Chapter 13.20
STORMWATER SYSTEM
Sections:
Article I. General Provisions
13.20.010 Findings and necessity.
13.20.030 Drainage master plan.
13.20.040 Stormwater system management.
Article II. Stormwater Management Fee
13.20.050 Stormwater management fee imposed.
13.20.060 Administrative process for setting and amending stormwater management fee.
13.20.070 Fee adjustments and appeals.
Article III. Property Transfers and Design Standards
13.20.090 Property transferred to system.
Article IV. Penalty
Cross-reference: Wastewater, see Chapter 13.10 NMC.
Article I. General Provisions
13.20.010 Findings and necessity.
A. The city finds and declares that, absent effective maintenance, operation, regulation and control, existing stormwater drainage conditions in all areas within the city constitute a potential hazard to the health, safety and general welfare of the public.
B. The city council further finds that natural and manmade stormwater facilities and conveyances constitute a stormwater system, and that effective improvement, regulation and control of stormwater through formation, by the city, of a stormwater system (“system”) requires the transfer to the system of all stormwater facilities and conveyances and related rights belonging to the city. [Ord. 2571, 5-5-03. Code 2001 § 53.01.]
13.20.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Equivalent dwelling unit (EDU)” means a configuration of development, or impervious surfaces on a parcel, deemed to contribute an amount of runoff to the city’s stormwater system equal to that runoff created and contributed to the system by the average single-family residential parcel.
“Impervious surface” means the hard surface area that either prevents or retards entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions. “Impervious surface” includes, but is not limited to, rooftops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, and trafficked gravel or other surfaces that impede the natural infiltration or runoff of surface water.
“Parcel, developed” means any parcel that has been altered by grading or filling of the ground surface, or by construction of an improvement or impervious surface area which affects the natural hydraulic properties of the parcel.
“Parcel, undeveloped” means any parcel that has not been altered by grading or filling of the ground surface, or by construction of an improvement or impervious surface area which affects the natural hydraulic properties of the parcel.
“Stormwater” means stormwater, ground water, surface drainage, subsurface drainage, spring water, well overflow, roof drainage and other like drainage other than wastewater or industrial wastewater, as those latter terms are defined in NMC 13.10.040.
“Stormwater system” or “system” means the combination of both artificial and natural systems of publicly owned and/or operated wastewater systems, drains, ditches, canals, culverts, detention/retention ponds, dams and other water control facilities used for collecting and transporting stormwater. [Ord. 2571, 5-5-03. Code 2001 § 53.02.]
13.20.030 Drainage master plan.
The city council shall adopt a drainage master plan (“the plan”), which shall be periodically updated on not less than a five-year cycle. Expansion of the system shall be in accordance with the most current drainage master plan. In addition, fees, including systems development charges, shall be adopted to permit implementation of the plan. Systems development charges shall be adopted consistent with Chapter 13.05 NMC, Article I. [Ord. 2784 § 9, 9-8-15; Ord. 2571, 5-5-03. Code 2001 § 53.03.]
13.20.040 Stormwater system management.
A. The city, through its public works department, shall have all necessary authority and responsibility for the planning, design, construction, maintenance, administration and operation of the stormwater system.
B. The city council shall, as part of the annual budget process, adopt a budget for the stormwater system (including costs for maintenance, operation, debt service and construction of the system) and may include other information, such as field activities, accomplishments and the upcoming fiscal year’s priorities for the system. [Ord. 2784 § 10, 9-8-15; Ord. 2571, 5-5-03. Code 2001 § 53.04.]
Article II. Stormwater Management Fee
13.20.050 Stormwater management fee imposed.
A. All in-city customers of the city’s water and wastewater systems and those persons otherwise responsible for impervious surfaces within the city, which contribute stormwater runoff to the system or who otherwise use or benefit from the system, are responsible for paying a stormwater management fee (“SWMF”).
B. Billing.
1. Bills for the SWMF shall be mailed or otherwise delivered to the address specified in the application for water service for the affected parcel, the owner and/or occupant of which shall be deemed to be the responsible party for purposes of payment.
2. In the event another person or party is responsible, then that person or party shall give notice of the responsibility in writing to the city’s finance department.
C. Unpaid Bills to Become Lien on Property.
1. Any amount of the SWMF remaining unpaid for a period of 30 days or more from the date of the billing shall become an assessment lien on the affected property.
2. In addition to any other method provided for by city code or state law for the foreclosure or collection of liens, the lien resulting from nonpayment of the utility fee may be collected and enforced consistent with the terms of ORS 223.505 through 223.595 and ORS 223.605 through 223.650. [Ord. 2571, 5-5-03. Code 2001 § 53.10.]
Cross-reference: See Chapters 311 and 312 of Title 29 ORS pertaining to foreclosure of property tax liens.
13.20.060 Administrative process for setting and amending stormwater management fee.
A. The just and equitable SWMF shall be fixed at such amounts to ensure the financial self-sufficiency of the stormwater system.
B. The setting of the amount of the SWMF and amendments thereto shall be in accordance with the administrative process as set forth in Chapter 2.15 NMC, Article III (citizens’ rate review committee process).
1. Pursuant to NMC 2.15.130, the city council assigns the citizens’ rate review committee the powers and duties necessary to conduct the process for setting the SWMF in accordance with the process used to establish the city’s water and wastewater rates.
2. The city council shall by resolution set the fee amount and any amendment thereto. [Ord. 2571, 5-5-03. Code 2001 § 53.11.]
13.20.070 Fee adjustments and appeals.
A. Any nonresidential customer who believes the stormwater management fee as applied and billed to the customer’s parcel is noncompliant with the rate structure created by the rate resolution described in NMC 13.20.050(A) may appeal such billing within 30 days of the date of the billing.
1. The appeal:
a. Shall be in writing;
b. Shall be addressed to the community development director;
c. Shall set out a brief explanation as to why the customer believes the amount of the billing is in error; and
d. Cannot extend the period of payment for the charge.
2. The public works director or designee shall review the appeal, to which public works director or designee shall respond in writing within 60 days of its receipt.
3. While the appeal is pending before the public works director, no lien shall attach for the disputed amount.
B. If an adjustment is granted reducing the billing charge, the customer shall be refunded the amount overpaid for the current calendar year.
C. If the customer has been undercharged, the new recomputed charges will apply in full to the next month’s bill.
D. No more than one appeal may be made per calendar year unless there is a change in the lawful use of the property.
E. Within 14 days of the date of the decision, the customer may appeal the decision of the public works director to the city manager.
1. The appeal shall:
a. Be in writing;
b. Be addressed to the city manager; and
c. Set out why the decision of the public works director is in error.
2. The city manager shall review the appeal, to which the city manager shall respond with a decision in writing within 14 days of its receipt.
3. While an appeal to the city manager is pending, no lien shall attach to the affected property for the disputed amount.
4. The city manager’s decision shall be final and appealable only by way of writ of review (ORS 34.010 through 34.100). [Ord. 2571, 5-5-03. Code 2001 § 53.12.]
13.20.080 Credits.
A. Adjustments or reductions of the fee can be made upon application of the owner of developed property to the city engineer and upon certification by the city engineer that the owner or the property meets one or more of the criteria of subsection (E) or (F) of this section and an adjustment in the amount certified by the city engineer is therefore appropriate.
B. For the first year in which a stormwater management fee credit is adopted, adjustments certified by the city engineer during that year shall be applied retroactively to the date of adoption of this code provision, if the city engineer is satisfied that the circumstances under which the adjustment is certified existed on the date the fee was first applied to the property. In subsequent years, the date on which an adjustment is certified as appropriate by the city engineer shall be the date on which the adjustment takes effect; the adjustment shall be prorated from that date for the balance of that year.
C. Once certified, adjustments shall be effective for as long as the conditions and circumstances under which the adjustment was granted continue, and shall not be effective for the upcoming year without renewal on or before December 31st of each year. Renewals of adjustments may be granted upon reapplication by the owner of the property to the city engineer and upon the city engineer’s determination that the property owner is in full compliance with the terms of any existing stormwater maintenance agreement. If an adjustment lapses for any reason, the property owner must reapply to the city engineer in order to re-institute the adjustment.
D. Whenever the city engineer becomes aware, through investigation upon complaint, through random inspection, or through any other means, that the owner has failed to maintain the conditions and circumstances under which an adjustment has been given, or has failed to perform under a required stormwater maintenance agreement or has failed to comply with the requirements of an approved program listed in this section, the city engineer may immediately revoke an adjustment by sending written notice of the revocation by certified mail, return receipt requested, to the owner of the property. The city engineer’s revocation may be appealed by the owner under NMC 13.20.070. The city engineer shall notify the finance director of the revocation of an adjustment, and the revocation shall be effective 10 working days after the date of the written notification, if the owner has not filed an appeal. If the owner files an appeal and the revocation is upheld, then the revocation becomes effective on the date of the city engineer’s revocation.
E. Developed non-single-family property where stormwater management is provided by the owner on site, where said stormwater management exceeds minimum stormwater design standards and permitted conditions for development, and where the owner has entered into an appropriate stormwater maintenance agreement with the city engineer may be eligible for adjustments under the circumstances listed below. The listed adjustments are a maximum amount indicated in the subsection and a lesser amount may be certified by the engineer.
1. For on-site stormwater management provided to standards which protect against the two-year, 24-hour flood, the owner may receive a 10 percent adjustment of the fee which is not cumulative with subsections (E)(2) through (E)(4) of this section.
2. For on-site stormwater management provided to standards which protect against the 10-year, 24-hour flood, the owner may receive a 20 percent adjustment of the fee which is not cumulative with subsections (E)(1) through (E)(4) of this section.
3. For on-site stormwater management provided to standards which protect against the 25-year, 24-hour flood, the owner may receive a 30 percent adjustment of the fee which is not cumulative with subsections (E)(1) through (E)(4) of this section.
4. For on-site stormwater management provided to standards which protect against the 100-year, 24-hour flood, the owner may receive a 35 percent adjustment of the fee which is not cumulative with subsections (E)(1) through (E)(3) of this section.
5. For qualified best management practices of paved surfaces, the owner may receive an adjustment of 10 percent of the fee.
6. For qualified best management practices which improve the water quality of stormwater runoff, the owner may receive a 20 percent adjustment of the fee.
7. Where an ongoing qualified educational program is provided for water quality and quantity protection, the owner may receive a 10 percent adjustment of the fee.
8. Adjustments granted for supplying on-site stormwater management, as described in subsections (E)(1) through (E)(7) of this section, may be combined so long as the maximum adjustment granted under this subsection does not exceed 50 percent.
F. Developed single-family residential property where stormwater management is provided by the owner on site, where said stormwater management exceeds minimum stormwater design standards and permitted conditions for development, and where the owner has entered into an appropriate stormwater maintenance agreement with the city engineer may be eligible for the following adjustments under the circumstances listed below. The adjustments applicable in the subsections dealing with the reduction are a maximum amount indicated in the subsection, and a lesser amount may be certified by the engineer.
1. For a minimum square footage of pervious patios and walkways, the owner may receive a 10 percent adjustment of the fee.
2. For a pervious driveway, the owner may receive a 25 percent adjustment of the fee.
3. For new or existing qualifying trees, not including trees planted in the public right-of-way, the owner may receive a 10 percent adjustment of the fee.
4. For vegetated swales or infiltration planters not in the public right-of-way, the owner may receive a 10 percent adjustment of the fee.
5. For a rain garden built with qualifying plants and to qualifying specifications, the owner may receive a 25 percent adjustment of the fee.
6. Adjustments granted for supplying on-site stormwater management, as described in subsections (F)(1) through (F)(5) of this section, may be combined so long as the maximum adjustment granted under this subsection does not exceed 35 percent. [Ord. 2727 Exh. A, 6-7-10; Ord. 2609, 10-18-04; Ord. 2606, 8-2-04; Ord. 2571, 5-5-03. Code 2001 § 53.13.]
Article III. Property Transfers and Design Standards
13.20.090 Property transferred to system.
Title and all other incidents of ownership of the following assets are transferred to and vested in the system: all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, as they relate to stormwater, including (without limitation), all properties, interests, and rights acquired by adverse possession or prescription, directly or through another, through, under, into or over lands, watercourses, ground water, drywells, pipes, channels, detention/retention facilities, canals, streams, and ponds, beginning in each instance at a point where stormwater first enters the system and ending at a point where the stormwater exits from the system to the full extent of inundation caused by storm or flood conditions. [Ord. 2571, 5-5-03. Code 2001 § 53.20.]
13.20.100 Design standards.
The city engineer shall maintain appropriate public works design and construction standards for the system that may be periodically approved by the city council. All design shall be in accordance with the most current version of the standards. [Ord. 2784 § 11, 9-8-15; Ord. 2571, 5-5-03. Code 2001 § 53.21.]
Article IV. Penalty
13.20.110 Penalty.
A. No person shall break, damage, destroy, or uncover any structure, appurtenance or equipment that is part of the stormwater system.
B. Any person violating this provision shall have committed a Class 1 civil infraction, and shall be processed in accordance with the procedure set forth in Chapter 2.30 NMC.
C. Each day constitutes a separate offense. [Ord. 2571, 5-5-03. Code 2001 § 53.99.]