4-6-030 DRAINAGE (SURFACE WATER) STANDARDS:
A. PURPOSE:
1. The purpose of this Section shall be to promote and develop policies with respect to the City’s watercourses and to preserve them by minimizing water quality degradation by previous siltation, sedimentation and pollution of creeks, streams, rivers, lakes and other bodies of water, and to protect property owners tributary to developed and undeveloped land from increased runoff rates and to ensure the safety of roads and rights-of-way.
2. It shall also be the purpose of this Section to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent water quality degradation through permit review, construction inspection, enforcement, and maintenance in order to promote the effectiveness of the requirements.
3. It shall also be a purpose of this Section to regulate the Municipal Separate Storm Sewer System (MS4) regarding the contribution of pollutants, consisting of any material other than stormwater, including but not limited to illicit discharges, illicit connections and/or dumping into any storm drain system, including surface and/or groundwater throughout the City that would adversely impact surface and groundwater quality of the City and the State of Washington, in order to comply with requirements of the National Pollutants Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. (Ord. 5526, 2-1-2010)
B. ADMINISTERING AND ENFORCING AUTHORITY:
The Administrator of the Public Works Department is responsible for the general administration and coordination of this Section. All provisions of this Section shall be enforced by the Administrator or his or her designated representatives. (Ord. 5526, 2-1-2010)
C. ADOPTION OF SURFACE WATER DESIGN MANUAL:
The 2009 King County Surface Water Design Manual (KCSWDM), as now or as hereafter may be amended by King County or the City of Renton, and hereby referred to as the Surface Water Design Manual, is hereby adopted by reference, with the exception of Chapters 1 and 2 of the King County Surface Water Design Manual which are not adopted. Chapters 1 and 2 of the Surface Water Design Manual, as amended by the City of Renton to specify local requirements and procedures, are hereby adopted by reference. References 1, 2, 3, 4A, 4B, 4D, 7B, 7C, 8F, 8G, 9 and 10 of the King County Surface Water Design Manual are not adopted. One copy of the Surface Water Design Manual shall be filed with the City Clerk including any amendments thereto. (Ord. 5526, 2-1-2010)
D. WHEN REQUIRED:
All persons applying for any of the following permits and/or approvals shall submit for approval a drainage plan with their application and/or request:
1. Mining, excavation or grading permit or license;
2. Shoreline permit;
3. Flood control zone permit;
4. Subdivision;
5. Short plat;
6. Special permit;
7. Temporary permit when involving land disturbance;
8. Building Permit;
9. Planned urban development;
10. Site plan approval;
11. Construction Permit;
12. Stormwater Permit;
13. Binding Site Plan;
14. Any other development or permit application which will affect the drainage in any way. The plan submitted during one permit approval process may be subsequently submitted with further required applications. The plan shall be supplemented with additional information at the request of the Public Works Department. (Ord. 5526, 2-1-2010)
E. DRAINAGE REVIEW:
1. When Required: A drainage review is required when any proposed project is subject to a City of Renton permit or approval as determined under subsection D of this Section and:
a. Would result in two thousand (2,000) square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or
b. Would involve seven thousand (7,000) square feet of land disturbing activity; or
c. Would construct or modify a drainage pipe or ditch that is twelve inches (12") or more in size or depth or receives surface or stormwater runoff from a drainage pipe or ditch that is twelve inches (12") or more in size or depth; or
d. Contains or is adjacent to a critical area designation, defined and regulated in RMC 4-3-050; or
e. Is a single family residential development that would result in new impervious surface, replaced impervious surface or new plus replaced impervious surface.
2. Scope of Review: The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of development and potential for impacts to the regional surface water system to facilitate preparation and review of project applications. If drainage review for a proposed project is required under subsection E1 of this Section, the Renton Development Services Division shall determine which of the following drainage reviews apply as specified in the Surface Water Design Manual:
a. Small project drainage review (also known as residential building permit drainage review);
b. Targeted drainage review;
c. Full drainage review;
d. Large project drainage review.
3. Core Requirements: A proposed project required to have drainage review by subsection E1 of this Section must meet each of the following core requirements which are described in detail in the Surface Water Design Manual. Projects subject only to small project drainage review (also known as residential building permit drainage review) that meet the small project drainage requirements specified in the Surface Water Design Manual, including flow control best management practices, erosion and sediment control measures, and drainage plan submittal requirements are deemed to comply with the following core requirements:
a. Core Requirement 1 – Discharge at the Natural Location: All surface and stormwater runoff from a project shall be discharged at the natural location so as not to be diverted onto, or away from, downstream properties. The manner in which runoff is discharged from the project site shall not create a significant adverse impact to downhill properties or drainage systems as specified in the discharge requirements of the Surface Water Design Manual.
b. Core Requirement 2 – Offsite Analysis: The initial application submittal for proposed projects shall include an offsite analysis report that assesses potential offsite drainage impacts associated with development of the proposed site and proposes appropriate mitigations to those impacts. This initial submittal shall include, at minimum, a Level One downstream analysis as described in the Surface Water Design Manual. If impacts are identified, the proposed projects shall meet any applicable problem-specific requirements as specified in the Surface Water Design Manual.
c. Core Requirement 3 – Flow Control:
i. Proposed projects including redevelopment projects that would result in two thousand (2,000) square feet or more of new plus replaced impervious surface or thirty five thousand (35,000) square feet or more of new pervious surface, shall provide flow control facilities or flow control BMPs, or both, to control surface and stormwater runoff generated by new impervious surface, new pervious surface, and replaced impervious surface, as specified in the Surface Water Design Manual.
ii. All projects shall implement flow control BMPs in conjunction with, and in addition to, any flow control facilities that may be necessary. Flow control BMPs shall be applied as specified in the Surface Water Design Manual applicable to the project, and in accordance with Washington vesting law.
(a) For subdivision projects approved after January 1, 2011, implementation of flow control BMPs on individual lots of the subdivision is required. The evaluation and selection of the flow control BMP shall be done at the platting stage. The construction of the selected flow control BMPs on individual lots within a subdivision may be deferred until a building permit is obtained for construction on each lot.
(b) For lots within subdivisions approved prior to January 1, 2011, implementation of flow control BMPs on individual lots is required. The evaluation, selection and construction of the selected flow control BMP on individual lots within a subdivision will be addressed as part of single family residential building permit drainage review at time of application for building permit. Flow control BMPs shall be applied as specified in the Surface Water Design Manual applicable to the project, and in accordance with Washington vesting law.
(c) For projects within right-of-way, implementation of flow control BMPs is optional. An adjustment request may be necessary.
(d) For commercial developments, industrial developments and multifamily developments, or other projects not listed above, implementation of flow control BMPs is required.
(e) City permit applications resulting in less than two thousand (2,000) square feet of new plus replaced impervious surface where connection to the existing storm system is not available, or will cause flooding or erosion problems, implementation of flow control BMPs is required.
iii. Projects subject to area-specific flow control facility requirements as shown in Reference 11-A of the Surface Water Design Manual shall meet one of the following flow control facility performance criteria as directed in the Surface Water Design Manual:
(a) Peak Rate Flow Control Standard: Shall match the predeveloped site’s peak discharge rates for the two (2) year, ten (10) year and one hundred (100) year return periods assuming existing site conditions as the predeveloped site condition;
(b) Flow Control Duration Standard (for Existing Site Conditions): Shall match the predeveloped site’s discharge duration for the discharge rates between fifty percent (50%) of the two (2) year peak flow through the fifty (50) year peak flow and the two (2) and ten (10) year peak discharge assuming existing site conditions as the predeveloped site condition;
(c) Flow Control Duration Standard (for Forested Site Conditions): Shall match the predeveloped site’s discharge duration for the discharge rates between fifty percent (50%) of the two (2) year peak flow through the fifty (50) year peak flow and the two (2) and ten (10) year peak discharge assuming forested site conditions as the predeveloped site condition.
(d) Flood Problem Flow Control Standard: Shall meet the flow control duration standard in subsection E3c(iii)(c) of this Section and also match the predeveloped site’s discharge rate for the one hundred (100) year return period.
d. Core Requirement 4 – Conveyance System: All engineered conveyance system elements for proposed projects shall be analyzed, designed and constructed to provide the minimum level of protection against overtopping, flooding, erosion and structural failure as specified by the conveyance requirements for new and existing systems and conveyance implementation requirements described in the Surface Water Design Manual.
e. Core Requirement 5 – Erosion and Sediment Control: All proposed projects that will clear, grade or otherwise disturb the site shall provide erosion and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, water resources and adjacent properties. Erosion and sediment controls shall be applied in accordance with RMC 4-4-060 and RMC 4-4-130 as specified by the temporary erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual.
f. Core Requirement 6 – Maintenance and Operation: Maintenance of all drainage facilities in compliance with City of Renton Maintenance Standards is the responsibility of the applicant or property owner as described in the Surface Water Design Manual except those facilities for which the City assumes maintenance and operations as described in subsection K of this Section and the Surface Water Design Manual.
g. Core Requirement 7 – Financial Guarantees and Liability: All drainage facilities constructed or modified for projects, except downspout infiltration and dispersion systems for single-family residential lots, must comply with the liability requirements of RMC 4-6-030M.
h. Core Requirement 8 – Water Quality: Proposed projects that would result in five thousand (5,000) square feet or more of new pollution generating impervious surface or thirty five thousand (35,000) square feet or more of new pollution-generating pervious surface, or that are redevelopment projects that would result in a total of five thousand (5,000) square feet or more of new and replaced pollution-generating impervious surface, shall provide water quality treatment facilities to treat polluted surface and stormwater runoff generated by new or replaced pollution-generating impervious surface, as specified in the Surface Water Design Manual. Water quality treatment facilities shall meet the land-use water quality treatment requirements and the water quality implementation requirements applicable to the project site as specified in the Surface Water Design Manual. The facilities specified by these requirements are designed to reduce pollutant loads according to the applicable annual average performance goals listed in subsections E3h(i) and (ii) of this Section for ninety five percent (95%) of the annual average runoff volume:
i. For basic water quality: remove eighty percent (80%) of the total suspended solids;
ii. For enhanced basic water quality: remove fifty percent (50%) of the total zinc.
4. Special Requirements: A proposed project required by subsection E of this Section to have drainage review shall meet any of the following special requirements which apply to the site and which are described in detail in the Surface Water Design Manual. The City of Renton Development Services Division shall verify if a proposed project is subject to and must meet any of the following special requirements:
a. Special Requirement 1 – Other Area Specific Requirements: The Surface Water Utility may apply a more restrictive requirement for controlling drainage on an area-specific basis. Other adopted area-specific regulations may include requirements that have a direct bearing on the drainage design of a proposed project.
b. Special Requirement 2 – Flood Hazard Delineation: If a proposed project contains or is adjacent to a stream, lake, wetland or closed depression, or if other City regulations require study of flood hazards relating to the proposed project, the one hundred (100) year floodplain boundaries and floodway shall be determined and delineated on the site improvement plans and profiles and any final maps prepared for the proposed project. The flood hazard study shall be prepared for as specified in the Surface Water Design Manual.
c. Special Requirement 3 – Flood Protection Facilities: If a proposed project contains or is adjacent to a stream that has an existing flood protection facility, such as a levee, revetment or berm, or proposes to either construct a new or modify an existing flood protection facility, then the flood protection facilities shall be analyzed and designed as specified in the Surface Water Design Manual to conform with the Federal Emergency Management Agency regulations as found in 44 C.F.R.
d. Special Requirement 4: All commercial, industrial and multifamily projects (irrespective of size) undergoing drainage review are required to implement applicable source control in accordance with the King County Stormwater Pollution Prevention Manual and the Surface Water Design Manual.
e. Special Requirement 5 – Oil Control: If a proposed project is a high-use site, then oil control shall be applied to all runoff from the high-use portion of the site as specified in the Surface Water Design Manual.
f. Special Requirement 6 – Aquifer Protection Area (APA): If a proposed project is located within the APA as identified in RMC 4-3-050, then the project must comply with drainage requirements in the Surface Water Design Manual and RMC 4-3-050. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011)
F. REQUIREMENTS FOR DRAINAGE REVIEW:
All persons applying for drainage review as specified in subsection E1 of this Section shall submit to the Development Services Division all engineering plans for review in accordance with the Surface Water Design Manual. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer registered and licensed in the State of Washington. (Ord. 5526, 2-1-2010)
G. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL (SPPM):
The 2009 King County Stormwater Pollution Prevention Manual (SPPM), as now or as hereafter may be amended by King County or the City of Renton, and hereby referred to as the Stormwater Pollution Prevention Manual, is hereby adopted by reference. One copy of the manual shall be filed with the City Clerk including any amendments thereto. (Ord. 5526, 2-1-2010)
H. DISCHARGE PROHIBITION:
1. Prohibition of Illicit Discharge: Materials, whether or not solids or liquids, other than surface water and stormwater shall not be spilled, leaked, emitted, discharged, disposed or allowed to escape into the storm sewer and/or drain system, surface water, groundwater, or watercourses.
a. Examples of illicit discharge include but are not limited to the following:
i. Trash, debris or garbage;
ii. Construction materials or wastewater;
iii. Petroleum products, including but not limited to oil, gasoline, greases, fuel oil or heating oil;
iv. Antifreeze, brake fluid, windshield cleaner and other automotive products;
v. Metals in either particulate or dissolved form;
vi. Flammable or explosive materials or substances;
vii. Radioactive materials;
viii. Acids or batteries of any kind;
ix. Alkalis or bases;
x. Paints, stains, resins, lacquers, or varnishes;
xi. Degreasers, solvents or chemicals used in laundries or dry cleaners;
xii. Drain cleaners;
xiii. Pesticides, herbicides and fertilizers;
xiv. Steam cleaning wastes;
xv. Soaps, detergents, ammonias;
xvi. Swimming pool and spa cleaning wastewater and filter backwash containing water disinfectants (chlorine, bromine, or other chemicals);
xvii. Heated water;
xviii. Domestic animal waste;
xix. Sewage;
xx. Recreational vehicle wastewater or sewage;
xxi. Animal carcasses;
xxii. Food waste;
xxiii. Bark and other fibrous material;
xxiv. Collected lawn clippings, leaves, branches or other yard waste material;
xxv. Silt, sediment or gravel;
xxvi. Dyes;
xxvii. Chemicals not normally found in uncontaminated water;
xxviii. Wastewater or process water (including filtered or purified);
xxix. Any pollution or contaminant as referenced in the Stormwater Pollution Prevention Manual; and
xxx. Any hazardous material as defined in RMC 4-11-080, or waste not listed above and any other process-
associated discharge except as otherwise allowed in this Section.
b. The following are examples of allowed discharges by this Section if the discharges do not contain pollutants and unless the Administrator evaluates and determines that they are causing an adverse impact:
i. Diverted stream flows;
ii. Spring water;
iii. Rising groundwater;
iv. Uncontaminated groundwater infiltration;
v. Uncontaminated pumped groundwater;
vi. Foundation or footing drains;
vii. Water from crawl space pumps;
viii. Air conditioning condensation;
ix. Flows from riparian habitat and wetland;
x. Discharges from emergency fire fighting activities;
xi. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety;
xii. Irrigation water from an agricultural source that is commingled with stormwater runoff;
xiii. Storm system dye testing is allowable by the City, and any dye testing by others requires verbal notification to the Public Works Department at least one day prior to the date of the test.
c. Activities that may result in illicit discharge, unless the application of best management practices (BMPs) as specified in the Stormwater Pollution Prevention Manual are utilized, include but are not limited to:
i. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4;
ii. Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities and water conservation efforts;
iii. Dust control with potable water;
iv. Automotive, airplane and boat washing;
v. Pavement and building washing;
vi. Dechlorinated swimming pool discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4;
vii. Auto repair and maintenance;
viii. Building repair and maintenance;
ix. Landscape maintenance;
x. Hazardous waste handling;
xi. Solid and food waste handling;
xii. Application of pesticides;
xiii. Non-stormwater discharge permitted under another NPDES permit; provided, that the discharge is in full compliance with all requirements of the permit, waiver, or other applicable requirements and regulations.
d. A person does not violate this subsection H if:
i. That person has properly designed, constructed, implemented and is maintaining BMPs as required by this Chapter and Section, but contaminants continue to enter surface and stormwater and underground water;
ii. That person can demonstrate that there are no additional contaminants in discharges from the site above the background conditions of water entering the site;
iii. The discharge is a result of an emergency response activity or other action that must be undertaken immediately or within a time too short to allow full compliance with this Chapter or Section in order to avoid an imminent threat to public health or safety. The Administrator by public rule may specify actions that qualify for this exemption in City procedures. A person undertaking emergency response activities shall take steps to assure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs to restrict recurrence.
e. Any person who knowingly allows or permits any prohibited discharges, as set forth in this subsection H or the Stormwater Pollution Prevention Manual, through illicit connections, dumping, spills, improper maintenance of BMPs or other discharges, that allow contaminants to enter surface and stormwater or groundwater, shall be in violation of this Section.
2. Prohibition of Illicit Connections: The construction, use, maintenance or continued existence of any connection identified by the Administrator or designee, that may convey any pollution or contaminants or anything not composed entirely of surface water and stormwater, directly into the MS4, is prohibited, including without limitation, existing illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
3. Remedy:
a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall initiate and complete all actions necessary to remedy the effects of such connection or discharge at no cost to the City.
b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property on which the illicit connection or illicit discharge has occurred fails to address the illicit connection or illicit discharge in a timely manner, the Administrator or designee shall have the authority to implement removal or remedial actions following lawful entry upon the property. Such actions may include, but not be limited to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of the illicit discharge, and remediation of soil and/or groundwater. The property owner and/or other person responsible for the release of an illicit discharge shall be responsible for any costs incurred by the Public Works Department or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the illicit connection or illicit discharge, including but not limited to removal and/or remedial actions in accordance with RMC 1-3-3.
c. Compliance with this subsection H shall be achieved through the implementation and maintenance of best management practices (BMPs) described in the Stormwater Pollution Prevention Manual. The Administrator or designee shall initially rely on education and informational assistance to gain compliance with this subsection H, unless the Administrator or designee determines a violation poses a hazard to public health, safety, or welfare, endangers any property and/or other property owned or maintained by the City, and therefore should be addressed through immediate penalties. The Administrator or designee may demand immediate cessation of illicit discharges and assess penalties for violations that are an imminent or substantial danger to the health or welfare of persons or danger to the environment.
4. Elimination of Illicit Connection and/or Illicit Discharge:
a. Notice of Violation: Whenever the Administrator or designee finds that a person has violated a prohibition or failed to meet a requirement of this Section, he or she may order compliance by written notice of violation to the property owner and/or responsible person, by first class and certified mail with return receipt requested. Such notice may require without limitation:
i. The performance of monitoring, analyses, and reporting by the violator;
ii. The elimination of illicit connections or discharges;
iii. That violating discharges, practices, or operations shall immediately cease and desist;
iv. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
v. The implementation of source control or treatment BMPs. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system and/or waters of the State. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
b. Requirement to Eliminate Illicit Connection: The Administrator or designee shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit connection, informing the property owner or person responsible for an illicit connection to the MS4 that the connection must be terminated by a specified date.
c. Requirement to Eliminate Illicit Discharges: The Administrator or designee shall send a written notice, sent by first class and certified mail with return receipt requested to the property owner and/or the person responsible for the illicit discharge, informing the property owner or person responsible for an illicit discharge to the MS4, whether it be surface water and/or groundwater, that the discharge must be terminated by a specified date.
d. Sample and Analysis: When the Administrator or designee has reason to believe that an illicit connection is resulting in an illicit discharge, the Administrator or designee may sample and analyze the discharge and recover the cost of such sampling and analysis from the property owner or person responsible for such illicit connection or discharge pursuant to RMC 1-3-3, as now or as hereafter may be amended, and require the person permitting or maintaining the illicit connection and/or discharge to conduct ongoing monitoring at that person’s expense.
e. Right of Appeal from Administrative Decision: Any person aggrieved by an administrative decision of the Administrator or designee may appeal such decision pursuant to RMC 4-8-110.
f. Any illicit connection and/or illicit discharge as set forth in this Section or the Stormwater Pollution Prevention Manual is hereby declared to be a nuisance pursuant to RMC 1-3-3, and as defined in RMC 1-3-4A11c(23).
5. Reporting Requirements:
a. In the event of an illicit discharge or spill of hazardous material into the stormwater drainage system or waters of the City, State of Washington or United States, said person with knowledge thereof shall immediately notify the emergency dispatch services (911).
b. In the event of an illicit discharge of nonhazardous material into the stormwater drainage system or waters of the City, State of Washington or United States, said person with knowledge thereof shall immediately notify the Public Works Department by phone at 425-430-7400, or in person.
6. Inspections, Investigation and Sampling: The Administrator or designee may lawfully enter property to inspect the facilities of any person to determine compliance with the requirements of these regulations.
a. Access:
i. The Administrator or designee shall be permitted to lawfully enter and inspect sites subject to regulation under this Chapter and Section as often as may be necessary to determine compliance herewith, at all reasonable hours for the purpose of inspections, sampling or records examination.
ii. The Administrator or designee shall have the right to set up on the property necessary devices to conduct sampling, inspection, compliance monitoring, and/or metering actions.
b. Compliance with Inspection Report: Within thirty (30) days of receiving an inspection report from the Public Works Department, the property owner or operator shall file with the Department a plan and time schedule to implement any required modifications to the site or to the monitoring plan needed to achieve compliance with the intent of this Chapter or Section or the NPDES permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department.
7. All persons subject to the provisions of this Section shall retain and preserve for no less than three (3) years any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to operation, maintenance, monitoring, sampling, remedial actions and chemical analysis made by or on behalf of a person in connection with any illicit connection or illicit discharge. All records which pertain to matters which are the subject of administrative or any other enforcement or litigation activities brought by the City pursuant to this Code shall be retained and preserved by the person until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 5526, 2-1-2010)
I. REVIEW AND APPROVAL OF PLAN:
1. Process: All storm drainage plans and supportive calculations shall be prepared in connection with any of the permits and/or approvals listed in subsection D of this Section shall be submitted for review and approval to the Development Services Division.
2. Fees: Fees shall be as listed in RMC 4-1-180B.
3. Additional Information: The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Administrator or designee.
4. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this Section or Code, or evidence that any material or construction does not conform to the requirements of this Section or Code, the Administrator or designee may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this Section or Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Administrator or designee shall determine test procedures. Suitable performance of the method or material may be evidence of compliance meeting the testing requirement. (Ord. 5526, 2-1-2010)
J. BONDS AND LIABILITY INSURANCE REQUIRED:
The Development Services Division shall require all persons constructing drainage facilities pursuant to RMC 4-6-030, except for single family residential lots, to post with the City of Renton a surety, cash bonds, assignment of funds or certified check in the amount equal to the estimated cost of construction calculated using the Bond Quantity Worksheet as described in the Surface Water Design Manual.
1. Construction Bond: Prior to commencing construction, the person constructing the drainage facility shall post a construction bond in an amount sufficient to cover the cost of conforming said construction with the approved drainage plans. In lieu of a bond, the applicant may elect to establish a cash escrow account with his bank in an amount deemed by the City of Renton to be sufficient to reimburse the City if it should become necessary for the City to enter the property for the purpose of correcting and/or eliminating hazardous conditions relating to soil stability and/or erosion. The instructions to the escrowee shall specifically provide that after prior written notice unto the owner and his failure to correct and/or eliminate existing or potential hazardous conditions and his failure to timely remedy same, the escrowee shall be authorized without any further notice to the owner or his consent to disburse the necessary funds to the City of Renton for the purpose of correcting and/or eliminating such conditions complained of. After determination by the Department that all facilities are constructed in compliance with the approved plans, the construction bond shall be released.
2. Maintenance Bond (required only for those facilities to be maintained and operated by the City of Renton): After satisfactory completion of the facilities and release of the construction bond by the City, the person constructing the facility shall commence a two (2) year period of satisfactory maintenance of the facility. A cash bond, surety bond or bona fide contract for maintenance with a third party for the duration of this two (2) year period, to be approved by the City of Renton and to be used at the discretion of the City of Renton to correct deficiencies in said maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two (2) year maintenance period. The amount of the cash bond or surety bond shall be in the amount equal to twenty percent (20%) of the estimated cost of construction for a two (2) year period calculated using the Bond Quantity worksheet as described in the Surface Water Design Manual.
The owner of the property shall throughout the maintenance period notify the City in writing if any defect or malfunction of the drainage system has come to his or her notice. Failure to notify the City shall give the City cause to reject assumption of the maintenance of the facility at the expiration of the two (2) year maintenance period, or within one year of the discovery of the defect or malfunction of the drainage system, whichever period is the latest in time.
3. Liability Policy: Before a permit shall be issued for any construction, insurance will be required as follows:
a. The applicant shall secure and maintain in force throughout the duration of the permit commercial general liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000.00) per occurrence/two million dollars ($2,000,000.00) aggregate.
b. Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City with the City named as a primary and noncontributory additional insured on the insurance policy and an endorsement stating such shall be provided to the City.
c. The policy shall provide that it will not be canceled or reduced without thirty (30) days’ advance written notice to the City.
d. Upon showing of a hardship and at the discretion of the Administrator or designee, the insurance requirements may be reduced or waived for single family or two-family residential applications. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011)
K. MAINTENANCE OF DRAINAGE FACILITIES:
1. Drainage Facilities Accepted by the City of Renton for Maintenance:
a. The City of Renton is responsible for maintenance, including performance and operation of drainage facilities that have formally been accepted by the Administrator.
b. The City of Renton may assume maintenance of privately maintained drainage facilities after the expiration of the two (2) year maintenance period in connection with the subdivision of land if the following conditions have been met:
i. All of the requirements of subsection E of this Section have been fully complied with;
ii. The facilities have been inspected and any defects or repairs have been corrected and approved by the Department prior to the end of the two (2) year maintenance period;
iii. All necessary easements entitling the City to properly maintain the facility have been conveyed to the City;
iv. The facility is constructed on a plat with public streets and located on tracts or easements dedicated to the City; and
v. It is recommended by the Administrator and concurred in by the City Council that said assumption of maintenance would be in the best interests of the City.
c. A drainage facility which does not meet the criteria of this subsection shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required.
2. Drainage Facilities Not Accepted by the City for Maintenance:
a. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements per subsection C of this Section and remain responsible for any liability as a result of these duties. This responsibility includes maintenance of a drainage facility which is:
i. Under a two (2) year maintenance bond period;
ii. Serving a private road;
iii. Located within and serving only one single family residential lot;
iv. Located within and serving a multi-family, commercial site, industrial or mixed use property site;
v. Not otherwise accepted by the City for maintenance.
b. A declaration of covenant as specified in the Surface Water Design Manual shall be recorded. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property of a City determination that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed.
i. In the event that the titleholders do not effect such maintenance and/or repairs, the City may perform such work upon due notice. The titleholders are required to reimburse the City for any such work. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County Records Division.
ii. The City may enforce the restrictions set forth in the declaration of covenant provided in the Surface Water Design Manual.
3. Conveyance systems to be maintained and operated by the City must be located in a drainage easement, tract, or right-of-way granted to City. Offsite areas that naturally drain onto the project site must be intercepted at the natural drainage course within the project site and conveyed in a separate conveyance system and must bypass onsite stormwater facilities. Separate conveyance systems that intercept offsite runoff and are located on private property must be located in a drainage easement that may be dedicated to the City if the City deems it appropriate depending on the upstream tributary area.
4. Where not specifically defined in this subsection, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems shall be determined on a case-by-case basis. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011)
L. RETROACTIVITY RELATING TO CITY MAINTENANCE OF SUBDIVISION FACILITIES:
If any person constructing drainage facilities pursuant to this Section and/or receiving approval of drainage plans prior to the effective date of the ordinance codified in this Section reassesses the facilities and/or plans so constructed and/or approved and demonstrates, to the Administrator’s satisfaction, total compliance with the requirements of this Section, the City may, after inspection, approval and acknowledgment of the proper posting of the required bonds as specified in subsection M of this Section, assume maintenance of the facilities. (Ord. 5526, 2-1-2010)
M. ADJUSTMENT:
1. An adjustment to the requirements contained in this Section or other requirements in the Surface Water Design Manual may be proposed. The resulting development shall be subject to all of the remaining terms and conditions of this section and the adjustment shall:
a. Produce a compensating or comparable result in the public interest; and
b. Meet the objectives contained in this Section of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.
2. Requests for adjustments that may conflict with the requirements of any other City departments shall require review and concurrence with that department.
3. A request for an adjustment shall be processed in accordance with the procedures specified in the Surface Water Design Manual.
4. The applicant may appeal an adjustment decision by following the appeal procedures as specified in the Surface Water Design Manual per RMC 4-8-110. (Ord. 5526, 2-1-2010)
N. VARIANCE:
1. If complying with subsection E2 of this Section will deny all reasonable use of a property, a variance to the requirements in the Surface Water Design Manual may be requested from the Community and Economic Development Administrator or designee in accordance with the variance process defined in the Surface Water Design Manual and RMC 4-9-250.
2. A request for a variance shall be processed in accordance with RMC 4-9-250. (Ord. 5526, 2-1-2010)
O. SEVERABILITY:
If any provision, subsection, sentence, clause or phrase of this Section or the application thereof to any person or circumstances is held invalid, the remaining portions of this Section and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 5526, 2-1-2010)
P. VIOLATIONS OF THIS SECTION AND PENALTIES:
A violation of any of the provisions of this Section shall be a civil infraction upon the first offense pursuant to RMC 1-3-2. See also RMC 4-6-110.
(Ord. 3174, 11-21-1977; Ord. 4269, 5-21-1990; Ord. 4351, 5-4-1992; Ord. 4367, 9-14-1992; Ord. 4722, 5-11-1998; Ord. 4740, 7-19-1999; Ord. 4851, 8-7-2000; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5159, 10-17-2005; Ord. 5450, 3-2-2009; Ord. 5478, 8-3-2009; Ord. 5526, 2-1-2010)