As used in this Chapter, except where the context otherwise requires:
"Commercial or industrial unit"
means any building or facility used other than as a single-family dwelling unit or as a duplex.
"Commission"
means the City Utility Commission.
"Development"
means any man-made 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.
"Duplex"
means a single building which contains two single-family units.
"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 three thousand square feet of impervious surface.
"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.
"Improved premises"
means any area which the 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.
"Mobile home park"
means the same as defined in Title 12 of this Code.
"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.
"Open drainageway"
means a natural or man-made 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.
"Person responsible"
means the owner, agent, occupant, lessee, tenant, contract purchaser or other person having possession or control of property or the supervision of a construction project on the property.
"Retention system"
means a storm drainage facility which the Public Works Director has determined does not discharge, or substantially reduces the discharge, into a public storm drainage facility.
"Runoff coefficient"
means the calculation of the amount of storm water running off of a parcel of real property based on conditions on the parcel and using factors established in the publication "City of Roseburg, Douglas County DRAINAGE DESIGN PLAN STANDARDS" dated November 1986.
"Runoff control"
means any measure approved by the Public Works Director by which storm water runoff from land surfaces on which development exists is reduced.
"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 and have individual water meters. A SFU is presumed to have three thousand 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, etc.
"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. "Storm drainage facilities" does not include the South Umpqua River or creeks expressly excluded by action of the City.
"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.
"Storm water"
means water from precipitation, surface or subterranean water from any source, drainage and nonseptic waste water.
(Ord. 2930 § 1 (part), 1996)
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:
1. 
Be public and be of major benefit to the community:
a. 
If a piped system, be a design equivalent to larger than a thirty-six inch diameter circular concrete pipe;
b. 
If a retention system, the capacity of such system over that required to serve the property on which it is located and provided it is placed and sized in conformance with the storm drain 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. 2930 § 1 (part), 1996)
The City shall manage public storm drainage facilities located on City-owned property, City rights-of-way, and City easements. Public storm drainage facilities that may be managed by the City include but are not limited to:
A. 
An open drainageway serving a drainage basin of at least one hundred acres;
B. 
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;
C. 
Roadside drainage ditches along unimproved City streets but not access drive culverts;
D. 
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; and
E. 
Retention systems constructed with City financial participation.
(Ord. 2930 § 1 (part), 1996)
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 private parking lot storm drain;
3. 
Any roof, footing, or area drain;
4. 
A storm drainage facility not designed and constructed for use by the general public;
5. 
A drainage swale which collects storm water from a basin less than one hundred acres;
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 shall keep open drainageways on his property cleared of debris and vegetation as required by the Chapter of this Code regulating nuisance abatement.
C. 
Any person responsible shall maintain non-public storm drainage facilities on his property 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.
D. 
The failure of any person responsible to comply with the obligations stated in Subsections A, B, or C of this Section is a violation.
E. 
The conditions on private property which may result in situations proscribed by Subsections B or C 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 the Chapter of this Code regulating nuisance abatement.
(Ord. 2930 § 1 (part), 1996)
A. 
Except as the fees may be reduced or eliminated under Subsection 5.06.040.E., 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.
B. 
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 utility charges shall pay the storm drainage fees set by Council resolution. If there is no water 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 occupy the property.
C. 
When establishing the fees for storm drainage service, the Council shall:
1. 
For ease of administration, establish a monthly rate for a single-family unit, which rate shall also be applied to residentially used property based upon the number of dwelling units, and which rate shall be the rate for an equivalent residential unit (ERU); and
2. 
Establish a monthly rate for all property not included in Subsection C.1. of this Section, based on the amount of the property's impervious surface:
a. 
For each three thousand square feet of impervious surface, the said property shall be charged the rate for a single-family unit. The minimum service charge shall be that established for a single-family unit.
b. 
For ease of administration, when the runoff coefficient from a parcel of property exceeds sixty percent, the gross area of the parcel (without regard to existing impervious surfaces) shall be used to determine the charge for storm drainage service.
c. 
The storm drainage fees for a mobile home park shall be established at the rate of one single-family unit per space.
d. 
The maximum charge for a multiple-family building or facility shall be limited to the number of multiple-family units on the property multiplied by the charge for a single-family unit.
D. 
When required, area measurements may be determined from records of the County Assessor when available or be determined by the Public Works Director.
E. 
Upon application a person responsible may seek a reduction or elimination of the monthly charge for storm drainage service. Upon payment of an application fee set by Council resolution and submission of appropriate evidence, the Public Works Director shall consider the application. The applicant must show to the Public Works Director's satisfaction:
1. 
The amount of permanent reduction to the runoff coefficient for the property due to the retention system; or
2. 
The amount of storm water being discharged directly from the property into the South Umpqua River or Deer Creek. Any reduction or elimination given shall continue until the property is further developed or until the Public Works Director determines the property no longer qualifies for the reduction or elimination granted. Upon further development of the property another application may be made by a person responsible. Any applicant aggrieved by the Public Works Director's decision may appeal to the City Manager by filing with the Manager a written request for review no later than ten days after receiving the Public Works Director's decision. The City Manager's decision shall be final.
(Ord. 2930 § 1 (part), 1996)
A. 
There is 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, 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 and providing storm drainage service. 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 Section 5.06.070 shall be limited to the purposes stated in that Section.
(Ord. 2930 § 1 (part), 1996)
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. 2930 § 1 (part), 1996)
A. 
Before new development which results in increasing the amount of storm water discharged from property into a public drainage facility may be approved or before existing development is modified to increase the amount of storm water it discharges into a public drainage facility, there shall be collected a systems development charge for storm drainage. The systems development charge and the methodology required by state law shall be adopted by Council resolution. Such methodology may provide for exemptions from or credits against any systems development charge imposed. Revenues received from such charges shall be deposited in the Drainage Utility Fund, budgeted and expended as provided by state law.
The accounting for such money and expenditures required by state law shall be included in the City's Comprehensive Annual Financial Report required by ORS Chapter 294. As required by state law, money shall be expended for capital improvements in accordance with the Comprehensive Plan for the Roseburg Urban Area and the Drainage Master Plan as adopted by the City Council.
B. 
Upon application to the City Manager, the systems development charge required by this Section may be paid in installments secured by a lien against the property or in a manner satisfactory to the City Manager by other property, bond, letter of credit or other security. Such obligation may be added to a local improvement assessment against the property from which drainage is discharged or paid in semi-annual installments as required for local improvement assessments. A lien against the property shall be recorded in the City's lien docket and shall be enforced and foreclosed as provided by law for street improvement assessment liens.
(Ord. 2930 § 1 (part), 1996; Ord. 3057 § 2 (part), 1999)
A. 
A person objecting to the methodology adopted for the development charge or a person aggrieved by the calculation of the systems development charge or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure by filing a written request with the City Manager's office for consideration as provided in this Section. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall comply with this Section. An appeal of an expenditure must be filed within two years of the date of alleged improper expenditure. Appeals of any other decision must be filed within ten days of the date of the decision.
B. 
An objection to the methodology may only be made within the ten days following its adoption by the Council. Thereafter, unless overturned by a court of competent jurisdiction, the appeal concerning the calculation of the systems development charge may not challenge the methodology. Upon receiving an appeal concerning the adoption of the methodology, the Council shall reconsider the methodology in light of the issues raised by the appellant. The decision of the Council upon reconsideration shall be final.
C. 
An appeal on the calculation of a systems development charge imposed upon a specific development or an appeal on a decision not covered by Subsections B or D of this Section shall be considered by the City Manager, whose decision shall be final.
D. 
An objection to an expenditure of systems development charge revenue shall be considered by the Council or its designee. The decision of the Council or its designee shall be final.
E. 
The appeal shall state:
1. 
The name and address of the appellant;
2. 
The nature of the determination being appealed;
3. 
The reason the determination is incorrect; and
4. 
What the correct determination of the appeal should be.
An appellant who fails to file such a statement within the time permitted waives his objections, and his appeal shall be dismissed.
F. 
Unless the appellant and the City agree to a longer period, an appeal shall be heard by the Council or its designee within fifteen days of the receipt of the appeal. At least seven days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant.
G. 
The Council, its designee or the City Manager shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the Council, City Manager or their designee deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by legal counsel. The rules of evidence as used by courts of law do not apply.
H. 
The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be.
I. 
The decision on appeal under this Section shall be in writing and rendered within twenty days after the hearing date.
(Ord. 2930 § 1 (part), 1996)
Request for water 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 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. 2930 § 1 (part), 1996)
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.
(Ord. 2930 § 1 (part), 1996)