The board of Mason County commissioners of Mason County finds that:
(1)
This chapter is divided into two parts. The first part defines requirements within the area covered by the storm and surface water utility. Development actions in these areas will be governed by the 2005 Edition of the Department of Ecology's Stormwater Manual. The Belfair and Allyn UGA's are included in the storm and surface water utility, which was created on June 17, 2008. Other areas of the county may be added as described in Chapter 14.46, to the storm and surface water utility. The second part of the ordinance will regulate development in areas outside the storm and surface water utility including any areas added in the future. Areas outside of the storm and surface water utility are governed by provisions of the 1992 Department of Ecology Stormwater Manual.
(2)
The 1994 Puget Sound Water Quality Management Plan (as amended) requires all counties and cities within the Puget Sound drainage basin to adopt ordinances to control runoff from new development and redevelopment by January 1, 1995. The plan also directs local governments to adopt stormwater programs, which include minimum requirements for new development and redevelopment set by the plan and in guidance developed by Ecology.
(3)
Stormwater is a problem associated with land utilization and development and common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, animal wastes and numerous others.
Land utilization and development is also known to increase both the volume and duration of peak flows. The resulting erosion, scouring, and deposition of sediment affect the ecological balance in the stream.
Sedimentation and stormwater pollution cause diversity of species to decrease and allows more tolerant (and usually less desirable) species to remain.
Stormwater pollution can cause or contribute to closures of shellfish beds and swimming beaches and other restrictions on public use of the waters within Mason County.
(4)
An expanding population and increased development of land have led to:
(A)
Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including, without limitation, insect and weed control compounds;
(B)
Drainage and storm and surface water runoff problems within Mason County; and
(C)
Safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways.
(5)
Continuation of present stormwater practices, to the extent that they exist, will lead to water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the county.
(6)
In the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for stormwater quality and quantity controls.
(7)
Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs).
(8)
Best management practices can be expected to perform as intended only when properly designed, constructed and maintained.
(Ord. 81-08 (part), 2008).
The county finds that this chapter is necessary in order to:
(1)
Satisfy the mandate of Ecology as identified in this section;
(2)
Minimize or eliminate water quality degradation;
(3)
Prevent erosion and sedimentation in creeks, streams, ponds, lakes and other water bodies;
(4)
Protect property owners adjacent to existing and developing lands from the undesirable impacts of increased runoff rates;
(5)
Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses;
(6)
Preserve and enhance the aesthetic quality of the water;
(7)
Promote sound development policies, which respect and preserve county surface water and sediment;
(8)
Ensure the safety of county roads and rights-of-way;
(9)
Decrease stormwater-related damage to public and private property from existing and future runoff;
(10)
To protect the health, safety and welfare of the inhabitants of the county.
(Ord. 81-08 (part), 2008).
The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within Mason County. The provisions of this chapter establish the minimum level of compliance, which must be met to permit a property to be developed or redeveloped within Mason County.
It is the purpose of this chapter to:
(1)
Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies;
(2)
Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;
(3)
Maintain and protect groundwater resources;
(4)
Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns;
(5)
Decrease potential landslide, flood and erosion damage to public and private property;
(6)
Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrological conditions;
(7)
Maintain and protect the county stormwater infrastructure and those downstream;
(8)
Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts; and
(9)
Provide guidance on development and construction procedures, which will encourage the preservation of existing natural vegetation to the maximum extent practicable.
(Ord. 81-08 (part), 2008).