Chapter 13.18
STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY
Sections:
13.18.010 Stormwater utility established.
13.18.040 Powers and authority.
13.18.050 No assumption of responsibility.
13.18.060 Utility to be administered by public works director.
13.18.080 Reduced rates – Discounts.
13.18.090 Billing and collection.
13.18.100 Payment of bills – When due – Penalty – Lien.
13.18.110 Storm drainage and surface water management utility fund.
13.18.120 Utility contract – Bond requirements.
13.18.010 Stormwater utility established.
The city of Fife hereby creates and establishes pursuant to Chapters 35A.80 and 35.67 RCW, and Article 11, Section 11 of the Washington State Constitution, a storm drainage and surface water management utility to provide for the operation and control of storm drainage and surface water management within the city and hereby exercises jurisdiction and control thereof. (Ord. 1546-04 § 2, 2004).
13.18.020 Applicability.
The requirements of this chapter shall apply to all parcels of real property in the city of Fife, including public and private property. The requirements of this chapter shall not apply to street rights-of-way owned by the Washington Department of Transportation or the city of Fife. (Ord. 1575-05 § 1, 2005; Ord. 1546-04 § 2, 2004).
13.18.030 Definitions.
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter are as follows:
A. “City” means the incorporated limits of the city of Fife, Washington, or as indicated by the context may mean the city council, department of public works, public works director, or other official, employee or agency representing the city in the discharge of its duties under this chapter.
B. “Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2) or those activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.
C. “Drainage utility” or “stormwater utility” means the same thing as the storm drainage and surface water management utility.
D. “Heavily developed” means land with impervious surface area greater than 60 percent but less than or equal to 80 percent.
E. “Impervious surfaces” means hard-surfaced areas that prevent or retard the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-packed dirt, oiled or other surfaces that similarly impede the natural infiltration of surface water or runoff patterns existent prior to development.
F. “Lightly developed” means land with impervious surface area greater than 20 percent but less than or equal to 40 percent.
G. Low Impact Development. See FMC 15.32.020.
H. Low Impact Development Facilities. See FMC Title 21.
I. Low Impact Development Techniques. See FMC Title 21.
J. “Moderately developed” means land with impervious surface area greater than 40 percent but less than or equal to 60 percent.
K. “Service charge” means the rate and other charges to be imposed for all storm drainage and surface water management utility services.
L. “Undeveloped” means unimproved land with impervious surface area of 20 percent or less.
M. “Very heavily developed” means land with impervious surface area greater than 80 percent. (Ord. 1685 § 1(Exh. A), 2009; Ord. 1546-04 § 2, 2004).
13.18.040 Powers and authority.
The city hereby elects to exercise all lawful powers and authority for the planning, design, construction, maintenance, administration, operation, acquisition and condemnation of property rights, and regulation of storm drainage and surface water runoff systems including, without limitation, all lawful powers to fix, alter, regulate, and control the charges and conditions of the use thereof. (Ord. 1546-04 § 2, 2004).
13.18.050 No assumption of responsibility.
The city does not assume responsibility or control over past actions for loss or damages which have occurred or which may occur as a result of the operation of the existing storm drainage and surface water management systems by Drainage Districts No. 21 and No. 23, and disclaims any responsibility therefor. (Ord. 1546-04 § 2, 2004).
13.18.060 Utility to be administered by public works director.
The storm drainage and surface water management utility shall be administered by the public works director or other official designated by the city manager. (Ord. 1859 § 86, 2014; Ord. 1546-04 § 2, 2004).
13.18.070 Rates and charges.
A. All real property in the city shall be charged a service charge. Service charges shall be uniform for all classes of real property and shall be based on impervious surface area. The city shall determine what rate shall apply to each specific premises within the guidelines set forth herein. The impervious surface area for each property will place it in one of the following five categories, as to which a rate per month per 500-square-foot increment of premises area shall apply:
1. Undeveloped.
2. Lightly developed.
3. Moderately developed.
4. Heavily developed.
5. Very heavily developed.
In addition to the impervious area charge referenced above, the city shall charge a monthly fixed fee.
B. The city council shall establish from time to time, by ordinance, the amount of all such service charges, fees, and rates.
C. The service charge for storm drainage and surface water management services shall be as follows:
|
Development Category |
Monthly Rate Based on Total Area Effective Through 2013 |
Monthly Rate Based on Total Area Effective 1/1/14 |
Monthly Rate Based on Total Area Effective 1/1/15 |
|---|---|---|---|
|
Base rate per parcel |
$2.00 |
$2.40 |
$2.88 |
|
Undeveloped – One acre or less |
$0.065 per 500 sq. ft. |
$0.078 per 500 sq. ft. |
$0.094 per 500 sq. ft. |
|
Plus for area over one acre |
$0.050 per 500 sq. ft. |
$0.060 per 500 sq. ft. |
$0.072 per 500 sq. ft. |
|
Lightly developed |
$0.100 per 500 sq. ft. |
$0.120 per 500 sq. ft. |
$0.144 per 500 sq. ft. |
|
Moderately developed |
$0.300 per 500 sq. ft. |
$0.360 per 500 sq. ft. |
$0.432 per 500 sq. ft. |
|
Heavily developed |
$0.400 per 500 sq. ft. |
$0.480 per 500 sq. ft. |
$0.576 per 500 sq. ft. |
|
Very heavily developed |
$0.500 per 500 sq. ft. |
$0.600 per 500 sq. ft. |
$0.720 per 500 sq. ft. |
|
Development Category |
Monthly Rate Based on Total Area Effective 1/1/16 |
Monthly Rate Based on Total Area Effective 1/1/17 |
Monthly Rate Based on Total Area Effective 1/1/18 |
|---|---|---|---|
|
Base rate per parcel |
$3.46 |
$3.91 |
$4.42 |
|
Undeveloped – One acre or less |
$0.113 per 500 sq. ft. |
$0.128 per 500 sq. ft. |
$0.145 per 500 sq. ft. |
|
Plus for area over one acre |
$0.086 per 500 sq. ft. |
$0.097 per 500 sq. ft. |
$0.110 per 500 sq. ft. |
|
Lightly developed |
$0.173 per 500 sq. ft. |
$0.196 per 500 sq. ft. |
$0.221 per 500 sq. ft. |
|
Moderately developed |
$0.518 per 500 sq. ft. |
$0.585 per 500 sq. ft. |
$0.661 per 500 sq. ft. |
|
Heavily developed |
$0.691 per 500 sq. ft. |
$0.781 per 500 sq. ft. |
$0.883 per 500 sq. ft. |
|
Very heavily developed |
$0.864 per 500 sq. ft. |
$0.976 per 500 sq. ft. |
$1.103 per 500 sq. ft. |
|
Development Category |
Monthly Rate Based on Total Area Effective 1/1/19 |
Monthly Rate Based on Total Area Effective 1/1/20 |
Monthly Rate Based on Total Area Effective 1/1/21 |
|---|---|---|---|
|
Base rate per parcel |
$4.93 |
$5.41 |
$5.94 |
|
Undeveloped – One acre or less |
$0.162 per 500 sq. ft. |
$0.178 per 500 sq. ft. |
$0.195 per 500 sq. ft. |
|
Plus for area over one acre |
$0.123 per 500 sq. ft. |
$0.135 per 500 sq. ft. |
$0.148 per 500 sq. ft. |
|
Lightly developed |
$0.246 per 500 sq. ft. |
$0.270 per 500 sq. ft. |
$0.296 per 500 sq. ft. |
|
Moderately developed |
$0.737 per 500 sq. ft. |
$0.809 per 500 sq. ft. |
$0.888 per 500 sq. ft. |
|
Heavily developed |
$0.985 per 500 sq. ft. |
$1.082 per 500 sq. ft. |
$1.188 per 500 sq. ft. |
|
Very heavily developed |
$1.230 per 500 sq. ft. |
$1.351 per 500 sq. ft. |
$1.483 per 500 sq. ft. |
D. Commencing January 1, 2022, and on the first day of January each successive year thereafter, the monthly rates for storm drainage and surface water management services for each development category shall be increased from the previous year in accordance with the following formula:
[Operating Costs as % of Total Costs] x [Increase in Average Annual Consumer Price Index for Seattle (CPI-U: All Urban Consumers)] + [Rate-Funded Capital Costs as % of Total Costs] x [Increase in Average Annual Engineering News Record (ENR) Construction Cost Index for Seattle] = Indexed Rate Adjustment
For purposes of this formula:
“Total Costs” shall consist of the following percentages:
|
Operating Costs |
77.4% |
|
Rate-Funded Capital Costs |
22.6% |
|
Total Costs |
100.0% |
“Increase in Average Annual Consumer Price Index for Seattle (CPI-U: All Urban Consumers)” shall be measured for the 12-month period ending in June of the previous year as published by the U.S. Bureau of Labor and Statistics.
“Increase in Average Annual Engineering News Record (ENR) Construction Cost Index for Seattle” shall be measured for the 12-month period ending in October of the previous year.
The city manager shall cause to be prepared a rate worksheet setting forth the future monthly rate for each development category based on the percentage increases set forth herein, and said worksheet shall be available to the public. (Ord. 1947 §§ 3, 4, 2016; Ord. 1883 § 1, 2014; Ord. 1854 § 1, 2013; Ord. 1685 § 1(Exh. A), 2009; Ord. 1555-05 § 1, 2005; Ord. 1547-04 § 1, 2004; Ord. 1546-04 § 2, 2004).
13.18.080 Reduced rates – Discounts.
A. Reduced Rates for Commercial Agriculture. The service charge shall be discounted by 25 percent for those properties where commercial agriculture is conducted.
B. Reduced Rates for Low-Income Elderly and Disabled. The service charge shall be discounted for those customers who reside in single-family dwelling units and who qualify under the criteria set forth in FMC 13.04.240(D).
C. Reduced Rates for Properties Served by Privately Owned and Maintained Stormwater Management Systems.
1. Subject to the discretion of the director of public works, the service charge shall be discounted by the percentages set forth below for those customers whose properties are served by privately owned and maintained stormwater management systems:
a. Stormwater detention – 20 percent discount.
b. Stormwater quality – 20 percent discount.
c. Stormwater detention and water quality – 40 percent discount.
d. Stormwater retention and groundwater recharge – 40 percent discount.
e. Treatment of stormwater runoff per Chapter 15.32 FMC via low impact development BMPs – 40 percent discount.
The maximum discount for any property shall not exceed 40 percent.
2. To qualify for a discount, the owner of record shall provide a certified statement by December 1st of the year preceding the year for which the owner of record is requesting a discount, verifying that all specified maintenance has been performed in accordance with the facility’s operation and maintenance manual.
3. Each owner of record shall enter into an agreement with the city that allows the city to enter onto the owner’s parcel to inspect the drainage facility and verify all information submitted by the owner. The city will provide a form of agreement. The owner of record shall record this agreement with the county auditor and the city must receive a conformed copy before the request for a rate discount shall be deemed completed.
4. No discount shall be given for a private detention or retention facility with less than a 25-year storm storage capacity.
5. All stormwater facilities and low impact development facilities shall comply with the maintenance standards set forth in FMC 15.34.050, as now or hereafter amended. (Ord. 1954 § 15, 2016; Ord. 1923 § 3, 2015; Ord. 1685 § 1(Exh. A), 2009; Ord. 1575-05 § 2, 2005; Ord. 1546-04 § 2, 2004).
13.18.090 Billing and collection.
A. All charges and fees for storm drainage and surface water management utility services shall be the responsibility of and billed to the current owner of such parcel. It shall be the responsibility of the property owner to notify the city upon change of ownership.
B. All charges for storm drainage and surface water management utility services for any improved parcel that does not receive water or sanitary sewer service from the city shall be billed to the current owner of such parcel on a monthly or bimonthly basis for the charges applicable to such parcel. It shall be the responsibility of the property owner to notify the city upon change of ownership. (Ord. 1575-05 § 3, 2005; Ord. 1546-04 § 2, 2004).
13.18.100 Payment of bills – When due – Penalty – Lien.
A. The billing date shall be the last calendar day of February, April, June, August, October, and December of each year. Storm drainage bills are due and payable on the last calendar day of the month following the applicable billing date (“due date”). A storm drainage bill is considered delinquent if not paid in full by the applicable due date. A penalty shall be assessed on all delinquent accounts on the fifth calendar day after the account becomes delinquent (“penalty date”). However, when the penalty date is a Saturday, Sunday, or legal holiday, the penalty shall not be assessed if the full payment is received by the next succeeding business day. The finance director is authorized to waive all or any portion of the penalties if the finance director determines that late payment was the result of excusable neglect or extreme hardship.
The current fee schedule relating to this section of the Fife Municipal Code is available at Fife City Hall and at the city of Fife’s website: www.cityoffife.org.
B. The city of Fife may disconnect water service for any customer whose bill for storm drainage and surface water management services is delinquent, in which case the shutoff and reconnect fees set forth in FMC 13.04.050, as now or hereafter amended, shall apply.
C. Pursuant to RCW 35A.21.150 and Chapter 35.67 RCW, the city may place a lien on any parcel with a delinquent service charge. Such liens shall be effective and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 et seq., except that the service charge 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, as provided for in RCW 35.67.215. (Ord. 2012 § 3, 2019; Ord. 1783 § 1 (Exh. A), 2012; Ord. 1578-06 § 4, 2006; Ord. 1575-05 § 4, 2005; Ord. 1546-04 § 2, 2004).
13.18.110 Storm drainage and surface water management utility fund.
There is hereby established a storm drainage and surface water management utility fund into which all revenues, charges, grants, taxes, and money from other sources shall be deposited and from which all expenditures related to the city’s storm drainage and surface water management system shall be paid. This fund shall be kept in the manner prescribed by state law as to accounting and reporting procedures and requirements. (Ord. 1546-04 § 2, 2004).
13.18.120 Utility contract – Bond requirements.
No contract work on a city utility shall be approved until the applicant has first filed with the city a bond, the form to be approved by the city attorney and with surety approved by the finance director-treasurer. Such bond shall be conditioned on the faithful conformance with the provisions of this chapter and shall be further conditioned to indemnify and save harmless the city from any and all judgments, costs or expenses arising from injuries or damage to any persons or property on account of such work, and shall be further conditioned that the permit applicant shall carry out and complete such work within the specified time and according to the terms of such permit furnished by the utility superintendent. Such bond shall be continuously in effect from the date of issue, and may be further conditioned to cover all permits issued to the applicant; provided, that such bond by its terms provides that the same shall not be canceled unless and until the utility superintendent is given written notice of such intent to cancel a minimum of 10 days before the effective date of the cancellation. Such bond shall further provide that it shall remain in full force and effect until the acceptance by the city or expiration of any warranty period, whichever is longer, of any and all work which has been commenced or is to be commenced pursuant to any permit issued prior to the effective date of cancellation. (Ord. 1797 § 3, 2012).