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HomeMy WebLinkAboutO-1816 - Adds Ch. 14.19, surface water utility (Repealed by 2245).t, CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO •...1 ~l 4> AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING A NEW CHAPTER 14.19 OF THE MARYSVILLE MUNICIPAL CODE ESTAB- LISHING A SURFACE WATER UTILITY AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY FOR THE MANAGEMENT OF THE SAME. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: A new Chapter 14.19 of the Marysville Municipal Code is hereby enacted to provide as follows: SURFACE WATER UTILITY 14.19.010 Establishment of Surface Water utility. There is established a Surface Water utility with jurisdic- tion over all property within the Marysville city limits which is included within the Quilceda Creek and/or Allen Creek watersheds,as defined by Snohomish County.The function of this utility is to finance,acquire,construct, develop,improve,maintain,and operate public storm water control facilities for the purpose of preventing and solving drainage problems and improving the quality of surface water.Provided,that any area included within the boun- daries of Diking District #3 shall be excluded from the jurisdiction of this utility so as to avoid the overlapping of jurisdictions which are operating for the same purposes. 14.19.020 Interlocal Agreement with Snohomish County. Pursuant to RCW 36.89.050 the City has entered into an Interlocal Agreement with Snohomish County for inclusion of the Marysville city limits (excluding Diking District #3) within the County's Quilceda creek/Allen Creek Watershed Management Area (WMA).Said Interlocal Agreement authorizes the County to levy and collect surface water utility service charges against all properties within said WMA pursuant to Title 25 of the Snohomish county Code.Service charges collected by the County from properties within the city shall be disbursed to the city for use on surface water management activities. 14.19.030 Adoption of Snohomish County Code Title 25 by Reference.The City hereby adopts Title 25 of the Snohomish County Code ("Storm and Surface Water Manage- ment"),and any amendments to the same,by reference. Provided,that said Code is hereby amended,as it applies to the City,in the following respects: ORDINANCE - 1 ·( SCC 25.05.060 is amended to grant the City,its appointed and elected officials and employees,the same immunity from liability as is granted to the County. SCC 25.10.140 is amended to state that the portion of the Watershed Management Plan relating to properties within the City of Marysville shall be jointly adopted by the City council and the county Council. SCC 25.20.050(1l(bl and (cl are amended to make reference to standards in Chapter 14.15 of the Marys- ville Municipal Code instead of those in Title 24 of the Snohomish county Code. 14.19.040 Surface water utility Fund.All service charges collected by the County and disbursed to the city shall be deposited by the City in its Surface Water utility Fund,as established in Chapter 3.20 of the Marysville Municipal Code.. PASSED by the city Council and APPROVED by the Mayor this I ~-Kday of Jrt-9.ce......-r:......,1990., CITY Attest: BY~=TYCLERK Approved as to form: Bf:;}i.=~~Clrf/ATiOIJE-6l- ORDINANCE - 2 OF MARYSVILLE /J;;f#lt3.... Chapters: 24.04 .24.08 24.10 24.12 24.16 24.20 24.24 24.28 24.32 Title 24 DRAINAGE General Provisions Definitions Drainage Procedures Manual Procedure Drainage Submittals Drainage Improvements critical Areas Operation and Maintenance Enforcement Chapter 24.04 GENERAL PROVISIONS sections:I 24.04.040 Legislative findings 24.04.080 Declaration of purpose 24.04.120 Applicability 24.04.160 Effective date 24.04.040 Legislative findings.The board finds: (1)That an expanding population and increased development of land,coupled with inadequate drainage controls,has led to .drainage and runoff problems; (2)That these drainage and r~noff problems contribute to increased sedimentation in ponds,creeks,and streams,~~ereby d~grading water quality and adversely affecting the cour.~y's valuable fisheries resources and depriving the citizens of the cc~nty of full enjoyment,recreational and aesthetic,of streams; (3)That these drainage and runoff problems also cc~tribute to water quality degradation through excessive discharge of nutrients, metals,oil and grease,toxic materials,and other detri~ental substances; (4)That inadequate surface and subsurface drainage planning and practices lead to erosion and property damage,and risk ~o life; (5)That excess water runoff on streets and highways poses a safety hazard to both lfves and property;and (6)That future problems could be avoided if develcpers,both private and pUblic,provide for adequate drainage of their property. (Part of Ord.adopted January 12,1979). 24.04.080 Declaration of purpose.It is the purpcse of this title to promote sound practical and economical develop~ent policies and construction procedures which respect and dsplpreserJe the county's watercourses;to .minimize water quality degrada~ion and control the sedimentation of creeks,streams,rivers,pC:1ds,lakes and other water bodies;to protect the public from stormwatec runoff originating on developing land;to preserve the suitability of waters 24.04 Page 1 Chapter 24.08 DEFINITIONS Sections: 24.08.010 Applicant 24.013.015 Board 24.08.020 Comprehensive drainage plan 24.08.030 computations 24.08.040 critical area 24.08.060 pesign storm 24.08.070 Detention facilities 24.08.080 Development coverage 24.08.090 Director 24.08.110 Drainage plan 24.08.120 Drainage treatment/abatement facilities 24.08.130 Large lot subdivision 24.08.140 Natural location of drainage systems 24.08.150 Peak discharge 24.08.160 Procedures manual 24.08.170 Receiving bodies of water 24.08.180 Retention facilities 24.08.190 SUbject property 24.08.200 Watershed 24.08.010 Applicant."Applicant"means the person,corporation, or other private or governmental entity applying for or granted a land use or development permit or approval by Snohomish county •.(Part of Ord.adopted January 12,1979). 24.08.015 Board."Board"means the board.of county commissioners.(Part ofOrd.adopted January 12,1979 ).. 24.08.020 Comprehensive drainage plan."Comprehensive drainage plan"means a detailed analysis adopted by the board for a drainage basin which compares the capabilites and needs for runoff accommodation dUe to various combinations of development,land use, structural and nonstructural management alternatives.The plan 24.08 Page 1 24.08.120 Drainage treatment/abatement facilities."Drainage treatment/abatement facilities"means any facilities installed or constructed in conjunction with a drainage plan for the purpose of treatment or abatement of stormwater runoff.'(Part of Ord.adopted Janaury 12,1979). 24.08.130 Large lot subdivision."Large lot sUbdivision"is the division of land for the purpose of sale,lease or development into two or more lots,tracts or parcels each of which is at least 1j128th of a section,or is five acres if the land is not capable of subdivisional description.(Part of Ord.adopted January 12,.1979). 24.08.140 Natural location of drainage systems."Natural location of drainage systems"means the location,of those channels, swales,and preexisting and established systems as defined by the first documented topographic contours existing for the sUbject property,either from maps or photographs,site inspections,,or other appropriate means.(Part of Ord.adopted January 12,1979). 24.08.150 Peak discharge."Peak discharge"means the maximum surface water runoff rate (cfs and ems)determined for the design storm.(Part of Ord.adopted January 12,1979). 24.08.160 Procedures Manual."Procedures manual"means the manual of technical and administrative procedures and requirements adopted by the board which delineates methods to be used,the level of detail of analysis required,and other submittal requirements for implementaion of the provisions of this title.(Part of Ord.adopted January 12,1979). 24.08.170 Receiving bodies of ·water."Receiving bodies of water"means creeks,streams,rivers,ponds,lakes,swamps,marshes and other bodies of"water into which waters are directed,either' natually or artifically by ditches or closed conduit system.(Part of Ord.adopted January 12,1979). 24.08.180 Retention facilities."Retention facilities"means facilites designed to hold water for a substantial period of time and then release it by evaporation,plant transpiration,or infilration into the soil,(Part of Ord.adopted January 12,1979). 24.08 Page 3 ( Chapter 24.10 DRAINAGE PROCEDURES MANUAL sections: 24.10.010 Adopted 24.10.010 Adopted.That certain drainage procedures manual,a copy of which is located in commissioners'proceedings file D-9 of this date,is hereby adopted this 26th day of November,1979,with said fees to become effective January 1,1980. The community development division manager is hereby authorized to make technical modifications to the manual. Any appeal to a modification shall be heard by an ad hoc committee consisting of two members from the community development division,two members representing professiona engineers and one member to be chosen by the committee,whose recommendation shall,in turn,be decided upon by the county council.(Res.79-355,adopted November 26,1979;Amended Ord 87-095,Sec.13,September 23,1987). 24.10 Page 1 Chapter 24.12 PROCEDURE sections: 24.12.040 General 24.12.080 Fees 24.12.120 plan approval 24.12.160 Inspections 24.12.200 Waiver of detailed drainage plan requirement 24.12.240 Variances 24.12.280 Bonds and liability insurance 24.12.320 Appeals 24.12.040 General.Required preliminary dr-a Lnaqe reviews and/or detailed drainage plans shall be submitted to the county department from whom the permit is being sought.Upon receipt of an application containing a drainage review or detailed drainage plan the receiving department shall transmit said drainage materials to the director along with the fee required by SCC 24.12.080 for review and approval. The director may request any necessary clarifIcation and/or additional materials.(Part of Ord.adopted January 12,1979). 24.12.080 Fees.The following split fee schedule shall.apply where a detailed drainage plan is required.No fee is required for a preliminary drainage review.This schedule is in additioJi to other applicable fees.wllere a detailed drainage plan involves several of the permits or approval listed,the highest single fee shall apply. (.1)Plan check fee.(To be paid upon submittal of a detailed drainage plan.) (a)Building permits:$0.017 per square foot of impermeable area as determined by the community development division manager; (b)Road construction permits issued pursuant to chapter 13 ..32 SCC (Unopened right-of-way access permits):Twenty-fivecents per center lane running foot to a maximum of two hundred fifty dollars);. (c)Subdivision preliminary plats:Seventy dollars per lot; 24.12 Page 1. (Rev.Sept,1990) 2nd =$75 3rd and each thereafter =$100 Provided that in no event shall any resubrnittal fee exceed fifty percent of the initial plan check fee.(Ord.81-043,adopted May 13,1981:part of Ord.adopted January 12,1979;Amended Ord 88-088,Sec.14,Nov.2,1988*;Amended Ord 90-150,August 22,1990). *Reviser's Note:The effective date of Ord 88-088 is Jan.1,1989. 24.12.120 Plan.approval.The direytor shall approve, conditionally approve,or reject a proposed detailed drainage plan. If the director conditionally approves or denies a detailed drainage plan the applicant shall be advised in writing of the reasons for such action.(Part .of o rd ,adopted .January 12,1~7 9)• 24.12.160 Inspections.The holder of any permit or approval issued subjeqt to a detailed drainage plan shall arrange with the director.for scheduling the following inspections: (1)Initial inspection.Whenever work on the site preparation, grading,excavations,or fill is ready to be commenced,but in all cases prior thereto. (2)Rough grading.When all rough grading has been completed. (3)Bury inspection.Prior to burial of any underground drainage structure. '(4)Finish grading.When.all work including installation of all drainage struc;:tures and other protect;i.ve.devices has been completed. (5)Planting.When erosion control planting shows active growth. In some circumstances not all of the above inspections may be necessary.It shall be the discretion·of the director to waive or combine any of the above inspections as dictated by conditions. The director shall inspect the work and shall either approve the same or notify the applicant in writing in what repects there has been failure to comply with the requirements of the approved plan.Any portion of the work which does not comply shall.be promptly corrected by the 'applicant.The director may make unscheduled site inspections to ensure compliance.Uncorrected violations will be SUbject to the provisions of chapter 24 e .32 SCC.(Part of Ord.adopted January 12, 1979). 24.12 Page 3 (Rev.Sept,1990) allowable by law,shall combine all such bonds into a single bond; provided,that at no time shall the'amount thus bonded be less than the total amount which would have been required in the form of separate bonds;and provided further,that such a bond shall on its face clearly delineate those separate obligations which it is intended to,secure. (a)Performance bond.In lieu of completing required drainage facilities within a preliminary plat prior to recording,the applicant shall post a performance bond in an amount of 120%of the estimated cost of completing construction per the approved drainage plans.After determination by the director that all facilities are constructed in compliance with the approved plans,and the posting of a maintenance bond as provided in subsection (b)below,the performance bond shall be released. (b)Maintenance bond.After satisfactory completion of facilities to be maintained by the county and as a condition of acceptance of such facilities by the county,the applicant constructing the,facility shall commence a two-year period of satisfactory maintenance of the facility.A maintenance bond shall be posted and maintained throughout the two-year maintenance period.The purpose of the maintenance bond is to cover the cost of design defects and/or failures in workmanship of the facilities throughout the two-year maintenance period.The amount of the maintenance bond shall be ten percent of the estimated construction cost of the drainage facilities requiring maintenance. (2)Liability policy.Applicants required to post bonds pursuant to this section shall additionally maintain a liability policy for the life of the performance or maintenance bonds in the amount of not less then $500,000 single limit bodily injury and property damage.'Such insurance shall include Snohomish County,its officers and employees as additional insureds,and shall not be reduced or cancelled without 30 days'written prior notice certain to the county.Applicants~shall provide the county a certificate of insurance or,upon written request of the county,a duplicate of the policy as evidence of insurance protection provided.(Part of Ord. adopted January 12,1979). 24.12.320 Appeals. decision or determination county hearing examiner. An aggrieved applicant may appeal any of the director under this title to the Any such appeal shall be filed in writing 2(.12 Page 5 (Rev.Sept,1990) Chapter 24.16 DRAINAGE SUBMITTALS Sections: 24.16.040 General 24.16.080 Preliminary drainage reviews 24.16.120 Detailed drainage plans--When required 24.16.160 Detailed drainage plans--C~ntents 24.16.200 Effect of incomplete sUbmittal 24.16.240 Reuse of drainage submittals 24.16.040 General.Two types of drainage review are provided for in this title:Preliminary drainage review and detailed drainage plans.Depending upon the nature of the permit/approval being sought, one.or both of these types may be required.(Part of Ord.adopted January 12,1979). 24.16.080 Preliminary drainage reviews.Where there are potential drainage problems,the director may require during the course gf normal review of any action requiring county approval that applicants submit information regarding handling of storm drainage: \.Provided,that this section shall be superseded as to large lot SUbdivisions upon adoption of a large lot subdivision ordinance;The purpose of such preliminary drainage review is to determine whether a proposal will be able to meet the mandatory drainage requirements in chapter 24.20 SCC.The preliminary drainage review shall include a simple site plan and may at the director's discretion address,the foilowing points: (1)Character of the existing site; (2)Natural drainage features occurring on or adjacent to the site;-_ ..' (3)Amount of impervious surface contemplated by the requested development,if any; (4)General method(s)of complying with the mandatory drainage requirements.(Part of Ord.adopted January 12,1979). 24.16 Page 1 (c)As a part of the preparation of a draft EIS for any project to determine mitigative measures when storm drainage has been identified as a significant environmental issue. (d)Prior to issuance of any other permit or approval involving site alteration affecting drainage in a critical area as identified in chapter 24~24 SCC,including buildin permits otherwise exempted by subsection (1)(a)above.(Part of Ord.adopted January 12,1979). 24.16.160 Detailed drainage plans--Contents.Detailed drainage .plans shall include the following information with respect to surface and pertinent subsurface water flows entering,flowing within,and leaving the subject property both during and after construction.The detailed form and contents of the drainage plan shall be described in the procedures manual. (1)·Project description: (a)A legal description of the property; (b)The names,addresses and telephone nu!:\bers of the owners and persons ordering the work to be performed; (c)To the extent necessary to adequately evaluate the accuracy of computations,the project description will include the location of any existing or proposed buildings,structures,and utilities on the property where the work is to be performed and the location of any existing building or structure on adjacent property which is within fifteen feet o.f where the work is to be performed; .(d)Elevations,dimensions,location,extent and the slopes of all work proposed to be done,shown on a contour map.Such contour map shall show the existing contours of the land and the proposed contours of the land after completion of the proposed work.Contour interval Shall be selected to adequately show drainage courses through the property and shall relate to the grade changes on the property; (e)Summary of existing and proposed vegetative cover, inclUding trees,shrubs,and grasses,and soil type(s)depicted on a map of ~he proposed site; (f)The boundaries of all areas that will b_e paved or otherwise altered in a manner that will increase surface water runoff and boundaries of all areas to remain in an existing or natural condition; (g)Location of existing drainage facilities which transport surface water onto,across,or from the site inclUding natural watercourses,artificial channels,drainpipes or culverts; 24.16 Page 3 24.16.200 Effect of incomplete submittal.Failure to submit the materials required by this chapter shall be cause for the county to refuse to process the application.(Part of Ord.adopted January 12, 1979). 24.16.240 Reuse of drainage submittals.A plan submitted during one permit/approval process may be subsequently considered with further required applications.The plan shall be supplemented with such additional information as may be requested by the director or required by the provisions of the procedures manual.The director may require a separate detailed drainage plan if the plan previously SUbmitted is determined to be inadequate.(Part of·Ord.adopted January 12,1979). 24.16 Page 5 Chapter 24.20 DRAINAGE IMPROVEMENTS sections: 24.20.040 General 24.20.080 Mandatory requirements 24.20.120 Establishment of regional facilities 24.20.160 Temporary erosion controls 24.20.040 General.Unless a variance is granted pursuant to SCC 24.12.240,the requirements of this chapter shall apply to all development requiring county approval whether or not ~detailed drainage plan has been required;provided,that nothing in this chapter shall require submittal of documentation not otherwise required by this title.(Part of Ord.adopted January 12,1979). 24.20.080 Mandatory requirements .' (I)Surface water entering the SUbject property shall be received at the naturally occurring loc,ations and surface,water exiting the' SUbject property shall be discharged,at the natual.locations with adequate energy dissipators within the SUbject property to minimize downstream damage and with no diversion at any of these points. (2)The design storm peak discharge from the SUbject property may not be increased from conditions existing prior to the proposed development except wh~re it can be demonstrated by the applicant that there is no adverse impact.- (3)Retentionjdetentionfa,cilities must be provided in o rder to maintain surface water discharge rates at or below the existing design storm peak discharge except where it can be demonstrated by the applicant that no adverse impact will result from not providing said facilities. (4)'Downstream drainageways and/or facilitie:;;aetween the subject property,and a well defined creek or drainage'channel of adequate capacity,shall be improved,to the extent necessary to bring them up to adequate capacity to accommodate project impacts where an increase in peak runoff is approved in subsections 2 or 3 abOve. (5)Where open channel construction is used to handLe drainage within the SUbject property,a minimum of fifteen feet setback will be 24.20 Page 1 information at the request of the director to aid in such .determination by the county.(Part of Ord.adopted January 12,1979). \ 24.20.160 Temporary erosion controls.Control of erosion from the general clearing,grading and other construction activities shall be"implemented to prevent damage by sedimentation to streams, floodplains,watercourses,natural areas and property of others during the construction phase and prior to completion of the permanent erosion control facilities. On-site drainage controls shall minimize erosion and return waters to the natual drainage course free of sedimentation or other pollution to the maximum extent feasible. Erosion control measures or devices shall be employed by the applicant as necessary prior to the initiation of construction.The director may require additional control measures where existing methods are failing to adequately control erosion.(Part of Ord. adopted January 12,1979). 24.20 Page 3 ( e .. Chapter 24.24 CJ;l.ITICAL AREAS sections: 24.24.040 Designation 24.24.080 Detailed drainage plans 24.24.120 Special drainage improvements 24.24.040 Designation.The following are designated as critical areas within which flooding,erosion and/or instability conditions present special drainage-related problems: (1)All lands not to remain in their natural state having twenty-five percent or greater slope as designated: (a)On USGS topographic quadrangle maps, (b)On topographic maps prepared by a survey for the site, (c)Through site inspection by the director.In the event of conflict between the definitions and maps referenced above,the actual presence or absence of the characteristics shall govern.In determining whether a proposal is,or is not,located in a critical area,the director may use detailed project site surveys and other topographic data which he may require an applicant to furnish; (2)All lands within two hundred feet of ordinary high water mark of bodies of water not SUbject to the state shoreline management act but possessing fish spawning and rearing habitat foranadromous and resident fish species,as designated by the state department of fisheries and game; (3)All lands designated critical areas in anyconprehensive drainage plan.(Part of Ord.adopted January 12,1979). 24.24.080 Detailed drainage plans.Unless waived by the director pursuant to SCC 24.12.200,either a preliminary drainage review or a detailed drainage plan shall be submitted and approved prior to issuance of any permit or approval involving site alteration in a critical area.Such a review or plan shall particularly address the special drainage problem associated with the critical area.(Part of Ord.adopted January 12,1979). 24.24 Page 1 ( Chapter 24.28 OPERATION AND MAINTENANCE sections: 24.28.040 County assumption of operation and maintenance 24.28.080 Operation and maintenance by owners 24.28.040 County assumption of operation and maintenance. Drainaqe facil~ties shall be dedicated to the county where the director determines that such facilities either are appropriately a part of a county maintained regional system or are unlikely to be adequately maintained privately. The county shall assume the operation and maintenance responsibility of retention/detention or other drainage conveyance systems and drainage treatment/abatement facilities proposed for county maintenance in an approved detailed drainage plan after the expiration of the two-year maintenance period if: (1)All of the requirements of chapter 24.20 SCC have been fully complied with;and (2)The facilities have been inspected and approved by the director after two years of operation in acco.rdance wi.t.h the procedures manual;and (3)All necessary easements entitling the county to properly operate and maintain the facility have been conveyed to the county and recorded with the Snohomish county aUditor;and (4)The applicant has supplied to the county an accounting of maintenance expenses for the permanent drainage facilities up to the end of the two year period; (5)The applicant pays the county an operation and maintenance assessment based on a ten-year prorated cost to cperate and maintain the permanent drainage facilities constfucted by the applicant.(Part of Ord.adopted January 12,1979). 24.28.080 Operation and maintenance by o"'ners.In the event that the county is not to assume the operation and maintenance responsibility for the facilities it will be the responsibility of the applicant to make arrangements with the owners of the sUbject property for assumption of operation and maintenance in a manner subject to the 24.28 Pase 1 Chapter 24.32 Enforcement sections: 24.32.010 Director's authority 24.32.020 Title 28,Snohomish County Code -Applicable 24.32.03Q Order to cease violation 24.32.040 Notice of violation -Penalty -Abatement 24.32.050 Public nuisance 24.32.060 Alternative remedies 24.32.070 Administrative jurisdiction -Nonexclusive 24.32.010 Director's authority.Whenever the director determines that a condition exists in violation of this title,or any code or standard required to be adhered to by this title,he is authorized to enforce the provisions of this title,or codes or standards,pertaining to such condition existing in violation thereof. (Added Ord.85-028,Sec.2 (part),May 1,1985). 24.32.020 Title 28,Snohomish County Code -Applicable.All violations of this title,and codes and standards required thereby, are made subject to the provisions of Title 28,SCC.(Added Ord. 85-028,Sec.2 (part),May 1,1985). 24.32.030 Order to cease violation.Whenever any condition is found to be in violation of this title,or codes or standards required to be adhered to thereunder,and pending commencement and completion of the notice and order procedure of SCC 24.32.040,the director may order the cessation of activity causing the violative condition by notice in writing served on the person(s)engaged in or causing such condition.The effect of such order shall be to require immediate cessation of activity causing the violative condition.Said order shall not be affected by any right of appeal afforded by this or any other title of this code (Added Ord.85-028,Sec.2 (part),May 1, 1985). 24.32 Page 1 Chapters: 25.05 25.10 25.20 Title 25 STORM AND SURFACE WATER MANAGEMENT General Provisions Definitions Charges for storm and Surface Water Management ~..... ..::J;."_ Chapter 25.05 GENERAL PROVISIONS sections: .', 25.05.010 25.05.020 25.05.030 25.05.040 25.05.050 25.05.060' Purpose. Authority. Severability. Program established Content of a watershed management plan Liability , 25.05.010 Purpose.It is the purpose and intent of this title: (1)To establish a storm and surface water management program for snohomish county to be administered by.the snohomish county department of pUblic works; (2)To create service areas defined by ordinance to be known as "watershed management areas"; (3)To provide a comprehensive approach to managing surface water in order to respect and preserve the county's streams,lakes and other waterbodies;protect water quality;corttrol,accommodate;and discharge storm runoff;provide for groundwater recharge;control sediment;stabilize erosion;establish monitoring capibility;and rehabilitate stream and drainage corridors for hydraulics,aesthetics, and fishErries benefits; (4)To facilitate the preparation and implementation of comprehensive watershed management plans;."" (5)to recognize that storm and surface water management needs will vary from watershed to watershed and that specific watershed management needs will be determined when watershed management plans are developed; (6)To foster interagency coope~ation on storm and surface water management issues because watersheds do not conform to political boundaries. (Added Ord 87-040,Sec.2,JUly 16,1987;Amended Ord 89-046,Sec.1, May 31,1989). " 25.05.020'Authority. (1)Pursuant to chapter 36.89 RCW and the Snohomish County Home Rule Charter,snohomish county is authorized to provide storm and 25.05 Page 1 Rev.June,1989 I '- ( 25.05.060 Liabi~ity.Administration of this tit~e sha~~not be construed to create the basis for any ~iab~ility on the part of the county,its appointed and e~ected officia~s,and emp~oyees while working within the scope.Of their duties for any action or inaction thereof authorized or done in connection with the imp~ementation of this tit~e.(Added Ord 89-046,Sec.4,May 31,1989). 25.05 Pag\'!3 Rev.June,1989 .;i;_ \ Chapter 25.10 DEFINITIONS sections: 25.10.010 25.10.020 25.10.030 25.10.040 25.10.050 25.10.060 25.10.070 25.10.080 25.10.090 25.10.100 25.10.110 25.10.120 25.10.130 25.10.140 Application of definitions. Aquatic system. Director. Drainage basin; Impervious surfaces. Land use classifications. Property owner of record. Services charges. Rates. State highway right-of-way. Storm and surface water management services. Surface water management facility. Watershed management areas. Waterhsed management plan. ( 25.10.010 Application of definitions.Unless the contract clearly 'requires otherwise,the definitions in this chapter apply throughout this title.(Added Ord 87-040,Sec.2,July 16,1987). 25.10.020 Aquatic system.Creeks,streams,rivers,marshes, lakes,and wetlands.(Added Ord 87-040,Sec.2,July 16,1987). 25.10.030 Director. department of public works Sec.2"July 16,1987). The director of the Snohomish county or his or her designee.(AddedOrd 87~040, .::- 25.10.040 Drainage basin.The geographic region within which water drains into a particular aquatic system or other body of water. (Added Ord 87-040,Sec.2,JUly 16,1987)., 25.10.050 Impervious surfaces.Hard surfaced areas which prevent or retard the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increa§ed rate of flow than under natural conditions.COmIDpn impervious surfaces include,but are not limited to,rooftops,concrete or asphalt sidewalks and paving,walkways,patio areas,driveways, 25.10 Page 1 Rev.'June,1989 25.10.120 Surface water management facility.Any facility, improvement,development,property,or interest therein,made, constructed or acquired for the purpose of controlling)or protecting life or property from,storm,waste,flood,or surplUS waters,or for the purpose of protecting water quality.Such facilities shall include,but not be limited to,the improvements and authority described in RCW chapters 86.12,86.13,and 86.15.(Added Ord 87-040, Sec.2,JUly 16,1987;Amended Ord 89-046,Sec.5,May 3'1,1989).' 25.10.130 Watershed management areas. Which service charges may be imposed.Such 25.20.020.(Added Ord 87-040,Sec.2,July The geographical areas in areas are described in see 16,1987)• 25.10.140 Watershed management plan.A plan adopted by the county council for a specific watershed management area including,but not limited to,a comprehensive drainage plan and a comprehensive drainage basin plan.(Added Ord89-046,Sec.6,May 31,1989). 25.10 Page 3 Rev.June,1989 .:f;-_'. Chapter 25.20 CHARGES FOR STORM AND SURFACE WATER MANAGEMENT SERVICES sections: 25.20.010 25.20.020 25.20.030 25.20.040 25.20.050 25.20.060' 25.20.070 25.20.080 25.20.900 25.20.910 Applicability. Watershed management areas. Rate structure. Billing. Rate adjustments and appeals. Delinquent charges. Special operating fund. Administrative procedures. Effective date and phasing. Severability. 25.20.010 Applicability.The requirements of this chapter shall apply to all properties located within the watershed management areas defined in SCC 25.20.020.(Added Ord87-040,Sec.2,July 16,1987). 25.20.020 Watershed management areas. (1)Watershed management areas (WMAs)shall consist of all properties in unincorporated Snohomish county which are located within the following drainage basins or portions of drainage basins all as shown on the maps described in subsection two below.Watershed management areas may also include properties within cities and towns lying within said drainage basins by interlocal agreement between the county and such cities or towns.-.'(a)Chase Lake/Lake Ballinger drainage basin. (b)Drainage basins for tributaries to the Puget Sound located south of EVerett. (c)Swamp Creek drainage basin. (d)North Creek drainage-basin. (e)Those portions of the drainage basins for tributaries to the Marshland Flood Control District lying south of Lowell-Larimer Road;west of the East section lines of Section'26 and 35,Township 28 North,Range 5 East;and lying north of the South section lines of Sections 34 and 35 of said Township and Range. (f)Lake Stevens drainage basin. (g)sunnyside drainage basin. (h)Smokey Point drainage basin. (i)Quilceda creek/Allen Creek drainage basin. 25.20 Page 1 Rev.December,1990 .:::..~ .~- Very Light 1%to 19%$7 per 1/4 acre Light 20%to 39%$22 per 1/4 acre Moderate 40%to 59%$36 per 1/4 acre Heavy 60%to 79%$50 per 1/4 acre Very Heavy 80%to 100'%$66 per 1/4 acre (3)property shall be exempt from service charges when the property is ow~edby and is the personal residence of a person or persons approved by the county assessor for a senior citizen or disabled persons property tax exemption under RCW 84.36.381. (4).The rate charged for state highway right-of-way shall be thirty percent of the rate for comparable real property in terms of imp~rvious surface coverage,or as otherwise provided by RCW 90.03.525.(Added Ord 87-040,Sec.2,July 16,1987). 25.20.040 Billing. (1)All property subject to service charges shall be assessed annually on January 1st based upon the rate category,land·use classification,and acreage then applicable to each such property and at the rate as set forth in see 25.20.030. (2)After 1987,billing statements shall be included on the annual property tax statements.Properties which do not receive a· property tax statement will receive a separate service charge J:?iJ.ling . statement.,.'/.". (3)If a payment is received in conjunction with a combined property tax and service charge,and the payment is less than the sum of the total property tax plus service charge or less than the sum of one-half of the property tax plus one-half of the service charge,and unless otherwise specified by,the parcel owner,the payment shall be applied to the annual property tax of the parcel first pursuant to the provisions of chapter 84.56 RCW and any remaining amount to the service:charge. (4)The total amount of the service charge shall be due and payable on or before the 30th day ot April and shall be delinquent after that date;however,if one-half of such service charge is paid 25.20 Page 3 Rev.December,1990 (4)Rate adjustments granted for reasons other than billing errors are sUbject to renewal every two years. (5)Decisions of the director on requests for rate adjustments shall be final unless appealed to the superior court,of Snohomish county by writ 'of certiorari within thirty days of the decisioI1 date; (Added Ord 87-040,Sec.2,July 16,1987).." 25.20 Page 5 Rev.December,1990 Swamp Creek January 1,1988 North Creek January 1,1989 Tributaries to Marshland January 1,1989 Lake stevens January 1,1990 sunnyside January 1,1990 Smokey-Point January 1,1990 Quilceda Creek/Allen Creek January 1,1991 - (Added Ord 87-040,Sec.2,July 16,1987;Amended Ord 89-046,Sec.9, May 31,1989;Amended Ord 90-095,JUly 11,1990). 25.20.910.·Sever~biiity.If any provisions of this chapter,or its application to any person or circumstance is held invalid,the remainder of this chapter or the application of the provisions to other persons or circumstances shall not be affected.(Added Ord 87-040,Sec.2,JUly 16,1987). 25.20.920 -Expiration date.This title shall be repealed on the date six years following enactment unless reenacted prior to that date pursuant to 1986 county charter section 2.115.(Added Ord 87-040, Sec.2,JUly 16,1987). 25.20 Page 7 Rev.December,1990 .::-~.~..