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Chapter 14.64
SPECIAL FLOOD HAZARD AREAS, DRAINAGE, AND EROSION
Sections:
Part I. Special Flood Hazard Areas and Regulatory Floodplain
14.64.005 Basis for Establishing Special Flood Hazard Areas
14.64.010 Application of Regulations
14.64.015 Authority and Duties of the Floodplain Administrator
14.64.020 Administrative Procedures
14.64.025 Conformance with Chapter 14.88 (Critical Areas), Chapter 14.92 (Shoreline Management), Section 14.16C.100 (Shoreline Permits), and the Shoreline Master Program
14.64.030 Exemptions and Allowed Activities
14.64.035 Other Activities
14.64.040 Development Standards
14.64.045 Construction Standards for Protection of Structures
14.64.050 Special Provisions for Subdivisions
14.64.055 Standards for Habitat Protection
Part II. Drainage, Erosion Control, Storm Water Management
14.64.100 Natural Drainage System Utilized to Extent Feasible
14.64.110 Developments Must Drain Properly
14.64.120 Storm Water Management
14.64.130 Sedimentation and Erosion Control
14.64.140 Stormwater Systems to Be Designed in Accordance with Ecology Stormwater Manual
14.64.150 Illegal Discharge of Materials into the Stormwater System
Part I. Special Flood Hazard Areas and Regulatory Floodplain
14.64.005 Basis for Establishing Special Flood Hazard Areas.
The City hereby adopts by reference the special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in its most current scientific Flood Insurance Study for Snohomish County, Washington, and incorporated areas and any revisions thereto, with the current accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, and declare the same to be a part of the Lake Stevens Municipal Code. The Flood Insurance Study is on file in the Planning and Community Development Department. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.010 Application of Regulations.
(a) All development in the regulatory floodplain, within the City of Lake Stevens, comprised of the special flood hazard area and all protected areas (i.e., lands within the boundaries of the floodway, the riparian habitat zone, and the channel migration area locally defined and mapped) shall comply with the terms of this chapter and other applicable local, state, and federal regulations including, but not limited to, obtaining necessary permits and approvals.
(b) The degree of flood protection required is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. There shall be no liability on the part of the City of Lake Stevens, any officer or employee thereof, or FEMA, for any flood damages that result from reliance on this code or any administrative decision lawfully made hereunder.
(c) Under the provisions of this chapter, the City will allow an applicant to request permit specific review as consistent with National Flood Insurance Program regulation contained in 44 CFR 60.3(a)(2) to assess development impacts to floodplain and associated habitat functions and any requested deviations pursuant to the submission of a habitat impact assessment per Section 14.64.055(c) and, if necessary, a habitat mitigation plan per Section 14.64.055(d). Under a permit specific review, the development proposal must otherwise follow the defined administrative review procedures and regulations of this chapter. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.015 Authority and Duties of the Floodplain Administrator.
(a) The Floodplain Administrator shall be the Planning and Community Development Director, or the Director’s designee, appointed to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions.
(b) Upon receipt of a floodplain development application, the Floodplain Administrator shall compare the project’s site elevation to the base flood elevation. A development project is not subject to the requirements of this chapter if it is located on land outside the protected area and higher than the base flood elevation.
(c) The Floodplain Administrator shall determine where needed, the exact location of the boundaries of the regulatory floodplain, the special flood hazard area, and the protected area when there appears to be a conflict between the mapped special flood hazard area boundary and actual field conditions, as determined by the base flood elevation and ground elevations per the criteria found in Section 14.88.510. The applicant may appeal an administrative interpretation of the boundary location to the hearing examiner in accordance with Section 14.16A.265.
(d) Where the adopted FIRM map does not include base flood elevation and floodway data for special flood hazard areas, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from federal, state, and/or other sources.
(e) The Floodplain Administrator shall maintain, for public inspection, all records pertaining to the provisions of this chapter and submit such reports as required for the National Flood Insurance Program. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.020 Administrative Procedures.
(a) The City shall require a floodplain development permit before construction and/or development begins within the regulatory floodplain.
(b) Applicants shall submit a floodplain development permit, on forms furnished by the City, and shall submit one or more site plans, drawn to scale, including, but not limited to, the following:
(1) The nature, location, dimensions, and elevations of the property in question;
(2) Names and location of all lakes, water bodies, waterways and drainage facilities within 300 feet of the site;
(3) The elevations of the 10-, 50-, 100-, and 500-year floods, where the data are available;
(4) The boundaries of the regulatory floodplain, special flood hazard area, floodway, riparian habitat zone, and channel migration area, as appropriate;
(5) The proposed drainage system including, but not limited to, storm sewers, overland flow paths, detention facilities and roads;
(6) Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials;
(7) Critical areas per Chapter 14.88; and
(8) Existing native vegetation and proposed revegetation.
(c) The applicant must record a notice on title that the property contains land within the regulatory floodplain including special flood hazard areas and protected areas, as applicable, before the City issues the floodplain development permit. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.025 Conformance with Chapter 14.88 (Critical Areas), Chapter 14.92 (Shoreline Management), Section 14.16C.100 (Shoreline Permits), and the Shoreline Master Program.
Uses permitted within regulatory floodplain must also be consistent with Chapter 14.88, Chapter 14.92, Section 14.16C.100 and the Shoreline Master Program. Wherever regulations conflict in these chapters, the more restrictive provisions shall prevail. The intent of this section is to prevent development that is inconsistent with Chapter 14.88, Chapter 14.92, Section 14.16C.100 and the Shoreline Master Program even though it may seem permissible according to the regulations of this chapter. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.030 Exemptions and Allowed Activities.
(a) Nondevelopment Activities. Activities in the regulatory floodplain that do not meet the definition of “development” are exempt activities and do not require a floodplain development permit if the activity meets all other federal, state, and local requirements. The following are examples of activities not considered development:
(1) Routine maintenance of landscaping that does not involve grading, excavation, and/or filling;
(2) Removal of noxious weeds and hazard trees and replacement of non-native vegetation with native vegetation;
(3) Normal maintenance of structures, such as re-roofing and replacing siding, provided such work does not qualify as a substantial improvement;
(4) Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and utility poles;
(5) Normal maintenance of streets and roads including filling potholes, repaving, and/or installing signs and traffic signals, but not including expansion of paved areas;
(6) Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition for protection on the face or toe with rock armor; and
(7) Plowing and other normal farm practices (other than structures or filling) on farms in the regulatory floodplain and in existence as of the effective date of the ordinance establishing this chapter do not require a floodplain development permit. Clearing additional land for agriculture after the effective date of Ordinance No. 860 shall require a floodplain development permit.
(b) Activities Allowed with a Floodplain Development Permit. The City will allow the activities listed below in the regulatory floodplain, without a habitat impact assessment per Section 14.64.055(c), when the activity meets all other requirements of this chapter:
(1) Repairing and/or remodeling existing structures if the repairs and/or remodels are not a substantial improvement or a repair of substantial damage;
(2) Maintenance and/or repair of shoreline stabilization structures pursuant to the Shoreline Master Program that does not involve grading, excavation and/or filling;
(3) Maintenance, repair, remodel and/or new over-water structures pursuant to the Shoreline Master Program that does not involve grading, excavation and/or filling;
(4) Expansion of existing structures when the expansion does not increase the existing footprint more than 10 percent. The expansion measurement is counted cumulatively from the effective date of Ordinance No. 860. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow;
(5) Activities with the sole purpose of creating, restoring and/or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, if the activities do not include the creation of structures and/or impervious surfaces;
(6) Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include fill, the creation of structures and/or impervious surfaces, and/or removal of more than five percent of the native vegetation on that portion of the property in the regulatory floodplain; and
(7) Maintenance and/or repair to on-site septic systems provided the ground disturbance is the minimum necessary to carry out the maintenance and/or repair. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.035 Other Activities.
All other activities not listed in Sections 14.64.030(a) and (b) that are allowed by Chapter 14.44 are allowed, provided they meet all the other requirements of this chapter, including providing a habitat impact assessment pursuant to Section 14.64.055(c) and obtaining a floodplain development permit prior to the activity. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.040 Development Standards.
(a) Structures, impervious surfaces, and other development shall be located to avoid flood damage.
(1) If a lot has a buildable site out of the regulatory floodplain, when possible, all new structures, impervious surfaces, and other development shall be located in that area.
(2) If a lot does not have a buildable site out of the regulatory floodplain, all new structures, impervious surfaces, and other development must be sited in the location that has the least impact on habitat by locating the structures, impervious surfaces, and other development as far from the water body as possible and/or placing the structures, impervious surfaces, and other development on the highest land on the lot.
(3) If the proposed project cannot meet the criteria of subsection (a)(1) or (2) of this section, a habitat impact assessment shall be conducted pursuant to Section 14.64.055(c) and, if necessary, a habitat mitigation plan shall be prepared and implemented pursuant to Section 14.64.055(d), prior to locating structures, impervious surfaces, and other development within the regulatory floodplain.
(b) Applicants shall design and locate all new structures, impervious surfaces, and other development to minimize the impact on flood flows, flood storage, water quality, and habitat.
(1) To the extent feasible, stormwater and drainage features shall incorporate low impact development techniques that mimic predevelopment hydrologic conditions, such as stormwater infiltration, rain gardens, grass swales, filter strips, disconnected impervious areas, permeable pavement, and vegetative roof systems, pursuant to Chapter 11.06.
(2) If a project proposes to create new impervious surfaces on more than 10 percent of that portion of the lot in the regulatory floodplain, the applicant shall demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff leaving the site or mitigate the adverse impacts, pursuant to Chapter 11.06.
(c) Hazardous Materials. New development shall not create a threat to public health, public safety, and/or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, and other materials that are hazardous, toxic, or a threat to water quality are prohibited from the regulatory floodplain. This prohibition does not apply to small quantities of these materials kept for normal household use, or to the continued operations of existing facilities and structures, reuse of existing facilities and structures, or functionally dependent facilities or structures.
(1) If the proposed development cannot meet the criteria of subsection (c) of this section, the applicant must provide a habitat impact assessment pursuant to Section 14.64.055(c) prior to any approval of the proposed development.
(d) Critical Facilities.
(1) To the extent possible, construction of new critical facilities shall be located outside the limits of the regulatory floodplain.
(2) Construction of new critical facilities in the regulatory floodplain shall be permissible if no feasible alternative site is available, provided:
(i) Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the height of the 500-year flood, whichever is higher. If there is no available data on the 500-year flood, the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines.
(ii) Access to and from the critical facility shall be protected to the elevation of the 500-year flood. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.045 Construction Standards for Protection of Structures.
The provisions of this section shall apply in the special flood hazard area. All new structures and substantial improvements shall be protected from flood damage below the flood protection elevation.
(a) Applicability. The protection requirements of this section apply to all new structures and substantial improvements, which include:
(1) Construction or placement of a new structure, including over-water structures and shoreline stabilization;
(2) Reconstruction, rehabilitation, and/or other improvement that will result in a substantially improved structure, including over-water structures and shoreline stabilization;
(3) Repairs to an existing structure that has been substantially damaged;
(4) Placing a manufactured home on a site; and
(5) Placing a recreational vehicle or travel trailer on a site for more than 180 days.
(b) Flood Protection Standards.
(1) All new structures and substantial improvements shall have the lowest floor including basements elevated at least one foot above the flood protection elevation.
(2) Where practicable, new structures shall align parallel with the direction of flood flows.
(3) To prevent flotation, collapse, and/or lateral movement of the structure, all new structures shall provide anchoring.
(4) All materials below the flood protection elevation shall be resistant to flood damage; provided, however, that materials harmful to aquatic wildlife, such as creosote, are prohibited below the flood protection elevation.
(5) Electrical, heating, ventilation, ductwork, plumbing, and air-conditioning equipment and other service facilities shall be elevated above the flood protection elevation. Water, sewage, electrical, and other utility lines below the flood protection elevation shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding.
(6) Fully enclosed areas below the lowest floor that are subject to flooding shall be used only for parking, storage, and/or building access and shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or licensed architect and/or meet or exceed the following minimum criteria:
(i) Fully enclosed areas shall provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
(c) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall be elevated in accordance with subsection (b) of this section. As an alternative to elevation, a new or substantial improvement to a commercial, industrial, or other nonresidential structure and its attendant utility and sanitary facilities may be dry flood-proofed if the following criteria are met:
(1) The structure is below the flood protection elevation and the structure is watertight with walls substantially impermeable to the passage of water;
(2) The structural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) A registered professional engineer or licensed architect certifies that the design and methods of construction conform to accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. The applicant shall provide such certifications with their floodplain development application.
(d) Manufactured Homes. The placing of all manufactured homes or substantial improvements to existing manufactured homes on sites shall be:
(1) Elevated on a permanent foundation in accordance with subsection (b) of this section; and
(2) Securely anchored to a foundation/foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to other applicable anchoring requirements for resisting wind forces.
(e) Recreational Vehicles. Recreational vehicles placed on sites shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, on their wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; and
(3) Meet the requirements of subsection (d) of this section.
(f) Appurtenant Structures. A structure on the same parcel as the principal structure, when the use is incidental to the use of the principal structure and is not used for human habitation, may be exempt from the elevation requirement of subsection (b) of this section, provided:
(1) It is used only for parking or storage;
(2) It is constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters;
(3) It is anchored to prevent flotation which may result in damage to other structures;
(4) All portions of the structure below the flood protection elevation must be constructed of flood-resistant materials;
(5) Service utilities such as electrical and heating equipment meet the standards of subsections (b) and (g) of this section;
(6) It has openings to allow free flowage of water that meet the criteria in subsection (b)(6) of this section; and
(7) The project meets all the other requirements of this chapter.
(g) Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(2) Water wells shall be located outside the floodway and shall be protected to the flood protection elevation;
(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;
(4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. As a condition of approval for an on-site waste disposal system within the regulatory floodplain, the applicant must prepare and provide a habitat impact assessment in accordance with Section 14.64.055(c). (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.050 Special Provisions for Subdivisions.
(a) This section applies to all subdivision proposals including but not limited to subdivisions, short subdivisions, planned developments, and binding site plans per Chapter 14.18.
(b) All proposals shall be consistent with the need to minimize flood damage.
(c) All proposals shall have utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize or eliminate flood damage.
(d) All proposals shall provide adequate drainage to reduce exposure to flood damage.
(e) Wherever possible, all proposals shall provide at least one access road connected to land outside the regulatory floodplain with the surface of the road at or above the flood protection elevation.
(f) The final recorded plat, short plat, or binding site plan shall include a note that a portion of the property contains land within the regulatory floodplain including special flood hazard areas and protected areas, as applicable. (Ord. 860, Sec. 4 (Exh. 2), 2011)
14.64.055 Standards for Habitat Protection.
The provisions of this section shall apply in the regulatory floodplain.
(a) Native Vegetation.
(1) In the riparian habitat zone (required buffers per Chapter 14.88 and the Shoreline Master Program), native vegetation shall be left undisturbed, except as provided in Section 14.64.030.
(2) Outside the riparian habitat zone, removal of native vegetation shall not exceed 35 percent of the surface area of the portion of the site in the regulatory floodplain. The applicant can count native vegetation in the riparian habitat zone portion of the property (required buffers per Chapter 14.88 and the Shoreline Master Program) toward this requirement.
(3) If the proposed project does not meet the criteria of Section 14.64.030(a) and (b), the applicant shall provide a habitat impact assessment pursuant to subsection (c) of this section, and, if necessary, a habitat mitigation plan pursuant to subsection (d) of this section, prior to any approval of the proposed project.
(b) Compensatory Storage. New development shall not reduce the effective flood storage volume of the regulatory floodplain. A development proposal shall provide compensatory storage if grading or other activity eliminates any effective flood storage volume. Compensatory storage areas shall:
(1) Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, “equivalent elevation” means having similar relationship to ordinary high water and to the best available 10-year, 50-year and 100-year water surface profiles;
(2) Be hydraulically connected to the source of flooding;
(3) Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins; and
(4) The newly created storage area shall be graded and vegetated to allow fish access during flood events without creating fish stranding sites.
(c) Habitat Impact Assessment. Unless allowed under Section 14.64.030(a) and (b), a permit application to develop in the regulatory floodplain shall include an assessment of the impact of the project on federal, state and/or locally protected species and habitat, water quality and aquatic and riparian habitat. The assessment shall be one of the following:
(1) A biological evaluation or biological assessment developed per 50 CFR 402.12 to initiate federal interagency consultation under Section 7(a)(2) of the Endangered Species Act; or
(2) Documentation that the activity fits within Section 4(d) of the Endangered Species Act; or
(3) Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act, where any such assessment has been prepared or is otherwise made available; or
(4) An assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. The assessment shall determine if the project would adversely affect:
(i) Species that are federal, state or local listed as threatened or endangered;
(ii) The primary constituent elements for critical habitat, when designated;
(iii) Essential fish habitat designated by the National Marine Fisheries Service;
(iv) Fish and wildlife habitat conservation areas, per Chapter 14.88, Part IV, or the Shoreline Master Program Appendix B; and
(v) Other protected areas and elements necessary for species conservation.
(d) Habitat Mitigation Plan.
(1) If the assessment, conducted under subsection (c) of this section, concludes the project will have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts, in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010.
(i) If the project is located outside the protected area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures as are appropriate for the situation.
(ii) If the project is located in the protected area, the mitigation plan shall stipulate avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project.
(2) The proposed project shall incorporate the plan’s habitat mitigation activities. The redesigned project and its mitigation components shall be the basis for the floodplain development permit.
(3) The Floodplain Administrator shall not issue a certification of use and/or occupancy until the applicant completes all the work identified in the biological evaluation, biological assessment, and/or mitigation plan or provides the necessary assurance to complete unfinished portions of the project, in accordance with Section 14.16A.180. (Ord. 860, Sec. 4 (Exh. 2), 2011)
Part II. Drainage, Erosion Control, Storm Water Management
14.64.100 Natural Drainage System Utilized to Extent Feasible.
(a) To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting manmade drainage ways shall remain undisturbed.
(b) To the extent practicable, lot boundaries shall be made to coincide with natural and preexisting manmade drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.
14.64.110 Developments Must Drain Properly.
(a) All developments shall be provided with a drainage system that is adequate to prevent the undue detention or retention of surface water on the development site. Surface water shall not be regarded as unduly detained or retained if:
(1) The detention or retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or storm water runoff control plan; or
(2) The detention or retention is not substantially different in location or degree than that experienced by the development site in its pre-development stage, unless such detention or retention presents a danger to health or safety.
(b) No surface water may be channeled or directed into a sanitary sewer.
(c) Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.
(d) Use of drainage swales rather than curb and gutter and storm sewers in subdivisions is provided for in Section 14.56.080 (Street Width, Sidewalk, and Drainage Requirements in Subdivisions). Private roads and access ways within unsubdivided developments shall utilize a storm drainage system designed by a licensed engineer to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction.
(e) Construction specifications for drainage swales, curbs and gutters, and storm drains are contained in the currently adopted version of the Engineering Design and Development Standards for the City of Lake Stevens. (Ord. 796, Sec. 24, 2009)
14.64.120 Storm Water Management.
All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:
(a) No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and
(b) No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties so that the volume and/or rate is not substantially greater than the pre-development volume and/or rate.
14.64.130 Sedimentation and Erosion Control.
(a) No Planning Director approval, administrative conditional use, or conditional use permit may be issued and final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity unless the Public Works Director has certified to the City, either that:
(1) An erosion control plan has been submitted to and approved by the Public Works Director; or
(2) The Public Works Director has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until the Public Works Director approves the erosion control plan.
(b) For purposes of this section, land disturbing activity means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, and highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin. (Ord. 811, Sec. 64, 2010; Ord. 468, 1995)
14.64.140 Stormwater Systems to Be Designed in Accordance with Ecology Stormwater Manual.
All stormwater systems shall be designed based on the requirements and the best management practices (BMPs) available for stormwater control (for both quantity and quality), as described in the 2005 State Department of Ecology Storm Water Management Manual for Western Washington, as amended by Sections 1 through 6 of Appendix 1 of the NPDES Phase II Municipal Stormwater Permit, as now or hereafter amended (“Stormwater Manual”) and the currently adopted version of the Engineering Design and Development Standards for the City of Lake Stevens.
(Ord. 808, Sec. 2, 2009; Ord. 796, Sec. 25, 2009; Ord. 666, Sec. 10, 2002; Ord. 468, 1995)
14.64.150 Illegal Discharge of Materials into the Stormwater System.
The discharge of any material other than clean stormwater into the stormwater system is prohibited. (Ord. 468, 1995)