Title 13
WATER

Chapters:

13.04 Definitions

13.08 Water Utility

13.12 Application for Service – Fees

13.16 Conditions of Service

13.20 Rates

13.24 Billing Procedures

13.28 Water Fund

13.32 Contracts

13.34 Waterworks Utility

13.35 Surface Water Utility

13.36 Offenses – Penalties

13.40 Drainage Plans

Chapter 13.04
DEFINITIONS

Sections:

13.04.010 Definitions.

13.04.020 Commercial and industrial users.

13.04.030 Customer, person.

13.04.040 Domestic water – Domestic water system.

13.04.050 Meter reader.

13.04.060 Owner.

13.04.070 Permanent distribution mains.

13.04.080 Point of delivery.

13.04.090 Premises.

13.04.100 Residential single-unit.

13.04.105 Residential multiple-unit.

13.04.110 Director of public works.

13.04.120 Temporary mains.

13.04.130 Water utility.

13.04.140 Water service.

13.04.150 Water service connection.

13.04.160 Water system.

13.04.900 Severability.

13.04.010 Definitions.

The following words and terms occurring repeatedly throughout this title shall be held and construed to have the meanings set forth in this chapter. (Ord. 416 § 1.01, 1968)

13.04.020 Commercial and industrial users.

“Commercial and industrial users” means all users other than single-family or multiple-family users. (Ord. 2658 § 1, 2006; Ord. 2609 § 1, 2006; Ord. 2572 § 1, 2005; Ord. 2069 § 1, 1996; Ord. 780 § 2, 1975; Ord. 416 § 1.02, 1968)

13.04.030 Customer, person.

“Customer” or “person” means the owner, or occupant or both owner and occupant, cooperatives, partnerships and corporations where acting by themselves or by servant, agent or employee. (Ord. 1961 § 1, 1993; Ord. 416 § 1.03, 1968)

13.04.040 Domestic water – Domestic water system.

“Domestic water” or “domestic water system” means that water, and the water system in which it is carried, which is for human consumption and normal household and business or industrial uses provided from the city’s supply. (Ord. 416 § 1.04, 1968)

13.04.050 Meter reader.

“Meter reader” means the person or persons employed by the city to read meters. (Ord. 416 § 1.05, 1968)

13.04.060 Owner.

“Owner” means and includes in any given land title situation any one of the following:

A. The holder of fee simple title; and/or

B. The mortgagor; and/or

C. A contract seller;

And further including any person, whether described herein or not, who has or holds major jurisdiction or control over the premises, including the trustor under a deed in trust transaction, and a contract purchaser. (Ord. 416 § 1.06, 1968)

13.04.070 Permanent distribution mains.

“Permanent distribution mains” means mains six inches or larger in diameter of cast or ductile iron, asbestos-cement or steel, with a minimum wall thickness of three-sixteenths inch or seven gauge. Four-inch mains of the above material may be classified as permanent mains in residential districts if not over 300 feet in length and standard fire protection can be furnished without connecting a hydrant to the four-inch main. (Ord. 780 § 3, 1975; Ord. 416 § 1.07, 1968)

13.04.080 Point of delivery.

“Point of delivery” means the point as designated by the utility on or inside or outside the customer’s property line to which water will be delivered. Placement of a water meter has no relationship to the point of delivery. (Ord. 780 § 1, 1975; Ord. 416 § 1.08, 1968)

13.04.090 Premises.

“Premises” means a continuous lot or tract of land including the building or group of adjacent buildings under a single control with respect to the use of water thereon and the responsibility for payment therefor. (Ord. 416 § 1.09, 1968)

13.04.100 Residential single-unit.

“Residential single-unit” means all dwelling units occupied by one family or by not more than five unrelated persons, including, but not limited to, detached single-family residences, and zero lot line buildings wherein the building is on a separate fee simple lot and used for residential purposes. (Ord. 2529 § 1, 2004; Ord. 2069 § 2, 1996; Ord. 416 § 1.10, 1968)

13.04.105 Residential multiple-unit.

“Residential multiple-unit” means a residential building designed for two or more families, or for more than five unrelated persons, including, but not limited to, duplexes, triplexes, fourplexes, apartment buildings, dormitories, boarding houses and rooming houses and mobile homes in a mobile home park. (Ord. 2658 § 2, 2006; Ord. 2609 § 1, 2006; Ord. 2572 § 2, 2005; Ord. 2529 § 2, 2004; Ord. 2069 § 3, 1996)

13.04.110 Director of public works.

“Director of public works” means the chief administrative officer of the water utility of the city; and any act in this title required or authorized to be done by the director of public works may be done on behalf of the director of public works by an authorized employee of the water utility. (Ord. 780 § 1, 1975; Ord. 416 § 1.11, 1968)

13.04.120 Temporary mains.

“Temporary mains” means mains of nondurable materials such as wood stave or thin-walled steel of all diameters, and all mains less than six-inches in diameter except those four-inch mains permitted in LMC 13.04.070. (Ord. 416 § 1.12, 1968)

13.04.130 Water utility.

“Water utility” means that duly created and organized administrative and operational subdivision within the department of public works of the city. Use of the term may refer to the organization in general or apply to a particular functional unit or division thereof. (Ord. 780 § 1, 1975; Ord. 416 § 1.13, 1968)

13.04.140 Water service.

“Water service” means the entire process of supply development, impoundment, treatment, transmission, storage and distribution of water together with the associated administrative, construction operation and maintenance functions involved in delivering the commodity to various points of use or consumption throughout the water system. (Ord. 416 § 1.14, 1968)

13.04.150 Water service connection.

“Water service connection” (also referred to as a “service connection”) means the physical installation of the tap, fittings, pipe and other necessary appurtenances required to deliver water from the main to the premises up to and including the service cock or meter. (Ord. 416 § 1.15, 1968)

13.04.160 Water system.

“Water system” means the entire physical plant and facilities owned, operated or controlled by the water utility, both within and outside the city limits which shall include but not be limited to all lands, rights, easements, permits, impoundments, reservoirs, tunnels, pipelines, trestles, bridges, roads, buildings, structures, machines, equipment, records, pumps, valves, hydrants, meters, services and all related facilities and appurtenances. The use of this term may refer to the entire water system or an appropriate functional division or part thereof. (Ord. 780 § 1, 1975; Ord. 416 § 1.16, 1968)

13.04.900 Severability.

In the event that any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 1961 § 7, 1993)

Chapter 13.08
WATER UTILITY

Sections:

13.08.010 Established.

13.08.020 Appointment of personnel.

13.08.030 Duties of director of public works.

13.08.010 Established.

A water utility of the city of Lynnwood is hereby established. Personnel shall consist of a director of public works and such other employees as the city council may from time-to-time deem necessary for the proper and efficient administration of the utility. (Ord. 780 § 1, 1975; Ord. 416 § 2.01, 1968)

13.08.020 Appointment of personnel.

The director of public works of the water utility and such other personnel as the city council may from time-to-time authorize shall be appointed by the mayor and shall hold the appointment at the pleasure of the mayor. Personnel shall receive such salary as the council may determine. (Ord. 780 § 4, 1975; Ord. 416 § 2.02, 1968)

13.08.030 Duties of director of public works.

The director of public works shall oversee and supervise the operation and maintenance of the water system, the making of repairs of all kinds, the construction of all extensions and additions, and all construction work whatsoever in connection with the present water system, and any systems now under construction or any new systems that may be established. The director of public works shall at all times be subject to the direction and authority of the mayor. (Ord. 780 § 1, 1975; Ord. 416 § 2.03, 1968)

Chapter 13.12
APPLICATION FOR SERVICE – FEES

Sections:

13.12.010 Application for installation of service line.

13.12.012 Permit to be obtained for installation of private water service.

13.12.015 Water main permit required.

13.12.020 Installation of meters and connection permit required.

13.12.030 Installation.

13.12.035 Permit to be obtained for fire hydrant inspection.

13.12.040 Installed by customer.

13.12.050 Ownership – Maintenance.

13.12.060 Valves.

13.12.070 Protection from pipe freezing.

13.12.080 Cross-connections.

13.12.090 Miscellaneous control devices.

13.12.100 Inspections.

13.12.110 Right of access.

13.12.010 Application for installation of service line.

A. A person desiring the installation of a water service line to a building or property shall submit a signed water meter application therefor upon a form provided by the public works department and submit his application as required by LMC 2.44.040. Application and fee must be submitted at least 30 days before the applicant’s requested completion date.

B. The installation of any water service line is dependent on the available water distribution facilities and the utility is not required to have service available in areas not served by the existing water distribution system or where the system is inadequate to handle the increased demand that would result from the applicant’s proposed use. (Ord. 2241 § 5, 1999; Ord. 2076 § 5, 1996; Ord. 780 § 5, 1975; Ord. 416 § 3.01, 1968)

13.12.012 Permit to be obtained for installation of private water service.

A permit application for the installation or repair of a water line between the meter and building shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2241 § 6, 1999)

13.12.015 Water main permit required.

New development may necessitate the installation of new water mains. The developer shall apply for a water main permit. The water main permit application shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2076 § 6, 1996)

13.12.020 Installation of meters and connection permit required.

A. City Installation. The city may elect to install meters up to two inches in size.

B. Installation by Developer. When it is determined by the director of public works that placement of the service line would best be served by installation by the developer, the developer shall assume the cost of installing such service line.

C. Water Main Connection Permit Required. If it is necessary for a developer to tap into a city-owned main, then a permit for a water main connection shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2249 § 3, 1999; Ord. 2241 § 7, 1999; Ord. 1631 § 6, 1988; Ord. 1505 § 1, 1986; Ord. 1222 § 1, 1982; Ord. 1193 § 1, 1981; Ord. 800 § 1, 1975; Ord. 780 § 6, 1975; Ord. 416 § 3.02, 1968)

13.12.030 Installation.

Upon approval of the application by the water utility and payment of the fee and upon installation of meters, the water utility will maintain the connection on the water main in a right-of-way or easement and will maintain the service line from this connection up to and including a stop cock at the point of delivery. The utility may also maintain a water meter at the point of delivery or at a location provided by the customer and satisfactory to the water utility on or within the customer’s premises. When the water meter is installed on private property, the customer will be responsible for installing the appurtenances required for meter installation.

When the city agrees to supply materials for installation, these appurtenances will be delivered by the water utility to the facility or site after payment as set forth in Chapter 3.104 LMC and after the developer pays the cost of such appurtenances. The meter location must be unobstructed and readily accessible, as determined by the water utility. (Ord. 2656 §§ 1, 2, 2006; Ord. 2241 § 8, 1999; Ord. 1631 § 7, 1988; Ord. 780 § 1, 1975; Ord. 416 § 3.03, 1968)

13.12.035 Permit to be obtained for fire hydrant inspection.

A permit application for the inspection of any fire hydrant installation shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2241 § 9, 1999)

13.12.040 Installed by customer.

The service line from the point of delivery to the customer’s building shall be installed and maintained by the customer and shall be placed at least 18 inches below ground level or 12 inches below the frost line as set forth in the current adopted Uniform Plumbing Code. (Ord. 1631 § 8, 1988; Ord. 416 § 3.04, 1968)

13.12.050 Ownership – Maintenance.

The water utility only shall install, own, maintain and operate the water service connection from the main to and including the service cock or meter. In cases where a meter may be located a considerable distance from the main for customer or service convenience, the customer shall maintain the service pipe for the entire distance from the normally designated location of the service cock or meter to the point of ultimate water usage or consumption. (Ord. 416 § 3.05, 1968)

13.12.060 Valves.

Consumers shall, at their own expense, install and maintain all pipes, connections and fixtures from the service cock or meter placed by the water utility. Valves and accessories shall be installed as required by the Uniform Plumbing Code. (Ord. 780 § 7, 1975; Ord. 416 § 3.06, 1968)

13.12.070 Protection from pipe freezing.

It shall be the customer’s responsibility to protect from freezing all piping, fixtures and appurtenances on his side of the service cock or meter. Any damage resulting from freezing shall be considered the responsibility of the customer and no adjustment shall be made in the water billing by reason of the freezing. (Ord. 416 § 3.07, 1968)

13.12.080 Cross-connections.

A. The control, including elimination, of cross-connections for all new and existing water service customers shall be in accordance with the city of Lynnwood’s Cross-Connection Control Manual, attached hereto and incorporated by reference herein. In addition, applicable regulations of the department of health stated in WAC 246-290-490 or subsequent revisions, shall be complied with. Where, in a specific case, different materials, methods or other requirements apply, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

B. Service from the city’s water supply system to any premises upon which a private water supply system is used or operated contrary to the provisions of this chapter may be discontinued or refused.

C. Furnishing of service shall be contingent upon the customer furnishing a type of connection approved by the appropriate health authority and the director of public works for protecting the city supply from backflow. A cross-connection control permit is required to install such devices. The cross-connection control permit shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2076 § 7, 1996; Ord. 780 § 8, 1975; Ord. 416 § 3.08, 1968)

13.12.090 Miscellaneous control devices.

The utility reserves the right to require any customer to install as a condition of water service a pressure-reducing valve, backflow preventative device, pressure relief valve or similar devices at any location where the director of public works determines a need to protect the utility’s facilities. (Ord. 780 § 9, 1975)

13.12.100 Inspections.

The duly authorized and properly identified employees of the utility shall have the right, but shall not be obligated to, inspect the water supply, piping and plumbing at any customer’s premises before or after water service is turned on; service may be refused or discontinued where the piping or plumbing is not in conformance with applicable city ordinances. The inspection, or failure to inspect, or failure to refuse or discontinue service shall not render the city liable or responsible for any loss, damage, or injury resulting from any defects in the piping or plumbing. (Ord. 799 § 2, 1975; Ord. 780 § 1, 1975; Ord. 416 § 3.09, 1968)

13.12.110 Right of access.

The duly authorized and properly identified employees of the utility shall have access to the customer’s premises at all reasonable times for the purposes of inspecting water supply, piping and plumbing; inspecting, testing or repairing water department equipment; and for reading water meters. (Ord. 799 § 3, 1975; Ord. 780 § 1, 1975; Ord. 416 § 3.10, 1968)

Chapter 13.16
CONDITIONS OF SERVICE

Sections:

13.16.010 Nonliability of city.

13.16.020 Waste or excessive use of water prohibited.

13.16.030 Emergency conditions.

13.16.010 Nonliability of city.

A. The utility will use all reasonable means to provide an adequate and continuous water service for all customers, but in case the water service is interrupted or reduced, for any cause, the city shall not be liable for any injuries or damages resulting therefrom, and the interruption or reduction in service shall not give rise to any cause of action as for a breach of agreement for service.

B. The city makes no commitment as to the volume of water available, pressure per square inch, or continuity of service, and will not be liable for injuries or damages due to insufficient volume, inadequate pressure or interruption of service. (Ord. 780 § 1, 1975; Ord. 416 § 4.01, 1968)

13.16.020 Waste or excessive use of water prohibited.

It shall be the duty of each customer to eliminate waste of water supply by repairing, or causing to be repaired, any defective or leaking pipes or plumbing fixtures. No person shall use more water for irrigation, culinary purposes, or other uses than is reasonably necessary. (Ord. 416 § 4.02, 1968)

13.16.030 Emergency conditions.

In case of shortage of water, the utility may give preference in furnishing water to customers, in order most effectively to safeguard the safety and health of the general public or to provide for the public convenience, may forbid, restrict, or regulate the use of water for irrigation, cooling, or other uses, may make the regulations effective throughout the city, the districts thereof, or may make the regulations effective as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized. (Ord. 780 § 1, 1975; Ord. 416 § 4.03, 1968)

Chapter 13.20
RATES

Sections:

13.20.005 Deposit for service and return.

13.20.010 Charges for domestic water.

13.20.020 Repealed.

13.20.030 Minimum charges.

13.20.040 Hydrant rates.

13.20.050 Penalties and delinquent charges.

13.20.060 Fire hydrants – Public buildings – Parks.

13.20.070 Purity tests – Application.

13.20.080 Special water rate.

13.20.005 Deposit for service and return.

All renter, lessee, or tenant deposits with the water utility at the time of passage of the ordinance codified in this chapter will revert to the depositor no later than December 31, 1977; provided, water charges are paid in full. In those cases where charges are not paid in full, any charges owing the water utility shall be deducted from the deposit and any balance will be refunded to the depositor. (Ord. 893 § 1, 1977)

13.20.010 Charges for domestic water.

The charges for domestic water service shall be based upon the size of meter installed, number of connections or units being serviced therefrom, and the water delivered through the service meter; the monthly rate for each meter size and the maximum water allowed as part of this minimum charge shall be in effect and assessed beginning January 1st of each year, except for the 2007 rate, which shall be in effect and assessed beginning on February 1, 2007.

Table I 

Water Customer Classification	2007 Monthly Rate	2008 Monthly Rate	2009 Monthly Rate	2010 Monthly Rate	2011 Monthly Rate	2012 Monthly Rate
Residential Single-Unit
Monthly Base Rate (incl. 5 CCF)	$10.38	$10.63	$10.88	$11.13	$11.38	$11.75
Monthly Volume Charge > 5 CCF to 20 CCF – NEW	$1.22	$1.24	$1.26	$1.28	$1.31	$1.33
Monthly Volume Charge > 20 CCF – NEW	$1.83	$1.86	$1.89	$1.92	$1.97	$2.00
Special Water Rate	See Rate Below	See Rate Below	See Rate Below	See Rate Below	See Rate Below	See Rate Below
Residential Multiple-Unit
Monthly Base Rate per Unit (includes 5 CCF/meter)*	$4.70 (same)	$4.70	$4.70	$4.70	$4.50	$4.25
Monthly Volume Charge > 5 CCF per meter	$1.00 (same)	$1.00	$1.00	$1.00	$1.00	$1.00
Special Water Rate	See Rate Below	See Rate Below	See Rate Below	See Rate Below	See Rate Below	See Rate Below
Residential-Mobile per Unit – NEW
Monthly Base Rate per Unit (includes 5 CCF/meter)*	$2.63	$3.38	$4.13	$4.25	$4.25	$4.25
Monthly Volume Charge > 5 CCF per meter – NEW	$1.25	$1.25	$1.25	$1.25	$1.25	$1.00
Special Water Rate	See Rate Below	See Rate Below	See Rate Below	See Rate Below	See Rate Below	See Rate Below
Commercial/Industrial (based on meter size)
5/8 – 3/4-Inch Meter	$10.38	$10.63	$10.88	$11.13	$11.38	$11.75
1-Inch Meter	$17.29	$19.48	$21.75	$24.10	$26.54	$29.38
1-1/2-Inch Meter	$28.10	$33.65	$39.42	$45.43	$51.66	$58.75
2-Inch Meter	$39.77	$49.59	$59.81	$70.46	$81.52	$94.00
3-Inch Meter	$73.49	$92.09	$111.47	$131.65	$152.61	$176.25
4-Inch Meter	$114.56	$146.98	$180.80	$216.01	$252.62	$293.75
6-Inch Meter	$222.63	$288.65	$357.52	$429.24	$503.82	$587.50
Monthly Volume Charge > 5 CCF per meter	$1.34	$1.34	$1.34	$1.35	$1.36	$1.36
* Base charge per unit plus volume over 5 CCF per meter.

(Ord. 2684 § 1, 2007; Ord. 2658 § 3, 2006; Ord. 2529 § 3, 2004; Ord. 2349 § 1, 2001; Ord. 1927 § 3, 1992; Ord. 1857 § 3, 1992; Ord. 1743 § 3, 1990; Ord. 1543 § 1, 1986; Ord. 1505 § 2, 1986; Ord. 1222 § 2, 1982; Ord. 780 § 11, 1975; Ord. 416 § 6.01, 1968)

13.20.020 Multiple units.

Repealed by Ord. 2699. (Ord. 1543 § 2, 1986; Ord. 1505 § 3, 1986; Ord. 1222 § 3, 1982; Ord. 780 § 12, 1975; Ord. 416 § 6.02, 1968)

13.20.030 Minimum charges.

The minimum monthly charge payable by each user (customer account) shall be as set forth in LMC 13.20.010. (Ord. 2529 § 4, 2004; Ord. 1222 § 4, 1982; Ord. 799 § 1, 1975; Ord. 416 § 6.03, 1968)

13.20.040 Hydrant rates.

A permit for water use approval is required to take water from the city-owned water system. There shall be levied a charge as shown in Chapter 3.104 LMC against each person, firm or corporation who shall take water from any water line, reservoir, fire hydrant, standpipe, blow-off pipe or any facility of the city of Lynnwood without the city’s consent and without first having obtained a permit to take such water. Such sum shall be due and payable immediately upon the taking of such water. The water use approval shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2656 §§ 1, 2, 2006; Ord. 2241 § 10, 1999; Ord. 2076 § 8, 1996; Ord. 1631 § 1, 1988; Ord. 1543 § 3, 1986; Ord. 1505 § 5, 1986; Ord. 1222 § 5, 1982; Ord. 780 § 13, 1975; Ord. 416 § 6.04, 1968)

13.20.050 Penalties and delinquent charges.

In addition to all other charges provided in this title, each account shall be charged 10 percent of the unpaid balance for all water charges not paid within 35 days after the date of billing. This amount shall be paid whether or not the water is actually turned off, and any sums paid by or for the water user shall be applied first to payment of these charges. There shall be a $25.00 penalty charge for each check which is returned marked “insufficient funds.” (Ord. 1961 § 3, 1993; Ord. 1505 § 6, 1986; Ord. 1222 § 6, 1982; Ord. 816 § 1, 1975; Ord. 780 § 14, 1975; Ord. 416 § 6.05, 1968)

13.20.060 Fire hydrants – Public buildings – Parks.

The city of Lynnwood shall pay to the water utility from the current expense fund for all water used in public buildings and parks, an amount figured at regular rates for each service installed. All unmetered water from fire hydrants for construction uses shall be at the regular flat rates established. Further, the city shall pay to the water utility an annual maintenance charge for all publicly owned fire hydrants at a rate to be established each year based upon the previous year’s actual costs. (Ord. 1505 § 7, 1986; Ord. 1222 § 7, 1982; Ord. 780 § 15, 1975; Ord. 416 § 6.06, 1968)

13.20.070 Purity tests – Application.

Purity tests shall be administered by agents of the city of Lynnwood to determine the purity of water in accordance with the Pure Water Drinking Act. Applications for purity tests shall be submitted to the department of public works for processing as required by LMC 2.44.040. The cost of purity tests shall be as shown in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2241 § 11, 1999; Ord. 2076 § 9, 1996; Ord. 1631 § 2, 1988; Ord. 925 § 1, 1977)

13.20.080 Special water rate.

A residential single-unit and multiple-unit and mobile special fixed rate of the following percent of the residential single-unit monthly base rate and volume charges shall apply to all services to which water is available, and depending on the income level status of the customer pursuant to the Snohomish County assessor’s office real property taxes exemption process, as follows:

Income Level Status	Rate
A	40%
B	45%
C	50%

A. Persons of the age of 61 years or older, or who are disabled, meeting the qualifications specified in subsection (B) of this section, and RCW 84.36.381, shall be charged at a special water rate:

Residential Single-Unit Rates: 

Water Customer Classification	2007 Monthly Rate	2008 Monthly Rate	2009 Monthly Rate	2010 Monthly Rate	2011 Monthly Rate	2012 Monthly Rate
Special Water Rates, Income Level Status A
Monthly Base Rate (incl. 5 CCF)	$4.15	$4.25	$4.35	$4.45	$4.55	$4.70
Monthly Volume Charge > 5 CCF to 20 CCF – NEW	$0.49	$0.50	$0.50	$0.51	$0.52	$0.53
Monthly Volume Charge > 20 CCF – NEW	$0.73	$0.74	$0.76	$0.77	$0.79	$0.80
Special Water Rates, Income Level Status B
Monthly Base Rate (incl. 5 CCF)	$4.67	$4.78	$4.90	$5.01	$5.12	$5.29
Monthly Volume Charge > 5 CCF to 20 CCF – NEW	$0.55	$0.56	$0.57	$0.58	$0.59	$0.60
Monthly Volume Charge > 20 CCF – NEW	$0.82	$0.84	$0.85	$0.86	$0.89	$0.90
Special Water Rates, Income Level Status C
Monthly Base Rate (incl. 5 CCF)	$5.19	$5.32	$5.44	$5.57	$5.69	$5.88
Monthly Volume Charge > 5 CCF to 20 CCF – NEW	$0.61	$0.62	$0.63	$0.64	$0.66	$0.67
Monthly Volume Charge > 20 CCF – NEW	$0.92	$0.93	$0.95	$0.96	$0.99	$1.00

Residential Multiple-Unit and Mobile Rates:

For residents that meet the qualifications in subsection (B) of this section, but that do not have a direct account with the city (i.e., tenants of a condominium), a yearly rebate shall be paid to the resident based on 40, 45 or 50 percent of a calculation of the cost per unit for that account, depending on the income level status of the customer pursuant to the Snohomish County assessor’s office real property taxes exemption process. In order to qualify for the rebate, the resident must make application to the city by November 1st of each year and demonstrate, in addition to meeting the qualifications in this section, that they have resided at the site or unit for the entire year.

B. Qualifications for said rate shall be:

1. The residential single-unit property or residential multiple-unit or mobile unit to which the utility service is extended shall have a valid property tax exemption from Snohomish County, pursuant to RCW 84.36.381 through 84.36.385.

2. Claimants for said reduction shall occupy site or unit as principal residence and be within the corporate limits of the city of Lynnwood and have a household income level no greater than and as prescribed in RCW 84.36.381.

C. Medical Necessity. Persons who require large quantities of water due to medical necessity (i.e., kidney dialysis) and who occupy the site as principal residence and are located within the corporate limits of the city of Lynnwood shall be charged the special water rate.

D. The mayor is authorized to administer the special utility rates and develop procedures as necessary for such implementation. (Ord. 2684 § 2, 2007; Ord. 2658 § 4, 2006; Ord. 2529 § 5, 2004; Ord. 2069 § 4, 1996; Ord. 1927 § 4, 1992; Ord. 1857 § 4, 1992; Ord. 1743 § 3, 1990; Ord. 1244 § 1, 1982; Ord. 1222 § 8, 1982)

Chapter 13.24
BILLING PROCEDURES

Sections:

13.24.005 Responsibility of property owner.

13.24.010 Billing.

13.24.020 Lien.

13.24.030 Discontinuance of service by utility.

13.24.040 Termination of service by customer.

13.24.050 Notice of trouble.

13.24.060 Fire service.

13.24.080 Separate connections – Exception.

13.24.100 Severability.

13.24.005 Responsibility of property owner.

All accounts for water shall be kept in the name of the owner of the property and not in the name of the tenant; and the owner only or his legally authorized agent shall be held responsible for water charges. All accounts that are in the name of the renter, lessee, or tenant of the property and not in the name of the owner at the time of passage of the ordinance codified in this chapter, shall have until December 31, 1977, to comply with the provisions of this chapter. (Ord. 893 § 2, 1977)

13.24.010 Billing.*

All charges for domestic water service shall be due and payable at the office of the water utility on or before the fourteenth day after the bill has been issued therefor, and shall become delinquent after the fourteenth day. Domestic water bills shall cover periods of two months and shall be issued upon a single statement. All payments and collections shall be paid into the water revenue fund. Delinquent accounts shall be charged as provided in LMC 13.20.050. (Ord. 1961 § 2, 1993; Ord. 780 § 16, 1975; Ord. 416 § 5.01, 1968)

*Ordinance reads “13.12.010 Fees.” Codified as “13.24.010 Billing.”

13.24.020 Lien.

All charges for water connections and service, and all service charges, provided in this title, or as it may be hereafter amended, together with penalties and interest thereon, shall be a lien upon the property with which domestic water service is rendered, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law. (Ord. 780 § 17, 1975; Ord. 416 § 5.02, 1968)

13.24.030 Discontinuance of service by utility.

A. The water utility may refuse to supply, or may discontinue service to, any customer for violation of this title. As an additional concurrent method of enforcing the lien of the city for domestic water charges, at the end of 20 days after the date of billing of any such charges in the case of domestic water charges, the director of public works is authorized and directed to notify by first class mail sent to the customer at the service address that the account is delinquent and that the water will be shut off 13 days after date of such delinquency notice, and is directed to shut off water at that time and until such time as all charges have been paid, which consist of service charges, penalties as set forth in LMC 13.20.050, and city staff time charges for site visits (turn-on and turn-off) as noted in Table A in subsection (D) of this section. The utility may refuse or discontinue service to any customer who requires or uses such volume of water that water service to any other customer may be thereby impaired.

The utility shall discontinue service to any customer who makes an unauthorized connection to a city water line, bypasses a city water meter, or in any other way steals city water.

B. Discontinuance of service for any cause stated in this section shall not release the customer from his obligation to the city for payment of bills or charges.

C. Whenever service has been discontinued as provided above, and before service is restored, in addition to charges as provided in subsection (A) of this section, the utility may require the customer to make a deposit of $50.00. The deposit may be held for up to two years depending on account history and used at any time to offset outstanding balances due, should they reoccur. Upon transfer of the account to a new owner, any unused deposit will be returned to the depositor. Restoration of service at the customer’s request and after payment of all bills due shall be done at the convenience of the utility.

D.

TABLE A
Time When Trip to Account Location Occurs	Charge for Each Occurrence
8 a.m. – 5 p.m. Monday – Friday except holidays	$35.00
All other times including holidays	$85.00

(Ord. 2529 § 6, 2004; Ord. 1961 § 4, 1993; Ord. 780 § 18, 1975; Ord. 416 § 5.03, 1968)

13.24.040 Termination of service by customer.

A customer who wishes to terminate water service shall give at least three days’ notice to the utility. No charge will be made for shutting off the supply. A customer who terminates water service

and requests restoration of service at the same location within 60 days shall be charged $10.00 for restoration of service. (Ord. 780 § 1, 1975; Ord. 416 § 5.04, 1968)

13.24.050 Notice of trouble.

The customer shall notify the utility immediately should there be any accident, defect or trouble affecting the water supply or the equipment and lines. (Ord. 780 § 1, 1975; Ord. 416 § 5.05, 1968)

13.24.060 Fire service.

Fire service systems as approved by the utility for the exclusive protection of any particular property shall be installed and maintained by the owner of that property. (Ord. 780 § 19, 1975; Ord. 416 § 5.06, 1968)

13.24.080 Separate connections – Exception.

Each single-family residence, and each individual business, business enterprise or unit shall be considered an individual customer, except that two or more dwelling houses on a single lot may be considered as one customer, and supplied through a single meter subject to the provisions of LMC 13.20.020. Multiple-housing units, including apartment, commercial unit buildings, trailer courts, motels and cabin courts shall be considered as individual consumers and may be supplied through a single meter, subject to the provisions of LMC 13.20.020. (Ord. 780 § 21, 1975; Ord. 416 § 5.08, 1968)

13.24.100 Severability.

In the event that any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 1961 § 7, 1993)

Chapter 13.28
WATER FUND

Sections:

13.28.010 Created.

13.28.010 Created.

There is hereby created in the treasury of the city of Lynnwood a special fund to be known as the “water fund.” Any and all revenues received from charges for services rendered by the utility shall be credited to this fund, and all warrants for salaries, material, supplies and equipment and repair of the water system shall be paid out of the fund. (Ord. 780 § 1, 1975; Ord. 416 § 8.01, 1968)

Chapter 13.32
CONTRACTS

Sections:

13.32.010 Contracts for water facilities.

13.32.010 Contracts for water facilities.

The city may enter into contracts pursuant to Chapter 35.91 RCW (Laws of 1959 c 261) with owners of real estate for the construction of water facilities, as defined in RCW 35.91.020, and for the reimbursement pursuant to Chapter 3.30 LMC of the owner by users subsequently connecting to the facility, and the mayor, in the name of the city, is authorized to execute these contracts. Upon completion of any such water facilities, they shall be tested for purity according to the standards fixed by state law and by agents selected by the city of Lynnwood; upon approval by the Snohomish County health district or other agency authorized to make such purity tests, and delivery to the city of Lynnwood of a bill of sale to such water facility, the city engineer may accept the same as a part of the water system and permit connection thereto. The fees for purity tests shall be paid prior to acceptance. (Ord. 2629 § 6, 2006; Ord. 925 § 2, 1977; Ord. 416 § 9.01, 1968)

Chapter 13.34
WATERWORKS UTILITY

Sections:

13.34.010 Combination of water system and sewerage system.

13.34.020 Operation.

13.34.010 Combination of water system and sewerage system.

Pursuant to RCW 35.67.331, the water system of the city and the sewerage system of the city are combined into a waterworks utility of the city, and such combined systems shall be maintained and operated jointly. (Ord. 537 § 1, 1969)

13.34.020 Operation.

The operation by the city of such combined waterworks utility shall be governed by the statutes relating to the establishment and maintenance of a city water system. (Ord. 537 § 2, 1969)

Chapter 13.35
SURFACE WATER UTILITY

Sections:

13.35.010 Purpose – Findings.

13.35.015 Definitions.

13.35.020 Potential hazard declared.

13.35.030 Surface water management utility created – Responsibilities.

13.35.040 Property transferred to utility.

13.35.050 Utility administered by public works director.

13.35.060 System of rates and charges.

13.35.070 Utility charges.

13.35.080 Billing and collection.

13.35.090 Penalties for nonpayment of bills.

13.35.100 Surface water utility account.

13.35.110 Appeal of charges.

13.35.900 Severability.

13.35.010 Purpose – Findings.

The city finds and declares:

A. All real property in the city contributes runoff to the common surface water problem, and all real property in the city benefits from the surface water utility of the city.

B. The development of real property, as measured by the square footage of impervious surface area, is an appropriate basis for the determination of an individual parcel’s contribution to the problem of surface water runoff.

C. The establishment of the surface water utility is necessary to avoid and abate public nuisances. (Ord. 2045 § 4, 1995; Ord. 1813 § 1, 1991)

13.35.015 Definitions.

Terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless where used the context thereof shall clearly indicate to the contrary. Words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; works and phrases used herein in the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context shall indicate to the contrary.

A. “City” means the city of Lynnwood, a municipality, and its authorized employees.

B. “Council” means the city council of Lynnwood.

C. “Customer” means a person in whose name service is rendered as evidenced by the signature on the application or contract for that service or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her/its name regardless of the identity of the actual user of the service.

D. “Developed site” means any site which has been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area.

E. “Equivalent residential unit (ERU)” means 2,900 square feet comprised of a configuration of development, or impervious surfaces on a site, estimated to contribute an amount of runoff to the city’s storm and surface water drainage system which is approximately equal to that created by the average single-family residential site.

F. “Impervious surface” means that hard surface area which either prevents or retards the entry of water into the soil mantle and/or causes water to runoff the surface in greater quantities or at an increased rate of flow from that present under natural conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of surface water.

G. “Single-family residential site” means any site which is improved with a dwelling unit for occupancy by one or two families or similar groups of people. A single-family residential site also may be an individual dwelling, mobile home, flat or unit in a multifamily building or portion thereof for occupancy as the home, residence or sleeping place for one or more person, provided each such dwelling, mobile home, flat or unit is owned separately.

H. “Site” means a geographic area which may or may not have impervious surfaces that serves a single, common use, including, but not limited to, single-family residences, multifamily residences, commercial establishments, shopping malls, condominiums, and office or industrial parks and other types of facilities. A site may include impervious area on one or more parcels and/or multiple water meters or sewer services.

I. “Surface water utility or utility” means that part of any system which collects, conveys or stores storm water runoff, surface waters or ground water or any combination thereof in which the city has an ownership interest. Surface water utility shall include, but not be limited to, streams, pipelines, channels, ditches, swamps, lakes, wetlands, infiltration systems, retention/detention facilities, and other drainage structures, both natural and manmade. The term specifically does not mean that part of any surface water system that is located on private property or easements in which the city has no ownership interest.

J. “Undeveloped site” means any site which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area. (Ord. 2657 § 1, 2006; Ord. 1853 § 1, 1991)

13.35.020 Potential hazard declared.

The city finds and declares that absent effective maintenance, operation, improvement, regulation and control, existing surface water drainage conditions in all drainage basins within the city constitute a potential hazard to the health, safety and general welfare of the city. The city council further finds that natural and manmade surface water facilities and conveyances together constitute a surface water drainage system and that effective regulation and control of surface water through formation, by the city, of a surface water utility requires the transfer to the utility of all surface water facilities and conveyances and related rights belonging to the city. (Ord. 1813 § 1, 1991)

13.35.030 Surface water management utility created – Responsibilities.

There is hereby created and established pursuant to Chapter 35A.80 and 35.67 RCW, and Article 11, Section 11 of the Washington State Constitution, a surface water utility. All references to “the utility” in this chapter refer to the surface water utility. The utility will have authority and responsibility for planning design, construction, maintenance, administration and operation of all city surface water conveyances and facilities. (Ord. 1813 § 1, 1991)

13.35.040 Property transferred to utility.

Title and all other incidents of ownership of the following assets are hereby transferred to and vested in the utility; all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern surface water, further including, without limitation, all properties, interests, and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of surface water, through, under, or over lands, watercourse, sloughs, streams, ponds, lakes, and swamps, all beginning in each instance at a point where surface water runoff first enters the system of the city and ending in each instance at a point where the surface water runoff exits from the system of the city, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 1813 § 1, 1991)

13.35.050 Utility administered by public works director.

The utility shall be administered by the public works director or his/her designate. (Ord. 1813 § 1, 1991)

13.35.060 System of rates and charges.

There is hereby imposed a system of rates and charges on each site of real property within the city served by or to which is available for service the utility established by this chapter. The rates and charges are found to be reasonable and necessary to fund the current administration, planning, design, construction, water quality programming, operation, maintenance and repair of storm and surface water utility facilities; provided, however, that the city reserves the right to fix, alter, regulate and control these rates and charges. (Ord. 1853 § 2, 1991)

13.35.070 Utility charges.

The following surface water utility rates and charges are hereby established for all sites in the city as set forth in Table 1 below. These rates and charges shall be in effect and assessed beginning January 1st of each year, except for the 2007 rates, which shall be in effect and assessed beginning on February 1, 2007.

A. Single-family residential sites: one ERU per month for each single-family residential unit on a site. This uniform rate is based on each single-family residential site being equal to one equivalent residential unit (ERU). Each duplex on a site shall be charged one ERU.

B. Undeveloped sites: undeveloped sites shall not be charged under this system and structure of rates.

C. Other sites: the charge for all other developed sites shall be based upon the total amount of measured impervious surface divided by one ERU, and rounded down to the nearest whole number. The actual total monthly service charge shall be computed by multiplying the measured ERUs for a site by the monthly rate per ERU. All sites will be charged for at least one ERU. Sites will be billed as a single surface water account when a site contains multiple water meters and/or businesses on a site. Owners/managers will be responsible for any allocation of the surface water charge among tenants.

D. Special surface water rate: persons of the age of 61 years or older, or who are disabled, meeting the qualifications specified in this section and RCW 84.36.381, shall be charged at the following rates, depending on income level status of the customer pursuant to the Snohomish County assessor’s office real property taxes exemption process:

Income Level Status	Rate
A	0.4 ERUs
B	0.45 ERUs
C	0.5 ERUs

Qualifications for said rate shall be:

1. The single-family residential property or multifamily residential unit or mobile unit to which the utility service is extended shall have a valid property tax exemption from Snohomish County, pursuant to RCW 84.36.381 through 84.36.385.

2. Claimants for said reduction shall occupy site or unit as principal residence and be within the corporate limits of the city of Lynnwood and have a household income level no greater than and as prescribed in RCW 84.36.381.

For residents that meet such qualifications but that do not have a direct account with the city (i.e., tenants of a condominium) a yearly rebate shall be paid to the resident based on 40, 45 or 50 percent of a calculation of the cost per unit for that account, depending on the income level status of the customer pursuant to the Snohomish County assessor’s office real property taxes exemption process. In order to qualify for the rebate, the resident must make application to the city by November 1st of each year and demonstrate, in addition to meeting the qualifications in this section, that they have resided at the site or unit for the entire year.

The mayor is authorized to administer the special utility rates and develop procedures as necessary for such implementation.

Table 1

Customer Class	Rate Calculation
Single-family residential/duplexes	1 ERU
Multifamily/commercial industrial sites	Measured s.f. of impervious areas = number of billed ERUs
Special surface water rates	1 ERU x Special Rate

Customer Class	2007 Mo. Rate	2008 Mo. Rate	2009 Mo. Rate	2010 Mo. Rate	2011 Mo. Rate	2012 Mo. Rate
Single-family residential/duplexes	$4.25	$5.09	$5.84	$6.70	$7.56	$8.53
Multifamily/commercial industrial sites	$4.25/ ERU	$5.09	$5.84	$6.70	$7.56	$8.53
Special surface water rate, income level status A*	$1.70	$2.04	$2.34	$2.68	$3.02	$3.41
Special surface water rate, income level status B*	$1.91	$2.29	$2.63	$3.02	$3.40	$3.84
Special surface water rate, income level status C*	$2.13	$2.55	$2.92	$3.35	$3.78	$4.27

* or as calculated for units in a complex

(Ord. 2686 § 1, 2007; Ord. 2657 § 2, 2006; Ord. 1853 § 3, 1991)

13.35.080 Billing and collection.

Utility rates and charges for each site of developed real property within the city shall be computed at least every two months. The amount to be billed shall be included on the existing utilities bill as a separate line item. A “surface water only” bill will be sent to those property owners who are not current city utilities customers. The city shall bill the owner of the served property for the payment of utility rates and charges specified in this chapter; however, the city, in its sole discretion, may bill the tenant or his agent, if requested, and if consistent with current utilities billing practices. This shall not relieve the owner from final liability for utility rates and charges. (Ord. 1853 § 4, 1991)

13.35.090 Penalties for nonpayment of bills.

The city shall have the right and privilege of discontinuing water service to any premises for nonpayment of the surface water utility rates and charges for use of the city’s surface water utility in the same manner and subject to the same terms as now or hereafter prescribed by law for discontinuance of water service for nonpayment of sewer bills. (Ord. 1853 § 5, 1991)

13.35.100 Surface water utility account.

All money collected through utility rates and charges shall be deposited in the surface water utility account or separate fund within the public works department as established and maintained by the city. (Ord. 1853 § 6, 1991)

13.35.110 Appeal of charges.

A. Any customer making a timely payment of the city’s total utilities bill who considers the city’s surface water utility charge applied to their site to be inaccurate or who otherwise disagrees with the utility rate determination, may apply to the public works director for adjustment of said charges, stating in writing the grounds for such an appeal. The director will review the matter and determine whether an adjustment to the charge is necessary to provide for reasonable and equitable application of the utility rates and charges.

B. Appeals of decisions made by the public works director may be brought before the city council who may direct the re-evaluation of the appeal.

C. Any appeal under this chapter shall be filed with the city clerk’s office no later than 20 days after billing. Any subsequent appeal shall be brought within 20 days of the date of the appealed decision.

D. Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist in law. In all cases, the decision of the city council shall be final and conclusive. (Ord. 1853 § 7, 1991)

13.35.900 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 1853 § 8, 1991)

Chapter 13.36
OFFENSES – PENALTIES

Sections:

13.36.010 Tampering with system prohibited.

13.36.020 Unauthorized digging in street or sidewalk prohibited.

13.36.030 Theft of water.

13.36.040 Violation – Penalties.

13.36.010 Tampering with system prohibited.

It is unlawful for any person except when duly authorized by the administrative head of the utility or by a member of the fire department, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve, or stop cock belonging to the city. (Ord. 780 § 1, 1975; Ord. 416 § 7.01, 1968)

13.36.020 Unauthorized digging in street or sidewalk prohibited.

No person shall dig into any street or sidewalk for the purpose of laying, moving or repairing any water service line, water main, valve, hydrant, or cock, without having secured permission so to do from the administrative head of the utility. (Ord. 780 § 1, 1975; Ord. 416 § 7.02, 1968)

13.36.030 Theft of water.

A. No person shall bypass any water meter, damage, or tamper with the meter with intent to prevent or alter its recording of water, tap a water line, connect to a water hydrant, or in any other way tamper with any part of the water system with intent to secure water without paying therefor or without properly making the applications or paying the deposits required by this title.

B. In addition to the other penalties for such act provided by this title, any person found guilty of such act may be denied water service for a period not in excess of one year, and may be required to post a cash bond equal to 10 times his ordinary anticipated monthly billing as a precondition of future service. (Ord. 416 § 7.03, 1968)

13.36.040 Violation – Penalties.

Every person convicted of a violation of any provision of this title shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Every firm or corporation convicted of a violation of any provision of this title shall be punished by a fine of not more than $300.00. (Ord. 416 § 7.04, 1968)

Chapter 13.40
DRAINAGE PLANS

Sections:

13.40.010 Purpose.

13.40.020 Scope.

13.40.030 Definitions.

13.40.040 Drainage plan – Submission required.

13.40.050 Drainage plan – Contents.

13.40.060 Drainage plans – Review and approval.

13.40.065 Permit to be obtained for land clearing.

13.40.070 Standards.

13.40.080 Development in critical and environmentally sensitive areas.

13.40.090 Establishment of regional facilities.

13.40.100 Bonds and liability insurance required.

13.40.110 Operation and maintenance – Assumption by city.

13.40.120 Operation and maintenance – Responsibility of and retroactive assumption by city.

13.40.130 Applicability to governmental entities.

13.40.140 Protection of public and private rights.

13.40.150 Violation – Penalty.

13.40.010 Purpose.

The city council finds that this chapter is necessary to: promote sound development policies and construction procedures which respect and preserve the city’s watercourses; minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes and other water bodies; protect the life, health, and property of the general public; preserve and enhance the suitability of waters for contact recreation and fishing; preserve and enhance the aesthetic quality of the waters; maintain and protect valuable groundwater resources; minimize adverse effects of alterations in groundwater quantities, locations and flow patterns; insure the safety of city roads and rights-of-way; decrease drainage-related damage to public and private property; and avoid or abate public nuisances. (Ord. 2045 § 5, 1995; Ord. 1082 § 1, 1979; Ord. 908 § 1, 1977)

13.40.020 Scope.

The requirements of this chapter apply to all plats receiving preliminary approval subsequent to the effective date of the ordinance codified in this chapter. In the case of all additional actions enumerated in LMC 13.40.040, the terms of this chapter shall apply where final action by the city has not been taken prior to the effective date of the ordinance codified in this chapter. (Ord. 908 § 15, 1977)

13.40.030 Definitions.

Words and phrases used in this chapter have the meaning set forth in this section:

“Comprehensive drainage plan” means a detailed analysis for each drainage basin which compares the capabilities and needs for runoff accommodation due to various combinations of development, land use, structural and nonstructural management alternatives. The plan recommends the form, location and extent of quantity and quality control measures which optimally would meet the legal constraints, water quality standards and community standards, as well as identifies the institutional and funding requirements for plan implementation.

“Computations” means calculations, including coefficients and other pertinent data, made to determine the drainage plan with rates of flow of water given in cubic feet per second and cubic meters per second (cms).

“Conceptual drainage plan” means a plan for the collection, transport, treatment and discharge of storm water within the subject property.

“Critical area” means an area in which existing flooding, drainage, erosion, and/or unstable conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community, or to the integrity of the drainage system.

“Design storm” means that rainfall event which is selected by the public works department for purposes of design, specifying both the return period in years and the duration in hours.

“Detention facilities” means facilities designed to hold runoff while gradually releasing it at a predetermined maximum rate.

“Detailed drainage plan” means a plan for collection, transport, treatment, and discharge of storm water within the subject property, including all computations required to determine the extent and nature of the proposed plan. The temporary erosion/sedimentation control plan and the drainage plan comprise the drainage plan for the subject property. Such plan shall be prepared by a registered professional civil engineer.

“Developer” means the individual(s) or corporation(s) applying for the permits or approvals described in LMC 13.40.040(A).

“Development” means any manmade change to property including but not limited to, building or other structures, mining, dredging, filling, grading, landscaping, paving, excavation, or drilling operations.

“Developmental coverage” means all developed surface areas within the subject property including but not limited to rooftops, driveways, carports, accessory buildings, parking areas, and any other impervious surfaces. During construction, “developmental coverage” includes the above in addition to the full extent of any alteration of previously occurring soils, slope or vegetation due to grading, temporary storage, access areas, or any other short-term causes.

“Drainage area” means the watershed contributing water runoff to and including the subject property.

“Drainage plan.” See “Conceptual drainage plan,” “Detailed drainage plan.”

“Drainage system” means any system which collects, conveys and stores storm water runoff, surface waters and/or ground waters. Drainage systems shall include, but not be limited to, streams, pipelines, channels, ditches, swamps, lakes, wetlands, infiltration systems, retention/detention systems, and other drainage structures, both natural and manmade.

“Drainage treatment/abatement facilities” means any facilities installed or constructed in conjunction with a drainage plan for the purpose of treatment or abatement of urban runoff, excluding retention or detention facilities.

“Environmentally sensitive areas” means any area of steep slopes, wetlands and biologically sensitive flora and fauna as identified on the environmentally sensitive areas map or as further defined within this chapter.

“Natural location” of drainage systems means the location of those channels, swales and other non-manmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.

“Planned unit development” means residential developments which are planned and/or developed in several stages but submitted together for approvals, and which typically consist of clusters of multi-unit structures interspersed with areas of common open space.

“Pollutant” means any substance which, when added to water, would contaminate or alter the chemical, physical, or biological properties of any waters of the state. This includes a change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance. It also includes any substance which renders such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

“Procedures manual” means 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 chapter.

“Receiving bodies of water” means creeks, streams, lakes and other bodies of water into which waters are directed, either naturally, in manmade ditches, or in closed conduit systems.

“Retention facilities” means facilities designed to hold water for a considerable length of time and then consume it by evaporation, plant transpiration, or infiltration into the soil.

“Subject property” means the tract of land which is the subject of the permit and/or approval action, as defined by the full legal description of all parcels involved in the proposed development.

“Temporary erosion/sedimentation control” means the implementation of any measures during site development which prevent the erosion of soil by wind and rain into local waterways, streets, and adjoining properties. (Ord. 1714 §§ 1 – 6, 1989; Ord. 908 § 2, 1977)

13.40.040 Drainage plan – Submission required.

A. All developers applying for any of the following permits and/or approvals shall submit for approval a drainage plan with their application and/or request:

1. Grading permit;

2. Clearing permit;

3. Substantial development permit required under Chapter 90.58 RCW, Shoreline Management Act;

4. Subdivision approval;

5. Short subdivision approval;

6. Rezones;

7. Conditional use permits;

8. Building permits where the permit relates to 2,000 or more square feet of developmental coverage within the property, or where development is in an environmentally sensitive area;

9. Commercial, industrial, or multifamily site plan approval;

10. Planned unit development.

B. Commencement of construction work under any of the permits or applications set forth in subsection (A) of this section shall not begin until such time as a storm drainage permit is applied for, the permit is processed by the public works department as required by LMC 2.44.040 and final approval of the drainage plan is obtained in accordance with LMC 13.40.060. Failure to comply with this provision shall result in revocation of all permits for the proposed development, and the city may proceed as authorized under LMC 13.40.150.

C. The same plan submitted during one permit/approval process may be subsequently submitted with further required applications. The plan shall be supplemented with such additional information as required by LMC 2.44.040 and/or required by the provisions of the procedures manual.

D. The plan requirement established in this section will apply except when the developer demonstrates to the satisfaction of the public works department that the proposed activity or development:

1. Will neither seriously nor adversely impact the water quality conditions of any affected receiving bodies or water; and

2. Will not alter drainage patterns, increase the runoff volume, increase the peak discharge, nor cause any other adverse effects in the drainage area; and

3. Will not alter the subsurface drainage patterns, flow rates, and discharge points, nor result in any significant adverse effects to property or residents; and

4. Will not cause runoff exceeding the available capacity of the existing drainage system where such system was designed to serve the proposed development area; and

5. Will not raise the existing high water level or reduce the flood-carrying capacity of any water course. (Ord. 2076 § 10, 1996; Ord. 1714 § 7, 1989; Ord. 908 § 3, 1977)

13.40.050 Drainage plan – Contents.

A. Conceptual Drainage Plan. All persons applying for a building permit which relates to 2,000 up to 5,000 square feet of developmental coverage, not located within an environmentally sensitive area, shall submit a simple site plan showing the character of the existing site, natural drainage features on or adjacent to the site, the location and dimensions of all impervious surfaces, flow arrows indicating the direction of stormwater flows on-site and any off-site flows entering the site, the proposed method of utilizing the existing drainage system and the temporary erosion/sedimentation plan. The contents of the conceptual drainage plan shall be described by the procedures established by the public works department, or in the procedures manual. Based upon the review of the conceptual drainage plan the director shall determine if further drainage plans are required.

B. Detailed Drainage Plan. All persons applying for all remaining permits and/or approvals contained in LMC 13.40.040, including all building permits for greater than 5,000 square feet of developmental coverage, shall include the following information with respect to surface and pertinent subsurface water flows entering, flowing within, and leaving the subject property both during and after construction. The detailed form and contents of the drainage plan shall be described by the procedures established by the public works department, or in the procedures manual.

1. Project description:

a. A legal description of the property.

b. The name(s), address(es) and telephone number(s) of the owner(s) and person(s) ordering the work to be performed.

c. To the extent necessary to adequately evaluate the accuracy of computations, the project description will include the location of any existing or proposed buildings, structures, and utilities on the property where the work is to be performed and the location of any existing building or structure on the adjacent property which is within 15 feet of where the work is to be performed.

d. Elevations, dimensions, location, extent and the slopes of all work proposed to be done, shown on a contour map. Such contour map shall show existing and proposed contours. A minimum of a two-foot contour interval shall be used to adequately show drainage courses through the property and shall relate to the grade changes on the property.

e. The existing and proposed vegetative cover, soils types including trees, shrubs, grasses shall be depicted on a map of the site.

f. Location of existing drainage features which transport water onto, across or from the site including natural creeks, swales, artificial channels, drains, or culverts. Also locations of springs, or other subsurface water outlets as well as ponds, lakes, swamps, or potholes shall be shown on the contour map.

2. Background computations for sizing drainage facilities:

a. Depiction of the drainage area on a topographical map of approved scale and contour interval, with acreage of the site, development, and developmental coverage indicated.

b. Indication of the peak discharge and volume of surface water currently entering and leaving the subject property due to the design storm.

c. Indication of the peak discharge and volume of runoff which will be generated due to the design storm within the subject property if the development or proposed activity is allowed to proceed.

d. Determination of the peak discharge volume of water that will be generated by the design storm at critical points on the subject property and at all naturally occurring discharge points off the property.

3. Proposed measures for handling the computed runoff at the detail level specified in the procedures manual.

4. Proposed measures for controlling runoff and erosion/sedimentation during clearing, grading and construction, and proposed staging and schedule of all building, clearing, grading activities, in accordance with LMC 13.40.070(E)(2).

C. The requirements of this section may be modified at the discretion of the public works department when more information is deemed necessary. (Ord. 1714 § 8, 1989; Ord. 908 § 4, 1977)

13.40.060 Drainage plans – Review and approval.

A. All storm drainage plans prepared in connection with any of the permits and/or approvals listed in LMC 13.40.040 shall be submitted for review by and approval of the public works department in accordance with the procedures established in the procedures manual and as required by LMC 2.44.040.

B. At the time of approval of the drainage plan for the subject property, a schedule for inspection of construction and facilities will be established by the public works department. (Ord. 2076 § 11, 1996; Ord. 908 § 7, 1977)

13.40.065 Permit to be obtained for land clearing.

Because of potential impacts to surface water systems, a permit application for any land clearing in excess of one-eighth acre shall be submitted to the department of public works for processing as required by LMC 2.44.040. (Ord. 2241 § 12, 1999)

13.40.070 Standards.

Unless otherwise provided, it shall be the developer’s responsibility to provide a system which complies with these standards.

A. Drainage and retention/detention system design requirements.

1. Mandatory requirements for drainage improvements are as follows:

a. Surface water entering the subject property shall be received at the naturally occurring locations, and surface water exiting the subject property shall be discharged at the natural locations with adequate energy dissipators within the subject property to minimize downstream damage and with no diversion at any of these points.

b. The 10-year design storm peak discharge from the subject property may not be increased by the proposed development.

c. Where open channel construction is used to handle drainage within the subject property, a minimum of 15 feet will be provided between any structures and the top of the bank of the defined channel.

i. In open channel work, the water surface elevation will be indicated on the plan and profile drawings. The configuration of the finished grades constituting the banks of the open channel will also be shown on the drawings.

ii. The proposed cross-section of the channel will be shown with stable side slopes as approved by the public works department.

iii. The water surface elevation of the flow for the design storm will be indicated on the cross-section.

d. When a closed system is used to handle drainage within the subject property, the system will be a minimum of 10 feet from all structures.

e. All drainage easements within the subject property shall be at least 20 feet in width for operation and maintenance of open channel or closed system installation.

f. Where drainage facilities discharge to natural drainage ways or watercourses, energy dissipation facilities shall be provided to prevent erosion and deterioration of the stream bed or banks. Materials such as concrete slabs, pipe, tires, scrap metal or debris are prohibited.

2. Mandatory requirements for retention/ detention systems shall apply to all commercial, industrial, multifamily residential, subdivision and short subdivision plan approval.

a. Retention/detention facilities with capacities designed for the 25-year peak runoff event or as specified by the comprehensive drainage plan must be provided in order to maintain surface water discharge rates at or below the existing 10-year design storm peak discharge.

b. Open retention/detention ponds and infiltration facilities shall not be located in dedicated public road right-of-way areas unless specifically waived by the director.

c. An emergency overflow system is required for all retention/detention facilities. Overflow provisions must be suitable for passage of runoff from the 24-hour storm event, for the 100-year return period storm without failure, and must direct waters from storms between the 25-year and 100-year return periods away from all structures.

d. No more than 25 percent of public parking shown on the plan shall be used for storm water retention/detention and the maximum depth of the retention/detention facilities cannot exceed six inches in public parking areas. No retention/detention shall occur on parking areas designated for multiple-residential developments.

B. To the extent possible, approved measures for controlling runoff during construction should comply with the provisions set forth in subsection (A) of this section.

C. Variances from the requirements of subsection (A) may be permitted only after a determination by the public works department, using the comprehensive drainage plan and/or employing the following criteria:

1. Sufficient capacity of downstream facilities under design conditions;

2. Maintenance of the integrity of the receiving waters;

3. Possibility of adverse effects of retention/detention;

4. Utility of regional retention/detention facilities;

5. Capability of maintenance of the system; and

6. Structural integrity of abutting foundations and structures.

D. Requests for variances shall be filed in writing with the public works department and shall adequately detail the basis for granting an exemption.

E. Performance. The performance standards are set as the minimum level of compliance for all new and existing residential, commercial and industrial sites.

1. Water Quality. The storm and surface waters discharging from an individual property or project shall be of such quality as to meet Class A water quality standards of the state of Washington (Chapter 173-201 WAC) herein adopted as part of this chapter by reference, or the quality of the receiving water, whichever is higher. No one shall introduce into the drainage system any liquid or solid foreign substances of biodegradable or other nature which shall cause the water quality to degrade from applicable state standards. Products of erosion shall be prevented from entering the natural drainage system at all times. For new development, erosion control must be maintained during both the construction on the property and the subsequent operation of the facilities provided. All trash and debris shall be prohibited from entering the drainage system at any point within the property.

It shall be prohibited and in violation of this chapter for any person to:

a. Cause or permit litter, trash, rubbish, or debris to enter the drainage system of the city;

b. Cause or permit pollutants to enter the drainage system of the city, including but not limited to oils and petroleum products, paints and paint thinners, pesticides, fertilizers, soaps, detergents, washing wastes, and any pollutants found on the Discarded Chemical Products List, Chapter 173-303 WAC, as now or hereafter amended, herein adopted as part of this chapter by reference;

c. Cause or permit horses, cattle, or other domestic animals to enter any watercourses or wetlands that are part of the drainage system of the city. Stormwater from stables, pastures, and other animal enclosures shall be diverted so as to prevent polluted drainage waters from entering the drainage system of the city;

d. Cause or permit grading, clearing, filling, or other land surface changes to take place in such a way as to allow drainage from the property to carry any suspended or dissolved matter into the drainage system of the city;

e. Cause or permit any work that would result in the transmission of silt, pollutional materials, or other foreign substances from one part of the drainage system to another;

f. Discharge any waters or in any way cause the temperature of the water discharged from the property to exceed by more than five degrees Fahrenheit the temperature of the nearest receiving waters.

2. Erosion/Sedimentation Control. On-site drainage and runoff shall be handled in such a way as to control erosion and to return waters to the natural drainage course free of sediment or pollutants. Drainage from areas above a newly developing site shall be temporarily diverted from the construction area to prevent erosion and sediment-laden runoff from leaving the site during development.

Temporary erosion/sedimentation control is achieved by a combination of structural control measures, cover measures and construction practices. The following are a list of possible measures:

a. Temporary sediment and detention ponds;

b. Filter fabric fences of suitable permeable fabric;

c. Vegetation or matting;

d. Terraces, grassed waterways or interceptor berms;

e. Pipe slope drains to carry concentrated runoff down steep slopes;

f. Check dams.

Other effective methods of preventing erosion and sediment laden runoff from leaving the site may be proposed by the applicant for approval by the director.

When a project proposes to grade an exposed area, a temporary erosion/sedimentation control plan must be designed. A proposed construction phasing plan must accompany the plan and must be approved and installed prior to clearing and grading. This plan must be maintained by the property owner until replaced by permanent improvements and drainage system. The property owner must address any new conditions that may be created by his activities and to utilize additional control measures as may be needed. For plats, the erosion/sedimentation control plan shall be utilized by the applicant during installation of plat improvements and by subsequent builders during construction of dwelling or other lot improvements.

3. Vegetation Removal. When a project involves the removal of vegetation, operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. Erosion control measures shall be undertaken prior to the time of beginning of clearing. Vegetation shall be restored or control measures instituted at the earliest possible date.

4. Water Quantity. The storm and surface water runoff discharging from a project of property which directly or indirectly enters the drainage system of the city shall be released at the 10-year design storm peak discharge rate for predeveloped conditions, or as otherwise directed by the director. Storage shall be provided in sufficient volume to handle a project runoff volume for the 25-year peak runoff event from the property as developed.

5. Fish Passage. All projects involving perennial streams shall make adequate accommodation for fish passage. No obstructions of any kind shall be placed within the stream which would prohibit the free passage of fish under all flow conditions.  (Ord. 1714 §§ 9, 10, 1989; Ord. 908 § 5, 1977)

13.40.080 Development in critical and environmentally sensitive areas.

Development which would increase the volume or rate of discharge due to any storm from the subject property shall not be permitted in areas designated as critical by the public works department. Development shall not be permitted in these critical areas until such time as the existing community hazard is alleviated and it is adequately demonstrated that the proposed development will not cause a recurrence of the problem nor the occurrence of any new drainage-related problem. The public works department may also designate as critical any area in which comparable problems would occur in the future due to any increase in runoff volume or peak discharge.

Proposed development located wholly or partially within environmentally sensitive areas shall be reviewed with respect to policies adopted within Section 8 of the Lynnwood policy plan and LMC Title 17.

Where application of the provisions of this section will deny all reasonable uses of the property, the restrictions on development contained in this section may be waived for the subject property; provided, that the resulting development shall be subject to all the remaining terms and conditions of this chapter. All decisions based on the provisions of this section shall be compatible with the comprehensive drainage plan for the basin in which the subject property is located. For development in areas designated as critical, the developer shall provide information regarding volume and rate of discharge for a range of storms as specified by the director or in the procedures manual. The requirements of this section shall apply regardless of any variance under LMC 13.40.040(D). (Ord. 1714 § 11, 1989; Ord. 908 § 6, 1977)

13.40.090 Establishment of regional facilities.

In the event that public benefits would accrue due to modification of the drainage plan for the subject property to better implement the recommendations of the comprehensive drainage plan, the public works department may recommend that the city should assume responsibility for the further design, construction, operation and maintenance of drainage facilities on the subject property. Such decision shall be made concurrently with review and approval of the plan as specified in LMC 13.40.060. In the event that the city decides to assume responsibility for design, construction, operation and maintenance of the facilities, the developer will be required to contribute a pro rata share to the construction cost of the facilities. The developer may be required to supply additional information at the request of the public works department to aid in the determination by the city. Guidelines for implementing this section will be defined in the procedures manual or by the public works department. (Ord. 908 § 8, 1977)

13.40.100 Bonds and liability insurance required.

A. The public works department is authorized to require all persons constructing retention/detention or other drainage treatment/abatement facilities to post surety and cash bonds.

B. Where such persons have previously posted or are required to post other such bonds on the facility itself or on other construction related to the facility, such persons may, with the permission of the public works department and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided, further, that such a bond shall on its face clearly delineate those separate bonds which it is intended to replace.

1. Construction Bond. Prior to commencing construction, the person constructing the facility shall post a construction bond in an amount sufficient to cover the cost of conforming the construction with the approved drainage plans. The amount of the bond shall be increased at one-year intervals in a proportion equivalent to the prevailing rate of inflation in construction costs as specified in the procedures manual. After determination by the public works department that all facilities are constructed in compliance with the approved plans, the construction bond shall be released. Alternatively, an equivalent cash deposit to an escrow account administered by a local bank designated by the city could be required at city option.

2. Maintenance Bond. After satisfactory completion of the facilities and concurrent with release of the construction bond by the city, the person constructing the facility shall commence a two-year period of satisfactory maintenance of the facility. A cash bond to be used at the discretion of the engineer to correct deficiencies in the maintenance affecting public health, safety and welfare must be posted and maintained throughout the two-year maintenance period. The amount of the cash bond shall be determined by the city engineer, but shall not be in excess of 10 percent nor less than five percent of the estimated construction cost of the drainage facilities. In addition, a surety bond or cash bond to cover the cost of design defects or failures in workmanship of the facilities shall also be posted and maintained throughout the two-year maintenance period. The amount of the bonds shall be increased at one-year intervals in a proportion equivalent to the prevailing rate of inflation. Alternatively, an equivalent cash deposit to an escrow account administered by a local bank designated by the city could be required at city option.

3. The person constructing the facility shall maintain a liability policy in the amount of $100,000 per individual, $300,000 per occurrence, and $50,000 property damage, which shall name the city as an additional insured and which shall protect the city from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. The liability policy shall be maintained for the duration of the facility by the owner of the facility; provided, that in the case of facilities assumed by the city for maintenance pursuant to LMC 13.40.110, the liability policy shall be terminated when the city maintenance responsibility commences. (Ord. 908 § 9, 1977)

13.40.110 Operation and maintenance – Assumption by city.

A. The city may assume the operation and maintenance responsibility of retention/detention or other drainage treatment/abatement facilities after the expiration of the two-year operation and maintenance period in connection with the subdivision of land if:

1. All of the requirements of LMC 13.40.100 have been fully complied with;

2. The facilities have been inspected and approved by the public works department after two years of operation in accordance with the procedures manual;

3. All necessary easements entitling the city to properly operate and maintain the facility have been conveyed to the city and recorded with the Snohomish County auditor;

4. The surety bond required in LMC 13.40.100 has been extended for one year, covering the city’s first year of operation and maintenance; and

5. The developer has supplied to the city an accounting of capital, construction, and operation and maintenance expenses or other items, for the drainage facilities up to the end of the two-year period, for the purpose of establishing the basis for future bonding requirements for other developments.

B. In the event that the city elects not to assume the operation and maintenance responsibility for the facilities, it will be the responsibility of the developer to make arrangements with the occupants or owners of the subject property for assumption of operation and maintenance in a manner subject to the approval of the public works department or in accordance with the procedures manual. Such arrangements shall be completed and approved prior to the end of the two-year period of developer responsibility.

C. If the city elects not to assume operation and maintenance responsibility, the drainage facilities shall be operated and maintained in accordance with the arrangements as approved by the public works department. The city may inspect the facilities in order to ensure continued use of the facilities for the purposes for which they were built and in accordance with these arrangements. (Ord. 908 § 10, 1977)

13.40.120 Operation and maintenance – Responsibility of and retroactive assumption by city.

A. If any person constructing retention/detention or other drainage treatment/abatement facilities and/or receiving approval of drainage plans prior to the effective date of the ordinance codified in this chapter re-evaluates according to the requirements of this chapter the facilities and/or plans so constructed and/or approved and demonstrates to the engineer’s satisfaction acceptable compliance with its requirements the city may, after inspection, approval and acknowledgment of the proper posting of the required bonds as specified in LMC 13.40.110, assume operation and maintenance responsibility of the facilities.

B. In cases in which all or part of the drainage facilities are not accessible for operation or maintenance purposes due to overlying structures or other causes, the city shall be held harmless for damages which might occur due to failure of design or workmanship of those segments, and further will not be responsible for their maintenance, replacement, or rehabilitation. In such cases, responsibility shall revert to the existing owner of such facilities. (Ord. 908 § 11, 1977)

13.40.130 Applicability to governmental entities.

A. All municipal corporations and governmental entities shall be required to submit a drainage plan and comply with the terms of this chapter when developing and/or improving land, including but not limited to road building and widening, within the areas of the city.

B. It is recognized that many other city, county, state and federal permit conditions may apply to the proposed action and that compliance with the provisions of this chapter does not constitute compliance with such other requirements. (Ord. 908 § 12, 1977)

13.40.140 Protection of public and private rights.

Implementation of any provision of this chapter shall not cause nor be construed as an infringement of the rights of individuals, municipalities, or corporations other than the developer seeking a permit or approval as described in LMC 13.40.040. (Ord. 908 § 14, 1977)

13.40.150 Violation – Penalty.

Any person willfully violating any provision of this chapter is guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding $500.00, or by imprisonment in the city jail for a period not exceeding 90 days, or by both such fine and imprisonment. Each day’s violation of the provisions of this chapter may be deemed a separate offense. (Ord. 908 § 13, 1977)