Chapter 13.24
SEWER SERVICE CHARGES

Sections:

13.24.010    Definitions.

13.24.020    Rate schedule.

13.24.021    Exemption.

13.24.025    Sewer rates – Payment – Notice – Hearing – Disconnection.

13.24.030    Amount of water – Determination by meter.

13.24.040    Amount of water – Deductions.

13.24.050    Charges during irrigation season.

13.24.060    Conditions for exemption for swimming pool.

13.24.070    Fee to mitigate impact of certain divisions or developments on storm sewer system.

13.24.010 Definitions.

A.    “Chargeable water,” for the purposes of this chapter, means the measure of water consumed on the premises from whatever source.

B.    “Irrigation season,” for the purposes of this chapter, means the period from June 15th through October 15th of each year. (Ord. 722 §§ 2, 3, 1984)

13.24.020 Rate schedule.

All users of the City sewer system shall pay bimonthly charges for sewer service in relation to the amount of chargeable water they discharge into the sewer system. Furthermore, there shall be charged a base fee for purposes of administration and contribution to plant capitalization, all according to such rate schedule as may be adopted by ordinance of the City Council from time to time. (Ord. 1000 § 4, 1993; Ord. 985 § 1, 1992; Ord. 865 § 1, 1988; Ord. 841 § 1, 1988; Ord. 798 § 1, 1986; Ord. 757 § 1, 1985; Ord. 722 § 1, 1984)

13.24.021 Exemption.

There shall be granted an exemption from the sewer service charge, during new construction of a habitable structure, for a period not to exceed three bimonthly billing cycles beginning on that date upon which the first measurable water is subject to charge. During the period of exemption the base fee as provided under FMC 13.24.020 shall continue to apply and the exemption shall terminate upon occupancy of the structure. This exemption shall apply only during the period following the meter reading of mid April and terminating with the meter reading of mid October. (Ord. 1198 § 1, 1998)

13.24.025 Sewer rates – Payment – Notice – Hearing – Disconnection.

A.    All charges for sewer service shall be due and payable under the same schedule as set forth in FMC 13.04.100(A) for water service.

B.    The process for hearings on objections to amounts owing and for disconnections for nonpayment shall be set forth in FMC 13.04.100.

C.    As a remedy for nonpayment of sewer charges, the City may disconnect water service if supplied through the public water system; may contract with a private water service provider or association, if applicable, for water service disconnection pending receipt by the City of payment for sewer charges; or may physically disconnect the sewer service or employ any other remedy legally available to it to secure payment for services rendered. (Ord. 1182 § 2, 1998)

13.24.030 Amount of water – Determination by meter.

The amount of water chargeable to sewer is to be ascertained by an installed City meter. In the event that non-City meters are regularly used for measuring water, the Council may authorize the use of information obtained from such meters for the calculation of sewer charges in the same manner as calculations are made using City meter readings. The Council may set such terms and conditions as it deems fair and necessary as a condition of its approval. In the event water is unmetered or meter information is otherwise not available, a flat monthly rate, as set from time to time by ordinance of the City Council, shall be used for billing. An owner of premises may, at his own expense, install and maintain a separate meter for the purpose of measuring water used for residential irrigation. (Ord. 1151 § 1, 1997; Ord. 985 § 2, 1992; Ord. 865 § 2, 1988; Ord. 841 § 2, 1988; Ord. 757 § 2, 1985; Ord. 722 § 4, 1984)

13.24.040 Amount of water – Deductions.

Where the use of water is such that a portion does not flow into the sewer system, such as loss by evaporation, nonresidential irrigation and/or sprinkling, or is used in manufacturing or in a manufactured product, after installation and connection to the main line of a meter or other appropriate measuring device approved by the City which will measure the quantity of water so lost or used other than into the sewer system, such water may be deducted from the actual amount used for the purpose of calculating the sewer charge. (Ord. 985 § 3, 1992; Ord. 865 § 3, 1988; Ord. 841 § 3, 1988; Ord. 757 § 3, 1985)

13.24.050 Charges during irrigation season.

Sewer charges for single-family residences, duplexes, apartments, mobile homes and parks, and churches shall, during the irrigation season, be computed on the average consumption during the previous non-irrigation season if the user elects not to install a water discharge-measuring device. If an average cannot be computed for any reason, it shall become the current citywide average (currently 1,200 cubic feet). (Ord. 1490 § 1, 2008; Ord. 722 § 6, 1984)

13.24.060 Conditions for exemption for swimming pool.

If a user has a swimming pool on his property, he must install an approved measuring device to claim exemption during the irrigation season. (Ord. 722 § 7, 1984)

13.24.070 Fee to mitigate impact of certain divisions or developments on storm sewer system.

A.    For the purpose of this chapter, unless otherwise clearly indicated from the context, the following words shall have the meanings set forth in this subsection:

1.    “Division of land” means a subdivision, short subdivision, plat or short plat, or binding site plan, as defined in RCW 58.17.020.

2.    “Lot” means the same as “tract” or “parcel,” and one term may be substituted for the other without changing the meaning. For purposes of this section, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area. A lot may consist of:

a.    A single lot of record;

b.    A portion of a lot of record;

c.    A combination of complete lot of record, of complete lots of record and portions of lots of record, or of portions of lots of record;

d.    A parcel of land described by metes and bounds.

3.    “Development” means the improvement of any lot through the construction or placement of any building or structure other than a single-family residence or duplex, or impermeable surface, including the permanent or semi-permanent placement of any stationary machinery or equipment.

B.    1.    Upon a division of land or upon the development of a lot, tract, parcel, or portion thereof, the owner of the land shall pay a fee of $0.05 per square foot upon the gross property area being divided, or the gross square footage being developed, including undevelopable portions such as, but not limited to, reserve tracts, stormwater tracts, open space tracts, and critical areas, for the purpose of mitigating the impact or potential impact of such division or development upon the existing storm sewage system of the City.

2.    Unless deferred until a request for final inspection, upon the issuance of a single-family residential building permit, the customer shall pay a fee of $500.00 for the purpose of mitigating the impact or potential impact of such permit upon the existing storm sewage system of the City.*

C.    The fee set forth in subsection (B) of this section shall not be in lieu of any requirements to install on-site storm drainage improvements as now or hereafter adopted as City standards.

D.    All fees collected in accordance with this section shall be placed in a fund designated the City storm drainage improvement fund, created by this section, and shall be used for the construction and/or upgrading of the City’s storm drainage system at such time and in such manner as determined by the City Council.

E.    Vanderyacht Regional Storm Pond Connection Fee.

1.    The Vanderyacht regional stormwater pond connection fee shall be $48,683 per acre foot for development when, in compliance with prior developer’s agreements, they are not to be charged for conveyance costs.

2.    The Vanderyacht regional stormwater pond connection fee shall be $48,683 per acre foot for detention and treatment and $54,359 per acre foot for conveyance for all other development that is not subject to a prior developer’s agreement.

3.    Capacity shall be tracked by the City of Ferndale Public Works Stormwater Department.

F.    Neubauer Regional Storm Pond Connection Fee.

1.    The Neubauer regional stormwater pond connection fee shall be $59,830 per acre foot for detention and treatment.

2.    Capacity shall be tracked by the City of Ferndale Public Works Stormwater Department.

G.    SW Stormwater Management Facility Connection Fee.

1.    The SW stormwater management facility connection fee shall be as calculated in “Adjusted Costs” column shown per parcel on City of Ferndale Southwest Stormwater Management Facility Connection Fee Summary.

2.    The SW stormwater management facility connection fee will be due upon the approval of a permitted or conditional use on the subject parcel. Within the context of this subsection (G), “approval” shall mean the recording of a subdivision, planned unit development or specific binding site plan, or the issuance of a building permit, whichever occurs first.

3.    No development or redevelopment shall exceed “Modeled Post Impervious” column on City of Ferndale Southwest Stormwater Management Facility Connection Fee Summary unless authorized by the Public Works Director to implement on-site infiltration best management practices for the impervious exceedance only.

4.    Should a developer combine two or more parcels, the allowable impervious surfaces for those combined shall not, in any combination of new lots, exceed that of the original individual lots combined. (Ord. 2074 § 1 (Att. A), 2018; Ord. 1916 § 5, 2015; Ord. 1822 § 1, 2014; Ord. 1698 § 1, 2012; Ord. 1620 § 1, 2010; Ord. 1570 §§ 1, 2, 2010; Ord. 1565 § 1, 2010; Ord. 1315 §§ 1, 2, 2003; Ord. 1311 §§ 1, 2, 2003; Ord. 660 §§ 1 – 4, 1982)

*    Code reviser’s note: Ord. 1916 establishes a permanent impact fee deferment on option on residential construction consistent with RCW 82.02.050 and SB5923.