Chapter 12.32
Storm and Surface Water Utility
Sections:
12.32.020 Potential hazard declared.
12.32.030 Storm and surface water management.
12.32.010 Purpose--Findings.
The city finds and declares:
A. All real property in the city contributes runoff to the common storm and surface water problem and all real property in the city has and will continue to benefit from the control and management of storm and surface water, either directly or indirectly.
B. The severity of existing drainage problems cannot be allowed to continue to escalate as a result of inadequate stormwater regulation and management.
C. The city's stormwater system must be funded in a manner enabling comprehensive maintenance, operation and regulation of stormwater through formation of a storm and surface water utility while achieving reasonable equity in the fiscal burdens in relation to such activities.
D. All developed real property has and will benefit from the city's maintenance and operation of the stormwater system. Thus, all developed property should contribute to the funding of the city's program for maintenance, operation and improvement of the stormwater system.
E. The development of real property, as measured by the square footage of impervious surface area, is an appropriate basis for the determination of an individual parcel's contribution to the problem of storm and surface water runoff.
F. It is necessary and appropriate to utilize statutory authority granted to the city to establish and maintain a storm and surface water utility. (Ord. 1419 §1, 1999).
12.32.020 Potential hazard declared.
The city finds and declares that absent effective maintenance, operation, regulation and control, existing stormwater drainage conditions in all drainage basins within the city constitute a potential hazard to the health, safety and general welfare of the city. The city council further finds that natural and man-made stormwater facilities and conveyances together constitute a stormwater drainage system and that effective regulation and control of stormwater through formation, by the city, of a storm and surface water utility requires the transfer to the stormwater utility of all stormwater facilities, conveyances, and related rights belonging to the city. (Ord. 1419 §2, 1999).
12.32.030 Storm and surface water management.
A. Utility Created--Responsibilities. There is created and established pursuant to RCW, Chapters 35A.80, 35.67, 90.03, and Article 11, Section 11 of the Washington State Constitution, a storm and surface water utility. All references to "the utility" in this chapter refer to the storm and surface water utility. The utility will have such authority and responsibility as may be granted by law, including the planning, design, construction, maintenance, administration, funding and operation of the utility, including all city stormwater conveyances and facilities.
B. Property Transferred to Utility. Title and all other incidents of ownership of the following assets are transferred to and vested in the utility: all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern stormwater, further including, without limitation, all properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of stormwaters, through, under or over lands, watercourses, sloughs, streams, ponds, lakes and swamps, all beginning in each instance at a point where stormwaters first enter the stormwater drainage system of the city and ending in each instance at a point where the stormwaters exit from that system of the city, and in width to the full extent of inundation caused by storm or flood conditions.
C. Stormwater System. There is specified and adopted as the original system and plan of the utility, including a declaration of the estimated costs thereof, the city of Montesano interim comprehensive stormwater management plan, adopted by motion by the city council on the 28th of June, 1994, as Resolution 533. This plan shall be subject to replacement, modification or supplementation by any subsequent amendment, supplement or replacement adopted by the council which thereafter shall be considered as controlling, to the extent such amendment, supplement or replacement is in conflict with the interim plan.
D. Utility Administered by Public Works Director. The utility shall be administered by the director of public works or his or her designee.
E. Separate Utility. In accordance with the provisions of RCW Chapter 35.67, 35.92 and 90.03, the storm and surface water utility is established as a separate utility, together with all additions, extensions and betterments thereof at any time made. (Ord. 1419 §3, 1999).
12.32.040 Review and update.
The public works department shall continue the review and update of the stormwater management plan and ordinances relating to the management and operation of the stormwater system, and the regulation and enforcement of any activities that may adversely impact the stormwater system and receiving waters. Whenever either the city council or the public works department determines that an amendment or modification to these ordinances is necessary or in the best interest of the city and the stormwater system, the public works department shall be responsible to present any recommendation(s) to the city council for their consideration. (Ord. 1419 §4, 1999).