HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 01/10/2022 (2) 40!! Land Use and Planning Board
Monday, January 10, 2022
KENT 6:00 PM
W A 5 H IN G T O N
THIS IS A REMOTE MEETING
Masks are required regardless of vaccination status.
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 822 0344 3612, Passcode: 698468
Chair Dione Dittmar
Vice Chair Joseph O'Toole Shane Amodei
Chris McClain Sally McDonough
Sandra Pereira Michael Purwal
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Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 02 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of the Minutes YES Chair 01 MIN.
Approval of November 22, YES Chair 05 MIN.
2021 Minutes
5. Action Item YES Chair 01 MIN.
Introductions of 2022 LUPB NO Kaelene Nobis, Senior 15 MIN.
Members Planner
HEARING: Storm and YES Laura Haren, 20 MIN.
Surface Water Utility Environmental
Ordinance - General Update Conservation Analyst
of KCC 7.05 and 7.07
Legal Responsibilities for NO Kaelene Nobis, Senior 15 MIN.
Members of LUPB Planner
6. Adjournment Chair 01 MIN.
Unless otherwise noted, the Land Use and Planning Board meets at 6 p.m. on the second
and fourth Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Tanya Kosen at 253-856-5461, or email
Tkosen@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Pending Approval
Land Use and Planning Board
KENT Land Use Regular Meeting
WA9H... Minutes
November 22, 2021
Date: November 22, 2021
Time: 6:10 p.m.
Place: Chambers
Attending: Ali Shasti, Chair
Shane Amodei, Vice Chair
Katherine Jones,
Joseph O'Toole, ;
Dione Dittmar,
Sally McDonough,
Michael Purwal
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1. Call to Order 6:10 p.m. Q
Attendee Name Title Status Arrived o
Ali Shasti Chair Present
Shane Amodei Vice Chair Present N
Katherine Jones Absent N
Joseph O'Toole Present N
Dione Dittmar Present
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Sally McDonough Present Z
Michael Purwal Absent
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3. Changes to the Agenda
None
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4. Approval of the Minutes a
1. Approval of Minutes dated September 27, 2021
MOTION: Move to approve the Minutes dated September 27, 2021 a
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RESULT: APPROVED [UNANIMOUS]
MOVER: Shane Amodei, Vice Chair
SECONDER: Sally McDonough
AYES: Shasti, Amodei, O'Toole, Dittmar, McDonough
ABSENT: Jones, Purwal
S. Action Item
1. Board Elections
Dione Dittmar volunteered to chair the board for 2022. She was the only
candidate and the board voted unanimously to appoint her.
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Page I of 2 Packet Pg. 2
Land Use and Planning Board Land Use Regular November 22, 2021
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Joseph O'Toole volunteered to be the Vice Chair of the board for 2022. He
was the only candidate and the board voted unanimously to appoint him.
MOTION: I nominate to be chair and to be vice chair.
2. Department Updates
Hayley Bonsteel updated the board on the grants that were presented in the
last meeting.
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Kaelene Nobis updated the board on the upcoming CPA's that will be before
the board in 2022. One is a request for rezone of the 2 lots to the North of
Sonic on the East hill. The other is the Bridges rezone that was brought
before the board earlier this year. LUPB had discussion on the status of c
annexation of this property by the City of Auburn and the potential for it not
to be a work item for 2022. o
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Additionally, Kaelene updated the board on the recruitment for two vacant Q
positions to be filled in 2022. a
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Hayley took some time to thank Ali and Kathi for their years of service on the o
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6. Adjournment 6:50 p.m. N
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Ta4vvycv KOV V I 'o
Committee Secretary -
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Page 2 of 2 Packet Pg. 3
LAND USE AND PLANNING BOARD
220 Fourth Avenue South
Kent, WA 98032
KENT
WASHINGTON
DATE: January 10, 2022
TO: Land Use and Planning Board
FROM: Economic & Community Development
SUBJECT: Introductions of 2022 LUPB Members
SUMMARY: Each board member will introduce themselves and share a little about
why they are volunteering for the LUPB.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 4
LAND USE AND PLANNING BOARD
220 Fourth Avenue South
Kent, WA 98032
KENT
WASHINGTON
DATE: January 10, 2022
TO: Land Use and Planning Board
FROM: Public Works
SUBJECT: HEARING: Storm and Surface Water Utility Ordinance -
General Update of KCC 7.05 and 7.07
MOTION: Recommend Council adopt an ordinance repealing and replacing
Chapter 7.05 of the Kent City Code, entitled "Storm and Surface Water Utility,"
and repealing Chapter 7.07.
SUMMARY: The City of Kent owns and operates a storm drainage system that
collects, stores, provides water quality treatment, and conveys stormwater from
public and private properties for discharge to waters of the state. The current Kent
storm and surface water utility code sections (KCC 7.05 and 7.07) need an update
for consistency with state law and technological advances as well as to provide for a
well-defined and consistent enforcement mechanism. Staff seeks a
recommendation from the Land Use and Planning Board that Council adopt an
ordinance that repeals the current Kent City Codes, Chapter 7.05, Storm and
Surface Water Utility, and Chapter 7.07, Surface Water and Drainage, and re-
adopts an updated Chapter 7.05 Storm and Surface Water Utility.
BACKGROUND:
Kent's storm and surface water utility code is the foundation of the storm drainage
utility. The city finds that clear and specific stormwater management standards,
regulations, and policies must be maintained to protect the operation and condition
of the stormwater system and prevent degradation of natural waters to the
maximum extent practicable.
The code establishes authority to operate and maintain the stormwater utility,
defines standards for connecting and discharging to the city system, establishes the
stormwater utility rate structure, defines processes for implementation of the code,
and contains mechanisms for enforcement.
As a requirement of the 2019-2024 municipal National Pollutant Discharge
Elimination System permit mandated by the WA State Dept of Ecology, the City of
Kent must implement a source control program to prevent and reduce pollutant
runoff to the public drainage system. The program must include inspections of
publicly and privately owned sites that have the potential to discharge pollutants.
Packet Pg. 5
When current methods of pollution prevention are ineffective, the city must require
the utilization of additional Best Management Practices, including structural
controls. The updates to the proposed revised code support the new requirements.
The proposed ordinance also updates the enforcement provisions to be consistent
with other Kent City Code Chapters.
The proposed ordinance eliminates Kent City Code Chapter 7.07. Chapter 7.07
describes Kent stormwater standards for development and redevelopment in Kent.
Because Kent's stormwater standards are now adopted by ordinance, Chapter 7.07
is no longer necessary.
This ordinance proposes many other minor edits to clarify stormwater system
maintenance and inspection responsibilities and to be consistent with state and
federal stormwater regulations.
This ordinance has been reviewed under the State Environmental Policy Act (SEPA)
and by the Washington State Department of Commerce as a development
regulation.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. LUPB Code Update KCC 7.05 (PDF)
2. KCC 7 05 Storm Surface Water Update final - law 2021.12.22 (PDF)
Packet Pg. 6
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Proposed Storm
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Land Use and Planning Board • a
January 10', 2022 KENT
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Why arewe updating the Kent
storm and surface water code ?
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• Update definitions
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Clarify owner responsibilities Y �,
• Require use of Best
Management Practices per
State requirements 4
• Update enforcement provisions
• Repeal7.07
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CITY OF KENT
Repeal Kent City SURFACE WATER DESIGN MANUAL
Code Section 7.07 0a
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7.05 — Storm and
Surface Water Utility , `' - o
7.07 — Surface Water
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and Drainage Code
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Use of current
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city code chapters
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Education is preferred
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Recommendation :
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We respectfully ask the Board to recommend to Kent City
Council the adoption of an ordinance to repeal the
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existing Storm and Surface Water Utility Code ( KCC 7.05)
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and Surface Water and Drainage Code ( KCC 7.07) and re- Y
adopt a combined and updated version .
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ORDINANCE NO.
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AN ORDINANCE of the City Council of the E
City of Kent, Washington, repealing and replacing °
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Chapter 7.05 of the Kent City Code, entitled "Storm
and Surface Water Utility," combining and a
consolidating sections from Chapter 7.07, entitled
"Surface Water and Drainage Code," and then N
repealing Chapter 7.07.
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RECITALS
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A. The City finds that all real property in the city contributes run-off to
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the common drainage problem, and that all real property in the city benefits
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from the storm and surface water utility system in the city.
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B. The City finds that the intensity of development on all parcels of real
property, as measured by the square footage of impervious surface area, is 3
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an appropriate basis for determination of an individual parcel's contribution E
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to the problem of storm and surface water run-off.
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C. The City finds that each owner of a parcel of real property within the
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city should pay their share of the cost of constructing, operating, Y
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maintaining, repairing, improving and replacing drainage facilities in
proportion to the amount of run-off contributed to the drainage system
beyond that which would occur if the parcel were in its natural state. a
1 Repeal and Replace Chapter
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7.07 KCC -
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D. The City finds that clear and specific stormwater management
standards, regulations, and policies must be maintained to prevent
degradation of natural waters to the maximum extent practicable and
therefore codification of these stormwater management regulations is
necessary.
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E. The City finds that new state stormwater rules, promulgated through
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municipal National Pollutant Discharge Elimination System permits, as well 06
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as changes to city processes and the program requirements over time, o
necessitate the update of these code sections.
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F. The City finds that for clarity and ease of use, code Sections 7.05, and N
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7.07 should be combined into a single chapter. CN
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G. The ordinance was submitted to the Department of Commerce on 4
October 22, 2021.
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H. On October 22, 2021, the City's SEPA Responsible Official issued a �
Determination of Non-Significance for the proposed code amendment. a
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I. At its regularly scheduled meeting on January 10, 2022, the City of
Kent Land Use and Planning Board held a public hearing regarding the
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proposed code amendments.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: v
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ORDINANCE
SECTION 1. - Repeal. Chapter 7.05 of the Kent City Code, entitled
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"Storm and Surface Water Utility," is hereby repealed in its entirety.
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7.05 KCC and Repeal Chapter
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SECTION 2. - New Chapter. A new Chapter 7.05 of the Kent City
Code, entitled "Storm and Surface Water Utility," is hereby enacted as
follows:
Chapter 7.05
as
STORM AND SURFACE WATER UTILITY
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Sec. 7.05.010. Purpose. The purpose of this storm and surface 06
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water utility code section is to establish authority to operate and maintain °
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the stormwater utility, define requirements for connection to the stormwater co
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system, describe requirements and prohibitions for discharging stormwater
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to the stormwater utility system, describe the required standards for design, N
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construction, and maintenance of private stormwater facilities and N
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infrastructure, and define the enforcement mechanisms for ensuring 3
compliance with this chapter.
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Sec. 7.05.020. Definitions. As used in this chapter, the following
words, terms, and phrases shall have the meanings ascribed to them in this
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section, unless a different meaning is plainly required.
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A. Clean Water Act (CWA) means the federal Water Pollution Control Act 3
(33 U.S.C. 1251, et seq.), and any subsequent amendments thereto. E
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B. Detention means the temporary storage of storm and surface water
run-off with provisions for the controlled release of the stored water. U
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C. Detention facilities means facilities designed to hold runoff while E
gradually releasing it at a predetermined rate.
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D. Developer means the individuals or corporations applying for the
permits or approvals described in KCC 7.05.070.
E. Director means the City of Kent Public Works Director or designee.
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F. Emergency means a situation that poses an immediate risk to health,
life, property, or environment. Un
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G. Equivalent service unit (ESU) means a configuration of development °
or impervious surfaces estimated to contribute an amount of run-off to the co
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city's storm and surface water drainage system which is approximately equal
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to that created by the average single-family residential parcel. This excludes N
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the multiplier effects of continuous areas of impervious surfaces larger than N
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an ESU. One (1) ESU is equal to two thousand five hundred (2,500) square 3
feet of impervious surface area or any portion thereof.
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H. Flow control facility means a drainage facility designed in accordance
with the drainage requirements in this chapter to mitigate the impacts of
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increased stormwater runoff generated by site development. A flow control
facility is designed to hold water for a considerable length of time and then
release it by evaporation, plant transpiration, infiltration into the ground 3
and/or to hold runoff for a short period of time and then release it to the E
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conveyance system. 4n
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I. Impervious multiplier means a multiplier used in the city storm and U
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surface water utility rate formula which reflects the hydraulic impact of
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increasing percentages of impervious surface area. The effect of such E
multiplier is to increase the monthly service charge for parcels having a
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higher ratio of impervious surface area to total surface area.
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J. Impervious surface means that hard surface area which either
prevents or retards the entry of water into the soil mantle as it entered under
natural conditions preexistent to development, or that hard surface area
which causes water to run off the surface in greater quantities or at an
increased rate of flow from that present under natural conditions preexistent
to development. Common impervious surfaces include but are not limited to
rooftops, concrete or asphalt paving, paved walkways, patios, driveways, Un
parking lots or storage areas, and oiled, macadam, crushed rock, or other 06
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surfaces which similarly impede the natural infiltration of surface water. °
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K. Maintenance means the act or process of cleaning, repairing, or
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preserving a system, unit, facility, structure or piece of equipment. N
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L. National Pollutant Discharge Elimination System (NPDES) means the 3
permitting program under the Clean Water Act for preventing and reducing
the discharge of pollutants to surface waters of the state.
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M. Parcel means the smallest separately segregated unit or plot of land
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having an identified owner, boundaries, and surface area which is
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documented for tax purposes and given a tax account (lot) number by the 0)
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King County assessor. 3
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N. Parcel, agricultural means any parcel of land upon which crops are
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produced or livestock is raised, and may include houses, barns,
greenhouses, and other structures related to farming activities. Agriculture U
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includes both commercial and noncommercial activities. This does not
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include parcels zoned primarily for single-family residence. E
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O. Parcel, developed means any parcel which has been altered by
grading or filling of the ground surface or by construction of any
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improvement or other impervious surface area which affects the hydraulic
properties of the parcel.
P. Parcel, single-family residential means any parcel of land with a single
detached building containing only one residential housing unit that is
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completely separated from any other structure, except its own garage or
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shed. n
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Q. Parcel, undeveloped means any parcel which has not been altered by °
grading or filling of the ground surface, or by construction of any CO
improvements or other impervious surface area which affects the hydraulic
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properties of the parcel. N
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R. Pollutant means anything that causes or contributes to pollution. 4
Pollutants may include, but are not limited to: oil and gas, paint, metals,
biological contamination, solvents, human and animal wastes, dirt and 4-
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sediment. °'
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S. Rainwater harvesting system means a system that is properly sized 2
to utilize the available roof surface on any new or remodeled commercial
building, which complies with the guidelines established by the Washington 3
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State Building Code Council for a harvesting system that collects and stores E
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rainwater for the purpose of supplying water to plumbing fixtures, industrial
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applications, or used for irrigation purposes.
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T. Retention means the storage of storm and surface water runoff with
no provisions for release of the stored water other than by evaporation, plant E
transpiration and/or infiltration. r
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U. Stormwater means any surface flow, runoff, and drainage consisting
of water from any form of natural precipitation, and resulting from such
precipitation.
V. Stormwater system means facilities through which stormwater is
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collected, conveyed, or treated, including but not limited to inlets,
conveyance pipes, pumping facilities, retention and detention basins, water Un
quality facilities, drainage channels, infiltration facilities, and other drainage 06
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structures. °
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W. Surface Water Design Manua/ means the manual of technical and
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administrative procedures established by the public works department N
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which delineates methods to be used, the level of detail of analysis required, N
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and other details for implementation of the provisions of this surface water 3
and drainage code.
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X. Waters of the state means those waters as defined as "waters of thecc
United States" in 40 CFR 122.2, within the geographic boundaries of the
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state of Washington, and those "waters of the state" as defined in
Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland
waters, underground waters, salt waters, and all other surface waters and 3
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watercourses within the jurisdiction of the state of Washington. E
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Y. Water quality standards means surface water quality standards -
Chapter 173-201A of the Washington Administrative Code (WAC), U
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groundwater quality standards - Chapter 173-200 WAC, and sediment
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management standards - Chapter 173-204 WAC. E
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Sec. 7.05.030. Storm and surface water utility created.
A. There is hereby created and established the storm and surface water
utility of the City of Kent under which the provisions of this chapter shall be
carried out.
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B. The Director is authorized to administer, implement, and enforce the Un
provisions of this chapter. The Director may establish inspection programs 06
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to ensure compliance with the requirements of this chapter and the Western °
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Washington Phase II Municipal Stormwater Permit. co
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Sec. 7.05.040. Storm and surface water system. There is N
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hereby specified and adopted the storm and surface water system shown on N
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the city's geographic information system geodatabase (electronic maps). 3
A. Facility ownership. The utility owns all elements of the public storm
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and surface water system, including those systems located in public rights-
of-way and in easements or tracts dedicated to and accepted by the utility
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to the extent that public ownership is indicated as a matter of record or by
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law. Maintenance responsibility may be delegated in a separate agreement.
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B. Accepting ownership of private facilities. The utility may accept E
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ownership (or other property rights) and maintenance responsibility forco
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privately built drainage facilities when all of the following conditions are met:
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1. Ownership of the private drainage facility by the utility would
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provide a public benefit; E
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2. Necessary and appropriate property rights are offered by the
property owner at no cost;
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3. The private drainage facility substantially meets current code
and engineering standards, as determined by the utility, or is brought up to
current code and engineering standards by the property owner;
4. The site has access for facility maintenance in accordance with
criteria provided in the code and the engineering standards; Un
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5. The utility has adequate resources to maintain the facility; °
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6. In the case of runoff control or water quality facilities, the
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private drainage facility serves a residential subdivision or short plat (rather N
than a commercial property or an individual single-family residence or N
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duplex); and 3
7. The private drainage facility is transferred to the utility by bill
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of sale at no cost to the city.
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Sec. 7.05.050. Drainage master plan adopted. The plan entitled
City of Kent Drainage Master Plan prepared by the City, dated 2008, and
filed with the city clerk, a copy of which is maintained at the Public Works 3
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Department, is hereby specified and adopted by the City as the system or E
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plan for such surface drainage utility. The drainage master plan sets forth
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recommendations for:
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A. Improvements in the city's system of storm and surface water c
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facilities; E
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B. Construction of needed new storm and surface water facilities; and
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C. Operation and maintenance of storm and surface water facilities
within the utility's service area.
Sec. 7.05.060. Compliance with city standards. All storm and
surface water systems, whether public or private, or whether upon private
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or public property, shall be designed, installed, and maintained in strict
accordance with the Kent Surface Water Design Manual and the Kent Design Un
and Construction Standards and any other applicable city codes, standards, 06
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and ordinances. All construction and maintenance of those systems shall be °
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subject to the inspection by the Director. co
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Sec. 7.05.070. Permits required. A permit is required for all work N
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to construct, install, modify, place, or attempt to construct, install, modify, N
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or place any storm or surface water drainage structure or facility within the 3
city and must be obtained before any work begins. This section shall not be
construed to duplicate any other existing city requirements.
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Sec. 7.05.080. Inspection of private drainage facilities.
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A. The Director is authorized to establish inspection programs to ensure
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compliance with the requirements of this chapter and to accomplish its 3
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purposes. Inspection programs may be established on any reasonable basis, E
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including but not limited to: routine inspections; random inspections;
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inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical U
sources of sediment or other pollutant or pollutants; inspections of
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businesses or industries of a type associated with higher than usual E
discharges of pollutant or pollutants; and joint inspections with other 2
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agencies inspecting under environmental or safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair records;
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sampling discharges, surface water, groundwater, and material or water in
drainage control facilities; screening for or tracking illicit discharges or illicit
connections; and evaluating the condition of drainage control and water
quality facilities and other Best Management Practices, including those
located on private property.
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B. If upon inspection, it is determined that the facility contains pollutant Un
sources that are not mitigated adequately according to the Kent Surface 06
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Water Design Manual and Kent City Code, notice may be given that pollutant °
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source control Best Management Practices must be constructed or CO
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implemented for pollutant generating sources. Failure to implement Best
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Management Practices shall be a violation of this chapter. N
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Sec. 7.05.090. Re-Inspection. 3
A. If a violation of this chapter or other applicable federal, state, or local
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code provision is discovered in an inspection, a re-inspection must be
requested after the violation has been corrected. Safe access to re-inspect
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the corrective work must be provided.
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B. The Director may impose a re-inspection fee on any account for storm 3
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drainage facilities found not to be within compliance of this chapter. This E
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inspection fee shall be independent of any current or future penalties
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enforced through this chapter. Re-inspection fees shall be applied if re-
inspection occurs beyond the normal routine of inspection and verification U
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of maintenance or correction of the function of the stormwater system or
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facilities or nonstormwater discharges to the stormwater drainage system, E
surface water bodies, or groundwater.
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Sec. 7.05.100. Entry onto premises. With the consent of the
owner of any premises, through permissions granted or pursuant to a
lawfully issued warrant, Public Works Department staff may enter any
premises at any reasonable time to perform the duties imposed by this
chapter. No consent, warrant, or permission is required to enter those areas
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open to the public generally or to which no reasonable expectation of privacy
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exists. )
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Sec. 7.05.110. Declaration of emergency. If an emergency °
exists that could cause harm or damage to humans, property, or the CO
environment, the Director may authorize representatives of the utility or
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enforcement officers to take necessary abatement action, to conduct N
inspections, take remedial action, or to carry out other duties imposed or N
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required by this code subject to the provisions of this chapter. 4
Sec. 7.05.120. System of charges. 4-
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A. The following charges are hereby established for all parcels of real D
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property in the city:
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1. Single-family residential parcels. The single-family residential 3
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rate shall be as follows: E
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Charged in Dollars Per Month, Per Single-
Family Residential Dwelling
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Effective January 1, Effective January 1, Effective January 1, E
2019 2020 2021
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$12.81 $13.03 $13.16
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2. Agricultural and undeveloped parcels. Agricultural parcels shall
be charged the monthly single-family residential parcel rate.
3. Undeveloped parcels. Undeveloped parcels shall not be
charged.
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4. Other parcels. rn
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a. The charge for all other parcels except single-family °
residential parcels, agricultural parcels, and undeveloped parcels shall be
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based upon:
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i. The total amount of impervious surface as N
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expressed in equivalent service units (an equivalent service unit (ESU) has 3
been determined to be two thousand five hundred (2,500) square feet of
impervious surface or any fraction thereof); and
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ii. The percentage of impervious surface area on
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each parcel.
as
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b. The charge for all such parcels shall be computed: 3
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i. By multiplying the total number of ESUs on each
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parcel by the parcel's impervious multiplier established in subsection
(A)(4)(c) of this section; and U
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ii. Multiplying the results by the single-family E
residential rate.
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C. Impervious multipliers are hereby established:
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I.
Percentage of
impervious area
per parcel
(impervious
surface/total Impervious
surface x 100) multiplier
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1 to 40 1 06
41 to 60 1.2 E
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61 to 80 1.4 in
81to 100 1.6
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ii. Impervious multipliers correlate the hydraulic N
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impact of a parcel to its percentage of impervious surface per parcel. The
multiplier for the average single-family residence is established as one (1). N
The multiplier linearly increases as the percentage of impervious area
increases. The final category has a multiplier of one and six-tenths (1.6)
which reflects the hydraulic impact on the drainage system compared to the
impact of an average single-family residence. a
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5. Road systems. The impervious surface area for city roads shall
be assessed thirty (30) percent of the charge established in subsection U
(A)(4) of this section for impervious service areas. Un
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6. Undeveloped parcels shall be subject to all charges established CO
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under this section upon development. Development shall be determined by �
the date of issuance of a building permit or any other permit for development Y
purposes or as otherwise established by the Director.
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B. Beginning January 1, 2018, and on the first day of each calendar year a
thereafter, the total storm and surface water system of charges set forth in
this section will adjust by the Consumer Price Index (CPI), specifically the
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CPI-W Seattle-Tacoma-Bellevue, measured from June 1st through June 1st
of the previous calendar year, if the CPI-W reflects an upward adjustment
from the previous annual June to June period. For the years 2018 through
2022 the adjustment will not exceed 2.4 percent of the total rate, but after
that, beginning January 1, 2023, any increase in the CPI will not be subject
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to this 2.4 percent limit. In order to simplify the rate-making structure, the
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Finance Director is authorized to amend the rate each year to reflect the CPI
adjustment. 06
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Sec. 7.05.130. Measurement of impervious area. The Director CO
shall determine the number of square feet of impervious surface in all non
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single-family residential parcels, excluding agricultural and undeveloped N
parcels, and the total surface area of each parcel of real property, through N
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the records of the King County assessor and through aerial photographic or
geographic information system methods; provided, that the methods used
ensure accuracy to one-tenth (0.1) of an equivalent service unit as defined 4-
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in this chapter.
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Sec. 7.05.140. Billing and collection. Storm and surface water
utility charges for each parcel of real property within the city shall be
computed on a monthly basis. The amount billed shall be included on the 3
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city utility bill. Drainage accounts within the city water and sewer service E
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area are billed monthly, as are commercial drainage accounts outside the
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city water and sewer service area. Single family residential drainage
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accounts outside the city water and sewer service area are billed on a
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quarterly basis. All billings, collections, delinquencies, and related
administrative matters shall be handled in a manner consistent with Chapter E
7.01 KCC.
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5.b
Sec. 7.05.150. Rate reductions — credits. At the direction of the
Director, the Finance Director shall reduce (credit) the normal storm and
surface water utility charge for a parcel of real property when the Public
Works Department finds:
A. The owner of a parcel, other than a single-family residential parcel,
has installed an approved onsite water quality or flow control facility which Un
exceeds the requirements set forth in the City of Kent Surface Water Design 06
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Manual at the time of the development of such a parcel. No credit shall be °
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given for mitigating measures which are required to meet any ordinance, CO
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regulation, other control, or standard established by the city, or the state.
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Such credits shall be commensurate with the mitigating effects so that the N
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reduction in rates will be in approximate proportion to the reduction in run- N
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off volumes or pollutants. In no case shall such a credit result in a rate less 3
than the monthly charge for a single-family residential parcel. Such a credit
will remain in effect so long as:
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1. The owner of such a facility has obtained the proper permits
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and constructed the system according to plans approved by the Director;
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2. The owner remains responsible for all costs of operation and 3
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maintenance of the facility consistent with city standards, whether operated E
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and maintained by the owner or by the City; CO
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3. The Director has access for inspection of the facility to U
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determine if it is in compliance with design and maintenance standards and
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is functioning properly; and E
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4. The owner maintains the facility in accordance with the
operation and maintenance standards in the Kent Surface Water Design
Manual.
B. The owner or renter of a new or remodeled commercial building is
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utilizing a permissive rainwater harvesting system, as defined in
KCC 7.05.020. In such cases, and in accordance with RCW 35.67.020 and Un
35.92.020, the owner or renter shall receive a credit equal to a minimum 06
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ten (10) percent rate reduction. The Director will consider rate reductions in °
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excess of ten (10) percent depending upon the amount of rainwater co
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harvested.
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C. The owner or renter of a single-family residential parcel of real N
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property qualifies under KCC 7.01.070 for lifeline utility rates. In such cases, 3
the qualifying customer shall receive a rate reduction of ninety (90) percent.
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Sec. 7.05.160. Drainage systems development charge.
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A. The City shall assess and collect a drainage systems development
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charge against all new development or redevelopment in the amount of
$2,638.35 per ESU (2021 charge), as defined in KCC 7.05.120(A)(4). This 3
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drainage system development charge will increase annually, on the first day E
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of each calendar year, by an amount equal to the percentage increase in the
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Construction Cost Index for Seattle-Tacoma-Bremerton for the twelve (12)
month period October 1st through September 30th of the previous calendar U
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year.
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B. All drainage system development charges collected by the storm and
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surface water utility shall be placed in a separate revenue account for the
storm and surface water utility.
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Sec. 7.05.170. Mitigation of system impact — developer
contributions. The Public Works Department is hereby authorized to
require mitigation of impacts on storm water drainage facilities pursuant to
this chapter and Chapter 11.03 KCC in addition to the standard system
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development charges in this chapter. Payment of a fair and equitable pro
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rata portion of specific offsite storm and surface water drainage cn
improvements necessitated by new development may be required. Such 06
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mitigation of offsite impacts shall be made in addition to any other °
requirements of the City for onsite improvements, including system CO
development charges. All developer contributions shall be placed in a
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separate revenue account for the storm and surface water utility, earmarked N
for specific projects or improvements, and utilized solely for such purposes. N
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Where a developer is required to completely finance offsite storm or surface 3
water drainage facilities, the developer may apply for a latecomer
agreement per Chapter 6.05 KCC. 4-
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Sec. 7.05.180. Storm and surface water utility accounting. All D
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monies obtained pursuant to this chapter shall be segregated, credited, and 2
deposited to the credit of storm and surface water utility. The monies
deposited shall be expended only for administering, operating, maintaining, 3
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or improving storm and surface water drainage facilities, including all or any E
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part of the cost of planning, designing, financing, acquiring, constructing, °i LO
maintaining, repairing, replacing, improving, or operating present or future
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storm and surface water drainage facilities owned by the utility. Monies shall
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not be transferred to any other funds of the City except to pay for expenses
directly attributable to storm and surface water drainage. E
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Sec. 7.05.190. Appeals to land use hearing examiner. Any
owner who disputes the amount of a charge pursuant to this chapter or who
disputes any determination made by or on behalf of the City pursuant to and
by authority of this chapter may petition the hearing examiner in writing for
a hearing on a revision or modification of such charge or determination, no
later than twenty (20) days after having been billed for such charge or after Un
having been notified of such determination. The petition shall be filed with 06
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the city clerk. At the time of filing of the appeal, the feepayer shall pay the °
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fee set by council resolution for City of Kent planning and land use fees, CO
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"appeal of administrative interpretation/decision". The petition shall identify
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the property, describe all improvements or proposed improvements, and N
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allege specific errors in a charge or the basis for the challenge of a N
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determination. For purposes of this subsection, notice of determination shall 3
be effective upon the date of mailing, postage prepaid to the address of the
person seeking the determination. Notice of charges shall be the account
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billing date; provided, that a reduction or increase in charges shall only be
allowed from that billing date forward, for which an appeal is filed. Pending
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hearing and final decision, the owner shall pay current charges. Failure to
pay current charges shall result in dismissal of the appeal by the hearing
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examiner. 'c
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Sec. 7.05.200. Violations and enforcements - penalties. Any
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violation of any provision of this chapter may be enforced as provided for in
this section. Each separate date, or portion thereof, during which any U
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violation occurs shall constitute a separate violation.
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A. Recovery of costs incurred by the City. In addition to any penalty
provided for in subsections (B) through (D) of this section, a person who a
violates any of the provisions of this chapter shall be liable for all costs
incurred by the City as a result of the violation. The City will issue an invoice
19 Repeal and Replace Chapter
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5.b
to the person responsible for the violation advising him or her of the amount
of costs incurred by the City as a result of the violation. The person to whom
the invoice was directed must respond within fourteen (14) calendar days
of the date the invoice is served upon that person by: (1) paying the invoice,
(2) requesting a hearing before the City's hearing examiner to mitigate the
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amount of the invoice, or (3) requesting a hearing before the City's hearing
examiner to contest the amount of the invoice. Failure to timely respond Un
shall result in the invoice being deemed valid and the City may seek 06
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collection of the invoice through the process provided for in Chapter 3.10 °
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KCC, including the use of a collection agency. Payment of any invoice issued CO
shall not alleviate the person responsible for the violation from complying CD
with this chapter. N
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1. Service of notice. Service of an invoice issued under this c
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subsection (A) shall occur and is deemed complete in the same manner and
under the same provisions as provided for in KCC 1.04.060.
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2. Process to mitigate or contest invoice. The process through
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which a person may request a hearing to contest or mitigate an invoice
issued to him or her as a person responsible for the violation is the same as '
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that provided for notices of violation under KCC 1.04.120 through 1.04.190.
The hearing examiner's decision as to any invoice issued under this ,U
subsection (A) is final and may not be further appealed. Un
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3. Failure to pay - Civil infraction. The failure to timely pay an CO
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invoice issued under this subsection (A), or any mitigated invoice amount
set by the hearing examiner, is a separate violation that may be enforced Y
through the issuance of a civil infraction pursuant to subsection (B) of this
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section. E
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B. Civil infraction. A person who violates any provision of this chapter a
may be issued a class 1 civil infraction as set forth in RCW 7.80.120, as
currently enacted or hereafter amended. An infraction issued pursuant to
20 Repeal and Replace Chapter
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5.b
this section shall be filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court. In
addition, a civil code enforcement action may be instituted in accordance
with subsection (C) of this section to effectuate any abatement or corrective
action required by the person as a result of the violation.
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C. Civil code enforcement. In addition to, or as an alternative to, any ;
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other penalty provided for in this chapter or by law, a civil code enforcement 06
action may be instituted under the provisions provided for in Chapter 1.04
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KCC to effectuate any abatement or corrective action required as a result of U)
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a violation of this chapter, including the issuance of a stop use or stop work N
order under KCC 1.04.090 through 1.04.110. The process through which N
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the person responsible for the violation may contest a stop use or stop work
order is the same as that provided for notices of violation under KCC c
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1.04.120 through 1.04.190. Failure to timely abate the violation or take the
required corrective action will result in the issuance of a fine in accordance
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with KCC 1.04.080 and 1.04.200, which fine will be separate and apart fromi
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any fine that may have been issued under subsection (B) of this section.
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D. Criminal offense. Except as may otherwise be provided, a person '
who:
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1. Negligently violates a provision of this chapter is guilty of a
misdemeanor, punishable by up to the maximum penalty established in E
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RCW 9A.20.021(3) as now enacted or hereafter amended; or who CO
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2. Knowingly violates a provision of this chapter, or commits a U
repeated violation of this chapter, is guilty of a gross misdemeanor, Y
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punishable by up to the maximum penalty established in RCW
9A.20.021(2), as now enacted or hereafter amended.
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a. For purposes of this section repeated violation means,
as evidenced by either a prior committed finding by the Kent Municipal Court
21 Repeal and Replace Chapter
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5.b
of an infraction issued under this chapter, or a committed finding by the
hearing examiner of a notice of violation issued under Chapter 1.04 KCC, or
a committed finding by operation of law under KCC 1.04.130, that a
violation of this chapter has occurred on the same property or that a person
responsible for the violation has committed a violation of this chapter
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elsewhere within the City of Kent. To constitute a "repeat violation," the
violation need not be the same violation as the prior violation. Un
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3. If a person is found guilty of a criminal offense as provided for
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in this subsection (D), or pleads guilty to another offense on U)
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recommendation of the prosecutor, the court shall order the defendant pay N
restitution to the City of Kent, or any other victim of the offense, for the N
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total suffered loss or damage by reason of the commission of the crime.
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E. Business License Revocation. In addition to any other penalty 3
imposed, the director may seek revocation of a business license held by the
person or business related to a violation of this chapter pursuant to Chapter E
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5.01 KCC.
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7.05.210. Joint and several responsibility. Responsibility for
violations of this chapter is joint and several, and the City is not prohibited cc
from taking action against a party where other persons may also be U
potentially responsible for a violation, nor is the City required to take action
against all persons potentially responsible for a violation. E
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SECTION 3. - Repeal. Chapter 7.07 of the Kent City Code, entitled o
"Surface Water and Drainage Code," is hereby repealed in its entirety.
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SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance a
and the same shall remain in full force and effect.
22 Repeal and Replace Chapter
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5.b
SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 6. - Effective Date. This ordinance shall take effect and be U)
06
in force thirty (30) days from and after its passage, as provided by law. E
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1-1
DANA RALPH, MAYOR Date Approved N
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ATTEST: 3
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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APPROVED AS TO FORM: ,U
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ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY co
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LAND USE AND PLANNING BOARD
220 Fourth Avenue South
Kent, WA 98032
KENT
WASHINGTON
DATE: January 10, 2022
TO: Land Use and Planning Board
FROM: Economic & Community Development
SUBJECT: Legal Responsibilities for Members of LUPB
SUMMARY: Kaelene will provide training about the legal responsibilities for yearly
public records/Public Meetings Act.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 39