Chapter 11.45
SURFACE WATER RATES AND CHARGES
Sections:
11.45.010 Basis for rate structure.
11.45.020 Methodology for determining service charge.
11.45.030 Service area annual service charge.
11.45.040 Additional flat rate charge.
11.45.050 Charges for basins, subbasins.
11.45.060 Request for rate adjustments – Time limited.
11.45.070 Request for rate adjustments – Conditions for approval.
11.45.080 Request for rate adjustments – Burden of proof.
11.45.090 Request for rate adjustments – Decision by director.
11.45.100 Request for rate adjustments – Appeal.
11.45.010 Basis for rate structure.
The storm and surface water utility charge shall be based on the relative contribution of increased surface and stormwater runoff from a given parcel to the surface and stormwater management system. Impervious surface area is an appropriate measure of a property’s contribution of runoff, and provides a rational nexus to service received from a surface water management program; therefore, the storm and surface water utility charge shall be based on impervious surface area. The relative contribution of increased surface and stormwater runoff from each parcel determines that parcel’s share of the service charge revenue needs. The service charge revenue needs of the utility are based upon all or any part, as determined by the council, of the cost and expense within the service area of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, development, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
(Ord. No. 19-877, § 7, 10-1-19; Ord. No. 96-277, § 1(A), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(A), 2-13-90. Code 2001 § 16-121.)
11.45.020 Methodology for determining service charge.
The public works director shall determine the storm and surface water utility charge for each parcel within the service area by the following methodology:
(1) Single-family residential detached dwelling unit parcels. The utility shall impose a uniform rate on parcels with a single-family residential detached dwelling unit use for the reasons set forth in Chapter 11.40 FWRC, and because tracking parcel-specific measurements of impervious area for single-family residential detached dwelling units would add considerable administrative effort and complexity to the rate structure, the rate shall be based on an estimated average amount of impervious surface area. This average amount of impervious surface area shall be represented by a single equivalent service unit (ESU). Using a random sampling of single-family detached dwelling unit parcels within the city, it has been determined that the average impervious surface area of single-family residential detached dwelling units within the city of Federal Way to be 3,200 square feet; therefore, the value of a single ESU is determined to be 3,200 square feet of impervious surface area. To qualify for the charge set forth in this subsection, the single-family residential detached dwelling unit use must be the primary use on the parcel, as determined by the public works director, and not accessory to any other use on the parcel.
(2) All other parcels. The charge basis for all other parcels, i.e., those parcels that do not qualify for the charge described in subsection (1) of this section, will be measured by the actual impervious surface area, expressed as a number of ESUs. The rate will be calculated as a dollar amount per ESU as set forth in FWRC 11.45.030.
(3) Land use codes and data collected from parcel investigations will be used to determine each parcel’s impervious surface area.
(Ord. No. 19-877, § 8, 10-1-19; Ord. No. 96-277, § 1(B), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(B), 2-13-90. Code 2001 § 16-122.)
11.45.030 Service area annual service charge.
There is hereby imposed upon all developed properties an annual storm and surface water utility charge based on the methodology in FWRC 11.45.020, expressed as a number of ESUs multiplied by the rate shown as follows:
|
Equivalent Service Unit Schedule 1 ESU = 3,200 square feet of impervious surface |
2021 |
2022 |
2023 |
2024 |
2025 |
2026 |
2027 |
2028 |
|---|---|---|---|---|---|---|---|---|
|
*Annual Rate per ESU |
$140.54 |
$153.18 |
$166.97 |
$182.00 |
$198.38 |
$216.23 |
$235.69 |
$256.90 |
|
***City and County or State Highways |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
This table shall be in effect starting January 1, 2021, through December 31, 2028.
* Rate expressed in dollars per equivalent service unit (ESU).
- Parcels with a primary single-family residential detached dwelling unit use = 1 ESU regardless of impervious area.
- All other parcels, i.e., parcels without a primary single-family residential detached dwelling unit use = 1 ESU per 3,200 impervious square feet.
** The rate shown does not include the city of Federal Way utility tax assessed on the total charge. The total storm and surface water utility charge assessed to each customer is calculated as follows:
(Annual Rate x total ESU(s)) + City Utility Tax assessed on the total charge.
*** The rate charged to the State Department of Transportation will be determined in accordance with RCW 90.03.525.
(Ord. No. 19-877, § 9, 10-1-19; Ord. No. 14-775, § 1, 2014; Ord. No. 07-571, § 1, 12-4-07; Ord. No. 06-544, § 1, 12-19-06; Ord. No. 02-433, § 1, 11-19-02; Ord. No. 96-277, § 1(C), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(C), 2-13-90. Code 2001 § 16-123.)
11.45.040 Additional flat rate charge.
The flat rate charge previously added to each bill to pay for the operation of the billing system is now included in the rates reflected in FWRC 11.45.030.
(Ord. No. 02-433, § 2, 11-19-02; Ord. No. 96-277, § 1(D), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(D), 2-13-90. Code 2001 § 16-124.)
11.45.050 Charges for basins, subbasins.
The council by ordinance may supplement or alter charges within specific basins and subbasins of the service area so as to charge properties or parcels of one basin or subbasin for improvements, studies, or maintenance which the council deems to provide service or benefit the property owners of one or more basin(s) or subbasin(s).
(Ord. No. 96-277, § 1(E), 12-3-96; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 90-32, § 6(E), 2-13-90. Code 2001 § 16-125.)
11.45.060 Request for rate adjustments – Time limited.
Any person billed for service charges may file a request for rate adjustment with the public works director within three years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.
(Ord. No. 90-32, § 7(A), 2-13-90. Code 2001 § 16-126.)
11.45.070 Request for rate adjustments – Conditions for approval.
Requests for rate adjustment may be granted or approved by the public works director only when one of the following conditions exists:
(1) The parcel is owned and is the personal residence of a person or persons determined by the public works director as qualified for a low-income senior citizen property tax exemption authorized under RCW 84.36.381. Parcels qualifying hereunder shall be exempt from all charges imposed in FWRC 11.45.010 through 11.45.050. Requests for adjustments under this condition must be submitted annually to the public works director;
(2) The ESU based on impervious surface area assigned to a parcel is in error;
(3) A parcel is divided by the boundary of the service area, the impervious surfaces of the parcel are outside of the service area, and the drainage from the parcel is outside of the service area;
(4) The rate or service charge is otherwise erroneous in applying the terms of this division;
(5) A parcel is served by a stormwater treatment facility which holds a current national pollutant discharge elimination system (NPDES) permit under the authority of the Clean Water Act of 1982, Section 402, specifically for the treatment of stormwater from the parcel and such system discharges directly into Puget Sound, without in any way utilizing any other stormwater conveyance or storage facilities. Parcels qualifying hereunder will be charged only for the area of impervious surface not served by the stormwater treatment facility;
(6) A parcel is owned or leased by a public school district and provides activities that directly benefit the surface water management utility. The activities may include curriculum specific to the issues and problems of surface water management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface water management system. The amount of the rate adjustment shall be determined by the public works director based upon the cost of the activities to the school district but not to exceed 50 percent of the assessed storm and surface water utility charge. The rate adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district.
(Ord. No. 19-877, § 10, 10-1-19; Ord. No. 14-775, § 2, 2014; Ord. No. 02-433, § 3, 11-19-02; Ord. No. 90-32, § 7(B), 2-13-90. Code 2001 § 16-127.)
11.45.080 Request for rate adjustments – Burden of proof.
The property owners shall have the burden of proving that the rate adjustment sought should be granted.
(Ord. No. 90-32, § 7(C), 2-13-90. Code 2001 § 16-128.)
11.45.090 Request for rate adjustments – Decision by director.
Decisions on requests for rate adjustments shall be made by the public works director based on information submitted by the applicant and by the city within 30 days of the adjustment request except when additional information is needed. The applicant shall be notified in writing of the public works director’s decision. If an adjustment is granted which reduces the charges for the current year or two prior years, the applicant shall be refunded the amount overpaid in the current and two prior years.
(Ord. No. 90-32, § 7(D), 2-13-90. Code 2001 § 16-129.)
11.45.100 Request for rate adjustments – Appeal.
Decisions of the public works director on requests for rate adjustments shall be final unless, within 30 days of the date the decision was mailed, the applicant submits in writing to the public works director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the hearing examiner.
(Ord. No. 14-760, § 12, 3-4-14; Ord. No. 90-32, § 7(F), 2-13-90. Code 2001 § 16-130.)
11.45.110 Amendment of bills.
If the public works director finds that a service charge bill has been sent to a parcel owner which was undercharged for the amount of impervious surface coverage on the parcel, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under the provisions set forth in FWRC 11.50.020. The public works director may include in the bill the amount undercharged for two previous billing years.
(Ord. No. 90-32, § 7(E), 2-13-90. Code 2001 § 16-131.)