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The downtown sub-basin is an area generally bordered by the Sammamish River to the west, Bear Creek to the east, the railroad corridor to the south and NE 95th Street to the north. The sub-basin is depicted in a map in the Clearing, Grading, and Storm Water Management Technical Notebook.

A. Parcels which are proposed to be developed within the downtown sub-basin shall not be required to construct on-site storm water detention and water quality facilities as required elsewhere in this code. In lieu of such construction, a downtown sub-basin storm water capital facilities charge is hereby imposed upon all such parcels. The downtown sub-basin storm water capital facilities charge shall be used by the City to design, acquire property for, and conduct other activities necessary to construct regional storm water conveyance, detention and water quality facilities (the regional system).

B. The downtown sub-basin storm water capital facilities charge shall be calculated for property development based upon the number of impervious units proposed to be created by the development. The charge is $5,979.00 for each impervious unit. A credit of 80 percent may be applied to the number of nonpollution generating impervious units that are managed by an approved private infiltration facility meeting current standards. The total charge to be paid in connection with any development approval shall be determined by multiplying the total number of impervious units to be created by the proposed development by the charge for each such unit minus the number of creditable impervious units multiplied by 0.80 of the charge for each unit.

C. The downtown sub-basin storm water capital facilities charge provided for in this section shall be in addition to the citywide storm water capital facilities charge established by RMC 13.20.030 and 13.20.040. No building permit, short subdivision or subdivision approval, or other permit allowing development within the downtown sub-basin, shall be granted except upon payment of said downtown sub-basin storm water capital facilities charge.

D. Owners of properties adjacent to the Sammamish River or adjacent to the publicly owned property immediately adjacent to the Sammamish River may seek to have their properties opt out of the City’s regional (sub-basin) storm water system and the downtown sub-basin storm water capital facilities charge or may seek a reduced downtown sub-basin storm water capital facility charge. These properties must also have (or be able to construct) a private discharge system to the river.

1. Any owner of property that seeks to opt out shall make a proposal to the City identifying the ability of a property or set of properties to be served by a private discharge system to the river. Private properties under common control and/or properties that are part of an existing private drainage system may be included in an opt-out proposal. Properties separated by a public right-of-way may be included only if they are connected by an existing private drainage system. The Technical Committee will review the proposal and will approve it if the Technical Committee determines that the proposed private drainage system:

a. detains and treats all storm water from the properties proposed or required to be served by the private drainage system in a manner that meets all city water quality and quantity control standards;

b. can be constructed, installed, or improved without interfering with the ongoing operation of any other utility line or improvement within the public right-of-way or public property;

c. can be constructed, installed, or improved within easements or other property interests owned or controlled by the applicant;

d. will not adversely impact other properties in the vicinity; and

e. otherwise meets the requirements of the City’s codes and standards.

2. The Director of Public Works and any property owner who would qualify to opt out of the regional storm water system and downtown sub-basin storm water capital facilities charge may agree on a reduced downtown sub-basin storm water capital facilities charge in exchange for the property owner not opting out. The reduced charge shall be based on the estimated cost to design and construct the private storm water detention and water quality facilities that would be necessary to provide a private storm water discharge system meeting the City’s regulations, together with the amount by which the value of the property owner’s property would be affected by the use of a portion of that land for the private storm water facilities. If the Director of Public Works and the property owner agree on the amount of the reduced downtown sub-basin storm water capital facilities charge, the reduced charge shall be agreed to in a written instrument to be recorded against the title of the property. The reduced charge shall thereafter be applied to all properties or parcels subject to the agreement, and the property owner may not thereafter opt out of the regional (sub-basin) storm water system and the reduced downtown sub-basin storm water capital facilities charge for those properties or parcels without the City’s consent.

3. The ability to opt out provided by this section applies only to the regional storm water system and the downtown sub-basin storm water capital facilities charge. All other charges, including, but not limited to, the citywide capital facilities charge, the monthly storm water rates, and the storm water engineering, plan review, and processing fees associated with development applications, provided elsewhere in this title shall continue to apply to properties that have opted out or for which a reduced downtown sub-basin storm water capital facilities charge has been agreed upon. (Ord. 2921 § 2 (part), 2018: Ord. 2566 § 2 (part), 2010: Ord. 2464 § 4 (part), 2009: Ord. 2320 § 3, 2006).