The City of Bellevue has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Bellevue is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Bellevue will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Bellevue, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Bellevue has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
CHAPTER 24.06 STORM AND SURFACE WATER UTILITY CODE
24.06.065 Minimum requirements for new development and redevelopment.
A. Applicability.
1. The minimum requirements (MRs) contained in this section shall apply to new development, redevelopment, and construction activities that result in land disturbing activity or otherwise meet the thresholds defined herein; and
2. In addition to the minimum requirements of this section, property owners shall comply with all applicable provisions contained in the Stormwater Management Manual for Western Washington (2005), engineering standards, Chapter 23.76 BCC (Clearing and Grading Code), BCC Title 20, and any other applicable codes or standards.
24.06.070 Additional requirements for new development and redevelopment.
The following additional requirements supplement the minimum requirements contained in BCC 24.06.060 and 24.06.065 and the engineering standards, and apply to all development or redevelopment activity subject to utility approval, regardless of whether such activity is subject to BCC 24.06.065.
A. General.
1. The property owner is responsible for the drainage design and performance of their private drainage facilities;
2. The drainage designer used by the property owner shall be a civil engineer licensed in the state of Washington, provided this requirement does not apply to single-family development or redevelopment that does not require a utility developer extension agreement per BCC 24.06.060(C);
3. Subject to approval by the utility, the property owner may contribute an equitable cost share, as determined by the director, to runoff-control or runoff-treatment facilities that serve multiple sites in lieu of providing such facility(s) on site; and
4. The utility may impose, on any development or redevelopment, requirements that differ from the requirements of this section based on adopted basin plans or other studies adopted by the city council; provided, that such alternative requirements provide an equal or greater level of protection than the requirements of this section.
B. Site Drainage.
1. All development and redevelopment shall provide for the control of stormwater runoff so as to minimize impact to downstream properties;
2. The property owner shall maintain natural drainage patterns and discharge drainage in a manner and location that existed prior to undertaking land/runoff altering activities, to the maximum extent practicable, unless the utility determines alterations would be beneficial and would not cause adverse impacts. The utility may require the property owner to complete an off-site capacity analysis per subsection D of this section;
3. Drainage that originates within a building or structure shall be discharged to the sanitary sewer;
4. For conveyance to a public or private surface water system, the property owner shall:
5. Drainage pipe setbacks shall originate from other utilities, structures, and buildings, and structures and buildings shall be set back from existing pipes, as required by the engineering standards; and
6. Regardless of whether the development or redevelopment requires city approval or review, the city is not liable for any impact, should it occur to downstream properties from runoff or for any impact to adjacent or downstream properties from natural drainage patterns and discharge.
24.06.105 Maintenance of drainage facilities.
A. Maintenance Responsibility.
B. Maintenance Standards. Drainage facilities shall be maintained so that they operate as intended.
Maintenance shall be in accordance with the utility’s maintenance standards and in accordance with the project operation and maintenance manual, if one was prepared. (Ord. 5905 § 1, 2009.)
24.06.130 Code violations, enforcement, and penalties.
The enforcement procedures and penalties associated with violations of this code are set forth in BCC 1.18.075. (Ord. 5905 § 1, 2009.)
24.06.135 Right of entry for inspection.
A. An authorized representative of the utility may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by the code, provided the utility shall first notify the proper owner or person responsible for the premises. If entry is refused, the director shall have recourse to every remedy provided by law to secure entry.
B. For inspection programs authorized by BCC 24.06.045, the utility may provide advance mailings of its intent to inspect properties consistent with such inspection programs; provided the utility receives no objection from the property owner, the city may inspect private facilities consistent with the terms provided in the advance mailings. (Ord. 5905 § 1, 2009.)