2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question...

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2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan). (S5.A.2) Saved Document Name: 2017 City of Bellingham SWMP_1_03292017015227 2 S9.D.5 Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or decrease in the Permittee’s geographic area of permit coverage during the reporting period per S9.D.5. Saved Document Name: 2016 Annexation - E Sunset Dr_2_03292017015227 3 S5.A.3 Implemented an ongoing program to gather, track, and maintain information per S5.A.3, including costs or estimated costs of implementing the SWMP. Yes 4 S5.A.5.b Coordinated among departments within the jurisdiction to eliminate barriers to permit compliance. (S5.A.5.b) Yes 5 S5.C.1.a.i and ii Attach description of public education and outreach efforts conducted per S5.C.1.a.i and ii. Saved Document Name: Stormwater Outreach Workplan 2_5_03292017021815 6 S5.C.1.b Created stewardship opportunities (or partnered with others) to encourage resident participation in activities such as those described in S5.C.1.b. Yes 7 S5.C.1.b Used results of measuring the understanding and adoption of targeted behaviors among at least one audience in at least one subject area to direct education and outreach resources and evaluate changes in adoption of targeted behaviors. (Required no later than February 2, 2016, S5.C.1.b) Yes 7b S5.C.1.b Attach description of how this requirement was met. Saved Document Name: Dog Waste Project Summary_7b_03292017015629

Transcript of 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question...

Page 1: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

2017 NPDES Annual Report

Number Permit

Section Question

1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

(S5.A.2)

Saved Document Name: 2017 City of Bellingham SWMP_1_03292017015227 2 S9.D.5 Attach a copy of any annexations, incorporations or boundary changes resulting in

an increase or decrease in the Permittee’s geographic area of permit coverage during the reporting period per S9.D.5.

Saved Document Name: 2016 Annexation - E Sunset Dr_2_03292017015227

3 S5.A.3 Implemented an ongoing program to gather, track, and maintain information per S5.A.3, including costs or estimated costs of implementing the SWMP.

Yes 4 S5.A.5.b Coordinated among departments within the jurisdiction to eliminate barriers to

permit compliance. (S5.A.5.b)

Yes 5 S5.C.1.a.i

and ii Attach description of public education and outreach efforts conducted per S5.C.1.a.i and ii.

Saved Document Name: Stormwater Outreach Workplan 2_5_03292017021815

6 S5.C.1.b Created stewardship opportunities (or partnered with others) to encourage resident participation in activities such as those described in S5.C.1.b.

Yes 7 S5.C.1.b Used results of measuring the understanding and adoption of targeted behaviors

among at least one audience in at least one subject area to direct education and outreach resources and evaluate changes in adoption of targeted behaviors. (Required no later than February 2, 2016, S5.C.1.b)

Yes 7b S5.C.1.b Attach description of how this requirement was met.

Saved Document Name: Dog Waste Project Summary_7b_03292017015629

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2017 NPDES Annual Report

8 S5.C.2.a Describe the opportunities created for the public to participate in the decision making processes involving the development, implementation and updates of the Permittee’s SWMP. (S5.C.2.a)

Input on the SWMP is requested at the end of each annual reporting process. The input received is to be considered in the formulation of the next SWMP. In 2015, the SSWU met with neighborhood associations to explain our stormwater programs and solicit comments from these associations.

9 S5.C.2.b Posted the updated SWMP Plan and latest annual report on your website no later than May 31. (S5.C.2.b)

Yes 9b S5.C.2.b List the website address.

https://www.cob.org/services/planning/environmental/pages/stormwater-program.aspx

10 S5.C.3.a.i - vi

Maintained a map of the MS4 including the requirements listed in S5.C.3.a.i.-vi.

Yes 11 S5.C.3.b.v Implemented a compliance strategy, including informal compliance actions as well as

enforcement provisions of the regulatory mechanism described in S5.C.3.b. (S5.C.3.b.v)

Yes 12 S5.C.3.b.vi Updated, if necessary, the regulatory mechanism to effectively prohibit illicit discharges

into the MS4 per S5.C.3.b.vi. (Required no later than February 2, 2018)

Not Applicable 12b

Cite the Prohibited Discharges code reference

13 S5.C.3.c.i Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i.

Yes 13b S5.C.3.c.i Cite methodology

Outfall monitoring, internal camera investigation, employee training, citizen information, stream monitoring, and source tracking.

14 S5.C.3.c.i Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to screen 40% of MS4 no later than December 31, 2017 (except no later than June 30, 2018 for the City of Aberdeen) and 12% on average each year thereafter. (S5.C.3)

5

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2017 NPDES Annual Report

15 S5.C.3.c.ii List the hotline telephone number for public reporting of spills and other illicit discharges. (S5.C.3.c.ii)

360-778-7979 15b S5.C.3.c.ii Number of hotline calls received.

187 16 S5.C.3.c.iii Implemented an ongoing illicit discharge training program for all municipal field staff

per S5.C.3.c.iii.

Yes 17 S5.C.3.c.iv Informed public employees, businesses, and the general public of hazards associated

with illicit discharges and improper disposal of waste. (S5.C.3.c.iv)

Yes 17b S5.C.3.c.iv Describe the information sharing actions. (S5.C.3.c.iv)

Participate in the DOE Local Source Control Program, providing pollution prevention technical assistance to businesses. The focus of 2016 included hotels, labs, chiropractors, gas stations, nail salons, and veterinarians. Promote and manage the Medicine Return Program for proper disposal of pharmaceuticals. Ongoing pet waste outreach, including a social marketing program to incentivize pet waste pick-up at home, and ongoing dog bag stations throughout the city.

18 S5.C.3.d Implemented an ongoing program to characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.3.d.

Yes 19 S5.C.3.d.iv Number of illicit discharges, including illicit connections, eliminated during the

reporting year. (S5.C.3.d.iv)

34 20 S5.C.3.d.iv Attach a summary of actions taken to characterize, trace and eliminate each illicit

discharge found by or reported to the permittee. For each illicit discharge, include a description of actions according to required timeline per S5.C.3.d.iv

Saved Document Name: 2017 Incident Response Data_20_03292017020231 21 S5.C.3.e Municipal illicit discharge detection staff are trained to conduct illicit discharge

detection and elimination activities as described in S5.C.3.e.

Yes

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22 S5.C.4.a Implemented an ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites per the requirements of S5.C.4.a.

Yes 23 S5.C.4.a.i-

iii Revised ordinance or other enforceable mechanism to effectively address runoff from new development, redevelopment and construction sites per the requirements of S5.C.4.a.i-iii. (Required no later than December 31, 2016, except no later than June 30, 2017 for Permittees in Lewis and Cowlitz counties, and no later than June 30, 2018 for the City of Aberdeen)

Yes 23b S5.C.4.a.i-

iii Cite code reference for revised ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites.

15.42 24 S5.C.4.a.i Number of exceptions granted to the minimum requirements in Appendix 1.

(S5.C.4.a.i., and Section 6 of Appendix 1)

0 25 S5.C.4.a.i Number of variances granted to the minimum requirements in Appendix 1. (S5.C.4.a.i.,

and Section 6 of Appendix 1)

0 26 S5.C.4.b.i Reviewed Stormwater Site Plans for all proposed development activities that meet the

thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i)

Yes 26b S5.C.4.b.i Number of site plans reviewed during the reporting period.

578 27 S5.C.4.b.ii Inspected, prior to clearing and construction, permitted development sites that have a

high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.ii)

Yes 27b S5.C.4.b.ii Number of construction sites inspected per S5.C.4.b.ii.

8369

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28 S5.C.4.b.iii Inspected permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls. (S5.C.4.b.iii)

Yes 28b S5.C.4.b.iii Number of construction sites inspected per S5.C.4.b.iii.

578 29 S5.C.4.b.ii,

iii and Number of enforcement actions taken during the reporting period (based on construction phase inspections at new development and redevelopment projects). (S5.C.4.b.ii, iii and v)

2 30 S5.C.4.b.iv Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon

completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. (S5.C.4.b.iv)

Yes 31 S5.C.4.b.ii-

iv Achieved at least 80% of scheduled construction-related inspections. (S5.C.4.b.ii-iv)

Yes 32 S5.C.4.b.iv Verified a maintenance plan is completed and responsibility for maintenance is

assigned for projects. (S5.C.4.b.iv)

Yes 33 S5.C.4.c Implemented provisions to verify adequate long-term operation and maintenance

(O&M) of stormwater treatment and flow control BMPs/facilities that are permitted and constructed pursuant to S5.C.4. a and b. (S5.C.4.c)

Yes 34 S5.C.4.c.i

and ii Updated provisions to verify long-term operation and maintenance of stormwater treatment and flow control BMPs/facilities that are permitted pursuant to S5.C.4.a and b. (Required no later than December 31, 2016, except no later than June 30, 2017 for Permittees in Lewis and Cowlitz counties, and no later than June 30 2018 for the City of Aberdeen, S5.C.4.c.i and ii

Yes 35 S5.C.4.c.iii Annually inspected stormwater treatment and flow control BMPs/facilities per

S5.C.4.c.iii.

Yes

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35b S5.C.4.c.iii If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.4.c.iii

Not Applicable 36 S5.C.4.c.iv Inspected new residential stormwater treatment and flow control BMPs/facilities and

catch basins every 6 months per S5.C.4.c.iv to identify maintenance needs and enforce compliance with maintenance standards.

Yes 37 S5.C.4.c.v Achieved at least 80% of scheduled inspections to verify adequate long-term O&M.

(S5.C4.c.v)

Yes 38 S4.C.4.c.vi Verified that maintenance was performed per the schedule in S5.C.4.c.vi when an

inspection identified an exceedance of the maintenance standard.

Yes 38b S5.C.4.c.vi Attach documentation of any maintenance delays. (S5.C.4.c.vi)

Not Applicable 39 S5.C.4.d Provided copies of the Notice of Intent for Construction Activity and Notice of Intent

for Industrial Activity to representatives of proposed new development and redevelopment. (S5.C.4.d)

Yes 40 S5.C.4.e All staff responsible for implementing the program to control stormwater runoff from

new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement are trained to conduct these activities. (S5.C.4.e)

Yes 41 S5.C.4.f.i Reviewed, revised and made effective the low impact development-related enforceable

documents per S5.C.4.f.i. (Required by December 31, 2016, except by June 30, 2017 for Permittees in Lewis and Cowlitz counties, and by June 30, 2018 for the City of Aberdeen)

Yes

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41b S5.C.4.f.ii Attach a summary of the LID review and revision process that includes the requirements listed in S5.C.4.f.ii. (Required with annual report due no later than March 31, 2017, except no later than March 31, 2018 for Permittees in Lewis and Cowlitz counties, and with the Fifth Year annual report for the City of Aberdeen)

Saved Document Name: NPDES_LID_Review_and_Revision__41b_03302017035940

42 S5.C.4.g Participated and cooperated with the watershed-scale stormwater planning process led by a Phase I county. (S5.C.4.g)

Not Applicable 43 S5.C.5.a Updated and implemented maintenance standards as protective, or more protective, of

facility function as those specified in Chapter 4 of Volume V of the Stormwater Management Manual for Western Washington (as amended 2014). (Required no later than December 31, 2016, except no later than June 30, 2017 for Permittees in Lewis and Cowlitz counties, and no later than June 30, 2018 for the City of Aberdeen, S5.C.5.a).

Yes 44 S5.C.5.a Applied a maintenance standard that is not specified in the Stormwater Management

Manual for Western Washington.

No 44b S5.C.5.a Please note what kinds of facilities are covered by this alternative maintenance standard.

(S5.C.5.a) 45 S5.C.5.a.ii Performed timely maintenance per S5.C.5.a.ii.

Yes 46 S5.C.5.b Annually inspected all municipally owned or operated permanent stormwater treatment

and flow control BMPs/facilities. (S5.C.5.b)

Yes 46b S5.C.5.b Number of known municipally owned or operated stormwater treatment and flow

control BMPs/facilities. (S5.C.5.b)

702 46c S5.C.5.b Number of facilities inspected during the reporting period. (S5.C.5.b)

642 46d S5.C.5.b Number of facilities for which maintenance was performed during the reporting period.

(S5.C.5.b)

488

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47 S5.C.5.b If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.5.b.

Not Applicable 48 S5.C.5.c Conducted spot checks and inspections (if necessary) of potentially damaged

stormwater facilities after major storms as per S5.C.5.c.

Yes 49 S5.C.5.d Inspected all municipally owned or operated catch basins and inlets as per S5.C.5.d, or

used an alternative approach. (Required once no later than August 1, 2017 and every two years thereafter, except once no later than June 30, 2018 and every two years thereafter for the City of Aberdeen)

Not Applicable 49b S5.C.5.d Number of known catch basins.

11572 49c S5.C.5.d Number of catch basins inspected during the reporting period.

5370 49d S5.C.5.d Number of catch basins cleaned during the reporting period.

5370 50 S5.C.5.d.i-

ii Attach documentation of alternative catch basin cleaning approach, if used. (S5.C.5.d.i or ii)

Not Applicable 51 S5.C.5.f Implemented practices, policies and procedures to reduce stormwater impacts associated

with runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (S5.C.5.f)

Yes 52 S5.C.5.g Implemented an ongoing training program for Permittee employees whose primary

construction, operations or maintenance job functions may impact stormwater quality. (S5.C.5.g.)

Yes

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53 S5.C.5.h Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. (S5.C.5.h)

Yes 54 S7.A Complied with the Total Maximum Daily Load (TMDL)-specific requirements identified

in Appendix 2. (S7.A)

Not Applicable 55 S7.A For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2

activities to address the applicable TMDL parameter(s). (S7.A)

Not Applicable 56 S8.A Attach a description of any stormwater monitoring or stormwater-related studies as

described in S8.A.

Not Applicable 57 S8.B.1 Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for

status and trends monitoring. (S8.B.1)

Yes 57B S8.B.2 If choosing to conduct individual status and trends monitoring, attach an annual

stormwater monitoring report in accordance with S8.B.2. (Required to submit reports beginning March 31, 2016)

Saved Document Name: 58 S8.C.1 Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for

effectiveness studies. (S8.C.1) (Required to begin no later than August 15, 2014)

Yes 58b S8.C.2 If choosing to conduct discharge monitoring, attach an annual stormwater monitoring

report in accordance with S8.C.2 and Appendix 9. (Required to submit reports beginning March 31, 2016)

Saved Document Name: 59 S8.D.1 Contributed to the RSMP for source identification and diagnostic monitoring information

repository in accordance with S8.D.1. (Required to begin no later than August 15, 2014)

Yes

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60 G3 Notified Ecology in accordance with G3 of any discharge into or from the Permittees MS4 which could constitute a threat to human health, welfare or the environment. (G3)

Yes 61 G3 Number of G3 notifications provided to Ecology.

20 62 G3.A Took appropriate action to correct or minimize the threat to human health, welfare, and/or

the environment per G3.A.

Yes 63 S4.F.1 Notified Ecology within 30 days of becoming aware that a discharge from the Permittee’s

MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. (S4.F.1)

Yes 64 S4.F.3.a If requested, submitted an Adaptive Management Response report in accordance with

S4.F.3.a.

Not Applicable 65 S4.F.3.d Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3

and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. (S4.F.3.d)

Saved Document Name: S4.F summary_65_03312017013101 66 G20 Notified Ecology of the failure to comply with the permit terms and conditions within 30

days of becoming aware of the non-compliance. (G20)

Not Applicable 67 G20 Number of non-compliance notifications (G20) provided in reporting year.

0 67b G20 List the permit conditions described in non-compliance notification(s).

Not Applicable

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2017

City of Bellingham

Public Works Department

Storm and Surface Water Utility

Bellingham, WA

March 31, 2017

City of Bellingham Stormwater Management Program

Attachment A to the NPDES Phase II Permit Annual Report

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City of Bellingham 2017 Stormwater Management Plan

Page i

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FORWARD This document serves as an attachment to the City of Bellingham's annual report submittal to the Department of Ecology to meet the requirements of the Western Washington Phase II Municipal Stormwater Permit (WAR04-5550) under the National Pollutant Discharge Elimination System. This Stormwater Management Plan (SWMP) is prepared to demonstrate the City’s understanding of and commitment to fully meeting the regulatory requirements of this permit. The SWMP is a dynamic document that will be updated on an annual basis and will be integral to our permit compliance. It should be noted that our annual capital programing has been added to the document. This portion of the report is not a requirement of the current NPDES permit. The inclusion of this information is not to create a duty on the City to continue this program as a part of our required NPDES program. The information is to provide the citizens of Bellingham a more comprehensive view of stormwater programs that are funded through our rates and fees.

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TABLE OF CONTENTS

1.0 INTRODUCTION .......................................................................................................................... 1

2.0 STORMWATER MANAGEMENT PROGRAM DEVELOPMENT (S5.A and S5.B) .................................. 1

2.1 Permit Requirements ............................................................................................................................. 1

2.2 Notable Accomplishments ..................................................................................................................... 2

2.3 City Organizational Responsibilities for the Stormwater Management Program ................................. 3

2.4 Plans for Program Activities in 2017...................................................................................................... 3

3.0 PUBLIC EDUCATION AND OUTREACH (S5.C.1) .............................................................................. 5

3.1 Permit Requirements ............................................................................................................................. 5

3.2 Program Overview ................................................................................................................................. 5

3.3 Accomplishments in 2016 ...................................................................................................................... 6

3.4 Plans for Program Activities in 2017...................................................................................................... 9

4.0 PUBLIC INVOLVEMENT AND PARTICIPATION (S5.C.2) ................................................................. 13

4.1 Permit Requirements ........................................................................................................................... 13

4.2 Program Overview ............................................................................................................................... 13

4.3 Accomplishments in 2016 .................................................................................................................... 13

4.4 Plans for Program Activities in 2017.................................................................................................... 13

5.0 ILLICIT DISCHARGE DETECTION AND ELIMINATION (S5.C.3)........................................................ 14

5.1 Permit Requirements ........................................................................................................................... 14

5.2 Program Overview ............................................................................................................................... 14

5.3 Accomplishments for 2016 .................................................................................................................. 17

5.4 Plans for Program Activities in 2017.................................................................................................... 17

6.0 CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT AND CONSTRUCTION SITES (S5.C.4) .................................................................................................................................... 17

6.1 Permit Requirements ........................................................................................................................... 17

6.2 Program Overview ............................................................................................................................... 18

6.3 Accomplishments in 2016 .................................................................................................................... 20

6.4 Plans for Program Activities in 2017.................................................................................................... 20

7.0 POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS (S5.C.5) .................................................................................................................................... 21

7.1 Permit Requirements ........................................................................................................................... 21

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7.2 Program Overview ............................................................................................................................... 21

7.3 Accomplishments in 2016 .................................................................................................................... 23

7.4 Plans for Program Activities in 2017.................................................................................................... 23

8.0 MONITORING (S8.C.1.b and S8.C.2) ......................................................................................... 23

8.1 Program Overview ............................................................................................................................... 23

8.2 Accomplishments in 2016 .................................................................................................................... 24

8.3 Plans for Program Activities in 2017.................................................................................................... 24

9.0 CAPITAL PROJECTS and RETROFITTING (Not Required by NPDES) ............................................... 25

9.1 Program Overview ............................................................................................................................... 25

9.2 Capital Projects .................................................................................................................................... 25

9.3 Retrofit Projects ................................................................................................................................... 25

9.4 Fish Passage Improvements ................................................................................................................ 28

List of Tables

Table 1: City Organizational Responsibilities for the NPDES program ................................................ 4 Table 2: Education and Outreach Activities Undertaken In 2016 ..................................................... 10 Table 3: Public Involvement Opportunities Undertaken in 2016 ..................................................... 13

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City of Bellingham 2017 Stormwater Management Plan

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1.0 INTRODUCTION Stormwater runoff from streets, parking lots, construction sites, industrial properties, and residential areas is now recognized as one of the leading sources of pollution to our streams, lakes, wetlands, and Puget Sound. Of heightened concern for the City of Bellingham is the quality of water in Lake Whatcom, the source of drinking water for over 100,000 city and county residents. To address stormwater pollution, the City of Bellingham (City) established a Storm and Surface Water Utility in 1990 and has since been developing and refining its Stormwater Management Program (SWMP). While the City has been actively managing stormwater for decades, the City was officially designated in 2007 by the Environmental Protection Agency and the Washington State Department of Ecology as one of thousands of municipalities in the United States requiring a stormwater permit: the Western Washington Phase II Municipal Stormwater Permit (Permit) under the National Pollutant Discharge Elimination System (NPDES). The City has expanded its stormwater program to meet the terms and conditions of this permit, including revised requirements of the current 5-year permit extending through 2018.

The Phase II Permit allows municipalities to discharge stormwater from municipal systems into “waters of the state” such as streams, lakes and Puget Sound, as long as there are programs in place to reduce pollutants in stormwater to the “maximum extent practicable”. Stormwater runoff from the City of Bellingham discharges to five urban streams, Lake Whatcom, Lake Padden, Bellingham Bay, and Chuckanut Bay. Improving habitat and water quality in these streams and lakes was identified as one of the top priorities in the City's Legacies and Strategic Commitments to its citizens and is a component of many other City programs such as the Lake Whatcom Management Program, Bellingham Water Quality Improvement Plans, Habitat Restoration Plans and the downtown renovation and waterfront restoration programs. Requirements under the NPDES Phase II Permit provide the City additional opportunities to accomplish cleaning up the City's streams and furthering protection of Lake Whatcom.

2.0 STORMWATER MANAGEMENT PROGRAM DEVELOPMENT (S5.A and S5.B)

2.1 Permit Requirements Sections S5.A and S5.B of the Phase II Permit as reissued by Ecology on August, 2012 require the City to:

• Develop and implement a Stormwater Management Program and submit annual compliance reports

• Manage an ongoing program for gathering, tracking, maintaining and using information to evaluate the SWMP development, implementation and permit compliance and set priorities

• Track the cost of the development and implementation of the SWMP • Track the number of inspections, official enforcement actions and types of public education • Coordinate with other NPDES permittees and partners in the region on stormwater related policies,

programs, and projects • Coordinate internally among City Departments

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2.2 Notable Accomplishments The City of Bellingham has been proactively managing the quality of stormwater for 25 years using a variety of approaches designed to control runoff, treat runoff, reduce pollutant sources, and employ adaptive management. Over the course of the first Phase II permit term (2007-2012), the reissuance year (2012-2013), and the second Phase II permit (2013-2018), the City continued to build a strong stormwater program adding depth to existing programs and increasing staff as needed. Through education and the use of incentive programs, the City has engaged a variety of audiences in stormwater issues; from classroom children and rain garden planting volunteers, to focus groups targeting restoration options and survey respondents documenting behavioral changes. Stormwater control and treatment has been accomplished through implementing Best Management Practices (BMPs) and development standards, designing and building capital projects for new treatment facilities and retrofitting older public facilities. The City has worked with businesses on pollutant source control as well as individual homeowners to reduce runoff and pollution from their properties. All of these strategies work in unison to form a multifaceted program that addresses stormwater quality and meets the six Phase II permit elements: education and outreach, public involvement, illicit discharge detection and elimination, runoff control from new development and redevelopment, good housekeeping in all facets of municipal operations, and water quality monitoring. The City's stormwater code has been revised four times (1990, 1995, 2006, and 2009) and is currently undergoing revision in early 2017 to reflect new information on Lake Whatcom water quality and new NPDES permit requirements.

The City works very closely with other local jurisdictions to coordinate stormwater efforts citywide and in the Lake Whatcom Watershed. One example is the joint purchase of a high-efficiency street sweeper that is being shared by four NPDES Phase II permit holders in Whatcom County.

The Lake Whatcom Management Program is a joint effort of the City of Bellingham, Whatcom County, and Lake Whatcom Water and Sewer District (formerly Water District 10) to protect Lake Whatcom as a source of drinking water. The main focus of efforts is on reducing the pollutant load and the amount of stormwater entering the lake. While there are many constituents typically associated with urban stormwater, including suspended solids, metals, and nutrients, phosphorus has become the foremost pollutant of concern to Lake Whatcom’s health. For the past several years, the City has focused on evaluating the effectiveness of these efforts, documenting increased removal rates for both phosphorus and fecal coliform levels. In addition, the City is active in the land preservation program which aims to reduce water quality impacts by preserving land within the Lake Whatcom Watershed that might otherwise be made available for development.

The City's Storm and Surface Water Utility is constantly evaluating, retrofitting, and improving Bellingham's stormwater system and has completed many projects to date. The City operates six regional detention facilities and continues to be a leader in integrating low impact development (LID) techniques into infrastructure. Several projects were developed or completed during 2016 to upgrade existing infrastructure and install or enhance treatment to remove common pollutants. The North End Regional Pond reached completion in 2016, providing stormwater management for approximately 80 acres in one of Bellingham's commercial centers. The Columbia and Roosevelt Neighborhood Water

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Quality Improvement Projects, both currently in design, will repair and replace stormwater conveyance piping and install bio-infiltration facilities in the two neighborhoods. The James Street Water Quality Project will include a series of bioretention cells to treat 35 acres of urban development around Sunset Drive and the Sunset Square Mall. In the Lake Whatcom Watershed, the Park Place Water Quality Facility will be reconstructed to use new treatment media that will significantly improve phosphorus removal. In addition, phosphorus treatment systems will be installed on East North and East Oregon Streets, treating a combined 40 acres. Lastly, the Water Quality for Padden Estuary Project was completed in 2016, providing pre-treatment, flow control, biofiltration, and infiltration systems for treating runoff from over 90 acres of the Fairhaven and South Hill Neighborhoods.

Further highlights in 2106 include continuation of the We Scoop Bellingham social marketing campaign, promoting proper pet waste disposal at home through audience engagement and incentives. The Local Source Control Program provided pollution prevention technical assistance to 149 businesses and continued the Wash Right campaign to promote proper outdoor washing practices. The Sharing our Watersheds program continued to bring interactive education to 5th grade classes in 15 elementary schools. City Stormwater Inspectors conducted over 8,000 construction site inspections and 149 private facility inspections. In addition, an existing pool downstream of a fishway in Padden Creek was repaired to improve fish passage.

2.3 City Organizational Responsibilities for the Stormwater Management Program The City's Storm and Surface Water Utility (SSWU) Section in the Natural Resources Division of the Public Works Department holds the primary responsibility for developing and implementing the stormwater program and tracking Phase II Permit requirements. Within the Public Works Department, the Engineering and Operations divisions also hold integral roles in implementing the components of the stormwater program. The program is also supported by Planning & Community Development, Fire, Police, and Parks and Recreation (Table 1). Internal coordination between these city divisions occurs regularly as issues arise (e.g. handoff between construction inspectors and the private facility inspector, incident response and follow-up actions to stormwater violations) and more formally through stormwater committee meetings and Operations and Engineering coordination meetings.

2.4 Plans for Program Activities in 2017 The City plans to continue work on stormwater issues at a level commensurate with 2016 efforts, building on establish systems and procedures.

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Table 1: City Organizational Responsibilities for the NPDES program

City Department Description of NPDES Stormwater Responsibilities

Public Works Natural Resources Storm & Surface Water Utility Section

Administers and develops the program and coordinates with other divisions within the City and other NPDES jurisdictions

• Education and Outreach • Public Involvement • Illicit Discharge Detection and Elimination program

including local source control & dry weather monitoring • Stormwater incident response • Private facility inspections • Municipal staff training • Pollution prevention practices • Integrated Pest Management Plan • Annual Reporting

Public Works Engineering Capital projects -stormwater facilities and retrofits Construction stormwater inspections pre-, during and post -construction

Public Works Engineering Development Section Site Plan Review for stormwater permits

Public Works Operations Surface and Stormwater Division

Maintenance of public stormwater facilities Stormwater incident response

Public Works Laboratory

Water quality sample analysis for illicit discharge characterization Urban Streams Monitoring Program

Public Works Advisory Committee Annual review of stormwater program

Planning & Community Development Permit Center provides first contact for new or redevelopment stormwater permits and distributes Notice of Intent

Police Department First responder to stormwater incident if called Code enforcement for stormwater violations

Parks and Recreation Integrated Pest Management Plan

Fire Department First responder to stormwater incident if called

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3.0 PUBLIC EDUCATION AND OUTREACH (S5.C.1)

3.1 Permit Requirements Section S5.C.1 of the Permit requires the City to address the following public education and outreach elements:

• Develop a program that targets specific audiences including general public, businesses, homeowners, landscapers, property managers, engineers, contractors, developers, and City employees including review staff and land use planners

• Develop a program that aims to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts

• Measure improvements in the target audience’s understanding of the problem and what they can do to solve it. Use this information to improve the education program

• Track and maintain records of public education and outreach activities

3.2 Program Overview The City of Bellingham has developed and implemented a comprehensive stormwater education and outreach program with the two goals, to increase awareness of stormwater pollution issues, and to provide tools, assistance, and incentives to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. City staff emphasize the importance of environmental education and technical assistance in daily interactions with the Bellingham community.

Through both broad-based educational efforts aimed at the general public and targeted resources for residents, specific businesses, contractors, stormwater facility owners, or municipal staff, the City has compiled a library of resources ready for scheduled presentations or available on hand as outreach opportunities arise. Pollution prevention factsheets and brochures are routinely distributed to specific audiences and many of the resources are available on the City’s website.

Examples of targeted handouts include "Wash Right" flyers for proper car and pressure washing practices, pet waste flyers, car wash kits offered to fundraising groups, Medicine Return program flyers, and Best Management Practices posters for the food service and auto repair industries. Specific educational efforts that reach the youth in our community include the Sharing Our Watersheds 5th grade school program.

City educators are active in STORM, the Stormwater Outreach for Regional Municipalities group, participating in meetings, roundtable discussions, and giving presentations. The City’s outreach team also works with local partners to coordinate stormwater outreach opportunities for the community, such as workshops on LID techniques, and stormwater facility maintenance. Local stewards and

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restoration groups are also a priority for City educators as they support groups such as Nooksack Salmon Enhancement Association, and RE Sources for Sustainable Communities.

Through the Homeowner Incentive Program (HIP), the City conducts low impact development outreach by providing technical and financial assistance to City residents living in the Lake Whatcom Watershed. Outreach services provided through HIP include site assessments, project design, and permitting assistance. HIP-eligible projects protect water quality by reducing sources of phosphorus, improving stormwater treatment, encouraging infiltration, or a combination of best management practices for phosphorus control. Project examples include native planting areas, phosphorus-limiting rain gardens, infiltration trenches and permeable paving.

Through experiences, lessons learned, and public feedback the City continues to improve the outreach program. In particular, the use of audience surveys, both pre and post contact, have helped measure improvements in the target audience’s understanding of the problem and document behavioral changes.

3.3 Accomplishments in 2016 The City of Bellingham undertook many outreach activities that brought stormwater information to a variety of audiences. Highlights include the Homeowner Incentive Program, the "We Scoop at Home" pet waste project, the "Wash Right" campaign, neighborhood meeting presentations, and the Sharing our Watersheds school program. In addition, the City has partnered with RE Sources, Whatcom County, and WSU Extension to carry out joint public education and outreach activities. Table 2 summarizes City education and outreach activities during 2016 and the following paragraphs highlight a few of the efforts.

Homeowner Incentive Program The program is undergoing a wholesale update as part of the effort to evolve from a small-scale pilot program to a full-scale, watershed-wide, offering. During 2016, the program continued on its previous trajectory while simultaneously engaging the community to provide feedback on the next version of HIP. In 2016, a total of 15 HIP projects were completed, resulting in 31 new phosphorus-limiting BMPs in the residential areas around the Lake.

While the new program is under development, the education and outreach tasks for HIP focused on engaging past, and potential future, participants in various surveys and focus groups designed to improve the program experience. In addition, thought leaders in a number of related fields were engaged through advisory roles to address the most common barriers to program success. Experts in communication, project design, permitting, construction, and technical assistance were assembled for robust and productive discussions. The combination of citizen input and professional consultation has led to a path forward that involves a pilot-level launch of the

Homeowner Incentive Program (HIP) 2016 efforts

resulted in 15 projects to reduce stormwater runoff in

the Lake Whatcom Watershed.

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new and improved program in 2016 and a full roll-out in early 2017. While the first version of HIP was considered a success, future versions are primed to build upon those outcomes to develop a more effective and sustainable long-term offering that reaches and engages a larger number of residents.

Pet Waste Management The City continued the We Scoop City staff promoted messages of proper pet waste disposal on both public and residential properties. Using the results of our post-grant survey from 2015 and the follow up surveys done by RE Sources in the same target area, the City fine-tuned the We Scoop at home program to focus on reducing the barriers to proper disposal and reinforcing the message that the trash is the best place to dispose of dog waste. The program is promoted via posters (at vet clinics, pet stores, groomers, and doggy daycare), and the We Scoop Bellingham Facebook page. Dog owners are also invited to enter their dogs into the Scooping Stars photo contest. Posters, bill inserts, the Facebook page, and the photo contest connect dog owners to the We Scoop pledge ("to scoop at home at least once a week, bag it and put it in the trash"). Pledgers are then sent two We Scoop stickers (image at right) to adhere to either side of their curbside trash toter. We Scoop stickers serve three purposes: (1) to make the dog owner's pledge publicly visible and durable thereby encouraging the dog owner to follow through with their pledge, (2) to serve as a prompt to the dog owner to remind them to scoop the poop as often as they take out their trash, and (3) to make the social norm of scooping visible to people walking or driving by on trash day. Pledgers are also offered their choice of a dog bag dispenser for their leash, and/or a small flashlight for their leash.

Efforts focused at public places included the continuation of supported dog bag stations throughout the city, some maintained by staff, others maintained by dedicated neighborhood volunteers. Displays and activities at local pet events, including the Dog Days of Summer and the Paws & Claws Expo were adapted to fit our "We Scoop at Home" program messages. The main activity at both event booths was

the game, "Toss the Turd," where people scoop fake rubber poops and must choose correctly whether to toss it into a garbage bucket or a compost bucket.

School Programs City educators offer a water education program, "Sharing our Watersheds", centered on watersheds, the Lake Whatcom Watershed, the drinking water and wastewater treatment processes, water conservation and stormwater pollution prevention. The curriculum is designed for 5th grade students and was conducted at 36

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classes in 15 schools, reaching 886 students in 2016. The program involves a tour of wastewater treatment facility (image at left), in-class hands-on activities about watersheds, water distribution, pervious and impervious surfaces, and pollution prevention. Classes watch the video "Lost in Puget Sound" and prepare small group presentations about local stormwater pollutants such as oil and gas, fertilizer, pesticides, pet waste, phosphorus, sediment, litter, and soap. At a follow-up visit, students present their stormwater pollution information to City educators. When finished, they receive a Drain Ranger certificate to remind them of their pledge to keep our waterways clean.

Outdoor Washing Campaign Launched in 2015, the Wash Right public outreach campaign continued to promote proper outdoor washing practices, specifically targeting car washing and pressure washing. Positive messaging and designs were developed and promoted. Rack cards were printed and distributed to local businesses that rent pressure washing equipment. The designs were made available to jurisdictions throughout Puget Sound for their own use. In addition, staff offer a Pressure Wash Kit with equipment to collect wash water for proper disposal. This kit is

made available to lend to residents and small businesses to help them properly dispose of wash water. Source Control staff also provide technical assistance to help pressure washers determine the best way to divert wash water away from the stormwater system.

Neighborhood Meetings City staff presented at two meetings with the Columbia neighborhood to garner interest in rain garden projects that will accompany storm main improvements in this neighborhood.

Business Sector Education Source Control staff conducted 149 site visits to local businesses providing technical assistance on pollution prevention practices. Business owners receive one-on-one education on good housekeeping practices specific to activities they are conducting such as proper storage and disposal of chemicals, cleaning products, paint, cooking grease, and other hazardous materials. In addition, owners are assisted with locating and maintaining their storm drains and informed about the impacts of illicit discharges, how to report them, and how to prevent them. In 2016, the primary target sectors were gas stations,

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chiropractors, hotels, veterinarians, nail salons, and labs. Furthermore, staff worked with retail garden stores on promoting safer pesticide products. The City provided customized educational materials for in-store placement that promote pest prevention, non-chemical treatments, and safer pesticides sold at each store. Stores used these materials to help train staff and inform customers.

3.4 Plans for Program Activities in 2017 The City plans to continue work on stormwater education and outreach at a level commensurate with 2016 efforts building on established systems and procedures.

The Local Source Control Program will continue working with retail garden stores on promoting safer pesticide products. In 2017, the City will be offering in-store trainings to interested stores and their staff. Training topics will include the hazards of toxic pesticides for people, pets, and the environment, effective safer alternatives, and quick reference resources to share with staff and customers.

The We Scoop campaign will continue to be implemented on a broad scale city-wide. Through a partnership with waste hauler, Sanitary Service Company, flyers will be inserted in the bills of all 15,000 waste customers in the Bellingham area advertising both the proper disposal method for dog poop and the We Scoop Pledge. Pledgers will receive We Scoop stickers for their curbside trash toters, and any scooping tools they request (bag dispensers and/or flashlights for leashes). The Scooping Stars photo contest and We Scoop Bellingham Facebook page will continue to be used to promote the proper behavior, pledge, and toter stickers.

Bellingham will partner with regional jurisdictions and nonprofit organizations to hold Don't Drip & Drive vehicle leak workshops with our local technical college. The City will also continue to recruit local auto repair shops to offer free leak checks and discounted leak repairs in connection with fixcarleaks.org.

The City will also contract with RE Sources for Sustainable Communities' Sustainable Schools program to offer some stormwater action projects to elementary, middle, and high school students. Building upon the 5th grade Sharing Our Watersheds program, 5th grade classes will have the option of adopting a dog bag station, marking storm drains, or holding a watershed-friendly car wash. Middle and high school students, either through a class or a club, will have the option of holding a watershed-friendly car wash, a poop scoop cleanup, or a vehicle leak check event, or a project of their own design.

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Table 2: Education and Outreach Activities Undertaken In 2016

Education/ Outreach Activity Description Targeted Audiences

Sharing Our Watersheds school program

• Brought to 36 classes in 15 schools, reaching 886 students and 161 adults • Curriculum includes concepts of watersheds, stormwater, pollution

prevention, water and wastewater treatment, and water conservation. • Take-home activity involves interviewing an adult about stormwater and

providing basic stormwater knowledge to that adult

Elementary school students (mostly 5th grade, some 3rd), parents

We Scoop pet waste campaign

• Pledge: 27 dog owners pledged to scoop the poop at home at least weekly, bag it and put it in the trash

• Pledge/Prompt: 101 We Scoop stickers for curbside trash cans distributed to pledgers

• Tools: 101 poop scooping toolkits distributed to We Scoop pledgers. Toolkits included We Scoop stickers for curbside trash cans, and their choice of a bag dispenser (79), a leash flashlight (84), and/or a collar light (89)

• Promotion: Scooping Stars photo contest (14 photos entered) • Promotion: Dog waste display and activity at Paws and Claws Expo & Dog

Days of Summer - 100 contacts • Promotion: exterior bus ads on 10 city buses with alternating routes between

December 2015-March 2016, and December 2016-March 2017, profiled local Scooping Stars, message focused on barriers of dark and rain, "scoop with a light or on your day off," and "scoop at home weekly, especially during the rainy season."

• Promotion: interior bus ads in all 60 city buses between June 2016-June 2017, profiled local Scooping Stars, message: "scoop every time, at home and on walks"

• Promotion: posters delivered to all veterinarians offices for their waiting rooms and/or exam rooms

• Used results of Dec 2015 audience research to inform revised focus of program - redoubled focus to partnership with waste hauler to improve effectiveness of target message of putting dog waste in the trash.

• Contributed program recommendations, audience research reports, designed materials, and winning dog photographs to the STORM resource library.

Dog owners at home Dog owners in public places

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Education/ Outreach Activity Description Targeted Audiences

Wash Right outdoor washing campaign

• Pressure Wash Kit and technical assistance offered to assist residents and small businesses in proper wash water management

• Car wash kits were loaned for 3 fundraising events.

Residents Businesses Charity groups

Lake Whatcom Management Program

Policymaker Engagement • Presentations regarding the progress of the development of the new

Homeowner Incentive Program at Lake Whatcom Joint Policy Group meetings in March, April, May, and June.

Elected officials

Don't Drip and Drive vehicle leak campaign

• Recruited 2 local auto repair shops to offer the regional offer of a free leak inspection and up to $50 off leak repair

• Promotion: exterior bus ads on 10 city buses with alternating routes between December 2016 - March 2017, message: "Free leak inspection. Up to $50 off repairs. Don't Drip & Drive. FixCarLeaks.org"

• Contributed original photograph of child in puddle and the bus ad design files to the regional campaign materials toolkit.

Automobile owners

Local Source Control

• 149 businesses visited and provided pollution prevention technical assistance, including gas stations, chiropractors, hotels, veterinarians, nail salons, and labs, among others

• Safer Yard Products promotional materials provided to 11 garden stores for staff training and customer information.

Businesses, industries

Neighborhood Meetings

• Six neighborhood meetings for general stormwater information • Two additional meetings with the Colombia neighborhood regarding the rain

garden project: 31 interested residents. • Lake Whatcom Capital Projects Open House provided engagement to

residents near ongoing and future water quality projects

General public Lake Whatcom Residents

Stormwater Stewards program

• Clean Water Pledge: 78 people pledged to at least one of the following pollution prevention behaviors: scoop dog poop and put it in trash, wash car at car wash or on lawn, avoid pesticides and/or use them properly.

• Distributed coupons to incentivize pollution prevention behavior change to pledgers, volunteers, and local business employees and patrons.

Residents (including dog owners, car owners, homeowners)

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Education/ Outreach Activity Description Targeted Audiences

• Coupon options: coupon app (Chinook Book), a discounted car wash, or native plant coupons

• Chinook Book apps (52 codes distributed, 8 codes unlocked, 2 coupon redemptions, 199,701 views, 976 redemptions, 19 BMP redemptions)

• 13 car wash coupons distributed • 10 native plant coupons distributed

Water Use Efficiency outreach

• Water & Money Saving Guide distributed to ~5,000 utility customers • Rainwater harvesting system installation and demonstration at Kulshan

Middle School • Sharing Our Watersheds school program includes water conservation

activities • Walk for Water 2016 - 40 active participants, 200 passive participants

• Utility customers • Middle school students • 5th & 3rd grade students • General public

Online Outreach

• www.cob.org/stormwater • City website includes stormwater resources and videos, including What's the

Scoop About Healthy Streams video and Stormwater University videos • WeScoop Facebook • www.cob.org/scooppoop

General public Business owners

BTV10 aired programs • Padden Creek Daylighting Project • Squalicum Creek Reroute Project

General public

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4.0 PUBLIC INVOLVEMENT AND PARTICIPATION (S5.C.2)

4.1 Permit Requirements Section S5.C.2 of the Permit requires the City to address the following public involvement and participation elements: • Provide ongoing opportunities for public involvement in the SWMP process through

committees/commissions and updating the SWMP • Make the SWMP and Annual Compliance Report available to the public, including posting on the

City’s website

4.2 Program Overview The Bellingham public is invited to participate in stormwater decision-making. Opportunities include the City’s Public Works Advisory Board, City Council meetings, Community meetings, public hearings, neighborhood association meetings, focus groups, community surveys, and webpage communications. The City also solicits public comment through press releases specific to projects and code updates, and leisure guide advertisements. Status reports on the Stormwater Management Program were presented at the monthly Public Works Committee meetings. In addition, the current SWMP and Annual Compliance Report were made available to the public by posting downloadable versions on the City’s website and a copy is available for public review at City Hall.

4.3 Accomplishments in 2016 Public involvement opportunities to comment on the stormwater program in 2016 are summarized in Table 3.

Table 3: Public Involvement Opportunities Undertaken in 2016

Public Involvement Opportunity Description of Opportunity

City Council Meetings City Council holds weekly meetings that are open to the public

Public Works Advisory Board Annual review of Stormwater Management Program

Website posting of SWMP and Annual Report

Downloadable versions of the current stormwater management documents are on the City website

4.4 Plans for Program Activities in 2017 The City plans to offer public involvement opportunities similar to those offered in 2016.

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5.0 ILLICIT DISCHARGE DETECTION AND ELIMINATION (S5.C.3)

5.1 Permit Requirements Section S5.C.3 of the Permit requires the City to address and/or maintain the following illicit discharge detection and elimination (IDDE) elements:

• Develop an ongoing program to detect and remove illicit discharges, connections, and improper disposal, including any spills into the municipal separate storm sewers owned or operated by the City

• Develop a map of the municipal storm sewer system • Implement an ordinance that prohibits illicit discharges, and create a program to detect and

address illicit discharges • Publicize a hotline or other local telephone number for public reporting of spills and other illicit

discharges • Train staff on proper IDDE response procedures • Track all spills, illicit discharges and connections reported to the City and response actions taken,

including enforcement actions

5.2 Program Overview The City has developed and implemented an ongoing program to detect and remove illicit discharges and connections into the City’s Municipal Separate Storm Sewer System (MS4). A comprehensive GIS mapping system of its MS4 has been in place for many years. The map contains all known municipal storm sewer outfalls and receiving waters, and structural stormwater BMP’s owned or operated by the City. All known private stormwater facilities are mapped as well. The City tracks and locates all outfalls, retains development records, and continually updates the map as new facilities come online. Records are also refined as new information becomes available. All City staff and the public as well have access to the stormwater system attributes through the CityIQ Online Map Viewer which allows searches for Bellingham-area information. While many features are available in the GIS system, the City also has a Comprehensive Stormwater Management Plan that developed a customized application of the Western Washington Hydrology Model version 3 (WWHM3) to evaluate the hydrology and hydraulics of the City's stormwater system components.

Through Bellingham Municipal Code 15.42.050.C, the City prohibits non-stormwater illegal discharges, and/or dumping into the City's MS4. The enforcement of all stormwater code provisions including illicit discharges is provided for in BMC 15.42 subsections 070-110. Illicit discharges were prohibited in the 1995 adopted code; however, the language was refined in the 2009 ordinance to fully reflect the NPDES permit language. The City is active in the enforcement of illicit discharges.

The City has established interdepartmental coordination to report and respond to illicit discharges. City staff utilize many methods to discover and trace illicit discharges and IDDE problems including visual observation and chemical analysis, internal pipe scanning, stormwater outfall monitoring/dry weather monitoring, and source control inspections. The city also uses customer information to identify and resolve stormwater issues.

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A stormwater hotline number (360-778-7979) is posted on the City's website and also publicized on the newer storm drain markers throughout the City. SSWU staff are ready to record and respond to all calls regarding illicit discharges or illegal spills that are received on the hotline. All valid inquiries are followed up as necessary to resolve the issue. Follow-up actions are tracked and feedback is given to the initiators as well as Ecology as necessary. The City has also both received and sent information thru the Ecology ERTS system and responds similarly providing closure information back to Ecology.

SSWU staff respond to most stormwater incidents to assess the situation and plan follow-up actions to resolve them. For incidences that reach the MS4, SSWU staff work with the Storm Operations crew and a vacuum truck is used if needed. Fire and Police are often the first responder; however, if it is not a hazardous materials situation, they are trained to call SSWU responders and the Storm Operations crew. All Public Works Operations vehicles have spill kits for containment and cleanup of small spills. The Storm Operations crew receives training on spill response and addresses any additional questions or concerns through the stormwater committee. The COB Emergency Response Plan for Public Works Operations: Water, Wastewater, Stormwater Chapter 8 Water Quality Contamination, and Checklists 10 and 11 Hazardous Materials Spill to Streets or Storm Water System cover procedures for spill response.

In addition to responding to illicit discharge incidents, the City is proactive in tracing the source of illicit discharges. The City has been utilizing system scanning since 2003 to both discover illicit discharges and trace the sources as well as to detect maintenance issues. The crew has been trained to look for signs of non-stormwater discharges from private piping entering our system. Signs of staining, foam, discolored discharges are all indications that would be part of the condition report of the piping system. This information is provided to the supervisor and is also logged into system reports for future referral. The City has reviewed 100% of our total 28 square miles of stormwater network and is beginning to review the system a second time, with approximately 10% completed at this time. The initial effort captured older infrastructure in the Central Business District and known problem areas. Crews have since proceeded by ¼ sections starting in the northwest moving east and then south. This system review has resulted in locating many problems including misconnections and suspicious flows.

The City also identifies illicit connections through its dry weather outfall inspection program which was initiated in 2004. Information from the dry weather studies has been useful in identifying stormwater problems ranging from sewer/stormwater service line cross connections, leaking water valves, pet waste mismanagement, yard waste mismanagement, and other non-point source pollution. When samples from flowing outfalls indicates a problem, GIS information is used to track the pathways up the stormwater system.

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The priority of field assessment on City streams is based on the level of water quality impairment and 303d listing parameters. Outfall inspections are conducted during dry weather in accordance with the Center for Watershed Protection’s Illicit Discharge Detection and Elimination Guidance Manual. To date, outfall inspections have been conducted on:

• Lake Whatcom and Silver Beach Creek in 2004 • Whatcom Creek and tributaries in 2004 • Padden Creek and tributaries in 2005 • Squalicum Creek and tributaries in 2006 • Whatcom Creek and tributaries in 2007, repeated to support TMDL efforts • Lake Whatcom and Silver Beach Creek in 2008 repeated to support TMDL efforts • Bellingham Bay in 2012 in conjunction with the Port of Bellingham • Whatcom Creek wet weather sampling in 2011 and 2012 to support TMDL efforts • Connelly and Fever Creeks wet weather sampling in 2014 to support TMDL efforts • Chuckanut and Bear Creeks and tributaries in 2015

The City, through our Local Source Control (LSC) Partnership with Ecology, provides technical assistance and pollution prevention education to businesses. The City evaluates priority businesses and industrial activities likely to have illicit discharges and provides technical assistance to these entities on ways to reduce sources of pollution. Site visits with businesses include in-depth surveys of current practices, focusing on hazardous material storage and disposal, outdoor storage, catch basin maintenance, and the potential for stormwater contamination. Good housekeeping practices are commended and corrective actions are discussed. Follow-up letters are sent to establishments highlighting existing good practices and itemizing practices that need to be corrected along with recommendations on how to remedy them. Certain high priority environmental issues trigger an automatic follow-up visit. During these visits the City is able to note business practice changes or continue with education to correct persistent problems. Program staff also deal directly with these businesses on illicit discharges either reported or imminent. Dye testing is used in cases where questions arise about the storm/sewer network.

Since the program's inception in 2008, the LSC program has focused technical assistance visits on sectors including boat repair, chiropractors, printers, photo processors, dry cleaners, hotels, landscapers, nail salons, nurseries, dentists, veterinary clinics, gas stations, painters, pharmacies, auto body, auto repair shops, wood workers, metal workers, property managers, grocery stores, restaurants, and scrap recyclers. The visits have resulted in significant reductions in stormwater pollution along with reduction in hazardous waste materials sent to our wastewater treatment plant.

The City requires biannual IDDE training for all municipal field staff, including the Surface and Storm, Street, Water, Wastewater, and Traffic crews, and the Police and Fire Departments. Public Works

Staff handled 264 stormwater incident reports,

187 of which were Stormwater Hotline calls.

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inspectors and supervisors have also been trained on illicit discharge identification and procedures. The City has 65 Certified Erosion and Sediment Control Lead (CESCL) trained personnel on staff.

5.3 Accomplishments for 2016 The City has taken many steps to identify and eliminate illicit discharges in 2016. Knowledge of City infrastructure improves as the City's comprehensive map of its MS4 continues to be updated. In 2016, the City received to 187 hotline calls, as well as an additional 77 notifications from online submittals, direct calls, emails, staff complaints, and ERTS referrals. All incidents reported were responded to in some manner. Some inquiries were discussed with the caller and did not require further action while others were forwarded on to a different department as appropriate. Most inquiries were addressed by SSWU staff and follow-up responses were tracked in the stormwater incident response database. The Stormwater Committee met every two months in 2016 and served as a forum for training staff and inspecting City Operations facilities. The IDDE training was completed by 164 field staff. This training is renewed every two years by all field staff in the Police, Fire, Parks and Public Works departments. SSWU Staff also participated in:

• Webinars on stormwater BMPs, pesticide safety, pharmaceutical waste, Integrated Pest Management, etc.

• Monthly conference call presentations and quarterly in-person trainings with regional Local Source Control Specialists on topics such as L&I safety, stormwater management and toxicology, low impact development, chemicals of emerging concern, FOG, spill response, and waste designation.

• National North American Hazardous Materials Management Association (NAHMMA) conference; one staff member serves as the President of NAHMMA

• 8 hour Hazardous Waste Operations and Emergency Response (HAZWOPER) certification renewal • Certified Erosion & Sediment Control Lead (CESCL) certification renewal • 149 businesses visited through the Local Source Control Program, including gas stations,

chiropractors, hotels, veterinarians, nail salons, and labs, among others

5.4 Plans for Program Activities in 2017 The City plans to continue responding to illicit discharges at a commensurate level of effort as in 2016.

6.0 CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT AND CONSTRUCTION SITES (S5.C.4)

6.1 Permit Requirements Section S5.C.4 of the Permit requires the City to address the following elements regarding controlling runoff from new development, redevelopment and construction sites:

• Develop, implement, and enforce a program to reduce pollutants in stormwater runoff discharging to the municipal separate storm sewer system from new development, redevelopment, and construction site activities

• Adopt an ordinance to address runoff from new development, redevelopment, and construction activities from both public and private sites using Appendix 1 as the standard.

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• Retain existing local requirements to apply stormwater controls at smaller sites or at lower thresholds than required pursuant to S5.C.4

• Develop and implement a planning process for development that includes plan review, inspection, and enforcement capability

• Provide copies of the Notice of Intent for construction or industrial activities to representatives of the proposed new development and redevelopment

• Provide training to staff on the new codes, standards, and standard operating procedures • Develop a process to record and maintain all inspections and enforcement actions by staff

6.2 Program Overview The City has developed, implemented, and enforced a program to control runoff from new development, redevelopment, and construction site activities. In 2006 and 2009, the City updated its stormwater code to address construction runoff control from both public and private sites using language consistent with the "Technical Thresholds" in Appendix 1 of the Phase II Permit. However, since the adoption of the City's initial stormwater ordinance in 1995, a permitting, inspection, and enforcement program has been in place that is more restrictive than the Appendix 1 thresholds. The City requires some form of erosion control on all projects that exceed 120 square feet of impervious surfaces or disturb more than 500 square feet of soil. These local requirements have been retained as the City continues to regulate stormwater from smaller sites or at lower thresholds than required pursuant to S5.C.4. Sites that trigger the Appendix 1 thresholds receive more detailed reporting, increased inspection frequencies, and additional compliance items as necessary to meet the Phase II Permit requirements.

The City previously followed the planning process and BMP selection and design criteria outlined in the 2005 Stormwater Management Manual for Western Washington. The new 2012 Manual was adopted by the City automatically at the time it was adopted by Ecology. Our permitting process includes site plan review, inspection, and enforcement capability. Copies of the Notice of Intent for construction or industrial activities are provided to project proponents. City databases are used to record permit activity and maintain a record of all inspections and enforcement actions taken by staff.

The use of Low Impact Development techniques is promoted and encouraged through the stormwater permit review process, educational outreach programs, and financial incentives. The City adopted financial incentives for the use of LID techniques in the form of reduced stormwater development fees in 2006 for any prospective project. In addition, residents in the Lake Whatcom Watershed taking part in the Homeowner Incentive Program (HIP) receive a free

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stormwater permit, design assistance, and material reimbursement for completing an LID project.

All permitted development sites are inspected by qualified Public Works Department Inspectors for proper erosion and sediment controls and appropriate enforcement actions are taken as necessary to ensure compliance. The City's inspection program includes site visits prior to the onset of construction, during construction and post-construction. Verbal warnings are often given during inspections and corrections are made when the inspector is present. When necessary stormwater permit correction notices are issued listing the items that do not comply with City codes along with required corrective actions. Stop work orders are issued in cases where non-compliance persists and they remain in effect until additional inspections show compliance. All permitted developments sites are inspected upon completion and prior to final approval or occupancy to ensure proper installation of permanent stormwater controls and to verify that a maintenance plan is in place. The City uses an escalating enforcement strategy of corrective warnings, monetary ticketing, and if necessary the case is transferred to the City's legal staff.

The City's Private Stormwater Facility Inspection Program has two major components. The first priority is the scheduling and inspecting of private facilities that trigger the NPDES annual inspection requirement to ensure maintenance standards are met on post-construction private facilities.

Secondarily, the City inspects and provides technical assistance to owners of smaller or older private facilities within the City’s jurisdiction. Private facilities built after 2007 that trigger the Appendix 1 thresholds are inspected annually unless inspection records support a different frequency. Inspection reports document conditions and itemize specific maintenance corrective actions. Notification letters are sent to the property owners along with the inspection report and a

timeline for action. Typically, maintenance is required prior to the next annual inspection however there are circumstances that call for more frequent follow-up inspection and the City continues to work with owners until maintenance issues have been resolved.

Site plan reviewers, inspectors, city engineers and SSWU staff have had stormwater code training, DOE manual training, and have attended permit overview workshops. Permit Center staff are trained quarterly on the new codes, standards, and standard operating procedures. The City has 65 Certified Erosion and Sediment Control Lead (CESCL) trained personnel on staff.

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6.3 Accomplishments in 2016 The Public Works Development Section reviewed 578 site plans in 2016. These plans were distributed as follows into the four permit levels:

• 230 level 1 permits for projects containing more than 300 square feet and less than or equal to 1,000 square feet of new or replaced impervious surface or containing more than 500 square feet and less than or equal to 5,000 square feet or clearing or grading.

• 281 level 2 permits for projects containing more than 1,000 square feet and less than or equal to 5,000 square feet of new or replaced impervious surface or containing more than 5,000 square feet and less than or equal to 30,000 square feet or clearing or grading.

• 42 level 3 permits for projects containing more than 5,000 square feet and less than or equal to one acre of new or replaced impervious surface or containing more than 30,000 square feet of clearing or grading.

• 25 level 4 permits for projects containing more than one acre of impervious surface. The City continued to regulate stormwater from smaller sites or at lower thresholds than required pursuant to S5.C.4 using local ordinances that were in place prior to the NPDES Phase II Permit.

City Stormwater Inspectors made 8,369 stormwater inspections during 2016. Stormwater permit correction notices were issued to document 169 construction activities that were not in compliance with City stormwater code. These sites were re-inspected until corrective actions were taken. Thirteen stop work orders and two formal written warnings were issued.

The City continued the inspection program for privately owned and maintained stormwater mitigation facilities. The City conducted 149 inspections. Of these, 76 inspections were for facilities which meet the NPDES requirements for inspection, and 73 inspections were performed on systems that did not meet the NPDES requirements. Further technical assistance was provided through an additional 75 return site visits, 51 of which were for facilities that met NPDES requirements, and 24 were for facilities that did not meet NPDES requirements.

The Public Works Department staff viewed various webcasts on design of stormwater facilities, implementing best management practices, and pollution prevention. The Development Department holds quarterly trainings for permit center staff on code changes and to help with outreach questions.

6.4 Plans for Program Activities in 2017 The city plans to continue to control runoff at a commensurate level of effort as in 2016.

149 private facility inspections and

75 follow-up visits were provided

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7.0 POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS (S5.C.5)

7.1 Permit Requirements Section S5.C.5 of the Permit requires the City to address the following pollution prevention and operation and maintenance elements:

• Develop and implement an operations and maintenance program, with the ultimate goal of preventing or reducing pollutant runoff from municipal operations.

• Adopt maintenance standards for the municipal separate stormwater system that are at least as protective as those specified in Ecology’s 2012 Stormwater Management Manual for Western Washington

• Perform annual inspections of stormwater flow control and treatment facilities and catch basins • Develop Standard Operating Procedures to reduce stormwater impacts associated with runoff from

municipal O&M activities • Train staff to implement new procedures • Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or

storage yards identified for year-round facilities or yards, and material storage facilities owned or operated by the City

7.2 Program Overview The City of Bellingham has developed and implemented an operations and maintenance program with the goal of preventing or reducing pollutant runoff from municipal operations. One focus of the program is training municipal staff on good housekeeping pollution prevention practices that are applicable to daily City operations and activities. Other components include, maintaining public stormwater facilities, updating stormwater pollution prevention plans for city facilities, and constructing capital improvement projects that reduce pollution.

The City has a comprehensive program for maintaining city-owned or operated permanent stormwater treatment and flow control facilities. Maintenance standards from Ecology’s 2012 Stormwater Management Manual for Western Washington were adopted by the City and are used to evaluate facilities for both private and public inspections. The City maintains over 702 facilities including 6 regional detention ponds, 135 detention/water quality ponds, vaults or pipes, 98 bioswales, 98 rain gardens and bioretention facilities, 37 infiltration trenches, 140

sand, media, and Vortech filters, 13 sections of permeable pavement (constituting 110,860 square feet), 1 stormwater treatment wetland, and 4 oil-water separators.

Inspection and maintenance of facilities is scheduled and tracked through a maintenance management system. Inspections occur at a minimum annually with most facilities inspected several times

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throughout the year. Filters are inspected even more frequently; typically on a 3 month circuit. Maintenance is scheduled when a facility exceeds the applicable maintenance standards and corrective actions are executed as soon as practical. All known catch basins and inlets owned or operated by the City of Bellingham are inspected and cleaned as necessary to comply with the maintenance standards. In addition, City Storm Operations staff have identified potentially vulnerable stormwater facilities that are monitored during and after major storm events.

Stormwater Pollution Prevention Plans (SWPPPs) have been developed for the Public Works Operations Complex and the Parks & Recreation Operations Center. Stormwater Committee members perform regular site inspections of operations facilities to ensure that proper good housekeeping practices are being followed and provide training for municipal employees. The City has 65 Certified Erosion and Sediment Control Lead (CESCL) trained personnel on staff.

The City’s street sweeper program aims to clean all City streets on a 2 to 3 month circuit. More frequent street sweeping occurs in the downtown Central Business District where streets are serviced twice a week and in the Lake Whatcom Watershed where streets are cleaned twice a month. In addition, the City led a joint venture to purchase a street sweeper for Whatcom County NPDES partners to proactively prevent pollutants from entering TMDL water bodies. This state of the art high efficiency street sweeper has a higher rate of

fine particulate capture and is used around the city and particularly in the Lake Whatcom Watershed to improve removal of particulate phosphorus from roadways. It is also currently being used by the Port of Bellingham and is available to both Whatcom County and the City of Ferndale. Capital improvement projects have been a major component of the City’s effort to reduce stormwater impacts associated with runoff from streets and parking lots. Over the past decade, numerous stormwater quality retrofit projects have been completed citywide and many more are scheduled with funding secured. Projects have used LID techniques, conventional water quality facilities, and in-line treatment options. Recent projects include the Broadway Park sand filter that treats stormwater from the Sunset Drive and I-5 junction and the water quality vault in Maritime Heritage Park that treats 40 acres of the downtown area.

For the Lake Whatcom Watershed in particular, a key component to the City’s stormwater treatment strategy is implementing controls that reduce the amount of phosphorus entering the Lake. A notable accomplishment in this regard is that all public stormwater facilities in the City's portion of the Lake Whatcom Watershed are now utilizing phosphorus-specific filtration media, improving phosphorus removal efficiency to approximately 67%, up more than 12% when compared to efficiencies achieved

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through 2014. The City has 52 main treatment systems in the Lake Whatcom Watershed and other smaller ones associated with our HIP program.

7.3 Accomplishments in 2016 The City of Bellingham inspected over 90% of all publicly-owned stormwater facilities and completed maintenance for 75% of those inspected. All reported maintenance issues were responded to promptly. Those facilities not inspected include several new facilities which came on line during 2016 and therefore did not require inspection or maintenance by stormwater maintenance crews. In addition, crews inspected and maintained an estimated 5,370 structures of the 13,734 known publicly-owned structures in the City. Publicly-owned structures include 11,572 catch basins and 2,162 manholes.

The Stormwater Committee continued to meet as a forum for interdepartmental discussions on municipal stormwater issues. Each bimonthly meeting contained a training component on stormwater protocol and pollution prevention practices. In addition, the Public Works Operations maintenance yard was inspected three times to ensure source control BMPs were implemented.

7.4 Plans for Program Activities in 2017 The City plans to continue to implement pollution prevention and maintenance for municipal operations at a commensurate level of effort as in 2016.

8.0 MONITORING (S8.C.1.b and S8.C.2)

8.1 Program Overview The City of Bellingham has conducted water quality monitoring for over 25 years through our Urban Streams Monitoring Program. This program was initiated in 1990 with the purpose of collecting data and maintaining a record of stream conditions at up to 19 separate stream sites on the 5 major creeks within Bellingham. In addition, the City sponsors an in-depth water quality program focused on the Lake Wh atcom Watershed. The program began over 50 years ago due primarily to our requirements as a purveyor of water to test the quality of incoming water to our water treatment system but has continued to grow and expand in scope as additional parameters and studies have been deemed necessary. In recent years, the City has focused not only on the Lake quality but also on the nature of the water entering the Lake through creeks and large storm drains. Western Washington University (WWU) over this time period has been commissioned by the City to provide ambient Lake monitoring and stormwater input monitoring from the various creeks.

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A third facet of the City’s program involves stormwater monitoring. For over 15 years, the City has tested inflows to creeks primarily in the Lake Whatcom Watershed following storm events. Monitoring started with the inclusion of the Park Place stormwater wet pond in the WWU Lake Monitoring study. Our stormwater monitoring program has expanded to test a variety of BMP’s for effectiveness in removing standard pollutants and phosphorus. To date we have performed testing on rain gardens, wet ponds, sand filters, and media filtration. Three different types of systems have been analyzed to date with the following results:

• Phosphorus specific filtration media - 50-85% phosphorus removal efficiency based on water quality sampling

• Rain gardens – 81% fecal coliform removal based on quarterly sampling • Sand filters – 50% phosphorus removal and 80 to 99.9% fecal coliform removal based on quarterly

sampling

Analysis of systems in Lake Whatcom is being used to typify phosphorus removal rates for TMDL compliance. This program is of regional significance because it provides credible information on new stormwater treatment and infiltration techniques that is specific to Western Washington. The new media in the facility, including phosphorus-removing filter cartridges, has been given conditional approval from the Department of Ecology as a phosphorus-limiting best management practice (BMP).

Bellingham has also engaged in short-term monitoring as a part of our illicit discharge program. During field investigations, flowing outfalls have been tested for basic water quality parameters including fecal coliform, turbidity, pH, conductivity, dissolved oxygen and temperature. In addition, testing for total phosphorus is included where applicable.

8.2 Accomplishments in 2016 The City’s Urban Stream Monitoring Program and Lake Whatcom Monitoring programs continued.

The City continued evaluating specialized filter medias for dissolved phosphorus removal around Lake Whatcom. In addition to the filter medias, Bellingham has been implementing use of the recent Department of Transportation/Ecology Media Filter Drain Best Management Practice (BMP) within the Lake Whatcom Watershed. This BMP uses a mixture of gypsum, perlite, dolomite and aggregate to treat water for phosphorus and other pollutants. This BMP has undergone testing and is rated to remove about 85% of total phosphorus. This BMP has been used for our Northshore, Bloedel Donovan, Huntington, and Shepardson stormwater retrofit projects to date.

8.3 Plans for Program Activities in 2017 The City plans to continue its monitoring at a commensurate level of effort as in 2016.

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9.0 CAPITAL PROJECTS and RETROFITTING (Not Required by NPDES)

9.1 Program Overview The City of Bellingham has an active Capital Program associated with the Storm and Surface Water Utility (SSWU). A part of the SSWU funding has been used for the replacement of capital assets to maintain the infrastructure and retrofitting stormwater systems and areas for water quality and environmental benefit.

Since the 1980's Bellingham has been active in providing system retrofits and managing stormwater. The retrofits were first primarily related to the prevention of flooding. In 1992 Bellingham received a grant from Ecology and constructed our first water quality facility retrofit for the protection of Lake Whatcom. Since Lake Whatcom is the drinking water source for about 120,000 people it has remained high on our needs list. For this basin alone the City has constructed and maintains an oil water separator and 50 facilities that reduce phosphorus and other pollutants.

Retrofitting is also of importance to areas outside of Lake Whatcom. In addition to required water quality improvements related to transportation improvements, the City considers including water quality retrofits in water and sewer replacements as well, whenever possible.

9.2 Capital Projects North End Regional Pond The North End Regional Pond, completed in 2016, is an approximate 7 acre regional stormwater flow control and water quality treatment facility on a 13 acre site. The facility will provide an enhanced level of water quality treatment and mitigate approximately 80 acres of commercial and residential development north of Bakerview Rd, an area identified as one of Bellingham's employment centers. The regional approach of this is consistent with the city’s Comprehensive Plan, providing for economies of space and coordinating public utilities with private investment.

9.3 Retrofit Projects Bellingham's stormwater capital program has included a substantial number of retrofits over the years. SSWU policy has been that street projects that create new stormwater impacts and trigger code compliance are responsible for those mitigations. SSWU funding has been used to augment those mitigations or to provide funding in total to retrofit project areas that are not responsible for mitigation. Primary examples of this are street projects that are overlaying existing roadways with new asphalt or replacing existing curb/gutter systems. If the improvements do not trigger any code requirements, we look at retrofitting as an opportunity to improve our systems. In such cases decisions are based on average daily traffic for the street, the degree of opportunity, and available funding. Where street projects are only responsible to mitigate for new impervious surfaces, retrofitting is incorporated to aid providing total mitigation for the project area. This is to avoid having streets that are only partially mitigated that may present problems in the future if comprehensive retrofitting is desired or required. Recent projects are described below.

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Water Quality for Padden Estuary This project treats semi-urban runoff from more than 90 acres of the Fairhaven and South Hill Neighborhoods that drain directly into lower Padden Creek and its Estuary and previously received no stormwater treatment. The project began construction in 2015, and was completed in late 2016. A 4,250 ft2 Filterra Bio-Scape® system, consisting of engineered soil mixes and planted with native plants, provides best-available treatment for nutrients, bacteria, sediment, hydrocarbons, and metals in runoff generated from urban development within the drainage basin. Performance of the biofiltration system was maximized through the installation of pre-treatment, flow control, and infiltration systems. These supplementary systems remove material debris and sediment and treat low-volume base flows from the large treatment basin. Columbia Neighborhood Water Quality Improvement This project, currently in design, will provide stormwater treatment for runoff from a large portion of the Columbia Neighborhood and will upgrade and repair existing storm drainage infrastructure. The project will treat stormwater runoff caught in traditional catch basins by the installation of three water quality facilities. Runoff will also be partially diverted into 12 bioretention facilities (raingardens). The project area is between Eldridge Avenue and Connecticut Street, and Williams Street to Elizabeth Street. Activities completed in 2016 involved engaging the neighborhood in the initial design strategy to identify known issues and apply site-specific solutions when possible. Public outreach included participation in the Neighborhood Association's annual meeting as well as a separate public meeting that drew attendees from throughout the proposed project area. Preparatory engineering tasks, mainly consisting of geotechnical investigations of soils, topographic surveying, and preparation of an Engineering Design Report detailing the project for Washington State Department of Ecology review, also occurred during 2016. Roosevelt Neighborhood Water Quality Improvement This project, currently in design, will provide stormwater treatment for runoff from a large portion of the Roosevelt Neighborhood centered on Texas Street. The drainage on Texas is split with one half being treated with inlet filters at catch basins before entering the conveyance system, and the other half being treated by a biofiltration swale that will be located within an existing drainage around Roosevelt Park. Also as part of this project, repairs and replacements to storm water conveyance piping will be done. Activities completed in 2016 involved preparatory engineering tasks, mainly consisting of geotechnical investigations of soils and topographic surveying.

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Britton Road Project The Britton Road project planned to retrofit street tree installations and catch basin inlets along Britton Road, installing treatment systems designed specifically for phosphorus removal within a phosphorus-limited watershed. This project would treat runoff from 13 acres of residential development which currently adds over 14 pounds of phosphorus to Lake Whatcom annually. This project was specifically sited to address untreated runoff entering the Lake. The Britton Road improvements were developed to a 30% design; however, iterations of the 30% design were evaluated and determined to have low benefit/cost ratios, therefore the Britton Road project will not be constructed. Park Place Water Quality Facility An alternatives analysis for the Britton Road Project found that the use of cutting edge treatment media technologies and reconstruction of the existing Park Place end of pipe stormwater treatment pond would likely result in a significantly improved benefit/cost ratio and expand the capacity of treatment to the entire basin. Conveyance modifications would convey 152 acres of the 476 acres (32 percent) of the Lake Whatcom watershed within the city limits to the site for treatment. The preliminary modeling and assumptions about potential performance indicate that this system could achieve an 89 percent removal of total phosphorus. The proposed iron and activated alumina amended filter media shows great promise for providing a robust level of phosphorus treatment to a large portion of the Lake Whatcom watershed within Bellingham city limits. East North Street Phosphorus Reduction Retrofit Project The East North Street Phosphorus Reduction Retrofit Project will retrofit existing right-of-way areas by installing a stormwater treatment system with a general use level designation (GULD) for phosphorus. This project will treat runoff from 8.1 acres of residential development and 9.1 acres of forest. Runoff from these areas currently adds about 9.6 pounds of phosphorus to Lake Whatcom annually. Based on evaluation using Ecology-approved hydrologic modeling, the retrofit will treat over 96 percent of the average annual volume of stormwater runoff and remove 6.6 pounds of phosphorus annually, a 69 percent reduction. The E. North project design progressed to 90% in 2016. East Oregon Street Phosphorus Reduction Retrofit Project The East Oregon Street Phosphorus Reduction Retrofit Project will install treatment systems with a general use level designation (GULD) for phosphorus treatment. Stormwater improvements will treat runoff from 22.9 acres of streets and residential development, which currently add 21.9 pounds of phosphorus to Lake Whatcom annually. Based on evaluation using Ecology approved hydrologic modeling, the retrofits will remove nearly 14.6 pounds of phosphorus annually, a 64 percent reduction. The E. Oregon project design progressed to 90% in 2016. James Street Water Quality for Sunset Drive The primary project goal is to improve water quality in Squalicum Creek, particularly for bacteria, low dissolved oxygen, temperature, zinc and pH. A series of bioretention cells are planned to treat runoff from 35.5 acres of urban development along Sunset Drive between Interstate 5 and Orleans Street.

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These will be installed in the available Right of Way along James Street at the downstream end of the basin and is expected to treat 91 percent of the storm volume. Project design was initiated in 2016.

9.4 Fish Passage Improvements A component of the SSWU capital program funds the improvement of culverts that are impediments to fish. An attempt has been made to identify fish passage issues within Bellingham and to provide a level of funding to deal with those issues over time. Projects occur based on both a prioritization ranking and on existing system condition.

In the summer of 2016, the City of Bellingham repaired an existing pool at the downstream end of a Padden Creek fishway to improve fish passage. The existing pool was located at the downstream end of the Padden Creek fish ladder at 16th Street. Existing rock material had fallen and reduced the pool elevation. The material was reconfigured to match the original concept of rock controlled pool in order to restore higher pool elevation and improve fish passage into the fish ladder.

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E Sunset Dr Annexation, approximately 158 acres

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Dog Waste Project Summary

Barriers and benefits to pet waste disposal in the Squalicum Creek Watershed were identified in a 2013 survey conducted by Applied Research Northwest, LLC (ARN). The findings informed a social marketing campaign (called "We Scoop Bellingham") that used educational messaging and an online pledge to reach two target audiences:

1) Dog owners who pick up after their dog frequently at home but are deterred by bad weather and darkness; and

2) Dog owners who pick up after their dog regularly but do not dispose of the waste properly.

Elements of the social marketing campaign included: • A mailing from the City of Bellingham • Scooping Stars Photo Contest • Posters in local businesses and offices • We Scoop Bellingham Facebook Page • Scoop the Poop Promise • Trash can sticker • Poop Scooping Toolkit: dog collar light, leash flashlight, and poop bag dispenser • Toss the Turd game at community or humane society events • Pet photo booth at community or humane society events

ARN conducted a follow-up survey in May 2015 to monitor changes in behavior associated with picking up after dogs at home and assess familiarity with pet waste risks and the We Scoop Bellingham outreach campaign.

Key highlights include:

• Less dog owners reported the belief that "the natural environment can take care of any waste that's left on the ground."

• More dog owners have heard more about fecal coliform bacteria in Squalicum Creek. • A larger portion of people were picking up their dogs' waste at home (99% compared to 93%

previously) though with less frequency than the baseline sample. • About 49% of the survey respondents remembered receiving a mailing about the We Scoop

Bellingham campaign. 35% of respondents recalled seeing something about the Scooping Stars Photo Contest and the same percentage remembered seeing posters in local businesses and offices.

• Roughly half of the survey participants had heard of the "Scoop the Poop Promise" and of those, 37% had taken the online pledge.

• 87% of respondents who received a poop scooping toolkit used the bag dispenser and 65% reported they affixed the "We Scoop" stickers on their trash cans.

Next steps:

Further evaluation is needed to determine whether longer-term campaign exposure is able to influence more change in behavior. The City of Bellingham plans to continue this program and expand its reach in a phased approach throughout the city neighborhood by neighborhood. Next steps include featuring photo contest winners in a mass media campaign and trash can stickers will be distributed as a garbage bill insert.

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January February March April May June July August September October November DecemberStormwater..Pet Waste Home: pledge

site, Facebook page, photo contest, sticker development

Public: bag stations, signs

Home: pledge site, Facebook page, photo contest, sticker mailings

Public: bag stations, signs

Home: pledge site, Facebook page, photo contest

Public: bag stations, signs

Home: pledge site, Facebook page, photo contest

Public: bag stations, signs

Home: pledge site,Facebook page, photo contest

Public: bag stations, signs, interior bus ad development

Home: pledge site, Facebook page, photo contest winners

Public: bag stations, signs, check in with station volunteers

Home: pledge site, Facebook page, photo contest

Public: bag stations, signs, interior bus ads

Home: pledge site, Facebook page, photo contest

Public: bag stations, signs, interior bus ads

Event: Paws & Claws Expo

Home: pledge site, Facebook page, photo contest

Public: bag stations, signs, interior bus ads

Event: Dog Days of Summer

Home: pledge site, Facebook page, photo contest, exterior bus ad designs

Public: bag stations, signs, interior bus ads, check in with volunteers

Home: pledge site, Facebook page, photo contest, finalize exterior bus ads

Public: bag stations, signs, interior bus ads

Home: pledge site, Facebook page, photo contest,

Public: bag stations, signs, interior bus ads

..Vehicle Leaks recruit repair shops for DD&D

recruit repair shops for DD&D

Exterior bus ads for

Exterior bus ads for

Exterior bus ads for

..Vehicle Washing lend car wash kits lend car wash kits lend car wash kits lend car wash kits lend car wash kits lend car wash kits check in/counts from watershed-friendly locations

..Yard Care phosphorus ordinance letters to retailers

training for working with pesticide retailers

plan pesticide retailer outreach program (with

plan pesticide retailer outreach program (with

General Stormwater Awareness

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

SW pledge, Chinook book coupon distribution

Capital Projects/Grant Support

Begin big-picture conversation on consistent capital project signage

Padden Daylighting:- develop interp.signage outline for- developillustrations forinterp. signage

Columbia SW Retrofits: email interested residents about delay in project

Padden Daylighting: - begin planningculminating event- develop layoutfor interp. signs

Lake Whatcom: Plan add'tl capital project sign locations with Eli

Padden Daylighting: - finalizecoordination ofculminating event- route interp.signage for review and finalize

Lake Whatcom:Finalize capital project signage plan and design

Padden Daylighting: - publicizeculminating event(postcard, pressrelease, eventcalendar)- Hold culminatingevent

Lake Whatcom: - Pre-projectphotos of allwatershed capitalprojects- Develop pre-constructionpostcard(announce openhouse)- Develop pre-construction/open house pressrelease- Add open houseto event calendar

Padden Daylighting: - install interp.signage by June

Lake Whatcom:- LW Capitalprojects OpenHouse- Install capitalproject signage forlast year's projects - Review pre-construction pressrelease andpostcard

Lake Whatcom: - Take post-project photos oflast year's capitalprojects withplantings(Academy)

Education and Outreach 2017 Work Plan

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Lake WhatcomResidential Retrofits Focus groups held Focus groups held Final findings

report in from PRR

Internal program planning adjustments based on findings

Adjust timeline for program development

Set up partner meetings to plan contracted work

Finalize ed program plan and timeline

Develop ed materials

Develop ed materials

Take post-project photos of last year's projects

Test ed materials with advisory team and possibly more informal focus groups

Adjust ed materials based on advisory and other external feedback

Present final drafts of ed materials and plan (including timeline) to program team for approval/input

Help draft SOW for partnering orgs

Finalize ed materials based on internal input

Make online tools live, then troubleshoot both internally and externally

Contracts with partners should be in place

Finalize online tools based on trouble-shooting

Page 48: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

Incident Date Incident Location Incident Illicit Discharge Notification Method Property Type Response ERTS #

1/1/2016 Vacated Lafayette Street next to Squalicum Creek Park Pet Waste FALSE Complaint Public Property Other1/8/2016 2500 Elm Pressure Washing TRUE Complaint Commercial

1/18/2016 Alderwood Elementary School, adjacent open field Pet Waste FALSE Complaint Public Property1/20/2016 815 21st St Other FALSE City Staff Commercial Written warning

1/22/2016Rotary Trailhead parking lot next to Old Fairhaven Parkway on north side of Padden Creek Pet Waste FALSE Complaint Public Property

1/22/2016 Connelly Creek Nature Area (north and/or south entrance) Pet Waste FALSE Complaint Public Property1/22/2016 Interurban Trail entrance Pet Waste FALSE Complaint Public Property1/25/2016 2101 Cornwall Ave Pressure Washing TRUE Hotline Commercial Written warning1/25/2016 3620 Irongate Rd #104 Car Washing TRUE Complaint Commercial Violation

2/1/2016 Manolia st ( Grand to Railroad) Other FALSE Hotline ROW Other2/2/2016 Interurban Trail between the tennis club and Donovan Pet Waste FALSE Complaint Public Property

2/10/2016Harris and 8th St at Padden Creek, entering trail across street from Padden Estuary outlook Pet Waste FALSE Complaint Public Property

2/16/2016 1215 12th St Other TRUE City Staff Commercial Written warning2/22/2016 2330 Moore Other FALSE Complaint Residential Other;#Other2/23/2016 500 Kentucky St Pressure Washing TRUE City Staff Industrial Violation2/24/2016 1313 Commercial St Pressure Washing TRUE Complaint Commercial Written warning2/25/2016 Daylighting Area Old Fairhaven Parkway Spill TRUE City Staff Public Property ERTS filed;#Other 663178

3/1/2016 919 N State St Spill FALSE ERTS Commercial Written warning 6632773/2/2016 2759 BROADWAY Other FALSE City Staff Residential Verbal warning3/3/2016 Roeder Spill FALSE Hotline Other Other3/3/2016 Central & Grand parking lot Spill FALSE Other ROW Other3/8/2016 814 Iowa st Other TRUE Hotline Commercial Other

3/15/2016 4231 Wintergreen Other FALSE City Staff Residential Written warning 6636923/22/2016 1536 Valhalla Other FALSE Hotline Residential Verbal warning3/24/2016 2501 McKenzie Pet Waste FALSE Complaint Residential Written warning3/28/2016 1250 Racine Clogged drain or ditch FALSE Hotline ROW Referred to3/31/2016 2019 Humbolt St Pesticide TRUE City Staff Commercial Verbal warning;#Violation;#ERTS filed;#Referred to 664082

4/1/2016 2101 37th St Spill FALSE ERTS ROW Other 6640554/6/2016 3210 Orleans St Pressure Washing TRUE City Staff Residential Verbal warning4/7/2016 517 Everglade Rd Clogged drain or ditch FALSE Hotline Residential Referred to4/7/2016 517 Everglade Rd Clogged drain or ditch FALSE Hotline ROW

4/10/2016 1297 E Sunset Dr Pressure Washing TRUE Complaint Commercial Written warning4/12/2016 5115 E North St Clogged drain or ditch FALSE Complaint Residential Referred to4/13/2016 Meador bridge over Whacom Creek Spill FALSE Hotline Other No Issue Found4/14/2016 2708 Franklin Exposed Soils FALSE Hotline Residential Referred to4/14/2016 125 S Samish Way Pressure Washing TRUE City Staff Commercial Written warning4/16/2016 2304 Elm Street Car Washing TRUE Online Residential Written warning4/20/2016 4815 Meridian St Spill FALSE ERTS Water Body 6644264/20/2016 1250 Iowa St Pressure Washing FALSE City Staff Commercial Written warning4/21/2016 2812 Martin St Spill FALSE Hotline Residential4/29/2016 1920 Iowa Street FALSE Online No Issue Found4/29/2016 2001 Iowa Street FALSE Online No Issue Found

5/5/2016 1900 18th St Other TRUE City Staff Residential Violation;#ERTS filed 6647875/5/2016 2800 Donvan Ave Pet Waste FALSE City Staff Residential Other

5/10/2016 Padden Creek Estuary Turbidity TRUE City Staff ROW 6648875/10/2016 Padden Creek estuary Turbidity TRUE City Staff ROW ERTS filed 6648875/15/2016 200 W Chestnut St Pressure Washing TRUE City Staff Commercial Written warning

Stormwater Incident Response 2017 Database

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5/16/2016 1901 King St Spill;#Clogged drain or ditch FALSE Hotline Commercial Verbal warning;#Written warning5/18/2016 Roeder and Bellweather Spill FALSE Hotline Public Property Referred to5/18/2016 Farihaven alley Pressure Washing FALSE Hotline Commercial Other5/23/2016 109 W Champion St Pet Waste FALSE Complaint Commercial Written warning5/24/2016 2233 James St Pressure Washing TRUE City Staff Commercial Written warning5/27/2016 2001 Iowa St Other FALSE ERTS Commercial No Issue Found 6652315/27/2016 1619 Kentucky St Pressure Washing TRUE City Staff Industrial Violation 6652495/31/2016 265 York St Pressure Washing TRUE City Staff Commercial Written warning

6/7/2016 Elm and Monroe Pressure Washing TRUE Hotline Other No Issue Found6/8/2016 1718 Rainer Ave

Area FALSE City Staff Residential Violation;#Red tag;#Referred to

6/13/2016 3323 Brandywine way Spill;#Other FALSE Online Residential Referred to;#Other6/14/2016 Huron & Texas Other TRUE Hotline ROW No Issue Found6/15/2016 1001 Dupont Street Pressure Washing TRUE Online Commercial Written warning6/15/2016 Harris and 11th Pressure Washing TRUE Complaint Commercial Written warning

6/21/2016 2900 Woburn Pressure Washing TRUE City Staff Commercial Verbal warning;#Written warning6/24/2016 555 Harris Ave Spill TRUE Hotline Public Property Referred to

7/5/2016 1300 Bay St Spill FALSE City Staff Commercial Verbal warning;#Other7/11/2016 Whatcom Falls Park, along the border of the cemetery Pet Waste FALSE Complaint Public Property7/17/2016 117 W Magnolia, Bellingham Spill TRUE Online Written warning7/19/2016 Scudder Pond FALSE Online Referred to;#Other7/26/2016

g Park Pet Waste FALSE Complaint Residential

7/27/2016 4006 Guide Meridian FALSE ERTS Commercial Referred to;#Other 666421

8/2/2016 1201 Cornwal Ave #102 Pressure Washing FALSE City Staff Commercial Verbal warning;#Other8/4/2016 Whatcom Creek at Racine Turbidity FALSE City Staff Public Property Other8/5/2016 Barkely Village FALSE Complaint Verbal warning8/8/2016 Costco, Meridian Street FALSE Online Commercial No Issue Found

8/17/2016 1615 32nd St Clogged drain or ditch FALSE Hotline Residential Referred to8/18/2016 315 Halleck St Car Washing FALSE City Staff Commercial Verbal warning8/18/2016 814 Iowa St FALSE Complaint Commercial No Issue Found;#Verbal warning8/19/2016 1531 Valhalla Car Washing TRUE Hotline Residential Verbal warning8/22/2016 1461 Grant St Turbidity FALSE Hotline Residential

to;#Other

8/23/2016 2402 F St Car Washing FALSE Online Residential Written warning8/24/2016 Sunset Square Shopping Center, 1145 E Sunset Dr #135 Pressure Washing FALSE City Staff Commercial Verbal warning8/25/2016 east kellogg FALSE Online Referred to8/25/2016 3258 Spyglass Track Out;#Turbidity;#Other FALSE Hotline Residential Verbal warning8/26/2016 3309 Wipple Ct Spill;#Hazard Exposed to Rain FALSE Hotline Residential Other

8/29/2016 1901 Broadway Pressure Washing FALSE Hotline Commercial No Issue Found;#Verbal warning;#Other

9/1/2016 3929 Spur Ridge Lane #101 Other TRUE Online Commercial Written warning

9/16/2016 1210 Virginia St Spill TRUE City Staff ROW Verbal warning;#Written warning;#ERTS filed

9/19/2016 1222 Yew St Clogged drain or ditch FALSE Hotline ROW Referred to

9/22/2016g

Gorge. Pet Waste FALSE City Staff Public Property9/29/2016 Lake Padden FALSE Hotline Other10/1/2016 Lookout Mountain Trailhead Pet Waste FALSE Complaint Public Property10/3/2016 10th St and Donovan Ave Pet Waste FALSE Complaint Public Property10/4/2016 2825 Roeder Spill FALSE Hotline Commercial No Issue Found

10/14/2016 1125 12th st Exposed Soils FALSE Hotline Commercial Referred to10/15/2016 156 Forest Ln Clogged drain or ditch FALSE Hotline Residential Referred to10/19/2016 1111 32nd AVe S Track Out FALSE Hotline Residential Referred to10/20/2016 1408 Iris Lane Exposed Soils;#Turbidity FALSE Online Residential Violation;#Red tag10/26/2016 2420 Ellis St Track Out FALSE Hotline Residential Verbal warning

Page 50: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

10/27/2016 Bakerview & Pacific Hwy Track Out FALSE Hotline Commercial Referred to10/31/2016 County Turbidity TRUE Hotline Referred to 66873910/31/2016 2901 Woburn Pesticide FALSE City Staff Commercial Referred to

11/1/2016 Squalicum Creek FALSE City Staff Public Property No Issue Found11/2/2016 Cordata & Bakerview Clogged drain or ditch FALSE Hotline Commercial Referred to11/4/2016 610 Lincoln St Other FALSE City Staff Residential Verbal warning11/5/2016 1503 Illinois Clogged drain or ditch FALSE Hotline Residential Referred to11/5/2016 Ontario and Texas streets Clogged drain or ditch FALSE Hotline Referred to11/5/2016 2234 Valencia Clogged drain or ditch FALSE Hotline Referred to11/9/2016 1256 N State St Other FALSE Complaint Commercial No Issue Found

11/29/2016 1100 E Sunset Dr Pressure Washing TRUE City Staff Commercial Other11/30/2016 D St and Holly St Clogged drain or ditch FALSE Hotline Industrial Referred to11/30/2016 1327 N State St Hazard Exposed to Rain TRUE Complaint Commercial Verbal warning

12/1/2016 Happy valley elementary school Exposed Soils FALSE Online Referred to12/1/2016 2706 Alderwood Ave Turbidity FALSE City Staff Residential Verbal warning12/2/2016 804 W Illinois St Other FALSE City Staff Residential Verbal warning12/2/2016 1321 Billy Frank Jr St Other TRUE Hotline Residential Other

12/20/2016 W Orchard Dr - trail Pet Waste FALSE Complaint Public Property

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Page 1 of 8

TO: Jason Porter, P.E., Storm and Surface Water Manager, City of Bellingham

DATE: March 30, 2017

FROM: Colin Poff and Wayne E. Carlson, AICP, LEED AP

PROJECT NO.: 2160024.30

PROJECT NAME: Bellingham – LID Code Revisions

SUBJECT: Project Summary Memorandum

INTRODUCTION This memorandum is submitted in conjunction with the City of Bellingham’s NPDES Annual Report to summarize the City’s compliance with Special Condition S5.C.4.f of the 2013-2018 NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) that requires the integration of low impact development (LID) best management practices (BMPs) into local codes and enforceable standards.1 This memorandum summarizes the intent of the project, staff outreach, the code and standards review process, the codes and standards revision and public outreach process, and the nature of the amendments that were adopted. INTENT OF THE PROJECT At the request of the City of Bellingham, AHBL staff reviewed the Bellingham Municipal Code (BMC) for compliance with Special Condition S5.C.4.f of the 2013-2018 NPDES Western Washington Phase II Municipal Stormwater Permit (Permit).2 The Permit requires that the City evaluate its development codes and standards to identify impediments to making low impact development (LID) the preferred and commonly used approach to stormwater management. In addition, Special Condition S5.C.4.f.i. of the Permit requires that the City demonstrate that its development code and standards “…minimize[s] impervious surfaces, native vegetation loss, and stormwater runoff in all types of development situations.” Because the Permit does not establish specific thresholds or standards that the City must meet for these objectives, City staff hired AHBL, a local consultant, to help them address Special Condition S5.5.4.f. of the Permit. Throughout the update process, AHBL staff relied on their professional judgement and experience in using and reviewing development codes and standards for jurisdictions throughout Western Washington to make their recommendations. STAFF OUTREACH AND CODE AND STANDARDS REVIEW PROCESS Throughout the process, AHBL staff worked with several key City staff from departments such as Public Works, Planning, Parks, and Fire. Kick-Off AHBL staff facilitated an integration process kick-off meeting on June 24, 2016 for the City staff who were directly involved in the code and policy review process. AHBL staff prepared and presented an LID 101 PowerPoint presentation that summarized the LID integration requirements and the degree of effort anticipated from the City staff participants.

1 The text of Special Condition S5.C.4.f of the 2013-2018 NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) is found in Appendix I of this memorandum. 2 The text of Special Condition S5.C.4.f of the 2013-2018 NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) is found in Appendix I of this memorandum.

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Project Memo Page 2 of 8 Bellingham – LID Code Revisions 2160024.30 March 30, 2017

Gap/Opportunity Analysis City staff made available copies the City’s enforceable development codes, policies, and standards listed in Appendix II of this memorandum. AHBL staff then prepared an analysis that examined gaps or opportunities related to how well those codes, policies, and standards met the intent of Special Condition S5.5.4.f. of the Permit. The gap/opportunity analysis identified potential barriers and conflicts in the City’s codes and standards that could inhibit the use of LID practices, where the City’s codes and standards already met the intent of the Permit, and where amendments may be needed to satisfy the Permit. For the most part, AHBL staff found that the City’s codes and standards were quite supportive of the objectives of Special Condition S5.C.4.f of the Permit and that few barriers exist to the use of LID. The City’s supportive codes are listed within the summary table attached to this memorandum. AHBL staff primarily focused on documenting these supportive codes, and working with the City to identify opportunities to further support the Permit such as the following:

Adding or amending LID related definitions to be consistent with Ecology Manual and supportive of the NPDES Permit. Similarly, purpose statements should reflect the intent of the LID code updates.

Develop tree retention language regarding timing of land clearing related to development, protect trees during construction, incentivize the placement of preserved trees into easements or tracts, and establish tree replacement ratios.

Allow LID facilities within passive open spaces and required landscaping areas. Credit toward landscaping and open space requirements can be given to LID facilities such as bioretention.

Continue the use of the “green factor” including credits for permeable pavement and other LID BMPs in order to incentives their use, while making the green factor less stringing in practice.

Allow and encourage the use of shared driveways, shared parking, and parking maximums as means to reduce impervious surfaces.

Require the use of permeable surfaces for sidewalks and courtyards unless infeasible, rather than encourage it, consistent with the adopted Stormwater Manual;

Staff Interviews As part of the next phase of the project, the City identified key staff members to be interviewed to discuss the preliminary findings from the gap/opportunity analysis and identify other gaps or opportunities that are not readily apparent by reviewing the code. AHBL staff worked with City staff to schedule interviews and interviewed key City staff who were directly involved in the code and policy review process. August 4, 2016 (in person)

Jason Porter (Public Works, Storm and Surface Water Manager)

Brent Baldwin (Public Works, Development and Permit Services Manager)

Eli Mackiewicz (Public Works, Engineering Technician)

Renee LaCroix (Public Works, Assistant Director)

Page 53: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

Project Memo Page 3 of 8 Bellingham – LID Code Revisions 2160024.30 March 30, 2017

Gina Austin (Parks, Project Engineer)

Ron Richard (Fire, Life Safety Division Chief) August 10, 2016 (phone call)

Kurt Nabbefeld (Planning Department, Development Services Manager)

Steve Sundin (Planning Department, City Planner)

Kathy Bell (Planning Department, Senior Planner)

AHBL staff discussed the preliminary findings of the gap/opportunity analysis and, through talking with staff about their particular roles, identified other opportunities for meeting the intent of the Permit that were not readily apparent during the initial review of the City’s codes and standards. City staff were very engaged in the process, had considered potential issues related to the project, had thought through options for addressing those issues, and were willing to answer more questions if needed later in the project. In addition to information from the perspective of their own positions, staff shared the following issues and suggestions:

Concerns about ongoing maintenance responsibilities and enforcement for LID facilities for both the City and private property owners.

Soils in Bellingham do not infiltrate well; concerns about extra cost to prove infeasibility when it’s does not seem necessary.

Lack of a tree preservation ordinance; tree retention and replacement already regulated through neighborhood plans; look at new approaches such as timing, placing in easements, and protecting during construction.

Consider fire standards if adjusting turning radius or street widths.

Look to opportunities to include LID requirements in subdivision code.

Bellingham’s “green factor” is used for infill and big box retail, concerns about how green factor will be effected now that LID BMPs are required unless infeasible.

Changing impervious surface maximums may be difficult.

Look for ways to clarify existing LID provisions, rather than making sweeping changes.

CODE AND STANDARDS REVISIONS AND PUBLIC OUTREACH PROCESS Code and Standards Revisions Based on the results of the staff interviews and staff review of the gap/opportunity analysis, AHBL staff finalized the gap/opportunity analysis and started drafting amendments to City plans, regulations, and specifications. AHBL staff looked at how neighboring cities that they have worked with, such as Bellevue and Mukilteo, are addressing Permit requirements. AHBL staff worked to develop draft code amendments that would be appropriate for the City of Bellingham in regards to methods for integrating LID principles into the City’s codes and standards. These drafts utilized underlined and stricken code language for recommended amendments.

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Project Memo Page 4 of 8 Bellingham – LID Code Revisions 2160024.30 March 30, 2017

Although the City’s standard drawings and details do not reflect impediments to the use of LID BMPs as the preferred and commonly used approach to site development, AHBL identified a variety of standard drawings that might be worth amending or preparing during the next update to the City’s engineering design standards. The following were identified:

Tree Planting on Bioretention Cell Edge Adjacent to Sidewalk

Tree Planting on Bioretention Cell Edge Adjacent to Curb

Structural Soil Cells Section

Curb Cut at Walled Facility

Curb Cut for Facility With Graded Side Slopes

Pervious Concrete Sidewalk and Notes

Typical Pavement Restoration for Pervious Concrete

Caned Grate

Solid Cover

Catch Basin Type-1 and Type 1L

Catch Basin Type 2

Manhole type 4

Catch Basin and Manhole Details

Locking Manhole Frame Detail

Locking Manhole Cover Detail

Beveled End Pipe Section

Rock Headwall Detail

Debris Cage

Trash Rack

French Drain

Individual Lot & Roof Drain Plan Details

Field Tapping of Concrete Pipe

Infiltration Trench Detail

Bioretention

Bioretention with Underdrain

Bioretention with Liner & Underdrain

Curb Bulbout with Sloped Sides Bioretention

Bulbout (In-Line) Curb Cut

Presettling Cell with Pipe or Curb Cut

Permeable Pavement Edge Treatments

Stormwater Sediment Forebay with Concrete Trough

Stormwater Energy Dissipater with Piped Inlet

Walled Bioretention Structural Footing

Boulder Check Dam/Weir for Bioretention

Rain Garden & Bioretention Planting Zones

Rain Garden Section

Staff Review and Comment City staff reviewed and provided comments on AHBL’s proposed code amendments. AHBL staff revised the amendments based on initial staff comment and combined the revisions into one document. Public Review and Comment Stakeholder involvement is an important element for the successful preparation of amendments to the City’s codes and standards to facilitate the use of LID principles and BMPs. City staff worked with AHBL to obtain clear, informed public input on general and area-specific issues, concerns, and recommendations identified during the preparation of the code and standards revision process. AHBL staff prepared PowerPoint presentations for use at public meetings/hearings before the Planning and Development Commission and City Council. An open house was also held on January 19, 2017 to involve the general public in the process. AHBL prepared presentation boards for use at the open house. ADOPTION PHASE The adoption phase of the LID code amendments began in September, 2016 and culminated with adoption on March 27, 2017. The following summarizes the study sessions and public hearings before the Planning and Development Commission and City Council related to Ordinance #2017-03-009 (ordinance amending the Bellingham Municipal Code to incorporate low impact development principles and practices):

October 20, 2016: An introduction was held with the Planning and Development Commission to go over the process of integrating Low Impact Development. Proposed amendments were also amended.

Page 55: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

Project Memo Page 5 of 8 Bellingham – LID Code Revisions 2160024.30 March 30, 2017

January 19, 2017: the Planning and Development Commission held a public hearing on the proposed code amendments to incorporate Low Impact Development principles and best management practices. The Planning and Development Commission recommended the proposed amendments for approval.

December 28, 2016: City staff issued a Determination of Non-Significance under the State Environmental Policy Act (SEPA). No appeals were filed.

February 27, 2017: the City Council held a public hearing on the complete amendment package to incorporate Low Impact Development principles and best management practices. The Council authorized staff to prepare ordinance with revisions as denoted in comments to staff and bring forth for a final reading.

March 27, 2017: the City Council held a final reading to discuss minor revisions made by staff. Some revisions were also made by request of the City’s legal department regarding code enforcement language and revised penalties for violations of Bellingham Municipal Code 15.42.

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Project Memo Page 6 of 8 Bellingham – LID Code Revisions 2160024.30 March 30, 2017

ATTACHMENT I – PHASE II PERMIT REQUIREMENTS From the Western Washington Phase II Municipal Stormwater Permit – August 1, 2013, Modified January 16, 2015: S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS, AND COUNTIES […]

C. The SWMP shall include the components listed below. To the extent allowable under state or federal law, all components are mandatory for city, town or county Permittees covered under this permit.

[…]

4. Controlling Runoff from New Development, Redevelopment and Construction Sites […]

f. Low impact development code-related requirements. i. No later than December 31, 2016, 23 Permittees shall review, revise and make effective their

local development-related codes, rules, standards, or other enforceable documents to incorporate and require LID principles and LID BMPs. […]

The intent of the revisions shall be to make LID the preferred and commonly-used approach to site development. The revisions shall be designed to minimize impervious surfaces, native vegetation loss, and stormwater runoff in all types of development situations. Permittees shall conduct a similar review and revision process, and consider the range of issues, outlined in the following document: Integrating LID into Local Codes: A Guidebook for Local Governments (Puget Sound Partnership, 2012).

ii. […], each Permittee shall submit a summary of the results of the review and revision process in (i) above with the annual report due no later than March 31, 2017. […]

This summary shall include, at a minimum, a list of the participants (job title, brief job description, and department represented), the codes, rules, standards, and other enforceable documents reviewed, and the revisions made to those documents which incorporate and require LID principles and LID BMPs. The summary shall include existing requirements for LID principles and LID BMPs in development-related codes. The summary shall be organized as follows: (a) Measures to minimize impervious surfaces; (b) Measures to minimize loss of native vegetation; and (c) Other measures to minimize stormwater runoff.

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Project Memo Page 7 of 8 Bellingham – LID Code Revisions 2160024.30 March 30, 2017

ATTACHMENT II – CITY CODES AND STANDARDS REVIEWED

City of Bellingham Comprehensive Plan

City of Bellingham Public Works Development and Design Standards City of Bellingham Municipal Code

Title 13 – Streets and Sidewalks

o Chapter 13.04 Street Standards

Title 15 – Water and Sewers

o Chapter 15.16 Surface and Stormwater Utility

o Chapter 15.42 Stormwater Management

Title 16 – Environment

o Chapter 16.60 Land Clearing

o Chapter 16.70 Exempt Activity

o Chapter 16.80 Lake Whatcom Reservoir Regulatory Provisions

Title 20 – Land Use

o Chapter 20.08 Definitions

o Chapter 20.12 General Standards

o Chapter 20.25 Design Review

o Chapter 20.28 Infill Housing

o Chapter 20.30 Residential Single Development

o Chapter 20.32 Residential Multi Development

o Chapter 20.34 Commercial Development

o Chapter 20.35 Subarea Plans, Overlay Districts and Development Agreements

o Chapter 20.36 Industrial Development

o Chapter 20.37 Urban Village

o Chapter 20.38 Planned Development

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Project Memo Page 8 of 8 Bellingham – LID Code Revisions 2160024.30 March 30, 2017

o Chapter 20.40 Institutional Development

o Chapter 20.42 Public Development

Page 59: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

1  

Jurisdiction: Bellingham  Document Name: Code 

chapter, rules, standards, and other 

enforceable documents  

Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

Hou

sekeep

ing 

impe

rvious su

rfaces 

loss of n

ative 

vegetatio

stormwater ru

noff 

Title 13 – STREETS AND SIDEWALKS Chapter 13.04 Street Standards 13.04.020 Parkways.

AHBL Amend Existing Code

Amended street standard to encourage vegetated LID facilities, such as bioretention, within right-of-way areas.

[...] D. Design Standard. Concrete curbs and gutters and storm drainage to be provided. Curb cuts to vegetated LID facilities are permitted where feasible. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual; E. Median. Variable, with 20 feet desirable. Use of LID facilities in medians area are permitted where feasible. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual; [...]

13.04.030 Primary (major) arterials.

AHBL Amend Existing Code

Amended street standard to encourage vegetated LID facilities, such as bioretention, within right-of-way areas.

[...] D. Design Standard. Concrete curbs and gutters and storm drainage to be provided. Curb cuts to vegetated LID facilities are permitted where feasible; E. Median. Six-foot median desirable, with curbs on center optional. Medians shall include vegetated LID facilities where feasible. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual; [...]

13.04.040 Secondary arterials.

AHBL Amend Existing Code

Amended street standard to encourage vegetated LID facilities, such as bioretention, within right-of-way areas.

[...] D. Design Standard. Concrete curbs and gutters and storm drainage to be provided. Curb cuts to vegetated LID facilities are permitted where feasible. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual; [...]

13.04.050 Collector arterials.

AHBL Amend Existing Code

Amended street standard to encourage vegetated LID facilities, such as bioretention, within right-of-way areas.

[...] D. Design Standard. Concrete curbs and gutters and storm drainage to be provided. Curb cuts to vegetated LID facilities are permitted where feasible. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual.; [...]

13.04.070 Residential access streets.

AHBL Amend Existing Code

Amended street standard to encourage vegetated LID facilities, such as bioretention,

[...] D. Design Standard. Concrete curbs and gutters and storm drainage to be provided. Curb cuts to vegetated LID

Page 60: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

2  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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within right-of-way areas. facilities are permitted where feasible. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual ; [...]

13.04.080 Commercial and business streets.

AHBL Amend Existing Code

Amended street standard to encourage vegetated LID facilities, such as bioretention, within right-of-way areas.

[...] D. Design Standard. The surface and subsurface of the street shall be constructed to all-weather standards; concrete curbs and gutters and storm drainage to be provided. Curb cuts to vegetated LID facilities are permitted where feasible. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual.; [...]

13.04.090 Industrial streets.

AHBL Amend Existing Code

Amended street standard to encourage vegetated LID facilities, such as bioretention, within right-of-way areas.

[...] D. Design Standard. Concrete curbs and gutters and storm drainage to be provided. Curb cuts to vegetated LID facilities are permitted where feasible. Feasible shall mean the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual.; [...]

13.04.100 General standards.

AHBL Amend Existing Code

Amended general standards to require the use of permeable pavement within right-of-way to the maximum extent practicable, unless infeasible. Also added language clarifying maintenance responsibilities of LID facilities with right-ow-way.

General standards and regulations are as follows: A. Permeable pavement shall be utilized within the street right-of-way where feasible, and should be utilized to the maximum extent practicable for right-of-way components such as sidewalks, bicycle lanes and parking areas. Feasible means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual. [...] E. Maintenance of LID facilities. Whenever any street that has been improved by the construction of an LID facility within the ROW, the duty, burden and expense of repair, renewal and maintenance of such facility shall be either the responsibility of the City, or the responsibility of the directly abutting property owners through a covenant or Homeowners Association. Abutting property owners are only responsible for maintenance if the system is treating runoff from said private site in lieu of on-site stormwater management requirements. All stormwater facilities shall be maintained in accordance with this chapter and the Stormwater Management Manual. Systematic, routine preventive maintenance is preferred. Stormwater facilities are subject to a regular inspection program administered by the public works department.

13.04.110 Variances AHBL No Changes Proposed

None proposed; changes to variance procedure or criteria not needed to meet NPDES requirements.

 

Page 61: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

3  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Title 15 – WATER AND SEWERS Chapter 15.16 Surface and Stormwater Utility 15.16.010 Definitions.

AHBL Amend Existing Code

Added definition of “Hard Surface.” Hard surfaces are impervious surfaces as well as permeable pavement and vegetated roofs. Amended definition of impervious surface for consistency with Ecology Manual. Added Low Impact Development Definition that is the same as it is written in the NPDES permit.

[…] “Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof. “Impervious surface” means a non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or 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. A non-vegetated 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 that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Impervious surfaces that meet the criteria for full dispersion or that are fully infiltrated in compliance with the Ecology Manual shall be excluded in the determination of thresholds for compliance with this chapter. 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, paved 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 stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. […] “Low impact development (LID)” means a stormwater and land use management strategy that emphasizes conservation, use of existing natural site features integrated and distributed, small-scale stormwater management practices that are integrated into a project design to more closely mimic natural hydrologic patterns of infiltration, filtration, storage, evaporation and transpiration. […]

15.16.020 Utility charges imposed.

AHBL Amend Existing Code

Replaced references of “impervious surface” to “hard surface” because hard surfaces include impervious surfaces as well as permeable pavement. Without permeable pavement included in calculations, a development may be encouraged to pave the remainder of their site with permeable pavement. Therefore, changing the

There shall be imposed upon every parcel of property to be developed within the city a surface and stormwater utility charge as set forth in BMC 15.16.030. “Parcel of property to be developed” shall mean any area of land on which is to be constructed a structure or hard surface substantial impervious surface(s) and regardless of the use to which such parcel is to be put (residential, commercial, industrial, public, not-for-profit, or other). [Ord. 10056 § 1, 1990].

Page 62: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

4  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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reference to “hard surface” may help in meeting the three NPDES requirements.

15.16.030 (A) Storm and surface water service rates.

AHBL Amend Existing Code

Replaced impervious surface to “hard” surface to include permeable pavement surfaces in surface water utility rate calculations.

A. The monthly surface and storm water utility service rate shall be as follows:

[…]

3. Large footprint residential parcel:

$0.00282 per square foot of impervious hard surface area per month effective on January 1, 2013; $0.00299 per square foot of impervious hard surface area per month effective on January 1, 2014; $0.00317 per square foot of hard impervious surface area per month effective on January 1, 2015; $0.00336 per square foot of hard impervious surface area per month effective on January 1, 2016; $0.00356 per square foot of hard impervious surface effective on January 1, 2017.

4. Duplex parcel and nonresidential parcel with an impervious surface a hard surface area of greater than 300 square feet and less than or equal to 1,000 square feet:

[…] 5. Duplex parcel and nonresidential parcel with an impervious surface a hard surface area of greater than 1,000 square feet and less than or equal to 3,000 square feet:

[…] 6. Duplex parcel and nonresidential parcel with an hard surface impervious surface area of greater than 3,000 square feet:

$0.00282 per square foot of hard impervious surface area per month effective on January 1, 2013; $0.00299 per square foot of hard impervious surface area per month effective on January 1, 2014; $0.00317 per square foot of hard impervious surface area per month effective on January 1, 2015; $0.00336 per square foot of hard impervious surface area per month effective on January 1, 2016; $0.00356 per square foot of hard impervious surface effective on January 1, 2017.

7. Duplex parcels and nonresidential parcels with a hard surface impervious surface area of less than or equal to 300 square feet are exempt from the storm and surface water service rate. 8. The rate charged by the city of Bellingham to the Washington State Department of Transportation for state highway right-of-way shall be 30 percent of the rate for comparable real property in terms of hard impervious surface coverage, or as otherwise provided by RCW 90.03.525, as now enacted or hereafter amended. 9. The rate charged to the city of Bellingham’s public works street operations, road and street general services fund for city right-of-way shall be 30 percent of the rate for comparable real property in terms of hard impervious surface coverage.

[…]

Page 63: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

5  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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15.16.030 (B) Storm and surface water service rates.

AHBL Amend Existing Code

Removed Low Impact Development Credits now that LID is required, unless infeasible, under the new NPDES permit. Rather than incentivizing LID with this table, LID is now required within various code sections.

B. System Development Charge. There shall be a system development charge on each parcel of property that is developed or redeveloped within the city of Bellingham. These charges shall be:

1. Six hundred seventy-eight dollars for a single-family residence. 2. For other than a single-family house, the fee shall be calculated at the rate of $0.226 per square foot of hard impervious surface. 3. Where development meets all of the following minimum thresholds for designation as a low impact development (“LID”), a credit of 50 percent of the usual stormwater system development charge shall be provided:

Minimum Thresholds for Low Impact Development Credit (Table 15.16.030(A))

Critical Basin Urban Residential Commercial Access Roads

Vegetated Open Space 65 percent 35 percent 10 percent N/A

Maximum Effective Impervious Surface Area

10 percent Per Table 15.16.030(B)

70 percent N/A

Flow Control Yes Yes Yes Yes

Storage Volume 0 percent 20 percent 50 percent 50 percent

Treatment Yes Yes Yes Yes

Soils Yes Yes Yes Yes

Maximum Percent Impervious Surface Area Based on Residential Density (Table 15.16.030(B))

Dwelling Units/Gross Acre

Maximum Percent Impervious Dwelling Units/Gross Acre Maximum Percent Impervious

1.0 10 percent 5.0 32.5 percent

2.0 15 percent 6.0 35 percent

3.0 20 percent 7.0 40 percent

4.0 30 percent 10.0+ 60 percent a. Vegetated open space in Table 15.16.030(A) may include, by way of example, native, undisturbed areas or rehabilitation of previously disturbed areas and may integrate passive recreation facilities. Passive recreation facilities shall mean nonintrusive land uses such as, by way of example, open areas, green belts, aesthetic buffers, and contemplative areas. However, trails for walking, hiking, biking, etc., and active recreation areas shall not count towards vegetated open space total. Active recreation areas shall include intrusive land uses, such as, by way of example, ball fields, athletic sites, playgrounds, pools, skate parks, golf areas, mountain biking, etc. b. Impervious surface area is defined in BMC 15.42.020.

Page 64: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

6  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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c. LID projects for purposes of credit shall meet the minimum peak and duration flow control standards per the Department of Ecology Stormwater Management Manual for Western Washington (DOE Stormwater Management Manual), current edition. d. The percentage of storage volume in Table 15.16.030(A) represents the maximum percentage of the total site stormwater storage volume that can be contained in conventional detention facilities with an average design water depth greater than six inches for the two-year storm event and a draw-down period greater than 24 hours. e. Treatment (Table 15.16.030(A)) best management practices (BMPs) shall be provided to treat 91 percent of the annual runoff volume per the standards found in the DOE Stormwater Management Manual, current edition. f. All site soils disturbed during construction shall be rehabilitated according to the standards in BMC 20.12.030, as currently adopted or hereafter amended. g. Access roads shall incorporate ecology embankment or bioretention facilities along a minimum of 75 percent of the total road length. An access road is defined as an impervious surfaced private roadway utilized to provide vehicular access to a parcel or parcels of property. The definition of “impervious surface” is found in BMC15.42.020. h. All projects shall provide a maintenance plan/program including source control BMPs.

3. This charge shall be imposed upon all parcels to be developed or redeveloped and upon additions, alterations and remodels which add 3,000 square feet or more of impervious hard surface. The charge shall be paid prior to the issuance of building permits or obtaining other city approvals.

[…]

15.16.040 Exemption, credits and adjustments.

AHBL Amend Existing Code

Amended to remove sentence stating that stormwater shall not affect surrounding properties since developers must manage all stormwater on-site using techniques in adopted stormwater manual.

[…]

C. Credits for Qualified Existing Stormwater Facilities with Special Discharge Limits. Properties or portions of properties that have demonstrated compliance with the criteria listed within subsection (B) of this section and that meet one of the additionally listed criteria below, to the city’s satisfaction, shall be eligible for a reduction of 70 percent of the monthly fee (prior to application of any reduction or credit) charged under BMC 15.16.030 as currently enacted or hereafter amended. This credit shall replace any credit that the property may be eligible for under subsection (B) of this section.

2. Discharge of stormwater is to an infiltration facility meeting the requirements of the Department of Ecology for stormwater treatment and ground water protection. The facility shall be capable of fully infiltrating the 100-year developed storm within the subject property. Infiltration of stormwater shall not adversely affect surrounding or down gradient properties. The design, performance and construction shall be certified by a licensed and qualified engineer with the state of Washington.

E. Special Credits for Partially Pervious Gravel or Approved Pervious Surfacing. Those properties that utilize gravel or pervious surfacing materials and systems for parking, driving or storage surfaces will be charged the standard rate for those areas as an impervious surface. The property owner may apply to the city’s department of public works for a special credit for gravel-surfacing or other approved pervious surfacing systems if the total area of such surfacing

Page 65: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

7  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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within the property is greater than 6,000 square feet. The credit shall take one or two forms.

2. The property owner provides a letter of request, mapping of their site, quantification of area and can demonstrate that the gravel or other pervious surfacing areas meet the following pervious performance standards:

a. The gravel surfacing was designed and is maintained as a pervious pavement system was designed and is maintained in accordance with or exceeding the requirements contained in the Ecology Stormwater Management Manual, current edition; or

[…]

Chapter 15.40 Drainage

AHBL No Changes Proposed

None Proposed; contents of chapter administrative or procedure and not related to LID objectives.

 

Chapter 15.42 Stormwater Management

15.42.020 Definitions.

AHBL Amend Existing Code

Amended or added LID-related definitions for consistency with Ecology Manual.

[…]

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural, and/or managerial practices that prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMPs can be used singularly or in combination. those physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and BMPs have been approved by Ecology or the city. BMPs are listed and described in the DOE Ecology Manual, current edition.

A. “Source control BMP” means a BMP that is intended to prevent pollution from entering stormwater. B. “Treatment BMP” means facilities that remove pollutants by simple gravity settling of particulate pollutants, centrifugal separation, filtration, biological uptake, and media or soil adsorption. a BMP that is intended to remove pollution from stormwater. C. “Flow control BMP” means BMPs that control the volume rate, frequency, and flow duration of stormwater surface runoff. means a BMP that is intended to mitigate the impacts of increased surface and stormwater runoff rates generated by development. D. “Low impact development BMP” means a set of BMPs containing treatment and flow control solutions that are contained in the LID Guidance Manual. E. “Experimental BMP” means any treatment or methodology proposed for treatment or management of stormwater that is not in the Ecology DOE Manual (current edition) and is being studied by the city, Whatcom County and/or the Washington State Department of Ecology for adoption as a BMP.

[…] “Critical areas” means those areas, to include those areas defined in Chapter 16.55 BMC, with a critical recharging

Page 66: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

8  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems. […] “DOE Manual” or “Ecology Manual” means the Washington State Department of Ecology “Stormwater Management Manual for Western Washington” as currently adopted or hereafter modified. The LID Guidance Manual shall be considered a portion of this manual. “Effective impervious surface” means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are considered ineffective if: 1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30 - "Full Dispersion" as described in Chapter 5 of Volume V of the Ecology Manual; 2) residential roof runoff is infiltrated in accordance with Downspout Full Infiltration Systems in BMP T5.10A in Volume III of the Stormwater Management Manual; or 3) approved continuous runoff modeling methods indicate that the entire runoff is infiltrated. Impervious surfaces on single-family residences are considered ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30 – “Full Dispersion,” as described in Chapter 5 of Volume V of the Ecology Manual. […] “Exempt gardening” means those gardening and landscape practices that are contained within one or more areas of a property. The total square footage of all areas together shall not exceed five percent of the property or 500 square feet, whichever is the greater. Exempt gardens shall be maintained and located to prevent runoff resultant from direct precipitation, water run-on and irrigation. Exempt garden areas are not exempt from the prohibition on the use of phosphorus-containing products including fertilizers, pesticides or other deleterious materials. Landscape or gardening areas beyond the limit provided herein are considered to be partially pervious surfaces and subject to the limitations and requirements of Chapters 15.42 and 16.80 BMC regarding those areas. Exempt gardens that are not in active use for gardening or landscaping purposes for more than 30 days shall provide for the stabilization of the exempt garden by the use of a Type 1 mulch or other approved method.

"Feasible" means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual.

“Fill” means a deposit of earth material placed by artificial means. “Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:

A. Road and trail construction; B. Harvesting, final and intermediate; C. Pre-commercial thinning; D. Reforestation; E. Fertilization;

Page 67: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

9  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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F. Prevention and suppression of diseases and insects; G. Salvage of trees; or H. Brush control.

"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. “Highway” means a main public road connecting towns and cities. “Hydroperiod” means a seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation. “Illicit discharge” means all non-stormwater discharges to natural or manmade stormwater drainage systemsthat 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. All non-stormwater discharges not listed below are considered to be an illicit discharge.

A. The following are allowed discharges:

1. Diverted stream flows. 2. Rising ground waters. 3. Uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(20)). 4. Uncontaminated pumped ground water. 5. Fountain drains. 6. Air conditioning condensate. 7. Irrigation water from agricultural sources that is commingled with urban stormwater. 8. Springs. 9. Water from crawl space pumps. 10. Footing drains. 11. Flows from riparian habitats and wetlands. 12. Non-stormwater discharges covered by and compliant with another NPDES permit. 13. Discharges from emergency firefighting fire fighting activities in accordance with permit condition S2 of the Western Washington Phase II Municipal Stormwater Permit Authorized Discharges.

Page 68: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

10  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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B. The following are conditionally allowed discharges:

1. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges will be to sanitary sewer. If sanitary sewer is not an option, the water shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4 stormwater drainage system.

2. Discharges from lawn watering and other irrigation runoff. Excess runoff from these activities is discouraged and is subject to nuisance abatement.

32. Dechlorinated swimming pool discharges. Any swimming pool, spa, or hot tub discharge that may be allowed must be dechlorinated to a concentration of 0.1 ppm or less, thermally controlled, pH-adjusted and reoxygenized. Discharge volume and velocity will be controlled to prevent scour or resuspension of sediments in city stormwater conveyances. Swimming pool, spa or hot tub cleaning wastewater and filter backwash is not an allowed discharge.

43. Street and sidewalk wash water, water used to control dust, and routine external building wash down are allowed if the water does not contain detergents and/or particulates will not cause an exceedance of state water quality standards. For city operations, to the extent practicable, the amount of street wash and dust control water used shall be minimized. At active construction sites, BMC 15.42.060(F)(2)(e)(ii)(D) requires that street sweeping must be performed prior to the washing of any street.

54. Stormwater discharges associated with construction, including dewatering practices, are regulated and enforced per this chapter.

“Impervious surface” means a non-vegetated hard surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard non-vegetated 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, packed gravel surfaces, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Impervious surfaces that meet the criteria for full dispersion or that are fully infiltrated in compliance with the Ecology Manual shall be excluded in the determination of thresholds for compliance with this chapter. […] “LID Guidance Manual” means the January 2005current edition of the Low Impact Development Technical Guidance Manual for Puget Sound, prepared by the Puget Sound Action Team Partnership and the Washington State University Pierce County Extension as now or hereafter amended. […]

Page 69: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

11  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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“Pollution-generating hard surface (PGHS)” means those hard surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as defined in the Ecology Manual); or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall. Erodible or 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 soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. Metal roofs are also considered to be PGHS unless they are coated with an inert, non-leachable material (e.g., baked-on enamel coating). 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 vehicular surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways. The following are not considered regularly used vehicular surfaces: paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, fenced fire lanes, and infrequently used maintenance access roads. […] Predeveloped Condition. For areas that drain directly or indirectly to a river or stream, “predeveloped conditions” shall mean the native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The predeveloped condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement. For areas that only drain directly or indirectly to marine or estuarine waters, the predeveloped conditions shall be the site conditions as of September 1, 1995. “Project site” means that portion of a property, properties, or right-of-way subject to land-disturbing activities, new impervious hard surfaces, or replaced impervious hard surfaces. The total projected area of new, replaced or new plus replaced impervious hard surfaces for subdivisions shall constitute a project site. Project site shall also include any and all areas of the project property or properties that have been previously developed on or after September 1, 1995, if said development did not provide permanent stormwater facilities for water quality and quantity mitigation. […] “Replaced impervious surface” means for structures, the removal and replacement of any exterior impervious surfaces or down to the foundation. Roof replacement, not including substantial replacement of structural members, is considered to be maintenance. For other impervious surfaces, the removal down to bare soil or base course and replacement. The pulverization and replacement of like pavement is considered a replaced impervious surface. The partial grinding of surfaces for overlay is considered to be a maintenance activity.

15.42.020 Definitions.

AHBL Amend Existing Code

Replaced map of Lake Whatcom Watershed with updated map that shows area which drains to Whatcom Creek.

Map 15.42.020    

Page 70: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Page 71: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Page 72: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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15.42.040 Regulated activities.

AHBL Amend Existing Code

Amended to include “land disturbing activity” as an activity regulated under this section.

A. Regulated Activities. Consistent with the minimum requirements contained in this chapter, the following activities, unless exempted in subsection (A)(2) of this section, shall not be undertaken without first obtaining approval of the city:

[…] 2. Redevelopment. On an already developed site, the creation or addition of impervious surfaces, structural development including construction, and installation or expansion of a building or other structure, land disturbing activities, and where any other city permit is required.

[…]

15.42.050 General requirements.

AHBL Amend Existing Code

Removed Low Impact Development BMPs from section as all required BMPs are detailed within adopted Ecology Manual.

[…]

B. Stormwater Best Management Practices (BMPs).

1. [no change] 2. Low Impact Development (LID). Stormwater BMPs to implement LID Guidance Manual, including prerequisite conditions, design specifications, maintenance requirements, and stormwater modeling criteria, are hereby approved for use subject to the city’s stormwater review process, Ecology acceptance and the compliance with special standards for Basin One of the Lake Whatcom watershed. 23. Experimental BMPs. In those instances where appropriate BMPs are not in Ecology’s Manual or the LID Guidance Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in Ecology’s Manual.

C. Illicit Discharges.

1. Illicit discharges to stormwater drainage systems are prohibited.

2. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the stormwater drainage system and/or surface and ground waters any materials other than stormwater. Such discharges are at a minimum declared a nuisance and are subject to abatement. Discharges that cause or contribute to a violation of state water quality standards are subject to the compliance, enforcement and penalties of this chapter and other applicable city, county, state and federal regulations.

[…]

15.42.060(A) Approval standards. – New Development Requirements

AHBL Amend Existing Code

Amended thresholds for triggering Stormwater Minimum Requirements for consistency with Ecology Manual. References to “impervious

A. New Development Requirements. All new development shall provide protection for the quality of the waters of the state of Washington by the application of best management practices and/or source controls. All new development that requires either a building permit which results in 300 square feet or more of hard surface area or has a land disturbance area greater than 500 square feet shall at a minimum comply with Minimum

Page 73: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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surface” were replaced with “hard surface” to include permeable pavement in threshold calculation. Added specifying that run-off control and phosphorous-limiting BMPs would apply to certain gardening and landscaping activities. The thresholds in the Lake Whatcom Watershed are more stringent.

Requirement No. 2 within subsection (F) of this section, all other applicable federal, state, and local ordinances, codes and regulations for stormwater management, and shall obtain a stormwater permit from the city of Bellingham prior to commencement of activity. In addition, new development that exceeds certain other thresholds, as further identified herein, shall be required to comply with additional minimum requirements as follows.

1. The following new development shall comply with Minimum Requirements No. 1 through No. 5 within subsection (F) of this section:

a. New single-family homes or duplexes; or b. Developments that create or add 2,000 square feet, or greater, of new, replaced, or new plus replaced impervious hard surface area; or c. Land-disturbing activity of 5,000 square feet or greater; or d. A subdivision, or the lots created from a subdivision, that contains two or fewer lots and is not likely to exceed the land disturbance and/or impervious hard surface thresholds from future property development; or e. Developments within the Lake Whatcom watershed that create or add 120 square feet or greater, of new, replaced or new plus replaced impervious hard surface area; or f. Land-disturbing activity within the Lake Whatcom watershed of 500 square feet or greater; or g. Other development that is determined by the public works director to contain a significant risk for the degradation of stormwater.

2. The following new development shall comply with Minimum Requirements No. 1 through No. 10 9 within subsection (F) of this section:

a. Creation or addition of 5,000 square feet, or more, of new, replaced or new plus replaced impervious hard surface area; or b. Convert three-fourths acres, or more, of native vegetation to lawn or landscaped areas; or c. Convert two and one-half acres, or more, of native vegetation to pasture; or d. One acre or more of land-disturbing activity; or e. A subdivision containing two or more lots that is likely to exceed the land disturbance and/or impervious hard surface thresholds from future property development; or f. Through a combination of impervious surface and land altering activities, the development will result in a 0.1 cfs increase in flow from the predeveloped condition for the 100-year storm event as identified with a qualified continuous flow duration model; or gf. Other development that is determined by the public works director to contain a significant risk for the

Page 74: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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degradation of stormwater.

3. Lake Whatcom New Development. In addition to the requirements for new development under subsections (A)(1) and (2) of this section, all new development that drains to Basin One of Lake Whatcom, as shown in BMC 15.42.020, that is subject to the Lake Whatcom Regulatory Chapter (LWRC) 16.80 and that creates or replaces more than 300 square feet of impervious hard or partially pervious surface shall provide for stormwater management as follows:

a. An engineered stormwater site plan shall be provided, for review and approval, which determines site-specific controls to limit stormwater runoff and phosphorus transport from the total site to levels associated with a predeveloped forested condition. The plan shall at a minimum provide soils reports, ground water studies, hydrologic analyses, appropriate BMCs BMPs and BMP maintenance plans to demonstrate the ability to meet this code. Additionally all stormwater site plans shall maintain or create a minimum of 30 percent “natural forested condition” upon the site per Chapter 16.80 BMC; Any BMP or combination of BMPs will be considered that would lead to successful management of flow and phosphorus transport. Developed flow shall meet the forested flow duration standards of this code and the DOE Ecology Manual. Phosphorus transport through surface flow or interflow shall be limited to an average discharge of no more than 0.15 pounds/acre/year; or. Possible BMPs include but are not limited to:

i. Full infiltration of up to the 100-year storm (with analysis of soil suitability); ii. Full infiltration of up to the two-year storm (with analysis of soil suitability) and overflow connection to an adequately sized piped conveyance system that drains directly to Lake Whatcom. Any open channel elements must be found capable of conveying the 100-year storm without erosion potential; iii. On-site water storage with reuse within a building (subject to state water law); iv. Forest retention or creation (with long-term maintenance and retention agreements); v. Filtration of up to the 10-year storm (allowance dependent on long-term phosphorus removal ability); vi. Forest retention or creation (that portion of any site that meets the “natural forested conditions” contained within Chapter 16.80 BMC shall be considered to have met the predeveloped forested condition of this code and the DOE Manual); vii. Soil remediation (with analysis of soil suitability and infiltration capability); or

b. If the site has retained or created 75 percent or more of forested/native vegetation on a site per Chapter 16.80 BMC and the site will not exceed 2,000 square feet of impervious hard surfaces or up to 20 percent of the total site, whichever is the lesser, and the site will also not exceed 1,000 square feet of partially pervious surfaces as defined within Chapter 16.80 BMC or up to 10 percent of the total site, whichever is the lesser. And the total of impervious hard surfaces and partially pervious surfaces will not together exceed 25 percent of the total site area nor exceed 2,500 square feet;

Page 75: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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If these conditions can be met, stormwater mitigation for the site shall require compliance to the maximum extent practicable with on-site water management BMPs as provided for in the manual; or

4.c. If the site redevelopment creates or replaces more than 120 square feet and less than 300 square feet of impervious surface hard or partially pervious surfaces and the addition of said surfaces does not cause the property to be in noncompliance with the limits on such surfaces through Chapter 16.80 BMC, the site shall provide mitigation for stormwater and phosphorus transport at the rate of 10 square feet of mitigation for every one square foot of creation or replacement of these surfaces;.

Impervious Hard surfaces developed under this method shall at a minimum be mitigated to the standard provided for by an on-site stormwater management plan as provided in the Ecology Mmanual;. Mitigation of partially pervious surfaces shall at a minimum be by way of lawn removal; or other method approved by the City.

5. d. Construction of phosphorus limiting or flow limiting facilities projects only on a property may be permitted outright with a no fee stormwater permit upon review of the facilities for compliance with Lake Whatcom management standards. 6. Gardening and landscape practices that are contained within one or more areas of a property and the total square footage of all areas together do not exceed five percent of the property or 500 square feet, whichever is the greater are considered exempt gardens. Exempt gardens shall be maintained and located to prevent runoff resultant from direct precipitation, water run-on and irrigation. Exempt garden areas are not exempt from the prohibition on the use of phosphorus-containing products including fertilizers, pesticides or other deleterious materials. Landscape or gardening areas beyond the limit provided herein, and which do not meet definition of phosphorous or flow-limiting BMPs as defined in this chapter, are considered to be partially pervious surfaces and subject to the limitations and requirements of Chapters 15.42 and 16.80 BMC regarding those areas. Exempt gardens that are not in active use for gardening or landscaping purposes for more than 30 days shall provide for the stabilization of the exempt garden by the use of a Type 1 mulch or other approved method.

Page 76: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

18  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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15.42.060(B) Approval standards. – Redevelopment Requirements

AHBL Amend Existing Code

Amended thresholds for triggering Stormwater Minimum Requirements for consistency with Ecology Manual. References to “impervious surface” were replaced with “hard surface” to include permeable pavement in threshold calculation. Added specifying that run-off control and phosphorous-limiting BMPs would apply to certain gardening and landscaping activities. The thresholds in the Lake Whatcom Watershed are more stringent.

B. Redevelopment Requirements. All redevelopment shall provide protection for the quality of the waters of the state of Washington by the application of best management practices and/or source controls. All redevelopment that requires either a building permit which results in 300 square feet or more of hard surface area or has a land disturbance area greater than 500 square feet shall at a minimum comply with Minimum Requirement No. 2 within subsection (F) of this section, all other applicable federal, state, and local ordinances, codes and regulations for stormwater management and shall obtain a stormwater permit from the city of Bellingham prior to commencement of activity. In addition, all redevelopment that exceeds certain thresholds, as further identified herein, shall be required to comply with additional minimum requirements as follows:

1. The following redevelopment shall comply with Minimum Requirements No. 1 through No. 5 within subsection (F) of this section for the new and replaced impervious surfaces and the land disturbed:

a. The new, replaced, or total of new plus replaced impervious hard surfaces is 2,000 square feet or more, or 5,000 square feet or more of land-disturbing activities; or b. A subdivision, or the lots created from a subdivision, that contain two or fewer lots and is not likely to exceed the land disturbance and/or impervious hard surface thresholds from future property development; or c. Any redevelopment within the Lake Whatcom watershed that creates or adds 120 square feet or greater of new, replaced or new plus replaced impervious hard surface area; or d. Any land-disturbing activity within the Lake Whatcom watershed of 500 square feet or greater; or e. Other development that is determined by the public works director to contain a significant risk for the degradation of stormwater.

2. The following redevelopment shall comply with Minimum Requirements No. 1 through No. 10 9 within subsection (F) of this section for the new impervious surfaces and converted pervious areas:

a. Creation or addition of 5,000 square feet, or more, of new, replaced or new plus replaced impervious hard surface area; or b. Converts three-fourths acres, or more, of native vegetation to lawn or landscaped areas; or c. Converts two and one-half acres, or more, of native vegetation to pasture; or d. One acre or more of land-disturbing activity; or e. A subdivision containing two or more lots that is likely to exceed the land disturbance and/or impervious hard surface thresholds from future property development; or f. Through a combination of new impervious surface and land altering activities, the development results in a 0.1 cfs increase in flow from the predeveloped condition for the 100-year storm event as identified with a qualified continuous flow duration model.

Page 77: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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f. Other development that is determined by the public works director to contain a significant risk for the degradation of stormwater.

3. Lake Whatcom Redevelopment. In addition to the requirements for redevelopment under subsections (A)(1) and (2) of this section, all redevelopment that drains to Basin One of Lake Whatcom, as shown in BMC 15.42.020, and that is subject to the Lake Whatcom regulatory chapter (LWRC), Chapter 16.80 BMC, and that creates or replaces more than 300 square feet of impervious hard or partially pervious surface, shall provide for stormwater management as follows:

a. An engineered stormwater site plan shall be provided, for review and approval, which determines site-specific controls to limit stormwater runoff and phosphorus transport from the total site to levels associated with a predeveloped forested condition. The plan shall at a minimum provide soils reports, ground water studies, hydrologic analyses, appropriate BMPs and BMP maintenance plans to demonstrate the ability to meet this code. Additionally all stormwater site plans shall maintain or create a minimum of 30 percent “natural forested condition” upon the site per Chapter 16.80 BMC; Any BMP or combination of BMPs will be considered that would lead to successful management of flow and phosphorus transport. Developed flow shall meet the forested flow duration standards of this code and the DOE Ecology Manual. Phosphorus transport through surface flow or interflow shall be limited to an average discharge of not more than 0.15 pounds/acre/year. Possible BMPs include but are not limited to:

i. Full infiltration of up to the 100-year storm (with analysis of soil suitability); ii. Full infiltration of up to the two-year storm (with analysis of soil suitability) and overflow connection to an adequately sized piped conveyance system that drains directly to Lake Whatcom. Any open channel elements must be found capable of conveying the 100-year storm without erosion potential; iii. On-site water storage with reuse within a building (subject to state water law); iv. Forest retention or creation (with long-term maintenance and retention agreements); v. Filtration of up to the 10-year storm (allowance dependent on long-term phosphorus removal ability); vi. Forest retention or creation (that portion of any site that meets the “natural forested conditions” contained within Chapter 16.80 BMC shall be considered to have met the predeveloped forested condition of this code and the DOE Manual); vii. Soil remediation (with soils analysis); or

b. If the total site has retained or will create 75 percent or more of forested/native vegetation on the site per Chapter 16.80 BMC, and will contain less than 2,000 square feet of impervious hard surfaces, and will not exceed 20 percent impervious hard surfaces on the site, and will contain less than 1,000 square feet of partially pervious surfaces, and will not exceed 10 percent partially pervious surfaces, and the total of impervious hard surfaces and partial pervious surfaces will not exceed 25 percent of the total site area nor will it exceed 2,500 square feet of those combined surfaces; and

Page 78: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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If the impervious hard surfaces developed under this method are mitigated to the standard provided for by an on-site water management plan as provided for in this chapter; Then, the total site development shall be considered to comply fully with stormwater standards; or

4.c. If the site redevelopment creates or replaces more than 120 square feet and less than 300 square feet of impervious surface hard or partially pervious surfaces and the addition of said surfaces does not cause the property to be in noncompliance with the limits on such surfaces through Chapter 16.80 BMC, the site shall provide mitigation for stormwater and phosphorus transport at the rate of 10 square feet of mitigation for every one square foot of creation or replacement of these surfaces; Impervious Hard surfaces developed under this method shall at a minimum be mitigated to the standard provided for by an on-site stormwater management plan as provided in the manual Ecology Manual;. Mitigation of partially pervious surfaces shall at a minimum be by way of lawn removal; or other method approved by the City. 5.d. Construction of phosphorus limiting or flow limiting projects facilities only on a property may be permitted outright with a no fee stormwater permit upon review of the facilities for compliance with Lake Whatcom management standards. 6. Gardening and landscape practices that are contained within one or more areas of a property and the total square footage of all areas together do not exceed five percent of the property or 500 square feet, whichever is the greater are considered exempt gardens. Exempt gardens shall be maintained and located to prevent runoff resultant from direct precipitation, water run-on and irrigation. Exempt garden areas are not exempt from the prohibition on the use of phosphorus-containing products including fertilizers, pesticides or other deleterious materials. Landscape or gardening areas beyond the limit provided herein, and which do not meet definition of phosphorous or flow-limiting BMPs as defined in this chapter, are considered to be partially pervious surfaces and subject to the limitations and requirements of Chapters 15.42 and 16.80 BMC regarding those areas. Exempt gardens that are not in active use for gardening or landscaping purposes for more than 30 days shall provide for the stabilization of the exempt garden by the use of a Type 1 mulch or other approved method.

Page 79: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

21  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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15.42.060(E) Approval standards. – Additional Requirements and Allowances for New and Redevelopment

AHBL Amend Existing Code

Amended section to specify thresholds for certain projects that drain in the Lake Whatcom Watershed and are not specified in the Ecology Manual.

E. Additional Requirements and Allowances for New and Redevelopment.

1. For road-related projects, except for projects that drain to Basin One of Lake Whatcom, runoff from the new, replaced and/or new plus replaced impervious surfaces and converted pervious surfaces (including pavement, shoulders, curbs, and sidewalks) shall meet all of the minimum requirements listed in subsection (F) of this section, subject to the modification to Minimum Requirement No. 7 below. The project limits shall be defined by the length of the project and the width of the right-of-way. 2. For the replaced surfaces for road-related projects, Minimum Requirement No. 7 is modified as follows:

1. For road-related projects, except for projects that drain to Basin One of Lake Whatcom, runoff from the replaced and new hard surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetation areas shall meet all the Minimum Requirements if the new hard surfaces total 5,000 square feet or more and total 50% or more of the existing hard surfaces within the project limits. The project limits shall be defined by the length of the project and the width of the right-of-way. […] 3. Other types of projects, except for projects that drain to Basin One of Lake Whatcom, shall comply with all of the minimum requirements detailed in subsection (F) of this section for the new and replaced impervious surfaces if the total of new plus replaced impervious surfaces is 5,000 square feet or more, and/or the valuation of proposed improvements – including interior improvements – exceeds 50 percent of the assessed value of the existing site improvements. 3. Other types of redevelopment projects except for projects that drain to Basin One of Lake Whatcom, shall comply with Minimum Requirements #1 through #9 for the new and replaced hard surfaces and the converted vegetation areas if the total of new plus replaced hard surfaces is 5,000 square feet or more, and/or the valuation of proposed improvements – including interior improvements – exceeds 50% of the assessed value of the existing site improvements. 4. With the exception that, for thoseThose projects that meet the definition of redevelopment, only 50 percent of replaced surfaces shall be required to comply with the forested standard of Minimum Requirement No. 7 in subsection (F) of this section. The remaining 50 percent of the replaced surfaces may either be considered in the forested condition or if desirous, may be considered in the condition existing as of September 1, 1995, as may be determined using aerial photography or other means acceptable to the city. […]

15.42.060(F)(1) Approval standards. – Additional Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 1

AHBL Amend Existing Code

Amended minimum requirement to replicate exact, or nearly exact, language of Ecology Manual.

1. Minimum Requirement No. 1 – Preparation of Stormwater Site Plans (“SSP”). All projects meeting the thresholds in subsection (A)(1) or (2) of this section shall prepare a stormwater site plan (“SSP”) for the city’s review. SSPs shall be prepared in accordance with the current editions of the Ecology Manual, the city of Bellingham “Development Guidelines and Improvement Standards” and this BMC. This SSP may be incorporated with building, grading or clearing plan sets as applicable. Those projects that are subject to Minimum Requirements No. 1 through No. 10 9 shall include an engineering report that addresses all elements and minimum requirements of the project’s stormwater management along with an analysis that supports the SSP and the construction stormwater pollution prevention plan (“construction SWPPP”). Project facilities that are required by state law to be designed by a professional engineer must also be certified by the engineer of

Page 80: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

22  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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record that facilities have been constructed to design specifications. This shall be accomplished by providing a certified as-built of the facility(ies). If the project included construction of conveyance systems, treatment facilities, flow control facilities, structural source control BMPs, bioretention facilities, permeable pavement, vegetated roofs, a rainwater harvest system, and/or newly planted or retained trees for which a flow reduction credit was taken, the applicant shall submit a corrected plan (“record drawings”) to the local government agency with jurisdiction when the project is completed. These should be engineering drawings that accurately represent the stormwater infrastructure of the project as constructed. These corrected drawings must be professionally drafted revisions that are stamped, signed, and dated by a licensed civil engineer registered in the state of Washington.

Page 81: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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15.42.060(F)(2) Approval standards. – Additional Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 2

AHBL Amend Existing Code

Amended minimum requirement to replicate exact, or nearly exact, language of Ecology Manual.

2. Minimum Requirement No. 2 – Construction Stormwater Pollution Prevention Plan (“Construction SWPPP”).

a. All new development and redevelopment shall comply with construction SWPPP Elements No. 1 through No. 132 as described in this section below. b. Projects outside the Lake Whatcom watershed in which the new, replaced, or new plus replaced impervious hard surfaces total 2,000 square feet or more, or disturb 5,000 square feet or more of land must prepare a construction SWPPP as part of the stormwater site plan (see subsection (F)(1) of this section). Each of the 12 13 elements must be considered and included in a construction SWPPP unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the narrative of the SWPPP. The SWPPP shall include, at a minimum, the narrative, the stormwater site plan and copies of best management practice detail sheets that will be utilized as a part of the SWPPP. c. Projects outside the Lake Whatcom watershed that add or replace less than 2,000 square feet of impervious hard surface and disturb less than 5,000 square feet of land are not required to prepare a construction SWPPP. They must, however, consider all of the 12 13 elements of construction stormwater pollution prevention detailed below and propose controls for all elements that pertain to the project site within the stormwater site plan. d. Those projects, that are within the Lake Whatcom watershed, that create or add 200 square feet or greater, of new, replaced or new plus replaced impervious hard surface area or that disturb more than 500 square feet of land shall provide a construction SWPP plan and a stormwater site plan as described above. e. Elements of Construction Stormwater Pollution Prevention.

i. Element 1 – Preserve Vegetation/Mark Clearing Limits. Prior to beginning land-disturbing activities, including clearing and grading, all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area should be clearly marked, both in the field and on the plans, to prevent damage and off-site impacts. Plastic, metal, or stake wire fence may be used to mark the clearing limits. Retain the duff layer, native top soil, and natural vegetation in an undisturbed state to the maximum degree practicable. ii. Element 2 – Establish Construction Access.

[…] (F) Control street wash wastewater by pumping back on-site, or otherwise prevent it from discharging into systems tributary to waters of the State.

iii. Element 3 – Control Flow Rates.

(A) Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the project site. Properties subject to Minimum Requirement No. 5 and/or No. 7 shall implement controls as early in the development as is practicable to mitigate for flow rates.

Page 82: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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(B) Downstream analysis is necessary if changes in flows could impair or alter conveyance systems, stream banks, bed sediment or aquatic habitat. See the Ecology Manual for off-site analysis guidance. (A) Protect properties and waterways downstream of development sites from erosion and the associated discharge of turbid waters due to increases in the velocity and peak volumetric flow rate of stormwater runoff from the project site. (B) Properties subject to Minimum Requirement No. 5 and/or No. 7 shall implement controls as early in the development as is practicable to mitigate for flow rates. […]

iv. Element 4 – Install Sediment Controls.

(A) The duff layer, native topsoil, and natural vegetation shall be retained in an undisturbed state to the maximum extent practicable. (B) Prior to leaving a construction site, or prior to discharge to an infiltration facility, stormwater runoff from disturbed areas shall pass through a sediment pond or other appropriate sediment removal BMP. Runoff from fully stabilized areas may be discharged without a sediment removal BMP, but must meet the flow control performance standard of subsection (F)(2)(e)(iii)(A) of this section (Element 3). Full stabilization means concrete or asphalt paving; quarry spalls used as ditch lining; or the use of rolled erosion products, a bonded fiber matrix product, or vegetative cover in a manner that will fully prevent soil erosion. Sediment ponds, vegetated buffer strips, sediment barriers or filters, dikes, and other BMPs intended to trap sediment on site shall be constructed as one of the first steps in grading. These BMPs shall be functional before other land-disturbing activities take place. (C) Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in Element 5 below. (A) Design, install, and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. (B) Construct sediment control BMPs (sediment ponds, traps, filters, etc.) as one of the first steps in grading. These BMPs shall be functional before other land disturbing activities take place. (C) Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. (D) Direct stormwater runoff from disturbed areas through a sediment pond or other appropriate sediment removal BMP, before the runoff leaves a construction site or before discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment

Page 83: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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removal BMP, but must meet the flow control performance standard in 3.a, above. (E) Locate BMPs intended to trap sediment on-site in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off-channel areas or drainages. (F) Where feasible, design outlet structures that withdraw impounded stormwater from the surface to avoid discharging sediment that is still suspended lower in the water column.

v. Element 5 – Stabilize Soils.

(A) All exposed and unworked soils shall be stabilized by application of effective BMPs that protect the soil from the erosive forces of raindrop impact and flowing water, and wind erosion. Applicable BMPs include, but are not limited to: temporary and permanent seeding, sodding, mulching, plastic covering, erosion control fabrics and matting, soil application of polyacrylamide (PAM), the early application of gravel base early on areas to be paved, and dust control. (B) Control stormwater volume and velocity within the site to minimize soil erosion. (C) Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. […] (E) Stabilize soils at the end of the shift before a holiday or weekend if needed based on the weather forecast.

(F) Minimize the amount of soil exposed during construction activity. (G) Minimize the disturbance of steep slopes. (H) Minimize soil compaction and, unless infeasible, preserve topsoil. […] (EK) Soil stockpiles must be stabilized and protected with sediment trapping measures,. and where possible, locate away from storm drain inlets, waterways and drainage channels. […]

vi. Element 6 – Protect Slopes.

(A) Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. Applicable practices include, but are not limited to, reducing continuous length of slope with terracing and diversions, reducing slope steepness, and roughening slope surfaces (for example, track walking).

Page 84: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

26  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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[…] (E) Contain down slope collected flows in pipes, slope drains, or protected channels to prevent erosion. Temporary pipe slope drains must handle the peak volumetric flow rate calculated using a 10-minute time step from a Type 1A, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year 1- hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis must use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the Western Washington Hydrology Model to predict flows, bare soil areas should be modeled as “landscaped area.” (F) Provide drainage to remove ground water intersecting the slope surface of exposed soil areas. (G) Excavated material shall be placed on the uphill side of trenches, consistent with safety and space considerations. (H) Check dams shall be placed at regular intervals within trenches that are cut down a slope. (I) Stabilize soils on slopes, as specified in Element No. 5.

[…]

viii. Element 8 – Stabilize Channels and Outlets. (A) All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected peak flows. expected velocity of flow from a two-year, 24-hour frequency storm for the developed condition. Channels must handle the peak volumetric flow rate calculated using a 10-minute time step from a Type 1A, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year, 1-hour flow rate indicated by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis shall use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the Western Washington Hydrology Model to predict flows, bare soil areas should be modeled as “landscaped area.” (B) Stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

ix. Element 9 – Control Pollutants.

(A) Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants.

Page 85: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

27  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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[…] (H) Adjust the pH of stormwater if necessary to prevent violations of water quality standards. (I) Assure that washout of concrete trucks is performed off-site or in designated concrete washout areas only. Do not wash out concrete trucks onto the ground, or into storm drains, open ditches, streets, or streams. Do not dump excess concrete on-site, except in designated concrete washout areas. Concrete spillage or concrete discharge to surface waters of the State is prohibited. (J) Obtain written approval from Ecology before using chemical treatment other than CO2 or dry ice to adjust pH.

x. Element 10 – Control Dewatering.

(A) All foundation, vault, and trench dewatering water, which has have similar characteristics to stormwater runoff at the site, shall be discharged into a controlled conveyance system, prior to discharge to a sediment trap or sediment pond. Channels must be stabilized, as specified in Element No. 8. […] (D) Other disposal options, depending on site constraints, may include, by way of example: (1) infiltration, (2) transport off site in vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not pollute state waters, (3) on-site treatment using Ecology approved chemical treatment or other suitable treatment technologies,. (4) sanitary or combined sewer discharge with local sewer district approval, or there is no other option, (5) use of a sedimentation bag that discharges to a ditch or swale for small volumes of localized dewatering. […]

xiii. Element 13 – Protect Low Impact Development BMPs

(A) Protect all bioretention and Rain Garden BMPs from sedimentation through installation and maintenance of erosion and sediment control BMPs on portions of the site that drain into the bioretention and/or Rain Garden BMPs. Restore the BMPs to their fully functioning condition if they accumulate sediment during construction. Restoring the BMP must include removal of sediment and any sediment-laden bioretention/rain garden soils, and replacing the removed soils with soils meeting the design specification. (B) Prevent compacting bioretention and rain garden BMPs by excluding construction equipment and foot traffic. Protect completed lawn and landscaped areas from compaction due to construction equipment. (C) Control erosion and avoid introducing sediment from surrounding land uses onto permeable

Page 86: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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pavements. Do not allow muddy construction equipment on the base material or pavement. Do not allow sediment-laden runoff onto permeable pavements or base materials. (D) Pavement fouled with sediments or no longer passing an initial infiltration test must be cleaned using procedures in accordance with the Ecology manual or the manufacturer’s procedures. (E) Keep all heavy equipment off existing soils under LID facilities that have been excavated to final grade to retain the infiltration rate of the soils.

Page 87: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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15.42.060(F)(4) Approval standards. – Additional Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 4

AHBL Amend Existing Code

Amended minimum requirement to replicate exact, or nearly exact, language of Ecology Manual.

4. Minimum Requirement No. 4 – Preservation of Natural Drainage Systems and Outfalls. Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural location, to the maximum extent practicable. The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters and down gradient properties. All outfalls require energy dissipation. Additional information on how to comply with this requirement may be found in the Ecology Manual.

15.42.060(F)(5) Approval standards. – Additional Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 5

AHBL Amend Existing Code

Amended minimum requirement to replicate exact, or nearly exact, language of Ecology Manual.

5. Minimum Requirement No. 5 – On-Site Stormwater Management. Projects shall employ on-site stormwater management BMPs to infiltrate, disperse, and retain stormwater runoff on site to the maximum extent feasible without causing flooding or erosion impacts. On-site stormwater management BMPs shall be designed and provided in accordance with the Ecology Manual.

a. Applicability. Except as provided below, on-site Stormwater Management BMPs are required to be constructed in accordance with the following project thresholds, standards, and lists to infiltrate, disperse, and retain stormwater runoff on-site to the extent feasible without causing flooding or erosion impacts. Projects qualifying as flow control exempt in accordance with Minimum Requirement #7 do not have to achieve the LID performance standard, nor consider bioretention, rain gardens, permeable pavement, and full dispersion if using List #1 or List #2 of the Ecology Manual. However, those projects must implement BMP T5.13; BMPs T5.10A, B, or C; and BMP T5.11or T5.12 of the Ecology Manual, if feasible. b. Thresholds.

i. Projects triggering only Minimum Requirements #1 through #5 shall either:

(A) Use On-site Stormwater Management BMPs from List #1 of the Ecology Manual for all surfaces within each type of surface in List #1; or (B) Demonstrate compliance with the LID Performance Standard. Projects selecting this option cannot use Rain Gardens. They may choose to use bioretention BMPs as described in the SWMMWWEcology Manual.

ii. Thresholds. Projects triggering Minimum Requirements #1 through #9 shall meet the requirements stated in Table 2.5.1 of the Ecology Manual.

c. Low Impact Development Performance Standard. Stormwater discharges shall match developed discharge durations to pre-developed durations for the range of pre-developed discharge rates from 8% of the 2-year peak flow to 50% of the 2-year peak flow. Refer to the Standard Flow Control Requirement section in Minimum Requirement #7 for information about the assignment of the pre-developed condition. Project sites that must also meet minimum requirement #7 shall match flow durations between 8% of the 2-year flow through the full 50-year flow.

15.42.060(F)(6) Approval standards. – Additional

AHBL Amend Existing Code

Amended minimum requirement to replicate exact, or nearly exact, language of Ecology

6. Minimum Requirement No. 6 – Runoff Treatment.

a. Applicability. All projects subject to this minimum requirement shall utilize on-site stormwater BMPs for

Page 88: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

30  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 6

Manual. the treatment of runoff. Additionally, when the following design thresholds are met or exceeded within a threshold discharge area, an engineered water quality facility shall be provided. All runoff treatment facilities and BMPs shall be designed, sized and provided for in accordance with the Ecology Manual. b. Thresholds. When assessing the applicability of Minimum Requirement No. 6, only consider those hard and pervious surfaces listed below. b. Water Quality Design Thresholds.

i. Projects in which the total of new and/or replaced effective, pollution-generating impervious surface (PGIS) is 5,000 square feet or more in a threshold discharge area of the project; or ii. Projects in which the total of new and/or replaced pollution-generating pervious surfaces (PGPS) is three-fourths of an acre or more in a threshold discharge area, and from which there is a surface discharge in a natural or manmade conveyance system from the site. i. The following require construction of stormwater treatment facilities:

(A) Projects in which the total of new, replaced or new plus replaced effective pollution-generating hard surface (PGHS) is 5,000 square feet or more in a threshold discharge area of the project, or (B) Projects in which the total of new, replaced or new plus replaced effective pollution-generating pervious surfaces (PGPS) – not including permeable pavements - is three-quarters (3/4) of an acre or more in a threshold discharge area, and from which there will be a surface discharge in a natural or man-made conveyance system from the site.

ii. Additional thresholds for oil control, phosphorus treatment, enhanced treatment, and basic treatment are stated in the Ecology Manual.

c. Additional Requirements. Direct discharge of untreated stormwater from pollution-generating impervious hard surfaces to ground water is prohibited, except for the discharge achieved by infiltration or dispersion of runoff from residential sites through use of on-site stormwater management BMPs in accordance with Chapter 5, Volume V and Chapter 7, Volume V of the SWMMWWEcology Manual; or by infiltration through soils meeting the soil suitability criteria in Chapter 3 of Volume III of the SWMMWW Ecology Manual. Projects within Basin One of the Lake Whatcom watershed shall meet these standards for water quality in addition to those contained in other portions of this code.

15.42.060(F)(7) Approval standards. – Additional Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 7

AHBL Amend Existing Code

Amended minimum requirement to replicate exact, or nearly exact, language of Ecology Manual.

7. Minimum Requirement No. 7 – Flow Control.

a. Applicability. Projects must provide flow control to reduce the impacts of stormwater runoff from impervious hard surfaces and land cover conversions. All projects subject to this minimum requirement shall utilize on-site stormwater BMPs for flow control. Additionally, when the following design thresholds are met or exceeded, an engineered water quantity facility shall be provided. All water quantity facilities and flow control BMPs shall be designed and provided for in accordance with the Ecology Manual. The thresholds and requirements below apply to projects that discharge stormwater directly or indirectly into fresh water. Those projects that meet flow control exemption criteria of the Ecology Manual are eligible to

Page 89: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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apply for modification to these requirements. Exception: The exemption of flow standards for Lake Whatcom shall only be allowed with the written approval of the public works department. The basis of that approval shall be a finding that no appreciable risk of water quality degradation will result from the exemption. b. Water Quantity Design Thresholds. When assessing the applicability of Minimum Requirement No. 7, consider the following The following require construction of engineered flow control facilities and/or land use management BMPs to satisfy this chapter and the Ecology Manual:

[…] iii. Projects that, through a combination of new, replaced or new plus replaced effective impervious surfaces and converted pervious surfaces, cause a 0.1 cubic feet per second increase in the 100-year flow frequency from a threshold discharge area as estimated using the Western Washington Hydrology Model or other approved model using one-hour time steps (or a 0.15 cfs increase using 15-minute time steps); or iv. That portion of any development project in which the above thresholds are not exceeded in a threshold discharge area shall apply on-site stormwater management BMPs in accordance with Minimum Requirement No. 5; iv. Projects within Basin One of the Lake Whatcom watershed.

c. Standard Flow Control Methodology. Stormwater discharges shall match developed discharge durations to predeveloped durations for the range of predeveloped discharge rates from 50 percent of the two-year peak flow up to the full 50-year peak flow. The predeveloped condition to be matched shall be a forested land cover unless. This standard requirement is waived for sites that will reliably infiltrate all the runoff from impervious surfaces and converted pervious surfaces. reasonable, historic information is provided that indicates the site was prairie prior to settlement (modeled as “pasture” in the Western Washington Hydrology Model); or,

This standard requirement is waived for sites that will reliably infiltrate all the runoff from hard surfaces and converted vegetation areas. d. Alternate Flow Control Methodology. A modified SCS/SBUH methodology may be used as an alternate to Department of Ecology Western Washington Hydrology Model if adjustments shown below are utilized and the project area is less than one acre in size. At such time as the city of Bellingham has a calibrated HSPF model available for use, this alternate flow control allowance will be reevaluated by the public works director for suspension of the allowance.

i. Adjusted Target Peak Flow Standard. Limit the peak rate of runoff from individual development sites to 50 percent of the predeveloped condition two-year, 24-hour design storm. Limit the peak rate from the 10-year, 24-hour design storm to the predeveloped condition peak rate from the two-year, 24-hour design storm. Limit the peak rate from the 100-year, 24-hour design storm to the predeveloped condition peak rate from the 10-year, 24-hour design storm. ii. Restricted Variable Assumptions.

Page 90: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

32  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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(A) The flow path length assumed for sheet flow runoff in the predeveloped condition calculations shall be 300 feet. (B) The Manning’s effective roughness coefficient for predeveloped forested conditions shall be 0.80. (C) The curve numbers for the predeveloped conditions shall be selected from the Ecology Manual and shall be fair or good forest. The post-developed condition shall also be taken from the Ecology Manual.

d. Flow Control BMPs shall be selected, designed, and maintained according to Volume III of the Ecology Manual.

15.42.060(F)(8) Approval standards. – Additional Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 8

AHBL Amend Existing Code

Amended minimum requirement to replicate exact, or nearly exact, language of Ecology Manual.

8. Minimum Requirement No. 8 – Wetlands Protection.

[…] c. Standard Requirement. Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses. A wetland can be considered for hydrologic modification and/or stormwater treatment in accordance with guidance documents from the Department of Ecology. Projects shall comply with Guide Sheets #1 through #3 in Appendix I-D of the SWMMWWEcology Manual. The hydrologic analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless directed otherwise by a regulatory agency with jurisdiction. d. Additional Requirements.

[…]

iii. An adopted and implemented basin plan (Minimum Requirement No. 9), or a total maximum daily load (TMDL, also known as a water clean-up plan) may be used to develop requirements for wetlands that are tailored to a specific basin.

15.42.060(F)(9) Approval standards. – Additional Requirements and Allowances for New and Redevelopment – Minimum Requirement No. 9

AHBL Amend Existing Code

Removed minimum requirement as it is no longer stated in Ecology Manual.

9. Minimum Requirement No. 9 – Basin/Watershed Planning. Projects may be subject to lesser, equivalent or more stringent minimum requirements for erosion control, source control, treatment, and operation and maintenance, and alternative requirements for flow control and wetlands hydrologic control as identified in basin/watershed plans. Basin/watershed plans shall evaluate and include, as necessary, retrofitting urban stormwater BMPs into existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction and flow control goals that are consistent with requirements of the federal Clean Water Act. Standards developed from basin plans shall not modify any of the above minimum requirements until the basin plan is formally adopted and implemented by the city and other local governments within the basin, and approved or concurred with by the Department of Ecology.

15.42.070 Maintenance, inspection and

AHBL Amend Existing Code

Added language relating to penalties for failure to schedule inspection of stormwater

[…] C. Inspection Program.

Page 91: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

33  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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enforcement.

controls. […] 2. Development Inspection. All new development and redevelopment shall provide for and install adequate runoff controls per an approved SSP or SWPPP. Failure to provide such required runoff controls prior to or simultaneously with the commencement of land disturbance activities and failure to schedule an inspection for the runoff controls shall result in an order to stop all work upon the site for a minimum of three working days; provided, that such work that is necessary to bring the site into compliance with this code, permits, or an approved SSP or SWPPP shall be allowed to continue.

D. Enforcement. 1. Orders. The director shall have the authority to issue to an owner or person an order to install, maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the DOE Ecology Manual (current edition), and/or city regulations. The order shall include: […] 2. Civil Penalty. In addition to any other remedy or sanction available, a person who fails to comply with a final order issued by the director or city council pursuant to this chapter, or who fails to conform to the terms of an approval issued, shall be subject to a civil penalty and/or a stop work order. […]

15.42.100 Infractions – Penalty.

AHBL Amend Existing Code

Added language related to penalties for violations of Chapter 15.42

A violation of any provision of this chapter, other than as set forth in BMC 15.42.110, shall be considered an infraction, punishable by a stop work order and/or a fine not to exceed of up to $500.00 250.00. Each day of continued violation or repeated violation shall constitute a separate violation. This penalty shall be in addition to any other remedy or sanction provided in this chapter or by other law or in equity. The court may order, in addition to any fine imposed, that a person found to have committed an infraction shall make restitution to any person damaged by the violation. [Ord. 10633, 1995].

15.42.110 Misdemeanors - Penalty.

AHBL Amend Existing Code

Added language to state that violations “may” be a misdemeanor, to allow for some flexibility in enforcement of Chapter.

Any violation of this chapter which results in damage to public or private property, other than the property of the violator, in an amount greater than $250.00, or which results in any physical injury to a person, shall be a misdemeanor. For purposes of this section, “damage” shall include cost to restore as well as loss of value.

Each second or subsequent violation of this chapter by any person within a period of three years shall may be a misdemeanor.

Any violation of this chapter committed intentionally by any person may be a misdemeanor.

Each misdemeanor shall be punishable by a fine not to exceed $1,000. This penalty shall be in addition to any other remedy or sanction provided in this chapter or by other law or in equity.

The court may order, in addition to any fine imposed, that a person found to have committed a misdemeanor shall make restitution to any person damaged by the violation. [Ord. 2013-02-006 § 6; Ord. 10633, 1995].

Page 92: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

34  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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TITLE 16 - ENVIRONMENT Chapter 16.55 Critical Areas 16.55.250 Mitigation Sequencing

AHBL No Changes Proposed

None proposed; language sufficient to satisfy NPDES permit requirements.

16.55.330 Stormwater management implication to wetlands and wetland buffers

AHBL No Changes Proposed

None proposed; stormwater facilities allowed within wetland buffers in certain cases; provided that wetland hydrology and functions are retained. Native vegetation enhancement in wetland buffers may be approved.

16.55.340 Wetland Buffers 

AHBL No Changes Proposed

None proposed; language sufficient to satisfy NPDES permit requirements.

Chapter 16.60 Land Clearing 16.60.030 Purpose

AHBL No Changes Proposed

None proposed; purposes of Chapter align with intent of NPDES permit.

16.60.040 Definitions.

AHBL Amend Existing Code

Added definitions for “critical root zone” and “significant tree” to support tree retention and tree protection requirements in Chapter.

[…] “Critical root zone” means the area occupied by the root system of a tree and considered a zone of high sensitivity to disturbance such that damage from excavation, soil compaction or other means will likely lead to declining health and/or stability of the tree. The critical root zone is measured as seven times the root flare diameter. […] "Significant tree" means a tree of any species that is 6-inches in diameter or greater measured at breast height […]

Page 93: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

35  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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16.60.070 Exempt Activity

AHBL No Changes Proposed

None proposed; clearing of less than 500 square feet is exempt if it is not within critical area buffer or Lake Whatcom watershed.

   

16.60.080 Requirements and procedures.

AHBL Amend Existing Code

Added submittal requirement of a tree retention plan in conjunction with development activity. Tree retention is regulated through this plan as well as forestry plans within Bellingham’s Neighborhood Plans.

A. The following requirements shall apply to all nonexempt lands subject to the provisions of this chapter: […] 6. Clearing for the construction of buildings shall be kept to the minimum necessary, as determined by the PCDD and the Public Works Department to provide adequate access to the building footprint, until final landscaping can be installed and the ground surface stabilized to prevent erosion. […]

B. Prior to undertaking any nonexempt clearing activity regulated by this chapter, a person who proposes such activity shall submit to the PCDD and the Public Works Department a site plan and other information as required by the PCDD. The PCDD and the Public Works Department shall review the material submitted and determine that:

1. The appropriate building, street or utility permits have been issued or that an acceptable management plan has been prepared, a copy of which shall be provided to the PCDD and the Public Works Department. […]

4. A tree retention plan is provided that identifies the species and size of all significant trees on site. Said plan shall identify all trees that will be removed and preserved, and include the method by which the critical root zone of retained trees will be protected during construction, such as fencing. Significant trees that must be removed shall be replaced at a ratio to be determined by the PCDD. If the proposal conforms to the requirements of this chapter, the PCDD and the Public Works Department shall provide written authorization to the property owner to proceed. No regulated nonexempt clearing activity shall be performed prior to issuance of this authorization. […]

Chapter 16.70 Exempt Activity 16.70.030 Purpose.

AHBL Amend Existing Code

Added purpose statement that supports NPDES objective.

[…] E. Minimize soil disturbance and native vegetation loss caused by development activity.

Page 94: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

36  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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16.70.040 Definitions. AHBL Amend Existing Code

Added definition of “land-disturbing activity” as it is used within Chapter.

[…] “Land-disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land-disturbing activity. Vegetation maintenance practices or gardening are not generally considered land-disturbing activity with the noted exception of the placement of phosphorus containing materials within the Lake Whatcom watershed. […]

16.70.050 Relationship to other permits.

AHBL Amend Existing Code

Amended section to only allow grading activity in association with another development permit, in order to avoid speculative grading and clearing of a site.

Grading permit applications shall be reviewed under the auspices of this chapter as well as Chapter 16.60 BMC, Land Clearing, the stormwater management ordinance, wetland and stream chapter, critical areas ordinance, shoreline master program and other applicable regulatory provisions as may be required by law. Non-exempt grading is permitted only when an associated development permit is issued. PCDD staff will review applications and coordinate with other departments for code compliance. For example, applications inclusive of retaining walls will be reviewed by the building services department to determine the need for a separate building permit. non-exempt grading activities will also be reviewed by the Public Works Department for consistency with BMC 15.42, Stormwater Management.

16.70.070 Performance Standards.

AHBL Amend Existing Code

Added requirement for submittal of a sequencing schedule to mitigate impacts that construction may have in wet months, when soils are most vulnerable.

[…] G. A sequencing schedule shall be provided for any construction project to address timing of land-disturbing activities during periods when soils are most exposed to erosion from wind, rain, runoff, and vehicle tracking. If land-disturbing activity is proposed between October 1st and May 31st, the applicant shall provide a Wet Weather Erosion Control Plan implementing the BMPs in the Ecology Manual, to be reviewed and approved by the PCDD and Public Works Directors.

16.70.080 Exempt activity.

AHBL Amend Existing Code

Amended to reference Chapter 15.42, which regulates Stormwater Management.

A grading action is exempt from the provisions of BMC 16.70.090 if it satisfies one of the criteria listed in subsections (A) through (H) of this section. Exempt grading actions must still comply with the performance standards listed above and all other applicable laws such as, but not limited to, BMC 15.42 Stormwater Management. […] B. Grading covered within a planned contract, preliminary plat, shoreline substantial development permit, wetland and stream critical areas permit or public services contract if specifically addressed within the document or permit. […]

Chapter 16.80 Lake Whatcom Reservoir Regulatory Provisions 16.80.050 Definitions.

AHBL Amend Existing Code

Amended definitions of “Best Management Practices” to be consistent with Ecology Manual. Amended definition of “Native Vegetation” to specify where list of acceptable native plantings

[…] “Best management practice (BMP)” means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural, and/or managerial practices that prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMPs can be used singularly or in combination.BMPs have been approved by Ecology. BMPs are listed and described in the DOE Manual, current edition.those physical, structural,

Page 95: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

37  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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can be found. and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by the State Department of Ecology (DOE) or the city. BMPs are listed and described in the DOE Manual, current edition. […] “Ecology Manual” means the Washington State Department of Ecology “Stormwater Management Manual for Western Washington” as currently adopted or hereafter modified. The LID Guidance Manual shall be considered a portion of this manual.means the Department of Ecology 2005 Stormwater Management Manual for Western Washington, or as modified by the Department of Ecology. […] “Native vegetation” means plant species that originated in the lowlands ecoregion of Whatcom and Skagit Counties, and were not introduced, either intentionally or unintentionally, by humans. Plants native to the county are listed by the Washington Native Plant Society. […]

16.80.080 Development standards for residential single development

AHBL No Changes Proposed

None proposed; development standards in Watershed are purposefully more stringent than other areas and include LID provisions.

 

16.80.090 Impervious and partially pervious surface limits.

AHBL No Changes Proposed

None proposed; impervious surface limits in Watershed are purposefully more stringent than other areas of code.

 

16.80.100 Restriction on subdivisions.

AHBL No Changes Proposed

None proposed; section requires newly created lots to be large enough to support existing impervious surface areas within the lot, so that impervious surface maximums are not exceeded.

   

16.80.120 Seasonal restrictions on land-disturbing activities

AHBL No Changes Proposed

None proposed; seasonal restriction on land-disturbance is an LID practice.

   

TITLE 18 - SUBDIVISIONS Chapter 18.32 Cluster Subdivisions 18.32.040 Minimum cluster performance criteria.

AHBL Amend Existing Code

Amended section to encourage shared parking areas as a way of reducing impervious surface,

[…] F. Parking.

Page 96: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

38  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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and to require permeable surfacing of parking areas unless infeasible. Subdivisions Title will be further amended under a new ordinance which is drafted concurrent with LID amendments.

1. Tandem parking and required parking in the front yard setback (driveway) shall be allowed outright in cluster subdivisions. 2. Shared driveways are encouraged. 3. Parking areas shall utilize permeable surfacing if feasible. Feasible shall mean the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual. 24. Additional public parking areas, as determined by the technical review committee, may be required within subdivisions having lots smaller than 6,000 square feet.

[…]

Chapter 18.36 Lots and Blocks 18.36.020 Lot Design

AHBL No Changes Proposed

None proposed; lot sizes are appropriate and not a barrier to LID design.

28.36.030 Block Sizes  

AHBL No Changes Proposed

None proposed; block sizes are appropriate and not a barrier to LID design.

Chapter 18.40 Street  AHBL No Changes Proposed

None proposed; cul-de-sac, radius and alley requirements are appropriate and not a barrier to LID design.

TITLE 20 – LAND USE Chapter 20.08 Definitions 20.08.020 Specific Definitions

AHBL Added or Amended definitions for consistency with Ecology Manual, or to support LID related amendments in Title 20.

[…] Clearing. When used in the context of a “special condition,” this term shall refer to the city’s land clearing and grubbing ordinance. “Ecology Manual” means the Washington State Department of Ecology “Stormwater Management Manual for Western Washington” as currently adopted or hereafter modified. The LID Guidance Manual shall be considered a portion of this manual. "Feasible" means the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual. “Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof. “Landscape-based LID BMPs” means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration.

Page 97: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

39  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Landscape-Based LID BMPs are a subset of LID BMPs and include, but are not limited to, bioretention, rain gardens, and vegetated roofs. Design Specifications for each BMP are listed in the Ecology Manual. When placed adjacent to streets, they shall not conflict with street tree requirements, unless stated otherwise in this Title. "Open space" means land which is free of buildings or impervious surfacing. A. “Common open space” means open space usually shared in ownership amongst property owners within the same subdivision or home association, and usually located in a central, easily accessible area. B. “Passive open space” means all common open space not meeting the definition of usable space, including, but not limited to, critical areas and their associated buffers, vegetated roofs, and landscape-based LID BMPs. BC. “Private open space” means open space usually owned or controlled by an individual property owner and usually located within the individual’s lot lines. “Useable space” means an area meeting minimum requirements of this title, which is used by the resident(s) of the site for leisure or recreational purposes. Usable space may be either “common” or “private” usable space but cannot be located on a grade in excess of 10 percent. Usable space is intended to provide either active exercises or entertainment or a restful atmosphere for its users. Such space if at ground level shall as a minimum consist of: A. Walkways, patios, courtyards, decks, or a turfed area; or B. Benches, cots, hammocks, or similar devices, the number of which shall reflect the number of intended users; or C. Space equipped to provide recreational opportunities; and D. “Landscaping” as defined herein, at the boundaries and interior spaces as appropriate.; and E. LID Facilities, meaning Low Impact Development (LID) facilities designed in accordance with the Ecology Manual for the on-site management and treatment of stormwater, including, but not limited to, bioretention areas, rain gardens, permeable pavement, rainwater harvesters, and vegetated roofs. […]

Page 98: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

40  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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20.08.020 Specific Definitions

AHBL Amend Existing Code

Amended parking dimensional standards to allow for a reduction of parking stall length when stall overhands landscape area. Amendment can reduce impervious surface necessary to meet parking requirements.

**When adjacent to landscaping, parking stall length may be reduced up to 2’, provided that stall is designed for car to overhang landscaping area. BMC 20.08.020 – Figure 11

**

Page 99: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

41  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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**When adjacent to landscaping, parking stall length may be reduced up to 2’, provided that stall is designed for car to overhang landscaping area. BMC 20.08.020 – Figure 12

**

Page 100: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

42  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Note: When adjacent to landscaping, parking stall length may be reduced up to 2’, provided that stall is designed for car to overhang landscaping area.

Chapter 20.12 General Standards 20.12.010 (A) (5) Parking

AHBL Amend Existing Code

Added section allowing director to reduce minimum parking requirements, provided that certain criteria are met. Flexibility in parking minimums can reduce impervious surfaces in some situations. Section consolidates parking reduction language from various sections

5. The director shall have the authority to reduce the number of required off-street parking spaces for subsections (A)(2)(a), (b) and (c) of this section, up to a maximum of 25%, when:

a. A parking generation study is prepared by the applicant or an independent consultant; and b. Whatcom Transportation Authority GoLine route is provided within .25 miles of the site. The amount of reduction shall be based on the number of transit runs during peak hours each business day; and c. The applicant demonstrates enhanced bicycle and pedestrian facilities; or

Page 101: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

43  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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into one general standard. d. The applicant pays into a City adopted fee-in-lieu of parking program.

Page 102: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

44  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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20.12.010 (A) (6) Parking

AHBL Amend Existing Code

Added section allowing for shared parking facilities, provided that certain criteria are met. Shared parking facilities can reduce impervious surfaces in some situations. Section consolidates shared parking provisions from various sections into one general standard.

6. Shared Parking.

a. The amount of off-street parking required by this chapter may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided the following requirements are met:

i. Parking for each use is utilized at different times of the day; ii. The shared parking facility is within 1,000 feet of the use(s) deficient in parking as measured by a pedestrian walkway between the shared parking facility and generator; iii. The total number of parking spaces is not less than the minimum required spaces for any single use; iv. The applicant submits a parking generation study demonstrating to the Director's satisfaction that the resultant parking will be adequate for the anticipated uses; and v. A shared parking agreement specifying respective rights and/or operating times is signed by all participants and the director and filed in the county auditor’s office.

b. Parking lots associated with approved conditional uses in urban village residential transition areas may be used as shared parking during off peak hours of the primary permitted use on site provided the requirements in subsection (a) of this section are met.

20.12.010 (C) Parking AHBL Amend Existing Code

Removed shared parking language from section as it is stated in more detail in previous section 20.12.010 (A) (6).

C. General Provisions. […] 2. All required parking shall be located off street and on the subject property in areas which meet the minimum requirements of this section. Parking on the public right-of-way shall not be considered as off-street parking unless approved pursuant to subsection (A)(2)(3) and (4) of this section. JointShared parking may be allowed pursuant to regulations found in subsection (C)(3)(A)(6) of this section. 3. When a parking facility is within 500 feet of a use deficient in parking and said parking facility is utilized at different times of the day or has parking space available in excess of what is required when the director may allow joint parking facilities, provided:

a. A pedestrian walkway is available between the parking facility and generator; and b. A joint parking agreement specifying respective rights and/or operating times is signed by all participants and the director and filed in the county auditor’s office.

[…]

20.12.010 (D) Parking AHBL Amend Existing Code

Amended section to apply parking setback to side-flanking property lines as well as front

D. Design Provisions.

[…]

Page 103: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

45  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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property lines. 4. a. For single-family dwelling units, open parking spaces may be located within required interior side yard and rear yards.

b. For all other uses, no portion of any open parking facility except an ingress/egress lane shall be located within five feet of any property line except when an alley is used for direct maneuvering. In industrial designations the five-foot setback requirement shall apply only when open parking areas are adjacent the front and side-flanking property lines.

[…]

20.12.010 (E) Parking AHBL Amend Existing Code

Amended improvement standards that apply to all parking areas to require permeable pavement unless infeasible.

E. Improvement Standards.

[…] 2. Permeable paving shall be used unless infeasible, per infeasibility criteria found in BMP T5.15 of the Ecology Manual. Projects that include less than 2,000 square feet of new or replaced impervious surface are exempt from this requirement. 3. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. […] 68. Drainage systems for parking facilities shall be designed and approved in accordance with Ordinance No. 8827, as amended. […]

20.12.030 (A) Landscaping

AHBL Amend Existing Code

Amended to clarify that this section provides only minimum general requirements.

A. Applicability. This section is intended to provide the minimum landscaping requirements for all uses. Additional requirements and provisions may be required for certain uses and within urban village areas.

20.12.030 (C) Landscaping

AHBL Amend Existing Code

Amended to allow the use of LID facilities in required open space and recreation areas. Allowing this dual use of space can encourage the use of LID BMPs. Amended to require minimum square footage of landscaping within parking lots. Minimum was based on a survey of other cities that required 5-10% minimum landscaping. Amended to allow length of parking stall to be reduced by two feet when

C. Requirements. […]

2. Yards and Open Spaces. […] d. Landscape-based LID facilities are permitted within landscaped open space and passive recreation areas.

3. Garbage Receptacle Areas. Garbage receptacle areas for multifamily dwelling units shall be screened on at least two sides.

Page 104: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

46  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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overhanging a landscaped area, in order to potential reduce impervious surface.

4. Parking. […]

d. Parking facility interior landscaping for all uses permitted in the commercial general use type.

i. Surface parking lots with 15 or more parking spaces shall provide internal landscaping at the rate of 20 square feet of landscaped area per parking stall. ii. The landscaping must be dispersed throughout the parking area. iii. Landscaping around the facility perimeter may not substitute for interior landscaping. However, interior landscaping may join perimeter landscaping as long as it extends at least four feet into the parking area from the perimeter landscape line.

e. When adjacent to landscaping, a portion of a standard parking space may be landscaped instead of paved, as follows:

i. The landscaped area may be up to two feet (2') of the front of the space as measured from a line parallel to the direction of the bumper of a vehicle using the space, as shown in Figure 20.12.030(A). Any vehicle overhang must be free from interference from sidewalks, landscaping, or other required elements. ii. Landscaping within the parking overhang area must be ground cover plants. iii. The landscaped area counts toward parking lot landscaping requirements and toward any overall open space requirements. iv. Where landscape-based LID BMP is utilized, the impervious area shall be sized as prescribed by the BMP. Where landscaping is required by BMC 20.12.010(D)(4)(b) or (D)(5), a minimum seven foot (7') width of landscaping shall be provided, including parking overhang area, regardless of whether landscape-based LID BMP is utilized.

Figure 20.12.030(A)

Page 105: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

47  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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f. Unless infeasible, landscape-based LID BMPs shall be used within parking lot landscaping to meet drainage requirements. This requirement does not apply to parking provided within structures.

[…]

20.12.030 (D) Landscaping

AHBL Amend Existing Code

Amended green factor to refer to “hard surfaces” which includes impervious surface as well as permeable pavement. Although LID is required unless infeasible, the Green Factor elements were unchanged to further encourage use of LID facilities.

E. Green Factor Measurement. The following standards apply to certain areas and uses that require landscaping to meet a minimum Green Factor score.

[…] 7. For projects that include more than 2,000 sf of new or replaced impervious surface, Ppermeable paving is required for hard surface groundcover areas unless infeasible, per infeasibility criteria found in BMP T5.15 of the Ecology Manual. Permeable pavement may not qualify for more than one-third of the green factor numerator for any one site.

Table 20.12.030 – Green Factor Landscape Elements 1. Landscaped Areas (select one of the following for each area): a. Landscaped areas with a soil depth of less than 24" 0.1 b. Landscaped areas with a soil depth of 24" or greater 0.8 c. Bioretention facilities 1.0

2. Plantings (credit for plants in landscaped areas above): a. Mulch, ground covers, or other plants less than two feet tall at maturity 0.2

Page 106: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

48  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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[…]

3. Green Roofs: a. Over at least 2" and less than 4" of growth medium 0.4 b. Over at least 4" of growth medium 0.7

4. Vegetated Walls 0.7

5. Approved Water Features 0.7

6. Pervious Permeable Paving: a. Pervious Permeable paving over at least 6" and less than 24" of soil or gravel 0.3 b. Pervious Permeable paving over at least 24" of soil or gravel 0.5

7. Structural Soil Systems 0.4

8. Bonuses: a. Drought-tolerant or native plant species 0.1 b. Landscaped areas where at least 50 percent of annual irrigation needs are met

through the use of harvested rainwater 0.2

c. Landscaping in food cultivation 0.3

Chapter 20.25 Design Review 20.25.060 Large retail facility design.

AHBL Amend Existing Code

Amended to allow the use of LID facilities in required open space and recreation areas. Allowing this dual use of space can encourage the use of LID BMPs.

B. Specific Standards […]

3. Landscaping.

a. A planting bed with a minimum width of 10 feet shall be located between parking lots and the street right-of-way. Landscape-based LID BMPs shall be permitted within these areas. The director may require this width be increased to address specific site and street characteristics. […] d. Surface parking lots shall provide internal landscaping at the rate of a minimum of 10 square feet of landscaped area per parking stall. This is a minimum requirement and may be increased to meet other criteria contained in this title. The landscaping shall include at least one shrub for every 20 square feet of landscaped area and one shrub per enclosed bed. One tree shall be required for every 10 open parking spaces. Vegetation ground cover shall be provided for all landscaped areas that will provide 90 percent coverage within two years. Bioretention and bio-filtration facilities shall count toward parking lot landscaping requirements provided that the plant density in this section is met. Landscaping designs shall include evergreen materials. […]

Page 107: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

49  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Chapter 20.28 Infill Housing 20.28.050 General standards.

AHBL Amend Existing Code

Added requirement to use permeable pavement as a construction material unless infeasible.

[…] F. Private Lanes and Alleys.

[…] 2. Private lanes and alleys must be surfaced with a hard material such as concrete or asphalt, pervious paving or grasscrete. The use of permeable pavement shall be used for hard surface groundcover areas unless infeasible per the infeasibility criteria listed within BMP T5.15 of the Ecology Manual. Projects that include less than 2,000 sf of new or replaced impervious surface are exempt from this requirement. Gravel or loose material is prohibited. […]

20.28.060 Smaller house.

AHBL Amend Existing Code

Amended to allow the use of LID facilities in required landscaped areas. Allowing this dual use of space can encourage the use of LID BMPs.

[…] D. Open Space.

1. A minimum of 60 percent of the site area shall be in landscaping and pervious permeable materials (may include pervious permeable paving, landscape-based LID BMPs, and green roofs). Exceptions may be made in erosion hazard zones or areas with shallow bedrock as determined by the planning director.

E. Parking.

1. Dwelling units less than 1,000 square feet shall provide one on-site parking stall. Units of 1,000 square feet or larger shall provide two on-site parking stalls. The planning director may reduce parking requirements based on applicant’s demonstration of site-specific factors that justify a lower standard. Parking stalls shall be at least nine feet by 18 feet, unless adjacent to landscaping, as specified in Figure 13.

[…]

20.28.070 Small house.

AHBL Amend Existing Code

Amended to allow the use of LID facilities in required landscaped areas. Allowing this dual use of space can encourage the use of LID BMPs.

[…] D. Open Space.

1. A minimum of 60 percent of the site area shall be in landscaping and pervious permeable materials (may include pervious permeable paving, landscape-based LID BMPs, and green roofs). Exceptions may be made in erosion hazard zones or areas with shallow bedrock as determined by the planning director.

E. Parking.

1. Dwelling units less than 1,000 square feet shall provide one on-site parking stall. Units of 1,000 square feet or larger shall provide two on-site parking stalls. The planning director may reduce parking requirements based on applicant’s demonstration of site-specific factors that justify a lower standard. Parking stalls shall be at least nine feet by 18 feet, unless adjacent to landscaping, as specified in Figure 13.

Page 108: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

50  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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[…]

20.28.080 Cottage. AHBL Amend Existing Code

Amended to allow the use of LID facilities in required landscaped areas. Allowing this dual use of space can encourage the use of LID BMPs.

[…] D. Open Space.

1-3. [no change] 4. A minimum of 60 percent of the site area shall be in landscaping or pervious permeable materials (may include pervious permeable paving, landscape-based LID BMPs, and green roofs). Exceptions may be made in erosion hazard zones or areas with shallow bedrock as determined by the city.

E. Parking.

1. The project shall include at least one on-site parking stall per unit. The planning director may reduce parking requirements based on applicant’s demonstration of site-specific factors that justify a lower standard. Parking stalls shall be at least nine feet by 18 feet, unless adjacent to landscaping, as specified in Figure 13.

[…]

20.28.110 Duplex/triplex.

AHBL Amend Existing Code

Amended to allow the use of LID facilities in required landscaped areas. Allowing this dual use of space can encourage the use of LID BMPs.

[…] D. Open Space.

1. [no change] 2. No less than 40 percent of the site area shall be landscaping or pervious permeable material (may include pervious permeable paving, landscape-based LID BMPs, and green roofs). Exceptions may be made in erosion hazard zones or areas with shallow bedrock as determined by the city.

E. Parking.

1. Each dwelling unit shall provide at least one on-site parking stall. The planning director may reduce parking requirements based on applicant’s demonstration of site-specific factors that justify a lower standard. Parking stalls shall be at least nine feet by 18 feet, unless adjacent to landscaping, as specified in Figure 13.

[…]

20.28.120 Shared court.

AHBL Amend Existing Code

Amended to allow the use of LID facilities in required landscaped areas. Allowing this dual use of space can encourage the use of LID BMPs. Also amended to specify that permeable pavement is an accepted surface for courtyard space.

[…] D. Open Space.

1-2. [no change] 3. No less than 40 percent of the site area shall be landscaping or pervious permeable material (may include pervious permeable paving, landscape-based LID BMPs, and green roofs). Exceptions may be made in erosion hazard zones or areas with shallow bedrock as determined by the city.

Page 109: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

51  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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4. [no change]

E. Parking.

1. Dwelling units less than 1,000 square feet shall provide at least one on-site parking stall. Units of 1,000 square feet or larger shall provide two on-site parking stalls. The planning director may reduce parking requirements based on applicant’s demonstration of site-specific factors that justify a lower standard. Parking stalls shall be at least nine feet by 18 feet, unless adjacent to landscaping, as specified in Figure 13.

2-3. [no change] F. Design Standards.

[…] 6. The following design standards shall be met to define the shared courtyard space, enhance the function as a shared, attractive, and usable open space, and unify site elements through the use of paving and landscape materials:

[…] c. Poured surfaces (e.g., asphalt or concrete) may be used for vehicle treaded areas up to 10 feet in width but are not acceptable for area paving. The remaining unplanted areas shall be paved with unit pavers (e.g., brick, concrete, or tile) set or covered with gravel.or Grasscrete Permeable pavements are an acceptable paving options for all unplanted, shared court area.

[…]

20.28.130 Garden Court.

AHBL Amend Existing Code

Amended to reference amended parking dimensions that allows for a two foot reduction in stall length.

[…] E. Parking.

1. Dwelling units less than 1,000 square feet shall provide at least one on-site parking stall. Units of 1,000 square feet or larger shall provide two on-site parking stalls. The planning director may reduce parking requirements based on applicant’s demonstration of site-specific factors that justify a lower standard. Parking stalls shall be at least nine feet by 18 feet, unless adjacent to landscaping, as specified in Figure 13.

[…]

Chapter 20.30 Residential Single Development 20.30.040 Standard development - regulations

AHBL No Changes Proposed

None proposed; development regulations such as setback and lot sizes are not a barrier to LID practices.

20.30.060 Parking. AHBL Amend Existing

Amended to allow for shared driveways and to require

[…]

Page 110: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

52  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Code permeable pavement, unless infeasible, as a way of reducing impervious surface.

C. Parking Design.

[…] 3. Shared driveways with neighboring properties may be used. […]

D. Improvement Standards.

[…]

2. Permeable pavement shall be used for hard surface ground cover areas unless infeasible, per infeasibility criteria stated in BMP T5.15 of the Ecology Manual. Projects that include less than 2,000 sf of new or replaced impervious surface are exempt from this requirement. 3. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. [Ord. 2006-12-122; Ord. 2003-03-010; Ord. 2001-04-033 §§ 2, 6, 9; Ord. 9024, 1982].

Chapter 20.32 Residential Multi Development 20.32.040 Standard development – Regulations.

AHBL Amend Existing Code

Added language to allow use of LID BMPs to count toward minimum open space requirements. Allowing this dual use can encourage the use of LID facilities.

[…] E. Open Space. A minimum of 25 percent of the total site area shall be left as open space; except that a minimum of 10 percent of the total site area shall be left as an open space for an office use allowed in residential multi, multiple-mixed areas having a residential density equal to or denser than 1,500 square feet per unit. Landscape-based LID BMPs may be used in passive open space and may count toward open space requirements. […]

20.32.045 Duplex/attached single-family duplex regulations.

AHBL Amend Existing Code

Added language to allow use of LID BMPs to count toward minimum open space requirements. Allowing this dual use can encourage the use of LID facilities.

[…] D. Open Space. A minimum of 40 percent of the total site area (each lot) shall be left as open space. Landscape-based LID BMPs may be used and shall count toward open space requirements. […]

20.32.060 Parking. AHBL Amend Existing Code

Amended to allow for shared driveways and to require permeable pavement, unless infeasible, as a way of reducing impervious surface.

[…] C. General Provisions.

1. All required parking shall be located off street and on the subject property in areas which meet the minimum requirements of this section. Parking on the public right-of-way shall not be considered as off-street parking. Joint Shared parking may be allowed pursuant to BMC 20.12.010(C)(3)(A)(6).

[…]

Page 111: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

53  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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3. Off-street parking for single-family and duplex dwellings shall be a minimum of nine feet in width by 18 feet in length (unless adjacent to landscaping, as specified in Figure 13) with 22 feet of maneuvering aisle depth behind each space. Off-street parking dimensions for other uses shall not be less than shown on BMC 20.08.020, Figures 10, 11 and 12.

[…] E. Improvement Standards.

1. Hard surfacing shall be required for all portions of the parking facility including those portions within the right-of-way, provided, however, “grass grid” or similar products may be used where appropriate permeable paving is required for hard surface ground cover areas unless infeasible, per infeasibility criteria found in BMP T5.15 of the Ecology Manual. 2. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. […] 4.5. Drainage systems for parking facilities shall be designed and approved in accordance with Ordinance No. 8827, as amended. […]

20.32.070 Landscaping.

AHBL Amend Existing Code

Added language to allow use of LID BMPs to count toward minimum open space and parking lot landscaping requirements. Allowing this dual use can encourage the use of LID facilities.

[…] B. Requirements (See Figure 20.32.070).

[…] 3. A minimum of 25 percent of the required open space shall be landscaped. Landscape-based LID BMPs shall count toward this requirement. 4. Parking. […]

d. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. e. Unless infeasible, landscape-based LID BMPs shall be used within parking lot landscaping to meet drainage requirements. This requirement does not apply to parking provided within structures.

[…]

Chapter 20.34 Commercial Development

Page 112: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

54  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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20.34.040 Development regulations

AHBL No Changes Proposed

None proposed; regulations such as building size and density is appropriate and not a barrier to LID.

20.34.050 Parking.

AHBL Amend Existing Code

Amended to reference applicable section that allows reductions to parking minimums and section that allows shared parking. Added language to require permeable pavement within parking areas, unless infeasible.

A. Applicability.

[…] 3. The director shall have the authority to reduce or waive off-street parking requirements required by this chapter as stated in BMC 20.12.010(A)(3-5), provided that the requirements stated therein are met. for subsections (A)(2)(b) and (c) of this section, only when there is no existing space available on site to provide additional parking, no parking can be provided within 500 feet of the generator, and the surrounding streets will not be adversely affected due to the existence of ample on-street parking upon such waiver, the director shall have the authority to require the proponent to construct, with approval from the public works director, on-street parking on nonarterial streets adjacent to the development for use by the general public if space is available within the right-of-way. 4. Shared Parking. The amount of off-street parking required by this chapter may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided the requirements stated in BMC 20.12.010(A)(6) are met.

[…] C. General Provisions.

[…] 2. All required parking shall be located off street and on the subject property in areas which meet the minimum requirements of this section. Parking on the public right-of-way shall not be considered as off-street parking unless approved pursuant to BMC 20.12.010(A)(2)(3) and (4). Joint Shared parking may be allowed pursuant to regulations found in subsection (C)(3) of this section BMC 20.12.010(A)(6). 3. When a parking facility is within 500 feet of a use deficient in parking and said parking facility is utilized at different times of the day or has parking space available in excess of what is required then the director may allow joint parking facilities, provided:

a. A pedestrian walkway is available between the parking facility and generator; and b. A joint parking agreement specifying respective rights and/or operating times is signed by all participants and the director and filed in the county auditor’s office.

[…]

E. Improvement Standards.

[…]

Page 113: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

55  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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3. Permeable pavement shall be used for hard surface ground cover areas unless infeasible, per the infeasibility criteria listed within BMP T5.15 of the Ecology Manual. Projects that include less than 2,000 sf of new or replaced impervious surface are exempt from this requirement. 4. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. […] 68. Drainage systems for parking facilities shall be designed and approved in accordance with Ordinance No. 8827, as amended. […]

20.34.070 Landscaping.

AHBL Amend Existing Code

Added minimum parking lot landscaping requirement based on a survey of nearby cities. 20 square feet of landscaping are per stall comes out to approximately 7.5% minimum landscaping. Added language allowing use of LID BMPs within required minimum parking lot landscaping areas.

[…] B. Requirements (See Figure 20.34.070).

[…] d. Parking facility interior landscaping.

i. Surface parking lots with 15 or more parking spaces shall provide internal landscaping at the rate of 20 square feet of landscaped area per parking stall. ii. The landscaping must be dispersed throughout the parking area. iii. Landscaping around the facility perimeter may not substitute for interior landscaping. However, interior landscaping may join perimeter landscaping as long as it extends at least four feet into the parking area from the perimeter landscape line.

e. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. f. Unless infeasible, landscape-based LID BMPs shall be used within parking lot landscaping to meet drainage requirements. This requirement does not apply to parking provided within structures.

[…]

Chapter 20.35 Subarea Plans, Overlay Districts and Development Agreements 20.35.075 Old town overlay district – Parking.

AHBL Amend Existing Code

Amended to reference applicable section that allows shared parking, as a means to reduce impervious surfaces. Amended language allowing for

[…] C. Shared Parking.

1. Purpose. To efficiently utilize parking resources where the potential for shared parking provisions with adjacent land uses has been analyzed and found to be appropriate.

Page 114: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

56  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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parking reductions. Criteria in overlay district are different that criteria stated in general standards (BMC 20.12.010).

2. The planning director may authorize two or more uses to share parkingThe amount of off-street parking required by this chapter may be reduced by an amount determined by the planning director when shared parking facilities for two or more uses are proposed, provided that the requirements stated in BMC 20.12.010.(A)(6) are met. if the number of parking spaces provided is equal to the greatest number of required spaces for uses operating at the same time. To ensure that a parking area is shared, each property owner must sign a statement in a form acceptable to the city attorney, stating that his/her property is used for parking by the other property. The applicant must file this statement with the Whatcom County assessor’s office to run with the properties. Shared parking may include use of off-site parking in a commercial parking structure.

D. Parking Reduction Allowed. The planning director may administratively reduce parking an additional 20 percent for projects that, either through adoption of a program or actual parking characteristics of the use, will result in less auto dependence. Such programs or special uses may include implementation of ZipcarTM, enhanced bike storage facilities, permanent purchase of WTA transit passes, installation of WTA transit shelters, and senior and affordable housing. The burden of proof of how a program or use characteristics will decrease parking demand shall be on the developer.for uses that are inherently less auto dependent, and for mitigation provided in-lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 2), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the Director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5). […]

Chapter 20.36 Industrial Development 20.36.040 Development regulations

AHBL No Changes Proposed

None Proposed; open space and minimum yard requirements are appropriate given the intent of industrial areas. Landscaping and parking requirements for industrial areas amended in subsequent sections.

 

20.36.050 Parking.

AHBL Amend Existing Code

Amended to reference applicable section that allows reductions to parking minimums and section that allows shared parking. Added language to require permeable pavement within parking areas, unless

[…] 3. The director shall have the authority to reduce or waive off-street parking requirements required by this chapter as stated in BMC 20.10.010(A)(3-5), provided that the requirements stated therein are met.for subsections (A)(2)(b) and (c) of this section only when there is no existing space available on site to provide additional parking, no parking can reasonably be provided within 500 feet of the generator, and the surrounding streets will not be adversely affected due to the existence of ample on-street parking. The director shall have the authority to require the proponent to construct, with concurrence from the public works director, on-street parking adjacent to the development for use by the general public if space is available within the right-of-way.

Page 115: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

57  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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infeasible. 4. Shared Parking. The amount of off-street parking required by this chapter may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided the requirements stated in BMC 20.12.010(A)(6) are met.

[…] C. General Provisions.

[…] 2. All required parking shall be located off street and on the subject property in areas which meet the minimum requirements of this section. Parking on the public right-of-way shall not be considered as off-street parking unless approved pursuant to subsection BMC 20.12.010(A)(2)(3) and (4) of this section. Joint Shared parking may be allowed pursuant to regulations found in subsection (C)(3) of this section BMC 20.12.010(A)(6).

3. When a parking facility is within 500 feet of a use deficient in parking and said parking facility is utilized at different times of the day or has parking space available in excess of what is required, then the director may allow joint parking facilities, provided:

a. A pedestrian walkway is available between the parking facility and generator; and b. A joint parking agreement specifying respective rights and/or operating times is signed by all participants and the director and filed in the county auditor’s office.

[…]

E. Improvement Standards. […] 3. Permeable pavement shall be used for hard surface ground cover areas unless infeasible per the infeasibility criteria listed within BMP T5.15 of the Ecology Manual. Projects that include less than 2,000 sf of new or replaced impervious surface are exempt from this requirement.

4. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. […] 68. Drainage systems for parking facilities shall be designed and approved in accordance with Ordinance No. 8827, as amended. […]

Chapter 20.37 Urban Village

Page 116: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

58  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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20.37.130 Samish Way Urban Village - Development

AHBL No Changes Proposed

None Proposed; development and design standards are not a barrier to LID.

20.37.140 Samish Way Urban Village - Street improvements

AHBL No Changes Proposed

None Proposed; language sufficiently meets NPDES permit objectives.

 

20.37.150 Samish Way urban village – Parking.

AHBL Amend Existing Code

Removed shared parking language as it has been consolidated into 20.12.010(A)(6). Amended parking reduction language to include criteria that is additional to that stated in the general standards.

[…]

D. Shared Parking. […] 2. The planning director may authorize two or more uses to share parking The amount of off-street parking required by this section may be reduced by an amount determined by the planning director when shared parking facilities for two or more uses are proposed, provided that the requirements stated in BMC 12.12.010.E(A)(6) are met.:

a. The number of parking spaces provided is at least equal to the greatest number of required spaces for uses operating at the same time. b. The burden of proof is on the developer to show that the resultant parking will be adequate for the anticipated parking demand. c. To ensure that a parking area is shared, each property owner must sign a statement in a form acceptable to the city attorney, stating that his/her property is used for parking by the other property. The applicant must file this statement with the Whatcom County assessor’s office to run with the properties. Shared parking may include use of off-site parking in a commercial parking structure. d. Parking lots associated with an approved conditional use in the residential transition area may be used as shared parking during off peak hours of the primary permitted use on site upon planning director approval of a shared parking agreement.

E. Parking Reduction Allowed. The planning director may administratively reduce parking up to an additional 30 percent for uses that are inherently less auto dependent, and for mitigation provided in-lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 2), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the Director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5). The planning director may administratively reduce parking an additional 20 percent for projects that, either through

Page 117: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

59  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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adoption of a program or actual parking characteristics of the use, will result in less auto dependence. Such programs or special uses may include implementation of ZipcarTM, enhanced bike storage facilities, permanent purchase of WTA transit passes, installation of WTA transit shelters, and senior and affordable housing. The burden of proof of how a program or use characteristics will decrease parking demand shall be on the developer. […]

20.37.160 Samish Way Urban Village - Landscaping

AHBL No Changes Proposed

None proposed; section allows for shared parking and parking reductions.

20.37.230 Fountain District Urban Village - Development

AHBL No Changes Proposed

None Proposed; development and design standards are not a barrier to LID.

20.37.240 Fountain District Urban Village - Street improvements  

AHBL No Changes Proposed

None Proposed; language sufficiently meets NPDES permit objectives.

 

20.37.250 Fountain district urban village – Parking.

AHBL Amend Existing Code

Removed shared parking language as it has been consolidated into 20.12.010(A)(6). Amended parking reduction language to include criteria that is additional to that stated in the general standards.

[…] D. Shared Parking.

1. Intent. To efficiently utilize parking resources where the potential for shared parking provisions with adjacent land uses has been analyzed and found to be appropriate. 2. The director may authorize two or more uses to share parkingThe amount of off-street parking required by this article may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided that the requirements stated in BMC 20.12.010(A)(6) are met.:

a. The number of parking spaces provided is at least equal to the greatest number of required spaces for uses operating at the same time. b. The burden of proof is on the developer to show that the resultant parking will be adequate for the anticipated parking demand. c. To ensure that a parking area is shared, each property owner must sign a statement in a form acceptable to the city attorney, stating that his/her property is used for parking by the other property. The applicant must file this statement with the Whatcom County assessor’s office to run with the properties. Shared parking may include use of off-site parking in a commercial parking structure.

3. Parking lots associated with an approved conditional use in the residential transition areas may be used as shared parking during off peak hours of the primary permitted use on site upon director approval of a shared parking agreement.

[…]

Page 118: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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G. Parking Reduction Allowed. The director may administratively reduce parking an additional 30 percent for projects that, either through adoption of a program or actual parking characteristics of the use, will result in less auto dependence. Such programs or special uses may include implementation of, or membership in, a car sharing program, enhanced bike storage facilities, permanent purchase of Whatcom transit authority (WTA) transit passes, installation of WTA transit shelters, and senior and affordable housing. The burden of proof of how a program or use characteristics will decrease parking demand shall be on the developer. The director may administratively reduce parking up to an additional 30 percent for uses that are inherently less auto dependent, and for mitigation provided in-lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 2), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the Director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5). […]

20.37.260 Fountain District Urban Village - Landscaping

AHBL No Changes Proposed

None proposed; section refers to landscaping standards set in other sections.

   

20.37.330 Fairhaven Urban Village - Development Regulations

AHBL No Changes Proposed

None Proposed; development and design standards are not a barrier to LID.

20.37.340 Fairhaven Urban Village - Street improvements

AHBL No Changes Proposed

None Proposed; language sufficiently meets NPDES permit objectives.

 

20.37.350 Fairhaven urban village – Parking.

AHBL Amend Existing Code

Removed shared parking language as it has been consolidated into 20.12.010(A)(6). Amended parking reduction language to include criteria that is additional to that stated in the general standards.

[…] E. Shared Parking. Shared parking means that parking spaces are shared by more than one user or business that has different parking demand patterns. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.

[…] 2. The planning and community development director may authorize two or more uses to share parking The amount of off-street parking required by this section may be reduced by an amount determined by the planning and community development director when shared parking facilities for two or more uses are proposed, provided that the requirements stated in BMC 20.12.010(A)(6) are met.:

a. The number of parking spaces provided is at least equal to the greatest number of needed spaces for uses operating at the same time.

Page 119: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

61  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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b. The developer shall complete a parking demand analysis to demonstrate that the resultant parking will be adequate for the anticipated uses. ac. Shared parking shall be unbundled as necessary to ensure the adequacy of parking in subsection (E)(2)(b) of this section for the anticipated uses. This may require that parking is not assigned or dedicated. All spaces that are to be assigned or dedicated shall be shown/evaluated in a shared parking demand study. Unbundled parking may be leased to off-site uses that are not a party through a shared parking agreement. d. To ensure that a parking area is shared, each property owner or party must sign a shared parking agreement in a form acceptable to the city attorney, stating that his/her property is used for parking by another use(s) on the same property, or a use(s) on adjacent property. The applicant must file this statement with the Whatcom County assessor’s office to run with the property(ies). Shared parking may include use of off-site parking in a commercial parking structure. e. Parking lots associated with an approved conditional use in a residential transition area may be used as shared parking during off peak hours of the primary permitted use on site upon planning and community development director approval of a shared parking agreement.

F. Parking Reduction Allowed. The planning and community development director may administratively reduce parking an additional 20 percent for projects that, either through adoption of a program or actual parking characteristics of the use, will result in less auto dependence. Such programs or special uses may include, but not be limited to, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (Table 19.06.040(B)), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and senior and affordable housing. The burden of proof of how a program or use characteristics will decrease parking demand shall be on the developer. The planning and community development director may administratively reduce parking up to an additional 30 percent for uses that are inherently less auto dependent, and for mitigation provided in-lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 2), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the Director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5). […]

20.37.360 Fairhaven Urban Village - Landscaping

AHBL No Changes Proposed

None proposed; internal parking landscaping requirements are sufficient.

   

20.37.440 Sustainability

AHBL No Changes Proposed

None Proposed; section promotes native/ drought-tolerant plants.

   

Page 120: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

62  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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20.37.450 Waterfront district urban village – Parking.

AHBL Amend Existing Code

Removed shared parking language as it has been consolidated into 20.12.010(A)(6). Amended parking reduction language to include criteria that is additional to that stated in the general standards.

[…] D. Shared Parking.

[…] 2. Two or more uses may share parking if the number of parking spacesThe amount of off-street parking required by this section may be reduced by an amount determined by the planning director when shared parking facilities for two or more uses are proposed, provided that the requirements stated in BMC 20.12.010.E(A)(6) are met.is equal to the greatest number of required spaces for uses operating at the same time. 3. The developer shall complete a parking demand analysis to demonstrate that the resultant parking will be adequate for the anticipated uses. 4. To ensure that a parking area is shared, each property owner or party must sign a shared parking agreement in a form acceptable to the city attorney, stating that his/her property is used for parking by another use(s) on the same property, or a use(s) on adjacent property. The applicant must file this statement with the Whatcom County assessor’s office to run with the property(ies). Shared parking may include use of off-site parking in a commercial parking structure.

E. Parking Reduction Allowed. The planning director may administratively reduce parking for uses that are inherently less auto dependent, and for mitigation provided in-lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 2), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the Director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5). The planning director may administratively reduce parking for projects that, either through adoption of a program or actual parking characteristics of the use, will result in less auto dependence. Such programs or special uses may include implementation of ZipcarTM, enhanced bike storage facilities, purchase of WTA transit passes for a minimum of two years, carpool or commute trip reduction programs, installation of WTA transit shelters, and senior and affordable housing. The developer shall provide the information necessary to support this administrative decision. […]

20.37.470 Waterfront District Urban Village - Landscaping

AHBL No Changes Proposed

None proposed; section refers to general standards.

   20.37.530 Downtown district urban village -

AHBL No Changes Proposed

None Proposed; development and design standards are not a

Page 121: 2017 NPDES Annual Report - COB Home€¦ · 2017 NPDES Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan).

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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Development regulations

barrier to LID.

20.37.540 Downtown district urban village – Parking.

AHBL Amend Existing Code

Removed shared parking language as it has been consolidated into 20.12.010(A)(6). Amended parking reduction language to include criteria that is additional to that stated in the general standards.

[…] D. Shared Parking. Shared parking means that parking spaces are shared by more than one user or business that has different parking demand patterns. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.

[…] 2. The planning and community development director may authorize two or more uses to share parking The amount of off-street parking required by this article may be reduced by an amount determined by the planning and community development director when shared parking facilities for two or more uses are proposed, provided that the requirements stated in BMC 20.12.010(A)(6) are met.:

a. The number of parking spaces provided is at least equal to the greatest number of needed spaces for uses operating at the same time. b. The developer shall complete a parking demand analysis to demonstrate that the resultant parking will be adequate for the anticipated uses. ca. Shared parking shall be unbundled as necessary to ensure the adequacy of parking in subsection (D)(2)(b) of this section for the anticipated uses. This may require that parking is not assigned or dedicated. All spaces that are to be assigned or dedicated shall be shown/evaluated in a shared parking demand study. Unbundled parking may be leased to off-site uses that are not a party to the shared parking agreement. d. To ensure that a parking area is shared, each property owner or party shall sign a shared parking agreement in a form acceptable to the city attorney, stating that his/her property is used for parking by another use(s) on the same property, or a use(s) on adjacent property. The applicant must record this statement with the Whatcom County assessor’s office to run with the property(s). Shared parking may include use of off-site parking in a commercial parking structure. e. Parking lots associated with an approved conditional use in a residential transition area may be used as shared parking during off peak hours of the primary permitted use on site upon planning and community development director approval of a shared parking agreement. (Example: A church parking lot may be approved for use by other uses during weekdays when not otherwise being used by the church)

E. Parking Reduction Allowed. The planning and community development director may administratively reduce parking for uses that are inherently less auto dependent, and for mitigation provided in-lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 2), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the director, how the proposed mitigation will be adequate and

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Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5).The planning and community development director may administratively reduce parking for projects that, either through adoption of a program or actual parking characteristics of the use, will result in less auto dependence. Such programs or special uses may include, but not be limited to, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 2), installation of covered transit shelters where approved by the Whatcom transportation authority and public works department, and senior and affordable housing. The burden of proof of how a program or use characteristics will decrease parking demand shall be on the developer. […]

20.37.550 Downtown district urban village - Landscaping

AHBL No Changes Proposed

None proposed; section refers to general standards.

   Chapter 20.38 Planned Development 20.38.050 Standards.

AHBL Amend Existing Code

Amended to allow Landscape-based LID BMPs to count toward overall open space minimums. Allowing this dual use can encourage the use of LID BMPs.

[…] B. Planned Residential.

[…] 5. Open Space.

[…] c. Landscape-based LID BMPs may count toward open space requirements.

[…]

Chapter 20.40 Institutional Development 20.40.040 Master plan adoption procedure

AHBL No Changes proposed

None Proposed; language sufficiently meets NPDES permit requirements. Institutional developments follow master plan adoption procedures and standards.

20.40.050 Master plan elements and standards

AHBL No Changes proposed

None Proposed; language sufficiently meets NPDES permit requirements. Institutional developments follow master plan adoption procedures and standards.

Chapter 20.42 Public Development

AHBL No Changes proposed

None Proposed; language sufficiently meets NPDES

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65  

Document Name: Code chapter, rules, 

standards, and other enforceable documents 

 Section reference, date last updated, page 

number, etc. Name of 

Reviewer(s) 

Action taken to meet Permit 

requirements 

Describe/Note How Revision(s) made to meet permit 

requirements OR if No revision(s) was made to this document, 

explain why.  Amended Code Language 

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permit goals. Many standards refer to BMC 20.12.030 - General Standards.

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City of Bellingham

Public Works Department

_____________________________________________________________________________________________________________________ Engineering Natural Resources Operations 104 W. Magnolia Street, Suite 109 Physical: 2200 Nevada Street 2221 Pacific Street Bellingham, WA 98225 Mailing: 2221 Pacific Street Bellingham, WA 98229 (360) 778-7900 Bellingham, WA 98229 (360) 778-7700 Fax: (360) 778-7901 (360) 778-7800 Fax: (360) 778-7701 TTY: (360) 778-8382 Fax: (360) 778-7801 [email protected] [email protected] [email protected]

The City of Bellingham is currently in discussion with the Washington Department of Ecology regarding the status of implementation of any actions taken pursuant to S4.F.3.