Chapter 24.16
STORMWATER UTILITY RATES AND CHARGES
Sections:
24.16.030 Classification of property.
24.16.040 Undeveloped real property.
24.16.050 Service charge rates.
24.16.060 Property exempt from service charges.
24.16.070 General facility charge.
24.16.075 Stormwater capital improvements fund established.
24.16.090 Annual review of charges and fees.
24.16.100 Effective date of service charge.
24.16.010 Definitions.
The following words when used herein shall have the following meanings, unless the context clearly indicates otherwise:
A. The “city” shall mean the city of Pacific, Washington.
B. “Developed” shall mean that condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade physical improvements such that the hydrology of the property or portion thereof is affected.
C. An “equivalent residential unit” shall mean and be equal to 2,500 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the utility in assessing service charges and general facility charges against each parcel of property.
D. “Impervious ground cover” shall mean those hard surfaced areas either which prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, including without limitation such surfaces as roof tops, asphalt or concrete sidewalks, paving, driveways and 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 development.
E. “Service charge” means the monthly fee levied by the utility upon all developed real property within the boundaries of the utility as authorized by PMC 24.16.030.
F. The “system” shall mean the entire system of storm drainage facilities owned by the utility or over which the utility has control or right of use for the movement and retention of storm and surface waters, including both naturally occurring and manmade facilities.
G. The “general facility charge” shall mean that fee authorized by PMC 24.16.070 and charged by the utility to property which is developed after the effective date of this ordinance, which charge reflects a proportionate share of the utility’s capital costs attributable to the newly developed property.
H. “Undeveloped” shall mean that condition of real property unaltered by the construction or addition to such property by man of impervious ground cover or physical manmade improvements of any kind which change the hydrology of the property from its natural state.
I. The “utility” means the city of Pacific stormwater management utility created by Chapter 24.12 PMC.
J. An “approved stormwater facility” provides both stormwater treatment and detention; is maintained by the property owner to city standards; and conforms to the plans for the facility approved by the county or city. It is the property owner’s responsibility to provide, at the owner’s cost, such documentation as the city deems necessary to establish the facility’s status as an approved facility. (Ord. 1709 § 1, 2008; Ord. 1485 § 1, 2000; Ord. 1441 § 1, 1999).
24.16.020 Rate policy.
It shall be the policy of the city that the rate structure to be applied in establishing the amount of service charges and general facility charges assessed against each parcel of developed real property within the boundaries of the utility shall be based upon the amount of impervious ground cover contained within each parcel of property as measured by PMC 24.16.030, except for those properties set forth in PMC 24.16.060. (Ord. 1485 § 1, 2000; Ord. 1441 § 2, 1999).
24.16.030 Classification of property.
The utility shall calculate the impervious ground cover of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent residential units contained therein; 2,500 square feet of impervious ground cover shall equal one equivalent residential unit. All detached single-family residences and mobile homes are deemed to contain one equivalent residential unit. For all other developed real properties within the utility boundaries, the utility shall determine the number of equivalent residential units contained thereon by dividing the number of square feet of impervious ground cover on each property by 2,500 square feet/ERU; the total thus obtained will be rounded to the nearest half representing the equivalent residential units contained on such property. Each developed parcel of property shall be deemed to contain a minimum of one equivalent residential unit. (Ord. 1485 § 1, 2000; Ord. 1441 § 3, 1999).
24.16.040 Undeveloped real property.
Properties remaining in an undeveloped condition are deemed not to make use of the services of the utility or of the facilities of the system beyond that used by such property in the natural state. Therefore, no service charge shall be imposed upon undeveloped real property. (Ord. 1485 § 1, 2000; Ord. 1441 § 4, 1999).
24.16.050 Service charge rates.
There is hereby levied upon all developed real property within the boundaries of the utility the following service charges, which shall be collected from the owners of such properties:
2022
A. For all detached single-family residences and mobile homes (one equivalent residential unit), the monthly service charge shall be $24.65 per month.
B. For all other developed properties, the monthly service charge shall be $24.65 per month for the first equivalent residential unit per account plus the number of additional equivalent residential units determined by the utility to be contained in such parcel pursuant to PMC 24.16.030 multiplied by $8.90 for those properties with approved stormwater facilities or $24.65 for those properties without approved facilities.
C. Reduced Rates for Low Income Senior Citizens and/or Low Income Disabled Customers. Any full-time occupant responsible for the payment of a monthly stormwater charge shall be granted a 15 percent discount from the otherwise applicable rate if the person is at least 62 years of age, and/or is 18 years of age or older and has been awarded in writing a 50 percent or higher disability rating from any state of Washington and/or federal agency/program, and meets the low-income guidelines as determined by the U.S. Department of Housing and Urban Development (HUD) for taxable household income and has properly filled out an application as required requesting such reduction. Staff is directed to establish and implement a review/reapplication process to ensure the integrity of those accounts receiving the discount.
D. For all detached single-family residences and mobile homes (one equivalent residential unit) within the R-11, the monthly service charge shall be $17.25 per month.
2023
A. For all detached single-family residences and mobile homes (one equivalent residential unit), the monthly service charge shall be $25.52 per month.
B. For all other developed properties, the monthly service charge shall be $25.52 per month for the first equivalent residential unit per account plus the number of additional equivalent residential units determined by the utility to be contained in such parcel pursuant to PMC 24.16.030 multiplied by $9.21 for those properties with approved stormwater facilities or $25.52 for those properties without approved facilities.
C. Reduced Rates for Low Income Senior Citizens and/or Low Income Disabled Customers. Any full-time occupant responsible for the payment of a monthly stormwater charge shall be granted a 15 percent discount from the otherwise applicable rate if the person is at least 62 years of age, and/or is 18 years of age or older and has been awarded in writing a 50 percent or higher disability rating from any state of Washington and/or federal agency/program, and meets the low-income guidelines as determined by the U.S. Department of Housing and Urban Development (HUD) for taxable household income and has properly filled out an application as required requesting such reduction. Staff is directed to establish and implement a review/reapplication process to ensure the integrity of those accounts receiving the discount.
D. For all detached single-family residences and mobile homes (one equivalent residential unit) within the R-11, the monthly service charge shall be $17.86 per month.
2024
A. For all detached single-family residences and mobile homes (one equivalent residential unit), the monthly service charge shall be $26.41 per month.
B. For all other developed properties, the monthly service charge shall be $26.41 per month for the first equivalent residential unit per account plus the number of additional equivalent residential units determined by the utility to be contained in such parcel pursuant to PMC 24.16.030 multiplied by $9.53 for those properties with approved stormwater facilities or $26.41 for those properties without approved facilities.
C. Reduced Rates for Low Income Senior Citizens and/or Low Income Disabled Customers. Any full-time occupant responsible for the payment of a monthly stormwater charge shall be granted a 15 percent discount from the otherwise applicable rate if the person is at least 62 years of age, and/or is 18 years of age or older and has been awarded in writing a 50 percent or higher disability rating from any state of Washington and/or federal agency/program, and meets the low-income guidelines as determined by the U.S. Department of Housing and Urban Development (HUD) for taxable household income and has properly filled out an application as required requesting such reduction. Staff is directed to establish and implement a review/reapplication process to ensure the integrity of those accounts receiving the discount.
D. For all detached single-family residences and mobile homes (one equivalent residential unit) within the R-11, the monthly service charge shall be $18.48 per month.
2025
A. For all detached single-family residences and mobile homes (one equivalent residential unit), the monthly service charge shall be $27.33 per month.
B. For all other developed properties, the monthly service charge shall be $27.33 per month for the first equivalent residential unit per account plus the number of additional equivalent residential units determined by the utility to be contained in such parcel pursuant to PMC 24.16.030 multiplied by $9.87 for those properties with approved stormwater facilities or $27.33 for those properties without approved facilities.
C. Reduced Rates for Low Income Senior Citizens and/or Low Income Disabled Customers. Any full-time occupant responsible for the payment of a monthly stormwater charge shall be granted a 15 percent discount from the otherwise applicable rate if the person is at least 62 years of age, and/or is 18 years of age or older and has been awarded in writing a 50 percent or higher disability rating from any state of Washington and/or federal agency/program, and meets the low-income guidelines as determined by the U.S. Department of Housing and Urban Development (HUD) for taxable household income and has properly filled out an application as required requesting such reduction. Staff is directed to establish and implement a review/reapplication process to ensure the integrity of those accounts receiving the discount.
D. For all detached single-family residences and mobile homes (one equivalent residential unit) within the R-11, the monthly service charge shall be $19.13 per month.
2026
A. For all detached single-family residences and mobile homes (one equivalent residential unit), the monthly service charge shall be $28.29 per month.
B. For all other developed properties, the monthly service charge shall be $28.29 per month for the first equivalent residential unit per account plus the number of additional equivalent residential units determined by the utility to be contained in such parcel pursuant to PMC 24.16.030 multiplied by $10.21 for those properties with approved stormwater facilities or $28.29 for those properties without approved facilities.
C. Reduced Rates for Low Income Senior Citizens and/or Low Income Disabled Customers. Any full-time occupant responsible for the payment of a monthly stormwater charge shall be granted a 15 percent discount from the otherwise applicable rate if the person is at least 62 years of age, and/or is 18 years of age or older and has been awarded in writing a 50 percent or higher disability rating from any state of Washington and/or federal agency/program, and meets the low-income guidelines as determined by the U.S. Department of Housing and Urban Development (HUD) for taxable household income and has properly filled out an application as required requesting such reduction. Staff is directed to establish and implement a review/reapplication process to ensure the integrity of those accounts receiving the discount.
D. For all detached single-family residences and mobile homes (one equivalent residential unit) within the R-11, the monthly service charge shall be $19.80 per month. (Ord. 2048 § 3, 2021; Ord. 1981 § 1, 2018; Ord. 1942 § 3, 2016; Ord. 1914 § 1, 2015; Ord. 1856 § 1, 2014; Ord. 1831 § 4, 2012; Ord. 1822 § 4, 2012; Ord. 1709 § 2, 2008; Ord. 1527 § 1, 2002; Ord. 1497 § 1, 2001; Ord. 1492 § 1, 2001; Ord. 1485 § 1, 2000; Ord. 1450 § 1, 2000; Ord. 1441 § 5, 1999).
24.16.060 Property exempt from service charges.
The following special categories of property are exempt from service charges and general facility charges:
A. City street rights-of-way;
B. Parcels owned by the city;
C. County highway rights-of-way;
D. State rights-of-way. (Ord. 1485 § 1, 2000; Ord. 1441 § 6, 1999).
24.16.070 General facility charge.
A. A general facility 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 subsequent to the effective date of this ordinance. Such charge shall represent a proportionate share of the utility’s capital cost attributable to each subsequently developed property in order that such property may bear its fair share of the cost of the utility.
B. The general facility charge shall be levied in an amount determined by multiplying the base charge as established from time to time by ordinance of the city council by the total number of equivalent residential 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 shall be determined when application for a building or construction permit is made. The general facility charge shall be assessed and must be paid before a building or construction permit may be issued by the city.
C. The base charge upon which the general facility charge is computed shall be $450.00 for the first equivalent residential unit and $250.00 for all additional equivalent residential units. (Ord. 1831 § 4, 2012; Ord. 1527 § 2, 2002; Ord. 1485 § 1, 2000; Ord. 1441 § 7, 1999).
24.16.075 Stormwater capital improvements fund established.
There is hereby established a fund, to be designated the “stormwater general facilities charge fund.” The purpose of this fund is to provide for the deposit and financial administration, including project accounting, of all general facilities charge funds received and the expenditure and proper use thereof. The finance director shall have the responsibility for the financial administration of the fund and shall maintain separate recorded of accounts showing receipts and disbursements for all funds and for all general facility charges assigned to the fund. The finance director is hereby authorized to accept on behalf of the city all funds to be placed into the fund. (Ord. 1604 § 1, 2005; Ord. 1527 § 3, 2002).
24.16.080 Collection.
A. All service charges, general facility charges and all other fees or charges hereafter established by the city council by ordinance shall be deemed to be levied upon the premises themselves.
B. The city shall have a lien for all delinquent and unpaid rates and charges for storm drainage purposes assessed against all premises to which service was furnished, which lien shall have the superiority established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.220.
C. As an additional and concurrent method of enforcing its lien upon any premises for delinquent storm drainage charges, the utility is authorized, in accordance with law and in the manner provided by the city of Pacific code to stop providing water service to such premises for so long as any delinquent fees or charges remain unpaid.
D. Storm drainage service charges shall be deemed delinquent if not paid within 20 days following the billing date. A late charge equal to 10 percent of the delinquent service charge shall be imposed at the time of such delinquency and interest at the rate of eight percent per annum compounded on a monthly basis shall be charged on all delinquent service charges and late charges. (Ord. 1485 § 1, 2000; Ord. 1441 § 8, 1999).
24.16.090 Annual review of charges and fees.
The charges and fees established by this ordinance and any other ordinances of the city council establishing charges and fees for the utility shall be reviewed annually by the administrator. Subsequent to such review, the utility shall present to the city council a yearly budget for the utility and proposed amendments to any rates and charges necessary to enable the city to pay all costs to be incurred by the utility. (Ord. 1485 § 1, 2000; Ord. 1441 § 9, 1999).
24.16.100 Effective date of service charge.
The service charge herein established shall apply to all storm drainage services provided on or after December 31, 1999, and shall be billed beginning on December 31, 1999. (Ord. 1485 § 1, 2000; Ord. 1441 § 10, 1999).