HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/08/2021
Land Use and Planning Board
Monday, November 8, 2021
6:00 PM
Chambers
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 884 1732 9246
Chair Ali Shasti
Vice Chair Shane Amodei Katherine Jones
Joseph O'Toole Dione Dittmar
Sally McDonough Michael Purwal
**************************************************************
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 02 MIN.
3. Approval of the Minutes YES Chair 01 MIN.
YES
1. Approval of September 27, Chair 05 MIN.
2021 Minutes
4. Changes to the Agenda Chair 01 MIN.
5. Action Items YES Chair 01 MIN.
YES
1. Board Elections Hayley Bonsteel, AICP, 10 MIN.
Long Range Planning
Manager
YES
2. Storm and Surface Water Laura Haren, 20 MIN.
Utility Ordinance - General Environmental
Update of KCC 7.05 and Conservation Analyst
7.07
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.
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
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Pending Approval
Land Use and Planning Board
Land Use Regular Meeting
Minutes
September 27, 2021
Date: September 27, 2021
Time: 6:00 p.m.
Place: Chambers
Attending: Ali Shasti, Chair
Shane Amodei, Vice Chair
Katherine Jones,
Joseph O'Toole,
Dione Dittmar,
Sally McDonough,
Michael Purwal
Agenda:
1. Call to Order 6:00 p.m.
Attendee Name Title Status Arrived
Ali Shasti Chair Present
Shane Amodei Vice Chair Present
Katherine Jones Present
Joseph O'Toole Present
Dione Dittmar Present
Sally McDonough Present
Michael Purwal Present
3. Approval of Minutes dated July 26, 2021
MOTION: Move to approve the Minutes dated July 26, 2021
RESULT: APPROVED \[UNANIMOUS\]
AYES: Shasti, Amodei, Jones, O'Toole, Dittmar, McDonough, Purwal
4. Changes to the Agenda
No changes or additions.
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5. King County Candidate Countywide Center Application
City of Kent staff applied on August 30, 2021, to designate a 250-acre
portion of the East Hill as a Candidate Countywide Growth Center under King
Co
would help transportation projects within this area be as competitive as
possible for funding; however, if chosen, additional planning efforts are
needed to be eligible for official application in 2024.
Countywide Centers are emerging as an opportunity to designate areas of
growth that are a lower level of regional significance but still deserving of
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Land Use and Planning Board Land Use Regular September 27, 2021
Meeting Kent, Washington
Minutes
investment; transportation funders are interested in identifying candidates
for designation for funding competitions in 2022, in advance of the official
designation. Growth centers serve an essential role in equitably
concentrating jobs, housing, shopping, and recreational opportunities, and
staff is working hard to ensure Kent attracts needed investments to ensure
the growth is supported and sustainable.
The purpose of this agenda item is to walk through the center application,
show the location, and expand upon future planning opportunities for Kent
East Hill.
6. Upcoming Grant Opportunities from Department of Commerce
Two grant opportunities were recently announced that could fund various
long range planning efforts for the City of Kent. Both grants require
applications to be submitted by October 7, 2021; staff are collecting
feedback on options for both grants.
Housing Action Plan Implementation (HAPI) grants of up to $100,000 are
available for cities that have adopted Housing Action Plans - like the recently
adopted KHOP. Possible implementation projects from KHOP for this grant
could include middle housing code amendment support, collaborating with
SKHHP on establishment of a monitoring system for naturally occurring and
subsidized affordable housing, and/or further work related to mobile home
park preservation.
Transit-Oriented Development Implementation (TODI) grants, also at up to
$100,000, are available for cities to facilitate TOD in areas of high capacity
transit including bus rapid transit. Subarea plans, environmental review, and
local code amendments are all eligible costs; with several bus rapid transit
lines coming to Kent in the near future, there is great opportunity for Kent to
update land use in response to these transit investments. Specific options
include studying several future RapidRide corridors at a higher level, or
focusing on the RapidRide I line and completing a subarea plan and new
zoning for station areas along that corridor. Given the recent application for
Canyon Ridge Center (along the I-line) to be designated a countywide center
candidate, staff are interested in input on these options and how they can
support various city planning efforts.
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7. Adjournment p.m.
Tanya Kosen
Committee Secretary
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LAND USE AND PLANNING BOARD
220 Fourth Avenue South
Kent, WA 98032
DATE: November 8, 2021
TO: Land Use and Planning Board
FROM: Economic and Community Development
SUBJECT: Board Elections
MOTION: I nominate ____ to be chair and ___ to be vice chair.
SUMMARY: LUPB elections for chair and vice chair happen yearly in November.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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LAND USE AND PLANNING BOARD
220 Fourth Avenue South
Kent, WA 98032
DATE: November 8, 2021
TO: Land Use and Planning Board
FROM: Public Works
SUBJECT: Storm and Surface Water Utility Ordinance - General Update
of KCC 7.05 and 7.07
MOTION: Recommend Council adopt an ordinance repealing and readopting Chapter
hapter 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 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:
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
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publicly and privately owned sites that have the potential to discharge pollutants.
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.
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. Kent City Code 7.05 Storm Surface Water Utility Update (PDF)
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ORDINANCE NO.
AN ORDINANCEof the City Council of the
City of Kent, Washington, repealing and readopting
Chapter 7.05 of the Kent City Code, entitled “Storm
and Surface Water Utility,” combining and
consolidating sections fromChapter 7.07, entitled
“Surface Water and Drainage Code,” and then
repealing Chapter 7.07.
RECITALS
A. The city finds that all real property in the city contributes run-off to
the common drainage problem, and that all real property in the city benefits
from the storm and surfacewater utility system in the city.
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
an appropriate basis for determination of an individual parcel’s contribution
to the problem of storm and surfacewater run-off.
C. The city finds that each owner of a parcel of real property within the
city should pay theirshare of the cost of constructing, operating,
maintaining, repairing, improving and replacing drainage facilities in
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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.
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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.
E.The city finds that new state stormwater rules, promulgated through
municipal National Pollutant Discharge Elimination Systempermits,as well
as changes to city processes and the program requirements over time,
necessitate the update of these code sections.
F.The city finds that for clarity and ease of use, code sections7.05,and
7.07 should be combined into a single chapter.
G.The ordinance was submitted to the Department of Commerce on
_____________.
H.On ____, 2021, the City’s SEPA Responsible Official issued a
Determination of Non-Significance for the proposed code amendment.
I.At its regularly-scheduled meeting on ____, the ____ held a public
hearing regarding the proposed code amendments.
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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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SECTION 2.–New Chapter.A newChapter 7.05 of the Kent City
Code, entitled “Storm and Surface Water Utility,” is hereby enacted as
follows:
Chapter 7.05
STORM AND SURFACE WATER UTILITY
Sec. 7.05.010. Purpose.The purpose of this stormand
surface water utility code section is toestablish authority to operate and
maintain the stormwater utility,define requirements for connection to the
stormwater system,describe requirements and prohibitions for discharging
stormwater to the stormwater utility system,describe the required
standards for design, construction, and maintenance of private stormwater
facilities and infrastructure, anddefine the enforcement mechanisms for
ensuring compliance with this Chapter.
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
section, unless a different meaning is plainly required.
A.Clean Water Act (CWA)means the federal Water Pollution Control Act
(33 U.S.C. 1251, et seq.), and any subsequent amendments thereto.
B.Detentionmeansthe temporary storage of storm and surface water
run-off with provisions for the controlled release of the stored water.
C.Detention facilitiesmeansfacilities designed to hold runoff while
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gradually releasing it at a predetermined rate.
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D.Developermeansthe individuals or corporations applying for the
permits or approvals described in KCC7.05.070.
E.Directormeans the city of Kent Public Works Directoror designee.
F.Emergencymeans a situation that poses an immediate risk to health,
life, property, or environment.
G.Equivalent service unit (ESU) meansa configuration of development
or impervious surfaces estimated to contribute an amount of run-off to the
city’s storm and surface water drainage system which is approximately equal
to that created by the average single-family residential parcel. This excludes
the multiplier effects of continuous areas of impervious surfaces larger than
an ESU. One (1) ESU is equal to two thousand five hundred (2,500) square
feet of impervious surface area or any portion thereof.
H.Flow control facilitymeans a drainage facility designed in accordance
with the drainage requirements in this chapter to mitigate the impacts of
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
and/or to hold runoff for a short period of time and then release it to the
conveyance system.
I.Impervious multipliermeansa multiplier used in the city storm and
surface water utility rate formula which reflects the hydraulic impact of
increasing percentages of impervious surface area. The effect of such
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multiplier is to increase the monthly service charge for parcels havinga
higher ratio of impervious surface area to total surface area.
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J.Impervious surfacemeans 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. Commonimpervious surfacesinclude but are not limited to
rooftops, concrete or asphalt paving, paved walkways, patios, driveways,
parkinglotsor storage areas, and oiled, macadam, crushed rock,or other
surfaces which similarly impede the natural infiltration of surface water.
K.Maintenancemeans the act or process of cleaning, repairing,or
preserving a system, unit, facility, structure or piece of equipment.
L.National Pollutant Discharge Elimination System (NPDES)means the
permitting programunder the Clean Water Actfor preventing andreducing
the discharge of pollutants to surface waters of the state.
M.Parcelmeansthe smallest separately segregated unit or plot of land
having an identified owner, boundaries, and surface area which is
documented for tax purposes and given a tax account (lot) number by the
King County assessor.
N.Parcel, agricultural meansany parcel of land upon which crops are
produced or livestock is raised, and may include houses, barns,
greenhouses, and other structures related to farming activities. Agriculture
includes both commercial and noncommercial activities.This does not
include parcels zoned primarily for single-family residence.
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O.Parcel, developedmeansany 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 meansany parcel of land with a single
detached building containing only one residential housing unit that is
completely separated from any other structure, except its own garage or
shed.
Q.Parcel, undevelopedmeansany parcel which has not been altered by
grading or filling of the ground surface, or by construction of any
improvements or other impervious surface area which affects the hydraulic
properties of the parcel.
R.Pollutantmeans anything that causes or contributes to pollution.
Pollutants may include, but are not limited to: oil and gas, paint, metals,
biological contamination, solvents, human and animal wastes, dirt and
sediment.
S.Rainwater harvesting systemmeansa system that is properly sized
to utilize the available roof surface on any new or remodeled commercial
building, which complies with the guidelines established by the Washington
State Building Code Council for a harvesting system that collects and stores
rainwater for the purpose of supplying water to plumbing fixtures, industrial
applications, or used for irrigation purposes.
T.Retentionmeans the storage of storm and surface water runoff with
no provisions for release of the stored water other than by evaporation, plant
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transpiration and/or infiltration.
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U.Stormwatermeans any surface flow, runoff, and drainage consisting
of water from any form of natural precipitation, and resulting from such
precipitation.
V.Stormwater systemmeans facilities through which stormwater is
collected, conveyed, or treated, including but not limited to inlets,
conveyance pipes, pumping facilities, retention and detention basins, water
qualityfacilities, drainage channels, infiltration facilities, and other drainage
structures.
W.Surface Water Design Manualmeans the manual of technical and
administrative procedures established by the public works department
which delineates methods to be used, the level of detail of analysis required,
and other details for implementation of the provisions of this surface water
and drainage code.
X.Waters of the statemeans those waters as defined as “waters of the
United States” in 40 CFR 122.2, within the geographic boundaries of the
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
watercourses within the jurisdiction of the state of Washington.
Y.Water quality standardsmeans surface water quality standards –
Chapter 173-201A of the Washington Administrative Code (WAC),
groundwaterquality standards –Chapter 173-200 WAC, and sediment
management standards –Chapter 173-204 WAC.
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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.
B. The director is authorized to administer, implement, and enforce the
provisions of this chapter.The director may establish inspection programs
to ensure compliance with the requirements of this chapter and the Western
Washington Phase II Municipal Stormwater Permit.
Sec. 7.05.040. Storm and surface water system. There is
hereby specified and adopted thestorm and surface water systemshown on
the city’s geographic information system geodatabase (electronic maps).
A.Facility Ownership. The utility owns all elements of the public storm
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
to the extent that public ownership is indicated as a matter of record or by
law.Maintenance responsibility may be delegated in a separate agreement.
B.Accepting Ownership of Private Facilities. The utility may accept
ownership (or other property rights) and maintenance responsibility for
privately built drainage facilities when all of the following conditions are met:
1.Ownership of the private drainage facility by the utility would
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provide a public benefit;
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2.Necessary and appropriate property rights are offered by the
property owner at no cost;
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;
5.The utility has adequate resources to maintain the facility;
6.In the case of runoff control or water quality facilities, the
private drainage facility serves a residential subdivision or short plat (rather
than a commercial property or an individual single-family residence or
duplex); and
7.The private drainage facility is transferredto the utility by bill
of sale at no cost to the city.
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
department, is hereby specified and adopted by the city as the system or
plan for such surface drainage utility. The drainage master plan sets forth
recommendations for:
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1.Improvements in the city’s system of storm and surface water
facilities;
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2.Construction of needed new storm and surface water facilities; and
3. 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
or public property, shall be designed, installed, and maintained in strict
accordance with the Kent Surface Water Design Manual and the Kent Design
and Construction Standards and any other applicable city codes, standards,
and ordinances. All construction and maintenance of those systems shall be
subject to the inspection by the director.
Sec. 7.05.070. Permitsrequired. A permit is required for all work
toconstruct, install, modify,place, or attempt to construct, install,modify,
or place any storm or surface water drainage structure or facility within the
cityand must be obtained before any work begins. This section shall not be
construed to duplicate any other existing city requirements.
Sec. 7.05.080. Inspection of private drainagefacilities.
A.The director is authorized to establish inspection programsto ensure
compliance with the requirements of this chapter and to accomplish its
purposes. Inspection programs may be established on any reasonable basis,
including butnot limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
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sources of sediment or other pollutant or pollutants; inspections of
businesses or industries of a type associated with higher than usual
discharges of pollutant or pollutants; and joint inspections with other
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agencies inspecting under environmental or safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair records;
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.
B.If upon inspection, it is determined that the facility contains pollutant
sources that are not mitigated adequately according to the KentSurface
Water Design Manual and Kent city code, notice may be given that pollutant
source control Best Management Practices must be constructed or
implemented for pollutant generating sources.Failure to implement Best
Management Practices shall be a violation of this chapter.
Sec. 7.05.090. Re-Inspection.
A.If a violation of this chapter or other applicable federal, state, or local
code provision is discovered in an inspection, a re-inspection must be
requestedafter the violation has been corrected. Safe access to re-inspect
the corrective work must be provided.
B.The director may impose a re-inspection fee on any account for storm
drainage facilitiesfound not to be within compliance of this chapter. This
inspection fee shall be independent of any current or future penalties
enforced through this chapter. Re-inspection fees shall be applied if re-
inspection occurs beyond thenormal routine of inspection and verification
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of maintenance or correction of the function of the stormwater system or
facilities or nonstormwaterdischarges to the stormwater drainage system,
surface water bodies, orgroundwater.
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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
open to the public generally or to which no reasonable expectation of privacy
exists.
Sec. 7.05.110. Declaration of Emergency. If an emergency
existsthat could cause harm or damage to humans, property, or the
environment,the directormay authorize representatives of the utility or
enforcement officers to take necessary abatement action, to conduct
inspections, take remedial action, or to carry out other duties imposed or
required by this code subject to the provisions of this chapter.
Sec. 7.05.120. System of charges.
A.The following charges are hereby established for all parcels of real
property in the city:
1.Single-family residential parcels. The single-family residential
rate shall be as follows:
Charged in Dollars Per Month, Per Single-
Family Residential Dwelling
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Effective January 1, Effective January 1, Effective January 1,
201920202021
$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.
4.Other parcels.
a. The charge for all other parcels except single-family
residential parcels, agricultural parcels, and undeveloped parcels shall be
based upon:
i. The total amount of impervious surface as
expressed in equivalent service units (an equivalent service unit (ESU) has
been determined to be two thousand five hundred (2,500) square feet of
impervious surface or any fraction thereof); and
ii. The percentage of impervious surface area on each
parcel.
b. The charge for all such parcels shall be computed:
i. By multiplying the total number of ESUs on each parcel
by the parcel’s impervious multiplier established in subsection (B)(3)(c) of
this section; and
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ii. Multiplying the results by the single-family residential
rate.
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c. Impervious multipliers are hereby established:
i.
Percentage of
impervious area
per parcel
(impervious
surface/total Impervious
surface x 100)multiplier
1 to 401
41 to 601.2
61 to 801.4
81to 1001.6
ii. Impervious multipliers correlate the hydraulic
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).
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.
5.Road systems. The impervious surface area for city roads shall
be assessed thirty (30) percent of the charge established in subsection
(B)(3) of this section for impervious service areas.
6. Undeveloped parcels shall be subject to all charges established
under this section upon development. Development shall be determined by
the date of issuance of a building permit, civil construction permit,or any
other permit for development purposes or as otherwise established by the
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director.
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B.Beginning January 1, 2018, and on the first day of each calendar year
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
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, butafter
that, beginning January 1, 2023, any increase in the CPI will not be subject
to this 2.4 percent limit. In order to simplify the rate-making structure, the
finance director is authorized to amend the rate each year to reflect the CPI
adjustment.
Sec. 7.05.130. Measurement of impervious area.The director
shall determine the number of square feet of impervious surface in all non
single-family residential parcels, excluding agricultural and undeveloped
parcels, and the total surface area of each parcel of real property, through
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
in this chapter.
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
city utility bill.Drainage accounts within the city water and sewer service
area are billed monthly, as are commercial drainage accounts outside the
city water and sewer service area.Single family residential drainage
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accounts outside the citywater and sewer service area are billed on a
quarterly basis. All billings, collections, delinquencies, and related
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administrative matters shall be handled in a manner consistent with Chapter
7.01 KCC.
Sec. 7.05.150. Rate reductions –credits. At the direction of the
director, the finance directorshall reduce (credit) the normal storm and
surface water utility charge for a parcel of real property when the public
works department finds:
1. The owner of a parcel, other than a single-family residential parcel,
has installed an approved onsite water quality or flow control facilitywhich
exceeds the requirements set forth in the City of Kent Surface Water Design
Manual at the time ofthe development of such a parcel. No credit shall be
given for mitigating measures which are required to meet any ordinance,
regulation, other control, or standard established by the city, or the state.
Such credits shall be commensurate with the mitigating effects so that the
reduction in rates will be in approximate proportion to the reduction in run-
offvolumesor pollutants.In no case shall such a credit result in a rate less
than the monthly charge for a single-family residential parcel. Such a credit
will remain in effect as long as:
a. The owner of such a facility has obtained the proper permits
and constructed the system according to plans approved by the director;
b. The owner remains responsible for all costs of operation and
maintenance of the facility consistent with city standards, whether operated
and maintained by the owner or by the city;
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c. The director has access for inspection of the facility to
determine if it is in compliance with design and maintenance standards and
is functioning properly; and
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d.The owner maintains the facility in accordance with the
operation and maintenance standards in the Kent Surface Water Design
Manual.
2.The owner or renter of a new or remodeled commercial building is
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
35.92.020, the owner or renter shall receive a credit equal to a minimum 10
percent rate reduction. The director will consider rate reductions in excess
of 10 percent depending upon the amount of rainwater harvested.
3.The owner or renter of a single-family residential parcel of real
property qualifies underKCC 7.01.070 for lifeline utility rates. In such cases,
the qualifying customer shall receive a rate reduction of 90 percent.
Sec. 7.05.160. Drainage systems development charge.
A. The city shall assess and collect a drainage systems development
charge against all new development or redevelopment in the amount of
$2,638.35per ESU(2021 charge), as defined in KCC 7.05.090(B)(3). This
drainage system development charge will increase annually, on the first day
of each calendar year, by an amount equal to the percentage increase in the
Construction CostIndex for Seattle-Tacoma-Bremerton for the twelve (12)
month period October 1st through September 30th of the previous calendar
year.
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B.All drainage system development charges collected by the storm and
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 chapter11.03 KCCin addition to the standard system
development charges in this chapter.Payment of a fair and equitable pro
rata portion of specific offsite storm and surface water drainage
improvements necessitated by new development may be required. Such
mitigation of offsite impacts shall be made in addition to any other
requirements of the city for onsite improvements, including system
development charges.All developer contributions shall be placed in a
separate revenue account for the storm and surface water utility, earmarked
for specific projects or improvements, and utilized solely for such purposes.
Where a developer is required to completely finance offsite storm or surface
water drainage facilities, the developer may apply foralatecomer
agreement per chapter 6.05 KCC.
Sec. 7.05.180. Storm and surface water utility accounting.All
monies obtained pursuant to this chapter shall be segregated, credited, and
deposited to the credit of storm and surface water utility. The monies
deposited shall be expended only for administering, operating, maintaining,
or improving storm and surface water drainage facilities, including all or any
part of the cost of planning, designing, financing, acquiring, constructing,
maintaining, repairing, replacing, improving, or operating present or future
storm and surface water drainage facilities owned by the utility. Monies shall
not be transferred to any other funds of the city except to pay for expenses
directly attributable to storm and surface water drainage.
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Sec. 7.05.190. Appeals to land use hearing examiner.
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A. 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 having been notified of such determination. The petition
shall be filed with the city clerk.At the time of filing of the appeal, the
feepayer shall pay the fee set by council resolution for city of Kent planning
and land use fees, “appeal of administrative interpretation/decision”.The
petition shall identify the property, describe all improvements or proposed
improvements, and allege specific errors in a charge or the basis for the
challenge of a determination. For purposes of this subsection, notice of
determination shall 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 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 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 examiner.
Sec. 7.05.200. Violations and enforcements -penalties.Any
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
violation occurs shall constitute a separate violation.
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
violates any of the provisions of this chapter shall be liable for all costs
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incurred by the city as a result of the violation. The city will issue an invoice
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
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the invoice was directed must respond within 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
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
shall result in the invoicebeing deemed valid and the city may seek
collection of the invoice through the process provided for in chapter 3.10
KCC, including the use of a collection agency. Payment of any invoice issued
shall not alleviate the person responsible for the violation from complying
with this chapter.
1.Service of notice.Service of an invoice issued under this
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.
2.Process to mitigate or contest invoice. The process through
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
that provided for notices of violation under KCC 1.04.120through 1.04.190.
The hearing examiner’s decision as to any invoice issued under this
subsection (A) is final and may not be further appealed.
3.Failure to pay –Civil infraction.The failure to timely pay an
invoice issued under this subsection (A), or any mitigated invoice amount
set by the hearing examiner, is a separate violation that may be enforced
through the issuance of a civil infraction pursuant to subsection (B) of this
section.
B.Civil infraction.A person who violates any provision of this chapter
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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
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
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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.
C.Civil code enforcement. In addition to, or as an alternative to, any
other penalty provided for in this chapter or by law, a civil code enforcement
action may be instituted under the provisions provided for in Chapter 1.04
KCC to effectuate any abatement or corrective action required as a result of
a violation of this chapter, including the issuance of a stop use or stop work
order under KCC 1.04.090through 1.04.110. The process through which
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
1.04.120through 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
with KCC 1.04.080and 1.04.200, which fine will be separate and apart from
any fine that may have been issued under subsection (B) of this section.
D.Criminal offense.Except as may otherwise be provided, a person
who:
1.Negligently violates a provision of this chapter is guilty of a
misdemeanor, punishable by up to the maximum penalty established in
RCW 9A.20.021(3) as now enacted or hereafter amended; or who
2.Knowingly violates a provision of this chapter, or commits a
repeated violation of this chapter, is guilty of a gross misdemeanor,
punishable by up to the maximum penalty established in RCW
9A.20.021(2), as now enacted or hereafter amended.
a.For purposes of this section repeated violationmeans,
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as evidenced by either a prior committed finding by the Kent municipal court
of an infraction issued under this chapter, or a committed finding by the
hearing examiner of a notice of violation issued under Chapter 1.04KCC, or
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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
elsewhere within the city of Kent. To constitute a “repeat violation,” the
violation need not be the same violation as the prior violation.
3.If a person is found guilty of a criminal offense as provided for
in this subsection (D), or pleads guilty to another offense on
recommendation of the prosecutor, the court shall order the defendant pay
restitution to the city of Kent, or any other victim of the offense,for the
total suffered loss or damage by reason of the commission of the crime.
E.Business License Revocation.In addition to any other penalty
imposed, the director may seek revocationof abusiness license held by the
person or business related to a violationof this chapterpursuant to chapter
5.01 KCC.
7.05.210 Joint and Several Responsibility. Responsibility for
violations of this chapter is joint and several, and the city is not prohibited
from taking action against a party where other persons may also be
potentially responsible for a violation, nor is the city required to take action
against all persons potentially responsible for a violation.
SECTION 3.-Repeal.Chapter 7.07 of the Kent City Code, entitled
“Surface Water and Drainage Code,” is hereby repealed in its entirety.
SECTION 4.–Severability. If any one or more section, subsection,
or sentence of this ordinance isheld to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
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and the same shall remain in full force and effect.
SECTION 5.–Corrections by City Clerk or Code Reviser.Upon
approval of the city attorney, the city clerk and the code reviser are
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authorized to make necessary corrections to this ordinance,including the
correction of clerical errors;ordinance, section, or subsection numbering; or
referencesto other local, state,or federal laws, codes, rules, or regulations.
SECTION 6.–Effective Date. This ordinance shall take effect and be
in force thirty(30) days from and after its passage,as provided by law.
DANA RALPH,MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, CITY ATTORNEY
PASSED:day of ,2021.
APPROVED:day of ,2021.
PUBLISHED:day of ,2021.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
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(SEAL)
KIMBERLEY A. KOMOTO, CITY CLERK
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