HomeMy WebLinkAbout5530 ORDINANCE NO. 5 5 3 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 13.48 ENTITLED
"STORM DRAINAGE UTILITY," SECTION 010 ENTITLED "DEFINITIONS" AND
SECTION 100 ENTITLED "CHARGES" TO FURTHER DEFINE INDIVIDUAL
CUSTOMER CLASSES FOR NON-SINGLE FAMILY PARCELS, SECTION 010
ENTITLED "DEFINITIONS" AND SECTION 110 ENTITLED "MEASUREMENT OF
IMPERVIOUS AREA" TO CLARIFY THE METHODS FOR DETERMINING
IMPERVIOUS AREAS, SECTION 140 ENTITLED "RATE EXEMPTIONS" TO EXEMPT
COMMON OWNERSHIP TRACTS SERVING SINGLE-FAMILY AND TWO-FAMILY
RESIDENTIAL PARCELS, SECTION 230 ENTITLED "CONNECTIONS" TO
CONFORM WITH POLICIES INCLUDED IN THE NEWLY-ADOPTED AUBURN
DOWNTOWN PLAN, AND SECTION 290 ENTITLED "INSPECTION AND APPROVAL"
TO ESTABLISH WHEN A NEW STORM ACCOUNT SHALL BE INITIATED, AND
SECTION 330 ENTITLED "SYSTEM INSPECTION AND CONNECTION PERMIT FEE"
TO CLARIFY THE SYSTEM INSPECTION AND CONNECTION PERMIT FEE
SCHEDULE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1, PURPOSE: The purpose of this ordinance is to amend Auburn City
Code Chapter 13.48 entitled "Storm Drainage Utility," Section 010 entitled "Definitions"
and Section 100 entitled "Charges" to further define individual customer classes for
non-single family parcels, Section 010 entitled "Definitions" and Section 110 entitled
"Measurement of Impervious Area" to clarify the methods for determining impervious
areas, Section 140 entitled "Rate Exemptions" to exempt common ownership tracts
serving single-family and two-family residential parcels, Section 230 entitled
"Connections" to conform with policies included in the newly-adopted Auburn Downtown
Plan, and Section 290 entitled "Inspection and Approval" to establish when a new storm
Ordinance No. 5530
June 4, 2001
Page 1
account shall be initiated, and Section 330 entitled "System Inspection and Connection
Permit Fee" to clarify the system inspection and connection permit fee schedule as set
forth in Exhibit "A" attached hereto and incorporated heroin by this roference.
Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection,
clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality of the remaining portions of this
ordinance, as it is being hereby expressly declared that this ordinance and each
section, subsection, clause, phrase, or sentence, hereof would have been prepared,
proposed, adopted, and approved and ratified irrespective of the fact that any one or
more section, subsection, clause, phrase, or sentence, be declared invalid or
unconstitutional.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 4. This ordinance shall take effect and be in force five (5) days from
and after its passage, approval, and publication, as provided by law.
INTRODUCED: June 18, 2001
PASSED: June 18, 2001
APPROVED: June 18, 2001
-(~HAF~LES~A. BOOTH
MAYOR
Ordinance No. 5530
June 4, 2001
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
,~~~FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5530
June 4, 2001
Page 3
Exhibit A
Chapter 13.48
STORM DRAINAGE UTILITY
Sections:
I. Establishment and Administration
13.48.005 Purpose.
13.48.010 Definitions.
13.48.020 Established.
13.48.030 Storm drainage system defined.
13.48.040 Transfer of storm drainage system from street department to storm drainage
utility.
13.48.050 Utility administration authority.
13.48.060 Authority to establish rates and charges.
13.48.070 Storm drainage utility fund.
13.48.080 Storm drainage utility system responsibility.
II. Rates and Charges
13.48.090 System of charges.
13.48.100 Charges.
13.48.110 Measurement of impervious area.
13.48.120 Billing and collection.
13.48.130 Rate reduction.
13.48.140 Rate exemptions.
13.48.150 Administrative review.
III. Regulations
13.48.160 Damage to system prohibited.
13.48.170 Trespassing prohibited.
13.48.180 Inspection and compliance with storm drainage requirements.
13.48.190 Cross connections prohibited.
13.48.200 Trees or shrubs obstructing storm sewers prohibited.
13.48.210 Water quality.
13.48.220 Easements.
13.48.230 Connections.
13.48.240 Connection procedures - Permit required.
13.48.250 Permit- Duration.
13.48.260 Permits for additional work.
13.48.270 Permit- Posting.
13.48.280 Permit- Inspection notice.
13.48.290 Inspection and approval.
13.48.300 Restoration of public property.
13.48.310 Work in city right-of-way.
13.48.320 Excavation protection.
13.48.330 System inspection and connection permit fee.
13.48.340 Repair permit fee.
13.48.350 Connection fees - Charge in lieu of assessments.
13.48.360 Payback agreement.
13.48.370 Storm drainage extensions - Adoption of design and construction standards.
Exhibit A
Ordinance No. 5530
13.48.380 Public storm drainage improvements.
13.48.390 Minimum facility size.
13.48.400 Oversizing.
13.48.410 Developer's public facility extension manual adopted.
13.48.420 Flood hazard areas - Flood control zone permits.
13.48.430 As-built requirements.
13.48.440 Maintenance responsibility.
13.48.450 Violation - Penalty.
13.48.460 Severability.
I. Establishment and Administration
13.48.005 Purpose.
The cry has determined that a storm drainage utility and associated regulations will avoid
the creation of public nuisances that would occur without such utility and regulations, and
promote the public health, safety and general welfare of the citizens of Auburn. Public nuisances
would consist of:
A. Water-inundated property, both public and private;
B. Increased volume, rate, or contaminated load of runoff;
C. Degradation of existing water resources such as creeks, s~reams, rivers, ponds, lakes,
ground water, and other water bodies;
D. Degradation of water used for contact recreation, aquatic habitat, and aesthetic quality;
E. Jeopardy to the city's compliance with federal flood insurance programs. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4776 § 1, 1995.)
13.48.010 Definitions.
The following words when used in this chapter shall have the following meanings unless the
context clearly indicates otherWise:
A. "City" means the city of Auburn, Washington, a municipal corporation created and
existing under the laws of the state of WashingXon.
B. "Detention" means the temporary storage of storm and surface water runoff w~th
provisions for the controlled off-site surface release of the stored water. I
C. "City of Auburn design and construction standards" means the manual of the
requirements established by the city's public works department for storm drainage, water,
sanitary sewer, and street design.
D. "Developer's public facility extension manual" means the manual of the requirements,
established by the city's public works department for the construction of publicly owned
facilities by private developers consisting of storm drainage, water, sanitary sewer, and street.
E. "Equivalent service unit" (ESU) means a configuration of development or impervious
surfaces estimated to con~bute an amount of runoff to the city's storm drainage system which is
approximately equal to that created by the average single-family residential parcel. One ESU is
equal to 2,600 square feet of impervious surface area or any portion thereof.
F. "Impervious" means those portions of a property which are covered with surfaces
impenetrable to water such as but not limited to asphaltic concrete, portland cement concrete,
roofing or decks.:~th:r ~.;u~,;% ...... , ..... ~;~ ~..,~_~ ..... , ...... , ..... ~n~; ....
~"';~:v-..-...~, ..... ..~.~.~- Permanent open water surface such as storm water treatment facilities are not
considered impervious.
GI-t. "Parcel" means the smallest separately segregated unit or plot of land having an
identified owner, boundaries, and surface area which is documented for tax purpose and given a
tax lot number by the appropriate county assessor for the county in which the parcel is sited.
HI. "Developed parcel" means any parcel which has been altered by grading or filling of the
ground surface, or by construction of any improvement or other impervious surface_, an~
Iff. "Single-family residential parcel" means any parcel of land having on it a single
detached dwelling unit which is designed for occupancy by one family or a similar group of
people.
_Jt4. "Two-family (duplex) residential parcel - as defined in Chapter 18.16 of ACC.
_K]:,. "Nonsingle-family parcel" means any parcel of developed land other than single-family
or two family (duplex) residential.
_LM. "Undeveloped parcel" means any parcel which has not been altered from its natural
state by grading or filling of the ground surface, or by construction of any improvements or
impervious surfaces.
~Mt4. "Retention" means the storage of storm and surface water runoff with no provisions for
off-site surface release of the stored water other than by evaporation and infiltration.
NO. "Storm drainage facility" means any natural stream/creek or constructed component of
Auburn's storm drainage system.
_Ota." Storm drainage system" means the total system of storm drainage facilities as
described in ACC 13.48.030.
Pq~. "Utility" means the city storm drainage utility created by the ordinance codified in this
chapter.
Ot~. "Water quality treatment" means an engineered and approved facility to remove
contaminants in the existing flow regime of stormwater generated from a developed parcel
pursuant to annlicable desima standards in nlace at the time of annroval. (Ord. 5293 § 2, 1999;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998; Ord. 4492 § 4, 1991.)
13.48.020 Established.
The city council creates and establishes for and on behalf of the citizens of the city a storm
drainage utility, in accordance with and subject to the laws of the state including the
establishment of rates and charges therefor. The city council further establishes that the storm
drainage utility boundaries shall coincide with the legally established boundaries of the city's
corporate limits. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.030 Storm drainage system defined.
The city council declares that the "storm drainage system" shall be defined as follows:
natural and manmade storm drainage facilities used for the conveyance and/or storage or water
quality treatment of storm and surface water within the boundaries established in ACC 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 lands, land forms, water courses, sloughs,
streams, ponds, rivers, lakes and swamps, beginning at a point where storm or surface waters
enter the city system and ending at a point where such storm or surface waters exit from the
city's storm and surface water system, and in width to the full extent of inundation caused by
storm or flood conditions. (Ord. 5212 § 1 (Ext. J), 1999; Ord. 4492 § 4, 1991.)
13.48.040 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 ACC 13.48.030, is equal to the value of release from primary responsibility of the
street department, insofar as they relate to or concern storm or surface waters, and they are
transferred to and subject to the administration of the utility created by the ordinance codified in
this article, and, therefore, the street department is released from such primary responsibility.
(Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.050 Utility administration authority.
The city's storm drainage utility herein created shall be administered by the city public
works department in such a manner as the city council shall provide. (Ord. 5212 § 1 (Exh. J),
1999; ord. 4492 § 4, 1991.)
13.48.060 Anthority to establish rates and charges.
A. The city shall establish by ordinance, rate classifications, service charges, inspection and
permit fees, application and connection fees, and such other fees and charges necessary and
sufficient in the opinion of the city council to pay for the following:
1. The costs associated with the development, adoption and implementation of a
comprehensive storm drainage utility master plan;
2. The costs, including debt service and related financing expenses, of the construction
and 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
including, but not limited to, water quality surveillance, private maintenance inspection,
construction inspection, and other activities which are reasonably required for the proper and
adequate implementation of the city's storm and surface water policies.
B. The fees and charges to be paid and collected pursuant hereto shall not be used for general
or other governmental or proprietary purposes of the city except to pay for the equitable share of
the costs of accounting, management, and government thereof incurred on behalf of the utility.
(Ord. 5212 § 1 (Exh. J), 1999; ord. 4492 § 4, 1991.)
13.48.070 Storm drainage utility fund.
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 this fund
for the purpose of paying all or any part of the cost and expense for planning, administering,
constructing, acquiring, maintaining, operating, and improving utility facilities. Moneys in this
fund shall be assigned to a specific account within the utility as designated by the city council.
The department of finance shall maintain a separate record of accounts showing the receipts and
disbursements of each and every account assigned to this fund. (Ord. 5212 § 1 (Exh. J), 1999;
Ord. 4492 § 4, 1991.)
13.48.080 Storm drainage utility system responsibility.
The responsibility for the maintenance and operation of the storm drainage utility system
shall be by the public works sewer/storm division supervisor, in such manner as the city council
shall provide. (Ord. 5222 § 1 (Exh. C), 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
II. Rates and Charges
13.48.090 System of charges.
A. There is imposed a system of charges on each developed parcel of real property within the
city to operate the storm drainage utility established by this chapter.
B. The charges are deemed reasonable and necessary to fund administration, planning,
design, construction, operation, maintenance, repair, improvement, and replacement of all
existing and future storm and surface water facilities, including the accumulation of reserves and
the retirement of any associated debt. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
13.48.100 Charges.
The customer classes and charges below are based upon the cost of services provided by the
storm utility. The following seven customer classes and rate structure are established, and billing
for services shall occur, as of the first full billing cycle after October 1, 2000 and thereafter, for
all developed parcels of real property in the city, until further modified by city council action:
A. Single-Family Residential Parcels and Two-family Residential Parcels: the single-family
and two-family residential monthly charge shall be $9.07 per month.
B. Nonsingle-Family Parcels (NSF).
Customer Classes Base Rate ESU Rate
Per Month Per Month
Non-single Family $5.76/month $7.89/ESU
NSF w/Detention $5.76/month $6.33/ESU
NSF w/Retention $5.76/month $3.94/ESU
NSF w/Water Quality Treatment $5.76/month $3.30/ESU
NSF w/Detention and Water Quality Treatment $5.76/month $3.16/ESU
NSF w/Retention and Water Quality Treatment $5.76/month $2.21/ESU
The customer classes set forth in this subsection shall be applicable only if the qualifying on-
site facilities have met applicable city standards upon installation, have received city approval of
construction, and are conforming with the applicable operations and maintenance standards. In
the event that the public works director determines that the operation and maintenance standards
are not being complied with, the customer class shall be determined to be that of nonsingle-
family only, until operation and maintenance of said facilities meet city standards; whereupon,
the customer being billed may reapply for system inspection, in writing, for reclassification to
the previous class.
The monthly charge for nonsingle-family parcels shall be based upon the following formula:
BASE RATE + (TNESU * RATE) = Storm Drainage
Charge, where
TNESU = Total number of equivalent service units contained on the parcel.
An equivalent service unit has been determined to be 2,600 square feet of impervious
surface, or any fraction thereof as defined in ACC 13.48.110.
_C~. Un~.~_eveloped Parcels. Only Undeveloped parcels containing impervious surfaces as
defined in ACC 13.48.010 shall n:t be charged. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4, 1991.)
D. Multiple Class Accounts. When a developed Non-Single Family parcel contains more
than one customer class, the appropriate charge for each customer class will be calculated, and
the aggregate total summed for billing.
13.48.110 Measurement of impervious area.
The director of public works shall determine the number of square feet of impervious surface
in all nonsingle-family parcels, excluding undeveloped parcels, and the total surface area of each
such parcel of real property, using the best available source data as obtained through the records
..... ~_ aerial
of the appropriate county assessor for the county in which the parcel is sited~
photographic methods, or applicable engineering drawings, ~-~":~
Ch:Ur: ae:ura:y tc Ch: t:nth cf c.n :qui:'.~!:...:~.~--':.... ..... _..,:' -~" ~....~-~'-~ ..~.~...~'~-~:- W~ithin the limits
of the source data,.---accuracy to two-tenths of an equivalent service unit will be made.
Impervious surface created incidential to a lot line adiustment to segregrate an undeveloped
parcel from a developed parcel and which results in impervious surface less than two-tenths of
an equivalent service unit upon the undeveloped parcel shall not be subiect to a storm drainage
charge. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.120 Billing and collection.
Storm drainage utility charges shall be billed on a bimonthly basis. The amount billed shall
be included on the sanitary sewer bill or on the water or garbage bill if not served by the sewer
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 municipality utility bills may be made by
the local merchants as designated in ACC 13.28.010.
B. Order of Payment. Payments received for utility bills shall be applied towards the
following bills in the order of priority shown:
1. Storm;
2. Garbage;
3. Sewer;
4. Water.
C. Service Charges - Payment Delinquencies. The foregoing service charges for storm and
surface water shall be due and payable at the same time as fixed by ACC 13.04.300.
D. Charges Constitute Lien. All charges for storm and 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 other liens and encumbrances
whatsoever, except for general taxes and local special assessments. Enforcement of such lien
shall be in the manner provided by law. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
13.48,130 Rate redaction.
The director of public works may reduce the normal storm drainage utility charge for a
parcel of real property that satisfies one or more of the following conditions:
A. In the event that a parcel of property is incorrectly assessed as determined through the
administrative review process, such parcel will be credited in the amount equal to the difference
between the two assessments.
B. Individuals who qualify for a senior citizen's or disabled citizen's rate exemption as
defined in ACC 13.24.010 shall be eligible for a reduction as identified in ACC 13.24.050. (Ord.
5293 § 2, 1999; Ord. 5212 § I (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.140 Rate exemptions.
The director of public works shallma3' provide exemptions for the following parcels of real
property:
A. All public rights-of-way that are owned and operated by the city, King or Pierce Counties
or the Washington State Department of Transportation;
B. A parcel of real property that is in an undeveloped gr nav-'ral g~tc. (Ord. 5293 § 2, 1999;
Ord. 5212 § 1 (Exh. $), 1999; Ord. 4492 § 4, 1991.)
C. Common ownership tracts of land for the purposes of private access to single-family and
two-family residential parcels.
13.48.150 Administrative review.
A. Written Request. Any owner(s) who dispute the method and/or values used in the
calculation of their storm drainage charges as billed by the city by authority of ACC 13.48.090
tbxough 13.48.150 may request, in writing, a review of the charge by the director of public
works. The disputed method and/or values used in the calculation of a storm drainage charge
may be disputed only once. The written request for review should identify the property, describe
all improvements, proposed improvements and state the basis for the request for the
administrative review of the billing charges. The written request must be received by the public
works director within 180 days of the account billing date of the disputed charge.
1. For the purpose of this section, the public works director's decision will be effective
upon the date of mailing of the decision, postage prepaid to the address provided in the written
request for review by the person(s) seeking administrative review.
2. Any owner(s) who is seeking administrative review of the storm drainage charge shall
continue to pay the charge as billed by the city until a written decision is provided by the public
works director. Upon the written decision by the public works director, any owner(s) who has
been incorrectly charged will have their account adjusted accordingly. Adjustments to billings, if
warranted, will cover billings occurring during the administrative review and billings that
preceded the date of receipt of written request for review in accordance with written city policy.
B. Review. All decisions by the public works director will be provided in writing, to the
person(s) seeking review within 30 days of the public works director receiving the written
request for review. The decision of the public works director will be based on sound engineering
practices as they relate to storm and surface water drainage. The decision of the public works
director shall be final and conclusive. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
III. Regulations
13.48.160 Damage to system prohibited.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance or equipment which is part of the public storm
drainage system. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.170 Trespassing prohibited.
It is unlawful for any person to trespass or be upon the lands and premises of the city,
lawfully enclosed by fences, upon which any public storm drainage facility is situated, unless
duly authorized by the city. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.180 Inspection and compliance with storm drainage requirements.
A. Duly authorized personnel of the city shall have free access to private property at hours
subject to the provisions of ACC 1.20.010 for the purpose of inspecting private storm drainage
systems, the 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 ACC, and as replaced herein, found to be in
nonconformance with such plans, shall be required to correct all such nonconformanees 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 ACC 13.04.300. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,
1991.)
13.48.190 Cross connections prohibited.
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 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 reasonable costs. Any delinquent payments shall constitute a lien as fixed by ACC
13.04.300. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.200 Trees or shrubs obstructing storm sewers prohibited.
It is unlawful to plant or maintain any tree or shrub whose roots are likely to obstruct public
or private storm drainage sewers. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.210 Water quality.
A. It is unlawful for any individual, firm or corporation to discharge into the public storm
drainage system directly or indirectly any liquid or solid foreign substances of biodegradable or
other nature which shall cause the water quality to degrade from Class A water quality standards
of the state herein adopted as part of this article by reference unless the discharge is the result of
normal operation of public or private parking lots or streets.
B. Products of erosion shall be prevented from entering the public drainage system at all
times, both during construction on the property and the subsequent operation of the facilities
provided. All trash and debris shall be prohibited from entering the drainage system at any point
within the property. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.220 Easements.
All public storm drainage systems shall be required to be located within a recorded public
storm drainage easement or public right-of-way. An unobstructed ingress/egress maintenance
easement shall be provided for access to the storm drainage facilities. The minimum width of the
required drainage easement shall be adequate to encompass all facilities and include room for
access and maintenance, as determined by the city. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,
1991.)
13.48.230 Connections.
A. Required Connections. All nonsingle-family residential building permits shall be subject
to a mandatory connection to a public storm drainage system where the development has the
potential to negatively impact public or private property or receiving waters as determined by the
city engineer or whenever an existing public system is available adjacent to the site or where the
public system is required to be constructed adjacent to the property as a condition of
development.
B. Existing Nonconforming Connections
1. Properties that utilize existing nonconforming storm drainage connections and apply
for a building permit to make an addition, alteration or repairs of greater than 50 percent of the
assessed valuation of such structure shall be required to bring such structure and property into
conformance with current city storm drainage standards and regulations.
2. Properties that utilize existing nonconforming storm drainage connections and apply
for a building permit to make wholly interior improvements within the exiting structure shall not
be required to bring such structure and property into conformance with current city storm
drainage standards and regulations. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
3. Properties located within the Downtown Plan Study Area as identified in Figure 1,
"Downtown Plan Area" of the Auburn Downtown Plan/EIS approved May 21, 2001 that utilize
existing nonconforming storm drainage connections and apply for a building permit to make an
addition, alteration or repairs of greater than 50% of the assessed valuation of such structure
whether wholly exterior or a combination of interior and exterior will not necessitate unm'adine
of the storm drainage facilities to current city standards when there is no change in the amount of
impervious surface, for a period of five years from June 18, 2001.
13.48.240 Connection procedures - 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 repair or 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. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.250 Permlt- Duration.
All permits issued under the provisions of this chapter shall be valid for a period of 12
months, but the same may be extended at the reasonable discretion of the public works director
without charge for a period of two months upon application therefor, prior to the expiration of
the time 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. (Ord. 5212 § 1 (Exh. J), 1999;
Ord. 4492 § 4, 1991.)
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 undertaken outside the original scope of work without a new permit
being issued covering all such additional work. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,
1991.)
13.48.270 Permlt- Posting.
All storm drainage permits issued as provided by this chapter shall be posted in some
conspicuous place at or near the work. (Ord. 5212 § I (Ext. J), 1999; Ord. 4492 § 4, 1991.)
13.48.280 Permit- Inspection notice.
Any person performing work under any permit pursuant to the provisions of this chapter
shall notify the city's agent as listed on the permit when the work will be ready for inspection
and shall specify in such notice the location of the premises. (Ord. 5212 § 1 (Ext. J), 1999; Ord.
4492 § 4, 1991.)
13.48.290 Inspection and approval.
A. If the city, upon inspection of the project, finds that the work or material used is not in
accordance with the provisions of this chapter, the city shall notify both the person performing
the work and also the owner of the premises by written notice. Such notice shall be posted upon
the premises and shall state the defects of the work and/or material found in such inspection. A
copy of such notice shall be kept on file in the office of public works.
B. Upon the satisfactory completion of work as designated on the permit in conformance
with the provisions of this chapter, the Public Works Department:L~' shall sign off the permit~
provide the necessary calculations for billing, and nctiS,' forward to the Finance Department to
initiate the storm drainage billing as designated in 13.48.100. A copy of such permit shall remain
on file with the city as a permanent record. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.300 Restoration of public property.
All streets, sidewalks, alleys, parkways, public utilities, and other public property distributed
in the course of private or public construction shall be restored or replaced in a manner
satisfactory to the public works director. (Ord. 5212 § I (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.310 Work in city right-of-way.
A. All work within the limits of any street right-of-way or any public easements must be
pursued to completion with due diligence, and if an excavation is left open beyond a reasonable
length of time, the city shall cause the same to be hackfilled and restored forthwith.
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
ACC 13.04.300.
C. All contractors performing work 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 additionally 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, $1,000,000;
2. Property damage liability insurance for each occurrence, $1,000,000. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.320 Excavation protection.
All excavations for storm drainage systems installation shall be properly safeguarded with
lights and barricades according to adopted city standards so that the same will not be a menace to
public safety. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.330 System inspection and connection permit fee.
The system inspection and connection permit fee shall be as established in ACC 15.72.
........ ~ -~"-~ e: ~IOO.~O, "'~"~ ..... ~" ~ea~e:. (~d. 5212 ~ 1 (Exh. J), 1999; ~d. 4492 ~ 4,
13.48.340 Repair petit fee.
A. A sto~ ~ainage system repair pe~it fee s~ll cover the inspection costs associated wi~
the r~air of ~y pa~cular p~vate sto~ ~ainage system.
B. ~e fee shall be $25.00 for repairs of p~vate sto~ system located solely wi~in p~vate
prope~, and $50.00 for those systems p~ally or completely located wi~in an existing public
fight-of-way or eas~ent. (Ord. 5212 ~ 1 (E~. ~, 1999; ~d. 4492 ~ 4, 1991.)
13.48.350 Connection fees - Charge in lien of assessments.
A. ~e public wor~ director is auto,zed and directed on J~ 1, 1987, and thereafter, to
compute ~d es~blish co~ection fees for all public sto~ ~ainage system improvements that
~ve been cons~eted ~th ci~ ~ds upon ~e complc~on of such improvements. All existing
sto~ ~ainage facilities ~at have been cons~cted p~or to Janu~ l, 1987, will not be subject
to a ch~ge in lieu of assessments, ~less such sto~ ~ainage faeiliw c~ently has an existing
charge in lieu of assessm~t a~eement in place. Such ch~ge in lieu of assessment shall be based
on ~e to~l project cost ~d rigged on either a ~ont foot or area assessment basis, or boffi, at the
reasonable discretion of the public works director. Such project costs s~ll include all associated
desi~ ~d cons~ction c~ges to ~e project.
B. All co~ections made to a public sto~ ~ainage system ~om prope~ies w~ch have not
been assessed or have not borne an equi~ble share of the cost to such public system shall be
subject to a charge in lieu of assessment at the rate for ~e p~icular sto~ ~ainage system as
stated in subsection A of this section. Such assessment c~ge shall be based on the pro rata
s~e of the public sto~ system at the rate predete~ined by the public works director. Pa~ent
of the ch~ge in lieu of assessment s~ll be made in ~11, p~or to co~eeting to the public sto~
~ainage system. (~d. 5212 ~ 1 (Exh. ~, 1999; ~d. 4492 ~ 4, 1991.)
13.48.360 Payback agreement.
~e public wor~ director is autho~zed and directed to execute payback a~eements at ~e
request of the developer upon ciW co~cil approval. All payback a~eements shall be executed
p~su~t to ACC 13.40.060. (~d. 5212 ~ 1 (E~. ~, 1999; ~d. 4762 ~ 1, 1995; ~d. ~92 ~ 4,
1991.)
13.48.370 Storm drainage extensions - Adoption of design and construction standards.
A. Ci~ of Aubm Desi~ ~d Cons~ction Stands. ~ere is adopted by ref~mce, upon
the effective ~te of the ordinance codified in this c~pt~, ~d upon filing wi~ ~e ci~ clerk one
copy thereof, the ci~ of Aubm desi~ ~d cons~ction s~nd~ds, ~d ~y amen~ents
hmcefo~. All public ~d phvate store ~ainage systems shall be desired ~d cons~cted in
confomance ~ such m~ml. (~d. 5212 ~ 1 (Exh. ~, 1999; ~d. 5146 ~ 1, 1998; ~d. ~92 ~
4, 1991.)
13.48.380 ~blie ~torm drainage improvements.
A. The city public works department is authorized and directed to require reasonable off-site
public storm drainage improvements necessitated by new development. Such mitigating
improvements shall be made in addition to any other requirements of the city for on-site
improvements.
B. All public storm drainage extensions shall be extended to and across the full width of the
property to be served. No property shall be served with public storm sewers unless such storm
sewer main is extended to the extreme boundary limit on the property line extending the full
length of the front footage of the property. All storm system extensions shall be designed using
sound engineering practices and sized in accordance with the comprehensive storm drainage plan
to serve, to the extent possible, adjacent and upstream properties. (Ord. 5212 § 1 (Exh. J), 1999;
Ord. 4492 § 4, 1991.)
13.48.390 Minimum facility size.
All public storm drainage pipe to be installed within the service area of the city's storm
utility boundaries shall be a minimum of 12 inches in diameter. All private storm drainage pipe
to be installed within such boundaries shall be a minimum of eight inches in diameter. (Ord.
5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998; Ord. 4492 § 4, 1991.)
13.48.400 Overs[zing.
When it is deemed necessary by the city, as a condition of development for the developer to
install conveyance lines larger than required to serve adjacent properties, such development shall
be eligible for a payback agreement as stated in ACC 13.48~360. The storm drainage utility may
participate in the cost to construct the oversizing upon council approval. (Ord. 5212 § I (Exh. J),
1999; Ord. 4492 § 4, 1991.)
13.48.410 Developer's public faeffity extension manual adopted.
There is adopted by reference, upon the effective date of the ordinance codified in this
chapter, and upon filing with the city clerk one copy thereof, the "Developer's Public Facility
Extension Manual for Storm Sewers, Sanitary Sewers, Water, and Streets," and any amendments
henceforth. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.420 Flood hazard areas - Flood control zone permits.
The public works department is authorized and directed to monitor and control all new
development within flood hazard areas in conformance with the requirements of Chapter 15.68
ACC. A permit application shall be required for all such development within this area. The
public works department shall either issue or deny such permit upon review of the application
and shall have the authority to require all reasonable mitigating measures deemed necessary due
to the development. The cost for the flood control zone permit shall be $50.00 for each
application. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.430 As-built requirements.
A. Private System As-Builts. Prior to the city approving a private storm drainage system for
operation, a registered professional civil engineer shall supply to the city approved certified as-
builts of such system. The certification shall guarantee that the storm drainage system will
function as designed and shall include all pertinent discrepancies with the approved plan.
B. Public System As-Builts. Certified as-builts shall be required for all public storm drainage
systems pursuant to the "Developer's Public Facility Extension Manual for Storm Sewers,
Sanitary Sewers, Water and Streets" adopted in ACC 13.48.410. The certification shall
guarantee that the storm drainage system will function as designed and shall include all pertinent
discrepancies with the approved plan. (Ord. 5212 § I (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.440 Maintenance responsibility.
A. Private Maintenance Responsibility. The maintenance and operation of private storm
drainage systems shall be the responsibility of the property owner.
B. Public Maintenance Responsibility. The city shall be responsible for the maintenance and
operation of all public storm drainage facilities located within the public easements and rights-
of-way following the completion of a successful maintenance period and the acceptance of such
facilities by the city. (Ord. 5212 § 1 (Exh. J), 1999; ord. 4492 § 4, 1991.)
13.48.450 Violation- Penalty.
Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25
ACC. (ord. 5212 § 1 (Exh. J), 1999; ord. 4502 § 13, 1991; Ord. 4492 § 4, 1991.)
13.48.460 Severability.
The provisions of this chapter are declared to be separate and severable. The invalidity of
any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity
of the application thereof to any person or circumstance shall not affect the validity of the
remainder of this chapter or the validity of its application to other persons or circumstances.
(Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)