4-6-030 DRAINAGE (SURFACE WATER) STANDARDS:

A. PURPOSE:

1. The purpose of this Section is to preserve the City’s watercourses by minimizing water quality degradation from siltation, sedimentation and pollution of creeks, streams, rivers, lakes and other bodies of water, protect property from increased runoff rates, and to ensure public safety.

2. It shall also be the purpose of this Section to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent water quality degradation through permit review, construction inspection, enforcement, and maintenance of drainage facilities/systems.

3. It shall also be the purpose of this Section to regulate the Municipal Separate Storm Sewer System (MS4) regarding the contribution of pollutants, consisting of any material other than stormwater, including but not limited to illicit discharges, illicit connections and/or dumping into any storm drain system, including surface and/or groundwater throughout the City that would adversely impact surface and groundwater quality of the City and the State of Washington, in order to comply with requirements of the National Pollutants Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit.

4. It shall also be the purpose of this Section to create attractive and functional drainage facilities that do not reduce public safety. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015)

B. ADMINISTERING AND ENFORCING AUTHORITY:

The Administrator of the Public Works Department is responsible for the general administration and coordination of this Section. All provisions of this Section shall be enforced by the Administrator or his or her designated representatives. (Ord. 5526, 2-1-2010)

C. ADOPTION OF SURFACE WATER DESIGN MANUAL:

The 2016 King County, Washington, Surface Water Design Manual as amended by the City of Renton Amendments to the King County Surface Water Design Manual, dated December 12, 2016, is adopted by reference and referred to hereafter as the Surface Water Design Manual. The Surface Water Design Manual shall be filed with the City Clerk and available for viewing on the City’s website. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

D. REVIEW REQUIRED:

Drainage review is required when any proposed project is subject to a City of Renton development permit or approval and:

1. Would result in two thousand (2,000) square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or

2. Would involve seven thousand (7,000) square feet of land disturbing activity; or

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

4. Contains or is abutting a critical area designation, defined and regulated in RMC 4-3-050; or (Ord. 5676, 12-3-2012)

5. Is a single family residential development that would result in new impervious surface, replaced impervious surface or new plus replaced impervious surface. (Ord. 5526, 2-1-2010; Ord. 5828, 12-12-2016)

E. DRAINAGE REVIEW:

1. Scope of Review: The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of development and potential for stormwater impacts to the surface water and groundwater to facilitate the preparation and review of project applications. If drainage review for a proposed project is required, the City shall determine which of the following drainage reviews apply as specified in the Surface Water Design Manual:

a. Simplified drainage review (also known as small project drainage review);

b. Targeted drainage review;

c. Directed drainage review;

d. Full drainage review;

e. Large project drainage review.

2. Core Requirements: A proposed project required to have drainage review must meet each of the following core requirements which are described in detail in the Surface Water Design Manual. Projects subject only to small project drainage review (also known as residential building permit drainage review) that meet the small project drainage requirements specified in the Surface Water Design Manual, including flow control best management practices, erosion and sediment control measures, and drainage plan submittal requirements are deemed to comply with the following core requirements:

a. Core Requirement No. 1: discharge at the natural location;

b. Core Requirement No. 2: off-site analysis;

c. Core Requirement No. 3: flow control facilities;

d. Core Requirement No. 4: conveyance system;

e. Core Requirement No. 5: construction stormwater pollution prevention;

f. Core Requirement No. 6: maintenance and operations;

g. Core Requirement No. 7: financial guarantees and liability;

h. Core Requirement No. 8: water quality facilities; and

i. Core Requirement No. 9: flow control BMPs.

3. Special Requirements: A proposed project required to have drainage review shall meet any of the following special requirements which apply to the site and which are described in detail in the Surface Water Design Manual. The City shall verify if a proposed project is subject to and must meet any of the following special requirements:

a. Special Requirement No. 1: other area specific requirements;

b. Special Requirement No. 2: flood hazard delineation;

c. Special Requirement No. 3: flood protection facilities;

d. Special Requirement No. 4: source control;

e. Special Requirement No. 5: oil control; and

f.  Special Requirement No. 6: aquifer protection area. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5828, 12-12-2016)

F. CREATION OF TRACTS AND/OR EASEMENTS:

1. Method of Creation for City-Maintained Facility for New Residential Subdivisions with Drainage Facilities That Collect Public Runoff: New residential subdivisions shall place stormwater flow control and water quality treatment ponds, vaults and other similar drainage facilities, along with the required perimeter landscaping, in a stormwater tract that is granted and conveyed with all ownership and maintenance obligations (excluding maintenance of the drainage facilities) to the subdivision’s lot owners, their assigns, heirs, and successors. An easement under and upon said tract shall be dedicated to the City for the purpose of operating, maintaining, improving, and repairing the drainage facilities contained in the stormwater tract. Only the chain link fence (if required by subsection G of this Section), flow control, water quality treatment and conveyance facilities will be considered for formal acceptance and maintenance by the City; maintenance of all other improvements and landscaping in said stormwater tract shall be the responsibility of the tract owner(s).

a. Covenants, Conditions and Restrictions: Covenants, conditions and restrictions, which are approved by the Administrator, shall be recorded with the King County Recorder’s Office prior to or concurrent with recording the plat. The applicant shall provide a copy of the recorded document. These covenants shall specify, at a minimum, the following:

i. Ownership, maintenance, and repair for the commonly owned tract, landscaping, and facilities (excluding maintenance of the drainage facilities); and

ii. No modification of the tract or landscaping within the tract shall be allowed without the City’s prior written approval.

iii. These covenants shall be irrevocable and binding on all the property owners, including their assigns, heirs, and successors. (Ord. 5828, 12-12-2016)

b. Stormwater Easement: A stormwater easement shall be granted and conveyed to the City of Renton for the purpose of conveying, storing, managing and facilitating storm and surface water. The easement shall grant the City the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing the drainage facilities in the stormwater tract.

2. Method of Creation for Privately Maintained Facility: As determined by the City, other types of new development shall create stormwater facilities either within an easement or within a tract not dedicated to City. In the case of a tract, the developer and successors shall own the tract and associated development site with an equal and undivided interest.

3. Method of Creation for Other Developments: As determined by the City, the City may take over maintenance of the drainage facilities located within either an easement to the City or within a tract owned by the developer and his successors in ownership together with an easement to the City. (Ord. 5749, 1-12-2015)

G. ADDITIONAL REQUIREMENTS FOR FENCING AND LANDSCAPING:

1. Landscaping: Landscaping shall be consistent with the provisions of Section 5.3 of the Surface Water Design Manual, except that within the City of Renton, landscaping of drainage facilities is not optional; it is required. Additionally, landscaping shall comply with the requirements of RMC 4-4-070F8, Storm Drainage Facilities.

2. Fencing around New or Expanded Storm Drainage Ponds and Signage Required: All flow control and water quality treatment ponds and similar facilities, as determined by City, shall be fenced with a six-foot (6') tall chain link fence and access gate(s). Fencing is required immediately outside each new stormwater flow control and/or water quality treatment pond and other similar facilities, as determined by City. For stormwater ponds, the fence shall be placed at the top of the berm with the maintenance access road on the inside of the fence; or five feet (5') minimum from top of berm if there is no maintenance access road to allow access for proper maintenance of the facility.

The chain link fence shall be coated with black or green bonded vinyl and installed as determined by the City between the facility and the required landscaping. Unless otherwise determined by the City, the fence gate must be posted with a twelve-inch (12") by eighteen-inch (18") “No Trespassing” sign.

Cedar or other fencing materials may be installed only if the stormwater facility is a privately maintained facility that is owned and operated by the owner(s) of the tract. (Ord. 5828, 12-12-2016)

3. Maintenance of Existing Facilities Required: Owners of existing drainage facilities not maintained by the City are required to continue to maintain existing landscaping and fencing. Replacement of deteriorated fencing and failed plantings is required. (Ord. 5749, 1-12-2015)

H. REQUIREMENTS FOR DRAINAGE REVIEW:

All persons applying for drainage review as specified in subsection E1 of this Section shall submit to the Development Services Division all engineering plans for review in accordance with the Surface Water Design Manual. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer registered and licensed in the State of Washington. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015)

I. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL:

The April 2016 King County Stormwater Pollution Prevention Manual, hereby referred to as the Stormwater Pollution Prevention Manual, is hereby adopted by reference. One copy of the manual shall be filed with the City Clerk. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

J. DISCHARGE PROHIBITION:

1. Prohibition of Illicit Discharge: Materials, whether or not solids or liquids, other than surface water and stormwater shall not be spilled, leaked, emitted, discharged, disposed or allowed to escape into the storm sewer and/or drain system, surface water, groundwater, or watercourses.

a. Examples of illicit discharge include but are not limited to the following:

i. Trash, debris or garbage;

ii. Construction materials or wastewater;

iii. Petroleum products, including but not limited to oil, gasoline, greases, fuel oil or heating oil;

iv. Antifreeze, brake fluid, windshield cleaner and other automotive products;

v. Metals in either particulate or dissolved form;

vi. Flammable or explosive materials or substances;

vii. Radioactive materials;

viii. Acids or batteries of any kind;

ix. Alkalis or bases;

x. Paints, stains, resins, lacquers, or varnishes;

xi. Degreasers, solvents or chemicals used in laundries or dry cleaners;

xii. Drain cleaners;

xiii. Pesticides, herbicides and fertilizers;

xiv. Steam cleaning wastes;

xv. Soaps, detergents, ammonias;

xvi. Swimming pool or spa cleaning wastewater and filter backwash containing water disinfectants (chlorine, bromine, or other chemicals);

xvii. Heated water;

xviii. Domestic animal waste;

xix. Sewage;

xx. Recreational vehicle wastewater or sewage;

xxi. Animal carcasses;

xxii. Food waste;

xxiii. Bark and other fibrous material;

xxiv. Collected lawn clippings, leaves, branches or other yard waste material;

xxv. Silt, sediment or gravel;

xxvi. Dyes, except as stated in subsection J1bxiii of this Section;

xxvii. Chemicals not normally found in uncontaminated water;

xxviii. Wastewater or process water (including filtered or purified);

xxix. Any pollution or contaminant as referenced in the Stormwater Pollution Prevention Manual; and

xxx. Any hazardous material as defined in RMC 4-11-080, or waste not listed above and any other process-associated discharge except as otherwise allowed in this Section. (Ord. 5828, 12-12-2016)

b. Allowable Discharges: The following types of discharges shall not be considered illicit discharges by this Section unless the Administrator evaluates and determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution of surface water or groundwater:

i. Diverted stream flows;

ii. Spring water;

iii. Rising groundwater;

iv. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(b)(20));

v. Uncontaminated pumped groundwater;

vi. Foundation and footing drains;

vii. Uncontaminated water from crawl space pumps;

viii. Air conditioning condensation;

ix. Flows from riparian habitats and wetlands;

x. Discharges from emergency fire fighting activities in accordance with the Western Washington Phase II Municipal Stormwater Permit Section S2, Authorized Discharges;

xi. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety;

xii. Irrigation water from an agricultural source that is commingled with stormwater runoff;

xiii. Storm system dye testing is allowable, but requires verbal notification to the Public Works Department at least one day prior to the date of the test. The City is exempt from this requirement;

xiv. Non-stormwater discharges authorized by another NPDES or State Waste Discharge Permit. (Ord. 5828, 12-12-2016)

c. Conditionally Allowable Discharges: These discharges are allowed if the stated conditions are met, unless the Administrator determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution to surface water or groundwater:

i. Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4;

ii. Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized through, at a minimum, public education activities and water conservation efforts;

iii. Dechlorinated swimming pool, spa, and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4;

iv. Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents. The discharges shall be minimized through, at a minimum, public education activities and/or water conservation efforts;

v. Non-stormwater discharge permitted under another NPDES permit; provided, that the discharge is in full compliance with all requirements of the permit, waiver, or other applicable requirements and regulations;

vi. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the City/Administrator or designee, which addresses control of such discharges.

d. A person does not violate this subsection J if:

i. That person has properly designed, constructed, implemented and is maintaining BMPs as required by this Chapter and Section, but contaminants continue to enter surface and stormwater and underground water;

ii. That person can demonstrate that there are no additional contaminants in discharges from the site above the background conditions of water entering the site;

iii. The discharge is a result of an emergency response activity or other action that must be undertaken immediately or within a time too short to allow full compliance with this Chapter or Section in order to avoid an imminent threat to public health or safety. The Administrator by public rule may specify actions that qualify for this exemption in City procedures. A person undertaking emergency response activities shall take steps to assure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs to restrict recurrence.

e. Any person who knowingly allows or permits any prohibited discharges, as set forth in this subsection J or the Stormwater Pollution Prevention Manual, through illicit connections, dumping, spills, improper maintenance of BMPs or other discharges, that allow contaminants to enter surface and stormwater or groundwater, shall be in violation of this Section.

2. Prohibition of Illicit Connections: The construction, use, maintenance or continued existence of any connection identified by the Administrator, that may convey any pollution or contaminants or anything not composed entirely of surface water and stormwater, directly into the MS4, is prohibited, including without limitation, existing illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 5676, 12-3-2012)

3. Remedy:

a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall initiate and complete all actions necessary to remedy the effects of such connection or discharge at no cost to the City.

b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property on which the illicit connection or illicit discharge has occurred fails to address the illicit connection or illicit discharge in a timely manner, the Administrator shall have the authority to implement removal or remedial actions following lawful entry upon the property. Such actions may include, but not be limited to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of the illicit discharge, and remediation of soil and/or groundwater. The property owner and/or other person responsible for the release of an illicit discharge shall be responsible for any costs incurred by the Public Works Department or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the illicit connection or illicit discharge, including but not limited to removal and/or remedial actions in accordance with RMC 1-3-3.

c. Compliance with this subsection shall be achieved through the implementation and maintenance of best management practices (BMPs) described in the Stormwater Pollution Prevention Manual. The Administrator shall initially rely on education and informational assistance to gain compliance with this subsection, unless the Administrator determines a violation poses a hazard to public health, safety, or welfare, endangers any property and/or other property owned or maintained by the City, and therefore should be addressed through immediate penalties. The Administrator may demand immediate cessation of illicit discharges and assess penalties for violations that are an imminent or substantial danger to the health or welfare of persons or danger to the environment. (Ord. 5676, 12-3-2012; Ord. 5749, 1-12-2015)

4. Elimination of Illicit Connection and/or Illicit Discharge:

a. Notice of Violation: Whenever the Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Section, he or she may order compliance by written notice of violation to the property owner and/or responsible person, by first class and certified mail with return receipt requested. Such notice may require without limitation:

i. The performance of monitoring, analyses, and reporting by the violator;

ii. The elimination of illicit connections or discharges;

iii. That violating discharges, practices, or operations shall immediately cease and desist;

iv. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

v. The implementation of source control or treatment BMPs. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system and/or waters of the State. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

b. Requirement to Eliminate Illicit Connection: The Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit connection, informing the property owner or person responsible for an illicit connection to the MS4 that the connection must be terminated by a specified date.

c. Requirement to Eliminate Illicit Discharges: The Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit discharge, informing the property owner or person responsible for an illicit discharge to the MS4, whether it be surface water and/or groundwater, that the discharge must be terminated by a specified date.

d. Sample and Analysis: When the Administrator has reason to believe that an illicit connection is resulting in an illicit discharge, the Administrator may sample and analyze the discharge and recover the cost of such sampling and analysis from the property owner or person responsible for such illicit connection or discharge pursuant to RMC 1-3-3, as now or as hereafter may be amended, and require the person permitting or maintaining the illicit connection and/or discharge to conduct ongoing monitoring at that person’s expense.

e. Right of Appeal from Administrative Decision: Any person aggrieved by an administrative decision of the Administrator may appeal such decision pursuant to RMC 4-8-110.

f. Any illicit connection and/or illicit discharge as set forth in this Section or the Stormwater Pollution Prevention Manual is hereby declared to be a nuisance pursuant to RMC 1-3-3, and as defined in RMC 1-3-3B19. (Ord. 5676, 12-3-2012)

5. Reporting Requirements:

a. In the event of an illicit discharge or spill of hazardous material into the stormwater drainage system or waters of the City, State of Washington or United States, said person with knowledge thereof shall immediately notify the emergency dispatch services (911).

b. In the event of an illicit discharge of nonhazardous material into the stormwater drainage system or waters of the City, State of Washington or United States, said person with knowledge thereof shall immediately notify the Public Works Department by phone at 425-430-7400, or in person.

6. Record Retention Required: All persons subject to the provisions of this Section shall retain and preserve for no less than five (5) years any records, books, documents, memoranda, reports, correspondence, and any and all summaries relating to operation, maintenance, monitoring, sampling, remedial actions and chemical analysis made by or on behalf of a person in connection with any illicit connection or illicit discharge. All records which pertain to matters which are the subject of administrative or any other enforcement or litigation activities brought by the City pursuant to this Code shall be retained and preserved by the person until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016; Ord. 5873, 1-8-2018)

K. REVIEW AND APPROVAL OF PLAN:

1. Process: All engineering storm drainage plans and supportive calculations shall be prepared in accordance with the Surface Water Design Manual, and submitted to the City for review and approval in connection with the associated development permits. (Ord. 5828, 12-12-2016)

2. Fees: Fees shall be as listed in the City of Renton Fee Schedule Brochure on file with the City Clerk’s Office. (Ord. 5749, 1-12-2015)

3. Additional Information: The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Administrator or designee.

4. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this Section or Code, or evidence that any material or construction does not conform to the requirements of this Section or Code, the Administrator or designee may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this Section or Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Administrator or designee shall determine test procedures. Suitable performance of the method or material may be evidence of compliance meeting the testing requirement. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015)

L. BONDS AND LIABILITY INSURANCE REQUIRED:

The Development Services Division shall require all persons constructing drainage facilities pursuant to RMC 4-6-030, except for single family residential lots, to post with the City of Renton a surety, cash bonds, assignment of funds or certified check in the amount equal to the estimated cost of construction calculated using the Bond Quantity Worksheet as described in the Surface Water Design Manual.

1. Construction Bond: Prior to commencing construction, the person constructing the drainage facility shall post a construction bond in an amount sufficient to cover the cost of conforming said construction with the approved drainage plans. In lieu of a bond, the applicant may elect to establish a cash escrow account with his bank in an amount deemed by the City of Renton to be sufficient to reimburse the City if it should become necessary for the City to enter the property for the purpose of correcting and/or eliminating hazardous conditions relating to soil stability and/or erosion. The instructions to the escrowee shall specifically provide that after prior written notice unto the owner and his failure to correct and/or eliminate existing or potential hazardous conditions and his failure to timely remedy same, the escrowee shall be authorized without any further notice to the owner or his consent to disburse the necessary funds to the City of Renton for the purpose of correcting and/or eliminating such conditions complained of. After determination by the Department that all facilities are constructed in compliance with the approved plans, the construction bond shall be released.

2. Maintenance and Defect Bond (required only for those facilities to be maintained and operated by the City of Renton): After satisfactory completion of the facilities and prior to the release of the construction bond by the City, the person constructing the facility shall commence a two (2) year period of satisfactory maintenance of the facility. A cash bond, surety bond or bona-fide contract for maintenance and defects with a third-party for the duration of this two (2) year period, to be approved by the City of Renton and to be used at the discretion of the City of Renton to correct deficiencies in said maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two (2) year maintenance and defect period. The amount of the cash bond or surety bond shall be in the amount equal to twenty percent (20%) of the estimated cost of construction for a two (2) year period calculated using the Bond Quantity worksheet as described in the Surface Water Design Manual.

The owner of the property shall throughout the maintenance and defect period notify the City in writing if any defect or malfunction of the drainage system has come to his or her notice. Failure to notify the City shall give the City cause to reject assumption of the maintenance of the facility at the expiration of the two (2) year maintenance and defect period, or within one year of the discovery of the defect or malfunction of the drainage system, whichever period is the latest in time.

3. Liability Policy: Before a permit shall be issued for any construction, insurance will be required as follows:

a. Duration and Limits: The applicant shall secure and maintain in force throughout the duration of the permit commercial general liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000.00) for each occurrence/two million dollars ($2,000,000.00) aggregate.

b. Additional Insured: Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City with the City named as a primary and noncontributory additional insured on the insurance policy and an endorsement stating such shall be provided to the City.

c. Cancellation Notice Required: The policy shall provide that it will not be canceled or reduced without thirty (30) calendar days’ advance written notice to the City.

d. Waiver: Upon showing of a hardship and at the discretion of the Administrator, the insurance requirements may be reduced or waived for single family or two (2) family residential applications. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5749, 1-12-2015)

M. MAINTENANCE OF DRAINAGE FACILITIES:

1. Drainage Facilities Accepted by the City of Renton for Maintenance:

a. Responsibility for Maintenance of Accepted Facilities: The City of Renton is responsible for maintenance, including performance and operation of drainage facilities that have formally been accepted by the Administrator. The City will also maintain any chain link fence surrounding accepted drainage facilities if the fencing is required per subsection G of this Section. All landscaped areas, wooden fencing, or fencing constructed for a purpose other than safety within the tract must be maintained by the owner(s) of the tract.

b. City Assumption of Maintenance Responsibility for Existing Facilities: The City of Renton may assume maintenance of privately maintained drainage facilities, including the perimeter fencing, after the expiration of the two (2) year maintenance period in connection with the subdivision of land if the following conditions have been met:

i. All of the requirements of subsection E of this Section have been fully complied with;

ii. The facilities have been inspected and any defects or repairs have been corrected and approved by the Department prior to the end of the two (2) year maintenance period;

iii. All necessary easements entitling the City to properly maintain the facility have been conveyed to the City;

iv. The facility is constructed on a plat with public streets and located on tracts or easements dedicated to the City; and

v. It is recommended by the Administrator and concurred in by the City Council that said assumption of maintenance would be in the best interests of the City.

c. Facilities Not Eligible for Transfer of Maintenance Responsibility: A drainage facility which does not meet the criteria of this subsection 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.

2. Drainage Facilities Not Accepted by the City 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 per subsection C of this Section and remain responsible for any liability as a result of these duties. This responsibility includes maintenance of a drainage facility which is:

i. Under a two (2) year maintenance bond period;

ii. Serving a private road;

iii. Located within and serving only one single family residential lot;

iv. Located within and serving a multi-family, commercial site, industrial or mixed use property site;

v. Not otherwise accepted by the City for maintenance.

b. A declaration of covenant as specified in the Surface Water Design Manual shall be recorded. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property of a City determination that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed.

i. In the event that the titleholders do not effect such 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, with interest and including the cost of labor, benefits, materials, time and any other related costs or fees. 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 Recorder’s Office.

ii. The City may enforce the restrictions set forth in the declaration of covenant provided in the Surface Water Design Manual.

3. Separate Conveyance System Required for Off-Site Drainage: Drainage structures, such as vaults or ponds, must be located within a dedicated tract. Off-site areas that naturally drain onto the project site must be intercepted at the natural drainage course within the project site and conveyed in a separate conveyance system and must bypass on-site stormwater facilities. Separate conveyance systems that intercept off-site runoff and are located on private property must be located in a drainage easement that may be dedicated to the City if the City deems it appropriate depending on the upstream tributary area. (Ord. 5745, 1-12-2015)

4. Maintenance of Landscaping and Other Improvements Located in the Drainage Facility/Landscaping Tract: The owner(s) of the tract shall maintain the landscaping, and other improvements installed within the tract. All improvements to the drainage facility/landscaping tract, including landscaping, shall require the submittal of a landscape and/or recreation plan approved by the City.

5. Other Cases: Where not specifically defined in this subsection, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems shall be determined on a case-by-case basis. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5749, 1-12-2015)

N. RETROACTIVITY RELATING TO CITY MAINTENANCE OF SUBDIVISION FACILITIES:

If any person constructing drainage facilities pursuant to this Section and/or receiving approval of drainage plans prior to the effective date of the ordinance codified in this Section reassesses the facilities and/or plans so constructed and/or approved and demonstrates, to the Administrator’s satisfaction, total compliance with the requirements of this Section, the City may, after inspection, approval and acknowledgment of the proper posting of the required bonds as specified in subsection L of this Section, assume maintenance of the facilities. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015)

O. INSPECTION, INVESTIGATION AND SAMPLING:

The Administrator may lawfully enter property to inspect drainage facilities.

1. The Administrator shall be permitted to lawfully enter and inspect sites subject to regulation under this Chapter as often as may be necessary to determine compliance with the requirements of the regulations, at all reasonable hours for the purpose of inspections, samplings or records examination. The Administrator shall have the right to set up on the property necessary devices to conduct sampling, inspection, compliance monitoring, and/or metering actions.

2. If the premises or portion thereof is occupied, the Administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and seek entry. Proper ingress and egress shall be provided to the Administrator.

3. The Administrator shall notify the responsible party in writing of failure to comply with this access requirement. The responsible party shall respond and comply with a lawful request for entry within seven (7) days from the receipt of notification. The Administrator may use all legal means to order the work required completed or otherwise address the cause of improper access including, but not limited to, performing emergency work or obtaining a warrant of abatement. The obligation for the payment of all costs that may be incurred or expended by the City in causing the work to be done shall thereby be imposed on the person holding title to the subject property.

4. If the responsible party fails to maintain the facilities, the Administrator may take such actions as may be required to enforce the provisions of this section.

5.  Within thirty (30) days of receiving an inspection report from the City, the property owner or operator shall file with the City a plan and time schedule to implement any required modifications to the site or to the monitoring plan needed to achieve compliance with the intent of this section. This plan and time schedule shall also implement all of the recommendations of the City. (Ord. 5828, 12-12-2016)

P. ADJUSTMENT:

1. An adjustment to the requirements contained in this Section or other requirements in the Surface Water Design Manual may be proposed. The resulting development shall be subject to all of the remaining terms and conditions of this section and the adjustment shall:

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

b. Meet the objectives contained in this Section of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.

2. Requests for adjustments that may conflict with the requirements of any other City departments shall require review and concurrence with that department.

3. A request for an adjustment shall be processed in accordance with the procedures specified in the Surface Water Design Manual.

4. The applicant may appeal an adjustment decision by following the appeal procedures as specified in the Surface Water Design Manual per RMC 4-8-110. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

Q. VARIANCE:

1. If complying with the Surface Water Design Manual will deny all reasonable use of a property, a variance to the requirements in the Surface Water Design Manual may be requested from the Community and Economic Development Administrator or designee in accordance with the variance process defined in the Surface Water Design Manual and RMC 4-9-250.

2. A request for a variance shall be processed in accordance with RMC 4-9-250. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

R. SEVERABILITY:

If any provision, subsection, sentence, clause or phrase of this Section or the application thereof to any person or circumstances is held invalid, the remaining portions of this Section and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

S. VIOLATIONS OF THIS SECTION AND PENALTIES:

A violation of any of the provisions of this Section shall be a civil infraction pursuant to RMC 1-3-2. See also RMC 4-6-110.

(Ord. 3174, 11-21-1977; Ord. 4269, 5-21-1990; Ord. 4351, 5-4-1992; Ord. 4367, 9-14-1992; Ord. 4722, 5-11-1998; Ord. 4740, 7-19-1999; Ord. 4851, 8-7-2000; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5159, 10-17-2005; Ord. 5450, 3-2-2009; Ord. 5478, 8-3-2009; Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)