As used in this Chapter, except where the context otherwise
requires:
"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.
"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)