HomeMy WebLinkAbout08-16-2016 PLANNING COMMISSION AGENA PACKETThe City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recomme ndations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
August 16, 2016
AGENDA
I. CALL TO ORDER – 7:00 p.m., City Hall Annex Conference Room 2, 1 East Main
Street, 2nd Floor, Auburn.
A. ROLL CALL/ESTABLISHMENT OF QUORUM
B. PLEDGE OF ALLEGIANCE
II. APROVAL OF MINUTES
A. July 19, 2016
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PUBLIC HEARING
A. Low Impact Development Code Update (ACC Title 12, 13, 15, 17, and 18)*
(Howard)
Summary: Review proposed Low Impact Development Code Updates.
V. OTHER BUSINESS
A. Proposed Ordinance No. 6600, Setbacks for Chicken Coops, Runs, Etc.* (Gouk)
Summary: Planning Commission to discuss City Council’s remand of the proposed zoning
code amendment pertaining to setbacks for structures and areas housing domestic fowl.
VI. COMMUNITY DEVELOPMENT REPORT
Update on Planning and Development Department activities.
VII. ADJOURNMENT
DRAFT
PLANNING COMMISSION
July 19, 2016
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:01 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Vice-Chair Copple,
Commissioner Mason, Commissioner Lee, Commissioner Stephens, Commissioner
Shin, Commissioner Moutzouris, and Commissioner Smith.
Staff present included: City Attorney Dan Heid, Assistant Director of Community
Development Jeff Tate, Utilities Engineering Manager Lisa Tobin, Storm Drainage
Engineer Tim Carlaw, Utility Civil Engineer Shannon Howard, Planning Services
Manager Jeff Dixon, and Community Development Administrative Assistant Tina Kriss.
Members of the public present: Shirley Chittenden; Kimberly Wells, Legal Fellow,
Representing Puget Soundkeeper.
b.) PLEDGE OF ALLEGENCE
II. APPROVAL OF MINUTES
A. June 21, 2016
Commissioner Copple moved and Commissioner Smith seconded to approve the
minutes from the June 21, 2016 meeting as written.
MOTION CARRIED UNANIMOUSLY. 8-0
III. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
IV. PUBLIC HEARING
A. Low Impact Development Code Update
Assistant City Attorney Jeff Tate introduced staff presenting the Public Hearing on
Low Impact Development Code Update, ACC Title 13, 17, and 18.
Staff provided a PowerPoint presentation highlighting the proposed amendments to
Auburn City Code Title 12,04 Public Works Construction; Title 13.41 Utility Systems
Development Charge, Chapter 13,48 Storm Drainage Utility; Title 17.02 General
Provisions, Chapter 17.09 Short Subdivisions, Chapter 17.10 Preliminary
Subdivisions, Chapter 17.12 Final Subdivisions, Chapter 17.26 Cluster Subdivisions;
and Title 18.50 Landscaping and Screening.
PLANNING COMMISSION MEETING MINUTES July 19, 2016
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The Commission and staff discussed the definition of Low Impact Development as
noted in Chapter 13.48.010. A discussion was held regarding inspections and
compliance as required for storm drainage under Chapter 13.48.180 and civil
infractions and penalties for failure to comply with Auburn City Code. Assistant
Director Tate reviewed the Code Enforcement process for violations.
Assistant Director Tate explained the city received a letter from Puget Soundkeeper
dated July 19, 2016. Mr. Tate explained that staff would like to have a follow-up
conversation over the concerns noted within the letter but has not had sufficient time
to review the comments provided by Puget Soundkeeper.
The Commission and staff discussed the language noted in the amendment “LID will
be the preferred method” and how that relates to the NPDES permit and the state
requirements. Utilities Engineer Manager Lisa Tobin explained it is not possible for
LID to be the preferred method in all cases because in some cases the location does
not provide infiltration as there are occasional limitations based on the conditions. In
those cases, city staff makes a determination if LID is feasible with LID being the first
consideration per the stormwater manual requirements.
Chair Roland opened the public hearing on the proposed amendments to the Low
Impact Development Code Update under ACC Title 13, 17, and 18 at 7:49 p.m.
Kimberly W ells, 130 Nickerson Street, Suite 107, Seattle, WA 98109.
Ms. Wells stated she represents Puget Soundkeepers with their main office in
Seattle with members in Auburn and throughout the Puget Sound Watershed. She
expressed that many folks care about water quality and the LID Code Updates but
have not voiced concerns as she feels the city has not been transparent in the public
process. She stated she has made a request for records from the city but does not
feel the request was satisfied.
She stated that there are two distinct requirements related to LID; Special Condition
S5.C.4.a and Special Condition S5.C.4.f. Condition S5.C.4.f is a separate
requirement to the municipal stormwater permit which requires the city to review and
revise its code to make LID the preferred and commonly used approach to
development.
Ms. Wells stated Puget Soundkeepers is deeply concerned that these updates do
not satisfy the requirements of S5.C.4.f. Puget Soundkeepers does not oppose the
amendments that the city is proposing but feels only one of the two requirements is
satisfied. She stated that Puget Soundkeepers believes Auburn is not on tract to
comply with the permit requirement to revise their development-related codes and
other related enforceable documents by December 31, 2016 because the
amendments being presented do not minimize impervious surfaces, native
vegetation loss, and stormwater runoff. The updates only implement the stormwater
manual and make the necessary updates to be consistent with the stormwater
manual.
PLANNING COMMISSION MEETING MINUTES July 19, 2016
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To protect water quality and comply with condition S5.C.4.F Puget Soundkeeper
urges Auburn to review and revise their municipal code and enforceable documents
to make low impact development the preferred and commonly used approach to
development.
With no other public present for testimony, Chair Roland left open the public record
for the August 16th, 2016 Public Hearing on the Low Impact Development Code
Updates under ACC Title 13, 17, and 18. The next meeting for this public hearing is
August 16, 2016.
V. OTHER BUSINESS
A. Domestic Animals in Residential Zones
Assistant Director Tate provided an overview of the Title 18 Auburn City Code
amendments that went before City Council as Ordinance No. 6600. A review of the
Planning Commission process of meetings, transmittal materials and discussions
pertaining to domestic fowl was provided.
The Commission and staff discussed the request by City Council remanding the set-
backs for domestic fowl for chicken coops, chicken runs and those types of activities.
Staff explained that the Planning Commission can evaluate their recommendation
and reaffirm the Planning Commission recommendation and request that staff bring
the proposal back to City Council as is or to request that staff develop a new series
of alternative setback options with the intent for a staff presentation, hearing, and
deliberation during the August 16, 2016 Planning Commission meeting.
Staff provided Table 18.07.030 Residential Development Standards and a table
providing a jurisdictional comparison on fowl and their regulations along with Table
18.07.030, Section F, which outlines all of the setbacks for different residential
designations within the city.
The Commission and staff discussed the current regulations. Commissioner Lee
and Commissioner Mason felt the Planning Commission provided due diligence in
their review of the setbacks but Commissioner Lee also pointed out that three new
Planning Commission members were not involved in the discussion and review so it
may be helpful to get more information and options from staff.
Commissioner Lee moved and Commissioner Copple seconded to bring back
Proposed Ordinance No. 6600 relating to setback options for Chicken coops, chicken
runs and those types of activities for a staff presentation and a public hearing for the
Planning Commission to deliberate.
MOTION CARRIED. 5-3
VI. COMMUNITY DEVELOPMENT REPORT
Assistant Director Tate provided mid-year overview of where the city is on development
activity. The reports are from January 1, 2016 to June 30, 2016 with a similar time frame
in 2015 for comparison. The summary shows strong permitting activity for 2016 with
much higher construction valuation in 2016. The building permits
PLANNING COMMISSION MEETING MINUTES July 19, 2016
Page 4
issued are for new construction, these numbers are very strong. Forty-Three new
construction permits were issued for construction throughout the city, a strong number
mid-way through the year with a construction valuation of 20 million.
The Commission and staff discussed development status activity within the city. The
next Planning Commission meeting will be held August 16, 2016.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:39 p.m.
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M EMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Shannon Howard, Civil Engineer Utilities
DATE: August 16, 2016
RE: Low Impact Development Code Update (ACC Title 12, 13, 15, 17, and 18)
Purpose:
On June 14, 2016 proposed code updates related to meeting requirements mandated
by the Washington State Department of Ecology were presented to the Planning
Commission. These proposed code changes would make Low Impact Development
principles and best management practices the required stormwater management
strategy, where feasible, for all new development and redevelopment within the City of
Auburn.
On July 19, 2016 the Planning Commission held a Public Hearing to receive public
comment on the proposed code updates prior to the Planning Commission developing
recommendations to the City Council. This transmittal provides additional information to
assist the Planning Commission with their recommendations.
Additional Draft Code Revisions
Included in this submittal are additional draft code revisions that have been developed
since the July 19th meeting that are intended to better integrate the clearing and grading
standards with the stormwater management requirements. These additional
amendments are not intended to be substantive in nature. They are intended to inform
staff and customers who are reading the clearing and grading standards that they must
also reference ACC 13.48 and comply with the stormwater management standards.
Proposed updates to ACC 15.74 Land Clearing, Filling and Grading are included and
summarized in the section entitled “Code Revision Recommendation Summary” at the
end of this memo.
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Response to Public Comment
The Planning Commission received one public comment during the July 19, 2016 Public
Hearing. A letter and public testimony from Puget Soundkeeper dated July 19, 2016,
commented on the Low Impact Development Code Update process being undertaken
by City staff, with reference to the Special Conditions in the City’s National Pollutant
Discharge Elimination Permit (NPDES) Phase II Municipal Stormwater Permit (Permit).
The two comments in the letter and public testimony are summarized below (shown
underlined), followed by City staff’s response.
1. Special Condition S5.C.4.a requires the City to update its stormwater manual to
be consistent with the Department of Ecology’s Stormwater Management Manual
for Western Washington (DOE SWMMWW) and to make code changes to be
consistent with the DOE SWMMWW. The representative from Puget
Soundkeeper stated that the City’s proposal to adopt the DOE SWMMWW and
the proposed code changes satisfy this Special Condition.
Proposed stormwater manual and code changes satisfy the Special Condition
S5.C.4.a – no further response required.
2. Special Condition S5.C.4.f.i requires the City to update development-related
codes and other enforceable documents to minimize impervious surfaces, native
vegetation loss, and stormwater runoff in all types of development situations.
Puget Soundkeeper’s letter expressed concern about the City’s schedule for
complying with this condition.
The NPDES Permit requires the City of Auburn to comply with Special Condition
S5.C.4.f.i (emphasis added):
“No later than December 31, 2016, Permittees (Auburn) shall review, revise
and make effective their local development related codes, rules, standards,
or other enforceable documents to incorporate and require LID principles
and LID BMPs.
The intent of the revisions shall be to make LID the preferred and
commonly-used approach to site development. The revisions shall be
designed to minimize impervious surfaces, native vegetation loss, and
stormwater runoff in all types of development situations. Permittees shall
conduct a similar review and revision process, and consider the range of
issues, outlined in the following document: Integrating LID into Local Codes:
A Guidebook for Local Governments (Puget Sound Partnership, 2012).”
The City of Auburn has met this Special Condition through the following code
revisions and actions:
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ACC 12.04.010.B.2 establishes the 2014 Department of Ecology Stormwater
Management Manual for Western Washington (SWMMWW) and City of
Auburn Supplemental Manual as the City’s Surface Water Management
Manual (SWMM). The City’s SW MM is an enforceable document under this
code chapter and ACC 13.48.225. The intent of adopting the SWMMWW as
the City’s SWMM is to incorporate and require LID principles and LID BMPs
through making effective an enforceable document, and make LID the
preferred and commonly-used approach to site development through the use
of this document. The City of Auburn Supplemental Manual is currently under
review and will provide specific guidance for using the SWMMWW within the
City to employ LID principles and BMPs as the preferred and commonly-used
approach to site development.
ACC 13.48.225.D.1 requires that new development and redevelopment
prepare a stormwater site plan for review by the City, and this “shall be
designed in accordance with Volume I, Chapter 3 of the SWMM”. Chapter 3,
Volume I of the SWMM contains several steps that guide the user through
site development using LID principles. These steps instruct the user to
preserve areas with natural vegetation and minimize impervious areas, the
purpose of which is to minimize stormwater runoff. The intent of this code
revision is to minimize impervious surfaces, native vegetation loss, and
stormwater runoff through making LID the preferred and commonly-used
approach to site development.
ACC 13.48.225.D.5 requires the use of LID principles and BMPs, designed in
accordance with the SWMM. The intent of this code revision is to make LID
the preferred and commonly used approach to site development through both
local development code and an enforceable document. The primary objective
of requiring the use of LID principles and BMPs through this code revision is
to minimize impervious surfaces, native vegetation loss, and stormwater
runoff.
City of Auburn staff conducted the thorough review and revision gap analysis
process outlined in the document Integrating LID into Local Codes: A
Guidebook for Local Governments (Puget Sound Partnership, 2012). The
results of the gap analysis process have been documented in a series of
spreadsheets covering the Guidebook’s 12 topics of: Site Planning and
Assessment; Healthy Soils; Landscaping, Native Vegetation, and Street
Landscaping; Hard and Impervious Surfaces; Bulk and Dimensional
Considerations; Clearing and Grading; Streets and Roads; Parking; Design
Guidelines and Standards; Stormwater Management and Maintenance;
Subdivision and Planned Unit Development; and Critical Areas and Shoreline
Management. These spreadsheets, which indicate whether code
changes/additions are required or not for each topic, are considered to be in a
draft form until the Planning Commission and City Council complete their
review of proposed Auburn City Code revisions. The spreadsheets will then
be finalized to document the code changes associated with each topic, and
will be submitted to the Department of Ecology no later than March 31, 2017
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with the City’s annual stormwater report, as required in Special Condition
S5.C.4.f.ii.
City of Auburn staff continue the process of meeting this Special Condition of
the NPDES Permit through ongoing revisions to the City of Auburn
Engineering Standard Details. The Standard Details are both standards and
enforceable documents under ACC 12.04. These revisions are to specifically
include LID BMPs with the intent of making LID the preferred and commonly-
used approach to site development. The purpose of these Standard Details
are to provide practical, real-world guidance in minimizing impervious area to
reduce stormwater runoff. City staff will complete these revisions and the City
Engineer will approve these Standard Details by the deadline of December
31, 2016.
Additional changes to ACC 15.74, included with this transmittal, clarify the
intent of that code chapter to include making LID the preferred and
commonly-used approach to all land disturbance activities associated with
development.
In November 2014, City staff formed an interdisciplinary LID Core Group that
includes engineers, planners, stormwater utility staff, inspectors, development
review staff, maintenance personnel, and managers to develop the codes, rules,
standards, or other enforceable documents to incorporate and require LID
principles and LID BMPs. This LID Core Group has engaged in additional efforts
beyond those listed above to make Low Impact Development the preferred and
commonly used approach to site development, including:
Internal and external staff training focused on LID
Tours of LID facilities for elected officials
Information on the City of Auburn website
Quarterly articles in Auburn Magazine about LID
Discussion at Master Builders Association/City of Auburn stakeholder
meetings
Collaboration with other Phase II Permittees regarding LID implementation
Development of LID guidance documents for the citizens of Auburn
Map highlighting existing examples of LID facilities in Auburn
These are just a few of the ways that staff has demonstrated a commitment to
meeting the intent of this Special Condition of the NPDES Permit. While these
efforts are not a requirement of the NPDES Permit, they further illustrate that the
intent of the review and revision process has been to align the City’s
development practices with Low Impact Development principles.
The complex process of implementing Low Impact Development priniciples
requires more than changes to code. Auburn Municipal Code provides the
backbone of regulation to apply LID principles to development in the City through
enforceable documents. Engineering standards and the Stormwater
Management Manual are the enforceable documents that provide the guidance
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to manage the details of implementing LID priniciples and BMPs. There is an
administrative flexibility that is provided through using these enforceable
documents to guide the application of LID principles and BMPs that is not
available with revisions to the Auburn Municipal Code alone. Any future
improvements to LID technology or updates to the LID process can be made by
the City Engineer through administrative updates to the engineering standards or
SWMM. The NPDES Permit provides the flexibility for this approach through
requiring the review and revision of local development related codes, rules,
standards, or other enforceable documents. A review of the proposed code
changes without taking into consideration the significant changes occurring in
these enforceable documents ignores how the City is meeting the requirements
of the NPDES Permit. The staff members of the LID Core Group are confident
that the City will be in compliance with requirements of the NPDES Permit by the
December 31, 2016 deadline. Constructive feedback and participation from the
community regarding this process is welcome, and indeed helpful.
Code Revision Recommendation Summary:
The code changes summarized below replace the summary provided at the July
19, 2016 Planning Commission meeting.
ACC 12.04 Public Works Construction
Recommend revisions to 12.04.010 B(2) to establish the 2014 Department of
Ecology Stormwater Management Manual for Western Washington, and
Supplemental Manual for use within the City of Auburn, as the City’s Surface
Water Management Manual (SWMM).
ACC 13.41 Utility Systems Development Charge
Recommend that the System Development Charge (SDC) credit for the use of
LID in 13.41.050 (B) is eliminated. Current City Code provides a System
Development Charge (SDC) credit of up to 70% to encourage the use of LID.
Since consideration of LID is shifting from voluntary to mandatory beginning in
2017, this is no longer needed.
Recommend removal of LID definition in 13.41.010 (E); the term is eliminated
from this chapter with the revision above, and is defined adequately in other
chapters.
ACC 13.48 Storm Drainage Utility
Recommend revision of Purpose in 13.48.005 to better describe the goals of the
Storm Utility, including: regulatory compliance; protection of property and surface
water bodies; and provisions for maintenance, planning, collection of utility rates,
and enforcement.
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Recommend modifying 13.48.005 C from “promote LID ..as appropriate” to
“require LID…where feasible”.
Recommend revision and adding definitions in 13.48.010 relative to LID and the
update of the City’s SWMM.
Recommend adding to 13.48.180 to provide authority to establish necessary
recorded instrument that defines location of required storm BMPs and
maintenance obligations.
Recommend revisions to 13.48.225 to conform with updates to Ecology’s
Minimum Requirements and require the use of LID principles and BMPs per the
DOE SWMMWW.
Recommend revision to 13.48.230 B to change “impervious” to “hard” surfaces to
match new DOE definitions and requirements.
Recommend adding section 13.48.425 Low Impact Development in Ground
Water Protection Areas to protect ground water sources of drinking water in
Ground W ater Protection Zones defined in ACC 16.10.080 by not allowing the
use of LID infiltration facilities that collect runoff from pollution-generating
surfaces without also including enhanced treatment.
Recommend adding sections 13.48.245 Storm Drainage Permit, 13.48.246
Permit – Application, 13.48.247 Permit – Approval, and 13.48.XXX Permit -
Revocation to establish code requirements for storm drainage permits.
ACC 15.74 Land Clearing, Filling and Grading
Recommend revision of Intent in 15.74.010 to require implementation of LID
principles for land clearing, filling, and grading activities.
Recommend revision of Scope in 15.74.020 to require that all land disturbing
activities meet the provisions of ACC 13.48, including meeting standard LID
requirements where applicable.
Recommend revision of Exemptions in 15.74.050 to clarify that other sections of
the Auburn City Code will still apply to activities exempted from the requirements
of this specific chapter.
ACC 17.02 General Provisions
Recommend revision of Purpose in 17.02.030 to incorporate consideration of LID
principles into subdivision layouts.
ACC 17.09 Short Subdivisions
Recommend revision of 17.09.050 D(2) and K to include consideration of LID
principles in storm drainage/site grading plans for short subdivisions and addition
of requirement to notify individual property owners of location,
responsibilities,and requirements related to LID stormwater management
facilities.
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ACC 17.10 Preliminary Subdivisions
Recommend addition of 17.10.020 D(4e.i) and (4e.ii) to require identification of
location and maintenance responsibilities for proposed LID facilities in
preliminary plat applications.
Recommend addition of 17.10.070 H to include consideration of LID principles in
preliminary plat findings of fact.
ACC 17.12 Final Subdivisions
Recommend addition of 17.12.010 D(17) to require notification of individual
property owners and/or associations of the location, responsibilities, and
requirements associated with LID and stormwater management facilities in final
plat documents.
ACC 17.26 Cluster Subdivisions
Recommend revision of Purpose in 17.26.010 to include consideration of
clustering as a LID technique.
Recommend revision of 17.26.030 B to allow flexibility in minimum lot size, width,
and area to allow maximizing density when LID facilities are designated.
Recommend revision of 17.26.030 D(5) and (6) to restrict future variances to
setbacks and lot coverage limits when cluster developments are approved, and
eliminate restriction to lot width in cluster subdivisions.
Recommend revision to 17.26.030 D(7a), (7d), and (7e) to allow for LID facilities
in existing common space requirements and the use of LID principles in open
space layout.
ACC 18.50 Landscaping and Screening
Recommend expanding Intent in 18.50.010 to include LID principle of using
landscaping to disconnect impervious surfaces.
Recommend expanding Applicability in 18.50.020 to specifically exclude single-
family and duplex units on existing lots located within subdivisions.
Recommend adding 18.50.040 A(5) to allow LID facilities to be included in
minimum landscaping requirements.
Recommend revision to Notes for Table 18.50.040(A) to include preference for
the LID design principles of preserving native coniferous vegetation and planting
of native plant species.
Recommend revision to 18.50.040 C(1), (1a), and (1c) to include LID principles
in Landscape Design.
Recommend revision to 18.50.040 C(4) to allow the use of bumper blocks in
parking lot landscaping when used as part of a LID design.
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Proposed Planning Commission Schedule:
June 21 – overview of LID and review of staff-generated proposed City code
changes; this meeting will provide an opportunity for Planning Commission to ask
questions and raise issues that can be addressed and incorporated into the
materials that are subject to the public hearing scheduled for the next meeting.
July 19 – public hearing on proposed City code changes for LID.
August 16 – continue public hearing if needed Planning Commission
deliberations; Planning Commission vote/decision.
Exhibits:
Exhibit A – Draft City Code Amendments
Please note that the attached proposed Code Amendments replace the
documents provided at the July 19, 2016 Planning Commission meeting. A new
version is being transmitted in order to provide page numbers on the document
and to include the supplemental draft amendments to Chapter 15.74 ACC.
Chapter 12.04
PUBLIC WORKS CONSTRUCTION
Sections:
12.04.010 Adoption of engineering construction standards and engineering design standards.
12.04.020 Contracts – Conformance to engineering construction standards and engineering design standards.
12.04.030 Severability.
12.04.040 Engineering construction standards and engineering design standards – Copies filed.
12.04.050 Authorities for public infrastructure and right -of-way management.
12.04.010 Adoption of engineering construction standards and engineering design standards.
A. Adopted – Engineering Construction Standards. The engineering construction standards include the following
documents and manuals which are herein referred to as the “engineering construction standards” and are adop ted by
reference:
1. The Standard Plans (M21-01) for Road, Bridge, and Municipal Construction prepared by the Washington State
Department of Transportation, the latest publication and amendments thereto, as determined appropriate for city
infrastructure by the city engineer and for conformance with adopted city engineering design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction, the latest (English) edition
publication and amendments thereto as issued by the Washington State Department of Transportation as
supplemented and amended through special provisions by the city engineer for specific construction applications
and for conformance with adopted city engineering design standards.
3. The City of Auburn Engineering Standard Details, a manual of specific plans or drawings developed and
adopted by the city of Auburn department of public works which show frequently recurring components of work
that have been standardized for repetitive use, as supplemented and amended by the city engineer for specific
construction applications and for conformance with adopted city engineering design standards.
B. Adopted – Engineering Design Standards. The engineering design standards as approved, supplemented and
amended by the city engineer for specific design applications and in consultation with the city council on policy issues
or broad citywide implications shall include the following documents and manuals which are herein referred to as the
“engineering design standards” and are adopted by reference:
1. A manual of specific engineering design requirements which shows frequently recurring public transportation
and utility infrastructure standards.
2. The City of Auburn Surface Water Management Manual (SWMM) which is the 2014 Department of Ecology
Stormwater Management Manual for Western Washington, 2008 City of Tacoma Surface Water Management
Manual as amended and its Supplemental Manual for use in the city of Auburn. The SWMM is a manual of
specific requirements related to storm drainage management.
C. Adopted – Highway Access Management. Chapter 468-52 WAC, Highway Access Management – Access Control
Classification System and Standards, and amendments thereto, with the exception of WAC 468 -52-060 and
468-52-070, is adopted by reference with the following amendments:
1. All references to the “Department” shall be changed to “city of Auburn.”
2. All references to Chapter 468-51 WAC or sections thereof shall be changed to “City of Auburn Engineering
Design Standards.” (Ord. 6532 § 14, 2014; Ord. 6283 § 1, 2009; Ord. 6258 § 1, 2009; Ord. 6157 § 1, 2008; Ord.
5042 § 1 (Exh. B), 1998.)
A-1
12.04.020 Contracts – Conformance to engineering construction standards and engineering design
standards.
All public work construction contracts of the city, including but not limited to streets and sidewalks, storm water and
sanitary sewer systems, and water systems, shall conform to the specifications adopted in ACC 12.04.010.
Furthermore, all work within city public ways performed by others subject to Chapter 12.24 ACC, Construction
Permits, shall conform to the same standards. (Ord. 6258 § 1, 2009; Ord. 5042 § 1 (Exh. B), 1998.)
12.04.030 Severability.
If any provision of this chapter or the engineering construction standards or engineering design stan dards adopted by
reference in ACC 12.04.010 and effective from and after January 16, 1998, or their application to any person or
circumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or
circumstances shall not be affected. (Ord. 6258 § 1, 2009; Ord. 5042 § 1 (Exh. B), 1998.)
12.04.040 Engineering construction standards and engineering design standards – Copies filed.
Under the provisions of RCW 35A.12.140, the ordinance codified in this chapter sha ll be published as required by law,
but the aforementioned engineering construction standards and engineering design standards adopted by reference in
ACC 12.04.010 need not be published but shall be authenticated and recorded with the Auburn city clerk, a nd not less
than one copy of each such standard documents in the form in which it was adopted shall forthwith be filed in the
office of the Auburn city clerk for use and examination by the public. (Ord. 6258 § 1, 2009; Ord. 5042 § 1 (Exh. B),
1998.)
12.04.050 Authorities for public infrastructure and right-of-way management.
A. Develop and Publish City Engineering Standards. The city engineer or his/her designee shall develop, implement
and publish engineering design standards manuals in accordance with ACC 12.04.010(B). The city engineer or his/her
designee shall develop, implement and publish engineering construction standards manuals and establish engineering
standard construction practices for regulation of all work within the public way by all persons t o include, but not be
limited to, franchise public/private utilities and entities possessing a right -of-way agreement and/or permit to assure
the public’s safety, welfare and interest is protected.
B. Survey Record Controls. The city engineer or his/her de signee shall develop office procedures for establishing
horizontal and vertical control registration of existing and future development within the urban growth areas of the
city. Procedures will utilize both city and private development record drawings and survey efforts to continue to
maintain an accurate current database for future reference. The city will provide the most current benchmark geodetic
survey data to new developers and for city construction projects at the administrative cost of providing the service, and
require in exchange, at no cost to the city, the developer and/or city project sponsors to provide equal quality record
drawings in AutoCAD drawing file format at completion of the development and/or city project to update records
reflecting survey controls of the new development and/or city infrastructure.
C. Subdivision Records. The city engineer or his/her designee shall develop office procedures for the safekeeping of
record drawings of all recorded plats and short plats.
D. Management of Record Drawings. The city engineer or his/her designee shall develop office procedures for the
safekeeping of record drawings of all public transportation, water, sanitary sewer, and storm drainage infrastructure as
defined in ACC 13.40.010.
E. Management of Right-of-Way and Easements. The city engineer or his/her designee shall develop office
procedures for the safekeeping of record drawings of all public right -of-way, public access easements, city utility
easements, cross drainage easements, and public facilities developed and dedicated to the city.
The acquisition of real property and relocation of inhabitants required for the completion of city projects shall be
pursuant to ACC 2.03.030 and Chapter 3.10 ACC.
The city engineer may accept easements granted to the city as part of an approved development project or capital
projects of the city for city utilities, drainage, slope protection, public access, and right -of-way, and may also accept
public facility extensions that are not dedicated through plats and short plats. The city engineer may execute a release
or partial release of any city utility, drainage, temporary road, or slope protection easements that are not needed or are
no longer needed for city purposes. All other city-held easements shall be released only by city council action, and
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public right-of-way easements shall be subject to the vacation provisions set forth in Chapter 12.48 ACC, and in
accordance with Chapter 35.79 RCW. (Ord. 6532 § 15, 2014; Ord. 6312 § 1, 2010; Ord. 6265 § 2, 2009; Or d. 6258 §
1, 2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.)
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Chapter 13.41
UTILITY SYSTEMS DEVELOPMENT CHARGE
Sections:
13.41.010 Definitions.
13.41.020 Purpose.
13.41.030 Utility systems development charge imposed – Rates – Review.
13.41.040 Collection.
13.41.050 Credits.
13.41.060 Segregation and use of revenues.
13.41.070 Appeals.
13.41.080 Scope.
13.41.010 Definitions.
As used in this chapter, unless the context otherwise requires:
A. “Capacity facilities” includes but is not limited to:
1. Water system infrastructure including: water sources, treatment facilities, interties, pump stations, pressure
reducing stations, standby generators, reservoirs, distribution, and transmission mains and appurtenances
needed for distribution, fire protection and pressure.
2. Sanitary sewer system infrastructure including: lift stations, standby generators, force mains, conveyance
lines and appurtenances needed to collect and transport sewage for treatment and disposal or to eliminate a
storm and sanitary sewer cross connection.
3. Storm drainage system infrastructure including: pump stations, standby generators, storage facilities, water
quality facilities, stream, creek or river improvements and conveyance lines needed to collect, transport and
dispose of storm drainage, eliminate storm and sanitar y sewer cross connections, eliminate storm and surface
water flooding and water quality problems, and treatment and disposal facilities.
B. “Impervious surface,” for the purpose of calculating a system development charge and only as it pertains to this
chapter, means a hard surface area that prevents the entry of water into the soil mantle. Common impervious
surfaces include, but are not limited to, roof tops, walkways, patios, concrete or asphalt paving. Open, uncovered,
retention/detention facilities shall not be considered as impervious surfaces for the purpose of SDC fee calculation.
C. “Utility systems development charge” is a charge imposed on new customers, or existing customers revising use
of their property, in recognition of the previous investment of the city and its customers in the utility systems.
“Parcel, non-single-family” means any parcel of developed land other than single -family or two-family (duplex)
residential.
D. “Parcel, non-single-family” means any parcel of developed land other than single-family or two-family (duplex)
residential. “Utility systems development charge” is a charge imposed on new customers, or existing customers
revising use of their property, in recognition of the previous investment of the city and its customers in th e utility
systems.
E. “Low impact development (LID)” means a storm water management and land development strategy that
emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic
controls to more closely mimic predevelopment hydrologic functions. Common LID designs include, but are not
limited to, bioretention areas, vegetated rooftops, porous asphalt pavement and porous concrete as designed in
accordance with the City of Auburn Surface Water Management Manual and 2005 Low Impact Technical Guidance
Manual for Puget Sound published by the Puget Sound Action Team or most recent update. (Ord. 6391 § 1, 2011;
Ord. 6341 § 1, 2011; Ord. 6283 § 2, 2009; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord.
3510 § 2, 1980.)
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13.41.020 Purpose.
The city council has determined that it is reasonable and in the public interest to enact and impose a utility systems
development charge for the purpose of recovering a fair share of the costs of providing existin g utility system
infrastructure to serve new customers or revised uses of existing customers. The intent is to reimburse the city’s
utility for the cost of construction of available capacity sanitary sewer, water and storm drainage facilities from
those properties, which as part of their development and use create direct or indirect needs for those facilities. The
city council finds that the public would benefit from a logical long-range approach to the financing of necessary
general facilities. Experience has demonstrated that the lack of such provision casts an unfair and unexpected burden
on taxpayers and residences in the form of utility rates, taxes, bond interest costs and assessments when core,
general or central facilities become inadequate, causing a crisis. Operating from crisis to crisis is wasteful, unsafe
and not an acceptable method of operating local government; and debt financing should be minimized wherever
possible.
13.41.030 Utility systems development charge imposed – Rates – Review.
A. A sanitary sewer and water utility systems development charge is imposed upon all lands inside the boundary of
the city, and all lands outside the boundary of the city which utilize either sanitary sewer facilities or water facilities
or both of the city, and a storm drainage utility systems development charge is imposed upon all lands in the city,
except those lands exempted under this chapter, which fees and charges shall be as set forth on the city of Auburn
fee schedule.
B. The utility systems development charge as set forth in the city fee schedule will be computed to consider the
future and/or current value of the utility system’s fixed assets, excluding contributions by developers, and
outstanding bonded indebtedness, and will also consider an appropriate service unit.
C. The utility systems development charge imposed shall be reviewed annually by the city council and the charges
may be revised to reflect changes in utility asset value, depreciation of the utility system fixed assets, bonded
indebtedness, and the number of ERU, RCE or ESU customers served.
13.41.040 Collection.
The water, sanitary sewer and storm drainage utilities systems development charges are immediately due and
payable upon obtaining a permit for connection to the city utility. Sys tems development charges for parcels that will
utilize infiltration for storm water disposal are immediately due and payable upon obtaining a building permit to
develop the parcel.
A. For residential development for new development, redevelopment or a chan ge in use, and prior to issuance of a
permit application, the applicant may elect to record a covenant against title to the property on forms prepared and
provided by the city that requires payment of water, sanitary sewer and storm drainage development ch arges due and
owing, less any credits awarded, by providing for automatic payment through escrow of these development charges
due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of
certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes
first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its obligation t o pay the charges
established in this chapter the full amount remains unpaid, the responsible party shall be subject to the
enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall be by regular and certified
mail and to the most current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the property(ies) for which
a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these
sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days fro m the date the charges are due
shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the
unpaid charges. In addition to the actions authorized in subsection (A)(1) of this section, the city may record a
lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any
permits previously issued for the lot or unit associated with the current development activity and shall limit the
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granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and
storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 13.41.070 shall not apply to determinations made pursuant to this
section.
B. For nonresidential development composed of new development, redevelopment or a change in use and inclusive
of commercial office and retail uses, light and heavy manufacturing uses, but excluding warehousing and
distribution uses, and institutional development including but not limited to public and private schools and colleges
and hospitals, and prior to the issuance of any permit application and following the execution of a payment
agreement on forms prepared and provided by the city, the applicant may elect to pay water, sanitary sewer and
storm drainage development charges due and owing, less any credits awarded, no later than prior to issuance of
certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes
first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges
established in this chapter the full amount remains unpaid, the responsible party sha ll be subject to the
enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall be by regular and certified
mail and to the most current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the property(ies) for which
a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these
sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due
shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the
unpaid charges. In addition to the actions authorized in subsection (B)(1) of this section, the city may record a
lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any
permits previously issued for the lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and
storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 13.41.070 shall not apply to determinations made pursuant to this
section.
13.41.050 Credits.
All system development charge credits shall be documented in writing as negotiated between the land developer and
the city engineer.
A. If a developer provides a capacity facility that benefits other properties as identified within the appropriate utility
comprehensive plan, a systems development charge credit may be granted under the provision s of this chapter.
B. If a developer of any non-single-family parcel development, as defined in ACC 13.41.010(D), provides low
impact development (LID) facilities, as defined in ACC 13.41.010(E), to manage on -site storm water then a credit
shall be granted of up to 70 percent of the total amount of the system development charge. The credit amount is
equal to the ratio (expressed as a percentage) of the total impervious surface area managed by LID to the total area
of impervious surface of the development. (Ord. 6391 § 1, 2011; Ord. 6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord.
4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 5, 1980.)
13.41.060 Segregation and use of revenues.
All funds derived from the utility systems development charge are to be segregated by appropriate approved
accounting practices from all other funds of the city, and that portion of the utility systems development charge
calculated and collected on account of a utility shall be used for no other purpose than replacement, major repair,
installing, constructing, and extending capacity facilities of the utility.
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13.41.070 Appeals.
Appeals of the public works director’s determinations made pursuant to this chapter shall be filed with the public
works department and shall be heard by the city’s hearing examiner pursuant to Chapter 2.46 ACC. Determinations
on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city
codes. The hearing examiner’s determination shall be final unless appealed to t he superior court of the county in
which the property subject to the utility system development charges is located within the city of Auburn, in
accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the appeal being filed with the cit y
clerk within 30 days after issuance of the decision of the hearing examiner.
13.41.080 Scope.
The utility systems development charge provided for in this chapter is separate from and in addition to any
applicable tax, assessment charge, or other fee otherwise provided by law.
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Chapter 13.48
STORM DRAINAGE UTILITY
Sections:
I. Establishment and Administration
13.48.005 Purpose.
13.48.010 Definitions.
13.48.020 Storm drainage utility created.
13.48.030 Storm drainage system defined.
13.48.040 Transfer of storm drainage system from street department to storm drainage utility.
13.48.050 Utility administration authority.
13.48.060 Authority to establish rates.
13.48.070 Storm drainage utility fund.
13.48.080 Repealed.
II. Rates and Charges
13.48.085 Lienable property class of utility customers.
13.48.090 Repealed.
13.48.094 Nonlienable property class of utility customers.
13.48.096 Waiver of deposit for nonlienable property class of utility customers – Appeal.
13.48.098 Regulations and requirements same for both classes of utility customers.
13.48.100 Rates.
13.48.110 Measurement of impervious area.
13.48.120 Billing and collection.
13.48.130 Rate reduction.
13.48.140 Rate exemptions.
13.48.150 Administrative review.
III. Regulations
13.48.160 Damage to system prohibited.
13.48.170 Trespassing prohibited.
13.48.180 Inspection and compliance with storm drainage requirements.
13.48.190 Cross connections prohibited.
13.48.200 Trees or shrubs obstructing storm se wers prohibited.
13.48.210 Water quality.
13.48.220 Easements.
13.48.225 Drainage standards – Review and approval.
13.48.226 Exceptions procedure.
13.48.230 Connections.
13.48.240 Connection procedures – Permit required.Storm Drainage Permit - Requirements
13.48.245 Permit – Application
13.48.246 Permit – Approval
13.48.247 Permit – Revocation
13.48.250 Permit – Term.
13.48.260 Repealed.
13.48.270 Permit – Posting.
13.48.280 Permit – Inspection notice.
13.48.290 Construction inspection and approval.
13.48.300 Repealed.
13.48.310 Work in city right -of-way.
13.48.320 Excavation protection.
13.48.330 Permit – Fee schedule.
13.48.340 Repealed.
13.48.350 Connection fees – Charge in lieu of assessments.
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13.48.360 Repealed.
13.48.370 Repealed.
13.48.380 Public storm drainage improvements.
13.48.390 Minimum facility size.
13.48.400 Oversizing.
13.48.410 Repealed.
13.48.420 Flood hazard areas – Floodplain development permits.
13.48.430 Record construction documents.
13.48.435 Inspection and maintenance easement and pollution prevention plan.
13.48.440 Maintenance responsibility.
13.48.450 Violation – Penalty.
13.48.460 Severability.
13.48.470 Applicability to governmental entities.
I. Establishment and Administration
13.48.005 Purpose.
The city has determined that a storm drainage utility and associated regulations will avoid the creation of public
nuisances that would occur without such utility and regulations, and promote the public health, safety and general
welfare of the citizens of Auburn. Public nuisances would consist of:
A. Water-inundated property, both public and private;
B. Uncontrolled volume increase, rate, or contaminated load of runoff;
C. Degradation of existing water resources such as creeks, streams, rivers, ponds, lakes, groundwater, 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;
F. Jeopardy to the city’s compliance with the NPDES Western Washington Phase II Municipal Stormwater Permit.
(Ord. 6251 § 1, 2009; Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4776 § 1, 1995.)
The city has determined that a storm drainage utility and associated regulations is necessary to protect the public
health, safety, and general welfare of the citizens of Auburn; promote sound development policies and construction
procedures which respect and preserve the city’s natural resourceswatercourses; and prevent the creation of public
nuisances that would occur without such utility and regulations. The purpose of the storm drainage utility is to:
A. Maintain the city’s compliance with the National Pollutant Discharge Elimination System (NPDES)
Western Washington Phase II Municipal Stormwater Permit; (Ord. 6251 § 1, 2009; Ord. 5853 § 1, 2004;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 4776 § 1, 1995.)
B. Maintain the city’s compliance with federal flood insurance programs;
C. PromoteRequire the integration of Low Impact Development policies, procedures, and BMPs into the city’s
stormwater infrastructure as appropriatewhere feasible;
D. Control and prevent the flooding of property, both public and private;
E. Manage uncontrolled volume increase, rate, or contaminated load of runoff;
F. Maintain and protect existing water resources such as creeks, streams, rivers, ponds, lakes, groundwater,
and other water bodies;
G. Maintain and protect water used for contact recreation, aquatic habitat, and aesthetic quality.
H. Provide for the planning, security, design, construction, use, maintenance, repair and inspection of the
storm and surface water system;
I. Protect the functions and values of critical areas as required under the State’s Growth Management Act and
Shoreline Management Act;
J. Provide for enforcement of the provisions of this code, the engineering construction standards and the
engineering design standards engineering design and construction standards per ACC 12.04, and related
city manuals and code provisions;
K. Establish rates and charges that provide a method of payment of all or any part of the cost and expense of
maintaining and operating stormwater control facilities,; all or any part of the cost and expense of planning,
designing, establishing, acquiring, developing, con structing and improving stormwater control facilities;, or
all or any portion of any issue of general obligation or revenue bonds issued for such purpose .
13.48.010 Definitions.
The following words when used in this chapter shall have the following meanings. Where ambiguity exists,
technical words or phrases shall be interpreted in accordance with the city’s surface water management manual;
nontechnical words or phrases will be given their dictionary meaning.
A. “Base rate” means the monthly charge for service from the storm drainage utility to recover costs incurred
by the utility such as administrative, billing and collection.
B. “Best management practices (BMPs)” means the schedules of activities, prohibitions of practices,
maintenance procedures and structural and/or managerial practices that, when used singly or in
combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington
State.
C. “Charge in lieu of assessment” means a charge made by the city on property which has not previously
participated in the cost of a public storm drainage line directly serving the property.
D. “Connection” means the connection of all storm drainage disposal lines and flow from contributing surface
area from all development on a property to a public or private storm drainage system.
E. Detention” means the temporary storage of storm and surface water runoff with provisions for the
controlled off-site surface release of the stored water.
F. “Director” means the public works director of the city of Auburn or designee.
G. “Emerging technology” means water quality treatment technologies that are currently being evaluated for
performance.
H. “Engineering construction standards and engineering design standards” City of Auburn engineering design
and construction standards” means the requirements adopted under Chapter 12.04 ACC for storm drainage,
sanitary sewer, transportation, and water facility design and construction.
C.
D. “Detention” means the temporary storage of storm and surface water runoff with provisions for the
controlled off-site surface release of the stored water.
E. “Director” means the public works director of the city of Auburn or designee.
F. “Emerging technology” means water quality treatment technologies that are currently being evaluated for
performance.
G.I. “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.
J. “Hard Surface”s means an impervious surface, a permeable pavement, or a vegetated roof.
H.K. “Illicit connection” means any manmade conveyance that is connected to a municipal separate
storm sewer without a permit, excluding roof drains and other similar type connections. Examples include
sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected
directly to the municipal separate storm sewer system.
I.L. “Illicit discharge” means any discharge to a municipal separate storm sewer that is not composed entirely
of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges
from the municipal separate storm sewer) and discharges resulting from firefighting activities.
J.M. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the
soil mantle as under natural conditions prior to development. A hard surface area which causes water to run
off in greater quantities or at an increased rate of flow from the flow under natural conditions prior to
development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios,
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driveways, parking lots, storage areas, standard portland cement concrete (PCC) or asphalt cement concrete
(AC) paving, gravel roads, packed earthen material s, and oiled macadam or other surfaces which similarly
impede the natural infiltration of storm water. Open, uncovered, retention/detention facilities shall not be
considered as impervious surfaces for the purpose of determining whether the thresholds for application of
minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered
impervious surfaces for purposes of runoff modeling.
K.N. “Land disturbing activity” means any activity that results in movement of earth, or a change in the
existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing
activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is
associated with stabilization of structures and road construction shall also be considered land disturbing
activity. Vegetation maintenance practices are not considered land disturbing activity.
L.O. “Low impact development (LID)” means a storm water management and land development
strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on -site natural
features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment
hydrologic functions.
M.P. “National Pollutant Discharge Elimination System (NPDES)” means the national program for
issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing
and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of t he federal Clean Water
Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are
referred to as NPDES permits and in Washington State are administered by the Department of Ecology.
N.Q. “New development” means land disturbing activities, including Class IV – general forest practices
that are conversions from timber land to other uses; structural development, including construction or
installation of a building or other structure; creation of impervious surfaces; an d subdivision, short
subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the
definition of redevelopment shall not be considered new development.
O.R. “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.
P.S. “Parcel, developed” means any parcel which has been altered by grading or filling of the ground surface, or
by construction of any improvements or other impervious surface.
Q.T. “Parcel, non-single-family” means any parcel of developed land other than single-family or two-
family (duplex) residential.
R.U. “Parcel, single-family residential” 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.
S.V. “Parcel, two-family (duplex) residential” means any parcel of developed land havin g one duplex (two-
family dwelling) per lot.
W. “Parcel, undeveloped” 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.
X. “Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or more of
existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a
building footprint or addition or replacement of a structure; structural development including construction,
installation or expansion of a building or other structure; replacement of impervious surface that is not part
of a routine maintenance activity; and land disturbing activities.
T.Y. “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, and Low Impact
Development strategies.
U. “Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or more of
existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a
building footprint or addition or replacement of a structure; structural development includ ing construction,
installation or expansion of a building or other structure; replacement of impervious surface that is not part
of a routine maintenance activity; and land disturbing activities.
V.Z. “Runoff” means water that travels across the land surfaces and discharges to water bodies either
directly or through a collection and conveyance system. See also “Storm water.”
W.AA. “Source control BMP” means a structure or operation that is intended to prevent pollutants from
coming into contact with storm water through physical separation of areas or careful management of
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activities that are sources of pollutants. Source control BMPs can be divided into two types. Structural
source control BMPs are physical, structural, or mechanical devices or facilities that are intended to prevent
pollutants from entering storm water. Operational source control BMPs are nonstructural practices that
prevent or reduce pollutants from entering the storm water.
X.BB. “Storm drainage facility” means any natural stream/creek or constructed component of Auburn’s
storm drainage system or other storm drainage system.
Y.CC. “Storm drainage system” means the total system of storm drainage facilities as described in ACC
13.48.030.
Z.DD. “Storm water” means runoff during and following precipitation and snowmelt events, including
surface runoff and drainage.
AA.EE. “SWMM” as referred to in this chapter means the City of Auburn Surface Water Management
Manual which is the 2008 City of Tacoma Surface Water Management Manual .as amended for use in the
city of Auburn.as adopted in ACC 12.04.
BB.FF. “Utility” means the city storm drainage utility created by the ordinance codified in this chapter.
CC.GG. “Watercourse” means a channel, either natural or manmade, in which a flow of water occurs,
either continuously or intermittently.
DD.HH. “Water quality treatment” means an engineered and approved facility to remove contaminants in
the existing flow regime of storm water generated from a developed parcel pursuant to applicable design
standards in place at the time of approval. (Ord. 6283 § 3, 2009; Ord. 6251 § 2, 2009; Ord. 5853 § 1, 2004;
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 Storm drainage utility created.
The city council creates and establishes for and on behalf of the citizens of the city a storm drainage utility, in
accordance with and subject to the laws of the state including the establishment of rates and charges therefor. The
city council further establishes that the storm drainage utility boundaries shall coincide with the legally established
boundaries of the city’s corporate limits. (Ord. 5853 § 1, 2004; 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, watercourses, sloughs, streams, ponds,
rivers, lakes and wetlands, beginning at a point where storm or surface waters enter the city system and ending at a
point where such storm or surface waters exit from the city’s storm and surface water system, and in width to the
full extent of inundation caused by storm or flood conditions. (Ord. 5853 § 1, 2004; 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 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. 5853 § 1, 2004; 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. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.060 Authority to establish rates.
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 management 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 nece ssary 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 which are reasonably required for proper and
adequate management of storm waters for the benefit of the service area;
5. The costs of monitoring, inspection, enforcement, and administration of the utility including, but not limited
to, water quality surveillance, private maintenance inspection, construction inspectio n, 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 governm ental
or proprietary purposes of the city except to pay for the equitable share of the costs of accounting, management, and
government thereof incurred on behalf of the utility. (Ord. 5853 § 1, 2004; 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 al l or any part of the
cost and expense for planning, administering, constructing, acquiring, maintaining, operating, and improving utility
facilities. Moneys in this fund shall be assigned to a specific account within the utility as designated by the city
council. The department of finance shall maintain a separate record of accounts showing the receipts and
disbursements of each and every account assigned to this fund. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999;
Ord. 4492 § 4, 1991.)
13.48.080 Storm drainage utility system responsibility.
Repealed by Ord. 5853. (Ord. 5222 § 1 (Exh. C), 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
II. Rates and Charges
13.48.085 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers receiving storm drainage utility services are
receiving such services at property for which the city has the right to lien the property for nonpayment of utility
services. The utility rates for such customers shall be as set forth in ACC 13.48.100. (Ord. 6439 § 13, 2012.)
13.48.090 System of charges.
Repealed by Ord. 5853. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.094 Nonlienable property class of utility customers.
A. There is hereby created a class of utility customers where the customers receiving storm drainage utility services
are receiving such services at property for which the city does not have the right to lien the property for nonpayment
of utility services. The utility rates for such customers shall be as set forth in ACC 13.48.100; provided, that the city
can also collect a utility services deposit as described as follows:
1. The dollar amount of four months of the current storm drainage utility rate per ESU; and
2. The sum of the current rate for three late fees, per city code.
B. For the purposes hereof, “nonlienable property” means property which is owned or held by a governmental or
nongovernmental entity in such a way that it is immune from utility lien collection efforts of the city.
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C. This new class of utility customers shall include new customers – new applications for utility services on
nonlienable property and existing and former customers of utility services on nonlienable property whose utility
services have been terminated for nonpayment or whose accounts have been referred to collection or to other utility
payment enforcement services or personnel for nonpayment of utility services. (Ord. 6439 § 14, 2012.)
13.48.096 Waiver of deposit for nonlienable property class of utility customers – Appeal.
A. In connection with the utility services deposit for the nonlienable property class of utility customers as described
in ACC 13.48.094, the finance director is authorized to grant a full or partial waiver to said utility customer from the
deposit requirement where special humanitarian or health circumstances exist with respect to said utility customer’s
receipt of utility services. The finance director shall have the sole discretion to grant such waivers, and deter mine if
they shall be full or partial waivers, where such circumstances are found by the finance director to exist. If the
waiver is granted, no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the deposit requirement and has been denied the requested
waiver, such person or entity may appeal the decision denying the requested waiver by filing with the city clerk a
notice of appeal, which notice of appeal must be received by the city clerk within 30 days of the decision denying
the requested waiver. The appeal shall be based solely on whether special humanitarian or health circumstances exist
with respect to the utility customer’s receipt of utility services, and shall be heard by a panel of departmen t directors
of the city (excluding the finance director) appointed by the mayor. The decision of the panel of department
directors shall be final, and no further appeals shall be allowed.
C. For the purposes hereof, the finance director and mayor shall utilize, as a guide in addressing requests for
waivers, the criteria utilized in granting low income disabled citizen discounts and low income senior citizen
discounts for utility customers of the city. (Ord. 6439 § 15, 2012.)
13.48.098 Regulations and requirements same for both classes of utility customers.
Other than the utility rates and deposits set forth in ACC 13.48.085 through 13.48.096, all other regulations and
requirements in this chapter of the city code shall be the same for all classes of utility customers, unless the context
of the provisions clearly indicates otherwise. (Ord. 6439 § 16, 2012.)
13.48.100 Rates.
The customer classes and rates below are based upon the cost of services provided by the storm utility.
A. Effective as of January 1, 2012, the monthly rates for storm drainage service shall be:
1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family
residential monthly charge shall be $14.95 per month.
2. Non-Single-Family Parcels (NSF).
Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
Non-Single-Family $9.80 $12.54/ESU
NSF w/Detention $9.80 $10.08/ESU
NSF w/Retention $9.80 $6.23/ESU
NSF w/Water Quality
Treatment $9.80 $7.53/ESU
NSF w/Detention and Water
Quality Treatment $9.80 $5.69/ESU
NSF w/Retention and Water
Quality Treatment $9.80 $3.57/ESU
B. Effective as of June 1, 2012, the monthly rates for storm drainage service shall be:
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1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family
residential monthly charge shall be $16.13 per month.
2. Non-Single-Family Parcels (NSF).
Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
Non-Single-Family $10.03 $12.84/ESU
NSF w/Detention $10.03 $10.32/ESU
NSF w/Retention $10.03 $6.38/ESU
NSF w/Water Quality
Treatment $10.03 $7.71/ESU
NSF w/Detention and Water
Quality Treatment $10.03 $5.83/ESU
NSF w/Retention and Water
Quality Treatment $10.03 $3.65/ESU
C. Effective as of January 1, 2013, the monthly rates for storm drainage service shall be:
1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family
residential monthly charge shall be $17.41 per month.
2. Non-Single-Family Parcels (NSF).
Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
Non-Single-Family $10.83 $13.85/ESU
NSF w/Detention $10.83 $11.13/ESU
NSF w/Retention $10.83 $6.88/ESU
NSF w/Water Quality
Treatment $10.83 $8.32/ESU
NSF w/Detention and Water
Quality Treatment $10.83 $6.29/ESU
NSF w/Retention and Water
Quality Treatment $10.83 $3.94/ESU
D. Effective as of January 1, 2014, the monthly rates for storm drainage service shall be:
1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family
residential monthly charge shall be $18.78 per month.
2. Non-Single-Family Parcels (NSF).
Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
Non-Single-Family $11.68 $14.95/ESU
NSF w/Detention $11.68 $12.01/ESU
NSF w/Retention $11.68 $7.42/ESU
NSF w/Water Quality
Treatment $11.68 $8.98/ESU
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Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
NSF w/Detention and Water
Quality Treatment $11.68 $6.78/ESU
NSF w/Retention and Water
Quality Treatment $11.68 $4.25/ESU
E. Effective as of January 1, 2015, the monthly rates for storm drainage service shall be:
1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family
residential monthly charge shall be $19.25 per month.
2. Non-Single-Family Parcels (NSF).
Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
Non-Single-Family $11.97 $15.32/ESU
NSF w/Detention $11.97 $12.31/ESU
NSF w/Retention $11.97 $7.61/ESU
NSF w/Water Quality
Treatment $11.97 $9.21/ESU
NSF w/Detention and Water
Quality Treatment $11.97 $6.95/ESU
NSF w/Retention and Water
Quality Treatment $11.97 $4.35/ESU
F. Effective as of January 1, 2016, the monthly rates for storm drainage service shall be:
1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family
residential monthly charge shall be $19.73 per month.
2. Non-Single-Family Parcels (NSF).
Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
Non-Single-Family $12.27 $15.71/ESU
NSF w/Detention $12.27 $12.62/ESU
NSF w/Retention $12.27 $7.80/ESU
NSF w/Water Quality
Treatment $12.27 $9.44/ESU
NSF w/Detention and Water
Quality Treatment $12.27 $7.13/ESU
NSF w/Retention and Water
Quality Treatment $12.27 $4.46/ESU
G. Effective as of January 1, 2017, the monthly rates for storm drainage service shall be:
1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family
residential monthly charge shall be $20.22 per month.
2. Non-Single-Family Parcels (NSF).
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Customer Classes
Base Rate Per
Month
ESU Rate Per
Month
Non-Single-Family $12.58 $16.10/ESU
NSF w/Detention $12.58 $12.93/ESU
NSF w/Retention $12.58 $8.00/ESU
NSF w/Water Quality
Treatment $12.58 $9.67/ESU
NSF w/Detention and Water
Quality Treatment $12.58 $7.31/ESU
NSF w/Retention and Water
Quality Treatment $12.58 $4.57/ESU
The customer classes set forth in this section 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 in conformity with
the applicable operations and maintenance standards. In the event that the city 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 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 sur face, or any fraction
thereof, as defined in ACC 13.48.110.
H. Developed Parcels. Only developed parcels containing impervious surfaces as defined in ACC 13.48.010 shall be
charged.
I. Multiple Class Accounts. When a developed non-single-family parcel contains more than one customer class, the
appropriate rate for each customer class will be calculated, and the aggregate total summed for billing. (Ord. 6401 §
3, 2012; Ord. 6286 § 3, 2010; Ord. 6204 § 2, 2008; Ord. 5876 § 3, 2004; Ord. 5853 § 1, 2004; Ord. 5 530 § 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 city 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 amount of impervious
surface provided by the applicant, 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 made.
Impervious surface created incidental to a lot line adjustment to 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. 5853 § 1, 2004; 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 rates shall be billed on a monthly basis. Storm drainage charges shall start from the day water
meter serving the property is installed by the city. In cases where the property does not receive water service from
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the city of Auburn, storm drainage charges shall start from the day that the storm drainag e permit is finalized by the
city.
A. Order of Payment. Payments received for utility bills shall be applied towards the following bills in the order of
priority shown:
1. Late charges;
2. Additional fees;
3. Storm;
4. Garbage;
5. Sewer;
6. Water.
B. Service Charges – Payment Delinquencies. Payment for storm drainage service charges shall be due and payable
to the finance department office 15 days after the billing date appearing on the bill, and shall be delinquent as
identified in
ACC 13.06.300. A late charge as listed in ACC 13.06.511 will be addressed if the account is delinquent.
C. Charges Constitute Lien. All storm drainage utility rates 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.
6100 § 1, 2007; Ord. 6034 § 4, 2006; Ord. 5853 § 1, 2004; 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 rate for a parcel of real property which
has been incorrectly assessed as determined through the administrative review process described in ACC 13.48.150.
Such parcel will be credited in the amount equal to the difference between the two assessments in accordance with
written city policy. (Ord. 5853 § 1, 2004; Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; O rd. 4492 § 4, 1991.)
13.48.140 Rate exemptions.
The city 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. 5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord. 5293 § 2, 1999; Or d. 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 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 rate by the director of public works. The disputed method and/or values used in the calculation of a
storm drainage rate may be disputed only once. The written request for review should i dentify the property, describe
all improvements, proposed improvements and state the basis for the request for the administrative review of the
billing rates. The written request must be received by the public works director within 180 days of the account
billing date of the disputed charge.
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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 rate shall continue to pay the rate
as billed by the city until a written decision is provided by the public works director. Upon the writte n 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. 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. 5853 § 1, 2004; 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 wi th any
structure, appurtenance or equipment which is part of the public storm drainage system. (Ord. 5853 § 1, 2004; 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 posted, upon which
any public storm drainage facility is situated, unless duly authorized by the city. (Ord. 5853 § 1, 2004; Ord. 5212 § 1
(Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.180 Inspection and compliance with storm drainage requirements.
A. The City shall have the authority to establish the necessary recorded instrument that identifies required storm best
management practices, location, and maintenance obligations.
B. 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.
BC. Any property, where the existing storm drainage facilities were constructed per approved construction plans,
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 13.06.300.
CD. Inspections of storm water treatment and flow control facilities shall be performed by the city at a frequency to
comply with the Western Washington Phase II Municipal Stormwater NPDES Permit.
DE. New residential developments that are part of a larger common plan of development or sale shall be inspected
every six months during the period of heaviest house construction (i.e., one to two years following subdivision
approval or until 50 percent of build-out is achieved) to identify maintenance needs and enforce compliance with the
maintenance standards as needed. (Ord. 6283 § 4, 2009; Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 § 4, 1991.)
13.48.190 Cross connections prohibited.
The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is
prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
Any such connections, now existing or hereafter installed, are a nuisance and shall be abated immediately. If, after
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proper notice, the property owner does not abate the connection(s) 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 13.06.300. (Ord. 6251 § 3, 2009; Ord. 58 53 § 1, 2004; 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 grow any tree or shrub whose roots obstruct public or private storm drainage facilities.
Wherever such plantings are shown to be obstructing public storm drainage facilities they shall be removed or
otherwise remedied from obstructing said storm drainage facilities, at the expense of the property on which the
planting grows. Such expense may become a lien on said property. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J),
1999; Ord. 4492 § 4, 1991.)
13.48.210 Water quality.
A. Prohibited Discharges. It is unlawful for any individual, firm or corporation to discharge into the public storm
drainage system directly or indirectly any liquid or solid foreign substances of biodegradable or other nature which
may cause or tend to cause water pollution, including but not limited to the following items:
Petroleum products including but not limited to oil, gasoline, die sel fuel, grease, fuel oil and heating oil; trash and
debris; pet wastes; chemicals; paints; paint chips; steam cleaning wastes; wastes from washing of fresh concrete for
cleaning and/or finishing purposes or to expose aggregates; laundry wastes; soaps; pesticides, herbicides or
fertilizers; sanitary sewage; heated water; chlorinated water or chlorine; degreasers and/or solvents; bark and other
fibrous material; antifreeze or other automotive products; lawn clippings, leaves or branches; animal carcasses; s ilt,
sand, dirt or rock; acids or alkalis; dyes (without prior permission of the drainage utility); construction materials or
food waste.
The following categories of non-storm water discharges are prohibited unless the stated conditions are met:
1. Discharges from potable water sources including water line flushing, hyperchlorinated water line flushing,
fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a
concentration of 0.1 ppm or less, as determined by colorimetric chlorine test kit; pH-adjusted to within the
range of 6.5 to 8.5 pH units as determined by use of a calibrated pH meter or narrow range pH indicator paper
with a resolution not greater than ± 0.5 standard units; and volumetr ically and velocity controlled to prevent
resuspension of sediments in the public storm drainage system, as determined by visual inspection.
2. Dechlorinated swimming pool discharges. Discharges shall be dechlorinated to a concentration of 0.1 ppm or
less, as determined by colorimetric chlorine test kit; pH -adjusted to within the range of 6.5 to 8.5 pH units as
determined by use of a calibrated pH meter or narrow range pH indicator paper with a resolution not greater
than ± 0.5 standard units; and volumetrically and velocity controlled to prevent resuspension of sediments in
the public storm drainage system, as determined by visual inspection.
3. Street washing at active construction sites. The entire area of street that is to be washed must be cleaned by
sweeping before washing is permitted. Street wash water must be collected and be discharged back onto the
construction site or otherwise be prevented from entering the public storm drainage system.
4. Other non-storm water discharges shall be in compliance with the requirements of a storm water pollution
prevention plan reviewed by the city, which addresses control of such discharges.
B. Discharge of Pollutants – Liability for Expenses Incurred by the Utility. Any individual, firm or corporation
responsible for pollutant discharge into the public storm drainage system who fails to immediately collect, remove,
contain, or treat such materials as directed by the city shall be responsible for the necessary expenses incurred by the
city in carrying out any pollutant abatement procedures, including the collection, removal, containment, treatment or
disposal of such materials.
C. Permissible Discharges. Discharges from the sources listed below shall only be illicit discharges if the public
works director determines that the type of discharge, whether singly or in combination with others, is a significant
source of water pollution:
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Natural uncontaminated groundwater; uncontaminated air conditioning condensation; natural springs;
uncontaminated water from crawl space pumps; irrigation runoff from agricultural sources that is commingled with
urban storm water; discharges in compliance with a NPDES permit; and discharges from approved footing drains
and foundation drains.
D. Exemption. Discharges resulting directly from emergency firefighting activities, but not from activities such as
the maintenance or cleaning of firefighting equipment, are exempt from regulation under this section. (Ord. 6283 §
5, 2009; Ord. 6251 § 4, 2009; Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1 999; Ord. 4492 § 4, 1991.)
13.48.220 Easements.
All public storm drainage systems shall be required to be located within a recorded public storm drainage easement
or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for access to the
storm drainage facilities. The minimum width of the required drainage easement shall be adequate to encompass all
facilities and include room for access and maintenance, as determined by the city. (Ord. 5853 § 1, 2004; Ord. 5212 §
1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.225 Drainage standards – Review and approval.
All development shall meet all applicable general and design requirements in accordance with the city of Auburn
engineering design and construction standards and, for pur poses of that portion of the standards set forth in the City
of Auburn Surface Water Management Manual, the following provisions shall apply:
A. Pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit issued by the Department of
Ecology, the city has implemented a storm water management program that requires the use of City of Auburn
Surface Water Management Manual, hereinafter referred to as the “SWMM.”
B. The following activities that discharge to the storm drains, either directly or indirectly, are regulated through the
storm water management program under this chapter:
1. Existing discharges and land uses that discharge to the storm drains, either directly or indirectly.
2. New development and redevelopment.
3. Storm water maintenance activities.
C. Requirements for Existing Discharges and Land Uses. If the city engineer determines that the discharges from an
existing drainage control facility cause or contribute to an illicit discharge, a threat to public health and safety, or a
violation of the city’s municipal storm water NPDES permit or this chapter, the city engineer shall require the
responsible party to implement and maintain operational BMPs in accordance with Volume IV of the SWMM. If the
city engineer determines that the discharges causing or contributing to the problem cannot be adequately addressed
by operational BMPs, the city engineer may require the responsible party to undertake more stringent or additional
BMPs, which may include structural BMPs or other actions necessary to cease causing or contributing to the
problem or violation.
D. Minimum Requirements for New Development and Redevelopment. New development and redevelopment
activities that are required to obtain city permits and shall comply with the following minimum requirements, in
accordance with the city’s municipal storm water NPDES permit and in accordance with the thresholds and
requirements in the SWMM:
1. Preparation of a Stormw Water Site Plan. All projects shall prepare a storm water site plan for review and
approval by the city engineer or his/her designee that identifies and describes how all storm water generated
from a development activity will be managed on site. Stormw Water Site Plans shall be designed in accordance
with Volume I, Chapter 3 of the SWMM. Exception: Existing single family and duplex lots are exempt from
this requirement when all of the following criteria are met:
a. The lot is located within a subdivision that was approved under stormwater regulations in effect
between January 1, 1987 and December 31, 2016, and
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b. The lot can connect to an existing centralized stormwater management system originally designed to
collect stormwater generated from the entire lot (e.g. house, driveway, patios, yard, etc.).
2. Preparation of a Construction Storm Water Pollution Prevention Plan for Erosion and Sediment Control. This
plan shall be designed to comply with the requirements and purposes of the SWMM, this section, any other
applicable sections of ACC Titles 15, 16, 17 and 18 and any departmental guidelines promulgated by the city
engineer. The plan shall be designed, submitted and implemented to address the following:
a. Mark clearing limits;
b. Establish construction access routes and controls;
c. Control flow rates;
d. Install sediment controls;
e. Stabilize soils;
f. Protect slopes;
g. Protect storm drain inlets;
h. Stabilize channels and outlets;
i. Control pollutants;
j. Control dewatering;
k. Maintain BMPs; and
l. Manage the project.
m. Protect LID BMPs
3. Source Control of Pollutants. Source control BMPs shall be selected, designed, applied and maintained in
accordance with the SWMM and any departmental guidelines promulgated by the city engineer.
4. Preservation of Natural Drainage Systems. Natural discharges from the site s hall be maintained, shall occur
at the natural location to the maximum extent practicable, and must not cause a significant adverse impact
downstream or down gradient.
5. On-Site Storm Water Management. Where appropriate, projects shall employ on -site storm water
management BMPs to infiltrate, disperse, and retain storm water runoff on site to the maximum extent feasible
without causing flooding, erosion, water quality or groundwater impacts. The city encourages requires the use
of low impact development (LID) principles and BMPs using the project thresholds, standards, and
requirements presented in the SWMM to meet this minimum requirement. The city may allowshall require low
impact development (LID) designed in accordance with the SWMM. and 2005 Low Impact Technical
Guidance Manual for Puget Sound published by the Puget Sound Action Team or most recent update. Approval
of the city engineer is required for such BMPs.
6. Runoff Treatment. All projects that meet the thresholds for runoff treatment in Volume I of the SWMM shall
provide water quality treatment in accordance with the SWMM. The use of emerging technologies for storm
water treatment will be considered in accordance with Volume V of the SWMM.
7. Flow Control (Detention). All projects that meet the thresholds for flow control in Volume I of the SWMM
shall provide flow control in accordance with the SWMM. Additionally, all projects shall address the need to
provide water quality controls according to the design criteria as determined by the city engineer. The
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requirement for storm water detention will also be determined by pipe capacity and storm water discharge
location, as provided in the SWMM.
8. Wetlands. Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic vegetation, and
substrate characteristics necessary to support existing and designed functions. Documentation shall be
provided that identifies the methodology and data that supports these conclusions. The methodology shall be
consistent with the most current accepted Washington State Department of Ecology standards. Wetland areas
are also regulated by Chapter 16.10 ACC, Critical Areas.
9. Operations and Maintenance. An operation and maintenance (O&M) manual consistent with city engineering
design and construction standards shall be provided for all proposed storm water facilities, and the BMPs and
party (or parties) responsible for operation and maintenance shall be identified. A copy of the O&M manual
shall be retained on site or within reasonable access to the site and shall be transferred with the property to the
new owner.
10. Off-Site Analysis and Mitigation. All projects shall include an analysis of off -site water quality and
quantity impacts resulting from the project and shall mitigate these impacts if necessary. The analysis shall
extend a minimum of one-fourth of a mile downstream from the project. The city engineer may require that the
analysis shall extend further if deemed necessary. The existing or potential impacts t o be evaluated and
mitigated under this section shall include, but are not limited to:
a. Impacts on conveyance system capacity;
b. Localized flooding;
c. Aquatic habitat (wetlands) impacts;
d. Erosion impacts, including landslide hazards;
e. Stream bank and channel erosion; and
f. Impacts to known water quality or erosion problems.
11. Geographic Specific Requirements. Projects may be subject to equivalent or more stringent minimum
requirements for erosion control, source control, treatment, wetlands protection, and operation and
maintenance, and alternative requirements for flow control as a result of location, in accordance with Volume I
of the SWMM. (Ord. 6283 § 6, 2009; Ord. 5853 § 1, 2004.)
13.48.226 Exceptions procedure.
A. Requests for deviation from the minimum requirements of ACC 13.48.225 may be made according to this
section. A deviation may be requested to allow a modification, reduction or waiver of a requirement or to permit an
alternative requirement. Any such request must be made in writing. Requests for a deviation must include the
following information:
1. The current (pre-project) use of the site;
2. How application of the minimum requirement(s) restricts the proposed uses of the site compared to the
restrictions that existed prior to the adoption of the minimum requirements;
3. The possible remaining uses of the site if the deviation were not granted;
4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements;
5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements
versus the estimated amount and percentage of value loss as a result of requirements that existed prior to the
adoption of the minimum requirements; and
6. The feasibility for the o wner to alter the project to apply the minimum requirements.
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The city engineer shall approve or deny such requests in writing and shall only approve a deviation to the extent it is
necessary. An applicant is not entitled to a deviation, whether or not criteria for approval of a deviation are met. The
city engineer may require the applicant to submit a Washington State licensed engineer’s report or analysis with a
request for a deviation. As a condition of approving a deviation, the city engineer may impose new or additional
requirements to offset or mitigate harm that may be caused by approving the deviation.
B. Equally Protective Deviations. The city engineer may approve a request for a deviation if determined that it is
likely to be equally protective of public health, safety and welfare, the environment, and public and private property
as the requirement from which a deviation is sought.
C. Other Deviations. The city engineer also may approve a request for a deviation where the criteria in subsection B
of this section are not met or the city engineer cannot determine whether the criteria are met, if it is determined at his
or her sole discretion that substantial reasons exist for approving the requested deviation and:
1. The deviation will not increase risk to the public health and welfare;
2. Will not be injurious to other properties in the vicinity and/or downstream;
3. Will not degrade the quality of waters of the state; and
4. The deviation is the least possible that could be granted to comply with the intent of the minimum
requirements.
D. The approval of a deviation shall not be construed to be an approval of any violation of any other provisions of
this chapter or approval of any violation of any other ordinance of the city nor approval of any violatio n of any other
valid law of any governmental entity having jurisdiction. The approval of plans, specifications, and calculations for
deviation shall not prevent the city engineer from thereafter requiring the correction of errors in such plans,
specifications, or other data, or from preventing operations being carried out when in violation of this chapter, or any
other ordinance of the city.
E. The following public notice requirements apply whenever a request for an exception to the minimum
requirements contained in ACC 13.48.225 (request) is received by the city:
1. Public notice (notice) shall be made to inform the public about the contents of the request and the city
engineer’s decision to grant or deny it. Notice of the request and the decision to grant or deny the request may
be combined.
2. The notice shall be published, at the requester’s cost, in the city’s newspaper of record and a local newspaper
of general circulation within Auburn.
3. The notice shall include: (a) a brief description of the request; (b) a brief description of the city engineer’s
decision to grant the request and reasons supporting the decision, or a statement that the request is denied; (c)
where the request can be reviewed; and (d) the name and contact information of a city employee who can
answer questions regarding the request.
4. The city shall provide a hard copy of the city engineer’s decision to grant or deny a request to the requester.
The city engineer’s decision to approve or deny a request shall include a reference to the procedures in city of
Auburn engineering design standards for contesting such a decision. (Ord. 6283 § 7, 2009.)
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 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 Connections. Properties that apply for a building permit to make an addition, alteration or repairs that
have 2,000 square feet or more of new or new plus replaced impervious hard surfaces or land disturbing activity of
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7,000 square feet or more must comply with the applicable Minimum Requirements for Redevelopment as given in
Volume I of the SWMM. All redevelopment shall be required to comply with M inimum Requirement No. 2
(Construction Storm Water Pollution Prevention). All redevelopment that exceeds these thresholds shall be required
to comply with additional Minimum Requirements as given in Volume I of the SWMM. (Ord. 6283 § 8, 2009; Ord.
6015 § 1, 2006; Ord. 5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.240 Connection procedures – Permit required.Storm Drainage Permit – Requirements
A. A. It is unlawful for any person to construct or connect to a publi c or private storm drainage system without
first obtaining a written permit to do so from the city.
B. 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. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
C. Storm drainage permit types and categories shall be determined administratively by the city. A storm
drainage permit shall be required for the following activities:
a. Addition or replacement of hard surfaces;
b. Land disturbing activities;
c. Development and use of property that creates a direct or indirect need for storm drainage facilities;
d. Connection to any storm drainage system;
e. Modification of any storm drainage system;
f. Any activities within a critical area and associated buffers;
g. Any other activities aAs determined by the city engineer to have an impact on the storm drainage
system.
13.48.245 Permit - Application
Any owner or authorized agent who intends to initiate a new development or redevelopment project involving the
activities in ACC 13.48.240 shall first make an application to the city and obtain the required permit for the work.
Applications shall be prepared by a licensed professional civil engineer and shall conform to the city’s design
standards and SWMM per Chapter 12.04. The city engineer shall have the authority to accept an application not
prepared by a licensed professional civil engineer if the city engineer determines the scope of the project is such that
a detailed set of plans is not required. An application for a storm drainage permit shall be applied for, and where
possible, processed concurrently with any other necessary permits or approvals.
13.48.246 Permit – Approval
The city engineer shall have the authority to approve, modify, approve with conditions, or deny the permit in
accordance with the intended purposes of ACC 13.48.005. The city engineer shall also have the authority to
determine the time frame when the new development or redevelopment project shall commence, when the project is
to be completed, designated haul routes, seasonal and weather restrictions, and hours of operation.
13.48.247 Permit – Revocation
Failure of the property owner and/or permittee to co mply with any or all of the provisions of this chapter or any or
all provisions of a storm drainage permit, including, but not limited to, the Stormwater Site Plan and the Operations
and Maintenance Plan may cause the city engineer to revoke the permit. If the permit is revoked, all operations shall
cease until such time that the noncompliance is corrected.
13.48.250 Permit – Term.
Applications for storm permits that have been issued but not completed shall be valid for 365 days. All permits
issued under the provisions of this chapter shall be valid for a period of 365 days after the date of permit issuance.
Permits may be extended by the city, in 180-day increments, if an extension is applied for prior to the expiration of
the permit. If the time extension is not requested prior to the expiration of the permit, a new permit is required and
an additional fee equal to one-half the original permit shall be charged. (Ord. 6283 § 9, 2009; Ord. 5853 § 1, 2004 ;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
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13.48.260 Permits for additional work.
Repealed by Ord. 6283. (Ord. 5853 § 1, 2004; 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. 5853 § 1, 2004; 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 t he 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. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.290 Construction inspection and approval.
A. The city may inspect sites before, during and after construction. Sites that have a high potential for sediment
transport as determined through plan review shall be inspected prior to clearing and construction.
B. 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 at the city.
C. 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, provide the necessary calculations for billing, and forward to the finance
department to initiate the storm drainage billing as designated in ACC 13.48.10 0. A copy of such permit shall
remain on file with the city as a permanent record. (Ord. 6283 § 11, 2009; Ord. 5853 § 1, 2004; Ord. 5530 § 1, 2001;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.300 Restoration of public property.
Repealed by Ord. 5853. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.310 Work in city right-of-way.
All contractors performing work within the limits of any city right -of-way shall comply with Chapter 12.66 ACC.
(Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.320 Excavation protection.
All excavations for storm drainage systems installation shall be properly safeguarded with lights and barricades
according to adopted city standards so that the same will not be a menace to public safety. (Ord. 5853 § 1, 2004;
Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.330 Permit – Fee schedule.
A. A storm drainage system permit fee to cover plan checking, inspection, record drawings and processing of permit
information for new connections to the public storm drainage system shall be charged for all development including
single-family residential.
B. A storm drainage system repair permit fee to cover inspection and processing of permit information shall be
charged for repairs to private storm drainage systems.
C. The fees shall be as shown in the city of Auburn fee schedule. (Ord. 5853 § 1, 2004; Ord. 5819 § 5, 2004; Ord.
5530 § 1, 2001; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.340 Repair permit fee.
Repealed by Ord. 5853. (Ord. 5819 § 6, 2004; 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 drainage systems abutting their property may be connected to the
abutting storm drainage system; provided, that all such property shall pay a charge in lieu of assessment. The city
will determine the charge in lieu of assessment amount based on the property’s proportional share of the calculated
cost for the storm drainage system. Properties connecting to storm drainage systems constructed prior to 1987 will
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not be required to pay a charge in lieu of assessment, unless required to do so under an existing agreement. (Ord.
5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.360 Payback agreement.
Repealed by Ord. 5853. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4762 § 1, 1995; Ord. 4492 § 4, 1991.)
13.48.370 Storm drainage extensions – Adoption of design and construction standards.
Repealed by Ord. 5853. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998; Ord. 4492 § 4, 1991.)
13.48.380 Public storm drainage improvements.
A. The city is authorized and directed to require reasonable off-site public storm drainage improvements
necessitated by new development. Such mitigating improvements shall be made in addition to any other
requirements of the city for on-site improvements.
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 propertie s. (Ord. 5853 § 1, 2004; 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
sized in accordance with the city of Auburn design and construction standards. (Ord. 5853 § 1, 2004; 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 to install conveyance lines larger than are req uired to serve adjacent
properties, the city may, pursuant to a written agreement between the city and the developer negotiated in advance to
any work, compensate the developer for the difference in cost of the oversizing, if the extension is economically
feasible for the city. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.410 Developer’s public facility extension manual adopted.
Repealed by Ord. 5791. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.425 Low Impact Development in Ground Water Protection Areas
The city of Auburn has designated Ground Water Protection Areas (also known as “Zones”) in conformance with
the requirements of ACCChapter 16.10.080.F. To protect ground water sources of supply, LID facilities that include
infiltration of runoff from pollution -generating surfaces shall not be allowed without enhanced treatment within
Ground Water Protection Zones 1 and 2.
13.48.420 Flood hazard areas – Floodplain development permits.
The city 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 city 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
fee cost for the floodplain development permit application shall be as set in the city of Auburn fee schedule. (Ord.
6295 § 13, 2010; Ord. 5853 § 1, 2004; Ord. 5819 § 7, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.430 Record construction documents.
Upon completion of private storm drainage system construction the developer shall submit record construction
documents to the city. The record construction documents shall be prepared in accordance with city requirements
and shall accurately reflect all field design revisions made during the construction process. The city must review and
approve the record construction documents prior to approving a private storm drainage system for operation. (Ord.
5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
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13.48.435 Inspection and maintenance easement and pollution prevention plan.
All permitted development projects shall require the execution, in accordance with city requirements, of a storm
water pollution prevention plan and a standard inspection and maintenance easement agreement that provides for the
city to enter the property for inspection of the site’s private storm drainage facilities, and if the owner fails to
maintain said system, to perform necessary maintenance. The agreement shall be prepared by the city and executed
by the owner prior to the issuance of occupancy permits for the development. (Ord. 5853 § 1, 2004.)
13.48.440 Maintenance responsibility.
A. Private Maintenance Responsibility. The maintenance and operation of private storm drainage systems shall be
the responsibility of the property owner. It shall be the responsibility of the developer to make arrangements with the
occupants or owners of the subject property for assumption of operation and maintenance in a manner subject to the
approval of the city or in accordance with the operations and maintenance program prepared for the property’s storm
drainage facilities. The city may inspect the facilities in order to ensure continued use of the facilities for the
purposes for which they were built and in accordance with these arrangements. Failure to maintain the facilities in
accordance with the maintenance standards listed in Volume I, Appendix D of the SWMM shall be considered a
violation, enforceable in accordance with Chapter 1.25 ACC.
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. The maintenance shall be performed
in accordance with the standards listed in Volume I, Appendix D of the SWMM. (Ord. 6283 § 12, 2009; Ord. 5853 §
1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.450 Violation – Penalty.
Any violation of this chapter may be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 5853 § 1,
2004; 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. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
13.48.470 Applicability to governmental entities.
All municipal corporations and governmental entities shall be required to submit a drainage plan and comply with
the terms of this chapter when developing and/or improving land including, but not limited to, road building and
widening, within the areas of the city. It is recognized that many other city, county, state, and federal permit
conditions may apply to the proposed action and that compliance with the provisions of this chapter does not
constitute compliance with such other requirements. (Ord. 5853 § 1, 2004.)
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Chapter 15.74
LAND CLEARING, FILLING AND GRADING
Sections:
15.74.010 Intent.
15.74.020 Scope.
15.74.030 Definitions.
15.74.040 Permit.
15.74.050 Exemptions.
15.74.060 Repealed.
15.74.010 Intent.
The intent of this chapter is to regulate all land disturbing activities on all properties, and ensure reasonable
mitigation is provided as necessary to:
A. Prevent creation of public nuisance situations, promote the public health, safety and general welfare of the
citizens of Auburn;
B. Preserve, maintain and enhance the city’s physical and aesthetic character by controlling the removal of
significant trees and ground cover on undeveloped and underdeveloped properties;
C. Encourage building and site planning practices that are consistent with the city’s natural topographical and
vegetation features in a manner which provides for the reasonable development and enjoyment, to include
preservation and enhancement of views, of the property;
D. Preserve the city of Auburn’s water courses and drainage patterns; minimize surface and ground water
quality degradation; control sedimentation in creeks, streams, rivers, ponds, lakes, wetlands, and other surface
water resources;
E. Protect adjacent and downstream properties from the impacts associated with changes to the property being
disturbed;
F. Ensure the safety and stability of public facilities;
G. Preclude the disturbance or removal of vegetation in advance of the city’s evaluation of a development
proposal;
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H. Implement the policies of the city’s comprehensive plan. (Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord.
4775 § 1, 1995; Ord. 4266 § 1, 1988.)
I. Maintain compliance with the Department of Ecology Phase II Municipal Stormwater Permit and require
implementation of Low Impact Development principles as described in the City’s SWMM and defined in
Chapter 13.48 ACC.
15.74.020 Scope.
This chapter shall regulate all land disturbing activities and the removal of trees, shrubs, and/or ground cover.
All land disturbing activities are subject to the provisions of Chapter 13.48 ACC. Land disturbing activities
proposed within critical areas and/or land subject to shoreline management jurisdiction shall be subject to
Chapters 16.10 and 16.08 ACC, respectively, and the procedural requirements of this chapter. (Ord. 6146 § 1,
2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)
15.74.030 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
A. “Accelerated erosion” means any increase over the rate of natural erosion as a result of a land disturbing
activity.
B. “Clearing” means any activity which removes or seriously damages ground cover, shrubs, and/or trees
including but not limited to root mat removal and/or topsoil removal by mechanical and/or chemical means and
which exposes the earth’s surface.
C. “Filling” means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on
any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill
material).
D. “Grading” means any excavating, filling, clearing, or re-contouring of the ground surface or combination
thereof.
E. “Ground cover” means small plants such as salal, ferns, mosses, grasses or other types of vegetation which
normally cover the ground, including trees less than six inches in diameter measured at 24 inches above
ground level, which renders the surface of the soil stable against accelerated erosion.
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F. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil
mantle as under natural conditions prior to development. A hard surface area which causes water to run off in
greater quantities or at an increased rate of flow from the flow under natural conditions prior to development.
Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking
lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or
other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered
retention/detention facilities shall not be considered as impervious surfaces for the purpose of determining
whether the thresholds for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
G. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing
soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities
include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with
stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation
maintenance practices are not considered land disturbing activity.
H. “Permanent structure” means any buildings which are immovable including homes, garages, barns, storage
buildings, or a driveway not wider than 20 feet which is the exclusive route of ingress and egress to an
immovable garage or carport.
I. “Pre-loading” means the placement of material with the intent to surcharge and compress subsurface soils for
a limited amount of time.
J. “Sedimentation” means the process by which solid particulate matter is transported by water off the site of
the land disturbing activity and settles onto land or the bed of a creek, stream, river, wetland, pond, lake, or
other water body.
K. “Stockpiling” means the placement of material with the intent to remove at a later time.
L. “Tree” means any self-supporting perennial woody plant characterized by natural growth of one main stem or
trunk with a definite crown, and maturing at a height of at least six feet above the ground.
M. “Shrubs” means any living terrestrial plant or vegetation other than a tree or ground cover on land.
N. “Significant tree” means a healthy evergreen tree, six inches or more in diameter measured four feet above
grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade.
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O. “Underdeveloped property” means any parcel which under the city’s zoning code may be further subdivided
to allow further development, or is not already developed to the fullest zoning potential.
P. “Undeveloped property” means any parcel which has not been altered from its natural state by grading or
filling or by construction of private structures or public infrastructure that allows further development. (Ord. 6283
§ 13, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)
15.74.040 Permit.
A. Application. Any owner or authorized agent who intends to clear, fill, or grade any property within the city,
except those specifically exempted in ACC 15.74.050, shall first make an application to the city and obtain the
required permit for the work. Applications shall be prepared by a licensed professional civil engineer and shall
conform to the city’s design standards per Chapter 12.04 ACC. The city engineer shall have the authority to
accept an application not prepared by a licensed professional engineer if the city engineer determines the
scope of the project is such that a detailed set of plans is not required. An application for a clearing, filling, and
grading permit shall be applied for and, where possible, processed concurrently with any other necessary
permits or approvals. In addition, the city engineer may require off-site improvements prior to issuing any
grading, filling or clearing permits when such improvements are required to mitigate the impacts of the
proposed improvements.
B. Approval. The city engineer shall have the authority to approve, modify, approve with conditions, or deny the
permit in accordance with the intended purposes of ACC 15.74.010. The city engineer shall also have the
authority to determine the time frame when the land disturbing activity shall commence, when the project is to
be completed, designated haul routes, seasonal and weather restrictions, and hours of operation.
C. Performance Guarantee. When the city engineer determines that steps must be taken to protect other
property or the public right-of-way, then the applicant shall provide the city an assignment of funds or an
irrevocable letter of credit or other similar security satisfactory to the city engineer, to ensure land disturbing
activities are constructed and maintained in conformance with the approved construction drawings, standards,
and any environmental requirements and that the impacts of the activities, including hauling impacts, are
mitigated. The amount and duration of the financial guarantee will be determined by the city engineer, when
required, and it shall be no less than $2,000 per acre. The financial guarantee shall be accompanied by an
agreement granting the city and its agents the right to enter the property and perform work to mitigate and/or
control impacts from such land disturbing activities utilizing the above-described satisfactory security. The
agreement shall also hold the city harmless from all claims and expenses, including attorneys’ fees.
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D. Fees. Fees shall be assessed in accordance with the city’s fee schedule.
E. Term. Work on grading, filling, or land clearing permits must begin within 180 days from the date of issuance
of the permit. If work has not begun prior to this date, the permit shall expire and a new permit will be required
prior to commencing any grading, filling, or clearing activities, and will be subject to city standards in effect at
the time of the new permit. A six-month period of inactivity on the grading, filling or clearing work shall
constitute expiration of the permit and a new permit will be required prior to recommencing grading, filling or
clearing activities and will be subject to city standards in effect at the time of the new permit unless the
applicant can demonstrate justification for the delay to the satisfaction of the city engineer. Work to maintain
winterization requirements shall not be considered inactivity.
F. Inspection. Construction or work for which a permit is required shall be subject to inspection by the city
engineer, or his/her designee, and such construction or work shall remain accessible for inspection purposes
until approved by the city engineer or his/her designee.
G. Revocation of Permits. Failure of the property owner and/or permittee to comply with any or all of the
provisions of this chapter or any or all provisions of a land clearing, filling, or grading permit may cause the city
engineer to revoke the permit. If the permit is revoked, all operations shall cease until such time that the
noncompliance is corrected.
H. Where applicable, the property owner is responsible for obtaining the appropriate permits from the city when
the public right-of-way is used to clear, stockpile, or load products and/or debris resulting from any land
disturbing activity.
I. Penalties. Any violation of the requirements of this chapter or the conditions of a land clearing, filling, and
grading permit shall be enforced pursuant to the provisions of Chapter 1.25 ACC; provided, that the penalty for
such violation shall be $500.00, and each day, location and/or incident shall constitute a separate civil
infraction. Additionally, each violator (each individual participating in a violation) shall constitute separate
violations; provided, that if a violation involves more than 30,000 cubic yards of grading or fill work or more than
15 acres of land clearing, it shall constitute a misdemeanor punishable by up to a $1,000 fine or up to 90 days
in jail or both.
Any person who clears or disturbs property without first securing a permit pursuant to this chapter shall be
subject to the penalties of this section and may be required to restore the site to the satisfaction of the city
engineer. In addition all activity on the property shall cease until such ti me that a permit has been issued and
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there shall be no issuance of any other permit or approval until such time that a land clearing or filling and
grading permit has been approved.
J. Appeals. Any person aggrieved by the decision of the city engineer may, within 10 business days of the city
engineer’s written decision, appeal the decision to the hearing examiner who shall conduct a public hearing
pursuant to ACC 18.70.040. (Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)
15.74.050 Exemptions.
The following are exempt from the requirements of this chapter, but other sections of Auburn City Code may
apply:
A. Removal of dead or diseased trees, shrubs, or ground cover.
B. Clearing and grading associated with continuous agricultural uses, excluding timber cutting not otherwise
exempted.
C. Clearing and grading not to exceed 6,999 square feet of area within individual lots, for the purpose of the
construction of a single-family home or duplex, provided a building permit has been issued by the city prior to
commencing the clearing and grading activities and construction of the structure starts within 90 days of
commencing clearing and grading activities.
D. The removal of up to six trees per lot within any 12-month period, or for lots greater than one acre, up to six
trees per acre within any 12-month period, with fractional acres of one-half acre or more considered to be a
whole acre.
E. Clearing and grading for the construction and maintenance of public facilities as approved by the city
engineer to include water, sanitary sewer, streets, highways, storm drainage and related facilities.
F. Removal of trees, shrubs, and ground cover in emergency situations involving immediate danger to life or
property.
G. Routine landscape maintenance and minor repair.
H. Removal of trees and vegetation consistent with an approved surface mining permit.
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I. Removal of a tree from property zoned residential that endangers a permanent structure by being closer to
the structure than the distance from the base of the tree to its top, regardless of whether the tree is located on
the same property as the structure.
J. Upon approval of the city engineer or his/her designee, excavations of less than five feet in vertical depth
and/or fills less than eight inches of vertical depth on any portion of a site and involving the deposit or
displacement of not more than a total of 500 cubic yards of material during any 24-month period.
K. Upon approval of the city engineer or his/her designee, the temporary stockpiling of less than 500 cubic
yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or similar materials on a lot, tract, or
parcel of land for a period not to exceed 12 months; provided, that the stockpile has adequate coverage to
prevent erosion.
L. Upon approval of the city engineer or his/her designee, the broadcasting of less than 500 cubic yards of
topsoil, peat, sawdust, mulch, bark, chips, or solid nutrients used for landscaping or soil conditioning on a lot,
tract or parcel of land during any 24-month period, provided the finished depth does not increase the grade
from the existing grade by more than eight inches.
M. Upon approval of the city engineer or his/her designee, the temporary stockpiling of organic or inorganic
materials used in an approved construction project, provided the use, location, duration, and extent of the
stockpile was disclosed through the environmental or development review process. In no case shall a
temporary stockpile remain beyond a 24-month period.
N. The creation of impervious surfaces which have a surface area less than 2,000 square feet.
O. Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme
weather conditions when done to protect life or property, provided such measures do not adversely impact
adjacent properties or public facilities.
An exemption from clearing, filling, and grading permit requirements does not exempt a property owner from
the policies, criteria, and standards contained in this chapter or other applicable local, state, or federal
regulations or permit requirements.
The property owner is responsible to ensure that clearing of any trees that are within striking distance of a
structure or have the potential to cause damage to others is performed by a licensed and bonded contractor.
(Ord. 6283 § 14, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)
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15.74.060 Administrative provisions.
Repealed by Ord. 6146. (Ord. 4861 § 1, 1996; Ord. 4502 § 21, 1991; Ord. 4266 § 1, 1988.)
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Chapter 17.02
GENERAL PROVISIONS
Sections:
17.02.010 Short title.
17.02.020 General authority.
17.02.030 Purpose.
17.02.040 Scope.
17.02.050 Exceptions.
17.02.060 Administration.
17.02.065 Application requirements.
17.02.070 Consent to access.
17.02.080 Enforcement.
17.02.090 Amendments.
17.02.010 Short title.
The ordinance codified in this title, together with any amendments hereto, shall be known as the “Auburn land
division ordinance” and shall constitute Title 17 of the Auburn City Code and shall hereafter be referred to as
“this title.”
17.02.020 General authority.
This title is adopted under the authority of Chapters 35A.01, 35A.58 and 58.17 RCW .
17.02.030 Purpose.
The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to
promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with
standards established by the state and the city, and to:
A. Prevent the overcrowding of land;
B. Promote safe and convenient travel by the public on streets and highways;
C. Promote the effective use of land;
D. Provide for adequate light and air;
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E. Facilitate adequate provision for water, sewerage, storm drainage, parks and recreational areas, sites for
schools and school grounds, and other public requirements;
F. Identify, preserve, and utilize native soils and/or vegetation for the purposes of reducing stormwater
discharges, promoting groundwater infiltration, and implementing the use of stormwater low impact
development techniques;
FG. Provide for proper ingress and egress;
GH. Provide for the expeditious review and approval of proposed land divisions which comply with this title, the
Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW;
HI. Adequately provide for the housing and commercial needs of the citizens of the state and city;
IJ. Require uniform monumenting of land divisions and conveyance by accurate legal description;
JK. Implement the goals, objectives and policies of the Auburn comprehensive plan.
17.02.040 Scope.
Every division of land lying within the corporate limits of the city shall comply with the provisions of this title,
except as provided by ACC 17.02.050, and shall also comply with the provisions of Chapter 58.17 RCW .
Wherever conflicts may arise between this title and Chapter 58.17 RCW , the latter shall prevail. It shall be the
responsibility of the property owner, applicant and the city to ensure that a land division complies with this title
and Chapter 58.17 RCW . No building permit or other development permit shall be issued for any lot, tract or
parcel of land divided in violation of this title or Chapter 58.17 RCW unless the authority authorized to issue
such permit finds that the public interest will not be adversely affected thereby.
17.02.050 Exceptions.
The provisions of this title shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions or the laws of descent;
C. Assessor’s plats made in accordance with RCW 58.18.010.
17.02.060 Administration.
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A. This title shall be administered by the director of the planning and development department, hereafter
referred to as the planning department. All applications for land division approval under this title shall be
submitted to the planning department. In cases where an environmental impact statement is required under the
provisions of the State Environmental Policy Act (SEPA – Chapter 43.21C RCW ), the planning department
shall not be considered to be in receipt of an application, for the purpose of complying with time limitations
established by this title, until the date of issuance of a final environmental impact statement.
B. Unless otherwise stated herein, all references to days are to be construed as calendar days.
17.02.065 Application requirements.
A. An application shall consist of all materials required by the applicable application submittal checklist, the
applicable development regulations and shall, at a minimum, include the following:
1. A completed project permit application form signed by the property owner(s) and/or applicant;
2. A statement that the applicant attests by written oath to the accuracy and completeness of all
information submitted for an application;
3. A statement by the applicant that the property affected by the application is in the exclusive
ownership of the applicant, or that the applicant has submitted the application with the written
consent of all owners of the affected property and such written consent is supplied with the
application;
4. A legal description of the site;
5. Applicable filing fee(s), if any, as established in the current city of Auburn fee schedule and
relevant deposit(s), if any, as permitted or required by other chapters or sections of the Auburn
City Code;
6. Evidence of water and sewer availability:
a. Availability of water and sewer service inside the municipal limits of the city shall be
confirmed by city staff;
b. Except for boundary line adjustments or boundary line eliminations, if outside the city’s
water or sanitary sewer service area, application shall include evidence of water or
sanitary sewer availability or evidence of approval from King County or Pierce County
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health departments for a septic system adequate to accommodate the proposed
development;
c. The application shall include a conceptual utility plan showing all utility infrastructure
needed to serve the subdivision;
7. Conceptual grading plan showing existing and proposed grades with cross sections
demonstrated, as applicable;
8. Conceptual access plan showing existing and proposed access points and access points
adjacent to or on the opposite side of the subject properties’ frontage;
9. Any additional information as required by the specific submittal checklist or chapter of this title
for each specific application type;
10. A project permit application is complete when it meets the submittal requirements specified
by the director. The determination of completeness shall not preclude the department from
requesting additional information or studies either at the time of notice of completeness or
subsequently if new or additional information is required or substantial changes in the proposed
action occur, as determined by the department.
B. The director shall have the authority to prepare, revise and/or waive any of the specific submittal
requirements listed herein that are determined to be unnecessary for review of an application.
17.02.070 Consent to access.
Persons applying for land division or other subdivision-related approvals under this title shall permit free access
to the land subject to the application, to all agencies considering the proposal, for the period of time extending
from the time of application to the time of final approval of the short subdivision or subdivision.
17.02.080 Enforcement.
The planning director, or designee, pursuant to the provisions of Chapter 1.25 ACC, shall be charged with the
responsibility of enforcing the provisions of this title or any conditions properly imposed by the hearing
examiner, planning commission or city council.
17.02.090 Amendments.
A. Initiation of Amendments.
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1. The city council upon its own motion may request the planning commission to conduct a
public hearing to amend any portion or all of this title; provided, that no public hearing is
required for a purely administrative or procedural amendment of any portion of this title;
2. The planning commission may upon its own motion call for a public hearing to amend any
portion or all of this title, with the exception of purely administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request an amendment to
the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the planning director
shall schedule a public hearing to be held before the planning commission for any proposal to
amend this title or to adopt or repeal any ordinance under the authority established by Chapter
58.17 RCW . The director shall cause notice of such hearing to be given as follows:
a. By sending to any individual or organization which has submitted a request for
notification a notice indicating the time and place of public hearing, describing the general
nature of the proposal, and indicating how copies of the proposed ordinance or
amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice indicating the
time and place of public hearing, describing the general nature of the proposal, and
indicating how copies of the proposed ordinance or amendment may be obtained.
2. For all proposals to make purely administrative or procedural amendments to this title, the
planning director shall cause notice of such proposed amendment to be given as follows:
a. By sending to any individual or organization which has submitted a request for
notification advance notice of the proposed amendment that indicates how copies of the
proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance notice of the
proposed amendment that indicates how copies of the proposed amendment can be
obtained.
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3. For the purposes of this section, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: substantive matters
relate to regulations that define or limit what can be done in terms of conduct, use or action
(e.g., what use may be made of land, what requirements apply to development), and procedural
or administrative matters are those that relate to the process of how an application to take such
action must be pursued (e.g., time limits for applications and appeals, what forms must be used,
and where or how applications must be submitted. Essentially, procedural or administrative
matters are the mechanical rules by which substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has been closed, the planning commission
shall recommend to the council either adoption, adoption with modifications, or rejection of the proposed
ordinance or amendment. In formulating its recommendation, the commission shall consider, among other
things, the relationship between the proposed ordinance or amendment and the comprehensive plan, other
applicable city policies, and other existing land use controls.
D. City Council Action. The planning director shall forward the planning commission’s recommendation, in
writing, to the council. The council may elect to hold its own public hearing, in which case the city clerk shall
cause adequate notice to be given. The council shall consider, but shall not be bound by, the planning
commission’s recommendation in reaching its own decision.
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17.09.050 Development requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision shall contain sufficient square footage and
lot dimensions to meet the requirements of ACC Title 18. Each lot to be served by an on-site sewage
disposal system shall be a minimum of 15,000 square feet in area and shall also meet the minimum lot
area requirements of the county department of health rules and regulations. Land contained in access
easements, tracts or panhandles shall not be included in lot area or lot dimension calculations for the
purposes of this section.
B. Every lot within a short subdivision shall be capable of being reasonably served by public or private
sewage disposal, water, storm drainage facilities and streets. The city will not approve a short subdivision
for which a building permit cannot be issued because of insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm drainage facilities adjacent to or within
the short subdivision shall be in conformance with adopted city ordinances, standards and policies.
Easements for utilities recommended by such plans shall be provided to the city, with the exact location of
such easements to be determined by the city engineer.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an area of special flood hazard or
regulatory floodway, conformance with adopted city flood hazard area ordinances, standards and
policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to be submitted, as part of the
preliminary short subdivision application, unless waived by the city engineer where there is no ground
disturbing activity. Lot configuration, street and utility layouts, and building envelopes shall be
designed in a manner that identifies, preserves, and utilizes native soils and/or vegetation that are
integrated into a stormwater low impact development facility, consistent with the City’s adopted
stormwater management manual. A conceptual storm drainage/grading plan shall be provided that
identifies natural resources and the existing natural conditions.
3. The proposed subdivision should have one or more new lots in the regulatory floodplain set aside for
open space use through deed restriction, easement, subdivision covenant, or donation to a public
agency. The density of the development in the portion of the development outside the regulatory
floodplain may be increased in accordance with applicable land use and subdivision regulations.
4. If a parcel has a buildable site outside the regulatory floodplain, it shall not be subdivided to create a
new lot, tract, or parcel within a binding site plan that does not have a buildable site outside the
regulatory floodplain. This provision does not apply to lots set aside from development and preserved
as open space.
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E. Adjacent Streets. When any public street lying adjacent to the property being short subdivided has
insufficient width or for any other reason does not conform to minimum street standards, in accordance
with the city design and construction standards, sufficient additional right-of-way shall be dedicated to the
city and appropriate improvements shall be made by the subdivider to conform the abutting half of the
street to such standards consistent with Chapter 12.64A ACC. Deferral of such improvement requirements
shall be in conformance with the city of Auburn design and construction standards.
F. Access.
1. All short subdivisions shall border on an opened, constructed and maintained public street. All lots
within a short subdivision shall either border on an opened, constructed and maintained public street or
shall be served by a private street, access easement, tract or panhandle having direct access to such
a public street. Where private streets and access easements are provided, they shall be improved or
guaranteed to the city of Auburn and be in conformance with the city of Auburn design and
construction standards.
2. All private streets, access easements and panhandles shall be capable of meeting the fire access
requirements of Chapter 15.36A ACC and the development standards of Chapters 17.14 and 18.31
ACC, in addition to any other requirements of this title, including, but not limited to, an adequate
surface for access and minimum turnaround requirements on dead-end streets or access easements
as specified by the fire agency department.
3. All proposals shall ensure that all buildable lots shall have at least one access road connected to land
outside the regulatory floodplain with the surface of the road at or above the FPE.
G. Dedication of Streets. Dedication of a public street or streets may be required, whenever the city engineer
finds that one or more of the following conditions applies:
1. The general alignment of a proposed private street, access easement or panhandle follows the general
alignment of a future arterial as shown in the comprehensive plan; or
2. The general alignment of a proposed private street, access easement or panhandle can be reasonably
modified to provide a desirable through-connection between two or more existing or planned public
streets or arterials; or
3. A public street would be necessary to provide adequate access to adjacent property not subject to the
proposed short subdivision.
H. Nonmotorized Requirements. In addition to any frontage improvement requirements and compliance with
the city’s comprehensive transportation plan, sidewalks and other planning features that assure safe
walking conditions for students who walk to and from school shall be considered.
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I. Fire Hydrants. All lots within a short subdivision shall be capable of being served by a fire hydrant as
required by Chapter 13.16 ACC. Property zoned RC, residential conservancy, may be exempt, provided
the requirements of ACC 13.16.030 are met.
J. The final recorded subdivision plat shall include a notice that part of the property is in the SFHA, riparian
habitat zone and/or channel migration area, as appropriate.
17.09.070 Final short subdivision approval.
A. Timeframe for Final Short Subdivision Approval. A final short subdivision meeting all requirements of this title
and the conditions and requirements of the written decision granting preliminary short subdivision approval
shall be submitted to the Auburn planning and development department within the timeframes specified in ACC
17.09.110, unless otherwise extended by the director or designee.
B. Procedures. Final short subdivision applications shall be processed as a Type II land use action.
C. Application. An application for final short subdivision approval meeting all requirements of Chapter 58.17
RCW and this title shall be submitted to the department of planning and development accompanied by the
following:
1. Application materials consistent with the requirements of ACC 17.02.065.
2. A copy of the approved preliminary short subdivision.
3. A final short subdivision drawing meeting the requirements of Chapter 58.17 RCW, including
certifications, dedications, and title reports;
4. Agency recommendations pursuant to RCW 58.17.150;
5. A recordable survey and surveyor’s signature meeting the requirements of Chapter 58.09 RCW and
RCW 58.17.250. The map and legal descriptions included in the application for final short subdivision
shall be prepared and certified by a professional land surveyor licensed in the state of Washington in a
format acceptable to the city of Auburn and the Survey Recording Act.
6. A title insurance report, not older than 30 days prior to the date of application, confirming that the title
of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on
the final short subdivision’s certificate.
7. Computation data for all lots, streets and easements located within the plat.
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8. Failure of an applicant to submit all required application materials shall be considered a lack of
compliance with this section, and the director or designee may withhold the application from further
consideration until such time as the application is complete.
9. Declaration blocks shall be provided for the original tract owner, surveyor, approving governmental
agencies, and recording certification, in a manner as prescribed by the director.
10. Proof of the date of last legal segregation of the parcel of land to be short subdivided, if deemed
necessary by the planning director.
11. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions must be
recorded simultaneously with the short subdivision.
12. In any short subdivision where lots are served or to be served by a private road, the subdivider shall
furnish a copy of such further covenants or documents that will result in:
a. Each lot owner having access thereto and having responsibility for maintenance of any private
road contained within the short subdivision in such a condition as to allow free access for
emergency vehicles;
b. Such covenants or documents shall obligate any seller to give actual notice to any prospective
purchaser of the method of maintenance of the private road, which notice shall be caused to be
included in any deeds or contracts relating to such sale and such covenants or documents shall be
recorded simultaneously with the short subdivision.
D. Preparation. The final short subdivision shall be prepared by a professional land surveyor licensed by the
state of Washington. The preparer shall, by placing his or her signature and stamp upon the fac e of the final
short subdivision, certify that the final short subdivision is a true and correct representation of the land actually
surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional
and geodetic details are correct.
E. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar measuring 18 inches by 24
inches in size, with a one-inch border on one edge and a one-half-inch border for the other three edges for
projects in King County and measuring 18 inches by 24 inches with a two-inch border on the left edge and a
one-half-inch border for the other three edges for projects in Pierce County. The final short subdivision shall be
accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one
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sheet is required, an index sheet showing the entire subdivision with street and highway names and block
numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size.
All signatures or certifications appearing on a final short subdivision shall be in reproducible black ink.
F. Final Short Subdivision Contents. A final short subdivision drawing shall contain the following information:
1. The name of the short subdivision, if applicable;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, basis of bearings and date of preparation of the final short subdivision;
4. The boundary line of the short subdivision, referenced to city datum in accordance with city design
and construction standards and based on an accurate traverse, with angular and linear dimensions and
bearings;
5. The exact location, width and assigned name of all streets, alleys and other public ways within and
adjacent to the short subdivision;
6. A table depicting the assigned address for each lot within the short subdivision;
7. The exact location, width and purpose of all easements and dedications for rights-of-way provided for
public and private services and utilities;
8. True courses and distances to the nearest established street lines, or section or quarter section corner
monuments which shall accurately locate the short subdivision;
9. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and
courses;
10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet;
11. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;
12. The accurate location of each permanent control monument. One such monument shall be located at
each and every controlling corner on the boundaries of the parcel of land being subdivided; at each
street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each point
of reverse curve (PRC); and at each intersection of a street centerline with a plat boundary;
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13. All plat meander lines or reference lines along bodies of water shall be established above, but not
farther than 20 feet from, the high water line of such body;
14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with
the purposes of such dedication or reservation and any limitations indicated thereon and in the
dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for common use of owners of
property within the subdivision, together with the purposes of such reservation;
16. Any restrictions or conditions on the lots or tracts within the short subdivision, as required by the
director, or at the discretion of the property owner;
17. The final recorded subdivision plat shall include a notice to individual property owners and/or the
home owner’s association of the location, responsibilities, and requirements associated with stormwater
low impact development and management facilities.
17. A signed certification stating that the short subdivision has been made with the free consent, and in
accordance with the desires, of the owner or owners. If the short subdivision includes a dedication, the
certificate or a separate written instrument shall contain the dedication of all streets and other areas to
the public, any individual or individuals, religious society or societies, or to any corporation, public or
private, as shown on the plat, and a waiver of all claims for damages against any governmental authority
which may be occasioned to the adjacent land by the established construction, drainage or maintenance
of said street or other areas so dedicated. Such certificate or instrument shall be signed and
acknowledged before a notary public by all parties having any interest in the lands subdivided. An offer
of dedication may include a waiver of right of direct access to any street from any property. Such waiver
may be required by the city engineer as a condition of approval. Roads not dedicated to the public must
be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the
plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose
intended by the donation or grant. At the discretion of the city engineer, conveyances of right-of-way may
be required to be by statutory warranty deed. The acceptance of right-of-way by the city shall not
obligate the city to improve or develop the lands in the right-of-way;
18. Forms for the appropriate certifications of the city engineer and planning director, as follows:
CITY ENGINEER’S CERTIFICATE
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I hereby certify that this short plat is in compliance with the certificate of improvements issued pursuant
to ACC 17.14.015, and is consistent with all applicable City improvement standards and requirements
in force on the date of preliminary short plat approval, this ______ day of _____________, 20___.
______________________________
Auburn City Engineer
PLANNING DIRECTOR’S CERTIFICATE
I hereby certify on this ______ day of ______________, 20____, that this final plat is in substantial
conformance with the preliminary plat and any conditions attached thereto, which preliminary short plat
was approved on the ______ day of ______________, 20____.
19. A form for the approval of the applicable county (King/Pierce) assessor, as follows or as required by
the applicable county, if different:
ASSESSOR’S APPROVAL
Examined and approved this ______ day of ______________, 20___.
______________________________
County Assessor
______________________________
Deputy County Assessor
____________________________
Account number
20. A form for the certificate of the applicable county recorder (King/Pierce), as follows or as required by
the applicable county, if different:
RECORDING CERTIFICATE
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Filed for record at the request of the City of Auburn this ______ day of ____________, 20___ at _____
minutes past ______ __.M., and recorded in Volume _____ of Plats, page ________ Records of (King
or Pierce) County, Washington.
County Recording Number _____.
______________________________
Manager
______________________________
Superintendent of Records
21. Any additional pertinent information as required at the discretion of the city engineer or planning
director.
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17.10.020 Application, submittal and contents.
A Application. In addition to the requirements for a completed application as provided in ACC Title 14, an
application for subdivision approval shall include:
1. Application requirements found in ACC 17.02.065;
2. A preliminary plat meeting the requirements of RCW 58.17.160 for a preliminary subdivision;
3. A neighborhood circulation plan meeting the requirements of Chapter 17.16 ACC and RCW
58.17.110(2) for safe walking paths for students;
4. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary
percolation tests for each such proposed lot, conducted under the county department of health rules
and regulations;
5. A conceptual utility/site grading plan and/or methodology prepared in accordance with the city’s
comprehensive plans, standards or ordinance requirements. The conceptual utility/site grading plan
shall include adequate horizontal and vertical information to ensure that utilities can be constructed
consistent with the preliminary plat layout;
6. The location of other utilities other than those provided by the city;
7. The application shall include a transportation site plan for streets, pedestrian, and bike facilities. The
site plan shall include adequate horizontal and vertical information to ensure the transportation
facilities can be constructed consistent with the preliminary plat layout;
8. A title report, with liability for errors not to exceed the assessed value of the lots on the date of
application. The title report shall be issued no more than 30 days prior to the application date;
9. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions must be recorded
simultaneously with the subdivision.
B. Preparation. The preliminary plat or short plat shall be prepared by a professional engineer or professional
land surveyor registered or licensed by the state of Washington. The preparer shall, by placing his or her
signature and stamp upon the face of the plat, certify that all information is portrayed accurately and that
the proposed subdivision or short subdivision complies with the standards and requirements of this title, the
Auburn zoning ordinance and any other applicable land use and development controls.
C. Scale and Format. The preliminary plat shall be drawn with reproducible black ink on Mylar. All geographic
information portrayed by the preliminary plat shall be accurate, legible, and drawn to an engineering
(decimal) scale.
D. Preliminary Plat Contents. A preliminary plat shall provide the following information:
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1. General Information. The following information shall appear on each sheet of a preliminary plat or short
plat:
a. The name of the proposed subdivision, together with the words “preliminary plat”;
b. The name and address of the applicant;
c. The name, address, stamp and signature of the professional engineer or professional land
surveyor who prepared the preliminary plat or short plat;
d. Numeric scale, graphic scale, true north point and date of preparation;
e. A form for the endorsement of the planning director, as follows:
APPROVED BY RESOLUTION _____ OF THE CITY COUNCIL ON (Date) ________
_________________________________
Director, Planning and Development Dept.
________
Date
f. Legal description of preliminary plat.
2. Existing Geographic Features. Existing geographic features, as detailed in city application
requirements, shall be drawn lightly in relation to proposed geographic features.
3. Proposed Geographic Features. Proposed geographic features, as detailed in city application
requirements, shall be shown.
4. Additional Information. The following additional information shall be shown on the face of the
preliminary plat:
a. For proposed subdivisions involving residential land uses, a table providing the following
information for each distinct residential area:
i. Proposed land use (e.g., single-family, duplex, multifamily);
ii. Number of dwelling units;
iii. Gross acreage;
iv. Existing zoning designation;
v. Proposed zoning designation;
vi. Approximate area of smallest lot;
b. Proposed source of domestic water supply;
c. Proposed sewage disposal system;
d. Typical street cross section(s);
e. Proposed storm drainage system;
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i. Identification of the location and type of any stormwater Low Impact Development or
management facilities;
ii. Identification of whether the responsible party for operation and maintenance of a stormwater
Low Impact Development facility located on private property is the private property owner, a
homeowners association, or the City;
f. For preliminary plats that are related to a planned unit development (PUD), the following
information shall also be provided:
i. The ordinance and contract of the PUD rezone if previously done;
ii. The location of perimeter walls and fences on the boundary of the PUD and an indication of
the height and materials;
iii. The location and size of any entrance signs;
iv. A landscaping plan;
v. Any covenants not previously approved.
17.10.070 Findings of fact.
Preliminary plats shall only be approved if findings of fact are drawn to support the following:
A. Adequate provisions are made for the public health, safety and general welfare and for open spaces,
drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and
schools;
B. Conformance of the proposed subdivision to the general purposes of the comprehensive plan;
C. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans
which have been adopted by the city council;
D. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC
17.02.030;
E. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning
or engineering standards and specifications as adopted by the city, or as modified and approved as part of a
previously approved PUD;
F. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat
will not have an unacceptable adverse effect upon the quality of the environment;
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G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances.
H. Lot configuration, street and utility layouts, and building envelopes shall be designed in a manner that
identifies, preserves, and utilizes native soils and/or vegetation that are integrated into a low impact
development facility, consistent with the City’s adopted stormwater management manual.
17.10.120 Development standards for panhandle lot access and private access tracts.
A. Panhandle Lot Access.
1 The maximum length of a panhandle lot access within the R-5, R-7, R-10, R-16, R-20, and RO zones
and residential PUDs shall be 150 feet. When there are unique physical limitation s of the property
including but not limited to steep slopes, significant vegetation, or sensitive environmental areas that
would be impacted less if a longer panhandle length were provided, then the planning director may allow
additional length. The planning director may also allow for additional length if there is an existing
intervening parcel of the property (that has a lot depth greater than 150 feet) between the proposed
panhandle lot and the abutting street. There shall be no limitation of length within the other zoning
districts of the city.
2. All residential and nonresidential panhandle accesses shall meet the standards of the city of Auburn
engineering, design and construction standards manual.
3. If two panhandle accesses within the same plat abut each other, then one common paved driveway,
spanning both panhandles, may be provided as part of the two panhandles. The pavement width of the
driveway shall be determined using the same methodology as subsection (A)(2) of this section.
4. Not more than two panhandle accesses within the same plat may abut each other. Alternatively, a
separate access tract shall be required in lieu of more than two separate panhandle accesses. The
separate access tract shall meet the requirements of subsection B of this section.
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Chapter 17.12
FINAL SUBDIVISIONS
Sections:
17.12.005 Purpose.
17.12.010 Application submittal and contents.
17.12.015 Review process.
17.12.020 Administrative review.
17.12.030 City council action.
17.12.040 Terms of approval.
17.12.050 Distribution and filing.
17.12.060 Transfer of ownership.
17.12.070 Building, occupancy and model home permits.
17.12.080 Release of improvement guarantee.
17.12.090 Survey requirements.
17.12.005 Purpose.
This chapter establishes specific application materials, review processes and requirements, and terms of
approval for final subdivisions.
17.12.010 Application submittal and contents.
A. Application. An application for final subdivision approval meeting all requirements of Chapter 58.17 RCW
and this title shall be submitted to the planning department, accompanied by the following:
1. Application materials consistent with the requirements of ACC 17.02.065;
2. A copy of the approved preliminary plat;
3. A final plat meeting the requirements of Chapter 58.17 RCW, including certifications, dedications,
and title reports;
4. Agency recommendations pursuant to RCW 58.17.150;
5. A recordable survey and surveyor’s signature meeting the requirements of Chapter 58.09 RCW and
RCW 58.17.250;
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6. Proposed list of public improvements that will be incomplete at the time of final plat approval and the
associated cost to complete the work. The list shall be used to determine the financial security required
as part of the final plat review process. The engineer’s certification is required prior to setting the date
for consideration by the city council for final plat approval. The engineer’s certification will not be
issued until the requirements of ACC 17.14.010 have been met.
B. Preparation. The final plat shall be prepared by a professional land surveyor licensed by the state of
Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that
the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing
monuments shown thereon exist as located and that all dimensional and geodetic details are correct.
C. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar measuring 18 inches by 24
inches in size, with a one-inch border on one edge and a one-half-inch border for the other three edges for
projects in King County and measuring 18 inches by 24 inches with a two-inch border on the left edge and a
one-half-inch border for the other three edges for projects in Pierce County. The final plat shall be accurate,
legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is
required, an index sheet showing the entire subdivision with street and highway names and block numbers (if
any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. All
signatures or certifications appearing on a final plat shall be in reproducible black ink.
D. Final Plat Contents. A final plat shall contain the following information:
1. The name of the subdivision;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, true north point and date of preparation of the final plat;
4. The boundary line of the plat, referenced to city datum in accordance with the city design and
construction standards and based on an accurate traverse, with angular and linear dimensions and
bearings;
5. The exact location, width and assigned name of all streets, alleys and other public ways within and
adjacent to the subdivision;
6. A table depicting the assigned address for each lot within the subdivision;
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7. The exact location, width and purpose of all easements and dedications for rights-of-way provided
for public and private services and utilities;
8. True courses and distances to the nearest established street lines, or section or quarter section
corner monuments which shall accurately locate the subdivision;
9. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and
courses;
10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet;
11. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;
12. The accurate location of each permanent control monument. One such monument shall be located
at each and every controlling corner on the boundaries of the parcel of land being subdivided; at each
street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each
point of reverse curve (PRC); and at each intersection of a street centerline with a plat boundary;
13. All plat meander lines or reference lines along bodies of water shall be established above, but not
farther than 20 feet from, the high water line of such body;
14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use,
with the purposes of such dedication or reservation and any limitations indicated thereon and in the
dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for common use of owners of
property within the subdivision, together with the purposes of such reservation;
16. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the hearing
examiner, or at the discretion of the property owner;
17. The final recorded subdivision plat shall include a notice to the individual property owners and/or
the homeowner’s association of the location, responsibilities, and requirements associated with
stormwater low impact development and management facilities:
1718. The name and seal of the licensed land surveyor responsible for preparation of the final plat,
and a signed certification on the plat by said surveyor to the effect that it is a true and correct
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representation of the land actually surveyed by him or her, that the existing monuments shown thereon
exist as located and that all dimensional and geodetic details are correct;
1819. A signed certification stating that the subdivision has been made with the free consent, and in
accordance with the desires, of the owner or owners. If the plat includes a dedication, the certificate or
a separate written instrument shall contain the dedication of all streets and other areas to the public,
any individual or individuals, religious society or societies, or to any corporation, public or private, as
shown on the plat, and a waiver of all claims for damages against any governmental authority which
may be occasioned to the adjacent land by the established construction, drainage or maintenance of
said street or other areas so dedicated. Such certificate or instrument shall be signed and
acknowledged before a notary public by all parties having any interest in the lands subdivided. An offer
of dedication may include a waiver of right of direct access to any street from any property. Such
waiver may be required by the city engineer as a condition of approval. Roads not dedicated to the
public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on
the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for
the purpose intended by the donation or grant. At the discretion of the city engineer conveyances of
right-of-way may be required to be by statutory warranty deed. The acceptance of right-of-way by the
city shall not obligate the city to improve or develop the lands in the right-of-way;
1920. Forms for the appropriate certifications of the finance director, city engineer and planning
director, as follows:
FINANCE DIRECTOR’S CERTIFICATE
I hereby certify that there are no delinquent special assessments for which the property
subject to this subdivision may be liable to the city, and that all special assessments on any
property herein contained dedicated as streets, alleys or for any other public use have been
duly paid, satisfied or discharged, this ______ day of _____________, 20___.
______________________________
Auburn Director of Finance
CITY ENGINEER’S CERTIFICATE
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I hereby certify that this final plat is in compliance with the certificate of improvements issued
pursuant to ACC 17.14.015, and is consistent with all applicable City improvement
standards and requirements in force on the date of preliminary plat approval, this ______
day of _____________, 20___.
______________________________
Auburn City Engineer
PLANNING DIRECTOR’S CERTIFICATE
I hereby certify on this ________ day of ______________, 20___, that this final plat is in
substantial conformance with the preliminary plat and any conditions attached thereto, which
preliminary plat was approved by Resolution Number ______ of the Auburn City Council on
the _______ day of ___________, 20____, or by the Decision of the Hearing Examiner for
the City of Auburn dated the _______ day of ___________, 20____.
______________________________
Auburn Planning Director
2021. A form for the approval of the mayor, pursuant to ACC 17.12.030, as follows:
APPROVAL
Examined and approved this _____ day of ____________, 20___, pursuant to City
Ordinance Number _____, adopted by the Auburn City Council on the ______ day of
____________, 20___.
______________________________
Mayor
ATTEST:
______________________________
Auburn City Clerk
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2122. A form for the certificate of the applicable (King/Pierce) county finance division, as follows, or as
required by the applicable county, if different:
FINANCE DIVISION CERTIFICATE
I hereby certify that all property taxes are paid, that there are no delinquent special
assessments certified to this office for collection, and that all special assessments certified
to this office for collection on any of the property herein contained dedicated as streets,
alleys or for other public use are paid in full this ___ day of _______, 20___.
______________________________
Manager
______________________________
Deputy
2223. A form for the approval of the applicable (King/Pierce) county assessor, as follows, or as
required by the applicable county, if different:
ASSESSOR’S APPROVAL
Examined and approved this ______ day of _________, 20___.
______________________________
County Assessor
______________________________
Deputy County Assessor
____________________________
Account number
2324. A form for the certificate of the applicable (King/Pierce) county recorder, as follows, or as
required by the applicable county, if different:
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RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this ______ day of __________, 20___
at _____ minutes past ______ __.M., and recorded in Volume _____ of Plats, page
________ Records of (King or Pierce) County, Washington.
County Recording Number _____.
______________________________
Manager
______________________________
Superintendent of Records
2425. Any additional pertinent information as required at the discretion of the city engineer or planning
director.
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Chapter 17.26
CLUSTER SUBDIVISIONS
Sections:
17.26.010 Purpose.
17.26.020 Scope.
17.26.025 Process.
17.26.030 Requirements.
17.26.010 Purpose.
The purpose of this chapter is to provide for the clustering of lots within a subdivision onto a portion of the site,
while maintaining the underlying allowable density. Clustering allows development to occur at an appropriate
density for infrastructure services. It also and protections of environmentally sensitive areas by clustering lots
away from these areas. Clustering also allows for preservation of native vegetation and native soils that are
optimal for implementing stormwater low impact development techniques.
17.26.030 Requirements.
A. All subdivisions and short subdivisions in the R-1 zoning district shall be required to be clustered pursuant to
this section when the property is located wholly or partially within an urban separator as designated on the city
of Auburn comprehensive land use plan map.
B. Cluster subdivisions and short subdivisions shall be subject to the development standards outlined in
Chapter 18.07 ACC, as modified by Chapter 18.21 ACC. However, flexibility will be applied to minimum lot size,
lot width, and lot area in order to ensure that the applicant is able to maximize density when designating areas
as open space and stormwater low impact development facilities. These standards include, but are not limited
to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc.
C. Applicants for cluster subdivisions shall demonstrate compliance to all applicable Engineering design
standards and construction standards for the city of Auburn.
D. The provisions of this title, as well as other applicable portions of the Auburn City Code, shall apply unless
specifically exempted. In addition, the following standards shall apply to clustered subdivisions or short
subdivisions:
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1. Location. The cluster residential development shall be required in the R-1 zoning district within
urban separator areas.
2. Permitted Uses. Permitted uses in cluster residential developments shall be consistent with Chapter
18.07 ACC, as modified by Chapter 18.21 ACC. In no case shall zero lot line development be
permitted in a cluster subdivision.
3. Minimum Area. No minimum area is established for a cluster residential development.
4. Permitted Density. The maximum number of dwelling units permitted in a cluster development shall
be no greater than the number of dwelling units allowed pursuant to Chapter 18.07 ACC, as modified
by Chapter 18.21 ACC.
5. Lot Size. The lot area of individual building lots within a cluster subdivision or short subdivision shall
be no less than that provided for in Chapter 18.07 ACC, as modified by Chapter 18.21 ACC. New lots
created by any subdivision or short subdivision action shall be clustered in groups not exceeding eight
units. There may be more than one cluster per project. Separation between cluster groups shall be a
minimum of 120 feet. Once a cluster residential development is approved and recorded, future
variance to setbacks or lot coverage limits will not be allowed.
6. Lot Width. The lot width for individual building lots in a cluster subdivision or short subdivision shall
be no less than that provided for in Chapter 18.07 ACC, as modified by Chapter 18.21 ACC.
76. Other Development Standards. Development standards other than lot size and lot width shall be
the same as are required by Chapter 18.07 ACC, as modified by Chapter 18.21 ACC.
87. Common Open Space.
a. Amount Required. The common open space in a cluster subdivision or short subdivision shall
be a minimum of 50 percent of the parcel, and may include critical areas and their buffers and
stormwater low impact development facilities.
b. Nonconstrained Areas Defined. For purposes of this section, the nonconstrained area of the
parcel is defined as all areas of the parcel, minus critical areas, as defined in Chapter 16.10 ACC
as currently and hereinafter amended, and buffers.
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c. Buildable Area. After accounting for the 50 percent open space requirement, the remainder of
the nonconstrained area of the parcel shall be the buildable area of the parcel.
d. Layout of Common Open Space. The common open space tracts created by clustering shall be
located and configured in the manner that best preserves and protects native vegetation and
native soils that are identified as supporting vegetated stormwater low impact development
techniques, connects and increases protective buffers for environmentally sensiti ve areas,
connects and protects area wildlife habitat, creates connectivity between the open space provided
by the clustering and other adjacent open spaces as well as existing or planned public parks and
trails, and maintains scenic vistas.
e. Future Development Prohibited. Future development of the common open space shall be
prohibited. Except as specified on recorded documents creating the common open space, all
common open space resulting from lot clustering shall not be altered or disturbed in a manner that
degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource
lands; impairs scenic vistas and the connectivity between the open space provided by the
clustered development and adjacent open spaces; degrades wildlife habitat; degrades or impairs
native vegetation and/or native soils that have been identifieds as supporting vegetated
stormwater low impact development techniques, or impairs the recreational benefits enjoyed by
the residents of the development.
f. Conveyance of Common Open Space. Such common open spaces shall be conveyed to
residents of the development, conveyed to a homeowners’ association for the benefit of the
residents of the development, or conveyed to the city with the city’s consent and approval.
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Chapter 18.50
LANDSCAPING AND SCREENING
Sections:
18.50.010 Intent.
18.50.020 Applicability.
18.50.030 Repealed.
18.50.040 Landscape development standards.
18.50.045 Preservation of significant trees.
18.50.050 Repealed.
18.50.060 Landscaping plan requirements.
18.50.070 Administration and enforcement.
18.50.080 Alternative landscaping plan.
18.50.010 Intent.
The intent of this chapter is to provide minimum landscaping and screening requirements in order to maintain
and protect property values, to enhance the city’s appearance, to visually unify the city and its neighborhoods,
to improve the character of certain areas of the city, to reduce erosion and storm water runof f, to interrupt
expanses of disconnect impervious surfaces, to reduce CO2 emissions, improve air quality, and to maintain or
replace existing vegetation and to prevent and abate public nuisances.
18.50.040 Landscape development standards.
A. General Location for Landscape Improvements. Landscaping shall be provided in the following locations for
all types of development, unless the city determines that the required landscape is not necessary to fulfill the
purposes of this chapter.
1. Perimeter Areas. All areas that abut a street or residential property shall be landscaped in
compliance with this chapter, except where occupied by a primary building, walk or driveway. Minimum
landscape areas are listed in Tables 18.50.040(A) and (B).
2. Unused Areas. All areas of a multifamily or nonresidential project site not intended for a specific use
(including areas planned for future phases of a phased development) shall be landscaped with existing
natural vegetation, native grasses or similar.
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3. Parking/Loading Areas. Parking lots, and where loading areas are visible from a public street, shall
be landscaped in compliance with this chapter.
4. Outdoor Storage Areas, Recreational Vehicle Parking, and Refuse Areas. All outdoor storage areas,
recreational vehicle parking, and refuse areas, when visible from adjoining properties or public streets,
shall be landscaped in compliance with this chapter.
5. Stormwater Low Impact Development (LID) Facilities. Areas of vegetation planted in stormwater
LID facilities (not permanently inundated or ponded areas) and for which there is a city-approved
maintenance plan as prescribed in the City’s Engineering Design Standards Manual shall count
towards the minimum landscape coverage areas outlined in subsection B below.
B. Landscape Area Requirements by Zones. Minimum landscape area requirements are listed below by zones
consistent with ACC 18.02.070.
Table 18.50.040(A) Minimum Landscape Requirements by Zoning District
Zones
Minimum
Landscape
Coverage1
Minimum Landscape Planter Width –
Perimeter Areas2
Abutting Street3
Abutting
Residential
Property
Residential Zones
RC, R-1, R-5, and R-7
Residential Zones4
N/A N/A N/A
R-10, R-16 and R-20 Zones5 20% 6 ft. 10 ft.
Nonresidential Zones
C-2 10% 0 ft. 6 ft.
C-1, C-N 10% 6 ft. 10 ft.
C-3, I, P-1 15% 6 ft. 10 ft.
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Table 18.50.040(A) Minimum Landscape Requirements by Zoning District
Zones
Minimum
Landscape
Coverage1
Minimum Landscape Planter Width –
Perimeter Areas2
Abutting Street3
Abutting
Residential
Property
EP 10% 10 ft. 10 ft.
BP 15% 10 ft. 10 ft.
M-1 10% 10 ft. 10 ft.
M-2 10% 10 ft. 25 ft.
Other
RO6/RO-H6 N/A N/A N/A
DUC7 N/A N/A N/A
Notes:
1. Minimum landscape coverage required is the minimum percentage of net lot area that must be maintained with
a vegetated pervious surface. Vegetated bioretention cells or water quality treatment swales (not permanently
inundated or ponded areas) may be included in the required landscape coverage percentage. Preference
shall first be given to retention of areas of existing native coniferous vegetation. For sites that do not have
existing native coniferous vegetation, landscape coverage can be achieved throug h planting of native species.
2. Listed planter widths shall be located entirely on private property.
3. The minimum landscape planter abutting a street may be reduced in size using the provision contained in ACC
18.50.080, Alternative landscaping plan. The reduced landscape planter shall have an average width of the
requirement contained in Table 18.50.040(A).
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4. Landscaping shall only be required in conjunction with an administrative or conditional use permit. The type
and amount of landscaping shall be determined at that time the administrative or conditional use permit is
approved.
5. Refer to ACC 18.31.200, Multifamily development and mixed-use development design standards and
procedures, for additional requirements.
6. Landscaping within the RO/RO-H zone is not required unless site development includes the demolition of
existing structure(s) together with new construction. Under this scenario the minimum l andscape requirements
of the C-1 zone shall be met.
7. Landscaping within the DUC zone shall be provided as defined in the Downtown Urban Center Design
Standards; see reference to ACC 18.29.070.
C. Landscape Design and Planting Requirements. Landscape design and construction for new development or
redevelopment shall be compatible with the surrounding urban and natural environment. Landscape plantings
shall comply with the plant type, size, and spacing provisions listed below.
1. Landscape Design. Landscaping shall be designed as an integral part of the overall site plan with the
purpose of enhancing building design, public views and spaces, supporting stormwater low impact
development facilities, and providing buffers, transitions, and screening.
a. All required planting areas shall be covered with a mixture of trees, shrubs, and groundcover plants.
Sodded lawn (not seed) may be substituted for some but not all of shrubs or groundcover plants. If
sodded lawn is used it cannot cover more than 20 percent of the site and those portions of the lawn
area must be served by an automatic irrigation system.
b. Planting design shall have focal points at project entries, plaza areas, and other areas of interest
using distinct planting and/or landscape features.
c. As appropriate, building and site design shall include the use of landscaping against buildings to
visually break up expanses of wall, soften appearance, and create visual interest through the use of
planting areas, wall planters, hanging gardens, and/or raised planters. Loose rock, gravel, decorative
rock or stone shall not exceed 20 percent of the planting area.
2. Plant Types. Landscape planting shall be compatible with the character and climate of the Pacific
Northwest and complement the architectural design of structures on the site.
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a. Native Landscaping. Landscaping materials installed shall include species native to the Puget
Sound lowland region of the Pacific Northwest or noninvasive species that have adapted to the
climactic conditions of the region in the following minimum amounts:
i. Fifty percent of trees.
ii. Fifty percent of groundcover and shrubs.
b. Trees. Trees planted within 10 feet of a public street, sidewalk, paved trail, or walkway shall be a
deep-rooted species and shall be separated from hardscapes by a root barrier to prevent physical
damage to public improvements.
3. Planting Size and Spacing. In order to balance both an immediate effect of a landscape installation and
to allow sustained growth of planting materials, minimum plant material sizes and plant spacing are as
follows:
a. Trees. Trees shall be a minimum of one and one-half inches in diameter breast height (dbh) at the
time of planting. Evergreen trees shall be a minimum of four to six feet in height at the time of planting
and may include either broadleaf or conifer. Tree spacing within the perimeter planters along streets
and abutting residential property shall be planted no further apart on center than the mature diameter
of the proposed species.
b. Shrubs. Shrubs shall be a minimum of 18 inches in height, or two-gallon size containers, at the time
of planting.
c. Groundcover. Groundcover means low evergreen or deciduous plantings and shall be planted from
either four-inch pot with 12-inch spacing or one-gallon pot with 18-inch spacing. Alternative spacing of
particular species may be approved by the city if documentation concerning the effectiveness of the
groundcover is submitted with the landscape plan.
d. Additional Spacing Provisions.
i. Tree size and spacing at installation shall be increased by the city where needed to ensure
visual access for vehicles and pedestrians and provide clear vision at street, access tracts and
driveway intersections (sight distance triangles).
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ii. Trees or shrubs with a full-grown height equal to or greater than 30 inches shall not be planted
in any sight distance triangle. Sight distance triangles are determined in conformance with the city
of Auburn engineering design standards, Chapter 10.
iii. A minimum distance of 15 feet is required from the mature diameter of trees and the center of
street light standards.
4. Landscaping Requirements for Parking Areas.
a. General Parking Lot Landscaping Standards.
i. All parking lot landscape areas shall be protected with vertical or extruded concrete curbs, or
equivalent barriers. Tire Bumper blocks shall not be used as a substitute for curbing and boundary
around the landscaped area unless they are integral to a stormwater LID facility design as
approved by the City Engineer or his/her designee.
ii. All parking lot landscaping must be located between parking stalls, at the end of rows of
parking, or between the end of rows of stalls and the property line.
iii. The maximum distance between any parking stall and required parking area landscaping shall
be no more than 50 feet.
iv. Shrubs, groundcover or lawn shall be planted to cover each parking lot planting area using the
planting size and spacing requirements specific in subsection (C)(3) of this section. All
groundcover shall have a mature height of not more than 24 inches.
v. Modifications to protect drainage features, easements, or utility facilities may be allowed.
Modifications that reduce landscape area or plant material shall be made up elsewhere on-site, if
possible.
vi. The requirements of this section shall not apply to parking garages or to display areas for
automotive and equipment sales and rentals that are specifically designed, approved and
constructed for the display purpose and that do not reduce required landscape areas.
b. Specific Parking Lot Landscaping Standards.
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Table 18.50.040(B) Specific Parking Lot Landscaping Standards
Landscaped Area
Required
Planting Area
Design
Requirements
Plantings Required
12 parking
stalls or less
No requirement
13 – 75
parking stalls
7% of surface parking stalls
(exclusive of circulation)
Minimum planter
width: 6 feet
Trees shall be provided at the rate of a
minimum of one per planter and/or one per
100 square feet of planter.
76 parking
stalls or more
10% of surface parking
stalls (exclusive of
circulation)
Minimum planter
width: 6 feet
Trees shall be provided at the rate of a
minimum of one per planter and/or one per
100 square feet of planter.
5. Landscaping for Outdoor Storage Areas, Recreational Vehicle Parking and Refuse Areas.
a. Outdoor storage areas and recreational vehicle parking areas must be screened from view from
adjacent streets and from all residentially zoned land by a minimum six-foot-wide landscape buffer.
This landscape buffer shall contain evergreen trees or tall shrubs, a minimum of six feet in height at
the time of planting, which will provide a 100 percent sight-obscuring screen within three years from
the time of planting is required; or a combination of evergreen trees or deciduous trees, planted 20 feet
on center with no more than 30 percent being deciduous and backed by a 100 percent sight-obscuring
fence. In addition to the trees, shrubs shall be planted at four-foot spacing, in all directions, and
groundcover provided.
b. Outdoor storage areas abutting the Interurban Trail (regardless of the zoning of the Interurban Trail)
and other future trails connecting to the Interurban Trail shall have a minimum 10-foot-wide landscape
buffer containing the planting materials specified in subsection (C)(5)(a) of this section.
c. Trash containers, dumpsters, trash compactors, and recycling bins associated with multiplex, multi -
unit residential, and nonresidential uses must be screened from public view on all sides with a solid
fence, wall, or gate constructed of cedar, redwood, masonry, or other similar building material
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reflecting the overall design of the site, and be appropriately landscaped (e.g., climbing vines,
arborvitae, etc.).
6. Irrigation. No portion of any landscaped area shall be located further away than 50 feet from a source of
water adequate to irrigate the landscaping. The source of water may be a manual (hose connection) or an
automatic irrigation system.
18.50.045 Preservation of significant trees.
A. Retention. In the required perimeter landscaping area, applicants shall retain all significant trees. A
significant tree means a healthy evergreen tree, six inches or more in diameter measured four feet above
grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade. Alders and
cottonwoods are excluded from this definition. If the grade level adjoining a tree to be retained is to be altered
to a degree that would endanger the viability of a tree or trees, then the applicant shall construct a dry rock wall
or rock well around the tree. The diameter of this wall or well must be capable of protecting the tree.
Areas devoted to driveways, curb cuts, and sight distance requirements, utilities and storm drainage facilities
may be exempted from this requirement. Significant trees may also be exempted from this requirement if it is
determined by the planning director based on satisfactory evidence pursuant to report prepared by a consulting
arborist certified by the International Society of Arboriculture. The report submitted to the city shall demonstrate
the significant tree is:
1. Damaged; or
2. Diseased; or
3. Has weak structural integrity that poses a safety hazard.
If additional significant trees are to be removed, the applicant shall seek approval of an “alternative landscape
plan” from the planning director under ACC 18.50.080.
B. Encroachment into Dripline. No construction activities shall take place within the dripline of a tree to be
retained without extra precautions as recommended by a certified arborist. The applicant may install impervious
or compactable surface within the area defined by the dripline when a qualified arborist determines that such
activities will not endanger the tree or trees. (See the definition of “dripline” in ACC 18.04.318.)
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C. Tree Protection. All significant trees that are to be retained must be protected during construction by
installation of a protective barricade or fence. This will require preliminary identification of the proposed area of
disturbance for staff inspection and approval, then installation of a protective barricade or fence before major
excavation with heavy equipment begins. (Ord. 6387 § 1, 2011.)
18.50.050 Regulations by zone.
Repealed by Ord. 6387. (Ord. 6287 § 2, 2010; Ord. 6269 § 20, 2009; Ord. 6231 § 4, 2009; Ord. 6036 § 3,
2006; Ord. 5863 § 5, 2004; Ord. 5342 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) – (39), 1988; Ord.
4229 § 2, 1987.)
18.50.060 Landscaping plan requirements.
A. Persons Qualified to Prepare Landscape Plan. A landscape plan signed by a licensed landscape architect is
not required. However, if the plan is determined by the city to be illegible or inadequate for review the
landscape plan shall be prepared by a landscape architect licensed in the state of Washington, a nursery
professional certified pursuant to the Washington certified nursery professional program, or a Washingto n State
certified landscape technician.
B. Application. A landscape plan shall be required and shall be accurately drawn using an appropriate
engineering scale and contain all information specified by the planning director in the application form and
accompanying checklist provided by the city.
18.50.070 Administration and enforcement.
A. Performance Assurance.
1. The required landscaping must be installed prior to the issuance of the certificate of occupancy unless
the planning director determines that a performance assurance device will adequately protect the interests
of the city;
2. The performance assurance device shall only be valid for a 120-day period and shall have a value of
100 percent of the estimated cost of the landscaping to be performed, inclusive of planting materials and
installation. If the landscaping has not been installed after the 120 days then the assurance device may be
used by the city to perform any necessary work to implement the landscape plan. This time period can be
extended if the city determines that:
a. Installation of the landscaping would not be successful due to weather; or
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b. Product is not available due to the time of year;
3. The performance assurance device shall be accompanied by an agreement granting the city and its
agents the right to enter the property and perform work. The agreement shall also hold the city harmless
from all claims and expenses, including attorney’s fees;
4. Upon completion of the required landscaping by the property owner the city shall release the
performance assurance device.
B. Initial Maintenance Period and Maintenance Assurance Device. After installation of the required
landscaping, the property owner shall complete an initial maintenance period lasting one year. The property
owner shall comply with the provisions below:
1. The property owner shall be responsible for replacing any unhealthy or dead plants for a period of one
year after the initial planting.
2. The planning director shall require a maintenance assurance device, unless converting a single-family
residence to a nonresidential use within the RO district, for a period of one year from the completion of
planting in order to ensure compliance with the requirements of this section. The value of the maintenance
assurance device shall equal at least 100 percent of the total landscape materials plus installation.
3. If the landscaping is not being properly maintained, the property owner shall be so notified by the city. If
after 30 days from the city’s notification the landscaping is still not being maintained then the maintenance
device may be used by the city to perform any type of maintenance necessary to ensure compliance with
this chapter.
4. The maintenance assurance device shall be accompanied by an agreement granting the city and its
agents the right to enter the property and perform any necessary work. The agreement shall also hold the
city harmless from all claims and expenses, including attorney’s fees.
5. Upon completion of the one-year maintenance period, and if maintenance has not been performed by
the city, the city shall release the maintenance assurance device.
C. Maintenance of Landscape Area (On-Going). Landscaping, including trees, shrubs, groundcover, or grass,
planted as a requirement pursuant to this title or ACC Title 16 or 17 shall be maintained in a healthy, living
condition. All landscaping which, due to accident, damage, disease, lack of maintenance, or other cause, fails
to show a healthy appearance and growth shall be replaced. Replacement plants shall conform to all standards
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that govern the original planting installation, approved landscaping plan, or as approved by the planning
director. If the landscaping is not replaced the property owner or designee shall be subject to the enforcement
provisions contained in subsection D of this section.
1. Tree and Shrub Pruning. A permit is not required to prune trees and shrubs on private property. Pruning
which results in the removal of at least half of the live crown will be considered tree removal and subject to
the provisions in subsection D of this section. Tree pruning should be performed by a landscape contractor,
one that is certified by the International Society of Arboriculture as a certified tree trimmer or certified
arborist or other qualified tree expert.
2. Limitations on Allowable Pruning. Tree and shrub pruning shall be allowed only for the following
purposes:
a. Removal of dead wood and diseased, crowded, and weakly attached trunks and branches that
create a hazard to private property and citizens;
b. Providing adequate clearance and visibility for safe use of parking stalls, travel ways and walkways
for the passage of persons and vehicles;
c. Eliminating traffic sign visibility obstructions;
d. Providing adequate visibility for security patrols;
e. Repairing split trees and limbs in order to save a tree and its appearance;
f. Removing or severing tree roots that are causing damage to public or private property, including
curbs, gutters, sidewalk, drainage lines and parking lot surfaces; or
g. Providing visibility for merchant signs and increasing parking lot lighting only when the aesthetics of
the tree or shrub will not be reduced.
3. Tree Topping. Tree topping is prohibited, except under the following circumstances:
a. Branches interfering with utility lines;
b. Significant canopy dieback has occurred;
c. Storm damage or prior incorrect pruning requires correction.
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D. Enforcement. Violation of these provisions shall be processed in accordance with the procedures defined
under Chapter 1.25 ACC. The property owner or designee responsible for correcting the violation shall provide
a corrective action plan that defines how and when the infraction will be corrected within the time provisions
defined by Chapter 1.25 ACC.
1. The corrective action plan shall be subject to the following replacement ratios:
a. For plants that have died, replacement vegetation shall be at least 150 percent of the planting size
required of the subject plant material at the time of planting. The plants shall be of the same or similar
species to those plants being replaced, unless alternate species are approved by the planning director.
b. For trees or shrubs that have been excessively pruned, replacement vegetation shall be at least 200
percent of the size of the tree or shrub that was required by city regulations at the time of planting. The
trees or shrubs shall be of the same or similar species of the plants being replaced, unless alternate
species are approved by the planning director.
2. The property owner or designee shall correct the infraction or provide a schedule that defines how and
when the infraction will be corrected within the time provisions defined by Chapter 1.25 ACC.
18.50.080 Alternative landscaping plan.
The planning director may authorize modification of the landscape requirements when alternative plans comply
with the intent of this chapter and:
A. The proposed landscaping provides for creative landscape design; or
B. Incorporates the increased retention of significant trees and naturally occurring undergrowth; or
C. Incorporates historic or architectural features such as fountains, sculptures, structures and the like.
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Memorandum
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Thaniel Gouk, Senior Planner
DATE: August 9, 2016
RE: Proposed Ordinance No. 6600 – Revisions Pertaining to Setbacks for Chicken
Coops, Runs, Etc.
___________________________________________________________________________________
Background / Summary:
At the July 19, 2016 meeting the Planning Commission was provided with a summary of the City
Council’s remand action regarding the proposed amendments to Title 18 ‘Zoning’ relating to the
keeping of domestic animals. In the remand, the City Council specifically asked for the Planning
Commission to look again at the proposed setback regulations for structures and areas housing
domestic fowl (chicken coops, pens, runs, etc.). For further background, please reference the
Staff Memo and meeting minutes from the July 19, 2016 Planning Commission meeting.
Planning Commission Options:
Staff has proposed the following four options for the Planning Commission to consider in their
recommendation back to the City Council pertaining to modifications of the proposed Ordinance
regarding setback regulations for structures and areas housing domestic fowl :
1. Leave the recommendation as is, requiring structures and areas for domestic fowl to
meet the setbacks that are applicable to detached structures (e.g. sheds) in the relevant
zoning district (e.g. 5 feet in the rear/side on a 6,000 sq. ft., R-7 zoned property, which
much of the single-family homes in the valley are zoned).
2. Modify the recommendation to require a rear and side setback of at least 10 feet (and
not allowed in the front yard (The area between the front setback and the extension of
the front facade of the principal structure)), consistent with many other local jurisdictions.
3a. Modify the recommendation to only allow these structures and areas in the rear yard
(The area between the rear yard setback and the extension of rear façade of the
principal structure) and meeting the existing setbacks for detached structures.
3b. Modify the recommendation to only allow these structures and areas in the rear yard
(The area between the rear yard setback and the extension of rear façade of the
principal structure) and require a setback of at least 10 feet.
See the following images for a representation of what these options could look like.
Option 1
Option 2
Option 3a
Option 3b
REAR
AREA THAT WOULD ALLOW
STRUCTURE OR AREA FOR
DOMESITIC FOWL
HOUSE
DRIVEWAY
5 FT. 5 FT. 10 FT. 10 FT. 10 FT. 10 FT.
5 FT. 5 FT. * Assuming a 6,000 sq.-ft. lot (60’ x 100’ with a 1,050 sq.-ft. single-family house (35’ x 30’)