Ordinance 05-013 Establishes Stormwater Management Regulations CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 05-013
AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON
ESTABUSHING SECTION 10.09.08 STORMWATER MANAGEMENT
REGULATIONS OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE,
REPEALING REGULATIONS IN CONFLICT, PROVIDING FOR SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, the purpose of this ordinance is to provide authority for stormwater review,
development and control with respect to the use of land, the construction and maintenance of stormwater
facilities on public and private property, the unlawful discharge of pollutants into a stormwater facility,
and other matters properly related thereto;
WHEREAS, Congress enacted the Safe Drinking Water Act(SDWA) to protect public health by
regulating the nation's drinking water supply. The Act 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).
This determination meant that no federal financial assistance may be used in this region for any project
which EPA determines may contaminate the aquifer resulting in significant hazards to public health or the
environment;
WHEREAS, the SDWA also established the Underground injection Control (UIC) Program to
provide safeguards for underground sources of drinking water. EPA delegated UIC authority to the
Washington Department of Ecology(Ecology);
WHEREAS, EPA and Ecology have determined that public and private construction projects
must meet groundwater protection standards and have recognized the Spokane County Guidelines for
Stormwater Management as such standards;
WHEREAS, through Ordinance No.03-32 the City of Spokane Valley adopted the Spokane
County Guidelines for Stormwater Management as amended, as the interim design guidelines for
stormwater management within the City of Spokane Valley;
WHEREAS, in order to provide for the continued management and control of stormwater within
the City it is necessary to develop regulations that relate to the construction and maintenance of
stormwater facilities within the City;
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as
follows:
Section L Section 10.09.08 of the Spokane Valley Uniform Development Code is hereby
established to read as follows:
"Section 10.09.08 Stormwater Management Regulations
Section 10.09.08.01 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
Stormwater Ordinance 05-013 Page 1 of 7
constructed and maintained when property is developed or redeveloped within a geographic area. The
City shall implement policies and procedures to:
(I)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.
Section 10.09.08.02. Definitions. The following definitions shall apply throughout this section:
A. "Best management practices(BMP)" means currently available, feasible and generally
accepted techniques or practices that mitigate the adverse impact from the uncontrolled
stormwater on the environment, surrounding properties and infrastructure.
B. "City Property" means real property owned by the City which may include easements,
dedications and rights-of-way.
C. "City Standards" means the "Spokane County Guidelines for Stormwater
Management" and other standards developed or recognized by the Director that relate to
best management practices, threshold requirements for a site drainage plan, exemptions,
permitting processes forms and such other matters for the administration of stormwater
control.
D. "Director" means the City Director of Public Works or designee as authorized by the
City Manager.
E. "Erosion" means the disturbance of land or transportation of soil or other native
materials by running water, wind, ice or other geological agents.
F. "Pollution Generating Impervious Surface (PGIS)" means surfaces that are subject to
vehicular use, industrial activities, or storage of erodible or leachable materials that
receive direct rainfall, or run-on or blow-in rainfall. Metal roofs are PGIS unless coated
with an inert, non-leachable material. Roofs that are subject to venting of commercial or
industrial pollutants are also considered PGIS. A surface, whether paved or not, shall be
considered PGIS if it is regularly used by motor vehicles. The following are considered
regularly-used surfaces: roads, graveled and/or paved road shoulders, bike lanes within
the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular
storage yards, and airport runways.
G. "Site Drainage Plan" means a plan prepared by a professional engineer licensed in the
State of Washington that identifies the stormwater control area, stormwater facilities and
other measures reasonably required by the Director. The plan shall contain analysis and
recommendations based upon the "City Standards".
H "Standard Soils" means soils comprised of the Natural Resources Conservation District
groups: Garrison, Springdale, Bonner, and Hagen.
I. "Stormwater" means that portion of precipitation or snow melt that has not naturally
percolated into the ground or otherwise evaporated, but is contained, transported or
flowing above ground through streets, swales, channels, pipes, artificial or natural
surfaces.
Stormwater Ordinance 05-013 Page 2 of 7
J. "Stormwater Facility" means the drainage system including, but not limited to, drywell,
channel, inlet, curb drop, swale, ditch, detention, retention, and/or infiltration facility
designed to contain and control stormwater.
K. "Swale" means a constructed depression for the treatment and disposal of stormwater
runoff.The.swale shall be designed by an engineer licensed in the state of Washington.
L. "Threshold Requirements" means the level of development, volume, or peak flow of
stormwater that must be controlled.
M. "Performance Surety" means a financial guarantee that infrastructure required for a
project will be constructed and certified according to the accepted plans and
specifications and all applicable standards.
N. "Warranty Surety" means a financial guarantee against defects in the construction of
all required infrastructure for a project.
Section 10.09.08.03. gg. ulated 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:
(I) Grading of land in excess of 500 cubic yards so as to require environmental review
pursuant to the State Environmental Policy Act;
(2)Constriction of,or addition to, a building(except a single-family or duplex residence)
or placement of impervious surfaces that exceed 5,000 square feet; and
(3) The subdivision, short subdivision and binding site plan process as defined in RCW
Chapter 58.17 and City Ordinance.
Section 10.09.08.04. Authority to develop and administer standards. The Director shall develop and
administer City Standards that relate to best management practices and the threshold requirements for the
development of stormwater control facilities. The Director 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.
A. Review Process
Following submittal of a request to engage in a regulated activity, the Director shall review the
proposed regulated activity including any plans or other submitted material. The Director 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 Director may require the submission of additional material and/or
analysis to allow the proponent to demonstrate compliance with City Standards.
Section 10.09.08.05. Conditions of Approval. The Director 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.
Stormwater Ordinance 05-013 Page 3 of 7
The recorded covenant and agreement shall be in substantially the following form:
I. "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 , 200J at volume of Plats, Page
situated in the City of Spokane Valley, Spokane County, Washington.
2. In accordance with the final plat and the Conditions of Approval thereof the above described
lot contains an easement for a drainage swale into which storvnwater flows from paved
surfaces within the plat and from roadway and sidewalks adjacent to the plat.
3. The drainage swale has been constructed, sodded with grass, and irrigated
4. The Parties desire to provide for the perpetual maintenance, repair and replacement of the
drainage swale and its irrigation system.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein
and the recitals stated above, the Parties agree as follows:
1, Buyer agrees to maintain the drainage Swale on the lot described above by mowing,
fertilizing and watering the grass in the smile to keep the grass healthy and the swale well-
kept in appearance.
2. Buyer will provide and pay for water to irrigate the drainage swale. In addition Buyer agrees
to keep the drainage wale irrigation system in good repair and functioncfl for its intended
purpose.
3. Buyer agrees to remove litter and debris from the drainage swale and f other agrees not to
alter the shape or grade of the drainage swede nor place any object, structure, or vehicle
within the drainage swale.
4. The City of Spokane Valley will clean and repair any drywells, inlets, and pipes that receive
rwnoffrvm 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.
6. The Agreement shall run with the land in perpetuity unless revoked by the City of Spokane
Valley. "
The City may also enter into a development agreement with the person having ownership or control
of the real property that is subject to this Ordinance. Such development agreement shall be entered into
pursuant to RCW 36.70B.170, et. sec.
Section 10.09.08.06. Design Elements. Drainage facilities within single-family or two-family
residential subdivisions shall be designed as follows:
(I) Continuous swales running the length of the street located between the curb and sidewalk.
These swales shall be within City right-of-way or within a border easement granted to the
City, or;
(2) Consolidated ponds or swales that are located on a separate tract or lot owned by a
homeowners association or dedicated to the City. Consolidated ponds or swales are
acceptable within private commercial developments.
Stormwater Ordinance 05-013 Page 4 of 7
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Section 10.09.08.07. Design Method- Drainage ponds and swales located in Garrison or other
standard soils may use the equation below to determine the size of the Facility;
V = 1133 A, where •
V = Volume or swale.(cubic Feet)
A = Pollution generating impervious surface (acres)
Engineers designing drainage facilities located in non-standard soils must submit a design deviation in
accordance with Section 9-08.08 and receive approvel from the Director prior to utilizing the above
method in their deign- Geote.chnical justification will be required.
Section 10.09.08.08, Deviations and Appeals
I. Authority. The Director may grant a deviation from the requirements of this Ordinance
or City Standards. In granting any deviation, the Director 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. Director, the following:
A. Deviations are based upon sound engineering principles, best management practices
and are not inc•orsiste.n1: with the. public interest in stormwater control and environmental
protection; and
B. The gninting of the deviation will not be unduly detrimental or injurious to other
properties in the vicinity and downstream,
C. The proposed deviation dots not conflict with or modify a condition of approval.
D. Deviations meet recuirements 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 Director in the administration and enforcement of this
chapter shall be Final and conclusive; unless within 15 calendar days from notice of the
Director's action, the applicant:or an aggrieved party files it notice of appeal with the
Hearing Examiner. - •
Section 10.09.08.09, Stormwater Facility Construction and CertilicaLion. All stormwater
facilities shall be completed and cerLi Fed by the proponent's engineer prior to any final plat, short
Mai; binding site plan, or the issuance of a permanent Certificate of Occupancy or final inspection
for any associated building- At the discretion of the Director, a test of the facility may be
performed to demonstrate adequate performance. The test shall be performed in the presence of
Public Works 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
unpractical (i.c., due to construction season delays or other factors beyond the proponent's control). The
period of the.surety shall be limited to a typical duration eight months.
In the event that a performance surety k accepted by the Director, the proponent will complete the
following measures prior to the release of the surety=
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I. All aspects of the drainage ft{eility including landscaping, irrigation, and establishment of
specified vegetation, shall be completed in accordance with the accepted plans on file with the
Cil.y. The proponent's engineer steall certify the improvements and request an oversight
inspection from Public Works 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 s vales to the required volume and install all dry sells, 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. 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 sui....e.essfial 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.
Section 10.09.08.10_ Inspection.
The Director is authorized to field inspect, as appropriate, street, building site, and drainage
construction to verify conformance with City standards and the conditions of approval_
Section 1.0,09,08.11. Property Owner Responsibilities.
A. 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 oldie swale situated in a public right-of-way adjacent
to their respective properties. For purposes of this chapter, "repair and restoration" shall mean conforming
the stormwater facility to the plans on rile 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.
"Maintenance" means preservation of the original area, volume, configuration and function of the
stormwater facility as described in the plans_ "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 clrywells,
inlets, and pipes that receive runoff from public right of way and conform to City access standards_ The City
of Spokane Valley will maintain these structures upon acceptance of the public infrastructure.
B. 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 storniwater easement is reduced the property owner is responsible for removing
the encroachment or detriment.
C. The property owner is responsible for keeping open maintenance access easements serving
drainage facilities and drainage easements_ 4
.D. The Property owner shall not place or permit, and shall immediately remove, vehicles,
equipment, objects, refuse, garbage or litter from the Stormwat:cr Facially,
Section 10.09.08.12. Public Drainage Facilities. ft 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. For purposes of this chapter,
unauthorized waters include, but are not limited to:
(a) Groundwater from springs or other natural or artificial sources, foundation drains,
sump pumps, and other means of discharging groundwater to the surface; (b) Surface
water containing sediment; (c) Discharges from swimming pools, hot tubs, detention or
Stormuwater Ordinance 05-013 Page 6 of 7
evaporation ponds; (d) 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; (e) Water discharged from the cleaning of equipment or containers holding
paint solvents or similar contaminants; and (t) Other water posing a safety hazard in the
travel way or that could reduce the effectiveness of stormwater control and treatment
facilities.
Section 10.09.08.13. Failure to Comply—Nuisance.
The following is declared to be unlawful and a public nuisance:
(a) The placement, construction, or installation of any structure within, or the
connection to, a public Stormwater Facility without written permission of the
Director: or
(b) The discharge of stormwater to a public Stormwater Facility without
permission of the Director; or
(c) The failure to construct or maintain the Stormwater Facility as required in the
permit or site drainage plan; or
(d) The placement or allowing the placement of vehicles, equipment, objects,
refuse, garbage, or litter within the stormwater facility.
Section 9.08 is subject to the provisions of Section 10.01.20: of the Spokane Valley Uniform
Development Code. For purposes of this section "Director" shall be the Director of Public Works.
Section 2. Repealer. Provisions of the Spokane County Guidelines for Stormwater Management in
conflict are hereby repealed.
Section 3. Severabilim lf 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 five (5) clays after date of
publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 8Ih day of March, 2005.
U LG v Q \X.)
t
A-prts S Mayor, Diana Wilhite
Ci Clerk,Christine Bainbridge
APPROVED A, ! ORM:
A . . . _/ /
Deputy h1 ty Attorney, sry Driskell
Date of Publication: 3--j)-cis '
Effective Date:
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