ORDINANCE NO WHEREAS, the City provided the proposed code amendments to the Washington State Department of Commerce on September 20, 2017; and

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF LYNDEN AMENDING THE CITY'S MUNICIPAL CODE TITLE 12 STORMWATER MANAGEMENT SYSTEM, TO INCORPORATE AND REQUIRE LOW IMPACT DEVELOPMENT (LID) PRINCIPLES AND BEST MANAGEMENT PRACTICES, AS REQUIRED BY THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORMWATER PERMIT. WHEREAS; the National Pollution Discharge Elimination System (NPDES) Municipal Stormwater Permit Section S5.C.4.f requires permittees to review, revise and make effective their local development-related codes, rules, standards, or other enforceable documents to incorporate and require Low Impact Development (LID) principles and LID Best Management Practices (BMPs); and WHEREAS, City staff have identified code amendments within Lynden Municipal Code Title 12 that will incorporate LID principles and Best Management Practices, and will meet the requirements of the NPDES permit; and WHEREAS, City staff have used a consultant team to identify regulatory provisions and procedural elements that can be improved; and WHEREAS, the City issued a non-project SEPA Determination of Non- Significance (DNS) for the proposed changes on September 26, 2017; and WHEREAS, the City provided the proposed code amendments to the Washington State Department of Commerce on September 20, 2017; and WHEREAS, City staff presented the proposed changes to the Public Works Committee at its regular meeting on August 9, 2017 and received its recommendation to bring new regulations to the City Council for adoption. NOW, THEREFORE, The City Council of the City of Lynden does ordain to amend Title 12 of the Lynden Municipal Code as follows: Section 1. A new Chapter APPLICABILITY is hereby adopted and reads as follows: Chapter APPLICABILITY The street standards set forth in this title are adopted and shall be applied to all future street improvements within the City of Lynden. Construction and design of streets, sidewalks, and public places within the City of Lynden shall meet the City s planning, safety, and transportation requirements while prioritizing Low Impact Development (LID) methods and practices. Section 2. Chapter CONSTRUCTION STANDARDS is hereby repealed in its entirety. Ordinance No Title 12 1

2 Section 3. A new Chapter STREETS AND SIDEWALK STANDARDS is hereby adopted and reads as follows: Chapter STREETS AND SIDEWALK STANDARDS Sections: Street Classifications The City of Lynden Municipal Code, Chapter classifies all public streets within the City into three major road classifications: major arterial, secondary arterial, and access streets. Private roads and alleys are classified as access streets. These street classifications are to be used with the street design standards set forth in the City s Design and Development Standards. Any project requiring access to or affecting a State Highway shall additionally follow Washington State Department of Transportation (WSDOT) standards for application, design, and construction General Provisions A. Street design and construction shall conform to accepted engineering practices, and shall be certified by a registered professional engineer, licensed by the State of Washington. All projects will be constructed in conformance with the current City of Lynden s Design and Development Standards, LMC 13.24, LMC 16 through19, and WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction. The Stormwater Management Manual for Western Washington ( Ecology Manual ) adopted by the City and the Puget Sound Partnership s Low Impact Development Technical Guidance Manual for Puget Sound shall also be used as guidance. B. Road networks shall be designed with attention to minimizing site disturbance, avoiding critical areas, and reducing fragmentation of landscape. C. Impervious surfaces shall be reduced by constructing new road components and re-designing existing roads to the narrowest widths that still meet specific traffic (motorized and non-motorized), pedestrian, parking, and emergency vehicle service needs. D. Further reductions in impervious surfaces may be achieved by using LID methods and practices in designing turnabouts, parking, shared driveways, and traffic calming strategies. E. New streets or improvements shall provide concrete curbs and gutters and storm drainage. Curb cuts to vegetated LID facilities are permitted where feasible. Feasible means when the facilities meet the design criteria, limitations, and infeasibility criteria for each LID Best Management Practice (BMP) as described in the Ecology Manual adopted by the City. Ordinance No Title 12 2

3 F. 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 when the facilities meet the design criteria, limitations, and infeasibility criteria for each LID BMP as described in the Ecology Manual. G. Private underground vaults, rooms, or other encroachments shall be prohibited from using any portion of a public right-of-way unless they are owned and operated under a franchise with the City. H. No work shall be done on a City right-of-way by any private party or persons without a written permit from the public works director or its duly authorized representative. I. Maintenance of LID facilities is required. Whenever any street has been improved by the construction of an LID facility within the City right-of-way, the duty, burden and expense of repair, renewal and maintenance of such facility shall be the responsibility of the City, or the responsibility of the directly abutting property owners through a covenant or a homeowners association. Abutting property owners are only responsible for maintenance if the facility is treating runoff from said private property site in lieu of on-site stormwater management treatment requirements. All stormwater facilities shall be maintained in accordance with this chapter, the Ecology Manual adopted by the City and the City s Design and Development Standards. Systematic, routine preventive maintenance is preferred. Stormwater facilities are subject to a regular inspection program administered by the public works department as set forth in LMC Major Arterials Major arterials are defined by RCW as transportation arteries which connect the focal points of traffic interest within a City; arteries which provide communications with other communities and the outlying areas; or arteries which have relatively high traffic volume compared with other streets within the City. Major arterials are to service existing and future commercial, industrial and Historic Business District (HBD) areas, as well as other major traffic generators within the community (i.e., schools, hotels and recreational facilities). Standards for major arterials shall be as set forth in the City s Design and Development Standards Secondary Arterials Secondary Arterials are defined by RCW as routes which serve lesser points of traffic interest within a city; provide communication with outlying districts in the same degrees or serve to collect and distribute traffic from the major arterials to the local streets. Standards for secondary arterials shall be as set forth in the City s Design and Development Standards Access Streets and Alleys Ordinance No Title 12 3

4 Access Streets are defined by RCW as land service streets and provide access to abutting property. They are tributary to the major and secondary thoroughfares and generally discourage through traffic. All public access streets and private roads except alleys shall be constructed with vertical curb and gutter. Alleys should be the minimum width required for service vehicles, constructed of permeable paving materials where feasible and allow surface flows to disperse and infiltrate to adjacent bio-retention swales, shoulders, or yards. Standards for access streets and private roads and alleys are as set forth in the City s Design and Development Standards and LMC Section 4. The following sections of Chapter OBSTRUCTIONS AND INJURIOUS ACTS are hereby repealed: 1. Section Building fires or mixing lime or mortar on pavement prohibited when 2. Section Transporting rubbish and other materials over pavement Requirements. Section 5. Section is hereby amended with additions underlined to read as follows: Tree Planting on Streets, Alleys, and Parking Strips It is unlawful for any person to plant any trees upon the streets, alleys, or parking strips within the City unless such person has first made application in writing and has received a permit therefore from the public works director. There shall be no charge for such permit. Tree planting and native vegetation may be utilized to meet LID objectives. Preferred species are listed in the City s Design and Development Standards. Section 6. Section is hereby amended with deletions stricken and additions underlined to read as follows: Dripping Petroleum Products on Pavement Prohibited Except for motorcycles, No no owner or operator of any motor vehicle, except motorcycles, in the city shall leave said motor vehicle it standing upon any paved street or alley in the City unless such motor vehicle is provided with a drip pan or some other contrivance to effectually prevent the dripping on the pavement of oil, gasoline or other kindred substances petroleum products from said machine. Motor vehicle owners will be liable for costs to repair damage to pavements. Section 7. The following sections of Chapter HOUSE NUMBERING are hereby repealed: 1. Section Baselines Established Ordinance No Title 12 4

5 2. Section Numbering System Designated 3. Section Additional Penalties Water Shut Off When Section 8. Section is hereby amended with additions underlined to read as follows: Use of Planting Strips Sandwich board signs, garbage cans, merchandise, flower containers, benches and/or newspaper stands may be placed on a planting strip between the street and sidewalk in CS, CSC, RS and I zones; provided, that they are at least twenty feet from any street intersection, are less than fifty inches high and do not constitute a safety hazard in the opinion of the Lynden police and public works departments. No fee shall be charged for the permit which is issued by public works. Use of the planting strip shall not interfere with LID BMPs or infiltration functions. Section 9. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 10. Any ordinance or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall be in force and effect on January 1, PASSED BY THE CITY COUNCIL OF THE CITY OF LYNDEN BY AN AFFIRMATIVE VOTE, IN FAVOR AGAINST, AND SIGNED BY THE MAYOR THIS DAY OF NOVEMBER, Attest: MAYOR SCOTT KORTHUIS City Clerk Pamela D. Brown Approved as to Form: Ordinance No Title 12 5

6 City Attorney Robert A. Carmichael Ordinance No Title 12 6