ORD 2015-20 RELATING TO THE CITY'S STORM & SURFACE WATER REGULATIONS & FEES REPEALING 13.24ORDINANCE NO. 2015-20
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the City's storm and surface water regulations and fees;
repealing the existing Chapter 13.24, Storm and Surface Waters, in
its entirety and adopting a new Chapter 13.24, Storm and Surface
Water Utility.
WHEREAS, Chapter 13.24 of the Bainbridge Island Municipal Code (BIMC) provides
regulations relating to the collection of fees for the City's Storm and Surface Water Utility; and
WHEREAS, Chapter 13.24 BIMC is in need of clarification and an update; and
WHEREAS, the City desires to address issues relating to the utility function not previously
addressed in the Bainbridge Island Municipal Code; and
WHEREAS, on June 9, 2015, City Council accepted the Utility Advisory Committee's
recommendations on the Storm and Surface Water Utility and directed staff to update Chapter
13.24 BIMC; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 13.24 of the Bainbridge Island Municipal Code, Storm and Surface
Waters, is hereby repealed in its entirety.
Section 2. A new Chapter 13.24 of the Bainbridge Island Municipal Code, Storm and
Surface Water Utility, is hereby adopted to read as follows:
Sections:
Chapter 13.24
STORM AND SURFACE WATER UTILITY
13.24.010
Purpose.
13.24.020
Utility established.
13.24.030
Jurisdiction.
13.24.040
Transfer of Property.
13.24.050
Definitions.
13.24.060 Storm and surface Water Utility Fund.
13.24.070 Utility rate policy.
13.24.080 Powers and authority.
13.24.090 Fee imposed.
13.24.100 Automatic annual fee adjustment.
13.24.110 Utility service charge calculation.
13.24.120 Undeveloped real property.
13.24.130 Service charges.
13.24.131 Rate Reductions.
13.24.132
Property exempt from service charges.
13.24.140
Billing and payment.
13.24.150
Service charge adjustments and appeals.
13.24.160
Remedies -termination of water service.
13.24.170
Lien for service.
13.24.180
Inspections -Right of Entry.
13.24.010 Purpose.
It is the purpose of this chapter to provide for revenue for the city's storm and surface water
management program to plan, manage, design, construct, revise, maintain, use and carry out
activities related thereto and pursuant to requirements of the NPDES Phase Il Municipal
Stormwater Permit. This chapter provides these revenues by fixing rates and charges pursuant to
RCW 35.67.020 for the furnishing of service to those served or receiving benefits, or to be
served or to receive benefits from, any drainage facility or contribute surface water runoff within
the city. This authority is being invoked to minimize property damage, promote and protect the
public health, safety, and welfare, minimize water quality degradation by preventing siltation,
contamination and erosion of the city's waterways, protect aquifers, ensure the safety of city
roads and rights-of-way, assure compliance with federal and state regulations, surface water
management, and water quality regulations and legislation, promote educational and recreational
opportunities, encourage the preservation of natural drainage systems, and foster other beneficial
public uses.
13.24.020 Utility established.
A storm and surface water utility was created and established by Ordinance No. 86-27, passed on
July 16, 1986. The utility is administered under direction of the city manager or designee.
13.24.030 Jurisdiction.
The city has jurisdiction over all storm and surface water facilities within the city. No
modifications or additions shall be made to the city's storm and surface water facilities without
the prior approval of the city.
The requirements of this chapter apply to all parcels of real property within incorporated
Bainbridge Island, including public and private property.
13.24.040 Transfer of property.
All properties, property rights and interests of every kind or nature owned or held by the city,
however acquired, insofar as they relate to or concern the storm or surface water system of
sewerage have been transferred to the storm and surface water utility, including by way of
example and not limitation, all properties, rights and interests acquired by adverse possession or
by prescription in and to the drainage and storage of storm or surface waters over and under
lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused by the
largest storm or flood condition.
13.24.050 Definitions.
The following words when used in this chapter shall have the following meanings, unless the
context clearly indicates otherwise:
A. "Agricultural land" means land primarily devoted to agricultural operations.
B. "Agricultural operation" means any facility or activity for the production or intent of
production for commercial or family use purposes of dairy, apiary, livestock, camelids, ratites,
vegetable or animal products, and crop products including, but not limited to, ornamental crops.
Incidental vegetable gardening, landscaping and keeping common pets by single family
residential properties are not defined as agriculture.
C. "Commercial use" means the providing of goods or services for compensation.
D. "Developed" shall mean that condition of real property altered from its natural state by the
addition to or construction on such property of impervious ground cover or other manmade
physical improvements (such as clearing or grading) such that the hydrology of the property or
portion thereof is affected.
E. "Impervious ground cover" shall mean those hard surfaces which either prevent or impede
the entry of water into the soil in the manner that such water entered the soil under natural
conditions preexistent to development, or which cause water to run off the surface in greater
quantities or at an increased rate of flow than that present under natural conditions preexistent to
development, including, without limitation, such surfaces as rooftops, greenhouses, asphalt or
concrete sidewalks, paving, unnamed ways -of -travel, driveways and parking lots, walkways,
artificial turf playing fields, patio areas, storage areas, and gravel, oiled macadam or other
surfaces which similarly affect the natural infiltration or runoff patterns that existed prior to
development.
Lawns, pastures, agricultural land, and landscaped areas, including playgrounds with soft ground
cover are not impervious ground cover. Permeable pavement areas that have been designed to
completely infiltrate water applied to the surface, as documented in a drainage report submitted
and approved for the developed property, are not impervious ground cover.
F. "Impervious surface unit (ISU)" shall mean the average estimated amount of impervious
ground cover on a single-family residential parcel. For the purposes of calculating the service
charges in BIMC 13.24.130, an ISU shall be defined as 3,000 square feet of impervious ground
cover and is the unit of measurement used by the utility in assessing service charges.
G. "Landscaped Areas" shall mean those areas of any property type that are planted with trees,
shrubs, or other vegetation, including the soil or bedding material areas associated with the
plantings.
H. "Low intensity development" shall mean any development, excluding single family, which
creates or utilizes less than fifteen percent (15%) impervious ground cover on a parcel.
I. "Multifamily" shall mean any residential structure designed for occupancy by multiple family
households in rented or leased apartments.
J. "Other developed property" shall mean all property developed for other than single-family
residential uses. Such other developed properties include apartments, municipal, commercial,
retail, industrial, manufacturing, maintenance, utility, recreation, agriculture, park, school,
marina, religious, convalescent center, and any other private or public purposes, including
properties with commercial operations that may also contain one or more residences.
K. "Service charge" shall mean the fee levied by the utility.
L. "Single family residential" shall mean individual single family homes, mobile homes,
condominiums and duplex homes.
M. "Structure" means any manmade assemblage of materials extending above or below the
surface of the earth and affixed or attached thereto.
N. "Undeveloped" shall mean that condition of real property unaltered by construction on, or
addition to, such property of impervious ground cover or physical manmade improvements of
any kind in excess of 100 square feet that change the hydrology of the property from its natural
state.
O. "Utility" means the storm and surface water utility established by Ordinance No. 86-27,
passed on July 16, 1986.
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P. "Way -of -Travel" means a roadway of whatever sort, including but not limited to, avenues,
boulevards, circles, courts, roads, drives, lanes, loops, places, tracts and ways, which is capable
of carrying vehicular traffic.
13.24.060 Storm and surface Water Utility Fund.
There is hereby designated a storm and surface water utility fund into which all revenues,
charges, grants, fees, and revenue from other sources shall be deposited and from which all
expenditures related to the city's storm and surface water utility shall be paid. This fund shall be
kept in the manner prescribed by state law and city policy as to accounting and reporting
procedures and requirements.
The storm and surface water utility shall be accounted for as a separate enterprise fund of the city
and all annual utility service charges shall be used solely for storm and surface water utility
purposes, including: compliance with requirements of the city's NPDES Phase II Municipal
Stormwater Permit, carrying out of applicable portions of the city's storm and surface water
management plan (SWMP), and oversight and administration of certain functions and
requirements described in chapters 15.20, 15.21 and 15.22 BIMC.
The city council shall set the utility's service charge at a level sufficient to fund the capital
projects, accumulation of reserves, infrastructure maintenance, debt service and operating
expenses (including, without limitation, intergovernmental transfers and state and local taxes) of
the utility.
13.24.070 Utility rate policy.
The charges for utility services shall be as set forth in this chapter and shall be adequate, except
in cases of emergency, to provide for administration, engineering, legal services, system
operations, and maintenance expenses; debt service requirements; funding of reserve accounts;
and system improvement projects. The rate structure for establishing the amount of service
charges assessed against each parcel of developed real property within the boundaries of the
utility shall be based upon the amount of impervious ground cover contained within each parcel
except single family residential. Except for those properties set forth in BIMC 13.24.132, all
public entities and public property shall be subject to charges for storm and surface water utility
services to the same extent as private persons and property. The rate for services shall be
charged whether the premises are occupied or vacant; provided the site contains impervious
ground cover.
13.24.080 Powers and authority.
The city hereby elects to exercise all lawful powers and authority for the planning, design,
construction, maintenance, administration, operation, acquisition, and condemnation of property
rights and regulation of storm drainage and surface water runoff systems including, without
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limitation, all lawful powers to fix, alter, regulate, and control the charges and conditions of the
use thereof.
13.24.090 Fee imposed.
The owners of all real property in the city which contributes drainage water to and which
benefits from the city's storm water utility shall pay a service charge as set forth in this chapter.
13.24.110 Utility service charge calculation.
A. Three thousand square feet of impervious ground cover shall be equal to one impervious
surface unit (ISU).
B. Each parcel of developed single-family residential property is deemed to contain one
equivalent ISU.
1. Single family residential parcels that contain an additional structure that is equal to or
exceeds three thousand square feet of impervious ground cover will be assessed an
additional service charge for each such structure (as defined in in BIMC 18.36.030(236)).
C. Other developed property parcels will be assessed utility service charges in accordance with
paragraph (D) of this section.
1. Other developed property parcels within mixed-use condominium properties that
include both residential and non-residential properties will be deemed to contain one
equivalent ISU per condominium unit.
D. The utility shall determine the actual number of ISUs contained on multifamily and other
developed property parcels, and these accounts shall pay a service charge to be calculated as
follows: actual impervious ground cover/3,000 square feet x single-family service charge. In
making the calculation, fractions shall be rounded to the nearest whole number but not less than
one ISU per developed property.
13.24.120 Undeveloped real property.
Those properties remaining in an undeveloped condition are deemed not to make use of the
services of the utility or its facilities beyond that used by such property in the natural state and
accordingly, no service charge shall be imposed on such properties.
13.24.130 Service charges.
Pursuant to the rate policy set forth in BIMC 13.24.070, and in accordance with the basis for a
rate structure set forth in BIMC 13.24.110, there is levied upon all developed real property
within the boundaries of the utility storm and surface water utility service charges which shall be
collected from the owners of such properties at a charge per ISU that shall be adopted by
ordinance and published in the city's combined fee schedule. The minimum charge will be one
ISU per developed property, unless otherwise noted in this chapter.
13.24.131 Rate reductions.
For parcels, excluding single-family residential properties:
A. The service charge charged to a parcel for impervious ground cover areas consisting of
compacted gravel surfaces used by vehicles as a way -of -travel or parking shall be seventy-five
(75%) percent of the rate for impervious ground cover areas set forth in BIMC 13.24.130;
B. For any property other than a single-family residence (including mobile homes,
condominiums and duplexes), if the property owner (1) has been required by either the city or
Kitsap County since January 1, 1985, to construct an on-site storm water mitigation facility as a
condition of the property's development or (2) has constructed voluntarily since January 1, 1985,
an on-site storm water mitigation facility serving the property and exceeding city standards at the
time of construction, the city may at its sole discretion reduce by up to fifty (50%) percent of the
storm and surface water service fee charged for the property pursuant to BIMC 13.24. 130, For
parcels that construct qualifying green infrastructure (low impact development) as on-site storm
water mitigation in accordance with BIMC 15.20, the city may, at its sole discretion, reduce the
utility service fee charged by up to fifty (50%) percent for the property pursuant to BIMC
13.24.130.
C. Any low intensity parcel that creates or utilizes less than fifteen percent (15%) impervious
ground cover will be eligible for a rate reduction of fifty percent (50%), in the city's sole
discretion.
D. In order to obtain a rate reduction pursuant to paragraphs B and C above, the parcel owner
must submit the required forms that demonstrate the qualification for a rate reduction by
November 15`" of a given year. If approved, the rate reduction will become effective in the
calendar year following the request.
E. The rate reduction authorized by this section shall not reduce the total storm and surface water
utility service fee to less than fifty percent (50%) of the fee required pursuant to BIMC
13.24.130, and shall not be used in conjunction with any other rate reduction authorized by this
title. The minimum ISU charge per developed property shall be 1 ISU.
F. Low income senior and disabled citizens who meet the requirements set forth in Chapter 13.16
BIMC shall be entitled to a reduction in service charges as established by city resolution.
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13.24.132 Property exempt from service charges.
The following categories of property are exempt from storm and surface water utility service
charges:
A. City -owned ways- of- travel, all of which are part of the storm and surface drainage system
pursuant to the city's NPDES Phase II Municipal Stormwater Permit. This exemption does not
apply to a city -owned road that is an adjunct to a city developed property, such as NE Henshaw
Place adjacent to City Hall, and which is therefore charged a storm water fee pursuant to BIMC
13.24.130 as part of a developed property; and
B. Private ways -of -travel which meet all the requirements and have been named in accordance
with BIMC 12.16.050(A), including:
1. Ways -of -travel that serve two or more properties other than the tract of which it is a
portion; and
2. Ways -of -travel for which an easement has been granted by recorded deed.
C. State of Washington highway.
13.24.140 Billing and payment.
All property subject to rates and service charges pursuant to this chapter shall be assessed
annually by the Kitsap county assessor on behalf of the city in conjunction with the county's
property tax bill. Properties which do not receive a property tax statement will receive a separate
rate and service charge billing statement. Storm and surface water utility fees billed pursuant to
this paragraph shall be due and payable semiannually on the same dates each year that the
county's property tax bill is due and payable (April 30 and October 31), and shall be delinquent
if not paid by the due date. All delinquent accounts billed pursuant to this paragraph will be
subject to a monthly penalty charge of one percent of the amount that is delinquent.
13.24.150 Service charge adjustments and appeals.
A. Any person billed for service charges under this chapter may apply for a service charge
adjustment with the director of finance no later than November 15 of the year of the bill. The
applicant shall state the specific conditions and facilities on the site which the applicant feels
warrant adjustment of the service charge as applied to the property. However, filing of such a
request does not extend the period for payment of the charge.
B. A request for service charge adjustment may be granted or approved by the director of
finance only when one of the following conditions exists:
I The acreage of the parcel charged is in error; or
2. The parcel is nonresidential and the actual impervious ground cover of the parcel is more
than fifty percent (50%) of an impervious service unit (ISU) greater than or less than the
estimated or measured impervious ground cover used in determining the charge; or
3. The service charge was otherwise not calculated in accordance with the terms of this
chapter; or
4. The parcel is undeveloped.
C. The property owner shall have the burden of proving that the service charge adjustment
should be granted.
D. Decisions on requests for a service charge adjustment shall be made by the director of
finance based on information submitted by the applicant and by the public works department
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.
E. If the director of finance finds that a service charge should be adjusted, then an amended bill
shall be issued which reflects the adjusted service charge.
F. The public works director or finance director may initiate review of a storm water utility
service charge to any parcel.
13.24.170 Lien for service — Interest.
Pursuant to RCW 35.67.200 et seq., the city shall have a lien for delinquent and unpaid storm
water sewer charges. A sewer 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 auditor. Enforcement and foreclosure of any sewer lien shall be in the manner provided
by state law. Interest on the unpaid balance shall be eight percent per annum or higher rate as
authorized by law.
13.24.180 Inspections — Right of entry — Emergency.
The engineer or other city officials or employees of the city may enter any building or property
to perform duties imposed by this chapter in accordance with Chapter 1.16 BIMC.
Section 3. This ordinance shall take effect and be in force five (5) days after its
passage, approval and publication as provided by law.
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PASSED by the City Council this 17th day of November, 2015.
APPROVED by the Mayor this 17th day of November, 2015.
ATTEST/AUTHENTICATE:
�I7iiLflilnd'X�• �?SQ _
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCI NO:
Anne S. Blair, Mayor
September 29, 2015
November 17, 2015
November 20, 2015
November 25, 2015
2015-20
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