Chapter 22.04
Stormwater Management Billing Policy and Collection
Sections:
22.04.030 Account classifications.
22.04.040 Undeveloped real property.
22.04.050 Property exempt from service charges.
22.04.060 System development charge.
22.04.080 Annual review of charges and fees.
22.04.010 Definitions.
The following words when used herein shall have the following meanings, unless the context clearly indicates otherwise:
(a) The “City” shall mean the City of DuPont, Washington, a municipal corporation created and existing under the laws of the State of Washington.
(b) “Developed” shall mean 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” shall mean and be equal to 1,900 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 system development charges against each parcel of property.
(d) “Impervious ground cover” shall mean those hard surfaced areas which either 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, graded and compacted 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 DMC 22.04.030 and Section 5 of Ordinance No. 99-652.1
(f) The “system” shall mean 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 “system development charge” shall mean that fee authorized by DMC 22.04.060 and charged by the utility to property which is developed after the effective date of Ordinance No. 99-652, which charge reflects a proportionate share of the utility’s capital costs attributable to the newly developed property.
(h) “Undeveloped” shall mean 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 changes the hydrology of the property from its natural state.
(i) The “utility” means the City of DuPont, Washington, stormwater management utility created by Ordinance No. 99-651 of the City, passed on December 21, 1999. (Ord. 99-652 § 1; Ord. 10-909 § 1).
22.04.020 Rate policy.
(a) 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 number of equivalent residential units contained within each parcel of property and the service rate as set forth by DMC 22.04.030, except for those properties set forth in DMC 22.04.050.
(b) Requests for equivalent residential unit or account classification adjustments shall be evaluated by the City based on the information submitted by the property owner. Account classification adjustment request forms are available from the City. A determination shall be made within 30 days of submitting the equivalent residential adjustment request except when additional information is requested. The applicant shall be notified in writing of the City’s decision.
(c) The fees and charges for services provided by the City shall be set forth in a rate schedule adopted by ordinance of the DuPont City Council, as shown in Exhibit A.
|
Account Type |
Description |
ERU |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|---|---|---|---|---|---|---|---|---|
|
1 |
Non-Single-Family, 100-year |
0.5 |
$7.65 |
$7.81 |
$7.96 |
$7.96 |
$7.96 |
$7.96 |
|
2 |
Non-Single-Family, 25-year |
0.65 |
$9.95 |
$10.15 |
$10.35 |
$10.35 |
$10.35 |
$10.35 |
|
3 |
Cleared and Compacted |
0.33 |
$5.05 |
$5.15 |
$5.25 |
$5.25 |
$5.25 |
$5.25 |
|
4 |
ERU (no discount) |
1 |
$15.30 |
$15.61 |
$15.92 |
$15.92 |
$15.92 |
$15.92 |
Rates for each calendar year are effective January 1st of that year.
ERU = 1,900 SF of impervious area
(Ord. 99-652 § 2; Ord. 10-909 § 2; Ord. 18-1037 § 1; Ord. 18-1049 § 1).
22.04.030 Account classifications.
(a) Single-Family. All detached single-family residences, mobile homes, and multifamily units with individual water meters for each residence, and of the same nature and character as single-family residences (such as having individual driveways and individual yards), as determined by the City, are deemed to contain one equivalent residential unit.
For those multifamily dwellings which meet the criteria found in this section and which contain common areas not attributable to any particular residence, a separate calculation of that common area shall be made based upon the amount of impervious surface as measured by this section. This amount shall be billed to the owner/property manager or association of the multifamily dwelling unit.
(b) Non-Single-Family. For all other developed real properties within the utility boundaries that are not classified as single-family, 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 1,900 square feet per ERU; the total thus obtained shall 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.
(c) Non-Single-Family--50 Percent Discount. A 50 percent discount on the service rate per equivalent residential unit shall apply to all developed, non-single-family properties with privately owned and maintained infiltration systems, designed for the 100-year, 24-hour storm event in accordance with the City’s Stormwater Management Code.
To receive the discount in the service rate, the property owner is required to maintain all water quantity and/or quality control facilities in accordance with his/her Agreement for Inspection and Maintenance of Privately Maintained Storm Drainage Facilities and the City’s Stormwater Management Code. To receive the discount, the property owner shall submit documentation supporting compliance with his/her Agreement for Inspection and Maintenance of Privately Maintained Storm Drainage Facilities and the City’s Stormwater Management Code by May 30th of every even year. Failure to demonstrate compliance in maintaining the stormwater facilities within 30 days after written notification shall be cause for termination of the discount granted in this section.
(d) Non-Single-Family--35 Percent Discount. A 35 percent discount on the service rate per equivalent residential unit shall apply to all developed, non-single-family properties with privately owned and maintained infiltration systems, designed for the 25-year, 24-hour storm event in accordance with the City’s Stormwater Management Code.
To receive the discount in the service rate, the property owner is required to maintain all water quantity and/or quality control facilities in accordance with his/her Agreement for Inspection and Maintenance of Privately Maintained Storm Drainage Facilities and the City’s Stormwater Management Code. To receive the discount, the property owner shall submit documentation supporting compliance with his/her Agreement for Inspection and Maintenance of Privately Maintained Storm
Drainage Facilities and the City’s Stormwater Management Code by May 30th of every even year. Failure to demonstrate compliance in maintaining the stormwater facilities within 30 days after written notification shall be cause for termination of the discount granted in this section.
(e) Cleared and Compacted Property. For all property that is not in its natural undeveloped state (e.g., cleared of trees and grubbed; graded and/or compacted), the property owner shall receive a 67 percent discount on the rate per equivalent residential unit. Property which has been altered from its natural undeveloped state shall be charged if the property abuts a public or private street and there is not an active building permit issued for the parcel. (Ord. 99-652 § 3; Ord. 04-777 § 1; Ord. 10-909 § 3).
22.04.040 Undeveloped real property.
In accordance with the policy established in DMC 22.04.020 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. 99-652 § 4).
22.04.050 Property exempt from service charges.
Public rights-of-way provide a system for the collection, transportation and discharge of surface and storm water and further serve to provide corridors for the placement of line pipe and other storm sewer system facilities that allow interconnection of stormwater system facilities for transportation and discharge of storm and surface water. The foregoing functions provide a substantial benefit to the stormwater management utility and its ratepayers. In consideration for the in-kind benefits provided thereby, the following special categories of property are exempt from service charges and general facility charges:
(a) City street rights-of-way;
(b) Pierce County highway rights-of-way; and
(c) Washington State rights-of-way. (Ord. 99-652 § 6; Ord. 10-909 § 4).
22.04.060 System development charge.
(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 and/or receive benefit from the facilities of the system, a proportionate share of the utility’s capital cost attributable to each subsequently developed portion of property in order that such portion 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 ordinance of 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. The system development charge shall be assessed and must be paid before a building or construction permit may be issued by the City. (Ord. 99-652 § 7; Ord. 10-909 § 5).
22.04.070 Collection.
(a) All service charges, system development charges and all other fees or charges hereafter established by the City Council, as provided for in the most current version of the City fees and charges schedule as adopted by resolution or ordinance of the DuPont City Council, shall be deemed to be levied upon the premises themselves.
(b) All service charges and penalties, as provided for in the most current version of the City fees and charges schedule as adopted by resolution or ordinance of the DuPont City Council, shall be billed and collected in accordance with the procedures set forth in Chapter 17.02 DMC.
(c) The City shall have a lien for all delinquent and unpaid charges and fees for storm drainage purposes, including without limitation service charges and system development charges, assessed against all premises to which service was furnished, which 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.
(d) As an additional and concurrent method of enforcing its lien upon any premises for delinquent storm drainage charges, the utility is authorized, in accordance with law and in the manner provided by the City of DuPont Municipal Code, to stop providing water service to such premises for as long as any delinquent fees or charges remain unpaid. (Ord. 99-652 § 8; Ord. 10-909 § 6).
22.04.080 Annual review of charges and fees.
The charges and fees established by this chapter and any other ordinances of the City Council establishing charges and fees for the utility shall be reviewed annually by the utility. Subsequent to such review, the utility shall present to the City Council a budget for the utility and proposed amendments to any rates and charges necessary to enable the City to pay all costs to be incurred by the utility; provided, that failure or delay in conducting such review shall not affect the continued validity of existing charges and fees. (Ord. 99-652 § 9; Ord. 18-1038 § 1 (Exh. A)).
Ordinance No. 99-652 can be found on file in the office of the City Clerk.