Chapter 2.46
STORM AND SURFACE WATER UTILITY*
Sections:
2.46.050 Notification of utility ownership.
2.46.060 Responsibility of owner for billing.
2.46.070 Rates—Customer classifications.
2.46.080 Rates—Methodology—ERU.
2.46.090 Rates—Fee calculation.
2.46.100 Fee calculation for Class 3 and Class 4 customers.
2.46.120 Applicability of fees.
2.46.130 Applicability to out-of-city residents.
2.46.150 Exemptions and limitations.
2.46.160 Low-income citizen discount.
2.46.200 Transfer of property.
* Prior ordinance history: Ord. 1339-99.
2.46.010 Generally.
The rules and regulations set forth in this chapter shall be used and established for the regulation, operation, and rate setting of the storm and flood control operations of the city. (Ord. 1576-07 § 2 (part), 2007)
2.46.020 Purpose.
The purpose of the funds derived from the storm drainage utility is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement, acquisition, maintenance, operation, administration of the storm drainage system of Sedro-Woolley. (Ord. 1576-07 § 2 (part), 2007)
2.46.030 Definitions.
For the purpose of this chapter, the following words shall have the following meaning:
“Equivalent residential unit (ERU)” means the basic unit for the computation of storm drainage fees. The baseline ERU is hereby established to be ten thousand square feet.
“Impervious surface” means any part of any developed parcel of land that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development and/or a 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 pre-existent to development.
By way of example, common impervious surfaces areas include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel road, or any cleared, graded, paved, graveled, or compacted surface or packed earthen materials, or areas covered by structures or other surfaces which similarly impede the natural infiltration of surface water into the soil mantle.
“Parcel” means the smallest separately segregated lot, 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 Skagit County assessor. (Ord. 1576-07 § 2 (part), 2007)
2.46.040 Billing mechanism.
It is the intention of the city to include the storm drainage fees as a component of the utility (garbage/sewer) billings currently conducted for our customers. (Ord. 1576-07 § 2 (part), 2007)
2.46.050 Notification of utility ownership.
It shall be the responsibility of the property owner to notify the city within ten calendar days of the date of assumption of ownership, together with the name and correct mailing address of the owner for utility billing purposes. Subsequent changes in correct mailing address of the owner shall also be reported within fifteen calendar days. (Ord. 1576-07 § 2 (part), 2007)
2.46.060 Responsibility of owner for billing.
It shall be the responsibility of the owner to inform the city as to the correct name and mailing address for utility billing purposes. The property owner shall have the option of receiving the billing himself or having the billing mailed to a renter or lessee. In all cases, the billings shall accrue to the property owner and any unpaid amounts due to the city as the result of changes in renters or lessees shall be due and payable in full prior to the transfer of utility billings to the new renter or lessee. For purposes of this section, the owner shall be the holder of record title as reflected under the records of the Skagit County auditor. (Ord. 1576-07 § 2 (part), 2007)
2.46.070 Rates—Customer classifications.
The following customer classifications are established for storm drainage purposes. It is the intention to include all utility customers within the storm drainage fees. Should there be a customer whose use does not fit into one of the following classifications, they shall be so classified in the most appropriate classification as solely determined by the city’s public works director.
Class 1 customers includes all single-family residential units and all multifamily and condominium units with one unit.
Class 2 customers includes all multifamily units and condominium with two or more units.
Class 3 customers includes all commercial and industrial customers, excluding home-occupation businesses.
Class 4 customers includes all public-use customers (schools, hospitals, churches, government buildings, etc.).
Class 5 customers includes all mixed-use structures. (Ord. 1576-07 § 2 (part), 2007)
2.46.080 Rates—Methodology—ERU.
It is the intention of the city to impose a baseline standard residential storm drainage fee per month as listed in the master fee schedule adopted by resolution of the city council. This equivalent residential unit (ERU) fee is based on the assumption that the average single-family lot equals approximately ten thousand square feet.
The fees for other customer classifications shall use this ten thousand square-foot ERU baseline as the basis for the calculation of the fee. (Ord. 2013-22 § 3, 2022; Ord. 1998-21 § 1, 2021: Ord. 1967-20 § 1, 2020; Ord. 1941-19 § 1, 2019: Ord. 1912-18 § 1, 2018: Ord. 1888-17 § 1, 2017: Ord. 1862-16 § 1, 2016: Ord. 1831-15 § 1, 2015: Ord. 1800-14 § 1, 2014: Ord. 1781-13 § 1, 2013: Ord. 1755-12 § 1, 2012: Ord. 1720-11 § 1, 2011: Ord. 1576-07 § 2 (part), 2007)
2.46.090 Rates—Fee calculation.
The following ERU-derived fees shall apply. The derived ERU-based fees shall be billed in whole units and are billed to the next higher unit (for example, if a parcel has a forty-three thousand five hundred square-foot area, the parcel’s owner would be billed for five ERUs; if a parcel has a two thousand square-foot area, the parcel’s owner would be billed for one ERU) and in no case shall the ERU-based fee be less than the amount listed in the master fee schedule adopted by resolution of the city council.
Class 1 customers include all single-family residential units and all multifamily and condominium units with one unit. Class 1 fee: as listed in the master fee schedule adopted by resolution of the city council, per month per unit.
Class 2 customers include all multifamily units and condominium with two or more units. Class 2 fee: fifty percent of the Class 1 fees on a per-unit basis.
Class 3 customers include all commercial and industrial customers. Class 3 fee: as listed in the master fee schedule adopted by resolution of the city council, per month for every ten thousand square feet of land area or as listed in the master fee schedule adopted by resolution of the city council, per month for every ten thousand square feet of impervious surface.
Class 4 customers include all public use customers (schools, hospitals, churches, government buildings, etc.). Class 4 fee: as listed in the master fee schedule adopted by resolution of the city council, per month for every ten thousand square feet of land area, or as listed in the master fee schedule adopted by resolution of the city council, per month for every ten thousand square feet of impervious surface.
Class 5 customers include all mixed-use structures. Class 5 fee: as listed in the master fee schedule adopted by resolution of the city council, per month per commercial unit for every ten thousand square feet of land area and as listed in the master fee schedule adopted by resolution of the city council, per month for every residential unit. However, should there be more than three residential units, the fee shall be fifty percent of the Class 1 fees on a per-unit basis. (Ord. 2013-22 § 4, 2022; Ord. 1998-21 § 2, 2021: Ord. 1967-20 § 2, 2020; Ord. 1941-19 § 2, 2019: Ord. 1912-18 § 2, 2018: Ord. 1888-17 § 2, 2017: Ord. 1862-16 § 2, 2016: Ord. 1831-15 § 2, 2015: Ord. 1800-14 § 2, 2014: Ord. 1781-13 § 2, 2013: Ord. 1755-12 § 2, 2012: Ord. 1720-11 § 2, 2011: Ord. 1576-07 § 2 (part), 2007)
2.46.100 Fee calculation for Class 3 and Class 4 customers.
Class 3 and Class 4 customers have a choice of two billing calculation methodologies: either one based on the total size of the parcel or one that uses only the impervious surface area of the parcel or parcels. The following steps will be used to determine the individual fees for Class 3 and Class 4 customers:
Step 1. All existing Class 3 and Class 4 customers will be notified, in writing, of their two fee calculation options. New Class 3 and Class 4 customers will be notified of the two fee calculation options at the time of request for utility service.
Step 2. The fee calculation methodology that utilizes total parcel size shall be the default fee calculation option the city will use unless the city is notified, in writing, of the Class 3 or Class 4 customer’s desire to implement a fee calculation option that uses only impervious surface area rather than total parcel area.
Step 3. Those Class 3 and Class 4 customers who opt for the billing option that utilizes impervious surface area shall be required to submit to the city a detailed drawing of their parcel or parcels showing the total area of the parcel or parcels and the total area of the parcel or parcels that contains impervious surface area together with a calculation of the impervious and non-impervious surface area.
Step 4. The city will then verify the impervious surface area calculations and if, in the sole opinion of the city clerk-treasurer, the information submitted by the customer in Step 3 is deemed accurate, the storm drainage fee shall be recalculated.
Step 5. The revised storm drainage fee shall commence with the utility billing mailed out following the recalculation in Step 4. In no instance shall the storm drainage fee be recalculation apply to previously mailed utility billings. (Ord. 1576-07 § 2 (part), 2007)
2.46.110 Delinquent charges.
All charges for storm drainage service shall be due and payable when rendered. Storm drainage charges shall be deemed delinquent if not paid in full within twenty-five days after the date of billing. Delinquent charges shall bear interest beginning on the first day of the month following delinquency at the rate of eight percent per annum until paid in full. (Ord. 1576-07 § 2 (part), 2007)
2.46.120 Applicability of fees.
The billing of storm drainage fees shall be applicable to all utility customers within the city’s urban growth area. (Ord. 1576-07 § 2 (part), 2007)
2.46.130 Applicability to out-of-city residents.
The storm drainage fees established in this chapter shall bear a one hundred percent surcharge for those utility customers outside of the city limits but within the urban growth area. (Ord. 1576-07 § 2 (part), 2007)
2.46.140 City utility tax.
All fees related to storm drainage shall also be subject to the city’s utility tax at the same rate as is charged for sanitary sewer service as it exists today or is changed in the future. (Ord. 1576-07 § 2 (part), 2007)
2.46.150 Exemptions and limitations.
A. Vacant Parcels. Vacant parcels shall be exempt from charge under this chapter, provided, that this exception only applies to undisturbed parcels so long as they remain in their undeveloped state.
B. Repealed by Ord. 1720-11. (Ord. 1720-11 § 3, 2011; Ord. 1576-07 § 2 (part), 2007)
2.46.160 Low-income citizen discount.
A. Maximum Charge. The maximum charge for storm drainage service under this chapter at a single-family residence owned and occupied by an eligible head of household, as defined in subsection B of this section, shall be eighty percent of the regular monthly rate, provided however, that this shall apply solely to a single-family residence or to the eligible owner-occupied unit of a multifamily structure. This discount will not apply to commercial property, rentals or units of multifamily structures that are not owner-occupied.
B. Eligible Head of Household Defined. For purposes of this section, an “eligible head of household” shall be defined as any person who has qualified for exemption from all or a portion of the amount of excess and regular property taxes for the claimed residence pursuant to RCW 84.36.381. Proof of entitlement may consist of documents or copies of documents from the county assessor’s office showing that the applicant meets the necessary qualification as set forth in RCW 84.36.381.
C. Application for Reduced Rates. No person, however qualified, shall be entitled to the reduced storm drainage service rates provided in this section until such person has made official application for the same with the clerk of the city. Reductions of rates made pursuant to this chapter shall be effective only for the billing period during which application is made in accordance with this section and for those billing periods occurring thereafter during which time the applicant remains eligible to receive reduced storm drainage service rates.
D. Application Forms and Affidavits. The clerk of the city is hereby directed to maintain a supply of affidavits and application forms establishing qualifications of applicants for reduced collection rates in a form to be approved by the city council.
E. False Representation. Any person making false representations in order to secure reduced storm drainage service rates pursuant to this chapter shall be guilty of a misdemeanor. (Ord. 1576-07 § 2 (part), 2007)
2.46.170 Utility established.
There is created and established a storm and surface water utility. The utility shall be administered under direction of the mayor or designee. (Ord. 1576-07 § 2 (part), 2007)
2.46.180 Jurisdiction.
The city shall have jurisdiction over all storm and surface water facilities within the city. No modifications or additions shall be made to the city’s storm and surface water facilities without the prior approval of the city. (Ord. 1576-07 § 2 (part), 2007)
2.46.190 Plan adopted.
The interim plan of the storm and surface water utility shall be as set forth in Exhibit A attached to the ordinance codified in this chapter and incorporated by reference. (Ord. 1576-07 § 2 (part), 2007)
2.46.200 Transfer of property.
All properties, property rights and interests of every kind or nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewage are transferred to the storm and surface water utility, including by way of examples and not limitation, all properties, rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of storm or surface waters over and under lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition. (Ord. 1576-07 § 2 (part), 2007)