HomeMy WebLinkAbout5853
ORDINANCE NO. 5853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 13.48
ENTITLED "STORM DRAINAGE UTILITY" FOR THE PURPOSE OF
REVISING CODE LANGUAGE TO CLARIFY INTENT
WHEREAS, a review of the current code revealed a need to clarify the
language throughout the chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Chapter 13.48 of the City of Auburn Code is amended to
read as follows:
Chapter 13.48
STORM DRAINAGE UTILITY
Sections:
I. Establishment and Administration
13.48.005 Purpose.
13.48.010 Definitions.
13.48.020 EstablishedStorm drainaQe utilitv created.
13.48.030 Storm drainage system defined.
13.48.040 Transfer of storm drainage system from street department to
storm drainage utility.
13.48.050 Utility administration authority.
13.48.060 Authority to establish rates and charges.
13.48.070 Storm drainage utility fund.
13.48.080 Storm drainage utility system responsibility.
II. Rates and Charges
13.48.090 Sy£tem of charges.
13.48.100 Ch::1rgesRates.
13.48.110 Measurement of impervious area.
13.48.120 Billing and collection.
----------------------------
Ordinance No. 5853
May 27,2004
Page 1
13.48.130 Rate reduction.
13.48.140 Rate exemptions.
13.48.150 Administrative review.
III. Regulations
13.48.160
13.48.170
13.48.180
13.48.190
13.48.200
13.48.210
13.48.220
13.48.225
13.48.230
13.48.240
13.48.250
13.48.260
13.48.270
13.48.280
13.48.290
13.48.300
13.48.310
13.48.320
13.48.330
schedule.
13.48.340
13.48.350
13.48.360
13.t18.370
standards.
13.48.380
13.48.390
13.48.400
13.48.410
13.48.420
13.48.430
13.48.435
Q@:1
13.48.440
13.48.450
13.48.460
Damage to system prohibited.
Trespassing prohibited.
Inspection and compliance with storm drainage requirements.
Cross connections prohibited.
Trees or shrubs obstructing storm sewers prohibited.
Water quality.
Easements.
DrainaQe standards - Review and approval.
Connections.
Connection procedures - Permit required.
Permit DurationTerm.
Permits for additional work.
Permit - Posting.
Permit - Inspection notice.
Inspection and approval.
Restoration of public property.
Work in city right-of-way.
Excavation protection.
System inspection and connection permit feePermit-Fee
Repair permit fee.
Connection fees - Charge in lieu of assessments.
Payback agreement.
Storm drainage extensions Adoption of design and construction
Public storm drainage improvements.
Minimum facility size.
Oversizing.
Developer's public facility extension manual adopted.
Flood hazard areas - Flood control zone permits.
Record construction documentsAs built requirements.
Inspection and maintenance easement and pollution prevention
Maintenance responsibility.
Violation - Penalty.
Severability .
----------------------------
Ordinance No. 5853
May 27, 2004
Page 2
13.48.470 Applicability to Qovernmental entities.
I. Establishment and Administration
13.48.005 Purpose.
The city has determined that a storm drainage utility and associated regulations
will avoid the creation of public nuisances that would occur without such utility
and regulations, and promote the public health, safety and general welfare of
the citizens of Auburn. Public nuisances would consist of:
A. Water-inundated property, both public and private;
B. Increased Uncontrolled volume increase, rate, or contaminated load of
runoff;
C. Degradation of existing water resources such as creeks, streams, rivers,
ponds, lakes, ground water, and other water bodies;
D. Degradation of water used for contact recreation, aquatic habitat, and
aesthetic quality;
E. Jeopardy to the city's compliance with federal flood insurance programs.
(Ord. 5212 § 1 (Exh. J), 1999; Ord. 4776 § 1, 1995.)
13.48.010 Definitions.
The following words when used in this chapter shall have the following
meanings unless the context clearly indicates otherwise:
A. "Base rate" means the monthly charQe for service from the storm drainaQe
utility to recover costs incurred by the utility such as administrative. billinQ
and collection.
B. "CharQe in lieu 0 f assessment" means a charQe made by the city on
property which has not previously participated in the cost of a public storm
drainaQe line directly servinQ the property.
^- "City" means the city of Auburn, 'Nashington, a municipal corporation created
and existing under the laws of the state of VVashington.
C. "City of Auburn desiQn and construction standards" means the requirements
adopted under ACC 12.04 for storm drainaQe, sanitary sewer, street. and water
desiQn and construction.
ßD. "Detention" means the temporary storage of storm and surface water runoff
with provisions for the controlled off-site surface release of the stored water.
C. "City of Auburn design and construction standards" means the manual of the
requirements established by the city's public 'Norks department for storm
drainage, water, sanitary £ewer, and street de£ign.
D. "Developer's public facility extension manual" means the manual of the
requirements, established by the city's public works department for the
----------------------------
Ordinance No. 5853
May 27, 2004
Page 3
construction of publicly o':med facilities by private developers consisting of
£torm drainage, water, sanitary sewer, and street.
E. "Equivalent service unit (ESU)" means a configuration of development or
impervious surfaces estimated to contribute an amount of runoff to the city's
storm drainage system which is approximately equal to that created by the
average single-family residential parcel. One ESU is equal to 2,600 square feet
of impervious surface area or any portion thereof.
F. "Impervious" means those portions of a property which are covered with
surfaces impenetrable to water such as but not limited to asphaltic concrete,
portland cement concrete or, roofing or decks. Permanent open water surface
such as storm water treatment facilities are not considered impervious.
G. "National Pollutant DischarQe Elimination System" (NPDES) means a federal
proQram enacted under the Clean Water Act. reQulated by the Environmental
Protection Aqency, which requires a permit for discharQes of stormwater from
certain industrial activities to surface waters or municipal storm drainaQe
systems.
GH. "Parcel" means the smallest separately segregated unit or plot of land
having an identified owner, boundaries, and surface area which is documented
for tax purpose and given a tax lot number by the appropriate county assessor
for the county in which the parcel is sited.
M!. "Doveloped parcelParcel. developed" 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.
~J. "Parcel. non-sinQle-family" means any parcel of developed land other than
sinQle-family or two-family (duplex) residential.
fL"SingleParcel. sinQle-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.
J.!:. "+weParcel. two-family (duplex) residential parcel" means as defined in
Chapter 18.16 ACC.
tÇ. "Non single family parcel" means any parcel of developed land other than
single family or tv/O family (duplex) residential.
bM. "Parcel. Undeveloped undeveloped parcel" means any parcel which has not
been altered from its natural state by grading or filling of the ground surface, or
by construction of any improvements or impervious surfaces.
MN. "Retention" means the storage of storm and surface water runoff with no
provisions for off-site surface release of the stored water other than by
evaporation and infiltration.
NO. "Storm drainage facility" means any natural stream/creek or constructed
component of Auburn's storm drainage system.
----------------------------
Ordinance No. 5853
May 27, 2004
Page 4
GP. "Storm drainage system" means the total system of storm drainage
facilities as described in ACC 13.48.030.
pa. "Utility" means the city storm drainage utility created by the ordinance
codified in this chapter.
R. "Watercourse" means a channel. either natural or manmade, in which a flow
of water occurs, either continuously or intermittently.
QS. "Water quality treatment" means an engineered and approved facility to
remove contaminants in the existing flow regime of stormwater generated from
a developed parcel pursuant to applicable design standards in place at the time
of approval. (Ord. 5530 § 1, 2001; Ord. 5359 § 1, 2000; Ord. 5293 § 2, 1999;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1,1998; Ord. 4492 § 4,1991.)
13.48.020 Establi£hedStorm drainaQe utility created.
The city council creates and establishes for and on behalf of the citizens of the
city a storm drainage utility, in accordance with and subject to the laws of the
state including the establishment of rates and charges therefor. The city council
further establishes that the storm drainage utility boundaries shall coincide with
the legally established boundaries of the city's corporate limits. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.030 Storm drainage system defined.
The city council declares that the "storm drainage system" shall be defined as
follows: natural and manmade storm drainage facilities used for the conveyance
and/or storage or water quality treatment of storm and surface water within the
boundaries established in ACC 13.48.020 including, without limitation, all such
properties, interests and rights acquired by adverse possession or by
prescription. The definition also includes the conveyance or storage of storm
and surface waters that flow through, under, or over lands, land forms, water
courses, sloughs, streams, ponds, rivers, lakes and s'Nampswetlands,
beginning at a point where storm or surface waters enter the city system and
ending at a point where such storm or surface waters exit from the city's storm
and surface water system, and in width to the full extent of inundation caused
by storm or flood conditions. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,
1991.)
13.48.040 Transfer of storm drainage system from street department to
storm drainage utility.
The city council expressly finds that the value of the existing public storm
drainage system, as defined in ACC 13.48.030, is equal to the value of release
from primary responsibility of the street department, insofar as they relate to or
----------------------------
Ordinance No. 5853
May 27,2004
Page 5
concern storm or surface waters, and they are transferred to and subject to the
administration of the utility created by the ordinance codified in this article, and,
therefore, the street department is released from such primary responsibility.
(Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.050 Utility administration authority.
The city's storm drainage utility herein created shall be administered by the city
public works department in such a manner as the city council shall provide.
(Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.060 Authority to establish rates and 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 manaQement 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 facilitio£ which are reasonably required for proper
and adequate handling manaQement of storm waters for the benefit of the
service area;
5. The costs of monitoring, inspection, enforcement, and administration of the
utility including, but not limited to, water quality surveillance, private
maintenance inspection, construction inspection, and other activities which are
reasonably required for the proper and adequate implementation of the city's
storm and surface water policies.
B. The fees and charges to be paid and collected pursuant hereto shall not be
used for general or other governmental or proprietary purposes of the city
except to pay for the equitable share of the costs of accounting, management,
----------------------------
Ordinance No. 5853
May 27,2004
Page 6
and government thereof incurred on behalf of the utility. (Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4,1991.)
13.48.070 Storm drainage utility fund.
The city council creates and establishes a special fund to be known and
designated as the storm drainage utility fund. All utility service charges collected
shall be deposited in this fund for the purpose of paying all or any part of the
cost and expense for planning, administering, constructing, acquiring,
maintaining, operating, and improving utility facilities. Moneys Monies in this
fund shall be assigned to a specific account within the utility as designated by
the city council. The department of finance shall maintain a separate record of
accounts showing the receipts and disbursements of each and every account
assigned to this fund. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.080 Storm drainage utility system responsibility.
The responsibility f{)r the maintenance and operation of the storm drainage
utility system shall be by the public works sewer/storm divi£ion supervisor, in
such manner as the city council £hall provide. (Ord. 5222 § 1 (Exh. C), 1999;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
II. Rates and Charges
13.48.090 System 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 charge£ are deemed reasonable and necessary to fund admini£tration,
planning, design, construction, operation, maintenance, repair, improvement,
and replacement of all existing and future storm and surface water facilities,
including the accumulation of reservo£ and the retirement of any associated
debt. (Ord. 5293 § 2,1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.100 ChargesRates.
The customer classes and charges rates below are based upon the cost of
services provided by the storm utility. The following seven customer classes
and rate structure are established, and billing for services shall occur, as of the
first full billing cycle after October 1, 2000, and thereafter, for all developed
parcels of real property in the city, until further modified by city council action:
A. Single-Family Residential Parcels and Two-Family Residential Parcels. The
single-family and two-family residential monthly charge shall be $9.07 per
month.
----------------------------
Ordinance No. 5853
May 27.2004
Page 7
B. Non-Single-Family Parcels (NSF).
Customer Classes Base Rate Per Month ESU Rate Per
Month
Non-Single-Family $5.76 $7.89/ESU
NSF w/Detention $5.76 $6.33/ESU
NSF w/Retention $5.76 $3.94/ESU
NSF wlWater Quality Treatment $5.76 $3.30/ESU
NSF w/Detention and Water Quality Treatment $5.76 $3.16/ESU
NSF w/Retention and Water Quality Treatment $5.76 $2.21/ESU
The customer classes set forth in this subsection shall be applicable only if the
qualifying on-site facilities have met applicable city standards upon installation,
have received city approval of construction, and are conforming with the
applicable operations and maintenance standards. In the event that the public
works directorcity determines that the operation and maintenance standards are
not being complied with, the customer class shall be determined to be that of
non-single-family only, until operation and maintenance of said facilities meet
city standards; whereupon, the customer being billed may reapply for system
inspection, in writing, for reclassification to the previous class.
The monthly charge for non-single-family parcels shall be based upon the
following formula:
BASE RATE CHARGE + (TNESU * RATE) = Storm Drainage Charge, where
TNESU = Total number of equivalent service units contained on the parcel.
An equivalent service unit has been determined to be 2,600 square feet of
impervious surface, or any fraction thereof as defined in ACC 13.48.110.
C. Developed Parcels. Only developed parcels containing impervious surfaces
as defined in ACC 13.48.010 shall be charged.
D. Multiple Class Accounts. When a developed non-single-family parcel
contains more than one customer class, the appropriate charge rate for each
customer class will be calculated, and the aggregate total summed for billing.
(Ord. 5530 § 1, 2001; Ord. 5504 § 1, 2001; Ord. 5360 § 1, 2000; Ord. 5293 § 2,
1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.110 Measurement of impervious area.
The director of public \A.'orkscity shall determine the number of square feet of
impervious surface in all non-single-family parcels, excluding undeveloped
parcels, and the total surface area of each such parcel of real property, using
the best available source data as obtained through the records of the
appropriate county assessor for the county in which the parcel is sited, aerial
photographic methods, or applicable engineering drawings. Within the limits of
the source data, accuracy to two-tenths of an equivalent service unit will be
----------------------------
Ordinance No. 5853
May 27,2004
Page 8
made. Impervious surface created incidental to a lot line adjustment to
secretariat separate an undeveloped parcel from a developed parcel and which
results in impervious surface less than two-tenths of an equivalent service unit
upon the undeveloped parcel shall not be subject to a storm drainage charge.
(Ord. 5530 § 1,2001; Ord. 5293 § 2,1999; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
13.48.120 Billing and collection.
Storm drainage utility charges rates shall be billed on a bimonthly basis.-+Ae
amount billed shall be included on the sanitary se'A'er bill or on the water or
garbage bill if not served by the se'Ner utility. ,^, separate billing shall be made to
those property owners '.vithin the city who are not city water, garbage or sanibry
£e'Ner customers.
^- Utility Bill Collection Outlets. Tho collection of municipality utility bills may be
made by the local merchants as designated in /',CC 13.28.010.
SA. Order of Payment. Payments received for utility bills shall be applied
towards the following bills in the order of priority shown:
1. Late charQes;
~Storm;
2-ª. Garbage;
ð1. Sewer;
4§. Water.
GB. Service Charges - Payment Delinquencies. The foregoing service charges
rates for storm and surface water shall be due and payable at the same time
and manner as fixed by ACC 13.G406.300 and ACC 13.06.511.
GC. Charges Constitute Lien. All charges f-or storm and surface waterdrainaQe
utility rates, including service charges, together \\'ith penalties and interest
referred to in this article shall constitute a lien upon the property from which
such charges are due, superior to all other liens and encumbrances
whatsoever, except for general taxes and local special assessments.
Enforcement of such lien shall be in the manner provided by law. (Ord. 5293 §
2,1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.130 Rate reduction.
The director of public works may reduce the normal storm drainage utility
charge rate for a parcel of real property that satisfies one or more of the
follmNing conditions:
A. In the event that a parcel of property iswhich has been incorrectly assessed
as determined through the administrative review process described in section
----------------------------
Ordinance No. 5853
May 27,2004
Page 9
13.48.150., SH6A-- Such parcel will be credited in the amount equal to the
difference between the two assessments in accordance with written city policy.
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 /\CC 13.24.050. (Ord. 5293 § 2,1999; Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4,1991.)
13.48.140 Rate exemptions.
The director of public workscity shall provide exemptions for the following
parcels of real property:
A. All public rights-of-way that are owned and operated by the city, King or
Pierce Counties or the Washington State Department of Transportation;
B. A parcel of real property that is undeveloped;
C. Common ownership tracts of land for the purposes of private access to
single-family and two-family residential parcels. (Ord. 5530 § 1,2001; Ord.
5293 § 2,1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.150 Administrative review.
A. Written Request. Any owner(s) who dispute the method and/or values used
in the calculation of their storm drainage charges rates as billed by the city by
authority of ACC 13.48.090 through 13.48.150 may request, in writing, a review
of the charge rate by the director of public works. The disputed method and/or
values used in the calculation of a storm drainage charge rate may be disputed
only once. The written request for review should identify the property, describe
all improvements, proposed improvements and state the basis for the request
for the administrative review of the billing chargesrates. The written request
must be received by the public works director within 180 days of the account
billing date of the disputed charge.
1. For the purpose of this section, the public works director's decision will be
effective upon the date of mailing of the decision, postage prepaid to the
address provided in the written request for review by the person(s) seeking
administrative review.
2. Any owner(s) who is seeking administrative review of the storm drainage
charge rate shall continue to pay the charge rate as billed by the city until a
written decision is provided by the public works director. Upon the written
decision by the public works director, any owner(s) who has been incorrectly
charged will have their account adjusted accordingly. Adjustments to billings, if
warranted, will cover billings occurring during the administrative review and
billings that preceded the date of receipt of written request for review in
accordance with written city policy.
----------------------------
Ordinance No. 5853
May 27, 2004
Page 10
B. Review. All decisions by the public works director will be provided in writing,
to the person(s) seeking review within 30 days of the public works director
receiving the written request for review. The decision of the public works
director will be based on sound engineering practices as they relate to storm
and surface water drainage. The decision of the public works director shall be
final and conclusive. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
III. Regulations
13.48.160 Damage to system prohibited.
No person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is part of the public storm drainage system. (Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4, 1991.)
13.48.170 Trespassing prohibited.
It is unlawful for any person to trespass or be upon the lands and premises of
the city, lawfully enclosed by fencesposted, upon which any public storm
drainage facility is situated, unless duly authorized by the city. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.180 Inspection and compliance with storm drainage requirements.
A. Duly authorized personnel of the city shall have free access to private
property at hours subject to the provisions of ACC 1.20.010 for the purpose of
inspecting private storm drainage systems, the manner in which they are being
used, and the satisfactory compliance with the provisions of this article.
B. Any property~ where the existing storm drainage facilities were constructed
per approved construction plans conforming to Chapter 15.721\CC, and as
replacod herein, found to be in nonconformance with such plans, shall be
required to correct all such nonconformances as directed by the city. If, after
proper notice, the property owner does not comply with set requirements as
directed by the city, then the city shall have the authority to correct such
nonconformances and bill the property owner for all reasonable costs. Any
delinquent payments shall constitute a lien as fixed by ACC 13.0406.300. (Ord.
5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.190 Cross connections prohibited.
The installation or maintenance of any cross connection pertaining to the
connection between any storm drainage system and any sanitary sewer system
----------------------------
Ordinance No. 5853
May 27.2004
Page 11
is prohibited. Any such cross connections now existing or hereafter installed are
a nuisance and shall be abated immediately. If, after proper notice, the property
owner does not abate the cross connection as directed by the city, then the city
shall have the authority to abate such connection(s) and bill the property owner
for all reasonable costs. Any delinquent payments shall constitute a lien as fixed
by ACC 13.G406.300. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.200 Trees or shrubs obstructing storm sewers prohibited.
It is unlawful to allow to Qrow any tree or shrub whose roots obstruct public or
private storm drainaQe facilities. Wherever such plantinQs are shown to be
obstructinQ public storm drainaQe facilities they shall be removed or otherwise
remedied from obstructinQ said storm drainaQe facilities, at the expense of the
property on which the plantinQ Qrows. Such expense may become a lien on said
property. It is unlawful to plant or maintain any tree or shrub whose root£ are
likely to obstruct public or private storm drainage se'Ners. (Ord. 5212 § 1 (Exh.
J), 1999; Ord. 4492 § 4, 1991.)
13.48.210 Water quality.
A. A-Prohibited Discharqes.
It is unlawful for any individual. firm or corporation to discharQe into the public
storm drainaQe system directly or indirectly any liquid or solid foreiQn
substances of biodeQradable or other nature which may cause or tend to cause
water pollution, includinQ but not limited to the followinQ items:
Petroleum products includinQ but not limited to oil, Qasoline, diesel fuel, Qrease,
fuel oil and heatinQ oil; trash and debris; pet wastes; chemicals; paints; paint
chips, steam cleaninQ wastes; wastes from washinQ of fresh concrete for
cleaninQ and/or finishinq purposes or to expose aQqreQates; laundry wastes;
soaps; pesticides, herbicides or fertilizers; sanitary sewaQe; heated water;
chlorinated water or chlorine; deQreasers and / or solvents; bark and other
fibrous material; antifreeze or other automotive products; lawn clippinqs, leaves
or branches; animal carcasses; silt. sand, dirt or rock; acids or alkalis; dyes
(without prior permission of the drainaQe utility); construction materials or food
waste.lt i£ unla'mul f-or 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 'Nater quality
to degrade from Cla£s ^ \\'ator quality standards of the state herein adopted as
part of this articlo by reference unles£ the discharge i£ the result of normal
operation of public or private parking lots or streets.
----------------------------
Ordinance No. 5853
May 27, 2004
Page 12
B. DischarQe 0 f Pollutants - Liability for Expenses Incurred by the Utility.
Any individual. firm or corporation responsible for pollutant discharQe into the
public storm drainaQe system who fails to immediately collect. remove, contain,
or treat such materials as directed by the city shall be responsible for the
necessary expenses incurred by the city in carryinQ out any pollutant abatement
procedures, includinQ the collection, removal. containment. treatment or
disposal of such materials.
C. Permissible DischarQes.
DischarQes from the sources listed below shall only be illicit discharQes if the
city determines that the type of discharQe, whether sinQly or in combination with
others, is a siQnificant source of water pollution:
Individual residential car washinQ, dechlorinated swimminQ pool discharQes,
washinQ of potable water storaQe reservoirs; flushinQ of potable water: natural
uncontaminated Qroundwater; air conditioninQ condensation: natural sprinQs;
uncontaminated water from crawl space pumps; runoff from lawn waterinQ;
irriQation runoff; street wash water; discharQes in compliance with an NPDES
permit; and discharQes from approved footinQ drains and other subsurface
drains.
D. Exemption.
DischarQes resultinQ from public firefiQhtinQ activities, but not from activities not
related to firefiQhtinQ such as the maintenance or cleaninQ of firefiQhtinQ
equipment, are exempt from reQulation under this Section.
B. Products of erosion shall be prevented from entering the public dr3inage
system at all times, both during construction on the property and the
subsequent operation of the facilities provided. /\11 trash and debris shall be
prohibited from entering tho drainage £ystem at any point within the property.
(Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.220 Easements.
All public storm drainage systems shall be required to be located within a
recorded public storm drainage easement or public right-of-way. An
unobstructed ingress/egress maintenance easement shall be provided for
access to the storm drainage facilities. The minimum width of the required
----------------------------
Ordinance No. 5853
May 27, 2004
Page 13
drainage easement shall be adequate to encompass all facilities and include
room for access and maintenance, as determined by the city. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.225 DrainaQe standards - Review and approval.
All development creatinQ new impervious surfaces shall meet all applicable
Qeneral and desiQn requirements in accordance with the City of Auburn desiQn
and construction standards.
13.48.230 Connections.
A. Required Connections. All non-single-family residential building permits shall
be subject to a mandatory connection to a public storm drainage system where
the development has the potential to negatively impact public or private
property or receiving waters as determined by the city 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.
3. Properties located within the Downtown Plan Study Area as identified in
Figure 1, "Downtown Plan Area" of the Auburn Downtown Plan/EIS approved
May 21,2001, that utilize existing nonconforming storm drainage connections
and apply for a building permit to make an addition, alteration or repairs of
greater than 50 percent of the assessed valuation of such structure whether
wholly exterior or a combination of interior and exterior will not necessitate
upgrading of the storm drainage facilities to current city storm drainaQe
standards and reQulations when there is no change in the amount of impervious
surface, for a period of five years from June 18, 2001. Net new impervious
surfaces will be subject to current city storm drainaQe standards and
reQulations. (Ord. 5530 § 1, 2001; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492§ 4,
1991.)
----------------------------
Ordinance No. 5853
May 27, 2004
Page 14
13.48.240 Connection procedures - Permit required.
A. It is unlawful for any person to construct or connect to a public or private
storm drainage system without first obtaining a written permit to do so from the
city.
B. It is unlawful for any person to repair or replace either a private or public
storm drainage system without first obtaining a written permit to do so from the
city, unless such repair or replacement constitutes an emergency. (Ord. 5212 §
1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.250 Permit - DurationTerm.
All permits issued under the provisions of this chapter shall be valid for a period
of 12 months180 days after the date of application approval., Permits may be
extended one time by the city, for a period of 60 days, if an extension is applied
for prior to the expiration of the time oriQinally limited in the permit. but the
same may be extended at the reasonable discretion of the public '.vorks director
without charge f-or a period of two months upon application therefor, prior to the
expiration of the time originally limited in the permit. If the time extension is not
requested prior to the expiration of the time originally limited in the permit, an
additional fee equal to one-half the original permit shall be charged if a time
extension is granted. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.260 Permits for additional work.
When a permit has been issued for a private storm system as provided by this
chapter, no additional work shall be undertaken outside the original scope of
work without a new permit being issued covering all such additional work. (Ord.
5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.270 Permit - Posting.
All storm drainage permits issued as provided by this chapter shall be posted in
some conspicuous place at or near the work. (Ord. 5212 § 1 (Exh. J), 1999;
Ord. 4492 § 4, 1991.)
13.48.280 Permit - Inspection notice.
Any person performing work under any permit pursuant to the provisions of this
chapter shall notify the city's agent as listed on the permit when the work will be
ready for inspection and shall specify in such notice the location of the
premises. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
----------------------------
Ordinance No. 5853
May 27,2004
Page 15
13.48.290 Inspection and approval.
A. If the city, upon inspection of the project, finds that the work or material used
is not in accordance with the provisions of this chapter, the city shall notify both
the person performing the work and also the owner of the premises by written
notice. Such notice shall be posted upon the premises and shall state the
defects of the work and/or material found in such inspection. A copy of such
notice shall be kept on file in the office of public '.\'orksat the city.
B. Upon the satisfactory completion of work as designated on the permit in
conformance with the provisions of this chapter, the public works
departmentcity shall sign off the permit, provide the necessary calculations for
billing, and forward to the finance department to initiate the storm drainage
billing as designated in ACC 13.48.100. A copy of such permit shall remain on
file with the city as a permanent record. (Ord. 5530 § 1,2001; Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.300 Restoration of public property.
/\11 streets, sidewalks, alleys, parkways, public utilities, and other public property
distributed in the course of private or public construction sh311 be restored or
replaced in a manner satisfactory to the public works director. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.310 Work in city right-of-way.
A. All contractors performinQ work within the limits of any street city right-of-way
or any public easements must be pursued to completion with due diligence, and
if an excavation i£ left open beyond a reasonable length of time, the city shall
cause tho same to be backfilled and restored forthwith.
B. Any costs incLÍrred by the city in backfilling or restoring the excavation 'J.'ill be
charged to the property owner and/or developer. Any delinquent payments shall
con£titute alien, as fixed by ACC 13.04.300.
C. All contractors performing work '.vithin 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 'Nith the state during the course of the
'Nark. 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 f-or 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 in£urance f-or each occurrence, $1,000,000. (Ord.
5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)shall comply with ACC 12.66.
----------------------------
Ordinance No. 5853
May 27, 2004
Page 16
13.48.320 Excavation protection.
All excavations for storm drainage systems installation shall be properly
safeguarded with lights and barricades according to adopted city standards so
that the same will not be a menace to public safety. (Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4, 1991.)
13.48.330 System inspection and connection permit feePermit-Fee
schedule.
A. A storm drainage system inspection and connection permit fee sRaU-to cover
tAe-plan checkinQ, inspection~ costs of the system to be connected and the
permit to connect to a public storm drainage systemrecord drawinQs and
processinq of permit information for new connections to the public storm
drainaQe system shall be charQed for all development includinQ sinQle-family
residential.
B. A storm drainaQe system repair permit fee to cover inspection and
processinQ of permit information shall be charQed for repairs to private storm
drainaQe systems.
ßC. The fee§. shall be based on $0.25 per linear foot of private storm £ystem, as
shown on the approved plans, or $100.00, \'Ihichever is greateras shown in the
city of Auburn fee schedule. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,
1991.)
13.48.340 Repair permit f-ee.
A. ^ storm drainage system repair permit fee shall cover the inspection costs
associated with the repair of any particular private storm drainage £ystem.
B. The f-ee £hall be as set in the City of Auburn Fee Schedule. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.350 Connection fees - Charge in lieu of assessments.
Property that has not previously paid for storm drainaQe systems abuttinQ their
property may be connected to the abuttinq storm drainaQe system; provided,
that all such property shall pay a charQe in lieu of assessment. The city will
determine the charQe in lieu of assessment amount based on the property's
proportional share of the calculated cost for the storm drainaqe system.
Properties connectinQ to storm drainaQe systems constructed prior to 1987 will
not be required to pay a charQe in lieu of assessment. unless required to do so
under an existinQ aQreement.
A The public work£ director is authorized and directed on January 1, 1987, and
thereafter, to compute and establish connection f-ees for all public storm
drainage system improvements that have been constructed with city funds upon
---------------------------
Ordinance No. 5853
May 27, 2004
Page 17
the completion of such improvements. /\11 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 £hall be baced 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. /\11 connections made to a public storm drainage sy£tem from propertios
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 ^ of this
section. Such asses£ment charge £hall be based on the pro rata share of the
public storm sy£tem at the rate predetermined by the public works director.
Payment of the charge in lieu of assessment shall be made in full, prior to
connecting to the public storm drainage system. (Ord. 5212 § 1 (Exh. J), 1999;
Ord. 4492 § 4, 1991.)
13.48.360 Payback agreement.
The public works director is authorized and directed to execute payback
agreements at the request of the developer upon city council approval. All
payback agreements £hall be executed pursuant to /\CC 13.40.060. (Ord. 5212
§ 1 (Exh. J), 1999; Ord. 4762 § 1, 1995; Ord. 4492 § 4,1991.)
13.4 8.370 Storm drainage exten£ions Adoption of design and construction
standards.
^- City of ,A,uburn Design and Construction Standards. There is adopted by
reference, upon the effective date of the ordinance codified in this chapter, and
upon filing '.\'ith the city clerk one copy thereof, the city of Auburn design and
construction standards, and any amendments henceforth. /\11 public and private
storm drainage systems shall be designed and constructed in conformance with
such manual. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998; Ord. 4492 §
4,1991.)
13.48.380 Public storm drainage improvements.
A. The city public 'A'orks 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.
----------------------------
Ordinance No. 5853
May 27, 2004
Page 18
B. All public storm drainage extensions shall be extended to and across the full
width of the property to be served. No property shall be served with public storm
sewers unless such storm sewer main is extended to the extreme boundary
limit on the property line extending the full length of the front footage of the
property. All storm system extensions shall be designed using sound
engineering practices and sized in accordance with the comprehensive storm
drainage plan to serve, to the extent possible, adjacent and upstream
properties. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.390 Minimum facility size.
All public storm drainage pipe to be installed within the service area of the city's
storm utility boundaries shall be 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 diametersized in accordance with the city of Auburn desiQn
and construction standards. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998;
Ord. 4492 § 4, 1991.)
13.48.400 Oversizing.
When it is deemed necessary by the city, as a condition of development for the
developer to install conveyance lines larger than are required to serve adjacent
properties, such development shall be eligible for a payback agreement as
£tated in ACC 13.48.360. The storm drainage utility may participate in the cost
to construct the oversizing upon council appro'lalthe city may, pursuant to a
written aQreement between the city and the developer neQotiated in advance to
any work, compensate the developer for the difference in cost of the oversizinQ,
if the extension is economically feasible for the city. (Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4,1991.)
13.48.410 Developer'£ public facility extension manual adopted.
There is adopted by reference, upon the effecti'.'e date of the ordinance codified
in this chapter, and upon filing 'Nith the city clerk one copy thereof, the
"Developer's Public Facility Extension Manual for Storm Sewers, Sanitary
Sewers, '.^later, and Streets," and any amendments henceforth. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.420 Flood hazard areas - Flood control zone permits.
The public 'Nork£ departmentcity is authorized and directed to monitor and
control all new development within flood hazard areas in conformance with the
requirements of Chapter ACC 15.68-AGG. A permit application shall be required
for all such development within this area. The public 'Norks departmentcity shall
----------------------------
Ordinance No. 5853
May 27,2004
Page 19
either issue or deny such permit upon review of the application and shall have
the authority to require all reasonable mitigating measures deemed necessary
due to the development. The cost for the flood control zone permit shall be as
set in the City of Auburn Fee Schedule. (Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
13.48.430 As built requirementsRecord construction documents.
Upon completion of private storm drainaQe system construction the developer
shall submit record construction documents to the city. The record construction
documents shall be prepared in accordance with city requirements and shall
accurately reflect all field desiQn revisions made durinQ the construction
process: The city must review and approve the record construction documents
prior to approvinQ a private storm drainaQe system for operation)\.. Private
System I\s Built£. 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 bums of such system. The certification shall guarantee
that the storm drainage system '....ill function as designed and shall include all
pertinent discrepancies 'J.'ith the approved plan.
B. Public System As Builts. Certified as builts shall be required f-or all public
storm drainage systems pursuant to the "Developer's Public Facility Extension
Manual for Storm Se'Ners, Sanitary Se'...,ers, VV.ater and Streets" adopted in
^CC 13.48.410. The certification shall guarantee that the storm drainage
system '."Iill function as designed and shall include all pertinent discrepancies
with the approved plan. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4,1991.)
13.48.435 Inspection and maintenance easement and pollution prevention
Q@:1
All permitted development projects shall require the execution, in accordance
with city requirements, of a Stormwater Pollution Prevention Plan and a
standard inspection and maintenance easement aQreement that provides for
the city to enter the property for inspection of the site's private storm drainaQe
facilities, and if the owner fails to maintain said system, to perform necessary
maintenance. The aQreement shall be prepared by the City and executed by
the owner prior to the issuance of occupancy permits for the development.
13.48.440 Maintenance responsibility.
A. Private Maintenance Responsibility. The maintenance and operation of
private storm drainage systems shall be the responsibility of the property owner.
It shall be the responsibility of the developer to make arranQements with the
occupants or owners of the subject property for assumption of operation and
----------------------------
Ordinance No. 5853
May 27, 2004
Page 20
maintenance in a manner subject to the approval of the city or in accordance
with the operations and maintenance proQram prepared for the property's storm
drainaQe facilities. The city may inspect the facilities in order to ensure
continued use of the facilities for the purposes for which they were built and in
accordance with these arranQements. Failure to maintain the facilities in Qood
workinQ order shall be considered a violation, enforceable in accordance with
ACC 1.25.
B. Public Maintenance Responsibility. The city shall be responsible for the
maintenance and operation of all public storm drainage facilities located within
the public easements and rights-of-way following the completion of a successful
maintenance period and the acceptance of such facilities by the city. (Ord. 5212
§ 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.450 Violation - Penalty.
Any violation of this chapter sRaU-may be enforced pursuant to the provisions of
ChapterACC 1.25-AGG. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4502 § 13,1991;
Ord. 4492 § 4,1991.)
13.48.460 Severability.
The provisions of this chapter are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section or portion of
this chapter, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this chapter or the
validity of its application to other persons or circumstances. (Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.470 Applicability to qovernmental entities.
All municipal corporations and Qovernmental entities shall be required to submit
a drainaQe plan and comply with the terms of this chapter when developinQ
and/or improvinQ land includinQ, but not limited to, road buildinQ and wideninQ,
within the areas of the city. It is recoQnized that many other city, county, state,
and federal permit conditions may apply to the proposed action and that
compliance with the provisions of this chapter does not constitute compliance
with such other requirements.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this ordinance.
----------------------------
Ordinance No. 5853
May 27,2004
Page 21
Section 3. If any portion of this Ordinance or its application to any
person or circumstances is held invalid, the remainder of the Ordinance or the
application of the provision to other persons or circumstances shall not be
affected.
Section 4. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: JUN 2 1 2004
PASSED: JUN J 1 2004
APPRO~ JUN 2 1 2004
ill? -~
PETER B. LEWIS -
MAYOR
ATTEST:
~.'.~'!
' \.. I /
, ~
Danielle Daskam
City Clerk
Published:
Co ( z~:-~I 0+
----------------------------
Ordinance No. 5853
May 27,2004
Page 22