HomeMy WebLinkAbout4492 1 ORDINANC~ NO. 4 4 9 2 /~ ~Z~ ~
2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING
3 AUBURN CITY CODE CHAPTER 13.48 ENTITLED "STORN DRAINAGE
UTILITY" AND REPLACING IT WITH A NEW AUBURN CITY CODE CHAPTER
4 13.48 ENTITLED *'STORM DRAINAGE UTILITY" FOR THE PURPOSE OF
5 CLA~IFICATIONANDiM4~NDHENT.
6 WHEREAS, in 1986 pursuant to Ordinance No. 4193, the City
7 Council of the City of Auburn established a storm drainage
8 utility which was thereafter codified as Auburn City Code
9 Chapter 13.48, Sections 13.48.010 through 13.48.080; and
10 WHEREAS, in 1986 pursuant to Ordinance No. 4194, the City
11 Council established rates and charges for the administration
12 and operation of the storm drainage utility which were then
13 codified in Sections 13.48.090 through 13.48.160; and
14 WHEREAS, in 1986 pursuant to Ordinance 4195, the City
15 Council established regulations relating to the storm drainage
16 utility which were then codified in Sections 13.48.170 through
17 13.48.470; and
18 WHEREAS, on December 17, 1990, pursuant to Ordinance No.
19 4479, the city Council amended Chapter 13.48; and
20 WHEREAS, the Council now finds that the intent of the
21 amendments to Auburn City Code Chapter 13.48 entitled *'Storm
22
Drainage Utility" as contained in Ordinance No. 4479 approved
23
by the City Council on December 17, 1990, requires
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26
Ordinance No. 4492
March 18, 1991
Page l
by the City Council on December 17, 1990, requires
clarification; and
3
WHEREAS, the Council now finds that minor reorganization
4
of Chapter 13.48 is also appropriate;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
7
Seotion 1. The purpose of this Ordinance is to repeal
8
Auburn City Code Chapter 13.48 entitled "Storm Drainage
Utility" contained in Auburn City Code Title 13 entitled
]0
"Water, Sewers and Public Utilities" and to reenact it with a
new Auburn City Code Chapter 13.48 entitled "Storm Drainage
]2
Utility."
Section 2. The Auburn City Council hereby reviews and
re-establishes the findings in Ordinance Nos. 4193, 4194 and
4195 as the basis for the reenactment of Auburn City Code
Chapter 13.48.
17
Section 3. Auburn City Code Chapter 13.48 entitled
]8
"Storm Drainage Utility" approved and amended in Ordinance
]9
Nos. 4193 (1986), 4194 (1986), 4195 (1986), 4257 (1987), and
20
4479 (1990) contained in Auburn City Code Title 13 entitled
22 "Water, Sewers and Public Utilities" is herewith repealed in
its entirety.
23
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Ordinance No. 4492
March 13, 1991
Page 2
]
Section 4. A new Chapter 13.48 entitled "Storm Drainage
S Utility" is hereby approved to replace the repealed Chapter
13.48 and is set out in its entirety in Exhibit "A" attached
4
hereto and incorporated herein.
5
Section 5. R~TROACTIVE APPLICATION. Any acts made
6
consistent with the authority and prior to the effective date
of this Ordinance are hereby ratified and confirmed.
8
Section 6. The Mayor is hereby authorized to implement
9
such administrative procedures as may be necessary to carry
10
out the directions of this legislation.
11
Section 7. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
lS
14 publication as provided by law.
15
23 MAYOR
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26
Ordinance No. 4492
March 13, 1991
Page 3
1
2
3
ATTEST:
4
Robin Wohlhueter,
7 City Clerk
8
9
APPROVED AS TO FORM:
10
Stephen R. Shelton,
13 City Attorney
14
16 PUBLISHED:
17
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O~inar~,e ~o. 449a
March 13, 1991
Page 4
ORDINlsdiC[ NO, 4492, IXHIBIT "1"
1
2 Chapter Z3,48
3 STORM DRIINIGE UTILITY
Sections:
I. Establishment and Administzation
5 13.48.010 Definitions.
13.48.020 Established.
6 13.48.030 Storm drainage system defined.
13.48.040 Transfer of storm drainage system from street
7 department to storm drainage utility.
13.48.050 Utility administration authority.
8 13.48.060 Authority to establish rates and charges.
13.48.070 Storm drainage utility fund.
9 13.48.080 Storm drainage utility system responsibility.
10 II. Rates and ChaEges
13.48.090 System of charges.
11 13.48.100 Charges.
13.48.110 Measurement of impervious area.
12 13.48.120 Billing and collection.
13.48.130 Rate reductions.
13 13.48.140 Rate exemptions.
13.48.150 Appeals.
14
III. Regulations
15 13.48.160 Damage to system prohibited.
13.48.170 Trespassing prohibited.
16
13.48.180 Inspection and compliance with storm drainage
17 requirements.
13.48.190 Cross connections prohibited.
13.48.200 Trees or shrubs obstructing storm sewers
18 prohibited.
13.48.210 Water quality.
19
13.48.220 Easements.
13.48.230 Connections.
20
13.48.240 Connection procedures-Permit required.
13.48.250 Permit-Duration.
21
13.48.260 Permits for additional work.
22 13.48.270 Permit-Posting.
13.48.280 Permit-Inspection notice.
23 13.48.290 Inspection and approval.
13.48.300 Restoration of public property.
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Ordinance No. 4492 - Exhibit 'A'
March 12, 1991
Page I
1 13.48.310 Work in city right-of-way.
13.48,320 Excavation protection.
2 13.48,330 System inspection and connection permit fee.
13.48,340 Repair permit fee.
3 13.48,350 Connection fees-Charge in lieu of assessments.
13.48,360 Payback agreement.
4 13.48,370 Storm drainage extension-Adoption of design
manuals.
5 13.48,380 Public storm drainage improvements.
13.48,390 Minimum facility size.
6 13.48,400 Oversizing.
13.48.410 Developer's Public Facility Extension Manual
7 adopted.
13.48,420 Flood hazard areas-Flood control zone permits.
8 13.48.430 As-built requirements.
13.48.440 Maintenance responsibility.
9 13.48.450 Violation-Penalty.
lO
11 I. Establishment and Administration
13.48.010 Definitions.
12
The following words when used in this chapter shall have
the following meanings unless the context clearly indicates
]4
otherwise:
15
A. "City" means the City of Auburn, Washington, a
18
]7 municipal corporation created and existing under the
laws of the State of Washington.
18
B. "Detention" means the temporary storage of storm and
19
surface water runoff with provisions for the
20
controlled release of the stored water.
21
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Ordinance No. 4492 - Exhibit 'A' CE-4/.92)
March 12, 1991
Page 2
C. "Developer's Design Manual" means the manual of
civil site plan and facility extension plan
3
4 requirements established by the city's public works
department for storm drainage, water, sanitary
sewer, and street design.
D. "Developer's Design Manual Supplement" means the
manual of fill and grading/erosion control plan
8
requirements established by the city's public works
10 department for storm drainage and erosion control
]] design associated with fill and/or grading projects.
E. "Developer's Public Facility Extension Manual" means
the manual of the requirements, established by the
lS
14 City's public works department for the construction
of publicly owned facilities by private developers
~5
16 consisting of storm drainage, water, sanitary sewer,
and street.
F. "Equivalent service unit" (ESU) means a
]8
configuration of development or impervious surfaces
estimated to contribute an amount of runoff to the
20
city's storm drainage system which is approximately
equal to that created by the average single-family
residential parcel. One ESU is equal to two
OrdinanceNo. 4492-[xbi~'A'(E-~g2)
M~ch12,1991
Page3
thousand six hundred square feet of impervious
surface area or any portion thereof.
G. "Impervious surface multiplier" means a multiplier
4
used in the city's storm utility rate formula which
reflects the hydraulic impact of increasing
7 percentages of impervious surface area. The effect
of such multiplier is to increase the monthly
8
service charge for parcels having a higher ratio of
10 impervious surface area to total surface area.
H. "Impervious surface" means that hard surface area
which either prevents or retards the entry of water
into the soil mantle as it entered under natural
13
conditions preexistent to development and/or that
14
hard surface area which causes water to run off the
surface in greater quantities or at an increased
rate of flow from that present under natural
17
conditions preexistent to development. Common
~8
19 impervious surfaces include, but are not limited to,
20 rooftops, concrete or asphalt paving, walkways,
21 patios, driveways, parking lots or storage areas,
and oiled, gravel or other surfaces which similarly
23 impede the natural infiltration of surface water.
Ordinance No. 4492 - [xhi~ 'A'
March 12, 1991
Page 4
I. "Parcel" means the smallest separately segregated
unit or plot of land having an identified owner,
3
4 boundaries, and surface area which is documented for
tax purpose and given a tax lot number by the King
6 County assessor.
J. Parcel - Agricultural. "Agricultural parcel" means
7
8 any parcel of land upon which the principal current
land use is for producing crops or raising livestock
and may include barns, greenhouses, and other
]0
nondwelling structures related to farming
activities. Agriculture parcels that contain one or
more dwelling units shall be assessed the
13
14 corresponding residential parcel charge~ i.e.,
~5 single-family, multifamily two residential units and
18 multifamily three residential units.
K. Parcel - Developed. "Developed parcel" means any
~8 parcel which has been altered by grading or filling
of the ground surface, or by construction of any
20 improvement or other impervious surface area which
affects the hydraulic properties of the parcel.
22 L. Parcel - Single-family residential. "Single-family
2S residential parcel" means any parcel of land having
Ordi~snoe No. 4492 -
Page S
]
on it a single detached dwelling unit which is
3 designed for occupancy by one family or a similar
4 group of people.
M. Parcel - Multifamily - Two Residential Units.
5
6 "Multifamily two residential unit parcel" means any
7 parcel of land having on it two dwelling units which
are designated for occupancy by two families or
8
similar groups of people.
9
N. Parcel - Multifamily - Three ResidentialUnits.
10
11 "Multifamily three residential unit parcel" means
12 any parcel of land having on it three dwelling units
which are designed for occupancy by three families
or similar groups of people.
14
O. Parcel - Undeveloped. "Undeveloped parcel" means
15
16 any parcel which has not been altered from its
natural state by grading or filling of the ground
17
18 surface, or by construction of any improvements or
other impervious surface area which affects the
19
20 hydraulic properties of the parcel.
21 P. "Retention" means the storage of storm and surface
22 water runoff with no provisions for release of the
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March 12, 1991
Page 6
stored water other than by evaporation and
infiltration.
3
Q. "Storm drainage facility" means any natural
4
5 stream/creek or person-made component of Auburn's
storm drainage system.
R. "Storm drainage system" means the total system of
storm drainage facilities as described in Section
8
13.48.030.
S. "Storm Drainage Design Manual" means the manual of
10
technical design considerations and requirements
11
established by the city's public works department
for the purpose of mitigating storm drainage-related
14 impacts associated with new development.
T. "Utility" means the city storm drainage utility
15
created by the ordinance codified in this chapter.
13.48.020 Established.
The city council creates and establishes for and on
18
behalf of the citizens of the city a storm drainage utility,
in accordance with and subject to the laws of the state
20
21 including the establishment of rates and charges therefor.
The city council further establishes that the storm drainage
Page 7
utility boundaries shall coincide with the legally established
boundaries of the city's corporate limits.
3
13,48,030 8reEl drainage system defined,
4
The city council declares that the "storm drainage
6 system" shall be defined as follows: Natural and manmade
storm drainage facilities used for the conveyance and/or
7
8 storage or water quality treatment of storm and surface water
within the boundaries established in Section 13,48,020
including, without limitation, all such properties, interests
and rights acquired by adverse possession or by prescription.
The definition also includes the conveyance or storage of
storm and surface waters that flow through, under, or over
]3
14 lands, land forms, water courses, sloughs, streams, ponds,
15 rivers, lakes and swamps, beginning at a point where storm or
surface waters enter the city system and ending at a point
~6
where such storm or surface waters exit from the city's storm
]7
and surface water system, and in width to the full extent of
18
inundation caused by storm or flood conditions.
20 13,4S.040 Transfer of storm drainage system from street
department to storm drainage utility.
The city council expressly finds that the value of the
existing public storm drainage system, as defined in Section
13.48.030, is equal to the value of release from primary
24
25
O~inance No. 4492 - Exhib~ "A' (E-~92)
Pa~e 8
2 responsibility of the street department, insofar as they
relate to or concern storm or surface waters, and they are
3
transferred to and subject to the administration of the
4
5 utility created by the ordinance codified in this article,
and, therefore, the street department is released from such
7 primary responsibility.
13.48.050 Utility administration authority.
8
The city's storm drainage utility herein created shall be
9
administered by the city public works department in such a
l0
manner as the city council shall provide.
11
13.48.060 Authority to establish rates and charges.
12
A. The city shall establish by ordinance, rate
13
]4 classifications, service charges, inspection and
15 permit fees, application and connection fees, and
such other fees and charges necessary and sufficient
16
in the opinion of the city council to pay for the
17
18 following:
]9 1. The costs associated with the development,
20 adoption and implementation of a comprehensive
21 storm drainage utility master plan;
22 2. The costs, including debt service and related
23 financing expenses, of the construction and
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26
O~inanceNo. 449Z-Exhibit"A"(E-~92)
Mamh12,1991
Page9
reconstruction of storm drainage and water
quality facilities necessary and required for
the handling of storm and surface waters that
benefit the service area but not presently in
existence~
3. The operation, repair, maintenance,
improvement, replacement and reconstruction of
storm drainage facilities that benefit the
service area which presently exists~
4. The purchase of a fee or lesser interest,
including easements, in land which may be
necessary for the storm drainage system in the
service area including, but not limited to,
land necessary for the installation and
construction of storm drainage facilities and
all other facilities and including retention
and detention facilities and water quality
facilities which are reasonably required for
proper and adequate handling of storm waters
for the benefit of the service area~
5. The costs of monitoring, inspection,
enforcement, and administration of the utility
O~SnaDce No. 4492 - [xhS~ 'A'
M~ch 12, 1991
Page 10
]
2 including, but not limited to, water quality
3 surveillance, private maintenance inspection,
4 construction inspection, and other activities
5 which are reasonably required for the proper
6 and adequate implementation of the city's storm
7 and surface water policies.
B. The fees and charges to be paid and collected
8
9 pursuant hereto shall not be used for general or
other governmental or proprietary purposes of the
l0
l~ city except to pay for the equitable share of the
costs of accounting, management, and government
thereof incurred on behalf of the utility.
13.48.070 Stor~ drainage utility fund.
14
The city council creates and establishes a special fund
to be known and designated as the storm drainage utility fund.
All utility service charges collected shall be deposited in
17
18 this fund for the purpose of paying all or any part of the
~9 cost and expense for planning, administering, constructing,
20 acquiring, maintaining, operating, and improving utility
2~ facilities. Moneys in this fund shall be assigned to a
22 specific account within the utility as designated by the city
23 council. The department of finance shall maintain a separate
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O~8nance No. 4492 - ~xbib~
Ma~h 12, 1991
Page 11
record of accounts showing the receipts and disbursements of
each and every account assigned to this fund.
3
13.48.080 Storm ~ra~nage utility system responsibility.
4
The responsibility for the maintenance and operation of
the storm drainage utility system shall be by the public works
7 operations manager, in such manner as the city council shall
8 provide.
10 II. Rates and Charges.
13.48.090 Byetel of oharges.
1!
A. There is imposed a system of charges on each parcel
of real property within the city to operate the
]3
storm drainage utility established by this chapter.
14
B. The charges are deemed reasonable and necessary to
fund administration, planning, design, construction,
]6
17 operation, maintenance, repair, improvement, and
]8 replacement of all existing and future storm and
surface water facilities, including the accumulation
19
20 of reserves and the retirement of any associated
2 ] debt.
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Ordinance No. 4492 - Exhibit 'A' (E-4492)
March 12, 1991
Page 12
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13,48,100 ChaEges.
The following charges are established for all parcels of
3 real property in the city:
4
A. Single-family Residential Parcels: The single-
5 family residential monthly charge shall be in
8 accordance with the following schedule:
7
1. As of January 1st, 1991 - $3.50/Residential
8 Parcel
2. As of January 1st, 1992 - $4.00/Residential
9 Parcel
lO
3. As of January 1st, 1993 - $4.50/Residential
11 Parcel
4. As of January 1st, 1994 - $5.00/Residential
12 Parcel
73
5. As of January 1st, 1995 - $5.50/Residential
~4 Parcel
15 And thereafter at the January 1st, 1995 rate
A6 until further modified by city council action.
B. Multifamily Two Residential Unit Parcels. The two
17
18 residential unit charge shall be equivalent to the
]9 single-family rate per month for each parcel having
20 two residential dwellings. For residential parcels
21 that contain two attached dwelling units and have
22 two separate residential utility accounts, the storm
23 drainage utility user fee will be equally divided
24
Ordinance No. 4492 - Exhibit 'A' (E-4492)
March 12, 1991
Page 13
and each residential utility account charged the
appropriate account. For residential parcels that
contain two attached dwelling units and have one
4
commercial utility account, the storm drainage
6 utility user fee will be entirely assigned to the
7 single commercial utility account and charged the
8 appropriate amount.
C. Multifamily Three Residential Unit Parcels. The
three residential unit charge shall be equivalent to
]0
the single-family rate per month for each parcel
]2 having three residential dwellings. For residential
]3 parcels that contain three attached dwelling units
and have three separate residential utility
]5 accounts, the storm drainage utility user fee will
be equally divided and each residential utility
account charged the appropriate amount. For
17
residential parcels that contain three attached
]8
]9 dwelling units and have one commercial utility
20 account, the storm drainage utility user fee will be
2] entirely assigned to the single commercial utility
22 account and charged the appropriate amount.
23
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O~inance No. 4492 - ~x~ib~ ~' (E-~)
Mamh 12, 1991
Page 14
1
D. Agricultural Parcels. Agricultural parcels that do
not contain a dwelling unit shall not be charged.
3
4 Agricultural parcels that contain one or more
5 dwelling units shall be assessed the appropriate
residential parcel charge~ i.e., single-family,
6
7 multifamily two residential units and multifamily
three residential units.
8
E. The minimum charge subject to any applicable parcel
shall be one ESU as defined in Section 13.48.090.
10
F. Undeveloped Parcels. Undeveloped parcels shall not
be charged.
G. Other Parcels.
13
1. The charge for all other parcels except single-
15 family, multifamily two and three residential
16 unit parcels, agricultural parcels, and
17 undeveloped parcels shall be based upon the
18 following formula:
10 TNESU · ISM · RATE = Assessment Charge.
20 TNESU - Total number of equivalent service
21 units contained on the parcel. An
22 equivalent service unit has been
23 determined to be two thousand six
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25
Ordinance No. 4492 - Exhibit 'A' (E-~92)
March 12, 1991
Page 15
1
2 hundred square feet of impervious
3 surface or any fraction thereof.
4 ISM - Impervious surface multiplier as
5 determined by calculating the
6 percentage of impervious surface
7 coverage on the parcel as defined in
8 Section 13.48.090.
9 RATE - The rate assigned to an equivalent
10 service unit as defined in Section
11 13.48.090.
2. Impervious surface multipliers are established.
lS a. Peroentage of
Impervious Area
Per Paroel (Impervious
14 Surfaoe Area
Divided by the Impervious
15 Total SurfaoeArea X 100) Multiplier
16 1 to 40 1.0
41 to 50 1.1
17 51 to 60 1.2
61 to 70 1.3
18 71 to 80 1.4
81 to 90 1.5
19 91 to 100 1.6
20
2] b. Impervious surface multipliers correlate
22 the theoretical hydraulic impact of a
23 parcel to its percentage of imperious
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26
O~inanceNo. 449Z-Exhib~'A'(E-~)
Mamh12,1991
Page16
2 surface. The multiplier for the average
3 single-family residence is established at
4 1. The multiplier linearly increases as
5 the percentage of impervious area
6 increases. The largest multiplier has a
7 value of 1.6 which is reflective of its
8 hydraulic impact on the drainage system as
9 compared to that of the average single-
]0 family residence.
13.48.110 Measurement of Impervious area.
The director or public works shall determine the number
of square feet of impervious surface in all nonsingle-family,
13
14 multifamily two and multifamily three residential unit
~5 parcels, excluding agricultural and undeveloped parcels, and
the total surface area of each parcel of real property,
17 through the records of the King County assessor and through
18 aerial photographic methods, provided that the methods used
19 ensure accuracy to one-tenth of an equivalent service unit as
20 defined herein.
21 13.48.120 Billing and collection.
22 Storm drainage utility charges for each parcel of real
23 property within the city shall be billed on a bimonthly basis.
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26
Ordinance No. 4492 - Exhib~ "A' (E-~92)
M~ch 12, 1991
Page 17
The amount billed shall be included on the sanitary sewer bill
or on the water or garbage bill if not served by the sewer
3
4 utility. A separate billing shall be made to those property
owners within the city who are not city water, garbage or
sanitary sewer customers.
A. Utility Bill Collection Outlets. The collection of
7
8 municipality utility bills may be made by the local
merchants as designated in Section 13.28.010.
B. Order of Payment. Payments received for utility
]0
bills shall be applied towards the following bills
in the order of priority shown:
1. Storm
]3
2. Garbage
3. Sewer
14
4. Water
C. Service Charges - Payment Delinquencies. The
16 foregoing service charges for storm and surface
water shall be due and payable at the same time as
18
fixed by Section 13.04.300.
D. Charges Constitute Lien. All charges for storm and
20
surface water, including service charges, together
with penalties and interest referred to in this
article shall constitute a lien upon the property
from which such charges are due, superior to all
Ordinance No. 4492 - Exhibit 'A' (E-~z~92)
March 12, 1991
Page 18
other liens and encumbrances whatsoever, except for
3 general taxes and local special assessments.
Enforcement of such lien shall be in the manner
4
5 provided by law.
13.48.130 Rate reduction.
6
The director of public works may reduce the normal storm
8 drainage utility charge for a parcel of real property that
satisfies one or more of the following conditions:
9
A. The owner of a parcel, other than a residential
10
11 parcel, as stated in Section 13.48.090, that has
installed an approved on-site retention system which
12
13 substantially reduces the rate of flow expected
after the development of such a parcel. No
14
reductions will be made for mitigative measures
15
which are required to meet any ordnance,
16
17 regulations, other control or standard established
18 by the city, King County or the state of Washington.
Such reductions shall be commensurate with the
19
20 mitigating effects so that the reduction in rates
21 will be in approximate proportion to the reduction
22 in runoff. In no case shall such a reduction result
23 in a rate less than the monthly charge for a single-
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26
O~inance No. 4492 - Exhib~ 'A'
Mamh 12, 1991
Page 19
2 family residential parcel. Such a reduction will
remain in effect as long as:
3
1. The owner of such a system has obtained the
4
5 proper permits and constructed the system
8 according to plans approved by the director of
7 public works.
2. The owner remains responsible for all costs of
8
9 operation and maintenance of the system
]0 (consistent with city standards).
3. The director of public works has access for
]2 inspection of the system to determine if it is
]3 in compliance with design and maintenance
]4 standards and functioning properly.
4. In the event that a parcel of property is
]6 incorrectly assessed as determined through the
]7 hearing process, such parcel will be credited
18 in the amount equal to the difference between
19 the two assessments.
20 B. Individuals who qualify for a senior citizen's or
2~ disabled citizen's rate exemption as defined in
22 Section 13.24.010 shall be eligible for a reduction
23 as identified in Section 13.24.050.
24
March12,1991
Page20
]
C. A parcel of real property that contains a major
extra capacity storm drainage storage/conveyance
4 channel, and ie privately owned, maintained and
5 operated, may be eligible to partially or completely
substitute an acceptable in-kind service in the
7 place of the storm drainage utility charge. The in-
kind service shall consist of a regular maintenance
8
9 program to clean, redefine and enhance the storage
and conveyance characteristics of the channel or
]0
ditch. The in-kind service will be required to be
comparable in monetary value and each parcel will be
evaluated on a case-by-case basis.
13
D. A parcel of real property other than a residential
]5 parcel (i.e., residential single-dwelling unit, two-
dwelling units or three-dwelling units) that solely
utilizes a direct storm water discharge to a major
watercourse in which the city holds no
]9 responsibility for maintenance, operation,
20 construction, etc., shall be subject to a reduction
21 in the utility charge based on the reduced impact to
22 the city storm drainage system. Each parcel that
23
24
O~Snance No. 4492 - ~xhi~ 'A'
M~ch 1~ 1991
Page 21
2 qualifies under this category will be evaluated on a
3 case-by-case basis.
13.48.140 Rate exemptions.
4
The director of public works may provide exemptions for
the following parcels of real property:
A. A parcel of real property upon which the principal
7
current land use is for producing crops or rising
8
livestock and does not contain a dwelling unit;
B. All public rights-of-way that are owned and operated
10
11 by the city, King County or the Washington State
12 Department of Transportation;
C. A parcel of real property that is in an undeveloped
13
or natural state.
14
13.48.150 APPEALS.
A. Filing.
1. Any owner or owners who dispute the amount of
17
their charges or who dispute any determination made
]8
19 by or on behalf of the city pursuant to and by
20 authority of Sections 13.48.090 through 13.48,150
21 may petition the public works director in writing
22 for a hearing on a revision or modification of such
23 charge or determination, no later than thirty days
24
25
26
O~inance No. 4492 - Exhib~ 'A'
M~ch 12, 1991
Page 22
after having been billed for such charge or after
having been notified of such determination. Such
petition shall be filed with the office of the
public works department upon payment of ten dollars,
which will be refundable if the proposed appeal is
approved. The petition shall identify the property,
describe all improvements or proposed improvements,
and allege specific errors in a charge or the basis
for the challenge of a determination.
a. For purposes of this section, notice.of
determination shall be effective upon the date
of mailing, postage prepaid to the address of
the person seeking the determination. Notice
of charges shall be the monthly account billing
date, provided that a reduction or increase in
charges shall only be allowed from that billing
date forward for which an appeal is filed.
b. Any owner or owners who are actively seeking an
appeal to the storm drainage utility charge
shall continue to pay the charge until a final
determination is made on the appeal. Upon
final determination by the public works
Ma~h 12. 1991
Page 23
2 director, any owner or owners who have been
3 charged incorrectly shall be refunded such
4 overcharges with interest. The interest rate
5 shall be determined by the city finance
6 director.
B. Hearing.
7
1. Upon receiving such a petition, the public
8
9 works director shall schedule a hearing with
10 the petitioner within thirty days. Notice of
11 the hearing shall be provided to the petitioner
12 at least ten days prior to the hearing.
13 Following the hearing, a final determination
14 shall be made by the public works director and
15 the petitioner so notified within thirty days.
16 2. All decisions of the public works director
17 shall be based upon sound engineering practices
18 as they relate to storm and surface water
19 drainage.
20 3. Nothing in this section shall be construed as
21 granting any right of judicial review which
22 does not previously exist in law. The decision
23 of the public works director shall be final and
24
25
26
O~inance No. 4492 - Exhib~ ~" (E-~92)
Mamh 12, 1991
Page 24
2 conclusive. A writ of review must be sought in
S the superior court of King County, if at all,
4 by an aggrieved party or person within fourteen
5 calendar days of the effective date of the
8 public works director's decision.
8 III. REGOLATIONS
13.48.160 Damage to system prohibited.
No person shall maliciously, willfully or negligently
10
break, damage, destroy, uncover, deface or tamper with any
11
structure, appurtenance or equipment which is part of the
13 public storm drainage system.
lS.4S.170 Trespassing prohibited.
14
It is unlawful for any person to trespass or be upon the
lands and premises of the city, lawfully enclosed by fences,
~7 upon which any public storm drainage facility is situated,
unless duly authorized by the city.
18
]9 13.48.180 Inspection and compliance with storm drainage
requirements.
20
A. Duly authorized personnel of the city shall have
21
free access to private property at hours subject to
the provisions of Section 1.20.010 for the purpose
23
of inspecting private storm drainage systems, the
24
25
26
Ordinance No. 4492 - Exhibit 'A' (Eo6492)
March 12, 1991
Page 25
manner in which they are being used, and the
satisfactory compliance with the provisions of this
article.
B. Any property where the existing storm drainage
facilities were constructed per approved
construction plans conforming to Chapter 15.72, and
as replaced herein, found to be in nonconformance
with such plans, shall be required to correct all
such nonconformances as directed by the city. If,
after proper notice, the property owner does not
comply with set requirements as directed by the
city, then the city shall have the authority to
correct such nonconformances and bill the property
owner for all reasonable costs. Any delinquent
payments shall constitute a lien as fixed by Section
13.04.300.
13.48.190 Cross oonneotions
The installation or maintenance of any cross connection
pertaining to the connection between any storm drainage system
and any sanitary sewer system is prohibited. Any such cross
connections now existing or hereafter installed are a nuisance
and shall be abated immediately. If, after proper notice, the
O~ina~ce No. 4492 - ~x~ib~ ~'
M~ch 12, 1991
Page 26
2 property owner does not abate the cross connection as directed
by the city, then the city shall have the authority to abate
such connection(s) and bill the property owner for all
4
reasonable costs. Any delinquent payments shall constitute a
lien as fixed by Section 13.04,300.
13.48.200 Trees or shrubs obstruoting storm sewers
7 proh~bited.
8 It is unlawful to plant or maintain any tree or shrub
9 whose roots are likely to obstruct public or private storm
]0 drainage sewers.
13.48.210 Water quality.
A. It is unlawful for any individual, firm or
13 corporation to discharge into the public storm
]4 drainage system directly or indirectly any liquid or
]5 solid foreign substances of biodegradable or other
nature which shall cause the water quality to
]7
degrade from Class A water quality standards of the
]8
state of Washington herein adopted as part of this
article by reference unless the discharge is the
20
result of normal operation of public or private
parking lots or streets.
B. Products of erosion shall be prevented from entering
23
the public drainage system at all times, both during
OrdS~a~ceNo. 4492-~xhib~
M~ch12,1991
Page27
]
construction on the property and the subsequent
3 operation of the facilities provided. All trash and
debris shall be prohibited from entering the
4
5 drainage system at any point within the property.
13.48.220 Basements.
6
All public storm drainage systems shall be required to be
?
located within a recorded public storm drainage easement or
8
9 public right-of-way. An unobstructed ingress/egress
maintenance easement shall be provided for access to the storm
l0
1] drainage facilities. The minimum width of the required
12 drainage easement shall be adequate to encompass all
facilities and include room for access and maintenance, as
13
determined by the city.
14
13.48.230 Connections.
15
A. Required Connections. All nonsingle family
16
17 residential building permits shall be subject
18 to a mandatory connection to a public storm
19 drainage system where the development has the
20 potential to negatively impact public or
21 private property or receiving waters as
22 determined by the city engineer or whenever an
23 existing public system is available adjacent to
24
25
26
O~inance No. 4492 - Exhib~ ~" (E-~)
Much 12, 1991
Page 28
1
2 the site or where the public system is required
3 to be constructed adjacent to the property as a
4 condition of development.
5 B. Existing Nonconforming Connections.
6 1. Properties that utilize existing
7 nonconformingstorm drainage connections
8 and apply for a building permit to make an
9 addition, alteration or repairs of greater
10 than fifty percent of the'assessed
11 valuation of such structure shall be
12 required to bring such structure and
13 property into conformance with current
14 city storm drainage standards and
]5 regulations.
18 2. Properties that utilize existing
17 nonconforming storm drainage connections
18 and apply for a building permit to make
19 wholly interior improvements within the
20 existing structure shall not be required
21 to bring such structure and property into
22 conformance with current city storm
23 drainage standards and regulations.
24
25
26
O~inance No. 4492 - Exhibit ~' (E-~92)
M~Ch 12, 1991
Page 29
13.48.240 Collieorion prooe~ures-Permit required.
A. It is unlawful for any person to construct or
connect to a public or private storm drainage system
without first obtaining a written permit to do so
from the city.
B. It is unlawful for any person to repairor~replace
either a private or public storm drainage system
without first obtaining a written permit to do so
from the city, unless such repair or replacement
constitutes an emergency.
11
13o48.250 Psrmit-Dura~ion.
All permits issued under the provisions of this chapter
13
shall be valid for a period of twelve months, but the same may
14
be extended at the reasonable discretion of the public works
18 director without charge for a period of two months upon
application therefor, prior to the expiration of the time
18 originally limited in the permit. If the time extension is
not requested prior to the expiration of the time originally
limited in the permit, an additional fee equal to one-half the
original permit shall be charged if a time extension is
granted.
24
O~ina~ce No. 4492 -
M~c~ ~2, ~99~
~age 30
]
13,48.260 Permits for additional work,
When a permit has been issued for a private storm system
as provided by this chapter, no additional work shall be
4
undertaken outside the original scope of work without a new
5
6 permit being issued covering all such additional work.
13.48.270 Permit-Posting.
7
All storm drainage permits issued as provided by this
8
9 chapter shall be posted in some conspicuous place at or near
the work.
10
13.48.280 Permit-Inspection notice,
11
12 Any person performing work under any permit pursuant to
the provisions of this chapter shall notify the city's agent
13
as listed on the permit when the work will be ready for
14
15 inspection and shall specify in such notice the location of
the premises.
16
13.48.290 Inspection and approval.
17
A. If the city, upon inspection of the project, finds
18
that the work or material used is not in accordance
19
with the provisions of this chapter, the city shall
20
21 notify both the person performing the work and also
22 the owner of the premises by written notice. Such
23 notice shall be posted upon the premises and shall
24
26
M~ch 1~ 1991
Page 31
state the defects of the work and/or material found
in such inspection. A copy of such notice shall be
3
4 kept on file in the office of public works.
B. Upon the satisfactory completion of work as
8 designated on the permit in conformance with the
7 provisions of this chapter, the city shallsign off
the permit. A copy of such permit shall remain on
8
file with the city as a permanent record.
13.4S.300 Restoration of public property.
10
All streets, sidewalks, alleys, parkways, public
utilities, and other public property disturbed in the course
of private or public construction shall be restored or
14 replaced in a manner satisfactory to the public works
director.
15
13,48,310 Work in city right-of-way.
A. All work within the limits of any street right-of-
~8 way or any public easements must be pursued to
19 completion with due diligence, and if an excavation
20 is left open beyond a reasonable length of time, the
2~ city shall cause the same to be backfilled and
22 restored forthwith.
24
O~i~ance No. 4492 - ~xhib~ 'A'
M~ch ~ 2, 1991
Page 32
B. Any costs incurred by the city in backfilling or
restoring the excavation will be charged to the
property owner and/or developer. Any delinquent
payments shall constitute a lien, as fixed by
Section 13.04.300.
C. All contractors performinglwork within any existing
street right-of-way or any public easement shall
have a valid storm drainage permit covering the work
and shall be currently licensed and bonded with the
state during the course of the work. Such
contractor shall have a current liability insurance
policy, with the city specifically added as an
additional named insured in the policy, in force to
protect the contractor, the public, and the city
against liability for accidental injury to persons
or property in the following minimum amounts:
1. Bodily injury liability insurance for each
occurrence, one million dollars~
2. Property damage liability insurance for
each occurrence, one million dollars.
OrdSNanoe No. 4492 - ~xhSb~ 'A' (E-~92)
M~ch 12, 1991
Page 33
1
13.48.320 Exoavation proteotion.
2
All excavations for storm drainage systems installation
3
shall be properly safeguarded with lights and barricades
4
5 according to adopted city standards so that the same will not
be a menace to public safety.
13.48.330 8ysta inspeotion and oonnection permit fee.
A. A storm drainage system inspection and connection
8
9 permit fee shall cover the inspection costs of the
10 system to be connected and the permit to connect to
a public storm drainage system.
11
B. The fee shall be based on $0.25 per linear foot of
13 private storm system, as shown on the approved
]4 plans, or one hundred dollars, whichever is greater.
13.48.340 Repair permit fee.
]5
A. A storm drainage system repair permit fee shall
cover the inspection costs associated with the
17
]8 repair of any particular private storm drainage
]9 system.
20 B. The fee shall be twenty-five dollars for repairs of
2] private storm system located solely within private
22 property, and fifty dollars for those systems
23
24
25
26
Ordinance No. 4492 - Exhibit 'A' (E-6492)
March 12, 1991
Page 34
]
2 partially or completely located within an existing
3 public right-of-way or easement.
13.48.350 Con-eotion fees-Chazge in lieu of assessments.
4
A. The public works director is authorized and directed
5
on January 1, 1987, and thereafter, to compute and
establish connection fees for all public storm
7
8 drainage system improvements that have been
constructed with city funds upon the completion of
9
such improvements. All existing storm. drainage
10
facilities that have been constructed prior to
]1
]2 January 1, 1987, will not be subject to a charge in
lieu of assessments, unless such storm drainage
13
14 facility currently has an existing charge in lieu of
assessment agreement in place. Such charge in lieu
15
of assessment shall be based on the total project
16
cost and figured on either a front foot or area
17
assessment basis, or both, at the reasonable
18
discretion of the public works director. Such
]9
20 project costs shall include all associated design
21 and construction charges to the project.
22 B. All connections made to a public storm drainage
23 system from properties which have not been assessed
24
25
28
O~inance No. 4492 - Exhib~ %" CE-~92)
M~Ch 12, 1991
Page 35
or have not borne an equitable share of the cost to
such public system shall be subject to a charge in
3
lieu of assessment at the rate for the particular
4
storm drainage system as stated in subsection A of
5
this section. Such assessment charge shall be based
on the pro rata share of the public storm system at
7
the rate predetermined by the public works director.
8
9 Payment of the charge in lieu of assessment shall be
made in full, prior to connecting to'the~=public
10
storm drainage system.
13.48.360 Paybaok agreement.
A. A payback agreement shall be defined as an agreement
13
between the city and a property owner for the sole
14
15 purpose of reimbursing such owner for costs incurred
16 by that owner for the installation of a public storm
17 drainage system. Such system shall have a
18 reasonable possibility of directly benefiting future
~9 development by other properties within the area.
20 B. The payback reimbursement charge shall be based on
2~ the total project cost and figured on either a front
22 foot or area assessment basis, or both, at the
23 reasonable discretion of the public works director.
Ordinance No. 4492 - Exhibit 'A' CE-~92)
March 12, 1991
Page 36
]
The project costs shall include all associated
S design and construction charges of the project
submitted by the property owner and approved by the
4
5 city.
C. The public works director is authorized and directed
6
to execute payback agreements at the request of the
7
8 property owner upon council approval. The agreement
shall be executed in conformance with the city's
9
10 "Developer's Public FacilityExtension~Manual for
Storm Sewers, Sanitary Sewers, Water and Streets"
11
12 adopted in Section 13.48.430 herein. It shall be
the owner's responsibility to keep a current address
13
on record with the city at all times during the life
14
of the payback agreement.
15
D. All properties connecting to a public storm drainage
16
17 system for which a payback agreement is in force and
18 which property has not been assessed or has not
]9 borne an equitable share of the costs of such public
20 system, shall be subject to a payback connection
21 charge. The connection charge shall be based on a
22 pro rata share of the costs as stated in the payback
23 agreement, at the reasonable discretion of the
24
25
26
O~inance No. 4492 - Exhib~ "A" CE-U~)
M~ch 12, 1991
Page 37
1
2 public works director. Payment of the payback
3 charge shall be made in full to the owner designated
in the agreement and a release of acceptance of such
4
5 payment shall be provided to the city prior to
6 connecting to the public storm drainage system.
E. It shall be the city's duty to collect allsuch
7
8 appropriate connection charges and to remit such
9 moneys to the developer designated in the agreement
for the entire life of the agreement.
10
13.48.370 Storm drainage extensions-Adoption of design
11 manuals.
12
A. Storm Drainage Design Manual. There is adopted by
reference, upon the effective date of the Ordinance
14 codified in this Chapter, and upon filing with the
15 City Clerk one copy thereof, the "Storm Drainage
16 Design Manual'," and any amendments henceforth. All
17
public and private storm drainage systems shall be
18
designed and constructed in conformance with such
19
manual.
20
B. DeveloDer's Design Manual and Developer's Design
21
Manual Supplement. There is adopted by reference,
22
upon the effective date of the Ordinance codified in
23
this Chapter, and upon filing with the City Clerk
24
25
26
Ordinance No. 4492 - Exhibit "A' (E-4492)
March 12, 1991
Page 38
one copy thereof, the "Developer's Design Manual",
the "Developer's Design Manual Supplement", and any
3
amendments henceforth. All public and private storm
4
5 drainage systems shall be designed and constructed
in conformance with such manual.
13.48.380 Public storm dzainage improvements.
7
A. The city public works department is authorized and
8
directed to require reasonable off-site public storm
]0 drainage improvements necessitated by new
~] development. Such mitigating improvements shall be
made in addition to any other requirements of the
AS city for on-site improvements.
B. All public storm drainage extensions shall be
~4
extended to and across the full width of the
15
property to be served. No property shall be served
with public storm sewers unless such storm sewer
17
main is extended to the extreme boundary limit on
18
the property line extending the full length of the
20 front footage of the property. All storm system
21 extensions shall be designed using sound engineering
22 practices and sized in accordance with the
24
Ordifia~ce No. 44~2 - [xbi~ 'A'
M~ch 12, 1991
Page 39
comprehensive storm drainage plan to serve, to the
extent possible, adjacent and upstream properties.
3
13.48.390 Minimum faoilit~ size.
4
All public storm drainage pipe to be installed within the
5
service area of the city's storm utility boundaries shall be a
6
minimum of eight inches in diameter. All private storm
7
drainage pipe to be installed within such boundaries shall be
8
a minimum of six-inches in diameter.
9
13.48.400 Oversizing.
10
When it is deemed necessary by the city, as a condition
11
of development for the developer to install conveyance lines
12
larger than required to serve adjacent properties, such
development shall be eligible for a payback agreement as
14
stated in Section 13.48,380. The storm drainage utility may
15
participate in the cost to construct the oversizing upon
16
council approval.
17
13.4S.410 Developer,s Public Facility Extension Manual
18 adopted.
19 There is adopted by reference, upon the effective date of
20 the Ordinance codified in this Chapter, and upon filing with
21 the City Clerk one copy thereof, the "Developer's Public
22 Facility Extension Manual for Storm Sewers, Sanitary Sewers·
23
Water and Streets" and any amendments henceforth.
24
25
26
Ordinance No. 4492 - Exhibit "A" (E-/~92)
March 12, 1991
Page 40
1
2 13,48,420 Flood hazard tress-Flood oontrol sons permits,
The public works depar~nent is authorized and directed to
3
monitor and control all new development within flood hazard
4
areas in conformance wit~ ~he requirements of Chapter 15.68.
5
A permit application shall be required for all such
6
7 development within this area, The public works department
shall either issue or deny such permit upon review of the
8
9 application and shall have the authority to require all
reasonable mitigating measures deemed necessary due to the
10
1] development. The cost for the flood control zone permit shall
be fifty dollars for each application.
12
13,48,430 As-built requirements,
13
A. Private System As-builts, Prior to the city
15 approving a private storm drainage system for
16 operation, a registered professional civil engineer
17 shall supply to the city approved certified as-
18 builts of such system. The certification shall
19 guarantee that the storm drainage system will
20 function as designed and shall include all pertinent
21 discrepancies with the approved plan.
22 B. Public System As-builts. Certified as-builts shall
23 be required for all public storm drainage systems
24
25
26
Ordinance No. 4492 - Exhibit "A" CE-U92)
March 12, 1991
Page 41
]
2 pursuant to the "Developer's Public Facility
Extension Manual for Storm Sewers, Sanitary Sewers,
S
Water and Streetsw adopted in Section 13.48.430
4
herein. The certification shall guarantee that the
5
storm drainage system will function as designed and
shall include all pertinent discrepancies with the
8 approved plan.
13.48.440 Maintenance responsibility.
9
A. Private Maintenance Responsibility. The maintenance
10
and operation of private storm drainage systems
11
shall be the responsibility of the property owner.
B. Public Maintenance Responsibility. The city shall
be responsible for the maintenance and operation of
]4
all public storm drainage facilities located within
15
16 the public easements and rights-of-way following the
17 completion of a successful maintenance period and
18 the acceptance of such facilities by the city.
19 13.48.450 Violation-Penalty.
20 Any individual or corporation who violates any provision
21 of Sections 13.48.160 through 13.48.440 is guilty of a
22 misdemeanor, and upon conviction thereof, shall be punished by
23 a fine in any sum not exceeding two hundred dollars, or by
24
25
Ordinance No. 4492 - Exhibit 'A' (E-4692)
March 12, 1991
Page 42
2 imprisonment for a term not exceeding sixty days, or by both
such fine and imprisonment.
3
13,4S,460 Severability,
4
The provisions of this ordinance are declared to be
5
separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this
ordinance, or the invalidity of the application thereof to any
8
9 person or circumstance shall not affect the validity of the
remainder of this ordinance or the validity of its application
10
to other persons or circumstances.
13
15
17
24
O~ina~ce No. 4492 -
M~ch 12, 1991
Page 43