Chapter 13.10
STORMWATER UTILITY
Sections:
13.10.010 Purposes and findings.
13.10.020 Stormwater management utility created—Responsibilities.
13.10.030 Property transferred to utility.
13.10.040 Utility administered by public works director.
13.10.050 Rates and charges—Definitions.
13.10.060 Stormwater utility account.
13.10.070 Operating budget—Maintenance program.
13.10.080 Billing and collection.
13.10.085 Low-income senior citizen discount.
13.10.090 Penalties for nonpayment of bills.
13.10.100 Adjustment of charges and appeals.
13.10.110 Charges for use of the storm drainage system.
13.10.115 Capital recovery charges.
13.10.010 Purposes and findings.
The city council finds and declares:
A. That all developed real property in the city contributes runoff to the common stormwater problem, and all developed real property in the city is served by the stormwater utility of the city.
B. That the development of real property, through the creation of impervious surface area, is an appropriate basis for determining an individual parcel’s contribution to the problem of stormwater runoff, and that a reasonable means of estimating the relative amount of impervious surface on a given parcel and placing like parcels into defined rate classifications is through the size of the water meter serving the individual property.
C. That absent effective maintenance, operation, regulation and control, existing stormwater drainage conditions in all areas within the city constitute a potential hazard to the health, safety, and general welfare of the city.
D. That natural and manmade stormwater facilities and conveyances together constitute a stormwater drainage system and that effective regulation and control of stormwater through formation by the city of a stormwater utility requires the transfer to the utility of all stormwater facilities and conveyances and related rights belonging to the city. (Ord. 3678 § 2, 2008; Ord. 3204 § 1, 1993)
13.10.020 Stormwater management utility created—Responsibilities.
There is created and established pursuant to RCW 35A.80.010 and Chapter 35.67 RCW, and Article 11, Section 11 of the Washington State Constitution, a stormwater utility. All references to “the utility” in this chapter refer to the stormwater utility. The utility will have authority and responsibility for planning, design, construction, maintenance, administration, and operation of all city stormwater conveyances and facilities. (Ord. 3678 § 2, 2008; Ord. 3204 § 2, 1993)
13.10.030 Property transferred to utility.
Title and all other incidents of ownership of the following assets are hereby transferred to and vested in the utility: all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern stormwater, further including, without limitation, all properties, interests, and rights acquired by adverse possession or by prescription, directly or through another, in addition to the drainage or storage, or both, of stormwater, through, under, or over lands, watercourses, sloughs, streams, ponds, lakes, and marshes, all beginning in each instance at a point where stormwater first enters the system of the city and ending in each instance at a point where the stormwater exits from the system of the city, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 3678 § 2, 2008; Ord. 3204 § 3, 1993)
13.10.040 Utility administered by public works director.
The utility shall be administered by the director of public works or other official designated by the city manager. (Ord. 3678 § 2, 2008; Ord. 3204 § 4, 1993)
13.10.050 Rates and charges—Definitions.
As used in this chapter, the following terms have the meanings set forth below:
A. “Customer” means a person in whose name service is rendered as evidenced by the signature on the application or contract for that service or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her/its name regardless of the identity of the actual user of the service.
B. “Equivalent service unit,” for the purpose of the stormwater utility, means a measure equal to two thousand five hundred square feet of impervious groundcover or a portion thereof, and is the measure of impervious groundcover to be used by the utility in assessing capital recovery charges against each parcel of property. All detached single-family residences and manufactured homes are deemed to contain one equivalent service unit.
C. “Impervious surface” means 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 preexisting any development on the property, and/or those hard-surfaced areas which cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexisting any development on the property, including, but not limited to, such surfaces as rooftops, asphalt or concrete sidewalks, paving, driveways, parking lots, walkways, patio areas, storage areas, and gravel-oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to the development.
D. “Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account (lot) number by the Cowlitz County assessor.
E. “Developed parcel” means a parcel of real property that no longer contains native vegetation, including second-growth forests, and undisturbed native soils that existed prior to Euro-American settlement.
F. “Residential parcel” means a developed parcel which has been actually developed with one or two single-family residences, a duplex or triplex structure, or associated residential outbuildings, or which is zoned single-family residential containing no built structure.
G. “Multifamily parcel” means a parcel which has been developed with an improvement with four or more residential units.
H. “Undeveloped parcel” means any parcel of real property that has native vegetation, including second-growth forests, and undisturbed native soils that existed prior to Euro-American settlement.
I. “Low-income senior citizen” means a person who is sixty-one years of age or older and whose total income, including that of his/her spouse or co-tenant, does not exceed the amount specified in RCW 84.36.381(5), as it now exists or is hereafter amended. Further, for purposes of implementing this section, the definitions of “combined disposable income,” “disposable income,” and “co-tenant” shall be as defined in RCW 84.36.383(5), (6), and (7), as they now exist or are hereafter amended. (Ord. 3909 § 3, 2018; Ord. 3833 § 1, 2014; Ord. 3678 § 2, 2008; Ord. 3225 § 1, 1994; Ord. 3204 § 5, 1993)
13.10.060 Stormwater utility account.
All money collected through utility rates and charges shall be deposited in the stormwater utility account or separate fund within the public works department as established and maintained by the director of finance. (Ord. 3678 § 2, 2008; Ord. 3204 § 6, 1993)
13.10.070 Operating budget—Maintenance program.
The city has prepared an operating budget for the program based on documents, including “The Lower Cowlitz River Flood Control Master Plan” (as amended) and the “Lower Cowlitz River Surface Water Implementation Management Study.” The city has also inventoried the maintenance requirements for its system and established a maintenance program for its stormwater infrastructure. These cost factors have been identified and incorporated into the stormwater utility’s 1993 operating budget. The city staff, through the city manager, is directed to prepare and submit to the city council no later than October 1, 1993, an updated comprehensive program for stormwater management for 1994. In conjunction therewith, the council further directs staff to reevaluate the criteria for the establishment of rates and charges set forth in Section 13.10.010 and in the event another basis for rate determination is deemed to better serve the city’s interests, propose such rate modifications by November 1, 1993. (Ord. 3678 § 2, 2008; Ord. 3204 § 7, 1993)
13.10.080 Billing and collection.
Utility rates and charges for each parcel of developed real property within the city shall be computed on at least a bimonthly basis. The amount to be billed shall be included on the existing utilities bill as a separate line item. A “stormwater only” billing will be sent to those property owners who are not current city utilities customers. The city shall bill the owner of the served property for the payment of utility rates and charges specified in this section; however, the owner’s tenant or agent may be billed for utility services if requested or consistent with current utilities billing information. This shall not relieve the owner from final liability for utility rates and charges. (Ord. 3678 § 2, 2008; Ord. 3225 § 3, 1994)
13.10.085 Low-income senior citizen discount.
Low-income senior citizens occupying residential dwellings shall be exempt from the stormwater management utility fee for the occupied residential property provided they apply and qualify for such a reduction as a low-income senior citizen pursuant to the authority contained in RCW 74.38.070. (Ord. 3909 § 4, 2018)
13.10.090 Penalties for nonpayment of bills.
Collection of and penalties for nonpayment of stormwater utility charges shall be pursuant to Sections 13.04.380 and 13.08.430 of the Kelso Municipal Code. (Ord. 3678 § 2, 2008; Ord. 3225 § 4, 1994)
13.10.100 Adjustment of charges and appeals.
A. Any person who considers that the charges established for their parcel are in error may apply in writing to request an “Adjustment/Monthly Fee Estimate — Form A” from the public works department. The public works department shall, after receiving said application, review and respond to the complainant in writing of its findings and decision.
B. For those accounts which believe an on-site retention or detention system exists on their parcel, a request shall also be made in writing to request a “Stormwater On-site Mitigation Application — Form B” from the public works department. The public works department shall, after receiving said application, review and determine if the system exists and meets all applicable design standards, and shall respond to the inquiry in writing of its findings and decision. (Ord. 3678 § 2, 2008; Ord. 3225 § 5, 1994)
13.10.110 Charges for use of the storm drainage system.
Any and all use of the storm drainage system, including residential and nonresidential developed parcels that are vacant, shall be subject to the payment of all fees, costs, and charges established by the current stormwater management utility rate ordinance as adopted or hereafter amended. (Ord. 3833 § 2, 2014; Ord. 3678 § 2, 2008; Ord. 3225 § 6, 1994)
13.10.115 Capital recovery charges.
A. A capital recovery 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, or is a developed parcel that adds two thousand five hundred square feet or more of impervious surface(s), subsequent to the effective date of the ordinance codified in this chapter. Such capital recovery 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 the facilities of the system, in order that such property may bear its fair share of the cost of the utility.
B. The capital recovery charge shall be levied in an amount determined by multiplying the base equivalent service unit charge as established by the current stormwater management utility rate ordinance, as adopted or hereafter amended, by the total number of equivalent service 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 will be rounded to the nearest whole number representing the equivalent service units contained on such property. The number of equivalent service units 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 capital recovery charge shall be assessed and must be paid before a building or construction permit may be issued by the city. (Ord. 3833 § 3, 2014)