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.