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HomeMy WebLinkAbout5293 ORDINANCE NO. 5293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTIONS 13.48.010 ENTITLED "DEFINITIONS", 13.48.090 ENTITLED "SYSTEM OF CHARGES", 13.48.100 ENTITLED "CHARGES", 13.48.110 ENTITLED "MEASUREMENT OF IMPERVIOUS AREA", 13.48.120 ENTITLED "BILLING AND COLLECTION", 13.48.130 ENTITLED "RATE REDUCTION", 13.48.140 ENTITLED "RATE EXEMPTIONS" AND 13.48.150 ENTITLED "ADMINISTRATIVE REVIEW" WHICH ARE CONTAINED IN AUBURN CITY CODE CHAPTER 13.48 ENTITLED "STORM DRAINAGE UTILITY" TO IMPLEMENT CHANGES IN THE RATE STRUCTURE AND CHARGES FOR THE STORM WATER UTILITY SERVICES. WHEREAS, the City of Auburn Public Works Department has completed the 1999 Cost of Service and Rate Study for City of Auburn Storm Water Utility services; and WHEREAS, changes in the rate structure and charges for storm water utility services need to be implemented in the year 2000 to assure that the Storm Utility has sufficient financial resources to maintain its existing facilities and to finance new capital projects; and WHEREAS, rate revenues are required to support the 1999 bond sale and proposed 2001 bond sale; and ' 'WHEREAS, amendments to Auburn City Code Sections 13.48.010 entitled "Definitions," 13.48.090 entitled "System of Charges", 13.48.100 Ordinance No. 5293 10-1-99 Page 1 entitled "Charges," 13.48.110 entitled "Measurement of Impervious Area," 13.48.120 entitled "Billing and Collection," 13.48.130 entitled "Rate Reduction ," 13.48.140 entitled "Rate Exemptions" and 13.48.150 entitled "Administrative Review" which are contained in Chapter 13.48 entitled "Storm Drainage Utility" 'are set forth in Exhibit "A" is attached hereto and incorporated herein by this reference. NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section1. Purpose. The purpose of the amendments is to incorporate changes in the rate structure and charges for storm water utility services to assure that the Storm Utility has sufficient financial resources to maintain its existing facilities and to finance new capital projects. Section 2. Aubum City Code Sections 13.48.010 entitled "Definitions," 13.48.090 entitled "System of Charges," 13.48.100 entitled "Charges," 13.48.110 entitled "Measurement of Impervious Area," 13.48.120 entitled "Billing and Collection ," 13.48.130 entitled "Rate Reduction," 13.48.140 entitled "Rate Exemptions," and 13.48.150 entitled "Administrative Review" which are contained in Chapter 13.48, entitled "Storm Drainage Utility" are hereby Ordinance No. 5293 10-1-99 Page 2 amended as set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other ' persons or circumstances. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Ordinance No. 5293 10-1-99 Page 3 INTRODUCED: OCTOBER 4, 1999 PASSED: OCTOBER 4, 1999 APPROVED: OCTOBER 4, 1999 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 5293 10-1-99 Page 4 Chapter 13.48 STORM DRAINAGE UTILITY Sections: I. Establishment and Administration 13.48.005Purpose. 13.48.010Definitions. 13.48.020Established. 13.48.030Storm drainage system defined. 13.48.040Transfer of storm drainage system from street department to storm drainage utility. 13.48.050Utility administration authority. 13.48.060Authority to establish rates and charges. 13.48.070Storm drainage utility fund. 13.48.080Storm drainage utility system responsibility. II. Rates and Charges 13.48.090System of charges. 13.48.100Charges. 13.48.110Measurement of impervious area. 13.48.120Billing and collection. 13.48.130Rate reduction. 13.48.140Rate exemptions. 13.48.150Administrative Review. III. Regulations 13.48.160Damage to system prohibited. 13.48.170Trespassing prohibited. 13.48.180Inspection and compliance with storm drainage requirements. 13.48.190Cross connections prohibited. 13.48.200Trees or shrubs obstructing storm sewers prohibited. 13.48.210Water quality. 13.48.220 Easements. 13.48.230Connections. 13.48.240Connection procedures - Permit required. 13.48.250Permit - Duration. 13.48.260Permits for additional work. 13.48.270Permit - Posting. 13.48.280Permit - Inspection notice. 13.48.290Inspection and approval. 13.48.300Restoration of public property. 13.48.310Work in city right-of-way. 13.48.320Excavation protection. 13.48.330System inspection and connection permit fee. 13.48.340Repair permit fee. 13,48,350Connection fees - Charge in lieu of assessments, 13.48.360Payback agreement. 13.48.370Storm drainage extensions - Adoption of design and construction standards. 13.48.380Public storm drainage improvements. 13.48,390Minimum facility size. 13.48.400Oversizing. 13.48.41 0Developer's Public Facility Extension Manual adopted. 13.48.420Flood hazard areas - Flood control zone permits. 13.48.430As-built requirements. 13.48.440Maintenance responsibility. 13.48.450Violation - Penalty. 13.48.460Severability. I. Establishment and Administration 13.48.005Purpose. · 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 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. 13.48.010Definitions. 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 standards" means the manual of civil site pl3n and facility extension plan the requirements established by the city's public works department for storm drainage, water, sanitary sewer, and street design. D. "City of Auburn design and construction standards" means the manual of fill and grading/erosion control pl3n requirements established by the city's public works department for storm drainage and oresion control design associated with fill and/or grading projects. DE-=. "Developer's public facility extension manual" means the manual of the requirements, established by the city's public works department for the construction of publicly owned facilities by private developers consisting of storm drainage, water, sanitary sewer, and street. E.R "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_.G=. "Impervious surface multiplier" moans a multiplier ueod in the city's storm utility rate formula which rofioc, ts the hydraulic impact of increasing percentages of impervious surface area. The effect of such multiplier is to incroaso tho monthly sorvice charge for parcols having a higher ratio of imporvious surfaco 3r03 to total surface"-ar-ea= Means those portions of a property which are covered with either asphalt, concrete surfacing, Portland cement concrete surfacing or building roofs. G.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. H...__~. "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. J. Parcel, Agricultural. "Agricultural parcel" moans any parcel of land upon which tho principal curront land uso is for producing crops or raising livostook and may inciudo barns, groonhousos, and othor nondwolling structures rolatod to farming 3otivitios. Agriculturo parcels that contain ono or moro dwolling units shall bo 3ssossod tho corrosponding rosidontial parcel charge; i.e., singlo family, multifamily two rosidontial units and multifamily threo rosidontial units. I_.K-=. Parcel, Dovolopod. "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. J.L=. Parcel, Singlo Family Rosidontial. "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. ,DarO01, Multifamily Two Rosidontial Unit. "Multifamily two rosidontial unit parcel" moans any parcel of land having on it two dwolling units which aro dosignatod for oc, c, upancy by two familios or similar groups of pooplo. N. Parcol, Multifamily Throo Rosidonti31 Unit. "Multifamily throo rosidential unit parcol" moans any parcol of land having on it throo dwolling units which aro designod for oc, cupanoy by throe familios or ~imilar groups of pooplo. K. "Non-Single family parcel" means any parcel of developed land other than single family residential, L.G~. Parcol, Undovolopod. "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 ethe~ impervious surfaco aroa which affocts tho hydraulic proportios of the parcol. surfaces. M .R "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. N.Q=. "Storm drainage facility" means any natural stream/creek or constructedporson made component of Auburn's storm drainage system. O.~. "Storm drainage system" means the total system of storm drainage facilities as described in ACC 13.48.030. P.,%, "Utility" means the city storm drainage utility created by the ordinance codified in this chapter. Q. "Water Quality Treatment" means a facility to remove contaminants in the existing flow regime of storm water. 13.48.020Established. 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. 13.48.030Storm 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. 13.48.040Transfer of storm drainage system from street department to storm drainage utility. The city council expressly finds that the value of the existing public storm drainage system, as defined in ACC 13.48.030, is equal to the value of release from primary responsibility of the street department, insofar as they relate to or concern storm or surface waters, and they are transferred to and subject to the administration of the utility created by the ordinance codi~ed in this article, and, therefore, the street department is released from such primary responsibility. 13.48.050Utility 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. 13.48.060Authority to establish rates and charges. A. The city shall establish by ordinance, rate classifications, service charges, inspection and permit fees, application and connection fees, and such other fees and charges necessary and sufficient in the opinion of the city council to pay for the following: 1. The costs associated with the development, adoption and implementation of a comprehensive storm drainage utility master plan; 2. The costs, including debt service and related financing expenses, of the construction and reconstruction of storm drainage and water quality facilities necessary and required for the handling of storm and surface waters that benefit the service area but not presently in existence; 3. The operation, repair, maintenance, improvement, replacement and reconstruction of storm drainage facilities that benefit the service area which presently exists; 4. The purchase of a fee or lesser interest, including easements, in land which may be necessary for the storm drainage system in the service area including, but not limited to, land necessary for the installation and construction of storm drainage facilities and all other facilities and including retention and detention facilities and water quality facilities which are reasonably required for proper and adequate handling of storm waters for the benefit of the service area; 5. The costs of monitoring, inspection, enforcement, and administration of the utility including, but not limited to, water quality surveillance, private maintenance inspection, construction inspection, and other activities which are reasonably required for the proper and adequate implementation of the city's storm and surface water policies. B. The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the city except to pay for the equitable share of the costs of accounting, management, and government thereof incurred on behalf of the utility. 13.48.070Storm 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 e_xpense for planning, administering, constructing, acquiring, maintaining, operating, and improving utility facilities. Moneys in this fund shall be assign~_d"t6 a specific account within the utility as d~Signated 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. 13.48.080Storm drainage utility system responsibility. The responsibility for the maintenance and operation of the storm drainage utility system shall be by the public works sewer/storm division supervisor, in such manner as the city council shall provide. II. Rates and Charges 13.48.090System of charges. A. There is imposed a system of charges on each developed parcel of real property within the city to operate the storm drainage utility established by this chapter. - / B. The charges are deemed reasonable lifid 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. 13.48..100Charges. The customer classes and charges below are based upon the cost of servcies provided by the storm utility. The following chargos seven customer classes and rate structure are established as of April 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: the single-family residential monthly charge shall be $9,07 per month in accardanco with tho following schodulo: 1. As of January 1, 1991 - $3.50/Rosidontial Parcol; 2. As of J3nu3ry 1, 1992 $4.00/Rosidontial Parcol; 3. As of January 1, 1993 $4.50/Rosidontial P3rcol; 4. As of J3nu3ry 1, 1094 $5.00/Rosidontial Parcol; 5. As of J3nuary 1, 1995 - $5.50/Rosidonti31 Parcol; 6. And thoro3~or 3t tho Janu3ry 1, 1995 rato until furthor modifiod by dty council B, Non-Single Family Parcels (NSF): Customer Classes Base Rate ESU Rate Non-Single Family $5.76/month $7,89/ESU NSF w/Detention $5.76/month $6.33/ESU NSF w/Retention $5,76/month $3,~)4/ESU NSF w/Water Quality Treatment $5.76/month $3.30/ESU NSF w/Detention and Water Quality Treatment $5,76/month $3,16/ESU NSF w/Retention and Water Quality Treatment $5.76/month $2.21/ESU The customer classes set forth in this subsection shall be applicable only if the qualifying on-site facilities have met applicable city standards upon installation. have received city approval of construction. and are conforming with the applicable operations and maintenance standards. In the event that the public works director determines that the operation and maintenance standards are not being complied with, the customer class shall be determined to be that of 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 charge for non-single family parcels shall be based upon the following formula: BASE RATE + TNESU * RATE = Storm Drainage Charge, where TNESU = Total number of equivalent service units contained on the parcel. An equivalent service unit has been determined to be 2.600 square feet of impervious surface, or any fraction thereof. B. Multifamily Two Residential Unit P-arools. The two residential unit charge shall bo oquivalont to tho single family rato por month for oach parcel having two rosidontial dwollings. For rosidontial parcels that contain two attar, hod dwolling units and havo two soparato rosidontial utility accounts, the storm drainage utility usor foo will bo oqually dividod and oac, h rosidontial utility account charged tho 3ppropriato amount. For rosidontial parcols that contain two attachod dwolling units and havo ono commoroial utility account, tho storm drainage utility usor leo will bo ontiroly assignod to tho single commoroial utility account and charged tho appropriato amount. C. Multifamily Throo Rosidontial Unit Parcols. Tho throo rosidontial unit charge shall bo oquivalent to tho singlo-family rate por month for oach parcel having throo rosidontial dwollings. For rosidontial parcols that contain throo attachod dwolling units and havo throo soparato rosidontial utility aoc, ounts, tho storm drainage utility usor foo will bo oqually dividod and oach rosidontial utility account charged tho 3ppropriato amount. For residontial parcels that contain throo attachod dwolling units and havo ono commoroial utility ac, c, ount, tho storm drainage utility user foe will bo ontiroly 3ssignod to tho singlo commorcial utility account and charged tho appropriato amount. D. Agricultural P-arcols, Agricultural parcels that do not contain 3 dwolling unit shall not bo charged. Agricultural parcols that contain ono or moro dwolling units shall boasc, ossod tho appropriato rosidontial parcel charge; i.o., singlo family, multifamily two rosidontial units and multifamily throo rosidontial units. C.E~. The minimum charge for any non-single family subjoct to any applicablo parcel shall be the base rate and the rate for one ESU as defined in ACC 13.48.010. D.F-= Undeveloped Parcels. Undeveloped parcels shall not be charged. G. Other P-arcols. 1. The charge for all other parcels except single family, multifamily two and throe 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 oontainod on the parcel. An equivalent eorvice unit has boon determined to be 2,600 square foot of impervious surface or any fraction thereof. ISM Impervious surface multiplier as determined by caloulating the percentage of impervious surface cevorago on the parcel as doffnod 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 00 1.5 01 to 100 1.6 b. Impervious surfaGo multipliers cerrolato the theoretical hydraulic impact of 3 parcel to its percentage of impervious surfaGo. The multiplier for the average single family residence is established at 1. The multiplier linearly inoroaP..,os as the percentage of impervious area inoroaces. The largest multiplier has a value of 1.6 which is reflective of its hydraulic impact on the drainage system as cemparod to that of the average single family residence. 13.48.110Measurement of impervious area. The director of public works shall determine the number of square feet of impervious surface in all non:single-family parcels, multifamily two and multifamily throo rosidontial unit parcols, excluding agricultural and undeveloped parcels, and the total surface area of each such parcel of real property, through the records of the appropriate county assessor for the county in which the parcel is sited and through aerial photographic methods, provided that the methods used ensure accuracy to one-tenth of an equivalent service unit as defined herein. 13.48.120Billing 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. 13.48.130Rate 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. Tho ownor of a parcol, othor than a rosidontial parcol, as statod in ACC 13.48.010, that has installod an approvod on-sito rotention systom which substantially reduces tho rato of flow expoctod after tho dovolopmont of such a parcel. No roductions will bo rnado for mitigativo moasuros which are requirod to moot any ordinance, rogulations, other control or standard ostablishod by tho city, King or Piorco Countlos or tho st3to of Washington. Such roductions shall bo commonsurato with tho mitigating offor_,ts so that tho roduction in rato¢ will bo in approxirnato proportion to tho roduction in runoff. In no case shall such a reduction rosult in a rato loss than tho monthly charge for a singlo family rosidontial parcel. Such a reduction will romain in offoct as long as: 1. Tho owner of such a systom has obtainod tho proper pormits and constructod tho systom ac, e, ording to pl3ns approvod by tho diroctor of public 2. Tho owner remains rosponsiblo for all costs of oporation and m3intonanco of tho syetom (consistont with city standards). 3. Tho director of public works has as, toes for inspoction of tho systom to dotormino if it is in compliance with dosign 3nd maintonanco stand3rdc and functioning proporly. A, ~ In the event that a parcel of property is incorrectly assessed as determined through the administrative reviewhoaring 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 parsel of real property that senrains a major extra capacity storm drainage storago/senveyanse channel, and is privatoly owned, maintainod and oporatod, may bo oligiblo to partially or semplotoly substitute an aocoptablo in- kind sorvise in tho plase of tho storm drainage utility charge. Tho in kind sorvise shall sensist of 3 regular rnaintonanse program to c.,Ioan, rodofino and onhanse the storago and senvoyanse charactoristics of the channel or ditch. Tho in kind sorvise will be required to be semparablo in monetary value and oaoh parsel will be ovaluatod on a case by case basis. D. A parsel of real proporty othor than a residential parcel (i.e., residential single dwolling unit, two dwelling unit or throo-dwolling unit) that solely utilizes a direct stormwater dischargo to a major watorseurso in which the city holds no rosponsibility for maintonanse, operation, senstruction, etc., shall bo subject to 3 roduction in the utility charge based on the rodused impact to the city storm drainage system. Each parsel that qualifies under this category will bo ovaluatod on a case by case basis. 13.48,140Rate exemptions. The director of public works may provide exemptions for the following parcels of real property: A. A parsel of real property upon which the principal ourrent land use is for producing crops or raising livostoc, k and does not sentain a dwelling unit; A.B=. 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.G=. A parcel of real property that is in an undeveloped or natural state. 13.48.150 Administrative Review A. Wri~en Request 1. Any owner(s) who dispute the method and/or values used in the calculation of their storm drainage charges as billed by the City by authority of ACC 13.48.090 through 13.48.150 may request, in writing, a review of the charge by the director of public worksPublic Works Director. The disputed method and/or values used in the calculation of a storm drainage charge may be disputed only once. The written request for review should identify the property, describe all improvements, proposed improvements and state the basis for the request for the administrative review of the billing charges. The written request must be received by the Public Works Director within 180 days of the account billing date of the disputed charge. a. 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. :~.~ b. Any owner(s) who is seeking administrative review of-t.~h_.e' storm drainage charge shall continue to pay the charge as billed by the City until a written decision is provided by the Public Works Director, Upon the written decision by the Public Works Director, any owner(s) who has been incorrectly charged will have their account adjusted accordingly, Adjustments to billings, if warranted, will cover billings occurring during the Administrative Review and billings that preceded the date of receipt of written request for review in accordance with written City policy. B. Review 1. 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. III. Regulations 13.48.160Damage 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. 13.48,170Trespassing 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. 13.48.180Inspection 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. 13.48.190Cross 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. 13.48,200Trees 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. 13.48.210Water 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 dudng construction on the property and the subsequent operation of the facilities provided. All trash and debds shall be prohibited from entering the drainage system at any point within the property. 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. 13.48.230Connections. A. Required Connections. All nonsingle-family residential building permits shall be subject to a mandatory connection to a public storm drainage system where the development has the potential to negatively impact public or private property or receiving waters as determined by the city engineer or whenever an existing public system is available adjacent to the site or where the public system is required to be constructed adjacent to the property as a condition of development. B. Existing Nonconforming Connections. 1. Properties that utilize existing nonconforming storm drainage connections and apply for a building permit to make an addition, alteration or repairs of greater than 50 percent of the assessed valuation of such structure shall be required to bring such structure and property into conformance with current city storm drainage standards and regulations. 2. Properties that utilize existing nonconforming storm drainage connections and apply for a building permit to make wholly interior improvements within the exiting structure shall not be required to bring such structure and property into conformance with current city storm drainage standards and regulations. 13.48.240Connection 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. 13.48.250Permit - 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. 13.48.260Permits 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. 13.48.270Permit - Posting. All storm drainage permits issued as provided by this chapter shall be posted in some conspicuous place at or near the work. 13.48.280Permit - 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. 13.48.290Inspection and approval. A. If the city, upon inspection of the project, finds that the work or material used is not in accordance with the provisions of this chapter, the city shall notify both the person performing the work and also the owner of the premises by written notice. Such notice shall be posted upon the premises and shall state the defects of the work and/or material found in such inspection. A copy of such notice shall be kept on file in the office of public works. B. Upon the satisfactory completion of work as designated on the permit in conformance with the provisions of this chapter, the city shall sign off the permit. A copy of such permit shall remain on file with the city as a permanent record. 13.48.300Restoration 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. 13.48.310Work 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 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. 13.48.320Excavation 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. 13.48.330System 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. 13.48.340Repair 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. 13.48.350Connection 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. · 13.48.360Payback 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. 13.48.370Storm drainage extensions - Adoption of design and construction standards. A. City of Auburn Design and Construction Standards. 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 standards, and any amendments henceforth. All public and private storm drainage systems shall be designed and constructed in conformance with such manual. 13.48.380Public storm drainage improvements. A. The city public works department is authorized and directed to require reasonable off-site public storm drainage improvements necessitated by new development. Such mitigating improvements shall be made in addition to any other requirements of the city for on-site improvements. B. All public storm drainage extensions shall be extended to and across the full width of the property to be served. No property shall be served with public storm sewers unless such storm sewer main is extended to the extreme boundary limit on the property line extending the full length of the front footage of the property. All storm system extensions shall be designed using sound engineering practices and sized in accordance with the comprehensive storm drainage plan to serve, to the extent possible, adjacent and upstream properties. 13.48.390Minimum facility size. All public storm drainage pipe to be installed within the service area of the city's storm utility boundaries shall be a minimum of 12 inches in diameter. All private storm drainage pipe to be installed within such boundaries shall be a minimum of eight inches in diameter. 13.48.400Oversizing. 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. 13.48.410Developer'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. 13.48.420Flood hazard areas - Flood control zone permits. The public works department is authorized and directed to monitor and control all new development within flood hazard areas in conformance with the requirements of Chapter 15.68 ACC. A permit application shall be required for all such development within this area. The public works department shall either issue or deny such permit upon review of the application and shall have the authority to require all reasonable mitigating measures deemed necessary due to the development. The cost for the flood control zone permit shall be $50.00 for each application. 13.48.430As-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 "Developers 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 funstion as designed and shall include all pertinent discrepancies with the approved plan. 13.48.440Maintenance 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. 13.48.450Violation - Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. 13.48.460Severability. 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.