2538•ORDINANCE NO. 2538
AN ORDINANCE CREATING CHAPTER 13.01 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "STORMWATER GENERAL PROVISIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 13.01 of the Moses Lake Municipal Code entitled "Stormwater General Provisions" is
created as follows:
13.01.10 Purpose: The purpose of this chapter is to create the general provisions for the chapters in Title
13 of the Municipal Code that pertain to stormwater.
13.01.020 Objectives: The objectives of the stormwater regulations contained in Title 13 of the Municipal
Code are to promote the public health, safety and welfare, and to comply with state law regarding
the discharge of stormwater and non-stormwater into the City's stormwater system and Moses
Lake.
13.01.030 Stormwater Management Manual for Eastern Washington: The current Stormwater Management
Manual for Eastern Washington is adopted and is revised with the chapters in Title 13 of the
Moses Lake Municipal Code that pertain to stormwater. The Stormwater Management Manual
for Eastern Washington with the revisions of said Title 13 shall be used for the design and
operation of all stormwater improvements.
13.01.040 Definitions: The following terms, when used in this Title, shall have the following meaning:
A."Construction Activity" shall mean all activity subject to the National Pollutant Discharge
Elimination System (NPDES) construction permits. These include construction projects
resulting in land disturbance of one acre or more, or construction projects resulting in land
disturbance of less than one acre that are part of a common plan of development or sale.
Such activities include clearing, grubbing, grading, excavation, and demolition.
B."Dwelling Unit" shall mean a building or portion thereof that contains living facilities for not
more than one (1) family, including facilities for sleeping, eating, cooking, and sanitation; or a
lot designated and intended for such use.
C."Equivalent Residential Unit" or "ERU" shall mean and is equal to four thousand (4,000) square
feet of impervious ground cover, which constitutes the average impervious surface area
contained on a single family residential parcel within the City. An ERU is the unit of impervious
groundcover that is used by the stormwater utility for calculating the service fee.
D."IDDE" shall mean the Illicit discharge detection and elimination program.
E."Impervious Area" shall mean a surface that is covered with material that is resistant to
infiltration of water including conventionally surfaced streets, roofs, sidewalks, concrete
flatwork, driveways, parking lots and other oiled, graveled, graded or compacted surface that
impedes the natural infiltration of surface water.
F."Moses Lake" shall mean the body of water named Moses Lake along with all associated
ponds, wetlands and tributaries, and the waters of the state.
G."Nonresidential Property" shall mean all properties that are, or will be, used for purposes other
than residential property. Nonresidential property includes commercial, industrial, parking lots,
hospitals, schools, hotels, offices, churches, and municipal properties.
H."Non-Stormwater" shall mean discharge to a stormwater system that is not composed entirely
of stormwater.
I. "Owner" shall mean the property owner of record according to the Grant County Assessor's
Office.
Adopted by the City Council and signed by its Mayor on November 24, 2009.
ATTEST:Ronald C. Covey, Mayor
APPR•VED AS TO FORM:
ames A. Whitaker, City Attorney
ORDINANCE NO. 2538
PAGE 2 November 24, 2009
J."Residential Property" shall mean all properties that are, or will be, primarily used for
residential purposes including single family residences, duplexes, triplexes, fourplexes, or
manufactured homes.
K."Stormwater Fee" shall mean the service charge established under Title 13 of the Municipal
Code for parcels of real property to fund the costs of stormwater management and for
operating, maintaining and improving the stormwater system in the City.
L."Stormwater system" shall mean all the pipes, swales, ditches, culverts, street gutters,
detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins,
oil/water separators, biofiltration swales, outfalls, underground injection wells, and other items
for conveying, treating, or containing stormwater and non-stormwater..
M."Stormwater Utility" shall mean the City's stormwater utility, which includes all property within
the City's corporate limits.
N."Undeveloped Property" shall mean property that is unaltered by the actions, construction, or
addition to such property by man, or addition to such property by man of impervious
groundcover, or physical manmade improvements, or conditions of any kind that change the
hydrology of the property or its soil from its natural state, so long as stormwater runoff from
said property causes no detriment to the City's stormwater system.
13.01.050 Design Capacity: Stormwater systems shall be designed for a 25-year, 24-hour storm event.
13.01.060 Enforcement: All violations of this Title related to stormwater shall be deemed to constitute a
public nuisance. Violations of this chapter and all other chapters of this Title dealing with
stormwater shall be enforced in the same manner as violations of Moses Lake Municipal Code
Chapter 8.14.
13.01.070 Severability: If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of this chapter or the application of the provisions of this chapter are
declared to be severable, and shall remain in full force and effect.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
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Ronald R. Cone, inance Director
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