Chapter 13.40
STORM DRAINAGE
Sections:
13.40.010 Generally.
13.40.020 Purpose.
13.40.025 Definitions.
13.40.030 Billing mechanism.
13.40.040 Notification of utility ownership.
13.40.050 Responsibility of owner for billing.
13.40.060 Rates – Customer classifications.
13.40.070 Rates – Methodology – ERU.
13.40.080 Rates – Fee calculation.
13.40.085 Fee calculation for Class 3 and Class 4 customers.
13.40.090 Delinquent charges.
13.40.100 Nonpayment and disconnection.
13.40.110 Applicability of fees.
13.40.120 Applicability to out-of-City residents.
13.40.130 City utility tax.
13.40.010 Generally.
The rules and regulations set forth in this chapter shall be used and established for the regulation, operation, and rate setting of the storm and flood control operations of the City. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.020 Purpose.
The purpose of the funds derived from the storm drainage utility is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement, acquisition, maintenance, operation, and administration of the storm drainage system of Ferndale. All revenues derived from the storm drainage utility shall be deposited into the storm and flood control fund for use therein. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.025 Definitions.
“Equivalent residential unit (ERU)” shall mean the basic unit for the computation of storm drainage fees. The baseline ERU is hereby established to be 10,000 square feet.
“Impervious surface” shall mean any part of any developed parcel of land that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions preexistent to development.
By way of example, common impervious surface areas include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel road, or any cleared, graded, paved, graveled, or compacted surface or packed earthen materials, or areas covered by structures or other surfaces which similarly impede the natural infiltration of surface water into the soil mantle.
“Parcel” shall mean the smallest separately segregated lot, unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a tax lot number by the Whatcom County assessor. (Ord. 1457 § 1, 2008; Ord. 1390 § 1, 2006)
13.40.030 Billing mechanism.
It is the intention of the City to include the storm drainage fees as a component of the utility (water/sewer) billings currently conducted for our customers. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.040 Notification of utility ownership.
It shall be the responsibility of the property owner to notify the City within 10 calendar days of the date of assumption of ownership, together with the name and correct mailing address of the owner for utility billing purposes. Subsequent changes in correct mailing address of the owner shall also be reported within 15 calendar days. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.050 Responsibility of owner for billing.
It shall be the responsibility of the owner to inform the City as to the correct name and mailing address for utility billing purposes. The property owner shall have the option of receiving the billing himself or having the billing mailed to a renter or lessee. In all cases, the billings shall accrue to the property and any unpaid amounts due to the City as the result of changes in renters or lessees shall be due and payable in full prior to the transfer of utility billings to the new renter or lessee. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.060 Rates – Customer classifications.
The following customer classifications are established for storm drainage purposes. It is the intention to include all utility customers within the storm drainage fees. Should there be customers whose use does not fit into one of the following classifications, they shall be so classified in the most appropriate classification as solely determined by the City’s Public Works Director.
Class 1 customers – includes all single-family residential units and all multifamily and condominium units with one or two units (up to duplex).
Class 2 customers – includes all multifamily units and condominium units with three or more units.
Class 3 customers – includes all commercial and industrial customers, excluding home occupation businesses.
Class 4 customers – includes all public-use customers (schools, hospitals, churches, government buildings, etc.).
Class 5 customers – includes all mixed use structures. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.070 Rates – Methodology – ERU.
It is the intention of the City to impose a baseline standard residential storm drainage fee equaling $4.06 per month for billings mailed August 31, 2008. This equivalent residential unit (ERU) fee is based on the assumption that the average single-family lot equals approximately 10,000 square feet.
The fees for other customers’ classifications shall use this 10,000-square-foot ERU baseline as the basis for the calculation of the fee. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.080 Rates – Fee calculation.
The following ERU-derived fees shall apply. The derived ERU-based fees shall be calculated out to two decimal points and in no case shall the ERU-based fee be less than $4.06.
Class 1 customers – includes all single-family residential units and all multifamily and condominium units with one or two units (up to duplex).
Class 1 fee equals $4.06 per month per unit.
Class 2 customers – includes all multifamily units and condominium units with three or more units.
Class 2 fee equals 50 percent of the Class 1 fees on a per-unit basis.
Class 3 customers – includes all commercial and industrial customers.
Class 3 fee equals $4.06 per month for every 10,000 square feet of land area or $8.12 per month for every 10,000 square feet of impervious surface.
Class 4 customers – includes all public-use customers (schools, hospitals, churches, government buildings, etc.).
Class 4 fee equals $4.06 per month for every 10,000 square feet of land area or $8.12 per month for every 10,000 square feet of impervious surface.
Class 5 customers – includes all mixed use structures.
Class 5 fee equals $4.06 per month per commercial unit for every 10,000 square feet of land area and $4.06 per month for every residential unit. However, should there be more than two residential units, the fee shall be 50 percent of the Class 1 fees on a per-unit basis.
For billings mailed August 31, 2009, storm drainage rates will increase by 6.5 percent.
For billings mailed August 31, 2010, storm drainage rates will increase by 6.5 percent.
For billings mailed August 31, 2011, storm drainage rates will increase by 6.5 percent. (Ord. 1457 § 1, 2008; Ord. 1390 § 2, 2006; Ord. 1389 § 1, 2006)
13.40.085 Fee calculation for Class 3 and Class 4 customers.
As noted in FMC 13.40.080, Class 3 and Class 4 customers have a choice of two billing calculation methodologies – either one based on the total size of the parcel or one that uses only the impervious surface area of the parcel or parcels. The following steps will be used to determine the individual fees for Class 3 and Class 4 customers:
Step 1 – All existing Class 3 and Class 4 customers will be notified, in writing, of their two fee calculation options. New Class 3 and Class 4 customers will be notified of the two fee calculation options at the time of request for utility service.
Step 2 – The fee calculation methodology that utilizes total parcel size shall be the default fee calculation option the City will use unless the City is notified, in writing, of the Class 3 or Class 4 customer’s desire to implement a fee calculation option that uses only impervious surface area rather than total parcel area.
Step 3 – Those Class 3 and Class 4 customers who opt for the billing option that utilizes impervious surface area shall be required to submit to the City a detailed drawing of their parcel or parcels showing the total area of the parcel or parcels and the total area of the parcel or parcels that contains impervious surface area together with a calculation of the impervious and nonimpervious surface area.
Step 4 – The City will then verify the impervious surface area calculations and if, in the sole opinion of the City Treasurer, the information submitted by the customer in Step 3 is deemed accurate, the storm drainage fee shall be recalculated.
Step 5 – The revised storm drainage fee shall commence with the utility billing mailed out following the recalculation in Step 4. In no instance shall the storm drainage fee recalculation apply to previously mailed utility billings. (Ord. 1457 § 1, 2008; Ord. 1390 § 3, 2006)
13.40.090 Delinquent charges.
All storm drainage fees shall be charged against the property and against the owner thereof. If for cause any storm drainage sums owing therefor become delinquent, the water may be shut off, and in no case shall it be turned on to the same property until all deficiencies including penalties shall have been paid in full. No change in ownership or occupancy shall affect the application of this section. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.100 Nonpayment and disconnection.
All charges for storm drainage shall be due and payable under the same schedule as set forth in FMC 13.04.100(A) for water service.
The process for hearings on objections to amounts owing and set for disconnections for nonpayment shall be as set forth in FMC 13.04.100.
As a remedy for nonpayment of storm drainage charges the City may disconnect water service, may physically disconnect the sewer service, or employ any other remedy legally available to it to secure payment for services rendered. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.110 Applicability of fees.
The billing of storm drainage fees shall be applicable to all utility customers within the City’s Urban Growth Area. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.120 Applicability to out-of-City residents.
The storm drainage fees established in this chapter shall bear a 100 percent surcharge for those utility customers outside of the City limits but within the Urban Growth Area. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)
13.40.130 City utility tax.
All fees related to storm drainage shall also be subject to the City’s utility tax at such rates as established by the City Council. (Ord. 1457 § 1, 2008; Ord. 1389 § 1, 2006)