(1) Authority. The director shall have the authority to develop and implement procedures to administer and enforce this chapter.
(2) Inspections. All activities regulated by this chapter shall be inspected by the department. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of BMPs, land disturbing activities, installation of utilities, permanent stormwater control facilities, landscaping, retaining walls, and completion of project. When required by the director, a special inspection and/or testing shall be performed.
The following minimum requirements for stormwater quantity control shall apply to all development proposals that meet the definition of a major development:
(1) All surface water and stormwater entering the development site in its predevelopment state shall be received at the naturally occurring or otherwise legally existing locations. All surface water and stormwater leaving the development site shall be discharged at all times during and after development at the naturally occurring or otherwise legally existing locations so as not to be diverted onto or away from adjacent downstream properties, except diversion which will correct an existing manmade downstream problem may be permitted by the director. For the purposes of this chapter, “naturally occurring location” shall mean the location of those channels, swales, and preexisting and established systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, site inspections, decisions of a court of law, or other means determined appropriate by the director.
(2) The post-development peak stormwater discharge rates from the development site for the two-, 10-, and 100-year, 24-hour duration storm events and the 100-year, seven-day duration storm event shall at no time exceed the predevelopment peak stormwater runoff rates for the same design storm events, except as expressly permitted by this chapter. Also, where stormwater directly or indirectly discharges to open channels or streams, streambank erosion protection is required; the post-development peak stormwater discharge rate from the development site for the two-year, 24-hour duration storm event shall not exceed 50 percent of the predevelopment peak stormwater runoff rate for the same design storm event. The director may require that runoff from a development site be controlled for additional design storm events.
(1) Maintenance of Stormwater Facilities by Owners.
(a) Any person or persons holding title to a nonresidential property for which stormwater facilities and BMPs have been required by the city shall be responsible for the continual operation, maintenance, and repair of said stormwater facilities and BMPs in accordance with the provisions of this chapter.
(b) For privately maintained stormwater facilities, the maintenance requirements specified in this chapter, including the stormwater manuals, shall be enforced against the owner(s) of the subject property served by the stormwater facility.
(2) Maintenance Covenant Required for Privately Maintained Drainage Facilities.
(a) Prior to the beneficial use of a development constructed under a city permit, the owner shall record a maintenance covenant that guarantees Port Orchard that the owner shall properly operate, maintain, and inspect the stormwater facilities, and that also gives the city the authority to enter and inspect the facility. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the Kitsap County auditor.