitigated shall include: 1. Conveyance system capacity problems; 2. Localized flooding; 3. Upland erosion impacts, including landslide hazards; 4. Stream channel erosion at the outfall location; 5. Violations of surface water quality standards as identified in a Basin Plan or a TMDL (Water Clean-up Plan); or violations of ground water standards in a wellhead protection area. H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ Stormwater Ordinance clean 112205.doc - - Page 6 of 11 Ordinance #2005-10 Stormwater Ordinance November 22,2005 Projects shall be required to initially submit, with the permit application, a qualitative analysis of each downstream system leaving a site. The analysis should accomplish four tasks: Task 1 - Define and map the study area Submission of a site map showing property lines; a topographic map (at a minimum a USGS I :24000 Quadrangle Topographic map) showing site boundaries, study area boundaries, downstream flowpath, and potential/existing problems. Task 2 - Review all available information on the study area This should include all available basin plans, ground water management area plans, drainage studies, floodplain!Jloodway FEMA maps, wetlands inventory maps, Critical Areas maps, stream habitat reports, salmon distribution reports, etc. Task 3 - Field inspect the study area The design engineer should physically inspect the existing on- and offsite drainage systems of the study area for each discharge location for existing or potential problems and drainage features. An initial inspection and investigation should include: 1. Investigate problems reported or observed during the resource review; 2. Locate existing/potential constrictions or capacity deficiencies in the drainage system; 3. Identify existing/potential flooding problems; 4. Identify existing/potential overtopping, scouring, bank sloughing, or sedimentation; 5. Identify significant destruction of aquatic habitat (e.g., siltation, stream incision); 6. Collect qualitative data on features such as land use, impervious surface, topography, soils, presence of streams, wetlands; 7. Collect infonnation on pipe sizes, channel characteristics, drainage structures; 8. Verify tributary drainage areas identified in Task 1; 9. Contact the local government office with drainage review authority, neighboring property owners, and residents about drainage problems; and 10. Note date and weather at time of inspection. Task 4 - Describe the drainage system, and its existing and predicted problems For each drainage system component (e.g., pipe, culvert, bridges, outfalls, ponds, vaults) the following should be covered in the analysis: location, physical description, problems, and field observations. All existing or potential problems (e.g., ponding water, erosion) identified in tasks 2 and 3 above should be described. The descriptions should be used to determine whether adequate mitigation can be identified, or whether more detailed quantitative analysis is necessary. The following information should be provided for each existing or potential problem: 1. Magnitude of or damage caused by the problem; 2. General frequency and duration; 3. Return frequency of storm or flow when the problem occurs (may require quantitative analysis); H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ Stonnwater Ordinance clean 112205.doc - - Page 7 of 11 Ordinance #2005-10 Storrnwater Ordinance November 22, 2005 4. Water elevation when the problem occurs; 5. Names and concerns of parties involved; 6. Current mitigation of the problem; 7. Possible cause of the problem; and 8. Whether the project is likely to aggravate the problem or create a new one. Upon review of this analysis, the Administrator may require mitigation measures deemed adequate for the problems, or a quantitative analysis, depending upon the presence of existing or predicted flooding, erosion, or water quality problems, and on the proposed design of the onsite drainage facilities. The analysis should repeat Tasks 3 and 4 above, using quantitative field data including profiles and cross-sections. The quantitative analysis should provide infonnation on the severity and frequency of an existing problem or the likelihood of creating a new problem. It should evaluate proposed mitigation intended to avoid aggravation of the existing problem and to avoid creation of a new problem. J. In Volume I, Section 2.7 of the Manual, "Adjustments", is amended to read as follows: Adjustments to the Minimum Requirements may be granted prior to permit approval and construction. The Administrator may grant an adjustment provided that a written finding of fact is prepared, that addresses the following: 1. The adjustment provides substantially equivalent environmental protection. 2. The objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are met. K. In Volume III, Section 3.1.2 of the Manual, "Downspout Dispersion Systems", is not adopted. L. In V o\ume III, Section 3.1.3 of the Manual, "Perforated Stub-out Connections", is not adopted. M. In Volume III, Section 3.2 of the Manual. Figure 3.12, "Pond Signage", is amended to include the following language: "Developers shall provide the required signage for constructed ponds as a part of the project." N. In Volume V: Section 4.3 "Setbacks, slopes and embankments", is amended to include the following language: All stornlwater facilities and infiltration systems constructed within 200 feet of a geohazard area shall have the concurrence of a Geotechnical Engineer. O. In Volume V, Section 5.3.1 of the Manual, "BMP T 5.10 Downspout Dispersion" is not adopted. H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ Stormwater Ordinance clean 112205.doc Page 8 of 11 Ordinance #2005-10 Stormwater Ordinance November 22, 2005 P. In Volume V, Section 5.3.2 of the Manual, "BMP T 5.21 Better Site Design: Build Narrower Streets" is amended to include the following language: Streets and roadways must, however, comply with City of Bainbridge Island Design and Construction Standards and Specifications unless an exception is granted in writing by the Administrator. Q. In Volume V, Section 5.3.3 of the Manual, "BMP T 5.30 Full Dispersion" is not adopted. R. In Volume V of the Manual, Chapter 12, "Emerging Technologies", is not adopted. Section 6. follows: Section 15.20.070 of the Bainbridge Island Municipal Code is amended as 15.20.070 Administration. A. Administrator The Public Works Director or a designee shall administer this ordinance and shall be referred to as the Administrator. The Administrator shall have the authority to develop and implement administrative procedures to administer and enforce this ordinance. B. Review and Approval. The Administrator may approve, conditionally approve or deny an application for activities regulated by this ordinance. C. Enforcement Authority. The administrator shall enforce this ordinance. D. Inspection. All activities regulated by this ordinance, except those exempt in Volume I, Section 2.8 of the Manual, "Exceptions and Variances shall be inspected by the Administrator. The Administrator shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of BMPs, land disturbing activities, installation of utilities, permanent storm water control facilities, landscaping, retaining walls and completion of project. When required by the Administrator, a special inspection and/or testing shall be performed Section 7. follows: Section 15.20.080 of the Bainbridge Island Municipal Code is amended as 15.20.080 Enforcement. Enforcement action shall be in accordance with Bainbridge Island Municipal Code Chapter 1.26, whenever a person has violated any provision of this Chapter. The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith ofthe person subject to the enforcement action, H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ Stormwater Ordinance clean 112205.doc - - Page 9 of 11 Ordinance #2005-10 Stormwater Ordinance November 22,2005 Section 8. follows: Section 15.20.090 of the Bainbridge Island Municipal Code is amended as 15.20.090 Exceptions A. Exceptions may be granted prior to pefilit approval and construction. The Administrator may grant an exception following public notice in accordance with the administrative code for the State Environmental Policy Act (SEP A) provided that a written finding of fact is prepared, that addresses the following: 1. The exception provides substantially equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; AND 2. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel ofland in question, and every effort to find creative ways to meet the intent of the minimum requirements has been made; AND 3. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of water of the state; AND 4. The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements. 5. Utilization of Low Impact Development (LID) practices will be encouraged to address exceptions of A through D above. Each proposed LID practice will be evaluated on a case by case: basis by the Administrator. B. Prior Approval. Any exception shall be approved prior to permit approval and construction. C. Duration of Exception. Exceptions granted shall be valid for two years, unless granted for a shorter period. D. Right of Appeal. All actions of the City Council shall be final and conclusive, unless within twenty (20) days of the date of the City Council action, the original applicant or an adverse party gives written notice of appeal to the City Council for review of the action. H:\City Exchange\Ordinances\2005 Ordinances\Ord ~ 2005-1 0 ~ Stormwater Ordinance clean ll2205.doc ~ ~ Page 10 of 11 Ordinance #2005-10 Storrnwater Ordinance November 22, 2005 Section 9. This ordinance shall be effective five days after passage, approval and publication as required by law. PASSED by the City Council this 22nd day of November, 2005. APPROVED by the Mayor this 23rd day of November, 2005. ~~/~vU~ Darlene Kordonowy, Mayor I ~ ATTrsT/AUTHEN.!ICATE: ,~~^-" V~ /~-f~L- Susan Kasper, City Clerk APPROVED AS TO FORM: Rod Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: 2005-10 November 2, 2005 November 22, 2005 November 30, 2005 December 5, 2005 H:\City Exchange\Ordinances\2005 Ordinances\Ord _2005-10_ Stormwater Ordinance clean 112205.doc - - Page 11 of 11