30.63A.590 Minimum requirement 9: Easements granted to the county.
(1) Except as provided in subsection (10) of this section, easements shall be granted to the county for the right to enter onto privately owned property, at the county’s discretion, for the purpose of accessing, inspecting, maintaining, modifying or replacing the following types of privately owned drainage facilities, stormwater facilities or other stormwater BMPs:
(a) All stormwater flow control facilities and stormwater treatment facilities designed and constructed to meet the requirements of SCC 30.63A.530 or 30.63A.550; and
(b) Conveyance systems that conduct stormwater from a public right-of-way, private tract or public easement to drainage facilities, stormwater facilities, stormwater BMPs, conveyance systems or waters of the state.
(2) All easements granted to the county under subsection (1) of this section shall include access rights from an open public right-of-way.
(3) Drainage easements granted to the county pursuant to subsection (1) of this section shall be 20 feet in width unless:
(a) The drainage facility, stormwater facility or other stormwater BMP is larger than 20 feet in width, in which case the easement size shall be increased appropriately;
(b) During plan review, the director requires an increase above the required easement width to the extent reasonably necessary to allow adequate maintenance of the proposed drainage facility, stormwater facility or other stormwater BMP, or to accommodate existing site conditions, when the director determines that there are special circumstances applicable to the site or the intended use for which a wider easement is reasonably necessary; or
(c) During plan review, the director may reduce the easement width, if the director determines that there are special circumstances applicable to the site or the intended use. These circumstances may include, but are not limited to, shape, topography, location, or surroundings that do not generally occur on other sites and that render it infeasible to provide the standard width easement, provided that the director also determines the proposed drainage facility, stormwater facility or other stormwater BMP can be adequately inspected and maintained with a reduced easement width.
(4) The director of the department of public works and the director of the department of conservation and natural resources shall have the authority to modify existing drainage easement widths consistent with the criteria set forth in subsection (3) of this section without requiring an applicant to follow the modification process in SCC 30.63A.830.
(5) All drainage easements granted pursuant to subsection (1) of this section shall be in a form specified by the director, and shall include a covenant requiring the owner(s) of the property at issue to regularly inspect and maintain the drainage facilities, stormwater facilities, LID BMPs, or stormwater BMPs located within the easement area. All persons having an ownership interest in the property at issue shall execute and acknowledge the easement document, which shall be recorded.
(6) Should the county determine, at any time, that the property owner(s) have not performed the required inspection and maintenance of the drainage facilities, stormwater facilities or stormwater BMPs located within a drainage easement granted pursuant to subsection (1) of this section, the county may cause such inspection and/or maintenance to be performed, and the property owner(s) shall reimburse the county for the cost of any such work.
(7) Prior to accepting an easement granted pursuant to subsection (1) of this section, the director may require the removal of all obstructions or encumbrances located in, on, above, upon, over, under, across or through the easement area which are inconsistent with the purposes for which the easement is being granted.
(8) No fill, structures, fences, walls, rip rap, buildings or other similar obstructions to access or restrictions to the flow of water may be placed within the easement area without the written consent of the director. Obstructions placed within an easement area in violation of this restriction may be removed by the county at the sole expense of the property owner(s), and the property owner(s) shall reimburse the county for the cost of removal.
(9) Payments due to the county under subsections (6) and (8) of this section shall be made within 90 days of the day the county submits a bill for costs. In the event of nonpayment, the county may bring suit to recover such removal costs, including its attorneys’ fees, and upon obtaining a judgment, such amount shall become a lien against the property of the owner as provided in RCW 4.56.190.
(10) The director may exempt single-family residential development or redevelopment from the requirement to record an easement under subsection (1) of this section provided all of the following apply:
(a) The proposed project is for construction, reconstruction or remodel of a single-family residence or appurtenance;
(b) The project site is on an existing lot 100,000 square feet or larger located outside of any Urban Growth Area;
(c) The project site is outside of all critical areas, together with the buffers of and setbacks from critical areas, except that such activities may occur within floodplains and aquifer recharge areas of low or moderate sensitivity to groundwater contamination, and except that dispersion of stormwater may be allowed per BMP T5.30 in a critical area buffer;
(d) The project site does not drain, either directly or indirectly, to any existing or planned municipal separate storm sewer system according to the criteria in SCC 30.63A.210(3); and
(e) The project applicant records the approved stormwater site plan with the county auditor. The recorded stormwater site plan must include the following statement, "The property owner is responsible for inspecting and maintaining all stormwater facilities required by chapter 7.54 SCC." (Added by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-102, Jan. 11, 2016, Eff date Jan. 22, 2016; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021; Amended by Amended Ord. 21-025, June 16, 2021, Eff date July 1, 2021).