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HomeMy WebLinkAbout4234ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Section 2 of Ordinance No. 3602 that had adopted Kent's 2002 Surface Water Design Manual, and adopting Kent's new 2017 Surface Water Design Manual. RECITALS A. The city of Kent's existing Surface Water Design Manual ("KSWDM") was last updated approximately 14 years ago, in May of 2002, through the adoption of Ordinance No. 3602. B. The public health, safety, and welfare of the residents of Kent require the proper design, construction, and maintenance of surface water and stormwater control systems. The KSWDM presents the City's strategy to reduce public hazards due to floods, erosion, and landslides; enhance public health, safety, and welfare; better protects the City's environmental resources, specifically our native salmon; improves regulatory review by introducing more certainty in the requirements; assists developers by providing more detailed information about how to analyze and design acceptable stormwater control systems; provides the City with the latest technology available for designing and constructing stormwater controls; and meets state and federal regulatory requirements for local municipalities under the Endangered Species Act and Clean Water Acts. 1 Surface Wafer Design Manual Repeal 2002 Ed. & Adopt 2017 Ed. C. Due to the requirements of federal and state law, and updates King County made recently to its Surface Water Design Manual, it is appropriate for Kent to update its KSWDM. During preparation of the current KSWDM, City staff met with the development community and the manual was subject to review under the State Environmental Policy Act ("SEPA") The City's SEPA responsible official has determined that the proposed amendments to the KSWDM are procedural in nature and further SEPA analysis is not required for the adoption of the KSWDM. D. A draft version of this ordinance and the KSWDM was submitted to the Washington State Department of Commerce for expedited review on November 4, 2016, which was granted on November 29, 2016. The ordinance and the KSWDM were discussed as informational items before the Economic and Community Development Committee and the Public Works Committee on November 14, 2016, and November 21, 2016, respectively. They were considered by the City's Land Use and Planning Board after a duly noticed public hearing on November 28, 2016. They were also considered by the Public Works Committee on December 5, 2016, and January 9, 2017, which recommended Council adoption. Council has considered this ordinance, the 2017 edition of the KSWDM, together with all public comment, and has determined that adoption is appropriate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION Y. - Repealer - 2002 edition of Kent Surface Water Design Manual. Section 2 of Ordinance No. 3602, which adopted the May 2002 edition of the Kent Surface Water Design Manual is hereby repealed in its entirety. 2 Surface Water Design Manual Repeal 2002 Ed. & Adopt 2017 Ed. SECTION 2. - Adoption - 2017 edition of Kent Surface Water Design Manual. Kent's 2017 Surface Water Design Manual, attached and incorporated as Exhibit A, is hereby adopted for application and enforcement within the city of Kent. To the extent not inconsistent with any express provision of the Surface Water Design Manual, the Directors of the City's Public Works Department and the Economic and Community Development Department may amend, revise, supplement, and incorporate minor changes to the Surface Water Design Manual as they become necessary. Major, substantive changes shall include an opportunity for public review and comment. SECTION 3, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Savings. The 2002 edition of the Surface Water Design Manual, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. - Effective Date. This ordinance shall take effect and be in force sixty (60) days from and after its passage, as provided by law. �r COOKS, MAYOR 3 Surface Water Design Manual Repeal 2002 Ed, & Adopt 2017 Ed. FWASM4� KIMBERLEY R. KOMOTO, CITY CLERK APPRQ-VEE AS TO FORM: -'i`0 �UBAKER, CITY ATTORNEY PASSED: i day of January, 2017. APPROVED; day of January, 2017. PUBLISHED. day of January, 2017. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. O° A (SEAL) KIMBERLE A. 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