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Agenda 01/10/2008 • SPOKANE VALLEY PLANNING COMMISSION AGENDA COUNCIL CHAMBERS -CITY HALL 11707 F. SPRAGUE AVENUE JANUARY 10, 2008 6:00 To 9:00 PM I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS OLD BUSINESS- NEW BUSINESS-STUDY SESSION, REGIONAL STORMWATER MANUAL X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR FRED BEAULAC, VICE-CHAIR GREG MCCORMICK, PLANNING MGR, AICP JOHN G. CARROLL SCOTT KUHTA, LONG RANGE PLANNER, AICP CRAIG EGGLESTON MIKE BASINGER, ASSOCIATE PLANNER, AICP GAIL KOGLE CARY DRISKELL, DEPUTY CITY ATTORNEY MARCIA SANDS DEANNA GRIFFITH ART SHARPE WWW.SPOKANEVALLEY.ORG ,-�,r Spokane Regional SPOKANE Cou'u Stormwater Manual SPOKANE _��`� - .. • r IF '-' ‘i ' -'' 41.--- "---'71-7,..._:1- - ,, ..e,:!;.--._,' - , .,u---- ;s a.r . I 4e Stlitiene\ftl• John Hohman,P.E.Senior Engineer Valley Gloria Mantz,P.E.Development Engineer Is Stormwater Management T`1 Really Necessary in the K6 spoREGa Valley? •tet• SPOKANE . my :: 144 pr;N .y Spokane' ,,Valley 1 : .- Valley Flooding - _- _r., ?,, ,i'''.- fir'+ ' T. .F;' t - t,Vi;i^}4V. - 1'c 1 - �.X14 ItYa l at,: . rI /2110.' Spokan <;A _ _Malley 4 Background SpoicK Cowry 0 Stormwater runoff flows into drywells and swales SPOKANE p, i Valley soils are typically very porous which allows quick infiltration m Concern for contamination of the aquifer which supplies our drinking water Spokane' Valley 2 Typical Drywell -- Installation SPOKARE Co ,r SPOKANE 1 ,, \1111 .-r.. icy.? 4 ; ____ry f ,y' - -:.±.1 ,:. ",moi-_„ ,'3_ x.,'2.1 -r. Z"* rni.r I ____...`:•.-.__L 1—�•_ Tr.;.. iii;is X.::..-,ad.1M - jUalley • Typical Swale SPoKARE Couru „. r------ - -AIL .., _,,.,. ...._ ,,,, .,i ,,,. .i,....,.„ :., . _ ;t.._ ., 3. SPOIGINE - "$ u7. IP 11 ,, • I °kane jUalley • t 1 111100 -; a 6 , Spokane Regional A ' �-r- Stormwater Manual SPO�Cowr, n The SRSM is a technical document used to design stormwater facilities SPOKANE 1,,,-,,,,i The SRSM establishes standards to protect water quality, prevent flooding, and protect natural drainage systems n Meets criteria from Ecology's Stormwater Management Manual for Eastern Washington for discharges to groundwater and surface waters Wine ,,Valley 4,74 4 t, Why Update our Standards? SPOKANE Caw :i Better Organization Existing document is difficult to use SPOKANE Several amendments I`�^��1 M. Outdated Methodology in the existing .44 standards ' """ m Include Examples tit Eastern Washington Manual (EWM) Created by WA Dept. of Ecology /\ n Spokane Valley Needs Equivalent Spokane Manual ,,Valley 4 • r:: Why an Equivalent Manual? SPUME COW! ■ State manual is for entire Eastern Washington, not specific enough for SPOKANEour Region State Manual does not have guidance X11„ for Conveyance Systems (pipes, ,t > >ttt channels, etc) m State Manual does not have examples State Manual is difficult to use City is required to adopt State manual Spokane or an equivalent document jUalley L. . SRSM Background SPOKANE COUNry Developed by: • City of Spokane Valley SPOKANE I • Spokane County • City of Spokane ,t ,t ,1 1 All three jurisdictions will adopt e identical document One manual for the entire region Sane� will be beneficial for development .Malley community 5 fit. I RSM Chronology SPOK NT Cou'ui Sept. 2003 - First Discussion of SRSM PI Jan. — Oct. 2004 - Manual Rewrite by Spokane SPOK�NE� County p -.q Oct. 2004—June 2005 - Regional Group Meets to go over Draft Manual I July — Sept. 2005 - Public Participation Period ' ' ''"' el Oct. 2005-April 2006 -Additional Concerns Raised by Regional Group April 2006 — June 2007 - Technical Writer Review and Edits July 2005 — Oct. 2007 - Work with Ecology on Equivalency Spokane �Ualley ;; ,. SRSM Leading the Way ag SPOK(N COt'Y R In WA, only WSDOT has an equivalent manual thus far. 1 oKaivEI ei Other jurisdictions are using our manual. Central Oregon is in the process of adopting a manual very similar to ours: ,,',';;`,'„ "Pioneering work was done in the State of Washington resulting in the Eastern Washington Stormwater Manual, and then in the development of the Spokane Regional Stormwater Manual. The Spokane Regional Manual was the s ��� starting point for COSM (Central Oregon .valley Stormwater Manual)" 6 Public Participation SPOKANE C011,6 6 public workshops at various locations around the Spokane area I Posting on the Spokane County & Spokane sPOFiaNE Valley website Newspaper notices in the Spokesman lh� Review and Valley Herald " ' Email distribution to neighborhood representatives, engineers, developers, etc. Media releases m Articles in the Spokesman Review n Review by Washington State Department of Spokane Community, Trade & Economic 1Ualley Development (CTED) Applicable Regulations sroKA E Cou,„ Underground Injection Control POKaNE (UIC) Rule, Chapter 173-218 / 1 WAC Eastern Washington National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit 1ne Ualley 7 SPOKANE COugy SPOKANE UNDERGROUND INJECTION CONTROL PROGRAM (UIC) SOlane ��lley tria UIC SroKARECowry UIC wells are used to dispose of fluids underground. Examples "F;01'<: '1\7 E include drywells, drainfields and trenches with perforated pipe. UIC wells have the potential to contaminate groundwater. The UIC program protects groundwater quality by regulating Spokan/�� the disposal of fluids into the jUalley subsurface. 8 h , UIC Requirements Seomg Cou c' Two main requirements: ' POK N ' 1 . All owners must register wells /P.1 with Ecology 2. All wells must meet the non- endangerment standard: ➢ UIC well must be constructed, operated, maintained, and Spokanee decommissioned in a manner ��alley that protect water quality What does w:JIC mean? SPOKANE CO Nfl' For existing drywells, owner (< 50 drywells) must: SPOKANE • Register existing wells by Feb 2009 • Complete a well assessment by Feb 2011 • Any well found to pose a high threat to groundwater must be Spokane e' retrofitted or abandoned. jUalley 9 What does UIC mean? SPOKARE Ox For owners of more 50 drywells. (City owns 7,000+ drywells): SPOKa\E IrAl • Register existing wells by Feb 2011 • Complete a well assessment by Feb 2013 • Any well found to pose a high threat to groundwater must be Spokane retrofitted or abandoned. j�alley What does UIC mean? SPOKANECOWY New drywells: 01(-kN I Must be registered 30 days prior to installation Must be designed, constructed and maintained per the EWM or an equivalent manual Spokane jValley 10 What are we doing to & 'NM comply with UIC Sower et Worked to develop the SRSM •POKANE1 Staff has made an inventory of P 'I 2/3 of the City. Expect to 1h complete registration by 2009 m Development Engineering informs engineer/developer of registration requirements during Sclan, permitting process jValley What else is needed for q}�k UIC? ■ SPOKA[I COUt1tY M Begin well assessment after registration is completed. so�;E Well assessment will identify ' drywells that need to be retrofitted or ,, ,>>,,, abandoned. i Need to develop a public outreach program to inform business owners of UIC requirements for existing / . drywells StioljValley 11 Questions? S'OKAt Cam SPOKANE' rip` FM. • L r vu Spokaanne \alley SPOKANE COY SPOKANE ► ��� NPDES PII '' „),” PERMIT Spoliane \alley 12 4,:', 4 ,, NPDES Phase II Perms SPOKAK Cowry Stormwater is the main contributor to degraded water quality in urban POK-1\EI settings. /'-`1et imv , surfacesDevlopmenthat increasecreates thepervolume ,, ,,, ,,\ and peak flow of runoff. Sources of stormwater contamination include land use activities, operation and maintenance activities, illicit /� discharges and spills, and vehicular Spokane traffic conditions. j`alley 0.:24ku NPDES Phase II Permit Se0KARE Cowry ... _ , . „< ., ," ,. : erruno may contain POK • ANE i or mobilize high levels of /►— 1 contaminants,such as sediment, �/;: suspended solids,nutrients (phosphorous and nitrogen), iiiir ,\ , '' '' ' X heavy metals and other toxic '11„ ,i- pollutants,pathogens,toxins, oxygen demanding substances (organic material)and floatables" USEPA 1992,Environmental Impacts of Stormwater A National Profile Spokane Valley 13 gym . PDES Phase e II Permit N SrooARE Coin National Pollutant Discharge Elimination System (NPDES) - Federal Clean Water Act SPOKANEPermit authorizes discharges to surface and ground waters of the State tit Permit regulates Phase II Communities, which: Own and operate a Municipal Storm Sewer System Discharge to surface waters Are located in urbanized areas Have a population greater than 1,000 and less Spokane than 100,000 ,jUalley Permit Coverage Spowte Cowry According to Ecology, the following municipalities meet the established SPOKANE criteria: Cities and Towns: Asotin, Clarkston, East Wenatchee, Ellensburg, Liberty Lake, Kennewick, Millwood, Moses Lake, Pasco, Pullman, Richland, Selah, Spokane, Spokane Valley, Sunnyside, Union Gap, Walla Walla, Wenatchee, West Richland, Yakima Counties: Asotin County, Benton County, Chelan County, Douglas County, Franklin Spo e County, Spokane County, Walla Walla County, �Ualley Yakima County 14 Requirements 1 Permit q d�- /t SPOKANE cowry P. Permit requires the development of a Stormwater Management Program (SWMP)that involves the following components: SPOKANE 1. Public education and outreach program r:q1 2. Public involvement/participation program 3. Illicit discharge detection and elimination program 4. Construction site stormwater runoff program �i 5. Post construction stormwater management program 6. Pollution prevention/good housekeeping program mi In addition to the above,the permit also requires: 1. Compliance with approved total maximum daily load (TMDL)or water cleanup plan 2. Evaluation and assessment of project compliance Spokane jUalley Public Education & Outreach sPoKAE cou<\uy Develop a Public Education and Outreach Program that SPOK'�NE 1. Identifies target audiences 2. Informs public about the importance of ,';;,„ protecting/improving water quality, eliminating illicit discharge, etc 3. Informs public and businesses about preventing illicit discharges 4. Informs engineers, developers, Spokane contractors, review staff about jMalley technical standards and BMPs 15 Public Involvement and . „Y% � Participation SP°KmC&INN p 141 Develop a Public Involvement SPOKANE and Participation program that: '1 1. Provides ongoing opportunities for public participation 2. Makes SWMP available to the public $45kan �Ualley Public Involvement & Participation SvoKARE Cowry .417 SPOKANE ,,� Storm drain stenciling is one way the community can Spokane participate in the stormwater program jValley 16 Illicit Discharge, Detection and Elimination SPOKANE GOUTY ei Develop an Illicit Discharge, Detection, and Elimination Program by 1. Developing a map of the MS4(Staff has SPOKANE completed this task) ^ 7' 2. Adopting a mechanism that prohibits illicit discharges and authorize enforcement action \-171 ; 3. Developing an ongoing program to detect and I>>11 address non-stormwater discharges to the MS4, including spills, illicit connections and illegal dumping 4. Informing staff, businesses, and general public of hazards related with illegal discharges and improper waste disposal 5. Training related staff Spokane Val ley The City is already doing these :";ems at leas:partially Illicit Discharge and ��j Elimination SPOKARECOURIY SPOKANE — — 1 IFN • • • SliQ Discharge of wash water from a car wash to stormdrain do,Ualley 17 Construction Site =- Fy Stormwater Runoff Control SPOKAII Couvr Develop and enforce a program to reduce pollutants in runoff to MS4 from construction activities. I. Adopt a mechanism that requires erosion and SPOKANE sediment control and authorize enforcement action ., 2. All construction operators shall prepare ESC Plan and apply BMPs in accordance with Permit(SRSM Manual provides guidance for compliance) 3. Adopt procedures for review of ESC plan 4. Adopt procedures for site inspection and enforcement of ESC measures 5. All new construction sites that trigger regulatory threshold shall be inspected at least once by qualified staff. 6. Provide information to construction site operators about related training 7. Adopt procedures to consider information provided Spokane by the public _Malley The City is already doing these items at least partially Construction Site Stormwater Runoff Control SPOKA[\T Cowry SPOKANE Poorly maintained BMPs can result in significant quantities of sediment discharged to storm drains Valley 18 0 . Post-Construction Stormwater Management Slum Gamy A Develop and enforce a program to reduce pollutants in runoff from new development and redeveloment projects 1. Applies to all projects(even Capital projects)that trigger i the regulatory threshold SPOKANE 2. Adopt a mechanism that requires treatment,flow control, IP and source control BMPs 3. Adopt requirements to ensure long term maintenance of :41 the BMPs 4. Document how the required BMPs protect water quality to > > the maximum extent possible unless a manual equivalent to EWM is adopted 5. Adopt procedures for site plan review for required B1i1Ps 6. Adopt procedures for site inspection and enforcement of post-construction BMPs 7. Provide training to staff involved in permitting,planning, reviewing,inspection and enforcement 8. Keep records of all projects that trigger regulatory / threshold Spokane 9. Provide training information to design professionals ,,Malley The City is already doing these items at least partially Post-Construction -- Stormwater parti.-____ gementally SPOKANE Cwry •r, f SPOKANE Qiol , te SpokI ane Lack of flood control can lead to flooding and erosion ,,Malley 19 Post-Construction 4 ; ,`A ' Stormwater Management SPOKAK COU'tIY _1 /- - SPOKANE . . -Wil r:41 �,.�„� .ec F� 11 *Ole Swales help reduce stormwater runoff and provide water jVdlley quality treatment Pollution Prevention and ,: Good Housekeeping for SpoKAEc Municipal Operations et Develop and implement an operation and maintenance (O&M) program that: 1. Includes appropriate source control BMPs in SPOKANE accordance with EWA or equivalent manual.O&M Plan shall: Irla Develop inspection and maintenance procedures and schedules for stormwater BMPs r. Implement BMPs to treat pollutants from streets, maintenance areas,and waste transfer stations n Establish procedures for properly disposing waste removed from MS4 El Identify ways to incorporate BMPs into new and existing projects 2. Includes a schedule of inspections and establish record keeping requirements. 3. Develop an employee training program for all �� employees who work in construction,operations,or �jmaintenance Valley 20 Pollution Prevention and Good . .., >. Housekeeping for Municipal SPOKARECouo Operations SPOKANE Tis ' 1 'ti. _ I 'I. III•„ 4 i718ii O„k e Pollutants in the stormwater system can be minimized by a street Ualley sweeping and vactoring program 4 54 '11.; QUESTIONS? SPOKAK COMFY e sr• _ SPOKANE ; ,1 „1111 w >MiIley ne -a- - -yam �h�9r - 21 PSR 'fir)ot SPOKANE Cowry SPOKANEIF :11 SPOKANE REGIONAL STORMWATER MANUAL (SRSM) S.,.,k/�% U 11ey • SRSM Contents SPOKANE Cou'UX Chapter 1 Introduction Chapter 2 Presents 8 Basic Requirements (BR) & SPOKANEI Establishes Regulatory Thresholds Chapter 3 Requirements for Drainage Submittal (BR#1) ' ' " Chapter 4 Geotechnical requirements (BR#2) Chapter 5 Hydrologic analysis Chapter 6 Water quality treatment(BR#3) Spokan� .Malley 22 h t' SRSM Contents SPo,' Cony Chapter 7 Flow Control (BR#4) SPOKANE Chapter 8 Conveyance Systems (BR#5) IPP- 4 I ��11��, Chapter 9 Erosion and Sediment Control (BR#6) Chapter 10 Controlling Sources of Pollutants (BR#7) Chapter 11 Maintenance Requirements (BR#8) Spokane Appendices Design Examples Walley Y. , Changes with SRSM SPOI:f+tE COUVY Chapter 2 New Threshold Now Also Applies to: 'Projects Proposing UIC facilities !sAll projects disturbing one acre or more SPOKANE -All projects adding 5,000 square feet of FNimpervious area. This threshold applies to the total amount of new impervious surfaces added at full build-out. Chapter 4 'Removed references to pre-approved soils. p Drywell disposal requires at least minimal level of geotechnical work. -Spokane 200 Method for drywell disposal. Already in use. Cha ter 5 'Rainfall intensities are calculated differently. p Stormwater facilities are about 15-20 percent Spokane smaller Valley 23 • Changes with SRSM SpoKANT Cows Chapter 6 Continues the use of the new treatment method p developed in 2005.This method has been approved by EPA. nAll projects proposing drywells are required to provide "'1 SPOKANE treatment(UIC compliance). nAll projects proposing drywells must register with Ecology(UIC Compliance). nDischarges to surface waters may require treatment for , �,`` , metals and phosphorus. ,:1,, s.Projects with high traffic or that transfer oil/other petroleum product require oil water separators. nNew Treatment BMPs *Bio-infiltration swales(only option currently) *Biofiltration Channels *Vegetated Buffer Strips *Wetlands(must be approved by Ecology) /\SiMane 4Ualley : 1rt Changes with SRSM ,; gig. SPOKANE Cowry Chapter 8 sUpdated sizing methods to be consistent with p WSDOT Chapter 9 NProvides specific guidance for elements required by the permit. SPOKANE IF -.11 Chapter 10 MThis entire Chapter is new and is required by the permit. It requires that BMPs be implemented to �1h1 prevent pollutants from entering stormwater to , protect water quality of surface water and ' ' ' '>> grounwater.BMPs are for street maintenance such as street sweeping and catchbasin cleaning. • SOokan /e\ d'Ualley 24 50. 0 Commercial Project Exam le SPOT Coat p 1 .. _ Existing Conditions include a — - Cr building,paved parking area and _ - -- -`-"- -" - gravel parking areas wM Permit application to pave a RIM'II! - -- ;"- .� SPOKANE r r portion of the gravel areas(<5,000 �"�.._' �F•J �j� !�` 1 .,� �''II II sq.ft). The entire parcel is now (';�•"*�/ q ,�+ im ervious and over 5,000 s ware F :�/�`� P q 1 feet. ., . — a j 1\1 1 Treatment or flow control are not ;2, _. ,.. '1 ' +1,1 1 required now. Private runoff goes .., : `,4� i°' to our ROW and drywell. ' 1 h- . v-",, ' : : Private flow to public drywellA. �`j 1 IT 'T'f' F14 increases liability to the Cityy, C— — With SRSM,applicant shall provide treatment and flow 011\. control for new improved areas(if total developed area (existing+proposed)is>5,000 sq.ft. S 0 `nye, Flow control would require a swale and drywell onsite to j Y alley treat additional runoff. UIC registration requirements apply also. Commercial Project SPOT c�,- Example NEW REQUIREMENTS n Owner shall register new drywells SPOKANEI A Relationship between owner& Ecology is created 1 iZIN‘ 1Project is required to provide treatment if a drywell is proposed regardless of size of project LI Project is required to provide flood control and 11',,1.,) treatment if constructs 5,000 sq.ft of impervious area at full build-out(Currently is only if>4,999 sq.ft per PERMIT) n Eliminate piece meal projects that end up discharging to public system ,,ne Valley 25 A. ,'�, ,. Adoption Schedule Sro�Cotte Obtain SEPA determination with Spokane County and City of Spokane with Spokane SPOKANE County as the lead agency ` -.44 ; January 10, 2008 discussion with the ;1111 I Planning Commission ,,',';;\,',', January 24, 2008 public hearing with the Planning Commission m Hold a public hearing with City Council in February 2008 il Schedule a meeting with City Council by /� March 2008 with Staff recommending to �Valley motion the adoption of the SRSM A . ' Title 22.150 SroKAII Co ,r SPOKANE m Minor changes to Title 22.150 11'^' are necessary. ;,,,`,\ 1 *lune1)11 0 jUalley 26 ILI , Recommendations SPOKW COUKFY m Make minor changes to Title 22.150 SPOKNE 11 -- Adoption of the Spokane \ Regional Stormwater Manual ,, , .1\.... SOOkane . alley 5 4 f, , QUESTIONS? SPOKANE Cou' •w -,:..,"7, 111,.., -..- SPOKANE .-,..' `....- -.•-•<. : ---s• '...:4--"Z.„.401111Irmita' • - - . ":"'"' 1 i.,- ----,---- F 0,-,4-q iN r itft„, • .. , \ -.• i . ol\44.,, w SPOkane , , Valley 27 Uniform Development Code Title 22 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 DirectorDevelopment 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 DirectorDevelopment 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. 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. Draft January 10,2008 Page 1 of 6 Uniform Development Code Title 22 22.150.040050 Review Process Following submittal of a request to engage in a regulated activity, the DirectorDevelooment Services Senior Engineer shall review the proposed regulated activity including any plans or other submitted material. The D+FectorDevelopment 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 DirectorDevelooment Services Senior Ennineer may require the submission of additional material and/or analysis to allow the proponent to demonstrate compliance with City Standards. 22.150.0500.0 Conditions of Approval The DirectorDevelooment 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. The recorded covenant and agreement shall be in substantially the following form. 1. "Buyer is purchasing from Seller Lot Block in the final plat of recorded in the records of the Spokane County Auditor on the_day of , 200 at volume of Plats, Page , situated in the City of Spokane Valley, Spokane County, Washington. 2. In accordance with thc final plat and the Conditions of Approval thereof, the above described lot within the plat and from roadway and sidewalks adjacent to the plat. irrigation system. 1. The Parties desire to provide for the perpetual maintenance, repair and replacement of thc drainage swale and its irrigation system. and watering the grass in the swale to keep the grass healthy and thc swale well kop in app arance. swale irrigation system in good repair and functional for its intended purpose. drainage swale. runoff from public right of way and conform to City access standards. 5. Buyer understands and agrees that if the drainage swale is not kept and maintained as provided herein, the City of Spokane Valley may undertake said maintenance and repair and charge Buyer for its labor and maintenance. Valley." Draft January 10,2008 Page 2 of 6 Uniform Development Code Title 22 The City may also enter into a development agreem nt with the person having ownership or control of to omni 36 70Q 170 �t sc, pursuant ,q . 22.150.060 Design Elements follows: 1. Continuous swales running the length of the street located between the curb and sidewalk. 3. Consolidated ponds or swales that are located on a separate tract or lot owned by a developments. 22.150.070 Design Method determine the size of the facility: V- 1133 A, where V- Volume of swale (cubic feet) A - Pollution generation impervious surface (acres) maximum depth of water in a swale for treatment shall be sir (6) inches. Engineers designing drainage facilities located in non standard soils must submit a design deviation in accordance with SVMC 22.150.080 and receive approval from the Director prior to utilizing the above method in their design. Geotechnical justification will be required. 22.150.040070 Deviations and Appeals 1. Authority. The D+restecDevelopment Services Senior Engineer may grant a deviation from the requirements of this ordinance or City standards. In granting any deviation, the DirectorDevelopment 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 DirectorDevelopment 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 DirectorDevelopment Services Senior Engineer in the administration and enforcement of this chapter shall be final and conclusive, unless within Draft January 10, 2008 Page 3 of 6 Uniform Development Code Title 22 fifteen (15) days from notice of the DirectorDevelonment Services Senior Engineer's action, the applicant or an aggrieved party files a Notice of Appeal with the Hearing Examiner. 22.150.090080 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 inspection for any associated building. At the discretion of the DirectorDevelopment 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 DirectorDevelopment Services Senior Engineer, the proponent will complete the following measures prior to the release of the surety: 1. 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. 22.150.1-00090 Inspection The DirectorDevelopment 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. Draft January 10,2008 Page 4 of 6 Uniform Development Code Title 22 22.150.440100 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 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. 22.150.1-20110 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 DirectorDevelooment Services Senior Engineer. 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. 22.150.430120 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; or Draft January 10, 2008 Page 5 of 6 Uniform Development Code Title 22 2. The discharge of stormwater to a public stormwater facility without permission of the Director; 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. 22.150.440130 Enforcement Enforcement of this chapter shall be pursuant to SVMC 17.100. Draft January 10,2008 Page 6 of 6 , y- --= :__--- PlanningCommission -.... •. S okane - p Stgn In Sheet Valley Ift �% 0 DATE: NAME (PLEASE PRINT) ADDRESS WISH TO SUBJECT E-MAIL r`_ 1(Y f/q sir AN n A'_ SPEAK?