HomeMy WebLinkAboutord2020-052Whatcom 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 Lake 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_
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5 ORDINANCE NO. 2020-052
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7 AMENDMENT TO WHATCOM COUNTY CODE 16.30
8 LAKE WHATCOM STORMWATER UTILITY SERVICE AREA REGARDING
9 CLARIFICATION OF REQUIREMENTS OF CAPITAL FACILITES CHARGES
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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,
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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,
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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,
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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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1 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
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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.
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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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" 3hy 6,f, October 2020
N p�
:-0 - WHATCOM COUNTY COUNCIL
ATTE�T):a � ..- TCOM , W HINGTON
Dana, row��� 1 Q6rlt of the CounciI Ba ry B than n, Council Chair
WHATCOM COUN/TY EXECUTIVE
APPROVED AS TO FORM:
Christopher Quinn, Senior Civil Deputy
Prosecuting Attorney
Page 2
WHAT,CoW COUNTY, WAS N ON
e
Satpal Singh -Si u, County Executive
(�,j Approved ( ) Denied
Date Signed: 06 ,el® Z® d�'
1 EXHIBIT A
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3 CHAPTER 16.30
4 LAKE WHATCOM STORMWATER UTILITY SERVICE AREA
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6 16.30.050 Definitions
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8
For the
purposes of this Chapter, the words or phrases below shall have the
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following meanings:
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(1)
"County" means Whatcom County, or as indicated by the context, may
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mean the Department of Public Works, Public Works Director, County
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Engineer, or other employee or agent representing the County in the
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discharge of his or her duties.
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(2)
"County Council" means the Whatcom County Council, which is the
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legislative branch of Whatcom County government.
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(3)
"County roads" means public rights -of -way, excluding State roads, in the
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unincorporated areas served by the LWSU.
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(4)
"Developed parcel" means a parcel of real property which has been
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altered by impervious surface coverage.
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(5)
"Enterprise fund" means a fund established to account for operations that
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are financed and operated in a manner similar to private business
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enterprises where the intent of the governing body is that the costs
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(expenses, including depreciation) of providing goods or services to the
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general public on a continuing basis be financed or recovered primarily
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through user charges. As such, enterprise funds must report actual
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financial position and results of operations, such as actual assets,
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liabilities, fund equity balances, revenues, expenditures, and expenses.
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(6)
"Equivalent service unit" (ESU) means the amount of runoff a
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development contributes to the County's municipal separate storm sewer
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system (MS4) as defined by square footage of impervious surface or
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approximately equal to the impervious surface created by the average
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single-family residential developed parcel as recommended by the
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Western Washington Stormwater Management Manual for runoff
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modeling.
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(7)
"Forestland" or "Timberland" means forestland or timberland parcels on
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lands taxed as forestland under chapter 84.33 RCW or as timberland
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under chapter 84.34 RCW (including forest roads and or any roads on
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lands taxed as forestland under chapter 84.33 RCW or as timberland
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under chapter 84.34 RCW).
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1 (8) "Impervious surface" means a non -vegetated surface area which either
2 prevents or retards the entry of water into the soil mantle as under natural
3 conditions prior to development. A non -vegetated surface area which
4 causes water to run off the surface in greater quantities or at an increased
5 rate of flow from the flow present under natural conditions prior to
6 development. Common impervious surfaces include, but are not limited to,
7 roof tops, walkways, patios, driveways, parking lots or storage areas,
8 concrete or asphalt paving, gravel roads, packed earthen materials, and
9 oiled, macadam or other surfaces which similarly impede the natural
10 infiltration of stormwater. Open, uncovered retention/detention facilities
11 shall not be considered as impervious surfaces for the purposes of
12 determining whether the thresholds for application of Minimum
13 Requirements are exceeded. Open, uncovered retention/detention
14 facilities shall be considered impervious surfaces for purposes of runoff
15 modeling.
16 (9) "Manager" means the Public Works Director or his/her designee.
17 (10) "Municipal separate storm sewer system (MS4)" means a conveyance or
18 system of conveyances (including roads with drainage systems, municipal
19 streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
20 drains
21 (11) "Other Developed Parcel" means a parcel that contains impervious
22 surface area and is not a single-family residence, including but not limited
23 to, commercial, industrial, multi -family apartment, and public property.
24 (12) "Parcel" means the smallest separately segregated unit or plot of land
25 having an identified owner, boundaries and surface area which is
26 documented for real property purposes and a tax account number
27 assigned by the Whatcom County Assessor -Treasurer.
28 (13) "Private roads" means a road which is on private property and is
29 maintained with private funds and requires a name per WCC 12.60.050.
30 (14) "Service charge" means the fee in an amount to be determined by
31 applying the appropriate rate to a particular parcel of real property based
32 upon factors established by this Chapter.
33 (15) "Single-family residence" means a residential structure designed
34 exclusively for occupancy by one family, including but not limited to mobile
35 homes, cabins and duplex units, as defined by the Whatcom County Land
36 Use and Development Code.
37 i. "Small single-family residential footprint" means a parcel containing
38 a single-family residence that has less than or equal to 2,500
39 impervious square feet.
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1 ii. "Medium single-family residential footprint" means a parcel
2 containing a single-family residence with more than 2,500
3 impervious square feet and less than or equal to 8,400 impervious
4 square feet.
5 iii. "Large single-family residential footprint" means a parcel containing
6 a single-family residence with more than 8,400 impervious square
7 feet.
8 (16) "Undeveloped parcel" means any parcel of real property which has not
9 been altered by construction of any structure or other impervious surface
10 area.
11 (17) "Unit rate" means the dollar amount charged per ESU.
12 (18) "WSDOE" means the Washington State Department of Ecology.
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14 16.30.120 Capital Facilities Charge
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16 The County Council shall establish from time to time, by ordinance, the unit rate
17 per ESU for a one-time, capital facilities charge (CFC) applicable to:
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19 A. Single-family Residential Parcels. New single-family dwelling units shall pay a
20 CFC equal to one ESU. The CFC fee is required at the time of approved project
21 permit authorizing construction.
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23 B. Other Developed Parcels. New or additional ESUs shall pay the CFC rate times
24 the number of ESUs. The CFC fee is required at the time of the approved project
25 permit authorizing construction. No CFC is required for redevelopment or
26 expansion if the total of new and replaced impervious surface does not cause the
27 existing number of ESUs to increase, or if the entire project is replaced or
28 redeveloped existing impervious surface.
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