Chapter 16.30
LAKE WHATCOM STORMWATER UTILITY SERVICE AREA
Sections:
Article I. General Provisions
Article II. Lake Whatcom Stormwater Utility Funding Mechanism
16.30.080 Service charge adjustments and appeals.
16.30.110 Lien for delinquent charges.
16.30.120 Capital facilities charge.
16.30.130 Future fee adjustments.
Article I. General Provisions
16.30.010 Established.
The Lake Whatcom stormwater utility service area is hereby established, as enabled by Chapter 36.89 RCW, with its boundaries set as described in Exhibit A, attached to the ordinance codified in this section and incorporated by reference.
EXHIBIT “A”
Lake Whatcom Stormwater Utility Service Area as formed under RCW 36.89
Boundary Legal Description
THE LAKE WHATCOM STORMWATER UTILITY SERVICE AREA CONTAINING ALL OR PORTIONS OF SECTIONS 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 AND 36, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M., SECTIONS 1, 2, 3, 11, 12, 13 AND 24, TOWNSHIP 37 NORTH, RANGE 3 EAST, W.M., SECTIONS 17, 18, 19, 20, 21, 22, 26 , 27, 28, 29, 30, 31, 32, 33, 34 AND 35 TOWNSHIP 38 NORTH, RANGE 4 EAST, W.M., SECTIONS 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, AND 35, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 30 AND 31, TOWNSHIP 37 NORTH, RANGE 5 EAST, W.M., SAID SERVICE AREA BOUNDARY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE WEST 100.00 FEET OF LOT 1, AS MEASURED ALONG THE SOUTH LINE THEREOF, IN BLOCK 1, MCCUE’S GARDEN TRACTS, WHATCOM COUNTY, WASHINGTON, AS PER THE MAP THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 42, IN THE AUDITOR’S OFFICE OF SAID COUNTY AND STATE; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF LOT 3, GINA LYNEE SHORT PLAT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SHORT PLAT TO THE NORTHWEST CORNER OF LOT 2 OF SAID SHORT PLAT; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 2 AND THE EXTENSION THEREOF TO THE SOUTHERLY RIGHT OF WAY MARGIN OF YORK STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY MARGIN TO THE NORTHWEST CORNER OF LOT 4, CEDARBROOK 1ST ADDITION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 4 TO THE NORTHWEST CORNER OF LOT 5 OF SAID CEDARBROOK 1ST ADDITION; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 5 TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT 5 TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 5 TO THE SOUTHWEST CORNER OF SAID LOT 5, SAID SOUTHWEST CORNER ALSO BEING A POINT ON THE WEST LINE OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 3 EAST OF W.M.; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M.; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SECTION 34 TO THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 34 TO THE QUARTER SECTION CORNER COMMON TO SECTION 34, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M. AND SECTION 3, TOWNSHIP 37 NORTH RANGE 3 EAST W.M.; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 3 TO THE CENTER OF SAID SECTION 3; THENCE EASTERLY ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 3 TO THE EAST QUARTER CORNER OF SAID SECTION 3; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 3 TO THE NORTHWEST CORNER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 3 EAST, W.M.; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SECTION 11 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11 TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EASTERLY ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 11 TO THE EAST QUARTER CORNER OF SAID SECTION 11; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 11 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 3 EAST, W.M.; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 12 TO THE NORTH QUARTER CORNER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 3 EAST, W.M.; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTHERLY ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 3 EAST, W.M.; THENCE SOUTHERLY ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 24 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 24 TO THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 19 TO THE SOUTH QUARTER CORNER OF SAID SECTION 19; THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 19 TO THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 29 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTHERLY TO THE NORTHWEST CORNER OF LOT 42, BLOCK 1, GLENHAVEN LAKES DIV. NO. 11; THENCE EASTERLY ALONG THE NORTH LINE OF SAID GLENHAVEN LAKES DIV. NO. 11 TO THE NORTHEAST CORNER OF LOT 6, BLOCK 2 OF SAID GLENHAVEN LAKES DIV. NO. 11; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT 6 TO THE NORTHERLY RIGHT OF WAY MARGIN OF PEAK ROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE MOST SOUTHERLY CORNER OF LOT 8, BLOCK 2, OF SAID GLENHAVEN LAKES DIV. NO. 11; THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 8 TO THE MOST NORTHERLY CORNER OF LOT 12, BLOCK 2 OF SAID GLENHAVEN LAKES DIV. NO. 11; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 12 TO THE NORTHWESTERLY RIGHT OF WAY MARGIN OF ASH WAY; THENCE CONTINUING SOUTHEASTERLY ALONG THE EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 12 TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF WEST ROAD; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY MARGIN TO THE MOST WESTERLY CORNER OF LOT 17, BLOCK 4 OF SAID GLENHAVEN LAKES DIV. NO. 11; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 17 TO THE MOST SOUTHERLY CORNER OF SAID LOT 17 SAID CORNER ALSO BEING A POINT ON THE DIVIDING LINE BETWEEN GLENHAVEN LAKES DIV. NO. 11 AND GLENHAVEN LAKES DIV. NO. 10; THENCE NORTHEASTERLY ALONG SAID DIVIDING LINE TO THE MOST WESTERLY CORNER OF LOT 24, BLOCK 3, OF SAID GLENHAVEN LAKES DIV. NO. 10; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 24 TO THE NORTHWESTERLY RIGHT OF WAY MARGIN OF SUMERSET WAY; THENCE CONTINUING SOUTHEASTERLY ALONG THE EXTENSION OF SAID SOUTHWESTERLY LINE TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF SUMERSET WAY; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY MARGIN TO THE MOST WESTERLY CORNER OF LOT 2, BLOCK 6 OF SAID GLENHAVEN LAKES DIV. NO. 10; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 2, ALSO BEING A POINT ON THE NORTHWESTERLY RIGHT OF WAY MARGIN OF FERNHAVEN LANE; THENCE NORTHEASTERLY TO THE SOUTHWESTERLY CORNER OF LOT 20, BLOCK 5 OF SAID GLENHAVEN LAKES DIV. NO. 10, ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF FERNHAVEN LANE; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 20 TO THE SOUTHEASTERLY CORNER OF SAID LOT 20, ALSO BEING A POINT ON THE NORTHWESTERLY RIGHT OF WAY MARGIN OF CAIN LAKE ROAD; THENCE SOUTHEASTERLY TO THE NORTHWESTERLY CORNER OF LOT E, UNRECORDED PARK RANCHETTES, ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF CAIN LAKE ROAD; THENCE SOUTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT E TO THE NORTHEASTERLY CORNER OF SAID LOT E; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT E TO THE NORTHWEST CORNER OF LOT A, CAMPOS SHORT PLAT; THENCE EASTERLY ALONG THE NORTH LINE OF SAID CAMPOS SHORT PLAT TO THE NORTHEAST CORNER OF LOT B OF SAID SHORT PLAT; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID SHORT PLAT TO THE NORTHEAST CORNER OF LOT 2, SOUTH BAY RIDGE SHORT PLAT; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID SHORT PLAT TO THE SOUTHEAST CORNER OF LOT 4 OF SAID SHORT PLAT; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 4 TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2016-0401205; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID PARCEL TO THE CENTERLINE OF A CREEK AS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2000800578; THENCE SOUTHEASTERLY ALONG SAID CREEK TO THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE CONTINUING ALONG SAID CREEK TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1991202345; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID PARCEL TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE EASTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 4 EAST W.M.; THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2050101389; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE NORTH QUARTER CORNER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 33 TO THE CENTER OF SAID SECTION 33; THENCE EASTERLY ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33 TO THE NORTHWESTERLY RIGHT OF WAY MARGIN OF CAMP 2 ROAD; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE DIVIDING LINE BETWEEN WHATCOM COUNTY AND SKAGIT COUNTY; THENCE EASTERLY ALONG SAID DIVIDING LINE TO THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 35 TO THE SOUTHWEST CORNER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 25 TO THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 5 EAST, W.M.; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 31 TO THE NORTH QUARTER CORNER OF SAID SECTION 31; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 31 TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2101100490; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL TO THE WESTERLY RIGHT OF WAY MARGIN OF STATE ROUTE NO. 9; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY MARGIN TO THE SOUTH LINE OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 5 EAST, W.M.; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF PARK ROAD; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 30; THENCE NORTHERLY ALONG SAID NORTH-SOUTH CENTERLINE TO THE CENTER OF SAID SECTION 30; THENCE WESTERLY ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 30 TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SECTION 30; THENCE WESTERLY ALONG SAID NORTH LINE TO THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 5 EAST, W.M.; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 19 TO THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 13 TO THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 13 TO THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 4 EAST; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 14 TO THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 10 TO THE SOUTHWEST CORNER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 4 EAST, W.M.; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 2 TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE NORTHERLY ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 2 TO THE NORTH LINE OF SAID SECTION 2; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 2 TO THE SOUTH QUARTER CORNER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 4 EAST, W.M; THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 35 TO THE SOUTH QUARTER CORNER OF SECTION 26, TOWNSHIP 38 NORTH, RANGE 4 EAST, W.M.; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 26 TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 26; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHEAST CORNER OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE WEST LINE OF SAID SECTION 26; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 4 EAST, W.M.; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 22 TO THE NORTHEAST CORNER OF SAID SECTION 22; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 22 TO THE SOUTHEAST CORNER OF SECTION 16, TOWNSHIP 38 NORTH RANGE 4 EAST, W.M.; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 16 TO THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 4 EAST, W.M.; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 17 TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE WESTERLY ALONG SAID NORTH LINE TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17; THENCE NORTHERLY ALONG SAID NORTH-SOUTH CENTERLINE TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST OF SAID SECTION 17; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER TO SAID SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID SECTION 17; THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 4 EAST, W.M.; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 18 TO THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 18 TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 18; THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 1 TO THE NORTHWEST CORNER OF “PARCEL NO. 28” AS DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2016-0200579; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF “PARCEL NO. 29” AS DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2016-0200579; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID “PARCEL 29” TO THE SOUTH LINE OF GOVERNMENT LOT 2 OF SAID SECTION 18; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE EAST QUARTER CORNER OF SECTION 13, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M.; THENCE WESTERLY ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 13 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE INTERSECTION WITH THE NORTH LINE OF “PARCEL NO. 17” AS DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2016-0200579; THENCE WESTERLY ALONG THE NORTH LINE OF SAID “PARCEL NO. 17” TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13 TO THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13 TO THE SOUTHERLY RIGHT OF WAY MARGIN OF FELDMAN ROAD; THENCE WESTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE INTERSECTION WITH THE EXTENSION OF THE WEST LINE OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2120603310; THENCE NORTHERLY ALONG SAID EXTENSION AND WEST LINE TO THE SOUTHERLY RIGHT OF WAY MARGIN OF SQUALICUM MOUNTAIN ROAD; THENCE WESTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE WEST LINE OF “PARCEL A” AS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2070804107; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF “PARCEL A” AND “PARCEL B” AS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2070804106; THENCE WESTERLY ALONG SAID SOUTH LINE AND THE EXTENSION THEREOF TO THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M.; THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1990603130; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTHERLY ALONG THE EXTENSION OF THE WEST LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1990603139; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1990603137; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTHERLY ALONG THE EXTENSION OF THE WEST LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF SOUTH HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED AND DEPICTED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1980302507; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PARCEL TO THE EASTERLY RIGHT OF WAY MARGIN OF TOAD LAKE ROAD; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY MARGIN TO THE INTERSECTION WITH THE EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M.; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2050706353; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTHERLY AND WESTERLY ALONG THE WEST LINE OF SAID PARCEL TO THE EASTERLY RIGHT OF WAY MARGIN OF BRITTON ROAD; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY MARGIN TO THE EAST-WEST CENTERLINE OF SAID SECTION 15; THENCE EASTERLY ALONG SAID EAST-WEST CENTERLINE TO THE NORTHWEST CORNER OF THE PLAT OF BROWNSVILLE; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PLAT TO THE NORTH LINE OF THE PLAT OF BRITTON GREEN; THENCE WESTERLY ALONG SAID NORTH LINE TO THE EASTERLY RIGHT OF WAY MARGIN OF BRITTON ROAD; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY MARGIN TO THE INTERSECTION WITH THE EXTENSION OF THE NORTH LINE OF LOT 1, MANDEL SHORT PLAT, AS SHOWN ON THE PLAT OF SUNNYBROOK, RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2070400646; THENCE WESTERLY ALONG SAID NORTH LINE AND THE EXTENSION THEREOF TO THE EAST LINE OF LOT 13 OF SAID PLAT OF SUNNYBROOK; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID LOT 13, ALSO BEING A POINT ON THE NORTH LINE OF GREENVILLE EAST DIV. NO. 1; THENCE WESTERLY ALONG THE NORTH LINE OF SAID GREENVILLE EAST DIV. NO. 1 TO THE EAST LINE OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2040702618; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2016-0303015; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PARCEL TO THE NORTH LINE OF GREENVILLE EAST DIV. NO. 2; THENCE WESTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID GREENVILLE EAST DIV. NO. 2; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID GREENVILLE EAST DIV. NO. 2 TO THE SOUTHWESTERLY LINE OF LOT 22, TWEED TWENTY DIV. NO. 5; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF DEL BONITA WAY; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY MARGIN AND EXTENSION THEREOF TO THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF SPRING COULEE ROAD; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE INTERSECTION WITH THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF BEAZER ROAD; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY MARGIN TO THE INTERSECTION WITH THE EXTENSION OF THE NORTHERLY LINE OF LOT 30, TWEED TWENTY DIV. NO. 3; THENCE WESTERLY ALONG SAID NORTHERLY LINE AND EXTENSION THEREOF TO THE EAST LINE OF LOT 1, PLAT OF “HERITAGE HILLS DIV. NO. 1”; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTH LINE OF LOTS 1 AND 2 OF SAID PLAT OF “HERITAGE HILLS DIV. NO. 1”; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOTS 1 AND 2 TO THE EAST LINE OF TWEED TWENTY DIV. NO. 4; THENCE NORTHERLY ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF LOT 16 OF SAID TWEED TWENTY DIV. NO. 4; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 16 TO THE EASTERLY RIGHT OF WAY MARGIN OF MAGRATH ROAD; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE INTERSECTION OF SAID RIGHT OF WAY MARGIN AND THE EXTENSION OF THE NORTH LINE OF LOT 35, TWEED TWENTY DIV. NO. 4; THENCE WESTERLY ALONG SAID NORTH LINE AND THE EXTENSION THEREOF TO THE WEST LINE OF TWEED TWENTY DIV. NO. 4; THENCE SOUTHERLY ALONG SAID WEST LINE TO SOUTHWEST CORNER OF SAID TWEED TWENTY DIV. NO. 4, ALSO BEING THE NORTHWEST CORNER OF THE PLAT OF BRENTWOOD DIV. NO. 3B; THENCE EASTERLY ALONG THE NORTH LINE OF THE PLAT OF BRENTWOOD DIV. NO. 3B AND THE EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT A, THREE B’S SHORT PLAT; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT A AND EXTENSION THEREOF TO THE NORTH-SOUTH CENTERLINE OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M; THENCE SOUTHERLY ALONG SAID NORTH-SOUTH CENTERLINE TO THE INTERSECTION WITH THE NORTH LINE OF SILVER BEACH ON LAKE WHATCOM; THENCE EASTERLY ALONG THE SAID NORTH LINE TO THE EAST LINE OF SAID SECTION 22; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M.; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 27 TO THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF NORTHSHORE DRIVE; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY MARGIN TO THE MOST EASTERLY CORNER OF LOT 1, PEARCE’S SUBDIVISION; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1 TO THE NORTHERLY MOST CORNER OF “PARCEL A” DESCRIBED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2130101857; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID “PARCEL A” TO THE SOUTHEASTERLY LINE THEREOF; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE INTERSECTION WITH SAID EAST LINE OF SECTION 27; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE INTERSECTION WITH THE NORTHEASTERLY BANK MEANDER LINE OF LAKE WHATCOM AS SHOWN ON THE MAP OF LAKE WHATCOM SHORE LANDS; THENCE SOUTHWESTERLY TO THE INTERSECTION OF THE EAST-WEST CENTERLINE OF SAID SECTION 27 WITH THE SOUTHWESTERLY BANK OF LAKE WHATCOM; THENCE WESTERLY ALONG SAID EAST-WEST CENTERLINE TO THE NORTHWEST CORNER OF THE “GURTNER PARCEL” AS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 901231198; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID “GURTNER PARCEL” AND THE EXTENSION THEREOF TO THE NORTHWEST CORNER OF THE PLAT OF MAPLEBROOK; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PLAT TO THE NORTHEAST CORNER OF THE PLAT OF BROOK VIEW; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PLAT OF BROOK VIEW AND THE EXTENSION THEREOF TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION LYING WITHIN THE LIMITS OF THE CITY OF BELLINGHAM, WHATCOM COUNTY, WASHINGTON.
SITUATED IN WHATCOM COUNTY, WASHINGTON.
LINES AND RIGHT OF WAY MARGINS TO BE LENGTHENED OR SHORTENED AS NECESSARY.
(Ord. 2017-076 Exh. A).
Article II. Lake Whatcom Stormwater Utility Funding Mechanism
16.30.020 Title.
This article shall be titled “Lake Whatcom Stormwater Utility Funding Mechanism”. (Ord. 2019-053 § 1 (Exh. A)).
16.30.030 Purpose.
The purpose of this chapter is to provide revenue for the Lake Whatcom stormwater utility (LWSU) to plan, manage, design, construct, establish, acquire, develop, maintain, use, finance, operate, control or improve storm and surface water control facilities, and to carry out activities related thereto. This chapter provides these revenues by fixing rates and charges pursuant to Chapter 36.89 RCW for the furnishing of service to those served or receiving benefits or those to be served or to receive benefits from any stormwater control facility, or those contributing to an increase of surface water runoff in the LWSU service area. This authority is invoked in order to minimize property damage; promote and protect public health, safety and welfare; minimize water quality degradation by preventing siltation, contamination and erosion of the waterways; protect aquifers; ensure the safety of county roads and rights-of-way; increase educational and recreational opportunities; encourage the retention of open space; and foster other beneficial public uses within the LWSU service area. (Ord. 2019-053 § 1 (Exh. A § 2)).
16.30.040 Applicability.
The requirements of this article shall apply to all parcels of real property in the LWSU service area, including public and private property. (Ord. 2019-053 § 1 (Exh. A § 3)).
16.30.050 Definitions.
For the purposes of this chapter, the words or phrases below shall have the following meanings:
A. “County” means Whatcom County, or, as indicated by the context, may mean the department of public works, public works director, county engineer, or other employee or agent representing the county in the discharge of his or her duties.
B. “County council” means the Whatcom County council, which is the legislative branch of Whatcom County government.
C. “County roads” means public rights-of-way, excluding state roads, in the unincorporated areas served by the LWSU.
D. “Developed parcel” means a parcel of real property which has been altered by impervious surface coverage.
E. “Enterprise fund” means a fund established to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. As such, enterprise funds must report actual financial position and results of operations, such as actual assets, liabilities, fund equity balances, revenues, expenditures, and expenses.
F. “Equivalent service unit” (ESU) means the amount of runoff a development contributes to the county’s municipal separate storm sewer system (MS4) as defined by square footage of impervious surface or approximately equal to the impervious surface created by the average single-family residential developed parcel as recommended by the Western Washington Stormwater Management Manual for runoff modeling.
G. “Forestland” or “timberland” means forestland or timberland parcels on lands taxed as forestland under Chapter 84.33 RCW or as timberland under Chapter 84.34 RCW (including forest roads and or any roads on lands taxed as forestland under Chapter 84.33 RCW or as timberland under Chapter 84.34 RCW).
H. “Impervious surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated 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 prior 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 stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
I. “Manager” means the public works director or his/her designee.
J. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains).
K. “Other developed parcel” means a parcel that contains impervious surface area and is not a single-family residence, including but not limited to commercial, industrial, multifamily apartment, and public property.
L. “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 account number assigned by the Whatcom County assessor-treasurer.
M. “Private roads” means a road which is on private property and is maintained with private funds and requires a name per WCC 12.60.050.
N. “Service charge” means the fee in an amount to be determined by applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
O. “Single-family residence” means a residential structure designed exclusively for occupancy by one family, including but not limited to mobile homes, cabins and duplex units, as defined by the Whatcom County Land Use and Development Code.
1. “Small single-family residential footprint” means a parcel containing a single-family residence that has less than or equal to 2,500 impervious square feet.
2. “Medium single-family residential footprint” means a parcel containing a single-family residence with more than 2,500 impervious square feet and less than or equal to 8,400 impervious square feet.
3. “Large single-family residential footprint” means a parcel containing a single-family residence with more than 8,400 impervious square feet.
P. “Undeveloped parcel” means any parcel of real property which has not been altered by construction of any structure or other impervious surface area.
Q. “Unit rate” means the dollar amount charged per ESU.
R. “WSDOE” means the Washington State Department of Ecology. (Ord. 2020-052 § 1 Exh. A; Ord. 2019-053 § 1 (Exh. A § 4)).
16.30.060 Rate structure.
A. Service charges for the LWSU are hereby authorized and imposed, in amounts and on terms consistent with this article.
B. The rates and service charges shall be based on the service provided and the relative contribution of stormwater runoff from a given parcel. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel.
C. The county council shall establish from time to time, by resolution, the value of one ESU in impervious surface area, as measured in square feet.
D. The county council shall establish from time to time, by resolution, the unit rate per ESU.
E. Service charges shall be determined as follows:
1. Small Single-Family Residential Footprint. The service charge for each small single-family parcel shall be the unit rate times 0.75 ESU.
2. Medium Single-Family Residential Footprint. The service charge for each medium single-family parcel shall be the unit rate times 1.00 ESU.
3. Large Single-Family Residential Footprint. The service charge for each large single-family parcel shall be the unit rate times 2.00 ESUs.
4. Other Developed Parcels. The service charge for all other developed parcels, including publicly owned properties, shall be computed by multiplying the unit rate times the number of ESUs on the parcel minus any approved rate adjustment for the parcel as determined under WCC 16.30.080. There shall be a minimum service charge for all other developed parcels equal to the unit rate.
For the purpose of computation of service charges for other developed parcels, the number of equivalent service units shall be rounded to the nearest whole number.
The minimum service charge per individual timeshare owner shall be $5.00 in order to help cover processing fees.
F. The following shall be exempt from service charges:
1. Undeveloped Parcels. Undeveloped parcels shall not be charged.
2. County and Private Roads. County and private roads shall not be charged.
3. Forestland and Timberland. Forestland or timberland parcels (lands taxed as forestland under Chapter 84.33 RCW or as timberland under Chapter 84.34 RCW) shall not be charged. (Ord. 2019-053 § 1 (Exh. A § 5)).
16.30.070 Billing.
A. Property Tax Statements. Rates and charges as authorized by this article shall be added to and included in Whatcom County’s annual tax statements.
B. Payment Date. The total amount of the stormwater 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 rate and charge is paid on or before the said 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. 2019-053 § 1 (Exh. A § 6)).
16.30.080 Service charge adjustments and appeals.
A. Any person billed for service charges may file a written request for service charge adjustment with the manager within 30 days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge.
B. A request for service charge adjustment may be granted or approved by the manager only when one or more of the following conditions exist:
1. The single-family residential footprint designation (small, medium, large) is in error, based on the measured impervious footprint, as demonstrated to the satisfaction of county staff; or
2. The amount charged to other developed parcels is in error; however, no adjustment will be made unless the calculation of the impervious surface area on the parcel is shown to be in error by at least 10 percent, as demonstrated to the satisfaction of county staff; or
3. The parcel contains no impervious surfaces as defined in WCC 16.30.050(H) and no county or private roads as defined in WCC 16.30.050(C) and (L); or
4. Upon application by the owner to the manager, entire properties developed in compliance with WCC 20.51.420 as demonstrated by an approved building permit, which for single-family residences includes final inspection signoff, or for commercial structures a certificate of completion, or in the event that structures were constructed prior to adoption of WCC 20.51.420, as evidenced by a report written by a licensed civil engineer confirming the project is conforming to or exceeding WCC 20.51.420, shall be eligible for a reduction of 35 percent of the service charge established in WCC 16.30.060.
5. The parcel contains a new or remodeled commercial building that utilizes a permissive rainwater harvesting system that is properly sized to utilize the available roof surface of the building; or
a. For qualifying permissive rainwater harvesting systems as provided for under RCW 36.89.080 and eligible under subsection (B)(4) of this section the formula is expressed mathematically as follows:
A = F x 10%
Where:
A = The credit amount to be subtracted from the annual fee; and
F = The total fee without credit.
6. The parcels are determined by the manager to be contiguous. For contiguous lots to qualify for a rate adjustment, the appellant must demonstrate that parcels:
a. Are contiguous; and
b. Are owned by the same entity; and
c. Are single-family residential in use/dwelling and appurtenant accessory structures.
Lots determined to be contiguous by the manager will be considered as a single lot for the purposes of fee calculations.
Fees will be recalculated to reflect any such change from the date of the change and applied to the individual parcels pursuant to the rate schedule in effect at the time of the change.
C. Service charge adjustments will only apply to the bill then due and payable and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted. Adjustments shall not be made retroactively.
D. Decisions on service charge adjustment requests shall be made by the manager based on information submitted by the applicant and by the county within 60 days of receipt by public works of the written adjustment request, except when additional information is needed. The applicant shall be notified in writing of the manager’s decision.
E. Decisions of the manager on requests for service charge adjustments shall be final unless appealed within 30 days of the date of the decision. The Whatcom County hearing examiner shall review appeals considering the requirement and the intent of this article and any other relevant facts that further the intent of this article. (Ord. 2019-053 § 1 (Exh. A § 7)).
16.30.090 Exemption.
Property that is owned by, and is the personal residence of, a person or persons approved by the county assessor for a senior citizen or disabled persons property tax exemption under RCW 84.36.381 shall be exempt from the service charge. (Ord. 2019-053 § 1 (Exh. A § 8)).
16.30.100 Use of funds.
Service charges collected under this article 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 stormwater control facilities, all or any part of the cost and expense of administering, planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the program and facilities of the Lake Whatcom stormwater utility. (Ord. 2019-053 § 1 (Exh. A § 9)).
16.30.110 Lien for delinquent charges.
A. Liens. Pursuant to RCW 36.94.150, Whatcom County shall have a lien for delinquent service charges, including interest thereon, against any property against which they were levied, which 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 as provided in RCW 36.94.150. Therefore, the county may commence to foreclose such liens 60 days after the attachment of the lien.
B. Interest. Delinquent service charges shall bear interest as provided in RCW 36.94.150 at the rate of eight 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.
C. Penalties. Penalties of not more than 10 percent of the amount due may be imposed in case of failure to pay the charges at times fixed by resolution, as provided in RCW 36.94.150. (Ord. 2019-053 § 1 (Exh. A § 10)).
16.30.120 Capital facilities charge.*
The county council shall establish from time to time, by ordinance, the unit rate per ESU for a one-time, capital facilities charge (CFC) applicable to:
A. Single-Family Residential Parcels. New single-family dwelling units shall pay a CFC equal to one ESU. The CFC fee is required at the time of approved project permit authorizing construction.
B. Other Developed Parcels. New or additional ESUs shall pay the CFC rate times the number of ESUs. The CFC fee is required at the time of the approved project permit authorizing construction. No CFC is required for redevelopment or expansion if the total of new and replaced impervious surface does not cause the existing number of ESUs to increase, or if the entire project is replaced or redeveloped existing impervious surface. (Ord. 2020-052 § 1 Exh. A; Ord. 2020-001; Ord. 2019-053 § 1 (Exh. A § 11)).
*Code reviser’s note: Ord. 2020-001 provides that collection of the capital facility charge established under Ord. 2019-053 shall prospectively begin on January 1, 2021.
16.30.130 Future fee adjustments.
County council will review fee levels at least every five years to align fee revenue with prevailing needs. (Ord. 2019-053 § 1 (Exh. A § 12)).
16.30.140 Severability.
If any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid. (Ord. 2019-053 § 1 (Exh. A § 13)).