Chapter 12.30
STORM AND SURFACE WATER UTILITY*
Sections:
12.30.021 ERU calculation and adjustment.
12.30.022 Credits and exemptions.
12.30.030 Billing and collection.
12.30.033 Delinquent accounts.
12.30.050 Storm water system development fee.
*Code reviser’s note: Ordinance No. 796 re-enacts, ratifies and confirms those taxes, charges and fees approved in Ordinance No. 757.
12.30.010 Definitions.
(1) “Impervious surface” means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, and/or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include, but are not limited to, roof tops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, and oiled macadam or other surfaces which similarly impede the natural infiltration of surface water.
(2) “Parcel” means a separately segregated unit or plot of land having an identified owner and specified boundaries.
(3) “Developed parcel” means any parcel which has been altered by grading or filling the ground surface, or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.
(4) “Undeveloped parcel” means any parcel which has not been altered or construction of any improvements or other impervious surface areas which affect the hydraulic properties of the parcel or by grading or filling since March 5, 1990.
(5) “Residential parcel” means any parcel of land having on it a structure which is designed for occupancy by one, two or three families or similar groups of people.
(6) “ERU” means “equivalent residential unit.” As related to storm drainage, one ERU refers to the area of impervious surface associated with the average residential parcel. [Ord. 863 § 1, 2002; Ord. 578 § 1, 1990.]
12.30.020 Rate structure.
There is hereby imposed a system of charges on each water meter within the town of La Conner to operate the storm water drainage program. The charges are deemed reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, and improvement of all existing and future storm and surface water facilities.
(1) The charge assessed to each water meter shall be based on the unit rate established as follows:
(a) One ERU equals 2,100 square feet of impervious surface area.
(b) The monthly charge per storm drainage ERU shall be $11.55.
(c) Beginning January 1, 2011, the monthly ERU charge will be adjusted once annually in January of each year by adding the consumer price index (CPI) plus five percent to the previous year’s monthly ERU charge.
(2) The charge assessed to each water meter shall be the multiple of the number of ERUs assessed to the water meter account and the monthly ERU rate currently in effect. The following storm drainage ERU assessments are hereby established for all water meters in the town of La Conner:
(a) Residential meters three-quarter-inch or less – The assessment shall be one ERU for each water meter, without further documentation required.
(b) Residential meters one inch or more – The assessment shall be determined by calculating the actual number of ERUs.
(c) Commercial, industrial and municipal meters – The assessment shall be determined by calculating the actual number of ERUs.
(d) Irrigation meters – There will be no ERU assessment or resulting charge; provided, that the utility customer is currently being assessed the storm drainage charge on another water meter serving the same parcel.
(3) These rates/assessments will take effect as of January 1, 2006. [Ord. 1056 § 4, 2010; Ord. 964 § 1, 2005; Ord. 863 § 2, 2002; Ord. 843 § 1, 2002; Ord. 833 § 1, 2001; Ord. 795 § 1, 2000; Ord. 757 § 1, 1999; Ord. 578 § 2, 1990.]
12.30.021 ERU calculation and adjustment.
The ERU assessment shall be calculated as follows:
(1) The town shall use the impervious surface area and/or building square footage area information on file with the Skagit County tax assessor.
(2) The town shall calculate the assessed number of ERUs by dividing the impervious surface area by the ERU unit value and rounding up to the nearest whole number.
(3) The town shall notify the water meter account owner of the initial ERU assessment.
(4) Water meter account owners may request that the assessment be revised. The owner must submit, to the town, an accurate site plan, sufficiently detailed to identify dimensions, land covers, areas, and drainage course(s). The town shall review the site plan, verify the dimensions and revise the assessment accordingly. Owner requested adjustments or revisions shall not be considered until a site plan has been submitted.
(5) The town may undertake to review and adjust ERU assessments at any time.
(6) ERU adjustments that increase the total charge shall take effect the next billing cycle.
(7) ERU adjustments that decrease the total charge shall be retroactive to the date that a submitted site plan was deemed complete. [Ord. 863 § 3, 2002.]
12.30.022 Credits and exemptions.
The town recognizes that some property owners either have or may be required to construct on-site storm water systems that address both quality and quantity of the storm water discharge and thereby reduce their impact to the town’s storm water system. Properties or portions of properties with on-site or private systems that meet the criteria listed, as reviewed and approved by the town, shall receive the applicable credit.
Credits shall take the form of a reduction in impervious area and recalculation of the assessed ERUs, except that application of credits shall not reduce the ERU assessment to less than one ERU.
Application for credits shall be the same as for other area adjustments.
(1) Credit for Approved On-Site or Private Storm Water Systems. A reduction of 20 percent of the contributing impervious area is available to any water meter account provided that:
(a) The on-site or private system meets or exceeds the water quality and water quantity requirements of the Storm Water Management Manual for the Puget Sound Basin (Department of Ecology), as applicable.
(b) The system owner provides right of entry, on town-approved forms, to allow the town to periodically inspect the system.
(c) The system owner properly maintains the system.
(2) Credit for Direct Marine Discharge. A reduction of 40 percent of the contributing impervious area is available to any water meter account provided that:
(a) The storm water runoff is discharged directly to the Swinomish Channel or the interconnecting drainage ditch between the Sullivan Slough and the Swinomish Channel.
(b) The storm water runoff meets or exceeds the water quality requirements of the Storm Water Management Manual for the Puget Sound Basin (Department of Ecology), as applicable.
(c) There is no connection with the town’s drainage system.
(d) This credit may be combined with the previous credit for approved on-site or private storm water systems for a total reduction of 60 percent.
(3) Exemptions. The Port of Skagit County and the town of La Conner will enter into an interlocal agreement that excludes all area north of the interconnecting drainage ditch between the Sullivan Slough and the Swinomish Channel (Port North Basin), as that area is not and will not be directly connected to the town’s drainage system and is not contiguous with the town’s drainage basins. The Port North Basin will contribute to the town’s storm water utility as defined in the agreement. This exclusion does not apply to any other properties that the Port may operate or own.
There are no exemptions within the contiguous land area of the Morris Street and Caledonia Street drainage basins. [Ord. 863 § 4, 2002.]
12.30.030 Billing and collection.
(1) Storm and surface water charges for each parcel of real property within the town of La Conner shall be computed on a monthly basis. The amount billed shall be included on the water and sewer bill.
(2) Any amount of the storm and surface water charge not paid within six months of assessment shall constitute a lien against the subject property, which lien may be foreclosed by the town in Skagit County superior court. [Ord. 578 § 3, 1990.]
12.30.033 Delinquent accounts.
Drainage accounts which remain unpaid 45 days from the billing date shall be assessed interest at the rate of eight percent per annum from the billing date until the date of payment. LCMC 12.15.050, 12.15.060 and 12.15.070 shall apply to all drainage accounts. [Ord. 825 § 3, 2001; Ord. 803, 2001.]
12.30.040 Rate adjustments.
Repealed by Ord. 851. [Ord. 578 § 4, 1990.]
12.30.050 Storm water system development fee.
(1) Purpose. The purpose of this chapter is to establish a storm water system development fee for all properties within the town that are hereafter developed with impervious surfaces contributing to storm water runoff.
(2) Storm Water System Development Fee Imposed. There is hereby established a storm water system development fee which shall be imposed upon all parcels which are proposed to be developed within the town. No building permit, short subdivision or subdivision approval, or other permit allowing development within the town shall be granted except upon payment of said storm water system development fee.
(3) Amount of Fee.
(a) Direct Connection. The storm water system development fee established by this chapter for properties that shall connect directly, without retention/detention/treatment requirements imposed, shall be calculated for each property based upon the square footage of impervious surface proposed to be created by the development. Specifically included in the square footage of impervious surface proposed to be created shall be any improvements required in the public right-of-way. The charge for each proposed impervious square foot unit is $0.25. The total charge to be paid in connection with any development approval shall be determined by multiplying the total number of impervious units to be created by the proposed development by the charge for each such unit.
(b) Future Connection. The storm water system development fee established by this chapter for properties in which on-site storm water retention/detention/treatment is required shall be calculated for each property based upon the square footage of impervious surface proposed to be created by the development. Specifically included in the square footage of impervious surface proposed to be created shall be any improvements required in the public right-of-way. The charge for each proposed impervious square foot unit is $0.12. The total charge to be paid in connection with any development approval shall be determined by multiplying the total number of impervious units to be created by the proposed development by the charge for each such unit.
Calculation of the fee shall be performed by the town’s staff during the permit review process.
Short subdivisions or subdivisions shall be charged a minimum of $525.00 for each buildable lot created that is not developed in conjunction with the subdivision. The payment of the lot charge allows for future development of up to 2,100 square feet of impervious surface on the subject lot. An additional fee, if any, shall be calculated at the time the lot owner applies for a building permit and will be based only on the impervious square footage that exceeds the 2,100 square foot allowance.
(4) Collection of Charges. The storm water system development fee imposed by this chapter shall be paid prior to issuance of any building permit, short subdivision or subdivision approval, or other permit allowing development within the town.
(5) Credits. The town of La Conner shall establish a system for recording payments of storm water system development fees made pursuant to this chapter in order that credit may be recorded and given for contributions made for storm water system development in connection with that property. It is the intent of this section that development shall not be charged twice for the same proposed impervious unit and that where a proposed impervious unit has been paid for pursuant to a short subdivision or subdivision approval, site plan approval, or other development approval required by the town, the applicant shall not be charged a second time for that unit when a building or other subsequent permit for the same development is issued.
(6) Lapse of Permit. The impervious unit price paid for the storm water system development fee imposed by this chapter shall be concurrent with the time limitations of the building permit, short subdivision or subdivision approval, or other permit allowing development within the town. Should the permit and/or approval lapse and a subsequent permit and/or approval be required prior to development, the parcel shall be subject to the most current unit price less any applicable credits. [Ord. 851 § 2, 2002; Ord. 578 § 5, 1990.]
12.30.060 Developer contributions.
Repealed by Ord. 851. [Ord. 578 § 6, 1990.]
12.30.070 Permits.
A permit is hereby required for any person to construct, install, place, or attempt to construct, install, or place any storm or surface drainage structure or facility within the town of La Conner. Every person desiring to construct or install any storm or surface water facility, whether on private or public property, shall make application for same to the town of La Conner public works department prior to commencing work on such project. Any structure must comply with the development standards for the zone or district. Such applications shall be made on forms provided by the department and shall include all information as the director of public works, or designee, prior to construction requires. Such construction or installation must comply with all town ordinances, regulations, other controls or standards. Each application submitted to the department of public works shall be accompanied with payment for a construction permit fee in an amount established by the town council. Failure to obtain such a permit will result in the fee being doubled. Such fees shall defray the cost of all inspections and plan reviews required by the town prior to and during the construction of storm and surface water drainage facilities. This section shall not be construed to duplicate any other existing town requirements. [Ord. 1139 § 2, 2016; Ord. 578 § 7, 1990.]
12.30.080 Appeals.
Any owner or owners who dispute the amount of their charges or who dispute any determination made by or on behalf of the town pursuant to and by authority of this chapter, may petition the town in writing for a hearing on a revision or modification of such charge or determination no later than 30 days after having been billed for such charge or after having been notified of such determination. Upon receiving such a petition, the town shall schedule a hearing within 30 days before the storm and surface water hearing board which is hereby created with the following permanent members: the director of public works, the clerk-treasurer, a representative from the town council, and one private citizen appointed by the mayor. Notice of the hearing shall be provided to the petitioner at least 10 days prior to the hearing. Following the hearing, a final determination shall be made by the hearing board and the petitioner so notified within 30 days. [Ord. 578 § 8, 1990.]