In areas of the city which are largely undeveloped, but where future growth is anticipated, it is possible to do advance planning for regional storm water drainage facilities on a basin-wide basis. In such cases the preferred location of such regional facilities may be predetermined, and the cost of constructing the same may be equitably assessed against private property owners within the affected drainage basin at the time new development projects are proposed. The concept of financing public works projects with mitigation assessments paid by developers who are causing the need for such projects is consistent with the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 22E.030 MMC), and RCW 82.02.020.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2857 § 4, 2011)
Drainage basins to which this chapter shall apply may be located in whole or in part within the Marysville city limits. They shall be identified and defined by the city engineer, and adopted by reference by resolution of the city council.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010)
The public works director or designee, in conjunction with engineers of adjoining jurisdictions which may share drainage basins with the city of Marysville, shall develop a storm water drainage facilities plan for each identified drainage basin and any sub-basins located therein. Such plans shall predetermine the location and size of any proposed retention/detention ponds of regional significance, and the location and size of all drainage pipes and channels of regional significance. The acquisition and construction cost of such facilities shall be estimated, and shall be apportioned by an assessment formula against all undeveloped property in the drainage basin which may be expected to contribute storm water to the regional system at the time such property is developed. The assessment formula shall be based upon an average impact analysis, but shall be subject to change on a case-by-case basis if an exceptional impact or lack of an impact is proven with respect to a particular project. The facilities plan for each basin shall be adopted by reference, by resolution of the city council.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010)
If certain regional drainage facilities are not constructed for a period of several years after the plan for the same is prepared and adopted, it is possible that the cost estimates of the public works director or designee, and the assessment formula based thereon, will require adjustment to reflect the inflation factor. If this is the case, the assessment formula may be amended by ordinance of the city council; provided, that no such amendment shall retroactively apply to any property which has already paid its assessments to the city.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010)
Because the city has no jurisdiction to levy its assessments against properties which are located within a portion of a drainage basin which is outside of the city limits, the city shall attempt to enter into interlocal agreements with Snohomish County which require the county to pay the city an amount equivalent to the assessments for such properties. Such interlocal agreements shall be reciprocal, and in cases where the regional drainage facilities are located in a portion of a basin which is outside of the city limits, the city will agree to pay the county an amount equivalent to the assessments which it has collected from property owners within the city's portion of the basin.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010)
Regional drainage facilities identified in an adopted plan shall be constructed as follows:
(1) 
If such facilities are needed before the property on which they are to be located is ready for a private development project, the city shall purchase or otherwise acquire the necessary land or easements for the construction of such facilities. If the facilities are to be located on property which is then being proposed for a development project, dedication of the necessary land or easements shall be a required condition of the development project. The reasonable cost of acquisition and/or dedication of land and easements for regional drainage facilities shall be reimbursed as provided below.
(2) 
Construction of regional drainage facilities shall be scheduled by the public works director or designee to meet the needs of the sub-basin in question. Ordinarily such construction will be performed by the developer of the property on which the facilities are to be located as a condition of a development project. If, however, facilities are needed in a sub-basin before the property on which they are to be located is proposed for a development project, the city engineer may require developers of other properties within the sub-basin to construct the facilities as a condition of their projects. In the discretion of the city engineer, regional drainage facilities may be constructed, or upgraded, in stages by a series of parties as the sub-basin develops. Any party constructing such a facility shall be reimbursed for the reasonable costs thereof as provided below.
(3) 
Construction of regional drainage facilities shall be subject to all provisions of Chapters 14.15 and 14.16 MMC, except that provisions for reimbursement of the reasonable costs thereof shall be superseded by this chapter.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010)
A party who constructs regional drainage facilities required by an adopted storm water drainage plan shall be entitled to reimbursement of the reasonable costs thereof, including the reasonable value of any land on which a retention/detention pond is located, on the following terms and conditions:
(1) 
The facilities must have been installed and completed in compliance with requirements of Chapter 14.15 and/or 14.16 MMC, and conveyed to the city of Marysville.
(2) 
The party shall certify in writing all acquisition, engineering and construction costs incurred and actually paid by him, and shall supply such verification as may be required by the public works director or designee.
(3) 
Reimbursement shall be allowed for the cost of oversizing regional drainage lines over 18 inches in diameter, and the cost of making comparably sized open channel improvements. Such reimbursement shall apply only to material costs, not labor, and shall have a maximum limit of $15.00 per foot. The public works director or designee may deny oversizing reimbursement in cases where the size of the lines or channel improvements is required by on-site development conditions, and not by regional considerations.
(4) 
The final reimbursement amount, as determined by the public works director or designee, shall be paid by the city to the party constructing the drainage facilities, or his assigns. Funds used for such payments shall be assessments collected by the city from property owners within the subject sub-basin during the period of five years prior to the date on which the facilities were accepted by the city, and during the period of 15 years thereafter. The city shall deduct an administrative charge of $50.00 each time a reimbursement check is issued. Under no circumstances shall the city be liable for reimbursements in amounts greater than the total assessments which it has collected from the subject sub-basin. If any assessments are collected by the city more than 15 years after the drainage facilities are constructed, or if any assessments have not been disbursed within said period of time, the same shall be kept by the city and deposited in the city's growth management fund.
(5) 
A party constructing all or any part of approved regional drainage facilities at its own cost, or dedicating land for the same, shall be granted a credit against drainage assessments which it owes with respect to property located in the subject sub-basin for the reasonable cost of such facilities and/or land, as determined by the city engineer. There shall be no right to reimbursement for the amount of said credit.
(6) 
If the city has acquired land and/or constructed drainage facilities at its own cost, it shall be entitled to reimbursement from the assessments collected from the subject sub-basin, as if it were a private developer, and such assessments shall be deposited in the city's growth management fund.
(7) 
In the event that more than one party has constructed regional drainage facilities in a single sub-basin, and each of said parties has been certified by the city engineer as being entitled to reimbursement from assessments collected by the city from property owners within that sub-basin, reimbursements shall be paid on the basis of chronological priority. The first drainage facilities which were approved by the city shall be reimbursed in full before any payments are made for subsequent facilities constructed in the same sub-basin.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010)
Drainage basin assessments in the amount specified in this chapter shall be paid by a property owner upon the first of the following events to occur:
(1) 
As a condition of final approval of a subdivision;
(2) 
As a condition of final approval of a short subdivision;
(3) 
As a condition of final approval of a binding site plan for any mobile home park, condominium, planned residential development, industrial park or shopping center;
(4) 
As a condition of final approval of a unit lot subdivision;
(5) 
As a condition of any building, grading, paving or other development approval which impacts drainage runoff.
If, after paying an assessment, a parcel of property is rezoned, replatted or otherwise more intensively developed, the assessment shall be recalculated, giving the owner credit for assessments previously paid.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010; Ord. 3352 § 14 (Exh. K), 2025; Ord. 3366 § 11 (Exh. K), 2025)
Any party aggrieved by a decision of a city employee in the administration of this chapter may appeal said decision to the city council. The decision of the city council shall be final.
(Ord. 2245 § 5, 1999; Ord. 2816 § 1 (Exh. A), 2010)
In addition to any other requirements of the Marysville Municipal Code, and in particular Chapter 14.16 MMC and this chapter, the following policies, procedures and priorities are established for connection to and use of all Marysville area regional storm water ponds and conveyance systems which are constructed by the city of Marysville:
(1) 
Regional storm water ponds and conveyance systems shall only be used to receive waters from commercial or industrial development on properties bearing the zoning designations of community business, general commercial, mixed use, light industrial, or business park.
(2) 
Connection to and discharge into any regional storm water pond and conveyance system shall not be made until the applicant has been issued a building permit for commercial or industrial development on a property bearing one or more of the zoning designations referenced in subsection (1) of this section.
(3) 
All regional storm water ponds and conveyance systems have limited capacity. Acceptance of an application and discharge into the system shall be contingent upon available capacity. Applications will be given priority by the city based on the date the initial deposit has been received as referenced in subsection (5) of this section.
(4) 
A fee for connection to all regional storm water ponds and conveyance facilities will be established by the city engineer. This fee will be determined by calculating the total cost of the detention facility and dividing the total cost by the cubic feet of as-built capacity. Total cost shall include land acquisition, design, construction, construction management, city staff overhead and environmental/ecological mitigation.
(5) 
The owner of a property applying to connect to a storm water pond and conveyance facility shall pay a nonrefundable deposit of 10 percent of the connection fee at the time of application. The application must describe the property to be served by the regional storm water facility, the proposed development, and the storage volume requested. The balance of the fee shall be paid at the time of issuance of the first building permit for the property to be served. The right to capacity will be forfeited if the first building permit is not issued within three years of the city's receipt of the 10 percent connection fee deposit. The city may grant a time extension of up to 365 days for a building permit if substantial progress has been made by the applicant to complete design and construction plans to receive permit approval.
(Ord. 2552 § 1, 2004; Ord. 2816 § 1 (Exh. A), 2010; Ord. 3105 § 1 (Exh. A), 2018)