Loading...
HomeMy WebLinkAboutO-1232 - Repeals and replaces Ch. 14.16, public storm drainage system code (Repealed by 2245)Z t30D F--PIA-'b, 3,A-1AJ c. p,IV,or-. st,SLlpt,(~/,otf,-c..eY CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.IJ.'J~ AN ORDINANCE OF THE CITY OF MARYSVILLE ESTABLISHING REQUIREMENTS,CRITERIA,PROCEDURES AND INSPECTION FEES RELATING TO THE CONSTRUCTION OF PUBLIC STORM DRAINAGE SEWERS AND FACILITIES,REQUIRING THE CONNECTION OF PRIVATE PROPERTIES THERETO UNDER CERTAIN CIRCUMSTANCES, AND REPEALING CHAPTER 14.16 OF THE MARYSVILLE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAIN AS FOLLOWS; Chapter 14.16 of the Marysville Municipal Code,and all sections thereof,are hereby REPEALED,the same being superseded by the new chapter enacted by this ordinance. CHAPTER 14.16 PUBLIC STORM DRAINAGE SYSTEM CODE. 14.16.010 PURPOSES.A public storm drainage system is a necessary utility in the City of Marysville for the purpose of preserving the City's water courses,minimizing water quality degradation,controlling sedimentation of creeks and other water bodies,protecting properties located adjacent to developing land from increased runoff rates and erosion,protecting downstream properties,preserving and enhancing the suitability of waters for recreation and fishing,preserving and enhancing the aesthetic quality of waterways,minimizing adverse effects of alterations in groundwater qualities,locations and flow patterns,insuring the safety of City roads and rights-of-ways,and decreasing drainage-related damage to public and private property. 14.16.020 OWNERSHIP AND MAINTENANCE OF PUBLIC FACILITIES. All storm drainage lines,facilities and appurtenances located on public right-of-way or other property owned by the City shall belong to the City and shall be maintained,repaired and replaced to the extent the City determines to be in the public interest, and at the City's cost.All privately constructed extensions of the public storm drainage lines and facilites shall be conveyed to the City by bill of sale and shall be accompa~ied by a warranty of the Grantor that said lines and facilities are free of debt and were constructed in accordance with City standards and specifications.The Grantor shall further warrant the labor and materials used in the construction of said lines and facilities for a period of one year from the date of "conveyance to the City, 1 ,, and shall indemnify and hold the City harmless from any damages arising from defective materials or workmanship.If a public storm drainage line or facility is located on private property, the Grantor shall convey to the City a 10-foot wide easement for reconstructing,repairing,maintaining,altering,changing, controlling and operating said line or facility. 14.16.030 CONSTRUCTION STANDARDS AND SPECIFICATIONS.The City Engineer shall prepare,administer and enforce detailed construction standards and specifications for all storm drainage lines and facilities which are to be connected to the public storm drainage system and which are to be pUblicly owned and maintained. The City shall not accept ownership or maintenance responsibility for any lines or facilities which are constructed in violation of said standards and specifications. 14.16.040 CONNECTIONS REQUIRED. (a)The owner of any property which is not connected to the public storm drainage system shall be required to extend any storm drainage line which is within 200 feet of the property,and to connect to and use the same for all developed portions of the property,under any of the following circumstances: (1)As a condition of final approval of a subdivision. (2)As a condition of final approval of a short SUbdivision. (3)As a condition of final approval of a binding site plan for any mobile horne park,condominium, planned unit development,industrial park or shopping center. (4)As a condition of any building,grading, paving or other development approval,including rezones, which will have a significant adverse impact upon storm drainage;as determined by the City Engineer. (b)The City Engineer may waive the requirement of subsection (a)above on the following grounds: (1)If the City Engineer finds that the capacity or condition of the existing public storm drainage system is insufficient or inadequate to serve the subject property;or (2)If the City Engineer finds that it would 2 .."~. .~ '': cause a practical difficulty to require the connection of the subject property to the public storm drainage system by reason of circumstances which are unique to said property and not generally shared by other properties in the vicinity. No such waiver shall be granted which would be detrimental to the public health,safety,welfare or environment,or which would be inconsistent with the long-range plans for the public storm drainage system.In all cases where a waiver is granted,the property owner shall be required to strictly comply with storm water retention/detention requirements of Chapter 14.15. The decision of the City Engineer regarding such waivers shall be final,subject to appeal to the City Council.Provided, that in cases where a property owner has applied for development approval which is to be ruled upon by the City Council itself, waivers referred to herein shall be determined by the City Council after taking into consideration the recommendation of the City Engineer. 14.16.050 EXTENSIONS FOR FULL LOT FRONTAGE.Whenever a property owner desires to connect to the pUblic storm drainage system,said property owner shall be required to extend the storm drainage lines for the full frontage of the lot which is being connected.If it can be shown that no future extensions beyond said lot will occur,a waiver may be obtained from the City Engineer,and the owner need only extend the line to the nearest point of connection on the lot. 14.16.060 APPLICATION FOR CONNECTION,APPLICATION FEE AND ISSUANCE OF PERMIT.The owner of any property desiring to connect to the public storm drainage system shall apply for the connection on such forms as may be prepared and made available by the City Public Works Department.Said application shall include,at a minimum,a drawing showing the complete on-site drainage system which will be connected to the pUblic storm drain.An application fee of $50.00 shall be paid to the City Clerk.Upon approval of the application by the City Engineer,a connection permit shall be issued which shall be valid for a period of six months thereafter. 14.16.070 INSPECTIONS--FEES.All connections to the public storm drainage system shall be inspected by the City Engineer.In the event that a storm drainage line is to be deeded to the City,the party constructing the same shall pay the City an inspection fee of $.25 per lineal foot.No line or facility shall be accepted by the City until all inspection fees have been paid and until the City Engineer certifies that the same have been 3 .,'' '1 . '.t •~~ constructed in accordance with City specifications. 14.16.080 LIMITATIONS ON STORM WATER DISCHARGE RATES. The City Engineer shall have authority to impose limitations on storm water discharge quantities and rates for any property connecting to the public storm drainage system.Said limitation shall be designed to maintain consistency with the available capacity of the storm drainage system and to protect the environmental integrity of the receiving water body.The City Engineer may require that said limitations be implemented by the construction of retention/detention facilities on the property. 14.16.090 LIMITATIONS ON STORM WATER QUALITY.No substance other than natural storm water drainage shall be discharged into the pUblic storm drainage system.All water so discharged shall meet the water quality criteria and waste discharge limitations imposed by the City Engineer and/or the Washington State Department of Ecology.The City Engineer shall have authority to require a property owner to construct oil separation devices,catch basins,erosion and siltation control systems,and retention/detention facilities to avoid violations of said water quality criteria and waste discharge limitations.Any such facilities or systems shall be constructed and continuously maintained in conformity with the standards specified by the City Engineer,and shall be subject to his approval. 14.16.100 UNLAWFUL CONTAMINATION OF STORM WATER--PENALTY. No person or business entity shall willfully or negligently discharge,or cause or allow to be discharged,any substance or pollutant into the public storm drainage system in violation of the water quality criteria and waste discharge limitations specified by the City Engineer and/or the Washington State Department of Ecology.Any such discharge shall constitute a misdemeanor and shall be punishable by imprisonment for a term not to exceed six months,or by a fine not to exceed $500.00,or both such fine and imprisonment. 14.16.110 UNAUTHORIZED CONNECTIONS. (a)It is unlawful for any person to make a connection to the pUblic storm drainage system in violation of the provisions of this chapter.A willful violation shall constitute a misdemeanor, and shall be punishable by a fine not to exceed $500.00.Each day that a violation continues shall constitute a separate offense. (b)Any person who shall make or cause to be made an unauthorized connection to the public storm drainage system shall be required to immediately bring said connection into conformity with all provisions of this chapter,and the application fee shall 4 ,./'f - ..".~...'".-...:...'.'" • j be doubled as a penalty assessment. 14.16.120 OVERSIZING REIMBURSEMENT.In all cases the City Engineer shall determine the size and depth of extensions of pUblic storm drainage lines,whether they be on public or private property.Said determination shall be consistent with the City's long-range plans for a regional storm drainage system.If a property owner/developer is required to install a storm drainage line with a diameter in excess of fifteen inches,and if the purpose for such oversizing is to provide for future extension of said storm drainage line to adjacent properties and not merely to meet the needs of the property responsible for constructing said line,the City shall reimburse said property owner/developer for the difference in material costs incurred solely by reason of the oversizing requirement.No such reimbursement shall be made except upon the following:complete installation of the storm drainage line and approval of the same by the City Engineer;a submittal of a bill of sale and a warranty for the storm drainage line to the City;certification of the oversizing costs,with such verification from the material supplier and contractor as the City Engineer may require;approval of the oversizing costs by the City Engineer;and approval of the reimbursement by the City Council. 14.16.130 RECOVERY CONTRACTS.If within sixty days of the date of conveyance by bill of sale of a newly constructed storm drainage line to the City,the owner/developer presents a Recovery Contract acceptable to the City,the City pledges to collect during a period of time consisting of fifteen years,the prorated frontage cost (less any oversizing reimbursement)of this newly constructed storm drainage line from any property owner who did not contribute to the original cost of installation and who subsequently connects to said storm drainage line.This period of time shall commence to run from the date the contract is recorded in the County Auditor's Office.All such collections shall be paid to the original owner/developer of the storm drainage line, his personal representative or assigns,within thirty days after receipt by the City,less an administrative charge of $50.00 for each collection.At the termination of the IS-year recovery period,charges at the same rate shall be collected by the City from all property owners connecting to the storm drainage line, but said charges shall thereafter be collected for the use and benefit of the City. 14.16.140 DAMAGE TO STORM DRAINAGE LINES OR FACILITIES~~PENALTIES~-No-person-orbusiness-entity-shall willfully or by abuse or neglect cause any damage to lines or facilities of the public storm drainage system.Such acts or omissions shall constitute a misdemeanor and shall be punishable by imprisonment for a term not to exceed six months,or by a fine 5 ~. "......,"~,,·t,· '.oJ,,.'. not to exceed $500.00,or by both such fine and imprisonment. Further,if the City repairs or replaces said damaged property, the actual cost to the City for such repair or replacement,plus ten percent,shall be assessed against the responsible party and shall be due and payable within ten days of the date of written notice of the same.Delinquent bills may be collected by a civil action in the Marysville Municipal Court.If the City obtains judgment,it shall also be entitled to reimbursement for Court costs and reasonable attorney's fees expended in said litigation. I)oM PASSED by the~day of Apl(lL City counCU;iland APP~~~he Mayor ,1982.~/{1~ this ATTEST: ~~i;;: APPROVED AS TO FORM: oJ...~a&-~./~ATTORNEY ~ 6 ~~~~.... :I for the State of Washington, 19 at Marysville. AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, 55. _____~H1_J___F;..__l:Y999.w.9X.t.1L •being first duly sworn on oath deposes and says that he is the-_-se~-l"etay];_,._ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copY'of a Notice of City of Marysville _______Qrdinaru::..e._fNo .._.l2.12.L as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of C:~:__con- secutive weeks,commencing on the __.5.th.__day of -M8¥----, 1982__,and ending on the _5.tb day ofM.ay ,19.a.2__, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- 37.45 cation is the sum of $•which amount has been paid in full /\r--.f\_\_A •_ .~__.__In_~ NOTICE OF CITY OF MARYSVILLE ORDINANCE ~~ On the 26th day of April.1982the City Council of the City of Marysville passed Ordlnen-.b y-e,...- ce No. 1232.entitled:re me this ..,AN ORDINANCE OF THE CITY OF MARYSVILLE ESTABLISHING ..as.....------ REQUIREMENTS,CRITERIA,PROCEDURES AND INSPECTION FEES RELATING TO THE CONSTRUCTION OF PUBLIC STORM DRAINAGE SEWERS AND FACILITIES,REQUIRING THE CONNECTION OF PRIVATE PROPERTIES THERETO UNDER CERTAIN CIRCUMSTANCES,AND REPEALING CHAPTER 14.160F THE MARYSVILLE MUNICIPAL CODE. Said ordinance consisted of the following sections: Chapter 14.16 Public Storm Drainange System Code 14.16.010 Purposes 14.16.020 Ownership and Maintenance of Public Facilities 14.16.030 Construction Standards and Specifications 14.16.040 Connections Required 14.16.050 .Extensions for Full Lot Frontage 14.16.060 Application for Connection,Appication Fee and Issuance of Permit 14.16.070 Inspections"Fees 14.16.080 Limitationson Storm Water Discharge Rates 14.16.090 Limitations on Storm Water Quality 14.16.100 Unlawful Contamination of Storm Water··Penalty 14.16.110 Unauthorized Connections 14.16.120 Oversizing Reimbursement 14.16.130 Recovery Contracts 14.16.140 Damage to Storm Drainage Lines or Facilities"Penalties The full text of said ordinance will be mailed.,without charge,to any person who requests the same from the City Clerk.I Published:May 5,1982 AFFIDAVIT OF PUBLICATION' No._ STATE OF WASHINGTON, County of Snohomish, ss. on oath deposes and says that he is the.,--sec.ret-ayx:-.------ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a Notice of City of Marysville _______Qt:di~e._(No ..._.J.2.32.L as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of o_r::__con- secutive weeks,commencing on the __.51::h __day of -Ma¥----, Antique cars.needed for festival parade TheStrawberry Festival organize~ looking forantique,classicor custom vertible automobiles to trans dignataries and royalty during the G, Parade onSaturday, June 19.,\ Automobiles needtobe in excellent I dition.Anyone wishing toloantheirea theparade shouldcontact Chuck Kas .653-9331. 1982__,and ending on the _.ltb day ofM,ay',19132__, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- 37.45 cation is the sum of $•which amount has been paid in full .J n _____~E_~~ Subscribed and sworn to before me this ---~b~--Ontl ceNo. AN REQU TO T FACIL THER 14.16 C Said CI 14 14 14 14 1._~__1IIII • ;~WORSHIP\ day of _.J>oo-~~-.--=--~~~~w~ lie in and tor the State of Washington, Residing at Marysville. 1 l' l' 1~~I Th~requ·. Pu ~ Ii PASTOR:R~...GRACE BAP! SUNDAY SC I MORNING . SUNDAY SC ; SUNDAY EV.