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ORDINANCE NO. 6 2 8 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 12.04.010, 13.41.010, 13.48.010,
13.48.180, 13.48.210, AND 13.48.225 OF THE
AUBURN CITY CODE; CREATING A NEW SECTION
13.48.226 OF THE AUBURN CITY CODE;
AMENDING SECTIONS 13.48.230 AND 13.48.250
OF THE AUBURN CITY CODE; REPEALING
SECTION 13.48.260 OF THE AUBURN CITY CODE;
AND AMENDING SECTIONS 13.48.290, 13.48.440,
15.74.030, AND 15.74.050 OF THE AUBURN CITY
CODE; ALL RELATING TO ADOPTION AND
IMPLEMENTATION OF A SURFACE WATER
MANAGEMENT MANUAL
WHEREAS, the National Pollutant Discharge Elimination System
(NPDES) Phase II permit under which the City discharges stormwater requires
the City to adopt various standards and procedures for stormwater management;
and
WHEREAS, the City has prepared a SurFace Water Management Manual
to implement those permit requirements; and ,
WHEREAS, adoption of such a manual would require changes to various
sections of the City Code to bring its provisions in line with the manual; and
WHEREAS, the City Council finds that adoption of the Surface Water
Management Manual and its accompanying code changes will enhance the
public health, safety, and welfare by protection of the environment,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6283
December21, 2009
Page 1 of 22
,
. Section 1. Amendment to City Code. That section 12.04.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
12.04.010 Adoption of engineering construction standards and
engineering design standards.
A. Adopted - Engineering Construction Standards. The
engineering construction standards include the following
documents and manuals which are herein referred to as the
"engineering construction standards" and are adopted by reference:
1. The Standard Plans (M21-01) for Road, Bridge, and
Municipal Construction prepared by the Washington State
Department of Transportation the latest publication and
amendments thereto, as determined appropriate for city
infrastructure by the city engineer and for conformance with
adopted city engineering design standards.
2. The Standard Specifications for Road, Bridge and
Municipal. Construction, the latest (English) edition publication and
amendments thereto as issued by the Washington State
Department of Transportation as supplemented and amended
through special provisions by the city engineer for specific
construction applications and for conformance with adopted city
engineering design standards.
3. The City of Auburn Engineering Standard Details, a
manual of specific plans or drawings developed and adopted by the
city of Auburn department of public works which show frequently
recurring components of work that have been standardized for
repetitive use, as supplemented and amended by the city engineer
for specific construction applications and for conformance with
~ adopted city engineering design standards.
B. Adopted - Engineering Design Standards. The
engineering design standards as approved by the Public Works
Committee supplemented and amended by the City Enqineer for
specific design applications to the extent authorized by the Public
Works Committee include the following documents and manuals
which are herein referred to as the "engineering design standards"
and are adopted by reference:
1. A manual of specific design requirements adepted by
the-Gity--ef ~ ~ ^-which shows frequently recurring public
transportation and utility infrastructure standards d by
. +rrhre PuibNiFret-rcs~vmrrr~c~r°a upplomoR+orl •SnrJ amcnr^lorl hy th
2. The City of -Auburn Surface Water Manaqement Manual
(SWMM) which is the 2008 City of Tacoma Surface Water _
Manaqement Manual as amended for use in the City of Auburn.
Ordinance No. 6283
December 21, 2009
Page 2 of 22
I The SWMM is a manual of specific requirements related to storm
drainage manaqement.
C. Adopted - Highway Access Management. Chapter
468-52 WAC, Highway Access Management - Access Control
Classification System and Standards, and amendments thereto,
' with the exception of WAC 468-52-060 and 468-52-070, is adopted
by reference with the following amendments:
1. All references to the "Department" shall be changed
to "City of Auburn."
2. All references to Chapter 468-51 WAC or sections
thereof shall be changed to "City of Auburn Engineering Design
Standards." (Ord. 6157 § 1, 2008; Ord. 5042 § 1(Exh. B), 1998.)
Section 2. Amendment to Citv Code. That section 13.41.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.41.010 Definitions.
As used in this chapter, unless the context otherwise requires:
A. "Capacity facilities" includes but is not limited to:
1. Water system infrastructure including: water sources,
treatment facilities, interties, pump stations, pressure reducing
stations, standby generators, reservoirs, distribution, and
transmission mains and appurtenances needed for distribution, fire
protection and pressure.
2. Sanitary sewer system infrastructure including: lift
stations, standby generators, force mains, conveyance lines and
appurtenances needed to collect and transport sewage for
treatment and disposal or to eliminate a storm and sanitary sewer
cross connection. 3. Storrri drainage system infrastructure including: pump
stations, standby generators, storage facilities, water quality
facilities, stream, creek or river improvements and conveyance
lines needed to collect, transport and dispose of storm drainage,
eliminate storm and sanitary sewer cross connections, eliminate
storm and surface water flooding and water quality problems, and
treatment and disposal facilities.
B. "Impervious surface" for the purpose of calculatinq a
system development charqe and only as it pertains to this chapter
means a hard surface area that prevents the entry of water into the
sail mantle. Common impervious surfaces include, but are not
limited to roof tops walkwavs, patios, -concrete or asphalt pavinq.
Open uncovered retention/detention facilities shall not be
considered as impervious surFaces for the purpose of SDC fee
calculation.
Ordinance No. 6283
December 21, 2009
Page 3 of 22
~ CB. "Utility systems development charge" is a charge
imposed on new customers, or existing customers revising use of
their property, in recognition of the previous investment of the city
and its customers in the utility systems. (Ord. 5801 § 1, 2003; Ord.
4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 2, 1980.)
Section 3. Amendment to Citv Code. That section 13.48.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.010 Definitions.
The following words when used in this chapter shall have the
following meanings. Where ambiguity exists, technical words or
phrases shall be interpreted in accordance with the City's SurFace
Water Manaqement Manual; non-technical wards or phrases will be
given their dictionary meaninq.
r,+hoo~ ^e:
A. "Base rate" means the monthly charge for service
from the storm drainage utility to recover costs incurred by the utility
such as administrative, billing and col►ection.
B. "Best Manaqement Practices (BMPs)" means the
schedules of activities, prohibitions of practices, maintenance
procedures and structural andlor managerial practices when used
sinqy or in combination, prevent or reduce the release of pollutants
and other adverse impacts to waters of Washinqton State.
CB. "Charge in lieu of assessment" means a charge made
by the city on property which has not previously participated in the
cost of a public storm drainage line directly serving the property.
I DG. "City of Auburn Enqineerinq dDesign and
eConstruction sStandards" means the requirements adopted under
Chapter 12.04 ACC for storm drainage, sanitary sewer,
I transportationstree~, and water facjljtY design and construction.
EB. "Detention" means the temporary storage of, storm
and surface water runoff with provisions for the controlled off-site
surface release of the stored water.
F. "Director" means the Public Works Director of the City
of Auburn or desi.gnee.
G. "Emerginq Technoloqy" means treatment
technoloqies that are currently beinq evaluated for perFormance.
H& "Equivalent service unit (ESU)" means a configuration ,
of development or impervious surFaces estimated to contribute an
amount of runoff to the city's storm drainage system which is
approximately equal to that created by the average single-family
residential parcel. One ESU is equal to 2,600 square feet of
impervious surface area or any portion thereof.
Ordinance No. 6283
December 21, 2009
Page 4 of 22
~ IF. "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.
~ Jf. "Illicit discharge" means any discharge to a municipal
separate storm sewer that is not composed entirely of stormwater
except discharges pursuant to a NPDES permit (other than the
NPDES permit for discharges from the municipal separate storm
sewer) and discharges resulting from fire fighting,activities.
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K. "Impervious surface" means a hard surface area that
either prevents or retards the entN of water into the soil mantle as
under natural conditions prior to development. A hard surface area
which causes water to run off in qreater quantities or at an
increased rate of flow from the flow under natural conditions prior to
development. Common impervious surfaces include, but are not
limited to roof tops, walkways, patios, drivewavs, parkinq lots, or
storaqe areas concrete or asphalt pavinq, qravel roads, packed
earthen materials and ailed 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 the purpose of determininq whether the
thresholds for application of minimum requirements are exceeded.
Open uncovered retentionJdetention facilities shall be considered
impervious surfaces for purposes of runoff modeling.
L. "Land disturbinq activity" means any activitv that
results in movement of earth, or a change in the existinq soil cover
(both vegetative and non-vegetative) and/or the existinq soil
topoqraphv. Land disturbinq activities include, but are not limited to
clearing qrading filling, and excavation. Compaction that is
associated with stabilization of structures and road construction
shall also be considered land disturbinq activity. Veqetation
maintenance practices are not considered land disturbinq activity.
M. "Low Impact Development (LID)" means a stormwater
manaqement and land development strateqy applied at the parcel
and subdivision scale that emphasizes conservation and use of on- site natural features integrated with enqineered, small-scale
hydraloqic controls to more closely mimic pre-development
hydrologic functions.
Ordinance No. 6283
December 21, 2009
Page 5 of 22
~ Nt. "National Pollutant Discharge Elimination System
(NPDES)" means the national program for issuing, modifying,
revoking, and reissuing, terminating, monitoring, and enforcing
permits, and imposing and enforcing pretreatment requirements,
under sections 307, 402, 318, and 405 of the Federal Clean Water
Act, for the discharge of pollutants to surFace waters of the state
from point sources. These permits are referred to as NPDES
permits and in Washington State, are administered by the
Department of Ecology.
0. "New development" means land disturbing activities,
includinq Class IV-qeneral forest practices that are conversions
from timber land to other uses; structural development, includinq
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 meetinq tfie definition of redevelopment shall not be
considered new development.
PJ. "Parcel" means the smallest separately segregated
unit or plot of land having an identified owner, boundaries, and
surface area which is documented for tax purpose and given a tax
lot number by the appropriate county assessor for the county in
which the parcel is sited.
~ QK. "Parcel, developed" means any parcel which has
been altered by grading or filling of the ground surface, or by
construction of any improvements or other impervious surface.
~ RL "Parcel, non-single-family" means any parcel of
developed land other than single-family or two-family (duplex)
residential.
~ SK "Parcel, single-family residential" means any parcel of
land having on it a single detached dwelling unit which is designed
for occupancy by one family or a similar group of people.
TN. "Parcel, two-family (duplex) residential" means anv
parcel of developed land havinq one duplex (two-family dwellinq)
ep r lot• 18.16 .
U8. "Parcel, undeveloped" means any parcel which has
not been altered from its natural state by grading or filling of the
ground surface, or by construction of any improvements or
impervious surfaces.
~ VP-. "Retention" means the storage of storm and surFace
water runoff with no provisions for off-site surface release of the
stored water other than by evaporation and infiltration.
W. "Redevelopment" means on a site that is already
substantially developed (i.e., has 35% or more of existinq
impervious surFace coverage), the creation or addition of
impervious surfaces; the expansion of a buildinq footprint or
addition or replacement of a structure; structural development
Ordinance No. 6283
December21, 2009
Page 6 of 22
including constructian, installation or expansion of a buildinq or
other structure; replacement of impervious surface that is not part
of a routine maintenance activity; and land disturbing activities.
X. "Runoff" means water that travels across the land
surfaces and discharges to water bodies either directly or through a
, collection and conveyance system. See also "Stormwater"
Y. "Source cantrol BMP" means a structure or operation
that is intended to prevent pollutants from coming into contact with
stormwater throuqh physical separation of areas or careful
manaqement of activities that are sources of pollutants. Source
cantrol BMPs can be divided into two types. Structural Source
Cantrol BMPs are phvsical, structural, or mechanical devices or
facilities that are intended to prevent pollutants from enterinq
stormwater. Operational Source Control BMPs are non-structural
practices that prevent or reduce pollutants from enterinq the
stormwater.
ZQ. "Storm drainage facility" means any natural
stream/creek or constructed component of Auburn's storm drainage
system.
~ AAR. "Storm drainage system" means the total system of
storm drainage facilities as described in ACC 13.48.030.
~ BBS. "Stormwater" means runoff during and following
precipitation and snowmelt events, including surface runoff and
drainage.
CC. "SWMM" referred ta in this Chapter means the City of
Auburn Surface Water Manaq,ement Manual which is the 2008 City
of Tacama Surface Water Management Manual as amended for
use in the City of Auburn.
DDT. "Utility" means the city storm drainage utility created
by the ordinance codified in this chapter.
~ EEU. "Watercourse" means a channel, either natural or
manmade, in which a flow of water occurs, either continuously or
intermittently.
~ FFVV. "Water quality treatment" means an engineered and
approved facility to remove contaminants in the existing flow regime
of storm water generated from a developed parcel pursuant to
applicable design standards in place at the time of approval. (Ord.
5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord. 5359 § 1, 2000; Ord.
5293 § 2, 1999; Ord. 5212 § 1(Exh. J), 1999; Ord. 5146 § 1, 1998;
Ord. 4492 § 4, 1991.)
Ordinance No. 6283
December 21, 2009
Page 7 of 22
Section 4. Amendment to Citv Code. That section 13.48.180 of
I the Auburn City Code be and the same hereby is amended to read as follows:
13.48.180 Inspection and compliance with storm drainage
requirements.
A. Duly authorized personnel of the city shall have free
access to private property at hours subject to the provisions of ACC . ,
1.20.010 for the purpose of inspecting private storm drainage
systems, the manner in which they are being used, and the
satisfactory compliance with the provisions of this article.
B. Any property, where the existing storm drainage ,
facilities were constructed per approved construction plans, found
to be in nonconformance with such plans, shall be required to
correct all such nonconformances as directed by the city. If, after
proper notice, the property owner does not comply with set
requirements as directed by the city, then the city shall have the
authority to correct such nonconformances and bill the property
owner for all reasonable costs. Any delinquent payments shall
constitute a lien as fixed by ACC 13.06.300.
C. Inspections of stormwater treatment and flow control
facilities shall be performed by the City at a frequency to complv •
with the Western Washinqton Phase II Municipal Stormwater
NPDES permit.
D. New residential developments that are part of a larqer
common plan of development or sale shall be inspected every 6
months durinq the period of heaviest house construction (i.e. 1 to 2
years following subdivision approval or until 50% of build-out is
achieved) to identify maintenance needs and enforce compliance
with the maintenance standards as needed. (Ord. 5853 § 1, 2004;
Ord. 5212 § 1(Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section S. Amendment to Citv Code. That section 13.48.210 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.210 Water quality.
A. Prohibited Discharges. It is unlawful for any individual,
firm or corporation to discharge into the public storm drainage
system directly or iridirectly any liquid or solid foreign substances of
biodegradable or other nature which may cause or tend to cause ,
water pollution, including but not limited to the following items:
Petroleum products including but not limited to oil, gasoline,
diesel fuel, grease, fuel oil and heating oil; trash and debris; pet
wastes; chemicals; paints; paint chips, steam cleaning wastes;
wastes from washing of fresh concrete for cleaning and/or finishing
Ordinance No. 6283
December 21, 2009
Page 8 of 22
purposes or to expose aggregates; laundry wastes; soaps;
pesticides, herbicides or fertilizers; sanitary sewage; heated water;
chlorinated water or chlorine; degreasers and/or solvents; bark and
other fibrous material; antifreeze or other automotive products; lawn
clippings, leaves or branches; animal carcasses; silt, sand, dirt or
rock; acids or alkalis; dyes (without prior permission of the drainage
utility); construction materials or food waste.
The following categories of non-stormwater discharges are
prohibited unless the stated conditions are met:
1. Discharges from potable water sources including
water line flushing, hyperchlorinated water line flushing, fire hydrant
system flushing, and pipeline hydrostatic test water. Planned
discharges shall be dechlorinated to a concentration of 0.1 ppm or
less, as determined by colorimetric chlorine test kit: pH-adjusted to
within the range of 6.5 to 8.5 pH units as determined by use of a
calibrated pH meter or narrow range pH indicator paper with a
resolution not greater than ± 0.5 standard units: and volumetrically
and velocity controlled to prevent re-suspension of sediments in the
public storm drainage system, as determined by visual inspection.
2. Dechlorinated swimming pool discharges.
Discharges shall be dechlorinated to a concentration of 0.1 pprn or
less, as determined by colorimetric chlorine test kit: pH-adjusted to
within the range of 6.5 to 8.5 pH units as determined by use of a
calibrated pH meter or narrow range pH indicator paper with a
resolution not greater than ± 0.5 standard units: and volumetrically
and velocity controlled to prevent re-suspension of sediments in the
public storm drainage system, as determined by visual inspection.
3. Street washing at active construction sites. The entire
area of street that is to be washed must be cleaned by sweeping
before washing is permitted. Street wash water must be collected
~ and be discharged back onto the construction site or otherwise be
prevented from entering the public storm drainage system.
4. Other non-stormwater discharges shall be in
~ compliance with the requirements of a#he stormwater pollution
prevention plan reviewed by the City, which addresses control of
~ such discharges.
B. Discharge of Pollutants - Liability for Expenses
Incurred by the Utility. Any individual, firm or corporation
responsible for pollutant discharge into the public storm drainage
system who fails to immediately collect, remove, contain, or treat
such materials as directed by the city shall be responsible for the
necessary expenses incurred by the city in carrying out any
pollutant abatement procedures, including the collection, removal,
containment, treatment or disposal of such materials.
C. Permissible Discharges. Discharges from the sources
listed below shall only be illicit discharges if the Public Works
Ordinance No. 6283
December 21, 2009
Page 9 of 22
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Director determines that the type of discharge, whether singly or in `
combination with others, is a significant source of water pollution:
Natural uncontaminated groundwater; uncontaminated air
conditioning condensation; natural springs; uncontaminated water
from crawl space pumps; irrigation runoff from agricultural sources
that is comingled with urban stormwater; discharges in compliance
with a NPDES permit; and discharges from approved footing drains
and foundation drains.
D. Exemption. Discharges resulting directly from
emergency firefighting activities, but not from activities such as the
maintenance or cleaning of firefighting equipment, are exempt from
regulation under this section. (Ord. 5853 § 1, 2004; Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section 6. Amendment to Citv Code. That section 13.48.225 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.225 Drainage standards - Review and approval.
~ All development ^r°a+;^y n°js °„f°^°° shall meet all
applicable general and design requirements in accordance with the
ECity of Auburn Engineering Qesign and sConstruction
sStandards, and for purposes of that portion of the standards set
forth in the City of Auburn Surface Water Management Manual, the
followinq provisions shall applv.
A. Pursuant to the Western Washinqton Phase II
Municipal Stormwater NPDES permit issued by the Department of
Ecoloqy the Citv has implemented a stormwater management
proqram that requires the use of City of Auburn SurFace Water
Manaqement Manual herein after referred to as the "SWMM."
B. The following activities that discharqe to the storm
drains either directly or indirectly are requlated throuqh the
stormwater manaqement proqram under this chapter:
1 1. Existinq discharges and land uses that discharqe to
the storm drains, either directly or indirectly.
2. New development and redevelopment.
3. Stormwater maintenance activities.
C. Requirements for Existinq Discharges and Land
Uses. If the City Engineer determines that the discharqes from an
existinq drainaqe control facility cause or contribute to an illicit
discharqe a threat to public health and safety, or a violation of the
City's municipal stormwater NPDES permit or this chaqter, the City
, Enqineer shall require the responsible partv to implement and
maintain operational BMPs in accordance with Volume IV of the
SWMM. If the City Enqineer determines that the discharqes
causing or contributing to the problem cannot be adequatelv
Ordinance No. 6283
December21, 2009
Page 10 of 22 ~
addressed by operational BMPs, the City Engineer may require the
responsible party to undertake more strinqent or additional BMPs,
which may include structural BMPs or other actions necessary to
cease causinq or contributing to the problem or violation.
D. Minimum Requirements for New Development and
Redevelopment. New development and redevelopment activities
that are required to obtain City permits shall complY with the
followinq minimum requirements, in accordance with the City's
Municipal Stormwater NPDES permit and in accordance with the
thresholds and requirements in the SWMM.
1. Preparation of a Stormwater Site Plan. All projects
shall prepare a stormwater site plan for review and approval by the
City Engineer or his/her designee.
2. Preparation of a Construction Stormwater Pollution
Prevention Plan for erosion and sediment control. This plan shall
be designed to comply with the requirements and purposes of the
SWMM, this section, any other applicable sections of Titles 15, 16,
17 and 18 of the Auburn City Code and any departmental
auidelines promulgated by the City Enqineer. The plan shall be
desiqned, submitted and implemented to address the followinq:
a. Mark clearinq limits;
b. Establish construction access routes and
cantrols;
c. Control flow rates;
d. Install sediment controls;
e. Stabilize soils;
f. Protect slopes;
g. Protect storm drain inlets;
h. Stabilize channels and outlets;
i. Control pollutants;
j. Control dewaterinq;
k. Maintain BMPs; and
1. Mana e the ro'ect.
3. Source Control of Pollutants. Source control BMPs
shall be selected, desiqned, applied and maintained in accordance
with the SWMM and any departmental quidelines promulqated by
the City Engineer.
4. Preservation of Natural Drainage Systems. Natural
discharges from the site shall be maintained, shall occur at the
natural location to the maximum extent practicable, and must not
cause a siqnificant adverse impact downstream or down qradient.
5. On-site Stormwater Manaqement. Where
appropriate, projects shall employ on-site stormwater manaqement
BMPs to infiltrate, disperse, and retain stormwater runoff onsite to
the maximum extent feasible without causinq flooding, erosion,
water quality or groundwater impacts. The City encourages the use
Ordinance No. 6283
, December 21, 2009
Page 11 of 22
of Low Impact Development (LID) to meet this minimum
requirement. The City may allow Low Impact Development (LID)
designed in accardance with the SWMM and 2005 Low lmpact
Technical Guidance Manual for Puqet Sound published by the
Puqet Sound Action Team or most recent update. Approval of the
Citv Engineer is required for such BMPs.
6. Runoff Treatment. All projects that meet the
thresholds for runoff treatment in Volume I of the SWMM shall
provide water quality treatment in accordance with the SWMM.
The use of emer.ging technologies for stormwater treatment will be
considered in accordance with Volume V of the SWMM.
7. Flow Control (detention). All proiects that meet the
thresholds for flow control in Volume I of the SWMM shall provide
flow control in accordance with the SWMM. Additionally, all
projects shall address the need to provide water quality controls
according to the design criteria as determined by the City En ineer.
The requirement for stormwater detention will also be determined
by pipe capacity and stormwater discharqe location, as provided in .
the SWMM.
8. Wetlands. Discharqes to wetlands shall maintain the
,hydralogic conditions, hydrophytic veqetation, and substrate
characteristics necessary to support existing and desiqned
functions. Wetland areas are also regulated by ACC Chapter
16.10, Critical Areas.
9. 4perations and Maintenance. An operation and
maintenance (O&M) manual consistent with City Enqineerinq
Desiqn and Construction standards shall be provided for all
proposed stormwater facilities, and the BMPs and partv (or parties)
responsible for operation and maintenance shall be identified. A
copy of the O&M manual shall be retained on site or within
reasonable access to the site and shall be transferred with the
property to the new owner.
10. Off-site Analysis and Mitigation. All projects shall
include an analvsis of off-site water quality and quantity impacts
resulting from the project and shall mitiqate these impacts if
necessary. The analysis shall extend a minimum of one-fourth of a
mile downstream from the prolect. The City Enqineer may require
that the analysis shall extend further if deemed necessarv. The
existing or potential impacts to be evaluated and mitiqated under
this section shall include but are not limited to:
a. Impacts on conveyance system capacity;
b. Localized floodinq;
c. Aquatic habitat (wetlands) impacts;
d. Erosion impacts, includinq landslide hazards;
e. Stream bank and channel erosion~ and
Ordinance No. 6283
December 21, 2009
Page 12 of 22
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f. Impacts to known water quality or erosion
problems.
11. Geoqraphic Specific Requirements. Projects may be
subject to equivalent or more stringent minimum requirements for
erosion control, source control, treatment, wetlands protection, and
operation and maintenance, and alternative requirements for flow
control as a result of location in accordance with Volume 1 of the
SWMM. (Ord. 5853 § 1, 2004.)
Section 7. Amendment to Citv Code. That a new section
13.48.226 of the Auburn City Code be and the same hereby is created to read as
follows:
13.48.226 Exceptions procedure
A. Requests for deviation from the Minimum Requirements
of 13.48.225 ACC may be made according to this section. A
deviation may be requested to allow a modification, reduction or
waiver of a requirement or to permit an alternative requirement.
Any such request must be made in writing. Requests for a
deviation must include the following information:
1. The current (pre-project) use of the site;
2. How application of the minimum requirement(s)
restricts the proposed uses of the site compared to the restrictions
that existed prior to the adoption of the minimum requirements; and
3. The possible remaining uses of the site if the
deviation were not granted;
4. The uses of the site that would have been allowed
prior to the adoption of the minimum requirements;
5. A comparison of the estimated amount and
percentage of value loss as a result of the minimum requirements
versus the estimated amount and percentage of value loss as a
result of requirements that existed prior to the adoption of the
minimum requirements; and
6. The feasibility for the owner to alter the project to
apply the minimum requirements.
The City Engineer shall approve or deny such requests in
writing and shall only approve a deviation to the extent it is
necessary. An applicant is not entitled to a deviation, whether or
not criteria for approval of a deviation are met. The City Engineer
may require the applicant to submit a Washington State licensed
engineer's report or analysis with a request for a deviation. As a
condition of approving a deviation, the City Engineer may impose
new or additional requirements to offset or mitigate harm that may
be caused by approving the deviation.
Ordinance No. 6283
December21, 2009
Page 13 of 22
B. Equally Protective Deviations. The City Engineer may
approve a request for a deviation if determined that it is likely to be
equally protective of public health, safety and welfare, the
environment, and public and private property as the requirement
from which a deviation is sought.
C. Other Deviations. The City Engineer also may
approve a request for a deviation where the criteria in subsection B
are not met or the City Engineer cannot determine whether the
criteria are met, if it is determined at his or her sole discretion that
substantial reasons exist for approving the requested deviation and:
1. The deviation will not increase risk to the public health
and welfare;
2. Will not be injurious to other properties in the vicinity
and/or downstream;
3. Will not degrade the quality of waters of the state; and
4. The deviation is the least possible that could be
granted to comply with the intent of the Minimum Requirements.
D. The approval of a deviation shall,not be construed to
be an approval of any violation of any other provisions of this
chapter or approval of any violation of any other ordinance of the
City nor approval of any violation of any other valid law of any
governmental entity having jurisdiction. The approval of plans,
specifications, and calculations for deviation shall not prevent the
City Engineer from thereafter requiring the correction of errors in
such plans, specifications, or other data, or from preventing
operations being carried out when in violation of this chapter, or any
other ordinance of the City.
E. The following public notice requirements apply_ '
whenever a request for an exception to the Minimum Requirements
contained in ACC 13.48.225 (Request) is received by the City:
1. Public notice (Notice) shall be made to inform the
public about the contents of the Request and the City Engineer's
decision to grant or deny it. Notice of the Request and the decision
to grant or deny the Request may be combined.
2. The Notice shall be published, at the requestor's cost,
in the City's newspaper of record and a local newspaper of general
circulation within Auburn.
3. The Notice shall include: (i) a brief description of the
Request; (ii) a brief description of the City Engineer's decision to
grant the Request and reasons supporting the decision, or a
statement that the request is denied; (iii) where the Request can be
reviewed; and (iv) the name and contact information of a City
employee who can answer questions regarding the Request.
4. The City shall provide a hardcopy of the City
Engineer's decision to grant or deny a Request to the requester.
The City Engineer's decision to approve or deny a Request shall.
Ordinance No. 6283
December 21, 2009
Page 14 of 22
include a reference to the procedures in City of Auburn Engineering
Design Standards for contesting such a decision.
Section 8. Amendment to Citv Code. That section 13.48.230 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.230 Connections.
A. Required Connections. All non-single-family
residential building permits shall be subject to a mandatory
connection to a public storm drainage system where the
development has the potential to negatively impact public or private
property or receiving waters as determined by the city or whenever
an existing public system is available adjacent to the site or where
the public system is required to be constructed adjacent to the
property as a condition of development.
B. Existing Connections.
1-Properties that '
aRd apply for a building permit to make an
addition, alteration or repairs that have 2,000 square feet or more of
new or new plus replaced impervious surFaces or land disturbinq
activity of 7,000 square feet or more must complv with the
applicable Minimum Requirements for Redevelopment as qiven in ,
the Volume 1 of the SWMM. All redevelopment shall be required to
complv with Minimum Requirement #2 (Construction Stormwater
Pollution Prevention). All redevelopment that exceeds these
thresholds shall be required to complv with additional Minimum
o,--,~ater #
Requirements as qiven in Volume 1 of the SWMM. ^f 9^r
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Ordinance No. 6283
December 21, 2009
Page 15 of 22
~ 1-8; 2-996-(Ord. 6015 § 1, 2006; Ord. 5853 § 1, 2004; Ord. 5530 §
1, 2001; Ord. 5212 § 1(Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section 9. Amendment to Citv Code. That section 13.48.250 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.250 Permit - Term.
~ Applications for storm permits shall be valid for 365 days. All
permits issued under the provisions of this chapter shall be valid for
a period of 365488 days after the date of ep rmit
issua'iceappliGatiGR . Permits may be extended o„° +e
by the city, in 180 day increments , if an
extension is applied for prior to the expiration of t#e-tim°^ri',y
4mited-iff-the permit. If the time extension is not requested prior to
the expiration of the tsm°E)rininaIly l;r,,;+od ;n the permit, a new
permit is required and an additional fee equal to one-half the
original permit shall be charged if a +;,,,o o.,+ons,,,,, ;s nFan+od. (Ord.
5853 § 1, 2004; Ord. 5212 § 1(Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section 10. Amendment to Citv Code. That section 13.48.260 of
the Auburn City Code be and the same hereby is repealed.
Section 11. Amendment to Citv Code. That section 13.48.290 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.290 Construction linspection and approval.
A. The City may inspect sites before, durinq and after
construction. Sites that have a hiqh potential for sediment transport
as determined throuqh plan review shall be inspected prior to
~ clearinq and construction.
B. If the city, upon inspection of the project, finds that the
work or material used is not in accordance with the provisions of
this chapter, the city shall notify both the person performing the
work and also the owner of the premises by written notice. Such
notice shall be posted upon the premises and shall state the
defects of the work and/or material found in such inspection. A copy
of such notice shall be kept on file at the city.
~ BC. _Upon the satisfactory completion of work as
designated on the permit in conformance with the provisions of this
chapter, the city shall sign off the permit, provide the necessary
calculations for billing, and forward to the finance department to
initiate the storm drainage billing as designated in ACC 13.48.100.
A copy of such permit shall remain on file with the city as a
Ordinance No. 6283
December 21, 2009 ~
Page 16 of 22
permanent record. (Ord. 5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord.
5212 § 1(Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section 12. Amendment to Citv Code. That section 13.48.440 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.440 Maintenance responsibility.
A. Private Maintenance Responsibility. The maintenance
and operation of private storm drainage systems shall be the
responsibility of the property owner. It shall be the responsibility of
the developer to make arrangements with the occupants or owners
of the subject property for assumption of operation and
maintenance in a manner subject to the approval of the city or in
accordance with the operations and maintenance program
prepared for the property's storm drainage facilities. The city may
inspect the facilities in order to ensure continued use of the facilities
for the purposes for which they were built and in accordance with
these arrangements. Failure to maintain the facilities in accordance
with the maintenance standards listed in Volume I Appendix D of
the SWMM i shall be considered a violation,
enforceable in accordance with Chapter 1.25 ACC.
B. Public Maintenance Responsibility. The city shall be
responsible for the maintenance and operation of all public storm
drainage facilities located within the public easements and rights-of-
way following the completion of a successful maintenance period
and the acceptance of such facilities by the city. The maintenance
shall be performed in accordance with the standards listed in -
Volume I Appendix D of the SWMM.(Ord. 5853 § 1, 2004; Ord.
5212 § 1(Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section 13. Amendment to Citv Code. That section 15.74.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
15.74.030 Definitions.
For the purpose of this chapter, the following words shall
have the following meanings:
A. "Accelerated erosion" means any increase over the
rate of natural erosion as a result of a land-disturbing activity.
B. "Clearing" means any activity which removes or
seriously damages ground cover, shrubs, and/or trees including but "
not limited to root mat removal and/or topsoil removal by
mechanical and/or chemical means and which exposes the earth's
. surface.
Ordinance No. 6283
December 21, 2009
Page 17 of 22
C. "Filling" means the act of transporting or placing (by
any manner or mechanism) fill material from, to, or on any soil
surface, natural vegetative covering of soil surface, or fill material
(including temporary stockpiling of fill material).
D. "Grading" means any excavating, filling, clearing, or
re-contouring of the ground surface or combination thereof.
E. "Ground cover" means small plants such as salal,
ferns, mosses, grasses or other types of vegetation which normally
cover the ground, including trees less than six inches in diameter
measured at 24 inches above ground level, which renders the
surFace of the soil stable against accelerated erosion.
F. "Impervious surFace" means a hard surFace area that
either prevents or retards the entry of water into the soil mantle as
, under natural conditions prior to development. A hard surface area
which causes water to run off in qreater quantities or at an
increased rate of flow from the flow under natural conditions prior to
development. Common impervious surfaces include, but are not
limited to roof tops walkways, patios, driveways, parkinq lots, or
storage areas concrete or asphalt paving, gravel roads, packed
earthen 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 the purpose of determininq whether the
thresholds for application of minimum requirements are exceeded.
Open uncovered retention/detention facilities shall be considered
impervious surfaces for purposes of runoff modelinq. GernpaGted
gFavel, asphaltiG , ,
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,
svv-vver +ii i i°~a'J-Fe'termn'°r) hy +ho rUn "l-llY -bUtite nurnber"vNj'
" 9/'
G. "Land-disturbing activity" means any activity that
results in movement of earth, or a change in the existinq soil cover
(both veqetative and non-veqetative) andlor the existinq soil
topoqraphy. Land disturbinq activities include, but are not limited to
clearinq rq adinq fillinq, and excavation. Compaction that is
associated with stabilization of structures and road construction
shall also be considered land disturbinq activity. Veqetation
maintenance practices are not considered land disturbinq activitY.
~pG in tho ovictinn nrni inrl
aIt atinn r+f I•+nrl thr++ r.lts in a GT.~. .y
H. "Permanent structure" means any buildings which are
immovable including homes, garages, barns, storage buildings, or a
Ordinance No. 6283
December 21, 2009
Page 18 of 22
driveway not wider than 20 feet which is the exclusive route of
ingress and egress to an immovable garage or carport.
1. "Pre-loading" means the placement of material with
the intent to surcharge and compress subsurface soils for a limited
amount of time.
J. "Sedimentation" means the process by which solid
particulate matter is transported by water off the site of the land-
disturbing activity and settles onto land or the bed of a creek,
stream, river, wetland, pond, lake, or other water body.
K. "Stockpiling" means the placement of material with
the intent to remove at a later time.
L. "Tree" means any self-supporting perennial woody
plant characterized by natural growth of one main stem or trunk
with a definite crown, and maturing at a height of at least six feet
above the ground.
M. "Shrubs" means any living terrestrial plant or
vegetation other than a tree or ground cover on land. "
N. "Significant tree" means a healthy evergreen tree, six
inches or more in diameter measured four feet above grade, or a
healthy deciduous tree four inches or more in diameter measured
four feet above grade.
0. "Underdeveloped property" means any parcel which
under the city's zoning code may be further subdivided to allow
further development, or is not already developed to the fullest
zoning potential.
P. "Undeveloped property" means any parcel which has
not been altered from its natural state by grading or filling or by
construction of private structures or public infrastructure that allows
further development. (Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996;
Ord. 4266 § 1, 1988.)
Section 14. Amendment to Citv Code. That section 15.74.050 of
the Auburn City Code be and the same hereby is amended to read as follows:
15.74.050 Exemptions.
The following are exempt from the requirements of this chapter:
A. Removal of dead or diseased trees, shrubs, or ground
cover.
~ B. Clearing and grading associated with continuous
agricultural uses, excluding timber cutting not otherwise exempted.
~ C. Clearing and grading not to exceed 6,999 8-,998
square feet of area within individual fots, for the purpose of the
construction of a single-family home or duplex, provided a building
permit has been issued by the city prior to commencing the clearing
Ordinance No. 6283
December 21, 2009
Page 19 of 22
and grading activities and construction of the structure starts within
90 days of commencing clearing and grading activities.
D. The removal of up to six trees per lot within any 12-
month period, or for lots greater than one acre, up to six trees per
acre within any 12-month period, with fractional acres of one-half
acre or more considered to be a whole acre.
E. Clearing and grading for the construction and
maintenance of public facilities as approved by the city engineer to
include water, sanitary sewer, streets, highways, storm drainage
and related facilities.
F. Removal of trees, shrubs, and ground cover in
emergency situations involving immediate danger to life or property.
G. Routine landscape maintenance and minor repair.
H. Removal of trees and vegetation consistent with an
approved surface mining permit.
1. Removal of a tree from property zoned residential that
endangers a permanent structure by being closer to the structure .
than the distance from the base of the tree to its top, regardless of
whether the tree is located on the same property as the structure.
J. Upon approval of the city engineer or his/her
designee, excavations of less than five feet in vertical depth and/or
fills less than eight inches of vertical depth on any portion of a site
and involving the deposit or displacement of not more than a total
of 500 cubic yards of material during any 24-month period.
K. Upon approval of the city engineer or his/her
designee, the temporary stockpiling of less than 500 cubic yards,
combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or
similar materials on a lot, tract, or parcel of land for a period not to
exceed 12 months; provided, that the stockpile has adequate
coverage to prevent erosion.
L. Upon approval of the city engineer or his/her
designee, the broadcasting of less than 500 cubic yards of topsoil,
peat, sawdust, mulch, bark, chips, or solid nutrients used for
landscaping or soil conditioning on a lot, tract or parcel of land
during any 24-month period, provided the finished depth does not
increase the grade from the existing grade by more than eight
inches.
M. Upon approval of the city engineer or his/her
designee, the temporary stockpiling of organic or inorganic
materials used in an approved construction project, provided the ~
use, location, duration, and extent of the stockpile was disclosed
through the environmental or development review process. In no
case shall a temporary stockpile remain beyond a 24-month period.
N. The creation of impervious surfaces which have a
~ surface area less than 2,000 2,689 square feet.
Ordinance No. 6283
December21, 2009
Page 20 of 22
O. Emergency temporary sandbagging, diking, ditching,
filling or similar work during or after periods of extreme weather
conditions when done to protect life or property, provided such
measures do not adversely impact adjacent properties or public
facilities.
An exemption from clearing, filling, and grading permit
requirements does not exempt a property owner from the policies,
criteria, and standards contained in this chapter or other applicable
local, state, or federal regulations or permit requirements.
The property owner is responsible to ensure that clearing of
any trees that are within striking distance of a structure or have the
potential to cause damage to others is performed by a licensed and
bonded contractor. (Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord.
4266 § 1, 1988.)
Section 15. Implementation. The Mayor is hereby authorized to(
implement such administrative procedures as may be necessary to carry out the
directions of this legislation. -
Section 16. Severabilitv. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 17. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law, and the provisions of Sections 1 thought 14 shall take effect
February 16, 2010.
~
Ordinance No. 6283
December 21, 2009
Page 21 of 22
INTRODUCED: _IIEO
PASSED: nEC 212009
APPROVED: D~G `21 20p9
RN
~
PETER B. LEWIS
MAYOR
ATTEST:
~
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City At orne
C.,C~.SS. C, ,
Published:
Ordinance No. 6283
December 21, 2009 -
Page 22 of 22