Chapter 11.01
STORM AND SURFACE WATER UTILITY
Sections:
11.01.050 Storm and surface water fund established.
11.01.070 Liability disclaimer.
11.01.090 Service charge system established--Service charges imposed.
11.01.100 Storm and surface water drainage service charges.
11.01.110 Storm and surface water service charges.
11.01.120 Rate adjustments and appeals.
11.01.130 Billing and collection.
11.01.150 Capital facilities charges.
11.01.010 Title.
This title shall be known as the Storm and Surface Water Utility Code and the Woodway storm and surface water utility shall be referred to as the "utility" throughout this chapter. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.020 Intent.
A. Public Health, Safety and Welfare. Establishment of this utility is necessary in order to promote public health, safety and welfare by implementing a management approach to surface and stormwater issues. This management approach includes the following elements: planning, land use regulation, construction of facilities, maintenance, and provision of storm and surface water management services.
B. Rates and Charges. This code establishes rates and charges, which shall be uniform for the same class of customer and service, and establishes methods of development and construction. The purpose of the rates and charges established herein is to provide a method for payment of all or any part of the cost and expense of storm and surface water management services and to secure financing for such services. Imposition of these rates and charges is also necessary in order to promote public health, safety and welfare by minimizing uncontrolled surface and stormwater, erosion and water pollution; to preserve and enhance the many values of the Town’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, and to provide for the management and administration of storm and surface water. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.030 Authority.
This code constitutes an exercise of the police power of the Town to promote public health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.040 Definitions.
For purposes of this chapter, the definitions in the State of Washington Department of Ecology’s "Stormwater Management Manual for the Puget Sound Basin" (the technical manual, 2005 Edition) and all amendments and additions thereto, are adopted by this reference except as stated below. Words used in the singular include the plural, and words used in the plural include the singular. Words used in the masculine gender include the feminine, and words used in the feminine gender include the masculine. Unless otherwise defined herein, the definitions in Chapter 11.02 shall apply.
A. "Capital facilities charge" means the fee applied to properties at the time of development enabling the Town to recover the prior public investment in infrastructure capacity installed to accommodate additional storm and surface water runoff generated by future development.
B. "Developed parcel" means any parcel or parcels of property altered from the natural state by the construction, creation, or addition of impervious surfaces.
C. "Director" means the Mayor or their designee.
D. "Drainage basin" means the geographic region within which water drains into a particular aquatic system or other body of water.
E. "Drainage facility" means the system of collecting, conveying, and storing storm and surface water runoff. Drainage facilities shall include, but not be limited to, all storm and surface water conveyance and containment facilities including streams, pipelines, channels, ditches, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and constructed.
F. "Impervious surface" means a surface that greatly reduces or stops the transmission of water, including, but not limited to, asphalt and Portland cement paving, paving blocks, compacted soils and gravel for parking areas, rooftops, or any manmade material that impedes the flow of water and is permanently fixed to the ground. Lattice work paving systems that have a portion of their areas open to the subgrade shall not be considered impervious as to the portion that is open.
G. "Maintenance" means the act or process of cleaning, repairing or preserving a system, unit, facility, structure or equipment.
H. "Natural surface water drainage system" means such landscape features as streams, swales, lakes and wetlands.
I. "Parcel" means the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area that is documented for property tax purposes and given a tax lot number by the Snohomish County Assessor.
J. "Person" means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the State or local government unit, however designated.
K. "Property owner of record" means a person or persons shown in the records of the County Assessor to be the owner of property.
L. "Rate category" means the classification in this chapter given to a parcel in the service area based on the land use designation of the parcel.
M. "Rates" means the dollar amount charged per developed parcel.
N. "Service charges" means charges to property owners for storm and surface water management services.
O. "Storm and surface water management services" means the services provided by the utility, including, but not limited to, planning, facility design and construction, facilities maintenance, regulation, financial administration, and public involvement.
P. "Storm and surface water" means the water originating from rainfall and other precipitation that is found on the ground surface and in drainage facilities, streams, springs, seeps, ponds and wetlands.
Q. "Storm and surface water management system" means constructed drainage facilities and any natural surface water drainage features that collect, store, control, treat and/or convey storm and surface water runoff.
R. "Storm and surface water program" means a plan and all implementing regulations and procedures including, but not limited to, capital projects, land use management regulations, and any other measures adopted by the Town for managing storm and surface water management facilities and features within the Town.
S. "Undeveloped parcel" means any parcel that has not been altered by construction, and/or creation or addition of impervious surface(s), and is not otherwise considered a developed parcel.
T. "Undeveloped vegetated area" means an area of primarily native vegetation that is unaltered by construction or other land alteration activity. (Ord. 24-654 § 3 (Exh. C), 2024; Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 11-527 § 1, 2011; Ord. 07-477 (part), 2007)
11.01.050 Storm and surface water fund established.
The storm and surface water management fund is created. All service charges shall be deposited in this fund, to be used only for the purpose of paying all or any part of the cost and expense of providing storm and surface water management services, or to pay or secure the payment of all or any portion of any financing for such purpose. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 11-527 § 2, 2011: Ord. 07-477 (part), 2007)
11.01.060 Administration.
The utility herein created shall be administered and enforced by the Director. The Director is authorized to specify such storm and surface water facility operation, maintenance and performance standards as necessary to implement the requirements of this code and carry out the duties of the Director. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.070 Liability disclaimer.
A. Floods from stormwater runoff that exceed the capacity of drainage facilities constructed and maintained by funds made available under this chapter may occasionally occur. The Town’s adoption of this code does not imply that property liable for the service charges shall always be free from flooding. Further, this code does not purport to reduce the need or the necessity for any property owner to obtain flood insurance.
B. This chapter shall be administered and enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
C. No provision of or any term used in this chapter is intended to impose any duty upon the Town or any of its officers or employees which would subject them to damages in a civil action. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.080 Investigations.
Upon presentation of proper credentials, the Director may, with the consent of the owner or occupier of the premises or property, or pursuant to a lawfully issued warrant, enter at reasonable times any property or premises subject to the consent or warrant, in order to implement this code. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.090 Service charge system established--Service charges imposed.
A. Effective July 1, 2007, the Town shall impose on all developed parcels located within the Town limits a storm and surface water service charge.
B. A system and structure of storm and surface water service charges is established in accordance with the provisions of this chapter.
C. The Town and other jurisdictions may enter into interlocal agreements allowing the other jurisdictions to provide billing and other management services. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.100 Storm and surface water drainage service charges.
A. Developed Parcels. Developed parcels contribute to an increase in runoff to the storm and surface water management system. This increase in runoff results in the need to establish rates and charges to finance the Town’s activities in storm and surface water management.
B. Undeveloped Parcels. Undeveloped parcels are to be exempt from the storm and surface water utility service charges. Upon issuance of a building permit, the full service charge for that property shall begin to be collected in accordance with this chapter and a capital facilities charge in accordance with Section 11.01.150 shall also be collected.
C. Exemptions.
1. No Benefit/No Burden. Parcels receiving no benefit from or placing no burden on the storm and surface water management system or programs are exempt from storm and surface water service charges.
2. Private Systems. Properties with private stormwater management systems may be eligible for a reduction in the stormwater service charge by the amount of the charge attributable in excess of the base fee. To realize this rate reduction, the property owner must be able to demonstrate, to the satisfaction of the Director through certification by a licensed engineer experienced in stormwater management, that sixty-five percent of the developed parcel is retained in an undeveloped vegetated area and the site stormwater management system achieves a runoff rate less than or equal to that which would be achieved by a maximum of ten percent impervious surface coverage on the developed parcel; provided, that all life, safety, health and environmental considerations (including but not limited to aquifer recharge areas and bluff protection areas) are met. The property owner shall reimburse the Town for all costs incurred in performing the evaluation of the engineering certification provided by the property owner.
3. Road System. All Town public roads and rights-of-way are exempt from storm and surface water service fees. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.110 Storm and surface water service charges.
A. Utility Service Charges. The storm and surface water utility service charges shall be as set forth in the Town’s fee schedule authorized by Section 3.32.010, as now or hereafter amended. The service charges established in the Town’s fee schedule shall increase annually by the June-to-June CPI-U for Seattle-Tacoma-Bellevue, with a minimum increase of three percent, rounded up to the nearest whole number.
B. Town Reserves the Right to Make Changes. The Town Council recognizes that future state and/or federal stormwater requirements, as well as increased costs in identified projects or additional costs of new projects, may require additional adjustments to the service charge structure and/or service charges. Because not all needs or requirements of the utility are foreseeable, the Council retains the ability and authority to modify service charges and the service charge structure as needed. (Ord. 24-654 § 1 (Exh. A), 2024; Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.120 Rate adjustments and appeals.
A. Any person billed for service charges may file a "request for rate adjustment" with the utility within two years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.
B. Requests for rate adjustment may be granted or approved by the Director only when the following conditions exist:
1. The parcel is owned by, as determined by the County Assessor, the person requesting the rate adjustment; and
2. The service charge is determined by the Director to be in error; or
3. The service charge was otherwise not calculated in accordance with the terms of this chapter.
C. The property owner shall have the burden of proving that the rate adjustment sought should be granted.
D. Decisions on requests for rate adjustments shall be made by the Director based on information submitted by the applicant within thirty days of the adjustment request except when additional information is needed. The applicant shall be notified in writing of the Director’s decision. If an adjustment is granted that reduces the charge for the current year or two prior years, the applicant shall be credited the amount overpaid in the current and two prior years.
E. If the Director finds that a parcel has been undercharged, then either an amended bill shall be issued that reflects the increase in the service charge or the undercharged amount shall be added to the next bill. This amended bill shall be due and payable in accordance with a payment schedule approved by the Director. The Director may include in the bill the amount undercharged for two previous billing years in addition to the current bill.
F. Decisions of the Director on requests for rate adjustments shall be final unless, within thirty days of the date the decision was mailed, the applicant files an action in the Snohomish County Superior Court. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)
11.01.130 Billing and collection.
The Town may administer the billing and collection services required to implement this chapter, it may contract for such services or it may enter into interlocal agreements with other governments for this purpose. All billing and collection services shall be implemented as follows:
A. All property subject to service charges shall be billed semiannually for the previous six-month period based upon the applicable property rate category.
B. Adjustments to the annual service charge may be made when property is annexed into the Town. The service charge for the billing year during which annexation occurs shall be subject to a proration formula that may be included in an interlocal agreement between the Town and Snohomish County.
C. All semiannual utility bills shall be paid on or before the last day of the month in which the bill is issued. In the event any semiannual utility payment is not received by close of business on the fifth day of the month after the bill is due and the account becomes delinquent, a penalty of five dollars per month shall be added to any outstanding balance until the bill is paid in full.
D. All final prorated stormwater utility bills shall be due thirty days after the issuance date. In the event any final utility payment is not received by close of business on the thirty-fifth calendar day after issuance and the account becomes delinquent, a penalty of five dollars per month shall be added to any outstanding balance until the bill is paid in full.
E. The Mayor or Mayor’s designee may waive one late fee per twelve-month period if the waiver is requested in writing by the account holder, provided the account holder has not had a late fee waived during the previous twelve months. Fees waived in accordance with this subsection and Section 3.32.020(G) count toward the one allowable waiver per twelve-month period.
F. The Mayor or Mayor’s designee may waive late fees and interest charges for unpaid fee balances of one dollar or less. (Ord. 22-637 § 1, 2022; Ord. 19-602 § 1, 2019: Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 10-519 § 1, 2010; Ord. 08-490 § 1, 2008; Ord. 07-477 (part), 2007)
11.01.140 Liens.
Nothing contained in this chapter shall be construed as a waiver of liens, and the Town shall have all rights to liens as provided in Chapter 35.67 RCW, as the same exists or may hereafter be amended, or any other rights to enforce the collection of storm and surface water service charges as may from time to time be provided in State law. Liens for storm and surface water service charges shall be effective for a total not to exceed one year’s delinquent charges without the necessity of any writing or recording of the lien with the County Auditor. The lien shall have superiority as established by RCW 35.67.290. There shall be added to the delinquent amounts and interest all costs and expenses incurred by the Town in compelling payment of the same. (Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 11-526 § 1, 2011: Ord. 07-477 (part), 2007)
11.01.150 Capital facilities charges.
A. The purpose of this section is to establish storm and surface water capital facilities charges for all development activity. The capital facilities charge is established to recover the fair share of the prior public investment in infrastructure capacity installed to accommodate the additional storm and surface water runoff generated with construction of new development. The storm and surface water utility capital facilities charges shall be as set forth in the Town’s fee schedule authorized by Section 3.32.010, as now or hereafter amended.
B. At the time of building permit issuance, a capital facilities charge will be collected and the service charge for that parcel shall begin to be collected in accordance with the Town storm and surface water service charge structure. (Ord. 24-654 § 2 (Exh. B), 2024; Ord. 17-578 § 1 (Exh. D (part)), 2017: Ord. 07-477 (part), 2007)