Chapter 13.35
STORMWATER DRAINAGE SYSTEM

Sections:

13.35.010    Definitions.

13.35.020    Policy.

13.35.030    City responsibility.

13.35.040    Private responsibility.

13.35.050    Charges for stormwater drainage services.

13.35.060    Stormwater drainage utility fund.

13.35.070    Enforcement.

13.35.080    Initiation of billing.

13.35.010 Definitions.

As used in this chapter, except where the context otherwise requires:

(1) "Development" means any manmade change to improved or unimproved real property including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

(2) "Impervious surface" means any surface area which either prevents or retards saturation of water into the land surface, or a surface which causes water to run off the land surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways, parking lots or storage areas, graveled, oiled or macadam surfaces or other surfaces which similarly impede the natural saturation or runoff patterns which existed prior to development.

(3) "Improved premises" means any area which the city public works superintendent determines has been altered such that the runoff from the site or impact to water quality is greater than that which could historically have been expected. "Improved premises" does not include public ways under the jurisdiction of the city, county, state or federal government.

(4) "Open drainage" means a natural or manmade path, ditch or channel which has the specific function of transmitting natural stream water or stormwater from a point of higher elevation to a point of lower elevation.

(5) "Person responsible" means the person with the right to occupy property, and may include the occupant, tenant, owner, contract purchaser, or the agent of any of the foregoing.

(6) "Stormwater drainage facilities" means any structure or configuration of the ground that is used or by its location becomes a place where stormwater flows or is accumulated, including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainage ways and their appurtenances.

(7) "Stormwater drainage service" means the collecting of stormwater discharged from property on which development exists and its deposit directly or indirectly into public stormwater drainage facilities.

(8) "Stormwater" means water from precipitation, surface or subterranean water from any source, drainage and nonseptic waste water. (Ord. 446 § 1, 2004)

13.35.020 Policy.

(1) Pursuant to the general laws of the state of Oregon and the powers granted in the Charter of the city, the council does hereby declare its intention to acquire, own, construct, reconstruct, equip, operate and maintain within the city limits of the city, and outside the city limits when consistent with the council's adopted policies or intergovernmental agreements, stormwater drainage facilities, and also to require persons responsible to construct, reconstruct, maintain and extend stormwater drainage facilities.

(2) The improvement of both public and private stormwater drainage facilities through or adjacent to a new development shall be the responsibility of the developer. Said improvements shall comply with all applicable city ordinances, policies and standards.

(3) It is the policy of the city to participate within budgetary limits on improvements to stormwater drainage facilities when authorized by the council. To be considered for city financial participation, a facility must either:

(a) Be public and be of major benefit to the community such that the facility has capacity over that required to serve the property on which it is located and provided it is placed and sized in conformance with the stormwater drainage master plan; or

(b) Be a rehabilitation or replacement of an existing public facility.

(4) No portion of this chapter or statement herein or subsequent interpretations or policies shall relieve any property owner of assessments levied against real property for a local improvement project or for abating conditions on the property that violate any provision of the Veneta Municipal Code (VMC). (Ord. 446 § 2, 2004)

13.35.030 City responsibility.

The city shall manage public stormwater drainage facilities located on city-owned property, city right-of-way, and city easements. Other public stormwater drainage facilities that may be managed by the city include but are not limited to:

(1) A piped drainage system and its related appurtenances which have been designed and constructed expressly for use by the general public and accepted by the city;

(2) Roadside drainage ditches along unimproved city streets but not access drive culverts;

(3) Flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and accepted by the city;

(4) Retention systems constructed with city financial participation. (Ord. 446 § 3, 2004)

13.35.040 Private responsibility.

(1) A stormwater drainage facility to be managed by the person responsible includes but is not limited to:

(a) A stormwater drainage facility not located on city-owned property, city right-of-way, or city easement;

(b) A private parking lot stormwater drain;

(c) Any roof, footing or area drain;

(d) A stormwater drainage facility not designed and constructed for use by the general public;

(e) Access drive culverts in the public right-of-way or on private property;

(f) Private detention facilities or a retention system in the construction of which the city did not financially participate or did not officially accept responsibility for.

(2) Any person responsible for a facility defined in subsection (1) of this section shall maintain it so as to prevent flooding or damage to other property not owned or controlled by the person responsible and to prevent injury to any person on property not owned or controlled by the person responsible.

(3) The failure of any person responsible to comply with the obligation stated in subsection (1) or (2) of this section is a violation.

(4) The conditions on private property which may result in situations proscribed by subsection (2) of this section are declared to be a danger to public health and safety and therefore are a nuisance, to be abated as provided in Chapter 8.05 VMC. (Ord. 446 § 4, 2004)

13.35.050 Charges for stormwater drainage services.

(1) The obligation to pay stormwater drainage fees arises when a person responsible uses stormwater drainage services. It is presumed that stormwater drainage services are used whenever an improved premises is connected to city sewer or water systems.

(2) Unless another person responsible has agreed in writing to pay and a copy of that writing is filed with the city, the person(s) paying the city's water or sewer utility charges shall pay the stormwater drainage fees, as set by council resolution. (Ord. 446 § 5, 2004)

13.35.060 Stormwater drainage utility fund.

(1) There is hereby created a stormwater drainage utility fund, and all charges imposed under this chapter and the revenue collected therefrom shall be deposited therein.

(2) Money in the stormwater drainage utility fund shall be used for planning, design, construction, operation, maintenance and administration of stormwater drainage facilities, including repayment of indebtedness, and for all expenses for the operation and management of the stormwater drainage utility. Expenditures from this fund need not be identified to any particular revenue source. (Ord. 446 § 6, 2004)

13.35.070 Enforcement.

In addition to other lawful remedies, the city administrator may enforce the collection of charges required by this chapter by withholding delivery of water to any premises where the stormwater drainage utility charges are delinquent or unpaid. (Ord. 446 § 7, 2004)

13.35.080 Initiation of billing.

Request for water or sewer service will automatically initiate appropriate billing for stormwater drainage services as established in this chapter. (Ord. 446 § 8, 2004)