Chapter 7.50
STORMWATER MANAGEMENT UTILITY

Sections:

7.50.010    Stormwater management utility created – Responsibilities.

7.50.020    Administrator of utility.

7.50.030    System or plan of stormwater management utility.

7.50.040    Transfer of property to stormwater management utility.

7.50.050    Rates and charges.

7.50.060    Administrative rate adjustment.

7.50.070    Stormwater management system development charge.

7.50.010 Stormwater management utility created – Responsibilities.

There is hereby created and established, pursuant to Chapters 35A.80 and 35.67 RCW, a storm and surface water utility to be known as the “Edmonds Stormwater Management Utility.” All references to “the utility” in this chapter refer to the Edmonds stormwater management utility. The utility will have primary authority and responsibility for carrying out the city’s comprehensive drainage and storm sewer plan, including responsibilities for planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities, as well as establishing standards for design, construction, and maintenance of improvements on private property where these may affect storm and surface water management.

7.50.020 Administrator of utility.

The director of community services shall be ex officio administrator of the utility.

7.50.030 System or plan of stormwater management utility.

There is hereby specified and adopted the original system or plan of the stormwater management utility, which shall include all properties, interests, and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewage, further including, without limitation, all properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm or surface waters, or both, through, under, or over lands, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning in each instance at a point where storm or surface waters first enter the storm and surface water system of the city and ending in each instance at a point where the storm or surface waters exit from the storm and surface water system of the city, and in width to the full extent of inundation caused by storm or flood conditions.

7.50.040 Transfer of property to stormwater management utility.

The city council expressly finds the value of the above-described original system or plan of storm drainage and surface water facilities, together with funds currently held in the water and sewer fund in the amount of $690,000, is equal to the value of release from primary responsibility therefor insofar as it relates to or concerns storm or surface waters within the city. Accordingly, all of the city’s above-mentioned facilities, including the rights and interests as a part thereof as they relate to or concern storm or surface waters, and the funds in the amount of $690,000 are, for purposes of RCW 43.09.210, hereby transferred to and subject to the administration of the city’s stormwater management utility created by this chapter, and all other institutions and departments of the city having primary responsibility therefor within the city are, to the same extent, released from such primary responsibility. Inasmuch as the city now owns all of those facilities, including the rights and interests as a part thereof and the original system or plan set forth in ECC 7.50.030, there is no estimated cost thereof.

7.50.050 Rates and charges.

A. The following rates shall be charged on all billings with respect to the following customers and/or service:

Single-family residential and multifamily residential (bimonthly billing cycle)	$16.62
Single-family residential and multifamily residential (monthly)	$8.31
All other residential customers per ESU (monthly billing cycle)	$8.31

B. An ESU is hereby defined to be the impervious surface area estimated to contribute an amount of runoff which is approximately equal to that created by an average single-family residential parcel. A single-family residential parcel is one ESU. For all other parcels, one ESU is equivalent to 3,000 square feet of impervious surface area. [Ord. 3744 § 1, 2009; Ord. 3570 § 1, 2005; Ord. 3538 § 1, 2005; Ord. 3400 § 3, 2002; Ord. 3195 § 2, 1998].

7.50.060 Administrative rate adjustment.

The city’s public works director is hereby authorized to make adjustments to the city’s stormwater utility rates as provided in this chapter in an amount up to 50 percent of the rate set in the preceding section in accordance with the following provisions:

A. Upon written application to the public works director, a customer may request review of the city’s stormwater management utility fee as applied to the specific developed property to which the fee has been charged. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property.

B. On his own motion, the public works director may initiate review of a stormwater utility charge to any parcel.

C. The public works director shall have the authority to increase or decrease rates up to 50 percent of the level set by the city council. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners, or lack thereof, have significantly increased the burden which the property places upon the city’s stormwater utility (in the event of an increase) or significantly decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the average property places upon the utility through on-site improvements including but not limited to on-site pollution control mechanisms or technologies which relate to water quality and the property’s impact upon the city’s stormwater management system. Factors personal to the property owner, such as ability to pay, shall not be considered.

D. The decision of the public works director shall be in writing. It may be appealed to the Edmonds city council for review. In that review process the determination of the director shall be given substantial weight and an applicant for decrease shall have the burden of proof. In the event the director has recommended an increase, the city staff shall have the burden of proof in the process. The decision of the Edmonds city council shall be final and shall not be appealable. The city council may either increase or decrease the rates within 50 percent of that set or may elect, in its sole discretion, to apply the rate as established by ordinance if the city council determined that such property does not differ substantially from other similarly situated ratepayers and their properties. [Ord. 3264 § 1, 1999].

7.50.070 Stormwater management system development charge.

In addition to any other charge prescribed by this chapter, a stormwater management system development charge shall be paid prior to the issuance of any building permit or development permit issued under the Edmonds Community Development Code (“permit”) by the owner of any property, residential dwelling unit, or other structure that may hereafter be constructed in the city which benefits from the stormwater utility system constructed by the city. The stormwater management system development charge shall be equal to $428.00 per equivalent service unit (ESU) added to or created by the permit. ESU is defined in ECC 7.50.040(D). [Ord. 3450 § 1, 2003].