Chapter 13.30
STORM DRAINAGE
Sections:
13.30.030 City responsibility.
13.30.040 Private responsibility.
13.30.050 Charges for storm drainage services.
13.30.060 Storm drainage utility fund.
13.30.080 Initiation of billing.
13.30.090 Administrative regulations.
13.30.010 Definitions.
As used in this chapter, except where the context otherwise requires:
A. “City public works director” means the person designated by the city manager.
B. “Commercial or industrial unit” means any building or facility used other than as a single-family dwelling unit or as a duplex.
C. “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.
D. “Duplex” means a single building which contains two single-family units.
E. “Equivalent residential unit” or “ERU” means an area which is estimated to place approximately equal demand on the city’s storm drainage system as a single-family unit. One ERU shall be equal to 2,500 square feet of impervious surface.
F. “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.
G. “Improved premises” means any area which the city public works director determines has been altered such that the runoff from the site 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.
H. “Mobile home park” means the same as defined in FMC 19.10.140.
I. “Multiple-family unit” or “MFU” means a building or facility under unified ownership and control and consisting of more than two dwelling units with each such unit consisting of one or more rooms with bathroom and kitchen facilities designed for occupancy by one family and having a common water meter.
J. “Open drainageway” means a natural or manmade path, ditch or channel which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation.
K. “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.
L. “Single-family unit” or “SFU” means that part of a building or structure which contains one or more rooms with a bathroom and kitchen facilities designed for occupancy by one family and where the units are sold and deeded as individual units. A SFU is presumed to have 2,500 square feet of impervious surface area for purposes of this chapter. The term “SFU” shall be inclusive of those units identified as detached single-family residences, unit ownership, and condominiums.
M. “Storm drainage facilities” means any structure or configuration of the ground that is used or by its location becomes a place where storm water flows or is accumulated including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainageways and their appurtenances.
N. “Storm drainage service” means the collecting of storm water discharged from property on which development exists and its deposit directly or indirectly into public storm drainage facilities.
O. “Storm water” means water from precipitation, surface or subterranean water from any source, drainage and nonseptic waste water. (Ord. 8-2021 § 1; Ord. 5-1994 § 2)
13.30.020 Policy.
A. 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, storm drainage facilities, and also to require persons responsible to construct, reconstruct, maintain and extend storm drainage facilities.
B. The improvement of both public and private storm 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.
C. It is the policy of the city to participate within budgetary limits in improvements to storm drainage facilities when authorized by the council. To be considered for city financial participation, a facility must either:
1. 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 storm drainage master plan;
2. Be a rehabilitation or replacement of an existing public facility.
D. 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 this code. (Ord. 5-1994 § 3)
13.30.030 City responsibility.
The city shall manage public storm drainage facilities located on city-owned property, city right-of-way, and city easements. Other public storm drainage facilities that may be managed by the city include but are not limited to:
A. 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;
B. Roadside drainage ditches along unimproved city streets but not access drive culverts;
C. 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;
D. Retention systems constructed with city financial participation. (Ord. 5-1994 § 4)
13.30.040 Private responsibility.
A. A storm drainage facility to be managed by the person responsible includes but is not limited to:
1. A storm drainage facility not located on city-owned property, city right-of-way, or city easement;
2. A drainage facility located on city property, public right-of-way, or city easement required as a condition of development approval or otherwise needed to comply with city storm drainage requirements;
3. A private parking lot storm drain;
4. Any roof, footing, or area drain;
5. A storm drainage facility not designed and constructed for use by the general public;
6. Access drive culverts in the public right-of-way or on private property;
7. A retention system in the construction of which the city did not financially participate.
B. Any person responsible for a facility defined in subsection A 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, and shall maintain the facility’s stormwater management function.
C. The failure of any person responsible to comply with the obligation stated in subsection A or B of this section is a violation.
D. The conditions on private property which may result in situations proscribed by subsection B 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 FMC 8.10.070. (Ord. 2-2007 § 1(Exh. 1 § 2); Ord. 5-1994 § 5)
13.30.050 Charges for storm drainage services.
A. Except as the fees may be reduced or eliminated under subsection D of this section, the obligation to pay storm drainage fees arises when a person responsible uses storm drainage services. It is presumed that storm drainage services are used whenever there is an improved premises.
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 storm drainage fees set by council resolution. If there is no water or sewer service to the property or if water service is discontinued, the storm drainage fees shall be paid by the person(s) having the right to possess the property.
B. When establishing the fees for storm drainage service the council shall:
1. Establish a monthly rate for a single-family unit;
2. Establish a monthly rate for all property not included in subsection (B)(1) of this section based on the amount of the property’s impervious surface: For each 1,000 square feet of impervious surface, the said property shall be charged the rate established by council resolution.
C. When required, area measurements may be determined from records of the county assessor when available or be determined by the city public works director.
D. Upon application a person responsible may seek a reduction of the monthly charge for storm drainage service. Upon payment of an application fee set by council resolution and submission of appropriate evidence, the city public works director shall consider the application. The applicant must show to the city public works director’s satisfaction the amount of permanent reduction to the amount of impervious surface for the property.
Any reduction given shall continue until the property is further developed. Upon further development of the property another application may be made by a person responsible. Any applicant aggrieved by the city public works director’s decision may appeal to the city manager by filing with the manager a written request for review no later than 10 days after receiving the city public works director’s decision. The city manager’s decision shall be final. (Ord. 8-2021 § 1; Ord. 5-1994 § 6)
13.30.060 Storm drainage utility fund.
A. There is hereby created a drainage utility fund and all charges imposed under this chapter and the revenue collected therefrom shall be deposited therein.
B. Except as provided in subsection C of this section, money in the drainage utility fund shall be used for planning, design, construction, operation, maintenance and administration of storm drainage facilities, including repayment of indebtedness, and for all expenses for the operation and management of the storm drainage utility. Expenditures from this fund need not be identified to any particular revenue source.
C. Notwithstanding the provisions of subsection B of this section, money in the drainage utility fund attributable to the systems development charge imposed in Chapter 15.30 FMC as amended shall be limited to the purposes stated in that section. (Ord. 5-1994 § 7)
13.30.070 Enforcement.
A penalty fee equal to the percentage set by council shall be added each month on all charges that are delinquent. Penalty fees will only be assessed on accounts with total balances of $10.01 or more on the date of penalty assessment. In addition to other lawful remedies, the city manager may enforce the collection of charges required by this chapter by withholding delivery of water to any premises where the storm drain utility charges are delinquent or unpaid. (Ord. 8-2021 § 1; Ord. 8-2014 § 1 (Exh. A); Ord. 5-1994 § 8)
13.30.080 Initiation of billing.
Request for water or sewer service will automatically initiate appropriate billing for storm drainage services as established in this chapter. If development of a parcel does not require initiating water or sewer service, the creation of an impervious surface from which storm water may be discharged into public drainage facilities shall initiate the obligation to pay the fees and charges established in this chapter. (Ord. 5-1994 § 9)
13.30.090 Administrative regulations.
The city manager may adopt such rules and regulations as are necessary for the administration of the duties required by this chapter and for the public health, safety and welfare.
The city recorder is hereby authorized, upon first receiving the concurrence of the city attorney, to administratively correct any references contained in this chapter or elsewhere in the Fairview Municipal Code to sections that have been added, amended, or renumbered in this chapter. (Ord. 8-2021 § 1; Ord. 5-1994 § 10)