Chapter 13.16
STORM AND SURFACE WATER UTILITY
Sections:
13.16.070 Rate adjustments and appeals.
13.16.090 Delinquencies and foreclosures.
13.16.100 Surface water management fund.
13.16.110 Administrative procedures.
13.16.010 Definitions.
For purposes of this chapter, the following words and terms shall have the meanings set out in this section:
A. “Basin plan” means the plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and stormwater management facilities and features within individual drainage basins.
B. “Developed parcel” means any parcel altered from the natural state by the construction, creation or addition of impervious surfaces.
C. “Impervious surface” means a 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 hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions preexistent to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water. Open, uncovered, retention/detention facilities shall not be considered as impervious surfaces for the purposes of this chapter.
D. “Land use code” means the type of development on a specific parcel of land as identified by records maintained by the city as modified or supplemented by information resulting from investigation by the surface water management division. Land use codes are preliminary indicators of the extent of impervious surface and are used in the initial analysis to assign an appropriate rate category for a specific parcel. “Single-family home” and “shopping center” are examples of land use codes.
E. “Maintenance” means the act or process of cleaning, repairing or preserving a system, unit, facility, structure or piece of equipment.
F. “Open space” means any parcel, property or portion thereof classified for current use taxation under the provisions of Chapter 84.34 RCW, or for which the development rights have been sold to King County under the provisions of Chapter 26.04 KCC. This definition includes lands which have been classified as open space, agricultural or timber lands under criteria contained in Chapter 84.34 RCW.
G. “Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for property tax purposes and given a tax lot number by the King County assessor.
H. “Person” shall be construed to include any individual, firm, company, association, corporation or governmental agency.
I. “Public works director” means the city administrator, superintendent of public works, public works director or his/her designee.
J. “Rate category” means the classification in this chapter given to a parcel in the service area based upon the type of land use on the parcel and the percentage of impervious surface area contained on the parcel.
K. “Retention/detention facilities” means facilities designated either to hold runoff for a short period of time and then release it to the natural watercourse or to hold water for a considerable length of time and disperse it by evaporation, plant absorption, or infiltration into the ground.
L. “Residence” means a single-family building or structure or portion thereof, designed for and used to provide a place of abode for human beings. “Residence” includes “residential” or “residential unit” as referring to the type of or intended use of a building or structure.
M. “Residential parcel” means a single-family structure used primarily for residential purposes.
N. “Service area” means the area described in Exhibit A attached to the ordinance codified in this chapter and on file in the office of the clerk.
O. “Stormwater control facilities” means any facility improvement, development, property or interest therein made, constructed or acquired for the purpose of controlling or protecting life or property from any storm, waste, flood or surplus waters.
P. “Surface and stormwater management system” is comprised of stormwater control facilities and any other natural features which store, control, treat and/or convey surface and stormwater.
Q. “Undeveloped parcel” means any parcel which has not been altered from its natural state by the construction, creation or addition of impervious surfaces. (Ord. 459 § 1, 1990)
13.16.020 Authority.
A. There is created and established the surface water management utility of Lake Forest Park under which the provisions of this chapter shall be carried out.
B. The utility created in this chapter shall be administered by the public works director.
C. Right of Entry. Whenever necessary to examine the property characteristics of a particular parcel for the determination of rates and charges, the public works director may enter any property or portion thereof at reasonable times in compliance with the following procedures:
1. If such property or portion thereof is occupied, the public works director shall present identification credentials, state the reason for entry and request entry.
2. If such property or portion thereof is unoccupied, the public works director shall first make a reasonable effort to locate the owner or other persons having charge or control of the property or portion thereof and request entry.
3. Unless entry is consented to by the owner or person in control of any property or portion thereof, the city, prior to entry, shall obtain a search warrant as authorized by the laws of the state of Washington.
D. The utility may coordinate activities related to surface water management, including but not limited to basin planning, maintenance, operation and construction of facilities, water quality control, contracting for services with interested municipalities or special districts including but not limited to sewer and water districts, school districts, port districts or other governmental agencies. (Ord. 459 § 2, 1990)
13.16.030 Purpose.
It is the finding of the city that the surface water management utility is necessary in order to promote public health, safety and welfare by establishing and operating a comprehensive approach to surface and stormwater problems. The purpose of the rates and charges established in this chapter is to provide a method for payment of all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, and improving any 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. These rates and charges are necessary in order to promote the public health, safety and welfare by minimizing uncontrolled stormwater and sedimentation, to preserve and utilize the many values of the city’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, education and urban separation and drainage and erosion control facilities, and to provide for the comprehensive management and administration of surface and stormwater. (Ord. 459 § 3, 1990)
13.16.040 Applicability.
A. Developed parcels within the service area shall be billed each year for stormwater control facilities service charges.
B. The service area may be modified in accordance with policies contained in this chapter. Modification to the service area shall be by chapter. (Ord. 459 § 4, 1990)
13.16.050 Policy.
A. In order to achieve a comprehensive approach to surface water management the city and county should coordinate in the planning, project construction, facility maintenance and regulation of private and public developments. In addition, the utility should coordinate activities related to surface water management, including but not limited to basin planning, maintenance, operation and construction of facilities and water quality control.
B. It is the finding of the city that many of the difficulties found in the management of surface water problems are contributed to by the general lack of public knowledge about the relationship between human actions and land use changes and surface water management. In order to achieve a comprehensive approach to surface water management the city should provide general information to the public about the use of land and human activities which impact surface water management. It is the finding of the city that public school districts can provide significant benefits to the city regarding surface water management through educational programs which provide students an appreciation for human activities and land use practices that create surface water problems and involve students by learning from first hand exposure the difficulties of curing surface water management problems after they occur, through community activities related to stream restoration and enhancements.
C. Developed Properties. It is the finding of the city that developed properties contribute to an increase in surface and stormwater runoff to the surface and stormwater management system. This increase in surface and stormwater runoff results in the need to establish rates and charges to finance the city’s activities in storm and surface water management. Developed properties shall be subject to the rates and charges of the surface water management utility based on their contribution to increased runoff. The factors to be used to determine the degree of increased surface and stormwater runoff to the surface and stormwater management system from a particular parcel shall be the percentage of impervious surface coverage on the property and the total acreage of the parcel.
D. Undeveloped Properties. It is the finding of the city that undeveloped parcels do not contribute to an increase in surface and stormwater runoff to the surface and stormwater management system. Undeveloped properties shall be exempt from the rates and charges of the surface water management utility.
E. Stormwater Control Facilities. It is the finding of the city that maintained stormwater control facilities mitigate the increased runoff contribution of developed parcels by providing on-site drainage control. Parcels served by retention/detention stormwater control facilities which were: (1) required for development of the parcel pursuant to this chapter and approved by the city; or (2) can be demonstrated by the property owner to provide detention/retention of stormwater to the standards set forth by the city, shall receive a discount as provided in the rates and charges of the surface water management utility; provided, that the facility is maintained at the parcel owner’s expense to the standard established by the city. Properties which contain a stream, creek, lake, pond or wetland that has been identified in an adopted basin plan as an important stormwater control facility and remain under the control and ownership of the parcel owner shall receive a discount from the rates and charges of the utility; provided, that the facility is maintained at the parcel owner’s expense to the standard required by the department of public works.
F. Open Space. It is a finding of the city that open space properties provide a benefit to the surface and stormwater management system by the retention of property in an undeveloped state. Open space properties shall receive a discount from the rates and charges to encourage the retention of property in the undeveloped state.
G. Single-Family Residential Parcels. It is a finding of the city that the majority of the parcels in the service area are single-family residential. The variance between single-family residential parcels in parcel size and percentage of impervious surface coverage is found to be minor and to reflect only minor differences in increased runoff contributions. The administrative cost of calculating the service charge individually for each single-family residential parcel and maintaining accurate information would be very high. A flat charge for single-family residential parcels is less costly to administer than calculating a separate charge for each parcel and is equitable because of the similarities in total parcel size and total impervious surface coverage between single-family residential parcels. Therefore, single-family residential parcels shall be charged a flat charge based upon the average parcel size and average percentage of impervious surfaces.
H. Very Lightly Developed Parcels. It is a finding of the city that very lightly developed parcels which have an impervious surface coverage under 10 percent of the total parcel acreage are characterized by a very low intensity of development and generally a large number of acres. A greater number of acres of undeveloped land associated with impervious surface results in significantly less impact to the surface and stormwater management system. The rate shall be as set out in LFPMC 13.16.060, Rate structure.
I. Lightly to Very Heavily Developed Parcels. It is the finding of the city that light to very heavily developed parcels which have an impervious surface coverage between 10 percent to 100 percent have a substantial impact on the surface and stormwater management system. The impact of these parcels to the surface and stormwater management system increases with the size of the parcels. Therefore, light to very heavily developed properties shall be charged a rate determined by the percent of impervious surface coverage multiplied by the parcel acreage.
J. Road Systems. It is a finding of the city that city, county and state roads contribute a significant amount of increased runoff to the surface and stormwater management system, which contributes to the need for basin planning, storm drainage control facilities and other related services. However, the city and county roads and state highway programs provide substantial annual programs for the construction and maintenance of storm drainage control facilities, and the roads systems and their associated storm drainage facilities serve as an integral part of the surface and stormwater management system. The rate charged city and county roads and state highways shall reflect the benefit which city and county roads and state highway facilities provide to the surface and stormwater management system and therefore will exclude any system costs associated with capital improvements and on-site retention/detention facility maintenance. The percentage of impervious surface coverage for city and county roads and state highways shall be calculated by dividing average width of roadway and shoulder by the average width of the right-of-way. The service charge shall be determined by multiplying the acres of road and highway right-of-way within the service area times the rate per acre identified in LFPMC 13.16.060.
K. Service Charge Revenues. It is the finding of the city that comprehensive management of surface and stormwater runoff must include anticipation of future growth and development in the design and improvement of the surface and stormwater management system. Service charge revenue needs shall be based upon the present and future requirements of the surface and stormwater management system, and these needs shall be considered when determining the rates and charges of the utility.
L. Basin Plans. It is the finding of the city that basin plans are essential to establishing a comprehensive approach to a capital improvement program, maintenance of facilities and regulation of new developments. A plan should analyze the measures needed to control surface and stormwater runoff which results from existing and anticipated development within the basin. The measures investigated to control runoff should include land use regulation such as setback requirements which revise land use densities as well as the use of drainage control facilities. A plan also should recommend the quantity and water quality runoff control measures required to further the purposes set forth in this ordinance and community goals. The institutional requirements, regulations including but not limited to land use management, funding needs, and incentives for preserving streams, lakes and wetlands for plan implementation should be identified in the plan.
M. Stormwater Treatment with Direct Discharge. It is a finding of the city that any parcel or those portions of any parcel served by a stormwater treatment facility which has a current National Pollutant Discharge Elimination System (NPDES) permit and which discharges its treated effluent directly into Puget Sound does not significantly contribute to the various problems created by increased runoff. Any parcel or portion of the parcel served by such a facility should be exempt from the rates and charges of this chapter. (Ord. 459 § 5, 1990)
13.16.060 Rate structure.
A. The service charges shall be based on the relative contribution of increased surface and stormwater runoff from a given parcel to the surface and stormwater management system. The percentage of impervious surfaces on the parcel and the total parcel acreage will be used to indicate the relative contribution of increased surface and stormwater runoff from the parcel to the surface and stormwater management system. 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, developing, 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.
B. The public works director shall determine the service charge for each parcel within the service area by the following methodology: single-family residential and very light parcels in LFPMC 13.16.050. Parcels shall be classified into the appropriate rate category in subsection C of this section by their percentage of impervious surface coverage. Land use codes and data collected from parcel investigations will be used to determine each parcel’s percentage of impervious surface coverage. After a parcel has been assigned to the appropriate rate category, the service charge for the parcel will be calculated by multiplying the total acreage of the parcel times the rate for that category.
C. There is imposed upon all developed properties in the service area annual service charges as follows:
|
Impervious Surface |
||
|---|---|---|
|
Class |
Percentage |
Rate |
|
Single-family residential (R) |
N/A |
As established periodically by city council resolution |
|
Very light (VL) |
0 – 10% |
|
|
Light (L)** |
10 – 20% |
|
|
Moderate (M)** |
20 – 45% |
|
|
Moderately heavy (MH)** |
45 – 65% |
|
|
Heavy (H)** |
65 – 85% |
|
|
Very heavy (VH)** |
85 – 100% |
|
|
City and county roads |
N/A |
*** |
|
State highways*** |
N/A |
*** |
**The minimum service charge shall be as established periodically by city council resolution. The maximum annual service charge for mobile home parks shall be the amount as established periodically by city council resolution times the number of mobile home spaces.
*** The rate charged to the Washington State Department of Transportation will be determined in accordance with RCW 90.03.525.
This rate schedule may be separately amended, from time to time, by fees established periodically by city council resolution, and amendment shall not affect or change any other provision of this chapter. (Ord. 787 § 1, 1999; Ord. 767 § 1, 1998; Ord. 561 § 1, 1993; Ord. 459 § 6, 1990)
13.16.070 Rate adjustments and appeals.
A. 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.
B. Requests for rate adjustments may be granted or approved by the public works director only when one of the following conditions exists:
1. The acreage of the parcel charged is in error.
2. The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the public works director.
3. The parcel is nonresidential and the parcel meets the definition of open space in LFPMC 13.16.010. Property qualifying under this chapter will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage.
4. The parcel is served by one or more retention/detention facilities or can be demonstrated by the property owner to provide detention/retention of stormwater to the standards set forth in this chapter, and maintained at the expense of the parcel owner to the standards required by the city; nonresidential parcels except in the light rate category qualifying hereunder shall be charged at the rate of one lower rate category than it is classified by its percentage of impervious surface coverage. Nonresidential parcels in the light category qualifying hereunder shall be charged at the rate of 50 percent of the light category/acre/year. Residential parcels and parcels in the very light category qualifying hereunder shall be charged 50 percent of the single-family residential category/parcel/year.
5. A parcel contains a stream, creek, lake, pond or wetland that has been identified in an adopted drainage basin plan as an important stormwater control facility; provided, that the parcel owner provides annual maintenance to the standard required by the city. Parcels qualifying hereunder shall be granted a discount in the manner set forth in subsection (B)(4) of this section. However, parcels qualifying under subsections (B)(4) and (5) of this section shall receive only one rate class discount, whichever is greater.
6. A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area. Property qualifying under this chapter shall be exempt from the rates and charges of the chapter.
7. A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area; parcels qualifying hereunder shall be charged as otherwise provided in this chapter on the basis of the lands and impervious surfaces which drain into the service area.
8. The rate or service charge is otherwise erroneous in applying the terms of this chapter.
9. 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 specifically for the treatment of stormwater from the parcel and the 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 and at the rate based upon the unserved portion of the parcel.
10. A parcel is owned or leased by a public school district which provides activities which directly benefit the surface water management utility until midnight December 31, 2016. 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 activities to the school district but not to exceed the value of the activity to the surface water management utility. 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.
C. The property owners shall have the burden of proving that the rate adjustment sought should be granted.
D. 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.
E. 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 LFPMC 13.16.090. The public works director may include in the bill the amount undercharged for two previous billing years.
F. 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 city council. (Ord. 1106 § 1, 2015; Ord. 922 § 1, 2004; Ord. 767 § 2, 1998; Ord. 561 § 2, 1993; Ord. 459 § 7, 1990)
13.16.080 Billing procedure.
A. All property subject to charges of the utility shall be billed based on the property characteristics existing on November 1st of the year prior to the billing year and at the rate as set forth in LFPMC 13.16.060. Billing year is the year that the bills are sent. The service charge shall be mailed to the name and address shown on the real property tax roll at the time annual property tax bills are prepared.
B. The total amount of the service charge shall be due and payable to the city on or before the thirtieth of April and shall be delinquent after that date; however, if one-half of such service charge is paid on or before the thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October and shall be delinquent after that date.
C. Parcel characteristics affecting the service charge which are altered after November 1st of any year shall not be basis for calculation of the service charge until after December 31st of the following year. (Ord. 459 § 8, 1990)
13.16.090 Delinquencies and foreclosures.
A. Delinquent service charges shall bear interest at the rate of 12 percent per year, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the charges regardless of when the charges were first delinquent.
B. The city shall have a lien for delinquent service charges, including interest thereon, against any property subject to service charges. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective and shall be enforced and foreclosed in the same manner as provided for by RCW 35.67.200 through 35.67.290; 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. The city may commence to foreclose a surface water management service charge lien after three years from the date surface water management charges become delinquent, in lieu of the provisions provided in RCW 35.67.230. (Ord. 459 § 9, 1990)
13.16.100 Surface water management fund.
All service charges shall be deposited in the surface water management fund in the office of finance which fund is created to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating surface and stormwater management facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bond issued for such purpose. Moneys in the fund not needed for immediate expenditure shall be invested for the benefit of the surface water management fund. (Ord. 459 § 10, 1990)
13.16.110 Administrative procedures.
The public works director shall develop administrative procedures relating to the imposition and collection of service charges including but not limited to:
A. Procedures for the application and review of requests for adjustments to service charges including timely review and decision on adjustments for the first year of the service charge where a higher number of requests for adjustments is expected.
B. Procedures for the filing of liens and initiation of foreclosure on delinquent accounts. (Ord. 459 § 11, 1990)