Chapter 11.45
SURFACE WATER RATES AND CHARGES
Sections:
11.45.010 Basis for rate structure.
11.45.020 Methodology for determining service charge.
11.45.030 Service area annual service charge.
11.45.040 Additional flat rate charge.
11.45.050 Charges for basins, subbasins.
11.45.060 Request for rate adjustments – Time limited.
11.45.070 Request for rate adjustments – Conditions for approval.
11.45.080 Request for rate adjustments – Burden of proof.
11.45.090 Request for rate adjustments – Decision by director.
11.45.100 Request for rate adjustments – Appeal.
11.45.110 Amendment of bills.
11.45.010 Basis for rate structure.
The service charges shall be based on the relative contribution of increased surface and stormwater runoff from a given parcel to the surface and stormwater management system. The percentage of impervious surfaces on the parcel and the total parcel acreage will be used to indicate the relative contribution of increased surface and stormwater runoff from the parcel to the surface and stormwater management system. The relative contribution of increased surface and stormwater runoff from each parcel determines that parcel’s share of the service charge revenue needs. The service charge revenue needs of the utility are based upon all or any part, as determined by the council, of the cost and expense within the service area of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, development, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
(Ord. No. 96-277, § 1(A), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(A), 2-13-90. Code 2001 § 16-121.)
11.45.020 Methodology for determining service charge.
The public works director shall determine the service charge for each parcel within the service area by the following methodology:
(1) Residential and very light nonresidential parcels shall receive a flat rate service charge for the reasons set forth in Chapter 11.40 FWRC.
(2) Parcels shall be classified into the appropriate rate category in FWRC 11.45.030 by their percentage of impervious surface coverage.
(3) Land use codes and data collected from parcel investigations will be used to determine each parcel’s percentage of impervious surface coverage.
(4) After a parcel has been assigned to the appropriate rate category, the service charge for the parcel will be calculated by multiplying the total acreage of the parcel times the rate for that category.
(Ord. No. 96-277, § 1(B), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(B), 2-13-90. Code 2001 § 16-122.)
11.45.030 Service area annual service charge.
There is hereby imposed upon all developed properties in the service area annual service charges as follows:
|
Class |
Percentage |
Rate/Parcel (P) or Acre (A)/Year |
Utility Tax (7.75%) |
|
Residential (R)* |
NA |
$79.03 (P) |
$6.12 (P) |
|
Very light (VL) |
0 – 10% |
$79.03 (P) |
$6.12 (P) |
|
Light (L)** |
10 – 20% |
$178.98 (A) |
$13.87 (A) |
|
Moderate (M)** |
20 – 45% |
$366.41 (A) |
$28.40 (A) |
|
Moderately heavy (MH)** |
45 – 65% |
$706.96 (A) |
$54.79 (A) |
|
Heavy (H)** |
65 – 85% |
$891.19 (A) |
$69.07 (A) |
|
Very heavy (VH)** |
85 – 100% |
$1,166.06 (A) |
$90.37 (A) |
|
City or county roads |
NA |
NA |
NA |
|
State highways |
NA |
*** |
NA |
* Parcel is owned by and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption under RCW 84.36.381, the parcel shall be exempt from the service charge.
** The minimum service charge shall be $85.15/parcel/year (utility tax included). The maximum annual service charge for mobile home parks shall be $34.40 (utility tax included) times per the number of mobile home spaces.
*** The rate charged to the State Department of Transportation will be determined in accordance with RCW 90.03.525.
(Ord. No. 07-571, § 1, 12-4-07; Ord. No. 06-544, § 1, 12-19-06; Ord. No. 02-433, § 1, 11-19-02; Ord. No. 96-277, § 1(C), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(C), 2-13-90. Code 2001 § 16-123.)
11.45.040 Additional flat rate charge.
The flat rate charge previously added to each bill to pay for the operation of the billing system is now included in the rates reflected in FWRC 11.45.030.
(Ord. No. 02-433, § 2, 11-19-02; Ord. No. 96-277, § 1(D), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(D), 2-13-90. Code 2001 § 16-124.)
11.45.050 Charges for basins, subbasins.
The council by ordinance may supplement or alter charges within specific basins and subbasins of the service area so as to charge properties or parcels of one basin or subbasin for improvements, studies, or maintenance which the council deems to provide service or benefit the property owners of one or more basin(s) or subbasin(s).
(Ord. No. 96-277, § 1(E), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(E), 2-13-90. Code 2001 § 16-125.)
11.45.060 Request for rate adjustments – Time limited.
Any person billed for service charges may file a request for rate adjustment with the public works director within three years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.
(Ord. No. 90-32, § 7(A), 2-13-90. Code 2001 § 16-126.)
11.45.070 Request for rate adjustments – Conditions for approval.
Requests for rate adjustment may be granted or approved by the public works director only when one of the following conditions exists:
(1) The parcel is owned and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption authorized under RCW 84.36.381; parcels qualifying hereunder shall be exempt from all charges imposed in FWRC 11.45.010 through 11.45.050;
(2) The acreage of the parcel charged is in error;
(3) The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the public works director;
(4) The parcel is nonresidential and the parcel meets the definition of open space in FWRC 11.05.010. Property qualifying under this division will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage;
(5) The parcel is served by one or more retention/detention facilities required pursuant to the provisions of FWRC Title 16, or can be demonstrated by the property owner to provide detention/retention of stormwater to the standards set forth in FWRC Title 16 and maintained at the expenses of the parcel owner to the standards required by the city; nonresidential parcels except in the light rate category qualifying under this division shall be charged at the rate of one lower rate category than it is classified by its percentage of impervious surface coverage. Nonresidential parcels in the light category qualifying under this division shall be charged at the rate of $70.34 per acre per year (plus utility tax). Residential parcels and parcels in the very light category qualifying under this division shall be charged $39.51 per parcel per year (plus utility tax);
(6) A parcel contains a stream, creek, lake, pond or wetland that has been identified in an adopted drainage basin plan as an important stormwater control facility; provided, that the parcel owner provides annual maintenance to the standard required by the city. Parcels qualifying hereunder shall be granted a discount in the manner set forth in subsection (5) of this section. However, parcels qualifying under subsections (5) and (6) of this section shall receive only one rate class discount, whichever is the greater;
(7) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area. Property qualifying hereunder shall be exempt from the rates and charges of the ordinance;
(8) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area; parcels qualifying hereunder shall be charges as otherwise provided herein on the basis of the lands and impervious surfaces which drain into the service area;
(9) The rate or service charge is otherwise erroneous in applying the terms of this division;
(10) A parcel is served by a stormwater treatment facility which holds a current national pollutant discharge elimination system (NPDES) permit under the authority of the Clean Water Act of 1982, Section 402, specifically for the treatment of stormwater from the parcel and such system discharges directly into Puget Sound, without in any way utilizing any other stormwater conveyance or storage facilities. Parcels qualifying hereunder will be charged only for the area of impervious surface not served by the stormwater treatment facility and at the rate based upon the unserved portion of the parcel;
(11) A parcel is owned or leased by a public school district which provides activities which directly benefit the surface water management utility. The activities may include curriculum specific to the issues and problems of surface water management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface water management system. The amount of the rate adjustment shall be determined by the public works director based upon the cost of the activities to the school district but not to exceed the value of the activity to the surface water management utility. The rate adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district.
(Ord. No. 02-433, § 3, 11-19-02; Ord. No. 90-32, § 7(B), 2-13-90. Code 2001 § 16-127.)
11.45.080 Request for rate adjustments – Burden of proof.
The property owners shall have the burden of proving that the rate adjustment sought should be granted.
(Ord. No. 90-32, § 7(C), 2-13-90. Code 2001 § 16-128.)
11.45.090 Request for rate adjustments – Decision by director.
Decisions on requests for rate adjustments shall be made by the public works director based on information submitted by the applicant and by the city within 30 days of the adjustment request except when additional information is needed. The applicant shall be notified in writing of the public works director’s decision. If an adjustment is granted which reduces the charges for the current year or two prior years, the applicant shall be refunded the amount overpaid in the current and two prior years.
(Ord. No. 90-32, § 7(D), 2-13-90. Code 2001 § 16-129.)
11.45.100 Request for rate adjustments – Appeal.
Decisions of the public works director on requests for rate adjustments shall be final unless, within 30 days of the date the decision was mailed, the applicant submits in writing to the public works director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the city council.
(Ord. No. 90-32, § 7(F), 2-13-90. Code 2001 § 16-130.)
11.45.110 Amendment of bills.
If the public works director finds that a service charge bill has been sent to a parcel owner which was undercharged for the amount of impervious surface coverage on the parcel, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under the provisions set forth in FWRC 11.50.020. The public works director may include in the bill the amount undercharged for two previous billing years.
(Ord. No. 90-32, § 7(E), 2-13-90. Code 2001 § 16-131.)