Chapter 13.90
SURFACE AND STORM WATER MANAGEMENT PROGRAM RATE STRUCTURE
Sections:
13.90.070 Service charge adjustments and appeals.
13.90.090 Lien for delinquent charges and foreclosures.
13.90.010 Title.
The ordinance codified in this chapter shall be titled “surface and storm water management program rate structure.” [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.020 Purpose.
It is the purpose of this chapter to provide for revenue for the city of Leavenworth surface and storm water management program to plan, manage, construct, maintain, use and carry out activities related thereto. This chapter provides these revenues by fixing rates and charges pursuant to RCW 36.89.080 for the furnishing of service to those served or receiving benefits, or to be served or to receive benefits from any drainage facility, or contributing to surface water runoff within the city of Leavenworth. This authority is being invoked in order to minimize property damage, promote and protect the public health, safety and welfare, minimize water quality degradation by preventing siltation, contamination and erosion of the city’s waterways, protect aquifers, ensure the safety of city roads and rights-of-way, increase educational and recreational opportunities, encourage the retention of open space and foster other beneficial public uses. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.030 Applicability.
The requirements of this chapter shall apply to all parcels of real property located within the city of Leavenworth, including public and private property. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.040 Definitions.
For the purposes of this chapter:
A. “Agricultural uses” means those activities involving land use for nonclassified agriculture and related activities and open space farming and agriculture as defined by the city of Leavenworth zoning ordinance.
B. “Apartment” means a residential structure accommodating five or more dwelling units; residential hotels and condominiums; hotels and motels; institutional lodging; or retirement apartments as defined by the city of Leavenworth zoning ordinance.
C. “Commercial uses” means those activities involving land used for retail, office, and marina condominiums; wholesale trade; retail trade in building materials, hardware, or farm equipment, in general merchandise, in food, in automobiles, tires, marine craft, aircraft, and accessories, in apparel and accessories, in furniture, home furnishings and equipment, in eating and drinking, or in other retail trades; finance, insurance, or real estate; personal services; marinas; resorts and group camps; veterinarian services; or miscellaneous services as defined by city of Leavenworth zoning ordinance.
D. “City roads” means public rights-of-way, excluding state roads, in the incorporated areas of the city of Leavenworth.
E. “Equivalent residential unit (ERU)” means the average estimated amount of impervious surface area on a single-family residential parcel. For the purposes of calculating the service charges in LMC 13.90.050 for property classes, an ERU shall be defined as 4,000 square feet of impervious surface area.
F. “Impervious surfaces” means hard-surfaced areas which 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 which similarly impede the natural infiltration of surface water or runoff patterns existent prior to development.
G. “Industrial uses” means those activities involving land used for manufacturing of food products, apparel and fabric, lumber and wood products, furniture and fixtures, paper products, printing and publishing, chemical, petroleum products, plastics, leather goods, stone, clay and glass, fabricated metal products, precision instruments, and miscellaneous manufacturing; railroad, motor vehicle, aircraft, marine craft transportation; automobile parking; communications; other transportation, communication, or utilities; water systems; sanitary landfills; or auto wrecking yards as defined by the city of Leavenworth zoning ordinance.
H. “Institutional establishments/uses” means those activities involving land used for hospitals, convalescent centers, contract construction services; governmental services; educational services; miscellaneous services; churches; cultural activities and nature exhibitions; public assembly; or recreational activities as defined by the city of Leavenworth zoning ordinance.
I. “Multifamily residence” means a residential structure accommodating two, three or four dwelling units as defined by the city of Leavenworth zoning ordinance.
J. “Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for real property purposes, and a tax lot number assigned by the city of Leavenworth assessor.
K. “Service charges” means the amount owed after applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
L. “Single-family residence” means a residential structure accommodating one dwelling unit, including mobilehomes as defined by the city of Leavenworth zoning ordinance.
M. “State roads” means state highway rights-of-way as defined in RCW 90.03.520.
N. “Undeveloped land” means unimproved land, and land used for railroad transportation, unimproved forest land, unimproved agricultural land, parks, cemeteries, other resource production and open space as defined by the city of Leavenworth zoning ordinance.
O. “Unimproved agricultural land” means land defined as agricultural land with no residential structures.
P. “Unimproved forest land” means land defined as forest land with no residential structures.
Q. “Unit rate” means the dollar amount charged per single-family residence or one ERU. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.050 Rate structure.
A. The rates and service charges shall be based on the service provided and relative contribution of surface and storm water runoff from a given parcel to the storm water control facilities. The average estimated percentage of impervious surfaces on the parcel, the land use classification, the total parcel acreage and/or measured impervious surface area will be used to determine the relative contribution of surface and storm water runoff from the parcel.
B. The city council shall establish from time to time, by resolution, the unit rate applied to each class of property identified below:
1. Basis of Service Charge – Residential Properties. All single-family and multifamily residential properties within city limits currently served by city sanitary sewer service will be charged the standard monthly fee for residential storm water.
Single-family residential units and each unit of a multifamily residential complex will have the same monthly flat fee (1.0 ERU).
Multifamily residential condominium property complexes will be charged based on the number of multifamily units within the complex. The condo complex owner or homeowners’ association (HOA) has the option to charge individual condo units within the complex the monthly storm water fee.
At this time, since the city’s database for properties does not include any undeveloped residential properties, those undeveloped parcels will not be charged a residential monthly fee.
2. Commercial Properties. All commercial properties within the city limits served by an existing sanitary sewer connection shall be charged a commercial rate for the storm water utility fee. At this time, since the city’s database for properties does not include any undeveloped commercial properties, those undeveloped parcels will not be charged a commercial monthly fee.
Low, medium and high categories for commercial properties will be established with the following checklist criteria:
a. Low Category Commercial. If any of the following questions for the low category checklist are answered “yes” then the property does not qualify for the low category.
• Does the property have roof leaders or foundation drain piping that drains to the city’s storm water system?
• Does the property have less than 35 percent of the lot available so as to drain and percolate into natural ground such as grass, bioswales, or natural vegetation? (Property owners must provide records for area calculations for the parcels concerned.)
• Does the property have a parking lot with a catch basin that drains to the city’s storm system?
• Does the property have ground slopes that drain out to the city right-of-way or street without capturing and retaining on site the 25-year storm water flow event?
• Does the property have a paved parking lot with more than 10 parking stalls?
• Does the commercial property have gasoline or diesel fuel filling station operating on the property?
If any of the above are answered “yes” then the commercial property does not qualify as a low category commercial and is either a medium or high category property.
b. Medium Category Commercial. If any of the following questions for the medium category commercial checklist are answered “yes” then the property does not qualify for the medium category.
• Is the commercial property within the central commercial zone and greater than 20,000 square feet?
• Does the property have a paved parking lot with more than 30 parking stalls that drains directly to the city’s storm water system?
• Does the property have impervious surfaces such as roofs, concrete, sidewalks, driveways, parking lot areas that total greater than 20,000 square feet that drain out to the city’s storm water system?
• Does the commercial property have gasoline or diesel fuel filling station operating on the property?
If any of the above are answered “yes” then the commercial property does not qualify as a medium category commercial and is a high category property.
c. High Category Commercial. If the property parcel does not meet the low or medium category criteria then the property qualifies for being in the high category.
The property has a paved parking lot with more than 30 parking stalls that drain directly to the city’s storm water system; and/or
The property has impervious surfaces such as roofs, concrete, sidewalks, driveways, and parking lot areas that are greater than 20,000 square feet that drain to the city’s storm water system; and/or
The commercial property has a gasoline or diesel fuel filling station operating on the property.
Note: If the property owner elects to install a city approved oil/water separator device(s) or if the property owner elects to retain the 25-year storm water event retention volume on site in an approved bioswale or bioretention area, then the category can be reduced to the next lower category.
C. Rainwater Harvesting Rate Reduction. Any new or remodeled commercial building (as defined by subsection (B) of this section) that utilizes rainwater harvesting may receive a 50 percent rate reduction for those surfaces from which the rain is harvested. In order to obtain the rate reduction, the proponent must demonstrate through an analysis prepared by a licensed professional engineer that the system will result in zero surface water discharge for all storm events contained in Chapter 4 of the Storm Water Design Manual for Eastern Washington, using the hydrologic methods described therein. The proponent is responsible for requesting the credit. The rate reduction will become effective for the calendar year following the request.
D. One Hundred Percent Retention/Infiltration Rate Reduction. Any new or remodeled commercial development (as defined by subsection (B) of this section) that utilizes 100 percent infiltration of all site rain runoff water may receive a 50 percent rate reduction. In order to obtain the rate reduction, the proponent must demonstrate through an analysis prepared by a licensed professional engineer that the system will result in zero surface water discharge for all storm events contained in Chapter 4 of the Storm Water Design Manual for Eastern Washington, using the hydrologic methods described therein. The proponent is responsible for requesting the credit. The rate reduction will become effective for the calendar year following the request. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.055 Unit rates.
Storm sewer rates and charges shall be established by resolution of the Leavenworth city council from time to time and such rates shall be on file at the office of the city clerk-treasurer as stated in LMC 13.82.020. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.060 Billing.
A. All property subject to rates and service charges pursuant to this chapter shall be assessed annually. Billing statements shall be included on the annual property tax statements. Properties which do not receive a property tax statement will receive a separate rate and service charge billing statement.
B. The total amount of the service charge shall be due and payable on or before the thirtieth day 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. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.070 Service charge adjustments and appeals.
A. Any person billed for service charges may file a request for service charge adjustment with the director within 30 days of the date of the bill. However, filing of such a request does not extend the period for payment of the charge.
B. A request for service charge adjustment may be granted or approved by the city engineer, subject to the city administrator’s review if modification of the city’s database is recommended, 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 city engineer as qualified for a low income senior citizen exemption authorized under RCW 84.36.381; parcels qualifying hereunder shall be given the same percentage reduction in the service charge as in RCW 84.36.381;
2. The acreage of the impervious area (ERUs) charged is in error;
3. The parcel is nonresidential and the actual impervious surface area of the parcel, as established by a licensed surveyor or engineer, is more than 50 percent of an equivalent service unit greater than or less than the estimated or measured impervious surface area used in determining the charge;
4. Parcels owned or leased by a public school district which provides activities which directly benefit the surface and storm water management program. The activities may include: curriculum specific to the issues and problems of surface and storm water management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface and storm water management system. Pursuant to RCW 36.89.085, the amount of the service charge adjustment shall be determined by the city engineer based upon the cost of the activities to the school district, but not to exceed the value of the activity to the surface and storm water management program. Determination of which activities qualify for the surface and storm water management service charge reduction will be made by the city engineer. Reductions in surface and storm water management service charges will only be granted to school districts which provide programs that have been evaluated by the city engineer. The service charge 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. In no case will any parcels pay less than the charge for one ERU;
5. The service charge bill was otherwise not calculated in accordance with the terms of this chapter; or
6. The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements which adversely affect water quantity or quality.
C. Service charge adjustments will only apply to the bill then due and payable, and bills subsequently issued. In the event that the city replaces estimated impervious surface area with measured impervious surface area, in the absence of an appeal, such actual impervious surface area will be used for future bills.
D. The property owner shall have the burden of proving that the service charge adjustment should be granted.
E. Decisions on requests for service charge adjustment shall be made by the city engineer based on information submitted by the applicant and by the public works department within 30 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the city engineer’s decision. If an adjustment is granted which reduces the service charge for the current year, the applicant shall be refunded the amount overpaid in the current year.
F. If the city engineer finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase and service charge or the undercharged amount will be added to the next year’s bill.
G. Decisions of the city engineer on requests for service charge adjustments shall be final unless within 30 days of the date the decision was mailed the applicant submits in writing to the city engineer a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the city of Leavenworth city administrator. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.080 Use of funds.
Service charges collected under this chapter shall be deposited into a special fund or funds to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the surface and storm water management program and drainage facilities. [Ord. 1449 § 1 (Exh. A), 2013.]
13.90.090 Lien for delinquent charges and foreclosures.
A. Delinquent service charges shall bear interest as provided in RCW 36.89.090 and 36.89.092 at the rate of 12 percent per annum, 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 liens shall be effective and shall be enforced and foreclosed in the manner provided by RCW 36.94.150; 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 records and elections division, as provided for in RCW 36.89.093. In accordance with RCW 36.89.094, 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 for in RCW 36.94.150. [Ord. 1449 § 1 (Exh. A), 2013.]