HomeMy WebLinkAbout5146 1 ORDINANCE NO. 5 I 4 6
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
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AUBURN CITY CODE CHAPTER 13.48 ENTITLED "STORM DRAINAGE
4 UTILITY" CONTAINED IN TITLE 13 "WATER, SEWERS AND PUBLIC
WORKS," SPECIFICALLY, SECTIONS 13.48.010 AND 13.48.370
5 ENTITLED RESPECTIVELY "DEFINITIONS" AND "STORM DRAINAGE
EXTENSIONS--ADOPTION OF DESIGN MANUALS" TO REFLECT REPLACEMENT
6 OF THE "DEVELOPER'S DESIGN MANUAL" AND THE "STORM DRAINAGE
DESIGN MANUAL" WITH THE MANUAL ENTITLED "CITY OF AUBURN
7 DESIGN AND CONSTRUCTION STANDARDS" AND TO REMOVE REFERENCE TO
8 THE "STORM DRAINAGE DESIGN MANUAL", AND THE DEVELOPER'S
DESIGN MANUAL" AND THE "DEVELOPER'S DESIGN MANUAL SUPPLEMENT"
9 AND SECTION 13.48.390 ENTITLED "MINIMUM FACILITY SIZE" TO
CHANGE THE MINIMUM SIZE REQUIREMENT FOR PUBLIC STORM DRAINAGE
10 PIPE FROM EIGHT TO TWELVE INCHES AND PRIVATE STORM DRAINAGE
PIPE FROM SIX TO EIGHT INCHES.
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WHEREAS, it is in the public interest to adopt an updated
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set of design standards that will encompass utility and
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15 transportation needs in one manual, ~City of Auburn Design
]6 and Construction Standards"; and
]7 WHEREAS, it is necessary to remove reference to the
18 obsolete ~Developer's Design Manual", ~Developers Design
]9 Manual Supplement", and replace them with the more inclusive
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"City of Auburn Design and Construction Standards"; and
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WHEREAS, it is in the public interest to upscale public
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storm sewer pipe from a minimum of 8 inches to 12 inches to
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reduce maintenance and improve flows; and
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Ord~ceNo. 5146
Se~ember22,1998
P~el
1 WHEREAS, it is in the public interest to upscale private
2 storm sewer pipe from a minimum of 6 inches to 8 inches to
3 reduce maintenance and improve flows.
4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
5 WASHINGTON, DO ORDAIN AS FOLLOWS:
6 Section 1. Auburn City Code Chapter 13.48 entitled
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"Storm Drainage Utility", specifically, Sections 13.48.010 and
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13.48.370 entitled respectively "Definitions" and "Storm
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drainage extensions-Adoption of design manuals" and Section
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13.48.390 entitled "Minimum Facility Size" are hereby amended
1]
]2 as set forth in attached Exhibit "A" which is by this
]3 reference made a part hereof as though set forth in full
14 herein.
15 Section 2. The provisions of this ordinance are declared
16 to be separate and severable. The invalidity of any clause,
17 sentence, paragraph, subdivision, section or portion of this
18 ordinance, or the invalidity of the application thereof to any
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person or circumstance shall not affect the validity of the
20 remainder of this ordinance, or the validity of its
2] application to other persons or circumstances.
22 Section 3. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directions of this legislation.
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Ord~cc No. 5 ] 46
Sep,ember 22, ] 998
P~e 2
] Section 4. This Ordinance shall take effect and be in
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force five (5) days from and after its passage, approval and
publication, as provided by law.
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5 INTRODUCED: October 19, 1998
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PASSED: October 19, 1998
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8 APPROVED: October 19, 1998
9
CHARLES
] 1 MAYOR
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ATTEST:
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15 Danielle E. Daskam,
City Clerk
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18 PROVED AS TO FORM:
19 Mi~~
20
J. Reynolds,
21 City Attorney
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2~
Ord~c~ No. 5 ]46
S~p~mber 22, ] 998
Pag~ 3
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 Appeals.
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 manuals.
13.48.380 Public storm drainage improvements.
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 1
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 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. Increased volume, rate, or contaminated load ofrunoff;
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. 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 Washington.
B. "Detention" means the temporary storage of storm and surface water runoff with
provisions for the controlled release of the stored water.
C. "City of Auburn Design and Construction StandardsDevelopor'~ d~sign manual" means
the manual of civil site plan and facility extension plan requirements established by the city's
pubS.
lie works department for storm drainage, water, sanitary sewer, and street design.
D. "City of Auburn Design and Construction StandardsDeveloper's d~sign manual
supplement" means the manual of fill and grading/erosion control plan requirements established
by the city's public works department for storm drainage and erosion control design associated
with fill and/or grading projects.
E. "Developer's public facility extension manual" means the manual of the requirements,
established by the city's public works department for the construction of publicly owned
facilities by private developers consisting of storm drainage, water, sanitary sewer, and street.
F. "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.
G. "Impervious surface multiplier" means a multiplier used in the city's storm utility rate
formula which reflects the hydraulic impact of increasing percentages of impervious surface
Ordinance No. 5146
Exhibit A
September 22~ 1998
Page 2
area. The effect of such multiplier is to increase the monthly service charge for parcels having a
higher ratio of impervious surface area to total surface area.
H. "Impervious surface" means that hard surface area which either prevents or retards the
entry of water into the soil mantle as it entered under natural conditions preexistent to
development and/or that hard surface area which causes water to run off the surface in greater
quantities or at an increased rate of flow from that present under natural conditions preexistent to
development. Common impervious surfaces include, but are not limited to, rooftops, concrete or
asphalt paving, walkway, patios, driveways, parking lots or storage areas, and oiled, gravel or
other surfaces which similarly impede the natural infiltration of surface water.
I. "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 King County assessor.
J. Parcel, Agricultural. "Agricultural parcel" means any parcel of land upon which the
principal current land use is for producing crops or raising livestock and may include barns,
greenhouses, and other nondwelling structures related to farming activities. Agriculture parcels
that contain one or more dwelling units shall be assessed the corresponding residential parcel
charge; i.e., single-family, multifamily two residential units and multifamily three residential
units.
K. Parcel, Developed. "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 and which affects the hydraulic properties of the parcel.
L. Parcel, Single-Family Residential. "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.
M. Parcel, Multifamily Two Residential Unit. "Multifamily two residential unit parcel"
means any parcel of land having on it two dwelling units which are designated for occupancy by
two families or similar groups of people.
N. Parcel, Multifamily Three Residential Unit. "Multifamily three residential unit parcel"
means any parcel of land having on it three dwelling units which are designed for occupancy by
three families or similar groups of people.
O. Parcel, Undeveloped. "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 other impervious surface area which affects the hydraulic properties of the
parcel.
P. "Retention" means the storage of storm and surface water runoff with no provisions for
release of the stored water other than by evaporation and infiltration.
Q. "Storm drainage facility" means any natural stream/creek or person-made component of
Auburn's storm drainage system.
R. "Storm drainage system" means the total system of storm drainage facilities as described
in ACC 13.48.030.
S. "Storm drainage design manual" moans the manual of technioal dosign considerations and
requirements ostablished by tho city's public works departmont for tho purpc~so of mitigating
storm drainage related impacts a~zociated with now devolopmont.
S:I:. "Utility" means the city storm drainage utility created by the ordinance codified in this
chapter. (Ord. 4492 § 4, 1991.)
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 3
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. 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. 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 oft he
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. 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. 4492 § 4, 1991 .)
13.48.060 Authority 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
Ordinance No. 5146
Exhibit A
Se0tember 22, 1998
Page 4
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. 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. 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 operations manager, in such manner as the city council shall
provide. (Ord. 4492 § 4, 1991.)
II. Rates and Charges
13.48.090 System of charges.
A. There is imposed a system of charges on each 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. 4492 § 4, 1991 .)
13.48.100 Charges.
The following charges are established for all parcels of real property in the city:
A. Single-family Residential Parcels: the single-family residential monthly charge shall be in
accordance with the following schedule:
1. As of January 1, 1991 - $3.50/Residential Parcel;
2. As of January 1, 1992 - $4.00/Residential Parcel;
3. As of January 1, 1993 - $4.50/Residential Parcel;
4. As of January I, 1994 - $5.00/Residential Parcel;
5. As of January 1, 1995 - $5.50/Residential Parcel;
6. And thereafter at the January 1, 1995 rate until further modified by city council action.
B. Multifamily Two Residential Unit Parcels. The two residential unit charge shall be
equivalent to the single-family rate per month for each parcel having two residential dwellings.
For residential parcels that contain two attached dwelling units and have two separate residential
utility accounts, the storm drainage utility user fee will be equally divided and each residential
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 5
utility account charged the appropriate amount. For residential parcels that contain two attached
dwelling units and have one commercial utility account, the storm drainage utility user fee will
be entirely assigned to the single commercial utility account and charged the appropriate amount.
C. Multifamily Three Residential Unit Parcels. The three residential unit charge shall be
equivalent to the single-family rate per month for each parcel having three residential dwellings.
For residential parcels that contain three attached dwelling units and have three separate
residential utility accounts, the storm drainage utility user fee will be equally divided and each
residential utility account charged the appropriate amount. For residential parcels that contain
three attached dwelling units and have one commercial utility account, the storm drainage utility
user fee will be entirely assigned to the single commercial utility account and charged the
appropriate amount.
D. Agricultural Parcels. Agricultural parcels that do not contain a dwelling unit shall not be
charged. Agricultural parcels that contain one or more dwelling units shall be assessed the
appropriate residential parcel charge; i.e., single-family, multifamily two residential units and
multifamily three residential units.
E. The minimum charge subject to any applicable parcel shall be one ESU as defined in
ACC 13.48.010.
F. Undeveloped Parcels. Undeveloped parcels shall not be charged.
G. Other Parcels.
1. The charge for all other parcels except single-family, multifamily two and three
residential unit parcels, agricultural parcels, and undeveloped parcels shall be based upon the
following formula:
TNESU x ISM x RATE = Assessment charge.
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.
ISM - Impervious surface multiplier as determined by calculating the percentage of
impervious surface coverage on the parcel as defined in ACC 13.48.010.
RATE - The rate assigned to an equivalent service unit as defined in ACC 13.48.010.
2. Impervious surface multipliers are established.
a. Percentage of
Impervious Area Per Parcel
(Impervious Surface Area
Divided by the Total Impervious
Surface Area X 100) Multiplier
1 to 40 1.0
41 to 50 1.1
51 to 60 1.2
61 to 70 1.3
71 to 80 1.4
81 to 90 1.5
91 to 100 1.6
b. Impervious surface multipliers correlate the theoretical hydraulic impact of a
parcel to its percentage of impervious surface. The multiplier for the average single-family
residence is established at 1. The multiplier linearly increases as the percentage of impervious
area increases. The largest multiplier has a value of 1.6 which is reflective of its hydraulic impact
on the drainage system as compared to that of the average single-family residence. (Ord. 4492 §
4, 1991.)
Ordinance No. 5146
Exhibit A
Seotember 22, 1998
Page 6
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, multifamily two and multifamily three residential unit parcels, excluding
agricultural and undeveloped parcels, and the total surface area of each parcel of real property,
through the records of the King County assessor and through aerial photographic methods,
provided that the methods used enshre accuracy to one-tenth of an equivalent service unit as
defined herein. (Ord. 4492 § 4, 1991 .)
13.48.120 Billing and collection.
Storm drainage utility charges for each parcel of real property within the city 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. 4492 § 4, 1991 .)
13.48.130 Rate reduction.
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. The owner of a parcel, other than a residential parcel, as stated in ACC 13.48.010, that
has installed an approved on-site retention system which substantially reduces the rate of flow
expected after the development of such a parcel. No reductions will be made for mitigative
measures which are required to meet any ordinance, regulations, other control or standard
established by the city, King County or the state of Washington. Such reductions shall be
commensurate with the mitigating effects so that the reduction in rates will be in approximate
proportion to the reduction in runoff. In no case shall such a reduction result in a rate less than
the monthly charge for a single-family residential parcel. Such a reduction will remain in effect
as long as:
1. The owner of such a system has obtained the proper permits and constructed the
system according to plans approved by the director of public works.
2. The owner remains responsible for all costs of operation and maintenance of the
system (consistent with city standards).
3. The director of public works has access for inspection of the system to determine if it
is in compliance with design and maintenance standards and functioning properly.
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 7
4. In the event that a parcel of property is incorrectly assessed as determined through the
hearing 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.
C. A parcel of real property that contains a major extra capacity storm drainage
storage/conveyance channel, and is privately owned, maintained and operated, may be eligible to
partially or completely substitute an acceptable in-kind service in the place of the storm drainage
utility charge. The in-kind service shall consist of a regular maintenance program to clean,
redefine and enhance the storage and conveyance characteristics of the channel or ditch. The in-
kind service will be required to be comparable in monetary value and each parcel will be
evaluated on a case-by-case basis.
D. A parcel of real property other than a residential parcel (i.e., residential single-dwelling
unit, two-dwelling unit or three-dwelling unit) that solely utilizes a direct stormwater discharge
to a major watercourse in which the city holds no responsibility for maintenance, operation,
construction, etc., shall be subject to a reduction in the utility charge based on the reduced impact
to the city storm drainage system. Each parcel that qualifies under this category will be evaluated
on a case-by-case basis. (Oral. 4492 § 4, 1991 .)
13.48.140 Rate exemptions.
The director of public works may provide exemptions for the following parcels of real
property:
A. A parcel of real property upon which the principal current land use is for producing crops
or raising livestock and does not contain a dwelling unit;
B. All public rights-of-way that are owned and operated by the city, King County or the
Washington State Department of Transportation;
C. A parcel of real property that is in an undeveloped or natural state. (Ord. 4492 § 4, 1991 .)
13.48.150 Appeals.
A. Filing.
1. Any owner or owners who dispute the amount of their charges or who dispute any
determination made by or on behalf of the city pursuant to and by authority of ACC 13.48.090
though 13.48.150 may petition the public works director in writing for a hearing on a revision or
modification of such charge or determination, no later than 30 days after having been billed for
such charge or after having been notified of such determination. Such petition shall be filed with
the office of the public works department upon payment of $10.00, which will be refundable if
the proposed appeal is approve& The petition shall identify the property, describe all
improvements or proposed improvements, and allege specific errors in a charge or the basis for
the challenge of a determination.
a. For purposes of this section, notice of determination shall be effective upon the
date of mailing, postage prepaid to the address of the person seeking the determination. Notice of
charges shall be the monthly account billing date, provided that a reduction or increase in
charges shall only be allowed from that billing date forward for which an appeal is filed.
b. Any owner or owners who are actively seeking an appeal to the storm drainage
utility charge shall continue to pay the charge until a final determination is made on the appeal.
Upon final determination by the public works director, any owner or owners who have been
charged incorrectly shall be refunded such overcharges with interest. The interest rate shall be
determined by the city finance director.
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 8
B. Hearing.
1. Upon receiving such a petition, the public works director shall schedule a hearing with
the petitioner within 30 days. Notice of the hearing shall be provided to the petitioner at least 10
days prior to the hearing. Following the hearing, a final determination shall be made by the
public works director and the petitioner so notified within 30 days.
2. All decisions of the public works director shall be based upon sound engineering
practices as they relate to storm and surface water drainage.
3. Nothing in this section shall be construed as granting any right of judicial review
which does not previously exist in law. The decision of the public works director shall be final
and conclusive. A writ of review must be sought in the superior court of King County, if at all,
by an aggrieved party or person within 14 calendar days of the effective date of the public works
director's decisions. (Oral. 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. 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. 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 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 13.04.300. (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. 4492 § 4, 1991.)
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 9
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. 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. 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. 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
conformante 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. 4492 § 4, 1991 .)
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. 4492 § 4, 1991.)
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 10
13.48.250 Permit - 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. 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. 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. 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. 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 conformante
with the provisions of this chapter, the city shall sign off the permit. A copy of such permit shall
remain on file with the city as a permanent record. (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. 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 backfilled 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
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 11
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. 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. 4492 § 4, 1991 .)
13.48.330 System inspection and connection permit fee.
A. A storm drainage system inspection and connection permit fee shall cover the inspection
costs of the system to be connected and the permit to connect to a public storm drainage system.
B. The fee shall be based on $0.25 per linear foot of private storm system, as shown on the
approved plans, or $100.00, whichever is greater. (Ord. 4492 § 4, 1991 .)
13.48.340 Repair permit fee.
A. A storm drainage system repair permit fee shall cover the inspection costs associated with
the repair of any particular private storm drainage system.
B. The fee shall be $25.00 for repairs of private storm system located solely within private
property, and $50.00 for those systems partially or completely located within an existing public
right-of-way or easement. (Ord. 4492 § 4, 1991 .)
13.48.350 Connection fees - Charge in lieu of assessments.
A. The public works director is authorized and directed on January 1, 1987, and thereafter, to
compute and establish connection fees for all public storm drainage system improvements that
have been constructed with city funds upon the completion of such improvements. All existing
storm drainage facilities that have been constructed prior to January 1, 1987, will not be subject
to a charge in lieu of assessments, unless such storm drainage facility currently has an existing
charge in lieu of assessment agreement in place. Such charge in lieu of assessment shall be based
on the total project cost and figured on either a front foot or area assessment basis, or both, at the
reasonable discretion of the public works director. Such project costs shall include all associated
design and construction charges to the project.
B. All connections made to a public storm drainage system from properties which have not
been assessed or have not borne an equitable share of the cost to such public system shall be
subject to a charge in lieu of assessment at the rate for the particular storm drainage system as
stated in subsection A of this section. Such assessment charge shall be based on the pro rata
share of the public storm system at the rate predetermined by the public works director. Payment
of the charge in lieu of assessment shall be made in full, prior to connecting to the public storm
drainage system. (Ord. 4492 § 4, 1991.)
13.48.360 Payback agreement.
The public works director is authorized and directed to execute payback agreements at the
request of the developer upon city council approval. All payback agreements shall be executed
pursuant to ACC 13.40.060. (Ord. 4762 § 1, 1995; Ord. 4492 § 4, 1991.)
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 12
13.48.370 Storm drainage extensions - Adoption of design manualn and construction
standards.
A. City of Auburn Design and Construction StandardsStorm Drainage Design Manual. 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 "City of Auburn Design and Construction
StandardsStorm Drainage Design Manual," and any amendments henceforth. All public and
private storm drainage systems shall be designed and constructed in conformante with such
manual.
B. Developer's D~sign Manual and Developer's Design Manual Supplement. 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 Design Manual," the "Developer's
Design Manual Supplement," and any amendments henceforth. All public and private storm
drainage systems shall be designed and constructed in conformance with such manual. (Ord.
~1q92 § '1, 1991.)
13.48.380 Public storm drainage improvements.
A. The city public works depamnent 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. 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 twelveeight inches in diameter. All private storm
drainage pipe to be installed within such boundaries shall be a minimum of eights4-~ inches in
diameter. (Ord. 4492 § 4, 1991.)
13.48.400 Oversizing.
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. 4492 § 4, 1991 .)
13.48.410 Developer's Public Facility 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. 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
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 13
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. 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. 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. 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. 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. 4492 § 4, 1991.)
Ordinance No. 5146
Exhibit A
September 22, 1998
Page 14