Chapter 15.14 SURFACE WATER MANAGEMENT PROGRAM

This chapter shall be known as the surface water management program and may be referred to herein as the “program” or “chapter.” (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.020 Purpose – Goals.

The purposes of this chapter are to:

A. Provide for the planning, design, construction, use, maintenance, repair and inspection of the stormwater system in the city;

B. Establish programs, regulations and fees to assure the appropriate quantity and quality of the water in the stormwater system;

C. Provide for the enforcement of the program;

D. Ensure that the stormwater system functions in the manner intended by this chapter;

E. Prevent, to the maximum extent possible, any negative environmental impact resulting from the creation, collection, treatment, conveyance and dispersal of surface water;

F. Provide for protection of endangered species and their habitat. This chapter supplements other city ordinances and regulations regarding protection or regulation of the surface and stormwater system and flood damage prevention, including but not limited to critical area regulations (Chapter 18.06 MCMC) and the environmental policies (Chapter 18.04 MCMC). In the event of an irreconcilable conflict between any such ordinances and regulations and this chapter, the requirement that is most consistent with the protection of the environment and the intent of the program shall be given precedence; and

G. Require LID best management practices through the use of on-site stormwater facilities to manage stormwater as close to where it falls as possible when site and soil conditions make LID a feasible alternative. (Ord. 2017-814 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.030 Construction – Intent – Adoption of findings.

A. This chapter is enacted pursuant to the police power of the city to protect and preserve the public health, safety and general welfare. Its provisions shall be liberally construed to accomplish the purposes of the program and the protection and preservation of the public health, safety and general welfare.

B. It is the intent of this chapter to provide for and to promote the public health, safety and general welfare of the citizens and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited. This chapter shall not be construed to create any specific rights in any individual nor to create any duty owed by the city toward any individual or class of persons.

C. It is the intent of this chapter to place the obligation of compliance with the encouragements of this chapter upon the owner and/or operator of a stormwater facility, whether public or private. Nothing contained in this chapter is intended to be nor shall it be construed to create or form the basis for liability on the part of the city, the utility, or its officers, employees or agents, for any injury to persons or damage to property resulting or arising from the act, omission or failure of the owner or operator of any stormwater facility to comply with the provisions of the program, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the city, the utility, or their officers, employees or agents.

D. The findings made by the city council in the adoption of this chapter, or its subsequent amendment, are incorporated herein as though set forth in full as legislative findings regarding the need for, purpose of, and basis for adopting the program. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.040 Territorial application.

The program shall be in effect throughout the geographical boundaries of the city, as now or hereafter configured. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.050 Definitions.

The following words and phrases, when used in this chapter, shall have the following meanings. Words not defined below shall have the meaning ascribed if defined in other parts of the program, or shall have their usual meanings if not defined.

A. “A” Words.

“Approve” or “approval” means the decision or determination of the director that an action conforms to this chapter.

“As-built” means a final drawing of the actual installation of structures, materials and equipment.

B. “B” Words.

“Basin plan” means a plan and all implementing regulations and procedures adopted by the city for managing surface and stormwater quality and quantity, stormwater facilities, and features within an individual hydrologic area.

“Best management practices (BMP)” means 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.

C. “C” Words.

“Chapter” means Chapter 15.14 MCMC.

“City” means the city of Mill Creek.

“Civil engineer” means a professional engineer licensed in the state of Washington in civil engineering.

“Clearing” means destruction, deformation or removal of vegetation by manual, mechanical, or chemical methods or means.

“Compaction” means the densification of a fill or naturally existing soils by mechanical means.

“Comprehensive drainage plan” means the latest version of the comprehensive drainage plan, if any, as adopted by the city.

“Connection permit” means the permit required to construct stormwater facilities and/or to make any additions, repairs or connections connect to the stormwater system. The permit shall consist of the approved construction plans signed by the directors of public works and community development.

“Critical area” means any critical area as defined in Chapter 18.06 MCMC.

“Current conditions” means the state, status, or condition of property at the time application is made for a project (or portion thereof) subject to this chapter. Current conditions may include but are not limited to buildings, impervious areas, and topography; provided, that such conditions are naturally occurring, or were legally created or lawfully conformed to the requirements of the city or other permitting authority at the time they were established. The advocate for a current condition shall have the burden of proving the conforming nature of the condition.

D. “D” Words.

“Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage or stormwater facilities, or assessing other impacts of a proposed project on the flow of surface water. A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs. The director shall select the design storm required to set design parameters.

“Detention” means the temporary storage of surface water in a stormwater facility before release to the stormwater system at a rate slower than that at which it is collected.

“Detention facility” means an above or below ground stormwater facility, such as a pond or vault, that temporarily stores surface water and subsequently releases it at a slower rate than it is collected by the stormwater system.

“Developed conditions” means the state, status, or condition of property at the time a proposed project has been completed. Developed conditions may include but are not limited to buildings, impervious areas, and topography.

Development. See Chapter 14.01 MCMC.

“Director” means the director of the Mill Creek public works department, or his/her designated representative, or other person designated by the city manager.

“Drainage basin” means a geographic and hydrologic subunit of a watershed.

“Drainage system” means the system comprised of all natural and artificial elements that collects, conveys, contains, and discharges surface and stormwater within, through or outside the city. The drainage system includes the stormwater system in the city and all receiving or discharging waters or channels outside the city (e.g., North Creek, Nickel Creek, Penny Creek, etc.).

E. “E” Words.

“Earth material” means any rock, natural soil or fill or a combination thereof.

Ecology Manual. See MCMC 15.14.060.

“Emergency” means any natural or human-caused event or set of circumstances that disrupts or threatens to disrupt, or endangers or threatens to endanger, the operation, structural integrity or safety of the stormwater system, or endangers or threatens to endanger the health and safety of the public, or otherwise requires immediate action by the utility.

“Endangered species” means a species which is listed as endangered under the Endangered Species Act.

“Engineering standards” means the engineering standards adopted by the director, if any, whether in draft or final form, which include minimum requirements for the design and construction of water, stormwater, and/or sanitary sewer facilities.

“Erosion” means the wearing away, detachment or movement of soil or the land surface by running water, wind, ice, gravity or other geological agents, including without limitation such processes as gravitational creep.

“Excavation” means the removal or movement of earth material.

F. “F” Words.

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

“Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting or processing timber, including but not limited to road and trail construction; harvesting, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees and brush control.

G. “G” Words.

“Ground water” means water in a saturated zone or stratum beneath the surface of land or a water body.

H. “H” Words. [Reserved].

I. “I” Words.

“Illicit discharge” means any discharge or connection to the stormwater system that causes or contributes to a violation, impairment or degradation of water quality, sediment quality, habitat quality, ground water quality, or violation of this chapter, including but not limited to sanitary sewer discharges, industrial process water, interior floor drains, car wash and rinse water, and gray water discharges.

“Impervious surface” means any hard surface area which either prevents, impedes or retards the entry of water into the soil mantle under natural conditions prior to development, and/or a hard surface area which causes water to run off of the surface at greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, graveled areas, walkways, patios, driveways, parking lots, storage areas, and oiled, macadam, or other similar surfaces. Open, uncovered detention/retention facilities shall not constitute impervious surfaces.

“Infiltration” means the downward movement of water from the surface to the subsoil.

“Infiltration facility” means a stormwater facility designed to use the hydrologic process of surface and stormwater runoff soaking into the ground, commonly referred to as percolation, to dispose of surface and stormwater runoff.

“Interflow” means that portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface via a wetland, spring, or seep.

J. “J” Words. [Reserved].

K. “K” Words. [Reserved].

L. “L” Words.

“Land disturbing activity” 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 and excavation.

“Large parcel new development” means development that includes the creation or addition of 5,000 square feet or more of new impervious surface and/or land disturbing activity of one acre or more within any rolling 12-month period, except for the following:

1. Development of an individual, detached single-family residence.

2. Development of an individual, detached duplex residence.

3. Commercial agriculture.

4. Forest practices regulated under WAC Title 222 other than Class IV general forest practices that are conversions from timberland to other uses.

“Latecomer agreement” means a contract which provides for the reimbursement of persons who construct a public stormwater facility or system extension.

“LID” means local improvement district; or “low impact development (LID)” means a stormwater management strategy that emphasizes conservation and use of existing site features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings.

M. “M” Words.

“Maintenance standards” means utility maintenance standards, if any, which may include but are not limited to minimum requirements for maintaining stormwater facilities so they function as intended.

“Mitigate” or “mitigation” means, in order of preference:

1. Avoiding the impact altogether, which may include not taking or modifying a certain action or part of an action.

2. Minimizing impacts, which may include limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.

3. Rectifying the impact, which may include repairing, rehabilitating or restoring the affected environment.

4. Reducing or eliminating the impact over time, which may include preservation and maintenance operations during the life of the action.

5. Compensating for the impact, which may include replacing, enhancing, or providing substitute resources or environments.

N. “N” Words.

“New development” means any human-caused or artificial change to property or structures including but not limited to land disturbing activities, including mining, dredging, filling, clearing, grading, landscaping, paving, excavating, or drilling; structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision, or binding site plan as defined in MCMC Titles 14 through 18. “New development” shall not include any other forest practices or commercial agriculture or the cleaning or other maintenance of a detention facility.

O. “O” Words.

“One-hundred-year, 24-hour storm” means a storm with a 24-hour duration with a one-one hundredth probability of occurring in any 12-month period.

“Operate,” for purposes of the public stormwater system, means to manage on a full-time basis a stormwater facility or the flow of water through any portion of the stormwater system.

P. “P” Words.

“Permanent stormwater quality control plan (PSQCP)” means a plan prepared in accordance with the Ecology Manual which includes permanent BMPs for the control of pollution from stormwater after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a small parcel erosion and sediment control plan (SPESCP).

“Person” means any individual, partnership, corporation, limited liability company, joint venture, association, organization, society, cooperative, public or municipal corporation, or agency of the state or local government unit, however formed or designated.

“Pollutant” means any substance that, when added to water, would contaminate or alter the chemical, physical, or biological properties of any waters of the city’s stormwater system or waters of the state.

“Pollution” means contamination, pollution, or other alteration of the physical, chemical, or biological properties of the stormwater system or waters of the state (as defined in RCW 90.48.020), including without limitation change in temperature, taste, color, turbidity, or odor of the water, or the discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

“Private stormwater facility” means any stormwater facility or portion of the stormwater system which is not a public stormwater facility or public stormwater system.

“Program” means the surface water management program described in this chapter.

“Project” means a proposal for development.

“Property owner” means any person that owns or has a legal interest in property or has been authorized by such person to act on its behalf.

“Public stormwater facility” means any stormwater facility which is a part of the public stormwater system.

“Public stormwater system” means those elements of the stormwater system which are operated by the utility, and are either (1) located on property owned by the city or in a public right-of-way, or (2) if located on private property, the city has formally accepted and documented by deed, easement or similar instrument the obligation to operate that portion of the stormwater system.

“Public works department” or “department” means the Mill Creek public works department.

Q. “Q” Words. [Reserved].

R. “R” Words.

“Redevelopment” means, on an already developed site, the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development, including but not limited to construction, installation, or expansion of a building or other structure and/or replacement of impervious surface that is not part of a routine maintenance activity; land disturbing activities associated with structural or impervious surface development; and any change in use that has the potential of releasing pollutants from the site.

“Retain” or “retention” means the storage of stormwater for a considerable length of time with no surface outflow (i.e., release occurs only through evaporation, plant transpiration, or infiltration).

“Retention facility” means a stormwater facility, such as a pond or vault, that is intended to retain stormwater.

S. “S” Words.

“Site” means a portion of any property that is directly subject to development or is within the boundaries of a project.

“Small parcel erosion and sediment control plan (SPESCP)” means a plan prepared in accordance with the Ecology Manual which includes temporary BMPs to control pollution generated during the construction phase occurring on a site.

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

“Soil management plan, SMP” means a plan of best management practices for improving soil quality for new development in order to protect and restore soil function.

“Source control BMPs” means BMPs that are intended to prevent pollutants from entering stormwater. Examples include erosion control practices, maintenance of stormwater facilities, providing roofs for storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead-end sump.

“Special flood hazard area (SFHA)” means the base floodplain delineated on a flood insurance rate map. The SFHA is mapped as a zone A. The SFHA may or may not encompass all flooding or flood-related problems in the city.

“Stormwater” means that portion of precipitation or surface water flow that does not naturally percolate into the ground or evaporate. By way of example only, stormwater may flow overland, or through interflow, or through channels, streams, pipes, ditches, infiltration facilities, or other conveyances or routes. “Stormwater” includes surface water.

Stormwater Connection Permit. See “Connection permit.”

“Stormwater facility” means a constructed component or segment of the stormwater system. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention/retention/infiltration facilities, constructed wetlands, LID features, catch basins, oil/water separators, sediment basins, modular pavement, constructed ponds and streams, or any other constructed conveyance of or for stormwater.

“Stormwater site plan” means a plan that includes a SMP, TESCP, a PSQCP, and/or an SPESCP.

“Stormwater system” means the entire system within the city, both public and private, whether naturally existing or manmade, which is designed for, intended for, or which handles the collection, drainage, conveyance, diversion, abatement, detention, retention, infiltration, treatment, storage, LID features or disposition of stormwater. By way of example only, the stormwater system may include pipes, culverts, ditches, open channels, streams, lakes, rivers, ponds, and stormwater facilities. The stormwater system is a subset of the drainage system.

“Stormwater treatment BMPs” means BMPs that remove pollutants from stormwater using gravity, settling, filtration, biological uptake, and soil adsorption.

“Stream” means any and all surface water routes generally consisting of a channel having a bed, banks, and/or sides in which surface waters flow in draining from higher to lower land, both perennial and intermittent; and including intervening artificial components.

“Streambank erosion control BMPs” means BMPs designed to control or manage the rate and/or quantity of stormwater runoff in a manner that prevents erosion of stream banks.

Surface Water. See “Stormwater.”

T. “T” Words.

“Temporary erosion and sediment control plan (TESCP)” means a plan designed in accordance with the Ecology Manual to implement BMPs to control pollution generated during land disturbing activity.

“Threatened species” means a species that is listed as threatened under the Endangered Species Act.

Treatment BMPs. See “Stormwater treatment BMPs.”

U. “U” Words.

ULID. See “LID.”

“Utility” means the surface water utility of the city established under Chapter 8.12 MCMC.

V. “V” Words.

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

W. “W” Words.

“Water body” means surface waters of the state, including but not limited to rivers, streams, lakes, marine waters, estuaries and wetlands.

Wetlands. See Chapter 18.06 MCMC.

X. “X” Words. [Reserved].

Y. “Y” Words. [Reserved].

Z. “Z” Words. [Reserved]. (Ord. 2017-814 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.060 Ecology stormwater manual adopted.

The Thresholds, Definitions, Minimum Requirements and Exceptions, Adjustment and Variance criteria found in the 2019 Stormwater Management Manual for Western Washington (hereinafter referred to as the “Ecology Manual”) are hereby adopted and incorporated by this reference. (2021-881 § 2 (Exh. A(2)); Ord. 2017-814 § 2; Ord. 2013-765 § 1; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.070 Authority of the utility.

The utility, by and through the director, shall have the authority to:

A. Develop, adopt, carry out and enforce administrative procedures as needed to implement the program and to carry out other responsibilities of the utility.

B. Prepare and update, as needed, engineering standards to establish minimum requirements for the design and construction of the stormwater system and requirements for protecting existing stormwater facilities during construction. The engineering standards shall be consistent with this chapter and adopted city policies.

C. Administer and enforce this chapter and all procedures relating to the planning, acquisition, design, construction, alteration, inspection, and regulation of the stormwater system.

D. Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including but not limited to latecomer agreements and extension agreements.

E. Prepare, update, administer and enforce maintenance standards to establish minimum requirements for the maintenance of stormwater facilities so they function as intended, including but not limited to protecting water quality, limiting discharge quantity, and providing flood control.

F. Develop and implement a program that includes administration, inspection and enforcement of private stormwater facilities to ensure compliance with this chapter.

G. Advise the city council, city manager and other city departments and commissions on matters relating to this chapter and the utility.

H. Prepare, revise, recommend, and after approval or adoption by the city council, implement and enforce a comprehensive drainage plan, a comprehensive stormwater facilities plan, one or more basin plans, a stormwater management program, and a stormwater capital facilities plan.

I. Establish and implement programs to protect and maintain water quality and to manage stormwater within the stormwater system in order to maintain compliance, to the maximum extent possible, with applicable water quality standards established by the city, or by state or federal agencies, as now or hereafter adopted.

J. Perform periodic financial review and analysis of the utility’s revenues, expenses, indebtedness, rates, and accounting practices, and recommend budgets and financial policy for adoption by the city council.

K. Carry out such other responsibilities as may be required by this chapter or other city ordinances or regulations relating to stormwater.

L. Conduct public education programs related to the protection and enhancement of the drainage system.

M. Delegate, as appropriate, the authority granted under this chapter to meet the goals and purposes of this chapter.

N. Take any emergency or other action as determined appropriate by the director to operate, repair, safeguard and/or protect the drainage system.

O. Coordinate as necessary or advisable with private and public stakeholders, and federal, state, county, city and regional governments. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.075 Emergency conditions requiring immediate action.

Subject to MCMC 15.14.120(B) and (C), whenever it appears to the director that immediate action is necessary to protect the public health, safety, welfare or public resources, the director is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating and correcting such emergency conditions. The director may without prior notice order the immediate discontinuance of any activity leading to the emergency condition. Failure to comply with such order shall constitute a civil violation pursuant to Chapter 14.13 MCMC. The director shall have the authority to determine, implement, and accept any intermediate action addressing the emergency condition pending final resolution, and no such action shall constitute precedence for similar or dissimilar actions in the future. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.080 Emergency disaster plan.

The utility shall prepare and update an emergency plan, as may be necessary or appropriate, and shall present such plan for review and adoption by the city council as part of the city’s overall emergency operation or disaster plan. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.090 Studies and basin plans.

The utility may as appropriate or necessary conduct studies and develop basin plans for review and adoption by the city council. Basin plans shall be developed according to adopted engineering standards. Once a basin plan has been adopted and implemented, such plan shall supersede the requirements of this chapter; provided, that the basin plan and basin-specific requirements provide an equal or greater level of water quality and stormwater control protection. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.095 LID stormwater management.

The use of LID best management practices for stormwater management is required whenever site and soil conditions make it feasible. LID stormwater management techniques include, but are not limited to, bioretention facilities and other BMPs as outlined in the LID Technical Guidance Manual for Puget Sound (current edition) and the Ecology Manual. LID facilities shall be maintained in accordance with the maintenance of low impact development facilities guidelines as interpreted by the city engineer, if applicable. (2021-881 § 2 (Exh. A(3)); Ord. 2017-814 § 2; Ord. 2009-702 § 2 (Exh. C))

15.14.100 Ownership of the stormwater system.

A. The utility shall own all elements of the public stormwater system; provided, that the terms of this chapter are satisfied as to such elements of the public stormwater system.

B. The owner of property on which a private stormwater facility is located shall be deemed the owner of said private stormwater facility, unless ownership has been transferred to another person in accordance with the terms of this chapter.

C. The utility may accept ownership of a private stormwater facility only when all of the following conditions are met:

1. Ownership of the private stormwater facility by the utility would provide a public benefit; and

2. Necessary and appropriate legal rights, as determined by the city attorney, are granted to the utility and recorded in the Snohomish County auditor’s office by the person owning and/or responsible for the private stormwater facility, all at no cost to the utility. Such rights may include but are not limited to permanent access for operation, maintenance, and repair; and

3. The private stormwater facility substantially meets current standards, as determined by the director, or is brought up to applicable standards by the person owning and/or responsible for the private stormwater facility, and is accepted by the director, before transfer of legal rights to the utility; and

4. The utility has adequate resources to thereafter operate and maintain the private stormwater facility.

D. Except as provided above, the utility shall acquire no ownership rights in private stormwater facilities. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.110 Maintenance, repair and operation of the stormwater system.

A. Public Stormwater Facilities. The utility shall be responsible for operating, maintaining, repairing and replacing public stormwater facilities and the public stormwater system.

B. Private Stormwater Facilities. Every property owner and/or person responsible for a private stormwater facility shall be responsible for operating, maintaining, repairing and replacing any private stormwater facility located on said property or under their control. Upon written notice by the utility, a private stormwater facility shall be promptly repaired and/or brought up to applicable standards by the property owner or the person responsible for said facility. If a private stormwater facility serves multiple lots and the responsibility for maintenance has not been specified on a subdivision plat, short plat or other legal document, maintenance, operation and repair responsibility shall rest with the homeowners’ association, if one exists, or otherwise with the properties served by the facility, or finally, with the owners of the property on which the facilities are located.

C. Assumption of Maintenance Responsibility by Utility. The utility may, at its sole discretion, agree to assume the maintenance of a private stormwater facility; provided, that the utility may not agree to maintain any private stormwater facility unless all of the following conditions are met to the director’s satisfaction:

1. Maintenance of the facility by the utility would provide a public benefit; and

2. Necessary and appropriate property rights and access are provided to the utility in accordance with this chapter; and

3. The utility has adequate resources, now and in the foreseeable future, to maintain the facility; and

4. At the time the maintenance of the facility is assumed by the utility, the facility is in good repair and order, and is functioning in the manner that was intended when designed; and

5. The director has obtained a binding agreement, satisfactory to the city attorney, describing the terms and conditions under which the private facility shall be maintained by the utility.

Unless directly caused by the sole negligence of the utility, the utility shall not be responsible for repair or replacement of failed structures, parts, or components of a private stormwater facility (even if the utility has accepted the maintenance of said facility), nor for maintenance or rehabilitation of vegetation (except as may be needed, in the utility’s sole discretion, for the detention and/or water quality function of the facility). Following assumption by the utility of the maintenance of a private stormwater facility, the private property owner(s) shall continue to be responsible for the entire costs of any repair to and/or replacement of the facility.

D. New Private Stormwater Facilities. In new subdivisions, short plats, and binding site plans, operation and maintenance responsibility for private stormwater facilities shall be specified on the face of the subdivision, short plat or binding site plan to the satisfaction of the director before final approval of the subdivision, short plat or binding site plan may be granted.

E. Maintenance Standards. Stormwater facilities shall be maintained so that they function as designed and intended. Maintenance shall be performed in accordance with the utility’s maintenance standards and in accordance with the project operation and maintenance plan, if one is developed pursuant to this chapter. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.120 Inspection of private stormwater facilities.

A. Inspection Program. The utility shall have the authority to periodically inspect private stormwater facilities, including LID stormwater facilities, for compliance with this chapter. The utility will perform inspections only if shoring and other site conditions conform with WISHA safety standards and other safety requirements, as applicable. The utility will inspect private LID stormwater facilities annually to ensure compliance with this chapter and proper functioning of the facility. If the utility finds that LID stormwater facilities are not properly maintained, the owner or responsible party will be billed for labor and materials used to restore the facility to proper functioning.

B. Right of Entry. An authorized representative of the utility may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by the program; provided, that the utility shall first obtain permission from the property owner or person responsible for the premises upon presentation of proper credentials to that person. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry, including but not limited to obtaining an administrative warrant for entry.

C. Right of Entry in Emergency. In the event of an emergency presenting a threat to public health or safety and requiring immediate action by the director under this chapter, the director may enter onto any property without obtaining consent; provided, that as soon as practicable thereafter, the director shall advise the property owner or other responsible person of such entry. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.125 Stormwater easement requirements.

A. When Required. An easement (or other form of legal document) satisfactory to the city attorney is required whenever a private stormwater facility (1) will be built on property owned by a different private party, or (2) will serve two or more properties that are not in common ownership or that will no longer be in common ownership following development or redevelopment, or (3) is desired to be constructed on public property. Public stormwater facilities, including any private stormwater facilities that will be publicly maintained, shall be located in the public right-of-way or on tracts to which the utility has proper access rights.

B. Requirements. All of the following requirements shall be met before the utility may accept and approve any easement for access:

1. The grantor shall have clear title to the property or interest to be conveyed; and

2. The easement shall be compatible with utility clearance standards, setback and access standards, and other existing utilities or easements; and

3. The easement shall provide for adequate access to the stormwater facility for repair and maintenance. When deemed necessary by the director, the easement shall contain provisions for long-term maintenance; and

4. The easement shall prohibit all structures within the easement area except those that can readily be removed by the property owner at the owner’s expense when access to the stormwater facility is required by the utility. If such structures are within the easement area, an agreement to remove the structures on request by the utility, approved by the city attorney, shall be included in the easement; and

5. The easement dimensions and other requirements shall conform with the engineering standards.

C. Costs. The property owner shall pay all costs of preparing, reviewing and recording of the easement or other document.

D. Relinquishment of Easement. An easement granted to the utility may be relinquished by the utility only if the utility determines it is no longer needed for the public benefit and the city council authorizes the relinquishment. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.130 Installation responsibility for new stormwater facilities – Cost.

A. Private Installation. The property owner shall be responsible for installation of all new stormwater facilities required by this chapter. Installation shall only be authorized through an approved permit issued under this chapter.

B. Utility Installation. The utility may, as it determines necessary or advisable and subject to budgetary limitations, install stormwater facilities to facilitate development, coordinate with other city projects, or for other utility purposes, and may recover its costs, including interest, through a facility connection charge.

C. Costs. All installation costs shall be the responsibility of the property owner; provided, that if the utility requires a property owner to install an oversized stormwater facility, the utility will compensate the property owner for the difference in cost between the normally sized facility and the over-sized facility based on the lowest of three bids furnished by the property owner from reputable licensed contractors; and provided further, that a property owner who constructs a public stormwater facility or system extension that directly benefits another property may request a latecomer agreement under MCMC 15.14.220. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.140 Construction of stormwater facilities.

A. General. All construction or modification of a stormwater facility shall comply with this chapter, the engineering standards, the approved stormwater connection permit, the approved plans and specifications, the recommendations of the manufacturer of the materials or equipment used, and any applicable local, state or federal requirements.

B. Failure to Complete Work or Meet Requirements.

1. The utility may continue to work on, or may complete construction of, a stormwater facility, or take steps to restore a site (e.g., backfilling trenches, or restoring the public right-of-way) if:

a. The work does not meet utility requirements;

b. The contractor or person doing the work fails to promptly correct or rectify the condition or work following notification by the utility; and

c. The work, in the reasonable opinion of the director, constitutes a hazard to public safety, health or the stormwater system.

2. Costs incurred by the utility pursuant to this subsection shall be calculated and charged to the property owner or contractor in charge of such work. The property owner shall pay the utility within three days of delivery of written notification to the responsible party or posting of written notification at the location of the work. Such costs shall constitute a civil debt owed to the utility jointly and severally by the persons identified in the notice. The debt shall constitute a lien against the property and may be collected in the same manner as any other civil debt owing to the city or the utility. Without limiting the foregoing, if a bond, surety or other assurance device has been posted for the project, the utility may collect the debt from said bond, surety or other device.

C. Authorized Stormwater Facility Construction. Only the following persons shall be authorized to install stormwater facilities:

1. Drainage connection contractors or other contractors who are properly licensed.

2. Property owners working on their own property; provided, that they have met the requirements of this chapter.

3. Contractors currently under contract with the city if approved for the work by the utility.

4. Contractors who have received approval from the utility to connect roof and footing drains to an existing stub under an appropriate city permit.

5. LID stormwater management facilities shall be constructed by contractors who have received approval from the utility to construct open conveyance systems that are consistent with submitted plans and in accordance with the best management practices in the LID Technical Guidance Manual for Puget Sound (current edition) and the Ecology Manual.

D. Posting of Stormwater Connection Permit. If a stormwater connection permit is required, the permit shall be readily available at the job site for inspection by the utility.

E. Location of Connection. Connection to the stormwater system shall be made at a point approved in writing by the utility.

F. As-Built Drawings. An as-built plan of the stormwater facilities on the site shall be completed in accordance with the utility’s engineering standards, and shall be accepted by the utility prior to the city’s acceptance of the improvements, issuance of a certificate of occupancy or final sign-off by the utility. (2021-881 § 2 (Exh. A(4)); Ord. 2017-814 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.150 Construction and warranty inspections – Bonds.

A. Construction and Installation Inspection. All projects involving construction of new stormwater facilities or connections to or modifications of existing stormwater facilities shall be subject to utility inspection to ensure compliance with the program and any related conditions of permit issuance or project approval. Issuance of any such permit or project approval shall be deemed to include consent by the property owner or other responsible person for all inspection and testing by the utility. Newly installed stormwater facilities shall be inspected, tested and documentation completed according to the utility’s engineering standards. Bonds, sureties, and/or insurance shall be required as set forth in MCMC Titles 14 through 18.

B. For newly installed LID stormwater management facilities, the director of public works or designee may require a two-year maintenance bond to be posted to ensure the viability of LID stormwater management facilities. The bond shall be in accordance with MCMC 16.16.090(B) through (D).

C. Warranty Inspections and Tests. Stormwater facilities and equipment accepted by the utility under specific warranties may be reinspected at the utility’s discretion and, if necessary, shall be repaired by the developer and retested prior to the expiration of the warranty period. Whenever possible, the developer shall assign to the utility any warranties applicable to the stormwater facility. (Ord. 2017-814 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.160 Permits and approvals.

A. General.

1. Applications for permits or approvals under this chapter shall be made by the property owner on forms provided by the utility and shall include all fees and information required by the utility. Agents for a property owner must have proof of authority and be licensed by the city and properly bonded (if applicable).

2. Stormwater connection permits shall require the property owner to build all the stormwater facilities needed to serve the property, including but not limited to conveyance systems, detention/retention facilities, and other system components, and shall incorporate stormwater treatment BMPs.

3. A building permit shall not be approved until all required stormwater connection permits have been issued.

4. When a stormwater connection permit is required to relocate a stormwater facility from under a proposed building, the director shall not approve the building permit until the work to relocate the stormwater facility has been completed and accepted by the utility, unless the building permit is expressly conditioned by the director to require relocation and approval of the relocated stormwater facility prior to commencement of site construction.

B. Stormwater Connection Permit. A stormwater connection permit as defined in MCMC 15.14.050 shall be required to construct stormwater facilities and/or to make any additions, repairs or connections to an existing stormwater facility, unless the work is limited to connection of a single-family residence to an existing stormwater discharge stub and the work is authorized under an appropriate city permit.

C. Other Permits. The property owner shall be responsible to identify and obtain all other permits and/or approvals required for any proposed work, including but not limited to approvals from the Washington State Department of Fish and Wildlife, the Washington State Department of Ecology, the Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the city. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.170 Fees for permits and specific services.

Fees for permits and specific services outlined in this chapter are located within Chapter 3.42 MCMC. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2)

15.14.180 Stormwater system engineering and design requirements.

A. Adoption of Engineering Standards. The director shall prepare and update, as needed, engineering standards to establish minimum requirements for the design and construction of the stormwater system and requirements for protecting existing stormwater facilities during construction. The engineering standards shall be consistent with this chapter, the Ecology Manual and adopted city policies.

B. Applicability.

1. The engineering and design requirements set forth in this section and the Ecology Manual shall apply to all new development and redevelopment. The requirements of this section apply to the entire tax lot or lots being developed.

2. After the adoption of engineering standards, both the engineering standards and the requirements of this section and the Ecology Manual shall apply. In the event of an irreconcilable conflict, the most protective standard(s) shall apply.

C. General Requirements. The following requirements shall apply to all new development or redevelopment:

1. The property owner shall prepare all required designs in accordance with this chapter.

2. Source control BMPs and stormwater treatment BMPs shall be required whenever land use changes are proposed or occur that could generate significant pollutants.

3. All engineering and design work required under this chapter shall be prepared by a civil engineer licensed in the state of Washington, unless this requirement is waived in writing by the director.

4. Engineering and design work shall conform to the engineering standards, Ecology Manual requirements, and generally accepted engineering practices as determined by the director.

5. The director may impose requirements that differ from the requirements of this section if a basin plan or other study adopted by the city identifies the need for such requirements and identifies alternative requirements that provide an equal or greater level of protection than the requirements of this section.

6. LID stormwater management facilities shall be designed and constructed in accordance with the LID Technical Guidance Manual for Puget Sound (current edition) and the Ecology Manual and approved by the city engineer.

7. Subject to approval by the director, a property owner may contribute to stormwater facilities that serve multiple sites in lieu of providing such facility(ies) on-site. (2021-881 § 2 (Exh. A(5)); Ord. 2017-814 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2. Formerly 15.14.190.)

15.14.190 Exceptions to engineering and design requirements.

A. Exception Process. A property owner may seek an exception to the requirements of MCMC 15.14.180 by making a timely written request to the director. No exception may be approved unless written findings and conclusions are adopted that affirmatively address each of the criteria set forth in this section. The property owner shall bear the burden of proof for any requested exception. If a public hearing is required to approve a development proposal for which an exception under this chapter is requested, the project hearing and the request for exception shall be combined; otherwise, the request for exception shall be heard by the hearing examiner pursuant to Chapter 15.04 MCMC.

B. Criteria for Granting Exception. The findings of fact and conclusions required by this section shall affirmatively address all of the following criteria:

1. The exception provides equivalent environmental protection, is clearly in the public interest, and will fully meet the objectives of safety, function, environmental protection and facility maintenance based upon sound engineering practices and principles; and

2. There are special physical circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the property owner of all reasonable economic use of the property, and every effort has been made to find alternative ways to meet the intent and requirements of MCMC 15.14.180; and

3. The granting of the exception will not be detrimental to the public health and welfare, will not be injurious to other properties in the vicinity and/or downstream of the property, and will not be injurious to the quality of the waters of the state; and

4. The exception provides the least possible deviation from the requirements of MCMC 15.14.180. (Ord. 2018-830 § 12; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2. Formerly 15.14.200.)

15.14.200 Connections or modifications to the stormwater system.

Connections to or modifications of the stormwater system, including but not limited to modifying stormwater discharge patterns or constructing or relocating facilities for the treatment, detention, or conveyance of stormwater, shall be allowed only if:

A. Prior written approval has been received from the utility; and

B. All applicable requirements of this chapter and utility procedures have been met; and

C. All applicable engineering standards have been met or alternative standards have been approved by the utility as substantially equal; and

D. The property owner has paid all applicable fees and charges. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2. Formerly 15.14.210.)

15.14.210 Demolition or removal of structures.

No structure or stormwater facility connected to the stormwater system shall be altered, removed, demolished, or otherwise interfered with unless the following steps are first taken:

A. Notify the utility in writing and complete the required application at least 10 days prior to commencement of any work.

B. Verify the location of the existing on-site drainage facilities.

C. Cap connections that are no longer needed.

D. Provide, as necessary and to the extent determined by the director, alternate means of disposing, treating, and controlling stormwater.

E. Comply with the requirements of the program and any other conditions imposed by the director or other city departments. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2. Formerly 15.14.220.)

15.14.220 Latecomer agreements.

A. Authority. The utility may enter into any contract authorized under Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement to property owners who construct public stormwater facilities (commonly known as “latecomer agreements”).

B. Requesting a Latecomer Agreement. A property owner may request a latecomer agreement if the owner constructs a public stormwater facility or system extension that benefits property in addition to the owner’s property and it is not feasible for the owner to include such other property in a stormwater system extension agreement. The written request must be timely made to the director and provide unit costs and all other necessary data before the utility will act on the request.

C. Zone of Benefit. The utility shall determine which properties benefit from the public stormwater facility or system extension and which shall be subject to the latecomer agreement; provided, that the property owner shall then provide any necessary legal descriptions.

D. Cost Allocation. The utility shall determine the method of cost allocation and shall specify such method in the latecomer agreement.

E. Cost to Latecomer. As a condition of connection to the public stormwater facility or system extension, each person owning property subject to the latecomer agreement shall pay, at the time of connection, their pro rata share of the construction costs of the stormwater facility or system extension as specified in the latecomer agreement. Construction costs shall include, without limitation, the costs of design, installation, inspection, construction management, interest and the utility’s project management costs.

F. Recording. The utility shall record the latecomer agreement at the property owner’s expense in the office of the Snohomish County recorder.

G. Duration. Latecomer agreements may be in effect for up to the maximum period allowed by state law.

H. Forwarding Latecomer Payment. While the latecomer agreement is in effect, the utility shall collect the latecomer payments and forward them to the property owner entitled to reimbursement, all to be specified in the agreement. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2. Formerly 15.14.230.)

15.14.230 Discharge of polluting matter prohibited.

A. Discharge of Polluting Matter Prohibited. No person shall discharge, directly or indirectly, any organic or inorganic matter into the stormwater system that may cause or tend to cause pollution. Without limiting the foregoing, the following materials shall be deemed to be pollutants when the discharge of such material causes or results in pollution:

1. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil and heating oil.

2. Trash or debris.

3. Pet wastes.

4. Chemicals.

5. Paints.

6. Steam cleaning wastes.

7. Washing of fresh concrete for cleaning and/or finishing purposes or to expose aggregates.

8. Laundry wastes.

9. Soaps and detergents.

10. Pesticides, herbicides, or fertilizers.

11. Sanitary sewage.

12. Heated water from pools, spas, etc.

13. Chlorinated water or chlorine.

14. Degreasers and/or solvents.

15. Tree bark and other fibrous material or ground cover.

16. Antifreeze or other automotive products.

17. Lawn clippings, leaves, or branches.

18. Animal carcasses.

19. Sediment, silt, sand, etc.

20. Acids or alkalis.

21. Recreational vehicle wastes.

22. Dyes.

23. Construction materials.

B. Discharge of Pollutants – Liability for Expenses Incurred by the Utility. Any person responsible for a pollutant discharge into the stormwater system shall be responsible for the costs and expenses incurred by the utility in carrying out any pollutant abatement or restoration procedures, including the collection, removal, containment, treatment or disposal of pollutant materials, and including all personnel, legal and other costs and expenses. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2. Formerly 15.14.240.)

15.14.240 Violations – Penalties.

Any violation of this chapter constitutes a separate violation for which a monetary penalty may be assessed and abatement may be required. The city shall seek compliance with and enforcement of this chapter under the provisions of Chapter 14.13 MCMC. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2; Ord. 2000-498 § 2. Formerly 15.14.250.)