15.42.010 Findings of fact – Need and purpose.
A. Findings of Fact. The city council of the city of Bellingham hereby finds that:
1. Stormwater pollution is a problem associated with land utilization and development and the common use of potential pollutants such as pesticides, fertilizers, petroleum products, and numerous others.
Land utilization and development is also known to increase both the volume and speed of peak flows. The resulting erosion, scouring, deposition of sediment, and flooding affect the ecological balance in the stream and present safety hazards to both life and property.
Sedimentation and stormwater pollution cause diversity of species to decrease and allow more tolerant (and usually less desirable) species to remain.
Stormwater facilities are a common feature of urban development which must be maintained in order to prevent damage to the public and/or pollution of surface and ground water.
2. 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.
3. Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs).
4. Best management practices can be expected to perform as intended only when properly designed, constructed and maintained.
B. Need. The city council finds that this chapter is necessary in order to guide and advise all who make use of, contribute water to, or alter the city drainage system, and to ensure maintenance of all stormwater facilities within the city by setting minimum standards for their inspection and maintenance.
C. Purpose. It is the purpose of this chapter to:
1. Minimize water quality degradation in streams, ponds, lakes, wetlands and other water bodies;
2. Minimize the degradation of habitat and habitat forming processes in streams, ponds, lakes, wetlands, and other water bodies;
3. Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;
4. Promote site planning and construction practices that are consistent with natural geological, topographical, vegetational and hydrological conditions;
5. Maintain and protect the city’s stormwater management infrastructure and those downstream;
6. Minimize disruption of hydrologic functions, patterns, and processes;
7. Provide compliance with federal, state and local requirements for stormwater management and water quality.
This chapter is not intended to create a special relationship with any individual or individuals, nor to identify and protect any particular class of persons. It is not the intent of this chapter to impose liability upon the city for failure to perform any discretionary act or failure to enforce the provisions of this chapter. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner and/or contractor. Neither the city nor any officer, agent, or employee thereof shall incur or be held as assuming any liability by reason or in consequence of any permission, inspection or approval authorized herein, or issued as provided herein, or by reason or consequence of anything done or act performed pursuant to the provisions of this chapter. [Ord. 2009-06-041; Ord. 2006-05-047; Ord. 10633, 1995].