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HomeMy WebLinkAbout5855 ORDINANCE NO. 5855 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBURN CITY CODE CHAPTER 15.72 ENTITLED "DRAINAGE PLANS" IN ITS ENTIRITY WHEREAS, the current code is no longer applicable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 15.72 of the City of Auburn Code is repealed in its entirety: Chapter 15.72 DRAINAGE PLI\NS Sections: 15.72.010 15.72.020 15.72.030 15.72.040 15.72.050 15.72.060 15.72.070 15.72.080 15.72.090 15.72.100 15.72.110 15.72.120 15.72.130 Purpose. Definitions. Drainage plan Drainage plan Drainage plan Fee schedule. Mandatory requirements for drainage improvements. Development in critical areas. Establishment of regional bcilities. Operation and maintenance procedures. I\pplicability to govornmental entities. I\ppeals. Protection of public/private rights. Submission. Contents. Review and approval. 15.72.010 Purpose. The city council finds th3t this ch3pter is necessary in order to promote sound development policies and construction procedures 'Nhich respect 3nd preserve the city's 'Natercourses, to minimize '-vater quality degradation and control the sedimentation of creeks, streams, ponds, lakes and other water bodies; to ---------------------------- Ordinance No. 5855 May 27,2004 Page 1 protect property owners adj3cent to developing and developed 13nd from incre3sed runoff rates which could cause erosion of abutting property; to protect dO'Nnstream owners; to preserve and enhance the suitability of INaters for cont3ct recreation 3nd fishing; to preserve 3nd enhance the aesthetic qU31ity of the waters; to maint3in and protect valuable ground w3ter resources; to minimize adverse eff€cts of alterations in ground water or quantities, locations, and flm~.' patterns; to ensure the safety of city roads and rights of 'Nay; 3nd to decrease drainage related d3mage to public and private property. (Ord. 4001 § 2,1984; Ord. 3314 § 1,1978.) 15.72.020 Definitions. For the purposes of this chapter the f-ollowing words shall have the me3nings ascribed to them 3S f-ollows: A "Comprehensive drainage plan" refers to 3 detailed analysis f-or e3ch drainage basin which compares the capabilities and needs for runoff 3ccommodation due to various combinations of development, land use, 3nd structural and nonstructural management alternatives. The plan recommends the form, location and extent of quantity and qU31ity control me3sures 'Nhich optim311y 'A'ould meet the legal constraints, water quality standards, 3nd community st3ndards, as 'Nell as identifying the institutional 3nd funding requirements f-or pl3n implementation. B. "Computations" means calcubtions, including coefficients 3nd other pertinent data, made to determine the drainage plan with rates of flow of water given in cubic feet per second and cubic meters per second (cms). C. "Design storm" refers to that rainbll event INhich is selected by the engineering department for purposes of design, specifying both the return period in ye3rs and the dur3tion in hours. D. "Detention bcilities" means facilities designed to hold runoff while gradually rele3sing it 3t a predetermined m3ximum rate. E. "Developer" me3ns the individu31(s) or corpor3tion(s) 3pplying f-or the permits or 3pprov31s described in /\CC 15.72.030. F. "Developmental coverage" means all developed surface areas within the subject property including, but not limited to, rooftops, drive'Nays, carports, accessory buildings, parking are3S, and 3ny other impervious surfaces. During construction, development31 coverage includes the 3bove in addition to the full extent of any 31teration of previously occurring soils, slope or vegetation due to grading, tempor3ry storage, 3ccess are3S, or 3ny other short term causes. G. "Drainage are3" means the 'Natershed contributing water runoff to 3nd including the subject property. ---------------------------- Ordinance No. 5855 May 27,2004 Page 2 H. "Drainage plan" means a plan f-or collection, tr3nsport, tre3tment, and discharge or recycle of 'A'3ter within the subject property. I. "Drainage tre3tment/abatement facilities" means any bcilities inst311ed or constructed in conjunction with a dr3in3ge plan for the purpose of tre3tment or abatement of urban runoff, excluding retention or detention bcilities. J. "Natur31Iocation" of drainage systems refers to the location of those channels, sW31es, and other nonmanm3de conveY3nce systems as defined by the first documented topographic contours existing for the subject property, either from maps or photogr3phs, or such other me3ns as appropriate. K. "Peak discharge" means the maximum surface 'Nater runoff r3te (cfs and cms) determined for the design storm. L. "Planned unit development" refers to residential developments 'Nhich are planned and/or developed in se'ler31 stages but submitted together for appro'/3ls, and 'Nhich typically consist of clusters of multiunit structures interspersed '.'lith are3S of common open space. M. "Procedures manu31" means the manual of technical and 3dministrati'le procedures established by the engineering and pbnning departments '.vhich delineates methods to be used, the level of detail of 3nalysis required, and other details for implementation of the provisions of this ch3pter. N. "Receiving bodies of v.'ater" means creeks, stre3ms, lakes and other bodies of '.vater into '.vhich waters are directed, either naturally, in m3nmade ditches, or in closed conduit systems. O. "Retention bcilities" means facilities designed to hold 'J.'3ter for a considerable length of time and then consume it by evaporation, plant tr3nspiration, or infiltr3tion into the soil. P. "Subject property" me3ns the tr3ct of land which is the subject of the permit 3nd/or approval action, as defined by the full legal description of all p3rcels involved in the proposed development. (Ord. 4001 § 2,1984; Ord. 3314 § 2, 1978.) 15.72.030 Drainage plan Submission. .^.. All developers applying for any of the following permits 3nd/or 3ppro'l3ls shall submit f-or approval a drainage plan 'A'ith their applic3tion and/or request: 1. Grading permit; 2. Substanti31 development permit required under Chapter 90.58 RCVV (Shoreline Management Act); 3. Subdivision approval; 4. Short subdivision approval (industrial 3nd commercial); 5. Conditional use permits; ---------------------------- Ordinance No. 5855 May 27,2004 Page 3 6. Building permits where the permit relates to 5,000 or more square feet of development cO'lerage within the property, or 'J.'here development is in a critic31 area:- , 7. Planned unit development. B. Commencement of construction INork under any of the permits or applic3tions mentioned in subsection A of this section shall not begin until such time as final approval of the drainage pbn is obt3ined in accordanoe 'Nith !\CC 15.72.050. C. The same pl3n submitted during one permit! 3pproval process may be subsequently submitted 'Nith further required applications. The plan shall be supplemented with such additional inf-orm3tion that is requested by the engineering department or required by the provisions of the complianoe manual. D. The pbn requirement est3blished in this section shall apply except when the developer demonstrates to the satisf3ction of the engineering and planning departments that the proposed activity or development: 1. Will neither seriously nor 3dversely impact the water qU31ity oonditions or any 3ffected receiving bodies of 'N3ter; and 2. 'Nill not alter the surf3ce disch3rge loc3tion, alter the drainage p3ttern on adjoining properties, 31ter drain3ge patterns, increase the discharge, nor cause 3ny other adverse eff€cts in the drainage area; and 3. 'Nill not alter the subsurface drainage patterns, flow rates, and disch3rge points, nor result in any significant adverse effects to property or residents. (Ord. 4001 § 2, 1984; Ord. 3314 § 3, 1978.) 15.72.040 Drainage plan Contents. /\11 persons applying for any of the permits 3nd/or approvals contained in ACC 15. 72. 03 0 (.^.) sh311 provide a dr3inage plan for surf3ce and pertinent subsurf3ce 'N3ter flO\\'s entering, flowing within, and leaving the subject property both during and after construction. The detailed form and contents of the drain3ge plan shall be prepared by a registered professional civil engineer 3nd shall be prepared in accord3nce 'Nith procedures established by the engineering and planning departments, or in the procedures manual. The procedures manual will set forth the manner of presenting the f-ollO'.ving required information: /\. B3ckground computations f-or sizing drain3ge facilities: 1. Depiction of the drainage 3rea on 3 topographical m3p of approved scale 3nd contour interval, 'A'ith acreage of the site, development, and de'/elopmental coverage indicated, 2. Indication of the peak discharge 3nd volume of surf3ce 'N3ter currently entering and leaving the subject property due to the design storm, ---------------------------- Ordinance No. 5855 May 27,2004 Page 4 3. Indication of the pe3k discharge 3nd volume of runoff 'A'hich will be gener3ted due to the design storm 'Nithin the subject property if the development or proposed activity is allowed to proceed; B. Proposed measures for handling the computed runoff at the detail level specified in the procedures manual; C. Proposed measures f-or controlling runoff during construction. The requirements of this section may be modified at the discretion of the city engineering department in special C3ses requiring more information, 'Nith the concurrence of the pl3nning dep3rtment. (Ord. 4001 § 2,1984; Ord. 3314 § 4, 1978.) 15.72.050 Drain3ge plan Review and approval. All storm dr3inage plans prepared in connection with any of the permits and/or approvals listed in I\CC 15.72.030(1\) shall be submitted for revie'N by and 3pproval of the engineering and planning departments, in 3ccord3nce with the procedures established in the procedures manu31. At the time of approval of the drainage pl3n for the subject property, 3 schedule for inspection of oonstruction and facilities 'lIill be established by the engineering dep3rtment. (Ord. 4001 § 2, 1984; Ord. 3314 § 7, 1978.) 15.72.060 Fee schedule. 1\ storm se'Ner permit fee to cover plan checking, inspection, as built dr3'Nings and processing of permit inform3tion shall be charged for 311 development except single family residential. The permit fee shall be based on the amount of impervious area on the developed site and sh311 be as foIlO'.\'s: 5,000 squ3re feet or less $10.00 5,000 to 10,000 square feet $50.00 10,001 to 50,000 square feet $75.00 50,001 squ3re feet or more $100.00 (Ord. 4001 § 2,1984; Ord. 3373 § 1,1979; Ord. 3314 § 15,1978.) 15.72.070 Mand3tory requirements for drainage improvements. !\. Drainage improvement requirements are as follolJ.'s: 1. Surface 'N3ter entering the subject property shall be received at the n3turally occurring locations and surface water exiting the subject property shall be discharged at the natur311ocations 'Nith adequate energy dissipaters within the subject property to minimize downstream d3mage 3nd v.'ith no diversion at 3ny of these points; and 2. The design storm pe3k discharge from the subject property m3Y not be increased by the proposed development; and ---------------------------- Ordinance No. 5855 May 27, 2004 Page 5 3. Retention/detention facilities must be provided in order to maint3in surf3ce w3ter discharge r3tes at or below the existing design storm pe3k disch3rge; 3nd 4. 'Nhere open channel construction is used to h3ndle dr3inage within the subject property, 3 minimum of 15 feet '.viII be provided boo\'een 3ny structures and the top of the bank of the defined ch3nnel. a. In open channel work the 'N3ter surface elevation will be indicated on the plan and profile dra..·.'ings. The configuration of the finished gr3des constituting the b3nks of the open ch3nnel will also be shown on the drawings, b. Proposed cross section of the channel '.viII be shO'.vn 'Nith stable side slopes 3S appro'.'ed by the engineering department, c. The 'Nater surf3ce elev3tion of the flO'.v f-or the design storm 'J.'ill be indic3ted on the cross section; 5. 'Nhen a closed system is used to handle drain3ge within the subject property, the system will be 3 minimum of 10 feet from all structures. B. To the extent possible, approved me3sures for controlling runoff during construction should comply with the provisions of subsection 1\ of this section. C. Vari3nces from the requirements of subsection 1\ of this section m3Y be permitted only 3fter a determin3tion by the engineering and planning departments, using the comprehensive dr3inage plan, if 3'1ailable, and/or employing the following criteria: 1. Sufficient cap3city of dO'.vnstream facilities under design conditions; 2. Maintenance of the integrity of the receiving w3ters; 3. Possibility of adverse effects of retention/detention; 4. Utility of regional retention/detention f3cilities; 5. Capability of m3intenance of the system; and 6. Structural integrity of 3butting foundations and structures. Request for variances shall be filed in writing with the engineering dep3rtment and shall adequately detail the basis for granting an exemption. (Ord. 4001 § 2, 1984; Ord. 3314 § 5, 1978.) 15.72.080 Development in critical 3reas. Development which 'h'ould increase the volume or rate of discharge due to any storm from the subject property shall not be permitted in 3reas designated as critic31 areas by the engineering and pl3nning departments. Critical 3reas 3re those in which existing flooding, dr3inage, erosion, 3nd.'or instability conditions present an imminent likelihood of harm to the 'Nelfare and S3fety of the surrounding community, or to the integrity of the surface water or ground water system. Development shall not be permitted in these critical 3reas until such time as the existing community haz3rd is alleviated and it is adequately demonstrated that the proposed development will not cause a recurrence of the ---------------------------- Ordinance No. 5855 May 27, 2004 Page 6 problem nor the occurrence of 3ny ne)N drain3ge related problem. The engineering and planning departments may also designate 3S critic31 any 3rea in which compar3ble problems 'Nould occur in the future due to any incre3se in volume or peak discharge. The requirements of this section sh311 3pply regardless of any variance under I\CC 15.72.070(C). VVhere applications of the provisions of this section will deny all reasonable uses of the property, the restrictions on development contained in this section m3Y be waived for the subject property, provided th3t the resulting development shall be subject to all the remaining terms and conditions of the ch3pter. All decisions based on the provision of this section shall be compatible with the comprehensi'.'e drainage plan, if aV3ilable, for the basin in which the subject property is located. For development in areas design3ted as critical, the developer shall provide inf-ormation regarding volume and r3te of discharge for a r3nge of storms as specified in the procedures m3nual. (Ord. 4001 § 2,1984; Ord. 3314 § 6,1978.) 15. 72.090 Est3blishment of region31 facilities. In the event that public benefits v.'ould 3ccrue due to modification of the drain3ge plan for the subject property to better implement the recommend3tions of the comprehensive drainage plan, the engineering department or the planning dep3rtment may recommend th3t the city should assume responsibility for the further design, construction, operation, and maintenance of drainage f-3cilities on the subject property. Such decision shall be made concurrently with review and 3pprov31 of the plan 3S specified in I\CC 15.72.050. In the event that the city decides to assume responsibility for design, construction, operation, 3nd maintenance of the facilities, the developer 'Nill be required to contribute a pro rata share to the construction cost of the facilities. The developer may be required to supply 3ddition31 information at the request of the engineering dep3rtment to aid in the determination by the city. Guidelines for implementing this section will be defined in the procedures m3nual or by the engineering and planning dep3rtments. (Ord. 4001 § 2,1984; Ord. 3314 § 8, 1978.) 15. 72.100 Operation 3nd m3inten3nce procedures. It sh311 be the responsibility of the developer to make 3rrangements '.vith the occupants or owners of the subject property for assumption of operation and maintenance in 3 manner subject to the approval of the engineering department or in accordance 'Nith the procedures m3nual. The city may inspect the facilities in order to ensure continued use of the bcilities f-or the purposes for which they were built 3nd in 3ccord3nce '.vith these arr3ngements. F3iluro to m3intain the f-3cilities in good working order sh311 be C3use for a 'Nritten request to m3int3in the retention/detention facilities after inspection by city f-orces. If, after 30 days, ---------------------------- Ordinance No. 5855 May 27, 2004 Page 7 no remedi31 measures are taken by the property o'.\'ner, the city may initiate legal action against the property mvner. (Ord. 4001 § 2,1984; Ord. 3314 § 9, 1978.) 15. 72.110 I\pplicability to governmental entities. /\11 municip31 corporations and government31 entities shall be required to submit a drain3ge plan and comply '.vith the terms of this ch3pter when developing and/or improving land including, but not limited to, r03d building and widening, within the 3re3S of the city. It is recognized that many other city, county, state, and feder31 permit conditions may apply to the proposed 3ction and that compliance with the pro'_'isions of this ch3pter does not constitute compli3nce 'Nith such other requirements. (Ord. 4001 § 2,1984; Ord. 3314 § 10, 1978.) 15.72.120 /\ppeals. If the property O'Nner feels the requirements imposed by the engineering dep3rtment 3re inconsistent ':.'ith storm drainage h3ndling procedures for the 3re3, they m3Y appe31 to the street committee of the city council and present in 'A'riting their reasons for a revision to the requirements as imposed upon their development. The street committee's ruling sh311 be binding on the property O'.".'ner. (Ord. 4001 § 2,1984; Ord. 3314 § 11, 1978.) 15.72.130 Protection of public/pri'late rights. Implementation of any provision of this chapter shall not cause nor be construed as an infringement of the rights of indi'.'iduals, municipalities, or corporations other than the developer seeking a permit or approval as described in /\CC 15.72.030. (Ord. 4001 § 2,1984; Ord. 3314 § 12, 1978.) Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application ,of the provision to other persons or circumstances shall not be affected. ---------------------------- Ordinance No. 5855 May 27, 2004 Page 8 Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: JUN 2 1 2004 JUN 2 I 2004 PASSED: APPROV~_ J_.~004__.. ß ~~ PETER B. LEWIS MAYOR ATTEST: ))aM~ Danielle Daskam City Clerk Published: ~ ---------------------------- Ordinance No. 5855 May 27,2004 Page 9