Chapter 13.30 SURFACE WATER MANAGEMENT PROGRAM

Chapter 13.30
SURFACE WATER MANAGEMENT PROGRAM

Sections:

13.30.010 Repealed.

13.30.020 Authority.

13.30.030 Purpose.

13.30.040 Applicability.

13.30.050 Policy.

13.30.060 Rate structure.

13.30.070 Rate adjustments and appeals.

13.30.080 Billing procedure.

13.30.090 Delinquencies and foreclosures.

13.30.100 Surface Water Management Fund.

13.30.110 Administrative procedures.

13.30.010 Definitions.

Repealed by 13-09. (Amended at request of department 2/08; Ord. 14-05 § 1; Ord. 37-02 § 2 (9.08.010))

13.30.020 Authority.

(1) This chapter establishes the surface water management program of the City of Covington.

(2) The program will be administered by the Department of Public Works.

(3) Whenever necessary to examine the property characteristics of a particular parcel for the purposes of implementing this chapter, the Director may enter any property or portion thereof at reasonable times in compliance with the following procedures:

(a) If the property or portion thereof is occupied, the Director shall present identification credentials, state the reason for entry and request entry;

(b) If the property or portion thereof is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the property or portion thereof and request entry; and

(c) Unless entry is consented to by the owner or person in control of any property or portion thereof, the Director, before entry, shall obtain a search warrant as authorized by the laws of the State of Washington.

(4) The Director is authorized to enforce this chapter, the ordinances and resolutions codified in it and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Chapter 1.30 CMC.

(5) The program may provide services related to surface and stormwater management, including but not limited to basin planning, facilities maintenance, regulation, financial administration, public involvement, drainage investigation and enforcement, aquatic resource restoration, surface and stormwater quality and environmental monitoring, natural surface water drainage system planning, intergovernmental relations, and facility design and construction. The program may contract for services with interested municipalities or special districts including but not limited to sewer and water districts, school districts, port districts or other governmental agencies. (Ord. 13-09 § 12; Ord. 10-07 § 3; Ord. 37-02 § 2 (9.08.020))

13.30.030 Purpose.

It is the finding of the City that the surface water management program is necessary in order to promote public health, safety and welfare by establishing and operating a comprehensive approach to surface and stormwater problems which would reduce flooding, erosion and sedimentation, prevent and mitigate habitat loss, enhance groundwater recharge and prevent water quality degradation. This comprehensive approach includes the following elements: basin planning, land use regulation, construction of facilities, maintenance, public education, and provision of surface and stormwater management services. It is the finding of the City that the most cost effective and beneficial approach to surface and stormwater management is through preventative actions and protection of the natural drainage system. In approaching surface and stormwater problems the surface water management program shall give priority to methods, which provide protection or enhancement of the natural surface water drainage system, over means, which primarily involve construction of new drainage facilities or systems. The purpose of the rates and charges established herein is to provide a method for payment of all or any part of the cost and expense of surface and stormwater management services or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such services. These rates and charges are necessary in order to promote the public health, safety and welfare by minimizing uncontrolled surface and stormwater, erosion, and water pollution, to preserve and utilize the many values of the City’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, education, urban separation and drainage facilities, and to provide for the comprehensive management and administration of surface and stormwater. (Ord. 37-02 § 2 (9.08.040))

13.30.040 Applicability.

Developed parcels within the service area shall be billed each year for surface and stormwater management services pursuant to RCW 35.67.025. (Ord. 37-02 § 2 (9.08.050))

13.30.050 Policy.

(1) Many of the difficulties found in the management of surface and stormwater problems are contributed to by the general lack of public knowledge about the relationship between human actions and surface and stormwater management. In order to achieve a comprehensive approach to surface and stormwater management the City should provide general information to the public about land use and human activities which impact surface and stormwater management. School districts can provide significant benefits to the City regarding surface and stormwater management through educational programs and community activities related to protection and enhancement of the surface and stormwater management system. These programs and activities can provide students with an understanding of human activities and land use practices that create surface and stormwater problems and involve students by learning from first hand exposure, the difficulties of resolving surface and stormwater management problems after they occur.

(2) It is the finding of the City that developed parcels contribute to an increase in surface and stormwater runoff to the surface and stormwater management system. This increase in surface and stormwater runoff results in the need to establish rates and charges to finance the City’s activities in surface and stormwater management. Developed parcels shall be subject to the rates and charges of the surface water management program based on their contribution to increased runoff. The factors to be used to determine the degree of increased surface and stormwater runoff to the surface and stormwater management system from a particular parcel shall be the percentage of impervious surface coverage on the parcel and the total acreage of the parcel.

(3) It is the finding of the City of Covington that undeveloped parcels do not contribute as much as developed parcels to an increase in surface and stormwater runoff into the surface and stormwater management system. Undeveloped properties shall be exempt from the rates and charges of the surface water management program.

(4) It is the finding of the City that maintained drainage facilities mitigates the increased runoff contribution of developed parcels by providing on-site drainage control. Parcels served by retention/detention facilities which were required for development of the parcel or can be demonstrated as required by the property owner to provide detention/retention of surface and stormwater to the standards in Chapter 13.25 CMC shall receive a discount as provided in the rates and charges of the surface water management program, if the facility is maintained at the parcel owner’s expense to the standard established by the Department. That portion of the rates or charges allocated for payment of debt service on revenue or general obligation bonds issued to finance stormwater control facilities will not be discounted for retention/detention facilities.

(5) Open space properties provide a benefit to the surface and stormwater management system by the retention of property in an undeveloped state. Open space properties shall receive a discount from the rates and charges to encourage the retention of property as open space.

(6) The majority of the parcels in the service area are residential. The variance between residential parcels in impervious surface coverage is relatively minor and reflect only minor differences in increased runoff contributions. The administrative cost of calculating the service charge individually for each residential parcel and maintaining accurate information would be very high. A flat charge for residential parcels is less costly to administer than calculating a separate charge for each parcel and is equitable because of the similarities in impervious surface coverage between residential parcels. Therefore, residential parcels shall be charged a flat charge based upon an average amount of impervious surface.

(7) Very lightly developed nonresidential parcels which have an impervious surface coverage of 10 percent or less of the total parcel acreage are characterized by a very low intensity of development and generally encompass a large number of acres. A greater number of acres of undeveloped land associated with an impervious surface results in significantly less impact to the surface and stormwater management system. These parcels shall be charged a flat rate, which will encourage the retention of large areas of very lightly developed land.

(8) Lightly to very heavily developed nonresidential parcels which have an impervious surface coverage of more than 10 percent have a substantial impact on the surface and stormwater management system. The impact of these parcels on the surface and stormwater management system increases with the size of the parcels. Therefore, lightly to very heavily developed properties shall be charged a rate determined by the percent of impervious surface coverage multiplied by the parcel acreage.

(9) The City roads and State highway programs provide substantial annual programs for the construction and maintenance of drainage facilities, and the roads systems and their associated drainage facilities serve as an integral part of the surface and stormwater management system. City and State road drainage systems unlike the drainage systems on other properties are continually being upgraded to increase both conveyance capacity and control. It is envisioned that the roads program will work cooperatively with the surface water management program to improve regional surface and stormwater management services, as new information is available from basin plans and other sources. City roads and State highways shall not be charged a rate in recognition of the benefit to the stormwater management services provided by the drainage facilities associated with the City roads and State highway programs; provided, that those drainage facilities are constructed, operated, and maintained in accordance with this chapter.

(10) Comprehensive management of surface and stormwater runoff must include anticipation of future growth and development in the design and improvement of the surface and stormwater management system. Service charge revenue needs shall be based upon the present and future requirements of the surface and stormwater management system, and these needs shall be considered when determining the rates and charges of the program.

(11) Basin plans are essential to establishing a comprehensive approach to a capital improvement program, maintenance of facilities and regulation of new developments. A plan should analyze the measures needed to control surface and stormwater runoff, which results from existing and anticipated development within the basin. A plan also should recommend the quantity and water quality runoff control measures required to further the purposes set forth in this chapter, and community goals. The institutional requirements and regulations, including but not limited to land use management, funding needs, and incentives for preserving the natural surface water drainage system should be identified in the plan. The proposed ordinances and regulations necessary to implement the plan shall be transmitted to the City Council simultaneously with the plan.

(12) Areas with development related surface and stormwater problems require comprehensive management of surface and stormwater.

(13) Additional surface and stormwater runoff problems may be caused by new land use development if not properly mitigated both through protection of natural systems and through constructed improvements. The stormwater manuals and this chapter have been adopted by the City of Covington to mitigate the impact of land use development. Further mitigation of these impacts is based on expertise, which continues to evolve as new information on our natural systems is obtained and new techniques are discovered. The surface water management program, through reconnaissance studies, basin plans, and other special studies, will continuously provide valuable information on the existing problems and areas of the natural drainage system that need special protection. The City has researched through its comprehensive plan development process methods to protect the natural drainage system through zoning, buffering and setbacks to alleviate existing problems. Setback and buffering measures allow natural preservation of wetlands and stream corridors to occur, alleviate erosion and water pollution and provide a safe environment for the small mammals and fish, which inhabit sensitive areas. Based upon the findings in this subsection, and as information and methods become available, the Director, as appropriate, will draft and submit to the Council regulations and development standards to allow protection of the surface and stormwater management system including natural drainage systems.

(14) The program will maintain long-term fiscal viability and fund solvency for all of its related funds. The program’s approach to financial reporting and disclosure will be comprehensive, open, and accessible.

(15) The program shall prepare an annual, multi-year capital improvement program which encompasses all of the program’s activities related to the acquisition, construction, replacement, or renovation of capital facilities or equipment. The program’s capital facilities will be planned and financed to ensure that the benefits of the facilities and the costs for them are balanced over time.

(16) Long-term debt will not be used to support operating expenses. (Ord. 13-09 § 13; Ord. 37-02 § 2 (9.08.060))

13.30.060 Rate structure.

(1) 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 will determine that parcel’s share of the service charge revenue needs. The service charge revenue needs of the program are based upon all or any part, as determined by the City Council, of the cost of surface and stormwater management services or to pay or secure the payment of all or any portion of any issue of bonds issued for that purpose.

(2) The Public Works Department shall determine the service charge for each parcel within the service area by the following methodology: residential and very lightly developed nonresidential parcels shall receive a flat rate service charge for the reasons set forth in CMC 13.30.050(7). Light to very heavily developed parcels shall be classified into the appropriate rate category by their percentage of impervious surface coverage. Land use codes or data collected from parcel investigations, or both, will be used to determine each parcel’s percentage of impervious surface coverage. 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.

(3) There are hereby imposed upon all developed properties in the service area annual service charges as set forth in the current fee resolution.

(4) The City Council will review the surface water management service charges annually to ensure the long-term fiscal viability of the program and to guarantee that debt covenants are met. The program will use equitable and efficient methods to determine service charges. (Amended at request of department 2/08; Ord. 20-07 § 48; Ord. 37-02 § 2 (9.08.070))

13.30.070 Rate adjustments and appeals.

(1) Any person billed for service charges may file a “request for rate adjustment” with the Department of Public Works 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.

(2) Requests for rate adjustment may be granted or approved by the Director only when one of the following conditions exists:

(a) The parcel is owned and is the personal residence of a person or persons determined by the County Assessor as qualified for a low-income senior citizen property tax exemption authorized under RCW 84.36.381. Parcels qualifying under this subsection (2)(a) shall be exempt from all charges imposed in CMC 13.30.060(3);

(b) The acreage of the parcel charged is in error;

(c) 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 Department;

(d) The parcel is nonresidential and the parcel meets the definition of open space in CMC 13.05.295. Parcels qualifying under this subsection (2)(d) 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;

(e) The parcel is served by one or more retention/detention facilities required pursuant to Chapter 13.25 CMC, or can be demonstrated by the property owner to provide detention/retention of surface and stormwater to the standards in Chapter 13.25 CMC, and is maintained at the expense of the parcel owner to the standards required by the Department. Nonresidential parcels except in the light category qualifying under this subsection (2)(e) 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 rate category qualifying under this subsection (2)(e) shall be charged at the rate as outlined in the current fee resolution. Residential parcels and parcels in the very light category qualifying under this subsection (2)(e) shall be charged a rate as outlined in the current fee resolution;

(f) The parcel is owned or leased by a public school district, which provides activities which directly benefit the surface water management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface and stormwater management system. The amount of the rate adjustment shall be determined by the 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 program. The Department will determination which activities qualify for the surface water management service charge reduction. Reductions in surface water management service charges will only be granted to school districts, which provide programs that have been evaluated by the Department. 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; or

(g) The service charge bill was otherwise not calculated in accordance with this chapter.

(3) The property owner shall have the burden of proving that the rate adjustment sought should be granted.

(4) The applicant shall be notified in writing of the Director’s decision. If an adjustment is granted which reduces the charge for the current year or two prior years, the applicant shall be refunded the amount overpaid in the current and two prior years.

(5) If the Director finds that a service charge bill has been undercharged, 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 CMC 13.30.090. The Director may include in the bill the amount undercharged for two previous billing years in addition to the current bill.

(6) Decisions of the 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 Director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the City of Covington Hearing Examiner. The Examiner’s decision shall be a final decision pursuant to CMC 14.35.080. (Ord. 13-09 § 14; Amended at request of department 2/08; Ord. 20-07 § 49; Ord. 37-02 § 2 (9.08.080))

13.30.080 Billing procedure.

(1) All property subject to charges of the program shall be billed based on the property characteristics existing on November 1st of the year prior to the billing year and at the rate as set forth in the current fee resolution. Billing year is the year that the bills are sent. The service charge shall be displayed and billed on the annual property tax statement for the parcel and shall be mailed to the name and address shown on the real property tax roll at the time annual property tax bills are prepared. Parcels which are exempt from property taxes and do not receive an annual property tax statement will receive a bill only for the service charge. If a payment less than the sum of the total property tax plus service charge or less than the sum of one-half of the property tax plus one-half of the service charge is received for a combined property tax and service charge, and the parcel owner has not otherwise specified, the Finance Director shall first apply the payment to the annual property tax of the parcel pursuant to the provisions of Chapter 84.56 RCW and then apply any remaining amount to the service charge.

(2) The total amount of the service charge shall be due and payable to the Finance Director on or before the 30th day of April and shall be delinquent after that date; however, if one-half of such service charge is paid on or before the said 30th day of April, the remainder shall be due and payable on or before the 31st day of October and shall be delinquent after that date.

(3) Parcel characteristics affecting the service charge, which are altered after November 1st of any year, shall not be a basis for calculation of the service charge until after December 31st of the following year. The service charge for the billing year during which incorporation or annexation occurs may:

(a) Be subject to a prorated formula included in an interlocal agreement between King County and the City of Covington; or

(b) If the incorporation or annexation interlocal agreement does not address the surface water management charge, then incorporated or annexed properties will be subject to a surface water management charge of one-quarter of the annual service charge for each quarter of the billing year during which the property was in unincorporated King County for one or more days. For purposes of determining this modified service charge, the billing quarters will be for January 1st through March 31st; April 1st through June 30th; July 1st through September 30th; and October 1st through December 31st;

13.30.090 Delinquencies and foreclosures.

(1) Delinquent service charges shall bear interest at the rate of 12 percent per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the charges regardless of when the charges were first delinquent.

(2) The City shall have a lien for delinquent service charges, including interest thereon, against any property subject to service charges. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective and shall be enforced and foreclosed in the same manner as the foreclosure of real property tax liens. The County may commence to foreclose a surface water management service charge lien after three years from the date surface water management charges become delinquent. Collections shall include costs of foreclosure in addition to service charges and interest. (Ord. 37-02 § 2 (9.08.100))

13.30.100 Surface Water Management Fund.

All service charges shall be deposited in the Surface Water Management Fund which fund is hereby created to be used only for the purpose of paying all or any part of the cost and expense of providing surface water management services, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bond issued for that purpose. Monies in the fund not needed for immediate expenditure shall be invested for the benefit of the Surface Water Management Fund but sufficient funds shall be transferred no later than the end of the fiscal year in which they were first appropriated for capital projects appropriated in the surface and stormwater management construction fund. The program’s funds balances and other financial resources will be invested conservatively to match strong security of principal with market rates of return. For investment purposes, the Finance Director is hereby designated the Fund Manager. (Ord. 37-02 § 2 (9.08.110))

13.30.110 Administrative procedures.

Pursuant to Chapter 2.75 CMC, the Director shall develop administrative procedures:

(1) For the imposition and collection of service charges and/or for filing of liens and initiation of foreclosure on delinquent accounts and the collection of the debt service portion of the service charge. (Ord. 37-02 § 2 (9.08.120))