Chapter 13.125
STORM DRAINAGE UTILITY*
Sections:
13.125.005 Creation of storm drainage utility.
13.125.030 Classification of property.
13.125.040 Undeveloped real property.
13.125.050 Property exempt from service charges.
13.125.060 System development charges.
13.125.065 System development charge credits for existing and prior uses.
13.125.067 System development charge credits for system improvements.
13.125.070 Use and transfer of system development charge credits.
* Prior ordinance history: Ords. 95-769, 99-017 and 99-025.
13.125.005 Creation of storm drainage utility.
There was created and established a storm and surface water utility of the city under Ordinance No. 467 for the purpose of administering the city’s storm and surface water public utility and is known as the “City of Battle Ground, Washington, Storm Drainage Utility” (the “utility”). The storm drainage utility shall continue as originally created. (Ord. 00-028 § 8 (part), 2000)
13.125.010 Definitions.
The following words when used in this chapter on storm drainage shall have the following meanings, unless the context clearly indicates otherwise:
“Equivalent residential unit” for the drainage utility is a measure equal to three thousand square feet of impervious groundcover or a portion thereof, and is the measure of impervious groundcover to be used by the utility in assessing service charges and system development charges against each parcel of property.
“Facilities” means any natural or manmade conveyance and/or collection system which is incorporated into the storm drainage system of the city of Battle Ground.
“Undeveloped” means that condition of real property unaltered by the construction or addition to such property by man of impervious groundcover or physical manmade improvements of any kind which change the hydrology of the property from its natural state.
“Utility” means the city of Battle Ground, Washington, storm drainage utility created by Ordinance No. 467 of the city, passed on November 1, 1982, as it may be expanded by the city of Battle Ground stormwater master plan. (Ord. 13-11 § 1, 2013: Ord. 00-028 § 8 (part), 2000)
13.125.020 Rate policy.
It shall be the policy of the city that the rate structure to be applied in establishing the amount of service charges and system development charges assessed against each parcel of developed real property within the boundaries of the utility shall be based upon the amount of impervious groundcover contained within each parcel of property as measured by BGMC 13.125.030, except for those properties set forth in BGMC 13.125.050. (Ord. 00-028 § 8 (part), 2000)
13.125.030 Classification of property.
The utility shall measure the impervious groundcover of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent residential units contained therein; three thousand square feet of impervious groundcover shall equal one equivalent residential unit. All detached single-family residences and mobile homes 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 groundcover on each property by three thousand, the total thus obtained will be rounded up to the nearest whole number 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. 00-028 § 8 (part), 2000)
13.125.040 Undeveloped real property.
In accordance with the policy established in BGMC 13.125.020 that the service charges be determined by the amount of impervious groundcover 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 those uses 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. 14-07 § 11, 2014: Ord. 00-028 § 8 (part), 2000)
13.125.050 Property exempt from service charges.
The following special categories of property are exempt from service charges and system development charges:
A. City street rights-of-way, all of which are a part of the system pursuant to the plan;
B. State of Washington highway rights-of-way, so long as the state of Washington agrees to maintain, construct and improve all drainage facilities contained within such rights-of-way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the city;
C. All railroad rights-of-way so long as each railroad exempted hereby agrees to maintain, construct and improve all drainage facilities as required by the utility and in conformance with all utility standards for the maintenance, construction and improvements of such facilities hereafter established by the utility, at no cost to the utility or to the city, and so long as each railroad grants to the city, on behalf of the utility, a perpetual easement for the purposes of storm drainage over the entire railroad right-of-way within the boundaries of the utility. (Ord. 00-028 § 8 (part), 2000)
13.125.060 System development charges.
A. A system development 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 chapter. Such system development charge shall be levied for the purposes of assessing against such previously undeveloped property or portion of real property, at the time such property or portion becomes joined to and commences to use the facilities of the system, in order that such property may bear its fair share of the cost of the utility.
B. The system development charge shall be levied in an amount determined by multiplying the base charge as established from time to time by the stormwater master plan as approved by the city 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 in which application for a building or construction permit is made by the owner of the property or its agent. System development charges shall be calculated, due, and payable at the time of building permit issuance unless deferred pursuant to BGMC 13.125.062. (Ord. 24-18 § 3, 2024; Ord. 22-18 § 3, 2022; Ord. 13-11 § 2, 2013: Ord. 00-028 § 8 (part), 2000)
13.125.062 Deferral of system development charges—Projects receiving system development charge credits.
For projects that will earn system development charge credits pursuant to BGMC 13.125.067, the storm system development charge fee may be deferred at the request of an applicant. The request defers the portion of the storm system development charge up to the maximum credits available, until prior to final occupancy issuance or eighteen months from the date of original building permit issuance, whichever occurs first. Deferral of storm system development charges is considered under the following conditions:
A. A staff report or final order must establish that the applicant is eligible for a storm system development charge credit pursuant to BGMC 13.125.067.
B. If the storm system development charge due exceeds the maximum credit available, the difference is due at time of building permit issuance.
C. A request for storm system development charge deferral must be made at the time of building permit submittal; any requests received after submittal will be denied. An administrative fee, set forth in the city of Battle Ground fee schedule, will be due at the time of submittal.
D. The applicant for storm system development charge deferral must grant and record in favor of the city of Battle Ground a system development charge lien in the amount of the deferred system development charge. The lien must be on a form approved by the city attorney, signed by all owners of the property, with all signatures acknowledged as required for a deed, and recorded among the appropriate land records of Clark County. Proof of such recording shall be submitted to the city before a building permit will be issued. An obligation secured by the lien shall become due at the expiration of the deferral date unless earlier paid. The obligation secured by the lien not paid when due, shall bear interest at the statutory rate in effect on the due date.
E. The city shall withhold temporary and final occupancy permits and paving will not be allowed until the system development charges have been paid in full via credit and/or payment. Upon receipt of final payment of system development charges deferred under this subsection, the city shall execute a release of deferred system development charge lien for each lot for which the system development charges have been received. The applicant shall be responsible for recording the lien release at his or her expense.
F. If system development charges are not paid in accordance with the deferral and in accordance with the term provisions established herein, the city may institute foreclosure proceedings in accordance with RCW Titles 60 and 61.
G. The extinguishment of a deferred system development charge lien by the foreclosure of a lien having priority does not affect the obligation to pay the system development charges as a condition of temporary or final occupancy.
Use of this deferral program does not guarantee an applicant will receive the maximum credits available. Credits will be processed per BGMC 13.125.067. The applicant is responsible for paying any difference between the maximum credits available and the credits received. (Ord. 24-18 § 3, 2024)
13.125.065 System development charge credits for existing and prior uses.
A credit against the system development charge (SDC) associated with a specific parcel may be granted by the director of public works for the elimination or conversion of existing impervious surface in conjunction with improvement, expansion of use, or redevelopment on such parcel. The credit shall be calculated using the prevailing SDC rate schedule and is subject to the following limitations:
A. A system development credit charge for existing and prior impervious surface shall be granted if the public works director finds that stormwater capacity is available in the service area and the existing or prior use has paid monthly stormwater fees, respectively, for the entirety of the one-year period immediately prior to the date of application for connection. If these two conditions are met, the applicant may apply for a one hundred percent credit against any new SDCs associated with the new use.
B. The credit against the SDC shall apply only to the parcel where the existing impervious surface resides.
C. No refunds shall be allowed for credits which exceed the amount of the SDC for which an application for connection is made.
D. In the event a structure is destroyed due to an occurrence outside of the applicant’s control, such as destruction by fire, tornado, earthquake, or other “act of God,” then the applicant may request to have their services removed such as to not be charged the base monthly service fee. Once the structure has been replaced, in order for the applicant to not be responsible for applicable SDC fees upon reconnection of service, the reconnection shall occur within one year of the removal of their service, at which time the monthly billing for services will resume. (Ord. 24-18 § 3, 2024; Ord. 21-08 § 3, 2021. Formerly 13.125.061)
13.125.067 System development charge credits for system improvements.
A. A credit against the applicable system development charge (SDC) may be granted by the director of public works for the present fair market value of any construction costs incurred in association with the improvement to or new construction of any system improvements provided by the credit applicant (or the credit applicant’s predecessor in interest) to facilities that are identified in the capital facilities plan for which system development charges are assessed and required by the city as a condition of approval for the immediate development proposal.
B. The applicability and maximum amount of the potential credits shall be identified by the development approval authority during the applicable permitting process.
C. Credits recognized by the city may be utilized in lieu of cash payment of system development charges for the subject development and/or another development within the incorporated boundaries of the city as further outlined in BGMC 13.125.070.
D. The amount of credit given shall not exceed the system development charge funded portion of the costs identified in the stormwater management plan.
E. Any credits recognized by the city and not utilized within a period of ten years from the date of issuance shall be deemed to have expired and be of no further utilization in lieu of cash payment of impact fees.
F. Prior to receiving system development charge credits, an applicant shall first submit all necessary documentation as determined by the city engineer to ensure the appropriate amount and type of system development charge credits are credited to the applicant. (Ord. 24-18 § 3, 2024; Ord. 21-08 § 3, 2021. Formerly 13.125.062)
13.125.070 Use and transfer of system development charge credits.
System development charge credits accrued pursuant to BGMC 13.125.061 and 13.125.062 may be used for the subject development for which they were earned or they may be used instead to offset future system development charge assessments within the incorporated boundaries of the city. System development charge credits may additionally be transferred to another entity for use within the incorporated boundaries of the city. A credit holder may elect to transfer all of their system development charge credits or just a portion thereof.
A. To apply a system development charge credit, the credit holder shall submit a formal letter authorizing the use of their system development charge credits simultaneously with submission of their building permit application. The letter shall specifically include the amount of credits authorized to be applied and the type of credit to be applied. Prior to reducing the system development charge assessment for the accompanying building permit application by the amount of credit set forth in the authorizing letter, the finance director shall verify that the credit account holder has the amount of available credits authorized and the type of credit authorized in the letter. Upon such verification, the city shall then debit the credit account of the credit holder by the amount of system development charge credits applied. The amount of system development charge credits applied shall not exceed the amount of the system development charge assessment.
B. To transfer system development charge credits, the original credit holder shall submit a formal letter to the finance director requesting to transfer credit to another entity for use within the incorporated boundaries of the city. It shall be up to the discretion of the finance director to permit or deny any requested transfer. The finance director shall have the authority to request any additional documentation as may be necessary to determine whether or not said transfer should be permitted. Prior to authorization for any such transfer, the finance director shall verify the availability of the proposed system development charge credits to be transferred. (Ord. 21-08 § 3, 2021)