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Council PKT 11-02-1999 Study Sesson/RegularAGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall. November 2, 1999 (www. ci.federal-way, wa. us) STUDY SESSION - 6:00 p.m. CALL MEETING TO ORDER 1999-2000 BIENNIAL BUDGET PRELIMINARY ADJUSTMENTS ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDI~R PLEDGE OF ALLEGIANCE IV. ao PRESENTATIONS SPIRIT Award/Month of November City Manager/Introduction of New City Employees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE O) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. over please... V. CONSENT AGENDA VI. VII. (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmemberfor separate discussion and subsequent motion.) ao ae Minutes/October 19. 1999 Regular Meeting Voucher/November 2. 1999 Monthly Financial Report/Month of September 1999 320th Street Annexation/Notice of Intention to Petition for Ann~xafi0n BPA Trail Phase llI Design Diversity_ Commission Vacancy Appointment Sign Program Within 320~/Pacific Hwy_ Construction Area Council Bill/~231/Trials & C°m_t>etition/Park Regulations Code Amendment/ Enactment Ordinance English Creek Project/Final Project Acceptance PUBLIC HEARINGS Ap_r~al Hearing/Bathhouse License Denial/lohnston Preliminary_ Hearing/1999-2000 Biennial Budget Adjustments & Property Tax Rate INTRODUCTION ORDINANCES Council Bill//e232/Property Tax Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2000. Council Bill/~233/SWM-Dept of Ecology Comprehensive Stormwater Program Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REPEALING CHAPTER 21 OF THE FEDERAL WAY CITY CODE AND ADOPTING NEW SURFACE AND STORM WATER MANAGEMENT, OPERATION AND MAINTENANCE, AND WATER QUALITY CODES AS CHAPTER 21 OF THE FEDERAL WAY CODE. CITY COUNCIL REPORTS IX. CITY MANAGER REPORT ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOTLISTED ON THE AGENDA ** MEETING DATE: November 2, 1999 ITEM# (' CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A ExpenditureAmt: SN/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of the October 19, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATIOi~Approve Official Minutes. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 DI AFT FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall October 19, 1999 MINUTES CALL MEETING TO ORDER Mayor Gintz called the meeting to order at 7:05 PM in the Council Chambers, City Hall. Council Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar and Watkins. Staff Present: City Manager David Moseley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, Assistant to the City Manager Derek Matheson, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. III. PRESENTATIONS Proclamation/National Crime Prevention Month Councilmember Dovey presented a proclamation to Deputy Chief Wilson and Police Officer Bob Schubert proclaiming October as National Crime Prevention Month. bo Lodging Tax Advisory Committee/Introductions & Certificates Councilmember Gates presented certificates to the newest members of the Lodging Tax Advisory Committee: Thomas Inman, David DeGroot and Alison Corrigan. City Manager/Introduction of New City Employees No new employees to introduce. do City Manager/Emerging Issues City Manager David Moseley introduced Katfunori Bun Bai, from our sister city Hachinohe, Japan. Mr. Bun Bai works with the developmentally disabled and is visiting the US to see how we work with the developmentally disabled. Mr. Bun Bai is working with Debbie Hoffman from the Community Pathways Program. City Council Regular Meeting October 19, 1999 - Page 2 IV. CITIZEN COMMENT Roy Parke - spoke regarding the October 5, 1999 council meeting and the ordinance that condemned his property. Mr. Parke stated there have been no negotiations between him and the City and there is no reason to condemn his property. Bernard Mottershead - spoke in support of Mr. Parke and asked the Council why they are condemning one citizens property to benefit another. Charles Connon - spoke in support of Mr. Parke - asked Council for an arbitration to hear both sides of the story. Randy Neighbors - spoke in support of Mr. Parke - stated it is not fair to take one private citizens property to benefit another. Mayor Gintz addressed citizens comments regarding the Parke Property Condemnation. Mayor Gintz stated the citizens of Federal Way are paying fair market value for the property and the ordinance passed by Council at the last meeting did not condemn the property, it approved the proceedings to go to court. Mayor Gintz stated there is a statute that says government can take private property for the public good and this matter is for the public good and Mr. Parke will be paid for the property. Roy Parke stated there have been no negotiations regarding the taking of his property. Allan Smith - spoke in support of Item VII b - Trials and Competitions Ordinance and thanked the Parks Department. Steve O'Neill - Police Guild President - supports the Twin Lakes Homeowners Association Security Agreement. David Larson - opposed to the Twin Lakes Homeowners Association Security Agreement stating it sets a bad precedent. Peter Townsend - asked for the Sensitive Areas Ordinance to go back to the Land Use/Transportation Committee for further review and study. Sue Burgemeister - stated she has specific concerns regarding the Sensitive Areas Ordinance and asked that it be remanded back to the Land Use/Transportation Committee for further review and study. Carrie Murayama - Director of Programs for the Federal Way Chamber, asked Council to delay the vote on the Sensitive Areas Ordinance. City Council Regular Meeting October 19, 1999 - Page 3 Robert Scholes - ESM Consulting Engineers - asked that the Sensitive Areas Ordinance be sent back to LUTC. Mr. Scholes stated there is a problem with the size of the buffers the ordinance would allow. Rob Ruben - asked Council to send the Sensitive Areas Ordinance back to LUTC for further review. Bill Shiels - asked Council to send the Sensitive Areas Ordinance back to LUTC for further review and study. CONSENT AGENDA ao Minutes/October 5, 1999 Regular Meeting - Approved State of WA Judicial Information System (JIS) Equipment Interlocal - Approved Federal Way Entry Signs - Approved Skate Park Project - Postponed to the November 16, 1999 Council Meeting DEPUTY MAYOR PARK MOVED APPROVAL OF THE CONSENT AGENDA. COUNCILMEMBER WATKINS SECOND. Councilmember Dovey pulled Consent Item (d) - Skate Park Project. The motion to approve Consent Items (a), (b), and (c) carded unanimously as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Item d Skate Park Project - COUNCILMEMBER DOVEY MOVED POSTPONEMENT OF THIS ITEM UNTIL NOVEMBER 16, 1999 REGULAR CITY COUNCIL MEETING, AFTER THE BUDGET DISCUSSION. COUNCILMEMBER GATES SECOND. The motion carried unanimously as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes City Council Regular Meeting October 19, 1999 - Page 4 Vie CITY COUNCII~ BUSINESS a. Council Rules of Procedure Amendments MOTION BY COUNCILM~MBER WATKINS TO DEI~Y UNTIL THE NOVEMBER 16, 1999 CITY COUNCIL MEETING AS HE WAS OUT OF TOWN AND HAD NOT HAD THE CHANCE TO REVIEW. cOUNCH~MEMBER KOCHMAR SECOND. The motion carried unanimously as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watldns yes b. Twin Lakes Homeowners Association Security Agreement Public Safety Deputy Director Tom Chaney gave a brief presentation regarding the security agreement and presented the three options before the City Council. Following Council comments the following motions were made: COUNCILMEMBER DOVEY MOVED APPROVAL OF THE SECURITY AGREF_xMENT AS PRESENTED. DEPUTY MAYOR PARK SECOND. The motion failed 5-2 as follows: Burbidge no · Dovey yes Gates no Gintz no Kochmar no Park yes Watkins no MAYOR GINTZ MOVED APPROVAL OF OPTION 2 - TO APPROVE IN CONCEPT THE PROVISION OF THREE CONTRACT OFFICERS TO THE TWIN LAKES HOMEOWNERS ASSOCIATION, SUBJECT TO COUNCIL AUTHORIZATION OF THREE ADDmONAL FrE's DURING THE MID-BIENNIAL BUDGET ADJUSTMENT PROCESS; DIRECT THE CITY MANAGER TO REOPEN NEGOTIATIONS WITH THE ASSOCIATION FOR THE PURPOSE OF ADDRESSING COUNCIL CONCERNS WITH THE TERMINATION PROVISIONS OF THE AGREEMENT; AND DIRECT THAT THE AGREEMENT BE BROUGHT BACK TO COUNCIL FOR FINAL APPROVAL. DEPUTY MAYOR PARK SECOND. The motion failed 4-3 as follows: Burbidge no Dovey yes Gates no Gintz yes Kochmar no Park yes Watkins no City Council Regular Meeting October 19, 1999 - Page 5 c. School District Security Interlocal Agreement COUNCILMEMBER DOVEY MOVED ADOPTION OF THE SCHOOL DISTRICT SECURITY INTERLOCAL AGREEMI*~NT. COUNC MBER KOCHMAR SECOND. The motion carded unanimously as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watldns yes VII. INTRODUCTION ORDINANCES a. Council Bill #230/Sensitive Areas Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 22-1 AND AMENDING AND ADDING NEW SECTIONS TO ARTICLE XIV OF CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, REGARDING ENVIRONMENTALLY SENSITIVE AREAS. COUNCIl.MEMBER WATKINS MOVED FROM FIRST TO SECOND READING AND MOVED THE ORDINANCE TO THE NOVEMBER 16, 1999 CITY COUNCIL MEETING. COUNC1LMEMBER GATES SECOND. The motion carded unanimously as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Discussion included the possibility of a special workshop to allow for additional public comment prior to the November 16a Council Meeting. b. Council Bill #231/Trials & Competition/Park Regulations Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE m OF CHAPTER 11 OF THE FEDERAL WAY crrY CODE TO PROVIDE THE DIRECTOR THE DISCRETION AND AUTHORITY TO ALLOW TRIALS AND COMPETITIONS. COUNCILMEMBER DOVEY MOVED TO A SECOND READING/ENACTMENT AT THE NOVEMBER 2, 1999 CITY COUNCIL MEETING. COUNCILMEMBER KOCHMAR SECOND. City Council Regular Meeting October 19, 1999 - Page 6 The motion carded unanimously as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VIII. CITY COUNCIL REPORTS Councilmember Dovey reported the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for October 25, 1999 at noon. Councilmember Watkins reported the next meeting of the Land Use/Transportation Committee is scheduled for November 4, 1999 at 5:30 PM. Councilmember Burbidge reported she attended a Suburban Cities Association Transportation Board meeting this morning. Councilmember Gates reported the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for October 26,1999 at 5:30 PM and updated Council on regional issues. Councilmember Kochmar assured citizens who spoke regarding the Parke Property Condemnation that their comments were heard, and stated Council is wearing purple ribbons this evening to show support of Domestic Violence Awareness Month. Deputy Mayor Park stated he will attend at South King County Community Expo on October 20, 1999 and thanked staff for the smooth transition during the change in City Managers. Mayor Gintz recognized Councilmember Burbidge for her testimony regarding housing densities in Federal Way and stated he hopes it will generate more transportation services for the City. IX. CITY MANAGER REPORT City Manager David Moseley reported the Public Safety Division received an award for outstanding support from the Northwest Fraud Association; announced the Arts Commission held its Juried Arts Show and the city's own Sandy Pettit, Information Systems Coordinator, received the highest award and will have her own art exhibit in 2000; a Y2K brochure was mailed to citizens this week and Council will conduct an executive session for approximately 30 minutes and action is expected. City Council Regular Meeting October 19, 1999 - Page 7 EXECUTIVE SESSION City Manager Evaluation/Pursuant to RCW 42.30.110(1)(g) Mayor Gintz recessed to Executive Session at 9:05 PM to discuss the City Manager Evaluation. Councilmember Watkins left the building. Mayor Gintz reconvened the Regular Meeting at 9:14 PM. MAYOR GINTZ MOVED APPROVAL OF THE CITY MANAGER PERFORMANCE PAYMENT PURSUANT TO SECTION 2.3 OF THAT CERTAIN EMPLOYMENT CONTRACT BETWEEN KENNETH E. NYBERG AND THE CITY, AND BASED UPON HIS PERFORMANCE DURING 1999, MOVED TO APPROVE A ONE-TIME PERFORMANCE PAYMENT TO CITY MANAGER KENNETH E. NYBERG EQUAL TO 8% OF HIS ANNUAL BASE SALARY, WHICH AMOUNT SHALL BE PAYABLE DURING JANUARY OF 2000. DEPUTY MAYOR PARK SECOND. The six Councilmembers present voted unanimously. Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins absent for vote XI. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the regular meeting at 9:15 PM. Laura Ulanowski, Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ 2,056,902.14 Expenditure Amt: $ 2,056,902.14 Contingency Reqd: ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify to said claims. Mmlhgement S6rvices Directg~ ...................................................................... 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I..T...Y....M...A...N...A...G...E...R....R..E...C...~...M....~....E..N..~.:......~.A..p..p..r...~..v..e....C..~..u..n..~..i..~....C. ~.T.:.~. y.~ ~.. ~ ~ c °~e nda t i ° n f APPROVED FOR INCLUSION IN COUNCIL (BELOW TO BE COMPLETED BF CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # OITY eF j~ MEMORANDUM Date: To: From: Subject: October 26, 1999 Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director September 1999, Monthly Financial Report Action Requested: Accept the Monthly Financial Report and forward to the November Council meeting for approval. Committee Chair: APPROVAL OF COMMITTEE REPORT Mary Gates" ,-2~.,,~-~"~ '-~.~z.~Committee Member: Jeanne Burbi Committee Member: Linda Kochma~'_.~'~?~ GITY ~F ~ "A City for All of Us" 40.00 35.00 30.00 25.00 20.00 15.00 IO.O0 5.00 1999 Projected Revenues & Expenditures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec -~- Revenues + Expenditures Overview 1 Significant Events 1-2 General Government Revenues 2-5 Expenditures 5-8 Investments 8 Supplemental Schedules 9-17 Grants 18 Attachment A 19 September 1999 Monthly Financial Report OVERVIEW The Monthly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through September for the years 1994 through 1999. SIGNIFICANT EVENTS Distinguished Budget Presentation Award The Government Finance Officers Association panel has voted to award the City of Federal Way's 1999/2000 budget document the Distinguished Budget Presentation Award. This award is the highest form of recognition in governmental budgeting, and is valid for two years. Thank you to all those who participated in the preparation of the budget document. Recent Grants/Contributions The Surface Water Management Division was awarded $49,347 from Washington State Fish Passage Grant Program for fish passage barrier removal design and construction at North Forth West Hylebos. The division is also a partner with the Friends of the Hylebos for the Hylebos Stream Team Project that was recently awarded $40,700 in grant funding from the King County Waterworks Program. The Department of Public Safety has recently received contributions from the Washington Traffic Safety Commission in order to participate in several of their programs. They will receive $1,500 in funding for the purpose of sending a traffic accident investigator to a DUI training conference. Also, they will receive up to $2,400 in reimbursement of overtime costs related to DUI oriented traffic stops and approximately $13,000 for school zone traffic stops. City o.[ Federal Wav September 1999 Monthly Financial Report Also the Department of Public Safety will be entering into an agreement with the Federal Bureau of Investigation which would allow them to receive reimbursement from the Department of Justice for approved overtime costs, authorized travel and per diem expenses for law enforcement officers assigned to the specified investigation. 1999 Asphalt Overlay Program The Asphalt Overlay Program for this year will be completed in October, due to the recent improvement in the weather. Contractors are currently working on completing adjustments of the existing utilities. It is anticipated that the project will go to Council for final acceptance in December. GENERAL GOVERNMENTAL REVENUES General governmental revenue collections through September total $28,946,122, which is $3,988,462 or 16.0% above the year-to-date budget ($24,957,660). Of this amount, $1,341,858 is related to Utility taxes and REET that are reserved for the payment of debt service. When compared to 1998, revenues have increased by $2,333,225 or 8.8%. Attachment A provides a comparison of year-to-date revenues by major sources for 1999 with comparative figures for the past 5 years. REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending September 30, 1999 ~ : Y"~ Actuals YTD ActUals Property Tax 6,634,350 3,706,823 55.9% 3,706,823 0.0% 149,582 Sales Tax 8,605,426 7,110,375 82.6% 6,420,311 690,064 10.7% 896,291 Hotel/Motel Lodging Tax 65,000 24,169 37.2% 28,888 (4, 719) - 16.3% 8,538 Criminal Justice Sales Tax 1,362,747 1,091,039 801% 1,008,394 82,645 8 2% 13t,366 Gambling Tax 509,600 1,075,415 211.0°/` 416,078 659,336 1585% 119,026 Utility Tax 4,633,769 3,955,479 85.4% 3,491,851 483,628 13.3% 355,897 Real Estate Excise Tax 1,200,000 1,771,747 147B% 894,249 877,498 98.1% 326,168 Franchise Fees 494,255 353,299 715% 376,622 (23,323) -6.2% Licenses&Permits 123,201 113,158 91.8% 110,400 2,758 2.5°/, 5,335 Intergovernmental 4,576,430 3,694,074 80.7% 3,385,973 308,101 9.1°/, 319,778 CD Building Permits & Fees 853,193 1,079,567 126.5% 653,498 426,069 65.2°/c 96,214 CD Pass Thru Fees 67,782 na 67,782 na 4,983 IWV Permits & Fees 239,573 166,019 69.3% 175,045 (9,026) -5.2% 10,345 PW Pass Thru Fees 46,424 na 46,424 na 6,079 S~/I Fees 3,120,302 1,764,758 ~66% 1,764,758 0.0°/` 53,983 Refuse Fees 148,524 111,515 75.1% 111,393 122 0.1°/` 12,467 Admin Fees 168,478 126,360 75.0% 126,360 00% 14,040 Fines&Forfeits 714,000 651,033 912% 546,632 104,401 19.1% 64,883 Recreation Fees 551,343 509,655 92.4% 463,869 45,786 99% 47,187 Knutzen Theatre Operations 59,030 27,670 46.9% 44,273 (16,603) -37.5%1 3,073 Dumas Bay Centre Operations 429,609 366,509 85.3% 298,919 67,590 22.6% 53,568 Public Safety 138,432 226,976 164.0°/` 103,824 123,153 118.6°/~ 3,678 Interest Earnings 1,040,139 787,651 75.7°/ 710,877 76,774 10.8% 69,244 Miscellaneous Revenue 139,765 118,624 84.9% 118,624 0.0°/, 18,327 Subtotal Operations 35,807,166 28,946,122 80.8% 24,957,660 3,988,462 16.0% 2,770,053 Interfund Transfers [ 6,003,289 0.0%, 14.~o~ Other Financing Sources 1,123,307 2,679,352 238.5% 2,679,352 na 346,974 Total Revenues 42,933,762 31,625,474 73.7% 27,637,012 3,988,462 3,117,027 * Shows actuals as % of year-to-date budget. For example, 50% means actual revenues were half of what was budgeted for that period. 2 City of Federal }Fay September 1999 Monthly Financial Report COMPARISON OF 1999 OPERATING REVENUES - BUDGET TO ACTUAL $40 000 000 $35.000.000 $30,000.000 $25OO00OO ,484 $20000.000 $15 000,000 $10 000 000 I 534:952:9 $5.000 000 $- Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Pro£erty tar Property tax revenues collected through September total $3,706,823, which is an increase of $71,271 over 1998. Actual taxes received in the current month total $149,582. Sales Tar Sales tax received through September of $7,110,375 is $690,064 or 10.7% above the year-to-date budget ($6,420,311). Compared to 1998 year- to-date, sales tax increased $629,109 or 9.7%. Sales tax received in the month of September totals $896,291 that is $107,708 or 13.7% above the adopted budget estimate. Compared to September 1998, sales tax increased $45,996 or 5.4%. Retail sales continue to remain the largest source, accounting for 64.2% of all sales tax collections. Year-to-date retail sales tax collections are up $395,728 or 9.5% over 1998, attributable to an overall increase in retail activity. COMPARISON OF SALES TAX COLLECTIONS BY SIC CODE GROUP YTD Through September Component 1997 1998 1999 Change from 1998 Group Actual Actual Actual $ Change % Change Retail Trade $ 4,004 327 Serwces 584,762 Construction/Contract 455,132 Wholesaling 345,796 Transp/Com m/Utility 267 710 Manufacturing 279 476 Government 87 351 Fin/Ins/Real Estate 75 365 Other 66601 Total $ 6,166,520 Taxable Sales $ 725,472,888 $ 4170,163 $ 619255 439,029 380,220 269965 328 247 103459 84 188 86 741 $ 6,481,266 $ 762,501,834 4,565,891 667 157 683,125 404.744 309393 222,276 100163 88091 69534 $ 7,110,375 $ 836,514,712 $ 395728 47903 244096 24.524 39,428 (10597O) (3~296) 3904 (17,207) $ 629,109 $ 74,012,878 95% 77% 55 6% 64% 14 6% -32 3% ~32% 46% -19 8% 9.7% 9.7% SALES TAX COMPARISON by AREA ; YTD Through September S 348th Retail Block 1,027,886 1,108,019 1.226,885 SeaTac Mall 760,895 759,086 726,262 S 312th to S 316th Block 62.547 65,914 68,380 Pavilion Center 104,756 99,526 94,800 Hotels & Motels 31,751 30,668 ' 32,256 118,865 (32,824) 2,466 (4,726) 1,588 10.7( -4.3% 3.7%' -4.7% 5.2°/ Year-to-date construction and contracting activity, which accounts for 9.6% of sales tax collections, is up $244,096 or 55.6% compared to 1998 activity. This increase is further reflected in the City's building permit trends. Manufacturing activity through the end of September has generated $222,276 in revenues. This is down $105,970 when compared to 1998. This is due to a major manufacturing company reporting sales tax on a quarterly basis for part of 1998 versus monthly in 1999. They are also in the process of moving out of the area, so their sales tax remittance has been decreasing each month. Transp/Comm/Utility sales taxes collected total $309,393, which is an increase over 1998 of $39,428 or 14.6%. This is due to an overall increase in cellular communication activity, which is also reflected in the increase in cellular utility tax revenues. The City's largest retail center, South 348'h retail center, which generates over 17% of the City's sales tax has experienced a growth of $118,865 or 10.7% compared to 1998, due to increased activity for all retail establishments in the center. SeaTac Mall is showing a decrease of $32,824 when compared to 1998 activity. This is due to a major retailer not reporting for the current month this year. 3 City o.f Federal Way September 1999 Monthly Financial Report Actual R~t ESrAr~ ~C~SE r~ 1997- 1999 1998 , 1999 1999 Budget Actual Budget * Aclual $ Vaiienca . $ Variance Jaruary $ '4(~'~25 $ ';~3 2': $ 5,3 5':5 $ '2!~[; '(':~J$ 232 454 4:9 ih February ' 94,719 119,717 60317 65939 5.622 93% March ' 101,508 82,116 110.335 ' 80862 (29 473) -26 7% April ' 132,678 166,282 ' 104,765 203.522 98757 943% May 186,187 i89.860 ' 104,661 169,610 ' 64,949 621% J~une - ~ '108,060 270,672 ' 118,511 ' 162.569 ' 44.058 ' 37 2% July ' - - 120,432 295,736 ' 125,954 ' 278,955 153,001 - 121 5% August _ i 231,911 . 324.962 i 107,066 i 194'8531 871787. 820% September 181,490 137,949 105,825 326,168 220,343 208 2% ~ctober 151,333 204,439 91 969 0 0% N~tember ' 2~6,381 ' 143.877 93.419 ' ' 00% D~mbe~ ' i88,999 ' 132,448 ' 120.363 ' - ' 0 0% Est. REValue $ 342,739,440 $ 413,611,$16 $ 240,000,000 $ 354,349,488 $ 175,499,635 na · Represents month~/ historical patlem$ for the 1999 Adopte~J Budget Real Estate Excise Tar For the year-to-date comparison, real estate excise tax continues to exceed prior year's collections. Through September, revenues total $1,771,747, which is $877,498 above budgetary estimates ($894,249). For the current month, we received $326,168 or 208.2% more than the monthly estimate ($105,825). The current month's increase is due to the sale of two large parcels in the East Campus Corporate Park, and the sale of a 124-unit condominium complex. Hotel/Motel Lodging Tax' Hotel/Motel lodging tax collected through September totals $24,169, which represents activity through July. This is $4,719 or 16.3% below budget, but is anticipated to increase once the newly constructed hotels in the area are active (ie: Extended Stay, Marriott). Utility Tax Utility tax received through September total $3,955,479, which is $463,628 or 13.3% above the monthly budget estimate. Compared to 1998, utility tax receipts have increased $595,666 or 17.7%. Cellular taxes exceed the budgetary estimates by $160,027 or 57.0%, which is consistent with prior months in 1999. This is due to an increase in the number of cellular communication companies in our area, as well as an overall increase in cellular activity. State Shared Revenue State shared revenues are exceeding budgetary estimates by $390,746 or 8.9%. Included in this number is criminal justice sales tax of $1,091,039, which is also exceeding budget by $82,645 or 8.2%. Criminal justice-high crime has collected $173,087 through September. This revenue is based on the Cities 1997 crime rate and determines distribution amounts for July and October 1998 and January and April 1999. We are not budgeted to receive any high crime revenue in 1999, based on the 1998 crime rate statistics. We have received a total of $16,506 from the state to assist with the additional costs of implementing and enforcing the new DUI legislation. The DUI assistance is funded through June, 2001. The statewide distribution of $120,000 will be made to cities quarterly and is based on population. Currently the quarterly allocation to Federal Way is $2,774 and is subject to change depending on the City's population when compared to the total incorporated population. The next distribution is expected to occur in October. Fines & Forfeitures Year-to-date Fines and Forfeitures are exceeding budgetary projections by $104,401 or 19.1%. Revenues are exceeding budget by $5,932 or 10.1% for the month of September. Parking Infractions through September are exceeding budget by $29,468 or 180.5%. False Alarms collected total $26,514, which is $19,500 or 278% above budget estimates. Building Permits & Plan Check Fees Building permit revenues were up $426,069 or 65.2% when compared to year-to-date budget ($653,498). This does not include pass through revenues of $67,782 for expedited and environmental review, Revenues collected for expedited review are currently not included in the budget. Expenditures related to the expedited services also are not included in the budget, but will be included in the mid- biennial budget adjustment. Significant among the commercial permit activity is Pep Boys, who will be redeveloping the old Pontiac dealership on Highway 99, and Capitol One. Building permits, which includes mechanical, plumbing and clear/grade permits, total $540,537 through the end of September. Plan check fees collected for the month of 4 City of Federal Way September 1999 Monthly Financial Report GAMBLING TAX BY ACTIVlTY YTD Through September 1997 Actual 1998 Actual 1999 Actual Change from 1998 Activity % $ , . %, ,., .... $, % $ $ Variance % Variance Games 0.7% $ 1,896 0.8% $ 2,046 0.4% $ 4,786 $ 2,739 na Punchboards 1.7% 4,201 0.0% 1.1% 12,104 12,104 na Pulltabs 82.4% 209,594 77.6% 193,313 23.4% 251,735 58,422 30.2% Cardrooms 15.2% 38,767 21.2% 52,882 75.0% 806,770 753,888 1425.6% Bingo 0.0% 41 0.4% 1,014 00% 20 (995), -98.1% Total 100.0% $ 254,499 100.0% $ 249,255 100.0% $ 1,075,414 $ 826,159 331.5% Table reflects reporting activity through August, September total $25,017, which is have not yet above budgetary projections by $8,775 processed. or 54.0%. The year-to-date Plan check fees collected is $335,058, which is exceeding budget estimates by $172,498 or 106.1%. We continue to see plan check fees from Virginia Mason Clinic and Winco Foods. ROW Permits and Fees Overall Public Works permits and fees collected through September total $166,019, which is $9,026 below the adopted budget. This does not include pass through revenues of $46,424 for expedited review. Recreation Fees are exceeding budgetary expectations by $45,786 or 9.9%. This is due to softball program revenues collected through September of $96,163, which is well above budget estimates by $3 I, 163 or 47.9%. Also soccer program revenues total $26,880, which is $9,880 or 58.0% over the annual budget of $17,000. Invoices for related recreation program expenditures incurred during the summer months been received and Gambling Tax' Gambling tax collections are up $659,336 or 158.5% over the budgetary estimate ($416,078). The increase is $826,159 when compared to 1998 largely due to increased activity at one major card room establishment and the increase in card room rates from 11% in 1998 to 20% in 1999. Polk'e Sen,ices Revenue collected through September total $226,976. This amount includes Traffic School revenues of $44,900, Explorer program donations of $2,400, a donation from Target of $500 to automate the pawn program, interest earnings of $4,274 and Police Security services of $123,542. Also included is $34,986 of state seizure revenues, which are designated for that specific program. The remaining balance of $16,374 is made up of miscellaneous revenues such as weapons permits, copies and fingerprinting. $68,556 in grant revenues were received for the first and second quarter, but are included in other financing sources. Traffic School, Explorer program and state seizure revenue is not currently included in the budget, but are usually added in the year-end budget adjustment. Other Financing Sources of $2,679,352 consist mainly of interfund operating transfers in the amount of $2,505,481. Also included are grant revenues for Public Safety of $68,556 and Solid Waste of $27,515. The remaining balance of $77,800 includes a $75,000 contribution to the City's overlay project from the City of Tacoma, $1,000 from Weyerhaeuser for Emergency Preparedness and $1,800 of contributions to the many Human Services programs (the majority of which are employee contributions). COMPARISON OF 1999 OPERATING EXPENDITURES- BUDGET TO ACTUAL $40,000,000 $35,000,000 $30,000,000 h $25.000,000 $20,000,000 1~ $15,000,000 $10,000,000 $5,000,000 $- Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 5 City o.f Federal Way September 1999 Monthl~ Financial Report EXPENDITURE SUMMARY BY DEPARTMENT Period Ending September 30, 1999 Adopted Year.to. Date % YTD Budget Actuals Expended Bud~let YTD Budget YTD Budget* MOnth ActS: City Council 219,841 166,290 75.6% 193,003 26,713 13.8% 15,127 City Manager 587,110 441,492 75.2% 450,077 8,585 1.9% 63,724 Court Contract 499,472 290,785 58.2% 341,481 50,696 14.8% 33,487 Municipal Court 300,000 35,238 na 35,238 na 13,586 Management Services 1,953,969 1,283,812 65.7% 1,279,999 (3,813) -0.3% 170,416 Civil/Criminal Legal Services 1,253,692 924,175 73.7% 930,001 5,826 0.6% 100,770 Community Development 3,048,376 2,122,650 696% 2,240,484 117,834 5.3% 180,316 Public Safety 12,049,356 8,895,841 73.8% 8,899,723 3.882 0.0% 1,058,197 Jail Services 875,000 1,002,515 114.6% 570,599 (431,916) -75.7% 194,938 Parks & Recreation 3,065,364 2,453,555 80.0% 2,378,828 (74,727) -3.1% 442,046 Dumas Bay Centre Operations 467,436 360,012 77.0% 338,201 (21,811 ) -6.4% 44,530 Knutzen Theatre Operations 159,030 83,751 52.7% 119,273 35,522 29.8% 14,453 Public Works Operations 3,444,273 2,333,589 67.8% 2,488,291 154,702 6.2% 390,989 PW Asphalt Overlay Program 2,018,311 1,445,161 71.6% 1,445,161 0.0% 415,144 Solid Waste & Recycling 299,727 170,521 56.9% 212,544 42,023 19.8% 19,117 Snow & Ice Removal 55,076 17,263 31.3% 39,056 21,793 55.8% 218 Hotel/Motel Lodging Tax 40,000 0.0% na Surface Water Management 1,749,884 1,135,795 64.9% 1,275,918 140,123 11.0% 105,292 Debt Service 5,293,482 2,267,244 42.8% 2,267,244 0.0% Subtotal Operations 37,379,400 25,429,689 680% 25~505,122 75.433 0.3% 3,262,350 Interfund Transfers 8,446,571 0.0% na Other Financing Uses 2,480,127 6.552,111 264.2°/, 6,552,111 na 316,330 Total Expenditures 48,306,098 31,981,800 66.2% 32,057,233 75.433 0.2% 3,578,680 Shows actuals as % of year-to-date budget. For example, 50% means actual expenditures were half of what was budgted for that )eriod. GENERAL GOVERNMENTAL EXPENDITURES General governmental expenditures through September total $25,429,689 or 68.0% of the annual operating budget ($37,379,400). Operating expenditures are below the year-to-date budget ($25,505,122), by $75,433 or 0.3%. When compared to 1998, expenditures are up $3,768,398 or 17.4%. Civil/Criminal Legal Services spending is below the budgetary estimate by $5,825 or 0.6%. Civil legal services have expended $437,554, which is 80.7% of their annual operations budget ($542,356). Criminal legal services have expended $486,621, which is 68.4% of their annual operations budget (excluding court contract costs). Court Contract expenditures paid through September total $290,785, which is below the year-to-date budget ($341,481) by $50,696 or 14.8%. The budget is based on historical trends for the last seven years of the contract. Community Development Operations has expended $2~122,650 or 69.6% of its annual appropriation ($3,048,376). Through September, they are below their budget by $117,834 or 5.3% of the year-to-date budget ($2,240,484). Other services and charges expended total $429,507, or 63.9% of the total budget $671,938. Parks Operations expenditures total $2,453,555 which is $74,726 or 3.1% above the year-to-date budget estimate ($2,378,828). This is 80.0% of its annual appropriation. Services and charges total $519,196, which is 68.8% of the annual budget ($755,077). This is a 23% increase over last month, which reflects the processing of several invoices for contracted services incurred during the summer, such as athletics umpires and camps. Also, services and charges, which include utilities, will increase in the winter months due to the extended use of field lights. Through September, tempora%' help totals $231,005 or 97.6% of its annual budget ($236,768). This is an expected increase in temporary and seasonal help, which are needed to assist with the maintenance and operation of the parks during the busy summer season. Dumas Bay Centre operating expenditures total $360,012 which is $21,811 or 6.4% above the year-to-date estimate of $338,201. Operating revenues through the current month total $366,509, which is $67,591 above the budget estimate ($298,919). The Dumas Bay Centre has recovered 101.8% of all operating costs as of the end of September. The Knutzen Family Theatre has operating expenditures through September of $83,751 or 52.7% of the adopted budget ($159,030). The current expenditure saving is $35,521 or 29.8% of the year-to-date budget ($119,273). This year-to-date budget is a straight-line allocation of the annual budget, due to the fact that we do not have a history with which to base future 6 Cit~ of Federal Way September 1999 Monthly Financial Report fluctuations in spending. Operating revenues collected total $27,670, which is 47% of the annual budget ($59,030). This is below the year-to-date budget, which is also a straight-line allocation, by $16,603 or 37.5%. Interlocal Agreement between Lakehaven Utility District and the City. Due to the savings realized from a relatively warm and wet 1998/1999 winter, staff projects the fund will stay within budget as the year progresses. ation costs originally budgeted for 1999. In addition, the majority of the grant-funded expenditures for the Fall Recycling Collection Event, which took place September I 1th, are not reflected in this report. Public Works Operations is below the September budget estimate ($2,488,291) by $154,702 or 6.2%, and has expended $2,333,589 or 67.8% of its annual appropriation ($3,444,273). This is due to the delay of invoices for intergovernmental expenditures, such as King County traffic maintenance and WSDOT state highway maintenance. Both of the above vendors are included in inter-governmental expenditures, which through September totals $224,075 or 54.3% of the annual budget ($413,036). Savings can also be found in salaries and benefits, which are only 64.1% expended, The total expended through September is $925,125. The majority of this saving can be attributed to several vacancies within the new Streets Maintenance crew. September is the first month that they have had a full crew. The new Streets Maintenance will be purchasing a 10-yard dump truck through the LOCAL (Local Option Capital Asset Lending) program. This program, offered by the State Treasurer's office, allows local government agencies to obtain the lowest cost financing for equipment purchases by pooling funding needs into larger offerings of securities. The dump truck is expected to be delivered towards the end of October. They also recently purchased a Flail Mower using the same program. Other equipment that will be going out-to-bid (not through the LOCAL program) is a self- propelled asphalt paver and a portable/changeable message board. Snow and Ice Removal has expended $17,263, which is below budget by $21,793 or 55.8%. Included in this total is the recent capital purchase of a Swenson Sander for a 10-yard truck. This purchase was needed due to the termination of the Snow and Ice SWM Operations are below projections by $140,124 or 11.0% of the September estimate of $1,275,918. Inter- governmental expenditures total $47,115 which are only 43.8% of the total budget ($107,500). This is also due to the delay of invoices from King County for water utility billing, and a portion of the WSDOT charges for state highway maintenance. Solid Waste & Recycling Division is below their budgeted expenditures by $42,023 or 19.8%. This is due to savings in the following three programs. (1) A large portion of the costs for outside council used for the City's due diligence review prior to the sale of Federal Way Disposal were paid for by the purchaser, saving approximately $15,000. (2) Business recycling outreach expenditures in the current year are lower than originally budgeted. In-house staff now performs this function rather than a higher-cost consultant, reducing this grant-funded expenditure by roughly $5.000. (3) The multi-family recycling program has had little additional interest from area complexes, saving an estimated $15,000 in-grant funded implement- Police Services have expended $8,895,841 through September, which is $3,882 below the budgetary estimate of $8,899,723. Salaries & benefits, which are 67% of their total budget (excluding temporary help, overtime Police security, regular overtime & termination pay), totaled $6,309,926. This is 72.7% of the annual budget ($8,681,503). Overtime Police security totals $58,938 through September, but is offset by revenues collected for the services provided. Jail Service is above September budget estimates ($570,599) by $431,916 or 75.7°,/0. The total expended of $1,002,515 does not include payments for August and September services. Other Financing Uses total $6,552,1 I I or 60.0% of the annual budget ($10,926,698). The majority of which is made up of interfund operating transfers totaling $6,494,156. Operating Expemlitures By Category The chart below shows operating expenditures and financing uses through September 30, 1999 by category or object code. General Governmental Operating Expenditures/Uses by Category As of September 30, 1999 Adjusted Year-to-date % ;ode Item Budget Expend Expend 100 Personnel Services 14,214,296 10,712,435 75.4% 200 Benefits 3,115,673 2,420,188 77.7% 300 Supplies 702,691 572,664 81.5% 400 Other Services and Charges 4,467,200 2,981,004 66.7% 500 Intgvtl Srvs/Taxes 3,705,564 2,334,046 63.0% 552 Interfund Contributions 10,390,479 6,583,696 63.4% 561 Residual Equity Transfers 703,261 398,934 56.7% 600 Capital Outlays 2,167,807 1,538,709 71.0% 700 Debt Service-Principal 3,371,239 1,286,239 38.2% 800 Debt Service-Interest 1,922,243 981,004 51.0% 900 Interfund Svc Pmts 3,545,645 2,172,879 61.3% Total Operating Expenditures/Uses 48,306,098 31,981,800 66.2% 7 Ci~. o.f Federal Way September 1999 Month!¥ Financial Report Salaries, which comprises 29.4% of the operating budget, is at 75.4%. Included in this number are temporary help, seasonal help, overtime pay, overtime Police security, termination pay and incentive pay. Other services and charges has only expended 66.7% of its annual budget ($4,467,200), with savings in Community Development, Solid Waste and Recycling, and Surface Water Management. Capital outlays, which includes $1.4 million for the arterial streets overlay project, is at 71.0%. Of the $1,538,709 of expenditures through September, $1,387,577 can be attributed to the overlay project. It is anticipated that the overlay project will meet budget projections as the year progresses. Internal service fund charges are currently at 61.3%. This year-to-date total of $2.17 million includes the collection of replacement reserves for nine months, and actual maintenance and operational charges for eight months of the year. CASH AND INVESTMENTS The following graph and chart show the average maturity yield for the years 1996 through 1999. The average portfolio maturity and yield as of the end of September is 5.32%. The total invested balance at the end of September is $40,491,444, which includes $22,437,748 in the State Investment Pool (SIP). The State Investment Pool is composed of 58% Agency, 2% U.S. Treasury, 14% Commercial Paper, 24% Repurchase Agreements and 2% Certificates of Deposit. The City currently has invested 56% in the State Investment Pool, 17% in Agency securities, 2% in Bankers Acceptances, 7% in Certificates of Deposit and 18% in Treasury Notes. Per policy, the basis used by the City to determine whether market yields are being achieved shall be the range between the average six- month U.S. Treasury Bill (5.09%) and the State Investment Pool (5.22%). State Investment Pool Investments by Type Commercial Paper 14% Repurchase Agreements U.S Treasury 24%  Certificates of Deposit 2% U S Agency Securities 58% Bankers Acceptance 2% Certificate of Deposit 7% Investments by Category September 30, 1999 Agency 17% Treasury Notes 18% State Investmen~ Pool 56% ·: Actual Yield Amounts as of September 30,1999 Year 1996 1997 1998 1999 6 Month T-Bill 5,46 531 5.30 509 State Investment Pool 533 549 546 5,22 Inhouse Investment 590 596 576 544 Total Portfolio Investment Interest 569 5 74 5 66 532 Investment Interest Rates as of September 30th 6 50 " ............................... -' .................. 600 ! -- 5 50 5 O0 4 50 4 O0 3 50 3 O0 2 50 2 O0 1 50 100 0 50 1996 1997 1998 1999 r'16 Month T-Bdl reState Investment Pool nlnhouse Investment r'lTotal Portfolio Investment Interest 8 Ci~ of Federal Way September 1999 Monthly Financial Report MAJOR FINANCING SOURCES SALES TAX REVENUES September 1997 through September 1999 $1.050.000 Holiday Season $950000 $850000 $750,000 $650000 $550 000 LOCAL RETAIL SALES TAX REVENUES 1997- 1999 1997 1998 1999 1999 Budget Month Actual Actual ' Budge~ ~ Actua~ - ~ Variance % Variance 638,862$ 667688 $ 711432 S 43,744 January $ 623 386 $ February 902 478 Marc~ 640 967 Aprd 582.547 May 660733 June 669 058 July 678567 August 694 702 September 735617 October 657 100 November 687585 December 793 528 Total $ 8,326,269 S 949 276 714,640 575.596 655 396 769461 645.475 682263 850,295 761561 739 326 800.018 8,782,170 $ 6 6% 941.601 I 013.425 71 824 7 8% 667002 7~7 005 50 003 7 5% 601,682 633,460 31 778 5 3% 706570 783051 76 481 10 8% 686,513 772812 86.299 126% 656.290 727.701 71 411 109% 704.382 855 198 150 816 214% 788.583 896.291 107708 13 7% 714.775 0 0% 714 770 0 0% 75557O 0 O% 8.605.426 $ 7.110,375 $ 690,064 10.7% Taxable Sales $ 979,561,007 $ 1,033,196,412 $ 1.012,403,059' $ 836,514,734 $ 81.184,028 10.7% 9 City o£ Federal Way September 1999 Monthly Financial Report COMPARISON OF SALES TAX COLLECTIONS BY SIC CODE GROUP For the Month of September Component 1993 1994 1995 1996 1997 1998 1999 Change from 1999 Group Actual Actual Actual Actual Actual Actual Actual $ Chang~ · ~,'Change $ Retail Trade Services Con structionJCont tact vVnolesaiing T ransplCommlUtility Manufactunng Govemment Fin/~ns/Real Estate Other 391.077 50.785 52,119 42,761 37,623 24,492 7,869 6,203 6,091 407,117 $ 442.478 $ 58.260 60996 63,213 76.957 31,453 57.562 30~594 23,672 24,676 ' 26.659 ' 5,710 7,511 ' 5,126 5.924 8.901 11,730 471.693 70734 52277 40.831 29.689 41,997 10,742 8,249 8,156 Total $ 619,020'$ 635,050 - $ 713,489'$ 734,368 $ 475.469 69.284 70,134 43,149 28,369 13.148 t51288 10.855 9,919 578.341 $ 553592 S (24.749) ~ 3% 75,742 93.512 17.770 235% 57,097 ' 99.225 42,128 ' 73~8% 47,599 39.132 (8,467) -178% 31,298' 62.904 31,606' 10i~0o/~ 27,793 ' 14,497 (13,296)' -478% 13,175 ' 13,929 754 ' 57%1 8,410 ' 8,201 i209)' -2.5°/ 10.840 11 299 459 4 2°/~ 46,996~ 6~4.~ 735,617'$ 850,295'$ 896,291-$ l'i~ible S~le~, - $ 72,8251882. S 7417'1i~76~* ~ 83.93§18~$' $ 8618~6,188 ' $ 86,543,207 S i00,0~4,708 ' $ 10S,446,000' $ $All,296 ~ $.4.~ SALES TAX ACTIVITY BY SIC CODE YTD through September 1999 Manufacturing Government 3.1% 1.4% Trans/Com/Util Wholesaling 44% 5.7% Constr/Contract 9.6% Fin/Ins/Real Estate 1 2% Other 1 0% Retail Trade 642% Services 9.4% STATE SHARED REVENUES 1994 - 1999 ~otor Vehmle Exc~se Tax $ 945690 $ 985442 $ 722 920 $ 679 644 $ 714 607 $ 714.733 $ 780.195 $ 65.462 9 2% ;amDer Exc~se Tax 13.775 13.942 13 728 13.5~ 14 0~ 14 105 ~a 353 248 ~euor Profits Tax 367 ' '" 305 281 312 901 303 170 404650 329.1 ~ 318 219 (10 935~ -3 Jquor Exc~se Tax 183 099 172 655 163 778 167.244 172 236 174 662 199 795 25 133 14 Sram Just Low-Poo/DCD 193 202 257 ~8 268 220 149 503 95 955 79 640 1~ 6~ 270~ ~ 0°~ ~r~m JUSt Hgh Crime 227 766 184 917 196 846 208 609 227 674 173 087 173 087 n~ ~auallzauon 620 012 433037 278 432 284 207 283 210 283 520 309 669 26 149 9 _o~ Cnm Just 780 ~4 813 ~0 824 195 938547 1 002 177 1 008.394 ' 091 039 82.645 8 2oA :uel Tax 1 283 808 1 243 418 1 237 410 1 277.903 1 261 732 1 301 129 1 276 152 (24 977) -~ 9~ Veh L~C Fees 470 247 455922 453 234 477 991 491 140 489 030 499402 10 372 2 1%1 DUI - C~bes .... 16 5~ 165~ na I0 CiO: o. f Federal Way September 1999 Monthly Financial Report []Veh Lic Fees · Fuel Tax [] Criminal Justice []Equalization · Liquor [] MVET $6,000,000 $5,0O0,0OO $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- STATE-SHARED REVENUES 1994-1999 199~ t 1997 1998 Actual Actual Actual UTlUTY TAXES 1997- 1999 Budget ~ '1999Bild~et [ 1999 Budget Total I YTD I Actual I $ Variance ! % Variance January February March Apr May Jurle July August SeotemDer October November December 4.121 35.730 96.699 95.723 75 865 83 369 76 681 85 162 76107 89 608 91 283 125.150 431.810 118.633 460 440 139.684 429076 404 907 415919 431 710 40' 428 320.663 373 909 294 086 348 201 314176 318 905 310 675 322 551 326 801 348 206 365280 326 729 401 119 351 629 402.852 402 852 494 610 $ 91 758 22 8% 431 11 · 431,11 ' 479716 48605 11 3% 402257 402 257 469.241 66984 16 7% 421,480 421 480 480 522 59 043 14 0% 420867 420 867 463.233 42.366 10 1% 395 979 395 979 415001 19022 4 8% 347 329 347 329 389 429 42 101 12 1% 332,780 332780 407 973 75 194 22 6% 337 196 337 196 355 754 18558 5 5% 360 671 n/a 380 702 n/a 400 546 GAMBLING TAX REVENUE 1997- 1999 1999 1999 Budget 1997 1998 Budget Actual $ Variance % Variance January $31,616 $28,182 $51,135 $90,611 $39,476 772% February 34403 21,305 54,874 98,054 43,180 78 7% March 30,346 23,182 65,483 104,139 38,856 59 0% April 36,041 29,498 64,427 130,470 66,043 102 5% May 31,106 19,025 56,745 150,763 94,018 1657% June 29,421 20,121 26,947 145,105 118,158 4385% July 26,096 34,691 33,606 137,172 103,566 3082% August 17,016 36,336 35,687 110,031 74,344 208.3% September 18,454 36,915 27,174 109,070 81,896 301 4% October 23,907 50,005 32,313 0.0% November 20,591 51,544 27,718 00% December 19,766 48,147 33,491 00% Total $318,763 $398,950 $509,600 $1,075,414 $659,336 158.5% 11 City o£ Federal Wav September 1999 Monthly Financial Report FINES & FORFEITURES By Month Budget $$69,871 $599,488 $613,226 $639,830 $680,000 $714,000 19~4 1995 1996 1997 1998 1999 Change from Adopted Month Actual Actual Actual Actual Actual Budget Actual $ Variance % Variance ,January ...... $35,198 $58,898 $50.642 $36,755 $60,696 February March April Iday June July , ~.uguet September 3ctober ~iovember December 49,447 33,042 56,197 38,609 67,000 44,493 38.296 47,205 46,673 84,432 56.501 54,415 51.752 51,192 57881 51,202 49.764 54,538 52,978 73670 57.984 56.220 46 811 50903 65.060 41.965 69.336 48681 53 016 81.666 65.794 54.319 63.650 65.748 63.201 48.268 53.235 35.218 56,801 72,363 50450 50022 41486' 56.376' 74815 46068 50281 33604 45,810 57,001 44828 40~104 30269 67590 33,327 $50,540 54,512 59 851 63 806 62 101 63 881 61 299 71691 58 952 59 518 55157 52693 $64,790 $14,251 282% 68187 13674 251% 87.418 27567 46 1% 86409 22,603 35 4% 61806 -295 ~5~ 75375 11,494 18 O~ 66411 5,112 8 3~ 75755 4.064 57% 64884 5,932 10 1~ Total $592,198 $607,932 $560,053 $622,452 $791,t12 $714,000 $651,033 $104,401 19.19 % Change 2.7% -7.9% 11.1% 27.t% -9.7% · IncJuded in Fines & Forfeitures are remitlances from Distnct Court for "Shared Court Costs" and "Court Record Services" $750,000 $700,000 $650,000 $600,000 $550,000 $500,00O $450,0OO $400,000 $350,0OO $300,000 $250,000 $200,000 $150,000 S100,000 $50,000 $0 FINES AND FORFEITURES YTD Through September $651,033 $625,967 1994 1995 1996 1997 1998 1999 FII~ES &~ 1994 1995 1996 1997 1998 Budget YTD Budget 1999 $ Var % Var Civil Penalties Traffic & Non-Parking Parking Infrations DUI & Other Misd Criminal Traffic I~sd False AJarms 3.492 324,192 6,082 47.164 21,187 15,128 3,050 30,557 1.989 2,665 338,262 305,151 8,053 16,915 51,523 48,162 20,516 18,071 12,420 17,008 7,575 16,181 27,187 30,541 1,405 4,539 4,593 3.179 290.447 424.153 490,294 374.902 18.062 23,798 17,762 16,328 56,672 65,640 78,574 60,163 23,603 341503 361390 26,692 21,585 48,840 31,519 27,014 5,615 4,100 9,952 7,014 35,286 20,394 44,915 31,340 4,514 368,652 45,795 82,682 401392 75,293 26,514 7,192 1,335 42.0% (6,250) -1 ~7~ 29,468 180.5~ 22,519 374~ 13,700 51.3~ 48.279 178.7~ 19,500 2780°4 (24,148) -77.1~ 12 City of Federal Way September 1999 Monthly Financial Report I BUILDING PERMITS/ZONING FEES/PLAN CHECK FEES t997 1998 ~ _ 1999 Budg~ 77 561 $ 24 396 45 9%1 1994 - 1999 Actual Actual Actual Actual January $ February March .July ^u§ust October November December 36 051 $ 47 671 52 296 63273 53636 39732 36 428 42 525 67062 38 435 70 370 48 383 $ 26306 $ 34.376 44 823 30.950 48 297 36508 51060 65.038 50 280 69,015 65.217 60 208 64 655 71299 60072 58683 37 509 60354 42 402 43435 45 163 59 934 $ 81 164 95.791 93.260 52.379 57 030 50 009 56711 61 053 47 776 32,185 ExD thru September"" Recovery Rabo YTD Recovery Raho Actual 54 814 $ 53,165 $ 33057 60.446 95.739 35.293 58 4% 45 879 77 897 144,848 66.951 85 9%, 62 566 7,~ 057 88.404 14 347 194%, 60.598 75.731 161 106 85 375 112.7%1 105 773 87,461 165 674 78 213 89 4% 143 030 78,077 ' 15.236 37 159 47 6%1 129 554 71.521 134 783 63 262 88 5°/, 82 001 76 143 96 216 21 073 28 111 246 67 393 0 0°/~ 91 938 62480 0 0°/, 49 954 81 867 49,613 47 978 59337 69822 - 0 0% 1 087 518 1 263624 ' 314375 1 570 848 1 534 329 1.757 761 1 683 845 na na 40 3% 37 5% 34 1% 38 7% 46.7% 37 2% 64 1% na na 41 6% 39 0% 34 0% 35 7% 378% 36 9% na na na "Expenditures include Community Development Admimstration (001-5200-071) Planmng (001-5200-073) and Building (001-5200-074) r~Building Permits IPlan Check Fees BZoning Fees [] Electrical Permits $550,000 $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $- BUILDING PERMIT/ZONING/PLAN CHECK FEES 1994-1999 1994 1995 1996 1997 1998 1999-Adp 1999-Act :!: BUILDING ACTIVlTY . NEW CONSTRUCTION : T~~ September - Residential 156 $ 24801702 132 $ 23708602 125 $ 18844609 91 $ 16.406,374 123 $ 23,184602 87 $ 17624024 96 $ 19004,082 Commercial 8 1 864458 16 10869504 16 13285 137 11 5489653 5 1037083 18 25334419 12 18768,187 Multi-famdy 2 522564 3 215451 2 7131,972 10 12749 858 15 3 548887 5 16166880 Public 3 7524,134 1 241000 Mob;le Homes 17 127231 27 213,596 22 208,509 9 52,728 11 77.216 17 127,231 10 73,507 13 City Of Federal Way September 1999 MonthlF Financial Report Revenue January February March April May June July August September October November December $ 16,198 $ 22,397 10,580 6,797 8,826 il,568 25,439 11,224 6.955 18,991 39,839 7,131 8374 9726 19 584 9.339 9 997 9006 (32125 22,059 11 03~ 27799 20. t47 22638 1995 1996 1997 ~ 199~ 'L ~ 'J'~ t 1999Budget $ 12,719 $ 7041 $ 16~188 $ 16,959 $ 19,293 $ 2.334 138% 23627 10.708 14,751 21,158 8,283 29676 18 645 15252 14 041 13524 18 019 28331 14832 19 049 18.468 8.583 8,437 265O4 12,347 9079 19977 9.551 26,621 9.977 26339 12353 21.002 27438 26631 26180 24,786 15 049 22326 13.802 15,722 24,592 17,954 21,273 19 635 25914 19 191 13147 20759 22,623 16,802 $ 3,000 21 7% 38.782 $ 231060 1467% 16,286 $ (8.306) -33.8% 12.147 $ (5807) -323% 17.944 $ (3329) -156% 10 643 $ (8992) -45 8%! 23 777 $ (2.137) -8 2% 10 345 $ (8 846) -46 1°~ 00°,{ 00o, t 0 0°,~ Total iS 144,860[$ 178,$75~ S 197,216 tS 188,823 !S 251463T$ 231673 !S 166019 $ (9,026)] ,i ,.S.2~ Monthly Average 12071 14890 16435 15.735 20.954 19.298 18 447 -1,003 Permits/Plan Review/Inspection Fees Through September 200,000 150,000 100,000 50,000 mZoning/Subdiv Fees I-IPW Expedited Plan Review r-iPW Inspection Fees I'lPlan Review Fees · ROW Permits 1994 1995 1996 1997 1998 1999-1999- Adp Act 14 City o.f Federal Way September 1999 Monthly Financial Report MAJOR FINANCING USES RECREATION & CULTURAL SERVICE PROGRAMS AND DUMAS BAY CENTRE PERFORMANCE Th~ug, h September t999 .... t~o~e..e~ I ,,,%,, l, ' · ~i~,~ , . ~ I R,cov~ '1 Budget I Actual Budget I ActUal ,, l, % I Budg. et [ act~tel ATHLETICS AND SPECIALIZED SERVICES Community Center 20,500 Senior Services 22,333 Special Populations 10.700 Youth Commission 500 Adult Athletics 164 850 Youth Athletics 98 800 24.105 117,6% 61.250 39.816 21.815 97.7% 65 547 51.841 18 045 168.6% 49.380 50.990 0.0% 2.400 1.113 187474 113.7% 114805 82.:344 53 405 54.2% 87 816 60 506 65.0% 33.5% 60.5~, 79.1% 34.1% 42.1% 103.3% 21.7% 35.4% 46.4% 20.8% n/a 71.5% 143.6% 228.5% 68.9% 112.3% 88.3% Aquatics I ~ 2.000 [ 2,719 135.9% 33,890 34,273 101.1% 5.9% 7.9% Administration n/a 177.802 136 013 76.5% n/a n/a COMMUNI~ AND CULTU~L SERVICES A~s & Special Events 37,490 29,390 78.4% 54,314 57,173 105.3% 69.0% 51.4% Community Recreation 127 390 98.715 775% 166144 121 093 72.9% 76.7% 81.5% Red. ~ite & Blue 16 980 19.284 113.6% 32.500 35.413 109.0% 52.2% 54.5°/ Administration n/a 211.223 145 495 689% n/a n/a TOTAL RECREATION $ 501,343 $ 454,952 90.7% $ 1,057,069 $ 818,770 77.2% 42.5% 55.8% DUMAS BAY CENTRE Dumas Bay Centre (1) 429,609 366,509 85.3% 467,436 360,012 77.0% 91.9% 101.8% Knutzen Family Theatre (1) 59,030 ' 27,670 46.9% 159,030 ' 83,751 52.7%' 37.1% 33.0% TOTAL DUMAS BAY CENTR $ 488,639 $ 394,~79 80.7% $ 626,466 $ 443,763 70.8% 78.0% 88.8°/ Arts Commission 25,000 15 0.1% 87,794 38,878 44.3% 28.5% 0.0% (1) Revenues do not include interest income or operating transfers Expenditures do not include intedund contnbutions Court Costs vs Number of Filings Through September $450 000 $400 000 $350000 $300 000 $250000 $194,256 $200 000 $171,238 ~ $150 000 H $100 000 $50000 1994 1995 12000 ............................................................... l 11000 10'8~e~,,,. 8 854 ~ '~.9,211 10,000 '~__....._~.~ 8,4~_~' $313,641 '~ 9000 ",~g--' ~ooo ~ $214,017 6000 $171,800 5000 4 000 3 000 2000 I 000 1996 1997 1998 1999 ICourt Costs · Number of Fi~ings 15 Cit~ of Federal September 1999 Monthly Financial Report C.,M,.*. S..V,CES I Throu~lh seOtember , Revenues Expenditures District Court 171,238 ' 194,256 171,800 2i4,017 ' 313,641 341,481 ' 290,785 ' 50,697 ' 14.8% Witness Fees 8,582 9,478 9,002 5.6i9 7,196 ' 6,167 17,547 (11,380) -1845%i Administrative ' 108,291 127,446 ' 143,383 168,393 248,199 296,960 286,196 10,763 3,6% Public Defense 146.922 ' 144,592 149,206 131.819 193,048 198.660 154,289 42,371 21.5% Interpreter/Screener ' 2,393 4,846 10,086 13,636 22,297 ' 16,644 28,589 (11,945) -71,8°/c Rev Over (Under) Exp 30.099 (25,924) (30.802) 92.484 (237,751) (311,280) (126,373) 184,907 n/a Jail Costs vs Bookings & Maintenance Through September $1.200,000 $1,000,000 $800,000 $600.000 $400,00O $2O0,O0O 5- 1992 1993 1994 1995 1996 1997 1998 1999 30,000 25,000 20,000 15,000 1o,ooo 5.000 Expenditures + Cases 16 City of Federal Wa.F September 1999 Monthly Financial Report PUBLIC WORKS - CONTRACTED SERVICES I Expenditures Expedited Plan Review (1) $ 5000 $ 46.424 928.5°/~ Neighborhood Safety/Pavement Marking 50.000 31.174 62.3% Tra~ranspodation - Expedited Plan Review (1) 10.000 9.092 909% Tra~c Maintenance - KC 328.000 199.819 609% Street Maintenance -Private Contractors (2) 237.702 213.192 89.7% Street Maintenance - WSDOT 85.036 18.902 22,2% Structure Maintenance (3) 119,367 101 155 84.7% Subtotal Street Systems Solid Waste Litter Control 47.304 31 178 65.9% Water Utility Billing - KC 65 000 37.664 57.9% State Highway Maintenance -WSDOT 42,500 9.451 22.2% Water Analysis 13.877 1.206 8,7% Str. Sweeping, Catch Basin. Manhole & Pipes 267.241 165428 61.9% Snow & Ice Removal 30 000 1 303 4.3°/0 Snow & Ice Remora - Lakehaven Utility District 10,000 0.0% Subtotal Snow & Ice Removal i $ 40,000 l $ 1,303 3.3% Total Contractual Services ~ $ 1,311,027 I $ 865,988 66.1% (1) Expedited plan review service expenditures have matching revenues. Both the expenditures and the revenues related to expedited plan review are not currently included in the budget. They will be added during the mid-biennial budget adjustment. (2) Private Contracts for streets maintenance ($120,000), ROW vegetation, mowing and tree maintenance ($96,900), traffic control services, stump grinding and irrigation services ($1,600), dangerous tree removal ($1,202), small works projects ($3,500), and Pavement Management System ($14,500). (3) Private Contractors for sidewalk, ramps, curb and gutter maintenance ($112,696) and fences, guardrails, barriers and retaining wall maintenance ($6,671). 17 Ci,t}, o. f Federal Way September 1999 Monthly Financial Report COMMUNITY DEVELOPMENT BLOCK GRANT KING COUNTY MANAGED PROJECTS Activity Summary Report for the Period Ending September 30, 1999 Program Description Total L-T*O L-T-O* Grant Award Expenditures Recap/Roll Begin Remaining 1989 Ending for Exp-t999 Expend Balance 1997 King County Housing Rehab 170.000 169,305 695 695 AMS Housing of Washington 10 000 10 000 10,000 Easter Seal So~ety ot Washington 18 250 18,000 (250) (0) (0 KC Housing Authority 25,000 25.000 Mental Health Housing Foundation 11.183 11.183 Homes~ht-Westway Ne~ghberhood Homeownership Prog100.000 100,000 100,00( KCHA-Westway Neighborhood Re~alization Prol 50,000 50.000 United Cerebel Palsy Assocmtion 15,000 (15.000) Total 1897 399,433 273,488 (15,250) f 10,695 695 110,000 1999 Easter Seal Society of Washiogton 18.989 (169891 Homes~ght-Homeownershlp Assistance Program 75.000 75000 75000 ElderHealth Connect~n Program Facddy Renovation 10.000 10 000 10,000 TransdK)naJ Housmg-FVVCCN 50.000 (2224) 47776 47.776- KC Housing Rahab 170000 114696 (11 644) 43660 43,660 KC Housing Authonly-FW Duplexes Rahab 8400 8 400 8,400 KC Housing Aulho~y 10000 10.000 I 0.000 KC Housing Authonty-Laurelwood Gardens Apt Pla~jround 40000 40000 40,000 Outreach Alive 20.000 (20000 Total 1998 402,398 114,696 (52.957 234,936 99,836 135,000 Victonan Place ii Renovat~)n 20,000 Mental Health Housing Foundation Condos 40,000 Boys and Gids Club Front Entrance 34 742 Young Adult Supporbve Housing 30000 Habdat for Humandy Sde Preparation 40000 Southndge House Fire Safety Upgrades 83400 Group Home S~e Preparatmn 22.500 Ch~ioren's Residential Treatment Facddy 5 000 Housing Repair Program 140000 20,000 20.0(30 40,000 40,OD0 34742 34,742 30,000 30,000 40 000 40,000 83 400 83,400 22500 22,500 5 000 5000 140000 36353 103647 Total 1999 415,642 415,642 58,953396,789 Total Projects Managed by KC $1,967,588$1,116,377 ($90,007)$761,174 $159,384 $01,790 · Reflect funds that have e~her been recaptured (unexpended funds are put back in the pot and reallocated *n future years for city's use) or rolled over (balance ~s Darned over to the next year and added to similar project such as Housing Rahab ) COMMUNITY DEVELOPMENT BLOCK GRANT CITY MANAGED PROJECTS Activity Summary Report for the Period Ending September 30,1999 Program Total L-T-D; L-T~ * Beginning 1999 1999 Ending Description Grant Award Expenditures Adjustments Balance 1999 Expenditures Adjustr~ents Balance 1985 Program 859 Pedestnan Facilities 100307 90956 9351 9.351 858 Ballfields 85348 144.338 59000 10 10 857 Commumty Center Elevator 12.415 17,041 4626 861 Childcare Scholarship 60264 59909 355 (355) 863 Administration 480~8 29603 (4,026) 13 839 (13,839) ( Total 1990 306,402 341,947 59,000 23,555 (14,194) 9,361 1896 Program 961 Administration 59,100 50512 (8.588) 962 Cares 75,524 39.337 (36187) 963 Capdal Pro~ect s 85319 (85,319) Total 1996 219,943 89,849 (130,094) 1997 Program 961 Planmng & Administration 50000 50000 961 Thompson Property Acquisition 200.000 200.000 961 Dumas Bay ADA Improvements 44,838 17044 (27,794) 962 Cares 81,118 44 974 (36144) Total 1997 379,956 312,018 (63,938) t 998 Program 1961 Planning & Adm~mstration 69 167 63 384 (5783) 961 Interfund - Assisted L~stening Devise 5 000 32794 27794 ~61 Interfund - S~9nahzed Pedeslnan Crossing 44 652 14 943 )61 Intedund - Pamphlets 5000 2 739 (2.261) 161 Interfund - Domeshc V~olence Coordinator 25000 25000 ~62 Cares 32,94t 19.794 (13.147) )71 Emergency Feeding 5.000 5,000 )72 Community Health 10000 10,000 20709 4 661 25049 Total 1998 196,760 173,655 6.604 29.709 4,661 25.049 1999 Program )61 Planning & Adm*mstration 73.133 73 133 36976 36 157 )61 Intedund - Domestic Violence Coordinator 21 648 2t 648 2986 18,662 )62 CARES [M&naged by Mu~tl Se~e$1 49290 49 290 18.767 30.523 )72 Commun~y Health 12.800 12600 6300 6,300 )73 Downtown Internabonal Dlsmct i~w Char~en 99283 99 283 99,283 Total 1999 265.954 255,954 65.028 190.926 TotaICity Managed Projects $ 2.808.869 $ 2.309.746 $ (190,605) $ 309.218 $ 69.689 $ (14.194) $ 226.336 · Funds are recaptured sbec]flcally for Clty*s projects, but could be for e~ber public serv*ce or caddal projects 18 ces/Uses Beginning Fund Balance Operating Revenues Property Taxes Sales Tax Hotel/Motel Lodging Tax Criminal Justice Sales Tax Intergovernmental Real Estate Excise Tax Gambling Taxes Utility Taxes Fines & Forfeitures Building Permits/Fees-CD Pass Through Fees-CD ROW Permits/Fees-PW Pass Through Fees-PW Licenses Franchise Fees Recreation Fees Dumas Bay Centre <nut,zen Family Theatre nterest Earnings ~,dmin Fee-SWM & Solid Waste SWM Fees ~efuse Collection Fees Police Services Dther 1994 $12,18t,738 3,088,354 5,039,354 780,364 4638,980 1,111.345 250927 467,525 438674 139,749 58 430 274,805 360952 86,482 1996 ,403,627 3,106.999 5,230,851 813,960 4,381,989 801,099 266946 454694 474460 106 179 54867 286689 318,632 167281 462.016 540776 112,788 1678 350 1641557 112498 109 958 A3-rACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through September 1994 - 1999 Actuals 1996 $10,331,641 3,412,728 5,339,807 824,195 3,972,587 1,030,841 215,833 552,705, 452,675: 448,218' 151O341 46.955 303,286i 358521~ 194485! 290,329 116,172, 1603993 107876 726988 1997 1998 $10,396,188 $16,128,342 3,490,135 3,635,552 6,166,520 6,481,266 938,547 1,002,176, 3,561,826 3,665,206 1,303,310 1,750,505 254,499 249,255 2.585.674 3359813 625,968 546630 607331 736,066 136,707 208,084 46945 38,325 348,354 450,320 364.049 373,855 262283 261,854 2,293, 384,678 5956171 122,051 124,492 1,515663 1,734534 107 356 110,464 655965 127,189 684.514 1159401 1999 Revised Budget Actuals T Through ', Through Annual September September $17,264,368 6,634,350 8,605,426 65,000 1,362,747 4,576,430 1.200000 509600 4633,769 714000 853,t93 239,573 123,201 494,255 551,343 429.609 59.030 1,040,139 168.478 3,120302 148524 138432 139.765 $17,264,368 $17,264,368 3,706,823 3,706~823 6,420,311 7,110375 28,888 24,169 1,008,394 1,091,039 3385,973 3694,074 894249 1771,747 416,078 1075414 3,491851 3955.479 546632 651033 653498 1079,567 67782 175,045 166,019 46424 110400 113,158 376,622 353,299 463,869 509,655 298919 366,509 44,273 27,670 710,877 787,651 126360 126,360 1 764 758 1,764,758 111393 111515 103824 226,976 118624 118624 549889 621 464 Total Operating Revenues 19,638,694 19,491,188 20,149,228i 24,162,373 26,612,897 36,807,166 24,967,669 28,946,122 156777 289,442 171,238 150,458 344,089 194,256 831,400 941,666 559,178 598,687 2.474825 2587.241 6,197350 6115,082 470779 352584 2.391566 2324291 1866394 2045,971 572090 292707 5,789 4527 94,085 113,781 152,571 i 165,275 356,4911 416,141 171,800 I 214,017 1,082,044 1,036958 730,714 697,265 2,020,7691 1884,799 6,859,878 ~ 7281,169 439,576 505668 2,312,989: 1957245 1872,578 2,248,651 534,026 1419.374 39.4681 51,231 216,305: 402,129 164,662 42O816 313,641 1,124,794 869063 1898,946 8068230 621881 2.060,170 2280,100 1,191,458 30,005 208,668 1,071,706 1,085,943 649,943 719,379 261,775 306,348 1,026.228 1,040.824 291,906 49,901 843993 484.272 149,102 1,001,891 514,354 214,697 Operating Expenditures City Council City Manager ~m~rt Contract cipal Court-Start up ,agement Services Civil/Criminal Legal Services Comm Developement Services Police Services Jail Services Parks & Recreation Public Works City Overlay Program Snow & Ice Removal Solid Waste Hotel/Motel Lodging Tax Surface Water Management Debt Service Dumas Bay Centre Knutzen Family Theatre (1) 219,841 587,110 499,472 300,000 1,953,969 1,253,692 3,048,376 12,049,356 875000 3O65364 3,444273 2,018,311 55076 299,727 40,000 1,749,884 5,293,482 467,436 159,030 193,003 450,077 341,481 35,238 1,279,999 930,001 2,240.484 8,899723 570599 2378828 2488291 1445161 39056 212,544 1,275,918 2267,244 338,201 119.273 Variance Favorable (Unfavorable)i Dollars ($) i Percent $ 0.0% 690,06-4 0 0% 10 7% (4,719)/ -163% 82,645 82% 308,101 9 1% 877,498 98 1% 659,336 158 5%~ 463,628 13 3% 104,401 19 1% 426,069 65 2% 67782 n/a (9,026) i -5 2% 46,424 ' n/a 2~758 ! 2 5% (23,323) 1 -6 2% 45,786 i 9 9% 67,591 i 22 6% (16,603) -37 5% 76,774 10 8% ~ 00% - ' 00% 122 0 1% 123,153 1186% 0 0% 3,986,462 16.0% 166290 i 26,714 ; 13 8% 441,492 8,585 j 1 9% 290,785 50,696 148% 35,238 - i 00% 1,283,812 (3,813) -0 3% 924.175 ' 5.825: 0 6% 2,122650 ! 117,834 , 53% 8895841 ' 3,882 0 0% 1,002,515 ! (431,916) -757% 2.453,556 I (74.726) -3 1% 2333,589 154,702 , 6 2% 1,445,161 I 00% 17,263 21,793; 55 8% 170,521 i 42,023 19 8% .; . i n/a 1,135,795 ! 140,124 i 11 0% 2,267,244 ', -; 0 0% 360,012 I (21,811)i -64% 83.751,~ 36,521 29 8% i 7~,433 i 0,3% Total Operating Expenditures 17,668,280 17,796,282 18,772,633 i 20,391,690 21,661,291 37,379,400 26,606,122 26,429,689 Operating Revenues overl(under) Operating Expenditures 1,980,414 1,694,906 1,376,696; 3,770,783 4,961,606 (1,672,234) (647,462) 3,616,433 i 4,063,896 -742.3% Other Financing Sources 3 487914 2721974 7,126,596 2679352 2,679.352 0 0% Other Financing Uses 3276252 1,338 209 2708005 2011532 6,758,565 10926698 6 552 111 6552,111 0 0% Ending Fund Balance Solid Waste Snow & Ice Artenal Street Utility Tax SWM Path & Trails Strategic Reserve Debt Service r~umas Bay Centre ce t I nterfund Loans Unreserved Total Endino Fund Balance 111,484 188.505 191274 1,563848 971,893 2,016,324 1,702,890 29109 39,284 2,150560 2104.645 1,657,809 1 936991 562661 157,897 1031439 60,000 10.000 2.734105 3425506 $10,886,900 i $11,760,324 213050 103,239 362,100 1,077,666 50210 2,050477 1,618,909 115131 3 409,349 296991 294316 i 73.358 103,530 ! 470,902 477.375 2,120,030 1566,522 2.276,459 6153 12,555 2022,389 2.025.496 i 2,986,805 5,283482 ' 83,742 13,286 - 1,082,207 786,441 ' 300,000 300,000 10,000 10000 j 6,744,284 3,532,267 285,378 100,000 2,177,359 1,321,384 21,598 2,000 000 4447344 (0) 669,334 300 000 : 10,000 , 379,803 273,339 87,140 524,205 4,222,177 708,270 19552 2022,900 5110584, 1O3435 748,150 300,000: 10.000 2,768,291 ~ $ 9,000,131 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a I$16'643'363. $17'236'237i$11'712'200i$ 12'834'1471516'898,042 i $4,063,896 Note 1 These expenditures occur primarily during the winter months n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 31.7% 10/22/991139 AM · ¸2. MEETING DATE: November 2, 1999 ITEM// CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: "320th Street Annexation": Notices of Intention to Petition for Annexation Includes Jackson etition File #ANN99-0002 and Pruett etition File#ANN99-0003) .............................................................................. p. ................ .( ............................................ ). ............................ p ................. .( ................................................. CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: N/A Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Staff memorandum with exhibits. SUMMARY/BACKGROUND: On 9/15/99 and 9/30/99 the City received Notices of Intention to Petition for Annexation from Jerald Jackson and from William Pruett, respectively; for a total 21.40 acres of property, located north of South 320th Street, South of South 316th Street, east of I-5 and west of 32nd Avenue South. The Land Use and Transportation Committee reviewed the proposal at their October 18, 1999 meeting, and is forwarding a recommendation that the Council not accept the notices in light of existing code violations for clearing a large portion of the property, in and around environmentally sensitive areas, without the reouired vermits. ,, .......................................................................................... ~,XC--p-//F..~.&iiii/.i3....~:.6iiiiii~.i~-i~-//~...~.//~ ~-~.~ ~a.~-£ ~.~.:..y~ .................... CITY MANAGER RECOMMENDATA'~: That the City Council not accept the notices of intention to petition at this time, based on existing outstanding code violations, and to consider a future annexation APPROVED FOuR INCLUSION IN COUNCIL PACKET: (BELOW I0 BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # TO: FROM: SUBJECT: CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES memorandum October 25, 1999 Mayor Gintz and Federal Way City Council Lori Michaelson, AICP, Senior Planner Jackson and Pruett Notices of Intention to Petition for Annexation Agenda title: 320th Street Annexation (City File Nos. ANN99-0002; ANN99-0003) Introduction and Overview On September 15, 1999, the City received a Notice of Intention to Petition for Annexation ("ten percent petition''~) from Jerald Jackson, with supplement received on October 5, 1999 (Exhibit A). The Jackson petition involves 16.15 acres of land located north of South 320t~ 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 5.25 acres of land abutting the Jackson property to the north. The two petitions are being processed concurrently as the "320th Street Annexation," since the areas are geographically contiguous and together would result in logical and regular City boundaries. The Notices of Intention to Petition for Annexation constitute the 10% petition stage of the direct petition method of annexation under state law (RCW 35A. 14.120). The City Clerk has determined sufficiency2 of the petitions in accordance with statutory requirements (Exhibit C). For City Council consideration of the proposed annexation, 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; (F) Staff Recommended Options; and (G) Land Use and Transportation Committee Recommendation, based on the committee's review of the proposal at their October 18, 1999 meeting. The 60% petition(s), if authorized by Council and consistent with Council direction at the 10% petition stage, will go directly to the full Council, unless Council requests otherwise. I Under the petition method of annexation, a Notice of Intention to Petition for Annexation is commonly called a "ten percent petition", as distinguished from the "sixty percent petition," which is required for formal annexation. 2 As having valid signatures representing the required percentage of property value. State law requires the petitioner(s) to be thc ownerts) of no less than ten percent in value of the property to be annexed, computed on the basis of total assessed valuation of the property within thc annexation area. Land Use and Transportation Committee October 25, 1999 A. Description of Proposed Annexation Area Geographic boundaries The Jackson and Pruett annexation areas are locatcd in unincorporated King County, north of South 3 20th Street, south of South 316~h Street, between 1-5 and 32nd Avenue South, if extended (Exhibit D). The west boundaries of both areas are coterminous with existing Federal Wa5' City Limits along the east boundaD' ofI-5. The Jackson property fronts on South 320th Street, and the Pruett property abuts the north boundary of the Jackson property. Parcel-specific information The total area proposed for annexation is is 21.40 acres. The Jackson annexation area includes six tax parcels3 with 16.15 acres. The Pruett annexation area includes one tax parcel4 with 5.25 acres. Following is a breakdown of 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 9.15 092104-9316 0.35 092104-9206 0.33 092104-9140 2.28 092104-9160 1.96 092104-9187 2..08 16.15 acres (Jackson) Pruett 092104-9028 5.25 acres (Pruett) TOTAL: seven tax parcels 21.40 acres PropertF 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 32na Avenue South. Thirb,-second Avenue South is an unimproved public right-of-way and is located along the entire east boundary of both properties. Inclusion of this street in the annexation boundary is necessary for geographic continuity of the City limits. It is also a planned street in the City's comprehensive plans. Therefore, 3 Assessors Parcel Numbers 092104-9139, -9316, -9187, -9140,- 9206, -9160. 4 Assessor's Parccl Number 092104-9028. 5 Federal Way Comprehensive Plan, Transportation element. Land Use and Transportation Committee October 25, 1999 should the Council accept the proposal, staffis recommending that this right-of-way be included in the annexation boundaries (See Section F, 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 thc 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 I-5. This portion of the property also contains a very large wetland, which is located along the base of the slopes adjacent to I-5, and drains south into the Hylebos Creek drainage basin, within the existing City limits. The wetland is currently identified as a Class 2 wetland by King County.. However, it was identified by Federal Wav's recent wetland inventory6 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 Any outstanding code violations are an important factor in Council consideration of annexation proposals. No code violations are knoxvn to exist on the Pruett property at this time. However, City staff have 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. King County is investigating the code violation, with enforcement action to be determined in the near term. City staff is monitoring the case and will provide input to the county to the extent possible. B. Annexa~on Process State law provides for six different annexation methods. As with previous City annexations, this annexation petition follows the direct petition method, as outlined below: (l) A Notice of Intention to Petition for Annexation, signed by property owners in the annexation area, is submitted by the applicant(s) and determined sufficient by the City Clerk7. (2) The City Council holds a meeting and decides whether to accept the Notice of Intention, and 6 Per Federal Way draft wetland inventory, dated April 1999. 7 Under the petition method, state law requires the petitioner(s) to be the owner(s) of no less than ten percent in value of the property to be annexed. Land Use and Transportation Cornrnittee October 25, 1999 if so, under what conditions. A decision to "accept" the notice 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 point in the process. Refer to Sections E and F1 below, for Council Action Required and Staff Recommended Options. (3) If the City Council accepts the notice, the 60% petition is prepared for the applicant to circulate for signatures in the proposed annexation area. Council acceptance is a condition precedent to circulation of the petition. There is no appeal from the council decision. (4) 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. (5) After the public hearing, staff submits the Notice of Intention to Annex, and other required information, for review by the King County Boundary Review Boards. (6) The City's annexation ordinance is written to become effective upon approval or no action by the Boundao' Review Board9, with the effective date of thc annexation fixed in thc ordinance. C. Comprehensive Plan and Zoning Designations For current King County comprehensive plan and zoning designations of the 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 I-5 on the west and 32nd Avenue South on the east, are zoned Residenn'al R-4~° (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 WayMultifamilyTM zoning to the southeast. As part of the City's Year 2000 update to the Comprehensive Plan and Zoning Map, Messrs. Jackson 8 Unless the board determines, for certain proposals, that review is not necessary. See RCW 36.93.090 for statutes requiring and governing Boundary Review Board review of proposed annexations. 9 Unless the board determines, for certain proposals, that review is not necessary. The board may invoke jurisdiction and hold a public hearing on the annexation ifa request for review is subnfitted to the board, by the city, county or other governmental unit, or by petition of registered voters or property ox~ers, within 45 days of filing the notice of intention. If the board invokes jurisdiction, the board will issue a decision within 120 days of the review request and following a public hearing. If the board does not invoke jurisdiction within 45 days of receipt of the City's Notice, the proposed annexation is deemed approved. (see RCW 35A. 14.140). 1o 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. 11 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). Land Use and Transportation Committee October 25, 1999 and Pruett have requested commercial zoning for the annexation area parcels, and have indicated that they will not submit a 60% petition unless Council approves their request for commercial zoning. D. Annexation Analysis Eo 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. Whether the City Council will accept the Notices of Intention to Petition for Annexation (ten percent petitions) and authorize circulation of the sixty percent petition among property owners in the proposed annexation area. Refer to Section G, below, for staff recommended options. (The remaining decision points, below, are applicable only if Council accepts the ten percent petitions.) Whether the City Council will accept, red'ect, or geographically modify the annexation area boundaries as proposed~2. As previously noted, annexation of the Pruett property without the Jackson property would result in irregular geographic boundaries~3 and substandard access to the Pruett property. Should the Council accept the 10% petitions, a minor modification of the proposed east annexation boundary is recommended, to include 32na Avenue South, from 320~' Street South to South 316~h Street. Inclusion of 32"a Avenue South is required for contiguous and regular City boundaries, and acquisition of a future street as contemplated by the comprehensive plan. Whether the City Council 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 12 The City Council can modify boundaries at thc 10% stage, which boundaries are generally binding at the 60% petition stage. The staff report at the 60% petition stage will include the final 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. 13 Also, it is unlikely that annexation of the Pruett property by itself at this time would meet BRB decision criteria as required for final approval. Land Use and Transportation Committee October 25, 1999 established as part of the City's annual update to the comprehensive plan, and prior to submittal of any 60% annexation petition. Whether the City Council 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 bonded indebtedness is $33,110,000.TM 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 keyis advantages and disadvantages related to each option, as identified by staff. Option #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 code enforcement responsibility and timely response. 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 a request for the 2001 update. 14 Projected to 12/31/99 (per City finance division). 15 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. Land Use and Transportation Committee October 25, 1999 Option #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 ali code violations, for any parcel within the annexation area, have been fully resolved, pursuant to all applicable codes and regulations. 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. Mav 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: That the proposed annexation boundaries be modified to include 32~a Avenue South in its entirety, from South 3200` Street to the south boundary of South 3160` Street. (see Exhibit I. recommended annexation boundary). (2) That the City Council require assumption of the property's proportionate share of the City's outstanding bonded indebtedness. G. Land Use and Transportation Committee Recommendation The Land Use and Transportation Committee reviewed the proposed annexation at their meeting on October 18, 1999. The Committee recommends that the City Council not accept the current ten percent petitions, or future ten percent petitions, until resolution of all outstanding code violations. Attached Exhibits A B C D E F G H I Notice of Intention to Petition for Annexation and supplement (Jackson) Notice of Intention to Petition for Annexation (Pmett) City Clerk certification of petitions Annexation Area and Vicinity Map Assessor's parcel data Existing Structures and Natural Features Comprehensive Plan Map Zoning Map Annexation Boundary recolnmendcd by staff ~T¥ OF ~ 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 sou. 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: 1) Whether the City Council will accept the proposed annexation; 2) Whether the City will require the assumption of existing city indebtedness by the area to be annexed; and 3) 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. This page is one of the group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention.  R'S SI?¢;ATURE PRINTED NAME ADDRESS ~[.~> All-American Homes, Inc. 5~.5_~ ~05<.~-'''~ ........ ~7~rald J. Jackson, Pres. 622 S. 320th Federal Nay, DATE SIGNED 9/14/99 WA 98O03 PAGE (' E xh i b i t A ( ©1997 Thomas Bros. Maps C,,j ,,~T~ 46TH AV JS ~ ~j~ m 481H AY Exhibit A - continued All-American Homes, Inc. Annexation Request S. 320TH PAG E_.,~LOF_~~ d 0 0 0 0 .< t- O 0 0 0 0 EXHIBI~ ~ pAG E__~_OF~ ( Exhibit B - continued All-American Homes, Inc. Annexation Request A Legal Descriptions: THAT PORTION OF THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER 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 QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, LYING NORTHERLY AND EASTERLY OF THE NORTH AND EAST MARGINS OF PRIMARY STATE HIGHWAY NO. I 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. C SE t."4 =f 5-c. 9, T 21 >lorth, Rang~ a ~a~ W.:~., ;n King Co~,n~, .,- .-:.':,.r~ o'.,,.r', .,.:oa~ ~,, ,.m,~ ,:r.~ernei=2. th,: [,,u~ four D Exhibit B - continued All-American Homes, Inc. Annexation Request Legal Descriptions: E F 092104 POR 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 ALL-AMERICAN ASSOCIATES October 5, 1999 -r',,' OP FEODT4AL C~,] ~,utLDiW:.:~ DEPT. 622 SOUTH 320TH FEDERAL WAY, WA 98003 BUS.(253) 946-4000 FAX (253) 839-0326 Loft Michaelson City of Federal Way 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 I-5 and 32no 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 tong 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 with 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 of the reason that All-American HomesA Each 0ffice Is ,ndepe.dently 0wned And 0porated, Page 2 of 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 growth/development 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. EXHIBI PAG 0 To:. NOTICE OF INTENTION TO ANNEXATION PROCEEDINGS 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 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: 1) Whether the City Council will accept the proposed annexation; 2) Whether the City will require the assumption of existing city indebtedness by the area to be annexed; and 3) 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. This page is one of the group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. OWNER'S SIGNATURE PRINTED NAME 1. ~,~,,'.z,r_,_,_,_,_,_,_,_~ ~lliam Pruett Auburn, WA 98001 PAG SUPPORT FOR ANNEXATION/ COMPREttENSIVE 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 I-5 freeway and is negatively impacted by noise. 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 (32"'~ Ave. S.). It's inevitable that 32"d Ave. S. will become a through street from the location where 32''d dead-ends to the traffic light now being installed at S. 320th and 32''d 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 PAGE_ -OF EXHIBIT A f ~ -' ,/ // .:~ / /.~U/JECT PROPERTY / .:.:-r ' ..:.-' , EXHIBIT B PROPERTY INFORMATION Mail: 1) Property: 31625 32ND AVE S, AUBURN WA 98001-3102 C015 APN: 092104-9028-01 Levy Code: 3490 County: KING, WA ~' Prop Tax: $4,947.64 Census: 299.00 Tax Yr: 1998 Delinq: Map Page: 745-D4 Exemptions: R-T-S-Q: 04-21-09-SE Neighborhood: 026012 Jurisdiction: KING COUNTY School Dist: 210 Subdivision: Owner: PRUETT WILLIAM V JR PATTI A 31625 32ND AVE S; AUBURN WA 98001-3102 C015 Use: Total Value: Land Value: Imprv Value: Taxable: Assd Yr: % Improve: Phone: SFR $347,OOO $97,OOO $250,000 $347,O0O 1998 72% SALES INFORMATION LAST SALE Record/Sale Date: 01/17/1996 01/12/1996 Sale Price/Type: FULL Document #: 9601170016 Deed Type: QUIT CLAIM DEED Excise #: 1st Mtg S/Type: Rate/Type/Term: / / 1st Mtg Name: 2nd Mtg S/Type: Title Company: Sale Comments: Seller: PRUETT WILLIAM V JR #Parcels/Last Sale: 1 Nominal Info = Date: Doc #: PRIOR SALE 01/17/1996 01/12/1996 FULL 9601170016 QUIT CLAIM DEED Type: SITE INFORMATION Zoning: County Use: Improve Type: Legal Plat BkPg: Legal BIk/Bldg: Legal Lot/Unit: Land Rights: Legal: SR Lot Size: 101 Lot Area: Park Type: Park #/SF: View Type: View Quality: # BIdgs: LOT 092104 BLK28 POR OF N 1/2 OF N 1/2 OF SE 1/4 OF SE 1/4 LY ELY OF ST HVVY LESS CO RD LESS C/M RGTS A5.26 229,126 BASEMENT 33O 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: 1987 Total Rooms: 7 Bedrms: 3 Baths (Full/Hal0: 2 1 Ttl Baths/Fixt: 3 # Stodes: 1 # Units: 1 Fireplace: 1 Pool: Porch: Construct: Foundation: Ext Wall: Frame: Roof Type: Roof Math Heat Fuel: GAS Heat Type: FORCED AIR Electric: Bldg Desc Size 1ST FLR 1930 BSMT FIN 780 Comments: CNTY USE: SINGLE FAMILY RES; OTHER ROOMS: 02; HOUSE CONDITION: AVERAGE; H ,LITY: © 1996 Win2Data 2000 PAG 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, fi.om 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 of Intention 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 "320~ Street Annexation" for city identification and reference purposes, for which I then proceeded to make a determination 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. GNED and SEALED this 1 lth day of October, 1999. N. (~hristine Gr-~en, CMC City Clerk City of Federal Way, Washington Note: Staff report Exhibit A, B, and C; are 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 WtO, CiO, Clerk has complete copies of the memo and ~ EXHIBI PAGE OF A ~z 0 0 0 0 0 0 0 ,~- 0 0 00 03 0 0 ~D -0 0 0 0 0'3 0 0 ¢0 "ID LL t-- 0 0 00 (13 LI_ O0 0 0 0 0 0 0 0 C~ ._1 0 0 0 0 0 CO 0,,I 0 (33 0 PAOE ! _t I 7-I MEETING DATE: November 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT' BPA Trail Phase III Desi n CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ 749,694 Contingency Reqd: $ SUMMARY/BACKGROUND: In February of 1998, the Public Works Department contracted xvith Parametrix, Inc., to develop the trail alignment and construction documents for BPA Trail Phase III. The City lnosted two public meetings in May and June 1998 regarding the design proposals. The consultant presented three trail alignments; the community survey accepted trail alignment "A." On September 14, 1998, the Parks, Recreation, Human Services & Public Safety Council Committee approved trail alignment "A." This was also approved by Council on October 6, 1998. The trail design for Phase IIi is 95% complete. The engineer's cost estimate for construction is 5749,694. The Public Works Department recently received a Federal Enhancement Grant "TEA-21" for $629,775. The estimated City's unfunded cost for tine project is S150,000. Staff recommends allocating $48,000 from BPA Trail Phase II, and CITY COUNCIL COMMITTEE RECOMMENDATION: On October 11, 1999, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion for~varding the following recommendation to full Council: 1) accept the 1999 Federal Enhancement Grant "TEA-21" for $629,775; 2) approve tine BPA Trail Phase III final design of 95% and proceed with construction documents and public bid; and 3) recommend that Council consider funding the match requirement of $102,000 in the .....m.j..d..7.'9.!..e.p.!).!.t:!!!3...'9..u...d g£!..'.a..dj..t.!.s..t.!~3 ..e. !! !..~!)..d...!: ~.~J.}..o. 5~ ~..[ S....5...4...8.,.97.0...(?.!~..~.~ 5..Tr~ !.!..~ !3. ............................ .................................. N , .....C.!...T..Y....~ ! 3...N...A..~' .E..R....~.[.(~ ..0. }.!.~!.E.. ~ 1~ :~..'SPP [.P}..~ !...°...f....c.p..n. ?. j.!.t..e..~..?, f.9.!72 !]).~.!a.~'.a.t.! P!/: .... PACKET: LO~q [BELOIV TO BE COMPLETED BY CITY CLERKT OFFICEJ COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC~5/14/96 Item 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: October 5, 1999 Jon Jainga, Parks Planning and Development Manager Marwan Salloum, Street Systems Manager BPA Phase III, Trail Design 95% Background: Consultant: February 1998, the City of Federal Way Public Works Department contracted with the engineering finn o fParametrix, Inc., to develop the trail alignment and construction documents for the BPA Trail Corridor Phase III. Open House/Public Comments: On May 27, 1998, and June 16, 1998, the City hosted two public meeting regarding the design proposals for the BPA Trail Phase III. The city's consultant presented three trail alignments and answered questions from the community. The community survey accepted trail alignment 'A' On September 14, 1998, the City Council's Park, Recreation, Human Services and Public Safety Committee approved the trail alignment 'A' and recommended staff to proceed with the trail alignment 'A' design development phase. This was also approved by City Council on October 6, 1998. · .~ "; 'i q, .z a/ October 4, 1999, Parametrix Engineering completed 95% of the design development for the BPA Phase III Trail Corridor. The engineer's cost estimate for construction is S728;O6=t. The Public Works Department has recently received a Federal Enhancement Grant "TEA-21" for $629,775; the estimated City match for construction is $150,000. Staff will be present at the October 11 meeting to present the final design and answer questions. Right-of-way acquisition will begin in November 1999 and construction is anticipated to begin to begin in July 1999. Staff Recommendation: Staff recommends the following: 1. Accept the 1999 Federal Enhancement Grant "TEA-21" for S629,775. 2. Approve the BPA Phase III Trail final design of 95% and proceed with construction documents and public bid. 3. Recommend that Council consider funding the match requirement in the mid-biennium budget adjustment. Parks, Recreation, Human Sen'ices &* Public Safety Council Committee October 5, 1999 Page Two Committee Recommendation: Forward the following recommendations to the City Council: 1. Move to accept the 1999 Federal Enhancement Grant "TEA-21" in the amOunt of $629,775. 2. Move to approve the BPA Phase II! Trail final design of 95% and proceed with construction documents and public bid. 3. Move to recommend that Council consider funding the match requirement in the mid- dg dj m~e bienniumbu et a ust nt. APPROVAL OF COMMITTEE REPORT: ,., ~mmittee Chair ,~mmittee Member G:\CLERK\CMTE.RE(' 3111/96 Committee Member 'E MEETING DATE: November 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM ....S.U...B...~......C...T.!....D.!.v..e..r..s.!.ty.....C..o.....mmission Vac.ancy. ............................................................................................... CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: Resignation SUMMARY/BACKGROUND: Tito Hinojos has submitted his resignation from the Diversity Commission due to time constraints. His term expires 05/31/02. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Appoint Deborah Robinson, currently a Commission APPROVED~FQR- INCLUSION IN COUNCIL PACKET:' ~ )'~.,/~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # From: To: Date: Subject: Derek Matheson ChrisG 10/13/99 9:02am Diversity Resignation Chris - Below is Tito Hinojos's official letter of resignation from the Diversity Commission. I called to verify the resignation this morning; the effective date is October 5. Thanks, Derek To: Johnathan Sim/MKTG/WVUS/WorldVision@WVUS cc: derek.materson@ci.federal-way.wa.us Subject: Resignation It is with much regret that I tender my resignation as commissioner of the diversity council. Due to continuous extended activities and growth to the church where I am presently pastoring I find it unfair and strenuous to try to serve as a commissioner when other areas are also demanding of my time. I truly feel saddened that I will not be part of the new happenings that are brought about by the Diversity Commission. Tito CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Sign Program Within 320th/Pacific Hwy Construction Area CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI _ RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: SUMMARY/BACKGROUND: Staff is proposing an alternative approach to enforcing the sign code requirements to businesses within the construction area. The alternative will ensure that the city is not paying to replace newly replaced business signs when the area is ready for street construction. The LUTC reviewed the proposal at their October 18'a meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: To approve proposed plan which may require some ....e..x...P?.d.!.!.n..~.e...~.?.~..c..°...n..~.!r..u.%°..n... ~U..'..d..s..- ......................................................................................................................... ............................................... .c...I...T.X~..M....A...N..A..p..~...~.~.c....~..M`..~.M...~E...Np~.A....T.I...~...N..! ......... .a...p..~.r...~.~y~..c...~..~..n.s~Lc~.~..~.~s~s..~.~¢~.~.~..~..n. ............................. APPROVED FOR INCLUSION IN COUNCIL PAcKE-~,gq A/~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # Memorandum TO: FROM: DATE: RE: Land Use and Transportation Committee Kathy McClung, Deputy CDS Director ~.A, Ken Miller, Deputy Public Works Director October 1 l, 1999 Signs ~vithin planned right of way cor~struction areas A few weeks ago, we raised an issue concerning sign enforcement within the construction areas on 320'h 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 tin-m, 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 of 2000 on S. 320'h and summer of 2001 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 ne~v 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 Paci tic 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 of 2000. There are an estimated 30 freestanding signs within the Pacific Highway South phase 1 improvement from S 312'h St. to S 324'h 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 oxvners would ultimatelx reduce the construction costs. If the sign oxvner' docs not choose either of these options and does not remove their sign by thc sign conformance date (2/28/2000). the staff will enforce the code using standard procedures. This ma.,,, 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 xvhich would result in a delay of sign code conformance of up to 18 months depending on the sign location and its relationship to ~1~¢ above two Capital Improvement projects. 2. Authorize'thc expcnditurc of ft~i~ds 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 conformance under the sign regulations.. MEETING DATE: Ogtaher. A~,.. 1999 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: '/'-,~::,~.~ ~'~,. ~z-~ :-,'~ ~-. ~( CONSENT -~-ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Council Committee action form dated September 20, 1999: draft ordinance amendment SUMMARY/BACKGROUND: Last year, the Kikaha O Ke Kai Canoe Club of Federal Way requested that Council amendment Ordinance No. 91-82 to allow the City to consider permitting the club to hold trials and competitions on Steel Lake. On July 19, 1999, the Parks and Recreation Commission held at public meeting to take comment on the recommendation to change the ordinance. Prior to the commission's regular meeting of August 5, the Canoe Club held a demonstration of the club's outrigger canoe stopping ability and maneuverability. Public comment was taken at the meeting at City Hall following the demonstration. After thorough review, the commission moved to recommend to Council that Ordinance No. 91-82 be amended to approve the Canoe Club's use of Steel Lake for trials and competitions. The commission further requested that staff work xvith the City Attorney to draft an amendment and policy to review requests for use of park facilities for trials/competitions on a case-by-case basis. At the September 2, 1999 Parks and Recreation Commission meeting, the following amendment to the ordinance was recommended: "It is unlawful to engage in, conduct or hold any trials or competitions for speed endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park except pursuant to a permit issued by the Director. The commission recommends for trial and competition requests that the applicant complete the department's Special Events Pennit Request Form, and that this form be updated to reflect the need to review large events or events that pose a high risk to public safety for insurance. CITY COUNCIL COMMITTEE RECOMMENDATION: On September 27, 1999, the Parks, Recreation, Human Services & Public Safety Council Committee made a motion to recommend to City Council approval of the amendment to Ordinance No. 91-82, Section 1, No. 29 Trials and Competitions as presented; and recommend to City Council approval that the Special Events Use Permit as amended by the Parks and Recreation Commission be used to review requests for trials and competitions as described in Ordinance No. 91-82. APPROVED FOR INCLUSION INCOUNCIL ~ ' ~F~ /~ /~__~ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/I 4/96 Item 5A CITY OF FEDERAL WAY CITY COL~CIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE MEMORANDUM Date: From: Subject: August 26, 1999 Jennifer Schroder, Director Amendment of Ordinance 91-82/Section 1 No. 29 Trails and Competitions Background: Last year, the Kikaha O Ke Kal Canoe Club of Federal Way requested that Council amend Ordinance No. 91-82 to allow the City to consider pern~itting the club to hold trials and competitions on Steel Lake. On July 19, 1999 the Parks and Recreation Commission held a public meeting at the School District office. The purpose of the meeting was to take public comment on the recommendation to change Ordinance No. 91-82, Section 1, No. 29 Trails and Competitions, to allow for trials and competitions on Steel Lake. Approximately 100 citizens attended the meeting. Prior to the commission's regular meeting on August 5, the Canoe Club held a demonstration of the club's outrigger (canoe) stopping ability. The commission observed the canoe's maneuverability and stopping ability. Public comment was also taken at the commission's scheduled meeting at City Hall following the demonstration. After a thorough review of the public's comments by the commission, the club's purpose and objectives, insurance coverages and the demonstration of the outrigger canoes, the commission moved to recommend to Council that Ordinance No. 91-82 be amended to approve the Canoe Club's authorization to hold trials/competitions at Steel Lake. The commission further requested that staffwork with the City Attorney to draft an amendment and policy to reviexv requests for use of park facilities for trials/competitions on a case-by- case basis. Amendment to Ordinance No. 91-82/Section 1, No. 29 Trials and Competitions The intent to amending Ordinance No. 91-82, Section 29 Trials and Competitions is to allow requests for any kind of trial and competition in City of Federal Way parks and facilities be reviewed and approved only on a case-by-case basis. The commission recognized that to ensure the public's safety and appropriateness for a park to accommodate such use might not apply to all activities. Parks, Recreation, Human Sen'ices & Public Safety Committee September 20, 1999 Page Two At the Parks and Recreation Commission September 2, 1999 meeting, the following amendment to the ordinance was recommended: SECTION I, No 29 Trials and Competitions It is unlaxvfid to engage in, conduct or hold any trials or competitions for speed endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park except pursuant to a permit issued by the Director. (The proposed amendment to the ordinance is attached) Policy to Review Requests for Trials and Competitions: The Parks and Recreation Commission recommends for trial and competition requests that the applicant complete the department's Special Events Permit Request Form. The commission also recommends that this form be updated to reflect the need to review large events or events that pose a high risk to public safety to have insurance. Additionally, the form should indicate the type of permit, i.e., approved by form ora contract or Memorandum of Understanding (for example, the Federal Way Community Council is issued a MOU for Family Fest). Staff concurs with the commission's recommendations to use the Special Events Permit Request form for requests and supports the changes recommended to the form. Committee Recommendations: 1. Move to recommend to City Council approval of the amendment to Ordinance No. 91-82 Section 1, No. 29 Trials and Competitions as presented; and Move to recommend to City Council approval that the Special Events Use Permit as amended by the Parks and Recreation Commission be used to review requests for Trials and Competitions as described in Ordinance No. 91-82. I C -itte/Cha /~ommittee Member ,/) ~mit-tee M/ember ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE III OF CHAPTER 11 OF THE FEDERAL WAY CITY CODE TO PROVIDE THE DIRECTOR THE DISCRETION AND AUTHORITY TO ALLOW TRIALS AND COMPETITIONS DRAFT WHEREAS, the Git5, o fFederal Way is a non-charter code tinder the la~vs o fthe State of Washington and as such as the power to enact ordinance for the protection of the public health, safety and general welfare and for other purposes, and WHEREAS, the City of Federal Way seeks to provide at park system which includes safe and secure recreational environment, and WIdEREAS, on January 8, 1991, the City of Federal Way City Council approved Ordinance No. 91-82, adopting General Park Regulations and Provisions for Enforcement and Penalties Thereof, and WHEREAS. Section 1, No. 29 of Ordinance 91-82 prohibits any trials and competitions in any park, and '~'~q--IEREAS, on July 19, 1999, the Parks and Recreation Commission held a meeting to take public comment on changes to Ordinance No. 91-82, Section 1, No. 29 Trials and Competitions to allow the Kikaha O Kc Kai Canoe Club of Federal Way to hold trials and competitions on Steel Lake, and WHEREAS, on August 5.1999, the Parks and Recreation Commission observed the Canoe Club's demonstration of the outrigger canoe's maneuverability and stopping ability, and WHEREAS, On August 5. 1999, the Parks and Recreation Commission moved to ORD # , PAGE I recommend to the City Council that Ordinance No. 91-82, Section 1, No. 29 Trials and Competitions be amended to provide the discretion and authority to allow trials and competitions. NOW THEREFORE, the City Council of the City of Federal Way does hereby ordain as follows: SECTION 1. Amendment Section 11-91 of Article III of Chapter 11, Parks and Recreation, of the Federal Way City Code is hereby amended to provide as follows: Sec. 11-91. Trials and Competitions. It is unlawful to engage in, conduct or hold any trials or competitions for speed endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park except pursuant to a permit issued by the Director. SECTION 2. SEVERABILITY If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. EFFECTIVE DATE This ordinance shall take affect five days after its passage and publication as provided by law. SECTION 4. RATIFICATION Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # , PAGE 2 PASSED by the City Council of the City of Federal Way this ,1999. day of CITY OF FEDERAL WAY MAYOR, RON G1NTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD # , PAGE 3 CITY OF FEDF_IL&L WAY PARKS, RECREATION AND HIJMAN SERVICES DEPARTME~NT SPECIAL EVENTS PER1VIIT A special event permit is required for any community, special or private event not sponsored by the City which requires more than routine use of any i:m'k or outdoor facility. Examples of such events include, but are not limited to, outdoor weddings and receptions, Easter Egg HUnts, fun runs and athletic tournaments. Special Event Permits are available on a first-come, first- served basis and must be obtained in person from the Federal Way Recreation Division. 'Fae following fees have been established: 1. $_vecial Event - Base Size of Groul~ 50 or less 51o150 151-more $25 up to 4 hours including se~-up and clean-dp $50 up to 4 hours including set-up and clean-up $75 up to 4 hours including set-up and clean-up Admissions/Revenue When admission is charged or when event revenue~ are generated, 20 percent of total gate admission or event revenues shall be paid to the City, in addition to the standard Special Event base fee. A certified statement of total gate admissions or revenues, along with payment of 20 percent, must be submitted within 20 days of the conclusion of the event by the event repmsemtafivc. Non-profit agencies shall be exempt from this provision upon sufficient proof of the non-profit status. o o Dimqag¢ D _eposit At the City's sole discretion, a bond or cash deposii may be required as security for potential property damage or when an event requires amplification or special services by park staff. The amount of the bond or deposit will be.-determined by the City based upon past. City experience, and the type, location and si)~ of the event. Additional Charg~ Charges for additional services and/or equipment required in relation to the event may be imposed at the discretion of the City. These fees may be due upon issuance of the pen'n/t, or wt~ere charges are estimates only, billed at conclusion of event. Refu ads~ C.a acellatio nsJTmn~ers Refunds will not be nude due to inclement weather. Cancellations made 14 days prior to the event date are not subject to refund. Upon written notice of cancellation to the Federal Way' Recreation Division received 14 daYs or more prior to the event date, applicant is entitled to a 50 percent refund. Transfer~ will be accepted for a charge of $10 when 14 days or more advance notice is provided. Please allow 30 days for refund to be pmce&sed. If the City rejects the request orif for any unfore, seca circumstance the City must cancel the eve. at, a full refund General I~ovn~tion [B SU 12.nc_~ At the City's sole di~retioa, a certificate showing comprehensive general liability insurance coverage for the group-proposed event may, be required prior to approval of a Special Event Permit. Certificam of insurance must show a combined singt¢ limit of not tess than $100,000 for bodily injury, personal injury and property damage liability and must name the City of Federal Way as an additional insured. Approval Authorib, Att Special Event Permits are issued subject to relevant Federal, State and City ordinances and to the City of Federal Way Park Regulations, copies of which are available through the Recreation Division. Special Event Permits shalt be granted through the Recreation Division, under the direction of the Director of Parks and Recreation. It is the responsibility of the applicant to obtain all other necessary permits and licenses required for the desired event. Miscellan~us Special Event Permit requests will be accepted year-round for up to 12 months in advance. The special event Base fee and damage deposit MUST be paid in full at time of application. Issuance of l:W..rmit is subject to approval and may take 10-20 days to process. Due to unforeseen circumstxnces, the City reserves the right to relocate, transfer and/or cancel the special event and will provide ~ much advance notification as po. ssible. A Special Event Permit may be issued for more than four hours; the base fee wil! be adjusted accordingty. Name of Organization: CITY OF FEDERAL WAY PARKS AND ~TION DEPARI3AqeA1T SPECIAL EVENT~ PERMIT REQUEST FORM Person in Charge:_ Address: Home Phone: Person in charge at event: : Title: City: Business Phone: Home Phone: Zip: Park Area/Outdoor Facility Requested (please be specific): Date of Event: Arrival Time (includes set-Up):, Set-Up Time Required (day. & time): Leaving l'~ne (after ~ke-down): Type of Activ/ty ~ Anticipated Attendance: Equipment to be Used (PA system, etc.):. Service Required of City: Will there be aa admission fee? Yes If yes, how much? $ Is this eve~nt, or any part thereof, revenue generathng? If so, describe fully: No Yes No I, thc undeaigned, hereby request the use of the above park area and/or outdoor facility as specified and agree to abide by the City Park Regulations and by all other established regulations relating to park area/outdoor facility use and all activities talcing place in above area. I agree to keep the area in a clean and orderly coaditioa, and assume responsibility for any damages incurred by my group's activities. In ~ of injury or damage, all claims or legal actions, financial or otherwise, are waived against the City of Federal Way, its elected and appointed officials and employees, unless injury or damage is cau.~d by the sole negligeace of the City of Federal Way. I also agree to defend and hold harmless the City of Federal Way, its agents and repre, semtatives, from any and all claims which may arise from loss of or damage to property as a result of this agreement. I also understand that the Federal Way Parks and Recreation Department reserves the right to change/cancel any part of a use agreement and:related scheduled activity. Additional information may be required before permit approval. Applicant Signature Date Authorization Signature Da~ ~-tx~cial. use I/8/91 MEETING DATE: November 2. 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Emzlish Creek Project - Final Project Acceptance CATEGORY: BUDGET IMPACI: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: Memorandum dated October 1 I. 1999 to Land Use/Transportation Committee. SUMMARY/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. The Iow 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. The final project cost ~as $_6,9_ _.80. which is $347.20 belox~ the approved project construction budget. CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 18, 1999 meeting, the l,and Use and Transportation Committee forwarded to the full City Council for approval, the staff recommendation to accept the CITY MANAGER RECOMMENDATION: Approve Coundl Committee recommendation (BEL()If' TO BE CO.~,IPLETED BY ('IT)' CLERKt~ OFFl( COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCILXAGDBILLS'd ))) English Creek Final Acceptance COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF ~ DATE: TO: FROM: SUBJECT: October 11, 1999 Phil Watkins, Chair Land Use/Transportation Committee / ~1 Jeff Pratt, Surface Water Manager-~ English Creek Project- Final Project Acceptance 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 Use/Transportation 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 Iow 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 $26,932.8O Project Balance $347.20 Recommendation: Staff recommends that the following item be placed on the November 2, 1999 Council Consent Agenda for approval: Final acceptance of the completed English Creek Maintenance Project, constructed by Summit Tree Service. K:~LUTC\1999~engcrk.fnl MEETING DATE: November 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: APPEAL HEARING - BATHHOUSE LICENSE DENIAL - JOHNSTON CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS ~,_ HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum in Support of Hearing Examiner's Decision w/exhibits and Proposed Order Adopting Hearing Examiner's Decision; Hearing Examiner's Decision w/exhibits dated 9-10-99; and Transcript of License Denial Hearing of 8/26/99 SUMMARY/BACKGROUND: The Appellant, Melissa Johnston, filed an application for a Bathhouse Manager. On August 13, 1999, the Clerk issued a denial letter to the Appellant based upon an investigation which disclosed that the Appellant had made material misstatements on her application about her criminal history. On August 17, 1999, the Appellant filed a request for an appeal before the Hearing Examiner. On August 26, 1999, the Hearing Examiner heard the appeal and upheld the City of Federal Way's denial of the Bathhouse license. On September 15, 1999, the Appellant filed an appeal of the Hearing Examiner's decision with the City Clerk. City staff requests that the Council deny the appeal and affirm the Examiner. CITY COUNCIL COMMITTEE RECOMMENDATION: This appeal is a quasi-judicial matter, and therefore, did not go to committee. CITY MANAGER RECOMMENDATION: No recommendation on this matter as the Council is acting in a quasi-judicial capacity. APPROVED FOR INCLUSION IN COUNCIL PACKET:- ~f~/~k (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\agnditem\johnston.app 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE CITY COUNCIL FOR THE CITY OF FEDERAL WAY In the Matter of the Denial of Bathhouse Manager/Attendant License for Melissa Johnston, Appellant. THE CITY OF FEDERAL WAY'S MEMORANDUM IN SUPPORT OF THE HEARING EXAMINER'S DECISION INTRODUCTION Melissa Johnston filed an application for a bathhouse manager at Atarasi. The City denied Ms. Johnston's application because it discovered that she made material misstatements concerning her criminal history in the application. Ms. Johnston appealed the denial to the Hearing Examiner. The Hearing Examiner conducted a public hearing, concluded that Ms. Johnston made a material misstatement in her application in violation of Federal Way City Code ("FWCC") 9-617(2)(a), and upheld the Clerk. (A copy of the decision is attached). FACTS Melissa Johnston flied a Master License Application Supplement to work as a bathhouse manager at Atarasi. Hearing Examiner, Exhibit 1. The Criminal History Statement on the second page of the application asks whether the applicant has ever forfeited bail, been arrested, been charged with a crime, been convicted, been jailed or been placed on probation. Hearing Examiner, Exhibit 1. Ms. Johnston answered no to all. Hearing Examiner, Exhibit 1. MEMORANDUM IN SUPPORT OF HEARING EXAMINER'S DECISION- 1 FEDERAL WAY CITY ATTORNEY 33530 First Way South Federal Way. WA (~8003-5006 (206) 061-4034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 When a bathhouse application is received, it is forwarded to the Department of Public Safety to investigate the criminal history of the applicant. Upon receipt of Ms. Johnston's application, Detective John Kamiya made a local criminal history check to determine whether Ms. Johnston had any outstanding warrants or criminal convictions. Hearing Examiner Transcript ("Tr "), page 5, lines 2-3, line 10. Additionally, Detective Kamiya submitted Ms. Johnston's name in the National Triple I data base to determine whether any criminal activity had occurred in other states. "Tr", page 5, lines 11-19. The detective learned that Ms. Johnston had history of an arrest for prostitution in 1988 in Portland, Oregon. "Tr", page 5, lines 21-25. Based upon the investigation, Detective Kamiya recommended that Ms. Johnston's bathhouse license application be denied pursuant to FWCC 9-617(2)(a), a material misstatement in the application. Hearing Examiner, Exhibits 2 and 3; "Tr", page 6, lines 24- 25. page 7. lines 1-9. Pursuant to Detective Kamiya's investigation and recommendation, on August 13, 1999, the City Clerk sent Ms. Johnston official notification that her application for bathhouse manager was denied. Hearing Examiner, Exhibit 4; "Tr", page 8, lines 17-23. The basis of the decision was a material misstatement in the criminal history section of her application. On August 17, 1999, Ms. Johnston appealed the City Clerk's decision, and agreed to have her hearing before the Hearing Examiner on Thursday, August 26, 1999. Hearing Examiner, Exhibit 5; "Tr ", page 9, lines 3-20. On August 26, 1999, a public hearing was held before the Hearing Examiner. Hearing Examiner, Exhibit 6. Ms. Johnston testified that she did not intend to "deceive" the City when she answered no in the criminal history section of her application, and that previous criminal background investigations for employment did not reveal any criminal history. "Tr", page 10, lines 18-25. On September 10, 1999, the Hearing Examiner issued Findings, Conclusions and Decision ("Hearing Examiner Decision "). (See attached). The Hearing Examiner found that the facts were undisputed and concluded that the facts support that Ms. Johnston made a MEMORANDUM IN SUPPORT OF HEARING EXAMINER'S DECISION-2 FEDERAL WAY CITY ATTORNEY 33530 First Way South Federal Way. WA98003-5OO6 (206) 661-4034 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 material misstatement in her license application, which violated FWCC 9-617(2)(a). "Hearing Examiner Decision ", at 2-3. Accordingly, the Hearing Examiner upheld the Clerk's denial. "Hearing Examiner Decision ", at 3. Pursuant to FWCC 9-629, Ms. Johnston filed a timely appeal of the Hearing Examiner's Decision to the City Council. Accordingly, this matter has been placed for public hearing before the City Council on November 2, 1999. LEGAL ARGUMENT A. Scope of Review. This matter comes before the City Council in the form of an appeal. This means that the Council's review of the matter is based upon the record of the public hearing before the Hearing Examiner, and Council cannot accept or weigh new evidence. North/South Airpark Association v. Clark County, 87 Wn. App. 765,942 P.2d 1068 (1997). Rather the Council must "review the hearing examiner's factual findings for substantial evidence", and review the conclusions to ensure that they are legally correct. Christianson v. Snohomish Health District, 82 Wn. App. 284, 287, 917 P.2d 1093 (1996). Substantial evidence means that there is % sufficient quantity of evidence to persuade a fair-minded, rational person of the truth of the finding." Airpark Association, at 772. If the findings of the Hearing Examiner are supported by substantial evidence, and if the findings support legally correct conclusions, then Council must affirm the Hearing Examiner's Decision. The Council may modify or remand the matter back to the Hearing Examiner, but only if the findings are not supported by substantial evidence, or the conclusions are not legally correct. B. Standard of Decision. FWCC 9-617 provides the legal standard for denial ora bathhouse license application. The standard for a manager/attendant is set forth in subsection 2, which states: The city clerk may deny any bathhouse attendant license applied for under the provisions of chapter if the city clerk determines that the applicant has: MEMORANDUM IN SUPPORT OF HEARING EXAMINER'S DECISION-3 FEDERAL WAY CITY ATTOP~NEY 33530 First Way South Federal Way, WA 98003-5006 I2061 661-4034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) Made any material misstatement in the application for a license; or FWCC 9-617(2). (Emphasis added). C. The Hearing Examiner's Decision Is Supported by Substantial Evidence and Must Be Affirmed. There is substantial evidence to support the Hearing Examiner's findings that Ms. Johnston failed to disclose her criminal history on the bathhouse manager license. The evidence at the public hearing established that Ms. Johnston made a material misstatement in her application for bathhouse manager license. Hearing Examiner, Exhibit 1, at 2. Appellant simply denied any criminal history. Id. Detective Kamiya discovered through his investigation that, indeed, Appellant had a criminal history of prostitution. "Ir", page 5, lines 21-25. Ms. Johnston had the opportunity to explain any circumstances on the application in the section below, but she did not. Instead, she attempted to explain the circumstances after the discovery of the misrepresentation, in the hearing before the Hearing Examiner. Tr, page 10, lines 18-25. Accordingly, the Hearing Examiner found that all the facts were not disputed: Ms. Johnston has a criminal history which she failed to disclose in her application. Hearing Examiner Decision, Finding 4. D. The Hearing Examiner's Conclusions Are Supported by Substantial Evidence and Must Be Affirmed. Based upon his findings the Hearing Examiner correctly concluded that Ms. Johnston made a material misstatement in her bathhouse application, and thus violated FWCC 9- 617(2)(a). Hearing Examiner Decision, Conclusion 2. The conclusion is supported by substantial evidence as set forth above, and must be affirmed. /// /// MEMORANDUM IN SUPPORT OF HEARING EXAMINER'S DECISION-4 FEDERAL WAY CITY ATTORNEY 33530 First Way South Federal Way, WA 98003-5006 (206} 061-4034 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 CONCLUSION Because the Hearing Examiner's Decision is supported by substantial evidence and because the legal conclusions are correct, the Council should affirm the Hearing Examiner's Decision. Respectfully submitted, this 26th day of October, 1999. LONDI K. LINDELL Federal Way City Attorney By: Patricia A. Richardson, WSBA #16419 Assistant City Attorney K:\pleading\johnston.lic MEMORANDUM IN SUPPORT OF HEARING EXAMINER'S DECISION-5 FEDERAL WAY CITY ATTORNEY 33530 First Way South Federal Way. WA r}$003-5000 ( 206 ) ~o 1-40~4 · J'~' 33530 1ST WAY SOUTH · FEDERAL WAY, WA 98003 MASTER LICENSE USI NtJ~BE R ICILY LICENSE NUMaER APPLICATION SUPPLEMENT (For Liquor, Gambling, Adult Entertainment, Massage or Bathhouse Activities.) · Please type or print clearly in dark ink. Complete all spaces or print N/A in spaces that do not apply. Business Activities Include: ( please mark all that apply) [] Liquor Iq Adult Entertainment (Business, Manager, Entertainer) [] Gambling [] Massage (Business, Manager, or Practitioner) Bathhouse ' ' -~ (Buslness~ttendant) SECURITY NUMBER: PREVIOUS SC)Ct,M. SECURITY NUMBER: PORT O¢ ENTRY: II)ATE O¢ ENTRY: (M,:~th. Day a/.,ct y~) [ ~.. ,.. ..,.,. ........ ,. [.!;t a~ r,':'..:,''.", cf ,:: .';:f...',..:~ !.:: ::'e last 10 years. Ust current residence first, ff more space is needed attaoh ~$1'2'=,,NC£ I.,qFOR:V. ATiON I ;~:~.'.::~,:'i::..:.'-..:'.e:,; ,,'..",: "< '.: ":'::' D~I,~,~ From -To: STR£ET ADORE%S: / D~ From. To: From. To CITY 'TRY: J ZIP ~: lSTATE OR CCXj¢4TRY: I ZiP APPUCANT: KEEP PINK COPY. I.J.,, (.., ..,.,); .................. ,, .)) ........ t.,,,..,,.¥ .,::.,~,a., t.,h.,,'O,oyment and school attendance for the last 10 years. ": ":'"" .L....,~__'~:'~,_".,.'LT._ :.._. ), ,,.~,..,, ,,;:;.......,.: :., ,.,,,,:..::>,:. :.:::.?:~., ;...3::..~.::..:~,: ,,~,.~.:.::, ,,, s,~,,t.,. am F,rom- To: FTI~'LE" "' I$;UPERV1SOR: - 5.eYE R.~CH(~OL: - To: TITLE: Ekt PtOYE R,'SCNOQL: Co/ L: . .. E ~ Pt. oY~ R/SC. HOOL: ~~ El,~ PLOYE ~CHOOC: ......~- List any business licenses that you have ever held, currently applied for, or have been denied/revoked/suspended in any other city or state: ~YPE OF UCENSE LICENSE NUMBERS JURISDICTION ~ U $1N-~-~ 'NA M'~'~ DATE ISSUED J CURREN'T STATUS ,CRIM!NAL . HISTORY ~,......STATE.I',~E;;T H. av~ you e~ (as a juvenile or an ~ull): 1. Fod, eimd ~i) or pa~ a lir~ over $25 {ind. lrafBc lines)? 4.Been o:mvicted? 2. ~,~,~,~? 5.~,-,j~,~? UI YES 3. ~n ~d ~ a ~? 6. ~n ~a~ on ~? You must ~r ~' U any o( ~ ~ ~ ~d, ev~ if ~ ~ d~, 4e~ ~ ~n~. ~n ea~ ~ FJlIy bo~w a~ arJ~ s~o~ ~eu ~ ~d. Fa~a ~ i~p~ ~fo~on ~y m~ in ~I ~ o~ r~on of a ~. DA TE CHARGE. D DATE I cer~b' u:-der pe~a~f of ~cjur7 ~a[ all an-s',~ers and sm. tements are ~e, c.:nt:~ and complaN,. I understand that un~ a.qsw~;s ~r~ cause lot d~r'~t of a iic~n.~ and/or mvoca6on el an)' tic.~-t.~ grant=cl. I h~eby authorize inves~a~ f.r~anc~31 t~aords at~ o~"er souo:.es as rec~ar)' for Ecan.~r~. I, _Hplylng for gz]tnbll[]~ Iicef)~e, o,5~cted chief executive officer or employer must sign below: APPLICANT: KEEP PINK COPY. FEDERAL WA Y DEPARTMENT OF PUBLIC. SAFETY 34008 9th A ye. South, Federal IVay, I4/A 98003 _[z~ ,_ C ~ I \f~ D LICENSE APPLICATION RECONMENDATION Applicant Name: (_//o&/~_~/vS:. _//.C/Ed-/~5 ~ /57' Date: [] ENTERTAINER LICENSE [] MANAGER LICENSE [] Recommend License Approved j S~' Recommend License Denied Comments: ,/] /~/~ / & 4/v'7' [] MASSAGE LICENSE.~BATHHOUSE LICENSE [] BUSINESS, V""LICEN'-qFc-'N~IE C FI VE D MANAGEMENT SERVICES CI~ OF FEDERAL WAY § 9-616 (c) FEDERAL WAY CITY CODE Written proof that the applicant is 15 years of age or older. Written proof shall mean the following: (i) A current motor vehicle operator's li- cense by any state bearing the appli~ cant's photograph and date of birth: or A valid identification card issued by the State of Washington which bears the applicant's photograph and date of birth; or (a) (ii) (d) Had a bathhouse license denied, revoked or suspended by the city, or any other juris- diction within five years prior to the date of such application. (2) Bathhouse manager/attendant license. The city clerk may deny any bathhouse attendant li- cense applied for under the provisions of this chap- ter if the city clerk determines that the applicant has: Made any material misstatement in the ap- (iii) A current passport. (d) The mailing address and street address of all places within the City of Federal Way at which the bathhouse manager or attendant will provide services. The bathhouse man- ager or attendant shall notify the city clerk, in writing, of any changes in, or additions to, the location of such ser~dces within 14 days of any such change or addition. (3) Background checks. All applications submit- ted pursuant to this chapter will be submitted to a background check in accordance with the pro- ~edures of the Federal Way Police Department. Ord. No. 95-230, § 1, 3-21-95) Sec. 9-617. Standards for denial of applica- tion for license. (1) Public bathhouse license. The city clerk may deny any public bathhouse license request if he or she determines that the applicant has: (a) Made any material misstatement in the ap- plication for a license; (b) Proposed a place of business or operates a business wh/ch fails to comply with all ap- plicable requirements of this Code includ- ing without limitation the zoning, building, health and fire codes and all other applica- ble local, state, or federal laws, rules or reg- ulations; Had any conviction.* which have a direr: connection with the licensed activity includ- ing, but not limited to, theft, promotion o~' permitting prosLitution, sexual offenses, con- sumer fraud, massage practitioner, mas~ sage manager amd/or public bath}muse man- agerlattendant violation, or obscenity, within tire years prior tr; the date of application; plication for a license; or (b) Not complied with the operating require- ments set out in sections 9-651, 9-652 or any other requirements of this chapter. (c) Had any convictions which have a direct connection with the licensed activity includ- ing, but not limited to, theft, prostitution, sexual offense, consumer fraud, massage practitioner, massage manager and/or bath- house manager/attendant ¼olation, or ob- scenity, within five years prior to the date of application; (d) Had a bathhouse manager or attendant li- cense denied, revoked or suspended by the city or any other jurisdiction within five years prior to the date of application; or (3) Effect of license denial. If any applicant has a license denied based upon a conviction classified as a felony, or any other non-felony convictions, pursuant to this section 9-617, a license shall not be granted within five years from the date of such denial. If any applicant has a license denied for any other reason, a license shall not be gTanted within three years from the date of such denial. (Ord. No. 95-230, § 1, 3-21-95) Sec. 9-618. Standards for suspension or re- vocation of license. (1) Public bathhouse liceuse. The city clerk may revoke or suspend a public bathhouse license if he or she determines that the licensee has: (a) Failed to comply with sections 9-651, 9-652 or any of the other requirements of this chap- ter; or (b) Failed to comply with the applicabl'e build- lng, health, fire and/or zoning code provi- (' 33530 1ST WAY SOUTH CERTIFIED MAIL- RRR August 13, 1999 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Melissa Johnston 7525 9m Ave E, #D-301 Tacoma, WA 98404 Re: Public Bathhouse Manager/Attendant License Application Dear Ms. Johnston: Pursuant to Federal Way City Code (FWCC) Article X. Bathhouses, your application as a public bathhouse manager/attendant is hereby denied. This denial is based on FWCC Sec. 617(2)(a). The effect of such license denial is set forth under FWCC Sec. 9-617(3). In the event you ignore tiffs license denial and provide any services within the City of Federal Way, FWCC,~ec. 1-13 states, unless otherwise provided, any person violating any of the provisions o.r_.~ling to comply with any of the mandatory requirements of the City Code shall be guilty of a misdemeanor, and upon: conviction thereof shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period of not more than 90 days or by bom such fine and imprisonment. Each and every day during which a violation of any of the provisions of this code or the ordinances of the city is committed and continues shall be deemed to be a separate offense. In addition, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city clerk. All civil penalties assessed will be enforced and collected with the procedure specified under this article. Any appeal of this denial must be fi/ed with the City Clerk within ten (10) days from the date of delivery of this notice or as deemed received, pursuant to FWCC Sec. 9-622. I have enclosed a copy of pages 559-567 of the city code as informational. '~r), tr~'['y '~ours, / - /! - // N. Christine Green, CMC City Clerk (253) 661-4070 75t~cloxt~re c: Sue A~__O3.~pesrm.ca~/( ¢.ner, Ararr2si Spa - Certified RRR l~r~lltr, barh WAr SOUTH (253) 661-4000 FEDERAL WAY, WA 98003-6210 CERTIFIED MAII.- RRR August 17, 1999 Melissa Johnston 7525 9m Ave E,/t'D-301 Tacoma, WA 98404 Re: Bathhouse Manager/Attendant License Appeal Hearing Dear Ms. Johnston: This will confirm your requested license denial appeal hearing has been scheduled for Thursday, August 26, 1999, at the hour of 3:00 p.m., in Council Chambers, City Hall, 33530 First Way So, Federal Way, Washington. Very truly yours, Terrance McCarthy Hearing Examiner cc: City Clerk City Attorney Police Department 1 2 3 5 6 7 8 9 10 11 12 13 14 5 16 17 18 19 20 21 22 23 24 25 26 27 8 BEFORE THE CITY COUNCIL FOR THE CITY OF FEDERAL WAY DRAFT In the Matter of the Denial of Bathhouse Manager/Attendant License for Melissa Johnston, Appellant. ORDER ADOPTING HEARING EXAMINER'S DECISION THIS MATTER came before the Federal Way City Council on November 2, 1999, on Appellant Melissa Johnston's appeal from the Hearing Examiner's decision upholding the City of Federal Way's denial of a Bathhouse Manager/Attendant License for Melissa Johnston. The City Council, having fully reviewed the record and having listened to further oral argument by representatives of the City and the Appellant during public hearing on November 2, 1999, hereby Orders that the Findings of Fact, Conclusions of Law and Decision made by the Hearing Examiner in his August 26, 1999 Decision, be adopted by reference and that Appellant's Application for a Bathhouse Manager be denied. EFFECTIVE THIS 2nd da3; of November, 1999. APPROVED AS TO FOP, dM: Londi K. Lindell, City Attorney K:\pleading~johnston.ord ORDER ADOPTING I-tt:b\I>,ING EXAMINER'S DECISION-1 Ron Ointz, Mayor EDERAL WAY CITY A'FrORNEY 33530 Firsl Way South Federal Way, WA 98003-5006 (206) 661 ~O34 Page- 1 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: DENIAL OF THE PUBLIC BATHOUSE MANAGER/ATTENDANT LICENSE FOR MELISSAJOHNSTON, ) ) ) ) ) ) I. SUMMARY OF APPEAL The appellant is appealing the decision to deny her a public bathhouse manager/attendant license. II. PROCEDURAL INFORMATION Hearing Date: August 26, 1999 Decision Date: September 10, 1999 At the hearing the following persons presented testimony, argument, and evidence: 1. Pat Richardson, Assistant City Attorney, City of Federal Way 2. Chris Green, City Clerk, City of Federal Way 3. Officer John Kameya, Detective, City of Federal Way 4. The Appellant, Melissa Johnston At the hearing the following exhibits were admitted as part of the offficial record of these proceedings: 1. Master License Application Supplement 2. License Application Recommendation 3. Federal Way City Code 9-617 ¢ Page - 2 Letter dated August 13, 1999 denying Public Bathhouse license Appeal of Melissa Ann Johnston Letter dated August 17, 1999 to Melissa Johnston from Terrence F. McCarthy confirming date of appeal III. FINDINGS The Hearing Examiner has heard testimony, admitted documentar7 evidence into the record, and taken this matter under advisement. Appellant, Melissa Johnston, appeals the decision of N. Christine Green, Federal Way City Clerk, denying her a public bathhouse/attendant license because of her failure to disclose in her application that she had been arrested for prostitution in Portland, Oregon in 1988. Section 9-617 contains the standards for denial of an application for license. Section 9-617(2)(a) provides in part that: The city clerk may deny any bathhouse attendant license applied for under the provisions of this chapter if the city clerk determines that the applicant has: (a) Made any material misstatement in the application for a license; There is no contest as to the facts. The appellant states that she did not realize that she had been arrested. She thought she had only been detained and did not realize that it was an actual arrest. She has had FBI background checks in the past which have not disclosed this arrest. She asked that she be given the benefit of the doubt. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider appeals or denials of licenses. Page - 3 Based upon the testimony of N. Christine Green and the appellant the City has ¢leady established that the appellant has an arrest record which was not disclosed which is a material misstatement in the application for license. DECISION: The appeal of Melissa Johnston of the denial of her request for a bathhouse manager/attendant license by the Federal Way City Clerk is hereby denied. The denial of this license shall be for a period of not less than three years pursuant to Section 9-617(3) of the Federal Way Code. The Hearing Examiner can find no justification for giving the appellant the benefit of the doubt. DATED THIS //""V-DAY OF September, 1999. TRANSMI'I-I'ED THIS DAY OF September, 1999, to the following: APPELLANT: Melissa Johnston 7525 9"' Ave. E., #D-301 Tacoma, WA 98404 Melissa Johnston City of Federal Way c/o Chris Green 7525 9th Ave. E., #D-301 33530 First Way S. Tacoma, WA 98404 Federal Way, WA 98003 LICENSE AND BUSINESS REGULATIONS The decision of the hearing examiner is final unless appealed within 14 days to the city council by filing such notice of appeal with the city clerk within the required time period. 3530 IST WAY SOUTH ' FEDERAL WAY. WA 98003 U81NU~ER IClTYUCENSENUMeER MASTER LICENSE APPLICATION SUPPLEMENT (For Liquor, Gambling, Adult Entertainment, Massage or Bathhouse Activities.) . Please type or print clearly in dark ink. Complete all spaces or print N/A ~ spaces that do not apply. Business Activities Include: ( please mark all that apply) FI Liquor FI Gambling FI Massage (Business, Manager, or Practitioner) '~ PERSONAL o ,'~ i ,..1~,,~- h I.'. :J j..?'~'~'::'".~.:J-'..:-2.'...; 21. Z'.~.'..'.: ,..:..",- ; }J ............. 8U,.~NES~ LOCATION ADORESS; S~-.~I ~ P,o~I~ j' J C~ I ~1 A: FI SOLI: P ROP~k.CTOR FI CORPO~TF OR:~-~:R STOCKHOLDER (10% of' m~'e) 1~.,4~g~N AG ER 0 F-~TERTAIN ER PREY $OCI,~L SECURrrY N~MBER: .E~ COLOR: J DRIV'ER"~ LICENSE I',~J~BER A,htO STATE OF I:S5~E: /blL~ 'J~ Ohm ,q~F_ ~ L'/~D PORT OF ENTRY: J O~TE Oi:: ENTRY: (Mo~h. D.~y ~ Y~.,') I ~ ~ i ~ ................... .'i '-, -,..=,,d ~,-'1 ' l" ...... (l'' .............., .,.'.e... ., f,x ,,he last 10 years. Ust cu~Tent residence first ff more space is needed, attacfl ,-"~l~.-'-hC-'-...h,,,-Orl:,~/~ i h.,,,, a:Y.:.t!c.n::! .,::'::..':'.; ,,'~ ~,:~';'-? '.,:.'x':.'~t. STREET ADO RE S~: C~,,~ F~m - To: 0~ Fr~-n - To: Da4~ F~ - To: C~I-~ Fm~n - To J COUNTY: , STATE OR ~TRY: CITY: I STREET ADO RE 5.S: / ~// ~ ~lb-''-~ ~¢. C7. ~ ~ ~-16~ STREET ADCN:~ SS: STREET AC)ORES. S: " APPUCANT: KEEP PINK COPY. ?i!::!'.!!'?::.','.:.... . , ER APPLICATION S(' PLEMENT ;,.,~?'-,,/..?;.' .. :.:~,,,..~-...-, ............ -- . 0 ,, )!...,,..., ,, ,;,,, ~; ...: ....... . ,° .... .... . · ~"" ..... ;,~,~,',,~,,,m.~'r.... u~q'rC~V. '] t J.,, ~.r,~, .,,~ ................ ~,,.,~r ........ n.,,,,...r~ service, unemployment and school attendance for the last 10 years ~[.~,~.,.~,.,, ,. ~,,,,..,,: =., ,..,.,. J h ~,xxe spa,.',. ~., h,.,.,,::.,, ,,..,.;h ,.'.kJ.t:o:)a. sheets m same format. SUPERVISOR: E~PtOY~RzSC~3OL: / ~ List any business licenses that you have ever held, currently applfed for, or have been denied/revoked/suspended in any other city or state: TYPE OF UCENSE LICENSE NUMBERS JURISDICT]ON BUSIN'~'N~ DATE ISSUED CURRENT STA'TU$ ., .... ----7 H~ve you ever (as · juvenile or an re, dull): 1. Fod~i~ed b~il or pa'd a fi~ o~ $25 Ond. t~ lines)? 4. Been ~4c~? 3. ~n ~ ~ a ~? 6. ~n Ha~ on ~? You must ~r ~' E any ~ OATE~R~-~EO STA~ DATE I c~r~,'7 ur,,c~r per~.,, el p~dury ~"at a~ a~rs a~ sub~n~ are ~e. ~ ~ ~le~. I u~ ~t u~M ~ ~ ~1 r~s a~ o~r ~u~ as ~ for ~. Il ~/plylng for g,wr~blhLq license, ol2ctod chief executive officer or employer must sign De/ow: APPUCANT: KEEP PINK COPY. File// Applicant Name: ( FEDERAL WA Y DEPARTMENT OF PUBLIC. SAFETY 34008 9th Ave_ Soutlt, Federal If'ay, WA 98003 LICENSE APPLICATION RECOMMENDATION Reviewed by' ~. _/o/:/~_ .~,, _,~f~_~ / ~ 5 .~ [] ENTERTAINER LICENSE [] MANAGER LICENSE Recommend License Approved [] /~ Recommend License Denied MANAGEMEN-F SERVICES CITY OF FEDERAL WAY Comments: ..d/h'~/d,4/v'7' g>ov/c'-r_3 /;&,qh~:/~ ,sr~=/_ __~/¢/ew~-~7-~_o ,4~.4o .. § 9-616 (c) FEDERAL WAY CITY CODE Written proof that the applicant is 18 years' :~! ~ (di' 'Had a bathhouse license denied, revoked or of age or older. Written proof shall mean suspended by the city, or any other juris- the following: diction within five years prior to the date of (il A current motor vehicle operator's li- cense by any state bearing the appli- cant's photograph and date of birth: or (ii) A valid identification card issued by the State of Washington which bears the applicant's photograph and date of birth; or (iii) A current passport. (d) The mailing address and street address of all places within the City of Federal Way at which the bathhouse manager or attendant will provide services. The bathhouse man- ager or attendant shall notify the city clerk, in writing, of any changes in, or additions to, the location of such services within 14 days of any such change or addition. (3) Background checks. Ail applications submit- ted pursuant to this chapter will be submitted to a background check in accordance with the pro- cedures of the Federal Way Police Department. Ord. No. 95-230, § 1, 3-21-95) Sec. 9-617. Standards for denial of applica- tion for license. (1) Public bathhouse license. The city clerk may deny any public bathhouse license request if he or she determines that the applicant has: (al Made m~y material misstatement in the ap- plication for a license; (b) Proposed a place of business or operates a business which fails to comply with all ap- plicable requirements of this Code includ- ing without limitation the zoning, building, health and fire codes and all other applica- ble local, state, or federal laws, rules or reg- ulations; (c) Had any convictions which have a direci connection with the licensed activity includ- ing, but not limited to, theft, promotion or permitting prostitution, se×ual offenses, con- sumer fraud, massage practitioner, mas- sage m:mager and/or public bathhouse' man- ager/attendant violation, or obscenity, within five years prior [o the date of application; such application. (2) Bathhouse manager/attendant license. The city clerk may deny any bathhouse attendant li- cense applied for under the provisions of this chap- ter if the city clerk determines that the applicant has: (al Made any material misstatement in the ap- plication for a license; or (b) Not complied with the operating require- ments set out in sections 9-651, 9-652 or any other requirements of this chapter. (c) Had any convictions which have a direct connection with the licensed activity includ- ing, but not limited to, theft, prostitution, sexual offense, consumer fraud, massage practitioner, massage manager and/or bath- house manager/attendant violation, or ob- scenity, within five years prior to the date of application; (d) Had a bathhouse manager or attendant li- cense denied, revoked or suspended by the city or any other jurisdiction within five years prior to the date of application; or ('3) Effect of license denial. If any applicant has a license denied based upon a conviction classified as a felony, or any other non-felony convictions, pursuant to this section 9-617, a license shall not be granted within five years from the date of such denial. If any applicant has ~ license denied for any other reason, a license shall not be ~n-anted within three years from the date of such denial. (Ord. No. 95-230, § 1, 3-21-95) Sec. 9-618. Standards for suspension or re- vocation of license. (1) fhzbl~c bathhouse iicensc. The city clerk may revoke or suspend a public bathhouse license if he or she determines that the licensee has: (al Failed to comply with sections 9-651, 9-652 or any of the other requirements of this chap- tcr; or (b) F:~iled to comply with the applicabFc build- lng, health, fire and/or zoning code provi- F, upp No S 562 33530 1ST WAY SOUTH CERTIFIED MAIL - RRR August 13, 1999 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Melissa Johnston 7525 9~ Ave E, #D-301 TacOma, WA 98404 Re: Public Bathhouse Manager/Attendant License Application Dear Ms. Johnston: Pursuant to Federal Way City Code (FWCC) Art/cie X. Bathhouses, your application as a public bathhouse manager/attendant is hereby denied. This denial is based on FWCC Sec. 617(2)(a). The effect of such license denial is set forth under FWCC Sec. 9-617(3). In the event you ignore this license denial and' provide .any services within the City of Federal Way, FWCC Se~.ll~-13 states, unless otherwise provided, any person violating any of the provisions or f~ to comply with any of the mandatory requirements of the City Code shall be guilty of a misdemeanor; and upon: conviction thereof shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period of not' more than 90 days or by bofft such fine. and imprisonment. Each and every day durin~ which a violation of any of the provisions of this code or the ordinances of the city is committed and continues shall be deemed to be a. separate offense. In addition, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city clerk. All civil penalties assessed will be enforced and collected with the procedure specified under this article. Any appeal of this denial must be filed, with the City Clerk within ten (10) days from the date of delivery of this notice or as deemed received, pursuant to FWCC Sec. 9-622. I have enclosed a copy of pages 559-567 of the city code as informational. ~'['~ours, N. Christine Green, CMC City Clerk (253) 661-4070 /;nclosure c.' Sue ,.Inn Sp_25~,nanl()wner, Atar(:si Spa - Cert~ed RRR lrrsll~r, bath s3s3o STWA',' souT. (263) 661 FEDERAL WAY, WA 98003--.6210 CERTIFIED MAIL - RRR August 17, 1999 M2elissa lolmston 7525 9~ Ave E,/rD-301 Tacoma, WA 98404 Re: Bathhouse Manager/Attendant License Appeal Hearing Dear Ms. Johnston: This will confirm your requested license denial appeal hearing has been scheduled for Thursday, August 26, 1999, at the hour of 3:00 p.m., in Council Chambers, City Hall, 33530 First Way So, Federal Way, Washington. Very truly yours, Terrance McCarthy Hearing Examiner cc: City Clerk City Attorney Police Department CITY OF FEDERAL WAY, WASHINGTON In re: MELISSA JOHNSTON HEX 99-12 August 26, 1999 LICENSE DENIAL APPEAL HEARING APPEARANCES: Hearing Examiner: TERRENCE F. McCARTHY Attorney at Law 902 South 10th Tacoma, WA 98405 For the City: PATRICIA A. RICHARDSON Assistant City Attorney 33530 1st Way South Federal Way, WA 98003 Federal Way, Washington August 26, 1999 Robert H. Lewis & ~4ssociates Certified Court Reporters 5113 Pacific Highway East Fife, Washington 9842~-2639 Tacoma: (253) 952-2030 * Toll Fr~: 1-877-952-2030 Reported by Robert H. Lewis CSR#LEWlSRtt561LN EXAMINATION INDEX Examination of Officer John Kamiya By Ms. Richardson Examination of Chris Green By Ms. Richardson Examination of Melissa Johnston By Judge McCarthy By Ms. Richardson By Judge McCarthy Page 3 8 10 11 12 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 EXHIBIT INDEX Master License Application Supplement 4 License Application Recommendation 6 Federal Way City'Code 6 Certified letter dated August 13, 1999 to Melissa Johnston 8 Handwritten appeal 8 Certified Letter 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE McCARTHY: attendant license for Melissa Johnston. afternoon; are you Melissa Johnston? MS. JOHNSTON: Yes. JUDGE McCARTHY: proceed today? MS. JOHNSTON: JUDGE McCARTHY: City. This is the bathhouse Good Are you ready to Yes. I'll hear from the MS. RICHARDSON: Thank you. The City would call Officer Kamiya. OFFICER JOHN KAMIYA, having been first duly sworn by the Judge, testified as follows: EXAMINATION BY MS. RICHARDSON: Q A Q A Q Could you state your name for the record, please? My name is John Kamiya, K-a-m-i-y-a. And what is your position? I'm a detective with the City of Federal Way Department of Public Safety in the Support Services Unit. How long have you been an officer? The total number of years is approximately nine years. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And what are the duties that are related to this appeal? My assignment currently is to do background investigations on business license applicants. I would ask that this be marked as an exhibit. (Exhibit 1 marked for identification) JUDGE McCARTHY: Exhibit Number 1 is? MS. RICHARDSON: The master license application supplement. JUDGE McCARTHY: It will be admitted into evidence. (By Ms. Richardson) I'm going to ask you to identify Exhibit 1. Exhibit 1 is the master license application supplement. JUDGE McCARTHY: Supplement? THE WITNESS: Yes, sir. (By Ms. Richardson) And it is two pages? Two pages, the second one being the master application supplement with the employment history and criminal history statement information. What is the name on that application? The applicant's name is listed as Johnston, last name; first name, Melissa; middle, Ann. When you receive an application what do you 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A normally do? I normally run the warrants check and also the criminal history along with the driver's license information. And in this particular case what background investigation did you do? I'm sorry, could you rephrase the question? For Ms. Johnston what background inquiries did you make? I made local criminal history check as well as National Triple I. We just call it the Interstate Identification Index. And what did you discover when you did this background check? Upon running her name through the computer check for Triple I it returned with an FBI number under the name of Melissa Ann Johnston with a date of birth of July 4, '68, and the same social security number as the application indicated. Were there any outstanding warrants? There was no warrants. However there was a criminal history record out of Oregon, the State of Oregon. And what is that history out of Oregon? There was an arrest for prostitution in 1988; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A Q A Q A however, there was no given disposition on this case, so no further check was required by me. Did you contact the agency in Oregon? No, I did not, there was no need for that because the dates shown on this arrest was January 7th of 1988 which would have been far past the five year period for the city code to be in effect. Mark this as an exhibit. (Exhibit 2 marked for identification) (By Ms. Richardson) I'm going to hand you Exhibit 2 and ask you to identify that. Exhibit 2 is the license application recommendation which is filled out by myself and forwarded to the City Clerk's Office for their review on my decision of whether yes, this application is denied or approved. I'm going to ask that this be marked as Exhibit 3, and ask you to identify Exhibit 3. (Exhibit 3 marked for identification) Exhibit 3 is the Federal Way City Code 9-617, standards for denial of application for license. Looking at Exhibit 2 then, what was your recommendation on Ms. Johnston? My recommendation as shown on this Exhibit 2 was to deny the license for application, application 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A CHRIS GREEN, for license, I'm sorry, based on the applicant checking no under criminal history statement and denying any criminal history. Under Exhibit 3, the Federal Way City Code, what section is that? And I denied this application for Section 9- 6172(a) which states, quote, made any material misstatement in the application for a license, end quote. And just so we're clear, what is in your opinion the material misstatement on the application? I understand it to be pertinent information, facts about an individual, information which is required on the application. MS. RICHARDSON: I don't have anything further from O~fficer Kamiya. JUDGE McCARTHY: questions? Do you wish to ask any MS. JOHNSTON: No; I would like to say something, though. JUDGE McCARTHY: Anything else? MS. RICHARDSON: I would like to call the City Clerk, Chris Green. having been first duly sworn by the Judge, testified as follows: 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. RICHARDSON: A Q A Q EXAMINATION Could you state your name for the record, please? My name is Christine Green, G-r-e-e-n. And what is your position? I'm the City Clerk for the City of Federal Way. And what are your duties as they relate to this appeal? My duties related to this appeal would be to review the application once it's been received back from the police department with a recommendation of approval or denial. Mark this as an exhibit, please. (Exhibit 4 marked for identification) (By Ms. Richardson) Handing you what has been marked as Exhibit 4, can you identify that? Yes, it's a certified letter that I mailed on August 13th to Melissa Johnston; the address is 7525 9th Avenue East, No. D-301, Tacoma, Washington. The letter deals with her public bathhouse manager attendant license application, and in that letter I denied her application based on Federal Way City Code Section 9-617-2(a). Ask that that be Exhibit 5. (Exhibit 5 marked for identification) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Q A Q A (By Ms. Richardson) Handing you Exhibit 5 can you identify this document? Exhibit 5 is a handwritten appeal from Melissa Johnston before the Hearing Examiner, City of Federal Way, the Appeal of Melissa Ann Johnston. I made no misstatement in the application for a license. I've also had an FBI background check so I know it's not a problem with a felony. I have documentation of everything that was wrote on my application and would be more than happy to show proof to an examiner. Thank you, Melissa Johnston. Ms. Johnston came into the office and I had told her that we have hearings scheduled for today's date, would she like to have her appeal heard at that same time since we were getting close to our ten day requirement for notice. She agreed to that and I had her indicate on the 17th of August, in her handwriting, I agree to have my appeal heard on Thursday, August 26th at 3:00 p.m. (Exhibit 6 marked for identification) Handing you Exhibit 6, I'll ask you to identify that. On August 17th I sent a certified letter to Melissa Johnston, same address, confirming that 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 her requested license appeal, denial appeal hearing has been scheduled for Thursday, August 16th at the hour of 3:00 p.m. in council chambers. further. MS. RICHARDSON: JUDGE McCARTHY: questions of this lady? MS. JOHNSTON: JUDGE McCARTHY: the City? ma'am. LISSA JOHNSTON, MS. RICHARDSON: JUDGE McCARTHY: JUDGE McCARTHY: MS. JOHNSTON: The City has nothing Do you have any No. Anything further from No, thank you. I'll hear from you, having been first sworn by the Judge, testified as follows: Proceed. I was not trying to deceive, I did not know that I had an arrest until I spoke with Christine, Ms. Green. I've had FBI background checks from '90 and they showed nothing. I thought I was detained and let go and sent back to Washington to my parents in '88 when this happened, so I've gone 11 years not knowing that I had an arrest in Oregon and I just ask that 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my appeal be looked at again. ago? JUDGE McCARTHY: MS. JOHNSTON: JUDGE McCARTHY: How old are you? I'm 31. This happened 11 years MS. JOHNSTON: Yes, it did, in '88, and I didn't know it was an arrest because I went to the police myself. JUDGE McCARTHY: blow back? you do? Why have you had an FBI MS. JOHNSTON: For my job. JUDGE McCARTHY: What kind of jobs do MS. JOHNSTON: I work at a hospital and they've all come back saying I have no criminal background. - JUDGE McCARTHY: from the City? MS. RICHARDSON: couple of questions. EXAMINATION BY MS. RICHARDSON: Q A Thank you. Anything I'd like to ask a How long have you worked in a hospital? I've worked since April but I've been working at another one in December, but the last time I had 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 an FBI background check was in '90. So when did you work at St. Francis? A In April and I was working at St. Joe's in December. Q When you say you didn't know that you were arrested, did you know at any time that you were free to leave the police station? A Yes, they let me leave. They let me leave. Q At any time did they make it clear that you could not leave until they were done questioning you? A No, they didn't question me; I just told them what was happening and they notified my parents and I got a bus ticket and then they dropped me off at the bus station. -?~ MS. RICHARDSON: Okay, nothing further. EXAMINATION BY JUDGE McCARTHY: Q You went in to the police voluntarily? A Uh-huh, I went to a police officer. Q Why? A Because I was in Oregon and didn't know my way around and I was scared so I went, I seen a police officer and I went there. I went to him and told him what was happening to me, and he took me to the precinct. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q What was happening to you? I was taken there by a friend to Oregon and told to do some things and I was afraid when I got out and I walked up to a police officer. You were taken there from the State of Washington? Yes. When you were 197 Uh-huh. JUDGE McCARTHY: Anything further? MS. RICHARDSON: No, Your Honor. Just in closing, the officer did the background check and according to the background check Ms. Johnston was arrested in Oregon and when she completed the application she denied ever being arrested and under the Federal Way City Code that would be a misstatement.' It is the City's position that the denial should be upheld. JUDGE McCARTHY: Thank you. MS. JOHNSTON: Can I say one more thing? As every application I filled out when it says have I ever been convicted or had a criminal background, I've always checked no with the hospital, too, because I did not know that I was arrested and so, you know, from now on I know that 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I do, I have been arrested and would check yes. I wasn't trying to deceive anybody. JUDGE McCARTHY: Well, you always have the option of going back to the City where you were arrested and telling them that you weren't arrested and see if you can get it corrected. MS. JOHNSTON: And that's what I'm going to do. option. doing. JUDGE McCARTHY: That might be the best MS. JOHNSTON: That's what I plan on JUDGE McCARTHY: I'm not too sure that hospitals ask the question have you been arrested. MS. JOHNSTON: They ask if you have-- they do a criminal background. JUDGE McCARTHY: Yes, but I don't think it's the same type. MS. RICHARDSON: I don't believe so, I don't think in employment you can ask about arrests; you can convictions, but not arrests. JUDGE McCARTHY: This is a different application because of the field you're going into, and the licensing, you have to answer more questions than you do if you're applying for a 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 job, so hospitals don't ask these same type of questions to the best of my knowledge. MS. JOHNSTON: Well, if I had known that I had been arrested I definitely would have put yes. It wasn't something I'm going to keep a secret from now on, I mean. MS. RICHARDSON: the City. Nothing further from JUDGE McCARTHY: Anything further? MS. JOHNSTON: No. I just ask that my appeal be overturned. JUDGE McCARTHY: Understood. hearing's adjourned. (Hearing concluded; 4:00 p.m.) The 15 CERTIFICATE STATE OF WASHINGTON ) ) COUNTY OF PIERCE ) SS. I, the undersigned Notary Public in and for the State of Washington, do hereby certify: That the annexed transcript of proceedings was taken stenographically by me and reduced to typewriting under my direction; I further certify that I am not a relative or employee or attorney or counsel of any of the parties to said action, or relative or employee of any such attorney or counsel, and that I am not financially interested in the said ac~on or the outcome thereof; I further certify that the annexed transcript is a full, true and correct transcript made and taken at the time of the foregoing proceedings. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 15th day of October, 1999. ~ar~Public in an~~ thel~ate of tWashington, residi~ at Puya p. CSR# LEWISRH561LN 16 MEETING DATE: November 2, 1999 ITEM# '~-~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: PRELIMINARY PUBLIC HEARING/1999-2000 BIENNIAL BUDGET ADJUSTMENTS & PROPERTY TAX RATE CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS X HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: none SUMMARY/BACKGROUND: The City Council is conducting a preliminary public hearing to receive citizen comment on: (1) 1999-2000 Biennial Budget Adjustment & (2) Property Tax Rate for 2000 CITY COUNCIL COMMITTEE RECOMMENDATION: none public hearing, and prior to the introduction r~adings of the ordinances. APPROVED_F_...OR INCLUSION IN COUNCIL PACKET: ,~>~'~ q/~ i.~2/v ~, (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # cover. 99bud CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Draft 2000 Property Tax Rate Ordinance SUMMARY/BACKGROUND: The City Council is required to establish the property tax rate for the year 2000. This is the introduction reading for the proposed 2000 tax rate ordinance. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDA/~.. ~Ci'~y Council to schedule enactment of the proposed tax rate ordinance for November 16, 1999. v~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # COVERCC-5~4/~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2000. WHEREAS the City Council of the City of Federal Way has adopted its budget for the 1999/00 biennium which includes an increase in property tax levy for the year 2000; and WHEREAS the City Council, in the course of considering the mid-biennium budget adjustment has reviewed all changes in projected revenues and expenses and other city obligations for the city during the year 2000; and WHEREAS while the national inflation as measured by the implicit price deflator for personal consumption is 1.42%, the local inflation, as measured by consumer price index (CPI-W), is 3.2% for the year ending June; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Federal Way that the limit factor for the regular levy for the calendar year 2000 shall be~3~%--based on local inflation plus an additional~_~_~ ~ for the increase in assessed value ORD. # , PAGE 1 resulti~ng from annexation and/or new construction for a total of Section 1. Levy. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal tax for the year 2000 for the purposes of paying the general expenses of. municipal government in the amount of $7,007,358. Section 2. Severabilit¥. 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 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. 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. ORD. # ~, PAGE 2 this PASSED by the City Council of the City of Federal Way day of , 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K: \ FIN\BIENNIAL \ORDINANC\TAXLEVY2 0 0 0 .WPD ORD. # ., PAGE 3 MEETING DATE: November 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: · Memorandum dated October I 1, 1999 to Land Use/Transportation Committee. · Table One - Federal Way Storm Water Program Evaluation, Comparison with Ecology Basic and Comprehensive Program Requirements · Table Two - Equivalency Table for Storm Water Management Ordinance · Combined Storm Water Management Ordinance; Operations and Maintenance Ordinance; Water Quality Ordinance · Addendum to the King County Surface Water Design Manual SUMMARY/BACKGROUND: The Federal Way Surface Water Management Division recommends adoption of the three Ordinances and the technical manual addendum to comply with Department of Ecology's requirements for municipal storm water programs. The 1987 Puget Sound Water Quality Management Plan (the Plan) establishes the requirement for local governments in the Puget Sound region to implement storm water management programs. Ecology is charged with reviewing progress made by local governments in developing and implementing storm water programs. This review focuses on progress in developing and implementing storm water management programs rather than short-term success in achieving water quality standards or numeric effluent standards for storm water discharges. To facilitate Ecology's review, the City of Federal Wa3' prepared two equivalency tables. These tables compare the current status of Federal Way's program with Ecology's nfinimum requirements. Ecology has reviewed Federal Way's equivalency tables, and has approved most elements as equivalent to their requirements. Ecology has commended Federal Way on its proposed storm water program, and encouraged the City to proceed with adoption of the three Ordinances and addendum to the King County Surface Water Design Manual. The attached memo and information packet was presented to Land Use/Transportation Committee on October 18, 1999. The packet details the Puget Sound Water Quality Authority's requirements, the City of Federal Way's response, and the Department of Ecology's review. CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 18, 1999 meeting, the Land Use and Transportation Committee recommended that the following documents be forwarded to the full City Council to be adopted and implemented by Federal Way: · Storm Water Management Ordinance · OpeYations and Maintenance Ordinance · Water Quality Ordinance · 1998 King County Surface Water Design Manual and Federal Way Addendum to the King Count Surface Water Desi n Manual ..................................................... 7. ............................................... .g. .......................................................................................... ............................................................... CITY MANAGER RECOMMENDATION: Approve Council Comn~ttee recommendation APPROVED FOR INCLUSION IN COUNCIL PACKET.'~A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCILXAGDBILLS\1999~,DOE Ordinance Pkg COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF~~__=__~ DATE: TO: FROM: SUBJECT: October 11, 1999 Phil Watkins, Chair Land Use/Transportation Committee .Jeff Pratt, Surface Water Manager Department of Ecology Basic and Comprehensive Stormwater Program Adoption Proposal Package Background: Guide to Attachments: This package contains the following documents: , Table 1 - Federal Way Stormwater Program Evaluation, Comparison with Ecology Basic and Comprehensive Program Requirements · Table 2 - Equivalency Table for Stormwater Management Ordinance (Basic Program Requirement BI in Table I) · Storrnwater Management Ordinance · Operations and Maintenance Ordinance · Water Quality Ordinance · Addendum to the King County Surface Water Design Manual The Federal Way Surface Water Management Division recommends adoption of the three ordinances and the technical manual addendum to comply with Department of Ecology's requirements for municipal stormwater programs. Municipal Stormwater Programs: The 1987 Puget Sound Water Quality Management Plan (the Plan) establishes the requirement for local governments in the Puget Sound region to implement stonnwater management programs. All jurisdictions in the Puget Sound basin are required to adopt basic stormwater programs, and densely populated, urbanized areas (defined by the U.S. Bureau of the Census) are required to implement additional requirements for comprehensive stormwater programs. The City of Federal Way is required to implement both basic and comprehensive stormwater programs. The goal for these programs as stated in the Plan is to "protect shellfish beds, fish habitat, and other resources; to prevent th~ contamination of sediments from urban runoff and combined sewer overflows; and to achieve standards for water and sediment quality by reducing and eventually eliminating harm from pollutant discharges from stormwater and combined sewer overflows throughout Puget Sound." The Plan establishes requirements for local stormwater management programs and directs the Department of Ecology (Ecology) to establish minimum standards for controlling stormwater discharges at the local level. Ecology's minimum standards are contained in the Stormwater Management Manual for the Puget Sound Basin. This technical manual also contains best management practice (BMP) design standards that may be used to meet the minimum standards. The basic Stormwater Program is prevention oriented, and sets minimum standards for new development and redevelopment. The minimum standards stress source control as a first priority in addressing storrnwater quality. The basic program elements consist of the following: · Stormwater Management Ordinance (containing minimum requirements for new development and redevelopment) · Operations and Maintenance Ordinance (and program) · Water Quality Ordinance (or include water quality requirements in Stormwater Management Ordinance) · Technical Manual containing design standards, and source control and treatment BMPs · Education programs __ · Growth management planning and interlocal coordination Comprehensive Stormwater Programs are both preventative and corrective and address runoff from new and existing industrial, commercial, and residential areas. Comprehensive stormwater programs consist of all of the basic program elements, plus the following: · Implementation schedule · Program to identify and rank significant water pollution sources · Program to investigate and correct problem storm drains · Inspection, compliance, and enforcement measures · Water quality response program · Adequate funding · Localcoordination agreements The deadline for implementation of basic programs was June 1999 (extended from January 1995). Ecology established a tiered schedule for implementation of Comprehensive Stormwater Programs with Federal Way's deadlines being June of 1997 for an implementation strategy, and December 1998 for a program target due date. Equivalency Tables Ecology is charged with reviewing progress made by local governments in developing and implementing stormwater programs. This review focu,~es on progress in developing and implementing stormwater management programs rather than short-term success in achieving water' quality standards or numeric effluent standards for storrnwater discharges. To facilitate this review, the City of Federal Way prepared two equivalency tables. These tables compare the current status of basic and comprehensive program elements in Federal Way with Ecology's requirements. The first table, entitled "Federal Way StormwaterProgram Evaluation, Comparison With Ecology Basic and Comprehensive Program Requirements" evaluates the overall program elements. This is the master table that provides Federal Way's assessment of its current stormwater program's equivalency with Ecology's required program. This table also serves as Federal Way's stormwater program implementation schedule. The second table, entitled "Equivalenc,,,y Table for Stormwater ~4anagement Ordinance (Basic Program Requirement BI in Table I) evaluates the current .i/ederal Way City Code against Ecology's minimum standards for stormwater ordinances. Ecology considers its minimum requirements (listed below) to be the necessao, core for any stormwater program. Therefore, their review and approval of community's stormwater programs is intensively focused on the minimum requirements. DEPARTMENT OF ECOLOGY MINIMUM REQUIREMENTS FOR STORMWATER REGULATIONS 1. Erosion and Sediment Control 2. Preservation of Natural Drainage Systems 3. Source Control of Pollution 4. Runoff Treatment BMPs 5. Streambank Erosion Control 6. Wetlands 7. Water Quality Sensitive Areas 8. Off-Site Analysis and Mitigation 9. Basin Planning 10. Operation and Maintenance 11. Financial Liability Ecology has reviewed Federal Way's Equivalency Tables, and has approved most elements as equivalent to Ecology's requirements. Ecology has commended Federal Way on its proposed stom~water program, and encouraged the City to proceed with ac~option of the three ordinances and Addendum to the King County Surface Water Design Manual (KCSWDM) described below. The few remaining issues are related to technical elements in the KCSWDM, which Federal Way uses as its Technical Manual. Ecology has acknowledged that these issues are minor in nature and will be resolved through ongoing studies. Current Status of Federal Way's Stormwater Program and Proposed Substantive Changes The biggest deficiency in Federal Way's current stormwater program is the FW'CC Chapter 21 sections that address stormwater management and Federal Way's current technical manual. As detailed in Table 2, many Ecology-required elements are not currently contained in Federal Way City Code. The following sections describe the proposed substantive changes to Federal Way City Code and the proposed Stormwater Technical Manual Addendum. Stormwater Management Ordinance The first recommended code revision is adoption of a new Stormwater Management Ordinance. This ordinance will address the drainage review process and stormwater requirements for new development and redevelopment. This ,new ordinance will correct deficiencies in current Federal Way stormwater code including the following items: · Definitions and thresholds for ci~velopment, redevelopment, land disturbing activities, and existing conditions that are equivalent to Ecolog~s definitions and thresholds · Inclusion of all of Ecology's Minimum Requirements (listed above) · Adoption of an Ecology-approved technical manual · Enforcement process · Appeals or exceptions process Storm water Technical Manual and Addendum In conjunction with a Storrnwater Management ordinance, Ecology requires communities to adopt a Stormwater Technical Manual that contains design standards for stormwater facilities and BMPs (both source control and treatment). -Ecology developed the 1992 Stormwater Management Manual for the Puget Sound Basin ("The Technical Manual") that communities m~.y adopt to fulfill this requirement. Many communities have found the Ecology manual to be difficult to apply however, and have chosen to use the King County Surface Water Design Manual (KCSWDM) instead. The KCSWDM is structured to be more appropriate to the development process, and, because it is widely used throughout Puget Sound, provides continuity in storrnwater management throughout the region. Federal Way currently uses the 1990 KCSWDM to direct the requirements and design for stormwater facilities and BMPs. King County has recently completed an update of its Surface Water Design Manual - this update was adopted by King County in October 1998. As part of the proposed stormwater code update, Federal Way has developed a companion document (Addendum) for the 1998 KCSWDM which customizes the KCSWDM for Federal W_~ayapplications. Operations and Maintenance Ordinance Ecology also requires communities to adopt an Operations and Maintenance ordinance that addresses private stonnwater facilities. Federal Way does not currently have equivalent operations and maintenance provisions in its City Code. The following items must be contained in the Operations and Maintenance ordinance: · Ownership and maintenance responsibility for public and private stormwater facilities · Minimum maintenance standards for stormwater facilities · Inspection right-of-entry, schedules and procedures · Enforcement process Water Quality Ordinance Water quality requirements for stormwater may be contained in a separate Water Quality ordinance (proposed for Federal Way), or as part of the Storrnwater Management ordinance. The following water quality elements must be addressed: · Prohibition of non-stormwater discharges to the City's stormwater system · Adoption of a Best Management Practices (BMP) manual for new development, redevelopment, and existing activities · Enforcement process The procedures for enforcing the water quality and surface water management codes have been modeled after the civil enforcement procedures previously utilized in Federal Way's sign code. They will be further streamlined to correspond to the uniform code enforcement process adopted by the City Council earlier this year. Generally speaking, this process provides a civil enforcement process, with notice to the offending parties, directions to Fu~ the noted problems, and the threat of monetary penalties if the violation is not corrected. The process also provides Federal Way the ability to abate any uncorrected problems and recover its costs, as well as the ability to criminally prosecute violators in the event that the party does not comply with the civil enforcement orders. Summary' Ecology has reviewed the above mentioned documents proposed by the City of Federal Way and encourages Federal Way to proceed with adopting and in~plementing the 'ordinances and Addendum to the KCSWDM..Adoption of these ordinances and'the Addendum to the King County Manual, will be a major step toward bringing Federal Way's basic and comprehensive stormwater programs into compliance with Ecology requirements. The unresolved issues are generally associated with Ecology's approval of the KCSWDM. King County and Ecology are negotiating these points and upon resolution will modify the KCSWDM appropriately. As a final note, the current Ecology Guidelines are under revision and the revisions are expected to be complete by the end of the year. The Ecology revisions may necessitate future changes to the proposed City of Federal Way surface water management program. Recommendation: Staff recommends that the following attached documents be adopted and implemented by the City of Federal Way: · Stormwater Management Ordinance · Operations and Maintenance Ordinance Water Quality Ordinance 1998 King County Surface Water Design Manual and Federal Way Addendum to the King County Surface Water Design Manual Staff also recommends that this item be placed on the Noveml~er 2, 1999 City Council agenda for the Council's consideration. City 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 PREFACE HOW TO USE THIS DOCUMENT l CITY OF~ CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE 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 a4ply for proposals in the City of Federal Way. · Chapter 1--Drainage Review Requirements: A completely revised Chapter 1 has been provided in this addendum. It is to be used instead of Chapter I 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~Hydroiogic 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 vers,on. · 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 c.hanged. Apart from this change, the King County version of Chapter 5 applies for proposals in the City of Federal Way. 04107199 Federal Way 1998 Surface Water Design Manual i 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-I 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 Level 1. · 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 Federal Way 1998 Surface Water Design Manual ii 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 "100-year flood." The baseflood 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 activit),: a change of use which has a potential to release a new pollutant(s) to the Ci~. 's surface water systems; or land disturbing activities associated with impervious redevelopment. Regulated Lakes shall mean the following wetlands as shown in the King Count)' Wetlands Inventor)' Notebooks, Volume 3 South (the term "Regulated Lakes" is a Federal Way term): 1. Lower Puget Sound 6, 7, 12, 15, 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 Cit), 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). 04107199 Federal Way 1998 Surface Water Design Manual Ill 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 OFfs, CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL Section 1.1 Section 1.1.0 Section 1.1.2 Section 1.1.3 Section 1.1.4 Section 1.2 Section 1.2.1 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 Section 1.4 Section 1.4.1 Section 1.4.2 Section 1.4.3 Section 1.4.4 Section 1.4.5 Drainage Review 1-3 Projects Requiring Drainage 1-6 Review Drainage Review Types and 1-7 Requirements Drainage Review Required By 1-14 Other Agencies Drainage Design Beyond 1-14 Minimum Compliance Core Requirements 1-15 Core Reqmt #1: Discharge at the 1-15 Natural Location Core Reqmt #2: Offsite Analysis 1-17 Core Reqmt #3: Flow Control 1-24 Core Reqmt #4: Conveyance 1-38 System Core Reqmt #5: Erosion and 1-43 Sediment Control Core Reqmt #6: Maintenance and 1-47 Operations Core Reqmt #7: Financial 1-48 Guarantees and Liability Core Reqmt #8: Water Quality 1-50 Special Requirements 1-59 Special Reqmt #1: Other Adopted 1-59 Area-Specific Requirements Special Reqmt #2: Floodplain/ 1-61 Floodway Delineation Special Reqmt #3: Flood 1-61 Protection Facilities Special Reqmt #4: Source Control 1-62 Special Reqmt #5: Oil Control 1-62 Adjustment Process 1-65 Adjustment Authority 1-66 Criteria for Granting Adjustments 1-66 Adjustment Application Process 1-66 Adjustment Review Process 1-67 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. 1-59) · 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 · Closed depression · Construct or modify · Direct discharge · Drainage area · Equivalent area · Existing site conditions Flow durations · Flowpath · High-use site · Hydraulically connected · - Natural discharge area · New impervious surface · Pollution-generating impervious surface · Pollution-generating pervious surface · Project site · Redevelopment project · Replaced impervious surface · Single family residential project · Site (see also onsite and offsite) · Surface flow · Threshold discharge area Federal Way 1998 Surface Water Design Manual 04/07/99 I-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 permit 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 are recommended ~6r effiCieht' uSg of section. 1.1: 1. Determine whether your proposed,project is subject.to the. mquirement~'.~. ~' :~i~ ~ma0. aa! b~y seeing if it'., meets any of the thresholds for drainage review specified, in 'Section :1.1"; 1 (p/l'6).' Making this determination requires an understanding of the key.definitions.listed l~.~low. ' , . 2. If drainage review is required per SeCtion 1.1.1, use the fl0w chart in Figure I;1.2.A (p. i -7) to determine what t3'pe of drainage review will be conducted by Public Works. The type of drainage review defines the scope of drainage requirements that will apply to your projeCt as summarized in . Table 1.1.2.A (p. 1-8). . 3. Check the more detailed threshold information in SeCtion l.1.2 (beginning on page 1-7) to verify that you have determined 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.Se6tion ~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 information on these requirements contained in Sections 1.2 and 1.3 of this chapter. Note: For Steps 2 through 4, it is recommended that you arrange a predesign ~¢ting with Publicl Works permit review staff to confirm the type of drainage ~review'and sCope of drainage requirements that apPly to your proposed project. KEY DEFINmONS Proper application of the drainage review thresholds in this section requires an understanding of the key definitions listed below. Other defin'itions can be found in the "Definitions" section of this manual. Construct or modify: 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 runoff. 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-3 SECTION 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,~iroads, outbuildings, play courts, etc., or a project that creates single family residential lots such as a plat ~r 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 Federal Way 1998 Surface Water Design Manual 1-4 1.1 DRAYAGE REVIEW--KEY DEFINITIONS 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 flbwpath). 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 i 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 iHOLD 'i I ~LDITHRESHOLDI I Natural Discharge Locations Discharge i Locations t .~' ~A Mile Downstream , : , .-~ ......................... .& ............ .,~ ....... (shortest flow oath~ ~/ V ~/ 04/07/99 Federal Way 1998 Surface Water Design Manual 1-5 SECTION 1.1 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, permit, or approval listed at right, AND which meets any one of the following conditions: I. Is a single family residential or small site development, OR 2. Adds 5,000 square feet~ 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 4. 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 5. 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 determined 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. iFed~t~al NVaY.pennits and ApprOvalk 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. The threshold of 5,000 square feet or more of new impervious sudace 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). 04/07/99 Federal Way 1998 Surface Water Design Manual 1-6 1.1.2 DRAINAGE REVIEW TYPES AND REQUIREMENTS 1.1.2 DRAINAGE REVIEW TYPES AND REQUIREMENTS For most project~ 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 1.1.2.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 1.1.2.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 project (as defined on page 1-4) that adds 2,000 to Yes ~! Section 1.1.2.1 ~ . I 10,000 sf of new impervious surface AND clears < 2 "] Note: The project may also be subject to Targeted.I acres OR < 35% of the site, whichever is greate~ I Drainage Reviewas determined below, Does the proiect have the characteristics ~'~' one or more ol the following Does the project add _> 5,000 sf of new impervious surface? Yes categories (see the more detailed threshold language on p. 1-10)? No 1. Projects that contain or are adjacent to floodplains or environmentally r- 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). ~No ~Yes Reassess whether TARGE-'2~D DRAINAGE I~--VIEW drainage review is 1.1.1 (p. 1-6). FULL DRAINAGE REVIEW · Section 04/07/99 Federal Way 1998 Surface Water Design Manual 1-7 SECTION !.I DRAINAGE REVIEW Small Site Targeted Full Drainage Drainage Drainage Review Review Review Single family Small Site projects or other small projects that All projects, including residential are not subject to Full Drainage Review as redevelopment projects that add determined in Sections 1.1.2.3 (p. 1-13), AND ~ projects, that add > 2,000 to 10,000 which have the characteristics of one or more ! 5,000 sf of new sf of new of the following categories of projects: impervious surface but impervious 1. Projects containing or adjacent to do not qualify for surface AND floodplains/environmentally sensitive areas Small Site Drainage clear 2. Projects proposing to construct or modify a Review. < 2 acres or < drainage pipe/ditch that is 12" or larger or 35% of the site, receives runoff from a 12" or larger whichever is drainage pipe/ditch greater. 3. Redevelopment projects as defined in Federal Way City Code (Chapter 22-337)(~) Category Category Category I 2 3 SMALL SITE REQUIREMENTS CORE REQUIREMENT ,1 .(2) Discharge at Natural Location CORE REQUIREMENT #2 .(2) Offsite Analysis COR~: REQUIREMENT #3 .(2) ¢//'(3) Flow Control CORE REQUIREMENT #4 .(2) Conveyance System CORE REQUIREMENT ,5 ¢ Erosion & Sediment Control CORE REQUIREMENT #6 ,(2) Maintenance & Operations CORE REQUIREMENT #7 .(2) ¢(3) ¢(3) ¢(3) Financial Guarantees & Liability CORE REQUIREMENT #8 .(2) ¢(3) ¢(3) Water Quality SPECIAL REQUIREMENT #1 ~/"(3) ¥/(3) Other Adopted Requirements SPECIAL REQUIREMENT #2 ¢(3) ¢(3) Floodpln/Floodwy Delineation SPECIAL REQUIREMENT #3 ¢(3) ¢(3) Flood Protection Facilities SPECIAL REQUIREMENT #4 ¢~'(3) ¢/,/(3) ¢(3) ¢(3) Source Control SPECIAL REQUIREMENT #5 ¢(3t ¢(3) Oil Control (~) 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. ,( 04/07/99 Federal Way 1998 Surface Water Design Manual 1-8 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 mitigated 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 Small Site Drainage Review is allowed for any project that is subject to drainage review as determined in Section 1. I. 1 (p. I-6) and that meets all of the following criteria: · The project is a single family residential projec? or small site development, AND · The project adds 2,000 to I0,000 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. 1-10). 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 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 Appendix C to this manual (detached) and available as a separate booklet from King County Department 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 Single family residential project is defined on page 1-4. 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 f, 3m future homes within a plat or short plat). 04/07/99 Federal Way 1998 Surface Water Design Manual 1-9 SECTION 1.1 DRAINAGE REVIEW 1.1.2.2 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). TARGETED DRAINAGE REVIEW Targeted Drainage Review (TDR) is an abbreviated evaluation by Public Works permit 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 determined in Section 1. l.l (p. 1-6), AND which are not subject to Full Drainage Review as determined in Section 1.1.2.3 (p. I-13), AND which have the characteristics of one or more of the following project categories: · TDR Project Category gl: Projects that contain or are adjacent to a floodplain, stream, lake, wetland, closed depression, or other environmentally sensitive area as defined by the Environmentally Sensitive Areas Regulations (codified in FWCC Chapter 18). · 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 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 [F 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 each are described below and summarized in Table 1.1.2.A (p. 1-8). Note: lf the proposed project has the characteristics of more than one project categor3_', 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 predetermined to be applicable based on specific project characteristics as detailed below and summarized in Table 1.1.2.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 drc. inage requirements adopted by the City. Such projects primarily include single family residential projects in Small Site Drainage Review. Construct and modify is defined on page 1-3. 04/07199 Federal Way 1998 Surface Water Design Manual 1-10 1.1.2 DRAINAGE REVIEW TYPES AND REQUIREMENTS 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: Floodplain/Floodway Analysis, Section 1.3.2 (p. 1-61 ) · Special Requirement #3: Flood Protection Facilities, Section 1.3.3 (p. 1-61) · Special Requirement g4: Source Control, Section 1.3.4 (p. 1-62). In addition, Public Works may require the applicant to demonstrate compliance with any one 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. 1-15). 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 #1. 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. 1-50) 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 g2 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. 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 Rec uirement #1: Core Rec uirement #2: Core Rec uirement #4: Core Ret uirement #5: Core Rec uirement #6: Core Rec uirement #7: Discharge at the Natural Location, Section 1.2.1 (p. 1-15) Offsite Analysis, Section 1.2.2 (p. 1-17) Conveyance System, Section 1.2.4 (p. 1-38) Erosion and Sediment Control, Section 1.2.5 (p. 1-43) Maintenance and Operations, Section 1.2.6 (p. 1-47) Financial Guarantees and Liability, Section 1.2.7 (p. 1-48) Special Requirement gl: 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 any one 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 ~7~9 Federal Way 1998 Surface Water Design Manual 1-11 SECTION I. 1 DRAINAGE REVIEW 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 10 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 #1: 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, Sectioml: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). 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 nor be necessars,. A plot plan showing catch basin locations ma.5' suffice. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-12 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. Threshold 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 I. 1.2. l (p. 1-9) Scope of Requirements IF Full Drainage Review is required, THEN 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. The threshold of 5,000 square feet or more of new impervious sudace 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). 04/07/99 Federal Way 1998 Surface Water Design Manual 1-13 SECTION 1.1 DRAINAGE REVIEW 1.1.3 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. Seattle/King County Department of Public Health Washington State Department of Transportation Department of Fish and Wildlife Department of Ecology Department of Natural Resources United States Army Corps of Engineers ",,: .,i Permit/Approval Onsite Sewage Disposal and Well permits Developer/Local Agency Agreement Hydraulic Project Approval Section 401 permit (Water Quality Certification) Dam Safety permit NPDES Stormwater permit Forest Practices Class IV permit Sections 10 and 404 permits 1.1.4 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 stormwater 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. 04107199 Federal Way 1998 Surface Water Design Manual 1-14 FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL 1.2 1.2.1 CORE REQUIREMENTS This section details the following eight core requirements: · Core Reqmrement #1: Discharge at the Natural Location, Section 1.2.1 (p. I-15) · Core · Core · Core · Core · Core · Core · Core Reqmrement #2: Reqmrement #3: Reqmrement g4: Reqmrement #5: Reqmrement #6: Reqmrement #7: Offsite Analysis, Section 1.2.2 (p. 1-17) Flow Control, Section 1.2.3 (p. 1-24) Conveyance System, Section 1.2.4 (p. 1-38) Temporary Erosion and Sediment Control, Section 1.2.5 (p. i-43) Maintenance and Operations, Section 1.2.6 (p. 1-47) Financial Guarantees and Liability, Section 1.2.7 (p. 1-48) Requirement #8: Water Quality, Section 1.2.8 (p. 1-50). 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 1.4). DISCHARGE REQUIREMENTS Proposed projects must comply with the following discharge requirements (1, 2, and 3) as applicable: 1. 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 100-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 100-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 100-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 Peak discharges for applying this requirement are determined using KCRTS as detailed in Chapter 3. Federal Way 1998 Surface Water Design Manual 04107199 1-15 SECTION 1.2 CORE REQUIREMENTS conveyance system must be provided to convey the concentrated runoff across the downstream properties to an acceptable discharge point.? 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. 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, dver, pond, lake, or wetland) where concentrated runoff can be discharged without creating a significant adverse impact. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-16 1.2.2 CORE REQUIREMENT #2: OFFSITE ANALYSIS 1.2.2 CORE REQUIREMENT #2: OFFSITE ANALYSIS All proposed projects must submit an offsite analysis report that assesses potential offsite drainage impacts associated with development of the project site and proposes appropriate mitigations of those impacts. The initial permit submittal shall include, at minimum, a Level 1 downstream analysis as described in 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 determine 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 potential/predictable 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. EXEMPTION FROM CORE REQUIREMENT ~2 A proposed project is exempt from Core Requirement #2 if any one of the following is true: 1. Public Works determines 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 Level I 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 infor~nation 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 n. ecessary 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. Federal Way 1998 Surface Water Design Manual 04/07/99 1-17 SECTION 1.2 CORE REQUIREMENTS The Level 1 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 1 analysis is composed of four tasks at a minimum: · Task 1: 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 Level I 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 1 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. DOWNSTREAM PROBLEMS REQUIRING SPECIAL ATTENTION 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: 1. Conveyance system nuisance problems 2. Severe erosion problems 3. 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 becau~ they either pose a significant threat to health and safety or can cause significant damage to public or private property. Conveyance System Nuisance Problems (Type 1) Nuisance problems in ~eneral 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 10-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 04/07/99 Federal Way 1998 Surface Water Design Manual 1-18 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 filling 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-'29Iifigation 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: · Flooding of the finished area8 of a habitable building,9 or the electrical/heating system of a habitable building for runoff events less than or equal to a 100-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 roadway~° or severely impacting a sole access drivewa?~ for runoff events less than or equal to the 100-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. 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. Habitable building means any residential, commercial, or industrial building that is equipped with a permanent heating or cooling system and an electrical system. Roadway, for the purposes of this definition, means the traveled portion of any public or pdvate 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 indiscernible ddveway edges, or the flooding is deeper than 6 inches on the dnveway, posing a severe impediment to emergency access. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-19 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. 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 surface elevations exceeds the thresholds for the various problem types discussed in Section 1.2.2.1. For example, application of the Level 1 flow control standard requires matching predeveloped and developed 2- and 10-year peak flows. The 100-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 1 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 100-year flows can be safely conveyed. 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 10-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). 04/07/99 Federal Way 1998 Surface Water Design Manual 1-20 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 theflow duration~ 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 ~. pe of problem are considered to be prevented if Level 2flow control or off. site 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~3 to thc frequency, depth, and/or duration of the problem for runoff events less than or equal to the 100-year event. For severe roadway flooding problems, the problem is considered significantly aggravated if any of thc 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 100-year event: The existing floodingTM 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 100-year runoff event. · The "existing flooding" over all lanes of a roadway or "severely impacting a sole access driveway" is more than6 inches deep or faster than 5 feet per second for runoff events .less than or equal t~e~ .~ 100-year event. · The "existing flooding" over all lanes of a sole access roadwayis is more than 3 inches deep or faster than 5 feet per second for runoff events less than or equal to the 100-year event, or is at any depth for runoff events less than or equal to the 10-year event. PROBLEM-SPECIFIC MITIGATION REQUIREMENTS l. 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 problem(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. t-26) with the phrase, "No additional flow control needed," OR d) Provide additional onsite 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 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). 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 teeing applied, unless Public Works determines there is a potential for increased flooding. Existing flooding, for the purposes of this definition, means flooding over all lanes of the roadway or dnveway has occurred in the past and can be vedfied by City records, City personnel, photographs, or other physical evidence. Sole access roadway means there is no other flood-free route for emergency access to one or more dwelling units. 04107199 Federal Way 1998 Surface Water Design Manual 1-21 SECTION 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 f) Provide a combination of additional onsite 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 1 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. I (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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-22 1.2.4 CORE REQUIREMENT ~M: CONVEYANCE SYSTEM 1.2.3 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 described in Section 1.2.3. I (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 04/07/99 1-23 SEC~IION 1.2 CORE REQUIREMENTS Core'R~uil:ement ~3 ~u~ :mat on~!:~ Area-s~fic flow COD~] .Smd~ ~.~e~evel of.flOw,~coD~ol 'pe~o~n~ to ~e pmtd~ nee~ of s~ecffic regtons or ~ 'olde c]~..h ~e~],Way ~e~ flow con~] ~s ~ idenfifi~ the HyIebos C~e~ and ~wer ~get'S0~d~Buih'Pl~ (avai]~le 'from ~blic Works).,~nveBi6~s":' between the Hyiebos Cree~ ~d ~wer ~g~t Souod Basin PJan flow con~l s~dards and the County flo~ con~l stands ~ .p~ovJdd;~ Refe~n~:2B of the KCS~M. '~ch flow'~n~] has a basic flow con~o] stand~ ~at is s~ific to that ~ ~e ~o~ance criteria of that basic' stand~ ~y need to be incrcued to add~ a s~ific downs~cam d~inage problem as exp~ned in.. Step 4 below. . ,..~ ..... .?, .......... .......... Flow control implementation ~q ui~men~ am the minimum ~ui~mnts for anal~ing and designing flow control faciliti~q to achieve ~quimd ~ffom~ance ~d other prote~ion goals. For efficient application of Corn Requirement ~3, the following stops ~e recommended: 1. U~ the HylebOs Cr~k.~d ~wer Puget Sound Basin PI~ (avMlable from Federal Way Public Wor~) to detemne ~e b~in pl= flow consol stand~d for the ama in which your project is l~d. Refer to ~e conve~ion infomfion in Reference 2B of the 1998 KCSWDM to detemine ~e equivalent ~ng Coun~ flow control smdffi. 3. Ch<k the list of exemptions ~ginning on page 1-28 to dem~ine if and/or which portions of your project must provide flow control f<i~fies ~r Corn R~Mmment g3. 4. If flow consol ~ci~ties are mq~md, dete~ne (for ~e flow control area identified above) which area-s~cific flow control smnd~ apples re'your pmj~t by consulting ~e derailed ~shold info~afion in S<fion 1.2.3.1. ~e appfic~le flow consol smdard will dete~ne ~e ~imum flow control peffo~ce required for your pro~d proj<t. 5. If downs~m proble~ were identified ~u~ offsite ~alysis per Corn R~ukement ~ and proposed to ~ addressed through onsi~ flow con~l, ~e Table 1.2.3.A ~. 1-26) to deter~ne if and what additional flow consol ~ffo~ is n~ssa~ m mtigam i~ac~ (i.e., to prevent c~tion or aggravation of the ident~ed problems). 6. U~ Section 1.2.3.2 (p. 1-36) to dete~ne the ~imm requirements for implementing flow con~ls. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-24 1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM SUMMARY'OF. FLOW CONTROL PERFO~~;F0-R IMP'.~CTiMITIGATIONm Downstream Problems AREA-SPECIFIC STANDARD Identified through Offsite Analysis per Level 1 Flow Control Level 2 Flow Control Level 3 Flow Control Core Requirement #2 No problem identified. Match 2-yr & 10-yr peaks Match durations for 50% of Match durations for 50% of Apply basic standard 2-yr through 50-yr peaks 2-yr though 50-yr peaks performance criteria. AND match 100-year peaks Type I Additional Flow Control No additional flow control or No additional flow control or Conveyance System Hold 10-yr peak to overflow Tr other mitigation is needed other mitigation is needed Nuisance Problem peak(2)(3~ Type 2 Additional Flow Control No additional flow control is No additional flow control is Severe Erosion Apply Level 2 flow control(3)(4) needed, but other mitigation needed, but other mitigation Problem may be requirec/4) may be requireo~) Type 3 . AdditionaJ Flow Control Additional Flow Control Additional Flow Control Severe Flooding Apply Level 3 flow control. Apply Level 3 flow control. If flooding is from a closed Problem If flooding is from conveyance If flooding is from a closed depression, make design system overflow, Level 3 may depression, make design adjustments as needed to be modified to match durations adjustments as needed to meet the "special provision above the overflow T, peak meet the "special provision for closed depressions" rather than 50% of the 2-yr for closed depressions"(3)(s) peak. If flooding is from a closed depression, make design adjustments as needed to meet the "special provision for closed depressions"(3)(5) Notes: (~) 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 T, 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 detailod 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. (s) 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 100-year water surface area of the closed depression, THEN use the "point of compliance analysis technique" described in Section 3.3.6 to vedfy 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. 04/07/99 Federal Way 1998 Surface Wa[er Design Manual 1-25 SECTION 1.2 CORE REQUIREMENTS EXEMPTIONS FROM CORE REQUIREMENT 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. 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. 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_~ust be less than 35~o~ 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. I, OR roads, trails, or driveways that comply with the rural roadway dispersion requirements in Section 5.2. I, AND d) The manner in which runoff is discharged from the project site must not create a significant adverse impact per Core Requirement #1. a) 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~e 100- year peak flow rate, AND all of the following criteria are met: 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 100-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, 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 sudace, THEN existing site conditions are those created by the site improvements and drainage facilities constructed per the approved engineenng plans. OTHERWISE, existing site conditions are those that existed pdor to May 1979 as determined from aenal 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-26 1.2.4 CORE REQUIREMENT $$4: CONVEYANCE SYSTEM d) trails, or driveways that comply with the rural roadway dispersion requirements in Section 5.2.1, AND The manner in which runoff is discharged from the project site must not create a significant adverse impact per Core Requirement #1. 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 100-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 100-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 An), 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~? 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/14, 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. 04~7~9 Federal Way 1998 Surface Water Design Manual 1-27 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 am formed by the shortest, straight line distance from the conveyance system discharge point to the furthermost point of the proposed project. t--- Existing / .-,/ sCy°s~:~ance DischF~ig~: '-x Boumiary Peak Flow Exemption for Urban Residential Infill 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 100-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-out'8 to the zoned density as of the year 1998, AND b) The project must be within a Level 1 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 1 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 de~ribed in Appendix C, AND e) The manner in ~'hich runoff is discharged from the project site must not create a significant adverse impact per Core Requirement #1. 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.g., parks, schools, arterial roadways, stormwater tracts) shall be excluded from these calculations. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-28 1.2.4 CORE REQUIREMENTS4: CONVEYANCE SYSTEM 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 ali 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 There are no regulated wetlands within 1/2 mile downstream of the project site, AND There are no "severe building flooding problems" (see page 1-19) within I mile downstream of the project site, AND Undetained flows from the proposed project will generate less than a 10% increase in the 10-year peak flows to a downstream "conveyance system nuisance problem" (see page 1-20). d) e) Federal Way 1998 Surface Water Design Manual 04/07/99 1-29 SECTION i.2 CORE REQUIREMENTS 1.2.3.1 AREA-SPECIFIC FLOW CONTROL STANDARDS Projects subject to Core Requirement #3 must, at a minimum, comply with one of the three area- specific flow control standards: Level 1, Level 2, or Level 3, whichever applies per the threshold information detailed in this section. The appropriate flow control standard for projects in 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. LEVEL 1 FLOW CONTROL Level 1 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 The Level 1 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 1 Flow Control Area as defined above, OR · The project is located within a Level 2 Flow Control Area as defined on page 1-33, but does not meet the threshold for application of the Level 2 flow control standard (see p. 1-33). Performance Criteria Level 1 Flow Control: Match the developed peak discharge rates to the existing site conditions~9 peak discharge rates for 2- and 10-year return periods. Reduced Level 1 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: · 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 10-year event. Matching the 2- and I O-year peak flows is intended to prevent increases in return-frequency peak flows less than or equal to the 10-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 10-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. t-22). 19 Ex/sting site conditions is defined in footnote 16 on page 1-28. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-30 1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM LEVEL 2 FLOW CONTROL Level 2 flow control is a duration-matching performance standard which is effective in preventing increases in existing erosion rates. The standard is applied in areas where the City has determined 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?° 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: 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. 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 · 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 Level 2 Flow Control: Match developed discharge durations to predeveloped durations for the range of predevetoped discharge rates from 50% of the 2-year peak flow up to the full 50-year peak flow, assuming existing site conditions (see Footnote 16, p. 1-28) as the predeveloped condition. Note: The peak- matching criteria of Level 1 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). 04/07/99 Federal Way 1998 Surface Water Design Manual 1-31 SECTION 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 100-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 t.2.2.2, p. 1-22). [] 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 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) 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 t/,e Hylebos Creek and Lower Puget Sound Basin Plan. Performance Criteria Level 3 Flow Control: Apply the Level 2 flow control standard AND match the developed 100-year peak discharge rate to the 100-year peak discharge rate for existing site conditions. Note: The peak-matching criteria of Level I 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 100-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 100-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 onsite, 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 100-year water surface area of the closed depression. In this case, additional onsite flow control or offsite improvements 0~/07/99 Federal Way 1998 Surface Water Design Manual 1-32 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 1.2.3.A (p. 1-26), and see Section 3.3.6, "Point of Compliance Analysis"). 04107199 Federal Way 1998 Surface Water Design Manual 1-33 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. 1. 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 current flow control requirements are those specified by Core Requirement #3 of this manual unless superceded by other adopted area-specific flow 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 Exempfon" 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 portion2~ 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 Ail 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. I. These include downspout infiltration, dispersion, or a perforated stub-out connection. The parlicipating portion includes those properties that have agreements for use of the shared facility. 04107/99 Federal Way 1998 Surface Water Design Manual 1-34 1.2.4 CORE REQUIRF..~ENT ~: 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: 1. 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 100-year peak discharge from the bypass area will not exceed 0.4 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 100-year peak flow rate from any upstream offsite area is greater than 50% of the 100-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: 1. 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 1.4, "Adjustment Process"). Federal Way 1998 Surface Water Design Manual 04/07/99 1-35 SECTION 1.2 CORE REQUIREMENTS 1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM All engineered conveyance system elements for proposed projects must be analyzed, designed, and constructed to provide a minimum level of protection against overtopping, flooding, erosion, and structural failure as specified in the following groups of requirements: · "Conveyance Requirements for New Systems," Section 1.2.4.1 (below) · "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 1. 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 100-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. 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 1. 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 100-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 100-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 offish 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. 04107/99 Federal Way 1998 Surface Water Design Manual 1-36 1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM 1.2.4.2 Ditches/Channels 1. 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. New ditches/channels must also convey as much of the 100-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 100-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 conditionsa3 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. 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 10-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 100-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 Furl bui/d-out conditions means the tributa~ 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-37 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 1. 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. 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. 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 surfacea4 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.2s 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 onsite 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 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 pollution-generating impervious surface unless they are treated to prevent leaching. 2s Natural on$ite drainage feature means a natural swale, channel, stream, closed depression, wetland, or lake. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-38 ! .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: 1. 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 ouffalls 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 100-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. IF the 100-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 100-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 KCRTS as detailed in Chapter 3. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-39 SECTION !.2 CORE REQUIREMENTS Interflow and Interception lnterflow is near-surface groundwater that moves laterally through the soil horizon following the hydraulic gradient of underlying relatively impermeable soils. When interflow is expressed on the surface, it is termed 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 Form and Process Guidelines." 04/07/99 Federal Way 1998 Surface Water Design Manual 1-40 1.2.5 CORE REQUIREMENT #5: EROSION & SEDIMENT CONTROL 1.2.5 1.2.5.1 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 Section 1.2.5.2. Both temporary and permanent 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. ESC MEASURES The following ESC measures shall be provided as specified below and as further detailed in the King County Erosion and Sediment Control (ESC) 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 permanent cover measures shall be provided when necessary to protect disturbed areas. Temporary cover shall be installed if an area is to remain unworked 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 1 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 3H:IV 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: Unsurfaced 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. 04~7~9 Federal Way 1998 Surface Water Design Manual 1-41 SECTION 1.2 CORE REQUIREMENTS 1.2.5.2 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 ESC 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 City can require that the ESC 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 ma3', 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. 1.2.5.3 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 ESC Standards unless an alternative is approved by Public Works (see "Alternative and Experimental Measures" in the ESC 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 1 to April 30) any site with exposed soils shall be subject to the "Wet Season Requirements" contained in the ESC 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 ESC Standards. These provisions include phasing the project Whenever possible so that construction in these areas is limited to the dry season. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-42 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 EEC Standards. The applicant shall designate an ESC supervisor who shall be responsible for maintenance ana' review of ESC measures and for compliance with all permit conditions relating to ESC as described in the ESC 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 ESC Standards. Flexible Compliance Some projects may meet the intent of Core Requirement #5 while varying from specific ESC requirements contained here and in the ESC 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 ESC 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 (RCW 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-43 SEC'TION 1.2 CORE REQUIREMENTS 1.2.6 2B 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 below. Drainage facilities must be maintained 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 fight-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 ora 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 responsibilio' 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 2.3.1 ) 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 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. 04107/99 Federal Way 1998 Surface Water Design Manual 1-44 1.2.7 FIN.,MqCIAL GUAI~Mq'rE~ AND LIABILrYY drainage easement dedicated to convey surface 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 g7: 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. 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 ma3' 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: 1. 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 Wa),, the applicant must do the following: 1. 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: 1. For plats, record the final plat. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-45 SECTION 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-46 1.2.8 CORE REQUIREMENT #8: WATER QUALITY 1.2.8 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 Section 1.2.8.1 (p. 1-52) and implemented according to the applicable WQ implementation requirements in Section 1.2.8.2 (p. 1-57). 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 Requiren~nt #8 requires that W.~' tremont facilities belarovided to fi:move pollatants'friJ~'i~ff~': dlschargang from thc project site m accordance,w~th one of,thc four area-specifiC WQ menus founl] Section 1,2,8,1 (p, 1-52).., . ' 'y-:'. ~!',',~ ?,, :, '::": ,, "~." ' ' .... ~ ~ *':" . .;,... '.~,:...'.2a.~...,' ....: ,,...'' ~;::.',.' % ": ';/i"',.. ..°. Area-speeifie'WQ men~s arc groups of fa¢ili~ options dcsignexl to provMe, levels of treatment targeted to thc resource protection needs of specific areas ,', , ,, :,~:, :,, ',' .'.'*. ;' ,,,',.' '~WQ imPleraentaUon requirements are thc minimum requirements for analyzing and designing,WQ;¢i~ · . .. -...'r~C~,' .,~! facilities to achieve intended performance and other protection goals. : ' · :, ::;c ': For efficient application of Core Requirement #8, thc following steps are reeomrnended:' ' ,'" 1, Check thc exemption language on page 1-5 lto determine if and/or which portions of' Your proj~, must provide WQ treatment facilities per Core Requirement #8. · : ' . ,.: .. ' " i ' ' 2, If your project is a redevelopment project, you may apply the Basic WQ menu as described on page 1-52, and proceed to Step 5 below. . , 3. Consult with Public Works staff and thc detailed threshold information in Section 1.2.8.1 (p. !-52) to determine which WQ menu applies to your project. 4. Use Section 1.2.8.2 (p. 1-57) to determine the minimum requirements for implementing 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 Pro,dsions, 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. 1-62)--This requirement applies water quality source controls from the King Count5' Stormwater Pollution 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 storrnwater runoff. Such surfaces include those which are 04107199 Federal Way 1998 Surface Water Design Manual 1-47 SECTION 1.2 CORE REQUIREMENTS subject to vehicular usee9 or storage of erodable or leachable materials, wastes, or chemicals?° and which receive direct rainfall or the mn-on or blow-in of rainfall? 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. 29 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 PGISa2 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 Jf the total existing PGIS area or the combination of existing and additional PGIS is less than 5,000 square feet. 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 ratea3 of less than or equal to 9 inches per hour. 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 capaci~_~4 greater than 5 and an organic contentas greater than 0.5%, OR 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 sutYaces: 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, 3o Erodable or leachable materials, wastes, or chemtcals are those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff (examples include erodabie soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster leakage, etc.). 37 A covered parking area would be considered pollution-generating if runoff from uphill could regularty 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 Iow wall and berm prevented stormwater from being blown in or from running onto the covered area. 32 New PGIS 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 assum(td based on a soil texture determination rather than a rate measurement. For more details, see the 'Groun0water Protection' requirements in Section 5.4.1. 34 Cation exchange capacity shall be tested using EPA Laboratory Method 9081. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-48 1.2.8 CORE REQUIREMENT #8: WATER QUALITY 1.2.8.1 b) The soil must be composed of less than 25% gravel by weight with at least 75% of the soil passing the g4 sieve, and the portion passing the g4 sieve must meet one of the following gradations: · At least 50% must pass the g40 sieve and at least 2% must pass the #100 sieve, OR · At least 25% must pass the g40 sieve and at least 5% must pass the #200 sieve. 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: · 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 ma), be imposed by an adopted resource management plan through Special Requirement [gl, Section 1.3.1, or the proposed project ma.;, 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. BASIC WQ 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. Threshold 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). 04/07/99 Federal Way 1998 Surface Water Design Manual 1-49 SECTION 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 detention/wetponds, 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. [] SENSITIVE 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 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 A rea identified by Public Works, but does not meet the above threshold criteria, then the Basic WQ menu shall apply as detailed on page 1-52. · If the 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. Sphagnum Bog Protection menu 2. Sensitive Lake Protection menu 3. 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 iow silt content. See Section 5.4.1 for information on measunng infiltration rates. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-50 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? 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,4° 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. 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 Works as needing protection under this menu, AND which discharges runoff by surface flow which ultimately reaches a regionally significant stream reach identified by the City of Federal Way. Notes: · If the proposed project is within an area identified by Federal Wa3' 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. 1- 55), then the Basic WQ menu shall apply as detailed on page 1-52. · If the project site dt.~charges 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: I. Sphagnum Bo.~: Protection menu 2. Sensitive Lake Prt~tecttott 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 Thresholcls Decision paper,' King County Surface Water Management Division, April 1994). ~o In series means that the entire treatment water volume flows from one facility to the other in turn. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-51 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. 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~2 as identified by Federal Way Public Works or through offsite 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. · If the proposedproject is a redevelopmentproject, 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 wetland is 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-52 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 10-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 sedes (i.e., the design water volume passes through each facility in turn). 04/07/99 Federal Way 1998 Surface Water Design Manual 1-53 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 1 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: 1. 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: 1. 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 '~ landscape management plan unless otherwise exempt from Core Requirement #8. Use of Experimental Water Oualit¥ 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 04/07/99 Federal Way 1998 Surface Water Design Manual 1-54 1.2.8 CORE REQUIREMENT #8: WATER QUALITY Section 1.4, "Adjustment Process" (p. 1-65). When sufficient data on performance has been collected and if performance is acceptable, the new facility will be added to the appropriate water quality menu for common use. Owner Flesponsibilit¥ for Water Oualit¥ Regardless of the means by which a property owner ehooses 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 proper~y 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. 04107199 Federal Way 1998 Surface Water Design Manual 1-55 FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL 1.3 SPECIAL REQUIREMENTS This section details the following five special drainage requirements which may apply to ihe 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: Floodplain/Floodway Delineation, Section 1.3.2 (p. 1-61) · Special Requirement #3: Flood Protection Facilities, Section 1.3.3 (p. 1-61) · Special Requirement g4: Source Control, Section 1.3.4 (p. 1-62) · Special Requirement #5: Oil Control, Section 1.3.5 (p. 1-62). 1.3.1 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 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 THEN the proposed project shall comply in an adopted basin plan.., 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. Federal Way 1998 Surface Water Design Manual 04/07/99 1-57 SECTION 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. 0~/07/99 Federal Way 1998 Surface Water Design Manual 1-58 1.3.3 SPECIAL REQUIREMENT #3: FLOOD PROTECTFION FACILITIES 1.3.2 SPECIAL REQUIREMENT #2: FLOODPLAIN/FLOODWAY DELINI TION Floodplains and floodways are subject to inundation during extreme events. The 100-year floodplains are delineated in order to minimize flooding impacts to new development and to prevent aggravation of existing flooding problems by new development. Regulations and restrictions concerning development within a 100-year floodplain are found in Federal Way's Environmentally Sensitive Areas and Flood Hazard regulations. 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 lO0-year floodplain boundaries (and floodway, if available or if improvements are proposed within the lO0- year floodplain) based on an approved flood hazard study (described below) shall be delineated on the site improvement plans and profiles, and on anyfinal subdivision maps prepared for the proposed project. 1.3.3 Application of this Requirement [f 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 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, "Floodplain/Floodway Analysis." 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. 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, certain easement requirements (outlined in Section 4.1) must be met in order to allow City access for maintenance of the facility. Federal Way 1998 Surface Water Design Manual 04/07/99 1-59 SECTION 1.3 SPECIAL REQUIREMENTS 1.3.4 SPECIAL REQUIREMENT #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 Storrnwater 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 nonstructural source control measures, such as covering storage piles with plastic or isolating areas where pollutants are used or stored, are to be implemented after occupancy and need not be addressed during the plan review process. All commercial and industrial projects (irrespective of size) undergoing drainage review are required to implement applicable source controls. 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 any one of the following: · A commercial or industrial site subject to an expected average daily traffic (ADT) count equal to or greater than I00 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 04/07/99 Federal Way 1998 Surface Water Design Manual 1-60 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 oil/water 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 throt~gh 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 control facilities to be located in public road right-of-way and maintained by Federal Wa)', 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. Federal Way 1998 Surface Water Design Manual 04/07/99 1-61 SECTION 1.3 SPECIAL REQUIREMENTS FIGURE 1.3.5.A TREATABLE AREAS FOR HIGH-USE ROAD INTERSECTIONS 04/07/99 Federal Way 1998 Surface Water Design Manual 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 permit 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, "Flow Control Design" * Appendix C, SmallSite 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 requiremepts 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 1, "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 permits 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 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 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. Federal Way 1998 Surface Water Design Manual 04/07/99 1-63 SECTION 1.4 AD.rUSTIVIENT PROCESS 1.4.1 ADJUSTMENT AUTHORITY The Fede~ral 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. 1.4.2 CRITERIA FOR GRANTING ADJUSTMENTS Adjustments to the requirements in this manual may be granted provided that granting the adjustment will achieve the following: 1. 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 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. 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 ~critefia are met: 1. 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 bom 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. 1.4.3 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. 04/07/99 Federal Way t998 Surface Water Design Manual 1-64 1.4.4 ADJUSTMENT REVIEW PROCESS · 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 adjustmen~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 engineering 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. ,, 1.4.4 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. Federal Way 1998 Surface Water Design Manual 04/07/99 1-65 SECTION 1.4 ADJUSTMENT PROCESS Experimental Design Adjustments · Public Works staff will review the submitted material and inform the applicant as to whether add~ilional 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: 1. 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 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: 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 1-66 CHAPTER 2 DRAINAGE PLAN SUBMITTAL CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL Section Section 2.2 Section 2.2.1 Section 2.2.2 Section 2.2.3 Section 2.3 Section 2.3.1 Section 2.3.2 Section 2.4 Section 2.4.1 Section 2.4.2 Section 2.~.3 Plans for Permits and Drainage Review Plans Required with Initial SEPA and Land Use Review 2-3 2-7 Subdivision, Shod Plat, 2-7 Commercial Site Developments and Binding Site Plans Single family Residential 2-8 Other Permits 2-8 Plans Required for Building 2-9 Permit Drainage Review Engineering Plan Specifications 2-9 Projects in Targeted Drainage 2-30 Review Plans Required After 2-33 Drainage Review Plan Changes After Permit 2-33 Issuance Final Corrected Plan Submittal 2-33 Final Plat, Shod Plat, and 2-33 Binding Site Plan Submittals 04/07/99 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 1, "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 2.1, "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. 04107199 Federal Way Surface Water Design Manual 2-1 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 bulletins for other details or requirements, such as the submittal and expiration periods set for each ~. pe of permit application, review fees, right-of-way use requirements, and other code requirements. PLANS REQUIRED FOR PERMIT SUBMITTAL Most projects require some degree of drainage plans or analysis to be submitted with the initial permit application (see Table 2.2.1.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. PLANS REQUIRED FOR DRAINAGE REVIEW For drainage review purposes, engineering plans consist of the following: 1. 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 (TLR), which contains all the technical information and analysis necessary to develop the site improvement plan (see Section 2.3.1.1, p. 2-I 1). 3. An erosion and sediment control (ESC) plan (see Section 2.3.1.3, p. 2-27). Note: A landscape management platt 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 mav 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 simplii:ied form of site improvement and ESC plans (without a TlR) 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. IM/07/99 Federal Way Surface Water Design Manual 2-3 SECTION 2. ! 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 require Targeted Drainage Review. · TABLE 2.2.1.A'. D~AGE PLAN SuBMI'I~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 Mapm Full or Targeted Drainage · Preliminary Plansm BINDING SITE Preliminary Plansm Review(2) · Engineering Plans(3) PLANS Level 1 Downstream Analysis SHORT PLATS Plat Map(~) Small Site Drainage Small Site Drainage Plans(s) Preliminary Plansm Review Level 1 Downstream Analysis(4) ! Small Site Drainage · Small Site Drainage Plans(5) Review AND Targeted · Engineering Plans(3) :Drainage Reviewz2) Furl or Targeted Drainage Engineering Plans(3) Review(2) COMMERCIAL Preliminary Plansm Full or Targeted Drainage Engineering Plans(3) Engineering Plans(2)'/3) Review Small Site Drainage Small Site Drainage Plans(s) Review SINGLE FAMILY RESIDENTIAL Site Planm Small Site Drainage · Small Site Drainage Plans(s) Review AND Targeted · Engineering Plans(3) BUILDING ' 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(21 PERMITS Works Department or use Federal Way Public Works Department customer information bulletins) Notes: m 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). <41 Federal Way Public Works will determine if a Level 1 Downstream Analysis is required. is) Specifications for submittal of small site drainage plans are found in Appendix C, Small Site Drainage Requirements (detached). 04/07/99 Federal Way 1998 Surface Water Design Manual 2-4 FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL 2.2 PLANS REQUIRED WITH INITIAL SEPA 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, the)' 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: 1. 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 Level 1 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 Drainabe 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: 04107199 Federal Way Surface Water Design Manual 2-5 SECTION 2.2 PLANS REQUIRED WITH INITIAL SEPA AND LAND USE REVIEW a) Field topographic base map to accompany application (aerial topography allowed with Federal Way Public Works Department permission) b) Name and address of surveyor and surveyor's seal and signature c) Notation for field or aerial survey d) Datum and benchmark/location 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 2.2.2 2.2.3 SINGLE FAMILY RESIDENTIAL Applications for most single family residential permits~ 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-6 FEDERAL WAY ADDENDUM TO KING COUNTY. WASHINGTON, SURFACE WATER DESIGN MANUAL 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), site improvement plans, 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 I. 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 TlR. 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 1.1.2.2 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: 1. A technical information report (TLR) as detailed in Section 2.3.1.1 (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 TlR 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. 04/07/99 Federal Way Surface Water Design Manual 2-7 SECTION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW 2.3.1.1 TECHNICAL INFORMATION REPORT (TIR) The full TlR 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 TlR must be stamped and dated by a licensed civil engineer registered in the State of Washington. The TIP, 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 TlR package requires revisions, the revisions must be submitted in a complete TlR package. TlR SECTION 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. TlR 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: 1. Show acreage ofsubbasins. 2. Identify all site characteristics. 3. Show existing discharge points to and from the site. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-8 2.3.1 ENGINEERING PLAN SPECIFICATIONS -- TIR 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: I. 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 responsibiti~y 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). Ail 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. I. 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 1, 2, and 3 above. TlR SECTION 2 CONDITIONS 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, SEPA mitigations, etc.) should also be included. 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 TlR. Note: lfoffsite 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. 04107199 Federal Way 1998 Surface Water Design Manual 2-9 SECTION 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 Level 1 downstream analysis. Upon review of the Level 1 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. Level 1 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 Level I 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 Level I 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 onsite 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 1 ), 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 of the 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 (1) 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 1:24000 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-10 2.3.1 ENGINEERING PLAN SPECIFICATIONS-- TlR Task2. 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 1"=400' scale problem summary maps (available at the Federal Way Public Works Department and the library) · Floodplain/floodway (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 Count.' Soils Survey (available at the Federal Way Public Works Department and the library) · Wetlands Inventory maps (available at the Federal Way Public Works) Potential/existing 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 Level 1 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 (WT)FW), 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 extstmg/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). 04/07/99 Federal Way 1998 Surface Water Design Manual 2-11 SECTION 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: 1. Perform a Level I Inspection. 2. Document existing site conditions (approved drainage systems or pre-1979 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: 1. 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, high/low 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: 1. 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). 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 1 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 ne'w 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 04107199 Federal Way 1998 Surface Water Design Manual 2-12 2.3.1 ENGINEERING PLAN SPECIFICATIONS-- TlR 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. 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 fl0w charac{e~stics~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: l. Delineation and acreage of areas contributing runoff to the site 2. Flow 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 100-year floodplain (and floodway 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: 04107199 Federal Way 1998 Surface Water Design Manual 2-13 SEC'I~ON 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW · The area-specific flow control standard determined 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 determined from the Hylebos Creek and South Puget Sound Basin Plan and Reference 2B of the KCSWDM per Section 1.2.8.1, and any applicable special requirements for source control or oil control determined 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 stmcture/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. 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 stormwater 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, homographs, 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. 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 04/07/99 Federal Way 1998 Surface Water Design Manual 2-14 2.3.1 ENGINEERING PLAN SPECIFICATIONS-- TlR impacts associated with the development, and the measures that would be implemented to mitigate impacts. Special repons shall be prepared by people with expertise in the particular area of analysis. Topics of special repons may include any of the following: · Geotechnical/soils · Wetlands · Floodplains · Slope protection/stability · Groundwater · Fluvial geomorphology · Erosion and deposition · Anadromous fisheries impacts · Structural design · Geology · Hydrology · Water quality · Structural fill. 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. 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 TlR 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: 1. Provide sufficient information to justify the overall ESC 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 ESC 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 04107199 Federal Way 1998 Surface Water Design Manual 2-15 SECTION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW County can determine if the proposed alternatives provide similar protection. TlR SECTION 9 BOND QUANTITIES, 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 onsite 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 8!/2, x~ 1 I" plan sketch for each f~ac~lity 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. 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-16 2.3.1 ENGINEERING PLAN SPECIFICATIONS- SITE IMPROVEMENT PI. AN 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 information 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 format 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 (NAVD) 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 I/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. Ali 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 information 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: 1. Be drawn on a 1 I" 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 information (datum, topography, details, notes, etc.) to address issues as determined by the Federal Way Public Works Department. GENERAL PLAN FORMAT Site improvement plans should use King Count)' Roads Standard Map Symbols as appropriate, and must include Standard Plan Notes (see Reference Section 7). Each plan must follow the general format detailed below: 1. 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 conform 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 04/07/99 Federal Way 1998 Surface Water Design Manual 2-17 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 (I-800424-5555) e) Federal Way's preconstruction/inspection 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 1) 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) o) 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. The overall plan shall 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 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 04107199 Federal Way 1998 Surface Water Design Manual 2-18 2.3. I ENGINEERING PLAN SPECIFICATIONS -- SITE IMPROVEMENT 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. I 1. All division or phase lines and thc 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). 04~07/99 Federal Way 1998 Surface Water Design Manual 2-19 SECTION 2.3 PLANS REQUIRED FOR BUILDING PERMIT DRAINAGE REVIEW 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 ESC plans are all developed from the same background information. This base map shall include the information listed in Table 2.3.1 .A. TABLE 2.3.1.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 (Iow 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 pdvate 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 manmade features affecting existing topography/proposed improvements. Development Delineate limitations to the development that may occur as identified on the TlR Limitations worksheet, Part 8 (see Reference 8-A). 04/07/99 Federal Way 1998 Surface Water Design Manual 2-20 2.3.1 ENGINEERING PLAN SPECIFICATIONS -- SITE IMPROVEMENT PLAN 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, ditchlines, 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, 10-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. 5. Identify all roads and adjoining subdivisions. 6. 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 l"=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. Plan View: Drainage Conveyance 1. 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." 3. Clearly label existing storm drainage facilities to be removed with "Existing to be removed." 4. 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 comer 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-21 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 alt 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. Show all existing and proposed buildings with projections and overhangs. 7. 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 Count3' 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 0.1 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 0.01 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. 8. For pipes that are proposed to be within 2.0 feet of finished grade, indicate the minimum cover dimensions. 9. Indicate roadway stationing and offset for all catch basins. 10. Indicate vertical and horizontal scale. I t. 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 all 12-inch and larger pipes and for channels (that are not roadside ditches). 16. Show the location of all existing aad proposed (if available or critical for clearance) gas, water, and sanitary sewer crossings. 17. Show energy dissipater locations. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-22 2.3. IENGINEERING PLAN SPECIFICATIONS --SITE IMPROVEMENT PLAN 18. Identify datum used and ali benclunarks (may be shown on plan view instead). Datum and benchmarks must refer to established control when available. 19. Use a vertical scale of 1"=5'. As an exception, vertical scale shall be I"=10' if the optional I"=100' 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. 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 1. 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. 5. Specify soils and compaction requirements for pond construction. 6. Show the location and detail of emergency overflows, spillways, and bypasses. 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. I 1. 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 at one of the following scales: 1"=1', 1"=2', 1"=4', 1"=5', 1"=10', or 1"=20'. Structural Plan Details Anv 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. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-23 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 ESC plans. Note that the ESC plan may be simplified by the use of the symbols and codes provided for each ESC measure in the Erosion and Sediment Control Standards (detached Appendix D). In general, the ESC plan shall be submitted as a separate plan sheet(s). However, there may be some relatively simple projects where providing separate grading and ESC plans is unnecessary. General Specifications The site improvement plan shall be used as the base of the ESC plan. Certain detailed information that is not relevant (e.g., pipe/catch basin size, stub-out locations, etc.) may be omitted to make the ESC plan easier to read. At a minimum, the ESC 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 ESC plan shall generally be designed for proposed topography, not existing topography, since rough grading is usually the first step in site disturbance. The ESC plan shall address all phases of construction (e.g., clearing, grading, installation of utilities, surfacing, and final stabilization). If construction is being phased, separate ESC plans may need to be prepared to address the specific needs for each phase of construction. The ESC plan shall be consistent with the information provided in Section 8 of the TIR and shall show the following: 1. Identify areas with a high susceptibility to erosion. 2. Provide all details necessary to clearly illustrate the intent of the ESC design. 3. Include ESC 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 1. Delineate clearing limits. 2. Provide details sufficient to install and maintain the clearing limits. Cover Measures l. 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. 04107199 Federal Way 1998 Surface Water Design Manual 2-24 2.3.1 ENGINEERING PLAN SPECIFICATIONS m E$C 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 1. 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 1. 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 l-foot marker indicating when sediment removal is required. l 0. Indicate catch basins that are to be protected. 11. Provide details of the catch basin protection sufficient to install and maintain. Surface Water Control 1. 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. 2. Specify the type, locations, and details of any measures necessary to comply with any additional protection required to protect steep slopes. 04/07/99 Federal Way 1998 Surface Water Design Manual 2-25 SECTION 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 managernentplan 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 drot~ght-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 d) Any biocontrol methods. 8. 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). 04/07/99 Federal Way 1998 Surface Water Design Manual 2-26 2.3.2 PROJECTS 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 information report based on the type of permit or project, and on the three categories of project characteristics subject to Targeted Drainage Review per Section 1.1.2.2. '.TABLE ~L3.2.A MINIMUM ENGINEERING PLAN F.,LEMENTSa). FOR PROJECTS IN TARGETED'DRAINAGE REVIEW Type of Permit or Project SINGLE FAMILY RESIDENTIAL BUILDING PERMITS (SFRs) & SHORT PLATS OTHER PROJECTS OR PERMITS Drainage Review Type Targeted Drainage Review ONLY Targeted Drainage Review COMBINED WITH Small Site Drainage Review Targeted Drainage Review ONLY Proiect Cate,qory 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) · TlR Sections 1, 2, and 6 (minimum) · Small Site ESC Plan(3) · Site Improvement Plan(s)' · TlR Sections 1,2, and 6 (minimum) · Small Site ESC Plan(3) · Site Improvement Plan(5) · TlR Sections 1, 2, 6, and 8 (minimum) · ESC Plan(a) for any site disturbance work · Site Improvement Plan(s) Notes: (1) Proiect Cateqory 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 · TlR Sections 1, 2, 3, 5, 6, 7, and 8 (minimum) · Small Site ESC Plan(3) · ESC Plan® for conveyance work · Site Improvement Plan(5) · TlR Sections 1,2, 3, 5, 6, 7, and 8 (minimum) · Small Site ESC Plan(3) · ESC Plan(4) for conveyance work · Site Improvement Plan(s) Proiect Cateqory 3(2) Redevelopment projects (as defined in FWCC 22- 337) in Targeted Drainage Review · TlR Sections 1, 2, 3, 5, 6, 7, and 8 (minimum) · ESC Plan(4) for any site disturbance work · Site Improvement Plan(5) (2) (3) (4) N/A N/A · TlR Sections 1,2, 4, 8, and 10 (minimum) · ESC Plan® for any site disturbance work · Site Improvement Plan(S) 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. 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 appficable category shall apply. 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). ESC plans shall meet the applicable specifications detailed in Section 2.3.1.3 (p. 2-27) 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 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. 2.4.1 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: 1. 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. 2.4.2 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 Cas-builts"), which is an engineenng 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 l~censed 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. 2.4.3 FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN SUBMITTALS Any subdivision to be finahzed, thereby completing the subdivision process and legally forming new lots, requires a final submittal lot 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 Federal Way Surface Water Design Manual 2-29 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: 1. 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 HYDROLOGIC ANALYSIS AND DESIGN CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL 04107199 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 KCSWDM, 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 3-1 04/07/99 CHAPTER 4 CONVEYANCE SYSTEM ANALYSIS AND DESIGN CITY OF~ CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON 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: 12-inch, 15-inch, 18-inch, 21-inch, and 30-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)mDelete 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 4-1 04/07~99 CHAPTER 5 FLOW CONTROL DESIGN CITY OF FEDERAL W~y ADDENDUM TO KING COUNTY, WASHINGTON 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 proposvbls 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 5-1 04/07/99 CHAPTER 6 WATER QUALITY DESIGN CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE 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 6-1 04/07/99 REFERENCE CITY OF~ CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE 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 04107199 APPENDIX FEDERAL WAY NONCONFORMING USE ORDINANCE CITY OF~ CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL 04/07/99 APPENDIX FEDERAL WAY NONCONFORMING USE ORDINANCE CITY OF FEDERAL WAY ADDENDUM TO KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL 0,1107/99 ORDINANCE NO. 97-307 AN ORDINANCE OF THE CiTY COUNCIL OF THE PUBLIC WOP . WAY, WASHINGTON, AMENDING CHAPTERS 16 AND 22 OF THE FEDERAL WAY CITY CODF~ 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_ 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 SEPA 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, 199T and public headngs 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 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 fon, vard the Proposal, with amendments, to the full City Council; and I. There was sufficient opportunity for the p~blic to comment on the Proposal; NOW, THEREFORE, -- THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Sect,'on '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. Tne proposed c~x:le 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 4. The Federal Way SEPA 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 ROW 35A.63.070, held work sessions and public headngs on the proposed regulatory amendments and has considered the testimony, written comments, and matedal 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 addr. e. sses 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. .~ection 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. ,~ection 4. _~everability. 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. · ~ection 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 Coundl of the City of Federal Way this --' day CITY OF FEDERAL WAY HLON S. pRIEST' Ordinance No. 9'?--¥/)7, Page 4 ATTEST: APPROVED AS TO FORM: I K. LINDELL FILED WITH THE CITY CLERK: 10-14-97 PASSED BY THE CITY COUNCIL: 12-16-97 PUBLISHED: 12-20-97 EFFECTIVE DATE: 12-21-97 ORDINANCE NO. 97-307 Ordinance No. 9-/-307, Page 5 ATTACHMENT A SECTION 22-1- DEFINITIONS Ordinance No. 97-307, Page 6 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 dghts Lo_.t, bg_ property_ or structure to another owner, tenant, or lesse~, or of resuming the owner's use of th~ property_. 'Abandoned" shall in~l~e but not be limited to circumstances involving tax forfeitures_ bankru0tcy, or mortgage foreclosure). Accessory shall mean a use, activity, st~:ture or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. , Accessory dwelling 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 pdmary dwelling uniL ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit shall mean an attached ADU which satisfies the criteria set forth in Section 22-633 of this Code. Accessory livYng facility 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 subje~ 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 Iow 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 spedfied sexual activities or specified anatomical areas (d~,.fined 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) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Ordinar~ce No. ~-),,'-307, Page 7 Average 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 wall of the structure prior to development activity. Avenge s/ope shall mean the average grade of land within each land area representing a distinct topographical change. Backfill shall mean material placed into an excavated area, pit, bench 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, when operated in conjunction with and within boundaries of such cemetery. Center identification s~gn 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; (4) General appearance; ~_5)_ T~v~_e~e x__~ntp~dLp r(_a mog_ n_t~f in dpor or eNC_qp r_N o¢~q_ e. pa n d Ordinance No. 97-307, Page (6_) Constituen. t.s. of.. su.rface water dis_ch__ar~e or runo((, 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. Mu/tiuse 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 extedor entra~ys 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 Or public property, or the use or utilization of private or public property~ that does not conform to any of the provisions of this chapter or that was not approved by the ~ of Federal Way dbt-through the appropriate derision-making process required under this chapter. Nonliving ground cover shal. I mean gravel, chipped bark or similar nonpolluting material through which water can freely p&rcolate to the soil beneath. Normal maintenance shall mean normal maintenance includes interior and extedor repairs and incidental alterations. Nom~al maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, widng and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. Ordinance No. 97-307, Page 9 Normal maintenance - signs may include, but is not limited to: repla~iEg_tJght bulbs. painting faded or peeling paint, replacing small [~ieces of a damaq¢_d_~ign. This does not. include change of color, materials, sign ty_ pe. size height or text. e;x;ce_p_t~J"or_that specifically_. permitted for a new tenant change to a multi tenant sign, On-~ite 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 public right--of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if:. (1) The travel crosses the right--of-way at a perpendicular intersection, or (2) The dght.-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) 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 odented to the street providing primary vehicular access to the subject property, as determined by the director of the department of community development. (2) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (3) The side property line is any property line other than'a front property line or a rear property line. Publicpark shall mean a natural or landscaped area, provided by a unit of government, to meet the active or passive re~e. ational needs of people. Public ubTh'y 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 include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. -Fhe term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Ordinance No. 97-30[, l~age 10 Pub£~ wortcs director shall mean lf~ director of the depart of public works of the city. Ordinance No. 97-307, Page 11 ATTACHMENT B ARTICLE IV- NONCONFORMANCE Ordinance No. 97-307, Page 12 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 .~umose of this Article is to allow for the continuance and maintenance of legally established nonconforming uses and structures, and to provide ~tandards delineating th~ circumstances in which nonconforming uses and structures mu¢ be brought into conformance with the starldards arid provisions prescribed within thi~; chamer, In oarticular, the intent of this Article is to; Er]sure a reasonable opportuni _ty for use of legally created lots which do not meet current miqimum code requirements for the zoning district in which they are located, (b) Ensure a reasonable opportunity for use, maintenance and minor improvement of legally constructed buildings, structures arid site developmeqt features, encourage a reasonable ooportunity for a change of tenants using such buildings, structures, or features, even where those buildings, structures and features do not comply with development regulatioris 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 oooortuni _ty for continuation of legally established uses whi, c..h do not conform to use requlations for the zoning district in which they are located. Encourage the replacement o.f rtonconforroipg uses havinq potentially undesirable impacts on conforming uses, Engourage the upgrading of nonconforming buildings, structures and site development features which do not comply with development regulations orescribed by this chapter, Sec. 22-326. Administration. This article establishes wh~h and under what drcumstances 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. 9'7-,'~07, i)a,q,,:.~ 13 Sec. 22-327. When conformanco 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 applica'ble to legal nonconforming 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 nonconformina use. :FhereCore;, ..... · ' ..... '--' ..... '-'" ...... "' the city will. in order to identify apolicable requlations, determine the zone that allows the r,o,'~conformin,.3 uses --fl"tabis-most similar to the ~ tJ-~no~nforming use is-located and apply the development regulations of that zone. If the use is a legal 0oncor¢0rming use that is allowed in one or more zones other than the zone in which it is located, the Ci.ty determine the zone most similar to the zone in which the nonconformir)g use is located and apply the deye!0p.rrler~t 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 nonconformance that was illegal when initiated. (a) Generally. Except as spech'ied 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; Ordir~3nce No. 97-307, Page (2) Nonconformance with the lighting standards in section 22.-954; (3) Nonconformance with the heat emission standards in section 22-951; (4) Nonconformance with the radiation standards in section 22-959; (5) Nonconformance with the air quality standards in section 22-947; (6) Nonconformance with the ,,,~,,~, quality standards in s~;on "" ~"'~ - ,,-,¢., et seq the Uniform Fire Code and FWCC sections 851 -8-120. to the extent that the nonconformance _DOses a threat to life pr safety_, as det~rrpined by the Director in consultation with the appropriate fire safety_ officials; (7) Nonconformance with the odor standards in section 22-958; (8) (9) 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; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in section 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in section 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.; parking and storage of outdoor equipment, § 22-1111 et seq.; junk and junkyards, § 22.-9~2; 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 nonconformances specifically regulated--Generally. (a) Sections 22-332 through ~z%S6-,z 22-336 specify when and under ,,,,,hat circumstances · .ertain nonconformances must be corrected. If a nonconformance must be corrected under this Ordinance No. 97-307, Page 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 spedfic 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-Nonconforming use. Any nonconforming use must be terminated,.,,,.,~,,.,, ~' .....~",, ,,:-'-,,,., confo,~anc~ or ,~,o,..~, ,,, ,,.,e~ if:. (1) The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconforming use; (2) 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 one 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. "~':~' ~'^^~ . . _ v,, ,,~, has,.,,..~,, d~. The appraisal must be from a source that is acceptable to the city. The community developmbnt director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuatic~q 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; (3) The subject property has been abandoned '--,,~ '~'" (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. ~o. 92-144, § 3(165.35(2)), 6-16-92) Cross reference(s)-Building code standards, § 5-66. ~arrte-,-Nortco~ur~ Ordir-mnce No. 97-307, Page 16 If t,ha subjeot propefty S Il i1~ the ,'lesdr,6 ,.?.xa,miner t,hr ....... zonMg provision, ,.,,~,,-,,,.,i.,,,,~, ,, ,,,,-,o, ,..~-~*~Jewed-~, ,,.~ approved 'nO ,,..A app i pr "'"--'~- '~':* c,hs er ,,. There is~a change in use~and this chapter astc.~ia,'-,ed different or more rigorous . .,-.:~~- --' ,.,,., ,.,, more (4~) Sec. 22-334. Same-Nonconforming Development If aFly aspect, str~cture, improvement or development does riot conform to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. If t, ' (1) Chanae of use - single tenant site: If an applicant proposes a change of use on property used or. occupied by a single tenant or use. the applicant shall meet those provisions determined_by the Director to be reasonably related and applicable tO the change of uae, These provisions shall apply to the entire site. Ordinance Ho. 9T-.30T, ~'ag~.'' ',.;' (3) (4) (5) (6) Change of use - multi tenant site: If an applicant proposes a change of use_on a portion of property_ oc~pied by multiple tenants or uses. the applicant shall those provisions determined by the Director to be reasonably related and applicahJ.¢_ to the change of use. These provisions shall apply only to that geographic .portion of the site related to the use or tenant space on which the change is proposed, :Pne -"'~-'-- p rk; ,,.,, ,,~ ,,,,- ,.,..,~ ,,o,, ,,-,, ,,~ ,,.,,,,,~, use; ,.., ,°~,=, requires more a ng spac~.~ '-' '" .......... '"'-- '-- '~'~ ' Increase in Gross Floor Area: tf ~ applicant proposes to is-increase ir~-easing the gross floor area of any use on the subject property in any one of the following ways. the applicant ~hall comply with the development regulations in effect at the time of the proposal, as specified below:. a. If expansion of gross floor area of an existing building gq, curs either through addition of new floors within the structure or enlargement of the existing b..uilding foot print, the applicant shall comply with all development regulations ilq effect at the time the expansion is proposed. If the property_ on which the expansion is proposed is occupied by multiple tenants or uses. the applicarlt shall comply with those development regulations applicable to the geographic portion of the. site on which the expansion is proposed: or: b_.. If a new and ~eparat¢ structure is being constructed on an already developed site, the applicant shall c..orrlply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be c..onstructed. Abandonment:. If an appli~nt proposes any work, including tenant improvements, on ~e-subjeet-property that has been abandoned '^- a__policant shall comply with all deve!opmen~ regulations applicable to the subject property, lo the extent physicalJy or technically practicable on the site; ~' '-' ~ '~"~;^^' ..... ~" ~ ....... ~ for '~ °"' ...... ':"~ daye= The use conducted on the sub_leer property, has ceased far more than one year, i~ which case the applicant shall repair and/or restore the improvements on the.site (.e.g. drainaae, landscaping, curbing. ~arkinq. parking lot laQdsc..aping, etc.) to a condition as near as ~hvsically possible to the condition required by the requirements of approval of the existin(] development: The applicant is making any alteration or changes or doing any work. other than normal maintenance:er other than tenant improvements, in any or]e consecutive 12 month pedod to an improvement that is nonconforming 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 D_ireptor may require the applicant to providc__ao, appraise! from a second sourc~ ¢_c__co_ep_table to the CJ~y__if th_c__c~$~e~l_y~J.~~ea~to be inaccurate or Ordinance; h~o. 9/-307, Page 1,-~ inappropriate. If more than one appraisal is provided by the applicanLar re uqujr, cd~ the C_j_h,. the larger of thC two amounts shall be used. In the event this ¢ubse__mLO_Q.j~ .trig_gered with respect to a single-tenant or singlv,;,-occupant site. the aDplicanLs_baJi meet all development regulations applicable to the property_. In the eve~ subsection is triggered with respect to a site occupied by multiple tenants or the applicant shall comply with those development regulations appli~:abJe to th~ geographic portion of the site on which the alteration, change, or improvement is proposed. For 0umoses of this determining value under this section, improvements rec~uired pursuant to Sections 22-334 (Nonconforming Development). 22-336 (street/sidewalk improvements). 22-.337 (Nonconforming Water Quality__ Improvements) and 22-1473 (street/sidewalk improvements~ shall not be counted towards the 50% threshold which would trigger application of this subsection f22- 334(6)). This section (22-334) does not govern application of Article XIX. Community_ Design Guidelines; application of Article X1X is governed by FWCC 22-1630 -22-1639. as amended. This section (22- ~,4) also does not govern application of development regulations relating to water quail _ty. signs. or street/sidewalk improvements: application of those development regulations is 9ovemed by FWCC 22-337, 22-335.22<.336 and 22-1473. all as amended : (Ord. No. 90-43, § 2 (16.5.35(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 pedod, 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 Article X"v'lll, "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 ©rdh~anc¢; No. 97¥-'~0F, ~age 19 characterization as a legal nonconforming sign provided it meets the following requirements: ¢) 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. , (2) A/lowed. All legal norx~onforming signs am allowed subject to ali permit requirements, .the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) 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) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit 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). (2) Necessary information. Applications for a legal nonconforming sign permit shall contsin the name and address of the sign user, the sign owner and the owner of the property UFOn 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. (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day pedod shall within six month~ be brought into compliance with the code or be removed. Failure to comply shall subject 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) AmorCzabbn. All legal nonconforming 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 conforming within five years after the date of such amendment (collectively the "amortization period"). U-pon 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 3eriod. Ordinaf~cc} No. 97-3r}7, Page 20 (f) Extension or exemption from amortization period. (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. (2) Purpose. A sign amodization 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 whe0 a hardship would result from its enforcement. (3) Who may apply, the property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decr~ional crite[ia. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (a) The sign is compatible with the archite(~ral design of structures on the subject property. (b) 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 )(VIII of this code and that the sign area of the sign is within 20 percent of the sign area required by article XVlII of this code. Minor deviations from these percentages may be approved by the administrator if he or she concludes thst 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; (c) 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 economic 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. (d) The sign corn~lSlies with the city's minimum sign distance at intersection requirements pursuant to section 22-1151 et seq.; (e) If illuminat .ed, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; Ordinance No. 92'-307, Page 21 (f) It is consistent with the city" comprehensive plan; and (g) It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (0, the city will process an application for a sign amodization exemption or extension through Process I, Article VI of this code. (g) Lo.ss of legal nonconforming sign status. All nonconforming signs shaft be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and suc~'nonconforming siCn shall immediately lose its legal nonconforming designation when one or more of the following events occurs: 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; (2) Otheratterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvi~ments, in any 12-month period to any structure that houses or supports the use with which the nonconforming sign is assodated 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;, (3) 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; (4) (5) Sign alterabbns. The applicant is making d",anges, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include 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 n(~t 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. (6) Change in tenanL There has been a change in tenant or business on the subject property. In connection with any multiuse or multitenant 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 nonconformance and not to the other signs located on the Ordinance No. 9/-3()?, 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. Nonconforming on-site historical signs may be retained through Process II, Article VII of this code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (1) (2) 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 ,~igns are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the pedod in time it was installed; and (4) 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 imProyements must be installed. Samc--N~nconforming buffet's: An applicant for a development permit for any type of activity_ on property on which a nonconformance is located shall provide l;he improvements required by Article XVI of this chapter, as provided in FWCC 22-1473, as amended, (Ord. No, 90-43, § 2(110.20). 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 seq.: drainage program. § 21-26 et seq. "'"' ....~-:~ ~ .....-"' ' u ,,o c~hapt6q 'he ..... · -~ if: (1) ©rdin:',r',,~>~' No. 97-307, Page 23 (2) ~q · ' e~'~,-s~~r~~:,'~~r ~ defter buffer,-fo,- tY, e-n,~ (;) Sec. 22-337. Same-Any o~her nonconformance. Nonconforming Water Quality Improvements. This section sets forth the standards when and under what circumstances a structure, improvement or development or property that does not conform to the development regulations prescribed in (~hapter 21 of the FVVOO ('as amended) relating to water quality, or does not conform to the development regulations 9oqtained iP Article XIII, Division 12 of this chapter (FVVCC sections 22-1196 - 22-1220. as amended) must be brought into compliance with the development ....regulations in Ohapter 21 pertaininq to water quality_ and Article XIII, Division 12 of this chapter (FWCC. sections 22-1196 - 22-1220. as amended). a(¢~ Redevelopment, Any perso.n proposing to redevelop ~ structure, improvement, development or property must bdng that struqure, improvement, d.¢ve!opment orproperty into compliance with the development regulations in Chapter 21 pertainina to water quality and Article Xlil. Division 12 9f this cha[:)ter fFWCC 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, 'redeyelop" 9r "redevelopment" means, on an already developed site: the creation or addition .of impervious surfac_..¢; the expansion of a building footprint or addition or r~placemenf of a structure: structural development including a_n_ increase_in g_ro$$ floor area end/or exterior construction or remodelinq, where the strucXural development exceeds 50 percent of the assessed or apprai_,ted vaLuLe_~tructure ¢_r_i[Z]pcvement b~eing redevel~pedpthe repair or replacement of impervious surface that is noLpart of a routine maintenance activibzLa_¢h_an~¢ No. !)/ ) ', l,,/ f):.~g~} 2,1 a potential to release ¢ new .oollutant(~) to the City's sudace water sC_c/cms:, or lan~rbiag. activities associated with impervious redevelopment. f. 1) Redevelopment which involves the creation or addition of impervious surface~baving an area of 5.OO0 square feet or more: Redevelopment which involves the construction or replacement of a building footpdrlt or other structure having a surface area of 5.000 s0uare feet or more. or which involves the expansion of a building_ top.tint or other structure by ~.000 square feet of surfac~ area or more; (3) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an imperious surface, when such redevelopment is not part of a routine maintenance activi _ty: (4) Redevelopment which involves the collection and/or concentration of surface and/or storm water runoff-from a drainage area of 5.000 square feet or more: Redevelopmeot which contains or directly discharges to a-floodplain, stream, lake. wetlaqd, or closed depressioq, grourldwater rer_..harge area, or other water quality .sensitive area determined by the Public Works Director, tzcsed on a written map,. policy, water quali~, monitoring data or plan in existence or implem~nt¢~;t by Director prior to submission of a redevelopment application which is determined to t~gger a.~plicafion of this subsection, or based on information developed during review of a particular redevelopment application: Redevelopment which involves a chaqge in use, aqd the changed use has a poteqtial to release a new pollutant(s) to surface water systems within the City_. For the purposes of this subsection, "Flew pollutant(s)" means a pollutant that was not discharged at that local;ion immediately prior to the change in use, as well as a pollutant that was discharged iq less quaRl~itie$ imiTlediatety prior to the chanqe in us~; fT..__) Redevelopment. other than normal maintenance or other than tenant improvements. but including_any increase in 9ross floor area. in any one consecutive 12 month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloper, The applicant may provide an ao.o..raisal of the improvement. The appraisal must be from a source acceptable to the Ci_ty. The Director may reguire the applicant l;o provide an appraisal from a sc~cond source acceptable to the City if the assessed valuaf~ioR appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant ~r required by the City_. the greater of the two amounts shall be used. For purposes of this determining value under this section, improvements required _pursuant to Sections 22-334 (Nonconforming Development). 22-..3~6 (street/sidewalk i~provement~.2_~_37 (Nonconforming Water Quality Improvements) and 22-1473 [street/sidewalk improvements) shall not be counted towards the 50% threshold_ y,,hic,.h would triqger application of this subsection (22-337(7)). Bedevelopment of proce~y whL~ drains or discharges to a receiving water that has a documented water quail _ty problem, as determined by the Public Works Director based on a..map., plan_, water quality_ monitodno data or a written policy in existence or implemented b.v the Director prior to submission of a redevelopment application determined to tri<~aer application of this subsecfTbn., where the Director determines that the redevelopment requires additional specific controls ,to address the documented water quail _ty problem. .77ming, All improvements required by this se6fion (FWCC 22-337) shaft be ¢onstr~cted or installed concurrent with the redevelopment tfiggerina application of this section: pnless an applicant for redevelopment opts to pursue incremental construction of required improvements. In. that event, the applicant shall develop and submit to the P(]bli¢ Works Director a stormwater management pltn detailing aft of the improvements required by this section, and proceed according_~ the following sub~z~tions. (f) Ex, tent of Construction of Required Water Quality Improvements. Where the Public Works Director determines that incremental construction is physically feasible. the apolicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water quaffS, improvements 0-24% 25% 25-49% 50% >50°~ 100% Where construction of 100% of wat~'r quali~, improvements is required under this subsection, the improvements may be constructed, over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide: .odor to approval of the stormwater ma_nceement .elan: a ,e_erformance bqcd_and bond ¢=gfb=~menLt~aiL f(~_h¢_v~c_ttrm ~¢/~]~l ~q_t~c~ r~¢_tion $c~,~p/~p_.2~p_oseq' in the_pl,nc~_cnd (2J 2~==lncremetTtal construction not feasible, Wi~re the Public Worl~ ~~ determines that inc~mental ~n~bn is not ph~si~ll~asible~ 1~% of the ~ui~ quali~~ mu~ be i~. ~ncu~nt ~~~me~ (3) ,Calculation..of re~.e, yelopment value. For. pur. r~oses, of calculatincl th___.~e. value of redevelopment in order to apply section 22-337(b)(1)., the Public Works Director shall ,consider the cod of thc proposed redevelopment as a .c~rcentage of thc assessed or appraised .value (whichever is c~reated of all Stru<~res on the sub_iect properly. If an appraisal is used. if mu~ be pre_oared by an MAI appraiser acceptable to the City.. and paid for and submitted by the applicant, (4.) Subseq. uent redevelopment. Whenever any .Der~on seeks approval for redevelopment on property for which incremental construction of required water qual~. improvements was pr~viou~v authorized pursuant to this ~-=~fon (22-337(~)): any additional water o_uar~_ improvements to be required shall be determined by application of the schedule in section 22-337(b)(2) bas~! on the stormwater man¢cjement plan prepared as part of the first request for authorization of incremental construction. If water quality, re~.uirements have changed sinc'~ preparation of thc initial ~tormwater management plan., a new plan shall be prepared detaili.n.g improvements required to comply with any existing_and new req. uirem~_o_~, and the schedul~ in section 22-337(bJ[_2~h¢ll also bP applied to the new,Elan. lc) Locatior! of water quail _ty improvemer!ts, A person proposincl redevelepment on a property or site having a Federal Way Comprehensive plan designation of OO-F (Ci _b/ Core - Frame) or CC-C (Ci _ty Core - Center) may construct water quality_ facilities required by this section below grade, Cross references: Chapter 21 FWCC; FWCC 22-1196 - 22-1220. these mus~ht into confcrmaftee if: ,f',~ ,,. requir-eme~~rming-aspeet-of the this c,hapter--e~tabtisheador ~; or § 3(185.35), 4-21-g2; '~-~ "- ' ,.,,,.,. ,,,.,. 92-144, §9(IS5,35), ¢-- "" ""° "'""';'"---' provJsion' if - ..... : ""-':-:-' d6claion :- required Nonconforming ~i Wli~ QI[J~I ~ Q ~,, ! ..... i ~--*;..:& .... ~-~j~' '~:-~' prop~3:~ingd~d~ upon using ~her ~'~ :,',," ~-- ,,,,'" '~-, ,~ d~y~''~, ,~,,, ;n' 3u~h pro0633, ~n3[der.'~,~ dsgre6 of non~nfo~an~ and ~t3 -~'-':--~:- '- '~ ,,,~, ~,, ~ - ,~, -,~ ~F,,~, ,, ~,,~ any noa~fo~aa~ Sec. 22-3389. Special provisions for residential uses. if the subject property contains a-residential use that became nonconforming as to use or density as a result of the adoption of this chapter, '""" ,~, o~..,,,.,, ,o.. -..,.._, . ,, ,_,.~,, -.._-..,..,,., ~, ,,~,. ,o,e-e~, the following regulations apply: (1) 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 permit. (2) Other than as specified in subsection (1) of this sedion, 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 prope~rt~y and fair market value of these changes, alterations or other work exceeds 50 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 Ordinanc,e No. 97-3()7, Page 2,.3 appraisal is provided by the applicant o¢ required by the city, the larger of the two amounts shall be used. (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-.3389.1. Nonconforming accessory dwelling units. (a) Eligibility. Any nonconforming accessory dwelling unit ("ADU") located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereaff~, which does not corrform 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) The ADU was covered by a permit on the date of adoption of this Code, if one was required under applicable law;, or (2) 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) Allowed. All legal 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 ADUs 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 OCCUIZ. Increase in square footage. The applicant is increa.sing the gross floor area of any ADU; (2) Other alterab'ons. 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 ADU and the fair market value of such changes, alterations or other work exceeds 50 per~nt of the assessed value of that ADU as determined by the King County Assessor, (3) 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, (4) Change in use. There has been a ohange in use on the subject property as that term is defined by Section 22-1 of this Code. (Ord. No. 95-245, § 3(E), 12-.5-95) Editor"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_94-e. 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 ar'tide which do not conflict with the provisions of this section are unaffected by this section. Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of RCW ch. 90.76, 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 spedfied in subsection (1) of this section, the city may, using process ii .lY_, exempt a property or use from any of the requirements of this ar'tide if: so 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; The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and The public benefit of complying with the local, state or federal regulation cleady outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2(165.50), 2-27-90; Ord. No. 91-113, § 4(165150), 12-3-91; Ord. No. 92-135, § 3(165.50), 4-21-92; Ord. No. 92-144, § 3(165.50), 6-16-92) Sec. 22-34_0'1-. 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 spedfically 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. 22-34_1.~. Applicability of uniform codes. Nothing in this article in any way supersedes or relieves the applicant from compliance with the requirements of the dtys building codes, the Uniform Building Code. the UniforrnFjr_e_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. 22-342_-3. 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) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement pdor 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. (2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (3) The applicant applies for a building permit 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. A__ppeals. Notwithstanding any other provision in this chapter, a deci$ioF1 of the Director or the Hearinq Examiner with respe¢; Io the application of any provision of this Article shall be appealable as part of. and urlder the process applicabJe to. any appeal of a decision of the Director or the Hearing Examiner on the urlderlyina apptica'(ion or project for which City approval is sSught. (Ord. No. 93-43. Section 2 (175.10(7)~. 2-27-90: Ord. No. 97-291. Sec, 2~-368, 4-01-97}, Cross-referej]9~~-368 (_concerning appeal of Pro~,~%s I1 decision): Sec. 22-400 (concern_La&.scope of a_~f Process III approX. Ordinance No. 97-307, Page 31 Ordinance No. 97-307, Page 32 ATTACHMENT 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 fadlities 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 including, but not limited to, road realignment, 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 t-o-afea~ 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(B), 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 se~ing 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) 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. (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of ali existing landscaping and buffer on the subject property. (5) The nature of the outdoor use, activity or storage. (6) 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) All outdoor use, activity and storage areas must comply with required buffers for the primar'/use. (2) 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. (3) 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. (4) 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. I~ all other cases, the height of items stored outdoors shall not exceed six feet above finished grade. (5) 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) Exceptions to outdoor use, acdvity or sforage. 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: (1) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year. (2) Outdoor amusement rides, camivals and circuses and parking lot sales which are accessory to the indoor sale of the same goods and services if ~ese uses will not operate more than seven days in any six-month pedod. (3) Outdoor dining and refreshment areas, including espresso carts. (4) Outdoor display of vehides for sale or lease; provided that the display area complies with the parking area screening from rights--or-.way requirements in section 22- 1567(e). (5) Year round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the sale goods and services, provided that the use does not include outdoor play equipment, storage sheds, furniture or mec_2-ianical 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 will be used for outdoor use, activity or storage for at least two consecutive months out of every year. (0 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) Modification. 'Fne applicant may request a modification of the requirements of subsection (c) of this section. This request will be reviewed and decided upon under process II. 'Fne city may approve the modification if: (1) The modification will not create a greater impact on .any nearby residential use than would be created without the modification. (2) The modification will not detract from the character of any use. (3) 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 ,Gec .~2-2-'I 4O-2-;-Buf-fer-requirem ervt~. k:~ardin~nco n fuse.or2 Ordinance No. 97-307, Page 37 ORDINANCE NO. .' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAYs WASHINGTON, REPEALING CHAPTER 21 OF THE FEDERAL WAY CITY CODE AND ADOPTING A NEW SURFACE AND STORM WATER MANAGEMENT CODE AS CHAPTER 21 OF THE FEDERAL WAY CITY CODE WHEREAS, Chapter 21 of thc Federal Way City Code sets forth requirements pertaining to surface and storm water management; and WHEREAS, Chapter 21 was adopted in February, 1990, at the time of the City's incorporation; and WHEREAS, following the adoption of Chapter 21, the Washington Legislature adopted RCW 90.70, et seq.; and WHEREAS, RCW 90.70 created the Puget Sound Water Quality Authority and required the Authority to adopt a water quality management plan which, among other things, includes recommendations for implementation mechanisms to be used by state and local government agencies; and WHEREAS, RCW 90.70.070 requires local governments to evaluate and incorporate as applicable, subject to the availability of appropriated funds or other funding sources, the provisions of the water quality management plan, including any guidelines, standards, and timetables contained in it; and WHEREAS, the Authority's water quality management plan directs the Department of Ecology to prepare a Model Storm Water Management Ordinance and associated guidance documents, to assist local governments in complying with the requirements of RCW 90.70.070; and WHEREAS, the Department of Ecology has prepared a Model Storm Water Management Ordinance, and associated guidance documents; and WHEREAS, to comply with the requirements of RCW 90.70.070, the City wishes to adopt changes to the Federal Way City Code that implement and are consistent with Ecology's Model Ordinance and technical guidance; and WHEREAS, the Department of Ecology has reviewed the amendments contained herein, and approved them as being consistent with Ecology's Model Ordinance and the Authority's water,,quality management plan; and WHEREAS, the Federal Way SEPA Responsible Official issued a Notice of Adoption on June 24, 1998, adopting the Determinations of Nonsignificance previously issued by the State and King County, respectively, for Ecology's Model Ordinance and King County's Surface Water Design Manual; and WHEREAS, on October 18, 1999, the City Council Land Use and Transportation Committee considered the amendments contained herein, accepted public comment on them, and recommended that they be forwarded to the full City Council for fu-st reading; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The Federal Way City Council hereby finds that: 2 A. Stormwater pollution is a problem associated with land utihzation and development and the common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, pet wastes and numerous others. B. 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 streams. C. Sedimentation and stormwater pollution cause diversity of species to decrease and allows more tolerant (and usually less desirable) species to remain. D. 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. E. 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 limitaIion, 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. F. Continuation of present stonnwater 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. G. 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. Ho 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. J. Stmmwater facilities are a common feature of urban development. 3 K. In order to function properly so that they perform as designed to prevent or remove pollution and/or to reduce flooding, stmmwater facilities must be regularly inspected and maintained. If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater. If not adequately maintained, stonnwater facilities could fail and cause considerable damage to the public. d. The City Council finds that this ordinance 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 abutting property. -- Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses. -- Preserve and enhance the aesthetic quality and biotic integrity 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 stoimwater-related damage to public and private property from existing and future runoff. Protect the health, safety and welfare of the inhabitants of the City. Ensure maintenance of all stormwater facilities within the City by setting minimum standards for the inspection and maintenance of stormwater fac/l/ties 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, ground water and/or wildlife habitat 4 Section 2. Repealer. Chapter 21 of the Federal Way City Code is hereby repealed in its entirety. Section 3. Amendment. The following amendments are adopted as a new Chapter 21 of the Federal Way City Code: Article I. General Section 21-1. Definitions. When used in this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section: Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner, and to such an extent as the Director determines is necessary in the interest of the general health, safety, and welfare of the community. Adjustment means a department appr°¥ed 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. AKART is an acronym for "all known, available, and reasonable methods of prevention, control, and treatment." AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution. Applicant means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the fight to such an easement, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit, or approval. Approval means the proposed work or completed work conforms to this Chapter in the opinion of the Public Works Director. Aquifier means a geologic stratum containing groundwater that can be withdrawn and used for human purposes. Background conditions means the biological, chemical, and physical conditions of a water body outside the area of influence of the discharge under consideration. Background sampling locations in an enforcement action would be up gradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforcement action is being taken for possible violations to the standards, background sampling would be undertaken immediately up gradient from each discharge. When assessing background conditions in the headwaters of a disturbed watershed, it may be necessary to use the background conditions of a neighboring or similar watershed as the reference conditions. " Baseflood means the flood having a one percent chance of being equaled or exceeded in any given year; also referred to as the "100-year flood." The base flood is determined for future flow conditions. Basin means any area draining to a point of interest. Basin plan means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing surface and 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 tlae City that can be applied routinely or globally to all projects whe,~e appropriate. Blanket adjustments are usually based on a previously approved adjustment and can be used to effect minor changes or corrections to the design requirements of the King County Surface Water Design Manual, and Federal Way Addendum or to add new designs and methodologies to that manual. BMP Manual means the King County "Stormwater Pollution Control Manual" (and supporting documents as appropriate) describing best management practices, design, maintenance, procedures, and guidance. Change of use shall be detei~fined to have occurred when it is found that the general character of the operation has been modified. Channel means a long, narrow excavation or surface feature that conveys surface water and is open to the air. Chapter means Chapter 21 of the Federal Way City Code, and any administrative rules and regulations adopted to implement it. Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical methods. Closed depression 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 6 wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nor/agricultural 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 ex/sting and ongoing agricultural activity. Construct or modif!t 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 ell~ments 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 stmmwater 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. Development means any activity that requires a permit or approval, including but not limited to a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, Urban Planned Development, binding site plan, site development, or fight-of-way use permit. Director means the Director of the' City of Federal Way Public Works Department. Discharge n., means runoff, excluding offsite flows, leaving the proposed development through overland flow, built conveyance systems, or infiltration facilities. Discharge v., means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted, or poured into water. Ditch means a constructed channel with its top width less than 10 feet at design flow. 7 Drainage refers to the collection, conveyance, containment, a~..d/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 fight to use a parcel of land for a particular purpose. It does not include fee ownership, but it may restrict the owner's use of the land. Emergency means a situation which, ig the opinion of the Director, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons, property or the environment. Engineering review means an evaluation by the Federal Way Public Works Department of a proposed project's compliance w/th the drainage requirements in the King County Surface Water Design Manual, Federal Way Addendum, and with other Federal Way requirements. Environmentally sensitive areas means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Erosion means detachment and transport of soil or rock fragments by water, wind, ice, etc. Erosion and sediment control means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site. Experimental BMP means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts. Experimental design adjustment means an adjustment used for proposing new designs .or methods which are different from those in the King County Surface Water Design Manual, and Federal Way Addendum which are not uniquely site specific, and for which data sufficient to establish functional equivalence do not exist. 8 Farm management plan means a comprehensive site-specific plan developed by the farm owner in cooperation with the City talcing into consideration the land owner's objectives while protecting water quality and related natural resources. Federal Way Addendum to KCSWDM means the companion document to the KCSWDM that adapts the KCSWDM for development applications in the City of Federal Way. This document can be obtained from the Federal Way Public Works Department. FEMA means Federal Emergency Management Agency. Fertilizer means any material or mixture used to supply one or more of the essential plant nutrient elements. Financial guarantee means a form of financial security posted to ensure timely and proper completion of improvements in comphance 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 ~uarantee' 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. 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 9 review addresses the impacts associated with adding new impervious surface and changing land cover on typical sites. Full Drainage Review ii 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, channei, 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. 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). High-use site means any one 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 stoi-rawater 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. 10 Impervious surface means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development; and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of surface and 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 Surface Water Design Manual means the Manual (and supporting documents as appropriate) describing surface and storm water design and analysis requirements, procedures, and guidance, and which is formally adopted herein by the City of Federal Way. The King County Surface Water Design Manual will be available from the King County Department of Deve!opment and Environmental Services or the Department of Natural Resources. King County Stormwater Pollution Control Manual {KCSPCM) also described as the "BMP Manual; means the document prepared by King County and adopted by Federal Way, that describes best management practices, design, maintenance, procedures, and guidance. 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. Landslid~ 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 wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster leakage, etc. Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of environmental concern because they do not degrade over time. Although many are necessary nutrients, they axe sometimes magnified in the food chain, and they can be toxic to life in high enough concentrations. Mitigation means the reduction of a potential impact by the use of any or all of the following actions that are listed in descending order of preference: Avoiding the impact altogether by not taking a certain action or part of an action; 11 Minimizing impacts by limiting the degree or magnitude of the action and its implementation, bY using appropriate technology, '~r 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. National Pollutant Discharge Elimination System or NPDES means the national program for controlling pollutant discharges into waters of the United States under the Clean Water Act. National Pollutant Discharge Elimination System Permit, or NDPES Permit, means an authorization, license, or an equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program. Natural location means the location of those channels, swales, and other non- manmade conveyance systems as de£med 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. Offsiteflows means runoff conveyed to a proposed project from adjacent properties. Omission means a failure to act. Onsite means the site that includes the proposed development (see "site"). Ordinary high water mark means the mark that will be found by examining the bed and banks of a stream and ascertaining where the presence and action of waters are 12 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 re&pect to vegetation. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature. Overtopping means to flow over the limits of a containment or conveyance elements. Person means any individual, (including their agents or assigns), partnership, corporation, association, business, organization, cooperative, public or municipal corporation, or government agency, however designated. Pesticide 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 mn-on or blow-in of rainfall. Thus, a covered parking area would be included if runoff from uphill cOuld regularly mn 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 init/al project intentions to the City of Federal Way. Preapplication does not mean application. 13 Preapplication adjustment means an adjustment that can be reques, ted prior to permit apphcation. It is useful for when an adjustment decision is needed to determine if a project' is feasible, or when the approval conditions must be known to determine if a project is viable before funding a full application. The approval of preapplication adjustments is tied by condition to the project proposal presented at a preapphcation 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 e>~pansion 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 o![, impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the City's surface water systems; or land disturbing activities associated with impervious redevelopment. Regional retention/detention system means a stormwater quantity control structure designed to prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment. Regulated Lakes shall mean the following wetlands as shown in the King Cou. ntY Wetlands Inventory Notebooks, Volume 3 South: Lower Puget Sound 6, 7, 12, 15, 16 and 17. · Hylebos 2, 11, 13, and 16 Retention means the process of collecting and holding surface and storm water runoff with no surface outflow. Retention/detention facility (R/D) means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater conveyance system. 14 Run-on or blow-in of rainfall means stormwater from uphill that could regularly run through an area, or rainfall that could regularly be blown in and wet the pavement surface. Scour means erosion of channel banks due to excessive velocity of the flow of surface and stormwater runoff. Sediment means fragmented material which originates from weathering and erosion of rocks or unconsolidated deposits, and which is transported by, suspended in, or deposited by water. Sedimentation means the depositing or formation of sediment. Shoreline substantial development shall be as defined in Chapter 18 of the Federal Way City Code. Short subdivision {also known as a "short plat") shall be as defined in Federal Way City Code Chapter 20. 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 proje?t that creates single family residential lots such as a plat or short plat. Site means the legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from Federal Way to carry out a development activity, including any drainage improvements required by this ordinance. This te~m is equivalent to the term "Subject Property" in Federal Way City Code Chapter 22 (Zoning Code). Site improvement plan consists of all the plans, profrles, details, notes and specifications necessary to construct road, drainage structure and off-street parking improvements. A Modified Site Improvement Plan means a limited or simplified "Site Improvement Plan" used for some projects in targeted review and/or where major improvements are not proposed. Small Site Drainage Review is a simplified alternative to Full Drainage Review for small residential building and subdivision projects that add between two and ten thousand square feet of new impervious surface. The core and special requirements applied under Full Drainage Review are replaced with simplified small site requirements which can be applied by a non-engineer. Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants. Source control BMP means a BMP intended to prevent contaminants from entering surface and 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 15 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 shallow groundwater. Storrnwater 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. "Stmmwater drainage system" includes both public and privately owned features. Stormwaterfacility means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement. Stormwater facilities are described in the Stormwater Management Manual. Stormwater System Operation and Maintenance Manual means the Manual adopted by reference and prepared by the City of Federal Way. Stream means an area where surface waters produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year- round. This definition is not meant to include irrigation ditches, canals, storm 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. Subdivision [also known as "plat") shall be as defined in Federal Way City Code Chapter 20. 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 16 road shoulders primarily used for emergency parking, fenced firelane, s, and infrequently used maintenance access roads. Surface and storm water means water originating from rainfall and other precipitation that ultimately'flows into drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands as well as shallow groundwater. Targeted Drainage Review means an evaluation required by this 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. Treatment BMP means a BMP intended to remove contaminants once they are already contained in stoi-m water. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wet-settling basins. Toxic means poisonous, carcinogenic, or otherwise directly harmful to life. Utility shall mean the Federal Way Surface Water Management Utility. .; Vegetation means all organic plant life growing on the surface of the earth. Watershed means the geographic region from which water drains toward a central collector such as a stream, river, lake, or salt water. 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 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). 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. Section 21-2. Construction and Intent. Ao This chapter is enacted as an exercise of the City's police powers, to protect and preserve the public health, safety, and welfare. Its provisions shall be exempt from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. 17 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 te~ms of this chapter. Further, nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability by the City, its officers, employees or agents for any injury or damage resulting from the failure of the person(s) responsible for the violation to comply with the provisions of this chapter or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the City, its officers,' employees or agents. 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. Do When any provision of any other chapter of the Federal Way Code conflicts with this chapter, the provision which provides greater environmental protection shall apply, unless specifically provided otherwise in this chapter. Section 21-3. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. Section 21-4. Administration. The Director of Public Works or his or her designee shall administer this chapter, and shall have the authority to develop and adopt administrative procedures to administer and enforce this chapter. Article II. Stormwater Management Division 1. Generally Section 21-5. Purpose. A. The provisions of this Chapter are intended to guide all who conduct new development or redevelopment within the City. The provisions of this ordinance establish the minimum level of storm and surface water compliance which must be met to permit a property to be developed or redeveloped within the City. B. It is the purpose of this Chapter to: (1) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies. 18 (2) (5) (6) (7) (8) (9) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices. 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 stormwater management infrastructure and those downstream. 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, ro~lace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural qualities of lands, wetlands and water bodies. Division 2. Regulated and Exempt Activities Section 9.1-6. Regulated Activities. The following activities are subject to the provisions of this article, unless exempted below: A. New Development 1. Single family residential or small site development works; 2. Projects that add 5,000 square feet or more of new impervious surface; Projects that propose 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 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). 19 B. Redevelopment, as defined in this chapter (and as also defined in Chapter 22-337), which meets or exceeds one of the following thresholds or criteria~ 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; o 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; o Projects which contain or directly discharge to a floodplain, stream, lake, wetland, , or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; 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 quantifies 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 any one consecutive 12 month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped; or o Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as deterrrfined by the Public Works Director based on a map, plan, water quality monitoring data or a written 20 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. Section 21-7. Exemptions. The following activities are exempt from the provisions of this chapter: A, Bo 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; and Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173- 270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the requirements of this chapter. Section 21 ~8. Application of Articl[ to Regulated Activities A. Prior to the Director's approval that the requirements of this article have been met, the City shall not grant any permission or approval, including but not limited to the following approvals, {or projects involving any regulated activity: 1. Binding Site Plan (BSP) 2. Building Permit (residential or commercial) 3. Clearing and Grading/Land Surface Modification 4. Experimental Design Adjustment 5. Franchise for Utility or Other Right-of-Way Use 6. Preapplication Adjustment 7. Right-of-Way Use Permit 8. Right-of-Way Improvement Modification 9. Shoreline Substantial Development Permit 10. Short Subdivision (Short Plat) Approval 11. Single Family Residential Building Permit 12. Site Plan Approval 13. Use Process I, III, or IV Approval 12. Special Use Perafit 13. Subdivision (Plat) Approval (Preliminary or Final) 14. Zoning Reclassification 15. Zoning Variance Regulated activities may be conducted only after the applicant has demonstrated comphance with all the elements of the appropriate level of drainage review as required by this chapter, obtained the Director's approval, and obtained other permits or approvals as may be required by the Federal Way City Code. 21 Division 3. General Requirements Sec. 21-9. Manuals and Addendum Adopted The King County Surface Water Design Manual, the Federal Way Addendum to the King County Surface Water Design Manual, and the King County Stormwater Pollution Control Manual, as they exist on the effective date of this article or as hereafter amended, are hereby adopted by this reference. They are referred to in this article respectively as the KCSWDM, Federal Way Addendum, and the KCSPCM. Sec. 21-10. Stormwater Best Management Practices (BMPs) General. BMPs, as specified in the KCSPCM, shall be used to control pollution from stormwater, and to comply with the standards in this Ordinance. Experimental BMPs. In those instances where appropriate BMPs are not specified in the KCSPCM, experimental BMPs should be considered. Exper/mental BMPs are encouraged as a means of solving problems in a manner not addressed by the K.CSPCM in an effort to improve stoimwater quality technology. Experimental BMPs must be approved by the Director of Public Works prior to construction. Sec. 21-11. Illicit Discharges. Illicit discharges to stormwater drainage systems are prohibited. Division 4. Approval Standards Section 21-12. Core and Special Requirements Depending on the type of drainage review required, as described in Sections 21- 13 below, one or more Core or Special Requirements shall be met. The Core and Special requirements, described below, are also described in detail in the KCSWDM and Federal Way Addendum adopted by reference in Section 21-9. A. Core Requirements. 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. 22 2. Core Requirement #2 - Offsite Analysis Ail proposed projects must submit an offsite analysis report that assesses potential offsite drainage impacts associated with development of the project site and proposes appropriate mitigations of those impacts. The initial permit submittal shall include, at minimum, a Level 1 downstream analysis as described in the KCSWDM and Federal Way Addendum. 3. 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 perfmmance 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. 4. Core Requirement #4 - Conveyance System All engineered conveya¢, ce 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. 5. 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. 6. Core Requirement #6 - Maintenance and .Operations Maintenance and operation of all drainage facilities is the responsibihty 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. 23 7. Core Requirement #7 - Financial Guarantees a..nd 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 9.2. 8. Core Requirement #8 - Water Quality Ail 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 apphcable WQ implementation requirements in Chapter 1.2.8.2 of the Federal Way Addendum to the-KCSWDM. B. Special Requirements 1. 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. 2. Special Requirement #2 - Floodplain/Floodway Delineation Floodplains and floodways are subject to inundation during extreme events. The 100-year floodplains are delineated in order to minimize flooding impacts to new development and to prevent aggravation of existing flooding problems by new development. 24 Regulations and restrictions concerning development within a l O0-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." 3. 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. 4. Special Requirement #4 - Source Control Water quality source controls, many of which are listed in the KCSPCM, prevent rainfall and runoff water from coming into contact with pollutants, thereby reducing the likelihood that pollutants will enter public waterways and violate water quality standards. When applicable, structural source control measures, such as car wash pads or dumpster area roofing, shall be shown on the site improvement plans submitted for engineering review and approval. Other nonstructural source control measures, such as covering storage piles with plastic or isolating areas where pollutants are used or stored, are to be implemented after occupancy and need not be addressed during the plan review process. All commercial and industrial projects (irrespective of size) undergoing drainage review are required to implement applicable source controls. 5. 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. 25 Section 21-13. Drainage Review A. When Required. Drainage review is required for any proposed project, including new development and redevelopment {except for those proposing only routine maintenance, repair, or emergency modificatiOns) which is or includes a regulated activity under Section 21-6 above, AND for which City approval, including but not limited to any approval listed in Section 21-8 above, is required. B. Type of Drainage Review Required. One of the following three types of drainage review will be required, depending on the project; provided, however, that a project which qualifies for Small Site Drainage Review may also require Targeted Drainage Review if the requirements for Targeted Drainage Review are met: 1. Small Site Drainage Review Small Site Drainage Review is required for single family residential or subdivision projects that,'add 2,000 to 10,000 square feet of new impervious surface AND clear less than 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". 2. Full Drainage Review Full Drainage review is required for any proposed project, including redevelopment projects, that adds at least 5,000 square feet of new impervious surface. If full drainage review is required, then the applicant must demonstrate that the proposed project complies with the following requirements: 12. ao All core requirements specified in Section 21- 21-12. bo All special requirements specified in Section 3. Targeted Drainage Review Targeted Drainage Review is required for any proposed projects, 26 including redevelopment projects, that are not subjec, t to Full Drainage Review, AND which fall into one or more of the following categories of projects: a. TDR Category # 1: Projects that contain or are adjacent to floodplains or environmentally sensitive areas b. 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 c. TDR Category #3: Redevelopment projects as defined in Federal 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 requirerl~ents 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: · Special Requirement Requirements · Category # 1 conditions: Erosion and Sediment Control # 1: Other Adopted Area-Specific Special Requirement #2: Floodplain/Floodway Analysis Special Requirement #3: Flood Protection Facilities Special Requirement #4: Source Control The following requirements may be applied to projects in TDR at the discretion of Public Works based on site-specific · Core · Core · Core · Core · Core · Core · Core Requirement Reqmrement Reqmrement Reqmrement Reqmrement Reqmrement Reqmrement # 1: Discharge at Natural Location #2: Offsite Analysis #3: Flow Control #4: Conveyance System #6: Maintenance and Operations #7: Financial Guarantees & Liability #8: Water Quality TDR Project Category #2 The following requirements apply to projects in TDR Category #2: 27 Core Requirement # 1: Core Requirement #2: Core Requirement #4: Core Requirement #5: Core Requirement #6: Discharge at the Natural.. Location Offsite Analysis Conveyance System Erosion and Sediment Control 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 it3 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. Section 21-13.5. Liability Insurance. The person required to construct any storm drainage facility required herein shall maintain a liability policy in the amount of $500,000.00 per individual, $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, relating to the construction or maintenance of the facility. Proof of such liability policy shall be provided to the public works director prior to commencing construction of any drainage facility, provided that in the case of facilities dedicated to and accepted by the city for maintenance pursuant to Sections 21-26 - 21-27 below, such liability policy shall be terminated when' the City maintenance responsibility commences. 28 Division 5. Administration and Enforcement Section 21-14. Review and Approval Authority. The Director, or his or her designee(s), may approve, conditionally approve or deny an application for regulated activities under this article. Section 21-15. Enforcement. The Director shall enforce this article, and the terms and conditions of any application, permit or approval for regulated activities granted under this article, using FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not hmited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II - III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. Section 21-16. Inspection. All activities regulated by this article, except those exempted under Section 21-7, shall be inspected by the Director or his or her designee(s). The Director or designee{s) shall inspect projects at various stages of th~ 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 wa/Is and completion of project. When required by the Director, a special inspection and/or testing shall be performed. Any applicant who has obtained the approval of the Director under this article shall permit the Director or designee(s) access to the property, when requested, to permit the inspections required by this section. Division 6. Adjustments Section 21-17. Purpose and Timing. An applicant seeking approval under this article for a regulated activity may seek the approval of the Director to vary from one of the Core or Special Requirements under Section 21- 12, or any other specific requirement or standard contained in the KCSWDM and Federal Way Addendum. Proposed adjustments should be approved prior to final permit approval, but the Director may approve an adjustment up to the time the Director approves final construction or accepts drainage facilities for maintenance. Section 21-18. Types of Adjustments. There are four types of adjustments, as follows: Ao Standard Adjustments Complex Adjustments 29 Experimental Design Adjustments Blanket Adjustments The appropriate use for each adjustment type is described in the KCSWDM and Federal Way Addendum. Section 9.1-19. Authority. The Director shall have authority to approve or deny all four types of adjustments, for any regulated activity, requiring drainage review under this article. Section 9.1-9.0. Criteria for Granting Adjustments Adjustments to the requirements in the KCSWDM and Federal Way Addendum may be granted, provided that the adjustment will: A. Produce a result comparable to that which would be achieved by satisfaction of the KCSWDM and Federal Addendum requirements, and which is in the public interest, AND B. Meet the objectives of safety, function, appearance, environmental protection, and maintainability baaed on sound engineering judgment. When an applicant demonstrates to the Director's satisfaction that meeting either the KCSWDM and Federal Way Addendum requirements, or the requirement to produce a comparable result, will deny an applicant all' reasonable use of his or her property, the applicant shall implement the best practicable alternative that achieves the spirit and intent of the requirement, as determined by the Director. Public Works staff shall provide recommendations to the director on the best practicable alternative to be required. Any adjustment that would conflict with the requirements of any other Chapter of the Federal Way City Code must first be reviewed and approved by the department responsible for administration of that chapter. Section 21-21. Experimental Design Adjustments. Adjustments utilizing an experimental water quality facility or flow control facility may be approved by the Director on a limited basis ff the following criteria are met: A. The new design is likely to meet the identified target pollutant removal goal or flow control perfmmance based on performance data and theoretical considerations, AND B. Construction of the facility can, in practice, be successfully carried out, AND C. Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner, AND 30 D. Th'e applicant or property owner contributes a share.'of the cost of monitoring to determine facility performance. The Director may condition approval of an experimental design adjustment upon the applicant's agreement to reserve sufficient land area and post a bond or other financial guarantee satisfactory to the Director, for construction of a conventional facility should the experimental facility fail. The Director may approve release oir the set aside area and financial guarantee upon proof of operation of the experimental facility to the satisfaction of the Director. Section 21-22. Adjustment Application and Review Process. A. Timing. Requests for standard and complex adjustments w/il be accepted only for permits pending approval or approved permits that have not yet expired. Applications for preapphcation adjustments and exper/mental design adjustments may be submitted prior to permit apphcation if the applicant provides justification at a preapplication meeting with Public Works that an adjustment decision is needed to determine the viability of the proposed project. There is no application process for blanket adjustments because they are initiated and issued solely by the City. B. Submission of Application'. The completed adjustment request application forms must be submitted to the Director, along with sufficient engineering information (described in Chapter 2 of the KCSWDM and Federal Way Addendum) to evaluate the request. The application shall identify the specific requirement for which the adjustment is sought. C. Review of Application. The Director or his or her designee will review and either approve or deny the adjustment request in writing following the Director's determination that all necessary information has been received from the applicant. Approvals of standard and complex adjustments will expire upon expiration of the permit to which they apply. Approvals of preapplication adjustments will expire one year after the approval date, unless a complete permit application is submitted and accepted. D. Blanket adjustments. Blanket adjustments may be issued by the Director based on: 1. A previously approved standard, complex, preapplication, or experimental design adjustment and supporting documentation, AND 2. Information describing the need for the blanket adjustment. Typically, blanket adjustments should apply globally to design or pr.ocedural requirements and be independent of site conditions. Section 21-23. Appeal Procedure. A. Appeal procedure. The applicant may appeal the denial or approval conditions of an adjustment request by submitting a formal letter to the Director 31 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 apphcable) and a listing of all previously submitted material. The department director shall respond to the applicant in writing within 15 working days; this decision shall be final and not subject to subsequent appeal, either independently or as part of an appeal of overall project land use or building permit approval. A per-hour review fee will be charged to the applicant for the Director's review of an appeal. B. Director's Decision on Appeal. The Public Works Director or designee may grant an except/on from the adjustment denial or approval conditions provided that the Director finds that the request satisfies the following criteria: 1. The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; 2. That there are special physical circumstances or conditions affecting the property such that the intent of the Core and Special Requirements has been met; 3. That granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and 4. The exception is the least possible exception that could be granted to comply with the intent of the Core and Special Requirements. Exceptions granted shall expire upon expiration of the permit to which they apply. ARTICLE IlL Operations and Maintenance. Division 1. Generally Section 21-24. Purpose. The provisions of this article are intended to: A. Provide standards and procedures for inspection and maintenance of stormwater facilities in Federal Way to provide for an effective, functional stormwater drainage system. B. Authorize the Federal Way Public Works Department to reqUire that stormwater facilities be operated, maintained and repaired in conformance with this Ordinance. C. Establish the minimum level of compliance which must be met. 32 D. Guide and advise all who conduct inspection and maintenance of storrnwater facilities. E. Prevent harmful materials from leaking, spilling, draining, or being dumped into any public or private stormwater system. Section 21-25. Adoption of State Statutes and Regulations. The following state statutes and administrative regulations are hereby adopted by this reference as if set forth in implement this chapter: RCWs Title 43.20 70.95 70.105 90.48 90.54 90.70 WACs 173-9.00 173-201A 173-216 173-220 '173-204 173-303 173-304 173-340 246-290 full, to the extent necessary to interpret and 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 Washington Water Quality Standards for Surface Waters of the State 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 Pubhc Water Supplies of of 33 Division 2. Ownership, Operation and Maintenance Requirements... Section 21-26. Ownership of Stormwater Facilities. A. Public Stormwater Facilities. Stormwater Facilities in Rights-of-Way or Dedicated Easements or Tracts. The City of Federal Way shall own, operate and maintain all elements of the storm drainage system in the right-of-way and in easements or tracts granted or dedicated to, and accepted by, the City of Federal Way. Existing Stormwater Facilities on Private Property. The City of Federal Way will not acquire or accept (via dedication, grant of easement, or other conveyance) existing components of the stormwater conveyance system located on private property, except when the components are needed for City of Federal Way construction projects identified in the Capital Facility Plan or annual Capital Improvement Program. New Stmmwater Facilities., The City of Federal Way will accept ownership and responsibility for new retention / detention systems (via dedication, grant of easement, or other conveyance) only if all of the following conditions are met: a. Public ownership of the system will provide a public benefit; bo An easement or dedication of the property is offered by the property owner at no cost; c. The system meets City standards; do There is access for City of Federal Way maintenance from a public right-of-way; eo The City of Federal Way has adequate resources to maintain the system; AND The system serves a subdivision (as opposed to a short plat or commercial property). B. Private Stotmwater Facilities. Stormwater systems located on private property shall be the responsibility of the owner to operate, inspect, maintain and improve. 34 Section 21-27. Maintenance Responsibility. A. Generally. 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. B. Public Stormwater Facilities. The responsibility of the City of Federal Way shall be limited to maintenance and operation of the City of Federal Way stormwater system, and the City of Federal Way assumes no responsibility for maintenance and operation of private systems. C. Private Stroh,water 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. D. New Subdivisions and New Short, l>lats In new subdivisions and short plats, maintenance responsibility for private drainage facilities shall be specified on the face of the subdivision or short plat. E. Existing Subdivisions and Existing Short Plats If a private drainage facility serves multiple lots and the responsibility for maintenance has not been specified on the subdivision plat, short plat or other legal document, maintenance responsibility shall rest with the homeowners association, if one exists, or otherwise with the owners of the properties served by the facility. If owners of the properties served by the facility cannot be located, maintenance responsibility shall rest with the owner(s) of the property on which the facilities are located. Section 9.1-28. Minimum Maintenance Standards 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 facihties, 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 35 Where 'maintenance and repair is necessary to correct health or safety problems, to prevent harmful materials from '~ntering the stormwater system, or to remove harmful materials that have entered the stormwater system, such work shall be completed by the owner or operator of the stormwater system or stormwater facility within 24 hours of discovery of the need for maintenance or repair. When maintenance and repair is found necessary to prevent water quality degradation, such work shall be completed within 14 calendar days of discovery of the need for maintenance or repair. For other related problems, maintenance or repairs shall be completed within 30 calendar days of discovery or repair. 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 or hazardous so as to preclude written notice, he or she may take the measures necessary to eliminate the hazardous situation, provided that he or she shall first mal~e a reasonable effort to locate the owner before acting. In such instances the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a bond pursuant to this chapter or other city requirement has been posted, the public works director shall have the authority to collect against the bond to cover costs incurred. Eo Illicit discharges to the stormwater system are prohibited, unless such discharges are authorized in accordance with Chapter 173- 216 WAC (State Waste Discharge Pernfit Program) or Chapter 173- 220 WAC (National Pollutant Discharge Elimination System Program). Fo 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 sto~mwater system. Further, storage, handling and disposal shall be conducted in accordance with Chapters 173-3'04 and 173-303 WAC. Section 21-29. Disposal of Waste from Maintenance Activities Disposal of waste from maintenance activities shall be conducted in accordance with the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. 36 Division 3. Administration and Enforcement. Section 21-30. Inspection Program. A. Program The Director is shall develop and implement a program and procedures for.the regular inspection of all public and private stormwater facilities in Federal Way.' As part of that program, or whenever there is probable cause to believe that a violation of this chapter or article has been or is being committed, the Director (or his or her designated inspector) is authorized to inspect all public and private portions of the stormwater drainage systems within Federal Way during regular working hours and at other reasonable times to determine compliance with the provisions of this chapter. B. Schedule As part of the inspection program, the Director shall establish a master inspection and maintenance schedule. Inspections shall be annual, at a minimum. Critical stormwater facihties 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 rpalntenance intervals shall be scheduled more frequently if determined by the Director to be necessary in order to assure future compliance. If, during the course of the inspection program, additional existing stormwater facilities are discovered, they shall be added to the master inspection and maintenance schedule. Section 21-31. Entry to Sto~mwater 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. Bo If after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates a risk of imminent harm to persons or property, the inspector may enter. Co If entry is not consented to by the owner or person(s) in control of the property or portion of the property, and no conditions are reasonably believed to exist which create a risk of imminent harm, the inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the State of Washington, the Federal Way Municipal Court is hereby authorized to issue a warrant permitting the inspection of privately owned stormwater 37 facilities, upon a showing of probable cause to be.l. ieve provision of this chapter has been or is being violated. that a Do The inspector may also 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. mo 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 facility or commits a violation of this 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 11). days of receipt of the notice. The Director's decision on any 'such reconsideration shall be final and not subject to further appeal. Fo 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 and regular mail. The notice shall be deemed received when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the Director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The Director's decision on any such reconsideration shall be final and not subject to further appeal. Section 21-32. Inspection and Maintenance Records. A. Records for New Facilities Records of new public or private stormwater facilities shall include the following: 1. As-built plans and locations. 38 2. Findings of fact for any exemption granted by the City of Federal Way. 3. Operations and maintenance requirements and records of inspections, maintenance actions and frequencies. 4. Engineering reports, if prepared prior to or during construction of the facility. B. Records for Existing Facilities Upon the request of the Director, all owners of existing storm drainage systems shall provide the Director with all inspection, maintenance and repair records for their facilities, as well as any existing record drawings or diagrams of their storm drainage systems. Section 21-33. Reporting. The Director shall report annually to the Federal Way City Council about the status of the inspections. The annual report may include, but need not be limited to, the portions of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, cqmpliance with the'inspection schedule, the resources needed to comply with the schedhle, and comparisons with previous years. Section 21-34. Enforcement. The Director shall enforce this article using FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other. forms of enforcement available to the City including, but not limited to, criminal sanctions or other remedies as specified herein or in FWCC Chapter 1, Articles II - III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. Article IV. Water Quality Division 1. Generally Section 21-35. Purpose The purpose of this article 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, residential and other land use activities in Federal Way. The City Council recognizes that water quality degradation can result directly from one discharge or through the collective impact of many small discharges. Therefore, this chapter requires the implementation of the best known, available, and reasonable management practices to prevent the contamination of stormwater, surface water, and ground water. 39 In addition, the City Council also recognizes the importaE..ce of maintaining economic viability while providing necessary environmental protection. An additional purpose of this chapter it to assist in the achievement of both goals. Division 2. Discharges Into Federal Way Waters and Storm Drainage Systems Section 21-36. Illicit Connections. No person may connect a conveyance system which was not constructed or intended to convey precipitation runoff, or which has been converted from such usage to another use, to a storm drainage system or groundwater infiltration system; except that the following connections or discharges may be made: A. Allowable discharges as defined below B. Discharges authorized by a NPDES or State Waste Discharge Pe~afit approved onsite sewage C. Connections conveying effluent,, from an disposal system to its drainfield. Section 21-37. Prohibited Discharges It is unlawful for any person to discharge contaminants into surface and storm Contaminants include, but are not limited to, Construction materials Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil D. Antifreeze and other automotive products E. Metals in either particulate or dissolved fom~ F. Flammable or explosive materials G. Radioactive material H. Batteries I. Acids, alkalis, or bases J. Paints, stains, resins, lacquers, or varnishes water, ground water, or Puget Sound. the following:: A. Trash or debris B. C. 40 K. Degreasers and/or solvents L. Drain cleaners M. Pesticides, herbicides, or fertilizers N. Steam cleaning wastes O. Soaps, detergents, or ammonia P. Swimming pool or spa filter backwash Q. Chlorine, bromine, or other disinfectants R. Heated water S. Domestic animal wastes T. Sewage U. Recreational vehicle waste V. Animal carcasses W. Food wastes X. Bark and other fibrous materials Y. Collected lawn clippings, leaves, or branches Z. Silt, sediment, or gravel AA. Dyes (except as described below under "Allowable Discharges") BB. Chemicals not normally found in uncontaminated water CC. Any other process associated discharge except as otherwise allowed in this section DD. Any hazardous material or waste not listed abOve, Section 21-38. Allowable Discharges. Subject to provisions of the BMP Manual, the following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the D/rector determines that the type of discharge, whether singly or in combination with others, is causing pollution of surface and storm water or ground water: A. Potable water including water from water line flushing and hydrant maintenance 41 B. Uncontaminated water from crawl space pumps or footing drains C. Lawn watering D. Dechlorinated swimming pool water E. Materials placed as part of an approved habitat restoration or bank stabilization project F. Natural uncontaminated surface water or ground water G. Flows from riparian habitats and wetlands H. COmmon practices for water well disinfection I. Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition J. Discharges resulting from dye testing authorized by the Director K. Discharges which result from emergency response activities or other actions that must be undertaken immedi,,ately or within a time too short to allow full compliance with this chapter so as to avoid an imminent threat to public health or safety (The Director may further define qualifying activities in administrative guidance. The person responsible for said emergency response activities shall take all necessary steps to ensure that the discharges resulting from such activities are minimized and ensure that future incidents are prevented to the greatest extent possible.) L. Other types of discharges as determined by the Director Division 3. Best Management Practices. Section 21-39. Sto,...water Pollution Control Manual. Ao General. The King County Stormwater Pollution Control Manual (BMP Manual), adopted in Sections 21-10 and 21-11 above, apples.to existing facilities and activities and to new development activities not covered by the King County Surface Water Design Manual (KCSWDM) and Federal Way Addendum to the KCSWDM. The BMP manual describes the types of regulated activities, the types of contaminants generated by each activity, the contaminant's affect on water quality, the required source control BMPs, and the available treatment BMPs. The BMP Manual includes information on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP implementation. 42 Priority of BMP Implementation. In applying the BMP manual, the Director shall first require the implementation of s6urce control BMPs unless the BMP manual specifically requires treatment BMPs. If source control BMPs (or treatment BMPs if required by the BMP Manual) do not prevent contaminants from entering surface and storm water or ground water, the Director may require implementation of additional source control BMPs and/or treatment BMPs according to AKART. Co Prevention of pollution of Surface and Ground Waters. BMPs shall be applied as required herein, so that when all appropriate combinations of individual BMPs are utilized, pollution of surface or ground waters is prevented. If all BMPs required herein, or by the Director are applied, and pollution still occurs, the discharger shall modify existing practices or apply further water pollution control measures, as specified by the Director. In the absence of implementation of applicable BMPs, the Director shall be authorized to conclude that individual activities are causing pollution in violation of this article, and shall be authorized to enforce this art/cie accordingly. Do Technical Assistance. The Federal Way Surface Water Management Division will provide, upon ,, reasonable request, available technical assistance materials and information, and information on outside financial assistance options, to persons required to comply with this chapter. Section 21-40. Exemptions. It is intended that all persons shall apply appropriate BMPs, whether as required by this chapter or under the authority of another program. Notwithstanding the requirements of Section 21-39, implementation of BMPs prescribed by this article is not required when: Ao Alternative BMPs are being implemented pursuant to another federal, state, or local program, unless the Director determines the alternative BMPs will not prevent or sufficiently reduce the discharge of contaminants. If the other program permitting alternative BMPS requires the development of a best-management-practices plan, the person shall, upon request and at no cost to the City, provide the Director a copy of the BMP Plan within five days of the request; A general or individual NPDES permit for storm water discharges has been issued by the Washington State Department of Ecology for the property or activity in question, and the NPDES permit includes a water quality pollution control plan; unless the Director determines that the plan is not being implemented or that implementation of the water quality pollution control plan will not prevent or sufficiently reduce the discharge of contaminants. C. A farm management plan approved by the Director is being implemented and maintained according to the plan; · 43 D. A general or individual NPDES permit for commercial dairy operations has been issued by the Washington State Department of Ecology; Eo An approved Forest Practices Application has been approved by the Washington State Department of Natural Resources for forest practices, with the exception of forest practices occun-i.'ng on lands platted after January 1, 1960, or on lands being converted to another use, or regulatory approval has otherwise been issued by the City of Federal Way or other local government under RCW 76.09.240; F. The Director is authorized to and has issued an exemption from BMP requirements under another provision of this chapter. Division 4. Enforcement Section 21-41. Enforcement. A. Violations. Notwithstanding the requirements of Sections 21-36 - 21-39, if a person has properly designed, constructed, implemented, and is maintaining BMPs according to the BMP Manual, is carrying out AKART"as required or approved by the Director, and/or has modified existing practices as specified by the Director, and contaminants continue to enter surface and 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, then that person shall not be in violation of this article. Said person however, remains liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in violation of this article that allow contaminants to enter surface and storm water or ground water. B. Additional Guidance The Director, in consultation with other departments of Federal Way government, may develop and implement additional guidance information which describes the goals, objectives, policies, and procedures for a water quality investigation and enforcement program. These procedures will describe how the City will investigate and respond to reports or instances of noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the enforcement procedures. C. Inspections The Director may observe BMPs or examine and/or sample surface and storm water or ground water as often as may be necessary to .detemfine compliance with this chapter. The Director or his or her designee is further authorized, as set forth in Sections 21-30 and 21-31 above, to enter in or upon any public or private property for the purpose of inspecting and investigating conditions relating to the pollution of or 44 the possible pollution of surface and/or ground waters. Whenever an on-site inspection of a property is made, the findings shall be recorded. A copy of the inspection findings shall be furnished to the owner or the person in charge of the property after the conclusion of the investigation and completion of the inspection £mdings. D. Sampling and Analysis Whenever the Director determines that there that any person has violated or is violating the provisions of this article, the Director may require the person responsible for the violation to sample and analyze any discharge,-surface and storm water, ground water, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the Director. A copy of the analysis shall be provided to the Federal Way Surface Water Management Division. E. Enforcement. If the Director determines that a violation has been committed, the Director shall enforce this article using FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions or other remedies as specified herein or in FWCC Chapter 1, Articles II - III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. F. Summary Abatement In addition to the remedies specified by Chapter 1, Article III, Civil Enforcement of Code, whenever any violation of this article causes or creates a condition, the continued existence of which constitutes an immediate and emergent .threat to the public health, safety or welfare or to the environment, the Director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. The costs of such summary abatement shall l~e recoverable via procedures for recovery of abatement costs as set forth in Chapter 1, Article III, Civil Enforcement of Code. Section 4. SeverabiliW. 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. 45 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 and after its passage and publication, as provided by law. of PASSED by the City Council of the City of Federal Way this , 19__ day CITY OF FEDERAL WAY · MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL 46 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN~swmord 47