HomeMy WebLinkAbout6851 ORDINANCE NO. 6851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING AUBURN CITY
CODE (ACC) SECTIONS 13.48.005, 13.48.010, 13.48.180,
13.48.240, AND 13.48.440 REGARDING THE CITY'S
STORM DRAINAGE SYSTEM
WHEREAS, RCW 35.67.020 empowers the city to maintain, conduct and operate
a storm drainage utility to protect the public health, safety, and general welfare; promote
sound development policies and construction procedures to preserve the city's natural
resources; and prevent the creation of public nuisances. ACC 13.48 establishes the
City's storm drainage utility;
WHEREAS, the city's storm drainage utility operates under a National Pollutant
Discharge Elimination System (NPDES) Western Washington Phase II Municipal
Stormwater Permit from the Washington Department of Ecology;
WHEREAS, in 2017 the city adopted the Washington Department of Ecology's
Stormwater Management Manual for Western Washington (SWMMVVW) as the basis for
stormwater management and protection measures, together with supplemental
requirements specific to the city, into the City of Auburn Surface Water Management
Manual (SWMM), as defined in ACC 12.04.010.B.2;
WHEREAS, portions of ACC 13.48 need to be modified to clarify certain
maintenance responsibilities and to codify a new inspection program required by the
city's NPDES permit;
WHEREAS, the city's public storm drainage facilities include underground injection
control (UIC) wells that are used to infiltrate stormwater that are required to comply with
the UIC Program requirements in the SWMMWW;
Ordinance No. 6851
March 17, 2022
Page 1 of 3 Rev.2019
WHEREAS, the city's public storm drainage facilities include channels called
ditches along certain roadways that convey stormwater from the roadways and from the
abutting properties;
WHEREAS, some private property owners have installed private storm drainage
systems, including pipes called culverts, within portions of the public ditches to facilitate
access to or use of the private property;
WHEREAS, the City requires that property owners obtain a permit from the City
to modify the ditches, including the installation of private storm drainage systems;
WHEREAS, the City desires to define the responsibilities of the private property
owners to maintain these private storm drainage systems serving their property, to
maintain the vegetation in the public ditches abutting the private property, and to
remove debris in the ditches that may hinder the flow of stormwater and cause flooding
or damage to public storm conveyance facilities that operate under the City's NPDES
permit;
WHEREAS, the City is required by its NPDES permit to implement a new
inspection program ("Source Control Program") by January 1, 2023 to inspect public
and private properties to ensure that onsite activities are using the Best Management
Practices identified in the SWMM to prevent pollutants from entering the storm drainage
facilities, and to enforce that such best management practices are employed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6851
March 17, 2022
Page 2 of 3 Rev.2019
Section 1. Amendments to Chapter 13.48 of the Auburn City Code.
Section 13.48.005, 13.48.010, 13.48.180, 13.48.240, and 13.48.440 of the Auburn City
Code shall be amended as set forth in Exhibit A to this Ordinance.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, orportion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
MAR 2 1 2012
INTRODUCED:
PASSED: MAR 2 1 2022
APPROVED: LIAR 2 2022
ANCY AKUS, MA •R
ATTEST: APPROVED AS TO FORM:
OINAkt CAW /(A
Shawn Camp ell, MMc, City Clerk Kendra Comeau, City Attorney
Published: Marti 'x,&14/ can yl \ Spq �t T�YYIQ�
Ordinance No. 6851
March 17, 2022
Page 3 of 3 Rev.2019
EXHIBIT A
13.48.005 Purpose.
The city has determined that a storm drainage utility and associated regulations are
necessary to protect the public health, safety, and general welfare of the citizens of
Auburn; promote sound development policies and construction procedures which
respect and preserve the city's natural resources; and prevent the creation of public
nuisances that would occur without such utility and regulations. The purpose of the
storm drainage utility is to:
A. Maintain the city's compliance with the National Pollutant Discharge Elimination
System (NPDES) Western Washington Phase II Municipal Stormwater Permit;
B. Maintain the city's'complianc'e_,with the Underground Injection Control Program rule,
Chapter 173-218 WAC as it pertains to stormwater;
BC. Maintain the city's compliance with federal flood insurance programs;
GD. Require the integration of low impact development policies, procedures, and BMPs
into the city's storm water infrastructure where feasible;
DE. Control and prevent the flooding of property, both public and private;
€F. Manage uncontrolled volume increase, rate, or contaminated load of runoff;
Maintain and protect existing water resources such as creeks, streams, rivers,
ponds, lakes, groundwater, and other water bodies;
GH. Maintain and protect water used for contact recreation, aquatic habitat, drinking
water supply, and aesthetic quality;
#I. Provide for the planning, security, design, construction, use, maintenance, repair
and inspection of the storm and surface water system;
U. Protect the functions and values of critical areas as required under the State's
Growth Management Act and Shoreline Management Act;
4K. Provide for enforcement of the provisions of this code, the engineering construction
standards and the engineering design standards per Chapter 12.04 ACC, and related
city manuals and code provisions;
KL. Establish rates and charges that provide a method of payment of all or any part of
the cost and expense of maintaining and operating storm water control facilities; all or
any part of the cost and expense of planning, designing, establishing, acquiring,
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developing, constructing and improving storm water control facilities; or all or any
portion of any issue of general obligation or revenue bonds issued for such purpose.
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 management manual; nontechnical words or phrases will
be given their dictionary meaning.
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 collection.
B. "Best management practices (BMPs)" means the schedules of activities, prohibitions
of practices, maintenance procedures and structural and/or managerial practices that,
when used singly or in combination, prevent or reduce the release of pollutants and
other adverse impacts to waters of Washington State.
C. `Channel" (also called "Ditch") means a constructed depression that collects and
conveys stormwater, often from a public or private road. Channels and ditches are
considered storm drainage systems.
GD. "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.
DE. "Connection" means the connection of all storm drainage disposal lines and flow
from contributing surface area from all development on a property to a public or private
storm drainage system.
F. "Culvert" means a pipe or structure placed within a ditch or channel and then covered
with fill to provide for non-stormwateruses such as but not limited to vehicular or
pedestrian access to a property. Culverts are considered storm drainage systems.
EG. "Detention" means the temporary storage of storm and surface water runoff with
provisions for the controlled off-site surface release of the stored water.
H. "Director" means the director of community development and public works of the
city of Auburn or designee.
Gl. "Emerging technology" means water quality treatment technologies that are
currently being evaluated for performance.
#J. "Engineering construction standards and engineering design standards" means the
requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary sewer,
transportation, and water facility design and construction.
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4K. "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.
A. "Hard surface" means an impervious surface, a permeable pavement, or a
vegetated roof.
KM. "Illicit connection" means any manmade 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.
IN. "Illicit discharge" means any discharge to a municipal separate storm sewer that is
not composed entirely of storm water except discharges pursuant to a NPDES permit
(other than the NPDES permit for discharges from the municipal separate storm sewer)
and discharges resulting from firefighting activities.
MO. "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.
Impervious surface also means a hard surface area which causes water to run off in
greater 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,
rooftops, walkways, patios, driveways, parking lots, storage areas, standard Portland
cement concrete (PCC) or asphalt cement concrete (AC) paving, gravel roads, packed
earthen materials, and oiled macadam or other surfaces which similarly impede the
natural infiltration of storm water. Open, uncovered, retention/detention facilities shall
not be considered as impervious surfaces for the purpose of determining whether the
thresholds for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of
runoff modeling.
NP. "Land disturbing activity" means any activity that results in movement of earth, or a
change in the existing soil cover (both vegetative and nonvegetative) and/or the existing
soil topography. Land disturbing activities include, but are not limited to, clearing,
grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered land disturbing activity.
Vegetation maintenance practices are not considered land disturbing activity.
Q. "Low impact development (LID)" means a storm water management and land
development strategy applied at the parcel and subdivision scale that emphasizes
conservation and use of on-site natural features integrated with engineered, small-scale
hydrologic controls to more closely mimic predevelopment hydrologic functions.
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PR. "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.
QS. "New development" means land disturbing activities, including Class IV—general
forest practices that are conversions from timber land to other uses; structural i_
development, including construction or installation of a building or other structure;
creation of hard surfaces; and subdivision, short subdivision and binding site plans, as
defined and applied in Chapter 58.17 RCW. Projects meeting the definition of
redevelopment shall not be considered new development.
RT. "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.
SU. "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 hard surface.
TV. "Parcel, non-single-family" means any parcel of developed land other than single-
family or two-family (duplex) residential.
UW. "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.
VX. "Parcel, two-family (duplex) residential" means any parcel of developed land having
one duplex (two-family dwelling) per lot.
WY. "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 hard surfaces.
Z. "Private Storm Drainage Facilities".means those storm drainage facilities that are not
Public Storm Drainage Facilities.
AA. "Public Storm Drainage Facilities" means those storm drainage facilities that
provide stormwater management for public roadways and city-owned properties, and
that are owned and maintained by the city.
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XBB. "Redevelopment" means, on a site that is already substantially developed (i.e.,
has 35 percent or more of existing hard surface coverage), the creation or addition of
hard surfaces; the expansion of a building footprint or addition or replacement of a
structure; structural development including construction, installation or expansion of a
building or other structure; replacement of hard surface that is not part of a routine
maintenance activity; and land disturbing activities.
TFCC. "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,
infiltration, and low impact development strategies.
ZDD. "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
"Storm water."
AAEE. "Source control BMP" means a structure or operation that is intended to prevent
pollutants from coming into contact with storm water through physical separation of
areas or careful management of activities that are sources of pollutants. Source control
BMPs can be divided into two types. Structural source control BMPs are physical,
structural, or mechanical devices or facilities that are intended to prevent pollutants from
entering storm water. Operational source control BMPs are nonstructural practices that
prevent or reduce pollutants from entering the storm water.
88FF. "Storm drainage facility" means any natural stream/creek or constructed
component of Auburn's storm drainage system or other storm drainage system.
GGGG. "Storm drainage system" means the total system of storm drainage facilities as
described in ACC 13.48.030.
BB HH. "Storm water" means runoff during and following precipitation and snowmelt
events, including surface runoff and drainage.
€€II. "SWMM" as referred to in this chapter means the City of Auburn Surface Water
Management Manual as adopted in Chapter 12.04 ACC.
€ JJ. "Utility" means the city storm drainage utility created by the ordinance codified in
this chapter.
GGKK. "Watercourse" means a channel, either natural or manmade, in which a flow of
water occurs, either continuously or intermittently.
##LL. "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.
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13.48.180 Inspection and compliance with storm drainage requirements.
A. The city shall have the authority to establish the necessary recorded instrument that
identifies required storm best management practices (BMPs), location, and
maintenance obligations.
B. Duly authorized personnel of the city shall have free access to public and private
property at hours subject to the provisions of ACC 1.20.010 for the purpose of:
1. inspecting Inspecting private storm drainage facilitiessystems, the manner in
which they are being used, and the satisfactory compliance with the provisions of
this article.
2. Inspecting the property to ensure that onsite activities are using the BMPs
identified in the SWMM that are intended to prevent pollutants from entering the
storm drainage facilities and that are applicable to the onsite activities, as
required by the Source Control Program provisions in the city's NPDES permit.
C. 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 shall be responsible for reimbursing the city for all reasonable costs.
Any delinquent payments shall constitute alien as fixed by ACC 13.06.290300 and
RCW 35.67.
D. If the city determines that the onsite activities or actions of a property owner,-or
discharges from a private storm drainage facility;result in damage to a public storm
drainage facility or a water quality violation, or if such action or discharge requires
corrective action by the city as determined by the city engineer, the property owner will
be liable and financially responsible for said damage, maintenance, and for any and all
necessary repairs or other corrective actions necessary to restore the public storm
drainage facilities to full and normal operation, and will be subject to code enforcement
actions as defined in Chapter 1.25 ACC.
ED. Inspections of storm water treatment and flow control facilities shall be performed
by the city at a frequency to comply with the Western Washington Phase II Municipal
Stormwater NPDES Permit.
FE. Inspections of the implementation and effective use of operational and structural
source control BMPs shall be performed by the city at a frequency to comply with the
Western Washington Phase II Municipal Stormwater NPDES Permit.
EG. New residential developments that are part of a larger common plan of
development or sale shall be inspected every six months during the period of heaviest
house construction (i.e., one to two years following subdivision approval or until 50
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percent of build-out is achieved) to identify maintenance needs and enforce compliance
with the maintenance standards as needed.
13.48.240 Storm drainage permit— Requirements.
A. It is unlawful for any person to construct)-er connect to, or alter a public or private
storm drainage facilitiessystem without first obtaining a written--permit to do so from the
city.
B. It is unlawful for any person to modify, alter, remove, repair or replace either a private
or public storm drainage facilitysystem without first obtaining atten permit to do so
from the city, unless such repair or replacement constitutes an emergency, in which
case a permit will be obtained as soon after the emergency as possible. Maintenance
activities to inspect or clean private or public storm drainage facilities do not require a
permit, except when such activities restrict travel in a public roadway.
C. Storm drainage permit types and categories shall be determined administratively by
�. the city. In addition to other required permits by the city and by other jurisdictions, aA
storm drainage permit shall be required for the following activities:
1. Addition or replacement of hard surfaces;
2. Land disturbing activities;
3. Development and use of property that creates a direct or indirect need for storm
drainage facilities;
4. Connection to any storm drainage facilitysystem;
5. Installation, removal, or mModification of any storm drainage facilitysystem including,
but not limited to, filling or grading of a ditch or channel andinstallation, modification, or
replacement of a culvert;
6. Any activities within a critical area and associated buffers;
7. Any other activities as determined by the city engineer to have an impact on the
storm drainage system.
13.48.440 Maintenance responsibility.
A. Private Maintenance Responsibility.
1_The maintenance1-and operation, repair, and replacement of private storm drainage
facilitiescystems shall be the responsibility of the property owner. Where the private
storm drainage facilities serve multiple properties, the maintenance, operation, repair
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and replacement 1tshall be the responsibility of the e" - e-- e • _ - . - •e " - - •
vvith
•• -
with the occupants er owners of the subject y propertiesfor a ption-ef
storm drainage facilities
2. The private storm drainage facilities shall be maintained so that discharges comply
with the water quality requirements in ACC 13.48.210. The maintenance, operation,
repair, and replacement shall be performed in accordance with the standards listed in
the SWMM.
3. The city may inspect the private storm drainage 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 private storm drainage facilities in
accordance with the maintenance standards listed in the SWMM shall be considered a
violation, enforceable in accordance with Chapter 1.25 ACC.
4. If the property owner's failure to maintain the private storm drainage facility results in
flooding or damage to the adjacent roadway or public storm drainage facility, the city
retains the right to make emergency repairs as needed to protect public safety.
5. Except as described in 13.48.440.8, surface maintenance of private and public storm
management facilities along roadways, including, but not limited to, ditches, channels,
streams, culverts, catch basin openings and grates, and pervious sidewalks, shall be
the burden and expense of the abutting property owner. Maintenance shall include, but
not be limited to: 1) removal of trash, debris, invasive vegetation, and moss; and 2)
vegetation trimming and maintenance. Property owners are not responsible for the
maintenance of underground public stormwater facilities suchas pipes, catch basins,
manholes, subgrade material of bioswales, and other underground structures and
appurtenances.
B. Public Maintenance Responsibility.
1. The city shall-beis responsible for the maintenance-and-operation, repair,
replacement, and maintenance to the extent needed to provide adequate
storage, conveyance, infiltration, and treatment of al-public storm drainage
facilities --- - • - - -- -- - -•- -- - - •- - _ . . _ --
facilities by the city.
2. The maintenance, operation, repair, and replacement shall be performed in
accordance with the standards listed in the SWMM.
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