Chapter 15.34
STORMWATER FACILITY DESIGN AND CONSTRUCTION STANDARDS
Sections:
15.34.050 General requirements.
15.34.010 Purpose.
The provisions of this chapter are intended to:
A. Provide for inspection and maintenance of stormwater facilities in Fife to provide for an effective, functional stormwater drainage system.
B. Authorize the public works department to require that stormwater facilities be operated, maintained, and repaired in conformance with this chapter.
C. Establish the minimum level of compliance which must be met.
D. Guide and advise all who conduct inspection and maintenance of stormwater. (Ord. 1751 § 1 (Exh. A), 2011; Ord. 1196 § 14, 1995).
15.34.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Best management practice” or “BMP” means physical, structural, or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the stormwater management manual.
B. “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.
C. “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel, or a constructed infiltration facility.
D. “Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater.
E. “Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, and modular pavement. Stormwater facilities are described in the manual.
F. “Manual” or “stormwater management manual” per FMC 15.32.020. (Ord. 1954 § 21, 2016; Ord. 1940 § 3, 2016; Ord. 1670 § 6, 2008; Ord. 1196 § 15, 1995).
15.34.030 General provisions.
A. Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
B. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 1196 § 16, 1995).
15.34.040 Applicability.
When any provision of any other chapter of the FMC conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter.
The city engineer is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. (Ord. 1859 § 89, 2014; Ord. 1746 § 1 (Exh. A), 2011; Ord. 1196 § 17, 1995).
15.34.050 General requirements.
A. Maintenance Required. All stormwater and low impact development facilities shall be maintained in accordance with this chapter and the approved maintenance manual. Systematic, routine preventive maintenance is preferred.
B. Minimum Standards. The following are the minimum standards for the maintenance of stormwater facilities:
1. Facilities shall be inspected annually and continually cleared of debris, sediment, and vegetation that affect the functioning and/or design of the facility.
2. Grassy swales, bioretention swales and other swales shall be inspected at the end of winter, end of spring and beginning of fall and mowed or replanted as necessary.
3. Permeable pavements shall be inspected annually to ensure that water is passing through the pavement profile.
4. Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the city engineer or designee shall revisit the facility to assure that it is being maintained appropriately.
C. Maintenance of Drainage and Low Impact Development Facilities. All drainage structures and low impact development facilities between the property line and the roadway shall be maintained in a safe and usable condition by the city of Fife.
D. Disposal of Waste From Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and, where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.
E. Compliance. Property owners are responsible for the maintenance, operation, or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate, and repair these facilities in compliance with the requirements of this chapter and the approved maintenance manual. (Ord. 1859 § 90, 2014; Ord. 1685 § 1 (Exh. A), 2009; Ord. 1196 § 18, 1995).
15.34.060 Administration.
A. Administrator. The city engineer or a designee/inspector shall administer this chapter. The city engineer shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.
B. Inspection Authority. The city engineer is directed and authorized to develop an inspection program for stormwater facilities in Fife.
C. Enforcement Authority. The city engineer shall enforce this chapter. (Ord. 1859 § 91, 2014; Ord. 1746 § 1 (Exh. A), 2011; Ord. 1196 § 19, 1995).
15.34.070 Inspection program.
A. Inspection. Whenever implementing the provisions of this inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the city to determine compliance with the provisions of this chapter.
B. Procedures. Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection, and request entry.
1. If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
2. If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
3. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.
4. The inspector may inspect the stormwater drainage system without obtaining a search warrant provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
C. Annual Inspection Schedule. The city engineer shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the city. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule.
D. Reserved.
E. Inspection and Maintenance Records. As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:
1. As-built plans and locations.
2. Findings of fact from any variance granted by the city.
3. Operation and maintenance requirements and records of inspections, maintenance actions, and frequencies.
4. Engineering reports, as appropriate.
F. Reporting Requirements. The city engineer shall report annually to the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. 1954 § 22, 2016; Ord. 1859 § 92, 2014; Ord. 1783 § 1 (Exh. A), 2012; Ord. 1196 § 20, 1995).
15.34.080 Enforcement.
A. General. Enforcement action shall be taken whenever a person has violated any provision of this chapter. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action.
B. Orders. The city engineer shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the approved manual, and/or city regulations.
The order shall include:
1. A description of the specific nature, extent, and time of the violation and the damage or potential damage that reasonably might occur;
2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and
3. A reasonable time to comply, depending on the circumstances.
C. Civil Penalty. Civil penalties shall be as provided in Chapter 1.24 FMC. (Ord. 1859 § 93, 2014; Ord. 1196 § 21, 1995).