LUTC PKT 10-18-1999
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City of Fcderal Way
City Council
Land Userrransportation Committee
October 18, 1999
5:30 pm
City Hall
Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2, APPROV AL OF MINUTES
3. PUBLIC COMMENT (3 minutes)
4. COMMISSION COMMENT
5. BUSINESS ITEMS
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(Y Action
A.
SWManagementJDepartment of Ecology
Ordinance & Manual Package
B.
South 320th Street 10% Annexation Petition
Action
c.
Signs with Street Improvement Areas
Action
D.
EnglIsh Creek Maintenance Contract /11:+ I A
Final Acceptance V'-"~
Action
6,
FUTURE MEETING AGENDA ITEMS
Open Cut of ROW vs Boring
Endangered Species Act Update
Minor Sign Code Amendment
7,
ADJOURN
Pratt/60 mill
Michaelsonl15 min
McClung/30 min
Pratt/5 mill
Committee Members:
Phil Watkins, Chair
Jeanne Burbidge
Mary Gates
City Staff:
Stephen Clifton, Director, Community Development Services
Sandy Lyle, Administrative Assistant
253.661.4116
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SUMMARY
In attendance: Committee members Jeanne Burbidge and Mary Gates; Council Member Linda Kochmar; Director of
Community Development Services Stephen Clifton; Public Works Director Cary Roe; Assistant City Attorney Bob Sterbank;
Deputy Director of Community Development Services Kathy McClung; Administrative Assistant Sandy Lyle.
1. CALL TO ORDER
The meeting was called to order at 5:30pm by Committee Member Mary Gates,
2. APPROVAL OF MINUTES
The minutes of the September 14, 1999, meeting were approved as presented.
3. PUBLIC COMMENT
There was no public comment on any item not included in the agenda.
4,
COMMISSION COMMENT
There was no additional comment from any of the City Commissions.
5.
BUSINESS ITEMS
A. Sensitive Areas Code Amendment - Kim Harper, Principal Wetlands Biologist at Sheldon & Associates, presented
recommended amendments defining wetlands and associated setbacks. The significant change in the code added
three classes of wetlands and listed characteristics of each type. The Committee discussed the changes and asked
questions regarding some of the early stricter regulations, which, once revised, may provide options for property
owners to develop or sell their land, Ed Mase, Maynard "Doc" Campbell, Dave Kaplan and Peter Townsend spoke
abou~ their concerns regarding the City's regulation of wetlands. Following discussion, the Committee mls/c
recommendation of approval to the City Council at their October 19, 1999, meeting.
B, EnterinJ! Federal Wav Entrv Signs - Earlier this year, a project group from the 1998-1999 Advancing Leadership
class proposed that the City install new signs to demarcate the City limits and replace the current Entering Federal
Way signs located on 16 arterials, The group presented two designs to the City Council's Finance, Economic
Development & Regional Affairs Committee (FEDRAC). The Committee endorsed the project in concept and asked
staff to work with the Advancing Leadership group to develop criteria and alternate designs for consideration. The
resulting criteria and designs were reviewed by the community at a forum in July. A preferred design was'
forwarded to the Arts Commission with three variations. The fmal design choice of the Arts Commission was
presented to the Land Use Committee which mls/c recommendation of approval to the City Council at the October
19, 1999, meeting. The signs will be manufactured and installed using existing funds.
6.
OTHER
Staff is working to assist City businesses to amortize non-conforming business signs. If businesses located in the
construction areas of South 320th and Pacific Highway South were to replace their signs according to the Sign Code
amortization schedule the City would absorb the cost of replacing the new signs at the time of construction. Staff will
be returning to the Land Use Committee at the next meeting to present options for the replacement of those signs,
including Council approval of a potential expenditure of additional funds.
7. FUTURE MEETINGS ~} "- )
The next meeting will be held ac:>:3Opm in City Council Chambers on Monday,Óctober 18, 1999.
8. ADJOURN
The meeting was adjourned at 6:45pm.
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Memorandum
TO:
Land Use and Transportation Committee
Kathy McClung, Deputy CDS Director ~
Ken Miller, Deputy Public Works Director ~
FROM:
DATE:
October 11, 1999
RE:
Signs within planned right of way construction areas
A few weeks ago, we raised an issue concerning sign enforcement within the construction areas on
320th and Pacific Highway and how using our standard procedures could result in the city purchasing
newly replaced signs when the negotiations for land occur. Since that time, we have met to discuss
strategies. The staff recommendation would be to offer two alternatives to business/property owners
within the construction area:
Option # 1- The sign owner can keep the sign displayed until the construction occurs which
will be approximately summer of2000 on S. 320th and summer of200l on Pacific Highway. The
City will not pay any demolition costs and a complianœ agreement will be required.
Option #2- The sign owner replaces the existing non-confonning sign with a confonning
sign, placing the new sign behind the new right of way line. In this case the city would pay 25% of
the cost of replacing the sign and removing the old one up to $2000. This money would be in
addition to any money they would qualify for under the existing sign incentive program. These funds
would be City money in the projects budgeted as a part of construction.
The improvements for Pacific Highway South and S. 320th Street intersection are in the final design
stage and right of way acquisition has begun. Construction will likely start summer of2000. There
are an estimated 30 freestanding signs within the Pacific Highway South phase 1 improvement from
S 3l2th St. to S 324th S1. Roadway design is approximately 30% complete and construction is
anticipated to start in Summe~ 2001. Either one of these alternatives selected by the sign owners
would ultimately reduce the construction costs.
If the sign owner does not choose either of these options and does not remove their sign by the sign
confonnance date (2/2812000), the staff will enforce the code using standard procedures. This may
result in the owner eventually removing the sign and replacing it with a confonning sign that the city
will have to pay to move again prior to construction.
Council Action Needed:
1. Approval of the plan in concept which would result in a delay of sign code confonnance
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of up to 18 months depending on the sign location and its relationship to the above two Capital
Improvement projects.
2. Authorize the expenditure of funds from So. 320th/SR99 and Pacific Hwy South phase
1 (3121h to 3241h) Capital Improvement projects in order to facilitate construction of the road and
confonnance under the sign regulations..
BASIC PROGRAM REQUIREMENTl
B1. Adopt a Stormwater
Management Ordinance that
includes minimum requirements
for new development and
redevelopment.
B2. In a Stormwater Management
Ordinance, either: 1) adopt a
Technical Manual as an attachment
that contains the Minimum
Requirements, or 2) refer to a
Technical Manual as guidance to be
used to meet Minimum
Requirements which are contained
in the ordinance.2
B3. Include thresholds and
definitions of new development,
redevelopment, land disturbing
actmties, and existing conditions
that are substantially equivalent to
Ecology's in a Stormwater
Management Ordinance and/or
Technical Manual.
Table 1
Federal Way Stormwater Program Evaluation
Comparison with Ecology Basic and Comprehensive Program Requirements
May 16, 1997
(with status updates as of April, 1999)
STATUS
Federal Way Surface and Stormwater Management Code
(Chapter 21) is not substantially equivalent to the Ecology
Model Ordinance (see attached "Equivalency Table for
Stormwater Management Ordinance" for differences).
Federal Way Surface and Stormwater Management Code
Section 21-28 adopts the King County Surface Water Design
Manual (KCSWDM) by reference. The KCSWDM is currently
being updated with adoption by County Council expected in
September, 1996.
Thresholds in the Federal Way Surface and Stormwater
Management Code are not substantially equivalent to the
Ecology thresholds. For example, section 21-86 does not
indicate that new development that includes land disturbing
activity of one acre or greater requires compliance with
minimum requirements. In addition, while code adoption of
the King County Surface Water Design Manual may
indirectly satisfy this requirement, thresholds and definitions
should be included directly in the Federal Way Surface and
Stormwater Management Code.
RECOMMENDED ACTION
The Surface and Stormwater Management Code should be
completely revised. The Ecology Model Stormwater Management
Ordinance and King County Code Section 9.04 should be used for
completing the Federal Way Code revision.
,
Two categories of action are necessary for this requirement: linkage
of the ordinance to the manual, and preparation of the manual itself.
One of two approaches for linkage should be selected by the City in
consultation with the City's legal counsel:
. Adoption of the manual in its entirety by reference in the
ordinance (the current approach in the ordinance), or
. Description of the manual as "guidance" in the ordinance, with
inclusion of minimum requirements in the ordinance
Three general options are possible for preparation of the manual:
. Complete revision of the King County Surface Water Design
Manual to meet Federal Way procedural and technical
requirements and issuance of a Federal Way manual
. Issuance of a supplemental document that describes changes in
the King County Surface Water Design Manual to meet Federal
Way procedural requirements and technical requirements.
Significantly fewer changes would be made under this option
than the complete document revision option above.
. No action - use the King County Surface Water Design Manual
with no changes.
Changes in the Surface and Stormwater Management Code for this
specific requirement should be undertaken as part of a more global
revision recommended above in response to Basic Program
Requirement No. 1.
1
ANTICIPATED COMPLETION DATE
(Current Status as of April, 1999)
December 1997
(Draft Stormwater Management
Ordinance completed, 2/99. Draft
ordinance is based on Ecology model
and King County code and contains
minimum requirements for new
development and redevelopment)
Linkage of Ordinance to Manual:
December 1997
(Draft Stormwater Management
Ordinance includes adoption by
reference of the KCSWDM and Federal
Way Addendum to the KCSWDM, 2/99)
Completion of Manual: January-
December 1998 (depending on which
option is selected)
(Federal Way has taken the approach of
developing a supplemental document to
the 1998 KCSWDM. This supplemental
document adapts the KCSWDM for use
in Federal Way. It will be used in
conjunction with the 1998 KCSWDM to
set design standards for stormwater
management.)
December 1997
(Thresholds and definitions for each of
these terms are included in Federal
Way's technical manual (the KCSWDM
and Federal Way Addendum) and
Stormwater Management Ordinance.)
~
BASIC PROGRAM REQUIREMENT!
B1. Adopt a Stormwater
Management Ordinance that
includes minimum requirements
for new development and
redevelopment.
B2. In a Stormwater Management
Ordinance, either: 1) adopt a
Technical Manual as an attachment
that contains the Minimum
Requirements, or 2) refer to a
Technical Manual as guidance to be
used to meet Minimum
Requirements which are contained
in the ordinance.2
B3. Include thresholds and
definitions of new development,
redevelopment, land disturbing
actmties, and existing conditions
that are substantially equivalent to
Ecology's in a Stormwater
Management Ordinance and/or
Technical Manual.
Table 1
Federal Way Stormwater Program Evaluation
Comparison with Ecology Basic and Comprehensive Program Requirements
May 16, 1997
(with status updates as of April, 1999)
STATUS
Federal Way Surface and Stormwater Management Code
(Chapter 21) is not substantially equivalent to the Ecology
Model Ordinance (see attached "Equivalency Table for
Stormwater Management Ordinance" for differences).
Federal Way Surface and Stormwater Management Code
Section 21-28 adopts the King County Surface Water Design
Manual (KCSWDM) by reference. The KCSWDM is currently
being updated with adoption by County Council expected in
September, 1996.
Thresholds in the Federal Way Surface and Stormwater
Management Code are not substantially equivalent to the
Ecology thresholds. For example, section 21-86 does not
indicate that new development that includes land disturbing
activity of one acre or greater requires compliance with
minimum requirements. In addition, while code adoption of
the King County Surface Water Design Manual may
indirectly satisfy this requirement, thresholds and definitions
should be included directly in the Federal Way Surface and
Stormwater Management Code.
RECOMMENDED ACTION
The Surface and Stormwater Management Code should be
completely revised. The Ecology Model Stormwater Management
Ordinance and King County Code Section 9.04 should be used for
completing the Federal Way Code revision.
c
Two categories of action are necessary for this requirement: linkage
of the ordinance to the manual, and preparation of the manual itself.
One of two approaches for linkage should be selected by the City in
consultation with the City's legal counsel:
. Adoption of the manual in its entirety by reference in the
ordinance (the current approach in the ordinance), or
. Description of the manual as "guidance" in the ordinance, with
inclusion of minimum requirements in the ordinance
Three general options are possible for preparation of the manual:
. Complete revision of the King County Surface Water Design
Manual to meet Federal Way procedural and technical
requirements and issuance of a Federal Way manual
. Issuance of a supplemental document that describes changes in
the King County Surface Water Design Manual to meet Federal
Way procedural requirements and technical requirements.
Significantly fewer changes would be made under this option
than the complete document revision option above.
. No action - use the King County Surface Water Design Manual
with no changes.
Changes in the Surface and Stormwater Management Code for this
specific requirement should be undertaken as part of a more global
revision recommended above in response to Basic Program
Requirement No. 1.
1
ANTICIPATED COMPLETION DATE
(Current Status as of April, 1999)
December 1997
(Draft Stormwater Management
Ordinance completed, 2/99. Draft
ordinance is based on Ecology model
and King County code and contains
minimum requirements for new
development and redevelopment)
Linkage of Ordinance to Manual:
December 1997
(Draft Stormwater Management
Ordinance includes adoption by
reference of the KCSWDM and Federal
Way Addendum to the KCSWDM, 2/99)
Completion of Manual: January-
December 1998 (depending on which
option is selected)
(Federal Way has taken the approach of
developing a supplemental document to
the 1998 KCSWDM. This supplemental
document adapts the KCSWDM for use
in Federal Way. It will be used in
conjunction with the 1998 KCSWDM to
set design standards for stormwater
management.)
December 1997
(Thresholds and definitions for each of
these terms are included in Federal
Way's technical manual (the KCSWDM
and Federal Way Addendum) and
Stormwater Management Ordinance.)
BASIC PROGRAM REQUIREMENT1
B4.Pxepare Technical Manual
sections presenting BMPs that are
equivalent to those contained in the
Ecology Technical Manual Volumes
II - IV: Erosion and Sediment
Control, Runoff Control, and Urban
Land Use BMPs. Include a BMP
selection and site planning process
equivalent to the process in the
Ecology's Technical Manual.
B5. Include an exceptions or
variance process in the Stormwater
Management Ordinance and/or
Technical Manual that is similar in
content to Section 1-2.16 of
Technical Manual- "Exceptions".
B6. Develop and enforce an
operations and maintenance
program and ordinance for new and
existing public and private
stormwater systems. Maintain
records of new public and private
storm drainage systems.
STATUS
The Federal Way Code makes no direct reference to BMPs.
The King County Surface Water Design Manual is adopted by
reference in Federal Way Code Chapter 21. The King County
Surface Water Design Manual includes runoff treatment and
streambank erosion control BMPs but does not include source
control BMPs. King County has adopted a water quality
ordinance (King County Code 9.12) and associated BMP
manual, both of which address source control BMPs. King
County's approach is in contrast to Ecology's approach,
where all BMPs are addressed in one manual (the "Technical
Manual"). Ecology has approved King County's BMP
Stormwater Pollution Control Manual as equivalent to Technical
Manual Volume IV-Urban Land Use BMPs,
Provisions in the Federal Way Surface and Stormwater
Management Code and references to the King County SWDM
are substantially equivalent to the Exceptions section in the
Technical Manual (Section 1-2.16).
King County, in its equivalency review, has indicated that the
variance process in the King County SWDM requires
equivalent results meeting similar objectives. The King
County SWDM and ordinance 9,04.050 C2 indicates that, if
meeting the criteria for producing a compensating or
comparable result will deny reasonable use of a property, the
applicant shall produce the "best practicable alternative" as
determined by the director of the department of development
and environmental services, King County indicates that the
approach is equivalent since state law does not allow denial
of reasonable use.
RECOMMENDED ACTION
Federal Way Code Chapter 21 - Surface and Stormwater
Management or Chapter 22, Division 12 - Water Quality should be
revised to include minimum requirements for reducing and
controlling the discharge of pollutants and require use of BMPs
presented in a new Federal Way BMP manual. Federal Way should
adopt the King County BMP manual with minor modifications in
procedural requirements.
,
No action is necessary.
An operations and maintenance manual for stormwater Four actions are recommended as follows:
systems in the City of Federal Way is currently under .,
development. The City currently conducts an Operation and. bC~mplete aln odP)erations and maIntenance manual (currently
. . emg comp ete .
maIntenance program for the publIc system, and is currently
planning for expansion of this program using new staff to . Prepare an operations and maintenance ordinance including
inspect private systems. Maintenance activities are currently sta~dards for new and existing public and private systems. The
documented on a series of forms that are completed by the ord~nance shoul~ be based on Ecology's Model Stormwater
maintenance division. Additional elements to augment the Mamtenance OrdInance.
current recordkeeping program are described in Chapter 4 of I .
the Fedeal Way Stormwater System Operations Maintenance
Manual.
.
Expand the current operations and maintenance program to
include inspection of private systems and enforcement.
Implement additional elements of recordkeeping program as
described in Operations and Maintenance Manual.
ANTICIPATED COMPLETION DATE
December 1998
(Draft Stonnwater Management and
Water Quality Ordinances adopt the
King County Stormwater Pollution
Control Manual as a source for BMPs.)
No action necessary.
(Draft Stormwater
Ordinance includes
process.)
Management
"adjustment"
Operations and Maintenance Manual:
July 1997
Completed in June 1997
Operations and Maintenance Ordinance:
December 1997
Draft Ordinance February 1999
Expansion of Operations and
Maintenance Program: December 1998
Implemented
Operations and Maintenance
Recordkeeping: December 1998
Implemented
2
BASIC PROGRAM REQUIREMENTl
B7.Incorporate provisions for
stormwater management into local
growth management regulatory
actions implemented under the
Growth Management Act
B8. Cooperate with neighboring
jurisdictions in storm water, growth
management and basin or
watershed planning. Cooperate
with other jurisdictions sharing
common watersheds in analyzing
the effects and control of
stormwater runoff and adopting
coordinated and compatible
programs for stormwater
management.
STATUS
Through a collaborative process, the City has adopted
County-wide planning policies that serve as the framework
for its comprehensive plan. Policies include protection of
critical areas, contiguous and orderly development, and
provision of urban services to development.
The City has completed and adopted a Comprehensive
Surface Water Management Plan that presents goals and
policies for Surface Water Management. These goals and
policies are consistent with the Land Use and Capital
Facilities elements of the City's Comprehensive Plan. Goals
for surface water management are as follows:
1) Protect the public health and safety and prevent property
damage by reducing surface water problems
2) Protect, preserve, and enhance the beneficial uses of
surface waters for recreation, fish and wildlife habitat,
aesthetic enjoyment, aquifer recharge, and open space.
3) Regulate development and re-development to control in a
cost-effective and aesthetic manner impact on water
quantity and quality.
4) Manage the surface water utility in a manner that makes
efficient use of limited resources to address the most
critical problems first, and which expresses community
values and priorities.
The City recognizes that water resource issues are by nature
regional: watersheds cross jurisdictional boundaries and
different watersheds can often benefit from similar flood
control and water quality protection programs.
Federal Way, in developing a storrnwater management
program that is in compliance with Puget Sound Stormwater
program requirements, is part of a region-wide, coordinated
program to manage stormwater.
On a more local level, the City has used the Hylebos Basin
Plan to help guide the Surface Water Management Program
since the City's incorporation. The plan covers 36 square
miles and almost 35 miles of streams, 11 named lakes, and
numerous wetlands in southwest King County and northwest
Pierce County. Slightly more than half of the planning area
(55 percent) lies within incorporated Federal Way, and 95
percent of Federal Way lies within the planning area. The
City remains committed to achieving the goals of the plan
through implementation of the recommended capital projects,
regulatory, policy and procedural changes.
ANTICIPATED COMPLETION DATE
RECOMMENDED ACTION
No further action necessary.
No action necessary.
,
No action necessary.
No action is necessary,
3
BASIC PROGRAM REQUIREMENTl
B9. Implement education programs
to inform citizens and businesses
about stormwater and its effects on
water quality, flooding, and fish
and wildlife habitat, and to
discourage dumping of waste
material or pollutants into storm
drains.
COMPREHENSIVE PROGRAM
REQUIREMENT
Ct. Through an ongoing
assessment program, identify and
rank significant pollutant sources
and determine their relationship to
the drainage system and water
bodies.
C2. Investigate and take corrective
actions for problem storm drains,
including sampling.
C3. Implement a water quality
response program to investigate
sources of pollutants, spills, fish
kills, illegal hookups, dumping,
and other water quality problems.
These investigations should be used
to support compliance! enforcement
efforts.
STATUS
The current Federal Way education and involvement program
includes the following:
. Volunteer Programs, including:
catchbasin "Dump no Waste" stenciling
rainfall monitoring
lake level and secchi dish monitoring
wetland water level
participation in restoration projects
. Stream crossing "Protect our Waters" signs
. Citizens Advisory Committee
. Brochures
. Partial funding for television commercials
STATUS
The City currently conducts a water quality monitoring and
assessment program consisting of: 1) long-term trend
monitoring at five or six monitoring stations, 2) outfall
sampling, 3) targeted monitoring to evaluate effectiveness of
capital projects, and 4) visual identification of pollutant
sources through windshield surveys. One of the primary
objectives of the water quality monitoring and assessment
program is pollutant source tracing to identify water quality
problems. The program is implemented using the City's
water quality monitoring plan.
Sources identified through the water quality monitoring
program will be investigated. Corrections will be required for
private systems. If corrections are necessary for portions of
the public system, the City will compile a list of necessary
actions arranged by priority, and complete them as resources
become available.
Policy 5 in the City's Comprehensive Surface Water
Management plan indicates that the City will respond to
drainage-related emergencies on private property only as
needed when there is an imminent threat to public health,
safety, or public resources (infrastructure, fisheries, and water
quality). The City currently responds to drainage-related
emergencies on public property immediately. More
generally, the plan indicates that reports of surface water
pollution or illicit discharges are investigated and corrected.
RECOMMENDED ACTION
ANTICIPATED COMPLETION DATE
No action is currently necessary. The program will be expanded as I No action necessary.
demand increases and resources become available.
f
RECOMMENDED ACTION
ANTICIPATED COMPLETION DATE
The City has a stormwater quality action plan to guide future I No action necessary.
monitoring and conduct pollutant identification and ranking
activities recommended by Ecology4. No further action is necessary.
The City should take corrective action as necessarys. Administrative I To be completed when necessary.
enforcement authority should be used as necessary to resolve water
quality problems such as illicit connections.
The City will prepare a brochure describing names and phone
numbers of contacts to call in the event of a water resource problem.
The brochure will be distributed at the library, City Hall and
through local schools and service organizations.
December 1998.
(Instead of a brochure, the City has
listed contact names and phone numbers
on the City's web site and on its cable
TV channel. These actions make this
information more accessible than would
distribution of a brochure.)
4
C4. Assure adequate local funding
for the stormwater program through
surface water utilities, sewer
charges, fees, or other revenue-
generating sources.
COMPREHENSIVE PROGRAM
REQUIREMENT
C5. Complete local coordination
arrangements such as interlocal
agreements, joint programs,
consistent standards, or regional
boards or committees.
C6. Develop and implement a
stormwater public education
program aimed at residents,
businesses, and industries in the
urban area.
C7. Implement inspection,
compliance, and enforcement
measures.
C8. Prepare an implementation
schedule for the comprehensive
stormwater program.
The City currently manages stormwater through a utility
which collects fees based on individual contributions to
increased runoff from impervious area. The utility currently
has an annual operating revenue of $2.9 million.
Approximately 90% of the revenue comes from utility fees,
with the remainder coming from a street fund, Washington
State Department of transportation payments, and interest.
STATUS
Policy 15 in the City's Comprehensive Surface Water
Management Plan indicates that the City's role in developing
and implementing regional, state, and federal surface water
policies and programs will include: serving on advisory
committees and work groups, participating in multi-
jurisdictional studies and basin planning, and entering into
cooperative agreements with neighboring and regional
agencies to accomplish common goals as appropriate and
necessary .
Federal Way currently has a limited public education
program consisting of: 1) volunteer activities mainly focusing
on field monitoring, 2) citizens advisory committees for
specific projects, and 3) brochures.
The Development Services Division (DS) of the Public Works
Department provides plan review and site inspections of
drainage conveyance systems, retention/ detention and water
quality facilities, and construction erosion/ sediment control
practices for proposed development projects. DS plan
submittal requirements, engineering standards, and other
regulations are defined by the King County Surface Water
Design Manual, which has been adopted by the City of
Federal Way.
Chapter VI of the City's Comprehensive Surface Water
Management Plan - Implementation Strategy, indicates that
the FWSWM and DS Divisions and DCD will work together
to propose for adoption a substantially equivalent technical
manual and necessary code amendments regulating public
and private operation and maintenance of stormwater
facilities, as required by the Puget Sound Water Quality
Management Plan. The manual will be based on the King
County Design Manual with appropriate additions or
exceptions based on local conditions.
No action is necessary.
RECOMMENDED ACTION
No action is necessary.
,
No action necessary.
ANTICIPATED COMPLETION DATE
No action necessary.
Federal Way should support Ecology efforts to develop a program I Ecology to complete.
for inter-jurisdictional sharing of educational resources.
The stormwater management code should be changed to provide for
administrative enforcement authority and issuance of civil penalties
as part of a more global revision recommended above in response to
Basic Program requirement No.1.
The City should submit these equivalency tables as an
"implementation strategy" by June 1997, as currently required by
Ecology. The implementation schedule should be delivered to
Ecology together with all basic and comprehensive program
materials by December 1998.
December 1997.
(Draft Stormwater Management,
Operations and Maintenance, and
Water Quality Ordinances include
authorization for administrative
enforcement and civil penalties.)
December 1998.
(This equivalency table was accepted by
Ecology in the fall of 1998 as Federal
Way's Comprehensive Stormwater
Program Implementation Schedule.)
5
1. Basic program requirements from list of Ecology equivalency review criteria in "Guidance for local governments when submitting manuals and associated ordinances for equivalency review" (Ecology 1994) and
"Stormwater Program Guidance Manual" (Ecology 1992)
2. Ecology indicates the following advantages and disadvantages in the different approaches (Ecology 1994):
If the entire manual (either Ecology's manual or one written by a local government) is incorporated into the ordinance by reference, all the information contained in the manual becomes part of the local government
code. The advantage of this method is that there are no questions about what is and is not an enforceable part of the local government code. One disadvantage is that if a local government wishes to change something
in the manual, the ordinance may have to undergo revision as well. Additionally, the Plan requires that the ordinance and/ or the manual adopted be revised within a year following any Ecology update of the manual.
If only parts of the manual (or only the minimum requirements themselves) are adopted in an ordinance, those parts are then enforceable. The other parts of the manual serve as additional guidance. If this method is
chosen, only revisions to those parts of the manual adopted in the ordinance require revision of the ordinance. Updates can easily be made to the parts of the manual not adopted in the ordinance.
3. Comprehensive Program requirements from "Stormwater Program Guidance Manual for the Puget Sound Basin" (Ecology 1992)
4. Ecology recommends that the following activities be completed to assess water quality problems (Ecology 1992): a land use survey; general mapping of stormwater drainage systems; mapping of known outfalls to
water bodies; mapping areas where stormwater is discharged to groundwater; mapping of public and private water supply wells, conveyance streams, wetlands, and other constructed conveyances, a visual assessment
of water quality in water bodies in the vicinity of outfalls; a survey of Ecology and local government records or reported water quality problems, sediment impact zones or any historical water quality data collected in
the vicinity of outfalls, natural systems used for stormwater conveyance or water supply wells; and interviews with maintenance crews or other field staff that are in a position to notice water quality problems.
5. Ecology recommends that investigative tools that may be applied to identify problem storm drains include collecting and analyzing water samples, identifying illicit connections to the storm drain system, surveying
land uses, homes, and businesses, and water and sediment tracing in storm drains. Corrective actions include developing measures to correct or reduce the problem through the application of BMPs described in an
approved stormwater management manual or other water quality control measures. Basin planning to address the cumulative impacts from diverse sources of stormwater and sediment contamination should be
strongly considered. Corrective actions shall include a program to eliminate illicit discharges.
6
t
f
I
I
(
(
\ .
'1'
. ",
"-"~
Table 2
, .... . . -
Equivalency Table for Stormwater Management Ordinance (Basic Program H.equirement Hl in Table 1)
October 30, 1996
'(
Ecology Model Ordinance
Section and Heading
Ecology Comments'
Is Section Required by Ecologyt
Most Applicable Section
from Federal Way Code
Is Federal Way Code Section
Equivalent to Ecology Model
Ordinance Section?
Equivalency Comments I
1. Where stormwater management is a new This is an optional section; its Section 21-27: Purposes Limited equivalence based on
concept, reasons for adopting the ordinance omission would not affect the small amount of text in Federal
should be included. Being a Plan mandate legality of the ordinance. Way Code
.. ............. ......." --......... ........,......... .................." ..... . .. ~~.~.~.'::~. .~.~9.~.!9: .~.~. ~.~ E ~.~-~.~c;!:.............. ...,... ......... ... .1........... .""""" .................."........ '..m.........m .......... J ......-.....-... ..,................ """""""""," .......m 1..-... ...........-...."... .... .......... ....m.. ...............1......... .............,...,....... ....................... ...m.."""""
Section 1 - Findings of Fact, Need
and Purpose
Could be expanded fTom current one paragraph to three sections recommended
by Ecology.
Section 2 - Defirútions
3. Any local concerns should be
emphasized.
1. Definitions should explain stormwater
concepts that are not commonly understood
or wruch have a unique meaning.
General mention of values of city'~ natural drainage system could be exanded to
provide more detail.
.. ..... ..................... ...m.. m m ."........m.. ...m m"__""'" ... ...........m..."""""" ..--... ......-......,................ ..mm..m.... .......... ,... ...............m......'-""""""""-"""""""""'-""" ...... ............. ............-..."............................., -.....................................mmm..........""""""'" .............. -- ._....m' .........,..-................-...... .............m..._"""""'" ....m""" ...."............. ..............".... ...... .........."..
This entire section is required,
Definitions used must be either
,identical to Ecology definitions or
an approved equivalent.
Section 2J -26: Definitions
No.
The entire section must be re-written.
2. The technical manual glossary is a good
source document.
--
Section 3 - General Provisions
This is an optional section; its
omission would not affect the
legality of the ordinance
No.
Section not included.
Section 4 - App licability of 11. Include the area that the ordinance
Ordinance actually applies to (e.g., tills may be only
conflicts between ordinances. section is optional, but is
recommended. I I I
.......................................................m............."".......................................m...m...................."""""""""""'"m.....,..................m""""""""""""""""""""""""""""- .................................................................. ...-...................................................m......... ....................._......................................m.....................................m........-....-......................................................m
1. Optional.
No.
Section not included.
3. ~i~~ all the re~at~d permits a~d 13. Required. Section 21-87 Yes with modification. Section lists permits and approvals ~hich require "drainage.review". Drainage
. - . activities that this ordinance appltes to. review defined as evaluation of project compliance with design manual, needs to
be modified to be comoliance with broader ordinance/ code.
after approval of the Stormwater Site Plan. contained in Surface Water Design Manual. Need explicit ordinance language.
Also list the types of site plans allowed in
tills jurisdiction.
1. Include a list of appropriate new 1. Required. Section 21-86 No. Need text describing new development and redevelopment; requires inclusion of
development and redevelopment activities related definitions in Section 21-26. WillIe code adoption of King County Surface
regulated by this ordinance. Water Design Manual may indirectly satisfy tills requirement, regulated activities
- - should be soecifically described in ordinance.
...................,.,.....................,...-............-..-.........t................-.-..-..........-............-.................."""..--... --...............--............--....-...-...-........... -.......-........-.-.............-...--..-..- .......--.....-...............-.,..--.....-..- ......._........-.......£................ ...............--.............-................-.......--.....-............................-....-..,........:.........
2. Include any applicable exemptions (e.g., 2. Required as necessary. No. No section on exemptions.
commercial agriculture). Note that Class IV
General Forest practices (timber conversions
to other uses) are r~ated.
Section 5.. Regulated and Allowed
Activities
..
"
L
1
--.,..,.-,---.r'-~'~'--"'-- .-- .'
1. Adopt Ecology's manual or an approved 11. Required.
equivalent This may be done in a separate
ordinance. See the discussion in the
~idance for more details.
used to control pollutants and comply with
standards
-:.
(
Section 6 - General Requirements
(
(
(
Section 21-28
Yes-seeKing
Equivalency Tables.
County I King County Surface Water Design Manual adopted in its entirety by reference.
See Ecology guidance for advantages and disadvantages of this approach.
................... ................., m...... ......... -........ "'m..... m ,..... ......m...... ...... ...... '.'m....... ......... ................. ..m.. ""."".", ...... ,..........-...........-..................................-..-........-., '-"""""""""""'" ............................-..., -----.....-..--...--..-...... ..-.....,.....,' """........m""'._m......... .....,..--..-.............- ................................ ....m............ .... .m. ..m.. ............. ........,....,.........
3. Procedures for approval of experimental 3. Regulation of experimental I I No. I " "
-""-""---"-""-'~:":~~~;;~~~¡:~~~;:~m_--"1-^'f.;;-~~~~OE"~__----r-----------I-;:¡;;:--------r;¡;;;;;;;;;¡~-;;;;¡iiicii;¡¡;:;~;;i;tl;;'d;~~¡;;;;;;;~;;;;2i[;;~;~¡;;iï:w;-;';;-
Quality.
1. This section should be included verbatim
from the model ordinance, or substantially
~~~~~~£~--~~~~~~-~~~~~~--
2. Include application review choices. 2. Recommended. No. No approval, conditional approval, denial or other review choices explicitly
"""-""'-........m...........m...............m........m........1........-'-""""""""""""""""m""'_"""""""m.........,...-......"- ..-..........................................-..-...........................-.........."-"""""'_'..m.....................-..... -............-....--............-.............--............, ..~!.~.~~~.~.~È..~.9.~.~.i.~.~.~.~:...._.......................""""""""""""""""""""""""""'.""'...........m.......m...........
3. List the position of department that 3. Required. Section 21-i7 Yes. Public Works Director enforces ordinance.
....--............,.........................&............................1...~':I.f?!:~~~..~~~.9.~9.~.~!:1.~~:....._._.....'..........-................... ..............................-.......-..-......-.....-........-....... '-"-'-""'-""'-"-"""---""-"'--"'-__""..m.._.......................,'....-.......-..............................-..-........-"m"_"""",'-"""""""""""""""""""",""",..""""""""""""""""."""
1. Require enforcement according to the 1. Required. Section 22-11 No. Zoning ordinance (Chapter 22) provides for criminal penalties as primary means
provisions of the ordinance. The penalty of enforcement; civil penalties may be issued as well. However, provisions do
"'_......._...m_._._.._..._._._...._..............._.1-~~2.~!~..~~.P.E9.P.? E!:~9D~.!..~?..~~~.9.~~~~~ :................. ............................................. --......................-... .-..-......................-.....-.......-............-- .-................---.........-........-...............-... ..!!.9.~.~P. P. .1.Y...~9..~!!: ~.!~~.,:.~~~.~!?~~~!~!:.~~~g.,:~~!!.~:..~9.~ ~~~~~~..i.~..Ç,~~ P.~ ~E.~!:....... .......
2. Require authority to issue stop work 2. Required. Authority to stop an Section 22-123 No. Zoning ordinance (Chapter 22) provides for "orders to cease activity." However,
orders. entire project if there is a problem provisions do not apply to surface and stormwater management, addressed in
with a portion of the project is Chapter 2l.
"-"""" """""'-"""" """""'-""'" ....-.-. ........1-....-.......-..-..... ...-.-...-.......-............................ ....- .._....-1.!:~9.~~!:1.~ ~~:._....._..._....._.... ...-.........-. ..--................-......-...-...-.--.. ..-........-. ....~_.._.........._-.._...... .......-......, .........-..--...-...................--.-...-.....--.....-,......... ...-. ........, ,.......... ......... ........... ........-....... ,......
Section 7 - Approval Standards
4. List the position or department that has
inspection authority and the stages of
construction to be inspected.
Section 9 - Enforcement
3. Require authority to issue a civil penalty
including due process.
Section 10 - Exceptions
1. A board of appeals is optional; this
process can be heard by any appropriate
new or existing appeals body.
1. Optional. The board should be
composed of people with expertise
in the subject. The hearings
'---'----...........-..........-..--.1---.-.........-....--.---..---...-"...-.-....-..-...-.-1. ex~~~E.~~~?.!>.~~ e<!:___- <-----.."
2. A written finding of fact must be
prepared that addresses the criteria found in
the model ordinance.
1. Required.
No.
Core and special requirements as modified by King County SWM in the draft
King County Code (KCC) 9.04, Section 4 should be included when KCC finalized.
4. Required.
Section 21-47
Partial.
Public Works Director has inspection authority. Stages of construction to be
inspected not identified.
3. Required.
Section 22- I 1
No.
Provision for civil penalty included in Zoning Code chapter, not in Surface and
Stormwater chapter. Provisions should be included in Surface and Stormwater
chapter, and expanded to include due process.
No provision for appeals body.
No.
..........-..-0"
..-...
-...-.-...........................--..............--...........--.
2. Required.
No.
Provision not included.
.. --... ...-...- ........-..-.. -......... '.-... ..... ... -." .......- . -.. - .--....... -.. ...... ...-.. ...... '-'-- "'--", ...... ...-...... ............ - , -"'-""-"""""" . ........... -. - . -.. -.... -....- ....-. ,....- -"..-......,.... ...-...---..--....- ,-- ".- -.......... -.-.-..... --.-.-. .......... ...." . ... -. _...,- ",..--... ........ .-.....--... --. ...... -...... -... .....-.... ...... ........................ -.. ,..... ....... -.. ... ... ... """ ...." .....
3. Approval of the exception is required I 3. Required. I I No. I Provision not include¡i.
before permits are issued and construction
""-"'-'- ....... -.. .-.......... .....- ...-... .....-... .... ..1..!.~-~ !.~?.. ~A '- -.-..- -.... -"""" - ...-.-.... ......... - -....- . _... ---..-. .....- ...... .....-.. -- -..............".. ......-- ,.. --""'m" -.. """" -""--- ,.---. __m"""'--""', ....... --..., .....-- ----- ,..------"'-- -.... -...,..... .......-....... -. -..-... ...- ---.. ...-... ..--.
4. An exception should only be valid for a 4. Recommended. I No. Provision not include?
s ecific eriod of time. ,
.......-.-....................--................-............,._......1-5~":.\"ri;~'~f:~'~~~ï'~~~:;~~¡;-;~~:¡~~d:- 5.""Re~:red~"""-'-""--"'-"-'--' "'-""'-"""""""-""-"""""""--""'-' No. --'-----"'--"--'" 'P~~vision not in~iudeçl. ...._--_..~...._._...".._..__.._._..
Section 11 - Severability
1. This section may be beneficial if a court
declares part of your ordinance to be
unconstitutional.
.
,
1. Optional, but recommended.
No.
Provision not included.
1 and 2. These columns from Ecology publication: "Guidance for local governments when submitting manuals and associated ordinances for equivalency review"
3. The lack of equivalency determined through review of the current Federal Way Surface and Storm water Management Code led to recommendation Bl in Table lto completely rewrite this code.
I
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2
City of Federal Way
Storm.water Management Ordinance
Draft
April 1999
~
Tetra Tech / KCM, Inc.
1917 First Avenue, Seattle, WA 98101-1027
#2840108
, <
STORMW ATER MANAGEMENT ORDINANCE
D RAFT
APRIL 1999
Prepared for:
City of Feder~l Way
33530 1st Way South
Federal Way, WA 98003-6221
Prepared by:
~
Tetra Tech/KCM, Inc.
1917 First Avenue
Seattle, Washington 98101-1027
(206) 443-5300
Project #2840108
~ ,,~
> ,.,,"
City of Federal Way
Stormwater Management Ordinance
TABLE OF CONTENTS
Title
~ Pa!5e No.
1.
Findings of Fact, Need and Purpose .......................................... I-I
Findings of Fact .... """" ."... """""""'" ............,... ""'" """'" ..... ."............... 1-1
Need.......................................................................................................,.....1-2
Purpose.................................................................................................,......1-2
2.
Definitions........... ............ ..... ................ .......... .... ........... .......... ...... ... 2-1
3.
General Provisions ......................................................................... 3-1
Abrogation and Greater Restrictions ......................................................... 3-1
Interpretation. """""""""""""""""""""""""""""'" ....................,.. .~:....... 3-1
4.
Ap p Ii cab ili ty ........................ ...... ............ ......... ..... .................. .......... 4-1
5.
Regulated Activities and Allowed Activities............................ 5-1
Regulated Activities. """"""""" .......... .............. ........ """""""" """'" """" 5-1
Exemptions """"""""""""""""""" .....,. """"""""""""""" .., """"'" ........, 5-2
6.
General Requirements....................................... ............ ................ 6-1
Stormwater Management Manual Adopted............................................... 6-1
Stormwater Best Management Practices (BMPs) ..................................... 6-1
Illicit Discharges................. """""""'" ........ ................... "'" ....... .,..... ........, 6-1
7.
Approval Standards ....................................................................... 7-1
Drainage Review...... ........... ......... ............ """"" .......... ............. ........ ........., 7-1
When Required """""" ....... ...... .... ............................ .....,.. """'" """'" 7-1
Type of Drainage Review Required.................................................... 7-1
Core and Special Requirements.................................................................. 7-3
Core Requirement #1- Discharge at the Natural Location """""'" 7-3
Core Requirement #2 -Off site Analysis """""""""""""""""""""" 7-4
Core Requirement #3 - Flow Control................................................ 7-4
Core Requirement #4 - Conveyance System """""""""""""""""'" 7-4
Core Requirement #5 - Erosion and Sediment ControL.................. 7-4
Core Requirement #6 - Maintenance and Operations ...................... 7-4
Core Requirement #7 - Financial Guarantees and Liability............ 7-4
Core Requirement #8 - Water Quality.............................................. 7-5
Special Requirement #1 - Other Adopted Area-Specific
Requirements...................................................................................7-5
Special Requirement #2 - FloodplainlFloodway Delineation """"'" 7-5
Special Requirement #3 -'Flood Pr()tection Facilities ......................7-6
.. ,-":0: ,,;'-:'- .-<:-'
--~"
. "",.,"", ,
...TABLE OF CONTENTS
Special Requirement #4 - Source ControL....................................... 7-6
Special Requirement #5 - Oil Control............................................... 7-6
8.
Administration....................................... ......................................... 8-1
Director........................................................................................................8-1
Review and Approval..........................................................................,........8-1
Enforcement Authority ....................................................,..........................8-1
Inspection ............................................,.......................................................8-1
9.
Enforcement ........... ........... ............ ....... .......... .......... ... ..... ...... ..... .... 9-1
G-eneral.... ..........,. ....".............. ..................,.... .,................. ...........,. .........,... 9-1
Stop Work Order .........................................................,...............................9-1
Civil Penalty................................... .... ..........................................".... ......... 9-2
Penalties Due............................ ...,.......... ............, .........., ...........,........ 9-3
10.
Adj,ustmen ts ... .................. ..................... ............. ........... ................... 10-1
'I'ypes of Adjustments........................................................."""""""""""'" 10-1
Adjustment Authority .......................................................................:~........ 10-1
Criteria for Granting Adjustments..........................................................;-.. 10-1
Experimental Design Adjustments.................................................... 10-2
Adjustment Application and Review Process............................................. 10-2
Appeal Procedure ....................................................................,................,.. 10-3
11.
Severability ..............................~....................................................... 11-1
u
;:'- ,~:.~.., ,
..
CHAPTER 1.
FINDINGS OF FACT, NEED AND PURPOSE
FINDINGS OF FACT
The Federal Way City Council hereby finds that:
.
Stormwater pollution is a problem associated with land utilization
and development and the common occurrence of potential pollutants
such as pesticides, fertilizers, petroleum products, pet wastes and
numerous others.
Land utilization and development is also known to increase both the
volume and duration of peak flows. The resulting erosion, scouring,
and deposition of sediment affect the ecological balance in the stream.
Sedimentation and stormwater pollution cause diversity of speçies to
decrease and allows more tolerant (and usually less desirable) species
to remain.
Stormwater pollution can cause or contribute to closures of shellfish
beds and swimming beaches and other restrictions on public use of
the waters within the City.
.
An expanding population and increased development of land have led
to:
Water quality degradation through discharge of nutrients,
metals, oil and grease, toxic materials, and other detrimental
substances including, without limitation, insect and weed
control compounds.
Drainage and storm and surface water runoff problems within
the City.
Safety hazards to both lives and property posed by
uncontrolled water runoff on streets and highways.
.
Continuation of present stormwater management practices, to the
extent that they exist, will lead to water quality degradation,
erosion, property damage, and endanger the health and safety of the
inhabitants of the City.
.
In the future such problems and dangers will be reduced or avoided
if existing properties and future developers, both private and public,
provide for stormwater quality and quantity controls.
1-1
City of Federal Way Stormwater Mana!(ement Ordinanà::.' ",.
. ':o,c",".,
NEED
.
Stormwater quality and quantity controls can be achieved when
land is developed or. redeveLoped by implementing appropriate best
management practices (BMPs).
.
Best management practices can be expected to perform as intended
only when properly designed, constructed and maintained.
The City Council finds that this chapter is necessary in order to:
.
Minimize or eliminate water quality degradation.
.
Prevent erosion and sedimentation in creeks, streams, ponds, lakes
and other water bodies.
.
:protect property owners adjacent to existing and developing lands
from increased runoff rates which could cause erosion of a~!ltting
property.
.
Preserve and enhance the suitability of waters for contact
recreation, fishing, and other beneficial uses.
.
Preserve and enhance the aesthetic quality of the water.
.
Promote sound development policies which respect and preserve
City surface water, ground water and sediment.
.
Ensure the safety of City roads and rights-of-way.
.
Decrease stormwater-related damage to public and private property
from existing and future runoff.
.
To protect the health, safety and welfare of the inhabitants of the
City.
PURPOSE
The provisions of this ordinance are intended to guide and advise all who conduct new
development or redevelopment within the City. The provisions of this ordinance
establish the minimum level of compliance which must be met to permit a property to
be developed or redeveloped within the City.
It is the purpose of this Chapter to:
.
Minimize water quality degradation and sedimentation in streams,
ponds, lakes, wetlands and other water bodies.
.
Minimize the impact of increased runoff, erosion and sedimentation
caused by land development and maintenance practices.
1-2
. .
1. FINDINGS OF FACT, NEED AND PURPOSE
.".-',"
.
Maintain and protect groundwater resources.
.
Minimize adverse impacts of alterations on ground and surface
water quantities, locations and flow patterns.
.
Decrease potential landslide, flood and erosion damage to public and
private property.
.
Promote site planning and construction practices that are consistent
with natural topographical, vegetation and hydrological conditions.
.
Maintain and protect the City
infrastructure and those downstream.
management
stormwater
.
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.
.
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.
. .
1-3
'. ,:...,-<""".""..."",.-.,,'"
,lé:
-;'- -~...,
CHAPTER 2.
DEFINITIONS,
For the purposes of this chapter, the following definitions shall apply:
Administrative subdivision (short plat) shall be as defined in Federal Way City
Code Chapter 20.
Adjustment means a department approved variation in the application of the
requirements of this ordinance and the King County Surface Water Design Manual
and Federal Way Addendum to a particular project.
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,
pennit, or'approval.
Approval means the proposed work or completed work conforms to this Chapter in
the opinion of the Public Works Director.
Aquifier means a geologic stratum containing groundwater that can be withdrawn
and used for human purposes.
Base flood means the flood having a one percent chance of being equaled or exceeded
in any given year; also referred to as the "IOO-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 storm water 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.
2-]
'>"',:..-~--
/~" ",
City of Federal Way Stormwater ManafJement Ordinance...
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.
Clearing means the destruction and removal of vegetation by manual, mechanical,
or chemical methods.
Closed depression shall mean 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 nona~cultural use
or has lain idle for more than five (5) 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 storm water runoff to serve to
increase, decrease, and/or redirect the conveyance of surface and storm water 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 storm
water 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 is 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.
2-2
'-
,",
'i
-.
,~.",
...2. DEFINITIONS
Development means any activity that.,require$> a permit or approval, including but
not limited to a building permit, grading permit, shoreline substantial development
permit, conditional use pe!'mit, special use permit, zoning variance or
reclassification, subdivision, short subdivision, Urban Planned Development,
binding site plan, site development, or right-of-way use permit.
Discharge means runoff, excluding off site flows, leaving the proposed development
through overland flow, built conveyance systems, or infiltration facilities.
Ditch means a constructed channel with its top width less than 10 feet at design
flow.
Drainage refers to the collection, conveyance, containment, and/or discharge of
surface and storm water 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 storm water 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 ordinance 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.
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 ::educe erosion, control siltation and sedimentation, and ensure that
sediment-laden water does not leave the site,
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City of Federal Way Stormwater Manalfement'Ordin:ance...
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.
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 storm water 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.
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...2. DEFINITIONS
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 Washington Administrative Code.
Full Drainage Review means the basic evaluation required by this ordinance 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 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.
(To) Grade 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.
High-use site means anyone of the following:
.
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
.
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
.
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
.
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 non-stormwater discharges to stormwater drainage
systems that cause or contribute to a violation of state water quality, sediment
quality or ground water quality standards, including but not limited to sanitary
sewer connections, industrial process water, interior floor drains, car washing and
greywater systems.
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City of Federal Way Stormwater Mana~emen~- Or~-n.ah."èe.~':'--""-
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 now 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 material~, and oiled,
macadam, or other surfaces which similarly impede the natural infiltration of
surface and storm water 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 Storm water Pollution Control Manual (KCSPCM) also
described as the "BMP Manual", means the document prepared byl{ing County
and adopted by Federal Way, that describes best management practices, design,
maintenance, procedures, and guidance.
Lake means an area permanently inundated by water in excess of two meters (7 ft)
deep and greater than 20 acres in size as measured at the ordinary high water
mark.
Regulated Lakes shall mean the following wetlands as shown in the King County
Wetlands Inventory Notebooks, Volume 3 South:
.
Lower Puget Sound 6, 7, 12, 15, 16 and 17.
.
Hylebos 2, 11, 13, and 16
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 are those substances which, when
exposed to rainfall, measurably alter the physical or chemical characteristics of the
rainfall runoff; examples include erodible soil, uncovered process was,tes, 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 ç.escending order of preference:,
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...2, DEFINITIONS
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.
Avoiding the impact altogether by not taking a certain action or part
of an action;
.
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;
.
Rectifying the impact by repairing, rehabilitating or restoring the
sensitive area;
.
Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the development proposal;
.
Compensation for the impact by replacing, enhancing, or providing
substitute sensitive areas;
.
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.
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.
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 substit.ùt.ed. In braided channels and alluvÜîl fans, the
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City of Federal Way Stormwater Mana{!ement OreJ,in,akce.:< ,.
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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 is any substance (usually chemical) used to destroy or control organisms;
include herbicides, insecticides, algaecides, 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 storm water 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 ground cover 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.
Pre application adjustment means an adjustment that can be requested prior to
permit ~pplication, 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
2-8
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...2. DEFINITIONS
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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 ordinance.
Receiving waters means bodies of water or surface water systems receiving water
from upstream man-made 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 coITect 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.
Retention means the process of collecting and holding surface and storm water
runoff with no surface outflow.
Retention/detention facility (RID) 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.
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City of Federal Way Stormwater Mana{{ement OrdinalÞCe:,<~ '
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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 of the
Federal Way City Code.
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
developnwnt activity, including any drainage improvements required by this
ordinance. This term is equivalent to the term "Subject Property" in Federal Way
City Code Chapter 22 (Zoning Code).
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.
!;j
Small Site Drainage Review is a simplified alternative to Full Drainage Review
for small residential building and subdivision projects that add ten thousand square
feet or less 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.
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.
Storm water 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.
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, storm
2.10
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...2. DEFINITIONS
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water 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.
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 firelanes, 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 firelanes, and infrequently used maintenance access roads.
Surface "ä.nd storm water means water originating from rainfall and other
precipitation that ultimately flows into drainage facilities, rivers, streãms, springs,
seeps, ponds, lakes, and wetlands as well as shallow groundwater.
King County Surface Water Design Manual means the manual (and supporting
documents as appropriate) describing surface and stonn water design and analysis
requirements, procedures, and guidance which has been fonnally adopted 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.
Targeted Drainage Review means an evaluation required by this ordinance 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.
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.
Wetlands means those areas that are inundated or saturated by surface or ground
water 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 a~1 area waterward from the wetland edge. Where
the vegetation has been removed, a wetland shall be detennined by the presence of
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City af Federal Way Starmwater ManO/?ement O~~È,~Øìëe.:';
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hydric soils, as well as other doéùmentation of the previous existence of wetland
vegetation such as aerial photographs. This definition shall not conflict with Federal
Way Zoning Code (Chapter 22 FWCC).
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.
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CHAPTER 3.
GENERAL PROVISIONS
ABROGATION AND GREATER RESTRICTIONS
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.
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.
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CHAPTER 4.
APPLI CABILITY
When any provision of any other chapter of the Federal Way Code conflicts with this
chapter, that which provides more environmental protection shall apply unless
specifically provided otherwise in this chapter.
The Public Works Department is authorized to adopt written procedures for the
purpose of carrying out the provisions of this chapter. Prior to fulfilling the
requirements of this chapter, the City shall not grant any approval or permission to
conduct a regulated activity including but not limited to the following:
.
Administrative Subdivision (Short Plat)
Binding Site Plan (BSP)
Clearing and Grading/LSM
Commercial Building
Experimental Design Adjustment
Formal Subdivision (Plat)
Franchise Utility Right-of-Way Use
Preapplication Adjustment
Right-of-Way Use
Shoreline Substantial Development
Single Family Residential Building
Special Use
Zoning Reclassification
Zoning Variance
.
.
.
.
.
.
.
.
.
.
.
.
.
Regulated activities shall 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, and obtained approval from the Public Works Department.
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CHAPTER 5.
REGULATED ACTIVITIES AND ALLOWED ACTIVITIES
REGULATED ACTIVITIES
Consistent with the minimum requirements contained in this chapter~ the Public
Works Department shall approve or disapprove the following activities, unless
exempted below:
.
New Development
Single family residential or small site development works
Projects that add 5,000 square feet or more of new impervious
surface
Projects that propose to construct or modify a dr-ainage
pipe/ditch that is 12 inches or more in size/depth, or receives
surface and storm water runoff from a drainage pipe/ditch that
is 12 inches or more in size/depth
Projects that contain or are adjacent to a floodplain, stream,
lake, wetland, closed depression, or other environmentally
sensitive area as defined by Federal Way City Code (Chapter
18 FWCC)
.
Redevelopment
22-337»
(as defined in Federal Way City Code (Chapter
Creation or addition of impervious surfaces having an area of
5,000 square feet or more;
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;
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;
Collection and concentration of surface and stormwater runoff
from a drainage area of more than 5,000 square feet;
Projects which contain or directly discharge to a floodplain,
: stream, lake, wetland, or closed depression,' groundwater
recharge area, or' other water quality sensitive area,
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City of Federal Way Stormwater Mana{fement OrdinÇIJLce...
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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;
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;
.
Redevelopment other than normal maintenance or other than
tenant improvements, but including any increase in gross floor
area, in anyone consecutive 12 month period which exceeds 50
percent of the assessed or appraised value (whichever is
greater) of the structure or improvement being redeveloped.
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.
EXEMPTIONS
Commercial agriculture, and forest practices regulated under Title 222 WAC, except
for Class IV General forest practices that are conversions from timber land to other
uses, are exempt from the provisions of this chapter.
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 minimum
requirements of this chapter.
"
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CHAPTER 6.
GENERAL REQUIREMENTS
STORMW ATER MANAGEMENT MANUAL ADOPTED
The latest editions of King County's Surface Water Design Manual, Federal Way's
Addendum to the King County Surface Water Design Manual, and King County's
Stormwater Pollution Control Manual are hereby adopted by reference and are
hereinafter referred to respectively as the KCSWDM, Federal Way Addendum, and
the KCSPCM.
STORMW ATER BEST MANAGEMENT PRACTICES (BMPs)
General: BMPs shall be used to control pollution from stormwater. BMPs shall be
used to co~ply with the standards in this Ordinance. BMPs are in the KCSPCM.
Experimental BMPs: In those instances where appropriate BMPs are not 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.
ILLICIT DISCHARGES
illicit discharges to stormwater drainage systems are prohibited.
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CHAPTER 7.
APPROVAL STANDARDS
DRAINAGE REVIEW
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) that is subject to a Federal Way permit or approval as listed
in Chapter 4, AND which meets anyone or more of the conditions listed for new
development and redevelopment in Chapter 5.
Type of Drainage Review Required
One of the following three types of drainage review will be required, depending on the
project, with the single exception that a project which qualifies for Small Site
Drainage Review may also require Targeted Drainage Review:
.
Small Site Drainage Review
.
Full Drainage Review
.
Targeted Drainage Review
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 2 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".
Full Drainage Review
Full Drainage review is required for any proposed project, including redevelopment
projects, that is subject to drainage review as described in Chapters 4 and 5, AND
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 projeet complies with the following requirements:
.
All core requirements in Chapter 7.
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City of Federal Way Stormwater Management Ordip.,çmt!e..:
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All special requirements in Chapter 7.
Ta~geted Drainage Review
Targeted Drainage Review is required for any proposed projects, including
redevelopment projects, that are subject to drainage review as described in Chapter 4
and 5, AND which are not subject to Full Drainage Review as determined in
Chapter 7, AND which have the characteristics of 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" or larger or receives runoff from a 12-
inch or larger drainage pipe/ditch
.
'rDR Category #3: Redevelopment projects as defined in F~~eral
Way City Code (Chapter 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:
TDR Project Category #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:
.
Core Requirement #5: Erosion and Sediment Control
Special Requirement #1: Other Adopted Area-Specific Requirements
Special Requirement #2: FloodplainlFloodway Analysis
Special Requirement #3: Flood Protection Facilities
Special Requirement #4: Source Control
.
.
.
.
The following requirements may be applied to projects in TDR Category #1 at the
discretion of Public Works based on site-specific conditions:
. Core Requirement #1: Discharge at Natural Location
. Core Requirement #2: Off site Analysis
. Core Requirement #3: Flow Control
. Core Requirement #4: Conveyance System
. Core Requirement #6: Maintenance and Operations
. Core Requirement #7: Financial Guarantees & Liability
. Core Requirement #8: Water Quality
7-2
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TDR Project Category #2
The following requirements apply to projects in TDR Category #2:
. Core Requirement #1: Discharge at the Natural Location
. Core Requirement #2: Offsite Analysis
. Core Requirement #4: Conveyance System
. Core Requirement #5: Erosion and Sediment Control
. Core Requirement #6: Maintenance and Operations
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:
.
Core Requirement #7: Financial Guarantees and Liability
Special Requirement #4: Source Control
.
TDR Project Category #3
The following requirements apply to projects in TDR Category #3:
.
Core Requirement #1: Discharge at Natural Location
Core Requirement #5: Erosion and Sediment Control
Core Requirement #6: Maintenance and Operations
.
.
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:
.
Core Requirement #7: Financial Guarantees and Liability
Core Requirement #8: Water Quality
Special Requirement #4: Source Control
Special Requirement #5: Oil ControL
.
.
.
CORE AND SPECIAL REQumEMENTS
Depending on the type of drainage review required as described in Chapter 4 and 5,
one or more Core or Special Requirements shall be met. The following sections
present all of the Core and Special requirements, which are described in detail in the
KCSWDM and Federal Way Addendum as indicated in Chapter 6.
Core Requirement #1 - Discharge at the Natural Location
All surface and storm water 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.
7-3
Cit 0 Federal Wa Storm water Mana ement Ordinance...
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Core Requirement #2 - Offsite Analysis
All proposed projects must submit an off site 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 Levell downstream analysis as described in the
KCSWDM and Federal Way Addendum.
"
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.
Core Réquirement #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.
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.
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.
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 Federal Way City Code
Chapter 22. .
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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.
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.
Special Requirement #2 - FloodplainlFloodway Delineation
Floodplains and floodways are subject to inundation during extreme events. The
lOO-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. It
7-5
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City of Federal Way Storm water Mana¡(ement Ordin~ce;,.. ,".,,",~;~"-- "
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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.
Special Requirement #4 - Source Control
Water quality source controls, many of which are listed in the KCSPCM, prevent
rainfall ap.d 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, sucli- 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, areta 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.
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.
7-6
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CHAPTER 8.
ADMINISTRATION
DIRECTOR
The Public Works director or a designee shall administer this Ordinance and shall be
referred to as the director. The director shall have the authority to develop and
implement administrative procedures to administer and enforce this Ordinance.
REVIEW AND APPROVAL
The director may approve, conditionally approve or deny an application for activities
regulated by this Ordinance.
ENFORÇEMENTAUTHORITY
The director shall enforce this Ordinance.
INSPECTION
All activities regulated by this Ordinance, except those exempt in Chapter 5, shall be
inspected by the director. The director 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 perfonned.
8-1
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CHAPTER 9.
ENFORCEMENT
GENERAL
Enforcement action shall be in accordance with this Ordinance whenever a person
has violated any provision of this Ordinance. The choice of enforcement action and
the severity of any penalty shall be based on the nature of the violation, the damage
or risk to the public or to public resources, and/or the degree of bad faith of the
person subject to the enforcement action.
STOP WORK ORDER
The Director shall have the authority to issue a stop work order or an order to
correct thé violation if an action is being undertaken in violation of this Ordinance.
If a portion of a project is in violation of this Ordinance, the Director. may issue a
stop work order for the entire project.
.
Content of Order. The order shall contain:
A description of the specific nature, extent, and time of
violation and the damage or potential damage; and
A notice that the violation or the potential violation cease and
desist, and, in appropriate cases, the specific corrective action
to be taken within a given time. A civil penalty may be issued
with the order.
.
Notice. A stop work order shall be imposed by a notice in writing
posted at the site and followed by written notice delivered by
certified mail with return receipt requested, or by personal service,
to the person incurring the same.
.
Effective Date. The stop work order issued under this Chapter shall
become effective immediately upon receipt by the person to whom
the order is directed.
.
Compliance. Failure to comply with the terms of a stop work order
shall result in enforcement actions including, but not limited to, the
issuance of a civil penalty.
9.1
City of Federal Way Storm water Mana.¡fement OrdÎ;ndiice:-..
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CIVIL PENAL IT
A person who fails to comply with the requirements of this Ordinance, who fails to
conform to the terms of an approval or order issued, who undertakes new
development without first obtaining City approval, or who fails to comply with a
stop work order issued under these regulations shall be subject to a civil penalty.
.
Amount of Penalty. The penalty shall not be less than $- or
exceed $ for each violation. Each day of continued violation or
repeated violation shall constitute a separate violation.
.
Aiding or Abetting. AI1y person who, through an act of commission
or omission, aids or abets in the violation shall be considered to
have committed a violation for the purposes of the civil penalty.
.
Notice of Penalty. A civil penalty shall be imposed by a notice in
Writing, either by certified mail with return receipt requested or by
personal service, to the person incurring the same from the
City/County. The notice shall describe the violation, approXimate
the date(s) of violation, and shall order the acts constituting the
violation to cease and desist, and, in appropriate cases, require
necessary corrective action within a specific time.
.
Application for Remission or Mitigation. AI1y person incurring a
penalty may apply in writing within - days of receipt of the penalty
to the City/County for remission or mitigation of such penalty.
Upon receipt of the application, the Public Works Department may
remit or mitigate the penalty only upon a demonstration of
extraordinary circumstances, such as the presence of information or
factors not considered in setting the original penalty. The decision
may be appealed to the Public Works Director within - days of the
decision.
.
Appeal of Civil Penalty. Persons incurring a penalty imposed by the
Director may appeal in writing within - days of the receipt of the
penalty to the [appropriate body]. The Public Works Department
decision may be appealed to the Hearing Examiner within - days of
the decision.
9-2
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...9. ENFORCEMENT
,.,)..'
Penalties Due
Penalties imposed under this Chapter shall become due and payable - days after
receiving it' unless application for remission or mitigation is made or an appeal is
filed. Whenever an application for remission or mitigation is made, penalties shall
become due and payable 30 days after receipt of the decision regarding the
remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall
become due and payable after all review proceedings and a final decision has been
issued confirming all or part of the penalty. If the amount of a penalty owed the
City is not paid within the time specified, the City may take any actions necessary
to recover such penalty.
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CHAPTER 10.
ADJUSTMENTS
For proposed projects subject to drainage review by Public Works, this process is provided
for the occasions when a project proponent desires to vary from one of the core or special
requirements, 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 they may be accepted up to the time Federal Way approves final
construction or accepts drainage facilities for maintenance.
TYPES OF ADJUSTMENTS
To facilitate the adjustment process and timely reVIew of adjustment proposals, the
following types of adjustments are provided:
.
Stariéiard Adjustments
Complex Adjustments
Experimental Design Adjustments
Blanket Adjustments
.
.
.
The appropriate use for each adjustment type is described in the KCSWDM and Federal
Way Addendum.
ADJUSTMENT AUTHORITY
The Federal Way Public Works Department shall have full authority to approve or deny all
types of adjustments for any proposed project subject to drainage review by Public Works.
CRITERIA FOR GRANTING ADJUSTMENTS
Adjustments to the requirements in the KCSWDM and Federal Way Addendum may be
granted provided that granting the adjustment will achieve the following:
.
Produce a compensating or comparable result that is in the public interest,
AND
.
Meet the objectives of safety, function, appearance, environmental
protection, and maintainability based on sound engineering judgment.
Where it has been demonstrated that meeting the criteria for producing a compensating or
comparable result will deny reasonable use of a property, the applicant shall produce the
best practicable alternative as determined by the director of Public Works. The director or
his/her designee shall assess the case to affirm that denial of reasonable use would occur
and to require the practicable alternative that best achieves the spirit and intent of the
requirement. Public Works staff shall provide recommendations to the director on the best
practicable alternative to be required.
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Granting any adjustment that would be in conflict with the requirements of any other
Federal Way department will require review and concurrence with that department.
~
Experimental Design Adjustments
Experimental design adjustments that request use of an experimental water quality
facility or flow control facility will be approved by Public Works on a limited basis if, upon
evaluation, Public Works agrees the following criteria are met:
.
The new design is likely to meet the identified target pollutant removal
goal or flow control performance based on limited data and theoretical
considerations, AND
.
Construction of the facility can, in practice, be successfully carried out,
AND
.
Maintenance considerations are included in the design, and costs are not
excessive or are born and reliably performed by the applicant or property
owner, AND
.
The applicant or property owner contributes a share of the cost of
monitoring to determine facility performance.
Conditions for approval of these adjustments may include a requirement for setting aside
an extra area and posting a financial guarantee for construction of a conventional facility
should the experimental facility fail. Once satisfactory operation of the experimental
facility is verified, the set aside area could be developed and the financial guarantee
released.
ADJUSTMENT APPLICATION AND REVIEW PROCESS
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.
The completed adjustment request application forms must be submitted to Public
Works along with sufficient engineering information (described in Chapter 2 of the
KCSWDM and Federal Way Addendum) to evaluate the request. The application
shall note the specific requirement for which the adjustment is sought.
The Public Works director or designee will review and either approve or deny the
adjustment request in writing following Public Work'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
10..2
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apply. Approvals of preapplication adjustments will expire one year after the
approval date, unless a complete permit application is submitted and accepted.
Blanket adjustments will be established by Public Works based on:
.
A previously approved standard, complex, preapplication, or experimental
design adjustment and supporting documentation, AND
.
Information presenting the need for the blanket adjustment. Typically,
blanket adjustments should apply globally to design or procedural
requirements and be independent of site conditions.
APPEAL PROCEDURE
The applicant may appeal the denial or approval conditions of an adjustment request by
submitting a formal letter to the Public Works 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. A per-hour review fee will be charged
to the applicant for City review of an appeal.
The Public Works Director or designee may grant an exception from the adjustment denial
or approval conditions provided that the Director's findings conclude that the request
satisfies the following criteria:
.
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;
.
That there are special physical circumstances or conditions affecting the
property such that the intent of the Core and Special Requirements has
been met;
.
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
.
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.
10-3
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CHAPTER1!.
SEVERABILITY
If any provision of this Ordinance or its application to any person, entity, or circumstance
is held invalid, the remainder of this Ordinance or the application of the provision to other
persons, entities, or circumstances shall not be affected.
11-1
SURFACE AND STORMWATER MANAGEMENT
§ 21-117
a period of two years. For subdivision retention/
detention facilities that the city may assume main-
tenance of pursuant to section 21-116, the defect
and maintenance bond shall be posted for a period
of two years or until the city assumes mainte-
nance, whichever is longer. The public works di-
rector shall not release the defect and mainte-
nance bond until all inspection fees are paid.
(Ord. No, 90-31, § 9(B), 2-13-90)
Sec. 21-114. Failure to complete proposed
work.
In the eyent of failure to comply with all the
conditions and terms of the permit and/or ap-
proval co\-ered by this article, the public works
director shall notify the permittee and surety in
writing, and failing to obtain response within
seven days from the receipt of notification may
order the work required to be satisfactorily com-
pleted or perform all necessary corrective work to
stabilize and restore disturbed areas and elimi-
nate hazards caused by not completing the work.
""he surety executing such bond shall continue to
~ firmly bound up to the limits of the bond, under
a continuing obligation for the payment of all nec-
essary costs and expenses that may be incurred or
expended by the city in causing any and all such
required work to be done. In no event shall the
liability of the surety exceed the amount stated in
the bond regardless of the number of years the
bond remains in force,
fOrd. :Ko, 90-31, § 9(C), 2-13-90)
Sec. 21.115. Liability insurance.
The person required to construct the facility pur-
suant to sections 21-89 through 21-91 shall main-
tain a liability policy in the amount of$500,000.00
per indh-idual, $500,000.00 per occurrence and
$100,000,00 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, re-
lating to the construction or maintenance of the
faCility. Proof of such liability policy shall be pro-
vided to the public works director prior to com-
mencing construction of any drainage facility, pro-
"ided that in the case of facilities assumed by the
ty for maintenance pursuant to section 21-116,
VJ'¿f k ~ ~ ~11
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such liability policy shall be terminated when the
city maintenance responsibility commences.
(Ord. No. 90-31, § 9(D), 2-13-90)
Sec. 21-116. Maintenance of subdivision re-
tention/detention facilities.
(a) Maintenance of all subdivision retention!
detention facilities shall remain the responsibility
of the person required to construct the retention/
detention facilities until all the conditions of this
section has been met.
(b) A retention/detention facility located within
and servicing only an individual lot shall not be
accepted by the city for maintenance and will re-
main the responsibility of persons holding title to
the property within which the facility is located.
(c) Only after all of the following conditions have
been met shall the city assume maintenance of
the subdivision retention/detention facility:
(1) All of the requirements of sections 21-111
through 21-115 have been fully met.
(2) All necessary easements or tracts entitling
the city to properly maintain the retention/
detention facility have been conveyed to the
city and boundary survey stakes estab-
lished.
(3) The public works director has conducted an
inspection and determined that the facility
has been properly maintained and is oper-
ating as designed. This inspection shall
occur two years after posting of the defect
and maintenance bond.
(Ord. No. 90-31, § 10, 2-13-90)
Cross reference-Subdivisions, ch. 20,
Sec. 21-117. Hazards.
(a) Whenever the public works director deter-
mines that any existing construction site, erosion/
sedimentation problem and/or drainage facility
poses a hazard to life and limb, endangers any
property and/or adversely affects the condition or
capacity of other drainage facilities, the safety and
operation of city right-of-way, utilities and/or other
property owned or maintained by the city, the
. person to whom the permit was issued pursuant
to sections 21-86 and 21-87, the owner of the prop-
erty within which the drainage facility is located,
1265
City of Federal Way
CITY OF .,
.
. . . ¿ EDERAL.
~ . ~ -
. . -
~~~
Stormwater Operation and
Maintenance Ordinance
Draft
April 1999
~
Tetra Tech/ KCM, Inc.
1917 First Avenue, Seattle, WA 98101-1027
#2840108
CITY OF FEDERAL WAY
STORMW ATER OPERATION AND
MAINTENANCE ORDINACE
D RAFT
APRIL 1999
Prepared for:
City of Federal Way
33530 1st Way South
Federal Way, WA 98003-6221
Prepared by:
~
Tetra TechIKCM, Inc.
1917 First Avenue
Seattle, Washington 98101-1027
(206) 443-5300
Project #2840108
City of Federal Way
Stormwater Operation and Maintenance Ordinance
TABLE OF CONTENTS
Title
Page No.
Section 1. Findings of Fact, Need, and Purpose ............................. 1
Finding of Fact """"""""""""""""""""""""""""'""""""""""""""""'" 1
Need.,....,.,....................",.....,.................,............................,....,....,..............1
Purpose.........................................................................................,.............. 1
Section 2. Definitions ............ ..... ..................................................... ...... 3
Section 3. General Provisions ............................................................. 5
Abrogation and Greater Restrictions ...............................................m....... 5
Interpretation..............................................................................,............... 5
State statutes and Regulations Adopted by Reference.............................. 5
Secti on 4. Ap plicab ili ty ... .............. ............. ........................ .................. 6
Section 5. Administration .................................................................... 7
Director,.....,...................,...................""""""",,"""""""""""""""""""....7
Inspection Authority ..............................................................,................"..7
Enforcement Authority """"""""""""""""""""""""""""""'"................7
Section 6. General Requirements ...................................................... 8
Ownership of Stormwater Facilities """"""""""""""""""""""""""""" 8
Public Stormwater Facilities...... ........... """""""""""""""""""""'" 8
Private Stormwater Facilities ...............................", '" """ ........ ......... 8
Maintenance Responsibility...............................................,.........."............8
Public Stormwater Facilities...................................................,..........8
Private Stormwater Facilities........ ....". """" """"""""",,"""""""'" 9
Minimum Maintenance Standards...................................,........,............,...9
Disposal of Waste from Maintenance Activities ........................................10
Section 7. Inspection Program ........................................................... 11
Inspection Requirements """,""""""""""""""""""""""""""".....,........,11
Right-of-Entry for Inspections """"""""""",,"""""""""""""""""""""" 11
Procedures for Gaining Entry to Stormwater Facilities............................ 11
Inspection Schedule """"""""""""""""""""""""""""""".....,................12
Inspection and Maintenance Records......................................................... 12
Reporting Requirements """""""""""""""",""""""""""""'".................13
Section 8. Enforcement .........'............................................................... 14
General,.......... .............. .... .............................................".. """'" ........... ...... 14
...TABLE OF CONTENTS
Order ....................................................,...................................................... 14
Civil Penalty.... ............... ................... ........................................ ................,. 14
Penalties Due .................................,...,........................................................15
Section 9.
Severability... ............ ..... .......... .............. ............. ................. 16
LL
SECTION 1.
FINDINGS OF FACT, NEED, AND PURPOSE
FINDINGS OF FACT
The Federal Way City Council hereby finds that:
NEED
.
Stormwater facilities are a common feature of urban development.
.
In order to function properly so that they perform as designed to prevent or
remove pollution and/or to reduce flooding, stormwater facilities must be
regularly inspected and. maintained.
.
If not adequately maintained, stormwater facilities can become sources of
pollut~nts to surface water and groundwater.
.
If not adequately maintained, stormwater facilities could fail and cause
considerable damage to the public.
The Federal Way City Council finds that this chapter is necessary in order to:
.
Ensure maintenance of all stormwater facilities within the City by setting
minimum standards for the inspection and maintenance of stormwater
facilities
.
Comply with Washington State Department of Ecology (Ecology) and Puget
Sound Water Quality Action Team (formerly Puget Sound Water Quality
Authority) regulations and requirements for local governments
.
Prevent contamination and/or degradation of the local drinking water
supply, surface water, groundwater and/or wildlife habitat
PURPOSE
The provisions of this ordinance are intended to:
.
Provide standards and procedures for inspection and maintenance of
stormwater facilities in Federal Way to provide for an effective, functional
stormwater drainage system.
Authorize the Federal Way Public Works Department to require that
stormwater facilities be operated, maintained and repaired in conformance
with this Ordinance.
.
.
,Establish the minimum level of compliance which must be met.
1
CITY OF FEDERAL WAY STORMWATER OPERATION AND MAINTENANCE ORDINANCE
.
Guide and advise all who conduct inspection and maintenance of stormwater
facilities.
.
Prevent harmful materials from leaking, spilling, draining, or being dumped
into any public or private stormwater system.
2
SECTION 2.
DEFTh1JTIONS
For the purposes of this chapter, the following definitions shall apply:
Best Management Practice or BMP means those practices that provide the best available
and reasonable physical, structural, managerial, or behavioral activity to reduce or
eliminate pollutant loads and/or concentrations leaving the site.
Federal Way Addendum to KCSWDM means the companion document to the King
County Surface Water Design Manual (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.
Harmful materials are 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 of the Washington Administrative Code (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 Chapters 246-290 WAC (public
Water Supplies), 173-200 WAC (Water Quality Standards for Ground Waters of the State
of Washington), 173-201 (Water Quality Standards for Surface Waters of the State of
Washington), 173-204 WAC (Sediment Management Standards), or 173-340 WAC (The
Model Toxics Control Act Cleanup Regulation).
lllicit Discharge means all non-stormwater discharges to stormwater drainage systems
that cause or contribute to a violation of state water quality, sediment quality, or ground
water quality standards, including but not limited to sanitary sewer connections,
industrial process water, interior floor drains, car washing, and greywater systems.
King County Surface Water Design Manual (KCSWDM) means the manual (and
supporting documents as appropriate) describing surface and storm water design and
analysis requirements, procedures, and guidance which has been formally adopted by the
City of Federal Way. The King County Surface Water Design Manual is available from
the King County Department of Development and Environmental Services or the
Department of Natural Resources.
Person means any individual (including their agents or assigns), partnership, corporation,
business, association, organization, cooperative, public or municipal corporation, or
government agency, however designated.
3
CITY OF FEDERAL WAY STORMWATER OPERATION AND MAINTENANCE ORDINANCE
Storm water 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.
Storm water 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, c'àtchbasins, oiVwater separators, sediment basins and modular pavement.
Stormwater facilities are described in the Stormwater Management ManJJal.
Storm water System Operation and Maintenance Manual means the Manual adopted
by reference and prepared by the City of Federal Way.
Utility shall mean the Federal Way Surface Water Management Utility.
4
SECTION 3.
GENERAL PROVISIONS
ABROGATION AND GREATER RESTRICTIONS
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.
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.
STATE STATUTES AND REGULATIONS ADOPTED BY REFERENCE
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:
.
RCWs
43.20
70.95
70.105
90.48
90.54
90.70
.
WACs
173-200
173-201A
173-216
173-220
173-204
173-303
173-304
173-340
246-290
Title
Drinking Water
Dangerous and Solid Waste
Dangerous Waste, MTCA, Sediment Standards
Ground Water, Surface Water, Sediment
Ground Water
Sediment
Title
Water Quality Standards for Ground Waters of the State of Washington
Water Quality Standards for Surface Waters of the State of Washington
State Waste Discharge Permit Program
National Pollutant Discharge Elimination System Permit Program
Sediment Management Standards
Dangerous Waste Regulations
Minimum Functional Standards for Solid Waste Handling
The Model Toxics Control Act Cleanup Regulation
Public Water Supplies
5
SECTION 4.
APPLI CABILITY
When any provision of any other chapter of the Federal Way Code conflicts with this chapter,
that which provides more environmental protection shall apply unless specifically provided
otherwise in this chapter.
The Federal Way Public Works Department is authorized to adopt written procedures for the
purpose of carrying out the provisions of this chapter.
6
SECTION 5.
ADMINISTRATION.
DIRECTOR
The Public Works director or a designee shall administer this Ordinance and shall be
referred to as the director. The director shall have the authority to develop and implement
administrative procedures to administer and enforce this Ordinance.
INSPECTION AUTHORITY
The director is directed and authorized to develop an inspection program for stormwater
facilities in Federal Way.
ENFORCEMENT AUTHORITY
The director shall enforce this Ordinance.
7
SECTION 6.
GENERAL REQUIREMENTS
OWNERSHIP OF STORMW ATER FACILITIES
Public Stormwater Facilities
The City of Federal Way shall own and maintain all elements of the storm drainage system
in the right-of-way and in easements or tracts dedicated to, and accepted by, the City of
Federal Way.
The City of Federal Way will not acquire or accept existing components of the stormwater
conveyance system (through easements, ownership, or other property rights) except when
needed for City of Federal Way construction projects identified in the Capital Facility Plan or
annual Capit~1 Improvement Program.
The City of Federal Way will accept ownership and responsibility for new RID systems
(through easements or other property rights) only if all of the following conditions are met:
1)
2)
3)
4)
5)
6)
There's a public benefit
An easement or property is offered by the property owner at no cost
The system meets City standards
There is access for City of Federal Way maintenance from public right-of-way
The City of Federal Way has adequate resources to maintain the system
The system serves a residential plat (rather than a short plat or commercial
property)
Private StorIIlwater Facilities
Stormwater systems located on private property shall be the responsibility of the owner to
operate, inspect, maintain and improve.
MAINTENANCE RESPONSffiILITY
All stormwater facilities shall be maintained in accordance with this Ordinance 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.
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.
8
CITY OF FEDERAL WAY STORMWATER OPERATION AND MAINTENANCE ORDINANCE
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 Ordinance and the Federal Way
Stormwater System Operation and Maintenance Manual.
In new subdivisions and short plats, maintenance responsibility for private drainage facilities
shall be specified on the face of the subdivision or short plat.
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
properties served by the facility, or finally, with the owners of the property on which the
facilities are rocated.
MINIMUM MAINT E NAN C EST AND AR D S
The following are the minimum standards for the maintenance of stormwater facilities:
.
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
.
Where maintenance and repair is found necessary to correct health or safety
problems, to control harmful materials 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. When maintenance and repair is
found necessary to prevent water quality degradation, such work shall be
completed within 14 calendar days. For other related problems,
maintenance or repairs shall be completed within 30 calendar days.
.
Where lack of maintenance is causing or contributing to a water quality
problem, immediate action shall be taken to correct the problem. Within 1
month, the director shall revisit the facility to assure that it is being
maintained.
.
Should the public works director have reasonable cause to believe that the
situation at a private stormwater facility is so adverse as to preclude written
notice, he, or she may take, the measures necessary to eliminate the
9
CITY OF FEDERAL WAY STORMWATER OPERATION AND MAINTENANCE ORDINANCE
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 article or other city requirement has been
posted, the public works director shall have the authority to collect against
the bond to cover costs incurred. If costs are incurred and a bond pursuant
to this article or other city requirement has been posted, the public works
director shall have the authority to collect against the bond to cover costs
incurred.
.
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).
.
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. Storage, handling and disposal shall be
conducted in accordance with Chapters 173-304 and 173-303 WAC.
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.
10
SECTION 7.
INSPECTION PROGRAM
INSPECTION REQUIREMENTS
The Director is authorized to develop inspection procedures and requirements for all public
and private stormwater facilities in the City of Federal Way.
RIGHT-OF-ENTRY FOR INSPECTIONS
Whenever implementing the Provisions of the inspection program or whenever there is cause
to believe that a violation of this Ordinance has been or is being committed, the inspector is
authorized to inspect all public and private portions of the stormwater drainage systems
within Feder,al Way during regular working hours and at other reasonable times to
determine compliance with the provisions of this Ordinance.
PROCEDURES FOR GAINING ENTRY TO STORMW ATER FACILITIES
Prior to making any inspections, the inspector shall present identification credentials, state
the reason for the inspection and request entry.
.
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.
.
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 an imminent hazard
to persons or property, the inspector may enter.
.
Unless entry is consented to by the owner or person(s) in control of the
property or portion of the property or unless conditions are reasonably
believed to exist which create imminent hazard, the inspector shall obtain a
search warrant, prior to entry, as authorized by the laws of the State of
Washington.
.
The inspector may inspect the stormwater drainage system without
obtaining a search warrant provided for in Subsection C above, provided the
inspection can be conducted while remaining on public property or other
property on which permission to enter is obtained.
.
In the event any person, whose property has previously been provided with
utility fee credits for on-site water quantity/quality control, refuses to allow
the Director to inspect said fac,ility or commits a violation of t1;lis Ordinance,
11
CITY OF FEDERAL WAY STORMWATER OPERATION AND MAINTENANCE ORDINANCE
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.
.
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 Ordinance, 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 mail.
INSPECTION SCHEDULE
The Director shall establish a master inspection and maintenance schedule to inspect all
publicly and privately owned stormwater. Inspections shall be annual. 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,
INSPECTION AND MAINTENANCE RECORDS
As existing stormwater facilities are encountered, they shall be added to the master
inspection and maintenance schedule. Records of new stormwater facilities shall include the
following:
.
As-built plans and locations.
.
Findings of fact from any exemption granted by the City of Federal Way.
.
Operations and maintenance requirements and records of inspections,
maintenance actions and frequencies.
.
Engineering reports, as appropriate.
12
CITY OF FEDERAL WAY STORMWATER OPERATION AND MAINTENANCE ORDINANCE
.
Owners of storm drainage systems will be required to provide the Director
with all existing inspection, maintenance and repair records, as well as any
record drawings or diagrams that they may have for their storm drainage
systems.
REPORTING REQUIREMENTS
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.
13
SECTION 8.
ENFORCEMENT
GENERAL
Enforcement action shall be in accordance with this Ordinance whenever a person has
violated any provision of this Ordinance. The choice of enforcement action and the severity
of any penalty shall be based on the nature of the violation, the damage or risk to the
public or to public resources, and/or the degree of bad faith of the person subject to the
enforcement action.
ORDER
The Director shall have the authority to issue an order to maintain or repair a component of
a stormwaterfacility or :BMP to bring it in compliance with this Ordinance, the Federal Way
Stormwater System Operation and Maintenance Manual and/or other City regulations.
.
Content of Order. The order shall contain:
A description of the specific nature, extent, and time of violation and
the damage or potential damage; and
A notice that the violation or the potential violation cease and desist,
and, in appropriate cases, the specific corrective action to be taken
within a given time. A civil penalty, described in the next section,
may be issued with the order.
.
Notice. An order shall be imposed by a notice in writing posted at the site
and followed by written notice delivered by certified mail with return
receipt requested, or by personal service, to the person incurring the same.
.
Effective Date. The order issued under this Chapter shall become effective
immediately upon receipt by the person to whom the order is directed.
.
Compliance. Failure to comply with the terms of an order shall result in
enforcement actions including, but not limited to, the issuance of a civil
penalty.
CIVIL PENALTY
A person who fails to comply with the requirements of this Ordinance or who fails to
conform to the terms of an order issued under these regulations shall be subject to a civil
penalty.
.
Amount of Penalty. The penalty shall not be less than $- or exceed
$ for each violation. Each day of continued violation or repeated
violation shall constitute a sep.arate violation.
14
CITY OF FEDERAL WAY STORMWATER OPERATION AND MAINTENANCE ORDINANCE
.
Aiding or Abetting. Any person who, through an act of commission or
omission, aids or abets in the violation shall be considered to have
committed a violation for the purposes of the civil penalty.
.
Notice of Penalty. A civil penalty shall be imposed by a notice in yvriting,
either by certified mail with return receipt requested or by personal
service, to the person incurring the same from the City/County. The notice
shall describe the violation, approximate the date(s) of violation, and shall
order the acts constituting the violation to cease and desist, and, in
appropriate cases, require necessary corrective action within a specific
time.
.
Application for Remission or Mitigation. Any person incurring a penalty
may, apply in writing within - days of receipt of the penalty to the
City/County for remission or mitigation of such penalty. Upon receipt of
the application, the Public Works Department may remit or mitigate the
penalty only upon a demonstration of extraordinary circumstancès, such as
the presence of information or factors not considered in setting the original
penalty. The decision may be appealed to the Public Works Director within
- days of the decision.
.
Appeal of Civil Penalty. Persons incurring a penalty imposed by the
Director may appeal in writing within - days of the receipt of the penalty
to the [appropriate body]. The Public Works Department decision may be
appealed to the Hearing Examiner within - days of the decision.
PENALTIES DUE
Penalties imposed under this Chapter shall become due and payable - days after receiving
it unless application for remission or mitigation is made or an appeal is filed. Whenever an
application for remission or mitigation is made, penalties shall become due and payable 30
days after receipt of the decision regarding the remission or mitigation. Whenever an
appeal of a penalty is filed, the penalty shall become due and payable after all review
proceedings and a final decision has been issued confirming all or part of the penalty. If
the amount of a penalty owed the City is not paid within the time specified, the City may
take any actions necessary to recover such penalty.
15
SECTION 9.
SEVERABILITY
If any provision of this Ordinance or its application to any person, entity, or circumstance is
held invalid, the remainder of this Ordinance or the application of the provision to other
persons, entities, or circumstances shall not be affected.
16
City of Federal Way
CITY OF .
.
- - _& EJ:J~
~ ¿ - -
- - - '
~»~
Water Quality Ordinance
Draft
April 1999
~
Tetra Tech/ KCM, Inc.
1917 First Avenue, Seattle, WA 98101-1027
#2840108
CITY OF FEDERAL WAY
WATER QUALITY ORDINANCE
D RAFT
APRIL 1999
Prepared for:
City of Federal Way
33530 1st Way South
Federal Way, WA 98003-6221
Prepared by:
~
Tetra TechIKCM, Inc.
1917 First Avenue
Seattle, Washington 98101-1027
(206) 443-5300
Project #2840108
City of Federal Way
Water Quality Ordinance
TABLE OF CONTENTS
Title
Page No.
1.
Purpose .................... ....................................................... .................. 1-1
2.
Defini ti 0 ns ............................ ....................... ...... .............. ................. 2-1
3.
Discharges into Federal Way Waters ......................................... 3-1
Illicit Connections ..................................................................,..,.................3-1
Prohibited Discharges .......................................................................,........3-1
Allowable Discharge """"""""""",""""""""""""""""""""""................3-2
4.
Best Management Practices ......................................................... 4-1
Stormwater Pollution Control ManuaL..................................................... 4-1
Exemptions ""'" .... ..... """""""'" """""""""""""""""" """" ,..... .... ..... .., ...4-1
5.
Administra ti 0 n ............. ......... ............ .............................................. 5-1
6.
Enforc emen t ............................. ...... ....... .......... ................................ 6-1
General....,..........................................""""""""""""""""",,"""""""""..,6-1
Voluntary Correction,........... """""""""""""""""" ..... .............. ..........,.... 6-2
Appicability ......, .... .........................."......................... .....,...... """""'" 6-2
General..............,........................................................,.......................6-2
Issuance of Voluntary Corection ...............................,........................ 6-2
Notice of Civil Violation """"""""""""""""""""""""""""""""""""""" 6-3
Issuance """"""","""""""""""""""""""""'"..................................6-3
Content ...,.................,.................................................,.......................6-3
Service of Notice............... """""""'" ................... ,.........".................. 6-4
Extension. .... ""","""""""""""""""""""""""""""""""""""""""" 6-4
JYlonetary Penalty................ ................. """"""""""""""""""""""" 6-4
Continued Duty to Correct.........................."....................................... 6-5
Collection of Monetary Penalty..... ............... """"""""""""""""""" 6-5
Declaration of Compliance................................................................. 6-5
Criminal Penalty.........,........ ...... ..........., ,....... ......... """"""""""'" ..........,.. 6-5
Right of Appeal.."............, ....., ....."......... """"""""""'" .......... ......... ......"... 6-5
Appeal to Hearing Examiner """""""""""""""""""""""""""""'" 6-5
Hearing Examiner Process........... """"""""" .................."..... '....,..... 6-6
Action of Hearings Examiner.........................................,................... 6-6
Failure to Appear ............................................................."................ 6-8
Appeal to Superior Court """"""""""""""""""""""""""""""""'" 6-8
Abatement by the City .............,...................................".................,..,........ 6-8
Entry to Buildings and Premises - Warrants.......................................,.... 6-9
... TABLE OF CONTENTS
7.
Hazards ............ ........ ......... '.........................,......... ..... ......... .............. 7-1
8.
Construction - In ten t......................................,.............................. 8-1
9.
Effective D ate .... .................................... .......................................... 9-1
10.
Severabili ty ... ............................... .................. ............. ..................... 10-1
LL
CHAPTER 1.
PURPOSE
PURPOSE
The purpose of this chapter is to protect the City's surface and ground water quality
by providing minimum requirements for reducing and controlling the discharge of
contaminants from commercial, industrial, governmental, agricultural and residential
and other land use activities in Federal Way. The City Council recognizes that water
quality degradation can result either directly from one discharge or through the
collective impact of many small discharges. Therefore, this chapter requires the
implementation of all known, available, and reasonable best management practices to
prevent the contamination of stormwater, and surface and ground water. Discharge
of process wastewater to surface and ground water is prohibited unless permitted by
the Washington State Department of Ecology.
The City of Federal Way, in recognition of the state government's interest in the
quality of all waters of the state, proclaims a public policy of working cooperatively
with the state government in a joint effort to extinguish the sources of water quality
degradation.
The City Council finds this chapter is necessary to protect the health, safety and
welfare of the residents of Federal Way and the integrity of the City s resources for
the benefit of all by:
Minimizing or eliminating water quality degradation
~
.
Preserving or enhancing the suitability of waters for recreation, fishing,
and other beneficial uses, and
.
Preserving and enhancing the aesthetic quality and biotic integrity of the
water.
The City Council also recognizes the importance of maintaining economic viability
while providing necessary environmental protection and believes this chapter helps
achieve both goals.
1-1
CHAPTER 2.
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this
chapter:
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.
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.
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. "Vhen 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.
Best Management Practice{s) or BMP(s) means those practices that provide the
best available and reasonable physical, structural, managerial, or behavioral activity
to reduce or eliminate pollutant loads and lor concentrations leaving the site.
BMP Manual means the King County "Stormwater Pollution Control Manual" (and
supporting documents as appropriate) describing best management practices, design,
maintenance, procedures, and guidance.
Chapter means this chapter and any administrative rules and regulations adopted to
implement this chapter.
City means the City of Federal Way.
Civil Infraction or civil violation means a violation for which a monetary penalty
may be imposed as specified in this chapter. Each day or portion of a day during
which a violation occurs or exists is a separate violation.
Director means the director of the Federal Way Department of Public Works, other
department directors specified in enforcement procedures established pursuant to this
chapter, or any duly authorized representatives of such directors.
2-1
City of Federal Wav Water Quality Ordinance...
Discharge 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.
Drainage facility means the system that collects, conveys, and stores surface and
storm water runoff. Drainage facilities shall include but not be limited to all surface
and storm water conveyance and containment facilities including streams, pipelines,
channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities,
retention/detention facilities, erosion/sedimentation control facilities and other
drainage structures and appurtenances, both natural and artificial.
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 or property or the environment.
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 vyhile protècting water quality and related natural resources.
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 Washington Administrative Code.
Ground water means water in a saturated zone or stratum beneath the surface of
land or below a surface water body.
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 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.
Omission means a failure to act.
Person means any individual (including their agents or assigns), partnership,
corporation, business, association, organization, cooperative, a public or municipal
corporation, or government agency, however designated.
Person responsible for the violation means any person who commits any act or
omission which is a civil violation or causes or permits a civil violation to occur or
remain upon property in the city, and includes but is not limited to the owner(s),
lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property
where a civil violation occurs.
Pollutant or Pollution means such contamination, or other alteration of the
physical, chemical, or biological properties of any 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.
2-2
..,2.DEFINITIONS
Repeat violation means a violation of the same regulation in any location by the
same person, for which voluntary compliance previously has been sought within two
years or a notice of civil violation has been issued within two years.
Source control BMP means a BMP intended to prevent contaminants from entering
surface and storm water and/or ground water 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 non-structural. Structural
source control BMPs involve the construction of a physical structure on site, 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 Washington Administrative Code.
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 ground water.
Treatment BMP means a BMP intended to remove contaminants once they are
already contained in storm water. Examples of treatment BMPs include oil/water
separators, biofiltration swales, and wet-settling basins.
2-3
CHAPTER 3.
DISCHARGES INTO FEDERAL WAY WATERS
ILLICIT CONNECTIONS:
Connections of conveyance systems to the storm drainage system or groundwater
infiltration systems which were not constructed or intended to convey precipitation
runoff, or which have been converted from such usage, are prohibited; with the
following exceptions:
.
Allowable discharges per Section 3.C.,
.
Discharges pursuant to a NPDES or State Waste Discharge Permit,
and
.
Connections conveying effluent from an approved onsite sewage
disposal system to its drainfield.
PROHIBITED DISCHARGES
It is unlawful for any person to discharge contaminants into surface and storm water,
ground water, or Puget Sound. Contaminants include, but are not limited, to the
following:
.
Trash or debris
.
Construction materials
.
Petroleum products including but not limited to oil, gasoline, grease,
fuel oil, heating oil
.
Antifreeze and other automotive products;
.
Metals in either particulate or dissolved form;
.
Flammable or explosive materials
.
Radioactive material;
.
Batteries;
.
Acids, alkalis, or bases;
.
Paints, stains, resins, lacquers, or varnishes;
.
Degreasers and/or solvents;
.
Drain cleaners;
3-1
City of Federal Way Water Quality Ordinance...
i1
, .
~
.
Pesticides, herbicides, or fertilizers;
.
Steam cleaning wastes;
.
Soaps, detergents, or ammonia;
.
Swimming pool or spa filter backwash;
.
Chlorine, bromine, or other disinfectants;
. Heated water;
. Domestic animal wastes;
. Sewage;
. Recreational vehicle waste;
.
Animal carcasses;
.
Food wastes;
.
Bark and other fibrous materials;
.
Collected lawn clippings, leaves, or branches;
.
Silt, sediment, or gravel;
.
Dyes (except as stated in subsection C.!. of this section);
.
Chemicals, not normally found in uncontaminated water;
.
Any other process associated discharge except as otherwise allowed in
this section;
.
Any hazardous material or waste, not listed above.
.
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 storm water or ground water:
.
Potable water, including water from water line flushing and hydrant
maintenance
.
Uncontaminated water from crawl space pumps or footing drains
3-2
...3. DISCHARGES INTO FEDERAL WAY WATERS
.
Lawn watering
.
Dechlorinated swimming pool water
.
Materials placed as part of an approved habitat restoration or bank
stabilization project
.
Natural uncontaminated surface water or ground water
.
Flows from riparian habitats and wetlands
.
Common practices for water well disinfection
.
Discharges resulting from diffuse or ubiquitous sources, such as
atmospheric deposition
.
Discharges resulting from dye testing authorized by the Director
.
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 should take steps to
ensure that the discharges resulting from such activities are minimized
and to ensure that future incidents are prevented to the greatest extent
possible
.
Other types of discharges as determined by the Director
3-3
CHAPTER 4:
BEST MANAGEMENT PRACTICES
STORMW ATER POLLUTION CONTROL MANUAL
The City has adopted the King County Stormwater Pollution Control Manual
(BMF Manual -insert code ~eference). The BMP Manual 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
tQ the KCSWDM. The BMP manual describes the types of regulated activities, the
types of contaminants generated by each activity, the contaminants affect on water
quality, the required source control BMPs and the available treatment BMPs. The
BMP Manual includes information on design and maintenance; allowable use of
alternative BMPs; and a schedule for BMP implementation.
New development activities and significant redevelopment of a site are subject to
other stormwater management requirements set forth in the King County Surface
Water Design Manual and Federal Way Addendum to KCSWDM, as adopted by the
City of Federal Way.
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 these BMPs do not sufficiently prevent contaminants from entering surface and
storm water or ground water, the Director may require implementation of additional
source control BMPs, and/or treatment BMPs, according to AKART.
'i
Persons shall apply BMPs according to the BMP manual so that when all appropriate
combinations of individual BMPs are utilized pollution of surface waters shall be
prevented. If all BMPs appropriate or required by the department are being applied
and pollution is still occurring, the discharger shall modify existing practices or apply
further water pollution control measures, selected or approved by the Director, to
prevent pollution from occurring. When applicable BMPs are not being implemented,
the Director may conclude that individual activities are causing pollution in violation
of this ordinance.
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.
EXEMPTIONS
It is intended that all persons shall apply appropriate BMPs, whether under the
authority of this ordinance or by other programs. Persons implementing alternative
BMPs through another federal, state, or local program will not be required to '
implement the BMPs prescribed in the BMP Manual unless the Director determines
the alternative BMPs to be ineffective at reducing the discharge of contaminants. If
4-1
City of Federal Way Water Quality Ordinance...,
the other program requires the development of a best management practices plan, the
person shall upon request make a copy of their completed plan available to Federal
Way within five days at no cost to the City. Persons who qualify for exemptions
include, but are not limited to, persons who:
.
Are required to obtain a general or individual NPDES permit for storm
water discharges from the Washington State Department of Ecology, or
.
Are implementing and maintaining, as scheduled, a farm management
plan approved by the Director, or
.
Are permitted under a Washington State Department of Ecology NPDES
general or individual permit for commercial dairy operations, or
.
Are engaged in forest practices, with the exception of forest practices
occurri~g on lands platted after January 1, 1960, or on lands being
converted to another use, or where regulatory authority is otherwise
provided to local government by RCW 76.09.240, or
.
Are identified by the Director as exempt from this section
4-2
CHAPTER 5.
ADMINISTRATION
The Director is authorized to implement the provisions of this chapter. The Director is
authorized to promulgate and adopt administrative rules and regulations for the
purpose of implementing and enforcing the provisions of this chapter. The Director
will coordinate the implementation and enforcement of this chapter with other
Departments of Federal Way Government.
5-1
CHAPTER 6.
ENFORCEMENT
GENERAL
If a person has properly designed, constructed, implemented and is maintaining
BMPs according to the BMP Manual, or is carrying out AKART as Fequired or
approved by the Director,_and contaminants continue to enter surface and storm
water or ground water; 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 that person shall not be in violation of section 3 (B) of this
ordinance. The said person however, is still liable for prohibited discharges through
illicit connections, dumping, spills, improper maintenance of BMPs, or other
discharges that allow contaminants to enter surface and storm water or ground water.
Persons shall apply BMPs according to the BMP manual so that when all appropriate
combinations of individual BMPs are utilized pollution of surface waters shall be
prevented. If all BMPs appropriate or required by the Director are being applied and
pollution is still occurring, the discharger shall modify existing practices or apply
further water pollution control measures, selected or approved by the Director, to
prevent pollution from occurring. When applicable BMPs are not being implemented,
the Director may conclude individual activities are causing pollution in violation of
this ordinance.
The Director, in consultation with other departments of Federal Way government,
will 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.
The Director shall have the right to enter at all reasonable times in or upon any
property, public or private, for the purpose of inspecting and investigating conditions
relating to the pollution of or the possible pollution of surface and/or ground waters
and take such actions as may be required to enforce the provisions of this chapter.
Such inspections shall be made in accordance with (Federal Way Code citation)
.
The Director may observe BMPs or examine and/or sample surface and
storm water or ground water as often as may be necessary to determine
compliance with this chapter. Whenever an on-site inspection of a property
is made, the findings shall be recorded and 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.
6-1
City of Federal Wav Water Quality Ordinance,..
.
When the Director has made a determination under subsection C.1. of this
section that any person is violating this chapter, the Director may require
,the violator to sample and analyze any discharge, surface and storm water,
ground water, and/or sediment, in accordance with sampling and analytical
procedures or requirements determined by the director. If the violator is
required to complete this sampling and analysis, a copy of the analysis
shall be provided to the Federal Way surface water management division.
In addition to any other penalty or method of enforcement, the prosecuting attorney
may bring actions for injunctive of other relief to enforce this chapter.
VOLUNTARY CORRECTION
Applicability. This section applies whenever the Director determines that a
violation pf this ordinance has occurred or is occurring.
General. The Director shall pursue a reasonable attempt to secure voluntary
correction by contacting the person responsible for the violation where possible,
explaining the violation and requesting correction.
Issuance of Voluntary Correction Agreement. A voluntary correction
agreement may be entered into between the person responsible for the violation and
the City, acting through the Director.
~.
.~
.
Content. The voluntary correction agreement is a contract between the
City and the person responsible for the violation under which such
person agrees to abate the violation within a specified time and
according to specified conditions. The voluntary correction agreement
shall include the following:
.
The name and address of the person responsible for the violation;
and
.
The street address or a description sufficient for identification of
the building, structure, premises, or land upon or within which the
violation has occurred or is occurring; and
.
A description of the violation and a reference to the provision(s) of
the city ordinance or regulation which has been violated; and
.
The necessary corrective action to be taken, and a date or time by
which correction must be completed; and
.
A statement, that by entering the voluntary correction agreement,
the person acknowledges responsibility for the violation and
agrees that the City may abate the violation and recover its costs
6-2
...6. ENFORCEMENT
and expenses and a monetary penalty pursuant to this chapter
from the person responsible for the violation if terms of the
voluntary correction agreement are not met; and
.
A statement, that by entering the voluntary correction agreement,
the person waives the right to an administrative appeal of the
violation and the required corrective action.
.
Extension - Modification. An extension of the time limit for
correction or a modification of the required corrective action may be
granted by the Director if the person responsible for the violation has
shown due diligence and/or substantial progress in correcting the
violation but unforeseen circumstances render correction under the
original conditions unattainable.
.
Abatement by the City. The city may abate the violation (in
accordance with section 6.VI.) if the terms of the voluntary correction
agreement are not met.
.
Collection of Costs. If the terms of the voluntary correction
agreement are not met the person responsible for the violation shall be
assessed a monetary penalty commencing on the date set for correction
and thereafter, in accordance with section 6.III.E. plus all costs and
expenses of abatement, in accordance with section 6.VI.
NOTICE OF CIVIL VIOLATION
ISSUANCE
When the Director determines that a violation has occurred or is occurring, and is
unable to secure voluntary correction pursuant to section II. the Director may issue a
notice of civil violation to the person responsible for the violation.
The Director may issue a notice of civil violation without having attempted to secure
voluntary correction as provided in section II. under the following circumstances:
.
When an emergency exists; or
.
'When a repeat violation occurs; or
.
When the violation creates a situation or condition which cannot be
corrected; or
Content
The notice of civil violation shall include the following:
.
The name and address of the person responsible for that violation; and
6-3
City of Federal Way Water Quality Ordinance...
.
The street address or a description sufficient for identification of the
building, structure, premises, or land upon or within which the
violation has occurred or is occurring; and
.
A description of the violation and a reference to the provision(s) of the
city ordinance or regulation which has been violated; and
.
The necessary corrective action to be taken, and a date or time by w~ich
correction must be completed after which the city may abate the
unlawful condition in accordance with section 6.VI.; and
.
A statement that a monetary penalty in an amount per day for each
violation as specified by Section 6.nLE. shall be assessed against the
person to whom the notice of civil violation is directed for each day, or
portion of a day, on which the violation continues following the date set
for ,correction; and
.
A statement that the costs and expenses of abatement incurred by the
city pursuant to section 6.VI. may be assessed against the person to
whom the notice of civil violation is directed; and
A statement that the person to whom the notice of civil violation is
directed may appeal the notice of civil violation as provided in Section
6.V..
.
.
Service of Notice
The Director shall serve the notice of civil violation upon the person to whom it is
directed, either personally or by mailing a copy of the notice of civil violation to such
person at their last known address. If the person to whom it is directed cannot after
due diligence be personally served within King County or if an address for mailed
service cannot after due diligence be ascertained, notice shall be served by posting a
copy of the notice of civil violation conspicuously on the affected property or structure.
Proof of service shall be made by a written declaration under the penalty of perjury
executed by the person effecting the service, declaring the time and date of service
and the manner by which the service was made. If notice is served by posting, the
declaration shall contain the facts showing that due diligence was used in attempting
to serve the person personally or by mail.
>
Extension,
Upon written request received prior to the correction date or time, the Director may
extend the date set for correction for good cause. The Director may consider
substantial completion of the necessary correction or unforeseeable circumstances
which render completion impossible by the date established as a good cause.
Monetary Penalty
The amount of the monetary penalty per day or portion thereof for each civil violation
is as follows:
1.
First violation, fifty dollars ($50.00);
6-4
...6. ENFORCEMENT
2.
Second violation, one hundred dollars ($100.00);
3.
Third violation, two hundred dollars ($200.00);
4.
Additional violations in excess of three, four hundred dollars ($400.00).
Continued Duty to Correct
Payment of a monetary penalty pursuant to this chapter does not relieve a person of
the duty to correct the violation.
Collection of Monetary Penalty
The monetary penalty constitutes a personal obligation of the person to whom the
notice of civil violation is directed. Any monetary penalty assessed must be paid
within 10 calendar days from the date of mailing of the hearing examiner's decision or
a notice from the city that penalties are due.
The city attorney or duly authorized representative is authorized to take appropriate
action to collect the monetary penalty.
Declaration of Compliance
When the Director has been notified by the responsible person that the corrective
action has been completed, and the Director is satisfied that the corrective action is
satisfactory, the Director shall issue a letter which shall so state, and shall also record
the date upon which the violation was fully corrected, beyond which no further
penalty shall accrue.
CRIMINAL PENALTY
Any willful violation of an order issued pursuant to Section 6.1I!. of this chapter for
which a criminal penalty is not prescribed by state law is a misdemeanor.
RIGHT TO APPEAL
Appeal to Hearing Examiner.
General. A person to whom a notice of civil violation is directed may appeal the
notice, including the determination that a violation exists, or may appeal the amount
of any monetary penalty imposed to the hearing examiner,
6-5
City of Federal Way Water Quality Ordinance....
How to appeal. A person shall appeal the civil citation by filing a written notice of
appeal with the office of the city clerk within fourteen (14) calendar days from the
date of service of the notice of civil violation.
i\lIonetary penalty. The monetary penalty for a continuing violation does not accrue
while the appeal is pending; however, the hearing examiner may impose a daily
monetary penalty from the date of service of the civil citation if he finds that the
appeal is frivolous or intended solely to delay compliance.
Hearings Examiner Process.
General. Appeals of issuance of a civil citation shall be conducted
XXXX:XXXXXXXX.
Note: This assumes that the process is correct(ed).
Otherwise, the following should be used instead:
usine: Process
Notice of héaring.
(Note: This should set a time frame for the hearing to occur and a requirement to
notify the appellant so may days in advance).
Prior Correction of Violation. Except in the case of a repeat violation or a violation
which creates a situation or condition which cannot be corrected, the hearing will be
canceled and no monetary penalty will be assessed if the Director approves the
completed required corrective action prior to the scheduled hearing.
~
Procedure. The hearing examiner shall conduct a hearing on the civil violation
pursuant to the rules of procedure of the hearings examiner. The Director and the
person to whom the notice of civil violation was directed may participate as parties in
the hearing and each party may call witnesses. The City shall have the burden of
proof to demonstrate by a preponderance of the evidence that a violation has occurred
and that the required corrective action, if applicable, is reasonable. The
determination of the Director as to the need for the required corrective action, and
consistency with the BMP manual or the AKART requirement shall be accorded
substantial weight by the hearings examiner in determining the reasonableness of the
required corrective action.
Action of Hearings Examiner
The hearing examiner shall determine whether the city has established by a
preponderance of the evidence that a violation has occurred and that the required
correction is reasonable and shall affirm, vacate, or modify the city's decision(s)
regarding the alleged violation and/or the required corrective action, with or without
written conditions.
The hearings examiner shall issue an order to the person responsible for the violation
which contains the following information:
.
The decision regarding the alleged violation including findings of fact
and conclusions based thereon in support of the decision;
6-6
...6. ENFORCEMENT
.
The required corrective action;
.
The date and time by which the correction must be completed;
.
The monetary penalties assessed based on the criteria in section C.3.b.
.
The date and time after which the city may proceed with abatement of
the unlawful condition if the required correction is not completed.
Assessment of Monetary Penalty. Monetary penalties assessed by the hearings
examiner shall be in accordance with the monetary penalty schedule in paragraph E
of this section,
.
The hearings examiner shall have the following options in assessing
monetary penalties:
. .
1. Assess monetary penalties beginning on the date the notice of civil
violation was issued and thereafter; or
2. Assess monetary penalties beginning on the correction date set by
the Director or an alternate correction date set by the hearings
examiner and thereafter; or
3. Assess no monetary penalties.
.
In determining the monetary penalty assessment, the hearing examiner
shall consider the following factors;
';
1. Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation;
2. Whether the person failed to appear at the hearing;
3. Whether the violation was a repeat violation;
4. Whether the person showed due diligence and/or substantial
progress in correcting the violation;
5, Whether a genuine code interpretation issue exists; and
6. Any other relevant factors.
.
The hearings examiner may double the monetary penalty schedule if
the violation was a repeat violation or in the case of a frivolous appeal.
In determining the amount of the monetary penalty for repeat
violations the hearings examiner shall consider the factors set forth in
subsection V.C.3.b(i-vi).
Notice of Decision, The hearing examiner shall mail a copy of the decision to the
appellant and to the Director within 10 working days of the hearing.
6-7
City of Federal Way Water Quality Ordinance...
Failure to Appear. If the person to whom the notice of civil violation was issued
fails to appear at the scheduled hearing, the hearings examiner will enter an order
finding that the violation occurred and assessing the appropriate monetary penalty.
The City will carry out the hearings examiner's order and recover all related
expenses, plus the cost of the hearing and any monetary penalty from that person.
Appeal to Superior Court. An appeal of the decision of the hearings examiner
must be filed with Superior Court within 20 calendar days from the date the hearings
examiner's decision was mailed to the person to whom the notice of civil violation was
directed, or is thereafter barred.
ABATEMENT BY THE CITY
The City may abate a condition which was caused by or continues to be a civil
violation when:
.
The terms of a voluntary correction agreement pursuant to section 6.II.
have not been met; or
.
A notice of civil violation has been issued pursuant to section 6.IIL and
the required correction has not been completed by the date specified; or
.
An appeal hearing has been held pursuant to section 6.V.and the
required correction has not been completed by the date specified in the
hearings examiner's order; or
~'
.
The condition is subject to summary abatement as provided for in
section 6.VI.B.
Summary Abatement. Whenever any violation of this code causes 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.
Authorized Action by the City. Using any lawful means, the Director may
enter upon the subject property and may remove or correct the condition which is
subject to abatement. The city may seek such judicial process as it deems necessary
to effect the removal or correction of such condition.
Recovery of Costs and Expenses. The costs, including incidental expenses, of
correcting the violation shall be billed to the person responsible for the violation
and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy
the property and shall become due and payable to the city at the City Clerk's office
within 10 calendar days. The term "incidental expenses" includes but shall not be
limited to personnel costs, both direct and indirect, including attorneys' fees; costs
6-8
...6. ENFORCEMENT
incurred in documenting the violation; hauling, storage and disposal expenses; and
actual expenses and costs of the city in preparing notices, specifications and
contracts, and in accomplishing and/or contracting and inspecting the work; and the
costs of any required printing and mailing.
Interference. No person shall obstruct. impede. or interfere with the citv or its
a2'ents. or with any person who owns. or holds anv interest or estate in anv propertv
in performin2' anv tasks necessary to correct the violation.
(Note: perhaps such interference should be a misdemeanor)
ENTRY TO BUILDINGS AND PREMISES - WARRANTS
Whenever necessary to make an inspection to determine whether a civil violation has
occurred 9r is occurring, or to enforce any provision of the City Code, or regulation
issued thereunder, violation of which is a civil violation under this chapter, the
Director may enter any building or premises at any reasonable time, provided if such
building or premise is occupied he shall first present credentials and demand entry.
If such building or premise is not occupied, he shall first make a reasonable effort to
locate the owner or other person having charge of the building or premises and
demand entry. If such entry is refused, or the owner or other person having charge of
the building or premises cannot be located, the Director shall have recourse to every
remedy provided by law to secure entry, including recourse to the district or superior
court for issuance of a warrant authorizing such entry and inspection.
Additional Enforcement Procedures. The provisions of this chapter are not
exclusive, and may be used in addition to other enforcement provisions authorized by
the Federal Way City Code except as precluded by law.
6-9
CHAPTER 7.
HAZARD S
Whenever the Director determines that any violation of this chapter poses a hazard to
public health, safety, or welfare; endangers any property; or adversely affects the
safety and operation of city right-of-way, utilities, and/or other property owned or
maintained by the county; the person holding title to the subject property, and/or
other person or agent in control of said property, upon receipt of notice in writing from
the Director shall within the period specified therein address the cause of the
hazardous situation in conformance with the requirements of this chapter.
Notwithstanding any other provisions of this chapter, whenever it appears to the
Director that conditions covered by this chapter exist requiring immediate action to
protect the public health and/or safety, the Director is authorized to enter at all times
in or upon' any such property, public or private, for the purpose of inspecting and
investigating such emergency conditions. The Director may without prior notice order
the immediate discontinuance of any activity leading to the emergency condition.
Failure to comply with such order shall constitute a misdemeanor as specified in
(Federal Way Code citation)
7-1
CHAPTER 8.
CONSTRUCTION - INTENT
This chapter is enacted as an exercise of the city's power to protect and preserve the
public health, safety, and welfare. Its provision shall be exempted 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. 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.
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.
8-1
CHAPTER 9.
EFFECTIVE DATE
The effective date of this ordinance shall be XXXXXXXXX, 1998.
9-1
CHAPTER 10.
SEVERABILITY
If any provision of this chapter or its application to any person or property is held
invalid, the remainder of the chapter or the application of the provision to other
persons or property shall not be affected.
10-1
Ci ty of Federal Way
Addendum to King County
Surface Water Design Manual
CITY OF ,
.._~
..... , ..... ..... .-
April 1999
~
Tetra Tech/ KCM, Inc.
1917 First Avenue, Seattle, WA 98101-1027
RAt
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PREFACE
HOW TO USE THIS
DOCUMENT
CITY OF ..
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~~RY
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, WASmNGTON
SURF ACE WATER
DESIGN MANUAL
04/07/99
FEDERAL WAY ADDENDUM TO KING COUNTY. WASHINGTON. SURFACE WATER DESIGN MANUAL
PREFACE
HOW TO USE THIS DOCUMENT
This addendum to the 1998 King County Surface Water Design Manual (KCSWDM) applies to
development proposals within the City of Federal Way. It includes all changes and deletions to the
KCSWDM adopted by the City of Federal Way and is to be used for guidance for drainage review and
design of stormwater facilities within the City.
Addendum Organization
The information presented in this addendum is organized as follows:
.
Preface-How to Use This Document: This preface provides instructions for using the City of
Federal Way's addendum to the KCSWDM. It also includes definitions for terms in the King County
manual that are used differently for the City of Federal Way; City departments that are equivalent to
county departments referred to in the KCSWDM; and designations from the King County manual that
do not apply for proposals in the City of Federal Way.
Chapter I-Drainage Review Requirements: A completely revised Chapter 1 has been provided in
this addendum. It is to be used instead of Chapter 1 in the 1998 KCSWDM for all proposals in the
City of Federal Way. This chapter sets forth the thresholds and requirements for drainage review,
describes the three types of drainage review, and summarizes the eight Core and four Special
Requirements,
Chapter 2-Drainage Plan Submittal: A completely revised Chapter 2 has been provided in this
addendum. It is to be used instead of Chapter 1 in the 1998 KCSWDM for all proposals in the City of
Federal Way, This chapter describes the required format and components of submittals for three types
of drainage review.
.
.
.
Chapter 3-Hydrologic Analysis and Design: The City of Federal Way has made no changes to
Chapter 3 of the 1998 KCSWDM, so the original King County version of this chapter applies for
proposals in the City of Federal Way. A page is included in this addendum as Chapter 3, referring the
user to the King County version.
Chapter 4-Conveyance System Analysis and Design: The City of Federal Way has made four
minor changes to Chapter 4 of the 1998 KCSWDM. A page is included in this addendum as
Chapter 4, providing replacement text for the four sections that are changed. Apart from these
changes, the King County version of Chapter 4 applies for proposals in the City of Federal Way.
Chapter 5-Flow Control Design: The City of Federal Way has made one minor change to
Chapter 5 of the 1998 KCSWDM. A page is included in this addendum as Chapter 5, providing
replacement text for the section that is changed. Apart from this change, the King County version of
Chapter 5 applies for proposals in the City of Federal Way.
.
.
Federal Way 1998 Surface Water Design Manual
04/07/99
PREFACE-HOW TO USE THIS DOCUMENT
.
Chapter 6-Water Quality Design: The City of Federal Way has made one minor change to
Chapter 6 of the 1998 KCSWDM. A page is included in this addendum as Chapter 6, providing
replacement text for the section that is changed, Apart from this change, the King County version of
Chapter 6 applies for proposals in the City of Federal Way.
Reference: The City of Federal Way has identified one correction to Reference 2B pertaining to
Hylebos Basin Plan standards. The KCSWDM incorrectly listed BW-l as a flow control standard,
The correct Hylebos Basin Plan base flow control standard is BW-2, and its correct King County flow
control conversion is to Flow Control Levell.
.
.
Appendix-Federal Way's Nonconforming Use Ordinance: This ordinance, attached to the
addendum as an appendix, sets forth the requirements for water quality improvements for
redevelopment projects and is frequently referenced in the City's modifications to the 1998
KCSWDM.
04/07/99
ii
Federal Way 1998 Surface Water Design Manual
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
DEFINITIONS
The following Federal Way definitions are also listed in the King County manual. The differences
between the two are minor in most cases and are highlighted with italics.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.
Also referred to as the" I DO-year flood." The base flood is determined for future flow conditions.
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 "reasonable required" are defined by the City flood hazard
regulations.
Major stream shall mean any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports a local or migratory fish population.
Minor stream shall mean any stream that does not meet the definition of major stream.
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.
Regulated Lakes shall mean the following wetlands as shown in the King County Wetlands Inventory
Notebooks, Volume 3 South (the term "Regulated Lakes" is a Federal Way term):
1, Lower Puget Sound 6, 7, 12, IS, 16 and 17.
2. Hylebos 2, 11, 13, and 16
Site means the legal boundaries of the parcel or parcels of land for which an applicant has or should have
applied for authority from the City of Federal Way to carry out a development activity, including any
drainage improvements required by this manual. This term is equivalent to the term "Subject Property" in
Federal Way City Code Chapter 22 (Zoning Code).
Wetlands (regulated wetland in Federal Way Zoning Code) means those areas that are inundated or
saturated by surface or ground water 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).
Federal Way 1998 Surface Water Design Manual
04/07/99
iii
PREFACE-HOW TO USE THIS DOCUMENT
CITY EQUIVALENTS FOR COUNTY AGENCIES AND
ORDINANCES
For proposals located within the City of Federal Way, all references in the KCSWDM to the following
King County departments are to be replaced by reference to the Federal Way Public Works Department:
. DDES (Department of Development and Environmental Services)
. DNR (Department of Natural Resources)
. SWM (Surface Water Management)
. WLR (Water and Land Resources)
For proposals in the City of Federal Way, all references in the KCSWDM to the King County Sensitive
Areas Ordinance (SAO) are to be replaced by reference to the City of Federal Way's Environmentally
Sensitive Areas regulations.
COUNTY DESIGNATIONS THAT DO NOT APPLY IN THE CITY
The following designations are used in the 1998 KCSWDM but are not currently used in the City of
Federal Way; any reference in the KCSWDM to the existence of areas with these designations or
thresholds or requirements for such areas is to be disregarded for development applications within the City
of Federal Way:
. Coal Mine Hazard Area
. Critical Drainage Area
. Lake Management Plan
. Landslide Hazard Drainage Area
.
Resource Stream (streams in Federal Way are primarily classified as "major" or "minor")
Rural Residential Development
.
.
Shared Facility
04/07/99
Federal Way 1998 Surface Water Design Manual
iv
CHAPTER 1
DRAINAGE REVIEW
AND REQUIREMENTS
CITY OF .
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, WASHINGTON
SURFACE WATER
DESIGN MANUAL
Section 1.1 Drainage Review 1-3
Section 1.1.0 Projects Requiring Drainage 1-6
Review
Section 1.1.2 Drainage Review Types and 1-7
Requirements
Section 1.1.3 Drainage Review Required By 1-14
Other Agencies
Section 1.1.4 Drainage Design Beyond 1-14
Minimum Compliance
Section 1.2 Core Requirements 1-15
Section 1.2.1 Core Reqmt #1: Discharge at the 1-15
Natural Location
Section 1.2.2
Section 1.2.3
Section 1.2.4
Section 1.2.5
Section 1.2.6
Section 1.2.7
Section 1 .2.8
Section 1.3
Section 1.3.1
Section 1.3.2
Section 1.3.3
Section 1.3.4
Section 1.3.5
Core Reqmt #2: Offsite Analysis
Core Reqmt #3: Flow Control
Core Reqmt #4: Conveyance
System
Core Reqmt #5: Erosion and
Sediment Control
Core Reqmt #6: Maintenance and 1-47
Operations
Core Reqmt #7: Financial
Guarantees and Liability
Core Reqmt #8: Water Quality
1-17
1-24
1-38
1-43
1-48
1-50
Special Requirements
1-59
Special Reqmt #1: Other Adopted 1-59
Area-Specific Requirements
Special Reqmt #2: Floodplain/
Floodway Delineation
Special Reqmt #3: Flood
Protection Facilities
Special Reqmt #4: Source Control 1-62
Special Reqmt #5: Oil Control 1-62
1-61
1-61
Section 1.4 Adjustment Process 1-65
Section 1.4.1 Adjustment Authority 1-66
Section 1.4.2 Criteria for Granting Adjustments 1-66
Section 1 .4.3 Adjustment Application Process 1-66
Section 1.4.4 Adjustment Review Process 1-67
Section 1 .4.5 Appeal Procedure 1-68
04/07/99
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
CHAPTER 1
DRAINAGE REVIEW AND REQUIREMENTS
This chapter describes the drainage review procedures and types, the drainage requirements, and the
adjustment procedures necessary to implement surface water runoff policies codified in Chapter 21 of the
Federal Way City Code (FWCC). It also provides direction for implementing more detailed procedures
and design criteria found in subsequent chapters of this manual.
Chapter Organization
The information presented in Chapter 1 is organized into four main sections as follows:
.
Section 1.1, "Drainage Review" (p. 1-3)
Section 1.2, "Core Requirements" (p. 1-15)
Section 1.3, "Special Requirements" (p. I-59)
Section 1.4, "Adjustment Process" (p. 1-65).
.
.
.
Each of these sections begins on an odd page so that tabs can be inserted by the user if desired for quicker
reference.
Key Words and Phrases
Several key words and phrases have specific definitions as they are used in this manual; those of particular
importance in determining drainage requirements are listed below. These and other terms are defined in
the "Definitions" section in the back of this manual. Many of these terms are also defined when first used
in this chapter.
. Acceptable discharge point . Natural discharge area
. Closed depression . New impervious surface
. Construct or modify . Pollution-generating impervious surface
. Direct discharge . Pollution-generating pervious surface
. Drainage area . Project site
. Equivalent area . Redevelopment project
. Existing site conditions . Replaced impervious surface
. Flow durations . Single family residential project
. Flowpath . Site (see also onsite and offsite)
. High-use site . Surface flow
. Hydraulically connected . Threshold discharge area
Federal Way 1998 Surface Water Design Manual 04/07/99
1-1
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
1.1
DRAINAGE REVIEW
Drainage review is the evaluation by the Federal Way Public Works Department (Public Works) permit
review staff of a proposed project's compliance with the drainage requirements of this manual. During
drainage review, Public Works permit review staff also evaluate the proposed project for compliance with
other Federal Way requirements (which are not covered in this manual), such as those specified in the
Nonconformance Ordinance, Environmentally Sensitive Areas regulations, and Hylebos Creek and Lower
Puget Sound Basin Plan. If required, drainage review becomes an integral part of the overall permìt
review process. This section describes when and what type of drainage review is required for a
proposed project and how to determine which drainage requirements apply.
Guide to Using Section 1.1 ,
The following steps arerecommendedforefficicnt use ofSectionLl: "
I. Detemúne whether your proposed project is subjectto the requirements of this manual by seeing if it
meets any of the thresholds for drainage review specified in Section l.l.l (p. 1.6). Making this
determination requires an understanding of the key definitions listed below.
2. If drainage review is required per Section 1.1.1. use the flow chart in Figure 1.12..A (p. 1-7) to
detemrine what type of drainage review will be conducted byPubtic Works. The type of drainage
review defines the scope of drainage requirements that wUl apply to your project as summarized in
Table 1.1.2.A (p. ].8).
3. Check the more detailed threshold information jn Section 1.1.2 (begjnning on paget-7) to verify that
you have detennined the correct type of drainage review.
4. After verifying drainage review type, use the information in Section 1.1.2 to determine which core
requirements (found in Section 1.2) and which special requirements (found in Section 1.3) must be
evaluated for compliance by your project. To determine what actions are necessary to comply with
each applicable core and special requirement, see the more detailed infonnation on these requirements
contained in Sections].2 and].3 of this chapter.
Note: For Steps 2 through 4, it is recommended that you arrange a predesign meeting with Public Works
pl~rmit review staff to confirm the type of drainage review and scope of drainage requirements that app('Þ'
10 your propo.çed project.
a KEY DEFINmONS
Proper application of the drainage review thresholds in this section requires an understanding of the key
definitions listed below, Other definitions can be found in the "Definitions" section of this manual.
Construct or modif)': 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
serves to concentrate previously unconcentrated surface and storm water runoff or serves to increase,
decrease, and/or redirect the conveyance of surface and storm water runcff.
High-use site: A commercial or industrial site that (1) has an expected average daily traffic (ADT) count
equal to or greater than 100 vehicles per 1,000 square feet of gross building area; (2) is subject to petroleum
storage or transfer in excess of 1,500 gallons per year, not including delivered heating oil; or (3) is 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.). Also included is any 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.
Federal Way 1998 Surface Water Design Manual
04/07/99
1-3
SECI10N 1.1 DRAINAGE REVIEW
Natural discharge area: An onsite area tributary to a single natural discharge location.
Natural discharge location: The location where runoff leaves the project site under existing site conditions
New impervious surface: The addition of a hard or compacted surface such as roofs, pavement, gravel, or
dirt, or the addition of a more compacted surface such as the paving of pre-existing dirt or gravel.
Pollution-generating impervious surface (pGIS): Those impervious surfaces considered to be a
significant source of pollutants in stormwater runoff. Such surfaces include those which are 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 (for more details, see page 1-51). Metal roofs are also
considered to be PGIS unless they are treated to prevent leaching.
Project site: That portion of a property or properties subject to proposed project improvements including
those required by this manual,
Redevelopment project: 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.
Replaced impervious surface: Any existing impervious surface on the project site that is proposed to be
removed down to bare soil or base course and replaced with pollution-generating impervious surface,
excluding impervious surface removed for the sole purpose of installing utilities.
Single family residential project: 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: 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 manual.
04/07/99
1-4
Federal Way 1998 Surface Water Design Manual
1.1 DRAINAGE REVIEW-KEY DEFlNrrlONS
Threshold discharge area: An onsite area draining to a single natural discharge location or multiple
natural discharge locations that combine within one-quarter-mile downstream (as determined by the
shortest flowpath). The examples below illustrate this definition. The purpose of this definition is to
clarify how the thresholds of this manual are applied to project sites with multiple discharge points.
Example of a Project Site
with a Single Natural
Discharge and a Single
Threshold Discharge Area
Natural
Natural
Discharge
location
Example of a Project Site
with Multiple Natural
Discharges and a Single
Threshold Discharge Area
Example of a Project Site
with Multiple Natural
Discharges and Multiple
Threshold Discharge Areas
Natural
..Qisc.tlas:ge--'" -
Area 2
\~ Natural -.-/ ¡ !~ Natural J!
\ Discharge I ! Discharge ¡
\ locations J \ locations /
. ' ! ,/
\" ,of ,
'., .i
\" / \ /
" ¡' . ,i
" \
\,./ \ ./
"""'" ,of '!;
. \ ,;
.,...~.~{ \ {
~ Mile Downstream ._i______------------------_!._-----------j-------
{shortest flow Dath\ ~ V ~
Federal Way 1998 Surface Water Design Manual
1-5
04/07/99
SECTION l.l
DRAINAGE REVIEW
1.1.1
PROJECTS REQUIRING DRAINAGE REVIEW
Drainage review is required for any proposed project (except those proposing only routine maintenance,
repair, or emergency modifications) that is subject to a Federal Way development proposal, pennit, or
approval listed at right, AND which meets anyone of the following conditions:
I. Is a single family residential or small site development,
OR
2. Adds 5,000 square feet1 or more of new impervious
surface, OR
3. Proposes to construct or modify a drainage pipe/ditch
that is 12 inches or more in size/depth, or receives surface
and storm water runoff from a drainage pipe/ditch that is
12 inches or more in size/depth, OR
T
H 4.
R
E
S
H
0
L
0 5.
Contains or is adjacent to a floodplain, stream, lake,
wetland, closed depression, or other environmentally
sensitive area as defined by Federal Way City Code
(Chapter 18 FWCC), OR
Is a redevelopment project as defined in Federal Way
City Code (Chapter 22-337) and the proposed
development meets or exceeds the thresholds of the
section.
If drainage review is required for the proposed project, the type
of drainage review must be detennined based on project and
site characteristics as described in Section 1.1.2, The type of
drainage review defines the scope of drainage requirements
which must be evaluated for project compliance with this
manual.
,FederafWayPeroûts and Approvals
Administrative Subdivision (Short Plat)
Binding Site Plan (BSP)
Clearing and Grading/LSM
Commercial Building
Experimental Design Adjustment"
Formal Subdivision (Plat)
Franchise Utility Right-of-Way Use
Preapplication Adjustment"
Right-of-Way Use
Shoreline Substantial Development"
Single Family Residential Building
Special Use"
Zoning Reclassification"
Zoning Variance"
.. Note: If the proposed project will
require subsequent permits subject to
drainage review, then Public Works
may allow the drainage review to be
deferred until application for the later
permits.
1 The threshold of 5,000 square feet or more of new impervious surface shall be applied by threshold discharge area and shall
include all impervious surface that will ultimately result from the proposed project (e,g., impervious surface that will result from
future homes within a plat or short plat).
1.6
Federal Way 1998 Surface Water Design Manual
04/07/99
1.1.2 DRAINAGE REVIEW 1YPES AND REQUIREMENTS
1.1.2
DRAINAGE REVIEW TYPES AND REQUIREMENTS
For most projects adding 5,000 square feet or more of impervious surface, the full range of core and
special requirements contained in Sections 1.2 and 1.3 must be evaluated for compliance through the
drainage review process, However, for some types of projects the scope of requirements applied is
narrowed to allow more efficient, customized review. Each of the following three drainage review types
tailors the review process and application of drainage requirements to a project's size, location, type of
development, and anticipated impacts to the local and regional surface water system:
. Small Site Drainage Review, Section 1.1.2.1 (p. 1-9)
. Targeted Drainage Review, Section 1.1.2.2 (p, 1-10)
. Full Drainage Review, Section 1.1.2.3 (p. 1-13)
Each project requires only one of the above drainage review types, with the single exception that a
project which qualifies for Small Site Drainage Review may also require Targeted Drainage Review.
Figure I.l.2.A can be used to determine which drainage review type would be required. This may entail
consulting the more detailed thresholds for each review type specified in the above-referenced sections.
Table I.l.2.A (next page) can be used to quickly identify which requirements are applied under each type
of drainage review. The applicant must evaluate those requirements that are checked off for a particular
drainage review type to determine what is necessary to meet compliance.
FIGURE 1.1.2.A FLOW CHART FOR DETERMINING TYPE OF DRAINAGE REVIEW REQUIRED
Is the project a single family residential or subdivision
project (as defined on page 1-4) that adds 2,000 to Yes
10,000 sf of new impervious surface AND clears < 2
acres OR < 35% of the site, whichever is greater?
SMAIL SITE DRAINAGE REVIEW
Section 1.1.2.1
Note: The project may also be subject to Targeted
Drainage Reviewas determined below.
No
Does the project add ~ 5.000 sf of
new impervious surface? No
Does the project have the characteristics 0 one or more of the following
categories (see the more detailed threshold language on p, HO)?
1, Projects that contain or are adjacent to floodplains or environmentally
sensitive areas.
2, Projects proposing to construct or modify a drainage pipe/ditch that is
12" or larger or receives runoff from a 12" or larger drainage pipe/ditch,
3, Redevelopment projects as defined in Federal Way City Code (Chapter
22-337),
Yes
No
Yes
Reassess whether
drainage review is
required per Section
1,1,1 (p, 1-6),
, '
TARGETED DRAINAGE REVIEW
<$ectionU.2:2: ",'
, '
, ' .
, '
, ,
, .. '
FULL ~:::,~~=~~ '
Federal Way 1998 Surface Water Design Manual
04/07/99
1-7
SECTION 1.1 DRAINAGE REVIEW
"',
. ,
" ' , ',""""" '. ,"'" ",:',..' ""1" ".,,~,:,:: ':,'1/:,','"", :.,¡,)!O,u.\,"..,"" ",:",,<: " """ ',' ,.
TABLE 1.1~A ,.",REQUJDMENTS,A!ÞPLØU):IJNDEIt:ti eJi,DIU.$. GRRËVIEW',TYPE
. ~" ":,\"""":"""".,::,,,.'~J¡:.,,:,\,,J("':""¡~1"r~""'<""""""""'::',.:",";,;'>¡\':":"'~'),\'," """""":".',,
Small Site Targeted Full
Drainage Drainage Drainage
Review Review Review
SMALL SITE REQUIREMENTS
CORE REQUIREMENT #1
Discharge at Natural Location
CORE REQUIREMENT #2
Offsite Analysis
CORE REQUIREMENT #3
Flow Control
CORE REQUIREMENT #4
Conveyance System
CORE REQUIREMENT #5
Erosion & Sediment Control
CORE REQUIREMENT #6
Maintenance & Operations
CORE REQUIREMENT #7
Financial Guarantees & Liability
CORE REQUIREMENT #8
Water Quality
SPECIAL REQUIREMENT #1
Other Adopted Requirements
SPECIAL REQUIREMENT #2
Floodpln/Floodwy Delineation
SPECIAL REQUIREMENT #3
Flood Protection Facilities
SPECIAL REQUIREMENT #4
Source Control
SPECIAL REQUIREMENT #5
Oil Control
Single family
residential
projects that add
2,000 to 10,000
sf of new
impervious
surface AND
clear
< 2 acres or <
35% of the site,
whichever is
greater.
./
Small Site projects or other small projects that
are not subject to Full Drainage Review as
determined in Sections 1.1.2.3 (p. 1-13), AND
which have the characteristics of one or more
of the following categories of projects:
1. Projects containing or adjacent to
floodplains/environmentally sensitive areas
2. Projects proposing to construct or modify a
drainage pipe/ditch that is 12" or larger or
receives runoff from a 12" or larger
drainage pipe/ditch
3. Redevelopment projects as defined in
Federal Way City Code (Chapter 22-337)(1)
Category Category Category
1 2 3
*(2)
./
./
./
All projects, including
redevelopment
projects, that add ~
5,000 sf of new
impervious surface but
do not qualify for
Small Site Drainage
Review.
./
./(3)
./(3)
./
./
./
./(3)
./(3)
./(3)
./(3)
./(3)
./(3)
./(3)
(1) Category 3 projects that install oil controls which construct or modify a 12-inch pipe/ditch are also Category 2 projects.
(2) May be applied by Public Works based on project or site-specific conditions.
(3) These requirements have exemptions or thresholds which may preclude or limit their application to a specific project.
*(2)
*(2)
*(2)
./
./
./
./
./
04/07/99
./
*(2)
*(2)
./(3)
./(3)
./(3)
*(2)
./(3)
./(3)
./(3)
./(3)
./(3)
./(3)
./(3)
1.8
Federal Way 1998 Surface Water Design Manual
1.1.2 DRAINAGE REVIEW TYPES AND REQUIREMENTS
1.1.2.1
SMALL SITE DRAINAGE REVIEW
Small Site Drainage Review is a simplified alternative to Full Drainage Review for small residential
building and subdivision projects adding less than 10,000 square feet of new impervious surface and
restricting site clearing to less than 2 acres or less than 35% of the site, whichever is greater. 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. These requirements include flow control Best
Management Practices (BMPs) such as setting aside open space to limit future site clearing, and using
simple measures such as splash blocks and gravel trenches to disperse or infiltrate runoff from impervious
areas. Also included are simple BMPs for erosion and sediment control (ESC). Formal water quality
treatment is not necessary. This alternative to Full Drainage Review acknowledges that drainage impacts
for many small development proposals can be effectively mitrgated without construction of costly flow
control and water quality facilities.
The Small Site Drainage Review process minimizes the time and effort required to design, submit, review,
and approve drainage facilities for these proposals. In most cases, the requirements can be met with
submittals prepared by contractors, architects, or homeowners without the involvement of a licensed civil
engineer.
Threshold
T Small Site Drainage Review is allowed for any project that is subject to drainage review as determined in
= Section 1.1.1 (p. 1-6) and that meets all of the following criteria:
E
s .
H
0
L .
0
The project is a single family residential project2 or small site development, AND
The project adds 2,000 to 10,000 square feet3 of new impervious surface, AND
The project clears less than 2 acres or less than 35% of the site, whichever is greater.
.
Note: Some projects qualifying for Small Site Drainage Review may also require Targeted Drainage
Review if they meet any of the threshold criteria in Section 1.1.2.2 (p, 1-JO).
Any potential small site proposal may elect to go through Full Drainage Review described in Section
1.1.2.3 (p. 1-13),
Scope of Requirements
R IF Small Site Drainage Review is allowed, THEN the applicant may apply the simplified small site
~ submittal and drainage design requirements detailed in Small Site Drainage Requirements adopted as
M Appendix C to this manual (detached) and available as a separate booklet from King County Department
T
s of Natural Resources or Department of Development and Environmental Services, These requirements
include simplified BMPs for flow control and erosion and sediment control. Note: An open space tract or
covenant may be required to preserve uncleared areas.
Exemption from Core and Special Requirements
The simplified drainage requirements applied under Small Site Drainage Review are considered sufficient
to meet the overall intent of the core and special requirements in Sections 1.2 and 1.3, except under certain
conditions when a proposed project has characteristics that trigger Targeted Drainage Review (see the
threshold for Targeted Drainage Review in Section 1.1.2.2, p. 1-10) and may require the involvement of a
licensed civil engineer. Therefore, any proposed project that qualifies for Small Site Drainage Review as
determined above and complies with the small site drainage requirements detailed in Appendix C is
2 Single family residential project is defined on page 1-4.
3 The threshold of 10,000 square feet of new impervious surface shall be applied by threshold discharge area and shall
include all impervious surface that will ultimately result from the proposed project (e.g., impervious surface that will result from
future homes within a plat or short plat),
Federal Way 1998 Surface Water Design Manual
04/07/99
1-9
SECI10N 1.1 DRAINAGE REVIEW
considered exempt from all core and special requirements in Sections 1.2 and 1.3 except those which would
apply to the project if it is subject to Targeted Drainage Review as specified in Section 1.1.2.2 (p. 1-10).
1.1.2.2
TARGETED DRAINAGE REVIEW
Targeted Drainage Review (TDR) is an abbreviated evaluation by Public Works pennit review staff of a
proposed project's compliance with selected core and special requirements. 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
engineering review staff. Under Targeted Drainage Review, engineering costs associated with drainage
design and review are kept to a minimum because the review includes only those requirements that would
apply to the particular project.
Threshold
Targeted Drainage Review is required for those projects subject to drainage review as detennined in
Section 1.1.1 (po 1-6), AND which are not subject to Full Drainage Review as detennined in Section
I. I .2.3 (p. 1-13), AND which have the characteristics of one or more of the following project categories:
. TDR Project Category #1: Projects that contain or are adjacent to a floodplain, stream, lake,
T
H wetland, closed depression, or other environmentally sensitive area as defined by the
: Environmentally Sensitive Areas Regulations (codified in FWCC Chapter 18).
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~. TDR Project Category #2: Projects that propose to construct or modify4 a drainage pipe/ditch that is
.. 12 inches or more in size/depth or receives surface and storm water runoff from a drainage pipe/ditch
0
that is 12 inches or more in size/depth.
TDR Project Category #3: Redevelopment projects as defined in Federal Way City Code (Chapter
22-337).
Scope of Requirements
.
R 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 project category or
~ categories that best match the proposed project. The project categories and applicable requirements for
S each are described below and summarized in Table I.I.2.A (p. 1-8).
Note: If the proposed project has the characteristics of more than one project category. the requirements
of each applicable category shall apply.
Compliance with these requirements requires submittal of engineering plans and/or calculations stamped
by a licensed civil engineer registered in the state of Washington, unless deemed unnecessary by Public
Works, The engineer need only demonstrate compliance with those core and special requirements that
have been predetennined to be applicable based on specific project characteristics as detailed below and
summarized in Table I.I.2.A (p. 1-8). The procedures and requirements for submittal of engineering
plans and calculations can be found in Section 2.3.
TDR Project Category #1
This category includes projects that are too small to trigger application of most core requirements, but
may be subject to site-specific floodplain or environmentally sensitive area requirements, or other
area-specific drainage requirements adopted by the City. Such projects primarily include single family
residential projects in Small Site Drainage Review.
4 Construct and modify is defined on page 1-3.
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1.1.2 DRAINAGE REVIEW TYPES AND REQUIREMENTS
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IF the proposed project meets the characteristics of TDR Project Category #1, THEN the applicant
must demonstrate that the project complies with the following five requirements:
Core Requirement #5: Erosion and Sediment Control, Section 1.2.5 (p. 1-43)
Special Requirement #1: Other Adopted Area-Specific Requirements, Section 1.3.1 (p. 1-59)
Special Requirement #2: FloodplainlFloodway Analysis, Section 1.3.2 (p. 1-61)
. Special Requirement #3: Flood Protection Facilities, Section 1.3.3 (p. 1-61)
. Special Requirement #4: Source Control, Section 1.3.4 (p. 1-62).
In addition, Public Works may require the applicant to demonstrate compliance with anyone or
more of the remaining seven core requirements in Section 1.2 based on project or site-specific
conditions. For example, if the proposed project contains or is adjacent to a Environmentally
Sensitive Areas regulations-defined landslide or steep slope hazard area, Public Works may require
compliance with "Core Requirement #1: Discharge at the Natural Location" (Section 1.2.1, p. I-IS).
This may in turn require compliance with "Core Requirement #2: Offsite Analysis" (Section 1.2.2, p.
1-17) if a tightline is required by Core Requirement # I. If a tightline is found to be unfeasible, Public
Works may instead require a flow control facility per "Core Requirement #3: Flow Control" (Section
1.2.3, p. 1-24). If a tightline is feasible, "Core Requirement #4: Conveyance System" (Section 1.2.4,
p. 1-38) would be required to ensure proper size and design. Any required flow control facility or
tightline system may also trigger compliance with "Core Requirement #6: Maintenance and
Operations" (Section 1.2.6, p. 1-47), "Core Requirement #7: Financial Guarantees and Liability"
(Section 1.2.7, p. 1-48), and possibly "Core Requirement #8, Water Quality" (Section 1.2,8, p. I-50) if
runoff from pollution-generating impervious surfaces is collected.
The applicant may also have to address compliance with any applicable environmentally sensitive
areas requirements in FWCC Chapter 18 as determined by Public Works.
TDR Project Category #2
This category is intended to apply selected core and special requirements to those projects that
propose to construct or modify a drainage system of specified size, but are not adding sufficient
impervious surface to trigger Full Drainage Review.
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IF the proposed project meets the characteristics of TDR Project Category #2, THEN the applicant
must demonstrate that the proposed project complies with the following requirements:
Core Requirement #1: Discharge at the Natural Location, Section 1.2.1 (p, I-IS)
Core Requirement #2: Offsite Analysis, Section 1.2.2 (p. 1-17)
Core Requirement #4: Conveyance System, Section 1.2.4 (p. 1-38)
Core Requirement #5: Erosion and Sediment Control, Section 1.2.5 (p. 1-43)
Core Requirement #6: Maintenance and Operations, Section 1.2.6 (p, 1-47)
Core Requirement #7: Financial Guarantees and Liability, Section 1.2.7 (p. 1-48)
Special Requirement #4: Source Control, Section 1.3.4 (p. 1-62).
TDR Project Category #3
This category is intended to improve water quality by applying water quality, source control and oil
control requirements to redevelopment projects. Some of these projects are classified as high-use sites
in the King County Surface Water Design Manual because of their intense vehicular use.
High-Use Site Definition: A high-use site is anyone of the following:
.
A commercial or industrial site with an expected average daily traffic (ADT) count equal to or
greater than 100 vehicles per 1,000 square feet of gross building area, OR
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SEcnON 1.1
DRAINAGE REVIEW
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A commercial or industrial site subject to petroleum storage or transfer in excess of 1,500 gallons
per year, not including delivered heating oil, OR
A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 or more diesel
vehicles that are over IO tons net weight (e.g., trucks, buses, trains, heavy equipment, etc.), OR
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.
IF the proposed project meets the characteristics of TDR Project Category #3, THEN the applicant
must demonstrate that the proposed project complies with the following requirements:
. Core Requirement # I: Discharge at Natural Location, Section 1.2.1 (p. 1-15)
. Core Requirement #5: Erosion and Sediment Control, Section 1.2.5 (p. 1-43)
. Core Requirement #6: Maintenance and Operations, Section 1.2.6 (p. 1-47)
. Core Requirement #7: Financial Guarantees and Liability, Section 1.2.7 (p. 1-48)
. Core Requirement #8: Water Quality, Section 1.2.8 (p. 1-50)
. Special Requirement #4: Source Control, Section 1.3.4 (p. 1-62)
. Special Requirement #5: Oil Control, Section 1.3.5 (p. 1-62).
.
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Note: In some cases, Public Works may determine that application of these requirements does not
require submittal of engineering plans and calculations stamped by a licensed civil engineer. For
example, if catch basin inserts are proposed to meet oil control requirements, engineered plans and
calculations may not be necessary. A plot plan showing catch basin locations may suffice.
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Federal Way 1998 Surface Water Design Manual
1.1,2 DRAINAGE REVIEW TYPES AND REQUIREMENTS
1.1.2.3
FULL DRAINAGE REVIEW
Full Drainage Review is the evaluation by Public Works permit review staff of a proposed project's
compliance with the full range of core and special requirements in this chapter. This review addresses the
impacts associated with adding new impervious surface and changing land cover on typical sites.
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Full Drainage Review is required for any proposed new and redevelopment projects that are subject to
drainage review as determined in Section 1.1.1 (p. 1-6). AND add 5.000 square feet or more of new
impervious surfaces but which do not qualify for Small Site Drainage Review as specified in Section
1.1.2.1 (p. 1-9)
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Scope of Requirements
IF Full Drainage Review is required. TIffiN the applicant must demonstrate that the proposed project
complies with the following requirements:
. All eight core requirements in Section 1.2
. All five special requirements in Section 1.3
Engineering plans and calculations stamped by a licensed civil engineer registered in the state of
Washington must be submitted to demonstrate compliance with these requirements. The procedures and
requirements for submittal of engineering plans and calculations can be found in Section 2.3.
S The threshold of 5,000 square feet or more of new impervious surface shall be applied by threshold discharge area and shall
include all impervious surface that will ultimately result from the proposed project (e.g., impervious surface that will result from
future homes within a plat or short plat),
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SEcnON 1.1 DRAINAGE REVIEW
1.1.3
1.1.4
DRAINAGE REVIEW REQUIRED BY OTHER AGENCIES
Drainage review for a proposed project's impact on surface and storm waters may be addressed by
processes or requirements apart from Federal Way's. Agencies such as those listed below may require
some form of drainage review and impose drainage requirements that are separate from and in addition to
Federal Way's drainage requirements. The applicant is responsible for coordinating with these agencies
and resolving any conflicts in drainage requirements.
.. .
Agency .' Permit/Approval
", >', ,'.,', ,
Seattle/King County Department of Public Health Onsite Sewage Disposal and Well permits
Washington State
Department of Transportation Developer/Local Agency Agreement
Department of Fish and Wildlife Hydraulic Project Approval
Department of Ecology Section 401 permit (Water Quality Certification)
Dam Safety permit
NPDES Stormwater permit
Department of Natural Resources Forest Practices Class IV permit
United States Army Corps of Engineers Sections 10 and 404 permits
DRAINAGE DESIGN BEYOND MINIMUM COMPLIANCE
This manual presents Federal Way's minimum standards for engineering and design of drainage facilities,
While the City believes these standards are appropriate for a wide range of development proposals,
compliance solely with these requirements does not relieve the professional engineer submitting designs of
his or her responsibility to ensure drainage facilities are engineered to provide adequate protection for
natural resources and public and private property.
Compliance with the standards in this manual does not necessarily mitigate all probable and significant
environmental impacts to aquatic biota. Fishery resources and other living components of aquatic systems
are affected by a complex set of factors. While employing a specific flow control standard may prevent
stream channel erosion or instability, other factors affecting fish and other biotic resources (such as
increases in stream flow velocities) are not directly addressed by this manual. Likewise. some wetlands.
including bogs, are adapted to a very constant hydrological regime. Even the most stringent flow control
standard employed by this manual does not prevent increases in runoff volume which can adversely affect
wetland plant communities by increasing the duration and magnitude of water level fluctuations. Thus,
compliance with this manual should not be construed as mitigating all probable and significant storm water
impacts to aquatic biota in streams and wetlands, and additional mitigation may be required.
In addition, the requirements in this manual primarily target the types of impacts associated with the most
typical land development projects occurring in the City. Applying these requirements to vastly different
types of projects, such as rock quarries or dairy farms, may result in poorer mitigation of impacts,
Therefore, different mitigation may be required.
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Federal Way 1998 Surface Water Design Manual
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
1.2
CORE REQUIREMENTS
This section details the following eight core requirements:
. Core Requirement #1: Discharge at the Natural Location, Section 1.2.1 (p. 1-15)
. Core Requirement #2: Offsite Analysis, Section 1.2.2 (p. 1-17)
. Core Requirement #3: Flow Control, Section 1.2.3 (p, 1-24)
. Core Requirement #4: Conveyance System, Section 1.2.4 (p. 1-38)
. Core Requirement #5: Temporary Erosion and Sediment Control, Section 1.2.5 (p. 1-43)
. Core Requirement #6: Maintenance and Operations, Section 1.2,6 (p. 1-47)
. Core Requirement #7: Financial Guarantees and Liability, Section 1.2.7 (p. 1-48)
. Core Requirement #8: Water Quality, Section 1.2.8 (p. I-50).
1.2.1
CORE REQUIREMENT #1:
DISCHARGE AT THE NATURAL LOCATION
~ All surface and storm water 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 (see
"Discharge Requirements" below),
Intent: To prevent adverse impacts to downstream properties caused by diversion of flow from one flowpath
to another, and to discharge in a manner that does not significantly impact downhill properties or drainage
systems. Diversions can cause greater impacts (due to greater runoff volumes) than would otherwise occur
from new development discharging runoff at the natural location. Diversions can also impact properties that
rely on runoff water to replenish wells and ornamental or fish ponds. Projects that do not discharge at the
natural location will require an approved adjustment of this requirement (see Section 104).
0 DISCHARGE REQUIREMENTS
Proposed projects must comply with the following discharge requirements (1, 2, and 3) as applicable:
I, Where no conveyance system exists at the abutting downstream property line and the natural (existing)
discharge is unconcentrated, any runoff concentrated by the proposed project must be discharged as
follows:
a) IF the I DO-year peak discharge6 is less than or equal to 0,2 cfs under existing conditions and will
remain less than or equal to 0.2 cfs under developed conditions, THEN the concentrated runoff
may be discharged onto a rock pad or to any other system that serves to disperse flows.
b) IF the I DO-year peak discharge is less than or equal to 0.5 cfs under existing conditions and will
remain less than or equal to 0.5 cfs under developed conditions, THEN the concentrated runoff
may be discharged through a dispersal trench or other dispersal system provided the applicant can
demonstrate that there will be no significant adverse impact to downhill properties or drainage
systems.
c) IF the }OO-year peak discharge is greater than 0.5 cfs for either existing or developed conditions,
or if a significant adverse impact to downhill properties or drainage systems is likely, THEN a
6 Peak discharges for applying this requirement are determined using KCATS as detailed in Chapter 3.
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SECßON 1,2 CORE REQUIREMENTS
3.
conveyance system must be provided to convey the concentrated runoff across the downstream
properties to an acceptable discharge poine Drainage easements for this conveyance system
must be secured from downstream property owners and recorded prior to engineering plan
approval.
For projects adjacent to or containing Environmentally Sensitive Areas regulations~defined landslide,
steep slope, or erosion hazard areas, the applicant must demonstrate that onsite drainage facilities
and/or flow control BMPs will not create a significant adverse impact to downhill properties or
drainage systems.
7 Acceptable discharge point means an enclosed drainage system (i.e., pipe system, culvert, or tightline) or open drainage
feature (e.g., ditch, channel, swale, stream, river, pond, lake, or wetland) where concentrated runoff can be discharged without
creating a significant adverse impact.
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1.2.2 CORE REQUIREMENT #2: OFFSITE ANALYSIS
1.2.2
CORE REQUIREMENT #2: OFFSITE ANALYSIS
~..R...,.......,., All proposed projects must submit an offsite analysis report that assesses potential offsite drainage impacts
E associated with development of the project site and proposes appropriate mitigations of those impacts.
: The initial pennit submittal shall include, at minimum, a Levell downstream analysis as described in
T Section 1.2.2.1 below.
Intent: To identify and evaluate offsite drainage problems that may be created or aggravated by the
proposed project, and to detennine appropriate measures for preventing aggravation of those problems in
accordance with the requirements of this manual.
The primary component of an offsite analysis report is the downstream analysis, which examines the
drainage system within one-quarter mile downstream of the project site or farther as described in Section
1.2.2.1 below. It is intended to identify existing or potentiaVpredictable downstream problems so that
appropriate mitigation, as specified in Section 1.2.2.2 (p. 1-21), can be provided to prevent aggravation of
these problems. A secondary component of the offsite analysis report is an evaluation of the upstream
drainage system to verify and document that impacts will not occur as a result of the proposed project.
The evaluation must extend upstream to a point where any backwater effects created by the project cease.
[J EXEMPTION FROM CORE REQUIREMENT #2
A proposed project is exempt from Core Requirement #2 if anyone of the following is true:
I, Public Works detennines there is sufficient information for them to conclude that the project will not
have a significant adverse impact on the downstream and/or upstream drainage system, OR
2. The project adds less than 5,000 square feet of new impervious surface, AND does not construct or
modify a drainage pipe/ditch that is 12 inches or more in size/depth or that receives runoff from a
drainage pipe/ditch that is 12 inches or more in size/depth, AND does not contain or lie adjacent to an
Environmentally Sensitive Areas regulations-defined landslide, steep slope, or erosion hazard area,
OR
3. The project does not change the rate, volume, duration, or location of discharges to and from the
project site (e,g" where existing impervious surface is replaced with other impervious surface having
similar runoff-generating characteristics, or where pipe/ditch modifications do not change existing
discharge characteristics).
1.2.2.1
DOWNSTREAM ANALYSIS
The downstream analysis must consider the existing conveyance system(s) for a minimum flowpath
distance downstream of one-quarter mile and beyond that as needed to reach a point where the project site
area constitutes less than 15% of the tributary area. This minimum distance may be increased as follows:
. Task 2 of a Levell downstream analysis (described in detail in Section 2.3.1.1) is a review of all
available information on the downstream area and is intended to identify existing drainage problems.
In all cases, this information review shall extend one mile downstream of the project site. The
existence of flooding, erosion, or nuisance problems may extend the one-quarter-mile minimum
distance for other tasks to allow evaluation of impacts from the proposed development to the
identified problems.
If a project's impacts to flooding, erosion, or nuisance problems are mitigated by improvements to the
downstream conveyance system, the downstream analysis will extend a minimum of one-quarter mile
beyond the improvement. This is necessary because many such improvements result in a reduction of
stormwater storage or an increase in peak flows from the problem site.
.
.
At their discretion, Public Works may extend the downstream analysis beyond the minimum distance
specified above on the reasonable expectation of impacts.
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SEcnON 1.2 CORE REQUIREMENTS
The Levell downstream analysis is a qualitative survey of each downstream system and is the first step
in identifying flooding, erosion, or nuisance problems as defined below under "Downstream Problems
Requiring Special Attention." Each Level I analysis is composed of four tasks at a minimum:
. Task I: Define and map the study area
.
Task 2: Review all available information on the study area
Task 3: Field inspect the study area
Task 4: Describe the drainage system, and its existing and predicted problems,
.
.
Upon review of the Levell analysis, Public Works may require a Level 2 or 3 downstream analysis,
depending on the presence of existing or predicted flooding, erosion, or nuisance problems identified in
the Level I analysis.
Levels 2 and 3 downstream analysis quantify downstream problems by providing information on the
severity and frequency of an existing problem or the likelihood of creating a new problem. A Level 2
analysis is a rough quantitative analysis (non-survey field data, uniform flow analysis). Level 3 is a more
precise analysis (survey field data, backwater analysis) of significant problems. If conditions warrant,
additional, more detailed analysis may be required beyond Level 3.
A detailed description of offsite analysis scope and submittal requirements is provided in Section 2.3.1.1.
Hydrologic analysis methods and requirements for Levels 2 and 3 downstream analysis are contained in
Chapter 3; hydraulic analysis methods are contained in Chapter 4,
[J DOWNSTREAM PROBLEMS REQUIRING SPECIAL ATTENT10N
While the basic flow control standards in Core Requirement #3 serve to minimize the creation and
aggravation of many types of downstream drainage problems, there are some types that are more sensitive
to aggravation than others depending on the nature or severity of the problem and which basic flow control
standard is being applied, In particular, there are three types of downstream problems where the City has
determined that the nature and/or severity of the problem warrants additional attention through the
downstream analysis and possibly additional mitigation to ensure no aggravation:
I. Conveyance system nuisance problems
2,
3.
Severe erosion problems
Severe flooding problems.
Conveyance system nuisance problems are minor but chronic flooding or erosion problems that result from
the overflow of a constructed conveyance system that is substandard or has become too small due to
upstream development. Such problems warrant additional attention because of their chronic nature and
because they result from the failure of a conveyance system to provide a minimum acceptable level of
protection (see definition below). Severe flooding and erosion problems as defined below also warrant
additional attention because they either pose a significant threat to health and safety or can cause significant
damage to public or pri\'ate property.
Conveyance System Nuisance Problems (Type 1)
Nuisance problems in general are defined as any existing or predicted flooding or erosion which does not
constitute a severe flooding or erosion problem as defined below. Conveyance system nuisance problems
are defined as any nuisance flooding or erosion that results from the overflow of a constructed conveyance
system for runoff events less than or equal to a lO-year event. Examples include inundation of a shoulder
or lane of a roadway, overflows collecting in yards or pastures, shallow flows across driveways, minor
flooding of crawl spaces or unheated garages/outbuildings, and minor erosion.
If a conveyance system nuisance problem is identified or predicted downstream, the need for additional
mitigation must be evaluated as specified in Section 1.2.2.2 under "Problem-Specific Mitigation
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Federal Way 1998 Surface Water Design Manual
1.2.2 CORE REQUIREMENT #2: OFFSITE ANALYSIS
Requirements"(p. 1-22). This may entail additional onsite flow control or other measures as needed to
prevent creation or significant aggravation of the problem.
For any other nuisance problem which may be identified downstream, this manual does not require
mitigation beyond the basic flow control standard applied in Core Requirement #3. This is because to
prevent aggravation of such problems (e.g., those caused by the elevated water surfaces of ponds, lakes,
wetlands, and closed depressions or those involving downstream erosion) can require two to three times as
much onsite detention volume, which is considered unwarranted for addressing nuisance problems,
However, if under some unusual circumstance, the aggravation of such a nuisance problem is determined
by Public Works to be a significant adverse impact, additional mitigation may be required.
Severe Erosion Problems (Type 2)
Severe erosion problems are defined as downstream channels, ravines, or slopes with evidence of or
potential for erosion/incision sufficient to pose a sedimentation hazard to downstream conveyance systems
or pose a landslide hazard by undercutting adjacent slopes. Severe erosion problems do not include
roadway shoulder rilling or minor ditch erosion.
If a severe erosion problem is identified or predicted downstream, additional mitigation must be
considered as specified in Section 1.2.2.2 under "Problem-Specific Mitigation Requirements" (p. 1-22).
This may entail additional onsite flow control or other measures as needed to prevent creation or
aggravation of the problem.
Severe Flooding Problems (Type 3)
Severe flooding problems can be caused by conveyance system overflows or the elevated water surfaces of
ponds, lakes, wetlands, or closed depressions. Severe flooding problems are defined as follows:
. Aooding of the finished areaB of a habitable building,9 or the electrical/heating system of a habitable
building for runoff events less than or equal to a I DO-year event. Examples include flooding of
finished floors of homes and commercial or industrial buildings, or flooding of electrical/heating
system components in the crawl space or garage of a home. Such problems are referred to in this
manual as "severe building flooding problems."
Flooding over all lanes of a roadwalo or severely impacting a sole access drivewal' for runoff
events less than or equal to the I DO-year event. Such problems are referred to in this manual as
"severe roadway flooding problems."
If a severe flooding problem is identified or predicted downstream, the need for additional mitigation must
be evaluated as specified in Section 1.2.2.2 under "Problem-Specific Mitigation Requirements" (p, 1-22),
This may entail consideration of additional onsite flow control or other measures as needed to prevent
creation or significant aggravation of the problem.
.
B Finished area, for the purposes of this definition, means any enclosed area of a building that is designed to be served by the
building's permanent heating or cooling system.
9 Habitable building means any residential, commercial, or industrial building that is equipped with a permanent heating or
cooling system and an electrical system,
'0 Roadway, for the purposes of this definition, means the traveled portion of any public or private road or street classified as
such in the King County Road Standards,
" Sole access driveway means there is no other unobstructed, flood-free route for emergency access to a habitable building.
Severely impacting means the flooding overtops a culverted section of the driveway, posing a threat of washout or unsafe
access conditions due to indiscemible driveway edges, or the flooding is deeper than 6 inches on the driveway, posing a
severe impediment to emergency access,
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SECTION 1.2 CORE REQUIREMENTS
1.2.2.2
IMPACT MITIGATION
A proposed project must not significantly aggravate existing downstream problems or create new
problems as a result of developing the site. This manual does not require development proposals to fix
or otherwise reduce the severity of existing downstream drainage problems, although doing so may be an
acceptable mitigation.
!:I PRINCIPLES OF IMPACT MmGATION
Aggravation of an existing downstream problem means increasing the frequency of occurrence
and/or severity of the problem. Increasing peak flows at the site of a problem caused by conveyance
system overflows can increase the frequency of the problem's occurrence. Increasing durations of flows at
or above the overflow return frequency can increase the severity of the problem by increasing the depth
and duration of flooding. Controlling peaks and durations through onsite detention can prevent
aggravation of such problems by releasing the increased volumes due to development only at return
frequencies below the conveyance overflow return frequency, with the net result of causing the
conveyance system to flow full for a longer period of time.
When a problem is caused by high water-surface elevations of a volume-sensitive water body, such as a
lake, wetland, or closed depression, aggravation means the same as for problems caused by conveyance
overflows, Increasing the volume of flows to a volume-sensitive water body can increase the frequency of
the problem's occurrence. Increasing the duration of flows for a range of return frequencies both above
and below the problem return frequency can increase the severity of the problem; mitigating these impacts
requires control of flow durations for a range of return frequencies both above and below the problem
return frequency. The net effect of this duration control is to release the increased volumes due to
development only at water surface elevations below that causing the problem, which in turn can cause an
increase in these lower, but more frequently occurring, water surface elevations. This underscores an
unavoidable impact of development upstream of volume-sensitive water bodies: the increased volumes
generated by the development will cause some range of increase in water surface elevations, no matter
what detention standard is applied.
Creating a new problem means increasing peak flows and/or volumes such that after development,
the frequency of conveyance overflows or water suñace elevations exceeds the thresholds for the
various problem types discussed in Section 1.2.2.1. For example, application of the Level I flow control
standard requires matching predeveloped and developed 2- and IO-year peak flows, The IOO-year peak
flow is only partially attenuated, and the flow increase may be enough to cause a "severe flooding problem"
as described on page 1-19. The potential for causing a new problem is often identified during the Level I
downstream analysis, where the observation of a reduction in downstream pipe sizes, for example, may be
enough to predict creation of a new problem. A Level 2 or 3 analysis will typically be required to verify the
capacity of the system and determine whether IOO-year flows can be safely conveyed.
!:I SIGNIFICANCE OF IMPACTS TO EXISTING PROBLEMS
The determination of whether additional onsite mitigation or other measures are needed to address an
existing downstream problem depends on the significance of the proposed project's predicted impact on
that problem. For some identified problems, Public Works will make the determination as to whether the
project's impact is significant enough to require additional mitigation. For the downstream problems
defined on pages 1-20 and 1-19, this threshold of significant impact or aggravation is defined below.
For conveyance system nuisance problems, the problem is considered significantly aggravated if there
is any increase in the project's contribution to the frequency of occurrence and/or severity of the problem
for runoff events less than or equal to the IO-year event. Note: Increases in the project's contribution to
this type of problem are considered to be prevented if sufficient onsite flow control and/or offsite
improvements are provided as specified in Table 1.2.3.A (p. 1-26).
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1.2.2 CORE REQUIREMENT #2: OFFSITE ANALYSIS
For severe erosion problems, the problem is considered significantly aggravated if there is any increase in
project's contribution to the flow duration 12 of peak flows ranging from 50% of the 2-year peak flow up to
the full 50-year peak flow at the eroded area. Note: Increases in the project's contribution to this type of
problem are considered to be prevented if Level 2 flow control or offsite improvements are provided as
specified in Table 1.2.3.A (p. 1-26),
For severe building flooding problems, the problem is considered significantly aggravated if there is any
increase in the project's contribution 13 to the frequency, depth, and/or duration of the problem for runoff
events less than or equal to the I DO-year event.
For severe roadway flooding problems, the problem is considered significantly aggravated if any of the
following thresholds are exceeded and there is any increase in the project's contribution28 to the frequency,
depth, and/or duration of the problem for runoff events less than or equal to the I DO-year event:
. The existing flooding 14 over all lanes of a roadway or overtopping the culverted section of a "sole
access driveway" is predicted to increase in depth more than a quarter-inch or 10% (whichever is
greater) for the loo-year runoff event.
. The "existing flooding" over all lanes of a roadway or "severely impacting a sole access driveway"
is more than 6 inches deep or faster than 5 feet per second for runoff events less than or equal to the
I DO-year event.
.
The "existing flooding" over all lanes of a sole access roadway15 is more than 3 inches deep or faster
than 5 feet per second for runoff events less than or equal to the loo-year event, or is at any depth for
runoff events less than or equal to the IO-year event.
[J PROBLEM-SPECIFIC MITIGATION REQUIREMENTS
1.
IF a proposed project or threshold discharge area within a project drains to one or more of the three
types of downstream drainage problems defined in Section 1.2.2.1 (pages 1-20 and 1-19) as identified
through a downstream analysis, THEN the applicant must do one of the following:
a) Submit a Level 2 or Level 3 downstream analysis per Section 2.3.1 demonstrating that the
proposed project will not create or significantly aggravate the identified downstream problem(s),
OR
b) Show that the natural discharge area or threshold discharge area draining to the identified
prob1em(s) qualifies for an exemption from Core Requirement #3: Flow Control, OR
c) Document that the basic area-specific flow control standard required in Core Requirement #3 is
adequate to prevent creation or significant aggravation of the identified downstream problem(s) as
indicated in Table 1.2.3.A (p. 1-26) with the phrase, "No additional flow control needed," OR
d) Provide additional on site flow control necessary to prevent creation or significant aggravation of
the downstream problem(s) as specified in Table 1.2.3.A (p. 1-26) and further detailed in
Section 3.3.5, OR
12 Flow duration means the aggregate time that peak flows are at or above a particular flow rate of interest (e.g., the amount of
time over the last 40 years that peak flows were at or above the 2-year flow rate).
13 Increases in the project's contribution are considered to be prevented if sufficient onsite flow control and/or offsite
improvements are provided as specified for 'severe flooding problems' in Table 1.2.3,A (p, 1-26), For 'severe flooding
problems' associated with projects that drain to Puget Sound, increases in the project's contribution are considered negligible
(zero) regardless of the flow control standard being applied, unless Public Works determines there is a potential for increased
flooding,
14 Existing flooding, for the purposes of this definition, means flooding over all lanes of the roadway or driveway has occurred in
the past and can be verified by City records, City personnel, photographs, or other physical evidence.
15 Sole access roadway means there is no other flood-free route for emergency access to one or more dwelling units.
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SECI10N 1.2 CORE REQUIREMENTS
e) Provide offsite improvements necessary to prevent creation or significant aggravation of the
identified downstream problem(s) as detailed in Chapter 3 unless identified as not necessary in
Table 1.2.3,A (p. 1-26), OR
t) Provide a combination of additional on site flow control and offsite improvements sufficient to
prevent creation or significant aggravation of the downstream problem(s) as demonstrated by a
Level 2 or Level 3 downstream analysis.
2. IF it is identified that the manner of discharge from a proposed project may create a significant
adverse impact as described in Core Requirement #1, THEN Public Works may require the applicant
to implement additional measures or demonstrate the impact will not occur.
Intent: To ensure provisions are made (if necessary) to prevent creation or significant aggravation of the
three types of downstream problems requiring special attention by this manual, and to ensure compliance
with the discharge requirements of Core Requirement #1.
In addressing downstream problems per Problem-Specific Mitigation Requirement I above, the easiest of
the provisions to implement will often be that of additional onsite flow control. This involves designing
the required onsite flow control facility to meet an additional set of performance criteria targeted to
prevent significant aggravation of specific downstream problems. To save time and analysis, a set of
predetermined flow control performance criteria corresponding to each of the three types of downstream
problems is provided in Table 1.2.3.A (p. 1-26) and described in more detail in Chapter 3.
Note that in some cases the basic area-specific flow control standard applicable to the proposed project per
Section 1.2.3.1 (p. 1-32) is already sufficient to prevent significant aggravation of many of the defined
downstream problem types. Such situations are noted in Table 1.2.3.A (p, 1-26) as not needing additional
onsite flow control or offsite improvements. For example, if the Level 2 flow control standard is required
by Section 1.2.3.1 (p. 1-33), and a "conveyance system nuisance problem" is identified through offsite
analysis per Core Requirement #2, no additional onsite flow control is needed, and no offsite
improvements are necessary.
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Federal Way 1998 Surface Water Design Manual
1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
1.2.3
CORE REQUIREMENT #3: FLOW CONTROL
All proposed projects, induding redevelopment projects, must provide on site flow control facilities to
R mitigate the impacts of increased storm and surface water runoff generated by the addition of new
E impervious surface and any related land cover conversion. These facilities shall, at a minimum, meet the
Q
M performance criteria for one of the area-specific flow control standards described in Section 1.2.3.1
T (p. 1-32) and be implemented according to the applicable flow control implementation requirements in
Section 1.2.3.2 (p. 1-36).
Intent: To ensure the minimum level of control needed to protect downstream properties and resources
from increases in peak, duration, and volume of runoff generated by new development. The level of control
varies depending on location and downstream conditions identified under Core Requirement #2.
Federal Way 1998 Surface Water Design Manual
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SECfION 1,2 CORE REQUIREMENTS
",,', "","","'¡,'¡:',^"""',"""""....',,,'
Guide to Applying Core'Req' uirem,erit-#3 ":",i,:::::}è~"~,:('Ä'~~';x,,>::'¡':";:",'¿~"",1::"+, :;~~.'" '
, "".,,: ":,:"':",,,"::,,, ,"""';'::;,~i;,,~:;'¡f¡:iU~~\~~¥i.~\~,i:Ji~~"r;~1';:"~'.,:" ,
Core Requiœment #3 requires that onsite detention and/or infiltratiOIl facilities, be constructed to control
runoff discharges from the project site. These facilities must meet '& niininwmflow control performance
standard as set forth in Section 1.2.3;'1. "Area-SpeCific Flow Control.Standards" (pageJ-32), and may
need to be even larger to ensure that downstreain,probiems ~'not'created'onignificantly aggravated as
set forth in Section 1.2.2.2, "Problem-Specific Mîtigation Reciüirements" (p~ 1-22). Table 1.2.3.A
(p. 1-26) provides a quick guide for-selecting the flow control performance criteria necessary to meet
both of these requirements. ' ,
Area-specific flow control standards.targetthe level of flowcontrol'performance to the protection
needs of specific regions or areas of'tbe city. ':In' Federal.Waythese'flow'control ;areas are identified in
the H ylebos Creek and LowerPuget Sound 'Basin Plan (available from Put)lic 'Works). Conversions
bet\\'een the Hylebos Creek and Lower Puget Sound Basin Plan flow control standards and the King
County flow control standards are, providedinRefenmce,2B~~heKCSWDM.:Each flow control area
has a basic flow control standard that is spec¡fic to that area. 'The performance criteria of that basic
standard may need to be increased to address' a specific downstream draimige problemas explained in
Step 4 below. ,.' " ,. , '
Flow control implementation requirements are the minimum requirements for analyzing and
designing flow control facHities to achieve required perfonnance,and other protection goals.
For efficient application of Core Requirement #3, the following steps are recommended:
1. Use the Hylebos Creek and Lower Puget Sound Basin Plan (available from Federal Way Public
Works) to determine the basin plan flow control standard for the area in which your project is
located. '
2. Refer to the conversion information in Reference 2B of the J 998 KCSWDM to detennine the
equivalent King County flow control standard.
3. Check the list of exemptions beginning on page 1-28 to detennine if and/or which portions of your
project must provide flow control facilities per Core Requirement #3.
4. If flow control facilities are required, detennine (for the flow control area identified above) which
area-specific flow control standard applies to your project by consulting the detailed threshold
infonnation in Section 1.2.3.1. The applicable flow control standard will detennine the minimum
flow control perfonnance required for your proposed project.
5, If downstream problem~ were identified through offsite analysis per Core Requirement #2 and are
proposed to be addressed through on site flow control, use Table] .2.3.A (p. 1-26) to determine if
and what additional flow control performance is necessary to mitigate impacts (i.e., to prevent
creation or aggravation ofthe identified problems). ,"
6. Use Section 1.2.3.2 (p. 1-36) to detenninetherninimumrequirernents forimplementingflow'
controls. '.,' ,'" , ", "',' "',
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Federal Way 1998 Surface Water Design Manual
1-24
1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
, " . "'. '" "', ,
TABLEi1..'2.3,:A',"~~,:;,. "';," ",
SUMMARY OF FLOW CONTROL PERFORMANCE cRITERIA ACCEPTABLE FOR'IMPÂCTMmGATIO~1)
Downstream Problems
Identified through
Offsite Analysis per
Core Requirement #2
No problem identified.
Apply basic standard
performance criteria.
Type 1
Conveyance System
Nuisance Problem
Type 2
Severe Erosion
Problem
Type 3
Severe Flooding
Problem
Level 1 Flow Control
Match 2-yr & 10-yr peaks
Additional Flow Control
Hold 1 O-yr peak to overflow Tr
peak(2)(3)
Additional Flow Control
Apply Level 2 flow control(3)(4)
Additional Flow Control
Apply Level 3 flow control.
If flooding is from conveyance
system overflow, Level 3 may
be modified to match durations
above the overflow Tr peak
rather than 50% of the 2-yr
peak. If flooding is from a
closed depression, make
design adjustments as needed
to meet the "special provision
for closed depressions,,(3)(5)
AREA-SPECIFIC STANDARD
Level 2 Flow Control
Match durations for 50% of
2-yr through 50-yr peaks
Level 3 Flow Control
Match durations for 50% of
2-yr though 50-yr peaks
AND match 1 DO-year peaks
No additional flow control or No additional flow control or
other mitigation is needed other mitigation is needed
No additional flow control is No additional flow control is
needed, but other mitigation needed, but other mitigation
may be required4) may be required4)
Additional Flow Control
Apply Level 3 flow control.
If flooding is from a closed
depression, make design
adjustments as needed to
meet the "special provision
for closed depressions,,(3)(5)
Additional Flow Control
If flooding is from a closed
depression, make design
adjustments as needed to
meet the "special provision
for closed depressions" (3)(5)
Notes:
(1) More than one set of problem-specific performance criteria may apply if two or more downstream problems are
identified through offsite analysis per Core Requirement #2, If this happens, the performance goals of each
applicable problem-specific criteria must be met. This can require extensive, time-consuming analysis to
implement multiple sets of outflow performance criteria if additional onsite flow control is the only viable option for
mitigating impacts to these problems, In these cases, it may be easier and more prudent to implement the Level
3 flow control standard in place of the otherwise required area-specific standard. Use of the Level 3 flow
control standard satisfies the specified performance criteria for all the area-specific and problem-specific
requirements except if adjustments are required per the special provision for closed depressions described
below in Note 5.
(2) Overflow T, is the return period of conveyance system overflow. To determine Tr requires a minimum Level 2
downstream analysis as detailed in Section 2.3,1.1, To avoid this analysis, a Tr of 2 years may be assumed.
(3) Offsite improvements may be implemented in lieu of or in combination with additional flow control as allowed in
Section 1.2,2.2 (p. 1-21) and detailed in Section 3.3.5,
(4) A tightline system may be required regardless of the flow control standard being applied if needed to meet the
discharge requirements of Core Requirement #1 (p. 1-15) or the outfall requirements of Core Requirement #4
(p. 1-41), or is deemed necessary by Public Works where the risk of severe damage is high,
(5) Special Provision for Closed Depressions with a Severe Flooding Problem:
IF the proposed project discharges by overland flow or conveyance system to a closed depression experiencing
a "severe flooding problem" AND the amount of impervious surface area proposed by the project is greater than
or equal to 10% of the 1 DO-year water surface area of the closed depression, THEN use the "point of compliance
analysis technique" described in Section 3.3.6 to verify that water surface levels are not increasing for the return
frequencies at which flooding occurs, up to and including the 100-year frequency. If necessary, iteratively adjust
onsite flow control performance to prevent increases, Note: The "point of compliance analysis" relies on certain
field measurements taken directly at the closed depression (e.g., soils tests, topography, etc.). If permission to
enter private property for such measurements is denied, Public Works may waive this provision and apply the
Level 3 flow control standard with a mandatory 20% safety factor on the storage volume.
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04/07/99
SEmON 1.2 CORE REQUIREMENTS
[J EXEMP110NS FROM CORE REQUIREMENT #3
There are eight possible exemptions from the requirement to provide a formal flow control facility per
Core Requirement #3. The intent of these exemptions is to provide for situations where a facility may not
be practical or needed, where other alternatives to a facility can be just as effective, or where it makes
sense to provide incentives for retaining native vegetation or for maximizing use of existing developed
areas.
1. Impervious Surface Exemption
A proposed project or any threshold discharge area within a project is exempt if less than 5,000
square feet of new impervious surface will be added.
2. Impervious Surface Exemption Using Flow Control BMPs
Any threshold discharge area within a proposed project is exempt if less than 10,000 square feet of
new impervious surface will be added, AND all of the following criteria are met:
a) The area cleared to accommodate the proposed project must be less than 35% or less than 2 acres
of the threshold discharge area (whichever is greater), AND
b) If the project is a single family residential project, flow control BMPs must be applied within
the threshold discharge area as specified in Small Site Drainage Requirements (detached
Appendix C), AND
c) For projects other than single family residential projects, the new impervious surface within
the threshold discharge area must be comprised of either non-pollution-generating roofs that
comply with the roof downspout controls in Section 5.1, OR roads, trails, or driveways that
comply with the rural roadway dispersion requirements in Section 5.2.1, AND
d) The manner in which runoff is discharged from the project site must not create a significant
adverse impact per Core Requirement #1.
3. Peak Flow Exemption Using Flow Control BMPs
Any threshold discharge area within a proposed project is exempt if the project improvements within
the threshold discharge area generate less than a 0.1 cfs increase in the existing site conditions 76 100-
year peak flow rate, AND all of the following criteria are met:
a) If the project is a redevelopment project, flow control BMPs must be applied as specified in
Section 5,2, and the project improvements must not significantly impact a "severe erosion
problem" or "severe flooding problem" (see page 1-19), AND
b) If the project is a single family residential project, the runoff from impervious surfaces must be
infiltrated or dispersed using flow control BMPs specified in Appendix C, and any areas of native
vegetation assumed not to be cleared for the purposes of computing the increase in IOO-year peak
flow must be preserved within a tract or by covenant as described in Appendix C, AND
c) For projects other than redevelopment projects and single family residential projects, the
new impervious surface within the threshold discharge area must be comprised of either non-
pollution-generating roofs that comply with the roof downspout controls in Section 5.1, OR roads,
16 Existing site conditions depend on what, if any, land conversion activity has occurred on the site since May 1979 when King
County first required flow control on developments adding more than 5,000 square feet of new impervious surface. IF a
drainage plan has been approved by the County since May 1979 for any land conversion activity which includes the addition of
more than 5,000 square feet of new impervious surface, THEN existing site conditions are those created by the site
improvements and drainage facilities constructed per the approved engineering plans. OTHERWISE, existing site conditions
are those that existed prior to May 1979 as determined from aerial photographs and, if necessary, on knowledge of individuals
familiar with the area. The intent is to mitigate unaddressed impacts created by site alterations or improvements, such as
clearing, which have occurred since May 1979.
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Federal Way 1998 Surface Water Design Manual
1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
trails, or driveways that comply with the rural roadway dispersion requirements in Section 5.2,1,
AND
d) The manner in which runoff is discharged from the project site must not create a significant
adverse impact per Core Requirement #1.
4. Peak Flow Exemption for Urban Redevelopment Projects
Any natural discharge area of a redevelopment project located within the Urban Growth Area is
exempt if the project improvements within the natural discharge area generate less than a 0.1 cfs
increase in the existing site conditions 1 DO-year peak: flow, AND all of the following criteria are met:
a) The application of this exemption to natural discharge areas within a proposed project must not
result in more than a 0.4 cfs increase in the existing site conditions lao-year peak flow rate for any
threshold discharge area of the project, AND
b) Flow control BMPs must be applied to the runoff from new impervious surfaces as specified in
Section 5.2.1, AND
c) The project improvements within the natural discharge area must not significantly impact a
"severe erosion problem" or "severe flooding problem" (see page 1-19), AND
d) The manner in which runoff is discharged from the project site must not create a significant
adverse impact per Core Requirement #1.
5. Direct Discharge Exemption
Any natural discharge area within a proposed project is exempt if it drains to Puget Sound, AND
meets all of the following criteria for direct discharge 17 to that receiving water:
a) The conveyance system between the project site and the ordinary high water line of Puget Sound
shall be comprised of manmade conveyance elements (pipes, ditches, outfall protection, etc.)
and shall be within public right-of-way or a public or private drainage easement, AND
b) The conveyance system shall have adequate capacity per Core Requirement #4, Conveyance
System, for the entire contributing drainage area, assuming build-out conditions to current
zoning for the "equivalent area" portion (defined in Figure 1.2.3.A, below) and existing
conditions for the remaining area, AND
c) The conveyance system will be adequately stabilized to prevent erosion. assuming the same
basin conditions as assumed in Criteria (c) above, AND
d) The direct discharge proposal will not divert flows from or increase flows to an existing wetland
or stream sufficient to cause a significant adverse impact.
17 Direct discharge means undetained discharge from a proposed project to Puget Sound,
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SECTION 1.2 CORE REQUIREMENTS
FIGURE 1.2.3.A EQUIVALENT AREA DEFINITION AND ILLUSTRATION
Equivalent area: The area tributary to a direct discharge conveyance system that is contained within
an arc formed by the shortest, straight line distance from the conveyance system discharge point to the
furthermost point of the proposed project.
Existing
Conveyance
System
Basin
Boundary
\
\
\
/
/
I
7. Peak Flow Exemption for Urban Residentiallnfill Projects
Any single family residential project located within the Urban Growth Area is exempt if the total
project improvements (within a single threshold discharge area) will generate less than a 0.4 cfs
increase in the existing site conditions tOO-year peak: flow, AND all of the following criteria are met:
a) The surrounding area within 1/4 mile of the project site must be over 75% built-out1S to the
zoned density as of the year 1998, AND
b) The project must be within a Levell Flow Control Area as indicated by the Hylebos Creek and
Lower Puget Sound Basin Plan and Reference 2B of the KCSWDM or otherwise subject to Level
I flow control (see page 1-32), AND
c) The proposed project must not drain to a "severe flooding problem" or "severe erosion
problem" as defined on page 1-19, AND
d) The runoff from new impervious surfaces must be infiltrated or dispersed using flow control
BMPs specified in Appendix C, and any areas of native vegetation assumed not to be cleared for
the purposes of computing the increase in 100-year peak: flow must be preserved within a tract or
by covenant as described in Appendix C, AND
e) The manner in which runoftïs discharged from the project site must not create a significant
adverse impact per Core Requirement #1.
18 Percent build-out is calculated by dividing the number of existing residential dwelling units (including existing multifamily units)
by the total potential number of residential dwelling units as determined from current base zoning, The total potential number
of residential dwelling units is defined as the sum of (1) existing residential dwelling units, (2) existing vacant non-subdividable
single family residential lots, (3) potential single family residential lots (net buildable area of subdividable parcels multiplied by
the base zoning, and subtracting out any lots with existing residential dwelling units), and (4) potential multifamily dwelling
units on vacant or subdividable multifamily-zoned parcels. Permanent open space areas (e.g" sensitive areas and buffers,
recreational tracts) and those properties that are zoned commercial or industrial, or are publicly-owned (e,9., parks, schools,
arterial roadways, stormwater tracts) shall be excluded from these calculations.
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Federal Way 1998 Surface Water Design Manual
1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
8. Discretionary Exemption for Infill Projects
Using the procedures detailed in Sections 1.4.3 and 1.4.4 of the adjustment process, Public Works
may grant an exemption from the flow control requirements in Core Requirement #3 provided all of
the following criteria are met:
a) The catchment (defined as the tributary area to a point where the project site comprises 15% of
the tributary area, or 1/4 mile downstream, whichever is greatest) is over 90% built-out to the
zoned density, AND
b) Eighty percent of the existing development within the catchment was constructed prior to 1979
(as determined from aerial photos) or is otherwise without formal flow control, AND
c) There are no major streams with salmonids within 1/2 mile downstream of the project site
(except streams designated as major receiving waters), AND
d) There are no regulated wetlands within 1/2 mile downstream of the project site, AND
e) There are no "severe building flooding problems" (see page 1-19) within I mile downstream of
the project site, AND
f)
Undetained flows from the proposed project will generate less than a 10% increase in the lO-year
peak flows to a downstream "conveyance system nuisance problem" (see page 1-20).
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SECflON 1.2 CORE REQUIREMENTS
1.2.3.1
AREA-SPECIFIC FLOW CONTROL STANDARDS
lê Projects subject to Core Requirement #3 must, at a minimum, comply with one of the three area-
: specific flow control standards: Levell, Level 2, or Level 3, whichever applies per the threshold
'" infonnadon detailed io this seedon. The appropdate flow control standard for projects io Federal Way
must be determined by using the flow controls dictated by the Hylebos Creek and Lower Puget Sound
Basin Plan and applying the conversions specified in Reference 2B of the KCSWDM.
a LEVEL 1 FLOW CONTROL
Levell flow control is a peak-matching performance standard primarily applied in areas where
maintaining peak flows is sufficient to protect the natural and constructed conveyance systems that are not
sensitive to development-induced increases in runoff volumes and flow durations,
Threshold
T The Levell flow control standard shall be applied to the design of required flow control facilities for
= any proposed project which meets one of the following criteria:
: . The project is located within a Level I Flow Control Area as defined above, OR
H
~ . The project is located within a Level 2 Flow Control Area as defined on page 1-33, but does not meet
0 the threshold for application of the Level 2 flow control standard (see p. 1-33).
Performance Criteria
Levell Flow Control: Match the developed peak discharge rates to the existing site conditions19 peak
discharge rates for 2- and lO-year return periods.
Reduced Levell Flow Control: A modified version of this standard, controlling only the 10-year
: frequency peak flow rate, is allowed if the applicant demonstrates both of the following:
Q
~ . The proposed project site discharges to a conveyance system not subject to erosion that extends from
the project discharge point to Puget Sound, AND
.
There is no evidence of capacity problems along this conveyance system as determined by offsite
analysis per Core Requirement #2, or such problems will be resolved prior to project construction.
Intent
Level I flow control is intended to protect flow-carrying capacity and limit increased erosion within the
downstream conveyance system for runoff events less than or equal to the IO-year event. Matching the 2-
and IO-year peak flows is intended to prevent increases in return-frequency peak flows less than or equal to
the IO-year peak flow down to the 2-year peak flow. This level of control is also intended to prevent
creation of new "conveyance system nuisance problems" as defined in Section 1.2.2 (p. 1-20),
Effectiveness in Addressing Downstream Problems
While the Level I flow control standard provides reasonable protection from many development-induced
conveyance problems (up to the IO-year event), it does not prevent increases in runoff volumes or flow
durations that tend to aggravate the three types of downstream problems described in Section 1,2.2.1 (p. 1-
18). Consequently, if one or more of these problems are identified through offsite analysis per Core
Requirement #2, additional onsite flow control and/or offsite improvements will likely be required (see
"Problem-Specific Mitigation Requirements" in Section 1.2.2.2, p. 1-22).
19 Existing site conditions is defined in footnote 16 on page 1-28,
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Federal Way 1998 Surface Water Design Manual
1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
[J LEVEL 2 FLOW CONTROL
Level 2 flow control is a duration-matching peñonnance standard which is effective in preventing
increases in existing erosion rates. The standard is applied in areas where the City has detennined that a
greater level of control is needed and will be effective in preventing severe erosion and sedimentation
damage caused by development-induced increases inflow durations.2O Such areas include those draining
through Environmentally Sensitive Areas regulations-defined erosion hazard areas or to salmonid-bearing
streams considered sensitive to increased flow durations based on City studies or resource assessments.
These areas are designated as Level 2 Flow Control Areas, and they collectively include the following
two types of special defined drainage areas and/or basin plan subbasins:
I. Basin Plan Stream Protection Areas: These are subbasins in adopted basin plans where the City has
determined through hydrologic modeling that increases in flow durations from future development will
cause erosion and sedimentation damage to salmonid-bearing streams. They are identified as requiring
increased onsite detention to prevent acceleration of in-stream channel erosion as well as sediment-
generating erosion in the stream's tributary areas.
2. Sensitive Slope Protection Areas: These are areas outside of stream protection areas that drain to those
Environmentally Sensitive Areas regulations-defined "erosion hazard areas" that are on slopes steeper than
15% (a delineation of all known erosion hazard areas can be found in Federal Way's Environmentally
Sensitive Areas Regulations) and where the potential for future severe erosion is high based on the amount
of upstream area yet to be developed. These areas require Level 2 flow control to prevent creation or
aggravation of severe erosion problems.
Threshold
The Level 2 flow control standard shall be applied to the design of required flow control facilities for
any proposed project which is located within a Level 2 Flow Control Area as defined above, AND which
is confirmed to meet one of the following criteria for application of the Level 2 flow control standard:
. The project is located within a Basin Plan Stream Protection Area as defined above and confirmed by
detailed delineation information in the applicable basin plan, OR
T
H
R
E
S
H
0
L
D
The project is located within a Sensitive Slope Protection Area as defined above and, in fact, ultimately
drains over the erodible soils of an Environmentally Sensitive Areas regulations-defined "erosion
hazard area" with slopes steeper than 15%, OR
Note: If the proposed project does not meet the above threshold criteria, then the Level I flow control
standard shall apply as detailed on page 1-32.
.
Performance Criteria
R Level 2 Flow Control: Match developed discharge durations to predeveloped durations for the range of
~ predeveloped discharge rates from 50% of the 2-year peak flow up to the full 50-year peak flow, assuming
M existing site conditions (see Footnote 16, p. 1-28) as the predeveloped condition. Note: The peak-
T
matching criteria of u\'(!l I flow control must also be met.
Intent
Level 2 flow control is intended to prevent initiation or aggravation of erosion or stream channel instability
by maintaining existing erosion rates. This is accomplished by maintaining at predevelopment levels the
aggregate time that developed flows exceed an erosion-causing threshold (i.e., 50% of the 2-year peak
flow). Maintaining existing erosion rates within streams and their tributary areas is important for
preventing increases in channel erosion and sediment loading detrimental to fish habitat and production.
20 Flow duration means the aggregate time that peak flows are at or above a particular flow rate of interest (e.g" the amount of
time over the last 40 years that peak flows were at or above the 2-year flow rate),
Federal Way 1998 Surface Water Design Manual
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SECI10N 1.2 CORE REQUIREMENTS
Maintaining existing erosion rates on sensitive slopes is important for preventing initiation and/or
aggravation of severe erosion problems.
Effectiveness in Addressing Downstream Problems
While the Level 2 flow control standard provides an excellent level of protection for preventing most
development-induced problems, it does not necessarily prevent increases in l00-year peak flows which
can aggravate "severe flooding problems" as defined in Core Requirement #2 (see page 1-19), nor does it
necessarily prevent aggravation of all "severe erosion problems." Consequently, if one or more of these
problems are identified through offsite analysis per Core Requirement #2, additional onsite flow control
and/or offsite improvements will likely be required (see "Problem-Specific Mitigation Requirements" in
Section 1.2.2.2, p. 1-22).
[J LEVEL 3 FLOW CONTROL
Level 3 flow control is a duration-matching and peak-matching performance standard which is
effective in preventing significant increases in water surface levels of lakes, wetlands, and closed
depressions. The standard is primarily applied in areas that drain to certain lakes, wetlands, or closed
depressions where the City has determined that a higher average level of flow control is needed to prevent
aggravation of existing documented flooding problems; the City has designated such areas as Level 3
Flow Control Areas. These areas can be identified using the Hylebos Creek and Lower Puget Sound
Basin Plan (available from Public Works) in conjunction with the flow control conversions in Reference
2B of the KCSWDM.
Threshold
~T The Level 3 flow control standard shall be applied to the design of required flow control facilities for
: any proposed project which is located within the areas that require supplemental on-site detention (BW-3)
s listed in the Hylebos Creek and Lower Puget Sound Basin Plan.
Note: If the proposed project does not meet the above threshold criteria, then apply the area-specific
standard for the flow control area in which the project is located as indicated in the Hylebos Creek and
Lower Puget Sound Basin Plan.
Performance Criteria
~E Level 3 Flow Control: Apply the Level 2 flow control standard AND match the developed I DO-year peak
~ discharge rate to the IOO-year peak discharge rate for existing site conditions, Note: The peak-matching
T criteria of Levell flow control must also be met.
Intent
Level 3 flow control is intended to prevent significant increases in existing water surface levels for 2-year
through IOO-year return frequencies. Such increases are expected to occur as the volume of runoff
discharging to the water body is increased by upstream development. Because inflow rates to these water
bodies are typically much higher than the outflow rates, increased runoff volumes from upstream
development are, in effect, stacked on top of existing volumes in the water body, resulting in higher water
surface levels. The duration-matching and I DO-year peak-matching criteria of the Level 3 flow control
standard counteract this stacking effect by slowing the arrival of additional runoff volumes,
Effectiveness in Addressing Downstream Problems
If the Level 3 flow control standard is implemented on site, no additional measures are required to prevent
aggravation of the three types of downstream problems defined in Core Requirement #2. The one
exception is when the wetland or lake is a closed depression with a "severe flooding problem," and the
proposed project is adding impervious surface area amounting to more than 10% of the lOO-year water
surface area of the closed depression. In this case, additional on site flow control or offsite improvements
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1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
may be necessary as determined by a "point of compliance analysis" (see "Special Provision for Closed
Depressions" in Table I.2.3.A (p. 1-26), and see Section 3.3.6, "Point of Compliance Analysis").
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SECTION 1,2 CORE REQUIREMENTS
1.2.3.2
FLOW CONTROL IMPLEMENTATION REQUIREMENTS
Onsite vs. Offsite Implementation
All required flow control must be implemented onsite except where the below requirements can be met for
direct discharge to a regional or shared facility constructed to provide flow control for the proposed
project. Regional facilities are typically constructed as part of a basin plan. Shared facilities may be
constructed under a City-developed shared facility drainage plan or under an agreement between two or
more private developers.
I. The regional or shared facility must be of adequate size and design to meet the current flow control
requirements for the proposed project's increased surface and storm water runoff, Note: the currentjlow
control requirements are those specified by Core Requirement #3 of this manual unless superceded by
other adopted area-specificjlow control requirements per Special Requirement #1 (see Section 1.3.1).
In some cases where the current flow control requirements differ from those used to originally design the
regional or shared facility, additional analysis and possible retrofitting of the facility may be required to
ensure adequate size and design. In other cases where the current flow control requirements are not
significantly different or are less stringent. adequate size and design may already be documented by an
adopted King County basin plan, an approved shared facility drainage plan, or a detailed drainage
analysis approved by the City for a separate permitted development.
2. The regional or shared facility must be fully operational at the time of construction of the proposed
project. In the case of a shared facility, the proposed project must comply with the terms and conditions
of all contracts, agreements, and permits associated with the shared facility.
3. The conveyance system between the project site and the regional facility must meet the same criteria
specified for direct discharge to Puget Sound (see "Direct Discharge Exemption" on page 1-29). In the
case of a shared facility, the criteria are the same, except the conveyance system need only have adequate
capacity and erosion protection for buildout of the participating portion21 of the contributing drainage
area.
Methods of Analysis and Design
Flow control facilities must be analyzed and designed using a continuous flow simulation method such as
HSPF (Hydrologic Simulation Program FORTRAN) or the simplified HSPF-based runoff files method.
Specifications for use of the runoff files method and associated computer program, KCRTS, are found in
Chapter 3. Detailed design specifications for flow control facilities are found in Chapter 5.
land Cover Assumptions
Land cover assumptions for designing flow control facilities are detailed in Chapter 3. For residential
development (plats, short plats, and large single family projects), flow control facilities must be sized for
the ultimate potential development of the site; this assumes that all forest and shrub cover (outside of
proposed impervious surface areas) will be converted to grass unless protected by an open space tract or
covenant.
Roof Downspout Controls in Subdivisions
All proposed single family residential subdivision projects must, on a lot-specific basis, provide for or
implement one of three types of roof downspout controls in the order of preference specified in Section
5.1. These include downspout infiltration, dispersion, or a perforated stub-out connection.
21 The participating portion includes those properties that have agreements for use of the shared facility.
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1,2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
Sizing Credits for Roof Downspout Controls
When sizing flow control facilities serving single family residential subdivisions, the following credits
may be applied:
Where roof runoff is infiltrated according to the requirements of Section 5.1.1, the roof area may be
discounted from the net impervious area used for sizing flow control facilities.
Where roof runoff is dispersed according to the requirements of Section 5.1.2 on lots 22,000 square
feet or larger, and the vegetated flowpath of the roof runoff is 50 feet or longer, the roof area may be
modeled as grass surface rather than impervious surface when sizing flow control facilities.
Note: These credits do not apply when determining eligibility for exemptions from Core Requirement #3.
.
.
Onsite Runoff Bypass
Proposed project runoff may bypass proposed onsite flow control facilities provided that all of the
following are true:
I. Runoff from both the bypass area and the flow control facility converges within a quarter-mile
downstream of the project site discharge point, AND
2. The flow control facility is designed to compensate for the uncontrolled bypass area such that the net
effect at the point of convergence downstream is the same with or without bypass, AND
3, The IOO-year peak discharge from the bypass area will not exceed 004 cfs, AND
4. Runoff from the bypass area will not create a significant adverse impact to downstream drainage
systems or properties, AND
5. Water quality requirements applicable to the bypass area are met.
Offsite Bypass Requirement
IF the existing I OO-year peak flow rate from any upstream offsite area is greater than 50% of the IOO-year
developed peak flow rate (undetained) for the project site, THEN the runoff from the offsite area must
bypass onsite flow control facilities. The bypass of offsite runoff must be designed so as to achieve all of
the following:
I. Any existing contribution of flows to an onsite wetland must be maintained, AND
2. Offsite flows that are naturally attenuated by the project site under predeveloped conditions must
remain attenuated, either by natural means or by providing additional onsite detention so that peak
flows do not increase, AND
3. Offsite flows that are dispersed or unconcentrated on the project site under predeveloped conditions
must be discharged in a safe manner as described in Core Requirement #1 under "Discharge
Requirements" (p. 1-15).
Manifold Detention Facilities
A manifold detention facility is a single detention facility designed to take the place of two or more
otherwise required detention facilities. It combines the runoff from two or more onsite drainage areas
having separate natural discharge points, and redistributes the runoff back to the natural discharge points
following detention. Because manifold detention facilities divert flows from one natural discharge point to
another and then back, they are not allowed except by an approved adjustment (see Section lA,
"Adjustment Process").
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SECI10N 1.2 CORE REQUIREMENTS
1.2.4
CORE REQillREMENT #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
R failure as specified in the following groups of requirements:
E
~ . "Conveyance Requirements for New Systems," Section 1.2.4.1 (below)
T
. "Conveyance Requirements for Existing Systems," Section 1.2.4.2 (p. 1-39)
.
"Conveyance System Implementation Requirements," Section 1.2.4.3 (p. 1-40)
Intent: To ensure proper design and construction of engineered conveyance system elements.
Conveyance systems are natural and engineered drainage facilities that collect, contain, and provide for the
flow of surface and storm water. This core requirement applies to the engineered elements of conveyance
systems-primarily pipes, culverts, and ditches/channels.
1.2.4.1
CONVEYANCE REQUIREMENTS FOR NEW SYSTEMS
All new conveyance system elements,22 both onsite and offsite, shall be analyzed, designed, and
constructed according to the following requirements.
Pipe Systems
I. New pipe systems shall be designed with sufficient capacity to convey and contain (at minimum) the
25-year peak flow, assuming developed conditions for onsite tributary areas and existing conditions
for any offsite tributary areas.
2. Pipe system structures may overtop for runoff events that exceed the 25-year design capacity,
provided the overflow from a 100-year runoff event does not create or aggravate a "severe flooding
problem" or "severe erosion problem" as defined in Core Requirement #2, Section 1.2.2 (p. 1-32).
Any overflow occurring onsite for runoff events up to and including the tOO-year event must
discharge at the natural location for the project site. In residential subdivisions, such overflow must
be contained within an on site drainage easement, tract, covenant, or public right-of-way.
3. The upstream end of a pipe system that receives runoff from an open drainage feature (pond, ditch,
etc.) shall be analyzed and sized as a culvert as described below.
Culverts
I, New culverts shall be designed with sufficient capacity to meet the headwater requirements in Section
4.3.1 and convey (at minimum) the 25-year peak flow, assuming developed conditions for onsite
tributary areas and existing conditions for any offsite tributary areas.
2, New culverts must also convey as much of the IOO-year peak flow as is necessary to preclude creating
or aggravating a "severe flooding problem" or "severe erosion problem" as defined in Core
Requirement #2. Section 1.2.2 (p. 1-32), Any overflow occurring onsite for runoff events up to and
including the I DO-year event must discharge at the natural location for the project site. In residential
subdivisions, such overflow must be contained within an onsite drainage easement, tract, covenant, or
public right-of-way,
3, New culverts proposed in major streams with salmonids shall be designed to provide for fish passage
as detailed in Section 4,3.2, Note: The Environmentally Sensitive Areas regulations or the state
Department of Fish and Wildlife may require a bridge to facilitate fish passage.
22 New conveyance system elements are those that are proposed to be constructed where there are no existing constructed
conveyance elements,
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1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
Ditches/Channels
I. New ditches/channels shall be designed with sufficient capacity to convey and contain, at minimum,
the 25-year peak flow, assuming developed conditions for onsite tributary areas and existing
conditions for any offsite tributary areas.
2. New ditches/channels must also convey as much of the IOO-year peak flow as is necessary to preclude
creating or aggravating a "severe flooding problem" or "severe erosion problem" as defined in Core
Requirement 2, Section 1.2.2 (p. 1-32). Any overflow occurring on site for runoff events up to and
including the 1O0-year event must discharge at the natural location for the project site. In residential
subdivisions, such overflow must be contained within an onsite drainage easement, tract, covenant, or
public right-of-way.
Tightline Systems Traversing Steep Slopes
New tightline conveyance systems traversing slopes that are steeper than 15% and greater than 20 feet in
height, or are a "sensitive area steep slope," shall be designed with sufficient capacity to convey and
contain (at minimum) the 100-year peak flow, assuming full build-out condition,s23 for all tributary areas,
both onsite and offsite. Tightline systems shall be designed as detailed in Section 4.2.2.
Bridges
New bridges shall be designed to pass the 100-year peak flow with clearance as specified in Section 4.3.3.
1.2.4.2
CONVEYANCE REQUIREMENTS FOR EXISTING SYSTEMS
The following conveyance requirements for existing systems are less rigorous than those for new systems
to allow some salvaging of existing systems that are in useable condition. Existing systems may be
utilized if they are capable of providing a minimum level of protection as-is or with minor modifications.
Existing Onsite Conveyance Systems
No Change in Flow Characteristics: Existing onsite conveyance systems that will not experience a
change in flow characteristics (e.g., peak flows or volume of flows) as a result of the proposed project
need not be analyzed for conveyance capacity.
Change in Flow Characteristics: Existing onsite conveyance systems that will experience a change in
flow characteristics as a result of the proposed project must comply with the following conveyance
requirements:
I. The existing system must be analyzed and shown to have sufficient capacity to convey and contain (at
minimum) the IO-year peak flow assuming developed conditions for onsite tributary areas and existing
conditions for any offsite tributary areas.
2. The applicant must demonstrate that the IOO-year peak flow to the existing system will not create or
aggravate a "severe flooding problem" or "severe erosion problem" as defined in Core Requirement
#2, Section 1.2,2 (p. 1-32),
3. Minor modifications may be made to the conveyance system to achieve the required capacity stated
above. Examples of minor modifications include raising a catch-basin rim, replacing or relaying a
section of pipe to match the capacity of other pipes in the system, improving a pipe inlet, or enlarging
a short, constricted reach of ditch or channel.
4, Modifications to an existing conveyance system or element which acts to attenuate peak flows due to
the presence of upstream detention storage shall be made in a manner that does not significantly
23 FuJI build-out conditions means the tributary area is developed to its full zoning potential except where there are existing
environmentally sensitive areas, open space tracts, and/or native growth protection easements/covenants.
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SECTION 1.2 CORE REQUIREMENTS
increase peak flows downstream. For example, if water is detained in a pond upstream of a restrictive
road culvert, then installing an overflow system for the culvert should prevent overtopping of the road
without significantly reducing existing detention storage.
Existing Offsite Conveyance Systems
I. Existing offsite conveyance systems need not be analyzed for conveyance capacity except as required
by Core Requirement #2, or if offsite improvements or direct discharge are proposed per Core
Requirement #3.
2. Improvements made to existing offsite conveyance systems to address the problem-specific mitigation
requirements in Section 1.2.2.2 (p. 1-22) need only change existing conveyance capacity sufficient to
prevent aggravation of the drainage problem(s) being addressed,
3. Existing offsite conveyance systems proposed to be used for direct discharge to Puget Sound per Core
Requirement #3 (p. 1-29) shall meet the same conveyance requirements specified in Section 1.2.4.1
(p. 1-38) for new systems.
1.2.4.3
CONVEYANCE SYSTEM IMPLEMENTATION REQUIREMENTS
Methods of Analysis and Design
Properly-sized conveyance elements provide sufficient hydraulic capacity to convey peak flows of the
return frequencies indicated in Sections 1.2.4.1 and 1.2.4.2. Conveyance capacity shall be demonstrated
using the methods of analysis detailed in Chapter 4. Design flows for sizing conveyance systems shall be
determined using the appropriate runoff computation method specified in Section 3.2.
Spill Control Provisions
Projects proposing to construct or replace onsite conveyance system elements that receive runoff from
non-roof-top pollution-generating impervious surface24 must provide a spill control device as detailed in
Section 4.2.1 prior to discharge from the project site or into a natural onsite drainage feature. 25 More
specifically, this requirement applies whenever a proposed project does either of the following:
.
Constructs a new onsite conveyance system that receives runoff from non-roof-top pollution-
generating impervious surface, OR
Removes and replaces an existing onsite conveyance system element that receives runoff from 5,000
square feet or more of non-roof-top pollution-generating impervious surface onsite.
.
The intent of this device is to temporarily detain oil or other floatable pollutants before they enter the
downstream drainage system in the event of an accidental spill or illegal dumping. It may consist of a tee
section in a manhole or catch basin, or another alternative as specified in Section 4.2.1. The spill control
device should be installed upstream of any on site water quality or flow control facility. If no facilities are
present, then the spill control device must be installed upstream from the final discharge point to the
downstream drainage system, Note: Spill control devices were referred to as "oil/water separation
devices" in previous editions of this manual.
24 Pollution-generating impervious surface means an impervious surface considered to be a significant source of pollutants in
storm water runoff. Such surfaces include those which are 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 (for more details, see
page 1-51), Metal roofs are also considered to be pollution-generating impervious surface unless they are treated to prevent
leaching.
25 Naturalonsite drainage feature means a natural swale, channel, stream, closed depression, wetland, or lake.
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1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM
Composition
Where feasible, conveyance systems shall be constructed of vegetation-lined channels, as opposed to pipe
systems. Vegetative channels shall generally be considered feasible if all of the following conditions are
present:
I, The channel gradient generally does not exceed five percent, AND
2. No modifications to currently adopted standard roadway cross sections in the King County Road
Standards are necessitated by the channel, AND
3. The channel will be accessible for maintenance (see Section 1.2.6), AND
4. The channel will not be subject to erosion.
Exceptions: The following are exceptions to the requirement for vegetative channels:
. Conveyance systems proposed under roadways, driveways, or parking areas
.
Conveyance systems proposed between houses in urban-zoned plats and short plats
Conveyance systems conveying roof runoff only.
.
Outfalls
An outfall is defined as a point where collected and concentrated surface and storm water runoff is
discharged from a pipe system or culvert.
Energy Dissipation: At a minimum, rock erosion protection is required at outfalls from all drainage
systems and elements except where Public Works determines that erosion protection is being provided by
other means or is not needed. Details on outfall structures are included in Section 4.2.2.
New Point Discharges Over Steep Slopes: Proposed outfalls that will discharge runoff in a location
where the natural (existing) discharge is unconcentrated over a slope steeper than 15% and greater than 20
feet in height, or over an Environmentally Sensitive Areas regulations-defined steep slope hazard area,
must meet the following criteria:
I. IF the 1 DO-year peak discharge is less than or equal to 0.2 cfS26 under existing conditions and will
remain less than or equal to 0,2 cfs under developed conditions, THEN outfall runoff may be
discharged onto a rock pad shaped in a manner so as to disperse flow. The outfall and rock pad must
be located upstream from any landslide or steep slope buffer and no less than 50 feet from the top of
an Environmentally Sensitive Areas regulations-defined steep slope unless otherwise approved by
Public Works based on an evaluation/report by a geotechnical engineer,
2. IF the I DO-year peak discharge is greater than 0.2 cfs but less than or equal to 0.5 cfs under existing
conditions and will remain less than or equal to 0.5 cfs under developed conditions, THEN runoff must
be conveyed to a dispersal trench or other dispersal system. The dispersal trench or system must be
located upstream from any landslide or steep slope buffer and no less than 50 feet from the top of an
Environmentally Sensitive Areas regulations-defined steep slope unless otherwise approved by Public
Works based on an evaluation/report by a geotechnical engineer.
3, IF the I DO-year peak discharge is greater than 0.5 cfs for either existing or developed conditions,
THEN a tightline conveyance system must be constructed to convey the runoff to the bottom of the
slope unless other measures are approved by Public Works based on an evaluation/report by a
geotechnical engineer. Tightline systems must be designed such that existing baseflow conditions are
not significantly changed and adequate energy dissipation is provided at the bottom of the slope.
26 Peak discharges shall be as computed using KCATS as detailed in Chapter 3.
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SECflON 1.2 CORE REQUIREMENTS
Interflow and Interception
Interjlow is near-surface groundwater that moves laterally through the soil horizon following the hydraulic
gradient of underlying relatively impenneable soils. When interflow is expressed on the surface, it is
tenned a spring or seepage. Any significant springs or seepage areas that impact a roadway or structure
proposed by the project must be intercepted and directed into a conveyance system. Where roadways may
impede the passage of interflow to downstream wetlands or streams, provision for passage of
unconcentrated flows must be made.
Pump Systems
Pump systems may be used to convey water from one location or elevation to another within the project
site provided they meet the design criteria specified for such systems in Section 4.2.3 and will be privately
owned and maintained.
Pump systems that discharge flows from the project site that would not have discharged by gravity flow
under existing site conditions will require an approved adjustment to Core Requirement #1 (see Section
1.4, "Adjustment Process"). These pump systems will be considered only when they are the sole
alternative to solving a flooding or erosion problem as defined in Section 1.2.2. Typical conditions of
approval for these systems are available in Reference Section 8-J under "Adjustment Application Fonn
and Process Guidelines."
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1.2.5 CORE REQUIREMENT #5: EROSION & SEDIMENT CONTROL
1.2.5
CORE REQUIREMENT #5:
EROSION AND SEDIMENT CONTROL
All proposed projects that will clear, grade, or otherwise disturb the site must provide erosion and
R sediment controls to prevent, to the maximum extent possible, the transport of sediment from the project
E site to downstream drainage facilities, water resources, and adjacent properties. To prevent sediment
~ transport, Erosion and Sediment Control (ESC) measures are required and shall perfonn as described in
T Section 1.2.5.2. Both temporary and pennanent erosion and sediment controls shall be implemented as
described in Section 1.2.5.3.
Intent: To prevent the transport of sediment to streams, wetlands, lakes, drainage systems, and adjacent
properties. Erosion on construction sites can result in excessive sediment transport to adjacent properties
and to surface waters. Sediment transport can result in major adverse impacts, such as flooding due to
obstructed drainageways, smothering of salmonid spawning beds, and creation of algal blooms in lakes.
1.2.5.1
Ese MEASURES
The following ESC measures shall be provided as specified below and as further detailed in the King
County Erosion and Sediment Control (ESe) Standards, adopted as Appendix D of this manual:
. Clearing Limits: Prior to any site clearing or grading, areas to remain undisturbed during project
construction shall be delineated. At a minimum, clearing limit delineation flagging shall be provided
at the edges of all environmentally sensitive area buffers.
.
Cover Measures: Temporary and pennanent cover measures shall be provided when necessary to
protect disturbed areas. Temporary cover shall be installed if an area is to remain un worked for more
than seven days during the dry season (May 1 to September 30) or for more than two days during the
wet season (October I to April 30), unless otherwise determined by the City. Any area to remain
unworked for more than 30 days shall be seeded or sodded, unless the City determines that winter
weather makes vegetation establishment unfeasible. During the wet season, slopes and stockpiles
38: 1 V or steeper with more than 10 feet of vertical relief shall be covered if they are to remain
unworked for more than 12 hours, The intent of these measures is to prevent erosion by having as
much area as possible covered during any period of precipitation,
Perimeter Protection: When necessary, perimeter protection to filter sediment from sheet flow shall
be provided downstream of all disturbed areas. Perimeter protection includes the use of vegetated
strips, as well as more conventional constructed measures such as silt fences. Such protection shall be
installed prior to upstream grading.
Traffic Area Stabilization: Un surfaced entrances, roads, and parking areas used by construction
traffic shall be stabilized to minimize erosion and tracking of sediment offsite.
.
.
.
Sediment Retention: Surface water collected from disturbed areas of the site shall be routed through
a sediment pond or trap prior to release from the site. This does not apply to areas at the perimeter of
the site small enough to be treated solely with perimeter protection. Sediment retention facilities shall
be installed prior to grading any contributing area.
Surface Water Controls: Surface water controls shall be installed to intercept all surface water from
disturbed areas, convey it to a sediment pond or trap, and discharge it downstream of any disturbed
areas, However, areas at the perimeter of the site which are small enough to be treated solely with
perimeter protection do not require surface water controls. Significant sources of upstream surface
water that drain onto disturbed areas shall be intercepted and conveyed to a stabilized discharge point
downstream of the disturbed areas. Surface water controls shall be installed concurrently with or
immediately following rough grading.
.
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SEmON 1.2 CORE REQUIREMENTS
1.2.5.2
1.2.5.3
.
Dust Control: Preventative measures to minimize wind transport of soil shall be implemented when a
traffic hazard may be created or when sediment transported by wind is likely to be deposited in water
resources.
ESC PERFORMANCE
The above ESC measures shall be applied and maintained so as to prevent, to the maximum extent
possible, the transport of sediment from the project site or into onsite wetlands, streams, or lakes. This
performance is intended to be achieved through proper selection, installation, and operation of the above
ESC measures as detailed in the Ese Standards (detached Appendix D) and approved by the City.
However, the City may determine at any time during construction that such approved measures are not
sufficient and additional action is required based on one of the following criteria:
I. IF a sieve test of storm and surface water discharges indicates that sand-sized sediment (soil particles
coarser than the #200 sieve, 0.075 mm) is leaving the project site or entering onsite wetlands, streams,
or lakes, THEN corrective actions and/or additional measures beyond those specified in Section
1.2.5.1 shall be implemented as deemed necessary by the City. Note: The eity can require that the
ESe supervisor have a #200 sieve on site. Also, "leaving the project site" will be interpreted
liberally. For example, if this criterion is applied to individual lots within a subdivision, it may,
depending on the site, be appropriate to conduct the sieve test at the outlet of the drainage system
rather than at the edge of the lot.
2, IF the City determines that the condition of the construction site poses a hazard to adjacent property
or may adversely impact drainage facilities or water resources, THEN additional measures beyond
those specified in Section 1.2.5.1 can be required by the City.
IMPLEMENTATION REQUIREMENTS
ESC Plan
As specified in Chapter 2, all proposed projects must submit a plan for providing ESC measures. The
ESC plan shall include a detailed construction sequence as proposed by the design engineer and shall
identify required ESC measures. All ESC measures shall conform to the details and specifications in the
Ese Standards unless an alternative is approved by Public Works (see "Alternative and Experimental
Measures" in the Ese Standards, detached Appendix D). The ESC plan shall be accompanied by any
calculations or information necessary to size ESC measures and demonstrate compliance with Core
Requirement #5. The City may require large, complex projects to phase construction and to submit
multiple ESC plans for the different stages of construction. Development of new ESC plans is not
required for changes that are necessary during construction.
Wet Season Construction
During the wet season (October I to April 30) any site with exposed soils shall be subject to the "Wet
Season Requirements" contained in the ESe Standards. In addition to the ESC cover measures, these
provisions include covering any newly-seeded areas with mulch and seeding as much disturbed area as
possible during the first week of October in order to provide grass cover for the wet season.
Construction within Environmentally Sensitive Areas and Buffers
Any construction that will result in disturbed areas on or within a stream or associated buffer, within a
regulated wetland or associated buffer, or on or within a regulated lake as designated in City of Federal
Way Code shall be subject to the "Sensitive Area Restrictions" contained in the Ese Standards. These
provisions include phasing the project whenever possible so that construction in these areas is limited to
the dry season.
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1,2.5 CORE REQUIREMENT #5: EROSION & SEDIMENT CONTROL
Maintenance
All ESC measures shall be maintained and reviewed on a regular basis as prescribed in the Ese
Standards. The applicant shall designate an ESC supervisor who shall be responsible for maintenance and
review of ESC measures and for compliance with all permit conditions relating to ESC as described in the
Ese Standards.
Final Stabilization
Prior to obtaining final construction approval, the site shall be stabilized, structural ESC measures (such as
silt fences and sediment traps) shall be removed, and drainage facilities shall be cleaned as specified in the
Ese Standards,
Flexible Compliance
Some projects may meet the intent of Core Requirement #5 while varying from specific ESC requirements
contained here and in the ESe Standards. If a project is designed and constructed such that it meets the
intent of this core requirement, the City may determine that strict adherence to a specific ESC requirement
is unnecessary; an approved adjustment (see Section 1.4) is not required in these circumstances. Certain
types of projects are particularly likely to warrant this greater level of flexibility; for instance, projects on
relatively flat, well drained soils, projects that are constructed in closed depressions, or projects that only
disturb a small percentage of a forested site may meet the intent of this requirement with very few ESC
measures. More information on intent and general ESC principles is contained in the ESe Standards.
Roads and Utilities
Road and utility projects often pose difficult erosion control challenges because they frequently cross
surface waters and are long and narrow with limited area available to treat and store sediment-laden water.
Because of these factors, road and utility projects are allowed greater flexibility in meeting the intent of
Core Requirement #5 as described in the ESC Standards. Projects that pose a very low risk of erosion or
sediment transport due to site conditions or project scope may also warrant greater flexibility.
Consideration of Other Required Permits
Consideration should be given to the requirements and conditions which may be applied by other agencies
as part of other permits required for land-disturbing activities. In particular, the following permits may be
required and should be considered when implementing ESC measures:
.
A Class IV Special Forest Practices Permit is required by the Washington State Department of
Natural Resources for projects that will clear more than two acres of forest or 5,000 board feet of
timber. All such clearing is also subject to the State Environmental Policy Act CRCW 43.21 C) and
will require SEPA review. Federal Way assumes lead agency status for Class IV permits, and the
application can be consolidated with the associated Federal Way development permit or approval.
A NPDES27 General Permit for Construction (pursuant to the Washington State Department of
Ecology's Baseline General Permit for Stormwater) is required for projects that will disturb more than
five acres. The five-acre threshold applies even where the five acres are to be disturbed in phases, as
long as the construction is "part of a larger common plan of development or sale. "
.
27 NPDES stands for National Pollutant Discharge Elimination System.
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SECTION 1.2 CORE REQUIREMENTS
1.2.6
CORE REQUIREMENT #6: MAINTENANCE AND OPERATIONS
~..,... Maintenance and operation of all drainage facilities is the responsibility of the applicant or property
~,.,' ~~:~~I~x~;~~~~~s~~~~~~~~:c~O~~h~~~~~::~S~::C~b~;~~~~~ ~:;i~;;~' ;~~~~~i~: ~::;~~:?ï~:1ned
T. and operated in compliance with Federal Way maintenance standards.
Intent: To ensure that the maintenance responsibility for drainage facilities is clearly assigned and that
these facilities will be properly maintained and operated in perpetuity,
Drainage Facilities to be Maintained by Federal Way
Federal Way will assume maintenance and operation2S of the flow control and water quality facilities and
the conveyance system within improved public road right-of-way for any residential subdivision with two
or more lots, and any similar development where at least two-thirds of the developed contributing area is
from single family or duplex residential structures on individual lots, except where such facilities are
approved by Federal Way to be maintained by the homeowners association. Note: Federal Way may
assume maintenance of such facilities serving any mix of developments as part of a shared facilities plan.
Federal Way will assume maintenance and operation of these facilities two years after final
construction approval by Public Works and an inspection by the City to ensure the facilities have been
properly maintained and are operating as designed.
Flow control and water quality facilities to be maintained and operated by Federal Way must be located
in a tract or right-of-way dedicated to Federal Way. Access roads serving these facilities must also be
located in the tract or right-of-way and must be connected to an improved public road right-of-way.
Underground flow control or water quality facilities (tanks or vaults) may be allowed in private rights-of-
way or roads if the easement includes provisions for facility access and maintenance.
Conveyance systems to be maintained and operated by Federal Way must be located in a drainage
easement, tract, or right-of-way granted to Federal Way. Note: Federal Way does not normally assume
maintenance responsibility for conveyance systems which are outside of improved public road right-of-
way.
Drainage Facilities to be Maintained by Private Parties
All privately-maintained drainage facilities must be maintained as specified in Appendix A, "Maintenance
Requirements for Privately Maintained Drainage Facilities," and as further prescribed in Chapter 6 for
water quality facilities. A copy of the Operation and Maintenance Manual submitted as part of the
permit application (see Section 2.3, I) shall be retained on site and shall be transferred with the property to
the new owner, A log of maintenance activity indicating when cleaning occurred and where waste was
disposed of shall also be kept by the owner and be available for inspection by the City. Federal Way may
inspect all privately-maintained drainage facilities for compliance with these requirements. If property
owner(s) fail to maintain their facilities to the acceptable standards, the City may issue a written notice
specifying the required actions. If these actions are not performed in a timely manner, the City may enter
the property to perform the actions needed and bill the property owner(s) for the cost of the actions. In the
event a hazard to public safety exists, written notice may not be required.
If the proposed project is a commercial, industrial, or multifamily development or redevelopment, or a
single family residential building permit, a "Declaration of Covenant" (see Reference Section 8-F) must
be recorded with the City of Federal Way prior to engineering plan approvaL
If the proposed project is a residential subdivision development, all privately maintained conveyance
systems or other drainage facilities which convey flows through private property must be located in a
28 Federal Way does not assume maintenance of lot drainage systems or drainage stub-outs serving single family residential lot
downspout. footing, or yard drains, nor does Federal Way assume maintenance of those water Quality facilities installed and
integrated into site landscaping,
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Federal Way 1998 Surface Water Design Manual
1.2.7 FINANCIAL GUARANTEES AND LIABILITY
drainage easement dedicated to convey suñace and storm water. Individual owners of the properties
containing such easements must maintain the drainage facilities through their property. The legal instrument
creating drainage easements on private property must contain language that requires a private property
owner to obtain written approval from Federal Way prior to removing vegetation (except by routine
mowing) from any drainage easement containing open, vegetated drainage facilities (such as swales,
channels, ditches, ponds, etc,), See "Drainage Easements" in Reference Section 8-H.
1.2.7
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 Federal Way City Code Chapter 22.
T
Intent: To ensure financial guarantees are posted to sufficiently cover the cost of correcting, if necessary,
incomplete or substandard drainage facility construction work, and to warrant for two years the
satisfactory performance and maintenance of those newly-constructed drainage facilities to be assumed by
Federal Way for maintenance and operation. Core Requirement #7 is also intended to ensure that a
liability policy is provided which protects the proponent and the City from any damages relating to the
construction or maintenance of required drainage facilities by private parties.
Drainage Facilities Restoration and Site Stabilization Financial Guarantee
Prior to commencing construction, the applicant required to construct drainage facilities pursuant to the
drainage requirements in this manual and Federal Way City Code must post a drainage facilities
restoration and site stabilization financial guarantee. This guarantee must be an amount sufficient to cover
the cost of corrective work on or off the site performed specifically for the given project. Note: Public
Works may waive the requirement of this guarantee on projects proposing only minor modifications or
improvements to the drainage system (e.g" catch basin inserts, spill control devices. pipe replacements,
etc.). In addition, this guarantee may be combined with other required guarantees.
Before Federal Way will release the project's drainage facilities restoration and site stabilization financial
guarantee, the applicant must do the following:
I. Construct the drainage facilities
2. Receive final construction approval from Public Works
3,
Pay all required fees.
Drainage Defect and Maintenance Financial Guarantee
For any constructed or modified drainage facilities to be maintained and operated by Federal Way, the
applicant must do the following:
I. Post a drainage defect and maintenance financial guarantee for a period of two years (see Reference
Section 8-E, "Maintenance and Defect Agreement"),
2. Maintain the drainage facilities (per the maintenance standards in Appendix A) during the two-year
period following posting of the drainage defect and maintenance financial guarantee.
Before Federal Way will release the drainage defect and maintenance financial guarantee and assume
maintenance and operation of drainage facilities, the applicant must do the following:
I. For plats, record the final plat.
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SECI10N 1.2 CORE REQUIREMENTS
2. For tracts containing drainage facilities to be maintained by Federal Way and not located within the
final plat, deed the tract to Federal Way and set property comers in conformance with state surveying
standards.
3. For easements containing drainage facilities to be maintained by Federal Way and not located within
the final plat, provide easement documents and set temporary survey markers to delineate the
easement location.
4. Receive a final City inspection to ensure the drainage facilities have been properly maintained and are
operating as designed.
5. Correct any defects noted in the final inspection.
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Federal Way 1998 Surface Water Design Manual
1.2.8 CORE REQUIREMENT #8: WATER QUALITY
1.2.8
CORE REQillREMENT #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-
Q generating pervious surfaces. These facilities shall be selected from one of the area-specific WQ menus
M
T described in Section 1.2.8.1 (p. I-52) and implemented according to the applicable WQ implementation
requirements in Section 1.2.8.2 (p, I-57).
Intent: To require an efficient, cost-effective level of water quality treatment tailored to the sensitivities
and resource protection needs of the downstream receiving water to which the project site drains, or, in the
case of infiltration, protection of the receiving groundwater system.
Guide to Applying Core Requirement #8
Core Requirement #8 requires thatWQ treatment facilities be]ùovided to ,remove pollutants from nmoff
discharging from the project site ißaceoÌ'dance with one oftbè four Îrea-specific WQmenus found in
Section1.2.8.1(p.l-:52).'.,.".:,"', ',", , '
Area-specific WQ menus are groupsoffadJity options desig'Ì1ed to providèJevels of treatment targered
to the resource protection' needs of specific areas.
WQ implementation requirements are the minimum requirements for analyzing and designing WQ
facilities to achieve intended performance and other protection goals~
For efficient application of Core Requirement #8, the following steps are recommended:
I. Check the exemption language on page 1-51 to detennine if and/or which portions of your project
must provide WQ treatment facilities per Core Requirement #8.
2. If your project is a redevelopment project. you may apply the Basic WQ menu as described on page
I-52, and proceed to Step 5 below.
3. Consult with Public Works staff and the detailed threshold jnfonnatioD in Section 1.2.8. I (p. I-52)
to determine which WQ menu applies to your project.
4. Use Section 1.2.8.2 (p. 1-57) to detenIÚne the minimum requirements for jmplementing water
quality treatment.
Other Important Information about Core Requirement #8
Core Requirement #8 is the primary component of an overall water quality protection strategy required by
this manual. Other requirements include the following:
.
Core Requirement #4: Conveyance System, Spill Control Provisions. Section 1.2.4 (p, 1-40)- This
provision generally applies whenever a project constructs or replaces onsite conveyance system
elements that receive runoff from pollution-generating impervious surfaces. The provision requires
that runoff from such impervious surfaces be routed through a spill control device prior to discharge
from the project site or into a natural onsite drainage feature,
Special Requirement #4: Source Control, Section 1.3.4 (p. I-62)-This requirement applies water
quality source controls from the King County Storm water Pol/ution Control Manual to those projects
proposing to develop or redevelop a commercial, industrial, or multifamily site.
.
.
Special Requirement #5: Oil Control, Section 1.3.5 (p. 1-62)- This requirement applies special oil
controls to those projects proposing to develop or redevelop a high-use site.
Key Definitions
. Pollution-generating impervious surface (PGIS) Definition: Those impervious surfaces considered
to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are
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SECTION 1.2 CORE REQUIREMENTS
.
subject to vehicular USt?9 or storage of erodable or leachable materials. wastes. or chemicals,30 and
which receive direct rainfall or the run-on or blow-in of rainfall.31 Metal roofs are also considered to
be PGIS unless they are treated to prevent leaching.
Pollution-generating pervious surface (PGPS) Definition: Any non-impervious surface with
vegetative ground cover 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.
Q EXEMPTIONS FROM CORE REQUIREMENT #8
There are five possible exemptions from the requirement to provide a formal water quality facility per
Core Requirement #8:
1. Surface Area Exemption for New Development
A proposed project or any threshold discharge area within a project is exempt if less than 5,000
square feet of new PG/S32 will be added.
2. Redevelopment Projects (as defined in FWCC 22-337)
A redevelopment project or any threshold discharge area within a redevelopment project is exempt
if the total existing PGlS area or the combination of existing and additional PGIS is less than 5,000
square feet.
3. Standard Infiltration Exemption
A proposed project or any drainage area within a project is exempt if the runoff from pollution-
generating pervious and impervious surfaces is infiltrated in soils with a measured infiltration rate33 of
less than or equal to 9 inches per hour,
4. Soil Treatment Exemption
A proposed project or any drainage area within a project is exempt if the runoff from pollution-
generating impervious surfaces is infiltrated in soils which meet the "groundwater protection criteria"
outlined below.
Groundwater Protection Criteria: The first 2 feet or more of the soil beneath an infiltration facility
must meet one of the following specifications for general protection of groundwater:
a) The soil must have a cation exchange capaciry34 greater than 5 and an organic contenf35 greater
than 0.5%, OR
29 A surface, whether paved or not, shall be considered subject to vehicular use if it is regularly used by motor vehicles, The
following are considered regularly-used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a
roadway, driveways, parking lots, unfenced firelanes, 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 firelanes, and infrequently
used maintenance access roads,
30 Erodable or leachabte materials, wastes, or chemicals are those substances which, when exposed to rainfall, measurably alter
the physical or chemical characteristics of the rainfall runoff (examples include erodable soil, uncovered process wastes,
manure, fertilizers. oily substances, ashes, kiln dust. garbage dumpster leakage, etc.).
31 A covered parking area would be considered pollution-generating if runoff from uphill could regularly run through it, or if rainfall
could regularly blow in and wet the pavement surface. The same parking area would not be included if it were enclosed by
walls or if a low wall and berm prevented stormwater from being blown in or from running onto the covered area.
32 New PGtS means new impervious surface (as defined on page 1-4) that is pollution-generating.
33 Measured infiltration rate shall be as measured by the EPA method or the Double Ring Infiltrometer Method (ASTM D3385).
For some soils, an infiltration rate of less than 9 inches per hour may be assumed based on a soil texture determination rather
than a rate measurement. For more details, see the .Groundwater Protection. requirements in Section 5.4.1.
34 Cation exchange capacity shall be tested using EPA Laboratory Method 9081.
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Federal Way 1998 Surface Water Design Manual
1.2.8 CORE REQUIREMENT #8: WATER QUALITY
b) The soil must be composed of less than 25% gravel by weight with at least 75% of the soil passing
the #4 sieve, and the portion passing the #4 sieve must meet one of the following gradations:
. At least 50% must pass the #40 sieve and at least 2% must pass the #100 sieve, OR
. At least 25% must pass the #40 sieve and at least 5% must pass the #200 sieve.
1.2.8.1
AREA-SPECIFIC WATER QUALITY MENUS
Projects subject to Core Requirement #8 must provide a facility selected from one of the four area-
specific WQ treatment menus listed below, whichever applies per the threshold information detailed in
this section:
R
E
Q .
M
T .
Basic Water Quality menu
Sensitive Lake Protection menu
.
Resource Stream Protection menu
. Sphagnum Bog Protection menu.
Exception: Redevelopment projects subject to Core Requirement #8 need only apply the Basic WQ menu
as described below, regardless of where they are located. Note: A higher standard may be imposed by an
adopted resource management plan through Special Requirement #1. Section 1.3.1, or the proposed
project may apply a higher standard voluntarily.
Intent: To apply an appropriate level of water quality treatment based on the sensitivities of receiving
waters for the drainage area in which the project lies. These drainage areas are identified by Public
Works. In addition to a minimum basic standard which applies broadly to most geographic areas, special
menus are provided for sites within the watersheds of sensitive lakes, regionally significant stream reaches,
and sphagnum bog wetlands. Redevelopment projects may apply the Basic WQ menu for all WQ
treatment areas because application of WQ treatment to these projects incrementally reduces existing
pollutant loads and concentrations to all water bodies. This benefits sensitive as well as typical water
bodies and limits the cost of stormwater treatment in areas that are already developed.
0 BASIC we MENU
The Basic WQ menu is primarily applied in areas of Federal Way where a general, cost-effective level of
treatment is desired and where more intensive, targeted pollutant removal is not needed to protect
receiving bodies. Note: The Basic WQ menu is also applied to all redevelopment projects that are subject
to Core Requirement #8,
T Threshold
H
R
E
S
H
0
L
D
A treatment option from the Basic WQ menu shall be used to treat runoff from all proposed new and
redevelopment projects in Federal Way, unless Public Works determines that a higher, or more
specialized, WQ treatment is necessary,
Treatment Goal and Options
The treatment goal for facility options in the Basic WQ menu is 80% removal of total suspended solids
(TSS) for a typical rainfall year, assuming typical pollutant concentrations in urban runoff.36 TSS is the
35 Organic content shall be measured on a dry weight basis using ASTM D2974.
36 For evaluation purposes, typical concentrations of TSS in Seattle area runoff are between 30 and 100 mg/L (Table 1, 'Water
Quality Thresholds Decision Paper,' King County Surface Water Management Division, April 1994),
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SECfION 1.2 CORE REQUIREMENTS
general performance indicator for basic water quality protection because it is the most obvious pollutant of
concern. The Basic WQ menu includes facilities such as wetponds, combined detentionlwetponds,
biofiltration swales, filter strips, and sand filters. See Chapter 6 for specific facility choices and design
details.
Intent
The Basic WQ menu is intended to be applied to both the stormwater discharges that drain to surface
waters and those that infiltrate into soils which do not provide adequate groundwater protection (see
Exemptions 4 and 5 from Core Requirement #8). Overall, the 80% TSS removal objective, in conjunction
with special requirements for source control and high-use site controls, is expected to result in good
stormwater quality for all but the most sensitive water bodies. Additional water quality treatment is
indicated only for sensitive lakes, regionally-significant stream reaches, and sphagnum bog wetlands.
(J SENSmVE LAKE PROTECTION MENU
The Sensitive Lake Protection menu is primarily applied in areas of Federal Way that drain to lakes which
have a combination of water quality characteristics and watershed development potential that makes them
particularly prone to eutrophication induced by development. Such areas are identified by Federal Way
Public Works,
Threshold
A treatment option from the Sensitive Lake Protection menu shall be used to treat runoff from any
~ proposed project (excluding redevelopment projects) which is located within a Sensitive Lake area
: identified by Public Works, AND which discharges runoff in either of the following ways:
~ 1. Discharges runoff by surface flOW37 to the lake in question, OR
0
~ 2. Infiltrates runoff in soils having high infiltration rates38 and located within one-quarter-mile of the
lake's mean-high-water level.
Notes:
.
If the proposed project is located within a Sensitive Lake Area identified by Public Works, but does
not meet the above threshold criteria, then the Basic WQ menu shall apply as detailed on page J -52.
If the project site discharges to more than one special WQfeature (Le., a sensitive lake, regionally-
significant stream reach. or sphagnum bog), the following order of precedence shall apply:
J. Sphagnum Bog Protection menu
.
2.
3.
Sensitive Lake Protection menu
Resource Stream Protection menu,
37 Surface flow means that which travels over land or in an open or piped conveyance system.
38 High infiltration rates are those in excess of 9 inches per hour as measured by the EPA method or the Double Ring
Infiltrometer method (ASTM D3385), These will typically be medium to coarse sand or gravel soil with low silt content. See
Section 5.4,1 for information on measuring infiltration rates,
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1.2,8 CORE REQUIREMENT #8: WATER QUALITY
Treatment Goal and Options
The treatment goal for facility options in the Sensitive Lake Protection menu is 50% annual average total
phosphorus (TP) removal assuming typical pollutant concentrations in urban runoff,39 This goal was
chosen as a realistic and cost-effective level of phosphorus removal. The Sensitive Lake Protection menu
includes options for using Basic WQ facilities that are sized larger, combinations of two facilities in
series,40 or a single facility in combination with land use planning elements that reduce phosphorus. See
Chapter 6 for specific facility options and design details.
Intent
A project discharging runoff via surface flow contributes phosphorus loading to a sensitive lake regardless
of distance from the lake. If discharge is via infiltration through coarse soils, it is also possible that
phosphorus would be transported through the ground for some distance without attenuation. This
groundwater transport distance is considered to typically be no more than one-quarter mile. Therefore,
onsite treatment using the Sensitive Lake Protection menu is required prior to infiltration within one-
quarter mile of a sensitive lake identified by Public Works. Infiltration through finer soils is expected to
provide significant attenuation of TP, so the general groundwater protection criteria specified on page 1-52
under "Soil Treatment Exemption" are considered sufficient for infiltration through finer soils.
0 RESOURCE STREAM PROTECTION MENU
The Resource Stream Protection menu is primarily applied in areas of Federal Way that drain to stream
reaches identified as "regionally significant" during Federal Way studies and inventories conducted in
support of watershed planning or management activities. These stream reaches are important fishery
resources where substantial aggregations of fish are likely to be present all or part of the year.
Threshold
~ A treatment option from the Resource Stream Protection menu shall be used to treat runoff from any
~ proposed project (excluding redevelopment projects) which is located within an area identified by Federal
~ Way Public Warks as needing protection under this menu, AND which discharges runoff by surface flow
H which ultimately reaches a regionally significant stream reach identified by the City of Federal Way.
Notes:
.
1fthe proposed project is within an area identified by Federal Way as needing protection under the
Resource Stream Protection Menu, but meets neither the above threshold criteria nor the criteria for
application of the Sensitive Lake Protection menu (p. 1-53) or Sphagnum Bog Protection menu (p. J-
55), then the Basic WQ menu shall apply as detailed on page 1-52,
1fthe project site discharges to more than one special WQfeature (i.e., a sensitive lake, regionally-
significant stream reach, or sphagnum bog), the following order of precedence shall apply:
.
1.
2.
Sphagnum Bog Protection menu
Sensitive Lake Protection menu
3,
Resource Stream Protection menu.
Treatment Goals and Options
The treatment goal for facility options in the Resource Stream Protection menu is 50% reduction of total
zinc. Zinc is an indicator of a wider range of metals typically found in urban runoff that are potentially
toxic to fish and other aquatic life. The Resource Stream Protection menu includes options for use of a
39 Phosphorus concentrations of between 0,10 and 0.50 mg/L are considered typical of Seattle area runoff (Table 1, 'Water
Quality Thresholds Decision paper,' King County Surface Water Management Division, April 1994).
40 In series means that the entire treatment water volume flows from one facility to the other in tum,
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SECTION 1,2 CORE REQUIREMENTS
large sand filter or a combination of two facilities in series, one of which is either a sand filter or a leaf
compost filter. See Chapter 6 for specific facility options and designs.
Intent
Facility options in the Resource Stream Protection menu are intended to remove more metals than
expected from the Basic WQ menu. Lower metal concentrations reduce the risk to fish of exposure to
both chronic and acutely toxic concentrations of metals such as copper and zinc. The Resource Stream
Protection menu is intended to apply to the entire tributary drainage area for the regionally significant
stream reach.
1:1 SPHAGNUM BOG PROTECTION MENU
The Sphagnum Bog Protection menu is primarily applied in areas of Federal Way that drain to sphagnum
bog wetlands,41 These wetlands support unique vegetation communities, and they tend to develop in areas
where water movement is minimized. Bogs are typically isolated from significant sources of surface and
ground water and receive their main water supply from rainfall. Sphagnum bog wetlands are generally
uncommon in the Puget Sound area.
Sphagnum bog wetlands have not been identified and mapped by Federal Way. Consequently, many of
these wetlands and their contributing drainage areas must be identified during wetland identification and
delineation for the project site and during offsite analysis as required in Core Requirement #2,
Threshold
~.. .. A treatment option from the Sphagnum Bog Protection menu shall be used to treat runoff from any
~ Proposed project which discharges runoff by surface flow to the plant community of a sphagnum bog
: wetland greater than 0.25 acres in size" as identified by Federal Way Public Wmxs ur througb offsite
H analysis per Core Requirement #2.
Notes:
.
If the proposed project does not meet the threshold above. then apply the area-specific WQ menu for
the WQ treatment area in which the project is located as determined in consultation with Federal Way
Public Works.
.
If the proposed project meets the threshold above. the Sphagnum Bog Protection menu will apply.
1f the proposed project is a redevelopment project. the Sphagnum Bog Protection menu is not
required but is highly recommended.
.
Treatment Goals and Options
The treatment goals for protection of sphagnum bog wetlands include the control of nutrients, alkalinity,
and pH, Although these goals may change as additional information about these wetlands becomes
available, target pollutant removals for sphagnum bog protection are currently as follows:
. Total phosphorus reduction of 50%
.
Nitrate + nitrite reduction of 40%
.
pH below 6.5
Alkalinity below 10 mg/L.
.
41 A sphagnum bog wettandis defined as a wetland dominated by sphagnum moss and which has an associated acid-loving
plant community. A technical definition can be found in the Definition section.
42 The size of a sphagnum bog wetland is defined by the boundaries of the sphagnum bog plant community,
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Federal Way 1998 Surface Water Design Manual
1.2,8 CORE REQUIREMENT #8: WATER QUALITY
Facility options to meet these goals are limited; therefore, the City discourages developments from
discharging runoff to sphagnum bog wetlands. Treatment facility options include either infiltration of
stormwater up to the IO-year event or a treatment train43 of two or three facilities in series. One of the
facilities in the train must be a sand filter. The order of facilities in the treatment train is important; see
Chapter 6 for specific facility options and design details.
Intent
Sphagnum bog wetlands support unique vegetation communities that are extremely sensitive to changes in
alkalinity and nutrients from surface water inputs. Treatment facility options emphasize reduction of
mineral elements (alkalinity) and nutrients in the runoff. Little is known about the ability of the identified
facility options to reduce alkalinity or to actually protect sphagnum-based plant communities. In addition,
the effect of frequent water level changes on the sphagnum plant community is also unknown, but it could
be damaging. Hence, the Sphagnum Bog Protection menu is expected to be changed over time as more
information becomes available.
43 A treatment train is a combination of two or more treatment BMPs connected in series (Le,. the design water volume passes
through each facility in tum).
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SECTION 1.2 CORE REQUIREMENTS
1.2.8.2
WATER QUALITY IMPLEMENTATION REQUIREMENTS
Methods of Analysis and Design
Water quality treatment facilities shall be analyzed and designed as detailed in Chapter 6.
Siting of Treatment Facilities
Required treatment facilities shall be located to treat the runoff from all contiguous PGIS exceeding the
threshold for application of Core Requirement #8 to redevelopment projects and all new PGIS on other
projects, except as allowed below under "Treatment Trades" and "Untreated Discharges." In addition, all
runoff from I acre or more of new and/or modified contiguous PGPS must also be directed to a treatment
facility.
Any other onsite or offsite runoff draining to a proposed treatment facility must be treated whether it is
from a pollution-generating surface or not. This is because treatment effectiveness is determined in part
by the total volume of runoff entering the facility,
Treatment of Pervious Surfaces
Pollution-generating pervious surfaces subject to Core Requirement #8 need only be treated using the
Basic WQ menu regardless of location, except for those surfaces draining to sphagnum bog wetlands, It is
also possible for the facility requirement to be waived if there is a good faith agreement with the King
Conservation District to implement a farm management plan for agricultural uses, or Public Works
approves a landscape management plan that controls solids, pesticides, and fertilizers leaving the site,
Treatment Trades
Runoff from areas subject to water quality treatment requirements may be excused from the onsite
treatment requirement if a pre-existing area of impervious surface of equivalent size and pollutant
characteristics lying within the same watershed or stream reach tributary area is treated on the project site.
Such substitution is subject to the following restrictions:
I. The pre-existing impervious surface is not currently being treated, is not required to be treated by any
phase of the proposed project, is not subject to NPDES or other permit requirements, and is not under
a compliance order or other regulatory action, AND
2. The proposal is reviewed and approved by Public Works.
Untreated Discharges
If site topographic constraints are such that runoff from an area must be pumped to be treated by the water
quality facility, then Public Works may allow the area to be released untreated (except for those sites
draining to a sphagnum bog wetland) provided that the following conditions are met:
I. Treatment of the constrained area by filter strip, biofiltration, or a linear sand filter is not feasible, and
a "treatment trade" as described above is not possible, AND
2. The untreated area is less than 5,000 square feet of new PGIS and is less than 5,000 square feet of
contiguous PGIS being created through any combination of new and/or replaced impervious surface
as part of a redevelopment project.
3. Any PGPS within the area to be released untreated shall be addressed with a landscape management
plan unless otherwise exempt from Core Requirement #8.
Use of Experimental Water Quality Facilities
Treatment facilities other than those identified in Chapter 6 are allowed on an experimental basis if it can be
demonstrated they are likely to meet the pollutant removal goal for the applicable receiving water. Use of
such facilities requires an experimental design adjustment to be approved by Federal Way according to
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Federal Way 1998 Surface Water Design Manual
1.2.8 CORE REQUIREMENT #8: WATER QUALITY
Section lA, "Adjustment Process" (p. 1-65). When sufficient data on perfonnance has been collected and if
performance is acceptable, the new facility will be added to the appropriate water quality menu for common
use.
Owner Responsibility for Water Quality
Regardless of the means by which a property owner chooses to meet the water quality requirements of this
manual - whether a treatment facility, a train of facilities, a treatment trade or an experimental treatment
facility - it is ultimately the responsibility of the property owner to ensure that runoff from their site does
not create water quality problems or degrade downstream beneficial uses. It is also ultimately the
responsibility of the property owner to ensure that the discharge from their property is not in violation of
State and Federal laws.
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FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON. SURFACE WATER DESIGN MANUAL
1.3
SPECIAL REQUIREMENTS
1.3.1
This section details the following five special drainage requirements which may apply to the proposed
project depending on its location or site-specific characteristics:
.
Special Requirement #1: Other Adopted Area-Specific Requirements, Section 1.3.1 (p. 1-59)
Special Requirement #2: HoodplainlFloodway Delineation, Section 1.3.2 (p. 1-61)
Special Requirement #3: Hood Protection Facilities, Section 1.3.3 (p. 1-61)
Special Requirement #4: Source Control, Section 1.3.4 (p. 1-62)
Special Requirement #5: Oil Control, Section 1.3.5 (p. 1-62).
.
.
.
.
SPECIAL REQUIREMENT #1:
OTHER ADOPTED AREA-SPECIFIC REQillREMENTS
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 and it recommends specific
land uses, regional capital projects, and special drainage requirements for future development within the
Hylebos and Lower Puget Sound basin.
Threshold
Requirement
IF a proposed project is in an area included
in an adopted basin plan. , ,
THEN the proposed project shall comply
with the drainage requirements of the basin
plan,
Application of this Requirement
The drainage requirements of adopted area-specific regulations such as basin plans shall be applied in
addition to the drainage requirements of this manual 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 this manual.
Examples of drainage requirements found in other adopted area-specific regulations include the following:
.
More or less stringent flow control
More extensive water quality controls
.
.
Forest retention requirements
Infiltration restrictions
.
.
Groundwater recharge provisions
Discharge to a constructed regional flow control or conveyance facility.
.
Adjustments to vary from the specific drainage requirements mandated by the Hylebos Creek and Lower
Puget Sound Basin Plan may be pursued through the adjustment process described in Section 1.4 of this
manual.
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SEcnON 1.3 SPECIAL REQUIREMENTS
Information on adopted basin plans can be found in Reference Section 2-B of this manual. Copies of the
Hylebos Creek and Lower Puget Sound Basin Plan are available from Public Works.
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1,3.3 SPECIAL REQUIREMENT #3: FLOOD PROTECTION FACILmES
1.3.2
SPECIAL REQUIREMENT #2:
FLOODPLAINfFLOODW A Y DELINEATION
Floodplains and floodways are subject to inundation during extreme events. The 1 OO-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 lOO-year floodplain are found in Federal Way's Environmentally Sensitive Areas and Flood
Hazard regulations.
Threshold
Requirement
IF a proposed project contains or is adjacent
to a stream, lake, wetland, or closed
depression, or if other Federal Way
regulations require study of flood hazards. . .
THEN the 1 DO-year floodplain boundaries
(and floodway, if available or if
improvements are proposed within the 100-
year floodplain) based on an approved flood
hazard study (described below) shall be
delineated on the site improvement plans
and profiles, and on any final subdivision
maps prepared for the proposed project.
Application of this Requirement
If an approved flood hazard study exists, then it may be used as the basis for delineating the floodplain and
flood way boundaries provided the study was prepared in a manner consistent with this manual 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 Section 4.4.2, "FloodplainlFloodway Analysis."
1.3.3
SPECIAL REQ VIREMENT #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.
Threshold
Requirement
IF a proposed project either:
. contains or is adjacent to a major stream
that has an existing flood protection
facility (such as a levee, revetment, or
berm), OR
. proposes to construct a new or to modify
an existing flood protection facility. , .
THEN the flood protection facilities shall be
analyzed and/or designed to conform with
the Federal Emergency Management
Administration (FEMA) regulations (44
CFR).
Application of this Requirement
The applicant is required to demonstrate conformance with FEMA regulations using the methods specified
in Section 4.4.2. In addition, cet1ain easement requirements (outlined in Section 4,1) must be met in order
to allow City access for maintenance of the facility.
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04/07/99
SECTION 1.3 SPECIAL REQUIREMENTS
1.3.4
SPECIAL REQillREMENT #4: SOURCE CONTROLS
Water quality source controls 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. King County prepared a Stormwater Pollution Control Manual for citizens, businesses, and
industries to identify and implement source controls for activities that often pollute water bodies, Federal
Way provides advice on source control implementation upon request. The City may, however, require
mandatory source controls at any time through formal code enforcement if complaints or studies reveal
water quality violations or problems.
Threshold
Requirement
IF a proposed project is either:
. a commercial, industrial, or multifamily
site development, OR
. a redevelopment project proposing
improvements to an existing commercial,
industrial, multifamily site. , ,
THEN the project must provide water quality
source controls applicable to the proposed
project in accordance with the King County
Storm water Pollution Control Manual.
Application of this Requirement
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
non structural 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.
1.3.5
SPECIAL REQUIREMENT #5: OIL CONTROL
Projects proposing to develop or redevelop a high-use site (defined below) 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.
A high-use site is anyone of the following:
. 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
. 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
.
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 gross weight (trucks, buses, trains, heavy equipment, etc.), OR
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.
.
The oil control requirement for high-use sites applies to all sites that generate high concentrations of oil,
regardless of whether the project creates new impervious surface or makes site improvements to an
existing high-use site. The traffic threshold identified focuses on vehicle turnover per square foot of
building area (trip generation) rather than ADT alone, This is because oil leakage is greatest when engines
are idling or cooling. In general, all-day parking areas are not intended to be captured by these thresholds
except for diesel vehicles, which tend to leak oil more than non-diesel vehicles. The petroleum storage
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Federal Way 1998 Surface Water Design Manual
1.3.5 SPECIAL REQUIREMENT #5: OIL CONTROL
and transfer stipulation is intended to address regular transfer operations such as service stations, not
occasional filling of heating oil tanks.
Threshold
Requirement
IF a proposed project either:
. develops a site which will have high-use
site characteristics (defined above), OR
. is a redevelopment project proposing
$100,000 or more of improvements to an
existing high-use site. . .
THEN the project must treat runoff from the
high-use portion of the site using oil control
treatment options from the High-Use menu
(described below and detailed in Chapter 6).
High-Use Menu
High-use oil control options are selected to capture and detain oil and associated pollutants. The goal of
treatment is to have no visible sheen for runoff leaving the facility, or to have less than 10 mg/L total
petroleum hydrocarbons (TPH), depending on the BMP. Oil control options include facilities that are
small, handle only a limited site area, and require frequent maintenance, as well as facilities that treat
larger areas and generally have less frequent maintenance needs. Facility choices include catch basin
inserts, linear sand filters, and oiVwater separators. See Chapter 6 for specific facility choices and design
details.
Application of this Requirement
For high-use sites located within a larger commercial center, only the impervious surface associated with
the high-use portion of the site is subject to treatment requirements. If common parking for multiple
businesses is provided, treatment shall be applied to the number of parking stalls required for the high-use
business only. However, if the treatment collection area also receives runoff from other areas, the
treatment facility must be sized to treat all water passing through it.
High-use roadway intersections shall treat lanes where vehicles accumulate during the signal cycle,
including left and right turn lanes and through lanes, from the beginning of the left turn pocket (see
Figure 1.3.5.A below). If no left turn pocket exists, the treatable area shall begin at a distance equal to
three car-lengths from the stop line, If runoff from the intersection drains to more than two collection
areas that do not combine within the intersection, treatment may be limited to any two of the collection
areas.
Note: For oil controlJacilities to be located in public road right-oj-way and maintained by Federal Way,
only coalescing plate or baffle oil/water separators shall be used unless otherwise approved by an
adjustment,
Methods of Analysis
The traffic threshold for the High-Use menu shall be estimated using information from Trip Generation,
published by the Institute of Transportation Engineers, or from a traffic study prepared by a professional
engineer or transportation specialist with experience in traffic estimation.
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SECTION 1.3 SPECIAL REQUIREMENTS
FIGURE 1.3.5.A TREATABLE AREAS FOR HIGH-USE ROAD INTERSECTIONS
High use area
á lrtersection
-----------,--
,-,------ 7-----
'-- -,- f
"'-':-~"'--'-~.' -----
: "
.., '"
~:, -i':i-',',:-
------- - ---,--
" " ..
1
"'1
1
.
,I
1
1
"'1"'"
I
I
I
I
I
T:
", ,
, I. '
"I, ,,: '
" 1
"".t'h'
I
I
I
I
I
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1-62
FEDERAL WAY ADDENDUM TO KING COUNTY. WASHINGTON. SURFACE WATER DESIGN MANUAL
1.4
ADJUSTMENT PROCESS
For proposed projects subject to drainage review by Public Works, this process is provided for the
occasions when a project proponent desires to vary from one of the core or special requirements, or any
other specific requirement or standard contained in this manual. Proposed adjustments should be
approved prior to final pennit approval, but they may be accepted up to the time Federal Way approves
final construction or accepts drainage facilities for maintenance. The adjustment application form (one
standard form serves all types of adjustments) is included in Reference Section 8-J.
Types of Adjustments
To facilitate the adjustment process and timely review of adjustment proposals, the following types of
adjustments are provided:
. Standard Adjustments: These are adjustments of the standards and requirements contained in the
following chapters and sections of this manual:
* Chapter 2, "Drainage Plan Submittal"
* Chapter 4, "Conveyance System Analysis and Design"
* Chapter 5, "How Control Design"
* Appendix C, Small Site Drainage Requirements (detached)
* Appendix D, Erosion and Sediment Control Standards (detached).
Requests for standard adjustments will be accepted only for permits pending approval or approved
permits which have not yet expired.
.
Complex Adjustments: Complex adjustments typically require more in-depth review because they
deal with more complicated requirements or requirements that affect basic City policies or other
agencies. These adjustments deviate from the requirements contained in the following chapters and
sections of this manual:
* Chapter I, "Drainage Review and Requirements"
* Chapter 3, "Hydrologic Analysis and Design"
* Chapter 6, "Water Quality Design"
* Appendix A, "Maintenance Standards"
Requests for complex adjustments will be accepted only for pennits pending approval or approved
permits which have not yet expired.
.
Preapplication Adjustments: This type of adjustment may be requested when the applicant needs an
adjustment decision to determine if a project is feasible or when the results are needed to detennine 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 preappIication meeting with Public Works.
Experimental Design Adjustments: This type of adjustment is used for proposing new designs or
methods that are not covered in this manual, that are not uniquely site specific, and that do not have
sufficient data to establish functional equivalence.
Blanket Adjustments: This type of adjustment may be established by the City based on approval of
any of the above-mentioned adjustments. Blanket adjustments are usually based on previously
approved adjustments that can be applied routinely or globally to all projects where appropriate.
Blanket adjustments are also used to effect minor changes or corrections to manual design
requirements or to add new designs and methodologies to this manual.
.
.
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SECTION 1.4 ADJUSTMENT PROCESS
1.4.1
1.4.2
1.4.3
ADJUSTMENT AUTHORITY
The Federal Way Public Works Department shall have full authority to approve or deny all types of
adjustments for any proposed project subject to drainage review by Public Works.
CRITERIA FOR GRANTING ADJUSTMENTS
Adjustments to the requirements in this manual may be granted provided that granting the adjustment will
achieve the following:
I. Produce a compensating or comparable result that is in the public interest, AND
2. Meet the objectives of safety, function, appearance, environmental protection, and maintainability
based on sound engineering judgment.
Where it has been demonstrated that meeting the criteria for producing a compensating or comparable
result will deny reasonable use of a property, the applicant shall produce the best practicable alternative as
determined by the Director of Public Works. The director or hislher designee shall assess the case to
affirm that denial of reasonable use would occur and to require the practicable alternative that best
achieves the spirit and intent of the requirement. Public Works staff shall provide recommendations to the
director on the best practicable alternative to be required.
Granting any adjustment that would be in conflict with the requirements of any other Federal Way
department will require review and concurrence with that department.
Experimental Design Adjustments
Experimental design adjustments that request use of an experimental water quality facility or flow control
facility will be approved by Public Works on a limited basis if, upon evaluation, Public Works agrees the
following criteria are met:
I. The new design is likely to meet the identified target pollutant removal goal or flow control
performance based on limited 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 born and
reliably performed by the applicant or property owner, AND
4. A share of the cost of monitoring to determine facility performance is contributed by the applicant or
property owner.
Conditions for approval of these adjustments may include a requirement for setting aside an extra area and
posting a financial guarantee for construction of a conventional facility should the experimental facility
fail. Once satisfactory operation of the experimental facility is verified, the set aside area could be
developed and the financial guarantee released,
ADJUSTMENT APPLICATION PROCESS
Standard and Complex Adjustments
The application process for standard and complex adjustments is as follows:
. Requests for standard and complex adjustments will be accepted only for permits pending approval or
approved permits which have not yet expired.
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Federal Way 1998 Surface Water Design Manual
1.4,4 ADJUSTMENT REVIEW PROCESS
1.4.4
.
The completed adjustment request application forms must be submitted to Public Works along with
sufficient engineering information (described in Chapter 2) to evaluate the request. The application
shall note the specific requirement for which the adjustment is sought.
If the adjustment request involves use of a previously unapproved construction material or
construction practice, the applicant should submit documentation that includes, but is not limited to, a
record of successful use by other agencies and/or evidence of meeting criteria for quality and
performance, such as that for the American Association of State Highway and Transportation Officials
(AASHTO) and the American Society of Testing and Materials (ASTM).
.
.
A fee reduction may be requested if it is demonstrated that the adjustment request requires little or no
, . .
engmeenng reView,
Preapplication Adjustments
The application process is the same as for standard and complex adjustments except that requests will be
accepted prior to permit application, but only 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, AND
. Sufficient engineering information to evaluate the request is provided.
Experimental Design Adjustments
The application process is the same as for standard and complex adjustments except that requests will be
accepted prior to permit application.
Blanket Adjustments
There is no application process for blanket adjustments because they are initiated and issued solely by the
City,
ADJUSTMENT REVIEW PROCESS
The general steps of the review process for specific types of adjustments are presented as follows.
Standard and Complex Adjustments
.
Public Works staff will review the adjustment request application forms and documentation for
completeness and inform the applicant in writing as to whether additional information is required from
the applicant in order to complete the review. The applicant will also be informed if Public Works
determines that special technical support is required in cases where the adjustment involves a major
policy issue or potentially impacts a Public Works drainage facility.
The Public Works director or designee will review and either approve or deny the adjustment request
following Public Work'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.
Preapplication Adjustments
The review process is the same as for standard and complex adjustments except that approvals will expire
one year after the approval date, unless a complete permit application is submitted and accepted.
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SECI'lON 1.4 ADJUSTMENT PROCESS
Experimental Design Adjustments
.
Public Works staff will review the submitted material and inform the applicant as to whether
additional information is required in order to complete the review, Public Works will also inform the
applicant as to how much time is estimated to complete the review.
The Public Works director or designee will review and either approve or deny the adjustment request
in writing.
.
Blanket Adjustments
Blanket adjustments will be established by Public Works based on:
I. A previously approved standard, complex, preapplication, or experimental design adjustment and
supporting documentation, AND
2. Information presenting the need for the blanket adjustment. Typically, blanket adjustments should
apply globally to design or procedural requirements and be independent of site conditions.
1.4.5
APPEAL PR DCED URE
The applicant may appeal the denial or approval conditions of an adjustment request by submitting a
formal letter to the Public Works 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. A per-hour review fee will be
charged to the applicant for City review of an appeal.
The Public Works Director or designee may grant an exception from the adjustment denial or approval
conditions provided that the Director's findings conclude 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,
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Federal Way 1998 Surface Water Design Manual
CHAPTER 2 Section 2.1 Plans for Permits and 2-3
Drainage Review
D RAINA G E PLAN Section 2.2 Plans Required with Initial 2-7
SUBMITTAL SEPA and land Use Review
Section 2.2.1 Subdivision, Short Plat, 2-7
Commercial Site
Developments and Binding Site
Plans
Section 2.2.2 Single family Residential 2-8
Section 2.2.3 Other Permits 2-8
Section 2.3 Plans Required for Building 2-9
Permit Drainage Review
CITY OF FEDERAL WAY Section 2.3.1 Engineering Plan Specifications 2-9
ADDENDUM TO Section 2.3.2 Projects in Targeted Drainage 2-30
KING COUNTY, W ASmNGTON Review
SURF ACE WATER Section 2.4 Plans Required After 2-33
DESIGN MANUAL Drainage Review
Section 2.4.1 Plan Changes After Permit 2-33
Issuance
Section 2.4.2 Final Corrected Plan Submittal 2-33
Section 2.4.3 Final Plat, Short Plat, and 2-33
Binding Site Plan Submittals
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FEDERAL WAY ADDENDUM TO KING COUNTY. WASHINGTON. SURFACE WATER DESIGN MANUAL
CHAPTER 2
DRAINAGE PLAN SUBMITTAL
This chapter details the drainage related submittal requirements for engineering design plans as part of a
permit application to the Federal Way Public Works Department. The intent of these requirements is to
present consistent formats for design plans and the technical support data required to develop the plans.
These conventions are necessary to review engineering designs for compliance with Federal Way
ordinances and regulations. and to ensure the intent of the plan is easily understood and implemented in
the field. Properly drafted design plans and supporting information also facilitate the construction,
operation, and maintenance of the proposed system long after its review and approval. When plans
comply with the formats and specifications contained herein, they facilitate review and approval with a
minimum of time-consuming corrections and resubmittals.
Note that this chapter primarily describes how to submit drainage plans for review-what must be
submitted, in what formats, at what times and to what offices. The basic drainage requirements that these
plans must address are contained in Chapter I. "Drainage Review and Requirements." The specific design
methods and criteria to be used are contained in Chapters 3, 4, 5, and 6.
Several key forms used in the plan review process are reproduced in Reference Section 8. "Plan Review
Forms and Worksheets." For information on general requirements for any permit type and on the
appropriate submittal location, refer to the customer information bulletins prepared by the Federal Way
Public Works Department for this purpose.
Chapter Organization
The information presented in this chapter is organized into four main sections as follows:
.
Section 2, I, "Plans for Permits and Drainage Review" (p. 2-3)
Section 2.2, "Plans Required with Initial SEPA and Land Use Review" (p, 2-7)
Section 2.3. "Plans Required for Building Permit Drainage Review" (p. 2-9)
Section 2.4, "Plans Required After Drainage Review" (p. 2-33).
.
.
.
These sections begin on odd pages so that tabs can be inserted by the user if desired for quicker reference,
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Federal Way Surface Water Design Manual
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
2.1
PLANS FOR PERMITS AND DRAINAGE REVIEW
The Federal Way Public Works Department is responsible for the review of all engineering aspects of
private development proposals. Drainage review is a primary concern of engineering design. This section
describes the types of engineered drainage plans required for engineering review at various permit
review stages. Refer to the Federal Way Public Works Department customer information bulletinsfor
other details or requirements, such as the submittal and expiration periods set for each type of permit
application, review fees, right-of-way use requirements, and other code requirements.
0 PLANS REQUIRED FOR PERMIT SUBMITIAL
Most projects require some degree of drainage plans or analysis to be submitted with the initial permit
application (see Table 2.2, I ,A, p. 2-5). Subdivisions, short plats, commercial site developments, and
binding site plans require engineered preliminary plans be submitted with the initial land use permit
application, Preliminary plans provide general information on the proposal, including location of
environmentally sensitive areas, road alignments and right-of-way, site topography, building locations,
land use information, and lot dimensions. They are used to determine the appropriate drainage conditions
and requirements to be applied to the proposal during the drainage review process.
Single family residential building permits with one undeveloped lot require only a site plan with the initial
permit application. Other permits may have project specific drainage requirements determined by the
Federal Way Public Works Department or described in Federal Way Public Works Department customer
information bulletins.
0 PLANS REQUIRED FOR DRAINAGE REVIEW
For drainage review purposes, engineering plans consist of the following:
I, Site improvement plans, which include all plans, profiles, details, notes, and specifications necessary
to construct road, drainage, and off-street parking improvements (see Section 2.3,1.2, p. 2-20).
2, A technical information report (TIR), which contains all the technical information and analysis
necessary to develop the site improvement plan (see Section 2.3.1.1, p. 2-11).
3,
An erosion and sediment control (ESC) plan (see Section 2.3.1.3, p. 2-27),
Note: A landscape management plan is also included if applicable (see Section 2.3,1.4. p. 2-29).
Projects under Targeted Drainage Review usually require engineering plans, except that only certain
sections of the technical information report are required to be completed and the site improvement plan
may have a limited scope depending upon the characteristics of the proposed project. The scope of these
plans should be confirmed during the project predesign meeting with the Federal Way Public Works
Department. For other permits, such as single family residential permits, the scope of the targeted
engineering analysis is usually determined during Federal Way Public Works Department engineering
revIew.
Projects without major drainage improvements may be approved to submit a modified site
improvement plan. Major drainage improvements usually include water quality or flow control facilities,
conveyance systems, bridges, and road right-of-way improvements, For projects requiring engineering
plans for road construction, a modified site improvement plan is not allowed. See Section 2.3.1.2,
(p. 2-20) for further information.
Plans Required for Small Site Drainage Review
Small site drainage plans are a simplified form of site improvement and ESe plans (without a TIR) which
can be prepared by a non-engineer from a set of pre-engineered design details. Small site drainage plans
are only allowed for projects in Small Site Drainage Review.
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Federal Way Surface Water Design Manual
SECTION 2.1 PLANS FOR PERMITS AND DRAINAGE REVIEW
For single family residential permits, the level and scope of drainage plan requirements are determined by
the Federal Way Public Works Department during drainage review. Some projects qualifying for Small
Site Drainage Review may also requiI:e Targeted Drainage Review.
TABLE 2.2.1.A DRAINAGE PLAN SUBMITI' ALS
Type of Permit Plans Required with Type of Plans Required for
or Project Initial Land Use Permit Drainage Review Building Permit Drainage
Application Review
SUBDIVISIONS, Plat Map(') Full or Targeted Drainage . Preliminary Plans(')
BINDING SITE Preliminary Plans(') Review(2) . Engineering Plans(3)
PLANS Level 1 Downstream
Analysis
SHORT PLATS Plat Map(') Small Site Drainage Small Site Drainage Plans(S)
Preliminary Plans(') Review
Level 1 Downstream
Analysis(4) Small Site Drainage . Small Site Drainage Plans(S)
Review AND Ta1eted . Engineering Plans(3)
Drainage Review)
Full or Targeted Drainage Engineering Plans(3)
Review(2)
COMMERCIAL Preliminary Plans(1) Full or Targeted Drainage Engineering Plans(3)
Engineering Plans(2),(3) Review
Small Site Drainage Small Site Drainage Plans(S)
Review
SINGLE FAMILY Site Plant') Small Site Drainage . Small Site Drainage Plans(S)
RESIDENTIAL
BUILDING Review AND Tar~eted . Engineering Plans(3)
PERMITS Drainage Review)
Full or Targeted Drainage Engineering Plans(3)
Review(2)
OTHER Project-specific (contact Full or Targeted Drainage Engineering Plans(3)
PROJECTS OR the Federal Way Public Review(2)
PERMITS Works Department or use
Federal Way Public Works
Department customer
information bulletins)
Notes:
(1) Submittal specifications for these plans are found in the application packages and in Federal Way
Public Works Department Customer information Bulletins.
(2) Submittal specifications for Targeted Drainage Review are found in Section 2.3.2 (p. 2-30).
(3) Submittal specifications for engineering plans are detailed in Section 2.3.1 (p. 2-9).
(4) Federal Way Public Works will determine if a Level 1 Downstream Analysis is required.
(S) Specifications for submittal of small site drainage plans are found in Appendix C, Small Site Drainage
Requirements (detached).
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2.2
PLANS REQUIRED WITH INITIAL SEP A AND LAND USE
REVIEW
This section describes the submittal requirements during the SEPA and Land Use Review Process for the
City of Federal Way.
Note: If engineering plans are required to be submitted with the initial permit application, they must be
accompanied by the appropriate supporting documents (e.g" required application forms, an
environmental checklist, etc,), For more details, see Reference Section 8 of this manual and Federal Way
Public Works Department customer information bulletins,
Design Plan Certification
All preliminary plans and engineering plans must be stamped by a licensed civil engineer registered in
the State of Washington.
All land boundary surveys and legal descriptions used for preliminary and engineering plans must be
stamped by a professional land surveyor registered in the State of Washington, Topographic survey data
and mapping prepared specifically for a proposed project may be performed by the licensed civil engineer
stamping the engineering plans as allowed by the Washington State Board of Registration for Professional
Engineers and Land Surveyors.
2.2.1
SUBDIVISION, SHORT PLAT, COMMERCIAL SITE
DEVELOPMENTS AND BINDING SITE PLANS
Applications for proposed subdivision, commercial site developments, and binding site plan projects must
include engineered preliminary plans, which are used to help determine engineering plan requirements.
Preliminary plans shall include the following:
I, A conceptual drainage plan prepared, stamped, and signed by a licensed civil engineer registered in
the State of Washington, This plan must show the location and type of the following:
a) Existing and proposed flow control facilities
b) Existing and proposed water quality facilities
c) Existing and proposed conveyance systems,
The level of detail of the plan should correspond to the complexity of the project.
2, A Levell Downstream Analysis as required in Core Requirement #2 and outlined under "TIR
Section 3, Offsite Analysis" (p. 2-12). This offsite analysis shall be submitted in order to assess
potential offsite drainage impacts associated with development of the project, and to help propose
appropriate mitigation of those impacts. A higher level of offsite analysis may be requested by the
Federal Way Public Works Department prior to preliminary approval, or as a condition of engineering
plan submittal. The offsite analysis must be prepared, stamped, and signed by a licensed civil
engineer registered in the State of Washington.
The Level I Downstream Analysis is required for all short plats except those meeting the exemptions
outlined in Section 1.2.2 or qualifying for Small Site Drainage Review for the entire project. A higher
level of offsite analysis may be requested by the Federal Way Public Works Department prior to
preliminary approval, or as a condition of engineering plan submittal.
3, Survey/topographic information. The submitted site plan and conceptual drainage plan shall
include the following:
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2.2.2
2.2.3
a) Field topographic base map to accompany application (aerial topography allowed with Federal
Way Public Works Department pennission)
b) Name and address of surveyor and surveyor's seal and signature
c) Notation for field or aerial survey
d) Datum and benchmarkllocation and basis of elevation
e) Location of all environmentally sensitive areas (include the Federal Way designation number, or
identify as undesignated)
f) Contour intervals per the following chart:
Zoning Designation Contour Intervals
Densities of developed area of 2 feet at less than 15% slope
over 2 DU per acre 5 feet at 15% slope or more
Densities of developed area of 5 feet
2 DU or less per acre
SINGLE FAMILY RESIDENTIAL
Applications for most single family residential pennits 1 require a non-engineered site plan to be
submitted. The specifications for site plans are outlined in Appendix C, Small Site Drainage
Requirements.
OTHER PERMITS
Other permit applications' will require project-specific information. Initial submittal requirements can be
obtained by contacting the Federal Way Public Works Department or consulting the Federal Way Public
Works Department customer information bulletins.
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2.3
PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE
REVIEW
This section presents the specifications and contents required of plans to facilitate drainage review. Most
projects subject to Full Drainage Review will require engineering plans that include a technical
information report (TIR), $ite improvement plan$, and an erosion and sediment control (ESC) plan.
In addition, a landscape management plan may also be required to comply with Core Requirement #8
(see Section 1.2.8). For more information on the types of projects subject to Full Drainage Review, see
Section 1.1.2.3.
Small projects with specific drainage concerns that are subject to Targeted Drainage Review, also
require engineering plans that include the same elements, except that the TIR may be of limited scope.
The site improvement plans and ESC plans may also be of limited scope, but must meet all applicable
specifications. For more information on the types of projects subject to Targeted Drainage Review, see
Section 1.1.2.2.
Projects which qualify for Small Site Drainage Review may be required to submit small site drainage
plans. These are simplified drainage and erosion control plans which can be prepared by a non-engineer
from a set of pre-engineered design details, and which do not require a TIR, The Small Site Drainage
Requirements booklet available at the King County Department of Development and Environmental
Services and appended to this manual (detached Appendix C) contains the specifications for small site
drainage plans and details on the Small Site Drainage Review process,
Note: Projects in Small Site Drainage Review may be required to submit engineering plans if they are
also subject to Targeted Drainage Review as determined in Section ],].2.2 and Appendix C. Also, short
plats in Small Site Drainage Review will be required to submit engineering plans if roadway construction
is a condition of preliminary approval.
Design Plan Certification
All preliminary plans and engineering plans must be stamped by a licensed civil engineer registered in the
State of Washington.
All land boundary surveys, and legal descriptions used for preliminary and engineering plans must be
stamped by a professional land surveyor registered in the State of Washington. Topographic survey data
and mapping prepared specifically for a proposed project may be performed by the licensed civil engineer
stamping the engineering plans as allowed by the Washington State Board of Registration for Professional
Engineers and Land Surveyors,
2.3.1
ENGINEERING PLAN SPECIFICATIONS
For drainage review purposes, engineering plans must consist of the following:
I, A technical information report (TIR) as detailed in Section 2.3.1, I (p. 2-11), AND
2. Site improvement plans as detailed in Section 2.3.1.2 (p. 2-20), AND
3, An erosion and sediment control (ESC) plan as detailed in Section 2.3.1.3 (p. 2-27).
Also, if applicable per Section 1.2.8, a landscape management plan, as detailed in Section 2,3.1.4
(p. 2-29), must be included.
Projects in Targeted Drainage Review require a limited scope TIR with site improvement plans and an
ESC plan, as detailed in Section 2.3.2 (p. 2-30). The Federal Way Public Works Department may allow a
modified site improvement plan for some projects in Targeted Drainage Review (see Section 2.3.2, p. 2-
30) or where major improvements (e.g., detention facilities, conveyance systems, bridges, road right-of-
way improvements, etc.) are not proposed.
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SECfION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
2.3.1.1
TECHNICAL INFORMATION REPORT (TIR)
The full TIR should be a comprehensive supplemental report containing all technical information and
analysis necessary to develop the site improvement plan. This report should contain all calculations,
conceptual design analysis, reports, and studies required and used to construct a complete site improvement
plan based on sound engineering practices and careful geotechnical and hydrological design. The TIR must
be stamped and dated by a licensed civil engineer registered in the State of Washington.
The TIR shall contain the following ten sections, preceded by a table of contents:
1 , Project Overview
2. Conditions and Requirements Summary
3, Offsite Analysis
4. Flow Control and Water Quality Facility Analysis and Design
5. Conveyance System Analysis and Design
6. Special Reports and Studies
7. Other Permits
8. ESC Analysis and Design
9. Bond Quantities, Facility Summaries, and Declaration of Covenant
10. Operations and Maintenance Manual.
Every TIR must contain each of these sections; however, if a section does not apply, the applicant may
simply mark "N/A" with a brief explanation. This standardized format allows a quicker, more efficient
review of information required to supplement the site improvement plan.
The table of contents should include a list of the ten section headings and their respective page numbers,
a list of tables with page numbers, and a list of numbered references, attachments, and appendices.
When the TIR package requires revisions, the revisions must be submitted in a complete TIR package.
I:J 11R SEC110N 1
PROJECT OVERVIEW
The project overview must provide a general description of the proposal, predeveloped and developed
conditions of the site, site area and size of the improvements, and the disposition of stormwater runoff
before and after development. The overview shall identify and discuss difficult site parameters, the natural
drainage system, and drainage to and from adjacent property, including bypass flows.
The following figures are required:
Figure 1. TIR Worksheet
Include a copy of the TIR Worksheet (see Reference Section 8-A),
Figure 2. Site Location
Provide a map that shows the general location of the site. Identify all roads that border the site and all
significant geographic features and environmentally sensitive areas (lakes, streams, steep slopes, etc.).
Figure 3. Drainage Basins, Subbasins, and Site Characteristics
This figure shall display the following:
I. Show acreage of subbasins.
2. Identify all site characteristics.
3. Show existing discharge points to and from the site.
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4. Show routes of existing, construction, and future flows at all discharge points and downstream
hydraulic structures.
5. Use a minimum USGS 1:2400 topographic map as a base for the figure.
6. Show (and cite) the length of travel from the farthest upstream end of a proposed storm system in the
development to any proposed flow control facility.
Figure 4. Soils
Show the soils within the following areas:
1. The project site
2. The area draining to the site
3. The drainage system downstream of the site for the distance of the downstream analysis (see Section
1.2.2).
Copies of King County Soil Survey maps may be used; however, if the maps do not accurately represent
the soils for a proposed project (including offsite areas of concern), it is the design engineer's
responsibility to ensure that the actual soil types are properly mapped. Soil classification symbols which
conform to the SCS Soil Survey for King County shall be used, and the equivalent KCRTS soil type (till,
outwash, or wetlands) shall be indicated (see Table 3.2.2.B).
All urban plats and short plats (creating lots less than 22,000 square feet) must evaluate onsite soils for
suitability for roof downspout infiltration as detailed in Section 5.1.1. This soils report, as well as
geotechnical investigations necessary for proposed infiltration facilities, should be referenced in the TIR
Overview and submitted under Special Reports and Studies, TIR Section VI. A figure in the required
geotechnical report that meets the above requirements may be referenced to satisfy I, 2, and 3 above.
Q TlR SECTION 2
CONDmONS AND REQUIREMENTS SUMMARY
The intent of this section is to ensure all preliminary approval conditions and applicable requirements
pertaining to site engineering issues have been addressed in the site improvement plan. All conditions and
requirements for the proposed project should be included.
In addition to the core requirements of this manual, adopted basin plans and other plans as listed in
Special Requirement #1 should be reviewed and applicable requirements noted. Environmentally sensitive
area requirements, conditions of plat approval, and conditions associated with development requirements
(e.g., conditional use permits, rezones, variances and adjustments, SErA mitigations. etc.) should also be
included,
Q TlR SECTION 3
OFFSITE ANALYSIS
All projects in engineering review shall complete, at a minimum, an Offsite Analysis. except for projects
meeting the exemptions outlined in Section 1.2.2. The Offsite Analysis is usually completed as part of the
initial permit application and review process, and is to be included in the TIR. Note: If offsite conditions
have been altered since the initial submittal, a new offsite analysis may be required.
The primary component of the offsite analysis is the downstream analysis described in detail below.
Upstream areas are included in this component to the extent they are expected to be affected by backwater
effects from the proposed project. Other components of the offsite analysis could include. but are not
limited to, evaluation of impacts to fish habitat, groundwater levels, groundwater quality, or other
environmental features expected to be significantly impacted by the proposed project due to its size or
proximity to such features,
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SECJ10N 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
Levels of Analysis
The offsite analysis report requirements vary depending on the specific site and downstream conditions.
Each project submittal shall include at least a Levell downstream analysis. Upon review of the Level I
analysis, the Federal Way Public Works Department may require a Level 2 or Level 3 analysis. If
conditions warrant, additional, more detailed analysis may be required. Note: Potential impacts upstream
of the proposal shall also be evaluated.
Levell Analysis
The Level I analysis is a qualitative survey of each downstream system leaving a site. This analysis is
required for all proposed projects and shall be submitted with the initial permit application.
Depending on the findings of the Levell analysis, a Level 2 or 3 analysis may need to be completed
or additional information may be required. If further analysis is required, the applicant may schedule
a meeting with Federal Way Public Works Department staff.
Level 2 or 3 Analysis
If problems are identified in the Levell analysis, a Level 2 (rough quantitative) analysis or a Level 3
(more precise quantitative) analysis may be required to further evaluate proposed mitigation for the
problem, Federal Way Public Works Department staff will determine whether a Level 2 or 3 analysis
is required based on the evidence of existing or potential problems identified in the Level I analysis
and on the proposed design of on site drainage facilities. The Level 3 analysis is required when results
need to be as accurate as possible: for example, if the site is flat; if the system is affected by
downstream controls; if minor changes in the drainage system could flood roads or buildings; or if the
proposed project will contribute more than 15 percent of the total peak flow to the drainage problem
location. The Level 2 or 3 analysis may not be required if the Federal Way Public Works Department
determines from the Level I analysis that adequate mitigation can be developed.
Additional Analysis
Additional, more detailed hydrologic analysis may be required if the Federal Way Public Works
Department determines that the downstream analysis has not been sufficient to accurately determine
the impacts of a proposed project on an existing or potential drainage problem. This more detailed
analysis may include a point of compliance analysis as detailed in Section 3.3,6.
Scope of Analysis
Regardless of the level of downstream analysis required, the applicant shall define and map the study area
(Task I), review resources (Task 2), inspect the study area (Task 3), describe the drainage system and
problems (Task 4), and propose mitigation measures (Task 5) as described below,
Task 1. Study Area Definition and Maps
For the purposes of Task 2 below, the study area shall extend downstream one mile (minimum
flowpath distance) from the proposed project discharge location and shall extend upstream as
necessary to encompass the offsite drainage area tributary to the proposed project site. For the
purposes of Tasks 3, 4, and 5, the study area shall extend downstream to a point on the drainage
system where the proposed project site constitutes a minimum of 15 percent ofthe total tributary
drainage area, but not less than one-quarter mile (minimum flowpath distance). The study area shall
also extend upstream of the project site a distance sufficient to preclude any back water effects from
the proposed project.
The offsite analysis shall include (I) a site map showing property lines, and (2) the best available
topographical map (e.g., from the Federal Way Public Works Department, Department of
Transportation map counter, Sewer District, or at a minimum a USGS I :24000 Quadrangle
Topographic map) with the study area boundaries, site boundaries, downstream flowpath, and
potential/existing problems (Task 4) shown. Other maps, diagrams, and photographs such as aerial
photos may be helpful in describing the study area.
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Task 2. Resource Review
To assist the design engineer in preparing an offsite analysis, Federal Way has gathered information
regarding existing and potential flooding and erosion problems. For all levels of analysis, all of the
resources described below shall be reviewed for existing/potential problems in the study area
(upstream and one mile downstream of the project site):
. Adopted basin plans (available at the Federal Way Public Works Department and the library)
. Finalized drainage studies (available at the Federal Way Public Works Department)
. Basin Reconnaissance Summary Reports and I "=400' scale problem summary maps (available
at the Federal Way Public Works Department and the library)
. FIoodplainlfloodway (FEMA) maps (available at the Federal Way Public Works Department and
the library)
. Other offsite analysis reports in the same subbasin, if available (check with the Federal Way
Public Works Department records staff)
. Environmentally Sensitive Areas Map (available at the Federal Way Public Works Department
- must be used to document the distance downstream from proposed project to nearest
environmentally sensitive areas identified on the map)
. Road drainage problems (check with the DOT Roads Maintenance and Operations Division)
. u.s. Department of Agriculture, King County Soils Survey (available at the Federal Way Public
Works Department and the library)
. Wetlands Inventory maps (available at the Federal Way Public Works)
PotentiaVexisting problems identified in the above documents shall be documented in the Drainage
System Table (see Reference Section 8-B) as well as described in the text of the Levell
Downstream Analysis Report. If a document is not available for the site, note in the report that the
information was not available as of a particular date. If necessary, additional resources are available
from Federal Way, the Washington State Department of Fisheries and Wildlife (WDFW), the State
Department of Ecology (DOE), the United States Army Corps of Engineers (Corps), and the public
works departments of other municipalities in the vicinity of the proposed project site.
Task 3. Field Inspection
The design engineer shall physically inspect the existing on- and offsite drainage systems of the study
area for each discharge location. Specifically, he/she shall investigate any evidence of the following
existing or potential problems and drainage features:
Level 1 Inspection:
1. Investigate any problems reported or observed during the resource review.
2. Locate all existing/potential constrictions or lack of capacity in the existing drainage system.
3. Identify all existing/potential flooding or nuisance problems as defined in Section 1.2.2.1.
4. Identify existing/potential overtopping, scouring, bank sloughing, or sedimentation.
5. Identify significant destruction of aquatic habitat or organisms (e.g., severe siltation, bank
erosion, or incision in a stream).
6. Collect qualitative data on features such as land use, impervious surfaces, topography, and
soil types.
7. Collect information on pipe sizes, channel characteristics, drainage structures, and
environmentally sensitive areas (e.g., wetlands, streams, steep slopes).
8. Verify tributary basins delineated in Task 1.
9. Contact neighboring property owners or residents in the area about past or existing drainage
problems, and describe these in the report (optional).
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SECI10N 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
10. Note the date and weather conditions at the time of the inspection.
Level 2 or 3 Inspection:
I. Perform a Levell Inspection.
2. Document existing site conditions (approved drainage systems or pre-I 979 aerial
photographs) as defined in Core Requirement #3.
3. Collect quantitative field data. For Level 2, collect non-survey field data using hand tapes,
hand reel, and rods; for Level 3, collect field survey profile and cross-section topographic
data prepared by an experienced surveyor,
Task 4. Drainage System Description and Problem Descriptions
Each drainage system component and problem shall be addressed in the offsite analysis report in three
places: on a map (Task 1), in the narrative (Task 4), and in the Offsite Analysis Drainage System
Table (see Reference Section 8-B).
Drainage System Descriptions: The following information about drainage system components such
as pipes, culverts, bridges, outfalls, ponds, tanks, and vaults shall be included in the report:
I. Location (corresponding map label and distance downstream/upstream from site discharge)
2. Physical description (type, size, length, slope, vegetation, and land cover)
3, Problems
4. Field observations.
Problem Descriptions: All existing or potential problems (e.g., ponding water, higMow flows,
siltation, erosion, etc.) identified in the resource review or field inspection shall be described in the
offsite analysis. These descriptions will help in determining if such problems are one of three defined
problem types that require special attention per Core Requirement #2 (see Section 1.2.2.1). Special
attention may include more analysis, additional flow control, or other onsite or offsite mitigation
measures as specified by the problem-specific mitigation requirements set forth in Section 1.2.2.2,
The following information shall be provided for each existing or potential problem:
I, Description of the problem (ponding water, high or low flows, siltation, erosion, slides, etc.).
2. Magnitude of or damage caused by the problem (siltation of ponds, dried-up ornamental ponds,
road inundation, flooded property, flooded building, flooded septic system, significant destruction
of aquatic habitat or organisms).
3. General frequency and duration of problem (dates and times the problem occurred, if available).
4. Return frequency of storm or flow (cfs) of the water when the problem occurs (optional for Level
I and required for Levels 2 and 3). Note: A Level 2 or 3 analysis may be required to accurately
identify the return frequency of a particular downstream problem; see Section 3.3.3.
5. Water surface elevation when the problem occurs (e.g., elevation of building foundation, crest of
roadway, elevation of septic drainfields, or wetland/stream high water mark).
6. Names and concerns of involved parties (optional for all levels of analysis).
7. Current mitigation of the problem.
8. Possible cause of the problem.
9. Whether the proposed project is likely to aggravate (increase the frequency or severity of) the
existing problem or create a new one based on the above information. For example, an existing
erosion problem should not be aggravated if Level 2 flow control is already required in the region
for the design of onsite flow control facilities. Conversely, a downstream flooding problem
inundating a home every 2 to 5 years will likely be aggravated if only Level I flow control is
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2.3.1 ENGINEERING PLAN SPECIFICATIONS - TIR
being applied in the region. See Section 1.2.3.1 for more details on the effectiveness of flow
control standards in addressing downstream problems.
Task 5. Mitigation of Existing or Potential Problems
For any existing or potential offsite drainage problem determined to be one of the three defined
problem types in Section 1.2.2.1, the design engineer must demonstrate that the proposed project
neither aggravates (if existing) nor creates the problem as specified in the problem-specific mitigation
requirements set forth in Section 1.2.2.2. To meet these requirements, the proposed project may need
to provide additional onsite flow control as specified in Table 1.2.3.A (see also Section 3.3,5), or other
onsite or offsite mitigation measures as described in Section 3.3.5.
D TlR SECTION 4
FLOW CONTROL AND WATER QUALITY FACILITY ANALYSIS AND DESIGN
Existing Site Hydrology (Part A)
This section of the TIR should include a discussion of assumptions and site parameters used in analyzing
the existing site hydrology.
The acreage, soil types, and land covers used to determine existing flow characteristics, along with basin
maps, graphics, and exhibits for each subbasin affected by the development, should be included.
The following information must be provided on a topographical map:
I, Delineation and acreage of areas contributing runoff to the site
2. Aow control facility location
3. Outfall
4. Overflow route.
The scale of the map and the contour intervals must be sufficient to determine the basin and subbasin
boundaries accurately. The direction of flow, the acreage of areas contributing drainage, and the limits
of development should all be indicated on the map.
Each subbasin contained within or flowing through the site should be individually labeled and KCRTS
parameters referenced to that subbasin.
All natural streams and drainage features, including wetlands and depressions, must be shown. Rivers,
closed depressions, streams, lakes, and wetlands must have the tOO-year floodplain (and flood way where
applicable) delineated as required in Special Requirement #2 (see Section 1.3.2) and by the
Environmentally Sensitive Areas regulations.
Developed Site Hydrology (Part B)
This section should provide narrative, mathematical, and graphical presentations of parameters selected
and values used for the developed site conditions, including acreage, soil types and land covers, roadway
layouts, and all constructed drainage facilities.
Developed subbasin areas and flows should be clearly depicted on a map and cross-referenced to
computer printouts or calculation sheets. Relevant portions of the calculations should be highlighted and
tabulated in a listing of all developed subbasin flows.
All maps, exhibits, graphics, and references used to determine developed site hydrology must be included,
maintaining the same subbasin labeling as used for the existing site hydrology whenever possible. If the
boundaries of the subbasin have been modified under the developed condition, the labeling should be
modified accordingly (e.g., Subbasin "Am" is a modified version of existing Subbasin "A").
Performance Standards (Part C)
The design engineer shall include brief discussions of the following:
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SECfION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
.
The area-specific flow control standard detennined from the Flow Control Applications Map per
Section 1.2.3.1 and any modifications to the standard to address onsite or offsite drainage conditions;
The applicable conveyance system capacity standards per Section 1.2.4; and
The applicable area-specific water quality treatment menu detennined from the Hylebos Creek and
South Puget Sound Basin Plan and Reference 2B of the KCSWDM per Section 1.2.8, I, and any
applicable special requirements for source control or oil control detennined from Sections 1.3.4 and
1.3.5.
.
.
Flow Control System (Part D)
This section requires an illustrative sketch of the flow control facility and its appurtenances, This sketch
must show basic measurements necessary to calculate the storage volumes available from zero to the
maximum head, all orifice/restrictor sizes and head relationships, and control structure/restrictor
orientation to the facility.
The applicant should include all computer printouts, calculations, equations, references, storage/volume
tables, graphs, and any other aides necessary to clearly show results and methodology used to
determine the storage facility volumes. KCRTS facility documentation files, "Compare Flow
Durations" files, peaks files, return frequency or duration curves, etc., should be included to verify the
facility meets the performance standards indicated in Part C. The volumetric safety factor used in the
design should be clearly identified, as well as the reasoning used by the design engineer in selecting the
safety factor for this project.
Water Quality System (Part E)
This section provides an illustrative sketch of the proposed water quality facility (or facilities), source
controls, oil controls, and appurtenances. This sketch (or sketches) should show overall measurements
and dimensions, orientation on the site, location of inflow, bypass, and discharge systems, etc. If the
water quality credit option is used as allowed in Section 6.1.2, provide documentation in Part E of the
actions that will be taken to acquire the requisite credits.
The applicant should include all computer printouts, calculations, equations, references, and graphs
necessary to show the facility was designed and sized in accordance with the specifications and
requirements in Chapter 6.
I:J TlR SECTION 5
CONVEYANCE SYSTEM ANALYSIS AND DESIGN
This section should present a detailed analysis of any existing conveyance systems, and the analysis and
design of the proposed storm water collection and conveyance system for the development. This
information should be presented in a clear, concise manner that can be easily followed, checked, and
verified. All pipes, culverts, catch basins, channels, swales, and other stormwater conveyance
appurtenances must be clearly labeled and correspond directly to the engineering plans.
The minimum information included shall be pipe flow tables, flow profile computation tables,
nomographs, charts, graphs, detail drawings, and other tabular or graphic aides used to design and confirm
performance of the conveyance system,
Verification of capacity and performance must be provided for each element of the conveyance system.
The analysis must show design velocities and flows for all drainage facilities within the development, as
well as those offsite which are affected by the development. If the final design results are on a computer
printout, a separate summary tabulation of conveyance system performance should also be provided,
I:J TlR SECTION 6
SPECIAL REPORTS AND STUDIES
Some site characteristics, such as steep slopes or wetlands, pose unique road and drainage design problems
which are particularly sensitive to stormwater runoff. As a result, Federal Way may require the
preparation of special reports and studies which further address the site characteristics, the potential for
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2.3,1 ENGINEERING PLAN SPECIFICATIONS - T1R
impacts associated with the development, and the measures that would be implemented to mitigate
impacts. Special reports shall be prepared by people with expertise in the particular area of analysis.
Topics of special reports may include any of the following:
. GeotechnicaVsoils
. Wetlands
. Floodplains
. Slope protection/stability
. Groundwater
. Fluvial geomorphology
. Erosion and deposition
. Anadromous fisheries impacts
. Structural design
. Geology
. Hydrology
. Water quality
. Structural filL
1:1 TlR SECTION 7
OTHER PERMITS
Construction of road and drainage facilities may require additional permits from other agencies for some
projects. These additional permits may contain more restrictive drainage plan requirements. This section
of the TIR should provide the titles of any other permits, the agencies requiring the other permits, and the
permit requirements that affect the drainage plan. Examples of other permits are listed in Section 1.1,3.
1:1 TlR SECTION 8
ESC ANALYSIS AND DESIGN
This section must include all hydrologic and hydraulic information used to analyze and design the erosion
and sediment control (ESC) facilities, including final site stabilization measures. The TIR shall explain
how proposed ESC measures comply with the Erosion and Sediment Control Standards (detached
Appendix D) and show compliance with the implementation requirements of Core Requirement #5,
Section 1.2.5.
The following information must be included:
I, Provide sufficient information to justify the overall ESe plan and the choice of individual erosion
control measures. At a minimum, there shall be a discussion of each of the measures specified in
Section 1.2.5 and their applicability to the proposed project.
2. Include all hydrologic and hydraulic information used to analyze and size the ESC facilities shown
in the engineering plans. Describe the methodology, and attach any graphics or sketches used to size
the facilities.
3. Identify areas with a particularly high susceptibility to erosion because of slopes or soils. Discuss any
special measures taken to protect these areas as well as any special measures proposed to protect
water resources on or near the site.
4. Identify any ESe recommendations in any of the special reports prepared for the project. If these
recommendations are not included in the ESC plan, provide justification,
5. If proposing exceptions or modifications to the standards detailed in the Erosion and Sediment
Control Standards (detached Appendix D), clearly present the rationale. If proposing techniques or
products different from those detailed in the ESC Standards, provide supporting documentation so the
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SECTION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
County can determine if the proposed alternatives provide similar protection.
D 11R SEC110N 9
BOND QUAN11T1ES, FACILITY SUMMARIES, AND DECLARATION OF COVENANT
Bond Quantities Worksheet
Each plan submittal requires a construction quantity summary to establish appropriate bond amounts.
Using the Bond Quantities Worksheet furnished by the Federal Way Public Works Department (see
Reference 8-D), the design engineer shall separate existing right-of-way and erosion control quantities
from other on site improvements. In addition, the engineer shall total the amounts based on the unit prices
listed on the form,
Drainage facilities for single family residential building permits, which are normally not bonded, shall be
constructed and approved prior to granting the certificate of occupancy.
Flow Control and Water Quality Facility Summary Sheet and Sketch
Following approval of the plans, a Flow Control and Water Quality Facility Summary Sheet and Sketch
(see Reference 8-C) shall be submitted along with an 81/2" x 11" plan sketch for each facility proposed for
construction. The plan shall show a north arrow, the tract, the facility access road, the extent of the
facility, and the control structure location. The approximate street address shall be noted.
Declaration of Covenant
(Privately Maintained Flow Control and WQ Facilities Only)
A declaration of covenant (see Reference 8-F) must be signed and recorded with the City of Federal Way
before any permit with privately maintained flow control or water quality facilities are approved.
D TlR SECTION 10
OPERATIONS AND MAINTENANCE MANUAL
For each flow control and water quality facility that is to be privately maintained, and for those that have
special non-standard features, the design engineer shall prepare an operations and maintenance manual.
The manual should be simply written and should contain a brief description of the facility, what it does,
and how it works. In addition, the manual shall include a copy of the Maintenance Requirements for
Privately Maintained Drainage Facilities (see Appendix A) and provide an outline of maintenance tasks
and the recommended frequency each task should be performed, This is especially important for water
quality facilities where proper maintenance is critical to facility performance. For this reason, most of the
water facility designs in Chapter 6 include "maintenance considerations" important to the
performance of each facility.
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2,3.1 ENGINEERING PLAN SPECIFICATIONS-SITE IMPROVEMENT PLAN
2.3.1.2
SITE IMPROVEMENT PLAN
Site improvement plans shall portray design concepts in a clear and concise manner. The plans must
present all the infonnation necessary for persons trained in engineering to review the plans, as well as
those persons skilled in construction work to build the project according to the design engineer's intent.
Supporting documentation for the site improvement plans must also be presented in an orderly and concise
fonnat that can be systematically reviewed and understood by others.
The vertical datum on which all engineering plans, plats, binding site plans, and short plats are to be
based must be the North American Vertical Datum (NA VD) of 1988, and the datum must be tied to at
least one King County Survey Control Network benchmark. The benchmark(s) shall be shown or
referenced on the plans. If a King County Control Network benchmark does not exist within 1/2 mile of
the subject property, or if 250 feet or greater of total vertical difference exists between the starting
benchmark and the project, an assumed or alternate vertical datum may be used. Datum correlations can
be found in Table 4.4.2,c.
Horizontal control for all plats, binding site plans, and short plats shall reference the North American
Datum of 1983/91 as the coordinate base and basis of bearings. All horizontal control for these projects
must be referenced to a minimum of two King County Survey Horizontal Control monuments. If two
horizontal control monuments do not exist within one mile of the project, an assumed or alternate
coordinate base and basis of bearings may be used. Horizontal control monument and benchmark
infonnation is available from the Federal Way Public Works Department and King County Survey
Department.
The site improvement plans consist of all the plans, profiles, details, notes, and specifications necessary to
construct road, drainage structure, and off-street parking improvements. Site improvement plans include
the following:
. A base map (described on page 2-23), and
. Site plan and profiles (beginning on page 2-24).
Note: Site improvement plans must also include grading plans if onsite grading extends beyond the
roadway.
Modified Site Improvement Plan
the Federal Way Public Works Department may allow a modified site improvement plan for some projects
in Targeted Drainage Review (see Section 2.3.2, p. 2-30) or where major improvements (e,g., detention
facilities, conveyance systems, bridges, road right-of-way improvements, etc.) are not proposed. The
modified site improvement plan must:
I.
Be drawn on a II" x 17" or larger sheet,
2. Accurately locate structure(s) and access, showing observance of the setback requirements given in
this manual, the Environmentally Sensitive Areas regulations, or other applicable documents,
3. Provide enough infonnation (datum, topography, details, notes, etc,) to address issues as determined
by the Federal Way Public Works Department.
0 GENERAL PLAN FORMAT
Site improvement plans should use King County Roads Standard Map Symbols as appropriate, and must
include Standard Plan Notes (see Reference Section 7). Each plan must follow the general fonnat
detailed below:
I . Plan sheets and profile sheets, or combined plan and profile sheets, specifications, and detail sheets
as required shall be on "D-size" sheets (24" x 36"). Right-of-way improvements must be on "D-size"
sheets (24" x 36"). Original sheets shall be archive quality reproducibles, mylar or equal.
2. Drafting details shall generally confonn to King County Standard Map Symbols (see Reference
Section 7-A) with lettering size (before reduction) no smaller than Leroy 80 (Leroy 100 is preferred).
Existing features shall be shown with dashed lines or as half-toned (screened) in order to clearly
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SECTION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
distinguish existing features from proposed improvements.
3. Each submittal shall contain a project information/cover sheet with the following:
a) Title: Project name and Federal Way Public Works Department file number
b) Table of contents (if more than three pages)
c) Vicinity map
d) Name and phone number of utility field contacts (e.g., water, sanitary sewer, gas, power,
telephone, and TV) and the One-Call number (1-800-424-5555)
e) Federal Way's preconstructionlinspection notification requirements
f) Name and phone number of the erosion control supervisor
g) Name and phone number of the surveyor
h) Name and phone number of the owner/agent
i) Name and phone number of the applicant
j) Legal description
k) Plan approval signature block for the Federal Way Public Works Department
I) Name and phone number of the engineering firm preparing the plans (company logos acceptable)
m) Fire Marshal's approval stamp (if required)
n) Statement that mailbox locations have been designated or approved by the U.S. Postal Service
(where required)
0) List of conditions of preliminary approval on all site improvements.
Note: If this information is provided on the architectural plans for commercial building permits, then it may be
omitted from the commercial engineering site plans. A blank sample or computer file of the information
sheet format is available from the Federal Way Public Works Department upon request.
4. An overall site plan shall be included if more than three plan sheets are used.
be indexed to the detail plan sheets and include the following:
a) The complete property area development
b) Right-of-way information
c) Street names and road classification
The overall plan shall
d) All project phasing and proposed division boundaries
e) All natural and proposed drainage collection and conveyance systems with catch basin numbers
shown.
5. Each sheet of the plan set shall be stamped, signed, and dated by a licensed civil engineer registered
in the State of Washington, At least one sheet showing all boundary survey information must be
provided and stamped by a professional land surveyor licensed in the State of Washington.
6, Detail sheets shall provide sufficient information to construct complex elements of the plan. Details
may be provided on plan and profile sheets if space allows.
7. A title block shall be provided on each plan sheet. At a minimum, the title block shall list the
following:
a) Development title
b) Name, address, and phone number of the firm or individual preparing the plan
c) A revision block
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2.3.1 ENGINEERING PLAN SPECIFICATIONS-SITE 1MPROVEMENT PLAN
d) Page (of pages) numbering
e) Sheet title (e.g., road and drainage, grading, erosion and sediment control).
8. The location and label for each section or other detail shall be provided.
9. Sensitive Area Setbacks shall be designated as required by the Federal Way Environmentally
Sensitive Areas regulations (FWCC Chapter 22).
10. All match lines with matched sheet number shall be provided.
II, All division or phase lines and the proposed limits of construction under the permit application shall
be indicated.
12. Reference all identified wetlands (sequentially if more than one),
13. The standard plan notes that apply to the project shall be provided on the plans (see Reference
Section 7-B).
14, Commercial building permit applications shall include the designated zoning for all properties
adjacent to the development site(s).
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SECI10N 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
[J BASE MAP
A site improvement plan base map provides a common base and reference in the development and design
of any project. A base map helps ensure that the engineering plans, grading plans, and ESe plans are all
developed from the same background information. This base map shall include the information listed in
Table 2.3.I.A.
TABLE2.3.1.A BASE MAP REQUIREMENTS
Feature Requirements
Ground Surface Provide topography within the site and extending beyond the property lines.
Topography Contour lines must be shown as described in "Plan View: Site Plan and
Roadway Elements" (p, 2-24).
Surface Water Provide ground surface elevations for a reasonable "fan" around points of
Discharge discharge extending at least 50 feet downstream of all point discharge outlets.
Hydrologic Features Provide spot elevations in addition to contour lines to aid in delineating the
boundaries and depth of all existing floodplains, wetlands, channels, swales,
streams, storm drainage systems, roads (low spots), bogs, depressions,
springs, seeps, swales, ditches, pipes, groundwater, and seasonal standing
water.
Other Natural Show the location and relative sizes of other natural features such as rock
Features outcroppings, existing vegetation, and trees 12 inches in diameter and greater
that could be disturbed by the project improvements and construction activities
(within tree canopy), noting species.
Flows Provide arrows that indicate the direction of surface flow on all public and
private property and for all existing conveyance systems.
Floodplains/ Show the floodplain/floodways as depicted on City of Federal Way maps or
Floodways otherwise required by the City of Federal Way,
General Show the location and limits of all existing:
Background . Property boundaries
Information . Structures
. Easements (including dimensions)
. Total property (including dimensions)
. Roads and right-of-way
. Sanitary sewers and water utilities
. Common open space
. Public dedications
. Other man made features affecting existing topography/proposed
improvements.
Development Delineate limitations to the development that may occur as identified on the TIR
Limitations worksheet, Part a (see Reference a-A).
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2.3.1 ENGINEERING PLAN SPECIFICATIONS-SITE IMPROVEMENT PLAN
0 SITE PLAN AND PROFILES
The design engineer shall provide plans and profiles for all construction, including but not limited to the
following information.
Plan View: Site Plan and Roadway Elements
I, Provide property lines, right-of-way lines, and widths for proposed roads and intersecting roads.
2. Provide all existing and proposed roadway features, such as centerlines, edges of pavement and
shoulders, ditch lines, curbs, and sidewalks. In addition, show points of access to abutting properties
and roadway continuations.
3. Show existing and proposed topography contours at 2-foot intervals (5-foot intervals for slopes
greater than 15 percent, lO-foot intervals for slopes greater than 40 percent), Contours may be
extrapolated from USGS mapping, aerial photos, or other topography map resources. However,
contours shall be field verified for roadway and stream centerlines, steep slopes, floodplains, drainage
tracts easements, and conveyance systems, Contours shall extend 50 feet beyond property lines to
resolve questions of setback, cut and fill slopes, drainage swales, ditches, and access or drainage to
adjacent property,
4. Show the location of all existing utilities and proposed utilities (except those designed by the utility
and not currently available) to the extent that these will be affected by the proposed project Clearly
identify all existing utility poles.
Identify all roads and adjoining subdivisions.
Show right-of-way for all proposed roadways, using sufficient dimensioning to clearly show exact
locations on all sections of existing and proposed dedicated public roadway,
7. Clearly differentiate areas of existing pavement and areas of new pavement.
8, For subdivision projects, use drawing scales of I "=50'.For commercial, multi-family, or other
projects, use scales of I "=20'. Show details for clarification, including those for intersections and
existing driveways, on a larger scale.
5.
6.
Plan View: Drainage Conveyance
I , Sequentially number all catch basins and curb inlets starting with the structure farthest
downstream.
2.
Represent existing storm drainage facilities in dashed lines and label with "Existing."
Clearly label existing storm drainage facilities to be removed with "Existing to be removed."
Show the length, diameter, and material for all pipes, culverts, and stub-outs, Include the slope if
not provided on the profile view. Material may be noted in the plan notes.
5. Clearly label catch basins as to size and type (or indicate in the plan notes).
6. Clearly label downspout and footing drain stub-out locations for those lots intending to connect to
the storm drainage flow control system. Locate all stub-outs to allow gravity flow from the lowest
corner of the lot to the connecting catch basin,
7, Show datum, benchmark locations, and elevations on each plan sheet.
8. Clearly label all stub-out locations for any future pipe connections.
9. Clearly show on the plans all drainage easements, tracts, access easements, Native Growth Retention
Areas, Sensitive Area Tracts, Sensitive Area Setback Areas, and building setback lines. Show
dimensions, type of restriction, and use.
10. Using arrows, indicate drainage direction of hydraulic conveyance systems.
3.
4,
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SECTION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
Plan View: Other
1. Show the location, identification, and dimensions of all buildings, property lines, streets, alleys, and
easements.
2. Verify the condition of all public right-of-way and the rights to use them as proposed.
3. Show the locations of structures on abutting properties within 50 feet of the proposed project site.
4, Show the location of all proposed drainage facility fencing, together with a typical section view of
each fencing type.
5. Provide section details of all retaining walls and rockeries, including sections through critical
portions of the rockeries or retaining walls.
6.
7.
Show all existing and proposed buildings with projections and overhangs.
Show the location of all wells on site and within 100 feet of the site. Note wells to be abandoned.
8.
Show structural BMPs required by the King County Water Pollution Control Manual.
Profiles: Roadway and Drainage
1. Provide existing centerline ground profile at 50-foot stations and at significant ground breaks and
topographic features, with average accuracy to within O. I feet on unpaved surface and 0.02 feet on
paved surface.
2. For publicly maintained roadways, provide final road and storm drain profile with the same
stationing as the horizontal plan, reading from left to right, to show stationing of points of curve,
tangent, and intersection of vertical curves, with elevation of 0.0 I feet. Include tie-in with intersecting
pIpe runs.
3. On a grid of numbered lines, provide a continuous plot of vertical positioning against horizontal.
4. Show finished road grade and vertical curve data (road data measured at centerline or edge of
pavement). Include stopping sight distance.
5. Show all roadway drainage, including drainage facilities, that are within the right-of-way or
easement.
6. On the profile, show slope, length, size, and type (in plan notes or on a detail sheet) for all pipes and
detention tanks in public right-of-way.
7, Indicate the inverts of all pipes and culverts and the elevations of catch basin grates or lids. It is also
desirable, but not required, to show invert elevations and grate elevations on plan sheets.
H, For pipes that are proposed to be within 2,0 feet of finished grade, indicate the minimum cover
dimensions.
Y. Indicate roadway stationing and offset for all catch basins.
1O, Indicate vertical and horizontal scale.
II. Clearly label all profiles with respective street names and plan sheet reference numbers, and indicate
all profile sheet reference numbers on plan sheets, if drawn on separate sheets,
12. Locate match points with existing pavements, and show elevations.
13. Show all property boundaries.
14. Label all match line locations.
15, Provide profiles for alll1-inch and larger pipes and for channels (that are not roadside ditches).
16. Show the location of all existing and proposed (if available or critical for clearance) gas, water, and
sanitary sewer crossings.
17. Show energy dissipater locations.
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2.3.1 ENGINEERING PLAN SPECIFICATIONS-SITE IMPROVEMENT PLAN
18. Identify datum used and all benchmarks (may be shown on plan view instead). Datum and
benchmarks must refer to established control when available.
19. Use a vertical scale of I "=5'. As an exception, vertical scale shall be I "= I 0' if the optional I "= I 00'
horizontal scale is used on projects with lots one acre or larger. Clarifying details, including those for
intersections and existing driveways, should use a larger scale.
20. Split sheets, with the profile aligned underneath the plan view, are preferred but not required,
Q DETAILS
The design engineer shall provide details for all construction, including but not limited to the following.
Flow Control, Water Quality, and Infiltration Facility Details
I, Provide a scaled drawing of each detention pond or vault and water quality facility, including the tract
boundaries.
2, Show predeveloped and finished grade contours at 2-foot intervals. Show and label maximum
design water elevation.
3, Dimension all berm widths,
4.
Show and label at least two cross sections through a pond or water quality facility, One cross section
must include the restrictor.
Specify soils and compaction requirements for pond construction.
5.
6, Show the location and detail of emergency overflows, spillways, and bypasses.
7. Specify rock protection/energy dissipation requirements and details.
8. Provide inverts of all pipes, grates, inlets, tanks, and vaults, and spot elevations of the pond bottom.
9. Show the location of access roads to control manholes and pond/forebay bottoms.
10. Provide plan and section views of all energy dissipaters, including rock splash pads. Specify the
size of rock and thickness.
II. Show bollard locations on plans. Typically, bollards are located at the entrance to drainage facility
access roads,
12. On the pond or water quality facility detail, show the size, type (or in plan notes), slope, and length of
all pipes.
13, Show to scale the section and plan view of restrictor and control structures, The plan view must
show the location and orientation of all inlet pipes, outlet pipes, and flow restrictors,
14. Draw details atone of the following scales: 1"=1', 1"=2', 1"=4', 1"=5', 1"=IO',or 1"=20',
Structural Plan Details
Any submittal that proposes a structure (e.g., bridge crossing, reinforced concrete footings, walls, or
vaults) shall include plan sheets that include complete working drawings showing dimensions, steel
placement, and specifications for construction, Structures may require a design prepared and stamped by
a professional structural engineer licensed in the State of Washington, and an application for a separate
commercial building permit.
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SECTION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
2.3.1.3
EROSION AND SEDIMENT CONTROL (ESC) PLAN
This section details the specifications and contents for ESe plans. Note that the ESe plan may be
simplified by the use of the symbols and codes provided for each ESe measure in the Erosion and
Sediment Control Standards (detached Appendix D). In general, the ESe plan shall be submitted as a
separate plan sheet(s). However, there may be some relatively simple projects where providing separate
grading and ESe plans is unnecessary.
General Specifications
The site improvement plan shall be used as the base of the ESe plan. Certain detailed information that
is not relevant (e.g., pipe/catch basin size, stub-out locations, etc.) may be omitted to make the ESe plan
easier to read. At a minimum, the ESe plan shall include all of the information required for the base map
(see Table 2.3.I.A, p. 2-23), as well as existing and proposed roads, driveways, parking areas, buildings,
drainage facilities, utility corridors not associated with roadways, all environmentally sensitive areas and
buffers, and proposed final topography. A smaller scale may be used to provide better comprehension and
understanding.
The ESe plan shall generally be designed for proposed topography, not existing topography, since rough
grading is usually the first step in site disturbance. The ESe plan shall address all phases of construction
(e.g., clearing, grading, installation of utilities, surfacing, and final stabilization). If construction is being
phased, separate ESe plans may need to be prepared to address the specific needs for each phase of
construction.
The ESe plan shall be consistent with the information provided in Section 8 of the TIR and shall show the
following:
I. Identify areas with a high susceptibility to erosion.
2. Provide all details necessary to clearly illustrate the intent of the ESe design.
3. Include ESe measures for all on- and offsite utility construction included in the project.
4, Specify the construction sequence. The construction sequence shall be specifically written for the
proposed project. An example construction sequence is provided in Appendix D.
5. Include ESC Standard Plan Notes (see Reference Section 7-B).
Clearing Limits
I. Delineate clearing limits,
2. Provide details sufficient to install and maintain the clearing limits.
Cover Measures
] , Specify the type and location of temporary cover measures to be used onsite.
2. If more than one type of cover is to be used onsite, indicate the areas where the different measures will
be used, including steep cut and fill slopes.
3. If the type of cover measures to be used will vary depending on the time of year, soil type, gradient, or
some other factor. specify the conditions that control the use of the different measures.
4. Specify the nature and location of permanent cover measures. If a landscaping plan is prepared, this
may not be necessary.
5. Specify the approximate amount of cover measures necessary to cover all disturbed areas.
6. If netting or blankets are specified, provide typical detail sufficient for installation and maintenance.
7, Specify the seed mixes, fertilizers, and soil amendments to be used, as well as the application rate
for each item.
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2.3.1 ENGINEERING PLAN SPECIFICATIONS - Ese PLAN
Perimeter Protection
I, Specify the location and type of perimeter protection to be used.
2. Provide typical details sufficient to install and maintain the perimeter protection.
3, If silt fence is to be used, specify the type of fabric to be used.
Traffic Area Stabilization
I. Locate the construction entrance(s).
2. Provide typical details sufficient to install and maintain the construction entrance.
3. Locate the construction roads and parking areas.
4, Specify the measure(s) that will be used to create stabilized construction roads and parking areas.
Provide sufficient detail to install and maintain.
Sediment Retention
I , Show the locations of all sediment ponds and traps.
2. Dimension pond berm widths and all inside and outside pond slopes.
3. Indicate the trap/pond storage required and the depth, length, and width dimensions.
4. Provide typical section views through pond and outlet structures.
5. Provide typical details of the control structure and dewatering mechanism,
6. Detail stabilization techniques for outlet/inlet.
7. Provide details sufficient to install cell dividers.
8, Specify mulch or recommended cover of berms and slopes,
9. Specify the I-foot marker indicating when sediment removal is required.
10. Indicate catch basins that are to be protected.
II. Provide details of the catch basin protection sufficient to install and maintain.
Surface Water Control
I, Locate all pipes, ditches, interceptor ditches, and swales that will be used to convey stormwater.
2, Provide details sufficient to install and maintain all conveyances.
3. Indicate locations of outlet protection, and provide detail of protections.
4, Indicate locations and outlets of any possible dewatering systems.
5. Indicate the location of any level spreaders, and provide details sufficient to install and maintain,
6. Show all temporary pipe inverts.
7. Provide location and specifications for the interception of runoff from disturbed areas and the
conveyance of the runoff to a non-erosive discharge point.
8. Provide location and details of rock check dams.
9, Provide front and side sections of typical rock check dams.
Wet Season Requirements
Provide a list of all applicable wet season requirements.
Sensitive Areas Restrictions
1.
Specify the type, locations, and details of any measures necessary to comply with requirements to
protect surface waters,
Specify the type, locations, and details of any measures necessary to comply with any additional
protection required to protect steep slopes.
2,
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SECI10N 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW
2.3.1.4
LANDSCAPE MANAGEMENT PLANS (IF APPLICABLE)
Approved landscape management plans are allowed to be used as an alternative to the requirement to
formally treat (with a facility) the runoff from pollution-generating pervious surfaces subject to Core
Requirement #8 (see Section 1.2.8). A landscape management plan is a Federal Way approved plan for
defining the layout and long-term maintenance of landscaping features to minimize the use of pesticides
and fertilizers, and reduce the discharge of suspended solids and other pollutants. General guidance for
preparing landscape management plans is provided in Reference Section 4-A.
If a landscape management plan is proposed, it must be submitted with the engineering plans for the
proposed project. The elements listed below are required for evaluation of landscape management plans.
I. Provide a site vicinity map with topography.
2. Provide a site plan with topography. Indicate areas with saturated soils or high water tables.
3, Provide a plant list (provide both common and scientific names) which includes the following
information:
a) Indicate any drought-tolerant plants, disease resistant varieties, species for attracting beneficial
insects (if any) and native plants.
b) For shrubs and groundcovers, indicate the proposed spacing.
c) For turf areas, indicate the grass mix or mixes planned. Indicate sun/shade tolerance, disease
susceptibility, drought tolerance and tolerance of wet soil conditions.
4. Provide a landscape plan. Indicate placement of landscape features, lawn areas, trees, and planting
groups (forbes, herbs, groundcovers, etc.) on the site.
5. Include information on soil preparation and fertility requirements.
6. Provide information on the design of the irrigation method (installed sprinkler system, drip irrigation
system, manual, etc.)
7,
Provide a landscape maintenance plan, including the following:
a) Physical care methods, such as thatch removal or aeration, and mowing height and frequency
b) Type of fertilizer (including N-P-K strength) and fertilization schedule or criteria
c) Type of chemicals to be used for common pests such as cranefly larvae, and the criteria or
schedule for application
8,
d) Any biocontrol methods.
Provide information about the storage of pesticides or other chemicals, and disposal measures that
will be used.
a) If applicable, indicate how the chemicals will be stored on the site between applications to prevent
contact with stormwater or spills into the storm drainage system.
b) Indicate how excess quantities of fertilizers or chemicals will be handled for individual
applications,
9. Provide an implementation plan (see Reference Section 4-A for guidance on preparing the
implementation plan).
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2.3,2 PROIECfS IN TARGETED DRAINAGE REVIEW
2.3.2
PROJECTS IN TARGETED DRAINAGE REVIEW
This section outlines the specifications and contents of limited scope engineering plans allowed for
projects in Targeted Drainage Review. Table 2.3.2.A specifies the minimum required elements of the
targeted technical infonnation report based on the type of pennit or project, and on the three categories of
project characteristics subject to Targeted Drainage Review per Section 1.1.2.2.
TABLE 2.3.2.A MINIMUM ENGINEERING PLAN EL~I)
FOR PROJECTS INT ARGETED DRAINAGE, REVIEW
Type of
Permit or
Project
Drainage
Review Type
SINGLE
FAMILY
RESIDENTIAL
BUILDING
PERMITS
(SFRs)
Project Category 1 (2)
Projects in Targeted
Drainage Review that contain
or are adjacent to floodplains
or environmentally sensitive
areas, or are subject to
drainage requirements per
Drainage Review Thresholds
#4 & #5 (Sec. 1.1.1)
Targeted . TIR Sections 1, 2, and 6
Drainage Review (minimum)
ONLY . Small Site ESe Plan(3)
. Site Improvement PlantS),
&
SHORT
PLATS
Targeted
Drainage Review
COMBINED WITH
Small Site
Drainage Review
OTHER Targeted
PROJECTS Drainage Review
OR PERMITS ONLY
. TIR Sections 1, 2, and 6
(minimum)
. Small Site ESe Plan(3)
. Site Improvement PlantS)
. TIR Sections 1, 2, 6, and 8
(minimum)
. ESe Plan(4) for any site
disturbance work
. Site Improvement PlantS)
Proiect Category 2(2)
Projects in Targeted
Drainage Review that
propose to construct or
modify a 12" or larger
pipe/ditch, or receive
runoff from a 12" or
larger pipe/ditch
. TIR Sections 1, 2, 3, 5,
6, 7, and 8 (minimum)
. Small Site ESe Plan(3)
. Ese Plan{4) for
conveyance work
. Site Improvement
PlantS)
. TIR Sections 1, 2, 3, 5,
6, 7, and 8 (minimum)
. Small Site ESe Plan{3)
. Ese Plan(4) for
conveyance work
. Site Improvement
PlantS)
. TIR Sections 1,2,3,5,
6, 7, and 8 (minimum)
. ESe Plan(4) for any site
disturbance work
. Site Improvement
PlantS)
Project Category 3(2)
Redevelopment projects
(as defined in FWee 22-
337) in Targeted
Drainage Review
N/A
N/A
. TIR Sections 1,2,4,8,
and 10 (minimum)
. ESe Plan(4) for any site
disturbance work
. Site Improvement
PlantS)
Notes:
(1) The above plan elements are considered the recommended minimum for most development cases in Targeted
Drainage Review, the Federal Way Public Works Department may add to these elements if deemed necessary
for proper drainage review. Predesign meetings with the Federal Way Public Works Department are
recommended to identify all required elements.
(2) For more detailed descriptions of project categories, see Section 1,1.2.2. If the proposed project has the
characteristics of more than one category, the plan elements under each applicable category shall apply.
(3) Small site ESC plans are an element of the small site drainage plan as explained in the Small Site Drainage
Requirements booklet (detached Appendix C).
(4) ESC plans shall meet the applicable specifications detailed in Section 2.3.1.3 (p. 2-27)
(S) Site improvement plans shall meet the applicable specifications detailed in Section 2.3.1.2 (p. 2-20). the
Federal Way Public Works Department may allow modified site improvement plans as described in Section
2,3.1.2,
Federal Way 1998 Surface Water Design Manual
04/07/99
2-27
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
2.4
2.4.1
2.4.2
2.4.3
PLANS REQUIRED AFTER DRAINAGE REVIEW
This section includes the specifications and contents required of those plans submitted at the end of the
permit review process or after a permit has been issued.
PLAN CHANGES AFTER PERMIT ISSUANCE
If changes or revisions to the originally approved engineering plans require additional review, the revised
plans shall be submitted to the Federal Way Public Works Department for approval prior to construction.
The plan change submittals shall include all of the following:
I. The appropriate Plan Change Order form(s)
2. One copy of the revised TIR or addendum
3. Three sets of the engineering plans
4. Other information needed for review.
FINAL CORRECTED PLAN SUBMITTAL
During the course of construction, changes to the approved engineering plans are often required to address
unforeseen field conditions or design improvements. Once construction is completed, it is the applicant's
responsibility to submit to the Federal Way Public Works Department a final corrected plan ("as-builts"),
which is an engineering drawing that accurately represents the project as constructed. These corrected
drawings must be professionally drafted revisions applied to the original approved plan and must include
all changes made during the course of construction; the ESC plan, however, should not be included. The
final corrected plan must be stamped, signed, and dated by a licensed civil engineer registered in the State
of Washington,
Disposition of Approved Engineering Plans for Subdivisions
Upon engineering plan approval of any subdivision (including PUDs, binding site plans, and short plats),
the Federal Way Public Works Department will make a set of reproducible mylars (cost to be paid by the
applicant) and return the original set to the applicant's engineer. The Federal Way Public Works
Department will retain this reproducible set, utilizing it to make copies for public inspection, distribution,
and base reference as required. At the time the development is accepted for maintenance by Federal Way,
the Federal Way Public Works Department set of reproducibles shall be replaced by the corrected original
set for permanent public records at the City of Federal Way.
FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN
SUB MITT ALS
Any subdivision to be finalized, thereby completing the subdivision process and legally forming new lots,
requires a final submittal for approval and recording. Binding site plans and short plats also require a final
submittal for approval and recording. The final plat or map page shall contain the elements summarized
and specified in detail in Federal Way Public Works Department customer information bulletins.
Submittals shall be accompanied by appropriate fees as prescribed by ordinance. Final submittals will be
allowed only after the approval of preliminary plans (for subdivisions only) and any required engineering
plans, and after the construction of any required drainage facilities.
All final map sheets and pages shall be prepared by a professional land surveyor registered in the State of
Washington and shall conform with all state and local statutes.
The final submittal for recording only applies to subdivisions (plats), binding site plans, and short plats.
This plan is required by state and local statutes.
04/07/99
2-29
Federal Way Surface Water Design Manual
SECTION 2.4 PLANS REQUIRED AFTER DRAINAGE REVIEW
In addition to the requirements described in the Federal Way Public Works Department customer
information bulletins, submittals for final recording of subdivisions, short plats, and binding site plans
must include the following information:
I. Indicate dimensions of all easements, tracts, building setbacks, tops of slopes, wetland boundaries, and
floodplains.
2. Include pertinent restrictions as they apply to easements, tracts, and building setback lines.
3. Include the dedication and indemnification clause as provide in Reference Section 8-K.
4. State the maximum amount of added impervious surface and proposed clearing per lot as
determined through engineering review. The maximum amount of impervious surface may be
expressed in terms of percentage of lot coverage or square feet.
5. Specify roof downspout controls by lot based on the "Sizing Credits for Roof Downspout Controls"
(see Section 1.2.3.2) as determined through engineering review and approval.
6. For a plat or short plat, record a note conditioning single family residential permit approval on
compliance with approved roof downspout controls (see notes in Section 5.1).
04/07/99
Federal Way 1998 Surface Water Design Manual
2-30
CHAPTER 3
HYD R 0 LOG Ie
ANALYSIS AND
DESIGN
CITY OF -
- .~ EDERAL
- -
- - .
~~ FrY"
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, W ASIDNGTON
SURF ACE WATER
DESIGN MANUAL
04/07/99
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
CHAPTER 3
HYDROLOGIC ANALYSIS AND DESIGN
The City of Federal Way has made no changes to Chapter 3 of the 1998 KCSWD M, so the original King
County version of this chapter applies for proposals in the City of Federal Way. Users should refer to the
County document for guidance on hydrologic analysis and design.
Federal Way 1998 Surface Water Design Manual
04/07/99
3-1
CHAPTER 4
CONVEYANCE
SYSTEM ANALYSIS
AND D ESI G N
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, W ASmNGTON
SURFACE WATER
DESIGN MANUAL
04/07/99
FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL
CHAPTER 4
CONVEYANCE SYSTEM ANALYSIS AND
DESIGN
The City of Federal Way has made four minor changes to Chapter 4 of the 1998 KCSWDM. Apart from
these changes, the King County version of Chapter 4 applies for proposals in the City of Federal Way. The
City's changes to the County document are as follows:
.
Section 4.2.1.1 DESIGN CRITERIA, Acceptable Pipe Sizes (page 4-5 of the 1998 KCSWDM)-
This section shall read, "The following pipe sizes shall be used for pipe systems to be maintained by
the City of Federal Way: I2-inch, IS-inch, I8-inch, 2I-inch, and 3D-inch, For pipes larger than 30
inches in diameter, increasing increments of 6 inches shall be used (36-inch, 42-inch, 48-inch, etc.)
Section 4.2.1.1 DESIGN CRITERIA, Spill Control (page 4-10 of the 1998 KCSWDM)-Delete
Item "d) An active spill control plan." This is not an acceptable option for spill control in the City of
Federal Way.
.
.
Section 4.2.1.2 METHODS OF ANALYSIS, Inlet Grate Capacity (page 4-17 of the 1998
KCSWDM)-Add the following sentence: "Vaned grates shall be required for city-owned facilities,"
Table 4.4.2 Datum Correlations to KCAS (page 4-75 of the 1998 KCSWDM)-The Federal Way
datum is NGVD 1929, NAD '83(9d), HPGN (High Precision GPS Network).
.
Federal Way 1998 Surface Water Design Manual
04/07/99
4.1
CHAPTER 5
FLOW CONTROL
DESIGN
CITY OF ..
.
. - - ¿
- -
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, W ASmNGTON
SURFACE WATER
DESIGN MANUAL
04/07/99
FEDERAL WAY ADDENDUM TO KING COUNTY. WASHINGTON. SURFACE WATER DESIGN MANUAL
CHAPTER 5
FLOW CONTROL DESIGN
The City of Federal Way has made one minor change to Chapter 5 of the 1998 KCSWDM. Apart from this
change, the King County version of Chapter 5 applies for proposals in the City of Federal Way. The City' s
change to the County document is as follows:
.
Section 5.3 DETENTION FACILITIES, Detention Ponds, Design Criteria, Planting
Requirements (page 5-24 of the 1998 KCSWDM)-Add the following sentence to the first
paragraph: "Any above-ground stormwater facility will be screened from public right of way and
adjacent property per the underlying zoning perimeter buffer requirements in the FWCC."
Federal Way 1998 Surface Water Design Manual
04/07/99
5.1
CHAPTER 6
WATER QUALITY
DESIGN
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, W ASIDNGTON
SURF ACE WATER
DESIGN MANUAL
04/07/99
FEDERAL WAY ADDENDUM TO KING COUNTY. WASHINGTON, SURFACE WATER DESIGN MANUAL
CHAPTER 6
WATER QUALITY DESIGN
The City of Federal Way has made one minor change to Chapter 6 of the 1998 KCSWDM. Apart from this
change, the King County version of Chapter 6 applies for proposals in the City of Federal Way. The City's
change to the County document is as follows:
.
Section 6.2 GENERAL REQUIREMENTS FOR WQ FACILITIES, SETBACKS, SLOPES,
AND EMBANKMENTS, SIDE SLOPES, FENCING, AND EMBANKMENTS (page 6-20 of the
1998 KCSWDM)-Add the following to the list of requirements: "Any above-ground stormwater
facility will be screened from public right of way and adjacent property per the underlying zoning
perimeter buffer requirements in the FWCc."
Federal Way 1998 Surface Water Design Manual
04/07/99
6-1
REFERENCE
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, W ASmNGTON
SURF ACE WATER
DESIGN MANUAL
04/07/99
FEDERAL WAY ADDENDUM TO KING COUNTY. WASHINGTON. SURFACE WATER DESIGN MANUAL
REFERENCE
The City of Federal Way has made one minor correction to the Reference Section of the 1998 KCSWDM.
Apart from this change, the King County version of the Reference Section applies for proposals in the City
of Federal Way. The City's correction to the County document is as follows:
.
REFERENCE 2B - ADOPTED BASIN AND LAKE MANAGEMENT PLANS AREA
SPECIFIC CONVERSIONS. On page 9 of Reference 2B, in the table entitled "Adopted Revisions
to Apply in Place of Basin Plan Recommendations" under the heading "HYLEBOS CREEK
BASIN PLAN", the listing in the first column for "BW -I" should read "BW -2".
Federal Way 1998 Surface Water Design Manual
04/07/99
1
APPEND IX
FEDERAL WAY
NO N CO NFO RMIN G
USE ORDINANCE
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, W ASmNGTON
SURFACE WATER
DESIGN MANUAL
04/07/99
f
, APPEND IX
FED ERAL WAY
NONCONFORMING
USE ORDINANCE
CITY OF FEDERAL WAY
ADDENDUM TO
KING COUNTY, W ASIllNGTON
SURF ACE WATER
DESIGN MANUAL
04/07/99
'f .
"";':":;'(~\~
RECE1VED
DEC 2 6 1997
~ERAL WAY PUBLIC WORKs
AN ORDINANCE OF THE CITY COUNCIL OF THE CIf!fð~SION
WAY, WASHINGTON, AMENDING CHAPTERS 16 AND 22 OF THE
FEDERAL WAY CITY CODE, PERTAINING TO LAND USE AND ZONING,
ADOPTING NEW DEFINITIONS, REVISING EXISTING
NONCONFORMANCE PROVISIONS AND CONSOLIDATING THE
REQUIREMENTS ,. FOR PUBLIC IMPROVEMENTS INTO THE
NONCONFORMANCE, ARTICLE IV OF CHAPTER 22.
ORDINANCE NO. 97--307
A
Amendments to the Federal Way City Code (FWCC) text are authorized pursuant
to FWCC Sections 22-216 and 22-217 pursuant to Process VI review; and
B.
The Federal Way City Council has considered a proposed change to the FWCC
relating to the nonconformance provisions of the code; and
C.
The Federal Way City Council, pursuant to FWCC 22-517, having determined the
Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way
Planning Commission for its review and recommendation; and
D.
The City of Federal Way SErA responsible official has determined that the
proposed amendments are procedural in nature and categorically exempt from SEPA as
authorized by WAC 197 -11-800{20); and
E.
The public was given opportunities to comment on the Proposal during the
Planning Commission review, and
F.
The Federal Way Planning Commission, having considered the Proposal at a
public workshop on April 16, 1997 and public hearings on May 7th and May 21 st, 1997 pursuant
to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC
Section 22-521; and
Ordinance No. 97-307. Page 1
~ñ@~
G.
Following the public-hearings, the Planning Commission submitted to the Land Use
and Transportation Committee of the City Council its recommendation in favor of proposed
zoning text amendments affecting various sections of the FWCC as noted previously; and
H.
The Federal Way Land Use and Transportation City Council Committee met on
.
July 21, August 18, September 3, September 15, and October 6, 1997 to consider the
recommendation of the Planning Commission and amendments thereto, and to take public
comment The Land Use and Transportation Committee has moved to forward the Proposal,
with amendments, to the full City Council; and
I.
There was sufficient opportunity for the public to comment on the Proposal; NOW,
THEREFORE,
THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
.-
HEREBY ORDAIN AS FOLLOWS:
Sectíon 1. Findings. After full and careful consideration, the City Council of the City of
Federal Way makes the following findings with respect to the Proposal and the proposed
amendments to the Federal Way City Code ("FWCC"):
1.
The proposed code revisions will provide more flexibility relative to structures and
developments that were built in accordance with the codes and laws in effect at the time of
construction; and
.'
2.
The proposed code revision will require improvements that are reasonably related
to the work being proposed on a given property; and
3.
The City of Federal Way is experiencing a high occupancy rate of commercial
properties. particularly in the City Center Core and Frame areas; and
Ordinance No. 97-307. Page 2
'.-v.. ~'-
4.
The Federal Way SEP A responsible official has determined that the proposed
amendments are procedural in nature and categorically exempt from SEPA as authorized by
WAC 197-11-800(20); and
5.
The proposed code amendments would not adversely affect the public health,
safety or welfare; and
6.
The Planning Commission, following notice thereof as required by RCW
35A63.070, held work sessions and public hearings on the proposed regulatory amendments
and has considered the testimony, written comments, and material from the public by and
through said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-217 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions
of Law with respect to the decisional criteria necessary for the adoption of the Proposal:
1.
The Proposal is consistent with the following Comprehensive Plan goals and
policies:
A.
LUG2 - Develop an efficient and timely development review process based
on a public/private partnership.
B.
LUP6 - Conduct regular reviews of development regulations to determine
how to improve upon the permit review process. .
2.
The Proposal bears a substantial relationship to the public health, safety and
welfare because it addresses concerns for the public health, safety, and welfare by
establishing coherent regulations that reflect a reasoned balance between the rights of
individual property owners and the broader community interest
Ordinance No. 97-307, Page 3
3.
The Proposal is in the best interests of the residents of the City in that the
proposed code revision allows structures which complied with the applicable codes and
laws in effect at the time of construction. to continue to be utilized with reasonably related
upgrades of the subject property and improvements required by the nonconformance
provisions of the zoning code.
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to
provide as set forth in Attachments A through C which are attached ~nd by this reference are
incorporated herein.
Section 4. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause. sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days
from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federál Way.this / (¡; & day
Of~~~/ ,1997. '
CITY OF FEDERAL WAY
&~;¿~~þ
Ordinance No. 97--307, Page 4
A TrEST:
.' .....'.""""...'. .'....'
APPROVED AS TO FORM:
~. LO~DI .; LlN~E;'=;:
FILED WITH THE CITY CLERK:
PASSED BY THE CllY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 97-307
Ordinance No. 97-307, Page 5
10-14-97
12-16-97
12-20-97
12-21-97
'. . -"J."'<~--~-"'-^"",,""""""-
,.,...., ,,"'" '-",."," """""""--"""""'."._,...~:..~~'
A IT ACHMENT A
SECTION 22-1- DEFINITIONS
Ordinance No. 97-307, Page 6
." ..,.c~,.,....,~~-
Abandoned shall mean knowing relinquishment, by the owner, of right or claim to the
subject property or structure on that property, without any intention of transferring rights to th~
property or structure to another owner. tenant. or lessee. or of resuming the owner's use of the
property. -Abandoned- shall include but not be limited to circumstances involving tax forfeiture,
bankruptG]'. or mortgage foreclosure).
Accessory shall mean a use, activity, structure or part of a structure which is subordinate
and incidental to the main activity or structure on the subject pro~rty.
Accessory dwellíng unit (ADU) shall mean either a freestanding detached structure or an
attached part of a structure which is subordinate and incidental to the main or primary dwelling
unit located on the subject property, providing complete, independent living facilities exclusively
for one single housekeeping unit, including permanent provisions for living, sleeping, cooking
and sanitation.
ADU, attached shall mean an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to, the primary dwelling unit
ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or
physically connected to the primary dwelling unit
Accessory hardship dwellíng unit shall mean an attached ADU which satisfies the criteria
set forth in Section 22-633 of this Code.
Accessory living fadlity shall mean an area or structure on the subject property, which is
accessory to a permitted use on a commercial subject property, providing provisions for living,
cooking, sleeping and sanitation for an employee on the subject property and that employee's
family, or for the business owner/operator and that person's family.
Adjoining shall mean property that touches or is directly across a street from the subject
property. For the purpose of height regulations, any portion of a structure which is more than
100 feet from a low density zone is not considered to be adjoining that zone. .
Adult entertainment activity or use shall mean all of the following:
(1 )
Adult theater shall mean a building or enclosure or any portion thereof used for
presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas (defined as follows) for observation by patrons therein and which
excludes minors by virtue of age.
a.
Specified anatomical areas shall mean both of the following:
(2)
MY person who is engaging in an activity governed by this chapter or who is the
owner of property subject to this chapter.
Ordinance No. 97-307, Page 7
,....,- -" """~""""<""'-""""'-'-«1'
A verage building elevation shall mean a reference datum on the surface topography of
a subject property from which building height is measured. The reference datum shall be a point
no higher than five feet above the lowest elevation taken at any exterior wall of the structure
either prior to any development activity or at finished grade, whichever is lower, provided the
reference datum is equal to or lower than the highest elevation at any exterior wa~1 of the
structure prior to development activity.
Average slope shall mean the average grade of land within each land arpa representing
a distinct topographical change. .
Backfill shall mean material placed into an excavated area, pit, trench or behind a
constructed retaining wall or foundation.
Building shall mean a roofed structure used for or intended for human occupancy.
Building mounted signs shall mean all of the following: wall mounted signs, marquee
signs, under marquee signs and projecting signs.
Bulkhead shall mean a wall or embankment used for retaining earth.
Business college shall mean a post secondary institution that offers instruction in
business principles and practices that will enhance one's ability to perform in a business setting,
i.e., secretarial, accounting, purchasing, computers.
Cemetery shall mean land used or intended to be used for the burial of the dead and
dedicated for cemetery purposes, including columbariums, crematories, mausoleums and
mortuaries, and related uses, 'Nhen operated in conjunction with and within boundaries of such
cemetery.
Center identification sign shall mean a building mounted sign or ground mounted sign
which identifies the name of a development containing more than one office, retail, institutional
or industrial use or tenant and which does not identify any individual use or tenant.
Change of use shall mean a change of use determined to have occurred when it is found
that the general character of the operation has been modified. This determination shall include
review of, but not be limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation; and
(4) General appearance;
(5) Tvoe. extent or amount of ;ndoor or outdoor storage: and
Ordinance No. 97-307, Page 8
,.",.",~
{§J Constffuents of surface water discharoe or runoff.
*
*
*
*
Medium density use shall mean detached, attached or stacked dwelling units on a subject
property which contains at least 3,600 square feet of lot area per dwelling unit but not more than
7,199 square feet of lot area per dwelling unit
Medium density zones shall,mean the following zones: RS 5.0, RM 3.6 and comparable
zones in other jurisdictions.
Minor stream shall mean any stream that does not meet the definition of major stream.
Monument sign shall mean a ground mounted sign which is attached to the ground by
means of a wide base of solid appearance and which complies with the standards of Plate 3.
Moorage facility shall mean a pier, dock. buoy or other structure providing docking or
moorage space for waterborne pleasure craft
Multiuse complex shall mean all of the following: a group of separate buildings operating
under a common name or management, or a single building containing multiple uses where
there are specific exterior entranœways for individual uses; or a group of uses on separate but
adjoining properties that request treatment as a multiuse complex.
Natural features shall mean physical characteristics of the subject property that are not
manmade.
Natural materials shall mean materials chemically unaltered from their natural state.
Noise shall mean the intensity, duration and character of sound from any and all sources.
Nonconformance shall mean any use, structure, lot, condition, activity or any other
feature or element of private ór public property.. or the use or utilization of private or public
property. that does not confonn to any of the provisions of this chapter or that was not approved
by the City of Federal Way city-through the appropriate decision-making process required under
this chapter.
Nonliving ground cover shall mean gravel, chipped bark or similar nonpolluting material
through which water can freely percolate to the soil beneath.
Normal maintenance shall mean normal maintenance includes interior and exterior
repairs and incidental alterations. Normal maintenance and repair may include, but is not limited
to, painting, roof repair and replacement, plumbing, wiring and eled.rical systems, mechanical
equipment replacement and weatherization. Incidental alterations may include construction of
nonbearìng walls or partitions.
Ordinance No. 97-307, Page 9
""'~"""~
Normal maintenance - signs may include. but is not limited to: replacing light bulbs.
painting faded or peeling paint. replacing small pieces of a damaged sign. This does not
include change of color. materials, sign type. size height or text. except for that specifically
permitted for a new tenant change to a multi tenant siQn.
OfJ-.Site hazardous waste treatment and storage facilities shall mean facilities which treat
and store hazardous wastes generated on the same lot or geographically' contiguous or
bordering property. Travel between two properties divided by a publíc right-of-way, and owned,
operated or controlled by the same person, shall be considered on-site travel it.
(1 )
(2)
The travel crosses the right-of-way at a perpendicular intersection, or
The right-of-way is controlled by the property owner and is inaccessible to the
public (see WAC 173-303-040(39». '
Property line shall mean those lines enclosing the subject property and those lines
defining a recorded vehicular access easement or tract. The following are-categories of property
lines:
(1 )
(2)
(3)
The front property line is any property line that is adjacent to a right-of-way which
is more than 21 feet in width; excluding Interstate 5. If the subject property is
adjacent to more than one right-of-way which is more than 21 feet in width, the
applicant shall designate which of the adjacent property lines is the front property
line and the remainder of such adjacent property lines will be considered as either
a rear property line or side property line, based on the definition in this section. If
the subject property is not adjacent to a right-of-way which is more than 21 feet in
width, then the front property line is the property line adjacent or principally
oriented to the street providing primary vehicular access to the subject property,'
as determined by the director of the department of community development.
The rear property line is any property line that is farthest from, and essentially
parallel to, the front property line.
The side property line is any property line other than' a front property line or a rear
property line.
Public park shall mean a natural or landscaped area, provided by a unit of government,
to meet the active or passive recreational needs of people.
Public utility shall mean the facilities of a private business organization such as a public
service corporation, or a governmental agency performing some public service and subject to
special governmental regulations, the services which are paid for directly by the recipients
thereof. Such services shall indude but are not limited to: water supply, electric power,
telephone, cablevision, natural gas and transportation for persons and freight. The term also
includes broadcast towers, antennas and related facilities operated on a commercial basis.
Ordinance No. 97-307, Page 10
'. .'.'.-.._.."~'~--' ,
Public works diredor shall mean the director of the department of public works of the city.
"
Ordinance No. 97-307. Page 11
. '.' "'.
. '." --,.' ",'
~ ATTACHMENT 8
ARTICLE IV - NONCONFORMANCE
-.
Ordinance No. 97-307, Page 12
. " "'.'" .",."',..",..".'u"""",,,,- '
0'" :0 "o..~/.'!!I'6¥:t:J
ARTICLE IV. NONCONFORMANCE*
*Cross reference{s)-Effective date of the zoning regulations and requirements, § 22-9;
district regulations, § 22-571 et seq.; supplementary district regulations, § 22-946 et seq.
Sec. 22-325. Purpose and intent.
The purpose of this Article is to allow for the continuance and maintenance of leQally
established nonconforminQ uses and structures. and to provide standards delineating the
circumstances in which nonconforming uses and structures must be brought into confonnance with
the standards and provisions prescribed within this chapter. In particular. the intent of this Article
is to: 0
00
!Q1
{çl
@
~
Ensure a reasonable opportunity for use of legally created lots which do not meet
current minimum code requirements for the zoning district in which they are located.
Ensure a reasonable opportunity for use. maintenance and minor improvement of
legally constructed buildings. structures and site development features. encourage
a reasonable opportunity for a change of tenants using such buildings. structures.
or features. even where those buildings. structures and features do not comply with
development regulations prescribed by this chapter, and provide more flexibility
relative to structures and developments that were built in accordance with the codes
and laws in effect at the time of construction:
Ensure a reasonable opportunity for continuation of legally established uses which
do not conform to use regulations for the zoning district in which they are located.
Encourage the replacement of nonconforming uses having potentially undesirable
impacts on conforming uses.
Encourage the upgradinQ of nonconforminQ buildings. structures and site
development features which do not comply with development regulations prescribed
by this chapter.
Sec. 22-326. Administration.
This article establishes when and under what circumstances nonconforming aspects of a
use or development must be brought into conformance with this chapter. The provisions of this
article should be used only if there is some aspect of the use or development on the subject
property that is not permitted under this chapter.
(Ord. No. 90-43. § 2(165.05), 2-27-90; Ord. No. 91-113, § 4(165.05),12-3-91; Ord. No. 92-135,
§ 3(165.05), 4-21-92; Ord. No. 92-144, § 3(165.05), 6-16-92)
Ordinance No. 97-307, Page 13
,,' """':""~
Sec. 22-327. When confonnance Is required.
If an aspect, element, activity or use of or on the subject property conformed to the
applicable zoning chapter in effect at the time that aspect, element, activity or use was constructed
or initiated, that aspect, element, activity or use may continue and need not be brought into
conformance with this chapter unless a provision of this article requires conformance. .
(Ord. No. 90-43, § 2(165.10), 2-27-90; Ord. No. 91-113, § 4(165.10),12-3-91; Ord. No. 92-135,
§ 3(165.10),4-21-92; Ord. No. 92-144, § 3(165.10),6-16-92) .
Sec. 22-328. Regulations applicáble to legal nonconfonning use.
If a use is nonconforming in the zone in which it is located, this chapter does not establish
applicable dimensional or other regulations. If the use is a legal nonconforming use. Therefore,
to determine what regulations apply, the city will. in order to identify applicable regulations.
determine the zone that allows the nonconforming use~ that is most similar to the %one in which
tfte-nonconforming use is located and apply the development regulations of that zone. If the use
is a legal nonconforming use t~ in one or more zones other than the zone in which it
is located. the City determine the zone most similar to the zone in which the nonconforming use
is located and apply the development regulations of that zone.
(Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91-113, § 4(165.15),12-3-91; Ord. No. 92-135,
§ 3(165.15),4-21-92; Ord. No. 92-144, § 3(165.15),6-16-92)
Sec. 22-329. Abatement of nonconfonnance that was illegal when initiated.
(a) General/y. Except as specified in subsection (b) of this section, any nonconformance that
was illegal when initiated must immediately be brought into conformance with this article. The city
may, using the provisions of article IV of this chapter or any other applicable law, immediately
abate any nonconformance that was illegal when initiated.
(b) Exceptions. If a nonconformance has ever been in complete conformance with an
applicable zoning code it may continue to exist subject to the provisions of this article, and it is not
subject to abatement under subsection (a) of this section.
(Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91-113, § 4(165.20), 12-3-91; Ord. No. 92-135,
§ 3(165.20),4-21-92; Ord. No. 92-144, § 3(165.20),6-16-92)
Sec. 22-330. Immediate compliance with certain provisions required.
(a) Generally. Regardless of any other provision of this article, the following
nonconformances must be immediately brought into conformance with the applicable provisions
of this chapter:
(1 )
Nonconformance with the noise standards in section 22-956;
Ordinance No. 97-307, Page 14
(2)
(3)
(4)
(5)
.".",-"....~
Nonconformance with the lighting standards in section 22-954;
Nonconformance with the heat emission standards in section 22-951;
Nonconformance with the radiation standards in section 22-959;
Nonconformance with the air quality standards in section 22-947;
(6) Nonconformance with the water quality standards in section 22-1 ~ et seq ~
Unito"" Are Code and FWCC sections 8-51 - 8-120. to the extent that the nonconformance poses
a threat to life or safety. as determined by the Director in consultation with the appropriate fire
safety officials;
(7)
(8)
(9)
(10)
(11 )
(12)
Nonconformance with the odor standards in sedion 22-958;
Nonconformance with the provisions in section 22-1111 et seq.; regarding parking
and storage of large vehicles in residential zones;
'.
Nonconformance with the provisions in section 22-952 regarding junk;
Nonconformance with the glare standards in sedion 22-950;
Nonconformance with the provision in section 22-1596 regarding portable outdoor
signs;
Nonconformance with the provision in sedion 22-1596 regarding location of signs
extending over rights-of-way.
(b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any
other applicable law, to immediately abate or seek discontinuance of any nonconformance listed
in subsection (a) of this section.
(Ord. No. 90-43, § 2(165.25),2-27-90; Ord. No. 91-113, § 4(165.25), 12-3-91; Ord. No. 92-135,
§ 3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25),6-16-92)
Cross reference( s )-Enforcement of the provisions regarding nonconformance with the
zoning regulations, § 22-121 et seq.; maximum environmental noise levels, § 22-956; lighting
standards, § 22-954; heat regulation, § 22-951; radiation, § 22-959; air quality, § 22-947; odors,
§ 22-958; water quality, § 22-1196 et seq.; parkjng and storage of outdoor equipment, § 22-1111
et seq.; junk and junkyards, § 22-952; glare regulations, § 22-950; portable outdoor signs, § 22-
1596 et seq.; signs extending over rights-of-way, § 22-1596 et seq.
Sec. 22-331. Certain nonconfom1ances specifically regulated-Generally.
(a) Sections 22-332 through 22 33722-336 specify when and under what circumstances
certain nonconformances mtJst be corrected. If a nonconformance must be corrected under this
Ordinance No. 97-307, Page 15
-. ._;.:.,:.,,--~
., ............~-.-
section, the applicant must, as part of the application for any development permit, submit all
information that the city reasonably needs to review the correction. In addition, the city will not
issue a certificate of zoning compliance or permit occupancy until the correction is made.
(b) If section 22-330 applies to a specific nonconformance, the provisions of this section do
not apply to that same nonconformance. '
(Ord. No. 90-43, § 2(165.35(1»,2-27-90; Ord. No. 91-113, § 4(165.35(1», 12-3-91; Ord. No. 92-
135, § 3(165.35(1»,4-21-92; Ord. No. 92-144, § 3(165.35(1»,6-16-92)
Sec. 22-332. Same-Nonconfonning use.
Any nonconforming use must be terminated brought into conformance or discontinued it
(1 )
(2)
(3)
(4)
The applicant is making structural alterations or increasing the gross floor area of
any structure that houses or supports the nonconforming use;
Other than as specified in subsection (1) of this section,. the applicant is making
changes or alterations or doing work, other than normal maintenance, in any ~
consecutive 12 month period to any structure that houses or supports the
nonconforming use and the fair market value of that change, alteration or work
exceeds 15 percent of the assessed or appraised value of that structure. The
applicant may provide an appraisal of the improvement structure on the subject
property. which has been damaged. The appraisal must be from a source that is
acceptable to the city. The community development director may require the
applicant to provide an appraisal from a source acceptable to the city if the assessed
valuation appears to be inappropriate. If an appraisal is provided by the applicant or
required by the city, the larger of the two amounts (value of assessment or appraised
value) shall be used;
The subject property has been abandoned for 90 or more consecutive days or the
nonconforming use has ceased for 180 or more consecutive days; or
The applicant replaces the use with a different use. The city may allow this change
in use, if through process 1/ the city determines that the proposed new use '-¡¡ill be
le33 nonconforming and will have fewer detrimental effects on the neighborhood than
did the existing use.
(Ord. No. 90-43, § 2(165.35(2}), 2-27-90; Ord. No. 91-113, § 4(165.35(2}}, 12-3-91; Ord. No. 92-
135, § 3(165.35(2}}, 4-21-92; Ord. No. 92-144, § 3(165.35(2», 6-16-92}
Cross reference(s)-Building code standards. § 5-66.
Sec. 22-333. Same--Nonconfonning procedure.
Ordinance No. 97-307, Page 16
'--"h'~".."....
If the subject property contain~ a u~e .Q( a~ped, activity or development requiring approvaf
through process I, II, or III, or IV. and the u~e or activity which was not approved or revie-..¡ed b~
1h~ I lea ring Cxaminer through any quasi judicial proce33 under this chapter or any prior applicable
l:oning proilision, that use Q( aspect, activity or development must be reviewed and approved
using the appropriate process .Pi under this chapter if:
(1 )
(21)
(32)
(4~)
There is B change in use and this chapter established different or more rigorous
standards for the new use than for the existing use;
The applicant is makiog additions, changes or alterations or doing work, other than
normal maintenance or other than tenant improvement-s, to the subject property in
one consecutive 12 month period the fair market --'slue of which exceeds SO percent
of the assessed or appraised value of all stnJctures on the subject pr'Operty. The
applicant may provide an appraisal of the structures on the subject property;
improvement which has been damaged. The appraisal must be from a source that
is acceptable to the city. The community development director may r-equire the
applicant to pr'Ovide an appraisal from a 3Ourœ acceptable to the city if the assessed
valuation appears to be inappropriate. If an appraisal is provided by the applicant or
required by the city, the larger of the two amounts shall be used;
The subject property has been abandoned for 90 or more consecutive days or The
use conducted on the subject property has ceased for ~ 180 or more con3ecutive
days; or
The director of community development determines that ther-e will be substantial
changes in the impacts on the neighborhood or the city as a result of the propo3ed
change The applicant proposes to increase the gross floor area of any use on the
subject property by 25% or more. either through addition of new floors within the
structure or enlargement of the existing building foot print.
(Or-<:1. No. 90-43, § 2(165.35(3», 2 27 90; Ord. No. 91 113, § o4{165.35(3», 12-3-91; Ord. No. ~2
135, § 3(165.35(3)),4 21 ~2; Ord. No. ~2 144, § 3(16S.35{3», 6 16 ~2)
Sec. 22-334. Same-Nonconforming Development
if any aspect. structure. improvement or development does not conform to the development
regulations prescribed in this chapter. that aspect. structure. improvement or development must
be brought into confonnance or otherwise improved as set forth below. If there are fewer parking
spaces for the uses conducted on the subject property than are required under this chapter, the
additional required number of spaces must be provided if:
(1 )
Change of use - sinQle tenant site: If an applicant proposes a chanQe of use on
property used or occupied by a sinÇ)le tenant or use. the applicant shall meet those
provisions detennined by the Director to be reasonably related and applicable to the
change of use. These provisions shall apply to the entire site.
Ordinance No. 97 -307, Page 17
""""Þ<*>"&J:1]
!21
Change of use - multi tenant site: If an applicant proposes a change of use on onl~
a portion of property occupied by multiple tenants or uses. the applicant shall me~t
those provisions detemlined by the Director to be reasonably related and applicabl~
to the change of use. These provisions shall apply only to that Qeographic portior)
of the site related to the use or tenant space on which the chanQe is proposed. =Fhe
applicant is going to change the use conducted on the subject property and this
chapter requires more parking spaces for the ne'...' use than for the former use;
(3)
Increase in Gross Floor Area: If ~ applicant proposes to is--inérease increasing
the gross floor area of any use on the subject property in anyone of the following
ways. the applicant shall comply with the development regulations in effect at the
. time of the proposal. as specified below: .
.a.. If expansion of CJross floor area of an existing building occurs eithec
through addition of new floors within the structure or enlargement of the existing
building foot print. the applicant shall comply with all development regulations in
effect at the time the expansion is proposed. If the property on which the expansion
is proposed is OCCt)pied by multiple tenants or uses. the applicant shall comply with
those development regulations applicable to the geographic portion of the site on
which the expansion is proposed: or :
Q.. If a new and separate structure is being constructed on an already
developed site. the applicant shall comply with all development regulations
applicable to the geographic portion of the site on which the new structure and any
related improvements are to be constructed.
(4)
Abandonment If an applicant proposes any work, including tenant improvements, on
the subject property that has been abandoned for GO or more consecutive days. The
applicant shall comply with all development regulations applicable to the subiect
property. to the extent physically or technically practicable on the site: or the use
conducted on the subject property has ceased for 180 or more consecutive days.
(5)
The use conducted on the subiect property has ceased for more than one year. in
which case the applicant shall repair and/or restore the imDrovements on the site
(e.g. drainage. landscaping. curbing. parkinQ. parkinQ lot landscapinQ. etc.) to a
condition as near as physically possible to the condition required by the requirements
of approval of the existing development:
(6)
The applicant is makinQ any alteration or changes or doing any work. other than
nonnal maintenance or other than tenant improvements. in anyone consecutive 12
month period to an improvement that is nonconfonninQ and the fair market value of
the alteration. change or other work exceeds 50 percent of the assessed or
- appraised value of that improvement. The applicant may provide an appraisal of the
improvement. The appraisal must be from a source acceptable to the City. The
Director may require the applicant to provide an appraisal from a second source
acceptable to the City if the assessed valuation appears to be inaccurate or
Ordinance No. 97-307, Page 18
"'.". """"""""~"""'4
inappropriate. If more than one appraisal is provided by the applicant or required b~
the City. the larger of the tv.¡o amounts shall be used. In the event this subsection i~
triggered with respect to a sinQIe-tenant or sinÇJle-occupant site. the applicant shall
meet all development reQulations applicable to the property. In the event thi&
subsection is triggered with respect to a site occupied by multiple tenants or uses,
the applicant shall comply with those development reQulations applicable to the
geographic portion of the site on which the alteration. chanQe. or improvement ~
proposed. For purposes of this detennininQ value under this section. improvements
required pursuant to Sections 22-334 (Nonconforming Development). 22-336
(street/sidewalk improvements). 22-337 (NonconfonninQ Water Quality
Improvements) and 22-1473 (street/sidewalk improvements) shall not be counted
towards the 50% threshold which would trigger application of this subsection (22-
334(6».
This section (22-334) does not govern application of Article XIx. Community Design Guidelines:
application of Articfe XIX is governed by FWCC 22-1630 - 22-1639. as amended. This section (22-
334) also does not govern application of development regulations relating to water Quality. signs.
or street/sidewalk improvements: application of those development regulations is governed by
FWCC 22-337. 22-335. 22-336 and 22-1473. all as amended :
(Ord. No. 90-43, § 2 (165.35(4», 2-27-90; Ord, No. 91-113 § 4 (165.35(4», 12-3-91; Ord. No. 92-
135 § 3 (165.35(4»,4-21-92; Ord. No. 92-144 § 3 (165.35{4», 6-16-92),
Cross reference(s)-Zoning district regulations, § 22-571 et seq.; plan unit developments,
§ 22-921 et seq; off street parking regulations, § 22-1376 et seq.
Sec. 22-335. Nonconforming signs.
(a) Purpose In order to ease the economic impact of this code on businesspersons with
substantial investment in signs in existence on the date of adoption of this code, this section
provides for up to ten years of continued use of a nonconforming sign in its existing state. During
this period, it is expected that the sign may be amortized in its value over this ten~year time period
and/or may be amortized for federal income tax purposes; provided, however, that whether a sign
is amortized for tax purposes shall not affect the application of this section,
(b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597
which was legally in existence on the effective date of this code, February 28, 1990 but which does
not comply with the sign regulations of Artide XVIII, .. signs" or any other sections of this code. Any
words, terms or phrases used in this section and which are not otherwise defined shall have the
meanings set forth'in sections 22-1 and 22-1597 of this Code.
(c) Legal nonconformance.
(1 )
Eligibility. Any nonconforming sign located within the city limits on the date of
adoption of this code, February 28, 1990, or located in areas annexed to the city
thereafter which does not conform with the provisions of this code, is eligible for
Ordinance No. 97-307, Page 19
(2)
(3)
, . ...,,--._.,.v~
characterization as a legal nonconfonning sign provided it meets the following
requirements:
(I)
The sign was covered by a sign permit on the date of adoption of this code,
if one was required under applicable law, or
(ii) If no sign permit was required under applicable law for the sign. the sign was
in all respects in compliance with applicable law on the date of adoption of
- this code.
Allowed. All legal nonConforming signs are allowed subject to all permit requirements.
,the provisions covering loss of legal nonconforming status and other limitations set
forth in this section.
Exclusions. No temporary signs. portable signs. special signs. or incidental signs
shall be eligible for characterization as legal nonconforming signs.
. (d) Legal nonconforming sign permit.
(1 )
(2)
(3)
Required. A legal nonconforming sign permit is required for each legal
nonconfonning sign. The pennit shall be obtained by the sign user or the sign owner,
or the owner of the property upon which the sign is located, within 60 days of
notification by the city that the sign is legal nonconforming. The permit shall be
issued for no fee and shall expire at the end of the applicable amortization period
prescribed in FWCC 22-335(E).
Necessary information. Applications for a legal nonconforming sign permit shall
contain the name and address of the sign user, the sign owner and the owner of the
property upon which the sign is located, and such other pertinent information as the
director of community development may require to ensure compliance with the code,
including proof of the date of installation of the sign.
FaUure to comply. A legal nonconforming sign for which no permit' has been issued
within the 6O-<iay period shall within six months be brought into compliance with the '
code or be removed. Failure to comply shall subj~ the sign user, owner and/or
owner of the property on which the sign is located to the remedies and penalties of
section 22-1604. .'
(e) Amortization. All/ega/ nonconfOOlling signs shall be discontinued and removed or made
conforming within ten years from the effective date of this code, on or before February 28. 2000,
and all signs which are made nonconforming by a subsequent amendment to this code shall be
discontinued and removed or made confOOlling within five years after the date of such amendment
(collectively the n amortization period"). Upon the expiration of the amortization period, the sign
shall be brought into conformance with this code, with a permit obtained, or be removed. A sign
prohibited pursuant to section 22-1600 may not be brought into conformance and must therefore
be immediately removed upon the expiration of the amortization period.
Ordinance No. 97-307, Page 20
'O'J.<"",,,-
(f) Extension or exemption from amortization period.
(2)
(3)
(4)
(1 )
Applicability. This subsection applies to any sign which is required to be removed
pursuant to subsection (e) of this section following expiration of the amortization
period.
Purpose. A sign amortization exemption or extension is a mechanism by which the
city may provide relief from the effect of the sign amortization program when its
enforcement would fail to noticeably improve the appearance of the neighborhood
and the city any wher) a hardship would result from its enforcement
Who may apply. the property owner or the person displaying the sign which is
required to be removed pursuant to subsection ( a) of this section may apply for a
sign amortization extension or exemption.
Decisional criteria. AA application for a sign amortization exemption or extension may
be approved or approved with modification if it satisfies all of the following criteria:
(a)
(b)
(c)
(d)
(e)
,
The sign is compatible with the architectural design of structures on the
subject property.
The sign substantially complies with the requirements of the sign code for the
land use district in which it is located. For purposes of this subsection,
"substantial compliance" shall mean that the height of the sign is within ten
percent of the sign height required by Article XVIII of this code and that the
sign area of the sign is within 20 percent of the sign area required by article
XV111 of this code. Minor deviations from these percentages may be approved
by the administrator if he or she concludes that the resulting sign is
harmonious with the character of the primary structures on the subject
property and with the signs and structures on surrounding properties;
The enforcement of this code would result in a substantial hardship to the
applicant due to the size, shape, topography, location or surroundings of the
subject property and such hardship was not created by any action of the
applicant or would result in a substantial ecot:1omic hardship to the applicant
because the applicant erected a sign, or made an application for a sign
permit, between February 28, 1990 and June 6, 1995 in compliance with the
existing sign code.
The sign complies with the city's minimum sign distance at intersection
requirements pursuant to section 22-1151 at seq.;
If illuminated, the sign is oriented Wlay from residentially developed or zoned
property or is adequately screened so that the source of light is not correctly
visible;
Ordinance No. 97-307, Page 21
',"....,.-.,~
(f)
(g)
It is consistent with the city' comprehensive plan; and
It is consistent with the public health, safety and welfare.
(5)
Applicable procedure. Excapt as otherwise provided by this subsection (f), the city
will process an application for a sign amortization exemption or extension through
Process I, Article VI of this code.
(g) LDss of legal nonconforming sign status. All nonconforming signs shan be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured
therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation
when one or more of the following events occurs: .
(1)
(2)
(3)
(4)
(5)
(6)
Structural changes. The applicant is making structural alterations or increasing the
gross floor area of any structure that houses or supports the use with which the legal
nonconforming sign is associated;
Other alterations. The applicant is making any change, alteration or performing work
other than normal maintenance or other than tenant improvements, in any 12-month
period to any structure that houses or supports the use with which the nonconforming
sign is associated and the fair market value of those changes, alterations or other
work exceeds 25 percent of the assessed value of that structure as determined by
the King County Assessor,
Abandonment or business cessation. The subject property containing the sign is
abandoned for 90 or more consecutive days or the activity conducted on the subject
property ceases for 180 consecutive days;
Sign alte~tions. The applicant is making changes, alterations or perfonning any work
to the legal nonconforming sign other than regular and normal maintenance.
Prohibited sign alterations indude relocating the sign or replacing the sign; provided,
however, that replacing any individual tenant's identification sign in either a center
- - - ' identification sign which separately identifies the tenants or in a tenant directory sign
shall nåt result in the loss of such sign's legal nonconforming sign designation.
Change in use. There has been a change in use on the subject property as that term
is defined by section 22-1 of this code.
Change in tenant. There has been a change in tenant or business on the subject
property.
In connection with any multiuse or multi tenant complex, the foregoing events which require
that a nonconforming sign be either removed or brought into conformance with this code, shall
apply only to the individual owner's or tenant's building mounted or freestanding signs who has
triggered the elimination of the legal nonconformanca and not to the other signs located on the
Ordinance No. 97-307, Page 22
subject property, including any copy change in a center identification or tenant director sign in
order to include such tenant's name.
(h) Historic signs. Nonconfonning on-site historical signs may be retained through Process
II, Article VII of this code, if the sign is detennined to be of historic significance by satisfying all of
the following criteria: .
(1 )
(2)
(3)
(4)
The sign is used in connection with a building which has been designated as a
historic building pursuant to any federal, state or local preservation authority-,
The subject sign or signs are substantially unchanged or unaltered since initial
installation;
The subject sign or signs are a good example of the prevailing signage during the
period in time it was installed; and
The subject sign or signs have been well maintained and are not materially
detrimental to the public health, safety and welfare.
(I) Exemption. The city may elect not to apply any provisions of this section 22-335 if the
removal of a sign would require the city to pay compensation under any federal, state or other law,
including RCW ch. 47.42.
(Ord. No. 90-43, § 2(165.35(5»,2-27-90; Ord. No. 91-113, § 4(165.35(5»,12-3-91; Ord. No. 92-
135, § 3(165.35(5»,4-21-92; Ord. No. 92-144, § 3(165.35(5», 6-16-92; Ord. No. 95-235, § 3, 6-8-
95)
Cross reference(s)-Sign regulations, § 22-1596 et seq.
Sec. 22-336. When public improvements must be installed. 5ame--Nonconfonning buffers.
An applicant for a development permit for any type of activity on property on which a
nonconformance is located shall provide the improvements required by Article XVI of this chapter.
as provided in FWCC 22-1473. as amended.
Card. No. 90-43. § 2C110.20}. 2-27-90}
Cross reference(s)-Streets; sidewalks and other public places. ch. 13: rights-of-way. § 13-
26 et seq.: subdivision required improvements. § 20-176 et S6<1.: drainaQe prOQram. § 21-26 at seq.
If the subject property dOð3 not contain the buffer3 required by thi3 chapter, the required
buffers must be pro'.¡ided if:
(1 )
There is any incre83ð in the gro33 floor area of any structure on the subject property.
IIO'Never, the buff-er3 adjacent to preexisting buildings on the subject property need
only be increased to the extent that the land is available for the increase~
Ordinance No. 97-307, Page 23
(2)
(3)
(4)
..---,----
There is a change in use on the 3ubject property and this chapter requires larger Of
denser buffers for H1e new use than for the former use;
Cxcept 8S ~ed in subsection (1) of this section, the applicant is making changes,
alterations or doing other work. other than normal maintenance or other than tenant
impro'9'ements, in any 12-month period to any structure on the subject property and
fair market value of these changes, alterations or other work exceeds 50 percent of
the 83SeSSeð or appraised value of that structure. The applicant may provide an
appraisal of the improvement which ha3 œen damaged. The appraisal must be from
a source that is acceptable to the city. The community development director may
require the applicant to provide an appraisal from a source acceptable to the city if
the assessed valuation appears to be inappropriate. If an appraisal is provided by
the applicant or required by the city, the larger of the me amounts shall be used;
hor/feVer, the buffers adjacent to preexisting buildings on the subject property need
only be increased to the extent that the land is available for the increase; or
The subject property has been abandoned for ~O or more consecutive days or the
use conducted on the subject property has œased for 180 or more consecutive days.
'-
(Ord. No. 90-43, § 2(165.35(6»,2 27 90; Ord. No. 91-113, § 4(165.35(6», 12 3 G1; Ord. No. G2
135, § 3(165.35(6»,421 92; Ord. No. 92-144, § 3(165.35(6»,6 16 ~2)
Cross reference(s) Landscaping, § 22 1561 et seq.
Sec. 22-.337. Same--Any other nonconfonnance.
Improvements.
Nonconfonning Water Quality
This section sets forth the standards when and under what circumstances a structure, 0
improvement or development or property that does not confonn to the development regulations
presaibed in Chapter 21 of the FWCC (as amended) relating to water quality. or does not confonn
0 to the development regulations contained in Article XIII. Division 12 of this chapter (FWCC sections
22-1196 - 22-1220. as amended) must be brought into compliance with the development
0 o' °regulations in Chapter 21 pertaining to water Quality and Article XII r. Division 12 of this chapter
(FWCC sections 22-1196 - 22-1220. as amended).
úù Redevelopment. Any person proposing to redevelop 08 structure. improvement.
development or property must bring that structure. improvement. development or property into
compliance with the development regulations in Chapter 21 pertaining to water Quality and Article
XIII. Division 12 of this chapter (FWCC sections 22-1196 - 22-1220. as amended).. where the
proposed redevelopment meets or exceeds the thresholds set forth below. For the purposes of this
section. -redevelop. or -redevelopment- means. on an already developed site: the creation or
addition of impervious surface: the expansion of a building footprint or addition or reolacement of
a structure: structural development includinCJ an increase in Gross floor area and/or exterior
construction or remodeling. where the structural development exceeds 50 oercent 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
Ordinance No. 97-307. Page 24
"',""r-
a ootentiaf to release a new DO"~e CitY's surface waler systems: or land disturbing
activities associated with impervious redevelopment
ill
Redevelopment which involves the creation or addition of impervious surfaces havinQ
an area of 5.000 square feet or more:
!21 Redevelopment which involves the construction or reolaœment of a buildinQ footprint
or other structure havinQ 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:
!ID
g),
@
ffil
ill
Redevefopment wf:lmjnvolves the 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:
Redevelopment wh~on and/or concentration of surface and/or:
storm water runoffirom a drainage area of 5.000 square feet or more:
Redevelopment wfJig1 contains or ~y discharges to a-floodplain. stream. lake.
wetland. or closed depression. groundwater recharge area. or other water quality
sensitive area detennined by the Public Works Director. based on a written map.
Do/icy. water Guafitv monitorina data or o/an (n existence or imofemented by the
pirector orior t~~ission of a redevelooment 8oofication which is determined tg
{naaer aoofica(ion of this subsection. or ~ on information deve/ooed durin a
review of a oarticufar redevelooment aooficatjgg.,
Redevelopment which involves 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:
Redevelopment. other than normal maintenance or other than tenant improvements.
put includinG anv increase in Gross floor area. in anyone consecutive 12 month
period which exceeds 50 percent of the assessed or appraised value (whichever is
greater) of the structure or improvement beinç, redeveloped. The applicant may
provide an appraisal of the improvement. The appraisal must be from a source
acceptable to the City. The Director may reQuire the applicant to provide an
appraisal from a second source acceptable to the City if the assessed valuation
appears to be inaccurate or inappropriate. If more than one appraisal is provided by
the applicant or required by the City. the Qreater of the two amounts shall be used.
For purposes of this determinihQ value under this section. improvements required
pursuant to Sections 22-334 (NonconforminQ Development). 22-336 (street/sidewalk
improvements). 22-337 (Nonconformin<J Water Quality Improvements) and 22-1473
Ordinance No, 97 -307, Page 25
',C'-""'.,-..~ ,
(street/sidewalk improvements) shall not be counted towards the 50% threshold
which would trigger application of this subsection (22-337(7».
L8}
Redevelopment of property which drains or discharoes to a receivinQ water that has
a documented water quality problem. as determined by the Public Works Director
þased on a maD. olano water aualitv monitorina data or a written DO/icv in existence
or imolemented by the Director orior to submission of a redevelooment aoo/ieation
determined to triaaer aoo/ication of this subsection. where the Director detennines
that the redevelopment requires additional specific controls ,to address the
documented water qu_~lity problem.
!Q1 Phasing. A person proposing redevelopment for a site greater than one acre in size
may achie',¡e compliance '(tit" the requirements of this section by dew~/oðirJg and implementing a
storm water management olano The vlan must be a¡JvfOved b't the f1ubfic Ylorks Ofrector ono, to
City aDVfOval of the OfOOOSed rede'Æfovfflento and must cont-ain a det-ailed schedule, extending no
mote than five w~ars from the date of aDfJfOva{ of the redevelopment. for construction of sf{
ÎmofO'ìlements required b't this section (rIiCC 22 337). A oerson chooSÎ",,7 to oroceed under this
subsection (22 337(b» shall provide. prior to afJoroval of the srorfflwater management oran. a
oerformance bond and bond agreement that: (1) hs'.¡e a term equal to the construction schedule
prooosed m the man: and (4) comply'Nith the a¡Jo!icable requirements of sections 22 147 22 175.
as amended.
TiminG. ~II imoroyements reauired by this section fFWCC 22-337} shall be
constructed or installed concurrent with the redevelooment triaGerina aoo/ication of this section.
unless an aoo/ieant for redeve/ooment oots to oursue incremental construction of reQuired
imorovements, In that event. the aoo/icant shall develoo and submit to the PuQJff;J:Yorks Director
a stormwater manaGement o/an detai/ina all of the imorovements reQuired bv this section, and
proceed accordinG to the followinG subsections.
(1) Extent of Construction of ReGuired ~ater Qualítv Improvements.
Where the Public k}'orks Director determines that incremental construction is ohvsica/lv feasi~
the aoolicant shall construct that oortion of the required imorovements according to the following
schedule:
% of Redeve/ooment
~ater aualitY imorovements
0-24%
25-49%
>50%
25%
50%
100%
,kVhere construction of 100% of water aua/itv imoroyements is reQuired under this subsection. the
. imorovements may be constructed over a oeriod extendina no more than five years from the date
of aooroval of the redeye/ooment. A oerson choosina to uWize such extended construction shall
provide. orior fo aooroval of the stormwater manaGement alan. a oerformance bond and bond
agreement that: (1) have a term equal to the construction schedule proaosed in the alan; and (2)
comalv with the aoolicable requirements of sections 22-147 - 22-175. as amended.
Ordinance No. 97-307, Page 26
,"~~'"o=
f2lJncremental construction not fæsi~ere the Pu~orks Diredor
determines that incremental consfJ:J!2fion is not ohvsicallv feasible, 100% of the required wate¡
qualitY imorovements mustbe installed, concurrent with the redevefooment.
~on of redevelopment value. For ourooses of calculatinG tht2
value of redeveloomentjn order to aoolv section 22-337(~orks ~r shall
consider (he costj;fJhe aroDOSed~evelooment as a oerœntéJae of {he assessed or aooraiseq
value {whichever;s oreaten of all structures on t~ orooerfX=J( an aoorBi§§! is U$~~
þe oreoared bY an ~I aaoraiser acœotable to the City. and oaid for and 'Submitted bv the
aoolicant.
~bseauent red~opment. ~enever any oerson seeks aooroval for
redevelooment on orooertv for which incremental construction of reauired water aua/ff1(
imoTOvements was oreviouslY authorized aursuantJgJþis sectjon (22-3~. any adgjJjonal water
aualitv imofOvements to be reouired shall be determined by aoolication of ~he schedule in section
~based on t~ormwatermanaGement alan areaared as oartJdJl1e first reauesU2l;
authorization of incremental construction. If water Qualify reauirements have chanoed since
oreoaration of ~ stormwater manaGement alan. a new alan shall be oreoared detailinG
imorovements reauired to comoly with any existinG and new reauirements. and the schedule in
section 22-337(1ùß) shall also be aoolied to the new alan.
.(çl Location of water quality imorovements. A person proposing redevelopment on a
property or site having a Federal Way Comprehensive Plan designation of CC-F (City Core -
Frame) or CC-C (City Core - Center) may construct water Quality facilities required by this section
below grade.
Cross references: Chapter 21 FWCC; FWCC 22-1196 - 22-1220.
If any nonconformance exists on the subject property, other than as specifically listed in
sections 22 333 through 22-336 with the exception of Article XIX Community Design Guidelines,
these must be brought into conformance if:
t47
The applicant is making any alteration or changes or doing any work, other than
normal maintenance or other than tenant improvements, in any consecutive 12-
month period to an improvement that i3 nonconf'Orming or houses, supports or is
supported by the nonconformance and the fair market value of the alteration, change
or other work exceeds 50 percent of the assessed or appraised value of that
improvement The appliœot may provide an appraisal of the impro'.¡ement which has
been damaged. The appraisal must be from a source that is acceptable to the city.
The community development director may require the applicant to provide an
appraisal from a source acceptable to the city if the aæessed valuation appears to
be inappmpriate. tf an appraisal is provided by the applicant or required by the city,
the larger of the two amounts 311all be u3ed~
Ordinance No. 97-307, Page 27
f21
=The use on the subject property is changed and this chapter establishes more
stringent or different standards or requirements fo,- the nonconforming aspect of the
ftOW use than this chapter establishes for the former use; or
(3)
The subject property has been aband9ned for 90 or more consecutive days or the
use conducted on the subject property has ceased for 180 or more consecutive days.
(Ord. Uo. 90-43, § 2(165.35), 2 27 ~O; Ord. No. ~1-113, § 4(165.35), 12 3 91; Ord. t~o. 92-135,
§ 3C165.35}-. 4 21 92; Ore. No. ~2 144, § 3(165.35), 6 16 ~2) ,
Sec. 22-338. Additional provisioï1 if a quasi-judicial decision is required. Nonconfonning
In addition to any other provisions of this artide, if a development activity or use on the
Sttbject property is being decided upon using either process I,. II or III, the cit)' shall, in such
process, consider the degree of nonconformance and its relationship to the proposed use or
development activity, and the city may require that the applicant correct any nonconformance that
exists on the subject property. '
COrti. No. 90-43, § 2(165.40),227 90; Ord. No. ~1-113. § 4(165.40). 12 3 91; Ord. No. Ð2-135,
§ 3(165.40).4 21-92; Ord. No. 92 144. § 3(165.40). 6-16-92}
Sec. 22-33~9. Special provisions for residential uses.
If the subject property contains a- residential use that became nonconfonning as to use or
density as a result of the adoption of this chapter, that nonconforming use or density is exempt fr'Om
the provisions of sections 22 327 through 22 338 and. instead. the following regulations apply:
(1 )
(2)
If the improvements on the subject property are damaged or destroyed by any
sudden cause. the structure may be rebuilt; provided that the number of dwelling
units and the gross floor area in and on the subject property may not be increased
from that which existed immediately prior to the damage or destruction and any other
nonconformity of or on the subject property may not in any way be increased. The
provisions of this subsection (1) are only available if the applicant applies for a
building permit within 12 months after the sudden damage or destruction and
. construction is commenced and completed under that building pennit.
Other than as specified in subsection (1) of this section, the nonconforming use or
density must be corrected if the applicant is making changes, alterations or doing
other work, other than normal maintenance. in any 12-month period to any structure
on the subject property and fair market value of these changes, alterations or other
work exceeds SO percent of the assessed or appraised value of that structure. The
applicant may provide an appraisal of the improvement which has been damaged.
The appraisal must be from a source that is acceptable to the city. The community
development director may require the applicant to provide an appraisal from a source
acceptable to the city if the assessed valuation appears to be inappropriate. If an
Ordinance No. 97-307, Page 28
appraisal is provided by the applicant or required by the city, the larger of the two
amounts shall be used.
(3)
Tho entire subject property has becn abandoned for 90 or m%re consecutive days Of
all use conducted on the subject property' has ceased fof 180 or more consecutive
dtfys.
(Ord. No. 90-43, § 2(165.45),2-27-90; Ord. No. 91-113, § 4(165.45),12-3-91; Ord. No. 92-135,
§ 3(165.45),4-21-92; Ord. No. 92-144, § 3(165.45),6-16-92)
Cross reference(s)-District'"regulations, § 22-571 et seq.
Sec. 22-33ß.9.1. Nonconfonning accessory dwelling units.
(a) Eligibility. Any nonconforming accessory dwelling unit C"ADUtI) located within the city
limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the
city thereafter, which does not conform to Sections 22-613, 22-648, 22-965 or any other provisions
of this Code, is eligible for designation as a legal nonconforming ADU provided it meets the
following requirements:
(1 )
(2)
The ADU was covered by a permit on the date of adoption of this Code, if one was
required under applicable law, or
If no permit was required under applicable law, the ADU was in compliance with
applicable law on the date of adoption of this Code.
(b) AI/owed. AJllegal nonconforming ADUs are allowed subject to the provisions related to
loss of nonconforming status and other limitations set forth in this chapter.
(c) Loss of legal nonconforming ADU status. All nonconforming AD Us shall be immediately
removed or modified to conform to all of the provisions of this Code and a permit secured therefor,
and shall lose their legal nonconforming designation when one or more of the following events
occur.
(1 )
(2)
(3)
Increase in square footage. The applicant is increa.sing the gross floor area of any
ADU:
Other alterations. The applicant is making any change, alteration or performing work
other than nonnal maintenance or other than tenant improvements, in any 12-month
period to any ADU and the fair market value of such changes, alterations or other
work exceeds 50 percent of the assessed value of that ADU as detennined by the
King County Assessor,
Abandonment or cessation of occupancy. The subject property containing the ADU
is abandoned for 90 or more consecutive days or the ADU is not occupied for 180
consecutive days; or
Ordinance No. 97-307, Page 29
(4)
Change in use. There has been a change in use on the subject property as that tenn
is defined by Section 22-1 of this Code.
(Ord. No. 95-245. § 3(E). 12-5-95) .
. Edito(s note-Provisions enacted by § 3(E) of Ord. No. 95-245. adopted Dec. 5, .1995. as
§ 22-339, have been included herein at the discretion of the editor as § 22-339.1.
Sec. 22-33~. Special provisions for compliance with government regulations.
The provisions of this section-will be followed regardless of any conflicting regulations of this
article. Any regulations of this article which do not conflict with the provisions of this section are
unaffected by this section.
(1)
au tanks. My excavation, development activity or construction perfonned to comply
with the "Underground Storage Tanks; Technical Requirements and State Program
Approval; Anal Rules" (40 CFR 280 and 281), as now existing or as hereafter
amended or with .the provisions of RCW ch. 9O~ 76. or any regulations adopted
thereunder. may not be used as the basis, or part of the basis, for requiring that
nonconformance on the subject property be corrected. ~
(2)
Other government regulations. Other than as specified in subsection (1) of this
section, the city may, using process # .IY. exempt a property or use from any of the
requirements of this article if:
a.
The actions or events which form the basis of requiring that nonconformance
on the subject property be corrected are necessitated solely to comply with
local, state or federal regulation;
b.
The actions necessitated to comply with those regulations will not significantly
extend the expected useful life of the nonconforming aspect; and
c.
The public benefit of complying with the local, state or federal regulation
clearly outweighs the public benefit in correcting the nonconfonnance.
(Ord. No. 90-43, § 2(165.50),2-27-90; Ord. No. 91-113, § 4(165.50),12-3-91; Ord. No. 92-135,
§ 3(165.50),4-21-92; Ord. No. 92-144, § 3(165.50),6-16-92)
Sec. 22-34q+. Prohibition on increasing nonconformance.
No nonconformance may, in any way, be enlarged, expanded, increased, intensified,
compounded or in any other way made greater, except as specifically permitted in this article.
(Ord. No. 90-43, § 2(165.55),2-27-90; Ord. No. 91-113, § 4(165.55), 12-3-91; Ord. No. 92-135,
§ 3(165.55),4-21-92; Ord. No. 92-144, § 3(165.55),6-16-92)
Ordinance No. 97-307, Page 30
Sec. 22-3412. Applicability of unifonn codes.
Nothing in this artide in any way supersedes or relieves the applicant from compliance with
the requirements of the city's building codes. the Uniform BuildinQ Code. the Uniform Fire Code.
and other construction-related codes as adopted and amended from time to time by the city.
(Ord. No. 90-43, § 2(165.60),2-27-90; Ord. No. 91-113, § 4(165.60),12-3-91; Ord. No. 92-135,
§ 3(165.60),4-21-92; Ord. No. 92-144, § 3(165.60), 6-16-92)
Cross reference(s)-Buildings and building regulations, ch. 5.
Sec. 22-34,2ß. Special provision for damaged improvements.
If a nonconforming improvement is damaged by sudden accidental cause, that improvement
may be reconstructed only if it meets the following requirements and not otherwise:
(1 )
(2)
(3)
The cost of reconstructing the damaged improvement does not exceed 75 percent
of the assessed or appraised value of that improvement prior to the damage. The
applicant may provide an appraisal of the improvement which has been damaged.
The appraisal must be from a source that is acceptable to the city. The community
development director may require the applicant to provide an appraisal form a source
acceptable to the city if the assessed valuation appears to be inappropriate. If an
appraisal is provided by the applicant or required by the city, the larger of the two
amounts shall be used.
The improvement, as reconstructed, is not any more nonconforming than it was
immediately prior to the damage.
The applicant applies for a building pemit to reconstruct the damaged improvement
within six months of the date of the damage and reconstructs the improvement
pursuant to that building permit.
(Ord. No. 90-43, § 2(165.30),2-27-90; Ord. No. 91-113, § 4(165.30),12-3-91; Ord. No. 92-135,
§ 3(165.30),4-21-92; Ord. No. 92-144, § 3(165.30), 6-16-92).
Sec. 22-343. Appeals.
Notwithstanding any other provision in this chapter. a decision of the Director or the Hearing
Examiner with respect to the application of any provision of this Article shall be appealable as part
of. and under the process applicable to. any appeal of a decision of the Director or the Hearing
Examiner on the underlying application or proiect for which City approval is sought.
(Ord. No. 93-43. Section 2 (175.10(7». 2-27-90: Ord. No. 97-291, Sec. 22-368. 4-01-97).
Cross-reference: Sec. 22-368 (concerninCJ appeal of Process II decision): Sec. 22-400
(concerning scope of appeal of Process III approval).
Ordinance No. 97-307, Page 31
Ordinance No. 97-307, Page 32
A IT ACHMENT C
OTHER FEDERAL WAY CITY CODE SECTIONS
Ordinance No. 97-307, Page 33
Sec. 16-46. Underground requirements-New facilities.
(a) All major additions of new facilities (three or more spans and/or 500 feet or more) shall
be underground.
(b) Minor additions of new facilities may be constructed aerially where existing facilities are
aerial. .
(c) A permit from the city public works department shall be required.
(Ord. No. 91-90, § 3(A), 3-19-91) ~
Sec. 16-47. Same-Rebuilds, replacements and additions.
(a) A relocation necessitated by a public works project induding, but not limited to, road
realignmen~ widening or sewer and water main projects; a major rebuild; or replacement of existing
aerial facilities (three or more spans and/or 500 feet or more} shall be underground and a permit
from the city public works department shall be required; except undergrounding shall not be
required in those cases where the public works director finds that undergrounding will not be in the
best interest of the public.
(b) A minor rebuild, replacement or relocation of existing aerial facilities may be constructed
aerially. No permit shall be required.
(c) When there is casualty damage to an overhead service system or other major service
outage, the facilities may be restored aerially. No permit shall be required.
(d) An addition of three phase conductors or reconductoring which does not constitute a
major rebuilding will be allowed on existing aerial facilities. No permit shall be required.
(e) The provisions of this section shall not apply to areas when constructing single family
homes in areas zoned for single-family residences, or in other zones if 75 percent of the affected
. parcels within the perimeters of the specific project is made up of single-family residences.
(Ord. No. 91-90, § 3(8),3-19-91)
Sec. 16-48. Same-Service connections.
Service connections are facilities extending from a distribution system and terminating on
private property to serve a customer or subscriber. Service connections shall be underground,
unless the distribution system serving the customer or subscriber is aerial, and the building,
structure or facility to be served is new construction or an addition, alteration, or repair thereto is
under $20,000.00 in value.
Ordinance No. 97-307, Page 34
Sec. 22-1113. Commercial and industrial uses.
(a) Generally. Subject to the requirements of subsections (b) through (g) of this section. the
uses and activities that are permitted on a site under this chapter may be conducted out of doors
unless otherwise regulated or prohibited by this chapter.
(b) Site plan. The applicant shall submit. for approval to the department of community
development, a site plan drawn to scale showing and describing the following items:
(1)
(2)
(3)
(4)
(5)
(6)
Locations and dimensions of all structures and fences'on the subject property.
Locations and dimensions of all parking and driving areas on the subject property.
Locations and dimensions of all existing and proposed outdoor use, activity or
storage areas on the subject property.
Locations and description of all existing landscaping and buffer on the subject
property.
The nature of the outdoor use. activity or storage.
,.
The intended duration of the outdoor use, activity or storage.
(c) Specific use and development requirements. The city will administratively review and
either approve or deny any application for outdoor use. activity and storage based on the following
standards:
(1 )
(2)
(3)
(4)
(5)
AIl outdoor use, activity and storage areas must comply with required buffers for the
primary use.
A minimum six-foot-high solid screening fence or other appropriate screening
approved by the director of community development is required around the outside
edges of the area devoted to the outdoor use, activity or storage.
Outdoor use, activity or storage areas located adjoining residential zones or
permitted residential uses may not be located in the required yards adjoining the
residential use or zone.
If the outdoor storage area is surrounded on all sides by industrial zones, then the
height of the outdoor storage shall not exceed the height of the primary structure on
the subject property. In all other cases, the height of items stored outdoors shall not
exceed six feet above finished grade.
The outdoor use, activity or storage area may not inhibit safe vehicular and
pedestrian movement to, from and on the subject property.
Ordinance No. 97-307, Page 35
(d) ExceptkJns to outdoor use, aciÏvify or storage. The following outdoor uses and activities
.
when located in commercial and industrial zones. are exempt from the requirement of subsections
(b) and (c) of this section. provided that the use. activity or storage shall not inhibit safe vehicular
and pedestrian movement to, from and on the subject property:
(2)
(3)
(4)
(5)
'.-
(1 )
Outdoor Christmas tree lots if these uses will not operate more than 30 days in any
~~ .
Outdoor amusement rides. carnivals and circuses and parking lot sales which are
accessory to the indoor sale of the same goods and s'ervices if tlÍese uses will not
operate more than seyen days in any six-month period.
Outdoor dining and refreshment areas. including espresso carts.
Outdoor display of vehicles for sale or lease; provided that the display area complies
with the parking area screening from rights-of-way requirements in section 22-
1567(e).
Year round outdoor sales and storage of lawn and garden stock, which are
accessory to the indoor sale of the sale goods and service~. provided that the use
does not include outdoor play equipment, storage sheds, furniture or mech~nical
equipment. .
(e) Gross floor area. For the purpose of this chapter. an outdoor use. activity or storage area
will be used in calculating the gross floor area of a use or development if this area ~iII be used for
outdoor use, activity or storage for at least two consecutive months out of every year.
(f) Improvements. If the outdoor use. activity or storage is located on an unimproved area
of the site. the underlying ground must be improved as required by the departments of public works
and community development.
(g) Modmcafjon. The applicant may request a modification of the requirements of subsection
(c) of this section. This request will be reviewed and decided upon under process 11. The city may
approve the modification if:
(1 )
(2)
(3)
The modification will not create a greater impact on .any nearby residential use than
would be created without the modification.
The modification will not detract from the character of any use.
The modification will not be injurious to public health. safety or welfare.
(Ord. No. 90-43, § 2(115.105(3»,2-27-90; Ord. No. 96-270. § 3(C), 7-2-96)
Ordinance No. 97-307, Page 36
Sec. 22-1402. Duffer requirements.
The buffer requirements of sedjon 22 1446 may be modified if:
(1 )
The existing topography of or adjacent to the subject property dccrea3cs Of
eliminates the need for visual screening;
(2)
The modification will be of more benefit to the adjoining property by causing less
impairment of view or sunlight; or
The modification will pro't'ide 8 1'Ïsual screcn that is comparable or superior to the
buffer required by section 22 1446.
(3)
lc\ordin\nconfuse.or2
Ordinance No. 97-307, Page 37
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELPPMENT SERVICES
memo ran dum
October 11, 1999
TO:
City Council Land Use and Transportation Committee
Phil W atkins, C~
Lori Michaels~Ç(' MCP, Senior Planner
FROM:
SUBJECT:
NOTICES OF INTENTION TO PETITION FOR ANNEXATION
Jackson Annexation: City File No. ANN99-0002
Pruett Annexation: File No. ANN99-0003
Combined Proposals: "320th Street Annexation"
Introduction and Overview
On September 15, 1999, the City received a Notice of Intention to Petition for Annexation from Jerald J.
Jackson, with supplement received on October 5, 1999, (Exhibit A). The area proposed for annexation by
Mr. Jackson includes six (6) parcels ofland located north of South 320th Street, east of Interstate 5, and west
of 32nd Avenue South, adjacent to the recently annexed "Quadrant Residential North" property.
On September 30, 1999, the City received a Notice of Intention to Petition for Annexation from William
Pruett (Exhibit B), for one parcel ofland located north of the Jackson property. The south boundary of the
Pruett property is coterminous with the north boundary of the Jackson property.
Since the Jackson and Pruett annexation areas are geographically contiguous, the petitions were submitted in
the same time frame, and joint annexation of the two areas would result in logical and regular City boundaries,
the two petitions are being processed concurrently as the "320th Street Annexation. "
The Notices of Intent to Petition for Annexation constitute the 10% petition stage of the direct petition method
of annexation under state law (RCW 35A.14.l20). The City Clerk has determined that the petitions are
sufficiene in accordance with statutory requirements (Exhibit C). For City Council consideration of the
proposals, the following information is provided in this memorandum: (A) description of proposed annexation
area; (B) annexation process; (C) comprehensive plan and zoning designations; (D) annexation analysis; (E)
city council action required and staff comments; and (F) staff recommended options.
The Land Use and Transportation Committee (LUTC) will review the 10% petitions and forward a
recommendation to the full City Council. The 60% petition(s), if authorized by Council and consistent with
previous Council direction, will go directly to the full Council, unless Council requests otherwise.
1 Refer to Exhibit E for percentage of ownership breakdown of both the Jackson and Pruett proposed annexations,
as required for validation of the ten percent petition.
Land Use and TraI1sportation Committee
October 11,1999
A.
Description of Proposed Annexation Area
Prooertv descriotion
Both the Jackson and Pruett annexation areas are located in unincorporated King County, north of
South 320th Street, between 1-5 and 32nd Avenue South, if extended (Exhibit D). The west boundaries
of both areas are coterminous with existing Federal Way City Limits along the east boundary ofI-5.
The Jackson property fronts on South 320th Street, and the Pruett property abuts the north boundary
of the Jackson property.
Parcel-soecific information
The total area represented by the two petitions is 21.40 acres. The Jackson anne~ation area includes
six tax parcels2totaling 16.15 acres, and is located north of South 320th, between 1-5 and 32nd Avenue
South, if extended. The Pruett annexation area includes one tax parce¡3 totaling 5.25 acres. Following
is a breakdown of tax parcel numbers and sizes of the individual properties in the annexation area.
(Refer to Exhibit E for additional assessor's data.)
Petition
Tax Parcel Number
Size (in acres)
Jackson
092104-9139
092104-9316
092104-9206
092104-9140
092104-9160
092104-9187
9.15
0.35
0.33
2.28
1.96
.2.08
16.15 acres (Jackson)
Pruett
092104-9028
5.25 acres (Pruett)
TOTAL :
seven tax parcels
21.40 acres
Prooertv Access
Access to the Jackson property is provided from South 320th Street and 32nd Avenue South. Access
to the Pruett property is provided from South 316th Street and 32nd Avenue South. Thirty-second
A venue South is an unimproved public right-of-way and is lòcated along the entire east boundary of
both properties. Inclusion of this street in the annexation boundary is necessary for geographic
2
Assessors Parcel Numbers 092104-9139, -9316, -9187, -9140,- 9206, -9160.
3 Assessor's Parcel Number 092104-9028.
2
Land Use and Transportation Committee
October II, 1999
continuity ofth.e City limits. It is also a planned street in the City's comprehensive plan4. Therefore,
staff is recommending that this right-of-way be included in the annexation boundaries (See Sections
F and G, Staff Recommended options.)
Existing Land Uses and Natural Features
Refer to Exhibit F for approximate locations of existing building footprints, and the existing slopes
and wetland, in the proposed annexation area. Five of the seven parcels are currently utilized for
residential purposes and two are vacant. Existing residential dwellings that are known to be located
on the property include single family units, a triplex, and a mobile home. The Pruett property also
contains an existing commercial business for boarding and exercising horses ("Tall Firs Stables").
The Bonneville transmission lines and easement run diagonally through the south half of the Jackson
property, in a southwest-northeast direction.
Steep slopes and erosion hazards are located along the westerly portion of the property adjacent to 1-5.
This portion of the property also contains a very large wetland, which is 10cated along the base of the
slopes adjacent to 1-5. This wetland is currently identified as a Class 2 wetland by King County.
However, it was identified by Federal Way's recent wetland inventorY as a Class 1 wetland. The
balance of the annexation area contains gently rolling topography, with several areas containing
significant vegetation, and is not known at this time to contain environmentally sensitive areas.
Existing code violations
Outstanding code violations are an important factor in Council consideration of annexation proposals.
No code violations are known to exist on the Pruett property at this time. However, City staffhave
learned that a very large portion of the Jackson property (approximately 9 acres) was recently logged,
including sensitive wetland and slope areas, without required county and state permits. The illegal
clearing has resulted in a code enforcement investigation by King County, which is currently under
way, with enforcement action to be determined in the near term. City staff is monitoring the county's
enforcement action and will provide input to the extent possible.
B.
Annexation Process
State law provides for six different annexation methods. As with previous City annexations, the
subject petitions will utilize the direct petition method, as outlined below:
(1)
The applicant meets with City Officials and staff to discuss the annexation process and the
boundaries of the area to be annexed.
(2)
"The first petition called the Notice of Intention to Petitionfor Annexation (10% petition level)
4 Federal Way Comprehensive Plan, Transportation element.
5 Per Federal Way draft wetland inventory. dated April 1999.
3
Land Use and Transportation Committee
October 11, 1999
(4)
(5)
(6)
(7)
c.
is prepared and circulated by the applicant among all affected property owners, and the
signatures on the petition are validated and found sufficient by the City Clerk6.
(3)
The City Council holds a meeting and decides whether to accept the proposed annexation, and
if so, under what conditions. A decision to "accept" the annexation proposal does not commit
the Council to ultimately approve the annexation. It only means that the Council will allow
the proposal to proceed to the 60% petition process. This is the current ooint in the
orocess. Refer to Sections E and F. below. for Council Action ReQuired and Staff
Recommended Ootions.
If the City Council accepts the Notice of Intention, the 60% petition is prepared for the
applicant to circulate for signatures in the proposed annexation area. .
After the signatures on the 60% petition are validated, and if the City- Council wishes to
entertain the petition, a City Council public hearing on the petition is scheduled.
After the public hearing, staff submits the Notice of Intention to Annex, and other required
information, to the King County Boundary Review Board (BRB). The BRB holds a public
meeting to decide if the annexation should be approved.
The City's annexation ordinance is written to become effective upon approval by the
Boundary Review Board, with the effective date fixed in the ordinance.
Comprehensive Plan and Zoning Designations
For current King County comprehensive plan and zoning designations ofthe proposed annexation area
and abutting properties, refer to Exhibits G and H, respectively. The seven tax parcels contained in
the annexation area include a mixture of Office and Residential zoned property. The five smallest tax
parcels, located adjacent to South 320th Street, are zoned Office. The two large parcels, abutting 1-5
on the west and 32nd Avenue Southon the east, are zoned Residential R-47 (4 dwelling units per acre.)
Properties located to the north and east of the annexation area include a mixture of King County R-4
zoning to the north and northeast, and Federal Way Multifamily zoning to the southeast.
As part of the City's Year 2000 update to the Comprehensive Plan and Zoning Map, Messrs. Jackson
and Pruett have requested commercial wning for the annexation area parcels, and have indicated that they will
not submit a 60% petition unless Council approves their request for commercial zoning.
6 Under the petition method, state law requires the petitioner(s) to be the owner(s) oJ no less than ten percent in value
oj the property to be annexed.
7 R-4 zoning is comparable to a Federal Way High Density Single Family Residential zoning classification, i.e.,
9,600 square feet minimum lot size.
8 RM-3600 with development agreement limiting development density to 12 units per gross acre. As part of the
City's 2000 update, the owner of this property has requested a rezone to Office Park (OP).
4
Land Use and Transportation Committee
October 11,1999
D.
E.
Annexation Analysis
If the Council accepts the 10% petitions and authorizes circulation of the 60% petition(s), several
issues will be examined and addressed in a staff report to Council prior to final action on the 60%
petition. The staff report will include points of review such as land use and zoning, environmentally
sensitive areas, surface water drainage, transportation, and utilities.
City Council Action Required and Staff Comments
Pursuant to state law, the City Council must decide whether to accept the applicant's intention to
petition for annexation; and if so, under what conditions. Council members must act on the following
specific decision points at the Council meeting. Staff comments are provided.
v
Whether or not the City will accept, reject, or geographically modifY the annexation area
boundaries as proposecf.
As previously noted, both petitions are being reviewed together, since annexation of the Pruett
property without the Jackson property would result in irregular geographic boundaries 10 and
substandard access to the Pruett property. Should the Council accept the 10% petitions, a
minor modification of the proposed boundaries is recommended, to include 32nd Avenue
South, from 320th Street South to South 316th Street. This minor modification would provide
for contiguous and regular boundaries and inclusion of a City-planned future street.
v
Whether the City will require the simultaneous adoption of interim or initial comprehensive
plan and zoning map designation.
Pre-annexation comprehensive plan and zoning designations for the subject property will be
established as part of the City's annual update to the comprehensive plan, and prior to
submittal of any 60% annexation petition.
v
Whether the City will require the assumption of all or any portion of existing city
indebtedness by the area to be annexed.
As with previous annexations, staff recommends that annexed properties be required to
assume their proportionate share of City indebtedness. The City's total current outstanding
9 The City Council can modify boundaries at the 10% stage, which boundaries are generally binding at the 60%
petition stage. The staff report at the 60% petition stage will include the [mal boundaries of the proposed annexation,
reflecting Council direction at the 10% petition meeting and any minor adjustment resulting from verification of legal lot lines
by staff.
10 Also, it is unlikely that annexation of the Pruett property by itself at this time would meet 8RB decision criteria as
required for [mal approval.
5
Land Use and Transportation Committee
October II, 1999
bonded indebtedness is $33,110,000.11
F.
Staff Recommended Options
Resolution of the existing significant code violations on the Jackson property is an important factor
in Council consideration of the annexation. Listed below are Council options for deciding whether
or not to accept the ten percent petitions at this time, and if so, under what circumstances. Also noted
below are the keyl2 advantages and disadvantages related to each option, as identified by staff.
Dotion #1
That the Council not accept the 10% petitions at this time, and entertain future 10% petitions
only with verification that all code violations have been resolved.
Advantages:
Suspends the annexation process until full resolution of the existing
significant code violations and submittal of another 10% petition.
Encourages the applicant to address the outstanding violations promptly so
in order to submit another 10% petition. Absence of any pending
annexation action for the property may also reinforce the county's
enforcement responsibility and a timely response to the code violations.
Disadvantages: Requires the City to review of a future 10% petition for the same proposal.
Delays the Pruett petition indefinitely, pending resolution of code violations
on the adjacent property. Reinforcement of the county's role in the code
violations may decrease the City's influence over the method and timing of
the enforcement action.
Comment:
It should also be noted that the comprehensive plan and zoning requests
submitted by the applicants for the Year 2000 Update would be deleted from
the current docket. However, the applicants would be eligible to submit any
such request for the Year 2001.
Do/ion #2
That the Council accept the 10% petition and authorize circulation of the 60% petition,
provided that the 60% petition will be processed only with prior written documentation from
King County, determined sufficient by the City, that any and all code violations, for any parcel
within the annexation area, have been fully resolved, pursuant to all applicable codes and
regulations.
11 Projected to 12/31/99 (per City fmance division).
12 This summary of pros and cons is provided by staff as a decision making tool and not a comprehensive analysis.
Also, it does not address the pros and cons from the applicants' perspectives.
6
Land Use and Transportation Committee
October 11, 1999
Advantages:
Ensures that the code violations are resolved before Council will consider a
formal annexation petition. Eliminates the necessity for the City review of
another 10% petition for the property (unless the proposal changes, requiring
another petition). Constitutes a pending annexation, which may increase the
City's influence over the code enforcement action.
Disadvantages: Commitment of additional staff time and resources to the county's code
enforcement action. May require an interlocal agreement to ensure timely
and joint review and decision making.
In the event that the City Council accepts the 10% petitions, with conditions listed above,
or as otherwise directed by Council, staff recommends the following:
(1)
That the proposed annexation boundaries be modified to include 32nd
Avenue South in its entirety, from South 320th Street to the south
boundary of South 316th Street. (see ExhibitI, recommended annexation
boundary).
(2)
That the City Council require assumption of the property's
proportionate share of the City's outstanding bonded indebtedness.
Attached Exhibits
A Notice of Intention to Petition for Annexation and supplement (Jackson)
B Notice of Intention to Petition for Annexation (pruett)
C City Clerk certification of petitions
D Annexation Area and Vicinity Map
E Assessor's parcel data
F Existing Structures and Natural Features
G Comprehensive Plan Map
H Zoning Map
I Annexation Boundary recommended by staff
7
(
\
(
CITY OF ..
..~ ED~
.~~~
NOTICE OF INTENTION TO COMMENCE
ANNEXATION PROCEEDINGS
To:
HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY
33530 FIRST WAY SOUTH
FEDERAL WAY, WASHINGTON 98003
Mayor and Council Members:
The undersigned, who are the owners of not less than ten percent (10%) in value., according to the
assessed valuation for general taxation of property for which annexation is so,:!ght, hereby advise the
. City Council of the City of Federal Way that it is the desire of the undersigned residents of the following
area to commence annexation proceedings:
(
The property referred to herein is outlined on the map which is marked Exhibit "A" and is described
in Exhibit "B" attached hereto.
It is requested that the City Council of the City of Federal Way set a date of not later than sixty (60)
days after the filing of this request for a meeting with the undersigned to determine:
3)
Whether the City Council will accept the proposed annexation;
Whether the City will require the assumption of existing city indebtedness by the area to be
annexed; and
Whether the City Council will accept the proposed annexation on the condition that the area
proposed for annexation be zoned prior to the annexation of the proposed area.
1)
2)
This page is one of the group of pages containing identical text material and is intended by the
signers of this Notice oflntention to be presented and considered as one Notice oflntention and may be
filed with other pages containing additional signatures which cumulatively may be considered as a single
Notice of Intention.
A TURE PRINTED NAME ADDRESS
All-American Homes, Inc.
/L-----------;]erald J. Jackson, Pres.
DATE SIGNED
622 S. 320th
Federal Way, WA
9 14 99
98003
..,
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All-American Homes, Inc.
Annexation Request
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Exhibit B
All-American Homes, Inc.
Annexation Request
Lot Property Address Tax Account No. Property Owner Owners Address
A 3010 S. 320th 092104-9139-07 All-American Homes, Inc. 622 S. 320th, Federal Way, WA 98003
.
B 3001 S. 320th 092104-9316-02 All-American Homes, Inc. 622 S. 320th, Federal Way, WA 98003
~-
C 3028 S. 320th 0921 04-9187-08 Larry Weigel 3014 S. 320th, Federal Way, WA 98003
D 3112 S. 320th 0921 04-9140-04 Donald J. Henderson 3112 S. 320th, Federal Way, WA 98003
E 3114 S. 320th 092104-9206-05 Arthur Henderson 34212Mountain Hwy E, Eatonville, WA 98328
F 3126 S. 32Oth 092104-9160-09 Patty Murphy 3126 S. 320th, Federal Way, WA 98003
'--....-
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Exhibit B - continued
All-American Homes, Inc.
Annexation Request
Legal Descriptions:
A
THAT PORTION OF THE SOUTH THREE-QUARTERS OF THE SOUTHE-ò..ST QUARTEK
OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE EASTERLY
MARGIN OF PRIMARY STATE HIGHWAY NO.1 AS CONDEMNED BY JUDGMENT AND
DECREE OF APPROPRIATION ENTERED AUGUST 21, 1959 UNDER KING COUNTY
SUPERIOR COURT CAUSE NO. 535119;
EXCEPT THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9;
AND EXCEPT THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9;
EXCEPT ROADS.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
B THE WEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTEK OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY.
WASHINGTON, LYING NORTHERLY AND EASTERLY OF THE NORTH AND E.~ST
MARGINS OF PRIMARY STATE HIGHWAY NO.1 AS CONDEMNED BY JUDGMENT AND
DECREE OF APPROPRIATION ENTERED AUGUST 21,1959 UNDER KING COUNTY
SUPERIOR COURT CAUSE NO. 535119;
EXCEPT THE SOUTH 50 FEET THEREOF FOR COUNTY ROAD,
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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, EXHIBcr-
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Exhibi t B - continued
All-American Homes, Inc.
Annexation Request
Legal Descriptions:
(
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092104 paR OF E 1/2 OF E 1/2 OF SE 1/4 OF SE 1/4 -
OF SE 1/4 N OF ST HWY LESS C/M
E"'7IUJn¡¡:pr~ A
PAGE~OFt
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IïiìMiíIiI
ALL -AMERICAN
ASSOCIATES
jHJ¡uq1~ ()ÒOV
Rec~~\t¡;:::L)
622 SOUTH 320TH
FEDERAL WAY, WA 98003
BUS. (253) 946-4000 .
FAX (253) 839-0326'
October 5, 1999
0\'.111 f(\ggg
OF FEDERAL V'JAY
C\~UILDING DEPT.
Lori Michaelson
City of Federal Way
RE:
Supplement to Annexation Application (All-American Homes,- Inc.)
Dear Ms. Michaelson:
All-American Homes, Inc. has petitioned the City of Federal Way for annexation
together with a revision of the Comprehensive Plan amending the affected properties
from their current zoning designation to a Commercial zoning. The combined property in
the application totals approximately 15 acres. These are properties between 1-5 and 32nd
Ave. S. should 32nd be extended north from S. 320th to approximately 317th. The
annexation of these properties would conclude a contiguous connection of the Federal
Way city limits that are both east and west of the subject property.
This highly visible, easily accessible property is a natural for commercial retail
usage. A zoning adjustment would have been done long ago except for the absence of
financially feasible sewage availability. The sewer system has become affordable thanks
to the development in progress of the property easterly of the subject property by .
Weyerhaeuser/Quadrant. The quality improvements to South 320th with sidewalk and
plantings on the south side of S. 320th encourages that our subject property be developed
as an additional favorable first impression to those entering our fine city. The high traffic
count and high visibility are plus factors for commercial retail. The intense noise is a
detractor for any other usage.
The Bonneville Power lines easement can be used as a contributing benefit for
parking and beautification as commercial but will continue to be a negative when
considered for any kind of residential usage. All of the property owners within this
annexation boundary are supportive ",ith the possible exception of Patty Murphy who is
fearful that annexation and zoning changes could increase her property tax. This is, of
course, a valid concern and is a substantial part ofthe reason that A...I.l.-Am. eriean Homes'A
E~l7ri~B~lI
Each om" Is Independenlly Owned And 0"""", P AGE ~ 0 F ...I
Page 2 0£2
Lori Michaelson
City of Federal Way
Inc. and the other property owners would want to decline annexation were we not to be
able to successfully achieve the zoning amendment for which we've made a simultaneous
request. The amount of acreage measured against the minimal number of existing
residential dwellings is evidence that the properties are being underutilized. With the
increased desirability of this acreage for development, the property owners will be able to
afford relocation to property that is less growthldevelopment intensive and is more
similar to what this property was 25 years previous. Having salable property at an
advantageous price would make all concerned happy, including Patty Murphy, I'm sure.
The property immediately north and contiguous to the property in this petition has
also petitioned for rezone and annexation. Said property has been used as commercial
property with licensed stables and boarding for horses. There is a large training arena on
the property and a substantial business is in practice. It would seem that the owner's
request for annexation and rezone to Business Commercial usage within the City of
Federal Way will be granted. This long practice as a business has had no neighborhood
resistance and seemingly has had no negative impact on the neighborhood. It appears
that the combined neighborhood consensus is that property abutting Interstate Highway 5
has no reasonable usage except for commercial purposes. Certainly, the property for
which we petitioned rezone and annexation would serve for no other viable use.
I want to make it very clear on behalf of All-American Homes, Inc. and the other
petitioning property owners that while we would appreciate being welcomed into the City
of Federal Way we would only wish to accept the annexation under the condition that the
Comprehensive Plan Amendment be accepted by the city simultaneous to our annexation.
Sincerely,
P.S. I've also attached copies of title reports on the properties owned by All-American
Homes, Inc. There have been no changes to ownership since these reports were issued on
June 1, 1999.
(1.: kL'A'I'-~.<.-i ¿¿,¡-<IL. /!JL.lI.j.cí
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EXHIBI¡~
PAGE~OF ---
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(;ITY OF II'
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.
NOTICE OF INTENTION TO COMMENCE~&~~~J~T~lpARTMEm
ANNEXATION PROCEEDINGSCOMMUN\í'<
SEP :3 ij 1999}
To:,
HONORAEÙ;E MA YOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY
33530 FIRST WAY SOUTH
FEDERAL WAY, WASHINGTON 98003
Mayor and Council Members:
The undersigned, who are the owners of not less than ten percent (10%) in value, according to the
assessed valuation for general taxation of property for which annexation is sought, hereby advise the
City Council of the City of Federal Way that it is the desire of the undersigned ¡;esidents of the following
area to commence annexation proceedings:
The property referred to herein is outlined on the map which is marked Exhibit "A" and is described
in Exhibit "B" attached hereto.
. It is requested that the City Council of the City of Federal Way set a date of not later than sixty (60)
days after the filing of this request for a meeting with the undersigned to determine:
3)
Whether the City Council will accept the proposed annexation;
Whether the City will require the assumption of existing city indebtedness by the area to be
annexed; and
Whether the City Council will accept the proposed annexation on the condition that the area
proposed for annexation be zoned prior to the annexation of the proposed area.
1)
2)
This page is one of the group of pages containing identical text material and is intended by the
signers of this Notice ofIntention to be presented and considered as one Notice ofIntention and may be
filed with other pages containing additional signatures which cumulatively may be considered as a single
Notice ofIntention.
OWNER'S SIGNATURE PRINTED NAME
1. WJ'~ ~lliampruett
ADDRESS
31625- 32nd Ave. S.
Auburn, WA 98001
2.
8
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SUPPORT FOR ANNEXA TION/
COMPREHENSIVE PLAN AMENDMENT
(RE: Pruett Property)
It's my strong feeling that annexation to the city of Federal Way
should assure that I can continue the business operation I'm enjoying within
King County. My property abuts to the 1-5 freeway and is negatively
impacted by noi~e. It's obvious this 5+ acre property should not be in the
Master Use Plan for residential. My neighbors to the north wouldn't expect
otherwise. The property to the south is obviously commercial property.
There is a road to my east as a natural boundary and divider (32nd Ave. S.).
It's inevitable that 32nd Ave. S. will become a through street fro-m the
location where 32nd dead-ends to the traffic light now being installed at S.
320lh and 32nd Ave. S. I would wish to now formalize with the city my
current business of boarding and exercising horses here at Tall Firs Stables.
This would be achieved by Business Commercial zoning.
EXHIBIT ~ -J-
PAGE~OF
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EXHIBIT B
PROPERTY INFORMATION
Property: 31625 32ND AVE 5, AUBURN WA 98001-3102 C015
092104-9028-01 Levy Code: 3490
KING, WA Prop Tax: $4,947.64
299.00 Tax Yr: 1998 Delinq:
745-D4 Exemptions:
04-21-09-SE Neighborhood: 026012
KING COUNTY School Dist: 210
County:
Census:
Map Page:
R-T-S-Q:
Jurisdiction:
Subdivision:
Owner:
PRUETT WILLIAM V JR
PATTI A
31625 32ND AVE S; AUBURN WA 98001-3102 C015
Mail:
Use: SFR
Total Value: $347,000
Land Value: $97,000
ImplY Value: $250,000
Taxable: $347,000
Assd Yr: 1998
% Improve: 72%
Phone:
SALES INFORMATION
LAST SALE
01/17/1996 01/12/1996
FULL
PRIOR SALE
01/17/1996 01/12/1996
FULL
Record/Sale Date:
Sale Price/Type:
Document #:
Deed Type:
Excise #:
9601170016
QUIT CLAIM DEED
9601170016
QUIT CLAIM DEED
1 st Mtg $/Type:
Rate/Type/Term:
1 st Mtg Name:
2nd Mtg $/Type:
Title Company:
Sale Comments:
Seller:
#Parcels/Last Sale:
PRUETT WILLIAM V JR
1
Nominal Info = Date:
Doc#:
Type:
SITE INFORMATION
Zoning: SR
County Use: 101
Improve Type:
Legal Plat BkPg:
Legal Blk/Bldg:
Lot Size:
Lot Area:
Park Type:
Park #/SF:
View Type:
A5.26
229,126 ( '5.2-'-)¿:.)
BASEMENT
330
Legal Lot/Unit: View Quality:
Land Rights: # Bldgs:
Legal: lOT 092104 elK 28 POR OF N 1/2 OF N 1/2 OF SE 1/4 OF SE 1/4
l Y El Y OF ST HWY lESS CO RD lESS CIM RGTS
IMPROVEMENTS
Gross Bldg Area: 4,130
Bldg/living Area: 2,710
Above Grade: 1,930
Basement Area: 1,110
Basement Type: DAYLIGHT
$/SF:
Yrblt/Eff:
Total Rooms:
Bedrms:
Baths (Full/Half):
Ttl Baths/Fixt:
# Stories:
# Units:
Fireplace:
Pool:
Porch:
Construct:
Foundation:
Ext Wall:
Frame:
Roof Type:
Roof Mati:
Heat Fuel:
Heat Type:
Electric:
Bldç¡ Desc
1ST FlR
BSMT FIN
1987
7
3
2
3
1
1
1
1
GAS
FORCED AIR
Size
1930
780
Comments: CNTY USE: SINGLE FAMilY RES; OTHER ROOMS: 02; HOUSE CONDITION: AVERAGE; HOUS
VERY GOOD; EXH I BIT.
PAGE
@ 1996 Win2Data 2000
CERTIFICATION OF PETITIONS FOR ANNEXATION
I, N. Christine Green, City Clerk of the City of Federal Way, Washington, do hereby certify that
on September 22, 1999, I received a ten (10%) percent Notice of Intention to Commence
Annexation Proceedings, and attachments thereto, from Jerald J. Jackson, President of AIl-
American Homes, Inc., which documents are attached hereto as "Exhibit 1 ". Then on October 5,
1999, I received a second ten (10%) percent Notice ofIntention to Commence Annexation
Proceedings, and attachments thereto, from William Pruett, which documents are attached hereto
as "Exhibit 2". The combined two proposed annexation areas are known as the "320th Street
Annexation" for city identification and reference purposes, for which I then proceeded to make a
detennination on the signatures submitted thereon.
The combined values are not less than ten (10%) percent of the value of the properties in the
proposed annexation area as a whole, according to the assessed valuation for general taxation of
the properties for which annexation is sought.
The signatures submitted on the Notice of Intention to Commence Annexation Proceedings
represents a combined assessed valuation of $724,000.00, which constitutes 51.39% of the total
Jackson area and 100% of the total Pruett area, both of which exceeds the required ten (10%)
percent valuation. Attached hereto as "Exhibit 3" is a copy of the city's validation of parcel
ownership and the vicinity map identifying the proposed annexation area.
In accordance with verbal information received from the Department of Assessments, the city will
not submit annexation documentation to King County until receipt of the sixty (60%) percent
petition.
~NED and SEAL. ED this 11th day of October, 1999.
) ;; ( r ' ¿.~
I
N. hristine Green, CMC
City Clerk
City of Federal Way, Washington
Note: Staffreport Exhibit A, B, and C, ar~ the same as Exhibits 1, 2, and 3 referenced in the City's
Clerk's memo above. Therefore, for purposes of the staff report, they are exhibited to the staff report,
and not the City Clerk's memo. The Federal Way City Clerk has complete copies of the memo and"
exhibits on file. . EXHIBIT ~
. PAGEJLOF-r-
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1560000
S. 320th St.
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Total Area Proposed For Annexation
Jackson Petition: 16.15 Acres
Pruett Petition: 5.25 Acres
Total Area: 21.4 Acres
320th Street
Proposed
Annexation
(STR:SEO921 04)
To the City of
Federal Way
Annexation Area
Map
Legend:
...
Federal Way City Limits
..n.
Proposed Annexation
Area Boundary
Jackson Petition
EZJ
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Pruett Petition
City of Federal Way
Vicinity Map
Scale: 1 to 5400
1 Inch equals .450 Feet
0 500 Feet
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Assessor's Data
Parcels for Proposed Annexation
October 1999
Jackson Petition
Assessor's Owner
Parcel Number
Mailing Address
Street
Ci!y/Zip
Situs Address
Street
City/Zip
Valuation
Land Building Total
Area
(Acres)
0921049140
Henderson Donald J 3112 S 320Th St
Federal Way Wa 98003 3112 S 320Th St Federal Way Wa 98003
55000
40000
95000
2.28
0921049160
Murphy Patty B
3126 S 320Th St
Federal Way Wa 98003 3126 S 320Th St Federal Way Wa 98003
40000
52000
92000
1.96
0921049187
Weigel Larry B
3014 S 320ThSt
Federal Way Wa 98003 3014 S 320Th St Federal Way Wa 98003
35000
79400
114400
2.08
Total
671400
16.15
All American Homes (Jackson) Total
Percentage of total petition (Jackson)
345000
51.39%
9.5
58.82%
Pruett Petition
5.25
Percentage of total petition (Pruett)
100%
100%
:-em
Not))li~hted records signed for certification of ten percent petition.
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Proposed
Annexation
To the City of
Federal Way
Existing Structures
and Natural Features-
Proposed Annexation
Area
Legend:
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Federal Way City Limits
Annexation Area Boundary
II...
5 foot contours
25 foot contours
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Building Footprints
Wetlands'
Lakes'
. Note:
Wetlands Source. 1999 Wetland Inventory
Lakes Source. 1992 Aerial Photography
Scale: 1 to 3000 6
1 Inch equals 250 Feet N
0 500 Feet
Map Printed: October 1999
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320th Street
Proposed
Annexation
To the City of
Federal Way
Existing
Comprehensive
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Legend:
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Proposed Annexation
Area Boundary
.....
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Plan Designation Boundary
Jackson Petition
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City of Federal Way
Scale: 1 to 5400
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Proposed
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Existing Zoning
Map
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Proposed Annexation
Area Boundary
Zoning Boundary
Jackson Petition
Pruett Petition
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Proposed
Annexation
(STR:SEO921 04)
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Federal Way
Annexation
Boundary as
Recommended
by Staff
Legend:
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Existing
Annexation Area Boundary.
Recommended
Jackson Petition
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City of Federal Way
Scale: 1 to 5400
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Memorandum
TO:
Land Use and Transportation Committee
Kathy McClung, Deputy CDS Director \)'.À.
Ken Miller, Deputy Public Works Director ~
FROM:
DATE:
October 11, 1999
RE:
Signs within planned right of way construction areas
A few weeks ago, we raised an issue concerning sign enforcement within the construction areas on
320th and Pacific Highway and how using our standard procedures could result in the city purchasing
newly replaced signs when the negotiations for land occur. Since that time, we have met to discuss
strategies. The staff recommendation would be to offer two alternatives to business/property owners
within the construction area:
Option # 1- The sign owner can keep the sign displayed until the construction occurs which
will be approximately summer of2000 on S. 320th and summer of2001 on Pacific Highway. The
City will not pay any demolition costs and a compliance agreement will be required.
Option #2- The sign owner replaces the existing non-conforming sign with a conforming
sign, placing the new sign behind the new right of way line. In this case the city would pay 25% of
the cost of replacing the sign and removing the old one up to $2000. This money would be in
addition to any money they would qualify for under the existing sign incentive program. These funds
would be City money in the projects budgeted as a part of construction.
The improvements for Pacific Highway South and S. 320th Street intersection are in the final design
stage and rightofway acquisition has begun. Construction will likely start summer of2000. There
are an estimated 30 freestanding signs within the Pacific Highway South phase I improvement from
S 312th St. to S 324th St. Roadway design is approximately 30% complete and construction is
anticipated to start in Summer 2001. Either one of these alternatives selected by the sign owners
would ultimately reduce the construction costs.
If the sign owner does not choose either of these options and does not remove their sign by the sign
conformance date (2/28/2000), the staff will enforce the code using standard procedures. This may
result in the owner eventually removing the sign and replacing it with a conforming sign that the city
will have to pay to move again prior to construction.
Council Action Needed:
1. Approval of the plan in concept which would result in a delay of sign code conformance
of up to 18 months depending on the sign location and its relationship to the above two Capital
Improvement projects.
2. Authorize the expenditure of funds from So. 320th/SR99 and Pacific Hwy South phase
I (312th to 324th) Capital Improvement projects in order to facilitate construction of the road and
conformance under the sign regulations..
..
Memorandum
TO:
Land Use and Transportation Committee
Kathy McClung, Deputy CDS Director ~
Ken Miller, Deputy Public Works Director ~
FROM:
DATE:
October 11, 1999
RE:
Signs within planned right of way construction areas
A few weeks ago, we raised an issue concerning sign enforcement within the construction areas on
320th and Pacific Highway and how using our standard procedures could result in the city purchasing
newly replaced signs when the negotiations for land occur. Since that time, we have met to discuss
strategies. The staff recommendation would be to offer two alternatives to business/property owners
within the construction area:
Option # 1- The sign owner can keep the sign displayed until the construction occurs which
will be approximately summer of2000 on S. 320th and summer of2001 on Pacific Highway. The
City will not pay any demolition costs and a compliance agreement will be required.
Option #2- The sign owner replaces the existing non-conforming sign with a conforming
sign, placing the new sign behind the new right of way line. In this case the city would pay 25% of
the cost of replacing the sign and removing the old one up to $2000. This money would be in
addition to any money they would qualify for under the existing sign incentive program. These funds
would be City money in the projects budgeted as a part of construction.
The improvements for Pacific Highway South and S. 320th Street intersection are in the final design
stage and right of way acquisition has begun. Construction will likely start summer of2000. There
are an estimated 30 freestanding signs within the Pacific Highway South phase 1 improvement from
S 312th St. to S 324th St. Roadway design is approximately 30% complete and construction is
anticipated to start in Summer 2001. Either one of these alternatives selected by the sign owners
would ultimately reduce the construction costs.
If the sign owner does not choose either of these options and does not remove their sign by the sign
conformance date (2/28/2000), the staff will enforce the code using standard procedures. This may
result in the owner eventually removing the sign and replacing it with a conforming sign that the city
will have to pay to move again prior to construction.
Council Action Needed:
1. Approval of the plan in concept which would result in a delay of sign code conformance
of up to 18 months depending on the sign location and its relationship to the above two Capital
Improvement projects.
2. Authorize the expenditure of funds from So. 320th/SR99 and Pacific Hwy South phase
1 (312th to 324th) Capital Improvement projects in order to facilitate construction of the road and
confonnance under the sign regulations..
CITY OF -
.. EI:J~
~~ FlY"
DATE:
October 11, 1999
TO:
FROM:
Phil Watkins, Chair
Land UselTransportation Committee
Jeff Pratt, Surface Water Manager~~
English Creek Project- Final Project Acceptance
SUBJECT:
Background:
The referenced project has been completed and the contractor is now requesting release of the
retainage associated with the project. Prior to release of retainage on a Public Works project, the
City Council must accept the work as complete to meet State Department of Revenue and State
Department of Labor and Industries requirements.
Attached please find the September 30, 1998 memo to the Land UselTransportation Committee
titled English Creek Maintenance Contract- Authority to Award Bid. This memo was presented to
the committee as part of a request for permission to award the referenced project. The low project
construction bid was $24,800.00 submitted by Summit Tree Service. As part of the request to
award the construction contract a ten percent contingency in the amount of $ 2,480.00 was
approved for the project.
Project Balance Calculation:
Approved Project Budget
Bid $24,800.00
Contingency $ 2,480.00
Total: $27,280.00
Total Project Cost
$26,932.80
Project Balance
$347.20
Recommendation:
Staff recommends that the following item be placed on the November 2, 1999 Council Consent
Agenda for approval:
1.
Final acceptance of the completed English Creek Maintenance Project, constructed by
Summit Tree Service.
K:\LUTC\1999\engcrk.fnl
(
CITY OF ..
_8: ED~
~~~
Date:
September 30, 1998
To:
Phil Watkins, Chair
Land Use and Transportation Committee
From:
Jeff Pratt, Surface Water Division Manager
Public Works Department
Subject:
English Creek Maintenance Contract Award
Background:
Staff recently received bids on the referenced project and seeks Council's authority to award the
bid for services to the lowest responsive and responsible bidder - Summit Tree Service. A copy
of the bid tabulation is attached for your consideration.
English Creek is actually an unnamed drainage which conveys surface water flows to Panther
Lake. SWM informally named the tributary English Creek because much of the water in the creek
originates in wetlands which abut the English Garden Subdivision and because we needed a name
for this project. By and large this Panther Lake tributary parallels Campus Drive at an offset of
about 100 yards. It is open and visible behind the Aquatic Center, through the many apartment
complexes along Campus Drive and from the rear of the English Garden subdivision in the
English Garden park.
The bid is for work which consists of removal and disposal of vegetation, noxious weeds, and
debris and restoration of any disturbed areas. The bids were obtained from bidders qualified to
do this type of work who are on the City's Small Works Roster. The work will be accomplished
in October and will likely take two weeks to complete. As the cost of the work is in excess of
$20,000.00, staff seeks authorization to award the contract and further requests that a 10% project
contingency in the amount of $2,480.00 be authorized for this work.
Recommendation:
Staff recommends that the Committee authorize award of the contract to the lowest responsive
responsible bidder, Summit Tree Service, in the amount of$24,800.00 and approve a 10% project
contingency in the amount of $2,480.00. Staff further requests that this item be placed on the
October 6, 1998 Council Business Agenda for their consideration.
IP:kcm
Attachments
H:\LUTC\1998\ENGCRK98.MMO