Chapter 22.150
STORMWATER MANAGEMENT REGULATIONS
Sections:
22.150.010 Finding and purpose.
22.150.020 Regulated activities.
22.150.030 Authority to develop and administer standards.
22.150.040 Standards for stormwater management.
22.150.050 Review process.
22.150.060 Conditions of approval.
22.150.070 Deviations and appeals.
22.150.080 Stormwater facility construction and certification.
22.150.090 Inspection.
22.150.100 Property owner responsibilities.
22.150.110 Public drainage facilities.
22.150.120 Failure to comply – Nuisance.
22.150.130 Enforcement.
22.150.010 Finding and purpose.
The increased flow of surface water from the use and development of real property within the City must be managed to protect persons, property, and the environment. Stormwater facilities are a common feature of urban development which must be constructed and maintained when property is developed or redeveloped within a geographic area. The City shall implement policies and procedures to:
A. Minimize the degradation of water quality in surface and groundwater;
B. Reduce the impact from increased surface water flow, erosion and sedimentation caused by the development of property;
C. Promote site planning and land development practices that are consistent with the topographical and hydrological conditions; and
D. Maintain and protect public and private property that is used and dedicated for stormwater management. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007).
22.150.020 Regulated activities.
No person on any public or private real property located within the City shall engage in the following regulated activities without first obtaining stormwater control approval from the City. The regulated activities for development are:
A. Grading of land in excess of 500 cubic yards so as to require environmental review pursuant to the State Environmental Policy Act (SEPA);
B. Construction of, or addition to, a building (except a single-family or duplex residence) or placement of impervious surfaces that exceed 5,000 square feet. For projects that are implemented in incremental stages, the threshold applies to the total amount of impervious surfaces replaced or added at full build-out;
C. Disturbance of one acre or more;
D. The subdivision, short subdivision and binding site plan process as defined in Chapter 58.17 RCW and SVMC Title 20; and
E. Construction of drywells or other UIC wells regulated by Chapter 173-218 WAC, UIC Program. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007).
22.150.030 Authority to develop and administer standards.
The development services senior engineer shall develop and administer City standards that relate to best management practices and the threshold requirements for the development of stormwater control facilities. The development services senior engineer is further authorized to develop policies that relate to the submission and modification of stormwater, erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be designed to control and contain stormwater, and reduce soil erosion and sedimentation through the use of temporary and permanent practices and facilities. The requirements shall be designed to permit flexibility in the choice of stormwater, erosion and sediment control methods that meet the specific circumstances of each site and intended use. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007).
22.150.040 Standards for stormwater management.
The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the context requires otherwise, references to the local jurisdiction shall be construed to mean the City of Spokane Valley. The city clerk shall maintain a copy on file. (Ord. 08-005 § 1, 2008).
22.150.050 Review process.
Following submittal of a request to engage in a regulated activity, the development services senior engineer shall review the proposed regulated activity, including any plans or other submitted material. The development services senior engineer shall determine whether the regulated activity is exempt from review based upon the threshold requirements or, alternatively, whether the regulated activity complies with the standards, specifications and requirements contained in the City standards. The development services senior engineer may require the submission of additional material and/or analysis to allow the proponent to demonstrate compliance with City standards. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.040).
22.150.060 Conditions of approval.
The development services senior engineer is authorized to impose development requirements or conditions of approval for the regulated activities. The stormwater requirements or conditions may be placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and agreement may be placed upon a parcel or lot where drainage facilities will be developed.
Conditions of approval shall be based on the City standards, the preliminary site drainage plan, engineering reports or other relevant data that promotes stormwater control, protection of adjacent properties, utilities or other stormwater facilities, slope stabilization and the environment. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.050).
22.150.070 Deviations and appeals.
A. Authority. The development services senior engineer may grant a deviation from the requirements of this chapter or City standards. In granting any deviation, the development services senior engineer may prescribe conditions that are deemed necessary or desirable for the public interest.
B. Deviation Criteria. No deviation shall be granted unless the applicant demonstrates, to the satisfaction of the development services senior engineer, the following:
1. Deviations are based upon sound engineering principles, best management practices and are not inconsistent with the public interest in stormwater control and environmental protection;
2. The granting of the deviation will not be unduly detrimental or injurious to other properties in the vicinity and downstream;
3. The proposed deviation does not conflict with or modify a condition of approval; and
4. Deviations meet requirements for safety, function, appearance, and maintainability.
C. Prior Approval. Any deviation shall be approved prior to acceptance of residential and commercial construction plans and issuance of any building, approach, or site work permits.
D. Right of Appeal. All actions of the development services senior engineer in the administration and enforcement of this chapter shall be final and conclusive, unless within 15 days from notice of the development services senior engineer’s action the applicant or an aggrieved party files a notice of appeal with the hearing examiner. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.080).
22.150.080 Stormwater facility construction and certification.
All stormwater facilities shall be completed and certified by the proponent’s engineer prior to any final plat, short plat, binding site plan, or the issuance of a permanent certificate of occupancy or final inspection for any associated building. At the discretion of the development services senior engineer, a test of the facility may be performed to demonstrate adequate performance. The test shall be performed in the presence of development engineering personnel.
Acceptance of performance sureties, in lieu of completed improvements, shall be permitted only when completion of improvements prior to final land action or permanent certificate of occupancy is impractical (i.e., due to construction season delays or other factors beyond the proponent’s control).
In the event that a performance surety is accepted by the development services senior engineer, the proponent will complete the following measures prior to the release of the surety:
A. All aspects of the drainage facility, including landscaping, irrigation, and establishment of specified vegetation, shall be completed in accordance with the accepted plans on file with the City. The proponent’s engineer shall certify the improvements and request an oversight inspection from development engineering personnel.
B. An exception may be granted for single-family or two-family residential subdivisions where the completion of the swales is not practical until such time as the dwellings are constructed. The proponent shall rough-grade the swales to the required volume and install all drywells, inlets, curb drops and other structures in accordance with the accepted plans on file with the City. Erosion control measures shall be implemented to protect the installed drainage structures and to prevent erosion and/or failure of the swale side slopes. This includes, but is not limited to, lining the swale with geo-fabric that can be removed along with accumulated silt, until the swale is final-graded and vegetated. The completion of the landscaping, irrigation, and establishment of specified vegetation shall be required prior to issuance of the permanent certificate of occupancy or final inspection for any associated dwelling.
A warranty surety shall be submitted to the City upon successful completion and certification of all public improvements to guarantee against defects in construction. The warranty surety will be for a period of two years from the date the facility is accepted by the City. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.090).
22.150.090 Inspection.
The development services senior engineer is authorized to field inspect, as appropriate, street, building site, and drainage construction to verify conformance with City standards and the conditions of approval. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.100).
22.150.100 Property owner responsibilities.
A. The property owner shall comply with provisions of this section and City standards. The property owner shall be responsible for repair, restoration, and perpetual maintenance of the stormwater facility installed on private property and any portion of the swale situated in a public right-of-way adjacent to their respective properties.
B. For purposes of this chapter, "repair and restoration" shall mean conforming the stormwater facility to the plans on file with the City. This responsibility to repair, restore and maintain shall be imposed without regard to any fault or wrongful intention on the part of the property owner.
1. "Maintenance" means preservation of the original area, volume, configuration and function of the stormwater facility as described in the plans.
2. "Maintenance" also includes mowing, irrigating, and replacing when necessary the lawn turf within the swales.
The property owners within single-family and two-family residential subdivisions are not responsible for maintenance of structures such as drywells, inlets, and pipes that receive runoff from public right-of-way and conform to City access standards and are located within the public right-of-way or a border easement dedicated to the City. The City of Spokane Valley will maintain the drywells, inlets and pipes upon acceptance of the public infrastructure.
C. The property owner is responsible for keeping open the drainage and stormwater easements on their property. If a drainage or stormwater easement is unlawfully encroached upon or the function of a designated drainage or stormwater easement is reduced, the property owner is responsible for removing the encroachment or detriment.
D. The property owner is responsible for keeping open maintenance access easements serving drainage facilities and drainage easements.
E. The property owner shall not place or permit, and shall immediately remove, vehicles, equipment, objects, refuse, garbage or litter from the stormwater facility. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.110).
22.150.110 Public drainage facilities.
It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized waters or other liquids onto City property, rights-of-way, or border easements without written permission of the director of public works. For purposes of this chapter, unauthorized waters include, but are not limited to:
A. Groundwater from springs or other natural or artificial sources, foundation drains, sump pumps, and other means of discharging groundwater to the surface;
B. Surface water containing sediment;
C. Discharges from swimming pools, hot tubs, detention or evaporation ponds;
D. Water discharged from the cleaning of containers or equipment used in laying, cutting, or processing concrete and mortar and the water used in such processes;
E. Water discharged from the cleaning of equipment or containers holding paint solvents or similar contaminants; and
F. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of stormwater control and treatment facilities. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.120).
22.150.120 Failure to comply – Nuisance.
The following is declared to be unlawful and a public nuisance:
A. The placement, construction, or installation of any structure within, or the connection to, a public stormwater facility without written permission of the director of public works; or
B. The discharge of stormwater to a public stormwater facility without permission of the director of public works; or
C. The failure to construct or maintain the stormwater facility as required in the permit or site drainage plan; or
D. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or litter within the stormwater facility. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.130).
22.150.130 Enforcement.
Enforcement of this chapter shall be pursuant to Chapter 17.100 SVMC. (Ord. 08-005 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.150.140).