Chapter 13.125
STORM DRAINAGE UTILITY*
Sections:
13.125.005 Creation of storm drainage utility.
13.125.010 Definitions.
13.125.020 Rate policy.
13.125.030 Classification of property.
13.125.040 Undeveloped real property.
13.125.050 Property exempt from service charges.
13.125.060 System development charge.
* Prior ordinance history: Ords. 95-769, 99-017 and 99-025.
13.125.005 Creation of storm drainage utility.
There was created and established a storm and surface water utility of the city under Ordinance No. 467 for the purpose of administering the city’s storm and surface water public utility and is known as the “City of Battle Ground, Washington, Storm Drainage Utility” (the “utility”). The storm drainage utility shall continue as originally created. (Ord. 00-028 § 8 (part), 2000)
13.125.010 Definitions.
The following words when used in this chapter on storm drainage shall have the following meanings, unless the context clearly indicates otherwise:
“Equivalent residential unit” for the drainage utility is a measure equal to three thousand square feet of impervious groundcover or a portion thereof, and is the measure of impervious groundcover to be used by the utility in assessing service charges and system development charges against each parcel of property.
“Undeveloped” means that condition of real property unaltered by the construction or addition to such property by man of impervious groundcover or physical manmade improvements of any kind which change the hydrology of the property from its natural state.
“Utility” means the city of Battle Ground, Washington, storm drainage utility created by Ordinance No. 467 of the city, passed on November 1, 1982. (Ord. 00-028 § 8 (part), 2000)
13.125.020 Rate policy.
It shall be the policy of the city that the rate structure to be applied in establishing the amount of service charges and system development charges assessed against each parcel of developed real property within the boundaries of the utility shall be based upon the amount of impervious groundcover contained within each parcel of property as measured by BGMC 13.125.030, except for those properties set forth in BGMC 13.125.050. (Ord. 00-028 § 8 (part), 2000)
13.125.030 Classification of property.
The utility shall measure the impervious groundcover of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent residential units contained therein; three thousand square feet of impervious groundcover shall equal one equivalent residential unit. All detached single-family residences and mobile homes are deemed to contain one equivalent residential unit. For all other developed real properties within the utility boundaries, the utility shall determine the number of equivalent residential units contained thereon by dividing the number of square feet of impervious groundcover on each property by three thousand, the total thus obtained will be rounded up to the nearest whole number representing the equivalent residential units contained on such property. Each developed parcel of property shall be deemed to contain a minimum of one equivalent residential unit. (Ord. 00-028 § 8 (part), 2000)
13.125.040 Undeveloped real property.
In accordance with the policy established in BGMC 13.125.020 that the service charges be determined by the mount of impervious groundcover contained on each parcel of real property, those properties remaining in an undeveloped condition are deemed not to make use of the services of the utility or of the facilities of the system beyond that uses by such property in the natural state. Therefore, no service charge shall be imposed upon that real property within the boundaries of the utility which is undeveloped. (Ord. 00-028 § 8 (part), 2000)
13.125.050 Property exempt from service charges.
The following special categories of property are exempt from service charges and system development charges:
A. City street rights-of-way, all of which are a part of the system pursuant to the plan;
B. State of Washington highway rights-of-way, so long as the state of Washington agrees to maintain, construct and improve all drainage facilities contained within such rights-of-way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the city;
C. All railroad rights-of-way so long as each railroad exempted hereby agrees to maintain, construct and improve all drainage facilities as required by the utility and in conformance with all utility standards for the maintenance, construction and improvements of such facilities hereafter established by the utility, at no cost to the utility or to the city, and so long as each railroad grants to the city, on behalf of the utility, a perpetual easement for the purposes of storm drainage over the entire railroad right-of-way within the boundaries of the utility. (Ord. 00-028 § 8 (part), 2000)
13.125.060 System development charge.
A. A system development charge shall be levied against and shall be collected from the owners of each parcel of real property or portion thereof which is changed from an undeveloped to a developed state subsequent to the effective date of the ordinance codified in this chapter. Such system development charge shall be levied for the purposes of assessing against such previously undeveloped property or portion of real property, at the time such property or portion becomes joined to and commences to use the facilities of the system, a proportionate share of the utility’s capital cost attributable to each subsequently developed portion of property in order that such portion may bear its fair share of the cost of the utility.
B. The system development charge shall be levied in an amount determined by multiplying the base charge as established from time to time by resolution of the city council by the total number of equivalent residential units contained on that property or portion of property being altered from an undeveloped to a developed condition, which number shall not be less than one and shall be determined by the utility at the time in which application for a building or construction permit is made by the owner of the property or its agent. The system development charge shall be assessed and must be paid before a building or construction permit may be issued by the city. (Ord. 00-028 § 8 (part), 2000)