Division V. Stormwater Management

Chapter 13.104
STORMWATER MANAGEMENT

Sections:

Article I. Findings of Fact, Need and Purpose

13.104.010    Findings of fact.

13.104.020    Need.

13.104.030    Purpose.

Article II. Definitions

13.104.040    Application.

Article III. General Provisions

13.104.050    Abrogation and greater restrictions.

13.104.060    Interpretation.

13.104.065    No liability.

Article IV. Applicability

13.104.070    Conflict.

Article V. Regulated Activities and Allowed Activities

13.104.080    Regulated activities.

13.104.090    Exemptions.

Article VI. General Requirements

13.104.100    Stormwater management manual adopted.

13.104.110    Stormwater best management practices (BMPs).

13.104.120    Illicit discharges.

Article VII. Approval Standards

13.104.130    Repealed.

13.104.140    Repealed.

13.104.150    Repealed.

13.104.160    Repealed.

13.104.170    Repealed.

13.104.180    Repealed.

13.104.190    Repealed.

13.104.200    Repealed.

13.104.210    Repealed.

13.104.220    Repealed.

13.104.230    Repealed.

13.104.240    Repealed.

13.104.250    Repealed.

13.104.260    Repealed.

13.104.270    Repealed.

13.104.280    Repealed.

13.104.290    Repealed.

13.104.300    Repealed.

13.104.310    Repealed.

13.104.320    Repealed.

13.104.330    Exception to the manual.

Article VIII. Administration

13.104.340    Director.

13.104.350    Review and approval.

13.104.360    Enforcement authority.

13.104.370    Construction and installation inspections.

Article IX. Enforcement

13.104.380    General.

13.104.390    Stop work order.

13.104.400    Civil penalty.

13.104.410    Penalties due.

13.104.420    Penalties recovered.

Article X. Exceptions

13.104.430    Hearing examiner.

13.104.440    Findings of fact.

13.104.450    Prior approval.

13.104.460    Duration of exception.

13.104.470    Right of appeal.

Article I. Findings of Fact, Need and Purpose

13.104.010 Findings of fact.

The city council of the city hereby finds that:

A. Stormwater pollution is a problem associated with land utilization and development and the common occurrence of potential pollutants, particularly sediments, metals, pesticides, fertilizers, petroleum products, and pet wastes.

Land utilization and development are also known to increase both the volume and duration of peak flows. The resulting erosion, scouring, and deposition of sediment affect the ecological balance in the stream or other receiving water body.

Sedimentation and stormwater pollution cause diversity of species to decrease and allows less desirable species to remain.

Stormwater pollution can cause or contribute to closures of shellfish beds and swimming beaches and other restrictions on public use of the waters within the city.

Contaminants introduced on the land surface can leach into ground water with infiltrating stormwater.

B. An expanding population and increased development of land have led to:

Surface and ground water quality degradation through pollutants carried by stormwater including sediments, nutrients, metals, oils, and other contaminants; localized flooding or ponding and erosion, causing street and other property damage within the city; and public safety hazards and nuisances posed by uncontrolled water runoff on streets and highways.

C. Stormwater is an important source of water which can benefit Sequim and the region if controlled, treated, and managed effectively.

D. The city’s stormwater program should follow the goals and implement the activities outlined in the storm and surface water master plan adopted by Resolution 2016-09.

E. Best management practices can be expected to perform as intended only when properly designed, constructed and maintained. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 1.1)

13.104.020 Need.

The city council finds that this chapter is necessary in order to:

A. Reduce localized flooding or ponding causing street and other property damage.

B. Reduce the level of pollutants carried by stormwater including sediments, nutrients, metals, oils, and other contaminants.

C. Protect property owners adjacent to existing and developing lands from increased runoff rates which could cause erosion.

D. Preserve and protect fish and wildlife habitat and the suitability of waters for contact recreation, fishing, and other beneficial uses.

E. Preserve and protect the quality of surface and ground water.

F. Promote sound development policies which respect and preserve city surface water, ground water, drinking water supply and all water resources, and which provide resilience from drought.

G. Ensure the safety of the city roads and rights-of-way.

H. Decrease stormwater-related damage to public and private property from existing and future runoff.

I. Protect the health, safety and welfare of the inhabitants of the city. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 1.2)

13.104.030 Purpose.

The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within the city. The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within the city.

It is the purpose of this chapter to:

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

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

C. Maintain and protect ground water resources;

D. Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns;

E. Decrease potential landslide, flood and erosion damage to public and private property;

F. Provide site planning principles and construction practices that retain native vegetation and minimize impervious surfaces and are consistent with natural topography and hydrologic conditions;

G. Maintain and protect the city stormwater infrastructure;

H. Regulate clearing and grading of private and public land in order to protect public health and safety and water quality; and

I. Provide minimum requirements and best management practices for new development and redevelopment to control the quantity and quality of stormwater runoff to comply with water quality standards and contribute to the protection of beneficial uses of the city’s ground and surface water resources. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 1.3)

Article II. Definitions

13.104.040 Application.

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

A. A Definitions.

“Approval” means the proposed work or completed work conforms to this chapter in the opinion of the administrator identified in SMC 13.104.340.

B. B Definitions.

“Best management practice” or “BMP” means the schedule of activities, prohibition 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. BMPs are listed and described in the manual as well as in guidance materials available from the city.

C. C Definitions.

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

“Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

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

D. D Definitions.

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

“Director” means the public works director or a designee.

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

E. E Definitions.

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

“Ecology” means the Washington State Department of Ecology.

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

“Excavation” means the mechanical removal of earth material.

“Experimental BMP” means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.

F. F Definitions.

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

“Flood” means an overflow or inundation that comes from a river or any other source, including (but not limited to) streams, tides, wave action, storm drains, or excess rainfall. Any relatively high stream flow overtopping the natural or artificial banks in any reach of a stream.

“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:

1. Road and trail construction.

2. Harvesting, final and intermediate.

3. Precommercial thinning.

4. Reforestation.

5. Fertilization.

6. Prevention and suppression of diseases and insects.

7. Salvage of trees.

8. Brush control.

G. G Definitions.

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

H. H Definitions.

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

I. I Definitions.

“Illicit discharge” means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or ground water quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems.

“Impervious surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which 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, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

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

“Interflow” means that portion of rainfall 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, for example, in a roadside ditch, wetland, spring or seep. Interflow is a function of the soil system depth, permeability, and water-holding capacity.

J. J Definitions. Reserved.

K. K Definitions. Reserved.

L. L Definitions.

“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 clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Stormwater facility maintenance is not considered land disturbing if conducted according to established standards and procedures.

M. M Definitions.

“Mitigation” means, in the following order of preference:

1. Avoiding the impact altogether by not taking a certain action or part of an action;

2. Minimizing impacts by 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 by repairing, rehabilitating or restoring the affected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.

N. N Definitions.

“New development” means land disturbing activities, including Class IV general forest practices that are conversions from timberland to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.

O. O Definitions. Reserved.

P. P Definitions.

“Permanent stormwater control plan (PSCP)” means a plan which includes permanent facilities and BMPs for the control of runoff and pollution from stormwater after construction and/or land disturbing activity has been completed.

“Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

“Pollution” means contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such 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.

Q. Q Definitions. Reserved.

R. R Definitions.

“Receiving water body” means naturally occurring and/or reconstructed surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or ground water, to which a stormwater drainage system discharges.

“Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.

“Retention” means the process of collecting and holding surface water and stormwater runoff with no surface outflow.

“Runoff” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, puddles, lakes and wetlands as well as shallow ground water.

S. S Definitions.

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

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

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

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

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

“Stormwater management manual” or “manual” means the stormwater design, management, and maintenance guidance manual named in SMC 13.104.100.

“Stormwater site plan” means the comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements. Contents of the stormwater site plan will vary with the type and size of the project and individual site characteristics. It includes a construction stormwater pollution prevention plan (construction SWPPP) and a permanent stormwater control plan (PSCP). Guidance on preparing a stormwater site plan is contained in the manual.

T. T Definitions. Reserved.

U. U Definitions. Reserved.

V. V Definitions.

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

W. W Definitions.

“Water body” means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.

“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

X. X Definitions. Reserved.

Y. Y Definitions. Reserved.

Z. Z Definitions. Reserved. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 2)

Article III. General Provisions

13.104.050 Abrogation and greater restrictions.

It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. Where the manual specified in SMC 13.104.100 is more restrictive than provisions of this chapter, the manual shall control, except for amendments specified in Article VII of this chapter. This chapter requires compliance with all applicable provisions of the manual specified in SMC 13.104.100, except amendments specified in Article VII of this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 3.1)

13.104.060 Interpretation.

The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 3.2)

13.104.065 No liability.

A. Administration of this chapter shall not be construed to impose or create a basis for any liability on the part of the city, its appointed and elected officials, officers, agents, or employees, nor shall this chapter be construed to create any special relationship with or otherwise protect any specific person or class of persons.

B. The city is not responsible for the accuracy of plans (preliminary or final) submitted for approval. The city expressly disclaims any responsibility for design or implementation of a drainage plan. The design and implementation of a drainage plan is the sole responsibility of the applicant. (Ord. 2017-002 § 1 (Exh. A))

Article IV. Applicability

13.104.070 Conflict.

When any provision of any other ordinance of the city conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. The director is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. Prior to fulfilling the requirements of this chapter, the city shall not grant any approval or permission to conduct a regulated activity including but not limited to the following:

A. Building permit, commercial or residential; conditional use permit; franchise right-of-way construction permit; grading and clearing permit; master plan development; right-of-way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; shoreline environmental redesignation; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use permit; utility and other use permit; zone reclassification; or any subsequently adopted permit or required approval not expressly exempted by this chapter.

B. Regulated activities shall be conducted only after the public works director approves a stormwater site plan which includes the following as required or excepted by this chapter:

1. Construction stormwater pollution prevention plan (SWPPP);

2. Permanent stormwater control plan (PSCP). (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 4)

Article V. Regulated Activities and Allowed Activities

13.104.080 Regulated activities.

Consistent with the requirements contained in this chapter, the director shall approve or disapprove the following activities, unless exempted in SMC 13.104.090:

A. New development as defined in SMC 13.104.040(N).

B. Redevelopment as defined in SMC 13.104.040(R). (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 5.1)

13.104.090 Exemptions.

All new development and redevelopment is subject to the minimum requirements of this chapter, except the following activities, which are exempt:

A. Commercial agriculture, and forest practices regulated under WAC Title 222, except Class IV general forest practices conversions from timberland to other uses.

B. Development undertaken by the Washington State Department of Transportation in state highway rights-of-way regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 5.2)

Article VI. General Requirements

13.104.100 Stormwater management manual adopted.

The 2012 (as amended in 2014) Edition of Ecology’s Stormwater Management Manual for Western Washington is hereby adopted by reference and is hereinafter referred to as “the manual.” In addition, as an Ecology-approved equivalent manual, the city can use the Washington Department of Transportation’s Highway Runoff Manual for road projects. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 6.1)

13.104.110 Stormwater best management practices (BMPs).

General: BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this chapter. BMPs are in the manual.

Experimental BMPs: In those instances where appropriate BMPs are not in the manual, experimental BMPs approved by Washington Department of Ecology’s TAPE or C-TAPE program should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve stormwater management technology. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 6.2)

13.104.120 Illicit discharges.

Illicit discharges to stormwater drainage systems are prohibited. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 6.3)

Article VII. Approval Standards

*    For specific details, refer to manual named in SMC 13.104.100.

13.104.130 Small parcel minimum requirements.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.1)

13.104.140 Small parcel requirement #1 – Construction access route.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.1.1)

13.104.150 Small parcel requirement #2 – Stabilization of denuded areas.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.1.2)

13.104.160 Small parcel requirement #3 – Protection of adjacent properties.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.1.3)

13.104.170 Small parcel requirement #4 – Maintenance.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.1.4)

13.104.180 Small parcel requirement #5 – Other BMPs.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.1.5)

13.104.190 Large development minimum requirements.

Repealed by Ord. 2017-002.

13.104.200 New development.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.1)

13.104.210 Redevelopment.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.2)

13.104.220 Minimum requirement #1 – Erosion and sediment control.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.3)

13.104.230 Minimum requirement #2 – Preservation of natural drainage systems.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.4)

13.104.240 Minimum requirement #3 – Source control of pollution.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.5)

13.104.250 Minimum requirement #4 – Runoff treatment BMPs.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.6)

13.104.260 Minimum requirement #5 – Streambank erosion control.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.7)

13.104.270 Minimum requirement #6 – Wetlands.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.8)

13.104.280 Minimum requirement #7 – Water quality sensitive areas.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.9)

13.104.290 Minimum requirement #8 – Off-site analysis and mitigation.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.10)

13.104.300 Minimum requirement #9 – Basin planning.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.11)

13.104.310 Minimum requirement #10 – Operation and maintenance.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.12)

13.104.320 Minimum requirement #11 – Financial liability.

Repealed by Ord. 2017-002. (Ord. 95-003 § 7.2.13)

13.104.330 Exceptions to the manual.

Physical conditions including well-drained soils found in the central Sequim area, combined with the desirability of infiltration for recharging groundwater supplies and protecting surface water quality, merit special consideration for stormwater management.

A. Building permit applicants are not required to conduct infiltration testing related to feasibility criteria or to follow a prioritized flow chart from the manual and may choose from the manual’s on-site stormwater management BMP lists which method to implement only if all of the following conditions are met:

1. Applications must be for “small” and “very small” projects (as defined in city stormwater guidance, “Stormwater Worksheet and Guidance for Building Permits”);

2. The percent of the subject property’s land area located within USDA soil type 6/Carlsborg or 63/Sequim, alone or in combination, comprises a minimum of 90 percent of the total land area;

3. The proposed land use does not involve storage of hazardous materials; and

4. Where plat notes do not otherwise provide specificity.

Applicants choosing to implement this exception do so at the applicant’s own risk.

B. For any application involving off-site release of runoff, the city requires completion of the optional guidance contained in the manual regarding off-site analysis and mitigation. (Ord. 2017-002 § 1 (Exh. A))

Article VIII. Administration

13.104.340 Director.

The director shall administer this chapter. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 8.1)

13.104.350 Review and approval.

The director may approve, conditionally approve or deny an application for activities regulated by this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 8.2)

13.104.360 Enforcement authority.

The director shall enforce this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 8.3)

13.104.370 Construction and installation inspections.

All activities regulated by this chapter, except those exempt in SMC 13.104.090, shall be inspected by or reported in a timely fashion to the director, using checklists available from the city. Projects shall be inspected at various stages to determine that adequate control is being exercised. These inspections will include, but not be limited to, the following:

A. Prior to site clearing and construction to assess site erosion potential;

B. During construction to verify installation and maintenance of required erosion and sediment control BMPs and other approved plan components in accordance with the approved plans and specifications, such as installation of utilities, landscaping, and retaining walls;

C. Upon completion of construction and prior to final approval to verify that installation of permanent stormwater facilities is consistent with the approved plans and specifications and that a maintenance plan is completed and responsibility for maintenance is assigned for stormwater facilities. When required by the director due to inability to verify appropriate installation, a special inspection and/or testing shall be performed;

D. All permanent stormwater facilities after final approval, once during winter (January-March) and once during summer (July-September) until 90 percent of the lots are constructed (or when construction is stopped and the site is fully stabilized) to verify facilities are functioning in accordance with the approved plans and specifications. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 8.4)

Article IX. Enforcement

13.104.380 General.

Enforcement action will be in accordance with this chapter or Chapter 1.13 SMC, Code Enforcement, whenever a person has violated any provision of this chapter. The choice of enforcement action and the severity of any penalty will be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action. (Ord. 2019-013 (Exh. B); Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 9.1)

13.104.390 Stop work order.

The director shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter.

A. Content of Order. The order shall contain:

1. A description of the specific nature, extent, and time of violation and the damage or potential damage; and

2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under SMC 13.104.400 through 13.104.420 may be issued with the order.

B. Notice. A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same.

C. Effective Date. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.

D. Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 9.2)

13.104.400 Civil penalty.

A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval or order issued, who undertakes new development without first obtaining city approval, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty.

A. Amount of Penalty. The penalty shall be $100.00 for each violation. Each day of continued violation or repeated violation shall constitute a separate violation.

B. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

C. Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the city. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist and, in appropriate cases, require necessary corrective action within a specific time.

D. Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within 10 days of receipt of the penalty to the city for remission or mitigation of such penalty. Upon receipt of the application, the city council may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.

E. Appeal of Civil Penalty. Persons incurring a penalty imposed by the director may appeal in writing within 10 days of the receipt of the penalty to the city council. The city council decision may be appealed to the superior court within 10 days of the decision. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 9.3)

13.104.410 Penalties due.

Penalties imposed under this section shall become due and payable 30 days after receiving it unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the city is not paid within the time specified, the city may take actions necessary to recover such penalty. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 9.3.1)

13.104.420 Penalties recovered.

Penalties recovered shall be paid to a fund dedicated to enforcement and/or enhancement of the stormwater management program. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 9.3.2)

Article X. Exceptions

13.104.430 Hearing examiner.

After a public hearing, the hearing examiner may grant an exception from the requirements of this chapter. In granting any exception, the hearing examiner may prescribe conditions that are deemed necessary or desirable for the public interest and consistent with the manual. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 10.1)

13.104.440 Findings of fact.

Exceptions to this chapter may be granted prior to permit approval and construction. An exception may be granted following a public hearing, if written findings of fact are prepared that address all of the following:

A. The exception provides equivalent environmental protection and is in the public’s best interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are met;

B. That there are special physical circumstances or naturally occurring conditions affecting the property and that strict application of these provisions would deprive the applicant of all reasonable use of the subject parcel and reasonable efforts to find creative ways to meet the intent of the minimum standards have been made;

C. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and

D. The exception is the least possible exception that could be granted to comply with the intent of the manual named in SMC 13.104.100. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 10.2)

13.104.450 Prior approval.

Any exception shall be approved prior to permit approval and construction. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 10.3)

13.104.460 Duration of exception.

Exceptions granted shall be valid for a maximum of two years. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 10.4)

13.104.470 Right of appeal.

All actions of the hearing examiner shall be final and conclusive, unless, within 10 days of the date of the hearing examiner’s action, the original applicant or an adverse party gives written notice of appeal to the superior court for review of the action. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-003 § 10.5)