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HomeMy WebLinkAboutORD 3174 . • {, � , • : �� . , , , � ., ` , , , ' . �' � . - ,� . � • , . � • - . � � � . D� � � � • CITY OF RENTON, WASHINGTON 43��-{ � ORDINANCE NO. 3174 3 � �3 �3``�i i �3(�? 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 . i 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 ;� 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 , ' . •,., 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. -1- ' . + J . � . M . . . • ' � A . •. • �' . � , � ♦ � E , �� �} (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 i � 4• , � 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. . -2- . , , , • �, ': • < . ' • . . :- � � • , 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. , ' " ; , � Additionally, the plan requirement established iri Section . • -3- � . ' � � � ., � . . , ' � . ' � . , , 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 I erosion conditions present an imminent likelihood of harm to the � , 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- � � * � , . tions of this ordinance. � . ,. , _ 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. � � ' -4- . • � . . , , ' , , " � . . • • � . . y { � (_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. -5-• � � � , . . . �, ' .. ' " , , , . . ' , : '•_ • , � .. - , 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 . ' � • ' � : . ' • � . 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, .,_i1. � ' =G- .�� • ' � � J � r . � ' . �, , . . , � . 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 � " �-7-� , ' ��� , - - • � i � ,.. - ,. , � . , � , - � , . -, , � • . � � � must be �o�t�:d�.and maintained thraughout the 3 year maintenance t 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 I . j facility� Said liabili�y policy shall be main�ained for the I duration of the facility by the owner of the facility, provided � � that in -the case of faeilities assumed by the City of Renton far � 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 � � �acil.i�ies after the expiration of the three year maintenance period I , in connection�,with the subdivision of land i�; } � , {.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 � � � . ;�-8--� , , �'`-�`� , ` — i . � ' r .' . ' � ' ' ' , . , . • . : „ . ` , � - , . � � 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 ' t . - 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 `�.=9�� . . , , . . . . • � . - . , . :' , ' • - • � ,, . , 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 e . Washin ton for the f ' ` g � purpose 'of review of the action taken. � ' -10-` � , � ' , , , . + - «�• . . � . .,� . � , �. • � . � ' ' � . � L , � � ' I i � ' � . ' SECTION XVII Violations and Penalties . An erson, firm Y P 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 . �• . elores A. Mead, Cit'y Clerk APPROVED BY THE MAYOR this 21st day of November � 1977 • .�'� ���L'�.��� � ���=�', �> ,., �.��- Charle�'J, Delaurenti , Mayor Approv d_ as to form: � �. r��\ �-w� Lawrence� J. Wa�en, City Attorney . Date of Publication: November 25, 1977 • �-11-