Chapter 13.34


13.34.010    Purpose.

13.34.020    Definitions.

13.34.030    Department of Ecology Manual adopted.

13.34.040    Applicability.

13.34.050    Off-site/regional facilities.

13.34.060    Permits required.

13.34.070    Stormwater site plan requirements.

13.34.080    Performance bond/security.

13.34.090    Construction inspections.

13.34.100    As-built plans.

13.34.110    Stormwater facility maintenance.

13.34.120    Records of installation and maintenance activities.

13.34.130    Right of entry for inspections.

13.34.140    Inspection of stormwater facilities.

13.34.150    Violations and enforcement.

13.34.160    Stop work orders.

13.34.170    Emergency enforcement.

13.34.180    Holds on final occupancy.

13.34.190    Restoration of lands.

13.34.010 Purpose.

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This chapter seeks to meet that purpose through the following objectives:

A.    Minimize water quality degradation in streams, ponds, lakes, wetlands and other water bodies;

B.    Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;

C.    Promote site planning and construction practices that are consistent with natural geological, topographical, vegetational and hydrological conditions;

D.    Maintain and protect the City’s stormwater management infrastructure and those downstream;

E.    Minimize disruption of hydrologic functions, patterns, and processes;

F.    Provide compliance with federal, state and local requirements for stormwater management and water quality. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010)

13.34.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

“Best management practices (BMPs)” 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.

“City” means the municipality of the City of Ferndale.

“Clearing” means the destruction and removal of vegetation by manual, mechanical, chemical or other such method.

“Construction stormwater pollution prevention plan” means a document that describes the potential for pollution problems on a construction project and explains and illustrates the measures to be taken on the construction site to control those problems.

“Conveyance” means a means of transporting stormwater via an enclosed system or an open channel drainage system. (See also City of Ferndale Development Standards.)

“Detention” means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage.

“Detention facility/detention pond” means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the facility. There is little or no infiltration of stored stormwater.

“Director” means the Director of the Public Works Department or his/her assignee.

“Drainage” means the collection, conveyance, containment and/or discharge of surface and stormwater runoff.

“Ecology” means the Washington State Department of Ecology.

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

“Excavation” means the mechanical removal of earth material.

“Fill” means a deposit of earth material placed by artificial means.

“Grading” means to finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation.

“Land disturbing activity” means any activity that results in movement of earth, or 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, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices or gardening are not generally considered land disturbing activity.

“LID Guidance Manual” means the December 2012 Low Impact Development Technical Guidance Manual for Puget Sound, prepared by the Puget Sound Action Team and the Washington State University Pierce County Extension or as amended by its replacement.

“Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. (See also “LID Guidance Manual.”)

“Maintenance” and “repair” mean activities conducted on currently serviceable structures, facilities, and equipment that involve no expansion or use beyond that existing use and result in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include removal and replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed.

“Manual” means the “Stormwater Management Manual for Western Washington.” (See also “Stormwater Management Manual for Western Washington.”)

“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) owned or operated by the City having jurisdiction over disposal of wastes, stormwater or other wastes that discharge to waters of Washington State.

“Municipal stormwater permit” means the Western Washington Phase II municipal stormwater permit, a National Pollutant Discharge Elimination System and state waste discharge general permit for discharges from small municipal separate storm sewers in Western Washington. The City of Ferndale has obtained coverage under this permit from the Department of Ecology.

“Nonpoint source pollution” means pollution that enters a water body from diffuse origins on the watershed and does not result from discernible, confined, or discrete conveyances. Nonpoint source pollution generally results from land runoff, precipitation, atmospheric deposition, drainage, seepage or hydrologic modification. Nonpoint source pollution can include: excess fertilizers, herbicides and insecticides from agricultural lands and residential areas; oil, grease and toxic chemicals from urban runoff and energy production; sediment from improperly managed construction sites, crop and forest lands, and eroding streambanks; salt from irrigation practices and acid drainage from abandoned mines; bacteria and nutrients from livestock, pet wastes and faulty septic tanks.

“Point discharge” or “point source pollution” means the release of collected and/or concentrated surface and stormwater runoff from a pipe, culvert, or channel.

“Project site” means that portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces. The total projected area of new, replaced or new plus replaced impervious surfaces for subdivisions shall constitute a project site. “Project site” shall also include any and all areas of the project property or properties that have been previously developed if said development did not provide permanent stormwater facilities for water quality and quantity mitigation. (See also “Redevelopment.”)

“Receiving waters” means bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow.

“Redevelopment” means, on a site that is already substantially developed, 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, including interior improvements, or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.

“Regional retention/detention system” means a detention facility that is sited to detain stormwater runoff from a number of new developments or areas within a drainage basin.

“Site” means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site.

“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 land plants.

“Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility.

“Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

“Stormwater facility” means a constructed component of a stormwater drainage system designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales.

“Stormwater Management Manual for Western Washington” (“Manual”) means the Washington State Department of Ecology “Stormwater Management Manual for Western Washington” as currently adopted by the City. This Manual, as prepared by and updated by the Department of Ecology, contains BMPs to prevent, control or treat pollution in stormwater and reduce other stormwater-related impacts to waters of the state and shall be interpreted to mean the current edition. The LID Guidance Manual shall be considered a supplement to and portion of this Manual. (See also “LID Guidance Manual.”) SWMMWW is intended to supplement this chapter to control the quantity and quality of stormwater runoff from new development and redevelopment. SWMMWW shall be used for the guidance of designs, reports and construction for all development and redevelopment within the City of Ferndale.

“Stormwater site plan” means the comprehensive report containing all of the technical information and analysis necessary for the City of Ferndale and other regulatory agencies to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements. Contents of the stormwater site plan (SSP) will vary with the type and size of the project, and individual site characteristics. The SSP will include a construction stormwater pollution prevention plan (SWPPP) and a permanent stormwater control plan (PSCP). The stormwater site plan shall be prepared in accordance with the SWMMWW and other City of Ferndale guidance documents, including this code.

SWMMWW. See “Stormwater Management Manual for Western Washington.”

“Vegetation” means all organic plant life growing on the surface of the earth.

Wetlands. See FMC 16.08.420, the critical areas ordinance. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010)

13.34.030 Department of Ecology Manual adopted.

The most current Department of Ecology Stormwater Management Manual for Western Washington, as amended by Appendix 1 of the Western Washington Phase II municipal stormwater permit, is hereby adopted as the City’s technical stormwater reference manual and herein referred to as “SWMMWW.” (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010)

13.34.040 Applicability.

Stormwater management review and approval by the City is required when any proposed development or redevelopment meets or exceeds the threshold conditions defined in this chapter and discharges directly or indirectly into the City of Ferndale’s municipal separate storm sewer system. Plans may be subject to review by local environmental protection officials to ensure that established water quality standards will be maintained during and after development of the site and that post-construction runoff levels are consistent with any local and regional watershed plans.

In addition to the exceptions adopted by SWMMWW, the following activities may be exempt from sections of this chapter in accordance with Appendix 1 of the municipal stormwater permit:

A.    Any logging and agricultural activity which is consistent with an approved soil conservation plan or a timber management plan prepared or approved by the Department of Natural Resources, as applicable;

B.    Repairs to any stormwater facility or stormwater drainage system deemed necessary by the City of Ferndale;

C.    Routine maintenance performed by the City of Ferndale;

D.    Work performed under an emergency situation (i.e., natural disaster) as deemed appropriate by the Public Works Director. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010)

13.34.050 Off-site/regional facilities.

The City is authorized under RCW 90.03.500 to establish, construct and maintain stormwater improvements and impose special assessments to cover expenditures for capital and maintenance costs of those improvements. If the property on which the applicant’s proposed project is occurring falls within a stormwater special assessment area in the City, that project shall connect to the regional facility. The City shall determine reasonable charges so that the property owners bear their equitable share of the cost of such a system. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010)

13.34.060 Permits required.

No person shall develop or redevelop without first obtaining one or multiple of the following permits as applicable:

A.    Encroachment Permit. An encroachment permit shall be required whenever storm drainage system additions, improvements, or extensions are made within the City right-of-way or a public easement.

B.    Land Disturbance Permit. A land disturbance permit shall be required whenever land disturbance activities are performed.

C.    Building Permit. A land disturbance is waived with the issuance of a building permit. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.070)

13.34.070 Stormwater site plan requirements.

A.    Requirements for development or redevelopment applications are determined by the type and size of the proposed project as defined by the Manual.

B.    Construction Stormwater Pollution Prevention. All development shall be required to comply with Minimum Requirement No. 2 of the SWMMWW, must consider all elements of construction stormwater pollution prevention and develop controls for all elements that pertain to the project site. Failure to provide for and install such controls per an approved SSP or SWPPP prior to the commencement of land disturbance activities shall result in an order to stop all work upon the site until such work that is necessary to bring the site into compliance with this code, permits, or an approved SSP or SWPPP has been completed.

C.    Preliminary Stormwater Site Plan. A preliminary stormwater site plan, as required by Chapter 14.07 FMC, shall include the following:

1.    Existing Conditions. Show and describe existing site conditions including structures, natural drainage, wetlands, channels, drainage facilities, vegetative cover, parking areas, and other impervious surfaces, general steepness and direction of land slopes, location of known seasonal and year-round standing water areas and tax parcel number.

2.    Project Descriptions. Show and describe the project including the location and size of proposed structures and impervious surfacing, and the location of utilities and road access. Describe or show the location, nature and extent of land alteration activities associated with the development including areas to be cleared and graded.

3.    Stormwater Management System. Show and describe, in a preliminary manner, the determination of applicable minimum requirements including potentially required stormwater management system features. Include potential ditches, drain pipes, detention/retention facilities, stormwater treatment facilities and erosion control methods to be used during construction. Describe the relationship of the proposed system to the existing natural drainage. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.080)

13.34.080 Performance bond/security.

The City of Ferndale requires the submittal of a performance security or bond prior to issuance of a final occupancy permit in order to insure that the components of the development are installed by the permit holder as required by the approved plans; this bond shall include those requirements of the stormwater site plan. The City of Ferndale will make a final inspection of the stormwater facility to ensure compliance with the approved plan and the provisions of this chapter prior to the release of the performance bond or security. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.090)

13.34.090 Construction inspections.

The City of Ferndale may conduct inspections, as required by the municipal stormwater permit, of permitted development and redevelopment sites at the following times:

A.    Prior to clearing and construction.

B.    During construction to verify proper installation and maintenance of required erosion and sediment controls.

C.    During construction and upon completion of construction and prior to final approval or occupancy to verify proper installation of permanent stormwater facilities. The City of Ferndale may require the applicant to provide an engineer stamped as-built certification or other form of proof of proper installation and verification that facility is performing as designed. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.100)

13.34.100 As-built plans.

All applicants are required to submit actual as-built drawings of any stormwater management facility or drainage system located on site after final construction is completed. The plan must show the final design specifications for all stormwater facilities and must be stamped by a professional engineer. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.110)

13.34.110 Stormwater facility maintenance.

A.    Stormwater Facility Maintenance Manual. All applicants are required to submit a site-specific stormwater maintenance manual for any stormwater facility or drainage system located on site after final construction is completed. This stormwater maintenance manual is to be passed on to the owners of the site to whom the responsibility for maintenance is assigned.

    The stormwater maintenance manual shall include the following:

1.    Address of the site or name of subdivision;

2.    Parties responsible for maintenance;

3.    Description of the stormwater facilities on site;

4.    As-built drawing of the site, showing all stormwater facilities;

5.    Inspection checklist and schedule;

6.    Maintenance standards;

7.    Reference to applicable low impact development covenants as required by this chapter.

B.    Maintenance of low impact development stormwater management facilities shall be ensured through a maintenance covenant or easements on the face of the plat or binding site plan, the language for which must be approved by the City of Ferndale, and recorded into the land record prior to final project approval. The covenant or plat language shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City right of entry to allow inspection and emergency maintenance and repair.

C.    Stormwater Facility Inspections. Stormwater treatment and flow control BMPs and facilities that discharge to the City’s municipal storm sewer system and were permitted according to the municipal stormwater permit shall undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include: removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any identified maintenance found must be addressed in a timely manner, as determined by the City of Ferndale, and the inspection and maintenance requirement may be increased in accordance with SWMMWW to ensure proper functioning of the stormwater facility. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.120)

13.34.120 Records of installation and maintenance activities.

Parties responsible for the operation and maintenance of a stormwater facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least 20 years. Parties responsible shall submit the maintenance and repair records to the City upon request. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.130)

13.34.130 Right of entry for inspections.

When any new stormwater facility is installed on private property, or when any new connection is made between private property and a public stormwater drainage system, the property owner shall grant to the City of Ferndale the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. This includes the right to enter a property when the City of Ferndale has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter and of Chapter 1.12 FMC. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1819 § 13, 2013; Ord. 1817 § 2, 2013; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.140)

13.34.140 Inspection of stormwater facilities.

In addition to the authority granted under FMC 13.34.090, inspection programs by the City may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the municipal stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, ground water, and material or water in stormwater facilities; and evaluating the condition of stormwater facilities and stormwater drainage systems. The City reserves the right to charge parties responsible for inspections based on violations. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.150)

13.34.150 Violations and enforcement.

A.    The Director is authorized to implement the provisions of this chapter, including enforcement related to any construction, development, or redevelopment activity commenced or conducted contrary to this chapter, failure to meet the requirements of a maintenance covenant or of any permit requirement imposed under this chapter, or in the event that a stormwater facility becomes a danger to public safety or public health, or if a stormwater facility does not function as designed or approved or is not properly maintained as permitted, or any other violation of this chapter. The Director of Public Works will coordinate the implementation and enforcement of this chapter with other City of Ferndale departments as appropriate.

B.    The City shall initially rely on education and informational assistance to gain compliance with this chapter; however, such education and informational assistance shall not be a prior condition to an enforcement action.

C.    All permits issued by the City will include a written advisory on the permit, or provided with the permit, referencing erosion control, runoff, drainage or stormwater. Such writing shall constitute compliance with subsection (B) of this section and no further education or information shall be required prior to any enforcement action.

D.    Any law enforcement officer, the City Administrator or the City’s Public Works Director or their respective designee (“enforcement person”) is authorized to enforce this chapter in accordance with the procedures set forth in Chapter 1.12 FMC.

E.    Any person who, through an act of commission or omission, aids or abets in a violation shall be considered to have committed the violation for the purposes of a civil penalty and all persons who are determined to have violated this chapter are jointly and severally liable for the purposes of civil penalties.

F.    The enforcement procedures set forth in this chapter are specifically identified as additional enforcement procedures to be used in conjunction with Chapter 1.12 FMC. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1819 § 13, 2013; Ord. 1817 § 2, 2013; Ord. 1649 § 1, 2011; Ord. 1637 § 1, 2011; Ord. 1560 § 1, 2010. Formerly 13.34.160)

13.34.160 Stop work orders.

Persons receiving a notice of violation will be required to halt all construction activities. This “stop work order” will be in effect until the City of Ferndale confirms that the development activity is in compliance and the violation has been satisfactorily addressed in which case the matter will be closed. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014. Formerly 13.34.170)

13.34.170 Emergency enforcement.

Whenever the enforcement person finds that an emergency condition exists as a result of violation of this chapter or it reasonably appears to cause or constitute an imminent or immediate danger to the health and safety of the public, and the responsible person cannot be contacted or refuses to immediately correct the same, the enforcement person shall have authority to summarily and without notice correct the same. Notice of the abatement action shall be given to the responsible party as soon thereafter as possible and the City shall be entitled to recover the abatement costs as provided in FMC 13.34.150(D). (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014. Formerly 13.34.180)

13.34.180 Holds on final occupancy.

Final occupancy will not be granted until corrections to the stormwater facility and/or drainage system have been made and accepted by the City of Ferndale. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014. Formerly 13.34.190)

13.34.190 Restoration of lands.

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City of Ferndale may take necessary corrective action, the cost of which shall become a lien upon the property until paid. (Ord. 2009 § 1, 2017; Ord. 1960 § 1, 2016; Ord. 1837 § 1, 2014; Ord. 1819 § 13, 2013. Formerly 13.34.200)