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Chapter 21
SURFACE AND STORMWATER MANAGEMENTArticles:
I. General
II. Stormwater Management
III. Operations and Maintenance
IV. Water Quality
V. Flood Damage Prevention
Article I.
GENERALSections:
21-1 Definitions.
21-2 Construction and intent.
21-3 Interpretation.
21-4 Administration.
21-1 Definitions.
When used in this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section:
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner, and to such an extent as the director determines is necessary in the interest of the general health, safety, and welfare of the community.
Adjustment means a department approved variation in the application of the requirements of this chapter and the King County Surface Water Design Manual and Federal Way Addendum to a particular project.
AKART is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution.
Applicant means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit, or approval.
Approval means the proposed work or completed work conforms to this chapter in the opinion of the public works director.
Aquifer means a geologic stratum containing groundwater that can be withdrawn and used for human purposes.
Background conditions means the biological, chemical, and physical conditions of a water body outside the area of influence of the discharge under consideration. Background sampling locations in an enforcement action would be up gradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforcement action is being taken for possible violations to the standards, background sampling would be undertaken immediately up gradient from each discharge. When assessing background conditions in the headwaters of a disturbed watershed, it may be necessary to use the background conditions of a neighboring or similar watershed as the reference conditions.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year; also referred to as the “100-year flood.” The base flood is determined for future flow conditions.
Basin means any area draining to a point of interest.
Basin plan means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing surface and stormwater management facilities and features within individual sub-basins.
Berm means a constructed barrier of compacted earth.
Best management practices (BMP) means those practices which provide the best available and reasonable physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant loads and/or concentrations leaving the site.
Blanket adjustment means an adjustment established by the city that can be applied routinely or globally to all projects where appropriate. Blanket adjustments are usually based on a previously approved adjustment and can be used to effect minor changes or corrections to the design requirements of the King County Surface Water Design Manual, and Federal Way Addendum or to add new designs and methodologies to that manual.
BMP Manual means the King County “Stormwater Pollution Control Manual” (and supporting documents as appropriate) describing best management practices, design, maintenance, procedures, and guidance.
Change of use shall be determined to have occurred when it is found that the general character of the operation has been modified.
Channel means a long, narrow excavation or surface feature that conveys surface water and is open to the air.
Chapter means Chapter 21 FWCC any administrative rules and regulations adopted to implement it.
Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical methods.
Closed depression means an area which is low lying and either has no surface water outlet or has such a limited outlet, that during storm events the area acts as a retention basin, with more than 5,000 square feet of water surface area at overflow elevation.
Commercial agriculture means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.
Construct or modify means to install a new drainage pipe/ditch or make improvements to an existing drainage pipe/ditch (for purposes other than routine maintenance, repair, or emergency modifications, and excluding driveway culverts installed as part of single-family residential building permits) that either serve to concentrate previously unconcentrated surface and stormwater runoff to serve to increase, decrease, and/or redirect the conveyance of surface and stormwater runoff.
Conveyance means a mechanism for transporting water from one point to another, including pipes, ditches, and channels.
Conveyance system means the drainage facilities and features, both natural and constructed, which collect, contain, and provide for the flow of surface and stormwater from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes, and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels, and most flow control and water quality treatment facilities.
Detention means the release of surface and stormwater runoff from the site at a slower rate than it is collected by the drainage facility system, the difference being held in temporary storage.
Detention facility means a facility that collects water from developed areas and releases it at a slower rate than it enters the collection system. The excess of inflow over outflow is temporarily stored in a pond or a vault and is typically released over a few hours or a few days.
Development means any activity that requires a permit or approval, including but not limited to a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit.
Director means the director of the city of Federal Way public works department.
Discharge n., means runoff, excluding offsite flows, leaving the proposed development through overland flow, built conveyance systems, or infiltration facilities.
Discharge v., means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted, or poured into water.
Ditch means a constructed channel with its top width less than 10 feet at design flow.
Drainage means the collection, conveyance, containment, and/or discharge of surface and stormwater runoff.
Drainage area means an area draining to a point of interest.
Drainage basin means an area draining to a point of interest.
Drainage facility means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include but not be limited to all constructed or engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control or water quality treatment facilities, erosion and sedimentation control facilities, and other drainage structures and appurtenances that provide for drainage.
Drainage review means an evaluation by Federal Way staff of a proposed project’s compliance with the drainage requirements in this chapter and the King County Surface Water Design Manual and Federal Way Addendum.
Easement means the legal right to use a parcel of land for a particular purpose. It does not include fee ownership, but it may restrict the owner’s use of the land.
Emergency means a situation which, in the opinion of the director, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons, property or the environment.
Engineering review means an evaluation by the Federal Way Public Works Department of a proposed project’s compliance with the drainage requirements in the King County Surface Water Design Manual, Federal Way Addendum, and with other Federal Way requirements.
Environmentally sensitive areas means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas.
Erosion means detachment and transport of soil or rock fragments by water, wind, ice, etc.
Erosion and sediment control means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site.
Experimental BMP means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.
Experimental design adjustment means an adjustment used for proposing new designs or methods which are different from those in the King County Surface Water Design Manual, and Federal Way Addendum which are not uniquely site specific, and for which data sufficient to establish functional equivalence do not exist.
Farm management plan means a comprehensive site-specific plan developed by the farm owner in cooperation with the city taking into consideration the land owner’s objectives while protecting water quality and related natural resources.
Federal Way Addendum to KCSWDM means the companion document to the KCSWDM that adapts the KCSWDM for development applications in the city of Federal Way. This document can be obtained from the Federal Way public works department.
FEMA means Federal Emergency Management Agency.
Fertilizer means any material or mixture used to supply one or more of the essential plant nutrient elements.
Financial guarantee means a form of financial security posted to ensure timely and proper completion of improvements in compliance with the project’s engineering plan, to ensure compliance with the Federal Way City Code, and/or to warranty materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposit, surety bonds, and/or other forms of financial security acceptable to or required by the director of public works. The terms “performance guarantee,” “drainage facilities restoration and site stabilization guarantee,” and “defect and maintenance guarantee” are considered subcategories of financial guarantee. The term “financial guarantee” replaces the term “bond” which had been used in prior editions of the King County Surface Water Design Manual.
Flood fringe means that portion of the floodplain outside of the floodway that is covered by floodwaters during the base flood; it is generally associated with standing water rather than rapidly flowing water.
Floodplain means the total area subject to inundation by the base flood including the flood fringe and floodway.
Floodway means the channel of the river or stream and those portions of the adjoining floodplains which are reasonably required to carry and discharge the base flood flow. The portions of the adjoining floodplains which are considered to be “reasonably required” are defined by the city flood hazard regulations.
Flow control facility means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff generated by site development pursuant to the drainage requirements in Federal Way regulations. Flow control facilities are designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff a short period of time and then release it to the conveyance system.
Forest practice(s) means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined in Chapter 222-16 WAC.
Full drainage review means the basic evaluation required by this chapter of a proposed project’s compliance with the full range of core and special requirements in the King County Surface Water Design Manual and Federal Way Addendum. This review addresses the impacts associated with adding new impervious surface and changing land cover on typical sites. Full drainage review is required for any proposed project that would not be eligible or subject to one of the drainage reviews which targets certain types of projects.
Grade n., means the slope of a road, channel, or natural ground. The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit.
Grade v., means to finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation.
Groundwater means water in a saturated zone or stratum beneath the surface of land or below a surface water body.
Harmful materials means substances that may create a public nuisance or constitute a hazard to humans, animals, fish or fowl, or any solid dangerous or extremely hazardous waste, as defined by Chapter 173-304 WAC (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303 WAC (Dangerous Waste Regulations). “Harmful materials” also include substances that, when released into the environment, may cause noncompliance with Chapter 246-290 WAC (Public Water Supplies), Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington), Chapter 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington), Chapter 173-204 WAC (Sediment Management Standards), or Chapter 173-340 WAC (The Model Toxics Control Act Cleanup Regulation).
High-use site means any one of the following:
(1) A commercial or industrial site subject to an expected average daily traffic (ADT) count equal to or greater than 100 vehicles per 1,000 square feet of gross building area; or
(2) A commercial or industrial site subject to petroleum storage and transfer in excess of 1,500 gallons per year, not including routinely delivered heating oil; or
(3) A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 or more diesel vehicles that are over 10 tons net weight (trucks, buses, trains, heavy equipment, etc.); or
(4) A road intersection with a measured ADT count of 25,000 vehicles or more on the main roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing primarily pedestrian or bicycle use improvements.
Illicit discharge means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems.
Impervious surface means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development; and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of surface and stormwater runoff. Open, uncovered flow control or water quality treatments facilities shall not be considered impervious surfaces (see also “new impervious surface”).
Improvement means those structures commonly provided when land is converted from its natural to a developed state. Examples include roads (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, street trees, and other appropriate items.
King County Stormwater Pollution Control Manual (KCSPCM) also described as the “BMP manual,” means the document prepared by King County and adopted by Federal Way, that describes best management practices, design, maintenance, procedures, and guidance.
King County Surface Water Design Manual means the manual (and supporting documents as appropriate) describing surface and stormwater design and analysis requirements, procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface Water Design Manual will be available from the King County department of development and environmental services or the department of natural resources.
Lake means an area permanently inundated by water in excess of two meters (seven feet) deep and greater than 20 acres in size as measured at the ordinary high water mark.
Landslide means episodic downslope movement of a mass of soil or rock; includes but is not limited to rockfalls, slumps, mudflows, and earthflows.
Leachable materials, wastes, or chemicals means those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff; examples include erodible soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster leakage, etc.
Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of environmental concern because they do not degrade over time. Although many are necessary nutrients, they are sometimes magnified in the food chain, and they can be toxic to life in high enough concentrations.
Mitigation means the reduction of a potential impact by the use of any or all of the following actions that are listed in descending order of preference:
(1) Avoiding the impact altogether by not taking a certain action or part of an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(3) Rectifying the impact by repairing, rehabilitating or restoring the sensitive area;
(4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development proposal;
(5) Compensation for the impact by replacing, enhancing, or providing substitute sensitive areas;
(6) Monitoring the impact and taking appropriate corrective measures.
Monitoring means the collection and analysis of data by various methods for the purposes of understanding natural systems and features, evaluating the impacts of development proposals on the biological, hydrologic, and geologic elements of such systems, and assessing the performance of mitigation measures imposed as conditions of development.
National Pollutant Discharge Elimination System or NPDES means the national program for controlling pollutant discharges into waters of the United States under the Clean Water Act.
National Pollutant Discharge Elimination System permit, or NPDES permit, means an authorization, license, or an equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.
Natural location means the location of those channels, swales, and other non-manmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.
New impervious surface means the addition of a hard or compacted surface such as pavement, gravel, dirt, or roofs, or the addition of a more compacted surface such as the paving of pre-existing dirt or gravel.
Nutrient means one of the essential chemicals needed by plants or animals for growth. Excessive amounts of nutrients can lead to degradation of water quality and excessive algae growth. Some nutrients can be toxic at high concentrations.
Offsite flows means runoff conveyed to a proposed project from adjacent properties.
Omission means a failure to act.
Onsite means the site that includes the proposed development (see “site”).
Ordinary high water mark means the mark that will be found by examining the bed and banks of a stream and ascertaining where the presence and action of waters are so common and usual, and so long maintained in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.
Overtopping means to flow over the limits of a containment or conveyance elements.
Person means any individual (including their agents or assigns), partnership, corporation, association, business, organization, cooperative, public or municipal corporation, or government agency, however designated.
Pesticide means any substance (usually chemical) used to destroy or control organisms; include herbicides, insecticides, algicides, fungicides, and others. Many of these substances are manufactured and are not naturally found in the environment. Others, such as pyrethrum, are natural toxins which are extracted from plants and animals.
Plat means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets, or other divisions and dedications.
Pollution means contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Pollution-generating impervious surface means an impervious surface considered to be a significant source of pollutants in surface and stormwater runoff. Such surfaces include those subject to vehicular use or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall. Thus, a covered parking area would be included if runoff from uphill could regularly run through it or if rainfall could regularly blow in and wet the pavement surface. Metal roofs are also considered pollution-generating impervious surface unless they are treated to prevent leaching.
Pollution-generating pervious surface means a non-impervious surface with vegetative groundcover subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and landscaped areas of residential or commercial sites, golf courses, parks, and sports fields.
Preapplication means the meeting(s) and/or form(s) used by applicants for some development permits to present initial project intentions to the city of Federal Way. Preapplication does not mean application.
Preapplication adjustment means an adjustment that can be requested prior to permit application. It is useful for when an adjustment decision is needed to determine if a project is feasible, or when the approval conditions must be known to determine if a project is viable before funding a full application. The approval of preapplication adjustments is tied by condition to the project proposal presented at a preapplication meeting with the city.
Project means any proposed action to alter or develop a site which may also require drainage review.
Project site means that portion of a property or properties subject to proposed project improvements including those required by this chapter.
Receiving waters means bodies of water or surface water systems receiving water from upstream manmade or natural systems.
Redevelopment means, on an already developed site, the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city’s surface water systems; or land disturbing activities associated with impervious redevelopment.
Regional retention/detention system means a stormwater quantity control structure designed to prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment.
Regulated lakes means the following wetlands as shown in the King County Wetlands Inventory Notebooks, Volume 3 South:
(1) Lower Puget Sound 6, 7, 12, 15, 16 and 17;
(2) Hylebos 2, 11, 13, and 16.
Retention means the process of collecting and holding surface and stormwater runoff with no surface outflow.
Retention/detention facility (R/D) means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater conveyance system.
Run-on or blow-in of rainfall means stormwater from uphill that could regularly run through an area, or rainfall that could regularly be blown in and wet the pavement surface.
Scour means erosion of channel banks due to excessive velocity of the flow of surface and stormwater runoff.
Sediment means fragmented material which originates from weathering and erosion of rocks or unconsolidated deposits, and which is transported by, suspended in, or deposited by water.
Sedimentation means the depositing or formation of sediment.
Shoreline substantial development shall be as defined in Chapter 18 FWCC.
Short subdivision (also known as a “short plat”) shall be as defined in Chapter 20 FWCC.
Single-family residential means a project that constructs or modifies a single-family dwelling unit and/or makes related onsite improvements, such as driveways, roads, outbuildings, play courts, etc., or a project that creates single-family residential lots such as a plat or short plat.
Site means the legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from Federal Way to carry out a development activity, including any drainage improvements required by this chapter. This term is equivalent to the term “subject property” in Chapter 22 FWCC, Zoning.
Site improvement plan consists of all the plans, profiles, details, notes and specifications necessary to construct road, drainage structure and off-street parking improvements. A “modified site improvement plan” means a limited or simplified “site improvement plan” used for some projects in targeted review and/or where major improvements are not proposed.
Small site drainage review means a simplified alternative to full drainage review for small residential building and subdivision projects that add between two and 10,000 square feet of new impervious surface. The core and special requirements applied under full drainage review are replaced with simplified small site requirements which can be applied by a non-engineer.
Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
Source control BMP means a BMP intended to prevent contaminants from entering surface and stormwater and/or groundwater including the modification of processes to eliminate the production or use of contaminants. An example would be using less toxic alternatives to current products or sweeping parking lots instead of washing them. Source control BMPs can be either structural or nonstructural. Structural source control BMPs involve the construction of a physical structure onsite, or other type of physical modification to a site; for example, using a covered area or berm to prevent clean stormwater from entering a work area.
State waste discharge permit means an authorization, license, or an equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.
Stormwater means water originating from rainfall and other precipitation that ultimately flows into drainage facilities, rivers, streams, ponds, lakes, and wetlands, or flows from springs and seeps, as well as shallow groundwater.
Stormwater drainage system means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. “Stormwater drainage system” includes both public and privately owned features.
Stormwater facility means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement. Stormwater facilities are described in the stormwater management manual.
Stormwater System Operation and Maintenance Manual means the manual adopted by reference and prepared by the city of Federal Way.
Stream means an area where surface waters produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction. Those topographic features that resemble streams but have no defined channels (e.g., swales) shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development.
Subdivision (also known as “plat”) shall be as defined in Chapter 20 FWCC.
Subject to vehicular use as used in the definition of pollution-generating impervious surface, means a surface that is regularly used by motor vehicles, whether paved or not. The following are considered regularly used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, diesel equipment storage yards, and airport runways. The following are not considered regularly used surfaces: road shoulders primarily used for emergency parking, paved bicycle pathways, bicycle lanes adjacent to unpaved or paved road shoulders primarily used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads.
Surface and stormwater means water originating from rainfall and other precipitation that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands as well as shallow groundwater.
Targeted drainage review means an evaluation required by this chapter for certain types of proposed projects where drainage review is abbreviated to address only those requirements that would apply to those projects. Projects subject to this type of drainage review are typically small-site proposals or other small projects that have site-specific or project-specific drainage concerns that must be addressed by a licensed civil engineer or public works review staff.
Toxic means poisonous, carcinogenic, or otherwise directly harmful to life.
Treatment BMP means a BMP intended to remove contaminants once they are already contained in stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wet-settling basins.
Utility means the Federal Way surface water management utility.
Vegetation means all organic plant life growing on the surface of the earth.
Watershed means the geographic region from which water drains toward a central collector such as a stream, river, lake, or salt water.
Wetland edge means the line delineating the outer edge of a wetland established by using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 10, 1989), jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the U.S. Soil Conservation Service.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (U.S. Army Corps of Engineers Regulation 33 CFR 328.3 (1988)). Wetlands in Federal Way include all area waterward from the wetland edge. Where the vegetation has been removed, a wetland shall be determined by the presence of hydric soils, as well as other documentation of the previous existence of wetland vegetation such as aerial photographs. This definition shall not conflict with Federal Way zoning code (Chapter 22 FWCC). (Ord. No. 99-352, § 3, 11-16-99)
21-2 Construction and intent.
(a) This chapter is enacted as an exercise of the city’s police powers, to protect and preserve the public health, safety, and welfare. Its provisions shall be exempt from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
(b) This chapter is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Further, nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability by the city, its officers, employees or agents for any injury or damage resulting from the failure of the person(s) responsible for the violation to comply with the provisions of this chapter or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the city, its officers, employees or agents.
(c) It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(d) When any provision of any other chapter of the Federal Way City Code conflicts with this chapter, the provision which provides greater environmental protection shall apply, unless specifically provided otherwise in this chapter. (Ord. No. 99-352, § 3, 11-16-99)
21-3 Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. No. 99-352, § 3, 11-16-99)
21-4 Administration.
The director of public works or his or her designee shall administer this chapter, and shall have the authority to develop and adopt administrative procedures to administer and enforce this chapter. (Ord. No. 99-352, § 3, 11-16-99)
Article II.
STORMWATER MANAGEMENTSections:
Division 1. Generally
21-5 Purpose.
Division 2. Regulated and Exempt Activities
21-6 Regulated activities.
21-7 Exemptions.
21-8 Application of article to regulated activities.
Division 3. General Requirements
21-9 Manuals and addendum adopted.
21-10 Stormwater best management practices (BMPs).
21-11 Illicit discharges.
Division 4. Approval Standards
21-12 Core and special requirements.
21-13 Drainage review.
21-13.5 Liability insurance.
Division 5. Administration and Enforcement
21-14 Review and approval authority.
21-15 Enforcement.
21-16 Inspection.
Division 6. Adjustments
21-17 Purpose and timing.
21-18 Types of adjustments.
21-19 Authority.
21-20 Criteria for granting adjustments.
21-21 Experimental design adjustments.
21-22 Adjustment application and review process.
21-23 Appeal procedure.
Division 1. Generally
21-5 Purpose.
(a) The provisions of this chapter are intended to guide all who conduct new development or redevelopment within the city. The provisions of this chapter establish the minimum level of storm and surface water compliance which must be met to permit a property to be developed or redeveloped within the city.
(b) It is the purpose of this chapter to:
(1) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies.
(2) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices.
(3) Maintain and protect groundwater resources.
(4) Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns.
(5) Decrease potential landslide, flood and erosion damage to public and private property.
(6) Promote site planning and construction practices that are consistent with natural topographical, vegetation and hydrological conditions.
(7) Maintain and protect the city stormwater management infrastructure and those downstream.
(8) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety.
(9) Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural qualities of lands, wetlands and water bodies. (Ord. No. 99-352, § 3, 11-16-99)
Division 2. Regulated and Exempt Activities
21-6 Regulated activities.
The following activities are subject to the provisions of this article, unless exempted below:
(1) New development.
a. Single-family residential or small site development works;
b. Projects that add 5,000 square feet or more of new impervious surface;
c. Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or
d. Projects that contain or are adjacent to a floodplain, stream, lake, wetland, closed depression, or other environmentally sensitive area as defined by Chapter 18 FWCC.
(2) Redevelopment, as defined in this chapter (and as also defined in FWCC 22-337), which meets or exceeds one of the following thresholds or criteria:
a. Creation or addition of impervious surfaces having an area of 5,000 square feet or more;
b. Construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more;
c. Repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity;
d. Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet;
e. Projects which contain or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application;
f. Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, “new pollutant(s)” means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use;
g. Redevelopment other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped; or
h. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the director prior to submission of a redevelopment application determined to trigger application of this subsection, where the director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (Ord. No. 99-352, § 3, 11-16-99)
21-7 Exemptions.
The following activities are exempt from the provisions of this chapter:
(1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV General Forest Practices that are conversions from timber land to other uses; and
(2) Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program.
All other new development and redevelopment is subject to the requirements of this chapter. (Ord. No. 99-352, § 3, 11-16-99)
21-8 Application of article to regulated activities.
Prior to the director’s approval that the requirements of this article have been met, the city shall not grant any permission or approval, including but not limited to the following approvals, for projects involving any regulated activity:
(1) Binding site plan (BSP);
(2) Building permit (residential or commercial);
(3) Clearing and grading/land surface modification;
(4) Experimental design adjustment;
(5) Franchise for utility or other right-of-way use;
(6) Preapplication adjustment;
(7) Right-of-way use permit;
(8) Right-of-way improvement modification;
(9) Shoreline substantial development permit;
(10) Short subdivision (short plat) approval;
(11) Single-family residential building permit;
(12) Site plan approval;
(13) Use process I, III, or IV approval;
(14) Special use permit;
(15) Subdivision (plat) approval (preliminary or final);
(16) Zoning reclassification;
(17) Zoning variance.
Regulated activities may be conducted only after the applicant has demonstrated compliance with all the elements of the appropriate level of drainage review as required by this chapter, obtained the director’s approval, and obtained other permits or approvals as may be required by the Federal Way City Code. (Ord. No. 99-352, § 3, 11-16-99)
Division 3. General Requirements
21-9 Manuals and addendum adopted.
The King County Surface Water Design Manual, the Federal Way Addendum to the King County Surface Water Design Manual, and the King County Stormwater Pollution Control Manual, as they exist on the effective date of this article or as hereafter amended, are hereby adopted by this reference. They are referred to in this article respectively as the KCSWDM, Federal Way Addendum, and the KCSPCM. (Ord. No. 99-352, § 3, 11-16-99)
21-10 Stormwater best management practices (BMPs).
(a) General. BMPs, as specified in the KCSPCM, shall be used to control pollution from stormwater, and to comply with the standards in this chapter.
(b) Experimental BMPs. In those instances where appropriate BMPs are not specified in the KCSPCM, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the KCSPCM in an effort to improve stormwater quality technology. Experimental BMPs must be approved by the director of public works prior to construction. (Ord. No. 99-352, § 3, 11-16-99)
21-11 Illicit discharges.
Illicit discharges to stormwater drainage systems are prohibited. (Ord. No. 99-352, § 3, 11-16-99)
Division 4. Approval Standards
21-12 Core and special requirements.
Depending on the type of drainage review required, as described in FWCC 21-13, one or more core or special requirements shall be met. The core and special requirements, described below, are also described in detail in the KCSWDM and Federal Way Addendum adopted by reference in FWCC 21-9.
(1) Core requirements.
a. Core Requirement #1 – Discharge at the Natural Location. All surface and stormwater runoff from a project must be discharged at the natural location so as not to be diverted onto or away from downstream properties. The manner in which runoff is discharged from the project site must not create a significant adverse impact to downhill properties or drainage systems.
b. Core Requirement #2 – Offsite Analysis. All proposed projects must submit an offsite analysis report that assesses potential offsite drainage impacts associated with development of the project site and proposes appropriate mitigations of those impacts. The initial permit submittal shall include, at minimum, a Level 1 downstream analysis as described in the KCSWDM and Federal Way Addendum.
c. Core Requirement #3 – Flow Control. All proposed projects, including redevelopment projects, must provide onsite flow control facilities to mitigate the impacts of increased storm and surface water runoff generated by the addition of new impervious surface and any related land cover conversion. These facilities shall, at a minimum, meet the performance criteria for one of the area-specific flow control standards and be implemented according to the applicable flow control implementation requirements described in the KCSWDM and Federal Way Addendum.
d. Core Requirement #4 – Conveyance System. All engineered conveyance system elements for proposed projects must be analyzed, designed, and constructed to provide a minimum level of protection against overtopping, flooding, erosion, and structural failure as specified in the KCSWDM and Federal Way Addendum.
e. Core Requirement #5 – Erosion and Sediment Control. All proposed projects that will clear, grade, or otherwise disturb the site must provide erosion and sediment controls to prevent, to the maximum extent possible, the transport of sediment from the project site to downstream drainage facilities, water resources, and adjacent properties. To prevent sediment transport, erosion and sediment control (ESC) measures are required and shall perform as described in Chapter 1.2.5.2 of the Federal Way Addendum to the KCSWDM. Both temporary and permanent erosion and sediment controls shall be implemented as described in Chapter 1.2.5.3 of the Federal Way Addendum to the KCSWDM.
f. Core Requirement #6 – Maintenance and Operations. Maintenance and operation of all drainage facilities is the responsibility of the applicant or property owner, except those facilities for which Federal Way is granted an easement, tract, or right-of-way and officially assumes maintenance and operation as described in the KCSWDM and Federal Way Addendum. Drainage facilities must be maintained and operated in compliance with Federal Way maintenance standards.
g. Core Requirement #7 – Financial Guarantees and Liability. All drainage facilities constructed or modified for projects (except downspout infiltration and dispersion systems), and any work performed in the right-of-way, must comply with the financial guarantee requirements in Chapter 22 FWCC.
h. Core Requirement #8 – Water Quality. All proposed projects, including redevelopment projects, must provide water quality (WQ) facilities to treat the runoff from new and/or replaced pollution-generating impervious surfaces and pollution-generating pervious surfaces. These facilities shall be selected from one of the area-specific WQ menus described in Chapter 1.2.8.1 of the Federal Way Addendum to the KCSWDM and implemented according to the applicable WQ implementation requirements in Chapter 1.2.8.2 of the Federal Way Addendum to the KCSWDM.
(2) Special requirements.
a. Special Requirement #1 – Other Adopted Area Specific Requirements. King County has developed several types of area-specific plans and regulations that contain requirements for drainage design. These regulations include critical drainage areas, master drainage plans, basin plans, lake management plans, and shared facility drainage plans. In some cases, these plans and regulations could overlap with the city of Federal Way’s jurisdictional area.
The Hylebos Creek and Lower Puget Sound Basin Plan is the only one of these area-specific regulations that currently affects Federal Way. King County developed this basin plan which recommends specific land uses, regional capital projects, and special drainage requirements for future development within the Hylebos and lower Puget Sound basin.
The drainage requirements of adopted area-specific regulations such as basin plans shall be applied in addition to the drainage requirements of the KCSWDM and Federal Way Addendum unless otherwise specified in the adopted regulation. Where conflicts occur between the two, the drainage requirements of the adopted area-specific regulation shall supersede those in the KCSWDM and Federal Way Addendum.
b. Special Requirement #2 – Floodplain/Floodway Delineation. Floodplains and floodways are subject to inundation during extreme events. The 100-year floodplains are delineated in order to minimize flooding impacts to new development and to prevent aggravation of existing flooding problems by new development. Regulations and restrictions concerning development within a 100-year floodplain are found in Federal Way’s environmentally sensitive areas and flood hazard regulations.
If an approved flood hazard study exists, then it may be used as the basis for delineating the floodplain and floodway boundaries provided the study was prepared in a manner consistent with the KCSWDM and other Federal Way flood hazard regulations. If an approved flood hazard study does not exist, then one shall be prepared based on the requirements described in Chapter 4.4.2 of the KCSWDM, “Floodplain/Floodway Analysis.”
c. Special Requirement #3 – Flood Protection Facilities. Developing sites protected by levees, revetments, or berms requires a high level of confidence in their structural integrity and performance. Proper analysis, design, and construction is necessary to protect against the potentially catastrophic consequences if such facilities should fail.
The applicant is required to demonstrate conformance with FEMA regulations using the methods specified in Chapter 4.4.2 of the KCSWDM and the Federal Way Addendum. In addition, certain easement requirements (outlined in Chapter 4.1 of the KCSWDM and Federal Way Addendum) must be met in order to allow city access for maintenance of the facility.
d. Special Requirement #4 – Source Control. Water quality source controls, many of which are listed in the KCSPCM, prevent rainfall and runoff water from coming into contact with pollutants, thereby reducing the likelihood that pollutants will enter public waterways and violate water quality standards. When applicable, structural source control measures, such as car wash pads or dumpster area roofing, shall be shown on the site improvement plans submitted for engineering review and approval. Other nonstructural source control measures, such as covering storage piles with plastic or isolating areas where pollutants are used or stored, are to be implemented after occupancy and need not be addressed during the plan review process. All commercial and industrial projects (irrespective of size) undergoing drainage review are required to implement applicable source controls.
e. Special Requirement #5 – Oil Control. Projects proposing to develop or redevelop a high-use site must provide oil controls in addition to any other water quality controls required by this manual. Such sites typically generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil. (Ord. No. 99-352, § 3, 11-16-99)
21-13 Drainage review.
(a) When required. Drainage review is required for any proposed project, including new development and redevelopment (except for those proposing only routine maintenance, repair, or emergency modifications) which is or includes a regulated activity under FWCC 21-6, and for which city approval, including but not limited to any approval listed in FWCC 21-8, is required.
(b) Type of drainage review required. One of the following three types of drainage review will be required, depending on the project; provided, however, that a project which qualifies for small site drainage review may also require targeted drainage review if the requirements for targeted drainage review are met:
(1) Small site drainage review. Small site drainage review is required for single-family residential or subdivision projects that add 2,000 to 10,000 square feet of new impervious surface and clear less than two acres or less than 35 percent of the site, whichever is greater.
Compliance shall be demonstrated through the implementation of an approved small site drainage plan and a small site erosion and sediment control plan. Detailed design specifications and submittal requirements are presented in Appendix C of the KCSWDM, titled: “Small Site Drainage Requirements.”
(2) Full drainage review. Full drainage review is required for any proposed project, including redevelopment projects, that adds at least 5,000 square feet of new impervious surface.
If full drainage review is required, then the applicant must demonstrate that the proposed project complies with the following requirements:
a. All core requirements specified in FWCC 21-12.
b. All special requirements specified in FWCC 21-12.
(3) Targeted drainage review. Targeted drainage review is required for any proposed projects, including redevelopment projects, that are not subject to full drainage review, and which fall into one or more of the following categories of projects:
TDR Category #1: Projects that contain or are adjacent to floodplains or environmentally sensitive areas
TDR Category #2: Projects proposing to construct or modify a drainage pipe/ditch that is 12 inches or larger or receives runoff from a 12-inch or larger drainage pipe/ditch
TDR Category #3: Redevelopment projects as defined in FWCC 22-337
If targeted drainage review is required, then the applicant must demonstrate that the proposed project complies with the selected core and special requirements corresponding to the appropriate category or categories of project that best match the proposed project. The specific requirements for each TDR category are as follows:
a. TDR Project Category #1.
1. The following requirements apply to TDR Category #1 projects, but may have exemptions or thresholds that preclude or limit their application to a specific project:
i. Core Requirement #5 – Erosion and Sediment Control.
ii. Special Requirement #1 – Other Adopted Area-Specific Requirements.
iii. Special Requirement #2 – Floodplain/Floodway Analysis.
iv. Special Requirement #3 – Flood Protection Facilities.
v. Special Requirement #4 – Source Control.
2. The following requirements may be applied to projects in TDR Category #1 at the discretion of public works based on site-specific conditions:
i. Core Requirement #1 – Discharge at the Natural Location.
ii. Core Requirement #2 – Offsite Analysis.
iii. Core Requirement #3 – Flow Control.
iv. Core Requirement #4 – Conveyance System.
v. Core Requirement #6 – Maintenance and Operations.
vi. Core Requirement #7 – Financial Guarantees and Liability.
vii. Core Requirement #8 – Water Quality.
b. TDR Project Category #2.
1. The following requirements apply to projects in TDR Category #2:
i. Core Requirement #1 – Discharge at the Natural Location.
ii. Core Requirement #2 – Offsite Analysis.
iii. Core Requirement #4 – Conveyance System.
iv. Core Requirement #5 – Erosion and Sediment Control.
v. Core Requirement #6 – Maintenance and Operations.
2. The following requirements apply to projects in TDR Category #2, but have exemptions or thresholds that may preclude or limit their application to a specific project:
i. Core Requirement #7 – Financial Guarantees and Liability.
ii. Special Requirement #4 – Source Control.
c. TDR Project Category #3.
1. The following requirements apply to the projects in TDR Category #3:
i. Core Requirement #1 – Discharge at the Natural Location.
ii. Core Requirement #5 – Erosion and Sediment Control.
iii. Core Requirement #6 – Maintenance and Operations.
2. The following requirements apply to projects in TDR Category #3, but have exemptions or thresholds that may preclude or limit their application to a specific project:
i. Core Requirement #7 – Financial Guarantees and Liability.
ii. Core Requirement #8 – Water Quality.
iii. Special Requirement #4 – Source Control.
iv. Special Requirement #5 – Oil Control. (Ord. No. 99-352, § 3, 11-16-99)
21-13.5 Liability insurance.
The person required to construct any storm drainage facility required herein shall maintain a liability policy in the amount of $500,000 per individual, $500,000 per occurrence and $100,000 property damage, which shall name the city as an additional insured, and which shall protect the city from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. Proof of such liability policy shall be provided to the public works director prior to commencing construction of any drainage facility; provided, that in the case of facilities dedicated to and accepted by the city for maintenance pursuant to FWCC 21-26 through 21-27, such liability policy shall be terminated when the city maintenance responsibility commences. (Ord. No. 99-352, § 3, 11-16-99)
Division 5. Administration and Enforcement
21-14 Review and approval authority.
The director, or his or her designee(s), may approve, conditionally approve or deny an application for regulated activities under this article. (Ord. No. 99-352, § 3, 11-16-99)
21-15 Enforcement.
The director shall enforce this article, and the terms and conditions of any application, permit or approval for regulated activities granted under this article, using Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit, any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II and III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. (Ord. No. 99-352, § 3, 11-16-99)
21-16 Inspection.
All activities regulated by this article, except those exempted under FWCC 21-7, shall be inspected by the director or his or her designee(s). The director or designee(s) shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. When required by the director, a special inspection and/or testing shall be performed. Any applicant who has obtained the approval of the director under this article shall permit the director or designee(s) access to the property, when requested, to permit the inspections required by this section. (Ord. No. 99-352, § 3, 11-16-99)
Division 6. Adjustments
21-17 Purpose and timing.
An applicant seeking approval under this article for a regulated activity may seek the approval of the director to vary from one of the core or special requirements under FWCC 21-12, or any other specific requirement or standard contained in the KCSWDM and Federal Way Addendum. Proposed adjustments should be approved prior to final permit approval, but the director may approve an adjustment up to the time the director approves final construction or accepts drainage facilities for maintenance. (Ord. No. 99-352, § 3, 11-16-99)
21-18 Types of adjustments.
There are four types of adjustments, as follows:
(1) Standard adjustments;
(2) Complex adjustments;
(3) Experimental design adjustments;
(4) Blanket adjustments.
The appropriate use for each adjustment type is described in the KCSWDM and Federal Way Addendum. (Ord. No. 99-352, § 3, 11-16-99)
21-19 Authority.
The director shall have authority to approve or deny all four types of adjustments for any regulated activity requiring drainage review under this article. (Ord. No. 99-352, § 3, 11-16-99)
21-20 Criteria for granting adjustments.
Adjustments to the requirements in the KCSWDM and Federal Way Addendum may be granted; provided, that the adjustment will:
(1) Produce a result comparable to that which would be achieved by satisfaction of the KCSWDM and Federal Way Addendum requirements, and which is in the public interest; and
(2) Meet the objectives of safety, function, appearance, environmental protection, and maintainability based on sound engineering judgment.
When an applicant demonstrates to the director’s satisfaction that meeting either the KCSWDM and Federal Way Addendum requirements, or the requirement to produce a comparable result, will deny an applicant all reasonable use of his or her property, the applicant shall implement the best practicable alternative that achieves the spirit and intent of the requirement, as determined by the director. Public works staff shall provide recommendations to the director on the best practicable alternative to be required.
Any adjustment that would conflict with the requirements of any other chapter of the Federal Way City Code must first be reviewed and approved by the department responsible for administration of that chapter. (Ord. No. 99-352, § 3, 11-16-99)
21-21 Experimental design adjustments.
Adjustments utilizing an experimental water quality facility or flow control facility may be approved by the director on a limited basis if the following criteria are met:
(1) The new design is likely to meet the identified target pollutant removal goal or flow control performance based on performance data and theoretical considerations; and
(2) Construction of the facility can, in practice, be successfully carried out; and
(3) Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner; and
(4) The applicant or property owner contributes a share of the cost of monitoring to determine facility performance.
The director may condition approval of an experimental design adjustment upon the applicant’s agreement to reserve sufficient land area and post a bond or other financial guarantee satisfactory to the director, for construction of a conventional facility should the experimental facility fail. The director may approve release of the set aside area and financial guarantee upon proof of operation of the experimental facility to the satisfaction of the director. (Ord. No. 99-352, § 3, 11-16-99)
21-22 Adjustment application and review process.
(a) Timing. Requests for standard and complex adjustments will be accepted only for permits pending approval or approved permits that have not yet expired. Applications for preapplication adjustments and experimental design adjustments may be submitted prior to permit application if the applicant provides justification at a preapplication meeting with public works that an adjustment decision is needed to determine the viability of the proposed project. There is no application process for blanket adjustments because they are initiated and issued solely by the city.
(b) Submission of application. The completed adjustment request application forms must be submitted to the director, along with sufficient engineering information (described in Chapter 2 of the KCSWDM and Federal Way Addendum) to evaluate the request. The application shall identify the specific requirement for which the adjustment is sought.
(c) Review of application. The director or his or her designee will review and either approve or deny the adjustment request in writing following the director’s determination that all necessary information has been received from the applicant. Approvals of standard and complex adjustments will expire upon expiration of the permit to which they apply. Approvals of preapplication adjustments will expire one year after the approval date, unless a complete permit application is submitted and accepted.
(d) Blanket adjustments. Blanket adjustments may be issued by the director based on:
(1) A previously approved standard, complex, preapplication, or experimental design adjustment and supporting documentation; and
(2) Information describing the need for the blanket adjustment. Typically, blanket adjustments should apply globally to design or procedural requirements and be independent of site conditions. (Ord. No. 99-352, § 3, 11-16-99)
21-23 Appeal procedure.
(a) Appeal procedure. The applicant may appeal the denial or approval conditions of an adjustment request by submitting a formal letter to the director within 15 working days of the decision. This letter must include justification for review of the decision, along with a copy of the adjustment request with the conditions (if applicable) and a listing of all previously submitted material. The department director shall respond to the applicant in writing within 15 working days; this decision shall be final and not subject to subsequent appeal, either independently or as part of an appeal of overall project land use or building permit approval. A per-hour review fee will be charged to the applicant for the director’s review of an appeal.
(b) Director’s decision on appeal. The public works director or designee may grant an exception from the adjustment denial or approval conditions; provided, that the director finds that the request satisfies the following criteria:
(1) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;
(2) That there are special physical circumstances or conditions affecting the property such that the intent of the core and special requirements has been met;
(3) That granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and
(4) The exception is the least possible exception that could be granted to comply with the intent of the core and special requirements.
Exceptions granted shall expire upon expiration of the permit to which they apply. (Ord. No. 99-352, § 3, 11-16-99)
Article III.
OPERATIONS AND MAINTENANCESections:
Division 1. Generally
21-24 Purpose.
21-25 Adoption of state statutes and regulations.
Division 2. Ownership, Operation and Maintenance Requirements
21-26 Ownership of stormwater facilities.
21-27 Maintenance responsibility.
21-28 Minimum maintenance standards.
21-29 Disposal of waste from maintenance activities.
Division 3. Administration and Enforcement
21-30 Inspection program.
21-31 Entry to stormwater facilities.
21-32 Inspection and maintenance records.
21-33 Reporting.
21-34 Enforcement.
Division 1. Generally
21-24 Purpose.
The provisions of this article are intended to:
(1) Provide standards and procedures for inspection and maintenance of stormwater facilities in Federal Way to provide for an effective, functional stormwater drainage system.
(2) Authorize the Federal Way public works department to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter.
(3) Establish the minimum level of compliance which must be met.
(4) Guide and advise all who conduct inspection and maintenance of stormwater facilities.
(5) Event harmful materials from leaking, spilling, draining, or being dumped into any public or private stormwater system. (Ord. No. 99-352, § 3, 11-16-99)
21-25 Adoption of state statutes and regulations.
The following state statutes and administrative regulations are hereby adopted by this reference as if set forth in full, to the extent necessary to interpret and implement this chapter:
(1) Chapter 43.20 RCW, Drinking Water.
(2) Chapter 70.95 RCW, Dangerous and Solid Waste.
(3) Chapter 70.105 RCW, Dangerous Waste, MTCA, Sediment Standards.
(4) Chapter 90.48 RCW, Ground Water, Surface Water, Sediment.
(5) Chapter 90.54 RCW, Ground Water.
(6) Chapter 90.70 RCW, Sediment.
(7) Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington.
(8) Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.
(9) Chapter 173-216 WAC, State Waste Discharge Permit Program.
(10) Chapter 173-220 WAC, National Pollutant Discharge Elimination System Permit Program.
(11) Chapter 173-204 WAC, Sediment Management Standards.
(12) Chapter 173-303 WAC, Dangerous Waste Regulations.
(13) Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling.
(14) Chapter 173-340 WAC, The Model Toxics Control Act Cleanup Regulation.
(15) Chapter 246-290 WAC, Public Water Supplies. (Ord. No. 99-352, § 3, 11-16-99)
Division 2. Ownership, Operation and Maintenance Requirements
21-26 Ownership of stormwater facilities.
(a) Public stormwater facilities.
(1) Stormwater facilities in rights-of-way or dedicated easements or tracts. The city of Federal Way shall own, operate and maintain all elements of the storm drainage system in the right-of-way and in easements or tracts granted or dedicated to, and accepted by, the city of Federal Way.
(2) Existing stormwater facilities on private property. The city of Federal Way will not acquire or accept (via dedication, grant of easement, or other conveyance) existing components of the stormwater conveyance system located on private property, except when the components are needed for city of Federal Way construction projects identified in the capital facility plan or annual capital improvement program.
(3) New stormwater facilities. The city of Federal Way will accept ownership and responsibility for new retention/detention systems (via dedication, grant of easement, or other conveyance) only if all of the following conditions are met:
a. Public ownership of the system will provide a public benefit;
b. An easement or dedication of the property is offered by the property owner at no cost;
c. The system meets city standards;
d. There is access for city of Federal Way maintenance from a public right-of-way;
e. The city of Federal Way has adequate resources to maintain the system; and
f. The system serves a subdivision (as opposed to a short plat or commercial property).
(b) Private stormwater facilities. Stormwater systems located on private property shall be the responsibility of the owner to operate, inspect, maintain and improve. (Ord. No. 99-352, § 3, 11-16-99)
21-27 Maintenance responsibility.
(a) Generally. All stormwater facilities shall be maintained in accordance with this chapter and the Federal Way Stormwater System Operation and Maintenance Manual. Drainage facilities shall be maintained so that they operate as intended. Systematic, routine preventive maintenance is preferred.
(b) Public stormwater facilities. The responsibility of the city of Federal Way shall be limited to maintenance and operation of the city of Federal Way stormwater system, and the city of Federal Way assumes no responsibility for maintenance and operation of private systems.
(c) Private stormwater facilities. Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this chapter and the Federal Way Stormwater System Operation and Maintenance Manual.
(d) New subdivisions and new short plats. In new subdivisions and short plats, maintenance responsibility for private drainage facilities shall be specified on the face of the subdivision or short plat.
(e) Existing subdivisions and existing short plats. If a private drainage facility serves multiple lots and the responsibility for maintenance has not been specified on the subdivision plat, short plat or other legal document, maintenance responsibility shall rest with the homeowners’ association, if one exists, or otherwise with the owners of the properties served by the facility. If owners of the properties served by the facility cannot be located, maintenance responsibility shall rest with the owner(s) of the property on which the facilities are located. (Ord. No. 99-352, § 3, 11-16-99)
21-28 Minimum maintenance standards.
The following are the minimum standards for the maintenance of stormwater facilities:
(1) All stormwater facilities shall be inspected at regular intervals and maintained and repaired in accordance with the Federal Way Stormwater System Operation and Maintenance Manual, the approved designs for stormwater facilities, stormwater permits which may be issued by the city of Federal Way, the State Department of Ecology, or the Environmental Protection Agency (EPA), applicable construction standards, and the minimum requirements as stated in the stormwater management manual.
(2) Where maintenance and repair is necessary to correct health or safety problems, to prevent harmful materials from entering the stormwater system, or to remove harmful materials that have entered the stormwater system, such work shall be completed by the owner or operator of the stormwater system or stormwater facility within 24 hours of discovery of the need for maintenance or repair. When maintenance and repair is found necessary to prevent water quality degradation, such work shall be completed within 14 calendar days of discovery of the need for maintenance or repair. For other related problems, maintenance or repairs shall be completed within 30 calendar days of discovery or repair.
(3) Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained.
(4) Should the public works director have reasonable cause to believe that the situation at a private stormwater facility is so adverse or hazardous so as to preclude written notice, he or she may take the measures necessary to eliminate the hazardous situation; provided, that he or she shall first make a reasonable effort to locate the owner before acting. In such instances the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a bond pursuant to this chapter or other city requirement has been posted, the public works director shall have the authority to collect against the bond to cover costs incurred.
(5) Illicit discharges to the stormwater system are prohibited, unless such discharges are authorized in accordance with Chapter 173-216 WAC (State Waste Discharge Permit Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System Program).
(6) Harmful and prohibited materials, as defined in this chapter, shall not be allowed to enter any stormwater system. All such substances shall be stored, handled and disposed in a manner that will prevent them from entering the stormwater system. Further, storage, handling and disposal shall be conducted in accordance with Chapters 173-303 and 173-304 WAC. (Ord. No. 99-352, § 3, 11-16-99)
21-29 Disposal of waste from maintenance activities.
Disposal of waste from maintenance activities shall be conducted in accordance with the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. No. 99-352, § 3, 11-16-99)
Division 3. Administration and Enforcement
21-30 Inspection program.
(a) Program. The director shall develop and implement a program and procedures for the regular inspection of all public and private stormwater facilities in Federal Way. As part of that program, or whenever there is probable cause to believe that a violation of this chapter or article has been or is being committed, the director (or his or her designated inspector) is authorized to inspect all public and private portions of the stormwater drainage systems within Federal Way during regular working hours and at other reasonable times to determine compliance with the provisions of this chapter.
(b) Schedule. As part of the inspection program, the director shall establish a master inspection and maintenance schedule. Inspections shall be annual, at a minimum. Critical stormwater facilities may require a more frequent inspection schedule. If, during an inspection, a facility is found not to be in compliance with the standards described in the Federal Way Stormwater System Operation and Maintenance Manual, all subsequent inspection and maintenance intervals shall be scheduled more frequently if determined by the director to be necessary in order to assure future compliance. If, during the course of the inspection program, additional existing stormwater facilities are discovered, they shall be added to the master inspection and maintenance schedule. (Ord. No. 99-352, § 3, 11-16-99)
21-31 Entry to stormwater facilities.
Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection and request entry.
(1) If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
(2) If after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates a risk of imminent harm to persons or property, the inspector may enter.
(3) If entry is not consented to by the owner or person(s) in control of the property or portion of the property, and no conditions are reasonably believed to exist which create a risk of imminent harm, the inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the state of Washington, the Federal Way municipal court is hereby authorized to issue a warrant permitting the inspection of privately owned stormwater facilities, upon a showing of probable cause to believe that a provision of this chapter has been or is being violated.
(4) The inspector may also inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (3) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
(5) In the event any person, whose property has previously been provided with utility fee credits for onsite water quantity/quality control, refuses to allow the director to inspect said facility or commits a violation of this chapter, the director shall cancel the water quality/quantity credits for said property accordingly. Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The director’s decision on any such reconsideration shall be final and not subject to further appeal.
(6) In the event any person, whose property has previously been provided with a reduced intensity of development classification as the result of the existence of a detention facility on said property, refuses to allow the director to inspect said detention facility or commits a violation of this chapter, the director may adjust the intensity of development classification for said property and the billing rate for said property. Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The director’s decision on any such reconsideration shall be final and not subject to further appeal. (Ord. No. 99-352, § 3, 11-16-99)
21-32 Inspection and maintenance records.
(a) Records for new facilities. Records of new public or private stormwater facilities shall include the following:
(1) As-built plans and locations.
(2) Findings of fact for any exemption granted by the city of Federal Way.
(3) Operations and maintenance requirements and records of inspections, maintenance actions and frequencies.
(4) Engineering reports, if prepared prior to or during construction of the facility.
(b) Records for existing facilities. Upon the request of the director, all owners of existing storm drainage systems shall provide the director with all inspection, maintenance and repair records for their facilities, as well as any existing record drawings or diagrams of their storm drainage systems. (Ord. No. 99-352, § 3, 11-16-99)
21-33 Reporting.
The director shall report annually to the Federal Way city council about the status of the inspections. The annual report may include, but need not be limited to, the portions of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. No. 99-352, § 3, 11-16-99)
21-34 Enforcement.
The director shall enforce this article using Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit, any other forms of enforcement available to the city including, but not limited to, criminal sanctions or other remedies as specified herein or in Chapter 1 FWCC, Articles II and III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. (Ord. No. 99-352, § 3, 11-16-99)
Article IV.
WATER QUALITYSections:
Division 1. Generally
21-35 Purpose.
Division 2. Discharges into Federal Way Waters and Storm Drainage Systems
21-36 Illicit connections.
21-37 Prohibited discharges.
21-38 Allowable discharges.
Division 3. Best Management Practices
21-39 Stormwater Pollution Control Manual.
21-40 Exemptions.
Division 4. Enforcement
21-41 Enforcement.
Division 1. Generally
21-35 Purpose.
The purpose of this article is to protect the city’s surface and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants from commercial, industrial, governmental, agricultural, residential and other land use activities in Federal Way. The city council recognizes that water quality degradation can result directly from one discharge or through the collective impact of many small discharges. Therefore, this chapter requires the implementation of the best known, available, and reasonable management practices to prevent the contamination of stormwater, surface water, and groundwater.
In addition, the city council also recognizes the importance of maintaining economic viability while providing necessary environmental protection. An additional purpose of this chapter it to assist in the achievement of both goals. (Ord. No. 99-352, § 3, 11-16-99)
Division 2. Discharges into Federal Way Waters and Storm Drainage Systems
21-36 Illicit connections.
No person may connect a conveyance system which was not constructed or intended to convey precipitation runoff, or which has been converted from such usage to another use, to a storm drainage system or groundwater infiltration system; except that the following connections or discharges may be made:
(1) Allowable discharges as defined below;
(2) Discharges authorized by a NPDES or state waste discharge permit;
(3) Connections conveying effluent from an approved onsite sewage disposal system to its drainfield. (Ord. No. 99-352, § 3, 11-16-99)
21-37 Prohibited discharges.
It is unlawful for any person to discharge contaminants into surface and stormwater, groundwater, or Puget Sound. Contaminants include, but are not limited to, the following:
(1) Trash or debris;
(2) Construction materials;
(3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil;
(4) Antifreeze and other automotive products;
(5) Metals in either particulate or dissolved form;
(6) Flammable or explosive materials;
(7) Radioactive material;
(8) Batteries;
(9) Acids, alkalis, or bases;
(10) Paints, stains, resins, lacquers, or varnishes;
(11) Degreasers and/or solvents;
(12) Drain cleaners;
(13) Pesticides, herbicides, or fertilizers;
(14) Steam cleaning wastes;
(15) Soaps, detergents, or ammonia;
(16) Swimming pool or spa filter backwash;
(17) Chlorine, bromine, or other disinfectants;
(18) Heated water;
(19) Domestic animal wastes;
(20) Sewage;
(21) Recreational vehicle waste;
(22) Animal carcasses;
(23) Food wastes;
(24) Bark and other fibrous materials;
(25) Collected lawn clippings, leaves, or branches;
(26) Silt, sediment, or gravel;
(27) Dyes (except as described below under “allowable discharges”);
(28) Chemicals not normally found in uncontaminated water;
(29) Any other process associated discharge except as otherwise allowed in this section;
(30) Any hazardous material or waste not listed above. (Ord. No. 99-352, § 3, 11-16-99)
21-38 Allowable discharges.
Subject to provisions of the BMP manual, the following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing pollution of surface and stormwater or groundwater:
(1) Potable water including water from water line flushing and hydrant maintenance;
(2) Uncontaminated water from crawl space pumps or footing drains;
(3) Lawn watering;
(4) Dechlorinated swimming pool water;
(5) Materials placed as part of an approved habitat restoration or bank stabilization project;
(6) Natural uncontaminated surface water or groundwater;
(7) Flows from riparian habitats and wetlands;
(8) Common practices for water well disinfection;
(9) Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition;
(10) Discharges resulting from dye testing authorized by the director;
(11) Discharges which result from emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter so as to avoid an imminent threat to public health or safety. (The director may further define qualifying activities in administrative guidance. The person responsible for said emergency response activities shall take all necessary steps to ensure that the discharges resulting from such activities are minimized and ensure that future incidents are prevented to the greatest extent possible);
(12) Other types of discharges as determined by the director. (Ord. No. 99-352, § 3, 11-16-99)
Division 3. Best Management Practices
21-39 Stormwater Pollution Control Manual.
(a) General. The King County Stormwater Pollution Control Manual (BMP manual), adopted in FWCC 21-10 and 21-11, applies to existing facilities and activities and to new development activities not covered by the King County Surface Water Design Manual (KCSWDM) and Federal Way Addendum to the KCSWDM. The BMP manual describes the types of regulated activities, the types of contaminants generated by each activity, the contaminant’s affect on water quality, the required source control BMPs, and the available treatment BMPs. The BMP manual includes information on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP implementation.
(b) Priority of BMP implementation. In applying the BMP manual, the director shall first require the implementation of source control BMPs unless the BMP manual specifically requires treatment BMPs. If source control BMPs (or treatment BMPs if required by the BMP manual) do not prevent contaminants from entering surface and stormwater or groundwater, the director may require implementation of additional source control BMPs and/or treatment BMPs according to AKART.
(c) Prevention of pollution of surface and groundwaters. BMPs shall be applied as required herein, so that when all appropriate combinations of individual BMPs are utilized, pollution of surface or groundwaters is prevented. If all BMPs required herein, or by the director are applied, and pollution still occurs, the discharger shall modify existing practices or apply further water pollution control measures, as specified by the director. In the absence of implementation of applicable BMPs, the director shall be authorized to conclude that individual activities are causing pollution in violation of this article, and shall be authorized to enforce this article accordingly.
(d) Technical assistance. The Federal Way surface water management division will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options, to persons required to comply with this chapter. (Ord. No. 99-352, § 3, 11-16-99)
21-40 Exemptions.
It is intended that all persons shall apply appropriate BMPs, whether as required by this chapter or under the authority of another program. Notwithstanding the requirements of FWCC 21-39, implementation of BMPs prescribed by this article is not required when:
(1) Alternative BMPs are being implemented pursuant to another federal, state, or local program, unless the director determines the alternative BMPs will not prevent or sufficiently reduce the discharge of contaminants. If the other program permitting alternative BMPS requires the development of a best management practices plan, the person shall, upon request and at no cost to the city, provide the director a copy of the BMP plan within five days of the request;
(2) A general or individual NPDES permit for stormwater discharges has been issued by the Washington State Department of Ecology for the property or activity in question, and the NPDES permit includes a water quality pollution control plan; unless the director determines that the plan is not being implemented or that implementation of the water quality pollution control plan will not prevent or sufficiently reduce the discharge of contaminants;
(3) A farm management plan approved by the director is being implemented and maintained according to the plan;
(4) A general or individual NPDES permit for commercial dairy operations has been issued by the Washington State Department of Ecology;
(5) An approved forest practices application has been approved by the Washington State Department of Natural Resources for forest practices, with the exception of forest practices occurring on lands platted after January 1, 1960, or on lands being converted to another use, or regulatory approval has otherwise been issued by the city of Federal Way or other local government under RCW 76.09.240;
(6) The director is authorized to and has issued an exemption from BMP requirements under another provision of this chapter. (Ord. No. 99-352, § 3, 11-16-99)
Division 4. Enforcement
21-41 Enforcement.
(a) Violations. Notwithstanding the requirements of FWCC 21-36 through 21-39, if a person has properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is carrying out AKART as required or approved by the director, and/or has modified existing practices as specified by the director, and contaminants continue to enter surface and stormwater or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of this article. Said person however, remains liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in violation of this article that allow contaminants to enter surface and stormwater or groundwater.
(b) Additional guidance. The director, in consultation with other departments of Federal Way government, may develop and implement additional guidance information which describes the goals, objectives, policies, and procedures for a water quality investigation and enforcement program. These procedures will describe how the city will investigate and respond to reports or instances of noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the enforcement procedures.
(c) Inspections. The director may observe BMPs or examine and/or sample surface and stormwater or groundwater as often as may be necessary to determine compliance with this chapter. The director or his or her designee is further authorized, as set forth in FWCC 21-30 and 21-31, to enter in or upon any public or private property for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of surface and/or groundwaters. Whenever an onsite inspection of a property is made, the findings shall be recorded. A copy of the inspection findings shall be furnished to the owner or the person in charge of the property after the conclusion of the investigation and completion of the inspection findings.
(d) Sampling and analysis. Whenever the director determines that any person has violated or is violating the provisions of this article, the director may require the person responsible for the violation to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the director. A copy of the analysis shall be provided to the Federal Way surface water management division.
(e) Enforcement. If the director determines that a violation has been committed, the director shall enforce this article using Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit, any other forms of enforcement available to the city including, but not limited to, criminal sanctions or other remedies as specified herein or in Chapter 1 FWCC, Articles II and III, Nuisance and Injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter.
(f) Summary abatement. In addition to the remedies specified by Chapter 1 FWCC, Article III, Civil Enforcement of Code, whenever any violation of this article causes or creates a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter 1 FWCC, Article III, Civil Enforcement of Code. (Ord. No. 99-352, § 3, 11-16-99)
Article V.
FLOOD DAMAGE PREVENTIONSections:
Division 1. Generally
21-100 Purpose.
21-101 Adoption of state and federal statutes and regulations.
21-102 Methods of reducing flood losses.
21-103 Definitions.
Division 2. Provisions
21-104 General provisions.
21-105 Permits.
21-106 Use of other base flood data (in A and V zones).
21-107 Information to be obtained and maintained.
21-108 Alteration of watercourses.
21-109 Conditions for variances.
21-110 Provisions for flood hazard reduction.
21-111 Subdivision proposals.
21-112 Review of building permits.
21-113 Specific standards.
21-114 AE and A1-30 zones with base flood elevations but no floodways.
21-115 Floodways.
21-116 Critical facility.
Division 1. Generally
21-100 Purpose.
It is the purpose of this article to promote the public health, safety, and general welfare and minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets; and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. No. 06-536, § 2(Exh. A), 11-7-06)
21-101 Adoption of state and federal statutes and regulations.
The following state statutes and administrative regulations as currently existing and hereafter amended are hereby adopted by this reference as if set forth in full:
(1) Chapter 86.16 RCW, Floodplain Management.
(2) 44 CFR 59.22(a).
(3) 44 CFR 60.3(c)(1)(d)(2).
(4) 44 CFR 60.3(b)(1).
(5) 44 CFR 59.22(b)(1).
(6) 44 CFR 60.3(a)(2). (Ord. No. 06-536, § 2(Exh. A), 11-7-06)
21-102 Methods of reducing flood losses.
In order to accomplish its purposes, this article includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. No. 06-536, § 2(Exh. A), 11-7-06)
21-103 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. Unless specifically defined below, terms or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
Appeal means a request for a review of the interpretation of any provision of this article or a request for a variance.
Area of shallow flooding means designated as AO or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations.
Area of special flood hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). Designated on flood insurance rate maps by the letters A or V.
Basement means any area of the building having its floor sub-grade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE or V.
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.
Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
Director means the director of the city of Federal Way community development department or his or her designee.
Elevated building means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
Elevation certificate means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood insurance study (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article found at FWCC 21-113(1)(b) (i.e., provided there are adequate flood ventilation openings).
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
New construction means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this article.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
Recreational vehicle means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Start of construction includes substantial improvement, and means the date the building permit