19.76.060 Stormwater facilities | Anacortes Municipal Code

19.76.060 Stormwater facilities.

1. A stormwater facility necessary for compliance with this chapter must be located abutting a right of way. When the site is constrained by topography, soils, hydrology, or other factors, the director may approve an alternative location that facilitates access by the city for inspection and maintenance.

2. A stormwater facility may be located within a right of way at the discretion of the director.

B. Dedication. For a stormwater facility necessary for compliance with this chapter, the director may require any combination of the following as a condition of development:

1. That the applicant dedicate an easement to the city for access and inspection of the stormwater facility. The director may waive this requirement for small facilities that do not require inspection or can be effectively inspected without an access easement.

2. That the stormwater facility be dedicated to the city, which the city may accept if:

a. The facility as designed and constructed conforms to the provisions of this chapter;

b. All easements and tracts required under this chapter necessary for the city to operate and maintain the facility have been conveyed to the city and have been recorded with the county auditor;

c. A maintenance plan has been accepted per subsection D of this section.

C. Modification of Facilities During Construction. The city may require that the construction of drainage facilities and associated project designs be modified or redesigned if conditions occur or are discovered which were not considered or known at the time the permit or approval was issued, such as uncovering unexpected soil or water conditions, weather-generated problems, or undue materials shortages. Any such modifications made during the construction of drainage facilities must be recorded on the final approved drainage plan, a revised copy of which must be provided to the city.

D. Maintenance plan required.

1. Prior to the use of a stormwater facility required by this chapter, the owner must:

a. Ensure a complete initial evaluation of engineered stormwater facility system components and property by a qualified professional to determine functionality, maintenance needs, and compliance with this chapter and any permits. The property owner must submit the signed and stamped engineer’s evaluation to the director for approval;

b. Provide a complete and accurate set of reproducible as-built record drawings stamped and certified as accurate by a qualified professional;

c. Obtain approval from the director for a maintenance plan;

d. Record the approved maintenance plan with the county auditor against the title of all properties using the stormwater facility.

2. The maintenance plan must:

a. Address how all of the elements of the stormwater facility will be maintained;

b. Include the schedule for ongoing maintenance;

c. Identify the responsible party for ongoing maintenance;

d. Be consistent with Stormwater Management Manual, especially Volume V, Chapter 4.

3. The maintenance plan remains in force for the life of the development or until the city approves a new or amended maintenance plan for the development’s stormwater facilities.

E. Plat Notes. For land divisions, the director will require a plat note indicating that the property owner(s) must maintain the stormwater facility consistent with the recorded maintenance plan and that if the stormwater facility is not so maintained the city may perform the maintenance and charge the costs of such maintenance to the property owners.

1. In the event that public benefits would accrue due to modification of the stormwater plan for the subject property to better implement the recommendations of the city’s surface water quality management plan, the director may recommend that the city should assume some responsibility for the further design, construction, operation and maintenance of drainage facilities receiving runoff from the subject property. Such decision shall be made concurrently with review and approval of the stormwater plan as specified in this chapter.

2. In the event the city decides to assume some responsibility for design, construction, operation and maintenance of the facilities, the developer will be required to contribute a pro rata share to the construction cost of the facilities. The applicant may be required to supply additional information at the request of the official to aid in the determination by the city. Guidelines for implementing this section will be defined by the official. (Ord. 2991 § 1 (Att. A), 2016)