HomeMy WebLinkAboutord2020-052strikeWhatcom County
Agenda Bill Master Report
File Number: AB2020-393
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID: AB2020-393 Version: 1 Status: Adopted
File Created: 09/16/2020 Entered by: BBushaw@co.whatcom.wa.us
Department: Public Works File Type: Ordinance Requiring a Public Hearing
Department
Assigned to: Council Final Action: 10/13/2020
Agenda Date: 10/13/2020 Enactment #: ORD 2020-052
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 16.30 bake Whatcom Stormwater Utility Service Area
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending Whatcom County Code 16.30 Lake Whatcom Stormwater Utility Service Area
Regarding Clarification of Requirements of Capital Facilities Charges
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
09/29/2020 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
10/13/2020 Council ADOPTED
Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner
Nay: 2 Byrd, and Elenbaas
Absent: 0
Attachments: Memo, Proposed Ordinance
Whatcom County Page 1 Printed on 1011412020
1 PROPOSED BY: —Staff -Public Works
2 INTRODUCTION DATE:_9-29-20_
3
4
5 ORDINANCE NO. 2020-052
6
7 AMENDMENT TO WHATCOM COUNTY CODE 16.30
8 LAKE WHATCOM STORMWATER UTILITY SERVICE AREA REGARDING
9 CLARIFICATION OF REQUIREMENTS OF CAPITAL FACILITES CHARGES
10
11
12 WHEREAS, RCW 36.89.080 authorizes a charge for the furnishing of
13 service to both those who are receiving or will receive benefits from stormwater control
14 facilities and programs and to those who are contributing to an increase in surface water
15 runoff; and,
16
17 WHEREAS, the Lake Whatcom Stormwater Utility Service Area was
18 adopted with Ordinance 2017-076 to include the entire unincorporated Lake Whatcom
19 watershed; and,
20
21 WHEREAS, on July 23, 2019 the Council adopted ordinance 2019-053
22 authorizing for the furnishing of service to those who are receiving or will receive
23 benefits from stormwater control facilities or programs and who are contributing to an
24 increase in surface water runoff in the Lake Whatcom Stormwater Utility Service Area;
25 and,
26
27 WHEREAS, the Council put implementing WCC section 16.30.120
28 Capital Facilities Charge on hold until January 1, 2021 to provide staff time to modify the
29 original language and establish an internal process for processing CFCs; and,
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31 WHEREAS, staff have completed the proposed modifications to the
32 existing language and have established an internal process for CFCs.
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Page 1
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
3 Section 1. Whatcom County Code 16.30.050 and 16.30.120 are amended to include
4 changes regarding capital facilities charges as included in Exhibit A of this ordinance.
5
6 Section 2. Challenges to the validity of any of the sections, clauses, or provisions of
7 this ordinance shall not affect or impair the validity of the ordinance as a whole or any
8 part thereof other than the part so declared to be invalid.
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10 Section 3. This ordinance shall become effective upon approval by Council.
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���®��I%� 8 1 Ef I I I B I
ADOPTI` tAis"- d*.y' ,-11 f, October , 2020
p, T C o /4 �P
Q NN
r C
Danar$row�i�®li,Sl6rk of the Council
WHAT COM COUNTY EXECUTIVE
APPROVED AS TO FORM:
V�„ 1,e
Christopher Quinn, Senior Civil Deputy
Prosecuting Attorney
WHATCOM COUNTY COUNCIL
"W TCOM , W HINGTON
� 0
Ba ry B chan n, Council Chair
Page 2
WHA COUNTY, WAS N ON
a
Satpal Singh -Si u, County Executive
()6 Approved ( ) Denied
Date Signed: 6761'rif 1-®ze'
EXHIBIT A
3 CHAPTER 16.30
4 LAKE WHATCOM STORMWATER UTILITY SERVICE AREA
5
6 16.30.050 Definitions
7
8 For the purposes of this Chapter, the words or phrases below shall have the
9 following meanings:
10
11 (1) "County" means Whatcom County, or as indicated by the context, may
12 mean the Department of Public Works, Public Works Director, County
13 Engineer, or other employee or agent representing the County in the
14 discharge of his or her duties.
15 (2) "County Council" means the Whatcom County Council, which is the
16 legislative branch of Whatcom County government.
17 (3) "County roads" means public rights -of -way, excluding State roads, in the
18 unincorporated areas served by the LWSU.
19 (4) "Developed parcel" means a parcel of real property which has been
20 altered by impervious surface coverage.
21 (5) "Enterprise fund" means a fund established to account for operations that
22 are financed and operated in a manner similar to private business
23 enterprises where the intent of the governing body is that the costs
24 (expenses, including depreciation) of providing goods or services to the
25 general public on a continuing basis be financed or recovered primarily
26 through user charges. As such, enterprise funds must report actual
27 financial position and results of operations, such as actual assets,
28 liabilities, fund equity balances, revenues, expenditures, and expenses.
29 (6) "Equivalent service unit" (ESU) means
30 suilaGe estimated
31
32
33 on,:^� 'ram'. the amount of runoff a development contributes to the
34 county's municipal separate storm sewer system (MS4) as defined by
35 square footage of impervious surface or approximately equal to the
36 im ervious surface created by the average single-family residential
37 developed parcel as recommended by the Western Washington
38 Stormwater Management Manual for runoff modeling.
39 (7) "Forestland" or "Timberland" means forestland or timberland parcels on
40 lands taxed as forestland under chapter 84.33 RCW or as timberland
41 under chapter 84.34 RCW (including forest roads and or any roads on
Page 3
lands' • as forestland under chapter84.33 RCW or • ' •
under• 84
"Impervious
4 the r of wateF inte the soil mantle and/oF Gause wateF to run off the
5 suFfaGe iR gFeateF quantities 9F at I Fate ef flew than uRde-r
•atuFal e• r '•s. • '•'• •• r '• •• • ^. wmaus
surfaGes *nGlude, but are not
•
walkways, patie areas, dFiveways, parking IGt6 OF 6teFage areas and
e • .' . ^ . dirt,
r' ... eF 9theF suFfaGeS
• •
10 natural wnfiltFation Of SUFf-aGe water or runoff patterns exi6tent pFier to
11 developmepvt, A non -vegetated surface area which either prevents or
12 retard natural conditions
13 prior to development. A non -vegetated surface area which causes water to
14 run off the surface in areater auantities or at an increased rate of flow from
• impervious surfacesinclude,but are # # to, roof tops,a5
17 patios, drivewa, s arkina lots or storacie areas, concrete or asphalt
18 pavina, gravel roads, packed earthen materials, and oiled, macadam or
19 other surfaces which similarly impede the natural infiltration of stormwater.
20 Open, uncovered retention/detention facilities shall not be considered as
21 impervious surfaces for the purposes of determining whether the
22 thresholds forapplication of Requirements ♦ . exceedgd. Open,
23 uncovered retention/detention facilities shall be considered impervious
25 (9) "Manager" means the Public Works Director or his/her designee.
26
(10)
"Municipal separate storm sewer system (MS4)" means a conveyance or
27
system of conveyances (including roads with drainage systems, municipal
28
streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
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drains
30
(11)
"Other Developed Parcel' means a parcel that contains impervious
31
surface area and is not a single-family residence, including but not limited
32
to, commercial, industrial, multi -family apartment, and public property.
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(12)
"Parcel' means the smallest separately segregated unit or plot of land
34
having an identified owner, boundaries and surface area which is
35
documented for real property purposes and a tax account number
36
assigned by the Whatcom County Assessor -Treasurer.
37
(13)
"Private roads" means a road which is on private property and is
38
maintained with private funds and requires a name per WCC 12.60.050.
39
(14)
"Service charge" means the fee in an amount to be determined by
40
applying the appropriate rate to a particular parcel of real property based
41
upon factors established by this Chapter.
Page 4
1 (15) "Single-family residence" means a residential structure designed
2 exclusively for occupancy by one family, including but not limited to mobile
3 homes, cabins and duplex units, as defined by the Whatcom County Land
4 Use and Development Code.
5 i. "Small single-family residential footprint" means a parcel containing
6 a single-family residence that has less than or equal to 2,500
7 impervious square feet.
8 ii. "Medium single-family residential footprint" means a parcel
9 containing a single-family residence with more than 2,500
10 impervious square feet and less than or equal to 8,400 impervious
11 square feet.
12 iii. "Large single-family residential footprint" means a parcel containing
13 a single-family residence with more than 8,400 impervious square
14 feet.
15 (16) "Undeveloped parcel' means any parcel of real property which has not
16 been altered by construction of any structure or other impervious surface
17 area.
18 (17) "Unit rate" means the dollar amount charged per ESU.
19 (18) "WSDOE" means the Washington State Department of Ecology.
20
21 16.30.120 Capital Facilities Charge
22
23 The County Council shall establish from time to time, by fes4WtiGa ordinance, the
24 unit rate per ESU for a one-time, capital facilities charge (CFC) applicable to: eew
25
26
27 A. Single-family Residential Parcels.
28 New single-
29 family dwelling units shall gay a CFC equal to one ESU. The CFC fee is required
30 at the time of approved project Hermit authorizing construction.
31
Other Developed Parcels... GF=G Fatetimes tke vM ..
33 the paaF_-el aas- de-teemmune—dby Gounty approved site plan (Binding Site Plan) wbe44
- new - e_ -• when the expansion .
existing35 development Fesults On additional EgWs being assessed to the .
36 New or additional ESU SUs. The
38 construction. No CFC is required for•. . •M or pn i
39 new and reolaced impervious surface does not cause
Page 5
1 ESUs to increase, or if the entire oroiect is replaced or redeveloped existing.
2 impervious surface.
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