Chapter 13.10
SURFACE WATER MANAGEMENT CODE*

Sections:

13.10.010    Scope.

13.10.020    Purposes.

13.10.030    Definitions.

13.10.040    Surface water design manual adopted.

13.10.050    Repealed.

13.10.060    Drainage review.

13.10.070    Drainage review – Requirements.

13.10.080    Critical drainage and/or erosion areas.

13.10.085    Low impact development (LID).

13.10.090    Engineering plans for the purposes of drainage review.

13.10.100    Construction timing and final approval.

13.10.105    Inspections.

13.10.110    Notification to tribes.

13.10.120    Liability insurance required.

13.10.130    Financial guarantees.

13.10.140    Drainage facilities accepted for maintenance.

13.10.150    Drainage facilities not accepted for maintenance.

13.10.155    Maintenance and inspection of LID facilities.

13.10.160    Hazards.

13.10.170    Administration.

13.10.180    Enforcement.

13.10.190    Liberal construction.

* Prior legislation: Ords. 22, 29 and 99-192.

13.10.010 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 the surface water design 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. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.020 Purposes.

The council finds this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of surface and stormwaters 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, native vegetation, recreation, education and urban separation. The council also finds that the city shall conduct programs to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; make LID the required and commonly used approach to site development; minimize stormwater runoff; minimize impervious surfaces; 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. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.030 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

A. “Adjustment” means a department-approved variation in the application of the requirements of NMC 13.10.070 and the surface water design manual to a particular project in accordance with NMC 13.10.070(C). The term “adjustment” replaces “variance” which had been used in prior editions of the surface water design manual.

B. “Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement in an eminent domain proceeding, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.

C. “Basin” means geographic area that contains and drains to a stream, river, or nonflowing water body named and noted on common maps, such as Lake Washington, Lake Boren, Coal Creek, or May Creek.

D. “Closed depression” means an area greater than 5,000 square feet at overflow elevation, which is low-lying and either has no, or such a limited, surface water outlet that during storm events the area acts as a retention basin.

E. “Construct or modify” means to install a new drainage pipe or ditch or make improvements to an existing drainage pipe or ditch (other than routine maintenance, repair, or emergency modifications, and excluding driveway culverts installed as part of single-family residential building permits) that either serves to concentrate previously unconcentrated surface and stormwater runoff, or serves to increase, decrease and/or redirect the conveyance of surface and stormwater runoff.

F. “Conveyance system” means the drainage facilities and features, both natural and constructed, which collect, contain and provide for the flow of surface and stormwater from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels and most flow control and water quality treatment facilities.

G. “Department” means the city of Newcastle department of public works.

H. “Development” means any activity that requires a permit or approval including, but not limited to, a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, planned unit development, binding site plan, site plan review, site development permit or right-of-way use permit.

I. “Director” means the city of Newcastle director of the department of public works, or any duly authorized representative of the city of Newcastle.

J. “Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include, but not be limited to, constructed or engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control or water quality treatment facilities, erosion and sediment control facilities and other structures and appurtenances that provide for drainage.

K. “Drainage review” means an evaluation by city staff of a proposed project’s compliance with the drainage requirements in the surface water design manual.

L. “Erosion and sediment control” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation and ensure that sediment-laden water does not leave the site.

M. “Financial guarantee” means a form of financial security posted to ensure timely and proper completion of improvements, to ensure compliance with this chapter, and/or to warranty materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposits, surety bonds and/or other forms of financial security acceptable to the city. For the purposes of this chapter, the terms “performance guarantee” and “maintenance guarantee” are considered subcategories of “financial guarantee.”

N. “Hard surface” is an impervious surface, a permeable pavement, or a vegetated roof.

O. “Impervious surface” means a nonvegetated surface which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or causes water to run off the surface in 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, roofs; walkways; patios; driveways; parking lots; storage areas; areas which are paved, graveled or made of packed or oiled earthen materials; or other surfaces which similarly impede the natural infiltration of surface and stormwater. Open uncovered flow control or water quality treatment facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded but shall be considered impervious surfaces for purposes of runoff modeling.

P. “Improvement” means buildings, streets (with or without curbs or gutters), driveways, sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, landscaping and other similar items.

Q. “Land disturbing activity” means an activity that results in a change to the existing soil cover, both vegetative and nonvegetative, or to the existing soil topography. Land disturbing activity includes, but is not limited to, demolition, construction, clearing, grading, filling, excavation and compaction. Land disturbing activity does not include tilling conducted as part of agricultural practices, landscape maintenance, or gardening.

R. “Low impact development (LID)” means a stormwater management and land use management strategy that strives to mimic predisturbance 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.

S. “Maintenance” means those usual activities taken to prevent a decline, lapse, or cessation in the use of currently serviceable structures, facilities, equipment, or systems, if there is no expansion of the structure, facilities, equipment or system, and there are no significant hydrologic impacts. Maintenance includes the repair or replacement of nonfunctional facilities or the replacement of existing structures with different types of structures, if the repair or replacement is required by one or more environmental permits or to meet current engineering standards and the functioning characteristics of the original facility or structure are not changed.

T. “Master drainage plan” means a comprehensive drainage control plan intended to prevent significant adverse impacts to the natural and constructed drainage system, both on and off site.

U. “Native vegetation retention area (NVRA)” means an encumbered portion of a site protecting existing trees and vegetation used to satisfy landscape screening requirements on a project. The NVRA may not extend property lines unless the adjoining property is included within the boundaries of the initial permit.

V. “New impervious surface” means the addition of a nonvegetated surface such as pavement, gravel, dirt, or roofs, or the addition of a more compacted surface such as the paving of preexisting dirt or gravel.

W. “New pervious surface” means the conversion of a native surface to a nonnative pervious surface, such as pasture land, grassland, cultivated land, lawn, landscaping, or bare soil, or any alteration of existing nonnative pervious surface that results in increased surface water runoff as defined in the surface water design manual.

X. “Pollution-generating impervious surface” means an impervious surface considered to be a significant source of pollutants in surface and stormwater runoff. Such surfaces include those subject to vehicular use or storage of erodible or leachable materials, wastes or chemicals and which receive direct rainfall or the run-on or blow-in of rainfall. Thus, a covered parking area would be included if runoff from uphill could regularly run through it or if rainfall could regularly blow in and wet the pavement surface. Metal roofs are also considered pollution-generating impervious surfaces unless they are treated to prevent leaching.

Y. “Pollution-generating pervious surface” means a nonimpervious surface with vegetative ground cover subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and landscaped areas of residential or commercial sites, golf courses, parks and sports fields.

Z. “Project” means any proposed action to alter or develop a site which may also require drainage review.

AA. “Project site” means that portion of a property, properties, or rights-of-way subject to land disturbing activities, new hard surfaces, or replaced hard surfaces.

BB. “Redevelopment project” means a project that proposes to add, replace and/or alter impervious surface for purposes other than a residential subdivision or maintenance, on a site that is already substantially developed in a manner consistent with its current zoning or with a legal nonconforming use or has 35 percent or more existing impervious surface coverage.

CC. “Replaced impervious surface” means: (1) for structures, the removal and replacement of any exterior impervious surfaces or foundations; and (2) for other impervious surfaces, the removal down to bare soil or base course and replacement.

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

EE. “Shared facility” means a drainage facility designed to meet one or more of the requirements of NMC 13.10.070 for two or more separate projects contained within a basin. Shared facilities usually include shared financial commitments for those drainage facilities.

FF. “Site” means the legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from the city to carry out a development activity including any drainage improvements required by this chapter.

GG. “Subbasin” means the geographic area which drains to a watercourse or water body named and noted on common maps and which is contained within a basin.

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

II. “Surface water design manual” means the manual and referenced documents describing surface and stormwater design and analysis requirements, procedures and guidance adopted in accordance with NMC 13.10.040.

JJ. “Water quality treatment facility” means a drainage facility designed to reduce pollutants once they are already contained in surface and stormwater runoff. Water quality treatment facilities are the structural component of best management practices (BMPs). When used singly or in combination, water quality facilities reduce the potential for contamination of surface and/or ground waters. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2001-247 § 2; Ord. 99-207 § 1).

13.10.040 Surface water design manual adopted.

A. The city adopts the 2016 King County Surface Water Design Manual as the surface water design manual for the city.

B. The city adopts the City of Newcastle Surface Water Design Manual Addendum as the city’s amendments to the manual adopted in subsection (A) of this section. If any inconsistencies exist between the requirements in this chapter and the surface water design manual, the requirements in this chapter shall apply. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.050 Copy to be available.

Repealed by Ord. 2009-417. (Ord. 99-207 § 1).

13.10.060 Drainage review.

A. When Required. A drainage review is required when any proposed project is subject to a city development permit or approval, and the proposed project:

1. Would result in 2,000 square feet or more new plus replaced impervious surface;

2. Would involve 7,000 square feet or more land disturbing activity;

3. Would construct or modify a drainage pipe or ditch that is 12 inches or more in size or depth or receives surface and stormwater runoff from a drainage pipe or ditch that is 12 inches or more in size or depth;

4. Is located in a critical drainage area;

5. Is a redevelopment project proposing $100,000 or more of improvements to an existing high-use site;

6. Is a redevelopment project on a site where the total of new plus replaced impervious surface is 5,000 square feet or more, and whose valuation of proposed improvements – including interior improvements and excluding required mitigation and frontage improvements – exceeds 50 percent of the assessed value of the existing site improvements; or

7. Contains or is adjacent to a flood hazard zone, stream, lake, wetland or closed depression, or a sensitive area as defined in Chapter 18.06 NMC excluding seismic, coal mines and volcanic hazard areas.

B. Type of Drainage Review. The drainage review for any proposed project shall be targeted to the project’s size, type of development, and potential for impacts to the regional surface and stormwater system. If drainage review for a proposed project is required by subsection (A) of this section, the city shall determine, based on information provided by the applicant, which of the following drainage reviews apply as specified in the surface water design manual:

1. Small site drainage review;

2. Targeted drainage review;

3. Full drainage review;

4. Large site drainage review. (Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.070 Drainage review – Requirements.

A. Core Requirements. Every permit or approval application with drainage review required by NMC 13.10.060 must meet the core requirements in detail in the surface water design manual and the following area-specific requirements:

1. All proposed projects draining to Lake Boren shall meet the sensitive lake protection treatment goal of 50 percent annual average total phosphorus removal using the treatment menu specified in the surface water design manual; and

2. Based on recommendations in the May Creek Basin Action Plan, all proposed projects draining to Lake Boren shall be subject to Level 3 flow control, as described in the surface water design manual.

B. Special Requirements. Every proposed project required by NMC 13.10.060 to have drainage review shall meet all of the special requirements described in Section 1.3 of the surface water design manual which apply to the site.

C. Adjustment.

1. An adjustment to the requirements contained in this section and/or other requirements in the surface water design manual may be proposed; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter; and provided, that granting the adjustment shall:

a. Produce a compensating or comparable result in the public interest;

b. Meet this chapter’s objectives of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.

2. If producing a compensating or comparable result in the public interest will deny all reasonable use of a property, the best practicable alternative shall be obtained, as determined by the director based on information provided by the applicant, according to the adjustment process defined in the surface water design manual.

3. Requests for adjustments shall be processed in accordance with procedures specified in the surface water design manual.

4. The city may require monitoring of experimental designs and technology or untested applications proposed by the applicant in order to determine whether the design or technology will produce a compensating or comparable result in the public interest and meet this chapter’s objectives of safety, function, appearance, environmental protection and maintainability.

5. The applicant may request reconsideration of an adjustment decision by following the procedures as specified in the surface water design manual. (Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.080 Critical drainage and/or erosion areas.

Development in areas where the city 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 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. (Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.085 Low impact development (LID).

A. Applicability. For projects below the drainage review thresholds in NMC 13.10.060, but where new or replaced impervious surface is proposed, LID best management practices (BMPs) should be used as the first option for managing stormwater on site. LID BMPs should be designed and constructed in accordance with the latest adopted version of the surface water design manual or the latest version of the LID Technical Guidance Manual for Puget Sound as described in subsection (B) of this section.

For projects requiring drainage review under NMC 13.10.060, the flow control BMPs in the surface water design manual shall be applied and the remainder of this section is not applicable.

B. General Requirements. Stormwater generated on site from new or replaced impervious surface should be managed through any combination of the LID/flow control BMPs below unless site and soil conditions make LID infeasible:

1. Disperse Stormwater into a Native Vegetation Retention Area. Stormwater dispersion should comply with the design standards set forth in the surface water design manual.

2. Rain Gardens and Bioretention Areas. All rain gardens and bioretention areas should be designed and constructed in substantial conformance with the surface water design manual.

3. Roof Downspout Infiltration Systems. Roof downspout infiltration systems should be designed and constructed in accordance with the surface water design manual.

4. Pervious Surfacing Materials and Reduced Driveway Length. Pervious pavement should be designed and constructed according to the surface water design manual or as per the manufacturer’s specifications (if the pervious pavement is a proprietary product).

5. Roof Rainwater Harvesting. Rainwater harvesting techniques should follow the standards in the surface water design manual.

6. Green Roof. Green roofs should be designed and constructed in accordance with the surface water design manual and other appropriate codes.

7. Minimal Excavation Foundation System. All minimal excavation foundations should be designed and constructed using the current edition of the LID Technical Guidance Manual for Puget Sound, or as per the manufacturer’s specifications and other appropriate codes. (Ord. 2009-417 § 2 (Att. 1)).

13.10.090 Engineering plans for the purposes of drainage review.

A. All engineering plans subject to drainage review under NMC 13.10.060 and master drainage plans, if required, shall be submitted to the city for review and processing in accordance with the surface water design manual. The master drainage plan process should commence at the same time as the State Environmental Policy Act (SEPA) process.

B. Applicability. Project applicability and compliance with NMC 13.10.070 shall be documented in writing and made available for review.

C. Expiration. The expiration time frames as specified in the surface water design manual shall apply to all permit and approval applications.

D. Contents. All submittal procedures, definitions and specifications for the required contents of engineering plans are presented in the surface water design manual. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.100 Construction timing and final approval.

A. No work related to permanent or temporary storm drainage control shall begin without the approval of the director.

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

1. Designed in accordance with the surface water design manual;

2. 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;

3. Inspected and maintained throughout construction in accordance with the inspection and maintenance standards outlined in the surface water design manual; and

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

C. A copy of the erosion and sediment control plan and erosion and sediment control report shall be kept at the project site throughout all phases of construction.

D. Prior to the construction of any improvements and/or buildings on the site, those portions of the drainage facilities necessary to accommodate the control of surface and stormwater runoff discharging from the site shall be constructed and in operation. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.105 Inspections.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the city has reasonable cause to believe that there exists a condition which may violate the provisions of this chapter, the city may enter the building or premises at all reasonable times to perform an inspection, following the right of entry procedures in NMC 4.05.040. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

13.10.110 Notification to tribes.

The city recognizes that many actions undertaken pursuant to this chapter may impact treaty fishing rights of federally recognized tribes. In order to honor and prevent interference with these treaty fishing rights and to provide for water quality and habitat preservation, the city shall provide notice to any federally recognized tribes whose treaty fishing rights would be affected by an action undertaken pursuant to this title whenever review of such actions is required under the State Environmental Policy Act (SEPA). (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.120 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 annually by the city, 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 occurs last. Proof of this required liability policy shall be provided to the city 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 NMC Title 4. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.130 Financial guarantees.

A. The city is authorized to require all applicants issued permits or approvals under the provisions of this chapter to post financial guarantees consistent with the provisions of this section.

B. Performance Bond. Prior to commencing construction, the person required to construct the drainage facility pursuant to this chapter shall post a performance bond in the amount sufficient to cover the cost of corrective work on or off the site which is necessary to provide adequate drainage, stabilize and restore disturbed areas, and remove sources of hazard associated with work which has been performed and is not completed. Prior to final approval, the city shall conduct a comprehensive inspection for the purpose of observing that the retention/detention facilities and other drainage facilities have been constructed according to plan, applicable specifications and standards. After determination by the city that all facilities are constructed in compliance with approved plans, the performance bond shall be released. The city may collect against the performance bond when work is not completed in a manner consistent with the requirements of this chapter or is found to be in violation of the conditions associated with the permit and/or approval. It is the city’s discretion to determine whether the site is in violation of the requirements of this chapter, and whether the bond shall be collected to remedy the violation.

C. Maintenance Bond. After satisfactory completion of the drainage facility or final plat approval, whichever occurs last, the person required to construct the facility pursuant to this chapter shall post a maintenance bond warranting the satisfactory performance and maintenance of the drainage facility and guaranteeing the workmanship and materials used in the construction of the facility for a period of two years. For drainage facilities for which the city may assume maintenance, the maintenance bond shall be posted for a period of two years or until the city assumes maintenance, whichever is longer. The city shall not release the maintenance bond until all inspection fees are paid.

D. Default. In the event of failure to comply with all the conditions and terms of the permit and/or approval covered by this chapter, the city shall notify the applicant and guarantor in writing of the default. If satisfactory assurance is not received by the city within a time period determined by the director that conditions will be appropriately corrected, the city may order the applicant to perform all necessary corrective work, and/or demand payment on the financial guarantee. In the event of a default, the city may contract with a third party to complete work required pursuant to this title.

E. The guarantor shall be responsible, up to the limits of the financial guarantee, for the payment of any and all necessary costs and expenses that have been or will be incurred or expended by the city in causing any and all such required work to be done. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.140 Drainage facilities accepted for maintenance.

A. The city may assume maintenance of privately maintained drainage facilities only if the following conditions have been met:

1. All necessary easements or dedications entitling the city to properly maintain the drainage facility have been conveyed to the city.

2. The city has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:

a. Flooding;

b. Downstream erosion;

c. Property damage due to improper function of the facility;

d. Safety hazard associated with the facility;

e. Degradation of water quality or in-stream resources; or

f. Degradation to the general welfare of the community.

3. The city determines that it has the resources and capability to maintain the facilities.

4. The city has declared in writing acceptance of maintenance responsibility by the city. Copies of this document will be kept on file in the department.

B. The city may terminate the department’s assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community.

C. A drainage facility which does not meet the criteria of this section shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.150 Drainage facilities not accepted for maintenance.

A. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the department, and remain responsible for any liability as a result of these duties.

B. Prior to the issuance of any permits for any project required to have a flow control or water quality treatment facility, the applicant shall record a declaration of covenant as specified in the surface water design manual. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County department of records. In the event that the titleholders do not effect maintenance and/or repairs, the city may perform such work upon due notice. The titleholders are required to reimburse the city for any such work.

C. The person or persons holding title to the subject property shall make annual inspections to determine the condition and maintenance needs of privately owned surface and stormwater facilities. Inspection records and records of maintenance and/or repairs performed on the facility shall be maintained by the person or persons holding title to the subject property for a period of five years. Inspection and maintenance records shall be submitted to the city upon request.

D. Prior to the issuance of any permits and/or approvals for the project or the release of financial guarantees posted to guarantee satisfactory completion, the applicant shall pay a fee as determined by the department to reasonably compensate the city for costs relating to inspection of the facility to ensure that it has been constructed according to plan and applicable specifications and standards. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.155 Maintenance and inspection of LID facilities.

LID facilities on private property shall be maintained by the responsible party in accordance with the maintenance standards in the surface water design manual and the Maintenance of LID Facilities guide, revised January 2007, and available from the Puget Sound Partnership. The city reserves the right to annually inspect all LID stormwater management facilities to ensure proper functioning, including private LID stormwater management facilities. If the city finds during the annual inspection that LID stormwater management facilities have not been properly maintained, the city will conduct any necessary maintenance and bill the appropriate party for labor and materials. As determined by the city, some LID facilities may require more frequent inspection. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

13.10.160 Hazards.

Whenever the city 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 rights-of-way, utilities, and/or other property owned or maintained by the city, the city shall notify the property owner and/or responsible party in writing. Said person, upon receipt of notice in writing from the city and within the period specified therein, shall repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

Should the city have reasonable cause to believe that the situation is so adverse as to preclude written notice, the city may take the measures necessary to eliminate the hazardous situation. In such instances the property owner and/or responsible party 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 shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.170 Administration.

A. Administration. The director is authorized to promulgate and adopt administrative rules for the purpose of implementing and enforcing the provisions of this chapter.

B. Access. Proper ingress and egress shall be provided to the city to inspect, monitor or perform any duty imposed upon the city by this chapter. The city 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 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. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.180 Enforcement.

The city is authorized to enforce the provisions of this chapter pursuant to the enforcement and penalty provisions of NMC Title 4. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).

13.10.190 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. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 99-207 § 1).