Chapter 14.08
STORMWATER MANAGEMENT UTILITY
Sections:
14.08.030 Stormwater management utility created – Responsibilities.
14.08.040 Administrator of utility.
14.08.050 Ownership of city stormwater facilities and assets.
14.08.060 Connection procedures – Permit.
14.08.070 Stop loss provisions.
14.08.080 Storm and surface water fund created.
14.08.100 City facilities and right-of-way.
14.08.110 Senior/disabled low income discount.
14.08.130 Billing and collections.
14.08.140 Nonpayment of charges.
14.08.150 Penalties for nonpayment of charges.
14.08.160 Utility billing – Credit priority.
14.08.170 Liability disclaimer.
14.08.010 Purpose.
The purpose of this chapter is to:
A. Create a funding methodology to provide financing for planning, development, management, operation, maintenance, use and alteration of the storm drainage and surface water runoff system in the drainage basins of the city, as specified in and pursuant to Chapters 35.67 and 39.34 RCW, and Article 11, Section 11 of the Washington State Constitution.
B. Promote sound development policies and construction procedures which respect and preserve the city’s watercourses.
C. Minimize water quality degradation.
D. Control sedimentation in creeks, streams, ponds, lakes, and other water bodies.
E. Protect the life, health, and property of the general public.
F. Preserve and enhance the suitability of waters for recreation, fish habitat, and aesthetic water quality.
G. Maintain and protect valuable ground water quantities, locations, and flow patterns.
H. Ensure the safety of city roads and rights-of-way.
I. Decrease drainage-related damages to public and private property. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.020 Definitions.
For the purposes of this chapter, the words or phrases below shall have the following meanings:
A. “City” means the city of Brier, Snohomish County, Washington.
B. “Director” means the city’s mayor or designees.
C. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle under natural conditions prior to development, or a hard surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.
D. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains), owned or operated by the city, that is:
1. Designed or used for collecting or conveying stormwater; and
2. Not part of a publicly owned treatment works (POTW). “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned.
E. “Residential dwelling unit” means a building or structure or portion thereof, which provides a completely independent dwelling unit with facilities for cooking, eating, sanitation and sleeping.
F. “Service charge” means the fee levied by the city upon all developed real property within the city as authorized by BMC 14.08.090.
G. “Stormwater facility” means an individual manmade system which independently collects, stores, purifies, discharges, and conveys stormwater. A stormwater facility is a component of the stormwater system.
H. “Stormwater system” means a natural and manmade system which functions together or independently to collect, store, purify, discharge and convey stormwater. Included are all stormwater facilities as well as natural systems such as streams and creeks which convey, store, infiltrate or divert stormwater.
I. “Undeveloped” means that condition of real property prior to alteration by man, construction or addition of impervious groundcover or physical manmade improvements of any kind which change the hydrology of the property from its natural state. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.030 Stormwater management utility created – Responsibilities.
There is hereby created and established pursuant to Chapters 35A.80 and 35.67 RCW a storm and surface water utility to be known as the “stormwater management utility.” All references to the “utility” in this chapter refer to the stormwater management utility. The utility will have primary authority and responsibility for carrying out the city’s stormwater management plan, including responsibilities for planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities, as well as establishing standards for design, construction and maintenance of improvements on private property where these may affect storm and surface water and management. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.040 Administrator of utility.
The director shall be the administrator of the utility. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.050 Ownership of city stormwater facilities and assets.
Title and all other incidents of ownership of the following assets are hereby vested in the utility:
A. All properties, interest, and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water runoff.
B. All properties, interests and rights acquired by adverse possession or by prescription directly or through another in and to the drainage or storage, or both, of storm or surface waters, or both, through, under or over lands, watercourses, sloughs, streams, ponds, lakes, and swamps. The properties, interests and rights so transferred shall begin from a point where storm or surface waters first enter the MS4 and shall end at a point where the storm or surface waters exit from the MS4. The width of the properties, interest and rights so transferred shall be to the full extent of inundation caused by storm or flood conditions.
C. All funds on deposit in the city storm drainage fund and future revenues of said fund. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.060 Connection procedures – Permit.
A. It is unlawful for any person to construct, connect, repair or replace any portion of the stormwater system without first obtaining a permit pursuant to Chapter 14.04 BMC.
B. All excavations for storm drainage installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Work within the rights-of-way shall conform to all city rules and regulations. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.070 Stop loss provisions.
A. “Stop loss,” as used in this section, refers to an allowance for the treatment, flow control, and wetlands protection requirements imposed for impervious surfaces, subject to a specified limit, as herein described, and in consideration of existing stormwater conditions for existing nonresidential development. “Stop loss” does not apply to meeting stormwater requirements for new impervious surfaces, or new construction not involving redevelopment.
B. A nonresidential redevelopment project, as defined by the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington (SWMMWW), as existing or as amended, need not construct stormwater improvements beyond a specified stop loss amount, specified either as a percentage of the total project costs, or a specified dollar maximum, as established by the city engineer. The stop loss amount, as established by the city engineer, shall be subject to the appeal procedures of Chapter 1.20 BMC. Only nonresidential development shall be qualified for stop loss limitations.
C. Any project that had development rights vested after release of the August 2001 SWMMWW shall be vested and entitled to stop loss predevelopment requirements, as stated in this section. Projects vested prior to such date shall be required to develop in accordance with the then current stormwater requirements as of the date of vesting of the project application. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.080 Storm and surface water fund created.
The stormwater management utility fund is hereby created. All service charges and related revenues shall be deposited in this fund and shall be used to fund repairs, replacement, maintenance and operations of the MS4, and to make improvements to the MS4.
The city clerk/treasurer is authorized to make necessary deposits, expenditures or transfers to and from the fund as required to operate the utility. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.090 Charges.
The following storm and surface water utility rates and charges are hereby established for all sites in the city as set forth as follows:
Rates and charges shall be in effect and assessed beginning January 1, 2024, and on January 1st of each subsequent year listed:
A. Residential Parcels. The single-family residential charge shall be seventeen dollars and fifty cents per month for the year 2024; nineteen dollars per month for the year 2025; twenty dollars and fifty cents per month for the year 2026; twenty-one dollars and twenty-five cents per month for the year 2027; twenty-two dollars per month for the year 2028; twenty-two dollars and fifty cents per month for the year 2029 for each parcel having one residential dwelling. This uniform rate is based on each residential parcel being equal to one equivalent service unit (ESU).
B. Non-Single-Family Parcels. The single-family residential charge shall be seventeen dollars and fifty cents per month for the year 2024; nineteen dollars per month for the year 2025; twenty dollars and fifty cents per month for the year 2026; twenty-one dollars and twenty-five cents per month for the year 2027; twenty-two dollars per month for the year 2028; twenty-two dollars and fifty cents per month for the year 2029 for each parcel having one residential dwelling. This uniform rate is based on each residential parcel being equal to one equivalent service unit (ESU).
C. Undeveloped Parcels. Undeveloped parcels shall not be charged.
D. Schools, Churches and Neighborhood Businesses.
1. The charge for all other parcels except residential parcels and undeveloped parcels shall be based upon the total amount of impervious surface as measured by the public works department.
2. The charge for all such parcels shall be seventeen dollars and fifty cents per month for the year 2024; nineteen dollars per month for the year 2025; twenty dollars and fifty cents per month for the year 2026; twenty-one dollars and twenty-five cents per month for the year 2027; twenty-two dollars per month for the year 2028; twenty-two dollars and fifty cents for the year 2029 for each two thousand square feet of impervious surface. (Ord. 492 § 1, 2023; Ord. 488 § 1, 2022; Ord. 459 § 1, 2019: Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.100 City facilities and right-of-way.
The MS4 and public rights-of-way located within the city shall be exempt from the rates established by this chapter. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.110 Senior/disabled low income discount.
Parcels owned by persons qualifying for senior or disabled property tax exemption, as approved in writing by Snohomish County’s assessor’s office pursuant to RCW 84.36.381, are exempt from the rates established by this chapter. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.120 Appeal of charges.
A. Any person, firm, corporation or district who owns a parcel subject to the stormwater management utility rate and objects to or otherwise disagrees with the rate applied to such parcel may apply to the city council for a rate adjustment, stating in writing the grounds of the appeal.
B. Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist in law. In all cases, the decision of the city council shall be final and conclusive. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.130 Billing and collections.
Utility charges for all accounts shall be billed bimonthly. The charge shall be included on the sewer bill as a separate line item. If a property owner is not a sewer customer, the utility charge shall be imposed through a “stormwater only” bill sent bimonthly to the property owner. The city shall send the bill to the address of the property served, unless otherwise specified by the property owner. The city’s use of an incorrect address or the failure of the property owner to receive a bill shall not relieve the owner from liability for utility charges. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.140 Nonpayment of charges.
A. Collection of and penalties for nonpayment of bills shall be pursuant to BMC 14.08.150.
B. For nonpayment or late payment of any or all charges, penalties and interest as provided in this chapter, the city shall have the right to pursue the filing and foreclosing of a lien(s) in accordance with the laws of the state of Washington. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.150 Penalties for nonpayment of charges.
A. The bimonthly service charge is due upon receipt and any amount not paid by the penalty date stated on the billing will be past due. For each subsequent billing for which a portion of the account is unpaid, the past due portion shall be marked “past due.” A late charge of ten percent of that portion of an account past due and still unpaid at the time of the next billing shall be added to the total for said account then being billed. The principal sum due and late charges penalty shall bear interest at the rate of eight percent per annum as provided by RCW 35.67.200. (Ord. 492 § 2, 2023; Ord. 459 § 2, 2019; Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.160 Utility billing – Credit priority.
If any person, firm or corporation shall tender as payment of sewer or stormwater charges an amount insufficient to pay in full all of the billed charges, the city shall credit the payment first to stormwater management utility charges, and second to sanitary sewer service charges. (Ord. 442 § 9 (Exh. I) (part), 2016)
14.08.170 Liability disclaimer.
A. Floods from stormwater runoff may occasionally occur which exceed the capacity of the stormwater system. The city’s adoption of this chapter does not imply that property which is liable for the stormwater management utility charge will be free from stormwater flooding or flood drainage. Further, this code does not purport to reduce the need or necessity for any property owner to obtain flood insurance.
B. This chapter shall be administered and enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
C. No part of this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages or liability in a civil action. (Ord. 442 § 9 (Exh. I) (part), 2016)