HomeMy WebLinkAboutORD 3174 .
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• CITY OF RENTON, WASHINGTON 43��-{
� ORDINANCE NO. 3174 3 � �3
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AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ��� '
ESTABLISHING AND CREATING A SURFACE WATER RUNOFF ORDINANCE �y�g �
TO BE HEREINAFTER KNOWN AND DESIGNATED AS THE "RENTON
STpRM AND SURFACE WATER DRAINAGE ORDINANCE" AS CHAPTER
29 , TITLE IV (BUILDING REGULATIONS) OF ORDINANCE N0 .
1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON" REGULATING THE DESIGN, STANDARDS , PROCEDURES
AND THE SUBMISSION OF DRAINAGE PLANS IN CONJUNCTION
WITH LAND DEVELOPMENT PROPOSALS AND IMPOSING CERTAIN
FEES THEREFOR:.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS: .
SECTION I : Title This ordinance shall be hereinaf-ter
, known as the "Renton Storm and Surface Water Drainage Ordinance" , I
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may be cited as such, and will hereinafter shall be referred to �
as "this Ordi:nance" and same shall be and constitute Chapter 29
Title IV (Building Regulations ) of Ordinance No. 1628 entitled
� "Code of General Ordinances of the City of Renton"
SECTION II : Purpose It is the purpose of this Ordinance
to promote and develop policies with respect to, and to preserve
the City' s water courses and to minimize water quality degradation
by previous siltation, sedimentation, and pollution of creeks ,
streams , rivers , lakes and other bodies of water to protect property
owners tributary to developed and undeveloped land from increased
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runoff rates and to insure the safety of roads and rights-of-way.
SECTION III: Definitions. Unless_ the context specifically
indicates otherwise , the meaning of terms used in this section shall
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be as follows : ' -
, (A)_ "Department" shall mean� the Public Works Department
of the City of Renton. � �
; � (�) "Director" shall mean the Director of the Department
of PUblic Works .
(C) "Storm Sewer" and "Storm Drain" shall mean a sewer
which carr�s storm surface water; subsurface water and drainage.
(D) "Drainage Area" shall mean the total area whose drainage
water flows to and across the subject property.
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(E) Drainage Plan shall mean the plan for receiving
handling, transporting surface water within 'the subject property.
(_F) "Peak Discharge" shall mean the maximum surface water
runoff rate (cfs) at point of discharge, determined from the design
storm frequency.,
(G) "Detention/Retention Facilities" shall mean facilities
- designed either to hold runoff for a short period of time and then
releasing it to the point of discharge at a controlled rate or to
hold water for a considerable length of time and then consuming it
. by evapora�ion, plants , or infiltration into the ground.
CH? "Subject Property" shall mean the tract of land which
is, the subject of the permit and/or ap�roval action.
, (I) "Development Coverage" shall mean all developed surface
areas within the subject property including and not limited to rooftops ,
concrete or asphalt paved driveways , carports , accessory buildings
and parking areas . �
. (J) "Computa-t�n" shall mean calculations , including
coefficient and other pertinent data, made to determine the drainage
plan with rate of flow of water given in cubic feet per second (cfs) .
(K) "Receiving Bodies of. Water" shall mean creeks , streams ,
rivers , lakes , storm sewers and other bodies of water into which surface
waters are directed, either naturally or in man-made ditches or
• open and closed system. ,
SECTION IV : Administering and enforcing authority. The
Director of Public Works is designated �as the administrator and is�
responsible for the general administration- and `coordina;tion of this
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Ordinance . All provisions of this Ordinance shall be enforced by
the Director and/or his designated representatives , For such ,
purposes , the Director, or his duly authorized representative shall
have the power of a, police officer. .
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SECTION V : Submiss`ion of Drainage Plans Required.
(.A) All persons applying for any of the following permits
and/or approvals shall submit for approval, unless expressly exempted
under Section VT hereinbelow, a drainage plan with their application
and/or request:
(1) Mining, excavation and grading permit
(2) Shoreline Management Substantial Development permit
(.3) Flood Control Zone Permit ,
(4) Major Plat
C5) Short plat approval, except where each lot contains
. 35 , 000 sq. ft. or more
': �' (6) Special Permits
( 7) Temporary Permits
( 8) Building permits . Where the permit relates to
a single family, residential structure of less
than 5 , 000 sq. ft, the Director may waive the
plan requirement except where the subject property
is in a critical area, as determined under Section VII .
C9) Planned Unit Development
C10) Site P1an Approvals
° (11) �`Any other development .or permit application which
will affect the drainage in any way.
CB) The plan submitted during one permit/approval process
may be subsequently� submitted with further required applications .
The plan shall be supplemented with additional information at the
request o� the department of Public Works.
SECTION VI: . Plans not Required. The plan requirement est-
ablished . in Section V shall not apply when the department determines
that the proposed permit and/or activity:
(1) Will not s�riously and adversely impact the water
quality conditions of any affected receiving bodies of water and/or
( 2) Will not substantially alter the drainage patterp,
- increase the peak discharge, and cause any other adverse effects in
the drainage area. ,
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Additionally, the plan requirement established iri Section
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V shall not app�y to single family residences when such structures
are less than 5 , 000 sq. ft. unless the subject property is in a
critical area as determined under Section VII.
SECTION VII . Development in Critical Flood, Drainage, and/or
Erosion Areas . Development which would increase the peak flow and/or
the volume of discharge from the existing flooding, drainage , and/or
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erosion conditions present an imminent likelihood of harm to the
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, welfare and safety of the sur.rounding community, until such a time
as the community hazard is alleviated. Where applications of the ,
provisions of this section will deny all reasonable uses of the .
property, the restriction on development contained .in this section
may be waived for the subject pr.operty,� provided that ,the resulting
development shall be subject to all of the remaining terms and condi-
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tions of this ordinance. �
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SECTION VIII . Drainage Plan -Requirements . All ,persons
applying for any of the permits and/or approvals contained in Section�
V of this Ordinance shall provide a drainage plan, for surface water
flows entering , f lowing within, and leaving the subject property.
The detailed form and contents of the drainage plan shall be described
in procedures provided by the Department. The procedures will set
forth the manner of presenting the following required information:
CA) Background coputations for sizing drainage facilities :
(1) Legal description of the drainage area with a
contoured topographical map (minimum 5 ft
inte�vals) , with acreage indicated and existing
storm drainage facilities in the immediate
vicinity of the improvement:
( 2) Calculations of the peak rate of discharge and
� amount of surface water currently entering
and leaving the subject property in cubic feet
per second.
(3) Indication of the peak discharge and amount of
runoff which will be generated within subject
property if development is allowed to proceed.
, C4) Calculations and determination"of the peak
discharge and amount of runoff which will be
generated by a 10 year storm within a drainage
area less than 50 acres or producing a runoff of
less than 20 cfs . For drainage areas greater
than 50 acres or producing ,a runoff greater
I -than 20 cfs , a 25 year deslgn frequency will be used.
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(_B) Proposed improvemen�t�s� for handling the-computed runoff.
SECTION IX Design Cr'iteria for all Drairiage� Pl"ans :
(A) Surface water entering the subject property shail be
received at the naturally occurring location and surface water
exiting the subject property shall be discharged at the natural
location with adequate energy dissipators to minimize � downstream
damage and with no diversion 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/detent.ion f acilities must be provided in
order to handle �all surface water in excessof the peak discharge ,
except for properfies that are located contiguous to receiving bodies
of water which would adequately handle the surface water in excess
of the peak discharge.
(D) Oil separator must be provided when the surface water
of a developed area flows over impervious surfaces and directed
into any receiving bodies of water. (See Page 36 , Guidelines for
Storm Drainage Control, King County, Minimum Standard Oil Separator. )
(.E) Where open ditch construction is used to handle drainage
within the subject property, a minimum of 15 feet shall be provided
between any structures excepting signs or fences and the top of the
bank of the def ined channel.
(.l) In open channel work the water surface elevation
' will 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 .
' ( 2 ) Proposed cross-section of channel will be shown
with stable side slopes . Side slopes will be
3 horizontal to 1 vertical maximum unless paved
or stablized in some other manner approved by
the Department. ,
(3 ) The water sur.face elevation of the design flow will
be indicated on the cross section.
(_F) Where a closed system is us.ed to handle drair�age
within the subject property, all structures , excepting signs or
fences , shall be a minimum of 10 feet from the closed system.
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SECTION X: Review and Approval of the P3.an . All storm
drainage plans .prepared in connection with any of thepermits and/or
approvals listed in Section V shall be submitted for review and
approval to the Department of Public Works . If no action is taken
by the City after submission of final drainage plans within 45 days ,
then such plan is deemed a�proved.
SECTION XI : Fees � Permits . A minimum fee of $50 . 00 shall
be paid to the City to cover the cost of this review and approval.
In the case of commercial, industrial or critical areas as defined
in Secti�n VII, a minimum fee of $50 . 00 plus $1. 00 for �every 10 , 000
sq, ft . of gross areas shall be charged.
The permit application shall be supplemented by any plans ,
specifications or other information considered pertinent in the judgment
of the Director of his duly authorized representative.
Stor�n drainage connection permit fees shall be as follows :
a. Residential , $20 . 00
b . Commercial $50 . 00
e. Industrial $100 . 00
d. Repair permit $10 . 00
All such fees shall be paid to -the; Director •o� Finance or �the: duly
designated representative at the �time the . application for such a .
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permit is filed. _ ,
Whenever development fees hav,'e included fees for drainage
plan review, the above fee structure would not apply.
SECTION XII: Bonds and Liabilit� Insurance Required.
The Department of Pukl,ic Works shall require all. persons constructing
retnetion/detention facilities to post with the Director- of the
department surety and �cash bonds or certified check in the amount
of one and one-half times the estimated cost of construction. Where
such persons have previously posted , or are required to post,
other such bonds with the Director, either on the facility itself ;
or on other cqnstruction related to the facility, such person may,
with the permission of the Director and to the extent allowable by law,
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combine all such bonds into a single bond , provided that at no
time shall the amount thus bonded be less than the total amount
which would have been required in the form of separate bonds , and
provided further that such a bond shall on its face clearly _deli-
neate those separate bonds which it is intended to replace .
(A) CONSTRUCTION BOND . Prior to commencing construction3 the
person constructing the facility• shall post a construction bond in
an amount sufficient to cover the cost of conforming said construction
with the approved drainage plans . In lieu of a bond, the applicant
may elect to establish a cash escrow account with his bank in an
amount deemed by the Director of Public Works to be sufficient to
reimburse. the City if it should become necessary for the City to
. enter the property for the purpose of correcting and/or eliminating
hazardous conditions relating to soil stabii;ty and/or erosion.
The instructions to the escrowee shall specifically provide that
after prior written notice unto the owner and his fa�lure to correct
and/or eliminate existing or potential hazardous conditions and
his failure to timely remedy same, the escrowee shall be authorized
� without any further notice to the owner or his consent to disburse
the necessary funds unto the City of Renton for the purpose of
correcting and/or eliminating such conditions complained of. After
determination by the department tliat all facilities are constructed
in compliance with the approved plans , the construction bond shall
be released.
(B) MAINTENANCE BOND. After satisfactory completion of the
facilities and release of the construction bond by the City, the
person o�structing the facility shall commence a 3 year period of
satisfactory maintenance of the facility. A cash bond, surety bond, � f*
' bonafide contract for maintenance with a third party for the duration
of this 3 year period , to be approved by the Director and to be
used at the discretion of the Director to correct deficiencies
in said maintenance affecting public health, safety and welfare
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must be �o�t�:d�.and maintained thraughout the 3 year maintenance
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periad. The amount o� �he ca�h bond or sure�y band shall be in
the amount of one and one-hal� times -the estimated cast of maintenance
for a 3 year period,
(C) LTABILITY POLTGY. The person constructing �he �acility shall
maintain a liability policy during such private awnership with policy
limits of not Iess �han one hundred thousand dallars per individual ,
, three hundred thausand dollars per occurrence and fifty thausand dollarS
proper�y damage, which shall name the Ci-�y of Renton as an' additional
� in�ured without cos� to the City and which shall protect the Ci�y
of Renton from any liability, cost or expenses for any accident,
negligence , failure a� the facilifiy, omissian or any other Ziability
� whatsoever, rela-ting �o the construetian or main�enance �of the
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j facility� Said liabili�y policy shall be main�ained for the
I duration of the facility by the owner of the facility, provided
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� that in -the case of faeilities assumed by the City of Renton far
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mainfienance pursuant to Section XII of this 4rdinance, said liability
� ' policy shall be termina�ed when said City maintenance responsibility
i commences . '
SECTTpN XIII . �'ity As�umption of Maintenance The City
af Ren�on is a.utharized t4 assume the maintenance o� retentionJdetention
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�acil.i�ies after the expiration of the three year maintenance period
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, {.A} All of �he requirements af Sectian IX have been fully
� complied with;
I CB) The facili.tie� have been inspected and approved by
the department after their firs-t year ot opera�ion; �
(.C} The surety bond required .in. Section XII herein, � has
been extended for one year, covering the City' � �irst year of
maintenance; ' � '
! (D) A11 necessary easemen�ts entitling �he City ,to
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properly maintain the facility have been conveyed to the City;
(E) It is recommended by the Public Works Director and .
concurred in by the City Council that said assumption of maintenance
would be in the best interests of the City.
The owner of said property shall throughout the mainten�.nce
period notify. the �City in writing if any defects or improper workings
of the drainage system has come to his notice. Failure to so notify
the C�.ty shall give the City cause to reject assumption of the
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maintenance of the facility at the expiration of the 3 �year maintenance
period, or within one year of the discovery of the defect or�, ,
improper working, whichever period is the latest in time.
SECTION.`XIV Retroactivity Relating to City Maintenance of
Subdivision Facilities . If any person constructing retention/detention
facilities and/or receiving approval of drainage plans prior to the
effective date of this Ordinance re-assesses the facilities and/or
plans so cqnstructed and/or approved and demonstrates , to the
Director' s satisfaction, to-tal compliance with the requirements of
this Ordinance the City may, after inspection, approval, and
acknowledgement of the proper posting of the required bonds as
specified in Section XII assume mainten��.ce of the facilities .
SECTION X�j : Procedures and Guidelines . All ,storm drainage
design and calculations shall conform to "Requirements and Guidelines
for Storm Drainage Control in King County"� as prepared by King .
County Division of Hydraulics , February 1977 , except as may be
amended by the City, Said �equirements attached hereto as an .
Exhibit and incorpor.ated herein as if fully set forth.
SECTIpN XVz: Exceptions. ' .
(A) Exception Requirements ; •
The Director or his representative may recommend to the
Hearing E.xaminer an exce�tion from the requirerrients of this Qrdinance
when, in his opinion, undue hardship ma,y be created as a result
of strict compliance with the �roviszons of this Ordinance� The
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Examiner shall comply with the appropriate public notification,
rules and time requirements of Section 4 . 30 . The Hearing
Examiner may prescribe conditions that he deems necessary to be
desirable for the public interest. No exception shall be granted
unless the Examiner finds :
(1) That there are special physical circumstances or
conditions affecting said property such that the strict epplica-tion
of the prov3sions of this Ordinance would deprive the applicant
of the reasonable use or development of his land;
(2 ) That the exception is necessary to insure such
property the rights and privileges enjoyed by other properties in
the vicinity and under similar circumstances ; and
( 3 ) That the granting of the exception will not be
detrimental to the public welfare or injurious to other property
in the vicinity.
CB) Criteria Before the Examiner grants an exception,
he shall make a determination that shall include , but is not limited
to , the following criteria:
(.l) Capacity of downstream facilities ;
( 2) Acceptability of receiving bodies of water;
C3) Possibility of adverse effects of retention;
(.4) Utility of regional retention facilities ; and
(5 ) Capability of maintaining.
(C) Applications Required. Application for any exception
shall be submitted in writing by the applicant with the application
that is submitted to the Department. The application shall state
fully all substantiating facts and evidence pertinent to the request.
CD� Appeals to Court. The action of the Examiner shall
be final and conclusive unle.ss' within twenty (.20) days from the
date of such action an aggrieved ,party or person obtains a writ of
certiorari from the �uperio� Court in and for King County, State of
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Washin ton for the f ' `
g � purpose 'of review of the action taken. �
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' SECTION XVII Violations and Penalties . An erson, firm
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or corporation, whether as principal, agent, employee, or otherwise,
violating or causing the violation of any of the provisions of this
Ordinance upon conviction shall be guilty of a misdemeanor or gross
mis.demeanor, and shall be punishable by a fine of not more than five
hundred dollars ($500 . 00) or by imprisonment for a term not to
exceed six (.6) months , or by such fine and imprisonment. Such person,
firm or corporation shall be deemed guilty of a separate offense
for each and every day during any portion of which any violation
of this Ordinance. is committed or continued by such person, firm
or corporation and shall be punishable as herein provided .
SECTION XVIII : Severability. If any provision of this
Ordinance or its application to any person or property is held invalid
by a court of competent jurisdiction the remainder of the Ordinance
or the application of the provision to other �persons or circumstances
shall not be affected.
SECTIpN XIX: E�f�eetive Date. ThisrClydinance shall be
effective upon its passage , approval and ,fi:ve .days after its .
f��l�lication.
PASSED BY THE CITY COUNCIL this 21st day of November , 1977 .
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elores A. Mead, Cit'y Clerk
APPROVED BY THE MAYOR this 21st day of November � 1977 •
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Charle�'J, Delaurenti , Mayor
Approv d_ as to form: �
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Lawrence� J. Wa�en, City Attorney .
Date of Publication:
November 25, 1977
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