Chapter 14.16
OPERATION AND MAINTENANCE OF PUBLIC STORM DRAINAGE SYSTEMS
Sections:
14.16.020 Ownership and maintenance of public facilities.
14.16.025 Maintenance of drainage ditches.
14.16.030 Storm water facility maintenance standards adopted.
14.16.040 Maintenance of low impact development (LID) facilities.
14.16.120 Oversizing reimbursement.
14.16.010 Purpose.
A public storm drainage system is a necessary utility in the city of Marysville for the purpose of preserving the city’s watercourses, minimizing water quality degradation, controlling sedimentation of creeks and other water bodies, protecting properties located adjacent to developing land from increased runoff rates and erosion, protecting downstream properties, preserving and enhancing the suitability of waters for recreation and fishing, preserving and enhancing the aesthetic quality of waterways, minimizing adverse effects of alterations in ground water qualities, locations and flow patterns, ensuring the safety of city roads and rights-of-way, and decreasing drainage-related damage to public and private property. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 3, 1999).
14.16.020 Ownership and maintenance of public facilities.
(1) All storm drainage lines, facilities and appurtenances located on public right-of-way or other property owned by the city shall belong to the city unless otherwise dedicated to private ownership during the plan approval process and shall be maintained, repaired and replaced to the extent the city determines to be in the public interest, and at the city’s cost. All privately constructed extensions of the public storm drainage lines and facilities shall be conveyed to the city as specified in MMC 14.03.420. The city may accept privately constructed facilities in residential developments. All other facilities will be dedicated to private ownership at the discretion of the director. The maintenance responsibility of private facilities will be borne by the property owner or the persons with shared interest in the facility as specified in Chapter 14.17 MMC.
(2) When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed in accordance with the following schedule:
(a) Within one year for typical maintenance of facilities, except catch basins.
(b) Within six months for catch basins.
(c) Within two years for maintenance that requires capital construction of less than $25,000. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 3, 1999).
14.16.025 Maintenance of drainage ditches.
For provisions relating to the maintenance of drainage ditches, see MMC 14.17.030. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 3, 1999).
14.16.030 Storm water facility maintenance standards adopted.
All maintenance shall be conducted as set forth in the Stormwater Manual. If the Stormwater Manual does not have a maintenance standard that applies to a storm water facility, then the city may use the manual developed by the manufacturer of the facility. In all cases the applicant shall provide the proposed maintenance program to the city for approval before construction of the facility occurs. (Ord. 2816 § 1, 2010).
14.16.040 Maintenance of low impact development (LID) facilities.
The city shall inspect LID facilities and monitor the ongoing function of both private and public facilities. Routine maintenance, such as trash removal, weeding, mulching and pruning of LID facilities, shall be performed on public facilities in accordance with the maintenance requirements outlined in the Stormwater Manual or the most current edition of the LID Technical Guidance Manual for Puget Sound, and as specified in city standards, maintenance specifications, and any recorded maintenance agreements. (Ord. 3035 § 4 (Exh. D), 2016; Ord. 2816 § 1, 2010).
14.16.120 Oversizing reimbursement.
In all cases the city engineer shall determine the size and depth of extensions to public storm drainage lines, whether they are on public or private property. The determination shall be consistent with the city’s long-range plans for a regional storm drainage system. If a property owner/developer is required to install a storm drainage line with a diameter in excess of 18 inches, and if the purpose for such oversizing is to provide for future extension of the storm drainage line to adjacent properties and not merely to meet the needs of the property responsible for constructing the line, the city shall reimburse the property owner/developer for the difference in material costs incurred solely by reason of the oversizing requirement. No such reimbursement shall be made except upon the following: complete installation of the storm drainage line and approval of the same by the city engineer; submittal of a bill of sale and a warranty for the storm drainage line to the city in accordance with MMC 14.03.420; submittal of bonding and proof of insurance as may be required by the city engineer in accordance with MMC 14.15.130; certification of the oversizing costs, with such verification from the material supplier and contractor as the city engineer may require; approval of the oversizing costs by the city engineer; and approval of the reimbursement by the city engineer. As an alternative to seeking reimbursement, the property owner/developer may request, and the city may grant, a credit, in the amount of the reimbursement that may otherwise be available, against the storm water capital improvement charges imposed under MMC 14.07.010. (Ord. 3065 § 4, 2017; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 3, 1999).
14.16.130 Recovery contracts.
At the option of the city council, any party having constructed public storm drainage lines, facilities or appurtenances, at its own cost, may be allowed to enter into a recovery contract with the city providing for partial reimbursement to such party, or its assignee, for the costs of such construction, including the costs of engineering and design work, and all costs of labor and materials reasonably incurred. Such contracts shall be governed by the following provisions:
(1) Within 30 days after a storm drainage line or facility is accepted by the city and a bill of sale/warranty is filed with respect to the same, the proponent of the recovery contract shall submit a request for the same, using a form supplied by the city, together with supporting documentation showing all costs incurred in the project.
(2) An assessment area shall be formulated based upon a determination by the city as to which parcels of real estate will be directly benefited by the line or facility. In the case of regional storm drainage facilities, a similar analysis shall be made with respect to all parcels within the drainage basin as defined by the city.
(3) The reimbursement share of all property owners in the assessment area shall be a pro rata share of the total cost of the project, less any contributions paid by the city. Each reimbursement share shall be determined by using a method of cost apportionment which is based upon the benefit received by each property from the project. This will generally be prorated on a front-footage basis for storm drainage lines. There shall be no reimbursement to the proponent for the share of the benefits which are allocated to its property.
(4) A preliminary determination of the area boundaries and assessments, along with a description of the property owner’s rights and obligations, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing within 20 days of mailing of the preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners. The city council’s ruling shall be determinative and final.
(5) The contract, upon approval by the city council, shall be recorded in the records of the Snohomish County auditor within 30 days of such approval. The recorded contract shall constitute a lien against all real property within the assessment area which did not contribute to the original cost of the utility project.
(6) If, within a period of 15 years from the date the contract was recorded, any property within the assessment area applies for connection to the storm drainage line, or is developed or improved in such a manner as to use or impact the drainage facility, the lien for payment of the property’s proportionate share shall become immediately due and payable to the city as a condition of receiving connection or development approval.
(7) All assessments collected by the city pursuant to a recovery contract, less the city’s administrative charge, shall be paid to the original proponent, its personal representative, successors or assigns within 30 days after receipt by the city. The city’s administrative charge for each collection is set forth in MMC 14.07.005.
(8) At the termination of the 15-year recovery period the lien shall continue, but all collections thereafter shall be for the benefit of the city and shall be deposited in the city’s utility fund.
(9) Nothing in this section, nor any provision in a recovery contract, shall be construed as establishing the city as a public utility in areas not already connected to the city’s utility system; nor shall this section, or any recovery contract, be construed as establishing express or implied rights for any property owner to connect to the city’s utility system without first qualifying for such connection by compliance with all applicable city codes and ordinances. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2780 § 2, 2009; Ord. 2245 § 3, 1999).
14.16.140 Enforcement.
No person or business entity shall willfully or by abuse or neglect cause any damage to lines or facilities of the public storm drainage system. Such acts or omissions shall constitute a misdemeanor and shall be punishable by criminal fine and imprisonment or by civil penalties, as set forth in MMC Title 4. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 3, 1999).