Title 17D City-wide Standards

Chapter 17D.060 Stormwater Facilities

1. Where deemed appropriate, the director of engineering services may include or request inclusion of provision for stormwater facilities in plat as well as by recorded notice on the property title as a condition of issuance of a building permit or other permit, but no duty on the part of the City is created hereby. Such language may include the following provisions:

   1. With respect to any increased stormwater flows accruing as a result of any development, each property owner, on its own behalf and the behalf of its successors in interest, fully accepts without reservation, the obligation to obstruct and artificially contain and collect all natural or artificially generated or enhanced drainage flows across or upon said owner’s property. The purpose of this requirement is to avoid causing or potentially contributing to flooding, erosion or stormwater loads on other private or public properties and the public sewer system.

   2. A property owner shall, by recorded notice on title, in a form approved by the city attorney, state its understanding and awareness, on its own behalf and the behalf of its successors in interest, of conditions relating to stormwater controls, including drainage easements on the respective lots as well as any requirements for onsite stormwater control facilities, as may be referenced in this chapter or adopted policies and procedures by the director of engineering services.

   3. Property owner, on its own behalf and the behalf of its successors in interest, acknowledges and agrees that no building permit shall be issued for any lot in this plat until evidence satisfactory to the City of Spokane director of engineering services has been provided showing that the recommendations of the “Spokane Aquifer 208 Study” and applicable onsite stormwater facilities requirements have been satisfied. Drainage easements as shown on said plat or permit and on the street plans on file with the office of the director of engineering services are hereby granted.

   4. Each property owner, on its own behalf and the behalf of its successors in interest, acknowledges and accepts full responsibility to maintain drainage facilities within all drainage easements, and to maintain and protect any onsite stormwater control facilities. Under no circumstances does the City of Spokane, its officers or agents, accept any responsibility to maintain onsite stormwater control facilities, drainage courses or drainage pipes on private lots within this development or otherwise within drainage easements or flood plain areas.

   5. The City of Spokane is not a guarantor of public improvements with respect to protection of property from flooding or damage from stormwater, excessive groundwater levels, soil erosion, movement or related risks. Property owners, acting on their own behalf and the behalf of their successors in interest and assigns, forever waive any claim for loss, liability, or damage to people or property because of stormwater or drainage problems and related risks against any governmental entity arising from platting or permit approvals, or the construction and maintenance of public facilities and public property within the plat or subdivision. This waiver is intended to include application to the City of Spokane, its officers and agents, and includes any claims for loss or for damage to lands or property adjacent to or otherwise affected by any street or public way or easement by the established construction, design and maintenance of said streets or public ways or easements, including the construction, drainage and maintenance of said streets, not by way of limitation. Property owners, on their own behalf and the behalf of their successors and assigns, further stipulate and agree that this waiver decreases property value in an amount at least equal to one dollar or more and intend and agree that it run with the land.
       
2. Specific additional notification requirements for properties located in SDDs are as follows:

   Upon the effective date of this ordinance or subsequent to any amendment of SDD boundaries pursuant to SMC 17D.060.180, the city shall cause to be filed with the Spokane County auditor as to any property located with a designated SDD as described in SMC 17D.060.130 or as modified by SMC 17D.060.180 the following language:

   This property is located within a Special Drainage District as defined by SMC 17D.060.130. Development of the property is subject to the provisions of chapter 17D.060 SMC and SMC 17F.100.090.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33582 Section 5