HomeMy WebLinkAbout3266 Amending Port Townsend Municipal Code Chapter 13.32 Stormwater Management Requirements Ordinance 3266
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ORDINANCE NO. 3266
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 13.32
STORMWATER MANAGEMENT REQUIREMENTS
RECITALS:
The City Council of Port Townsend finds as follows:
1. The City has received funding for, has planned and is nearing completion of
construction of the Rainier Regional Stormwater Facility.
2. The Regional Facility serves a special benefit area that is in the tributary to this
Facility
3. To create this specific Rainier Regional Stormwater program, an amendment to
the Stormwater section of the Port Townsend Municipal Code is required in order
to allow for payment in-lieu-of construction programs and for the formation of
regional stormwater programs.
NOW, THEREFORE,the City Council of the City of Port Townsends hereby ordains as
follows:
Section 1. Chapter 13.32 Stormwater Management Requirements is amended as indicated in
Exhibit A..
cctioii 2. Severability. If any sentence, clause or phrase of this ordinance should 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 or work of this ordinance.
Section 3. Effective Date. This ordinance shall take effect and be in force five days after the date
of its publication in the manner provided by law. Publication of this ordinance shall be by
summary thereof consisting of the title.
Ordinance 3266
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ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 7"' day of June 2021.
)_w4c
4_1,_1C&"f
Michelle SandovalP . ......................
Mayor
Attest: Approved as to Form:
Joanna Sanders MMC MC ll�IdI C mm.
�m�ct� c-acrs:�
City Clerk City Afttorne
Ordinance 3266 Exhibit A
Page I of 7
EXHIBIT A
Chapter 13.32
STORMWATER MANAGEMENT REQUIREMENTS
Sections:
13.32.010 Minimum requirements for drainage improvements.
13.32.020 Drainage plan— Submission.
13.32.030 Drainage plan—Contents.
13.32.040 Development in ctivironmemally sensitive areas or impacting ESAs.
13.32.050 Review and approval of the plan.
13.32.060 Establishment of regional facilities.
13,32.065 ....Pa ment in lieu of cotc,i ,t program
13.32.070 Applicability to government entities.
13.32.080 Protection of public/private rights.
13.32.010 Minimum requirements for drainage improvements.
A. All developments shall comply with the Department of Ecology's February 2005
Stormwater Management Manual for Western Washington ("2005 SWMM-WW"), except for
the following: Section 2.6 —Optional guidance, relating to financial liability and off-site analysis
and mitigation, city engineering design standards, city stormwater master plan, and adopted
drainage basin plans for all clearing and grading activities, for erosion control during
construction and for permanent drainage system improvements.
B. Surface water entering the subject property shall be received at the naturally occurring
locations and surface water exiting the subject property shall be discharged at the natural
locations with adequate energy dissipaters within the subject property to minimize downstream
damage and with no diversion at any of these points.
C. All developments shall do the necessary analysis and install the necessary mitigations to
ensure that stormwater exiting their property is discharged at a safe location which will not
impact other property owners.
D. All structures shall be built such that finished floor elevations are in conformance with the
International Building Code as adopted or hereafter amended.
E. Building plans shall clearly show locations of drainage system and stormwater controls within
property limits and any off-site drainage improvements.
F. Considerations for the discharge of water off-site include but are not limited to the following:
1. Sufficient capacity of downstream facilities under design conditions;
2. Maintenance of the integrity of the receiving waters;
3. Possibility of adverse effects of retention/detention;
Ordinance 3266 Exhibit A
Page 2 of 7
4. Utility of regional retention/detention facilities;
5. Capability of maintenance of the system; and
6. Structural integrity of abutting foundations and structures.
G. All developers not providing permanent stormwater control facilities will be required to sign a
no-protest agreement for future participation in a stormwater-related LID.
13.32.020 Drainage plan —Submission.
A. All developers applying for any of the following permits and/or approvals may be required to
submit for approval a drainage plan with their application and/or request:
1. Grading permit;
2. Street development permit;
3. Substantial development permit required under Chapter 90.58 RCW(Shoreline
Management Act);
4. Subdivision approval;
5. Short subdivision approval;
6. Commercial, industrial or multifamily site plan approval;
7. Rezones;
8. Conditional use permits;
9. Planned unit developments;
10. Building permits, where the permit either(a) authorizes or is for new construction
totaling 40 percent or more of developmental coverage within the subject property; or (b)
authorizes or is for new construction which, together with pre-existing developmental
coverage, would result in 40 percent or more developmental coverage within the property or
(c) is for development in an environmentally sensitive area or which has the potential to
impact an environmentally sensitive area;
11. Building permits, where the new development does not involve a change in impervious
coverage of a site but where one of the following conditions exist:
a. The stormwater from the existing development is connected to the sanitary sewer
system.
b. The drainage system serving the existing development is inadequate to prevent
impacts to neighboring properties.
c. Water quality issues are a concern either from the existing development or from the
proposed development.
Ordinance 3266 Exhibit A
Page 3 of 7
B. In addition, a drainage plan may be required for creation of impervious area, not covered by a
permit, which exceeds either:
1. Five thousand square feet; or
2. Forty percent developmental coverage within the subject property.
C. Construction work done under any of the above permits or applications shall not begin until
such time as final approval of the drainage plan is obtained in accordance with PTMC 13.32.050.
D. The same plan submitted during one permit/approval process may be subsequently submitted
with further required applications. The plan shall be supplemented with such additional
information that is requested by the public works department or required by the provisions of the
engineering design standards manual and/or DOE Stormwater Management Manual for the
Puget Sound Basin.
E. Temporary erosion and sediment control measures may be required under Chapter 5 of the
engineering design standards at the discretion of the director for:
1. Site preparation and/or construction of any development; or
2. Creation of impervious area which exceeds either:
a. Five thousand square feet; or
b. Forty percent of the subject property.
13.32.030 Drainage plan —Contents.
All persons applying for any of the permits and/or approvals contained in PTMC 13.32.020 shall
provide a drainage plan for surface and pertinent subsurface water flows entering, flowing
within, and leaving the subject property both during and after construction. The detailed form
and contents of the drainage plan shall be described in procedures established by the public
works department, or in the engineering design standards manual and/or DOE Stormwater
Management Manual for the Puget Sound Basin. The engineering design standards manual, and
the DOE Manual, will set forth the manner of presenting the required information which may
include but is not limited to the following:
A. Background computations for sizing drainage facilities:
1. Depiction of the drainage area on a topographical map of approved scale and contour
interval, with acreage of the site, development, and developmental coverage indicated;
2. Indications of the peak discharge and volume of surface water currently entering and
leaving the subject property due to the design storm;
3. Indication of the peak discharge and volume of runoff which will be generated due to the
design storm within the subject property if the development or proposed activity is allowed
to proceed; and
4. Determination of the peak discharge and volume of water that will be generated by the
design storm at various points on the subject property;
Ordinance 3266 Exhibit A
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B. Proposed measures for handling the computed runoff at the detail level specified in the
engineering design standards manual and/or DOE Stormwater Management Manual for the
Puget Sound Basin:
1. The design storm peak discharge from the subject property may not be increased by the
proposed development; and
2. Retention/detention facilities must be provided in order to maintain surface water
discharge rates at or below the existing design storm peak discharge; and
C. Proposed Measures for Controlling Runoff During Construction. The requirements of this
section may be modified at the discretion of the city public works department in special cases
requiring more information
13.32.040 Development in environmentally sensitive areas or impacting ESAs.
Development in environmentally sensitive areas (ESAs) or development which has the potential
to impact ESAs must meet the requirements of Chapter 19.05 PTMC or other requirements as
determined necessary for the protection of the ESAs as determined by the public works director.
13.32.050 Review and approval of the plan.
All storm drainage plans prepared in connection with any of the permits and/or approvals listed
in PTMC 13.32.020 shall be submitted for review by and approval of the public works
department in accordance with the procedures established in the engineering design standards
manual and/or DOE Stormwater Management Manual for the Puget Sound Basin.
13.32.060 Establishment of regional facilities.
In the event that public benefits would accrue due to modification of the drainage plan for the
subject property to better implement the recommendations of the comprehensive drainage plan,
the public works department may recommend that the city should assume responsibility for the
further design, construction, operation and maintenance of drainage facilities on the subject
property. Such decision shall be made concurrently with review and approval of the plan as
specified in PTMC 13.32.050. In the event that the city decides to assume responsibility for
design, construction, operation, and maintenance of the facilities, the developer will be required
to contribute a pro rata share to the construction cost of the facilities. The developer may be
required to supply additional information at the request of the public works department to aid in
the determination by the city. Guidelines for implementing this section will be defined in the
engineering design standards manual and/or DOE Stormwater Management Manual for the
Puget Sound Basin.
13.32.065 Payment In-1 icy-of Constructio! 1'ro ranL
A. Pur op se.
Fhis section establtsl es—11!9_1 ca cnt ict li,etc-cel"ctan�strtrction l z gj�sirn C.pr grain" . App Lic ition
for t,�"��.__.�� g � � _ifi
l� Pro ran�n� �s volt.cr�taac• ,�c�c1 trot c��ac°td ctt�r . 1"lais eco rangy s1�a11 be a.vall��l�lc taac• a��lct7
ed
� �o1�ment and reclevelo meat I)ro`ects re( „c�ed to nniti gate for stormw�w�ater inil)5ict�;phi
new cicvel_
MinicnUin Requirement # — Flow Coighol as clefin d in the DQ2grtnient of 1,colp�np StonriNyater
Mail aersons op their behal f; may
<a���l to the director tnnder this prograin to pay a regional stortjawatn��m ccleevvclpilinent charge
Ordinance 3266 Exhibit A
Page 5 of 7
in-lieu-of constructiljg_stormwater flow control best management aract res,, on the vroiect site.
J!he available capqLay .fvt re 11 1 inwatc:r flacilit t 11) �L rmwaler flow control f�'or
-q—,,�to a stor Q.j2_ �j(I e ,t q
mitigat on ol,stol-mWater ilnpa!�, on Cacit ' \v 11 be allocated to (111""ali
�Nlitiggi im
benefittd-12reniises under this proguarri. A system devel Umment charge will be assessed to
reirnburs! the (�lic historic capital costs to construct the regyktoLmal stormwater facilities that
pr2—vid 12ro'e
j ets aj )rourarn.
j1proved under the 1,
AR.�-,.kpp Ifi-e qt i g
ti.�j or the bra
e reviewed and approved I?
j_ - the director._
13. Bg-Liej:jttedj)rernises.
p-r ?f this sectionthe jLhrase " ises" shall ma L
eiar LllLf, refer 1-�benef i ttCd��)rcljl _ q the asci ac
roar'-c-eILs),tractC,s or.lots oar ortions therept", the develonnient or redevelot)ment of whicli has
�Lnxl—undq.14L's PE()&E
gq!2-jor�nijti ation ofassociated stormwarter rraa acts ire-9rerr-rot`
conslruGfiLig J;i(liy LdgLai 9
-,—IormwLter—treatrngA-L)��mitrmmil
ol best anas- ent iron
actices [lie
12L(j q site. Such benefitted t remise
Ls,-i
_ d issociatedimprovements. shall be described in the
The benefitted_ or rise of the f�rci
,1521 niti rrticoru. t,fW-11 ,L—cleter",i nat kLI, of the f excess miliggLigii uNa it , t11��
benefited pr mses may be expanded.
C-tic l.Pico n"If SIDEM—Water FacitAy,
,
-Equiurmsesol7this section th�,I�, prase "re onal stornmater facili
tv" shall mean mid include
.(DA-i—singles—tormater fac�11i1yStesil,11C�1 to Provide WateLqq-ality and/or flow control for a lar
LA a—basin oLsubb,
ls�Ln A!2�l clear Mj!��d�bth�e director to be utilized under the
program to mitigationdesigned
to 1,,)rovicle water q!Lglity or flow control for a Igge region or portiron of a lrrasin or subbasin and
ksi�Iffilted�btl�ledireclor to bc-u—lilizcd uLidgr the lit
L)--V��Juntqr�I?Liyn-ient agreement.
ILOr"2111 L0,se'; of—thiS, sect ignlk-rrla,rrase " olrrntm-pument aurcement" shall inean and refer to
that aFreement entered sets forth the
terms and conditions RLmsuant to wiliell char,e
in considerationfoi-the able to miti
I- ....-9 Lit C
storm'Ycater im aracts ass)cjqtcd with Alev-domient or wed evelr.)P—nient of the lieiie.f-ittLcl..jl)a°eiiiises,
E- Regional stornlwatci-s3Lstcjp developgIgnt cli
A-E
which re or°cscruts the pro m o rgg°`;eccdtable share ofthe )rCsen( W01,011polf
jug)ital cost
associated that will be deRJOINIted Under the
..............
I"r(,) I r ateforassociated frith the permitted4aroject aflong Witil tile
—An app-h-cLuit c ualified under flihs )ro gaLn shall be assessed a
i.mi—o"Lit-a—tol—illw.ter s stem cl.e cloramerat urarr~xe for a s ccrf e;torruu tcr° f icility iia (lie
storm, gter system L tem dc� (),pnIp it
—
-a_ qL Lr_
Ordinance 3266 Exhibit A
Page 6 of'7
char ae is defined in tile city cif fort.Townsend regional stormwater facility lan for each §pecatGc
facilit "1 he Systei'll develoonient charae for each reaional stom
I%Wltel- 11"WilitY inClUded in the
pj:q.gLqgi shall be established by ordinance of the city council, Rggj2nal stormwater s,yLel]L
develo milent, chames shall be i ,�tcidition to andevcl
-%vide systeni gjLm�jiL
Stablished Cit
charg��sLfoor sjornimag,
F'. CmIICLIIatiOTIL21 '1 -nent.
S.yI
'File araacarnt of surfac - ouirnig slorniwateK mitigation will be calculatj!e�d�based�t oil tile
.e area ic
prqpg� d!-j Lipproved by--,isjjlIp
i -L ermit. n a
Apolicant,
y of Q:L'l'ownsqnd constructim
c�.qaL)t_pqy for aLid resemiLiitigation, gqgk within a regiional stornmater facility :ro p,otential
t1iture mitigation needs. 1--meh system cleyelooment char ue assessed shall.be aid to the cityatthe
time of cojjstr�rction :aerraait issta�ar;ace.`
G, Maintenance Surchgg��.
A mainteiyance sur�ghargy,�4 may be aSSCSSedl Upon tile bengiftted remises in..addition to the surface
water rate or-chaiyes. Tb e maintenance surchame is intended to ecWlitablv recover tile
ilia i ntenance costs associated withthey 'i J 11
�s defined in Lir�gg o al
stormwatgLp-1.4�. ForFgrpgss�iis sectionthe term 'j-paintenance" shall mean and include
omz-�oin mq intenance operation, repair and re I I acement. FqUqrf this section. the term
-. p ose� 2
'L'Maintenance costs" shall me gna% AcLibleLl [lie total costs of maintenance ofa reg ional
.Uj,_ _
stormwater facility ror which all, or substantially all,.� I�the c�
a 2gcjypf�the rc�ional stormwater
I Lki-C-i I-i it—U.) flow Conqol is allocated to provide miCjpat ioi2-
capacity under this R"on-am. or(2) the total increase in the costs of maintenance of a regional
storniNvater facility that has been exnanded to orovide miti Li Winder thisram.
-p"()
The iiiaititeilaiice.stii-el ,will be calculated I)y ,multiving, the total maintenance costs for the
ELgionifl—fi'ciU'I.Y-bX'-(I-'e-j--)e Lhe regional.1, i tallocrated to
the bcnefiLtedj2jtreel. The mainterr,man(e sur hargeflpr each, rggional stornmater facilit included
in the o-ro rasa shall be estgblislied by )-djmanqe of the city COUncif.
Ff. RUIes and
The director-is authorized to dei Lekia��Lish gles and re'LlIations implementing
-L_ _fliis
section: provided that such rules and reLmlations shall be com;istent with the t)rovisions of this
section.
LAQUII I i ti-Ca Ii 0 11
In order to qualifv Lf for th-
e pro *ratan,outlined under this section:
_
1, "rhe applicant shall suhnift a eoj)!jlj.[cted a lication, on f6m2LRM
ided-hyi—he
hermits for the prml.Qcd�Ir(�C�Cv-
2. The ent or redevelopment
p�reajct,tas those terms are
-_-- . -
Ordinance 3266 Exhibit A
Page 7 of 7
3. J.'11SI-1"ro 20scd prQj�ot inust bg.located in aji area de� ...Tomisend
Re Tonal Stormwater Facility Plan and the Le cilitV sp!��cjj...
ecific
orjhraLicc
4, 'I"he director nitts( (tote rnjj!jtllat tJjLrc),i onal stonnLw
c�lMd!Y.-La—Vailabl 1911gsed
5. The fret J��c t must mjy with all apaliqabl�q..p.Qrtiops of the Department of Ecology-
SWM I and City of Port Towiisend Regiojial S(0.'-M-w41-qLFacility lel
6. 'rhe ij2piictijit,shallVo�Ik-�111JTILQu—)Iatioji rcc tic ted by
the city Shat is reasoll&)1Y
elaatcd jgalification for the proj,,,r,inv and
7, 'Fhg-j,)r0jLeqy owner shall exccLt
_
form i12DLoygd b tl e dia ctoi and the Citymicy., lie bejj�Lfitted it�epijscs�shgjl be
AttL_ _j�__
desigiiated
The covenants set forth hi the �,o]tLiitirp,--tytii.gaL-,irecnlgnL�bA oil rordiri with
the Mfet�son Qoqq Aud.Ljot
L0r
.......— y S�Y� C.Ssor NL�reditedLLo—and !L�..ab—cnerlt to.
1,11912019 Litt !Lie kaid ..L.p oyided '(WL11,—the 64Y:�i-c-ovqn-aits shall
_
110t lyto additional stornimater ill -1develoR
"cacti —rc ]—lient (iL,—,CW
develgpanent of a�g )or�&n ofthe benefitt (Lj 121as sg,s
It shall...1-gAhe rcsLjbility g'the
L
applicant to_timely record the vcalaant as a ane¢ t a a ca cnt as i relccJlercili '111d
sqbpjjLtLMy��Athc�r���grgctnctLt to the (1irectoi% 'Fhg,,city shall maintaip a cf)py of
tile a Lecinq j
9 _p !11�11clit
13.32.070 Applicability to government entities.
A. All municipal corporations and governmental entities shall be required to submit a drainage
plan and comply with the terms of this chapter when developing and/or improving land
including, but not limited to, road building and widening within the areas of the city.
B. It is recognized that many other city, county, state and federal permit conditions may apply to
the proposed action and that compliance with the provisions of this chapter does not constitute
compliance with such other requirements.
13.32.080 Protection of public/private rights.
Implementation of any provision of this chapter shall not cause nor be construed as an
infringement of the rights of individuals, municipalities, or corporations other than the developer
seeking a permit or approval as described in PTMC 13.32.030