Not an official copy.
Lacey, WA
Ordinance No. 1113
AN ORDINANCE OF THE CITY OF LACEY, WASHINGTON, ESTABLISHING PROVISIONS FOR APPROVAL OF ZERO EFFECTIVE IMPERVIOUS SURFACE PROJECTS, ADDING A NEW CHAPTER 14.31 TO THE LACEY MUNICIPAL CODE AND APPROVING A SUMMARY FOR PUBLICATION
WHEREAS, an increasing number of federal, state and local governmental actions are aimed at improving watershed conditions in order to increase water quality, improve hydrologic flows to reduce flooding and erosion and maintain stream flows to support healthy living conditions for human, fish, insect, and animal life; and
WHEREAS, scientific research shows that the amount of impervious land cover in a watershed can produce problems in stream and watershed health, and that the cumulative effects of traditional site, building and road design adds to this degradation over the long term; and
WHEREAS, site design is important to stream protection and standards are desired that result in less impervious surface, more "green" and open space areas, and retention of precipitation on site to the extent reasonably possible; and
WHEREAS, creative site design and construction practices may be available to significantly reduce impervious cover and approach zero drainage discharge from development, but these may not be permitted or are difficult to achieve under existing road, stormwater and development regulations; and
WHEREAS, experience in silvaculture shows that a small percentage of a forest in a watershed can be cleared without impacts to streams and if site development does not exceed that threshold for clearing, downstream impacts might be avoided; and
WHEREAS, the City wishes to foster innovative design and development techniques that will demonstrate that the impact of development on salmon streams can be reduced to an immeasurable amount and that changes can be made to development regulations and building practices that will lead to zero impact on receiving waters as a result of development;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LACEY, WASHINGTON, as follows:
Section 1. There is hereby added to the Lacey Municipal Code a new chapter 14.31 entitled "Zero Effect Drainage Discharge" to read as follows:
ZERO EFFECT DRAINAGE DISCHARGE
Sections:
14.31.010 Goal and Purpose of Chapter 14.31.020 Definitions
14.31.030 Authorized Deviations from Engineering Design and Development Guidelines and Public Works Standards
14.31.040 Official Approval
14.31.050 Evaluation and Monitoring
14.31.010 Goal and Purpose of Chapter. This Chapter is enacted with a goal of retaining the critical functions of a forest including evapotranspiration and infiltration after site development such that near "zero effective impervious surface" is a achieved. As part of meeting such goal, this chapter is intended to fulfill the following purposes:
A. Provide those developing land the opportunity to demonstrate zero effective impervious surfaces.
B. Improve the conditions of habitat and ground and surface waters within a watershed with innovative urban residential design and development techniques.
C. Foster broad community acceptance of the use of significantly less impervious surface and greater natural habitat conservation on sites.
D. Provide the opportunity to identify and evaluate potential substantive changes to land use development regulations which support and improve natural functions of watersheds.
14.31.02. Definitions. As used in this chapter, the words hereinafter defined shall have the meaning set forth.
A. "Drainage collection system" means a system for conveying, treating and detaining stormwater runoff swales, ponds, and outfalls.
B. "Forested area" means a treed area which functions, or which over time will be restored to function, as a mature forest characterized by an undisturbed understory.
C. "Innovative site design" means development techniques for development using creative approaches to site design, habitat and tree retention, significant reduction of impervious surfaces, changes in traditional site features such as roads and structures in favor of natural habitat features which result in zero or near-zero drainage discharge from the site after development.
D. "Zero effective impervious surface" means impervious surface reduction to a small fraction of that resulting from traditional site development techniques such that usual manade drainage collection systems are not necessary.
E. "Zero effective impervious surface project" means those projects characterized by a reduction of total impervious surface to a small fraction of that which would result from traditional development. Such projects will place impervious surfaces in increments such that run off travel distance to a vegetative buffer is minimized and does not exceed a maximum of fifteen feet. Further, the landscaped areas within such projects will be minimized and buffered on the down-slope side by a forested area. A forested area shall comprise at least 60% of the land area upon which the project is located, shall be maintained in perpetuity and shall substitute for a traditional drainage system. It is preferred that the site for such projects be characterized by a predominance of Soils Conservation Service Class C or D soils.
14.31.030 Authorized Deviations From Engineering Design and Development Guidelines and Public Works Standards. In order to accomplish the purposes and goal of this chapter, the site plan review committee may approve or for those projects requiring review and approval by either the hearings examiner or by the City Council, recommend approval of deviations from engineering design and the provisions of the City's Development Guidelines and Public Works Standards in accordance with the requirements set forth in this chapter. Deviations shall be based on the following criteria:
A. The deviations contribute to and are consistent with the zero effective impervious surface goals of this chapter.
B. The proposed development project offers reasonable assurance that near zero effect impervious surface will be achieved and maintained.
C. The deviations do not threaten public health or safety.
D. The deviations are consistent with generally accepted. engineering and design criteria, except as necessary to achieve the purposes set forth in this chapter.
E. The deviations promote one or more of the following:
1. Innovative site or housing design furthering the purposes of the
program;
2. Increased on-site stormwater retention using a variety of native vegetation;
3. Retention of at least 60% of natural habitat conditions over the site;
4. Improved on-site water quality beyond that required by current applicable regulations;
5. Retention or re-creation of pre-development and/or natural hydrologic conditions to the maximum extent possible;
6. The reduction of effective impervious surfaces to near zero.
F. The deviations do not allow density greater than what would otherwise be allowed under City regulations then in effect.
The applicant will be required to list and document the justification for each deviation requested. In order for such a project to be approved, it must be demonstrated that the project meets all other requirements of the Lacey Municipal Code except for such specific deviations and that such project has a reasonable assurance of long term success. There shall be submitted in conjunction with each such project, covenants, conditions and restrictions which will be binding upon the property and which require forest retention, no net increases in impervious surface and such other critical features as the City may require.
14.31.040. Official Approval. All projects proposed under the terms of this chapter shall require approval of either a plat or an official site plan approved pursuant to the provisions of this code in recordable form which shall be binding upon the owners of the real property, their heirs and assigns. Such plat or official site plan shall include a specific land clearing and tree retention plan which shall be referenced upon the face of the plat or binding site plan. All development of the land, site design, landscaping, natural drainage features, habitat protection, stormwater design-and the design, placement and size of housing or other buildings and any additional site features shall be consistence with the approved plat or site plan. Any changes will require a formal application and amendment of either
the plat or the official adopted site plan pursuant to the provisions of this code.
14.31.050 Evaluation and Monitoring. Each application for approval of a project pursuant to the terms of this chapter shall be accompanied by a proposed monitoring and evaluation process designed to measure the performance of specific elements addressed in the deviations sought for the project. After the approval of a project, the city shall, with such cooperation as may be required of the property owner, document project progress, and in particular, those innovations and code deviations granted as part of such project approval. Written progress evaluations shall be prepared by the staff of the Public Works Department and provided to the Site Plan Review Committee and City Council. An annual report on all such approved projects shall be prepared for the City Council including a summary description and evaluation of each selected project and any recommendations regarding substantive changes to the Lacey Municipal Code which are supported by such evaluation.
Section 2. The terms of this chapter shall be in effect until September 30, 2004 unless such expiration date is extended by action of the City Council or action is take by the Council to earlier modify or repeal this chapter.
Section 3. The summary of this ordinance, which is attached hereto, is approved for publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF LACEY, WASHINGTON, this ________ day of _______________, 1999.
CITY COUNCIL
By__________________________
Mayor
Attest: Approved as to form:
____________________________ ___________________________
City Clerk City Attorney
Published: _________________________
SUMMARY FOR PUBLICATION
ORDINANCE _________
CITY OF LACEY
The City Council of the City of Lacey, Washington, passed on
August ______, 1999, Ordinance No. _______ entitled "AN ORDINANCE OF
THE CITY OF LACEY, WASHINGTON, ESTABLISHING PROVISIONS FOR APPROVAL OF ZERO EFFECTIVE IMPERVIOUS SURFACE PROJECTS, ADDING A NEW CHAPTER 14.31 TO THE LACEY MUNICIPAL CODE AND APPROVING A SUMMARY FOR PUBLICATION"
The Main points of the ordinance are as follows:
1. The ordinance provides for allowing projects on a demonstration basis which will result in no increase in the effective impervious surface aspects of the project because of the use of forested areas, vegetated buffers and minimum landscaped areas.
2. Applicants for approval of such projects may ask for deviations from engineering design and the City's Development Guidelines and Public Works Standards by demonstrating innovative techniques warranting such deviations in accordance with the criteria set forth in the ordinance.
3. All such projects will require either a binding site plan or plat approval and will be approved only with binding assurances of reasonably long term success and maintenance of those features which allow the project to be approved.
4. The ordinance also provides for monitoring of the progress of such projects in order that the council may determine whether to continue the program and further whether changes to the City's Development Guidelines and Public Works Standards are warranted by the experience of such projects.
A copy of the full text of this Ordinance will be mailed without charge to any person requesting the same from the City of Lacey.
Published: __________________________, 1999.