Chapter 13.35


13.35.010    Scope.

13.35.020    Purposes.

13.35.030    King County Surface Water Design Manual adopted.

13.35.040    Critical drainage and/or erosion areas.

13.35.050    Construction timing and final approval.

13.35.060    Liability insurance required.

13.35.070    Financial guarantees authorized.

13.35.080    Hazards.

13.35.090    Administration.

13.35.100    Enforcement.

13.35.110    Liberal construction.

13.35.120    Penalty.

13.35.010 Scope.

Compliance with the standards in this chapter and the Surface Water Design Manual does not necessarily mitigate all probable and significant environmental impacts to aquatic biota. Fishery resources and other living components of aquatic systems are affected by a complex set of factors. While employing a specific flow control standard may prevent stream channel erosion or instability, other factors affecting fish and other biotic resources (such as increases in stream flow velocities) are not directly addressed by the Surface Water Design Manual. Thus, compliance with this manual should not be construed as mitigating all probable and significant stormwater impacts, and additional mitigation may be required to protect aquatic biota in streams and wetlands. [Ord. 16-0428 § 6 (Att. D).]

13.35.020 Purposes.

The city council finds that this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of surface water and stormwater and erosion control, especially that which preserves and utilizes the many values of the City’s natural drainage system, including open space, fish and wildlife habitat, recreation, education and urban separation. The city council also finds that the City shall conduct programs to reduce flooding, erosion, and sedimentation, prevent and mitigate habitat loss, enhance groundwater recharge, and prevent water quality degradation through the implementation of comprehensive and thorough permit review, construction inspection, enforcement, and maintenance in order to promote the effectiveness of the requirements contained in this chapter. The city council also finds that elements of this chapter fulfill certain requirements of the Western Washington Phase II municipal stormwater permit, issued to the City by the Washington State Department of Ecology, pursuant to the Federal Water Pollution Control Act (33 U.S.C. Section 1251) and the State law governing water pollution control (Chapter 90.48 RCW). [Ord. 16-0428 § 6 (Att. D).]

13.35.030 King County Surface Water Design Manual adopted.

A. Adoption. The King County Surface Water Design Manual (SWDM), dated July 2021, as modified by subsection B of this section, is hereby adopted and incorporated by reference for use in the City. Revisions of the SWDM by King County shall be applicable in the City only if approved by the city council.

B. Modifications to the Surface Water Design Manual. The city council adopts and incorporates by reference Appendix F, Surface Water Manual Addendum, to the City of Kenmore 2021 Kenmore Road Standards, adopted pursuant to KMC 12.50.010, as may be amended, for the following purposes:

1. To translate specific wording or reference from King County to the City;

2. To cross-reference City ordinances and City maps in lieu of King County ordinances and maps;

3. To provide a linkage or reference to other City requirements such as more restrictive requirements outlined in basin plans and the City’s critical areas ordinances; and

4. To provide exceptions and additions to the SWDM.

C. Interpretation. The city manager is authorized to interpret the Surface Water Design Manual, as amended, adopt interpretive guidelines, promulgate rules, and resolve conflicts or inconsistencies.

D. Amendments. Consistent with the council’s direction and intent in adopting the SWDM with the Addendum adopted in subsection B of this section, the department of public works is hereby authorized to develop public rules and make minor changes to said Addendum to better implement the SWDM and Addendum as needed to stay current with changing design, environmental, and construction technology and methods. [Ord. 22-0551 § 1 (Att. A); Ord. 16-0428 § 6 (Att. D).]

13.35.040 Critical drainage and/or erosion areas.

Development in areas where the city manager has determined that the existing flooding, drainage and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the city manager until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features or other controls necessary to protect against community hazard. Where alternate facility designs or methods will produce a compensating or comparable result in the public interest and which will meet this section’s objectives of safety, function, appearance, environmental protection and maintainability, based upon sound engineering judgment, an adjustment to the special drainage requirements promulgated under this section may be proposed; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter. Where application of this section will deny all reasonable use of a property and a facility or design that produces a compensating or comparable result cannot be obtained, then a best practicable alternative may be obtained, to be determined by the city manager according to the adjustment process defined in the Surface Water Design Manual. [Ord. 16-0428 § 6 (Att. D).]

13.35.050 Construction timing and final approval.

A. No work related to permanent or temporary storm drainage control for a permitted development may proceed without the approval of the city manager.

B. Erosion and sediment control measures associated with both the interim and permanent drainage systems shall be:

1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with an approved erosion and sediment control plan; and

2. Satisfactorily sequenced and maintained until all improvements, restoration, and landscaping associated with the permit and approvals for the project are completed and the potential for on-site erosion has passed.

C. The applicant shall have constructed and have in operation those portions of the drainage facilities necessary to accommodate the control of surface water and stormwater runoff discharging from the site before the construction of any other improvements or buildings on the site, or to final recording of a plat or short plat, unless, upon written request of the applicant, the city manager authorizes recording before construction of facilities in order to minimize impacts that may result from construction of facilities during inappropriate times of the year. [Ord. 16-0428 § 6 (Att. D).]

13.35.060 Liability insurance required.

The applicant required to construct the drainage facility pursuant to this chapter shall maintain a combined single limit per occurrence liability policy in the amount established by the City risk management program, which shall name the City as an additional insured and protect the City from liability relating to the construction or maintenance of the facility until construction approval or acceptance for maintenance, whichever is last. Proof of this required liability policy shall be provided to the city manager prior to commencing construction of any drainage facility. If this liability insurance is not kept in effect as required, the City may initiate enforcement action pursuant to Chapter 1.20 KMC. [Ord. 16-0428 § 6 (Att. D).]

13.35.070 Financial guarantees authorized.

The city manager is authorized to require all applicants who are issued permits or approvals under the provisions of this division to post financial guarantees consistent with the provisions of KMC Title 21. [Ord. 16-0428 § 6 (Att. D).]

13.35.080 Hazards.

A. Whenever the city manager determines that any existing construction site, erosion and sedimentation problem and/or drainage facility poses a hazard to life and limb, endangers any property, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of City right-of-way, utilities, and/or other property owned or maintained by the City, the applicant/person to whom the permit was issued pursuant to KMC 13.35.040, the owner of the property within which the drainage facility is located, the applicant/person responsible for operation and maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the city manager, shall, within the period specified therein, repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

B. Should the city manager have reasonable cause to believe that the situation is so hazardous as to preclude written notice, the city manager may take the measures necessary to eliminate the hazardous situation; provided, that the city manager shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to KMC 13.35.040, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other City requirement has been posted, the city manager shall have the authority to collect against the financial guarantee to cover costs incurred. [Ord. 16-0428 § 6 (Att. D).]

13.35.090 Administration.

A. The city manager is authorized to promulgate and adopt administrative rules for the purpose of implementing and enforcing the provisions of this chapter. The administrative rules shall be on file with the city manager.

B. The city manager is authorized to develop procedures for applying adopted rules and regulations during the review of permit applications for the development of land. These procedures may also be contained in the Surface Water Design Manual.

C. The city manager is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.

D. Whenever necessary to enforce any of the provisions of this chapter or to monitor for proper function of drainage facilities, or whenever the city manager has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the city manager may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the city manager by this chapter; provided, that if such premises or portion thereof is occupied, the city manager 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.

E. Proper ingress and egress shall be provided to the city manager to inspect, monitor or perform any duty imposed upon the city manager by this chapter. The city manager shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the city manager may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in causing such work to be done shall thereby be imposed on the person holding title to the subject property. [Ord. 16-0428 § 6 (Att. D).]

13.35.100 Enforcement.

The city manager is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Chapters 1.15 and 1.20 KMC. [Ord. 16-0428 § 6 (Att. D).]

13.35.110 Liberal construction.

This chapter is exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [Ord. 16-0428 § 6 (Att. D).]

13.35.120 Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to the civil and criminal penalties set forth in Chapter 1.15 KMC. [Ord. 16-0428 § 6 (Att. D).]