Chapter 12.04 STANDARD SPECIFICATIONS FOR ROADS AND DRAINAGE IN NEW PUBLIC WORKS CONSTRUCTION

The purpose of this chapter is to insure the public’s health, safety, and welfare are met by uniform construction and development regulations within the city limits of Deer Park. (Ord. 756 § 1, 2001)

12.04.020 Preparation and administration of standards.

The community services director is authorized and directed to prepare, revise, and administer standards describing proper controls for road construction, access to, or drainage for building sites in conformance with these regulations. The city by reference adopts the “Standard Specifications for Municipal Works Construction” as prepared by the Washington State Chapter of American Public Works Association, the “City of Deer Park, Streets and Rights-of-Way Construction Standards and Water Utility Construction Standards,” the “Spokane County Road and Sewer Construction Standards” and the “Spokane County Guidelines for Stormwater Management,” as now enacted or hereafter amended, and are considered included as a part of this chapter. (Ord. 756 § 1, 2001)

12.04.030 Submission of plans.

Any person, including political subdivisions, government agencies or special districts applying for permits and/or final approvals shall upon recommendation of the community services director, submit for approval plans, in conformance with these standards, for proper road, approach and drainage with their applications. Actions requiring road, approach, and/or drainage plans include, but are not limited to:

A. Preliminary and final subdivision approval;

B. Preliminary and final short plat approval;

C. Preliminary and final planned unit developments;

D. Preliminary and final zone changes;

E. Preliminary and final requests for annexation;

F. Building permits for new construction, with identified roadway or storm drainage improvements. (Ord. 756 § 1, 2001)

12.04.040 Fees for inspection and plan review.

The community services director is authorized to collect a fee for plan review of development proposals listed in DPMC 12.04.030 and an inspection fee for review of the work done in the field in conjunction with such proposals. The fee for plan review is based on the hourly rate charged to the city by the city’s consultant engineer for inspection services. Fees for inspection services are based on the hourly rates charged to the city by licensed inspectors, or the rate of pay for inspection by city staff. (Ord. 756 § 1, 2001)

12.04.050 Surety or bond.

The community services director is authorized to require the posting of a surety or bond to guarantee performance of conditions imposed on actions enumerated in DPMC 12.04.030(A) through (F). The community services director is also authorized to require the posting of a surety or bond to warranty the quality of workmanship and materials in all road, approach or drainage facility construction required by this chapter. (Ord. 756 § 1, 2001)

12.04.060 Responsibility for plan and construction conformance.

The responsibility for preparing plans for and constructing roads, accesses and drainage facilities in conformance with these regulations, and the therein authorized adopted standards lies with the project sponsor in the case of land subdivision activity and the builder in the case of construction. Where applicable by these requirements, the maintenance of such facilities shall be the responsibility of the sponsor or builder. When plans are required they shall be prepared by a civil engineer registered by the state of Washington. During the period of construction the builder and, where applicable during the period of maintenance, the sponsor, shall maintain a liability policy which protects the city from any liability for any accident, negligence, failure or any other liability whatsoever relating to the facility. (Ord. 756 § 1, 2001)

12.04.070 Compliance.

All governmental entities and special purpose districts shall be required to comply with the terms of this chapter when developing and/or improving land including, but not limited to, construction of new roads, within incorporated areas of the city. (Ord. 756 § 1, 2001)

12.04.080 Permits required.

A. Construction work under any of the applications listed under DPMC 12.04.030 shall not begin until such time as final plans have been approved and permits obtained as provided in this chapter. The following permits are required for all actions listed in DPMC 12.04.030:

1. A permit to perform work on city road rights-of-way, hereinafter called a “construction permit,” is required for construction of roads or other facilities within the existing or proposed public rights-of-way. Application for a construction permit to do work within city road rights-of-way shall be made on forms furnished by the city.

2. A “development and/or approach permit” is required before:

a. Issuance of a building permit as outlined in DPMC 12.04.030; or

b. Construction of a city road approach for any other action established in DPMC 12.04.030.

B. Application for a development and/or approach permit shall be made on forms furnished by the city and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Elevation in relation to the city road of the lowest floor (including basement and garage) of all structures;

2. Existing city road cross-section extended to and distance from the city road centerline to the structure (garage, where applicable);

3. Plan and profile of any existing or proposed modifications of storm drainage facilities on the property or in the city road right-of-way.

C. The community services director shall review all applications for construction permits and development and/or approach permits to:

1. Determine that the permit requirements of this chapter have been satisfied;

2. Impose conditions in conjunction with the approval of the permits necessary to insure compliance with the purposes and provisions of this chapter, and insure the public health, safety, and welfare and/or provide minor deviations to standards where conditions warrant;

3. Determine if the proposed development and/ or approach is subject to flooding. If subject to flooding, assure that the provisions of DPMC 12.04.170 through 12.04.230 are met. (Ord. 756 § 1, 2001)

12.04.090 Roads – Permit required.

No person shall construct a road or other facilities within the existing proposed, or future public right-of-way, or the private road easement in connection with the actions enumerated in DPMC 12.04.030 without first having received a permit as specified in DPMC 12.04.080(A) for such facilities from the city. (Ord. 756 § 1, 2001)

12.04.100 Roads – Authority to develop and administer standards.

The community services director is authorized and directed to develop standards for building roads within the city and to administer the same. As a minimum, such standards shall include:

A. Drawings showing typical roadway sections.

B. Horizontal and vertical alignment requirements.

C. Specifications for roadway design and pavement type.

D. Specifications for safety features, traffic control, sidewalks, and other appurtenances.

E. Drainage control requirements.

F. Private road requirements. (Ord. 931 § 1, 2013: Ord. 756 § 1, 2001)

12.04.110 Roads – Adoption of standards.

Details of these design criteria and standards shall be printed as “City of Deer Park, Streets/Right-of-Way Construction Standards” and “Spokane County Road Standards,” and adopted by the city council concurrently with this chapter and hereafter are to be made available to the public. (Ord. 756 § 1, 2001)

12.04.120 Approach – Permit required.

No person shall construct an approach to a city street without first having received a permit as specified in DPMC 12.04.080 for such approach from the city. (Ord. 756 § 1, 2001)

12.04.130 Approach – Authority to develop and administer standards.

The community services director is authorized and directed to develop standards for constructing approaches to city streets and to administer the same. As a minimum, such standards shall include:

A. Drawings showing typical sections;

B. The width and number of approaches for building sites by type of use;

C. Horizontal and vertical alignment requirements;

D. Standards for drainage control at approaches. (Ord. 756 § 1, 2001)

12.04.140 Approach – Adoption of standards.

Details of these design criteria and standards shall be printed as “City of Deer Park Streets/Right-of-Way Construction Standards” and “Spokane County Road Standards,” and adopted by the city council concurrently with this chapter and hereafter are to be made available to the public. (Ord. 756 § 1, 2001)

12.04.150 Approach – Denial.

The community services director is authorized to deny an approach to a city street when the location of the approach is deemed hazardous to public health, safety, and welfare. (Ord. 756 § 1, 2001)

12.04.160 Drainage – Approval by city.

Before a development and/or approach permit is issued, as specified in DPMC 12.04.080, or approval is granted for those actions outlined in DPMC 12.04.030, drainage controls in accordance with DPMC 12.04.170 through 12.04.220 shall be submitted to and approved by the city. (Ord. 756 § 1, 2001)

12.04.170 Drainage – Authority to develop and administer standards.

The community services director shall develop and administer standards for drainage controls that as a minimum provide:

A. Preservation and protection from blockage of natural or prior existing drainage ways and facilities; and

B. Reasonable assurance that the site and buildings thereon will be protected from damage due to drainage waters; and

C. Conformance with National Flood Insurance Program, resource lands and critical areas regulations in Chapter 18.70 DPMC; and

D. Reasonable assurance that properties up and downstream from the site being developed are protected from drainage damage resulting from site development; and

E. Design criteria and construction standards for drainage facilities; and

F. Quantity and quality standards for drainage water; and

G. Preservation and protection of surface water, pursuant to RCW 56.08.013. (Ord. 756 § 1, 2001)

12.04.180 Drainage – Adoption of standards.

Details of these design criteria and standards shall be printed as “Guidelines for Stormwater Management” as published by Spokane County Engineers and adopted by the city council concurrently with this chapter and hereafter are to be made available to the public. (Ord. 756 § 1, 2001)

12.04.190 Erosion and sediment control.

The requirements and performance standards of this chapter are intended to control soil erosion and sedimentation through the use of temporary and permanent erosion and sediment control practices. The purpose of the requirements is to allow flexibility in choice of erosion and sediment control methods through the requirement of applicants to prepare an erosion and sediment control (ESC) plan that meets the specific needs of each site and employs appropriate measures to meet the performance standards for erosion and sediment control.

A. Purpose and Intent.

1. Protect and prevent damage to the city and Spokane County’s stormwater management infrastructure;

2. Minimize erosion and sedimentation, and the impact of increased runoff, onto private property, public roads and rights-of-way, and water bodies caused by land-disturbing activities; and

3. Protect the health, safety and welfare of the general public and shall not be construed to establish any duties to protect or benefit any particular person or class of persons.

B. General Provisions.

1. Administration. The community services director is responsible for interpretation, administration and enforcement of requirements of this chapter.

2. Applicability. This chapter applies to all major land-disturbing activities, and all minor land-disturbing activities for which a permit is required by city ordinances, within the incorporated boundaries of the city of Deer Park, unless exempted in this chapter.

3. Exemptions. The provisions of this chapter do not apply to the following:

a. Commercial agriculture as regulated under RCW 84.34.020;

b. Forest practices regulated under WAC Title 222, except for Class IV General forest practices that are conversions from timber land to other uses;

c. Actions by a public utility or any other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic; provided, the public utility or agency cleans and/or removes any erosion and sedimentation after the emergency condition is alleviated, utility service restored or thoroughfare reopened, pursuant to the performance standards in subsection (E)(2) of this section;

d. Issuance of permits and/or approvals for land divisions, interior improvements to an existing structure, or other approvals for which there is no physical disturbance to the surface of land;

e. Minor land-disturbing activities which do not require a permit under city ordinances.

4. ESC Best Management Practices (BMPs). ESC BMPs should be used to comply with the requirements in this chapter.

5. Interpretation. The provisions of this chapter will be held to be minimum requirements in their interpretation and application.

6. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions for erosion and sediment control, the provisions of this chapter will prevail.

7. Severability. If any provision of this chapter or its application to any person, entity, or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons, entities, or circumstances shall not be affected.

C. Definitions.

1. “Best management practices (BMPs)” means physical, structural, and/or managerial practices that, when used singularly or in combination, have been shown to prevent or reduce erosion and sediment transport.

2. “Class IV General forest practices” are defined as forest practices other than those contained in Class I or II:

a. On lands platted after January 1, 1960;

b. On lands being converted to another use;

c. On lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development; and/or

d. Which have a potential for substantial impact on the environment and therefore require an evaluation by the city as to whether or not a detailed statement must be prepared pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, as amended.

3. “Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of ditches, canals or drainage ditches related to an existing and ongoing agricultural activity.

4. “Earthen material” means any rock, natural soil or fill and/or an combination thereof.

5. “Erosion” is the wearing away of the land surface by running water, wind, ice, or other geological agents including such processes as gravitational creep, detachment and movement of soil or rock fragments by water, wind, ice or gravity.

6. “Land-disturbing activities” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling, logging and excavation.

7. “Minor land-disturbing activity” means a land-disturbing activity of less than one acre of disturbed area; an individual, detached, single-family residence or duplex; or the creation or addition of impervious surface areas greater than or equal to 10,000 square feet.

8. “Permanent erosion and sediment control measures” are erosion and sediment control devices that replace any temporary devices and provide for long-term, permanent stabilization of a site.

9. “Sediment” means earthen material moved by wind, water, ice and tracking.

10. “Sedimentation” means the gravitational deposit of transported material in flowing or standing water.

11. “Site” means the piece of property which is directly subject to land-disturbing activities.

12. “Soil” means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of plants.

13. “Stormwater” means that portion of precipitation or snow melt that has not naturally percolated into the ground or evaporated, but is flowing via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed detention and/or infiltration facility.

14. “Temporary erosion and sediment control measures” means erosion and sediment control devices used to provide temporary stabilization of a site, usually during construction or land-disturbing activities, before permanent devices are installed.

15. “Tracking” means the deposit of sediment on to paved surfaces from the wheels of vehicles.

16. “Water body” shall include those water bodies that are defined as surface waters of the state or waters defined as waters of the state under RCW 90.48.020, as amended.

17. “Wetland” or “wetlands” means those areas in the city or county that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

D. Erosion and Sediment Control Plans.

1. Submittal of Plans. An ESC plan is required for major land-disturbing activities that require a permit or plan acceptance by the city. An ESC plan is not required for minor land-disturbing activities. An ESC plan, when required, shall be submitted with a permit application prior to any land-disturbing activity. ESC plans are only required to address the areas of land that is subject to the land-disturbing activity for which a permit is being requested. Although others may prepare the ESC plan, the permit applicant is responsible for ensuring that all requirements are addressed in the ESC plan. The ESC plan is required to be on file at the city, although it will not be reviewed or approved by the city.

2. Content of Plans. At a minimum, all ESC plans must be legible, reproducible, and contain the following information:

a. Title block;

b. Name of property owner;

c. Name of permit applicant;

d. Name of contact person at project site;

e. Project address;

f. Legal description;

g. Name of person preparing plan;

h. Professional seal (required for major land-disturbing ESC plans);

i. Description of project;

j. Description of ESC measures;

k. Description of existing vegetation on the site;

l. Location of any existing water bodies;

m. Date plan was prepared;

n. Scale of drawing;

o. North arrow;

p. Property boundary and dimensions;

q. Vicinity map;

r. List of soils on-site obtained from the county soil conservation district;

s. Certification statement by the person preparing the plans that the plan meets the ESC plans requirements as listed in Chapter 4.5 of the Guidelines for Stormwater Management.

3. ESC Requirements for Minor Land-Disturbing Activities. Though an ESC plan is not required to be submitted for minor land-disturbing activities for which a permit is required, the performance standards and other provisions of this section shall remain in effect. The provisions of this section shall not govern minor land-disturbing activities for which no permit is required. However, individuals/property owners undertaking minor land-disturbing activities for which a permit is not required may desire to ensure that such activity protects adjacent and surrounding private properties.

4. ESC Plan Requirements for Major Land-Disturbing Activities. All ESC plans for major land-disturbing activities shall be prepared and have a seal affixed by either a licensed professional engineer (PE) or licensed landscape architect (LA). Both the professional engineer and the landscape architect must be licensed in the state of Washington and be knowledgeable in both hydrology and ESC practices. The following 15 items shall be addressed in the ESC plans for major land-disturbing activities. Special site conditions may include, but are not limited to, steep slopes, slope length, soil type, or vegetative cover.

a. Construction Access Route. Access for construction vehicles should be limited to one route whenever possible. The access route must be stabilized to minimize the tracking of sediment onto public roads.

b. Stabilization of Denuded Areas. Stabilization of all exposed soils to prevent soils from eroding and depositing sediment downstream.

c. Protection of Adjacent Properties/ Water Bodies, Public and Private Roads. Protection of adjacent properties, water bodies, public and private roads from erosion and sediment deposition. The intent is to keep sediment on the project site and not allow it to reach adjacent properties, water bodies, and public and private roads.

d. Protection of Inlets. Protection of downstream inlets to drywells, catch basins and other stormwater management facilities.

e. Increased Runoff from Construction Sites. Consideration and mitigation of the effects and impacts of increased and concentrated runoff from land-disturbing activities on downstream properties, water bodies, and public and private roads.

f. Washout Sites for Concrete Trucks and Equipment. Designate the location of a slurry pit where concrete trucks and equipment can be washed out. Slurry pits shall not be located in a swale, drainage area, stormwater facility, or water body nor in an area where a stormwater facility is proposed.

g. Material Storage/Stockpile. Identify location for storage/stockpile areas, within the proposed ESC plan boundaries, for any soil, earthen and landscape material which is used or will be used on-site.

h. Maintenance and Permanent Installation. Maintenance of all erosion and sediment control is required during the land-disturbing activity. Regular inspection and maintenance of all erosion and sediment control is required to ensure successful performance of the facility.

i. Clearing Limits Delineation. Field identification and delineation of all clearing limits, sensitive/critical areas, buffers, trees to be preserved, and drainage courses.

j. Sediment Trapping Measures. Design and construction of sediment ponds and traps, perimeter dikes, sediment barriers, and other on-site sediment trapping measures as necessary prior to the start of other land-disturbing activities.

k. Cut and Fill Slopes. Design and construction of cut and fill slopes in a manner that will minimize erosion.

l. Stabilization of Temporary Conveyance Channels and Outlets. Design, construction, and stabilization of all temporary on-site conveyance channels to prevent erosion from the velocity of runoff from storms under developed conditions. Design, construction, and stabilization of all temporary conveyance system outlets to prevent erosion of stormwater facilities, adjacent stream banks, slopes and downstream reaches.

m. Removal of Temporary Controls. Removal of all temporary sediment control shall be completed within 30 days after final site stabilization or after the temporary controls are no longer needed. Trapped sediment shall be removed from the project site or stabilized on-site.

n. Dewatering Construction Site. Discharge of dewatering devices to appropriately designed sediment traps or sediment ponds.

o. Control of Pollutants Other than Sediment on Construction Sites. Control of all on-site pollutants other than sediment in a manner that does not cause contamination or stormwater or groundwater.

5. Modifications to Plans. ESC plans may be modified after submittal to the city. An amended plan should be submitted to illustrate any modifications to the techniques and methods used to prevent and control erosion and sedimentation.

E. Maintenance, Performance Standards, and Enforcement.

1. Maintenance Responsibility. During any land-disturbing activity subject to this chapter, the property owner(s) or permit applicant, if different from the property owner(s), engaged in the land-disturbing activity is responsible for preventing erosion and sedimentation through the use of BMPs. The property owner(s) or permit applicant, if different from the property owner(s), is subject to the enforcement and penalty provisions provided herein, and it is their responsibility to ensure BMPs are used and the performance standards are met. After any land-disturbing activity is completed and the site has been permanently stabilized, maintenance and the prevention of erosion and sedimentation is the responsibility of the property owner.

2. Performance Standards. The performance standards set forth below are intended to provide a minimum threshold for controlling soil erosion and sedimentation caused by land-disturbing activities and will be used to determine if the requirements of this chapter have been met.

a. Minimize Tracking onto Public, Private, and Future Public Roads. The performance standard for minimizing tracking onto public, private, or future public roads has not been met if soil, dirt, mud or debris is tracked onto a public, private, or future public road and there is no evidence of reasonably trying to control it through the use of sweeping or other means.

b. Protection of Public Roads and Stormwater Facilities. The performance standard for protecting public roads and stormwater facilities has not been met if there is deposition, other than tracking, of more than two gallons (0.27 cubic feet) per day of soil, dirt, mud or debris from the project site onto adjacent public roads and/or a stormwater system within a public right-of-way.

c. Proper Washout of Concrete Trucks and Equipment. The performance standard for ensuring the proper washout of concrete trucks and equipment has not been met if there is observation or evidence of concrete washout material within a drainage area, stormwater facility, or water body, nor in an area where a stormwater facility is proposed.

d. Protection of Private Properties. The city of Deer Park does not have sufficient resources to enforce the provisions of this section for violations that affect private properties. Therefore, no performance standards have been established with respect to the deposit of soil, dirt, mud or debris from a project site onto adjacent private property. Private property owners, however, may have the ability to seek judicial redress for such actions.

e. Protection of Water Bodies and Wetlands. The performance standard for protection of water bodies has not been met if there is deposition of soil, dirt, mud, or debris from the project site onto adjacent water bodies.

3. Enforcement.

a. General. Enforcement and penalties will be in accordance with this section whenever there is a violation of the project’s erosion and sediment control plan or any performance standard(s) contained herein, as they relate to public facilities. Failure to submit an erosion and sediment control plan will result in nonissuance of the underlying permit. The maintenance superintendent has the authority to assess penalties only related to public facilities including but not limited to, swales, drainage areas, or stormwater facilities. Violations related to private property are a civil matter and are not enforceable by the city of Deer Park.

b. Notice of Noncompliance. The maintenance superintendent will have the authority to issue a notice of noncompliance and penalty to the property owner(s), or permit applicant if different than the property owner(s), engaged in the land-disturbing activity, if an action is being undertaken that does not comply with all performance standard(s) of this chapter.

c. Content of notice of noncompliance will contain:

i. The name and address of the property owner(s) or permit applicant to whom the notice of noncompliance is directed;

ii. The street address, when available, or a general description of the building, lot, or land upon which the noncompliance is occurring;

iii. A description of the specific nature, extent, and date of noncompliance;

iv. A notice of the noncompliant activity cease and desist, and corrective action be undertaken to correct the activity within 24 hours;

v. A statement that a cumulative civil penalty in the amount of $250.00 per day for minor land-disturbing activities, will be assessed for each and every day set for correction on which the noncompliant activity continues; and

vi. A statement regarding the appeal process.

d. Notification. The notice of noncompliance will be issued in writing, either by certified mail with return receipt requested, or by personal service, to the property owner(s) or permit applicant. If the notice of noncompliance is not issued to the property owner(s), the property owner will be given a copy of the notice of noncompliance so that the property owner(s) are informed that a notice of noncompliance has been issued to the permit applicant. A copy of the notice of noncompliance may also be given to the contact person at the project site.

e. Effective Date. The notice of noncompliance issued under this section will become effective immediately upon receipt.

f. Compliance. Failure to comply with the terms of a notice of noncompliance will result in the issuance of a civil penalty.

g. Civil Penalty. A person who fails to meet the performance standards of this chapter and who fails to comply with a notice of noncompliance issued under this chapter will be subject to a civil penalty.

h. Amount of Penalty. The penalty will be $250.00 per day for each violation associated with a minor land-disturbing activity and $1,000 per day for each violation associated with a major land-disturbing activity. Each day of continued violation or repeated violation will constitute a separate violation. Any costs associated with clean-up or other corrective actions shall be the sole responsibility of the violator.

i. Notice and Assessment of Penalty. A civil penalty will be imposed by a written notice of penalty either by certified mail with return receipt requested, or by personal service. A notice of penalty will contain:

i. The name and address of the property owner(s) or permit applicant to whom the notice of penalty is directed;

ii. The street address, when available, or a general description of the building, lot, or land upon which the violation is occurring;

iii. A description of the specific nature, extent, and date of violation;

iv. A statement that the corrective action ordered in the notice of noncompliance was not undertaken;

v. The amount of the penalty;

vi. A statement that the penalty shall be assessed for each and every day the violation continues; and

vii. A statement that the penalty is due within 30 days. A statement of the appeal process will also be included.

j. Penalty Due.

i. Penalties imposed under this section will become due and payable within 30 calendar days of receipt of the notice of penalty. If the amount of a penalty owed to the city is not paid within the time specified, the city may take appropriate action necessary to recover such penalty through liens against such property.

ii. If an appeal of the notice of noncompliance is filed, the 30-day time frame does not apply. A penalty will not be assessed if the decision of an appeal is that a violation of the performance standards did not occur.

k. Penalty Recovered. All penalties will be deposited in the street fund with the city and may appropriated for all activities within the street department of the city.

l. Appeals. A notice of noncompliance may be appealed in writing to the mayor within 14 calendar days of receipt of the notice. The mayor shall have the authority to approve or deny the appeal. A reduction or waiver of a penalty may be granted, if the mayor determines that there is substantial evidence that reasonable means or controls were used prior to the notice of noncompliance, and that damages to public facilities did not occur. The decision of the mayor may be appealed to the city council. This appeal must be filed within 14 calendar days of the decision of the mayor. The city council will hear the appeal and make a final decision on the notice of noncompliance and penalties due. (Ord. 756 § 1, 2001)

12.04.200 Denial of permit.

The community services director is authorized to deny approval of a development and/or approach permit if, after review of an application, he finds that the site cannot be developed without drainage hazard. (Ord. 756 § 1, 2001)

12.04.210 Bonds or sureties.

All stormwater drainage facilities included in the site drainage plan approved by the city shall be installed or covered by bonds or sureties as follows:

A. For all drainage facilities to be located within the city right-of-way, the sponsor shall post a performance bond in conformance with DPMC 12.04.050.

B. For all drainage facilities to be located outside the city right-of-way, the sponsor shall post a performance bond in conformance with DPMC 12.04.050, and shall also provide a perpetual maintenance plan for these facilities prior to final approval. Facilities outside public rights-of-way requiring further maintenance shall be located within public easements.

C. For all drainage swale systems required to be installed for residential lots, the sponsor shall provide plans to the city prepared by a civil engineer, showing the location and design of the drainage swale system along with an eight-and-one-half-inch by 11-inch plan for each lot having a drainage swale. The sponsor shall also install drywells and rough grade swales in accordance with the plans, or post a bond or other security approved by the city therefor.

D. For all drainage swale systems required to be installed for residential lots, the builder shall be responsible for providing the city with a site plan drawn on a scale required under subsection C of this section, showing the location of the drainage swale system and other proposed site improvements. The builder shall deposit with the city a $1,000 surety, in the form of cash, letter of credit or savings assignment, guaranteeing completion of the fine grading, landscaping and installation of sod required for the swale system within six months of occupancy of the residence constructed on the lot.

E. The homeowner shall be responsible for perpetual maintenance of drainage swale systems installed on residential lots. (Ord. 756 § 1, 2001)

12.04.220 Failure to maintain drainage facilities.

Any person who wilfully damages, alters, removes or fails to maintain or repair stormwater drainage facilities, including any portion of a drainage swale system, which said person is responsible for maintaining under this chapter, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $250.00, or imprisonment in the county jail not exceeding 90 days or both. In addition to, or as an alternative to such penalty, the violator may also be subjected to a civil penalty in the manner provided by law. (Ord. 756 § 1, 2001)

12.04.230 Maintenance within right-of-way.

The city will assume maintenance responsibility for all drainage facilities constructed within city right-of-way at the time the road is established. The first year’s repair costs due to defects in material and workmanship shall be the responsibility of the sponsor and shall be an obligation against the bond specified in DPMC 12.04.050. (Ord. 756 § 1, 2001)

12.04.240 Maintenance outside of right-of-way.

Pursuant to Chapter 35A.43 RCW, the city may assume maintenance and operation responsibility of stormwater drainage facilities which lie outside the city right-of-way and which are owned by the city or over which the city has right of use for the movement and control of storm drainage and surface water runoff, including both naturally occurring and manmade facilities. The city may assume such responsibility, at its sole discretion and under such conditions as it deems appropriate, where:

A. The city and sponsor have executed an agreement whereby the owners of properties served by the facilities agree to pay service charges levied by the city for maintenance and operation of the drainage facilities; or

B. The city is authorized under the conditions of the development approval to provide such services and levy service charges for the same; or

C. The city finds there is a public need to establish a stormwater drainage service area wherein the city will maintain and operate stormwater drainage facilities and levy service charges against the properties served by such facilities. (Ord. 756 § 1, 2001)

12.04.250 Rates and charges.

For those drainage facilities operated and maintained by the city under DPMC 12.04.220, service charges shall be applicable for each property served or benefited thereby, according to the schedule of charges listed in the written agreement or as established or revised by resolution on the city council after notice and hearing. In addition, delinquent charges shall bear an interest rate as established by resolution of the council, and computed on a monthly basis from the date of delinquency as said date is fixed by resolution. Pursuant to Chapter 35A.60 RCW, the city shall have a lien for delinquent service charges, included interest thereon, against any property against which they were levied for drainage facilities, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Said lien shall be effective for a period of one year without the necessity of any writing or recording of the lien with the county auditor, and shall be effective and enforced in the manner provided by Chapter 35A.60 RCW. The service charges collected shall be deposited in the street fund of the city, to be used only for the purpose of paying the cost and expense of maintaining, operating and replacing the facilities. (Ord. 756 § 1, 2001)

12.04.260 Penalty.

Any person, firm, or corporation who does any construction work or deposits material within city road right-of-way without making application for and having been granted a construction permit, or does any work in violation of the conditions imposed in conjunction with such permits, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $250.00 or imprisonment in the county jail not exceeding 90 days or both. (Ord. 756 § 1, 2001)

12.04.270 Authority to inspect for conformance.

The community services director or his designee is also authorized to review road construction and building site approach and drainage proposals and to deny those that are found to be not in conformance with these regulations and the herein authorized city standards. The community services director or his designee is authorized to field inspect, as appropriate, road and building site approach and drainage construction to verify conformance with the conditions of approval. (Ord. 756 § 1, 2001)

12.04.280 Penalty – Requirements not met.

Should the city find that the conditions of approval have not been met, authorization is given to:

A. Withdraw the permit; and/or

B. Draw upon the applicant’s bond to complete the work in accordance with the original approval. (Ord. 756 § 1, 2001)

12.04.290 Appeals – Procedure.

Any condition of approval imposed under the authority of these regulations may be appealed. Appeal shall be in accordance with the procedures set forth by law or city code for the appropriate type of action; e.g., if the conditions are applied in connection with an application for a zone change then the appeal of those imposed conditions shall be in accordance with the proper appeal procedures specified in the city zoning code. After considering all public testimony submitted at the appeal hearing, the city council may grant variances from the provisions of the regulations adopted herein. (Ord. 756 § 1, 2001)

12.04.300 Appeals – Appeal from the city council decision.

Those applicants aggrieved by the decision of the city council may appeal such decision to the court as provided by law. (Ord. 756 § 1, 2001)

Prior legislation: Ords. 524 and 391.