Chapter 15.40
STORMWATER UTILITY
Sections:
15.40.010 Establishment and powers.
15.40.040 Imposition of Stormwater Utility service charges.
15.40.050 Equivalent service unit and unit rate.
15.40.080 Administrative procedures.
15.40.085 Special revenue fund.
15.40.090 Commencement of charges.
15.40.100 Lien for delinquent charges and foreclosures.
15.40.010 Establishment and powers.
Pursuant to Chapter 36.89 RCW, a utility to be known as the Cowlitz County Stormwater Utility is established under the direction of the Board of County Commissioners to be administered and operated by the Department of Public Works. The utility is authorized to exercise all lawful powers necessary and appropriate to planning, designing, establishing, acquiring, developing, financing, constructing, operating, managing, improving, maintaining, controlling and requesting stormwater facilities including, without limitation, all lawful powers to fix, alter, regulate and control the rates and charges and conditions for the use thereof and full power to enter into agreements with other governmental entities for such purposes. [Ord. 08-169 § 1, 12-2-08.]
15.40.020 Purpose.
The purpose of this chapter is to create a funding methodology which provides resources to establish, manage, revise, plan, design, construct, maintain, and upgrade the storm drainage and surface water runoff systems within the Cowlitz County service area to minimize property damage, promote and protect the public health, safety and welfare, minimize water quality degradation by preventing siltation, contamination and erosion of the county’s waterways, protect aquifers, ensure the safety of county roads and rights-of-way, assure compliance, increase educational and recreational opportunities, preserve fisheries, encourage the retention of open space, and foster other beneficial public uses. [Ord. 08-169 § 1, 12-2-08.]
15.40.030 Definitions.
For the purposes of this chapter, the words or phrases below shall have the following meanings:
“Board” means the Cowlitz County Board of Commissioners.
“County” means the unincorporated areas of Cowlitz County or, as indicated by the context, may mean the Department of Public Works, Public Works Director, County Engineer, or other employee or agent representing the county in the discharge of his or her duties.
“County roads” means public rights-of-way, excluding state roads, in the areas served by the Stormwater Utility.
“Cowlitz County Stormwater Utility Appeals Board” means the Board of Commissioners or their designee.
“Developed parcel” means a parcel of real property which has been altered by the construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.
“Director” means the Director of the Cowlitz County Department of Public Works, or his/her designee.
“Equivalent service unit” (ESU) means a configuration of impervious surface estimated to contribute an amount of runoff to the county’s stormwater management system which is approximately equal to that created by the average single-family residential developed parcel in the service area.
“Impervious surfaces” means hard surfaced areas that are compacted or covered with material that prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at a higher rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, roads, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and hard-packed dirt, gravel, bituminous, asphalt, concrete, oiled or other surfaces which similarly impede the natural infiltration of surface water or alter runoff patterns existent prior to development.
“Licensed and qualified professional” means a person who is licensed in the State of Washington to be a professional hydrogeologist or professional engineer.
“Low impact development” is an ecologically friendly approach to site development that mitigates development impacts to land and water by decentralizing stormwater management and absorbing rainfall throughout the landscape.
“Manager” means the Director of the Cowlitz County Department of Public Works, or his/her designee.
“Multiple-family residence” means a residential structure designed for occupancy by two or more families living independently of each other with each unit containing cooking facilities and plumbing facilities, as defined by the Cowlitz County Land Use and Development Code.
“NPDES” means National Pollution Discharge Elimination System.
“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for real property purposes, and a tax account number assigned by the Cowlitz County Assessor-Treasurer.
“Service area” means the unincorporated area within Cowlitz County constituting an urbanized area as defined by the latest decennial census conducted by the U.S. Bureau of Census. Service area includes those parcels depicted on the map appended to the ordinance codified in this chapter as Exhibit “A” and detailed on a listing of parcels identified within such urbanized area maintained on file in the office of the Cowlitz County Department of Public Works.
“Service charges” means the stormwater utility fee in an amount to be determined by applying the appropriate rate to a particular parcel of real property based upon factors established in this chapter.
“Single-family residence” means a residential structure designed exclusively for occupancy by one family, including mobile homes, as defined by the Cowlitz County Land Use and Development Code.
“Special revenue fund” means a fund used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects. Restricted revenues are resources externally restricted by creditors, grantors, contributors or laws or regulations of other governments or restricted by law through constitutional provisions or enabling legislation. Committed revenues are resources with limitations imposed by the highest level of the government, and where the limitations can be removed only by a similar action of the same governing body. (Revenues do not include other financing sources such as long-term, debt, investment earnings, transfers, etc.)
“State roads” means state highway rights-of-way as defined in RCW 90.03.520.
“Stormwater facilities” means any facility, improvement, development, property or interest thereon, made, constructed or acquired for the purpose of controlling or protecting life or property from any runoff, storm, waste, flood or surplus waters wherever located within the county, and shall include but not be limited to the improvements and authority described in Chapters 86.13 and 86.15 RCW.
“Undeveloped land” means unimproved land.
“Undeveloped parcel” means any parcel of real property which has not been altered by the construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.
“Unit rate” means the dollar amount charged per ESU. [Ord. 16-084 § 1, 8-2-16; Ord. 08-169 § 1, 12-2-08.]
15.40.040 Imposition of Stormwater Utility service charges.
A. Service charges for the Stormwater Utility are hereby authorized and imposed on parcels within the service area in amounts and on terms consistent with this chapter.
B. The service charges shall be based on the service provided to and the relative contribution of stormwater runoff to the stormwater management facilities from a given parcel. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel.
Service charges shall be determined as follows:
1. Undeveloped Land and Parcels. Undeveloped land and/or parcels shall be deemed not to make use of the service of the stormwater system and an equivalent service unit shall not be assigned nor a unit rate charged.
2. County Roads. County roads shall be charged in the same manner as other developed parcels, but shall be charged 50 percent of the unit rate.
3. State Roads. State roads shall be charged in the same manner as other developed parcels but, as provided in RCW 90.03.525, state roads shall be charged 30 percent of the unit rate.
4. Single-Family Residences. The service charge for each single-family residence shall be the unit rate for one equivalent service unit, regardless of square footage of impervious surface.
5. Other Developed Parcels. The service charge for all other developed parcels, including publicly owned properties, shall be determined by measuring the impervious surfaces of such parcels and dividing the total impervious area contained therein by the equivalent service unit and multiplying that result to the unit rate minus any approved rate adjustment for the parcel as determined under CCC 15.40.070.
6. Minimum Charge. There shall be a minimum service charge for all developed properties equal to the unit rate. [Ord. 08-169 § 1, 12-2-08.]
15.40.050 Equivalent service unit and unit rate.
Both the equivalent service unit, expressed as the amount of impervious surface area measured in square feet and the unit rate, expressed as a dollar amount per equivalent service unit, will be established by resolution. [Ord. 08-169 § 1, 12-2-08.]
15.40.060 Billing.
A. Property Tax Statements. Service charges established pursuant to this chapter shall be billed annually. The service charge for each parcel shall be displayed and billed on Cowlitz County’s annual property tax statement and shall be mailed to the name and address shown on the real property tax roll at the time annual property tax bills are prepared. Parcels that do not receive a property tax statement will receive a separate billing statement for the applicable service charges.
B. Payment Date. The total amount of the stormwater utility service charge shall be due and payable on or before the thirtieth day of April and shall be delinquent after that date; provided, however, if the total due on the property tax statement is $50.00 or more and one-half of the service charge is paid on or before the said thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October and shall be delinquent after that date.
C. Payment Application. If a payment is received in conjunction with a combined property tax and stormwater utility service charge, and the payment is less than the amount due, the payment shall be applied first to the annual property tax of the parcel and any remaining amount to the stormwater utility service charge. [Ord. 08-169 § 1, 12-2-08.]
15.40.070 Rate adjustments.
A. Any person billed for service charges may file a request for service charge adjustment with the Manager within 30 days of the date of the bill. However, submittal of such a request does not extend the delinquency date for payment of the charge.
A request for service charge adjustment may be granted or approved by the Manager only when one or more of the following conditions exist:
1. The amount charged is in error; however, no adjustment will be made unless the parcel is non-residential and the county’s calculation of the impervious surface area on the parcel is shown to be in error by at least one ESU, as agreed upon by the county; or
2. The parcel exists in its undeveloped condition and will remain in that condition with no allowable human activities or manmade improvements that adversely affect water quantity or quality.
B. Service charge adjustments will only apply to the bill then due and payable, and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted.
C. Decisions on requests for service charge adjustment shall be made by the Manager based on information submitted by the applicant and by the county within 30 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the Manager’s decision. [Ord. 08-169 § 1, 12-2-08.]
15.40.075 Rate credits.
A. To qualify for a service charge credit, a person must file a request for service charge credit with the Manager before October 1st of the year preceding the year for which the owner is requesting credit. Parcels with facilities that meet one or more of the criteria listed below may receive:
1. A 30 percent reduction from the annual service charge for a constructed or natural on-site stormwater mitigation facility that meets all of the following conditions:
a. The service charge before the service charge credit exceeds the minimum charge; and
b. The constructed or natural facility provides storm or stormwater detention, retention, water quality treatment, and/or conveyance; and
c. The Manager has determined that the property owner is capable of maintaining and operating the facility; and
d. The facility is maintained by the property owner to the county’s design specifications; and
e. The facility is available for inspection by the county.
2. A 10 percent reduction from the annual service charge for implementation of low impact development techniques on a significant portion of the parcel.
3. A 40 percent reduction from the annual service charge for having an active and valid NPDES industrial stormwater general permit or having an active and valid NPDES industrial permit, where the permit includes stormwater discharge, when that parcel discharges stormwater into county-maintained stormwater facilities.
4. A 70 percent reduction from the annual service charge for having an active and valid NPDES industrial stormwater general permit or having an active and valid NPDES industrial permit, where the permit includes stormwater discharge, when that parcel discharges directly into a large exempt water body that will not affect county-maintained stormwater facilities.
Credits for on-site stormwater quality and quantity mitigation facilities and for low impact development may be combined for a total 40 percent reduction from the annual service charge. Credits for NPDES permits may not be combined with other allowable credits.
B. The following information may be required by the Manager to determine eligibility for a service charge credit:
1. Approved stormwater plans and calculations certified by a licensed and qualified professional;
2. A copy of the stormwater facility maintenance and operation manual certified by a licensed and qualified professional;
3. Signature of the person responsible for the accuracy of the credit application material;
4. An agreement with the county that allows the county to enter onto the parcel to inspect the drainage facility and verify all information submitted;
5. Other information, as required by the Manager, to determine that the property owner is willing and has the capacity to maintain the facility;
6. A copy of the NPDES industrial permit and the stormwater pollution prevention plan.
C. Any credit granted by the Manager is revocable under conditions where the facility no longer operates at the design level established during the stormwater plan review/approval process.
D. Service charge credits will only apply to bills subsequently issued. The property owner shall have the burden of proving that the service charge credit should be granted.
E. Decisions of the Manager on requests for service charge adjustments shall be final unless appealed to the Cowlitz County Stormwater Utility Appeals Board within 30 days of the date of the decision. [Ord. 08-169 § 1, 12-2-08.]
15.40.080 Administrative procedures.
The Manager, the Cowlitz County Assessor, and the Cowlitz County Treasurer are hereby authorized to establish all administrative procedures necessary to implement the provisions of this chapter. The Treasurer shall be authorized to charge and collect a fee for collecting, disbursing, and accounting for the stormwater utility service charges as provided in RCW 36.29.180, as now enacted or hereafter amended. [Ord. 08-169 § 1, 12-2-08.]
15.40.085 Special revenue fund.
Service charges, interest and penalties for delinquent charges, and earnings thereon, together with revenue from all funding sources related to the stormwater utility, shall be deposited in a special revenue fund or funds in the office of the County Treasurer. Such funds shall be used only for the purpose of paying all or any part of the cost and expense of regulating, monitoring and evaluating stormwater impacts, maintaining and operating stormwater facilities, planning, designing, establishing, acquiring, developing, constructing or improving such facilities, or educating the public on issues related to stormwater. [Ord. 16-084 § 1, 8-2-16; Ord. 08-169 § 1, 12-2-08.]
15.40.090 Commencement of charges.
The annual service charge shall be based upon impervious surface area and parcel status as of the first day of January each year. For new construction, service charges will commence the first day of January following the issuance of a building permit, creation of an impervious surface area, or installation of a water meter, whichever comes first. For existing structures, service charges will commence on the first day of January following the effective date of the ordinance establishing this chapter. [Ord. 08-169 § 1, 12-2-08.]
15.40.100 Lien for delinquent charges and foreclosures.
A. Liens. Cowlitz County shall have a lien for delinquent service charges in the manner of and as provided under Chapter 84.60 RCW, including interest and penalties thereon, against any real property for which stormwater utility service charges have been imposed. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments and shall be enforced and foreclosed as provided in Chapter 84.64 RCW.
B. Interest. Delinquent service charges shall be charged interest and penalties on the delinquent balance at the same rates as apply to delinquent property taxes under Chapter 84.56 RCW. [Ord. 08-169 § 1, 12-2-08.]
15.40.110 Severability.
If any section, clause or provision of this chapter shall be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid. [Ord. 08-169 § 1, 12-2-08.]