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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/08/2021 Land Use and Planning Board Monday, November 8, 2021 6:00 PM Chambers Masks are required regardless of vaccination status. To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 884 1732 9246 Chair Ali Shasti Vice Chair Shane Amodei Katherine Jones Joseph O'Toole Dione Dittmar Sally McDonough Michael Purwal ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 02 MIN. 3. Approval of the Minutes YES Chair 01 MIN. YES 1. Approval of September 27, Chair 05 MIN. 2021 Minutes 4. Changes to the Agenda Chair 01 MIN. 5. Action Items YES Chair 01 MIN. YES 1. Board Elections Hayley Bonsteel, AICP, 10 MIN. Long Range Planning Manager YES 2. Storm and Surface Water Laura Haren, 20 MIN. Utility Ordinance - General Environmental Update of KCC 7.05 and Conservation Analyst 7.07 6. Adjournment Chair 01 MIN. Unless otherwise noted, the Land Use and Planning Board meets at 6 p.m. on the second and fourth Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Tanya Kosen at 253-856-5461, or email Tkosen@kentwa.gov. 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4/2 Pending Approval Land Use and Planning Board Land Use Regular Meeting Minutes September 27, 2021 Date: September 27, 2021 Time: 6:00 p.m. Place: Chambers Attending: Ali Shasti, Chair Shane Amodei, Vice Chair Katherine Jones, Joseph O'Toole, Dione Dittmar, Sally McDonough, Michael Purwal Agenda: 1. Call to Order 6:00 p.m. Attendee Name Title Status Arrived Ali Shasti Chair Present Shane Amodei Vice Chair Present Katherine Jones Present Joseph O'Toole Present Dione Dittmar Present Sally McDonough Present Michael Purwal Present 3. Approval of Minutes dated July 26, 2021 MOTION: Move to approve the Minutes dated July 26, 2021 RESULT: APPROVED \[UNANIMOUS\] AYES: Shasti, Amodei, Jones, O'Toole, Dittmar, McDonough, Purwal 4. Changes to the Agenda No changes or additions. Njovuft!Bddfqubodf;!Njovuft!pg!Tfq!38-!3132!7;11!QN!!)Bqqspwbm!pg!uif!Njovuft* 5. King County Candidate Countywide Center Application City of Kent staff applied on August 30, 2021, to designate a 250-acre portion of the East Hill as a Candidate Countywide Growth Center under King Co would help transportation projects within this area be as competitive as possible for funding; however, if chosen, additional planning efforts are needed to be eligible for official application in 2024. Countywide Centers are emerging as an opportunity to designate areas of growth that are a lower level of regional significance but still deserving of Page 1 of 2 Qbdlfu!Qh/!3 4/2 Land Use and Planning Board Land Use Regular September 27, 2021 Meeting Kent, Washington Minutes investment; transportation funders are interested in identifying candidates for designation for funding competitions in 2022, in advance of the official designation. Growth centers serve an essential role in equitably concentrating jobs, housing, shopping, and recreational opportunities, and staff is working hard to ensure Kent attracts needed investments to ensure the growth is supported and sustainable. The purpose of this agenda item is to walk through the center application, show the location, and expand upon future planning opportunities for Kent East Hill. 6. Upcoming Grant Opportunities from Department of Commerce Two grant opportunities were recently announced that could fund various long range planning efforts for the City of Kent. Both grants require applications to be submitted by October 7, 2021; staff are collecting feedback on options for both grants. Housing Action Plan Implementation (HAPI) grants of up to $100,000 are available for cities that have adopted Housing Action Plans - like the recently adopted KHOP. Possible implementation projects from KHOP for this grant could include middle housing code amendment support, collaborating with SKHHP on establishment of a monitoring system for naturally occurring and subsidized affordable housing, and/or further work related to mobile home park preservation. Transit-Oriented Development Implementation (TODI) grants, also at up to $100,000, are available for cities to facilitate TOD in areas of high capacity transit including bus rapid transit. Subarea plans, environmental review, and local code amendments are all eligible costs; with several bus rapid transit lines coming to Kent in the near future, there is great opportunity for Kent to update land use in response to these transit investments. Specific options include studying several future RapidRide corridors at a higher level, or focusing on the RapidRide I line and completing a subarea plan and new zoning for station areas along that corridor. Given the recent application for Canyon Ridge Center (along the I-line) to be designated a countywide center candidate, staff are interested in input on these options and how they can support various city planning efforts. Njovuft!Bddfqubodf;!Njovuft!pg!Tfq!38-!3132!7;11!QN!!)Bqqspwbm!pg!uif!Njovuft* 7. Adjournment p.m. Tanya Kosen Committee Secretary Page 2 of 2 Qbdlfu!Qh/!4 6/2 LAND USE AND PLANNING BOARD 220 Fourth Avenue South Kent, WA 98032 DATE: November 8, 2021 TO: Land Use and Planning Board FROM: Economic and Community Development SUBJECT: Board Elections MOTION: I nominate ____ to be chair and ___ to be vice chair. SUMMARY: LUPB elections for chair and vice chair happen yearly in November. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Qbdlfu!Qh/!5 6/3 LAND USE AND PLANNING BOARD 220 Fourth Avenue South Kent, WA 98032 DATE: November 8, 2021 TO: Land Use and Planning Board FROM: Public Works SUBJECT: Storm and Surface Water Utility Ordinance - General Update of KCC 7.05 and 7.07 MOTION: Recommend Council adopt an ordinance repealing and readopting Chapter hapter 7.07 SUMMARY: The City of Kent owns and operates a storm drainage system that collects, stores, provides water quality treatment, and conveys stormwater from public and private properties for discharge to waters of the state. The current Kent storm and surface water utility code sections (KCC 7.05 and 7.07) need an update for consistency with state law and technological advances as well as to provide for a well-defined and consistent enforcement mechanism. Staff seeks recommendation from the Land Use and Planning Board that Council adopt an ordinance that repeals the current Kent City Codes, Chapter 7.05, Storm and Surface Water Utility, and Chapter 7.07, Surface Water and Drainage, and re-adopts an updated Chapter 7.05 Storm and Surface Water Utility. BACKGROUND: utility. The city finds that clear and specific stormwater management standards, regulations, and policies must be maintained to protect the operation and condition of the stormwater system and prevent degradation of natural waters to the maximum extent practicable. The code establishes authority to operate and maintain the stormwater utility, defines standards for connecting and discharging to the city system, establishes the stormwater utility rate structure, defines processes for implementation of the code, and contains mechanisms for enforcement. As a requirement of the 2019-2024 municipal National Pollutant Discharge Elimination System permit mandated by the WA State Dept of Ecology, the city of Kent must implement a source control program to prevent and reduce pollutant runoff to the public drainage system. The program must include inspections of Qbdlfu!Qh/!6 6/3 publicly and privately owned sites that have the potential to discharge pollutants. When current methods of pollution prevention are ineffective, the city must require the utilization of additional Best Management Practices, including structural controls. The updates to the proposed revised code support the new requirements. The proposed ordinance also updates the enforcement provisions to be consistent with other Kent City Code Chapters. The proposed ordinance eliminates Kent City Code Chapter 7.07. Chapter 7.07 describes Kent stormwater standards for development and redevelopment in Kent. is no longer necessary. This ordinance proposes many other minor edits to clarify stormwater system maintenance and inspection responsibilities and to be consistent with state and federal stormwater regulations. This ordinance has been reviewed under the State Environmental Policy Act (SEPA) and by the Washington State Department of Commerce as a development regulation. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. LUPB Code Update KCC 7.05 (PDF) 2. Kent City Code 7.05 Storm Surface Water Utility Update (PDF) Qbdlfu!Qh/!7 Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!8 r s ate te orm s 7.05 and 7.07 ace W oposed St Code Upda nt City Code Chapter Pr Ke and Surf d , 2021 th Land Use and Planning BoarNovember 8 Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!9 nt Ke ode? r c ate ting the ace w e upda ovisions e w t actices per esponsibilities cement pr y ar ements rm and surf or definitionsenf quir e use of Bes Wh re sto tete quirpeal 7.07 ate UpdaClarify owner rReManagement PrStUpdaRe ••••• Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!: ater ace W ater Utility orm and ent City StSurf ainage Code –– ace W peal K 7.05Surf7.07and Dr •• ReCode Section 7.07 Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!21 t en or clarity e and d f te rminology UpdaUse of currlanguagte s d n n o i a t i s n i m f r e e TD Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!22 am s te S quired by permit to adopt ordinance actices NPDEManda Source Control Inspection ProgrUse of source control best management prReby August 1, 2022 ••• Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!23 e c n a n e t n i a M d n a n o i t a r e s pe i t O i l , i n b i o s i t n c o e p p s s e n IR Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!24 t ed s err ocess cemen CC 1.04 or e nces K re orcement pr fe ucation is pref ogressiv PrenfReConsistent with other city code chapterEd Code Enf•••• Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!25 t al ommen tt of t Leg ce en A public c view City of KDepartmenSEPreDepartmenCommer s s w e e i c v o e r RP Buubdinfou;!MVQC!Dpef!Vqebuf!LDD!8/16!!)3:1:!;!Tupsn!Xbufs* 6/3/b Qbdlfu!Qh/!26 - e ent City CC 7.05) epeal the sion. CC 7.07) and r ted ver tion: dinance to r e Code (K ater Utility Code (K d to recommend to K ainag ace W Surf commenda ombined and upda ater and Dr Re ace W adopt a c spectfully ask the Boar re Council the adoption of an or isting Storm and ex and Surf We 6/3/c ORDINANCE NO. AN ORDINANCEof the City Council of the City of Kent, Washington, repealing and readopting Chapter 7.05 of the Kent City Code, entitled “Storm and Surface Water Utility,” combining and consolidating sections fromChapter 7.07, entitled “Surface Water and Drainage Code,” and then repealing Chapter 7.07. RECITALS A. The city finds that all real property in the city contributes run-off to the common drainage problem, and that all real property in the city benefits from the storm and surfacewater utility system in the city. B. The city finds that the intensity of development on all parcels of real property, as measured by the square footage of impervious surface area, is an appropriate basis for determination of an individual parcel’s contribution to the problem of storm and surfacewater run-off. C. The city finds that each owner of a parcel of real property within the city should pay theirshare of the cost of constructing, operating, maintaining, repairing, improving and replacing drainage facilities in Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* proportion to the amount of run-off contributed to the drainage system beyond that which would occur if the parcel were in its natural state. 1Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!27 6/3/c D. The city finds that clear and specific stormwater management standards, regulations, and policies must be maintained to prevent degradation of natural waters to the maximum extent practicable and therefore codification of these stormwater management regulations is necessary. E.The city finds that new state stormwater rules, promulgated through municipal National Pollutant Discharge Elimination Systempermits,as well as changes to city processes and the program requirements over time, necessitate the update of these code sections. F.The city finds that for clarity and ease of use, code sections7.05,and 7.07 should be combined into a single chapter. G.The ordinance was submitted to the Department of Commerce on _____________. H.On ____, 2021, the City’s SEPA Responsible Official issued a Determination of Non-Significance for the proposed code amendment. I.At its regularly-scheduled meeting on ____, the ____ held a public hearing regarding the proposed code amendments. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1.-Repeal. Chapter 7.05 of the Kent City Code, entitled Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* “Storm and Surface Water Utility,” is hereby repealed in its entirety. 2Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!28 6/3/c SECTION 2.–New Chapter.A newChapter 7.05 of the Kent City Code, entitled “Storm and Surface Water Utility,” is hereby enacted as follows: Chapter 7.05 STORM AND SURFACE WATER UTILITY Sec. 7.05.010. Purpose.The purpose of this stormand surface water utility code section is toestablish authority to operate and maintain the stormwater utility,define requirements for connection to the stormwater system,describe requirements and prohibitions for discharging stormwater to the stormwater utility system,describe the required standards for design, construction, and maintenance of private stormwater facilities and infrastructure, anddefine the enforcement mechanisms for ensuring compliance with this Chapter. Sec. 7.05.020. Definitions. As used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless a different meaning is plainly required. A.Clean Water Act (CWA)means the federal Water Pollution Control Act (33 U.S.C. 1251, et seq.), and any subsequent amendments thereto. B.Detentionmeansthe temporary storage of storm and surface water run-off with provisions for the controlled release of the stored water. C.Detention facilitiesmeansfacilities designed to hold runoff while Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* gradually releasing it at a predetermined rate. 3Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!29 6/3/c D.Developermeansthe individuals or corporations applying for the permits or approvals described in KCC7.05.070. E.Directormeans the city of Kent Public Works Directoror designee. F.Emergencymeans a situation that poses an immediate risk to health, life, property, or environment. G.Equivalent service unit (ESU) meansa configuration of development or impervious surfaces estimated to contribute an amount of run-off to the city’s storm and surface water drainage system which is approximately equal to that created by the average single-family residential parcel. This excludes the multiplier effects of continuous areas of impervious surfaces larger than an ESU. One (1) ESU is equal to two thousand five hundred (2,500) square feet of impervious surface area or any portion thereof. H.Flow control facilitymeans a drainage facility designed in accordance with the drainage requirements in this chapter to mitigate the impacts of increased stormwater runoff generated by site development. A flow control facility is designed to hold water for a considerable length of time and then release it by evaporation, plant transpiration,infiltration into the ground and/or to hold runoff for a short period of time and then release it to the conveyance system. I.Impervious multipliermeansa multiplier used in the city storm and surface water utility rate formula which reflects the hydraulic impact of increasing percentages of impervious surface area. The effect of such Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* multiplier is to increase the monthly service charge for parcels havinga higher ratio of impervious surface area to total surface area. 4Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!2: 6/3/c J.Impervious surfacemeans that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Commonimpervious surfacesinclude but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parkinglotsor storage areas, and oiled, macadam, crushed rock,or other surfaces which similarly impede the natural infiltration of surface water. K.Maintenancemeans the act or process of cleaning, repairing,or preserving a system, unit, facility, structure or piece of equipment. L.National Pollutant Discharge Elimination System (NPDES)means the permitting programunder the Clean Water Actfor preventing andreducing the discharge of pollutants to surface waters of the state. M.Parcelmeansthe smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account (lot) number by the King County assessor. N.Parcel, agricultural meansany parcel of land upon which crops are produced or livestock is raised, and may include houses, barns, greenhouses, and other structures related to farming activities. Agriculture includes both commercial and noncommercial activities.This does not include parcels zoned primarily for single-family residence. Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* O.Parcel, developedmeansany parcel which has been altered by grading or filling of the ground surface or by construction of any 5Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!31 6/3/c improvement or other impervious surface area which affects the hydraulic properties of the parcel. P.Parcel, single-family residential meansany parcel of land with a single detached building containing only one residential housing unit that is completely separated from any other structure, except its own garage or shed. Q.Parcel, undevelopedmeansany parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area which affects the hydraulic properties of the parcel. R.Pollutantmeans anything that causes or contributes to pollution. Pollutants may include, but are not limited to: oil and gas, paint, metals, biological contamination, solvents, human and animal wastes, dirt and sediment. S.Rainwater harvesting systemmeansa system that is properly sized to utilize the available roof surface on any new or remodeled commercial building, which complies with the guidelines established by the Washington State Building Code Council for a harvesting system that collects and stores rainwater for the purpose of supplying water to plumbing fixtures, industrial applications, or used for irrigation purposes. T.Retentionmeans the storage of storm and surface water runoff with no provisions for release of the stored water other than by evaporation, plant Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* transpiration and/or infiltration. 6Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!32 6/3/c U.Stormwatermeans any surface flow, runoff, and drainage consisting of water from any form of natural precipitation, and resulting from such precipitation. V.Stormwater systemmeans facilities through which stormwater is collected, conveyed, or treated, including but not limited to inlets, conveyance pipes, pumping facilities, retention and detention basins, water qualityfacilities, drainage channels, infiltration facilities, and other drainage structures. W.Surface Water Design Manualmeans the manual of technical and administrative procedures established by the public works department which delineates methods to be used, the level of detail of analysis required, and other details for implementation of the provisions of this surface water and drainage code. X.Waters of the statemeans those waters as defined as “waters of the United States” in 40 CFR 122.2, within the geographic boundaries of the state of Washington, and those “waters of the state” as defined in Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. Y.Water quality standardsmeans surface water quality standards – Chapter 173-201A of the Washington Administrative Code (WAC), groundwaterquality standards –Chapter 173-200 WAC, and sediment management standards –Chapter 173-204 WAC. Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* 7Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!33 6/3/c Sec. 7.05.030. Storm and surface water utility created. A.There is hereby created and established the storm and surface water utility of the city of Kent under which the provisions of this chapter shall be carried out. B. The director is authorized to administer, implement, and enforce the provisions of this chapter.The director may establish inspection programs to ensure compliance with the requirements of this chapter and the Western Washington Phase II Municipal Stormwater Permit. Sec. 7.05.040. Storm and surface water system. There is hereby specified and adopted thestorm and surface water systemshown on the city’s geographic information system geodatabase (electronic maps). A.Facility Ownership. The utility owns all elements of the public storm and surface water system, including those systems located in public rights- of-way and in easements or tracts dedicated to and accepted by the utility to the extent that public ownership is indicated as a matter of record or by law.Maintenance responsibility may be delegated in a separate agreement. B.Accepting Ownership of Private Facilities. The utility may accept ownership (or other property rights) and maintenance responsibility for privately built drainage facilities when all of the following conditions are met: 1.Ownership of the private drainage facility by the utility would Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* provide a public benefit; 8Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!34 6/3/c 2.Necessary and appropriate property rights are offered by the property owner at no cost; 3.The private drainage facility substantially meets current code and engineering standards, as determined by the utility, or is brought up to current code and engineering standards by the property owner; 4.The site has access for facility maintenance in accordance with criteria provided in the code and the engineering standards; 5.The utility has adequate resources to maintain the facility; 6.In the case of runoff control or water quality facilities, the private drainage facility serves a residential subdivision or short plat (rather than a commercial property or an individual single-family residence or duplex); and 7.The private drainage facility is transferredto the utility by bill of sale at no cost to the city. Sec. 7.05.050. Drainage master plan adopted. The plan entitled City of Kent Drainage Master Plan prepared by the city, dated 2008, and filed with the city clerk, a copy of which is maintained at the public works department, is hereby specified and adopted by the city as the system or plan for such surface drainage utility. The drainage master plan sets forth recommendations for: Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* 1.Improvements in the city’s system of storm and surface water facilities; 9Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!35 6/3/c 2.Construction of needed new storm and surface water facilities; and 3. Operation and maintenance of storm and surface water facilities within the utility’s service area. Sec. 7.05.060. Compliance with city standards. All storm and surface water systems, whether public or private, or whether upon private or public property, shall be designed, installed, and maintained in strict accordance with the Kent Surface Water Design Manual and the Kent Design and Construction Standards and any other applicable city codes, standards, and ordinances. All construction and maintenance of those systems shall be subject to the inspection by the director. Sec. 7.05.070. Permitsrequired. A permit is required for all work toconstruct, install, modify,place, or attempt to construct, install,modify, or place any storm or surface water drainage structure or facility within the cityand must be obtained before any work begins. This section shall not be construed to duplicate any other existing city requirements. Sec. 7.05.080. Inspection of private drainagefacilities. A.The director is authorized to establish inspection programsto ensure compliance with the requirements of this chapter and to accomplish its purposes. Inspection programs may be established on any reasonable basis, including butnot limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* sources of sediment or other pollutant or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of pollutant or pollutants; and joint inspections with other 10Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!36 6/3/c agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; screening for or tracking illicit discharges or illicit connections; and evaluating the condition of drainage control and water quality facilities and other Best Management Practices, including those located on private property. B.If upon inspection, it is determined that the facility contains pollutant sources that are not mitigated adequately according to the KentSurface Water Design Manual and Kent city code, notice may be given that pollutant source control Best Management Practices must be constructed or implemented for pollutant generating sources.Failure to implement Best Management Practices shall be a violation of this chapter. Sec. 7.05.090. Re-Inspection. A.If a violation of this chapter or other applicable federal, state, or local code provision is discovered in an inspection, a re-inspection must be requestedafter the violation has been corrected. Safe access to re-inspect the corrective work must be provided. B.The director may impose a re-inspection fee on any account for storm drainage facilitiesfound not to be within compliance of this chapter. This inspection fee shall be independent of any current or future penalties enforced through this chapter. Re-inspection fees shall be applied if re- inspection occurs beyond thenormal routine of inspection and verification Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* of maintenance or correction of the function of the stormwater system or facilities or nonstormwaterdischarges to the stormwater drainage system, surface water bodies, orgroundwater. 11Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!37 6/3/c Sec. 7.05.100. Entry onto Premises. With the consent of the owner of any premises, through permissions granted or pursuant to a lawfully issued warrant, public works department staff may enter any premises at any reasonable time to perform the duties imposed by this chapter. No consent, warrant, or permission is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists. Sec. 7.05.110. Declaration of Emergency. If an emergency existsthat could cause harm or damage to humans, property, or the environment,the directormay authorize representatives of the utility or enforcement officers to take necessary abatement action, to conduct inspections, take remedial action, or to carry out other duties imposed or required by this code subject to the provisions of this chapter. Sec. 7.05.120. System of charges. A.The following charges are hereby established for all parcels of real property in the city: 1.Single-family residential parcels. The single-family residential rate shall be as follows: Charged in Dollars Per Month, Per Single- Family Residential Dwelling Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* Effective January 1, Effective January 1, Effective January 1, 201920202021 $12.81$13.03$13.16 12Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!38 6/3/c 2. Agricultural and undeveloped parcels. Agricultural parcels shall be charged the monthly single-family residential parcel rate. 3. Undeveloped parcels.Undeveloped parcels shall not be charged. 4.Other parcels. a. The charge for all other parcels except single-family residential parcels, agricultural parcels, and undeveloped parcels shall be based upon: i. The total amount of impervious surface as expressed in equivalent service units (an equivalent service unit (ESU) has been determined to be two thousand five hundred (2,500) square feet of impervious surface or any fraction thereof); and ii. The percentage of impervious surface area on each parcel. b. The charge for all such parcels shall be computed: i. By multiplying the total number of ESUs on each parcel by the parcel’s impervious multiplier established in subsection (B)(3)(c) of this section; and Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* ii. Multiplying the results by the single-family residential rate. 13Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!39 6/3/c c. Impervious multipliers are hereby established: i. Percentage of impervious area per parcel (impervious surface/total Impervious surface x 100)multiplier 1 to 401 41 to 601.2 61 to 801.4 81to 1001.6 ii. Impervious multipliers correlate the hydraulic impact of a parcel to its percentage of impervious surface per parcel. The multiplier for the average single-family residence is established as one (1). The multiplier linearly increases as the percentage of impervious area increases. The final category has a multiplier of one and six-tenths (1.6) which reflects the hydraulic impact on the drainage system compared to the impact of an average single-family residence. 5.Road systems. The impervious surface area for city roads shall be assessed thirty (30) percent of the charge established in subsection (B)(3) of this section for impervious service areas. 6. Undeveloped parcels shall be subject to all charges established under this section upon development. Development shall be determined by the date of issuance of a building permit, civil construction permit,or any other permit for development purposes or as otherwise established by the Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* director. 14Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!3: 6/3/c B.Beginning January 1, 2018, and on the first day of each calendar year thereafter, the total storm and surface water system of charges set forth in this section will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bellevue, measured from June 1st through June 1st of the previous calendar year, if the CPI-W reflects an upward adjustment from the previous annual June to June period. For the years 2018 through 2022 the adjustment will not exceed 2.4 percent of the total rate, butafter that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4 percent limit. In order to simplify the rate-making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment. Sec. 7.05.130. Measurement of impervious area.The director shall determine the number of square feet of impervious surface in all non single-family residential parcels, excluding agricultural and undeveloped parcels, and the total surface area of each parcel of real property, through the records of the King County assessor and through aerial photographic or geographic information system methods; provided, that the methods used ensure accuracy to one-tenth (0.1) of an equivalent service unit as defined in this chapter. Sec. 7.05.140. Billing and collection. Storm and surface water utility charges for each parcel of real property within the city shall be computed on a monthly basis. The amount billed shall be included on the city utility bill.Drainage accounts within the city water and sewer service area are billed monthly, as are commercial drainage accounts outside the city water and sewer service area.Single family residential drainage Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* accounts outside the citywater and sewer service area are billed on a quarterly basis. All billings, collections, delinquencies, and related 15Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!41 6/3/c administrative matters shall be handled in a manner consistent with Chapter 7.01 KCC. Sec. 7.05.150. Rate reductions –credits. At the direction of the director, the finance directorshall reduce (credit) the normal storm and surface water utility charge for a parcel of real property when the public works department finds: 1. The owner of a parcel, other than a single-family residential parcel, has installed an approved onsite water quality or flow control facilitywhich exceeds the requirements set forth in the City of Kent Surface Water Design Manual at the time ofthe development of such a parcel. No credit shall be given for mitigating measures which are required to meet any ordinance, regulation, other control, or standard established by the city, or the state. Such credits shall be commensurate with the mitigating effects so that the reduction in rates will be in approximate proportion to the reduction in run- offvolumesor pollutants.In no case shall such a credit result in a rate less than the monthly charge for a single-family residential parcel. Such a credit will remain in effect as long as: a. The owner of such a facility has obtained the proper permits and constructed the system according to plans approved by the director; b. The owner remains responsible for all costs of operation and maintenance of the facility consistent with city standards, whether operated and maintained by the owner or by the city; Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* c. The director has access for inspection of the facility to determine if it is in compliance with design and maintenance standards and is functioning properly; and 16Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!42 6/3/c d.The owner maintains the facility in accordance with the operation and maintenance standards in the Kent Surface Water Design Manual. 2.The owner or renter of a new or remodeled commercial building is utilizing a permissive rainwater harvesting system, as defined in KCC 7.05.020. In such cases, and in accordance with RCW 35.67.020 and 35.92.020, the owner or renter shall receive a credit equal to a minimum 10 percent rate reduction. The director will consider rate reductions in excess of 10 percent depending upon the amount of rainwater harvested. 3.The owner or renter of a single-family residential parcel of real property qualifies underKCC 7.01.070 for lifeline utility rates. In such cases, the qualifying customer shall receive a rate reduction of 90 percent. Sec. 7.05.160. Drainage systems development charge. A. The city shall assess and collect a drainage systems development charge against all new development or redevelopment in the amount of $2,638.35per ESU(2021 charge), as defined in KCC 7.05.090(B)(3). This drainage system development charge will increase annually, on the first day of each calendar year, by an amount equal to the percentage increase in the Construction CostIndex for Seattle-Tacoma-Bremerton for the twelve (12) month period October 1st through September 30th of the previous calendar year. Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* B.All drainage system development charges collected by the storm and surface water utility shall be placed in a separate revenue account for the storm and surface water utility. 17Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!43 6/3/c Sec. 7.05.170. Mitigation of system impact –developer contributions.The public works department is hereby authorized to require mitigation of impacts on storm water drainage facilities pursuant to this chapter and chapter11.03 KCCin addition to the standard system development charges in this chapter.Payment of a fair and equitable pro rata portion of specific offsite storm and surface water drainage improvements necessitated by new development may be required. Such mitigation of offsite impacts shall be made in addition to any other requirements of the city for onsite improvements, including system development charges.All developer contributions shall be placed in a separate revenue account for the storm and surface water utility, earmarked for specific projects or improvements, and utilized solely for such purposes. Where a developer is required to completely finance offsite storm or surface water drainage facilities, the developer may apply foralatecomer agreement per chapter 6.05 KCC. Sec. 7.05.180. Storm and surface water utility accounting.All monies obtained pursuant to this chapter shall be segregated, credited, and deposited to the credit of storm and surface water utility. The monies deposited shall be expended only for administering, operating, maintaining, or improving storm and surface water drainage facilities, including all or any part of the cost of planning, designing, financing, acquiring, constructing, maintaining, repairing, replacing, improving, or operating present or future storm and surface water drainage facilities owned by the utility. Monies shall not be transferred to any other funds of the city except to pay for expenses directly attributable to storm and surface water drainage. Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* Sec. 7.05.190. Appeals to land use hearing examiner. 18Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!44 6/3/c A. Any owner who disputes the amount of a charge pursuant to this chapter or who disputes any determination made by or on behalf of the city pursuant to and by authority of this chapter may petition the hearing examiner in writing for a hearing on a revision or modification of such charge or determination, no later than twenty (20) days after having been billed for such charge or after having been notified of such determination. The petition shall be filed with the city clerk.At the time of filing of the appeal, the feepayer shall pay the fee set by council resolution for city of Kent planning and land use fees, “appeal of administrative interpretation/decision”.The petition shall identify the property, describe all improvements or proposed improvements, and allege specific errors in a charge or the basis for the challenge of a determination. For purposes of this subsection, notice of determination shall be effective upon the date of mailing, postage prepaid to the address of the person seeking the determination. Notice of charges shall be the account billing date; provided, that a reduction or increase in charges shall only be allowed from that billing date forward, for which an appeal is filed. Pending hearing and final decision, the owner shall pay current charges. Failure to pay current charges shall result in dismissal of the appeal by the hearing examiner. Sec. 7.05.200. Violations and enforcements -penalties.Any violation of any provision of this chapter may be enforced as provided for in this section. Each separate date, or portion thereof, during which any violation occurs shall constitute a separate violation. A.Recovery of costs incurred by the city.In addition to any penalty provided for in subsections (B) through (D) of this section, a person who violates any of the provisions of this chapter shall be liable for all costs Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* incurred by the city as a result of the violation. The city will issue an invoice to the person responsible for the violation advising him or her of the amount of costs incurred by the city as a result of the violation. The person to whom 19Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!45 6/3/c the invoice was directed must respond within 14 calendar days of the date the invoice is served upon that person by: (1) paying the invoice, (2) requesting a hearing before the city’s hearing examiner to mitigate the amount of the invoice, or (3) requesting a hearing before the city’s hearing examiner to contest the amount of the invoice. Failure to timely respond shall result in the invoicebeing deemed valid and the city may seek collection of the invoice through the process provided for in chapter 3.10 KCC, including the use of a collection agency. Payment of any invoice issued shall not alleviate the person responsible for the violation from complying with this chapter. 1.Service of notice.Service of an invoice issued under this subsection (A) shall occur and is deemed complete in the same manner and under the same provisions as provided for in KCC 1.04.060. 2.Process to mitigate or contest invoice. The process through which a person may request a hearing to contest or mitigate an invoice issued to him or her as a person responsible for the violation is the same as that provided for notices of violation under KCC 1.04.120through 1.04.190. The hearing examiner’s decision as to any invoice issued under this subsection (A) is final and may not be further appealed. 3.Failure to pay –Civil infraction.The failure to timely pay an invoice issued under this subsection (A), or any mitigated invoice amount set by the hearing examiner, is a separate violation that may be enforced through the issuance of a civil infraction pursuant to subsection (B) of this section. B.Civil infraction.A person who violates any provision of this chapter Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* may be issued a class 1 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court. In 20Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!46 6/3/c addition, a civil code enforcement action may be instituted in accordance with subsection (C) of this section to effectuate any abatement or corrective action required by the person as a result of the violation. C.Civil code enforcement. In addition to, or as an alternative to, any other penalty provided for in this chapter or by law, a civil code enforcement action may be instituted under the provisions provided for in Chapter 1.04 KCC to effectuate any abatement or corrective action required as a result of a violation of this chapter, including the issuance of a stop use or stop work order under KCC 1.04.090through 1.04.110. The process through which the person responsible for the violation may contest a stop use or stop work order is the same as that provided for notices of violation under KCC 1.04.120through 1.04.190. Failure to timely abate the violation or take the required corrective action will result in the issuance of a fine in accordance with KCC 1.04.080and 1.04.200, which fine will be separate and apart from any fine that may have been issued under subsection (B) of this section. D.Criminal offense.Except as may otherwise be provided, a person who: 1.Negligently violates a provision of this chapter is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended; or who 2.Knowingly violates a provision of this chapter, or commits a repeated violation of this chapter, is guilty of a gross misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(2), as now enacted or hereafter amended. a.For purposes of this section repeated violationmeans, Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* as evidenced by either a prior committed finding by the Kent municipal court of an infraction issued under this chapter, or a committed finding by the hearing examiner of a notice of violation issued under Chapter 1.04KCC, or 21Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!47 6/3/c a committed finding by operation of law under KCC 1.04.130, that a violation of this chapter has occurred on the same property or that a person responsible for the violation has committed a violation of this chapter elsewhere within the city of Kent. To constitute a “repeat violation,” the violation need not be the same violation as the prior violation. 3.If a person is found guilty of a criminal offense as provided for in this subsection (D), or pleads guilty to another offense on recommendation of the prosecutor, the court shall order the defendant pay restitution to the city of Kent, or any other victim of the offense,for the total suffered loss or damage by reason of the commission of the crime. E.Business License Revocation.In addition to any other penalty imposed, the director may seek revocationof abusiness license held by the person or business related to a violationof this chapterpursuant to chapter 5.01 KCC. 7.05.210 Joint and Several Responsibility. Responsibility for violations of this chapter is joint and several, and the city is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for a violation. SECTION 3.-Repeal.Chapter 7.07 of the Kent City Code, entitled “Surface Water and Drainage Code,” is hereby repealed in its entirety. SECTION 4.–Severability. If any one or more section, subsection, or sentence of this ordinance isheld to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* and the same shall remain in full force and effect. SECTION 5.–Corrections by City Clerk or Code Reviser.Upon approval of the city attorney, the city clerk and the code reviser are 22Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!48 6/3/c authorized to make necessary corrections to this ordinance,including the correction of clerical errors;ordinance, section, or subsection numbering; or referencesto other local, state,or federal laws, codes, rules, or regulations. SECTION 6.–Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage,as provided by law. DANA RALPH,MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR FITZPATRICK, CITY ATTORNEY PASSED:day of ,2021. APPROVED:day of ,2021. PUBLISHED:day of ,2021. 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. Buubdinfou;!Lfou!Djuz!Dpef!8/16!Tupsn!Tvsgbdf!Xbufs!Vujmjuz!Vqebuf!!)3:1:!;!Tupsn!Xbufs* (SEAL) KIMBERLEY A. KOMOTO, CITY CLERK 23Repeal and Replace Chapter 7.05 KCC and Repeal Chapter 7.07, KCC - Re: Storm and Surface Water Qbdlfu!Qh/!49