Chapter 13.31
STORM WATER RATES AND CHARGES
Sections:
13.31.030 Classification of property.
13.31.040 Undeveloped real property.
13.31.050 Service charge rates.
13.31.060 Property exempt from service charges.
13.31.065 Account responsibility.
13.31.080 Connection charge rate.
13.31.100 Annual review of charges and fees.
13.31.110 Effective date of service charge.
13.31.010 Definitions.
The following words when used herein shall have the following meanings, unless the context clearly indicates otherwise:
A. The “town” means the town of Friday Harbor, Washington, a municipal corporation created and existing under the laws of the state of Washington.
B. “Developed” means that condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade physical improvements such that the hydrology of the property or portion thereof is affected.
C. An “equivalent residential unit” means and is equal to 2,000 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the utility in assessing service charges and connection charges against each parcel of property.
D. “Impervious ground cover” means those hard surfaced areas either which prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, including without limitation such surfaces as roof tops, asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage areas, and gravel, oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.
E. “Service charge” means the monthly fee levied by the utility upon all developed real property within the boundaries of the utility as authorized by FHMC 13.31.030.
F. The “system” means the entire system of storm drainage facilities owned by the utility or over which the utility has control or right of use for the movement and retention of storm and surface waters, including both naturally occurring and manmade facilities.
G. The “connection charge” means that fee authorized by FHMC 13.31.070 and charged by the utility to property which is developed after the effective date of the ordinance codified in this chapter, which charge reflects a proportionate share of the utility’s capital costs attributable to the newly developed property.
H. “Undeveloped” means that condition of real property unaltered by the construction or addition to such property by man of impervious ground cover or physical manmade improvements of any kind which change the hydrology of the property from its natural state.
I. The “utility” means the town of Friday Harbor, Washington storm water management utility created by Ordinance No. 913 of the Town, passed on November 4, 1993, and codified in Chapter 13.30 FHMC. (Ord. 914 § 1, 1993)
13.31.020 Rate policy.
It shall be the policy of the town that the rate structure to be applied in establishing the amount of service charges and connection charges assessed against each parcel of developed real property within the boundaries of the utility shall be based upon the amount of impervious ground cover contained within each parcel of property as measured by FHMC 13.31.030, except for those properties set forth in FHMC 13.31.060. (Ord. 914 § 2, 1993)
13.31.030 Classification of property.
The utility shall calculate the impervious ground cover of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent residential units contained therein; 2,000 square feet of impervious ground cover shall equal one equivalent residential unit. All detached single-family residences are deemed to contain one equivalent residential unit. For all other developed real properties within the utility boundaries, the utility shall determine the number of equivalent residential units contained thereon by dividing the number of square feet of impervious ground cover on each property by 2,000 square feet/ERU; the total thus obtained will be rounded to the nearest half representing the equivalent residential units contained on such property. Each developed parcel of property shall be deemed to contain a minimum of one equivalent residential unit. (Ord. 914 § 3, 1993)
13.31.040 Undeveloped real property.
In accordance with the policy established in FHMC 13.31.020 that the service charges be determined by the amount of impervious ground cover contained on each parcel of real property, those properties remaining in an undeveloped condition are deemed not to make use of the services of the utility or of the facilities of the system beyond that used by such property in the natural state. Therefore, no service charge shall be imposed upon that real property within the boundaries of the utility which is undeveloped. (Ord. 914 § 4, 1993)
13.31.050 Service charge rates.
In accordance with FHMC 13.31.020 and 13.31.030, there is levied upon all developed real property within the boundaries of the utility the following service charges which shall be collected from the owners of such properties:
A. Storm water base charge per ERU: $14.30.
B. For all other developed property within the boundaries of the utility, except as set forth in FHMC 13.31.060, the monthly service charge shall be multiplied by the number of equivalent residential units determined by the utility to be contained in such parcel pursuant to FHMC 13.31.030. (Ord. 1786 § 1, 2023; Ord. 1761 § 1, 2022; Ord. 1745 § 1, 2021; Ord. 1609 § 2, 2016; Ord. 1473 § 2, 2011; Ord. 1184 § 1, 2002; Ord. 1104 § 2, 1998; Ord. 993 § 2, 1995; Ord. 914 § 5, 1993)
13.31.060 Property exempt from service charges.
The following special categories of property are exempt from service charges and connection charges:
A. Town street rights-of-way;
B. Parcels owned by the town;
C. San Juan County road rights-of-way. (Ord. 914 § 6, 1993)
13.31.065 Account responsibility.
Except as otherwise provided herein, all accounts for storm water service charges shall be kept in the name and address of the legal property owner and not in the name of a tenant, and the owner shall be responsible for all storm water service charges. For those condominiums and planned residential developments which are served by only one water meter, responsibility for the storm water account shall be in the name and address of the owner’s association that represents all of the owners of the condominium units or the parcels in the planned residential development. (Ord. 1317 § 4, 2006)
13.31.070 Connection charge.
A. Except as provided in subsection C of this section, a connection charge shall be levied against and shall be collected from the owners of each parcel of real property or portion thereof which is changed from an undeveloped to a developed state subsequent to the effective date of the ordinance codified in this section. Such connection charge shall be levied at the time the owners of said property apply for a building, construction, or development permit. An additional connection charge attributable to each subsequently developed portion of property shall be levied in order that such developed portion may bear its fair share of the cost of the utility.
B. Except as set forth in subsection C of this section, the connection charge shall be lev-ied in an amount determined by multiplying the service charge as established from time to time by ordinance of the town council by the total number of equivalent residential units contained on that property or portion of property being altered from an undeveloped to a developed condition, which number shall not be less than one and shall be determined by the utility at the time at which application for a building or construction permit is made by the owner of the property or his or her agent. The connection charge shall be assessed and must be paid before a building, construction, or development permit may be issued by the town.
C. For a planned residential development located in a multifamily district, a single connection charge may be levied if:
1. The owners of all of the parcels within the development will be members of a homeowner association incorporated under the laws of the state of Washington; and
2. The incorporated homeowner association takes all necessary steps to become solely responsible for payment of all bills for the town storm water utility and all other town utility services delivered or available to such parcels, or any of them, including, but not limited to, water, sewer, and refuse.
Such connection charge shall be levied at the time the first application is submitted to the town for a building, construction or development permit on any parcel within the planned residential development and shall be collected from such applicant before issuance of the permit. The charge shall be levied in an amount determined by multiplying the service charge as established from time to time by ordinance of the town council by the total number of equivalent residential units contained within the entire planned residential development.
D. The connection charge shall be adjusted annually each January 1st by the average percentage increase or decrease of the Seattle Consumer Price Index (CPI-U) as reported for June to June of the previous year. (Ord. 1610 § 2, 2016; Ord. 1310 § 1, 2006; Ord. 1184 § 2, 2002; Ord. 1104 § 3, 1998; Ord. 914 § 7, 1993)
13.31.080 Connection charge rate.
The connection charge shall be $1,995 per equivalent residential unit. (Ord. 1789 § 1, 2023; Ord. 1764 § 1, 2022; Ord. 1746 § 1, 2021; Ord. 1703 § 1, 2020; Ord. 1678 § 1, 2019; Ord. 1638 § 1, 2017; Ord. 1610 § 3, 2016; Ord. 1585 § 2, 2015; Ord. 1380 § 2, 2008; Ord. 1184 § 1, 2002; Ord. 1104 § 4, 1998; Ord. 914 § 8, 1993)
13.31.090 Collection.
A. All service charges, connection charges and all other fees or charges hereafter established by the town council by ordinance shall be deemed to be levied upon the premises themselves.
B. The town shall have a lien for all delinquent and unpaid charges, fees, and penalties assessed for storm drainage purposes, which lien shall be assessed against all premises to which service was furnished or available. Said lien shall have the superiority established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.220 et seq.
C. As an additional and concurrent method of enforcing its lien upon any premises for delinquent storm drainage charges, the town is authorized, in accordance with RCW 35.67.290, to cut off the water service to such premises for so long as any delinquent fees or charges remain unpaid, or for such shorter period as may be required by law. The suspension of service shall not relieve the person owning such account from the duty of complying with the provisions of this chapter.
D. All storm water billings are due and payable by the tenth of the month following billing. All town utility services to accounts will be disconnected on the fiftieth day following the billing date unless the account is paid in full. (Ord. 914 § 9, 1993)
13.31.100 Annual review of charges and fees.
The charges and fees established by this ordinance and any other ordinances of the town council establishing charges and fees for the utility shall be reviewed annually by the Utility. Subsequent to such review, the administrator shall present to the town council a yearly budget for the utility and proposed amendments to any rates and charges necessary to enable the town to pay all costs to be incurred by the utility. (Ord. 914 § 10, 1993)
13.31.110 Effective date of service charge.
The service charge established in this chapter shall apply to all developed properties on or after January, 1993, and shall be billed beginning in February, 1993. (Ord. 914 § 11, 1993)