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17.38.040 Stormwater Management Facilities Required.

(Amended by Ordinance Nos. 174745, 176783, 180037, 182144, 183397, 185397, 186659, 186902 and 187904, effective August 19, 2016.)  No plat, site plan, building permit, tenant improvement, public works project, or any improvement requiring a City permit will be approved unless the conditions of the plat, permit or plan approval requires installation of permanent stormwater management facilities and source controls designed according to standards or guidelines established by the Director and as specified in the Stormwater Management Manual and the Source Control Manual.

A.    Applicability.  All development and redevelopment sites with any of the following triggers must comply with the standards of the Stormwater Management Manual and the Source Control Manual to the extent each applies under its respective terms:

1.  Creation of any new impervious area.  Sites with 500 square feet or more of impervious area must be managed for pollution reduction, quantity or flow control requirements as spelled out in this Section; or

2.  Modification to or construction of new areas with pollution generating activities of concern as identified by rule.  These areas must be constructed with applicable onsite controls; or

3.  New connections or new drainage areas routed into the City’s sewer or drainage system under a City permit.  These connections most often are generated from decommissioning of private, onsite drainage or groundwater related systems; or

4.  Temporary structures are exempt from pollution reduction and flow control requirements, except for in specific instances identified by rule.

B.  Exemptions. The requirements of this Chapter for stormwater management do not apply to:

1.  Development for which an application for development approval is accepted by the permitting agency prior July 1, 1999 shall be subject to the requirements in place at the time of application.

2.  Public or private development that does not result in impervious surface coverage or results in coverage that is de minimis in relation to discharge, such as fences, environmental enhancement projects, buried pipelines or cables, and utility lines.

3.  Impervious surface created by a stormwater management facility such as but not limited to headwalls, manhole or vault covers.  Paved or compacted gravel facility access and maintenance roads that extend beyond the facility itself, are not exempted from the management requirements of this Title.

C.  Appeals.  Any applicant for a permit or authorization aggrieved by a decision, interpretation, or determination made pursuant to this Chapter or rules adopted thereunder, including the Stormwater Management Manual and the Source Control Manual, may appeal such action in accordance with appeals processes specified in the Stormwater Management Manual and the Source Control Manual.

D.  Maintenance of  Stormwater and Groundwater Management Facilities.

1.  All applicants for new development, redevelopment, plats, site plans, building permits or public works projects, as a condition of approval, shall be required to submit an operation and maintenance plan and the required plan cover sheet for the required stormwater management facilities for review and approval by the Director, unless otherwise exempted in the Stormwater Management Manual. A stormwater management facility that receives stormwater runoff from a public right-of-way shall be a public facility, and maintained by the City, unless the right-of-way is not part of the City road maintenance system.

a.  The information required in an operation and maintenance plan shall satisfy the requirements in the Stormwater Management Manual.  Applicants are required to submit the O & M recording form with the plan and are encouraged to use the O & M Plan template provided in the Stormwater Management Manual. The Plan shall include and not be limited to:

(1)  Design plans of the specific facility and related parts, including design assumptions; and

(2)  A schedule for routine inspection, including post storm related inspections; and

(3)  A description of the various facility components, the observable trigger for maintenance, and the method of maintenance, including appropriate method of disposal of materials; and

(4)  The intended method of providing financing to cover future operations and maintenance; and

(5)  The party or parties responsible for maintenance of the facility including means of effecting contact, including contact means for emergency situations. The party may be an individual or an organization.

b.  A maintenance log is required.  The log shall provide a record of all site maintenance related activities.  The log shall include the time and dates of facility inspections and specific maintenance activities.  This log shall be available to City inspection staff upon request.

2.  Failure to properly operate or maintain the water quality or quantity control facility according to the operation and maintenance plan may result in an enforcement action, including a civil penalty, as specified in Section 17.38.045, Enforcement.

3.  A copy of the operation and maintenance plan shall be filed with the Bureau of Environmental Services.  Staff may require a site map to be recorded and filed with the appropriate county Department of Assessment and Taxation.

4.  Removal of a permanently installed stormwater management facility without prior approval from BES is a violation of this Chapter.

E.  The Director may file instruments in county deed records to inform future property owners of regulations and conditions of approval related to the property as provided in this Chapter and associated rules, including the Stormwater Management Manual.