The City of Everett has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Everett is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Everett will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Everett, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Everett has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
The city council finds that this chapter is necessary in order to promote sound development guidelines and construction procedures which respect and preserve the city’s water resources; to minimize water quality degradation and control the sedimentation of creeks, streams, ponds, lakes and other water bodies; to protect property owners adjacent to developing and developed land from increased runoff rates which could cause erosion of abutting property; to protect downstream owners; to preserve and enhance the suitability of waters for contact recreation and fishing; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable groundwater resources; to minimize adverse effects of alterations in groundwater quantities, locations, and flow patterns; to provide for the safety of city roads and rights-of-way; to decrease drainage-related damage to public and private property; and to comply with requirements in the Phase II National Pollutant Discharge Elimination System stormwater permit as issued by the Washington State Department of Ecology. (Ord. 3168-10 § 1, 2010: Ord. 2196-97 § 1, 1997: Ord. 2182-96 § 1, 1996)
14.28.030 New development and redevelopment—Applicability.
A. All new development shall be required to comply with Minimum Requirement No. 2.
B. The following new development shall comply with Minimum Requirement Nos. 1 through 5 for the new and replaced hard surfaces and the land disturbed:
C. The following new development shall comply with Minimum Requirement Nos. 1 through 9 for the new and replaced hard surfaces and converted vegetation areas:
A. All redevelopment shall be required to comply with Minimum Requirement No. 2.
B. The following redevelopment shall comply with Minimum Requirement Nos. 1 through 5 for the new and replaced hard surfaces and the land disturbed:
C. The following redevelopment shall comply with Minimum Requirement Nos. 1 through 9 for the new hard surfaces and the converted vegetation areas:
Converts two and one-half acres, or more, of native vegetation to pasture. (Ord. 3528-16 § 3 (part), 2016)
14.28.040 Additional requirements for redevelopment sites.
A. For road-related projects, runoff from the replaced and new hard surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetated areas shall meet all minimum requirements if the new hard surfaces total five thousand square feet or more and total fifty percent or more of the existing hard surfaces within the project limits. The project limits shall be defined as the length of the project and the width of the right-of-way.
B. Other types of redevelopment projects shall comply with all the Minimum Requirement Nos. 1 through 9 for the new and replaced hard surfaces and the converted vegetated areas if the total of the new plus replaced hard surface is five thousand square feet or more and the valuation of the proposed improvements, including interior improvements, exceeds fifty percent of the assessed value of the existing site improvements. (Ord. 3528-16 § 3 (part), 2016: Ord. 3168-10 § 3 (part), 2010)
14.28.060 Minimum technical requirements.
A. Minimum Requirement No. 1—Stormwater Site Plan Preparation. A stormwater site plan (SSP) shall be prepared for city review and approval. Stormwater site plans shall be prepared in accordance with the city’s stormwater management manual.
B. Minimum Requirement No. 2—Construction Stormwater Pollution Prevention. All new development and redevelopment projects are responsible for preventing erosion and discharge of sediment and other pollutants into receiving waters. Construction stormwater pollution prevention shall be provided in accordance with the city’s stormwater management manual.
C. Minimum Requirement No. 3—Source Control of Pollution. All known, available and reasonable source control BMPs shall be applied to the project site. Source control BMPs shall be selected, designed, and maintained according to Volume IV of the city’s stormwater management manual.
D. Minimum Requirement No. 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/or down-gradient properties.
E. Minimum Requirement No. 5—On-Site Stormwater Management. On-site stormwater management BMPs shall be provided to infiltrate, retain, and disperse stormwater runoff on site to the maximum extent feasible without causing flooding or erosion impacts. On-site stormwater management shall be provided in accordance with the city of Everett’s stormwater management manual.
F. Minimum Requirement No. 6—Runoff Treatment. The following projects require design and construction of stormwater treatment facilities in accordance with the city’s stormwater management manual:
G. Minimum Requirement No. 7—Flow Control. The following projects that discharge stormwater directly or indirectly through a conveyance system into fresh water require construction of flow control facilities and/or land use management BMPs in accordance with the city of Everett’s stormwater management manual.
H. Minimum Requirement No. 8—Wetlands Protection. Projects that discharge stormwater into a wetland, either directly or indirectly through a conveyance system, shall do so in accordance with the city of Everett stormwater management manual.
I. Minimum Requirement No. 9—Operation and Maintenance. A maintenance plan is required for all stormwater facilities and BMPs designed and constructed in accordance with this chapter. The maintenance plan shall be developed in accordance with the city of Everett stormwater management manual. (Ord. 3168-10 § 3 (part), 2010)
14.28.430 City assumption of operation and maintenance.
The city may assume the operation and maintenance of retention/detention or other drainage treatment/abatement facilities after the expiration of the two-year operation and maintenance period in connection with the subdivision of land if:
A. All of the requirements of Section 14.28.420 have been fully complied with; and
B. The facilities have been inspected and accepted by the utility department after two years of operation in accordance with the city of Everett stormwater management manual; and
C. All necessary easements entitling the city to properly maintain the facility have been conveyed to the city and recorded with the Snohomish County auditor; and
D. The warranty bond required in Section 14.28.420(D) has been extended for one year, covering the city’s first year of operation and maintenance; and
E. The developer has supplied to the city an accounting of capital, construction, and operation and maintenance expenses or other items for the drainage facilities up to the end of the two-year period.
In the event that the city elects not to assume the operation and maintenance responsibility for the facilities, it will be the responsibility of the developer to make arrangements with the occupants or owners of the subject property for assumption of maintenance in a manner subject to the approval of the city engineer or in accordance with the city of Everett stormwater management manual. Such arrangements shall be completed and approved prior to the end of the two-year period of developer responsibility.
If the city elects not to assume operation and maintenance responsibility, the drainage facilities shall be operated and maintained in accordance with the arrangements as approved by the city engineer. The city may inspect the facilities in order to ensure continued use of the facilities for the purposes for which they were built and in accordance with these arrangements. (Ord. 3168-10 § 8, 2010: Ord. 2196-97 § 8, 1997: Ord. 2182-96 § 8, 1996)
A. The city reserves the right to enter the subject property from time to time to ascertain that all drainage facilities are functioning. In the event deficiencies are found, the property owner shall make minor corrections as are necessary within thirty days of the date of notice by the city. More substantive corrections, as determined by the city, will be completed on a negotiated time schedule, but in no event will the schedule extend past six months.
B. Any person or persons violating this chapter or rule or regulation adopted hereunder, or by any act of commission or omission procures, aids, or abets such violation, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars and/or imprisonment for a term not to exceed ninety days. Each day such violation continues shall be considered an additional misdemeanor offense.
C. Any condition which constitutes or will constitute a violation of any of the provisions of this chapter or rules or regulations adopted hereunder shall constitute a nuisance for which the city may seek legal or equitable relief to enjoin any acts or practices or abate any said conditions. In the event the property owner shall fail to make corrections within thirty days of the date of notice by the city, or on a timetable established by the city, not to exceed six months, the city may revoke the right to occupancy of the subject property, may charge the property owner with a misdemeanor punishable by fines, and may enter onto the subject property and take such corrective action as may be required to make the drainage facilities perform as required by the approved drainage plan. All costs for corrective measures and enforcement actions shall be borne by the property owner.
D. Notwithstanding any other provision of this chapter, whenever the city engineer finds that a violation of this chapter or rules or regulations adopted hereunder has created or is creating an unsanitary, dangerous, or other condition which, in his judgment, constitutes an immediate hazard, he may suspend or revoke any permit for which the approval of a drainage plan is required on the project or development where the violation exists and suspend or terminate operations under the permit immediately.
Any person causing material to be discharged to or enter the drainage system of the city shall be liable for all costs incurred by the city or others in cleaning up or correcting said action and may be charged with a misdemeanor punishable by fines.
E. Penalty or enforcement provisions provided herein shall not be exclusive, and the city may pursue any remedy or relief deemed appropriate.
The city council may institute a suit for a mandatory injunction directing a person to remove a structure or make the same comply with its terms. If the city council is successful in its suit, the respondent shall bear the costs of the action, including reasonable attorney fees.
The failure or refusal of the city to enforce any provision of this chapter, and as hereafter amended, shall not constitute a waiver or bar to prevent enforcement thereof against any person for a subsequent violation hereof, or for any other violation by any other person. (Ord. 3168-10 § 11, 2010: Ord. 2196-97 § 11, 1997: Ord. 2182-96 § 11, 1996)
Effective December 31, 2016, the City of Everett Stormwater Management Manual shall be the most recent Washington State Department of Ecology Stormwater Management Manual for Western Washington. View the State of Washington Department of Ecology’s webpage, 2014 Stormwater Management Manual for Western Washington.
I-2.5.9 Minimum Requirement #9: Operation and Maintenance
An operation and maintenance manual that is consistent with the provisions in Volume V (p.765) shall be provided for proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. At private facilities, a copy of the operation and maintenance manual shall be retained on-site or within reasonable access to the site, and shall be transferred with the property to the new owner. For public facilities, a copy of the operation and maintenance manual shall be retained in the appropriate department. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection by the local government.
City of Everett Municipal code- ch. 14.28 surface and storm drainage