Chapter 13.36
STORMWATER UTILITY
Sections:
13.36.060 Equivalent service unit.
13.36.070 Unit rate established.
13.36.080 Service charge adjustments and appeals.
13.36.085 Service charge adjustment calculation.
13.36.100 Capital facilities charges.
13.36.110 Capital facilities charge established.
13.36.120 Lien for delinquent charges.
13.36.010 Title.
This chapter shall be referred to as “The North Bend Stormwater Utility Ordinance.” (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1117 § 1, 2001. Formerly 13.44.010).
13.36.020 Purpose.
It is the purpose of this chapter to provide for revenue for a city of North Bend stormwater management program to plan, manage, construct, maintain, use, and carry out activities related thereto. This chapter provides these revenues by fixing rates and charges pursuant to RCW 35.67.020. There is hereby created an enterprise fund known as the “city of North Bend stormwater fund.” All fees and charges imposed herein shall be placed in said fund for the purpose of paying any and all expenses related to the acquisition, installation, addition, improvement, replacement, repair, maintenance, operation, or administration of stormwater management program facilities and activities. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1117 § 2, 2001. Formerly 13.44.020).
13.36.030 Applicability.
The requirements of this chapter shall apply to all parcels of real property in the city of North Bend, including publicly and privately owned property. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1117 § 3, 2001. Formerly 13.44.030).
13.36.040 Definitions.
“Capital facilities charge” shall mean the charge levied for a pro rata share of the existing physical stormwater system and future stormwater system as represented in the comprehensive stormwater management plan, as now in effect or as may be subsequently amended.
“City” shall mean the city of North Bend, Washington, or as indicated by the context, may mean any official, officer, employee or agency representing the city in the discharge of his or her duties.
“City roads” shall mean public rights-of-way, excluding state and county roads, in the city of North Bend.
“Developed parcel” shall mean a parcel of real property which has been altered by development coverage.
“Equivalent service unit (ESU)” shall mean a configuration of impervious surface estimated to contribute an amount of runoff to the city’s stormwater management system which is approximately equal to that created by the average single-family residential developed parcel in North Bend.
“Impervious surfaces” shall mean hard surfaced areas that prevent or hinder the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-packed dirt, oiled or other surfaces which similarly impede the natural infiltration of stormwater, or runoff patterns existent prior to development.
“Manager” shall mean the city administrator or his or her designee.
“Parcel” shall mean the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision.
“Service charges” shall mean the amount owed after applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
“Single-family residence” shall mean a residential structure accommodating one dwelling unit, including mobile homes, as defined by the city of North Bend land use codes.
“Undeveloped land” shall mean unimproved land and open space as defined by the city of North Bend land use codes.
“Undeveloped parcel” means any parcel of real property which has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.
“Unit rate” shall mean the dollar amount charged per ESU. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1117 § 4, 2001. Formerly 13.44.040).
13.36.050 Rate structure.
The rates and service charges shall be based on the service provided and the relative contribution of stormwater runoff from a given parcel to the stormwater control facilities. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel.
Service charges shall be determined as described below:
A. Undeveloped Parcels. Undeveloped parcels shall not be charged.
B. Single-Family Residential Parcels. The monthly service charge for each single-family residential parcel shall be the unit rate for one equivalent service unit.
C. Other Developed Parcels. The monthly service charge for all other developed parcels, including publicly owned properties and including public streets, shall be computed by multiplying the unit rate times the number of equivalent service units applicable to the parcel minus any approved rate adjustment for the parcel as determined under NBMC 13.36.080 and 13.36.085.
D. Minimum Charge. There shall be a minimum monthly service charge for all developed properties equal to the unit rate. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1175 § 2, 2003; Ord. 1117 § 5, 2001. Formerly 13.44.050).
13.36.060 Equivalent service unit.
One equivalent service unit is established at 2,920 square feet of impervious surface area. For the purpose of computation of service charges, the number of equivalent service units shall be rounded to the nearest tenth. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1117 § 5a, 2001. Formerly 13.44.060).
13.36.070 Unit rate established.
A unit rate is established by the taxes, rates and fees schedule adopted by ordinance, to be made up of a stormwater rate per month per equivalent service unit or single-family residence plus a floodplain management rate surcharge per month per equivalent service unit or single-family residence, in order to further address flooding issues directly or indirectly related to surface and stormwater within the city. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1521 § 7, 2014: Ord. 1237 § 9 (part), 2005: Ord. 1131 § 1, 2001: Ord. 1117 § 5b, 2001. Formerly 13.44.070).
13.36.080 Service charge adjustments and appeals.
Any person billed for service charges may file a “request for service charge adjustment” with the manager. However, submittal of such a request does not relieve that person from paying any service charges due during the request consideration period.
A request for service charge adjustment may be granted by the manager only when one or more of the following conditions exist:
A. The amount charged is in error; or
B. The parcel is nonresidential and the impervious surface area on the parcel, as established by a licensed surveyor or engineer, is more than 10 percent of an equivalent service unit greater than or less than the impervious surface area used in determining the charge; or
C. The parcel includes constructed or natural on-site stormwater mitigation facilities that meet all of the following conditions:
1. The constructed or natural facilities provide either stormwater runoff rate control or treatment or both; and
2. The manager has determined that the property owner is capable of maintaining and operating the facilities; and
3. The facilities are maintained by the property owner to the city’s permitted design specifications; and
4. The facilities are available for inspection by the city; and
5. The runoff rate control facility capacity, if applicable, for the 100-year storm event is at least 110 percent of the required design capacity, the excess capacity is not used by the property owner, the facility is hydraulically accessible by means of gravity flow from public improvements facilities lacking runoff control, and the excess is available to the city, at no charge, for related public purposes.
The request for adjustment shall be in writing. The request shall be accompanied by a copy of the permitted drainage plan, a copy of the approved hydraulic calculations for the permitted facilities, calculations of the requested adjustment based on site-specific data signed and stamped by a licensed civil engineer, information, as required by the manager, to determine that the property owner is willing and has the capacity to maintain the facility, and an agreement from the property owner making available to the city any excess capacity in the runoff rate control facility.
Under no circumstances shall the amount of the adjustment exceed either the amount of cost savings to the utility or the unadjusted service charge. Service charge adjustments will only apply to the bill due and payable at the time of request and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted.
The adjustment is revocable under conditions where the facilities no longer operate at the design level established during the drainage plan review/approval process, or if any of the conditions in this subsection C are no longer met.
Decisions on requests for service charge adjustments shall be made by the manager based on information submitted by the applicant and shall be made within 30 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the manager’s decision. If an adjustment is granted which reduces the service charge, the applicant shall be credited the amount overpaid in subsequent bills.
If the manager finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase in service charge, or the undercharged amount will be added to the next bill. This amended bill shall be due and payable under the provisions set forth in NBMC 13.36.050.
Decisions of the manager on requests for service charge adjustments shall be final unless appealed within 30 days of the date of the manager’s decision. The appeal of the manager’s decision must be mailed to the King County superior court. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1175 § 3, 2003. Formerly 13.44.075).
13.36.085 Service charge adjustment calculation.
The service charge adjustment shall be the greater of the adjustments for (1) excess on-site retention/detention volume or (2) on-site runoff quality treatment. The adjustments shall be calculated as follows:
A. Excess Retention/Detention Volume Calculation. The calculation shall be based on the retention/detention facility design release rate to accommodate the 100-year storm runoff event. For facilities designed using the Santa Barbara Urban Hydrograph Method, the calculation shall be based on the facility design release rate to accommodate the 100-year storm runoff event before adding the 30 percent factor of safety. For facilities designed using the KCRTS Method, the calculation shall be based on the facility design release rate to accommodate the 100-year storm runoff event before adding the 20 percent factor of safety. The adjustment formula is expressed mathematically as follows:
A = 0.9 x F x (1-(Qr/Qd))
Where:
A = The adjustment amount to be subtracted from the monthly fee;
F = The total monthly charge without the adjustment;
Qr = The designed 100-year storm event release rate before the factor of safety pond volume adjustment;
Qd = The 100-year storm event runoff rate from the site in its predeveloped condition.
B. Runoff Quality Treatment Calculation. The quality treatment adjustment is only applicable when treatment facilities are constructed in accordance with the King County Surface Water Design Manual to treat all applicable on-site impervious areas. The adjustment is expressed mathematically as follows:
A = F x 0.1
(Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1369 § 1, 2009: Ord. 1175 § 4, 2003. Formerly 13.44.085).
13.36.090 Use of funds.
Service charges collected under this chapter shall be deposited into a special fund or funds to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the stormwater management program and drainage facilities. Proceeds from the floodplain management rate surcharge shall be used only for initial floodplain management planning, coordination, and funding acquisition. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1117 § 7, 2001. Formerly 13.44.090).
13.36.100 Capital facilities charges.
A. The capital facilities charge for property owners other than the city of North Bend seeking to develop real property within the boundaries of the city shall be:
1. Single-Family Residential Parcels. The capital facilities charge for each single-family residential parcel shall be one equivalent service unit, and shall be referred to as the “base charge.” Areas within single-family residential short plats or subdivisions that are outside of new single-family lots to be created through the short plat or subdivision (i.e., new rights-of-way, parks, tracts, etc.) shall be subject to the charge established under subsection (A)(2) of this section.
2. Other Parcels. The capital facilities charge for all other parcels, including publicly owned properties but excluding public streets, shall be computed by multiplying the base charge times the number of equivalent service units applicable to the parcel upon development. The formula is expressed mathematically as follows:
Capital facilities charge = Base charge multiplied by the number of equivalent service units
3. Minimum Charge. There shall be a minimum capital facilities charge for all developing properties equal to the base charge.
B. Capital Facilities Charge – Proceeds. All proceeds of the stormwater capital facilities charge shall be placed in the stormwater capital improvements fund for the following uses: construction of stormwater expansion made necessary by system growth, debt service for indebtedness resulting from construction of stormwater expansion made necessary by system growth, and the repair, replacement, and maintenance of existing stormwater facilities. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1402 § 1 (Exh. A (part)), 2010: Ord. 1117 § 8, 2001. Formerly 13.44.100).
13.36.110 Capital facilities charge established.
A capital facilities base charge is established by the taxes, rates and fees schedule ordinance. The capital facilities base charge shall be adjusted on an annual basis on January 1st of each year using the Engineering News-Record (ENR) Construction Cost Index for the Seattle area. (Ord. 1660 § 3, 2018: Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1461 § 1, 2012: Ord. 1402 § 1 (Exh. A (part)), 2010: Ord. 1237 § 9 (part), 2005: Ord. 1117 § 8a, 2001. Formerly 13.44.110).
13.36.120 Lien for delinquent charges.
Delinquent service charges shall bear interest at the rate established by the taxes, rates and fees schedule adopted by ordinance, 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.
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 liens shall be effective and shall be enforced and foreclosed in the manner provided by RCW 35.67.200 and 35.67.210 as now in effect or as may be subsequently amended. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1237 § 9 (part), 2005: Ord. 1117 § 9, 2001. Formerly 13.44.120).