Chapter 18.11
STORM WATER CAPITAL FACILITIES CHARGES

Sections:

18.11.010    Purpose.

18.11.020    Definitions.

18.11.030    Storm water capital facilities charges imposed.

18.11.040    Citywide storm water capital facilities charge.

18.11.045    Downtown storm water capital facilities charge.

18.11.050    Storm water capital improvement fund.

18.11.060    Collection of charges.

18.11.070    Recording payments.

18.11.080    Additional requirements for development.

18.11.010 Purpose.

The purpose of this chapter is to establish storm water capital facilities charges for all properties within the city that are hereafter developed with impervious surface. (Ord. 2082 § 1, 2011).

18.11.020 Definitions.

As used in this chapter, the following terms have the meanings set forth below:

A.    “Development” means any alteration by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of any parcel of land.

B.    “Impervious surface unit” means a configuration or conglomeration of impervious surface estimated to contribute an amount of runoff to the city’s storm water management system which is approximately equal to that created by the average single-family residential parcel. One impervious surface unit (ISU) is equivalent to 2,000 square feet of impervious surface area. For purposes of computation of the charges provided for in this chapter, impervious units are truncated (rounded down) to the nearest tenth.

C.    “New impervious surface” means the creation of a nonvegetated surface such as roofs, pavement, gravel or dirt or the addition of a more compacted surface such as the paving of existing dirt or gravel.

D.    “Regional storm water facilities” or “regional system” means public conveyance, detention, infiltration, and/or water quality facilities designed to manage storm water runoff from specific areas of the city to meet the city’s water quality goals, and to support new development in a cost effective manner. Properties being developed may have the option to or be required to participate in the financing of the facilities, and in return requirements for on-site controls are eliminated or reduced. Proposed facilities are shown on the proposed regional storm water facilities map in the clearing, grading, and storm water management technical notebook.

E.    “Replaced impervious surface” means: (1) for structures, the removal and replacement of any exterior impervious surfaces or foundations; and (2) for other impervious surfaces, the removal down to bare soil or base course and replacement. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2082 § 1, 2011).

18.11.030 Storm water capital facilities charges imposed.

There are hereby established storm water capital facilities charges which shall be imposed upon all parcels which are proposed to be developed within the city. No building permit, short subdivision or subdivision approval, or other permit allowing development within the city, shall be granted except upon payment of a citywide storm water capital facilities charge or, if established, a subbasin storm water capital facilities charge. Projects located within the city right-of-way are not subject to storm water capital facilities charges. Charges shall be as established by resolution of the city. (Ord. 2082 § 1, 2011).

18.11.040 Citywide storm water capital facilities charge.

The citywide storm water capital facilities charge shall be calculated for property development based upon the number of new and replaced impervious surface units proposed to be created by the development. The total charge to be paid in connection with any development approval shall be determined by multiplying the total number of new and replaced impervious surface units to be created by the proposed development by the charge for each unit. (Ord. 2082 § 1, 2011).

18.11.045 Downtown storm water capital facilities charge.

A downtown storm water capital facilities charge shall be imposed upon all parcels which are proposed to be developed within the downtown subbasin. The downtown revitalization area subbasin is depicted on a map maintained by the community development department. The area is also described as the area circumscribed as follows:

Beginning at the intersection of NE 180th Street and the west edge of right-of-way of State Route 522, thence southwesterly along the said west edge of right-of-way to the intersection of Hall Road, thence due east to the west bank of the Sammamish River, thence northeasterly along said river bank to the extension of the 101st Avenue, NE right-of-way, thence

northerly along 101st Avenue NE to NE 186th Street, thence westerly along NE 186th Street to the intersection of Reder Way, thence northwesterly along Reder Way to Bothell Way, thence northerly along Bothell Way to NE 188th Street, thence westerly to the intersection of the extension of 96th Avenue NE, thence southerly along 96th Avenue NE to the intersection of NE 180th Street, thence easterly along NE 180th Street to the point of beginning.

A.    A charge shall be levied for construction of a regional storm water conveyance system. Such charge shall be payable prior to the issuance of any building permits. This charge shall be in addition to any other required permits or fees and shall be as established by resolution by the city of Bothell. Parcels which are proposed to be developed within the downtown subbasin shall not be required to construct on-site storm water detention as otherwise required in this code. In lieu of such construction, a downtown storm water capital facilities charge is hereby imposed upon all such parcels at the time of development or redevelopment. The downtown storm water capital facilities charge shall be used by the city to design, acquire property for, and conduct other activities necessary to construct a regional storm water conveyance system.

B.    The downtown storm water capital facilities charge shall be calculated for property development determined by multiplying the total number of new and replaced impervious surface units to be created by the proposed development by the charge for each unit.

C.    No building permit, short subdivision or subdivision approval, or other permit allowing development within the downtown subbasin, shall be granted except upon payment of said downtown storm water capital facilities charge.

D.    Water quality treatment of storm water runoff and frontage and on-site drainage conveyance improvements will still be required in the downtown subbasin.

E.    Projects located within the city of Bothell right-of-way are not subject to downtown storm water capital facilities charges. (Ord. 2170 § 1, 2015; Ord. 2082 § 1, 2011).

18.11.050 Storm water capital improvement fund.

There is established a storm water capital improvement fund into which shall be paid all storm water capital facilities charges collected under this chapter. (Ord. 2082 § 1, 2011).

18.11.060 Collection of charges.

The storm water capital facilities charges imposed by this chapter shall be paid prior to issuance of any building permit, short subdivision or subdivision approval, or other permit allowing development within the city. (Ord. 2082 § 1, 2011).

18.11.070 Recording payments.

The public works department shall establish a system for recording payments of storm water capital facilities charges made pursuant to this chapter in order that credit may be recorded and given for contributions made for storm water capital facilities and regional facilities in connection with that property. It is the intent of this section that development shall not be charged twice for the same proposed impervious unit and that where a proposed impervious unit has been paid for pursuant to a short subdivision or subdivision approval, site plan approval, or other development approval required by the city, the applicant shall not be charged a second time for that unit when a building or other subsequent permit for the same development is issued. (Ord. 2082 § 1, 2011).

18.11.080 Additional requirements for development.

The owners of all property within the city being improved or developed shall be responsible for the installation of an adequate storm water management system within his or her property in conformity with city standards and in conformity with the comprehensive storm water management plan of the city. Payment of the citywide and subbasin capital facilities charges shall not relieve property owners and developers from installing such systems or from making such improvements to downstream storm water facilities as may be necessary to convey storm water from the property to receiving water or to a regional storm water facility without downstream flooding. (Ord. 2082 § 1, 2011).