HomeMy WebLinkAboutres2009-015 No. AB2009 - 130
WHATCOM COUNTY COUNCIL AGENDA BILL
CLEARANCES Initial Date Date Received in Council Office Agenda Date. Assigned to:
Originator: 2/ 17 / 2009 Surface Water
KraigOlason Ird } Work Session
160 IV R I C E V E it 2 / 24/ 2009 Introduction
Division Head: y/� J
D• Christensen XiY � 2/ `�/01 FEB 17 2009 3 / 17 / 2009 Hearing
Dept. Head: ,
F. Abort / �Ji ��
Prosecutor: f ;\ ` U l � fo f WHATCOM COUNTY
D. Gibson ,Z _- COUNCIL
Purchasing/ $4/Dy
B. Bennett !i /
Executive: ik
P. Kremen p� /
TITLE 0 DOCUMENT::
ADOPTING CHANGES TO WCC 100.07 - BIRCH BAY WATERSHED AND AQUATIC RESOURCES
MANAGEMENT DISTRICT FUNDING MECHANISM -BY ADDING A NEW SUB-SECTION ALLOWING FOR
CONSOLIDATION OF NON RESIDENTAIL CONTIGUOUS PARCELS FOR THE PURPOSE OF DETERMING
STORMWATER FEES, ESTABLISHING PENALTY RATE FOR DELINQUENT ACCOUNTS AND IDENTIFYING
THE HEARING EXAMINER AS THE FINAL APPEAL AND ESTABLISHING A FINAL APPEAL FEE .
ATTACHMENTS:
• Memo
• Proposed Resolution
• Staff Report — Adjacent Lots Request .
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:3-11-09
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an resolution or requires a public hearing,
you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Several changes are being proposed to WCC 100.07 — Birch Bay Watershed Aquatic and Resources Management District.
They include:
• A provision to allow consideration of the adjacent lots in calculations for non-residential fees (FCZD Board of
Supervisors request).
• Establishment of a defined penalty rate for delinquent accounts (request for clarification by Treasurer' s Office).
• Identifying the hearing examiner as the final appeal of the BBWARM.
• Establishing a fee for the final appeal.
This resolution would amend Resolution 2008-049 and 2008-050.
COMMITTEE ACTION: COUNCIL ACTION:
2 / 24 / 2009 : Introduced
3 / 17 / 2009 : Council Approved 7 -0
Res . 2009 -015
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
2008-049 & 2008-050
Res . 2009 -015
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's
website at: www. co. whatcom. wa. us/council.
SPONSORED BY: Consent
PROPOSED BY: PUBLIC WORKS
INTRODUCTION DATE : 2 / 24 / 2009
RESOLUTION NO. 2009- 015
ADOPTING CHANGES TO WCC 100.07, BIRCH BAY WATERSHED
AND AQUATIC RESOURCES MANAGEMENT DISTRICT FUNDING MECHANISM ,
BY ADDING A NEW SUB-SECTION ALLOWING FOR CONSOLIDATION OF
NON RESIDENTAIL CONTIGUOUS PARCELS FOR THE PURPOSE OF
DETERMING STORMWATER FEES, ESTABLISHING PENALTY RATE
FOR DELINQUENT ACCOUNTS AND IDENTIFYING THE HEARING
EXAMINER AS THE FINAL APPEAL AND A FINAL APPEAL FEE
WHEREAS , RCW 86 . 15 . 160 (4) authorizes a charge for the furnishing of service
to those who are receiving or will receive benefits from stormwater control facilities and
programs and who are contributing to an increase in surface water runoff; and ,
WHEREAS , the Birch Bay Comprehensive Stormwater Plan was adopted in
2006 and provides guidance on addressing or preventing current and future problems
related to increasing flooding and erosion , declining water quality and loss of aquatic
habitat as a result of increasing growth and development in the region ; and ,
WHEREAS , in accordance with RCW 86 . 15. 025, on March 13 , 2007 , a subzone
of the Whatcom County Flood Control Zone District was established as the Birch Bay
Watershed and Aquatic Resources Management District (Ordinance 2007-019 ); and ,
WHEREAS , on July 22 , 2008 , the Whatcom County Flood Control Zone District
Board of Supervisors conducted a public hearing and following deliberations , authorized
the collection of stormwater fees and established rates within the Birch Bay Watershed
and Aquatic Resources Management District ( Resolutions 2008-049 and 2008-050 ); and
WHEREAS , the Whatcom County Flood Control Zone District Board of
Supervisors at the public hearing held on July 22 , 2008 , requested that the Birch Bay
Watershed Aquatic and Resources Management District Advisory Committee work with
Whatcom County Public Works staff to develop a proposal to address whether or not to
consolidate adjacent parcels for the purpose of calculating stormwater fees ; and
WHEREAS , the Birch Bay Aquatic and Resources Management District Advisory
Committee has studied the options and has submitted a recommendation to address the
Whatcom County Flood Control District Board of Supervisors request, and
WHEREAS , the Treasurer's Office requested a penalty rate for delinquent
accounts be established , and
WHEREAS , the Board of Supervisors desires the establishment of a hearing
body for final decisions on appeals to Chapter 100 . 07 , and
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WHEREAS , the Board of Supervisors desires to recoup the costs associated
with processing and administering final appeals to Chapter 100 . 07,
NOW, THEREFORE , BE IT RESOLVED BY THE WHATCOM COUNTY FLOOD
CONTROL ZONE DISTRICT BOARD OF SUPERVISORS THAT:
Section 1 . Amendments added to Whatcom County Code Birch Bay Watershed and
Aquatic Resources Management District as included in Exhibit A of this resolution . The
new text is underlined , deleted text is stricken .
Section 2 . Adjudication of invalidity of any of the sections , clauses , or provisions of
this resolution shall not affect or impair the validity of the resolution as a whole or any
part thereof other than the part so declared to be invalid .
ADOPTED this 17th day of March , 2009.
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1,'.,Dana•$rr�1114sD fis , c$Jncil Clerk Carl Weimer, Chair
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APPROV��SIAS TO FORM :
afr?\ALeckg' kipo-y\s1
Daniel L . Gibson , Assistant Chief Civil Deputy Prosecutor
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EXHIBIT A
New language appears as underlined
Deleted language appears as stA t
Chapter 100. 07
BIRCH BAY WATERSHED AND AQUATIC RESOURCES
MANAGEMENT DISTRICT FUNDING MECHANISM
Sections :
Article I. Funding Mechanism
100. 07 . 010 Title.
100. 07 . 020 Purpose.
100.07 . 030 Applicability.
100. 07 . 040 Definitions .
100. 07 .050 Rate structure.
100 . 07 . 060 Billing.
100. 07 . 070 Service charge adjustments and appeals.
100. 07 . 080 Exemption.
100. 07 . 090 Use of funds.
100 . 07 . 100 Lien for delinquent charges .
100.07 . 110 Severability.
Article II. Service Units
100 . 07 .200 Monthly unit rates .
100 . 07205 Appeal of manager' s final decision fee
Article I. Funding Mechanism
100 . 07 . 010 Title .
This chapter shall be titled "Birch Bay watershed and aquatic resources management
district funding mechanism. " (Res . 2008 -049 § 1 (Exh. A § 1 )) .
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100 . 07 . 020 Purpose .
The purpose of this chapter is to provide for revenue for the Birch Bay watershed and
aquatic resource management district, to plan, manage, design, construct, establish,
acquire, develop, maintain, use, finance, operate, control, or improve storm and surface
water control facilities, and to carry out activities related thereto. This chapter provides
these revenues by fixing rates and charges pursuant to RCW 86. 15 . 160 for the furnishing
of service to those served or receiving benefits or to be served or to receive benefits from
any stormwater control facility or contributing to an increase of surface water runoff in
the Birch Bay watershed and aquatic resource management district. This authority is
being invoked in order 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 waterways, protect aquifers, ensure the safety of county
roads and rights-of-way, increase educational and recreational opportunities, encourage
the retention of open space, and foster other beneficial public uses within the Birch Bay
watershed and aquatic resource management district. (Res . 2008-049 § 1 (Exh. A § 2)) .
100 . 07 . 030 Applicability.
The requirements of this chapter shall apply to all parcels of real property in the Birch
Bay watershed and aquatic resource management district, including public and private
property. (Res. 2008-049 § 1 (Exh. A § 3 )) .
100 . 07 . 040 Definitions .
For the purposes of this chapter, the words or phrases below shall have the following
meanings :
A. "Agricultural parcel" means a developed parcel participating in the Whatcom
County agricultural open space program.
B . "Biofiltration" means the use of vegetation, including grasses and wetland plants, to
filter and treat stormwater runoff as it is conveyed through an open channel or swale.
C. "Board" means the Whatcom County flood control zone district board of
supervisors.
D . "County" means Whatcom County, or as indicated by the context, may mean the
department of public works, public works director, county engineer, or other employee or
agent representing the county in the discharge of his or her duties.
E . "County roads" mean public rights-of-way, excluding state roads, in the
unincorporated and incorporated areas served by the subzone.
F . "Density" shall mean the percentage of the parcel that is covered by impervious
surface area. For single-family residences, the density shall be determined by dividing the
value of one equivalent service unit by the parcel size. For the purposes of this chapter,
the "low-density designation" shall mean one to 10 percent; the "medium-density
designation" shall mean 11 to 50 percent; and the "high-density designation" shall mean
greater than 50 percent.
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G. "Developed parcel" means a parcel of real property which has been altered by
impervious surface coverage.
H . `Enterprise fund" means a fund established to account for operations that are
financed and operated in a manner similar to private business enterprises where the intent
of the governing body is that the costs (expenses, including depreciation) of providing
goods or services to the general public on a continuing basis be financed or recovered
primarily through user charges. As such, enterprise funds must report actual financial
position and results of operations such as actual assets, liabilities, fund equity balances,
revenues, expenditures, and expenses .
I. "Equivalent service unit (ESU)" means a configuration of impervious surface
estimated to contribute an amount of runoff to the county' s stormwater management
system which is approximately equal to that created by the average single-family
residential developed parcel in the service area.
J. "Impervious surfaces" means hard-surfaced areas which prevent or retard the entry
of water into the soil mantle and/or cause water to run off the surface in greater quantities
or at an increased rate of flow than under natural conditions . Common impervious
surfaces include but are not limited to rooftops, concrete or asphalt roads, sidewalks and
paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-
packed dirt, oiled or other surfaces which similarly impede the natural infiltration of
surface water or runoff patterns existent prior to development.
K. "Manager" means the county engineer or his/her designee.
L. "Other developed parcel" means a parcel that contains impervious surface area and
is not a single-family residence including at a minimum commercial, industrial,
multifamily apartment, and public property.
M. "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 account number assigned by the Whatcom County assessor-treasurer.
N. "Service charge" means the subzone fee in an amount to be determined by applying
the appropriate rate to a particular parcel of real property based upon factors established
by this chapter.
O . "Single-family residence" means a residential structure designed exclusively for
occupancy by one family, including mobile homes and duplex units, as defined by the
Whatcom County land use and development code.
P . "Small single-family residence" means a parcel containing a single-family residence
that has been determined to be covered by an amount of impervious surface area equal to
or less than one-half the value of one equivalent service unit.
Q . "State roads" mean state highway rights-of-way as defined in RCW 90 . 03 . 520 .
R. " Stormwater control facilities" means 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 Chapters 86 . 13 and 86 . 15 RCW.
S . "Subzone" means the Birch Bay watershed and aquatic resource management
district.
T. "Undeveloped parcel" means any parcel of real property which has not been altered
by construction of any impervious surface area.
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U. "Unit rate" means the dollar amount charged per ESU by the density designation.
(Res. 2008-049 § 1 (Exh. A § 4)) .
100 . 07 . 050 Rate structure .
A. Service charges for the subzone are hereby authorized and imposed in amounts and
on terms consistent with this chapter.
B. The rates and service charges shall be based on the service provided and the relative
contribution of stormwater runoff from a given parcel to the stormwater management
facilities. The estimated or measured impervious surface area will be used to determine
the relative contribution of stormwater runoff from the parcel.
C. The board shall establish from time to time, by resolution, the value of one ESU in
impervious surface area as measured in square feet.
D. The board shall establish from time to time, by resolution, the unit rate per ESU by
the density designation.
Service charges shall be determined as follows :
1 . Undeveloped Parcels. Undeveloped parcels shall not be charged.
2 . Roads. State, county or city roads shall not be charged.
3 . Single-Family Residences. The service charge for each single-family residence
shall be the unit rate for the applicable density times one ESU.
4. Small Single-Family Residences. The service charge for each small single-
family residence shall be the unit rate for the applicable density times one-half ESU.
5 . Agricultural Parcels with Less Than One Acre of Impervious Surface Area,
Excluding Driveways. The service charge for each agricultural parcel with less than one
acre of impervious surface area excluding driveways shall be the unit rate for the
applicable density times one ESU.
6 . Other Developed Parcels . The service charge for all other developed parcels,
including publicly owned properties, shall be computed by multiplying the unit rate for
the applicable density times the number of ESUs on the parcel minus any approved rate
adjustment for the parcel as determined under FCZD 100. 07 . 070. There shall be a
minimum service charge for all developed properties equal to the unit rate. (Res . 2008-
049 § 1 (Exh. A § 5)).
100 . 07 . 060 Billing .
A. Property Tax Statements . Rates and charges as authorized by this chapter shall be
added to and included in Whatcom County' s annual tax statements . Properties which do
not receive a property tax statement will receive a separate billing statement for these
rates and charges.
B . Payment Date. The total amount of the stormwater rate and charge shall be due and
payable on or before the thirtieth day of April and shall be delinquent after that date;
however, if one-half of such rate and charge is 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.
C . Payment Application. If a payment is received in conjunction with a combined
property tax and subzone service charge, and the payment is less than the amount due, the
payment shall be applied first to the annual property tax of the parcel and any remaining
amount to the subzone service charge. (Res . 2008 -049 § 1 (Exh. A § 6)) .
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100 . 07 . 070 Service charge adjustments and appeals .
A. Any person billed for service charges may file a request for service charge
adjustment with the manager within 30 days of the date of the bill, on forms provided by
Whatcom County Public Works — Stormwater Division. However, submittal of such a
request does not extend the period of payment for the charge.
B . A request for service charge adjustment may be granted or approved by the manager
only when one or more of the following conditions exist:
1 . The amount charged is in error; however, no adjustment will be made unless
the parcel density designation is in error and/or if the parcel is nonresidential and the
calculation of the impervious surface area on the parcel is shown to be in error by at least
10 percent, as demonstrated by a licensed surveyor or engineer; or
2 . The parcel exists in its natural unimproved condition and will remain in its
natural unimproved condition with no allowable human activities or manmade
improvements that adversely affect water quantity or quality; or
3 . The parcel contains a 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; or
4. The parcel contains a properly maintained stormwater quality and quantity
mitigation facility that meets the design requirements of the 1992 Department of Ecology
Stormwater Technical Manual; or
5 . The parcel includes a constructed or natural on-site stormwater mitigation
facility that meets all of the following conditions :
a. The constructed or natural facility provides stormwater detention, retention,
water quality treatment, and/or conveyance; and
b. The manager has determined that the property owner is capable of
maintaining and operating the facility; and
c. The facility is maintained by the property owner to the county' s design
specifications; and
d. The facility is available for inspection by the county; and
e. Excess facility capacity is accessible and available for other related public
purposes; and
f. The credit is revocable under conditions where the facility no longer
operates at the design level established during the stormwater plan review/approval
process.
6 . The parcels are determined by the Manager to be contiguous and meet the
definition of Section 4 . 12 of this Title — Other Developed Parcel . For contiguous lots to
qualify for rate adjustment the appellant must demonstrate that parcels :
a. are contiguous; and
b . have a common or planned stormwater system ; and
c. are owned by the same entity, or if leased to a third-party, the owner has the
responsibility under the lease, for maintenance of the stormwater system located on that
parcel ; and
d . the entity that owns the parcels also controls, owns, operates, and maintains
the stormwater system .
e. Lots determined to be contiguous by the Manager will be considered as a
single lot for the purposes of fee calculations .
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f. It is the responsibility of the property owner to notify the Manager prior to
any change in lot ownership, configuration or use that would result in non-compliance
with the criteria a-d above. Fees will be recalculated to reflect any such change from the
date of the change and applied to the individual parcels pursuant to the rate schedule in
affect at the time of the change.
C. Credit Calculation. The dollar amount to be credited for items determined eligible
under subsection B of this section shall be a fixed percentage reduction not to exceed a
cumulative total of 27 percent, based on the percentage of total program costs directly
related to managing surface water volumes and water quality.
1 . For qualifying permissive rainwater harvesting systems as provided for under RCW
36. 89 . 080 and eligible under subsection (B)(3 ) of this section and qualifying stormwater
quality and quantity mitigation facilities eligible under subsection (B)(4) of this section,
the formula is expressed mathematically as follows :
A = F x 10%
Where:
A = The credit amount to be subtracted from the monthly fee; and
F = The total monthly charge without credit.
2. For water quantity and/or quality mitigation eligible under subsection (B)(5) of this
section, the formula is expressed mathematically as follows :
A = Fx27%
Where:
A = the credit amount to be subtracted from the monthly fee;
F = the total monthly charge without credit.
D . The following information will be required by the manager to determine eligibility
for a service charge credit; additional information may also be requested if deemed
necessary:
1 . Approved stormwater plan certified by a licensed and qualified professional ;
2 . Calculations that support the basis for the service charge credit;
3 . Signature of the person responsible for the accuracy of the credit application
material ; and
4 . Other information, as required by the manager, to determine that the property
owner is willing and has the capacity to maintain the facility.
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E. Service charge adjustments will only apply to the bill then due and payable and bills
subsequently issued. The property owner shall have the burden of proving that the service
charge adjustment should be granted.
F. Decisions on requests for service charge adjustment shall be made by the manager
based on information submitted by the applicant and by the county within 60 days of the
adjustment request, except when additional information is needed. The applicant shall be
notified in writing of the manager' s decision.
G. Decisions of the manager on requests for service charge adjustments shall be final
: ::et :itt less d 30 days of the date the decision torTthe Whatcom County hearing
ami - —• . e - • - • appeal
- - = - - - _ . Appeals of the manager' s final
decision must be filed with and on forms provided by Whatcom County Public Works —
Stormwater Division. The hearing examiner shall review appeals to determine if the
manager made any errors in the application of the rules, definitions and requirements of
this chapter. (Res . 2008-049 § 1 (Exh. A § 7)) .
100 . 07 . 080 Exemption .
Property that is owned by, and is the personal residence of, a person or persons approved
by the county assessor for a senior citizen or disabled persons property tax exemption
under RCW 84.36 . 381 shall be exempt from the service charge. Any person eligible for
this low-income, senior citizen, or disabled persons exemption shall be provided a refund
of annual service charges for the subject property for the first year the exemption is
sought and for up to three prior years; provided, that eligibility for each year has been
approved by the assessor' s office; and provided further, that refunds shall not be
approved for any year prior to 2009. (Res. 2008-049 § 1 (Exh. A § 8)) .
100 . 07 . 090 Use of funds .
Service charges collected under this chapter shall be deposited into a special enterprise
fund or funds to be used only for the purpose of paying all or any part of the cost and
expense of administration, fee collection, maintaining and operating stormwater control
facilities, all or any part of the cost and expense of planning, designing, establishing,
acquiring, developing, constructing, maintaining, and improving the program and
facilities of the Birch Bay watershed and aquatic resource management district. (Res .
2008-049 § 1 (Exh. A § 9)) .
100 . 07 . 100 Lien for delinquent charges .
A . Liens. Pursuant to RCW 36 . 94 . 150, Whatcom County shall have a lien for
delinquent service charges, including interest thereon, against any property against which
they were levied, which lien shall be superior to all other liens and encumbrances except
general taxes and local and special assessments . Such liens shall be effective and shall be
enforced and foreclosed as provided in RCW 36 . 94. 150. Therefore, the county may
commence to foreclose such liens 60 days after the attachment of the lien.
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B . Interest. Delinquent service charges shall bear interest as provided in RCW
36 .94 . 150 at the rate of eight percent per annum, or such rate as may hereafter 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.
C. Penalties. Penalties of net-mere-than 10 percent of the amount due may shall be
imposed in case of failure to pay the charges at times fixed by resolution, as provided in
RCW 36 . 94. 150. (Res. 2008-049 § 1 (Exh. A § 10)) .
100 . 07 . 110 Severability.
If any section, clause, or provision of this chapter be declared by the courts to be invalid,
the same shall not affect the validity of the chapter as a whole or any part thereof other
than the part so declared to be invalid. (Res. 2008-049 § 1 (Exh. A § 11 )) .
Article II. Service Units
100 . 07 . 200 Monthly unit rates .
A. The value of one equivalent service unit for the Birch Bay watershed and aquatic
resource management district is hereby established to be 4,000 square feet of impervious
surface area.
B . The following monthly unit rates are hereby established for the Birch Bay
watershed and aquatic resource management district:
Density Range Unit Rate
Low $ 5 .02
Medium $ 6.26
High $ 8 .72
100 . 07 . 205 Appeal of manager's final decision fee
A. The fee for appeals to the manager' s final decision as provided for in . 070(G) of this
chapter shall be $ 500. 00 .
(Res . 2008-050) .
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