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Ordinance No. 78-17 CITY OF TIGARD, OREGON ORDINANCE No, 78- 17 AN ORDINANCE AMENDING TITLE 18 (ZONING) OF THE TIGARD MUNICIPAL CODE, BY ADDING A NEW CATEGORY, STORM WATER Dr;TENTION, TO BE KNOWN HEREAFTER AS CHAPTER 18.58 STORM WATER DETENTION (INTERIM) AND AMENDING ORDINANCE ' 77-25 SECTION 10 DESIGN REVIEW BY REMOVING DESIGN REVIEW AS CHAPTER 18, 58 AND CREATING A NEW CHAPTER, CHAPTER 18. 59 DESIGN REVIEW AND FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 : The following Interim Stormwater Detention Ordinance, in conformance with prescribed procedures, was heard in public hearing by the Tigard Planning Commission on March 14, 1978, and the Planning Commission thereafter reconnnended to the City Council that the zoning ordinance be amended as set forth below. Section 2: Purpose The purpose of this ordinance is to reduce the harmful " effects of stormwater runoff on streambeds, banks, park- lands, private properties and other areas in the City of Tigard by : t requiring the installation of on-site stormwater detention facilities ` as properties are developed within the City. f' Section 3: Applicability ` The provisions of this ordinance shall apply to any work for - which a subdivision plat, a site development plan and/or build- ing permit is required and shall apply to any work requiring a permit for which other changes in the land use are made which change the run- off characteristics. The provisions of this ordinance shall apply in all 1 , � }. uses under the Zoning and Subdivision Ordinances of the City. i Section 4: Manual of Operation v The Director of Public Works shall prepare and set forth in the form of a manual, guidelines for compliance with the standards of this ordinance. The manual will assist, those persons who are required to comply with the provisions of the Stormwater Detention Ordinance and may be secured from the City of Tigard and shall be followed unlessotherwise specified. The Planning Director shall act ' as the agent for control and final approval of submitted plats and site + development plans, subject to appeal to the Planning Commission. The Director of Public Works shall act as the agent for control and final f ' approval of submitted construction plans. Section 5: Criteria ;. - 5-1 Plan SubmittalandModification of Requirements r Site, subdivision, and building plans submitted to the Planning $ E ORDINANCE NO. 78 r7 i Director will include plans and design calculations for each detention facility proposed, Detention facilities shall be designed so that they do not become health or safety hazards. In the case that exact compliance with the Ordinance would result in the inability to use the land as it is permitted to be used by Zoning and Subdivision Classifications, Staff may be allowed flexibility in the interpretation and administration of the ordinance as long.as that interpretation and ad- ministration remains within the perameters of the intent of the ordinance P. and the adverse effect on storm water storage is insubstantial. In the event the applicant disagrees with staff 's interpretation, he(she) may appeal to the Planning Commission for a determination. Upon determination, the Planning Commission may modify or vary the requirements of the or- dinance to the extent necessary to allow some degree of permitted land use to exist in such a way as to maintain the maximum stormwater detention s system. 5-2 Improvements on Developed or Undeveloped Areas (a)Whenever any worn for which a subdivision plat, site develop- ment plan or a building permit is required is; undertaken on a developed site or previously undeveloped site, then the person or persons undertaking the work shall provide stormwater storage sufficient to store the difference between the runoff from a 25 year storm on the site as fully developed and the runoff produced by a five (5) year storm from the site in its undeveloped state until such time as the required storage has been fully utilized. The word "work" as used herein shall not include remodeling k which has no impact on stormwater runoff. (b)Whenever any said work is undertaken on a site which is located within the One-Hundred (100) year flood plain, the person { or persons undertaking the said work shall comply with the requirements of the City's flood plain ordinance; and in no case shall anything in this Stormwatar Detention Ordinance be so construed or permitted as to allow a negative impact upon or impairment of the intended effectiveness of the City's flood plain ordinance (Chapter ` 18.57) . The City Council is vested with the authority to interpret and, rule therein. 5-3 Maintenance i All plans submitted for stormwater detention systems shall describe adequate procedures of normal maintenance for the detention system. Any failure of the stormwater system, due to in- adequate maintenance, shall be the responsibility of the owner of the property on which the detention system is located. Where a stormwater system is part of a subdivision, normal procedures shall be utilized for City Council acceptance for operation and maintenance of the system, It shall also be the property owner's responsibility to remedy any inadequate maintenance that results in the failure of the system. Peri- odic inspection by the Public Works Department will be made to determine C ". conformity with the ordinance. The submittal of plans for such a system 4 Page 2 t V, ORDINANCE N0. 78_L7 or the purchase of property on which such a system is located shall be deemed an acceptance of responsibility for maintenance of the system. Section 6: Penalty If an applicant is required to build and maintain a storm- water detention system and fails to do or does so improperly or in violation of this ordinance, the development shall be considered an unlawful USE,' OI land i7.iiu the applicant SYla.ii be UCeIUCU in viv;ati0n of this ordinance. If any person is guilty of violation of the provisions of this ordinance, the city will proceed to remedy the violation and assess a lien against this person and against any property within jurisdiction owned by this person in the amount sufficient to cover the costs of the repair. Section 7: Severability If any provisions of this ordinance are declared to be invalid, such declaration shall not affect , impair or invalidate the remaining provision of this ordinance. Section 8: Because this provision is necessary to protect the health, safety and general welfare of the public, an emergency is declared to exist and this ordinance shall become effective immediately upon passage and approval by the City Council.. PASSED: By �ay���r�,`r��, ,s vote of all Council members present, after being read two times by title and number only, this day of '/ a rc G" 1978. i k Recorder, Cit , of and APPROVED: By the Mayor, this qday of 1978 ayor, ity o Tigard a Page 3 OtDI1�ANCE 78 A