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Ordinance 1924ORDINANCE NO. 1924 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A NEW CHAPTER 12.17 OF THE EDMONDS CITY CODE AND REQUIRING A DRAINAGE PLAN TO BE SUBMITTED IN CONJUNCTION WITH CERTAIN PERMITS, SPECIFYING THE CONTENTS THEREOF, REQUIRING SURETY AND CASH BONDS, AUTHORIZING CITY ASSUMPTION OF RETENTION AND DETENTION FACILITIES. WHEREAS, an expanding city population and increased development of land will lead to drainage and run-off problems unless adequate provision is made for the same, and WHEREAS, these drainage and run-off problems contribute to increased siltation of the ponds, -creeks, streams, thereby degrading water quality, and WHEREAS, inadequate drainage planning leads to erosion and concomitant property damage, and WHEREAS, excess water run-off coming upon streets and highways will pose a safety hazard to both lives and property, and WHEREAS, the City Council finds that these problems could be resolved if developers gave careful consideration to the drainage of their property, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There is hereby created a new Chapter, 12.17, of the Edmonds City Code entitled, "Surface Water Drainage Plans." Section 2. 12.17.010. Purposes. The City Council finds that this Chapter is necessary in order to minimize water quality degradation by preventing the sedimentation of the creeks, streams, ponds, lakes and other water bodies; to protect property owners adjacent to developing land from increased run-off rates which could cause erosion of abutting property; to promote sound development policies which re- spect and preserve the City's water courses; to insure the safety of City roads and rights -of -way; and to decrease surface water damage to public and private property. Section 3. 12.17.020. Definitions. (1) "Comprehensive drainage plan" refers to a detailed analysis for each drainage basin which compares the capabilities and needs for run-off accommodation due to various combinations of development, land use, structural and nonstructural management alternatives. The plan recommends the form, location and extent of quantity and quality con- trol measures which will meet legal requirements, water quality standards, and community standards, as well as identifying institutional and funding requirements for plan implementation. (2) "Computations" shall mean calculations, includ- ing coefficients and other pertinent data, made to determine the drainage plan with rates of flow of water given in cubic feet per sec- ond (cfs) . (3) "Design Storm" shall mean that rainfall event selected by the DPW for the purposes of design, specifying both the return period in years and the -2- duration in hours. (4) "Developmental coverage" shall mean all developed surface areas within the subject property including, but not limited to, rooftops, driveways, carports, accessory buildings, parking areas, and other impervious surfaces. (5) "Director of Public Works (DPW)" is the DPW or his designee. (6) "Drainage area" shall mean the watershed (acreage) contributing surface water runoff to and including the subject property. (7) "Drainage guideline manual" shall mean the manual of technical and administrative procedures established by the Public Works Department which specifies methods to be used, the level of detail of analysis required, and other details for implementation of the provisions of this Chapter. (8) "Drainage plan" shall mean a plan for receiving, handling, and transporting surface water within the subject property. (9) "Drainage treatment/abatement facilities" shall mean any facilities installed or constructed in conjunction with a drainage plan for the purpose of treatment or abatement of urban runoff, excluding retention or detention facilities. (10) "Open Channel" shall mean a ditch, swale or stream section which will provide capacity for the maximum design storm flow. The top of the -3- (12) (13) (14) bank of the open channel will be one foot above the maximum flow line for the designed storm. "Peak discharge" shall mean the maximum sur- face water run-off rate (cfs) determined for the design storm frequency prior to the development. "Receiving bodies of water" shall mean creeks, streams, lakes and other bodies of water into which surface waters are directed, either natu- rally, or in man-made ditches or open systems. "Retention/detention facilities" shall mean fa- cilities designed either to hold run-off for a short period of time and then releasing it to the natural watercourse or to hold water for a consid- erable length of time and then consuming it by evaporation, plants, or infiltration into the ground. "Subject property" shall mean the tract of land which is the subject of the permit and/or approval action. Section 4. 12.17.030. Submission of a Drainage Plan. (1) All persons applying for any of the following permits and/or approvals shall submit for approval a drainage plan with their application and/or request: (a) Grading Permit (b) Substantial development permit required under RCW 90.58 (Shoreline Management Act) -4- (c) Subdivision approval (d) Short subdivision approval (e) Rezones (f) Conditional use permits effecting a drainage change (g) Building permits where the permit re- lates to 5,000 or more square feet of developmental coverage within the property (h) Planned Residential Development. Commencement of construction work under any of the above permits or applications shall not begin until final approval of the drainage plan is obtained in accordance with Section 12.17.070 of the Edmonds City Code. (2) The same plan submitted during one permit/approval process may be subsequently submitted with further required applications. The plan shall be supple- mented with such additional information that is requested by the DPW or required by the provisions of the Drainage Guideline Manual. (3) The plan requirement established in this section will not apply when the DPW determines that the proposed permit and/or activity: (a) Will not seriously and adversely impact the water quality conditions of any affected receiving bodies of water, and (b) Will not alter the drainage patterns, in- crease the peak discharge or surface or -5- subsurface or cause any other adverse effects in the drainage area. Section 5. 12.17.040. Contents of a Drainage Plan. All persons applying for any of the permits and/or approvals contained in Section 12.17.030 of the Edmonds City Code shall provide a drainage plan for surface and pertinent subsurface water flows entering, flowing within, and leaving the subject property. The detailed form and.contents of the drainage plan shall be described in procedures established by the DPW in the Drainage Guideline Manual. The procedures will set forth the manner of presenting the following re- quired information: (1) Background computations for sizing drainage fa- cilities: (a) Depiction of the drainage area on a topo- graphical map, with acreage indicated. (b) Indication of the peak discharge and amount of surface water currently entering and leav- ing the subject property. (c) Indication of the peak discharge and amount of run-off which will be generated within the subject property if development is allowed to proceed. (d) Determination of the peak discharge and amount of water that will be generated by ten (10) year storm frequencies at various points on the subject property. (2) Proposed improvements for handling the computed run-off. (3) At the time of approval of the drainage plan for the subject property, a schedule for inspection of construction and facilities will be established by the Director of Public Works. Section 6. 12.17.050. Mandatory Requirements for Drainage Improvements. (1) (a) Surface water entering the subject property shall be received at the naturally occuring location and surface water exiting the sub- ject property shall be discharged at the natural location with adequate energy dissi- pators within the subject property to mini- mize downstream damage and with no diversion stream at any of these points; and (b) The peak discharge from the subject property may not be increased due to the proposed development; and (c) Retention/detention facilities must be pro- vided in order to handle all surface water in excess of the peak discharge that was present prior to the development. (d) Where open channel construction is used to handle drainage within the tract, a minimum of fifteen (15) feet shall be provided be- tween the structures and the top of the bank of the defined channel. (i) In open channel work the water surface -7- elevation shall be indicated on the plan and profile drawings. The configuration of the finished grades constituting the banks of the open channel will also be shown on the drawings. (ii) Proposed cross section of the channel shall be shown with stable side slopes as approved by the DPW. (iii) The maximum water surface elevation of the design flow shall be indicated on the cross section. (e) When a closed system is used to handle drain- age within the tract, all structures shall be a minimum of ten feet from the closed system. (2) Deviations from any or all of the foregoing require- ments may be permitted only after a determination by the DPW using the Comprehensive Drainage Plan and employing the following criteria: (a) Capacity of downstream facilities; (b) Acceptability of receiving bodies of water; (c) Possibility of adverse effects of retention; (d) Utility of regional retention facilities; and capability of maintenance of the system. Section 7. 12.17.060. Development in Critical Flood Drainage and/or Erosion Areas. Development which would in- crease the volume of discharge from the subject property shall not be permitted in areas where existing flooding, drainage and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the sur- rounding community, until such time as the community hazard is alleviated. Section 8. 12.17.070. Review and Approval of the Plan --Appeal. All storm drainage plans prepared in connec- tion with any of the permits and/or approvals listed in Sec- tion 12.17.030 of the Edmonds City Code shall be submitted for review by and approval of the DPW. Appeals from the approval or denial by the DPW shall be made in writing to the City Council within ten (10) days from the date of the DPW's decision. The City Council in deciding the appeal, shall follow the criteria as set forth in this Chapter, the Comprehensive Drainage Plan and the Drainage Guideline Manual. Provided, however, that stand- ards relating to methods of construction or materials adopted by the City or established by the DPW shall not be varied, modified or waived by the City Council. Any appeal from the decision of the City Council shall be made within ten (10) days of the City Council's decision to the Snohomish County Superior Court. Section 9. 12.17.080. Establishment of Regional Facilities. If modifications of the Drainage Plan for the subject property would better implement the provisions of the Comprehensive Drainage Plan, the Director of Public Works may recommend to the City Council that the City should assume responsibility for the further design, construction, and maintenance of drainage facilities on the subject property. In the event the City assumes responsibility for design, construction, and maintenance of the facilities, the de- veloper shall be required to pay the portion of the design and construction costs of the facilities which would be required for and are attributable to, the subject property. Section 10. 12.17.090. Bonds, Release and Indemnifi- cation Required. The DPW is authorized to require all persons constructing retention/detention facilities to post performance, maintenance and cash bonds. (1) Performance Bond. Prior to commencing construc- tion, the person constructing the facility shall post a performance bond or other suitable security guaranteeing construction will occur in an amount sufficient to cover the cost of conforming said construction with the approved drainage plans and in a form approved by the City. The amount of the bond shall be increased at one-year intervals in a proportion equal to the prevailing rate of inflation in construction costs. After determina- tion by the DPW that all facilities are constructed in compliance with the approved plans and upon providing maintenance bond as hereinafter provided, the performance bond shall be released. (2) Maintenance Bond. After satisfactory completion of the facilities, the person constructing the facility shall maintain the facility for a period of two years. A maintenance bond, or other suitable security, shall be maintained throughout the two- year period. The bond amount shall be set by the -10- DPW in an amount sufficient to cover the costs of correcting all deficiencies in construction, design, workmanship or maintaining and operating the facility. (3) The owner of the subject property shall execute a release and a covenant running with the land binding on himself, his heirs, assigns and succes- sors in interest, as well as all future owners of the property to indemnify, defend and hold the City harmless from any and all claims for damages of whatever nature, or injunctive relief occasioned by the construction, operation or maintenance of the drainage facilities. This covenant shall be recorded at owner's expense. Section 11. 12.17.100. City Assumption of Maintenance. At its option, the City shall assume the maintenance of retention/detention facilities on private property if the retention/detention facilities are judged by the DPW to be for public benefit. Any decision by the DPW to forego assumption of the maintenance of retention/detention fa- cilities shall be made prior to approval of the drainage plan. If the City decides not to assume the maintenance of the retention/detention facilities, the developer shall make arrangements for assumption of maintenance in a manner approved by the DPW. Such arrangements shall be completed and approved prior to the end of the two-year period of developer responsibility. -11- Should the City assume maintenance, the following con- ditions shall be met: (1) All of the requirements of Section 12.17.090 of the Edmonds City Code have been fully complied with; (2) The facilities have been inspected and approved by the DPW after two (2) years of operation; (3) All necessary easements entitling the City to properly maintain the facility have been conveyed to the City and recorded with the Snohomish County Auditor at the owner's expense. Section 12. 12.17.110. Applicability to Governmental Entities. 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. Section 13. 12.17.120. Effective Date. The require- ments of this chapter shall apply to all plats receiving final and preliminary approval subsequent to the effective date of this Chapter. In the case of all additional ac- tions enumerated in Section 12.17.030 of the Edmonds City Code, the terms of this chapter shall apply where final action by the City has not been taken prior to the effective date of this Ordinance. Section 14. 12.17.130. Establishment of Drainage Guideline Manual. The DPW is hereby authorized and directed to conduct studies, assemble data, establish rules, regu- lations and procedures, and take all other steps necessary -12- to prepare the Drainage Guideline Manual. Section 15. 12.17.300. Severability. If any sec- tion, subsection, clause, phrase, or word of this Ordinance or any provision adopted by reference herein is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. APPROVED: ,'H. H. HARRISON MAYOR ATTEST: CITY CLERK, IRENg VARNEY MORAN FILED WITH THE CITY CLERK: June 24, 1977 PASSED BY THE CITY COUNCIL: June 28, 1977 PUBLISHED: July 6, 1977 -13-