Chapter 13.04
STORMWATER UTILITY
Sections:
13.04.010 Establishment of stormwater utility.
13.04.020 Purpose.
13.04.030 Stormwater utility fund.
13.04.040 Definitions.
13.04.050 Citizens’ stormwater advisory committee.
13.04.060 Guidelines for stormwater service charges.
13.04.070 Stormwater service charges.
13.04.080 Amount of stormwater service charge.
13.04.090 Administration.
13.04.100 Adjustment and appeals of charges.
13.04.110 Stormwater fund appropriation.
13.04.010 Establishment of stormwater utility.
Pursuant to Chapter 36.89 RCW et seq., a utility to be known as the San Juan County stormwater utility is established under the direction of the board of County commissioners, to be administered and operated by the department of public works. The utility is authorized to exercise all lawful powers necessary and appropriate to planning, designing, establishing, acquiring, developing, financing, constructing, operating, managing, improving, maintaining, controlling and requesting stormwater facilities including, without limitation, all lawful powers to fix, alter, regulate and control the rates and charges and conditions for the use thereof and full power to enter into agreements with other governmental entities for such purposes. (Ord. 14-2005 § 1)
13.04.020 Purpose.
The San Juan County stormwater utility is established to minimize property damage, promote and protect the public health, safety and welfare, minimize water quality degradation by preventing siltation, flooding, contamination and erosion of the County’s waterways and drainages, protect aquifers, ensure the safety of County roads and rights-of-way, increase educational and recreational opportunities, restore fisheries, encourage the retention of open space, and foster other beneficial public uses including the use of low impact development strategies and technologies to the extent practicable. (Ord. 14-2005 § 2)
13.04.030 Stormwater utility fund.
A fund is hereby created, to be known as the stormwater utility fund. All taxes, fees, charges, or other revenues from any source, if any, imposed herein or hereafter under the authority of this section, shall be placed in the stormwater utility fund for the purpose of paying all or any part of the cost of all proper expenses of the San Juan County stormwater utility. (Ord. 14-2005 § 3)
13.04.040 Definitions.
For the purposes of this chapter, the words or phrases below shall have the following meanings:
A. “County” means San Juan County, Washington.
B. “County road” means public rights-of-way shown on the official County road log maintained by the County engineer and adopted into the County road system by the County council.
C. “Director” means the director of the San Juan County department of public works or his or her designee.
D. “Low impact development (LID)” is a decentralized stormwater management strategy that uses natural processes such as the interception and uptake by stormwater vegetation, infiltration devices, and detention to simulate pre-development water balance and hydrology.
E. “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 lot number assigned by the San Juan County assessor.
F. “Service charge” means the basic service charge which is the amount owed after applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
G. “Single-family residence” means a dwelling unit designed for and occupied by no more than one family, as defined in SJCC Title 18.
H. “Stormwater facilities” shall mean any facility, improvement, development, property or interest thereon made, constructed or acquired for the purpose of controlling or protecting life or property from any runoff, storm, waste, flood or surplus waters wherever located within the County, and shall include but not be limited to the improvements and authority described in Chapter 86.12 RCW et seq. and Chapter 86.15 RCW et seq. (Ord. 47-2008 § 1; Ord. 14-2005 § 4)
13.04.050 Citizens’ stormwater advisory committee.
A. Establishment. There is hereby created a citizens’ stormwater advisory committee the members of which shall be appointed by the County council.
B. Purpose. The purpose of the stormwater advisory committee is to provide advice to the County council and make recommendations on matters pertaining to stormwater, including capital facilities, projects, priorities of projects, and other policy matters as referred by the County council related to the operation of an effective stormwater utility. The recommendations of the committee should be received by July 1st of each year to allow the County council sufficient time to consider the recommendations prior to the adoption of the capital facilities plans.
C. Membership. The stormwater advisory committee shall be composed of seven members, one from each council member district and one member at large. Each member shall be appointed for a term of four years, the dates of which shall coincide with the full term of the respective council member district. The term of the at-large member shall coincide with the term of the council member in District 1.
D. Rules. In conducting its business, the citizens’ stormwater advisory committee shall follow the Uniform Business Rules, including the Rules of Procedure, unless other rules have been duly adopted by the County council. (Ord. 47-2008 § 2)
13.04.060 Guidelines for stormwater service charges.
A. After the adoption of the ordinance codified in this section, all new or modified stormwater service charges for the stormwater utility shall be established by the County council by ordinance after first considering the written recommendations of the citizens’ stormwater advisory committee and testimony from the public at a public hearing.
B. The service charge structure may have one or more components, shall consider the factors and constraints set out in Chapter 36.89 RCW and may include one or more of the following considerations:
1. A basic, County-wide service charge, which recognizes the benefit to every property owner from protection against flooding on County roads, protecting the quality of groundwater recharge, protection of the near shore marine environment, water quality monitoring, basin studies, administration of the stormwater utility, and education and compliance with state law.
2. A district-wide service charge to be assessed to property owners within a geographical district, which service charge is assessed to reflect a portion of the costs of projects within that district;
3. The services furnished or to be furnished;
4. The benefits received or to be received;
5. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for stormwater control facilities to the same extent private persons and private property are subject to such rates and charges that are imposed by counties pursuant to RCW 36.89.080;
6. Mandatory Exemption from Service Charges. All service charges shall be reduced or exempted after considering the following information to be provided by the property owner:
a. An exemption for parcels taxed as forest land under Chapter 84.33 RCW or as timber land under Chapter 84.34 RCW;
b. In accordance with RCW 36.89.080, the rate to be imposed shall be reduced by a minimum of 10 percent for any 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. The service charge structure shall consider rate reductions in excess of 10 percent depending upon the amount of rainwater harvested.
7. Optional Exemption from Service Charges. Service charges may be reduced based upon the nonprofit public benefit status of the property owner and/or income level of persons including senior citizens and disabled persons. (Ord. 47-2008 § 3)
13.04.070 Stormwater service charges.
A. Basic Service Charge. Each parcel in San Juan County, except for parcels taxed as forest land under Chapter 84.33 RCW or as timber land under Chapter 84.34 RCW, which exists on December 31st of each year shall be assessed annually, and the owner of each parcel shall pay a stormwater service charge, known as the “basic stormwater service charge.” The basic stormwater service charge is to be calculated based upon estimates of the next year’s costs of those parts of the service charge which benefit the citizens throughout the County equally: administration and overhead, drainage basin planning, water quality monitoring, public outreach and technical assistance, billing and collection, engineering and plan review and maintenance of County stormwater facilities.
B. Capital Service Charge. Each parcel in San Juan County, except for parcels taxed as forest land under Chapter 84.33 RCW or as timber land under Chapter 84.34 RCW, which exists on December 31st of each year shall be assessed annually a capital stormwater service charge and the owner of each parcel shall pay the capital stormwater service charge. The capital stormwater service charge is to be calculated based upon a five-year forward rolling average of the estimated annual capital expenses of stormwater improvements as itemized in the six-year stormwater capital improvement plan, with one-half of the capital service charge assessed equally on all parcels in the County, and one-half of the capital service charge assessed equally on parcels within the district.
C. The stormwater service charges shall exclude from the calculation any expenses that are projected to be paid for by the road fund. (Ord. 47-2008 § 4)
13.04.080 Amount of stormwater service charge.
A. Beginning January 1, 2009, and on the first day of each year thereafter, the stormwater basic service charge shall be assessed at 100 percent of the calculated rate and the stormwater capital service charge shall be assessed at one-tenth of the calculated rate, as follows:
|
District |
Basic Service Charge |
Capital Service Charge (One-Tenth of Calculated Rate) |
Total |
|
San Juan Island |
$22.97 |
$3.30 |
$26.27 |
|
Orcas Island |
$22.97 |
$6.15 |
$29.12 |
|
Lopez Island |
$22.97 |
$4.08 |
$27.05 |
|
Shaw Island |
$22.97 |
$3.27 |
$26.24 |
|
All other islands |
$22.97 |
$2.12 |
$25.09 |
B. The rate the County may charge under this section for stormwater control facilities shall be reduced by a minimum of 10 percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The property owner may submit a request for reduction at any time, and such request must be acted upon within 90 days, and such reduction will be effective in the next billing cycle after approval. (Ord. 47-2008 § 5)
13.04.090 Administration.
A. Stormwater service charges shall be assessed annually and included in the first half of the San Juan County property tax statements. Property owners who do not receive a property tax statement will receive a separate billing statement.
B. Service charges are due and payable on or before the thirtieth day of April, and shall be delinquent after that date. However, if one-half of such service charges are 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, in the same manner as regular property taxes. Any delinquent amount shall be charged interest at the rate of 12 percent per annum and shall be a lien on the property, which lien may be foreclosed after three years from the date the stormwater service charge becomes delinquent in the same manner as the foreclosure of the regular property tax levy. (Ord. 47-2008 § 6)
13.04.100 Adjustment and appeals of charges.
A. Any person billed for stormwater service charges may file a request for service charge adjustment with the County auditor within 30 days of the date of the bill. Submittal of such a request does not extend the date the service charge becomes due and payable.
B. A request for service charge adjustment may be granted by the County auditor only when the County auditor finds that the service charge has been applied in a manner inconsistent with the ordinance establishing the service charge.
C. Service charge adjustments will only apply to the bill then due and payable, and bills subsequently issued.
D. The property owner shall have the burden of proving that the service charge adjustment should be granted.
E. Decisions on requests for service charge adjustment shall be made by the County auditor based on information submitted by the applicant and by the public works department within 30 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the County auditor’s decision. If an adjustment is granted which reduces the service charge for the current year, the applicant shall be refunded the amount overpaid in the current year together with interest thereon at 12 percent per annum on the amount overpaid from the date of payment to the date of refund. (Ord. 47-2008 § 7)
13.04.110 Stormwater fund appropriation.
A. The service charges collected from the assessment of the stormwater service charges shall be deposited in a fund or funds called the “stormwater fund” in the County treasury 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 or any part of the cost or expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities and may not be transferred to any other fund or used for any purpose not previously approved by the County council. Separate funds shall be established for the basic service charge and for the service charge for capital expenses in each district.
B. The fund with the basic service charges may be used for watershed basin planning, water quality monitoring, gathering data and measuring impermeable surface area for commercial, institutional and industrial properties, education and technical assistance to property owners or groups of property owners, payment of principal and interest on loans made to pay for stormwater facilities, and administrative expenses including staff time, maintenance and overhead.
C. The funds with capital service charges shall be used for capital facilities, and maintenance of stormwater facilities in the district for which such fund is established. (Ord. 47-2008 § 8)