Chapter 13.06 STORM DRAINAGE UTILITY

The city of Port Orchard hereby creates and establishes, pursuant to Chapters 35.23 and 35.67 RCW and Article 11, Section 11 of the Washington State Constitution, a storm drainage utility to provide for the operation and control of storm drainage and surface water management within the city and hereby exercises jurisdiction and control thereof. (Ord. 036-08 § 3).

13.06.030 Powers and authority.

The city hereby elects to exercise all lawful powers and authority for the planning, design, construction, maintenance, administration, operation, acquisition, and condemnation of property rights and regulation of storm drainage and surface water runoff systems including, without limitation, all lawful powers to fix, alter, regulate, and control the charges and conditions of the use thereof. (Ord. 036-08 § 4).

13.06.040 Utility to be administered by director of public works.

The storm drainage utility shall be administered by the director of public works or other official designated by the mayor. (Ord. 036-08 § 5).

13.06.050 Storm drainage utility fund.

There is hereby designated a storm drainage utility fund into which all revenues, charges, grants, taxes, and money from other sources shall be deposited and from which all expenditures related to the city’s storm drainage and surface water management system shall be paid. This fund shall be kept in the manner prescribed by state law as to accounting and reporting procedures and requirements. (Ord. 036-08 § 6).

13.06.060 Definitions.

The following words when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

(1) “City” shall mean the city of Port Orchard, Washington, a municipal corporation created and existing under the laws of the state of Washington.

(2) “Commercial/multifamily” shall mean all property which is not defined as single-family residential in subsection (6) of this section, including but not limited to those residential structures accommodating two, three or four dwelling units.

(3) “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 as clearing or grading) such that the hydrology of the property or portion thereof is materially affected.

(4) “Impervious ground cover” shall mean those hard surfaces which either 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 rooftops, 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. Excluded, however, are all lawns, agricultural areas, and landscaped areas.

(5) “Impervious surface unit (ISU)” shall mean 3,000 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the utility in assessing service charges.

(6) “Single-family residential” shall mean any residential structure designated for occupancy by one dwelling unit. Single-family residential includes “home business” pursuant to POMC Title 20; provided, that the commercial activity remains incidental to the residential use and does not interfere with the residential character of the neighborhood through noise, traffic, safety hazards, or other public nuisances that may be generated by the commercial activity.

(7) “Service charge” shall mean the monthly fee levied by the utility.

(8) “Undeveloped” shall mean that condition of real property unaltered by the construction on or addition to such property of impervious ground cover or physical manmade improvements of any kind that change the hydrology of the property from its natural state.

(9) “Utility” means the storm drainage utility established by Ordinance No. 036-08, passed on October 14, 2008. (Ord. 005-24 § 3; Ord. 019-17 § 17; Ord. 003-15 § 1; Ord. 037-08 § 1).

13.06.070 Storm drainage rate policy.

The charges for storm drainage services shall be as set forth in this chapter and shall be adequate, except in cases of emergency, to provide for administration, engineering and legal expenses, system operations and maintenance expenses; debt service requirements; funding of replacement reserves accounts; and system improvement projects. The rate structure for establishing the amount of service 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. Except for those properties set forth in POMC 13.06.110, all public entities and public property shall be subject to charges for storm drainage services to the same extent as private persons and property. (Ord. 037-08 § 2).

13.06.080 Storm drainage service charge calculation.

(1) Three thousand square feet of impervious ground cover shall be equal to one impervious surface unit (ISU).

(2) All single-family residential uses are deemed to contain one equivalent ISU for purposes of the monthly storm drainage utility service charge.

(3) The utility shall determine the actual number of ISUs contained on all other property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily, and commercial properties, and these accounts shall pay a service charge to be calculated as follows: actual impervious ground cover/3,000 square feet multiplied by the single-family residential rate. In making the calculation of the actual number of ISUs, fractions shall be rounded to the nearest whole number but not less than one. (Ord. 005-24 § 4; Ord. 015-14 § 1; Ord. 005-09 § 1; Ord. 037-08 § 3).

13.06.090 Undeveloped real property.

Those properties remaining in an undeveloped condition are deemed not to make use of the services of the utility or its facilities beyond that used by such property in the natural state. Therefore, no service charge shall be imposed upon that real property within the boundaries of the utility that is undeveloped. (Ord. 037-08 § 4).

13.06.100 Storm drainage service charges.

In accordance with the basis for a rate structure set forth in POMC 13.06.070 and 13.06.080, there is 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. Rates in effect on the first day of the billing date are charged for the entire billing period.

(1) Effective June 1, 2024, the storm drainage charges are shown below:

(a) For all single-family residential uses, including mobile homes, the monthly service charge shall be $18.34.

(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily, and commercial accounts, the monthly service charge shall be $18.34, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080.

(2) Effective January 1, 2025, the storm drainage charges are shown below:

(a) For all detached house accounts, including mobile homes, the monthly service charge shall be $24.03.

(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $24.03, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080.

(3) Effective January 1, 2026, the storm drainage charges are shown below:

(a) For all detached houses accounts, including mobile homes, the monthly service charge shall be $31.47.

(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $31.47, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080.

(4) Effective January 1, 2027, the storm drainage charges are shown below:

(a) For all detached houses, including mobile homes, the monthly service charge shall be $32.42.

(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $32.42, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080.

(5) Effective January 1, 2028, the storm drainage charges are shown below:

(a) For all detached houses, including mobile homes, the monthly service charge shall be $33.39.

(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily and commercial accounts, the monthly service charge shall be $33.39, multiplied by the number of ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.06.080. (Ord. 013-24 § 1; Ord. 005-24 § 5; Ord. 038-23 § 2; Ord. 015-14 § 2; Ord. 037-08 § 5).

13.06.110 Property exempt from service charges.

The following categories of property are exempt from service charges:

(1) City street rights-of-way, all of which are part of the storm drainage system pursuant to the plan; and

(2) State of Washington and Kitsap County rights-of-way. (Ord. 037-08 § 6).

13.06.120 Billing – Payment – Penalty – Lien.

(1) The storm drainage service charges shall be billed bimonthly to the current property owner by the finance director on the last day of the bimonthly billing period. It shall be the responsibility of the property owner to notify the city upon change of ownership.

(2) The charges shall be due to the finance director, who is authorized and empowered to collect and receipt for such payments, on the first day of the month following the receipt of services.

(3) Charges remaining unpaid 25 days after the due date shall be considered delinquent and shall be subject to an additional charge of $5.00 as a penalty.

(4) The city of Port Orchard may disconnect water service for any customer whose bill for storm drainage services is more than 30 days delinquent, in which case the shutoff and reconnect fees set forth in POMC 13.04.050 apply. Termination of water service shall not limit other remedies available to the city.

(5) Pursuant to RCW 35.21.290, 35.67.200, and 35A.60.010, the finance director is directed to prepare and file a lien against any property where storm drainage charges remain unpaid for four months. The recording fee to be applied to the account will be based on the current charges as established by the county auditor when the lien is filed. Such liens shall be effective and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 et seq., 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 the lien with the county auditor, as provided for in RCW 35.67.215. (Ord. 001-24 § 4; Ord. 052-17 § 1; Ord. 007-13 § 1; Ord. 037-08 § 7).

13.06.121 Waiver authority.

The finance director, or their designee, at their discretion, shall have the authority to adjust or waive utility late fees, penalties, and/or disconnection charges: (1) during a local, state or federally declared emergency; (2) in the case of errors or other similar extenuating circumstances, as long as the utility account has not received a waiver or adjustment in the previous 12 months; or (3) for late fees or penalties, when the total late fee or penalty amount has grown to at least 51 percent of the total delinquent utility service charge amount, as long as the utility account has not received a waiver or adjustment in the previous 12 months.

The finance director, or their designee, at their discretion, shall have the authority to make alternative utility payment arrangements: (1) during a local, state or federally declared emergency; (2) in the case of errors or other similar extenuating circumstances, as long as the utility account has not received an alternative utility payment arrangement in the previous 12 months; or (3) when the total late fee or penalty amount has grown to at least 51 percent of the total delinquent utility service charge amount, as long as the utility account has not received an alternative utility payment arrangement in the previous 12 months. (Ord. 001-24 § 5; Ord. 017-23 § 1 (Exh. A); Ord. 009-20 § 2; Ord. 005-19 § 2).

13.06.130 Annual review of charges.

The charges established by this chapter and any other ordinances of the city council establishing charges and fees for the utility shall be reviewed annually. Subsequent to such review, the mayor shall present to the city council a yearly budget for the utility and proposed amendments to any rates and charges necessary, for the city council’s approval. (Ord. 037-08 § 8).

13.06.140 Effective date.

Repealed by Ord. 015-14. (Ord. 037-08 § 9).

13.06.150 Storm drainage capital facilities charge.

(1) The storm drainage capital facility charge is designed to mitigate the impact of new demands on the existing storm drainage system and to require new or expanded development to pay its fair share of the value of the storm drainage system including, but not limited to, storm drainage transmission, storage, management, filtration, and dispersal facilities in compliance with the city’s NPDES permit. The storm drainage capital facility charge applies to new construction, changes in use, and building modifications which modify the ISU count for the property. Prior to constructing any impervious surface and obtaining either a land disturbing activity permit/stormwater drainage permit and/or building permit, the property owner shall pay, in addition to other applicable charges, the applicable stormwater drainage capital facility charge. The storm drainage capital facility charge for a residential or nonresidential connection is based on a set fee per ISU which is set forth in POMC 13.06.160.

(2) Storm Drainage Capital Facility Charge – Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the storm drainage capital facility charge, provided all of the following requirements are met:

(a) Property owners must submit an application for a partial or a full exception on the city’s application form prior to the issuance of any land use or development permits which change the use or development of the property; and

(b) A nonresidential or residential account has continuously paid a minimum base fee as applicable; and

(c) The property owner decides to construct a new building, change the original use, or modify the original building; and

(d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ISU for the account will be equal to or less than the ISU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ISU calculation is larger than the existing ISU calculation. ln such case the city will establish the prior calculated ISU which will be used as the basis for a credit toward the storm drainage capital facility charge. (Ord. 005-24 § 6; Ord. 038-23 § 3).

13.06.160 Fee schedule.

(1) The fees set forth below are referenced in POMC 13.06.150.

Storm Drainage Capital Facility Charge	See POMC 13.06.150
Per ISU	$3,087

(Ord. 005-24 § 1).

13.06.300 Stormwater standards.

All stormwater improvements shall be designed and constructed in accordance with the “2019 City of Port Orchard Public Works Engineering Standards and Specifications (PWESS),” three copies of which are on file with the city clerk, which shall apply in addition to other adopted stormwater standards, including but not limited to Chapters 20.140 and 20.150 POMC. (Ord. 006-19 § 3).