Chapter 13.48
STORMWATER MANAGEMENT REGULATIONS

Sections:

Article I. General Provisions

13.48.010    Title and authority.

13.48.020    Purpose.

13.48.030    Adopted.

13.48.040    Permit – When required – Phasing.

13.48.050    Permit – Exemptions.

13.48.060    Waiver.

13.48.070    Variances.

13.48.080    Applicability to governmental entities.

13.48.090    Other laws.

13.48.100    Permit authority.

Article II. Definitions

13.48.200    Definitions.

Article III. Permit Application Procedures

13.48.300    Scope.

13.48.310    Permit requirements.

13.48.315    Review and approval of stormwater site plans.

13.48.320    Contents of the stormwater site plan.

13.48.325    Permit fees.

13.48.330    System development charges.

13.48.335    Latecomer agreement.

13.48.340    Permit suspension and revocation.

13.48.345    Permit conditions.

13.48.350    Ecology notification.

13.48.355    Bond required – Stormwater facilities.

13.48.360    Liability insurance.

13.48.365    Stop work orders.

13.48.370    Nuisance.

13.48.375    Easements.

13.48.380    Work in city right-of-way.

Article IV. Control of Erosion and Sedimentation

13.48.400    Contents of construction stormwater pollution prevention plan.

13.48.410    TESC approval duration.

13.48.420    Permit modifications.

13.48.430    Display of approved permits.

13.48.440    Bond required – Erosion and sediment control.

13.48.450    Minimum requirements.

13.48.460    Clearing.

13.48.470    Grading.

13.48.480    Drainage.

13.48.490    Controls for other activities.

13.48.495    Additional requirements.

Article V. Stormwater Management Criteria

13.48.500    Minimum control requirements.

13.48.510    Water quality.

13.48.520    Stormwater management measures.

13.48.530    Specific design criteria.

13.48.540    Basin plans.

13.48.550    Oversizing.

Article VI. Inspection

13.48.600    Inspection schedule and reports.

13.48.610    TESC inspection requirements and schedules.

13.48.620    Routine and unscheduled inspections.

Article VII. Maintenance

13.48.700    Maintenance agreement.

13.48.710    Maintenance responsibility.

13.48.720    Ownership and maintenance requirements – Generally.

13.48.730    Bond required – Stormwater maintenance and defect.

Article VIII. System Protection

13.48.800    Facilities damage prohibited.

13.48.810    Trespassing prohibited.

13.48.820    Illicit discharges and connection.

13.48.830    Enforcement.

13.48.840    Compromise settlement and disposition of suits.

13.48.850    Application of chapter 15.06 SMC.

13.48.860    Violation – Penalty.

Article I. General Provisions

13.48.010 Title and authority.

A. These regulations shall be known as the city of Sumner “stormwater management regulations” and may be so cited.

B. The authority for the regulations contained in this chapter is based on RCW 35A.11.020.

C. The Storm Drainage Utility, chapter 13.32 SMC, was created and established pursuant to chapters 35A.80 and 35.67 RCW and Article 11 of the Washington State Constitution.

D. Illicit Discharge Detection and Elimination Authority. The city is authorized to develop and implement an illicit discharge detection and elimination program for stormwater facilities in the city in accordance with the NPDES Phase II permit. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.020 Purpose.

A. The purpose of these regulations is to:

1. Protect, maintain, and enhance the public health, safety and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased stormwater runoff and water quality degradation for all sites located within the city for which a permit from the city is required prior to land altering activities. Proper management of stormwater runoff will minimize damage to public and private property, reduce the effects of development on land and stream channel erosion and sedimentation, assist in the attainment and maintenance of water quality standards and reduce flooding.

2. Detect and eliminate illicit discharges.

3. Meet the requirements of the Western Washington Phase II municipal stormwater permit issued by the Washington State Department of Ecology under the National Pollution Discharge Elimination System (NPDES).

4. Regulate all land-disturbing activity to control erosion associated with land-disturbing activities to prevent damage to public or private property and to prevent sedimentation of creeks, rivers, wetlands, and other water resources in the city.

5. Establish procedures through which these purposes can be fulfilled.

B. The provisions of these regulations shall apply to all development occurring within the incorporated area of the city. The application of these regulations and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by state statute. The city shall be responsible for the coordination and enforcement of the provisions of these regulations.

C. This chapter does not abrogate the technical standards established by any special district that have been developed for the construction and ongoing services provided by the facilities constructed by a special district. When differences in technical standards appear between the city and the special district, the standard that provides the greater protection of public health, resources and properties shall apply.

D. To meet the intent of the NPDES permit issued by the Washington State Department of Ecology of providing treated stormwater discharges to the river systems exempt from flow control and to meet the intent of other permit requirements, the city of Sumner requires that all applicants for residential, commercial, institutional and government agency projects implement low impact development (LID) strategies and practices in their stormwater site plan. LID standards and criteria are set forth in the manuals and the Sumner Development Specifications and Standard Details as therein referenced. The city engineer, or his or her designee, may waive LID strategies if he deems that this type of stormwater management is not applicable or feasible for a particular project. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.030 Adopted.

A. The city of Sumner has adopted the 2005 Washington State Department of Ecology Stormwater Management Manual for Western Washington together with any amendments or corrections.

B. The city of Sumner has adopted the NPDES Western Washington Phase II Municipal Stormwater Permit, Appendix 1 – Minimum Technical Requirements for New Development and Redevelopment, except as amended herein and as described below:

1. The city does not adopt the erosivity waiver procedures outlined under Section 4.2 – Minimum Requirement No. 2: Construction Stormwater Pollution Prevention Plan (SWPP).

2. The city does not adopt the one-acre regulatory threshold identified in Section 3.1 – Thresholds.

C. The city of Sumner has adopted the 2005 Puget Sound Partnership Low Impact Development Technical Guidance Manual for Puget Sound together with any amendments or corrections.

D. The city of Sumner has adopted, together with any amendments or corrections, the city of Sumner Development Specifications and Standard Details.

E. Where there are discrepancies between these adopted references, the standard that provides the most environmental protection shall be used. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.040 Permit – When required – Phasing.

A. A site development permit is required for any proposed development, land-disturbing activity, stockpiling or application of sediment producing materials unless:

1. Otherwise exempt from a site development permit under SMC 13.48.050.

2. If the permittee applies for and is granted a variance by the city in accordance with SMC 13.48.070.

B. A stormwater site plan, approved by the city, is required for all projects for which a site development permit is required unless:

1. The proposed actions are exempt from a site development permit under SMC 13.48.050;

2. The city engineer waives the submission of the stormwater site plan in accordance with SMC 13.48.060; or

3. The permittee applies for and is granted a variance by the city in accordance with SMC 13.48.070.

C. The required permit or permits will not be issued for any activity on any parcel or lot until the stormwater site plan has been approved unless the project is exempt or a waiver or variance is granted by the city as identified in this chapter.

D. Permit requirements shall be determined by the city engineer based on the permittee’s proposed phasing and actions. The design, construction and operation and maintenance of temporary or permanent stormwater or surface water management facilities required for the permit shall be in accordance with these regulations and the standards adopted in SMC 13.48.030.

1. Additions or Modifications to Existing Single-Family Detached Residential Structures and Their Accessory Buildings. If the thresholds in the manual are exceeded, a stormwater site plan is required. Applicants for additions or modifications to single-family residential structures are still required to provide stormwater control for the additional impervious area created by the project by tight-lining flow from the downspouts to the stormwater collection system located in the right-of-way adjacent to the property frontage. If a stormwater collection system is not located within the right-of-way fronting the property, or if site conditions make it physically impossible to connect the downspouts to the stormwater collection system, stormwater control shall be constructed per the single-family residential infiltration system guide contained in the Sumner Development Specifications and Standard Details.

2. Projects That Will Construct a Single House on a Single Residential Lot That Is Not Part of a Short Subdivision or Subdivision. If the thresholds in the manual are exceeded, a stormwater site plan is required. If exempt from developing a stormwater site plan, applicants for single-family residential construction on a single residential lot shall still be required to provide stormwater control by tight-lining flow from the downspouts to the stormwater collection system located in the right-of-way adjacent to the property frontage. If a stormwater collection system is not located within the right-of-way fronting the property, or if site conditions make it physically impossible to connect the downspouts to the stormwater collection system, stormwater control shall be constructed per the single-family residential infiltration system guide contained in the Sumner Development Specifications and Standard Details.

E. For projects that have extended phasing:

1. Additional permit fees shall be required if the length of phasing exceeds the time length of the permit; and

2. Financial guarantees shall be extended to cover the proposed length of phasing. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.032)

13.48.050 Permit – Exemptions.

A. A permittee receiving an exemption from the city to obtain a permit or prepare a stormwater site plan:

1. Is not authorized to cause illicit discharges, including spills, of oil or hazardous substances;

2. Is not relieved from responsibilities and liabilities under state and federal laws and regulations pertaining to those discharges; and

3. Is not authorized to allow discharges that would violate standards in the NPDES Phase II permit.

B. The following are exempt from obtaining a site development permit:

1. Commercial agriculture as exempt in accordance with the manual. Exempt commercial agricultural practices involving working the land for production are generally exempt from this chapter. However, the conversion from timberland to agriculture, and the construction of impervious surfaces, are not exempt.

2. Forest practices as exempt in accordance with the manual. Forest practices regulated under WAC Title 222, except for Class IV – General Forest Practices that are conversions from timberland to other uses, are exempt from this chapter.

3. Road maintenance as exempt in accordance with the manual. The following road maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, and vegetation maintenance.

4. Developments or other land-disturbing activities that do not disturb over 5,000 square feet of land area.

5. Any proposed land-disturbing activity, fill, or cut involving 50 cubic yards of earth or less.

C. Projects requiring a site development permit and/or stormwater site plan are exempt from flow control if there is a direct discharge to a water body identified in Appendix 1E of Volume I of the manual; provided, that all of the following conditions are met:

1. The permittee constructs the outfall;

2. The permittee utilizes an existing outfall, provided the permittee conducts hydraulic modeling and backwater analysis to verify that the existing outfall has sufficient capacity to convey the additional runoff volume and flow without surcharging;

3. A hydraulic project approval (HPA), if required, is applied for by the permittee and is issued by the Washington Department of Fish and Wildlife;

4. The outfall does not violate any stormwater diversions as documented in Appendix 1E of Volume I of the manual;

5. The permittee obtains all other permits required by federal, state and local laws and regulations; and

6. The permittee enters into an operations and maintenance agreement with the city. The operations and maintenance agreement may be waived; provided, that:

a. The outfall is permitted under Ecology’s industrial stormwater general permit or other individual permit that requires the ongoing maintenance and monitoring of the outfall by the permittee;

b. Copies of the Ecology-approved permit are submitted to the city; and

c. Copies of all reports are submitted to the city at the time of submittal to Ecology.

D. Projects exempt from a site development permit are exempt from preparing a stormwater site plan. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.034)

13.48.060 Waiver.

A. The city engineer or his or her designee may waive the submission of plans, calculations, and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this regulation.

B. If a site development permit is required for a project but applicable project thresholds are below those in the manual, the submittal of a stormwater site plan may be waived by the city at the discretion of the city engineer or his or her designee. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.036)

13.48.070 Variances.

A. The city engineer or his or her designee may grant a written variance from any requirement of this chapter if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of these regulations will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the city and shall state the specific variances sought and reasons for their granting. The city engineer or his or her designee shall not grant a variance unless and until completion of legal public notice of an application for variance, completion of legal public notice of the city’s decision on the application, and written findings of fact that document the city’s determination to grant a variance.

B. Variances from this chapter and the documents adopted in SMC 13.48.030 may be permitted only after a determination by the city engineer or his or her designee using the stormwater comprehensive plan and/or employing the following criteria:

1. Sufficient capacity of downstream facilities under design conditions;

2. Maintenance of the integrity of the receiving waters;

3. Possibility of adverse effects of retention/detention;

4. Utility of regional retention/detention facilities;

5. Capability of maintenance of the system;

6. Structural integrity of abutting foundations and structures;

7. There are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find ways to meet the intent of the minimum requirements has been made;

8. That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state;

9. The variance is the least possible exception that could be granted to comply with the intent of the NPDES Phase II permit and the minimum requirements of the manual; and

10. Adherence to the minimum requirements outlined in the manual imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship, the project applicant must consider and document the following before the city can grant written findings of fact:

a. The current (pre-project) use of the site;

b. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements;

c. The possible remaining uses of the site if the variance was not granted;

d. The uses of the site that would have been allowed prior to the adoption of the minimum requirements;

e. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements;

f. The feasibility for the owner to alter the project to apply the minimum requirements.

C. Variances from the erosion and sediment control ordinance may be permitted only after determination by the city engineer or his or her designee employing the following criteria:

1. There are unique circumstances applicable to the subject property or to the intended use, such as topography, location or surroundings, which do not generally apply to other properties or classes of use;

2. Such a variance is necessary for the preservation and enjoyment of a substantial property or class of use;

3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property, water quality, environment, habitat, or improvements in the vicinity;

4. The granting of such variance will not adversely affect any applicable comprehensive drainage or zoning plan;

5. The variance is the minimum necessary to afford relief. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.038)

13.48.080 Applicability to governmental entities.

All state and federal governmental entities shall be required to comply with the terms of this chapter when developing and/or improving land including, but not limited to, road building and widening within the city limits. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.040)

13.48.090 Other laws.

A. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply.

B. Neither these regulations nor any administrative decision made under it:

1. Exempts the applicant from procuring other required local, state, and federal permits or complying with the requirements and conditions of such permits; or

2. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for the relief of damages against the applicant arising from the permitted activity. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.050)

13.48.100 Permit authority.

The city engineer or his or her designee is the designated agent for the issuance of permits and approvals in the city. The city engineer or his or her designee shall have the authority to set administrative procedures and policies to carry out the purposes and intent of this chapter, related regulations, and policies. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.060)

Article II. Definitions

13.48.200 Definitions.

For the purposes of these regulations, the following definitions describe the meaning of the terms used in these regulations and in the Sumner Development Specifications and Standard Details.

1. “Adverse impact” means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

2. “Agricultural land management practices” means those methods and procedures used in the cultivation of land in order to further crop production and conservation of related soil and water resources.

3. “Applicant” means any person, firm, or government agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.

4. “Aquifer” means a porous, water-bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.

5. “Artificial slope” means a human-made construction of inclined earth which is designed to perform a specific function in a project or graded area not including existing slopes or manmade slopes altered through natural processes such as erosion.

6. “Best management practice (BMP)” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.

7. “Bond” means a surety bond or assignment of funds to guarantee all work is done in compliance with all applicable city requirements.

8. “Buffer area” is defined in the city of Sumner shoreline master program as currently adopted. Buffers shall not be used for stormwater management facilities unless otherwise specifically allowed in SMC Title 16.

9. “City” means the city of Sumner, Washington, or, as indicated by the context, may mean the public works department, public works director, public works superintendent, city engineer, or other employee or agent representing the city in the discharge of his or her duties.

10. “City council” means the publicly elected body of local representatives for the incorporated city of Sumner, Washington, vested with the power to enact and repeal local laws, regulations, rules, policies, and procedures.

11. “City engineer” means the directing engineer for the city. Any act in this chapter requiring the authorization of the city engineer may be done by an authorized employee of the engineering department.

12. “Civil engineer” means a professional engineer registered in the state of Washington to practice in the field of civil engineering.

13. “Clearing” means the removal of trees, brush, and other vegetative growth from the land in such a manner to affect the erosion potential of the soils on a site. “Clearing” shall not include the ordinary mowing of grass.

14. “Construction” means the implementation of all land-disturbing activities.

15. “Construction stormwater pollution prevention plan” means an engineering plan showing all BMPs, controls, and measures which will be implemented by the applicant to minimize erosion on the subject property and remove suspended sediment from site runoff during and immediately after the period of construction or other land-disturbing activity. The construction stormwater pollution prevention plan is a required element of a stormwater site plan and shall be developed in accordance with the manual.

16. “Continuous construction” means an orderly sequential construction with no significant delays due to factors within the control of the applicant.

17. “Detention facilities” means facilities designed to hold runoff for a period of time and then release it to a natural or manmade watercourse at a predetermined rate generally approximating what would have occurred under predevelopment conditions.

18. “Development” means land-altering activities that change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration. “Development” includes construction of new structures or redevelopment of previously altered sites.

New development includes land-disturbing activities, including Class IV – General forest practices that are conversions from timberland to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in chapter 58.17 RCW. Projects meeting the definition of “redevelopment” shall not be considered new development.

On a site that is already substantially developed (that has 35 percent or more of existing impervious surface coverage), “redevelopment” means the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land-disturbing activities.

19. “Sumner Development Specifications and Standard Details” means the specifications and standard details manual available from the public works department that contains technical specifications and details for the design, construction, and maintenance of stormwater facilities.

20. “Drainage” means water originating from rainfall or other precipitation which is transmitted downhill through sheet flow, rivulets, channels, drainage ditches, pipes, creeks, streams, and rivers.

21. “Drainage area” means that area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.

22. “Drainage basin plan” means the plan adopted by ordinance for managing storm drainage and surface water runoff facilities and features within the city’s drainage basins.

23. “Easement” means a grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

24. “Ecology” means the Washington State Department of Ecology.

25. “Equivalent service unit (ESU)” means and is equal to 3,100 square feet of impervious groundcover to be used by the city in assessing service fees for the storm drainage utility and determining system development charges. A single-family residential parcel is designated as a single ESU irrespective of the size of parcel or the amount of impervious area on such parcel, until such time as the parcel is segregated or the use of the land is modified to other than single-family.

26. “Erosion” means the wearing away of land surface from action of wind, water, gravity or any combination thereof.

27. “Erosion and sediment control best management practices (BMPs)” means a practice, control device, or construction method which is designed to either prevent erosion or remove suspended sediment from runoff. Erosion and sedimentation control BMP options are identified in Volume II of the manual.

28. “Exemption” means those land development activities that are not required to develop a stormwater site plan as outlined in these regulations.

29. “Existing conditions” means:

a. Existing site conditions for sites that have not been developed or altered since 1993;

b. Existing site conditions for sites that have been developed or altered after 1993 if:

i. A building or grading permit was issued and includes a drainage system that was designed and constructed in accordance with the requirements of this chapter in effect at the time the permit was issued; or

ii. A building or grading permit was issued but received an exemption or waiver from the city from compliance with this chapter in effect at the time the permit was issued;

c. Vegetated pervious cover for sites developed or altered after 1993 if:

i. A building or grading permit was required but application to the city was not provided; or

ii. A drainage system was not designed and constructed in accordance with the requirements of this chapter in effect at the time of construction; or

iii. Did not receive an exemption or waiver from the city for compliance with this chapter in effect at the time of construction;

iv. Vegetated pervious cover shall be considered 100 percent pasture unless the site or portions thereof were wooded or forested prior to site work.

30. “Fee and rate schedule” means the list of charges, to applicants or other persons, established by the city council to reimburse the city for time spent in review of permit applications and inspection of potential or actual violations of law.

31. “Flow attenuation” means detaining or retaining runoff to reduce the peak discharge.

32. “Grading” means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof. “Grading” also means movement of earth requiring the removal of most or all of the existing vegetation and in sufficient quantities to alter the natural topography and general character of a site.

33. “Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

34. “Illicit discharge” means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from fire-fighting activities. Illicit discharges include, but are not limited to, sanitary sewer connections, industrial process water, interior floor drains, fuel islands, car washing, and grey water systems. Illicit discharges are further described in SMC 13.48.820. Discharges from fire-fighting activities are not included in the definition of “illicit discharges.”

35. “Impervious surface,” as defined in the glossary and notations appendix to Volume I of the manual, is a hard-surfaced area either which prevents or retards the entry of water into the soil in the manner that such water entered the soil under natural conditions pre-existent to development, or which causes water to run off the surface in greater quantities or an increased rate of flow than that present under natural conditions pre-existent to development. Impervious surfaces include, but are not limited to, roof tops, asphalt or concrete paving, driveways, parking lots, walkways, patio areas, storage areas, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration or runoff patterns of stormwater existing prior to development.

Open, uncovered retention/detention facilities shall not be considered as impervious surface for the purposes of determining whether thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surface, however, for the purposes of hydrologic modeling.

For stormwater design, flow control, and water quality treatment purposes, graveled or rock surfaces for parking lots, storage areas, driveways, and other uses approved and constructed in accordance with city standards are considered impervious areas.

For calculating rates and fees for the stormwater utility, graveled or rock surfaces for parking lots, storage areas, driveways, and other uses, whether existing or approved and constructed in accordance with city standards and requirements, and water surface areas of stormwater facilities, are not considered impervious areas.

36. “Infiltration” means the passage or movement of water into the soil surface.

37. “Land-disturbing activities” means the clearing or removal of vegetation, or the movement of earth or other sediment-producing materials which are in direct contact with the ground or the removal of existing improvements such as foundations or other features down to bare soil.

38. “Low impact development” means a stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions. Low impact development shall be in accordance with the standards set forth in these regulations.

39. “Manual” means the 2005 version of the Stormwater Management Manual for Western Washington (SMMWW) issued by the Washington State Department of Ecology together with any corrections or amendments.

40. “Minimum requirements” means the minimum requirements for stormwater management described in the NPDES Phase II permit. The minimum requirements include:

a. Minimum Requirement 1, Preparation of Stormwater Site Plans.

b. Minimum Requirement 2, Construction Stormwater Pollution Prevention Plan (SWPPP).

c. Minimum Requirement 3, Source Control of Pollution.

d. Minimum Requirement 4, Preservation of Natural Drainage Systems and Outfalls.

e. Minimum Requirement 5, On-Site Stormwater Management.

f. Minimum Requirement 6, Runoff Treatment.

g. Minimum Requirement 7, Flow Control.

h. Minimum Requirement 8, Wetlands Protection.

i. Minimum Requirement 9, Basin/Watershed Planning.

j. Minimum Requirement 10, Operation and Maintenance.

41. “Municipal separate storm sewer system (MS4)” means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

a. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under the federal Clean Water Act (CWA) Section 208 that discharges to waters of the United States;

b. Designed or used for collecting or conveying stormwater;

c. Which is not a combined sewer; and

d. Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.

42. “National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of the CWA, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology.

43. “Notice of violation” means the written document served on an applicant or other person subject to the provisions of this chapter which precedes all forms of enforcement actions including stop work orders, revocation of permits, and assessment of cumulative civil penalties.

44. “NRCS” means the Natural Resource Conservation Service, formerly the Soil Conservation Service. The NRCS is a federal agency within the United States Department of Agriculture.

45. “NPDES Phase II permit” means the stormwater permit issued by Ecology in accordance with the NPDES as promulgated under the CWA.

46. “On-site stormwater management” means the design and construction of systems necessary to control stormwater within an immediate development.

47. “Permittee” means the person, property owner, corporation, utility, government agency, or any other private or governmental entity applying for or granted a site development or other permit.

48. “Private outfall” means a stormwater conveyance element, e.g., a ditch or pipe, which discharges directly into a receiving water body that is exempt from flow control and does not divert water or upstream contributing area run-on from the natural discharge location of the site. Additional requirements for private outfalls are identified in the Sumner Development Specifications and Standard Details.

49. “Retention facilities” means facilities designed to hold water for a length of time and then release it by evaporation, transpiration, or infiltration into the ground. Depending on infiltration rates, retention facilities may hold water longer than detention facilities.

50. “Rough grading” means the preliminary clearing and shaping of a site.

51. “Runoff” is the water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance system. See also “stormwater.”

52. “SCS” means the Soil Conservation Service, which is now the NRCS. Previously, the SCS issued several documents related to hydrology and hydraulics, such as soil maps, TR20, Computer Program for Project Formulation Hydrology, and TR55, Urban Hydrology for Small Watersheds.

53. “Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

54. “Sensitive areas” means those areas defined and regulated under SMC Title 16. Sensitive areas shall not be used for stormwater management for proposed projects unless specifically allowed by SMC Title 16 and all required mitigation is provided.

55. “Single-family residential property or parcel” means any property or parcel which contains only one residential unit. Properties or parcels which contain more than one residence or residential unit shall be classified as multifamily residential properties or parcels.

56. “Site” means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land which are in one ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.

57. “Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

58. “Slope grade” means the ratio of horizontal run to vertical fall on a slope and shall be expressed as a ratio or as a percentage of a one-to-one ratio.

59. “Small municipal separate storm sewer system (small MS4)” is a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and/or storm drains which is:

a. Owned or operated by a city, town, county, district, association, or other public body created pursuant to state law having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as sewer districts, flood control districts, or drainage districts, or similar entity.

b. Designed or used for collecting or conveying stormwater.

c. Not a combined sewer system.

d. Not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.

e. Not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) and (7) or designed under 40 CFR 122.26(a)(1)(v).

Small MS4s include systems similar to separate storm sewer systems in municipalities such as: universities, large publicly owned hospitals, prison complexes, highways, and other thoroughfares. Storm sewer systems in very discrete areas such as individual buildings do not require coverage under this permit.

Small MS4s do not include storm drain systems operated by nongovernmental entities such as: individual buildings, private schools, private colleges, private universities, and industrial and commercial entities.

60. “SMC” shall mean the Sumner Municipal Code.

61. “Special district” means a district formed and operated under the provisions of RCW Title 85. Special districts include diking districts; drainage districts; diking, drainage, and/or sewerage improvement districts; intercounty diking and drainage districts; consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts; or flood control districts.

62. “Stabilization” means the prevention of soil movement by any of various vegetative and/or structural means.

63. “Stabilize” means to secure soil or deposited sediment so that the rate of erosion is minimized.

64. “Steep slopes” means slopes which exceed 25 percent slope grade.

65. “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

66. “Stormwater comprehensive plan” means the plan adopted by the city council for managing storm drainage and surface water runoff facilities and features within the city’s drainage basins.

67. “Stormwater management” means:

a. For quantitative control, a system of vegetative and/or structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and

b. For quality control, a system of vegetative, structural, and/or other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.

68. “Stormwater management facilities” means constructed facilities that collect, convey, treat, detain, or retain stormwater. Stormwater management facilities may include such elements as catch basins, manholes, pipes, LID BMPs, detention ponds, retention ponds, or other elements. Stormwater management facilities may be on private parcels, in public easements, or in public rights-of-way. Storm drainage systems with pipe and drainage structures are also considered stormwater management facilities for purposes of this chapter. Stormwater management facilities may also be referred to as “stormwater facilities.”

69. “Stormwater management program (SWMP)” means a set of actions and activities designed to reduce the discharge of pollutants from the regulated small MS4 to the maximum extent practicable and to protect water quality, and comprising the components listed in S5 or S6 of the NPDES Phase II permit and any additional actions necessary to meet the intent of these stormwater management regulations.

70. “Stormwater site plan” means the comprehensive report containing all of the technical information and analysis necessary for the city to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. The stormwater site plan includes a construction stormwater pollution prevention plan (construction SWPPP) and a permanent stormwater control plan. Guidance on preparing a stormwater site plan is contained in Volume I, Chapter 3 of the manual. The stormwater site plan shall be prepared by an engineer licensed by Washington State.

71. “Stripping” means any activity which removes the vegetative surface cover including tree removal, clearing, grubbing and storage or removal of topsoil.

72. “Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, consistent with the provisions of this chapter; provided, that the term “subdivision” also includes the redivision of land into four or fewer lots, tracts, parcels sites or divisions for the purpose of sale, or transfer of ownership where such land has been short subdivided within the previous five years.

73. “Subject property” means the tract of land which is the subject of the permit, and/or approval action, and/or inspection of violation, as defined by the full legal description of all parcels involved.

74. “System development charges” are one-time charges assessed on new development or redevelopment to provide an equitable recovery of existing system infrastructure costs and to provide a source of revenue for future capital construction. System development charges are in addition to any actual cost incurred for system improvements or connection to an existing system as required for development.

75. “TESC” means temporary erosion and sediment control measures to avoid adverse impacts to downstream water resources or on-site stormwater management facilities during construction. “TESC” also includes construction stormwater pollution prevention.

76. “UIC” means the underground injection control rule promulgated by Ecology under chapter 173-218 WAC. Stormwater management facilities that are considered Class V wells under the UIC rule are usually shallow injection wells that inject fluids above the uppermost ground water aquifer. Some examples are dry wells, french drains, and drain fields. A UIC well is one of the following: (a) a bored, drilled, or driven shaft, or dug hole whose depth is greater than the largest surface dimension; (b) an improved sinkhole; or (c) a subsurface fluid distribution system. “Subsurface fluid distribution system” means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground. Class V wells must be registered with Ecology in accordance with SMC 13.48.350.

77. “Valley” shall generally mean that portion within the incorporated limits of the city:

a. East of and including the right-of-way for West Valley Highway; and

b. West of and including East Valley Highway north of the south channel bank of Salmon Creek; and

c. West/southwest of the southwesterly channel bank of Salmon Creek south of East Valley Highway (properties) that do not discharge into Salmon Creek.

78. “Variance” means the modification of the minimum stormwater management requirements for specific circumstances where strict adherence of the requirements would not fulfill the intent of these regulations and would result in unnecessary hardship.

79. “Waiver” means the relinquishment from the stormwater management requirements by the city engineer for the specific development on a case-by-case review basis.

80. “Water quality standards” means Surface Water Quality Standards, chapter 173-201A WAC, Ground Water Quality Standards, chapter 173-200 WAC, and Sediment Management Standards, chapter 173-204 WAC.

81. “Watercourse” means any natural or artificial stream, river, creek, ditch, channel, swale, conduit, culvert, drain, gully, or ravine, in and including any area adjacent thereto, which is subject to inundation or conveys water by reason of runoff-producing precipitation events, overflow from adjacent areas, or flood water.

82. “Waters of the state” includes those waters as defined as “waters of the United States” in 40 CFR 122.2 within the geographic boundaries of Washington State and “waters of the state” as defined in chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

83. “Watershed” means a geographic region within which water drains to a particular river, stream, or body of water. Watersheds can be as large as those identified and numbered by the state of Washington Water Resource Inventory Areas (WRIAs) as defined in chapter 173-500 WAC.

84. “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. A wetland shall be delineated based on the U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineers Waterways Experiment Station, Vicksburg, MS (1987). (Ord. 2429 § 3, 2013; Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.200 – 13.48.285)

Article III. Permit Application Procedures

13.48.300 Scope.

No person shall develop any land without having provided for appropriate stormwater management measures that control or manage runoff from such developments, except as allowed within SMC 13.48.050, 13.48.060, and 13.48.070. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.310)

13.48.310 Permit requirements.

A. A site development or building permit application shall contain the following:

1. Application form;

2. Clearing and grading plan showing each phase of construction or a separate construction phasing plan;

3. Construction schedule;

4. Stormwater site plan, including a construction stormwater pollution prevention plan;

5. Environmental checklist consistent with the State Environmental Policy Act, unless exempt by state law;

6. On potential steep slopes, an area survey may be required per the city engineer;

7. Application fees;

8. Easements for the stormwater management facilities and easements to provide adequate access for inspection and maintenance from a public right-of-way;

9. A recorded stormwater maintenance agreement;

10. Land use restrictions commensurate with implemented LID practices; and

11. Security as defined in SMC 13.48.355 and 13.48.360.

B. The applicant is responsible for obtaining any other permits required by any special district or other applicable agency or utility.

C. The city engineer or his or her designee may require additional information before issuing a permit including but not limited to a geotechnical report. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.312)

13.48.315 Review and approval of stormwater site plans.

A. A stormwater site plan prepared in accordance with the manual and the Sumner Development Specifications and Standard Details shall be submitted to the city by the applicant for review and approval for any proposed development, unless otherwise exempted.

B. A stormwater site plan or application for a waiver shall be submitted to the city by the applicant for review and approval for any proposed development, unless otherwise exempted. The stormwater site plan shall be accompanied by supporting computations, drawings, and sufficient information describing the manner, location and type of measures in which stormwater runoff will be managed from the entire development. The city shall review the plans to determine compliance with the requirements of these regulations prior to approval. The plans shall serve as the basis for all subsequent construction.

C. The stormwater site plan and supporting documents shall be stamped and signed by an engineer licensed to practice in the state of Washington.

D. The applicant is responsible for obtaining any other permits required by any special district or other applicable agency or utility.

E. The stormwater site plan shall not be considered approved without the inclusion of the signature and the date of the signature of the city engineer or his or her designee on the plan. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.314)

13.48.320 Contents of the stormwater site plan.

A. The applicant is responsible for submitting a stormwater site plan which conforms to the design requirements of these regulations, the manual, and the Sumner Development Specifications and Standard Details. Contents of the stormwater site plan may vary with the type and size of the project, individual site characteristics, and the location of the site within the city. As part of the preapplication coordination, the applicant and the engineer of record may schedule a consultation with the city engineer or his or her designee to discuss the minimum requirements and best management practices (BMPs) applicable to the project. The stormwater site plan shall also document any special conditions required by any applicable special district.

B. Contents of a construction stormwater pollution prevention plan shall be consistent with the requirements and examples of the standards adopted in SMC 13.48.030. Erosion and sediment control BMPs shall be designed and stamped by a civil engineer licensed to practice in the state of Washington. The required contents of geotechnical engineering reports shall be established on a project-by-project basis. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.316)

13.48.325 Permit fees.

A nonrefundable permit fee shall be collected at the time of issuance of a site development permit. The permit fee shall provide for the cost of plan review, administration, management of the permitting process, and inspections of permitted activities. Fees related to site development permits shall be calculated as follows:

A. Base Permit Fee.

• Commercial/industrial development: $100.00;

• Residential development: $50.00.

B. Plan Review Fee.

• One hour x current engineering burdened rate (minimum);

• In-house plan review fee: Number of hours x current engineer burdened rate;

• Third-party review fees as billed to city, including city administrative costs.

C. Inspection Fee.

• Two hours x current inspector burdened rate (minimum);

• ([# disturbed acres x 4] + 10) x current inspector burdened rate;

• Additional inspection as warranted: Number of hours x current staff burdened rate.

The total fee for site development permit approval shall be the sum of the above elements. Plan review fees shall be accrued until the construction plans are approved for construction. Accrued review fees shall be paid regardless of whether a permit is issued. Inspection fees shall be accrued until final project approval and shall be assessed to the permittee as they are accrued. TESC approval and permit issuance will not occur until plans are approved for construction.

If additional inspections are required for a subject property other than those referenced in Article VI of this chapter, city employees’ time for such inspections shall be charged to the applicant and/or other person subject to the provisions of this chapter on an hourly basis per the current burdened rate. Burdened rates for city staff are actual salaries plus benefits with a 1.25 multiplier to cover indirect costs. City staff burdened rates are specified in the Sumner utility rate and fee schedule. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.318)

13.48.330 System development charges.

Each new development or redevelopment in the city of Sumner shall pay a system development charge. Payment for system development charges to the storm drainage system is outlined below.

A. Depending on the size and timing of a development, site permits can be issued as follows:

1. A single site development permit which includes TESC, grading and filling, and all nonstructure site improvements including utilities, curb and gutter, sidewalk, and paving. Under this scenario, SDC collection would be conducted as follows:

# ESUs x $ SDC

The number of ESUs for single-family residences, including duplex-family units and single-family residences with a detached accessory dwelling and multifamily, shall be calculated as specified in SMC 13.32.100. The number of ESUs for all other developments, including institutional, commercial, and industrial, shall be calculated using the actual measurement of the site impervious surface area to determine the number of ESUs. The system development charge per ESU shall be as established in the Sumner utility rate and fee schedule.

2. A site permit for TESC phase (for TESC and grading/filling) and a site development permit for the remaining nonstructure site improvements. Under this scenario, SDC collection would be phased as outlined below:

a. The owner(s) shall first pay a system development charge for the TESC phase prior to issuance of a site permit for the TESC phase calculated as follows:

(# Square Feet of Disturbed Land/1,000) x $20.00

Square feet of disturbed land shall be calculated to the nearest 100 square feet.

b. The owner(s) shall then pay the remainder of the system development charge prior to issuance of the site development permit calculated as follows:

(# ESUs x $ SDC) – SDC Collected During TESC Phase

The portion of the system development charge collected during the TESC phase shall only be credited against the total system development charge due if the site development permit is issued within three years of issuance of the site permit for the TESC phase.

B. The owner(s) of a parcel shall pay all costs of connecting and discharging runoff from its parcel to the storm drainage system. This obligation shall be assumed in addition to any permit, plan review or inspection fee or other stormwater charges, pursuant to this chapter.

C. Effective October 1st of each year, the system development charge shall be adjusted according to the Seattle Construction Cost Index (CCI).

D. The system development charges collected under this chapter shall be deposited in the utility’s capital reserve fund and used only for utility system improvements. (Ord. 2429 § 2, 2013: Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.320)

13.48.335 Latecomer agreement.

A. A “latecomer agreement” shall be defined as an agreement between the city and a property owner for the sole purpose of reimbursing such owner for costs incurred by that owner for the installation of a public storm drainage system. Said system shall have a reasonable possibility of directly benefiting future development by other properties within the area.

B. The latecomer agreement charge shall be based on the total project cost and figured on either a front foot or area assessment basis or both at the reasonable discretion of the public works department. The project costs shall include all associated design and construction charges of said project submitted by the property owner and approved by the city.

C. The public works director is authorized and directed to execute latecomer agreements at the request of the property owner as provided by chapter 13.40 SMC. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.322)

13.48.340 Permit suspension and revocation.

Any land-disturbing or building permit issued by the city may be suspended or revoked by appropriate authority after written notice is given to the applicant for any of the following reasons:

A. Any violation(s) of the conditions of the stormwater site plan approval.

B. Changes in site runoff characteristics upon which a variance was granted.

C. Construction is not in accordance with the approved plans.

D. Noncompliance with correction notice(s) or stop work order(s) issued for the construction of the stormwater management facility.

E. An immediate danger exists in a downstream area in the opinion of the city.

F. Fraudulent or intentional misrepresentation of information relied upon for plan review. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.324)

13.48.345 Permit conditions.

In granting the stormwater site plan approval, the city may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of these regulations, the preservation of the public health and safety, conformance with the NPDES Phase II permit, and conformance with the UIC rule. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.326)

13.48.350 Ecology notification.

For projects that propose stormwater management facilities meeting the definition of a Class V underground injection well, the city will provide notification to Ecology as required by WAC 173-218-070. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.329)

13.48.355 Bond required – Stormwater facilities.

The city shall require from the applicant a cash or surety or cash bond prior to the issuance of any permit requiring a stormwater site plan. The amount of the security shall be 100 percent of the total estimated construction cost of the storm drainage system that will be conveyed to the city as a public facility or $20,000, whichever is greater. The bond so required for the elements needed for conformance with this chapter shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater site plan, compliance with all the provisions of these regulations, and other applicable laws and regulations, and any time limitations. The bond shall remain in effect until the facility is approved by the city. See Chapter 1 of the Sumner Development Specifications and Standard Details for additional information regarding final acceptance. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.330)

13.48.360 Liability insurance.

All contractors performing work within any existing street right-of-way or any public easement shall have a valid permit covering the work and shall be currently licensed and bonded with the state of Washington and the city during the course of the work.

In addition to required bonds, all applicants or their contractors shall maintain a liability policy for the duration of the permit in the amount of not less than $1,000,000 for bodily injury liability (for each occurrence) and for not less than $1,000,000 for property damage liability (for each occurrence). Such insurance shall include the CG 20 12 endorsement naming the city of Sumner, its officers and employees as specifically additional insureds, and the project site address and city project/permit number shall be included in the project description. The applicant shall not reduce or cancel the liability policy without 30 days’ written prior notice to the city. Applicants shall present the city with a certificate of insurance before the city shall issue any permit. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.332)

13.48.365 Stop work orders.

Whenever any work is being done contrary to the provisions of this chapter, or other pertinent laws or ordinances implemented through the enforcement of this chapter, the city engineer or his or her designee may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the city engineer or his or her designee to proceed with the work. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.334)

13.48.370 Nuisance.

Any condition or activity which violates the provisions of this chapter shall be unlawful and a public nuisance and may be abated as such through stop work orders, revocation of permits, and civil penalties, as well as any other remedies which are set forth in this chapter. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.336)

13.48.375 Easements.

All public storm drainage systems shall be required to be located within a recorded public storm drainage easement or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for access to said storm drainage facilities. The minimum width of the required drainage easement shall be adequate to encompass all facilities and include room for access and maintenance, in accordance with the Sumner Development Specifications and Standard Details. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.338)

13.48.380 Work in city right-of-way.

A. All work within the limits of any street right-of-way or any public easements shall be pursued to completion with due diligence and, if an excavation is left open beyond a reasonable length of time, the city shall cause the same to be backfilled and restored forthwith.

B. Any costs incurred by the city in backfilling or restoring said excavation will be charged to the property owner and/or applicant. Any delinquent payments shall constitute a lien. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.340)

Article IV. Control of Erosion and Sedimentation

13.48.400 Contents of construction stormwater pollution prevention plan.

Contents of a construction stormwater pollution prevention plan shall be consistent with the requirements and examples cited in this chapter, the manual, NPDES Phase II permit Appendix 1, and Chapters 2 and 5 of the Sumner Development Specifications and Standard Details including required written descriptions and calculations. Erosion and sediment control BMPs shall be designed/prepared and stamped by a civil engineer licensed to practice in the state of Washington. The required contents of geotechnical engineering reports shall be established on a project-by-project basis. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.410 TESC approval duration.

A. TESC approval will remain in effect through the duration of the permit it is associated with or until, per the discretion of the city engineer or his or her designee, modification is necessary. Permit extension shall be required if the project is not completed within the time limit specified on the permit. Applicant shall be required to pay permit fees associated with TESC approval as specified in chapter 15.74 SMC prior to the city issuing a permit extension.

B. If a permit extension is granted by the city, the permittee shall implement any additional TESC measures as required by the city as part of the conditions for granting the time extension. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.420 Permit modifications.

Modifications to the provisions of an approved permit requiring TESC approval must be submitted to the city and reviewed by the city engineer or his or her designee for compliance with this chapter. Substantial modifications, as determined by the city engineer or his or her designee, shall require additional permit fees and modification of the approved permit. Minor modifications can be approved by a letter of modification from the city engineer or his or her designee. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.430 Display of approved permits.

Approved permits shall be prominently displayed on the subject property at all times during the construction or other activity until completion of the construction or other activity, and the final inspection by the city engineer or his or her designee has taken place. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.440 Bond required – Erosion and sediment control.

Prior to approval of all city permits requiring TESC approval, and as a condition of the permit approval, the applicant shall post and maintain an erosion and sediment control bond or an assignment of funds in lieu of bond. The erosion and sediment control bond shall be effective throughout the duration of the project and final project site stabilization, as determined by the city engineer or his or her designee, and shall be released after the completion of the final inspection and project approval by the city engineer or his or her designee. The erosion and sediment control bond shall provide sufficient funds to pay for damages due to design defects and/or failures in workmanship of sedimentation ponds or construction drainage BMPs and to guarantee repair of damages resulting from failure to provide adequate erosion and sediment controls. The bond shall be at least equal to 100 percent of the total estimated construction cost of implementing the construction stormwater pollution prevention plan or $15,000, whichever is greater. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.450 Minimum requirements.

A. At a minimum, land-disturbing activities regulated by and defined in this chapter shall comply with the standards and criteria contained in Volumes I, II, and III of the manual, the provisions contained in this chapter, the NPDES Phase II permit, and Sumner Development Specifications and Standard Details. When standards are in conflict, the most stringent provisions shall apply.

B. TESC stormwater management facilities shall be selected, designed, constructed, operated, and maintained in accordance with the standards adopted in SMC 13.48.030. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.451)

13.48.460 Clearing.

In addition to the manual standards and NPDES Phase II permit requirements, all clearing activities regulated by and defined in this chapter shall conform to the following standards:

A. The project shall be designed to minimize clearing.

B. All clearing limits shall be delineated and clearly flagged in the field prior to the commencement of any clearing or other construction.

C. From October 1st through April 30th, additional erosion and sediment control measures shall be implemented in accordance with the manual or as directed by the city engineer or his or her designee. Wet season erosion and sediment control measures shall be shown on the plans for projects regulated under this chapter that include construction activities between October 1st and April 30th.

D. Erosion and sediment controls consistent with the manual shall be used on the subject property and shall be installed prior to the commencement of any clearing, grading, or other construction.

E. The subject property shall be limited to one construction entrance for clearing and grading operations, if possible, which shall be protected to prevent severe disturbance of soils around the entrance and to prevent sediment transport onto paved surfaces.

F. Temporary erosion and sediment controls shall be maintained by the applicant so that design performance is ensured throughout the duration of construction.

G. Permanent erosion and sediment controls must be established and be in operation as designed within 30 days of the completion of construction.

H. Temporary erosion and sediment controls shall be removed from the subject property within 30 days after permanent stabilization is achieved. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.452)

13.48.470 Grading.

In addition to the clearing requirements of SMC 13.48.460 and the minimum requirements of SMC 13.48.450, grading activities regulated by this chapter shall conform to the following standards:

A. The project shall be designed to minimize changes in grade, cleared areas, and volumes of excavation or fill.

B. The maximum gradient on any artificial slope shall be two feet of horizontal run to one foot of vertical fall and shall be constructed so that erosion is minimized.

C. The applicant shall at all times protect adjacent private properties and public rights-of-way or easements from damage during grading operations. The applicant shall restore public and private property damaged by the project operations to conditions existing at the time of the issuance of the permit. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.453)

13.48.480 Drainage.

All clearing and grading activities in addition to the requirements of SMC 13.48.460 and 13.48.470 shall make provisions for drainage during construction pursuant to the following requirements and those set forth in the manual and the NPDES Phase II permit:

A. Drainage facilities for the conveyance of runoff during construction shall be designed to discharge runoff in a natural and safe location.

B. Downstream properties shall be protected from erosion and flooding due to increases in volumes or rates of runoff due to the activities on the subject property. Conveyance structures, sedimentation basins, traps, and temporary flow control BMPs shall be designed and constructed in accordance with the manual and the NPDES Phase II permit requirements.

C. All runoff from the subject property shall pass through sediment control BMPs as detailed in the manual before leaving the subject property. The applicant shall be responsible for preventing erosion and discharge of sediment and other pollutants into receiving waters. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.454)

13.48.490 Controls for other activities.

If greater than 50 cubic yards of any material defined in subsection A of this section is used in any of the activities defined in subsection B of this section, then erosion and sediment controls shall be required. This standard is applicable to both existing and proposed activities with the usages defined in subsection B of this section, regardless of having to obtain permits or approvals under this chapter. The applicable materials and activities are:

A. Material: topsoil, crushed rock, gravel, saw dust, mulch, bark, wood chips, or similar materials.

B. Activity: stockpiling, open storage, broadcasting, or spreading of the materials defined in subsection A of this section.

The amount and type of erosion and sediment controls for these usages shall be approved by the city engineer or his or her designee on an individual basis. At a minimum, these usages shall have properly installed and maintained silt fences or similar protection BMPs around the perimeter of the activity, materials to cover or otherwise stabilize exposed stockpiles, and extra materials/BMPs for wet season application. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.455)

13.48.495 Additional requirements.

The city engineer or his or her designee may require erosion and sediment controls in addition to those specifically stated in this chapter or in the manual if, in the judgment of the city engineer or his or her designee, the existing temporary or permanent controls are not sufficiently minimizing erosion and sedimentation of waterways. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.48.456)

Article V. Stormwater Management Criteria

13.48.500 Minimum control requirements.

A. Stormwater controls for temporary or permanent conditions shall be determined based on the proposed activities, project schedule, and project phasing.

B. Stormwater controls shall be determined based on meeting the applicable minimum requirements defined in SMC 13.48.200.

C. Stormwater controls shall be documented in the stormwater site plan prepared for the permit application unless the project is exempt from a stormwater site plan or a waiver or variance is granted by the city in accordance with SMC 13.48.050, 13.48.060 or 13.48.070. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.510 Water quality.

A. It shall be unlawful for any individual, firm, or corporation to throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal storm drain system and/or surface and ground waters any materials other than stormwater.

B. Products of erosion shall be prevented from entering the public drainage system at all times, both during construction on the property and the subsequent operation of the facilities. All trash and debris shall be prohibited from entering the drainage system at any point within the property.

C. Discharges from commercial or industrial vehicle washing facilities within the sanitary sewer service area shall discharge to the sanitary sewer following pretreatment for removal of large solids, oil, and grease. Washing areas shall be covered, sloped, or curbed to minimize entry of uncontaminated stormwater into the sanitary sewer system. Wash water containing nonbiodegradable detergents, degreasers, or other cleaning compounds shall not be discharged to any surface water or watercourses, either directly or via the storm sewer system.

1. In areas outside of the sanitary sewer service area, whenever feasible, vehicle wash systems shall be closed systems with recycling of wash water, and with treatment which includes oil/water separation followed by disposal of any sludge or sediment.

D. Whenever a known discharge of any potentially deleterious material shall occur, the responsible party shall immediately notify the city of the existence of such discharge and the location thereof.

1. The notification required by this section in Sumner shall be given by telephoning the city’s public works department during normal business hours, or the Sumner police department after normal business hours, or other such emergency number as may be designated.

2. The requirements of this chapter shall not be construed to forbid the responsible party from using all diligence necessary to control such discharge prior to notification, especially if such efforts may result in the control or containment of the discharge or abatement of hazards or adverse impact.

3. No statement contained in this chapter shall be construed to exempt or release any person from any other notification or reporting procedure required by the state of Washington or any federal agency. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.520 Stormwater management measures.

A. Stormwater management measures shall be required to satisfy the minimum control requirements. The stormwater management practices to be utilized in developing a stormwater site plan shall be according to the following order of preference:

1. LID practices;

2. Stormwater retention facilities;

3. Stormwater detention facilities.

B. LID practices that are proposed for the project shall be documented in the stormwater site plan. If LID practices are not technically feasible, as determined by the engineer of record and concurred by the city engineer or his or her designee, the stormwater site plan shall document the technical limitations that preclude the use of LID practices.

C. The city engineer or his or her designee shall have final approval on the technical design factors that preclude the use of LID practices. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.530 Specific design criteria.

A. Stormwater management measures shall be designed and constructed in accordance with the standards and specifications as set forth in the manual and the Sumner Development Specifications and Standard Details.

B. Design standards and specifications required by any applicable special district shall be used if such standards and specifications provide greater protection of public health, resources, and property.

C. Open water quality treatment facilities that rely on retaining a permanent volume of water, such as wet ponds or combined detention and wet ponds, are prohibited from new construction. Open water quality facilities are also prohibited on redevelopment projects that require new or modified water quality treatment for previously constructed impervious surfaces or previously disturbed pervious surfaces. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.540 Basin plans.

Where individual basin plans developed by the city or other agencies specify stormwater design criteria differing from those attached herein, the requirements of the basin plan shall govern; provided, that the basin plan has been approved by Ecology and adopted by local ordinance. Additional requirements regarding the applicability of basin plans can be viewed in the NPDES Phase II permit, Appendix 1, Section 7. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.550 Oversizing.

When it is deemed necessary by the city, as a condition of development for the applicant, to install conveyance lines larger than required to serve adjacent properties, such development may be eligible for reimbursement through a latecomer agreement as stated in SMC 13.48.335. The storm drainage utility may participate in the cost to construct said oversizing upon council approval. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

Article VI. Inspection

13.48.600 Inspection schedule and reports.

A. Prior to approval of a stormwater site plan, the applicant shall submit to the city a proposed inspection and construction schedule. The city engineer or his or her designee shall conduct inspections and file reports for periodic inspections necessary during construction of stormwater management systems to ensure compliance with the approved plans.

B. No work shall proceed until the city inspects and approves the work previously completed and furnishes the applicant with the results of the inspection reports as soon as possible after completion of each required inspection.

C. Any portion of the work which does not comply shall be promptly corrected by the applicant, after notice from the city. The notice shall set forth the nature of corrections required and the time within which corrections will be made.

D. The applicant shall notify the city before commencing any work in conjunction with the stormwater site plan. The applicant shall notify the city in writing when the project is ready for final inspection.

E. Inspection requirements are specified in Chapters 2 and 5 of the Sumner Development Specifications and Standard Details. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.610 TESC inspection requirements and schedules.

Inspections shall be conducted as specified in Sumner Development Specifications and Standard Details, Chapter 2, Section 2.5. It is the responsibility of the applicant or his/her assignee to notify the city permit center at the completion of the specified phases of work for inspections and for scheduling of future inspections. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.620 Routine and unscheduled inspections.

Unscheduled inspections may be made by the city engineer or his or her designee in addition to routine scheduled inspections to enforce any of the provisions of this chapter, or wherever the city engineer or his or her designee has reasonable cause to believe that violations of this chapter are present or operating on a property or portions thereof. The city engineer or his or her designee may enter such premises at all reasonable times for the purposes of inspection or to perform any duty imposed by this chapter; provided, that if such premises or portion thereof is occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry. The city engineer or his or her designee may charge fees for such unscheduled inspections pursuant to SMC 13.48.325 and as set by the city council in the Sumner utility rate and fee schedule. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

Article VII. Maintenance

13.48.700 Maintenance agreement.

A. Prior to the issuance of any permit for which a stormwater site plan is required, the city shall require the applicant or owner to execute an “Agreement to Maintain Stormwater Facilities and to Implement a Pollution Source Control Plan” for privately owned stormwater facilities or an “Agreement to Maintain Stormwater Facilities – Two (2) Year Warranty and Satisfactory Maintenance Period” for publicly owned stormwater facilities.

B. The “Agreement to Maintain Stormwater Facilities and to Implement a Pollution Source Control Plan” for privately owned stormwater facilities shall be recorded by the city with the Pierce County auditor. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.710 Maintenance responsibility.

A. The owner of the property on which work has been done pursuant to these regulations for private storm drainage systems, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restorations and maintenance shall be in accordance with approved plans.

B. An operation and maintenance schedule shall be developed for any storm drainage system and shall state the required maintenance to be performed, the equipment and skill level necessary to perform the maintenance, and the required frequency of maintenance. The operation and maintenance schedule shall either be printed on the stormwater site plan or submitted under separate cover. The operation and maintenance schedule shall comply with the agreement to maintain stormwater facilities.

C. The maintenance and operation of a private storm drainage system shall be the responsibility of the property owner. Furthermore, the property owner shall, in accordance with the operation and maintenance schedule, record and log maintenance performed and date. Operation and maintenance records shall be retained by the property owner for a minimum of three years and shall be available to the city for inspection at all reasonable times. The property owner shall be required to submit an annual report to the city by May 15th of each year. Required elements to be included in the annual report are specified in Sumner Development Specifications and Standard Details, Chapter 5.

D. The city will be responsible for the maintenance and operation of all public storm drainage facilities located within public easements and rights-of-way following the completion of the successful maintenance period and the acceptance of such facilities by the city. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.720 Ownership and maintenance requirements – Generally.

In general, stormwater facilities serving single-family residential developments will be owned and maintained by the city and stormwater facilities serving multifamily residential, commercial, and industrial developments will be privately owned and maintained. Maintenance required for private stormwater drainage systems and public stormwater drainage systems is as set forth in Sumner Development Specifications and Standard Details, Chapter 5. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.730 Bond required – Stormwater maintenance and defect.

After satisfactory completion of the facilities and prior to release of the stormwater facilities bond by the city, the applicant shall commence a two-year period of satisfaction maintenance of the storm drainage system. A cash or surety bond to be used at the discretion of the public works department to correct design and/or workmanship defects and maintenance deficiencies affecting public health, safety, and welfare must be posted and maintained throughout the two-year maintenance period. The amount of the bond shall be 20 percent of the actual construction cost of the storm drainage system. Stormwater maintenance and defect bonds shall be required for both public and private stormwater facilities. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

Article VIII. System Protection

13.48.800 Facilities damage prohibited.

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the public storm drainage system. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.810 Trespassing prohibited.

It is unlawful for any person to trespass or be upon the lands and premises of the city upon which any public storm drainage facility is situated unless duly authorized by the city. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.820 Illicit discharges and connection.

A. Illicit discharges and connections to stormwater drainage systems are prohibited. Sites are subject to inspection for illicit discharges in accordance with this chapter. Prohibited discharges to any public or private stormwater facility that discharges to waters of the state are identified in Sumner Development Specifications and Standard Details.

B. Any illicit discharges now existing or hereafter installed are a violation of the NPDES Phase II permit and shall be abated immediately. If, after notification in accordance with this chapter, the property owner does not abate the illicit discharge as directed by the city, then the city shall have the authority to abate such discharges and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien.

C. The illicit discharge detection and elimination program will be implemented in accordance with the city’s stormwater comprehensive plan and stormwater management plan developed in accordance with the NPDES Phase II permit.

D. Whenever implementing the provisions of the illicit discharge detection and elimination program or whenever there is cause to believe that a violation of this chapter has been or is being committed through illicit discharge or other means, the city is authorized to inspect during regular working hours and at other reasonable times all public or private stormwater drainage systems within the city to determine compliance with the provisions of this chapter.

E. Prior to making any inspections, the city’s 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. The city may inspect the stormwater drainage system without consent if:

a. The inspection can be conducted while remaining on public property or on other property for which permission to enter is obtained; or

b. A warrant has been lawfully issued.

F. Illicit discharges shall be corrected in accordance with the provisions of this chapter.

G. Penalties for not complying with illicit discharge enforcement actions shall be assessed in accordance with the provisions of this chapter. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.830 Enforcement.

A. 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. Voluntary Compliance Agreement.

1. Initiation. Either a responsible party or the city may initiate negotiations for a voluntary compliance agreement at any time. The city has no obligation to enter into any voluntary compliance agreement.

2. Contents. A voluntary compliance agreement shall set forth actions to be taken by the responsible party that will correct past or existing violations of this chapter. It may also set forth actions to mitigate the impacts of violations. However, it must set forth a schedule for completion of the corrective and/or mitigating actions. It shall also contain a provision authorizing the city to inspect the premises to ascertain compliance with the agreement.

3. Effect of Agreement.

a. A voluntary compliance agreement is a binding contract between the party executing it and the city. It is not enforceable by a third party. All voluntary compliance agreements shall provide that, in the event the responsible party fails to perform in accordance with the terms and schedule set forth in the agreement, the city may perform the actions necessary to correct or mitigate any adverse impacts and the responsible party will pay the costs, expenses and damages the city incurs in performing the necessary actions. By entering into such agreement, the responsible party waives the right to an administrative appeal of the violation.

b. Penalties may be reduced or waived if violations are corrected or mitigated according to the terms and schedule of a voluntary compliance agreement. If the responsible party fails to perform according to the terms and schedule of the agreement, penalties for each violation addressed in the agreement may be assessed starting from the date the violation occurred.

4. The terms and schedule of the voluntary compliance agreement may be modified by mutual agreement of the parties.

C. If a voluntary compliance agreement is not entered into, the city shall have the authority to issue an order to an owner or responsible party to abate the illicit discharge, maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, city regulations, the Ecology manual, and/or the LID manual. The order shall include:

1. A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur;

2. A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and

3. A reasonable time to comply, depending on the circumstances.

D. If the voluntary compliance agreement or enforcement order is not adhered to, the city may provide such actions as needed to repair, restore or maintain the stormwater system. If at any time the city determines that the existing system creates any imminent threat to public health or welfare, the city may take immediate measures to remedy said threat. Under such circumstances no notice to the owner of the facility shall be required.

E. The owner of the facility shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the city within 30 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the city will be borne by the parties responsible for said reimbursements.

F. In the event the owner of the property fails to pay the city within 30 days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the premises and will be filed with the county auditor within 90 days from the date of the completion of the work. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the state of Washington. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.840 Compromise settlement and disposition of suits.

The city engineer and the city attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise, or otherwise dispose of a lawsuit when to do so will be in the best interest to the city; provided, that a report shall be submitted to the city council in any instance when a compromise settlement is negotiated. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.850 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)

13.48.860 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 2356 § 11 (part), 2011: Ord. 2316 § 1 (part), 2010)