Chapter 13.05
STORMWATER MANUAL – SITE DEVELOPMENT REGULATIONS

Sections:

13.05.001    Site development regulations.

13.05.010    Exemptions.

13.05.020    Definitions.

13.05.030    Site development permits.

13.05.040    Engineer’s/geologist’s responsibility.

13.05.050    Engineering review fee.

13.05.060    Technical equivalency.

13.05.070    Hazards.

13.05.080    Variances.

13.05.090    Appeals.

13.05.100    Penalties and enforcement.

13.05.110    Inspections, right of entry, access.

13.05.120    Applicability to applications.

13.05.130    Preexisting stormwater facilities.

13.05.140    Acceptance of preexisting stormwater facilities.

13.05.150    Applicability.

13.05.160    July 2021 Edition, Pierce County Stormwater Management and Site Development Manual adopted.

13.05.170    Modifications to the PCM.

13.05.180    Copy to be available.

13.05.190    Conflict of provisions.

13.05.200    Severability.

13.05.210    Effective date.

13.05.001 Site development regulations.

These regulations establish criteria for review and analysis of all development including, but not limited to, grading, formal subdivision, short subdivision, commercial building, binding site plans, planned unit developments, planned development districts, single-family home construction, duplex construction, or other projects when so required by the city of Edgewood hearing examiner or city council. All proposals for development, whether public or private, which are submitted to the city for review, must conform to these regulations, which are to be used as the basis for review, design, and construction.

These regulations cannot address all situations. They are intended to assist, but not to substitute, competent work by professional engineers. It is expected that the professional engineer will bring to each project the best of the engineer’s skills and abilities to see that the project is thoroughly analyzed and designed correctly, accurately, and in compliance with generally accepted engineering practices. These regulations are not intended to unreasonably limit any innovative or creative effort in design and construction which could result in better quality, reduced environmental impacts, cost savings, or improved performance of a project’s storm drainage system.

These regulations are based on the premise that development should not impact adjacent or downstream property owners or the environment in a detrimental manner compared to the predevelopment condition. The engineer shall show by calculations, plans, and engineering data that the proposed project meets the requirements of these regulations.

It is not the intent of these regulations to make city of Edgewood a guarantor or protector of public or private property with respect to development. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.010 Exemptions.

The following work is exempt from the requirements of these regulations:

A. Complete site development applications submitted prior to the effective date of this chapter, or any amendments thereto, for city review and approval. In such event, the provisions of this chapter that were in effect as of the time a complete site development application was submitted shall control.

B. Emergency projects which if not performed immediately would substantially endanger life or property. Upon resolution of the emergency, the property owner must either restore the site to its original condition or comply with the requirements of this title within 60 days. The city may extend the 60-day time limit when the property owner can show reasonable cause for the delay.

C. Public works and private sector road and utility projects completely within the road right-of-way or within easements adjacent to the right-of-way which do not add impervious surface (not to include trenching activities) or impact the watershed or downstream resources. This may include pavement maintenance practices limited to pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, pavement preservation activities that do not expand the road prism, and vegetation maintenance.

D. Grading of land for agricultural purposes; provided, that the requirements of EMC Title 14, Critical Areas, are met.

E. Maintenance of public roads or flood control projects when done by a public agency and the project has been reviewed and approved for compliance with applicable state, federal, county, and city regulations, and the work is in an existing public right-of-way or easement dedicated to or on property owned by the city.

F. Public works maintenance activities and utility activities which have submitted and had approved an annual scope of work for routine repetitive activities detailing erosion and sediment control measures that comply with the provisions of the PCM or Regional Road Maintenance Endangered Species Act Program Guidelines developed by Tri-County Road Maintenance Technical Working Group, August 2000, and which will be implemented during the specified activities.

G. Routine agricultural practices such as discing, harrowing, plowing, etc., except in sensitive or critical areas. However, said routine agricultural practices in sensitive or critical areas that commenced prior to June 1998 are exempt.

H. Emergency sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property.

I. Washington State Department of Transportation (WSDOT) projects in which stormwater management standards, specifications, and practices are conducted in accordance with “WSDOT’s Highway Runoff Manual” as approved by the Department of Ecology.

J. All utility trenching and installation where said utility has filed a yearly scope of work plan that addresses sediment and erosion control work methods that comply with the PCM.

K. Projects that are covered under the state of Washington Model Toxics Control Act (MTCA) or the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

L. The removal, deposit, stockpiling, broadcasting or displacement of not more than a total of 50 cubic yards of material throughout the life of a development from its existing, permitted condition. Said materials shall include, but not be limited to, topsoil, gravel, earth, peat, sawdust, mulch, bark, chips or solid nutrients.

M. The creation, addition, or replacement of not more than 200 square feet of impervious surface area. (Ord. 22-629 § 2 (Exh. A); Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

A. “Applicant” means the person, party, firm, corporation, or other legal entity that proposes to develop property in the city of Edgewood by submitting an application for any of the activities covered by these regulations on a form furnished by the city and paying the required fees.

B. “City” means the mayor or his/her designee; also the city, its duly authorized representatives, and the jurisdictional boundaries of the city.

C. “Development” means any manmade change to improved or unimproved real property including, but not limited to, construction of buildings or other structures, placement of manufactured home, mining, dredging, logging, clearing, filling, grading, paving, excavation, drilling operations, or the subdivision and short plat of property.

D. “Director” shall mean the director of public works or designee as necessary to ensure compliance with these regulations unless explicitly referenced otherwise.

E. “Engineer” means a professional civil engineer, currently licensed by the state of Washington, retained by and acting on behalf of the applicant. The term “engineer” also means design engineer and project engineer.

F. “Geologist” means geologist, engineering geologist, or hydrogeologist registered in the state of Washington.

G. “Manual” means the PCM including all amendments, corrections, and changes made through subsequent city ordinance.

H. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, recreational vehicles or other similar vehicles.

I. “Parcel” means any portion, piece, or division of land, fractional part or subdivision of block, according to plat or survey; portion of platted territory measured and set apart for individual and private use and occupancy.

J. “Pierce County Stormwater Management and Site Development Manual (PCM)” means the manual adopted by this chapter, which is incorporated into these regulations by reference and all amendments, corrections, additions made to it by subsequent city ordinances. Copies of the manual are available for inspection at City Hall and download on the city’s website. Hard copies may be available for purchase at Pierce County.

K. “Pothole” means a relatively sunken or low-lying area of the earth’s surface, especially one having no natural outlet for surface drainage.

L. “Redevelopment” means, on an existing developed site, change of pervious type, the creation or addition of impervious surfaces, external structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities associated with structural or impervious redevelopment.

M. “Regulations” means this chapter plus requirements contained in the PCM and applicable provisions of the Edgewood Municipal Code. Copies of the PCM are available for inspection at City Hall.

N. “Short plat” is the map or representation of a short subdivision.

O. “Short subdivision” is any voluntary or involuntary division or redivision of land into four or fewer lots, tracts, parcels, sites or subdivisions for the purpose of sale, lease or transfer of ownership.

P. “Site” means any parcel or combination of contiguous parcels where grading, filling, clearing, or creation of an impervious surface is proposed, and which may be controlled by more than one property owner.

Q. “Washington State Department of Ecology Stormwater Management Manual for Western Washington (SMMWW)” means the 2012 Edition, as amended in 2014, of this document and as may be further amended.

R. “Site development plan” shall include the following, as specifically required by the city in each instance: site plan, erosion and sedimentation control plan, grading plan, storm drainage plan, stormwater drainage control report, soils report, flood study, entering sight distance variances and verifications, and other documents required in the review of proposed development of the property.

S. “Site development permit” means a permit issued by the city authorizing the applicant to access the property; fill, grade and create a different type of pervious or impervious surface or any combination thereof.

T. “Subdivision or final plat” is any voluntary or involuntary division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

U. “Technical equivalency” or “technical deviation” means an alternative design option requested by an applicant or the applicant’s engineer which deviates from the stipulated technical design standards or criteria found in the PCM.

V. “Variance” means an adjustment to the development standards, that does not apply to use, that is reviewed and approved by the hearing examiner after at least one public hearing. (Ord. 16-482 § 2 (Exh. B); Ord. 15-447 § 1 (Exh. A); Ord. 05-259 § 1).

13.05.030 Site development permits.

A. Permits. Issuance of a site development permit by the city does not, in any way, imply or signify that the proposal complies with the requirements of or is allowed by other city ordinances, regulations, or requirements, or state or federal laws. The applicant is in no way relieved of responsibility and liability for compliance with all state, federal, and local rules, requirements, laws, ordinances, and regulations.

B. Permit Required. Unless exempt from these regulations, no person, party, firm, corporation, or entity shall do any grading, filling, clearing, excavating, or ditching, or create an impervious surface, or any development or redevelopment activity unless the work is in accordance with a valid site development permit from the city issued pursuant to the provisions of these regulations. Each site must have a separate site development permit. The permit issuance, payment of fees, and plan review must be completed prior to plat approval or issuance of building permits.

C. Application for a Permit. An application for a site development permit shall be made by the owner or owner’s agent with the city. The application must be accompanied by the appropriate number of site development plans as detailed in the manual, including grading plans, erosion and sedimentation control plans, storm drainage plans, and report(s). If the director or designee determines that the proposed improvements have a reasonable likelihood to negatively impact public health or safety of downstream properties, based on best available science and/or otherwise known conditions, he/she may require that additional investigations and/or reports (e.g., geotechnical investigations, downstream analysis, zero-rise analysis, etc.), as appropriate, be provided. The applicant may also provide additional information, as appropriate, to identify the scope of work.

D. Permit Issuance. The city shall review the submitted information to determine if it complies with the provisions of these regulations. If the proposed work, as identified by the application and plans, complies with the provisions herein or as imposed by the city pursuant to these regulations or if they are corrected or amended to comply within the specified time limit and all applicable fees have been paid, the city shall issue a site development permit to the applicant. The permit must be kept on site for the duration of the construction activity. The developer will be responsible for ensuring the permit is maintained on site and is easily accessible.

E. Permit Approval. Upon receiving hearing examiner approval (if required) and after the expiration of the appeal period, site development permits may be issued for clearing, site grading, road construction, and installation of storm drainage facilities individually or under one site development permit. If separate applications are submitted, they must be accompanied by the pertinent plans and reports as further detailed in the PCM.

F. Compliance. The issuance of a site development permit shall not relieve the applicant from complying with other applicable city regulations, state or federal regulations or laws.

G. Permit Time Limit. A site development permit shall be valid for three years from the date of approval or final plat approval by the city, whichever comes last. A single one-year extension may be granted if deemed appropriate by the city.

H. Permit Expiration. Unless governed by the provisions of RCW 58.17.140, a new application must be filed and a permit must be obtained for work not completed before the expiration of the previous site development permit within this time period. Said permit will be issued in compliance with the regulations in effect at the time of submittal of said new application.

I. Changed Conditions, Stop Work Order, and Permit Revocation. Should the city become aware of conditions that invalidate the original design data used to obtain the permit or determine that the applicant is not complying with the conditions of the permit or approved plans, the city may revoke the original permit and/or order work stopped on the project. The city may require the applicant to resubmit information or plans for review and approval and apply for a new permit. The city may order all or part of the permitted work stopped for any period of time for any of the following reasons:

1. The applicant fails to comply with the conditions of the permit.

2. The permit was granted on the basis of erroneous or incomplete information submitted to the city by the engineer or applicant.

3. The weather-related emergency conditions cause off-site or downstream drainage or water quantity or quality problems.

4. The work has created a condition which is a hazard to life, endangers property, or adversely affects the use or stability of a public way or drainage course. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.040 Engineer’s/geologist’s responsibility.

Unless otherwise allowed by exceptions contained within the PCM, all site development plans and reports submitted to the city for review and approval shall be prepared by an engineer and/or geologist. The city will review the work for compliance with these regulations. Should errors, omissions, or inaccurate data related to the submitted work come to the city’s attention, the applicant or engineer/geologist, as applicable, shall correct all deficiencies and be responsible for any and all damages resulting from the defective work. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.050 Engineering review fee.

Engineering review fees as set forth in the city of Edgewood fee schedule must be paid upon application for the site development permit. Additional review fees may be assessed by other city divisions and departments prior to permit issuance. (Ord. 23-652 § 32 (Exh. A); Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.060 Technical equivalency.

A. The director of public works may grant technical deviations from the requirements contained in this chapter; provided, that all of the following are met:

1. The granting of technical equivalency will not otherwise result in noncompliance with minimum requirements set forth in the PCM;

2. The granting of technical equivalency will not violate the development conditions imposed upon the project;

3. The granting of technical equivalency will produce a compensating or comparable result which is in the public interest;

4. The granting of technical equivalency will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.

B. The director of public works, or designee, shall make written findings supporting the determination of technical equivalency. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.070 Hazards.

Whenever the director determines that any existing construction site, erosion/sedimentation problem and/or drainage facility poses a hazard to life and limb, endangers any property, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of city right-of-way, utilities, and/or other property owned or maintained by the city, the applicant/person to whom a permit was issued, the owner of the property, the applicant/person responsible for maintenance, and/or other person or agent in control of said property, upon receipt of notice in writing from the director, shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

Should the director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he/she may take the measures necessary to eliminate the hazardous situation; provided, that he/she shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required, owner of the property and/or person responsible for the maintenance of the facility, shall be obligated for payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other city requirement has been posted, the director shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.080 Variances.

A variance may be requested to these regulations pursuant to the procedures and criteria set forth in EMC Title 18. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.090 Appeals.

Any person or agency aggrieved by a final act or decision of the city under these regulations may appeal to the city hearing examiner pursuant to the provisions of Chapter 2.40 EMC, as now enacted or hereafter amended. Administration, including staff report preparation and public hearing notification, shall be prepared by the city. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.100 Penalties and enforcement.

A. General. Failure to comply with this chapter and the manual will be cause for withholding or withdrawing approval of the overall project plans, revocation of the site development permit, suspension of building inspections, forfeiture of the financial guarantee submitted to the city, and/or nonacceptance of the work by the city.

B. Impact of Forest Practices Permit. A site development application or permit will not be issued on any parcel that has a valid nonconversion forest practices permit for a period of six years from the date of the forest practice application approval.

C. Illegal Earthwork. The city may require the property owner to remove or replace illegal earthwork and/or restore and reclaim an illegally graded parcel. Earth material brought onto a parcel must be removed to a properly permitted disposal site.

D. Enforcement Actions. The director shall have the authority to enforce this chapter. The director is authorized to issue violation notices, levy fines, recover costs, issue notices of civil infraction, and/or institute both civil and criminal actions in the court. Recourse to any single remedy shall not preclude recourse to any other remedies available to the city. The director is also authorized to issue stop work, cease activity, and/or emergency orders in accordance with Chapter 7.40 EMC. Except as otherwise specified, violations of this title shall constitute civil violations subject to enforcement and penalties as set forth in this title and EMC Title 7, Code Enforcement.

E. Improper Construction. Prior to acceptance or approval of the development, the city may remove, correct, or replace any improperly constructed facility, structure, or portion thereof which was allowed through an issued site development permit, and all expenses incurred by the city shall be paid by the property owner or applicant. If the city is required to bring an action to recover such costs, the city will recover reasonable attorney’s fees and interest at 12 percent per annum to run from the date the work was completed by the city. Applicants must agree to this provision as a condition of issuance of any permit authorized by these regulations.

F. Civil Infraction. Any person who fails to comply with a written request of the director, or designee, shall be liable to the city for a civil infraction pursuant to Chapter 1.10 EMC, as well as all and any civil remedies available at law. Each violation, and in the case of a continuing violation, each day of continued violation, shall be a separate and distinct violation. Civil penalties shall be assessed at a rate of $250.00 per day per violation, and statutory assessments will be in addition to this amount pursuant to EMC 1.10.010(A).

G. Civil Penalty. The provisions of this section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law. The purpose of this penalty is to encourage compliance with this chapter and to obtain redress for ecological, recreational, and economic values lost or damaged due to the unlawful action. Any person who fails to obtain a necessary permit prior to conducting activities governed by the provisions of this chapter shall be assessed a civil penalty as follows:

1. The director may assess the violator a civil penalty at a rate of $250.00 per day per violation. Each violation or each day of continued unlawful activity shall constitute a separate violation.

2. Any person who, through an act of commission or omission, aids in a violation shall be considered to have committed the violation for purposes of the civil penalty.

3. All civil penalties recovered during the enforcement of this section shall be deposited into a fund of the division taking the enforcement action.

H. Recovery of Costs Incurred by the City. Any person violating any of the provisions of this chapter, who discharges or causes a discharge which violates the city NPDES permit, and/or produces a deposit or obstruction, or causes damage to or impairs the city stormwater disposal system, or causes damage to physical, chemical, or biological systems of waters of the state or waters of the United States, shall be liable to the city for any expense, loss, or damage caused by such violation or discharge, including the costs for bringing the city back into compliance with its NPDES permit associated with the violation of these regulations, and any fines levied for violations of the city’s NPDES permit.

1. A bill issued by the director or designee for collection of costs incurred is appealable within 14 days from the date of the letter. Appeals may be filed by submitting an appeal fee as set forth in the city of Edgewood fee schedule, along with a written statement identifying the basis for disputing city claim to the department initiating the action.

I. Violators Punishable by Fine and Imprisonment. Any person who, without authorization, discharges pollutants into a municipal drainage system, uses an unapproved connection to discharge into a municipal drainage system, submits false information in permitting and reporting requirements, violates the terms and conditions of a permit, violates a cease and desist order issued by the director or designee, fails to pay a civil penalty or cost recovery assessment, or obstructs or damages a municipal drainage system shall be deemed guilty of a misdemeanor. Any person convicted of a misdemeanor under this code shall be punished by a fine not to exceed $5,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment, in accordance with Chapter 1.10 EMC. Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued, or permitted by such person and shall be punishable as provided for in this chapter. Any person who, through an act of commission or omission, procures, aids, or abets in violation shall be considered to have committed a violation for the purpose of this section.

J. Injunction and Other Civil Remedies. In addition to any other penalty or method of enforcement, the city attorney may bring civil actions and suits for damages, injunctive relief and/or for other civil remedies as necessary. Any violation of this chapter shall constitute a public nuisance, and may be enjoined as provided by the statutes of the state of Washington, Chapter 1.10 EMC, and EMC Title 7, Code Enforcement.

K. Public Nuisance. Any work carried out contrary to the provisions hereof shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington, Chapter 1.10 EMC, and EMC Title 7, Code Enforcement.

L. Collection of Unpaid Penalties and Costs. In addition to any other legal remedies available to the city, the city may refer any unpaid civil penalties or cost recovery assessment to a collection agency in accordance with Chapter 3.55 EMC and RCW 19.16.500. (Ord. 23-658 § 8 (Exh. A); Ord. 23-652 §§ 33, 34 (Exh. A); Ord. 20-572 § 5 (Exh. E); Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.110 Inspections, right of entry, access.

The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the director may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such premises or portion thereof is occupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry.

Proper ingress and egress shall be provided to the director to inspect or perform any duty imposed upon the director by this chapter. The director shall notify the responsible party in writing of a failure to provide access. If the responsible party fails to respond within seven days from the receipt of notification, the director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the city in causing such work to be done shall be imposed on the person holding title to the subject property. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.120 Applicability to applications.

The following will be used in determining the applicability of this chapter to applications:

A. For the purposes of this chapter, a valid and fully complete development permit or approval application must include:

1. An application form with all sections filled in;

2. Copies of all existing easements, deed restrictions, or other encumbrances restricting the use of the subject property;

3. A completed environmental checklist (if potential critical areas are indicated on the city’s critical areas map);

4. Record of payment for any application fees specified in the city’s fee schedule;

5. Documentation of compliance with the application requirements in the PCM;

6. Completed applications for other required permits or approvals if they are to be processed with the development applications, or copies of issued permits or applications if they have been previously approved; and

7. Any other documents or information required in the EMC or the hearing examiner’s conditions for the specific permit or approval which is the subject of the development application.

B. Determination that an application is valid and fully complete will be made by the director or designee.

C. For the purposes of this chapter, the date that an application is valid and fully complete shall be determined according to the following specifications:

1. If the application is determined by the director to be valid and fully complete, the date that the application was submitted and date-stamped at the permit counter shall be the date the application is deemed valid and fully complete.

2. If the application is determined to be invalid and/or incomplete by the director, and the information requested by the department to resolve the application’s invalid or incomplete status is determined by the department to be valid and fully complete, then the date the application is deemed valid and fully complete shall be the date the last piece of requested information is submitted and date-stamped at the permit counter.

3. If the applicant does not submit responses to a request from the department for additional information within 90 days, the application shall be deemed withdrawn by the applicant and no valid and fully complete application rights shall exist.

D. Although the director shall determine the validity and completeness of an application for purposes of establishing a valid and fully complete application date, during the review of the completed application, the director may require submittal of additional information or reports (e.g., geotechnical investigations, etc.). (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.130 Preexisting stormwater facilities.

The applicant/person required to construct a stormwater facility pursuant to the replaced development regulations/site development or older regulation, which is covered by a maintenance or defect financial guarantee or which has been released from all required financial guarantees prior to November 15, 2016, and all persons holding title to the property for which a facility was required shall be responsible for the continual operation and maintenance of the facility in accordance with standards and requirements established at the time of completion of the site development permit and for any liability as a result of breach of these duties. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.140 Acceptance of preexisting stormwater facilities.

The city may assume maintenance of preexisting facilities only after the following conditions have been met:

A. All necessary easements or dedications entitling the city to properly maintain the stormwater facility have been conveyed to the city;

B. The director of public works has determined maintenance of the facility will contribute to protecting or improving the health, safety, and welfare of the community based upon review of the following factors:

1. Existence of or potential for flooding;

2. Existence of or potential for downstream erosion;

3. Existence of or potential for property damage due to improper function of the facility;

4. Existence of or potential for safety hazard associated with the facility;

5. Existence of or potential for degradation of surface or ground water quality or in-stream resources;

6. Existence of or potential for degradation to the general welfare of the community;

7. Improvements in residential plats/PDDs have been completed on at least 80 percent of the lots;

8. An inspection by the director has determined that the stormwater facilities meet current codes and are functioning as designed;

9. The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director;

10. The person or persons holding title to the properties served by the stormwater facilities submit a petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that the city maintain the stormwater facilities;

11. All easements and/or dedicated tracts required under this chapter, entitling the county to properly operate and maintain the subject stormwater facilities, have been conveyed to city and have been recorded with the Pierce County auditor;

12. The person or persons holding title to the properties served by the stormwater facilities show proof of the correction of any defects in the drainage facilities, as required by the director; and

13. The director has declared in writing acceptance of maintenance responsibility by the city. Copies of this document will be kept on file in the city public works office.

A stormwater facility which does not meet the criteria of this section shall remain the responsibility of the applicant/person required to construct the facility and persons holding title to the property for which the facility was required. The decision of the director is not appealable. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.150 Applicability.

Any project for which a building or grading permit is required shall provide stormwater management design meeting the requirements of the Pierce County Stormwater Management and Site Development Manual (PCM), except as amended herein. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.160 July 2021 Edition, Pierce County Stormwater Management and Site Development Manual adopted.

The city adopts by reference the July 2021 Edition, Pierce County Stormwater Management and Site Development Manual as modified herein. (Ord. 22-629 § 2 (Exh. A); Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.170 Modifications to the PCM.

The city hereby amends the PCM as follows:

Replace any reference to “County” or “Pierce County” in the PCM with “City” or “City of Edgewood”. Replace any reference to “Planning and Public Works (PPW)” in the PCM with “Community Development and Public Works Departments”. Replace any reference to “PCC Title 18E”, “PCC Title 18E.70”, “PCC Title 18E.80”, or “Critical Areas Ordinance” with “EMC Title 14”. Replace any reference to “PCC Title 18A” or “PCC Title 18J” with “EMC Title 18”. Any other references to “Pierce County Code” shall remain unchanged, unless otherwise noted herein.

Volume 1 Section 1.3 How to Use this Volume – Replace Item 3 with the following:

Chapter 3 to determine what submittal requirements apply. Submittal forms can be obtained from the City of Edgewood’s website: www.cityofedgewood.org.

Volume 1 Section 1.4.2 Protection and Establishment of Natural Buffer Areas – Replace the first paragraph with the following:

Natural buffer areas may be required to protect drainage courses from erosion and pollutants. Natural buffer areas are required adjacent to all wetlands, per the city’s requirements, as documented in the Edgewood critical areas maps and required by the Critical Areas Ordinance, EMC Title 14. Where development is proposed near buffer zones that have been established by the city or near an environmentally sensitive area, obtain the city’s regulations regarding buffer zones.

Volume 1 Section 1.7 Relationship of this Manual to Federal, State, and Local Regulatory Requirements – Replace the second and third paragraphs with the following:

The City of Edgewood website has information on the city’s permitting process, including online permit information: www.cityofedgewood.org.

Permit information can also be obtained by calling the general information line at (253) 952-3299, or visiting City Hall at 2224 104th Ave. E. in Edgewood.

Volume 1 Section 1.7.1 The Manual’s Role as Technical Guidance and Requirements – Replace “PCC Title 17A” under “Penalties and Enforcement” with “EMC 13.05.100”. Replace “PCC Title 17A” under “Appeals” with EMC 13.05.090.

Volume 1 Section 1.7.2 More Stringent Measures – Delete the second paragraph.

Volume 1 Section 1.7.3 Presumptive Versus Demonstrative Approaches to Protecting Water Quality – Replace the phone number at the end of the section with (253) 952-3299.

Volume 1 Section 1.7.4 – Replace this section with the following:

Phase II – NPDES and State Waste Discharge Stormwater Permits for Municipalities

Certain municipalities and other entities are subject to permitting under the U.S. Environmental Protection Agency (U.S. EPA) Phase II Stormwater Regulations (40 CFR Parts 122, 123). In western Washington, Ecology has issued joint NPDES and state waste discharge permits to regulate the discharges of stormwater from the municipal separate storm sewer systems operated by small cities, including Edgewood.

The Phase II NPDES Municipal Stormwater Permit was reissued on July 1, 2019 and is available on the Ecology website: https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-generalpermits/Municipal-stormwater-general-permits/Western-Washington-Phase-II-MunicipalStormwater.

Volume 1 Section 2.2 Exemptions – Replace “PCC Title 17A” with “EMC 13.05.010”.

Volume 1 Section 2.3.1 New Development – Replace the first, bold sentence with the following:

All new development shall be required to comply with Minimum Requirements #2, #4 and #5, regardless of size and even if exempt from permit application submittal.

Volume 1 Section 2.4.2

Minimum Requirement #2: Construction Stormwater Pollution Prevention

On page 2-8, add the following paragraph under the third paragraph of Section 2.4.2:

Per EMC Title 14.90.040(B)(5), the removal and disturbance of vegetation, clearing or grading in Landslide Hazard Management Areas shall be limited to the area of the approved development and shall not be allowed during the wet season (November 1st through May 1st), unless adequate provisions for wet season erosion have been addressed in the geotechnical report and approved by the department.

Volume 1 Section 2.4.5

Minimum Requirement #5 On-site Stormwater Management

On page 2-11, add the following paragraph under the first paragraph of Section 2.4.5:

To verify whether or not downstream drainage courses and facilities are adequate (Minimum Requirement #4), all project sites proposing 2,000 square feet or more of new and/or replaced impervious surface area with any discharge (including overflow) must perform a downstream analysis consistent with Section 3.3.4 (page 3-22, “Drainage Report Section 9”, beginning at the second paragraph), from the project site to the applicable receiving water body (pothole, lake, or stream) as depicted in the city’s Surface Water Management Plan.

The engineer must field inspect all existing stormwater drainage systems and determine if the capacity is adequate to handle existing flows, flows generated by the proposed project, and any overflows. Project sites tributary to a pothole will also require a zero-rise analysis of said pothole, meeting the requirements of EMC 14.80.050(E). Adequacy will be evaluated based on conveyance capacity during the 100-year peak flow, known flooding problems, erosion damage or potential, amount of freeboard in channels and pipes, and storage potential within the system. If the conveyance is deemed inadequate, the engineer must either improve the system or restrict flows leaving the project to compensate.

In lieu of this downstream analysis, the engineer may either:

1. Demonstrate the undetained / unmitigated 100-year peak flow rate under developed conditions (i.e. overflow) will not be greater than the modeled 100-year peak flow rate under existing conditions, or

2. Retain 100% of stormwater runoff within the project site (following the methods prescribed in the PCM), apply a 20% safety factor to the modeled stormwater retention volume(s), and no surface water will be allowed to leave the site (including overflow).

On page 2-11, replace the second paragraph with the following:

In addition, projects subject to the city’s Development and Design Standards (per EMC 18.90 and 18.95) should review Volume VI in conjunction with Minimum Requirements #5, #6, and #7. Some of the requirements of EMC 18.90 and 18.95 may partially or fully achieve the requirements of Minimum Requirements #5, #6, and #7. Projects using infiltration for stormwater management may be subject to groundwater flow testing and flow pattern identification as part of the mitigation requirements where infiltration may cause new or exacerbate existing down-gradient flooding, erosion or landslide problems.

On page 2-12, replace the text and Table 2.1 with the following:

Projects triggering Minimum Requirements #1 through #10 shall either:

a. Use onsite stormwater management BMPs from List #2 for all surfaces within each type of surface in List #2; or

b. Demonstrate compliance with the LID Performance Standard and implement the soil preservation and amendment BMP described in Volume III, Section 3.1. Projects selecting this option cannot use rain gardens. They may choose to use bioretention areas as described in Volume III, Section 3.4 to achieve the LID Performance Standard.

On page 2-13, replace Figure 2.3 with the following:

Figure 2.3 Flow Chart for Determining Minimum Requirement #5 Requirements.

On page 2-16, replace the second bullet under “Competing Needs” with:

Where an LID requirement has been found to be in conflict with special design criteria found in EMC Title 18, the existing codes may supersede or reduce the LID requirement.

Volume 1 Section 2.4.6

Minimum Requirement #6 Runoff Treatment

On page 2-19, add the following before the first paragraph under “Supplemental Guidelines”:

For new agricultural activities allowed under EMC 14.60.040(D) in aquifer recharge and wellhead protection areas, Integrated Pest Management (IPM) practices and fertilizer use Best Management Practices (BMPs) shall be used as described by the Washington State University Extension Service. See Appendix IV-B for an example IPM program.

Volume 1 Section 2.4.7

Minimum Requirement #7 Flow Control

There are no flow control-exempt receiving waters in the City of Edgewood. Delete the following:

•    On page 2-19 to page 2-20, first paragraph, last sentence, delete everything after “into a fresh waterbody”.

•    On page 2-20, delete the bullet points after the first paragraph, the second paragraph, and the bullet points following the second paragraph (which continue onto page 2-21).

On page 2-21, replace the second paragraph under “Thresholds” with the following:

If any of the following conditions are met / exceeded, the standard flow control requirement for western Washington must be achieved:

On page 2-21, amend the first bulleted paragraph under Thresholds to read:

•    Projects in which the total of effective impervious surfaces is 5,000 square feet or more in a threshold discharge area.

On page 2-21, replace the first paragraph under “Discharge Requirements” with the following:

It is the City’s policy that stormwater be infiltrated whenever possible. Infiltration facilities shall be designed in accordance with summary standards provided for the applicant’s convenience by the City, or in accordance with the PCM and associated reference documents. Projects using infiltration for stormwater management may be subject to groundwater flow testing and flow pattern identification as part of the mitigation requirements where infiltration may cause new or exacerbate existing down-gradient flooding, erosion or landslide problems.

The allowable release rates from a project are dependent upon the ultimate destination for the stormwater. All projects not directly attributable to one of the four categories defined below shall use Category A for determining the allowable discharge rates.

On page 2-21, replace first sentence under “Category A” with: “Any naturally occurring waterbody not defined as a closed depression, publicly owned regional retention and/or detention facility, or privately constructed regional retention and/or detention facility.” Under “Requirements”, delete the last word in the first paragraph, “unless”, and the following two bullet points.

In summary, all project sites shall consider forested conditions for the predeveloped scenario.

On page 2-23, under “Category B”, “Requirements”, first bullet point, replace both instances of the phrase “(existing)” after “predeveloped” with “(forested)”. Also, after the phrase “must also be added to the final design storage volume”, add the following:

without increasing the depth of the proposed facility. A zero-rise analysis shall also be performed on the closed depression, meeting the requirements of EMC 14.80.050(E). WWHM, MGSFlood, or other DOE-approved continuous runoff model shall be used in lieu of HEC-RAS for the zero-rise analysis.

On page 2-25, under “Category D”, “Requirements”, second bullet point, replace “Director of Pierce County Public Works” with “City of Edgewood Public Works Department”, and replace “Pierce County Surface Water Management” with “the City of Edgewood Surface Water Program Manager”.

Volume 1 Section 3.2.6 Abbreviated Plan – Site Development Drawings

On page 3-8, under “Advanced Plan Requirements”, replace “PCC Title 17A, Soil Engineering – Stability” in the last paragraph with “EMC Title 14”.

Volume 1 Section 3.2.9 Abbreviated Plan – Establishment of Maintenance Covenant

On page 3-9, replace the first sentence of the second paragraph with the following:

The recorded maintenance covenant must be created on a city-approved form, obtainable from the Surface Water Program Manager.

Volume 1 Section 3.3.4 Drainage Control Plan – Drainage Report

On page 3-21, replace “Drainage Report Section 7 – Floodplain Analysis” with the following:

If the project is within a potential flood hazard area as defined in EMC Title 14 and indicated on the City of Edgewood’s Critical Areas Map, show the 100-year flood hazard area on the plans. If the flood hazard area has not been established (or the city determines that it is in error), the city may require the applicant to establish and map the 100-year flood hazard area for the proposed project per EMC 14.80, to be submitted with the Drainage Report. For closed depressions, the analysis will be for the 100-year flood considering existing land cover conditions. For streams and other water bodies with surface outlets, the analysis will be for the 100-year flood for build out at maximum density allowed by current zoning. If the project is determined to be in the flood hazard area, additional studies per EMC 14.80 may be required. WWHM, MGSFlood, or another DOE-approved continuous runoff model shall be used in lieu of HEC-RAS for the zero-rise analysis.

On page 3-22, replace the last sentence of the first bullet under “Drainage Report Section 9 – Facility Sizing and Offsite Analysis” with the following:

The study area shall extend downstream of the proposed project discharge location to the applicable receiving water body (pothole, lake, or stream) as depicted in the city’s Surface Water Management Plan.

On page 3-22, under “Drainage Report Section 9 – Facility Sizing and Offsite Analysis”, between the first and second bullet, insert a new bullet reading as follows:

Project sites tributary to a closed depression / pothole will also require a zero-rise analysis meeting the requirements of EMC 14.80.050(E). WWHM, MGSFlood, or another DOE-approved continuous runoff model shall be used in lieu of HEC-RAS for the zero-rise analysis.

On page 3-24, under “Drainage Report Section 9 – Facility Sizing and Offsite Analysis”, add the following to the end of the second-to-last paragraph:

The engineer must determine if there is adequate capacity in the offsite conveyance system to handle existing flows, flows generated by the proposed project, and any overflows. Adequacy will be evaluated based on conveyance capacity during the 100-year peak flow, known flooding problems, erosion damage or potential, amount of freeboard in channels and pipes, and storage potential within the system.

On page 3-25, Table 3.2, replace “Pierce County Planning & Public Works (PPW)” with “City of Edgewood”, remove the “Shoreline Permit” row, and remove “or Fish and Wildlife Permit” from the last cell.

Volume 1 Section 3.3.7 Drainage Control Plan – Establishment of Maintenance Covenant

On page 3-29, replace the first paragraph with the following:

A maintenance covenant is required for each site/lot that contains stormwater management BMPs that will be maintained by a private entity such as an individual, corporation, or homeowner’s association. The maintenance covenant must be created on a city-approved form (obtainable from the Edgewood Community Development Department), and any attachments shall meet the recording requirements of the Pierce County Auditor. The covenant shall be recorded at the Pierce County Auditor’s office at the expense of the applicant, and shall be tied to the parcel numbers that the project is built on. All covenants must be recorded prior to final construction approval for the proposed project.

Volume 1 Appendix I-B

See Chapter 14.40 EMC for wetland protection, buffer and mitigation requirements. The requirements of EMC 14.40 shall take precedence over Appendix I-B.

Volume 1 Glossary

Areas of Special Flood Hazard: Replace “PCC 18E” with “EMC 14.80”.

County, the: Replace title with “City, the” and definition as follows:

The jurisdictional boundaries of the City of Edgewood, and the Mayor or authorized representative.

Large Lot: Deleted / Not Applicable

Short Plat or Short Subdivision: Replace with “As defined in EMC Title 16.”

Subdivision: Replace with “As defined in EMC Title 16.”

Volume 2 Section 2.2.1 Narrative

On page 2-5, delete the second paragraph under “Certified Erosion Control Lead”.

On page 2-7, under “Financial/Ownership Responsibilities”, replace “PCC Title 17A.20” with “EMC 16.06.050”.

Volume 2 Section 2.3.1 Step 1 – Data Collection

On page 2-10, under the “Evaluate Zoning” bullet, replace with the following:

Determine if the site zoning per EMC Title 18 requires a full / comprehensive LID development or if the applicant chooses to apply a full / comprehensive LID development. If pursuing comprehensive LID, see Volume VI for additional requirements and guidelines.

Volume 2 Section 2.3.3 Step 3 – Construction SWPPP Development and Implementation

On page 2-22 to page 2-23, under the Fifth bullet under Element #9, replace “County Industrial Pretreatment Program at (253) 798-3013” with “applicable purveyor – see the City of Edgewood for more information.”

On page 2-24 to page 2-25, under the last bullet, replace “County Industrial Pretreatment Program at (253) 798-3013” with “applicable purveyor – see the City of Edgewood for more information.”

Volume 2 Section 3.1 Source Control BMPs

On page 3-12, under “Conditions of Use”, third bullet, replace “County Industrial Pretreatment Program at (253) 798-3013” with “applicable purveyor – see the City of Edgewood for more information.”

Volume 3 Section 2 Hydrologic Analysis and Design Standards

On page 2-1, fourth paragraph, replace the last sentence with: Additional information on general LID site design and requirements of the city’s Development and Design Standards (per EMC 18.90 and 18.95) are provided in Volume VI.

Volume 3 Section 2.5.2 Infiltration Facilities for Flow Control – Procedures

On page 2-17, under “Construct the Facility and Conduct Performance Testing:”, replace with the following:

To demonstrate that the facility performs as designed, the constructed facility must be tested and monitored per the Verification of Performance requirements in Section 2.5.3, and documented as part of the facility’s as-built records.

Volume 3 Section 2.5.3 General Criteria for Infiltration Basins and Trenches

On page 2-18, under “100-year Overflow Conveyance”, add the following:

To verify the capacity of the overflow conveyance, a downstream analysis shall be prepared per Volume I, Chapter 2.4.5 of this manual (as modified herein). In lieu of this downstream analysis, the engineer may demonstrate 100% retention of stormwater runoff within the project site (following the methods prescribed in the PCM), apply a 20% safety factor to the modeled stormwater retention volume(s), and no surface water will be allowed to leave the site (including bypass and overflow).

Volume 3 Section 3.2.1 General Dispersion Facility Design Criteria

On page 3-8, replace the second bullet point under “General Design Criteria” with the following:

Runoff from dispersion facilities shall not be allowed for stormwater discharges up-slope from Landslide or Erosion Hazard Areas. If the natural discharge location of the site is toward a Landslide or Erosion Hazard Area, stormwater shall be conveyed down the slope in a pipe as required by Chapters 14.90 and 14.110 EMC. If the natural discharge location of the site is away from the Landslide or Erosion Hazard Area, a piped storm system shall be used to convey stormwater away from the hazard area. Stormwater management facilities for the site shall be implemented in accordance with the requirements of Chapter 13.05 EMC and PCM as supplemented herein.

On page 3-8, add the following to the end of Section 3.2.1:

To preserve the vegetative flowpath area on the project site from alteration, the dispersion system and flowpath length shall be documented on a site plan, to be recorded on the property title. The site plan shall include the following requirements:

1. Maintenance of vegetation in the flowpath area shall be in accordance with BMP T5.13 (or otherwise approved design).

2. Splashblocks or gravel-filled trenches shall not be covered or removed but shall be maintained in accordance with the approved design.

3. If the flowpath area, splashblocks, or gravel-filled trenches are disturbed, additional stormwater management facilities shall be designed and constructed in accordance with the PCM or City’s most current adopted stormwater manual.

Volume 3 Section 3.10.2 Vegetated Roofs – Applications and Limitations

On page 3-94, replace “PCC Title 17C – Construction and Infrastructure Regulations – Building and Fire Codes” with “EMC Title 15.05” in fourth bullet point.

Volume 3 Section 3.12.1 Detention Ponds

On page 3-109, under “Signage” replace paragraph with the following:

Detention ponds, infiltration basins, wet ponds, and combined ponds shall have a sign placed for maximum visibility from adjacent streets, sidewalks, and paths. An example of sign specifications for a permanent surface water control pond is illustrated below.

Volume 4 Section 1.3 What Type of Pollutants…

On page 1-2, first paragraph, replace “Pierce County Code (PCC) Title 11” with “EMC 13.25”.

Volume 4 Section 1.4.1 Source Control Best Management Practices

On page 1-5, under item 2, third bullet, replace “County Industrial Pretreatment Program at (253) 798-3013” with “applicable purveyor – see the City of Edgewood for more information.”

Volume 4 Section 1.7 How Do I Get Started?

On page 1-7, replace the third paragraph with the following:

If you have questions, please contact the City of Edgewood Surface Water Program Manager at (253) 952-3299. They can provide assistance over the phone and also at your business site.

Volume 4 Section 1.8 Some Important Requirements to Note

On page 1-7, replace “PCC Title 11 Illicit Stormwater Discharges” with “Chapter 13.25 EMC”, replace “Pierce County Surface Water Management at (253) 798-2725” with “the City of Edgewood Surface Water Program Manager at (253) 952-3299”, and replace “Pierce County Planning and Public Works (PPW) at (253) 798-7200” with “City of Edgewood at (253) 952-3299” In the second and third paragraphs.

Volume 4 Chapter 2 Worksheet for Commercial and Industrial Activities

On page 2-1, replace “County Industrial Pretreatment Program at (253) 798-3013” with “applicable purveyor – see the City of Edgewood for more information”, and replace “Pierce County Surface Water Management at (253) 798-2725” with “the City of Edgewood Surface Water Program Manager at (253) 952-3299” in the second and third paragraphs.

(Ord. 22-629 § 2 (Exh. A); Ord. 20-589 § 3; Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.180 Copy to be available.

One copy of the PCM, as adopted, shall be available at Edgewood City Hall for use and examination by the public. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.190 Conflict of provisions.

In the event that this chapter conflicts with any provision of any other existing ordinance, the terms of this chapter shall prevail. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.200 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).

13.05.210 Effective date.

A summary of the ordinance codified in this chapter consisting of its title shall be published in the official newspaper of the city and take effect and be in full force five days after the date of publication. (Ord. 16-482 § 2 (Exh. B); Ord. 05-259 § 1).