HomeMy WebLinkAboutOrdinance 2015-026 Amend Chapter 13.28 AMC LID Standards ORDINANCE NO. 2015-026
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 13.28 OF THE ARLINGTON MUNICIPAL CODE
RELATING TO LOW IMPACT DEVELOPMENT (LID) STANDARDS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040 and
has authority to regulate stormwater pursuant to RCW Chapters 35A.80 and 35.67; and
WHEREAS, the City wishes to incorporate into its design guidelines provisions
encouraging low impact development (LID) into its stormwater code; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. Arlington Municipal Code Section 13.28.030 shall be amended to
read as follows:
13.28.030 - Purpose. The purpose of this code is to:
(1)Provide for the planning, security, design, construction, use, maintenance,
repair and inspection of the public and private storm and surface water
systems, and to protect the life, health, and property of the general
public;
(2)Establish programs consistent with federal and state regulations which
assure the quality of the water in such systems;
(3)Minimize water quality and quantity impacts causing degradation and
sedimentation of creeks, streams, ponds, lakes, and other water bodies;
(4)Preserve and enhance the suitability of waters for contact recreation, fish
and wildlife habitat, and aesthetics;
(5)Maintain and protect valuable groundwater quality, locations, and flow
patterns including points of recharge and discharge;
(6)Encourage the use of low impact development (LID) best management
practices when site characteristics support their operation in a cost
effective manner.
(7)Minimize the chance of flooding;
(8)Ensure the safety of public roads and rights-of-way;
(9)Decrease drainage related damage to public and private property; and
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(10) Provide for the enforcement of the provisions of this code.
Section 2. Arlington Municipal Code Section 13.28.060 shall be amended to
read as follows:
13.28.060 - Definitions. The following words and phrases, when used in this code,
shall have the following meanings:
"AMC" means Arlington Municipal Code.
"As-built" means a final approved drawing of the actual installation of
structures, materials and equipment that meets the requirements specified in the most
recent edition of the Engineering Standards.
"Best management practice" (BMP) means those physical, structural and/or
managerial practices that, when used individually or in combination, prevent or
reduce structural damage, soil erosion, and water pollution. BMPs include, but are
not limited to, structural solutions covered by the terms "best available technology"
(BAT) and "all known available and reasonable methods of treatment" (AKART).
"Bioretention" means engineered facilities that treat stormwater by passing it
through a specified soil profile, and either retain or detain the treated stormwater for
flow attenuation. Refer to the Chapter 7 of Volume V of the Stormwater Manual for
bioretention BMP types and design specifications.
"Certified Erosion and Sediment Control Lead (CESCL)" means an individual
who has current certification through an approved erosion and sediment control
training program that meets the minimum training standards established by the
Washington Department of Ecology (Ecology) (see BMP C160 in the Stormwater
Manual). A CESCL is knowledgeable in the principles and practices of erosion and
sediment control. The CESCL must have the skills to assess site conditions and
construction activities that could impact the quality of stormwater and, the
effectiveness of erosion and sediment control measures used to control the quality of
stormwater discharges. Certification is obtained through an Ecology approved
erosion and sediment control course.
"City" means the city of Arlington, Washington unless otherwise specified.
"Comprehensive stormwater plan" means the latest version of the city of
Arlington Comprehensive Stormwater Plan as adopted by the city council.
"Conveyance system" means that part of the drainage system that conveys storm
and surface water, including pipes, storage facilities, catch basins, ditches, swales,
and stream courses.
"Detention facility" means an above or below ground facility, such as a pond or
vault, that temporarily stores stormwater runoff and subsequently releases it at a
slower rate than it is collected by the facility.
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"Director" means the director of the Arlington Public Works Department, or
designated representative.
"Discharge point" means the location where a discharge leaves the storm and
surface water system through the facilities/BMPs designed to infiltrate.
"Drainage connection permit" means a permit which is required to connect to an
existing public drainage system, construct a new private drainage system, or modify
an existing private drainage system.
"Drainage system". See "storm and surface water system."
"Effective impervious surface" means impervious surfaces that are connected
via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are
considered ineffective if:
1) the runoff is dispersed through at least one hundred feet of native vegetation
in accordance with BMP T5.30 —"Full Dispersion" as described in Chapter 5 of
Volume V of the Stormwater Manual;
2) residential roof runoff is infiltrated in accordance with Downspout Full
Infiltration Systems in BMP T5.10A in Volume III of the Stormwater Manual;
or
3) approved continuous runoff modeling methods indicate that the entire runoff
file is infiltrated.
"Emergency" means any natural or human-caused event or set of circumstances
that disrupts or threatens to disrupt or endanger the operation, structural integrity or
safety of the drainage system; or endangers the health and safety of the public; or
aquatic inhabitants; or otherwise requires immediate action by the utility.
"Engineering standards" means the most recent edition of the City of Arlington
Public Works Design and Construction Standards and Specifications manual, which
include minimum requirements for the design and construction of storm and surface
water drainage facilities.
"Erodible or leachable materials" means wastes, chemicals, or other substances
that measurably alter the physical or chemical characteristics of runoff when exposed
to rainfall. Examples include erodible soils that are stockpiled, uncovered process
wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster
leakage.
"Equivalent service unit" (ESU) means the measure of impervious area to be
used by the utility in assessing service charges against a parcel of property. One ESU
is equal to six thousand square feet of impervious area.
"Hard surface" means an impervious surface, a permeable pavement, or a
vegetated roof.
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"Illicit discharge" means any discharge to the storm and surface water system
that is not composed entirely of stormwater, except discharges as allowed by this
code.
"Illicit discharge detection and elimination (IDDE) program" means a program
designed to detect and eliminate illicit discharges through education, enforcement, or
other measures available to the utility under this code. The IDDE program is both
reactive and proactive. The program is reactive in addressing spills and other illicit
discharges to the stormwater drain systems that are found. The program is proactive
in preventing and eliminating illicit discharges through education, training and
enforcement.
"Impervious area" means the non-vegetated surface area that either prevents or
retards the entry of water into the soil mantle as under natural conditions prior to
development. A non-vegetated 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 retention/detention facilities and stormwater wetlands
shall not be considered as impervious surfaces for the purposes of determining
whether the thresholds for application of minimum requirements are exceeded.
Open, uncovered retention/detention facilities shall be considered impervious
surfaces for purposes of runoff modeling. An area or property may be deemed
impervious whether or not the same is occupied or inhabited.
"Land disturbing activity" means any activity that results in a change in the
existing soil cover (both vegetative and non-vegetative) and/or the existing soil
topography. Land disturbing activities include, but are not limited to clearing,
grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered a land disturbing activity.
Vegetation maintenance practices, including landscape maintenance and gardening,
are not considered land-disturbing activity. Stormwater facility maintenance is not
considered land disturbing activity if conducted according to established standards
and procedures.
"Low Impact Development (LID)" means a stormwater and land use
management strategy that strives to mimic pre-disturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpiration by emphasizing
conservation, use of on-site natural features, site planning, and distributed
stormwater management practices that are integrated into a project design.
"LID Best Management Practices (BMPs)" means distributed stormwater
management practices, integrated into a project design, that emphasize pre-
disturbance hydrologic processes of infiltration, filtration, storage, evaporation and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens,
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permeable pavements, roof downspout controls, dispersion, soil quality and depth,
minimal excavation foundations, vegetated roofs, and water re-use.
"LID principles" means land use management strategies that emphasize
conservation, use of on-site natural features, and site planning to minimize
impervious surfaces, native vegetation loss, and stormwater runoff.
"Maintenance" means repair and maintenance includes activities conducted on
currently serviceable structures, facilities, and equipment that involves no expansion
or use beyond that previously existing and results in no significant adverse
hydrologic impact. It includes those usual activities taken to prevent a decline, lapse,
or cessation in the use of structures and systems. Those usual activities may include
replacement of dysfunctional facilities, including cases where environmental permits
require replacing an existing structure with a different type structure, as long as the
functioning characteristics of the original structure are not changed. One example is
the replacement of a collapsed, fish blocking, round culvert with a new box culvert
under the same span, or width, of roadway. In regard to stormwater facilities,
maintenance includes assessment to ensure ongoing proper operation, removal of
built up pollutants (i.e., sediments), replacement of failed or failing treatment media,
and other actions taken to correct defects as identified in the maintenance standards
of Chapter 4, Volume V of the Stormwater Manual.
"Maintenance standards" means City of Arlington Stormwater Utility
Maintenance Standards which includes minimum requirements for maintaining
drainage facilities so they function as intended and provide water quality protection
and flood control, maintenance standards are identified or referenced in the
engineering standards. Maintenance of stormwater management systems located in
critical areas buffers will be required to follow an approved plan approved by the
natural resources manager.
"Maximum extent practicable or MEP" refers to paragraph 402(p)(3)(B)(iii) of
the federal Clean Water Act which reads as follows: Permits for discharges from
municipal storm sewers shall require controls to reduce the discharge of pollutants to
the maximum extent practicable, including management practices, control
techniques, and system, design, and engineering methods, and other such provisions
as the Administrator or the State determines appropriate for the control of such
pollutants.
"National Pollution Detection and Elimination System Phase II Municipal
Stormwater Permit" (NPDES II) means the permit first issued to the city by the
Washington Department of Ecology on February 16, 2007, and as may be
subsequently revised and reissued, and which contains federal and state conditions to
which the utility must comply.
"Native vegetation" means vegetation comprised of plant species, other than
noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and
which reasonably could have been expected to naturally occur on the site. Examples
include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-
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leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and
salal; and herbaceous plants such as sword fern, foam flower, and fireweed.
"New development" means land disturbing activities, including Class IV -
general forest practices that are conversions from timber land to other uses; structural
development, including construction or installation of a building or other structure;
creation of hard surfaces; and subdivision, short subdivision and binding site plans,
as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of
redevelopment shall not be considered new development.
"One hundred year, twenty-four hour storm" means a storm with twenty-four-
hour duration with a 0.01 probability of exceedance in any one year.
"Operations and maintenance manual" means a document prepared by the owner
and/or operator of a private drainage system as part of the drainage connection
permit application or the stormwater credit application, approved by utility
reviewers, and revised and included with the as-built submittal. The O&M Manual
for a property becomes the basis for evaluation during private stormwater treatment
and flow control BMP/facility inspections.
"Outfall" means a point source as defined by 40 CFR 122.2 at the point where a
discharge leaves the storm and surface water system and enters a surface receiving
waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or
other conveyances which connect segments of the same stream or other surface
waters and are used to convey primarily surface waters (i.e., culverts).
"On-site Stormwater Management BMPs" is a synonym for Low Impact
Development BMPs.
"Permeable pavement" means pervious concrete, porous asphalt, permeable
pavers or other forms of pervious or porous paving material intended to allow
passage of water through the pavement section. It often includes an aggregate base
that provides structural support and acts as a stormwater reservoir.
"Pervious Surface" means any surface material that allows stormwater to
infiltrate into the ground. Examples include lawn, landscape, pasture, native
vegetation areas, and permeable pavements.
"Pollution" means the contamination or other alteration of the physical,
chemical, or biological properties of any natural waters including change in
temperature, taste, color, turbidity, or odor of the waters, or the discharge of any
liquid, gaseous, solid, radioactive, or other substance into any such waters 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, per RCW 90.48.20.
"Pollution-generating hard surface (PGHS)" means those hard surfaces
considered to be a significant source of pollutants in stormwater runoff. See the
listing of surfaces under pollution-generating impervious surface.
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"Pollution-generating impervious surface (PGIS)" means those impervious
surfaces considered to be a significant source of pollutants in stormwater runoff.
Such surfaces include those which are subject to: vehicular use; industrial activities
(as further defined in the glossary of the Stormwater Manual); storage of erodible or
leachable materials, wastes, or chemicals, and which receive direct rainfall or the
run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, non-
leachable material (e.g., baked-on enamel coating); or roofs that are subject to
venting significant amounts of dusts, mists, or fumes from manufacturing,
commercial, or other indoor activities.
"Pollution-generating pervious surfaces (PGPS)" means any non-impervious
surface subject to vehicular use, industrial activities (as further defined in the
glossary of the Stormwater Manual; or storage of erodible or leachable materials,
wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall,
use of pesticides and fertilizers, or loss of soil. Typical PGPS include permeable
pavement subject to vehicular use, lawns, and landscaped areas including: golf
courses, parks, cemeteries, and sports fields (natural and artificial turf).
"Pre-developed condition" means the native vegetation and soils that existed at a
site prior to the influence of Euro-American settlement. The pre-developed condition
shall be assumed to be a forested land cover unless reasonable, historic information
is provided that indicates the site was prairie prior to settlement.
"Procedure" means a procedure adopted by the utility, by and through the
director, to implement this code, or to carry out other responsibilities as may be
required by this code or other codes, ordinances, or resolutions of the city or other
agencies.
"Property owner" means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in
the subject property or has been authorized by the owner to act on his/her behalf.
"Private system or private stormwater treatment and flow control BMP/facility"
means any element of a storm and surface water system which is not a part of the
public drainage system as defined in this code.
"Public storm and surface water system, or public drainage system" means those
elements of the storm and surface water system:
(1) Located on property owned by the city or in public right-of-way; or
(2) Located on property on which the city has an easement, license or other
right of use for utility purposes.
"Rain garden" means a non-engineered shallow landscaped depression, with
compost-amended native soils and adapted plants. The depression is designed to
pond and temporarily store stormwater runoff from adjacent areas, and to allow
stormwater to pass through the amended soil profile.
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"Receiving waterbody or Receiving waters" means naturally and/or
reconstructed naturally occurring surface water bodies, such as creeks, streams,
rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a
storm and surface water system discharges.
"Redevelopment" means, on a site that is already substantially developed (i.e.,
has 35% or more of existing hard surface coverage), the creation or addition of hard
surfaces; the expansion of a building footprint or addition or replacement of a
structure; structural development including construction, installation, or expansion of
a building or other structure; replacement of hard surface that is not part of a routine
maintenance activity; and land disturbing activities.
"Replaced hard surface" for structures means the removal and replacement of
hard surfaces down to the foundation. For other hard surfaces, it means the removal
down to bare soil or base course and replacement.
"Replaced impervious surface" for structures means the removal and
replacement of impervious surfaces down to the foundation. For other impervious
surfaces, it means the removal down to bare soil or base course and replacement.
"Runoff control BMPs" means best management practices that are intended to
control or manage the rate and/or quantity of stormwater runoff.
"Service charge" means the monthly fee levied by the utility upon all real
property within the boundary of the utility as authorized herein.
"Source control BMPs" means a structure or operation that is intended to
prevent pollutants from coming into contact with stormwater through physical
separation of areas or careful management of activities that are sources of pollutants.
Volume IV of the Stormwater Manual includes two types of source control BMPs.
Structural source control BMPs are physical, structural, or mechanical devices, or
facilities that are intended to prevent pollutants from entering stormwater.
Operational BMPs are non-structural practices that prevent or reduce pollutants from
entering stormwater.
"Storm and surface water system" (also referred to as the drainage system),
means the entire system within the city, both public and private, naturally existing
and manmade, for the drainage, conveyance, detention, treatment or storage of storm
and surface waters. However, facilities directly associated with buildings or
structures such as foundation drains, rockery/retaining wall drains, gutters and
downspouts or groundwater are not considered parts of the storm and surface water
system.
"Stormwater credit manual" a manual detailing procedures and requirements for
receiving credit against the monthly stormwater utility bill through education, proper
installation and maintenance of on-site, private stormwater systems. It is the city's
intent to encourage sound technical design and maintenance practices that reduce the
negative impact of development on the drainage system through a simple but
effective credit system.
ORDINANCE NO. 2015-026 8
"Stormwater management program" (SWMP) is a set of actions and activities
which constitute a work plan for meeting the conditions of the city's NPDES II
Stormwater Discharge Permit and reduce our overall impact on the natural
environment.
"Stormwater manual" means the most current version of the Washington
Department of Ecology Stormwater Management Manual for Western Washington,
as hereby adopted.
"Stormwater manual administrator" is the public works director or their
designee. This person acts on the city's behalf to interpret matters associated with the
stormwater manual and to grant adjustments that are consistent with stormwater
manual objectives.
"Stormwater Treatment and Flow Control BMPs/Facilities" means detention
facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable
pavements that help meet Minimum Requirements #6 (treatment), #7 (flow control),
or both from the SWMMWW.
"Stream" means any channels as defined in AMC 20.88.100. These include
areas where surface waters flow sufficiently to produce a defined channel, bed or
swale where flow may be perennial or intermittent. This definition is not meant to
include ditches constructed to convey: ephemeral stormwater flows; irrigation water;
or other entirely artificial watercourses, unless they are used to convey certain
streams naturally occurring prior to construction.
"Unsafe condition" means any condition on any premises which is a hazard to
public health or safety that does or may impair or impede the operation or
functioning of any portion of the public drainage system or which may cause damage
thereto.
"Utility" means the stormwater utility, within the utilities division of the public
works department of the city of Arlington.
"Utility service area" means that service area defined by the city of Arlington
city limits and as may be expanded through subsequent inter-local agreements,
annexations and special utility district assumptions.
"Waters of the State" includes those waters as defined as "waters of the United
States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington
State and "waters of the state" as defined in chapter 90.48 RCW which includes
lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all
other surface waters and water courses within the jurisdiction of the State of
Washington.
Section 3. Arlington Municipal Code Section 13.28.070 shall be amended to
read as follows:
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13.28.070 -Applicability of the utility.
Any of the following actions or applications for any of the following permits
and/or approvals will require submittal for approval by the utility: site plans, design
drawings, and operations and maintenance plans. Submittals for the following shall
be consistent with the provisions of this code, and shall comply with the stormwater
manual and the engineering standards:
(1) Any modification of an existing drainage system;
(2) Creation of new or additional hard surfaces;
(3) New development;
(4) Redevelopment that creates or alters hard surfaces;
(5) Land disturbing activities, including construction, clearing, grubbing,
grading, filling, excavation or dewatering;
(6) Subdivision approval;
(7) Short subdivision approval;
(8) Commercial, industrial or multi-family site plan approval;
(9) Planned unit development or planned residential development;
(10) Development within or adjacent to critical areas; and
(11) Substantial development permit required under RCW 90.58 (Shoreline
Management Act).
Section 4. Arlington Municipal Code Section 13.28.080 shall be amended to
read as follows:
13.28.080 - Authority of the utility.
The utility, by and through its director, or designee shall have the authority to:
(1)Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to,
procedures pertaining to the billing and collection of monthly service charges
and procedures for periodic adjustment of fees and charges imposed pursuant to
this code and rate structure as defined in AMC 13.12
(2)Prepare and update as needed engineering standards to establish minimum
requirements for the design and construction of drainage facilities and
requirements for protecting existing facilities during construction. The
engineering standards shall be consistent with this code and adopted city
policies.
(3)Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, review, construction, inspection and maintenance
of all new public and private stormwater treatment and flow control
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BMPs/facilities and relating to the regulation of storm and surface water system
alterations.
(4)Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement
of owners constructing facilities (latecomer agreements) and agreements with
private property owners.
(5)Prepare, update, administer and enforce as needed, maintenance standards to
establish minimum requirements for the maintenance of drainage facilities so
they function as intended, protect water quality and provide flow control.
(6)Develop and implement a program that includes administration, inspection,
education, and enforcement of private drainage facilities to ensure continued
compliance of drainage facilities with this code.
(7)Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(8)Implement a comprehensive stormwater plan and revise as needed. Prepare basin
plans and other studies that are approved in the utility's adopted budget.
(9)Develop a stormwater management program, as required by state and/or federal
agencies.
(10) Develop an illicit discharge detection and elimination program, as required
by state and/or federal agencies.
(11) Establish and implement programs to protect and maintain water quality
and to manage stormwater runoff within the storm and surface water system in
order to maintain compliance to the maximum extent practicable with applicable
water quality standards established by state and/or federal agencies as now or
hereafter adopted.
(12) Perform or direct the performance of financial review and analysis of the
utility's revenues, expenses, indebtedness, rates and accounting and recommend
budgets, rates and financial policy for adoption by the city council.
(13) Carry out such other responsibilities as required by this code or other city
codes, ordinances or regulations consistent with the Arlington Comprehensive
Plan.
(14) Terminate utility service, including water and sewer service, to any utility
customer who is violating any provision of this code, to the extent permitted by
law.
(15) Conduct public education programs designed to reduce or eliminate
behaviors and practices that cause or contribute to adverse stormwater impacts
and encourage the public to participate in stewardship activities.
(16) Provide ongoing opportunities for public involvement and participation.
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(17) Develop an underground injection control program to manage stormwater
infiltration systems, as required by state and/or federal agencies.
Section 5. Arlington Municipal Code Section 13.28.090 shall be amended to
read as follows:
13.28.090 - Comprehensive stormwater plan.
A Comprehensive Stormwater Plan was developed by the utility for review and
adoption by the city council and adopted by the City Council in October 2010 . This
plan will be updated in the future as needed. The utility shall recommend
supplements or updated plans for adoption by the city council as needed.
Section 6. Arlington Municipal Code Section 13.28.130(G) shall be amended to
read as follows:
(G) In the case of stormwater treatment and flow control BMPs/facilities, the
facility serves a residential subdivision or short plat, rather than a commercial
property; and
Section 7. Arlington Municipal Code Section 13.28.140 shall be amended to
read as follows:
13.28.140 - Permits—Approvals.
Drainage connection permit.
(1) A drainage connection permit is required to connect to or modify the
public drainage system or modify a private drainage system,
(2) The property owner shall apply for a drainage connection permit whenever
new development or redevelopment involves any of the following:
(A) Detention or other flow control facilities; or
(B) Stormwater treatment facilities, other than spill control structures; or
(C) Work on the public drainage system or within the right-of-way:
(D) Culverts for driveways that can be covered under another permit such as a
grading or right-of-way permit; or
(E) Work on private drainage systems that may or may not be covered under
another permit such as a building or grading permit.
(3) A drainage connection permit application must be made by the property
owner or their licensed and bonded contractor.
(4) Drainage connection permit issuance date will coincide with the site/civil
permit approval date and shall expire eighteen months from the date of issuance,
or as otherwise specified in the engineering standards.
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(5) The utility will accept constructed facilities as complete once the facilities
have been constructed according to the approved plans and specifications, as
confirmed by utility inspectors and as-built drawings along with a final O&M
manual have been completed as specified in the engineering standards; and all
applicable fees and charges have been paid. Ownership of newly constructed
stormwater drainage systems within the public right-of-way or in easements
conveyed to the city shall be transferred to the city through a bill of sale.
(6) Contractors. Contractors shall be licensed in accordance with Washington
State requirements and shall be registered with the city of Arlington.
(7) The city engineer, or their designee, shall administratively determine
submittal requirements for all permits pertaining to stormwater system design and
construction.
(8) When an application for drainage connection, new drainage system, or
drainage modification is required, it shall be the property owner's responsibility to
design all drainage facilities required to serve the property including, but not
limited to, conveyance systems, runoff treatment best management practices,
detention facilities and other system components, in accordance with engineering
standards and the requirements of this code.
Civil permit.
(1)All stormwater review submittals for projects with greater than 2,000 square feet
of new, replaced, or new plus replaced impervious surfaces shall include, in
addition to the information required under any other applicable city code, a
stormwater site plan, as described in the Stormwater Manual.
(2)The City's Community and Economic Development Director or designee shall
review all plans for compliance with this chapter.
(3)The director may administratively, without hearing, approve and issue a Civil
permit when required by the Stormwater Manual if the proposed activity
complies with requirements in this chapter.
(4)Fees. Application, review and inspection fees as set in the City of Arlington Fee
Schedule shall be paid.
Section 8. Arlington Municipal Code Section 13.28.150 shall be amended to
read as follows:
13.28.150 - Engineering and design requirements.
(a)General
(1) Authorities. The stormwater engineering and design requirements of the
city, including but not limited to thresholds, definitions, minimum
requirements, adjustment and variance criteria, and exceptions to these
requirements, shall be governed by the Stormwater Manual, the city of
Arlington Engineering Standards, and all provisions of this code, including
permits issued under Section 13.28.120, and including differences identified
elsewhere in 13.28.130. In the event of conflicts between the various
ORDINANCE NO. 2015-026 13
provisions, the most restrictive provision shall apply. (2) Divergence
from the Stormwater Manual. Design, construction, maintenance, and other
requirements to be applied on projects within the city may differ from the
Stormwater Manual, and may be modified from time to time in order to
meet regulatory requirements or to take advantage of improved technology
or advancements in best available science. All such requirements which
differ from those of the Stormwater Manual shall be clearly identified
within the engineering standards or within permits issued by the city. (3)
Low Impact Development (LID). Nothing in this AMC 13.28 is intended
to preclude the use of non-structural preventative actions and source
reduction approaches as alternatives to the engineering and design
requirements identified herein, and in the stormwater manual and the
Engineering Standards. These measures include LID techniques which
minimize the creation of impervious surfaces and the disturbance of native
soils and vegetation. The city's LID code and procedures shall be specified
in AMC Title 20 - Land Use Code and in the city of Arlington Engineering
Standards.
(b)Thresholds and Minimum Requirements
(1) Applicability
All new and redevelopment projects in Arlington are subject to some or all of
the Minimum Requirements in the Stormwater Manual and summarized in this
section.
New development
All new development shall be required to comply with Minimum Requirement
#2.
The following new development shall comply with Minimum Requirements #1
through #5 for the new and replaced hard surfaces and the land disturbed:
• Results in 2,000 square feet, or greater, of new plus replaced hard surface
area, or
• Has land disturbing activity of 7,000 square feet or greater
The following new development shall comply with Minimum Requirements #1
through #9 for the new and replaced hard surfaces and the converted vegetation
areas:
• Results in 5,000 square feet, or greater, of new plus replaced hard surface
area, or
• Converts 3/4 acres, or more, of vegetation to lawn or landscaped areas, or
• Converts 2.5 acres, or more, of native vegetation to pasture.
Redevelopment
ORDINANCE NO. 2015-026 14
All redevelopment shall be required to comply with Minimum Requirement#2.
The following redevelopment shall comply with Minimum Requirements #1
through#5 for the new and replaced hard surfaces and the land disturbed:
• Results in 2,000 square feet, or greater, of new plus replaced hard surface
area, or
• Has land disturbing activity of 7,000 square feet or greater
The following redevelopment shall comply with Minimum Requirements #1
through #9 for the new and replaced hard surfaces and the converted vegetation
areas:
• Results in 5,000 square feet, or greater, of new hard surfaces, or
• Converts 3/4 acres, or more, of vegetation to lawn or landscaped areas, or
• Converts 2.5 acres, or more, of native vegetation to pasture.
(2) Minimum Requirements
This section describes the Minimum Requirements for stormwater management
for new development and redevelopment projects which meet the thresholds
summarized in 13.28.150(b)(1).
Minimum Requirement#1: Preparation of Stormwater Site Plans
The project proponent shall prepare a Stormwater Site Plan in accordance with
Chapter 3 of Volume I of the Stormwater Manual. The Stormwater Site Plan shall be
designed by or under the direction of a civil engineer licensed to practice in
Washington State. The Stormwater Site Plan is a comprehensive report that contains
all of the technical information and analysis necessary for the City to evaluate a
proposed new development or redevelopment for compliance with stormwater
requirements.
Minimum Requirement#2: Construction Stormwater Pollution Prevention Plan
(SWPPP)
All new development and redevelopment projects are responsible for preventing
erosion and discharge of sediment and other pollutants into receiving waters.
Projects which result in 2,000 square feet or more of new plus replaced hard surface
area, or which disturb 7,000 square feet or more of land must prepare a Construction
SWPPP as part of the Stormwater Site Plan (see Minimum Requirement 1) in
accordance with Chapter 2 of Volume I of the Stormwater Manual.
Projects that result in less than 2,000 square feet of new plus replaced hard surface
area, or disturb less than 7,000 square feet of land are not required to prepare a
Construction SWPPP, but must consider all of the 13 Elements of Construction
Stormwater Pollution Prevention and develop controls for all elements that pertain to
the project.
ORDINANCE NO. 2015-026 15
The 13 Elements are listed below.
(1) Preserve Vegetation/Mark Clearing Limits
(2) Establish Construction Access
(3) Control Flow Rates
(4) Install Sediment Controls
(5) Stabilize Soils
(6) Protect Slopes
(7) Protect Drain Inlets
(8) Stabilize Channels and Outlets
(9) Control Pollutants
(10) Control De-Watering
(11) Maintain BMPs
(12) Manage the Project
(13) Protect Low Impact Development BMPs
Minimum Requirement#3: Source Control of Pollution
All known, available and reasonable source control BMPs must be applied to all
projects meeting the thresholds in this section. Source control BMPs must be
selected, designed, and maintained in accordance with Volume IV of the Stormwater
Manual.
Minimum Requirement#4: Preservation of Natural Drainage Systems and
Outfalls
Natural drainage patterns shall be maintained, and discharges from the project site
shall occur at the natural location, to the maximum extent practicable. The manner
by which runoff is discharged from the project site must not cause a significant
adverse impact to downstream receiving waters and downgradient properties. All
outfalls require energy dissipation.
Minimum Requirement#5: On-site Stormwater Management
Projects shall employ On-site Stormwater Management BMPs in accordance with
the following projects thresholds, standards, and lists to infiltrate, disperse, and retain
stormwater runoff on-site to the extent feasible without causing flooding or erosion
impacts.
Projects qualifying as flow control exempt in accordance with Chapter 2 of Volume I
of the Stormwater Manual do not have to achieve the LID performance standard, nor
consider bioretention, rain gardens, permeable pavement, and full dispersion if using
ORDINANCE NO. 2015-026 16
List#1 or List#2. However, those projects must implement BMP T5.13; BMPs
T5.1 OA, B, or C; and BMP T5.11 or T5.12 from the Stormwater Manual, if feasible.
Projects triggering only Minimum Requirements #1 through#5 shall either:
(1) Use On-site Stormwater Management BMPs from List#1 for all surfaces
within each type of surface in List#1; or
(2) Demonstrate compliance with the LID Performance Standard. Projects
selecting this option cannot use Rain Gardens. They may choose to use
Bioretention BMPs as described in Chapter 7 of Volume V of the Stormwater
Manual to achieve the LID Performance Standard.
Projects triggering Minimum Requirements#1 through 49, must meet the
requirements in Table 13.28-1.
Table 13.28-1. On-site Stormwater Management Requirements for Projects
Triggering Minimum Requirements #1 - #9
Project Type and Location Requirement
New development on any parcel inside the Low Impact Development Performance
UGA, or new development outside the Standard and BMP T5.13; or List#2
UGA on a parcel less than 5 acres (applicant option).
New development outside the UGA on a Low Impact Development Performance
parcel of 5 acres or larger Standard and BMP T5.13.
Redevelopment on any parcel inside the Low Impact Development Performance
UGA, or redevelopment outside the UGA Standard and BMP T5.13; or List#2
on a parcel less than 5 acres (applicant option).
Redevelopment outside the UGA on a Low Impact Development Performance
parcel of 5 acres or larger Standard and BMP T5.13.
List#1: On-site Stormwater Management BMPs for Projects Triggering Minimum
Requirements #1 through#5
For each surface, consider the BMPs in the order listed for that type of surface
(Table 13.28-2). Use the first BMP that is considered feasible. No other On-site
Stormwater Management BMP is necessary for that surface. Feasibility shall be
determined by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each BMP in the
Stormwater Manual; and
2. Competing Needs Criteria listed in Chapter 5 of Volume V of the Stormwater
Manual.
ORDINANCE NO. 2015-026 17
Table 13.28-2. On-site Stormwater Management List#1
Surface Type BMPs
Lawn and landscaped Post-Construction Soil Quality and Depth in accordance
areas with BMP T5.13 in Chapter 5 of Volume V of the
Stormwater Manual
Roofs 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual, or Downspout
Full Infiltration Systems in accordance with BMP T5.I OA in
Section 3.1.1 of Volume III of the Stormwater Manual,
2. Rain Gardens in accordance with BMP T5.14A in Chapter
5 of Volume V, or Bioretention in accordance with Chapter
7 of Volume V of the Stormwater Manual. The rain garden
or bioretention facility must have a minimum horizontal
projected surface area below the overflow which is at least
5% of the area draining to it.
3. Downspout Dispersion Systems in accordance with BMP
T5.1 OB in Section 3.1.2 of Volume III of the Stormwater
Manual.
4. Perforated Stub-out Connections in accordance with BMP
T5.1 OC in Section 3.1.3 of Volume III of the Stormwater
Manual.
Other Hard Surfaces 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual.
2. Permeable pavement in accordance with BMP T5.15 in
Chapter 5 of Volume V of the Stormwater Manual, or Rain
Gardens in accordance with BMP T5.14A in Chapter 5 of
Volume V, or Bioretention in accordance with Chapter 7 of
Volume V of the Stormwater Manual. The rain garden or
bioretention facility must have a minimum horizontal
projected surface area below the overflow which is at least
5% of the area draining to it.
3. Sheet Flow Dispersion in accordance with BMP T5.12, or
Concentrated Flow Dispersion in accordance with BMP
T5.11 in Chapter 5 of Volume V of the Stormwater Manual.
ORDINANCE NO. 2015-026 18
List#2: On-site Stormwater Management BMPs for Projects Triggering Minimum
Requirements #1 through #9
For each surface, consider the BMPs in the order listed for that type of surface
(Table 13.28-3). Use the first BMP that is considered feasible. No other On-site
Stormwater Management BMP is necessary for that surface. Feasibility shall be
determined by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each BMP in the
Stormwater Manual; and
2. Competing Needs Criteria listed in Chapter 5 of Volume V of the Stormwater
Manual.
Table 13.28-3. On-site Stormwater Management List#2
Surface Type BMPs
Lawn and landscaped Post-Construction Soil Quality and Depth in accordance
areas with BMP T5.13 in Chapter 5 of Volume V of the
Stormwater Manual
Roofs 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual, or Downspout
Full Infiltration Systems in accordance with BMP T5.I OA in
Section 3.1.1 of Volume III of the Stormwater Manual.
2. Bioretention in accordance with Chapter 7 of Volume V
of the Stormwater Manual. The bioretention facility must
have a minimum horizontally projected surface area below
the overflow which is at least 5% of the total surface area
draining to it.
3. Downspout Dispersion Systems in accordance with BMP
T5.1 OB in Section 3.1.2 of Volume III of the Stormwater
Manual.
4. Perforated Stub-out Connections in accordance with BMP
T5.1 OC in Section 3.1.3 of Volume III of the Stormwater
Manual.
Other Hard Surfaces 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual.
2. Permeable pavement in accordance with BMP T5.15 in
Chapter 5 of Volume V of the Stormwater Manual.
3. Bioretention in accordance with Chapter 7 of Volume V
ORDINANCE NO. 2015-026 19
of the Stormwater Manual. The bioretention facility must
have a minimum horizontal projected surface area below the
overflow which is at least 5% of the area draining to it.
3. Sheet Flow Dispersion in accordance with BMP T5.12, or
Concentrated Flow Dispersion in accordance with BMP
T5.11 in Chapter 5 of Volume V of the Stormwater Manual.
Minimum Requirement #6: Runoff Treatment
Project thresholds for the construction of stormwater treatment facilities are
presented in Table 13.28-4 and include:
• Projects in which the total of effective, pollution-generating impervious
surface (PGIS) is 5,000 square feet or more in a threshold discharge area of
the project, or
• Projects in which the total of pollution-generating pervious surfaces
(PGPS) is three-quarters (3/4) of an acre or more in a threshold discharge
area, and from which there is a surface discharge in a natural or man-made
conveyance system from the site.
Table 13.28-4. Treatment Requirements by Threshold Discharge Area
<3/4 acres of >3/4 acres <5,000 sf > 5,000 sf
PGPS PGPS PGIS PGIS
Treatment Facility X X
On-site Stormwater X X X X
BMPs
Stormwater treatment facilities shall be:
• Selected in accordance with the process identified in Chapter 4 of Volume
I and Chapter 2 of Volume V of the Stormwater Manual
• Designed in accordance with the design criteria in Volume V of the
Stormwater Manual, and
• Maintained in accordance with the maintenance schedule in Volume V of
the Stormwater Manual
Minimum Requirement#7: Flow Control
Project thresholds for the construction of flow control facilities and/or on-site
stormwater management (Minimum Requirement#5) BMPs to achieve the flow
control requirement are shown in Table 13-28-5.
ORDINANCE NO. 2015-026 20
Table 13.28-5. Flow Control and On-site Stormwater Management
Requirements by Threshold Discharge Area
Flow Control Facilities On-site Stormwater
Management BMPs
<3/4 acres conversion to X
lawn/landscape, or<2.5 acres to
pasture
> 3/4 acres conversion to X X
lawn/landscape, or> 2.5 acres to
pasture
< 10,000 square feet of effective X
impervious area
> 10,000 square feet of effective X X
impervious area
> 0.1 cubic feet per second increase in X X
the 100-year flood frequency (O
(1) Estimated using the Western Washington Hydrology Model or other
approved model.
Flow Control BMPs shall be selected, designed, and maintained in accordance with
Volume III of the Stormwater Manual.
Minimum Requirement#8: Wetlands Protection
All projects discharging into a wetland or its buffer, either directly or indirectly
through a drainage system, shall prevent impacts to wetlands that would result in a
net loss of functions or values. Projects shall comply with the requirements in the
Stormwater Manual.
Minimum Requirement#9: Operation and Maintenance
An operation and maintenance (O&M manual) is required for proposed stormwater
treatment and flow control facilities/BMPs (designed to meet Minimum
Requirements #6 and/or#7). The O&M Manual should be consistent with the
provisions in Volume V of the Stormwater Manual.
Section 9. Arlington Municipal Code Section 13.28.170(b)(1) shall be amended
to read as follows:
ORDINANCE NO. 2015-026 21
If the utility requires a property owner to upsize a stormwater treatment and/or
flow control BMP/facility, the utility will compensate the property owner for the
difference in material cost between the normally sized facility and the upsized
facility, based on the lowest of three bids furnished by the property owner from
reputable licensed contractors. Upsizing means the difference between the city's
minimum design standards, as defined in the engineering standards, and the
required facility size.
Section 10. Arlington Municipal Code Section 13.28.190(b) shall be amended to
read as follows:
(b) Requirements. All of the following requirements shall be met before the
city will accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The proposed easement shall be compatible with utility clearance
standards and setback standards and with other utilities or easements; and
(3) The easement shall provide the city with access to the facility for
inspection, repair, and maintenance; and
(4) The easement shall prohibit all structures within the easement except those
which can readily be removed by the structure's owner at the owner's
expense when access to the stormwater treatment and flow control
BMP/facility is required by the utility. If such structures are within the
easement area, an agreement to remove the structures on request by the
utility, approved by the city, shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the utility from performing
necessary maintenance, repair, or replacement work on the utility located
within the easement. The utility may request the land owners upon whose
property the easement crosses to remove select vegetation and landscape. If
the land owners upon whose property the easement crosses fail to comply
with the request to remove vegetation and landscaping, the utility may
remove the landscaping with city employees or a licensed contractor at the
owner's expense.
(6) The easement dimensions and other requirements shall conform to the
engineering standards. The easement must be recorded prior to final
approval of the project.
(7) New easements will not be granted through areas that already have a
critical area protection easement, or other areas already identified as
vegetated buffers.
ORDINANCE NO. 2015-026 22
Section 11. Arlington Municipal Code Section 13.28.200 shall be amended to
read as follows:
13.28.200 - Construction requirements.
(a)General. When constructing or modifying drainage facilities, compliance is
required with this code, the engineering standards, the approved site/civil
permit, plans and specifications, the terms of any drainage connection permit,
the recommendations of the manufacturer of the materials or equipment used,
and any applicable local, state or federal requirements.
(b)Safety Requirements. Utility staff will perform inspections only if shoring and
other site conditions conform to WISHA safety standards and other safety
requirements, as applicable.
(c)Failure to Complete Work or Meet Requirements.
(1) The utility may complete public stormwater treatment and flow control
BMP/facility construction begun by a property owner or contractor, or take
steps to restore the site (such as backfilling trenches and restoring the public
right of way) if the work does not meet utility requirements, the contractor
or person doing the work fails to rectify the problem following notification
by the utility, and the work, in the opinion of the utility, constitutes a hazard
to public safety, health or the drainage system.
(2) Utility costs incurred pursuant to Subsection (c)(1) of this section shall be
calculated pursuant to AMC 13,28.170 and charged to the owner or
contractor in charge of such work. The permittee shall pay the utility
immediately after written notification is delivered to the responsible parties
or is posted at the location of the work. Such costs shall constitute a civil
debt owed to the utility jointly and severally by such persons who have been
given notice as herein provided. The debt shall be collectable in the same
manner as any other civil debt owing the utility. In addition, if an assurance
device was collected for the project, the city may collect the debt from the
assurance device.
(3) If in the opinion of the director, the work being performed is not in
accordance with these codes or the engineering standards and the permittee
is unwilling to change or correct the deficiencies, the director may issue a
stop work order until the deficiencies are corrected.
(d)Authorized Drainage Construction. Only the following persons are authorized to
install drainage facilities:
(1) Contractors licensed in accordance with AMC 13.28.120(f).
(2) Property owners working on their own property.
(e)Posting of Drainage Connection Permit. If a drainage connection permit is
required for the work, the permit shall be readily available at the job site to
utility inspectors.
ORDINANCE NO. 2015-026 23
(f)Location of Connection. Connection to the drainage system shall be made at a
point approved by the utility.
(g)As-Built Drawings and O&M Manual. An as-built plan shall be completed
according to the requirements in the engineering standards and filed with the
utility prior to the city's acceptance of the improvements or final approval by the
utility inspectors. An O&M manual is required for all projects that trigger
Minimum Requirement #6 and/or Minimum Requirement #7. The final O&M
manual shall be submitted that reflects any changes to the drainage system
between permitting and final construction approval.
Section 12. Arlington Municipal Code Section 13.28.210 shall be amended to
read as follows:
13.28.210 - Construction and warranty inspections and tests.
(a)Construction/Installation Inspection. All projects involving construction of new
drainage facilities, or connection or modification to existing drainage facilities
are subject to utility inspection to ensure compliance with the approved
stormwater site plan, code, engineering standards, and permit/approval
conditions. As a condition of permit issuance, the applicant shall consent to
inspection and testing. Stages of work requiring inspection include (but are not
limited to) prior to clearing and construction, during construction, and
completion of construction and prior to final approval or occupancy. The
drainage system shall be installed concurrently with site development and shall
be completed as shown on the approved plan before city approval of an
occupancy permit or final inspection.
(b)Warranty Inspections and Tests. Public facilities and equipment accepted by the
utility under specific warranties may be re-inspected at the utility's discretion
and, if necessary, retested prior to the expiration of the warranty period.
(c) Inspection Records. Records of all inspection and enforcement actions shall be
maintained by the director, including inspection reports, warning letters, notices
of violations, and other enforcement records.
Section 13. Arlington Municipal Code Section 13.28.220 shall be amended to
read as follows:
13.28.220 Inspection and Maintenance of stormwater BMPs/facilities.
(a) Maintenance Responsibility.
(1) The utility is responsible for maintaining, repairing, and replacing public
drainage facilities.
ORDINANCE NO. 2015-026 24
(2) Owners of private drainage facilities, including but not limited to
detention facilities, runoff treatment facilities and conveyance facilities, are
responsible for the operation, maintenance, repair, and replacement of those
facilities.
(3) In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the recorded subdivision or short
plat.
(4) If a private stormwater treatment and flow control BMP/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 properties served by the facility, or finally, with the
owners of the property on which the facilities are located.
(b) Inspection and Maintenance Standards. Drainage facilities shall be
maintained so that they operate as intended. Stormwater maintenance standards
shall be in accordance with the Stormwater Manual, the engineering standards,
and in accordance with the O&M manual approved for the stormwater
treatment and flow control BMP/facility.
(c) Ongoing Inspections. The regular inspection of privately owned storm
drainage facilities or controls is essential to enable the city to evaluate the proper
operation of the storm and surface water system and the environment. The city
shall have access to private stormwater facilities for inspection to ensure they
are properly operated and maintained in accordance with the Stormwater
Manual per AMC Section 13.28.080. Annual inspections will be conducted by
city staff on all stormwater treatment and flow control BMPs/facilities that
discharge to the storm and surface water system that have been built since the
date listed in the city's current NPDES II permit, unless available maintenance
records can be used to justify a reduced inspection frequency.
(e)When an inspection identifies an exceedance of the maintenance standard,
maintenance shall be performed:
(1) Within one year for typical maintenance of facilities, except catch basins.
(2) Within six months for catch basins.
(3) Within two years for maintenance that requires capital construction less
than $25,000.
(f) Records for Maintenance and Inspection of Private Facilities. The owner shall
maintain records of inspection and maintenance, disposal receipts, and monitoring
results. The records shall catalog the action taken, the person who took it, the date
said action was taken, how it was done, results of any monitoring effort, and any
problems encountered or follow-up actions required. The records shall be made
available to the city upon request. The owner shall maintain a copy of the O&M
Manual (if required) on site, and shall make reference to such document in real
ORDINANCE NO. 2015-026 25
property records filed with Snohomish County, so others who acquire real property
served by the privately owned storm drainage facilities or controls are notified of
their obligation to maintain such facilities or controls.
Section 14. Arlington Municipal Code Section 13.28.230 shall be amended to
read as follows:
13.28.230 - Discharge of polluting matter.
(a)Discharge of Polluting Matter Prohibited. No person shall discharge, either
directly or indirectly, any organic or inorganic matter into the storm and surface
water system that may cause or tend to cause water pollution, including, but not
limited to, the following:
(1) Petroleum products including but not limited to oil, gasoline, grease, fuel
oil and heating oil;
(2) Trash or debris;
(3) Pet wastes;
(4) Chemicals;
(5) Paints, stains, resins, lacquers, or varnishes;
(6) Steam cleaning wastes;
(7) Washing of fresh concrete for cleaning and/or finishing purposes or to
expose aggregates;
(8) Wash water runoff from streets, sidewalks, and building exteriors;
(9) Laundry wastes;
(10) Soaps, detergents, or ammonia;
(11) Pesticides, herbicides, or fertilizers;
(12) Sanitary sewage;
(13) Heated water;
(14) Chlorinated water or chlorine;
(15) Degreasers and/or solvents;
(16) Bark and other fibrous material;
(17) Antifreeze or other automotive products;
(18) Lawn clippings, leaves, or branches;
(19) Non-native invasive plants or seeds;
(20) Animal carcasses or aquarium pets;
(21) Sediment, silt, or gravel;
ORDINANCE NO. 2015-026 26
(22) Acids, alkalis, or bases;
(23) Recreational vehicle wastes;
(24) Dyes (without prior permission of the drainage utility);
(25) Construction materials;
(26) Food waste;
(27) Lawn watering and other irrigation runoff,
(28) Swimming pool, spa, and hot tub discharges (unless meeting the
conditions in Subsection (b) of this section);
(29) Runoff from dust control efforts.
(b)Swimming pool, spa, and hot tub discharges shall be allowed where discharges
are de-chlorinated to a total residual chlorine concentration of 0.1 part per
million (ppm) or less, pH-adjusted and re-oxygenated, if necessary, and
volumetrically and velocity controlled to prevent re-suspension of sediments in
the storm and surface water system. Discharges shall be thermally controlled to
prevent an increase in temperature of the receiving water. Swimming pool
cleaning wastewater and filter backwash shall not be discharged to the storm and
surface water system.
(c)Discharges from potable water sources, including water from water line flushing,
hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline
hydrostatic test water, shall be allowed. Planned discharges shall be de-
chlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-
adjusted, if necessary and in volumes and velocities controlled to prevent re-
suspension of sediments in the storm and surface water system.
(d)Pavement Washing Prohibited. In addition to the prohibitions of Subsection (a) of
this section, washing of public or private streets, sidewalks, and parking areas is
not permitted unless all of the following conditions are met:
(1) No other feasible alternative exists to remove the undesirable material; and
(2) Prior written approval is obtained from the director; and
(3) Facilities are provided to collect and treat the wash water runoff and
affected drainage facilities are cleaned.
(e)Discharge of Pollutants—Liability for Expenses Incurred by the Utility. Any
person responsible for pollutant discharge into the storm and surface water
system who fails to immediately collect, remove, contain, treat or disperse such
pollutant materials at the director's request shall be responsible for the necessary
expenses incurred by the city in carrying out any pollutant abatement
procedures, including the collection, removal, containment, treatment or
disposal of such materials.
ORDINANCE NO. 2015-026 27
(f) Source Control BMPs. To prevent discharge of polluting matter into the storm
and surface water system, source controls shall be applied in accordance with
the maintenance standards for public and private systems as per AMC
13.28.220(b).
Section 15. Arlington Municipal Code Section 13.28.270(c) shall be amended to
read as follows:
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the
review and adoption of the annual budget. Rate adjustments shall be
recommended by the director as needed to meet revenue requirements of the
utility. The recommendation shall consider equity, adequacy, costs, NPDES
II requirements and other factors allowed by law.
Section 16. Arlington Municipal Code Section 13.28.280(a) shall be amended to
read as follows:
(a) Voluntary Correction. In the event a property owner or contractor violates
any of the provisions of this code, the Stormwater Manual, or the engineering
standards, city staff shall work with the violator to voluntarily correct the
situation and comply with these conditions. Education and cooperative
problem solving shall govern the city's response during this period.
Section 17. Severability. Should any section, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 18. Effective Date. The title of this ordinance which summarizes the
contents shall be published in the official newspaper of the City. The ordinance shall
take effect and be in full force five (5) days after the date of publication.
PA SED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF
ON THE W..DAY OF _fV{'n(0 V , 2015.
CITY OF ARLINGTON, WASHINGTON
Barbara Tolbert, Mayor
ORDINANCE NO. 2015-026 28
ATTE S PAUTHENTI C ATED:
4� r
ris 'n Banfield, City Clerk
APPROVED AS TO FORM:
Ste en J. ' e, y Attorney
ORDINANCE NO. 2015-026 29
CERTIFICATION OF ORDINANCE
1, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2015-
026 was approved at the October 19, 2015 City Council meeting.
ORDINANCE NO. 2015-026
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 13.28 OF THE ARLINGTON MUNICIPAL
CODE RELATING TO LOW IMPACT DEVELOPMENT (LID)
STANDARDS"
A true and correct copy of the original ordinance is attached.
Dated this 20th day of October, 2015.
Kristin B ield
City Clerk for the City of Arlington
i