Chapter 14.28
SURFACE WATER MANAGEMENT UTILITY
Sections:
14.28.010 Findings of need for utility.
14.28.060 Disposition of fund.
14.28.070 Policy for surface water management charges.
14.28.080 Review and approval of plans required.
14.28.090 System impacts developer contribution.
14.28.100 Disconnection from sanitary sewer system required when cost effective.
14.28.125 Alternative commercial service charge.
14.28.130 Method of calculating service charge.
14.28.150 Billing and collection.
14.28.160 Adjustment of charge.
14.28.170 General facility charge exemptions.
14.28.010 Findings of need for utility.
The city of Buckley finds that:
(1) Stormwater drainage and surface water runoff within the city must be controlled in a manner that mitigates damage to property, erosion of soil, and restriction of natural or manmade watercourses, due to unrestricted sedimentation;
(2) The current level of funding for storm drainage and surface water control in the city is not adequate to meet current and future needs to protect private and public property from damage caused by urban stormwater runoff;
(3) The existing storm drainage and surface water facilities of this city must be adequately maintained, operated, and replaced, through a funding program that is fair and equitable;
(4) The extent of impervious groundcover, which increases the amount and rate of stormwater drainage or surface water runoff from a parcel of property, is the primary factor determining the contribution of each parcel of property to the flow rate and quantity of runoff from such property into the city storm drainage and surface water control systems;
(5) All developed real property within the corporate boundaries of the city contributes runoff to the city’s stormwater drainage system and all developed property benefits from the stormwater management efforts of the city and should participate financially in the payment of all expenses for administration, maintenance, operation, and improvement of such a stormwater drainage system. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.020 Purpose.
It is the purpose of this chapter to create a funding method to provide financing for planning, development, management, operation, maintenance, use, and alteration of the surface water management system in the drainage basins of the city in order to maintain their hydrologic balance, minimize property damage, promote and protect the public health, safety, and welfare of the community, minimize water quality degradation by preventing siltation and erosion of the city’s waterways, ensure the safety of the city streets and rights-of-way, increase educational and recreational opportunities, encourage the retention of open spaces and foster any other beneficial public use. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.030 Definitions.
For the purposes of this chapter, the words and phrases below shall have the following meanings:
(1) “City” means the city of Buckley, Washington.
(2) “Detention facilities” mean facilities designed to hold runoff for a short period of time and then release to the natural watercourse.
(3) “Developed” means that condition of real property altered from its natural state by the addition to or construction on such property of impervious groundcover or other manmade physical improvements such that the hydrology of the property or the portion thereof is affected.
(4) “Equivalent service unit (ESU)” means 5,000 square feet of impervious groundcover.
(5) “Impervious surface” means those hard surfaced areas which either prevent or retard the entry of water into soil in the manner that such water enters the soil under natural conditions existing prior to development, or which cause water to run off of the surface in greater quantities or at an increased rate of flow than was present under natural conditions pre-existing development. “Impervious surface” includes, without limitation, such surfaces as rooftops, asphalt or concrete paving, driveways and parking lots, walkways, patios, storage areas or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.
(6) “Residence” means a building or structure or portion thereof designed for and used to provide a place of abode for human beings. The term “residence” includes the term “residential” and “residential unit” as referring to types of buildings or structures, or their intended uses.
(7) “Retention facilities” means structures designed to hold water for a considerable length of time and then to consume water by evaporation, transportation through plants, infiltration into the ground, or other methods.
(8) “Service charge” means that fee levied by the city upon all developed real property within the boundaries of the city as authorized by BMC 14.28.120.
(9) “Single-family residential property or parcel” means any property or parcel which contains one residential unit which is within the same structure. Properties or parcels which contain more than one residence or residential unit shall be classified as non-single-family residential properties or parcels.
(10) “System” means the entire system of storm drainage and surface water runoff facilities owned by the city, or over which the city has the right of use for the movement and control of storm drainage and surface water runoff, and includes both naturally occurring and manmade facilities.
(11) “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. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.040 Utility created.
There is created a surface water management utility. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 50-97 § 5, 1997; Ord. 6-92 § 1, 1992).
14.28.050 Administration.
(1) The stormwater drainage utility created in this chapter shall be administered by the utility department.
(2) The storm drainage utility shall define and prepare cost estimates associated with its creation, administration, operation, and maintenance of the drainage system for the city, and shall develop a specific system and structure of rates for review and approval by the city. The surface water management utility shall develop procedures and mechanisms for the billing, collection, and administration of the service charges established by the city for stormwater management. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.060 Disposition of fund.
Revenue from surface water management facilities charges assessed by BMC 14.28.140 shall be deposited in the stormwater capital project fund. Revenue from surface water management service charges assessed by BMC 14.28.120 shall be deposited in the street and stormwater maintenance fund for the purpose of maintaining the surface water management utility. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 50-97 § 6, 1997; Ord. 6-92 § 1, 1992).
14.28.070 Policy for surface water management charges.
It is the policy of the city that the rate structure to be applied in establishing the service fee assessed against each parcel of developed real property within the corporate limits of the city shall be based upon the amount of impervious surface contained within each parcel of property, except that the following properties are exempt from surface water management charges:
(1) City street right-of-way;
(2) Park open space;
(3) Federally owned lands located within the corporate limits of the city;
(4) Undeveloped parcels of land. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.080 Review and approval of plans required.
All plans prepared in connection with any of the permits or approvals required by the city for grading, building, rezoning, platting, or short platting of land shall contain a drainage plan which shall be submitted for review and approval to the utility department. A fee of two percent of the projected cost of off-site drainage improvements required by the proposal shall be charged by the city for review of the plans. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.090 System impacts developer contribution.
The city will require mitigation of the off-site impacts that land use will have upon surface water runoff in the city. The owner of a land development shall pay a fair and equitable pro rata portion of the specific off-site drainage improvements which become necessary due to the development on his site. The cost for mitigation of off-site impact shall be paid in addition to costs of any on-site control features required by the city. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.100 Disconnection from sanitary sewer system required when cost effective.
The owner of any lands, buildings or premises where there is a direct connection from the roof, foundation drains or area drains of said property to the city’s sanitary sewer system or there exists any other opening which allows stormwater, ground water or surface water from the sanitary sewer system, is required to disconnect or cause to be disconnected, the source or sources of stormwater, ground water or surface water from the sanitary sewer system, where said disconnection is determined by the city to be cost effective. Disconnection will be determined to be cost effective when there are existing alternate storm drainage facilities available at the property line for reconnection of said drains, or where alternate storm drainage facilities can be provided at the property line for a cost not to exceed $350.00. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.110 Connection charges.
The storm sewer connection charge on all new storm sewer connections shall be established by resolution of the city council. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 13-08 § 16, 2008; Ord. 23-94 § 5, 1994; Ord. 6-92 § 1, 1992).
14.28.120 Service charge.
(1) A surface water management utility service charge is imposed upon every parcel of land with developed impervious surface area within the city of Buckley, excepting only those properties identified as exempt from assessment of a surface water management service charge as specified in this chapter.
(2) This charge is deemed reasonable and is necessary to fund the repair, replacement, operation, maintenance and improvement of all existing and future surface water management facilities, and includes the accumulation of reserves and the retirement of any debt.
(3) Service charges for the surface water management utility shall be established by resolution of the city council.
(4) A minimum of 20 percent of revenues from the surface water management utility service charge shall be deposited into the stormwater capital project fund, which may be appropriated from time to time for the designing and construction of improvements, reconstruction, replacement, extension, or major repair of the city stormwater system. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 13-08 § 17, 2008; Ord. 25-07 § 1, 2007; Ord. 22-06 § 1, 2006; Ord. 24-05 § 1, 2005; Ord. 01-05 § 2, 2005; Ord. 13-03 § 1, 2003; Ord. 16-01 § 2, 2001).
14.28.125 Alternative commercial service charge.
In the alternative to service charges set forth under BMC 14.28.120 and in order to ensure that nonresidential parcels are not unfairly or disproportionately burdened with the cost of maintaining and operating the surface water management utility, the charge for commercial developed parcels shall be established by resolution of the city council. In the event this conflicts with the charge provided for under BMC 14.28.120, the charge set forth herein shall govern. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 13-08 § 18, 2008; Ord. 25-07 § 2, 2007; Ord. 22-06 § 2, 2006; Ord. 24-05 § 2, 2005; Ord. 10-04 § 1, 2004; Ord. 04-00 § 1, 2000).
14.28.130 Method of calculating service charge.
(1) The city shall determine the number of single-family residential parcels within the city and shall designate each as a single ESU irrespective of the size of the parcel or the amount of impervious area within such a parcel, until such time as the parcel is divided or the use of the land is modified to other than single-family residential use.
(2) The city shall measure the impervious surface of all nonresidential undeveloped parcels in the city, except for those that are exempt from the surface water utility charge as described by BMC 14.28.070. The impervious area will be divided into ESUs, and the number of ESUs will be multiplied by a base rate to determine the surface water management charge assessed against each parcel. Each developed, nonexempt parcel of property shall be deemed to contain a minimum of at least one ESU.
Those properties remaining in an undeveloped condition are deemed not to make use of the services of the surface water management utility beyond that used by such property in a natural state. Therefore, no service charge shall be imposed upon that real property within the boundaries of the city which remains undeveloped. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.140 Facilities charge.
For each new development on land, the city shall charge surface water management utility general facilities charges, which charges shall be established by resolution of the city council. The general facility charges for surface water management identified in this section will be automatically increased each year on January 1st, compared to the prior year, by the percentage reflected in the Seattle ENR Construction Cost Index (CCI).
For new development the general facility charge shall be assessed and collected upon application for a building permit pursuant to BMC 3.50.035. (Ord. 07-22 § 3, 2022; Ord. 03-10 § 1 (Exh. A), 2010; Ord. 13-08 § 19, 2008; Ord. 26-06 § 3, 2006; Ord. 6-92 § 1, 1992).
14.28.150 Billing and collection.
The surface water management utility service charge for each parcel of real property within the city limits shall be computed on a monthly basis and shall be due with all other utility charges. Revenues collected as surface water management fees shall be deposited in a surface water management fund, as established by this chapter.
Pursuant to RCW 35.67.200, et seq., the city shall have a lien for delinquent and unpaid stormwater sewer charges. A sewer lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. Enforcement and foreclosure of any sewer lien shall be in the manner provided by state law. Interest on the unpaid balance shall be eight percent per annum or higher rate as authorized by law. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 05-00 § 5, 2000).
14.28.155 Payment of fees.
(1) All surface water management utility service charges are due and payable at the office of the city administrator by the fifteenth of every month (due date). If payment is not received within five days of the due date, the account shall become delinquent. On or about the first of every month a notice shall be sent to the customer noting the balance due, including any penalties and interest. After the city sends a notice of delinquency on the account, the customer must pay any delinquent amounts within 15 days. Any surface water management utility service account that has been deemed delinquent shall be assessed a late penalty of five percent of the delinquent amount.
(2) The city administrator is authorized to waive all or any portion of the penalties and interest if the administrator determines that late payment was the result of excusable neglect or extreme hardship. (Ord. 04-19 § 4, 2019; Ord. 15-10 § 5, 2010; Ord. 03-10 § 1 (Exh. A), 2010; Ord. 05-09 § 8, 2009).
14.28.160 Adjustment of charge.
Any person who believes that the surface water management charges applied to his or her parcel are inaccurate, or otherwise disagrees with the city’s determination of the surface water management rate applied to his or her parcel, may apply to the utility superintendent for a rate adjustment, stating in writing the grounds for the complaint. The utilities superintendent shall review the appeal and report his findings to the city administrator for evaluation. The city administrator shall consider the appeal and the staff recommendation, and shall determine whether an adjustment is necessary to provide for reasonable and equitable application of the surface water management service charge.
Interest shall be added to any delinquent surface water management utility service fee at the rate of one percent per month.
For purposes of this section, the notice of determination of fees shall be effective upon the date that the city administrator mails his decision to the appellant, postage prepaid to the address of the appellant. Notice of charges shall be the monthly account billing date; provided, that a reduction or increase in charges shall be allowed only from the billing date. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 6-92 § 1, 1992).
14.28.170 General facility charge exemptions.
The city council may consider awarding a property owner/applicant a partial or full exemption/credit from the stormwater general facility charge for one or more of the following reasons:
(1) For the value of the construction of off-site, nonfrontage, stormwater facilities; provided, that the facilities are identified in the list of projects used to determine the impact fee.
(2) For the value of low impact development measures incorporated into design and construction, which reduces the quantity of runoff and increases the water quality.
Nothing in this exemption shall be construed to be a waiver of the operation charge for the utility. (Ord. 03-10 § 1 (Exh. A), 2010; Ord. 15-00 § 1, 2000).