Chapter 16
UTILITIES

Articles:

I. In General

II. Electric

III. Storm and Surface Water Utility

Article I.
IN GENERAL

Sections:

16-1 – 16-25 Reserved.

16-1 – 16-25 Reserved.

Article II.
ELECTRIC

Sections:

Division 1. Generally

16-26 – 16-35 Reserved.

Division 2. Installation

16-36 Scope and exceptions.

16-37 Enforcement officer.

16-38 Criminal enforcement.

16-39 Civil enforcement.

16-40 Reserved.

16-41 Cost.

16-42 Underground permits.

16-43 Aerial permits.

16-44 Variance procedures.

16-45 Joint trenches.

16-46 Underground requirements – New facilities.

16-47 Rebuilds, replacements and additions.

16-48 Service connections.

16-49 Street lighting.

16-50 Proposed rights-of-way.

16-51 Connections and disconnections of affected service.

16-52 Site screening.

16-53 As built.

16-54 Design standards.

16-55 – 16-75 Reserved.

Division 1. Generally

16-26 – 16-35 Reserved.

Division 2. Installation

16-36 Scope and exceptions.

(a) It is found and determined by the city that the general public necessity, convenience, health, safety and welfare require that electrical or communication facilities be constructed underground in an orderly manner in accordance with the requirements specified in this division.

(b) This division shall apply to anyone who owns electric facilities or communication facilities, including but not limited to telephone and cable television facilities, within the corporate city limits; provided, however, the following facilities are excepted from the undergrounding requirements of this division:

(1) Electric utility substations, pad mounted transformers and switching facilities not located on the public right-of-way where site screening is or will be provided in accordance with FWCC 16-54(c)(2).

(2) Electric transmission systems of a voltage of 115 kv or more (including poles and wires) and equivalent communications facilities.

(3) Ornamental street lighting standards, as defined by the public works director.

(4) Telephone pedestals and other equivalent communication facilities.

(5) Police and fire sirens, or any similar municipal equipment, including traffic control equipment.

(6) Temporary services for construction.

(7) Secondary wiring for street lighting.

(8) Cable television cables to the extent that such cables are to be hung on existing utility poles in areas of the city where electrical facilities under 115 kv or other distribution facilities are primarily overhead. (Ord. No. 91-90, § 1, 3-19-91)

16-37 Enforcement officer.

The public works department director or designee shall be responsible for the enforcement of the provisions of this division. (Ord. No. 91-90, § 9, 3-19-91; Ord. No. 99-342, § 10, 5-4-99)

16-38 Criminal enforcement.

Any person convicted of violating any provision of this division shall be punished by a fine of not more than $5,000 or imprisonment for not more than six months, or both, by such fine and imprisonment for each day or part of a day during which the unlawful act or violation occurs. The property owner or other person may also be ordered to discontinue the unlawful act or correct the violation. Criminal enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, civil enforcement as specified herein or Chapter 1 FWCC, Article III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this division. (Ord. No. 91-90, § 8, 3-19-91; Ord. No. 99-342, § 10, 5-4-99)

16-39 Civil enforcement.

Civil enforcement of the provisions of this division shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein and in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this division. (Ord. No. 91-90, § 8, 3-19-91; Ord. No. 99-342, § 10, 5-4-99)

16-40 Reserved.

Editor’s note – Ord. No. 99-342, § 10, adopted May 4, 1999, repealed FWCC 16-40 in its entirety. Former FWCC 16-40 pertained to other legal remedies and derived from Ord. No. 91-90, § 8, adopted 3-19-91.

16-41 Cost.

(a) The cost of constructing new facilities underground or relocating existing aerial facilities underground shall be borne by the serving utilities, the owners of the real property to be served, or others in accordance with the applicable filed tariffs, or the rules and regulations, or the published policies of the respective utilities furnishing such service, or as may be contractually agreed upon between the utility and such owner or applicant.

(b) In the absence of filed tariffs, rules or regulations, published policies, or contractual agreement, the cost of constructing new facilities underground or relocating existing aerial facilities underground may be financed by any method authorized by state law. (Ord. No. 91-90, § 2, 3-19-91)

16-42 Underground permits.

Unless as otherwise provided in any existing franchise, a permit for underground construction shall be obtained from the city public works department or designee prior to construction of facilities in the public right-of-way. An appropriate fee shall be charged for this permit, as per schedule on file with the city public works department. (Ord. No. 91-90, § 4(A), 3-19-91)

16-43 Aerial permits.

Unless as otherwise provided in any existing franchise, where pole line installations are permitted under the variance procedures of FWCC 16-44, or minor new additions under FWCC 16-46(b) or temporary aerial facilities under FWCC 16-36(b)(6), a permit shall be obtained from the office of the city public works department prior to construction of such facilities in the public right-of-way. No fee shall be charged for this permit until an appropriate fee schedule is adopted by the city council. (Ord. No. 91-90, § 4(B), 3-19-91)

16-44 Variance procedures.

(a) All applications for variances from the foregoing underground requirements shall be processed using process I procedure as set out in FWCC 22-386 et seq., with the exception that all references to “planning department” contained within FWCC 22-386 et seq. shall be substituted with “public works department,” and all references to “planning official” in FWCC 22-386 et seq. shall be substituted with “public works director.” The criteria for granting a variance shall be as set out in subsection (b) of this section.

(b) Underground requirements shall be waived or modified by a variance only if the owner of electrical or communication facilities or the user thereof, or any other affected person can demonstrate that it would be an undue hardship to construct such facilities underground. The term “undue hardship” shall mean either:

(1) The installation would be technologically unfeasible; or

(2) The cost of the underground construction outweighs the general welfare consideration in requiring underground construction. (Ord. No. 91-90, § 6, 3-19-91)

16-45 Joint trenches.

Where several utilities are planned or required in the same corridor, every effort shall be made by the utilities to use joint trenches for such facilities. (Ord. No. 91-90, § 7, 3-19-91)

16-46 Underground requirements – New facilities.

(a) All major additions of new facilities (three or more spans and/or 500 feet or more) shall be underground.

(b) Minor additions of new facilities may be constructed aerially where existing facilities are aerial.

(c) A permit from the city public works department shall be required. (Ord. No. 91-90, § 3(A), 3-19-91; Ord. No. 97-307, § 3, 12-16-97)

16-47 Rebuilds, replacements and additions.

(a) A relocation necessitated by a public works project including, but not limited to, road realignment, widening or sewer and water main projects, a major rebuild, or replacement of existing aerial facilities (three or more spans and/or 500 feet or more) shall be underground and a permit from the city public works department shall be required; except undergrounding shall not be required in those cases where the public works director finds that undergrounding will not be in the best interest of the public.

(b) A minor rebuild, replacement or relocation of existing aerial facilities may be constructed aerially. No permit shall be required.

(c) When there is casualty damage to an overhead service system or other major service outage, the facilities may be restored aerially. No permit shall be required.

(d) An addition of three phase conductors or reconductoring which does not constitute a major rebuilding will be allowed on existing aerial facilities. No permit shall be required.

(e) The provisions of this section shall not apply when constructing single-family homes in areas zoned for single-family residences, or in other zones if 75 percent of the affected parcels within the perimeters of the specific project is made up of single-family residences. (Ord. No. 91-90, § 3(B), 3-19-91; Ord. No. 97-307, § 3, 12-16-97)

16-48 Service connections.

Service connections are facilities extending from a distribution system and terminating on private property to serve a customer or subscriber. Service connections shall be underground, unless the distribution system serving the customer or subscriber is aerial, and the building, structure or facility to be served is new construction or an addition, alteration, or repair thereto is under $20,000 in value. (Ord. No. 91-90, § 3(C), 3-19-91; Ord. No. 97-307, § 3, 12-16-97)

16-49 Street lighting.

Street lighting facilities or systems, conforming to the city public works department standards in effect, shall be installed as an integral part of all underground projects constructed after the effective date of the ordinance from which this section was derived. (Ord. No. 91-90, § 3(D), 3-19-91)

16-50 Proposed rights-of-way.

All rights-of-way proposed to be dedicated to the city or easements for public facilities shall be subject to the provisions of this division and FWCC 22-1521. In the event of conflict, the provision requiring the earliest date of undergrounding shall supersede. (Ord. No. 91-90, § 3(E), 3-19-91)

16-51 Connections and disconnections of affected service.

The owner of real property abutting an underground project shall be responsible, at his or her expense, for converting to underground service and disconnecting his or her aerial services within 90 days following notice in writing of availability of such underground service. Time in consummating such connection and disconnection is of the essence and such notice to the property owner, customer or subscriber may be mailed, postage prepaid, or delivered in person. In the event that such conversion and disconnection is not accomplished within 90 days of receipt of notice, the city may order the work done and the actual cost shall constitute a lien against the real property subject to enforcement as provided by law. (Ord. No. 91-90, § 3(F), 3-19-91)

16-52 Site screening.

Where a permit for the underground project is required by this division, plans for all above-ground installations shall be submitted to the department of community development for approval of site screening and setbacks prior to the issuance of a service permit by the city public works department. (Ord. No. 91-90, § 3(G), 3-19-91)

16-53 As built.

A drawing of a proposed underground project in a form acceptable to the city and conforming to generally accepted engineering practices shall be submitted in duplicate to the office of the city public works department within 90 days of the completion of any underground project within the city. Complete updated system drawing shall be submitted every six months. (Ord. No. 91-90, § 3(H), 3-19-91)

16-54 Design standards.

(a) All conductors, switches, transformers and regulating devices shall be installed in accordance with the applicable national, state and local safety standards. All structural devices shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code; provided, however, all underground facilities provided for in this division shall be installed in such manner as to coordinate and minimize conflicts during construction with other underground facilities, e.g., water, sewer and gas pipelines, traffic control and other signal systems. Whenever such coordination requires installation practices more restrictive or demanding than the minimum standards required by applicable national, state and local codes and safety standards, the requirements of such coordination shall be governing and controlling.

(b) All vaults, manholes, ventilation gratings, and access covers and conduit in public rights-of-way shall be strong enough to withstand 10,000-pound wheel load. The serving utility may, at its option, during construction, elect to restrict a 10,000-pound wheel load requirement while assuming the responsibility for upgrading facilities to traveled street areas beyond the original traveled street area should subsequent realignment, relocation or widening occur.

(c) Any equipment except aerial poles and wires excepted from those underground requirements or otherwise permitted to be installed above ground shall be:

(1) Placed within an enclosure or part of the building being serviced; or

(2) Suitably screened with masonry or other decorative panels and/or evergreen trees, shrubs and landscaping planted in sufficient depth and height, within a period of five years, to form an effective sight barrier. The utility shall be responsible for the installation, maintenance, repair or replacement of the aforementioned screening materials when the real property, on which the aboveground facility is located, is owned by the utility. When the aboveground facility is located on non-utility-owned real property, the owner shall bear the expense of installation, maintenance, repair or replacement of screening materials outlined hereinabove.

(d) Space frames and structural arrangements for holding equipment shall be designed to have an uncluttered and neat appearance.

(e) Streets shall be graded to subgrade prior to the installation of underground facilities. (Ord. No. 91-90, § 5, 3-19-91)

16-55 – 16-75 Reserved.

Article III.
STORM AND SURFACE WATER UTILITY

Sections:

Division 1. Generally

16-76 Definitions.

16-77 Created.

16-78 Purpose.

16-79 Applicability of charges.

16-80 Modifications.

16-81 Right of entry.

16-82 Coordination of activities.

16-83 – 16-95 Reserved.

Division 2. Policy

16-96 Purpose.

16-97 Findings.

16-98 Developed properties.

16-99 Undeveloped properties.

16-100 Stormwater control facilities.

16-101 Open space.

16-102 Residential parcels.

16-103 Very lightly developed parcels.

16-104 Lightly to very heavily developed parcels.

16-105 Road systems.

16-106 Service charge revenues.

16-107 Basin plans.

16-108 Stormwater treatment with direct discharge.

16-109 – 16-120 Reserved.

Division 3. Rates and Charges

16-121 Basis for rate structure.

16-122 Methodology for determining service charge.

16-123 Service area annual service charge.

16-124 Additional flat rate charge.

16-125 Charges for basins, subbasins.

16-126 Request for rate adjustments – Time limited.

16-127 Request for rate adjustments – Conditions for approval.

16-128 Request for rate adjustments – Burden of proof.

16-129 Request for rate adjustments – Decision by director.

16-130 Request for rate adjustments – Appeal.

16-131 Amendment of bills.

16-132 – 16-140 Reserved.

Division 4. Billing Procedure

16-141 Billing procedure.

16-142 Delinquencies and foreclosures.

16-143 Surface water management fund.

16-144 Administrative procedures.

Division 1. Generally

16-76 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basin plan shall mean the plan and all implementing regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and stormwater management facilities and features within individual drainage basins.

Developed parcel shall mean any parcel altered from the natural state by the construction, creation or addition of impervious surfaces.

Impervious surface shall mean a hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent 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 preexistent 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 surface water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of this article.

Land use code shall mean the type of development on a specific parcel of land as identified by records maintained by the city as modified or supplemented by information resulting from investigation by the surface water management division. Land use codes are preliminary indicators of the extent of impervious surface and are used in the initial analysis to assign an appropriate rate category for a specific parcel. “Service station,” “single-family home” and “shopping center” are examples of land use codes.

Maintenance shall mean the act or process of cleaning, repairing or preserving a system, unit, facility, structure or piece of equipment.

Open space shall mean any parcel, property or portion thereof classified for current use taxation under the provisions of Chapter 84.34 RCW, or for which the development rights have been sold to the county under the provisions of the King County Code chapter 26.04. This definition includes lands which have been classified as open space, agricultural or timber lands under criteria contained in Chapter 84.34 RCW.

Parcel shall mean the smallest separately segregated 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 county assessor.

Rate category shall mean the classification in this article given to a parcel in the service area based upon the type of land use on the parcel and the percentage of impervious surface area contained on the parcel.

Residence shall mean a building or structure or portion thereof, designed for and used to provide a place of abode for human beings. The term “residence” includes the term “residential” or “residential unit” as referring to the type of or intended use of a building or structure.

Residential parcel shall mean any parcel which contains no more than three residences or three residential units which are within a single structure and is used primarily for residential purposes.

Retention/detention facilities shall mean facilities designed either to hold runoff for a short period of time and then release it to the natural watercourse or to hold water for a considerable length of time and disperse it by evaporation, plant absorption or infiltration into the ground.

Service area shall mean the area described in exhibit A made a part of this article and on file in the office of the city clerk.

Stormwater control facilities shall mean any facility improvement, development, property or interest therein, made, constructed or acquired for the purpose of controlling or protecting life or property from any storm, waste, flood or surplus waters.

Surface and stormwater management system shall mean the system comprised of stormwater control facilities and any other natural features which store, control, treat and/or convey surface and stormwater.

Undeveloped parcel shall mean any parcel which has not been altered from its natural state by the construction, creation, or addition of impervious surfaces. (Ord. No. 90-32, § 1, 2-13-90)

16-77 Created.

(a) There is hereby created and established the surface water management utility of the city under which the provisions of this article shall be carried out.

(b) The utility herein created shall be administered by the public works director. (Ord. No. 90-32, § 2, 2-13-90)

16-78 Purpose.

It is the finding of the city that the surface water management utility is necessary in order to promote public health, safety and welfare by establishing and operating a comprehensive approach to surface and stormwater problems. 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 maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose. These rates and charges are necessary in order to promote the public health, safety and welfare by minimizing uncontrolled stormwater and sedimentation, to preserve and utilize the many values of the city’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, education and urban separation and drainage and erosion control facilities, and to provide for the comprehensive management and administration of surface and stormwater. (Ord. No. 90-32, § 3, 2-13-90)

16-79 Applicability of charges.

Developed parcels within the service area shall be billed each year for stormwater control facilities service charges. (Ord. No. 90-32, § 4(A), 2-13-90)

16-80 Modifications.

The service area may be modified in accordance with policies contained in this article. Modifications to the service area shall be by ordinance. (Ord. No. 90-32, § 4(B), 2-13-90)

16-81 Right of entry.

Whenever necessary to examine the property characteristics of a particular parcel for the determination of rates and charges, the public works director may enter any property or portion thereof at reasonable times in compliance with the following procedures:

(1) If such property or portion thereof is occupied, the public works director shall present identification credentials, state the reason for entry and request entry.

(2) If such property or portion thereof is unoccupied, the public works director shall first make a reasonable effort to locate the owner or other person having charge or control of the property or portion thereof and request entry.

(3) Unless entry is consented to by the owner or person in control of any property or portion thereof, the city, prior to entry, shall obtain a search warrant as authorized by the laws of the state. (Ord. No. 90-32, § 2(C), 2-13-90)

16-82 Coordination of activities.

The utility may coordinate activities related to surface water management, including but not limited to basin planning, maintenance, operation and construction of facilities, water quality control, contracting for services with interested municipalities or special districts including but not limited to sewer and water districts, school districts, port districts or other governmental agencies. (Ord. No. 90-32, § 2, 2-13-90)

16-83 – 16-95 Reserved.

Division 2. Policy

16-96 Purpose.

In order to achieve a comprehensive approach to surface water management, the city and county should coordinate in the planning, project construction, facility maintenance and regulation of private and public developments. In addition, the utility should coordinate activities related to surface water management, including but not limited to basin planning, maintenance, operation, and construction of facilities and water quality control. (Ord. No. 90-32, § 5(A), 2-13-90)

16-97 Findings.

It is the finding of the city that many of the difficulties found in the management of surface water problems are contributed to by the general lack of public knowledge about the relationship between human actions and land use changes and surface water management. In order to achieve a comprehensive approach to surface water management the city should provide general information to the public about the use of land and human activities which impact surface water management. It is the finding of the city that public school districts can provide significant benefits to the city regarding surface water management through educational programs which provide students an appreciation for human activities and land use practices that create surface water problems and involve students by learning from first hand exposure, the difficulties of curing surface water management problems after they occur, through community activities related to stream restoration and enhancements. (Ord. No. 90-32, § 5(B), 2-13-90)

16-98 Developed properties.

It is the finding of the city that developed properties contribute to an increase in surface and stormwater runoff to the surface and stormwater management system. This increase in surface and stormwater runoff results in the need to establish rates and charges to finance the city’s activities in stormwater and surface water management. Developed properties shall be subject to the rates and charges of the surface water management utility based on their contribution to increased runoff. The factors to be used to determine the degree of increased surface and stormwater runoff to the surface and stormwater management system from a particular parcel shall be the percentage of impervious surface coverage on the property and the total acreage of the parcel. (Ord. No. 90-32, § 5(C), 2-13-90)

16-99 Undeveloped properties.

It is the finding of the city that undeveloped parcels do not contribute to an increase in surface and stormwater runoff to the surface and stormwater management system. Undeveloped properties shall be exempt from the rates and charges of the surface water management utility. (Ord. No. 90-32, § 5(D), 2-13-90)

16-100 Stormwater control facilities.

It is the finding of the city that maintained stormwater control facilities mitigate the increased runoff contribution of developed parcels by providing on-site drainage control. Parcels served by retention/detention stormwater control facilities which were:

(1) Required for development of the parcel pursuant to this article and approved by the city; or

(2) Can be demonstrated by the property owner to provide detention/retention of stormwater to the standards set for in FWCC 21-26 et seq.;

shall receive a discount as provided in the rates and charges of the surface water management utility; provided, that, the facility is maintained at the parcel owner’s expense to the standard established by the city. Properties which contain a stream, creek, lake, pond or wetland that has been identified in an adopted basin plan as an important stormwater control facility and remain under the control and ownership of the parcel owner shall receive a discount from the rates and charges of the utility; provided, that the facility is maintained at the parcel owner’s expense to the standard required by the department of public works. (Ord. No. 90-32, § 5(E), 2-13-90)

16-101 Open space.

It is a finding of the city that open space properties provide a benefit to the surface and stormwater management system by the retention of property in an undeveloped state. Open space properties shall receive a discount from the rates and charges to encourage the retention of property in the undeveloped state. (Ord. No. 90-32, § 5(F), 2-13-90)

16-102 Residential parcels.

It is a finding of the city that the majority of the parcels in the service area are residential. The variance between residential parcels in parcel size and percentage of impervious surface coverage is found to be minor and to reflect only minor differences in increased runoff contributions. The administrative cost of calculating the service charge individually for each residential parcel and maintaining accurate information would be very high. A flat charge for residential parcels is less costly to administer than calculating a separate charge for each parcel and is equitable because of the similarities in total parcel size and total impervious surface coverage between residential parcels. Therefore, residential parcels shall be charged a flat charge based upon the average parcel size and average percentage of impervious surfaces. (Ord. No. 90-32, § 5(G), 2-13-90)

16-103 Very lightly developed parcels.

It is a finding of the city that very lightly developed nonresidential parcels which have an impervious surface coverage under 10 percent of the total parcel acreage are characterized by a very low intensity of development and generally a large number of acres. A greater number of acres of undeveloped land associated with an impervious surface results in significantly less impact to the surface and stormwater management system. (Ord. No. 90-32, § 5(H), 2-13-90)

16-104 Lightly to very heavily developed parcels.

It is the finding of the city that light to very heavily developed nonresidential parcels which have an impervious surface coverage between 10 percent and 100 percent have a substantial impact on the surface and stormwater management system. The impact of these parcels to the surface and stormwater management system increases with the size of the parcels. Therefore, light to very heavily developed properties shall be charged a rate determined by the percent of impervious surface coverage multiplied by the parcel acreage. (Ord. No. 90-32, § 5(I), 2-13-90)

16-105 Road systems.

It is a finding of the city that city, county and state roads contribute a significant amount of increased runoff to the surface and stormwater management system, which contributes to the need for basin planning, storm drainage control facilities and other related services. However, the city and county roads and state highway programs provide substantial annual programs for the construction and maintenance of storm drainage control facilities, and the roads systems and their associated storm drainage facilities serve as an integral part of the surface and stormwater management system. The rate charged city and county roads and state highways shall reflect the benefit which city and county roads and state highway facilities provide to the surface and stormwater management system and therefore will exclude any system costs associated with capital improvements and on-site retention/detention facility maintenance. The percentage of impervious surface coverage for city and county roads and state highways shall be calculated by dividing average width of roadway and shoulder by the average width of the right-of-way. The service charge shall be determined by multiplying the acres of road and highway right-of-way within the service area times the rate per acre identified in FWCC 16-121 through 16-125. (Ord. No. 90-32, § 5(J), 2-13-90)

16-106 Service charge revenues.

It is the finding of the city that comprehensive management of surface and stormwater runoff must include anticipation of future growth and development in the design and improvement of the surface and stormwater management system. Service charge revenue needs shall be based upon the present and future requirements of the surface and stormwater management system, and these needs shall be considered when determining the rates and charges of the utility. (Ord. No. 90-32, § 5(K), 2-13-90)

16-107 Basin plans.

It is the finding of the city that basin plans are essential to establishing a comprehensive approach to a capital improvement program, maintenance of facilities and regulation of new developments. A plan should analyze the measures needed to control surface and stormwater runoff which results from existing and anticipated development within the basin. The measures investigated to control runoff should include land use regulation such as setback requirements which revise land use densities as well as the use of drainage control facilities. A plan also should recommend the quantity and water quality runoff control measures required to further the purposes set forth in this article, and community goals. The institutional requirements, regulations including but not limited to land use management, funding needs, and incentives for preserving streams, lakes and wetlands for plan implementation should be identified in the plan. (Ord. No. 90-32, § 5(L), 2-13-90)

16-108 Stormwater treatment with direct discharge.

It is a finding of the city that any parcel or those portions of any parcel served by a stormwater treatment facility which has a current national pollutant discharge elimination system (NPDES) permit and which discharges its treated effluent directly into Puget Sound does not significantly contribute to the various problems created by increased runoff. Any parcel or portion of the parcel served by such a facility should be exempt from the rates and charges of this article. (Ord. No. 90-32, § 5(M), 2-13-90)

16-109 – 16-120 Reserved.

Division 3. Rates and Charges

16-121 Basis for rate structure.

The service charges shall be based on the relative contribution of increased surface and stormwater runoff from a given parcel to the surface and stormwater management system. The percentage of impervious surfaces on the parcel and the total parcel acreage will be used to indicate the relative contribution of increased surface and stormwater runoff from the parcel to the surface and stormwater management system. The relative contribution of increased surface and stormwater runoff from each parcel determines that parcel’s share of the service charge revenue needs. The service charge revenue needs of the utility are based upon all or any part, as determined by the council, of the cost and expense within the service area of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, development, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose. (Ord. No. 90-32, § 6(A), 2-13-90; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 96-277, § 1(A), 12-3-96)

16-122 Methodology for determining service charge.

The public works director shall determine the service charge for each parcel within the service area by the following methodology:

(1) Residential and very light nonresidential parcels shall receive a flat rate service charge for the reasons set forth in FWCC 16-96 through 16-108.

(2) Parcels shall be classified into the appropriate rate category in FWCC 16-123 by their percentage of impervious surface coverage.

(3) Land use codes and data collected from parcel investigations will be used to determine each parcel’s percentage of impervious surface coverage.

(4) After a parcel has been assigned to the appropriate rate category, the service charge for the parcel will be calculated by multiplying the total acreage of the parcel times the rate for that category. (Ord. No. 90-32, § 6(B), 2-13-90; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 96-277, § 1(B), 12-3-96)

16-123 Service area annual service charge.

There is hereby imposed upon all developed properties in the service area annual service charges as follows:

Class	Percentage	Rate/Parcel (P) or Acre (A)/Year	Utility Tax (7.75%)
Residential (R)*	NA	$79.03 (P)	$6.12 (P)
Very light (VL)	0 – 10%	$79.03 (P)	$6.12 (P)
Light (L)**	10 – 20%	$178.98 (A)	$13.87 (A)
Moderate (M)**	20 – 45%	$366.41 (A)	$28.40 (A)
Moderately heavy (MH)**	45 – 65%	$706.96 (A)	$54.79 (A)
Heavy (H)**	65 – 85%	$891.19 (A)	$69.07 (A)
Very heavy (VH)**	85 – 100%	$1,166.06 (A)	$90.37 (A)
City or county roads	NA	$264.13 (A)	$20.47 (A)
State highways	NA	***	NA

* Parcel is owned by and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption under RCW 84.36.381, the parcel shall be exempt from the service charge.

** The minimum service charge shall be $85.15/parcel/year (utility tax included). The maximum annual service charge for mobile home parks shall be $34.56 (utility tax included) times per the number of mobile home spaces.

*** The rate charged to the State Department of Transportation will be determined in accordance with RCW 90.03.525. (Ord. No. 90-32, § 6(C), 2-13-90; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 96-277, § 1(C), 12-3-96; Ord. No. 02-433, § 1, 11-19-02; Ord. No. 06-544, § 1, 12-19-06)

16-124 Additional flat rate charge.

The flat rate charge previously added to each bill to pay for the operation of the billing system is now included in the rates reflected in FWCC 16-123. (Ord. No. 90-32, § 6(D), 2-13-90; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 96-277, § 1(D), 12-3-96; Ord. No. 02-433, § 2, 11-19-02)

16-125 Charges for basins, subbasins.

The council by ordinance may supplement or alter charges within specific basins and subbasins of the service area so as to charge properties or parcels of one basin or subbasin for improvements, studies, or maintenance which the council deems to provide service or benefit the property owners of one or more basin(s) or subbasin(s). (Ord. No. 90-32, § 6(E), 2-13-90; Ord. No. 91-117, § 1, 12-10-91; Ord. No. 96-277, § 1(E), 12-3-96)

16-126 Request for rate adjustments – Time limited.

Any person billed for service charges may file a request for rate adjustment with the public works director within three 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. (Ord. No. 90-32, § 7(A), 2-13-90)

16-127 Request for rate adjustments – Conditions for approval.

Requests for rate adjustment may be granted or approved by the public works director only when one of the following conditions exists:

(1) The parcel is owned and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption authorized under RCW 84.36.381; parcels qualifying hereunder shall be exempt from all charges imposed in FWCC 16-121 through 16-125;

(2) The acreage of the parcel charged is in error;

(3) The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the public works director;

(4) The parcel is nonresidential and the parcel meets the definition of open space in FWCC 16-36. Property qualifying under this article will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage;

(5) The parcel is served by one or more retention/detention facilities required pursuant to the provisions of Chapter 21 FWCC, or can be demonstrated by the property owner to provide detention/retention of stormwater to the standards set forth in FWCC 21-26 et seq. and maintained at the expenses of the parcel owner to the standards required by the city; nonresidential parcels except in the light rate category qualifying under this article shall be charged at the rate of one lower rate category than it is classified by its percentage of impervious surface coverage. Nonresidential parcels in the light category qualifying under this article shall be charged at the rate of $70.34 per acre per year (plus utility tax). Residential parcels and parcels in the very light category qualifying under this article shall be charged $39.51 per parcel per year (plus utility tax);

(6) A parcel contains a stream, creek, lake, pond or wetland that has been identified in an adopted drainage basin plan as an important stormwater control facility; provided, that the parcel owner provides annual maintenance to the standard required by the city. Parcels qualifying hereunder shall be granted a discount in the manner set forth in subsection (5) of this section. However, parcels qualifying under subsections (5) and (6) of this section shall receive only one rate class discount, whichever is the greater;

(7) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area. Property qualifying hereunder shall be exempt from the rates and charges of the ordinance;

(8) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area; parcels qualifying hereunder shall be charges as otherwise provided herein on the basis of the lands and impervious surfaces which drain into the service area;

(9) The rate or service charge is otherwise erroneous in applying the terms of this article;

(10) A parcel is served by a stormwater treatment facility which holds a current national pollutant discharge elimination system (NPDES) permit under the authority of the Clean Water Act of 1982, Section 402, specifically for the treatment of stormwater from the parcel and such system discharges directly into Puget Sound, without in any way utilizing any other stormwater conveyance or storage facilities. Parcels qualifying hereunder will be charged only for the area of impervious surface not served by the stormwater treatment facility and at the rate based upon the unserved portion of the parcel;

(11) A parcel is owned or leased by a public school district which provides activities which directly benefit the surface water management utility. The activities may include curriculum specific to the issues and problems of surface water management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface water management system. The amount of the rate adjustment shall be determined by the public works director based upon the cost of the activities to the school district but not to exceed the value of the activity to the surface water management utility. The rate adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district. (Ord. No. 90-32, § 7(B), 2-13-90; Ord. No. 02-433, § 3, 11-19-02)

16-128 Request for rate adjustments – Burden of proof.

The property owners shall have the burden of proving that the rate adjustment sought should be granted. (Ord. No. 90-32, § 7(C), 2-13-90)

16-129 Request for rate adjustments – Decision by director.

Decisions on requests for rate adjustments shall be made by the public works director based on information submitted by the applicant and by the city within 30 days of the adjustment request except when additional information is needed. The applicant shall be notified in writing of the public works director’s decision. If an adjustment is granted which reduces the charges for the current year or two prior years, the applicant shall be refunded the amount overpaid in the current and two prior years. (Ord. No. 90-32, § 7(D), 2-13-90)

16-130 Request for rate adjustments – Appeal.

Decisions of the public works director on requests for rate adjustments shall be final unless, within 30 days of the date the decision was mailed, the applicant submits in writing to the public works director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the city council. (Ord. No. 90-32, § 7(F), 2-13-90)

16-131 Amendment of bills.

If the public works director finds that a service charge bill has been sent to a parcel owner which was undercharged for the amount of impervious surface coverage on the parcel, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under the provisions set forth in FWCC 16-142. The public works director may include in the bill the amount undercharged for two previous billing years. (Ord. No. 90-32, § 7(E), 2-13-90)

16-132 – 16-140 Reserved.

Division 4. Billing Procedure

16-141 Billing procedure.

(a) All property subject to charges of the utility shall be billed based on the property characteristics existing on November 1st, of the year prior to the billing year and at the rate as set forth in FWCC 16-121 through 16-125. Billing year is the year that the bills are sent. The service charge shall be mailed to the name and address shown on the real property tax roll at the time annual property tax bills are prepared.

(b) The total amount of the service charge shall be due and payable to the city on or before April 30th and shall be delinquent after that date; however, if one-half of such service charge is paid on or before April 30th, the remainder shall be due and payable on or before October 31st and shall be delinquent after that date.

(c) Parcel characteristics affecting the service charge which are altered after November 1st of any year shall not be a basis for calculation of the service charge until after December 31st of the following year. (Ord. No. 90-32, § 8, 2-13-90)

16-142 Delinquencies and foreclosures.

(a) Delinquent service charges shall bear interest at the rate of 12 percent per annum, or such rate as may otherwise 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.

(b) The city shall have a lien for delinquent service charges, including interest thereon, against any property subject to service charges. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective and shall be enforced and foreclosed in the same manner as provided for by RCW 35.67.200 through 35.67.290; except that the service charge lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county. The city may commence to foreclose a surface water management service charge lien after three years from the date surface water management charges become delinquent, in lieu of the provisions provided in RCW 35.67.230. (Ord. No. 90-32, § 9, 2-13-90)

16-143 Surface water management fund.

All service charges shall be deposited in the surface water management fund in the office of finance which fund is hereby created to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating surface and stormwater management facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bond issued for such purpose. Monies in such fund not needed for immediate expenditure shall be invested for the benefit of the surface water management fund. (Ord. No. 90-32, § 10, 2-13-90)

16-144 Administrative procedures.

The public works director shall develop administrative procedures relating to the imposition and collection of service charges including but not limited to:

(1) Procedures for the application and review of requests for adjustments to service charges including timely review and decision on adjustments for the first year of the service charge where a higher number of requests for adjustments is expected.

(2) Procedures for the filing of liens and initiation of foreclosure on delinquent accounts. (Ord. No. 90-32, § 11, 2-13-90)