HomeMy WebLinkAbout06-21-2004 ITEM VIII-A-6CITY OF W 00
a
AGENDA BILL APPROVAL FORM
\a WASHINGTON
Agenda Subject Utility Code Revisions
Date: 5/25/04
Department:
Attachments:
Budget Impact:
Public Works
Ordinance Nos. 5853
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5853.
Background Summary
The City utility codes are being revised as a group to update language to match current practices, to
clarify intent, to promote consistency between chapters of code and to transfer requirements from City
Code to the City's design manual. Chapters 13.28 "Utility Bill Collection," and 15.72 "Drainage Plans,"
are being deleted since they are no longer utilized by the City. Chapter 12.66 "Right -of -Way Construction
Requirements" is a new section, created to consolidate requirements that were previously covered in the
water, sanitary sewer and storm drainage codes, and that were needed to regulate other right-of-way
construction activities.
This agenda bill covers all of the various ordinances involved in the revisions, which have been reviewed
by the Public Works Committee. Comments made by the committee at their June 14, 2004 meeting have
been incorporated in the attached documents. These revisions were developed as a "package" because
it is appropriate that the ultimate ordinances not only reflect current practices, but also do so consistently.
In order to ensure compatibility, if it is not the Council's intent to adopt all of the ordinances along the lines
they were drafted, then it would be appropriate to redirect all of the ordinances back to staff for revision
and for verification of compatibility and regulatory coverage.
W0621-2
04.8, F4.3
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
0 Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ®Public Works
❑ Human Resources ❑ Police
❑ Planning Comm. ❑ Other
® Legal ® Public Works
Action:
Committee Approval: ❑Yes E --]No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wagner Staff: Dowd
Meeting Date: June 21, 2004 Item Number: VIII.A.6
AUBURN* MOKE THAN YOU IMAGINED
ORDINANCE NO. 5853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 13.48
ENTITLED "STORM DRAINAGE UTILITY" FOR THE PURPOSE OF
REVISING CODE LANGUAGE TO CLARIFY INTENT
WHEREAS, a review of the current code revealed a need to clarify the
language throughout the chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Chapter 13.48 of the City of Auburn Code is amended to
read as follows:
Chapter 13.48
STORM DRAINAGE UTILITY
Sections:
I. Establishment and Administration
13.48.005
Purpose.
13.48.010
Definitions.
13.48.020
�tabli hedStorm drainage utility created.
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 GhaFges.
13.48.070
Storm drainage utility fund.
43.48.080
11. Rates and Charges
610
43.48490
13.48.100
esRates.
13.48.110
Measurement of impervious area.
13.48.120
Billing and collection.
Ordinance No. 5853
May 27, 2004
Page 1
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 48 225
Drainage standards — Review and approval.
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.
13.48.310
Work in city right-of-way.
13.48.320
Excavation protection.
13.48.330
Permit-Fee
schedule.
fee-.
1 4Q 2A(1
13.48.350
13.48.360
Repair peFmit
Connection fees — Charge in lieu of assessments.
Payba-Gk",aigg-Feement.
sta n d aft
13.48.380
Public storm drainage improvements.
13.48.390
Minimum facility size.
13.48.400
Oversizing.
13.48.420
Flood hazard areas — Flood control zone permits.
13.48.430
Record construction documents
13 48 435
Inspection and maintenance easement and pollution prevention
plan.
13.48.440
Maintenance responsibility.
13.48.450
Violation — Penalty.
13.48.460
Severability.
Ordinance No. 5853
May 27, 2004
Page 2
13 48 470 Applicability to governmental entities.
I. Establishment and Administration
13.48.005 Purpose.
The city 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. IRGFeased-Uncontrolled volume increase, rate, or contaminated load of
runoff;
C. Degradation of existing water resources such as creeks, streams, 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 "Base rate" means the monthly charge for service from the storm drainage
utility to recover costs incurred by the utility such as administrative, billing
and collection.
B "Charge in lieu o f assessment" means a charge made by the city on
property which has not previously participated in the cost of a public storm
drainage line directly serving the property.
A. "
and existing undeF the laws G�4he state of Washing 'en.
C "City of Auburn design and construction standards" means the requirements
adopted under ACC 12.04 for storm drainage,_sanitary sewer, street, and water
design and construction.
8D. "Detention" means the temporary storage of storm and surface water runoff
with provisions for the controlled off-site surface release of the stored water.
G. " Fnean heemanual of the
»
.
Ordinance No. 5853
May 27, 2004
Page 3
.
E. "Equivalent service unit (ESU)" means a configuration of development or
impervious surfaces estimated to contribute 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 or; roofing of deGks. Permanent open water surface
such as storm water treatment facilities are not considered impervious.
G "National Pollutant Discharge Elimination System" (NPDES) means a federal
program enacted under the Clean Water Act regulated by the Environmental
Protection Agency, which requires a permit for discharges of stormwater from
certain industrial activities to surface waters or municipal storm drainage
systems.
GH. "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.
#I. "Develeped-parselParcel, developed" means any parcel which has been
altered by grading or filling of the ground surface, or by construction of any
improvements or other impervious surface.
U "Parcel non -single -family" means any parcel of developed land other than
single -family or two-family (duplex) residential.
K. "S+agleParcel, 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.
JL. "TweParcel, two-family (duplex) residential par6el" means as defined in
Chapter 18.16 ACC.
"Nngle family eR „
single family or two family ( uplex) Fesidential.
1=M. "Parcelll-,4ev-leped-undevelopedparsel" 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.
AW "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.
Ordinance No. 5853
May 27, 2004
Page 4
OP. "Storm drainage system" means the total system of storm drainage
facilities as described in ACC 13.48.030.
p -Q. "Utility" means the city storm drainage utility created by the ordinance
codified in this chapter.
R. "Watercourse" means a channel either natural or manmade in which a flow
of water occurs either continuously or intermittently.
QS. "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 applicable design standards in place at the time
of approval. (Ord. 5530 § 1, 2001; Ord. 5359 § 1, 2000; Ord. 5293 § 2, 1999;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998; Ord. 4492 § 4, 1991.)
13.48.020 Estab!is edStorm drainage utility created.
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 swan "wetlands,
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 (Exh. 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
Ordinance No. 5853
May 27, 2004
Page 5
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 Authority to establish rates and GhaFg .
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 hand tinW anagement 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 inGludiRq Fetentien
fa6lotees and wale. quali+y, faG��which are reasonably required for proper
and adequate hand lin�management 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,
Ordinance No. 5853
May 27, 2004
Page 6
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. IV4eneys-Monies 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.)
11. Rates • Charges
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13.48.100 GhajesRates.
The customer classes and sties -rates 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.
Ordinance No. 5853
May 27, 2004
Page 7
B. Non -Single -Family Parcels (NSF).
Customer Classes Base Rate Per Month ESU Rate Per
Month
Non -Single -Family $5.76 $7.89/ESU
NSF w/Detention $5.76 $6.33/ESU
NSF w/Retention $5.76 $3.94/ESU
NSF w/Water Quality Treatment $5.76 $3.30/ESU
NSF w/Detention and Water Quality Treatment $5.76 $3.16/ESU
NSF w/Retention and Water Quality Treatment $5.76 $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
weFks diFeGtefcity determines that the operation and maintenance standards are
not being complied with, the customer class shall be determined to be that of
non -single-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 non -single-family parcels shall be based upon the
following formula:
BASE RAT€CHARGE + (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. Developed Parcels. Only developed parcels containing impervious surfaces
as defined in ACC 13.48.010 shall be charged.
D. Multiple Class Accounts. When a developed non -single-family parcel
contains more than one customer class, the appropriate sbaf@e-rate for each
customer class will be calculated, and the aggregate total summed for billing.
(Ord. 5530 § 1, 2001; Ord. 5504 § 1, 2001; Ord. 5360 § 1, 2000; Ord. 5293 § 2,
1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.110 Measurement of impervious area.
The diFeGteF of publiG WOksgity shall determine the number of square feet of
impervious surface in all non -single-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 of the
appropriate county assessor for the county in which the parcel is sited, aerial
photographic methods, or applicable engineering drawings. Within the limits of
the source data, accuracy to two-tenths of an equivalent service unit will be
Ordinance No. 5853
May 27, 2004
Page 8
made. Impervious surface created incidental to a lot line adjustment to
se^�aTiarseparate 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 subject to a storm drainage charge.
(Ord. 5530 § 1, 2001; Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
13.48.120 Billing and collection.
Storm drainage utility shafges-rates shall be billed on a bimonthly basis. -fie
gaFbage bell Of not sewed by the seweF utility. A sepamate billiRg shall be Fnade to
sewer ^U temere
Fnade by the IGGal FneFGhants as designated in AGG 13.28.010.
13A. Order of Payment. Payments received for utility bills shall be applied
towards the following bills in the order of priority shown:
1. Late charges:
2. Storm;
23. Garbage;
34. Sewer;
45. Water.
OB. Service Charges — Payment Delinquencies. The foregoing service shafges
rates for storm and surface water shall be due and payable at the same time
and manner as fixed by ACC 13.0406.300 and ACC 13.06.511.
OC. Charges Constitute Lien. All ^h�roc�+ fnr storm raina e
utility rates, ' , tegetheF With penalties and int
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 reduction.
The director of public works may reduce the normal storm drainage utility
GhaFge_-rate for a parcel of real property that satisfies n^e ^r ^,nro of the
fetlew+Rg-seed itieReL
A. k; the event that a paFGel of prepeFty which has been incorrectly assessed
as determined through the administrative review process described in section
Ordinance No. 5853
May 27, 2004
Page 9
13.48.150.; suGh Such parcel will be credited in the amount equal to the
difference between the two assessments in accordance with written city policy.
:A AGG 43.24.01 "hall be eligible for a eduGtIon a6
exemptiOR as defined
•QFd. 4492 ,
1991
,
13.48.140 Rate exemptions.
Thec� shall 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 undeveloped;
C. Common ownership tracts of land for the purposes of private access to
single-family and two-family residential parcels. (Ord. 5530 § 1, 2001; Ord.
5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
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 sgarg rates as billed by the city by
authority of ACC 13.48.090 through 13.48.150 may request, in writing, a review
of the GhaFge-rate by the director of public works. The disputed method and/or
values used in the calculation of a storm drainage shar-ge-rate 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 GhaFgesrates. 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 -rate shall continue to pay the nh�rate 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.
Ordinance No. 5853
May 27, 2004
Page 10
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 enslesed by op sted, 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
wed -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 ACC 13.0406.300. (Ord.
5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.190 Cross connections prohibited.
The installation or maintenance of any Gress -connection p e
eennest+en-between any storm drainage system and any sanitary sewer system
Ordinance No. 5853
May 27, 2004
Page 11
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 13.8406.300. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.200 Trees or shrubs obstructing storm sewers prohibited.
It is unlawful to allow to prow any tree or shrub whose roots obstruct public or
private storm drainage facilities Wherever such plantings are shown to be
obstructing public storm drainage facilities they shall be removed or otherwise
remedied from obstructing said storm drainage facilities at the expense of the
property on which the planting grows Such expense may become a lien on said
property,
(Ord. 5212 § 1 (Exh.
J), 1999; Ord. 4492 § 4, 1991.)
13.48.210 Water quality.
A. A-Prohibited Discharges.
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 may cause or tend to cause
water pollution including but not limited to the following items:
Petroleum products including but not limited to oil gasoline diesel fuel, grease,
fuel oil and heating oil: trash and debris: pet wastes: chemicals; paints; paint
chips steam cleaning wastes; wastes from washing of fresh concrete for
cleaning and/or finishing purposes or to expose aggregates; laundry wastes;
soaps: pesticides herbicides or fertilizers, sanitary sewage; heated water;
chlorinated water or chlorine: degreasers and / or solvents-, bark and other
fibrous material; antifreeze or other automotive products; lawn clippings, leaves
or branches: animal carcasses: silt sand dirt or rock; acids or alkalis; dyes
(without prior permission of the drainage utility): construction materials or food
waste.
publiG -age system diFeeAly OF indireGtly aRy liquid OF Soled fGFeign
Ordinance No. 5853
May 27, 2004
Page 12
B Discharge o f Pollutants Liability for Expenses Incurred by the Utility.
Any individual firm or corporation responsible for pollutant discharge into the
public storm drainage system who fails to immediately collect, remove, contain,
or treat such materials as directed by the city shall be responsible for the
necessary expenses incurred by the city in carrying out any pollutant abatement
procedures including the collection removal containment, treatment or
disposal of such materials.
C Permissible Discharges.
Discharges from the sources listed below shall only be illicit discharges if the
city determines that the type of discharge whether singly or in combination with
others is a significant source of water pollution:
Individual residential car washing dechlorinated swimming pool discharges,
washing of potable water storage reservoirs@ flushing of potable water; natural
uncontaminated groundwater, air conditioning condensation; natural springs:
uncontaminated water from crawl space pumps: runoff from lawn watering:
irrigation runoff; street wash water: discharges in compliance with an NPDES
permit; and discharges from approved footing drains and other subsurface
drains.
D. Exemption.
Discharges resulting from public firefighting activities but not from activities not
related to firefighting such as the maintenance or cleaning of firefighting
equipment are exempt from regulation under this Section.
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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
Ordinance No. 5853
May 27, 2004
Page 13
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 48 225 Drainage standards — Review and approval.
All development creating new impervious surfaces shall meet all applicable
general and design requirements in accordance with the City of Auburn design
and construction standards.
13.48.230 Connections.
A. Required Connections. All non -single-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 eng+neeFor 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 Fegulat+eas.
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 percent of the assessed valuation of such structure whether
wholly exterior or a combination of interior and exterior will not necessitate
upgrading of the storm drainage facilities to current city storm drainage
standards and regulations when there is no change in the amount of impervious
surface, for a period of five years from June 18, 2001. Net new impervious
surfaces will be subject to current city storm drainage standards and
regulations. (Ord. 5530 § 1, 2001; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492§ 4,
1991.)
Ordinance No. 5853
May 27, 2004
Page 14
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 Permit — Duratk)aTerm.
All permits issued under the provisions of this chapter shall be valid for a period
of 1'�,t"s180 days after the date of application approval.; Permits may be
extended one time by the city, for a period of 60 days if an extension is applied
for prior to the expiration of the time originally limited in the permit. but 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 Permit — 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 § 1 (Exh. 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 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
Ordinance No. 5853
May 27, 2004
Page 16
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 at the ci .
B. Upon the satisfactory completion of work as designated on the permit in
conformance with the provisions of this chapter, the
depa4mentgfty shall sign off the permit, provide the necessary calculations for
billing, and forward to the finance department to initiate the storm drainage
billing as designated in ACC 13.48.100. A copy of such permit shall remain on
file with the city as a permanent record. (Ord. 5530 § 1, 2001; Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
,
13.48.310 Work in city right-of-way.
A. All contractors performing work within the limits of any stfeet-cq� right-of-way
t
and
n n e -aMe to be b
and4,esteFedh
GeRrstftute a lien, as fixed by AGG .
shall be GUFFeRtly IiGensed and bonded with the state dUFiRq the r3GUFGe ef the
weFk. SuGh GentFaGtGF shall have a GUFFent "ability ellry, with the Go
A '311" iR
t
pFeteGt the and the Gity against liability fGF aGrideRtal
+ the +
$1,000,000;
V,000,009. .
.shall comply with ACC 12.66,
Ordinance No. 5853
May 27, 2004
Page 16
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 inspeGtOGR and ReGtOOR peffnit feePermit-Fee
schedule.
A. A storm drainage system inspeGtien and GGRReG permit fee ahe&to cover
V;c,plan checking, inspection, Gests of the -system to be eenneGt and The
record drawings and
processing of permit information for new connections to the public storm
drainage system shall be charged for all development including single-family
residential.
B A storm drainage system repair permit fee to cover inspection and
processing of permit information shall be charged for repairs to private storm
drainage systems.
43C. The fees shall be based en $9-.2-26-5 P— IffleaF feet 04FOyate StOFFA system, as
as shown in the
city of Auburn fee schedule. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,
1991.)
--K.W=
r= M -
IME S Y7.
••• ..• •.
13.48.350 Connection fees - Charge in lieu of assessments.
Propertv that has not previously paid for storm drainage systems abutting their
property may be connected to the abutting storm drainage system; provided,
that all such property shall pay a charge in lieu of assessment. The city will
determine the charge in lieu of assessment amount based on the property's
proportional share of the calculated cost for the storm drainage system.
Properties connecting to storm drainage systems constructed prior to 1987 will
not be required to pay a charge in lieu of assessment unless required to do so
under an existing agreement.
dFainage system iFRPFGvem nto that h--av-e been Genstrursted with Gity funds upeR
Ordinance No. 5853
May 27, 2004
Page 17
M.
T. Mv Wr7sm'W"Wn M
FM
rate feF the -,--r-t; - nr sterm drced-nage system as state an subseGfien A ef t
Payment of the GhaFge in lieu of assessment shall be made W
GenneGting to the publiG 6tGFm dFainage system. (Ord. 5212 1 (Exh. J), 1999;
• • 4492•.
• PaybaGk agFeemeRt.
AGG 13-40.060.(GFd. 6212
- - .........
ATM
13.48.380 Public storm drainage improvements.
A. The city 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.
Ordinance No. 5853
May 27, 2004
Page 18
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 ^ .v„nim„m of 12 iRGhes OR d;aFneteF. All private
at
sized in accordance with the city of Auburn design
and construction standards. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998;
Ord. 4492 § 4, 1991.)
13.48.400 Oversizing.
When it is deemed necessary by the city,
inveleyef to install conveyance lines larger than are required to serve adjacent
properties,
the city may, pursuant to a
written agreement between the city and the developer negotiated in advance to
any work compensate the developer for the difference in cost of the oversizing,
if the extension is economically feasible for the city. (Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4, 1991.)
SeweFGS-�teF- and -StFeets,,,
,
1904-.4
13.48.420 Flood hazard areas — Flood control zone permits.
The ci is authorized and directed to monitor and
control all new development within flood hazard areas in conformance with the
requirements of GhapteFACC 15.688 AGG. A permit application shall be required
for all such development within this area. The publiGwerk6 depaFtmentcilyshall
Ordinance No. 5853
May 27, 2004
Page 19
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 as
set in the City of Auburn Fee Schedule. (Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
13.48.430 As built FequiFementsRecord construction documents.
Upon completion of private storm drainage system construction the developer
shall submit record construction documents to the city. The record construction
documents shall be prepared in accordance with city requirements and shall
accurately reflect all field design revisions made during the construction
process: The city must review and approve the record construction documents
prior to approving a private storm drainage system for operation. °r r,, ate
that the StOffn dFainage system wall funGtien as desig�ed and shall iRGIUd
system will fURGtien as designed and shall iAGIude all pertineRt disr.Fepan
13 48 435 Inspection and maintenance easement and pollution prevention
Ip an•
All permitted development projects shall require the execution, in accordance
with city requirements of a Stormwater Pollution Prevention Plan and a
standard inspection and maintenance easement agreement that provides for
the city to enter the property for inspection of the site's private storm drainage
facilities and if the owner fails to maintain said system, to perform necessary
maintenance The agreement shall be prepared by the City and executed by
the owner prior to the issuance of occupancy permits for the development.
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.
It shall be the responsibility of the developer to make arrangements with the
occupants or owners of the subject property for assumption of operation and
Ordinance No. 5853
May 27, 2004
Page 20
maintenance in a manner subiect to the approval of the city or in accordance
with the operations and maintenance program prepared for the property's storm
drainage facilities. The city may inspect the facilities in order to ensure
continued use of the facilities for the purposes for which they were built and in
accordance with these arrangements. Failure to maintain the facilities in good
working order shall be considered a violation, enforceable in accordance with
ACC 1.25.
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 shad --may be enforced pursuant to the provisions of
GhapteFACC 1.25A&C. (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.)
13 48 470 Applicability to governmental entities.
All municipal corporations and governmental entities shall be required to submit
a drainage plan and comply with the terms of this chapter when developing
and/or improving land including but not limited to road building and widening,
within the areas of the city. It is recognized that many other city, county, state,
and federal permit conditions may apply to the proposed action and that
compliance with the provisions of this chapter does not constitute compliance
with such other requirements.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this ordinance.
Ordinance No. 5853
May 27, 2004
Page 21
Section 3. If any portion of this Ordinance or its application to any
person or circumstances is held invalid, the remainder of the Ordinance or the
application of the provision to other persons or circumstances shall not be
affected.
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:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam
City Clerk
Published:
Ordinance No. 5853
May 27, 2004
Page 22