HomeMy WebLinkAboutO-1581 - Adds Ch. 14.18, storm water drainage assessments in certain designated drainage basins (Repealed by 2245)'.
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO./5"8/
AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING A NEW
CHAPTER 14.18 OF THE MARYSVILLE MUNICIPAL CODE RELATING
TO STORMWATER DRAINAGE ASSESSMENTS IN CERTAIN DESIG-
NATED BASINS.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
A new Chapter of the Marysville Municipal Code is hereby
enacted to provide as follows:
CHAPTER 14.18
Stormwater Drainage Assessments
in Certain Designated Drainage Basins
14.18.010 Purpose.In areas of the City which are largely
undeveloped,but where future growth is anticipated,it is
possible to do advance planning for regional stormwater drainage
facilities on a basin-wide basis.In such cases the preferred
location of such regional facilities may be predetermined,and
the cost of constructing the same may be equitably assessed
against private property owners within the affected drainage
basin at the time new development projects are proposed.The
concept of financing public works projects with mitigation
assessments paid by developers who are causing the need for such
projects is consistent with the State Environmental Policy Act
(Chapter 43.21C of the Revised Code of Washington,and Chapter
18.20 of the Marysville Municipal Code),and RCW 82.02.020.
14.18.020 Drainage Basins Defined.Drainage basins to
which this Chapter shall apply may be located in whole,or in
part,within the Marysville City limits.They shall be iden-
tified and defined by the City Engineer,and adopted by reference
by resolution of the City Council.
14.18.030 Drainage Basin Facilities Plans.The City
Engineer,in conjunction with engineers of adjoining jurisdic-
tions which may share drainage basins with the City of Marys-
ville,shall develop a stormwater drainage facilities plan for
each identified drainage basin and any sub-basins located
therein.Said plans shall predetermine the location and size of
any proposed retention/detention ponds of regional significance,
ORDINANCE - 1
and the location and size of all drainage pipes and channels of
regional significance.The acquisition and construction cost of
such facilities shall be estimated,and shall be apportioned by
an assessment formula against all undeveloped property in the
drainage basin which may be expected to contribute stormwater to
the regional system at the time such property is developed.The
assessment formula shall be based upon an average impact
analysis,but shall be subject to change on a case-by-case basis
if an exceptional impact,or lack of an impact,is proven with
respect to a particular project.The facilities plan for each
basin shall be adopted,by reference,by resolution of the City
Council.The assessment formula for each basin,and sub-basin,
shall be adopted by ordinance of the City Council and incor-
porated into this Chapter.
14.18.040 Inflation Factor.If certain regional drainage
facilities are not constructed for a period of several years
after the plan for the same is prepared and adopted,it is
possible that the cost estimates of the City Engineer,and the
assessment formula based thereon,will require adjustment to
reflect the inflation factor.If this is the case,the assess-
ment formula may be amended by ordinance of the City Council;
provided,that no such amendment shall retroactively apply to any
property which has already paid its assessments to the City.
14.18.050 Assessments on Properties Outside of City Limits.
Because the City has no jurisdiction to levy its assessments
against properties which are located within a portion of a
drainage basin which is outside of the City limits,the City
shall attempt to enter into interlocal agreements with Snohomish
County which require the County to pay the City an amount
equivalent to the assessments for such properties.Such inter-
local agreements shall be reciprocal,and in cases where the
regional drainage facilities are located in a portion of a basin
which is outside of the City limits,the City will agree to pay
the County an amount equivalent to the assessments which it has
collected from property owners within the City's portion of the
basin.
14.18.060 Construction of Regional Drainage Facilities.
Regional drainage facilities identified in an adopted plan shall
be constructed as follows:
a.If such facilities are needed before the property on
which they are to be located is ready for a private
development project,the City shall purchase or
otherwise acquire the necessary land,or easements,for
the construction of said facilities.If the facilities
are to be located on property which is then being
proposed for a development project,dedication of the
necessary land,or easements,shall be a required
condition of the development project.The reasonable
ORDINANCE - 2
'-'.
cost of acquisition and/or dedication of land and
easements for regional drainage facilities shall be
reimbursed as provided below.
b.Construction of regional drainage facilities shall be
scheduled by the City Engineer to meet the needs of the
sub-basin in question.Ordinarily such construction
will be performed by the developer of the property on
which the facilities are to be located as a condition
of a development project.If,however,facilities are
needed in a sub-basin before the property on which they
are to be located is proposed for a development
project,the City Engineer may require developers of
other properties within the sub-basin to construct the
facilities as a condition of their projects.In the
discretion of the City Engineer,regional drainage
facilities may be constructed,or upgraded,in stages
by a series of parties as the sub-basin develops.Any
party constructing such a facility shall be reimbursed
for the reasonable costs thereof as provided below.
c.Construction of regional drainage facilities shall be
subject to all provisions of Chapters 14.15 and 14.16
of the Marysville Municipal Code,except that provi-
sions for reimbursement of the reasonable costs thereof
shall be superseded by this Chapter.
14.18.070 Reimbursement Rights.A party who constructs
regional drainage facilities required by an adopted stormwater
drainage plan shall be entitled to reimbursement of the reason-
able costs thereof,including the reasonable value of any land on
which a retention/detention pond is located,on the following
terms and conditions:
a.The facilities must have been installed and completed
in compliance with requirements of Chapter 14.15 and/or
14.16 of the Marysville Municipal Code,and conveyed to
the City of Marysville.
b.The party shall certify,in writing,all acquisition,
engineering and construction costs incurred and
actually paid by him,and shall supply such verifica-
tion as may be required by the City Engineer.
c.Reimbursement shall be allowed for the cost of oversiz-
ing regional drainage lines over eighteen inches (18")
in diameter,and the cost of making comparably sized
open channel improvements.Such reimbursement shall
apply only to material costs,not labor,and shall have
a maximum limit of $15 per foot.The City Engineer may
deny oversizing reimbursement in cases where the size
of the lines,or channel improvements,is required by
ORDINANCE - 3
on-site development conditions,and not by regional
considerations.
d.The final reimbursement amount,as determined by the
City Engineer,shall be paid by the City to the party
constructing the drainage facilities,or his assigns.
Funds used for such payments shall be assessments
collected by the City from property owners within the
subject sub-basin during the period of 5 years prior to
the date on which the facilities were accepted by the
City,and during the period of 15 years thereafter.
The City shall deduct an administrative charge of $50
each time a reimbursement check is issued.Under no
circumstances shall the City be liable for reimburse-
ments in amounts greater than the total assessments
which it has collected from the subject sub-basin.If
any assessments are collected by the City more than 15
years after the drainage facilities are constructed,or
if any assessments have not been disbursed within said
period of time,the same shall be kept by the City and
deposited in the City's Growth Management Fund.
e.The total reimbursement amount payable to any party
shall be reduced by any and all drainage assessments
levied against property owned by said party in the
subject sub-basin.
f.If the City has acquired land and/or constructed
drainage facilities at its own cost,it shall be
entitled to reimbursement from the assessments col-
lected from the subject sub-basin,as if it were a
private developer,and said assessments shall be
deposited in the City's Growth Management Fund.
g.In the event that more than one party has constructed
regional drainage facilities in a single sub-basin,and
each of said parties has been certified by the City
Engineer as being entitled to reimbursement from
assessments collected by the City from property owners
within that sub-basin,reimbursements shall be paid on
the basis of chronological priority.The first
drainage facilities which were approved by the City
shall be reimbursed in full before any payments are
made for subsequent facilities constructed in the same
sub-basin.
14.18.080 Payment of Drainage Assessments.Drainage basin
assessments in the amount specified in this Chapter shall be paid
by a property owner upon the first of the following events to
occur:
a.As a condition of final approval of a subdivision.
ORDINANCE - 4
b.As a condition of final approval of a short sub-
division.
c.As a condition of final approval of a binding site plan
for any mobile home park,condominium,planned unit
development,industrial park or shopping center.
d.As a condition of any building,grading,paving or
other development approval Whtc.k i ""p...e-rs d _in.A:]e "''''"c F +:.
If,after paying an assessment,a parcel of property is
rezoned,replatted or otherwise more intensively developed,the
assessment shall be recalculated,giving the owner credit for
assessments previously paid.
14.18.090 Appeals.Any party
City employee in the administration
said decision to the City council.
Council shall be final.
aggrieved by a decision of a
of this Chapter may appeal
The decision of the City
14.18.200 Allen Creek Drainage Basin.By Resolution 1100
adopted by the City Council on July 11,1983,a stormwater
drainage plan for the Allen Creek Drainage Basin was approved.
Said plan contains sub-basins A-J.By Resolution 1159 adopted by
the City Council on March 11,1985 an inter local agreement with
Snohomish County was approved relating to cost sharing for those
sub-basins which are partly in the City and partly in the County.
The following assessments are hereby adopted for all properties
within the City limits which are included in the Allen Creek
Drainage Basin,and any of its sub-basins:
Single family residential property ••.$425.00 per single
family house or duplex.
Agricultural property,parks and open space .••$O,but
$425.00 will be assessed for the total of all normal
accessory buildings on the property,if any.
Multiple residential propertY ..•$2,835.00 per acre,but not
less than $425.00.
Business,commercial and industrial property •.•$3,035.00 per
acre,but not less than $425.00.
~~PASSED b.¥the City Council and APPROVED by the Mayor this
~day of l-ip'-"fJ"'--7E------,1987.
MAYOR
ORDINANCE - 5
""
Attest:
BY~~jCITY CLERK
Approved as to Form:
Effective Date (5 days after publication):
Date of Publication:
C;~~RNEY
I d-Iq 181
ORDINANCE - 6