Chapter 13.05
STORMWATER RUNOFF AND SURFACE WATER AND EROSION CONTROL

Sections:

13.05.010    Chapter 9.04 King County Code – Adopted.

13.05.020    Chapter 9.04 King County Code – Modified.

13.05.010 Chapter 9.04 King County Code – Adopted.

Except as modified in this chapter, Chapter 9.04 of the King County Code is hereby adopted by this reference as if set forth in full. A copy is on file with the office of the City Clerk for public inspection. (Ord. 634 § 19, 2016)

13.05.020 Chapter 9.04 King County Code – Modified.

Chapter 9.04 of the King County Code, adopted by reference in this chapter, is hereby modified as follows:

(1) References to King County shall refer to the City of Woodinville.

(2) References to the Director shall mean the Woodinville City Manager or his or her designee.

(3) References to department or division shall refer to the appropriate department or division of the City of Woodinville as established by the City Manager.

(4) References to KCC Title 21A shall mean and refer to WMC Title 21.

(5) References to KCC Title 27A shall mean and refer to such provisions of the Woodinville Municipal Code as pertain to financial guarantees.

(6) References to KCC Title 23 shall mean and refer to WMC Title 1.

(7) References to Chapter 2.98 KCC shall mean and refer to Chapter 2.31 WMC.

(8) KCC 9.04.194 is deleted.

(9) KCC 9.04.020, Definitions, Definition BBB, shall be modified to read as follows:

“Surface Water Design Manual” means the King County Surface Water Design Manual and supporting documentation referenced or incorporated in the manual, describing surface and stormwater design and analysis requirements, procedures, and guidance which has been approved by the City of Woodinville Public Services Department and which has been formally adopted by public rule under the procedures specified in Ordinance No. 159. A copy of the Surface Water Design Manual is on file with the office of the City Clerk for examination by the public.

(10) KCC 9.04.050, Drainage review – requirements, shall be amended by replacing Section C.1.6. as follows:

The applicant may appeal the City Manager’s decision by following the administrative appeal procedures of Chapter 21.81 WMC.

(11) KCC 9.04.105, Financial guarantees authorized, shall be modified to read as follows:

The City Manager or his or her designee is authorized to require all applicants issued permits or approvals under the provisions of this title to post financial guarantees.

(12) KCC 9.04.115, Drainage facilities accepted by King County for maintenance, shall be amended by inserting the following after the first paragraph:

1. Woodinville will assume maintenance and operation of the following drainage facilities except where an adjustment is granted allowing the facilities to be maintained by a different party:

a. Flow control and water quality facilities within a tract or right-of-way dedicated to City of Woodinville.

b. Flow control BMP devices within a tract dedicated to City of Woodinville.

c. The structural elements of any flow control facilities, any water quality facilities, and any flow control BMP devices within a tract owned by a homeowners’ association when an easement for inspection and maintenance has been granted to the City. Maintenance of vegetation, mulch, and landscaping elements shall remain the responsibility of the homeowners’ association.

d. The structural elements of vegetated flow control BMP devices within the right-of-way of the City of Woodinville. Maintenance of vegetation, mulch, and landscaping elements shall remain the responsibility of the adjacent property owner(s).

e. The flow control functionality of vegetated flow paths of flow control BMPs where they serve public improvements. All other maintenance shall remain the responsibility of the owner(s).

f. The conveyance system within improved public road right-of-way.

(13) KCC 9.04.120, Drainage facilities not accepted by King County for maintenance, shall be modified to read as follows:

A. The person or persons holding title to the property, or the homeowners’ association designated to maintain shared facilities in accordance with 9.04.130, 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. This responsibility includes maintenance of a drainage facility which is:

1. Under a maintenance guarantee or defect guarantee;

2. A private road conveyance system or private road constructed of permeable pavement;

3. Released from all required financial guarantees prior to July 7, 1980;

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

5. Located within and serving a multifamily or commercial site.

6. Previously terminated for assumption of maintenance responsibilities by the department in accordance with KCC 9.04.110; or

7. Not otherwise accepted by City of Woodinville for maintenance.

B. Prior to the issuance of any of the permits for any multifamily or commercial project required to have flow control or water quality treatment facility, the applicant shall record a declaration of covenant as specified in the Surface Water Design Manual. The covenant shall be recorded with the County as a deed restriction on the title to the subject property. The restrictions set forth in such covenant shall include, but not be limited to:

1. Provisions for maintenance inspection and right-of-entry by City of Woodinville;

2. Provisions for notice to the person or persons holding title should City of Woodinville determine that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed;

3. Provisions for notice to the person or persons holding title should City of Woodinville perform such required maintenance and/or repair work upon failure of titleholders to effect such work;

4. Provisions to require the titleholders to reimburse City of Woodinville for performing any such required maintenance and/or repairs; and

5. A reference to the restrictions set forth in the declaration of covenant provided in the Surface Water Design Manual, which shall apply.

C. Prior to the issuance of any of the permits and/or approvals for the project or the release of financial guarantees posted to guarantee satisfactory completion, the person or persons holding title to the subject property for which a drainage facility was required shall pay a fee established by the Director to reasonably compensate City of Woodinville for costs relating to inspection of the facility to ensure that it has been constructed according to plan and applicable specifications and standards.

D. The duties specified in this section with regard to payment of inspection fees and reimbursement of maintenance costs shall be enforced against the person or persons holding title to the property for which the drainage facility was required.

E. Where not specifically defined in this section, the responsibility for performance, operation, and maintenance of drainage facilities and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis.

(14) Chapter 9.04 KCC shall be amended by inserting a new section as follows:

9.04.130 Residential Shared Maintenance Agreement, Homeowners’ Association, or Condo Association Required

A. Where residential drainage facilities serve more than one property, continued operation and maintenance of the shared drainage facilities shall be assured by the recording of a shared maintenance agreement on a form approved by the Director or by the formation of a Homeowners’ Association or Condo Association as follows:

1. A short subdivision shall record a shared maintenance agreement against each lot in the plat for operation and maintenance of shared drainage facilities located in common areas or in tracts;

2. A subdivision shall form a homeowners’ association which shall have responsibility for maintaining the vegetation, mulch, and landscaping elements of shared drainage facilities in any tract dedicated to the City of Woodinville and for maintaining all components of other shared drainage facilities;

3. A residential subdivision of land requiring a binding site plan shall form a condo association which shall have responsibility for maintaining all drainage facilities.

(Ord. 706 § 10, 2020; Ord. 634 § 19, 2016)