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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 KEW 9 _ ■•■ 2 - 91 - - ift.r. •e • • • • • e . =Kole 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. F0 MI rs - - Nee - 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