The URL can be used to link to this page

Home My WebLink AboutO-3218 - Stormwater Management Regulations Western WA NPDES Phase II Ecology, Chapters 14.15, 14.17, 22C.120.170, 22D.050.22G.010.025CITY OF MARYSVILLE Marysville, Washington ORDINANCE 32.\8 AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, UPDATING THE STORMWATER MANAGEMENT REGULATIONS PURSUANT TO THE WESTERN WASHINGTON NPDES PHASE II MUNICIPAL STORMWATER PERMIT ISSUED TO THE CITY BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY AND AMENDING CHAPTERS 14.15, 14.17, AMENDING SECTIONS 22C.120.170, 220.050.050, AND 22G.010.025, OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS, the Federal Clean Water Act, 33 U.S.C. 1251 et seq. (the Act), requires certain local governments such as the City of Marysville to implement stormwater management programs and regulations within prescribed time frames, and pursuant to said Act t he United States Environmental Protection Agency (EPA) has adopted rules for such stormwater programs and regulations; and WHEREAS, the EPA has delegated authority to the Washington State Department of Ecology (Ecology) to administer such stormwater programs and regulations, and Ecology has issued the Western Washington Phase II Municipal Stormwater Permit, effective July 1, 2019 through July 31, 2024, which requires local governments such as the City of Marysville to implement numerous stormwater management requirements, including adopting Ecology's 2019 Stormwater Management Manual for Western Washington by June 30, 2022; and WHEREAS, in 1999, the City Council adopted Ordinance 2245, which established a stormwater utility to be responsible for the operation, construction and maintenance of stormwater facilities, as set forth in Ch. 14.19 MMC; and WHEREAS, in 2003, the City Council adopted Ordinance 2476, which adopted Ecology's 2001 Stormwater Management Manual for Western Washingt on and related regulations, as set forth in Ch. 14.15 MMC; and WHEREAS, in 2009, the City Council adopted Ordinance 2782, which adopted illegal discharge and connection regulations; and WHEREAS, in 2010, the City Council adopted Ordinance 2816, which adopted Ecology's 2005 Stormwater Management Manual for Western Washington and related regulations, as set forth in Ch. 14.15 MMC; and WHEREAS, in 2016, the City Council adopted Ordinance 3035, which adopted Ecology's 2012 Stormwater Management Manual for Western Washington as amended in December 2014 and related regulations, as set forth in Ch. 14.15 MMC; and WHEREAS, in order to comply with the currently effective Western Washington Phase II Municipal Stormwater Permit, t he City has prepared this ordinance amending and updating the City's current stormwater regulations and related municipal code provisions, as primarily set forth in Tit le 14 MMC, to adopt the 2019 Stormwater Management Manual for Western Washington; and Code Amendment MMC Chapter 14 & 22 Page 1 of 4 WHEREAS, the State Growth Management Act, RCW Chapter 36.70A mandates that cities periodically review and amend development regulations which include but are not limited to zoning ordinances and official controls; and WHEREAS, RCW 36.70A.106 requires the processing amendments to the City's development regulations in the same manner as the original adoption of the City's comprehensive plan and development regulations; and WHEREAS, the State Growth Management Act requires notice and broad public participation when adopting or amending t he City's comprehensive plan and development regulations; and WHEREAS, the City, in reviewing and amending its development regulations has complied with the notice, public participation, and processing requirements established by the Growth Management Act, as more fully described below; and WHEREAS, the City Cou ncil of the City of Marysville finds that from time to time it is necessary and appropriate to review and revise provisions of the City's municipal code and development code (MMC Title 22); and WHEREAS, the Planning Commission discussed the above-referenced amendments to MMC Title 22 during a public meeting held on March 22, 2022; and WHEREAS, on April 26, 2022 the Marysville Planning Commission held a duly- advertised public hearing; and WHEREAS, on April 26, 2022, the Marysville Planning Commission recommended that the City Council adopt the proposed amendments to MMC Title 22; and WHEREAS, at a public meeting on June 13, 2022, the Marysville City Council reviewed and considered the Marysville Planning Commission's Recommendation and proposed amendments to MMC Title 22, as well as the above referenced amendments to the municipal code; and WHEREAS, the City of Marysville has submitted the proposed development regulation revisions to the Washington State Department of Commerce on March 26, 2022, seeking expedited review under RCW 36.70A.160{3){b) in compliance with the procedural requirement under RCW 36. 70A.106; and WHEREAS, The proposed amendments to MMC 22C.120.170, 22D.050.050 and 22G.010.250 as it relates to the adoption of the 2019 SWMMWW are exempt from State Environmental Policy Act review under WAC 197-11-800(19); and WHEREAS, the City Council has determined that it is in t he public interest and in furtherance of the public health and welfare to adopt this ordinance; NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain as follows: Section 1. Amendment of Municipal Code. Sections 14.15.015, 14.15.030, 14.15.040, 14.15.050, 14.15.062 and 14.15.065 of the municipa l code are hereby amended as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. Code Amendment MMC Chapter 14 & 22 Page 2 of 4 Section 2. Amendment of Municipal Code. Section 14.17.035 of the municipal code is hereby amended as set forth in Exhibit B, which is attached hereto and incorporated herein by this reference. Section 3. Amendment of Municipal Code. Section 22C.120.170 of the municipal code is hereby amended as set forth in Exhibit C, which is attached hereto and incorporated herein by this reference. Section 4. Amendment of Municipal Code. Section 22D.0S0.050 of the municipal code is hereby amended as set forth in Exhibit D, which is attached hereto and incorporated herein by this reference. Section 5. Amendment of Municipal Code. Section 22G.010.250 of the municipal code is hereby amended as set forth in Exhibit E, which is attached hereto and incorporated herein by this reference. Section 6. Required Findings. The amendments to Sections 22C.120.170, 22D.050.050, and 22G.10.250 of the municipal code are consistent with the following required findings of MMC 22G.010.500: (1) The amendments is consistent with the purposes of the comprehensive plan; (2) The amendments is consistent with the purpose of Title 22 MMC; (3) There have been significant changes in the circumstances to warrant a change; (4) The benefit or cost to the public health, safety and welfare is sufficient to warrant the action. Section 7. Amendment of Municipal Code. Section 22A.010.160 of the municipal code, entitled "Amendments," is hereby amended as follows by adding reference to this adopted ordinance in order to track amendments to the City's Unified Development Code (all unchanged provisions of MMC 22A.010.160 remain unchanged and in effect): "22A.010.160 Amendments. The following amendments have been made to the UDC subsequent to its adoption: Ordinance Title (description) Effective Date 32\8 2019 SWMMWW Update July 1, 2022 Section 8. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the va lidity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Section 9 . Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including Code Amendment MMC Chapter 14 & 22 Page 3 of 4 scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 10. Effective date. This ordinance shall take effect on July 1, 2022. ~ PASSED by the City Council and APPROVED by the Mayor this --1.2_ day of U~, 2022. ATTEST: By ( YLt:Je.£4 k Genev ieve Geddis, Deputy City Clerk Date of Publication: C.P . 2-t.J>. 'l-o22 Effective Date: 7/1/2022 CITY OF MARYSVILLE By Code Amendment MMC Chapter 14 & 22 Page 4 of 4