Chapter 12.40
SURFACE AND STORM WATER MANAGEMENT PROGRAM RATE STRUCTURE
Sections:
12.40.010 Title.
12.40.020 Purpose.
12.40.030 Applicability.
12.40.040 Definitions.
12.40.050 Rate structure.
12.40.055 Unit rates.
12.40.060 Billing.
12.40.070 Service charge adjustments and appeals.
12.40.080 Use of funds.
12.40.090 Lien for delinquent charges and foreclosures.
12.40.010 Title.
The ordinance codified in this chapter shall be titled “Surface and Storm Water Management Program Rate Structure.”
(Ord. 165 (1994) § 1.0, 1994)
12.40.020 Purpose.
It is the purpose of this chapter to provide for revenue for the Kitsap County surface and storm water management program to plan, manage, construct, maintain, use and carry out activities related thereto. This chapter provides these revenues by fixing rates and charges pursuant to RCW 36.89.080 for the furnishing of service to those served or receiving benefits, or to be served or to receive benefits from any drainage facility, or contributing to surface water runoff within Kitsap County. 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 county’s waterways, protect aquifers, insure 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.
(Ord. 165 (1994) § 2.0, 1994)
12.40.030 Applicability.
The requirements of this chapter shall apply to all parcels of real property in unincorporated Kitsap County, including public and private property.
(Ord. 165 (1994) § 3.0, 1994)
12.40.040 Definitions.
For the purposes of this chapter:
1. “Agricultural uses” means those activities involving land use for nonclassified agriculture and related activities and open space farming and agriculture as defined by the Kitsap County Zoning Ordinance.
2. “Apartment” means a residential structure accommodating five or more dwelling units; residential hotels and condominiums; hotels and motels; institutional lodging; or retirement apartments as defined by the Kitsap County Zoning Ordinance.
3. “Commercial uses” means those activities involving land used for retail, office, and marina condominiums; wholesale trade; retail trade in building materials, hardware, or farm equipment, in general merchandise, in food, in automobiles, tires, marine craft, aircraft, and accessories, in apparel and accessories, in furniture, home furnishings and equipment, in eating and drinking, or in other retail trades; finance, insurance, or real estate; personal services; marinas; resorts and group camps; veterinarian services; or miscellaneous services as defined by Kitsap County Zoning Ordinance.
4. “County” means the unincorporated areas of Kitsap County, Washington, or as indicated by the context, may mean the department of public works, public works director, county engineer, or other official, officer, employee or agency representing the county in the discharge of his or her duties.
5. “County roads” means public rights-of-way, excluding state roads, in the unincorporated areas of Kitsap County.
6. “Director” means the director of Kitsap County department of public works or his or her designee.
7. “Equivalent service unit” (“ESU”) means the average estimated amount of impervious surface area on a single-family residential parcel. For the purposes of calculating the service charges in Section 12.40.050 for property classes 3 – 6, 8 and 9, an ESU shall be defined as 4,200 square feet of impervious surface area.
8. “Forest land” means land classified or designated as forest land pursuant to Chapter 84.33 RCW; noncommercial forest and state forest; or open space timber as defined by Kitsap County Zoning Ordinance.
9. “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.
10. “Industrial uses” means those activities involving land used for manufacturing of food products, apparel and fabric, lumber and wood products, furniture and fixtures, paper products, printing and publishing, chemical, petroleum products, plastics, leather goods, stone, clay and glass, fabricated metal products, precision instruments, and miscellaneous manufacturing; railroad, motor vehicle, aircraft, marine craft transportation; automobile parking; communications; other transportation, communication, or utilities; water systems; sanitary land fills; or auto wrecking yards as defined by the Kitsap County Zoning Ordinance.
11. “Institutional establishments/uses” means those activities involving land used for hospitals, convalescent centers, contract construction services; governmental services; educational services; miscellaneous services; churches; cultural activities and nature exhibitions; public assembly; or recreational activities as defined by the Kitsap County Zoning Ordinance.
12. “Multifamily residence” means a residential structure accommodating two, three or four dwelling units as defined by Kitsap County Zoning Ordinance.
13. “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 lot number assigned by the Kitsap County assessor.
14. “Service charges” means the amount owed after applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
15. “Single-family residence” means a residential structure accommodating one dwelling unit, including mobilehomes as defined by Kitsap County Zoning Ordinance.
16. “State roads” means state highway rights-of-way as defined in RCW 90.03.520.
17. “Undeveloped land” means unimproved land, and land used for railroad transportation, unimproved forest land, unimproved agricultural land, parks, cemeteries, other resource production and open space as defined by the Kitsap County Zoning Ordinance.
18. “Unimproved agricultural land” means land defined as agricultural land with no residential structures.
19. “Unimproved forest land” means land defined as forest land with no residential structures.
20. “Unit rate” means the dollar amount charged per single-family residence or one ESU.
(Ord. 327 (2004) § 1, 2004: Ord. 319 (2004) § 1, 2004: Ord. 165-A (1995), § 1.0, 1995; Ord. 165 (1994) § 4.0, 1994)
12.40.050 Rate structure.
(a) The rates and service charges shall be based on the service provided and relative contribution of surface and storm water runoff from a given parcel to the storm water control facilities. The average estimated percentage of impervious surfaces on the parcel, the land use classification, the total parcel acreage and/or measured impervious surface area will be used to determine the relative contribution of surface and storm water runoff from the parcel.
(b) The board of county commissioners shall establish from time to time, by resolution, the unit rate applied to each class of property identified below:
|
Class of Property |
Basis of Service Charge |
|
|---|---|---|
|
(1) |
Single-family residence |
A unit rate per single-family residence based on one ESU. |
|
(2) |
Multifamily residence |
Number of dwelling units times the unit rate. |
|
(3) |
Apartments |
Estimated or measured impervious surface area divided by the square footage of one ESU, rounded to the nearest ESU but not less than one, times the unit rate. In the absence of measured impervious surface area, impervious surface area shall be estimated by multiplying the gross parcel size by a density of development factor of fifty-one percent. |
|
(4) |
Commercial uses |
Estimated or measured impervious surface area divided by the square footage of one ESU, rounded to the nearest ESU but not less than one, times the unit rate. In the absence of measured impervious surface area, impervious surface area shall be estimated by multiplying the gross parcel size by a density of development factor of sixty-two percent. |
|
(5) |
Industrial uses |
Estimated or measured impervious surface area divided by the square footage of one ESU, rounded to the nearest ESU but not less than one, times the unit rate. In the absence of measured impervious surface area, impervious surface area shall be estimated by multiplying the gross parcel size by a density of development factor of thirty-four percent. |
|
(6) |
Institutional uses |
Estimated or measured impervious surface area divided by the square footage of one ESU, rounded to the nearest ESU but not less than one, times the unit rate. In the absence of measured impervious surface area, impervious surface area shall be estimated by multiplying the gross parcel size by a density of development factor of forty-one percent. |
|
(7) |
Undeveloped land |
No charge. |
|
(8) |
County roads |
Estimated or measured impervious surface area divided by the square footage of one ESU, rounded to the nearest ESU times the unit rate. |
|
(9) |
State roads |
Thirty percent of the base rate for impervious surface area divided by the square footage of one ESU, rounded to the nearest ESU times the unit rate. |
(c) Rainwater Harvesting Rate Reduction. Any new or remodeled commercial building (as defined by subsections (b)(3) through (6) of this section) that utilizes rainwater harvesting may receive a fifty percent rate reduction for those surfaces from which the rain is harvested. In order to obtain the rate reduction, the proponent must demonstrate through an analysis prepared by a licensed professional engineer that the system will result in zero surface water discharge for all storm events contained in Section 12.18.110, using the hydrologic methods described in Section 12.20.020. The proponent is responsible for requesting the credit. The rate reduction will become effective for the calendar year following the request.
(d) One Hundred Percent Retention/Infiltration Rate Reduction. Any new or remodeled commercial development (as defined by subsections (b)(3) through (6) of this section) that utilizes one hundred percent infiltration of all site rain runoff water may receive a fifty percent rate reduction. In order to obtain the rate reduction, the proponent must demonstrate through an analysis prepared by a licensed professional engineer that the system will result in zero surface water discharge for all storm events contained in Section 12.18.110, using the hydrologic methods described in Section 12.20.020. The proponent is responsible for requesting the credit. The rate reduction will become effective for the calendar year following the request.
(e) Direct Discharge to Tidally Influenced Waters Rate Reduction. Any new or remodeled commercial development (defined by subsections (b)(3) through (6) of this section) that discharges directly into Puget Sound, or directly into the tidally influenced areas of rivers and streams discharging into Puget Sound, may receive a fifty percent rate reduction. In order to obtain the rate reduction, the proponent must demonstrate through an analysis prepared by a licensed professional engineer that the system conforms to the requirements of Chapter 12.18 and Section 12.20.040, and that the site does not discharge surface runoff except through the direct discharge system. The proponent is responsible for requesting the credit. The rate reduction will become effective for the calendar year following the request.
(Ord. 474-2011 § 1, 2011: Ord. 315 (2004) § 1, 2004: Ord. 165-A (1995) § 2.0, 1995; Ord. 165 (1994) § 5.0, 1994)
12.40.055 Unit rates.
(1) The unit rate shall be $57.30 per year per ESU or single-family residence for property classes 1 through 6, 8 and 9 listed in Section 12.40.050(b), starting January 1, 2007.
(2) The unit rate shall be $62.30 per year per ESU or single-family residence for property classes 1 through 6, 8 and 9 listed in Section 12.40.050(b), starting January 1, 2008.
(3) The unit rate shall be $67.30 per year per ESU or single-family residence for property classes 1 through 6, 8 and 9 listed in section 12.40.050 (b) starting January 1, 2009.
(4) The unit rate shall be $69.80 per year per ESU or single-family residence for property classes 1 through 6, 8 and 9 listed in section 12.40.050 (b) starting January 1, 2010.
(Ord. 360 (2006) § 1, 2006: Ord. 327 (2004) § 2, 2004: Ord. 319 (2004) § 2, 2004)
12.40.060 Billing.
(a) All property subject to rates and service charges pursuant to this chapter shall be assessed annually. Billing statements shall be included on the annual property tax statements. Properties which do not receive a property tax statement will receive a separate rate and service charge billing statement.
(b) The total amount of the service 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 service charge is paid on or before the 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.
(Ord. 165 (1994) § 6.0, 1994)
12.40.070 Service charge adjustments and appeals.
(a) Any person billed for service charges may file a request for service charge adjustment with the director within thirty days of the date of the bill. 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, subject to the county assessor’s review if modification of the assessor’s database is recommended, only when one of the following conditions exists:
(1) The parcel is owned and is the personal residence of a person or persons determined by the county assessor as qualified for a low income senior citizen exemption authorized under RCW 84.36.381; parcels qualifying hereunder shall be given the same percentage reduction in the service charge as in RCW 84.36.381;
(2) The acreage of the parcel charged is in error;
(3) The parcel is nonresidential and the actual impervious surface area of the parcel, as established by a licensed surveyor or engineer, is more than fifty percent of an equivalent service unit greater than or less than the estimated or measured impervious surface area used in determining the charge;
(4) Parcels owned or leased by a public school district which provides activities which directly benefit the surface and storm water management program. The activities may include: curriculum specific to the issues and problems of surface and storm water management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface and storm water management system. Pursuant to RCW 36.89.085, the amount of the service charge adjustment shall be determined by the director based upon the cost of the activities to the school district, but not to exceed the value of the activity to the surface and storm water management program. Determination of which activities qualify for the surface and storm water management service charge reduction will be made by the director. Reductions in surface and storm water management service charges will only be granted to school districts which provide programs that have been evaluated by the director. The service charge adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district;
(5) The service charge bill was otherwise not calculated in accordance with the terms of this chapter; or
(6) The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements which adversely affect water quantity or quality.
(c) Service charge adjustments will only apply to the bill then due and payable, and bills subsequently issued. In the event that the county replaces estimated impervious surface area with measured impervious surface area, in the absence of an appeal, such actual impervious surface area will be used for future bills.
(d) The property owner shall have the burden of proving that the service charge adjustment should be granted.
(e) Decisions on requests for service charge adjustment shall be made by the director 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. If an adjustment is granted which reduces the service charge for the current year, the applicant shall be refunded the amount overpaid in the current year.
(f) If the director finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase and service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under the provisions set forth in Section 12.40.060.
(g) Decisions of the director on requests for service charge adjustments shall be final unless within thirty days of the date the decision was mailed, the applicant submits in writing to the director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the Kitsap County board of county commissioners.
(Ord. 165 (1994) § 7.0, 1994)
12.40.080 Use of funds.
Service charges collected under this chapter 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 storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the surface and storm water management program and drainage facilities.
(Ord. 165 (1994) § 8.0, 1994)
12.40.090 Lien for delinquent charges and foreclosures.
(a) Delinquent service charges shall bear interest as provided in RCW 36.89.090 and 36.89.092 at the rate of twelve 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.
(b) The county shall have a lien for delinquent service charges, including interest thereon, against any property subject to service charges; the 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 in the manner provided by RCW 36.94.150; except that the service charge 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 records and elections division, as provided for in RCW 36.89.093. In accordance with RCW 36.89.094, the county may commence to foreclose a surface water management service charge lien after three years from the date surface water management charges become delinquent, in lieu of the provisions provided for in RCW 36.94.150.
(Ord. 165 (1994) § 9.0, 1994)