Chapter 13.10
SURFACE AND STORM WATER MANAGEMENT UTILITY CODE*
Sections:
13.10.060 Authority and powers.
13.10.070 Utility program elements.
13.10.090 Program coordination.
13.10.100 Operations and maintenance.
13.10.105 Administrative support.
13.10.110 Development standards.
13.10.220 Billing practices, refunds and collection.
13.10.225 Alternative collection procedure.
13.10.300 Inspection and right of entry.
*Prior legislation: Ord. 98-7.
13.10.010 Title.
This chapter shall be known as the “surface and storm water management utility code” and shall be referred to in this chapter as the “code.” (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.020 Findings.
A. Surface water and storm water runoff and drainage within the service area 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.
B. The current level of funding available to the city for surface water and storm water management is not adequate to meet current and future needs to protect lives and private and public property from damage.
C. Existing surface water and storm water runoff and drainage facilities must be adequately maintained, operated and replaced through a funding program that is fair and equitable.
D. All developed real property within the service area contributes runoff that impacts the surface water and storm water management system and should participate financially in the development, operation, maintenance, and administration of the surface and storm water management system.
E. The extent of a parcel’s impervious surfaces and rate of surface water and storm water runoff from such parcel are primary factors determining the parcel’s contribution to flow rate and quantity of runoff and impacts upon the surface water and storm water management system. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.030 Purpose.
The purpose of this code is to promote and protect the public health, safety, and welfare by establishing a comprehensive approach to surface and storm water management pursuant to Chapter 35.67 RCW. This code seeks to protect life and property from storm, waste, flood and surplus surface waters; to protect water quality by preventing siltation, contamination and erosion of waterways; to protect aquifers; to protect fish; to assure compliance with federal and state surface water management and water quality requirements; to increase public education and citizen involvement; and to encourage the preservation of natural drainage systems. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.040 Definitions.
The following definitions shall apply throughout this code:
A. “Administrator” means the East Wenatchee city engineer or designee.
B. “Basin plan” means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing surface and storm water quality and quantity management facilities and features within individual subbasins.
C. “Best management practices” or “BMPs” means physical, structural, and/or management practices that, when used singly or in combination, prevent or reduce pollution of water.
D. “CIP” means the storm and surface water management capital improvement plan adopted by the city and county.
E. “City” means the area within the city of East Wenatchee, Washington.
F. “City council” means the legislative authority of the city.
G. “CFHMP” means the 1995 Douglas County Comprehensive Flood Hazard Management Plan, as may be amended, adopted by the city and county pursuant to Chapter 86.26 RCW.
H. “Comprehensive plan” means the Douglas County Comprehensive Flood Hazard Management Plan.
I. “County” means the unincorporated areas of Douglas County, Washington.
J. “Detention” means the short-term storage of surface water and storm water drainage runoff that is collected and then released at a predetermined rate.
K. “Developed” means a parcel that has impervious surface area.
L. “Duplex” means one building containing not more than two dwelling units permitted and/or used to house not more than two families living independently of each other and including all necessary household functions of each such family.
M. “Engineer” means a professional civil engineer, currently licensed by the state of Washington.
N. “Equivalent service unit” or “ESU” means 2,750 square feet of impervious surface area.
O. “Facility” or “facilities” means any facility, improvement, development, property or interest therein, that is made, constructed or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood or surplus waters wherever located within the county or city.
P. “Gravel” means all graveled surfaces available for use as roads, driveways or other access ways for vehicular traffic, vehicle parking, storage, and staging and holding areas.
Q. “Highways” means all impervious ways, lanes, roads, streets, boulevards and/or places open as a matter of right to public vehicular travel.
R. “Impervious surface” means the horizontally projected surface area of all nonvertical surfaces, including all buildings, manufactured units or other structures, and the surface area of all asphalt, concrete, gravel, oil mat, bituminous or other finished surfaces.
S. “Interlocal agreement” means the Interlocal Cooperation Agreement between Douglas County and City of East Wenatchee for Storm and Surface Water Management, the execution of which was authorized by the Douglas County board of commissioners by Resolution No. 98-12 adopted on March 17, 1998, and the execution of which was authorized by the city council of the city of East Wenatchee by Resolution No. 98-003 adopted on March 16, 1998, and all amendments, modifications, and clarifications to this agreement.
T. “Management team” means the committee established by the interlocal agreement between the city and the county, as now exists or may be hereafter amended.
U. “Natural waters.” [Reserved].
V. “Obligation” or “obligations” means those loans, bonds, warrants, or other indebtedness issued or obtained to own, operate or maintain facilities.
W. “Owner” or “owner of record” means all persons or entities holding fee title to land by a recorded deed or holding title as the purchaser under a recorded real estate contract.
X. “Parcel” means a state, county or city public right-of-way, or a unit of land segregated for tax purposes.
Y. “Retention” means the long-term storage of surface water and storm water drainage runoff that is collected and released into the ground by means of percolation and/or into the air by evaporation.
Z. “Service” means storm and surface water control and disposal facilities, improvements, operations and maintenance, including all related planning and administration furnished within the service area.
AA. “Service area” means the area within the incorporated limits of the city of East Wenatchee, Douglas County, Washington.
BB. “Service charge” means the charge levied on a parcel pursuant to this code.
CC. “System” means the entire system of surface water and storm water management facilities.
DD. “Undeveloped parcel” means a parcel that has no impervious surface area.
EE. “Utility” means the surface and storm water management utility created by this code.
FF. “Watershed action plan” means a local watershed planning process to identify the problems, needs, and action steps to reduce nonpoint pollution, enhance water quality, and protect beneficial uses. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 10-10 § 3, 2010; Ord. 02-12 § 1, 2002; Ord. 99-8 § 1, 1999)
13.10.050 Utility creation.
A surface and storm water management utility is hereby created and established to implement comprehensive surface and storm water management within the service area. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.060 Authority and powers.
Subject to approval by the city council, the utility may exercise all lawful powers necessary and appropriate for the construction, purchase, condemnation, acquisition, maintenance, management, operation and regulation of surface water and storm water runoff and drainage systems, including without limitation, all lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.070 Utility program elements.
The utility shall establish a program that includes the following elements: basin and watershed planning, education, capital improvements, operations and maintenance, monitoring, source control, and fish protection.
A. Basin and Watershed Planning. Develop, coordinate, and implement basin and watershed action plans to control surface and storm water runoff in the city.
B. Education. Develop and implement a program to educate the public about land use and human activities that impact water quality and surface water management and develop citizen involvement programs to monitor streams and implement restoration programs consistent with approved basin and watershed action plans.
C. Capital Improvements. Develop a six-year capital improvement program, which defines the utility’s activities related to the acquisition, construction, replacement, or renovation of facilities or equipment needed to address surface and storm water management objectives. The utility shall submit the capital improvement program to the city council for review and approval and shall annually submit a plan and budget for implementation.
D. Operations and Maintenance. Develop and implement an operations and maintenance program, including inspection and enforcement, to assure that public facilities are functional and effective. The utility shall only operate and maintain publicly owned facilities.
E. Source Control. Develop and implement a source control program to improve water quality. The source control program shall reduce herbicide and pesticide usage, strengthen on-site sewage system connections, moderate risk waste control and wellhead protection programs, and strengthen the use of BMPs. The utility may provide financial assistance through low interest loans, grants, and cost sharing for the restoration of streams, repair of on-site sewage disposal systems, and agricultural practice improvements.
F. NPDES Municipal Storm Water Permit Compliance. Development, implementation and administration of a storm water management program in compliance with the Department of Ecology Phase II municipal storm water permit including annual reporting as required to the Washington State Department of Ecology. Minimum program elements include:
1. Public Education and Outreach. Distribution of educational materials to the community about the impacts of storm water discharges to water bodies and steps the public can take to reduce pollutants in storm water.
2. Public Involvement and Participation. Create and provide opportunities for the public to provide input regarding development and implementation of the storm water program.
3. Illicit Discharge Detection and Elimination. Detection and elimination of non-storm water discharges to the storm water system.
4. Construction Site Storm Water Runoff Control. Reduce pollutants in storm water from construction activities.
5. Post-Construction Storm Water Management for New Development and Redevelopment. To ensure that controls to prevent or minimize water quality impacts are in place.
6. Pollution Prevention and Good Housekeeping for Municipal Operations. Operation and maintenance procedures to reduce pollutant runoff from municipal operations. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 09-20 § 3, 2009; Ord. 02-12 § 2, 2002; Ord. 99-8 § 1, 1999)
13.10.080 Administration.
The East Wenatchee public works department administers the utility. The administrator has the authority to implement the program as provided in this code. No provision of this code prevents the county, other city departments, or special districts from adopting, administering, or enforcing other ordinances and regulations to protect surface and storm water quality not in conflict with the provisions of this code. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 10-10 § 4, 2010; Ord. 02-12 § 3, 2002; Ord. 99-8 § 1, 1999)
13.10.090 Program coordination.
The utility shall coordinate surface and storm water management programs and services by forming interlocal or operating agreements with other departments, governmental entities or special districts in order to achieve a comprehensive approach to surface water management. The utility shall endeavor to eliminate or reduce duplication and to achieve maximum program benefits in the most cost efficient manner. The administrator must annually submit an operating plan, budget and written report to the city council for review and approval. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.100 Operations and maintenance.
The city of East Wenatchee shall operate and maintain the utility in accordance with the terms of the interlocal agreement. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.105 Administrative support.
The utility shall pay reasonable administrative support services provided by the county assessor, county treasurer, county prosecuting attorney, any city department, city attorneys, or city engineer based upon actual costs and as approved by the management team. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.110 Development standards.
The provisions of Chapter 13.30 EWMC are by this reference made a part of this code as if set forth in full herein. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.200 Funding.
The utility shall be funded by rates and service charges. The utility and any participating municipality, agency, department or special district may solicit additional funds through grants or loans, in order to supplement program funding. All utility funds shall be deposited into a special fund with the Douglas County treasurer designated as the “Joint Operating Fund of the Greater East Wenatchee Storm Water Utilities” maintained by the county treasurer. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.210 Rates and charges.
A. Rate Structure Policy. The utility rate structure shall be based upon the amount of impervious surface area within each parcel, as measured and established by this chapter.
B. ESU Standards and Calculations. The service charge levied against a parcel shall be based upon the ESUs contained within such parcel as of January 1st each year. The following ESU standards and calculations shall apply within the service area:
1. A detached single-family residence shall equal one ESU.
2. A duplex shall equal one ESU.
3. A triplex or fourplex shall equal two ESUs.
4. For all other parcels, the ESUs shall be calculated by dividing the total area in square feet of impervious surfaces by 2,750 square feet and rounding the quotient to the nearest whole number; provided, that no developed parcel shall contain less than one ESU.
5. Undeveloped parcels shall not contain an ESU.
6. Changes to impervious surfaces or development of a previously undeveloped parcel shall not affect the parcel’s ESU standard or calculation until January 1st of the year following commencement of construction of the changes.
C. Service Charges, Credits and Exemptions.
1. Service Charges. A service charge shall be levied against each developed parcel within the service area. Each ESU shall be assessed based on the following rate schedule:
|
|
2024 |
2025 |
2026 |
2027 |
2028 |
2029 |
|---|---|---|---|---|---|---|
|
Monthly Rate Per ESU |
$6.70 |
$9.45 |
$11.29 |
$13.22 |
$14.05 |
$14.92 |
2. Credits. Parcels having storm water facilities that are designed, constructed and maintained to the standards of Chapter 13.30 EWMC, as the same exists now or may hereafter be amended, shall be entitled to a credit using the following formula:
a. For facilities that are a combination of public facilities and private facilities, the owner may be eligible to receive a service charge credit equal to 20 percent of the service charges levied against such parcel.
b. Facilities that are entirely located on private property and maintained privately shall be eligible for a service charge credit equal to 50 percent of the service charges levied against such parcel.
c. Parcels having facilities designed as multiple-use facilities shall be entitled to an additional service charge credit equal to five percent of the service charges levied against such parcel.
d. To qualify for a service charge credit:
i. The owner must provide documentation from an engineer retained by the owner at the owner’s expense that the facilities are designed and constructed in accord with the standards of Chapter 13.30 EWMC, all facilities have been properly maintained in accordance with Chapter 13.30 EWMC, and that the facilities are capable of accommodating all surface water and storm water generated by the design storm specified in Chapter 13.30 EWMC;
ii. The owner must sign a right of entry and inspection agreement that grants the county and city the right to enter onto the parcel to inspect the facilities and verify all information submitted by the owner’s engineer;
iii. The owner’s documentation and engineer’s information shall be verified and approved by the city; and
iv. When requesting credit for multiple use facilities, the owner must provide documentation that the facilities have been dedicated to and accepted for public use.
e. The service charge credit shall become effective on December 31st and applicable to the following service charge billing; provided, that all requirements are completed prior to October 1st of the current year.
3. Exemptions.
a. An owner currently residing on the owner’s single-family residence parcel who qualifies for the senior citizen exemption provided for in RCW 84.36.381 applicable to real property taxes shall be exempt from the service charges.
b. An owner of property that donates an easement or right-of-way to the city of East Wenatchee storm water facilities shall be eligible for an exemption from the service charge for development existing at the time the donation occurs. The exemption shall not apply to development that occurs following the donation. (Ord. 23-20 § 5 (Exh. A), 2023; Ord. 13-07 § 3 (Exh. A), 2013; Ord. 09-20 § 4, 2009; Ord. 02-12 § 4, 2002; Ord. 99-8 § 1, 1999)
13.10.220 Billing practices, refunds and collection.
A. Billing Date. Service charges shall be billed by March 1st of each year.
B. Due Date. Service charges shall be due and payable to Douglas County on or before April 30th of the year billed and are delinquent thereafter.
C. Refund, Credit and Adjustment Requests. The administrator or his/her designee may authorize a refund, credit, or other adjustment of a service charge determined to be the result of an error, miscalculation, or mistake upon receipt of a request from the owner. The owner’s request shall be in writing and clearly state the nature and basis of the request. The administrator or his/her designee shall investigate the request and determine if a service charge refund, credit or other adjustment is due. The administrator’s or his/her designee’s determination shall be in writing and clearly state the basis for authorizing or denying the request. The administrator’s or his/her designee’s determination shall be issued and mailed to the owner within 60 days after receipt of the request. The administrator or his/her designee may not authorize any request for a refund, credit or adjustment that is received more than one year after the date the service charge was billed. The amount of any refund, credit or adjustment authorized by the administrator or his/her designee shall not include any interest.
D. Penalties and Interest on Delinquency. Service charges not paid by April 30th of the year billed shall be delinquent. The city adopts the alternative lien procedure provided by RCW 35.67.215. Delinquent service charges shall bear interest at the rate of eight percent per annum from the date due until paid.
E. Liens. Pursuant to RCW 35.67.215 and Chapter 35.67 RCW, the city shall have a lien for delinquent service charges, interest and penalties against the parcel that is the subject of the service charge billed. The lien shall be superior to all other liens and encumbrances, except general taxes and local and special assessments of the county. The 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. The administrator or his/her designee shall periodically certify delinquencies to the county auditor, at which time the liens shall attach. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 02-12 § 5, 2002; Ord. 2000-13 § 1, 2000; Ord. 99-8 § 1, 1999)
13.10.225 Alternative collection procedure.
As an alternative to the procedure set forth in EWMC 13.10.220 and 13.10.310, the city may attempt collection of delinquent service charges, interest, and penalties through a private commercial collection business. In the event the city pursues collection pursuant to this alternative procedure, the city may terminate this alternative collection effort at any time and utilize the procedures set forth in EWMC 13.10.220 and 13.10.310. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 02-12 § 6, 2002)
13.10.300 Inspection and right of entry.
Whenever it becomes necessary to examine the surface and storm water management characteristics of or improvements to a particular parcel for the purposes of implementing or enforcing this code, the administrator or his/her designee may enter upon any parcel at reasonable times in accordance with the following procedures:
A. If such parcel is occupied, the administrator or his/her designee shall present identification credentials, state the reason for entry, and request entry.
B. If such parcel is unoccupied, the administrator or his/her designee shall locate the owner or other person having charge or control of the property, state the reason for the entry and request entry.
C. Unless the owner or person in control of such parcel consents to entry, the administrator or his/her designee, prior to entry, shall obtain a search warrant as authorized by the laws of the state of Washington. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.310 Enforcement.
Pursuant to Chapter 35.67 RCW, the city may commence a lien foreclosure action in the Douglas County superior court. Costs associated with the foreclosure action, including but not limited to advertising, title reports, and city and county personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by law, the superior court may allow the city or the county a reasonable attorney’s fee. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.320 Appeals.
Any decision or determination of the administrator or his/her designee made pursuant to this code may be appealed to the city of East Wenatchee board of adjustment as provided for in RCW 35A.63.110(4). The appeal shall be in writing signed by the appellant and be filed within 14 days after issuance of the decision appealed, together with all applicable fees. The notice of appeal shall contain a concise statement identifying the decision being appealed, the name and address of the appellant, the specific reasons why the decision of the administrator or his/her designee is erroneous, and the specific relief sought by the appellant. The appeal to the city of East Wenatchee board of adjustment shall be an open record public hearing. An appeal of the decision of the city of East Wenatchee board of adjustment shall be filed in the Douglas County superior court within 21 days after the issuance of the decision or the decision of the city of East Wenatchee board of adjustment shall be final. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)
13.10.330 Implementation.
The city authorizes and directs the administrator and the city community development director to establish administrative policies and procedures to implement this code and as may be reasonable and necessary to perform under the interlocal agreement. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 99-8 § 1, 1999)