HomeMy WebLinkAboutord2019-053• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2019-377
File ID: AB2019-377 Version: 1 Status: Adopted
File Created: 06/25/2019 Entered by: RKlein@co.whatcom.wa.us
Department: Public Works File Type: Ordinance
Department
Assigned to: Council Final Action: 07/23/2019
Agenda Date: 07/23/2019 Enactment #: ORD 2019-053
Primary Contact Email: sdraperoco.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Chapter 16.30 entitled "Lake Whatcom Stormwater
Utility Funding Mechanism"
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See Memo
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/09/2019 Council INTRODUCED FOR PUBLIC Council
HEARING
Notes: Vote: 6-0, Byrd absent
07/23/2019 Council ADOPTED
Notes: Vote: 5-2, Brenner and Byrd opposed, Ordinance 2019-053
Attachments: Memo, Ordinance for July 23 Hearing, Agenda Bill Master Report
Whatcom County Page 1 Printed on 712412019
1
2
3
4
5
6
7
8
9
10
11
12
13
PROPOSED BY:
INTRODUCTION DATE:? 9 19
ORDINANCE NO. 2019- 053
AUTHORIZING A CHARGE FOR THE FURNISHING OF SERVICE TO THOSE WHO
ARE RECEIVING OR WILL RECEIVE BENEFITS FROM STORMWATER CONTROL
FACILITIES OR PROGRAMS AND WHO ARE CONTRIBUTING TO AN INCREASE IN
SURFACE WATER RUNOFF IN THE LAKE WHATCOM STORMWATER UTILITY
SERVICE AREA
14 WHEREAS, RCW 36.89.080 authorizes a charge for the furnishing of
15 service to both those who are receiving or will receive benefits from stormwater control
16 facilities and programs and to those who are contributing to an increase in surface water
17 runoff; and,
18
19 WHEREAS, the Lake Whatcom Stormwater Utility Service Area was
20 adopted with Ordinance 2017-076 to include the entire unincorporated Lake Whatcom
21 watershed; and,
22
23 WHEREAS, implementation of the Lake Whatcom Stormwater Utility is
24 needed to solve many of the current stormwater management problems in the Lake
25 Whatcom Watershed including the removal of phosphorus; and,
26
27 WHEREAS, annual revenue is needed to implement the Lake Whatcom
28 Stormwater Utility; and,
29
30 WHEREAS, on May 8, 2018 the Whatcom County Council selected a
31 citizen advisory committee consisting of Lake Whatcom Utility Service Area rate payers
32 to advise Whatcom County Public Works and the Whatcom County Council on a
33 recommended stormwater rate structure; and,
34
35 WHEREAS, beginning in June 2018, Whatcom County Public Works
36 conducted a funding study to evaluate stormwater rate structure options for the Lake
37 Whatcom Stormwater Utility Service Area and to determine the unit rates, equivalent
38 service unit value, and capital facility charge needed to provide revenue sufficient to
39 support the implementation of the Lake Whatcom Stormwater Utility; and,
40
41 WHEREAS, the citizen advisory committee considered and provided
42 stakeholder input and recommendations during the funding study; interested members
43 of the public attended advisory committee meetings and provided comments to the
44 committee for their deliberation; and,
45
46 WHEREAS, that a Public Hearing to consider the authorization of unit
47 rates, the equivalent service unit value, and the capital facility charge (CFC) for the
Page 1
1 Lake Whatcom Stormwater Utility was held July 23, 2019, at the regular County Council
2 meeting.
3
4 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
5 that:
6
7 Section 1. A new article entitled "Lake Whatcom Stormwater Utility Funding
8 Mechanism" shall be added to the Whatcom County Code Chapter 16.30. Complete
9 text of this section is included in Exhibit A of this ordinance.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Section 2. Challenges to the validity of any of the sections, clauses, or provisions of
this ordinance shall not affect or impair the validity of the ordinance as a whole or any
part thereof other than the part so declared to be invalid.
Section 3. This ordinance shall become effective January 1, 2020.
BE IT FURTHER ORDAINED that a new fund is hereby established effective January 1,
2020 titled "Lake Whatcom Stormwater Utility Fund". This fund shall be used to account
for the revenues and expenditures related to operation of Lake Whatcom Stormwater
Utility.
BE IT FURTHER ORDAINED that the value of one equivalent service unit for the Lake
Whatcom Stormwater Utility is hereby established to be 4,200 square feet of impervious
surface area.
BE IT FURTHER ORDAINED that the following annual unit rates are hereby established
for the Lake Whatcom Stormwater Utility:
Customer Type
Fee for 2020
Single Family — Small Footprint
$55.32
Single Family — Medium Footprint
$73.76
Single Family — Large Footprint
$147.52
Other Developed Parcels
$73.76 per ESU
Customer Type
Fee Beginning
in 2021
Single Family — Small Footprint
$110.64
Single Family — Medium Footprint
$147.52
Single Family — Large Footprint
$295.04
Other Developed Parcels
$147.52 per ESU
BE IT FURTHER ORDAINED that the following capital facilities charge (CFC) is hereby
established for the Lake Whatcom Stormwater Utility, for new development or
expansion or densification of existing development:
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Customer Type
CFC
Single Family Parcels
$1,730 per Parcel
Other Developed Parcels
$1,730 per ESU
����61i48i3iB;s�����
ADOPT�tIClyf� July 20 19
ATT� a � � _
Dan p�irow -RTI 9*kyof the Council
WHATCOM° ,Q;I��VTY &ECUTIVE
APPROVED AS l`6T6RM:
Christopher Quinn, Civil Deputy
Prosecutor
Page 3
WHATCOK/I
WHATCOf CCtUN f,CO N IL
IN
Rud BroH4ne, Council Chair
WHATCgWCO`UNTY, ASHINGTON
Jack Louws,lCounty Executive
Approved ( Denied
Date Signed: aA aa.�
1 EXHIBIT A
2
3 Section 1.0 Title
4
5 This ordinance shall be titled "Lake Whatcom Stormwater Utility Funding Mechanism".
6
7 Section 2.0 Purpose
8
9 The purpose of this chapter is to provide revenue for the Lake Whatcom Stormwater Utility
10 (LWSU) to plan, manage, design, construct, establish, acquire, develop, maintain, use, finance, operate,
11 control or improve storm and surface water control facilities, and to carry out activities related thereto.
12 This chapter provides these revenues by fixing rates and charges pursuant to RCW 36.89 for the
13 furnishing of service to those served or receiving benefits or those to be served or to receive benefits from
14 any stormwater control facility, or those contributing to an increase of surface water runoff in the LWSU
15 Service Area. This authority is invoked in order to minimize property damage; promote and protect public
16 health, safety and welfare; minimize water quality degradation by preventing siltation, contamination and
17 erosion of the waterways; protect aquifers; ensure the safety of County roads and rights -of -way; increase
18 educational and recreational opportunities; encourage the retention of open space; and foster other
19 beneficial public uses within the LWSU Service Area.
20
21 Section 3.0 Applicability
22
23 The requirements of this ordinance shall apply to all parcels of real property in the LWSU Service
24 Area, including public and private property.
25
26 Section 4.0 Definitions
27
28 For the purposes of this Chapter, the words or phrases below shall have the following meanings:
29
30 (1) "County" means Whatcom County, or as indicated by the context, may mean the
31 Department of Public Works, Public Works Director, County Engineer, or other employee
32 or agent representing the County in the discharge of his or her duties.
33 (2) "County Council" means the Whatcom County Council, which is the legislative branch of
34 Whatcom County government.
35 (3) "County roads" means public rights -of -way, excluding State roads, in the unincorporated
36 areas served by the LWSU.
37 (4) "Developed parcel" means a parcel of real property which has been altered by impervious
38 surface coverage.
39 (5) "Enterprise fund" means a fund established to account for operations that are financed
40 and operated in a manner similar to private business enterprises where the intent of the
41 governing body is that the costs (expenses, including depreciation) of providing goods or
42 services to the general public on a continuing basis be financed or recovered primarily
43 through user charges. As such, enterprise funds must report actual financial position and
44 results of operations, such as actual assets, liabilities, fund equity balances, revenues,
45 expenditures, and expenses.
46 (6) "Equivalent service unit" (ESU) means a configuration of impervious surface estimated to
47 contribute an amount of runoff to the County's stormwater management system which is
48 approximately equal to that created by the average single-family residential developed
49 parcel in the service area.
50 (7) "Forestland" or "Timberland" means forestland or timberland parcels on lands taxed as
51 forestland under chapter 84.33 RCW or as timberland under chapter 84.34 RCW
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
(including forest roads and or any roads on lands taxed as forestland under chapter
84.33 RCW or as timberland under chapter 84.34 RCW).
(8) "Impervious surface" 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.
(9) "Manager" means the Public Works Director or his/her designee.
(10) "Other Developed Parcel' means a parcel that contains impervious surface area and is
not a single-family residence, including but not limited to, commercial, industrial, multi-
family apartment, and public property.
(11) "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.
(12) "Private roads" means a road which is on private property and is maintained with private
funds and requires a name per WCC 12.60.050.
(13) "Service charge" means the 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.
(14) "Single-family residence" means a residential structure designed exclusively for
occupancy by one family, including but not limited to mobile homes, cabins and duplex
units, as defined by the Whatcom County Land Use and Development Code.
i. "Small single-family residential footprint" means a parcel containing a single-
family residence that has less than or equal to 2,500 impervious square feet.
ii. "Medium single-family residential footprint' means a parcel containing a single-
family residence with more than 2,500 impervious square feet and less than or
equal to 8,400 impervious square feet.
iii. "Large single-family residential footprint' means a parcel containing a single-
family residence with more than 8,400 impervious square feet.
(15) "Undeveloped parcel' means any parcel of real property which has not been altered by
construction of any structure or other impervious surface area.
(16) "Unit rate" means the dollar amount charged per ESU.
(17) "WSDOE" means the Washington State Department of Ecology.
Section 5.0 Rate Structure
A. Service charges for the LWSU 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. The estimated or measured impervious surface
area will be used to determine the relative contribution of stormwater runoff from the parcel.
C. The County Council shall establish from time to time, by resolution, the value of one ESU
in impervious surface area, as measured in square feet.
Page 5
1 D. The County Council shall establish from time to time, by resolution, the unit rate per ESU.
2
3 Service charges shall be determined as follows:
4
5 1. Small Single -Family Residential Footprint — The service charge for each small
6 single-family parcel shall be the unit rate times 0.75 ESU.
7
8 2. Medium Single -Family Residential Footprint — The service charge for each
9 medium single-family parcel shall be the unit rate times 1.00 ESU.
10
11 3. Large Single -Family Residential Footprint — The service charge for each large
12 single-family parcel shall be the unit rate times 2.00 ESUs.
13
14 4. Other Developed Parcels — The service charge for all other developed parcels,
15 including publicly -owned properties, shall be computed by multiplying the unit
16 rate times the number of ESUs on the parcel minus any approved rate
17 adjustment for the parcel as determined under Section 7.0. There shall be a
18 minimum service charge for all other developed parcels equal to the unit rate.
19
20 For the purpose of computation of service charges for Other Developed Parcels,
21 the number of equivalent service units shall be rounded to the nearest whole
22 number.
23
24 The minimum service charge per individual timeshare owner shall be $5.00 in
25 order to help cover processing fees.
26
27 The following shall be exempt from service charges:
28
29 1. Undeveloped Parcels — Undeveloped parcels shall not be charged.
30
31 2. County and Private Roads — County and Private roads shall not be charged.
32
33 3. Forestland and Timberland — Forestland or timberland parcels (lands taxed as
34 forestland under chapter 84.33 RCW or as timberland under chapter 84.34 RCW)
35 shall not be charged.
36
37 Section 6.0 Billing
38
39 A. Property Tax Statements. Rates and charges as authorized by this Chapter shall be
40 added to and included in Whatcom County's annual tax statements.
41
42 B. Payment Date. The total amount of the stormwater charge shall be due and payable on
43 or before the 30th day of April and shall be delinquent after that date; however, if one-half of such rate
44 and charge is paid on or before the said 30th day of April, the remainder shall be due and payable on or
45 before the 31 st day of October and shall be delinquent after that date.
46
47
48 Section 7.0 Service Charge Adjustments and Appeals
49
50 A. Any person billed for service charges may file a written "Request for Service Charge
51 Adjustment" with the Manager within thirty (30) days of the date of the bill. However, submittal of such a
52 request does not extend the period of payment for the charge.
53
54 B. A request for service charge adjustment may be granted or approved by the Manager
55 only when one or more of the following conditions exist:
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
1. The single-family residential footprint designation (small, medium, large)
is in error, based on the measured impervious footprint, as demonstrated
to the satisfaction of County staff; or
2. The amount charged to Other Developed Parcels is in error; however, no
adjustment will be made unless the calculation of the impervious surface
area on the parcel is shown to be in error by at least ten percent (10%),
as demonstrated to the satisfaction of County staff; or
3. The parcel contains no impervious surfaces as defined in section 4.8 and
no County or private roads as defined in section 4.3 and 4.12; or
4. Upon application by the owner to the Manager, entire properties
developed in compliance with WCC 20.51.420 as demonstrated by an
approved building permit which for single family residences includes final
inspection signoff, or for commercial structures, a certificate of
completion, or in the event that structures were constructed prior to
adoption of WCC 20.51.420, as evidenced by a report written by a
licensed civil engineer confirming the project is conforming to or
exceeding WCC 20.51.420 shall be eligible for a reduction of 35 percent
of the service charge established in Section 5.0.
5. 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
(i) For qualifying permissive rainwater harvesting systems as
provided for under RCW 36.89.080 and eligible under section
7.0(B)(4) of this chapter the formula is expressed mathematically
as follows:
A = Fx10%
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Where:
A = The credit amount to be subtracted from
the annual fee; and
F = The total fee without credit.
6. The parcels are determined by the Manager to be contiguous. For
contiguous lots to qualify for a rate adjustment, the appellant must
demonstrate that parcels:
(i) Are contiguous; and
(ii) Are owned by the same entity; and
(iii) Are single-family residential in use / dwelling and appurtenant
accessory structures.
Lots determined to be contiguous by the Manager will be considered as
a single lot for the purposes of fee calculations;
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 effect at the time of the change.
C. 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. Adjustments shall not be made retroactively.
D. Decisions on service charge adjustment requests shall be made by the Manager based
on information submitted by the applicant and by the County within sixty (60) days of receipt by Public
Works of the written adjustment request, except when additional information is needed. The applicant
shall be notified in writing of the Manager's decision.
E. Decisions of the Manager on requests for service charge adjustments shall be final
unless appealed within thirty (30) days of the date the decision. The Whatcom County Hearing Examiner
shall review appeals considering the requirement and the intent of this ordinance and any other relevant
facts that further the intent of this ordinance.
Section 8.0 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.
Section 9.0 Use of Funds
Service charges collected under this ordinance shall be deposited into a special fund or funds 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, all or any part of the cost and expense of administering, planning,
designing, establishing, acquiring, developing, constructing, maintaining and improving the program and
facilities of the Lake Whatcom Stormwater Utility.
Section 10.0 Lien for Delinquent Charges
Page 8
1 A. Liens. Pursuant to RCW 36.94.150, Whatcom County shall have a lien for delinquent service
2 charges, including interest thereon, against any property against which they were levied, which lien shall
3 be superior to all other liens and encumbrances except general taxes and local and special assessments.
4 Such liens shall be effective and shall be enforced and foreclosed as provided in RCW 36.94.150.
5 Therefore, the County may commence to foreclose such liens sixty (60) days after the attachment of the
6 lien.
7
8 B. Interest. Delinquent service charges shall bear interest as provided in RCW 36.94.150 at the rate
9 of eight percent (8%) per annum, or such rate as may hereafter be authorized by law, computed on a
10 monthly basis from the date of delinquency until paid. Interest shall be calculated at the rate in effect at
11 the time of payment of the charges regardless of when the charges were first delinquent.
12
13 C. Penalties. Penalties of not more than ten percent of the amount due may be imposed in case of
14 failure to pay the charges at times fixed by resolution, as provided in RCW 36.94.150.
15
16 Section 11.0 Capital Facilities Charge
17
18 The County Council shall establish from time to time, by resolution, the unit rate per ESU for a
19 one-time, capital facilities charge (CFC) applicable to new development, expansion, or densification of
20 existing development.
21
22 Single-family Residential Parcels that are being developed would pay the CFC equal to one ESU when
23 developing a new single-family residence.
24
25 Other Developed Parcels would pay the CFC rate times the number of ESUs on the parcel as determined
26 by County approved site plan (Binding Site Plan) when constructing a new development or when the
27 expansion or densification of existing development results in additional ESUs being assessed to the
28 property.
29
30 Section 12.0 Future Fee Adjustments
31
32 County Council will review fee levels at least every five years to align fee revenue with prevailing
33 needs.
34
35 Section 13.0 Severability.
36
37 If any section, clause or provision of this Chapter be declared by the courts to be invalid, the
38 same shall not affect the validity of the Chapter as a whole or any part thereof, other than the part so
39 declared to be invalid.
40
41
Page 9