Ordinance 08-005 Amending Stormwater Regulations CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON MODIFYING SECTION 22.150 STORMWATER MANAGEMENT
REGULATIONS OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE,
ADOPTING NEW STORMWATER REGULATION, CLARIFYING LANGUAGE,
PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE AND MINOR
MODIFICATIONS TO THE GLOSSARY.
WHEREAS, Congress enacted the Safe Drinking Water Act (SDWA) and the Federal Clean
Water Act (CWA) to protect public health by regulating the nation's drinking water supply. These Acts
authorized the Environmental Protection Agency(EPA)to protect surface and groundwater supplies;
WHEREAS, under the SDWA, EPA determined that the Spokane Valley-Rathdrum Prairie
Aquifer was the sole or principal source of drinking water in this region (Sole Source Aquifer or SSA).
The SDWA also established the Underground Injection Control (U1C) Program to provide safeguards for
underground sources of drinking water. EPA delegated UIC authority to the Washington Department of
Ecology(Ecology); and,
WHEREAS, the •CWA established the National Pollutant Discharge Elimination System
(NPDES) permitting program. EPA delegated the authority to Ecology to administer the NPDES permit
program. Under this authority, Ecology issued the Eastern Washington Phase II Municipal Stormwater
Permit in February 2007 and the City of Spokane Valley is subject to the requirements of this permit; and,
WHEREAS, the City of Spokane Valley previously adopted Ordinance 03-032 which adopted
the Spokane County Guidelines for Stormwater Management, as interim stormwater guidelines; and,
WHEREAS, the City of Spokane Valley previously adopted Ordinance 05-013 which provide
authority for stormwater review, establish maintenance responsibility, and prohibit illicit discharges into
the stormwater system; and,
WHEREAS,the City of Spokane Valley adopted the UDC pursuant to Ordinance 07-015, on the
24th day of September, 2007; and
WHEREAS,the UDC became effective on October 28, 2007;
WHEREAS, in order to provide for the continued management and control of stormwater within
the City it is necessary to update stormwater regulations that relate to the construction and maintenance
•
of stormwater facilities within the City; and,
WHEREAS, Ecology determined in October 2007 that the Spokane Regional Stormwater
Manual meets the minimum requirements from the Eastern Washington Phase II Municipal permit and
provides design criteria for design, installation, operation, and maintenance of best management practices
to protect water quality, reduce discharge of pollutants to surface waters and groundwaters of the State.
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as
follows:
Ordinance 08-005 Stormwater Regulations Page 1 of 6
•
Section 1. Changes to Section 22.150. The purpose of this ordinance is to adopt new regulations
for stormwater management that protect groundwater and surface water. Section 22.150 of the Spokane
Valley Uniform Development Code is hereby established to read as follows:
22.150 Stormwater Management Regulations
22.150.010 Finding and Purpose
The increased flow of surface water from the use and development of real property within the City must
be managed to protect persons, property, and the environment. Stormwater facilities are a common
feature of urban development which must be constructed and maintained when property is developed or
redeveloped within a geographic area.The City shall implement policies and procedures to:
1. Minimize the degradation of water quality in surface and groundwater;
2. Reduce the impact from increased surface water flow, erosion and sedimentation caused by the
development of property;
3. Promote site planning and land development practices that are consistent with the topographical
and hydrological conditions; and
4. Maintain and protect public and private property that is used and dedicated for stormwater
management.
22.150.020 Regulated Activities
No person on any public or private real property located within the City, shall engage in the following
regulated activities without first obtaining stormwater control approval from the City. The regulated
activities for development are:
1. Grading of land in excess of five hundred (500) cubic yards so as to require environmental
review pursuant to the State Environmental Policy Act(SEPA);
2. Construction of, or addition to, a building (except a single-family or duplex residence) or
placement of impervious surfaces that exceed 5,000 square feet. For projects that are
implemented in incremental stages, the threshold applies to the total amount of impervious
surfaces replaced or added at full build-out;
3. Disturbance of one(1) acre or more;
4. The subdivision, short subdivision and binding site plan process as defined in RCW 58.17 and
SVMC Title 20, and
5. Construction of drywells or other UIC wells regulated by WAC 173-218 UIC Program.
22.150.030 Authority to Develop and Administer Standards
The Development Services Senior Engineer shall develop and administer City Standards that relate to
best management practices and the threshold requirements for the development of stormwater control
facilities. The Development Services Senior Engineer is further authorized to develop policies that relate
to the submission and modification of stormwater,erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be designed to
control and contain stormwater, reduce soil erosion and sedimentation through the use of temporary and
permanent practices and facilities. The requirements shall be designed to permit flexibility in the choice
of stormwater erosion and sediment control methods that meet the specific circumstances of each site
and intended use.
•
•
•
Ordinance 08-005 Stormwater Regulations Page 2 of 6
22.150.040 Standards for Stormwater Management
The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the
• context requires otherwise, references to the local jurisdiction shall be construed to mean the City of
Spokane Valley. The City Clerk shall maintain a copy on file.
22.150.050 Review Process
Following submittal of a request to engage in a regulated activity, the Development Services Senior
Engineer shall review the proposed regulated activity including any plans or other submitted material.
The Development Services Senior Engineer shall determine whether the regulated activity is exempt
from review based upon the threshold requirements, or alternatively, whether the regulated activity
complies with the standards, specifications and requirements contained in the City standards. The
Development Services Senior Engineer may require the submission of additional material and/or
analysis to allow the proponent to demonstrate compliance with City Standards.
22.150.060 Conditions of Approval
The Development Services Senior Engineer is authorized to impose development requirements or
conditions of approval for the regulated activities. The stormwater requirements or conditions may be
placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and
agreement may be placed upon a parcel or lot where drainage facilities will be developed.
Conditions of approval shall be based on the City Standards, the preliminary Site Drainage Plan,
engineering reports or other relevant data that promotes stormwater control, protection of adjacent
properties, utilities or other stormwater facilities,slope stabilization and the environment.
22.150.070 Deviations and Appeals
1. Authority. The Development Services Senior Engineer may grant a deviation from the
requirements of this ordinance or City standards. In granting any deviation, the Development
Services Senior Engineer may prescribe conditions that are deemed necessary or desirable for
the public interest.
2. Deviation Criteria. No deviation shall be granted unless the applicant demonstrates, to the
satisfaction of the Development Services Senior Engineer,the following:
a. Deviations are based upon sound engineering principles, best management practices
and are not inconsistent with the public interest in stormwater control and
environmental protection;
b. The granting of the deviation will not be unduly detrimental or injurious to other
properties in the vicinity and downstream;
c. The proposed deviation does not conflict with or modify a condition of approval; and
d. Deviations meet requirements for safety, function,appearance, and maintainability.
3. Prior approval. Any deviation shall be approved prior to acceptance of residential and
commercial construction plans and issuance of any building, approach, or site work permits.
4. Right of appeal. All actions of the Development Services Senior Engineer in the administration
• and enforcement of this chapter shall be final and conclusive, unless within fifteen (15) days
from notice of the Development Services Senior Engineer's action, the applicant or an
aggrieved party files a Notice of Appeal with the Hearing Examiner.
22.150.080 Stormwater Facility Construction and Certification
All stormwater facilities shall be completed and certified by the proponent's engineer prior to any final
plat, short plat, binding site plan, or the issuance of a permanent Certificate of Occupancy or final
Ordinance 08-005 Stormwater Regulations Page 3 of 6
inspection for any associated building. At the discretion of the Development Services Senior Engineer,
a test of the facility may be performed to demonstrate adequate performance. The test shall be
performed in the presence of Development Engineering personnel.
Acceptance of performance sureties, in lieu of completed improvements, shall be permitted only when
completion of improvements prior to final land action or permanent Certificate of Occupancy is
impractical (i.e., due to construction season delays or other factors beyond the proponent's control).
In the event that a performance surety is accepted by the Development Services Senior Engineer, the
proponent will complete the following measures prior to the release of the surety:
I. All aspects of the drainage facility, including landscaping, irrigation, and establishment of
specified vegetation, shall be completed in accordance with.the accepted plans on file with the
City. The proponent's engineer shall certify the improvements and request an oversight
inspection from Development Engineering personnel.
2. An exception may be granted for single-family or two-family residential subdivisions where the
completion of the swales is not practical until such time as the dwellings are constructed. The
proponent shall rough-grade the swales to the required volume and install all drywells, inlets,
curb drops and other structures in accordance with the accepted plans on file with the City.
Erosion control measures shall be implemented to protect the installed drainage structures and
to prevent erosion and/or failure of the swale side slopes. This includes, but is not limited to,
lining the swale with geo-fabric that can be removed along with accumulated silt,until the
swale is final-graded and vegetated. The completion of the landscaping, irrigation, and
establishment of specified vegetation shall be required prior to issuance of the permanent
Certificate of Occupancy or final inspection for any associated dwelling.
A warranty surety shall be submitted to the City upon successful completion and certification of all
public improvements to guarantee against defects in construction. The warranty surety will be for a
period of two(2)years from the date the facility is accepted by the City.
22.150.090 Inspection
The Development Services Senior Engineer is authorized to field inspect, as appropriate, street, building
site, and drainage construction to verify conformance with City standards and the conditions of
approval.
22.150.100 Property Owner Responsibilities
1. The property owner shall comply with provisions of this section and City standards. The
property owner shall be responsible for repair, restoration, and perpetual maintenance of the
stormwater facility installed on private property and any portion of the swale situated in a public
right-of-way adjacent to their respective properties.
2. For purposes of this chapter, "repair and restoration" shall mean conforming the stormwater
facility to the plans on file with the City. This responsibility to repair, restore and maintain shall
be imposed without regard to any fault or wrongful intention on the part of the property owner.
a. Maintenance means preservation of the original area, volume, configuration and
function of the stormwater facility as described in the plans.
b. Maintenance also includes mowing, irrigating, and replacing when necessary, the lawn
turf within the swales.
The property owners within single-family and two-family residential subdivisions are not
responsible for maintenance of structures such as drywells, inlets, and pipes that receive
runoff from public right-of-way and conform to City access standards and are located
within the public right-of-way or a border easement dedicated to the City. The City of
Ordinance 08-005 Stormwater Regulations Page 4 of 6
Spokane Valley will maintain the drywells, inlets and pipes upon acceptance of the public
infrastructure.
3. The property owner is responsible for keeping open the drainage and stormwater easements on
their property. If a drainage or stormwater easement is unlawfully encroached upon or the
function of a designated drainage or stormwater easement is reduced, the property owner is
responsible for removing the encroachment or detriment.
4. The property owner is responsible for keeping open maintenance access easements serving
drainage facilities and drainage easements.
5. The property owner shall not place or permit, and shall immediately remove, vehicles,
equipment, objects, refuse, garbage or litter from the stormwater facility.
22.150.110 Public Drainage Facilities
It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized waters or
other liquids onto City property, rights-of-way, or border easements, without written permission of the
Director of Public Works. For purposes of this chapter, unauthorized waters include, but are not limited
to:
1. Groundwater from springs or other natural or artificial sources, foundation drains, sump pumps,
and other means of discharging groundwater to the surface;
2. Surface water containing sediment;
3. Discharges from swimming pools, hot tubs, detention or evaporation ponds;
4. Water discharged from the cleaning of containers or equipment used in laying, cutting, or
processing concrete and mortar and the water used in such processes;
5. Water discharged from the cleaning of equipment or containers holding paint solvents or
similar contaminants; and
6. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of
stormwater control and treatment facilities.
22.150.120 Failure to Comply—Nuisance
• The following is declared to be unlawful and a public nuisance:
1. The placement, construction, or installation of any structure within, or the connection to, a
public stormwater facility without written permission of the Director of Public Works; or
2. The discharge of stormwater to a public stormwater facility without permission of the Director
of Public Works; or
3. The failure to construct or maintain the stormwater facility as required in the permit or site
drainage plan; or
4. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or
litter within the stormwater facility.
22.150.130 Enforcement
Enforcement of this chapter shall be pursuant to SVMC 17.100.
Ordinance 08-005 Stormwater Regulations Page 5 of 6
Section 2. Changes to Appendix A. This ordinance also minor makes changes to the Spokane
Valley Uniform Development Code Appendix A — Definitions for consistency with the Comprehensive
Plan, UDC, and the Spokane Regional Stormwater Manual. The following definitions are hereby
modified to read as follows:
Appendix A
Definitions
Aquifer: The underground layer of rock and sand that contains usable quantities of water.
Bedrock: The more or less solid rock in place on or beneath the surface of the earth. It may be soft,
medium, or hard and have a smooth or irregular surface.
Critical Areas: Any of the following areas and ecosystems: wetlands, areas with a critical recharge
effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded
areas, and geologically hazardous areas.
Easement: A right to use the land of others. The right may be from the common law or may be
acquired, usually by purchase or condemnation and occasionally by prescription or inverse condemnation.
The right is not exclusive, but subject to rights of others in the same land, the lesser right being
subservient to a prior right which is dominant.
Special Flood Hazard Areas (SFHA): The land area covered by the floodwaters of the base flood is the
SFHA on the National Flood Insurance Program (NFIP) maps. The SFHA is the area where the NFIP's
floodplain management regulations must be enforced and the area where the mandatory purchase of flood
insurance applies.
Wetland: An area characterized by saturated or nearly saturated soils most of the year that forms an
interface between terrestrial (land based) and aquatic environments. Wetlands include marshes around
lakes or ponds and along river or stream channels.
Section 3, Severability. If any section, sentence, clause or phrase of this ordinance shall be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Ordinance.
Section 4, Effective Date. This Ordinance shall be in full force and effect thirty (30)days after date
of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 8th day of A.ril,2 P4 08.
4
� °ichar_ Lu s n,Mayor
Christine Bainbridge, City Clerk
Approved as to Form:
i
Office of the City Attorney
Date of Publication: 04-18-07
Effective Date: 05-18-08
Ordinance 08-005 Stormwater Regulations Page 6 of 6