Chapter 13.24
STORM DRAINAGE UTILITY
Sections:
13.24.010 Original drainage system.
13.24.020 Utility administered by public works director.
13.24.050 System development charge.
13.24.060 Billing and collection.
13.24.070 Commencement of charges for new construction.
13.24.080 Collection of and penalties for nonpayment of bills.
13.24.090 Storm drainage utility fund – Annual report.
13.24.100 Appeal of charges – Rate adjustments.
13.24.010 Original drainage system.
There is specified and adopted as the original system and plan of the utility the town of Eatonville storm drainage report, first adopted by Ordinance 86-7, three copies of which are on file with the clerk and incorporated by reference. (Ord. 99-15 § 3, 1999).
13.24.020 Utility administered by public works director.
The utility shall be administered by the director of public works. (Ord. 99-15 § 4, 1999).
13.24.030 Definitions.
For the purposes of this chapter, definitions in Chapter 16.54 EMC, Stormwater Management and Erosion Control, shall apply except where different definitions are included herein. Words set out in this section shall have the following meanings.
A. “Town” means the town of Eatonville, a municipality, and its authorized employees.
B. “Council” means the town council of the town.
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 parcel” means any parcel, which has been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area, which affects the hydraulic properties of the parcel.
E. “Equivalent service unit (ESU)” means a configuration of development, or impervious surfaces on a parcel, estimated to contribute an amount of runoff to the town’s storm and surface water drainage system which is approximately equal to that created by the average single-family residential parcel. One ESU is equal to 3,000 square feet of impervious surface area or any portion thereof.
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 run off 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. “North zone” means the area within the town of Eatonville that drains into Ohop Creek or its tributaries.
H. “Single-family residential parcel” means any parcel of land which is improved with a dwelling unit for occupancy by a single family or a similar group of people. A “single-family residential parcel” 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 persons, provided each such dwelling, mobile home, flat or unit is owned separately.
I. “Undeveloped parcel” means any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area, which affects the hydraulic properties of the parcel.
J. “Runoff” means the portion of precipitation from either rain or melted snow that ultimately reaches natural watercourses by flowing over the surface of land.
K. “South zone” means the area within the town of Eatonville that drains into the Mashell River and its tributaries.
L. “System development charge” means the charge levied for a pro rata share of the existing physical storm and surface water system and future storm and surface water system as represented in the storm drainage basin modeling report.
M. “Utility” means the storm drainage utility. (Ord. 99-15 § 5, 1999).
13.24.040 Rates.
The monthly rates for drainage service within the town limits shall be set from time to time by town resolution. (Ord. 99-15 § 6, 1999).
13.24.050 System development charge.
Each applicant for development within the town of Eatonville shall pay a system development charge. This charge shall be an impact fee administered in accordance with Chapters 17.55 and 17.60 EMC and shall be set by resolution. (Ord. 99-15 § 7, 1999).
13.24.060 Billing and collection.
Utility rates and charges for each parcel of developed real property within the town shall be computed on a bimonthly basis. The amount to be billed shall be included on the existing water/sewer/power/refuse bill as a separate line item. A “storm water only” statement will be sent to those property owners who are not town water, sanitary sewer, power, or refuse customers. The town shall bill the owner of the served property for the payment of utility rates and charges specified in this chapter; however, the owner may have the bills mailed to a tenant, or agent, but this shall not relieve the owner from liability for utility rates and charges. (Ord. 99-15 § 8, 1999).
13.24.070 Commencement of charges for new construction.
A. Full charges for the storm sewer utility for single-family residential accounts shall commence upon issuance of a building permit by the town of Eatonville.
B. Full charges for multifamily and commercial accounts with a construction period of less than six months shall commence upon issuance of a building permit by the town of Eatonville.
C. Multifamily and commercial accounts with a construction period of more than six months shall pay in accordance with a billing schedule based on the construction schedule for impervious surface as determined by the public works director. The billing schedule shall be used to prorate storm sewer charges based on the amount of impervious surface to be constructed by the end of a billing cycle. A copy of the billing schedule shall be sent to the town clerk for billing purposes. Any amendments to the billing schedule shall require 30 days’ written notification to the public works director. The billing schedule shall be amended only if the construction schedule changes by one month or more (one billing cycle). (Ord. 99-15 § 9, 1999).
13.24.080 Collection of and penalties for nonpayment of bills.
The town shall have the right and privilege of discontinuing water service to any premises for nonpayment of the service charge for use of the storm and surface water utility of the town 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 water bills. (Ord. 99-15 § 10, 1999).
13.24.090 Storm drainage utility fund – Annual report.
All money collected through utility rates and charges shall be deposited in a storm drainage utility fund as maintained by the town clerk. The town clerk and the public works director shall conduct an annual review of the utility’s operations, the total costs of operation and maintenance of the storm water retention, detention, collection and conveyance systems, and the schedule of rates and charges. They shall submit a report to the town council for each calendar year, summarizing the review and containing recommendations for rate adjustments to:
A. Maintain the proper proportionate distribution of operation and maintenance costs among users and user classes;
B. Ensure generation of sufficient revenue to pay the total operation and maintenance costs for the proper operation, maintenance and improvement of the utility; and
C. Address those portions of previous rate increases attributable to major projects at the conclusion of payments for bonds or debt service related to those projects and determine if conditions exist for a reduction of rates because of the retirement of debt service in light of the total operational requirements of the utility. (Ord. 99-15 § 11, 1999).
13.24.100 Appeal of charges – Rate adjustments.
A. Any person making a timely payment of the town’s total utility bill who considers the utility charges applied to a parcel to be inaccurate, or who otherwise disagrees with a utility rate determination, may apply to the public works director for a rate adjustment, stating in writing the grounds of the appeal. The public works director will review the case file and determine whether an adjustment 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 council’s public works committee, consisting of the mayor and one council member appointed by the mayor, who may direct the reevaluation of the appeal. Appeals beyond the public works committee may then be brought before the council.
C. Any appeal under this chapter shall be filed with the public works director no later than 20 days after billing. Any subsequent appeal shall be brought within 20 days of the date of the decision appealed from.
D. Nothing in this chapter shall be construed to grant a right to judicial review that does not otherwise exist in law. In all cases, the decision of the council shall be final and conclusive. (Ord. 99-15 § 12, 1999).